u,i CORNELL UNIVERSITY LIBRARY GIFT OF Mrs. S. Orth Comall UnlvanKy Library JK1963.N5 A3 1916 The election law. I olin 3 1924 030 480 887 jSk ■ ■ ■ 236 481. Affidavits by hotel keepers holding liquor licenses '. . . . 236 482. Filing such reports and affidavits 236 483. Reports by police and certain departments 236 484. List to be furnished if required by the superintendent of elections . . 236 485. Card lists of registered electors 236 48G. ChaUeiige lists '. 236 487. Salaries and expenses , . . . 236 488. Report to governor , • ■ . 236 489. Authority of state superintendent of elections , . . . 236 ARTICLE 15. Soldiers' and Sailors' Eebctions. Section 500. Special polls in time of war . '. 248 501 . General register of absent voters C , 248 602. Poll books and oaths .,. . . 248 503. Official war ballots 248 504. Official envelopes for war ballots •!.••-.■ 248 506. Delivery of official war. ballots, poll, books and envelopes — ...... 248 506. Lists of nominations 248 507. PolU of election. ;- 248 508. Opening of the polls 248 609. Organization of the polls... ,. 248 610. Conduct of elections t ...-■■ 213 511. Count of the votes 248 xvi Table of CoNTEifTS. PAGE. Section 512. I^eturns not to be rejected because of informality of election 248 513. Disposition of envelopes and ballots 248 514. Canvass by inspectors of election 248 515. Canvass by county board 248 516. Canvass by state board 248 517. Returns or statements not made and filed prior to certain dates in any year not to be canvassed 248 51,8. Provisions of penal law relating to crimes against the elective fran- chise to apply 249 519. Filling vacancies in the ofiBce of inspector of elections 249 520. .Elections may be contested ■ 249 521. General provisions concerning elections to apply 249 - 522. Copies of this article to be published and distributed 249 ARTICLE 16. Corrupt Practices. Section 540. Political committee defined 241 541. Statement of campaign payments not made through political com- ■ mittee 241 542. Personal expenses defined 263 543. Treasurer of political committee 263 544. Accounting to treasurer or candidate 263 545. Vouchers 263 646. Statement of campaign receipts and payments 263 547. Campaign contributions to be under true name of contributor 263 548. Filing and preserving statements 263 549. Secretary of state to provide forms 263 550. Contempt proceedings upon default in filing statement 264 551. Who may maintain proceedings 264 552. Undertaking for costs 264 553. Time within which proceedings must be brought 264 554. Proceedings to be summary 264 555. Preference over other causes 264 556. Appeals 264 657. Subpoenas 264 658. Personal privilege of witnesses 264 659. Conduct of hearing 264 660. Judgment and penalty 264 661. Application of article limited 264 562. Party funds not to be expended for primary purposes 264 ARTICLE 17. Laws Repealed; When to Take Effect. Section 670. Laws repealed 272 571. When to take effect 272 Instructions for guidance of election officers 279 ^"■^^^ •• ""^i;;;"!!!; •!!;;;";;;;; 299 THE ELECTION LAW CHAP. 22 AN ACT in relation to the elections, constituting chapter seven- teen of the consolidated laws. Become a law February 17, 1909, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New Yorlc, represented in Senate and Assembly, do enact as follows: CHAPTER 17 OF THE CONSOLIDATED LAWS ELECTION LAW ^Article 1. Short title; application; definitions (§§ 1-3). 2. Enrollment of voters (.§,§ 4—24). 3. Party organization (§§ 35-43). 4. Party nominations and designations (§§ 45-58). 4-a. Conduct of official primary elections; canvass of re- turns (§§ 70-94). ^4-b. Conventions (§§ 110-114). 5. Nominating certificates; emblems; vacancies (§§ 121- 137). 6. Registration of voters (§§ 150-184). 7. Board of elections (§§ 190-208). ^7-a. Commissioner of Elections in the county of Mon- roe (.§§ 210-223). 8. Times, places, notices, officers and expenses of elec- tions (§§ 290-320). 9. Ballots and stationery (§§ 330-345). 10. Conduct of elections and canvass of votes (§§ 350— 381). 11. Voting machines (§§ 390-421). 12. Boards of canvassers (§§ 430-444). 13. United States senators, representatives in congress and presidential electors (§§ 449-457). 14. State superintendent of elections (§§ 471-489). 15. Soldiers' and sailors' elections (§§ 500-522). 16. Corrupt practices (§§ 540-562). 17. Laws repealed; when to take effect (§§ 570, 571). J Schedule of headings amended by chap. 891, Laws of 1911, and chap. 80O, Laws of 1913. ^„ ^ ^ ,„,„ 2 Article 4-b repealed by chap. 820, Laws of 1913. sAdded by chap. 7, Laws of 1916. 2 The Election Law ARTICLE 1 Short Title; Application; Definitions ^■Section 1. Short title. 2. Application. 3. Definitions. § 1, Short title. This chapter shall be known as the " Election Law." § 2, Application. Except as otherwise herein provided, articles two, three, four and four-a of this chapter shall be con- trolling : 1. On the method of enrolling the voters of a party .^ 2. On the organization and conduct of party committees. 3. On the method of electing members of state and county com- mittees, and delegates and alternates to national party conven- tions. 4. On the nomination by parties of all candidates for offices authorized to be filled at a general election, except town, village and school distri-ct officers. '[As added by chap. 891, Laws of 1911, and amended by chap. 820, Laws of 1913.] § 3. Definitions. The terms used in this chapter shall have j the signification herein defined unless other meaning is clearly apparent in language or context; 1. The term " general election " means the election held on the Tuesday next succeeding the first Monday in November. 2. The term " official primary " or " official primary election " means a primary election held by a party for the purpose of nominating candidates for office or, electing persons to party positions and conducted by the public officers charged by law with the duty of conducting general elections. An " unofficial pri- mary " or " unofficial primary election " means any other pri- mary or primary election held by a party or independent body. 3. The term " primary day " means the day upon which an official primary election is held, as in this chapter provided. 4. The term " fall primary " means the official primary election held on the seventh Tuesday before the general election. ' 5. The term " spring primary " means the official primary elec- ' Schedule of section headings amended by chap. 891, Laws of 1911. Short Title; AppLicATioiir ; IJefinitions 3 tion held on the first Tuesday in April in years when a president of the United States is to be elected. 6. The term " nnit of representation " means any election dis- trict, town, ward of a city, assembly district, or any other political subdivision of the state, respectively, which is the unit from which members of any political committee or delegates to a party con- vention shall be elected as herein provided. 7. The term " custodian of primary records " means the officer or board whose duty it is by the provisions of this chapter to provide official ballots for general elections. 8. The term " board of elections " shall include a single com- missioner of elections in a county having such an officer ahd the county clerk in any county which by the provisions of this chapter shall have no such board nor commissioner, except as otherwise provided in special provisions relating to any such county. 9. The term " party " means any political organization which at the last preceding election for governor polled at least ten thousand votes for governor. 10. The term " nomination " means the selection in accord- ance with the provisions of this chapter of a candidate for office authorized to be filled at a general election or at a special election held to fill a vacancy in such office. 11. The term " designation " means any method in accordance with the provisions of this chapter by which condidates for party nominations, or for election as party committeemen or delegates^ may be named in order that they may be placed upon the official ballot for any official primary election. 12. The term " official primary ballot " means the ballot pre- pared, printed and supplied for use at an official primary elec- tion in accordance with the provisions of this chapter. 13. The term " party position " means membership in a party committee or the position of delegate or alternate to a national party convention, 14. The term " committee " means any committee chosen, . in accordance with the provisions of this chapter, to represent the members of a party in any political subdivision of the state. 15. The term " independent body " means any organization or association of citizens which, by independent certificate, nom- inates candidates for office to be voted for at a general, special or village election, or town meeting, and which, if such independ- ent body nominated a candidate for governor at the preceding 4: The Election Law general election of a governor, did not poll at least ten thousand Totes for its candidate for such office. 16. The term " party nomination " means the selection by a party of a candidate for an office authorized to be filled at a general election, or at a special election held to fill a vacancy in Buch office, or at a town meeting. 17. The term "independent nomination" means the selec- tion of a candidate by an independent body for an office authorized to be filled at a general election, or at a special elec- tion held to fill a vacancy in such office, or at a town meeting. 18. The term " party candidate " or " party nominee " means a person who is selected by a party to-be its candidate for an office authorized to be filled at a general election, or at a special elec- tion held to fill a vacancy in such office, or at a town meeting. [As amended by chaps. 649, 891, Laws of 1911, amd chap. 820, LaiPs of 1913, and chap. 537, Laws of 1916.] 19. The term " independent candidate " or " independent nominee " means a person who is selected by an independent body to be its candidate for an office authorized to be filled at a gen- eral election, or at a special election held to fill a vacancy in such office, or at a town meeting. [Added hy chap. 678, Laws of 1915, a/fid amended hy chap. 537, Laws of 1916.] 20. The term " enrollment books," when applied to those used in a city of over one million inhabitants, means registers of elec- tors in which party enrollments of voters are entered or provided for in additional columns. [Added by chap. 537, LawSi of 1916.] 4 ARTICLE 2 Enrollment of Voters Section 4. Delivery of enrollment books where registers do not include enrollments. 5. Enrollment books where registers do not include enrollments. 6. Voting booths and enrollment boxes. 7. Enrollment blanks and envelopes. 8. Delivery of enrollment blanks to voters who register personally. 9. Delivery of enrollment blanks to voters where regis- tration is not personal. 10. Enrollment by voters. 1 Entire article amended by chap. 891, Laws of 1911. "" Enrollment of Votees 5i Section 11. Examination, sealing and custody of enrollment boxes/: 12. Certification and secrecy of enrollment where regis^ tration is personal. 13. Certification and secrecy of enrollment where regis-l tration is not personal. S 14. Opening of enrollment box and completion of enroll-' ment. 14-a. *"' Correction of enrollment lists. ' 14-b. ^"Special enrollment upon becoming of age. ' 15. Enrollment for a new political party. * 16. Duplicate enrollment books. lY. Use of duplicate enrollment books at unofficial pri-' maries. ;• 18. Use of original enrollment books at official primaries.* 19. Eight to enroll and vote at primaries. ' 19-a. Special enrollment after moving. ^ 20. ■*"'^New enrollment books for changed districts. 21. Enrollment books to be public records; transcripts" of enrollment. 22. Publication of enrollment. ,' 23. Judicial review of enrollment. '^ 24. Correction of enrollment with respect to persons not'' in sympathy with party. 25. Investigation of enrollment. § 4. Delivery of enrollment books ivliere registers' do not include enrollments. In any political subdivision in which the registers of electors do not provide for entries of party enroUmente, the custodian of primary records shall cause to be prepared on or before the fifteenth day of September in each year, original enrollment books to the number of two for each election district. Such enrollment books shall be so arranged that the names of all voters of the election district may be inscribed therein alphabetically. Said books shall be delivered by the cus- todian of primary records to the election inspectors of the respec- tive election districts immediately before the first day of regis- tration in each year and also in districts wholly outside of a city or village having five thousand inhabitants or more, to the town clerk at least twenty-four hours before the first day of registration, who shall deliver such enrollment books to the inspectors of 4a New section added by chap. 52, Laws of 1912. «New section added by chap. 244, Laws of 1914. 4= Eepealed by chap. 244, Laws of 1914. 6 The Electioh- Law election of the respective election districts in his town one-half ,hour before the opening of the polls. [As amended by chap. 678, Jjaws of 1915.] § 5. Enrollment books where registers do not in- clude enrollments. In a political subdivision referred to in the preceding section, the enrollment books shall be so arranged and printed that there shall be twelve coliinms on each page; the first for the enrollment numbers of the voters ; the second for the surnames of the voters; the third for the christian names of the voters; 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 voter shall enroll; the seventh for the word "voted" in case the voter votes at the spring primary; the eighth for a record as to challenges in case he is challenged thereat; the ninth and tenth columns for similar entries in case he votes at the fall primary ; and the eleventh and twelfth columns for similar rsntries in . case there be a third official primary election or an jmofScial primary election. Keference, in this chapter, to a particular column, by number, of the enrollment books shall mean, when applied. to a city having more than one million inhabitants, the appropriate column of the registers of electors. [As amended by chap. 678, Laws of 1915.] § 6. Voting booths and enrollment boxes. 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 lie first day of registration in each year, and such booths shall be and re- main in said places of registration during the registration at the 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 articles as are required by law to be placed therein for a general election, which articles shall re- main therein during such registration. He shall also provide in •like manner one enrollment box in each place of registration of sufficient capacity to hold all the enrollment blanks which are to be furnished for such place of registration, which shall be similar Jo the ballot boxes prescribed by law to be used at a general elec- tion. He shall also in like manner provide at each polling place on general election day, in each election district wholly outside of Enkolliikbtt of Voters 7 a city or village having five thousand inhabitants or more, or partly within and partly outside of any such village, two such voting booths, for the enrollment of voters, the needed articles therefor, and an enrollment box, as above provided. [As amended by chap. 537, Laws of 1916.] § 7. Enrollment blanks. There shall also be prepared by the custodian of primary records at public expense, to be borne in the same manner as the expense of furnishing official ballots, and delivered by such custodian with the enrollment books, such number of enrollment blanks for each election district as will exceed by seventy-five the total number of voters registered in such district. 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 citj (or village or town) of ; county of ; assembly district (or ward or town) ; election district; enrollment numbe(r N^ame of voter "I, , who have placed a mark underneath the party emblem hereunder of my choice, do solemnly declare that I have this day registered as a voter for the next ensuing election, (or, if the voter was duly registered other- wise than personally, that ' I have this day voted in the above election district"') and that I am a qualified voter of the election district in which I have so registered (or voted), and that my residence address is as stated by me at the time I so registered (or, if registration was not personal, a statement of the voter's present address) ; that I am in general sympathy vfith the prin- ciples of the party which I have designated by my mark here- under ; 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 offices, 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 January. The word ' party ' as used herein means a political organization which at the last pre- ceding election of a governor, polled at least ten thousand votes for governor. The Electiow Law Party Partj (Insert emblem.) (Insert emblem.) " 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 elections during the next year." The circles underneath the emblem shall be three-quarters of an inch in diameter, and in them nothing shall be printed. The party emblems shall be the same as those which were on the bal- lots for each party respectively at the last preceding general elec- tion, and such emblems shall be so arranged on each blank that the emblem of the majority party at the last preceding 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 article is applicable. [As amended by chap. 820, Laws of 1913, and chap. 537, Laws of 1916.] § 8. Delivery of enrollment blanks to voters on days of registration. "When, in any political subdivision of the state, a voter shall, at any of the regular meetings for regis- tration in any year, present himself personally to the board of election inspectors in any election district for registration, or if, where his registration was not required to be personal and he was registered without personal application, he shall present himself personally to such board for enrollment only, his name and resi- dence address shall be entered at the proper place in the two original enrollment books for that district. After he shall have been registered, and not before, as a qualified voter of that elec- tion district for the next ensuing general election, the board of election inspectors, or a member thereof, shall forthwith and before such voter leaves the place of registration, enter his enroll- ment number, beginning with number one for the first voter enrolled on the first day, and so on in numerical order, opposite Eneoillmeitt OB" Voters 9 his name, in the first column of the registration books and the enrollment books, and shall write the name of the voter on the blank having the enrollment number which shall be opposite his name on the registration and enrollment books, and shall fill in the other blank spaces on the enrollment blank, and shall deliver to such voter an enrollment blank having his name on it. No voter shall be given more than two enrollment blanks in any event, nor more than one blank unless he shall spoil, deface, improperly mark, or otherwise destroy the first blank given him. In case a second blank is given him, the member of the board of election inspectors in charge of the enrollment books shall draw a line through such voter's enrollment number in the first column in, said enrollment and registration books, and shall insert in such space in said columns the number which shallbe upon the new blank to be given him, which number shall always be the lowest number of the enrollment blanks then unused in such election dis- ; trict. [As amended hy chap. 537, Laws of 1916.] i: § 9. Delivery of - enrollment blanks to voters on election day ivhere registration is not personal. ' When, in any town or village in which personal registration is not required, or in an election district a part of which comprises territory in which such personal registration is not required, a registered voter whose registration was not personal nor required to be personal, and who was not enrolled on a day of registration, shall present himself to the board of election inspectors in an election district at a general election for the purpose of receiving an ofiicial ballot to be voted thereat, his name and residence address shall be entered at the proper place in the original enroll- ment books for that district. After he shall have voted, the board of election inspectors, or a member thereof, shall forthwith and before such voter leaves the polling place, write his name on the enrollment blank having the lowest number of the blanks then unused in such election district, shall fill in the other blank spaces on such enrollment blank, shall deliver to him an enrollment blank having his name on it and enter opposite his name in the first column of the registration, and enrollment books the number iOn the blank delivered to him. No voter shall be given more than two blanks in any event, nor more than one blank unless he shall spoil, deface, improperly mark, or otherwise destroy the first blank given him. In case a second blank is given him, the member of the board of election inspectors in charge of the enroU- 'ment books shall draw a line through such voter's enrollment 10 The Election Law number in the first column in said registration and enrollment books, and shall insert in such space in such column the number which shall be upon the new set to be given him, which number shall also be the lowest number on the enrollment blanks then unused in such election district. Enrollment blanks shall be numbered consecutively, beginning with the one succeeding the last number used on the last preceding day of registration. [As a/mended hy chap. 537, Laivs of 1916.] § 10. Enrollment by voters. Such voter desiring to enroll shall then enter a voting booth in said place of registration or polling place, 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 there- upon fold said enrollment blank so as to conceal the face thereof, and, before leaving the place of registration or polling place, shall forthwith deposit the same, as so folded, in the enrollment box in said place of registration or polling place 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 enrollment books in the fifth column thereof the word " yes." If a voter declines to enroll, he may return the blank to the inspector in charge of the enrollment box, } and such inspector shall indorse the name of such voter thereon and deposit the same in the enrollment box ; and a like entry shall be made opposite his name in the fifth column of the enrollment books. The entries in the enrollment and registration books required by this' and the two preceding sections shall be made by a member of the board designated by the chairman. One mark crossing any other mark at any angle within the circle shaU be deemed- a cross mark within the meaning of this article. [As amended hy chap. 537, Laws of 1916.J § 11. Examination, sealing and custody of enroll- ment boxes. Before the entry of any enrollment number or the delivery of an enrollment blank to any voter, in any year, the said enrollment box shall be examined by the board of election inspee- tors 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 records as hereinafter provided. Said boxes shall be in the charge and keeping of the Enrollment of Vot-ees 11 custodian of primary records at all times except during hours of enrollment. {As amended by chap. 537, Laws of 1916.] § 12. Certification and secrecy of enrollment oc- curring on a day of registration. 1, Except as otherwise provided in subdivision two hereof, at the close of the last meet- ■ ing for registration in each year the board of election inspectors- shall severally subscribe and verify duplicate declarations, 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 personally as voters in that dis'trict on any of said days of registration or who, having been registered on any of said days without personal application, thereafter applied for and received enrollment blanks, and such declarations shall set forth the number of the last enrollment blank used on .such last . day 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 envelope, shall remain in the custody of the chairman of the board until the .meeting on the next day of registration, when it shall be pub- licly opened. The envelope sealed at the close of the last day of ■ registration shall, within twenty-four hours thereafter, be de- livered to the custodian of primary records. Such envelope shall ! remain sealed until the next Tuesday following the next ensuing day of general election, except that in any election district in which personal registration is not required or comprising terri- tory in a portion of which personal registration is not required such envelope shall be returned to the board of inspectors before the opening of the polls on the day of general election, to be by them opened and used and again delivered to the custodian of primary records as prescribed in section thirteen. 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. 2. In a city of over one million inhabitants, at the close of the last meeting for registration in each year the board of election inspectors shall severally subscribe and verify four declarations, one of which shall be printed in or attached to each of the orig-' inal registers. Such declarations shall be to the effect that the ^12 The Electiok Law ■ ■persons shown by such registers are the only persons who regis- tered personally as voters in that district on any of said days of registration and shall set forth the number of the last enroll- ment blank used on such last day of registration. [As amended by chap. 678, Lwws of 1915, and 537, Laws of 19i6.] § 13. Certification and secrecy of enrollment oc- .cnrring on the day of general election. At the close of ithe day of general election or on the following day in each year, in an election district in which the enrollment of any voters is permitted under this article on the day of such election, the board of election inspectors shall severally subscribe and verify duplicate declarations one of which shall be printed on and attached to each of the original enrollment books. Such declara- tions shall be to the effect that the persons shown by such enroll- ment books whose enrollment number is higher than the last num- ber used on the last preceding day of registration, constitute all of the persons voting in that district at such general election whose registration was not personal and who had not, after such registration, applied for enrollment on a day of registration. They shall inclose such 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 elec- tion district, and shall within forty-eight hours after the close of such general election deliver the same to the custodian of primary records. Such envelope shall remain sealed until the following Tuesdiay. 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. [As amended hy chap. 537, Laws of 1916.] § 14. Opening of enrollment box and completion of enrollment. It shall be the duty of the board of inspectors, or one of them, at the close of the registration, and again at the close of a day of general election where voters are enrolled on that day, to deliver the enrollment box to the custodian of primary records. All enrollment blanks contained therein shall remain in such box, and the said box shall not be opened nor shall any of the blanks be removed therefrom until the Tuesday following the day of general election in that year. Such box shall then be opened by the custodian of primary records, and the blanks con- tained therein shall be removed thereupon by said custodian, and the name of the party designated by each voter under such Eh-RQXLMENT OB" VOTEES 13 declaration shall be by said custodian entered against the nanjie of such voter in the appropriate column of three registers, in a city having more than on© million inhabitants, and of the enroll- ment books elsewhere for the election district in which such voter resides. Such enrollment shall be completed before the succeed- ing fifteenth day of February 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 of any enrollment blank, the voter who used the enrollment blank thus deficient shall not be deemed to be enrolled, and words indicating the reason why such enroll- ment is not" transcribed shall be entered against the name of such voter in the register columns reserved for the entry of party enrollments, in any city of over one million inhabitants, and elsewhere in the sixth column of the enrollment books. When all of the enrollment shall be transcribed from the blanks to the enrollment books or registers, the custodian of primary records shall subscribe and verify identical declarations, one of which shall be printed in or attached to each of the said original enroll- ment books or registers, which declaration shall be to the effect that he has correctly and properly transcribed the enrollment indicated on the blank of each voter to the said enrollment books or registers, as herein provided. {As amended by chap. 678, Laws of 1915, and chap. 537, Laws of. 1916.] I § 14-a. Correction of enrollment lists. Any voter who has been or shall have been enrolled with the same political party for five years or upwards and who, at the time of marking an enrollment blank on any day provided in this chapter for the enrollment of voters, makes a mark in the circle beneath the em- blem of a party other than the one with which he desired or intended to enroll, by inadvertence, may at any time after the completion of the enrollment in any year as provided in this chapter and prior to the ensuing first day of July, have his party affiliation changed upon the enrollment list by the custodian of primary records with whom such list is filed by striking out the name of the party with which he is thus wrongly described as being affiliated and inserting the name of the party with which he may declare that he is affiliated by making, subscribing and acknowledging before any officer authorized by law to take the acknowledgment of deeds for record in this state, and filing or causing to be filed with such custodian of primary records, ai statement embodying a declaration in substantially the following form : "I , do solemnly declare that I reside in 14 The Electiok Law and am a duly qualified voter of tke election district of such city (assembly district, wardl or town) ; that at one of the last preceding days for the enrollment of party voters in such election district I received an enrollment blank and made my mark in a circle under one of the party emblems thereon, but such marking was done inadvertently and in- dicated my enrollment with a party with which I was not then affiliated and with which I did not intend to enroll ; and I therefore. request that I be specially enrolled with the party. I am in general sympathy with the principles of the party. It is my intention to support generally at the next general election the nominees of such party. I have been duly and regularly enrolled with such party for at least five years prior to the enroll- ment at which such mistake occurred. I have not participated in any primary election or convention of any other party during suck period of five years.'' If any of the enrollment lists for the pre- ceding five years in the ofiice of such custodian of primary records do not contain the name of such applicant, as an enrolled voter of the party named in the statement, the custodian of primary records shall require him to produce a transcript of so much of an enrollment list as relates to him, if any, from the ofiice of the custodian of primary records of the city or county in which he may have been enrolled for such year or years, accompanied with proof by afiidavit showing his identity with the. person whose name appears in such transcript. Upon the filing of such statement, and all other papers or cer- tificates if required, the said custodian of primary records, if the records support the truth of the applicant's statement, shall cause the request contained in such statement to be complied with, by changing the entry relating to the applicant in the enrollment list to conform thereto and recording in the proper column thereof the reason therefor, including a memorandum briefly describing the papers filed in support thereof. [Added hv chap. 52, Laws 0/1912.] y F , § 14-b. Special enrollment upon becoming of age. Any voter who shall have become of age after the last preceding i general election may at any time on or before the fourth Tuesday preceding an official primary in- the year following such general election become specially enrolled with any party and have his name_ added to the original enrollment books of the election dis- trict in which he resides, iii the manner following : He shall make and acknowledge before an officer authorized to Eneollment of Votees 15 take the proof or acknowledgment of deeds to be recorded,' and file or canse to be filed with the custodian of primary records, a state^ ment embodying a declaration in substantially the following form, the blanks being properly filled in : "I, , do solemnly declare liat I reside at (here inseirt residence address), and am a resident and duly qualified voter of the election district of the assembly district (or of the ward of .the city of , or of the town of in the county of ) ; that I became of age since the last preceding general election; that I am in general sympathy with the principles of the party and it is my intention to support generally at the next general election, state or national, the nominees of such party for state or national ofiices; that I have not heretofore en- rolled with or participated in the primary election of any party. I therefore request that I be specially enrolled with the •. party. The same party name shall be inserted by the voter in the two spaces provided therefor. A blank for such statement and appli- cation shall be provided by the custodian of primary records on demand to any person desiring to specially enroll under this sec- tion. The mailing of such statement and application from any point within the jurisdiction of such custodian, addressed to such custodian at his office, properly sealed with postage fully prepaid, on or before the day herein provided for filing the same, shall be ' a sufficient compliance with the requirements of this section. Upon receiving such statement, the custodian of primary rec- ' ords shall enroll such voter with the said party of his choice in the original enrollment books for the proper election district, in the '[ same manner as upon an enrollment blank deposited at one of the I j days .of registration or on the day of general election; except that |1 above the surname of such voter shall be written the word " Spe- * cial " and above the Christian name the date of the filing or post- mark of mailing of such statement and application. Voters spe- cially enrolled hereunder shall be given by the custodian of pri- ! mary records an enrollment number beginning, for the first voter J thus specially enrolled, with the numeral following the highest ^ numfber on the enrollment books of those enrolled in the election I district at the preceding days of registration or general election. I The custodian of primary records shall endorse the corresponding * number on the statement of the voter to whom such number is 1 given. All such statements and applications shall be public rec- ords and open to inspection and may be copied by any person. 16 The Election Law They shall be kept on file for one year from the day of the next ensuing official primary. [As added hy chap. 244, Laws of 1914.] § 15. Enrollment for a nemr political party. Where an independent body has become a party at a general election, an enrollment of the members of such party shall be made in the manner herein prescribed. After the first day of January and not later than the second Tuesday of April in the year next suc- ceeding that in which such independeoit body became a party, or in the year nineteen hundred thirteen not later than June first, the custodians of the primary records throughout the state shall cause to be mailed to all voters whose names appear upon the latest registration lists of their respective districts and who are Hot enrolled as members of any political party, at their respective post-office addresses, emrollmemt 'blanks printed on white paper, on the face of which shall be printed the following, or the sub- stance thereof, the blanks to be filled in in type so far as possible: " Primary enrollment for year city (or village or town) of ; county of ; assembly district (or ward or town) ; election district; enrollment num- ber ; name of voter " I, the undersigned, do solenmly declare that I voted in the above election district at the general election held (insert date of last general election) ; that I still reside in said election district; and that my residence is at the address as given below ; that I am in general sympathy with the principles of the party in the circle beneath the name and emblem of which I have made a cross X mark, and supported generally at the said general election the nominees of the said party, then an independent body; and that I have not enrolled with any other party since the first day of January (here insert the year in which the general election was held). Party Party (Insert emblem) (Insert emblem) (Voter sign here) Residing at (The voter here inserts his residence) Enbollmejtt of Voters . 17 " Make a cross X mark in the circle under the emblem of the party with which you wish to enroll for the purpose of participat- ing in its primary elections during the current year, and write your name and address in the blanks immediately under the circle or circles." The circles under the emblems shall be one inch in diameter and in them nothing shall be printed. The party emblem shall be the same as those which were on the official ballots for each inde- pendent body, respectively, to which this section is applicable!; over such 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 emblem of those parties which were independent bodies and became parties at the last preceding general election and shall have the following instruction printed across the top of the enrollment blanks : " Fill out, sign, and return on or before the first Tuesday of June, nineteen hundred and (here insert the current year) to .... (here insert the name or title of the custodian of primary records), at .... (here insert the post office address, with street and number, if any, of the custodian of primary records)." Each voter who shall have properly signed such an enrollment blank and shall have either mailed or delivered the same to the proper custodian of primary records on or before the first Tues: day of June, of the then current year, or in the year nineteen hun- dred thirteen on or before July first, shall be enrolled in h^s proper and designated party, subject to all the provisions of this chapter applying to enrollment books of party voters, and the custodian of primary records shall enter against the name of each voter in the appropriate column of the enrollment book for the election district in which such voter resides the name of the party with which such voter shall thus enroll. The postmark on any envelope containing such an enrollment blank shall be deemed conclusive proof of the date on which the same was mailed. One additional copy of the said enrollment blank shall be furnished to each voter who applies therefor. Additional copira shall be furnished at the rate of twenty-five cents per hundred to any person. . , , ^i . j' t ■ The enrollment blanks as soon as received by the custodian o± primary records from the voter shall be public records and shall be open to inspection and copying at any time by any person, ihey shall be kept on file for one year from the first Tuesday m Ju^e. lAs amended hy chap. 587, Laws of 1913.] 18 ■ The Election Law § 16. Duplicate enrollment books. The custodian of primary records shall annually provide a true copy, duly certified, for the state superintendent of elections and for each party of so much of the said enrollment books as will give the names, addresses and political affiliation of each voter. The said cus- todian shall, in the month of February each year, deliver one such certified copy to the state superintendent of elections and the chairman of the proper county committee of each such party. Such^ certified copies shall conform in all respects to the form of the original enrollment books, or to the portion transcribed, as the case may be. The custodian of primary records shall certify tO'Such chairman that each such copy is a correct transcript from thfe "original enrollment book, made during the days of registra- tion of voters for or at the preceding general election. '[As cumewAed hy chap. 820, Laius of 1913 amd chcvp. ?>2i1, Laws of 191-6.'i :,M§ 17. Use of duplicate enrollment books at un- official primaries. At all unofficial primary elections of a party, the certified copy of the enrollment books shall be used, and no voter shall be allowed to take part in such primary election as a resident of an election district, unless his name is upon the certi- fied copy of the enrollment book for that district, showing that he is enrolled with the party in whose primary election he seeks to participate. r § 18. Use of original enrollment books at official primaries. The original enrollment books shall be used at all official primary election, and shall be delivered, as provided in this chapter, to the proper boards of election inspectors immedi- ately before the opening of the polls on each official primary day, and shall be returned to the custodian of primary records forth- with, after the completion of the canvass of the votes. Such en- o-s-llinent books shall go into effect on the first day of January fol- lowing days of registration on which they are begun, and shall, with any additions or changes made as herein provided, remain in force until the first day of the following January, when they shall be superseded by the new enrollment books, as herein provided. [As amended hy chap. 244, Laws of 1914.] f-, §;; 19. Right to enroll and vote at primaries. JSTo Koter who has once enrolled in a political party shall be permitted to enroll in another political party before the first day of the next Eneollmewt of Voteks 19 registration. Only voters enrolled as provided in this article shall be entitled to participate in the ofiScial primary elections of their respective parties. No voter shall take part in any primary elec- tion of any party other than the party in which he shall at the time be enrolled. ■ if. § 19-a. Special enrollment after moving. If, ,aftex being enrolled as a member of a party in one election district, by original enrollment, a voter shall move into another election dis- trict in the same assembly district, he may, at any time between the first day of February of any year and the thirtieth dayrbefoiie the annual primary day, become enrolled therein as a menaber of the same party by making an affidavit before any ofiicer author^ ized by law to take the same and filing, or causing to be filed, witlj the custodian of primary records, such afiidavit which s|i£^J} specify the name of the party with which, and the election dis- trict in which he is enrolled, the street address from which said voter enrolled, if any, the election district into which he has moved and the street address of his residence therein, if any, and stating that he resides in the last mentioned election district,''-and desires to be enrolled therein as a member of such party. Except as hereinafter provided, upon the filing of such afiidavit the cus- todian of primary records shall enroll the name of snch voter in the original enrollment books for the proper election distiief; specifying the district from which he is transferred and his new residence address, and shall also make a minute, opposite thQ entry of his name in the original enrollment books of the elec- tion district from which he has removed, showing the election district to which his name is transferred. Provided, howeve^ that in any city in which the registers of electors constitute alsa the enrollment books, as now or hereafter provided by law, such voter shall appear before the custodian of primary records and deliver such affidavit in person and answer such questions concern- ing facts affecting his identity as such custodian may deem neces- sary. Such custodian shall compare the signature, if any, of 'the voter on the affidavit with his signature on the register of electors. If the voter be unable to write, the custodian shall submit to him^ in lieu of requiring his signature, the questions required for the identification statement where an applicant for registry is unabl^ to write. In such city, if the enrollment of a voter be transf errte4 and if he be able to' write, he shall also sign his name in the appropriate column of the register for the district to which he is transferred. In any assembly district of the state, if such a ^ The Election' Law transier be made, all entries relating to the. enrollment of the voter on the original books, and relating both to registry and enroUrrfent where the registers constitute the enrollment books, shall be transcribed in the books for the district to which he shall have moved. In any election district outside of such a city, the gj^gtodian of primary records may in his discretion in any case fpqijire the applicant to appear in person and answer such ques- J^jpns and, where personal registration is required, submit to such signature test as may be necessary to satisfy the custodian of his ijdentijty. Where an applicant for transfer is required either "by ihe provisions of this section or by the custodian of primary rectxrds to appear in person, in any political subdivision of the st^te, such custodian shall not transfer the applicant's enrollment unless satisfied of his identity. Such transfer of enrollment shall Jbie;WP^de but once during any year for which the original enroll- ]m,enitj,was made, l^othing contained in this section shall be deemed to qualify a person to vote at an official primary in the -jd^strict to which his enrollment is transferred if he be not a ■jcesident of such district at the time of the primary and for thirty days theretofore, and he shall be subject to challenge as provided in section seventy-two. \^Added hy cha-p. 537, Ldws of 1916.] - § 20. New or amended enrollment books for j«hanged districts. If in the interval between the days of .registration and the day of the fall primary in the succeeding ■year, a new election district shall be created, or the boundaries of -an election district shall be changed, and such change or the crea- tion of such new district is to take effect within such interval, the Egistodian of primary records shall immediately prepare new ,fenrollment books for such district from the enrollment books of (the districts covering any part of the same territory, which new enrollment books shall be given the proper descriptive number of tlje assembly district or ward, or designation of the town, and the !,(|?p,criptive number of the election district, within which they are Vto be used but shall in other respects be in the same form and ^exhibit the same facts as the enrollment books then in force in the territory comprised within such new or changed district and shall icontain the names of all the voters, as shown by the enrollment ^goks then in force in such territory, who are the enrolled voters .(5f the respective political parties within, and who are shown by isuch books to be residents of such new or changed election dis- trict. If an election district, whose boundaries are not changed, ;be given a new number or become included in a different assem- Eneollment of Votees *M bly district, ward or town, within such interval, such custbdian, before the next official primary at which the enrollment books for such new or changed election district may be used, shall appro- priately change the descriptive number on such books of'"ihe as- sembly district, ward and election district, or the designation of the town, as the case may be. The certificate of such custodian to the effect that such new or changed books are true and coriWt and in conformity with this section shall be attached thereto New enrollment books, prepared pursuant to this section, sh^ll supersede the enrollment books then in force in such territory until a new enrollment therein takes effect under the othga pro- visions of this article, and the custodian of primary records ^slial be charged with the same duties concerning the same, including the preparation of duplicate sets thereof or transcripts therefrom^ as are provided in this article with respect to books contai*ii¥(^ enrollments begun on the days of registration. This secti6n^&#l not be construed to authorize any person to vote in such new or changed districts if he shall have ceased to reside in the territo:i*y thereof at the time of the preparation of such new books therefC'r or at the time he offers his vote at an official primary therein. [Added hy chap. 537, Laws of 1916.] ' § 21. Enrollment books to be public records; tran- scripts of enrollment. 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 and by any person, except for the period during which they are re- quired 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 there^-f, on the payment of one cent for every twenty names contained m the transcript. Wherever the custodian of primary records is'^ salaried officer, the fees received by him for certifying such trans- cripts shall be paid into the public treasury. Such a certified transcript, containing the name and showing the enrollraent of any voter, shall be sufficient evidence of such enrollmeoat.''TKo custodian of primary records shall give to any voter enrolled ais in this article provided, a certificate of enrollment, which shall specify the name of the party with which he is enrolled, the date of enrollment and the election district in which such voter is en- rolled. Declarations and enrollment blanks filed by voters hMll be publiV records and shall be kept on file until one year there- after. ISo person shall be required to enroll, nor shall his faital-e 22 The Election Law to do so affect his right to register for tlie purpose of voting at any election. [As amended hy chap. 820, Laws of 1913.] § 22. Publication of enrollment. The board of elec- tions of every city of the first class containing within its bound- series more than one county shall and the board of elections of any county containing a city of the first or second class and when ali'thorized by the board of supervisors the board of elections in any other county may, in its discretion, cause to be published, for each assembly district, within a county over which such board has jurisdiction in pamphlet form, and at public expense a transcript of 'ths enrollment boots of each election district in the assembly district, omitting all entries except the names, the residence ad- dVfesses, and the party, if any, recorded opposite the respective HjEtmes. Where an independent body shall hereafter become a phrt^ at a general election held after the enrollment, of which the lists may have been published under the provisions of this section, by' the board of elections, a transcript of all entries upon the en- rollment books added thereto under the provisions, of section fif- teen relating to enrolled voters of such new party, shall be pub- lished in the manner hereinabove provided between the first Tuesday in June and the first Tuesday in July of the year in Which an enrollment is had of the members of .such new party oiiitting all entries upon such enrollment excepting the names of those enrolled with the new party, the residence addresses and the nfime of the party recorded opposite each name; provided, how- wer, that if not more than one new party shall have been thus cheated, the name of the party to which such transcript relates may be placed at the head of. the list and need not be repeated opposite each name. The board of elections shall provide all such transcripts for publication. [As amended by chap. 244, Laws of 10.14.] Ji 1 § 23. Judicial review of enrollment. If any state- ment in the declaration of any person, on the evidence of which his name was enrolled in the original enrollment books for any election district by the custodian of primary records, or if any entry opposite the name of any person in such enrollment books is false, or if any person enrolled in such enrollment books has died, OS 1 has removed from or no longer resides in such election district, my voter of the assembly district in which such election district iss located (provided such voter is himself duly enrolled with the Eneollment of Votees 23 same political party with which the person, as to whom the appli- cation is made, was enrolled) may present proof thereof by affi- davit to the supreme court, or to any justice thereof, in the judi- cial district, or to a county judge of the county, in which such election district is located. And thereupon such court, justice oj;; judge shall make an order requiring the person against or as to, whom the proceeding is institiited, unless he is shown to have died, as hereinafter provided, to show cause before such court,; justice or judge, at time and place speciiied in such order,, whyj his name should not be stricken from such enrollment book. Such order shall be returnable on a day at least ten days before a.prir, mary 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 therpfyf,;; either personally or by depositing the same in the post-o:^ce i pf j the city in which such election district is located, in a postpaid wrapper or envelope addressed to the custodian of primary recordaj at his office, and to such person by his name at his present ad- ( dress, if known, and otherwise at the address which appears in: the enrollment books for such election district. If the person I as to whose name the application is made is claimed to be dead, ' the order to show cause hereinabove provided for shall be directedr to the custodian of primary records,, and service thereof neecj:;. only be made upon such custodian of primary records, such- service to be made in the manner heretofore in this section speci-, fied; 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 stricken from the enrollment books shall not b^r made unless the affidavit presented to the court, justice or judgeo by the voter instituting the proceeding shall state that such voter* has personal knowledge of the death of the person with respect' to whose name the application is made and unless such affidavit is substantiated either by a certificate of the health department or by other competent evidence of such death. The custodian of ■ primary records shall produce before the court, justice or judge,! the original enrollment declaration subscribed by the person against or as to whom the proceeding is instituted. The courtji justice or judge shall hear the persons interested, and if it appears^ by sufficient 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, of any statement opposite his name in the original enrollment books, 2| The Electioit Law is false, or that such person is dead or has removed from or no longer , te^ides in the election district for which he is enrolled, shall order the name of such person stricken from the enrollment books, except as hereinafter provided. If at such hearing the per- son against whom the proceeding is instituted shall produce evi- d'eiice that the custodian of primary records has incorrectly copied ipi'to the enrollment books the data contained in the declaration of sxmK person, and that if correctly copied such person would be S-ititled to be enrolled in such election district, such order, instead ^f ' recfuiring his name to be stricken from the enrollment books, shall irequire the correction of the enrollment books in accordance #ith'^such evidence. In either case the order shall require the eiifetodian of primary records to strike such name from the enroU- Wetit books, or to otherwise correct such enrollment books in ac- OiSWjknce with such order. Upon the correction of such enrollment booki 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 enrollment books has been delivered in pursuance of section sixteen of this chapter. § 24. Correction of enrollment ivitli respect to per- sons not in sympathy witli party. If any person is not in sympathy with the principles of the political party with which S]ioh person is enrolled, any voter of the assembly district in which suchjelection district is located (provided such voter 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 aifidavit to the chairman of the county general committee of the political party with which the voter enrolled, and thp/chairman of such county general committee shall issue a notice requiring the person against or as to whom the proceeding is ing^tituted to show cause before such chairman of the county general committee, or a subcommittee appointed by such chair- man,, at a time and place specified in such notice why his name, should not be stricken from such enrollment hooks. Such notice shall be returnable on a day at least fifteen days before a primary election, and a copy of the affidavit 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 post- office of the city in which suoh election district is located, in a Eneollmeitt of Voters S3 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 enrollment books for such election district. The chairman of such committee shall in his discretion personally hear the persons interested in the proceeding or appoint a subcommittee to take testimony, and in such event the action of the subcommittee sha,Tl not be final unless approved of by the chairman of such couj^ty general committee, and if it appears by sufficient evidenq^r,tha]t, such person is not in sympathy with the principles of the political party with which such person enrolled, the chairman of the couajfy, general committee S'hall cause to be filed a certificate with the board of elections or with the custodian of primary records settingr forth reasons why the name of such person shall be stricken fTom. the enrollment books, together with a record of the proceedifagS' had in the matter. It shall be the duty of the board of elections or the custodian of primary records to make application to the. sia-^ preme court or to any justice thereof in the judicial district,' 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 proceeding is instituted to show cause before such court, j-^s- tice 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 confirmed. 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 the manner^ hereinbefore provided. The said court, justice or judge shall hav6'i power to examine fully into the proceedings taken before such chairman or subcommittee and to receive affidavits or other evi-' dence as to the manner in which such proceedings were conducted;'-' and shall determine whether or not said proceeding was fairly con-'j ducted and the finding made therein was made upon sufficient" grounds upon the merits, and he may approve or disapprove siTch >■ finding as shall seem to him to be required to do substantial justice^ to the party against whom the proceeding was instituted and with-- out regard to technical requirements. 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 ^^ I to the custodian of primary records requiring the name of tW^ voter to be stricken from the enrollment books. -3 26 The Election Law § 25. Investigation of enrollment. Whenever tlie state superintendent of elections shall require, it shall be the duty of the chief' of police and of every captain, in every city of the state to forthwith cause an investigation of each name enrolled in his "precinct to be made and to report to the state superintendent of 'Sections, at his office, in such city or at such other office as the ^state superintendent of elections may in writing designate any ^ase of false enrollment there found. It shall be the duty of the board of elections of the county or of such city to furnish to the chief of police and police captain a printed or typewritten list of the enrolled voters of such city and afford necessary facilities, including clerical assistance, to either such chief of police or police captain, to transcribe the whole or any part of the enroll- 'ment list, in aid of the duty of investigation imposed on him under the provisions of this section. [Added by Chap. 537, 'Laibs of 1916.] 1 ARTICLE 3 Party Org-anizatiou '^Section 35. Party committees. 36. State committee. 37. County committee. 38. Election of members of state and county committees. 39. Formation of committees other than state or count;' committees. 40. Organization and rules of committees. ^j/ 41. Review of election of committees. 42. Eemoval of member of committee. 43. Vacancies in state or county committees. § 35. Party committees. Party committees shall consist of a state committee, county committees, and such other com- mittees as the rules and regulations of the party may provide. lAs amended by chap. 820, Laws of 1913.] § 36. State committee. The state committee of each •party shall be constituted by the election from each assembly dis- trict of one member who shall be an enrolled voter of the party within said district. Each member of a state committee shall be ehtitled to one vote. 1 Entire article amended by chap. 891, Laws of 1911. 2 Schedule of aection headings amended by chap. 820, Laws of 1913. Paety Oeganizatioit 2T In case of tlie death, declination, disqualification, removal from district, or removal from office of a member of a state committee or the failure to elect a member as by reason of a tie vote, the vacancy in such state committee caused thereby shall be filled. by the remaining members of such state committee as provide^.,!^ section forty-three of this chapter. In the event of a change of the boundaries or designation of assembly districts after the election of members to such statp committee, members thereof shall represent for the balanee of their term, the district in vrhich they reside, provided th§re i^ only one such member resident in such district. If no member, or more than one member, be resident in such district so changed, a vacancy from such district shall be deemed to, exist v^hich shall at a meeting, of which every member shall have three days' n,o;ti^ by mail from the chairman of the county committee, be filled, by the members of the county committee residing in such assembly district until the next official primary election, at v?hich time such vacancies shall be filled by election in the" manner provided in this chapter for the balance of such term. [As amended hy chap. 4, Laws of 1912, cJiap. 820, Laws of- 1913, and chap. 537, Laws of 1916.] § 37. County committee. The county committee of each party shall be constituted by the election in each election district within such county of at least one member, and of such additional members as the rules and regulations of the party may provide for such district, proportional to the party vote in the district for governor at the last preceding gubernatorial election, or in case the boundaries of such district have been changed or a new district has been created since the last preceding gubernatorial election, proportionate to the party vote cast for member of assem- bly at the last preceding general election; or, if no additional members are required by the rules, the voting power of each mem- ber shall be in proportion to such vote. Each member of a coun1^ committee shall be an enrolled voter of the party residing .in tlie assembly district containing the election district in which be is elected. Each member of a county committee shall be entitled to one vote. ' In case of the death, declination, disqualification, removal from district or removal from office of a member of the county committee, or the failure to elect a member, as by reason of a tre vote, the vacancy in such county committee caused thereby shall • be filled by the remaining members of such county committee as 2@S The Election Law provided in section forty-three of this chapter. [As added by chap. 8^0,' Laws of 1913 and amended by chap. 104, Laws of 1916.J'' '■ si' 38. Election of members of state and county com- il^ittees. Members of the state and county committees shall be elected at official primary elections as herein provided^ for. Mem- bers of the state committee shall be elected biennially in each even mimbered year. Members of county committees shall be elected anniiaUy. -,]^embers of both committees shall be elected at fall primaries, except that in a year when a president of the United States is toibe elected, such members of committees shall be elected at the Epiring primary. The members of either committee shall hold office until the election of their successors. [As amended by chap. 4, Law's of 1912, and chap. 820, Laws of 1913.] '§; 39. Formation of committees other than state or county committees. All committees other than state and county committees shall be formed in the manner provided for by t^, rules and regulations of the party. [As added by chap. 820, Lfiws of 1913.] § 40. Organization and rules of committees. Every state and county committee, shall within fifteen days after their election meet and organize by the election of a chairman, treas- urer and secretary, and such other officers as its rules may pro- vide, and within three days thereafter file with the secretary of state and the board of elections of the county a certificate stating the names and post-office addresses of such officers. Each committee may prepare rules and regulations for the government of the party and the conduct of the official primaries within its political subdivision, which may include the payment o£'dues. Within three days after the adoption of such rules and regtilations a certified copy of the same shall be prepared and filed by the. secretary with the custodian of primary records for the political subdivision for which such committee is to serve. Such rules shall continue -to be the rules and regulations for the com- mittee until they are amended or new rules adopted. Such rules and regulations may be' amended from time to time by majority vote of the committee upon the following notice: A copy of the proposed amendment shall be sent with the notice o£ the meeting at which such amendments are to be proposed, such DsiSIGNATIOlsrS AND NOMINATIOWS Wl notice to be not less than five days before such meeting, apd to be mailed at the post-office address of each member of the com- mittee. Until the adoption of s^^ch rules and regulations, the rules and regulations of the existing committee, so far as con- sistent with this chapter, shall continue to be the rules and regufei- tions of the party for that political subdivision. [As ame'hMy^ hy chap. 820, Laws of 1913, and chap. 537, Laws of 1916.] . jio' ,-,■..'1 § 41. Review of election of committees. The elet/tititfi of members to any party committee may be reviewed by suiAtnary; proceedings before the, supreme court or a justice thereof, aSl^vo- vided for in section fifty-six of this act, upon the petition of fany) person qualified to vote at the primary election of the party whichi such committee represents. [As amended by chap. 4, Laws ofi 1912, and chap. 820, Laws o/.1913.] ■ y f!io § 42. Removal of member of com.inittee. A menjber of a party committee may he removed by such committee, for dis- loyalty to the party or corruption in ofiice, after notice and a hear-"' ing upon written charges, to be heard by the committee or a sub-' committee thereof appointed for that purpose, which shall repo¥^^ its findings to the full committee. The action of any committee in removing a member thereof as herein provided for may be T,e- viewed in a summary proceeding before the supreme court or by a justice thereof, upon a petition of the person so removed. [As amended hy chap. 820, Laws of 1913.] § 43. Vacancies in state or county committees. Except as otherwise provided in this article, where a vacancy. occurs in any state or county committee, such vacancy shall be filled by the remaining members of said committee by the selecr tion of an enrolled voter of the party qualified for election from^^ the unit of representation as to which said vacancy shall hav^;^ occurred. [As added by chap. 820, Laws of 1913, and chap. 537,', Laws of 1916.] V. , i lARTlCIiE 4 . "i Party Nominations and Desig^nations .^r^ ^Section 45. Direct nomination of candidates for public officej. m 46. Designations; how made. ^;,v7 1 Entire article amended by ctap. 891, Laws of 1911. . ,„-,o 2Scliedule of section headings and title amended by chap. 820, Laws of 1913.) 30 The Election Law Section: 48. Designations by petition. ' 49. Filing of designations. 50. Declination by person designated. 51. Certification by secretary of state. 52. Vacancies in desig-nations, how filled. 53. Delegates to national party conventions. 54. Presidential electors. 55. Existing state and county committees continued. 55-a. Objections to designating petitions. 56. Contests ; judicial review. 58. Official primary ballot. i § 45. Direct nomination of candidates for public oiRtie. Party nominations for all offices to be filled at a general election, except town, village and school district offices and electors of the president and vice-president of the United States, shall be made at the fall primary next preceding such general election by the enrolled voters of the party as in this chapter provided. !Xomi- nations of party candidates for town, village and school district offices shall be made in the manner prescribed by the rules and regulations of the county committee of the county wherein such town, village or school district is located. ISTominations of party candidates for city offices to be filled at an election held at a different time from the general election shall be made directly at jmofficial primaries by enrolled party voters. ISTothing contained in this chapter shall prevent a party from holding party conventions, to be constituted in such manner, and to have such powers in relation to formulating party platforms and policies and the transaction of business relating to party affairs, as the rules and regulations of the party may provide, not iiiconsistent with the provisions of this chapter. Delegates to any such convention and members of party committees, other than members of state and county committees, shall not be chosen at official primaries or otherwise at public expense. \_As added ly chap. 891, Laws of 1911, arid amended ly chap. 820, Laws of 1913, and chap. 5, Laws of 1914.] . §46. Designations; how made. Designations of candi- jiates for party noimnations or for election to party positions shall J?e. by petition only, in ithe manner provided by this chapter. [As added hy chap. 820, Laws of 1913.] Designations and Nominations 31 ni: § 48. Designation, by petition. 