Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924016969408 Cornell University Library KFN5710.A32 1902 The Election Law of the Stat« of New Vo' 3 1924 016 969 408 THE ELECTION LAW OF THE STATE OF NEW YORK WITH Notes and Instructions PKBFAKBD UNDBR THE DIRECTION OV JOHN T. Mcdonough Secretary of State ALBANY J. B. LYON COMPANY, STATE PRINTERS 1902 POLITICAL CALENDAR, GENERAL ELECTION, 1902. Election day, Tuesday, November 4. Polls open 6 a. m., polls close 5 p. m. Registration days in cities of the first class (New York and Buffalo): First day, Friday, October 10, 7 a. m. to 10 p. m. Second day, Saturday, October 11, 7 a. m. to 10 p. m. Third day, Friday, October 17, 7 a. m. to 10 p. m. Fourth day, Saturday, October 18, 7 a. m. to 10 p. m. Registration days in cities and villages of five thousand or more inhabitants elsewhere than in cities of the first class, are held on the same days as in those cities from 8 a. m. to 9 p. m. Registration in election districts other than in cities or villages of five thousand inhabitants or over are : First day, Saturday, October 11, from 9 a. m. to 9 p. m. Second day, Saturday, October 18, from 9 a. m. to 9 p. m. Designation of polling places, September 2. List of candidates for election officers to be filed not later than July 1. Appointment of election officers in cities on or before beptem- ber 1. Publication of polling places and election district boundaries in cities, October 9, 10, 11, 16, 17, 18, November 3 and 4. Certificates of nominations to be filed with secretary of state : Party certificates, September 25 to October 4. Independent certificates, September 25 to October 10. To be filed with county or city clerk, board of police or board of elections : Party certificates, September 30 to October 10. Independent certificates, September 30 to October 15. IV Political Calendar, Gkneeal Election, 1902. Certification of nomination by secretary of state, October 21. Publication of nominations, October 29 to November 3, in- clusive. Declination of party nomination to be filed witb. secretary of state not later than October 10. Of independent nomination not later than October 15. Declination of party nomination to be filed with county or city clerk, board of police or board of elections, not later than October 15. Of independent nomination not later than October 17. Objection to nomination certificate must be made within three days after the filing thereof. Vacancies in nominations caused by declination, death or dis- qualification must be filed with secretary of state, county clerk or city clerk on or before October 20. When a candidate dies after the official ballots have been printed, the vacancy can be filled by filing the proper certificate, and the officer providing the official ballot must then provide official pasters bearing the name of the new nominee. The pasters are affixed to the ballots by the ballot clerks before delivery to the electors. TABLE OF CONTENTS, Election tiaw: ARTICLE I. Times, Places, Notices, Officebs and Expenses or Elections. Page, Section 1. Short title 2 2. Date of general election 2 3. Time of opening and closing polls 2 4. Filling of vacancies in elective offices 2 5. Notices of elections 3 6. Notice of submission of proposed constitutional amend- ments or other propositions or questions 4 7. Publication of concurrent resolutions, proposed constitu- tional amendments and other propositions 5 8. Creation, division and alteration of election districts 6 9. Maps and certificates of boundaries of election districts. . 8 10. Designation of places for registry and voting 9 11. Election officers; designation, number and qualifications. . 11 12. Appointment and qualification of election officers in cities. 20 13. Election officers in tovcns 23 14. Organization of boards of Inspectors; supplying vacancies and absences 25 15. Preservation of order by inspectors 26 16. Ballot boxes , 27 17. Voting booths and guard-rails 28 18. Payment of election expenses 28 19. Delivery of election lavys to clerks, boards and election officers 31 ARTICLE II. Registkation of Electors. Section 30. Meetings for registration 32 31. Adding and erasing names on register : 33 32. Forms for registration 34 33. Method of registration 38 34. General provisions 41 35. Certificate and custody of register 50 36. Delivery of blank books for registration, certificates and instructions 53 VI Table of Contents. ARTICLE III. Primaetes, Conventions and Nominations. Page. Section 50. Definitions of primary and convention 56 51. Notice of primary 56 52. Organization and conduct of primaries 56 53. Qualifications of voters at primaries 57 54. Duties of cliairman of primary 58 55. Watchers and canvass of votes at primaries 58 56. Party nominations 58 57. Independent nominations 62 58. Places of filing certificates of nominations 64 59. Times of filing certificates Of nominations 65 60. Certlficatdon of nominations by secretaiy of state 66 61. Publication of nominations 66 62. Lists of town clerks and aldermen 68 63. Posting town and village nominations 68 64. Declination of nomination 68 65. Objections to certificates of nominations 69 66. Filling vacancies in nominations 70 ARTICLE IV. Officiai. and Sample Ballots, Instruction Cards and Stationery. Section 80. Official ballots for elections 73 81. Form of general ballot 73 82. Form of ballot for questions submitted 77 83. Sample ballots, instruction cards and stationery 79 84. Blank forms for election offlciers 80 85. Number of official ballots 88 86. Officers providing ballots and stationery 88 87. Distribution of ballots and stationery 90 88. Errors and omissions in ballots 91 89. Unofficial ballots 92 ARTICLE V. Conduct or Ejections and Canvass op Votes. Section lOO. Opening the polls 93 101. Persons within the guard rail 93 102. Watchers; challengers; electioneering 9.3 103. General duties of election officers. 