# King v. Van Wart

> New York Supreme Court · August 27, 1971 · 67 Misc. 2d 592

URL: https://www.frixlaw.com/law-library/cases/6192649

## Case

- **Full name:** In the Matter of Adolph I. King v. William J. Van Wart, Constituting the Board of Elections of the County of Westchester
- **Court:** New York Supreme Court
- **Decided:** August 27, 1971
- **Citations:** 67 Misc. 2d 592; 324 N.Y.S.2d 835; 1971 N.Y. Misc. LEXIS 1335
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Edwardgorman
- **Judges:** Edward, Gorman
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6192649

## Opinion text

Edward M. O’Gorman, J.
The petitioner has filed a petition containing 53 names for opportunity to ballot in a primary election pursuant to section 148 of the Election Law.
This petition was rejected by the Board of Elections, on the ground that two of the sheets of the petition (Nos. 4 and 9) containing a total of 8 signatures were invalid because the statement of the subscribing witness failed to state the total number of signers on each of the above sheets. The elimination of these 8 signatures reduces the total number of valid signatures to 45, 4 less than required.
I find that the action of the Board of Elections in rejecting this petition must be affirmed. The requirement that the number of signatures be inserted in the statement of the subscribing witness is one of the major safeguards against fraud contained on the face of each sheet. It is designed to detect and prevent the unauthorized placement of signatures on the sheets of a petition after the same has been attested to by the subscribing witness. Petitioner’s failure in this regard is not a mere irregularity, and cannot be disregarded. (See Matter of O’Brien v. Meisser, 14 A D 2d 600, affd. 10 N Y 2d 799.)
The relief sought by petitioner is denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6192649. Public record. Not legal advice.