1, Every petition for the designation of a candidate for party nomination or iqp elec- tion to a party position shall be in substantially thes following form: I, the undersigned, do hereby certify that I am a duly enrolled voter of the party, as hereinbelow specified, and entitled to vote at the next primary election of said party, that my place of residence is truly stated opposite my signature hereto, and I do hereby designate the following named person, or persons, as a candidate, or candidates, for nomination by the party for public office, or offices, or as a candidate or candidates for election to the position or positions, of the said party to be voted for at the official primary election to be held on the day of ., A. D., , as hereinafter specified, and it is my intention to support at the ensuing primary the can- didacy of the person or persons and each of them herein. ,books, in pri- mary districts outside of cities of over oue million inhabitants. The provisions of this section shall apply only to primary districts outside of a city having over one million inhab- itants. Each primary poll-clerk at each polling place at an ofBcial primary election shall have a poll-book for each party in each election district within the primary district for keeping the list of enrolled voters voting, or offering to vote thereat at the primary election. Each such book shall have columns headed respectively "number of enrolled voter," "name of enrolled voter," "resi- dence of enrolled voter," " nuraber on ballots delivered to enrolled voter," "number on ballot voted," and "remarks." Upon each delivery of an official primary ballot by the primary ballot clerk to an enrolled voter, the primary poll-clerk shall enter upon the poll-book of the election district in which the enrolled voter resides, in the appropriate column, the number of the en- rolled voter, in the successive order of the delivery of the ballots thereto, the name of the enrolled voter in the alphabetical order of the first letter of his surname, his residence by street and num- ber, or if he have no street number, a brief description of the locality thereof, the printed number upon the stub of the ballots delivered to such enrolled voter, and the number of the ballot voted by him. If the ballot delivered to any enrolled voter shall be returned by him to the primary ballot clerk, and he shall obtain a new ballot, the primary poll-clerk shall write opposite his name on the poll-book in the proper column, the printed number of the stub of such ballot. Each primary 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 re- ceived assistance in preparing his .ballot and shall also enter upon the poll-book opposite the name of such person the names of the primary officers or persons who render such assistance, and the cause or reason assigned for such assistance by the elector assisted. As each enrolled voter offers the ballot which he intends to vote to the primary inspector, each primary poll-clerk shall report to the primary officers whether the number entered on the poll-book kept by him as the number on the ballot last delivered to such enrolled voter is the same as the number on the stub of the ballot so offered. As each enrolled voter votes, each primary poll-clerk shall enter in the proper column on his poll-book the number on -the stub of the ballot voted. Upon the close of the polls of the primary election, the primary poll-clerks and all primary officers 50 - The Election Law shall compare the poll-books with the enrollment books or regis- ters apd correct any mistakes found therein. [As amended hy chap. 678, Laws of 1915.] ". § 78-a. Primary poll-clerks and poll-books in cities of over one million inhabitants. 1. The pro- visions of this section shall apply only to primary districts within a city having over one million inhabitants. 2. In every such city each primary poll-clerk at each polling place at an official primary election shall have a poll-book for keeping the list of enrolled voters voting or offering to vote thereat at; the primary election. In each primary district of such city the poll-book shall be arranged in columns as provided in this section, and the leaves of such poll-book shall be indexed from A to Z. Columns one to seven inclusive shall be arranged upon the left hand pages of said book, and the remaining columns upon the right hand pages. The first column of the poll-book shall be entitled "number of voter voting at the primary," and in such column, as the name of each enrolled voter voting at such primary is recorded, shall be entered a number opposite the name, begin- riiiig with "one" opposite the name of the first voter voting at the primary of any party in such election district and continuing in numerical order to and including the last voter voting at such polling place. The second and third columns shall together be entitled "name of enrolled voter," with the respective sub-titles ^^'surname " and " given name or names." As the enrolled voters in the respective parties present themselves to vote at such pri- mary the surnames of such voters shall be entered in such second column in the alphabetical order of the first letter of such names f>n. the pages bearing the index letters of such surnames: In the third column shall be entered the christian or given name or names of such voters respectively. The fourth column shall be ^titled " residence of enrolled voter," and in such column shall ^^,, entered the residence of each such voter. The fifth column shall be entitled "party of enrolled voter," and in such column ^hall be entered the name of the party in which each such voter is enrolled and in whose primary he is participating. The sixth pplumn shall be entitled " signature of enrolled voter (or number of .identification statement)," and above each horizontal line in S,a,id column shall be printed the words " The foregoing entries fT?, V"^ ^^^ correct," and in such column, below such words printed above the line on which his name is entered each voter participating in the primary shall sign his name by his own hand Peimaey Elections; Canvass of Eetdens 51 and without assistance, using an indelible pencil or ink, or in default of such signature (in case only of inability to sign as hereinafter provided) shall be entered the number of such votei''s identification statement. The seventh column shall be entitled " signature compared by inspector," and before the voter shall receive a primary ballot, one of the inspectors, other than the inspector who receives the primary ballots from the enrolled voters, shall compare the voter's signature then and there made in such poll-book with the same voter's signature theretofore made in the registration book on registration day, and such inspector shall then and there sign his initials in said seventh column in evi- dence thereof. The eighth, ninth and tenth columns shall be grouped together under the title " number of primary ballot deliv- ered to enrolled voter " with the respective sub-titles "first ballot,'' "second ballot," "third ballot," and in such column or columns^ beginning with the eighth, shall be entered the number on the ballot (or successive ballots) delivered to such voters respectively.' Then shall follow as many columns as there are parties holding a primary in such election district, grouped together under the title " number on primary ballot voted," and at the top of each column shall be printed the name of one of such parties, the party nam?? to be arranged in the order of the size of their respective vote for governor at the last preceding general election, the party casting the highest number of votes for governor to come first, and so on; and the number upon the ballot voted by ea,ch such enrolled voter shall be entered in the column bearing the name of the party whose ballot he casts. The last column in such poll-book shall be entitled "remarks regarding challenges, oaths, and other fapt's required to be recorded," and in such column shall be entered, opposite the name of each voter, such record of challenges, oaths, and other facts relating to him as this law requires to be entered in the poll-book and are not otherwise provided for. 3. The procedure with respect to recording in each such poIIt book the names of and other particulars concerning the enrolled voters presenting themselves to vote at any primary, obtaining, comparing and certifying to their signatures prior to the delivery of ballots to them, or obtaining identification statements in lieu. of such signatures, recording and announcing the ballots deliverec( and voted, making and recording challenges, and all other pro-' cedure with respect to the taking of the vote at any party primary shall be the same as that prescribed for the general electipn,, and except as otherwise provided in this article, all provisions of arti^ cle ten of the election law applying to the taking of the vote' at "a |.a The Electiqs' Law ;., ggagral. election shall apply equally to each .party; primary^ [Ak added by chap. 6Y8, Laws of 1915.] '• ^'§79. Ballots, booths, books, blanks and supplies. The custodian of primary records shall have for each party printed b^Ufrts for each election district equal in number, as near as may fii/'to one and one-third times the total number of enrolled voters of iie party in the election district, prepared as herein described, Such ballots and the sample ballots and the original enrollment books, poll-books, blanks and stationery shall be delivered by the board of elections, at its office on the Saturday before the primary 6l'6Ction for which they are needed to each town or city clerk in ffi.^ fcoiinty, except in New York city and in the city of Buffalo. it i^' hereby made the duty of each such town or city clerk to call k't'the office of such board at such time and receive such ballots and supplies. Each such town or city clerk shall deliver to the proper polling places in their city or town the ballots and such sifpplies for such primary election, at least one-half hour before ffie'time fixed for opening the polls. In the cities of New York filia, Buffalo, such custodian shall cause such supplies to be deliv- ered to the proper primary officers at the various polling places at Feast one-half hour before the time fixed for the opening of the phils. The polling places, voting booths, guard-rails, distance markers, ballot boxes, sample ballots, poll-books and other sup- tilies required for official primary elections shall be provided and paid for by the same officers, and in the same manner, as in the cpS of general elections. At all official primary elections a sep- itfkW ballot box with the name and emblem of the party and with the iiumber of the election district clearly and conspicuously writ- ten or printed thereon, shall be provided at each polling place for each party participating in a primary election at such polling likce ; a.nd there shall also be a large box for the reception of un- TOted ballots and an additional box for detached ballot stubs and there shall be affixed to the outside of the polling place and in at kast two places on the inside thereof, and in a conspicuous man- lier,, placards printed with large-sized bold-faced type, which shall specify the name of the parties whose primary election is being tield'in such polling place. Sample ballots shall be provided by tjie-custodian of primary records for each party for each election district, equal in number, as near as may be, to twenty-five per q^jitum of the number of official ballots required to be furnished ;(qr;such party for such election district. Such sample ballots Peimaby ELJBCfTio]#s ; Canvass of Retuens §■§ sfHaJl be pximtqd-ion paper different in color from the paper W^ for the official ballot, and there shall be no numbers upon the «ttob» thereof,, but in all other respects such sample ballots shall be pre- cisely, like, the ^offioj^l ballets. .One of such, sample ballots sk-9,lljjbe furnished upon application at any time on primary day to _^j.y voter entitled to vote the ballot of which he requests a sampl^.\ .^ j The custodian of primary records shall prepare aiid furni^ for each board of primary election inspectors two tally .^sbeeft blanks and two statement of result blanks for each party who^ primary election is under the jurisdiction of said board of priy mary election inspectors. Upon each of said blanks shall Ij^riig^^ dorsed the name of the party, the name of the county, the nuiri|>^ of the assembly district or ward, or the name of the town, and wfl number of the election district for which said blank is to be.u^ed. Each such tally sheet shall consist of three columns sepay^t^d from each other by vertical lines running from top to bottom^ jij each page of the tally sheet. In the first column shall be pjfjjpjj^g the title of each public office for which a candidate is to be fljBmir nated, and, in the case of the party tally sheets, the name of ^^^ party position to which members are to be elected. Undei* the name of each public office, on the party tally sheets, for whiqli candidates are to be nominated and on the same page shall,l)fl| printed, in alphabetical order, the names of all candidates foir the nomination therefor. Under the name of each party position oil the party tally sheets and on the same page shall be printed,, ;iil alphabetical order, the names of all candidates, for eleotiQu thereto. On all the tally sheets, under the names of the groug„pjf candidates for each public office or party position, shall be printed, each on a separate line, the words " blank; " and " void " and tfe? phrase " total number of votes cast for this office (or position),,'? and imder such phrase shall be left several blank spaces for writ^ ing in names not printed on the ballot. Each name and each m.ih word, phrase or space upon said tally sheet shall be separated irom each other name and each other such word, phrase or space neiit thereto by parallel horizontal lines extending from one side of -this sheet to the other. The second column upon the tally sheet, shall be headed, at the top of each page thereof, " Space for tally -ta canvass progresses." The third column in like manner shaB-%6 headed " Space for total number of votes received by- ealftf candidate." ' "'"^" Each such statement of result sheet shall consist of tW6"cdfl- umns separated from each other by a vertical line running -ffa^ai M The Election Law top to bottom of each page of the sheet. In the first column shall b'e printed the title of each public office, and, in the case of the patty statement of result sheets, the name of each party position, and the names of all the candidates therefor, which shall be printed in the same manner and order as upon the tally sheet in the first column thereof. All names shall be separated from each other by parallel horizontal lines. At the head of each statement of result sheet shall be printed the following : " Statement of result of the vote cast at the ofiicial primary election held on the day of (the blanks being properly filled)," and there shall also be printed the name of the county, the number of the assembly district or ward, or the name of the town, and the num- ber of the election district. At the foot of each such statement of result sheet shall appear the following certificate to be signed by tlie. primary election inspectors: I ," We hereby certify that the foregoing statement of result is tru,e and correct in all respects. Board of primary election inspectors." ^,A11 pages of each tally sheet and of each statement of result sheet shall be securely bound together in convenient form. [As amended by chap. 891, Laws of 1911, chap. 820, Laws of 1913, and chap. 244, Laws of 1914.J § 80. Delivery of ballots and manner of voting. No V9ter at a primary election shall be given or be allowed to mark of, cast the ballot of any party with which he has not enrolled. The folding and delivery of ballots and the manner of voting shall be the same as prescribed for the folding and delivery of ballots and the manner of Voting prescribed by the provisions of this chapter relating to general elections so far * the same may be applicable, excepting that each ballot after detachment of the stub by the officer charged with that duty shall be deposited in the separate box provided for the party designated on the ballot, and. such officer, in addition to announcing the name of the voter aud number of the stub, shall also announce the party name thereon. ^ "^ * So in original. Peikary ELECTioiirs; CAiirvAss of Eetuens 55 § 81. Unofficial ballots. If, for any cause, the officiali ballots for any party shall not be provided as required by la-w; at: any polling place, upon the opening of the polls of any primary election thereat, or if the supply of official ballots for any pa^-);y, shall be exhausted before the polls are closed, unofficial ballot^,^ printed or written, made as nearly as practicable in the formofth^ official ballot, may be used. § 82. Preparation of ballot by voters. The voter, on retiring to the voting booth, shall prepare his ballot in the follow- ing manner : He shall make a cross X mark in the voting square at the left of the name of each candidate for whom he desireg to vote. A cross X mark is any straight line crossing any other straight line at any, angle within the voting space and no balibfi' shall be declared void because a cross X mark thereon is irregular in form. It shall not be lawful to make any mark on the ballot other than a cross X mark for the purpose of voting, and such mark shall be made only with a pencil having black lead, and only m the voting space to the left of the name of a candidate; except that the voter may write with a pencil having black lead in the blank space under the title of the proper office or party position the name of any person or persons for whom he desires to vote, whose name or .names are not printed upon the ballot; not exceeding with the ca"ndidates for whom he has voted by cross X mark the total number of persons by whom such office or positioi) is to be filled. It shall not be lawful to deface or tear a ballot in any manner, nor to erase any printed name, device, figure, word or letter therefrom, nor to erase any mark made thereon by such voter nor inclose in the folded ballot any other paper or any ar- ticle. If the voter deface or tear a ballot, or wrongly mark the . same or make an erasure thereon, he may obtain one additional^ ballot on returning to the ballot clerk the one so defaced or wrongly ^ marked. [As amended hy chap. 820, Laws of 1913, and chap, , 537, Laws of 1916.] ' ' J'' § 83. Persons within tbe guard-rail. From the tiihe^ of the opening of the polls, until the result of the canvass of the,. votes cast thereat shall have been announced, and the official state;',";; ments of such canvass shall have been signed, the ballot bosses'; and all voted ballots shall be kept within the guard-^ail. BTo" person shall be admitted within the guard-rail during such period,; except primary election officers, duly authorized watchers, persona admitted by the inspectors to preserve order or enforce the law, 56 The Election Law and persons duly admitted for the purpose of voting; provided, (however, that any candidate voted for may be present at thb canvass of the votes. § 84. W^atchers; challengers; electioneering. The -ballot and other boxes used at any primary shall be examined by the inspectors in the presence of the watchers, if any, before any ballots are received. One watcher 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 ballot to be voted at such primary election. Such watchers may be present at ■aiiiich polling place and within the guard-rail from at least fifteen -minutes before the examination of any ballot or other box at the ■opening of the polls of such primary election until after the an- inouncement of the result of the canvass of the votes cast thereat Land the signing of the statements thereof by the inspectors. 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 ofiicial ballot at such i primary election, shall be permitted to remain just outside the tguard-rail of each such 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. . ISTo 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. [As amended ■hy chap. 820, Laws of 1913.] , § 85. Canvass of votes. As soon as the polls at any official primary election shall close, the primary inspectors shall forth- with publicly canvass and ascertain the result thereof, and they ,.shfdl not adjourn or postpone the canvass until it shall be ,, fully completed. _ All questions touching the validity of ballots Of tbeir conformity with the provisions of this chapter shall be determined by a majority vote of the primary 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 during 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 Peimaey Elections; Canvass of Rettjens S^Ti primary inspectors shall proceed to canvass the vote by counting the Ballots found in the ballot boxes without unfolding theni, except so far as to ascertain that each ballot is single, and 'bj comparing the ballots found in each box with the number shown by the enroUnient book to have been deposited therein. If 'the ballots found in any box shall be more than the number of ballotfe 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 onb of the inspectors designated by the board shall, without seeing the ' same and with his back to the box, publicly draw out as inany ballots as shall be equal to such excess, and, without un- folding them, forthwith destroy them. If two or more ballots shall be found in a ballot box so folded together as to pr^sqnt 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 enrollment book 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 ballots shall not, together with the ballots found in the proper ballot box, make a total of m^re" ballots than are shown by the enrollment book to have been- de- posited in the proper box. The chairman only of the looavA of primary officers shall unfold the ballots taken from a baUot box. When a ballot is not void, and a primary election iai- spector or a duly authorized watcher shall, during the canvass of the vote, declare his belief that any particular ballotj has been written upon or marked in any way for the purpose of identification, the inspectors shall write on the back of such 'Fal- lot " Protested as marked for identification," and shall specify over- their signatures upon the back thereof the mark or maiflv- ings upon such ballot to which objection is made. The vptps upon each such ballot shall be counted by them as if not so prio- tested. If any ballot shall be rejected as void, the reason for such rejection shall be written on the back thereof by the chalx- man or by an inspector designated by him. All balkts rejected as void, and all ballots protested as marked "Ipr identification, shall be enclosed ia a separate sealed package, which shall be endorsed on the outside thereof with the nanT.es of the inspectors, the designation of the election district,; ;a|icl S8 The Election Law the number and kind of ballots contained therein. Such package shall be filed by the chairman with the original statement of the canvass. A stat^nent of the number of ballots of any party pro- tested as marked for identification, and of the number thereof 'rejected as void, shall be included in each of the statements of the result of the canvass for such party. 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 iu 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 hands. [As amended by chap. 820, Laws of 1913.] § 86. Intent of voters. If the voter marks more names than there are persons to be nominated for an office or elected to a party position, or if for any other reason it is impossible to deter- mine the voter's choice of a candidate for a party position or for nomination for an office, his vote shaU not be-eoanted Jherefor t^ shall be returned as a blank vote for such nomination or parW" position. .A void ballot is a ballot upon which there shall be found any mark other than a cross X mark made for the purpose of voting, which voting mark must be made with a pencil having black lead, only- in a voting space to the left of the name of a candidate; or one upon which anything is written other than the name or names of any person or persons not printed upon the ballot, for whom the voter desires to vote, which must be written in the blank space under the title of the proper office or party position with a pencil having black lead ; or one which is defaced or torn by the voter ; or one upon which there shall be found any erasure of any printed device, figure, letter or word, or of any name or mark written thereon, by such voter; or in which shall be found in- closed a separate piece of paper or other material ; and upon such ballot no votejEor-any candidate thereoe shall be counted. Any B-t'raight line crossing any other straight line at any angle within a voting space shall be deemed a valid voting mark ; but no ballot shall be declared void because a cross mark thereon is irregular in form. [As amended hy chap. 820, Laws of 1913, and chap. 537, Laws of 1916.] i§ 87. Proclamation and statement of result. Immediately upon the completion of such canvass, the board of primki^y inspectors in each primary district shall make public oral Peimaey Elections; CABrtAss of Returns 59 .proclamation of the result thereof, and shall make upon the state- ment of result sheet for each party a written statement of such result for each election district in such primary district, and also » duplicate thereof, which shall be known as the duplicate statement. Immediately after the completion of such statements, such board shall file the originals thereof with the custodian of primary records, and shall file the duplicate statements with the clerk of the city, town or village. , , In cities having more than one million inhabitants the board of primary inspeQtors shall also make and sign a police return of the vote at the primary similar to that required at the generaj election by section three hundred and seventy-two of this chapter, and such return and its contents shall be treated in the same man- ner by the same officers as is provided in that section with respe^j; to the statement of the result of the canvass of votes on election day to be delivered to the police. [As amended 'by chap. 678, Laws of 1915.] , § 88. Preservation of records and papers. At aE reasonable times any watcher shall have reasonable opportunity to make a transcript of any such statement, or' any portion thereof, and any candidate shall be entitled to receive, upon demand, a written statement showing the result of the primary election so far as he is concerned. After the close of the canvass of the votes at official primarj' elections, the ballots of each party cast thereat, except thfe protested, void and wholly blank ballots, shall be tied together, labeled and replaced in the ballot boxes from which they were re- spectively taken, and such ballot boxes shall then be securely locked and sealed, and, together with the box containing the stubs, shall be returned to the officer from whom they wer« 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 eleotibn> and until all suits or proceedings before any court or judge touoli-i ing the same shall have been finally determined, when the ballots and stubs shall be removed and without examination, destrdye* In the case of a contested nomination for office or a conteatad election to a party position any candidate shall be entitled as' ol right to an examination in person or by authorized agents of any primary ballots upon which his name lawfully appeared ag #at of a candidate; but the court shall prescribe such conditions,. . asj of notice to other candidates or otherwise, as it. shall deemi tft^ba IgiO The Election Law ifeeCtessary and proper. The custodian of primary record* 'shall •jweeerve for at least two years all books, records, petitions, objee- ■ti^s, leertificates and papers filed with him under any provision of law for a period of at least two years, at the expiration of which '^"toe all such books, records, petitions, objections, certificates *and *j^ipers may be destroyed by such custodian. [As amended hy chap. 820, Laws of 1913.] H. § 89. Canvass of statements of results; certificates of election to party position. 1. Canvass by custodians 'of primary records. The custodian of primary records shall "forthwith proceed to canvass the statements of results filed with him as provided in this article, and shall complete such canvass within one hundred and twenty hours from midnight of the day iip'on which the primary election was held. ■"'■He shall canvass separately the votes cast in each election dis- ti-iet by the enrolled voters of the several parties respectively. The candidate for a party nomination to public ofiice, or for "election to a party position, to be filled by the voters of a terri- ttey wholly within an election district, ward or town, who has received the highest number of votes cast in the primary election ^1^' a' party in such election district, ward or town, shall be the nominee of said party for such public office, or shall be elected -to 'such party position. Said custodian shall deliver upon request to'kich candidate, if h© be elected to a party position, a certificate of his election. = The candidate for a party nomination to public office, or for ^feledtion to a party position, to be filled by the voters of a district %hblly within the jurisdiction of a custodian of primary records and greater than an election district, ward or town, who has re- ceived the highest number of votes cast in the primary election ^|> a,>party in such district shall receive the nomination of said ..party for the public office, or be elected to the party position, for which he was designated or voted for. The custodian of primary -Pfficords shall deliver upon request to such candidate, if he be elBcted to a party position, a certificate of such election. ,, , I iThe custodian of primary records shall duly certify to the secre- -tary ,of state a statement of the vote cast in the county in the primary election by the enrolled voters of each party, respectively, .ifoju all candidates for nomination for public office, or for elec- tion to party position, whose designations are required by this Peimaey Ei^ections; Canvass of Eetuens (SI Ibbft^pter ta.te filed in the office of the secretary of state. Sia^ ■statement shall be filed by such custodian in the office of the secre- tary of state within one hundred and twenty hours from midni^t ©f the day on which the primary election was held. r ' }o ' . 2. Canvass by the secretary of state. The secretary of ai^^ .shall forthwith proceed to canvass the certified statements so.fiM with him, and such canvass shall be made separately as to the can- didates of each party. •The candidate voted for at an official primary election whoias the highest number of votes shall receive the nomination of said party for the public office, or be elected to the party position, fqr which he was designated or voted for. The secretary of state shall forthwith transmit to each candidate elected to a party pfl^j- tion a certificate of such election. , i ;-7j. 3. A certificate of election to party position at an official pri- mary of a party duly issued as herein provided shall entitle f the person to whom it is issued to membership in the committee or, tp a seat in the national convention to which he is elected. Upon the completion of said canvass to be made by the secretary; [@f state, he shall prepare certified statements of the result ofr-tbe primary election of each party participating therein. ' tj 4. The statements of result of any official primary election filed or prepared in the office of a custodian of primary records or.Qf the secretary of state showing the nomination of a party candida,te for public office at an official primary election shall be equivalent to a certificate of his nomination, and no other certificate of nopa- ination shall be required to be filed for any such candidate so, nominated. [As added by chap. 891, Laws of 1911, and am&nd^ by chap. 820, Laws of 1913, chap. 244, Laws of 1914, and 'ph'(ip- 537, Laws of 1916.] ; , , § 90. Filling vacancies and determination of tie vote after primaries. A vacancy in a nomination for public office made at a primary election shall be filled as follows : A' Va- cancy caused by the declination, disqualification or death of & can- didate, or by a tie vote, shall be filled by a majority vote 'of a quorum of the state committee, if the vacancy occur in a nomina- tion for an office to be filled by all of the voters of the state, arid otherwise by the members of the county committee or committers elected at such primary in the political subdivision in which sii^sli 6^ The Election Law vacancy occurs, or by such other committee as the rules and regu- I,^tions of the party may provide. Certificates of such nomination ghall be filed in the office in which a designation of a candidate for such office is required to be filed. [As ameTided by chap. 820, Laws of 1913.] § 91. Party nominations for special elections and to fill certain vacancies. Party nominations to an office to be voted for at a special election shall be made in the manner prescribed by the rules and regulations of the respective parties. A party nomination of a candidate for a vacancy in an elective office required to be filled at the next general election, occurring after the expiration of the period provided for the delivery by the chair- man of a general committee to the custodian of primary records of the certified statement provided for in section seventy-five, shall be filled by a majority vote of a quorum of the state committee, if the vacancy occur in a nomination for an office to be filled by all the voters of the state, and otherwise by the members of the county coiimittee or committees elected in the political subdivision in which such vacancy occurs at the official primary preceding the general election at which such vacancy is to be filled or by such other committee as the rules and regulations of the party may provide. [As amended by chap. 820, Laws of 1913.] .;,§ 92. Unofficial primaries. Notice of all unofficial pri- mary elections shall be given in the same manner as in the case of official primary elections, except that such notice shall be given by the proper party officers and shall not be at public expense. IMofficial primary elections shall be held in such places within the unit of representation for which the primary election is held, k^ shall be designated by the proper politica:l committee, but there ^hall be at least one polling place within and for each assembly district, ward or village. 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 election is held, so that the same is clearly ^JfiM^ ^^°™ *^® 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 hold- ing them, and, except as herein otherwise provided, shall be sub- ject to the rules and regulations of such party. NOMHTATIONS 63 There shall be a chairman and secretary for each unofficial pri- mary and there may be tellers. No person shall be entitled ' ■t;6 vpte at an unofficial primary unless he may be qualified to vote on the day of election. The chairman may administer any oath required to be adminis- tered at any tprimary and he shall decide all questions that arise relating to the qualification of voters v^hen a voter is challenged by any elector and shall reject such vote unless the person oiJering the vote is willing to be and shall be sworn that he will truly answer all questions put to him touching his qualifications as such voter and shall state under oath that he is qualified to vote at such prini^r;;^. The ballot box used at any primary shall be examined by j^e secretary and by the tellers, if any, in the presence of the watchgrjf, if any, before any ballots are received, to see that there are jxcf ballots therein. Such watchers are entitled to be present fronj the commencement of the primary to the close of the canvass and the signing of the certificates thereof. At the close of the canvass of the ballots cast for each candidate, the secretary shall publicly announce the vote and the result of the canvass. No unofficial primary election shall be held in a saloon or drink- ing place, or in a room which is more than one flight of stairs from the street or not readily accessible from the street. § 93. Penalty for violation. Unless othervdse expressly provided in this chapter any person violating any of the provisi'&ns of articles two, three, four, four-a and four-b of this chaptef'.'iS guilty of a misdemeanor. ''''^■"'l § 94. Perjury. All oaths administered under the provisions of this article and the preceding articles of this chapter are hereby declared to be oaths required by law, and to be necessary fori the ends of public justice. \^As amended by chap. 820, Law$f,of 1913.] • -;'i)«ib ARTICLE 5 ;;^^';';; Noxuinating* Certificates ; Emblems ; , ^ ^ Vacancies ^-- '■'"'■'•' ^Section 121. Certification and filing of nominations for t6w;i^; village and certain other offices. ..',.'..'"' 122. Independent nominations. _ _ Ji'ax 123. Independent certificates of pomination. "^ '^ 1 Schedule of section headings and title amended by chap. 820, Laws of 1913. 64 The Election Law Section 124. Emblems. 125. Conflict in names or emblems. 126. Supplying omitted emblems. 127. Places of filing independent certificates of nomi- nation. 128. Times of filing independent certificates of nomi- nation. 129. Certification of nominations by secretary of state. 130. Publication of nominations. 131. Lists for town clerks and aldermen. 132. Posting town and village nominations. 133. Declination of nomination. 134. Objections to certificates of nomination. 135> Filling vacancies in nominations. 136. Certificates of new nominations. 13Y. Death of candidate after printing of ballots; official pasters. § 121. Certification and filing of nominations for toivn, village and certain other offices. A person nominated at a party primary for a town or village office or for a city office to be filled at an election held at a different time from the general election shall receive a certificate of such nomination. It shall be signed by the presiding officer and a secretary of such primary, or, if made by a committee, by a majority of the mem- bers thereof, who shall add to their signatures their respective places of residence, and shall make oath before an officer qualified to take affidavits that the affiants were such officers of such primary or that they are members and constitute a majority of such com- mittee, as the case may be, and that such certificates and the statements therein contained are true to the best of their informa- tion and belief. A certificate that such oath has been adminis- tered shall be made and signed by the officer before whom the same was taken and attached to such certificate of nomination. Such certificate of nomination shall contain the title of the city, town or village office for which such person is nominated and his name and residence. Such certificate shall also designate, in not more than five words, the name of the political party by which the nomination is made and shall be properly authenti- cated. Such certificate shall also, upon its face, appoint a com- mittee of three or more persons to fill a vacancy in any of such NOMIN-ATIONS 65 nominations occurring for any of the reasons specified in section one hundred and thirty-five of this chapter between the date of such nomination and the day of election. Such certificate shall be filed with the clerk of such city, vil- lage or town, respectively. In towns in which town meetings are held at the time of the general election, certificates of nomi- nation 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 board of elections of the county in which such town is located. All such certificates shall be filed with such city, village or town clerk, or such board of elections, not less than twenty nor more than thirty days before the day of election. All such filed certificates and corrected certificates of nomination, all objections to such certifi- cates and all declinations of nominations are hereby declared to be public records. [As added hy chap. 820, L PtLblieation of uo3nima>tions. At least six days befoTe an election to fill any public office the board of elections of each eount}7 except those eounties which are whjolly^ within the ei-ty of ISfew Torli^ shall cause^ to be published in not less than two nor more- than four newspapers within such county, one of wMeh shall; be a daily newspaper, if a daily newspaper is published in such county,, and in. any county having one. hundred thousand or more inhabitants, adjoining a city having a population, of one million- or mjore, in not less than, six nor more than ten. news-patera^ a-. list of all nominations of candidates-, for offices other than town offices to. be filled at such, election,, certified to such board by the secretary of stiate, or filed with such, board or certified by such boaird The board of elections- of the- city of ISTew York sliall, within the same time before- an election: to fill any publie office^ cause to> be- publiahed in two newspapers published in eaeSi bcajQH^ within such; city a list of the nominations of candidates for offisB to-be voted for at auck electioiiL in such. boroiHgits respectively wfaiffiJi were certified to s«cb board by the secretary of' state, or filed- in the office- of such, board, ox certified by such board and in the borough of Brooklyn the board of elections shall cause- siich pub- liication to be made in the- newspapers designated as- corporation nefwspa^er* of said borough and in one daily newspaper published in- the Jewish- langnage. Su-eh publication shall contain the name and residence, and if 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 fac simile of the emblems or devices selected and designated as prescribed by this article,, to represent and distinguish the candidates of the several political parties or independent bodies. Tie citj clerk of each citj except ISTew York,, and the boaird of elsctions of the city of Kew York,, shall at least six daya before an election of city officers thereof, held at a different time from a ISToMIWATIOBS 75 general election, cause like publica.tions to be made as to candi- dates for offices to be filled at such city election in a like number of newspapers published in such city. One of such publications shall be mad© in a newspaper which adTOcates the principles of the political party that at the last pre- ceding 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 newspaper which advocates the principles of the politi- cal party that at the last preceding election for governor c^st the next largest number of votes in the state for suoh office. The officer or bo-aid, in selecting the papers for such publications, shall select those which, according to the best information he can obtain, have a large circulation within such county or city. In making additional 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 newspaperB. Should the board of elec- tions or other officer find it impracticable to make the publicatioa six days before election day in counties where no daily news- paper is printed, he shall make the same at the earliest possible day thereafter, and before the election. [^As amended hy chap. 891, LaiDS of 1911, and chap. 673, Lams of 1915.] § 131. Liists for toivn clerks and aldermen. The board of elections of each county, except those counties which are wholly within the city of ISTew York, shall at least six days before election day send to the town clerk of each town, and to an alder- man of each ward in any city in tlie county, at least fi.ve -and not more than ten printed lists for eaeh 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 iave been filed with or issued by it or been certified to it, and the party or other desig- nation, and also a f ao simile of the emblem or device of each polit- ical party or independent body nominating candidates to be voted for by the voters of ihe respective towns tod wards. Such lists shall at least three days before the day of election be oonspicu- ously posted by such town clerk or alderman in one or more public 76 The Election Law places in each election district of such town or ward, one of , which lists shall be so posted at each polling place. \_As amended by chap. 891, Laws of 1911.] § 132. 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 time other than the day of the general election, to be conspicuously posted in ten public places in the town or : villagej..at least one day before the town meeting or village elec- tion, one of which copies shall be so posted at each polling place of such town meeting or village election. § 133. Declination of nomination. The name of a person nominated for an office otherwise than by an official primary election, shall not be printed on the official ballot if he notifies the board or officer with whom the original certificate of his nomina- tion is filed, in a writing signed by him and duly acknowledged, 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 inde- pendent body whose nomination he shall in like manner decline. If the declination be of a nomination filed with the secretary of state, such notification shall be given at least twenty days before the election. If the declination be of a nomination filed with a board of elections of any county and in the counties within the city of ISTew York with the board of elections of the city of New York, or with the city clerk of any city, such notification shall be given at least eighteen days before the election. If the declina- tion 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 nomination to a town office in tpwns where town meetings are held at the time of general elec- tions, must be filed in the office of the board of elections, within the time required by this section for filing the declination of nomination to a county office, and the board of elections shall forthwith notify the town clerk in writing of such declination. When a person who was not designated for nomination at an official primary election receives a nomination for public office at such primary, it shall be the duty of the board or officer with whom designations for nomination to such officb are required by NOMIN-ATIONS -Tl this chapter to he filed to forthwith notify, by mail, such person of his. nomination. A .person nominated as aforesaid, without designation, at a,n official primary, may decline such nomination not later than the seventh day after the day of the primary at which he was nominated, by filing his written declihatioii -thereof, signed by him and duly acknowledged, with the board or officer with whom designations for nomination to such office are required by this chapter to be filed. The board or officer to whom such notification is given shall forthwith inform by mail or otherwise the committee appointed on the face of such certificate as provided by sections one hun- dred and twenty-one and one hundred and twenty-three of this chapter, that the nomination has been declined, and if such declina- ,tion be filed with the secretary of state, such officer shall also ^give immediate notice by mail or otherwise that such nomination haa been declined, to the several boards of elections or other officers authorized by law to prepare official ballots for election districts affected by such declination. \_As amended hy chap. 891, Laws of 1911, and cMp. 820, Laws of 1913.] § 134. Objections to certificates of nomination. A written objection 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, except- ing that if by any independent certificate of nomination any per- son is nominated who is at the time or shall be after the filing of such independent certificate of nomination, the candidate of a political party for the same office and the party certificate has been filed after the filing of the independent certificate of nomination, the written objection to the independent certificate of nomination may be filed within three days after the filing of such party certi- ficate ; and if written objections to such independent certificate of nomination have been already filed by the same or some other per- son and shall have been heard and determined or heard and not determined, there shall be a new hearing upon all the objections so filed, the written objections to an independent certificate of nomination filed after the filing of a party certificate as herein provided may contain all objections to such independent certificate notwithstanding the same or some other person has already filed objections to such certificate. If such objection 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 7*8 The EiiBCTioisr Law in section ome hundred and thirty-five of this article, and also to each candidate placed in nomination by such certificate. The question raised by such written objection shall be heard and deter- rained as prescribed in section one hundred and twenty-five of this article. .[As umended hy chap. 649, Laws of 1911.] § I'SS. Fillimg vacancies im ii:on9iiuation«. If a nomina- tion made otherwise than by an official primary election is diily de- clined, or the attempt to nominate at a primary results in a tie, or a 'candidate regularly nominated otherwise than by an official primary election- dies before ele- :-■„{., § 155. Register; how arranged; signature law. ,1. This subdivision shall apply to election districts outside of a city having more than one million inhabitants. In all such election districts the register shall be arranged in twenty-four colunjinsj except that in election districts in which personal registra- tion is not required it ' shall consist of twenty-three col- umns, of which the first twenty-one columns shall be the same as in the registers. for election districts in which personal registration is required. The leaves of the register shall be indexed from A to Z. In the first column of such register there shall be entered, at the time of the completion of the reg- istration on the last day for registration, a number opposite the name of each person so enrolled, beginning with " one " opposite the first name entered in the page indexed A and contin- uing 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 86 The Election Law thereof. In fhe sixfh cel-mrm shall be entered the ira-mber of the flt)OT or room occupied hy lie elector at the residence gi-ven hy him, and in the seventh column shall be entered the full name of the householder, tenant, subtenant or apartment-lessee :\vith wiiom the elector resides, and in tbe eighth column shall be en- tered his age, in the nintTi, tenth and elerventh columns shall be entered his length of residence by years, months and days as the case ma,y be, in the state, cau,nty and election district, respectively ; and in the twelfth column shall be entered the country of his nativity which sliall' mean the country, state or province of the elector's birth, irrespective of bis former political allegiance. In the thirteenth column, if he be a naturalized citizen, shall be entered the date of the naturalization certificate under which he claims citizenship and in the fourteenth column shall be entered the designation of the court issuing such naturalization eertifieate. In thei £fteenth, sixteenth, seventeenth and eigbteenth columns shall be entered respectively the name of the state, the city or town, and the street number and the name of the street or avenue of the residence of such person from which such person last regis- tered or voted, and the year in which he last registered or voted. In the nineteenth column shall be entered the date of the regis- tration of the elector. In the twentieth .column shall be entered if the elector is in business for himself or with others the name under which he is so in business, or, if the elector is •employed hf some other person, the name of his present employer. If he is not in business .and bas no employment, tte word "noae" shall be emtered, together with the name -under which he was laisit in bnsiness or the name of bis last employer, if miy. la the twenty-first column shall be entered the street .and number, or if it has no street number, a brief description of tlie location of the place, if any, where he is so in business or employed, dt, if xmempleyed, the place, if any, where he was last in business or employed. The information required to be stated in the twem- tieth and twenty-first colnmns shall -only be asked in the eveirt that the person offering to register shall not have registered in the same coimty in the general election immediately preeediHg. The twenty-second column of the register of any election •difitriet in which personal registration is required shall be reserved for lfe signature, at the tim/e of registration, of any elector who regigteTS personally in any such district, or in ca^ such elector alleges hifl inability to write, for entering therein the rnimher of -the " identi- fication ^atement for registration day'' made by sndh e'leetor as liEGaiSTBAiTlO'N OF VoUEES 87 lafiaeinafter provided Above each horizoatal line in the said twenty-second coLumn shall be- printed the werda- " the foregoing statements are true " and the elector shall at the time of personail registration, sign his narme- by his own hand and. without assist- ance, using am indelible- peneid or inik,, below such words on the korizon{fcal Kn® in the register of eleetons^ which register shall be known as- the " s-ignajtmoje' copy." Said signature copy skall be one of the registers-, otheai thaaa. the public copy,, which signature copy diall be kept by am inspector of ©pposite political f aitk from the chairmaji, and shall b© used, at the polls en election day. The twenty-third column, or, in the register for an election district ia which personal registratioJiL is not required, the twenty-second eolumn,, shall be reser^'ed for enteiiing the consecutive number on the stub of the ofBcial ballot, voted by the electoar on election diay. In the, twenty-fourth column, or^ in the regi'Ster for an elec- tion district in which personal registration is not req,uired, the twenty-third column, shall be entered, opposite tke name of ea^sk- elector,, under the heading "remarJfes" the facts regarding chalr kmges,. oa-ths and other facts afEecting such elector required to be Beeorded, including, in the case of a person not required to reg- ister personally who did in fact so register, the word " personal." 2.. This subdivision siLall apply only to election districts withia a city having mere than one million inhabitants. In all electioa- districts- in any such city, the re^-ster shall be aa;ranged in twenty- ' nine (at the gender al. election p-receding a presidential primary, thirty) columnSj and the leaves thereof shall be indexed from it- to Z.. The first column of the register shall be entitled " Eegis- tration Ko. of Vaters,." axid in such column shall be entered at the time of the completion of the uegistration on the last day for regis- tration, a number of posite the name of each persom. so registered, ieginming with " one "' opposite the first naone entered in the page iia^xed' A and continuiag in numerical order to and including the last name entered upon, the last page of. such register. Columns two to twenty-four inclusive shall be filled in on each day of regi*- trati'on as each voter rs registered, and the remaining columns at tte times- respeetrvely provided. All such' columns shalT be appn> ; priately entitled! to- ind?reaf© their pmpose. In the second column, shall be entered the d'ate of the r^stra-tifm of each voter. In tire «Mrd' eeJumn shall be aa-tered; the surname of such persons in the alphabetical ©rdep of tke firs-fi letter thereof,, on the page bearing tiie indiex letter of sujch surname. In the fourth eolumn shall' 1» entered the christian or given name &t names of such pergoMi Eespectivelyr la the fifth and sixth colunms shall lb© eu'tlCTed th» 88 The Election- Law residence number or other designation, and the name of the street or avenue of such residence or a brief description of the locality thereof. In the seventh column shall be entered the number of the floor or room occupied by the elector at the residence given by him. In the eighth column shall be entered the full name of the householder, tenant, subtenant or apartment lessee with whom the elector resides. In the ninth column shall be entered the elector's age. In the tenth, eleventh and twelfth columns shall be entered the length of the elector's residence by years, months and days as 'the case may be, in the state, county and election district, respec- tively. In the thirteenth column shall be entered the country of his nativity, which shall mean the country, state or province of the elector's birth, iirespective of his former political allegiance. In the fourteenth and fifteenth columns, if the voter be a naturalized citizen, shall be entered the date of the naturalization certificate under which he claims citizenship and the court issuing such naturalization certificate. In the sixteenth, seventeenth, eighteenth and nineteenth columns shall be entered respectively the name of the state, the city or town, the street number and the name of the street or avenue of the residence of such person from which such person last registered or voted, and the year in which he last registered or voted. In the twentieth column shall be entered, if the elector is in business for himself or with others, the name under which he is so in business, or, if the elector is employed by some other person, the name of his present employer. If he is not in business and has no employment, the word "none" shall be entered, together with the name under which he was last in business or the name of his last employer, if any. In the twenty- first column shall be entered the street and number, or if it has no street number, a brief description of the location of the place, if any, where he is so in business or employed, or, if unemployed, ,the plarce, if any, where he was last in business or employed. The twenty-second column shall be reserved for the signature of any elector who registers personally, at the time of registration, or, in case the elector alleges his inability to write, for entering therein the number of the " identification statement for registration day " made by such elector as hereinafter provided. Above each hori- zontal line in the said twenty-second column shall be printed the words "the foregoing statements are true" and the elector shall at the time of personal registration, sign his name by his own hand and without assistance, using an indelible pencil or pen and ink, below such words on the horizontal line in the register of electors, Eegistration of Votees 89 which register shall be known as the " signature copy." Said sig- nature copy shall be one of the registers, other than the public copy, which signature copy shall be kept by an inspector of opposite political faith from the chairman, and shall be used at the polls on election day. In the twenty-third column the person who has personally made the entries aforesaid in registering the voter shall sign his own initials in evidence thereof, which signature must be made at the same time that the voter is registered, lis. the twenty-fourth column shall be entered the number on the en- rollment blank which is given to the voter to enable him to enroll in a party as provided in article two of this law. The twenty- fifth column shall be reserved for the entry of the name of thp party, if any, in which the voter enrolls, or other statement, as provided in said article two of this law. The twenty-sixth column shall be entitled " No. of Stub, Election Day," and shall be re- served for entering therein the consecutive number on the stub of the official ballot or set of ballots voted by such voter on elec- tion day. ■ The twenty-seventh column shall be entitled " No. of Stub, 1st Primary," and shall be reserved for entering therein the consecutive number on the stub of the official, ballot cast, by such voter at the first official primary, whether spring or fall, following the general election for which such registration was made. The. twenty-eighth column shall be entitled " No. of Stub, 2d Primary," and shall be reserved for entering therein the con- secutive number on the stub of the official ballot oast by such voter at the next succeeding official primary held prior to" the next enrollment, or, should an unofficial primary be held, for the entry of the word " Yes " to indicate that such voter voted at such primary. In preparing the registers for the general election jie^ preceding a presidential election an additional column (the twenty-ninth in such case) shall be included, entitled "No.'df Stub, 3rd Primary," and shall be reserved for use at a third primary, if any, as above provided for a second primary in othte years. The last column in the register shall be entitled "K^- marks regarding challenges, oaths,, and other facts required to be recorded " and in such column shall be entered, opposite the name of each voter, with the date of each such entry, such record of challenges, oaths, and other facts relating to him as this law requires to be entered in the register and are not otherwise pro- vided for. ,1 , . 3. The proviaions of this subdivision shall apply to all election districts in which the registration of electors is required to be personal. If the elector alleges his inability to so sign, in the 90 Tete 'Ei.ectios- Law cases pi-ovided for in either of the foregoing eubdivisioas, one of tke iBspeetoiB, designated by the ehaiTman, shall read to the eiector ithe following list of questions from a book to be fnmislied said inspeetor and to he Inown as " identification Btatements for registraitiQfla. day," and said inspectoT fihall write down in said book the an-gweirs of the elector to said questions : What is ycruir true name ? What is or was your father's full name ? What is or was your jaother's full name? What is your occupation? What is the name of your present employer ? If unemployed, \^'hat is the name of your lust employer ? Where is or was hig place of business? Are you married or single? Where did you actually Teside imaiiediately prior to taking up your present residence; state floor and character of premises? At the bottom of each list of questions shall be printed the fallowing statement : " I certify that I have read to the above named elector each of the foregoing questions and that I have tmly recorded his answers as above to each of said questions," and said inspector who ha« made the above record shall forthwith sign his name to said cer- tificate and date the sanae. The above questions shall be printed on separate Aeets of paper which shall be fiixniehed said inspector bound together in book form and numbered consecutiwely, laiad tbe number corresponding to the number on each sOaeest containing said list of .questions shall be entered winem the qurestions have feeen answered, in the twenty-second column, in the register of electors in which the electors registering h.ave sigiaed their names. -Said book of ■" identification statements foa* registration day " shall be kept at all times with the register in which the electors sign theiT names as hereinbefore provided. A sufficient number of identi- fication statements for registration and •election days, bound in book form shall be furnished to each board of inspectors in the same manner as the registration and iioll-books are now furnished to said boai'ds the satisfaction ad such board th^at he is entitled tO' vote therein. In cities any elector who was registered in an election district of such city at the last preceding general election, and whjo sinee that time shall have removed into another election district m the same city, amd who is otherwise qualified to vote at such special election, shall, upon demand, receive from the board of inspectors of the district in which he was registered for such last preceding general election a certificate duly signed by the said board of the fact that his name was 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 resides, 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 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 elec- tion, while his name shall appear upon the register of another district to be used at such election. Any person who shall violate this provision is guilty of a felony, and upon conviction shall be punished by imprisonment ixi a state prison for not less than two nor 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 prepar- ing 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 there- frona the names of all persons who are known or are prov^en to their satisfaction to have ceased to be qualified electors of such election district. [As amended by chap. 64&, Lmirs of IBll.} § 161. Registratiou for to-nrn or village elections. No registration of voters, shall be required for town or viUaige elections, except as provided in the village law, amd except that when a town or village election is held at the same time with a IBd&SB OF El^iBCTIOWS. 9'5 Eral Action all votera in swda town or village to be entitled to vote at such town or village election must be registered aa pro- vided by law for the aregistrati'On of voters for any gemeTal eleetiom in such town -or village. \^As mnended by ■ch^p. 424, Laivs of 1910.] § 162. Qualifications of voters. A person is a qwalifed voter in any fl-ection district for the purpose of having Tiis name placed on iiie register if he is ot will be on the day of the election c|Tiali:fi.«d to vote at tte election for which such regi'stration is made. A rjualified voter is a male citizen who is or will be on the day of election twenty-one years of age, and who has been an in- habitant 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 of the election district in which he offers his vote. If a naturalized citizen, he must, in addition to tiie foregoing pxovis.ions, have been natuxalized at least ninety days prior to the day of Section. {As amended by chap. 821, Laws of 1913, and chap. 678, Laws of 1915.] § 163. G.ai]iixi,g or losing a xesidence. 'For the pur- p«rae lof re^-s-tering and voting no person shall be -deemed to have gained or lost a residence by reason of Ms pjpeseaiee oi? absence while employed in the service of tb© United States, nor while engaged in the navig.a,tion of the waters of tbis state, or of the United States, or ©f the 'high seas; nor wMle a student of any seminary of learning; nor while kept at any almshouse, or other asylum, or institution wholly or partly supported at public ex- pense or by charity -, nor while confined in any public prison. Any person claiming to belong to any class of persons mentioned -and referred to in this section shall file with the boarfl of inspectors at the time of registration a wiitten statement lowing where he is actuaEj domiciled, his business or occupation, his l)usiness a.d; tees, and to -which class he claims to belong. Such statemsnt sfcall be atitaehed to the uegiBter, and be open for public inspeetioa; and the fact tihereaaf shall be noted in the regist^ apposite the nam.© of the pea^son so re^steirad. ? 164. Illiterate and disabled vioters. If, at any meet- ing for the registration of voters, 'any person entitiied to be registered and of whom personal registration is required shall 96 The Election Law 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 glasses, from seeing the names printed upon the official ballot, loss of both hands, or such total inability of both hands that he can not use either hand for or. dinary 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 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 as- signed by the person as the cause of his alleged disability, and the said inspectors and each of them shall make a note upon tlip register of each instance in which such oath is administered, and of the cause or reason so assigned. § 165. Change of residence ivitliin election district. If any voter after being registered shall change his place of resi dence 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 inspectors shall thereupon make the proper correction upon the register of such district. § 166. Registration days not holidays. JSTo part of a day fixed for the registration of voters shall be deemed a holiday so as to affect any meeting or proceeding of the board of inspectors for registration. § 167. Preparation of challenge affidavits. The secre- tary of state shall prepare and cause to be printed on good vtrriting paper in book form wherever he deems it desirable for the best interests of the state, at least fifteen blank challenge affidavits for each election district in cities and at least ten such blanks for each election district outside of cities and shall transmit to each board of elections or other officer to whom or which he is required to deliver the register of voters, at the same time and in the same manner as such register of voters is transmitted, a sufficient num- ber of such books of blank challenge affidavits as shall provide one EEGISTbATION OF VoTEES 9T Buch book for each board of inspectors in each, county, and suck' offiiifeirs shall transmit the said books to the respective boards of' inspectors in the same manner and at the same time as the register of voters. The secretary of state shall also furnish to such board such kdditional number of such books of challenge affidavits and copies thereof, as hereinafter provided, as in his judgment shall be necessary to replace lost or damaged books and to provide extra books to any election district in which the supply may be exhausted during the. registration of voters. Such extra books shall be fur- nished by such board to the inspectors upon application by the in- spectors or any citizen. [As amended hy chap. 244, Laws of 1914.] § 168. Form of challenge a£Bldavits. Each challenge affidavit shall have a stub attached thereto and separated from such affidavit by a perforated line with a space on such stub for Writing the name and the address of the challenged person, and both the stub and affidavit shall bear the same printed number and shall be numbered in consecutive order in each book, begin- ning with number one. Such challenge affidavit shall be printed in the following form, to wit : (Stub) '" Name of applicant Address • (Perforated line) CHALLENGE AFFIDAVIT State of New York 1 gg. County of i . Election District Assembly District (or 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 f 4 98 The Electioit Law I 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 bom ? If naturalized, give name of court issuing and date of ce^ . tificate 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 re^rister or vote ? From what address did you last register or vote ? 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, to'wn or village of your residence or residences during the past four months Where did you actually reside immediately prior 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 citizenship ? 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 residt 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 or promised to contribute, to another, to be paid or used any Eegisteation of Votees giy m(Dney or other valuable thingj 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 marks 1, 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 application to have his name enrolled upon the register of voters 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, 19 . . ITame Residence Inspector of election (To be signed by the inspector administering oath to applicant.) Witnesses. Name Residence Inspector of Election, Kame Residence Inspector of Election. Fame Residence Inspector of Election. (Board of inspectors.) !N"ame of challenger Residence of challenger " § 169. Challenging applicants for registration. 1. Any person who applies personally to any board of inspectors for registration for any election may be challenged by any quali- fied elector present or by any qualified watcher present. 2. If such applicant be so challenged, or if any member of the board of inspectors shall have reason to suspect that such appli- cant is not entitled to have his nam© registered, the chairman of the board of inspectors or any member, of suchr-board is hereby 100 - . '' The OELEOTroifLAw authorized to and shall administer to such applicant thefollow. ,ing oath: "You do solemnly swear (or affirm), that you will true answers make to the questions touching upon your qualifi- cations as an elector and such other questions as may be put you tending to establish your identity," and one of the inspectors shall ■thereupon read to such challenged person each and every question printed upon the challenge affidavit provided for by section one hundred and sixty-eight and shall enter in ink opposite each ques- tion the answer thereto given by such applicant. The applicant shall subscribe his name to such challenge affidavit, which shall also be subscribed by the inspector administering the above oath and as witnesses by the other inspectors present, who shall certify over their names the fact that the applicant did apply for registra- tion, 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. The inspector shall also enter in the place provided on the challenge affidavit a description of the per- son challenged and the name and address of the person challeng- ing. If the applicant shall by his answer satisfy a majority of the board of inspectors of his right to be registered, they shall register 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 registered except as provided by section one hundred and fifty-three of this article, and upon any such proceeding the challenge affidavit of such applicant shall be submitted in evi- dence to such court, justice or judge. If the applicant shall re- fuse to make oath to the questions put to him and the answers given thereto by him or shall refuse to answer any questions upon the challenge affidavit, his name shall not be placed upon the register, or if recorded thereon previous to his ascertained quali- fication 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 election. When the name of a person who has signed a challenge affidavit shall be registered, the inspectors shall enter in the column headed " re- marks " on the register opposite such name the word " affidavit," giving the consecutive number printed on such affidavit. [As amended ty chap. 428, Laws of 1910, and chap. 649, Laws of 1911.] § 3.70. Investigation into truth, of affidavits. At the close o£ each day of registration the inspectors of election shall . KegISTEATION": Oi' VOTEES Ot 101 'detach from the; stubs the challenge affidavits signed by the persons etejleagfed during the day and in cities shall deliver them 'to the .'police captain of the preeinet 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 iilvesti- ga,tion of the truth of such affidavit to be made, and if such investi- gation shall prove the same to be false in any particular affecting the right of the challenged person to register or vote, th^ said officer shall deliver the same to the district attorney of the edunty, together with the evidence of the falsity of such affidavit and the district a'ttorney shall forthwith present the same to the grand jury of stich 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. Copies of all such challenge affidavits shall be mailed by the police or sheriff forth- with at the close of each day of registration to the state superin- tendent of elections, who shall proceed in like manner. [As amended by chap. 649, Laws of 1911, and chap. 678, Laws of 1915.] § 172. Disposition of challenge affidavits. 