95 104. Delivery of ballots to electors 98 105. Preparation of ballots by electors loi 106. Manner of voting 103 107. When unofficial ballots may be voted 104 Table of Cohtemts. th Page. Section 108. Challenge and oaths 104 109. Time allowed employes to vote 107 110. Method of canvass 107 111. Original statement of canvass and certified copies 113 112. Proclamafnon of result 115 113. Delivery and filing of papers relating to the election .... 115 114. Judicial Investigation of ballots 117 ARTICLE VI. County and State Boaed or Canvassebs. Section 130. Organization of county board of canvassers 118 131. Production of o^rlgiinal statements and copies thereof. .. . 119 132. Correction of clerical errors in election district state- ments 129 133. Correction in state or county board of canvassers' state- ments 120 134. Proceeding of state board of canvassers upon corrected statement 121 135. Statements of canvass by county boards 123 136. Decisions of county boards as to persons elected 125 137. Transmission of statements of county boards to secretary of state and boards of election 126 138. Organization and duties of board of canvassers New York city 127 139. Organization of state board of canvassers 129 140; Canvass by state board 130 141. Certificates of election 130 142. Record in office of secretary of state of county officers elected 131 ARTICLE VII. Voting Machines. Section 160. State voting machine commissioners..., 132 161. Examination of voting machines 132 162. Requirements of voting machine 133 163. Adoption of voting machine 134 164. Experimental use of voting machine 134 165. Providing machines 134 166. Payment for machines 134 167. Form of ballots. 185 168. Sample ballots 135 169. Number of official ballots 135 170. Distribution of ballots and stationery 135 171. Tally sheets 135 viir Table of Comtemts. Page. Section 172. Unofficial ballots 136 173. Opening the polls; independent ballots 136 174. Location of machines; guard rail 137 175. Manner of voting 137 176. Insti'ucting voter 138 177. Illiterate and disabled voters 138 178. Canvass of vote and proclamation of result 138 179. Disposition of independent ballots; and preserving the record of the machine 139 180. Application of other ai'ticles and penal code 139 181. When ballot clerks not to be elected 139 182. Number of voters in election districts 139 183. Definitions 140 184. Repeal of laws 140 ARTICLE VIII. Electors of Pbesident and VicE-rRESiDENT, and Representatives in Congress. Section 190. Representatives in congress 141 191. Electors of president and vice-president 142 192. Meeting and organization of electoral college 142 193. Secretary of state to furnish list of electors 142 194. Vote of the electors 143 195. Appointment of messenger A 143 196. Other lists to be furnished 143 197 Compensation of electors 143 198. Laws repealed 144 Instructions for guidance of election officers at general elections. .. . 147 THE ELECTION LAW. CHAP. 909. A.N ACT in relation to the elections, constituting chapter six of the general laws. Became a law May 27, 1896, with the approval of the Garernor. Passed, three-fifths being present. The People of the State of New York, represented in Senate cmd Assembly, do enact as follows: CHAPTER VI OF THE GENERAL LAWS. The Election law. Abticlb I. Times, places, notices, officers and expenses of elections. (Sections 1 to 19.) II. Registration of electors. (Sections 30 to 36.) III. Primaries, conventions and nominations. (Sections 50 to 66.) IV. Official and sample ballots, instruction cards and station- ery. (Sections 80 to 89.) v. The conduct of elections. (Sections 100 to 114.) VI. County and state boards of canvassers. (Sections 130 to 142.) VII. Voting machines. (Sections 160 to 184.) VIII. Electors of president and vice-president and representa- tives in congress. (Sections 190 to 198.) ABTICLE I. Times, Places, ITotlces, Officers and Expenses of Elections. Section 1. Short title. 2. Date of general election. 8. Time of opening and closing polls. 4. Filling of vacancies in elective offices. 5. Notice of elections. 6. Notice of submission of pi'oposed constitutional amendments or other propositions or questions. T. Publication of concurrent resolutions, proposed constitutional amendments and other propositions. 2 The Election Law. §§ 1, 2, 3, 4 Section 8. Creation, division and alteration of election districts. 9. Maps and certificates of boundaries of election districts. 10. Designation of places for registry and voting. 11. Election officers; designation, number and qualifications. 12. Appointment and qualification of election officers in cities. 