A3 CORNELL UNIVERSITY LIBRARY ..^^».. .£°"1"" Unlveralty Ubrary JK1963.N5 A3 1905 The election law of the state of New Yor olln Hill nil iiiiiiiiiiiiiiiiii 3 1924 030 480 861 The original of tiiis book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/cletails/cu31924030480861 THE ELECTION LAW OF THE STATE OF NEW YORK WITH NOTES AND INSTRUCTIONS INCLUDING Primary Election Law, Town Enrollment Act and Metropolitan Elections District Law ^ith Amendments to and including tbe LEGISLATIVE SESSION OF J 905 PKpa.red tinder tlie direction of JOHN F. O'BRIEN Secretary of State ALBANY BRANDOW PRINTING COMPANY State Legislative Psinters 1903 Political Calendar, General Election, 1905. Election day, Tuesday, November 7. Polls open 6 a. m.^ polls close 5 p. M. Annual primary day, seventh Tuesday before the day of general election — September 19. In a county having within its limits a city of the first class there is an additional primary day on the fifth Tuesday before general election day — October 3. In such city the first primary election will not be held in case a State or judicial convention is not called for the nomination of a State officer or judge of the Supreme Court. See Primary Election Law. § 4, subd. 1. Registration days in all cities, except New York, and in villages ot five thousand or more inhabitants, as follows: First day, Friday, October 13, 8 a. m. to 9 p. m. Second day, Saturday, October 14, 8 a. m. to 9 p. m. Third day, Friday, October 20, 8 a. m. to 9 p. m. Fourth day, Saturday, October 21, 8 a. m. to 9 p. m. Registration days in New York city, as follows ; First day, Monday, October 9, 7 a. m. to 10 p. m. Second day, Tuesday, October 10, 7 a. m. to 10 p, m. - Third day, Saturday, October 14, 7 a. m. to 10 i?. m. Fourth day, Monday, October 16, 7 a. m. to 10 p. m. Registration in election districts other than in cities or vil- lages of five thousand inhabitants or over, are : First day, Saturday, October 14, from 9 a. m. to 9 p. m. Second day, Saturday, October 21, from 9 a. m. to 9 p. m. Designation of polling places, except in the city of Buffalo, Tuesday, September 5 ; in the city of Buffalo, August 7. List of candidates for election officers in cities to be filed not later than July 1. Appointment of election officers in cities on or before Septem- ber 1. Publication of polling places and election district boundaries in cities, except New York, October 12, 13, 14, 19, 20, 21, Novem- iv Political Calendar, General Election, 1905. ber 6 and 7. In New York city, October 8, 9, 10, 13, 14, 15, 16, November 6 and 7. Certificates of nominations to be filed with Secretary of State: Party certificates, September 28 to October 9. Independent certificates, September 28 to October 13. To be filed witli county or city clerk, board of elections of New York city and commissioner of elections of Erie county. Party certificates, October 3 to October 13. Independent certificates, October 3 to October 18. Where town meetings are held on general election day, certifi- cates of nomination for town offices shall be filed with the town and county clerks, within the time required for the filing of cer- tificates of nominations with the county clerk ; except that in the county of Erie such certificates shall be filed with the commis- sioner of elections and the town clerks not less than twenty nor more than thirty days before the day of election. Certification of nominations by secretary of state, October 24. Publication of nominations in newspapers not later than November 1. Lists of candidates to be posted by town clerk or alderman on or before November 4. Declination of party nomination to be filed with secretary of state not later than October 13. Of independent nomination not later than October 18. Declination of party nomination to be filed with county or city clerk, board of elections of the city of New York, or commissioner of elections of the county of Erie, not later than October 18. Of independent nomination not later than October 20. Objection to nomination certificate must be made within three days after the filing thereof. Vacancies in nominations caused by declination or disqualifica- tion must be filled by filing a certificate with secretary of state county clerk, city clerk, board of elections of the city of New York, or commissioner of elections of the county of Erie on or before October 28. When a candidate dies after the official ballots have been printed, the vacancy can be filled by filing the proper certificate, and the officer providing the official ballot must then provide official adhesive pasters bearing the name of the new nominee The pasters are affixed to the ballots by the ballot clerks before delivery to the electors. TABLE OF CONTENTS. The Election Law: ARTICLE I. Times, Places, Notices, Officbbs and Expenses op Elections, PAGE. Section 1. Short title 2 2. Date of general election 2 3. Time of opening and closing polls 2 4. Filling of vacancies in elective offices 3 5. Notice of elections 3 6. Notice of submission of proposed constitutional amendments or other propositions or questions 4 7. Publication of concurrent resolutions,, proposed constitutional amendments and other propositions 5 8. Creation, division and alteration of election districts 6 9. Maps and certificates of boundaries of election districts .... 9 10. Designation of places for registry and voting, publication of same ; and provision of furniture therefor 9 11. Election officers; designation, number and qualifications.... 12 12. Appointment and qualification of election officers in cities. . 20 13. Election officers in towns 24 14. Organization of boards of inspectors; supplying vacancies and absences 26 15. Preservation of order by inspectors 28 16. Ballot boxes 29 17. Voting booths and guard-rails 29 18. Payment of election expenses 30 19. Delivery of election laws to clerks, boards and election officers , 32 ARTICLE II. Registration of Electors. Section 30. Meetings of registration 34 31. Adding and erasing names on register 35 32. Forms for registration 37 33. Method of registration 41 34. General provisions 43 V vi Table of Coi^tents. PAGE. Section 35. Certification and custody of register 53 36. Delivery of blank books for registration, certificates and instructions ^^ AUTICLB III. Primaries, Conventions and Nominations. Kection 50. Definitions of primary and convention 59 51. Notice of primary 59 52. Organization and conduct of primaries 60 53. Qualifications of voters at primaries 61 54. Duties of chairman of primary 61 55. Watchers and canvass of votes at primaries 61 56. Party nominations 61 57. Independent nominations 65 58. Places of filing certificates of nominations 68 59. Times of filing certificates of nominations 69 60. Certification of nominations by secretary of state 70 61. Publication of nominations 70 62. Lists for town clerks and aldermen 72 63. Posting town and village nominations 72 64. Declination of nomination 73 65. Objections to certificates of nominations 74 66. Filling vacancies in nominations 74 ARTICLE V. Official and Sample Ballots, Instruction Cards and Stationery. Section 80. Oificial ballots for elections 77 81. Form of general ballot 78 82. Form of ballot for questions submitted 82 83. Sample ballots, instruction cards and stationery 84 84. Blank forms for election officers 85 85. Number of official ballots 93 86. Officers providing ballots and stationery 93 87. Distribution of ballots and stationery 95 88. Errors and omissions in ballots 96 89. Unofficial ballots 97 ARTICLE V. Conduct op Elections and Canvass of Votes. Section 100. Opening the polls gg 101. Persons within the guard-rail 99 102. Watchers ; challengers ; electioneering . . , 100 Table of Contents. vii PAGE. Section 103. General duties of election officers lOi 104. Delivery of ballots to electors 104 105. Preparation of ballots by electors 106 106. Manner of voting 103 107. When unofficial ballots may be voted 109 108. Challenge and oaths 109 109. Time allowed employes to vote 112 110. Method of canvass 113 111. Original statement of canvass and certified copies 118 112. Proclamation of result 112 113 Delivery and filing of papers relating to the election. 121 114. Judicial investigation of ballots 123 ARTICLE VI. County and State Board op Canvassers. Section 130. Organization of county board of canvassers 124 131. Production of original statements and copies thereof 125 132. Correction of clerical errors in election district statements. . 126 133. Correction in state or county board of canvassers' state- ments 127 134. Proceeding of state board of canvassers upon corrected statement 127 135. Statements of canvass by county boards 129 136. Decisions of county boards as to persons elected 136 137. Transmission of statements of county board to secretary of state 133 138. Organization and duties of board of canvassers of the city of New York 134 139. Organization- of state board of canvassers 136 140. Canvass by state board 136 141. Certificates of election 137 142. Record in office of secretary of state of county officers elected 137 ARTICLE VIL Voting Machines. Section 160. State voting machine commissioners 138 161. Examination of Voting machine 139 162. Requirements of voting machine 139 163. Adoption of voting machine 140 164. Experimental use of voting machine 140 165. Providing machines 141 viii Table op Contents. PAGE. Section 1G6. Payment of machines 141 167. Form of ballots 141 168. Sample ballots 142 169. Number of olficial ballots 142 170. Distribution of ballots and stationery 142 171. Tally sheets 142 172. Unofficial ballots 142 173. Opening the polls; independent ballots 143 174. Location of machines; guard rail 144 175. Manner of voting 144 176. Instructing voters 145 177. Disabled voters 145 178. Canvass of vote and proclamation or result 145 179. Disposition of independent ballots; and preserving the record of the machine 145 180. Application of other articles and penal code 146 181. When ballot clerks not to be elected 146 182. Number of voters in election district 146 183. Definitions 147 184. Repeal of laws 147 ARTICLE VIII. Electors of President and Vice-President and Representatives in Congress. Section 190. Representatives in congress 148 Iffl. Electors of president and vice-president 149 192. Meeting and organization of electoral college 149 193. Secretary of state to furnish list of electors 149 194. Vote of the electors l^o 195. Appointment of messenger 150 196. Other lists to be furnished igg 197. Compensation of electors ing 198. Laws repealed jri Schedule of laws repealed • ISl-l'i'? Primary Election Law (L. 1898, chap. 179) y^i Town Enrollment Act (L. 1902, chap. 195) igg Metropolitan Elections District Law (L. 1905, chap. 689) ! ' '^ 204 Instruction for guidance of election officers at general elections. ......... 215 The Election Law. CHAP. 909. AN ACT in relation to the elections, constituting chapter six of the general laws. Became a law May 27, 1896, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented m Senate and Assembly, do enact as follows: CHAPTER VI OF THE GENERAL LAWS. The Election Law. Article I. Times, places, notices, ofiacers and expenses of elections. (Sec- tions 1 to 19.) II. Registration of electors. (Sections 30 to 36.) III. Primaries, conventions and nominations. (Sections 50 to 66.) IV. Official and sample ballots, instruction cards and stationery. (Sections 80 to 89.) V. The conduct of elections. (Sections 100 to 114.) VI. County and state boards of canvassers. (Sections 130 to 142.) VII. Voting machines. (Sections 160 to 184.) VIII. Electors of president and viae-president and representatives in congress. (Sections 190 to 198.) ARTICLE I. Times, Places, Notices, Officers and Expenses of Elections. Section 1. Short title. 2. Date of general election. 3. Time of opening and closing polls. 4. Filling of vacancies in elective offices. 5. Notices of elections. 6. Notice of submission of proposed constitutional amendments or other propositions or questions. 7. Publication of concurrent resolutions, proposed constitutional amendments^ s^nd other propositions, 2 The Election Law. §§ 1; 2, 3 Section 8. Creation, division and alteration of election districts. 9. Maps and certificates of boundaries of election districts. 10. Designation of places for registry and voting, publication of same; and provision of furniture therefor. 11. Election officers; designation, number and qualifications. 12. Appointment of election officers in cities. 13. Election officers in towns. 14. Organization of boards of inspectors; supplying vacancies and absences. 15. Preservation of order by inspectors. 16. Ballot boxes. 17. Voting booths and guard-rails. 18. Payment of election expenses. 19. Delivery of election laws to clerks, boards and election officers. Section 1. Short title. — This chapter shall be known as the election law. § 2. Date of general election. — A general election shall be held annually on the Tuesday next succeeding the first Monday in November. § 3. Time of opening and closing polls. — The polls of every general election, and, unless otherwise provided by law, of every other election shall be opened at six o'clock in the forenoon and shall close at five o'clock in the afternoon. There shall be no adjournment or intermission until the polls are closed. The closing of the polls shall be deemed to mean the close of the delivery of oflScial ballots to* electors, and the electors entitled to vote who have lawfully begun the act of voting before the time fixed for the close of the polls, shall be allowed to complete the act. It shall not be lawful for any corporation, association, co- partnership or person, to sell, offer or expose for sale, or give away, any liquor on the day of a general or special election, within one-quarter of a mile of any voting place, while the polls for such election shall be open. A violation of this provision shall be deemed a misdemeanor. [Thus amended "by chap. 335, L. 1898, and chap. 654, L. 1901.) For duties at opening of polls, see § 100, and closing of polls, see § 110, §§ 4, 5 Times, Places, Noa?icES, etc., op Elections. 3 § 4. Filling vacancies in elective offices. — A vacancy occur- ring before October fifteenth in any year of any oflSce authorized to be filled at a general election, shall be filled at the general election held next thereafter, unless otherwise provided by the constitution, or unless previously filled at a special election. Upon the failure to elect to any office, except that of governor or lieutenant-governor, at a general or special election, at which such oflBce is authorized to be filled, or upon the death or dis- qualification of a person elected to oflBce before the commence- ment of his official term ; or upon the occurrence of a vacancy in any elective ofiSce which can not be filled by appointment for a period extending to or beyond the next general election at which a person may be elected thereto, the governor shall make proclar mation of a special election to fill such ofllce, specifying the dis- trict or county in which the election is to be held, and the day thereof, which shall be not less than twenty nor more than forty days from the date of the proclamation. A special election shall not be held to fill a vacancy in the oflSce of a representative in con- gress unless such vacancy occurs on or before the first day of July of the last year of the term of office, or unless it occurs thereafter and a special session of congress is called to meet before the next general election, or be called after October fourteenth of such year ; nor to fill a vacancy in the office of state senator, unless the vacancy occurs before the first day of April of the last year of the term of office ; nor to fill a vacancy in the office of a member of assembly, unless occurring before the first day of April in any year, unless the vacancy occurs in either such office of senator or member of assembly after such first day of April and a special session of the legislature be called to meet between such first day of April as-d the next general election or be called after October fourteenth in suoh year. If a special election to fill an office shall not be held as required by law, the office shall be filled at the next general election. § 5. Notices of election. — The secretary of state shall, at least three months before each general election, make and transmit to the county clerk of each county, except the county clerk of 4 1'he Election Law. i ^ the county of Erie, and to the board of elections of the city of New York, and to the commissioner of elections of the county of Erie, a notice under his hand and oflScial seal, stating the day upon which such election shall be' held, and stating each oflScer, except city, village and town officers, who may be lawfully voted for at such election by the electors of such county or any part thereof. If any such officer is to be elected to fill a vacancy, the notice shall so state. The secretary of state shall forthwith, upon the filing in his office of the governor's proclamation order- ing a special election, make and transmit to each county clerk, except the county clerk of the county of Erie, and to the board of elections of the city of New York, and to the commissioner of elections of the county of Erie, a like notice of the officers to be foted for at such special election in such county or city or any part thereof, and cause such proclamation to be published in the newspapers published! in such county having large circulation therein, at least once a week until such election shall be held. Each county clerk and in the county of Erie the commissioner of elections, shall forthwith, upon the receipt of either such notice, file and record it in his office, and shall cause a copy of such notice to be published once in each week until the election therein specified in the newspapers designated to publish elec- tion notices. He shall also publish, as a part of such notice, each city, village and town officer. who may lawfully be voted for at such election by the electors of such county or any part thereof; and the city, village and town clerks of each county shall, at least three months before each general election, make and transmit to the county clerk of the county, except in the county of Erie, and in the county of Erie to the commissioner of elections, a notice under their respective hands and official seals, stating each city, village or town officer to be voted for at such election. {Thus amended ly L. 1901, chaps. 95 and 232, and L. 1905, chap. 643.) § 6. Notice of submission of proposed constitutional amend- ments or other propositions or questions. — Every amendment to § T Times, Places, Notices, etc., op Elections. 5 the constitution proposed by the legislature, unless otherwise provided by law, shall be submitted to the people for approval at the next general election, after action by the legislature in accord- ance with the constitution; and whenever any such proposed amendment to the constitution or other proposition, or question provided by law to be submitted to a popular vote, shall be sub- mitted to the people for their approval, the secretary of state shall include in his notice to the county clerk and the board of elections of the city of New York, and the commissioner of elec- tions of the county of Erie, «f the general election, a copy of such amendment, propositioa or question, and if more than one such amendment, proposition or question is to be voted upon at such election, such amendments, propositions or questions, re- spectively, shall be separately and consecutively numbered. If such amendment, proposition or question is to be submitted at a special election, the secretary of state shall, at least twenty days before the election, make and transmit to each county clerk and the board of elections of the city of New York and the com- missioner of elections of the county of Erie, a like notice. Each county clerk and the said commissioner of elections shall, forth- with upon the receipt of such notice, file and record it in his office, and ^all cause a copy of such notice to be published once a week until the election therein specified, in the newspapers designated to publish election notices. (TTms amended hy L. 1901, chap. 95, and L. 1905, chap. 643.) § 7. Publication of concurrent resolutions, proposed consti- tutional amendments and other propositions. — The secretary of state shall cause each concurrent resolution of the two houses of the legislature, agreeing to a proposed amendment to the con- stitution, which is referred to the legislature to be chosen at the next general election of senators, to be published once a week for three months next preceding such election, in two newspapers published in each county, representing the two political parties polling the highest number of votes at the then last preceding general election, and in one additional newspaper published in each county for every one hundred thousand people in such 6 The Election Law. § 8 county, as shown by the then last preceding federal or state enumeration. Such additional newspapers shall be selected by the secretary of state with reference to making such publication in newspapers having the largest circulation in the county in which they are published. If such resolution does not state that such proposed amendment is so referred to such legisla- ture, the secretary of state shall publish, in connection with the publication of such concurrent resolution, a statement that such amendment is referred to the legislature to be chosen at the next general election. The secretary of state shall cause such proposed) amendment to the constitution or other proposition or question, which is by law to be submitted to the electors of the state at a general or special election, to be published for a like period before such election in newspapers selected in like manner, together with a brief statement of the law or proceed- ings authorizing such submission, the fact that such submis- sion will be made and the reading form in which it is to be sub- mitted. If such proposed amendment or other proposition or question i^ to be submitted at a special election, to be held less than three months from the time of appointing it, the first publi- cation in each newspaper shall be made as soon as practicable after such appointment, and shall continue once in each week to the time of the election. § 8. Creation, division and alteration of election districts. — Every town or ward of a city not subdivided into election dis- tricts shall be an election district. The town board of every town containing more than four hundred electors, and the common council of every city except New York and Buffalo, in which there shall be a ward containing more than four hundred electors, shall, on or before the first day of July in each year, whenever necessary so to do, divide such town or ward respectively into election districts, each of which shall be compact in form, wholly within the town or ward, and shall contain respectively as near as may be, four hundred electors, but no such ward or town shall be again divided into election districts until, at some general § 8 Times, Places, Notices, etc., of Elections. 7 election, the irumber of votes cast in one or more districts thereof shall exceed six hundred; and in such case the redivision shall apply only to the town or ward in which such district is situated. If any part of a city shall be within a town, the town board shall divide into election districts only that part of the town which is outside of the city. No election- district including any part of a city shall include any part of a town outside of a city. A town or ward of a city containing less than four hun- dred electors may, at least thirty days before the election or appointment of inspectors of election of such town or ward, be divided into election districts by the board or other body charged with such duty when, in the judgment of such board or body, the convenience of the electors shall be promoted thereby. The creation, division or alteration of an election district outside of a city shall jtake effect immediately after the next town meeting, and at such next town meeting inspectors of election shall be elected for each election district as constituted by such creation, division or alteration. If the creation, division or alteration of an electon district is rendered necessary by the creation, division or alteration of a town, or ward of a city, it shall take effect immediately, but a new town or ward shall not be created, and no new town or ward shall be subdivided into election districts between the first day of August of any year, and the day of the general election next thereafter. If inspectors are not elected or appointed for such district outside of a city before September the first next thereafter, the town board of the town shall ap- point four inspectors of election for such district. If a town shall include a city, or a portion of a city, only such election districts as are wholly outside of the city shall be deemed elec- tion districts of the town, except for the purpose of town meet- ings. The board of elections of the city of New York and in the city of Buffalo the commissioner of elections shall divide such city into election districts on or before the first day of July in any year whenever necessary so to do as herein pro- vided. The election districts existing pursuant to the provisions of law in the coviuties within the city of New Ygrk, shall con- 8 The Election Law. § 8 tinue with their present boundaries, so far as possible, until at some general or city election the number of registered electors therein shall exceed five hundred provided, however, that any election district containing less than seventy-five electors in such counties, made necessary "by the crossing of congressional lines with other political divisions, may be consolidated with con- tiguous election districts in any year when no representative in congress is to be voted for in such district. On or before the first day of July in every year the board of elections of the city of New York shall divide each election district of said city which contains more than five hundred electors, as shown by the registration of electors for the election of the preceding year, into two or more election districts. Such election districts so established in the city of New York shall not again be changed until at some general election the number of registe;red electors therein shall exceed five hundred, except where changes are made necessary by a change in the boundaries of congressional, senate, assembly or municipal court districts or ward lines, provided, however, that when the number of registered electors in any election district shall for two consecutive years, be less than two hundred and fifty, such district may be consolidated with contiguous election districts in the discretion of said board of elections. In that portion of the city of New York within the county of New York each election district shall be compact in form, entirely within an assembly district and numbered in consecutive order therein respectively. In that portion of the city of New York outside the county of New York each election district shall be compact in form, entirely within a ward and numbered in consecutive order therein respectively. Nq election district shall contain portions of two counties, or two senate or assembly districts or two wards. Each town and each part of a town included in the city of New York, as constituted by the Greater New York charter, shall be respectively deemed to be a ward within the meaning of this section. {Thus amended ly L. 1901, chap. 95 ; It. 1903, chap. 644, and L, 1905, chaps. 643 and 675.) §8 9, 10 Times, Places, Notices, etc., op Elections. 9 § 9. Maps and certificates of boundaries of election districts. — When a ward of a. city or an assembly district within, a city shall be divided into,, two or more election districts, the oflScers or board creating, dividing or altering such election districts, shall forthwith make a map or description of such division, defining it hj known boundaries, and cause such map or description to be kept open for public inspection in the office of the city clerk, and cause copies thereof to be posted not less than ten days prior to the first day of registration in each year, in at least ten of the most public places in each election district so created, divided or altered, and shall, prior to every election, furnish copies of such map or description to the inspectors of election in each election district of such ward or assembly district. The copies furnished to the inspectors of election shall have printed on each or affixed to each in some secure way the list of places designated pursuant to section ten as places at which the meetings for the registration of electors^and the election shall be held during the year within such ward or assembly district. The officers creating, dividing or altering an election district in a town shall forth- with make a certificate or map thereof, exhibiting the districts so created, divided or altered, and their numbers respectively, and file the same in the county clerk's office except in the county of Erie, and in the county of Erie in the office of the commis- sioner of elections, and a copy thereof in the town clerk's office, and cause copies of the same to be posted in at least five of the most public places in each election, district of such town, and the county clerk or commissioner of elections as the case may be, shall, prior to every general election, furnish copies of such maps or certificates to the inspectors of election in each election district of such town, provided such election district is not coterminus with the town lines. (Thus amended by chap. 89, L. 1902, and chap. 643, L. 1905.) § 10. Designation of places for registry and voting, publication of same ; and provision of furniture therefor. — On the first Tues- day of September in each year, the town board of each town, and 10 The Election Law. § 10 the common council of each city, .except New York and Buffalo, and the board of elections of the city of New York, shall designate the place in each election district in the city or town at which the meeting for the registration of electors and the election shall be held during the year. In the city of Buffalo the commissioner of elections shall designate such places for registry and election on the first Monday in August in each year. Each room so desig- nated shall be of a reasonable size, suflScient to admit and com- fortably accommodate at least ten electors at the time outside of the guard rail. No building, or part of a building, shall be so designated in any city if within thirty days before such designa- tion, intoxicating liquors, ale or beer, shall have been sold in any part thereof. No room shall be designated elsewhere in a city, if within thirty days before such designation, intoxicating liquors, ale or beer, shall have been sold in such rooms, or in a room ad- joining thereto, with a door or passage-way between the two rooms. No intoxicating liquors, ale or beer shall be sold in such building in a city or such room or adjoining room elsewhere after such designation and before the general election next thereafter, or be allowed in any room in which an election is held during the day of election or canvass of the votes. Any person or per- sons violating the provisions of this section shall be deemed guilty of a misdemeanor. If any place so designated shall thereafter and before the close of the election be destroyed, or for any reason become unfit for use, or can not for any reason be used for such purpose, the officers charged with the designation of a place for such election shall forthwith designate some other suitable place for holding such election. Not more than one poll- ing place shall be in the same room, and not more than two poll- ing places shall be in the same building. The officers authorized to designate such places in any town or city shall provide for each polling place at such election, the necessary ballot and other boxes, guard rails, voting booths and supplies therein, and the other furniture of such polling place, necessary for the lawful conduct of each election thereat, shall preserve the same when not in use, and shall deliver all such ballot and other boxes for § 10 Times, Places, Notices, etc., of Elections. 11 each polling place, with the keys thereof, to the inspectors of each election district at least one-half hour before the opening of the polls at each election. The officers authorized to designate the registration and polling places in any city, except the city of New York, shall cause to be published in two newspapers within such city a list of such places so designated, and the boundaries of each election district in which such registration and polling place is located. Such publication shall be made in the news- papers so selected upon each day of registration and the day of election, and on the day prior to each such days. One of such newspapers so selected shall be one which advocates the principles of the political party polling the highest, number of votes in the state at the last preceding election for governor, and the other newspaper so designated shall be one which advo- cates the principles of the political party polling the next highest number of votes for governor at said election. The board of elections of the city of New York shall cause to be published in two newspapers in each borough within such city a list of the registration and polling places so designated in each borough and the boundaries of each election district therein in which such registration and polling place is located; except that in the borough of Brooklyn, such publicaltion shall be made in the newspapers designated to publish corporation notices therein; and except also that in the borough of Manhattan such publica- tion shall be made in four daily newspapers published in the borough of Manhattan which advocate the principles of the politi- cal party polling the highest number of votes in the state at the last preceding election for governor, and also in four daily news- papers published in the borough of Manhattan which advocate the principles of the political party polling the next highest num- ber of votes for governor at said election, and shall include the list of such registration and polling places and their bound- aries, in the county of New York. Such publication shall be made in such newspapers upon each day of registration and the day of election and on the day prior to each of such days. Such publications shall be made in newspapers published in such 12 The Election Law. § ^^ boroughs which shall respectively advocate the principles of the political party which at the last preceding election for governor respectively cast the largest and next largest number of votes in the state for such office. The said board shall also cause to be published in the City Record on or before the first day of regis- tration in each year a complete list of all the registration and polling place so designated and the boundaries of the election districts in which such places are located arranged in numerical order under the designation of the respective boroughs in which they are located. In selecting the newspapers in which such pub- lications are to be made the said board shall keep in view the object of giving the widest publicity thereto. {Thus amended ly chap. 95, L. 1901; chap. 197, L. 1903; chap. 29, L. 1904, am,d chap. 643, L. 1905. § 11.* Election officers; designation, number and qualifica- tions. — Subdivision 1. There shall be in every election district of this state the following election ofBcers, namely, four inspect- ors, two poll clerks and two ballot clerks, whose term of office, except as hereinafter prescribed, shall be for one year from the date of their appointment or election, and who shall serve at every general election, special or other election held within their districts during such term. The term of office of inspectors of election in towns shall he for two years. No person shall be ap- pointed or elected an inspector of election, poll clerk or ballot clerk who is not a qualified elector of the county if within the city of New York or of any other city or of the election district of the town in which he is to serve, of good character, able to speak and read the English language understandingly, and to write it legi- bly, and who does not possess a general knowledge of the duties of the office to which he is elected or appointed, or who is a candidate for any office to be voted for by the electors of the dis- trict in which he is to serve, or, who has been convicted of a felony and not restored to citizenship, or who holds any public office ex- *Amended by chaps. 95 and 536 of the Laws of 1901. Words in italics show the amendment of this section by chap. 536, L. 1901, which said amendment omitted subdivision two of said section as herein printed. § 11 TiMBs^ Places^ Notices, etc., of Elections. 13 cept notary public or commissioner of deeds, town or village assessor, justice of the peace, village trustee, water commissioner, officer of a school district, overseer of highway, whether elected or appointed or who is employed in any public office or by any public officer whose services are paid for out of the public money other than is excepted herein. Each class of such officers shall be equally divided between the two political parties which at the general election next preceding that for which such officers are to serve, cast the highest and the next highest number of votes. Where election officers are appointed the qualifications required of them by this section shall be determined by an examination by or under the direction of the appointing board or officer. {Thus amended by chap. 536, L. 1901.) Election officers in cities of first class exempt from jury duty, see S 12. Subdivision 2. Boards of elections established. — a. There shall be, and there is hereby established, a board of elections in every city of the first class in this state whch does, or shall, contain within its boundaries one or more counties. The said board shall consist of four persons to be known and designated as commissioners of elections. Each of the said boards of elections shall be and are hereby charged with the duty of executing the provisions of the laws relating to all elections held within their respective cities, except as otherwise provided by law. b. All such commissioners of elections shall be appointed by the mayor of the city, and shall hold office for a term of two years, . except as hereinafter provided. Each of the said com- missioners of elections shall be at the time of his appointment a resident of and a qualified elector of such city. No com- missioner of elections shall hold any other office, except commis- sioner of deeds or notary public, during his term of office, nor shall he be a candidate for any elective office during such terin, and any votes cast for any person for office, who shall have been a commissioner of elections within one hundred days of the elec- tion at which such votes were cast, shall be void and shall not be counted. A commissioner of elections may be removed from office by the governor for cause in the same manner as a sheriff, 14 The Election Law. § ^^ Any vacancy in the office of commissioner of elections shall be filled by the mayor of the city within five days after the vacancy has been created, and the person appointed to fill such vacancy shall hold office during the balance of the term of the com- missioner in whose place he was appointed. At their first meeting the commissioners of elections shall organize as a board by electing one of their number as president and one as secre- tary, and in case no election can be had the members shall draw lots for such places. The board shall have power to adopt such rules and regulations for the control and conduct of the affairs of such board and of its employes as are not inconsistent with or in violation of law. The board shall keep a record of their proceedings and shall make an annual report in the month of December of the affairs and proceedings of said board to the mayor of the city. c. Within ten days after this act shall take effect the mayor of the city of New York shall appoint four persons as commis- sioners of elections, each of whom, at the time of his appoint- ment, shall be a resident and qualified elector of the city of New York, and not more than two of whom shall belong to the same political party, or be of the same political opinion on state or national politics. The term of office of the commissioners so appointed shall be from the date of their appointment to twelve o'clock noon of January first, nineteen hundred and three, or until their successors have qualified. Upon the expiration' of the term of office of the commissioners first appointed, and every two years thereafter, the mayor of the city of New York shall appoint four persons as commissioners of elections for the full term of two years, each of whom shall be as above provided a resident and qualified elector of the city of New York and not more than two of whrtm shall belong to the same political party or be of the same political opinion on state or national politics. The salary of each commissioner of elections shall be five thou- sand dollars a year, payable in equal monthly installments. d. Within five days after this act takes effect, the respective chairmen of the county committees, within the counties of New § 11 TiMBS^ Places^ Notices, etc., of Elections. 15 York and Kings, of each of the two political parties which at the general election held in the year nineteen hundred cast the high- est and the next highest number of votes for governor, shall each respectively file or cause to be filed with the mayor of the city of New York a certificate, duly executed over the signature of the chairman who makes the same, which certificate shall certify to the mayor of such city the name of a person who is a resident and qualified elector of the city of New York and who shall be recommended .by the chairman making such certificate as being in his opinion, and in the opinion of the committee of which he is the chairman, a fit and proper person to be appointed a com- missioner of elections. Each of such four certificates shall be substantially in the following form, to-wit : " To Honorable , Mayor of the City of New York. I, , chairman of the county committee of the party, for the county of ' , do hereby, in accordance with the provisions of paragraph d of subdivision two of section eleven of the election law, certify that in my opinion and in the opinion of the said committee , a resident and qualified elector of the borough of , city of New York, is a fit and proper person to be appointed a com- missioner of elections, and I do hereby recommend him for ap- pointment to said oflSce. In witness whereof, I have made and executed this certificate, this day of , 19 . ." Each of such certificates shall be duly acknowledged by the person executing the same, before a notary public or other ofiScer authorized to take acknowledgments to deeds for record in this state. At least five days before the first day of January, nine- teen hundred and three, and at least five days before the first day of January of each second year thereafter, the respective chairmen of the county committees, within the counties of New York and Kings, of each of the two political parties which at the general election last preceding the date of such certificate cast the highest and the next highest number of votes for gov- ernor, shall each respectively make and file or cause to be filed 16 (tHE Election LaW. § H with the mayor of the city of New York, a certificate in substan- tially the form and executed and acknowledged as above pro- vided, each of which four certificates shall respectively certify the name of a person who is a resident and qualified elector of the city of New York and who is recommended as a fit and proper person to be appointed a commissioner of elections for the term of two years beginning with the first day of January next ensuing. If at any time a vacancy arises in the oflSce of commissioner of elections, through death, resignation, removal or inability to serve^ the chairman of the county committee of the political party to which the commissioner creating such vacancy belonged, for the county of New York, if the commissioner creating such vacancy was a resident of the borough of Manhattan or of the borough of the Bronx of said city, or for the county of Kings if the commissioner creating such vacancy was a resident of any other borough of said city, shall make and file or cause to be filed with the mayor of the city of New York, a certificate in substan- tially the form and executed and acknowledged as above pro- vided, certifying and recommending the name of a person, who is a resident and qualified elector of said city, as a fit and proper person to be appointed a commissioner of elections for the unex- pired term of the commissioner creating such vacancy. At least two days time, after a vacancy has been created, for the making and filing of the certificate above provided for, shall be afforded by the mayor, before making any appointment to fill such vacancy, to the person upon whom the duty is imposed here- under to make said certificate and file the same or cause the same to be filed. e. Each and every certificate filed with the mayor of the city of New York in pursuance of the provisions of this act, shall be kept by the mayor in some safe and secure place in his office, and shall be a public record open at all reasonable hours to the inspection of any person who may desire to see the same, it being the inten- tion of this act, and said intention is hereby declared, to secure in the appointment of the members of the board of elections established by this act, equal representation of the two political § 11 TiMESj Places^ Notices, etc., of Elections. 17 parties which at the general election next preceding such ap- pointment cast the highest and the next highest number of votes for governor, and the committees and chairmen of committees of which political parties have been duly elected as such under and in pursuance of the provisions of the primary election law. f. The bureau in the police department of the city of New York, heretofore known and designated as the general bureau of elec- tions, and the branches of said general bureau in the boroughs of the Bronx, Brooklyn, Richmond and Queens, together with the oflBce of superintendent of elections of the city of New York, and the oflSces of the chiefs of the branch bureaus of elections in said respective boroughs, are hereby abolished, and all of the rights, powers, authority, duties and obligations immediately heretofore by law vested in and imposed upon the said bureau and branch bureaus, together with every right, power, authority, duty and obligation immediately heretofore by law vested in and imposed upon the police board of the city of New York, its successor or suc- cessors, with respect to general, special or primary elections, shall forthwith by force of and as an eflfect of this chapter be trans- ferred to, imposed upon and continued in the board of elections of the city of New York hereby created. g. All books, documents, papers, records and election appli- ances or appurtenances held or used by or under the control of the superintendent of elections and the chiefs of the branch bureaus of elections or under the control of the police board of the city of New York, its successors, or successor, shall be trans- ferred to the care, custody and control of the board, of elections upon demand by said board. h. So far as practicable and necessary the chief clerks, clerks, assistant clerks and stenographers attached to and in the service of the general bureau of elections of the city of New York and of the branches of said general bureau in the respective boroughs at the time this act shall take eflfect shall be continued in the serv- ice and employment of the board of elections with the same sala- ries and, so far as practicable, the same duties until the first day of April, nineteen hundred and one, unless otherwise provided by 2 18 The Election Law. § 1' the board of elections, which board shall have power to fix the number, salaries, duties and rank of such chief clerks, clerks, as- sistant clerks and stenographers and to appoint and remove and to fix the salaries of all employes of said board. i. The board of elections shall have power to provide and main- tain an ofQce for such board in the borough of Manhattan which shall be the headquarters of said board, and to furnish the same with necessary furniture and offlce fixtures, and shall also pro- vide, maintain and furnish an office in each other borough of the city of New York and shall place the same in the charge of a com- petent person. The general offlce of the board of elections shall, until otherwise located with the consent of the board of elections, be located at police headquarters, in the borough of Manhattan which shall be the headquarters of the said board as hereinbefore provided, and the several branch offices of the board of elections shall continue to be located in the rooms now occupied by them in the various boroughs of the city of New York, or be removed to other suitable locations in the respective boroughs, gaid board of elections shall have full and complete control of the said branch offices of the board of elections and of all the offices, employes, affairs and administration of said branch offices. Every report, statement, certificate, document or paper which was immediately heretofore by the election law required or pro- vided to be made, transmitted, rendered or delivered to or filed with the board of police or superintendent of elections in the city of New York, is hereby required to be made, transmitted, rendered or delivered to or filed with the said board of elec- tions. Every provision of law relating to the doing of such acts or to the making and transmitting, rendering, delivering or filing such reports, statements, certificates, notices, docu- ments or papers or to the effect thereof, or providing that other things shall be done in conjunction therewith or consequent thereon, shall, with the same force and effect apply to and operate upon the doing of such acts by the board of elections, and the making, transmitting, rendering, delivering or filing of such reports, statements, certificates, notices, documents or § 11 TiMEs^ Places^ Notices^ etc., of Elections. 19 papers with said board. It shall be the duty of the commis- sioner of police and the officers and members of the police force, whenever called upon by the board of elections to render to said board all practicable assistance in the enforcement of the elec- tion and the primary election law, including the use of the police telephone service. The commissioner of police shall detail to the service of the board of elections upon its written request such patrolmen and other members of the police force as may be necessary from time to time for the faithful performance by said board of its functions and duties. All copies of police re- ports to commanding oflScers of precincts under subdivision three, of section thirty-two, of the election law, shall be forth- with transmitted by the precinct commander to the board of elections. All statements of canvass delivered to any oflflcer in command of a precinct under subdivision three, of section one hundred and ten, of the election law shall be forthwith trans- mitted by such precinct commander to the board of elections to be by them preserved with the same force and effect as if preserved by thetpolice. j. All sums necessary to pay the expenses of the board of elections of the city of New York, including the salaries of the commissioners of elections, chief clerks, clerks, assistant clerks and other employes and to meet and defray the charges and expenses of all elections lawfully held in the city of New York or in any territory included therein, shall be a charge against the said city, and shall upon proper certificates and vouchers be paid in the same manner as other expenses and charges against the said city are by law provided to be paid. Said charges and expenses, as esitimated, shall be included in the an- nual budget of said city each year and in the yearly taxes levied upon the estates, real and personal, in the city of New York. The comptroller of the city of New York, is hereby authorized and directed to transfer to the credit of the board of elections all moneys remaining out of the appropriations for the year nineteen hundred and one, to the credit of the general bureau of elections and its branches, for defraying the expenses of said 20 The Election Law. § 12 board of elections and its branches and other election expenses, aiid such moneys shall be paid out upon the authority of the board of elections. Any additional sum needed for the conduct of the business of the board of elections during the year nine- teen hundred and one shall be provided by the board of estimate and apportionment of the city of New York, by the sale of bonds or otherwise. k. The board of elections of the city of New York is hereby authorized and directed, not less than two years after each elec- tion, to sell or destroy all registers of electors in the possession of such board; provided, that one copy of such register of elec- tors for each election district shall be excepted and preserved by such board from such sale or destruction. The board of elections is also authorized to sell to the highest bidder the un- used ballots furnished for the last preceding election, but such unused ballots shall not be sold until at least six months after the election for which they were provided. All moneys realized by sales under this section shall be paid over to the proper fiscal oflacer of the city of New York to the credit of the account of the board of elections. 1. Sections three hundred and fifty-eight to three hundred and seventy-one inclusive of chapter eight of the Greater New York charter, being chapter three hundred and seventy-eight of the laws of eighteen hundred and ninety-seven, entitled "An act to unite into one municipality under the corporate name of the city of New York the various communities lying in and about New York harbor, including the city- and county of New York, the city of Brooklyn and the county of Kings, the county of Richmond and part of the county of Queens, and to provide for the government thereof," and all other laws or part of laws inconsistent with or in conflict with this subdivision, whether general, special or local, are hereby repealed. {Thus amended ly chap. 95, L. 1901.) § 12. Appointment of election officers in cities The board of elections of the city of New York and the mayor of each othci city shall, on or before the flrst day of September of each year § 12 TiMBSj Places^ Notices^ etc., op Elections. 21 select and appoint election officers for each election district therein, and' may fill any vacancy which may occur before the opening of the polls, on election day. Each political party enti- tled to representation in any board of election officers may, not later than the first day of July in each year, file with such board or mayor an original list of persons, members of such party duly qualified to serve as election officers. A supplemental list of per- sons may also be filed containing not more than ten names for each office. Additional supplemental lists for any election dis- trict may be filed at any time before the appointments of such dis- tricts are made and certified by such board or mayor or when a vacancy shall exist in the original list by reason of the disqualifi- cation, resignation, declination or withdrawal of the name by the person or persons submitting the same of any person on such list^ and all appointments shal be made from the original list if those named therein are found qualified; if not so qualified, then from a supplemental list so filed. If within ten days after notice in writing by the board or mayor to the chairman of the com- mittee or other person by whom the list is filed or authenticated, such chairman or other person shall neglect to file an additional list, the board or mayor may appoint qualified persons, members of the party in default, to act as election officers. In the city of New York such lists shall be authenticated and filed by the chair- man of the executive committee of the county committee of the party in the respective counties within such city; in other cities, by the chairman or secretary of the general city committee of such party, if there be such a committee, or if not, then by the chairman or secretary of the general county committee of such party, if there be such a committee, or if not, then by the corresponding officer of any committee performing the usual functions of a city or county committee ; provided, however, that if in any city more than one such list be submitted in the name or on behalf of the same political party, only that list can be accepted which is au- thenticated by the proper officer or officers of the faction or section of such party, which was organized as regular by the last preced- ing state convention of such party ; or, where no such convention 22 The Election Law. § 12 has been held within the year, by the proper officer of the faction or section of said party, which, at the time of the filing of said list_ is recognized as regular by the state committee of such party, which was organized by or pursuant to the direction of the last preceding state convention of such party. All persons so pro- posed for appointment shall be examined as to their possessing the qualifications required by section eleven of the election law by or under the direction of the mayor or board, who shall give five days' notice in writing of such examination to the person to be ex- amined, and also the chairman of the committee or other person by whom the list is filed and authenticated, and such chairman or other person may appear and be heard at such examination, either in person or by counsel. If a person so nominated after exami- nation is found qualified, under section eleven of the election law, he shall be appointed to the position for which he was recom- mended. If a person so proposed is found disqualified after ex- amination, notice in writing to that effect shall be given by the mayor or board within three days after such disqualification is determined by such mayor or board, to the chairman of the com- mittee or other person by whom the list embracing the name of the person so disqualified was authenticated, and the vacancy shall be filled by the appointment of a qualified person named in a supplemental list filed on behalf of the same party, except that if a party entitled to representation files no list the appoint- ment may be made without such list, as provided in this section after examination. In the city of New York the members of the board charged with the duty of appointing election ofiicers, who represent the same political party, shall have the exclusive right and be charged with the exclusive duty of selecting from the list submitted, or, in lieu of said list, the members of such party who are to be appointed as election officers. Every person so ap- pointed as an election officer shall, within five days after notice of his appointment, take and subscribe the constitutional and statu- tory oath of office, which shall be administered, if in the city of New York, by a commissioner of elections, or by any clerk or other employe of said board of elections who shall be designated § 12 TiMBs^ Places^ Notices, etc., of Elections. 23 by said board in writing over the signature of its president to ad- minister said oatli of office; and if in any other city, by the mayor thereof or by any other person or persons designated by him for that purpose ; and all of said officers, and every clerk or person so designated by them or him for that purpose, shall be and is hereby authorized as empowered to administer such oath. Every person So sworn as an election officer shall receive a certificate of appoint- ment and qualification, signed by the person who administered the oath, in such form as may be approved by the board or officer by which or whom he was appointed, and specifying the capacity and election district in which he is to serve and to date the expiration of his term of office. Any election officer so appointed may be re- moved for cause by the board or mayor making the appointment, in which case such removal, unless made while such officer is actu- ally on duty on the day of registration, revision of registration or election, and for improper conduct as election officer, shall only be made after notice in writing to the officers to be removed, which notice shall set forth clearly and distinctly the reasons for his removal. In cities of the first class, it shall be the duty of the board or mayor making the appointment of an election officer, to remove forthwith such officer, without preferring any charges and without notice to such officer, upon the written re- quest of the official of the political party who certified the name of such election officer or his successor. All such vacancies so created shall be filled in the same manner as the original appointment was made. Any election officer who shall at any time be appointed to fill a vacancy, which fact shall be stated in his certificate of ap- pointment, shall hold office only during the unexpired time of his predecessor. No election officer shall be transferred from one elec- tion district to another after he has entered upon the performance of his duties and no election officer shall serve in -any county save that in which he shall reside. The chairman of each board of in- spectors of each election district shall", within twenty-four hours of any election, furnish to the mayor or board appointing such officers, if required so to do by such mayor or board, under his hand, a certificate stating the number of days of actual service of 24 Tnto Election Law. § 13 each membel' of such board., the names of the persons who served as poll clerks and ballot clerks on electiton day and the number of days during which the store, building or room hired for registra- tion and election purposes was actually used for such purposes. Any person acting as such chairman, who shall wilfully make a falpe certificate shall be guilty of a misdemeanor. Every person appointed as an election offlcer, failing to take and subscribe the oath of oflSce as hereinbefore *subscribed or shall wilfully neglect or refuse to discharge the duties which he was appointed to per- form, shall, in addition to the other penalties prescribed by law, be liable to a fine of one hundred dollars, to be sued for and recov- ered by the mayor or board making the appointment, in a court of record, for the use and benefits of the treasury of such city. Any election oflacer who, being removed for cause, shall fail upon de- mand to deliver over to his successor the register of the electors, or any tally sheets, book, paper, memorandum or document relat- ing to the registration of electors or the election in his possession, so far as he has made it, shall be liable to a like penalty to be recovered in a like manner for the benefit of such city. All per- sons appointed and serving as election oflScers on any of the days of registration or of election or of count of the votes in cities of the first class shall be exempt from jury duty for one year from the date of the general election at which they serve. Such ofS- cers shall be paid by the comptroller of the respective cities within twenty days after the election at which such oflBcer served upon the certificate of the board or officer appointing them. (TJms amended by chap. 397, L. 1897, chap. 675, L. 1898, chap. 630, L. 1899, chap. 95, L. 1901, and chap. 70, L. 1904.) No ballot clerks to be appointed where voting machines, see § 18l. For qualification for appointment or election of ofBcers, see § 11. § 13. Election officers in towns. — Inspectors of election in towns shall be appointed by the town board in each year in which a town meeting is held for the election of town oflBcers, and within thirty days thereafter. Such appointments shall be made from *So in the original. § 13 Times, Places, Notices, etc., of Elections. 25 lists to be prepared, certified and filed in the manner herein- after provided, by the two political parties entitled to repre- sentation on a board of election officers. The town caucus or primary held by each such political party for the purpose of nomi- nating town officers shall prepare a list containing the names of at least two persons, qualified to serve as inspectors of election, for each election district in said town, which lists shall be certi- fied by the presiding officer and a secretary of said caucus or primary, and) filed with the town clerk in the same manner and at the same time as the party certificate of nomination filed by said party. From each of the two lists so filed, the town board shall appoint two persons who possess the qualifications pre- scribed by law for election officers. If in any town more than one such list be submitted on behalf or in the name of the same political party, only that list can be accepted which is certified by the proper officer or oflScers of the faction of such party which was recognized as regular by the last preceding state convention of such party ; or if no such convention was held during the year, by the proper officer or officers of the faction of such party, which, at the time of the filing of such list is recognized as regular by the state committee of such party. Such appointment shall be made in writing and filed with the town clerk who shall forth- with notify each person so appointed of his appointment to said office, in the same manner that he is now by law required to give notice to a person of his election to a town office when his name does not appear upon the poll list at the town meeting at which he was elected to said office. From the additional names, if any, contained on the lists so filed, of persons qualified to serve as such, the town board shall appoint inspectors of election in case of the resignation, declination or other incapacity of persons appointed to such office. If such lists contain no additional names of such persons, the town board shall fill vacancies caused by such resig- pation, declination or other incapacity by appointing persons known, or proved to the satisfaction of a majority of the mem- bers of said board to be members of the same political party in which such vacancy occurred, All appointments to fill vacancies 26 The Election Law. § 1* shall be made in writing and filed with the town clerk, and notices thereof given by him as hereinbefore provided in the case of an original appointment. At the first meeting in each year of the board of inspectors in every district in a town, one poll clerk and one ballot clerk shall be appointed by the two inspectors of election representing one of the political parties entitled to rep- resentation on such board, and one poll clerk and one ballot clerk shall be appointed by the two inspectors representing the other political party. Such appointments shall be in writing, signed by the inspectors making the appointments respectively, and shall be filed by them with the town clerk of the town in which such election district is situated, and a copy thereof with the post-oflSce address of each person so appointed shall be mailed to the clerk of the county. The poll clerks and ballot clerks so appointed shall hold their oflice during the term of ofiSce of the inspectors appointing them, except as hereafter provided. The persons so appointed as poll clerks and ballot clerks shall be voters in the district in which they are appointed to serve, and shall possess the qualifications required of such officers by section eleven of this act. If at any time of any election at which poll clerks and ballot clerks 'are required to be present at the polling place in any election district, the office of a poll clerk or of a ballot clerk of such district shall be vacant, or a poll clerk or a ballot clerk shall be absent, the inspectors of election in such district shall forthwith appoint a person to fill such vacancy. , Such person so appointed shall, before he acts as such poll clerk or ballot clerk, take the constitutional and statutory oaths of office. {Thus amended hy chap. 536, L. 1901.) No ballot clerks to be appointed where voting machines are to be adopted. For qualification for appointment or election of election officers, see § 11. Similar provisions for filling of vacancies in office- of poll clerk or ballot clerk, see § 14. § 14. Supplying vacancies and absences ; organization of boards of inspectors.