Order unanimously reversed on the law, without costs and application granted to invalidate and declare void respondent's nominating petitions (see Matter of Goodman v. Board of Elections of City of N.Y., 40 A.D.2d 663, affd. 31 N.Y.2d 763; Matter of Eaton v. Monahan, 72 Misc.2d 676). In passing we call to the attention of the Legislature the need to amend the form in subdivision 3 of section 138 of the Election Law to indicate clearly that the "witness" must not only be a "qualified voter of the state" but one who is also "qualified to sign the petition." (Order entered Oct. 17, 1973.)