13. Election officers in towns. 14. Organization of boards of inspectors; supplying vacaucie.-- and absences. 15. Preservation of order by Inspectors. 16. Ballot boxes. 17. Voting booths and guard-rails. 18. Payment of election expenses. 10. Delivery of election laws to clerks, boards and election officers. Section 1. Short title. — This chapter shall be known as the election law. § 2. Date of general election. — A general election shall be held annually on the Tuesday next succeeding the first Monday in Novembec. § 3. Time of opening and closing polls. — The polls of every general election, and, unless otherwise provided by law, of every other election shall be opened at six o'clock in the forenoon and shall close at five o'clock in the afternoon. There shall be no adjournment or intermission until the polls are closed. .The clos- ing of the polls shall be deemed to mean the close of the delivery of official ballots to electors, and the electors entitled to vote who have lawfully begun the act of voting before the time fixed for the close of the polls, shall be allowed to complete the act. It shall not be lawful for any corporation, association, copartner- ship or person, to sell, offer or expose for sale, or give away, any liquor on the day of a general or special election, within one- quarter of a mile of any voting place, while the polls for such election shall be open. A violation of this provision shall be deemed a misdemeanor. (Thtis amended by chap. 654, L. 1901.) For duties at opening of polls, see f 100, and at closing of polls, see § 110. § 4. Filling vacancies in elective offices. — A vacancy occur- ring before October fifteenth in any year of any office authorized to be filled at a general election, shall be filled at the general § & 'tiMES, Places, iJorioES, etc., of Elections. 8 electian held next thereafter, unles« otherwise provided by the constitution, or unless previously filled at a special election. Upon the failure to elect to any office, except that of governor or lieutenant-governor, at a general or special election, at which such office is authorized to be filled, or upon the death or dis- qualification of a person elected to office before the commence- ment 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 shall 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 twenty nor more than forty days from the date of the proclamation. A special election shall not be held to fill a vacancy in the office of a representative in con- gress unless such vacancy occurs on or before the first day of July of the last year of the term of office, or unless it occurs thereafter and a special session of congress is called to meet before the next general election, or be called after October fourteenth of such year; nor to fill a vacancy in the office of state senator, unless the vacancy occurs before the first day of April of the last year of the term of office; nor to fill a vacancy in the office of a member of assembly, unless occurring before the first day of April in any year, unless the vacancy occurs in either such office of senator or member of assembly after such first day of April and a special session of the legislature be called to meet between such first day of April and the next general election or be called after October fourteenth in such year. If a special election to fill an office shall not be held as required by law, the office shall be filled at the next general election. § 5. Notices of elections by secretary of state and county clerk. — The secretary of state shall, at least three months before each general election, make and transmit to the county clerk of each county, and the board of elections of the City of New York, a notice under his hand and official seal, stating the day upon which such election shall be held, and stating each officer, except i Thb Election Law. § 6 city, village and town officers, who may be lawfully voted for at such election by the electors of such county or any part thereof. If any such oflflcer is to be elected to fill a vacancy, the notice shall so state. The secretary of state shall forthwith, upon the filing in hifl office of the governor's proclamation ordering a special election, make and transmit to each county clerk and to the board of elections of the City of New York, 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 published in the newspapers published in such county having large circulation therein, at least once a week until such election shall be held. Each county clerk shall forthwith, upon the receipt of either such notice, file and record it in his office, and shall cause a copy of such notice to be published once in each week until the election therein specified in the newspapers designated to publish election notices. He shall also publish as a part of such notice, each city, village and town officer who may lawfully be voted for at such election by the electors of such county or any part thereof ; and the city, village and town clerks of each county shall at least three montha before each general election make and tram-smit to the county clerk of the cmmty, a notice wnder their respeotioe hands and official seals, stating each dty, village or town officer to be voted for at such election. (Thdis amended by chap. 95, L. 1901, and chap. 232, L. 1901. Words in italics added by chap. 232, L. 1901.) § 6. Notice of submission of proposed constitutional amendments or other propositions or questiona. — Every amendment to the constitution proposed by the legislature, unless otherwise provided by law, shall be submitted to the people for approval at the next general election, after action by the legisla- ture 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 approval, the secretary of state shall include in his notice to the county clerk and the board of elections of the City of New York, of the general election, a copy of such amendment, proposition or question, and if more § 7 Times, Plages, Notices, etc., of Elections. 