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 officer or board with whom the original challenge affidavits or copies thereof are filed may destroy the same six months after the date of the election for which they were made, except those which are to be used in any criminal prosecution. § 173. Entry requiring challenge by inspectors. If, at a meeting of the board of inspectors for registration, any voter, shall, upon oath, declare that he has reason to believe that any person on the register of voters 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 qualifications shall be administered to him, and if he shall refuse to take such oath .he shall not. be permitted to vote. § 174. 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 fi^ The Election Law requil^e, his naturalization papers or a certified copy thereof for their -inspection, and to make oath before them that he is the per- son purporting 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 not for any reason produce his naturalization papers, 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 voters upon his furnishing to such board evidence which shall satisfy such board of his right to be registered. .^% 175. Persons excluded from tlie suffrage. No person who shall receive, accept, or offer to receive, or pay, offer or promise to pay, contribute, offer or prom- ise to contribute to another, to be paid or used, any money or any other valuable thing as a compensation or reward for the giv- ing or withholding a vote at an election, or for registering or re- fraining from registering as a voter, or who shall make any promise to influence the giving or withholding any such vote or registration, or who shall make or become directly or indi- rectly 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 citizenship. § 176. Certification of register. At the close of each nieeting for the registration of voters, for a general or other elec- tion in a city, or in an election district wholly within a village hav- ing five thousand inhabitants or more, the inspectors shall append to each book of registration their certificate 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 voters 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 presumptive evidence that tbe^ names and places of residence contained therein are the names and places of residence given by the persons registered respectively. At the close of each meeting for the registration of voters for a general or other election elsewhere than in a city, or in a district wholly within a village having five thousand inhabit- ants or more, the inspectors shall append to each book of registra- tion a certificate to the effect that such register as it now is com- Eegisteation of Votees J2(^- prising (here insert the number) . names, is a true and correct, register of all voters qualified to vote at such election in such dis- trict who have personally applied for registration, or whose names, the board was required by law to place thereon. i,v; Each such certificate shall be signed by all the inspectors^' but in ease 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. § 177. Making up tlie registers; custody thereof after registration. 1. The register of voters made by the chairman of the board of inspectors shall be, and shall be known as, the public copy of registration. Such public copy shall be left in a prominent position in the place of registration from the first day of registration until election day, and shall at all reason- able times be open to public inspection and for making copi^, thereof. When the place of registration is in a school house, or other public building, authorized to be so used under subdivision three of section two, hundred and ninety-nine, such public copy shall be left in the custody of the janitor or some other person in charge of the building, who shall be responsible therefor, and a, notice shall be kept publicly posted stating how inspection thereoX is to be obtained. 2. Each other inspector shall carefully preserve his register of voters and shall be responsible therefor, until the close of the can,- vass of the votes on election day, except as hereinafter provided for in cities of the first class. 3. At the close of each day of registration the inspectors shall draw a line in ink immediately below the name of the voter last entered upon each page of each such register. Upon the succeed- ing day of registration, they shall enter the names of voters in th^ alphabetical order of the first letter of the surname below the linQ so drawn upon the proper page after the close of the previous day, of. registration. 4. Upon the close of the last day of registration^ the inspectors shall again carefully compare 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 regis- ter that such register is a true and, correct register of persona registered by them in such district for the next ensuing election, 104 The .Election Law ,, :n(i shall state the whole number of such persons so registered. As tended hy chap. 678, Laws of 1915.] .f§ 178. Custody and filing of registers after registrap- tion in cities of first class. In cities of the first class, at the close of the last day of registration, the chairman of the. board 0$ inspectors shall take from an inspector of opposite political faith from himself, the register of voters made by such jjjspector, 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 in each other bor- ough, 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 they are filed. The two other inspectors of opposite political faith from each other shall retain their respective regis- ters of voters for use on election dayi All registers of voters shall at all reasonable hours be accessible for public examination and rriaking copies thereof, and no charge of any kind shall be made fcr such examination or for allowing any voter to make a copy hereof. In cities of the first class the public copy of registration ^all be used, if necessary, on election day by the inspector whose JIgister was filed by the chairman as herein provided. ^- § 179. Certifying changes in registers. If, in cities, ihe board of inspectors shall meet on the second Saturday, before tije election for the purpose of revising and correcting the regis- ^r of voters in pursuance of an order of the supreme court, a justice thereof or a county judge, as provided in section one hundred and fifty-three of this article, the inspectors shall certify forthwith to the officer with whom the copy of the register is filed the change or changes made upon such register in pursu- ance of such order. At any revision of registration for an election other than a general election, the quadruplicate register of voters for the last preceding general election shall be furnished to tho 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. § 180. Custody of registers after election. 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 Registeatiow of'Votees used by the inspectors and the puhlic copy thereof shall }ie 6.\ei with the board of elections of the county in which the election district is located and in- the city of New York with the office located in the borough of Manhattan, and with the chief clerk 6f the branch office of the board of elections in each other borough of the city of New York. It shall be the duty of the officers wiiih whom such registers of the election districts are filed, to forth- with file one copy of such register for each election district with the state superintendent of elections. 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. [As amended by chap. 649, Laws of 1911, and cha,pi 678, Laws of 1915.] iu § 181. Certifying num'beT of registered electors^ At the close of registration on the last day the board of, ia^ spectors shall upon blanks furnished by the secretary of state fortfei with certify and file with or mail to the officer or board charged, with the duty of furnishing ballots to such district and to thfei state superintendent of elections the total number of electoiis, registered in such district. The inspectors of each district shaH also furnish to the same officials in like manner at the close of each day of registration the total number of electors registered on such day in their respective districts. The chairman of the boar^' of inspectors of election of each district shall also forthwith at the close of each day of registration file with or mail to the statfe' superintendent of elections a certificate showing the total number of voters registered therein in the respective election districts.- [As amended by chap. 649, Laws of 1911, and chap. 678, Laws of 1915.] § 182. Delivery of blank books for registration; certificates and instructions. The secretary of state shall purchase whenever he deems it desirable for the best interests of the state, a suitable number of blank books for registers of voters,! with blank certificates and brief instructions for registering the. names of voters therein, in the forms respectively provided in sections one hundred and fifty-four and one hundred and fifty- five of this chapter, 'at least four of such books for each board of inspectors in the state, and such number of extra copies thereof, as ill. his judgment may be necessary for each county or city to replace lost or damaged registers before delivery to the inspectors. i'dfe The Election Law Such'register of voters shall have the leaves thereof indexed with th« letters of the alphabet, beginning with the letter "A" for the first leaf, and so on. At least twenty days prior to the first day of registration for a general election in each year, the secretary of state shall transmit a sufficient number of such registers, cer- tificates and instructions to the board of elections of each county, and to the board of elections of the city of New York located in the borough of Manhattan, and to the chief clerk of the branch office of the board of elections in each other borough within the city of 'New York, for the use of each board of inspectors within such counties and boroughs, respectively. The board of elections of each county, outside the city of New York,, shall deliver such books to the town clerks of each town and to the city clerk of each city in the county, by mail or otherwise, at least five days prior to the first day of registration, and such town clerks and city clerks, and the said board of elections and chief clerks of |)ranch offices of the board of elections in the city of New York, shall deliver such books to the inspectors of said towns, cities and boroughs, respectively, before the hour set for registering the names of voters on the first day of registration. On each day of registration the board of elections of the city of l>few York and of each county shall furnish to each board of inspectors in each such county or city, respectively, the blanks for the list of voters provided for in section one hundred and fifty-seven of this article. Such blanks shall be distributed in time and manner as above provided for the distribution for registers. ^As amended by chap. 53Y, Laius of 1916.] § 182-a. Special instructions to voters to be pre- pared for the year nineteen hundred and fourteen. The secretary of state shall prepare and cause to be printed and furnished to the various boards of elections, in time and manner as provided in section one hundred and eighty-two for other supplies, printed instructions to voters, in brief and concise form, explain- ing the difference between the form of ballot used at former gen- eral elections and the form of ballot provided for in section three hundred and thirty-one of this chapter as amended by chapter eight hundred and twenty-one of the laws of nineteen hundred and thirteen, and explaining the requirements of marking the latter ballot so that the voter may effectually vote for the candidates.' for all offices to be filled. The instruotions provided for in this sec- tion shall only be prepared and s.upplied prior to the first day of registration in- the year nineteen hundred and fourteen. The ■Eegisteatioiv of Voters 4.^5' various boards of elections shall supply the election officers in each election district within, the jurisdiction of any such board where personal registration is required, before the opening of registrar tion on the first day of registration, with a sufficient number of copies of such printed instructions to supply each voter with olie copy. The delivery of such instructions shall be made through town and city clerks and otherwise as provided in section one hun- dred and eighty-two for. the delivery of other supplies. \_As addend by chap. 243, Laws of 1914.] § 183. Delivery of previotis 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- ter and one of the poll books to be delivered to the board of. ih-J spectors 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 thereafter in such new election dis- trict, 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 voters all persons whose names are upon such copies who are qualified to vote in such election district at the election for which such meeting -i? 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 voters 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 certified copy of each register of voters for such last preceding general election of each election district out of which such, new election district is formed, and the in- spectors of such new election district stall, at such meeting for registration for such election, place upon the , register of voters the names of all persons upon such. copies who are qualified 108 ;! its fuHctions and duties. -All;.copips- of-flolioe -reports: to ^onlHiawi-« ing officers of precincts under sectioa.'pne hundred,. andoJ%^ seven of .this chapter, shall J)e forthjyith trau^Hjitted'by^ ^re=, cinct commander to the hoard of elections. All statements of canvass delivered to any officer in command of a precinct tinder sectioji^iiiree hundred and seventy-two of this chapter shall be forthwith transmitted by such precinct commander to the boar^. of elections to be by them preserved with the same force and efFeoi as if jpreserved by the police. § 300. Expenses of 'board, of elections. All snips necessary to pay -the expenses of the board of elections of the city of ISre,w York, including the salaries of the commissioners of elec; tions/, chief clerks, clerks, assistant clerks and other employees, and tp meet and defray the charges and expenses of all elections lawfully held in the city of !N'ew York of 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 pro- videdHo be paid. Said charges and expenses, as estimated, shall be included in the annual budget of said city each year and in the yearly taxes levied upon the estates, real and personal, in the city of JTew York. The board of elections in each county, excepting .tkose counties compj-ising the city of New York, shall on or before the fifteenth day pf December in each year certify to the clerk of the board of supervisors creating said board of elections the total amount of the exjpenses of said board of elections, including salaries, for the preceding year, and, if the board of supervisors of any county shall so direct, shall certify to said clerk the portions of said expenses which under provisions of law are to be borne by any city or cities in said county and the portion thereof which is to be borne by the rest of said county, and the said clerk of the board of si%ervisors shall thereupon notify the proper local official or officials, who, in spreading upon the assessment-rolls the taxes to be levied upon the taxable property in the city, or any of the said cities,- and in the rest of the county, shall include in the amount so sp:^ead the amounts certified by the said board of elections to be borne , by the said city or cities, respectively, and in the amount spread upon the assessment-rolls of the taxable property in the several tovms" or other political subdivisions of the rest of the county the amount so certi'fied by said board of elections to be BoABB.! OF- Elections 117- borne- by- the said towns or political subdivisions respectively^ [As amended hy chap. 649, Laws of 1911.] § 201. Disposition of registers and unused ballots. The Tboard of elections of the city of New York is hereby authorized and directed, not less than two years after each elee- tion, to sell or destroy all registers of voters in the pos- session of such board; provided, that one copy of such regis^" -ter of voters for each election district shall be excepted and preserved by such hoard 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 officer of the city of New York to the credit of the account of the board of elections. § 202. Custodian of primary records. The board of elections shall be the custodian of primary records for each politi- cal subdivision for which such board is appointed. The board of elections for New York city shall also be the custodian of primary records for the several counties in said city. [Added by chap. 649, Laws of 1911.] § 203. Official seal. Each board of elections is hereby authorized to adopt an official seal which shall be provided at the expense of the city or county for which said board of elections is appointed, and shall cause a description of said seal with impres- sions from it to be filed in the office of the county clerk of said county and of the secretary of state. Such description of the official seal of the board of elections of New York city shall be filed in the office of the county clerk of each county in said city. [Added by chap. 649, Laws of 1911.] § 204. Filing statement of canvass, tally sheets and poll-books. All statements of canvass, tally sheets and poll' books, void and protested ballots, and any and all other -packages and documents required by law to be filed by the inspectors, except certified copies of statements of canvass^ ballot lists and tally sheets which are required by law to be filed with the county clerk shall be filed with the board of elections of said county or, in the city of New York, with the board of elections of said city. In the city of New York the said statements, documents and 118 The Election Law ( packages shall be filed in the branch ofiice in . each borough. [Added by chap. 649, Laws of 1911. J § 205. Notices. AH notices of elections to which this chapter applies which are required by law to be published, advertised or posted in anj county or any political subdivision thereof or therein shall be published, advertised or posted by the custodian of pri- iinary records of said county or of the city of !N"ew York. ' [Added "by chap. 649, Lau'S of 1911. J § 206. Transfer and custody of records; devoliitioii and continuance of po'wers. All books, documents, papers, records and election appliances or appurtenances now or heretofore |ield or used by or under the control of any officer or officers of any county or of any political subdivision thereof or therein, relating to or used in the conduct of general, special or primary elections, shall be transferred to or continue in the care, custody and control of the board of elections ; and the said board of elec- tions in any such county shall continue to be charged with the duly of performing each, every and all of the duties of the county clerk or commissioner of elections of said county, relating to elections heretofore devolved upon such board by the former pro- visions of this section, except as otherwise provided in this chap- ter. In the city of Xew York the board of elections shall continue to exercise the same powers and duties now exercised by it, excepting as otherwise provided in this chapter. All books, docu- ments, papers, records and election appliances held or used by ^ny commissioner or commissioners of election, in any county; whose powers and duties have been heretofore terminated shall continue in the custody of the board of elections for such county. lAdded hy chap. 649, Laws of 1911, and amended hy chap. 537, Jmws of 1916.] § 207. Ofiice hours, rules and regulations of boards «f elections. The offices of each board of elections shall be public and open during every business day of the year. The board of elections in each covmty shall designate the hours when said ^ffices shall open and close. Each board of elections may adopt its own rules and regulations for the transaction of its business. [Added hy chap. 649, Laws of 1911.] I 208. All records to be public; records of trans- actions of the boards of elections. All the records in the BoAED OF Elections ii() office' of the board of elections shall be public and open for inspeq- tion by any .citizen of the state of New York during the hours when the said office shall be open, and the said board of elections shall provide ample and sufficient facilities for keeping said records and making copies of the same. Each board of elections shall keep a record of its proceeding^ -which -shall be public and transcribed in a book or books within twenty-four hours after the adjournment of said board. Minutes of ^ all meetings of the board of elections shall show how each com- missioner of elections voted upon any resolution or motion pro- posed at said meeting of the board. [Added hy chap. 649, Laws of 1911.] § 209-a. Article mot applicable to Oneida and Broome counties; powers and duties of county clerks in such counties defined. After this section takes effect th^ foregoing provisions of this article shall not apply to the counties of Oneida and Broome, excepting section one hundred and ninety- nine. For the purpose of applying such section, the county clerk in each of such counties shall be deemed a board of elections. In each of such counties, except as otherwise provided in this section, the county clerk shall have therein the powers and duties of a board of elections, as well as those of a county clerk, pre; scribed by this chapter or other statute, and references to such board shall be deemed to mean and include, with respect to any such county, the county clerk thereof. All books, documents, papers, records and election appliances or appurtenances held or used by or under the control of the board of elections in the county of Oneida or county of Broome, pursuant to the provisions of this chapter, shall, when this section takes effect, be transferred to the care, custody and control of the respective county clerks of such counties. Each such county clerk may adopt rules and regulations, not inconsistent with the provisions of tliis chapter, for conducting the business of his office in relation to carrying out the provisions of this chapter. The official papers, records and documents in the office of such county clerk from time to time relating to general, special or primary elections, or in his custod/ under any provisions of this chapter, shall be public and open to inspection by any citizen of the state during office hours. The county clerk of each such county shall be the custodian of pri- mary records of his county. liTotwithstanding the provisions >of any other statute, either general or local,, tlie board of supervisors of Broome county may from time to time provide by resolution 120 The Election Law for the appointment by the county clerk of such county of .a|i(ji' tional . assistants, at the expense of the county, in the office of such clerk, and the board of supervisors of Oneida county 'may in like manner provide for the appointment by the county clerk of Oneida county of two additional deputies representing each of the two political parties which at the last general election pre- ceding such appointment cast tlie highest and the next highest number of votes for governor and of additional assistants, when- ever such board of either county, respectively, shall determine that such deputies or assistants are necessary for the proper per- formance of the additional duties devolved upon such clerk by this section; but the aggregate compensation of such additional assistant appointed on account of such additional powers and duties in the county of Broome shall not exceed one thousand dollars annually, and of such deputies and assistants in the county of Oneida shall not exceed three thousand two hundred dollars annually, exclusive of necessary emergency employees. [Added by chap. 454, Laws of 1916.] ^ARTICLE 7-A. Conunissioner of Election's in the County of Monroe. Section 210. Commissioner of elections for Monroe county. 211. Appointment, qualifications and removal of com- missioner. 212. Appointment, removal and examination of inspect- ors of election, poll clerks and ballot clerks. 213. Office for commissioner. 214. Custody of records. 215. Employees. 216. Notices. 217. Filing papers; general powers and duties of com- missioner. 218. Purchase of supplies, including voting machines; expenses of commissioner. 219. Apportionment of expenses. 220. Publication of notices. 221. Polling places, election districts, et cetera. 222. Voting machines. 223. Construction of article. iNew article added by chapter 7, Laws of 1916. BoAKD OF Elections 121 ., § 210. Commissioner of elections for Monroe ^'i*^^ office of commissioner of elections in the county of Monroe is hereby created, and all' the rights, powers, authority, duties and obligations imrnediately heretofore by law vested in and imposed upon any officer or officers of the county of Monroe or any political subdivision thereof or therein, excepting ■ the, appointment, duties and obligations of inspectors of election, poll, clerks and ballot clerks, who shall be appointed as hereinafter, provided and serve as provided by law with respect to general or> special elections and official primaries in the county of Monroe oc- in any political subdivision thereof or thisrein, except elections held at a time other than the time of the general election, or of village and school district officers, and special elections for town,, village and school district purposes held at such other time, shall;, by force of and as an effect of this article, be transferred to and, be continued in the commissioner of elections in the county of, Monroe hereby created from and after the time of appointment; and qualification of the first commissioner hereunder. § 211. Appointment, qualifications and removal of commissioner. Within five days after this article takes effect the county judge, special county judge and the surrogate cfi, Monroe county, or a majority of them, shall appoint a cdm^mis- sioner of elections who must be a resident voter of such county and shall file in the office of the clerk of such county a certificate of the appointment. Such commissioner of elections shall take the constitutional oath of office and file the same in the county clerk's office and shall hold office for a term of four years; his successor to be appointed in like manner. Such term of office, except as otherwise provided in this section, shall begin on the first day of May in every fourth year, beginning with the year nineteen hundred and twenty. The term of the commissioner first, appointed hereunder shall begin on the day the appointment is made and expire on May first, nineteen hundred and twenty. In case of a vacancy in the office of commissioner of elections, such county judge, special county judge and surrogate, or a majority of them, shall appoint a resident voter of Monroe county to fill such vacancy and shall file a certificate of such appointment in the office of the clerk of Monroe county. The person so appointed shall take the constitutional oath of office and serve the remainder of the term. The commissioner of elec- tions appointed pursuant to this article shall be subject to removal by the' governor in like manner as sheriffs of counties. Upoii 122 The Election Law tte appointment and qualifkation, pursuant to this section, of tibfi first commissioner for such county, the board of electioDs therein shall be deemed abolis'hed; and the terms of office of its members shall then expire. The provisions of article seven of this, chapter shall not thereafter apply to the county of Monroe except section one hundred and ninety-nine; and the commissioner pro- vided for herein shall be deemed a board of elections for the pur- pose of applying such section. § 212. Appointment, removal and examination o£ inspectors of election, poll clerks and ballot clerks. Inspectors of election, poll clerks and ballot clerks in and for the various election districts in the county of Monroe shall be appointed as follows: The chairmen of the county committees of the two political parties which at the last preceding general! election of a governor cast the highest number of votes for gov- ernor shall each file with the commissioner of elections, on or before the first day of April of each year, a list of persons who are duly qualified to serve as inspectors of election, poll cleiks and ballot clerks. The commissioner of elections shall thereafter examine each person whose nam© appears on such lists as to their qualifications for such offices. Such commissioners shall give each person whose name appears on such lists not less than three days'- notice of such examination. Such notice must be either written or printed and state the date, time and place such examination is to be held and must be sent either by mail or special messenger. Any person receiving the notice shall appear before such com- missioner of elections at the place fixed for such examination at the time stated in the notice, and the said commissioner of elec- tions shall examine such person as to his qualifications for the office of inspector of election, poll clerk or ballot clerk, as the cage may be. Such examination may be either written or oral or both, and if the person so examined is found by the commissioner to be qualified and is, in the judgment of the commissioner a fit and proper person for such office, the commissioner or some per- son designated by him shall administer the constitutional oath of office and issue to him a certificate of appointment and he shall serve until his successor is appointed ; but if such person is found disqualified or is, in the judgment of the commissioner, not a fit and proper person for such office, his name shall be stricken from, the list. A supplemental list of persons for election officers majr also be filed containing not more than ten names for each office. Board of Elections 12S Additional supplemental lists for any election district may lie filed at any time before the appointments for such district are made, or when a vacancy shall exist for any cause, and all appointments shall be made from the original list if those named therein are found disqualified as herein provided ; if not so quali- fied, then from a supplemental list so filed. If no list is filed by a party, and if within three days after notice in writing by the commissioner to the chairman of the county committee of such' party, no list is filed, the commissioner of elections may appoint qualified persons, members of the party in default, to act as elec- tion officers, and the enrollment of such person shall be sufficient evidence of the party affiliation of such person. If a qualified' person cannot be obtained for any election office from the list or' lists filed by a party, and if within three days after notice in writ- ing by the commissioner of elections to the chairman of the county committee of such party, an additional list is not filed containing the name or names of one or more qualified persons, the commis-,' siner of elections may fill such office by the appointment of a qualified person, a member of the party in default. The commis-' sioner of elections shall from time to time, as he may deem neces-' sary, hold a school for the instruction of inspectors of election aiid poll clerks. Such school shall not be held at any hour earlier' than seven o'clock in the evening, and notice shall be given by the commissioner to each inspector of election and poll clerk stating the time and place such school will be held. The notice shall be by mail and either written or printed. If any inspector of elec-' tion or poll clerk shall fail to attend such school after receiving notice thereof, the commissioner may remove him from office and' fill the vacancy in the manner provided for in this article. Each election officer shall be paid one dollar for the time spent in attending a school of instruction, and the election officers of the towns of Monroe county, if such school be held at any place out-, side the town in which they respectively reside, shall be paid iii'i addition the car fare going and returning from the school. 'The money due an election officer for attending a school of instruction shall be paid at the same time and in the same manner as the pay for his other services. The commissioner of elections shall have the power on any day of election, registration or primary elec- tion to remove from office forthwith any inspector of election, poll clerk or ballot clerk for intoxication or failure to perform his, duty in a satisfactory manner and to make a temporary appoint- ment to fill the vacancy caused by such removal. 124 The Election- 'Law { ' § 213. Office for comxa.is»ioneri>'il.t shall be the^duty of the board of supervisors of Monroe county to provide an bffibe for such commissioner of elections . suitable' for the preservation of the records of said office and for the doing of the work devolved upon such commissioner under and by reason of this artielte and thte necessary furniture thereof. The expense of providing and furnishing such office shall be a county charge and be audited and paid as other county expenses are paid. ..t;< u -m i § 214. Custody of records. All books, documents, papers, records and election appliances or appurtenances held, or used by or under the control of any ofHcer or officers of Monroef county or of any political subdivision thereof or therein and relating to or used in the conduct of general or special elections or official pri- maries, including voting machines used and owned by any political subdivision of Monroe county shall, upon request. of tlie commissioner of elections be transferred to the care, custody and control of such commissioner. § 215. Employees. The commissioner of elections may appoint such employees as the board of supervisors of Monroe county shall by resolution from time to time authorize, and such employees shall receive such salaries and compensation as such board shall by resolution fix and determine. Each employee shall perform such duties as the commissioner of elections shall pre- scribe and shall hold office at the pleasure of such commissioner. The salary of the commissioner of elections of Monroe county shall be three thousand dollars per annum. Such salaries and compensation shall be paid in the same manner as the salaries of the county officers are paid. § 216. Notices. All notices which are now or which here- after may be required by law to be given by the secretary of state or any other officer to any officer of Monroe county or of any political subdivision thereof or therein relating to the holding of any election or official primary, and stating the officers to be elected or nominated or party positions to be filled thereat, or the questions to be voted upon by the people from and after the appointment and qualification of the first commissioner hereunder shall be communicated by the secretary of state or other officer to the commissioner of elections of Monroe county. § 217. Filing papers; general powers and duties of commissioner. All certificates of nomination for office to be '! I BOAKP OF iEliEGTIONS i 125 w&tediifor by thej electsira" of Monroe county or any political sub- diiVision thereof or. tkerein at any election to which this article applies, all declinatioins of nominations for office, all certificates of nomination to fill vacancies caused; by such declinations or by death, all designations, all declinations of designations,; .all cer- tificates of designations to fill vacancies caused by such declina- tions, all statements of candidates' expenses, expenses ofeleiction or nomination, and air rules and regulations of political parties otherwise required by law to be filed with any officer of Monroe county ot any political subdivision thereof or therein, shall be filed in the office of the commissioner of elections hereby estab- lished, and such commissioner shall be the custodian of primary records for Monroe county and secretary of the county board of canvassers. The office of the commissioner shall be publili and open on every business day of the year, during such reasonable hours as the commissioner shall designate.- The commissioner may adopt rules and regulations for the conduct of his office, not inconsistent with this chapter. The official papers, records and documents of his office shall be public and open, to inspection by any citizen of the state during office hours. Except as otherwise provided in this article, such commissioner shall have the powers and duties of a board of elections prescribed by this chapter or other statute and references to such board shall be deemed to mean and include such commissioner. § 218. Purchase of supplies, including voting''nia- cMnes; expenses of commissioner. When the common council of any city, the town board of any town or the board of trustees of any village in the county of Monroe shall have adopted voting machines, the commissioner of elections shall direct the purchase of the number of machines authorized by such local authorities, and may thereafter, when authorized by; such local authorities, direct the purchase of new or addi|!l;ional machines for such city, town or village. The commissioner may direct the purchase of any kind of voting machines approved by the state board of voting machine commissioners or the use of which has been specifically adopted by law. All supplies or elec- tion appliances to be used or furnished by the commissioner of elections for election purposes shall be purchased by the pur- chasing agent of Monroe county as other county supplies are purchased. The commissioner is hereby authorized to cause all necessary repairs and alterations to be made and employ such help as may be necessary in making such repairs and in moving, 126 The Election Law setting up and caring for all election materials and appliances. AW expenses for supplies, advertising, posting and circulation of election notices and printing lists of registered voters and other expenses arising from the conduct of elections in Monroe county or in any political subdivision thereof or therein, incurred by or ■under the direction of the commissioner of elections except the ^bihpensation of inspectors of election, poll clerks and ballot clerks, shall hereafter be a charge against the county or political subdivision thereof or therein, as specified in this chapter and shall be certified by the commissioner of elections and audited and paid as are other claims against such county; provided, how- ever, that any city, town or village may, upon request of the local authorities, assume the payment of the cost of purchasing voting machines and shall have the power to issue bonds, certificates of indebtedness or other obligations which shall be a charge on the city, town or village, payable at such time or times as such authori- ties may determine, issued with or without interest and not issued or sold at less than par. § 219. Apportiomnent of expenses. Such commis- sioner of elections shall, on ot before the first day of October iij each year, certify to the clerk of the board of supervisors of Monroe county tiie total amount of the expenses of his office, including salaries for the preceding year, and shall certify to such clerk the portion of such expenses which under the provisions of law is to be borne by the county at large and the portions thereof which are to be borne by each political subdivision thereof or therein, and the clerk of such board in spreading taxes levied upon taxable property of such county or any political subdivision thereof or therein shall include in the amount spread upon the county at large and the political subdivision thereof or therein the amount so certified by the commissioner to be borne by the county at large or the political subdivision respectively. § 220. Publication of notices. All publications, adver- tising or posting of election notices required by law relating t3 general and special elections or official primaries to which this article applies and all notices of such elections or primaries as are required by law to be published, advertised or posted shall be puUished, advertised or posted by the commissioner of elections. § 221. Polling places, election districts, et cetera. It shall be the duty of the commissioner of elections at least thirty BOABD OF EliBCTIONS 127 days before each primary day to fix the polling places for eaqh primary district in Monroe county and on or before the first Tuesday in September in each year to fix the polling places for registration and election in each election district in Monroe county. It shall be the duty of the commissioner to create, alter or divide the various political subdivisions of Monro.© county into election districts as provided for in sections two hundred aij/i ninety-six and four hundred and nineteen of this chapter. Whenever the commissioner shall have created, altered or divided the election district in any political subdivision of Monroe county he shall execute a certificate giving the boundaries oi the new districts and file it in. his office and make and file a copy thereof in the ofiice.of the city or town clerk, as the case may.be, and also publish a description of such boundaries once i]4;,.tiia paper designated to publish election notices. § 222. Voting machines. It shall be the duty of thq commissioner of elections to cause the proper ballot labels to be placed on voting machines, and to cause the machines to be placed in proper order for voting and to examine all voting machines before they are sent out to the different polling places, and see that all the registering counters are set at zero (000), and lock all' voting machines so that the counting machinery cannot be oper- ated, and seal each one with a numbered metal seal. The com- missioner of elections may appoint a custodian of voting machines who shall, under the direction of the commissioner of elections, have charge of and represent the commissioner of elections during the preparation of the voting machines and serve at the pleasure of the commissioner, but not to exceed forty days for any one election. Before preparing a voting machine for an election writ- ten notice shall be mailed to the chairmen of the county com- mittees of the two political parties which polled the greatest num- ber of votes at the last preceding election of a governor, stating the time and place where the machines will be prepared ; at wliich time and place one representatiye of each of such political parties, certified by the respective chairmen of the county committees of such parties, shall be entitled to be present and see that the ma- chines are properly prepared, and placed in proper condition for use at election. The custodian of voting machines and the jparty representatives shall take the constitutional oath of ojBSce and shall be paid five dollars for each day so employed, which shall be paid, in the samo manner as.tke. salaries of county- officeajs are paid. It shall be the duty, of such representatives to be presen,t at 128 The ELECTioisr Law the preparation of voting machines for election and to see tha| the machines are properly prepared and that all the registering counters are set at zero (000). When a machine has been prepared for election it shall be the duty of such representatives to make' a certificate in writing, which shall be filed in the office of the com- missioner of elections, stating the number of the machine, whether or not all of the counters are set at zero (000), the number regis- tered on the protective counter, if one is provided, and the num- ber on the metal seal with which the machine is sealed. Such representatives shall perform their duties under the direction of the commissioner. It shall be the duty of the commissipner tc cause the voting machines to be delivered at the respective polling places in which the.y are to be used at least one hour before the time set for the opening of the polls. § SS23. Construction of article. E'othing in this article shall be construed to affect or limit the powers of the board of supervisors of Monroe county or the town board of any town, or the village trustees of any village, in such county, as boards of canvassers for the county, towns and villages respectively. Nor shall this article apply to elections held in cities, towns or vil- lages where elections are held at a time other than at the time of general elections. ^Vhere the provisions of this article are incon- sistent with other provisions of this chapter or other statutes, the provisions of this article shall be controlling. ^ARTICLE 8 Times, Places, Xotices, Officers and Expenses of Elections Section 290. Date of general election. 291. Time of opening and closing polls. 292. Filling vacancies in elective offices. 293. !N"otices of elections. 294. Notice of submission of proposed constitutional amendments or other propositions or questions. 295. Publication of concurrent resolutions, proposing con- stitutional amendments and other propositions. 296. Creation, division and alteration of election dis- tricts. ' As renumbered by chap. 800, Laws of 1913. Times, Places, Notices, Etc., of Elections 129 Section 297. Abolition, consolidation or changing of election dis- tricts in towns. 298. Maps and certificates of boundaries of election dis- tricts. 299. Designation of places for registry and voting. 300. Equipment of polling places. 300-a. ^^Display of American flag. 301. Publication of list of registration and polling places. 302. Election officers; designation, number and qualifi- cations. 303. Appointment of election officers in cities. 304. Authentication of party lists. 305. Examination as to qualifications. 306. Party election in the city of New York. 307. Oath of office; certificate of appointmeni 308. Removals; vacancies; transfers. 309. Certificates of service; exemption from jury duty; payment. 310. Special penalties. 311. Appointriient of inspectors of election in towns. 312. Appointment of poll clerks and "ballot clerks in towns. 313. Supplying vacancies and absences. 314. Organization of boards of inspectors. 315. Preservation of order by inspectors. 316. Ballot boxes. 317. Voting booths and guard-rails. 318. Apportionment of election expenses. 319. Fees of election officers and others. 320. Delivery of election laws to clerks, boards and election officers. § 290. Date of general election. A general election shall be held annually on the Tuesday next succeeding the first Monday in JSTovember. § 291. Time of opening and closing polls. The polls of every general election, and, unless otherwise provid ed by law, of 10 New section added by chap. 783, Laws of 1913. 130 The Election Law 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. Electors jentitled to vote who are in the polling place at or before five o'clock in the afternoon shall be allowed to vote. [As amended by chap. 649, Laws of 1911, and chap. 820, Laws of 1913.] § 292. Filling vacancies in elective offices. A vacancy jpccurring before October fifteenth of any year in any office author- ised to be filled at a general election, shall be filled at the general .election held next thereafter, unless otherwise provided by the con- iptitution, 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 office is authorized to be filled, or upon the death or disqualification of a ■person elected to office before the commencement of his official term, or upon the occurrence of a vacancy in any elective office 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 may in his discretion make procla- mation of a special election to fill such office, specifying the dis- trict or county in which the election is to be held, and the day thereof, which shall be not less than thirty nor more than forty days from the date of the proclamation. A special election shall not be held to fill a vacancy in the office of a representative in congress 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 iQetober 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 and the next general election or be called after October fourteenth in such year. If a special elec- tion to fill an office shall not be held as required by law, the office shall be filled at the next general election. [As amended hy chap. ,891^ i^ws o/ 1911.] . , Times, Places, Notices, Etc., of Elections 13J § 293. Notices of elections. The secretary of state shall, at least two months before each general election, make and trans- mit to the custodian of primary records a notice under his hand and official seal, stating the day upon which such election shall be held, and stating each officer, except city, village and town officers, who may be lawfully voted for at such election by the electors of siich 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 ordering a special election, make and transmit to the custodian of primary records, a like notice of the officers to be voted for at such special election in such county or city or any part thereof, and cause such proclamation to be pub- lished in the newspapers published in such county having large circulation therein, at least once a week until such election shall be held. Each custodian of primary records shall forthwith, upon the receipt of either such notice, file and record the same in his office, and shall cause a copy of such notice to be published once in each week, if it relates to a special election, until the election therein specified, and otherwise twice in each of the two months preceding the election, in the newspapers designated to publish election notices. They shall also publish, as a part of such notice, a list of all city, village and town officers who may lawfully \ye voted for at sucii election by the electors of such county or any part thereof; and the city, village and town clerks of each county shall, at least two months before each general election, make and transmit to the custodian of primary records a notice under their respective hands and official seals, stating each city, village or town officer to be voted for at such election. They shall not pub- lish, as a part of such notice, the text of proposed constitutional amendments or other propositions or questions included in the notice of the general election received from the secretary of state under this section nor the abstract of such proposed amendment, pi-oposition or question, included in such notice by the secretary of state. [As amended by chap. 649, Laws of 1911, and chap. 820, Laws of 1913.] § 294. Notice of submission of proposed constitw- tional amendments or other propositions or ques*- tions. Every amendment to the- constitution proposed by the legislature, unless otherwise provided by law, shall be submittod 132 The Election Law to the people for approval at the next general ©lection, after action by the legislature in accordance 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 submitted to the people for their ap- proval, the secretary of state shall include in his notice of the general election, a copy of the text of such amendment, proposition or question, setting out all new matter in italics and inclosing in brackets all matter to be eliminated from existing law, and at the bottom of each page shall be appended the words, Explana- tion — Matter in italics is new; matter in brackets [] is old law to be omitted. In addition to the text, such notice shall contain an abstract of such proposed amendment, proposition or question, prepared by said secretary with the advice of the attorney-general, concisely stating the purpose and effect thereof. If more than one such amendment, proposition or question is to be voted upon at such election, suci amendments, propositions or questions re- spectively shall be separately and consecutively numbered. The clerk of each county, except the clerk of any county having a commissioner or board of elections, the commissioner of elections of each county wherein such commissioner has been appointed and the board of elections of the city of ISTew York shall forth- with, upon receipt of such notice, cause printed copies thereof to be made and on the first day of registration shall cause an ade- quate number of such printed copies to be placed in the places designated piirsuant to the provisions of this act, for the meet- ings for registration and distributed therein by the chairman of the board of inspectors on each day of registration to the electors applying for registration. 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, except the clerk of any county having a commissioner or board of elections, the commissioner of elections of each county wherein such commissioner has been appointed, and the board of elections of the city of New York a like notice. Each county clerk and commissioner of elections aforesaid and the board of elections of the city of New York, shall, forthwith upon the receipt of such notice, file and record it in his office, and shall 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, and in addition thereto on the day of registration for such special election, each clerk of a Times, Places, Notices, '^tc, op Election's 133 county, except the clerk of any county having a commissioner or board of elections, the commissioner of elections of each county wherein such commissioner has been appointed and the board of elections of the city of New York shall cause an adequate number of such notices to be printed and placed in the places designatfed for the meeting for registration for such special election, and distributed therein by the chairman of the board of inspectors to the electors applying for registration. In election districts where personal registration of electors is not required, after the Ikst day of the registration the inspectors of election shall deliver to the town clerk all of the printed copies of such notices remaining in their hands and the town clerk shall within five days after receipt of the same mail a copy thereof to each registered elector in such town, who has not received such copy from the inspectors. The expense thus incurred shall be a county charge and paid ac- cordingly. The inspectors of election at the time of making up their registry list shall indicate in a suitable manner the name 'of each elector to whom they have delivered in person printed cOpfes of such proposed amendment, proposition or question, and ab- stract. [As amended hy chap. M6, Laws of I&IO.] § 295. Publication of concurrent resolutions, pro- posing constitutional amendments and other propo- sitions. The secretary of state shall cause each concurrent reso- lution. of the two houses of the legislature agreeing to a proposed amendment to the constitution, which is referred to the legislature to be chosen at the next general election of senators, to be published once, three months before such election, and thereafter twice in each of the three months next preceding such election in two news- papers published in each county representing the two political parties polling the highest number of votes at the then last preced- ing general election and in one additional newspaper published.iu each county for every one hundred thousand people in such eoiirity 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 pub- lished. If such resolution does not state that such proposed amendment is so referred to such legislature, the secretary of state shall publish, in connection with the publication of such concur- rent i;esolution, a statement that such amendment is referred to the legislature to be chosen at the next general election. 134 The Electioi*^ Law 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 voters 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 state- ment of the law or proceedings authorizing such submission, the fact that such submission will be made and the reading form in which it is to be submitted. If such proposed amendment or other proposition or question is to be submitted at a special election, to be held less than three months from the time of appointing it, the first publication 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. [As amended hy chap. 820, Laws of 1913, and clvap. 244, Laws of 1914.] § 296. Creation, division and alteration of election districts. Every town or ward of a city not subdivided into election districts shall be an election district. The town board of every town containing more than four hundred voters and the com- mon council of every city except iNew York and Buffalo, in which there shall be a ward containing more than four hundred voters, shall, on or before the first day of July in each year, whenever necessary so to do, divide such town or ward respectively into elec- tion districts, to take effect on the sixth Wednesday before the gen- eral election in such year, each of which shall be compact in form, wholly within the town or ward, and shall contain respectively as near as may be, three hundred voters, but no such ward or town shall be again divided into election districts until, at some general election, the number of votes cast in one or more districts thereof shall exceed three hundred and fifty; and in such case the redi- vision shall apply only to the town or ward in which such district is situated ; provided, however, that in cities of the third class the common council, or other board or body charged with like duties, by resolution duly adopted at the time and to take effect as herein- before provided for the division of wards into election districts, may direct that wards in such city having five hundred and fifty vot-ers or less shall not be divided but shall constitute one elec- tion district; or, that wards having five hundred voters or less, Avhich have been divided into election districts pursuant to the foregoing provisions of this section, shall be consolidated into one election district. Such resolution shall fix and determine tte polling place for such election district or consolidated districts and in all such cases it shall be the duty of the common council, or Times, Places, Notices, Etc., of Elections 1^5 other board or body charged with like duties, to furnish such poll- ing place with one booth for each seventy-five voters in such elec- tion district or consolidated districts, as shown by the last preced- ing registration of voters in such ward. If any part of a city shall be within a town, the town board shall divide into election dis- tricts only that part of the town which, is outside of the city. No election district including .any part of a city shall include apy part of a town outside of a city. A town or ward of a city containing less than four hundred vot- ers, or an election district of a town containing less than three, hun- dred voters may, in any year not later than the first day of Jujly, be divided into election districts by the board or other body charged with such duty, to take effect on the sixth Wednesday. ,])e- fore the general election in such year, when, in the judgment, of such board or body, the convenience of the voters shall be pro- moted thereby. Upon the creation, division or alteration of-' an election district outside of a city,' and on or before September fitst the town board shall appoint four inspectors of election for each election district so created, divided or altered, to take effect on or before the first day of registration thereafter and not earlier than the second Wednesday following the next fall primary, who shall be equally divided between the two parties entitled to representa- tion on boards of inspectors. If the creation, division or altera- tion of an election district is rendered necessary by the creation, division or alteration of a town, ward or city or rendered necessary or occasioned by the division of a county into assembly districts after a reapportionment by the legislature of members of assem- bly, such creation, division or alteration of an election district shall be made and shall take effect immediately; and inspectors of election for the new election district as so created, divided, Or altered shall be appointed, in the manner provided by law, a rea- sonable time before the next official primary or meeting for, regis- tration and such appointments shall take effect immediately. 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 election districts of the town, except for the purpose of town meetings. The board of elections of the city of New York and county of Erie shall divide the cities of New York and Buffalo, respectively, into election districts en or before the first day of July in any year whenever necessary so to do as herein provided, to take effeet on the sixth Wednesday before the general election in such year. Each election district in the counties within the city of New York shall contain, so far as possible, four hundred voters,, provided. 136 The Election Law however, that any election district containing less than two hun- dred voters, in such counties, made necessary by the crossing of congressional lines with other political divisions, may be consoli- dated with a contiguous election district in any year when no representative in congress is to be voted for in such district. Such election districts so established in the city of New York shall not again be changed until at some general election the number of registered voters therein shall exceed four hundred and fifty, except where changes are made necessary by a change in the bdundaries of congressional, senate, assembly, aldermanic or municipal court districts or ward lines, provided, however, that when the number of registered voters in an election district shall, for two consecutive years, be less than two hundred, such district may be consolidated with a contiguous election district in the discretion of. said board of elections. In the city of A"ew York each election district shall be compact in form, entirely within an assembly district and numbered in consecutive order therein respectively. In the year nineteen hundred and sixteen, follow- ing the decennial reapportionment, the board of elections of the city of 'New York shall rearrange the election districts through- out the city within assembly district lines, to conform as to the number of voters to the provisions of this section, which xear- rangement shall take effect before the fall primary in that y?ar; and the appointment of inspectors of election for such election dis- trict, as altered or newly created, shall be made and shall take effect a reasonable time before such primary. No election district shall contain portions of two counties, or two senate or assembly districts. l_As amended by chap. 244, Laivs of 1914, and chap. 537, Laws of 1916.] § 297. Abolition, consolidation or changing of elec- tion districts in towns. If at a general election at which a governor is elected, the number of votes cast for governor in. an election district in any town be less than two hundred, the town board of the town may, if such town contains two election dis- tricts, abolish the division of the town into election districts, or if the town contains more than two election districts, may annex the territory of such district to one or more of the other districts therein, in such manner as will best promote the convenience of the voters; but no district shall be abolished pursuant to this sec- tion if thereby in case of the abolition of election districts, the number of voters in the town will exceed four hundred, as in- dicated by the last preceding vote for governor, or thereby in the Times, Places, Notices, Etc^ of Elections 137 case of the abolition of an election district and its annexation t6 one or more other districts, the number of voters in any new district so created will exceed three hundred and fifty as indi- cated by such vote. An alteration of election districts, pursuant to this section, must be made on or before July first in any year, to take effect on the sixth Wednesday before the general election in such year. If the election districts in a town are abolished pursuant to this section, the town board shall, on or before Sep- tember first, appoint from the inspectors of election in such town four inspectors of election for the town as an election district, to take effect on or before the first day of registration thereafter and not earlier than the second Wednesday following the next fall pri- mary, who shall be equally divided between the two parties entitled to representation on boards of inspectors. If a town has been divided into three or more election districts, and if at any general election at which a governor is elected, the number of votes cast for governor in any district in such town does not exceed two hundred, the town board of such town may on or before the first day of August succeeding, if it deems that the convenience of voters will be promoted thereby, divide such town into such number of election districts, to take effect on the sixth Wednesday before the next general election, as it deems desirable, or change the boundaries of the existing districts, in such manner that no district shall contain more than three hundred voters as indicated by the last preceding vote for governor. If, in pursu- ance of this section, the boundaries of an election district in such, town shoiild be changed, or a new election district is created, by* the consolidation of two or more districts or parts of districts, the town board shall on or before September first appoint, for each such district so created, or changed, four inspectors of elec- tion, to take effect on or before the first day of registration there- after and not earlier than the second Wednesday following the next fall primary, who shall be equally divided between the two parties entitled to representation on boards of inspectors. Such inspectors of election shall hold office until their successors are regularly elected in such election districts, in pursuance of law. [As amended by chap. 244, Laws of 1914, and clap. 53 Y, Laws of 1916.] § 298. 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 138 Ti-iE Election Law districts, the officers or board creating, dividing or altering such election districts shall forthwith make a map or description of such division, defining it by kno^^Ti 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 dis- trict so created, divided or altered, and shall, prior to every elec- tibri, furnish copies of such map or description to the inspectors of election in each election district of such ward or assembly dis- trict. The scale of such maps shall, so far as possible, be uniform and large enough to permit the printing of the street corner num- bers of the block or blocks defining the extreme boundaries of each election district within or outside the lines of such block or blocks respectively ; and such street corner numbers shall be printed in or outside such block lines upon said maps, so that the lowest and highest street numbers within the election district of every street bounding such election district shall be plainly shown t'hereon. 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 piirsuant to the next section as places at which the meetings for the registration of voters 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 forthwith make a certificate or map thereof, exhib- iting the districts so created, divided or altered, and their num- bers respectively, and file the same in the county clerk's office ex- cept in the county of Erie, and in the county of Erie in the office of the commisioner 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 co- terminous with the town lines. § 299. Designation of places for registry and vot- ing. 1. On the first Tuesday of September in each year, the town board of each town, and the common council of each city, except 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 voters Times, Places, jSTotices, Etc., of Elections 139 and the election shall be held during the year ; provided, however, that in the city of New York the place so designated, if a school- house or other public building, "may be in a contiguous election district. In the city of Buffalo the board of elections of the county of Erie shall designate such places for registry and elec- tion on the first Monday in August in each year. {^Amended hy chap. 537, LoAvs of 1916.] 2. Each room so designated shall be of a reasonable size, suffi- cient to admit and comfortably accommodate at least ten voters, at one time outside of the guard-rail, and in cities containing a population of one million or over such room must in addition be of fiuffieient size to allow of the placing of the furniture and equipment of such polling place as provided in the election law. 3. In cities containing a population of over one million, a school-house or other public building may be designated, pro-; vided that the board of education consent and that the Use of the same as a registration and polling place shall not interfere with their customary use. The expense, if any, incidental to their use under such designation shall be paid like the expense of other registration and polling places. Whenever a school or other pu|)r lie building is located in an election district and the registra-tiop. and, polling place of such district is not located in a school- er other public building, a statement of the reason for not desig- nating such a -building must be entered by the board or officer charged with the duty of making such designations in the ■ minutes or other record making the designation. 4. No building, or part of a building, shall be so designated in any city, if within thirty days before such designation, intoxicat- ing liquors, ale or beer, shall have been sold in any part thereof. No room shall be designated elsewhere than 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 adjoining thereto, with a door or passageway between the two rooms. 5. In the event that the registration shall be so large that the polling place already designated would be unreasonably crowded on election day, the board of elections may between >the last day of registration and election day change the polling place so as to obtain a larger room. If for any reason said board of elections changes' a polling place said change must be made at least ten days before the day of election and at least five days before election day said board must send a written notice to each registered voter, notifying him of such change in the location of said polling place. 6. No intoxicating liquors, ale or beer shall be sold in such 140 The Election Law biiilding in a city or such room or adjoining room elsewhere after such designation and before the general election next thereafter, or he allowed in any room in which an election is held during the day of election or canvass of the votes. Any person or persons violating the provisions of this section shall be deemed guilty of a misdemeanor. Y. 