— If at the time of any meeting of the inspectors there shall be a vacancy or if any inspectors shall be absent from such meeting the inspector present who shall be a member of the § 14 Times, Places, Notices, etc., of Elections. 27 same political party as the absent inspector shall appoint a quali- fied elector of the district, who shall also be a member of the same political party as the absent inspector, to act in the place of such absent inspector for the whole of that day. And the person so appointed shall be paid the amount which the absent inspector, if he had been present, would have been entitled to have been paid for his services upon that day, and the absent inspector shall not be paid for any services for that day. If two inspectors, who are members of the same political party, shall be absent from any such meeting oh election day, the poll clerk, if he be present, and if he be absent then the ballot clerk, who is a member of the same political party as the absent inspectors, shall appoint two quali- fied electors of the district, who shall be members of the same political party as the absent inspectors, to act in the place of such absent inspectors for the whole of that day ; and the persons so appointed shall be paid the amounts which the absent inspect- ors, if they had been present, would have been entitled to be paid for their services upon that day, and the absent inspectors shall not be paid for any services for that day. If two inspectors, who are members of the same political party, shall be absent on any of the days of registration, the inspector or inspectors present shall appoint qualified electors of the district, who shall be mem- bers of the same political party as the absent inspector or inspect- ors, to act until such absent inspector or inspectors, or his suc- cessors duly appointed under the provisions of section twelve, shall appear and such person, so serving temporarily, shall serve without pay. If, at any such time, the oflSces of all inspectors are vacant, or no inspector shall appear within one hour after the time fixed by law for the opening of such meeting, the quali- fied voters of the district present, not less than ten, may desig- nate four qualified electors of the district belonging to the political parties as specified in section eleven, to fill such vacan- cies, or to act in the place of such inspectors respectively, until the absent inspectors respectively appear. If at any time there shall be a vacancy in the oflSce of any poll clerk or ballot clerk, or if any poll clerk or ballot clerk shall be absent from such meet- 28 The Election Law. § 1*^ ing, the inspector or inspectors present, who shall be a member or members of the same political party as the absent poll clerk, or ballot clerk shall appoint a qualified elector of the district, who shall also be a member of the same political party as the absent poll clerk or ballot clerk to fill such vacancy. Every per- son so appointed or designated to act as an inspector, poll clerk or ballot clerk shall take the constitutional and statutory oaths as prescribed by the election law. Before otherwise entering upon their duties the inspectors of each district shall then imme- diately appoint one of their number chairman ; or, if a majority shall not agree upon such appointment, they shall draw lots for that position. {Thus amended ty chap. 487, L. 1904.) § 15. Preservation of order by inspectors. — All meetings of the board of inspectors shall be public. Such board and each individual member thereof shall have full authority to preserve peace and good order at such meetings, and around the polls of elections, and to keep the access thereto unobstructed, and to enforce obedience to their lawful commands. The said board may appoint one or more electors to communicate their orders and directions, and to assist in the performance of their duties in this section enjoined. If any person shall refuse to obey the lawful commands of the inspectors, or by disorderly conduct in their presence or hearing shall interrupt or disturb their proceed- ings, they shall make an order directing the sheriff or any con- stable of the county, or any peace or police officer to take the person so offending into custody and retain him until the regis- tration of electors, or the canvass of the votes shall be completed, but such order shall not prohibit the person taken into custody from voting. Such order shall be executed by any sheriff, con- stable, peace or police officer, to whom the same shall be deliv- ered. But if none shall be present, then by any other person deputed by such board in writing. The said board or any mem- ber thereof, may order the arrest of any person other than an election officer violating or attempting to violate, any of the pro- visions of this election law. S§ 16, 1? Times, Places, Notices, utC, op Elections. 29 § 16. Ballot boxes. — There shall be but one ballot box at each polling place for receiving all ballots cast for candidates for ofiBce, which box shall be conspicuously marked " box for general bal- lots." There also shall be a ballot box for the reception of ballots found to be defective in printing, or mutilated before delivery to electors, and for ballots spoiled and returned by electors, which box shall be conspicuously marked " box for spoiled and muti- lated ballots." There shall also be a box for detached ballot stubs, which box shall be conspicuously marked " box for detached ballot stubs." If proposed constitutional amendments, or other propositions or questions may be lawfully voted upon thereat, there shall be a separate ballot box at each polling place for the reception of ballots upon such amendments or propositions, or questions, which box shall be conspicuously marked, "box for questions submitted." In towns in which town meetings are held on election day, an additional ballot box shall be provided, to be marked, " box for town propositions," in which shall be deposited ballots cast on town propositions and questions. In towns in which town meetings are held on election day in an even num- bered year, an additional ballot box shall be provided, to be marked " box for town ballots," in which shall be deposited bal- lots cast for candidates for town ofdces. Each box used for the reception of voted ballots shall be provided with a sufficient lock and key, and with an opening in the top thereof large enough, and not larger than may be necessary to allow a single folded ballot to be easily passed through such opening into the box. Each box shall be large enough to properly receive and hold all ballots which may lawfully be deposited therein at any election. {Thus amended hy chap. 381, L. 1900, chap. 405, L. 1902, and chap. 733, L. 1904.) Officers to provide and deliver boxes at least half an hour before opening of polls, see § 10. § 17. Voting booths and guard rails. — There shall be in each polling place during each election a sufficient number of voting booths, not less than one for every seventy-five registered electors in the district. Each such booth shall be at least three feet 30 The Election Law. § 18 square, shall have four sidles enclosed, each at least six feet high, and the one in front shall open and shut as a door swing- ing outward, and shall extend within two feet of the floor. Each such booth shall contain a shelf which shall be at least one foot wide, extending across one side of the booth at a convenient height for writing, and shall be furnished with such supplies land convfeniences including pencils having black lead only, as will enable the electors to conveniently prepare their ballots for voting. Each booth shall be kept clearly lighted while the polls are open by artificial lights if necessary. A guard rail shall be placed at each polling place at least six feet from the ballot boxes and the booths, and no ballot box or booth shall be placed within six feet of such rail. Each guard rail shall be provided with a place for entrance and exit. The arrangement of the polling place shall be such that the booths can only be reached by passing within the guard rail, and that the booths, ballot boxes, election ofScers and every part of the polling place except the inside of the booths, shall be in plain view of the election oflScers and the persons just outside the guard rail. Such booths shall be so arranged that there shall be no access to intending voters or to the booths through any door, window, or opening except by the door in front of saidi booth. Officers to provide voting booths and guard rails, see § 10. § 18. Payment of election expenses. — The expense of provid- ing polling places, voting booths, supplies therefor, guard rails and other furniture of the polling place, and distance markers, and the compensation of the' election oflQcers in each election district, shall be a charge upon the town or city in which such election district is situated except that such expenses incurred for the purpose of conducting a village election, not held at the same time as a general election, shall be a charge upon the village. The expense of printing and delivering the official bal- lots, sample ballots and cards of instruction, poll books, tally sheets, return sheets for inspectors and ballot clerks, and dis- tance markers to be used at a town meeting, city or village elec- §, 18 TiMES^ Places^ Notices^ etc.; op Elections. 31 tions not held at the same time as a general election, and of printing the list of nominations therefor shall be a charge upon the town, city or village in which the election is held. The expense of printing and delivering the oflScial ballots, sample bal- lots and cards of instruction, poll books, tally sheets, return sheets for inspectors and ballot clerks, and distance markers to be used in any county, except such counties or portions thereof as are included within the city of jSfew York, at any other elec- tion, if no town meeting, city or village election be held at the same time therewith, and of printing the lists of nominations therefor, shall be a charge upon such county. The expense of printing and delivering the oiHcial ballots, sample ballots and cards of instruction, poll books, tally sheets, return sheets for inspectors and ballot clerks, and distance markers, to be used in any such county at any other election, and of printing the lists of nominations therefor, if the town meeting, city or village elec- tion be held in such county at the same time therewith, shall be apportioned by the county clerk between such town, city, or vil- lage and such county, in the proportion of the number of candi- dates for town, city or village oflScers on such ballots respect- ively, to the whole number of candidates thereon, and the amount of such expense so apportioned to each such municipality shall be a charge thereon. Whenever voting machines are used in an election by any city, town or village, only such expenses as are caused by the use of such machines, and such as are necessary for the proper conduct of the elections as required by the elec- tion law shall be charged to such city, town or village. All expenses relating to or connected with elections lawfully incurred by the board of elections of the city of New York shall be a charge on such city, and after being audited by the proper officer, shall be paid by the comptroller of said city upon the certificate of such board. The county clerk of each county, not salaried, shall be paid by such county a reasonable compensation for his services in carrying out the provisions of this chapter, to be fixed by the board of supervisors of the county, or the board acting as such board of supervisors. The town 32 The Election Law. § 19 clerk of each town shall be paid by such town a reasonable com- pensation for his services in carrying out the provisions of this chapter, to be fixed by the other members of the town board of the town. Ballot clerks shall receive the same compensation for their attendance at an election, as inspectors of election for the election, and be paid in like manner. Poll clerks shall receive the same compensation for their attendance at an election and canvass of the votes as inspectors of election and shall be paid in like manner. An inspector of election, lawfully required to file papers in the county clerk's office, shall, unless he resides in the county, if within the city of New York, or in any other city or town in which such office is situated, be entitled to receive as comipensation therefor five dollars, and also four cents a mile for every mile actually and necessarily traveled between his resi- d'ence and such county clerk's office in going to and returning from such office. In cities of the first class, having a popu- lation of two million or more inhabitants the persons appointed and serving as inspectors of election shall receive seven dollars and fifty cents for the hours fixed by law for each day of regis- tration, and of revision of registration for a ^special election, and seven dollars for the hours fixed by law for the election, and five dollars for the count and return of the votes. The poll clerks in such city shall each receive the same compensation as inspect- ors of the election and for the count of the votes, and the bal- lot clerks shall receive eight dollars each. Such officers shall be paid by the comptrollers of the respective cities upon the cer,- tificate of the board or officer appointing them. Election officers required to meet at a different time from the regular count of the votes cast at a general election for the purpose of counting and returning the votes of electors absent from their election dis- tricts in time of war in the actual military or naval service of this state or of the United States shall be paid five dollars each. (Thus amended by chap. 95, L. 1901.) Persons serving temporarily as inspectors to receive no pay, see § 14. § 19. Delivery of election laws to clerks, boards and election officers,— The secretary of state shall at least sixty days befoy^ § 19 TiMBS^ Places^ Notices^ etc.^ op Elections. 33 each general election held after this act takes effect cause to be prepared- a compilation of the election law with explanatory notes and instructions, properly indexed, and the secretary of state shall procure the same to be printed by the legislative printer, and transmit to the county clerk of each county except New York, Kings, Richmond, Queens and Erie counties, and to the board of elections of the city of New York, located in the borough of Manhattan and to the branch ofiBlce of the board of elections in each of the other boroughs of the city of New York and to the commissioner of elections of the county of Erie a sufficient number of copies thereof, to furnish one such copy to the county clerk and to said board and to each of said branch offices of the board of elections, and to said commissioner and one to each town, village and city clerk and to each election officer in such county and said boroughs together with such number of extra copies as may in his judgment be necessary to replace lost or mutilated copies before delivery thereof to elec- tion officers. The county clerk of each county, except those counties the whole of which are included within the city of New York, and the commissioner of elections of the county of Erie, shall forthwith transmit one of such copies to each such officers in such county, and the said board of elections shall cause to be delivered one of such copies to each of such officers in the city of New York. Each copy so received by each such officer shall belong to the office of the person receiving it. Every incumbent of the office shall preserve such copy during his term of office and upon the expiration of his term or removal from office deliver it to his successor. The secretary of state shall also trans- mit to the state superintendent of elections for the metropolitan elections district a sufficient number of such copies to furnish one of such copies to the superintendent and to each deputy, (Thus amended iy L. X90J, chap. 95, and Jj, 1905, chap, 643-) 34 The Election Law. § 30 ARTICLE II. Registration of Electors. Section 30. Meetings for registration. 31. Adding and erasing names on register. 32. Forms for registration. 33. Method of registration. 34. General provisions. 35. Certification and custody of register. 36. Delivery of blank books for registration, certificates and instructions. Section 30. Meetings for registration. — Before every general election, the board of inspectors for each election district in every city, and in villages having five thousand inhabitants or more, shall hold four meetings for the enrollment of the voters thereof, at the place designated therefor, to be known respectively as the first, second, third and fourth meetings for registration. The said meetings shall be held in every city, and in villages having five thousand inhabitants or more except in the city of New York, on the fourth Friday, fourth Saturday and the third Fri- day and third Saturday before such election. In the city of New York the said meetings shall be held on the twenty-ninth, twenty-eighth, twenty-fourth and twenty-second days before such election. Each meeting, if in cities of the first class, shall begin at seven o'clock, if elsewhere, at eight o'clock in the fore- noon, and continue, if in cities of the first class, until ten o'clock, if elsewhere, until nine o'clock in the evening. In all election districts other than in cities or villages having five thousand inhabitants or more, the board of inspectors of election for each such election district shall hold two meetings for the registra- tion of electors thereof, at the places designated therefor, before each general election, namely, on the fourth and third Saturday before the election, to be known respectively as the first and second meetings for registration, which meetings shall begin at nine o'clock in the forenoon and continue until nine o'clock in the evening. The board' of inspectors of election shall also, if § 31 Registration of Electors. 35 ordered so to do by the supreme court, or a justice thereof, or a county judge, as provided in section thirty-one of the election law, meet on the second Saturday before each general election for the purpose of correcting the registers by adding to or strik- ing off the name of any person as directed by such order. It shall be the duty of each inspector of election to make a note on the registers opposite the name of each person so enrolled, or so stricken off, of the date of such order, and the court, jus- tice or judge issuing the same. If any special or other election other than a general election shall be ordered or held in any city or village, the inspectors of election of the various election districts in which such special or other election is to be held, shall meet in their respective districts at the place designated therefor, on the second Saturday preceding such election, from eight o'clock in the forenoon to ten o'clock in the evening for the purpose of revising and correcting the register of electors as hereinafter provided. No inspector shall on any day for registration be absent during the hours fixed for enrolling the names of electors. Each political party or independent body duly filing or entitled to file certificates ■ of nominations of can- didates for offices to be filled at any such election, may, by a writing signed by the duly authorized county, city, town or vil- lage committee of such political party or independent body, or by the chairman or secretary thereof charged with that duty and delivered to one of the inspectors of election, appoint not more than two watchers to attend any meeting or meetings of inspectors for an election district in cities and villages having five thousand inhabitants or more held for the enrollment of the voters thereof. Such watchers may be present at such poll- ing place, and within the guard rail, from at least fifteen minutes before the commencement of the said meeting until after the completion of the duties of the board of inspectors for that day of registration. (Thus amended iy L. 1901, chap. 300, and L. 1905, chap. 675.) § 31. Adding and erasing names on register. — If the board of inspectors at any meeting for the registration of electors shiall 36 The JElection Law. s 31 have neglected or refused to place upon the register of electors the name of any person who is entitled to have his name placed thereon, application may be made to the supreme court, or any justice thereof in the judicial district in which such election district is located, or of a county adjoining such judicial dis- trict, or to a county judge of the county in which such election district is located, on a day at least two days prior to the second Saturday before any election, for an order to place such name upon the register of electors; and such court, justice or judge may, upon sufficient evidence, and upon such notice of not less than twenty-four hours to the board of inspectors, and such other persons interested of such application as the court, justice or judge may require, order such inspectors to convene as a board of registration on the second Saturday before such election, and to add the name of such person to such register of electors, and such register shall be corrected accordingly ; but no court, justice or judge shall order the name of duy person to be added to the register of electors unless it shall have been omitted therefrom through the fault, error or negligence of the election oflQcers. In case the name of any person who will not be qualified to vote in such election district, at the election for which such registration is made, shall appear upon such register, applica- tion may be made in like manner by any elector of the town or city in which such election district is located to any court, jus- tice or judge hereinbefore designated, for an order striking such name from the register, and such court, justice or judge may, upon sufficient evidence, and upon such notice of not less than twenty-four hours to the person interested of such application as the court, justice or judge may require, served either per- sonally or by depositing the' same in the post-office addressed to said person by his name, and at the address which appears in the register certified by the inspectors of election, proceed to convene the board of inspectors as provided herein for adding a name, and may order such board to strike such name from such register of electors, and such register shall be corrected accord- ingly. In all applications in the metropolitan elections district § 32 Rhbisteation op Electors. 37 to strike t&e nartes of electors from the register under this sectidn an affidavit by the state superintendent of elections for the met- ropolitan elections district, or any dt his deputies when duly directed by the state superintendent of elections for that pur- pose, that investigation was ttrade by them pursuant to the prb- visions of s&ctibn six of the metropolitan elections district law, and that the affiant did visit and inspect the premises claimed by the elector as bis resideneei and. did interrogate an inmate, house-dweller' keeper, care-taker, owner, proprietor or landlord thereof or therein as to the said elector's residence therein or thereat, and that the said affiant was informed by one or more of said persons, naming tTiem, that they were acquainted with and knew the persons residing therein or thereat, and that the elector did not reside at said premises thirty days before elec- tion, shall be presumptive' evidence against the right of the elector to register from such premises, which may be rebutted only by the oral testimony ubder oath or affidavit of the elector whose name is sought to be stricken from the register. {Thus amended tf L. 1905, cheep. 675.) § 32^. Forms for registration. — Subdivision 1. Where perSfctnal registration is required. — The board of inspectors of each election district in the state shall, at their meetings for registration for the general election in each year, make a quadruplicate register- one copy by each inspector — ^in the forms hereinafter prescribed in this suMivision and in subdivision two of this section, of those persons, and none other, who are or will be qualified to vote in such district at such election, which register, when finally completed, shall be the register of electors of the dis- trict for such election. Such register shall also be used at all other elections held in such district during the year succeeding the eliection for which it is made, except for town meeting^ and villag^' elections for which no registration is required. In all election districts in which personal registration of all electors is required', the register shall be arranged in nineteen columns and the leaves thereof shall be indexed from A to Z. In the 38 The Election Law. § 32 first column of such register there shall be entered at the time of the completion of the registration on the last day for regis- tration, a number opposite the name of each person so enrolled, beginning with " 1 " opposite the first name entered on the page indexed A and continuing in numerical order to and including the last name entered upon the last page of such register. On each day of registration there shall be entered in the second column thereof the surname of such persons in the alphabetical order of the first letter thereof, on the page bearing the index letter of such surname and in the third column the christian name or names of such persons respectively. In the fourth column shall be entered the residence number or other designation, and in the fifth column the name of the street or avenue of such residence or a brief description of the locality thereof. In the sixth column shall be entered the number of the floor or room occupied by the elector at the residence given by him, and in the seventh column shall be entered his age, in the eighth, ninth and tenth columns shall be entered his length of residence by years, months and days as the case may be in the state, county and election district, respectively; and in the eleventh column shall be entered the country of his nativity, which shall mean the country, state or province of the elector's birth, irrespective of his former political allegiance. In the twelfth column, if he be a naturalized citizen, shall be entered the date of the naturali- zation certificate under which he claims citizenship and in the thirteenth column shall be entered the designation of the court issuing such naturalization certificate. In the fourteenth, fifteenth, sixteenth and seventeenth columns shall be entered respectively the name of the state, the city or town and the number and name of the street or avenue of the residence of such person from which he last registered or voted, and the year in which he last registered or voted. In the eighteenth column shall be entered the date of the registration of the elector. The nineteenth column shall be reserved for entering the consecutive number on the stub of the official ballot voted by the elector on election day. In the twentieth column shall be entered, opposite § 32 Ebgistration of Electors. 39 the name of each elector, under the heading " remarks " the facts regarding challenges, oaths and other facts affecting such elector required to be recorded. {Thus amended hy L. 1901, chap. 113, and L. 1905, chap. 675.) Subdivision 2. In all election districts in which personal regis- tration of all electors is not required the register shall be arranged in eight columns. In the first column of such register there shall be entered at the time of the completion of such registration on the last day thereof, a number opposite the name of each person so enrolled, commencing with " 1 " and continuing in numerical order. On each day of registration there shall be entered in. the second column thereof surnames of such persons in the alpha- betical order of the first letter thereofj and in the third column the christian names of such persons respectively. In the fourth column shall be entered the residence number or other designa- tion, and in the fifth column the name of the street or avenue of such residence, and a brief description of the locality thereof. In the sixth column shall be entered the date on which the elector was registered. The seventh column shall be reserved for enter- ing the consecutive number on the stub of the official ballot voted by the elector on election day. In the eighth column shall be . entered opposite the name of each elector, under the heading of " remarks," the facts regarding challenges, oaths and other facts affecting such elector required to be recorded. (Thus amended ly chap. 630, L. 1899.) Subdivision 3. Delivery of registry lists. — In cities of the first and second class, the board of inspectors of each election district shall, immediately after the close of the last day of registration, make and complete one list of all persons enrolled in their respective districts, in the numerical order of the street num- bers thereof, which list shall be signed and certified by the board of inspectors. Such list shall be delivered by the chairman of the board, of inspectors to the police captain of the precinct in which the election district is located, or an oflQcer thereof, who shall forthwith deliver the same, if in the city of New York, to 40 The Election Law. § 32 the board of elections and if in the eity of Buffalo to the commifl-v sJonerof elections, and in cities of the second class, to the county eJerk of the county in which such city is located. The board of elections of the city of New York and the fsaid commissioner of elections and the county clerk in the said cities of the second class shall, as soon as possible after the delivery of suCh lists, and not less than six days prior to the day Of election, print in pamphlet form for each assembly district or ward within suCb respective cities not less than fifty times as maiay copies of said list as there are election districts in such assembly district or ward, so that each assembly district or ward pamphlet shall contain the lists of the several election dist]?icts in such assembly district or ward. Upon the written application of the chair- man of the executive committee of the county committee of any political party entitled to a separate column upon the official ballot to be voted in such city at the election for whith the registration is made, the said board and said commissioner of elections and said county clerk shall respectively deliver to such Chairman five copies of each assembly district or ward pamphlets for each election district within such assembly dis- trict or ward in such county. Two pamphlets containing the lists 6f the registered persons in the election districts within his precinct shall be furnished to each police captain in such cities, and it shall be the duty of such police captains to forthwith cause an investigation of each name registered to be made and to report to his commanding officer and to the board of elections and to the said commissioner of elections any case of false regig. tration found in his precinct. The remaining pamphlets so printed shall be distributed in the discretion of the said board, and said commissioner of elections and said county clerii, who shall have respectively the power to charge for each pamphlet a sum not exceeding ten cents a copy and any moneys resulting from the sale thereof shall be paid to the comptroller of the city for the benefit of the treasury of such city. The' board of elec- tions shall contract for the printing of such lists of registered yOters with whomsoever it may seem to said board to be most § 33 Eegistration op Electors. 41> aidvantageoTis to so coBtraiet; but sueh contract shall on'ly be awarded after proiper publie notice and to the lowest btdder. Suehi lists shall ■ b© made and printed as near as may be in the following foiPJn, to wit : GRAND STREET. Residence n-uniiber ot other deeigoatieH.' Name of voter. 14 Smith,' John M. 15 Jones, Charles M.- (Thus amended hy L. 1901^ dhaop. 95y and L. IQOSy chap. 643.) § 33. Method of registration. — Subdivision 1. In cities and in villages having five thousaiid' inhabitants or more, the names of such persons only as personally appear bef6i!« the inspectors, and' who are or- who will be at the election for which the registration ia made, qualified electors-, shall be enrolled upon the register at a meeting' forregistration' for a generialelection, extept thkt when- ever any electi®n"di strict in a village haVin'g five thousand inhabi- tants or more shall embi'ace within its boundaries, territory with- , out the limits of such' village, the inspectors shall, at th'eir' first' meeting for registration for a general election place u'pon such register the names of all persons appearing on the register of the last preceding^ general election',- who resided without the limits of ' such village^ but within the election district, who voted at such'' last preceding general election, except the names of such electors who are proven to the satisfaction of such inspectors to have ceased to be electors since such general election, or havfe nloved within the limits of such^ village. They shallalso place upon such register, at 'their' first and subsequent meetings, the names of all other persons known or proven to their satisfaction; whO" are or will be entitled to vote at the election, who reside within such election diistrict, but without the limits of such city or vil- lage. Subdivision 2. At the first meeting for registration in all election districts where only two meetings for the enrollment 42 The Election Law. § 33 of electors are held for any general election, as provided in section thirty of the election law, the inspectors shall at such first meeting, place upon the register the names of all persons who voted at the last preceding general election, as shown by the register or poll book of such election, except the names of such electors as are proven to the satisfaction of such inspectors to have ceased to be electors in such districts since such general election, and also at said first meeting and at the second meeting, they shall place on the register the names of all persons known or proven to the satisfaction of the inspectors, who are, or will be, entitled to vote at the election for which such registration is made. {R&humhered hy chap. 630, L. 1899.) Subdivision 3. At the meeting of the board of inspectors in a city, or village having five thousand inhabitants or more, for revising and correcting the register for any election other than a general eleG,tion, the inspectors shall retain upon the register of, their respective districts, the names of all persons qualified to ivote at^nch election in such district, which appear upon the register of ejjectors for the last preceding general election in such election district, except the names of such electors as are proven to the .satisf g-ction of the inspeators to have ceased to be electors of such district since their names were placed upon such register, and; shall,. at such meeting, add only to such register the names of- the persons, qualified .as electors, who shall personally appear before t^iebofird.. If,^ however, such elector resides within such election district, but wi;thout fhp limits of such village, his name ^^^'i^^^? P.'^^^®'^ ^PO'i ™'^''i register, if it is shown to the satisfac- tion, of .such board; that he is entitled to vote therein. In cities of the first class any, elector who was enrolled upon the register in an election district, of, such city at the last preceding general *'^'^*J*!"^'^^^*J''Yl'^*'^.i^c^ that time shall have removed into another election dis,trict in the, same city, and who is otherwis^ quali- fied to vote at such special election, shall, upon demand, receive from the board of inspectors of the district in which his name was enrolled for such last preceding general election, a certifi- cate duly signed by the said board of the fact that his name was § 34 Registration of Electors. 43 upon such register, and has been erased therefrom because of such removal, and his name shall thereupon be erased from such register. Upon presentation of such certificate by the elector to the board of inspectors of the election district in which he re- sides, his name shall be placed upon the register for such district. The inspectors must note upon the register opposite the name of such elector, the fact of such certificate of removal, specifying the election district from which he has removed. They shall carefully attach such certificate to the register. No elector shall cause his name to be placed upon the register of an election district for any election other than a general election, while his name shall appear upon the register of another district to be used at such election. Any person who shall violate this provi- sion is guilty of a felony, and upon conviction shall be punished by imprisonment in a state prison for not less than two or more than five years. In all election districts other than in cities or in villages of five thousand inhabitants or more, the board of inspectors in preparing for an election other than a general election shall add to the register for the last preceding general election, the names of such electors as they know are or are satisfied by proof will be, on the day of such election, entitled to vote thereat, and shall strike therefrom the name of all per- sons whom they know or are satisfied by proof have ceased to be qualified electors of such election district. No registration of electors shall be required for town or village elections. {Re- numbered hy chap. 630, L. 1899.) § 34. General provisions. — Subiliivision 1. — Qualification of elector. — A person is a qualified elector in any election district for the purpose of having his name placed on the register if he is or will be, on the day of the election, qualified to vote at the election for which such registration is made. A qualified elector is a male citizen who is or will be. on the day of election twenty- one years of age, who has been an inhabitant of the state for one year next preceding the election, and for the last four months a resident of the county, and for the last thirty days a resident M The Election Law. § 34 fff ibe election district in which he may offer his vote. If a patliralized citizen, he must, in addition to the rforegoing proyi- ^iojjs, liaye been naturalized at least ,ninety d^ys pripr to the day 9f elec1;ion. i&ubdivision 2. For the purpose of registering and voting no person shall be deemed to have gained or lost a residence, by reason of his presence or absence while employed in the service of the itlnited States, nor while engaged in the navigation of the waters of this state, or of the United States, or of th« high seas; nor wbile a student of any seminary of learning; nor while kept at any almshouse or other asylum, or institution wholly or partly supported at publifc expense, or by charity; nor while confined m any public prison. Any person claiming to belong to any class of persons mentioned and referred to in this subdivision shall file with the board of inspectors at the time of registration a written statement showing where he is actually domiciled, his biiisiness or occupation, his business address, and to which class he claims to belong. Such statement shall be attached to the register, and be open for public inspection, and the fact thereof shall be noted in the register opposite the name of the person so enrolled. S'ubdivision 3. Illiterate and disabled electors. — If, at any meet- ing for the registration of electors, any person entitled to be registered and of whom personal registration is required, shall declare to the board of inspectors at the time he applies for registration, that he is unable to write by reason of illiteracy, or that he will be unable to prepare his ballot without assistance by reason of blindness, or of such degree of blindness as will prevent him, with the aid of glasseSj from seeing the name^ printed upon the official ballot, loss of both hands, or such total inability of both hands that he cannot use either hand for ordi^ narj' purposes, or that he will be unable to enter the voting booth without assistance by reason of disease or crippled condi^ tion, the nature of which he must specify, it shall be the duty of the said board of inspectors to administer an oath to such person in the following language, namely : " You do solemnly swear (or § 34 Registration op Electors. 45 affirm) that you will be unable to prepare your ballot without assistance, because," and after the word "because," continuing with a statement of the specific disease or crippled condition assigned by the person as the cause of his alleged disability/ and the said inspectors and each of them shall make a note upon the register of each instance in which such oath is administered, and of the cause or reason so assigned. Subdivision 4. If any elector after being enrolled, shall change his place of residence within the same election district, he may appear before the board of inspectors of such district on any day of registration, or on the day of election, and state under oath that he has so changed his residence, and the board of in- spectors shall thereupon make the proper correction upon the register of such district. Subdivision 5. No part of a day fixed for the registration of electors shall be deemed a holiday so as to aifect any meeting or proceeding of the board of inspectors for registration. Subdivision 6. Challenges to applicants for registration. — The secretary of state shall prepare and cause to be printed on good writing paper in book form wherever he deems it desirable for the best interests of the state, at least one hundred blank chal- lenge affidavits for each election district in cities and at least fifty such blanks for each election district outside of cities and shall transmit to each county clerk, board or other officers to whom or which he is required to deliver the register of electors and at the same time and in the same manner as such register of electors are transmitted a sufficient number of such books of blank challenge affidavits as shall provide one such book for each board of inspectors in each county, and such officers shall transmit the said books to the respective boards of inspectors in the same manner and at the same time as the register of electors. The secretary of state shall also furnish to such clerk or board an additional number of such books of challenge affidavits, and copies thereof as hereinafter provided, ^hicb in bis Judgm^iit ?ive u^c^mvj to repl£|,cp Igst or damage^ 46 The Election Law. § 34 books and to provide extra books to any election district in which the supply may be exhausted during the registration of electors. Such extra books shall be furnished by such clerk or board to the inspectors upon application by the inspectors or any citizen. Each challenge aflSdavit shall have a stub at- tached thereto and separated from such afiSdavit by a perfo- rated line with a space on such stub for writing the name and the address of the challenged person and both the stub and afiS- davit shall bear the same printed number and shall be numbered in consecutive order therein, beginning with number one. Such challenge afiSdavit shall be printed in the following form, to wit : (Stub) Name of applicant Address ._. . (Perforated line.) CHALLENGE AFFIDAVIT. State of New York County of p"^' Election District Assembly District of Ward. City (or town) of What is your true name Where do you actually reside? Under what name are you known at that address? Are you a householder ? What is the name of the householder with whom you reside? What is the character of the house in which you reside? (By character is meant whether it is a hotel, lodging house, tene- ment furnished room house, or private dwelling.) How old are you?. . . . Where were you born ? . § 34 Registration of Electors. 47 If naturalized, give name of court issuing and date of certifi- cate? What is your occupation ? What is the name of your present employer? Where is his place of business ? What is the name of your last employer? Where is or was the place of business? When did you last register or vote? From what address did you last register or vote from ? City or town Street and number How long have you been an inhabitant of this state? How long have you been a resident of this county? How long have you been a resident of this election district? Are you married or single? If married, where does your family reside? ; If single, where do your parents reside? How long do you contemplate residing in this election district? Give place or places by street and number, the city, town or village of your residence or residences during the past four months Where did you actually reside immediately jirior to taking up your present residence? Have you been convicted of felony ? If so ; have you been pardoned and restored to all the rights of citienship ? When? By whom? Have you made any bet or wager, or are you directly or indi- rectly interested in any bet or wager depending on the result of the next ensuing election? Have you received or offered to receive, or do you expect to receive, any money or other valuable thing as a compensation or reward for registering or for giving your vote or refraining from voting at the next election ? Have you paid, offered or promised to pay, contributed, offered 48 The Election Law. i ^^ or promised to contribute, to another, to be paid or used, any money or other valuable thing, or made any promise, to influence the giving or withholding of any vote at the next ensuing elec- tion? I, the undersigned, do hereby solemnly swear (or affirm) that the answers to the above questions were given by me and that they are true answers to such questions. (Signature of applicant.) Description of applicant. Height Color of hair Weight Hair on face Color Kind of nose Marks on face or hands Distinguishing maj'ks I, the undersigned, an inspector of election of the above desig- nated election district, do hereby certify that the within named person did on this day, personally appear before the board of inspectors of this election district and did make appli- catidu to have his name enrolled upon the register of electors of this said election district; that he was challenged and was sworn by me and did make the answers set opposite the printed questions upon this affidavit and signed the same in my presence. Dated this day of October, 190. . Name Residence Inspector of election (To be signed by the inspector administering oath to applicant.) Witnesses. Name Residence Inspector of Election. Name Residence Inspector of Election. Name Residence Inspector of Election. (Board of inspectors.) Name of challenger Residence of challenger Any person who applies personally to any board of inspectors for registration for any election may be challenged by any quali- fied elector, present. If such applicant be so challenged^ or ii § 34 Registration of Electors. 49 any memheri of' the board of inspectors shall have reason to sus- pect thaft such applicant is not entitled to have his name enrolled on siucb register, the chairman of the board of inspectors, or any meiBsiber of sach) board is hereby authorized to and shall admin- ister to sneh applicant the following oath : You do solemnly swear (or affirm) that yom will true answers make to the ques- tions touehing upon qualifications as an elector and such other qaestioins as may be put you tending to establish your identity andr one of 1 the. inspectors shall thereupon read to such chal- leiEtged person each and every question printed upon the chal- lenge affidavit herein provided for and shall enter in ink opposite eaeh qioestion the answer thereto given by such applicant. The applicant shall subscribe his name to such challenge affida- vit, which shall also be subscribed to by the inspector adminis- tering the abo-ve oath and as witnesses by the other inspectors present, who shall certify over their names, the fact that the ap- plicant' did apply for registration, that he was duly sworn and that the answers set opposite the printed questions are the true answers given to such questions by the challenged applicant.* In- spectors shall also enter in the place provided on the challenge affidavit a description of the person challenged and the name and address of the person challenging.* If the applicant shall by his answers satisfy a majority of the board of inspectors of his right to be registered, they shall enroll his name as an elector; if not, they shall point out to him the qualifications which he lacks as an elector and. his name shall not be enrolled upon such register except. as provided by section thirty-one of this act, and upon any such proceeding the challenge affidavit of such applicant shall be SBbmitted in evidence to such court, justice or judge. If the ap- plicant shall refuse to make oath to the questions put to him and the answers given thereto by him or shall refuse to answer any question upon the challenge affidavit his name shall not be placed upon the register, or if recorded thereon previous to his ascertained disqualification as an elector, the inspectors shall enter in the remark column after such name the word disqualified and no person shall be allowed to vote on such name at the elec- 4 50 The Election Law. § 34 tion. Any applicant for registration, inspector or other person who shall incorporate or cause to be incorporated any false state- ment in such challenge affidavit shall be deemed guilty of perjury.' At the close of each day of registration the inspectors of election shall detach from the stubs the challenge affidavits signed by the persons challenged during the day and in cities shall deliver them to the police captain of the precinct in which the election district is located or to an officer thereof, and such police captain or com- manding officer of such precinct shall immediately cause an in- vestigation of the truth of such affidavit to be made, and if such investigation shall prove the same to be false in any particular affecting the right of the challenged person to register or vote, the said officer shall deliver the same to the district attorney of the county, together with the evidence of the falsity of such affidavit, and the district attorney shall forthwith present the same to the grand jury of such county. » In election districts outside of cities such affidavit shall be delivered by the inspectors to the sheriff of the county who shall proceed in like manner, provided, however, that in the election districts within the metropolitan elections dis- trict all such challenge affidavits shall be delivered by the police or sheriff forthwith at the close of each day of registration to the state superintendent of elections for the metropolitan elections district, who shall proceed in like manner. When the name of a person who has signed a challenge affidavit, shall be enrolled on the register, the inspectors shall enter in the column headed re- marks on such register opposite such name the word affidavit, giving the consecutive number printed on such affidavit. At the close of the last day of registration the inspectors shall file the book of stubs and unused challenge affidavits with the officer from whom it was received by the inspectors and such officer shall pre- serve it in his office. The secretary of state kkall also furnish for each election district within the metropolitan elections district a duplicate book of challenge affidavits^ but without the stubs ; each of which affidavits shall be printed with the words official copy of above the words challenge affidavit printed thereon, and there shall be printed upon the outside ccver of each such book the § 34 Eegistration of Electors. 51 words copy book of challenge affidavits, together with proper in- structions to the inspectors of election regarding the same as herein provided. Such duplicate books of challenge affidavits shall be delivered to the boards of inspectors of election within the metropolitan elections district at the same time and in the same manner as the original book of challenge affidavits. The inspectors of election, or one of them designated by the chairman of the board, of the election districts within the metropolitan elections district shall, at the time of filling out and signing of any challenge affidavit as heretofore provided, make a duplicate of such challenge affidavit, upon the copy of the clmllenge affi- davit numbered to corresipond with the original challenge affi- davit. The duplicate book of challenge affidavits shall be in the custody of the chairman of the board of inspectors until the close of the polls of the election for which the registration is made, when it shall be filed together with the book of unused original challenge affidavits and stubs in the office of the board or officer delivering the same to the board of inspectors. Except as herein- after provided any person who shall wilfully suppress, alter, destroy or mutilate any signed challenge affidavit or official copy thereof shall be deemed guilty of a felony. The officer or board with whom the original challenge affidavit or copies thereof are filed may destroy the same six months after the date of the elec- tion for which they were made, except those which are to be used in any criminal prosecution. (Thus amended iy chap. 544, L. 1901.) Subdivision 7. Record of challenges. — If, at a meeting of the board of inspectors for registration, any elector shall, upon oath, declare that he has reason to believe that any person on the regis- ter of electors will not be qualified to vote at the election for which the registration is made, the board of inspectors shall place the words " to be challenged " opposite the name of such person, and when such person shall offer his vote at such election, the general oath as to qualification shall be administered to him, and if he shall refuse to take such oath he shall not be permitted to vote. 52 The Election Law. § 34 Subdivision 8. Production of naturalization papers.— It shall- be the duty of every naturalized citizen before being registered to produce to the inspectors, if any inspector shall requiee, hia naturalization papers or a certified copy thereof for their inspec- tion, and to make oath before them that he is the person pur- porting to have been naturalized by the papers so produced, unless such citizen was naturalized previous to the year eighteen hundred and sixty-seven. If, however, such naturalized citizen can no-t for any reason produce his naturalization papeps, or a certified copy thereof, the board of inspectors, or a majority of such board may place the name of such naturalized citizen upon the register of electors upon his furnishing to such board evi- dence which shall satisfy such board of his right to be regis- tered. (Thus amended ly L. 1905, chap. 675.) Subdivision 9. Any person knowingly taking a false oath before the board of inspectors, shall upon conviction thereof be punished as for willful and corrupt perjury. Subdivision 10. Persons excluded from the right of suffrage. — No person who shall receive, accept, or offer to receive, or. pay, offer or promise to pay, contribute, offer or promise to contribute to another, to be paid or used, any money or any other valuable thing as a compensation or reward for the giving or withholding a vote at an election, or for registering or refraining from 'rois- tering as an elector, or whO' shall make any pronuse to influence the giving or vrithholding any such vote or registration, or who shall make or become directly or indirectly interested in any bet or wager depending upon the result of an election, shall vote at such election. No person who has been convicted of a felony shall have the right to register for or vote at any election unless he shall have been pardoned and restored to the rights of citizen- ship. {Added ly chap. 654, L. 1901.) Subdivision 11. When a town or village election is held at the same time with a general election all electors in such town ot village to be entitled to vote at such town or village electioa must be registered as provided by law for the enTOllment of electors for § 35 Registration of Electors. 53 any general election in such town or village. {Added ly chap. 405, L. 1902.) § 35. Subdivision 1. Certification and custody of register. — At the close of each meeting for the registration of electors, for a general or other election in a city, or in an election district wholly within a village having five thousand inhabitants or more, the inspectors shall append to each book of registration their certifi- cate, to the effect that such register as it now is comprising (here insert the number) names, is a true and correct register of the names and residences of all the electors qualified to vote at such election in such district, who have personally appeared before the board of registration, and such registers so certified shall be pre- • sumptive evidence that the names and places of residence con- tained therein are the names and places of residence given by the persons registered respectively. ' At the close of each meeting for the registration of electors for a general or other election else- where than in a city, or in a district wholly within a village hav- ing five thousand inhabitants or more, the inspectors shall append to each book of registration a certificate to the effect that such register as it now is, comprising (here insert the number) names, is a true and correct register of all electors qualified to vote at such election in such district, who have personally applied for registration, or whose names the board was required by law to place thereon. • Each such certification shall be signed by all the inspectors, but in case one inspector required to sign such certificate shall fail for any reason so to do, he may be required by the officer with whom such register is filed to sign such register at a subsequent date. In all cases a majority of the inspectors must sign such certificate at the close of each day of registration, 1 Subdivision 2. Method of entry and filing of registry. — The register of electors made by the chairman of the board of inspect- ors shall be, and shall be known, as the public copy of registra- tion. Such public copy shall be left in a prominent position in the place of registration from the first day of registration until election da^, and ^hal} at al} reasonable tilPes fee open to publi^ 54 The Election Law. § 35 inspection and for making copies thereof. Each other inspector shall carefully preserve his register of electors and shall be responsible therefor, until the close of the canvass of the votes on election day, except as hereinafter provided for in cities of the first class. At the close of each day of registration the inspect- ors shall draw a line in ink immediately below the name of the elector last entered upon each page of each such register. Upon the succeeding day of registration, they shall enter the names of electors in the alphabetical order of the first letter of the sur- name below the line so drawn upon the proper page after the close of the previous day of registration. Upon the close of the last day of registration, the inspectors shall again carefully com- pare all the books of registration, to see that they are identical as to their contents, and shall certify as a board in the proper place provided therefor upon each such register that such regis- ter is a true and correct register of persons enrolled by them in such district for the next ensuing election, and shall state the whole number of such persons so enrolled. In cities of the first class, at the close of the last day of registration, the chairman of the board of inspectors shall take from an inspector of oppo- site political faith from himself, the register of elections made by such inspector, and deliver it to the police, who forthwith shall file the same, if in the city of New York, with the board of elections in the borough, of Manhattan and with the chief clerk of the branch office of the board of elections of each other bor- ough in which the election district is located, and if in any other city with the commissioner of elections. Such registers so filed, shall be a part of the records of the offices in which it is filed. The two other inspectors of opposite political faith from each other shall each retain their respective registers of electors for use on election day. AH registers of electors shall at all reasonable hours be accessible for public examinations and making copies thereof, and no charge of any kind shall be made for such examination or for any elector making a copy thereof. In cities of the first class the public copy of registration shall be used, if necessary, on election day by the inspector whose register § 35 Eegistration op Electors. 55 was filed as herein provided by said chairman. Any person who shall alter, mutilate, destroy or remove from the place of regis- tration the public copy of such registration, shall be guilty of a felony, and shall be punished upon conviction thereof by impris- onment in a state prison for not less than two nor more than Ave years, unless otherwise provided by law. If, in cities, the board of inspectors shall meet on the second Saturday before the election for the purpose of revising and correcting the regis- ter of electors in pursuance of an order of the supreme court, a justice thereof or a county judge, as provided in section thirty- one of the election law, the inspectors shall certify forthwith to the oflScer with whom the copy of the register is filed, the change or changes made upon such register in pursuance of such order. At any revision of registration for an election other than a gen- eral election, the quadruplicate register of electors for the last preceding general election shall be furnished to the inspectors of election by the officer or board having the custody thereof, and the inspectors shall certify to the officer or board in cities of the first class with whom the registers are filed, the changes, additions, or alterations made in such registers for such election, in the cities of the first class at the close of the canvass of the votes of any election, or within twenty-four hours thereafter the two copies of the register of electors used by the inspectors and the public copy thereof shall be filed respectively with the board of elections in the borough of Manhattan and with the chief clerk of the branch office of the board of elections in each other borough of the city of New York, in which the election district is located, and in*the city of Buffalo with the commissioner of elections. In all election districts other than in cities of the first class, one copy of the register used on election day by the inspectors shall within twenty-four hours after the close of the election be filed in the office of the town or city clerk of the town or city in which such election district is, and the other copies with the county clerk except in the county of Erie, and in the county of Erie with the commissioner of elections. It shall be the duty of the officers with whom such registers of the election 56 The Election Law. § 36 districts within the metropolitan elections district are filed, to forthwith file one copy of such register for each election district with the state superintendent of elections for the metropolitan elections district. Such register of electors shall be carefully preserved for use at any election which may be ordered or held in either of such counties or cities, respectively, prior to the next ensuing general election at which they may be required. {Thus amended hy L. 1901, cMp. 95, cmd L. 1905, chap. 643.) Subdivision 3. At the close of registration on the fourth day in the election districts in cities and villages of five thousand inhabitants or more and at the close of registration on the second day in other districts, the board of inspectors shall forthwith certify to the oflBcer or board charged with the duty of furnishing ballots to such district, and in the election districts within the metropolitan elections district to the state superintendent of elec- tions the total number of electors enrolled in such district. In cities inspectors of each district shall also furnish to the police at the close of each day of registration, the total number of electors enrolled on such day, in their respective districts. The police of the cities within the metropolitan elections district shall forthwith at the close of each day of registration file with the state superintendent of elections a certificate showing the total number of electors enrolled therein in the respective election dis- tricts thereof. (Thnis amended ty chap. 630, L. 1899.) § 36. Subdivision 1. Delivery of blank books for registration certificates and instructions. — The secretary of state shall pur- chase whenever he deems it desirable for the best interests of the state, a suitable number of blank Jaooks for register of electors, with blank certificates and brief instructions for registering' the names of electors therein, in the forms respectively provided in subdivisions one and two of section thirty-two of the election law, at least four of such books for each board of inspectors in the state, and such number of extra copies thereof as in his judg- ment may be necessary for each county or city to replace lost or damaged registers before delivery to the inspectors. Such § 36 Registration of Electors. 57 register of electors shall have the leaves thereof indexed with the letters of the alphabet, beginning with the letter "A" for the first leaf, and so on. He shall transmit such registers, certifi- cates and instructions to the county clerk of each county, except the county of Erie and those counties the whole of which are included within the city of New York ; to each such county clerk and to the commissioner of elections of the county of Erie a suflScient number thereof for the use of the boards of inspectors within his county and to the board of elections of the city of New York, located in the borough of ManhattE^n ; and to the chief clerk of the branch office of the board of elections in each other borough within the city of New York a sufficient number thereof for the use of each board of inspectors within said respective I boroughs at least twenty days prior to the first day of registra- tion for a general election in each year. The county clerk, or said commissioner of elections as the case may be, shall deliver such books to the town clerks of each town, and to the city clerk of each city in such county, except the city of Buffalo, by mail or otherwise, at least five days prior to the first day of registration, and such town clerk and city clerks, and the said board of elec- tions and chief clerks of branch offices of the board of elections in the city of New York and in the city of BufiEalo the commissioner of elections shall deliver such books to the inspectors of said boroughs, respectively, before the hour set for registering the names of electors on the first day of registration. On each day of registration, the board of elections of the city of New York, and in the city of Buffalo the commissioner of elections shall furnish to each board of inspectors in their respective cities, blanks for the list of electors provided for in subdivision three of section thirty -two of the election law, (Thus amended ty L. 1901, chap. 95, and h. 1905, cha/p. 643.) Subdivision 2. Delivery of previous registers and poll books to inspectors.— Each town clerk with whom the register of the last preceding general election in any election district, elsewhere than in a city or wholly within a village having five thousand inhabitants or more, shall have been filed, shall cause such regis- 58 The Election Law. § 36 ter and one of the poll books to be delivered to the board of inspectors of such district at the opening of its first meeting for the registration for any election. If a new election district shall have been formed in a town since such general election, the clerk of such town shall, before the first meeting for registration there- after in such new election district, make a certified copy of each register for such general election of each election district out of which such new district shall have been formed, and shall cause such certified copy to be delivered to the board of inspectors of such new election district at the opening of such meeting for registration. Such board, at such meeting, shall place upon the register of electors all persons whose names are upon such copies who are qualified to vote in such election district at the election for which such meeting is held, except the names of persons who are required to personally appear for registration. If a new election district • shall have been formed in a city since such general election, the clerk or board with whom the register of electors for such last preceding general election shall have been filed shall, before the meeting of the inspectors of election of such new district for registration for any other election, make a cer- tified copy of each register of electors for such last preceding general election of each election district out of which such new election district is formed, and the inspectors of such new elec- tion district shall, at such meeting for registration for such elec- tion, place upon the register of electors the names of all persons upon such copies who are qualified to vote in such election dis- trict at the election for which such meeting is held. ARTICLE III. Primaries, Conventions and Nominations. Section 50. Definitions of primary and convention. 