5 than one such amendment, proposition or question is to be voted upon at such election, such amendment, proposition or question, respectively, shall be separately and consecutively numbered. If such amendment, proposition or question is to be submitted at a special election, the secretary of state shall, at least twenty days before the election, make and transmit to each county clerk and the board of elections of the City of New York a like notice. Each county clerk 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 onoe a week until the election therein specified, in the newspapers designated to publish election notices. (Thus amended by chap. 95, L. 1901.) § 7. Publication of concurrent resolutions, proposed con- stitutional amendments and other propositions. — The secre- tary of state shall cause each concurrent resolution of the two houses of the legislature, agreeing to a proposed amend- ment to the constitution, which is referred to the legisla- ture to be chosen at the next general election of senators, to be published once a week for three months next pre- ceding such election, in two newspapers published in each county, representing the two political parties polling the high- est number of votes at the then last preceding general elec- tion, and in one additional newspaper published in" each county for every one hundred thousand people in such county, as shown by the then last preceding federal or state enumera- tion. Such additional newspapers shall be selected by the sec- retary of state with reference to making such publication in newspapers having the largest circulation in the county in which they are published. If such resolution does not state that 8uch proposed amendment is so referred to such legisla- ture, the secretary of state shall publish, in connection with the publication of such concurrent resolution, a statement that such amendment is referred to the legislature to be chosen at the next general election. The secretary of state shall cause such proposed amendment to the constitution or other propo- sition or question, which is by law to be submitted to the electors 6 The Elbction Law. § 8 of the state at a general or special election, to be published for a like period before such election in newspapers selected in like manner, together with a brief statement of the law or proceed- ings authorizing such submission, the fact that such submis- sion will be made and the reading form in which it is to be 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 prac- ticable after such appointment, and shall continue once in each week to the time of the election. § 8. Creation, division and alteration of election districts. — Every town or ward of a city not subdivided into election districts shall be an election district. The town board of every town containing more than four hundred electors, and the com- mon council of every city except New York, in whioh there shall be a ward containing more than four hundred electors, shall, on or before the first day of July in each year, whenever necessary so to do, divide such town or ward respectively into election districts, each of which shall be compact in form, wholly within the town or ward, and shall contain respectively as near as may be, four hundred electors, but no such ward or town shall be again divided into election districts until, at some general election, the number of votes cast in one or more districts thereof shall exceed six hundred; and in such case the redivision shall apply only to the town or ward in which such district is situated. If any part of a city shall be within a tov^n, the town board shall divide into election districts only that part of the town which is outside of the city. No election district including any part of a city shall include any part of a town outside of a city. A town or ward of a city containing less than four hundred electors may, at least thiri:y days before the election or appointment of inspectors of election of such town or ward, be divided into election districts by the board or other body charged with such duty when, in the judgment of such board or body, the convenience of the electors shall be promoted thereby. The creation, division or alteration § 8 Times, Places, Notices, etc., of Elections. 