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 cannot 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 polling place shall be in the same room, and not more than two polling places shall be in the same building. [As amended hy chap. 428, Laws of 1910, and chap. 678, Laws of 1915.] § 300. Equipment of polling places. The officers au- thorized 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 each polling place, with the keys thereof, to the inspectors of each elec- tion district at least one-half hour before the opening of the polls at each election. § 300-a. Display of American flag. The American flag shall be displayed in each polling place in this state by the board of inspectors during the hours when such boards are in session. The board, body or officer now charged with the duty oi defraying the expenses of conducting primaries and elections shall furnish said flag, which shall be approximately three feet by five feet in size. [As added hy chap. 783, Laws of 1913.] § 301. Publication of list of registration and polling places. 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 and shall at the same time file said list with the state superintendent of elections. Such publication shall be made in the newspapers so selected upon eacli day of registration and the day of election, Times, Places, Notices, Etc.^ of Elections 141 except tliat if such newspaper be an evening newspaper it shall be made on the day prior to each of such days. One of such newspapers so selected shall be one which supports the candidates nominated that year by 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 supports the candidates nominated that year by 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 and shall at the same time file said list with the state superin- tendent of. elections; except that in the borough of Brooklyn, such pupication snail be made in the newspapers designated to publish corporation notices therein and in. one daily newspaper published in the Jewish language; and except also that in the borough of the Bron? such publication shall be made in four newspapers' publishe:. in the borough of the Bronx; and except also that in the' borough of Manhattan such publication shall be made in five daily newspapers published in the borough of Manhattan which sup- port the candidates nominated that year by the political party polling the highest number of votes in the state at the last pre- ceding election for governor, and also in five daily newspapers published in the borough of Manhattan which support the can.di- dates nominated that year by the political party polling the next highest number of votes for governor at said election, one of which newspapers may be a daily newspaper published in the Germar^ , language and two of which newspapers may be daily newspapers , published in the Jewish language ; which publication shall include the list of such registration and polling places and their bound- aries, in the respective counties in which the newspapers are pub- lished. Such publication shall be made in such newspapers upon each day of registration and the day of election excepting if such newspaper be an evening newspaper it shall be made on the day prior to each of such days or if such day be Sunday, on the pre- ceding Saturday.- Such publications shall be made in newspapers' published in such boroughs which shall respectively support the candidates nominated that year by the political parties which at the last preceding election for governor respectively cast the larg- est' and next largest number of votes in the state for such office. . 142 The Election Law The said board shall also cause to be published in tha City Record on or before the first day of registration in each year a complete list of all the registration and polling places so desig- nated and the boundaries of the election districts in which such places are located arranged in numerical order under the desig- nation of the respective boroughs in which they are located. I, In selecting the newspapers in which such publications are to be made the said board shall keep in view the object of giving the widest publicity thereto. [As amended hy clia-p. 587, Laws of 1913, chap. 238, Laws of 1914, aiid chap. 537, Laurs of 1916.] § 302. Election ofacers; designation, number and q.nalifications. There shall be in every election district of this state the following election officers, namely, four inspectors, two poll clerks and two ballot clerks, whose term of ofiice, except as hereinafter prescribed, shall be for one year from the date of their appointment or election, and who shall serve at every general, special or other election held within their districts during such term. The term of office of inspectors of election in towns shall be for two years. No person shall be appointed or elected an inspector of elec- tion, poll clerk or ballot clerk, who is not a qualified voter of the county if within the city of ISTew York, or of the city if in 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 legibly, and who does not possess a general knowledge of the duties of the ofiice to which he is elected or appointed, or who is a candidate for any ofiice to be voted for by the voters of the district in which he is to serve, or who has been convicted of a felony and not restored to citizenship, or who holds any public ofiice except that of notary public or commissioner of deeds,- town or village assessor, justice of the peace, police justice of a village, village trustee, water com- missioner, ofiicer of a school district, or overseer of highways, 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 ihe two political parties which at the general election next pre- ceding 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 Times, Places, I^otices, Etc., oe Elections 143 appointing board or ofSeer. [As amended by chap. 239, Laws of 1914.] § 303. Appointment of election officers in cities. The board of elections of the city of ISFew York and tho mayor of each other city shall, on or before the first day of September of each year, select and appoint election officers for each election district therein, and may fill any vacancy which may occur before t"he opening of the polls on election day. Each political party entitled to representation in any board of election officers may, not later than the first day of July in each year, file with snch board or mayor an original list of persons, members of such party duly qualified to serve as election officers. A supplemental list of persons may also be filed containing not more than ten names for each office. Additional supplemental lists for any election district may be filed at any time before the appointments for such districts are made and certified by such board or mayor or when a vacancy shall exist in the original list by reason of the disqualification, resignation, declination, or ■withdrawal of the name by the person or persons submitting the same, of any person on such list, and all appointments shall 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 committee or other person by \vhom 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. i § 304. Authentication of party lists. In the city of l^ew York such lists shall be authenticated and filed by the chair- man of the county committee of the party in the respective counties within such city; in other cities, by the chairmaji 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 tliere 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 144 The Election Law 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 recognized as regular by the last pre- ceding state convention of such party; or, where no such convention 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 direc- tion of the last preceding state convention of such party. [As amended hy chap. 678, Laws of 1915.] § 305. Examination as to qualifications. All per- sons so proposed for appointment shall be examined as to their possessing the qualification required by section three hundred and two of this chapter by or under the direction of the mayor or board, who shall give five days' notice in writing of such examina- tion to the person to be examined' and also the chairman of the committee or other person by whom the list is filed and authenti- cated, and such chairman or other person may appear and be heard at such examination, either in person or by counsel. If a persoh so nominated after examination is found qualified, under sectiop three hundred and two of this chapter, he shall be appointed to the position for which he was reconimended. If a person so pro- posed is found disqualified after .examination, 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 committee or other person by whom the list embracing the name of the person so disqualified was au- thenticated, and the vacancy shall be filled by the appointment of a qualified person named in a siipplemental list filed on behalf of the same party, except that if a party entitled to representa- tion files no list the appointment may be made without such list, as provided in section three hundred and three, after examina- tion. If the person recommended shall have served as an elec- tion official at any previous election, it shall not be necessary for him to be examined. [As amended by chap. 649, Laws of 1911.] § 306. Party selection in tlie city of New York. In the city of E"ew York the members of the board charged with the duty of appointing election officers, who represent the same political party, shall have the exclusive right and be charged with the ex- clusive duty of selecting from the list submitted, or, in lieu of Times, Places, JSTotices, Etc.j of Elections 145 said: list, the members of such party who are to be appointed as election officers. § 307. Oath of office; certificate of appointment. Every person so appointed as an election officer shall, within five days after notice of his appointment, take and subscribe the constitutional and statutory oath of office, which shall be ad- ministered, if in the city of New York, by a commissioner of elep- tions, or by any clerk or other employee of said board of elections who shall be designated by said board in writing over the signature of- its president to administer said oath of office, and if in any other city, by the mayor thereof or by any other person or persons desig- nated- by him for that purpose; and all of said officers, and all clerks or persons so designated by them or him for that purpose, shall be and are hereby authorized and empowered to administer such oath. Every person so sworn as an election officer shall receive a certificate of appointment and qualification, signed by the person who administered the oath, in such form as may be approved by the board or mayor by which or whom he was appointed, and specifying the capacity and the election district in which he is to serve and the date of the expiration of his term of office. § 308. Removals; vacancies; transfers. Any election officer so appointed may be ':?emoved for cause by the board or mayor making the appointment,' in which case such removal, unless made while such officer is actually on duty on the day of registra- tion revision of registration or election, and for improper conduct as election officer, shall only be made after notice in writing to the officer 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 pre- ferring any charges and without notice to such officer, upon the written request 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 appointment; shall hold office only during the unexpired term of his predecessor. . No election officer shall be transferred from one election district to another after he has entered upon the performance of his duties 14S Tills ELECTioif Law and no election officer shall serve in any county save that in which he shall reside. § 309. Certificates of service; exemption from jury duty; payment. The chairman of each board of inspectors of each election district shall, within twenty-four hours of any elec- tion, 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 each member of such board, the names of the persons who served as poll clerks and ballot clerks on election 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 false certificate, shall be guilty of a *misdeameanor. All persons appointed and serving as election officer on any of the days of registration or of election or of count of 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 officers shall be paid by the comptroller of the re- spective cities within twenty days after the election at which such officers served, upon the certificate of the board or mayor ap- pointing them. § 310. Special penalties. Every person appointed as an election officer, failing to take and subscribe the oath of office as hereinbefore prescribed or who shall wilfully neglect or refuse to discharge the duties which he was appointed to perform, shall, in addition to the other penalties prescribed by law, be liable to a fine of one hundred dollars, to be sued for and recovered by the mayor or board making the appointment, in a court of record, for the use and benefit of the treasury of such city. Any elec- tion officer who, being removed for cause, shall fail upon demand to deliver over to his successor the register of the voters, or any tally sheets, book, paper, *mmorandum or document relating to the registration of voters or the election in his possession, so far as he has made it, shall be liable to a like penalty to be re- covered in a like manner for the benefit of such city. § 311. Appointment of inspectors of election in to-wns. Except as provided in section two hundred and ninety- six, inspectors of election in towns shall be appointed bv the * So in original. Times, Places, Notices, Etc.^ of Elections 147 town board in each year in which a town meeting is held for the election of town officers, and within thirty days thereafter. Such appointments shall be made from lists to be prepared, certified and filed in the manner hereinafter provided, by the two political parties entitled to representation on a board of election officers. The town caucus or primary held by each such political party for the purpose of nominating 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 certified by the presiding officer and a secre- tary 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 prescribed by law for election officers. If in amy 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 officers 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 forthwith notify each person so appointed of his appointment to said office, in the manner in which he is now by law required to give notice to a person of his election to a tovsna 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 resignation, declination or other incapacity by appointing persons known, or proved to the satisfaction of a majority of the members of said board to be members of the same political party in which such vacancy oc- curred. All appointments to fill vacancies shall be made in writ- ing and filed with the town clerk, and notices thereof given by him as hereinbefore provided in the case of an original appoint- ment. 148 The Election Law § 312. Appointment of poll clerks and ballot clerks in toivns. 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 representation 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 in- spectors 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-ofiice 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 office during the term of office of the inspectors appointing them, except as hereinafter 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 three hundred and two of this article. If at the 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 ab- sent, the inspectors of election in such district shall forthwith ap- point 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. § 313. Supplying vacancies and absences. 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 same political party as the absent inspector shall appoint a qualified . voter of the district, who shall also be a member of the same political party as the ab- sent 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 be 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 on election day, the poll clerk, if he be present, and if he be absent then the ballot clerk, Times, Places, Jvotices, Etc^ of Elections 149 who is a,' member of the same political party as the absent inspect- ors, shall appoint two qualified voters 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 inspectors, 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 voters of the district, who shall be members of the same political party as the absent inspectors, to act until such absent inspectors, or their successors duly appointed as hereinbefore provided, shall appear and such persons, so serving temporarily, shall serve without pay. If, at any such time, the offices 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 qualified voters of the district present, not less than ten, may designate four qualified voters of the district belonging to the political parties as speci- fied in section three hundred and two, to fill siich vacancies, or to act in the place. of such inspectors respectively, until the ab- sent inspectors respectively appear. If at any time there shall be a vacancy in the office of any poll clerk or ballot clerk, or if any poll clerk or ballot clerk shall be absent from such meeting, 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 person so appointed or designated to act as an inspector, poll clerk or ballot clerk shall take the constitutional and statutory oath as prescribed by this chapter. § 314. Organization of boards of inspectors. Before otherwise entering upon their duties the inspectors of each district shall then immediately appoint one of their number chairman ; or, if a majority shall not agree upon such appointment, they shall draw lots for that position. In all proceedings of the inspectors acting as registrars, in- spectors or canvassers, they shall act as a board, and, in case of a question arising as to matters which may call for a determina- tion by them, a majority of such board shall decide. 150 The Election Law- § 315. Preservation of order by inspectors. All meetings of the board of inspectors shall be pmblic. 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 voters 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 disturib their proceedings, they shall make an order directing the sheriff or any constable of the cotinty, or any peace or police ofScer to take the person so offending into custody and retain him until the registration of voters or the canvass of the votes shall be com- pleted, but such order shall not prohibit the person taken into custody from voting. Such order shall be executed by any sheriff, constable, peace or police officer, to whom the same shall be deliv- ered, but if none shall be present, then by any other perscm 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 chapter. § 316. Ballot boxes. Separate ballot boxes appropriately and conspicuously marked must be provided as occasion shall require, to receive 1. Ballots for presidential electors, 2. Ballots for general officers, 3. Ballots upon constitutional amendments and questions submitted, 4. Ballots upon town propositions and upon town appro- priations, 5. Ballots defective in printing or spoiled and mutilated, 6. Stubs detached from ballots. Each box shall be supplied with a sufficient lock and key and with an opening in the top large enough to allow a single folded ballot to be easily passed through the opening, but no larger. It shall be large enough to receive all the ballots which may be law- fully deposited therein at any election, and it shall be well and strongly made of wood, free from cheeks and blemishes. Times, Places, Notices, Etc., of Elections 151 Each and every inspector of elections shall be personally re- sponsible for the custody of each box and its contents from the time the election begins until the box is delivered, according to law, to the person entitled to receive it. Upon making any such delivery each inspector of elections shall be entitled to a receipt for each box delivered. [As amended by chap. 649, Laws of 1911, and chap. 821, Laws of 1913.] § 317. Voting bootlis 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 voters in the district. Each such booth shall be at least three feet square, shall have four sides inclosed, each at least six feet high, and the one in front shall open and shut as a door swinging out- ward, 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 and conven- iences including pencils having black lead only, as will enable the voters 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-r^il shall be provided with a place for entrance and exit. The arrange- ment 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 officers and every part of the polling place except the inside of the booths shall be in plain view of the election officers and the persons just outside the guard-rail. Such booths shall be so arranged that there shall be no access to intend- ing voters or to the booths through any door, window or opening, except by the door in front of said booth. § 318. Apportionment of election expenses. The expense of providing polling places, voting booths, supplies there- for, guard-rails and other furniture of the polling place, and distance markers, and the compensation of the election officers in each election distract, shall be a charge upon the town or city in which such election district is situated, except that such ex- penses incurred for the purpose of conducting a village election 152 The Election Law 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 ballots, sam- ple ballots and cards of instruction, poll books, tally sheets, return sheets for inspeetors and ballot clerks, and distance markers to be used at a town meeting or city or village election not held at the same time as a general election, and of printing the lists of nominations therefor shall be a charge upon the town, city or village in which the meeting or election is held. The expense of printing and delivering the official ballots, sample ballots and carda 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 ISTew York, at any other election, if no town meeting or city or nllage 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 official 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 elec- tion, and of printing the lists of nominations therefor, if the town meeting or city or village election be held in such county at the same time therewith, shall be apportioned by the coimty clerk between such town, city or villagb and such county, in the propor- tion of the number of candidates for town, city or village officers on such ballots, respectively, to the whole number of candidates thereon, and the amount of such expense so apportioned to each such mimicipality 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 this chapter 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 cer- tificate of such board. § 319. Fees of election ofiB.cers and others. 1. The county clerk of each county, not salaried, shall be paid by such county a reasonable compensation for his services in carrying out Times, Places, Notices, Etc.^ of Elections 153 the provisions of this chapter, to be fixed by the board of super- visors of the county, or the board acting as such board of super- visors. The town clerk of each town shall be paid by such town a reasonable compensation for his services in carrying out the pro- visions 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 in- spectors of election for the election and be paid in like man- ner. Poll clerks shall receive the same compensation for their attendance at an election and canvass of the votes as inspectors of election and be .p.aid 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 compensation therefor five dollars, and also four cents a mile for every mile actually and necessarily traveled between his residence and stich county clerk's office in going to and returning from such office. 2. In cities of the first class having a population of two million or more inhabitants the persons appointed and serving as inspect- ors of election shall receive four dollars for the hours fixed by law for each day of registration from Monday to Friday in- clusive, and ten dollars for such hours on the last day of regis- tration and on the day of revisioji 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 com- pensation as inspectors for the election and for the count of the votes, and the ballot clerks shall receive eight dollars each. Such officers shall be paid by the comptrollers of the respective cities upon the certificate of the board or officer appointing them. 3. 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 districts in time of war in the actual military or .naval service of this state or of the United States shall be ipaid five dollars each. [As amended by chap. 678, Laws of 1915.] § 320. Delivery of election laws to clerks, boards (and election officers. The secretary of state shall at least .^ixty days before each general election cause to be prepared a 1S4- ' - The Election Law compilation of tke election law with explanatory notes and in- structions, properly indexed, and procure the same to be printed by the legislative printer, and transmit to the board of elections of each county, and to the board of elections of the city of New York, located in the borough of Manhattan, and to the branch office of the board of elections in each of the other boroughs of the city of E'ew York, a sufficient number of copies thereof to furnish one such copy to each member of each such board and to each of said branch offices of the board of elections of the city of 'New York and one to each county, town, village and city clerk and to each election officer in any such county and said boroughs, together with such number of extra copies as may in his judg- ment be necessary to replace copies lost or mutilated before delivery thereof to election officers. The board of elections of each county, except those counties the whole of which is included within the city of Xew York, shall ' forthwith transmit one of such copies to each of such officers in such county, and the board of elections of the city of New York 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 transmit to the state superintendent of elections a suffi- cient number of such copies to furnish one of such copies to the superintendent and to each deputy. {^Amended hy cha/p. 537, Laws, of 1916.] ^ARTICIiE 9 Ballots and Stationery Section 330. Official ballots for elections. 331. Classification of ballots; form of ballots for candidates. ^ 332. Form of ballot for questions submitted. \ 333. Sample ballots, instruction cards and stationery. '\i ^333-a. Additional sample ballots in the year ninetegnj hundred and fourteen; distribution of such ballots. ' As i-enumbered by chap. 800, Laws of 1913. 2 Repealed by chap. 537, Laws of 1916. Ballots and Stationery 1'55 Section 334. Blank forms for election officers. 335. Form of ballot clerk's return. ' ' 336. ^Deseription of tally sheets. 337. Forms of return and tally of votes cast for presi- dential electors. 338. Forms of return and tally of votes for officers other than presidential electors. : 339. Forms of return and tally of votes upon questions .' •; submitted. 340. Number of official ballots. 341. Officers providing ballots and stationery. 342. Public inspection of ballots. 343. Distribution of ballots and stationery. 344. Errors and omissions in ballots. 345. Unofficial ballots. § 330. Official ballots for elections. Official bal- lots shall be provided at public expense at each polling place for every election 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 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 ballot which may be adopted and used by the meeting at which such election shall be had shall be legal. § 331. Classification of ballots; form of ballots 'for candidates. 1. General provisions. There shall be five kinds of ballots, called respectively ballots for p'residential electors, ballots for general officers, ballots upon constitutional amendments and questions submitted, ballots) upon town propositions, and ballo'ts upon town appropriations, which shall be. used for the pur- poses which their names severally indicate and not otherwise. Ballots for general officers shall contain the names of all candi- dates except presidential electors. All ballots shall be printed in black ink, on book paper of good quality free from ground wood, five hundred sheets of which twenty-five by thirty-eight inches in size shall weigh sixty pounds and shall test for that size and weight s Section repealed by chap. 821, Laws of 1913. 156 The Election Law at least twenty points on a Morrison tester. They shall be rec- tangular in shape, not less than, eight inches in width and twelve inches in length, and shall have a margin extending beyond any printing thereon. All ballots of the same kind for the same polling place shall be of precisely the same size, quality and shade of paper, and of precisely the same kind and arrangement of type and tint of ink. A different, but in each case uniform, kind of type shall be used for printing the names of candidates, the titles of offices, political designations, and the reading form of constitutional amendments and other questions and propositions submitted. The names of candidates shall be printed in capital letters in black-faced type not less than one-eighth nor more than three-sixteenths of an inch in height. Each ^ballot shall be printed on the same sheet with a stub and shall be separated therefrom by a horizontal line of perforations extending across the entire width of the ballot. On the face of the stub shall be printed the instructions to voters hereinafter pro- vided. On the back of the stub, immediately above the center of the indorsement on the back of the ballot hereinafter referred to, shall be printed " No ," the blank to be filled with the consecutive number of the ballot, beginning with " No. 1," and increasing in regular numerical order. , On the back of the ballot, below the line of perforations, just to the right of the center, and outside when the ballot is folded, shall be printed the following indorsement, the blanks being prop- erly • filled and the numbers running from one upward, con- secutively : Official Ballot (for Presidential Electors). County of Assembly District (ward or town). Election District. (Date of Election). (Facsimile of the signature of officer causing the ballot to be printed). Each ballot shall be printed in sections, on which the cand? dates' names, emblems and political designations, or the constitu- tional amendment, or other question submitted, with the voting squares, and other requisite matter shall be boxed in bv hearv Ballots and Stationery 157 black lines in the manner indicated in the illustration of the ballot hereinafter provided. The voting squares and the spaces occupied by emblems shall have a depth and width of five six- teenths of an inch. In case the sections shall be so numerous as to make the ballot unwieldy if they are printed in one coluran, they may be printed in as many columns as shall be necessary, and in that case, in order to produce an exactly rectangular ballot, blank sections may be used. On each ballot shall be voting squares in which voters may make their voting marks. All voting squares shall be bounded by heavy black lines, the perpendicular lines to be not less than one-sixteenth of an inch wide. In all ballots there shall be 'a per- pendicular column of these squares, and in the ballot for general officers, in the case of a candidate for governor or member of assembly nominated by two or more political organizations, the additional squares arranged horizontally as. provided in subdivi- sion three of this section. "No voting squares shall be provided in the blank spaces for written names. The ballots bearing the same number at the same election shall constitute a set of ballots. Each political organization whose party name contains more than eleven letters shall select an abbreviated form thereof con- taining not more than eleven letters which shall be used upon the ballot whenever the necessities of space shall so require. The abbreviated form shall be certified at the same time and in the same manner as party names are required to be certified. In printing the names of candidates whose full names contain sixteen letters or more not more than one name other than the surname shall be printed in full, and each candidate may indicate in writing to the officer or officers charged with the duty of pre- paring the ballots the form in which, subject to this restriction, his name shall be printed. No emblem shall occupy a space longer in any direction than the voting square to which it relates. In conformity with the foregoing provisions and with the pro- visions of subdivision three of this section the face of the ballot for general officers shall be substantially in the following form: ■■lis 158 The Election Law 2. Ballots for presidential electors. The names of the presi- dential electors of each party shall he printed in one column indicating : First. The electors at large, whose names shall be arranged in the alphabetical order of the surnames; and Second. The electors of each district, whose names shall be ar- ranged in the numerical order of their district. The columns shall be parallel to each other and shall be sepa- rated by heavy black lines. In addition to the party columns a blank column with lines for writing shall also be provided in which voters may write the names of candidates for presidential electors not on the ballot and which shall be sufficient to contain as many names as there are electors to be chosen. It shall be desig- nated as the blank column and shall contain no voting spaces. At the head of each party column shall be printed the party emblem ; below this a blank circle three-quarters of an inch in diameter; below this the party name in large type ; below this the names of the candidates for president and vice-president; and below this a heavy line dividing the heading from the names of the presiden- tial electors. Above the name of the first elector shall be printed the words " presidential electors." The names of the presidential electors shall be printed in spaces one-quarter of an inch in depth, except that the first space containing also the words " presi- dential electors " shall be half an inch in depth. The spaces shall be divided from each other by light horizontal lines. At the left of the name of each elector shall be printed a voting space one- quarter of an inch square, except the space opposite the first name, which shall be half an inch in depth. Each party circle shall be surrounded by the following instruc- tions, plainly printed : " For a straight ticket, mark within this circle." The columns for the presidential electors of independent bodies shall be similar to the party columns except that above the emblem ' in each column shall be printed the words " independent nomina-** tions " in large type like that used for tibe party najnes. In the blank column the space occupied by the emblem and Ballots and Stationery 159 voting circle in. the party colmmi shall be occupied by the follow- ing instructions, plainly, printed: "In the column below, the voter may write the name of any person for whom he desires to vote whose name is not printed on the ballot." Below the line dividing the heading from the blank spaces shall be printed, as in the other columns, the words " presidential electors." ■ The columns shall be arranged upon the ballot as directed by the secretary of state, precedence, however, being given to the several parties according to the number of votes for governor polled at the last preceding gubernatorial election. On the stub at the top of the ballot shall be printed in heavy black type the following instructions: " 1. To vote for all the electors of one party make a cross X mark within the circle above the party column. 2. To vote for some, but not all, of the electors of one party make a cross X mark in the square at the left of the name of every candidate printed on the ballot for whom you depire to vote. 3. To vote for any candidate not on the ballot write his name in the blank space provided therefor. 4. Mark only with a pencil having black lead. 5. Any other mark or any erasure or tear on the ballot renders it void. 6. If you tear, or deface, or wrongly mark this ballot, return it and obtain another." 3. Ballots for general oflScers. The names of all caiididates for any one office shall be printed in a separate section, and the sections shall be in the customary order of the offices and shall be numbered from one upward by a numeral printed in tbe upper right band corner of the section. The names of candidates shall be printed in their appropriate section in such order as the board of elections may direct, precedence, however, being given, except as herein otherwise provided, to the candidate of the party which polled the higbest number of votes for governor at the last pre- ceding election for such officer, and so on. At the top of each section in the center shall be printed on one line the title of the office. On the same line, to the left of such title and immediately above the emblems and voting squares, there shall be printed a 160 The Election Law direction as to the number of candidates for whoni a vote may be cast, which direction shall, be punctuated by an exclamation point. If two or more candidates are nominated for the same office fw different terms, the term 'for which each is nominated shall be printed as a part of the title of the office. At the bottom of each section as many separate spaces as there are candidates to be elected shall be left blank in which the voter may write the names of any candidates not on the ballot. Except as herein otherwise provided with respect to a candidate for the office of governor; or of member of assembly who is nominated by more than one political organization, there shall be printed on each line below the top, in the following order, from left to right, the party emblem, the voting square, the candidate's name and the name of the party by which he is nominated. The width of the enclosure containing the name of the candidate and of such party shall not exceed three and one-half inches. In any case where a candidate for public office is nominated by more than one political organiza- tion, the party names and emblems shall appear in the order of priority based on the relative number of votes cast for governor by each organization at the preceding election of a governor. In any such case, the emblems shall be arranged horizontally before the voting square, beginning next to the square immediately pre- ceding the name of the candidate with the emblem of the party casting the highest number of such votes. "When any candidate for the office of governor or member of assembly is nominated by more than one political organization, there shall be one voting square, in the same horizontal row as the emblems, to the right of each emblem before the name of a candidate so nominated for such office. The final letter of the party name or names shall be close to the right hand perpendicular line of the box, and any space between the candidate's name and his party name or names shall be filled with dotted or waved lines. On the stub at the top of the ballot shall be printed the follow- ing directions to the voter : 1. To vote for a candidate on this ballot make- a single cross X < mark in one of the squares to the right of an emblem opposite his name. Ballots abtd Stationery 161 2. To vote for a candidate not on this ballot -write his name on a blank line under the candidates for that office. 3. Mark only with a pencil having black lead. 4. Any other mark, erasure or tear on this ballot renders it void. 5. If you tear, or deface, or wrongly mark this ballot, return it it and obtain another. In direction number one the words " right " and " emblem " shall be underlined. lAs amended hy chap. 821, Laws of 1913, chap. 244, Laws of 1914, and chap. 63Y, Laivs of 1916.] § 332. Form of ballot for questions submitted. The reading form of each proposed constitutional amendment or other question submitted as provided in section two hundred and ninety- five of this chapter shall be printed in a separate section. At the left of each question shall appear two voting squares, one above the other, each at least one-half inch square. At the left of the upper square shall be printed the word " Yes," and at the left of the lower square shall be printed the word " No." On the stub at the top of the ballot shall be printed the following directions to the voter: 1. To vote " Yes " on any question make a cross X mark in the square opposite the word " Yes." 2. To vote " No," make a cross X mark in the square opposite the word " No." 3. Mark only with a pencil having black lead. 4. Any other mark, erasure or tear on the ballot renders it void. 5. If you tear, or deface, or wrongly mark this ballot, return it and obtain another. The questions shall be numbered consecutively on the face of the ballot, and on the back of each voting section shall be printed the number of the question which it contains. So far as possible the ballots upon town propositions shall con- form to the directions herein contained respecting the ballot on constitutional amendments and questions submitted. All ballots for the submission of town propositions for raising or appropriating money for town purposes, or for incurring a town 162 The Election Law liability, to be voted at any town meeting in any town, shall be separate from all other ballots for the submission of other proposi- tions or questions to the electors of such town to be voted at the Bams town meeting or election. Such ballots shall be indorsed " ballot upon town appropriations." [As amended by chap. 821, Laws of 191S.] § 333. Sample ballots, instruction cards and sta- tionery. Sample ballots of each kind equal in number to twenty-five per centum of the number of official ballots 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 difEerent color from any of the official ballots 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 each kind of such sample ballots shall, at any time on the day of election, be furnished upon appli- cation to any voter 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 jiecessary, shall also be provided for each such polling place, containing in clear, large type, full in- structions for the guidance of voters 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 type, a copy of each of the sections of the penal law relating to crimes against the elective franchise. There shall also be provided two poll books, a suitable number of markers, designated as " distance markers," to indicate the distance of one hundred feet from the polling place, a sufficient supply of all blanks and forms which are needed by the election officers, heavy manila envelopes for returns and excess ballots, labels, sealing wax, pencils having black lead only, pens, pen- holders, blotting paper and red and black ink. All such articles Ballots and Statioiyeby 163 herein enumerated are hereby designated as " stationery." \_A^ amended by chap. 821, Laws of 1913.] § 334. Blank forms for election officers. 1. General provisions. At each election at which official ballots shall be used the officers charged with the duty of furnishing official ballots shall furnish to the board of inspectors of each election district printed blanks upon which the election officers shall make written returns showing the performance of their duties as such officers. These; blanks shall include blanks for a return by the ballot clerks, tallyi sheets for tallying the votes as canvassed, and blanks for a return by the inspectors of the votes as tallied. There shall be furnished for each election district three copies of each of the return sheet blanks and two copies of each of the tally sheet blanks required at that election district and no more. Each blank shall have at the top in large letters a descriptive title according to the nature of the blank. It shall also contain immediately under the title a head- ing, showing the kind of election, whether special or general, the date, the name of the county, and the number of the assembly dis- trict and of the election district in which it is to be used. The other printed matter to appear on the several blanks shall be as hereinafter provided. 2. Forms of returns and tally sheets. The return blanks and tally sheet blanks shall be as nearly as possible in the forms here- inafter provided, and all returns and tally sheets must be kept and filled out according to the forms so provided and in accordance, with the instructions contained therein. In printing the forms, the matter in brackets, [ ] being instructions to the printers, is to be omitted. The printer shall also omit the names and figures which are inserted in the forms for the purpose of illustration. A separate tally sheet shall be provided for each office or con- stitutional amendment or question submitted for which votes are to be canvassed. 3. Penalty for refusal to fill out returns and^tally sheets. A.nyr election officer who shall willfully neglect or refuse to fill out, 164 The Election Law any return or tally sheet according to the directions of this chap- ter shall be guilty of a misdemeanor. [As amended by chap. 821, Laws of 1913.] § 335. Form of ballot clerk's return. The ballot clerk's return shall be in the following form: Ballots and .Stationery 165 General Election. BALLOT CLERK'S RETURN. County of . November 19 .Assembly District. . . Election District. Total number of Official Ballots for [General OfScers] received. Number cancelled before delivery to voters Number spoiled and returned by voters Number remaining unused Number remaining to be accounted for in the ballot box 2 25 288 800 315 485 Number of detached stubs Number of stubs on unused ballots . . .^ Total N. B. Thia total must exactly equal the number of ballots received. [Repeat the foregoing form for a return of each additional kind of ballot. ] STATE OF NEW YORK, COUNTY OF The undersigned, being duly sworn, do depose and say, each for himself, that they have actually counted the cancelled ballots, and the ballots spoiled and returned by voters, and the detached stubs, and that the foregoing is a correct return of the ballots delivered to us for the election held on the day of November, 19 , at the Election District in the Assembly District in the County of , and of the disposition thereof at such election. Sworn to before me, this day of November, 19 .Ballot Clerk. .Ballot Clerk. Inspector of Elections. [As amended by chap. 821, Laws of 1913.] 166 The Electioit Laav § 337. Forms of return and tally of votes cast for presidential electors. 1. Eeturn. The official return of votes cast for presidential electors stall be in the following form: Ballots and Stationeey 167 OFFICIAL RETURN of votes cast for PRESIDENTIAL ELECTORS. General Election. County of . . .Assembly District. November 19 . Election District. Number of ballots voted was: Straight Ballots: For [Republican] candidates For [Democratic] candidates [Print the namea of the parties in the order in which they appear on the ballot.] Split Ballots Ballots wholly blank (no vote being cast thereon for any candidate) . . . Void Ballots (no vote being counted thereon for any candidate) Total. N. B. This total must exactly equal the number of ballots voted. The candidates named below received the number of votes set opposite their respective names: NUMBER NDMBEK NUMIB NAME OF NAME OF NAME OF VOTES VOTES VOTES [Republican] [Democratic] Candidates not Electors Electors on the ballot (Write in Names) [Print the groups, and also the names in the groups, in the order in which they appear on the Ballot.] The number of blank, void an d protested ballots was: The number of ballots taken from the ballot box by the chairman- as excess ballots and placed with the spoiled and mutilated ballots, was: STATE OF NEW YORK, COUNTY OF ) The undersigned, being duly sworn, do depose and say, each for himself, that the foregoing is a correct return of the ballots cast for presidential electors at the election held on the day of November, 19 , at the Election District in the Assembly District in the County of Sworn to before me this Inspector. day of- November, 19 . Inspector. Inspector . Inspector . Poll ClerU. BailoVcierka. Poll Clerk. N. B. To two out of the three returns tally sheets must be annexed. 168 The Election Law 2. Tally, The official tally of votes cast for p^eeaidenti^ -©lect- ors shall be in the following form: [As amended hy chap. 831, Laws 0/1913.] Ballots and Stationeby 169 § 338. Forms of return and tally of votes for officers other than presidential electors. l._ Return. The official return of votes for officers other than presidential electors shall be substantially in the following form with appropriate changes to indicate the vote for governor of each separate party or independent body by whom a candidate therefor was nominated: OFFICIAL RETURN of Votes cast for [General officers]. General Election. County of Assembly District. November 19 . Election District. Return of votes cast for office of [Governor]. Total Number of Ballots Voted: Number to be elected to said office: Total number of Votes to be canvassed: For the office of the candidates named below received the number of votes set opposite their respective names. [Print here the names of the candidates as they appear on the ballot, with six lines in addition for names to be written in and if a candidate for governor was nominated by more than one political organization, repeat the candi- date's name as many times as he was nominated, inserting the vote of each party or independent body separately.] Blank Votes ' Void Votes Total . [Repeat the foregoing return for each office.] The number of blank, void and protested ballots was: The number of ballots which were taken from the ballot box by the chairman as excess ballots and placed with the spoiled and mutilated ballots, was: STATE OP NEW YORK, 1 COUNTY OF J The undersigned, being duly sworn, do depose and say, each for himself, that the foregoing is a correct return of the ballots cast for the above offices at the election held on the day of 19 > at the Election District in the Assembly District in the County of Sworn to before me, this Inspector, day of November, 19 . Inspector. Inspector. Inspector. Poll Clerk. BaUot Clerk. Poll Clerk. ' N. B. To two out of the three returns tally sheets must be annexed. 170 The Election Law 2. Tally. The official tallies of votes cast for officers other than presidential electors shall be in the following form with appro- priate changes to indicate, where a candidate for governor was nominated by more than one political organization, the separate vote cast by each party or independent body for such candidate. [As amended hy chap. 821, Laws of 1913.] § 339. FornLS of retnrii and tally of votes upon questions submitted. 1. Return. The return sheet of votes upon constitutional amendments or other questions submitted, including town proposi- tions and town appropriations, shall be in all respects like the form provided by this section for the return of votes for officers except in the following particulars : (a) At the top of the sheet shall be printed the words " Official return of votes cast on (constitutional amendments, questions sub- mitted, town propositions, or town appropriations, as the case may be)." (b) Below the heading, in place of the words, " Return of votes cast for office of ," shall be printed the words, " Return of votes cast on question number (one) relating to (here give brief description)." , (c) The words " Number to be elected to said office," and " Total number of votes to be canvassed," shall be omitted. (d) In place of the words " For the office of the candi- dates named below received the number of votes set opposite their respective names," shall be printed the words, " Upon question number (one) relating to (here give same description as above directed) votes were cast as follows: Votes in favor .- Yotes against (e) The verification shall be so modified as to state that the return is of ballots cast on constitutional amendments and ques- tions submitted. 2. Tally. The tally sheet for constitutional amendments or other questions submitted shall be in all respects like the form provided by this section for the tally of votes for officers except in the following particulars : (a) At the top of the sheet shall be printed the words: " Offi- cial tally of votes cast on question number one " (or other brief designation) . (b) The matter at the top of the tally sheet, except the 'title, the Ballots and Statioweey 171 blanks to be filled in for the purpose of specifying the date and place of election, and the words, " Total number of votes to be! caayassed,'.' , shall be omitted. (c) In place of the candidates' names in the left hand column shall be printed the words " For (or against, as the case may be) question No. (or other brief designation)." (d) The lines of tally squares left on the form herewith printed for names of candidate not on the ballot shall be omitted. ' (e) The fourth instruction for tallying: shall read as follows: " 4. Tally once for each vote, whether counted for or against the qtiestion, or blank, or void." ' We certify that the foregoing statement is correct. Dated this day of November, Board of Inspectors. [As amended by chap. 821, .Laws of 1913.] § 340. Number of official ballots. The number of official ballots of each kind to be provided for each polling place for each election to be held thereat, except a village election held at a different time from a general election, shall be one and one-fourth times as many ballots as near as may be as there were names of voters on the register of voters of such district f or such election at the close of the final regular meeting for such registration. In cities of the first class the ofiicer or board charged with the duty of furnishing official ballots shall furnish one and one-fourth times as many official ballots of each kind to be pro- vided for such election as tbere are voters entitled to vote thereat, as nearly as can be estimated by sucb. officer or board. Tho number of official ballots of each kind to be provided for each polling place for a town meeting held at any time or a vilkge or city election held at a different time from a general election, shall be one and one-fourth times the number of persons who will bo entitled to vote thereat, as nearly as can be estimated by the officer charged with the duty of providing such ballots. [As amended hy chap. 820, Laws of 1913.] § 341. Officers providing ballots and stationery. The county clerk, in each of the counties of Oneida and Broome, 172 The Election Law the commissioner of elections in any county having one commis- sioner of elections, the board of elections in every other, coimty except a county within the city of 'New York, and in any. such county the hoard of elections of such city, shall provide the requisite number of official and sample ballots, cards of instruc- tion, two poll books, distance markers, two tally sheets of each kind, three return blanks of each kind, pens, penholders, red and black 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 election and the canvass of the votes, foi? each election district in the county, for each election to be held thereat, except that when town meetings, city or village elections and elections for school officers are not held at the same time as a general election, the clerk of such town, city or village, respec- tively, 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 prop- ositions and official and sample general ballots on which town offi- cers only are to be voted for 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 return blanks for -making returns on town propositions or questions and for making returns of votes cast for candidates for town officers at such an election, and the expense of furnishing such ballots, sample ballots and return blanks shall be a town charge. And the board of elections of the city of New York shall provide such articles for each election to be held in said city. [Am&nded hy chap. 649, Laws of 1911, chap. 821, Laws of 1913, and chap. 454, Laws of 1916.] § 3. The board of elections in each of the counties of Oneida and Broome is hereby abolished, and the terms of office of the members of any such board shall expire, and the powers, duties, offices and employment of such members and of the subordinates of such board shall cease and determine when this act takes effect. This act shall not affect any pending matter pertaining to the powers and duties of the board of elections of either of such coun- ties under the election law, nor affect the running of time with respect to any matter or proceeding provided for in such law. Any such pending matter shall be continued and disposed of by the county clerk of the. proper county. [Added hy chap. 454, Laws of 1916.] Ballots and Stationeey 173 § 342. Public inspection of ballots. Each offieer or board charged, with the duty of jjroviding official 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 ba,llot 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 bal- lot 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. § 343. Distribution of ballots and stationery. The board of elections of each county, except those counties which are wholly within the city of New York, shall deliver at its 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 for which they are required, the official and sample ballots, cards of instruction and other stationery required to be provided for each polling place in such tovsm or city for siich election. It is hereby made the duty of each such town or city clerk to call at the office of such board of elec- tions at such time and receive such ballots and stationery. In the cities of ISTew 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 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 shall be arranged in a package in the consecutive order of the numbers printed on the stubs thereof, beginning with number one. All official and sample ballots provided for such election shall be in separate sealed pack- ages, clearly marked on the outside thereof with the number and kind of baliota contained therein and indorsed with the designation * So in original. 174 The Election Law of the election district for which they were prepared. The instruc- tion cards and other stationery provided for each election district shall also be inclosed 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 there- of unbroken to the inspectors of election of snch 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 office of such clerk or board. Town, city and village clerks required to pro- vide the same for town meetings, city and village elections held at difFerent times from a general election, shall in like manner, deliver to the inspectors or presiding officers of the election at each polling place at which such meetings and elections are held, respectively, the official 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. [AniAefided hy chap. 537, Laws of 1916.] § 344. Errors and omissions in ballots. Upon affidavit, presented by any voter, 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 ballots, the supreme court, or a justice thereof, ma\ make an order requiring the board of elections 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 board of elections or such other officer or board shall, upon his 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 cor- rected without interfering with the timely distribution of the bal- lots to the inspectors for use at such election. \^A'me7ided hy chap. 537, Laws of 1916.] § 345. Unofficial ballots. If the official ballots required to be furnished to any town or city clerk, or board, shall not be Conduct of Elections; Canvass 175 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, shall cause other ballots to be prepared as nearly in the form of the official ballots as practicable, but without the indorsement, 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. 1 ARTICLE 10 Conduct of Elections and Canvass of Votes Section 3-50. Opening the polls. S51. Persons within the guard-rail. 352. Watchers; chaBoigBFff; electioneering. 353. General duties of inspectors. 354. General duties ectors in the form required in said section, 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 aaiy town meeting or village election where the election officers are all of the same political fkith, any voter entitled to assistance as herein provided may s^ect one of such election officers and one voter of such town or village of opposite political faith, from such, election officer so. selected, to render such assistance. 184 The Electio:^ LaW Such election *offiecr3 or persons assisting a voter shall not in any manner request or seek to persuade or induce any such voter to vote any particular ticket, or for any particular candidate, and shall not keep or make any memorandum or entry of anything occurring within such booth, and shall not, directly or indirectly, l-eveal to any other person the name of any candidate voted for by such voter, or which ticket he has voted, except they be called upon to testify in a judicial proceeding for a violation of this chapter, 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 induce any voter to vote any par- ticular ticket or for any particular candidate, and that he will not keep or make any memorandum 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 voter, or which ticket he has voted, or anything occurring within the voting booth, except he be called upon to testify in a judicial proceed- ing for a violation of the election law." The same oaith shall be taken by every voter rendering such assistance, as provided for above, and any violation of this oath shall be a felony punishable upon conviction by imprisonment in a state prison for not less than Wo nor more than ten years. No voter shall otherwise ask or receive the assistance of any person within the polling place in the preparation of his ballot, or divulge to any one within the polling place the name of any candidate for whom he intends to vote or has voted. § 358. Preparation of ballots by voters; intent of voters. On receiving his ballot the voter shall forthwith and without leaving the inclosed space 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 voter 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 voters waiting to occupy the same. It shall be unlawful to deface or tear an official ballot in any manner; or to erase any printed line, letter or word therefrom; or to erase any name or mark written thereon by a voter. If a voter wrongly mark, deface, or tear a ballot or one of a set of ballots, he may successively obtain others, one set at a time, not * So in original. Conduct of Elections; Caxvass 185 exceeding in all three sets, upon r&turning to the ballot clerks each set of ballots already received. The voter shall mark his ballot with a pencil having black lead as follows and not otherwise : 1. To vote for any candidate on any ballot, except for an entire group of presidential electors by means of a single mark as here- inafter provided, he shall make a cross X mark in the voting square at the left of the candidate's name. J 2. To vote for any candidate not on the ballot, he shall write the candidate's name on a line left blank in the appropriate place. 3. To vote for an entire group of presidential electors, nomi- nated by any party, he shall make a cross X mark in the circle above the party column. If, on a ballot for presidential electors, the voter shall make such mark in the circle above a party column and also before the name of a candidate in such column, or in the voting squares before the names of two or more candidates in such column, without making a voting mark in any voting square of lanother column and without writing in any name, such individual voting marks shall be treated as surphisage and his vote shall be (Jeemed to have been cast for all of the candidates whose names appear in the party column below such circle. If, however, a ballot for presidential electors shall be so marked in a party circle and in one or more voting squares in the column under such circle and also in any voting square or squares' in another column or columns or a name or names be also written in, the vote on a ballot so marked shall only be counted for the candidates so spe- cially indicated. 4. If, on a ballot for presidential electors, the voter shall make a cross X mark in the circle above a party column, and no voting mark in any voting square of the same column, and shall also make a cross X mark in the voting square before the name of a candidate in another party column, or in such squares before the names of two or more candidates in one or more of such other party columns, or writes in a name or names, he shall be deemed to have voted for the candidates whose names are thus specially indicated and also for all of the candidates whose names appear in the column below the circle containing such mark, except those whose names are printed in the latter column on a horizontal line with the names so specially indicated ; provided, however, that if •the voter shall make a cross X mark in the circle above a party column and also cross X marks in voting squares^before any two or more names on the same horizontal line or write a name in a 18>6 The Election Law blank space on a horizontal line with one or more names so indi- vidualiy marked, his vote shall be counted only for candidates for the office of presidential elector which, by individual voting marks or by writing, he shall have specially indicated, though there be no such marks in the column under such circle. 5. To vote on any constitutional amendment or question sub- mitted, he shall make a cross X mark in the appropriate voting square at the left of the question as printed on the ballot. A cross X mark shall consist of any straight line crossing any other straight line, at any angle, within a circle or voting square. Any mark other than a cross X mark or any erasure of any kin^ shall make the whole ballot void; but no ballot shall be declared void because a cross X mark thereon is irregular in form'. Any ballot which is defaced or torn by the voter shall be void. If a voter shall do any act extrinsic to the ballot itself, such as inclosing any paper or other article in the folded ballot, such ballot shall be void. If the elector marks more names than ther6 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. Where, in the case of a candidate for governor or member of assembly, the candidate is nominated by two or more political organizations, and the voter makes a cross X mark in two or more voting spaces or squares, his vote for such candidate shall be counted, but he shall not be recorded in the tally sheet or returns as voting with any particular party or independent body for such candidate [As amerided hy chap. 296, Laws of 1911, chap. 821, Laws of 1913, and chap. 537, Laws of 1916.] § 359. Manner of voting. When the ballot or ballot3 which a voter ihas received shall be prepared as provided in the preceding section, he shall leave the voting booth with his ballot folded so as to conceal the face of the ballot, but show the indorse- ment and fac simile of the signatxire 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. Euch inspector shall announce the name of the voter and the printed number on the stub of the official ballot so delivered. to himi in a loud and distinct tone of voice. If such voter be entilled then and there to vote, and be not chaUengedj or if challenged and the challenge be decided in his favor, and if his ballot or ballots are properly folded, and have no mark Conduct of Elections; Canvass 187 or tear visible on tke 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 clerks, such inspector shall re- ceive such ballot or ballots, and after removing the stub or stubs' therefrom in plain view of the VDter, and without removing any other part of the ballot, or in any way exposing any part of the- face thereof below the stub, shall deposit each ballot in the proper ballot box for the reception of voted ballots, and the stubs in the box for detached ballot stubs. Upon voting, the voter shall forth- with 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 three hundred and forty-five and three hundred and sixty of this chap- ter, and none but ballots provided in accordance with the pro- visions of this chapter shall be counted. Ifo official ballot folded shall be unfolded outside the voting booth. 'Ho person to whom any official ballot shall be delivered shall leave the space within the guard-rail 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 receiv- ing 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 provided, he shall not be entitled to pass again within the guard-rail for the purpose of voting, or to receive any further ballots. § 360. When unofficial ballots may he voted. If, for any cause, the official ballots shall not be provided as re- quired by law at any polling place, upon the opening of the poll's of an electron thereat, or if the supply of official ballots shall be exhausted before the poll's are closed, unofficial ballots, printed or written, made as nearly as practicable in the form of the official ballot, may be used, l § 361. Challenges. A person may be challenged either when he applies to the ballot clerk for official ballots, or when ho 188 The ELECTioTir Law offers to an inspector the ballot 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 V7hom 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, provided such chal- lenge has not previously been withdrawn. In addition to the foregoing any person may be challenged by any duly appointed watcher or challenger 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. Whenever 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 chairman of the board of inspectors or some member of suCh board to administer to such applicant the preliminary oath prescribed in the next section, and to read to such applicant each question upon the copy of the challenge affidavit signed at the time of registration by the person upon whose name the ap- plicant desires to vote, and the inspectors and watchers shall compare the answers given to such questions with the answers re- corded thereto upon the copy of said challenge affidavit, and shall carefully compare the description of the person challenged at the time of registration recorded ttpon the copy of the challenge affi- davit 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 per- son challenged and the applicant, or if the applicant shall refuse to answer any question put to 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 ^ section three hundred and sixty-four. [.4s amended by chap. 438, Laws of 1910, chap. 649, Laws of 1911, and chap. 53Y, Laws of 1916.] § 362. Preliminary oath. 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 preliminary oath: " 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 qualification as an elector." Conduct of. Electioxs; Canvass 189 The inspectors or one of them shall then question the person challenged in relation to his name; his place of residence before he 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 mat- ters which may tend to test his qualifications as a resident of the election district, his citizenship, or Ms right to vote at such election at such polling place and in addition to the foregoing provisions, the inspectors or one of them shall ask the person challenged the same questions that were asked of him when he registered. A challenge made by any elector or by any. duly ap- pointed watcher or challenger must be acted upon by the board of inspectors as provided in this section. 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 rejected. After receiving the answers of the per- son 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, [As amended hy chap. 428, Laws of 1910, and chap. 649, Laws of 1911.] § 363. General oath, and additional oaths. If the person so ofEering to vote shall persist in his claim to vote, and the challenge be not withdrawn, one of the in- spectors 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 resident of this election district, and that you have not voted at this election." 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 pai'i' °^ '^^^^' ^^ money or other valuable thing, as a compensation or reward for the giving or withholding of 190 The Election Law a vote at this election, and have not made any promise to inftuerice the giving or withholding of any such vote, and that you have not made, or hecome directly or indirectly interested in any bet or wager depending upon the result of this election. 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 aifirm) 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 ten- dered him, his vote shall be accepted. § 364. Record of persons challenged. 