51. Notice of primary. 52. Organiation and conduct of primaries, 53. Qualifications of voters at primaries, 54. Duties of vhmmm of primary, §§ 50, 51 Primaries, Conventions and Nominations. gft Section 55. Watchers and canvass of votes at primaries. 56. Party nominations; choice of emblems for ballot. 57. Independent nominations. 68. Places of filing certificates of nominations. 59. Times of filing certificates of nominations. (10. Certification of nominations by secretary of state. 61. Publication of nominations. 62. Lists for town clerks and aldermen. 63. Posting town and village nominations. 64. Declination of nomination. 65. Objections to certificates of nominations. 66. Filling vacancies in nominations; correction of certificates. Section 50. Definitions of primary and convention. — As used in this article, a convention is an assemblage of delegates represent- ing a political party or independent body, duly convened for the purpose of nominating candidates for office, electing delegates to conventions, electing oflBcers for party organizations, or for the transaction of any other business relating to the affairs or con- duct of the party or independent body; and a primary is any other assemblage of voters of a political party or independent body duly convened for any such purpose. § 51. Notice of primary. — ^No primary shall be held in a city or village having a population of over five thousand, as shown by the last state or fedteral enumeration, unless at least two days' notice thereof shall be published in a daily newspaper in such city or village, of the same politics with the political party giving the notice at least twice ; but if no such newspaper is published in the same city or village where such primary is to be held, such notice shall be published in a weekly newspaper, if any, in such city or village of the same politics of the political party giving the notice before such primary is held. But if no such daily or weekly newspaper be so published in such city or village, such notice shall be posted in at least six public places in such city or village at least two days prior to the holding of such primary. Such primary shall be opened at such hour between nine o'clock in the forenoon and nine o'clock in the afternoon, as may be pre- 66 The Election Law. § 52 scribed by the political party or independent body holding the same. Elsewhere than in such a city or village, every primary shall be called and held pursuant to notice given according to the regulations and usages of the political party or independent body holding it. § 52. Organization and conduct of primaries. — Every primary held by any political party or independent body for the purpose of choosing candidates for oflSce, or the election of delegates to conventions, or for the purpose of electing ofiScers of any political party or independent body, shall be presided over and conducted by oflScers to be selected in the manner prescribed by the rules or regulations of the political party or independent body holding such primary. If the rules and regulations of the political party or independent body calling it so require, or if it shall be, by a vote of the electors present, so resolved, or, if it be in a city or village having a population of over five thousand according to the last preceding federal or state enumeration, and five qualified electors of the district where it is held, belonging to the political party calling it, shall serve upon the secretary or chairman of the general committee of the party, or of its organization in such city or village, or upon the chairman of the district committee, a writ- ten demand, stating that they so require it, the following addi- tional requirements, or such of them as may be specified in such demand, shall be complied with : 1. The chairman and other oflQcers shall take the constitu- tional oath of oflSce. 2. Candidates and delegates and officers of the organization or committee shall be chosen by ballot. 3. The meeting shall be held open not less than one hour for voting thereat. 4. The tellers shall keep a poll list of the name and residence of each person voting, and assist the secretary in the canvass of the votes. 5. An elector gihall be appointed watcher for each candidate or set of candidates or delegates requesting the same. Is 03-S6 t*EIMAEiH!S, CoNVENTIOKS AND NOMINATIONS. 6l 6. The cbairmau shall publicly announce the number of votes cas-t for each cansdidate, and the result of the canvass at the com- pletioB! thereof, and shall, if the primary be held in a city or vil- lage haiviDgJa population of more than five thousand, as shown by the last preceding federal or state enumeration, file a statement of »ueh resalts and the oath taken at such primary, and the poll list feept thereat in the oflQce of the county clerk, if located in such eity or village, an^ otherwise, in the oflSce of the city or village eterk^ and the papers so filed shall be public records and open to inspeeticm and examination by any elector of the state. § 53. Qualifications of voters at primaries. — -No person shall be entitled to vote at any primary unless he may be qualified to vote for the oflQcers to be nominated thereat on the day of elec- tion. They shall possess such other qualifications as shall be authorized by the regulations and usages of the political party or independent body holding the same. § 54. Duties of chairman of primary. — The chairman may administer any oath required to be administered at any primary. He sh-all decide all questions that arise relating to the qualifica- tions of voters when the voter is challenged by an elector and shall r^'ect such vote, unless the person offering the vote is will- ing to be,, and shall be sworn, that he will truly answer all ques- tions put tot him touching his qualification as such voter, and sh«all state under oath that he is qualified to vote at such primary. § 55. Watchers and canvass of votes at primaries. — The ballot box used at any primary shall be examined by the secre- tary and by the tellers, if any, in the presence of the watchers, if any, before any ballots are received to see that there are no bal- lots therein. Such watchers are entitled to be present from the commencement of the primary to the close of the canvass, and the signing of the certificates thereof. At the close of the can- vass of thte ballots cast for each candidate, the secretary shall publicly announce the vote and the result of the canvass. § 56. Party nominations; choice of emblems for ballot. — Nominations made as provided by this section shall be known as 62 The Election Law. § 56 party nominations, and the certificate by which such nominations are certified shall be known as a party certificate of nomination. Party nominations of candidates for public office can only be made by a convention, or by a duly authorized committee of such convention of a political party which at the last preceding general election before the holding of such convention at which a governor was elected, cast ten thousand votes in the state for such ofQcers; provided, however, that party nominations of can- didates for public oflSce to be voted for only in a town, or ward of a city, or a village or subdivision thereof, can only be made by a convention or primary or by a duly authorized committee of such convention or primary of a political party, which, at the last pre- ceding general election before the holding of such convention or primary at which a governor was elected cast ten thousand votes in the state for .such officer. The party certificate whereby such party nominations are certified shall contain the title of the offlce for which each person is nominated, the name and residence of each such person, and, if in a city, the street number of the residence of each such candidate and his place of business, if any. It shall also designate, in not more than five words, the name of the political party which the convention, primary or committee making such nomina- tion represents. It shall be signed by the presiding ofBcer and a secretary of such convention or primary, or, if made by a commit- tee, by a majority of the members thereof, who shall add to their signature their respective places of residence, and shall make oath before an officer qualified to take afSdavits that the aflQants were such officers of such convention or primary, or that they are members and constitute a majority of such committee, and that such certificates and the statements therein contained are tj-ue to the best of their information and belief. A certificate that such oath has been administered shall be made and .signed by the offi- cer before whom the same was taken, and attached to such cer- tificate of nomination. When the nomination is made by a com- mittee, the certificate of nomination shall also contain a copy of the resolution passed at the convention or primary which author- § 56 Primaries, Conventions and Nominations. 63 ized such committee to make such nomination. A certificate of nomination filed pursuant to this section may upon its face ap- point a committee of one or more persons for the purposes speci- fied in section sixty-six of this act. When a party nomination is made by a state convention of a candidate or candidates to be voted for by the electors of the entire state, it shall be the duty of such convention to select some simple device or emblem to designate and distinguish the candidates of the political party making such nominations or nomination. Such device or emblem shall be shown by a representation thereof upon a certificate signed and duly executed by the presiding oflScer and a secretary of said convention, which certificate shall be filed with the secre- tary of state, and such device or emblem, when so filed, shall in no case be used by any other party or independent body. When any independent body shall make a like nomination, as provided by the fifty-seventh section of this act, it shall be the duty of the persons who shall sign and execute the certificate of nomination of such candidate or candidates, to likewise select some simple device or emblem to designate and distinguish the candidate of such independent body making such nomination, and such device or emblem shall be shown by the representation thereof upon a cer- tificate signed and duly executed by the proper parties authorized for that purpose. J The device or emblem so chosen, when filed as aforesaid, shall be used to designate and distinguish all the candi- dates of the same political party or independent body nominated by such political party or independent body, or duly authorized committee, or primary thereof, in all districts of the state and shall continue to be used to designate and distinguish the candi- dates of such political party or independent body in all dis- tricts of the state until changed by the state convention of the political partj' or independent body choosing such device or em- blem. The device or emblem chosen, as aforesaid, may be the representation of a star, an animal, an anchor, or any other appro- priate symbol, but neither the coat of arms nor seal of any state, nor of the United States, the national, state or national flag, nor mj religious emblem or symbol, nor the por- ^4 The Election Law. § ^" trait of any person, nor a representation of a coin or of the currency of the United States shall be chosen as »mh distinguishing device or emblem. If the certificate of nomination of two or more different political parties or independent , bodies shall designate the same, or substantially the same, device or em- blem or party name, the oflQcer with whom the certificates of nom- inations are filed shall decide which of said political parties or independent bodies is entitled to the use of such devi<»,.or em- blem, or party name, being governed as far as may be in his deci- sion by priority of designation in^the case of the device or em- blem, and of use in the case of the party name. If the other nom- inating body shall present no other device or party name after such decision, such officer shall himself select for such other nom- inating body another device or party name, so -that no two difier- ent parties shall be designated by the same device or, party name. If there be a division within a party, and two or more factions claim the same, or substantially the same device or name, the officer aforesaid shall decide between such conflicting claims, giv- ing preference of device and name to the convention or primary, or committee thereof, recognized by the regularly . constituted party authorities. Any questions arising with reference to any device, or to the political party or other name designaited in any certificate of nomination filed pursuant to the provisions of this section, or of section fifty -seven pf this article, or with reference to the constructidn, validity or legality of any such certificate, shall be determined in the first instance by the officer with whom such certificate of nomination is filed. Such decision shall be in writing, and a copy thereof shall be sent forthwith by mail by such officer to the committee, if any, named upon the face of such certificate, and also to each candidate nominated by any certifi- cate of nomination affected by such decision. The supreme court, or any justice thereof, within the judicial district, or any county judge within his county, shall have summary jurisdiction upon complaint of any citizen, to review the determination and acts of such officer, and to make such order in the premises as justice maj require^ but the fln^} order must be made or qj- before the § 57 Primaries, Conventions and Nominations. 65 last day fixed for filing certificates of nomination to fill vacancies with such officer as provided in subdivision one of section sixty- six of this article. Such a complaint shall be heard upon such notice to such ofiClcer as the said court or justice or judge thereof shall direct. If any certificate of nomination of candidates to be voted for by the electors of the entire state, filed jvith the secre- tary of state, pursuant to the provisions of this act, shall omit to designate a device or emblem to distinguish the candidates of the political party or independent body making such nomination, it shall be the duty of the secretary of state to select a device or emblem for that purpose, and such device or emblem so chosen shall be used to distinguish all candidates of that party or inde- pendent body throughout the state, whether such candidates are nominated for state, or for local offices; and if any certificate of nomination of candidates to be filled by the electors 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 polit- ical party or independent body which has made no nomination of candidates for offices to be filled by tie electors of the entire state, and such certificate of nomination shall omit to designate a device or emblem to distinguish the candidates nominated in such certifi- cate, 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. {Thus amended iy chap. 654, L. 1901.) § 57. Independent nominations.^-Nominations made as pro- vided by this section shall be known as independent nominations, and the certificate whereby such nominations are made shall be known as an independent certificate of nomination. Independent nominations of candidates for public office to be voted for by all the electors of the state can only be made by six thousand or more voters of the state; provided, however, that in making up such number at least fifty electors in each county of the state (the counties of Fulton and Hamilton to be considered as one county) shall subscribe to the certificate provided for in this section. Independent nominations of candidates for municipal offices to 5 66 The Election Law. § 57 be voted for by all the electors of a municipality can only be made if in a city of the first class by two thousand electors of such city; if in cities of the second class by one thousand electors of such city, and in other cities by five hundred electors thereof. Independent nominations of candidates for a county oflSce in a county in which there is a city of the first class can only be made by two thousand electors of such county. Independent nomina- tions of candidates for public ofi&ce other than municipal offices to be voted for in a district less than the whole state, but greater than a town or ward of a city, can only be made by one thousand electors or more of the district, except that five hundred voters or more of an assembly or school commissioner district, may make such nomination for member of assembly or school commissioner to be voted for in such district. Independent nominations of candidates for public office to be voted for only by the electors of a town, or a ward of a city, or a village, can only be made by one hundred electors or more of such town, ward or village, except that when such town, ward or village constitutes an assembly or school commissioner district, five hundred or more electors shall be required as above to make such nomination for member of assembly or school commissioner. Independent nominations shall be made by certificate subscribed by such electors, each of whom shall add to his signature his place of residence and make oath that he is an elector and has truly stated his residence. The making of the said oath shall be proved by the certificate of the notary or other officer before whom the said oath is taken, and it shall be unnecessary for an elector who has subscribed a certifi- cate of nomination as herein provided, to sign any affidavit as to the matter to which he has made oath as aforesaid. The certifi- cate hereinbefore provided for of the notary or other officer shall be in the following form substantially: State of New York, ) County of j On the day of in the year before me personally came (here shall be inserted the names of fiach and every elector appearing and making oath before the § 57 Primaries, Conventions and Nominations. 67 said oflScer), each of whom was to me personally known and known by me to be the elector whose name and place of residence is subscribed by him to the foregoing certificate and each of the foregoing electors being by me duly and severally sworn did make oath that he is an elector and has truly stated his residence, and that it is his intention to support at the polls the candidacy of the person or persons nominated for public oflfice in the foregoing certificate of nomination. (Signature and official title.) The certificate of nomination and each separate paper thereof, if there be more than one such paper, shall contain the following declaration which shall be subscribed to by the signers thereof: We the undersigned duly qualified electors of the district for which the nomination for public office is hereby made under the provisions of section fifty-seven of the election law do hereby declare that it is our intention to support at the polls the can- didacy of the person or persons herein nominated for public office. The certificate shall also contain the titles of the offices to be filled, the name and residence of each candidate nominated, and if in a city, the street number of such residence and his place of business, if any; and shall designate in not more than five words the political or other name which the signers shall select, which name shall not include the name of any organized political party. All independent certificates of nomination shall, upon their face, designate and select a device or emblem to represent and distinguish the candidate of the independent body making such nominations, as provided, by the fifty-sixth section of this act. A certificate may designate upon its face, one or more persons as a committee to represent the signers thereof, for the purposes specified by section sixty-six of this act. The signatures to the certificate of nomination need not all be ap- pended to one paper. No person shall join in nominating more candidates for any one office than there are persons to be elected thereto, and no certificate shall contain the names of more can- didates for any office than there are persons to be elected to such office. (Thits amended iy chap. 654, L. 1901.) 68 The Election Law. § 58 § 58. Places of filing certificates of nomination.— Certificates of nominatioii of candidates for office to be filled by the electors 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 ofiice 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 couuty clerk of Hamilton county, so long as the said counties constitute one as- sembly district, and except that certificates of nomination of can- didates for offices to be filled only by the electors or a portion of the electors 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 electors, 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 nomi- nation shall be filed, one with the commissioner of elections and one with the clerk of the town in which such offlceus 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 § 59 Primaries, Conventions and Nominations. 69 the candidates so nominated are to be voted for, and in the county of Erie all such certificates, including certificates for the nomi- nation of" ward and city oflicers in the city of Buffalo, shall be filed with the commissioner of elections. All certificates and corrected certificates of nomination, all objections to such certifi- cates and all declination of nominations 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 or papers 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 political party or independent body making such nomination; and in which shall also be stated all declina- tions of nominations or objections to nominations, and the time of filing each of the said papers. {Thus amended ty L. 1901, chap. 95, L. 1902, chaps. 241 and 405, and L. 1905, chap. 643.) § 59. The times of filing certificates of nomination. — The dif- ferent 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 days 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 nomina- tions, at least twenty, and not more than thirty-five days ; those required to be filed with a town or village clerk, if party nomina- tions, at least fifteen and not more than twenty days; if inde- pendent 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, 70 The Election Law. §§ 60, 61 certificates of nomination for town oflacers, shall be filed with the town and connty 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 four of the election law, the certificates of nominations for the ofQce or offices to be filled at such special election shall be filed with the proper officer or boards not less than fifteen days before such special election. ( Thus amended hy L. 1901, chap. 95, L. 1902, chap. 405, and L. 1905, chap. 643.) § 60. 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 are 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 nomi- nated in any certificate so filed for whom the electors 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. {Thiis amended ly L. 1901, chap. 95, and L. 1905, chap. 643.) § 61. 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 cpunty of Erie, and in the county of Erie the commissioner of elections, shall cause to be published in not less than two or more than four newspapers within such county, one of which shall be a daily newspaper, if a daily newspaper is pub- lished in such county, and in any county having one hundred thousand or more inhabitants, adjoining a city having a popula- § 61 Primaries, Conventions and Nominations. 71 tion of one million or more, in not less than six nor more than ten newspapers, a list of all nominations of candidates for oflSces other than town oflSces 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 t)oroughs 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 Bi'ooklyn 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 resi- dence, 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 facsimile of the emblems or devices selected and designated as prescribed by the fifty-sixth and fifty- seventh sections of this act, 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 publi- cations shall be made in a newspaper which advocates the prin- ciples 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 news- paper 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 4 72 „^ «- The Election Law. §§ 62, 63 large circulation within such county or city. In making ad- ditional 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 publi- cation 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 tc 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. (Thus amended hy L. 1901, chap. 95, L. 1904, chap. 74, and L. 1905, chap. 643.) § 62. 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 designa- tion, and also a facsimile of the emblem or device of each politi- cal party, or independent body nominating candidates to be voted for by the electors of the respective towns and wards. Such lists shall, -at least three days before the day of election be conspicu- ously 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 shall be at each polling place. [Thus amended ly L. 1897, chap. 379, and L. 1905, chap. 643.) § 63. 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 § 64 Primaries, Conventions and Nominations. 73 time other than the day of the general election, to be conspicu- ously 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 meet- ing or village election. (Thus amended ly L. 1905, chap. 643.) § 64. Declination of nomination. — The name of a person nom- inated 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 acknowl- edged, 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 elec- tions 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 elec- tion. 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 nomina- tion to a town office in towns where town meetings are held at the time of general elections must be filed in the office of the county clerk, and if in the county of Erie in the office of the commissioner of elections-, within the time required by this section for filing the declination of nomination to a county office, and the county clerk or the said commissioner shall forthwith notify the town clerk in writing of such declination. The officer to whom such notification is given, shall forthwith inform by mail or other- wise, the committee, if any, appointed on the face of such certifi- cate as permitted by sections fifty-six and fiftysseven of this act, 74 The Elbciion Law. §§ 65, 66 and otherwise one or more persons whose names are attached to such certificate, that the nomination conferred by such certifi- cate has been declined and if such declination be filed with the secretary of state, such officer shall also give immediate notice by mail or otherwise, that such nomination has been declined, to the several county clerks or other officers, authorized by law to pre- pare official ballots for election districts affected by such declina- tion. {Thus amended hy L. 1901, chap. 95, L. 1S02, chap. 405, and L. 1905, chap. 643.) § 65. Objections to certificates of nomination. — A written ob- jection to any certificate of nomination may be filed with the officer with whom the original certificate of nomination is filed within three days after the filing of such certificate. If such ob- jection be filed, notice thereof shall be given forthwith by mail to the committee, if any, appointed on the face of such certificate for the purposes specified in section sixty-six of this act, and also to each candidate placed in nomination by such certificate. The questions raised by such written objection shall be heard and de- termined as prescribed in section fifty-six of this act; § 66. Filling vacancies in nominations, and correction of certifi- cates. — Subdivision 1. If a nomination is duly declined, or a candidate regularly nominated dies before election day, or is found to be disqualified to hold the office for which he is nomi- nated, or if any certificate of nomination is found to be defective but not wholly void, the committee appointed on the face of such certificate of nomination, as permitted by sections fifty-six and fifty-seven of this act, may make a new nomination to filj the vacancy so created, or may supply such defect, as the case may be, by making and filing with the proper officer a certificate set- ting forth the cause of the vacancy or the nature of the defect, the name of the new candidate, the title of the office for which he is nominated, the name of the original candidate, tlie name of the political party or other nominating body which was in- scribed on the original certificate and such further information as is required to be given by an original certificate of nomina- § 66 Primaries, Conventions and Nominations. 75 tion; except that where a certificate is filed pursuant to this section to fill a vacancy it shall not be lawful to select a new emblem or device, but the emblem or device chosen to represent or distinguish the candidate nominated by the original certifi- cate shall be used to represent and distinguish the candidate nominated, as provided by this section. The certificate so made shall be subscribed and acknowledged by a majority of the mem- bers of the committee, and the members of t^e committee sub- scribing the same shall make oath before the officer or officers before whom they shall severally acknowledge the execution of the said certificate that the matters therein stated are true to the best of their information and belief. Except in a case pro- ■ vided for in subdivision two of this section, the said certificate shall be filed in the office in which the original certificate was filed, at least six days before election, if filed in the office of a town or village clerk; at least fifteen days before the election, if filed with the county clerk or the board of elections of the city of New York, or the commissioner of elections of the county of Erie, or the city clerk of any city; and at least fifteen days if filed with the secretary of state, and upon being so filed shall have the same force and effect as an original certificate of nomination. When such certificate is filed with the secretary of state, he shall, in certifying the nomination to the various county clerks and other officers, insert the name of the person who has been nominated as prescribed by this section, instead of that of the candidate nominated by the original certificate, or, if he has already sent forward his certificate, he shall forth- with certify to the proper clerks and other officers, the name of the person nominated as prescribed by this section, and such other facts as are required to be. stated in a certificate filed pur- suant to this section. When no nomination shall have been originally made by a political party, or by an independent body for an office, or where a vacancy shall exist, it shall not be lawful for any committee of such party or independent body authorized to make nominations, or to fill vacancies, to nominate or substi- tute the name of a candidate of another party or independent 76 The Election Law. § 66 body for such office; it being the intention of this act that when a candidate of one party is nominated and placed on the ticket of another party or independent body, such nomination must be made at the time and in the manner provided for making original nominations by such party or independent body. ( Thus amended ly L. 1901, chap. 95, and L. 1905, chaps. 49 and 643. Chapter 49 inserted the words " or the attempt to nominate at a primary results in a tie vote;" tut this amendment was superseded by chapter 643.) Subdivision 2. In case of the death of a candidate after the official ballots have been printed, and before election day, the ■ vacancy may be filled by filing the proper certiflrcate of nomi- nation of a candidate to fill such vacancy, with the officer or board with whom the original certificate was filed, and it then shall be the duty of the officer or board furnishing the official ballots to prepare and furnish to the inspectors: of election in the election districts affected adhesive pasters containing the name of the candidate nominated to fill the vacancy, and the title of the office for which he was nominated. The pasters shall be of plain white paper, printed in plain black ink and in the same kind of type used in printing the titles of the offices and the names of the candidates upon the official ballots, and shall be of a size as large and no larger than the space occupied upon the official ballot by the title of the office and the name of the candidate whose place the candidate named upon the paster has been nominated. If the candidate be one of a group of candidates, such official paster shall contain the name of the candidate but not the title of the office. Whenever such pasters are provided, the officer or board furnishing them shall certify to the inspectors of election in .the election districts affected by the vacancy, the name of the original candidate, the name of the new nominee, the title of the office for which the nomination is made, and the name of the political party or independent body making the nomination, and shall state the number of pasters furnished, which numbers shall be equal to the number of official ballots furnished for such district. Upon the delivery of said § 80 Official and Sample Ballots^ etc. 77 pasters, the inspectors of election shall sign a receipt for the same, which receipt shall be retained by the officer or board furnishing the pasters, and shall be part of the record of his or their offlce. The inspectors shall deliver the pasters to the ballot clerks, who are required to afQx one of such pasters in the proper place and in a proper manner upon each official ballot before said ballot shall be delivered to a voter. When so affixed to the official ballot, the pasters shall be considered as being part of the official ballot. The ballot clerks shall in- clude in their statement of ballots a statement showing the num- ber of pasters received by them, the number of 'pasters affixed to official ballots and the number of unused pasters returned by them, the unused pasters to be enclosed in the package of ballots not delivered to voters. The use of any paster upon the official ballot otherwise than as herein provided is hereby de- clared a felony, punishable by imprisonment in a state prison for not less than one or more than five years. ARTICLE IV. Official and sample ballots, instruction cards and stationery. Section 80. Official ballots for elections. 81. Form of general ballot. 82. Form of ballot for questions submitted. 83. Sample ballots, instruction cards and stationery, 84. Blank forms for election officers. 85. Number of official ballots. 86. Officers providing ballots and stationery. ', 87. Distribution of ballots and stationery. 88. Errors and omissions in ballots. , 89. Unofficial ballots. § 80. Official ballots for elections. — Official ballots shall be provided at public expense at each polling place for every elec- tion at which public officers are to be elected directly by the people, except an election of school district officers or school officers of a city or village at which no other public officer is to 78 The Election Law. § 81 be elected, and except an election of officers of a fire district outside of cities and incorporated villages, at which excepted elections any form of ballots which may be adopted and used by the meeting at which such election shall be had shall be legal. (Thus amended hi/ chap. 609, L. 1897.) § 81. Form of general ballot. — There shall be provided at each polling place at each election at which public officers are voted for, but one form of ballot for all the candidates for public office, and every ballot shall contain the names of all the candi- dates whose nominations for any office specified on the ballot have been duly made and not withdrawn, as provided in this act, together with the title of the office arranged in tickets under the titles of the respective political parties or independent bodies, as certified in the certificates of nomination. All ballots shall be printed in black ink on clear white, book paper, free from ground wood, five hundred sheets of which, twenty-five by thirty- eight inches in size, shall weigh sixty pounds, and which shall test for that size and weight at least twenty points on a Morrison tester. Every such ballot printed in accordance with the pro- visions of this act, shall contain a party device for each political party represented on the ticket in accordance with the provisions of section fifty-six of this act. The arrangement of the ballot shall, in general, conform as nearly as practicable to the plan hereinafter given. The list of candidates of the several parties shall be printed in parallel columns, each column to be headed by the chosen device of such party, and the party name or other designation in such order as the secretary of state may direct, precedence, however, being given to the party which polled the highest number of votes for governor at the last preceding gen- eral election for such officer, and so on. The number of such columns shall exceed by one the number of separate tickets of candidates to be voted for at the polling place for which the ballot is provided, except as otherwise provided in this section. The party name shall be printed in display, the name or desig- nation of the office in brevier lower case, and the name of the § 81 Official and Sample Ballots^ etc. 79 candidate therefor in brevier capital type. The title of the oflSce, together with the name of the candidate therefor shall be printed in a space one-half inch in depth, and at least two inches in width defined by light horizontal ruled lines, with a blank space on the left thereof, one-fourth of an inch wide, inclosed by heavier dark lines, which space (called the voting space) shall be of the same depth as the space containing the title of the office and the name of the candidate ; provided, however, that when two or more persons are to be voted for, for the same office, for the same term, on the same party ticket, as for instance, presidential electors, the title of the office shall be printed in the first space only, which space shall be half an inch in depth and the several spaces in which only such candidates' names are printed, and the voting spaces to the left thereof, shall each be one-fourth of an inch in depth between the horizontal ruled lines. On the right of each ballot shall be a column in which shall be printed only the titles of the offices for which candidates may be voted for by the electors at the polling place for which the ballot is printed. Such column is designated as the " blank column," and in such column the voting spaces shall be omitted, but in all other re- spects such blank column shall be a duplicate of the political party columns upon such ballot. In the space of such column above the heavy ruled line shall be printed in great primer Roman condensed capitals the words " blank column," and below such words shall be printed in brevier capital type the follow- ing : " The elector may write in the column below, under the title of the office, the name of any person whose name is not printed upon the ballot, for whom he desires to vote." At elections at which presidential electors are to be voted for, the names of the candidates for president and vice-president shall be placed on the ticket immediately below the name of the party making the nominations, and above the heavy ruled line preceding the names of the presidential electors, and shall be printed in type known as great primer Roman condensed capitals. The heading of each party ticket, including the name of the party, the device above, and the circle between the device and such name, shall 80 • The Election Law. § 81 be separated from the rest of the ticket by a heavy printed line, and the circle above the name of the party shall be defined by heavier lines than the lines defining the blank spaces before the names of candidates, and such circle shall be surrounded by the following, prinjted in heavy; 'faced nonpareil type: "For a straight ticket, mark within this circle." Provided, however, that in the case of nominations provided for in section fifty-seven of this act, designated as " independent nominations," the ballot shall be so arranged that at the right of the last column for nominations designated in section fifty-six as " party nomina- tions," the several tickets of the names of the candidates in- dependently nominated shall be printed in one or more columns according to the space required, having above each of the tickets the political or other name selected to designate such independ- ent nominations, and the circle and also the device or emblem to represent and distinguish the candidates of the several inde- pendent bodies making such nominations. The independent tickets occupying the same column shall be separated from each other by a solid black line one-eighth of an inch wide. At the top of the column, and above the first emblem in each of such columns for independent nominations, shall be printed in type known as great primer Roman condensed capitals the words " independent nominations." Each column upon the ballot shall be bordered on either side by a broad solid printed line one- eighth of an. inch wide and the edge of the ballot on either side shall be trimmed off up to the border or solid line described. The ballots shall be so printed as to give each elector a clear opportunity to designate by a cross X mark in a large blank circle three-quarters of an inch in diameter, below the device, and above the name of the party at the head of the ticket or list of candidates, his choice of a party ticket and desire to vote for each and every candidate thereon, and by a cross X mark in a blank inclosed space, heretofore designated as the voting space, on the left of and before the name of each candidate, his choice of particular candidates. The ballot shall be printed on the same leaf with a stub, and separated therefrom by' a perforated line. § 81 Official and Sample Ballots^ etc. 81 The part above the perforated line designated as the stub shall extend the entire width of the ballot, and shall be of sufflcient depth to allow the instructions to voters to be printed thereon, such depth to be not less than two inches from the perforated line to the top thereof. Upon the face of each stub shall be printed in type known as brevier capitals the following : " This ballot should be marked in one of two ways with a pen- cil having black lead. To vote a straight ticket, make a cross X mark within the circle above one of the party columns. To vote a split ticket, that is, for candidates of different parties, the voter should make a cross X mark before the name of each candidate for whom he votes. If the ticket marked in the cir- cle for a straight ticket does not contain the names of candi- dates for all oflBces for which the elector may vote, he may vote for candidates for such offlces so omitted, by making a cross X mark before the names of candidates for such offlces on another ticket, or, by writing the names, if they are not printed upon the ballot, in the blank column under the title of the office. To vote for a person not on the ballot, write the name of such person under the title of the office in the blank column. Any other mark than the cross X mark used for the purpose of voting or any erasure made on this ballot, makes it void, and no vote can be counted hereon. If you tear, or deface, or wrongly mark this ballot, return it and obtain another." ^ On the back of the ballot, below the stub, and immediately at the left of the center of the ballot, shall be printed in great primer Roman condensed capitals the words : " Official ballot for," and after the word " for " shall follow the designation of the polling place for which the ballot is prepared, the date of the election, and a fac simile of the signature of the officer who has caused the ballots to be printed. Ballots for town meet- ings not held at the same time with a general election shall be indorsed "Town," and for village elections, "Village." On the back of the stub, and immediately above the center of the indorsement upon the back of the ballot, shall be printed the con- secutive number of the ballot, beginning with " No. 1," and in-' 6 82 The Election Law. § 82 creasing in regular numerical order. All of the oflBcial ballots of the same sort prepared by any ofScer or board for the same polling place, shall be of precisely the same size, arrangement, quality and tint of paper, and kind of type, and shall be printed with black ink of the same tint, so that when the stubs numbered as aforesaid shall be detached therefrom, it shall be impossible to distinguish any one of the ballots from the other ballots of the same sort, and the names of all candidates printed upon the ballot shall be in type of the same size and character. It two or more ofiacers are to be elected to the same oflSce for different terms, the terms for which each is nominated shall be printed upon the bal- lot as a part of the title of the office. If at a general election one representative in congress is to be elected for a full term, and another to fill a vacancy, the ballots containing the names of the candidates shall, as a part of the title of the oflSce, designate the term to fill which such candidates are severally nominated. When no nomination has been made by a political party, as designated by section fifty-six, for an office to be filled at the election, the title of such office shall be printed in such party column, and underneath such title shall be printed in brevier capital type the words " No nomination." No ticket or list of candidates shall be printed, under the name of any political party or independent body which contains more candidates for any office than there are persons to be elected to such office. For form of ballots where voting machines are adopted, see § 167. For form of pasters for ballots, see § 66, subd. 2. § 82. Form of ballot for questions submitted. — Whenever the adoption of a constitutional amendment or any other propo- sition or question is to be submitted to the vote of the electors of the state, or of any district thereof, a separate ballot shall be pro- vided by the same officers who are charged by law with the duty of providing the official ballots for candidates for public office. Such ballots shall comply with the requirements of official bal- lots for candidates for public office, in so far as such require- ments are applicable thereto. Under the perforated line shall § 82 OppictAL And Sample Ballots^ istO. 83 be clearly printed, in brevier lower case type, the question of the adoption of the constitutional amendment or other proposition or question upon which the electors within the district for which such ballot is provided may lawfully vote. If there be more than one constitutional amendment or proposition or question to be submitted to the voters of that district, the different amendments or propositions or questions shall be separately numbered and printed, and separated by a broad solid line one-eighth of an inch wide. Opposite and before each such amendment, question or proposition, so submitted, shall be printed two squares inclosed in ruled lines, one above the other. Preceding the upper one of such squares shall be printed the word " Yes," and .preceding the lower one of such squares shall be printed the word " No," At the top of each such ballots, immediately above the perforated line, shall be printed in brevier capital type the following words only : " Notice to electors. For an aflBrmative vote upon any question submitted upon this ballot, make a cross X mark in the square after the word ' Yes.' For a negative vote, make a sim- ilar mark in the square following the word ' No.' " All such ballots for the same polling place shall be of the same color and size, and similarly printed, so that, after the removal of the stub, which shall be numbered as in case of ballots for candidates for public ofiSce, it shall be impossible to identify or distinguish any one of such ballots from the others. On the back of each such ballot, below the stub, shall be printed in addition to the en- dorsement as prescribed for general ballots, the words " Ques- tions submitted," so as to distinguish the said ballots from the oflScial ballots for candidates for office. Ballots for the submis- sion of town propositions and questions to be submitted at town meetings held on election day shall be printed in the manner pro- vided by this section, but shall be endorsed " Town proposition submitted." All ballots for the submission of town proposi^ tions for raising or appropriating money for town purposes, or for incurring a town liability, to be voted at any town meeting in any town, shall be separate from all other ballots for the sub- piigsion of other propositigps or qyestions to the electors ot 84 The Election Law. § 83 such town to be voted at tlie same town meeting or election. Such ballots shall be in the form prescribed in this section and shall be endorsed " propositions for town appropriations." {Thus amended hy chap. 598, L. 1901.) § 83. Sample ballots and stationery. — Sample ballots, equal in number to twenty-five per centum of the number of oflBcial bal- lots provided therefor, shall also be provided for every polling place for which official ballots are required to be provided. Such sample ballots shall be printed on paper of a different color from the official ballot, and without numbers on the stubs, but shall, in all other respects, be precisely similar to the official ballots to be voted at that polling place. One of such sample ballots shall, at any time on the day of election, be furnished upon application to any elector entitled to vote at that polling place, and may be taken by him away from such polling place before receiving his official ballot or ballots. Twelve instruction cards, printed in English, and twelve printed in each of such other languages as the officer or officers charged with providing them shall deem neces- sary, shall also be provided for each such polling place, contain- ing in clear, large type, full instructions for the guidance of electors in obtaining ballots for voting, in preparing their ballots for deposit in the boxes, in returning their ballots to the ballot clerks, and in obtaining new ballots in place of those returned, and, in smaller sized type, a copy of each of the sections of the penal code relating to crimes against the elective franchise. There shall also be provided two poll-books, a suitable number of mark- ers, designated as " distance markers," to indicate the distance of one hundred feet from the polling place, two tally sheets and three complete election return blanks for the use of inspectors and bal- lot clerks in the forms hereinafter provided, heavy manila envel- opes for statements and returns, sealing wax, pencils having black lead only, pens, penholders, blotting paper and ink. All such ar- ticles herein enumerated are hereby designated as " stationery." Manner of distribution of ballots and stationery provided for in § 87. Sample ballots and stationery where voting machines are adoptad §§ 168, 169, 170, 171. § 84 Official and Sample Ballots^ etc. 85 § 84. Blank forms for election officers. — The officers charged with the duty of furnishing official ballots shall furnish to the board of inspectors of each election district, two tally sheet blanks, three ballot return sheet blanks, three election return sheet blanks, one of which shall be endorsed " original return," the other* " copies of the original return," three blanks for the report of assisted and challenged electors, which blanks shall be delivered to such board of inspectors as elsewhere provided. Tally sheets. — The tally sheet blanks shall be printed as^nearly as possible in the following form : *So ia the original. 86 The Election Law. 84 •Kjon'Bq piOA JO jaqranu jn^oj, •Bjo^'cq 3[UBiq ^C^oqi). JO jaqmnu jB^ox •SaOipO SUTMOJIOJ 3T{f joj pg!)unoa es/k s^oa oti qoiqA uo i^UBjq AjjoqAV ^ou B|0[piq JO jaqmnu p^ox •ajopipuTia qoii9 ^ joj pgjnnoi) puv ^stra sa'joA JO jaqranu liJjox •ffjoilBq li[(3s no a^BpipnTO qoBa JOJ pgijunoo pun ^istio saJoA JO joqmn^ •sioiiTjq ^q3i'BJ9s uo aiuprpnua qoBa JOJ p3:^unoD putj !}BBO sa:}OA JO joqmnjij P 'SlBpipUCO l{OBa JOJ pa^ano!) puu qEmo fis:joA JO jaqranu iw^ox •s^oijBq '4i[ds uo o^'spipim) qaV9 JOJ pa^^unoD puv qsira sa)OA JO jaqran^ •s^oiinq i^qSrej^s UO a^jupipuBo qoB9 JOJ pa^unoo puti '^sna sai^OA jo jaqran^ o o o H 13 a a p H W O § W o a; o s o s o Q n o Certain cohimns may be omitted s 3S S I E3 11 i J-Sg S o s ti b <° "3 OS o "•2 a §1^ ■Sst y 03 ^ Egg w **t a a WaS B-q-o S •a §5 •C ^ a '3 » o c H°i _w ^ H a IS S » * 03 " a PI'S iili 85^5 I. Sgl •tit: o ® ^ ^ where voting machines are adopted. § 84 Official and Sample Ballots^ etc. 87 Tally sheets. — The tally sheet blanks shall be as nearly as pos- sible in the following form: At the extreme left of such sheet there shall be a column headed " List of offices," in which shall be printed the titles of all the oflBces printed upon the official bal- lot, and in the same order. Each office shall be separated by a heavy ruled line running the full width of such sheet. There shall be printed thereon, in separate columns under the name of the respective parties the tickets of all the parties as they appear on the pfficial ballot, so that the names of all candidates for the same office shall be upon the same line. Opposite and to the right of each party or independent ticket or list of candidates, shall be a column headed " Number of votes cast, and counted for each candidate on straight ballots," in which column and opposite every name, shall be entered' the number of straight party votes counted (which number is the same for every candidate of that party). To the right of such column there shall be another column headed, " Number of votes cast and counted for each can- didate on split ballots," and in such column there shall be entered by single marks, grouped into five marks, the votes canvassed for such candidates on the split ballots. To the right of such column shall be another column headed, "Total number of votes cast and counted' for each candidate," in which shall be entered, opposite the name of each candidate, the total number of votes cast and counted for such candidate on both straight and split ballots. To the right of the last column for entering the total vote cast for candidates of any party, shall be a column headed, " Total num- ter of iallots, not wholly blank, on which no vote was counted for the following offices," and in such column shall be entered op- posite the titles of the respective offices, by single marks, the number of ballots on which no vote was cast for any candidate for such office. To the right of such column shall be another column headed, " Total number of wholly blank ballots," in which column shall be entered opposite the title of each office the number of ballots found to be wholly blank. To the right of such column shall be another column headed, " Total number of void ballots," in which column shall be entered opposite each title of each 88 The Election Law. § 84 office the number of ballots which were rejected as void. At the extreme right of such sheet there shall be a column headed, " Total number of ballots accounted for," in which shall be entered op- posite each office the sum of the total vote cast for all candidates for the office, together with the number of ballots not wholly blank, on which no vote was counted for that office, the total number of wholly blank, and the total number of void ballots, and the votes cast, if any, for candidates for such office whose names are not printed upon the ballot. Such sum must equal the number of ballots voted, as shown by the ballot clerks' return of ballots, and if it does not there has been a mistake in the count, and the ballots must be recounted for such office. In case a person is voted for whose name is not printed on the ballot, the poll clerks,, who shall keep the tally sheets, shall enter such name and the votes therefor on the tally sheet. The method of count- ing the votes shall be as provided in section one hundred and ten of the election law.. Sample. Form of ballot return to be prepared by the ballot clerks, and attached to the original statement of canvass made by the inspectors and to each copy, in compliance with subdivision two of section one hundred and three of the election law: 1. The numter of full sets of official ballots furnished to election district number (five) of the (town of Canan- daigua), county of (Ontario), were ; ; . . 800 2. The number of sets of official ballots cancelled before delivery to voters by reason of one or more of the set being found defective in printing or mutilated,, all of which were destroyed by us, were 5 3. The number of sets of official ballots spoiled and re- turned by voters, all of which were destroyed by us, were 10 § 84 Official and Sample Ballots^ etc. 89 4. The number of sets of official ballots returned to the county clerk or other officer, unused, were 300 5. The number of sets of oflBcial ballots actually voted were 485 G. Total sets of official ballots accounted for are 800 7. The number of sets of detached stubs were 500 8. The number of sets of stubs on unused ballots were. . . . 300 9. The total sets of stubs accounted for are 800 We hereby -certify that the foregoing ballot return for election district number (five) of the (town of Canandaigua), county of (Ontario), for the election held November (5th, 1895), is correct. (Signed) Ballot Clerks. Sample. Inspectors' returns and statement of canvass. — Original official statement of the result of a (general) election, held on the (fifth) day of November (1895), in the (fifth) election district of the (town of Canandaigua), county of (Ontario), state of New York, made by the inspectors of election in and for said district, which return is made as provided in section one hundred and eleven of the election law. RETURN OF BALLOTS VOTED. 1. The whole number of general ballots actually voted, as verified by the return of the ballot clerks attached hereto were (four hundred and eighty-five) 485 2. The number of general ballots cast and found to be entirely blank, all of which were returned by us to the ballot box, were (five) 90 The Election Law. § 84 3. The number of general ballots cast which were rejected by us as " void " and on which no vote was counted for any candidate, all of which are in the sealed pack- age returned herewith, and on each of which ballot is indorsed the reason for such rejection, were (ten) . . 10 4. The number of general ballots cast on which votes were counted for one or more candidates, all of which were returned to the ballot box (except those protested as being marked for identification), were (four hundred and seventy) 470 5. The total number of ballots accounted for by us are . . . 485 We certify the foregoing statement of ballots voted is cor- rect in all respects. Dated, this (fifth) day of November, (1895). Board of Inspectors. Statement and Return of the Votes for the Office of (Governor). 1. The number of ballots cast on which votes were counted for any candidate for oflSce were (four hun- dred and seventy) ^jq 2. The number of ballots cast and counted on which there was no vote for the ofiSce of (governor) were (five) . . 5 3. The whole number of ballots on which votes were counted for the oflSce of (governor) were (four hun- dred and sixty-five) 465 4. Of which (Levi P. Morton) received (three hundred) . . 300 5. (David B. Hill) received (one hundred and sixty-five) . . 165 Total "^ § 84 Official and Sample Ballots^ etc. &1 Statement and Return of the Votes for the Office of (Lieutenant- Governor) . 1. The whole number of ballots cast on which votes were counted for any candidate for ofQce were (four hun- dred! and seventy) 470 2. The number of ballots cast and counted on which there was no vote for the office of (lieutenant-governor) were (seven) 7 3. The whole number of ballots on which votes were counted for the office of (lieutenant-governor) were (four hundred and sixty-three) 463 4. Of which (Charles T. Saxton) received (three hundred and three) 303 5. (William F. Sheehan) received (one hundred and sixty). 160 Total 463 Statement and Returii of the Votes for the Office of (County Clerk). 1. The whole number of ballots cast on which votes were counted for any candidate for office were (four hun- dred and seventy) 470 2. The number of ballots cast and counted on which there was no vote for the office of (county clerk) were (ten) 10 3. The whole number of ballots on which votes were counted for the office of (county clerk) were (four hundred and sixty) 460 4. Of which (John Doe) received (three hundred and fifteen) 315 5. (Richard Roe) received (one hundred and forty-five) . . 145 Total 460 92 The Election Law. § ^^ The number of general ballots "protested as marked for identification " (all of which, are in the sealed package returned herewith together with the void ballots) each of which have been indorsed by us " protested as marked for identification," the mark or marking to which objection was made being specified upon the back of each such ballot, a:nd all of which were counted for the several candidates voted thereon in the foregoing returns, were (three) < But such number does not include any ballot which was re- jected by us as void. Such void ballots are included in our return as "void" ballots on which no vote for any candidate was counted and are marked upon the back thereof "void" and indorsed with the reason for so declaring them. They are in the sealed packages returned herewith together with the ballots "protested as being marked for identification." We certify the foregoing statement is correct in all respects. Dated this (fifth) day of November, 1895. Board of Inspectors. Note. — A similar certificate is to be made at the bottom of each sheet or half sheet of this return. If ballots are voted on any constitutional amendment or question or proposition sub- mitted, a similar return is to be included. Two certified copies of this original statement and return are to be made.^ Blank for the Report of Assisted and Challenged Electors. Three blank statements in the following form shall also be furnished to each board of inspectors, which shall, at the close of the election, be filled by them, and one original statement shall be attached to the original return, and a copy thereof to each copy of the original return. 1. The names of persons who were challenged, and the chal- lenge not withdrawn, were , in all, three (3) § 85; 86 Official and Sample Ballots^ etc. 93 2. The names of persons who received assistance on account of physical disability, were , in all, iive (5) ' 3. The names of persons who received assistance on account of bein^ unable to write by reason of illiteracy, were , in all, two (2) We certify the foregoing statement is correct. Dated this (fifth) day of November, 1895. Board of Inspectors. § 85. Number of official ballots. — The number of official bal- lots of each kind to be provided for each polling place for each election to be held thereat, except a village election held at a differ- ent time from a general election, shall be one and one-half times as many ballots as near as may be as there were names of electors on the register of electors of such district for such election at the close of the fourth meeting for such registration. In cities of the first class the officer or board charged with the duty of furnishing official ballots shall furnish one and one-half times as many official ballots as near as may be of each kind to be provided for such election as there are electors entitled to vote thereat, as nearly as can be estimated by such officer or board. When but two days of registration are required there shall be a number equal to one and one-half times, as near as may be, the number of names upon the register at the close of the second meeting for registration. The number of official ballots of each kind to be provided for each polling place for a town meeting, held at any time or a village or city election held at a different time from a general election, shall be one and one-half times as near as may be the number of persons who will be entitled to vote thereat, as nearly as can be estimated by the officer charged with the duty of providing such ballots. (Thus amended by chap. 381, L. 1900.) § 86. Officers providing ballots and stationery. — The clerk of each county, except the county of Erie and those counties the 94 The Election Law. § 86 whole of which are within the city of New York, and in the county of Erie the commissioner of elections, shall provide the requisite number of oflScial and sample ballots, cards of instruction, two poll books, distance markers, two tally sheets, inspectors' and ballot clerks' return sheets (three of each kind, and one of each to be marked "original"), pens, penholders, ink, pencils having black lead, blotting paper, sealing wax and such other articles of stationery as may be necessary for the proper conduct of the elec- tion, and the canvass of the votes, for each election district in such county and not within the city of New York, for each elec- tion to be held thereat, except that when town meetings, city or village elections and elections for school oflScers are not held at the same time as a general election the clerk of such town, city or village, respectively, except in the city of Buffalo, shall provide such official and sample ballots and stationery for such election or town meeting. If the town meeting is held on general election day ballots and sample ballots for town propositions shall be pro- vided by the town clerk in like manner and in the same form as at a town meeting held at any other time and such town clerk shall also furnish inspectors' and ballot clerks' return sheets for making returns on town propositions or questions. In towns in which town meetings are held at the time of the general elec- tion in an odd numbered year, the names of candidates for town offices shall be printed on the same ballots as the names of candi- dates for other offices voted for in such towns at such" general " elections. In towns in which town meetings are held on general election day in an even numbered year, the names of candidates for town officers shall be printed on separate ballots; such bal- lots and sample ballots for town officers shall be provided by the town clerk in like manner and in the same form as at a town meeting held at any other time, and such town clerk shall also furnish inspectors' and ballot clerks' return sheets for making returns of votes cast for candidates for town offices at such an election, and the expense of furnishing such ballots, sample bal- lots and return sheets shall be a town charge. And the board of elections of the city of New York, and in the city of Buffalo the § 87 Official and Sample Ballots, etc. 95 commissioner of elections, shall provide such articles for each election to be held in said city. Each officer or board charged with the duty of providing oflBcial ballots for any polling place, shall have sample ballots and official ballots provided, and in the possession of such officer or board, and open to public inspection as follows : The sample ballots five days before the election, and the official ballots four days before the election for which they are prepared unless prepared for a village election or town meeting held at a different time from a general election, in which case the official ballot shall be so printed and in possession at least one day, and the sample ballots at least two days before such election or town meeting. During the times within which the same are open for inspection as aforesaid, it shall be the duty of the officer or board charged by law with the duty of preparing the same, to deliver a sample ballot of the kind to be voted in his district to each qualified elector who shall apply therefor, so that each elector who may desire the same may obtain a sample ballot, similar except as regards color and the number on the stub, to the official ballot to be voted at the polling place at which he is entitled to vote. (Thus amended by L. 1901, chaps. 