IN RE: Clarence L. CARNAHAN (2007)

 Supreme Court properly dismissed the petition seeking, inter alia, to direct respondent Commissioners of the Board of Elections to place petitioner's name on the ballot for the general election for the office of Niagara District Councilman as the candidate of the “Savages” party.   We affirm.   It is undisputed that petitioner failed to file a timely certificate of acceptance, and that failure renders his designation “null and void” (Election Law § 6-146[1];  see Matter of Rhodes v. Salerno, 90 A.D.2d 587, 456 N.Y.S.2d 156, affd. 57 N.Y.2d 885, 456 N.Y.S.2d 45, 442 N.E.2d 443).   Contrary to the contention of petitioner, Election Law § 6-146(1) does not violate his constitutional right to equal protection.   The requirement that a candidate nominated by an independent body file a certificate of acceptance imposes only a minimal burden on independent candidates and small political parties and is rationally related to the State's interest in “preventing election fraud” (Unity Party v. Wallace, 707 F.2d 59, 63).   With respect to the contention of petitioner that his equal protection rights are violated in that judicial candidates are not required to file a certificate of acceptance, we note that “judges and judicial candidates are not similarly situated” with nonjudicial candidates (Matter of Spargo v. New York State Commn. on Jud. Conduct, 23 A.D.3d 808, 809, 803 N.Y.S.2d 742).

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM: