blem for that purpose, and such device or emblem so chosen shall be used to distinguish all candidates of that party or independent body throughout the state, whether such candidates are nominated for state or local offices; and if any certificate of nomination of candidates to be voted for by the voters of a district less than the entire state shall be filed with the secretary of state, or with any public officer pursuant to this article, by a political party or independent body which has made no nomination of candidates for offices to be filled by the voters of the entire state, and such certificate of nomination shall omit to designate a device or emblem to distinguish the candidates nominated in such certificate, it shall be the duty of the secretary of state or other public officer with whom such certificate of nomination is filed to select a device or emblem to represent the candidates named in such certificate of nomination.

§ 127. Places of filing certificates of nomination. Certificates of nomination of candidates for office to be filled by the voters of the entire state, or of any division or district greater than a county, shall be filed with the secretary of state, except that each certificate of nomination of a candidate for member of assembly for the assembly district composing the counties of Fulton and Hamilton shall be filed in the office of the county clerk of Fulton county, and a copy thereof certified by the county clerk of Fulton county shall be filed in the office of the county clerk of Hamilton county, so long as the said counties constitute one assembly district, and except that certificates of nomination of candidates for offices to be filled only by the voters or a portion of the voters of the city of New York shall be filed with the board of elections of the city of New York.

Certificates of nomination of candidates for offices to be filled only by the votes of voters, part of whom are of New York city and part of whom are of a county not wholly within the city of New York, shall be filed with the clerk of such county and in the office of the board of elections of said city. Certificates of nomination of candidates for offices of any other city, except the city of Buffalo, to be elected at the same time at which a general election is held shall be filed with the clerk of the county in which such city is located. Certificates of nomination of candidates for offices of any other city, except the city of Buffalo, or for officers of a village or town to be elected at a different time from a general election shall be filed with the clerk of such city, village or town, respectively.

In towns in which town meetings are held at the time of general elections, certificates of nomination of candidates for town offices.

shall be in duplicate, one of which shall be filed with the town clerk of the town in which such officers are to be voted for, and the other with the clerk of the county in which such town is located, except that in the county of Erie all such duplicate certificates of nomination shall be filed, one with the commissioner of elections and one with the clerk of the town in which such officers are to be voted for. All other certificates of nomination, except in the county of Erie, shall be filed with the clerk of the county in which the candidates so nominated are to be voted for, and in the county of Erie all such certificates, including certificates for the nomination of ward and city officers in the city of Buffalo, shall be filed with the commissioner of elections.

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All certificates and corrected certificates of nomination, all objections to such certificates and all declinations of nomination are hereby declared to be public records; and it shall be the duty of every officer or board to exhibit without delay. every such paper to any person who shall request to see the same. It shall also be the duty of each such officer or board to keep a book which shall be open to public inspection, in which shall be correctly recorded the names of all candidates nominated by certificates filed in the office of such officer or board or certified thereto, the title of the office for which any such nomination is made, the political or other name and emblem of the politi cal party or independent body making such nomination, and in which shall also be stated all declinations of nomination or objections to nominations, and the time of filing each of the said papers.

§ 128. Times of filing certificates of nomination. The different certificates of nomination shall be filed within the following periods before the election for which the nominations 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 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 twenty-five 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 two hundred and ninety-two of this chapter, the certificates of nomination for the office or offices to be filled at such special election shall be filed with the proper officers or boards not less than fifteen days before such special election.

§ 129. 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 is 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 voters 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.

§ 130. 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 nor 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 fac simile of the emblems or devices selected and designated as prescribed by this article, 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.

§ 131. 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 fac simile of the emblem or device of each political party or independent body nominating candidates to be voted for by the voters of the respective towns and wards. Such lists shall at least three days before the day of election be conspicuously 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 lists shall be so posted at each polling place.

§ 132. 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.

The name of a

§ 133. Declination of nomination. 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 election. 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