7 of an election district outside of a city shall take effect immedi- ately after the next town meeting, and at such next town meet- ing inspectors of election shall be elected for each election district as constituted by such creation, division or alteration. If the creation, division or alteration of an election district is rendered necessary by the creation, division or alteration of a town, or ward of a city, it shall take effect immediately, but a new town or ward shall not be created, and no new town or ward shall be subdivided into election difitricts between the first day of August of any year, and the day of the general election next thereafter. If inspectors are not elected or appointed for such district out- side of a city before September the first next thereafter, the town board of the town shall appoint four inspectors of election for such district. If a town shall include a city, or a portion of a city, only such election districts as are wholly outside of the city shall be deemed election districts of the town, except for the purpose of town meetings. The board of elections of the City of New York shall divide such city into election districts on or before the first day of July in any year whenever necessary so to do as hereinafter provided. The election districts exist- ing pursuant to the provisions of law in the counties within the city of New York, shall continue with their present boundaries, so far as possible, until at some general or city election the number of registered electors therein shall exceed six hundred and fifty, provided, however, that any election district contain- ing less than seventy-five electors in such counties, made neces- sary by the crossing of congressional lines with other political divisions, may be consolidated with contiguous election districts in any year when no representative in congress is to be voted for in such districts. On or before the first day of July in every year the board of elections of the city of New York shall divide each election district of said city which contains more than six hundred and fifty electors, as shown by the registration of elect- ors for the election of the preceding year, into two or more election districts. Such election districts so established in the city of New York shall not again be changed until at some 8 The Election Law. § 9 general election the number of registered electors there- in shall exceed six hundred and fifty, except where changes are made necessary by a change in the boun- daries of congressional, senate or assembly districts or ward lines, provided, however, that when the number of regis- tered electors in any election district shaU for two consecutive years, be less than two hundred and fifty, such district may be consolidated with contiguous election districts in the discretion of said board of elections. In that portion of the City of New York within the county of New York each election district shall be compact in form, entirely within an assembly district and num- bered in consecutive order therein respectively. In that portion of The City of New York outside of the county of New York each election district shall be compact in form, entirely within a ward and numbered in consecutive order therein respectively. No election district shall contain portions of two^ counties, or two senate or assembly districts or two wards. Each town and each part of a town included in the city of New York, aa con- stituted by the Greater New York charter, shall be respectively deemed to be a ward within the meaning of this section. (Thus attended by chap. 95, L. 1901.) Election districts in which voting machines are to be used, may be created containing as near as may be six hundred voters each, see f 182. § 9. Maps and certificates of boundaries of elaotisn dis- tricts. — ^\\'^hen a ward of a city or an assembly district within a city shall be divided into two or more election districts, tho; officers or board creating, dividing or altering such election dis- tricts, shall forthwith make a map or description of such division, defining it by known boundaries, and cause such map or descrip- tion to be kept open for public inspection in the ofSce of the city clerk, and cause copies thereof to be posted not less than ten days prior to the first day of registration in aach year, in at least ten of the most public places in each election district so created, divided or altered, and shall, prior to every election, furnish copies of such map or description to the inspectors of election in each election district of such ward or assembly dis- trict. The copies furnished to the inspectors of election shall have printed on each or affixed to each in some secure way the list of § 10 Times, Places, NoTicps, etc., of Elmotions. 