95 cwid 615; L. 1902, chap. 4:05; L. 1904, chap. T33, and L. 1905, chap. 643.) § 87. Distribution of ballots and stationery. — The county clerk of each county, except the county of Erie and those counties which are wholly within the city of New York, shall deliver at his office to each town or city clerk in such county, except in New York city and in the city of Buffalo, on the Saturday before the election at which they may be voted, the official and sample ballots, cards of instructions and other stationery required to be provided for each polling place in such town or city for such election. It is hereby made the duty of each such town or city clerk to call at the office of such county clerk at such time and receive such bal- lots and stationery. In the cities of New York and Buffalo the board or officer required to provide such ballots and stationery shall cause them to be delivered to the board of inspectors J of each election district at least one-half hour before the opening of the polls on each day of election. Each kind of official ballots 96 The Election Law. § 88 shall be arranged in a package in the consecutive order of the numbers printed on the stubs thereof, beginning with number o"ne. All official and sample ballots provided for such election shall be in separate sealed packages, clearly marked on the out- side thereof with the number and kind of ballots contained therein and endorsed with the designation of the election dis- trict for which they were prepared. The instruction cards and other stationery provided for each election district shall also be enclosed in a sealed package or packages, with a label on the outside thereof showing the contents of each such package. Each such town and city clerk receiving such packages shall cause all such packages so received and marked for any election district to be delivered unopened and with the seals thereof unbroken to the inspectors of election of such election district one-half hour before the opening of the polls of such election therein. The inspectors of election receiving such packages shall give to such town or city clerk, or board, delivering such packages a receipt therefor specifying the number and kind of packages received by them, which receipt shall be filed in the ofiflce of such clerk or board. Town, city and village clerks required to provide the same for town meetings, city and village elections held at different times from a general election, and the board of the city of New York and in the city of Buffalo, the commissioner of elections, required to provide the same for elections held therein, re- spectively, shall in like manner, deliver to the inspectors or pre- siding ofQcers of the election at each polling place at which such meetings and elections are held, respectively, the ofiScial ballots, sample ballots, instruction cards and other stationery, required for such election or town meeting, respectively, in like sealed packages marked on the outside in like manner, and shall take and file receipts therefor in like manner in their respective offices. (Thus amended ly L. 1897, chap. 379, and L. 1905, chap. 643.) § 88. Errors and omissions in ballots. — Upon affidavit, pre- sented by any elector, that an error or omission has occurred in the publication of the names or description of the candidates nominated for office, or in the printing of sample or official bal- § 89 Conduct of Elections and Canvass of Votes. 97 lots, the supreme court, or a justice thereof, may make an order, requiring the county clerk or other officer or board charged with the duty in respect to which such error or omission occurs, to correct such error, or show cause why such error should not be corrected. The county clerk or such other oflScers or boards shall, upon their own motion, correct without delay any patent error in the ballots which they may discover, or which shall be brought to their attention, and which can be corrected without interfering with the timely distribution of the ballots to the in- spectors for use at such election. § 89. Unofficial ballots,^ — If the official ballots required to be furnished to any town or ci1;y clerk, or board, shall not be de- livered at the time required, or if after delivery shall be lost, destroyed or stolen, the clerk of such town or city, or such board, shall cause other ballots to be prepared as nearly in the form of the official ballots as practicable, but without the indorse- ment, and upon the receipt of ballots so prepared from such clerk or board, accompanied by a statement under oath that the same have been so prepared and furnished by him or them, and that the official ballots have not been so delivered, or have been so lost, destroyed or stolen, the inspectors of election shall cause the ballots so substituted to be used at the election in the same manner, as near as may be^^ as the official ballots. Such ballots so substituted shall be known as unofficial ballots. Similar provisions for use of unofficial ballots where not delivered at opening of polls or supply exhausted. See § 107. Unofficial ballots when voting machines are adopted. See § 172. ARTICLE V. Conduct of Elections and Canvass of Votes. Section 100. Opening the polls. 101. Persons within the guard-rail. 102. Watchers; challengers; electioneering. 103. General duties of election officers. 7 98 The Election Law. § lOO Section 104. Delivery of ballots to electors. 105. Preparation of ballots by electors. 106. Manner of voting. 107. When unofficial ballots may be voted. 108. Challenge and oaths. 109. Time allowed employes to vote. 110. Method of canvass. 111. Original statement of canvass and certified copies. 112. Proclamation of result. 113. Delivery and filing of papers relating to the election. 114. Judicial investigation of ballots. § 100. Opening the polls. — The inspectors of election, poll clerks and ballot clerks of each election district shall meet at the polling place therein at least one-half hour before the time set for opening the polls at each election for which official ballots are required to be provided, and shall proceed to arrange the space within the guard rail and the furniture thereof, including the voting booths, for the orderly and legal conduct of the election. The inspectors of election shall then and there have the ballot boxes required by law for the reception of ballots to be voted thereat ; the box for the reception of ballots found to be defective in printing or mutilated, before delivery to, and ballots spoiled and returned by electors; the box for the stubs of voted and spoiled ballots, the sealed packages of official ballots, sample ballots and instruction cards and distance markers, poll books, tally-sheets, return sheets and other stationery required to be delivered to them for such election; and if it be an election at which registered electors only can vote, the register of such electors required to be made and kept therefor. The inspectors shall thereupon open the sealed packages of instruction cards and cause them to be posted conspicuously, at least one, and if printed in different languages, at least one of each language, in each of the voting booths of such polling place, and at least three of each language in which they are printed in or about the polling place; shall open the sealed packages of official ballots and sample ballots, and place them in charge of the ballot clerks, and shall place the poll books in charge of the poll clerks, and shall cause § 10;1 Conduct of Elections and Canvass of Votes. 99 to be placed at a distance of one hundred feet from the polling place the visible markers designated herein as "distance markers," to prohibit "loitering or electioneering" within such distance. They shall also, before any ballots are cast, see that the voting booths are supplied with pencils having black lead only, unlock the ballot boxes, see that they are empty, allow the watchers present to examine them, and shall lock them up again while empty in such manner that the watchers present and persons just outside the guard-rail can see that such boxes are empty when they are relocked. After such boxes are so relocked they shall not be unlocked or opened until the closing of the polls of such election, and, except as authorized by law, no ballots or other matter shall be placed in them after they are so relocked and before the announcement of the result of such canvass and the signing of the original statement of canvass and the two certified copies thereof. The instruction cards and distance markers posted as provided by law shall not be taken down, torn or de- fticed during such election. The ballot clerks, with the oflScial and sample ballots; the inspectors, with such boxes and register of electors, and the poll clerks, with their poll books, shall be stationed as near each other as practicable within such inclosed space. One of the inspectors shall then make proclamation that the polls of the election are open, and of the time o'clock in the afternoon when the polls will be closed. Duties at opening of polls where ballot machines are adopted. See § 173. Where voting machines are adopted the election officers should meet at least three-quarters of an hour before opening of polls. See § 173. Polls to be opened at 6 a. m. and closed at 5 p. m. See § 3. For arrangement of polling place, see § 17. Statutory oath to be taken by election officers before opening of polls. See § 104, subd. 2. Vacancies and absences to be supplied before opening of polls. See § 14. One of the inspectors to be designated to receive the ballots from electors. See § 103. § 101. Persons within the guard-rail. — From the time of the opening of the polls until the announcement of the result of the canvass of the votes cast thereat, and the signing of the official 100 The Election Law. § l'*^ returns or statements of such canvass and the copies thereof, the boxes and all official ballots shall be kept within the guard-rail. No person shall be admitted within the guard-rail during such period, except inspectors, poll clerks, ballot clerks, duly author- ized watchers, persons admitted by the inspectors to preserve order or enforce the law, persons duly admitted for the purpose of voting; provided, however, that candidates for public office voted for at such polling place may be present at the canvass of the votes. § 102. Watchers; challengers; electioneering. — ^Each politi- cal party or independent body duly filing certificates of nom- ination of candidates for offices to be filled at any such election, may, by a writing signed by the duly authorized county, city, town, or village committee of such political party or independent body, or by the chairman or secretary thereof charged with that duty and delivered to one of the inspectors of election, appoint not more than two watchers to attend each polling place thereof. Such committee, chairman or secretary thereof for a city, county, town or village shall not appoint watchers for any polling place outside of such city, county, town or village, respectively. Such watchers may be present at such polling place, and within the guard-rail, from at least fifteen minutes before the unlocking and examination of any ballot box at the opening of the polls of such election until after the announcement of the result of the canvass of the votes cast thereat, and the signing of the original statement of canvass and copies thereof by the inspectors. A reasonable number of challengers, at least one i)erson of each such party or independent body, shall be permitted to remain just outside the guard-rail of each such polling place, and where they can plainly see what is done within such rail outside the voting booths, from the opening to the close of the polls thereat. No person shall, while the polls are open at any polling place, do any electioneer- ing within such polling place, or within one hundred feet there- from, in any public street, or in any building or room or in a pub- lic manner, and no political banner, poster or placard shall be al- § 103 Conduct of Elections and Canvass of Votes. lUl lowed in or upon such polling place during any day of registra- tion or of the election. Watchers allowed to examine ballot boxes before opening of polls. See § 100. Ballots cast to be exhibited to watchers upon request. See § 110, subd. 3. § 103. General duties of election officers. — Subdivision 1. One of the inspectors of election at each polling place shall be desig- nated by the board of inspectors of election to receive the ballots from the electors voting; or if the majority of the inspectors shall not agree to such designation, they shall draw lots for such posi- tion. If it be an election for which electors are required to be registered, the other inspectors shall before any ballots are de- livered by the ballot clerks to an elector, ascertain whether he is duly registered. The ballot clerks shall not deliver any ballot to such elector until the inspectora announce that he is so regis- tered. As each elector votes, the inspectors shall check his name upon such register and shall enter therein in the column provided therefor opposite the name of such elector, the consecutive num- ber upon the stub of the ballot or set of ballots voted by him. The inspector shall forthwith upon detaching the stub from any official ballot deposit the same in the box provided for detached stubs. In all proceedings of the inspectors acting as registrars, inspectors or canvassers, they shall act as a board, and, in case of a question arising, as to matters which may call for a deter- mination by them, a majority of such board shall decide. Subdivision 2. In addition to the duties hereinbefore enjoined upon them, the ballot clerks shall deliver oflQcial ballots to the electors in such order that the numerical order of the numbers printed on the stubs of the ballots so delivered, shall be the same as the order of the successive deliveries thereof, the ballot num- bered one on the stubs being first delivered and so on. If, in addition to the general ballots there shall be a ballot containing a proposed constitutional amendment or other proposition or question, the ballots shall be delivered to the electors in such order that the numbers upon the stubs of both ballots so delivered 102 The Election Law. § ^^^ shall be the same. If, in a case where more than one ballot is to be voted, the elector shall spoil one of a set of ballots, and shall be entitled to receive a new set under the provisions of this act, he shall return the spoiled set to the ballot clerks before new bal- lots are furnished to him. In case one of a set of ballots bearing the same number shall be found defective in printing or muti- lated before the same is given to the elector, both ballots of that number shall have the stubs removed therefrom by the ballot clerks and such ballots shall be deposited in the box for spoiled and mutilated ballots, and the stubs in the box for detached stubs, and a memorandum shall be made by the ballot clerks of the number on such ballots and the fact that the set was not &e- livered to electors because defective in printing or mutilated. The ballot clerks shall, upon the delivery of oflBcial ballots to each elector, announce the elector's name and the number printed on the stub of each ballot so delivered. Upon the return of a ballot or set of ballots to them unvoted by any elector, they shall an- nounce the name of the elector returning them and the printed number on the stubs of the ballots so returned, and shall at once remove the stubs from such returned ballots and deposit such stubs in the box for detached stubs, and such ballots in the box for spoiled and mutilated ballots. A memorandum shall be made by them of the number on such ballots, and of the fact that they were returned spoiled by electors. They shall immediately upon the closing of the polls take from the box containing them the spoiled and mutilated ballots, and after comparing the number thereof with the record of the same, made during the day, shall destroy them; and shall thereupon prepare and sign a written statement or return of ballots in the form provided for in sec- tion eighty-four of the election law. The original statement so made by them shall be attached to the original statement of the canvass made by the board of inspectors and a copy thereof to each copy of such original statement of canvass. They shall in- close all unused ballots, and all detached stubs, in a sealed pack- age, and deliver the same to the chairman of the board of in- spectors. No ballot clerks where voting machines are adopted, see § 181. § 103 Conduct of Elections and Canvass of Votes. 103 Subdivision 3. Each poll clerk at each polling place for which ofiScial ballots are required to be provided, shall have a poll-book for keeping the list of electors voting or offering to vote thereat at the election. Such book shall have six columns headed re- spectively, "Number of elector," "Names of electors," "Residence of electors," " Number on ballots delivered to electors," " Number on ballots voted," and " Remarks." Upon each delivery of an ofS- cial ballot or set of oflBcial ballots by the ballot clerks to an elector, each poll clerk shall enter upon his poll-book in the appro- priate column, the number of the elector, in the successive order of the delivery of ballots thereto, the name of the elector, in the alphabetical order of the first letter of his surname, his residence by street and number, or if he have no street number, a brief de- scription of the locality thereof, the printed number upon the stub of the ballots delivered to such elector, and the number on the ballots voted by him. If the ballot or set of ballots delivered to any elector shall be returned by him to the ballot clerk, and he shall obtain a new ballot or set of ballots, the poll clerks shall write opposite his name on the poll-books, in the proper column, the printed number on the stubs of such ballot or additional set of ballots. Each poll-clerk shall make a memorandum upon his poll-book opposite the name of each person who shall have been challenged and taken either of the oaths prescribed upon such challenge, or who shall have received assistance in preparing his ballot and shall also enter upon the poll-book opposite the name of such person the names of the election officers or persons who render such assistance, and the cause or reason assigned for such assistance by the elector assisted. As each elector offers his bal- lot or set of ballots which he intends to vote to the inspector, each poll clerk shall report to the inspectors whether the number en- tered on the poll-book kept by him as the number on the ballot or set of ballots last delivered to such elector, is the same as the number on the stub of the ballot or set of ballots so offered. As each elector votes, each poll clerk shall enter in the proper column on his poll-book the number on the stub of the ballots voted- UPOP the close of the polls of the electign, the poll clerk? 104 The Election Law. § 104 and inspectors shall compare the poll-books with the registers and correct any mistakes found therein. The poll clerks shall also during the canvass of the votes, as prescribed by section one hun- dred and ten of the election law, maJie and complete the tally sheets of the votes in the form provided by section eighty-four of the election law. § 104. Delivery of ballots to electors. — Subdivision 1. While the polls of the election are open, the electors entitled to vote and who have not previously voted thereat, may enter within the guard-rail at the polling place of such election for the purpose of voting, in such order that there shall not at any time be within such guard-rail more than twice as many electors as there are voting booths thereat, in addition to the persons lawfully within such guard-rail for other purposes than voting. The elector shall enter within the guard-rail through the entrance provided, and shall forthwith proceed to the inspectors and give his name, and, if in a city or village of five thousand inhabitants or over, his residence by street and number, or if it have no street number, a brief description of the locality thereof, and if required by the inspectors shall state whether he is over or under twenty-one years of age. One of the inspectors shall thereupon announce the name and residence of the elector in a loud and distinct tone of voice. No person shall be allowed to vote in any election district at any election where electors are required to be registered unless his name shall be upon the registration books of such election dis- trict. The right of any person to vote, whose name is on such register, shall be subject to challenge. If such elector is entitled to vote thereat, and is not challenged, or if challenged and the challenge be decided in his favor, one of the ballot clerks shall then deliver to him one official ballot or a set of official ballots, folded by such ballot clerk in the proper manner for voting, which is: First, by bringing the bottom of the ballot up to the per- forated line, and second by folding both sides to the center, or towards the center, in such manner that when folded the face of each ballot shall be concealed, and the printed number on the stub and the indorsement on the back of the ballot shall be visible, § 104 Conduct op Elections and Canvass of Votes. 105 so the stub can be removed without removing any other part of the ballot, and without exposing any part of the face of the ballot below the stub, and so that when folded the ballot shall not be more than four inches wide. No person other than an inspector or ballot clerk shall deliver to any elector within such guard-rail any ballot, and they shall deliver only such ballots as the voter is legally entitled to vote, and also the sample ballot when the same is asked for. Sample ballots to be delivered to elector upon application and may be taken away from polls before delivery of official ballots. See § 83. Subdivision 2. Any elector who shall, at the time of registra- tion, have made oath of physical disability or illiteracy, as pre- scribed by the third subdivision of section thirty-four of the election law ; or, who being duly registered, in an election district where personal registration by all electors is required by law, shall state under oath, to the inspectors of election, on the day of election, that, by reason of some accident the time and place of which he must specify, or of disease, the nature of which he must also specify, he has since the day upon which he registered, lost the use of both hands, or become totally blind, or afflicted by such degree of blindness as will prevent him, with the aid of glasses, from seeing the names printed upon the official ballot, or so crippled that he cannot enter the voting booth and prepare his ballot without assistance; or any elector in an election dis- trict who is not required by law to personally register, who is unable to write by reason of illiteracy, or is physically disabled in one or more ways described in the third subdivision of section thirty-four of the election law, and who shall make the state- ment under oath to the inspectors in the form required in said subdivision, may choose two of the election officers, both of whom shall not be of the same political faith, to enter the booth with him, to assist him in preparing his ballots. At any town meeting or village election, where the election officers are all of the same political faith, any elector entitled to assistance as herein provided may select one of such election officers and oiie elector of such town or village of opposite political 106 The Election Law. § 105 faith from such election officer so selected, to render such assist- ance. Such election officers or persons assisting an elector shall not in any manner request or seek to persuade or induce any such elector to vote any particular ticket, or for any particu- lar candidate, and shall not keep or make any memorandum or entry of any thing occurring within such booth, and shall not, directly or indirectly, reveal to any other person the name of any candidate voted for by such elector, or which ticket he has voted, except they be called upon to testify in a judicial proceed- ing for a violation of this act, and each election officer, before the opening of the polls for the election, shall make oath that he " will not in any manner request, or seek to persuade, or in- duce any elector to vote any particular ticket or for any particu- lar candidate, and that he will not keep or make any memoranda or entry of anything occurring within the booth, and that he will not, directly or indirectly, reveal to any person the name of any candidate voted for by any elector or which ticket he has voted, or anything occurring within the voting booth, except he be called upon to testify in a judicial proceeding for a violation of the election law." The same oath shall be taken by any elector rendering such assistance, as provided for above, and any vio- lation of this oath shall be a felony punishable upon conviction by imprisonment in a state prison for not less than two nor more than ten years. No elector shall otherwise ask or receive the assistance of any person within the polling place in the prepa- ration of his ballot, or divulge to anyone within the polling place the name of any candidate for whom he intends to vote or has voted. § 105. Preparation of ballots by electors. — On receiving his ballot the elector shall forthwith and without leaving the in- closed place, retire alone unless he be one that is entitled to assistance in the preparation of his ballot, to one of the voting booths, and without undue delay, unfold and mark his ballot as hereafter prescribed. No elector shall be allowed to occupy a booth already occupied by another, or to occupy a booth more than five minutes in case all the booths are in use and electors § 105 Conduct of Elections and Canvass of Votes. 107 waiting to occupy the same. It shall not be lawful to make any mark upon the oflflcial ballot other than the cross X mark made for the purpose of voting, with a pencil having black lead, and that only in the circles or in the voting spaces to the left of the names of candidates, or to write anything thereon other than the name or names of persons not printed upon the ballot for whom the elector desires to vote in the blank column under the proper title of the oflBce, with a pencil having black lead, nor shall it be lawful to deface or tear a ballot in any manner, nor to erase any printed device, figure, letter or word therefrom, nor to erase any name or mark written thereon by such elector. If an elector deface or tear a ballot or one of a set of ballots, or wrongly marks the same, he may successively obtain others, one set at a time, not exceeding in all three sets, upon returning each set of ballots so defaced or wrongly marked to the ballot clerks. The elector should observe the following rules in marking his ballot: Eule 1. If the elector desires to vote a straight ticket, that is, for each and every candidate of one party for whatever ofSce nominated, he should mark a cross X mark in the circle above the name of the party at the head of the ticket. Kule 2. If the elector desires to vote a split ticket, that is, for candidates of different parties, he should not make a cross X mark in the circle above the name of any party, but should make a cross X mark in the voting space before the name of each can- didate for whom he desires to vote on whatever ticket he may be. Rule 3. If the ticket marked in the circle for a straight ticket, does not contain the names of candidates for all offices for which the elector may vote, he may vote for candidates for such offices so omitted by making a cross X mark before the names of can- didates for such offlces on other tickets, or by writing the names, if they are not printed upon the ballot, in the blank column under the title of the office. Eule 4. If the elector desires to vote for any person whose name does not appear upon the ballot, he can so vote by writing the name with a pencil hmn^ lt>l^ck lead io the proper place iij the blank coli;m», 108 The Election Law. I 106 Rule 5. The elector can vote blank for any office by omitting to make a cross X mark in any circle, and making a cross X mark In the voting space before the name of every candidate he desires to vote for, except for the office for which he desires to cast a blank vote. Rule 6. In the case of a question submitted, the elector shall make a cross X mark in the blank square space on the right of and after the answer " Yes " or " No," which he desires to give on each such question submitted. Eule 7. One straight line crossing another straight line at any angle within a circle, or within the voting spaces, shall be deemed a valid voting mark. (Thus amended iy chap. 335, L. 1898.) The proper manner of folding ballot for voting described in § 104, subd. 1. § 106. Manner of voting. — When the ballot or ballots which an elector has received shall be prepared as provided in section one hundred and five of this act, he shall leave the voting booth with his ballot folded so as to conceal the face of the ballot, but show the indorsement and fac simile of the signature of the official on the back thereof, and, keeping the same so folded, shall proceed at once to the inspector in charge of the ballot box, and shall offer the same to such inspector. Such inspector shall announce the name of the elector and the printed number on the stub of the official ballot so delivered to him in a loud and distinct tone of voice. If such elector be entitled then and there to vote, and be not challenged, or if challenged, and the challenge be de- ■ cided in his favor, and if his ballot or ballots are properly folded, and have no mark or tear visible on the outside thereof, except the printed number on the stub and the printed indorsement on the back, and if such printed number is the same as that entered on the poll-books as the number on the stub or stubs of the official ballot or set of ballots last delivered to him by the ballot clerk, such inspector shall receive such ballot or ballots, and after removing the stub or stubs therefrom, in plain view of the elector, and without removing any other part of the ballot, or in any way exposing any part of the face thereof below the stub. §§ 107, 108 Conduct op Elections and Canvass op Votes. 109 shall deposit each ballot in the proper ballot box for the recep- tion of voted ballots ; and the stubs in the box for detached ballot stubs. Upon voting, the elector shall forthwith pass outside the guard-rail unless he be one of the persons authorized to remain within the guard-rail for other purposes than voting. No ballot without the official indorsement shall be allowed to be deposited in the ballot box except as provided by sections eighty-nine and one hundred and seven of the election law, and none but ballots provided in accordance with the provisions of the election law shall be counted. No official ballot folded shall be unfolded out- side the voting booth. No person to whom any official ballot shall be delivered shall leave the space within the guardrrail until after he shall have delivered back all such ballots received by him either to the inspectors or to the ballot clerks, and a violation of this provision is a misdemeanor. When a person shall have received an official ballot from the ballot clerks or inspectors, as hereinbefore provided, he shall be deemed to have commenced the act of voting, and if, after receiving such official ballot, he shall leave the space inclosed by the guard-rail before the deposit of his ballot in the ballot box, as hereinbefore pro- vided, he shall not be entitled to pass again within the guard- rail for the purpose of voting, or to receive any further ballots. § 107. When unoificial ballots may be voted. — If, for any cause, the official ballots shall not be provided as required by law at any polling place, upon the opening of the polls of an election thereat, or if the supply of official ballots shall be ex- hausted before the polls are closed, unofficial ballots, printed or written, made as nearly as practicable in the form of the official ballot, may be used. Provisions as to use and preparation of unofficial ballots, see § 89. § 108. Challenge.— Subdivision 1. A person may be challenged either when he applies to the ballot clerk for official ballots, or when he offers to an inspector the ballot he intends to vote, or previously by notice to that effect to an inspector by any elector. 110 The Election Law. § 108 It shall be the duty of each inspector to challenge every person offering to vote, whom he shall know or suspect not to be duly qualified as an elector, and every person whose right to register as an elector was challenged at the time of registration, provid- ing such challenge has not previously been withdrawn. In the election districts within the metropolitan elections district when- ever a person shall apply to the board of inspectors on election day to vote upon the name of a person whose right to register as an elector was challenged it shall be the duty of the chair- man of the board of inspectors or some member of such board to administer to such applicant the preliminary oath prescribed herein and to read to such applicant each question upon the copy of the challenge aflBdavit signed at the time of registration by the person upon whose name the applicant desires to vote and the inspectors and watchers shall compare the answers given to such questions with the answers recorded thereto upon the copy of said challenge aflBdavit and shall carefully compare the de- scription of the person challenged at the time of registration recorded upon the copy of the challenge aflSdavit with that of the applicant. If there shall be any material difference or conflict between the answers given by the applicant and the answers recorded upon the copy of the challenge affidavit to the questions printed thereon, or in the description of the person challenged and the applicant or, if the applicant shall refuse to answer any question put him or, shall refuse to make such oath his vote shall not be received and the facts thereof shall be recorded in each such case in the challenge record provided for in subdivision three of this section. If any person other than those persons heretofore provided for, offering to vote at any election shall be challenged in relation to the right to vote thereat, one of the inspectors shall tender to him the following prelim- inary oath: You do swear (or aflflrm) that you will fully and truly answer all such questions as shall be put to you touch- ing your place of residence and qualification as an elector. The inspectors or one of them shall then question the person chal- lenged in relation to his name ; his place of residence before he § 108 CoMDtJCT OF Elections and CanVAss of Votes. Ill came into that election district; -his then place of residence, his citizenship; whether he be a native or naturalized citizen, and if the latter, when, where, and in what court, or before what officer he was naturalized; whether he came into the election district for the purpose of voting at that election; how long he contemplates residing in the election district, and all other matters which may tend to test his qualifications as a resident of the election district, citizenship and right to vote at such election at such polling place. If any person shall refuse to take such preliminary oath when so tendered, or to answer fully any such question which may be put to him, his vote shall be re- jected. After receiving the answers of the persons so challenged, the board of inspectors shall point out to him the qualifications, if any, in respect to which he shall appear to them deficient. {Thus amended hy chap. 544, L. 1901.) Subdivision 2. General oath. — If the person so offering to vote, shall persist in his claim to vote, and the challenge be not with- drawn, one of the inspectors shall then administer to him the following general oath: "You do swear (or affirm) that you are twenty-one years of age, that you have been a citizen of the United States for ninety days, and an inhabitant of this state for one year next preceding this election, and for the last four months a resident of this county, and for the last thirty days a resi- dent of this election district, and that you have not voted at this election." If the person so offering to vote shall be chal- lenged for causes stated in section two of article two of the constitution of this state, the following additional oath shall be administered by one of the inspectors : " You do swear (or affirm) that you have not received or offered, do not expect to receive, have not paid, offered or promised to pay, contributed, offered or promised to contribute to another, to be paid, or used, any money, or other valuable thing, as a compensation or reward for the giving, or withholding, of a vote at this election, and have Dot made any promise to influence the giving or withholding of any such vote, and that you have not made, or become directly or 112 The Election Law. § 109 indirectly interested in any bet or wager depending upon the result of this election." If the person so ofEering to vote shall be challenged on the ground of having been convicted of bribery or any infamous crime, the following additional oath shall be administered to him by one of the inspectors : " You do swear (or aflSrm) that you have not been convicted of bribery or any infamous crime, or if so convicted, that you have been pardoned and restored to all the rights of a citizen." If any person shall refuse to take either oath so tendered his vote shall be rejected, but if he shall take the oath or oaths tendered him, his vote shall be accepted. Subdivision 3. Record of persons challenged. — The inspec- tors of election shall keep a minute of their proceedings in re- spect to the challenging and administering oaths to persons offer- ing to vote, in which shall be entered, by one of them, the name of every person who shall be challenged or take either of such oaths, specifying in each case whether the preliminary oath or the general oath, or both were taken. At the close of the elec- tion, the inspectors shall add to such minutes a certificate to the effect that the same are all such minutes as to all persons chal- lenged at such election in such district. § 109. Time allowed employes to vote. — Any person enti- tled to vote at a general election held within this state, shall on the day of such election, be entitled to absent himself from any service or employment in which he is then engaged or employed, for a period of two hours, while the polls of such election are open. If such elector shall notify his employer before the day of such election of such intended absence, and if thereupon two successive hours for such absence shall be designated by the em- ployer, and such absence, shall be during such designated hours, or if the employer upon the day of such notice, makes no designa- tion, and such absence shall be during any two consecutive hours while such polls are open, no deduction shall be made from the usual salary or wages of such elector, and no other penalty shall be imposed upon him by his employer by reason of such absence. § 110 Conduct of Elections and Canvass of Votes. 113 This section shall be deemed to include all employes of munici- palities. § 110. Canvass of votes. Subdivision 1. Preparation for can- vass. — As soon as the polls of an election are closed, the inspec- tors of election thereat shall publicly canvass and ascertain the votes, and not adjourn or postpone the canvass until it shall be fully completed. Any election oflScer who shall sign any origi- nal statement of canvass, or certified copies thereof, at any place other than the polling place, or at any time other than immedi- ately after the canvass is completed, and any election ofiBcer or person who shall take from the polling place any such statement before it shall have been signed as herein provided, is guilty of a felony, and shall be punished, upon conviction thereof, by im- prisonment in a state prison for not less than two nor more than five years. The room in which such canvass is made shall be clearly lighted, and such canvass shall be made in plain view of the public. It shall not be lawful for any person or persons, dur- ing the canvass, to close or cause to be closed, the main entrance to the room in which such canvass is conducted in such manner as to prevent ingress or egress thereby. When two ballot boxes are provided for the reception respectively of voted general bal- lots and question submitted ballots, the said ballot boxes shall be opened and the ballots therein canvassed in the following order, namely : First, the box containing the general ballots ; secondly, the box containing the ballots cast upon any constitutional amendment or other proposition or question. The board of in- spectors shall commence the canvass by comparing the two poll books w^ith the registers used on election day, as to the number of electors voting at the election, correcting any mistakes therein, and by counting the ballots found in the ballot boxes without un- folding them, except so far as to ascertain that each ballot is sin- gle, and by comparing the number of ballots found in each box with the number shown by the poll books and the ballot clerks' statement to have been deposited therein. If the ballots found in any box shall be more than the number of ballots so shown to have been deposited therein, such ballots shall all be replaced 8 . _ ,114 The Election Law. § llO without being unfolded in the box from which they were taken^ and shall be thoroughly mingled therein, and one of the inspectors designated by the board shall, without seeing the same and with his back to the box, publicly draw out as many ballots as shall be equal to such excess and without unfolding them, forthwith destroy them. If two or more ballots shall be found in the bal- lot box so folded together as to present the appearance of a single ballot, they shall be destroyed if the whole number of ballots in such ballot box exceeds the whole number of ballots shown by the poll books and ballot clerks' statement to have been deposited therein, and not otherwise. If there lawfully be more than one ballot box for the reception of ballots voted at the polling place, no ballot properly indorsed, found in the wrong ballot box, shall be rejected, but shall be placed in its proper box by the inspectors upon the count of the ballots before the canvass, and counted in the same manner as if found in the proper ballot box, if such ballot shall not, together with the ballots found in the proper ballot box, make a total of more ballots than are shown by the poll books and ballot clerks' statement to have been deposited in the proper box. No ballot that has not the oflScial indorsement shall be counted, except such as are voted in accordance with the provisions of the election law relating to unoflScial ballots The chairman only of the board of inspectors shall unfold the ballots taken from the ballot box. (Thus amended ty chap. 335, L. 1898.) Subdivision 2. Intent of electors. — Rule No. 1. If the elector shall have made a voting mark in the circle above one ticket only, and. no other voting mark appears on other ticket or tickets, and if no name shall have been written in the blank column, he shall be deemed to have cast his vote for all the candidates on the ticket so marked in the circle. Rule No. 2. If the elector shall have made a voting mark in the circle above one ticket only, and shall have also made a voting mark or marks in the voting space or spaces before the name or names of a candidate or candidates, only on the ticket so marked in the circle, the voting marks in the spaces before the names of § 110 Conduct of Elections and Canvass of Votes. 115 candidates on such ticket shall be treated as surplusage, and his vote shall be deemed to have been cast for all the candidates on the ticket so marked in the circle. Rule No. .3. If the elector shall have made a voting mark in the circle above one ticket only, and shall have also made a voting mark in the voting space or sipaces before the name or names of a candidate or candidates on one or more other tickets, he shall be deemed to have cast his vote for all the candidates on the ticket so marked in the circle, except for those for whom he has indi- cated his intention not to vote, by making a voting mark in the voting space before the name or names of individual candidates, on one or more other tickets, or by writing a name in the blank column ; and the candidate or candidates so individually voted for on such other ticket or tickets shall be deemed to be the voter's choice for such office or offices ; provided, however, that : Rule No. 4. When two or more persons are to be voted for for the same office, as two or more justices of the supreme court or presidential electors, and the names of the several candidates therefor are printed under the title of the office for which all are running, and the elector shall have made a voting mark in the cir- cle at the head of a ticket, and shall also have made a voting mark in the voting space before the name of one or more of a group of candidates for such office on other tickets, providing that he shall not have marked the names of two or more of such candidates upon the same line upon the ballot, he shall be deemed to have cast his vote for all the candidates for such office so individually marked and for those marked in the circle, except for those candi- dates under such circle so marked whose names are upon the same line on the ballot as the names of the candidates so individu- allv marked, or written in the blank column, unless in addition to making the voting mark in the circle at the head of the ticket he shall also have made a voting mark before each one of the group of candidates for such office for whom he desires to vote on the ticket so marked in the circle ; provided, further, however, that : Rule No. 5. When two or more persons are to be voted for for the same office, as two or more justices of the supreme court or 116 The Election Law. § HO presidential electors, and the names of the Beveral candidates therefor are printed on any ticket under the title of the office for which all are running, and the electors shall have made a voting mark in the circle at the head of the ticket, and shall also have made a voting mark in the voting space before the name of more than one of the group of candidates for such office printed on the same line on the ballot on other tickets, or by writing the name or names of a candidate or candidates in the blank column, he must also indicate by voting marks in the voting spaces on the ticket so marked in the circle the individual candidates of the group of can- didates on such ticket for whom he desires to vote, or his vote shall only be counted for the candidates for such office which are so individually marked on other tickets, or written in the blank column. Rule No. 6. If the elector shall have made a voting mark in more than one circle at the head of the tickets, and if on either of such tickets there shall be one or more candidates for office for which no other candidate or candidates is or are named on such other ticket or tickets so marked in the circle his vote shall be counted for such candidate or candidates. Rule No. 7. Subject to the foregoing rules if the elector marks more names than there are persons to be elected to an office, or if for any other reason, it is impossible to determine the elector's choice of a candidate for an office to be filled, his vote shall not be counted for such office but shall be returned as a blank vote for such office. Rule No. 8. In the case of a question submitted, if the elector shall have made a voting mark in the voting space after the printed word "Yes," his vote shall be deemed to be in favor of the adoption of the question submitted; if he shall have made a voting mark in the voting space following the printed word "No" his vote shall be deemed to be against the adoption of the question submitted. ^Rule No. 9. A void ballot is a ballot upon which there shall be found any mark other than a single cross X mark made for the purpose of voting, which voting mark must be made with a pencil, § 110 Conduct op Elections and Canvass of Votes. 117 having black lead, only in the circles, or in the voting spaces to the left of the names of candidates; or one upon which any- thing is written other than the name or names of persons not printed upon the ballot, for whom the elector desires to vote, which must be written in the blank column under the proper title of the office with a pencil having black lead ; or one which is defaced or torn by the elector; or upon which there shall be found any erasure of any printed device, figure, letter or word, or of any name or mark written thereon, or upon a separate piece of paper or other material enclosed in such ballot by such elector, and upon such ballot no vote for any candidate thereon shall be counted. (Thus amended hy chap. 654, L. 1901.) Subdivision 3. Method of counting. — The method of counting shall be as follows : The straight ballots, that is, the ballots on which all the candidates on one party ticket and no others are voted for shall be separated from the split ballots and counted, and the number of straight party votes for each candidate shall be entered in gross opposite his name on each tally sheet by the poll clerk keeping the same. The chairman of the board shall then take the split ballots separately, and announce the vote for each candidate on each such ballot, in the order of the oflBces printed thereon, and each poll clerk shall make an accurate tally of the same. As the votes on each split ballot are counted, such ballot shall be passed to the other inspectors for verification. The poll clerks shall then add together all the votes for each candidate and the ballots wholly blank and void together with the ballots on which no votes were counted for any candidate for such office, and shall enter the sum thereof in the proper column on the tally sheet. As soon as the count is completed for each office, the poll clerks shall submit the result to the inspectors for examination, and if found to be correct, the chair- man shall at once announce the result. When a ballot is not void and an inspector of election or other election officer or duly authorized watcher shall, during the canvass of the vote, declare his belief that any particular ballot has been written upon or marked in any way for the purpose of identification, the inspectors 118 The Election Law. § HI shall write on the back of such ballot the words "objected, to be- cause marked for identification," and shall gpecify over their signatures upon the back thereof the mark or marking upon such ballot to which objection is made. Tie votes upon each such ballot shall" be counted by them, as if not so objected to. If requested by any watcher the inspectors shall, during the can- vass, exhibit any and all ballots cast at such election or town meeting to such watcher, fully opened^ and in such a condition that he may fully and carefully read and examine the same, but such inspector shall not allow any such ballot to be taken from his hand. Any person, who shall place upon any ballot taken from the ballot box any mark or marking, or who shall tear or deface such ballot with the intent of causing such ballot to be rejected as void, shall be guilty of a felony, and shall be punished upon conviction therefor by imprisonment in a state prison for a period not less than five nor more than ten years. In cities of the first class the chairman of the board of inspectors shall, forth- with upon the completion of the count of votes, and the an- nouncement thereof, deliver to the police oflBcer on duty at such place of canvass a statement subscribed by the board of inspectors, stating the number of vctes received by each candidate for oflQce. Such statement shall forthwith be conveyed by the said oflBcer to the station-house of the police precinct in which such place of canvass is located, and he shall deliver the same inviolate to the oflScer in command thereof, who shall immediately transmit by telegraph, telephone or messenger, the contents of such state- ment to the oflScer commanding the police department of such city. Such statement shall be preserved for six months by the police, and shall be presumptive evidence of the result of such canvass for each such oflSce. (Whole section thus amended by chap. 335, L. 1898.) § 111. Original statement of canvass and certified copies. Upon the completion of the canvass, the board of inspectors of election shall make and sign an original statement thereof show- ing the kind of election, the date when held ; the number of the eJpgtion district; th§ town or 'srardj and the cit^ an4 cQmjty i« § 111 Conduct of Elections and Canvass of Totes. , 119 t ■which it was held, on the first page or pages of which there shall be return of the ballots voted, following which there shall be a separate return for each office of the votes cast for each candidate therefor in the form prescribed for such returns and statement in section eighty-four of the election law. At the end of the last detailed statement of votes cast for candidates, they shall add a statement of the number of general ballots protested as "marked for identification," which ballots shall be endorsed by the in- spectors " protested as marked for identification," specifying the mark or marking to which objection is made over their signatures, and all of which shall be counted for the several candidates voted for thereon. The inspectors shall also make as a part of their original statement a return of the number of void ballots re- jected by them, and on such ballots no vote can be counted for any candidate. Each such ballot so declared void by the inspectors shall be indorsed upon the back thereof with the specific reason for such rejection. Such void ballots shall, together with the ballots which were protested as being marked for identification be secured in a separate sealed package, which shall be indorsed on the outside thereof with the names of the inspectors, the designation of the election district, and the number and kinds of ballots contained therein. Such package shall be filed by the chairman of the board of inspectors with the original statement of the canvass. If ballots are voted on any constitutional amend- ment, proposition or question, a similar return of the ballots and votes cast thereon shall be made and included as a part of such original statement. Such inspectors shall, whenever unoflScial ballots are voted, return all of such ballots in the package with the void and protested ballots. At the end of each return con- tained in such original statement of the canvass^ and also at the bottom of each sheet, or half sheet thereof, the inspectors shall make and sign a certificate that the foregoing statement is cor- rect. If any inspector, poll clerk or ballot clerk shall refuse to sign any return required of him by the election law he must state the grounds upon which such refusal is based upon such return over his signature. Unless such an election be an elec- 120 The Election Law. § 112 tion of town, village or school oflScers, held at a different time from a general election, such inspectors shall forthwith and before adjourning and taking any recess make two certified copies of such original certified statement of the result of the canvass. Forthwith upon the completion of such original statement and of such certified copies thereof, and the proclamation of the result of the election as to each candidate, the ballots voted, except the void and protested ballots, shall be replaced in the box from which they were taken, together with a statement as to the number of such ballots so replaced. Each such box shall be securely locked and sealed, and shall be deposited with the ofScer or board furnishing such boxes. They shall be preserved invio- late for six months after such election and may be opened and their contents examined upon the order of the supreme court or a justice thereof, or a county judge of such county, and at the expiration of such time the ballots may be disposed of in the discretion of the ofiBcer or board having charge of them. For form of inspector's return and statement of vote, see § 84. § 112. Proclamation of result. — Upon the completion of such canvass and of the original statement and certified copies of the result thereof, the chairman of the board of inspectors shall make public oral proclamation of the whole number of votes cast at such election at such polling place for all candidates for each ofiSce; upon each proposed constitutional amendment or other question or proposition, if any, voted upon at such election, the whole number of votes given for each person, with the title of the office for which he was named on the ballot; and the whole number of votes given respectively for and against each proposed constitutional amendment or other question or proposition if any, so submitted. The original statement of canvass and the certified copies thereof shall be securely and separately sealed with sealing wax in an envelope properly indorsed on the out- side thereof by the inspectors, and shall be kept inviolate by the officers or board with whom they are filed until delivered, together with the sealed packages of void and protested ballots, to the county or city board of canvassers. § 113 Conduct of Elections and Canvass of Votes. 121 § 113. Delivery and filing of papers relating to the election. — Subdivision 1. If the election be other than an election of town, city, village or school officers, held at a different time from a general election, the chairman of the board of inspectors of each election district, except in the city of New York and in the B county of Erie, shall forthwith upon the completion of such cer- tified original statement of the result, deliver one certified copy thereof to the supervisor of the town in which the election, if outside of a city, is situated, and if in a city, to one of the super- visors of said city. If there be no supervisor, or he be absent or unable to attend the meeting of the county board of canvassers, such certified copy shall be forthwith delivered, to an assessor of such town or city. One certified copy of such original state- ment of the result of the canvass, the poll books of such elec- tion, and one of the tally sheets, shall be forthwith filed by such inspectors, or by one of them deputed for that purpose, with the town clerk of such town, or the city clerk of such city, as the case may be. The original certified statement of the result of the canvass, with the original ballot return prepared by the ballot clerk, attached, the sealed package of void and protested ballots, the record as to challenged and assisted voters, and the sealed packages of detached stubs and unvoted ballots, and one of the tally sheets shall, within twenty-four hours after the com- pletion of such canvass, be filed by the chairman of the board of inspectors, with the county cletk of the county in which the election district is situated. The register of electors and public copy thereof shall be filed as prescribed in section thirty-five of this act. {Thus amended by L. 1905, chaps. 165 and 648.) Subdivision 2. In the city of New York the original statement of canvass and the sealed package of void and protested ballots shall be filed by the chairman of the board of inspectors within twenty-four hours after, the completion of the canvass with the county clerk of the county within which the election district is located, together with one of the poll books and one of the tally sheets, properly certified by the poll clerks. One certified copy of such original statement, one poll book and one tally sheet shall 122 The Election Law. § 113 be filed within such time with the board of elections and with the chief clerk of the branch oflace of the board of elections, as the case may be, in the borough within which the election district is located by an inspector designated by the board of inspectors for that duty, and the other certified copy of such original statement with the city clerk, by an inspector designated by the board of inspectors for that duty. In election districts in the city of New York, the boards of inspectors of election must, at the same time they make and sign the aforesaid original statement and certified copies thereof, make a certified copy of so much thereof as relates to any candidate for member of assembly, senator or representa- tive in congress, voted for in said election district, and also in any part of any county not within the city of New York, and such certified copy must, within twenty-four hours after the comple- tion of the canvass by the inspectors, be filed by the chairman of the board of inspectors, with the clerk of the county outside of the city of New York of which such officers or any of them are voted for at such election. The sealed packages or detached stubs, and ballots not used at the election shall, in the city of New York, be given by the inspectors to the police who shall return them to the bureau of elections of the borough within which the election district is located. All such packages of detached stubs and unused ballots shall be preserved inviolate in the office in which they are filed, for a period of six months from the time of filing thereof, and may be opened and examined upon the order of the supreme court or a justice thereof, or a county judge within such county, or by a committee of the legis- lature, and at the expiration of such time may be disposed of in the discretion of the oflScer or board having custody of the same. (Thus amended hy chap. 95, L. 1901.) Subdivision 3. In the election districts within the metropolitan elections district the certified copy of the original statement of canvass, the tally sheet and poll book required to be filed with the town or city clerk under subdivision one of this section and the certified copy of the original statement of canvass required to be filed with the city clerk of the city of New Yprk, the poll book § 114 Conduct op Elections and Canvass of Votes. 12'S and tally sheet required to be filed with the superintendent of elections of such city and with the chief of the branch bureaus of elections within such city under subdivision two of this section, shall be forthwith filed by such officers in the office of the state superintendent of elections for the metropolitan elections dis- trict. {Subdivision added ly chap. 630, L. 1899.) Subdivision 4. In the county of Erie one certified copy of the statement of canvass and one tally sheet shall be filed forthwith by one inspector deputed for that purpose, with the clerk of the town or the clerk of the city of Buffalo, or the clerk of the city of Tonawanda, as the case may be, and one certified copy with the clerk of the county of Erie. The original statement of the result of the canvass, together with one tally sheet, the package of void and protested ballots and any and all other packages required by law to be filed by a board of election inspectors, not herein otherwise specified, shall, within twenty-four hours after the completion of such canvass, be filed by the chairman of each board of inspectors with the commissioner of elections. All poll lists for the various election districts in the city of Buffalo shall be filed with the commissioner of elections and those for the city of Tonawanda with the clerk of such city, and those for the towns in Erie county with the town clerks thereof. (Subdivision added by L. 1905, chap. 643.) § 114. Judicial investigation of ballots. — If any certified origi- nal statement of the result of the canvass in an election district shall show that any of the ballots counted at an election therein were objected to as marked for identification, a writ of mandamus may, upon the application of any candidate voted for at such election in such district, within twenty days thereafter, issue out of the supreme court to the board or body of canvassers, if any, of the return of the inspectors of such election district, and other- wise to the inspectors of election making such statement requir- ing a recount of the votes on such ballots. If the court shall, in the proceedings upon such writ, determine that any such ballot was marked for the purpose of identification, the court shall order 124 The Election Law. § 130 such ballot and the votes thereon to be excluded upon a recount of such votes. A like writ may in the same manner be issued to determine whether any ballot and the votes thereon which has been rejected by the inspectors as void, shall be counted. If in the proceedings upon such writ the court shall determine that the votes upon any such ballot rejected as void shall be counted, the court shall order such ballot and the votes thereon to be counted upon a recount of such votes. Boards of inspectors of election districts, and boards of canvassers, shall continue in office for the purpose of such proceedings. ARTICLE VI. County and State Board of Canvassers. Section 130. Organization of county board of canvassers. 131. Production of original statements and copies thereof. 132. Correction of clerical errors in election district statements. 133. Correction in state or county hoard of canvassers' statements. 134. Proceeding of state hoard of canvassers upon corrected state- ment. 135. Statements of canvass by county hoards. 136. Decisions of county hoards as to persons elected. 137. Transmission of statements of county hoards to secretary of state. 138. Organization and duties of board of canvassers of the city of New York. 139. Organization of state hoard of canvassers. 140. Canvass by state board. 141. Certificates of election. 142. Record in office of secretary of state of county officers elected. § 130. Organization of county board of canvassers. — The board of supervisors of each county shall be the county board of can- vassers of such county. The county board of canvassers of the counties wholly or partly within the city of New York shall be the city board of canvassers of the city of New York within their respective counties. The county board of canvassers of a county containing a city of the second class shall be the city board of § 131 County and State Board of Canvassers. 