inations are made, to wit: Those required to be filed with the secretary of state, if party nominations, at least thirty and not more than forty days; if independent nominations, at least twenty-five days and not more than forty days; those required to be filed with the county clerk, or the board of elections of the city of New York, or with the city clerk of any other city, or with the commissioner of elections of Erie county, if party nominations, at least twentyfive and not more than thirty-five days; if independent nominations, at least twenty, and not more than thirty-five days; those required to be filed with a town or village clerk, if party nominations, at least fifteen and not more than twenty days; if independent nominations, at least ten and not more than twenty days. Except that in towns, other than in the county of Erie, where town meetings are held at the time of general elections, certificates of nomination for town officers, shall be filed with the town and county clerks, within the time required by this section for the filing of certificates of nomination with the county clerk, and in the county of Erie such certificates shall be filed with the commissioner of elections and the town clerks not less than twenty nor more than thirty days before the day of election. In case of a special election ordered by the governor under the provisions of section four of the election law, the certificates of nominations for the office or offices to be filled at such special election shall be filed with the proper officer or boards not less than fifteen days before such special election. (Thus amended by chap. 95, Laws of 1901; chap. 405, Laws of 1902, and chap. 643, Laws of 1905.)

§ 60. Certification of nominations by secretary of state. The secretary of state shall, fourteen days before the election, certify to the county clerk of each county, except the county of Erie and those counties the whole of which are within the city of New York, and to the board of elections of the city of New York, and to the commissioner of elections of the county of Erie, the name, residence and place of business, if any, of each candidate nominated in any certificate so filed for whom the electors of any such county or said city, respectively, may vote, the title of the office for which he is nominated, the party or other political name specified in such certificate, and the emblem or device chosen to represent and distinguish the candidates of the political party or independent body making such nominations. (Thus amended by chap. 95, Laws of 1901, and chap. 643, Laws of 1905.)

§ 61. Publication of nominations. At least six days. before an election to fill any public office the county clerk of each county, except those counties which are wholly within the city of New York, and the county of Erie, and in the county of Erie the commissioner of elections, shall cause to be published in not less than two or more than four newspapers within such county, one of which shall be a daily newspaper, if a daily newspaper is published in such county, and in any county having one hundred thousand or more inhabitants, adjoining a city having a population of one million or more, in not less than six nor more than ten newspapers, a list of all nominations of candidates for offices other than town offices to be filled at such election, certified to such officer by the secretary of state, or filed in the office of such officer. The board of elections of the city of New York shall, within the same time before an election to fill any public office, cause to be published in two newspapers published in each borough within such city a list of the nominations of candidates for office to be voted for at such election in such boroughs respectively, which were certified to such board by the secretary of state, or filed in the office of such board, and in the borough of Brooklyn the board of elections shall cause such publication to be made in the newspapers designated as corporation newspapers of said borough. Such publication shall contain the name and residence, and if in a city, the street number of the residence and place of business, if any, and the party or other designation of each candidate, and a facsimile of the emblems or devices selected and designated as prescribed by the fifty-sixth and fiftyseventh sections of this act, to represent and distinguish the candidates of the several political parties or independent bodies. The city clerk of each city except New York and Buffalo and the board of elections of the city of New York, and in the city of Buffalo, the commissioner of elections, shall at least six days before an election of city officers thereof, held at a different time from a general election, cause like publications to be made as to candidates for offices to be filled at such city election in a like number of newspapers published in such city. One of such publications shall be made in a newspaper which advocates the principles of the political party that, at the last preceding election for governor, cast the largest number of

votes in the state for such office; and another of such publications shall be made in a newspaper which advocates the principles of the political party that at the last preceding election for governor cast the next largest number of votes in the state for such office. The officer or board, in selecting the papers for such publications, shall select those which, according to the best information he can obtain, have a large circulation within such county or city. In making additional publications, the officer or board shall keep in view the object of giving information, so far as possible, to the voters of all political parties. The officer or board shall make such publication twice in each newspaper so selected in a county or city in which daily newspapers are published; but if there be no daily newspaper published within the county, one publication only shall be made in each of such newspapers. Should the county clerk or other officer find it impracticable to make the publication six days before election day in counties where no daily newspaper is printed, he shall make the same at the earliest possible day thereafter, and before the election. (Thus amended by chap. 95, Laws of 1901; chap. 74, Laws of 1904, and chap. 643, Laws of 1905.)