9 places designated pursuant to section ten as places at which the meetings for the registration of electors and the election shall be held during the year within such ward or assembly, district. The officers creating, dividing or altering an election district in a town shall forthwith make a certificate or map thereof, exhibiting the districts so created, divided or altered, and their numbers respectively, and file the same in the county clerk's ofiQce, 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 shall, prior to every general election, furnish copies of such maps or certificates to the inspectors gf election in each election district of such town, provided such election district is not coterminous with the town lines. {Thus amended by chap. 89, Z. 1902.) § 10. Designation of places for registry and voting, puMi'Cation of same; and provision of furniture therefor. — On the first Tuesday of September in each year, the town board of each town, and the common council of each city, except New York, and the board of elections of the city of New York, shall desig- nate the place In each election distri-ct in the city or town at which the meeting for the registration of electors and the elec- tion shall be held during the year. Each room so designated shall be of a reasonable size, sufficient to admit and comfortably accommodate at least ten electors at a time outsitie of the guard rails. No building, or part of a building, shall be bo deeignated in any city if within thirty days before such designation, intoxi- cating liquors, ale or beer, shall have been sold in any part there- of. No room shall be designated elsewhere in a city, If within thirty days before such designation, intoxicating liquors, ale or beer, shall have been sold in such room^ or in a room adjoining thereto, with a door or passage-way between the two rooms. No intoxicating liquors, ale or beer shall be sold in such build- ing in a city or such room or adjoining room elsewhere after such designation and before the general election next thereafter, or be allowed in any room in which an election is held during the day of the election or the canvass of the votes. Any person or persons violating the provisions of this section shall be deemed guilty of a misdemeanor. If any place so designated shall there- 10 The Eleci'ion Law. § 10 after and before the close of the election be destroyed, or for any reason become unfit for use, or can not for any reason be used for such purpose, the ofQcers charged with the designation of a place for such election shall forthwith designate some ottiei 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. The officers author- ized 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 election of each election district at least one-half hour before the opening of the polls at each election. The oflQcers authori- ized 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 desig- nated, and the boundaries of each election district in which such registration and polling place is located. Such publication shall be made in the newspapers so selected upon each day of regis- tration and the day of election, and on the day prior to each such days. One of such newspapers so selected shall be one which advocates the principles of the political party polling the highest number of votes in the state at the last preceding election for governor, and the other newspaper so designated shall be the one which advocates the principles of the political party polling the next highest number of votes for governor at said election. The board of elections of the city of New York shall cause to be published in two newspapers in each borough within such city a list of the registration and polling places so designated in each borough and the boundaries of each election district therein in which such registration and polling place is located; except that in the borough of Brooklyn, such publication shall be made in the newspapers designated to publish corporation notices there- in. Such publication shall be made in such newspapers upon § 11 I'iMBs, Places, iJorioiss, bto., of Elbotions. 11 each day of registration and the day of election and on the day prior to each of such days. Such publications shall be made in the newspapers published in such counties which shall respec- tively advocate the principles of the political parties which at the last preceding election for governor respectively cast the largest and next largest number of votes in the state for such office. The said board shall also cause to be published in the City Record on or before the first day of 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 designa- tion of the respective boroughs in which they are located. 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. {Tims amended 6y chap. 95, L. 1901.) For number, etc., of ballot boxes, voting booths, etc., ti> be provided, see §§ 16, 17. Officers authorized to adopt voting machines, see § 163. §11.* Election officers; designation, number and qualifica- tions. — Subdivision 1. There shall be in every election district of this state the following election officers, namely, four inspect- ors, two poll clerks and two ballot clerks, whose term of office, except as Jieremafter prescribed, shall be for one year from the date of their appointment or election, and who shall serve at every general election, special or other election held within their districts during such term. The term of office of mspectors of election in towns shall te for two years. No person shall be ap- pointed or elected an inspector of election, poll clerk or ballot clerk who is not a qualified elector of the county if within the city of New York or of any other city or of the election district of the town in which he is to serve, of good character, able to speak and read the English language understandingly, and to write it legi- bly, and who does not possess a general knowledge of the duties * Ameoded by chaps. 