1. The in- spectors of election shall keep a minute of their proceedings in, respect to the challenging and administering oaths to persona offering to vote, in which shall be entered by one of themi 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 election, 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 electioii in such district. 2. In cities and villages having a population of five thousand or more, in addition to the foregoing record, the chairman of each board of inspectors shall, immediately after any election or pri- mary, return to every public ofiicer who has filed with. him or a meinber of his board a list of voters to be challenged, such chal- lenge list with a written statement opposite each name, giving the reason, if the name was voted on, why the board permitted any person to vote thereon, or, if some person applied to vote thereon and was challenged and did not vote, the words " challenged and did not vote ; " or if no person applied to vote on such name, the words " no application." Before making such return such chair- man shall sign his name at the foot of each page of such challenge list. \_As amended by chap. 678, Laws of 1915, and chap. 5dT, Laws 0/1916.] § 365. Time alloived employees to vote. Any person' entitled to vote at a general election held within this state; shall on the day of such election be entitled to absent himseK Conduct of Elections ; Canvass 191 from any service or employment in which he is then engaged or employed, for a period of two hours, while the polls of such elec- tion are open. If such voter shall notify his employer before the day of such election of such intended absence, and if there- upon two successive hours for such absence shall be designated by the employer, and such absence shall be during such designated hours, or if the employer upon the day of such notice makes no designation, and such absence shall be during any two con- secutive hours while such polls are open, no deduction shall be made from the usual salary or wages of such voter, and no other penalty shall be imposed upon him by his employer by reason of such absence. This section shall be deemed to include all em- ployees of municipalities. § 366. Canvass of votes; preparation for canvass. 1. Place and tiine of canvass. As soon as the polls of an election are closed, the inspectors of election thereat shall publicly canvass and ascertain the votes, and not adjourn or postpone "the canvass until it shall be fully completed. 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 lae lawful for any person or persons, during 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. 2'. Ballot clerks. At the close of the poUs the ballot clerks shall make up in triplicate in ink a return which shall account for all the ofEcial ballots furnished to the election district in which they are serving; they shall count and verify the number of each kind of unused ballots, and enter it upon their returns ; they shall then open the box for ballots canceled before delivery and spoiled and xetumed by voters, separate tiiem into their several kinds, count all ballots of each kind and enter the numbers upon their returns. They shall make the additions and subtractions called for by the returns and prove their figures. In making their re- turns ;as aforesaid, the ballot clerks shall use the printed forms supplied to them with the ba,llots, and they shall carefully insert in all the blank spaces thereon the appropriate names, words and figures according to the directions contained in article nine of this chapter and printed on the forms. Each kind of baUot.and eacL kind of stub shall immediately, after thev are counted as aforesaid be securely tied in a separate 192 The Election Law package, and shall be plainly labeled, sealed, and returned to the box from which it was taken, and the box securely locked and sealed. The ballot clerks shall also securely tie all unused ballots in a sealed package. They shall then sign and swear to their re- turns before one of the inspectors and shall deliver their returns, the boxfes, packages, ballots and stubs, together with the keys of the boxes,, to the chairman of the board of inspectors. The ballots so sealed and delivered shall be deposited and preserved as ballot boxes are hereinafter required to be deposited and preserved. 3. Poll clerks. Immediately upon the close of the polls the' poll clerks shall assist the inspectors of election in comparing the poll-books with the registers as hereinafter provided, and shall make out in triplicate in ink and sign and swear to their returns before one of the inspectors of elections according to the forms provided, and deliver them to the chairman. 4. Order of canvassing. The ballot boxes shall then, and not before, be opened and the ballots shall be canvassed, in the follow- ing order: First. The box, if any, containing presidential ballots. Second. The box, if any, containing general ballots; and Third. The boxes, if any, containing ballots upon constitutional anlendtnents or other questions submitted, including town ques- tions. \^As amended hy chap. 821, Laws of 1913.] § 367. Comparing poll-books and registers; verify- ing number of ballots. The board of inspectors shall com- mence the canvass by comparing the two poll-books with the regis- ters used on election day as to the number of voters voting at the election, correcting any mistakes therein, and, after the ballot clerks have delivered their returns to the chairman of the board, and not before, by counting the ballots found in the ballot boxes without linfolding them, except so far as to ascertain that each ballot is single, and by comparing the number of ballots found in each box with the number shown by the poll-books and the ballot clerks' returns 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 1 shall all be replaced, without being unfolded, in the box from which they were taken, and sliall be thoroughly mingled therein, and one of the inspectors designated by the board shall, withcnt 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 un- folding them, forthwith inclose them in an envelope which he Conduct of Elections; Canvass 103 shall then and there seal and indorse " excess ballots from the box for ballots for (presidential electors, or general officers, et Cetera, as the case may be)," signing his name thereto, and such entilope with the excess ballots therein shall be placed in the box fot do- fective or spoiled ballots. If two or more ballots shall be found in the ballot box so folded together as to present the appearance of a single ballot, and if the whole number of ballots in such ballot box exceeds the whole number of ballots shown by the poll books and ballot clerks' re- turns to have been deposited th-erein, and not otherwise, they, or enough of them to reduce the ballots to the proper number, selec- tion to be made without examination of any voting mark thereon, shall similarly be inclosed, sealed, indorsed and placed with the spoiled ballots. If, however, there lawfully be more than one ballot box for the reception of ballots voted at the polling place, no ballot foilnd ill the wrong ballot box shall for that reason 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 ard shown by the poll-books and ballot clerks' returns to have been deposited in the proper box. No ballot that has not the official indorsement shall be counted except such as are voted in accordance with the provisions of this chapter relating to unofficial ballots. \^As amended hy chap. 821, Laws of 1913.] § 368. Method of canvassing. 1. Method of canvassing ballots generally. Except as herein- after specially provided, the method of canvassing ballots shall bo as follows: The chairman of the board of inspectors shall personally un- fold each ballot of the kind then to be canvassed in such a manner that its face shall be down and all marks thereon shall be -Wholly concealed,, and he shall place all the Ijallots, so unfolded and with their faces down, in one pile. He shall then take up each ballot in order, turn it face up, and announce in a loud and distinct voice, the vote registered on the first section or that the ballot is void or that the section is blank, as the case may be. He shall then titrn the ballot face down and place it in a new pile. When he- has annotmced the votes on the first sections of -all the ballots of 7 ' >': 194 The Electioit Law the kind then to be canvassed, and the poll clerk's tallies made as hereinafter provided are proved to be correct, the official return provided for in article thirteen shall be filled out and' signed. Then, and not before, the chairman shall proceed to canvass in like manner the votes upon the sections remaining to be can- vassed, completing the canvass of each ballot as he proceeds, and thus he shall proceed until all the ballots have been canvassed. , As'each vote is announced each poll clerk shall immediately tally if in black ink, vs^ith a dovs^nward stroke from right to left upon the official tally sheet provided for the purpose, also care- fully tallying one for each blank or void vote. Each poll clerk as he tallies a vote shall clearly announce the name of the candidate 'ibf, ^hom he tallies it, or that he tallies the vote blank or void as 'the case may be, or in case of a question submitted that he tallies the vote " Yes " or " No " as the case may be, and until such announcement by each poll clerk the chairman shall not announce Another vote. When a candidate's name is not printed on the official tally sheet or return provided, it shall be written in full thereo!n in ink in its due order, that is, in the order in which it appears on the ballot. The tally marks shall be made in due numerical order in the tally spaces provided. When all the sections relating to the saine office or question shall have been canvassed, the number of ballots shall be com- pared with the tally thereof. If the result as shown on the tally Sheets does not agree with the results as shown by the number of ballots, an error has been committed and a recanvass must be made. -Upon the recanvass, the tally must be kept in red ink from left to right across the previous tally marks. When all the errors have been corrected and the tally sheets have been found to be correct, the poll clerks shall indicate the last tally opposite each name by forthwith canceling at least the next ten unused tally spacesj if there are so many, and if there are not so many, then as many as possible, by drawing through them in red ink one or more horizontal straight lines. The tally sheets having been thus pre- pared, verified, and closed, the inspectors and poll clerks shall sign the certificate at the foot of each sheet in the places indicated thereon. [As amended by chaps. 296 and 649, Laws of 1911, ehap. 821, Laws of 1913, aind chap. 244, Laws of 1914.] 2. Canvassing ballots when more than one candidate is to be elected to the same office. When moire than one candidate is to be elected to the same office, the foregoing method of canvass shall be modified, to meet the necessities of the case, as follows.: Conduct OP Elections; Canvass 195 The ehairman shall read the names of the candidates voted iox in the order in which they appear in the section, and each poll clerk shall make an accurate tally of each vote as announced upon the official tally sheet provided for the purpose. The chairman shall also announce the void ballots, if any, and the number of blanks, if any, upon the section, and each poll clerk shall make as many tallies for each void Ijallot as there are candidates Ijhereon to be elected to the office in question, and one tally for each blanL 3. Canvassing presidential ballots. The straight ballots, jthat is, all valid ballots on which all the candidates in any party group are voted for, shall be placed in piles, like with like, and thie split ballots, that is, all valid ballots marked in one or more of ■j;hp individual voting squares or with names written thereon, shall M placed inone pile, and all void ballots and wholly blank ballots shall be likewise placed in separate piles. Each of the piles shall then be counted and the result clearly announced, and the number of straight votes for each candidate shall be entered in gross opposite his name on a tally sheet by each poll clerk, and the number of split, void and wholly blank ballots shall be similarly entered in their appropriate places. The chairman shall then take the split-ballots and they shall be canvassed, announced and. tallied in the manner above provided for canvassing ballots when more than one candidate is to be elected to the same office. \^As amended hy chaps. 296 and 649, Laws of 1911, and chap. 821, Laws of 1913.] § 369. Objections to the counting; disposal of ballots. If objection is taken to the counting of any ballot or section, the board of inspectors shall forthwith and before can- vassing any other ballot or section rule upon the objection. If the objection is continued after this ruling, the chairman, or if he refuse, one of the other inspectors, shall write in ink upon the back of the ballot a memorandum of the ruling and objection. The memorandum of the ruling shall be in the words " Counted ■void," or " Counted blank," or " Counted for (naming the candi- date or candidates or the presidential ticket)," or, in the ease of a question submitted " Counted for Question ISTo. — ," or " Counted against Question No. — ," as the case may be. The memorandum of the objection shall be in the words " Objected to," followed by a- brief statement of the nature of the objection and the signature of the chairman or other inspector. Any ballot as to the counting of which objection is not taken but which is wholly blank or wholly void shall be indorsed in ink il96 The Election Law by the chairman of the board of inspectors, or if he refuse, by one of the other inspectors, with the words, " Wholly blank " or -" Wholly void," as the case may be, and this memorandum of in- -dorsement shall be followed by the signature of the chairman or other inspector. In each case in which objection is taken or in which any ballot is canvassed as wholly blank or wholly void, each poll clerk shall tally once in the place provided at the foot of the tally sheet. . When all the ballots of any one kind shall have been canvassed, the chairman of the board of inspectors or, if he refuse, one ' of the other inspectors, shall carefully . and securely place .all the ballots of that kind as to the counting of which any objection was srtakeh, all ballots which are wholly void, and ballots which are ' wholly blank, in a separate sealed package, which shall be in- dorsed 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. The package so sealed shall be known as iiei package of protested, void and wholly blank ballots and shall be disposed of as hereinafter provided in sections three hun- dred and seventy-six, three hundred and seventy-seven, three hundred and seventy-eight and three hundred and eighty of this chapter. The other ballots shall be tied together, labeled,, and re- turned to the ballot box from which they were taken before pro- ceeding to canvass the next kind of ballots to be canvassed. Any inspector who shall refuse to write in ink upon the Back of any ballot a memorandum of a ruling or objection to the count- ing thereof, or shall refuse to place in the package of protested ballots any ballot as to the counting of which any objection has been taken, shall be guilty of a felony. {As amended by chap. 821, Laws of 1913.] § 370. Proving tlie tallies. 1. Proving the tally of ballots other than those for presidential electors. Immediately upon counting the vote for any question, or for any office other than that of presidential elector, the poll clerks shall verify their figures by adding together all the votes tallied therefor, whether for a candidate, or for or against a question, or as void or blank. If, in a case where more than one candidate is to be elected to one office, the number of votes tallied (including void and blank • votes) does not exactly equal the number of ballots cast (includ- ing void and blank ballots) multiplied by the number. of candi- dates to be elected, or if, in the case of a question submitted or in a case where- only one candidate is to be elected to an office, the Conduct of Elections ; Canvass 197 total number of votes tallied (including void .and blank votes) shall not exactly equal the number of ballots cast (including void and blank ballots), an error has been committed and a recanva'ss must be immediately made, as hereinbefore prv>vided in sectita three hundred and sixty-eight of this chapter. 2. Proving the tally of ballots for presidential electors. In the case of ballots for presidential electors, the poll clerks shall verify their figures as follows: ■ , First, they shall add together the votes counted for electors of each party; Second, they shall add together the votes counted for candidaites not on the ballot; h'Aal Third, they shall add together the void and wholly blank ballidts and shall multiply the siTm so obtained by the number of electors to be elected ; Fourth, they shall add together the votes on the split ballots tallied as blank ; ■ Fifth, they shall then add together the four sums so ;obtaineid. If the total of these fouj sums shall not exactly equal the num- ber of ballots cast (including void and blank ballots) nmltiplipd by the number of electors to be elected, an error has been com- mitted, and a recanvass must be immediately made as herein- before provided in section three hundred and sixty-eight of this chapter. [As amended hy chap. 821, Laws of 1913.] § 371. General provisions as to canvass. The ballots shall at all times be kept on top of the table and in plain view of all parties entitled to examine them, until they have been ti^d into bundles as elsewhere provided. If requested by any person entitled to be present the inspectors shall, during the canvass of any ballot, exhibit to him the ballot then being canvassed, fully ' opened and in such a condition that he may fully and carefully read and examine it, but no inspector shall allow any ballot to be taken from his hand or to be removed from any pile by any per- son but the chairman. Any person who shall mark, tear or de- face any ballot of another with the intent of defeating or "altering a vote or ballot, shall be guilty of a felony, and shall be punished upon conviction thereof by imprisonment in a state prison for a period of iiot less than five nor more than ten years. [As amended by chap. 821, Laws of 1913.] § 372. Statement of nanvass to be delivered to police. In all cities and villages of five thousand inhabitants 198 The Election Law or more the chairman of the board of inspectors shall, forthwith upon the completion of the count of votes and the announcement iiiereof , deliver to the police officer on duty at such place of can- vass a statement subscribed by the board of inspectors, stating the number of votes received by each candidate for office. Slich state- ment shall forthwith be conveyed by the said officer 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 officer in command thereof, who shall immediately transmit by telegraph, telephone or messenger, the contents of such statement to the officer commanding the police department of such city or village, gfe a; city of over one million inhabitants, such commanding officer shall cause all such returns to be immediately tabulated so that the final result may be known as early as possible, and within twenty-four, hours of its receipt at the station-house such state- ment itself shall be filed with such commanding officer. 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 office. [As amended hy chap. 649, Laws of 1911, and chap. 6Y8, Laws of 1915.] .§ 373. Returns of canvass. Upon completing the can- vass, the inspectors and poll clerks shall make and sign in ink their several returns in triplicate, and shall verify them before the respective officers authorized for that purpose, and shall sign and certify in ink each tally sheet to be certified by them. In 'making their returns as aforesaid, the inspectors und poll clerks shall use the printed forms supplied to them with the ballots, and they shall carefully insert in all the blank spaces thereon the ap- propriate names, words and figures according to the directions contained in article nine of this chapter and printed on the forms. In the absence of an officer authorized to take acknowledgments and proof of deeds, and for the purposes of this chapter, any elec- tion officer shall be authorized to administer the oath to any other election officer. Each of the two tally sheets shall be securely at- tached by the chairman to one of the returns relating to the same office or question and shall be treated as a part thereof. Any election officer who shall sign any statement of the canvass at any place other than the polling place, or at any time other than immediately after the canvass is completed, except under di- rection of a court, and any election officer 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 Conduct of Elections; Canvass 199 punished, upon conviction thereof, by imprisonment in a state ■prison for not less than two nor more than five years. If changes be necessary in any of the forms for tallies' and re- turns, as prescribed in this article, the secretary of state shall prescribe the same. [_As amended by chap. 821, Laws 0/ 1913.] § 374. Preservation of ballots. After the last tally sheets and returns are completed, and all the stubs and ballots, except the protested, void and wholly blank ballots, are replaced in the boxes from which they were taken, each 'box shall be Securely locked and sealed, and deposited, by an inspector designated for that purpose, with the-officer or board furnishing it, together with the separate sealed package of unused official ballots. The bosA and packages so deposited shall be preserved inviolate for''¥i& months after the election, except that they may be opened and their contents examined upon the order of any court of competent jurisdiction or may be opened by direction of a committee of' the senate or assembly to investigate and report upon contested elec- tions of members of the legislature voted for at such election and their contents examined by such committee in the presence of the officer having the custody of such boxes. Unless ordered to be preserved by such a court, or unless an examination by^uch a committee be pending, they shall be opened and their, contents destroyed after six months, except, that in a year in which a presi- dent of the United States is to be elected, in counties in which no contest has been noted, such boxes may be opened and their con- tents destroyed after four months and the boxes prepared for use at the primary election as provided in section seventy-nine of this chapter. The protested, void and wholly blank ballots shall be preserved as provided in section four hundred and thirty-seven of this chapter. Any candidate shall be entitled as of right to an examination in person or by authorized agents of any ballots upon which his name lawfully appeared as that of a candidate; but the court shall prescribe such conditions as of notice to other candi- dates or otherwise as it shall deem necessary and proper. [Ammded hij chap. 821, Laws of 1913, arid chap^. 31 cmd 537; Laws of 1916.J § 375. Proclamation of result. Upon the completion of such canvass and of the statements of the result thereof, the chair- man of the board of inspectors shall make public oral procla- mation of the whole, number of votes cast at such election at such polling place for all candidates for each office; upon each 200 The Election Law ' (y. proposed constitutional amendment or other question or propo- sition,-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 amend- ment or other question or proposition, if any, so submitted. \_As amended by chap. 821, Laws 0/ 1913.^ 1 - - '' ' ■ § 376. Sealing statements. Each statement of canvass shall then be securely sealed with sealing wax in separate enve- lopes properly indorsed on the outside thereof by the inspectors, and shall' be kept inviolate by the officers or board with whom they %*fe' filed until delivered, together with the packages of protested, ^d and wholly blank ballots, to the county or city board of can- vassers. [As amended hy chap. 821, Laws of 1913. J § 377. Delivery and filing of papers relating to tlie election; general provisions. If the election be other than an election of town, city, village or school officers, held at a dif- ferent time from a general election, the chairman of the board of inspectors of each election district, except in the city of New York, shall forthwith upon the completion of the triplicate state- ment of the result, deliver one set of returns to the supervisor of the town in which the election district, if outside of a city, is situated, and if in a city, to one of the supervisors of said city. If there be no supervisor, or he be absent or unable to attend the meeting of the county board of canvassers, it shall be forthwith delivered to an assessor of such town or city. One set of returns with tally sheets annexed, together with the poll books of the election, 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 package of protested, void and wholly blank ballots and the third set of returns with tally sheets annexed shall, within twenty-four hours after the completion of such canvass, be filed by the chairman of the board of inspectors, with the board of elections 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 one hundred and eighty of this chapter. Each poll book containing signatures of electors required by this chapter to sign the poll book and all ." identification statements for election day" received thereat shall within forty-eight hours after the close of the can- vas3 be filed in person or by mail by the poll clerk of each election i!!. Conduct of Elections; Canvass 201 district having, charge of such book, with the state superintendent of elections in such one of his offices as he may in writing, desig- nate. [As amended by chap. 649, Laws of 1911, chap. 821, Laws of 1913, and chap. 537, Laws of 1916.] § 378. Delivery and filing of papers in the city of New York. In the city of New York the package of protested, -void and wholly blank ballots and one set of returns wife tally sheets annexed, together with one of the poll books, shall be filed by the chairman of the board of inspectors within twenty-four hours after the completion of the canvass with the county cl(\rk of the county within which the election district is located-* ft QjM set of returns with tally sheets annexed and the other poll h(^ shall be filed within such time with the board of elections or with the chief clerk of the branch office 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 third set of returns 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 that they make and sign the aforesaid returns, make a certified copy of so much thereof as relates to any candidate for member of assembly, sen- ator, or representative in congress, voted for both in said election district and in any part of any county not within the city of New York, and such certified copy must, within twenty-four hours after the completion 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 in which such officers or any of them are voted for at such election. [As amended hy chaps. 2T4 and 649, Laws of 1911, and chap. 821, Laws of 1913.] § 380. Delivery and filing of papers in the county of Erie. In the county of Erie one return with tally sheets annexed 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 return with the clerk of the county of Erie. The package of protested, void and wholly blalik ballots and the third return with tally sheet annexed 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 202 The Election Law 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. [As amended hy chap. 821, Laws of 1913.] § 381. Judicial investigation of ballots. If any state- ment of the result of the canvass in an election district shall show that any of the ballots counted at an election therein were pro- tested or were canvassed as wholly blank or void, a writ of man- damus 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 otherwise to the inspectors of election making such statement, re- quiring a recanvass of such ballots. If the court shall, in the proceedings upon such writ, determine that any such ballot was improperly canvassed, it shall order the error to be corrected. Boards of inspectors of election districts, and boards of canvass- ers, shall continue in office for the purpose of such proceedings. [As amended by chap. 821, Laws of 1913.] § 382. Destruction of books, records and papers relating to the elections. The officer or board with whom the statement of the result, the returns with tally sheets annexed together with the poll books of the election, the " identification statements for election day," the register of electors and the pub- lic copy thereof are filed after an election shall preserve the same for at least two years after the receipt thereof and until all suits or proceedings before any court or judge touching the same shall have been determined. At the expiration of such time such books, records and papers, except a poll book containing signa- tures of electors, may be destroyed by such officer. This section shall not apply to a city of over one million inhabitants. [Added by chap. 537, Laws of 1916.] 1 ARTICLE 11 Voting Machines Section 390. State voting machine commissioners. 391. Examination of voting machine. 392. Requirements of voting machine. 393. Adoption of voting machine. ^As renumbered by chap. 800, Laws of 1913. Voting Machines 203 Section 394. Experimental use of voting machine. t!95. Providing machines. 396. Payment for machines. 3 97. Form of ballots. 398. Sample ballots. 399. Number of official ballots. 400. Preparation of voting machine for election. 401. Instruction of election officers. 402. Instruction of voters before election, 403. Independent nominations.* 404. Distribution of ballots and stationery. , 405. Tally sheets. 406., Unofficial ballots. '^]['^ 407. Opening the polls. m 408. Independent ballots. 409. Location of machines; guard-rail. 410. Manner of voting. 411. Instructing voters. 412. Illiterate or disabled voters. 413. Canvass of vote and proclamation of result. 414. Disposition of irregular ballots ; and preserving the record of the machine. 415. Disposition of keys; opening counter compartment 416. Provision for re-canvass of vote. 417. Application of other articles and penal law. 418. When ballot clerks not to be elected. 419.' Number of voters in election districts. 420. Definitions. 421, Saving clause. § 390. State voting machine commissioners. There shall be a state board of voting machine commissioners which shall consist of three commissioners to be appointed by the governo* every five years, one of whom shall be an expert in patent law and two of whom shall be mechanical experts. Their successive terms of office shall begin on the first day of January of every fifth year dating from nineteen hundred and three and end on the thirty- first day of December. Any commissioner now in office or here- after appointed may be removed at the pleasure of the governor, and vacancies shall be filled by the governor for any unexpired term. Repealed by chap. 821, Laws of 1913. 204 The ELECTrow Law No voting machine commissioner shall have any pecuniary in- terest in any voting machine. '§ 391. Examination of voting machine. Any person or corporation owning or being interested in any voting ma- chine may apply to the state board of voting machine commis- sioners to examine such machine and report on its accuracy, effi- ciency and capacity to register the will of voters. The commission- ers shall examine the machine and report accordingly. Their re- port 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 bfes safely used by such voters at elections, under the conditions p^seribed 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 re-approval thereof. Any form of voting machine not so approved, or which has not been heretofore examined by said commissioners and reported on pursuant to law and its use specifically au- thorized by law, can not be used at any election. Each commis- sioner is entitled to one hundred and fifty dollars for his compen- sation and expenses in making such examination and report, to he paid by the person or corporation applying for such examination § 392. Requirements of voting macbine. A voting machine approved by the state board of voting machine commis- sioners must be so constructed as to provide facilities for voting for such candidates as may be nominated. It must also permit an elector to vote for any person for any office, 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 constructed that an elector cannot vote for a candidate or on a proposition for whom or on which he is not lawfully entitled to vote. It must also be so constructed as to prevent voting for more than one person for the same office, except where an elector 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 per- sons for that office as he is by law entitled to vote for and no more, at the same time prfeventing his voting for the same person twice. It must be provided with a lock or locks, by the use of which im- mediately after the polls are closed or the operation of such VoTiJVG Machikbs 205; maehine for such election is completed, any movement of the vot- ing or registering mechanism is absolutely prevented. It may also be provided with a separate ballot in each party column or row containing only the words " presidential electors " preceded by the party 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. [As amended .by chap. 649, Laws of 1911, and chap. 821, Laws of 1913.] § 393. 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 to'v^, or the board of trusteea.j of any village may adopt for use at elections any kind of yiQt^gq machine approved by the state board of voting machine commi^j; i sioners, or the use- of which has been specifically authorized by law ; and thereupon 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 coiinting votes cast at such electionsu . Voting machines of different kinds may be adopted for different-, districts in the same city, town or village. § 394. Experimental use of voting machine. The authorities of a city, town or village authorized by the last section to adopt a voting machine may provide for the experi- mental use, at an election in one or more districts, of a machine which it might lawfully adopt, without a formal adoption therebf ; and its use at such election shall be as valid for all purposes as if it had been lawfully adopted. § 395. Providing machines. The local authorities adopt- ing 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 furni- ture and equipment of the polling place when not in use at an election. If it shall be impracticable to supply each and every election 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 officers adopting the same may direct. § 396. Payment for machines. The local authorities, on the adoption and purchase of a voting machine, may pro- ^06 The Election Law vide 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. § 397. 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 as plain, clear type as the space will reasonably per- mit. . The party emblem for each political party represented ou the machine, which has been duly adopted by such party in ac- cordance with this chapter, and the party name or other designa- tion shall be affixed to the names, or, in case of presidential Electors, to the list of candidates of such party. Each party may be further distinguished by a stripe of color below the party em- blem, which shall be adopted in the same manner as the party emblem. The order of the lists or names of candidates of the several parties or organizations shall be arranged as provided by this chapter for blanket ballots, except that they may be arranged either vertically or horizontally. When the same person has been nominated for the same office to be filled at the election by more than one party or independent body, all the provisions relating to .the official ballot in this chapter shall apply and the voting ma- chine shall be so adjusted that his name shall appear but once on the ballot. But in the case of a person so nominated, the name and emblem of the party casting the highest number of votes for governor at the last preceding election of a governor shall be at the left of or above the names and emblems of other parties and independent bodies uniting in the same nomination, and the names and emblems of the latter parties shall follow in the order of priority based on the relative party vote for governor at such election, counting from left to right if the column be horizontal and downward if the column be vertical. ^As amended Ijy chap. 649, Laivs of 1911, chap. 821, Laws of 1913, and ehap. 537, Laws of 1916.J § 398. Sample ballots. The officers or board charged 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 official ballots are arranged for Voting Machines SOt voting on election day. Such sample ballots shall be open .to public inspection at such polling place during the election day^ In all general elections where voting machines are used ther? may be furnished . a suiEcieht number of sample ballots of a re- duced size, showina; the key board of the voting machine as it will appear after the official ballots are arranged for voting on election day, with illustrations and brief instructions how to vote ; one of which samp.e ballots may be mailed by the county clerk to each registered voter at least three days before the election or in lieu thereof, a copy of such sample ballot may be published for one week prec/eding the election in newspapers representing at least two political parties. : e/d § 399. Number of official ballots. Four sets of ballots shall be provided for each polling place for each election for use in the voting machine. § 400. Preparation of voting machine for election. The board of elections for each county and the city of New York in which voting machines are to be used, shall cause the proper ballot labels to be placed on the machines corresponding with the sample ballots herein provided for, and the machine in every way put in order, set, and arranged, ready for use in voting at such election; and, for the purpose of so labeling, putting in order, setting and arranging the machine, shall employ one or more competent persons who shall be known as the voting machine cus'- todian, or custodians, who shall be sworn to perform their duties honestly and faithfully, and for such purpose shall be considered as officers of election, and shall be paid for the time spent in the discharge of their duties, in the same manner as election officers are paid. In cities where there are more than twenty voting machines, more than one custodian shall be appointed. They 'shall be selected from the two political parties entitled to representation on a board of election officers. Said custodian, or .custodians, shall, under the direction of said board or officer having charge and control of the election, cause the machine to be so labeled, put in order, set, arranged, and delivered to the polling place t)f the election district in which the election is to be held, together ^ith all furniture and appliances necessary for the proper con- ducting of the election, at least one hour before the time set for opening the polls on election day. In preparing a voting machine for an election, the custodian shall, according to the printed directions furnished, arrange the machine and the ballots therefor 208 The Election Law so that it will in every particular meet the requirements for voting and counting at such election, and thoroughly test the same. Be- fore preparing the voting machine for any election written notice shall be mailed to the chairman of the city, or town committee of at least three of the principal political parties, stating the time and place where machines will be prepared, at which time one representative of each of such political parties shall be afforded an opportunity to see that the machines are in proper condition for use in the election; such representatives shall be sworn to faithfully perform their duties and shall be regarded as election pfficials but shall not interfere with the custodians or assume any of their duties. When a machine has been so examined by such representatives it shall be sealed with a numbered metal seal. Such representatives shall certify: to the number of the machines;, jf all of the counters are set at 000; and the number registered on the protective counter, if one is provided, and on the seal. After the preparation of the machines, an officer or officers or someone duly authorized, other than the pei-son who has prepared them for the election, shall inspect each machine, and report in writing if all of the registering counters are set at zero (000), and the machine is arranged in all respects in good order for the .election and locked, with the number registered on the protective counter, if one is provided; and with the number on the seal. ' When a voting machine has been properly prepared for election, it shall be locked against voting, and sealed ; and the keys thereof shall be delivered to the board or official having charge and control of elections, together with a written report made by the custodian of the machine on blanks furnished to him, stating that it is in every way properly prepared for the election. All voting machines shall be transferred to the polling places in charge of an au- thorized official, who shall certify to their delivery in good order. After the machine has been delivered and set up ready for use in the election at the polling place, it shall be the duty of the local authorities to provide ample protection against molestation or injury to the machine. Every voting machine shall be fur- nished with a lantern, or a proper substittite for one, which shall give sufficient light to enable electors while in the booth to read the ballot labels, and suitable for use by the election officers in examining the counters. The lantern shall be prepared in good, order for use before the opening of the polls. All voting machines used' in any election shall be provided with a screen, hood, or curtain which shall be so made and adjusted as to completely Voting Machikes, 209 conceal the elector and his action while voting. [As amended hy chap. 649, Laws of. 1911.] § 401. Instruction of election officers. ISTot later than the first day of October in each year, the custodian, or custodians, of the machine shall instruct each board of inspectors that is to sei-ve in an election district in the use of the machine, and in the duties of inspectors of election in connection therewith; and he shall give to each inspector of election that has received such iti- strixction and is fiilly qualified to properly conduct the election with the machine, a certificate to that effect. For the purpose of giving such instruction, the custodian shall call such, meeting,, qr meetings, of the inspectors of election as shall be necessary; but such meetings .shall not he called earlier than seven o'clock. in the afternoon. Such custodian shall without delay file a report with the board or official in charge of elections, stating' that ■ he has instructed the election officers, giving the names of such officers, and the time and- place where such instruction was given. The inspectors of election of each election district in which a voting machine is to be used, shall attend such meeting, or meetings, as shall be called, for the purpose of receiving such instructions, con- cerning their duties as shall be necessary for the proper condtict of the election with the machine. Each inspector of election that shall qualify for and serve in the election, shall be paid one dollar for the time spent in receiving such instruction, in the same man- ner and at the same time as he is paid for his services on elec- tion day. ISTo inspector of election shall serve in any election at which a voting machine is used, unless he shall have received such instruction and is ftilly qualified to perform his duties in connection with the machine, and has received a certificate to that effect from the custodian of the machines ; provided, how- ever, that this shall not prevent the appointment of an inspector of election to fill a vacancy in an emergency. [As amended hy chap. 649, Laws of 1911.] § 402. Instruction of voters before election. In all places where voting machines are to be used one or more of such machines which shall contain the ballot labels, showing the party emblems and title of offices to be voted for, and which shall so far as practicable contain the names of the candidates to be voted for, shall be placed on public exhibition in some suitable , place, in charge of a competent instructor, for three days during the thirty days next preceding the election ; 210 The Election Law but no voting machine whicli is to lae assigned for use in an elec- tion shall be used for such public instruction within five days beforp the election. During public exhibition of any voting ma- chine for the instruction of voters previous to an election, the counting mechanism thereof shall be concealed from view and the doors may be temporarily opened only when authorized by the board or oiScial having charge and control of the elections. Printed instructions how to vote circulated to voters must con- form to the instructions approved by the officials providing bal- lots, arid adapted to the machine used. § 404. Distribution of ballots and stationery. The ballots and stationery shall be delivered to the board of in- spectors of each election district before ten o'clock in the forenoon of the day next preceding the election. § 405. Tally sbeets. In uach election district where voting machines are used, tally sheets shall be printed to conform with the type of voting machine used, of a form approved by the secre- tary of state. The designating number and letter on the .counter for each candidate shall be printed next to the candidate's name on the tally sheets, § 406. Unofficial ballots. If the official ballots for an election district at which a voting machine is to be used, .re- quired 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 pther ballots to be prepared, printed or written, as nearly in th^ fonn of the official 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 bal- lots so substituted shall be known as unofficial ballots. § 407. Opening the polls. 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 ar- range 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 station- ery required to be delivered to them for such election ; and if it be Voting M-AGHiNES 211 an election at which registered voters only can vote, the registry of such voters required to he made and kept therefor. The inspectors shall thereujjon cause at least two instruction cards, and if printed in different languages, at least two of each lan- guage, to he posted conspicuously within the polling plac^. If not previously done, they shall insert in their proper place on thp voting machine, the ballots containing the names of offices to be filled at such election, and the names of candidates nominated therefor. The keys to the voting machine shall be delivered to the election officers three-quarters of an hour before the time set for opening the polls, in a sealed envelope, on which shall be written or printed the number and location of the voting ma- chine ; the number on the seal ; and, if provided with a protective counter, the number registered- on such counter, as reported by the custodian. The envelope containing the keys shall not be opened until at least one inspector from each of two political parties shall be present at the polling place and shall have ex- amined the envelope to see that it has not been opened. Before opening the envelope all election officers present shall examine the number on the seal on the machine, also the number regis- tered on the protective counter,, if one is provided, and shall see if they are the same as the numbers written on the envelope containing the keys. If found not to agree, the envelope must not be opened until the custodian, or other authorizedt person, shall have been notified and shall have presented himself at the polling place for the purpose of re-examining such machine and shall certify that it is properly arranged. If the numbers on the seal and protective counter, if one is provided, are found to agree with the numbers on the envelope the inspectors shall pro- ceed to open the doors concealing the counters. Before the poU's are open for election, each inspector shall carefully examine every counter and see that it registers zero, and the same shall be subject to the inspection of the official watchers. The ma- chine shall remain locked against voting until the polls are formally opened and shall not be operated except by voters in voting. If any counter for a candidate is found not to register zero (000), the inspectors of election shall immediately notify the custodian, who shall adjust the counter at zero. § 408. Independent ballots. Ballots voted for any person whose name does not appear on the machine as a nominated candi- date for office, are herein referred to as irregular ballots. Where 212 The Electpon Law 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 irregular ballots voted for that office he deposited, written or affixed in or upon a single receptacle or device, a voter may vote in or by such receptacle or device for one or more persons whose names do not appear upon tlie machine vnth or vnthout the names of one or more persons whose names do so appear. In voting for presidential electors, a voter may vote an irregular 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 nomina- tion, or wholly of names of persons not in nomination by any party. Such irregular ballot shall be deposited, vrritten or affixed in or upon the receptacle or device provided on the machine for that purpose. With these exceptions, no irregular ballot shall be voted for any person for any office whose name appears on the machine as a nominated candidate for that office; any irregular ballot so.voted shall not be counted. An irregular ballot must be cast in its appropriate place on the machine, or it shall be void and not counted. § 409. Location of machines; guard-rail. The ex- terior 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 four feet from the poll clerk's table. A guard-rail shall be constructed at least three feet from the machine, with openings to admit voters to and from the machine. The voting machine shall be so located in the polling place that, unless its construction requires other- wise, the ballot labels on the face of the machine can be plainly seen by the election officers and the party watchers when not in use l)y voters. The election officers shall not themselves be, or permit any other person to be, in any position or near any posi- tion, that will permit one to see or ascertain how a voter votes, or how he has voted. The election officer attending the machine shall inspect the face of the machine after each voter has cast his vote, to see that the ballot labels are in their proper places and that the machine has not been injured. During elections the door or other covering of the counter compartment of the machine shall not be unlocked or opened or the counters exposed except for good and sufficient reasons, a statentent of which shall YOTTNO MACHHiTES 213 be made and signed by the election officers and shall be sent with the returns. § 410. Manner of voting. After the opening of the polls, the inspectors shall not allow any voter to pass within the giiard- rail until they have ascertained 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 voter while voting shall be secret and obscured from all other per- sons except as provided by this chapter in cases of voting by as- sisted voters. No voter shall remain within the voting mactiine booth longer than three minutes, and if he shall refuse to leave it after the lapse of three minutes, he shall be removed by the" inspectors.. [As amended hy chap. 821, Laws of 1913.] § 411. Instructing voters. In case any voter after enter* ing the voting machine booth, and before the closing of such beothsy shall ask for further instructions concerning the manner of voting, two inspectors of opposite political parties shall give such instruc- tions to him; but no inspector or other election officer or person assisting a voter shall in any manner request, suggest or seek to persuade or induce any such voter to vote any particular ticket^ or for any particular candidate, or for or against any particular' amendment, question or' proposition. After giving such instruc- tions, the inspectors shall retire and such voter shall then clo'Se the booth and vote as in the case of an unassisted voter. [Amended hy chap. 53Y, Laws of 1916.] § 412. Illiterate or disabled voters. The provisions of sections one hundred and sixty-four and three hundred and fifty-seven of this chapter, shall apply also when ballot machines are used, and the word " booth " when used in such sections, shall be interpreted to include the ballot machine inclosure or curtain. § 413. Canvass of vote and proclamation of result. There shall be printed directions in the statement of canvass to the election officers for their guidance before the polls are opened and when the polls are closed ; a certificate of which shall be signed by the election officers before the polls are opened, showing the delivery of the keys in a sealed envelope; the number on the seal; the number registered on the protective counter, if one is pro- vided; if all of the counters are set at zero (000) ; if the public, counter is set at zero (000) ; if the ballot labels are properl;^ placed in the machine. Also a certificate which shall be filled out 214 The Election Law after the polls have been closed, that the machine has been locked against voting and sealed; the number of electors as shown on the public counters ; the number on the seal ; the number registered on the protective counter, if one is provided; and that the voting machine is closed and locked. The inspectors' return and state- ment of canvass shall show the total number of votes cast for each office, the number of votes cast for each candidate, as shown on his counter, and the number of votes for persons not nominated, which shall be certified by the board of inspectors. 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, under the scrutiny of an in- spector of a different political party, in the order of the offices as their titles are arranged on the machine, read and announce iu distinct tones the designating number and letter on each counter for each candidate's name, the result as shovsm by the counter numbers, and shall then read the votes recorded for each office on the irregular ballots. He shall also in the same manner announce the vote on each constitutional amendment, proposition or other cfuestion. The counter shall not in the case of presidential electors be read consecutively along the party row or column, but shall always be read along the office columns or rows, completing the canvass for each office. The vote as registered shall be entered by the clerks on the tally sheet in ink, in the same order on the space which has the same designating number and letter. After copy- ing the vote from the tally sheets on the returns, the figures shall be verified by being called off in the same manner from the counters of the machine by an inspector of a different political party; The counter compartment of the voting machine shall remain open until the official returns and all other reports have been fully completed and verified by the election board. During such' time any candidate, watcher, or challenger of any party or independent body duly accredited as provided by section three hundred and fifty-two of the election law who may desire to be present shall be admitted to the polling place. The proclamatioB of the result of the votes cast shall be deliberately announced m a distinct voice by the chairman of the board of inspectors whft shall read the name of each candidate, with the designating num- ber and letter of his counter, and the vote registered on suck Voting MACHiiirEs 215 counter ; also the vote cast for and against each question submit- ted. During such proclamation ample opportunity shall be given to any person lawfully present to compare the results so an- nounced with the counter dials of the machine and any necessary corrections shall then and there be made by the election board, after which the doors of the voting machine shall be closed and locked. Before adjourning the board shall, with the seal provided there- for, so seal the operating lever of the machine that the voting and counting mechanism will be prevented from operation. \_As amended hy chap. 240, Laws of 1909, chap. 649, Laws of 1911, and chap. 821, Laws of 1913.] § 414. Disposition of irregular ballots; and pre- serving the record of the machine. The inspectors of election shall, as soon as the count is completed and fully ascertained as in this chapter required, lock the ma- chine against voting, and it shall remain so for the period of three months, except as provided by section four hundred ajid sixteen of this chapter and except that it may be opened and all the data and figures therein examined upon the order of any court of competent jurisdiction or may be opened by direction of a com- mittee of the senate or assembly to investigate and report upon contested elections of members of the legislature voted for by the use of such machine and such data and figures examined by such conjinittee in the presence of the officer having the custody of such machine. Any candidate shall be entitled on application, to the supreme court and on reasonable grounds shown to have any machine in or upon which he was named as a candidate opened and all the data and figures therein examined by him or his authorized agents, but the court shall prescribe such con- ditions' as of notice to other candidates or otherwise as it. shall deem necessary and proper. Whenever irregular ballots have been voted, the inspectors shall return all of such ballots in a prop-, erly secured sealed package indorsed "irregular 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, or by direction of such a committee of the senate and assembly if the ballots relate to the election under investigation by such com- mittee, and at the expiration of such time, such ballots may be 216 The Electiojn- Law disposed of in the discretion of the officer or board having charge of them. [Amended by chap. 537, Laws of 1916.] § 415. Disposition of leys; opening counter com- partment. The keys of the machir.e shall be enclosed in an envelope which shall be supplied by the officials, on which shall be written the number of the machine and the dis- trict and ward where it has been used, which shall be securely sealed and indorsed by the election officers, and shall be so re- turned to the officer from whom they were received. The number on the seal and the number registered on the protective counter, if 60 provided, shall be written on the envelope containing the keys. All keys for voting machines shall be kept securely locked by the officials having them in charge. A public officer, who, by any provision of law, is entitled to the custody of a machine for any period of time, shall be entitled to the keys therefor while such machine is in his charge. It shall be unlawful for any unau- thorized person to have in his possession any key or keys of any voting machine ; and all election officers, or persons entrusted with such keys for election purposes, or in the preparation of the machine therefor, shall not retain them longer than necessary to use them for such legal purpose. All machines shall be boxed and collected as soon after the close of the election as possible, and the machines, and the boxes for the machines, shall at all times be stored in a suitable place. [As amended by chap. 465, Laws of 1909, and chap. 537, Laws of 1916.] § 416. Provision for re-canvass of vote. Whenever it shall appear that there is a discrepancy in the returns of any election district, the county board of canvassers shall sum- mon the inspectors of election thereof and said inspectors shall, in the presence of said board of canvassers, or a bi-partisan com- mittee thereof , make a record of the number on the seal and the number on the protective counter, if one is provided, open the counter compartment of said machine, and without unlocking said machine against voting, shall re-canvass the vote cast thereon. Before making such re-canvass the county board of canvassers shall give notice in writing to the custodian and to the county chairman of each political party or nominating body that shall have nominated candidates for the election, of the time and place where said re-canvass is to be made; and each of Voting 'Maohin-es 217 r such political parties or nominating bodies may send two repre- sentatives to. be present at such re-canvass. If, upon sueb re» canvass, it shall be found that the original canvass of the returns has been correctly made from the machine, and that the dis- crepancy still remains unaccounted for, the county board. of can- vassers, or said committee thereof, with the assistance ^ of , the custodian of said machine, shall, in the presence of the inspect; ors of election a,nd the authorized representatives of the. several said political parties or nominating bodies, unlock the voting and counting mechanism of said machine and shall proceed to thoroughly examine and test the machine to determine and ret- veal the true cause or causes, if any, of the discrepancy in the returns from said machine. Before testing the counters' they shall be reset at zero (000) after which each counter shall be operated at least one hundred times. After the completion of said examination and test, the custodian shall then and there prepiare a statement in writing giving in detail the result thereof^ and said statement shall be witnessed by the persons present and shall be filed with the secretary of the county board of can- vassers. But nothing contained in this section shall authorize an/ change in the returns -filed by inspectors of election in any electiori district nor authorize any board of canvassers in any wise to coii-- sider or act upon any re-canvass of votes made pursuant thereto] [Amended hy chap. 537, Laws of 1916.] v:; § 417. Application of other articles and penal la^^: The provisions of the other articles of this chapter apply as far ai practicable to voting by voting machines, except as herein provided'. The provisions of the penal law r.nd of this chapter relating 'to I misconduct at elections shall apply to elections with voting ma- chines. Any person who shall before or during an election tamper with any voting machine ; or who sha,ll interfere or attempt to interfere with the correct operation of the voting machine, or the secrecy of voting; or shall wilfully injure a voting machine to prevent its use; or, any election or police officer or anyone em- ployed to assist in the care or arrangement of the voting machine, who shall permit any person to violate the secrecy of the- voting, or to interfere in any way with the correct operation of the voting machine ; or any unauthorized person who shall make or have in his possession a key to a voting machine that has been adopted and will be used in elections in this state shall be guilty of a felony, punishable by imprisonment in a state prison for no* less than one year nor more than five years. ' ' J 218 The Election Law § 418. "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 supplied and ready for use at the next election to be held therein. § 419. Number of voters in election districts. Por 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 officers charged with the duty of creating election districts, so as to contain as near as may be four hundred and fifty voters each. Such redistricting or re- division may be made. at any time after any ISTovember election and on or before August fifteenth following, to take effect on the sixth Wednesday before the next general election. Where such re- districting or redivision shall be made in any town, the board mak- ing the same shall, on or before September first following, ap- point from the inspectors of election then in office (if sufficient therefor are then in office, and, if not, from persons not in office, sufficient to make up the requisite number), to take effect on or before the first day of registration thereafter and not earlier than the second Wednesday following the next fall primary, four inspectors of election for each election district thus created, who Shall be equally divided between the two parties entitled to repre- sentation on said boards of inspectors. Thereafter no redivision of such election district shall be made for elections by such ma- chines until at some general election the number of votes cast in one or more of such districts shall exceed five 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, to take effect on the sixth Wednesday before the next general election, 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 five hundred. If the creation, division or alteration of an election district is rendered necessary by the creation, division or alteration of a town, ward or city or rendered necessary or occasioned by the division of a county' into assembly districts after a reapportion^ ment by the legislature or members of assembly, such creation;, division or ' alteration of an- election district shall be made an4 Voting Machines 219 shall take effect immediately j and inspectors of election for tibe new election districts, as so created, divided or altered, shall be appointed, in the manner provided bv law, a reasonable time be- fore the next official primary or meeting for registration and such appointments shall tafee erffect immediately. [As amended by chap. 244, Laws of 1914, and chap. 537, Laws of 1916.] § 420. Definitions. The list of candidates used or to be used on the front of the voting machine shall be deemed official bal- lots 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 irregular bal- lots) means that portion of the cardboard or paper or othijr material within the ballot frames containing the name of the candidate and the emblem of the party organization by which he was nominated, or a statement of a proposed consti- tutional amendment, or other question or proposition with the word " Yes " for voting for any question or the word " No " for voting against any question. The term " question " shall mean any constitutional amendment, proposition, or other ques- tion submitted to the voters at any election. The term, " ballot label " shall mean the printed strips of cardboard contaimng the names of the candidates nominated, and the questions submitted. The term " irregular ballot " shall mean a vote cast, by or on a special device, for a person whose name does not appear on the bal- lot labels. The term " voting machine custodian " shall mean the person who shall have charge of preparing and arranging the vot- ing machine for elections. The term " protective counter " shall mean a separate counter built into the voting machine which can- not be reset, which records the total number of movements of the operating lever. [As amended hy chap. 821, Laws of 1913.] § 421. Saving clause. Nothing herein shall be deemed to prohibit the adoption or use of any voting machine at any elec- tion within any town, city or village that has adopted the :same prior to the tenth day of December, nineteen hundred and thir- teen,, if the mechanism is or may be made adjustable to conform to the grouping of candidates under the title of the .office, but the method of conducting an election therewith shall- be. in the manner prescribed by this chapter. [As amended hy chap. 821, Laws of 1913.] . ':.' 220 The Election Law 1ARTICI.E 12 Boards of Canvassers Section 430. Organization of county board of canvassers. 431.. Production of . returns and tally sheets. 432. Correction of clerical errors in election district statements. 433. Mandamus to county or state boards of canvassers to correct errors. 434. Proceedings of state board of canvassers upon cor- rected statements of county boards. 435. Mandamus to state board to canvass corrected state- ments of county boards. 436. Proceedings upon corrected statements. 43Y. Statements of canvass by county boards; preserva- tion of protested, void and wholly blank ballots. 438. Decisions of county boards as to persons elected. 439. Transmission of statements of county boards to secretary of state and board of elections. 440. Organization and duties of board of canvassers of the city of New York. 441. Organization of state board of canvassers. 442. Canvass by state board. 443. Certificates of election. 444. Eecord in oiBce of secretary of state of county officers elected. § 430. Organization of county board of canvassers. The board of supervisors of each oounty shall be the county board of canvassers of such county. The county board of can- vassers of each county within the city of New York shall consist of the measabers of the board of aldermen of the city of New York elected as such within the county. The said county boards of canvassers shall ,also within their respective counties be the city board of canvassers of such city. The county board of can- vassers of a county containing a city or cities shall be the city board of canvassers of such city or cities, except that the board of aldermen of the city of Buffalo shall be the city board of canvassers for such city. The county board of canvassers oi II 'As renumbered by chap. 800, Laws of 1913. Boards of Canvassees 221 the respective counties shall meet on the Tuesday next after • each election of public officers held in such county other than an election of town, city, village or district school officers held at a different time from a general election. The board o£ county canvassers shall meet at the usual place of meeting of the board of supervisors, except that in a county wholly included in the city of New York such board of county canvassers shall meet at the office of the county clerk. Upon such meeting they shall choose one of their number chairman of such board. In a county having a single commissioner of elections, instead of a board of elections, such commissioner shall be the secretary of the board of county canvassers. In a county wholly included within the limits of the city of l^Tew York and in a county, if any, in which the general powers and duties of a county board of elections is devolved upon ' the couiity clerk by this chapter, the county clerk, or if he be absent or unable to act, a deputy county clerk designated by the clerk, shall be secretary of the board of county canvassers. In every other county of the state the president of the board of elec- tions shall be the secretary of the board of county canvassers, or if he be absent or unable to' act, the secretary of such board shall bo the secretary of the board of county canvassers. When a chair- man of the board of county canvassers shall have -been chosen, as above provided, the secretary of such board shall thereupon administer the constitutional oath of office to the chairman, who shall then administer such oath to each member, and to the sec- retary of the board. A majority of the members of any board of canvassers 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 man- damus to tneet and organize forthwith. [Ag amended hij cJicup. 432 Laws of 1910, and chap. 537, Laws of 1916.] § 431. Production of returns and tallly sheets. As soon as such board of county canvassers shall have been organized, the officer with whom they were filed shall deliver to such board of canvassers all the returns with tally sheets annexed containing the original statements of canvass received from inspectors of elec- tion for districts within the county for which said board are 222 The Election Law county or city canvassers. The original statements whicli have been delivered to members of the board of canvassers shall then be delivered to 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 any original statement that may have come into his possession. If, at the first meeting of a county board of canvassers of any county, all returns with tally sheets an- nexed so required to be produced 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 returns, if possible, otherwise he shall procure the other set of returns with tally sheets annexed, or, failing that, the third set of returns without tally sheets, 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 re- sult of the canvass of the votes cast at such election in every elec- tion district of the county shall be produced before such board, the board shall proceed to canvass the votes cast in such county at Buch election. [A^s- amended by chap. 821, Laws of 1913, and chap. 537, Ldws of 1916.] § 432. Correction of clerical errors in election dis- trict statements. 