125 canvassers of such city. The county board of canvassers of the respective counties shall meet on the Tuesday next after each election of public oflEicers held in such county other than an elec- tion of town, city, village or district school oflScers held at a different time from a general election. In the county of Erie the board of county canvassers shall meet at the usual place of meeting of the board of supervisors and in all other counties at the oflSce of the county clerk. Upon such meeting they shall choose one of their number chairman of such board. In the county of Erie the commissioner of elections shall be the secre- tary of the board of county canvassers and in all other counties the county clerk, or if he be absent or unable to act, the deputy county clerk of such county, shall be the secretary of such board. The secretary of the board shall thereupon administer the consti- tutional oath of oflSce to the chairman of the board, who shall then administer such oath to each member, and to the secretary of the board. A majority of the members of any board of can- vassers shall constitute a quorum thereof. If, on the day fixed for such meeting, a majority of any such board shall not attend, the members of the board then present shall elect the chairman of the board and adjourn to some convenient hour of the next day. If such board, or a majority thereof, shall fail or neglect to meet within two days after the time fixed for organizing such board, the supreme court, or any justice thereof, or county judge within such county, may compel the members thereof by writ of mandamus to meet and organize forthwith. {Thus amended iy L. 1901, chap. 208, and L. 1905, chap. 643.) § 131. Production of original statements and copies thereof. — As soon as such board of county canvassers shall have been organized, the officer with which they were filed, shall deliver to such board of canvassers all the original statements of can- vass received from inspectors of election for districts within the county for which "said board are county or city canvassers. The copies of the original statements which have been delivered to members of the board of assessors shall then be delivered to 126 The Election Law. § 132 the board. If any member of the county board of canvassers shall be unable to attend the first meeting of such board, he shall, at or before such meeting, cause to be delivered to the secretary of such board all such copies of original statements delivered to him, and any original statement that may have come into his pos- session. If, at the first meeting of a county board of canvassers of any county, all such original statements of the result of the canvass of the votes cast at such election in all the election dis- tricts in the county shall not be produced before the board, it shall adjourn to some convenient hour of the same or the next day, and the secretary of such board shall, by special messenger or otherwise, obtain such missing original statements, if possible, otherwise he shall procure one of the certified copies thereof in time to be produced before such board at its next meeting. At such first meeting, or as soon as an original statement of the result of the canvass of the votes cast at such election in every election district of the county shall be produced before such board, or a copy thereof, in case the original cannot be produced, the board shall, from such original statements and certified copies, proceed to Canvass the votes cast in such county at such election. {Thus amended hy chap. 379, L. 1897.) § 132. Correction of clerical errors in election district state- ments. — If, upon proceeding to canvass such votes, it shall clearly appear to any county board of canvassers that certain matters are omitted from any such statement or copy, which should have been inserted, or that any merely clerical mistakes exist therein, they shall have power, and such power is hereby given, to summon the inspectors of election whose names are sub- scribed thereto, before such board, and such inspectors shall forthwith meet and make such correction as the facts of the case require ; but such inspectors shall not change or alter any decision before made by them, but shall only cause their canvass to be correctly stated. The board of county canvassers may adjourn from day to day not exceeding three days in all, for the purpose of obtaining and receiving such corrected statements. §§ 133, 134 County and State Board of Canvassers. 127 § 133. Correction in state or county board of canvassers statements.- — The supreme court may, upon affldavit presented by any elector, showing tha:t errors have occurred in any state- ment or determination made by the state board of canvassers, or by any board of county canvassers, or that any such board has failed to act in conformity to law, make an order requiring such board to correct such errors, or perform its duty in the manner prescribed by law, or show cause why such correction should not be made or such duty performed. If such board shall fail or neglect to make such' correction, or perform such duty, or show cause as aforesaid, the court may compel such board, by writ of mandamus, to correct such errors or perform such duty; and if it shall have made its determination and dissolved^ to reconvene for the purpose of making such corrections or perform- ing such duty. Such meeting of the board of state or county canvassers shall be deemed a continuation of its regular session, for the purpose of making such corrections, or otherwise acting as the court may order, and the statements and certificates shall be made and filed as the court shall direct, and shall stand in lieu of the original certificates and statements so far as they shall vary therefrom, and shall in all places be treated with the same effect as if such corrected statement has been a part of the original required by law. A special proceeding authorized by this sec- tion must be commenced within four months after the statement or determination in which it is claimed errors have occurred was made, or within four months after it was the duty of the board to act in the particular or particulars as to which it is claimed to have failed to perform its duty. § 134. Proceeding of state board of canvassers upon cor- rected statements. — When a new or corrected statement or certificate made by a board of county canvassers, under the pro- visions of the preceding section, shall vary from the original statement or certificate with reference to votes for the oflBces of governor, lieutenant-governor, judge of the court of appeals, justice of the supreme court, secretary of state, comptroller, gtate treasurer, attorney-general, state engineer and surveyor, 128 The Election Law. § 134 senator or representative in congress, or either of them, the county clerk, or other ofBcer with whom the same is filed, shall forthwith prepare and transmit certified copies thereof to the oflScials mentioned in section one hundred and thirty-seven of this act, in the manner therein prescribed. The secretary of state shall thereupon file in his office the certified statement received by him, and obtain from the governor and comptroller the certified statements received by them, or either of them, and file the same in his oflBce. He shall then, and within five days after any such certified copy of statements has been received by him, appoint a meeting of the state canvassers to be held at his oflBce, or the ofiBce of the state treasurer or comptroller, and the said board of state canvassers shall, from such certified copies or state- ments, proceed to make a new statement of the whole number of votes given at the election referred to in such statement for the various ofiices above mentioned, or either of them, so far as the number of votes for any particular ofBce or candidate has been changed by such new or corrected statements in the manner provided by section one hundred and thirty-nine of this act. Upon the new or corrected statement thus made, the said board of state canvassers shall then proceed to determine and declare what person or persons whose votes are affected by such new or corrected statement have been, by the greatest number of votes, duly elected to the various offices, or either of them, and the statement, certificate and declaration thereupon made shall stand in lieu of the original statement, declaration and certificate so far as the latter are changed by the former. The supreme court shall, upon application of a candidate interested in the result of such new or corrected statement, or of any elector in the county from which such statement came, and upon proof by affidavit' that the same has been made and filed as herein provided, and that the state board of canvassers has neglected or refused to act thereon within the time above prescribed, require said board to act upon such new or corrected statement, and canvass the same as above provided, or show cause why it should not do 80 ; and in the event of the failure of such board to act upon § 135 County akd State Board of Canvassers. 129 such new or corrected statement and canvass the same, or show cause as aforesaid, the court may compel such board by writ of mandamus to act upon and canvass such new or corrected state- ment, and make a statement, certificate and declaration in accordance therewith; and if the state board of canvassers shall have made a determination, and adjourned or dissolved before receiving such new or corrected statement, the court may compel such board to reconvene for the purpose of carrying out its order and direction; and for that purpose the meeting of said board shall be deemed a continuance of its regular session. The state board of canvassers and the secretai^f of state shall respectively have the same power, and discharge the same duties with refer- ence to statements made under this section, that they have and are charged with under the provisions of section one hundred and thirty -nine, and one hundred and forty, of this act. § 135. Statements of canvass by county boards. — Upon the completion by a county board of canvassers, of the canvass of votes of which original statements of canvass, or certified copies thereof, are by law required to be delivered to them, by the boards of officers with whom the same may have been filed by the inspect- ors of election, they shall make separate statements thereof as follows : 1. One statement of all such votes cast for each office of elector of president and vice-president of the United States. 2. One statement of all such votes cast for each state office. 3. One statement of all such votes cast for each office of repre- sentative in congress, except that the board of canvassers in the county of New York shall not make a statement of the votes cast in any election district in said county, for any candidate for the office of assemblyman, senator or representative in congress, the candidates for which were also voted for by electors in election districts in any county not within The City of New York. 4. One statement as to all' such votes cast upon every pro- posed constitutional amendment or other proposition or question duly submitted to all the electors of the state, 9 130 The Election Law. § 135 5. One statement as to all the votes cast for all .and each of the candidates for each office of member of assembly for which the electors of such county or any portion thereof, except as provided in the paragraphs numbered three in this section, were entitled to vote at such election. 6. One statement as to all the votes cast for each county office, and office of school commissioner, for which the electors of such county, or any portion thereof, were entitled to vote at such elec- tion, and to be canvassed by them. 7. One statement as to all the votes, if any, so cast upon any proposition or question upon which only the electors of such county were entitled to votfi at such election. 8. In the counties wholly or partly within The City of New York, the respective county boards shall make a separate state- ment; as to the votes, if any, so cast upon any proposition or question upon which only the electors of such city were entitled to vote at such election in such county or portion thereof. Each such statement shall set forth^ in words written out at length, all such votes cast for all the candidates for each such office; and if any such office was to be filled at such election by the elect- ors of a portion only of such county all the votes cast for all the candidates for each office in any such portion of the county, designating by its proper district number or other appropriate designation, the names of each such candidate and the number of votes so cast for each, the whole number of votes so cast upon any proposed constitutional amendment or other proposition or question, and of all the votes so cast in favor of and against the same respectively. In the counties wholly or partly within The City of New York the respective county boards shall make a separate statement of the votes cast for all the city officers voted for by the electors of such city or any portion thereof, within such counties. If, upon such canvass, in any original statement or duly certified copy of an original statement of the result of the canvass of the votes of any election district in such county or , city, there shall be included any ballot indorsed by the inspectors to the effect that it was objected to as marked for iden- § 136 County and State Board of Canvassers. 131 tification, the county and city boards of canvassers shall add to each statement in which the counting of any such ballot or any portion thereof is included, a statement of the whole number of ballots so indorsed and counted. If, upon such canvass, in any original statement or duly certified copy of an original statement of the result of the canvass of the votes of any election district there shall be included any ballot indorsed by the inspectors to the effect that it was rejected as void, the county and city boards of canvassers shall add to each statement, a statement of the whole number of ballots so indorsed. The statements required by this section shall each be certified as correct over the signa- tures of the members of the board, or a majority of them, and shall be filed and recorded in the office of the county clerk of such county. When the whole canvass shall be completed, the original statements of canvass and certified copies used thereat shall be filed in the office of the secretary of the board. The certified copies of such original statement of canvass not used at the canvass and the sealed packages of void and pi'otested' ballots shall be retained in the office in which or by the officer with whom they were filed. The sealed packages of void and protested ballots shall be retained inviolate in the office in which they are filed subject to the order and examination of a court of competent jurisdiction and may be destroyed at the end of six months from the time of the completion of such canvass, unless otherwise ordered by a court of competent jurisdiction. (Thus amended ly chap. 379, L. 1897.) § 136. Decisions of county board as to persons elected. — Upon the completion of the statement required by section one hundred and thirty-five of this act the board of canvassers for each cpunty shall determine what person has by the greatest number of votes been so elected to each office of member of assembly to be filled by the electors of each county for which they are county canvass- ers if constituting one assembly district, or in each assembly dis- trict therein, if there be more than one, and each person elected by the greatest number of votes to each county office of such 132 The Election Law. § 1^^ county to be filled at such election, and if there be more than one school commissioner district in such county, each person elected by the greatest number of votes to the ofiQce of school commis- sioner to be filled at such election in each such district. The county clerk of the county of Hamilton shall forthwith transmit to the county clerk of the county of Fulton, a certified copy of the statement so filed and record it in his office, of the county board of canvassers of Hamilton county, as to all the votes so cast in Hamilton county for all the candidates and for each of the candi- dates for the office of member of assembly of the assembly district composed of Fulton and Hamilton counties; and the county clerk of Fulton county shall forthwith deliver the same to the Fulton county board of canvassers, who shall from such certified copy, and from their own statement as to the votes so cast for such oiBce in Fulton county, determine what person was at such elec- tion, elected by the greatest number of votes to such office. Such board of each county shall determine whether any proposition or question submitted to the electors of such county only, has by the greatest number of votes been adopted or rejected. All such determinations shall be reduced to writing, and signed by the members of such board, or a majority of them, and filed and recorded in the office of the county clerk of such county, except in the county of Erie and in the county of Erie in the office of the commissioner of elections, who shall each cause a copy thereof, and of the statements filed and recorded in his office, upon which such determination was based, to be published in accordance with the provisions of sections twenty-one and twenty-two of the county law. The clerk of each county, except the county of Erie, and in the county of Erie the commissioner of elections, shall prepare as many certified copies of each certificate o;f the deter- mination of the county board of canvassers of such county as there are persons declared elected in such certificate, and shall, without delay, transmit such copies to the persons therein declared to be elected, respectively. {Thus amended ly chap. 379, L. 1897 and chap. 643, L. 1905.) § 137 County and State Boaed of Canvassers, 133 § 187. Transmission of statements of county boards to secre- tary of state and board of elections. — Upon the filing in the ofiace of the county clerk or commissioner of elections, of a statement of the county board of canvassers as to the votes cast for candidates for the oflBces of electors of president and vice-president, or as to the votes cast for candidates for state officers, except member of assembly and for representatives in congress, or as to the votes cast on any proposed constitutional amendment or other proposi- tion or question submitted to all the electors of the state, such county clerli or commissioner of elections, shall forthwith make three certified copies of each such statement, and, within five days after the filing thereof in his office, transmit by mail one of such copies to the secretary of state, one to the governor and one to the comptroller of the state. The governor and comptroller shall forthwith upon the receipt thereof by them deliver such certified copies, to the secretary of state. If any certified copy shall not be received by the secretary of state on or before the last day of November next after a general election, or within twenty days after a special election, he shall dispatch a special messenger to obtain such certified copy from the county clerk or commissioner of elections required to transmit the same, and such county clerk or commissioner of elections, shall immediately upon demand of such messenger at his office make and deliver such a certified copy to such messenger who shall, as soon as practicable, deliver it to the secretary of state. The county clerk of each county, except in the county of Erie, and in the county of Erie the commissioner of elections, shall transmit to the secretary of state, within twenty days after a general election, and within ten days after a special election, a list of the name and residence of each person determined by the board of county canvassers of such county to be elected member of assembly, school commissioner, and to any county office; and on or before the fifteenth day of December in each year a certified tabulated statement of the official canvass of the votes cast in each such county by election districts at the last preceding general election. The secretary of state shall obtain from the governor and comptroller such cer- 134 The Election Law. § 1^8 tified copies so transmitted to them and file the same in his office. Upon the filing in the office of the county clerk of a county wholly or partly within the city of New York of a statement of the county board of canvassers as to the votes cast for candidates for a city office within such city such county clerk shall forth- with make a certified copy of each such statement and, within five days after the filing thereof in his office, deliver in a sealed envelope such certified copy to the board of elections of the city of New York ; on or before the fifteenth day of December in any year in which there shall have been an election for a city office for which votes were cast in a county within the city of New York the county clerk thereof shall file with the city clerk of such city a certified copy of the official canvass of the votes cast in such county or portion thereof by election districts for such city office and such canvass by election districts shall, as soon as pos- sible thereafter, be published in the City Record. (Thus amended ly L. 1901, chap. 95, and L. 1905, chap. 643.) § 138. Organization and duties of board of canvassers of the city of New York. — The board of elections of the city of New York shall be the board of canvassers of the city of New York of the statements of the county board of. canvassers of the counties within such city of the votes cast in such city or any portion thereof for a city office or upon any proposition or question upon which only electors of such city were entitled to vote. The members of the board of elections shall meet at the usual place for holding their regular meeting of such body on the first Monday in December succeeding a general election for a city office within such city and within thirty days after such special election and shall organize by selecting one of the members as chairman. The secretary of the board of elections of the city of New York shall be the secretary of such board or if he be unable to serve the board may appoint a chief clerk to be , the secretary of such board. The secretary shall thereupon administer to the chairman the constitutional oath of office and the chairman shall administer such oath to the members of such § 138 County and State Board of Canvassers. 135 board and the secretary thereof. As soon as such board shall have organized the secretary shall deliver to such board the cer- tified copies of the statement of the county boards of canvassers of each county wholly or partly within such city of the votes cast for candidates for city oflSce within such city and upon any propo- sition or question, if any submitted, to the electors of such city only and the said board shall proceed to canvass such statements. If a certified copy of any statement of any county board required to be delivered to said board shall not be delivered prior to the meeting and organization of said board, it may adjourn such meeting from day to day not exceeding a term of five days and it shall be the duty of the secretary to procure from the county clerk of such county the required certified copy of such statement. Upon the completion of such canvass said board shall make separate tabulated statements signed by the members of such board or a majority thereof, and attested by the secretary, of the whole number of votes cast for all the candidates for each oflSce shown by such certified statements to have been voted for and of the whole number of votes cast for each of such candidates, indicating the number of votes cast in each county for them, and if the voters of not more than one county or portion of such county were entitled to vote for such candidates, the name and portion of such county and the name of each candidate, and the determination of the board of the persons thereby elected to such ofBce by the greatest number of votes. The said board shall also make a separate similar tabulated statement of the vote cast upon any proposition or question submitted at the election to the electors of such city only and shall include a determination as to whether such proposition or question by the greatest number of votes has been adopted or rejected. Each such statement and determination shall be filed and recorded in the oflQce of the board of elections and the said board shall cause the publication of the same in at least two newspapers within each borough of such city and in the City Record. Upon the filing in the oflSce of the board of elections of such statements and determination the president of the board of elections shall issue and transmit by 136 The Election Law. §§ 139, 140 mail or otherwise a certificate of election to each person shown thereby to be elected, such certificate to be countersigned by the members of the board of elections of the city of New York under the seal of The City of New York. {Thus amended by chap. 95, L. 1901.) § 139. Organization of state board of canvassers.— The secre- tary of state, attorney-general, comptroller, state engineer and surveyor, and treasurer, shall constitute the state board of can- vassers, three of whom shall be a quorum. If three of such officers shall not attend on a day duly appointed for a meeting of the board, the secretary of state shall forthwith notify the mayor and recorder of the city of Albany to attend such meeting, and they shall forthwith attend accordingly, and shall, with the ather such officers attending, constitute such board. The secre- tary of state shall appoint a meeting of such board at his office, or at the office of the treasurer or comptroller on or* before the fifteenth day of December next after each general election, and within forty days after each special election, to canvass the statement of boards of county canvassers of such election. He shall notify each member of the board of such meeting. The board may adjourn such meeting from day to day, not exceeding a term of five days. § 140. Canvass by state board. — Such board shall at such meeting proceed to canvass the certified copies of the statements of the county board of canvassers of each county in which such election was held. If any member of such board shall dissent from a decision of the board, or shall deem any of the acts or proceedings of the board to be irregular, and shall protest against the same, he shall state such dissent or protest in writing signed by him, setting forth his reasons therefor, and deliver it to the secretary of state, who shall file it in his office. Upon the com- pletion of such canvass, such board shall make separate tabu- lated statements signed by the members of such board, or a majority thereof, of the whole number of votes cast for all the candidates for eagh office ^hown by such certified copies to have §§ 141, 142 County and State Board of Canvassers. . 137 been voted for, and of the whole number of votes cast for each of such candidates, indicating the number of votes cast in each county therefor, and if the voters of not more than one district of the state were entitled to vote for such candidates therefor, the name and number of such district, and the name of each candidate and the determination of the board of the persons thereby elected to such oflSce; the whole number of votes shown by such certified copies to have been cast upon each proposed constitutional amendment or other proposition or question shown by such copies to have been voted upon, the whole number of votes cast in favor of and against each, respectively, and the determination of the board as to whether it was adopted or rejected. Each such statement, dissent and protest, shall be de- livered to the secretary of state, and recorded in his oflSce. § 141. Certificates of election. — The secretary of state shall thereupon forthwith transmit a copy, certified by his signature and oflScial seal, of each such statement as to votes cast for candidates for any offlce, to the person shown thereby to have been elected thereto. He shall prepare a general certificate, under the seal of this state, and attested by him as secretary thereof, addressed to the house of representatives of the United States, in that congress for which any person shall have been chosen, of a due election of the person so chosen at each election a representative of this state in congress; and shall transmit the same to the house of representatives at their first meeting. If either of the persons so chosen at such election shall have been elected to supply a vacancy in the office of representative in congress, it shall be mentioned by the secretary of state in the statements to be prepared by him. § 142. Record in office of secretary of state of county officers elected. — The secretary of state shall enter in a book to be kept in his office the names of the respective county officers elected in this state, including school commissioners, specifying the counties and districts for which they were severally elected, and their places of residence, the offices to which they were respectively elected, and the terms of office. 138 The Election Law. § 160 ARTICLE VII.» Voting Machines. Section 160. State voting machine commissioners. 161. Examination of voting machine. 162. Requirements of voting machine. 163. Adoption of voting machine. 164. Experimental use of voting machine. 165. Providing machines. 166. Payment for machines. 167. Form of ballots. 168. Sample ballots. 169. Number of official ballots. 170. Distribution of ballots and stationery. 171. Tally sheets. 172. UnofTieial ballots. 173. Opening the polls; independent ballots. 174. Location of machines; guard rail. 175. Manner of voting. 176. Instructing voters. 177. Disabled voters. 178. Canvass of vote and proclamation of result. 179. Disposition of independent ballots; and preserving the record of the machine. 180. Application of other articles and penal code. 181. When ballot clerks not to be elected. 182. Number of voters in election district. 183. Definitions. 184. Repeal of laws. Section 160. State voting machine commissioners. — The com- missioners appointed under chapter four hundred and fifty of the laws of eighteen hundred and ninety-seven are continued in oflSce until and including December thirty-first, nineteen hundred and two, and shall be known as voting machine commissioners. Their successors shall be appointed for a full term of five years. Vacancies shall be filled by the governor for the remainder "of the unexpired term, and all terms shall expire on the thirty-first day of December. Any commissioner now in ofiSce or hereafter "'Article added by chap. 46U, L. 1899. §§ 161, 162 Voting Machines. 139 appointed may be removed at the pleasure of the governor. No voting machine commissioner shall have any pecuniary interest in any voting machine. There shall be three such commissioners, who shall constitute a board to be known as the state board of voting machine commissioners. One of such commissioners shall be an expert in patent law and two shall be mechanical experts. § 161. Examination of voting machines. — Any person or cor- poration owning or being interested in any voting machine may apply to the state board of voting machine commissioners to examine such machine and report on its accuracy, efficiency and capacity to register the will of voters. The commissioners shall examine the machine and report accordingly. Their report shall be filed in the office of the secretary of state and shall state whether in their opinion the kind of machine so examined can be safely used by such voters at elections, under the conditions pre- scribed in this article. If the report states that the machine can be so used, it shall be deemed approved by the commissioners and machines of its kind may be adopted for use at elections as herein provided. When the machine has been so approved, any improvement or change that does not impair its accuracy, effi- ciency or capacity shall not render necessary a re-examination or reapproval thereof. Any form of voting machine not so approved, or which has not been heretofore examined by said commis- sioners and reported on pursuant to law, and its use specifically authorized by law, cannot be used at any election. Each com- missioner is entitled to one hundred and fifty dollars for his compensation and expenses in making such examination and re- port, to be paid by the person or corporation applying for such examination. {Thus amended hy chap. 530, L. 1901.) § 162. Requirements of voting machine.— A voting machine approved by the state board of voting machine commissioners may be so constructed as to provide facilities for voting for the candidates of at least seven different parties or organizations. It must be provided with a single straight ticket device for each of said parties; by the use of which a voter may vote for 140 The Election Law. §§ 163, 164 all the candidates of that pafty, and must permit a voter to vote for any person for any oflflce, whether or not nominated as a candidate by any party or organization, and must permit voting in absolute secrecy. Such machine shall also be so con- structed that a voter cannot vote for a candidate or on a propo- sition for whom or on which he is not lawfully entitled to vote. It must also be so constructed as to prohibit voting for more than one person for the same office, except where a voter is lawfully entitled to vote for more than one person for that office, and it must afford him an opportunity to vote for as many persons for that office as he is by law entitled to vote for and no more, at the same time prohibiting his voting for the same per- son twice. It must be provided with a lock or locks, by the use of which immediately after the polls are closed or the operation of such machine for such election is completed any movement of the voting or registering mechanism is absolutely prohibited. It may also be provided with one ballot in each party column or row containing only the words " presidential electors " pre- ceded by the pa*ty name, and a vote for such ballot shall operate as a vote for all the candidates of such party for presidential electors, and shall be counted as such. (Thus amended by chap. 530, L. 1901.) § 163. Adoption of voting machine. — The board of elections of the city of New York, the common council of any other city, the town board of any town, or the board of trustees of any village may adopt for use at elections any kind of voting machine ap- proved by the state board of voting machine commissioners, or the use of which has been specifically authorized by law; and there- upon such voting machine may be used at any or all elections held in such city, town or village, or in any part thereof, for voting, registering and counting votes cast at such elections. Different voting machines may be adopted for different districts in the same city, town or village. (Thus amended hy chap. 530, L. 1901.) § 164. Experimental use of voting machine. — The authorities of a city, town or village authorized by the kst section to adopt a §§ 165, 166, 167 Voting Machines. 141 voting machine may provide for the experimental use, at an elec- tion in one or more districts, of a machine which it might law- fully adopt, without a formal adoption thereof; and its use at such elections shall be as valid for all purposes as if it had been lawfully adopted. § 165. Providing machines. — The local authorities adopting a voting machine shall, as soon as practicable thereafter, provide for each polling place one or more voting machines in complete working order, and shall thereafter preserve and keep them in repair, and shall have the custody thereof and of the furniture and equipment of the polling place when not in use at an elec- tion. If it shall be impracticable to supply each and every elec- tion district with a voting machine or voting machines at any election following such adoption, as many may be supplied as it is practicable to procure, and the same may be used in such election district or districts within the city, town or village as the oflScers adopting the same may direct. § 166. Payment for machines. — The local authorities, on the adoption and purchase of a voting machine, may provide for the payment therefor in such manner as they may deem for the best interest of the locality and may for that purpose issue bonds, certificates of indebtedness or other obligations which shall be a charge on the city, town or village. Such bonds, certificates or other obligations may be issued with or without interest, payable at such time or times as the authorities may determine, but shall not be issued or sold at less than par. § 167. Form of ballots. — All ballots shall be printed in black ink on clear, white material of such size as will fit the ballot frame, and in plain, clear type as the space will reasonably per- mit. The party device for each political party represented on the machine, which has been duly adopted by such party in accordance with this chapter, and the party name or other desig- nation shall be prefixed to the list of candidates of suclj party. Each party list may be further distinguished by a stripe of color 142 The Election Law. §§ 168-172 below the party device, which shall be adopted in the same man- ner as the party emblems. The order of the list of candidates of the several parties or organizations shall be arranged as provided by this chapter for blanket ballots, except that the lists may be arranged in horizonal rows or vertical columns. § 168. Sample ballots. — The officers or board chai'ged with the duty of providing ballots for any polling place shall provide therefor two sample ballots which shall be arranged in the form of a diagram showing the entire front of the voting machine as it will appear after the oflScial ballots are arranged for voting on election day. Such sample ballots shall be opened to public inspection at such polling place during the day next preceding election day. (Thus amended ty chap. 530, L. 1901.) § 169. Number of official ballots. — Four sets of ballots shall be provided for each polling place for each election for use in the voting machine. § 170. Distribution of ballots and stationery. — The ballots and stationery shall be delivered to the board of inspectors of each election district before ten o'clock in the forenoon of the day next preceding the election. § 171. Tally sheets. — Columns numbered two and three and the four columns at the right of the tally sheet prescribed by section eighty-four may be omitted in the printed: blank tally sheets furnished for polling places at which a voting machine is used. The blank tally sheets and return shall in other respects conform substantially to the requirements of this chapter. § 172. Unofficial ballots. — If the official ballots for an election district at which a voting machine is to be used, required to be furnished by or to any town, or city clerk, or board, shall not be delivered at the time required, or if after delivery shall be lost, destroyed or stolen, the clerk of such town or city, or such board, or the election inspectors of such district, shall cause other bal- lots to be prepared, printed or written, as nearly in the form of § 173 Voting Machines. 143 the ofiScial ballots as practicable, and the inspectors shall cause the ballots so substituted to be used at the election in the same manner, as near as may be, as the official ballots. Such ballots so substituted shall be known as unofficial ballots. § 173. Opening the polls ; independent ballots.— The inspectors of election and poll clerks of each district shall meet at the polling place therein, at least three quarters of an hour before the time set for the opening of the polls at each election, and shall proceed to arrange within the guard rail the furniture, stationery and voting machine for the conduct of the election. The inspectors of election shall then and there have the voting machine, ballots and stationery required to be delivered to them for such election: and if it be an election at which registered voters only can vote, the registry of such electors required to be made and kept therefor. The inspectors shall thereupon cause at least two instruction cards, and if printed in different lan- guages, at least two of each language to be posted conspicuously within the polling place. If not previously done, they shall in- sert in their proper place on the voting machine, the ballots con- taining the names of offices to be filled at such election, and the names of candidates nominated therefor. If not previously done, they shall place all the counters on each voting machine so as to register zero, and shall not permit such counters to be thereafter operated, except by electors in voting. Before the polls are open for election, each inspector shall carefuly examine every counter and see that it registers zero, and the same shall be subject to the inspection of the official watchers. Ballots voted for any person whose name does not appear on the machine as a nominated candidate for office, are herein referred to as independent ballots. Where two or more persons are to be elected to the same office, and each candidate's name is placed upon or adjacent to a separate key or device, and the machine, requires that all independent ballots voted for that office be deposited, written or affixed in or upon a single receptacle or device, an elector may vote in or by such receptacle or device l44 ^HE Election Law. §§ iti, 1?S for one or more persons whose names do not appear upon the machine with or without the names of one or more persons whose names do so appear. In voting for presidential electors, an elector may vote an independent ticket made up of the names of persons in nomination by different parties, or partially of names of persons so in nomination and partially of names of persons not in nomination, or wholly of names of persons not in nomination by any party. Such independent ballot shall be de- posited, written or affixed in or upon the receptacle or device provided on the machine for that purpose. With these excep- tions, no independent ballot shall be voted for any person for any office whose name appears on the machine as a nominated candidate for that office; any independent ballot so voted shall not be couiQted. An independent ballot must be cast in its ap-^ propriate place on the machine, or it shall be void and not counted. {Thus amended hy chap. 530, L. 1901.) § 174. Location of machines; guard-rail. — ^The exterior of the voting machine and every part of the polling place shall be in plain view of the election officers and watchers. The voting machine shall be placed at least three feet from every wall and partition of the polling place, and at least three feet from the guard-rail, and at least four feet from the poll clerk's table. A guard-rail shall be constructed at least three feet from the ma- chine, with openings to admit electors to and from the machine. § 175. Manner of voting. — After the opening of the polls, the inspectors shall not allow any voter to pass within the guard- rail until they ascertain that he is duly entitled to vote. Only one voter at a time shall be permitted to pass within the guard- rail to vote. The operating' of the voting machine by the elector while voting shall be secret and obscured from all other persons except as provided by this chapter in cases of voting by assisted electors. No voter'shall remain within the voting machine booth longer than one minute, and if he shall refuse to leave it after the lapse of one minute, he shall be removed by the inspectors. §§ lt6-n^ -Voting Machines. 145 § 176. Instructing voter. — In case any elector after entering the voting machine booth shall ask for further instructions concern- ing the manner of voting, two inspectors of opposite political parties shall give such instructions to him; but no inspector or other election oflBcer or person assisting an elector shall in any manner request, suggest or seek to persuade or induce any such elector to vote any particular ticket, or for any particular candi- date, or for or against any particular amendment, question or proposition. After receiving such instructions, such elector shall vote as in the case of an unassisted voter. § 177. The provisions of subdivision three of section thirty- four, and of subdivision two of section one hundred and four of the election law, shall apply also when ballot machines are used, and the word " booth " when used in such sections, shall be inter- preted to include the ballot machine enclosure or curtain. § 178. Canvass of vote and proclamation of result. — As soon as the polls of the election are closed, the inspectors of election thereat shall immediately lock the voting machine against voting, and open the counting compartments in the presence of the watchers and all other persons who may be lawfully within the polling place, giving full view of all the counter numbers. The chairman of the board of inspectors shall, in the order of the oflSces as their titles are arranged on the machine, read and an- nounce in distinct tones the result as shown by the counter num- bers, and shall then read the votes recorded for each ofiSce on the independent ballots. He shall also in the same manner an- nounce the vote on each constitutional amendment, proposition or other question. As soon as the result for each ofiSce and on each amendment, proposition or other question is ascertained, the poll clerks shall record it and submit their records to the inspectors for examination, and if found to be correct, the chair- man shall at once announce the result of the vote for such office, or on such amendment, proposition or other question. § 179. Disposition of independent ballots, and preserving the record of the machine. — The inspectors of election shall, as soon 10 146 The Election Law. §§ 180, 181, 182 as the count is completed and fully ascertained as in this act re- quired, lock the machine against voting, and it shall so remaiti for the period of thirty days, except by the order of a court of competent jurisdiction. Whenever independent ballots have been voted, the inspectors shall return all of such ballots in a prop- erly secured sealed paekage endorsed " independent ballots," and file such package with the original statement of canvass. It shall be preserved for six months after such election, and may be opened and its contents examined only upon order of the supreme court or a justice thereof, or a county judge of such county, and at the expiration of such time, such ballots may be disposed of in the discretion of the officer or board having charge of them. {Thus amended hy chap. 530, L. 1901.) § 180. Application of other articles and penal code. — The pro- visions of the other articles of this chapter apply as far as prac- ticable to voting by voting machines, except as herein provided. The provisions of the penal code and of this chapter relating to misconduct at elections shall apply to elections with voting machines. § 181. When ballot clerks not to be elected. — Ballot clerks shall not be elected or appointed for any district for which a voting machine shall have been adopted, and which will be sup- plied and ready for use at the next election to be held therein. § 182. Number of voters in election districts. — For any election in any city, town or village in which voting machines are to be used, the election districts in which such machines are to be used may be created by the oflScers charged with the duty of creating election districts, so as to contain as near as may be six hundred voters each. Such re-districting or re-division may be made at any time after any November election and on or before August fifteenth following, and when so made shall take elBfect immedi- ately. Where such re-districting or re-division shall be made in any town, the board making the same shall, on or before Septem- ber first following, appoint from the inspectors of election then §§ 183, 184 Voting Machines. 147 in office (if sufficient therefor are then in office, and, if not, from persons not in office, sufficient to make up the requisite number) four inspectors of election for each election district thus created, two of whom shall belong to and be of the same political faith and opinion on state and national issues as one of the two political parties which at the last preceding general election for state officers shall have cast the greatest number of votes in said town, and the other two of whom shall belong to and be of the same political faith and opinion on state and national issues as the other of said two political parties. Thereafter no redivision of such election districts shall be made for elections by such machines until at some general election the number of votes cast in one or more of such districts shall exceed seven hundred. But the town board of a town in which such machines are used may alter the boundaries of the election districts at any time after a general election and on or before August fifteenth following, provided that the number of such election districts in such town shall not be increased or reduced, and the number of votes to be cast in any district whose boundaries are so altered shall not exceed seven hundred. {Thus amended by chap. 530, L. 1901, and chap. 122, L. 1903.) § 183. Definitions. — The list of candidates used or to be used on the front of the voting machine shall be deemed official ballots under this, chapter for an election district in which a voting machine is used pursuant to law. The word " ballot " as used in this article, (except when reference is made to independent bal- lots) means that portion of the cardboard or paper or other material within the ballot frames containing the name of the candidate for office, or a statement of a proposed constitutional amendment, or other question or proposition with the word " for " or the word " against." § 184. Repeal of laws. — Section forty of the town law as added by chapter eighty-two of the laws of eighteen hundred and ninety- three and renumbered by chapter four hundred and eighty-ojie of the laws of eighteen hundred and ninety-seven, chapter seven 148 The Election Law. § 19'> hundred and sixty-four of the laws of eighteen hundred and ninety-four, chapter seven hundred and sixty-five of the laws of eighteen hundred and ninety-four, chapter three hundred and thirty-nine of the laws of eighteen hundred and ninety-six, chap- ter four hundred and forty-nine of the laws of eighteen hundred and ninety-seven, chapter four hundred and fifty of the laws of eighteen hundred and ninety-seven, and chapter one hundred and sixty-eight of the laws of eighteen hu-ndred and ninety-eight, and all acts amendatory of such acts, are hereby repealed ; but such, repeal shall not be deemed to prohibit the adoption or use of any voting machine at any election within any town, city or village that has adopted the same prior to the passage of this act, but the method of conducting an election therewith shall be in the manner prescribed by this chapter. ARTICLE VIII.* Electors of President and Vice-Presidents, and Representatives in Congress. Section 190. Representatives in congress. 191. Electors of president and vice-president. 192. Meeting and organization of electoral college. 193. Secretary of state to furnish list of electors. 194. Vote of the electors. 195. Appointment of messenger. 19G. Other lists to be furnished. 197. Compensation of electors. 19S. Laws repealed. Section 190. Representatives in congress.^ — Representatives in the house of representatives of the congr^ess of the United States shall be chosen in the several congressional districts at the gen- eral election held therein in the year eighteen hundred' and ninety- six and every second year thereafter. If any such representa- tive shall resign, he shall forthwith transmit a notice of his resig- nation to the secretary of state, and if a vacancy shall occur in any such oflSlce, the clerk of the county in which such representa- *Number of article changed and sections renumbered by c'lap, 466, 1j. 1333. §§ 191-194 Electors op President and Vicb-Prbsidbnt. 149 tive shall have resided at the time of his election, shall, without delay, transmit a notice thereof to the secretary of state. Special election when to be held to fill vacancy. See § 3. § 191. Electors of president and vice-president. — At the gen- eral election in November, preceding the time fixed by the law of the United States for the choice of president and vice-president of the United States, there shall be elected by general ticket as many electors of president and vice-president as this state shall be entitled to, and each elector in this state shall have a right to vote for the whole number, and the several persons to the number required to be chosen having the highest number of votes shall be declared and be duly appointed electors. § 192. Meeting and organization of the electoral college. — The electors of president and vice-president shall convene at the capitol on the second Monday in January next following their election, and those of them who shall be assembled at twelve o'clock, noon, of that day, shall immediately at that hour fill by ballot, and by plurality of votes, all vacancies in the electoral college occasioned by deAth, refusal to serve or neglect to attend at that hour, of any elector, occasioned by an equal number of votes having been given for two or more candidates. The elec- toral college being thus completed, they shall then choose a presi- dent, and one or more secretaries from their own body. § 193. Secretary of state to furnish list of electors. — The secretary of state shall prepare three lists, setting forth the names of such electors, and the canvass under the laws of this state, of the number of votes given for each person for whose elec- tion any and all votes were given, together with the certificate of determination thereon, by the state canvassers; procure to the same the signature of the governor; affix thereto the seal of the state, and deliver the same thus signed and sealed to the presi- dent of the college of electors on the second Monday in January. § 194. Vote of the electors. — Immediately after the organiza- tion of the electoral college, the electors shall then and there vote ,150 The Election Law. §§195,196,197 by ballot for president and vice-president, one of whom at least shall not be an inhabitant of the same state with themselves. Thev shall, name in their ballots the person voted for as president, and in distinct ballots, the person voted for as vice-president. They shall make distinct lists of all persons voted for as president, and of all persons voted for as vice-president, and of the number of votes for each, which lists they shall sign and certify, and after annexing thereto one of the lists received from the secretary of state, they shall seal up the same, certifying thereon, that lists of the votes of this state for president and vice-president are con- tained, therein. § 195. Appointment of messenger. — -The electors shall then, by a writing under their hands, or under the hands of a majority of them, appoint a person to take charge of the list so sealed up, and to deliver the same to the president of the senate, at the seat of government of the United States, before the third Monday in the said month of January. In case there shall be no president of the senate at the seat of government, on the arrival of the i>er- son intrusted with the lists of the votesjof the electors, then such person shall deliver the lists of votes in his custody into the office of the secretary of state of the United States. § 196. Other lists to be furnished. — The electors shall also forward forthwith, by the postoffice in the city of Albany, to the president of the senate of the United States at the seat of govern- ment, and deliver forthwith to the judge of the United States court for the northern district of the state of New York, similar lists signed, annexed, sealed up and certified in the manner afore- said. § 197. Compensation of electors. — Every elector of the state for the election of a president and vice-president of the United States, who shall attend at any election of those officers and give his vote at the time and place appointed by law, shall be entitled to receive for his attendance at such election, the sum of fifteen § 198 Schedule of Laws Repealed. 151 dollars per day, together with ten cents per mile each way, from his place of residence, by the most usual traveled route, to the place of meeting of such electors, to be audited by the comp- troller upon the certificate of the secretary of state, and paid by the treasurer. § 198. Laws repealed, — Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is repealed. SCHEDULE OF LAWS TO BE REPEALED BY THE ELEC- TION LAW. Laws of Chapter. Sections. 1842 130 All. 1844 331 All. 1847 240 All. 1854 286 All. 1855. . , 513 All. 1856 79 All. 1860 480 All. 1870..- 134 All. 1870 388 All. 1871 712 All. 1875 138 All. 1876 287 All. 1877 322 All. 1878 354 All. 1880 56 All. 1880 366 AH. 1880 437 All. 1880 460 All. 1880 553 All. 1881 137 All. 1881 163 All. 1882 154 All. 1882..... ,,. 366 All. 152 The Election Law. § 198 Laws of Chapter. Sections. 1882 410 1839 to 1844 inclu- sive, 1846, 1847 and 1848; 1850 to 1861 inclusive, 1864 to 1866 in- clusive, and 1868 to 1929 inclusive, and 1931. 1883 380 All. 1883 422 All. 1885 446 All. 1887 265 All. 1888 583 For sections re- pealed in title XX, as amended, see chapter 236, Laws 1891, in this schedule. 1889 1 All. 1890 117 All. 1890 169.. All. 1890 262 All. 1890 321 All. 1890 355 All. 1891 7 All. 1891 236... Sections 3 to 25 in- clusive, all after the word " board " in the last line of section 26, and sections 27 to 32 inclusive, of title XX of chapter 583, Laws of 1888, as amended by chapter 236, Laws 1891. § 198 Schedule of Laws Repealed. - 153 Laws of Chapter. Soctiong. 1831 29G All. 1891 336 All. 1892 680 All. 1893 233 All. 1893 274 All. 1893 370 All. 189-4 61 All. 1894 275 All. 18D4 302 All. 1894 348 2, 3, 4, 5 and 6. 1895 810 All. 1895 909 All. 1895 991 All. 1895 992 All. 1895 993 All. 1895 1034 All. Primary Election Law. L. 1898, Chap. 179. — An Act in relation to Enrollment for Politi- cal Parties, Primary Elections, Conventions, and Political Committees. [The whde of the above act was amended by L. 1899, chap. 473, to read as follows.] Section 1. Short title and application of act. — The short title of this act shall be the " Primary Election Law." Except as other- wise herein provided, it shall be controlling; (1) on the methods of enrolling the voters of a party in cities and in villages having five thousand inhabitants or more, according to the last preceding state enumeration of inhabitants; (2) on primary elections in such cities and villages; (3) on party conventions in and for any political subdivision of the state, made up wholly or partly of delegates elected in any such city or any such village; (4) on the choice, in such cities and such villages, of the members of political committees and on the conduct of political committees, in and for any political subdivision of the state, made up wholly or partly of members, from any such city or village. Provided that in case territory to which this act is not applicable shall at any time become incorporated with a city or village to which it shall then be applicable, only the provisions of subdivision one of section three of this act shall apply to such new territory prior to first day of registration thereafter. § 2. Definitions and construction of act. — The terms used in this act shall, for the purposes- of this act, have application as provided in this section, unless other meaning is clearly apparent from the language or context, or manifest intent. The term " committee " shall apply to any committee chosen in pursuance hereof, or of the rules and regulations of a party, to repre- sent the members of the party in any political subdivision of the 154 § 3 Primary Election Law. 155 state. The term " general committee " shall apply to the county committees in the various counties of this state in which are located any of the cities or villages to which this act is applicable, and in the city of New York to the county committee, the city committee, if any, and such borough committees as may be estab- lished by any party. The term " convention " shall apply to any assemblage of delegates of a party, in and for any political sub- division of the state, duly convened for the purpose of nominating candidates for public office, electing delegates to other conven- tions, electing members of political committees, or transacting any other business relating to the affairs of a party. The term " primary election " shall apply to any election by the members of a party duly convened in any political subdivision of the state to which his act is applicable, of delegates to a convention, or of party committeemen, or of candidates for public office, or to any such election upon any question submitted to the vote of a party. The term " unit of representation " shall apply to an election district, a ward of a city, an assembly district, a congressional district, a senatorial district, or any other political subdivision of the state which, by tiie rules and regulations of a party, may be the unit from which members of any political convention or committee to which this act is applicable, shall be chosen. The term " custodian of primary records " shall apply to those officers or boards whose duty it is, by the provisiens of the election law, to provide official ballots for general elections in the respective cities and villages to which this act is applicable. The term "party" shall apply to any political organization which, at the last preceding election of a governor, polled at least ten thousand votes for governor. No organization or association of citizens for the election of city officers shall be deemed a political party within the meaning of this act, and membership in any such organization or association shall not prevent an elector from en- rolling with, and acting as a member of a political party. § 3. Enrollment. — Subdivision 1. The custodian of primary records shall cause to be prepared on or before the fifteenth day 156 Primary Election Law. § 3 of September in each year, original enrollment books to the num- ber of two for each election district. Such enrollment books shall be so arranged that the names of all electors of the election dis- trict may be inscribed therein alphabetically. Except in cities of the second class and cities containing a population of one million or over, such enrollment books shall be so arranged and printed that there shall be fourteen columns on each page; the first for the enrollment number of the electors ; the second for the surnames of the electors; the third, for the Christian names of the electors; the fourth for the residence addresses; the fifth for the word " yes;" the sixth for the name of the party, of* any, with which the elector shall enroll ; the seventh for an entry to show a special enrollment; the eighth for the record of transfer or removal from one election district to another; the ninth for the word " voted " in case the elector votes at the first official primary election of the year; the tenth for a record as to challenges in case he is challenged thereat; the eleventh and twelfth columns for similar entries in case he votes at the second official primary election; and the thirteenth and fourteenth columns for similar entries in case there be a third official primary election 'or un- official primary elections. The enrollment books prepared for election districts within a city of the second class or a city con- taining a population of one million or over shall be so arranged and printed that there shall be twelve columns on each page; the first for the enrollment number of the electors ; the second for the surnames of the electors; third, for the Christian names of the electors; the fourth for their residence addresses; the fifth for the word "yes ;" the sixth for the name of the party ,~if any, with which the elector shall enroll ; the seventh for the word " voted " in case the elector votes at the first official primary election of the year ; the eighth for a record as to challenges in case he is chal- lenged thereat; the ninth and tenth columns for similar entries in ca^e he votes at the second official primary election; and the eleventh and twelfth columns for similar entries in case there be a third official primary election or unofficial primary elections. * So in the original. § 3 Primary Election Law. 1o7 Said books shall be deliverd by the custodian of primary records to the election inspectors of the respective election districts im- mediately before the first day of registration in each year. The custodian of primary records shall cause at least two voting booths of the same kind and description as voting booths used at general elections, to be erected in each place of registration, before the first day of registration in each year, and' such booths shall be and remain in said places of registration during the registration at the four regular meetings for registration during that year; and it shall be the duty of the custodian of primary records to furnish in each voting booth so erected the same arti- cles which are required by law to be placed therein, for a general election, which articles shall remain therein during such registra- tion. He shall also provide in like manner one ballot box in each place of registration of sufficient capacity to hold all the enroll- ment blanks and envelopes which are to be furnished for such place of registration, and which shall be of the kind prescribed by law to be used at a general election. There shall also be prepared and distributed by the custodian of primary records in the manner and at public expense as provided in the election law for the furnishing of official ballots, such a number of enrollment blanks and envelopes for each election district to the primary elections of which this act is applicable, as will exceed by two hundred the total number of electors registered in such district at the last preceding general election. The enrollment blanks shall be printed on white paper, and on the face thereof shall be printed the following, or the substance thereof, the blanks to be filled in in type so far as possible : Primary Enrollment for the Year City (or Village) of ; County of ; Assembly District (or Ward) ; Election district. Enrollment Number « J , who have placed a mark under- neath the party emblem hereunder of my choice, do solemnly 158 Primary Election Law. § 3 declare that I have this day registered as a voter for the next ensuing election, and that I am a qualified voter of the election district in which I have so registered, and that my residence address is as stated by me at the time I so registered ; that I am in general sympathy with the principles of the party which I have. designated by my mark hereunder; that it is my intention to support generally at the next general election, state or national, the nominees of such party for state or national oflSces ; and that I have not enrolled with or participated in any primary election or convention of any other party since the first day of last year. Hhe word party as used herein means a political organization which at the last preceding election of a governor, polled at least teii thousand votes for governor." Party. Party. (insert emblem.) (insert emblem.) o o Make a cross (X) mark, with a pencil having black lead;, in the circle under the emblem of the party with which you wish to enroll, for the purpose of participating in its primary elec- tions during the next year. The circles underneath the emblems shall be one inch in diameter, and in them nothing shall be printed. The party emblems shall be the same which were on the ballots for each party respectively at the last preceding gen- eral election, and such emblems shall be so arranged on each blank that the emblem of the majority party at the last preced- ing general election of a governor shall be first, and the other emblems shall follow in order in accordance with the vote cast for such office at such election ; over each emblem shall be printed, in type clearly legible, the name of the party represented by such emblem. The enrollment blanks shall have thereon only the emblems of those parties to which this act is applicable and 8 •> Primary Election Law. 159 shall be distributed' enclosed within the enrollment envelopes having corresponding enrollment numbers. The enrollment en- velopes shall be of such size as to permit enclosure therein, with- out folding, of the enrollment blank, and of such weight and texture of paper as to make it impossible to read or decipher the printed matter on the blank when the same is sealed on the inside thereof. Nothing shall be printed or written upon the enrollment envelopes except the following words, or the substance thereof, blanks to be filled in in type as far as possible. Primary Enrollment for Year City (or Village) of ; County of Assembly District (or Ward) ; Election District. Enrollment number Name of elector {Thus amended hy L. 1900, chap. 225, L. 1903, chap. Ill, and L. 1905, chap. 674.) Subdivision 2. When, in any city or village to which this act is applicable, an elector shall, at any of the four regular meetings for registration in any year, present himself to the board of elec- tion inspectors in any election district, his name and residence address shall be entered at the proper place in the two original enrollment books for that district. After he shall have been regis- tered as a qualified elector of that election district for the next ensuing general election, the board of election inspectors, or a member thereof, shall forthwith, and before such elector leaves the place of registration, enter his registration number, beginning with number one for the first elector registered on the first day and so on in numerical order, opposite his name, in the first col- umn of the registration books and the enrollment books, and shall deliver to such elector the enrollment envelope and blank having the number which shall be opposite his name on the registration books. No elector shall be given more than two sets of enroll- ment blanks and envelopes, or more than one set unless he shall spoil, deface, improperly mark, or otherwise destroy the first set 160 Prim An Y Election Law. • § 3 given him. In case a second set is given him, the member of the board of election inspectors