95 and 536 of the Laws of 1901. Words In Italics show the amendment of this section by chap. 536, L. 1901, which said amendment oniiUed subdiTision two of said section as herein printed. 12 Thb EI.4X3TION Law. § H of the office to which he is elected or appointed, or who is a candidate for any office to be voted for by the electors of the 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 office except notary public or commissioner of deeds, town or vil- lage assessor, justice of the peace, village trustee, water commis- sioner, officer of a school district, overseer of highway, whether elected or appointed or who is employed in any public office or by any public officer whose services are paid for out of the public money other than is excepted herein. Each class of such officers shall be equally divided between the two political parties which at the general election next preceding that for which such officers are to serve, cast the highest and the next highest number of votes. Where election officers are appointed the qualifications! required of them by this section shall be determined by an ex- amination by or under the direction of the appointing board or officer. (Thus amended by chap. 536, L. 1901.) Election officers In cities of first class exempt from Jury duty, see § 12. Subdivision 2. Boards of elections established. — a. There shall be, and there is hereby established, a board of elections in every city of the first class in this state which does, or shall, contain within its boundaries one or more counties. The said board shall consist of four persons to be known and designated as commissioners of elections. Each of said boards of elections shall be and are hereby charged with the duty of executing the provisions of the laws relating to all elections held within their respective cities, except as otherwise provided by law. b. AH such commissioners of elections shall be appointed by the mayor of the city, and shall hold office for a term of two years, except as hereinafter provided. Each of the said com- missioners of elections shall be at the time of his appointment a resident of and a qualified elector of such city. No com- missioner of elections shall hold any other office, except commis- sioner of deeds or notary public, during his term of office, nor shall he be a candidate for any elective office during such term, and any votes cast for any person for office, who shall have been § 11 Times, Places, Notices, etc., of Elections. 13 a commissioner of elections within one hundred days of the elec- tion at which such votes were cast, shall be void and shall not be counted. A commissioner of elections may be removed from oiBce by the governor for cause in the same manner as a sheriff. Any vacancy in the office of commissioner of elections shall be filled by the mayor of the city within five days after the vacancy has been created, and the person appointed to fill such vacancy shall hold office during the balance of the term of the com- missioner in whose place he was appointed. At their first meeting the commissioners of elections shall organize as a board by electing one of their number as president and one as secre- tary, and in case no election can be had the members shall draw lots for such places. The board shall have power to adopt such rules and regulations for the control and conduct of the affairs of such board and of its employes as are not inoonBistent with or in violation of law. The board shall keep a record of their proceedings and shall make an annual report in the month of December of the affairs and prooeedlngs of said board to the mayor of the city. c. Within ten days after this act shall take effect the mayor of the city of New York shall appoint four persons as commis- sioners of elections, each of whom, at the time of his appoint- ment, shall be a resident and qualified elector of the city of New York, and not more than two of whom shall belong to the same political party, or be of the same political opinion on state or national politics. The term of office of the commissioners so ap- pointed Bhall be from the date of their appointment to twelve o'clock noon of January first, nineteen hundred and three, or until their successors have qualified. Upon the expiration of the term of office of the commissioners first appointed, and every two years thereafter, the nayor of the city of New York shall appoint four persons am commissioners of elections for the full term of two years, each of whom shall be as abo^s provided a resident and qualified elector of the city of New York and not more than two of whom shall belong to the same political party or be of the same political opinion on state or national politics. 