with reference to which the convention failed to take any action. Reports of Atty-Gen. (1901), 292, (1902), 307.

Power of committee.-Although this section allows the committee appointed by a political convention to supply vacancies in a certificate of nomination, fill vacancies, etc., such committee has no power when a certificate of nomination has not been filed within the time required by statute. Matter of Darling (1907), 121 App. Div. 656, 106 N. Y. Supp. 430, aff'd 189 N. Y. 570. Where assembly certificates when originally filed did not contain the name of the office as required by the Election Law, they were defective only and not wholly void; and the committee appointed on their face to supply defects, etc., should supply such defects. Matter of Independence League Nominations (1906), 51 Misc. 486, 100 N. Y. Supp. 760.

The Election Law provides that when there have been original party nominations the nominations are completed on the filing of the cetificate, and when a nomination has been declined the vacancy must be filled by a candidate selected by the nominators. But as such committee having the right to fill vacancies is prohibited from selecting any person who has been nominated as a candidate by any other political party, it follows that the candidate who is nominated by another party cannot be placed under the name and emblem by filing the certificate of nomination by independent voters. What cannot be done directly by the committee cannot be done indirectly by the certificate of nomination. Matter of Brevillier (1906), 116 App. Div. 144, 102 N. Y. Supp. 217.

Where a party nominee has duly declined the nomination and filed a certificate to the effect with the board of elections as required by statute, two of a committee of three appointed by the convention pursuant to this section are entitled to nominate a person in his place by filing a new certificate. Matter of Kirk v. Gallagher (1911), 146 App. Div. 685.

136. Certificates of new nominations.

The certificate so made shall be subscribed and acknowledged by a majority of the members of the committee, or by such number as are authorized by this chapter to fill a vacancy, and the members of the committee subscribing the same shall make oath before the officer or officers before whom they shall severally acknowledge the execution of the said certificate that the matters therein stated are true to the best of their information and belief. Except in a case provided for in section one hundred and thirty-seven, the said certificate, or a certificate of nomination to fill a vacancy by the committee provided for in section ninety, shall be filed in the office in which the original certificate was filed, or in the office provided for in section ninety, as the case may be, as follows: if for a nomination for a city office to be filled at a city election held at a time different from the general election, or for a nomination for a village office or for a town office to be filled at a town meeting held at a time different from the general election, at least eight days before the election; if for an independent nomination for an office to be filled at a town meeting held at the time of a general election, not later than the second Tuesday before the election; if for a party nomination for an office to be filled at a town meeting held at the time of a general election, not later than the third Tuesday before the election; if for a party nomination to fill a vacancy in a nomination made by a state or judicial district convention, not later than the fifth Tuesday before the election; in any other case, not

later than twenty-five days before the election. Upon being so filed such certificate shall have the same force and effect as an original certificate of nomination. When a new certificate of nomination is filed with the secretary of state, he shall, in certifying the nomination to the various boards and officers, insert the name of the person who has been thus nominated, instead of that of the candidate nominated originally, or, if he has already sent forward his certificate, he shall forthwith certify to such board and other officers the name of the person newly nominated, and such other facts as are required to be stated in such certificate.

Derivation: Election Law, § 66, pt. of subd. 1, as amended by L. 1897, ch. 379, § 17; L. 1901, ch. 95, § 17; L. 1905, ch. 49, § 1, and ch. 643, § 17.

Amended by L. 1911, ch. 891; L. 1913, ch. 820; L. 1918, ch. 298; L. 1920, ch. 878; L. 1921, ch. 479, in effect May 2, 1921.

A nomination for public office becomes complete only upon filing the certificate of nomination with the proper officers, and then, and not before, does the person nominated become the candidate of a party for that office. Matter of O'Brien (1910), 140 App. Div. 467, 125 N. Y. Supp. 260.

§ 137. Death of candidate after printing of ballots, official pasters.

In case of the death of a candidate before election day, the vacancy may be filled by filing the proper certificate of nomination of a candidate to fill such vacancy, with the officer or board with whom the original certificate was filed, or by whom it was issued, and if filed with the secretary of state, the secretary of state shall immediately give the necessary notifications. If such certificate be filed or such notification from the secretary of state be received after the official ballots have been printed, it shall be the duty of the officer or board furnishing the official ballots to prepare and furnish to the inspectors of election in the election districts affected adhesive pasters containing the name of the candidate nominated to fill the vacancy. The pasters shall be of plain white paper, printed in plain black ink and in the same kind of type as that used in printing the names of the candidates upon the official ballots, and shall be of a size as large as and no larger than the space occupied upon the official ballot by the name of the candidate in whose place the candidate named upon the paster has been nominated. If, however, the deceased shall be the candidate of several parties or bodies, and they shall not all nominate the same candidate as his successor, a paster shall be prepared which shall contain the entire matter to be contained in the section on which such deceased candidate's name appears, and shall be pasted over the whole section and shall supersede it.

Whenever such pasters are provided, the officer or board furnishing them shall certify to the inspectors of election in the election. district affected by the vacancy, the name of the original candidate, the name of the new nominee, the title of the office for which the

nomination is made, and the name of the political party or inde pendent body making the nomination, and shall state the number of pasters furnished which number shall be equal to the number of official ballots furnished for such district. Upon the delivery of said pasters, the inspectors of election shall sign a receipt for the same, which receipt shall be retained by the officer or board furnishing the pasters, and shall be part of the record of his or their office. The inspectors shall deliver the pasters to the ballot clerks, who are required to affix one of such pasters in the proper place and in a proper manner upon each official ballot before said ballot shall be delivered to a voter. When so affixed to the official ballot, the pasters shall be part of the official ballot. The ballot clerks shall include in their statement of ballots a statement showing the number of pasters received by them, the number of pasters affixed to official ballots and the number of unused pasters returned by them, the unused pasters to be inclosed in the package of ballots not delivered to voters.

