N.Y. Election Law § 6-206: Independent nominations; petition, form

§ 6-206. Independent nominations; petition, form. 1. Independent

nominations for elective village offices shall be made by a petition

containing the signatures in ink of residents of the village who are

registered with the appropriate county board of elections at the time of

signing. The sheets of such a petition shall be numbered. A signer need

not himself or herself fill in the date or residence. Each sheet of such

petition must be in substantially the following form and shall contain

all the information required therein:

VILLAGE INDEPENDENT NOMINATING PETITION

I, the undersigned, do hereby state that I am a registered voter of

the Village of......., that my present place of residence is truly

stated opposite my signature, and I do hereby nominate the following

named person (or persons) as a candidate (or as candidates) for election

to public office (or public offices) to be voted for at the election to

be held on the.....day of........, 20....., and that I select the

name........... (fill in name) as the name of the independent body

making the nomination (or nominations) and.....(fill in emblem) as the

emblem of such body.

Name of

Candidate Public Office Term Residence

(include district

number, if applicable)

............. .................... .... ...............

............. .................... .... ...............

I do hereby appoint (insert names and addresses of at least three

persons, all of whom shall be registered voters within such village) as

a committee to fill vacancies in accordance with the provisions of the

election law.

In witness whereof, I have signed this petition on the day and year

stated before my signature.

Date Signature Residence

.......... ................. ...................

.......... ................. ...................

STATEMENT OF WITNESS

I, ..................... state that I am a duly qualified voter of the

State of New York. I now reside at ................ (residence address).

Each of the voters whose names are subscribed to this petition sheet

containing ................ (fill in number) signatures, subscribed his

or her name in my presence.

I understand that this statement will be accepted for all purposes as

the equivalent of an affidavit and, if it contains a material false

statement, shall subject me to the same penalties as if I had been duly

sworn.

....................... ..............................

Date Signature of witness

2. In lieu of the signed statement of a witness who is a duly

qualified voter of the state qualified to sign the petition, the

following statement signed by a notary public shall be accepted:

On the dates above indicated before me personally came each of the

voters whose signatures appear on this petition sheet

containing ............. (fill in number) signatures, who signed same in

my presence and who, being by me duly sworn, each for himself or

herself, said that the foregoing statement made and subscribed by him or

her, was true.

Date:..................

...............................

(Signature and official title

of officer administering oath)

Page No........

3. The name selected for the independent body making the nomination

shall be in the English language and shall not include the name or part

of the name, or an abbreviation of the name or of part of the name, of a

then existing party. The name and emblem shown upon such petition shall

conform to the requirements of this chapter, relating to party names and

party emblems. If such a petition shall not show an emblem, or the

petition shall fail to select a name for such independent body, the

board of elections shall select an emblem or name, or both to

distinguish the candidates nominated thereby.

4. An independent nominating petition for a village office must be

signed by at least one hundred voters in villages containing a

population of five thousand or more; by at least seventy-five voters in

villages containing a population of three thousand and less than five

thousand; and by at least fifty voters in villages containing a

population of one thousand and less than three thousand; and in villages

containing a population of less than one thousand by voters numbering at

least five per centum of the number of voters at the last regular

village election. For the purposes of this section, the population of a

village shall be determined by the last federal decennial or local

special population census federally supervised pursuant to section

twenty of the general municipal law.