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 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 election officers whose names are siibscribed thereto before such board, and such election officers shall forthwith meet and make such correction as the facts of the case require ; but such election officers 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 re^ ceiving such corrected statements. [As amended by chap. 821, Laws of 1913.] § 433. Mandamus to county or state boards of can- vassers to correct errors. The supreme court may, upon afiidavit' presented by any voter, showing that errors have occurred in any statement or determination made tfythe state board of can- vassers, or by any board of county canvassers, or that any such Boards op Cabtvassees 323 board has failed to act in conformity to law, make an order requir- ing 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 boaM 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 performing such duty. Such meeting of the board of state or county caiivaissers shall be deerned a continuation of its regular session, for the pur- pose of making such corrections, or othervnse 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 cor- rected statements had been a part of the originals required by law. A special proceeding authorized by this section must. be com- menced within four- months after thp 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 particu- lar or particulars as to which it is claimed to have failed to per- form its duty. , :; § 434. Proceedings of state board of canvassers upon corrected statements of county boards. When a new or corrected statement or certificate, made by a board of county canvassers under the provisions of the preceding sec- tion, shall vary from the original statement or certificate with reference to votes for the offices of governor, lieutenant-governor, judge of the court of appeals, justice of the supreme court, secretary of state,, comptroller, state treasurer, attorney-general, state engineer and surveyor, senator or representative in congress, or any of them, the county clerk, or other ofiicer with whom the same is filed, shall forthwith prepare and transmit certified copies thereof to the officials mentioned in section four hundred and thirty-nine of this article, in the manner therein prescribed. The secretary of state siiall thereupon file in his office the certified copy received by him, and obtain from the governor and comptroller the certified copies received by them, or eitJier of them, and file the same in his office. He shall then, and: within five days after any such certified copy has been received :by iiJm,: 224 The Election Law appoint a meeting of the state canvassers to be held at his office, or the office of the state treasurer or comptroller, and the said board of state canvassers shall, from such certified copies,- proceed to make a new statement of the whole number of votes given at the election referred to in such statement for the various offices above mentioned, or any of them, so far as the number of votes for any particular office or candidate has been changed by such new or corrected statement in the manner pro- vided by section four hundred and forty-two of this article. Upon the new or corrected statement thus made, the said board of state canvassers shall then proceed to determine and declare what per- son 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 any 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. § 435. Mandamus to state board to canvass cor- rected statements of county boards. The supreme court shall, upon application of a candidate interested in the result of such new or corrected statement, or of any voter in the county from which such statement came, and upon proof by affi- davit that the same had 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 catise why it should not do so; and in the event of the failure of such board to act upon such new or corrected statement and canvass the same, or show cause as afore- said, the court may compel such board by writ of mandamus to act upon and canvass such new or corrected statement, 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 pur- pose the meeting of said board shall be deemed a continuance of its regular session. § 436. Proceedings upon corrected statements. The state board of canvassers and the secretary of state shall re- spectively have the same powers and , discharge the same duties Boards of Canvassers 225 ■with reference to new or corrected statements, that they have and are charged with with reference to original statements. § 437. Statements of canvass by county boards; preservation of protested, void and wholly blank ballots. Upon the completion by a county board of canvassers of the canvass of votes of which original statements of canvass are by law required to be delivered to them, by the boards or officers with whom the same may have been filed by the inspectors 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, to include, in the case of a candidate for governor who was nominated by two or more parties or independent bodies, a separate state- ment of the number of votes cast for him as the candidate of each party or independent body by which he was nominated. 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 fqr the office of assemblyman, senator or representative in congress, the candidates for which were also voted for by voters in election districts in any county not within the city of New York. 4. One statement as to all such votes cast upon every proposed constitutional amendment or other proposition or question duly submitted to all the voters of the state. 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 voters of such county or any portion thereof, except as provided in paragraph 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 voters 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, upon any proposi- tion or question upon which only the voters of such county were entitled to vote 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 ques- 8 ' • ' 226 The Election Law tionupoTi which only the voters of such city were entitled tp vote at such election in such county or portion thereof. Each such statement shall set forth, in words written out at length, all votes cast for all the candidates for each such office; aV if any such office was to be filled at such election by the voters (jf a portion only of a county, all the votes cast for all the candi- dates for each office in any such portion of a county, designating it.iby its proper district niimbtj or other appropriate designation; thje name pi each such candidate ; the number of votes so cast for each, a,nd, in the case of a candidate for governor who was nomi- nated by two or more parties or independent bodies, the number separately stated of votes cast for him as the candidate of each pairty or independent body by which he was nominated ; and the wl^ole number of votes so cast upon any proposed constitutional amendment or other proposition or question, and all the votes so east 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 offices voted for by the voters of such city or any portion thereof, within such counties. ] ,The statements required by this section shall each be certified as, ,cOTrect over the signatures of the members of the board, or a majority of them, and shall be filed and recorded in the office of the board of elections of each county except in the counties wholly within, the city of New York, and in such counties they shall be filed in the office of the county clerk. When the whole canvass ^h^ll be completed, all ori^nal statements. of canvass used thereat sliall be filed in the office of the secretary of the board, who shall lile n. report of such canvass with the board of supervisors, except in, counties wholly within a city of the first class. The original statement of canvass not used at the canvass and the packages of protested, void and wholly blank ballots shall be retained in the office in which or by the officer with whom they were filed, except as , otherwise expressly provided by law. The packages of pro- tested, void and wholly blank ballots shall be retained inviolate in tihe, office in which they are filed subject to the order and examina- %Xoi^ of a court of competent jurisdiction, or to examination by a fiiOipmittee of the senate or assembly to investigate and report, oil a contested, election of member of the legislature where such ballots wez& cast at such election, and may be destroyed at the, end of six months from the time of the completion of such canvass, . unless ;OtJif>Twise, ordered by a court, of . competent jurisdictjoni or aimless Boards of Canvassees 22T such committee examination be pending. [As amended hy chap. 821, Laws of 1913, chap. 244, Laws of 1914, and chap, 537, Laws of 1916.] § 438. Decisions of county boards as to persons elected. Upon the completion of the statements required by the preceding section the board of canvassers for each county 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! voters of each county for which they are county canvassers if con- stituting one assembly district, or in each assembly district therein, if there be more than one, and each person elected by the greatest number of votes to each county office of such 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 numbei: of votes to the office of school commissioner to be filled at such elec^ tion in each district. The board of elections of the county of Hamilton shall forthwith transmit to the board of elections of the county of Fulton a certified copy of the statement so filed and recorded in its 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 candidates for the office of memher of assembly of the assembly district composed of Fulton and Ham- ilton counties ; and the board of elections of Fulton county shall forthwith deliver the same to the Fulton county board of canvasaSrs', who shall from such certified copy, and from their own statenieifii as to the votes so cast for such office in Fulton county, determine what person was at such election elected by the greatest nuniber of votes to such office. Such board of each county shall determine whether any proposition or question submitted to the voters' 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 board of elections of such county, except in the counties wholly within the city of New York, and in such counties the county clerk,, who or which shall eaqh cause a; copy thereof, and of the statement -filed and recorded' in his or its office, upon which such determination was basfed, id'he published in accordance with the provisions of the laws' of eigh- teen hundred and ninety-two, chapter six hundred and' eighty-six, sections -twenty-one and twenty-two. ';'' ' The board of elections of each county, except iu the counties 22-8 The Electtom-Law ■ wholly .within the city of New York, and in such counties the county clerk, shall prepare as many certified copies of "each certifi- cate of the determination 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. [Amended' hy cha/p. 637, Laws of 1916.] § 439. Transmission of statements of county boards to secretary of state and board of elections. Upon the filing in the office of the county clerk or board of elections of a statement of the county board of canvassers as to the votes cast for candidates for the offices of electors of president and vice- president, or as to the votes cast for candidates for state officers, except members of assembly, and for representatives in congress, or as to the votes cast on any proposed constitutional amendment or other proposition or question submitted to all the voters of the sta,te, such county clerk or board of elections shall , forth- with make two certified copies of each such statement, and, within ,five days after the filing thereof in his or its office,, trans- mit by mail one of such copies to the secretary of state, and one to the comptroller of the state. The comptroller shall forthwith upon the receipt thereof deliver such certified copy to the secre- tary 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 board of elections required to transmit the same, and such county clerk or board of elections shall immediately upon demand of such messenger at his or its office make and de- liver a certified copy to such messenger who shall, as soon as practicable, deliver it to the secretary of state. 'The board of elections of each county, except a county wholly within the city of New York, and in any such county the coimty elerkj shall transmit to the secretary of state within twenty days after a general election, and within ten days after a special elec- tiouj a list of the names and residences of all persons determined by -the board of county canvassers of such county to be elected member of assembly, or to any county office; and on or before the fifteenth day of December in each year a certified tabulated state- ment of the. official canvass of the votes cast in each such county by election districts for candidates for governor, lieutenant-governor, secretary of state, comptroller, treasurer, attorney-general, state BqaiSds- of Oanvassebs engineer and surveyor and United" States senator, or any proposed Gonstitutional amendment or other pEoposition, at the last preced- ing general election, to include, in tke ease of a candidate for gov- ernor who was nominated by two or more parties or independent bodies, a separate statement of the number of votes cast for him as the candidate of each party or independent body by which .hJe was nominated. 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 candi- dates for a city office within such city, such county clerk shall forthwith make a certified copy of each such statement and, within five days after the filing thereof in his office, deliver in "a sealdd envelope such certified copy to the board of elections of the city of JSTew York ; on or before the fifteenth day of Deceniber in any year in which there shall have been an election for a city office for wbich votes were cast in a county within the city of 'Hew 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 officfe, and stich canvass by election disti-icts shall, as soon, as possible thereafter, be pitblished in the City Eecord. [As amended %'ij chap. 244, Laws of 1914, and chap. 537, Laws of 1916.] ' '-".*; . .-' '■'} § 440. Organization and duties of board of ca^r vassers of the city of New York. The board of electipijis of the city of IS^ew York shall be the board of canvassers of the city of ISTew York of the statements of the county boards, drf 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 voters 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 ,on the first Monday in December succeeding a general election ■for a city office within such city and. within thirty days after a special election, and shall organize by selecting one of the mem- bers as chairman. The secretary of the board of elections of the city of ISTew York shall be the secretary of the board so organized, or if he be unable to serve the board may appoint a chief clerk to be such secretary. The secretary shall thereupon administer to the chairman the constitutional oath of office and the chairiman shall administer such oath to the members of such board andAe secretary thereof. 230 The Election Law As soon as sucH board shall have organized' the secretary shall deliver to such board the certified copies of the statements of the county board of canvassers of each county wholly ' or partly within such city of the votes cast for candidates for city office within such city and upon any proposition or question, if any, submitted to the voters of such city only, and the said board shall pi-oteed to canvass such statements. If a certified copy of any sta4:ement of any county board required to be' delivered to said board shall not be delivered prior to the meeting and organ- ization of said board, it may *adjorun 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 office shown by such certified copies to have been voted for, the whole number of votes cast for each of such candidates, the number of votes cast in each county for them, and if the voters of only a part of a county were entitled to vote for such candidates, the part of such county, and the determination of the board as to the persons thereby elected to such office by the greatest number of votes. The said board shall also make a separate similar tabulated state- ment of the votes cast upon any proposition or question submitted at the election to the voters 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 i"ecbrded in the office 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 Eecord. UpOn the filing in the office of the board of elections of such statements and'doterminaticn the president of the board of elections shall issue arid transmit by mail or otherwise a certificate of election to each |)er's6n shown thereby to be elected, such certificate to be counter- signed by the members of the board of elections of the city of New York under the seal of the city of New York. i§ 441. Organization of state "board of canvassers. The secretary of state, attorney-general, comptroller, state * So in original. BoAEDS OE' Canvassers ,^3.1 engineer and surveyor, and treasurer, shall constitute the ptate board of canvassers, three of whom shall be a quorum. If threse of such officers shall not attend on a day duly appointed for a meeting of the board, the secretary of state shall forthwith no^tify the mayor and recorder of the city of Albany to attend, such meet- ing, and they shall forthwith attend accordingly, and, shall,, Sjvith the other such officers attending, constitute such board. The secre- tary of state shall appoint a meeting of such board at his-,q!^ce, 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 state- ments 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. , § 442. Canvass by state board. Such board shall ,8t such meeting proceed to canvass the certified copies of the state- ments of the county board of canvassers of each county in which such election was held. If any member of such board shall dis- sent 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 sigiied by him, setting forth his reasons therefor, and deliver it to.jthe secretary of state, who shall file it in his office. Upon the completion of such canvass said board shall make separate tabulated statements signed by the members of such board or a majority thereof, of the whole number of votes cast for all the candidates for each office shown by such certified copies to have been voted for, the whole number of votes cast for each of such candidates, the number of votes cast in each county for them, , and if the voters of only a district of the state were entitled to vote for any such candidate, the name and number of such district;., the determination of the board as to the persons thereby, elect^i, to such office; the whole number of votes shown by such certified copies to have been cast upon each proposed constitutional amcAd- ment.oT other proposition or question shown by.sucli copies toj^i^ve 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 statemeirt, 'dis- sent and protest shall be delivered to the secretary of state and recorded in his office. " 232 The Election Law , ,, % 443, Certificates of election. The, secretary _o| state shall thereupon forthwith transmit a copy, certified By his signa- ture and official seal, of eacb such statement as t& votes cast for candidates for any office, to the person shown thereby to have been elected to such office. He shall prepare a general certifi- cate, 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 the due election of all persons so chosen at that election as representatives of this state in congress ; and shall transmit the same to the house of representatives at its first meeting. If ,an|7 person so chosen at such election shall have been elected to supply a v,acancy in the office of representative in congress, it shall be mentioned by the secretary of state in the statements to be pre- pared by him. § 444. 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,- speci- fying the counties and districts for which they were severally elected, and their places of residence, the offices to which they were respectively elected, and their terms of office. 'ARTICLE 13 ^ United States Senators, Representatives in Cong'ress and Presidential Electors Section 449. ^ United States senators. 450. Representatives in congress. 451. Electors of president and vice-president. 452. Meeting and organization of electoral college. 453. Secretary of state to furnish lists of electors. 454. Vote of the electors. ' "-' 455. Appointment of messenger. 456. Other lists to be furnished. 457. Compensation of electors. § 449. United States senators. At the general election next preceding the expiration of the term of office of a United States senator from this state, a successor -to such office shall be ' As renumbered by chap. 800, Laws of 1913. ' Article heading amended by ehap. 820, Laws of 1913. 'Section 449 added by chap. 822, Laws of 1913. Senatoes, Repeesentativbs and Electoes 233 elected by the people for a full term of six years. If a vacancy oc- cur in the office of IJ^it6 As renumbered by cMp. 800, iLaws of 1913. IS Title amended by chap. 649, Laws of 1911 and chap. 800, Laws of J 013. isEepeialed by cbap. 649, Laws of 1911. * Repealed by chap. ftltS, Laws of 1915. 2*36 The Election Law Section 477. Subpoenas by state^ stiperintendent. 478. Administration of oaths by superintendent and deputies. 479. Attendance and duties at polling places. 480. Keports by lodging-house and hotel keepers. 481. AiEdavits by hotel keepers. holding liquor licenses. 482. Filing such reports and affidavits. 483. Eeports by police and certain departments. 484. List to be furnished if required by the superin- tendent of elections. 485. Card lists of registered electors. 486. Challenge lists. 487. Salaries and expenses. 488. Report to governor. 489. ^"Authority of state superintendent of elections. § 471. State superintendent of elections, chief deputy and assistants. There shall be an officer to be known as " state superintendent of elections." The governor shall ap- point such superintendent of elections by and with the advice and consent of the senate, who shall hold office for the full term of four years. Such term shall begin on the first day of Janu- ary in every fourth year beginning with the year nineteen hun- dred and fifteen and shall expire on the thirty-first day of December. Vacancies 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 one chief deputy without nomination, a secretary and necessary clerks, stenographers and other employees, and remove them at pleasure. [As amended hy chap. 240, Laws of 1900, chap. 649, Laws of 1911, and chap. 678, Laws of 1915.] . , § 472. Foixrers of superintendent, clerks and depu- tf^CiS. Such state superintendent of elections and the deputies appointed by him, shall possess and exercise all the powers vested ip a sheriff, as a conservator of the peace, either by statute or common law. The chief deputy shall be placed in charge of the branch office in the city of New York. Any clerks, appointed by the state superintendent of elections pursuant to the pro- visions of this article, shall have power, .when directed by the sta1;e superintendent of elections, to administer oaths and affir- mations required by law or by any order, rule or regulation of tBONew section added by chap. 891, Laws of 1911. ' ' ' ' ■ State Subeeintbwdent of Elections 237 the state superintendent of elections, for or in connection with the appointment and qiialification of deputy superintendents of elections appointed pursuant to the provisions of this article. [As amended by chap. 64:9, Laws of 1911,. and. chap. 6,78, Laws of 1915.] § 474. Additional deputies. The superintendent, when- ever he deems it necessary, may appoint, in addition to the chief deputy, without nomination, and at pleasure remove, not more than' two hundred and thirty-three other deputies, to be employed by him in enforcing the provisions of this article. [As amended ly chap. 649, Laws of 1911, and chap. 6Y8, Laws of 1915.] § 475. Control and poivers of deputies; refusal to furnish information. AH deputies appointed under this article shall be subject to the direction and control of the state superintendent and he may, subject to the next provision, -assign them to any election district. He must, however, assign to duty in the city of New York seventy of the deputies receiving annual salaries and eighty-seven deputies receiving per diem compen-^ sation. The state superintendent shall make such rules for the. control and conduct of his deputies as he may deem advisable, not in .conflict with law. Such deputies, when directed by the state superintendent, shall, 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 and interro- gate any inmate, house-dweller, keeper, care-taker, owner, pro- prietor 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 preseifce violates or attempts to violate any of the provisions of this chapter or the penal law relating to crimes against the elective franchisel' 3. Execute warrants of arrest and take into custody the persod or persons named in such process. '- ' : 4, Inspect and copy any books, records, papers or documents relaiting to or affecting the election or the registration of voters. 5. Eequire every lodging-house keeper, landlord or proprietor to exhibit his register of lodgers therein at any time to such deputy. J. . 1 Any person who neglects or refuses to furnish any information The Election jLaw required or authorized by this, article, or to exh>i:bit reeords, papers, or documents herein authorized to be insp&Gted, or which are, re- quired to be exhibited, shall be guilty of a misdemeanor. [As mnend'ed by chap. 649, Laws of 1911, and chap. 678, Laws of 11915.] § 476. Aid by private persons and public officers. (She state superintendent, or any deputy, may call on any person to assist them in the performance of their duty; and they may ftlso call on any public officer who by himself or his assistants, deputies or subordinates shall render such assistance as may be req.uired. Any such person, public officer, deputy or subordinate jwho 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 willfully hinder ar delay, or attempt to hinder or delay such superintendent or deputy, in the per- formance of his duty, shall be guilty of a felony and shall upon .conviction 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 mem- bar of a uniformed police force and every sheriff, deputy sheriff .■and election officer shall, for the purpose of this article, be deemed a. public officer. [As amended hy chap. 649, Laws of 1911, and .chap. .678, Laws of 1915.] f _ ,.§477. Subpoenas by state superintendent. The state ■superintendent shall have power to issue subpoenas for the pur- 'pose of investigating any matter within his jurisdiction and of laiding him in enforcing the provisions of this article, such sub- \poenas to be issued in the name of the state superintendent. ■ He may in proper cases issue subpoenas duces tecum. A subpoena issued by the state superintendent of elections may be served by ffiO' superintendent or by any deputy appointed" by him or by 'Stiy police or peace officer. ' Any person who shall omit, neglect or refuse to obey a sub- 'poena attested in the name of the state superintendfent and made returnable at one of the offices or branch offices of the super- intendent, or who shall refuse to testify under oath before him or his chief deputy, or other deputy duly designated by the 'Superintendent pursuant to the provisions of this article; is ^ilty 'of a misdemeanor. [As amended hy chap. M^, Laws' -of 19^i, 'and chap. 6Y8, Laws of 1915.] •. ; State Superintendent op Elections 239 § 478. Administration of oaths by superintendent and deputies. The . superintendent, his chief deputy and any of the 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 usil'al appropriate forms, to any person in any m"atter or proceedings authorized as aforesaid, and in all matters pertaining or relating to the elective franchise and to take and administer oaths and affirmations in the usual appropriate forms, in taking any affidavit or deposition which may be necessary or required by law or by any order, rule or regulations of the superintendent for or in cott- neetion with the official purposes, affairs, powers, duties or pro- ceedings of said superintendent or deputies or any official purpos'e lavsrfuUy authorized by said superintendent. Any person 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 f eloliy. [As amended by chap. 649, Laws of 1911, and chap. 678, Laws of 1915.] § 479. Attendance and duties at polling placed. The state superintendent may attend at any election, and each deputy shall, on election day, attend the election at the polling place to which he is assigned. The state superintendent 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 sujier- iiitendent and of each deputy during the election to preserve ordfer and arrest any person violating or attempting to violate thi's chapter or any provision of the penal law relating to the elective franchise. [As amended by chap. 649, Laws of 1911, and chap. Q78, Laws of 1^15.] § 480. Reports by lodging-house and hotel keepers. it shall be the. duty of every landlord, proprietor, lessee or keepCT of a lodging-house, inn or hotel, to keep a register in which, shall be eittered the name and residence, the date of arrival and departure of his guests and the room, rooms or bed occupied by them. This register shall be so arranged that there shall big, a space on the same line in which each male guest or male lodger shall sign his name, 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, 240 The Election Law ' ' '■ ' 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 iii 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, togetlher with the length of time they have been regularly lodging or living therein, the beginning of such residence, the color, age, height, weight, color of hair, marks on face or hands, the complexion and any distinguishing marks or features of face or body whereby such persons may be identified, the place of their nativity, the occupation and place of business of such persons and the room occupied by each .such person, and whether such person is a guest, landlord, proprietor, lessee or keeper, and the signature of each such person. Above the space reserved for the signature of each such person shall be printed the following words " the foregoing statements are true." In the form of affidavit, which shall be sworn to by. the landlord, proprietor, lessee or keeper of such lodging-house, inn or hotel, shall be included the statement that the signatures of- the guests or lodges certified to in said report, were written in the presence of such landlord, proprietor, lessee or keeper, and that he personally knows them to be the persons therein described. 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, proprietor, 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 such 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 shall be deemed guilty of a mis- demeanor. [As amended by chap. 649, Laws of 1911, and chap. 678, 'Laws of 1915.] § 481. Affidavits by hotel keepers holding liqnOr licenses. If any person, other than the keeper or members State Supijj^ih-tem-dei^t of Elections 241 of his fainily, sliajl c^aipa^a voting residence in a building or part of, the building iis(9da,s a hotel, within three months of a general election, in which building or part of the building the business of trafficking in liquprs is conducted under a liquor tax certificate issued under subdiyision one of section eight of the liquor tax law, the holder of such certificate shall furnish to the state super- intendent 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 conformed to and at the time of making the affidavit do conform to all the requirements of the laws, ordinances, rules and regulations relating to hotels and hotel .keepers, -including all laws, ordinances, rules and regular tions of the state or locality pertaining 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 elec- tion used as a hot^l. If for any reason the said building or part of the building used as a hotel shall be devoted to other than hotel purposes within three months of said election the holder of siich liquor tax certificate shall state in such affidavit for what purpose such building or part thereof formerly used for hotdl 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 neg- lect 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 suffering 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 years from the date of his conviction. [As amended hy chap. 649, Laws of 1911, and chap. 678, Laws of 1915.] § 482. Filing such reports and affidavits. Any report or affidavit required by the two preceding sections shall be acknowledged and sworn to before a notary public, commissioner of -.deeds, or. justice of the peace, and shall be filed personally by such landlord, propi^etor, lessee or keeper or by registered mail 242 The Election Law with the said superintendent of elections at such office as he may designate. [As amended by chap. 649, LaUfs of 1911, and chap. G78, Laws o/ 1915.] § 483. Reports by police and certain departments. Whenever 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 superintendent of elections of every building or part of a building in such- city in which the business of trafficking in liquors is conducted* under a liquor tax certificate issued under subdivision one of section eight 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 a hotel, restaurant, saloon, store, shop, booth or othei" place and the name of the holder of such certificate, and if the place be a hotel the report shall state whether or not the building and holder of the certificate conform to all the laws, ordinances, rules and regulations of the state or locality including the 'laws, ordinances, rules and regulations of the building, fire and heailth departments in relation to hotels and hotel keepers. [As amended by chap. 649, Laws of 1911, and chap. 678, Laws of 1915.] § 484. List to be furnished if required by the superintendent of elections. The superintendent of elec- tions shall also have the right throughout the year whenever deemed necessary by him. to require the owner or lessee of any hotel, i or inn, containing less than fifty rooms and every lodging- house, or dwelling to make to the superintendent within ten days after notification, a sworn report upon a blank to be prepared and. furnished by said superintendent, which said report shall contain a list giving the name of every male person of twenty- one years of age and. upwards, who resides in said hotel, inn, lodging-house and dwelling, together with the period, that they have resided therein, and such other information as may be deemed necessary by said superintendent, and said superintendent shall have the power whenever deemed necessary by him to require said owner or said lessee in addition to notify said superintendent whenever any of said male persons shall within twenty-nine days before election leave said hotel, inn, lodging-house and dwelling. Said superintendent shall have the power to require said list to State Supeeintendent of Elections 2^3 be made by the owner if said owner is in possession. If said owner is not in possession said superintendent shall have the power to require said owner to furnish the name of the leasee and lessees of said building and said superintendent shall then have the power to require said list of said lessee and lessees. In the event that jsaid building is occupied in part by said owner and in pa^t by, a lessee or lessees the said superintendent shall then have the. power to compel the owner to furnish the said list for the part occu,pied by him, and the names of the lessee or lessees who lease the remaining part of said building, and said superintendent may require said lists from said lessee or lessees. In the event of the neglect of the owner or lessee to furnish said list i, when ;demanded by said superintendent of elections, said owner or lessee .shall be guilty of a misdemeanor punishable by a fine of two himdred and fifty dollars, and in case of a second conviction shall be punishable by a fine of five hundred dollars and impxisoii- ment. If the ovsnier furnishes to said superintendent a list '^hieh -states, that a male person has resided in said premises for. a long^ period than he has actually resided . jtherein, or if said person puts upon said list a name under which no person has , ,residfid any length of time in said premises, said owner shall be gnilty of a felony and in addition liable to a penalty of one thousand doUarsy which said penalty shall be a lien upon the house and the lot upon which the house is situated. If the lessee furnishes a false list then the said lessee shall be liable to a penalty of one thoiisand dollars, which said penalty, in addition to bein^ Bsttisfied out of any goods or chattels of the lessee, shall be a lien upon tlse leasehold, and shall entitle said leasehold to be sold to satisfy said penalty subject to the rights of the landlord. Every penalty -imposed herein upon a house or leasehold shall be a lien. upon the house and lot or leasehold in relation to which the penalty. is imposed from the time of filing of a certified copy of the judg- ment in the office of the clerk of the county in which said house and lot or leasehold is situated, subject only to taxes, assessments, •w'ater rates and to such mortgages and mechanics' liens as may exist thereon prior to such filing, and it shall be the duty, of the prosecuting officer upon the entry of said judgment to forthwith file the copy as aforesaid in the office of the clerk of the county and said copy upon said filing shall be forthwith indexed by the clerk in the index of mechanics' liens. A lis pendens may be filed in the office of the clerk of the county in which the. realty or leasehold is situated at the time of the commencement of the 244 The Election Law , >- proceedings under this section, [As ameri4ed hy chap,,Q4:9, Layjs of 1911, and chap. 678,' Laips of 19i5.] § 485. Card lists of registered electors. TKe board of inspectors of each election district shall oh each day- of r^is- tration 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 in their respective districts, together with all of the answers made and information given by the person registered, at the time of registration, and such cards, inclosed and sealed in a cover to be provided for that purpose by the secretary of state, shall be delivered personally or by mail forthwith by the chairman of the board of inspectors together with a statement on a blank form, to be furnished by the secretary of state after approval 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 state superintendent of elections at one of his offices to be designated by him. In cities of the first class the board of inspectors of each elec- tion district shall also on each day of registration transfer to the 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 in their respective districts, together with all of the answers made and information given by the persons registered, at the time of registration and such other and further information as may be required by said card and such cards, inclosed and sealed in a cover to be provided for that purpose by the secretary of state, shall be delivered personally forthwith by the chairman of the board of inspectors together with a statement on a blank form, to be furnished by the secretary of state- after approval by the state superintendent of elections, that the cards delivered con- tain a correct copy of all the names registered and information given as required by said card, to the police department of said city at such office as shall be designated by said police department. [As amended hy chap. 649, Laws of 1911, chap. 6Y8, Laws of 1915, and chap. 53T, Laws of 1916.] § 486. Challenge lists. 1. The state superintendent of elections shall prepare for each election district in the city of l^ew York a challenge list containing tbe names, alphabetically State Sui^EKiNTEkDE ctt op Elections 245 arranged, and' addresses of 'all persons who, by reason of dfeath, removal, conviction or otherwise, have lost the right to register from the addresses within. suc^.. election district from which they registered at the last preceding election. Such challenge lists shall be delivered to the respective boards of registry in such city at least one-half hour before the commencement of registrg,tion. It shall- be the duty of the chairman of such respective boards of registry to challenge the registration of any person applying to them for registration under any name on said challenge lists, unless it shall affirmatively appear after strict examination of the voter, and, if iiecessary, others also, that such voter has become domiciled at a new address within the election district. Said challenge lists shall contain a column headed " remarks " and it shall be the duty of the chairman of the respective boards of registry to enter in said column opposite the names on said lists whether any person applying for registration under any name on said lists who was challenged was allowed to register and the reason for allowing him to register. If a person applies for registration under any name on said challenge lists who is chal- lenged and does not register then there shall be entered opposite such name in the aforesaid. column headed "remarks" the words " challenged but did not register." If no person applies iov registration under any name on said challenge lists then there shall be entered opposite each siich name in the aforesaid col- umn headed " remarks "• the words "no application." Any duly accredited watcher shall have the right to examine such challenge list. On each day of registration the chairman of the board of registry shall make the challenges and the entries in the column headed " remarks " as heretofore provided. At the close of the last day of registration said challenge lists shall be signed an^ certified as true by each member of such board of registry and returned to the state superintendent of elections in a sea,led envelope provided therefor by the said state superintendent. ' 2. After the last day of registration and before election day in each year the state superintendent of elections ' also shall preparb for each election district' in the city of New York a challeiige li^t containing the names, alphabetically arranged, ' and addresses of all persons registered iii such district during said last preceding period of registration whom he shall have reason to believe, from investigation or otherwise, not to be entitled to vote, at said election. Such 'challenge lists shall be delivered to the i respective boards of inspectors in sych city at least one-half hour before the opening of the polls of each eledion. It shall be the duty of the 246 The Election Law chairman of the respective boards of inspectors ta challenge the vote of any person presenting himself to vote under any name on said challenge lists. Said challenge lists shall contain a column headed " remarks," and it shall be the duty of the chairman of the respective boards of inspectors to enter in said column opposite the names on said lists whether any person applying to voteund^ auy name on said lists who was. challenged was allowed to vote and the reason for allowing him to vote. If a person applies to vote under any name on said challenge lists who is challenged and does not vote, then there shall be entered opposite such name in the aforesaid column headed "remarks" the words "challenged but did not vote." If no person applies to vote under any name on said challenge lists then there shall be noted opposite each such name in the aforesaid column headed " remarks " tke words " no application." At the close of the polls said challenge lists shall be signed and certified as true by each member of such board of inspectors and returned to the state superintendent of elections in a sealed envelope provided therefor by the said state superintendent. 3. The state superintendent of elections shall prepare dupli- cates of all challenge lists provided for in this sectioi^ and he shall keep said duplicate challenge lists on file in his office from the time of their preparation until the close of the third. general election following the preparation of said challenge lists. The aforesaid original challenge lists shall also be kept on file) for two years after the general election following their preparation. [As amended by chap. 649, Laws of 1911, and choip. 678, Laws Ofrl915.] \ % 487. Salaries and expenses. The annual salary of the state superintendent of elections shall be five thousand dollars.; of the chief deputy, four thousand dollars; of the secretary,, two thousand dollars ; of one chief . stenographer, fifteen hundred dollars; of not more than thirteen of the deputies, of whom eight may be assigned to take charge of the branch offices, fifteen hun- dred.. dollars each; of not more than seventy of the -deputies, one thousand dollars each ; payable semi-monthly. . All other deputies shall receive five dollars for each day's service, not exceeding forty, days for any. one election, -to be paid on the certificate of the^ superintendent or ehief deputy, which forty days shall be •within a -period beginning one week before the first day of regis- tration and ending December thirty-first of such- year. The salaries of the clerks and other stenographers shall be fixed' by &B^ State Superintendent of Elections 247 said superintendent. All salaries and other compensation pro-, vided by this section shall be paid by the state treasurer on the warrant of the conaptroller. , The state superintendent may provide one main office, which shall be located in the city of Albany, and branch offices in his^ discretion, not to exceed eight in number, one of which shall be located in the city of ISTew York and furnish them with needed furniture, stationery and supplies, and expend for such purpose and for disbursements and expenses in carrying out the provisions of this article, not exceeding forty thousand dollars each year, to be paid by the state treasurer on the audit and warrant of the' comptroller. [As amended hy chap. 649, Laws of 1911, and chap. 678, Laws of 1915.] § 488. Report to governor. 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 this chapter or the penal law, 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 office which the state superintendent may deem proper or which may be required by the governor. [As amended by chap. 649, Laws of 1911, and chap. 678, Laws of 1915.] § 489. Authority of state superintendent of elec- tions. The authority, powers ,and jurisdiction of the state superintendent of elections with respect to general elections, as defined by the provisions of this article, are hereby extended to primary elections, so far as such provisions may be applicable. [Added hy chap. 891, Laws of 1911, and amended hy chap. 678, Laws of 1915.] *§ 44. The terms of office of the present state superintendents of elections shall expire upon the appointment and qualification of a single superintendent of elections under the provisions of section four hundred and seventy-one of the election law as amended by this act. Upon the appointment and qualification of such superintendent of elections, he shall succeed to the powers and duties of such superintendents of elections except as modified. *So in oTxgina!,' 248 The Election Law by this act and shall have the charge, custody and control of the offices, property, books, records, papers and documents pertaining to the powers and duties of such superintendents. After this act takes effect and until the appointment and qualification of such superintendent of elections, the present superintendents of elec- tions shall have the powers and duties of the superintendent of elections as prescribed by the election law as amended by this act. This act shall not affect any matter pending under the election law at the time it takes effect or at the time of the appointment of a single superintendent of elections under section four hun- dred and seventy-one of such law as amended by this act, which pertain to the powers and duties of the present superintendents of elections, nor affect th« running of time with respect to any proceeding provided for in the election law. Any such pending matter pertaining to the functions of the state superintendents of elections shall be continued and disposed of by the state super- intendent of elections. [Added by chap. 678, Laws of 1915.] 1 ARTICLE 15 Soldiers' and Sailors' Elections Section 500. Special polls in time of war. 501. General register of absent voters. 502. Poll books and oaths. 503. Official war ballots. 504. Official envelopes for war ballots. 505. Delivery of official war ballots, poll books and en- velopes. 506. Lists of nominations. 507. Polls of election. 50i8. Opening of the polls. 509. Organization of the polla, . 510. Conduct of elections. 511. Count of the votes. 512. Returns not to be rejected because of informality of election. 513. Disposition of envelopes and ballots. 514. Canvass by inspectors of election. 515. Canvass by county board. 516. Canvass by state board. 517. Returns or statements not made and filed prior to certain dates in any year not to be canvassed. - 1 Renumbered by chap. 800, Laws of 1913. SOLDIEES' AND SaILORs' ELECTIONS 249 Section 518. Provisions of penal law relating to crimes against the elective franchise to apply. . 519. Filling vacancies in the office of inspector of elec- tions. 520. Elections may be contested. 521. General provisions concerning elections to apply. 522. Copies of this article to be published and distributed. § 500. Special polls in time of war. Whenever, in time of war, any qualified voter of this state shall be in the actual military service of this state or of the United States, in the army or navy thereof, and by reason thereof absent from his election district, such absent voter shallbe entitled to vote as fully as if he were present at his place of residence in the manner hereinafter provided. § 501. General register of absent voters. It shajl be the duty of the secretary of state to prepare and make a general register in which shall be entered in alphabetical order the names of the voters of this state absent from their respective election districts in time of war in the actual military service of this state or of the United States in the army or navy thereof. Such general register shall contain the name and residence of each such absent TOter by street and number, if any, and the name of the county and city or town in which he resides, so far as the secretary of state can ascertain the same. It shall also contain the name or number or other designation of the regiment, company, troop, vessel or other command to which each such absent voter is at- tached or assigned, and the location of such command at the time of such entry, so far as he can ascertain the same. In order to secure the necessary information to make and com- plete such general register, it shall be the duty of the secretary of state to prepare proper blanks and forward the same to the com- manding officer of each command in which there are any sucli absent voters of this state, to b© filled out with the necessary information, attested by him, and returned forthwith, se- curely sealed, to the secretary of state. Such general register shall be a public record and shall at all reasonable times be open for inspection by any voter of this state. It is hereby made the duty of every public officer, and of every citizen, to furnish to the secretary of state suoh information as he may possess relating to such absent voters ; and any person who shall refuse ■ go to do, or shall wilfully furnish false information in reference to such 250 The Election Law absent voters, shall be deemed guilty of a felony and shall, upon conviction thereof, be punished by imprisonment in a state prison for not less than one year nor more than three years. § 502. Poll books and oatbs. It shallbe the duty ot the secretary of state to cause to be prepared and printed in .book. form a sufficient number of poll books, at least two books for each poll, for the use of the inspectors of elections at the polls of the elections held under the provisions of this article. Such poll books shall be in the general form of those prescribed for use at elections in this state, omitting all columns except those for the number, name and residence of each voter, 'and" so arranged that there can be entered therein, in addition to such entries, in separate columns, the name of the county and city or to^vn in which the persons voting at such poll reside or claim to reside, and also the designation of the particular com- mand to which each such person is attached or of which he forms a part. TJpon the first page of each such poll booTc shall be printed the date and character of the election for which it is prepared, and blank spaces in which shall be written by the inspectors the place at which the poll was held, and the names and residences of the persons acting as inspectors of election thereat. Upon the page following the last page of each such poll book used for recording the names of voters at such poll, shall be printed a blank certificate, to be signed by the inspectors of election at the close of the polls. Such certificate shall be substantially in the following form: "We, the inspectors of election for the general (or special) election held at (here follows the name of the place) on the day of 19 ... , do hereby certify that the names of the persons recorded herein as having voted at such election, such persons numbering in all (here foUo'^s the number in figures and words), are all the persons who appeared before us and demanded to vote at such election, and took the oath required, and who voted at such election. Inspectors of Election." Such poll books shall also contain the oaths for the inspectors of election provided in section five hundred and nine of this article. SOLDIEHS' AND SaILOKs' ELECTIONS §51 § 503. Official war ballots. It shall be the duty of the secretary of state to cause to he prepared and printed at least twice as many official ballots in the form hereinafter prescribed as there are voters absent from their respective election districts as shown by such general register. Each such official ballot shall be six inches wide and of such length as to allow one-quarter of an inch for the title of each office printed upon the face thereof and one-half inch for the name of each candidate for such office as the voter may lawfully vote for and one-half inch for the title of each dass of offices. Each class of offices shall be separated by a solid black line one-eighth of an inch wide running across such ballot. All such ballots shall be uniform in size and style of type used and shall contain the titles of all offices, as near aa may be, for which any voter may vote in any election district of the state at such election. The type and paper for such ballots shall conform generally to that used for the official ballots pre- scribed by this chapter. Such ballot shall be printed in substan- tially the following form: "STATE OFFICES. For Governor. For Lieutenant-Governor. JUDICIAL OFFICES. For Associate Judge of the Court of Appeals. For Justice of the Supreme Court for Judicial District. "' LEGISLATIVE OFFICES. """ For Kepresentative in Congress for Congressional District. For State Senator for Senate District. For Member of Assembly for District of County. COUNTY OFFICES. " For Sheriff of County. For District Attorney of County. CITY OFFICES. ' For Mayor of the City of WAED OE, TOWN OFFICERS. For Supervisor of Ward or Town of For. Justice of the Peace, Town of 252 The Election .Law --•■■■ ELECTION", DISTRICT OIFICEa For Inspectors of Election for. . .Election District, Town of... ." Upon the back of each such ballot shiall be printed the .words;. I " OEFlCIAL WAR BALLOT . For the general (or special) election, held November ., § 504. Official envelopes for war ballots. He shaH also cause to be prepared and printed at least twice as many official envelopes as there are voters absent from their election districts, as shown by such general register. Such envelopes shall be gummed, i*eady for sealing. Upon one side of such envelope shall be printed in substantially the following form the following: " OFFICIAL WAR BALLOT FOR Gbnekax, Election, Novembee. .••••, 19. . Name of voter - Residence (street and number, if any) County of City or Town of ■ . Secretary of State." Upon the other side of such envelope shall be printted the follow- ing oath : "OATH OF ELECTOR. " I do swear (or affirm) thai; I have been a citizen of the United States' for ninety days and am now of the age of at least' twenty-one years, or will be on the day of , 19. . ; that I will have been an inhabitant of the state of New Tork for one year next preceding this election and for the four monthspreceding such election a resident of the county of , and am' a qualified voter, ■ residing at (street and number, if a,ny) . - , in the (city or town of) ; that I -am in the actual military (or naval) service of the state of New York or of the United States, and at present attached to (here state the particular command to which attached) ; and that I 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 Avith- Soldiers' and Sailors' Elections 253 holding of a vote at this election, and have not made any promise to influence the giving or *withhh'olding of any such vote; and that I have not made or become directly or indirectly interested in any bet or waser depending upon the result of this election; and that I have not been convicted of bribery or any infamous crime, or, if so convicted, that I have been pardoned and restored to all the rights of a citizen." If at such election any proposed amendment to the constitution or other proposition or question is to be submitted to the vote of the vpters of the state, the secretary of state shall furnish an equal number of ballots for questions so submitted in the form prescribed by section three hundred and thirty-two of this chapter, which shall be properly indorsed, as a war ballot. § 505. Delivery of official virar ballots, poll books and envelopes. The secretary of state shall cause to be delivered to the commanding officer of every command in which ten or more voters of this state are included, absent from their respective election districts in tinie of war in the actual military service of this state or the United States in the army or navy thereof, a sufficient number of official war ballots of each kind and official envelopes, at least twice as many as there are such voters in such cO'mmand; and two poll books for the use of such voters at each poll of each election held under the pro- visions of this article. Such official war ballots, poll books and envelopes shall be delivered in time for use at the election for which they are prepared, in such manner and by such means as shall in the judginent of the secretary of- state be best suited to secure their safe and timely delivery for the use of the voters at the, election for which they have been prepared. § 506. Xrists of nominations. It shall be the duty of each county clerk or board with whom or which certificates of nom- inations to public office are filed to cause a certified list of such nominations to be forthwith forwarded by mail to the secretary of state, including the name and residence of each nominee to- gether with the title of the office for which he is nominated and the party or other political name specified in such certificates of nomi- nation. It shall be the duty of the secretary of state after the receipt by him of such certified lists of nominations to communi- cate so far as practicable, to each commanding officer of any com- * So in original. 254 The Election Law maud Having therein ten or more voters of this state absent from their respective election districts in time of war, in the actual military service of this state or the. United States in the army or navy thereof, the name and residence of each person named in any certificate of nomination so certified by a county clerk or filed in the office of the secretary of state, together wili the title of the office for which he is nominated and the party or other political name specified in such certificates of nominations; and upon receipt thereof each such commanding officer shall cause such information to be posted in a conspicuous place for the in- formation of such absent voters in his command. § 507. Polls of election. Polls of an election held under the provisions of this article shall be opened on the day of such election at the quarters of the captain or other com- manding officer of any company, troop or other command in the military service of this state or of the United States in the army or navy thereof, if the same be composed in whole or in part of voters of this state. All qualified voters of this state in such com- mand may vote at such poll. Officers and enlisted men, voters of this state, attached to or forming part of a command having therein less than ten such voters, or detached by military order and absent from their command, may vote at such other poll as may be most convenient for them. § 508. Opening of tlie polls. Any election held under the provisions of this article shall be held upon the day of the general or special election In this state, or on any secular day within twenty days next prior thereto, such prior day to be fixed by the commanding officer of any command where the poll or polls for such election shall be held, by proclamation duly made; pro- vided, however, that if by reason of the exigencies of war such elec- tion can not be held in any of the polls herein provided on the day so fixed, such election may be held on the next day practicable thereafter upon like proclamation of the commanding officer of any such command; but such election shall not be held later than the day of such general or special election. Such polls shall be opened at siich hour of the day as shall be most convenienl; for such v6ters and shall remain open not less than three hours and as much longer as shall, in the opinion of the inspectors of election serving at such polls, be necessary in order to receive the votes of all voters of this state entitled to vote at such polls; birt SOLDIEES' AND SaILOKs' ELECTIONS 255 no polls shall be kept open later than sunset of the day on which su to be under true name of contKibntor. ISTo person shall in any name except his own directly; or indirectly, himself or through another pferson, m.ake a payment or a promise of payment to a political committee or to any ofiicer or member thereof, or to any person or persons acting under its authority or in its behalf, nor shall any such committee or any such person or persons knowingly receive a payment or promise of payrftent, or enter or cause the same tO be entered in the accounts or records of such committee, in any name other than that of the person or persons by whom it is made. § 548. Filing and preserving statements. All state- ments required by this article shall be filed with the secretary of state, except in those cases where a candidate is required to file- a statement elsewhere by section seven hundred and seventy-six of the penal law, and all statements, vouchers, receipts and ac- counts required by this article shall be preserved for fifteen months after the elections to which they relate and shall be open to public inspection. \_As amended hy chap. 438, Laws of 1910.] ! § 549. Secretary of state to provide forms. The secretary of state shall provide blank forms suitable for the statements above required. § 550. Contempt proceedings upon default in filing statement. If any person or persons or committee or com- mittees fails to file a statement or account as above required, or if any person or committee files a statement which does not conform to the ftM^egoing requirements in respect to its truth, sufficiency in detail, or otherwise, or if any person or committee has failed to comply with any other of the requirements or pro- visions of this article, the supreme court or any justice thereof, may compel by order in proceedings for contempt, such person or committee to file a sufficient statement or account, or otherwise comply with the provisions of this article. The applicant for an M'8' Ti-iE ELECTioisr Law oMei-, as prescribed in this article, must present to the" supreme cOnvt, or a justice tflereof, a written petition, Betting forth, upon information and belief, stating the grounds and sources thereof, or iS^n the personal knowledge of such applicant or applicants, any f«lTire of failures to comply with the provisions of this article, til©.; facts showing such failure or failures, and the names of the parson or persons, or committee or committees, charged with such failure or failures. Except when made by the attorney-general^ such petition shall be verified in like manner as a verified com- pTamt in an action brought in the supreme court. y^ 551. Who may maintain proceedings. Application 1^5,. an order . as. prescribed herein may be made by the a^rney-gener^l,, district attorney, a candidate voted for at the edition in respect to which the allegations in such petition may relate, or by any |iv3 qualified voters who voted at such election. §'552. Undertaking for costs. At the time of pre- senting the petition, the petitioner shall file v^ith such court or jiistice thereof, an undertaking in a sum to be determined and Wi1ih sureties to be approved by the court or justice thereof, con- ditioned to pay such costs and disbursements in such proceeding a^^ shall be adjudged against him, as hereinafter provided, not exfceeding the sum fixed in said undertaking. Upon the presen- tation of such petition and the giving of the security provided for in the foregoing section, the court or justice thereof shall forthwith issue an order, a copy of which order and petition shall be served personally upon the person or persons named in such petition or left at his or their last known place of residence not Ifesa than seventy-two hours prior to the return day thereof, and directing them to appear and show cause at a day certain within ten days after the issTie of the order, why such person or persons should not file a statement of election expenses, or amend the statement already filed, and to furnish the court or justice thereof Buch further information as the court may require on the sub- jects Copies of such order shall be served on the attorney-gen- eral of the state and on the district attorney of the county wherein BUch statement is required to be filed. § 553. Time within w^hich proceedings must he brought. Such petition shall be presented within fifty days after any election in respect to which the allegations of such petitioa shall, relate if the statement mentioned therein was filed within the twenty days as herein required ; but if the CoEituPT Practices 260 statement shall not have been filed within said, twenty days, such petition may be presented at any time not more than sixty days after the filings of the statement. The said petition and order to show cause shall be filed, and any order or judgment made .in the proceeding based thereon shall be entered in the office of ithd clerk of the county in which such election was held, if held whoJljs within a county, or otherwise in such other office as the court^.oq a justice thereof, shall direct. ' - • f>;" § 554. Proceedings to be summary. Upon the reti\r?D of tho order to show cause provided for in section five hun- dred and fifty-two, the court, or justice, shall immedlsftffly, and in such manner as the court or justice shall dire'elj and without respect to any -technical requirement,-- inquire into the- facts and circumstances and into such vicyla* tions of, or failure to comply with, the provisions of this article, as may be alleged in any such petition, or into such other f^ts and circumstances relative to any such election or to any^ con- tribution or expenditure made in conneetion therewith, whif;li at any time, whether before or during the continu since of such, inquest, the court or justice holding such inquest shall deem nee-, essary to secure compliance with the provisions of this article Q.r, to punish for a violation thereof. Such other persons as the court, or justice, shall deem necessary or proper to join or bring, in as parties to the said proceeding in order to make its order, ..judgment or writs effective, may be joined as parties in such manner and upon such notice as said court or justice shall direct. § 555. Preference over other causes. The proceedings upon, and the investigation of, the charges set forth in said petition, shall take precedence and be preferred over all- other actions or proceedings by or before said court, or justice thereof, and in case of appeals, in the appellate division and in the court; of appeals. i.-.j., ■; § 556. Appeals. Appeals may be taken to the appellate' division of the supreme court, and to the court of appeals," from the orders herein provided for, in the same manner that ap- peals are taken from orders of the special term of the supreme' cdurt^ and such appeals shall be considered by such appellate courts as appeals from orders. ■- . ■' §,,557. Subpoenas. Any court or justice holding such, in- quest may issue subpoenas for witnesses, who shall b& allow.ed 270 The Election Law the same fees, wiiose attendance may be enforced in tke same manner, and who shall be subject to the same penalties, as if served with a subpoena in behalf of the state in a criminal prosecu- tion in such court. § 558. Personal privilege of witnesses. No person shall be excused from attending and testifying, or from pro- ducing any books, papers or other documents before the court, or justice thereof, upon any trial; investigation or hearing, under the provisions of this article, upon the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him, may tend to convict him of a crime, or subject him to a pen- alty or forfeiture; but no person shall be prosecuted or subjected ta any penalty or forfeiture, for or on account of any transaction, matter or thing concerning which he may so testify, or produce evidence, documentary or otherwise, and no testimony so given or produced shall be received against him upon any criminal investi- gation or proceeding. § 559. Conduct of hearing. The attorney-general, a district attorney or some person designated by either, or by such court or justice, shall attend the inquest and examine the, wit- nesses, and the persons or committees by or against whom the proceeding is brought shall have the right to appear by counsel at the inquest, produce evidence, and examine and cross-examine witnesses in their own behalf. Such court or justice shall have power, by a subpoena diices tecum, to compel the production before him or it, for examination, of any books or papers of any kind or of any other thing which he or it may require in the conduct of such inqviiry, and which is relevant and material. Such court or justice shaJl have power to cause any person who shall neglect or refuse to appear before him or it as a witness, having been duly summoned, to be brought before him or it; and' any person in attendance as a witness, who shall refuse to be sworn as a witness, or who being sworn shall refuse to answer any proper questions propounded to him, and any person who, having been duly summoned, shall neglect or refuse to appear before such court or justice, may be adjudged guilty of contempt and may be fined not more than one thousand dollars, or imprisoned not more, than thirty days, or both. § 560. Judgment and penalty. The said court or justice thereof shall: render judgment' in such proceeding^: as folf 'COEEUPT Peactices 271 lows: If such person or persons or committee or committees proceeded against, have failed to file the required statement, Or have filed a false or incomplete statement, without veilful intent to defeat the provisions of this article, the judgment shall require the person or persons proceeded against to file such statement or such amendment to the statement, as shall render the same teue and complete, within ten days of the entry of the judgment, , and to pay the costs and expenses of the proceeding. If such person or persons or committee or committees have failed to file a state- ment, or have filed a false or incomplete statement, and such ■failure to file or such false or incomplete statement was due to a wilful intent to defeat the provisions of this article, or if the per- son or persons proceeded against shall fail to file the required mtatement or amendment as directed by a judgment of a court or justice within ten days after the entry of such judgment, the person or persons or committee or committees proceeded against shall- be liable to a fine not exceeding one thousand dollars, or imprisonment for not more than one year, or both. If such person or persons or committee or committees have filed a statement complying with the. provisions of this article^ or if the person or persons, committee or committees proceeded against, or either of them, are not required to file a statement as prescribed herein, the court or justice shall render judgment against the applicant or applicants, and in favor of such person or committee, for his or their costs and disbursements, to be taxed by such court or justice. § 561. Application of article limited. The provisions of this article shall not be applicable to elections of town or village officers in any -town or village, or to any person, associatiom or corporation engaged in the publication or distribution of any newspaper or other publication issued at regular intervals in respect to the ordinary conduct of such business. § 562. Party funds not to be expended for primary purposes. Ko contributions of money, or the equivalent thereof, made, directly or indirectly, to any party, or to any' party committee or member thereof, or to any person representing or acting on behalf of a party, or any moneys now in the treasury of any paTty, or party committee, shall be expended in aid' of the designation or nomination of any person to be voted f Or at ai ptri- mary election, either as a candidate for nomination for public office, or for any party positJ9n,.