in charge of the enrollment books shall draw a line through such elector's enrollment number in the first column in said books, and of the registration books, and shall insert in such space in said columns the number which shall be upon the new set to be given him, which number shall always be the highest number of the enrollment blanks and envelopes then unused in such booth. Such elector desiring to enroll shall then enter a voting booth in said place of registration, and, after having closed the door thereof, may make a cross (X) mark with a pencil having black lead in the circle underneath the emblem of the party of his selection and thereupon enclose said enrollment blank in said envelope and seal the same, and, before leaving the place of registration, shall deliver the same to a member of the board of election inspectors who shall endorse thereon the name of such elector and thereupon return said envelope to said elector, who shall forthwith deposit the same in the ballot box in said place of registration in the presence of the inspectors of election, without in any way indicating the party with which he has or has not enrolled, and the inspectors shall thereupon enter in the en- rollment books in the fifth column thereof the word " yes." If an elector declines to enroll, he may return the blank and envelope to the inspector in charge of the ballot box, and such inspector shall seal said envelope with the blank therein, endorse the name of such elector thereon and deposit the same in the ballot box; and a like entry shall be made opposite his name in the fifth column of the enrollment books. The entries in the enrollment books required by this section shall be made by a member of the board designated by the chairman. One mark crossing another mark at any angle within the circle shall be dteemed a cross mark within the meaning of this act. Before any elector shall be regis- tered in any year, the said ballot box shall be examined by the board of election inspectors and when empty shall be locked and sealed by them in such a manner that should it be opened such seal would be broken; and the same shall remain so locked and sealed until the same shall be opened by the custodian of primary § 3 Primaky Election Law. 161 records after the next ensuing general election as hereinafter provided. Said ballot boxes shall be in the charge and keeping of the custodian of primary records at all times except during the hours of registration as prescribed by law. At the close of the luot meeting for registration in each year the board of election in- spectors shall severally subscribe and verify duplicate declara- tions, one of which shall be printed in or attached to each of the original enrollment books. Such declarations shall be to the effect that the persons shown by such enrollment books are the only persons who registered as electors in that district on any of said days of registration. Immediately upon the close of each day of registration, and before leaving the meeting place, the board of election inspectors shall publicly inclose the said enrollment books, together with all records pertaining thereto, in a sealed envelope, upon which shall be written or printed in distinct characters the number of the election district. Such envelojje shall remain in the custody of the chairman, of the board until the meeting on the next day of registration, when it shall be publicly opened. The envelope sealed at the close of the last day of registration shall, within twenty-four hours thereafter, be delivered to the custodian of primary records'. Such envelope shall remain sealed until the next Tuesday following the next ensuing day of general election. No member of the board of election inspectors shall make, or allow to be made, a copy of, or a transcript or statement from, the enrollment books. No person shall, on any of such days of registration or in the in- terval between any such day and the next ensuing day of general election, reveal or disclose the names or number of the enrolled electors, or make, publish or circulate a list of such names, or of any thereof, or do or permit any act by which the name of any elector who may or may not have enrolled, or the number of elec- tors enrolled or not enrolled, shall be disclosed. {Thus amended by chap. 225, L. 1900.) Subdivision 3. It shall be the duty of the board of primary inspectors, or one of them, after the final meeting for registra- tion in each year, and at the sam? time he delivers the registration 162 Primary Election Law. § 3 books, to deliver the enrollment box to the custodian of primary records. All eni-ollment envelopes contained therein shall remain in such box, and the said box shall not be opened or any of the envelopes be opened or removed therefrom until the Tuesday fol- lowing the next succeeding day of general election. Such box shall then be opened by the custodian of primary records, and the envelopes contained therein shall be removed therefrom and opened by said custodian, and the name of the party designated by each elector under such declaration shall be by said custodian entered against the name of such elector in the sixth column of said enrollment books for the election district in which such elector resides. Such enrollment shall be completed before the fifteenth day of December in each year. If cross marks are found in more than one of the circles, or if no cross marks are found in any of the circles on any enrollment blank, the elector who used the enrollment blank thus deficient shall not be deemed to be enrolled, and words indicating the reason why such enrollment is not transcribed shall be entered in said sixth column of the enrollment books against the name of such elector. When all of the enrollments shall be transcribed from the blanks to the enroll- ment books, the custodian of primary records shall subscribe and verify duplicate declarations, one of which shall be printed in or attached to each of the original enrollment books, which declara- tion shall be to the effect that he has correctly and properly tran- scribed the enrollment i«ndicated on the blank of each elector to the enrollment books, as herein provided. Subdivision 4. At any time during the months of May and June, and in any year when a president of the United States is to be elected in the month of February also, any elector who was regis- tered as a voter at one of said four meetings for registration in the preceding year but who did not then enroll with any party, may, except in cities of the second class or cities containing a population of one million or over, become specially enrolled in and have his name added to the original enrollment books of, any party in the election district in which he then resided and still resides, in the manner following: He shall make, and acknowl- § ^ Peimaey Election Law. 163 edge before an inspector of election in the election district in which he resides, or any ofiQcer authorized by law to take the acknowledgment of deeds to be recorded in this state, and file or cause to be filed, with the custodian of primary records a statement embodying a declaration in the following form : " I, (naming the elector) do solemnly declare that I reside at (speci- fying his residence address), and am a qualified voter of the (specifying the number) election district of the (specifying the number) assembly district (or ward) in the city (or village) or (naming it) ; that at one of the last four preceding days of regis- tration I registered as a voter in the said election district, but did not enroll, and I request that I be specially enrolled with the (naming it) party; that I am in general sympathy with the prin- ciples of the (naming it) party; that it is my intention to support generally at the next general election, state or national, the nomi- • nees of such party for state or national oflSces ; and* that I have not enrolled with or participated in any primary election, or con- vention of any other party since the first day of last year. The word ' party ' as used herein means a political organization which at the last preceding election of a governor polled at least ten thousand votes for governor." Upon the filing of such statement, the custodian of primary records shall enroll such elector in the original enrollment books for the proper election district and shall record, in the proper columns thereof, the name and resi- dence address of such elector, the election district in which he is registered as a voter, the name of the party designated in such statement, the number opposite his name on the registration book, the fact that the elector is specially enrolled, and the date of such special enrollment. If subsequent to any general election and prior to the first day of July next ensuing, territory to which this act is not applicable shall have become incorporated with a city or village to which it shall then be applicable^ any elector resid- ing in such annexed territory may become enrolled in and have his name added to the original enrollment books of any party for the election district in which he resides, at the time and in the manner provided in this subdivision. The enrollment of any 164 Peimaey Election Law. § 3 such elector, so made, heretofore, is hereby legalized, ratified and confirmed in all respects as if made in pursuance of the proviS'ions hereof. Nothing in this subdivision contained, giving the right to specially enroll as a member of a party, shall apply to cities of the second class or cities containing a population of one million or over, and in such cities no elector shall be permitted to enroll as a member of a party except at one of the four regular meet- ings for registration, as provided in subdivision two of this sec- tion of this act. {Thus amended iy chap. 204, L. 1900, chap. Ill, L. 1903, and chap. 674, L. 1905.) Subdivision 5. Except in cities of the ^second class and cities containing a population of one million or over, an elector who shall have become of age after the last preceding general election may at any time other than during the thirty days next preceding an official primary day, become specially enrolled in, and have his name added to the original enrollment books of any party in the election district in which he resides, in the manner following : He shall make, and acknowledge before an inspector of elections in the election district in which he resides, or any oflScer authorized by law to take the acknowledgment of deeds to be recorded in this state, and file or cause to be filed with the custodian of pri- mary records a statement embodying the declaration contained in subdivision four of this section, except that instead of the words indicating that the elector was registered at one of the last four preceding days of registration but did not enroll, words indi- cating that he has become of age since the last preceding general election shall be used. Upon the filing of such statement, the custodian of primary records shall enroll such elector in the original enrollment books for the proper election district, and (shall record in the proper columns thereof, the name and resi- dence address of such elector, the fact that he has become specially enrolled, the date of such special enrollment, and the fact that he has become of age since the last preceding general election. Nothing in this subdivision contained giving to electors who shall have become of age after the last preceding general § 3 Primary Election Law. 165 election the right to specially enroll, shall apply to cities of the second class t)r cities containing a population of one million or over, and in such cities no elector shall be permitted to enroll as a member of a party except at one of the four regular meetings for registration as provided in subdivision two of this section of this act. (Thus amended hy L. 1903, chap. Ill, and L. 1905, chap. 674.) Subdivision 6. If, after being enrolled as a member of a party in one election district, either by original enrollment or by trans- fer, an elector shall move into another election district in the same city or village, he may, except in cities of the second class and cities containing a population of one million or over, at any time between the first day of February of any year and the thirtieth day before the annual primary day, except during the thirty days before the oflScial primary day in March, as herein provided, become enrolled therein as a member of the same party by making, acknowledging, and filing, or causing to be filed, with the custodian of primary records, a statement specifying the name of the party with which, and the election district in which he is enrolled, and the election district into which he has moved, and stating that he resides in the last mentioned election district, and desires to be enrolled therein as a member of such party. Upon the filing of such statement the custodian of primary rec- ords sihall enroll the name of such elector in the original en- rollment books for the proper election district, specifying the district from which he is transferred, and shall also make a minute, opposite the entry of his name in the original enrollment books of the election district from which he has removed, showing the election district to which his name is transferred. Nothing in this subdivision contained giving the right of transfer, as herein stated, shall apply to cities of the second class or cities containing a population of one million or over, and in such cities ^10 elector shall be permitted to take part in any primary election of any party other than the party with which and in the election district in which he enrolled at one of the four regular 166 Primary Election Law. § 3 meetings for registration, as provided in subdivision two of this section of tliis act. (Thus amended ly L. 1903, chap. Ill, and L. 1905, chap. 643.) Subdivision 7. Tlie custodian of primary records shall an- nually provide, a duplicate set of enrollment books for each party to which this act shall then be appliqable, and shall, in the month of December of each year, deliver one set of such books to the chairman of the proper general committee of each such party. Such duplicate books shall conform in all respects to the form of the original enrollment books, and all entries in such original enrollment books, completed to December fifteenth, when such books are prepared for election districts outside of a city of ^the second class or a city containing a population of one million or over shall be transferred thereto. The custodian of primary records shall, whenever requested so to do by the chairman of the proper general committee of any party to which this act is applicable and upon the delivery to him of that party's duplicate enrollment book for any election district, of a city or village other than a city of the second class or a city containing a population of one million or over make such additions thereto and changes therein as may be necessary to cause the same to conform to the original enrollment books of that election district, completed to the fifteenth day of the month during which such request is made, and shall, as promptly as possible, return the same to such chairman or his duly authorized representative, accompanied by a certificate that each such duplicate book is a correct copy of the original, as of such date. ■ The custodian of primary records within a city of the second class or a city con- taining a population of one million or over, shall certify to such chairman that each such duplicate book is a correct copy of the original enrollment book made during the four days of registra- tion of electors for the preceding general election. At all un- oflScial primary elections of a party, the certified duplicate enroll- ment books, completed, in the case of election districts outside of a city of the second class or a city containing a population § 3 Primary Election Law. 167 of one million or over, to the first day of the month preceding the month in which the primary election is held, shall be used, and no elector shall be allowed to take part In such primary election as a resident of an election district, unless his name is upon the duplicate enrollment book for that district, showing that he is enrolled with the party in whose primary election he seeks to participate. (Thus amended ly L. 1903, chap. Ill, and L. 1905, chap. 674.) Subdivision 8. The original enrollment books shall be used at all ofiScial primary elections, and shall be delivered by the cus- todian of primary records to the proper boards of election in- spectors immediately before the opening of the polls on each ofiQcial primary day, and shall be returned to such custodian forthwith, after the completion of the canvass of the votes. Such enrollment books shall go into effect on the first day of January following the days of registration on which they are begun, and shall, with any additions or changes made as herein provided, re- main in force until the first day of the following January, when they shall be superseded by the new enrollment books, as herein provided. Subdivision 9. Except as otherwise expressly provided in this act, only electors enrolled as herein provided shall be entitled to participate in the primary elections of their respective parties. No elector who has registered as a voter in the preceding year shall be allowed to enroll in any election district other than that in which he was so registered as a voter, unless the custodian of primary records shall find that he was so registered in such other election district. No electoi? shall take part in any primary elec- tion of any party other than the party with which he shall at the time be enrolled. In case, in the interval between the days of registration and an official primary day in the succeeding year, a new election district shall be created, or the boundaries of an election district, or the number of any ward, or assembly district, shall be changed, the custodian of primary records, shall, at least thirty days prior to such official primary day, prepare two new 1(58 PuiMAKY Election Law. § ^ enrollment books for such district, or properly renumber the enrollment books for such ward, or assembly district, which en- rollment books shall be in the same form and exhibit the same facts as the enrollment books then in force in the territory com- prised within such new or changed district, or renumbered ward or assembly district, but shall contain only the names of all the voters, who as shown by the enrollment books then in force in such territory are the enrolled voters of the respective political parties resident within such new or changed election district, or renumbered ward or assembly district. And, in that event, such new enrollment books shall supersede the enrollment books then in force in such territory, and the custodian of primary records shall be charged with the same duties concerning the same and any duplicate sets thereof or transcripts therefrom as are herein provided with respect to the enrollment books begun on the days of registration. The enrollment books herein provided for and any declarations filed on enrollment shall be public records, and shall be open to inspection and copying at any time by any person, except for the period during which they are required to remain sealed as herein provided. It shall be the duty of the custodian of primary records to certify to the correctness of any transcript of such enrollment books, or of any part thereof, on the payment of one cent for every twenty names contained ip the transcript; wherever the custodian of primary records is a salaried officer, the fees received by him for certifying such transcripts shall be paid into the public treasury. Such a cer- tified transcript, containing the name and showing the enroll- ment of any elector, shall be sufficient evidence of such enroll- ment. The custodian of primary records shall give to any elector enrolled or transferred, as in this section provided, a certificate of enrollment or of transfer, which shall specify the name of the party witli which he is enrolled, the date of enrollment or trans- fer, and the election district in which such elector is enrolled. The acknowledgments required to be made by this section may be made before an inspector of election of the district in which the elector making it resides, or before any officer authorized by law § 3 Primary Election Law. 160 to take the acknowledgment of deeds in this state. No elector who has once enrolled in a political party shall be permitted to enroll in another political party before the first of the next four days of registration. Only electors at the time residing in the election district and who registered as electors in the same city or village in the last preceding year, or who shall have become of age after the last preceding general election, and whose names are not already on the rolls of any party, shall be entitled to specially enroll. The declarations and enrollment blanks filed by electors at the time of registration or in the special enroll- ment shall be public records and shall be kept on file until one year^ thereafter. No person shall be required to enroll, nor shall his failure to do so affect his right to register for the purpose of voting at any election. Subdivision 10. In a city containing a population of one mil- lion or over, the public oflicer or board at the time charged with the duty of publishing the registration lists of electors in such city shall, between the fifteenth day of December and the first day of January, cause to be published in like manner and at public expense a transcript of the enrollment books of each elec- tion district in such city, omitting all entries except the names, the residence addresses, and the party, if any, recorded opposite the respective names. The custodian of primary records shall provide such transcript for publication. (Thiis amended hy chap. Ill, L. 1903.) Subdivision 11. This subdivision shall apply only to cities con- taining a population of one million or over. If any statement in the declaration of any person, on the evidence of which his name was enrolled in the original enrollment book for any election district by the custodian of p'rimary records, or if any entry oppo- site the name of any person in such enrollment book, is false, or if any person enrolled in such enrollment book, has died, or has removed from or no "longer resides in such election district, any elector of the assembly district in which such election district is located (provided such elector is himself duly enrolled with the 170 Primary Election Law. § 3 same political party with which the person, as to whom the appli- eation. is made, was em-olled) may present proof thereof by affi- davit to the supreme .court, or to any justice thereof, in -the judicial district in which such election district is located, or to, a county judge of the county in which such election district is Jocated. And thereupon such court, justice or judge shall make an order requiring the person against or as to whom the proceed- ing .is. instituted unless he is shown to have died as hereinafter provided, to show cause before such court, justice or judge, at a time and place specified in such order, why his nan),e should not be stricken from such enrollment book. Such order shall be returnable on a day at least ten days before a primary election, and a copy thereof shall be served on the person against whom the proceeding is instituted and on the custodian of primary records at least forty-eight hours before the return thereof, either personally or by depositing the same in the postoffice of the city in which such election district is located, in a postpaid wrapper or envelope addressed to the custodian of primary records at his office, and to such person by his name at his present address, if known, and otherwise at the address which appears in the enroll- ment book for such election district. If the person as to whose name the application is made is claimed to be dead, the order to show cause hereinabove provided for shall be directed to the CTistodian of primary records, and service thereof need only be made upon such custodian of primary records, such service to be made in the manner heretofore in this subdivision specified ; but an order requiring the custodian of primary records to show cause why the name of a person claimed to be dead should not be striken from the enrollment book shall not be made unless the affidavit presented to the court, justice or judge by the elector instituting the proceeding shall state that such elector has per- sonal knowledge of the death of the person with respect to whose name the application is made and unless' such affidavit is sub- stantiated either by a certificate of the health department or by other (:ompetent evidence of such death. The custodian of pri- mary records shall produce before the court, justice or judge, the § 3 Primary Election Law. 171 original enrollment declaration subscribed by the person against or as to whom the proceeding is instituted. The court, justice or judge shall hear the persons interested, and if it appears by suffi- cient evidence that any statement in the declaration of the person against whom the proceeding is instituted, on the evidence of which he was enrolled by the custodian of primary records, or any statement opposite his name in the original enrollment book, is false, or that such person is dead or has removed from or no longer resides in the election district for which he is enrolled, shall order the name of such person striken from the enrollment book, except as hereinafter provided. If at such hearing the per- son against whom the proceeding is instituted shall produce evi- dence that the custodian of primary records has incorrectly copied into the enrollment book the data contained in the declaration of such person, and that if correctly copied such person would be entitled to be enrolled in such election district, such order instead of requiring his name to be striken from the enrollment book, shall require the correction of the enrollment book in accordance with such evidence. In either case the order shall require the custodian of primary records to strike such name from the enroll- ment book, or to otherwise correct such enrollment book in accord- ance with such order. Upon the correction of such enrollment book in accordance with such order, the custodian of primary records shall certify such correction to the chairman of the general committee of each party to whom a duplicate set of en- rollment books has been delivered in pursuance of subdivision seven of this section. (Added ly chap. 350, L. 1904.) Subdivision 12. This subdivision shall apply only to cities con- taining a population of one million or over. If any person is not in sympathy with the principles of the political party with which such person is enrolled, any elector of the assembly district in which such election district is located (provided such elector is himself duly enrolled with the same political party with which the person, as to whom the application is made, was enrolled) may present proof thereof by affidavit to the chairman of the county general committee of the political party, with which the elector 172 Pkuiaky Election Law. § 3 (.'ni'olled, and the chairman of such county general committee shall issme a notice requiring the person against or as to whom the pro- ceeding is instituted, to show cause before such chairman of the Cduutj- general committee, or a subcommittee appointed by such chairman, at a time and place specified in such notice why his name should not be striken from such enrollment book. Such notice shall be returnable on a day at least fifteen days before a primary election, and a copy of the afildavit shall be served on the x'trson against whom the proceeding is instituted and on the custodian of primary records at least forty -eight hours before the return thereof, either personally or by depositing the same in the postoffice of the city in which such election district is located, in a postpaid wrapper or envelope addressed, to the custodian of primary records at his oflSce, and to stich person by his name at his present address, if known, and otherwise at the address which appears in th^ enrollment book for such election district. The chairman of such committee shall in his discretion personally hear the pers'ons interested in the proceeding or appoint a subcommit- tee to take testimony, and in such event the action of the subcom- mittee shall not be final unless approved of by the chairman of such county general committee, and if it appears by suflflcient evi- dence that such person is not in sympathy with the principles of the political party with which such person enrolled, the chairman of the county general committee shall cause to be filed a certificate Avith the board of elections or with the custodian of primary records setting forth reasons why the name of such person shall be striken from the enrollment book, together with a record of the proceedings had in the matter. It shall be the duty of the board of elections or the custodian of primary records to make applica- tion to the supreme court or to any justice thereof in the judicial district in which such election district is located, or to a county judge of the county in which such election district is located, for an order requiring the person against or as to whom the proceed- ing is instituted, to show cause before such court, justice or judge, at a time and place specified in such order, why the decision of the chairman of such county general committee should not be con- § 4: Primary Election Law. 173 firmed. Such order shall be returnable on a day at least five days before a primary election, and a copy thereof shall be served on the person against whom the proceeding is instituted at least forty-eight hours before the return thereof in a manner as herein- before provided. The court, justice or judge upon approving of the finding of the chairman of such county general committee shall issue an order to the board of elections or to the custodian of primary records requiring the name of the elector to be striken from the enrollment book. (Added liy chap. 488, L. 1904.) § 4. Primary elections. — Subdivision 1. In a year when a presi- dent and vice-president of the United States are to be elected, the tenth Tuesday before the day of general election, and in other years the seventh Tuesday before the day of general election, shall be known as the annual primary day, and in all cities and villages to which this act is applicable each party shall on such day hold primary elections for the following purpose : First. The election of delegates to all political conventions except conventions made up of delegates who by the rules and regulations of the party are chosen by other conventions and not at primary elections, and conventions called to meet prior to such primary day for the purpose of nominating candidates to be vnteu for at special elections. Second. For the nomination of all candidates for public offices to be voted for at the ensuing election who by rule adopted by a party pursuant to section twelve of this act, are to be nominated at a primary election and not at a convention; and for the elec- tion of committeemen whose duty it shall be to fill vacancies in such nominations in the cases prescribed by section sixty-six of the election law, and in the manner therein provided so far as the same is applicable thereto. [Thus amended "by chap. 167, L. 1901.) Third. For the election of all committeemen who are to be chosen at a primary election and not at a convention. Fourth. For the election of alternates to delegates,, in case the rules and regulations of a party shall so provide.. 17-1 Primary Election Law. § 4 'Provided, however, that in any county having within its limits a city of the first class, there shall be in each even numbered year and in each odd numbered year in which ofHcers of the state, other than members of the legislature are to be elected, two annual primary days, the first on the seventh Tuesday befoi'e such day of general election except as above provided for a presidential year and the second on the fifth Tuesday before such day of gen- eral election. On the first of such days shall be held the primary elections for the purpose of electing delegates to such conven- tions as are made up of delegates representing more than one county or of electing delegates to conventions to choose delegates to conventions which are made up of delegates representing more than one county ; and on the second of such days shall be held the primary elections for the election of other delegates, the nomina- tion of candidates and the election of committeemen, as provided in this subdivision one of section four of this act. Nothing herein contained shall be construed as compelling the holding of primary elections in such a county on the first of such days in odd num- bered years in case no delegates are to be voted far thereat, but in that event there shall b6 in such a year in such a county but one annual primary day, and it shall be on the fifth Tuesday before such general election. The primary elections held on each pri- mary day shall be official primary elections, and except as in this provision provided, such elections, and all inspectors thereof and public officers and boards, shall be subject to all the provisions and charged with all the duties prescribed by this act for the conduct of the ofiQcial primary elections on the annual primary day. Subdivision 2. In each year when a president and vice-president of the United States are to be elected there shall be a primary election for the choice of delegates to state conventions and con- gressional district conventions, or of delegates to conventions by which delegates to state conventions or congressional district con- ventions are to be chosen, as the rules and regulations of a party may prescribe, on an additional official primary day which shall be the last Tuesday of March. The primary elections on that § ^ Primary Election Law. 175 day shall be subject to all the provisions of this act for the con- duct of primary elections on the annual primary day as prescribed in this section. The expense of official primary elections, includ- ing the expense of preparing and copying new enrollment books and the compensation herein provided to be paid to primary elec- tion inspectors, shall be paid by the same officers or boards of the city in which said primary is held, and in the same manner, as the expenses of general elections. Delegates to conventions to nomi- nate candidates for member of congress or to conventions to elect delegates to conventions to nominate such candidates shall be elected on the annual primary day. (Thus amended ly chap. 3.60, L. 1901.) Subdivision 3. The custodian of primary records shall, thirty days before each official primary day, divide every ward or assem- bly district in a city and every village to which this act is appli- cable, into primary districts, each of which shall consist of two. contiguous election districts, except that in case there is an odd number of election districts in such ward, assembly district, or village, the highest numbered election district shall be a primary district by itself. There shall be two polling places in each of such primary districts which shall be designated and provided at public expense by the officers or boards whose duty it is to pro- vide polling places for days of general election, and which shall be, so far as they are available, the same places which were used for the last preceding general election. The custodian of primary records shall assign one of the polling places in each primary dis- trict to the party which, at the last election of a governor, cast the highest number of votes for governor, and at the other polling place in such primary district there shall be held the primary elections of all other parties. Subdivision 4. At least twenty days before each official primary day the chairman of the general committee of each party subject to the provisions of this act, shall certify and deliver to the cus- todian of primary records a statement of the conventions, com- mittees and offices for which delegates, members or candidates, as the case may be, are to be elected thereat, and the number of 176 Teimary Election Law. § i delegates to conventions, and members of committees, to he elected in each unit of representation. The custodian of primary records shall prepare a notice of each ofiflcial primary election provided for by this act, and shall publish such notice, not more than ten days and not legs than five days prior to such primary election, in at least one newspaper having a general circulation in the city or village, of the political faith of each of the two parties which, at the last preceding election of a governor, east the highest and next highest number of votes for governor. Such notice shall specify the day of such primary election, the hours during which it will be held, the location of each polling place, the election districts whose electors may vote at each such polling place, the name of the party or parties whose primary elections will be held thereat, and the conventions, committees and offices for which delegates, members or candidates, as the case may be, will be voted for thereat. All official primary elections held in pursuance of this act shall be open from two o'clock in the after- noon to nine o'clock in the evening. All other primary elections, if any, shall be open for not less than four hours, commencing not earlier than three o'clock in the afternoon and ending not later than ten o'clock in the evening. Subdivision 5. Notice of all unofficial primary elections shall be given in the same manner as in the case of official primary elec- tions, except that such notice shall be given by the proper party officers and shall not be at public expense. Unofficial primary elections shall be held in such places within the unit of represen- tation for which the primary election is held, as shall be desig- nated by the proper political committee, but there shall be at least one polling place within and for each assembly district, ward or village. No primary election shall be held in a saloon or drinking place, or in a room which is more than one flight of stairs from the street or not readily accessible from the street. The chairman and secretary of the political committee calling an unofficial primary election, or under whose direction such primary election is held, shall post and keep posted during the election, at or near the entrance to the room where the primary § 5 Primary Election Law. 177 election is held, so that the same is clearly visible from the street, a conspicuous notice calling attention to the place at which the primary election is being held. Unofficial primary elections shall be held at the expense of the party holding them, and, except as herein otherwise provided, shall be subject to the rules and regu- lations of such party. § 5. Primary election officers. — Subdivision 1. There shall be for each primary district two boards of primary election inspec- tors, one of which shall consist of the election inspectors for the election district or districts comprised within such primary dis- trict who shall, at the time, represent the party which, at the last preceding general election of a governor, have cast the largest number of votes for governor, and the other of which shall con- sist of the election mspectors who shall represent the party which, at such election, cast the second largest number of votes for governor, except that in a primary district co-terminous with an election district each board shall have, as an additional mem- ber thereof, the poll clerk who shall represent the same party as the two inspectors of election. The first mentioned of said boards shall conduct the primary elections of the party repre- sented by its members!, and the second mentioned of said boards shall conduct the primary elections of all other parties at the time entitled to hold official primary elections. Subdivision 2. The election officers who are required by sec- tion twelve of the election law to be appointed on or before the first day of October in each year, shall, in all cities and villages to which this act is applicable, be appointed, and take office, at least thirty days before the frst day of October. The oath which each election officer is required to take by the provisions of section twelve of the election law, shall include his duties as a primary election officer, and all duties prescribed by this act. Eemovals from, and vacancies in, a board of primary election inspectors on an official primary or enrollment day shall be made and filled in the same manner as on a day of registration. Before entering upon their duties, the inspectors of each primary district shall 12 178 Primary. Election Law. § 6 meet and appoint one of their number chairman, or, if a majority shall not agree upon such appointment, they shall draw lots for that position. The primary election inspectors serving on the oflScial primary days, shall each be paid the sum of five dollars for each day of such service. Before entering upon his duties, each primary inspector shall make and subscribe an oath to faithfully perform his duties as such, which oath shall form a part of the return to the custodian of primary records. § 6. Ballots, booths, supplies, et cetera. — The custodian of primary records shall, not later thail twenty days prior to the holding of any official primary election provided for in this act, prescribe the size, color, weight and texture of the paper to be used for the ballots at such primary election and prepare sam- ples thereof. The colors of the ballots shall be such ttiat those of each party shall be easily distinguishable from those of all the other parties and shall be such that the printing thereon shall be easily legible. The paper shall be of such weight and texture as to make it impossible Ho read or decipher the printed matter on the inside of the ballot when it shall be folded. Each ballot shall have printed or written upon its face the party name, the assembly district or ward number if any, the election district number when the election district is a unit of representa- tion, the names of the positions to be filled and the names of the persons voted for to fill such positions. The size of the ballot shall be large enough for the printing thereon of a complete set of names for all the positions to be filled at such primary elec- tion. All printing thereon shall be in black ink. Such sam- ple ballots shall have the words "sample ballot of the (specifying it) party" printed thereon, and shall be exhibited for inspec- tion during the hours within which the office of such custodian is open for business, and it shall be the duty of such custodian to furnish to each member of the board of primary election in- spectors and to any elector applying for the same, a sample of the ballot for each party. The custodian shall also furnish to party committees or to electors, applying therefor, at cost, the paper so designated to be used for ballots. Ballote to be yoted § 7 Primary Election Law. 179 on either of the two ofQcial primary days may be provided by any person. Ballots not conforming to the provisions of this section shall not be counted at any oflBcial primary election. The polling places, voting booths, guard-rails, distance markers, ballot-boxes, sample ballots and other supplies required for oflScial primary elections shall be provided and paid for by the same oflScers, and in the same manner, as in the case of general elections, pursuant to sections ten and eighteen of the election law. At all ofiflcial priraary elections a separate box with the name and emblem of the party and with the number of the election district clearly and conspicuously written or printed thereon, shall be provided at each polling place for each party participating in a primary election at STich polling place and for each election district the voters of which vote at such polling place; and there shall also be a large box for the recep- tion of the unvoted ballots. There shall be aflSxed to the out- side of the polling place, and in at least two places on the inside thereof, and in a conspicuous manner, placards, printed with large sized and bold-faced type, which shall specify the name of the party or parties whose primary election is being held in such poll- ing place. It shall be the duty of all primary inspectors to receive, preserve, and have at their respective polling places for delivery to electors on any official primary day, all unvoted ballots which may be delivered to them, or any of them, by any qualified elector at any time before the closing of the polls on any such primary day. § 7. Voting at official primary elections. — Subdivision 1. When, at any official primary election, an elector shall present himself to the board of primary inspectors, and declare his desire to vote, he shall announce his name, residence and party, and if he shall be found to be duly enrolled as a member of such party in that primary district, the board of primary inspectors, or a mem- ber thereof, shall deliver to him unfolded one of each of the ballots of his party intended for the electors of the election dis- trict in which he resides, which are in the polling place. There- 180 Primary Election Law. § '^ upon, and before voting, the elector shall retire into one of the booths of the polling place. Immediately upon leaving such booth he shall be permitted to vote by delivering to one of the inspectors any ballot which conforms, in external appearance, to the provi- sions of this act, folded in such a way that none of the printed or written matter on the inside thereof shall be visible. The inspec- tor to whom such ballot is so delivered shall, at once and in the presence of the elector, deposit it in the proper ballot-box. When an elector shall have offered his ballot, and it shall be in the ballot-box, he shall deliver all of the unvoted ballots which were delivered to him, each of them so folded as to conceal the inside thereof, to such inspector, and such officer shall, forth- with and without opening the same or revealing the contents thereof, deposit such ballots in the box for unvoted ballots. Such unvoted ballots shall, on completion, of the canvass, be removed from snch box, and without being examined be destroyed. No person shall cast more than one ballot. No ballot which shall have any printing, writing or mark on the outside thereof, shall be received. No ballot shall be in any way marked for identifi- cation. At all primary elections, all ballot-boxes to be used thereat shall be opened and examined by the board of primary inspectors in the presence of the watchers, if any, before any ballots are received ; and when empty shall be closed and sealed, and not be opened again until the close of the polls at such primary election. The procedure shall, as far as possible, except as changed by the provisions of this act, be the same as that provided for the reception and deposit of ballots on the day of general election. When the elector shall have cast his ballot, that fact shall be recorded by thie board of primary inspectors by the entry of the word " voted," opposite his name in the proper col'um-n of the original enrollment books provided therefor. Subdivision 2. The right of an enrolled elector to participate in any official primary election shall be subject to challenge at any time before his ballot is deposited in the ballot-box. When any enrolled elector shall be challenged, the chairman, or one of the members, of said board, shall forthwith put to him an oath or § 7 Primary Election Law. 181 affirmation to answer truly such questions as shall be put to him, and he shall be allowed to vote if, and only if, he shall make such oath or affirmation, and shall answer in. the affirmative each of the following questions : Are you . . . • (using the name which he has given as his name) ? Do you reside, and have you, for thirty days last past, resided at (giving the address which he has given as his residence) ? Subdivision 3. From the time of the opening of the polls, until the result of the canvass of the votes cast thereat! shall have been announced, and the official statements of such canvass shall have been signed, the ballot-boxes and all voted ballots shall be kept within the guard-rail. No person shall be admitted within the guard-rail during such period, except primary election inspectors, duly authorized watchers, persons admitted by the inspectors to preserve order or enforce the law, and persons duly admitted for the purpose of voting; provided, however, that any candidate voted for may be present at the canvass of the votes. Subdivision 4. Watchers, not exceeding one for each election district, may be appointed by any political committee, and by any two or more of the persons whose names are upon any ticket to be voted for at such primary election. Such watchers may be present at such polling place and within the guard-rail from at least fifteen minutes before the examination of any ballot-box at the opening of the polls of such primary election until after the announcement o-f t-ho result of the oa'nvass of the votes cast thereat and the signing of the stattements thereo.f by the inspect- ors. A reasonable number of challengers, at least one person for any three or more persons of each party holding its primary election at that polling place, whose names are upon any ticket to be voted for at such primary election, shall be permitted to remain just outside the guard-rail of each such polling place, and wbere they can plainly see what is done within such rail outside the voting booths, from the opening to the close of the 182 Primary Election Law. § 8 polls thereat. No person shall, while the polls are open, at any polling place do any electioneering within such polling place, or within one hundred feet therefrom, in any public street or in any building or room, or in a public manner, and no political banner, poster or placard shall be allowed in" or upon such polling place on any primary day. § 8. Canvass of votes. — Subdivision 1. As soon as the polls at any official primary election shall close, the board of primary inspectors shall forthwith publicly canvass and ascertain the result thereof, and they shall not adjourn or postpone the canvass until it shall be fully completed. All questions touching the validity of ballots or their conformity with the provisions of this act, shall be determined by a majority vote of the board of pri- mary inspectors. The room in which such canvass is made shall be clearly lighted, and such canvass shall be made in plain view of the public. It shall not be lawful for any person or persons dur- ing the canvass, to close, or cause to be closed, the main entrance to the room in which such canvass is conducted, in such manner as to prevent ingress or egress thereby. The board of primary inspectors shall proceed to canvass the vote by counting the bal- lots found in the ballot boxes without unfolding them; except so far as to ascertain that each ballot is single, and by comparing the ballots found in each box with the number shown by the enrollment books to have been deposited therein. If the ballots found in any box shall be more than the number of ballots so shown to have been deposited therein such ballots shall be replaced, without being unfolded, in -the box from which they were taken, and shall be thoroughly mingled therein, and one of the inspectors designated by the board shall, without seeing the same and with his back to the box, publicly draw out as many ballots as shall be equal to such excess, and, without unfolding them, forthwith destroy them. If two or more ballots shall be found in the ballot box so folded together as to present the appear- ance of a single ballot, they shall be destroyed if the whole number of ballots in such ballot-box exceeds the whole number of ballots § 8 Primary Election Law. 183 shown by the enrollment books to have been deposited therein, and not otherwise. If there lawfully be more than one ballot-box for the reception of ballots voted for at any one polling place, no ballot found in the wrong ballot-box shall be rejected, but shall be counted in the same manner as if found in the proper box, if such ballot shall not, together with the ballots found in the proper ballot-box, make a total of more ballots than are shown by the enrollment books to have been deposited in the proper box. The chairman only of the board of primary inspectors shall unfold the ballots taken from the ballot-box. When a ballot is not void, and a primary election inspector or a duly authorized watcher shall, during the canvass of the vote, declare his belief that any particu- lar ballot has been written upon or marked in any way for the purpose of identification, the inspectors shall write on the back of such ballot " Objected to because marked for identification," and shall specify over their signatures upon the back thereof the mark or tnarkings upon such ballot to which objection is made. The votes upon each such ballot shall be counted by them as if not so objected to. If any ballots shall be rejected as void, the reason for such rejection shall be written oh the back thereof by the chairman of the inspectors, or by an inspector designated by him. All ballots rejected as void, and all ballots protested as marked for identification, shall be enclosed in a separate sealed package, which shall be endorsed on the outside thereof with the names of the inspectors, the designation of the election district, and the number and kind of ballots contained therein. Such package shall be filed by the chairman of the board of inspectors with the original statement of the canvass. A statement of the number of ballots protested as marked for identiflcationy and of the number thereof rejected as void, shall be included in each of the statements of the result of the canvass. If requested by any watcher, the inspector shall, during the canvass, exhibit any and all ballots cast at such primary election to such watcher, fully opened and in such condition that he may fully and carefully read and examine the same, but such inspector shall' not allow any such ballot to be taken from his hand. ■ ' '' '' 184 Primary Election Law. § 8 Subdivision 2. Immediately upon the completion of such can- vass, the board of primary inspectors in each primary district shall make public oral proclamation of the result thereof, and shall make a written statement of such result for each election district in such primary district, and also a duplicate thereof, which shall be known as the duplicate statement. Immediately after the completion of such statements, such board shall file the original thereof with the custodian of primary records, and shall file the duplicate statement with the clerk of the city or village. In any county which contains a city or village to which this act is applicable and has territory greater than such city or village, the oflScers presiding at primary elections held in the political divi- sions of such county outside of such city or village shall file with the custodian of primary records immediately after the holding of every such primary election a sworn statement of the delegates and members of general committees elected thereat. Subdivision 3. At all reasonable times any watcher shall have reasonable opportunity to make a transcript of such statement, or any portion thereof, and any candidate shall be entitled to re- ceive, upon demand, a written statement showing the result of the primary election so far as he is concerned. In the case of a primary election at which persons are elected to any con- vention or committee from election districts as the unit of repre- sentation, the board of primary inspectors shall, promptly after canvassing the vote, deliver to each of the persons who receive the largest number of votes as delegates to, or as members of, such convention or committee, or to the respective persons authorized in writing by them to receive the same, a certificate stating the total number of votes cast for the respective candi- dates and the number thereof received by such persons respec- tively. Such certificate shall be the evidence of the election of such persons, and shall entitle them and each of them to be placed upon the roll of, and be admitted to, such convention or committee. After the close of the canvass of the votes at primary elections, the ballots cast thereat, except those rejected as void or protested as marked for identification, shall be re- § 8 Primary Election Law. 185 placed in the ballot-boxes from which they were respectively taken, and such ballot-boxes shall then be securely locked and sealed, and shall be returned to the officer from whom they were received, who shall safely keep the same; subject, however, to be produced upon the order of any court of record or judge thereof, for not less than thirty days after such primary election, and until all suits or proceedings before any court or judge touching the same shall have been finally determined, when the ballots shall be removed and, without examination, destroyed. The custodian of primary records shall not be required to retain on file the enrollment books and other papers required to be filed with him by the board of primary inspectors for a period of more than three years unless otherwise directed by the district-attorney of the county or a judge or justice of a court of record. {Thus amended ty chap. 207, L. 1905.) Subdivision 4. The custodian of primary records shall forth- with proceed to canvass the statements so filed (except so far as they relate to the election of delegates to conventions or mem- bers of committees from election districts as the unit of repre- sentation), and shall complete such canvass within seventy-two hours from midnight of the day on which the primary election was held. Such custodian shall thereupon prepare certified statements of the result of the primary elections of each party participating therein and shall make up the rolls of the conven- tions for which delegates were elected at such primary elections, so far as such conventions are to be made up of such delegates, and add thereto the names of any delegates entitled to act in such conventions from any of the political divisions of such county not included within any city or village to which this act is applicable, as contained in the statements filed with him pur- suant to subdivision two of section eight of this act, and shall promptly mail, and, if requested, deliver one copy thereof to the respective secretaries of the proper political committees of the several parties participating in such primary election. It shall be the duty of the custodian of primary records to prepare a cer- tified transcript of such statements, or any portion thereof, and 186 Primary Election Law. § 9 deliver the same to any individ'ual or political committee upon demand on payment of five cents for every one hundred words so certified. Wherever the custodian of primary records is a - salaried officer, the fees received by him for making such certi- fied transcripts, shall be paid into the public treasury. The secre- tary of any political committee shall be entitled to receive, upon demand, a certificate of the result of any such election in any unit of representation comprised within the territory within which such committee represents a party. Such custodian shall also promptly deliver upon demand to any person, who, by the statements so filed and canvassed, is shown to have been elected as delegate to a convention or a member of a committeej or to have been nominated as a candidate for public oflSce, a cer- tificate of such election or nomination, as the case may be. Such certificate or a duplicate thereof, shall be sufficient to entitle the person named therein to be admitted to the convention or committee to which he shall have been elected, and upon filing such certificate in the proper office and at the proper time prior to election day, a person nominated for public office at such primary election shall be entitled to have his name printed upon the official ballot of his party, as if he had been nominated in the manner provided in section fifty-six of the election law. Nothing herein contained shall be construed as preventing the holding of a convention prior to the receipt by the secretary of the proper political committee of the certificate provided for in this section, provided the roll of such convention shall be made up of those delegates who shall have been duly elected as shown by the origi- nal statements of the boards of primary inspectors in the various election districts, and in the statements filed pursuant to sub- division two of section eight hereof. § 9. Subdivision 1. Committees, and rules and regulations of parties. — Subdivision one. Each party shall have a general committee for each county, except that in th^ city of New York there may be, in lieu of, or in addition to, a general committee for each county wholly therein, a general city committee or gen- § 9 Primary Election Law. 187 eral borough committees, or both, as the rules and regulations of the party may prescribe, and except that in each city other than said city of New York, and cities of the first class, if it be desired by a majority of the members of such general committees elected from the wards of such city, there shall be for such city a city committee to consist of such members so elected from such wards, who shall have power to perfect their own organization under such rules and regulations as they may prescribe for the conduct of tJie affairs of such party affecting such city and the wards thereof. Any party may also have committees in and for such ether 2)olitical subdivisions as its rules and regulations may pre- scribe. All members of general committees, and assembly dis- trict and ward committees, chosen in or from cities of the first class except as otherwise lierein provided, shall be elected at the primary elections, on the annual primary day of each year. In the other cities and villages to which this act is applicable, except as otherwise jjrovided in this act, there shall be elected at the primary elections on such day either the members of all general committees elected from such cities or villages, or the members from such cities or villages of the conventions or committees by which members of the general committees are to be appointed, and in such cities and villagas the rules of the party may deter- mine whether members of general committees shall be elected at primary elections or by conventions or committees the mem- bers of which shall be elected on the annual primary day as above provided, or by conventions or committees which shall have been chosen bj' delegates who shall have been elected on the annual primary day as above provided. The times when committees elected at primary elections shall take oflSce shall be determined by the rilles and regulations of the respective parties, except that such time shall not be later than the first day of Janu- ary succeeding their election. On the day fixed by the rules and regulations, constitutions or by-laws of the party, the members . of each general county committee or city committee shall meet and organize. They may proceed to make and adopt rules and regu- lations, but unless so adopted, the rules and regulations adopted 188 Primary Election Law. § 10 by the last preceding county or city committee of said party in said county or city slaall remain in full fdrce and eftect until re- pealed or amended in accordance with the provisions of this act. Members of committees shall be apportioned among the various units of representation entitled to representation therein accord- ing to the rules hereinafter prescribed for the apportionment of delegates to conventions. Members of committees in villages shall be apportioned and shall hold oflBce as shall be provided in the rules and regulations of parties. Each county or city com- mittee and the officers thereof shall have all the power and au- Ihurity and shall perform all the duties, in respect to the nomina- tions of officers to serve at general elections, conferred upon the general committee, the county committee, the city committee, the executive committee, or the officers thereof, given to any party in such city or county by section twelve of the election law. (Thus amended hy chap. 167, L. 1901, and chap. 595, L. 1903.) Subdivision 2. The rules and regulations of parties, and of the conventions and committees thereof, shall not be contrary to, or inconsistent with, the provisions of this act, or of any other law, and shall not be amended except upon reasonable notice. Every political committee shall, within three days after its organiza- tion, file with the proper custodian of primary records a certificate specifying the names and addresses of its chairman and secretary, and shall within the same period of time after its adoption file with said custodian a transcript of every rule and regulation of said party in said county and of every amendment thereof duly certified in like manner. The rules and regulations of a party may prescribe the amount of annual dues to be paid by each member of such committee to such committee, for the purpose of defraying the expenses thereof, and may contain a provision precluding any member who may fail to comply therewith, from participating in the meetings of such committee. § 10. Conventions. — The delegates to every party convention in and for any political subdivision, chosen in any city or village to which this act is applicable, shall be apportioned among the § 10 Peimaey Election Law. 189 units of representation in sucli city or village as nearly as pos- sible upon the basis of the number of votes cast therein for the party .candidate for governor at the last preceding general elec- tion, except that in any county which is not wholly inclu-ded within the boundaries of a city of the first class, the general com- mittee of the party may, by its rules and regulations, continue any existing system of representation in conventions. The gen- eral committee of any party may also by its rules and regulations apportion the voting power of the delegates to a convention in accordance with such vote for governor. If the boundaries of any political subdivisions serving as units of representation shall have been changed since the last preceding general election at which a governor was elected, the party vote for governor at such election within the limits of such newly constituted units of representation shall be estimated as closely as possible and the apportionment of delegates shall be made in accordance with such estimate. The room designated for the meeting place of any convention shall have ample seating capacity for all dele- gates and alternates. Every convention shall be called to order by the chairman of the committee with whom the call originates or by a person designated in writing for that purpose by such chairman, and such chairman or person so designated sLall have the custody of the roll of the convention until it shall have been organized. N^o convention shall proceed to the election of a temporary chairman or transact any business until the time fixed for the opening thereof has arrived and at least a majority of the delegates or respective alternates named in the official roll shall be present. The roll-call upon the election of temporary chair- man shall not be delayed more than one hour after the time specified in the call for the opening of the convention, provided a majority of the delegates are present. The temporary chair- man of the convention shall be chosen on a. call of the roll, and as the name of each delegate is called he shall rise in his place and declare his choice for such oflQcer. The person who calls the convention to order shall exercise no other function that that of calling the oflScial roll of the delegates upon the vote for tern- 190 Primary Election Law. § 10 porary chairman and declaring the result thereof. The commit- tees of a convention shall be appointed by the convention, or by the temporary chairman, as the convention may order. • Unless the convention shall otherwise order, the permanent chairman shall be chosen on roll-call. The permanent officers shall keep the records of the convention, and, within forty-eight hours after the adjournment thereof, shall certify and file the same in the office of the custodian of primary records. Before entering upon their duties, the temporary and permanent chairman of every convention, and the chairman and members of any com- mittee on contested seats therein, shall respectively take