The use of any paster upon the official ballot otherwise than as herein provided is hereby declared a felony, punishable by imprisonment in a state prison for not less than one nor more than five years.

Derivation: Election Law, § 66, subd. 2.

Amended by L. 1911, ch. 891; L. 1913, ch. 821; L. 1921, ch. 479, in effect May 2, 1921.

155. Form and contents of register outside of a city of over one million inhabitants.

156. Form and contents of register in a city of over one million inhabitants.

156-a. Provisions applicable to registers in all election districts where registration is required to be personal.

157. Preparation and distribution of registry lists; investigation of false registration.

158. Registration in cities and in villages of five thousand inhabitants. 159. Registration elsewhere.

160. Registration for other than general elections.

161. Registration for town or village elections.

162. Qualifications of voters.

163. Gaining or losing a residence.

164. Illiterate and disabled voters.

165. Change of residence within election district.
166. Registration days not holidays.
167. Preparation of challenge affidavits.
168. Form of challenge affidavits.

169. Challenging applicants for registration.
170. Investigation into truth of affidavits.
171. Duplicate book of challenge affidavits.
172. Disposition of challenge affidavits.
173. Entry requiring challenge by inspectors.
174. Production of naturalization papers.
174-a. Proof of citizenship by marriage.
175. Persons excluded from the suffrage.

176. Certification of register.

177. Making up the registers; custody thereof after registration. 178. Custody and filing of registers after registration in cities of first class.

179. Certifying changes in registers.

180. Custody of registers after election.

181. Certifying number of registered electors.

182. Delivery of blank books for registration and enrollment; certifi cates and instructions.

182-a. Special instructions to voters to be prepared for the year nineteen hundred and fourteen.

183. Delivery of previous registers to inspectors.

184. Penalties.

1. Except as otherwise herein provided, before every general election, the board of inspectors for each election district in every city, and in villages having five thousand inhabitants or more shall hold four meetings for the registration of the electors thereof, at the place designated therefor, to be known respectively as the first, second, third and fourth meetings, for registration. The said meetings shall be held on the fourth Friday, fourth Saturday and the third Friday and third Saturday before such election. Each meeting shall begin at seven o'clock in the forenoon, and continue until ten o'clock in the evening. In all election districts other than in cities or villages having five thousand inhabitants or more, the board of inspectors of election for each such election district shall hold two meetings for the registration of voters thereof, at the places designated therefor, before each general election, namely, on the fourth and third Saturdays before the election, to be known respectively as the first and second meetings for registration, which meetings shall begin at seven o'clock in the forenoon and continue until ten o'clock in the evening.

2. In a city having more than one million inhabitants, the board of inspec tors for each election district shall hold six meetings for the registration of the electors thereof before each general election. Such meetings shall begin on Monday the twenty-ninth day before such election and continue on each day of the same week up to and including Satuday. On each day except Saturday the meeting shall begin at five o'clock in the evening, and on Saturday at seven o'clock in the morning. All such meetings shall continue until half-past ten o'clock in the evening.

Derivation: Election Law, pt. of § 30, as amended by L. 1898, ch. 335, § 4, L. 1901, ch. 300, § 1; L. 1905, ch. 675, § 2.

Amended by L. 1911, ch. 649; L. 1913, ch. 800; L. 1915, ch. 678; L. 1918, ch. 323, in effect Apr. 24, 1918.

Consolidators' note.-The registration of voters was provided for by statute earlier than their enrollment in parties under L. 1898, ch. 179, and we accordingly find the words "enrollment and "enrolled " occasionally used in the sense of "registration" and "registered." In view of their subsequent use in the different sense, "enrollment" and the like have been changed throughout this article to "registration" and the like.

Cross-References.-Requirement of registration to be completed at least ten days before each election. Constitution, art. 2, § 4 (part 2, post). Registration for town or village elections. Constitution, art. 2, § 4, and Election Law, § 161. Registration days not holidays. Election Law, § 166. Misconduct of registry officers. Penal Law. § 753 (part 5, post).

Constitutionality of registration laws. See People ex rel. Stapleton v. Bell, (1890) 119 N. Y. 175.

Hours of closing.-The statutory provision as to closing the meetings for registration at a certain hour refers to the closing of the place of registration, and inspectors should not refuse to register those who are present within the place of registration at the time of closing. People ex rel. Cass v. Hosmer, (1885) 2 How. Pr. (N. S.) 472. See also Report of Atty.-Gen., (1904) 448. Inspectors may adjourn the meeting during designated hours. Report of Atty. Gen., (1902) 322.

§ 151. Additional meetings for registration.

If a special election be called by the governor or a special or other election be appointed by or pursuant to law for a time other than the day of general election, the inspectors of election of the various election districts in the political subdivision for which such special or other election is to be held shall meet in their re spective districts on the second Saturday preceding such election, from eight o'clock in the forenoon to ten o'clock in the evening, for the purpose of revising and correcting the register of voters as provided in this article. This section shall not apply to cities of one million inhabitants or over.

Former § 151 repealed by L. 1911, ch. 649. See Election Law, § 153. New § 151 added by L. 1916, ch. 537; amended by L. 1920, ch. 876, in effect May 21, 1920.

§ 151-a. Meetings for registration for special elections in the year nineteen hundred and eighteen.

Added by L. 1918, ch. 7, in effect Feb. 19, 1918. See part 1A, Special Provisions of Election Law for Year 1918, post p. 288-c.

§ 152. Conduct of meetings; watchers.

No inspector shall on any day for registration be absent during the hours fixed for registering the names of electors. Each political party or independent body duly filing or entitled to file certificates of nominations of candidates for offices to be filled at any