IN THE MATTER OF LOUIS F. DECICCO ET AL., RESPONDENTS, v. CHEMUNG COUNTY
  BOARD OF ELECTIONS, RESPONDENT, AND DANIEL J. CHAPMAN, ET AL., APPELLANTS.

    93 N.Y.2d 1008 (1999).
    August 25, 1999

   3 No. 157

   (99 NY Int. 0122)
   Decided August 25, 1999
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   This opinion is uncorrected and subject to revision before publication
   in the New York Reports.
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   Christopher A. Barton, for appellants.
   Thomas J. Spargo, for respondents.

   MEMORANDUM:

   The order of the Appellate Division should be affirmed,

   without costs.

   In this case supporters of John Trice simultaneouslycirculated a
   petition designating him as Conservative Party candidate for District
   Attorney of Chemung County and a petition for an opportunity to ballot
   for the Conservative nomination for that office. Both petitions
   contained the same signatures and were executed on the same date. The
   designating petition was invalidated for failure to receive the
   required certificate of authorization from the Conservative Party (
   see, Election Law § 6-120(3)).

   The Appellate Division was correct in ruling that the petition for an
   opportunity to ballot was also invalid under Election Law
   6-134(3) inasmuch as all of the voters signing that petition had also
   signed the designating petition on the same date.

   Election Law § 6-134(3) provides that if on the same date a voter
   signs "any petition or petitions designating a greater number of
   candidates for public office * * * than the number of persons to be
   elected thereto (the voter's signatures) * * * shall not be counted."
   As it is clear that the opportunity to ballot necessarily implies a
   vote in the primary for someone other than the person named in the
   designating petition ( see, Election Law § 8-308(2)), the Appellate