an oath to faithfully perform the duties of their offices, which oath may be taken before any officer authorized by law to administer an oath, and shall form a part of, and be filed with, the records of the convention. Each convention shall decide all questions as to contested seats therein. All witnesses examined by or before such committee on contested seats shall be sworn by the chairman or a member thereof to tell the truth, the whole truth and nothing but the truth concerning the matters and things then being investigated by said committee. Any jus- tice of the supreme court within the judicial district in which a convention is about to be held or any county judge of a county in which a convention is about to be held, shall have power, upon application in writing duly verified, stating the purpose and object thereof, to issue a subpoena to any elector applying therefor, requiring any person within the same county or city in which a convention is about to be held, to appear before such convention and testify before a committee on contested seats thereof when appointed concerning any matter which may be investigated by said convention or committee and to produce thereat public records or records of a primary election or a con- vention of the party of which such convention is about to be held. Such justice or judge shall issue such subpoena upon suffi- cient ground being shown therefor, but he may deny the applica- tion if he deems it frivolous or scandalous. Witnesses attending pursuant to such subpoena shall be paid by the applicant the same § ^1 Primary Election Law. 191 fees which witnesses are entitled to receive upon trial of an action in a court of record. Any elector desiring to contest the right of any other elector to his seat in a convention shall file with the custodian of primary records a notice of such contest stating the name and residence address of the person whose seat is to be con- tested, at least forty-eight hours before the time fixed for hold- ing such convention; provided that if a convention is called to be held in less than forty-eight hours from the closing of the polls of the primary election such notice shall be served on the temporary chairman of the convention instead. It shall be the duty of said custodian of primary records to transmit a copy of such notice of contest to the person whose seat is to be contested, either by personal service upon him or through the mail, within twenty-four hours after the receipt of such notice. All oaths administered under the provisions of this act are hereby declared to be oaths required by law, and to be necessary for the ends of public justice. The rules and regula- tions of the party may prescribe the method of substituting dele- gates in conventions. No convention, composed of delegates elected in accordance with this act, shall be held until after the primary day on which delegates thereto or delegates to conven- tions to elect delegates thereto shall have been elected. § 11. Jurisdiction of, and review by, the courts. — Any action or neglect of the oflQcers or members of a political convention or committee, or of any inspector of primary election, or of any public oflScer, or board, wii?h regard to the right of any person to participate in a primary election, convention, or committee, or to enroll with any party, or with regard to any right given to, or duty prescribed for, any elector, political commitltee, political con- vention, officer or board, by this act, shall be reviewable by the appropriate remedy of mandamus or certiorari, as the case may require. In addition thereto, the supreme court, or any justice thereof within the judicial district, or any county judge within his county, shall have summary jurisdiction, upon complaint of any citizen, to review such action or neglect. Such a complaint shall be heard upon such notice as the said court or justice or 192 Peimaey Election Law. §§ 12, 13 judge thereof shall direct. In reviewing such action or neglect, the court*, justice, or judge shall consider, but need not be con- trolled by, any action or determination pf the regularly consti- tuted party authorities upon the questions arising in reference thereto, and shall make such decision and order as, under all the facts and circumstances of tSie case, justice may require. For any of the purposes of this section, service of a writ of man- damus, certiorari, order or other process of said court or justice or judge thereof upon the chairman or secretary of such con- vention, committee, or board, shall be suflScient. § 12. Nomination of candidates at primary elections. — In case the general committee representing a party in any city or vil- lage to which this act is applicable, or in a county wholly within any such city, or in a borough of any sucli city, shall adopt, by a majority vote, a rule that the nomination of that party's candidates for specified public offices to be filled wholly from such subdivision shall be made at the primary elections of the party, then so long as such rule remains in force, the nornination or that party's candidates, for the public offices specified in such rule, shall be made by the enrolled members of the party at the ofiBcial primary elections of the party held on the annual primary day. Such rule shall be adopted at least thirty days prior to said annual primary day and published, in the manner in which notices of primary elections are required to be published by this act, at least twenty days before such primary election. In case nomina- tions for city or ward oflSces are made in primary election districts tinder a rule adopted as prescribed in this section, certificates showing the result of the votes for the several candidates for nomination in the several districts shall be made by the boards of inspectors thereof and filed in the ofiflce of the custodian of pri- mary records who shall determine from such certificates the per- sons nominated for such ofiices. [Thus amended ly chap. 202, L. 1900.) § 13. Option to certain parties. — No party which, at the last preceding election of a governor, cast less than three per centum § 14 Primary Election Law. 193 of tlie entire vote cast in the state for governor, shall be subject to the provisions of this act, unless on or before the first day of July, in any year, such party shall elect to come in under the same. The evidence of such election shall be a certificate filed by the chairman and secretary of the state committee of such party wit>h the secretary of state and with the custodian of primary records for each city and village to which this act is applicable. In case such a certificate shall Le so filed, the party on behalf of which it is filed, shall be subject to the provisions of this act on and after the first day of registration next succeeding, and thereafter its enrollment, primary elections, conventions and committees shall proceed in accordance therewith until such a time as a cer- tificate of its election to be no longer subject to the provisions of this: act shall be filed with the ofiScers above mentioned. § 14. •Application of this act to cities of the third class and villages. — ^No city of the third class or village shall be subject to the provisions of this act, unless the general committee for the county in which such city or village is situated, of each party entitled to be represented by inspectors of election in such city or village, shall . have adopted a resolution declaring that they desire to come in under the provisions of this act, and shall have filed, on or before the first day of July, in ■ any year, a duly, attested copy thereof with the secretary of state and with the county clerk of such county; or unless the electors of such city or village shall have voted at a general election to come in under this act. In such case such city or village shall be subject to the provisions of this act on and after the first day of regis- tration next succeeding, and the custodian of primary records shall provide the necessary enrollment books prior to such day. The question whether or not any such city or village shall come in under this act shallbe submitted to the electors thereof whenever the general committee of either of said parties, for the county in which such city or village is situated, shall by resolution request such submission and shall file a duly attested copy of such resolution with the secretary of state and witt the 13 194 Peimary Election Law. § 1j county clerk, not le&s than sixty days before any gener'al elec- tion, or whenever not less than sixty days before any general election the electors of any city or village to which this act is applicable equal in number to at least one-tfenth of the votes cast therein at the next preceding election for state oflScers shall by a petition similar in form and manner of execution to the peti- tion required by the election law for independent nominations request the mayor of such city or the board of trustees of such village to submit the question whether this act shall be made applicable to such city or village to the electors thereof at a general election; in either of which cases it shall be the duty of the proper council or board or other oflScers of such city or village to provide by ordinance, resolution or otherwise, for the submission of such question to the electors thereof at the next ensuing general election ; and such submission shall, so far as possible, be made in the manner now prescribed by law for submitting proposed amendments to the constitution of the state to the electors thereof. A similar procedure shall take any such city or village which has so elected to come within the provisions of this act out of such provisions and make them thereafter no longer applicable to such city or village; but if the decision to come under this act was made at a general election, such decision can be changed only at a general election. § 15. Repealing clause. — All acts and parts of acts inconsistent with the provisions of this act are hereby repealed, in so far as they apply to the parties and in the places to which this act is, or shall be applied; except that nothing herein contained shall be construed as preventing the use of the existing original en- rollment books at any primary election held prior to the first day of January in the year nineteen hundred, and said enrollment books shall continue and be used at all primary elections held under the provisions of this act prior to that time, provided, however, that in case new enrollment books shall have been pre- pared by the custodian of primary records, pursuant to the pro- visions of subdivision nine of section three of this act, such new enrollment books shall be used at all such primary elections. Town Enrollment Act. L. 1902, Chap. 195. — An Act to Provide for the Enrollment of Members of Political Parties in Towns. Application of act. — Section 1. This act shall not apply to any of the counties embraced within Greater New York, nor to cities of the second or third class, nor to any village which shall be or become subject to the provisions of chapter four hundred and seventy-three of Hhe laws of eighteen hundred and ninety-nine, entitled "An act to amend chapter one hundred and seventy-nine of the general laws of eighteen hundred and ninety-eight, entitled 'An act in relation to the enrollment for political parties, primary elections, conventions and political committees,' relative to the enrollment for and holding of primary elections." In any county of the state^ other than those embraced within Greater New York, it shall become applicable, and govern and control the enrollment of the members of any political party in the several towns of the county, except as above specified, from the first day of September, succeeding the adoption by a majority vote of the general committee of the party, which shall include the aflBrm- ative vote of a majority of all the members thereof elected from the towns of said county, and filing in the ofiBce of the clerk of the county, of a resolution in writing, declaring that the members of such party shall thereafter be enrolled as herein provided; but shall not affect any primary election held prior to the first day of January next thereafter, and in any such county the general committee of any party to which this act may be so applicable, may similarly adopt and file a resolution re- scinding such declaration, and thereafter the application of this act in any such county shall cease. This act shall not apply to the counties of Allegany, Broome, Cattaraugus, Chautauqua, Chenango, Clinton, Columbia, Cortfand, Delaware, Dutchess, Essex. Franklin^ Fulton, Genesee. Gi'eene, Hamilton, Herkimer, J95 196 Town Enrollment Act. §§ 2, 3 Livingston, Madison, Montgomery, Nassau, Oneida, Onondaga, Orange, Orleans, Oswego, Otsego, Putnam, Rensselaer, Rockland, Saint Lawreiice, Saratoga, Sclienecta:dy, Schoharie, Schuyler, Seneca, Steuben, Suffolk, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Westchester and Yates-. Enrollment books. — § 2. In any county to which this act shall so become applicable, the clerk of the county shall cause to be prepared, on or before the fifteenth day of September in each year, enrollment books to the number of two for each election district in the several towns of the county, which shall be so arranged that the names of all electors of the election district may be inscribed therein alphabetically. There shall be fourteen columns in each page. The first for the surnames of the elec- tors; the second for the christian names of the electors; the third for the word "yes," if the elector be enrolled by the elec- tion inspectors upon their own knowledge; the fourth for the name of any elector making oath to the party afiSliation of any other elector; the fifth for the name of the party with which an elector is enrolled ; the sixth for an entry to show enrollment by certificate; the seventh for the record of any alteration of en- rollment, transfer, or striking from the enrollment the name of any elector ; the eighth for the word " voted," in case the elector votes at the first official primary election of the year; the ninth for a record as to challenges, in case of challenge' thereat ; the tenth and eleventh for similar, eiltries, in case he votes at the second official primary election of the >ear; the twelfth and thirteenth for similar entries, in case there be a third official primary election, or an unofficial primary election; and the four- teenth for any remarks not provided for in any of such other columns. Said books with proper instructions shall be delivered by the said clerk to the election inspectors of the respectivx" r^ec- tion districts in said towns immp<^]iatolT before tli- 11 registration in each year. Entry in enrollment books; duties of election officcvs. — § '.]. , shall be the duty of the election inspectors" of the respective § * Town Enrollment Act. 197 election districts in said towns, on the days on which they shall prepare the register of electors in said election districts respec- tively, and at the same time, to enter in the said enrollment books the name of every elector registered by them, for the purpose of voting at such election, whose political aflSIiation shall be personally known to them, and after the name of each such elector to enter in the third column the word " yes " to indicate such enrollment by them, and in the fifth column the name of the party with which he is so enrolled, and if it shall be shown to them by any duly registered elector of such district, under oath, that any other elector so registered by them, whose party afiaiiation is not personally known to them, is actually affiliated with any party, it shall be their duty to enter the name of, such other elector in said enrollment books and after the name of such elector, in the fourth column, the name of the elector so making oath, and in the fifth column the name of the party with which such elector shall testify that such other elector is affili- ated. At the close of the last day of registration the said in- spectors of election shall make and sign a certificate that said enrollment lists so prepared by them contain a correct and true statement of the names of all duly registered electors of said election district who are personally known .to them to be affili- ated with any political party, or who may have been shown to them, by the oath of any duly registered elector, to be so affili- ated with any party, and within twenty-four hours thereafter the chairman of said board of election inspectors shall file one of said enrollment lists with the town clerk of the town containing such election district, and the other of said enrollment lists with the said county clerk. The town clerks of the several towns shall at all times keep on file the blank forms described in sections four, five and six hereof in sufficient quantities for the use of the electors of the town. Special enrollment; statement to be filed; change of party; when name to be stricken from list. — § 4. At any time prior to July first tb^re^tfter, except during the thirty days prepe^ing a prj- 198 Town Enrollment Act, § 4 mary election day, any elector who was so duly registered as an elector in any of said towns, but who was not enrolled with any party, may become specially enrolled in, and have his name added to, the enrollment list so filed with the county clerk of any party in the election district in which he then residted and still resides, by making and acknowledging before any oflQcer authorized by law to take the acknowledgment of deeds to be recorded in this state, and filing or causing to be filed with the said county clerk, a statement embodying a declaration in the following form : " I, ( ) do solemnly declare that I reside in ( ) and am a duly qualified elector of the ( ) election district of said town. That at one of the last preceding days of registration I was duly registered as an elector in said election district, but was not enrolledi, and I request that I be specially enrolled with the ( ) party. That I am in general sympathy with the principles of the ( ) party. That it is my intention to support generally, ?it the next general elec- tion, the nominees of such party, and that I have not been en- rolled with, nor participated in, any primary election or conven- tion of any other party since the first day of last year." And any elector in any of said towns who has been so enrolled with any party, but who has been enrolled with a party other than that with which he is actually aflSliated, may have his party affilia- tion changed upon the enrollment list so made, by striking out the name of the party with which he is so wrongfully described to be affiliated and inserting the name of the party with which he may declare he is affiliated, by similarly making, acknowledging and filing or causing to be filed a similar statement in all respects, except that he shall declare that he was so wrongfully enrolled and request that his party affiliation be so changed. And any elector in any of said towns who has been so enrolled with any party but who desires to be not enrolled as aflSliating with any party, may have his name stricken from the enrollment list as so made, by similarly making, acknowledging and filing or causing to be filed a statement, embodying a declaration in the fQllpVing fprm ; " I, (.,,,,,.,,..) d9 sQl^mnlj^ declf^r^ tlif(t §§ 5, 6 Town Eneollment Act. 199 I reside in ( ) and am a qualified elector of the ( ) election district of said town. That at one of the last preceding diays of registration I was duly registered as an elector in said election district and was enrolled with the ( ) party, and I request that my name be stricken from said enrollment list and be not borne thereon as affiliated with any party." Upon the filing of any such statement, the said county clerk shall cause the request contained in such statement to be complied with, by adding the name of the elector, by chang- ing the party affiliation, or by striking out the name of any enrolled elector, as the case may be, in the enrollment list filed with him for the proper election district and recording in the proper column thereof the reason therefor. Enrollment of voters who became of age after preceding elec- tion. — § 5. Any elector in any of said towns who shall have become of age after the last preceding general election, may at any time other than during the thirty days next preceding a primary election day, become specially enrolled in, and have his name added to, the enrollment list so filed with the county clerk, of any party in the election district in which he resides by simi- larly making, acknowledging and filing or causing to be filed with the county clerk a statement embodying the declaration first set forth in the last section, except that instead of the words indi- cating that the elector was registered on one of the last preceding days of registration but was not enrolled, words indicating that he has become of age since the last preceding general election shall be used. Upon the filing of such statement, the said county clerk shall enroll such elector in the enrollment list filed with him for the proper election district and shall record in the proper columns thereof the name of such elector, the party with which he is en- rolled, the fact and date of such special enrollment, and the fact that he has become of age since the last preceding general election. Effect of change of residence. — § 6. If after being enrolled as a member of a party in one election district, either by original enrollment or by transfer, an elector shall move into another 200 Town Enrollment Act. §§ 7, 8 election district in said county, he may at any time between the first day of January of any year and the thirtieth day before any primary election day, become enrolled therein as a member of the same party, by making, acknowledging and filing, or causing to be filed, with the county clerk, a statement specifying the name of the party with which, and the election district in which, he is enrolled, and the election district into which he has re- moved, and stating that he resides in the last mentioned election district and desires to be enrolled therein as a member of such party. Upon the filing of such statement, the said county clerk shall enroll the name of such elector in the enrollment list filed with him for the proper election district, specifying the district from which he is transferred, andi shall also make a minute, oppo- site the entry of his name, in the enrollment list filed with him of the election district from which he has removed, showing the election district to which his name is transifeired. County clerk to compile enrollment lists. — § 7. The said county clerk shall annually thirty days prior to each primary election day, from the said enrollment lists so filed with him, compile enrollment lists for each party to which this act shall then be applicable, of all the enrolled electors of such party in each of the towns of said county, and annex thereto a certificate, under his hand and seal, that the same is a correct and true transcript from the enrollment lists of such party so filed with him, and the changes and alterations therein, of the several election dis- tricts comprising such town, and deliver one set of each such lists to the chairman of the general committee of each such party. Such enrollment lists shall conform in nil resxiects to the form of the enrollment lists so filed with him, and all entries in such original enrollment lists shall be shown thereon, except that the names upon such lists shall be arranged in alphabetical order, and each such list shall contain all the names of the duly enrolled electors of such party in the town to which it appertains. Enrollment lists, when to take effect. — § 8. The enrollment lists prepared by the election inspectors and so filed with said §§ 9, 10, 11 Town Enrollment Act. 201 county clerk shall go into effect on the first day of January fol- lowing the days of registration on which they were begun, and shall, with any additions or alterations made as herein provided remain in force until the first day of the following January, when they shall be superseded by the new enrollment lists, begun as herein provided. Who may be enrolled. — § 9. Only electors who were duly regis- tered or who shall have become of age after the last preceding general election, shall be entitled to be enrolled. Only electoi*s duly enrolled as herein provided shall be entitled to participate in the primary elections of the party to which this act shall then be applicable, and no elector so enrolled shall take part in any primary election of any party other than the party with which he shall at the time be so enrolled. ' » Lists and statements public records ; duties of county clerk. — § 10. The enrollment lists herein provided, and any statements filed relating thereto, shall be public records and open for inspec- tion and copying at any time by any person. It shall be the duty of the said county clerk to certify to the correctness of any tran- script of any such enrollment lists, or of any part thereof, on the payment of one cent for every twenty names contained therein, and the fees received by him therefor shall be paid to the county treasurer except in counties where the county clerk is not a sala- ried ofiScer. And the said county clerk shall give to any elector enrolled or transferred as herein provided, a certificate of enroll- ment or transfer, upon request, which shall specify the name of the party with which he is enrolled, the date of enrollment or transfer, and the election district from which such elector is en- rolled or to which he has been transferred. Primary elections, how conducted; challenges. — § 11. Primary elections in the said towns, notice thereof, and the manner and method of conducting the sanie, shall continue to be held and gov- erned in the manner provided by law and the rules and regulations of the general committees of the respective parties in said county, 202 Town Enrollment Act. §§ 12, 13 except as herein provided, and except that any enrolled elector may be challenged at any time before his ballot is cast, and upon such challenge the chairman presiding at such primary shall forth- with put to him, on oath or affirmation, the following questions: Are you (using the name by which he is enrolled) ? Do you reside, and have you for thirty days past, residted in the town of (naming the town containing the election district in which he is enrolled) ? Are, you affiliated with, and do you intend generally' to support the candidates of the party (naming the party holding the primary at which such elector offers to vote) ? And unless all of such questions be answered in the affirmative, the, vote of such elector shall, notwithstanding his enrollment, be rejected. The said general committees may make and provide such further rules and regulations as may be necessary to give effect to this act. Review of action of county clerk. — § 12. Any action or neglect of any inspector of election, or of the said county clerk, with regard to the proper enrollment of any person as herein provided, shall be reviewable by the proper remedy of mandamus or cer- tiorari, as the case may be, and in addition thereto the supreme court, or any justice thereof, within the judicial district contain- ing the county or the county judge or special county judge of said county, shall have summary jurisdiction, upon complaint of any citizen, to review such action or neglect, and such court, justice, judge, or special county judge, may consider, but need not be con- trolled by, any action or determination of the regularly consti- tuted party authorities upon the questions arising in reference thereto, and shall make such decision or order as, under all the facts and circumstances of the case, justice may require. Expense a town charge. — § 13. The expenses of making such enrollment lists shall be charged respectively upon the towns for which the same are made. §§ 14, 15, 16 Town Enrollment Act. 203 Misdemeanor. — § 14. Any person violating any of the pro- visions of this act shall be guilty of a misdemeanor. Action by county committee; first enrollment. — § 15. In any county to which this act may apply as provided in section one hereof, it may be made applicable to all primary elections of a party to be held in the towns therein subsequent to July first, nineteen hundred and two, by the adoption by the general committee of the party and the filing thereof as provided in section one, within twenty days after this act takes effect, of a resolution declaring that the members of such party shall be enrolled for the primary elections to be held in such county during the year nineteen hundred and two, and thereafter, as provided in this act. And for the purpose of holding such pri- mary elections during the present year there shall be a special enrollment day upon the second Tuesday in May, nineteen hun- dred and two, upon which day the election inspectors shall meet in the respective places where the last general election was held, or if the same be impracticable, in such places as shall be pro- vided in the same manner as places for holding general elections are now provided, and proceed to make an enrollment of the electors in their several election districts in the manner herein provided, for which purpose the county clerk shall furnish them with the necessary enrollment books and instructions, and the same procedure shall be had with reference to additions or altera- tions therein as is herein provided for the enrollment books be- gun upon the regular days of registration. And the enrollment lists so filed and prepared by said county clerk, with the addi- tions and alterations therein, shall become and be the enroll- ment lists for such official primary elections of such party for the present year; and thereafter shall be superseded by the regular enrollment lists of such party begun and completed as herein- before provided. § 16. This act shall take effect immediately. Metropolitan Elections District Law. Chapter 689, L. 1905. An Act to amend chapter six hundred and seventy-six of the laws of eighteen hundred and ninety-eight, entitled " An act to create a metropolitan elections district ; provide for the appointment of a state superintendent therein, and to prescribe his powers and duties," generally. Became a law, June 2, 1905, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assemily, do enact as folloics: Section 1. Chapter six hundred and seventy-six of the laws of eighteen hundred and ninety-eight, entitled "An act to create a metropolitan elections district; provide for the appointment of a state superintendent therein,- and to prescribe his powers and duties," as amended by chapter four hundred and ninety- nine of the laws of eighteen hundred and ninety-nine and chapter six hundred and eighty-four of the laws of nineteen hundred, is hereby amended to read as follows : § 1. Metropolitan elections district, — The counties of New York, Kings, (Queens, Richmond and Westchester are hereby con- stituted a metropolitan elections district for the purpose of all elections for state officers hereafter to be held herein. § 2. State superintendent of elections, chief deputy and assist- ants.— The governor, within ten days after this act takes effect, shall appoint an officer, by and with the advice and cons(^nt of the senate, to be known as " the state superintendent of elections for the metropolitan elections district." He shall be a resident of one of the aforesaid counties and shnll hold office for the term ending December thirty-first, nineteen hundred and two. His successor shall be appointed for the full term of four years, afld 204 §§ .3, 4 Metropolitan Elections District Law. 20S all terms shall expire on the thirty-first day of December. Vacan- cies shall be filled for the remainder of the unexpired term. Such superintendent may be removed from office in the same manner as a sheriff. He may appoint a chief deputy without nomination, a clerk, a secretary and a stenographer, and remove them at pleasure. § 3. Powers of superin.ii.i. . . ' . i. [ irp^Lies. — Such state superintendent of elections au^ v.„^:^ v.;.^ -Ly appointed by him, shall possess and exercise all the powers vested in a. sheriff, as a conservator of the peace, either by statute or common law. The clerk, appointed by the state superintendent of elections pursuant to the provisions of this act shall have power v/hen directed by the state superintendent of elections, to administer oaths and afiflrma- tions required by law, or by any order, rule or regulation of the state superintendent of elections, for or in connection with the appointment and qualification of deputy superintendents, of elec- tions appointed pursuant to the provisions of sections four and five of this act. § 4. Deputies ; appointment, qualification, terms, etc. — Such superintendent may appoint not exceeding four hundred deputy superintendents of elections for the metropolitan elections dis- trict for service in the counties mentioned in the first section of this act, and administer, or cause to be administered to them the oath of ofiSce. On or before the fifteenth day of August said state superintendent shall notify the chairman of each county committee representing a political party in such county in said metropolitan elections district entitled to representation in local election board's therein, that each such party is entitled to nom- inate one-half the number of deputies to be appointed, and shall in such notification specify the number to be nominated by the partv so notified, and that written nominations for such appoint- ment will be received by him on or before a specified date. A deputy state superintendent must possess the qualifications of election officers required by the election law, except that he need 206 Metropolitan Elections District Law. § 4 not be a resident of the election district in which he serves. Each such chairman of a county committee may present to the state superintendent a list containing the number of names specified in the notice given by the superintendent to the said chairman, and appointments shall be made from such lists or from a supple- mental list as herein provided. One-half of the appointments so made shall be made from each of the parties making such nom- ination, provided, however, that all persons so appointed shall possess the qualifications required by law.' All persons so pro- posed for appointment may be examined as to their possessing the qualifications required by section eleven of the election law, by or under the direction of the state superintendent, who shall give five days' notice in writing of such proposed examination to the person to be examined, and also to the chairman of the com- mittee or other person by whom the list was filed and authenti- cated, and such chairman or other person may appear and be heard on such examination, either in person or by counsel. If a person so nominated is not examined, or if after examination he is found qualified, under section eleven of the election law, he shall be appointed. If a person so proposed is found disquali- fied after examination, notice in writing to that effect shall be given by the superintendent within three days after such dis- qualification is determined by him, to the chairman of the com- mittee or other person by whom the list embracing the name of the person so disqualified was authenticated; and such chair- man or other person may thereupon file a supplemental list con- taining the names of persons nominated to fill such vacancies. Additional supplemental lists may also be filed from time to time on notice by the superintendent, until all the appointments to which a party is entitled are made. Any vacancy occurring by disqualification or otherwise shall be filled by the appointment of a qualified person named in a supplemental list filed on behalf of the same party, except that if a party entitled to representation files no original list, nor a supplemental list after notice, the ap- pointment may be made without such lists, and without nomina- tion. The term of office of a deputy superintendent appointed f§ 5, 6 Metropolitan Elections District Law. 207 under this section shall expire on the thirty-first day of December of the calendar year in which he is appointed. § 5. Additional deputies.— The superintendent, whenever he deems it necessary, may appoint, without nomination, and at pleasure remove, not more than one hundred and fifty addi- tional deputies, to be employed by him in enforcing the provi- sions of this act. Deputies appointed under this section shall not as such be entitled to attend at the polling places on election day, but in all other respects possess the same powers and are charged with the same duties as other deputies appointed under this act. § 6. Control and powers of deputies ; refusal to furnish informa- tion. — All deputies appointed under this act shall be subject to the direction and control of the state superintendent, and he may assign them to any election district in the metropolitan elections district. Such deputies, when directed by the state superintendent shall, or on their own motion, or on complaint of any citizen of the state may : 1. Investigate all questions relating to registration of voters, and for that purpose shall have power to visit and inspect any house, dwelling, building, inn, lodging-house or hotel within the metropolitan district, and interrogate any inmate, house-dweller, keeper, care-taker, owner, proprietor or landlord thereof or therein, as to any person or persons residing or claiming to reside therein or thereat. 2. Arrest' any person without warrant who in his presence vio- lates or attempts to violate any of the provisions of the election law or the penal code relating to crimes against the elective franchise. 3. Execute warrants of arrest and take into custody the per- son or persons named in such process. 4. Inspect and copy any books, records, papers or documents relating to or affecting the election or the registration of electors. 5. Require every lodging-house keeper, landlord or proprietor 208 Metropolitan Elections District Law. § "^ to exhibit his register of lodgers therein at any time to such deputy. Any person who neglects or refuses to furnish any informa- tion required or authorized by this act, or to exhibit records, papers, or documents herein authorized to be inspected, or which are required to be exhibited, shall be guilty of a misdemeanor. § 7. Aid and assistance of persons and public officers. — The state superintendent, or any deputy, may call on any person to assist him in the performance of his duty; and he may also call on any public officer who by himself or his assistants, deputies or subordinates shall render such assistance as may be required. Any such person, public officer, deputy or subordinate who shall fail, on demand of the superintendent or any deputy, to render such aid and assistance in the performance of his duty as he shall demand, or who shall wilfully hinder or delay, or attempt to hinder or delay such superintendent or deputy, in the perform- ance of his duty, shall be guilty of a felony and shall upon con- viction thereof be sentenced to imprisonment in a state prison for a period of not more than three years ; and if a public officer, shall, in addition to such imprisonment, forfeit his office. A member of a uniformmed police force and every sheriff, deputy sheriff and election officer shall, for the purpose of this act, be deemed a public officer. The state superintendent shall have power to issue subpoenas for the purpose of investigating any matter within his jurisdiction and of aiding him in enforcing the provisions of this act, such subpoenas to be issued in the name of the state superintendent. He may in proper cases issue sub- poenas duces tecum. A subpoena issued bj the state superin- tendent of elections may be served by the fv ] superintendent or by any deputy appointed by him or by any police or peace officer within the metropolitan elections district. Any person who shall omit, neglect or refuse to obey a subpoena attested in the name of the state superintendent and made returnable at 'one of the offices or branch offices of the superintendent, or who shall refuse to testify under oath before him or his chief deputv. §§ 8, 9 Meteopolitan Elections Distuict Law. 209 or other deputy duly designated, by the superintendent, pursuant to the provisions of this section, is guilty of a misdemeanor. The superintendent, his chief deputy and not more than ten deputies duly designated by the superintendent for that purpose, under his hand and seal of office, are hereby authorized and empowered to administer oaths and affirmations in the usual appropriate forms, to any person in any matter or proceedings authorized as aforesaid, and in all matters pertaining or relat- ing to the elective franchise and to take and administer oaths and affirmations in the usual appropriate forms, in taking any affidavit or dejosition which mar be necessary or required by law or by any order, rule or regulations of the superintendent for or in connection with the official purposes, affairs, powers, dutic:3 or proceedings of said superintendent or deputies or any official purpose lawfully authorized by said superintendent. Any per- son who shall make any false statement under oath before the state superintendent, his deputy, or other deputy authorized to take oaths, as herein provided, is guilty of a felony. § 8. Attendance and duties at polling places. — The state super- intendent may attend at any election, and each deputy superin- tendent shall, on election day, attend the election at the polling place to which he is assigned. The state superintendent shall assign an equal number of deputies from each of the parties entitled to nominate deputy superintendents at every polling place where such deputies are assigned by him. The state super- intendent and each deputy shall be admitted at any time within any polling place and within the guard-rails thereof. It shall be the duty of the superintendent and of each deputy during the election to preserve order and arrest any person violating or attempting to violate the election law or any provision of the penal code relating to the elective franchise. § 9. Duties of lodging house and hotel keepers, chief of police and heads of certain departments. — It shall be the duty of «very landlord, proprietor, lessee or keeper of a lodging house, inn or hotel in the metropolitan elections district, to keep a register 210 Miaa-nopoLiTAN Elections District Law. § ^ in which shall be entered the name and residence, the date of arrival and departure of their guests and the room or rooms occupied by them, and such landlord, proprietor, lessee or keeper shall make a sworn report upon a blank to be prepared and furnished by the state superintendent twenty-nine days before the election next ensuing to the said superintendent of elections, which report shall contain a detailed description of the premises so used and occupied as a lodging house, inn or hotel, including the size and character of building, and in case only part of a building is so used, a statement as to what part of said building is so used, and also if there be more than one building on the premises, which particular building is so used, and the names of the lodgers therein and all employees and all other persons living therein including the landlord, proprietor, lessee or keeper and members of his family, who claim a voting residence at or in such lodging house, inn or hotel, together with the length of time they have been regularly lodging or living therein, state the beginning thereof, the color, age, height, weight, color of hair, marks on face or hands, the complexion of and any distin- guishing marks or features of face or body whereby such persons may be identified, the place of their nativity, the occupation of and place of business of such persons and designating the room occupied by such person, and whether such person is a guest, landlord, proprietor, lessee or keeper, or member of the family of the landlord, proprietor, lessee or keeper. To the end that the sworn report herein required shall truly set forth the facts therein stated, it shall be the duty of the said landlord, proprie- tor, lessee or keeper to question each male person lodging or living in such lodging house, inn or hotel as to his intention of claiming such place as a voting residence, and such person shall thereupon declare his -intention thereof, and if he shall claim such place as his voting residence he shall give to such landlord, proprietor, lessee or keeper the facts regarding himself as are required to be incorporated in the sworn report herein provided for. Any such landlord, proprietor, lessee or keeper or any lodger who shall violate this provision slig,U he deemed guilty ot § 9 Metkopolitan Elections District Law. 211 c a misdemeanor. If any person, other than the keeper or mem- ' bers of his family, shall claim a voting residence in a building or part of the building used as an hotel, within three months of a general election, in which building or part of the building the business of traflScking in liquors is conducted under a liquor tax certificate issued under subdivision one of section eleven of the liquor tax law, the holder of such certificate shall furnish to the state superintendent of elections, whenever the superintendent shall require him so to do, an affidavit properly acknowledged and signed before a notary public, in which the holder of such certificate shall state whether he and such building have con- formed to and at the time of making the affidavit do conform to all the requirements of the laws, ordinances, rules and regula- tions relating to hotels and hotel keepers, including all laws, ordinances, rules and regulations of the state or locality pertain- ing to the building, fire and health departments in relation to hotels and hotel keepers and that such building is or was within three months of the said election used as an hotel. If for any reason the said building or part of the building used as an hotel shall be devoted to other than hotel purposes within three months of said election the holder of such liquor tax certificate shall state in such affidavit for what purpose such building or part thereof formerly used for hotel purposes is then used, and, if the same has been sublet to any person, he shall so state, giving the terms of said lease, and the name of the lessee. Any holder of a liquor tax certificate required to make such affidavit by the said superintendent who shall refuse, fail or neglect to make and file the same forthwith with the superintendent is guilty of a misdemeanor. Any holder of a liquor tax certificate who shall incorporate any false statement in any sworn report or affidavit to the superintendent of elections is guilty of perjury and in addition to sufifering the penalty prescribed by law for such crime shall forfeit his liquor tax certificate and shall be deprived of all rights and privileges thereunder and of any right to a rebate of any portion of the tax paid thereon, and shall be debarred from trafficking in liquors for a )period of five 2l2 Metroi-olitan Elections District Law. § 10 years from the date of his conviction. Any report or aflQdavit herein required shall be acknowledged and sworn to before a notary public or commissioner of deeds, and shall be filed person- ally by such landlord, proprietor, lessee or keeper or by registered mail with the said superintendent of elections at his oflSce. When- ever the state superintendent of elections shall require it shall be the duty of the chief of police and the respective heads of the departments of buildings, fire and health to forthwith make a report in writing to the said superintendent of elections of every building or part of a building in such city in which the business of traflBcking in liquors is conducted under a liquor tax certificate issued under subdivision one of sec- tion eleven of the liquor tax law, showing the location thereof by street and number, election district and assembly district or ward, the character of such business, as declared by the holder of the certificate, specifying whether it be an hotel, res- taurant, saloon, store, shop, booth or other place and the name of the holder of such certificate, and if the place be an hotel the report shall state whether or not the building and holder of the certificate conforms to all the laws, ordinances, rules and regula- tions of the state or locality including the laws, ordinances, rules and regulations of the building, fire and health departments in relation to hotels and hotel keepers. § 10. Lists of enrollments on registration days. — In any city within the metropolitan elections district, the board of inspectors of each election district shall on each day of registration transfer to cards, to be provided for that purpose by the secretary of state, which cards shall be in form and style approved by the state superintendent of elections, a complete copy of the name of each person registered or enrolled in their respective districts, together with all of the answers made and information given by the per- son registered, at the time of registration, and which said cards, enclosed and sealed in a cover to be provided for that purpose by the secretary of state, shall be delivered forthwith by the chair- man of the board of inspectors together with a statement on a §§ 11, 12 METaOPOLlTAN ELECTIONS DISTRICT LaW. 213 blank form, to be furnished by the secretary of state after ap- proval by the state superintendent of elections, that the cards delivered contain a correct copy of all the names registered and information given by the persons so registered, to the poMce, who shall forthwith deliver the same to the state superintendent of elections. at his ofiflce. § 11. Removal of deputies. — The state superintendent of elec- tions may remove at any time for cause a deputy appointed by him and shall employ in his place a member of the same political party, which appointment shall be made in the same manner as the original appointment. This section shall not apply to the chief deputy superintendent, nor to the deputies authorized in section five of this act. § 12. Salaries and expenses. — The annual salary of the state superintendent of elections shall be five thousand dollars; of his chief deputy, four thousand five hundred dollars; of the clerk, eighteen hundred dollars ; of the secretary, two thousand dollars ; of the stenographer, fifteen hundred dollars; of not more than fifty of the deputies appointed under section five of this act, twelve hundred dollars each ; of not more than fifty of the depu- ties appointed under section five of this act, nine hundred dollars each ; payable monthly. All other deputies shall receive five dol- lars for each day's service, not exceeding forty days for any one election, to be paid on the certificate of the superintendent or chief deputy, providing, however, that the superintendent may continue the services of such deputies not longer than December thirty-first of such year if he shall in his judgment deem it neces- sary so to do in order to prosecute any criminal actions in which said deputies shall be the complaining witnesses or if their ser- vices be, in his judgment, necessary to the proper completion of the work of the department. All salaries and other compensation provided by this section shall be paid by the state treasurer on the warrant of the comptroller. The state superintendent may provide an oflBce for his use and furnish it with needed furniture. 211 Metropolitan Elections District Law. §§13, 14 stationery and supplies, and expend for such purpose and for his disbursements and expenses in discharging his duty and in carry- ing out the provisions of this act, not exceeding fifteen thousand dollars each year, to be paid by the state treasurer on the audit and warrant of the comptroller. § 13. Report to governor; rules. — The state superintendent of elections shall annually in the month of December file with the governor a report showing the names and residences of the per- sons appointed by him as deputies during the year, the number of days each has served, the compensation certified for each, the number of arrests made for violation of the election law or the penal code, the names of the persons arrested, the nature of the offense charged, the disposition thereof, and any other facts in relation to the administration of his ofiSce which the state super- intendent may deem proper or which may be required by the governor. He shall make such rules for the control and conduct of his deputies as he may deem advisable not in conflict with law. § 14. Laws repealed.-^All acts and parts of acts, general, local or special, inconsistent with the provisions of this act, are hereby repealed. Instructions for Guidance of Election Officers at General Elections. The following brief instructions are not intended as a complete guide for election oflScers, but merely to point out where their more important duties may be found in the text of the election law. GENERAL POWERS AND DUTIES. Preliminary Duties. One of the first preliminary duties of an election officer should be to familiarize himself with the boundaries of his election dis- trict, in order that he may be able to decide at once whether an elector, upon giving his place of residence, is entitled to be regis^ tered or entitled to vote in his election district. This knowledge may be obtained by application to the town or city clerk, where maps or certificates of the boundiaries of election districts are required to be filed. See § 9. Organization of Boards of Inspectors. The first duty to be performed by boards of inspectors is the registration of electors, and before entering upon that duty, the inspectors' of each district shall meet and appoint one of their number chairman, or if the majority shall not agree upon such appointment, they shall draw lots for that position. See § 14. Inspectors to Act as a Board. In all proceedings of the inspectors acting as registrars, inspect- ors or canvassers they shall act as a board, and, in case of a ques- tion arising, as to matters which may call for a determination by them, a majority of such board shall decide. See § 103, subd. 1. Supplying Vacancies and Absences. If at the time of any meeting of the inspectors, there should be a vacancy in any of the election oflBces, or any election officers 215 216 .The Er^ECTiON Law. should be absent, the offices should be filled, or absences supplied, from the political party entitled to the vacant place, in the man- ner prescribed by law; and tbe person appointed or designated to act as an election officer should immediately take the constitu- tional and statutory oaths, as prescribed by the election law. See §14. Preservation of Order by Inspectors. The board of election inspectors and each individual member thereof have full authority to preserve peace and good order at all meetings of the board and around the polls of elections, and to keep the access thereto unobstructed, and to enforce obedience to their lawful commands. See § 15. REGISTRATION OF ELECTORS. Meetings. Before every general election in cities, except New York, or vil- lages having .5,000 inhabitants or more, meetings for the enroll- ment of voters are to be held, namely: On the fourth Friday, fourth Saturday, third Friday and third Saturday before election, and in election districts other than in cities or such villages, two meetings are to be held, namely : On the fourth and third Satur- day before the election. In New York city said registration days are the twenty-ninth, twenty-eighth, twenty-fourth and twenty- second day before election. No inspector shall on any day of registration be absent during the hours fixed for enrolling the names of electors. See § 30. Not more than two watchers of each political party or itide- pendent body entitled to file certificates of nominations may be present at such polling place, and within the guard rail, from at least fifteen minutes before the commencement of the said meeting until after the completion of the duties of the board of inspectors for that day of registration. See § 30. Register of Electors. Each inspector is required to make one copy of the register of electors, and he should not make any entry in any register but his own. ^ The copy made by the chairman of the board of inspectors. Insteuctions foe Election Officers. 217 which is known as the " public copy of registration," is to be left in a prominent position in the place of registration, from the first day of registration until election day. Each other inspector must carefully preserve his register and be responsible therefor until the close of the canvass of the votes on election day, except in cities of the first class at the close of the last day of registration the chairman of the board shall take from an inspector of oppo- site political faith, the register made by such inspector and deliver it to the police for filing, as required by the election law, and the two other inspectors of opposite political faith shall each retain their respective registers of electors, for use on election day. See § 35, subd. 2. Entries are to be made in the blank books for registration of electors, which books are to be delivered to the inspectors before the hour set for registering the names of electors on the first day of registration. Such books contain instructions which should be carefully read by each inspector before proceeding with the registration of voters, and in addition thereto, the inspectors are advised to carefully read the provisions of section 32, for more full and complete instructions. Qualifications of Electors. The qualifications of an elector for the purpose of having his name placed on the register, are fully set forth in section 34, and should' be thoroughly understood by the inspectors of election. Challenges. If an P"'ilicnnt for regit-iiiition be challenged, or if any mem- ber of {:;:■ 'MiiP ! uf inwjif":(<.>.s ^;u;ill lie c reason to suspect that such applicant is not entiiled to be enrolled, his name should not be entered on the register of electors unless upon examina- tion under oath, the applicant shall prove to the satisfaction of the inspectors his right to be enrolled. Blank challenge aflSda- vits are provided for each board of inspectors, which are to be filled out by the inspectors in every case of a challenge, or if a member of the board shall have reason to suspect that the appli- cant is not entitled to have his name enrolled on the register, and if the applicant shall by his answers satisfy a majority of 218' The Election Law. the board of inspectors of his right to be registered, they shall enroll his name. If not, they shall point out to him the qualifi- cation which he lacks as an elector, and his name shall not be enrolled upon such register except as provided by section 31 of the election law, relating to the adding and erasing of names on the register. See § 34, subd. 6. Duties at the Close of Registration Days. At the close of each day's registration, each inspector is re- quired to draw a line in ink immediately below the name of the elector last entered upon each page of his register; and upon the succeeding day of registration, he must enter the names of electors immediately under such lines. See § 35, subd. 2. The inspectors must also, at the close of each meeting, sign the certificate contained in the last pages of each registration book, to the effect that such register as it now is, is a true and correct register of the nam6s and residences of all the electors enrolled by them. See § 35, subd. 1. Inspectors of each election district shall at the close of the last day of registration, certify to the officer or board charged with the duty of furnishing ballots, the total number of electors en- rolled in such district and inspectors in districts within the metro- politan elections district, shall at the close of each day furnish the like information to the state superintendent of elections. Inspectors of each district in cities are required to furnish to the police at the close of each day of registration the total num- ber of electors enrolled on such day in their respective districts. See § 35, subd. 3. At the close of the last day of registration, the inspectors shall file the book of stubs and unused challenge affidavits with the officer from whom it was received. See § 34, subd. 6. Boards of inspectors of election districts in cities of the first and second class are required immediately after the close of the last day of registration to make and complete one list of all per- sons enrolled in their respective districts in numerical order of the streets and numbers thereof, which list shall be signed and certified by the board of inspectors, and delivered by the Instructions for Election Officers. 219 chairman of the board to the police captain of the precinct in which the election district is located, or to an offlcer thereof. See § 32, subd. 3. At the close of the last dlay of registration in cities of the first class one of the registers should be filed as provided for in section 35, subdivision 2. In cities within the metropolitan elections district the board of inspectors of each election district, are required immediately at the close of the polls of each day of registration, to make and complete one list of all persons enrolled in their respective dis- tricts, in the numerical order of streets and numbers thereof, in the blank books which will be furnished each such board of inspectors, which list must be delivered forthwith by the chair- man of the board to the police for delivery to the state super- intendent of elections at his ofiice. See § 10 of chap. 676, Laws of 1898, as amended by chap. 499, Laws of 1899. DUTIES ON ELECTION DAY. Opening of the Polls. Election officers are required to meet at the polling places of their respective districts not later than 5 :30 a. m., and proceed to arrange the polling places for the orderly and legal conduct of the election. See § 100. For manner of arrangement of polling places see section 17. Sealed packages containing official and sample ballots, instruc- tion cards and stationery, are required to be distributed to each election district at least one-half hour before the opening of the polls of such election therein. The inspectors upon receiving such packages, shall give to the officer or board delivering the same a receipt therefor. See § 87. If the official ballots required to be furnished shall not be de- livered at the time required, the board shall cause unofficial bal- lots to be prepared as nearly in the form of the official ballots as practicable. See § 89. The following duties shall be performed hj the inspectors t)eforQ ppening the polls ; 220 The Election Law. 1. Open the sealed package of instruction cards, and cause them to be posted in the manner provided for by law. 2. Open the sealed package of oflScial ballots and sample- ballots and place them in charge of the ballot clerks. 3. Place the poll books in charge of the poll clerks. 4. Cause to be placed at a distance of one hundred feet from the polling place, the distance markers. 5. See that the voting booths are supplied with pencils having black lead only. 6. Unlock the ballot boxes, see that they are empty, allow the watchers present to examine them, and lock them up again while empty in such manner that the watchers present and the persons just outside the guard) rail can see that such boxes are empty when they are relocked. 7. The election oflScers should be stationed as near each other as practicable within the inclosed space. See § 100. 8. Designate an inspector to receive ballots from the electors voting, and if a majority shall not agree to such designation, such position shall be filled by drawing lots. See § 103. 9. If at the opening of the polls there should be a vacancy in any of the election offices, or any election officer should be absent, such vacancies and absences should be filled at once.. See §14. Proclamation of Opening of Polls. The polls of every general election shall be open at six o'clock in the forenoon. See § 3. One of the inspectors shall then make proclamation that the polls of election are open and of the time o'clock in the afternoon when the polls will be closed. See § 100. The following form may be used or any other that will meet the requirements of law : " Hear ye ! hear ye ! hear ye ! The polls of this election are opened, and all persons attending the same are strictly charged and commanded, by the authority and in the name of the people of this state, to keep the peace thereof during their attendance at this election on pain of imprisonment- And all persons are Instructions for Election Officers. 221 desired to take notice that the polls will be closed ait five o'clock in the afternoon." Watchers and Challengers. Duly authorized watchers, two of each political party or indei endent bod\ , upon the production of their cre- dentials, should be admitted within the guard rail at least fifteen minutes before the unlocking and examination of any ballot box at the opening of (be polls, and may be present until after the announcement of tLe result of the canvass of the votes cast thereat, and the signing of the original statement of the canvass, and copies thereof, by the inspectors. See § 102. A reasonable number of challiengers shall be permitted to re- main just outside the guard rail of each polling place, where they can plainly see what is done within such rail outside the voting booths, from the opening to the close of the polls thereat. See § 102. Delivery of Ballots to Electors. Do not allow within the guard rail more than twice as many electors as there are voting booths thereat, in addition to the persons lawfully within such guard rail for other purposes than voting. See § 104. Persons lawfully authorized to be admitted within guard rail are enumerated in § 101. When an elector enters within the guard rail, after giving his name and residence, and age, if required by the inspectors, one of the inspectors shall thereupon announce the name and resi- dence of the elector in a loud and distinct voice, and if such elec- tor is entitled to vote thereat, and if there is no challenge, or if challenged and the challenge be decided in his favor, one of the ballot clerks shall deliver to him a set of oificifil ballots folded in the proper rannnr' f-^r vo+ing. ^r^e § 104, snbdivision 1. If it be an election for, which electors are required to be regis- tered, the other inspectors shall, before any ballots are delivered by the ballot clerk^,, ascertain whether he is duly registered, and the ballot clerks shall not deliver any ballots to such elector, until 222 The Election Law. the inspectors announce that he is registered. See § 103, sub- division 1. The ballot clerk shall deliver the ballots in such order that the numerical order of the numbers printed on the stubs of the ballots delivered, shall be the same as the order of the succes- sive deliveries thereof. The ballot numbered one on the stub being the first thereof, and so on. See § 103, subdivision 2. If, in addition there shall be any ballots of questions submitted, such ballots shall be delivered to the elector in such order that the number on the stubs of both ballots so delivered shall be the same. See § 103, subdivision 2. In case one of a set of ballots bearing the same number shall be found defective in printing, or mutilated, before the same is given to the elector, both ballots of that number shall have the stubs removed therefrom by the ballot clerks, and such ballots shall be deposited in the box for spoiled and mutilated ballots, and the stubs in the box for detached stubs ; and a memorandum shall be made of the fact that such set was not delivered to the electors. See § 103, subdivision 2. The ballot clerks shall upon the delivery of official ballots to the electors announce the elector's name and the printed number on the stub of each ballot so delivered. See § 103, subdivision 2. Upon the return of a ballot or set of ballots unvoted, they shall announce the name of the elector returning them, and the printed number on the stubs of the ballots so returned, and shall at once remove the stubs from such returned ballots, and deposit the same in the box for detached stubs, and such ballots in a box for spoilt and mutilated ballots; and shall then make a memo- randum of the number of such ballots and the fact that they were returned spoiled by the electors. See § 103, subdivision 2. If an elector deface or tear a ballot, or wrongly mark the same, he may successively obtain others, one set at a time, not exceed- ing in all three sets, upon returning each set of ballots so de- faced or wrongly marked to the ballot clerks. See § 105. Upon each delivery of the official ballot, or set of official bal- lots, by the bal}9t clerks to an elector, eagh poll clerk mijst make Instructions for Election Officers. 