[^s adied hy chap. ^^1^ Laws of 1911, and amended hy chap. 820, Laws of 1913.] ' ' " 272 The Election Law 1 ARTICLE 17 Laws Repealed; When to Take Effect Section 570. Laws repealed. 571. When to tale effect. § 570. La-ws repealed. Of the laws enumerated, in the schedule hereto annexed, that portion specified in the last column is hereby repealed. § 571. When to take efFect. This chapter shalltake effect immediately. Schedule of Laws Repealed. Eeviped Statutes. . . . Part 1, chapter 6, All Laws of Chapter Section 1778 12 9 lY78 16 All 1778 39 All 1781 •. .. 36 2 1784 66 2 1787 15 1-25,27 1789 12 All 1789 35 All 1791 5 All 1791 52 All 1792 83 All 1792 72 All (15th Sess.) 1792 1 All (16th Sess.) 1792 5 All (16th Sess.) 1793 14 All 1796 32 All 1796 57 32 1797 62 1-10,12,13 1799 51 All 1800..". 23 All 1801 24 All 1801 61 1-9, 11-13, 15, 19, 20 1801 64 1-3 1802 81 1,3,4 1804 2 A ll (28th Sess.) lAs renumbered by Chap. 800, Laws of 1913. \ Laws Repealed 2.73 Laws of Chapter Section 1807 112 All 1808 170 2.3 1809 IG AH 1810 193 12 1811 201 All 1812 5G All ■ -• 1812 169 All- R. L. 1813... 25 All R. L. 1813... 41 All 1815 145 All 1819 37 All 1821 246 All 1822 34 1 1822 250 1-15,17-26,30 1823 268 All 1824 258 All 1824 316 All 1825 33 All 1826 245 All 1827 179 1-7,10,11 1828 20 19 ('2d Meet.) 1828 21 1, in 45, 192, 427, 480, 500, 529 (2d Meet.) 1829 139 All 1832 248 All 1832 249 All 1837 445 All 1841 301 All 1842 130 All 1842 325 3-5 1844 331 All 1845 354 All 1847 240 All 1851 217 All 1854 286 All 1855 513 AH 1856 79 All 1859 380 All 1860 349 AH 1860 480 All 1861 . 307 All 27^ The Election Law Laws of Chapter Section 1864 . . 253 . . All 1865 . . 475 . . All 1865 . . 570 . . All 1865 . . 740 . . All 1866 . . 524 . . All 1866 . . 812 . . All 1870 . . 134 . . All 1870 . . 138 .. All 1870 . . 388 . . All 1870 . . 50'3 . . All 1871 . . 712 . . All 1872 . . 570 .. All 1872 . . 698 .. All 1872 . . 757 . . All 1873. . . .314 . . All 1873...... . . 474 .. All 1873 . . 824 ..- AH 1875 . . 138 . . AU 1876 . . 287 . . All 1877 28 . . All 1877 . . 322 . . All 1878 . . 354 . . All 1879 .. 320 . . All 1880 56 . . All 1880; .. 142 . . All 1880 .. 366 . . All 18S0. .. 437 . . All L880 .. 460 . . All 1880.. .. 465 . . All 11880; .. 508 . . All 1880 .. 553 . . All 1880. .. 576 . . All 1881. 18 . . All ISSlji .. 137 . . All 1881 .. 163 . . All 1881 .. 196 . . All 1882 13 .. All 1S82 .. 154 . . All 1882 .. 366 . . All 1882 . . 410 . . 1839-1844, 1846-1848, 1850- 1861, 1864-1866, 1868-1929, ±vox Laws Repealed 275 Laws of Chapter Section 1883 . . 316.. All 1883 . . 380.. All 1883 . . 422.. All 1883 . . 508.. All 1884 . . 161.. All 1885 . . 267.. 3, 4 1885 . . 446.. All 1886 . . 649. . All 1887 . . 265.. All 1888 . . 583.. [For sections repealed- in title XX. as amended, see chapter 236, Laws 1891, in this sched- ule] Title 20, §§ 3-25; 26 all after the word "board," in the last line; 27-32 1889 1.., All .'^v ; 1890 . . 117.. All :-■;! 1890 . . 169.. All ^: - r 1890 . . 262.., All :■ 1890 . . 321.., All 1890 . . 330.., All 1890 . . 355.., All 1891 7.. All 1891 . . 236.., [Sections 3 to 25, inclusive, all last line of section 26, and sec- tions 27 to 32, inclusive, of title XX. of chapter 583, Laws 1888, as amended by chapter 236, Laws 1891] 1 part amending L. 1888, Ch. §83, Tit. 20, §§ 3-25 ; 26 all after the word " board " in the last line; 27-32 1891 . . 296... All 1891 . . 336... All 1892 . . 127... All 1892 . . 680.., All 1893 . . 233... All 1893 . . 274. , , All 1893 . . 370.., All 276 The Election Law Laws of Chapter Section 1894 61 . . All 1894. .. . .. 275 . . All 1894 . . 302 . . All 1S94 .. 348 . . 2-S 1894 .. 764 . . All 1894 765 . . All 1895 23 . . All 1895.. .. 73 . . All 1895 .. 138....... . . All 1895 .. 158 . . All 1895 .. 810 . . All 1895 .. 909 . . All 1895 .. 991:....-. . . All 1895 .. 992 . . All 1895 .. 993 . . All 1895 .. 1034 . . All 1895 .. 1035 . . All 1896 .. 163. . . All 1896 .. 339 . . All 1896, . . 909 . . All 1897 .. 379 . . All 1897 .. 410 . . All 1897 . . 449 . . All 1897 .. 450 . . All 1897 .. 608 . . All 1897 .. 609 .. All 1898 .. 168 . . All 1898 .. 179 .. All 1898 .. 335 .. All 1898 .. 340 .. All 1898 .. 363 .. 9 1898 .. 674 .. All 1898 .. 675 .. All 1S98 .. 676 .. All 1899 58 .. All 1899 .. 266 .. All 1899 .. 363 .. Ail 1899 .. 466 .. All 1899 . . 467 . . All 1899 .. 473 . r— All 1899 .. 499 .. AH 1899 .. 630 .. All Laws Repiialed Laws of Chapter Section 1899 . . 641. . All 1899 . . 649.. All 1900 . . 202.. All 1900 . . 204.. All 1900 . . 225 . . All 1900 . . 381.., All 1900. . . 506.. All 1900 . . 648 .. , All 1900 . . 684.., All 1900 . . 711.. All 1900 . . 732.., All 1901 95.., All 1901 . . 113.., All 1901 . . 167... All 1901 . . 208.., All 1901 . . 232... All 1901 . . 300. . All 1901 . . 360... All 1901 . . 530... All 1901 . . 536.., 1, 2. 1901 . . 544... All 1901 . . 598... 3, 4' 1901 . . 615... All 1901 . . 654... All 1902 89... All 1902 . . 176... All 1902 . . 195... All 1902 . . 241... All 1902 .. 405... All 1903 . . 111... All 1903 . . 122... All 1903 . . 197... All 1903 ;. . . 595... All 1903 . . 644... All 1904 . . 70... ...... All 1904 . . 74... All 1904 . . 249... All 1904 . . 350... All 1904 . . 394... All 1904 . . 487.., All 1904 . . 488.., All 1904 . . 733.. All 278 The Election Law Laws of Chapter Section 1905 49 . . All 1905 . . 165 . . All 1905 . . 207 . . All 1905 . . 229 . . All 1905 . . 643 . . All 1905 . . 674 . . AH 1905 . . 675 . . All 1905 . . 689 . . All 1906 . . 159 . . All , 1906 . . 227 .. AU 1906 . . 259 . . All 1906 . . 331 . . All 1906 . . 466 . . All 1906 . . 498 . . All 1906 . . 502 . . All 1906 . . 570 . . All 1906 . . 642 . . All 1907 . . 119 . . All 1907 . . 255 . . All 1907 . . 296 .. All 1907 . . 470 . . All 1907 . . 472 ..- All 1907 . . 504 .. All 19€7 .. 596 .. All 1907 . . 654 .. All 1907 . . 744 .. All 1908 . . 105 .. All 1908 .. 456 .. AU 1908 . . 463 .. All 1908 .. 464 .. All 1908 .. 480 .. All 1908 .. 488 .. All 1908 .. 489 .. All 1908 .. 491 .. All 1908 . . 492 .. All 1908 .. 521 .. All INSTRUCTIONS FOR GUIDANCE OF ELECTION OFFICERS AT GENERAL ELECTIONS. The following brief instructions are intended not as a complete guide for election officers, but merely to point out where their more important duties may be found in the text of the election law. GENERAL PO^VERS AND DUTIES. Preliminary Duties. One of the 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, or board of elections, where maps or certificates of the boundaries of elec- tion districts are required to be filed. See § 298. Organization of Boards of Inspectors. The first duty to be performed by boards of inspectors is tho 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, lihey shall draw lots for that position. See §§ 313, 314. Inspectors 'to Act as a Board. In all proceedings of the inspectors acting as registrars, inspecr tors 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 § 314. MSupplying: Vacancies and Absences. If at the time of anymeeting of the injectors, there should be a -vacancy in any of the election offices, or any election officers [279] 280 Instkuctioxs for Election Officeks Bhould 1)6 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 the person so appointed or desig- iiated to act as an election officer should immediately take the constitutional and statutory oaths, as prescribed by the election law. See § 313. Preservation of Order by Inspectors. All meetings of the board of inspectors shall be public, and the board and individual members thereof shall have full authority to preserve peace and good order at all meetings of the board and around the polls of elections, to keep the access thereto unob- structed, and to enforce obedience to their lawful commands. The board may also call upon voters to assist in the performance of these duties. See § 315. REGISTRATION OF EI.ECTORS. Meetings. Before every i^cn-^ral cicction, meetings for the registration of electors pre tc be held as follows: In New York city meetings shall begin on Monday the twenty-ninth day before election .md continue on each day of the same week up to and including Sat- urday. On the fourth Friday, fourth Saturday, third Friday and third Saturday before election, in cities (outside of New York) and ; villages of 5,000 inhabitants or more. On the fourth Saturday and third Saturday in all election districts other than cities and villages of 5,000 inhabitants or more. See § 150. No inspector shall on any day of registration be absent during the hours fixed for enrolling the names of electors. See § 152. Not more than two watchers of each political party or inde- 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, provided that women may act as watchers at meetings for registration immediately preced- ing any election whenever held at which a woman suffrage con- Instructions foe Election Officees 281 stitutional amendment is to he submitted to tlie voters, except that but one woman watcher for, and one woman watcher op- posed to, the adoption of such amendment shall be permitted. See § 152. Register of Electors. Each inspector is required to make one copy of the register of voters, and he should not make any entry in any register but his own, or permit any other person to make an entry therein. The copy made by the chairman of the board of inspectors, 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, and on tha last day of registration a statement of the number registered shall be made as provided in section 177, except that 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 opposite 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 re- spective registers of electors, for use on election day. See § 177. Entries are to be made in the blank books for registration of voters, and when necessary, in the book of identification state- ments for registration day, which books are to be delivered to the inspectors before the hour set for registering the liames of voters 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 in- spectors are advised to read carefully the provisions of section 155 for full and complete instructions. Qualifications of Electors. The qualifications of a voter for the purpose of having his name placed on the register, are fully set forth in section 162, and should be thoroughly understood by the inspectors of election. 282 Instructions fok Election Officers Challenges. If an applicant for registration be challenged, or if any mem- ber of the board of inspectors shall have reason to suspect that such applicant is not entitled to be registered, his name should not be entered on the register of voters unless upon examina- tion under oath, the applicant shall prove to the satisfaction of the inspectors his right to be registered. Blank challenge affida- vits are provided for each board of inspectors, which are to be filled out by the inspectors in every case of challenge. If a member of the board shall have reason to suspect that the appli- cant is not entitled to have his name entered on the register, and if the applicant shall by his answers satisfy a majority of the board of inspectors of his right to be registered, they shall register his name; if not, they shall point out to him the qualifi- cation which he lacks as a voter, and his name shall not be en- tered upon such register except as provided by section 153 of the election law, relating to the adding and erasing of names on the register. See § 169. 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 voter last entered upon each page of his register; and upon the succeeding day of registration, he must enter the names of voters immediately under such lines. See § 177. 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 names and residences of all the persons registered respectively. See § 176. 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 and to the state superintendents of elections the total number of electors registered in such district. Inspectors of each district are required to furnish to the same officials at the close of each day of registration the total number Insteuotions foe Election Officees 283 of electors registered on such day in their respective districts. See § 181. 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 § 172. 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 registered in their respective districts in numerical order of the street numbers thereof, which list shall be signed and certi- fied by the board of inspectors, and delivered by the chairman of the board to the police captain of the precinct in which the elec- tion district is located, or to an officer thereof. See § 157. , At the close of the last day of registration in cities of the first class one of the registers should be filed as provided for in section 178. The board of inspectors of each election district shall on each day of registration transfer to cards to be provided for that pur- pose by the secretary of state, which cards shall be in form and style approved by the state superintendents of elections, a com- plete copy of the name of each person registered in their re- spective districts, together with all of the answers made and information given by the person registered, at the time of regis- tration, and such cards, inclosed and sealed in a cover to be pro- vided for that purpose by the secretary of state, shall be delivered forthwith personally or by mail, by the chairman of the board of inspectors together with a statement on a blank form, to be furnished by the secretary of state after approval by the state superintendents 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 state superintendents of elections at one of their offices to be designated by them. See § 485. 284 Instructions for Election Officers DUTIES ON ELECTION DAY. Opening of the Foils. 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 § 350. For manner of arrangement of polling places, see § 31<. 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. The register shall also be conveniently placed within the guard rail. See §§ 343, 350. 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 § 345. The following duties shall be performed by the inspectors before opening the polls: 1. Open the sealed package of instruction cards, and cause them to be posted in the manner provided by law. 2. Open the sealed package of official 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 the distance markers to be placed at a distance of one hundred feet from the polling place. 5. See that the voting booths are supplied during the hours of voting 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. Instructions foe Election Officees 2S5 T. The election ofKcers should be stationed as near each other as practicable within the enclosed space. See § 350. 8. Designate an inspector to receive ballots from the electors voting, aad if a majority shall not agree to such designation, such position shall be filled by drawing lots. See § 853. 9. If at the opening of the poHs or during the day of election -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 § 313. Proclamation of Opening of Foils. The polls of every general election shall be open at six o'clock in the forenoon. See § 291. One of the inspectors shall then make proclamation that the poll-s of election are open and of the time in 'the afternoon when the polls will be closed. See § 350. 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 desired to take notice that the polls will be closed at five o'clock in the afternoon." Watcliers and Challengers. Duly authorized watchers, two of each political party or inde- pendent body, upon the production of their credentials, should be admitted within the guard rail at least fifteen minutes before the unlocking and examination of any ballot box at the opening of the polls, and may be present until after the announcement of the 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. Women watchers to be allowed, at certain times. See § 352. 286 Instetjotions foe Election Officees A reasonable number of challengers 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 § 352. Delivery of Ballots to Electors. Do not allow within the guard rail more than twice as many voters as there are voting booths thereat, in addition to the per- sons lawfully within such guard rail for other pujposes than voting. See § 356. Persons lawfully authorized to be admitted within guard rail are enumerated in section three hundred fifty-one. When a voter 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 voter 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 official ballots folded in the proper manner for voting. See § 356. 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 clerks, ascertain whether he is duly registered, and the ballot clerks shall liot deliver any ballots to such voter, until the inspectors announce that he is registered. See § 353. The ballot clerks 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 successive deliveries thereof. The ballot numbered one on the stub being the first delivered, and so on. See § 354. If, in addition there shall be any ballots of questions submitted, such ballots shall be delivered to the voter in such order that the number on the stubs of both ballots so delivered shall be the same. See § 354. In case one of a set of ballots bearing the same number shall be found defective in printing, or mutilated, before the same is Instructions for Election Officers 287 given to the voter, all 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 voters. See § 354. The ballot clerks shall upon the delivery of official ballots to the voters announce the voter's name and the printed number on the stub of each ballot so delivered. See § 354. Upon the return of a ballot or set of ballots unvoted, they shall announce the name of the voter 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 spoiled and mutilated ballots ; and shall then make a memorandum of the number of such ballots and the fact that they were returned spoiled by the voters. See § 354. If a voter deface or tear a ballot, or wrongly mark 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. See § 358. Upon each delivery of the official ballot, or set of official 'ballots, by the ballot clerks to a voter, each poll clerk must make the proper entries in the proper column of the poll book. See § 355. Only such ballots shall be delivered to a voter, as the voter is legally entitled to vote, and also a sample ballot when the same is asked for. See § 356. Assistance for Certain Electors. In cases of physical disability or illiteracy of a voter, which must be declared by the voter under oath, two of the election ■officers, who shall not be of the same political faith, may enter the booth with such voter and assist him in preparing his ballots. Such election officers are forbidden to influence such voter, or reveal to any person the name of any candidate voted for by such voter. See § 357, relating to assistance at town meetings or village elections. 288 Insteuctions for Election Officees Receiving of Ballots. When the ballot of a qualified voter is presented to the in- spector in charge of the ballot box, such inspector shall announce, the name of the voter and printed number on the stub in a loud: and distinct voice, and if the voter 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 endorsement on the back, and if suchs 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 clerks, such inspector shall re- ceive such ballot or ballots, after removing the stub or stubs- there- from in plain view of the voter, 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 § 359. As each elector votes the poll clerks shall enter in the poll books: in the column provided therefor, opposite the name of such elector, the iiumber upon the detached stub of the ballot or set of ballots voted by him. See § 355. As each elector offers his ballot or set of ballots which he intends to vote, to the inspector, each poll clerk shall report to the in-, spector whether the number entered on the poll book kept by hiin, 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. See § 355. 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 voter, It shall be the duty of each inspector to challenge every person offering to vote, whora-he shall know or suspect not to be dul;^^ qualified as a voter. See §§ 169, 361. Insteugtions fok Election Ofeicees 289 In such cases the following preliminary oath shall be tendered to him: " Yon do swear (or afErm) that you will fully and truly answer all such questions as shall be put to you touching your place of residence and qualifications as an elector." See § 362. The inspectors or one of them shall then ask the following questions under the preliminary oath : 1. What is your name ? 2. What is your age ? 3. Where do you reside? State as precisely as you are able the particular locality of your place 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 country ? 7. How long have you resided in this state? 8. Are you a native or naturalized citizen? If a naturalized citizen — 9. When were you naturalized? 10. Where and in what court, or before what officer? 11. How long have you resided in the United States? 12. Did you come into this election district for the purpose of voting at the next ensuing election? 13. How long do you contemplate residing in this election district ? 14. Have you made a bet or wager, or are you directly or indirectly interested in any bet or wager depending on the result of the next ensuing election ? . • , . 15. Have you received, or offered to receive, or do yon 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, confributed, offered or promised to contribute, to another, to be paid or used, any money or other valuable thing, or made any prom;ise, to influence the giving or withholding- of any vote at the next ensuing election ? 17. Have you been convicted of felony? 290 Insteuctions foe Election Officers 18. If so convicted, have you been pardoned and restored to all the rights of citizenship ? tn addition, such other questions may be asked which may tend to. test the qualifications of the persons offering to vote as a resi- dent 'of the election district, citizenship and right to vote at such polling place. See § 362. Upon the refusal of any person to take the preliminary oath, and to ansvs^er fully the questions which may be put to him, his vote shall be rejected. See § 362. After receiving the answers of the person challenged, the in- spectors shall point out to him the qualifications, if any, in respect to which he shall appear to them to be deficient. Sed § 362. And if the person persists in his claim to vote, and the chal- lenge be jipt withdrawn, the following oath shall be administered 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 thia 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?" S«e § 363. 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 of a vote at this election, and have not made any promise to influence thp giving or withholding of any such vote and that you have not made, or become directly or indirectly interested in any bet or wager depending upon the result of this election." See § 363. 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 Insteuctions foe Election Officees 291 by one of the inspectors : " You do swear (or afRrm) 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 § 363. 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 ten- dered him, his vote shall be accepted. See § 363. 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, or both, specifying in each ease the particular oath taken, and at the •close of election, the in- spectors shall certify that the record contains the naines' of all persons challenged at such election in such district. See § 364. Closing tlie Polls and Counting the Vote. The 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 de- livery of official ballots to the electors, and the electors entitled to vote who are in the polling place at or before the time fixecf for the close of the polls, shall be allowed to vote. See § 291. Immediately upon the closing of the polls, :the inspectors of election- shall publicly canvass and ascertain the votes, and shall not adjourn or postpone the canvass until it shall' be fully com- pleted. At the close of the polls the ballot clerks shall make u'^" in triplicate in ink a return which shall account for all the official ballots furnished to the election district in which they are serving ; they shall count and verify the number of each kind eft unused ballots, and enter it upon their returns ; they shall then 'open the box for ballots canceled before delivery and spoiled and' returned by voters, separate them into their several kinds, count all ballots of each kind and enter the numbers upon their returns. They shall make the additions and subtractions called for by the returns and prove their figures. In making their returns as aforesaid, the ballot clerks shall use the printed forms supplied to them with the ballots, and they shall carefully insert in all the blank Insteuctio?^s potj Election Offioees spaces thereon the appropriate names, words and figures 'according, toithe directions contained in article nine of this chapter and printed on the forms. Each kind of ballot and each kind of stub shall immediately after they are counted as aforesaid be securely tied in a separate package, and shall be plainly labeled, sealed, and returned to the box from which it was taken, and the box securely locked and seMed. The ballot clerks shall also securely tie all unused ballots in ift' sealed package. They shall then sign and swear to their re- turns before one of the inspectors and shall deliver their returns, th© 'boxes, packages, ballots- and stubs, together with the keys of the' boxes, to the chairman of the board of inspectors. The bal- lots go sealed and delivered shall be deposited and preserved as ballot boxes are hereinafter required to be deposited and preseryed- uS'v Poll clerks. Immediately upon the "close of the polls the poll clerks shall assist the inspectors of election in comparing the poll-books with the registers as hereinafter provided, and shall maJsje out in triplicate in ink and sign and swear to their returns befjore one of the inspectors of elections according- to the forms pxovided, and deliver them to the chairman. i£'4. Order of canvassing. The ballot boxes shall then, and not before, be opened and the ballots shall be canvassed, in the fol- lowing order: Eirst. The box, if any, containing presidential ballots. Second. The box, if any, containing general ballots; and -iiiBhird. The boxes, if any, containing ballots upon constitu- tiohal amendments or other questions submitted, including tovra questions. See § 366. Method of Canvassing. The chairman of the board of inspectors shall personally unfold each ballot of the kind then to be canvassed in such a manner that ita face shall be down and all marks thereon shall be wholly con- cealed, and he shall place all the ballots, so unfolded and with their fpfces down, in one pile. He shall then take up each ballot in, order, turn it face up, and announce in a loud and distinct voice, Instructioks for. Election Officers 293 the vote registered on the .first section or that the bajlot is void, or that the sectioii is hlank, as the case may he. He shall then- ttiim the hallot face down and place it in a new pile. When he has an- nounced the votes on the first sections of all the,ballots of the kind then to be canvassed, and the poll clerk's tallies made as herer inaf ter provided are proved to be correct, the official return .paroj vided for in article thirteen shall be filled out and signed-; Then,' and not before, the chairman shall proceed to canvass in like manner the votes upon the next section to be canvassed, dnd thus he shall proceed until all the ballots have been canvassed. . -.in As each vote is announced each poll clerk shall immediatdy tally it in black ink, with a downward stroke from right" to left upon the ofiicial tally sheet pro.vided for the purpose, also care^ fully tallying one for each blank or void vote. Each pdl clerk as he tallies a vote shall clearly announce the name of the can- didate for whom he tallies it, or that he tallies the vote blank or void as the case may be, or. in case of a question submitted- that he tallies the vote " Yes " or " No " as the case may be, and vMii such announcement by each poll clerk the chairman shall not anw nounce another vote. When a candidate's name is not printed 0^ the official tally sheet or return provided, it shall be written!' in full thereon in ink in its due order, that is, in the order in which it appears on the ballot. The tally marks shall be made imdwei numerical order in the tally spaces provided. s'^' When all the sections relating to the same office or questibu shall have been canvassed, the number of ballots shall be com- pared with the tally thereof. If the result as shown on the tally sheets does not agree with the results as shown by ihe number- of ballots, an error has been committed and a recanvass must be made. Upon the recanvass, the tally must be kept in red ink from left to righit across the previous tally marks. When all: the errors have. been corrected and the tally sheets have been found to be correot, the poll .clerks shall indicate the last tally opposite: each name by forthwith canceling at least the, next ten unused tally spaces, if there are so many, and if there, are not so many, then as many as possible, by, drawing, through them in rod ink 294 In^teuctions foe Election Officees one or more horizontal straight lines. The tally sheets having been thus prepared, verified, and closed, the inspectors and poll clerks shall sign the certificate at the foot of each sheet in the places indicated thereon. 2. Canvassing ballots when more than one candidate is to be elected to the same ofiice. When more than one candidate is to be elected to the same office, the foregoing method of canvass shall be modified to meet the necessities of the case, as follows : ■ The chairman shall read the names of the candidates voted for in the order in which they appear in the section, and each poll clerk shall make an accurate tally of each vote as announced upon the official tally sheet provided for the purpose. The chairman shall also announce the void ballots, if any, and the number of blanks, if any, upon the section, and each poll clerk shall make k's many tallies for each void ballot as there are candidates thereon to be elected to the office in question, and one tally for each blank. 3. Canvassing presidential ballots. The straight ballots, that id, all valid ballots on which all the candidates in any party group are voted for, shall be placed in piles, like with like, and the split ballots, that is, all valid ballots marked in one or more of the individual voting squares or with names written thereon, shall be Placed in one pile, and all void ballots and wholly blank ballots shall be likewise placed in separate piles. Each of the piles shall then be counted and the result clearly announced, and the number pf straight votes for each candidate shall be entered in gross ppposite his name on a tally sheet by each poll clerk, and the numbpr of split, void and wholly blank ballots shall be similarly entered in their appropriate places. The chairman shall then take the split ballots and they shall be canvassed, announced and tallied in the manner, above provided for canvassing ballots when more than one candidate is to be elected to the same office. In all cities and villages of five thousand inhabitants or more, the chairman of the board shall forthwith 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 b,9ard stating the number of votes received by each candidate, for office. See § 372. Instkuctions for Election Officers 2D5 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 certified copies thereof, and sign and certify them as required by law: See § 373. The ballots voted, except the void and protested ballots, should be replaced in the box from which they were taken, togethei- wi^ a statement as to the number of such ballots so replaced, and each such box shall be securely locked and sealed, and deposited with the officer or board furnishing such boxes. See § 374. /I'j Proclamation of Result. Upon the completion of the canvass and of the original state- ment and certified copies, and the result thereof, the chainoa:?^ of the board shall make public oral proclamation of the result of th,e canvass. See § 375. The original statement of canvass and the certified copies thereof will then be securely and separately sealed with sealii^ wax in an envelope properly endorsed on the outside thereo;f,by the inspectors. See § 376. Delivery and Filing of Papers, etc. '^i At every general election, the chairman of the board shkll forthwith upon the completion of the canvass, deliver one certified copy thereof as follows: One copy shall be delivered to the supervisor of the town di city in which the election district is situated, and if there b6iid 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 § 377. One certified copy of such original statement of the result of the canvass, 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 § 377. ■ The original certified statement of the result of the canvn=R, with the original ballot return, prepared by the ballot clerk; 29B Insteuctiois's foe rLEGxiox Offlgeks attached,, ihe sealed package of void and protested ballots, the record as to challenged and assisted electors, with the, sealed, pack- ages of the detached stubs and unvoted ballots, and one of the tally shesets shall vt^ithin twenty-four hours after' the completion D.f the canvass, be filed by the chairman of the board of inspectors, /w;ith the board of elections of the county in which the election district, is situated. See § 377. The ^registers of electors and public copy thereof shall be filed at the close of the canvass of votes, or within twenty-four hours thereafter shall be filed respectively with the board of elections of jthe 'Qounty in which the. election district is located, and in the city of New York with the office located in the borough. of Man- hattan, and with the chief clerk of the branch office, of the board of; elections in each other borough of the city of New York. See § 180. 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 section 378 [G-i the election law. HOW^ TO VOTE. ;.- The voter should enter within the guard rail through the en- ti'ance provided, and forthwith proceed to the inspectors and give his name and residence to the inspectors. If entitled to vote, and his vote is not challenged, or if challenged, and the challenge be decided in his favor, one of the ballot clerks will deliver to him one ofi^cial ballot, or set of official ballots, folded in the proper manner. See § 356. He will then retire alone to one of the voting booths for the purpose of preparing his ballots. The following rules are to be observed in marking ballots (see § 358) : 1. To vote for an entire group of presidential electors of any party by means of a single mark, he shall make a cross X mark in the circle above the party column. 2. To vote for any candidate on any ballot, except for an entire group of presidential electors by means of single mark, he shall Instructions fob Election Officers make a cross X mark in the votina; square at the left of the square candidate'^ n'aime. •>''''ji 3. If a vdtfei" makes a cross X mark in the circle above a party column and' also makes a cross X mark in one or more voting squares at the' left of the names of one or more presidential electors or writes in a name or names, he shall be deemed to haV6 voted for the electors whose names are thus specially indicated dnd also for all the electors on the ticket so marked in the circle, except those whose names are opposite to the names so specially indicated. ' ■>■>•- 4. To vote for any candidate not on the ballot, he shall write the candidate's name on a line left blank in the appropriate place. 5. To vote on any constitutional amendment or questidn' sub- mitted, he shall make a cross X mark in the appropriate voting- square at the left of the question as printed on the ballot. ■ ^ A cross X mark shall consist of any stra:ight line' cros&ing any other straight line, at any angle, within a circle or voting aquai'e. Any niark other than a cross X mark or any erasure Of any ki^nH shall make the whole ballot void ; but no ballot shall be declared void because a cross X mark thereon is irregular in character. i\.ny ballot which is defaced or torn by ihe voter shall be void. If a voter shall do any act extrinsic to the ballot itself, such as inclosing any paper or other article in the folded ballot;' stf6h ballot shall be void. 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 fSr an office to be filled, his vote shall not be counted for such dffice but shall be returned as a blank vote for such office. Where, in the case of a candidate f or goVerhor, the candidate is nominated by two or more political organizations, and the voter makes a cross X mark in two or more voting spaces or squares, his vote for such ■candidate shall be counted, but he shall not be recorded in the -tally sheet "or returns as voting with" any particular party or inde- pendent body. " - If the voter should spoil a ballot or one of a set of ballots he may sueeessi vely. obtain others froin the ballot clerk, not exceed- 298 IWSTEUCTIOITS FOE ELECTION OfFICBES ing in all three sets, upon returning each set of ballots defaced or wrongly marked. See § 358. No voter should be allowed to occupy a voting booth occupied by another, nor to occupy a booth more than five minutes in case all t|;,e., booths are in use and voters are waiting to occupy the same. See § 368. Before leaving the voting booth the voter should fold his 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 fold- i'iig 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 endorsement on the back of the ballot shall be visible, so that the stub can be removed vpithout re- moving 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. See §§ -356, 359. The ballots handed to the voter by the ballot clerks will be prop- erly folded and can be refolded by him in the same manner. Such manner of folding should be carefully observed before unfolding his ballot for the preparation of his vote. See § 356. After preparing his ballots the voter should proceed at once to ihe inspector in charge of the ballot box, deliver his ballots to him and after seeing them deposited, leave the enclosed space. See §359. A voter who declares on oath at the time of registration or if stfbsequently disabled, on the day of election, that for lawful reason's he is unable to mark his ballot without assistance, may receive the assistance of two of. the election officers in marking ii.e sama See § 357. ., All ballots must be marked with a lead pencil having black lead only. See § 358. An elector is not allowed to re-enter the enclosed spa'oe after ij4ving voted. See § 359. .. An elector who does not vote a ballot delivered to him- must return the same to the election officer before leaving 'Ae polling place. Seeg 359. Index Affidavits: page. hotel keepers holding liquor licenses, § 481 2iO Albany: v mayor and recorder, when members of state board of' canvassers, I 441 .......; 230 Aldermen: r.> ' designated for ■ party ■ UDmbiation: on official- primary ballot, § 45, gQ lists of candidates lor, § 131 , 7^ American flag: . . ,1. display- in- polling- piaces,-§- 300=a. .■.-.■.-.-. . . '■- 140i provide* by -whom, § 300--a 14() size of, § 300-a 14^ Application for registration: See Rebisteation. ■ ' ' Apportionment: election expenses, § 318 151 See also Conventions; Elections; Expense. Army: See SoLDiEKS AND Sailoks' Elections. ' ■.';' Assembly: <. (, special election for member, § 292 13Q statement of county canvassers of vote for member, § 437........ 2125 Assembly districts: divided into primary districts,! 74.. ,,4@ See also Election Distehcts. 1 , , , Assessors: statement of result filed vcith, § 377 2(10 Ballot boxes.: . arrangement of, at palling places, § 350 , , 176 ballot, not to be rejected if. found in -wrong, § 85 .*. 56 description of, § 316 ■ 150 ( detached ballot stubs, § 316 .150 at primary elections, § 79 52 examined by inspectors, § 84 - 56 by secretary and tellers, at unoflScial primary elections, § 92 . . 62 general ballots, § 316 ISO guard-rail, to be kept -within, § 351 177 at primary elections, § 83 55 locking and unlocking of, § 350 176 number and kind of, § 316. • • 150 . order of opening, § 366 191 [299] 8^0 Index. Biitat Boxes — Continued: ;•■ .U- ■ ^i^age. 'polling places, supplied for, § 300 i . i ...... ^ . 14ff for primary elections, jts in case of general elections, | 79..:. 52 questions submitted, § 316 .'...'. 150 separate box for each party,. § 79. ....... .V • ■ 52 how marked, § 79 ' - 52 spoiled and mutilated ballots, § 316. 150 town ballots, § 316 ....'.....: 150 town propositions, § 316 150 unvoted ballots, § 79. 52 ftailot clerks: appointment, in towns, § 312 148 for primary election only, where voting machines used^ § 74 . . 47 [~ compensation, § 319 152 '"_ ' general duties, § 354 179 names of persons serving as, to be furnishedj § 309 146 number and qualifications, § 302. 142 pasters, delivered to and affixed by, § 137 79 report in statement of ballots, § 137 . . > 79 primary election, appointed for district using voting machines, § 74 46 return sheets, expense of providing, § 318- 151 vacancies and absences, how supplied, § 313 148 voting machines, not appointed or elected where used, § 418 218 IkiUots: ballot label, term defined, § 420 219 ballot returns, form of blanks for, § 337 ■. 166 boxes for unvoted ballots and detached stubs to be supplied, § 79.. 52 constitutional amendments, form for, § 332 . , 161 county clerks to provide, § 341 171 custodian of primary records, prepared by, § 79 52 death of candidates after printing of ballots, use of pasters, § 137. 79 delivery to voters, § 356 182 to whom, § 79 52 when, § 79 52 where, § 79 , ; . 52 description of, § 331 ■. 155 destroyed, when to be, § 88 .:. . .• : . .< 59 detached ballot stubs, box for, § 316 150 preservation of, § 378 201 disposition of, after canvass, § 88 , 59 distributed by county clerks, § 343. .' 173. errors and omissions in, § 344 ■ 174 folded together, when to be counted, § 367 192 folding of, § 356 182 form of, § 331 158 found in wrong box, how counted, § 367 ; 192 Index, 8©1 Ballots — Continued: -.w?^ PftSR- generally, §§ 330-345 .,\ 4^4-175 instruction cards, expense of providing, § 318,.-. . 151 Intent of voters, determined from markings,,.! 86 , ,-. , 58 rules for canvassing, § 368 , ,j, 193 irregular, disposition of, § 414 '. , , . . . 215 how cast on voting machine, § 408 ; . , 211 term defined, § 420 , ' ", 219 judicial irivestigation of, § 381 .,.,,, 202 manner of voting, § 359 ,...,.... 186 marked for identification, protested, § 370 ,-;,., .(fl96 marking, rules for, § 358 T. . . ,^ ' 184 method of counting,. § 368 ['." 193 New York city, filii^, jn, § 378 ., , , 201 not to be unfolded outside of booth, § 359 , 186 number of, § 79 '...'. 52 ... . , . . . ,^-,,-, .J. official, expense of providing, § 318 , ..■.•.. 151 kept within guard rail, § 351 177 number for each polling place, § 340 ^ ...... . 171 similar in forin and .style, § 331 155 when provided at public expense, § 330 ^ 155 official primary, § 58 ' 39 defined, § 3, subd. 11 ■■■■■■. •,■ 3 pasters affixed to, § 137 .....' ., 79 when to be used, § 137 .•-;-. '^^ -persons not candidates, how indicated on, § 358 '.' 184 preparation of, by voters, § 358 .,..,.. .J. 184 preservation' of, except void or protested, § 374 ' 199 -presidential electors, vote of, how cast, § 454 .' 234 printing on back, § 331 '..".." 155 produced, when to be, § 88 1':':^ 59 proposition submitted, form for, § 332 :..''' 161 protested, filing of, § 376 ."'' 200 preserva/tioB; of, § 374 199 provided by whom, § 341 171 public inspection of, § 342 '. 173 questions submitted, form for, § 332 ; . . 161 intent of voters at primary elections, § 86 58 sample, expense of providing, § 318 151 how printed, § 333 162 spoiled and mutilated, box for, § 316 150 straight ticket, how marked, § 358 184 stubs, description of, § 331 ■ 159 detached, box for, § 316 150 removal of, in view of voters, § 359 186 what to contain, § 331 159 term defined, § 420. ■ • • 219 302 Index. Ballots — Continued : page. town propositions, form for, § 332 161 unofficial, used in lieu of official ballots, § 345 174 voting machines, when to be used in, § 406 210 when to be voted, § 360. 187 unused, in New York city, disposition of, § 201 117 unvoted, delivery and. filing,: § 376 200 verifying number of, § 367 192 void, description, § 86 ' 58 marks on, § 86 58 preservation of, § 374 199 void and protested, filing of,- § 377 200 voting machines, form for, § 397 206 official, number of, § 399 207 party columns; on, § 397 206 sample for, § 398 206 war, how printed, § 503 251 official envelopes for, § 504 252 when delivered, where voting machines are used, § 404 210 wilful defacement of, § 371 197 without official indorsement, how counted, § 367 192 See also Ballot Boxes; Canvass; Instbtjction Cards; Peimaey Ballots; Sample Ballots; Soldiers and Sailobs' Elections; , ,, Voting Machines. ; Banners: American flag, display of, § 300-a 140 not allowed in or near polling place, § 84 56 ppjlanks: furnished for use of election officers, § 334 163 .Board: judicial proceedings because of action or neglect of, § 56 38 See also County Clerks. " Board of canvassers: See Canvassers, County Board of; Canvassers, State Board of; New York City. Boards of elections: abolished in Broome and Oneida counties, § 209-a 109 ballot boxes provided by, § 79 '. 52 ballots and stationery provided by, § 341 171 bi-partisan character of, § 196 114 independent certificates of nomination, filed with, | 127 72 when to be filed, § 128 73 certification of nomination by secretary of state, § 129 73 commissioners of elections, to organize as a board, § 192 112 members of board designated as, § 190 , 109 number of, § 190 209 Index. 303 <.■'.•■ , Boards of elections— Ooratimted; page. custodian of primary records, to act as, § 202 ."' 117 declination of nomination, time of filing with, § 133 '. 76 distance markers provided by, § 79 .....; 52 duties and powers of, § 190 109 election records and appliances transferred to, § 206 118 employees of, § 197 . ; ns enrollment, publication of, § 22 / 22 transcripts to be provided, § 22 . V 22 established, § 190 '. 109 in cities of first class containing one or more counties, § 100 : . 109 expenses of, how paid, § 200 - 116 false registration, investigation of, § 157 90 filling vacancies in board, § 195 114 general ofHce and branches, § 198 115 generally, §§ 190-208 108^120 giiard-rails provided by, § 79 52 lists of candidates sent to town clerks and aldermen by, § 131 . . . . 75 new nominations, certificates iiled with, § 136 '. .' 78 New York city, certificates of nomination filed with, § 127 ....'.'..'! 72 election expenses, § 318 .'{-... 151 nominations, how published, § 130. ':\ '.'': .'. 74 to be custodian of primary elections, § 202. .'. . r. r 117 nominations to be published by, § 130 ....-..-.. 74 number of commissioners, § 190 109 office hours, rules and regulations, § 207 .".""^8 official seal, § 203 '. :7. 117 police aid for, § 199 .'; . 115 political parties, representation among commissioners, § 190 ...;:"." 109 poll-books provided by, § 79 _ .*'. J 52 polling places provided by, § 79 .'."." "52 public record of proceedings to be kept, § 208 j 118 registers and unused ballots, disposition of, § 201 117 registry lists published, §. 157 90 rules and reports, § 192 112 salaries of commissioners, § 193 .j. ..,>., , 1,12 sample ballots provided by, \ 79 52 statements of canvass, tally sheets and poll-books filed with, § 20^. 117 supplies for primary elections provided by, § 79 .,, 52 for general election, § 341 171 voting booths provided by, § 79 52 See also Cities; Counties; Commissioners of Elec^'ions; Custo- dian OP Peimaet Eecoeds; New Yoek City; Nes? Yoek Coui^fl^s;, "Boards of inspectors: ■ • See Inspectobs, 304 Index. Boards ol primary election oflScers: ' ease members of, § 74 46 duties of, how divided, § 74 46 See also Primakies. Booths: arrangement of, upon opening of polls, § 350. 17? description, § 6 6 expense of providing, § 318 151 number and description of, § 317 151 polling places, supplied for, § 300 140 provided and paid for, for primary elections, as in case of general elections, § 79 52 provided for registration, § 6 . . . 6 by custodian of primary records, §6 6 number of, § fi 6 supplies for, § 6 6 ; time of erection, § 6 6 term to_ include ballot machine inclosure, § 412 213 time of occupancy by voter, § 358 184 Boroughs: See Boards op Elections; Cities of 1,000,000 Inhabitants; JNew YOBK City. Bronx county: See New York City. Brooklyn: See New Yoek City. Buifalo: election districts, creation, division and alteration of, § 296 134 places for registry and voting, designation of, § 299 138 See also Ballots; Erie County. Building department: reports to state superintendents of elections, § 483 242 Campaign committees: party rules may provide for, § 35 26 Campaign contributions: detailed statement of, § 546 266 name of contributor, to be under, § 547 267 not made through political committee, statement of,- § 541 264 ■primary purposes, restrictions as to use for, § 562 271 See also Corrupt Practices. Campaign expenditures: detailed statement of, § 546 266 primary elections, made for, § 541 264 vouchers for, § 545 266 See also Corrupt Practices. Index. 305 Campaign expenses: r.\rv„ \ personal expenses defined, § 542 ijog ■secretary of state to file and preserve statements, § 548 267 See also Cokrtjpt Pbactices. Candidates: ballots, how marked, § 358 184 certificate of election to party position, delivered by custodian of primary records, § 89 60 certificate of party nomination, delivered by custodian of primary records to, § 89 60 for party nomination to be made at primaries, § 45 "30 designated by petition, for party nomination to be made at pri- maries, § 46 30 arrangement on official primary ballot, § 58 39 designation, term defined, § 3, subd. 10 , . 3 violation of provisions relative to, a misdemeanor; penalty, §93 63 form for designation for election to party position by petition, § 48. 30 for party nomination by petition, § 48 30 independent nominations, per cent of voters to make, § 122 65 lists posted by town clerks and aldermen, § 131 75 names printed on tally sheet by inspectors of election, § 79. 56 newspapers, support by, § 301 140 designated by petition for party nomination by enrolled voters, § 48 31 party funds restricted in use for primary purposes, § 562 271 party nomination, canvass by custodian of primary records, § 89 . , . 60 canvass by secretary of state, § 89, subd. 2 61 party .position, canvass by custodian of primary records, § 89. .... 60 personal expenses defined, § 542 265 statement of result of canvass may be examined by, § 88 59 support of, by newspapers, § 301 1*0 vouchers for expenditures, § 544 , 266 See also Cebtificates of Nomination; Coebiji'T Pbactices; New YoBK CiTT; Nomination; Pbimabies. Canvass : adjournment or postponement not to be, § 85 56 ballot boxes, order of opening, § 366 1"1 begins at closing of polls, § 366 ■ 1»1^ disposition of ballots after, § 88 : 60 generally, §§ 350-382 175-202 inspectors to make and sign original statement of, § 373 198 method of canvassing, § 368 193 New York city, statements filed in, § 378 201 •police, statement delivered to, § 372 197 •poll-books a;nd registers compared, § 367 .... : 192 3D.6 liSDEX. .Canvass — Continued: page. , , preparation for, § 366 191 , , , primary inspectors to make, § 85 56 primary returns, violation of provisions relative to, a misdemeanor; penalty, § 93 63 pioclamation, of result, § 375 199 at primary election, § 87 58 public view of, § 366 ""'igi room to be lighted, § 366 191 rules for making, § 85 56 soldiers and sailors' vote, duties of inspectors, § 514. . 1-260 how conducted, § 511 ' 257 statements and certified copies to be sealed, § 376 200 transcript of result may be made by watcher, § 88 ,59 void .and protested ballots, preservation of, § 374. 199 when voting machines used, § 413 213 certificate signed by inspectors, § 413 213 written statement on statement of result sheet in duplicate, § 87 ... . 58 See also Ballots; Canvassers, -County Board of; Canvassebs, Ji State Boabd of; Statements; Voting Machines. -Canvassers, boards of: generally, §§ 430-444 -. 220, 223 , See also Canvassers, County Board of; Canvassers, State Board of. Canvassers, county board of: it corrected statenients, mandamus to state board to canvass, § 435 . , 224 proceediirgs of state board upon, § 434 . 223 determination of election by, § 438 227 how made, § 436 227 election district statements, correction of error in, § 432 222 mandamus to correct errors, § 433 222 meetings, when held, § 430 220 order to compel, § 430 220 organization bf, § 430 220 quorum, § 430 ' ■ 220 soldiers and sailors' vote canvassed by, § 515 260 statements of canvass, how made, § 437 ;..'.. 225 production of, § 431 221 sent to governor, secretary of statfe and comptroller, § 439.. .. 228 Canvassers, state board of: certificates of election sent by secretary of state, § 443 232 corrected statements of county boards, mandamus to canvass, § 435. 224 pi-oceedings upon, §§ 434, 436 223,224 dissenting opinion filed with secretary of state, § 442 ' 231 mandamus to correct errors, § 433 1 . . . .'.';. .."..". ^22 meetings, secretary of state to appoint, § 441 ..../. 230 Index. 307 Canvassers, State Board of — Continued: page. organization of, § 441 230 quorum, § 441 ' ;" ' ' 230 soldiers and sailors' vote canvassed by, § 516 261 statement and determination of, § 442 . 231 statements of county boards canvassed by, § 442 231 Cards: secretary of state to provide, § 485 ' . . . . 244 See also State Superintendent of Elections. Cards of instruction: expense of providing, § 318 ... ; ,' 151 See also Stationery ; Supplies. Certificates: boundaries of election districts, § 298 137 designation, filed after printing of ballots, §52 ; 35 election oflScers, appointment, § 307 145 name, title of office, party, emblem, transmitted by secretary of state to custodian of primary records, ^51 35 record of persons challenged, § 364. . .■• 190 vacancy, certificate filed after printing of ballots, § 52 .35 effect of, § 52 , 35 secretary of state, when filed veith, § 52 35 what to contain, § 52 35 Certificates of nomination: , filed with board of elections for certain offices, § 127 72 in duplicate for town offices, § 127 72 with city, village or town clerk, • § 127 72 with secretary of state, for certain offices, § 127 72 fraudulent or forged names, § 123 65 independent, § 122 65 designation of committee, § 123 65 form of, § 123 65 how made, § 123 : 65 time of filing, § 128 73 written objection, filed and heard, § 134 77 omitted emblems, how supplied, § 126 71 places of filing, § 127 • • • 72 public records,. § 1.27 72 record of, open to public inspection, § 127 72 what to contain, § 127 72 special election, time of filing, § 128 73 Vacancy, manner of filing certificate to fill, § 135 78 See also Certificates; Nominations. Qiallenge affidavits: ', disposition of, § 172 , 101 form of, § 168 '■ .:. i. 97 §98 Index. CJi,^lIenge aflSdavits — ComtMwed; ,^ FA^- ^jj investigation into truth of, § 170 lOO gj preparation of, §, 167 ,. ..;..... 96 Qiallengers: » . duties and qualifications' of, § 352 i 177 at primary elections, § 84 , ,- 56 number at polls, § 352 1J;7 permitted at primary elections, § 84 , . 56 Challenges: applicants for registration, § 169 99 comparison of description and answei*^ § 361 187 enrollment book, record in, § 5 6 entry requiring, to be made, § 173 ' 101 form to be used, § 72 .- , 45 inspectors to challenge doubtful persons, § 361 187 oath to b6 administered, § 363 189 official primary elections, § 72 45 preliminary oath, § 362 , 188 procedure at official primary election, § 71 45 questions, § 363 : .'. .' \... 188 re'eord' of persons challenged, § 364 .'.• 190 ■ ■ where filed, § 377 20.0 voter subject to, §71 4^ when offered; § 361 .. » ' .'. . . ; . 187 See also Challenge Affidavits; Elections; Inseectoes; Oath. (Change of residence: See Eneollment; RffiCHSTRATiON; Residence. ' ' Cities: Albany; mayor and recorder, when meinVers of stat^' board of can- vassers, § 441 . .• :. "23& ballots and stationery,- distribution of, § 343 173 board of primary election officers, duties, § 74 46 number of officers, § 74 46 certifying changes in register, § 179. . .' 104 certifying number of registered electors, § 181 105 divided' into primary districts, § 74 46 election districts, creation, division and alteration- of,"§ 296 134 maps and certiflca-tes of boundaries of, § 298-. 137 • redistrieting of, § 419 \ 218 elfictixm expense; a'pportionment of, § 318 . ; ;......... .-. 151 when- held on general election day, § 318- ISl when not held on general election day, § 318. ; . . . . .;..-.. 151 election officers, appointment of, § 303 ...'..*. 143 party lists to be authenticated, § 304. ; 143 municipal offices, .first class cities, immber of signatures required '- on . certificate, . § 122........ „ .:.....'■; 65 new eleotioB.distriot,. certified. copy of register for, g^ 183;. ..-.:. ... 107 Index. 300 (Sties — Continued : ' p'itiE. registration, how conducted, § 158. 92 other than general elections, § 160 ". . . . .'; ' 93 registration and polling places, publication of list, § 301 '.-.".'''''140 voting machines, adoption of, § 393 '...:....'. 205 See also Enrollment; Primaries; Eegistration. Uties of first class: '' board of elections established, § 190 T 109 certifying changes in register, § 179 '..... 104 election officers, compensation of, § 319 '. ....'... .'f. ... . 152 removal and filling of vacancies, § 308 '..'.'..... 145 enrollment, publication of, § 22 ''.'. . . . i 22 oflBcial ballots, number to be supplied, § 340: . . . . 171 registers, custody and filing of , § 178 ?..... 104 See also Boards of Elections; New York City; Primaries; tlEGis- TRATION. "^ City clerks: ballots and stationery delivered to, § 343 173 certificate of nomination filed with, § 127 ~. . . ' 72 declination of nomination, time of filing with, § 133 .' 76 duplicate statement of result of canvass filed with, § 87 i". ' 58 City Record: boundaries of election districts published in, § 301 140 canvass by election districts published in, § 439 228 registration and polling places published in, § 301 140 Columns : arrangement of register, § 155 85 See also Ballots; Register; Voting Machines. ^pmmissioners of elections: appointment, term and qualifications of, § 191 , HI bi-partisan character of board, § 196..... 114 employees, § 197 115 expenses of board, how paid, § 200 , 116 general office and branches, § 198 115 organization of board, § 192 :■■••- 1^1^ recommendation for appointment, § 194 113 salaries, § 193 •■;••• H^ vacancies in board, how filled, § 195 114 See also Boards of Elections ; Custodian of Primary Records. . Committees: designation of, on independent certificates of nomination, | 123- .. 65 new county erected, committees for, § 55 37 new party, existing committees continued, § 55. 37 notified, when declination filed, § 50 34 party committees, § 35 26 term defined,. § 3, subd. 13. 3 See also Party Commititees. 310 Index. Common council: tAGRi .nn/. places for registry and- voting,, designation of, § 299 138 ' ■-■ See also Citibs. Comptroller: statements of canvass sent tOj §■ 439 228 Concurrent resolutions: publication of , | 295 ., 133 See also OoiirsTiTUTiONAi. Amendmbuts ; Newspapers; Secbetakt OE State. Congress: president of senate, messenger- from presidential electors to, § 455.. 234 repr6sentatiyea.kf,o©rti#0atBS"of election of, §■ 443. 232 resignation, w-heie- filed, § 450- 233 special election for, § 292 130 statement of county -eanvassei-Sj %■ 437 225 when cliosen, § 450 233 Congressional distiicts: delegates to national conventions, when and how chosen from, § 53. 36 ,, . presidential electors nominated by, § 54 37 (Jpnstitutional .amendments: proposed, form of ballot for, § 332 161 notice of submission of, § 294 131 .publication of, § 295 133 See also Ballot Boxes; Newspapers; Questions Submitted; Seo- RETAEY OP State. \ Contempt: penalty for, in contempt proceedings, § 559 270 See also Corrupt Practices; Courts. Contempt proceedings: See Courts. Conventions: national, method of choosing delegates to be decided by rules, § 53 . . 36 Correction of enrollment: anethod of niaking, § 24 . 24 Corrupt practices: accounting to treasurer or candidate, § 544 266 . act relative to, §§' 540-562.. 263-271 campaign contributions, not made through committee, statement of, §541 264 made under true name of contributor, § 547 . . . ; 267 default in filing statement; appeals, § 556 269 contempt proceedings, § 550 267 hearing, conduct of, § 559 270 judgment and penalty, § 560 270 maintained by whom, § 551 268 preference over other causes, § S5S 269 subpoenas, § 557 269 Index. 34 1 Corrupt practices — Continued : ,,,.._ ■?■ default in filing statement — Continued: page. summary, pioceeamgs to he, § 554 j 260 time within which proceedings must be brought, § 553 ..;..:.. 268 r", undertaking for costs, § 552 268 witnesses, personal privilege of, § 558 t 270 ;: election law, application of article 20 limited, g 561 .i 271 personal expenses defined, § 542 , 265 political committees, defined, § 540 ■ 264 statements filed with secretary of state, § 548 267 I secretary of state, forms for statements provided by, § 549 ... i, . . , . . 267 ^ treasurer of political committee, powers and duties of, § 543 265 vouchers for campaign expenditures, § 545 ' 266 Counters: • canvass, when voting machines are used, § 413 214 See also Voting Machines. Counties: boards of canvassers, organization of, § 430 220 ^ boards of elections established, § 190 . . 10^ expense of election, when not held on general election day, § 318. i':' /' I'Sl* new, committees for, how constituted, § 55 '?. 37 questions submitted, statement of county canvassers,' § 437 225 < See also Boards of Elections; Canvassers, County Board of; Primaries; Registration. County board of canvassers: See Canvassers, County Board of. County committee: members of, elected at primary elections, § 37 27 number of members, § 37 '27 party committee, to be, § 35 26 party rules and regulations to govern, § 37 27 rules for government of party and conduct of official primaries to be prepared by, § 40 28 See also Committees. County oflScers: : independent nomination, number of signatures required on certifi- cate, § 122 ■■ 65 record of election filed with seereta,ry of state, § 444 232 statement of county canvassers, § 437 225 Courts: ballot boxes opened upon order of, 5 374 199 ballots, order for correction of, § 344 174 conflict in names or emblems, order as to, § 125 70 corrected statements of coiunty boards of canvassers, canvass of, §435 224 gl2 Index. ^ourts — Continued: vaHv:. county board of canvassers, meeting and organization of, § 430.... 220 ,,, default in filing statements of political committees; appeals, § 550. . 269 . , contempt proceedings, § 550 270 hearing, conduct of, § 559 270 judgment and penalty, § 560 270 maintained by whom, § 551 268 preference over other causes, § 555 269 subpoenas, § 557 269 summary, proceedings to be, § 554 269 tiipe within which proceedings must be brought, § 553 268 undertaking for costs, § 552 268 witnesses, personal privilpge of, § 558 270 enrollment reviewed by; conduct of, § 23 22 when person not in sympathy with party, § 24 . . . '. 24 errors in statements of canvass, mandamus to correct, § 433 222 investigation of ballots, § 381' 202 ' ' objections to certificates of nominations, determination of, § 131 . 77 f •" order adding and erasing names on register, § 153 83 S*^ soldiers and sailors' elections, order for reeanvass, § 520 262 - United States, northern district, lists forwarded from presidential ' electors to judge of court, § 456 235 Cross mark: description, § 82 55 intent of electors at primary elections, § 86 58 what constitutes, § 358 184 See also Ballots. Custodian : See VoTiKG Machines. Custodian of primary recoras: assigns polling places to parties, § 74 46 blanks for election officers, § 334 163 board of elections to act as, § 202 Ij7 canvassing statements of result, method, § 89 60 of designation filed with, after printing of ballots, § 52 ; . 35 of election to party position delivered to candidate by, § S3. 60 of party nomination delivered to candidate by, § SO .-..■. 60 of vacancy filed with, after printing of ballot, § 52 .... ; 35 Lcrtified copy of enrollment book, delivered to chairman of each ■ ■ party by, § 1-6 ... ig prepared for each party, § 16 18 correction of enrollment, method of, § 14-a 13 declination of designation transmitted to, by secretary of state, § SO ' .....'....:.. v.. . 34 Index. 313 Custodian of primary records — Continued: page. . designations filed with, § 49, subd. 1 SZ stamped or indorsed by, §. 49, subd. 2 '. . . ]",''' 3t to be public records, § 49, subd. 1 '....'.'' 33 duplicate declaration, attached to enrollment book by, § 14 . . .".' .... 12 election notices sent to, § 293 131 enrollment blanks, prepared and distributed by, §7 7 to be public records, § 15 IG enrollment books, delivered by, §4 5 enrollment books and records, delivered to, after last day of regis- tration, § 12 ■. '.1 11 length of time to be kept on file, § 88 ' 59 enrollment boxes, delivered to, § 14 ! 12 in the custody of, § 11 J 10 locked and. sealed, vrhen to be opened by, § 14 12 opened by, § 11.. ; 10 provided by, § 6 .-. 6 enrollment envelopes prepared and distributed by, § 7 . . .. . . j . . ... . 7 to be opened by, § 14 ......> 12 fees, Vifhen salaried officer, § 21 •< 21 judicial proceedings, how caused by, § 56 i.v 38 judicial review of enrollment, service of notice, § 23. . . .■ . .T 22 name or emblem, duty when conflict arises, § 125 70 notices published or posted by, § 205 118 officer or board acting as, § 3, subd. 7 . '^ official primary elections, notice prepared and published by, § 75 . . 48 original enrollment books, delivered to election inspectors for official .primary elections, § 18 18 palters, when furnished by, § 52 35 preparation of ballots by, § 79 •' . 52 provides facilities for keeping public records and making Copies of same, § 49, subd. 1 • 33 records showing nomination of party candidate equivalent to cer- tificate of nomination, § 121 64 rules and regulations for party government filed with, § 40 28 sample ballots provided by, § 79 ■ ■ 52 secretary of state to transmit certificate of name, title of office, party and emblem to, § 51 35 statement, of result canvassed by, § 89 60 of result of canvass filed with, § 87 58 of time, place and object of conventions, deUver.ed to, § 75 ; ; . . 48 of votes cast for certain candidates filed with secretary of state bv, § 89 ^° • of votes cast for certain officers, time of filing with secretary of ■ state, § 89 : ^0 6 supplies for voting booth provided by, § 6. 314 Index. Custbdian of primary records — Continued: page. tally sheets and blank statements of result prepared and furnished ;'^: by, § 79 52 time of filing notice of conventions with, § 75 48 transcript from enrollment books, certified by, § 21 21 voting booths provided by, § 6 ^ Vizards ot assembly districts in city or village of 5,000 or more di- vided into primary districts by, § 74 4° See also' 'Ballots; Booths; Enbollment; Peimaeies; Supplies. Death of candidate: See Candidates. Declaration: duplicate, attached to original enrollment book, § 14 12 vphere personal registration not required, § 13 12 where personal registration required, § 12 11 what to contain, where personal registration required, § 12 11 whfete personal registration not required, § 13 12 See also Statements. Declination of nomination: candidate's name not to appear on official primary ballot, § 50.. 34 filed in writing, § 50 34 when filed with secretary of state, § 50 34 See also Candidates; Nomination; Vacancies. Definitions: committee, § 3, subd. 13 12 custodian of primary records, § 3, subd. 7 3 designation, § 3, subd. 10 3 fall primary, § 3, subd. 4 2 general election, § 3, subd. 1 2 independent bodj', § 3, subd. 14 '3 independent candidate, § 3, subd. 18 4 independent nomination, § 3, subd. IG 4 independent nominee, § 3, subd. 18 4 nomination, § 3, subd. 9 4 official primary, § 3, subd. 2 3 official primary ballot, § 3, subd. 11 2 ofiicial primary election, § 3, subd. 2 3 party, § 3, subd. 8 2 party candidate, § 3, subd. 17 3 party nomination, § 3, subd. 15 3 party nominee, § 3, subd. 17 4 party position, § 3, subd. 12 3 primary day, § 3, subd. 3 2 spring primary, § 3, subd. 5 2 unit of representation, § 3, subd. 6 3 unofficial primary, § 3, subd. 2 2 unofficial primary elections, § 3, subd. 2 2 Index. 315 JJesignation: p^^^ certificate of, when filed after ballots printed, § 52 , 35 copies of, made by custodian of primary records, § 49, subd. 1 . ^ . . 33 declination of, filed in writing, § 50 ......!.., 34 filed with certain oflScers, § 50 ...... 34 transmitted by secretary of state, § 50 34 filed with custodian of primary records, § 49, subd. 1 . . . .■ , 33 manner of filing by party committee, § 49, subd. 1 33 stamped or indorsed by secretary of state or custodian of primary records when filed, § 49, subd. 2 -. 34 term defined, § 3, subd. 10 [[ 3 time and place for filing by party committee, § 49 33 violation of provisions relative to, a misdemeanor; penalty, § 93.. 63 See also Candidates; Nomination; Petition. Determinations: county clerks to transmit to secretary of state, § 439 , .„< . 228 See also Canvassers, County Board of; Canvassers, State Board or. Direct nominations: , See Candidates; Conventiows; Nomination; Primaries. Disability: See Voters. Disqualification : See Vacancies. Distance markers: expense of providing, § 318 '. 151 paid for by whom, § 79 ■ ■ . 52 provided by whom, § 79 52 supplied to each polling place, § 333 162 See also Stationery; Supplies. Election day: Tuesday succeeding first Monday in November, § 3, subd. 1 2 See also Elections; Fall Primary; Special Elections; Spring Primary. Election districts: abolition, consolidation or change, in towns, § 297 136 ballots and sample ballots for, § 79 .'. 52 boundaries to be published, § 301 ' . . • 140 creation, division and alteration of, § 296 134 custody of registers after election, § 180 . 104 enrollment books, to be prepared for, § 4 5 maps and certificates of boundaries, § 298 ...... 137 new, certified copy of register for, § 183 107 number in primary district, § 74 46 number of voters in, § 419 .' 