§ 62. Lists for town clerks and aldermen.- The county clerk of each county, except the county of Erie and those counties which are wholly within the city of New York, and in the county of Erie the commissioner of elections, shall at least six days before election day, send to the town clerk of each town, and to an alderman of each ward in any city in the county, at least five and not more than ten printed lists for each election district in such town or ward, containing the name and residence, and if in a city, the street number of residence, and place of business, if any, of all candidates whose certificates of nomination have been filed with him or been certified to him, and the party or other designation, and also a facsimile of the emblem or device of each politi cal party, or independent body nominating candidates to be voted for by the electors of the respective towns and wards. Such lists shall, at least three days before the day of election be conspicu ously posted by such town clerk or alderman in one or more public places in each election district of such town or ward, one of which shall be at each polling place. (Thus amended by chap. 379, Laws of 1897, and chap. 643, Laws of 1905.)

§ 63. Posting town and village nominations.Each town and village clerk shall cause at least ten copies of a like list of all nominations to office filed with him for an election to be held at a time other than the day of the general election, to be conspicuously posted in ten public places in the town or village, at least one day before the town meeting or village election, one of which copies shall be so posted at each polling place of such town meeting or village election. (Thus amended by chap. 643,

Laws of 1905.)

$ 64. Declination of nomination. The name of a person nominated for any office shall not be printed on the official ballot if he notifies the officer with whom the original certificate of his nomination is filed, in a writing signed by him and duly acknowledged, that he declines the nomination, or if nominated by more than one political party, or independent body, the name of a person so nominated shall not be printed on the ticket of a party or independent body whose nomination he shall in like manner decline. If the declination be of a party nomination filed with the secretary of state, such notification shall be given at least twenty-five days, and if an independent nomination, at least twenty days before the election. If the declination be of a party nomination filed with a county clerk or the board of elections of the city of New York, or the commissioner of elections of the county of Erie, or with the city clerk of any city, such notification shall be given at least twenty days and if of an independent nomination at least eighteen days before the elec tion. If the declination be of a party nomination filed with a town or village clerk, such notification shall be given at least ten days, and if of an independent nomination, at least seven days before the election. Except that a declination of nomination to a town office in towns where town meetings are held at the time of general elections must be filed in the office of the county clerk, and if in the county of Erie in the office of the commissioner of elections, within the time required by this section for filing the declination of nomination to a county office, and the county clerk or the said commissioner shall forthwith notify the town clerk in writing of such declination. The officer to whom such notification is given, shall forthwith inform by mail or otherwise, the committee, if any, appointed on the face of such certifi

cate as permitted by sections fifty-six and fifty-seven of this act, and otherwise one or more persons whose names are attached to such certificate, that the nomination conferred by such certificate has been declined and if such declination be filed with the secretary of state, such officer shall also give immediate notice by mail or otherwise, that such nomination has been declined, to the several county clerks or other officers, authorized by law to prepare official ballots for election districts affected by such declination. (Thus amended by chap. 95, Laws of 1901; chap. 405, Laws of 1902, and chap. 643, Laws of 1905.)

§ 65. Objections to certificates of nomination.- A written objection to any certificate of nomination may be filed with the officer with whom the original certificate of nomination is filed within three days after the filing of such certificate. If such objection be filed, notice thereof shall be given forthwith by mail to the committee, if any, appointed on the face of such certificate for the purposes specified in section sixty-six of this act, and also to each candidate placed in nomination by such certificate. The questions raised by such written objection shall be heard and determined as prescribed in section fifty-six of this act.

§ 66. Filling vacancies in nominations, and correction of certificates.- Subdivision 1. If a nomination is duly declined, or a candidate regularly nominated dies before elec tion day, or is found to be disqualified to hold the office for which he is nominated, or if any certificate of nomination is found to be defective but not wholly void, the committee appointed on the face of such certificate of nomination, as permitted by sections fifty-six and fifty-seven of this act, may make a new nomination to fill the vacancy so created, or may supply such defect, as the case may be, by making and filing with the proper officer a certificate setting forth the cause of the vacancy or the nature of the defect, the name of the new candidate, the title of the office for which he is nominated, the name of the original candidate, the name of the political party or other nominating body which was inscribed on the original certificate and such further information as is required to be given by an original certificate of nomination; except that where a certificate is filed pursuant to this section to fill a vacancy it shall not be lawful to select a new emblem or device, but the emblem or device chosen to represent