223 the proper entries in tlie proper column of the poll book. See § 103, subdivision 3. No ballot shall be delivered to an elector, except such as the voter is legally entitled to vote, and also a sample ballot when the same is asked for. See § 104, subdivision 1. Assistance for Certain Electors. In cases of physical disability or illiteracy of an elector, which must be declared by the elector under oath, two of the election oflBcers, both of whom shall not be of the same political faith, may enter the booth with such elector and assist him in prepar- ing his ballots. Such election oflBcers are forbidden to influence such elector, or reveal to any person the name of any candidate voted for by such elector. See § 104, subdivision 2. Receiving of Ballots. When the ballot of a qualified elector is presented to the in- spector in charge of the ballot box, such inspector shall announce the name of the elector and printed number on the stub in a loud and distinct voice, and if the elector be entitled to vote and be not challenged, or if challenged and the challenge be decided in his favor, and if his ballots are properly folded and have no mark or tear visible on the outside thereof, except the printed number on the stub and the printed indorsement on the back, and if such printed num- ber is the same as that entered on the poll books as the number on the stub or stubs of the official ballot or set of ballots last delivered to him by the ballot clerks, such inspector shall receive such ballot or ballots, after removing the stub or stubs there- from in plain view of the elector, and without removing any other part of the ballot, or in any way exposing the face thereof below the stub, shall deposit each ballot in the proper ballot box for the reception of voted ballots, and the stub in the box for detached ballot stubs. See § 106. ' As each elector votes the inspectors shall check his name upon Buch register, and shall enter therein in the column provided 224 The Election Law. therefor, opposite the name of such elector, the consecutive num- ber upon the stub of the ballot or set of ballots voted by him. See § 103, subdivision 1. As each elector oifers his ballot, or set of ballots which he in- tends to vote, to the inspectors, each poll clerk shall report to the inspector whether the number entered on the poll books kept by him, as the number of the ballot or set of ballots last de- livered to such elector is the same as the number on the stub or ballots so ofifei-ed, and as each elector votes each poll clerk shall enter in the proper column on his poll book the number on the stub of the ballots so voted. See § 103, subdivision 8. Challenges. A person may be challenged, either when he applies for an official ballot, or when he offers the ballot that he intends to vote, or previously by notice to that effect to an inspector by any elector. It shall be the duty of each inspector to challenge every person offering to vote, whom he shall know or suspect not to be duly qualified as an elector. See § 108, subdivision 1. In such cases the following preliminary oath shall be tendered to him: "You do swear (or affirm) that you will fully and truly answer all such questions as shall be put to you touching your place of residence and qualiflcatiocs ns an elector." See § 108, subdivision 1. The inspectors or one of them shall then ask the following questions under the preliminarv oath: 1. What is your uame? 2. What is your ae;."? 3. Where do you iosid( ' -^ . ;,< -,;cciscly as you are able the particular locality of youi j Jaco of residence. 4. How long have you resided in this election district? 5. What was your last place of residence before you came into this election district? 6. How long have you resided in this county? 7. How long have you resided in this state? 8. Are you a native or naturalized citizen? InstuuctIons for Election Oi'-ficeRS. 225 If a naturalized citizen — 9. When were you naturalized? 10. Where and in what court, or before what ofScer? 11. How long have you resided in the United States?' 12. Did you come into this election district for the ptirp6«e of voting at the next ensuing election ? 13. How long do you contemplate residing in this electiofi district? 14. Hare you made any bet or wager, or are you directly of indirectly interested in any bet or wager depending on the resuH of the next ensuing election? 15. Have you received, or offered to receive, or do you expect to receive, any money or other valuable thing as compensation or reward for giving your vote at the next ensuing election? 16. Have you paid, offered or promised to pay, contributed, offered or promised to contribute, to another, to be paid or used, any money or other valuable thing, or made any promise, to influence the giving or withholding of any vote at the next ensu- ing election ? 17. Have you been convicted of felony? 18. If so convicted, have you been pardoned and restored! to all the rights of citizenship? In addition, such other questions may be asked which may tend to test the qualifications of the persons offering to vote as a resident of the election district, citizenship and right to vote at such polling place. See § 108, subd. 1. Upon the refusal of any person to take the preliminary oath, and to answer fully the questions which may be put to him, his vote shall be rejected. See § 108. After receiving the answers of the person challenged, the inspectors shall point out to him the qualifications, if any, in respect to which he shall appear to them to be deficient. See § 108.' And if the person persists in his claim to vote, and the chal- lenge be not withdrawn, the following oath shall be administered 15 226 The Election Law. to him: "You do swear (or affirm) that you are twenty-one years of age, that you have been a citizen of the United States for ninety days, and an inhabitant of this state for one year next preceding this election, and for the last four months a resident of this county, and for the last thirty days a resident of this election district, and that you have not voted at this election?" See § 108,.subd. 2. If the person so offering to vote shall be challenged for causes stated in section two of article two of the Constitution of this state, the following additional oath shall be administered by one of the inspectors: "You do swear (or affirm) that you have not received or offered, do not expect to receive, have not paid, offered or promised to pay, contributed, offered or promised to contribute to another, to be paid or used, any money or other valuable thing as a compensation or reward for the giving^ or withholding a vote at this election, and have not made any prom- ise to influence the giving or withholding of any such vote; and that you have not made, or become directly or indirectly inter- ested in any bet or wager depending upon the result of this elec- tion." See § 108, subd. 2. If the person so offering to vote shall be challenged on the ground of having been 'convicted of bribery or any infamous crime, the following additional oath shall be administered to him by one of the inspectors: "You do swear (or affirm) that you have not been convicted of bribery or any infamous crime, or if so convicted, that you have been pardoned and restored to all the rights of a citizen." See § 108, subd. 2. If any person shall refuse to take either oath so tendered, his vote shall be rejected, but if he should take the oath or oaths tendered him, his vote shall be accepted. Section 108, subd. 2. A record of the persons challenged is required to be kept, con- taining the name of every person who is challenged, or who takes either the preliminary or general oath, specifying in each case the particular oath taken, and at the close of election, the inspect- ors shall certify that the record contains the names of all persons challenged at such election in such district. See § 108, subd. 3. Instructions for Election Officers. 227 Closing the Polls and Counting the Vote, TBe polls shall be closed at five o'clock in the afternoon. The closing of the polls shall be deemed to mean the close of the delivery of ofScial ballots to the electors, and the electors entitled to vote who have lawfully begun the act of voting before the time fixed for the close of the polls, shall be allowed to complete the act. See § 3. Immediately upon the closing of the polls, the inspectors of election shall publicly canvass and ascertain the votes, and not adjourn or postpone the canvass until it shall be fully completed, as follows. See § 110. The ballots are to be canvassed in the following manner : 1. The box containing the general ballots is to be opened and ballots therein canvassed. 2. The box containing the ballots cast upon any constitutional amendment or other proposition or question is to be opened and ballots therein canvassed. 3. The board of inspectors shall compare the two poll books with the registers used on election day as to the number of elect- ors voting at the election, and correct any mistakes therein. 4. Count the ballots found in the ballot boxes without unfold- ing them, except so far as to ascertain that each ballot is single. 5. Compare the number of ballots found in each box with the number shown on the poll books and the ballot clerks' statement to have been deposited therein. 6. If more ballots are found in any box than the number of ballots shown to have been deposited therein, such ballots shall all be replaced without being unfolded, in the box from which they were taken and shall be thoroughly mingled therein, and one of the inspectors designated by the board, shall, without seeing the same, with his back to the box, publicly draw out as many ballots as shall be equal to such excess and without unfold- ing them, forthwith destroy them. 7. If two or more ballots shall be found in the ballot box so folded together as to present the appearance of a single ballot, 228 The Election Law. they shall be destroyed if the whole number of ballots in the box exceeds the whole number of ballots shown by the poll books and ballot clerks' statement to have been deposited therein, and not otherwise. 8. If there lawfully be more than one ballot box for the recep- tion of ballots voted, no ballot properly endorsed, found in the wrong ballot box shall be rejected, but shall be placed in its proper box by the insipectors before canvassing and counted in the same manner as if found in the proper ballot box, if such ballot shall not together with the ballots found in the proper ballot box, make a total of more ballots than are shown by the poll books and ballot clerks' statement to have been deposited in the proper box. 9. No ballot that has not the oflScial indorsement, shall be counted except such as are voted in accordance with the pro- visions of the election law, relating to unofficial ballots. 10. The chairman only of the board of inspectors shall unfold the ballot taken from the ballot box. Rules for Counting, Rules governing the counting of votes are contained in sub- division 2 of section 110, under the head " Intent of electors," and should be consulted by election officers upon any question arising during the canvass. Method of Counting. The method of counting shall be' as follows : i, The straight ballots are to be separated from the split bal- lots and counted, and the number of straight party yptp^ fov each candidate counted. 2. The poll clerks shall enter the number of straight party votes for each candidate on each tally sheet by the poll clerk keeping the same. 3. The split ballots will then be taken up separately by the chairman of the board, who shall announce the vote for each candidate on each such ballot i» thg or^er of the offipes printed Instructions for Election Officers. 229 thereon, and each poll clerk shall make an accurate tally of the same. 4. As the votes on each split ballot are counted, such ballots shall be passed to the other inspectors for verification. 5. After the poll clerks have added together all the votes for each candidate, and the ballots wholly blank and void, together with the ballots on which no votes were counted, for any candi- date for such ofiQce, and shall have entered the sum thereof in the proper column of the tally sheet, as soon as the count is completed for each office, they shall submit the results to the inspectors. 6. If the result is found to be correct the chairman shall at once announce the same. 7. When a ballot is not void and is objected to as marked for identification the inspectors shall write on such ballot the words " objected to because marked for identification," and shall specify over their signatures upon the back thereof the mark or marking upon such ballot to which objection is made. The vote shall be counted by them as if not so objected to. 8. Inspectors must exhibit if requested any and' all ballots to watcher, fully opened, and in such condition that he may fully and carefully read arid examine the same, but such inspector shall not allow any such ballot to be taken from his hand. 9. In cities of first class the chairman of the board shall forth- with upon completion of the count of votes and announcement thereof, deliver to the police officer on duty at the polling place a statement subscribed by the board stating the number of votes received by each candidate for office. See § 110, subd. 3. Statement of Canvass and Certified Copies. Upon the completion of the canvass the board of inspectors shall make out an original statement of canvass and two certir fled copies thereof, and sign and certify them as required by law, Each ballot declared void by the inspector shall be endorsed upon the back thereof^ with the specific reason for its rejection, 3P(} sijch yoid ballots, together with the Ijallots ^hich were prp- 230 The Election Law. tested as being marked for identiflcationj shall be secured in separate sealed package which shall be indorsed on the outside thereof, with the names of the inspectors and designation of the election district, and the number and kind of ballots contained therein. Unofficial ballots which are voted shall be returned in a pack- age with the void and protested ballots. See § 111. The ballots voted, except the void and protested ballots, should be replaced in the box from which they were taken, together with a statement as to the number of such ballots so replaced, and each such box shall be securely locked and sealed, and imme- diately deposited with the officer or board furnishing such boxes. See § 111. Proclamation of Result. Upon the completion of the canvass of the original statement and' certified copies, and the result thereof, the chairman of the board shall make public oral proclamation of the result of the can- vass. See § 112. Such proclamation of result should be made in the form following: " Hear ye ! hear ye ! hear ye ! The whole number of votes given for the office of (governor) found in the box just canvassed was (1090) ; of which number there were given for said office, for Boswell P. Flower (595), for Jacob Sloat Fassett (362), for Joseph W. Bruce (153)," (naming each person voted for, for the office of governor, and the number of votes given for him for that office). " The whole number of votes given for the office of lieutenant- governor, found in the same box, was ; of which there were given for that office, for William F. Sheehan, , for John W. Vrooman, " Proceed on with the votes given for the different candidates. The original statement of canvass and the certified copies thereof will then be securely and separately sealed with sealing wax in an envelope properly endorsed on the outside thereof by the inspectors. See ^ 112, Instructions for Election Officers. 231 Delivery and Filing of Papers, etc. At evety general election, the chairman of the board shall forthwith upon the completion of the canvass, deliver one certi- fied copy thereof as follows: One copy shall be delivered' to the supervisor of the town or city in which the election district is situated', and if there be no supervisor, or he be absent or unable to attend the meeting of the county board of canvassers, such copy shall be forthwith delivered to the assessors of such town or city. See § 113, subd. 1. One certified copy of such original statement of the result of the canvass, together with the poll books of the election and one of the tally sheets shall be forthwith filed by the inspectors, or by one of them deputed for that purpose, with the town or city clerk as the case may be. See § 113, subd. 1. The original certified statement of the result of the canvass, with the original ballot return, prepared by the ballot clerk, attached, the sealed package of void and protested ballots, the record as to challenged and assisted voters, with the sealed pack- ages of the detached stubs and unvoted ballots, and one of the tally sheets shall within twenty-four hours after the completion of the canvass, be filed by the chairman of the board of inspectors, with the county clerk of the county in which the election dis- trict is situated. See § 113, subd. 1. The registers of electors and public copy thereof shall be filed in cities of the first class, at the close of the canvass of votes, or within twenty-four hours thereafter shall be filed respectively with the board of elections in the borough of Manhattan, and with the chief clerk of the branch office of the board of elections in each other borough of the city of New York in which the elec- tion district is located, and with the city clerk of Bufl'alo. See § 35, subd. 2. In all other election districts of the state, one copy of the register shall within twenty-four hours after the close of election, be filed in the oflSce of the town or city clerk in which such elec- 232 The Election Law. tion district is, and the other copies with the county clerk. See § 35, subd. 2. In the city of New York, the original statement of canvass, the sealed packages of void and protested ballots and other elec- tion papers and packages, shall be filed as provided in subdi- vision 2, of section 113, of the election law. In election districts within the metropolitan elections district, the certified copy or original statement, tally sheet and poll book required to be filed with the town or city clerk, under subdi- vision 1 of section 113; and the certified copy of the original statement of canvass required to be filed with the city clerk of the city of New York, the poll book and tally sheet required to be filed by the superintendent of elections of such city and with the chief of the branch bureaus of election, under subdi- vision 2 of said section, shall be forthwith filed by such oflScers in the office of the state superintendent of elections for the metropolitan elections district. See § 113, subd. 3. HOW TO VOTE. Enter within the guard rail through the entrance provided, and forthwith proceed to the inspectors and give your name and residence to the inspectors. If entitled to vote, and your vote is not challenged, or if challenged, and the challenge be decided in your favor, one of the ballot clerks will deliver to you one oflBcial ballot, or set of official ballots, folded in the proper man- ner. See § 104, subd. 1. You will then retire alone to one of the voting booths for the purpose of preparing your ballots. The following rules are to be observed in marking your ballots (see § 105) : Rule 1. If the elector desires to vote a straight ticket, that is, for each and every candidate of one party for whatever oflQce nominated, he should make a cross X mark in the circle above the name of the party at the head of the ticket. Rule 2. If the elector desires to vote a split ticket, that is, for. candidates of different parties, he should not make a cross X mark in the circle above the name of any party, but should make Instructions for Election Officers. 233 a cross X mark in the voting space before the name of each can- didate for whom he desires to vote on whatever ticket he may be. Rule 3. If the ticket marked in the circle for a straight ticket, does not contain the names of candidates for all offices for which the elector may vote, he may vote for candidates for such offices so omitted by making a cross X mark before the names of candi- dates for such offices on other tickets, or by writing the names, if they are not printed upon the ballot, in the blank column under the title of the ofBce. Eule 4. If the elector desires to vote for any person whose name does not appear upon the ballot, he can so vote by writing the name with a pencil having black lead in the proper place in the blank column. Eule 5. The elector can vote for any office by omitting to make a cross X mark in any circle, and making a cross X mark in the voting space before the name of every candidate he desires to vote for, except for the office for which he desires to cast a blank vote. Rule 6. In the case of a question submitted, the elector shall make a cross X mark in the blank square space Dn tbe right of and after the answer " Yes " or " No " which he desires to give on each such question submitted. Rule 7. One straight line crossing another straight line at any angle within a circle, or within the voting spaces, shall be deemed a valid voting mark. If you spoil a ballot, return it to the ballot "clerk, and he will give you another, not exceeding in all three sets, upon returning each set of ballots defaced or wrongly marked'. See § 105. You are not allowed to occupy a voting booth occupied by another, nor to occupy a booth more than five minutes in case all the booths are in use and electors waiting to occupy the same. See § 105. Before leaving the voting booth, fold your ballot in the proper manner for voting, which is first by bringing the bottom of the ballot up to the perforated line, and second, by folding both sides to the center or towards the ceBter in such manner that wheo 234 The Election Law. folded the face of each ballot shall be concealed, and the printed number on the stub and the endorsement on the back of the ballot shall be visible, so the stub can be removed without remov- ing any other part of the ballot, and without exposing any of the face of the ballot below the stub, and so that when folded, the ballot shall not be more than four inches wide. See § 104, subd. 1. The ballots handed to you by the ballot clerks will be properly folded and can be refolded by you in the same manner. Such manner of folding should be carefully observed before unfolding your ballot for the preparation of your vote. See § 104. After preparing your ballots proceed at once to the inspector in charge of the ballot box, deliver your ballots to him and after seeing them deposited, leave the enclosed space. See § 106. A voter who declares on oath at the time of registration or if subsequently disabled, on the day of election, that for lawful reasons he is unable to mark his ballot without assistance, may receive the assistance of two of the election ofiflcers in marking the same. See § 104, subd. 2. All ballots must be marked with a lead' pencil having black lead only. See § 105. An elector is not allowed to re-enter the enclosed space after having voted!. See § 106. An elector who does not vote a ballot delivered to him must return the same to the election oflflcer before leaving the polling place. See § 106. INDEX. Adjournment: page. until polls are closed 2 of canvass of votes prohibited 113 Albany: mayor and recorder, when to act with state canvassers 136 Aldermen: • to post list of candidates 72 Almshouse: residence of inmates 44 Application: of primary election law 154 to parties polling less than three per cent, of vote 193 to cities of the third class 193 to villages 194 Appointment: of election oflSeers. Sec "Ballot Clerks;" "Election Officers;" "Inspectors of Election;" "Poll Clerks." of watchers. See " Watchers." Army: absence in, not to preclude right to vote 44 Asylums: residence of inmates 44 Ballot boxes: by whom provided 10 delivery of, to inspectors before opening of polls 10 for general ballots 28 for spoiled and mutilated ballots 28 for detached ballot stubs 28 for questions submitted 28 for town propositions 23 for town ballots 28 how constructed 28 inspectors to inspect 98 not to be opened until closing of polls 98 23S 236 Index. Ballot boxes — Continued: for primary election, custodian to supply • ■ l'"' inspectors to examine, lock and seal l''-" delivery of, to custodian '^"'■ to be opened and examined ^^^ to be kept within guard rail 181 fiallot clerks: See "Ballots;" "Election Officehs." number of 12 term of office, qualifications 12 appointment in cities 20 in towns - • • "6 vacancies and absences, how supplied 27 compensation • 32 in New York city 32 sample of ballot return to be prepared by 68 to meet one-half hour before opening polls 93 where stationed within inclosed space 99 delivery of official ballots to electors 101 where elector spoils ballot 101 defective or mutilated ballots, duties as to 101 not elected or appointed, where voting machines are used 140 Ballot return: form of, to be prepared by ballot clerks 88 Ballots: unused, in New York city, sale of 20 expense of, paid by county 31 apportioned between town, city or village and county 30 death of candidate after printing 76 official pasters to be supplied 76, 77 official, to be furnished at public expense 77 form of 78 how printed 78, 81, 82 instructions to voters to be printed on stub 81 indorsement on back 81 to be uniform 82 for questions submitted, form of 82, 83 instructions to voters 83 indorsement on back 83 town propositions, form of 83 sample, number and form of 84 one to be furnished to each elector upon application 84 when and by whom furnished 93, 94 to be delivered to elector applying therefor 95 by whom furnished 93 Index. 237 ( Ballots — Continued: faqb. number to be furnished 93 when provided 95 for town meetings held on election day 94 to be separate when held in even-numbered year 94 distribution by county clerk to town and city clerks 95 in city of New York by board of elections , 95 to be inclosed in sealed packages indorsed with number of district, 96 town and city clerks to deliver to inspectors 96 errors and omissions, correction of 96 upon order of supreme court 97 patent, correction by proper officers 97 delivery of, to electors 101 when spoiled, new set to be furnished 102 defective or mutilated, memorandum to be kept 102 spoiled and mutilated, to be deposited in box 102 destruction of 102 unused, to be delivered by ballot clerk to chairman of inspectors 102 destroyed or stolen, unofScial may be used 97 folded by ballot clerk 104 preparation by elector 106 how marked 107 new sets, when destroyed or spoiled 107 vote straight ticket ■. 107 split ticket 107 cross X mark before name of candidate 107 writing in name 107 blank vote 108 question submitted 108 valid voting mark 108 manner of voting 108, 109 to be delivered properly folded 108 inspector to' receive and deposit 108 not to be unfolded without voting booth 108, 109 unofficial, when may be voted 109 method of counting 117, 118 See " Canvass op Votes." voted, to be replaced in box 119 box to be locked and sealed 120 preservation 12Q objected to because marked for identification 117 marking, tearing or defacing, penalty 118 void, if improperly marked, defaced or torn 116 statement as to 119 to be indorsed by inspectors 119 to be secured in separate package 119 238 Index. hallots— Continued : ^^°^- void, sealed package to be filed with county clerk 121 in New York city 121 in Erie county 123 rejected, mandamus to compel count 123 in New York city, county and canvassers to include statement. . . . 130 preservation after canvass by county board 131 marked for identification, statement as to 119 objected to because 117 writ of mandamus to exclude 123 preservation of detached stubs 121 unused ballots 122 judicial investigation 123 voting machines, form 141 sample 142 voting machines, number 142 distribution 142 unoflScial 142 independent 143 disposition of 145, 146 official, defined 147 at primary elections, how prepared 178 how voted 179 deposited in ballot box 180 marked for identification 180, 183 to be kept within guard rail 181 canvass of, how conducted 182 excess, withdrawing 182 folded together 182 Blank foims: . to be furnished election officers 88 Board of county canvassers: See " Canvassers, County Board op." Board of elections: in New York city, duties of, as to election districts. . > , 7 designation of polling and election places 10 publication of registration and polling places 11 establishment ... 13 commissioners, appointment of 13 term of office 14 to be appointed from persons recommended by chairmen of county committees v 14 15 certificate of recommendation I5 to be filed with mayor 16 powers of bureau of elections transferred to ■ \J Index. 239 Hoard of elections— Continued : page. in New York city, books, aocumenta and records transferred to 17 officers and employees of bureau continued in office 17 general powers and duties 18 expenses a charge upon city ig sale or destruction of registers and unused ballots 20 expenses incurred, how paid 31 list of enrolled voters, publication and distribution 40, 41 as board of canvassers, duties 134-136 Board of inspectors: See " Inspectors of Election." Board of registry: See " Eegistbation." Board of state canvassers: See " Canvassers, State Boabd op." Bribery: electors, person guilty not to' vote 52 Bureau of elections: See '■ Board of Elections." in city of New York, transferred to board of elections 17 books, documents and papers transferred 17 clerks and employees continued in office 17 Candidates: See " Nominations" nomination at primary elections 192 Canvass of votes: See ' Ballots;'' "Electors." at primaries or caucuses 61 form of statement to be made by inspectors .89-91 adjournment not allowed 113 room to be lighted and open 113 to be public 113 poll books and registers to be compared 113 ballots, number to be compared with poll book 113 excess, to be withdrawn 114 jtwo or more folded together 114 found in wrong box 114 without indorsement, not counted 114 phairman of board to unfold 114 not counted if improperly marked or mutilated 117 straight and split, how counted. 117 objected to because marked for identification 118 to be exhibited to watchers 118 marking, tearing or defacing, penalty. .......,,,,... 1J8 240 Index. Canvass of votes — Continued: page. intent of elector, how ascertained '■" mark in circle above one column only 114 and also' in voting space 115 mark in space before name of candidates for same office 115 mark in more than one circle 116 marks for more names than candidates to be elected 116 marks in voting space for questions submitted 116 method of counting 117. 118 straight ballots first separated and counted 117 split ballots to be taken separately 117 entry on tally sheets '..... 118 statement of result, contents 118 as to ballots marked for identification 119 as to void ballots 119 certificate as to correctness 119 certified copies 120 time and place for signing 113 violation a felony 113 delivery of original and copies 121 in New York city 121 delivery to county board 125 missing, to -be procured 126 correction of errors, by county board 126 in cities of the first class, statement of result conveyed to station- house or police precinct 118 contents to be transmitted to police department 118 recount, writ of mandamus 123 tabulated statement to be transmitted to secretary of state 133 where voting machine is used 145 at primary elections, inspectors to make 182 count of votes 182 void and marked ballots 183 proclamation of result 184 statement of result 184 transcrint of statement delivered to' committee , 184 certificate of election , 185 statements to be canvassed by custodian of primary records ...,., 18§ Canvassers, county board of: board of supervisors , ,..:■: 124 jvithin city of New York , v ,...,.., 124 pieotings , . . , , 125 prganization , . . , ,..,.....,,,.,. 125 compelled by supreme court , 125 majority » (juorum. . ..,,.,..,,,,.,,,.,..,,,.,,.,.,..,... ,,, , , 185 Index. 241 Canvassers, county board of — Continued: ■ page. county clerk to' be secretary 125 Erie coimty, commissioner of elections as secretary 125 statements of eaavasS, delivery to 125 copies to be delivered 125 adjournment if not delivered 126 missing, to be procured 126 correction of clerical errors 126 statements, corrected by supreme court 127 writ of mandamus 127 correction of, by state board 127 writ of mandamus 128 number and contents 129, 130 in New York city, separate for city officers 130 certification 130 tabulated, transmission to secretary of state 133 statements as to votes cast 133 transmission to secretary of state, comptroller and governor 133 special messenger to secure 133 in New York city, delivery to board of elections 133, 134 canvass, by state board 136 determination as to persons elected 131 member of assembly 132 school commissioner 132 as to questions submitted 132 to' be in writing 132 certificates of election 132 Canvassers, state board of: members, quorum 136 meetings 136 canvass of votes 136 certificates of election , 137 statranents, correction by supreme court , , , , , 127 writ of mandamus 127 correction of statements of county board 127 mandamus to compel • 128 Cards of instruction: See " INSTEUCTION Caeds." Caucus: See "Pbimakies;" " Primaby Elections." Certificates of election: to county office, transmission to persons elected 132 to be filed with county clerk ,,,,,,,,.,,...,......,.... . . . ^3§ 16 242 Index. Certificates of election — Continued: page. to office in New York city 135 of delegates, and of persons nominated for office 186 Certificates of nominations: See " Nominations." Challengers: to be permitted to remain outside of guard rail 100 Challenges: upon registration 45-57 affidavits in book form furnished by secretary of state 45 delivery to election officers 45 form and contents 45-48 oath administered to applicant 48 enrollment of applicant 49 not to be enrolled if disqualified 49 false statement perjury 50 police captain, delivery of affidavits to 50 investigation of truth of affidavits 50 sheriff, delivery of affidavits to 50 investigation of truth of affidavits 50 metropolitan elections district, duplicate book of affidavits 50, 51 record of, upon register 51 report by inspectors of persons challenged 92 entry upon poll book 103 at election, time of making 109 when right to vote was challenged at time of registration 110 in metropolitan elections district 110 questions to be answered 110 oath 110 general oath Ill, 112 record to be kept 112 qualifications, board to point out 112 at primary elections 180 form of oath 180 number of challengers 181 City clerk: ballots, delivery to 95 distribution of, on election day 96 preparation of, for city elections 96 unofficial, preparation by 97 City election: held on election day, expense oi ballots, poll books, etc 30 not held on election day, expense of ballots, etc 30 distribution pf ballots .....,., ,,...,,. 96 Index. 243 Commissioners of elections: fade. See " BOABD OF Elections." in city of New York, appointment, etc - 13-20 in Erie county ; duties as to election notices 4 as to election districts 6-8 maps to be filed with 9 places of registry and election, designation 10 distribution of election laws 33 delivery of registry lists to 40 filing registry lists with 55 blanlcs, books, etc., for registry delivered to 56, 57 certificates of nomination filed with 68, 69 time of filing 69, 70 nominations certified to 70 publication 70, v i filling vacancies, etc 74-76 papers relative to elections filed with 121 eertiiled copy of statement of canvass, etc., filea by chair- man, of board of inspectors 123 secretary of county board of canvassers . 125 duties as to canvass 130-134 See " County Clebk." Committee: as used in primary election law, defined 154 general committee, term defined. . .' 155 each county to have 186 members, election of 187 rules and regulations to prescribe time when members take office . . 187 how and when adopted 187 names and addresses of chairman and secretary to be filed 188 review of action by courts 191 rule as to nominations 192 Common council: duties of, in respect to election districts 6 Compensation: See "Election Officers;" "Ballot Clerks ;" "Inspectors of Election ; '' " Poll Clerks." Cpncurrent resolutions: publication of, duties of secretary of state 5 Congress, representative in: special election to fill vacancy 3 election 148 resignation '. 148 244 Index. Constitutional amendments: Paog. when submitted to people 4 copy to be included in election notice 4 notice when submitted at special election 4 publication of, secretary of state to designate newspapers 5 ballot box for 29 statement of canvass of votes, by county board 129 Convention: See " Nominations." definition 59 primary election law controls 154 term defined 155 roll of delegates, custodian to prepare 185 primary election law, certificate of election entitles delegate to seat in 186 delegates, how apportioned 188 room where held, seating capacity 189 how called to order 189 election of temporary chairman 189 election of permanent ofiicers 190 contested seats 190, 191 review of action by courts 191 Convict: challenged, oath to 112 County board of canvassers: See " Canvassers, County Boabd op." County clerk: See " Custodian of Primary Records." publication of notice of elections 4 duty as to ballots, poll books, etc 30 compensation for duties under election law 31 distribution of election laws 33 delivery of blank books for registration, certificates, etc., to in- spectors 56 distribution of ballots to town and city clerks 95 secretary of board of canvassers 125 delivery of statements of canvass 125 statements of canvass by county board recorded in office 131 certificates of election to be filed with 132 statements as to votes cast, transmission 133 names of officers elected, transmission to secretary of state 133 County judge: meeting for registration, order for 35 application for adding or erasing names 38 Index. 245 County officers: page. certificate of election 132 record, of, secretary of state to keep 137 Custodian of primary records: See " Pbimabt Elej; tions." under primary election law, term defined 155 enrollment books, preparation 155, 156 arrangement 156 delivery to inspectors 157 voting booths, erection 157 ballot boxes, how supplied 157 custody 161 delivery of to custodian 161, 162 to be opened by 162 enrollment blanks and envelopes 157 how printed 157 form 157 under primary election law, names on blanks to be transcribed into books 162 duplicate sets of enrollment books for each party 166 statement of conventions, committees, delegates, etc., to be de- livered to 175 notice of primary election 176 to canvass statement of result of primary election 185 to make up rolls of delegatess etc 185 transcripts of statements 185 transcripts of enrollment books, to certify correctness 168 certificates of enrollment to voters 168 publication of transcripts in cities of over 1,000,000 169 to divide wards or assembly district into primary districts 175 Death of candidate: after ballots are printed, official pasters 76 Declination: of nomination for office by candidate 73, 74 where and when filed 73 notification of committee 73 Definitions: in primary election law, committee 154 general committee 155 convention 155 primary election 155 unit of representation 155 custodian of primary records 155 party 155 246 Index. Delegates: P^««' rolls of, prepared by custodian 185 to be delivered to secretaries of committees 186 to conventions, how apportioned 188, 189 Disability: * declaration of elector as to 44 oath '.' 44 report of persons under, who were assisted 92 person or election officer assisting elector 105 not to influence elector 106 oath to be taken 106 Distance markers: expense of providing 30 to be provided for each polling place 84 inspectors to place 99 Election districts: creation, division and alteration of 6 duties of town board and common council of city in respect to . . 6 by board of elections city of New York 7 map or description in cities to be open for inspection and copies to be posted 9 in towns to be filed and posted 10 places for registry and voting in 10, 11 publication 11 new register and poll books of previous election 58 where voting machines are used 146 for primary elections, effect of creation of new, or alteration of boundaries 167 enrollment books in new 168 Electioneering: within one hundred feet of polling place 100 at primary elections within one hundred feet prohibited 182 Election laws: publication and distribution by secretary of state 32, 33 Election oflScers: designation, number and qualifications 12 in towns, appointment 24-26 inspectors appointed by town board from lists 25 lists prepared by town caucuses or primaries 25 appointments to fill vacancies 25 poll clerks and ballot clerks appointed by inspectors 26 Index. 247 Election ofScers — Continued: page. in cities 20-24 list of persons qualified to be filed with board of elections or mayor 21 how authenticated 21 examination as to qualifications 22 appointment from supplemental list if person found dis- qualified 22 oath of office 22 certificate of appointment and qualification 23 removal 23 not to be transferred from one district to another 23 penalty for failure to take oath 24 for failure to deliver books, papers, etc., to successor , 24 exemption from jury service 24 compensation, how paid 24 compensation, town or city charge 31, 32 compensation fixed ' 32 for duties under soldiers voting act 32 duties of, at primary elections 177 Elections: general, date of 2 polls, time of opening and closing 2 no adjournment or intermission until closed 2 closing of, deemed to mean what 2 liquor not to be sold while open 2 special to fill vacancies 3 See " Special Elections." notice of general, secretary of state to transmit to county clerk and board of elections 3 of special election, upon governor's proclamation 3 county clerk to publish 4 of city, village or town ofBcers to be voted for 4 places for holding, designation of 10, 11 See "Polling Places." expenses, payment of • 30 in city of New York, how paid 31, 32 Electors: qualification for registration 43 residence required 43 how gained or lost 44 illiterate and disabled, registration 44 oath as to illiteracy or disability 44 formof report as to .,,.,,., 93 248 Index. E\ectora— Continued: P-*^ge. illiterate and disabled, assistance to, how given 105 persons assisting not to influence 106 oath of person or election oflBcer assisting 106 paying or receiving money for vote not entitled to vote 52 persons excluded from rights of 52 total number of to be certified to officer or board furnishing ballots 56 qualifications to vote at primaries 61 number allowed within guard rail 104 name and residence, to be given by 104 announcement by inspectors lOi ballots delivered to, by ballot clerks 101 new set where spoiled 102 delivery, how made 104 preparation of ballot 106 rules to be observed 107, lOS intent, how ascertained 114 Electoral college: See " Electors of President and Vice-President." Electors of president and vice-president: statement of canvass by county board 129 election 149 list, secretary of state to furnish 149 college, meeting 149 organization 150 vote 150 appointment of messenger 150 delivery of vote 150 compensation 150 Emblem or device: selection of, by political party , g3 by independent body 63 not to be used by more than one party or independent body 63 to be used by same party or independent body in all districts 63 character of g3 determination as to party or body entitled to use of 64 judicial proceedings to determine right to use of 64 65 selected by secretary of state or officer with whom certificate is filed. . 65 to be recorded 69 fac-simile to be published 71 Employees: time al}owe4 for voting ,,...,,.,.,,;,..,,,, n8 Index. 249 Enrollment blanks: page. for primary elections, how printed 157 form 157 emblems, etc 158 delivery to voter 159 how marked by voter 160 return, in case elector does not desire to enroll 160 names transcribed from, into enrollment books 161, 162 Enrollment books: for primary elections, number, and when prepared 155, 156 how arranged 156 to be delivered to inspectors 157 entry of names of voters at meetings for registration, how made. 159 declaration of inspectors attached to 161 disposition of, at end of day of registration 161 delivery of, sealed, to custodian 161 names on, not to be disclosed 161 names on blanks to be transcribed into 162 entry of name of voter who did not enroll 162 duplicate sets for each party 166 to be used at unofficial primary elections 166 original, to be used at official elections 167 in new or altered election districts 16? as public records 168 correctness, custodian to certify 168 transcripts, expense 169 publication, in cities of over 1,000,000 169 Enrollment envelopes: at primary election, size and indorsement 159 Enrollment of voters for primary elections: primary election law controls 154 how made, at meeting for registration 159 special, by voter who did not enroll when registering 162 primary election law, special, statement of party affiliation 162 to be filed with custodian 163 of person who has become of age since election 164 upon removal of voter into another district 165 who entitled to 169 certificate of, to voter 168 of electors in towns 195 Erie county: commissioner of elections. See " Commissioner op Elections." 250 Index. Felony: ^AGE. person convicted of, excluded from right of suffrage 52 General committee: See " Committee." term defined 155 Governor: proclamation of special election to fill vacancies 3 Guard rails: by whom provided 10 how placed 20, 30 expense of providing 30 ballot boxes and ofiioial ballots to be kept within .' 99 persons to be admitted 100 number of electors allowed within 104 elector to pass outside after voting 109 location, where voting machine is used 144 Holiday: registration of electors upon 45 Hotels: duties of keepers, in metropolitan elections district 209-212 Illiteracy: declaration of elector as to 44 oath 44 report of persons assisted because of 92 person or election oflScer assisting elector 105 not to influence elector 100 oath to be taken 100 Independent nominations: See " Nominations." Indorsement, oflScial: ballots folded so as to show 108 without, not to be counted 114 Inspectors of election: See "Ballots;" "Canvass op Votes;" "Challenges;" "Elec- tions;" "Registration, Etc." qualification, appointment and terms of office 12 appointment, in cities 20, 21 in towns 24, 25 vacancy at time of meeting, how filled 26, 27 preservation of order '. 2S enforcement of lawful commands 28 execution of orders by peace officers 28 Index. 251 Inspectors of election — Continued: page. compensation and mileage for filing papers in office of county clerk. . . 32 in New York city, compensation 32 registration, meetings for 34 See " Registration.'' transfer of enrolled names to cards 212 See " Metropolitan Elections District." watchers to attend meetings 35 returns and statement of canvass, form of 89-92 opening polls, to meet one-half hour before 98 arrangement of ballot boxes, etc 98 to post instruction cards 98 to place distance markers 99 to see that voting booths are supplied with stationery 99 to' inspect ballot boxes 99 general duties on election day 101 to receive ballots from electors voting 101 to check name of elector upon register 101 to deposit detached stubs 101 majority to act 101 receipt and deposit of ballots from electors 108, 109 challenges at election, duties, etc 109-112 questions to be asked". 110 oath administered 110, 111 record to be kept 112 method of counting votes 117, 118 statement of canvass 118, 119 duties as to void ballots 119 proclamation of result of election 120 statement of result, original to be filed with county clerk 121 copies to be delivered to supervisor 121 in New York city, to be filed with county clerk 121 copies to be filed with bureau of elections 121, 122 to conduct primary elections 1 ' ' compensation 1 ' ° Inspectors of primary elections: board to enter names of voters in enrollment books 159 to deliver to voter enrollment blank and envelope 159 to examine .ballot boxes 160 declaration at end of enrollment books 161 delivery of enrollment book to custodian 162 Instruction cards: expense of providing 30 ^o be provided for each polling place. . . , . , ,..,..,,,,.,,.,,,,.,.. 84 252 Index. Instruction cards — Conttrmea: page. what to etate 84 by whom furnished , ■ 94 inspectors to' post 98 where voting machines are used 143 Jury service: election officers in cities of first class exempt 24 Liquor: not to be sold on election day near voting places 2 places where sold not to be designated for registry and voting 10 I/iquor tax certificate: forfeiture, for failure to make affidavit required by superintendent of elections 211 List of enrolled electors: preparation and publication 40, 41 Lodging house: duties of keepers in metropolitan election district. .>.... 209-212 Mark: voting, what constitutes 107 how made - 107, 108 in circle above one ticket 114 and in space before name 114, 115 where two or more persons are voted for same office 115 in more than one circle 116 for questions submitted lig Marked ballots: for identification. See " Ballots." Member of assembly: special election to fill vacancy in , 3 county canvassers, statement 129 canvass of votes 131 132 in Fulton and Hamilton , j^32 Metropolitan elections district: affidavit of superintendent or deputy to strike names from registry. 36, 37 challenge affidavits in go challenges at election hq statement of result to be filed with superintendent of elections 122 district created 204 state superintendent of elections, appointment. 204 salaries of officers, etc 213 chief deputy, clerks, etc ,...,.,.,.,., 205 Index. 253 liletropolitan elections district — Continued: page. state superintendent of elections, powers of sheriflf 205 oaths and aflSrmations 205 deputies, appointment 205 qualifications 205, 206 nomination by parties 205 examination as to qualifications 206 vacancies, how filled 206 removal; compensation 213 additional deputies 207 deputies ; powers, etc 207 officers to assist 208 subpoena ; superintendent may issue 208 attendance at polling places 209 duties of lodging house keepers, etc. 209, 210 chief of police and heads of departments 209, 210 reports and affidavits by lodging house and hotel keepers 210, 212 transfer names to cards, duties of inspectors 212 report to governor 214 ITaturalization: ninety days prior to election 44 papers, to be produced 52 Navigation: residence of persons engaged in 44 New York charter: sections 358-371 repealed 20 New York city: election districts in ^ designation of registry and polling places; publication 9, 10 board of elections established 13 appointment, powers and duties of commissioners of elections 13-20 jSee "Board of Elections." expenses of election, how paid 31, L2 compensation of election officers 32 icity board of canvassers 124 Jboard of canvassers, separate statements for city officers 130 delivery of statements to board of elections 134 jboard of elections to be 134 organization and meetings 134 fltatements of county boards, delivery 135 of canvass, tabulation 135 to be filed and published 135 certificate of election 136 jjietropolitan elections district ,,,.,,.,,„,, ,204-214 ge.e " METBOPOLITAIsr B.Lpowos^ Pjstwot," 254 Index. Newspapers: page. for publication of election notices 4 designation of, by secretary of state for publication of concurrent resolutions 5 for publication of nominations 71 publication of polling places 10 in city of New York 10, 11 Nominations: party, how made 61-65 certificate to contain names and residences of persons nominated. 62 to designate name of party 62 how signed 62 oath of officers signing 62 by committee, to contain copy of resolution granting author- ity to' make nomination 62, 63 emblem, device or party name to be indicated 63 determination of officer 64 judicial proceedings to determine use of 64, 65 independent, how made 65 of candidates for state offices 65 for municipal offices 66 for county off.ces 66 for offices other than municipal, to be voted for in district less than whole state i 66 for town, village or ward offices 66 certificate, by whom subscribed 66 acknowledgement, form of 66, 67 declaration of intention of subscribers 67 to state titles of offices and names and residences of candi- dates 67 to designate party name 67 place of filing 68 time of filing 69 certificates, where filed ■ gg to be public records 69 times of filing gg certificates of, objections may be filed 74 notification of committee ja names of candidates to be recorded 69 certification of, by secretary of state to county clerk and board of elections ^q publication 70-72 designation of newspapers 7I lists of candidates to be furnished town clerks and aldermen .' 72 what to contain , ,.,,,,,, 72 Index. 255 Nominations — Continued: page. for. towji and village offices, to be poated 72 .cJinJvtioE to be filed 73 JlQtiflosition of committee 73 vAcanQies, Jiow. supplied 74 certificate naming new candidate 74, 75 lists to be corrected 75 vacancy caused by death of candidate 76 after official ballots have been printed 76 official pasters to be used 76, 77 Notice; of. general and special election 3 publication by county clerk 4 of submission of proposed constitutional amendments 4 copy of, to be published 4 of primary elections, publication 176 of unofficial primary election 176 Oath: See. " Ballot Clerks;" "Election Officbks;" "Challenges;" " Inspection of Election." of. temporary and permanent chairman of convention 189 Party nomination: See " Nominations." Party, political: primary election law, term defined 155 association for election of city officers is not 155 duplicate sets of enrollment books IGG to be used at unofficial primary elections 166 committees, rules and regulations 186-188 polling less than three per cent, of vote may elect to come under act 192, 193 Pasters, ofScial: use of, in ease of death of candidate after ballots are printed 76, 77 Physical disability: Police captains: in cities of first and second class, investigation of persons registered. . 40 challenge affidavits delivered to 50 investigation of truth of SO Political party: rules and regiilations as to primaries 60 , gee " Pbimaby Elections." 25G Index. Poll books: *'*°^- expense of providing'. ,,/.■..■.■..•; ■ 30 by whom furnished ,.*...-...... 94 to be kept by poll clerk • 103 entries to be made in ,.,.,.. t , 103 Poll clerks: See " Election Officers." designation, qualifications, terms of office 12 appointment in cities 20-24 in towns . . . . r 26 vacancies and absences, how supplied 20 compensation 32 in New York city, compensation ■ ■ • 32 to meet one-half hour before opening polls 98 entries upon poll book 103 to make and complete tally sheets 104 counting ballots, duties as to 117, 118 Polling places: designation of 9 liquors not to be sold in room or building 9 ballot boxes, booths and furniture for 10 publication 10 in city of New York .' 10, 11 voting booths, number and arrangement 29, 30 guard rails, how placed 30 expense of providing 30 Polls: when opened and closed 2 guard rail, boxes and ballots to be kept within 99 persons admitted within 100 inspectors, poll clerks and ballot clerks, duties of before opening 98 watchers, attendance at 100 electioneering within 100 feet of polling place 100 opening, where voting machines are used 143 Presidential electors: See " Electoes of President and Vice-President." Primary: See " Primary Elections." definition 59 notice of, to be published 59 organization and conduct 60 rules and regulations of political party 60 additional requirements 60 Index. 257 Primary — Continued : page. qualification of voters 61 duties of chairman gj challenge of voters 61 watchers, powers and duties 61 Primary day: annual, date of 173 in cities of first class I74 Primary elections: custodian of primary records to' divide ward or assembly district 175 polling places assigned to each party 175 Primary elections: in cities and villages, law controls 154 term defined 155 unofficial duplicate sets of enrollment books to be used 166 oiBcial, original enrollment books to' be used 167 only enrolled voters to participate 167 when held 173 for election of delegates 173 nomination of candidates 173 election of committeemen 173 alternates to delegates 173 in cities of the first class 174 in presidential years 174 notice, custodian to prepare and publish 176 official, how long open 176 . unoflicial, notice 176 where held ■ 176 expense 177 not to be held in saloon, etc 176 officers, who are • 177 .election officers, when to take office 177 removals or vacancies 177 compensation • 178 ballots, booths, supplies, etc 178 placards, designating polling place 179 voting at > 179 challenges 180 ballots and ballot boxes to be kept within guard rail 181 persons not admitted within guard rail 181 watchers and challengers 181 electioneering prohibited 182 canvass of votes 182 result, statement to be filed 184 17 258 Index. Primary elections — Continued: page. • result, transcripts of statement 184, 185 certificate to be delivered to person elected 185 statements by custodian 185 transcripts, expense 185, 186 nomination of candidates at 192 Publication: of election notices 4 to contain copy of constitutional amendment or other proposi- tion 4 of concurrent resolutions proposing constitutional amendments and other propositions 5 of places for registry and voting 9 of nominations by county clerk 70 by board of elections in city of New York 71 what to contain 71 of candidates for city officers 71 designation of newspapers 71 Questions submitted: ballot box for 29 ballots, form of 82 how marked 108 Register: See " Eegistkation." Registered voters: list, in cities of first and second class 40, 41 publication and distribution 40, 41 Registration: places for designation 9 liquors not to be sold in room designated as, or in rooms adjoining -. g meetings for 34 in New York city 54 in cities and villages of over 5,000 34 duration 34 ordered by supreme court 35 special election 35 watchers 35 no part of day, deemed holiday 45 register, meeting held on order of court to correct 35, 36 adding names, application for order 36 notice to inspectors 36 order directing board to meet 36 when ordered 36 4- Index. 259 R^mtraition— Continued: j^oe. • register, striking names from, application for order 36 notice to persons interested 36 • order of court ; 36 on application of superintendent in Metropolitan Elections District 36, 37 to be in quadruplicate 37 ■where personal registration is required 37 number of columns 37, 38 entry of names, etc 38 where personal registration not required 39 number of columns 39 entry of names, etc 39 correction of, upon change of residence within district 45 certification at close of each meeting 53 certificate to be signed by inspectors 53 copy made by chairman to be known as public copy 53 public copy to be open to public inspection 53 preservation of, by other inspectors 54 comparison of books 54 each to be certified 54 filing in cities of the first class 54 all accessible for public examination 54 alteration or mutilation a felony 55 ■ ■■■ changes made by order of court, to be certified , 55 filing, at close of election 55 of previous election, to be delivered to inspectors in towns 57 in new election district in town '. 58 in city 58 sale or destruction of, in New York city 20 lists ot persons enrolled 39 in cities of first and second class 39 publication ■ • ■ 40 distribution 40 delivery to police captains 40 investigation by police captains 40 form 41 special election, iH cities and villages of 5,000 42, 43 names of electors retained 42 adding and erasing names 42 in cities of first class 42 removal of elector into another district 42 certificate, name added upon presentation 42, 43 in towns and villages of less than 5,000 43 260 Index. Registration — Continued: page. personal, in cities and villages of over 5,000 41 in district partly in village 41 not required in certain districts 41 where only two meetings are held 41, 42 in one district, when registered in another 43 punishment 43 not required for town or village elections 43 qualification of electors 43 illiterate and disabled electors 44 declaration as to illiteracy or disability 44 oath 44, 45 challenge of applicants 45-51 affidavits to be' furnished by secretary of state 45 form and contents 45-48 oath administered to applicants 48, 49 enrollment of elector if qualified 49 •false statement in affidavit 50 police captain, delivery of affidavits to 50 investigation of truth of affidavits 50 sheriff, delivery of afBdavits ttf 50 investigation of truth of aflBdavits 50 in metropolitan election district, duplicate book of affidavits .... 50 recorded in register 51 naturalization papers, when to be produced 52 false oath before board 52 number of electors to be certified to officer or board furnishing ballots 56 register, blank books for, to be furnished by secretary of state 56 delivery by county clerks 57 for town or village election held at time of general elecrtion 52, 53 primary election, voting booths at places of 157 ballot box at each place 157 enrollment at meetings for 159 transfer of names to cards in metropolitan elections district 212 Removal: of voter into another district, enrollment for primaries 165 Repeal: Greater New Yotk charter (L. 1897, ch. 378), §§ 358-371 20 Residence: length of, required 43 gained or lost 44 change of, within election district 45 correction of register 45 Index. 261 Return sheets: page. ^'"■m of 89-92 by whom furnished 94 Returns: by inspectors, of result of canvass, form of 89-92 Review: by courts, of actions of committee or convention 191 Rules and regulations: of committees bf political parties as to primary elections 186 School commissioner: county canvassers, statement 130 canvass of votes for 132 Secretary of state: notice of general and special elections 3 designation of newspapers for publication of concurrent resolutions . . 5 publication and distribution of election laws 32, 33 blank challenge affidavits to be furnished by 45 blank book for register of electors to be furnished by 56 duties as to party nominations 62 as to designation of party emblems. 63-64 as to independent nominations 65-67 certificates of nomination to be filed in office of 68 statements of canvass by county board transmitted to 133 names of officers elected transmitted to 133 to appoint meeting of state canvassers 136 certificates of election, transmission 137 county officers elected, record to be kept 137 Senator, state: special election to fill vacancy in 3 Sheriff: challenge affidavits delivered to 50 investigation of truth of 50 Special election: to fill vacancy in elective office; proclamation of Governor 3 to fill vacancy in office of representative in congress 3 in Office of state senator or member of assembly 3 register of electors, meeting of inspectors to revise 35 registration, in cities and villages of over 5,000 42, 43 ' in towns and villages of less than 5,000 43 Split ticket: how voted 107 how counted 117 262 Index. PAGE. State canvass: See "Ganvassees, State Boabd of." Statements: of canvass, by county boards 1-J9 131 See "Canvass of Votes." See " Canvassers, County Board of." Statement: under primary election law, for special enrollment 162, 163 of party affiliations 163 to be filed with custodian 163 by new voter 164 by voter who has moved into another district 165 under primary election law, of conventions, committees, and officer to be filed with custodian 175 of result of primary election, to be filed 184 to be canvassed by custodian 184 Stationery: to be provided for each polling place 84, 85 by whom furnished 94 Straight ticket: how voted 107 how counted -. 117 Students: residence of 43 Suffrage, right of: persons receiving or paying money for vote excluded from 52 person convicted of felony excluded from 52 Superintendent of elections: for metropolitan elections district. See " Metbopolitan Elections District." Supplies for election: by whom provided 10 Supreme court: meeting for registration, order for 35 application for adding or erasing names from register 36 order compelling recount 123 meeting and organization of county canvassers 125 correction in statements of county and state boards 127 Tally sheets: expense of providing 30 to' be furnished inspectors 85 form of 85-87 entry of count j27 118 Index. 263 - Tally sheets— Contimued: page. to be filed and preserved 121 where voting machines are used 142 Town board: duties in respect to election districts 6 appointment of inspectors 24 designation of polling places 9 Town clerk: Compensation for duties under election law 31, 32 lists of candidates nominated, to be posted 72 for town offices to be posted 72 delivery of ballots and stationery to inspectors 95 Towns: enrollment of electors' in 195 Town meetings: held on election day, ballot box for town propositions 29 in even numbered year, ballot box for town ballots 29 expense of ballots, poll books, etc .' 30 not held on election day, expense of ballots, cards of instruction, etc. . 31 registration not required 43 held at time of general election, registration required 52, 53 held on election day, ballots for 94 in even numbered year, ballots to be separate 94 not held on election day, distribution of ballots, etc 96 Town propositions: ballot box for 29 ballots, form of 83 United States: residence of persons in service of 43 Unit of representation: term defined 153 Vacancy: when to be filled at general election 2 special election to fill 3 in office of representative in congress, when to be filled at special election 3 inspectors of election in cities 23 in towns 25 in case of absence from meeting 26, 27 ballot clerks in cities in towns 26 in case of absence from meeting 27 •264 Index. Vacancy — Continued: page. poll clerks in cities ^^' ^^ in towns in case of absence from meeting ^' in nominations, how filled '^' '" caused by death of candidate after ballots are printed 76 use of official pasters '" Village clerk: to post lists of candidates for village offices 72 Village election: held on election day, expense of ballots, poll books, etc 31 not held on election day, expense of ballots, etc 31 registration not required 43 held at time of general election, registration required 52, 53 distribution of ballots 96 Villages: application of Primary Election Law to 193 Void ballots: See " Ballots." Improperly marked, defaced or torn 119 Votes: See "Ballots;"' "Canvass op Votes." method of counting 117, 118 Voting: See " Ballots;'' "Electors." preparation of ballot 106 rules to be observed 107, 108 manner of 108, 109 elector to pass from guard rail 109 when deemed commenced 109 time allowed employees 112 Voting booths: by whom provided 10 number at each polling place 29, 30 construction of 30 supplies and conveniences furnished , 30 arrangement in polling places 30 expense of providing 30, 31 inspectors to cause to be provided with pencils, etc 99 occupancy by one elector 106 time allowed X06 Index. 265 Voting booths — Continued: page. for primary elections, to be erected at places of registration 157 character and use , 178, 179 Voting machines: used at city, town or village elections, expense of 31 commissioners, appointed ; 138 examination, by commissioners 139 report as to 139 compensation of commissioners 139 requirements 139 adoption 140 experimental use 140 preservation and repair ; 141 use in certain districts 141 payment 141 ballots, form 141 sample 142 number 142 distribution 142 unofficial 142 independent . % 143 disposition 143 presidential electors 144 inspectors of election, arrangement 143 insertion of ballots 143 arrangement of counters 143 location within guard rail 144 instructing voter 145 canvass of votes 145 preservation of record 146 application of Election Law and Penal Code 146 ballot clerks not to be elected 146 election districts, redivision 146 number of electors 146 ballot, defined 147 repeal of laws 147 Watchers: appointment of, by political pairty or independent body 35 at primaries, powers and duties 61 number and powers 181 may examine ballots 183 may make transcript of statement of canvass 184, 185 at election, appointment of • •' 100 attendance at polls 100 266 Index. Watchers — Continued: page. objection to ballot because marked for identification 117 ballots to be exhibited to 118 Witnesses: subpoena to' appear before committee of convention on contested seats 190 Writ of mandamus: to exclude ballots marked for identification 123 to count rejected ballots 123, 124 to correct statements of canvass by county and state boards 125 statements of 'county boards by state boards 127