Opinion
284 A.D. 649 133 N.Y.S.2d 466 In the Matter of ELI A. PEARSON et al., and on Behalf of Others Similarly Situated, Appellants, v. BOARD OF ELECTIONS OF THE CITY OF SYRACUSE, Respondent. In the Matter of JACK BUCKLE et al., and on Behalf of Others Similarly Situated, Appellants, v. BOARD OF ELECTIONS OF THE CITY OF SYRACUSE, Respondent.
Supreme Court of New York, Fourth Department. September 8, 1954
APPEALS from orders of the Supreme Court at Special Term (MCCLUSKY, J.), entered August 31, 1954, in Onondaga County in proceedings for orders under section 330 of the Election Law declaring valid petitions designating, in the first above-entitled proceeding, appellant Eli A. Pearson and others to the party positions of county committeeman of the Democratic party for the 2d, 3d, 4th, 5th, 6th and 7th election districts of the 15th ward of the city of Syracuse, and designating, in the second above-entitled proceeding, appellant Jack Buckle and others to the party positions of county committeeman of the Democratic party for the 1st, 4th, 5th, 6th and 7th election districts of the 16th ward of the city of Syracuse. Section 135 of Election Law provides in part as follows:
' Form of designating petition. 1. The sheets of a designating petition shall be numbered consecutively, beginning with number one, at the foot of each sheet and must set forth in every instance the full name of the signer, his residence, ward (except in the city of New York), election district, town or city (except in the city of New York), and the date when the signature is affixed. In the city of New York and in the town of Hempstead, the petition must also set forth the assembly district in which the signer resides. A signer need not himself fill in the date, residence, ward, election district, town or city or assembly district.
'2. Each sheet of such a petition, except as herein otherwise provided, shall be in substantially the following form:
'I, the undersigned, do hereby state that I am a duly enrolled voter of the ............ party, and entitled to vote at the next primary election of such party, that my place of residence is truly stated opposite my signature hereto, and that I intend to support at the ensuing primary and I do hereby designate the following named person (or persons) as a candidate (or as candidates) for nomination of such party for public office (or public offices) or for election to party position (or party positions) of such party to be voted for at the primary election to be held on the ........ day of ........, 19...., as hereinafter specified.
Names of candidates
Public office or party position
Place of residence (also post office address, ifnot identical)
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COUNSEL
Vincent A. O'Neil for appellants.
Morris Garber for respondent.
OPINION
Per Curiam.
The appellants may maintain representative proceedings under section 330 of the Election Law, on behalf of candidates for election to the party position of county committeeman in the respective districts of the appellants. (Matter of Enright v. Board of Elections of City of N.Y. , 257 A.D. 601, appeal dismissed 282 N.Y. 691; Matter of Boschetti v. Heffernan, 275 A.D. 999, affd. 300 N.Y. 454.) They may not maintain representative proceedings on behalf of such candidates in election districts other than their own. (Matter of Cantwell v. Cohen, 259 A.D. 742, affd. 282 N.Y. 744; Matter of Bokor v. Cohen, 172 Misc. 448, affd. 257 A.D. 1069; Matter of Corn v. Cohen, 181 Misc. 832, affd. 267 A.D. 891.)
The designating petitions involved here conform to the mandatory requirements set forth in the first paragraph of section 135 of the Election Law. We are only concerned with the question of whether such petitions are 'substantially' in the form set forth in the second paragraph of said section. The statutory form is in the alternative and embraces both candidates for election to party position at the primary and the nomination of candidates for public office at such primary. The petitions under consideration omit a reference to 'election to party position' and in the preamble and column head refer to 'nomination' for public office. However, in the body of the petitions, it clearly appears that the appellants were designated to the party position of 'County Committeeman' and 'County Committeewoman' and there appear the respective residences of the designees by street, number and city. Following the name of each signer is the residence address by street, number and city and the number of his ward and election district in the city. Considering the petitions as a whole, it seems quite apparent that the signers of the petition intended to designate the appellants as candidates for election as county committeemen from the respective election districts at the ensuing primary. It can hardly be said that they were deceived by the form of the preamble in thinking they were designating appellants to any office or position except that of county committeeman from their own election districts. There is no one else to be deceived or confused except the board of elections and the intention of the signers must be apparent to the board. If the names of the designees are upon the primary ballot, the party voters will not be confused or deceived in expressing their choice for the party positions. We conclude that, liberally construed, the petitions substantially conform to the requirements of the statute. ( Matter of Ryan v. Cohen, 177 Misc. 559, affd. 262 A.D. 956, affd. 286 N.Y. 685; Matter of Carusone v. Varney, 277 A.D. 326, affd. 301 N.Y. 669; Corn v. Cohen, 49 N.Y. S.2d 913.) We agree with the statement in Matter of Carusone v. Varney (supra, p. 328): 'The clear purpose of enrolled voters who seek to designate candidates should be given effect if possible, and not frustrated by technical objections relating to matters not of a vital and mandatory nature.'
The orders appealed from should be modified and the motions of the petitioners should be granted insofar as they relate to the petitions in the 5th district of the 15th ward and the 4th district of the 16th ward of the city of Syracuse and the board of elections of the City of Syracuse directed to place upon the primary ballot the names of the persons designated in those districts for the positions of county committeemen, and, as so modified, the orders should be affirmed, without costs to any party.
All concur. Present--VAUGHAN, J. P., KIMBALL, PIPER, WHEELER and VAN DUSER, JJ.
Orders modified in accordance with the opinion and, as modified, affirmed, without costs of this appeal to any party.