218 poll-book for each, § 78. 49 310 Index. Elision districts — Continued : PASP. o t i redistricting of, § 419 i .• . • • 218 tM residence changed within, § 165.- ...-..;;...■.. ....... 96 ftiC statement of canvass, correction of, § 432 , 222 '■ supplies and furniture, expense of providing, § 318 • 15] See also Boards of Elections; Cities j.^Pbimakies; Eegisteation. Election expenses: apport{6nment, § 318 151 See also Booths; Elections; Pbimaeies; Stationery. Election inspectors: See Inspectors. Election 'law: article 15, saving clause relative to voting machines, § 421 219 article 20, application of article limited, § 561 ; . . . . 271 enrollment, certain articles applicable to method of, § 2 2 nomination, certain articles applicable to, § 2 2 [-^ party committee, certain articles applicable to method of electing members, § 2 2 to organization and conduct of , § 2 2 party conventions, certain articles applicable to election of delegates and alternates to, § 2 2 ^ , , to organization and conduct, §2 ■ . . 2 preparation and delivery of, § 320 153 schedule of laws repealed, § 570 272 secretary of state to prepare and distribute, § 320 155 soldiers and sailors' elections, provisions applicable to, § 521 262 vo'ting machines, application of certain articles to, § 417 217 when to take effect, § 571 272 Election notices: transmitted to custodian of primary records, § 293 131 Election officers: appointment of, by mayor, § 303 143 blank forms for, § 334 : 164 canvass by, when voting machines are used, § 413 213 certificate of appointment, § 307 145 of service, to be furnished, § 309 146 compensation of, § 319 152 designation of, § 302 152 disabled or illiterate voters, how assisted, § 357 183 failure to take oath, penalty for, § 310 146 fees of, § 319 152 instructions for guidance of 279 lists and supplemental lists, § 303 143 number and qualifications of, § 302 142 oath of office, § 307 ; ; . ; 145 oiBcials for election district within primary district, § 70, subd. 1 . 45 Lndex. 817 Election officers — Gontinued: p*of. party list to-be .authenticated, § 304 , . . . 143 -party, selection of,. in New Xork city, § 300 ., . , 144 payment, of, §»309 ; , ; 146 poUv opening of, § 350 ' ;a . . i . 176 qualifications-, examination as to, § 305 . .■ h 144 removal of, § 308'. ' .p, . .., ,. 145 failure to deliver register and other documents, penalty, for, § 310 i /- 146 transfer of, § 308 , 145 vacancies, filling of, § 308 ,, 145 vacancies and absences, how supplied, § 313 148 voting machines, custodians of machines to instruct, § 401 . .'. 209 instructing voters in use of, § 411 213 keys delivered to, | 407 '. . ' 210 disposition of, § 415 ". ." 216 preparation of, at polls, § 407 210 when deemed public officers, § 476 238 See also Baliot Clerks; Election Districts; Inspectoes: Toll Clerks; Primary Inspectors; Primary Officers; Soldiers And S-iaLORS' Elections. ^ ' Electioneering : ., not permitted at or near polls, § 352 , . . . 177 at primary elections, § 84 56 Elections: , ,_ ballot boxes, number and kind, § 316 '. . 150 ballot clerks, general duties of, § 354 179 canvass, when voting machines are used, § 413 ' '. 213 challengers, number at polls, § 352 177 qualifications of, § 352 r . 177 challenges, § 361 .-. 187 county clerks to publish notice of, § 293 ....-.■ 131 date of, § 290 ■: . . 129 destruction of books, records and papers relating to, § 382 i-. . 202 documents, delivery and -filing of, § 377 200 employees, time allowed for voting, § 305 190 expense of polling places and supplies, § 318 151 general, notice transmitted to county clerks, § 293 131 generally., §§ 290-320 129-154 conduct of, §§ 350-381. 176-202 inspectors, general duties of, § 353 s-, . . 178 instructions for ■-■■ ^79 manner of voting, § 359 1S6 papers relating to, delivery and filing of, § 377 200 place hired for, statement of time used, § 309 146 political banner, poster or placard not allowed in polling place, 8 352 ...:..... ■ 1''^ 318 ISTDEX. Eljections — Continued : ■ page. poll clerks, general duties of, § 355 179 , polling places, equipment of, § 300 140 guard-rails and voting booths, § 317 151 polls, opening of, § 350- 176 time of opening and closing, § 291 129 proposed constitutional amendment, notice of submission of, § 294 . . 131 qualifications of election officers, § 305 144 records, filing of, in Erie county, § 380 201 in New York city, § 378 201 result, proclamation of, § 375 199 returns, form of blanks for, § 338 169 soldie;rs and sailors', §§ 500-522 249-263 conduct of, § 510 256 stationery and supplies to be provided, § 333 162 unofficial ballots, when to be used, § 360 187 voting machines, experimental use of, § 394 205 preparation of, § 400 207 ' watchers, appointment and duties of, § 352 177 , " See also Ballots; Boards of Euections; Canvass; Challenges; Election Distbicts; Election Officers; Notices; Oath; Polls; Primaries; Soldiers and Sailors' Elections; Special Elections; State Superintendent op Elections; Votins Machines. Elections, state superintendent of: See State Superintendent op Elections. Electoral college: meeting and organization of, § 452 234 See also Presidential Electors. Electors: See Voters. Electors of president and vice-president: See Presidential Electors. Emblems : arrangement on enrollment blanks, § 7 , 7 conflict in names or, § 125 . . . '. 70 enrollment blanks for independent body becoming a new political party, § 15 16 new, not to be chosen when vacancy filled, § 135 78 official primary ballot, arrangement on, § 58 39 omitted, how supplied, § 126 71 selection of, § 124 .69 what may not be used, § 124 ; 69 See also Ballots; Conventions; Nomination; Voting Machines. Employees : voting, time allowed for, § 365 190 Index. 3 19 Enrolment: ^ ,.„ . PAtflfc certificate of, to be given to voter, § 21 21 certification and secrecy of, § 12 r' • ■ 1 1 where personal registration not required, § 13 '.'. 12 certified transcript to be evidence of enrollment, § 21 ' "f 21 completion of, § 14 j„ ■ correction, when person not in sympathy with party, § 24 '. . . " ■ 24 when wrong party inadvertently designated, § 14-a .'; . ;"''' 13 . declaration, what to contain, § 14 '_ _ jg ^^ election law, certain articles applicable to method of, § 2 2 ^5^ enrollment books, to be public records, § 21 *. . . 21 •*_;.. sealing and disposition, § 13 12 H . ;^ failure to enroll, not to affect right to register for election, § 21 . . 21 ^ fees for transcript of, § 21 f. ; 21 „ independent body becoming a new political party, § 15 .'....' 16 enrollment blanks, description of, § 15 .' . . . 16 statement to be made, § 15 j. . . ' 16 ■, investigation of, § 25 26 judicial review in case of death, false entry, removal, etc., § 23. . .'. 22 certification of correction by custodian of primary records, § 23. 22 correction when person not in sympathy with party, § 24. ..... 24 entry corrected after, § 23 . . . . 22 entry stricken out after, § 23 22 new political party, § 15 16 manner of, § 15 16 party affiliation, when not to be changed, § 19 ' 18 , primary election, voter not to cast ballot of party he is not en-'-*-'' rolled with, § 80 54 process of, § 10 10 publication of, when new party formed, § 22 ;'!'■ 22 right of voter to enroll at primaries, § 19 . . 18 special upon becoming of , age, § 14-b 14 special enrollment after moving, § 19-a 19 time of completion, § 14 12 transcript, certified and delivered to chairman of party, § 16 ...» 18 to be published, § 22 . . ■■ 22 when to be made, § 21 ; 21 " -" violation of provisions relative to, a misdemeanor; penalty, § 03 . 63 when voter not deemed enrolled, § 14 12 '■ See also Gustoman op Pkimaby Recobds; Inspectoks ; Pbimabies'- ■ Eegisteation. ■ i- MiiroIIment blanks: ■ ■''-'■' additional copy furnished to voter, § 15 .■; 16 furnished to others at fixed price, § 15 16 delivery of, where personal registration required, §8 8 ■ ■ where' personal' registration not required,- § 9 , 9 "^'^ deposited in enrollment box, § 10. 10 320 Index, Etitollment blanks — Contmued: tUGE. dfJsciMption of, § 7 i , . . . ^ 7 distributed in enrollment envelopes, § 7 - , 7 enrollment number to correspond with number on envelope, § 7 .... . 7 false or misleading statement, § 184 108 filed for one year from first Tuesday in June, § 15 ; 16 filled out by voters who are registered but not enrolled, § 15 16 how Aiarked, § 10 10 inspectors to fill out, § 8 8 \yhere personal registration not required, §9 hew political party, blanks public records, § 15 16 description of, § 15 16 emblems appearing 'on, § 15 IC number of, § 7 7 number of sets given to voter, § 8 8 where personal registration not required, § 9 9 number on second set to be entered, § 8 8 where personal registration not required, § 9 9 party emblems, arrangement on, § 7 ; 7 prepared and distributed by custodian of primary records, § 7. ... 7 printed matter on face of, § 7 7 public records, § 21 21 time to be kept on file, § 21 21 voter's name to be entered by inspectors, § 8 8 where personal registration not required, §9 9 Enrolltnent books: cettified copy, to be made by custodian of primary records, § 16 ... . 18 to be used at unofficial primary, § 17 18 custodian of primary records to prepare, § 4 .■) declarations to be attached, § 12 11 delivered to inspectors, § 4 5 to town clerks, | 4 , 5 description of, § 5 5 by columns, § 5 5 enrollment number entered in, § 8 8 Where personal registration not required, §9 9 ehtries made, by . inspectors, § 10 10 for personal registration, § 8 8 When voter declines to enroll, § 10 10 where personal registration not required, § 9 '. . . . 9 fees for transcript from, § 21 21 foriti of transcript, § 16 18 kept on file by custodian of primary records, § 88 59 new or amended books for changed districts, § 20 20 number, § .4 , . . .5 paid for, § 73 46 party designated by voter on enrollment blank entered in, § 14... 12 poll'books compared with, § 78 49 Index. 321 Enrollment books — Continued : pj^ob^ public reoordSj § 21 21 registration, how cared for after, § 12 Jl how cared for during,. § 12 U sealing and disposition of, § 12 11 where personal registration not required, § 13 12 ? time of delivery, § 4 '5 " of preparation, § 4 6 ■ ,1'. tra,n8cript, certain entries to be omitted, § 22 .'. 22 manner of publishing, § 22 22 not to be made from, § 12 .' 1} where personal registration not required, § 13 12 when to be published, § 22 ,. 23 use of original at official primary, § 18 18 when to take effect, § 18 18 Enrollment boxes: custodian of primary records to have custody of, § 11 .. . .• 10 to open, § 14 .:;... 12 delivered to custodian of primary records, § 14 ....... i .. ^ 12 description of, § 6 '. . . . , ' 5 examined and sealed by inspectors, .§ 11 10 number of, § 6 5 opened by custodian of primary records, § 11 .... .■ I9 provided by custodian of primary records, § 6 i- 5 time of delivery to custodian of primary records, § 14 12 of opening, § 14 12 Enrollment envelopes: custodian of primary records to open, § 14 12 description of, § 7 t enrollment blanks . to be distributed in,, g 7 7 enrollment number to correspond with number on blank, § 7 7 inspectors to make entries on, § 8 8 where personal registration not required, § 9 9 number of, § 7 • 7 number of sets given to voter, § 8 8 where personal registration not required, §9 9 prepared and distributee! by custodian of primary records, § 7 ... . 7 printed matter on, § 7 7 time of opening, § 14 ..... ; 12 when to be removed from the enrollment box, § 14 12 See also Eneollment Blanks. Enrollment lists: correction of; afSdavit, form of, § 14-a 13 filed with custodian, of primary records, § 14-'a 13 error in designating affiliation, § 14-a 13 filed with custodian of primary records, § 14-a 13 produotion of old lists, § 14-a. '^ 13 11 3<22 Index. Enrollment numbers: EAaE. corresponding on blanks and envelopes, §7 7 entered in enrpllnaent and registration books, § 8 8 [ . where personal registration not required, §,9 9 lErie county: ' ' board of canvassers, organization of, §. 430 220 ■ determinations, how made, § 438 227 transmission of, § 439 228 ^' election record's, filing of, § 380 201 See also Boards of Elections; CotnsriY Cleeks. Examination: qualifications of election officers, § 305 144 f See also Challenges. Expense: apportionment of, § 318 151 when voting machines are used, §, 318 151 Fall primary: recard. in enrollment book, §: 5 5 seventh Tuesday before election day, §. 3^ subd. 4 2 See also Election. Day ; Peimabies. Fees: election officers and others, § 319 152 transtript from enrollment, § 21 . . ; 21 Felony: absent voters, false information relative to, § 501 249 aid to state superintendent or deputies, hindering or delaying, ' § 470 238 application for registration altered, mutilated or destroyed, § 1S4 . 108 ballot, wilful defacement of, § 371 197 list of residents of hotels and lodging-houses, false statement as to, § 484 242 mutilation of public copy of registration, § 184 108 of signed challenge affidavits, § 184 108 person convicted of, when prohibited, from voting, § 175 102 state superintendent or deputies, false statement to, §' 478 239 refusal to assist, § 476 238 unlawful use of pasters, § 137 79 voting machines, interferenee with, § 417 217 Fines: See Penalties. Fire department : '■?' reports- to state superintendent of elections, § 483 242 Flag: American, displayed in each polling place, § 300-a .' 140 Index, 32^ ^'»^- PAGE. challenge, § 72 45 designation of candidates by petition for election to party position, § 48 30 for party nomination, ■§ 48 - . . , 30 inspectors, blanks for, § 334 103 for primary elections, § 79 52 Fraud: new primary or conventitm ordered because of, -I 56 38 Fraudulent or forged names: See Cektificates of Nomination. Furniture: polling places, expense of providing, § 318 151 General committee: , •■ statement of conventions certified -and delivered to custodian of primary records by chairman of , I 75 48 See also Oommittees. General election: records and appliances, custody of, § 206 . . 118 Tuesday succeeding first Monday in November, § 3, subd. 1 2 See also Election Day; Elections. German language: daily newspaper for publication of registration and polling places, § 301 • 14t) Governor: party vote for, § 3, subd. 8 , 3 proclamation of special election made by, § 292 130 soldiers and sailors' elections, documents forwarded . to, § 511 257 state superintendent of elections to report to, § 488 , 247 statements of canvass sent to, § 439 228 Guard-rail: ballot boxes kept within, § 83 55 candidate may be within during canvass, § 83 55 expense of providing, .§ 318 •. 151 at primary elections, § 79 52 persons admitted within, § 351 177 at primary elections, § 83 55 polling places arranged within, § 317 151 provided for polling places, § 300 140 at primary elections, § 79 " S2 state superintendent of elections and deputies admitted within,' § 479 ■■■ 239 voted ballots kept withrn, § 63 55 verting machine located within, § 409 212 Health department: reports to state superintendent of elections, 5 483 242 ,324 Index. •Holiday: ■ - ' J'Age- "J ' registration ' day not to be deemea, § 166..............:....' 96 Hotels: ' ' "'' aiSdavit, when liquor licenses are held, § 481 .....¥..... 240 lists of residents to be furnished, § 484 .' 242 register to be kept by, § 480 239 reports to state superintendent of elections, § 480 ■......;... 239 Identification statements: questions, § 155 ■ ■ ■ 85 See also Eegisteation. Illiteracy: See Voters. Independent body: defined, § 3, subd. 14 3 enrollment for new political party, § 15 16 time for making such enrollment, § 15 16 independent candidate or nominee selected by, § 3, ^ubd. 18 4 polling less than 10,000 votes at last election for governor, § 3, subd. 14 3 iSee also Petition. , Independent candidate: term defined, § 3, subd. 18 4 See also Cakdidates. Independent nomination: certificate of, § 122 ; 65 time of filing, § 128 . . . : 73 county officers, number of signatures required on certificate, § 122 . 65 declination of, time of filing, § 133 76 defined, § 3, subd. 16 4 how made, § 122 '. 65 borough or county office, number of signatures required en certifi- cate, § 122 65 number of voters required for, § 122 65 per cent of votes necessary for, § 122 , 65 state offices, number of signatures required on certificate, § 122 . . 65 term defined, § 3, subd. 16 4 See also Nomination; Petition. Independent nominee: term defined, § 3, subd. 18 4 See also Candidates; Nomination. Inspectors : appointment of, in towns, § 311 146 ballot boxes examined by, § 84 56 ballots and stationery, distribution of, § 343 173 public inspection of, § 342 173 blank forms for, § 334 163 Index. ■ s'rl325 Inspectors — Continued: ,J~ibASE. blank tally sheets and statements pf result furnished; by, custodian of primary records, § 79 , ,j 52 boards, determination of majority to decide, § 314 149 meetings to be public, § 315 , 150 organization of, § '314 149 canvass, soldiei-s and sailors' vote, § 514 260 when voting machines are used, § 413 ^ , 213 card lists of registered voters to be made, § 485 ,,.....' 244 certificate to appear on statement of result sheet, § 79 ........... . 52 certificates of service, chairman of board to furnish, § 309 ..... .,,.„ 146 certification of register, § 176 . . 102 challenge affidavits, declaration as to, § 168 97 disposition of, § 172 .' .'f 101 challenges, duty in relation to, § 361 .' 187 entry requiring, to be made, § 173. . . 101 changed election districts, appointment for, § 297 136 compensation of, § 319 . 153 custody aiid filing of registers in cities of the first class, § 178.. .. 104 declaration as to registration, § 12 11 duplicate declarations attached to original enrollment books, § 12. . 11 duty to challenge doubtful persons, § 361 ......' 187 enrollment blanks to be filled out by, §8 8 where personal . registration not required, § 9 ' 9 enrollment books and records, care of, § 12 S . .-.'' 11 enrollment books, duplicate declarations attached to, § 13. ...... . 12 entries in, made by, § 10 10 transcript not to be made by, § 13 12 when to be delivered to, § 4 5 fenrollment boxes, examined and sealed by, § 11 10 delivered to custodian of primary records, § 14 ;.!... 12 enrollment envelopes to be filled out by, § 8 8 where personal registration not required, §9 9 enrollment number entered by, § 8 8 where personal registration not required, § 9 ; . . . 9 general duties, § 353 178 instructions for guidance of '■ ■ • - 279 judicial proceedings because of action or neglect of, § 56 38 f 186 manner of voting, § 359 meetings for registration held by, § 150 ; . . . . 81 method of counting ballots, § 368 ■. . . . 193 name and address of voter registering personally entered by,, § 8.-.. . 8 where personal registration not requiredj § 9.................. 9 names placed on register by, § 159 . .. .,,^. . . 93 number and qualifications of, § 302 w . . . ; , 142 original enrollment books delivered to, for official primary elections, § 18 • 18 328' IHTD^EX. Ingpectora — Contimied : va^. original statement of canvass to "be made and signeS ~bj, § 373 . . . . 198 ' certilied copies of, § 373 '. 198 papers and records relating to election, delivery and filing of, § 377. , 200 "' pasters delivered to,' § 137 , 79 ■■' received and receipted "for bj, § 52 • • 35 polls, arrangement of, § 350 176 equipment of , 1 300 140 preliminary oatli when chullenging, § 3C2 188 preservation df order by, § 315 . . 150 ' previous registers and poll-books delivered to, § ■1'83 107 procednre, when second enrollment hlank given to voter, § 8 ... . 8 where personal registration not required, '| 9 •+ 1 public canvass by, § 366 . 191 receipts to be given by, § 343 . ." 173 record of persons challenged, § 364 190 register, custody of, § 177 103 ; 2 registration, duties at close of each day, § 12 11 "'■- outside of cities anl villages of 5^000 inlialiitants, § 150 93 '•i return sheets, expense of providing, § 318. 151 statement of pasters used by, | S2 35 :r2 statements of canvass delivered to pcJlice, § 372 198 delivered to, to be sealed, ■§ 376 ._ 200 transcript not to be made from enrollment books,'! 12 11 unOfBcial ballots, when to be used, § 345 174 ' vacancies, filled at soldiers and sailors' elections, ? 519 262 vacancies and absences, how supplied, § 313. . _. . . . 148 • -" voting matfhihes, counters examined by, § 407 210 - instructions concerning, § 401 209 See also Canvass; <3HAi.MH?reES ; EnECTioN Bistbicts ; Electtoit Officers; Primaries; Pkimaky Ln'specto'rs ; Eegisteation ; SoiiDmats -AND Sailoes' Elections; Vorims Machines. Institution: residence of person in, % 1«3 95 Instruction cards: expense of providing, § 318 151 :2 supplied for each polling plaioej § 333 162 See also Stattoneby ; Stipplbbs. Instructions for election officers: general powers and duties 279 Instructions to voters: 'SI printed on stub of oflScial primary ballot, i| 58 39 '«! special for year 1914, § ie2-a 106 Intent of voter* : at primflry elections, § 86 58 Irregular ballots: . •■ See Ballots; 'Voting Machines. Index. 3:S^: Jewish language: -tii^B. daily newspaper for publication., olregiatratipu an4- polling, places,: ( § 301 140 Judicial review: action of custodian of primary records or secretary of state, § 50 ^.f,,, 38 action or neglect of certain officers, §, 56 . . . , 38 method of procedure, | 56 '. ; ,; 38 new convention ordered by, §,56 38 new primary ordered by, § 56 38 secretary o£ state certifies to change caused by, § 56 .a 38 time of, f 56 ^ , ,, 38 See also CbuKTS, ..i; Jury duty: election officers exempt from, § 309 .,, . 146 Kings county: See Boards of Elections; New Yokk City. Landlords: > lists of residents, to be furnished by, § 484 • 242 reports by, § 480 , 239 filing of, § 482 241 Lien: penalty for failure to furnish correct list of residents, § 484 ..;.:./ 242 Liquor: not to be sold at places of registry and voting, § 299 138 Liquor licenses: hotel' keepers holding, affidavits flirnished by, § 481 240 Liquor traffic: chrrf of police and heads of departments, reports by, § 483 242 forfeiture of license, J 481 240 See also Hotels; Landlobds. Lists: candidates, sent to and posted by town clerks and aldermen, §, 131 . 75 registry, preparation and distribution of, § 157 ,.-':,«90 Lodging-houses: ' lists of residents to be furnished, § 484 -,7;§42 register to be kept by, § 4S0 .,239 reports to state superintendent of elections, § 480 239 See also Hotels; Landlords^. Manhattan: ' See New York Citt. Maps: i%7 botmdaries of deetion districts, § 298 - 137 posting of, § 298 - 137 Marked ballots: See Ballots. Meetings for registration: ^^5°' See Kegistbation. S^t IXDEX. Militia: PAGif; ■ See Soldiers and Sailobs' ELECTioifS. Misdemeanor: '' aifldavit of hotel keeper when liquor license is held, failure to make, .-% 481 ;.;......-...;....; : :: • ... 240 conventions, violation of provisions relative to, § 53 63 designation of candidates, violation df provisions relative to, § 93 . 63 enrollment, violation of provisions relative to, § 93 63 false certificate, making of, § 309. ......'. ;■ 146 false or misleading statement oh enrollment blanks, § 184 108 information, neglect or refusal to furnish, § '475;. ... '. . 237 : list of residents of hotels and lodging-houses, failure to furnish, :^r484 242 party organization, violation of provisions relative to, § 93 63 primary elections, violations of provisions relative to conduct of, § 93 63 reports as to inmates by keepers of lodging-houses and hotels, viola- tion of provisions, § 480 239 subpoenas issued by state superintendent of elections, refusal to obey, § 477 238 Monroe county: appointment, removal and examination of inspeetoi-s of election, poll clerks and ballot clerks, § 212 122 appointment, qualifications and removal of commissioner, § 211.... 121 apportionment of expenses, § 219 126 commissioner of elections for Monroe county, § 210. 121 custody of records, § 214 124 employees, § 215 124 notices, § 216 , . . 124 tiling papers; general powers and duties of commissioner, § 217.. .. 124 ofiice for commissioner, § 213 124 polling places, election districts, et cetera, § 221 126 publication of notices, § 220 '. 126 purchase of supplies, including voting machines; expenses of com- missioner, § 218 125 voting machines, § 222 .' 127 Names : '' added and erased on register, § 153 83 confl^ict in emblems or, § 125 70 - ' See also Emblems ; Pasty Names. National conventions: delegates chosen in manner prescribed by rules and regulations, § 53.. 36 ^ See also ; Conventions; Delegates. Naturalization : papers to be produced, § 174 101 IJ'avy: . See Soldiers and Sailors' Elections. Index. U^WiYork city: , !«**: ballots and stationery, how supplied, § 341 . , ....■.;. r-iii 171 board of elections established, § 190 , . ^igattQM . appointment and qualifications of, § 191. ,1> .!.•, Ill certified copy of statement of county canvassers delivered to, . § 439 , , , , 228 expenses incurred by, § 318 .;,.„..() 151 how paid, § 200 , 116 general office and branches, § 198 .,,} 115 staten>ents and determinations filed with, § 440 , 'iJ 229 canvassers, board of, organization and duties of, § 440 -': 229 ■ statements and determinations by, § 440 ....;.. .-. . .„ I 229 certificates of nomination filed with boards of elections of city, and county^. § 127. . .• • -,,.:.. 72 commissioners of elections, § 191 .-. .... . , 111 recommendations for appointment of, § 194 .-. . : . ..«,M.i^ 113 county boards of canvassers, organization of; § 430 • .'.i'. . 220 custody of registers after election, § 180 •.;■ 104 election districts, creation, division and alteration of, § 290 .... 134 election expense chargeable to, §, 318 :< Iffl election officers, board of elections to appoint, § 303 143 compensation of, § 319 152 party lists to be autheiiticated, § 304 :' 143 party selection of, § 306 '. . .:,'' 144 filing of election records in, § 378 V .' ."' 201 newspapers, what to contain, § 301 .' 140 selection of, § 301 140 places for registry and voting, designation of, § 299 .' ^ 138 registers and unused ballots, disposition of, § 201 . "^ ' 117 registration and polling places, publication of list, § 301 .'.^' 140 vacancies in board of elections, how filled, § 195 . ;■,■_'' 114 voting machines, adoption of, § 393. -^^^ 205 See also Boabds of Elections; Custodian' of PpiMARY Kecpbd^; Eegisteation; State Superintendent of Elections. , o" New York county: j.^ifn > certificates of nomination filed with board of elections, § 127 .;.f,n 72 statement of canvass, when not to include certain offices, § 437„_. subd. 3 • • ■, .:. 225 ISee also Boaeds of Elections; Counties. .vl-I'i-,"! Newspapers: designated by secretary of state to publish official notices, § 295 . . . . ' 133 evening edition, when lists to be published, § 301 .-. T. . . llo - New York city, publication of lists, § 301 ; '- 140 nominations, designated to publish list of, § 130 ' '74 printed in foreign language, § 301.... .... .;.;....;•.>..'...... ' 140 99^ feDEX. KfeSsrspapers — Continued : paoe. ' registra-fcion and polling places, -publi^tion of lists and 'boimdaTi^s' of, § 301 '. 140 selection of, how made, § 301 140 ^ support of candidates hf, % 301 140 See also City Record ; Concurrent Hesolutions ; Constitutional ■ Amendments ; Notices ; Publication ; Hesisitbation. Nomination: certificate to fill Tacanoy in, how filed, § 135 78 what to contain, i 135 ...., 78 certiiication of, hy secretajry of mtsdie, § 129 73 I county clerks or hoards to fiJie IJste with secretary 80-. ■•■• o* colox o.f officiaL primary ballot, designated by seaMtttj ol state, ' § 58. - ^^ sepaisatai for eaBhi party, §i! 58 ■ • ^9 332-''" Index l?aityt-* Continued: " ' p^ieB. 'ebmmittee defined, § 3, subd. 13. . . . .■. . .';...... .>. . '. .vv''. ..'. ■'■'■ ■'■ ■ ■' 3 convention defined, § 3, subd. 13 '..'■;...: .\ ...■".'..'■.;.' A 3 custodian of primary records to prepare ballots, § 79 ■.;':'.!".. - 52 election officers, selection of,' § 306 .". : .' 144: enrollment, correction of error in afiiliation, § 14-a.. .*. . . 13 entered in enrollment book, § 14. ■ 4 . . . 12 funds not to be used for primary purposes, § 562 ..■.:..... 271 new, existing committees continued, § 55 37 manner of enrollment for, § 15 16 publication of enrollment of, § 22 22 organization casting at least 10,000 votes for governor, § 3, subd. 8. 3 poll-book for each, for primary election, § 78 .' 49 polling places assigned to, by custodian of primary records, § 74 . . . 46 party candidate or nominee selected by, § 3, subd. 17 4 person not in sympathy with, correction of enrollment, § 24 24 presidential electors nominated by state committee, § 54 37 rules and regulations to govern election of delegates to national , convention, § 53 36 violation of provisions relative to organization a misdemeanor; . penalty, § 93 63 See also Ballots; Committees; Conventions; Nomination. Party, candidate: term defined, § 3, subd. 17 4 ^ee also Candidates. Party committees: additional, provided for by party rules and regulations, § 35 26 to fill vacancies appointed by, § 52 35 election of members may be reviewed- by summary proceedings be- ,fore supreme court, § 41 29 election law, certain articles applicable to method of electing mem- bers, § 2 , 2 to organization and conduct of, f 2 2 file certificates of oflBcers with secretary of state and board of p, elections within three days after organizing, § 40 28 judicial proceedings, because of action or neglect of, § 56 38 manner of filing designations by, § 49, subd. 2 33 necessary subcommittees appointed by, § 39 28 organize and elect officers within ten days after election,, § 40 ... . 28 powers of present, § 55 37 removal of member, § 42 29 may be reviewed in a summary proceeding before supreme , ^ court, § 41 29 rides for government of party and conduct of official primaries to , te pi-epared by, § 40 ..'...;...... 29 slate, § 36 .' 26 subcommittees and executive and campaign committees, § 39.... 28 Index. ■ 333eC!: Pa-rty,,(^mmittees — Continued: PAGaif»,''i time of filing designation by petition, § 49, sub(i.>2. hwSS See also Candidates; Committees. Party conventions: election. law, certain articles applicable to election of delegates and ;.. alternates, § 2 . , . . . . ... , . , .• , ._ , ,^ to organization and conduct of, § 2 ' ■ '•'2 See also Conventjons. ■. > , " :' , ■, Party emblems: See Emblems. Party funds: used for obtain primary purposes only, § 562 274 Party government: ac; rules and' reflations, filed witli custodian of primary records, § 40: 2S how amended, § 40 •. _ / g§ Party lists: •- "'; authentication of, § 304 .' ; ; 'fi^ Party nominee: '•'■'"• term defined, § 3, subd. 17 ' 4 Party organization.: article 3 , 26 Party position: - -J5ir^ designated by petition, § 46 '30 certificate of election to, delivered to candidate by custodian of primary records, § 89 ' 60 designation for, violation of provisions relative to, a misdemeanor ; ■ penalty, § 93 '6^^ ■ ' election to, canvass by custodian of primary records, § 89 60 canvass by secretary of state, § 89 60 form for designation of candidates by petition, § 48 , '30 membership in party committee, § 3, subd. 12 " :a nominations and elections for, made at primary elections; excep- ■ tions, § 45 . . ...'.' .' m number of candidates designated by petition by enrolled voters, § 48 ....."........., 30 number of enrolled voters to sign petition, § 48 30 Party ticket: name of person declining designation not to be printed on, § 50 ... . 34 See also Ballots; Candidates. Pasters: „ affixed to ballot, § 52 3^' certified to, § 52. 35 by officer or board furnishing, § 137 . . . , . 79^ custodian of primary records, when furnished by, § 52 35 des'scription of, § 137 '. 79 ' ' primary electiona,^ § 52 3^ 3-34 Index. P^iSters — Continuea,. -?4?*' .-.' number, § 137 ..,.-....■ 79 f . for primary elections, § 52,. 35 receipted for by inspectors of elections, § 52 • . . 35 , used, at soldiers and sailors' elections, § 510 256 in case of death of candidate, § 137 79 other than official, a felony; § 137 79 Payments to political committees: See Campaign Conteibtttions. Penal law: application of, § 417 217 ' soldiers and sailors' elections, provisions to apply to, § 518 262 S%nalties: '■' application for registration altered, destroyed or mutilated, | 184 . . 1(J8 ' election officer, failure to take oath, § 310 146 • failure to deliver register and other documents, § 310 146 ' false or misleading enrollment blank, § 184 108 felony, mutilation of public copy of registration deemed, § 184. . . . 108 mutilation of signed challenge affidavit, § 184 108 perjury, when applicant for registration deemed guilty of, § 184 .... 108 violation of provisions of certain articles, § 93 ■. 83 See also Felony; MisuEMEAisroB ; .Pebjuby. perjury: false oath before board ai inspectorsj § 184 108 , See also Oath; Penalties. Personal expenses: term defined, § 542 ; 265 r , See also Campaign Expenses. Petition: (■•, Bound together for same candidate and same office, § 48 30 for party nomination . to be made at primaries designated by, ; § 45 30 ■ • number of voters required for, § 48 30 t -,;.,.;; pAbe. q,bseiit voters, secretary of- state to prepare for, §-502. . . . . . . . r.'^. ; i 251 boards of elections, filed with, § 204 -. ' ; •'■■'• 117 compared with enrollment book, ,§ 78 49 delivered to inspectors, § 183 • ■'• ■ • • • • 107 description, § 78 • • •■■ 49 entries, how madfe, § 78 '. 49 if ballot returned, § 78 49 if voter assisted, § 78 - 49 if voter challenged, § 78 49 number on stub of ballot, § 78 49 expense of providing, § 318 ,. 151 filing and delivery of, § 377 200 form of, § 355 179 paid for by whom, § ,79 ; 52 poll clerk to have, § 78 52 provided by whom, § 79 52 registers compared with, § ■ 367 ; : 192 supplied to each polling place, § 333 162 See also Soldiers and Sailobs' Elections; Stationebt; SttpplieS. Poll clerks: appointed in towns, § 312 148 compensation of, § 319 , , 152 general duties of, § 355 179 method of counting ballots, § 369 195 names of persons serving as, to be furnished, § 309 ... ^ .... , 146 number and qualifications of, § 302 ■. 142 vacancies and absences, how supplied, § 313 148 See also Election Officers; Primary Poil Clebks. Polling places: American flag to be displayed, § 300-a 140- attendance and duties at, § 479. ..•.....-. 239 designated and provided by certain ofHeers, § 74 46 provided by whom, § 79 52 electioneering not allowed in or near, § 84 56 equipment of, § 300 140 evening newspapers publish list of, § 301 140 expenses of providing, § 318 151 guard-rails within, § 317 151 instruction cards, expense of providing, § 318 ........;.-. 151 newspapers selected to publish list of, § 301 140 number, in primary district, § 74 • 46 . for unofficial primary election, § 92 i 62 official ballots, number to be supplied for, § 340 171 paid for by whom, § 79 .;.... 52 political banners, posters and placards not allowed in or near, § 84. 56 Index. 337 Polling places — Continued : p^^g^ pubUcation of list, § 301... , j^g same as for preoedmg general election whenever possible, § 74 46 i stationery and supplies for, § 333 jgg voting booths in, § 317 ... , 151 voting machines transferred to, § 400 207 See also Ballot Boxes; Ballots; Elections; Voting Machines Polls: ballot clerks, general- dutiesof, § 354.-. I79 ballots delivered to voters, § 356 182 challengers, number of, § 352 177 electioneering not permitted at or near, § 352 177 furniture for, expense of providing, § 318 151 guard-rail, when voting machines are used, § 409 212 inspectors, general duties of, § 353 178 opening, § 350 176 opening and closing, time of, § 291 129 political banner, poster or placard not allowed in, § 352 177 poll clerks, general duties of, § 355 179 proclamation of opening of, § 350 176 soldiers and sailors' elections, opening of, § 508 254 organization of, § 509 255 where to be opened, § 507 254 state superintendent of elections, attendance at, § 479 239 voting machines, location of, § 409 212 preparation of, § 407 210 watchers, how appointed, § 352 177 See also Canvass; Elections; Voting Machines. Posters: not allowed in or near polling place, § 84 56 President of United States: electors for, how chosen, § 54 37 See . also Presidential Electors. Presidential electors: ballot for, on voting machines, § 392 204 certified to secretary of state, § 54 37 compensation of, § 457 235 elected at large, § 54 37 electoral college, meeting and organization of, § 452 234 generally, §§ 451-457 233-235 how and when chosen, § 451 233 irregular ballot for, how cast on voting machine, § 408 211 lists, how forwarded, § 456 : 235 messenger, appointment of, § 455 234 nominated by state • committee, § 54 - 37 one for each congressional district, § 54 37 two at large, § 54 37 328 Index. Pfesiaential electors — Continued: ' pabe. secretaxy of state "to •furnish lists of, i 458. .... .....'. 234 statemBnt of county canvassers, § 437 '. . . • 225 vote of, how cart, § 454 234 See also Ei;ectobal 'Coeeege. Primaries: ballots ndt supiflied or supjAy -exhaustefl ; unofficial, § SI .... ; 55 campaign payments not made through political committee, § 541 . . 264 certifiieate of designation, "time for -traaismilrtrng, § OT ...... , 35 challeiigeTS, § 84 56 conduct of, violation of provisions relaiive -to, -a misdemeanor; penalty, § 93 63 committees elected at, § 37 27 deputy superintendent of elec(tions, a'ttendanoe restricted, § 489 . 247 election to party committee, § 3, Bubd. 2 2 electioneering at, § 84 56 enrollment when new party formed, § 15 16 expenses of, by whom paid, § T3 46 how raised when amount not provided, § 73 46 to be included in tax, | 73 46 fall, time off holding, § 3, subd. 4 2 new, ordered by judicial review, § 56 38 nomination of party candidates, § 3, siibd. 2 2 nc(tice of, matter contained in, § 75 48 ■prepared ■and published by custodian tjf primary records, § -75. 48 time of publishing, '§75 48 where published, § 75 48 official, challenges at, .| 72 45 primary ballots provided for, § 58 39 term defined, § '3, subd. "Z 2 use of original enrollment books at, J J.8 1*8 party funds not to Tie used for pirppoaes tff, f '562 271 party nomination for candidates for public -ciffiee, "to he made 'by, § 45 .....;. m personal expenses -deiiiied, ^ 'S'Sa 265 place of, Te^'ictitms a^ "to, '§ 76 48 pdlitical committee flefiiiefl, 1 =540 264 powers rff state wtperintendent ■of CtedtiTOra esttenSed ^io, § 4^9 .... 247 -giidli'flcations of vtiters at, § 71 ' 45 record in enrollment bo6k, "§ 5 6 records anB appHaniees, custody vof,"^ "266 118 restriCfitms as to fia:C6 ^, '% "76 48 right to enroTl anS vtfte, § 1^ 18 spring, -time of holding, § "S, sriM. "5 2 time for 'holding, % 70, stflbt. 5 45 in presiderftM year, '§ 76, subd. 5 45 open for ' vctt'ing, ^ 7t), suM. "3 45 Index. 339 Primaries — Continued: , PAoh, unoffloiali certified copy of. enrollment baok. to be used a/t, § 17 18 chairman, administers oath, § 92'. , 62 decides! questions, § 92 62 rejects votes, § 92 62 expenses, how to be paid, § 92 62 notice calling attention to, posted, § 92 ._ 62 how given, § 92 , 62 number of polling- places, § 92 .* 62 officers of, § 92 ... 62 place to be held, § 92 '..,....], 62 restrictions as to place of hoidingj § 92 62 rules and regulations of party to govern, § 92 62 secretary and tellers to examine ballot boxes, § 92 . . u 62 secretary to announce vote and result of canvass, §: 92. ., 62 ; term defined, § 3, subd. 2 ..... . . . ! ' 2 voter must be enrolled, to take part in, § 17 18 watchers appointed for, § 92 ... 62 TinofEcial ballots, when to be used, § 81 '.'.'..'. 55 voter not to east ballot of party he is not enrolled witli, §80 54 watchers, § 84 ., - 56 See also Candidates; Committees; CtrsTODiAN of Pkimaby Eec- OBDS; Election Qffigebs; Eebiss'iks.tion. Primary ballots: additional, how obtained,. § 82 , 55 announcement of party name, § 80 54 canvass made by primary inspectors, § 85 ! . . . 56 certificate of party nomination entitles candidate to place on, § .89. . 60 color, separate for each party, §,58 39 designated by secretary of state, § 58 '. . .'.*. . . 39 columns, arrangement of, § 58 39 delivery, § 80 ..."...'.':.... 54 voter to have ballot of party enrolled with, § 80 '...'....• 54 description, § 58 ,, . . . . ' 39 destroyed, when ta be,, § 88 , 59 emblem, arrangement on, §,58 , 39 entry in poH-booik, at delivery of, ^78 ..'.'... 49 erasure or mark other than cross mark, § 58 .!....". 39 folding, § 80 ■■■■'■■ ■ 54 found in wrong ballot box, not to be rejected, § 85 . . 56 inspectors to determine validity of ballots and conformity to law^ § 85 r r ;•••■■ • 56 instructions relative to, § 58 • 39 for straight ticket,, § 82 55 with pencil having Mack lead, § 82 55 name of eandidater mot to appear more than once, § 58 39 of person declining designation not to be printed on, § 50 34 340, , Index-.. - ~' "• Primary ballots — Continued: , t. iir/Si^-***?'-;' names, words, signs- or writing, not to appear, exrceB*,- § 5§...,,,,.. ..3.9- no other to be used, except, § 58 • • r- • • ; A%i number compared with that in enroUmest book, §»§§«.....,. f^. . ■ ,d,,56 on stub compared with that in poll-booky § 78. .„■■ • ■ • '49/ numbers to be consecutive, §.58 ., ,. ,.......- 39^ pasters aiHxed to, § 52 .... .- •, • ,■ 35; p'repai'ation of, by voter, § 82. 55f prepared; printed, supplied for official primary elections; § 68 39< ^protested as marked for identificartioir,- § 85 56- vote ■ to be counted, § 85 56i: protested' and void, how filed, § 85 . ; . . . t ;-..-..... . .". . . . ; .". ". 56' statement filed, § 85 56 (juantity. Weight and style of printing, § 58.". . -. .: 39 rules for marking, § 58. ... . ..'. ........' : 39 separated "from stub by peffora-tion, § 58'. 39 stub, description of, § 58' ~. ; 39 indorsement on ' back of, § 58 ■ : 39 supply exhausted, unofficial ballots provided, § 81., .^ 55" not provided, use of unofficial, §-81 55 titles of offices and party positions, location of, § 58 39 name of candidate, how printed, § 58 39 unlawful defacement or wrongful marking of, § 82. ....... ". .•."... . . 55" void, no vote counted on, § 58 39 reason for rejection written on back, § 85 56 void and protested, how filed, § 85 56 voted ballots kept within guard-rail, § 83 55 voting, manner of, § 80 54 voting spaces, where to appear, § 58 39 unofficial, form of, § 81 55 when to be Used; § 81 ; ; '........ 55 See also Ballots; Custodian of Peimart Recobds; iNfiMjCToas;^ Voting Machines. Primary days: fall, seventh Tuesday before election, § 3, subd. 4. . : ' 2 official primary to be held on, § 3, subd. 3 . ; .- '. . ' 2 spring, first Tuesday in April in preaidsBikkl- year, ,§ 3, subd. 5.. 2 Primary districts: ' board of primary election officers for certain, § 74. ; ; 46- description, § 74 4^. election officials to be officers- f-ar, -f 70; subd. 1 ;■ 45.. number of election districts in, § 74. ..;;....;;.;;;..... ■ 46 time of division into, § 74 ................... ; 46* two polling places in each, § 74 4fif voting machines, appointment of ballot clerks, how made, § 74..v 46= ward or assembly districts in city or village of 5,000- divided into,- • ' § 74 , i.^v... ...;..... V...: I.. 46 IndMx. 84rl Primiary election inspectors: j . w. - d^^! ni.^ u,,ii'!; Primary inspectors: ,.j«^ :\.-' . j"%f- t'n ai)point ballot clerks for certain districts, § 74 ..'.'...' '46 ballots, protested by, § 85 '. ?'" 56 marked as protested, § 85 S6 void, marked by, § 85 ,. . , 5^ when destroyed, § 85 .........,.,, i^. 56 canvass made by, § 85 , ,. 56 public oral proclamation of result made by, § 87 ,„, 58 written statement in duplicate on statement of result sheet,. ., . § 87 ',.-.. d cihairman of board to unfold ballots, § 85 , .,,.,^ 56 qualifications of voters decided by, § 71 ,. , ^ .4;5 questions of validity, of ballots and conformity to law decided byj . ;) § 85 .....' ....*..;...,,... .. P6 statement of result of canvass filed with custodian, of primary,. records and clerk of city, town or village, § 87. . ., ..,,,. 58 See also Ballots; Inspectors; Primaries. .„ ,. Primary officers: , '• j < .. constitutional oath of office taken by, § 70, subd. 2 ....,..,, 45 duties of, § 70, subd. 4 ' ••,..,•.., 45 election officials to be, § 70, subd. 1 , , ,•,• • • • 4^ paid as for general elections, § 73 ■ -o 46 as for services on registration day, § 70, subd. 4 , . ^5 removal of, how made, § 77 ■ 48 vacancies, how filled, § 77 iin; 48 See also Election Officers. ,.,, \.^ ;_,• Primary poll clerks: ->■ "■ •' compare number on stub of ballot with that in poll-book, § 78...,,/ 49 compare poll-books with enrollment books, § 78.-. .49 entries made in poll-book by, § 78 ■■ ...... 49 if ballot returned, § 78 j- • 49 iv if voter assisted,, § 78 • "•' • 49 of number on stub of ballot, § 78 49 when voter challenged, § 78 • 49 poll-book for list of enrolled voters, § 78 *49 ' See also Election Officers; Poll Clerks. iKi- ' "' constitutional amendments and other propositions, § 294 ... i-prt-: . Vfrnr expense of, how apportioned, § 318 .,...;■ See also Newspapers; Secretary of State. 'y .^ Prisons ,_. , j,,, sesidence of person in, § 163 • • • ^clai election, made by the governor, § Proclamation:. _^«.,-.__^j ,„ ,;,„ _.»..„.. 8 292 : 130 ,3;i2 Index. Proposed constitutional amendments: , baqe. See CoNCUEBENT Resolutions ; Cojsstitutionai, Amendmenis,-. , Propositions submitted : / form of ballot for, § 332. 161 notice of, how transmitted, § 294. . . . . ... ; 131 publication of, § 295 , 133 '. See also Newspapers; Feinting; SECEETAfiy of State. Protested ballots: See Ballots; Pbimary Ballots. Public institution: residence of person in, § 163 93 Public officer: judicial proceedings because of action or neglect of, § 56 38 See also Courts. Publication: seeretary' of state, designation of newspapfers by; § 295 133 See also Enrollment; Newspapers; Notices; Pbinting; Kegis- TEATION ; SeCEETAET OF STATE. Queens county: See Boards of Elections; Counties; New Yoek City; State SUPEEINTENDBNT OF ElECTIOJNS. Questions submitted: ballot boxes for, § 316 150, ballots marked for, § 358 184 form of ballot for, § 332 , 161 notice of, how transmitted, § 294 131 statement of coxmty canvassers, § 437 , 225 term defined, § 420 ; 219 war ballots for, secretary of state to supply, | 504 252 See also Newspapees; Seceetaey of State. Receipts: inspectors- of e-lection to give, § 343 173 Recount: when voting maehio'eB' are used, % 416; 216 writ of mandia»mTia requiring, §> 381 202 See< also Coubts ; JuBieiM. Bevieiw. Register: aJjsent voters, piT^HiTed. by secreta)ry of state, | Sffl 249 adding and erasing names> f 153 83 application, when made, § 153 8B arrangement: of eotaanaisi, §»• 1'55 85 card. list. of registeied voters, to bef liaep*, §i!48)Sri 244 certification of, § 176.. 102 certified copy for new election district, § 183 Iffl? ' changes in, cejitifying, , § 1.T9 ^.^.. 104 custody and filing of, § 178 ■. IW after election,. §,1804 104 iNDICTf. 343 Register — Continued: pase disposition rf, in New York city, •§ 201 117 filing of, •§ 377 200 form of, <§ 155 85 lodgiag'bouae and hotel beepers to keep, ■§ 490 239 poU-boc^-s eoracpared -with, § 367 192 previous, tielivered to inspectWs, § 1*3 107 puMic copy of regi'stration, §§ 155, 177 , .-SS, icis qHadrnplicote, to 'be made tiy inspeetDrs, § 1S4 85 secretary of state to furnish blank books for, § 1-62 105 sigjmture eopy, •% 155 85 See also Registbation Book. Registration: absent voters, secretary fff state to prepare Hat -of, § 501 249 adding and erasii^ names on register, *§ 153 83 application for, destroyed, altered <» nratilated, a felony, § 184. , . , 108 blaJik-books furnisheii by secretary of state, § 1'82 105 card lists of registered electars to be kept, § 486 244 certificates and instouctiojis furnislMd by secretary af state, '§ 182. . . ' 105 certification of register, •§ 176 102 certifying cbanges in roisters, § 178 104 challenge affidavits, form of, ■% 168 97 to be imwesta^Blted, % 170 100 to be prepared by secretary of state, i§ H67 90 challenging applicants, § 169 ^9 change of residence within election distriBt, jg .1165 96 cities, how conducted in, ■§ 1S6 ^ 92 days not to be deemed holidays, § 166 - 96 elsewhere than in cities and villages of 5,000 inhabitant^ .§ .151) S3 exclusion from right of suffrage, § 175 102 false, investigation of, § 157 ; ^^ form and arrangement of, § 155 , 85 generally, §§ 150-184 ■8t--iO-8 ideotifl'eattiiim statements, | 155 85 illiterate and dTsaMed -voters, <§ 1«4 95 inspectors, duties at close of each day, § 12 11 previous m^ilisters lamd poll-books delivered to, § 1*3 , 107 to make entry requiring challenges, § 173 ■ •.■ • ^'^^ list of places for, how ".jpuhlisJjied, § 301 • • ' 1^^ meetings for, § 150 I additional, i 151 , conduct dt, § 1S2 in villages, § 150 ; ^^ number to be held, § 150 ■■■ naturalizatwrn papeDS to be prffldmoad, .§ 174 ^^^^ k' newapapers. .publica-tion by, I 301 ■:•.--•: 7 other than general elections, § 160 344 Index, IJSgi^tration — Continued: tPAcjj. , personal, enrollment of voters, § 8 f 8 certification and secrecy of, § 12 .••.•.•■ 11 delivery of enrollment blanks, § 8 • • 8 personal, not required, enrollment of voters, § 9 . . 9 certification and secrecy of, § 13. • 12 delivery of enrollment blanks, § 9 9 places for, designation of, § 299 ,. 138 ' '' publication of list, § 301 140 ^ statement of time used, § 309 146 ■' public copy of, § 177 ■■ 103 mutilation deemed felony, § 184 108 qualification of voters, § 162 r • 95 registered voters, certifying number of, § 181 105 registers and instructions furnished by secretary of state, § 182 . . 105 registry lists, preparation and distribution of, § 157 . ., 90 residence, gaining or losing, § 163 95 town elections, § 161 94 village elections, § 161 94 villages, how conducted in, § 158 93 ■'■ voting booths provided for, § 6 . 6 watchers at meetings, § 152 ' 82 See also Challenges; Custodian of Pbimart Recobds; Enboll- -i^ MENT; InSPECTGESI; REGISTEE. Registration book: enrollment number entered in, § 8 8 where personal registration not required, § 9 ....... 7 .; 9 See also Inspectors; Registeb. Registration days: meetings, when held, § 150 81 See also Registeation, Registry lists: form of, § 157 90 preparation and distribution of, § 157 90 Removal: election officers, § 308 , 145 Reports: ... lodging-house and hotel keepers to make, § 480. ..... . : 239 filing of, § 482 ' ..." 241 See also Boabds op Elections; State Supeeintendent of Elec- * TIONS, Residence: ' change of, within election district, § 165 ', 96 declaration of intention as to, § 480 2?? gained or lost, § 163 , 95 Inde±, 345 ResMt: paW. proclamation of, § 375. : *.'. 199 when voting machines are used, § 413 •. . . . 213 Return sheets: expense of providing, § 318. J.' 151 See also Stationery; Supplies. Returns: , ballot, form of blanks for, § 337 .'!'. .,! ' . . 166 '.' filing of, § 377 .....'.... 200 ''" form of blanks for, § 338 169 original statement, wha-^ to contain, § 373 198 recanvass of, when voting machines are used, § 416 , 216 soldiers and sailors' elections, not to be rejected, § 512 258 when not to be canvassed, § 517 '• 261 Review: See Courts; Judiciai. Review; Eecount. I Richmond county: I See Boards of Ei.ections; Counties; New York City. Rules: intent of electors at primary elections, § 86 58 party, when ani where filed, § 40 28 Rules and regulations: filed with custodian of primary records of committee chosen by en- rolled voters, § 40 • 28 govern election of delegates to national convention, § 53 36 how amended, § 40 ^^ in force until amended or new rules adopted, § 40 28 prepared by party committees, § 40 28 Sailors: See Soldiers and Sailors' Elections. Sample ballots: ^ color and general description of, § 79 52 expense of providing, § 318 furnished to any voter on application, § 79 52 number to be provided, § 79 ;.• ■ provided by custodians of primary records, § 79 52 provided and paid for as in case of general elections, § 79 52 stubs not to be numbered, § 79 '• See also Ballots. (School: '*'•' ' ' ■ 95 residence of person in, § 163 School director: „. party nomination for, how made, § 45. Seal: ii7 "\ >- boards of elections to adopt, § 203 •■■• 346 LsDEX. Secretary of state: ^^<^ absent voters, register to be prepared by, § 501 249 blank books, certiiScates and ins-tructiona. fot registratioa furnished. by, § 182 105 campaign statements filed and preserved by, §: 54&. 267 canvass of statement of votes cast, § 8& 60 cards for list of registered voters to be furnished by, § 485 244 of election sent by, § 443 2S2 of new nomination, time of filing, § 13S 78 of nomination filed' with, § 127 72 time of filing with, § 128 73 of vacancy, when filed with, § 52 35 certified statements of result of election of each party prepared by, § 89 60 certification blanks furnished by, § IST 105 certification of nominations to board of elections bj', § 129 73 time of making, § 129 73 what to contain, § 129 73 preparation of, I 167 96 change caused by judicial review certified by, § 56 38 color of oflacial primary badlota di^gn^EtedL by, §; 5& 38 disposition of envelopes, and. ballots,. §^ 5L3i 259 concurrent resolutions, publication of, § 295 133 county officers, record, of election filed, § 444 232 custodian of primary records, certificate of naiae, title of office, party and emblem transmitted to, § 51 35 declination of nomination, time of filing notifijcartion, with, J 133.. 76 designations filed, stamped or- imdorsedi by,. §, 4S;. suibd., 2 34 declination, when filed with, § 50 34 election laws, preparation and delivery of, § 320 153 election notices transmitted by, § 293 131 forms for statements of political committees provided by, § 540 .... 267 general election, notice transmitted to county cleiks, §, 2fl3 131 special instructions to be furnished by foK year 1914, §,, 182.-a 106 judicial review, actions aiibjiect tOi § 56. ^.. 38 missing emblems to be supplied by, § 12fi 71 new nomination caused by dea-tli of candidate, notification, of,, § 137 79 how certified to proper officers, § 13d 78 nominations, county clerks to file with, § 506 253i notifies custodian of primary records of districts affected of declina- tion of candidates, § 50 34 official war ballots, poll-books and envelopes, delivered to whoni, § 505 253 party committees to file certificate of officers within three days after organizing, § 40 28 presidential electors, certified to, § 54 37 list furnished by, § 453 234 Inb'ex. 347 Secretary of Stite~ Continued: page proposed conatitutknial amendment, -ncrtice of silbmisBion 'Ctf , §294.. 131 publication of, § 295 ; 133 "'' propositione -Bubmitted, «otioe of siabmission, ^ '294 131 publication of, % 295 133 questions, notiioe oi rBubmisBion, § 294 131 registers and imstriHetmns AtrmiBhed by, § 182 ! . . . 105 report 'of voitdaag mnaeMme (OominaiiesiaitterB fiilea h, i§ "391 204 soldiers and sailors' ^eleotions, .act to lie published by, § 522 263 doeuments forvKarded to, § 511 257 statement of votes cast for ceTtain oandidates filed .by custodian of primary records, § 89, saM. 1„ 60 time of filing with, § 89, subd. 1 60 statements of canivass, copies oWjainad from governor and comp- troller, § 439 228 :' of county canvassers sent to, (§ '484 ■ 223 of political committees filed with, § 548 267 supplies for soldiers and sailors' elections furnished by, § 522'. 263 "■ treasurer of political committee, statement relative to,.? 543...... 265 war ballots to be supplied T)y, 1 '503 , ; 251 ■ See also Cawvasseks, CouirTY 'Boaiod of; Can-vassebs, State ■Board xxf; 'SaLBXEES and ' SAitoBs" 'Exectidns. Senator: special election for, § 292 130 United -States, -aTticle 13 232 Sheriffs : challenge affidavits investagated Tby, '§ ITO 100 f sheriffs and deputy aherifle, when deemed public •officer's, § 47'6 .... 238 Soldiers and sailors' elections: ballot boxes, custody of, § 509 ^55 ballots and envelopes, disposition of, § 513 259 canvass by county boards, how (Jbnducted, § 515 260 by inspectors of election, § 511 257 statement and return forwarded to county clerk, § 514 260 by state board, how conducted, § 516 261 conduct of, f ■510 ■••• ••• •• ^56 contest, elections subject to, § 520 262 election law applioaibie to, § 521 262 election officers, duties of, § 509 '• ' 255 oath of, .§ 508 • ' ^^^ selection of, § 509 ■ ■ nominations sent by secretary of state to commanding officers, § .SOG. 253 official enyelapes, delivery of, § 505 253 penal law, provisions applicable to, § 518 262 • poll-books, delivered to commanding officer^, § 505 253 '^^ oaths for inspectors to be contained in,' § 502 250 secretary of state to prepare, § 502. .• 250 348 Index. Soldiers and sailors' elections — Continued: .^,,,^-^->> :-'■ "■''■:. ■- page, polls, opening of, § 508. ; ■. ; ■ .j. • . • 254 organization of, § 509 ; ;..... 255 -; ' i where to be opened, § 507 254 register of absent voters, § 501 - 249 returns and statements, when not to be canvassed, § 517 >: 261 returns not to be rejected because of informality, §, 512. 258 secretary of state, comparison of poll-books and envelopes by, § 513 259 to publish act relative to, § 522 263 special polls in war time, § 500 249 supplies furnished by secretary of state, § 522 263 vacancies among inspectors, how filled, § 519 262 unofficial ballots may be used, § 510 256 war ballots, delivered to commanding officers, § 505 253 official, how printed, § 503 251 official envelopes for, § 504 ■ 252 Special elections: "t^ certificate of nomination, time and place of filing, § 128 73 election records and appliances, custody of, § 206 118 notice of, transmitted, § 293 131 party nomination for, how made, § 91 62 proclamation of, by governor, § 292 130 registration, § 160' 93 time and manner of holding, § 292 130 time for transmitting certificate of designation for, § 51 35 vacancy in elective office, to be filled at, § 292 130 when -to be held, § 292 130 See also Elections ; Soldiers and Sailors' Elections. Special enrollment: See E.XROLLMENT. Special penalties: See Penalties. Spring primary: conduct of, § 70 45 delegates to national convention elected at, § 53 36 presidential years, first Tuesday in April, § 3, subd. 5 2 record in enrollment book, § 5 6* state committee elected in presidential year, § 38 28 See also Conventions; Primaries. State board of canvassers: See Canvassers; State Board of. State committee: elected in even-numbered years, § 38 '. ."■;-. . . . . 28 'Index. - ;r,349 "State committee — Continued: , -■■••'... 'PAGE. members of, elected at primary election; exceptions, § 38. ...... 28 elected at spring primary in year of presidential election," §' 38. 28 elected lu presidential year, to hold office until successor elected in second year, § 38 .... 28 enrolled voters within units of representation, § 36 26 hold office until successor elected, § 33 28 number of, § 36 26 organize and elect officers within ten days after election, § 40 28 party committee, § 35 26 presidential electors nominated by, § 54 37 unit of representation for election of, § 36 ; 26 vacancy filled by remaining members, § 36 26 how filled, § 36 .... 26 See also Committees; Conventions; Pabtt Committee. State officers: independent nomination, number of signatures required on certifi- cate, § 122 .".'..'.' 65 special election to fill vacancy, § 292 .' '. . . . 130 statement of county canvassers, § 437 225 See also Special Electioxs. State superintendents of elections: affidavits by hotel keepers holding liquor licenses, § 481 240 aid by private persons and public officers, § 476 238 appoinfanent aad number of, § 471 236 card lists of registered electors, § 485 244 chief deputies and assistants, § 471 236 deputies, additional, § 474 237 powers and control of, § 475 237 removal, § 486 ; .' ..-...' 244 deputy superintendent not to attend primary except to vote, § 489 . . 247 generally, §§ 471-489 ..:, 236-247 governor, report to, § 488 247 information to be given, § 475 237 lists of residents furnished to, § 484 242 metropolitan elections district, powers of superintendent extended to primaries, § 489 247 oaths, administration of, § 478 239 police and certain departments to report to, § 483 242 polling places, attendance at, § 479 239 powers of, § 472 236 extended to primaries, § 489 '. . . . ; . . ' 247 reports by lodging-house and hotel keepers, § 480 239 filing of, § 482 241 salaries and expenses, § 487 246 subpoenas issued by, § 477 238 350 Ittdex. State voting machine commissioners: ^age. appointment, § 390 203 compensation, § '391 204 terra of office, § 390 203 See also Voting Machines. statement of result: blank, bound with tally sheet, § 79 52 descj-iption of, § 79 :. 52 prepared and furnished "by custodian of primary records; quan- tity, § 79 .' 52 result of canvass to be written on, § 87 58 canvassed by custodian of primary records, § 89, subd. 1 60 certificate to be signed by primary election inspectors, §79 52 time allowed for canvass by custodian of primary records, § 89, subd. 1 60 Statements: campaign receipts and payments, § 546 266 filed with secretary of state, § 548 267 canvass, certified copies of, § 373 198 copy filed with supervisor, § 377 200 corrected, proceedings upon, § 436 224 correctior of errors -in, § 432 222 delivered to police, § ,372 197 delivery and filing of papers relating to, § 577 200 filed with boards of elections, § 204 117 filing of, in New York city, § "STS 201 , how made by county boards, .§ 437 225 inspectors to make and .sign original, § 373 198 police, delivered to, % 372 197 produced before county cffinyassers, § 431 221 sealing of, § 376... 200 soldiers and sailor*' elections, when not to be canvassed, ■§ 517 .... 261 return .of votes, how made, J 3,38 169 See also Canvass; Canvassers, Countt Bqabd of; .CiANVAasEBS, State Boakd of; Political Committees. Stationery: distributed by county clerks, § 843 173 expense of providing, § 318 151 generally, f§ 330-345 155-174 polls, distributed at, § 350 176 provided by boards of elections, town, city and village clerks, § 341. 171 supplied to each polling place, § 333 162 when delivered, where voting machines are used, "§ 4T)4 210 See a:iso Inspectors; Sxipplies. Indbx. 351 Stttbs: PACT. destroyed, when to be^ § 88- ; ... ' 59 disposition of, after camvaBS,. § 88 59 indorsement on back of, § 58 39 instructions to voters, printed on, § 58 39 number on, entered in poll-book, § 78 49 numbers to be consecutive, § 58 .'...;• ■: 39 oflScial primary ballot stub, description, | 58 : 39 separated from ballot by perforation, § 58 39 See also Ballots; Peimaet Ballots; Sample Ballots. Subcommittees: party rules and regulaiions may provide for, § 39 28 See also Committees-. Subpoenas: issued by state superintendent of elections, §' 477 .;. . 238 See also Coeeupt Practices. , _ ^,;, Suffrage: See Voting. Superintendent of elections: See State Superintendent of Elections. Supervisors : statement of result filed with,. § 377 ,, 200 Supplies: expense: of providing, § 318 151 polling places, providied for; § 300 140 primary elections, provided and paid for as for general election, § 79 52 See- also SaiATiONEBY, Tally- sheets: bound with statement of result sheet, §• 79 52 custodian of primary records to prepare and furnish; number, § 79. 52 delivery and filing of, § 377 200 descxiption, § 338 169 for primary elections, § 79' 52 expense of providing; f 31S 131 firled with boards of electionSi i 204 ; 117 with town or city clerk amd' board of e'lections, § 377' 200 names of candidates printed by primary ihspeetors, § 79 52 supplied to each polling place, § SBS" 162 ■ voting machines, printed to- conform- to type of; § 405 , . , . 210 See also Stationery. Tie vote: vacancy caused by, how filled, § 90 .-;.■ 61 352 Index. Town board: f^- . Inspectors of election, appointment of, • § 311 ■ 146 places for registry and voting, designation of, § 299 138 SepiTowNS; also Election Ofpigebs; Inspectors; Town Meetings; Town plerks: ballots and stationery distributed to, § 343 ,..,;..,.... 173 certificate of nomination, filed with, § 127 '■ 72 ' time of filing with, § 128 • ■ • 78 ■ new nomination, time of filing, § 136 78 compensation of, § 319 152 declination of nomination, time of filing with, § 133. 76 enrollment. books, when to be delivered to, § 4 • 5 lists ■ of candidates for, § 131 ^ • 75 new election district, certified copy of register for, § 183 107 registr9,tion books, certificates and instructions transmitted to, § 182 ; 106 statement of result of canvass filed with, § 87.'. 58 Town elections: registration, § 161 94 See also Town Meetings. Town meetings : ballots, town propositions, form of, § 332 161 what to contain, § 341 '. 171 expense of, when held on general election day, § 318. ......" 151 when not held on general' election day, § 318 '. . . . 151 oflficial ballots, number to be supplied, § 340 ......' 171 stationery and ballots to be provided for, § 341 ..;.... 171 Town ofSces: declination of, where and when filed, § 133 '. . 76 independent nomination, number of signatures required on certifi- cate, § 122 ; . . 65 party nomination, how made, § 45 30 Towns : ballot clerks, appointment of, § 312 148 election districts, abolition, consolid.ation or changing of, § 297 .... 136 ' creation, division and alteration of, § 296 134 maps and certificates of boundaries to be made and posted,, § 298 137 new, certified copy of register for, § 183 107 redistricting of, § 419 .^ 218 election expense, apportionment of, § 318 151 inspectors of election, appointment of, § 311 146 poll • clerks, appointment of, § 312 148 posting listo of nominations, § 132 76. town ballots, boxes for, § 316 150 town propositions, boxes for, § 316 150 Index. 353 iTowns — Continued: ^jpagb. voting machines, adoption of, § 393 205 expense, § 318 ■ 151 ' See also Boabds op Elections. Transcripts: ^ from enrollment books, fees for, § 21 21 Transfer: election officers, when not to be made, § 308 ' *145 Treasurer: See GoBBTjpT Practices; Political Committees. Unit of representation: term defined, § 3, subd. 6 3 See also Conventions; Delegates; Peimabies. United States: , person in service of, residence of, § 163 95 compensation of election officers canvassing vote of, § 3l9 152 See also Ballots; Pbesidential Electobs; Soldiers and Sailobs' Elections. United States senators: article 13, §§ 449-457 ■ • ■ 232-235 canvass on election of, how made after election to fill vacancy, § 449. 232 governor to issue writ for special election, § 449 '. . . 232 time of election, § 449 232 vacancy, how filled, § 449 232 Unofficial ballots: ' See also Ballots ; Pbimaey Ballots.- Unofficial primary: term defined, § 3, subd. 2 i 2 See also Fbima-ries. Unofficial primary, ballots: See Primary Ballots. ' Unofficial primary elections: See Primaries. Vacancies: caused by tie vote, how filled, § 90 .^". . . . 61 certificate of, how filed, § 135 ••,•••■ '•' ' ' '■ ' '^^ for primary elections, § 52 '• • • • ■ • 35 matter contained in, § 135 .".:.;.. 78 when filed after ballots printed, § 52 .'. .■.'•' . . 35 where filed, § 90 i ...... . 61 election officers, how filled, § 308 • • 145 elective offices, when to be filled at special election, § 292 ; :...■-.. f. . 130 filled by committee, § 90 :........ C. .'. . 61 nominations made to fill, § 135 '. .'.". . 78 ^ , occurring before primary day, how filled, § 52 ...;...;>*. 35 12 3B4 Index. Vacancies — Contmued: Tum. party certiflcates of uominatusn to contadn committee to fill, § 121 . . 64 party nominations to fill vacancies oceurjing at certain times, § 91 . . 62 pasters used in certain cases, § 137 79 state committee, filled by remaining members, § 36 26 'I" vote required to fill, § 90 61 ' ^ See also Candidates ; Nomination ; Special Elections. 'yicA^presideiit ot Uiiited States: , electors for, how chosen, f 54 37 ,,' See also Pbesidential Electobs. Village clerk: ,1 , ballots and stationery distributed to, I 343 173 ■ , certificate of nomimatiom, filed with, | 127 72 , j; time of filing with, § 128 73 ,!• new nomination, time of filing, § 136 78 declination of namiiimtion, time of filing witii, § 133 76 statement of result of y oters — Continued : page. ballots (telrvered to; § 356 . . : ; ...'.'. i 182 certificate of"enrol'lment givento, § 21. 21 ,^ challengfid; entry made in poll>-book, §-78 50 .;., at oflBcial primary election, § 72 45 correction of enrollment, how made, § 14-a i, 13 declaration of intention as to residence, § 480 , 2^ disabled or illiterate, how assisted, § 357 .................... . ■ ,• isS electibn districts, number in, § 419' ». 218 employees, time allowed, for voting, §, 365 1,90 enrollment of, § 10 .10 '. " declined,, blank to be returned, § 10. 10 errors and omissions in ballots, § 344 - '.'' 174 ■'^ failure to enroll, act to affect right to register for election, §21.. 21 ■' illiterate -and disabled, assisted at rfegistration,, § lft4 95 - in use of voting machine, § 412 ..'„ '.,.... . 213 intent of at primary elections, § 86 58 list of, in poltbooks, §' 78 '" iO '■'■ manner of voting where maciiinessLare used, §- 410 213 name and add-ress -entered in- enroUment. books, § 8 r :',:■• '' '^ ' where personal registration nat req.»reea, § 9 .i 9 naturali'zatien papers to be^ pEodueed, § 174 •■• 161 oath, refusal to tarke; S' 3i63 189 joflBcial pri-mary batttot, p.reparatiQit by, § 8a 55 preparation of- haikits- by, ■ | 3S8 ;;...; ....-.■■> 1'84 .qualifleaitians, §. 162 :....■ 95 J ,. at lanflffieiial -^prAiBary- el-acJbMmsr,' | •^. . .■ '■ ' '• 62 , questioned, §- 71 < • ' ■ •' ■' ^^ ■ to vote a/t' pri«iKiri«s>, f ■'SI ■' • •' ^^ i+ register, how> atranged, §• 155 -. - • ■ • 85 n ^registered, certifying numbw. of, §■ 181 .' 105 3- registers, tobe ■ qujadCTip Weals, ■§• 1S4 85 :.. regjafcration of, §;§ KO^IS* ,..§1-108 >;■ -resjdsDces ekamge- of, ^ 163<..'. ..-.:-,■■' ^° ■p ,4EJg.ht ior enroll and v-ote a* . jnrjjaBries, 1 19 18 is, sample amd official ballo.t&,' public inapeetion. of, » 342; 173 voting maiAines,. instruotion in use of, § 4^2 209 when deemed- not enroiled; § 14, • ;See,ako. Challenges; Elect-ions; Enbolbmhtwe;; Psbmusbibs; Itoats- ,.;;/ ,;r TBA-nON; SOLDIEES AND .SaIEORS' ELBCBMNS. .% Votes: statement andv return, § asa - .- ■■nr^H gee aIso^ Gahwass; -:^iM*iaES. .J: aet of, when- deemed to commence, §.359 .... 186 ■ .manner of, |. 3Sfl .- • : - • r ■„• l^f where voting, machines are used, §-410 ^la 356 Index. Yotiag-^ Continued: \ page^ persons excluded from right of suffrage, § 175 ...;..... 102 places for, designation of, § 299 138 time allowed employees for, § 365 : 190 Voting booths: See Booths. Voting machines: adoption of, § 393 205 • prior to December 10, 1913, § 421 219 apportionment of election expense, when used, § 318\ 151 ballot, term defined, § 420 219 form of, § 397 206 party columns on, § 397 206 ballot clerks, appointed for primary, election only, § 74 46 not appointed or elected where used, § 418 218 ballot label, term defined, § 420 219 ballots and stationery for, § 404 210 canvass of vote, § 413 213 certificate signed by inspectors, § 413 213 construction of, § 392 204 counter compartment, opening of, § 415 216 counters, not to be exposed during election, § 409 212 reading of, by inspectors, § 413 213 custodian, § 400 207 instructions given by, § 401 , 209 term defined, § 420 219 definitions, § 420 219 election, preparation for, § 400 207 election districts, redistricting of, § 419 218 election ofiicers, instruction of, § 401 209 instruction of voters by, § 411 213 examination of, § 391 204 expense of using, § 318 151 experimental use of, § 394. 205 generally, §§ 390-421 203-219 illiterate or disabled voters assisted, § 412 213 independent ballots, how voted, § 408 211 instruction of voters in use of, § 402 209 irregular ballots, disposition of, § 414 215 term defined, § 420 219 keys, disposition of, § 415*. 216 local authorities, to provide, § 395 205 location of, § 409 212 manner of voting, § 410 213 oMcial ballots, number of, § 399 207 Tjtdex. 857 Voting machines — Continued: vace. party representative, opportunity to examine, § 400 207 payment for, how- made, § 396 205 polls, preparation by election officers, § 407 2|o preparation for election, § 400 207 presidential electors, irregular ballot for, § 408 211 protective counter, number compared with seal, § 407 210 term defined, § 420 219 question, term defined, § 420 219 recanvass, provision for, § 416 216 . requirements of, § 392 204 results, proclamation of, § 413 213 sample ballots for, § 398 206 tally sheets to conform to type of, § 405 210 unofficial ballots, vphen to be used, § 406 210 See also Booths. Voting space: official primary ballot, where to appear, § 58 39 Vouchers: campaign expenditures, receipted bills for, § 545 266 preservation of, § 548 267 See also Coerupt Peactices. War ballots: See Ballots. Ward: divided into primary districts, § 74 ^° Watchers: ballot boxes examined in presence of, § 84 56 ballots protested by, § 85 ^^ duties, § 352 ; • • • ■ ^''^ at primary elections, § 84 may examine ballot during canvass, § 85 5" meetings for registration, § 152 number to be appointed, § 84 ■ ■ • transcript of statement of result of canvass may be made by, § 88 . . 59 unofficial primary elections, § 92 Westchester county: See Boards of Elections. Witnesses: _„-. personal privilege of, § 558