14 The Election Law. § H The salary of each commissioner of elections shall be five thou- sand dollars a year, payable in equal monthly installments. d. Within five days after this act takes effect, the respective chairmen of the county committees, within the counties of New York and Kings, of each of the two political parties which at the general election held in the year nineteen hundred cast the high- est and the next highest number of votes for goveraor, shall each respectively file or cause to be filed with the mayor of the city of New York a certificate, duly executed over the signature of the chairman who makes the same, which certificate shall certify to the mayor of such city the name of a person who is a resident and qualified elector of the city of New York and who shall be recommended by the chairman making such certificate as being in his opinion, and in the opinion of the committee of which he is the chairman, a fit and proper person to be appointed a com- missioner of elections. Each of such four certificates shall be substantially in the following' form, to^wit: " To Honorable , Mayor of the City of New York. I, , chairman of the county committee of the party, for the county of , do hereby, in accordance with the provisions of paragraph d of subdivision two of section eleven of the election law, certify that in my opinion and in the opinion of the said committee, a resident and qualified elector of the borough of city of New York, is a fit and proper person to be appointed a com- missioner of elections, and I do hereby recommend him for ap- pointment to said ofQce. In witness whereof, I have made and executed this certificate, this day of , 19. ." Each of such certificates shall be duly acknowledged by the person executing the same, before a notary public or other officer authorized to take acknowledgments to deeds for record in this state. At least five days before the first day of January, nine- teen hundred and three, and at least five days before the first day of January of each second year thereafter, the respective chairmen of the county committees, within the pounties of New § 11 Times, Places, Notices, etc., of ELEorioNS. 15 York and Kings, of each of the two political parties which at the general election last preceding the date of such certificate cast the highest and the next highest number of votes for gov- ernor, shall each respectively make and file or cause to be filed with the mayor of the city of New York, a certificate in substan- tially the form and executed and acknowledged as above pro- vided, each of which four certificates shall respectively certify the name of a person who is a resident and qualified elector of the city of New York and who is recommended as a fit and proper person to be apixointed a commissioner of elections for the term of two years beginning with the first day of January next ensuing. If at any time a vacancy arises in the office of commissidner of elections, through death, resignation, removal or inability to serve, the chairman of the county committee of the political party to which the commisisioner creating such vacancy belonged, for the county of New York, if the commissioner creating such vacancy was a resident of the borough of Manhattan or of the (borough of the Bronx of said city, or for the county of Kings if the commissioner creating such vacancy was a resident of any other borough of said city, shall make and file or cause to be filed with the mayor of the oity of New York, a certificate in substan- tially the form and executed and acknowledged as above pro- vided, certifying and recommending the name of a person, who is a resident and qualified elector of said city, as a fit and proper person to be appointed a commissioner of elections for the unex- pired term of the commissioner creating such vacancy. At least two days time, after a vacancy has been created, for the making and filing of the certificate above provided for, shall be afforded by the mayor, before making any appointment to fill such vacancy, to the person upon whom the duty is imposed here- under to make said certificate and file the same or cause the same to be filed. e. Each and every certificate filed with the mayor of the city of New York in pursuance of the provisions of this act, shall be kept by the mayor in some safe and secure place in his office, and shall be a public record open at all reasonable hours to the inspection 16 The Election Law. § H of any pefrson who may desire to see the same, it being the inten- tion of this act, and said intention is hereby declared, to secure in the appointment of the members of the board of elections established by this act, equal representation of the two political parties which at the general election next preceding such ap- pointment cast the highest and the next highest number of votes for governor, and the committees and chairmen of committees of which political parties have been duly elected as such under and in pursuance of the provisions of the primary election law. f. The bureau in the police department of the city of New York, heretofore known and designated as the general bureau of elec- tions, and the branches of said general bureau in the boroughs of the Bronx, Brooklyn, Richmond and Queens, together with the oflace of superintendent of elections of the city of New York, and the offices of the chiefs of the branch bureaus of elections in said respective boroughs, are hereby abolished, and all of the rights, powers, authority, duties and obligations immediately heretofore by law vested in- and imposed upon the said bureau and branch bureaus, together with every right, power, authority, duty and obligation immediately heretofore by law vested in and imposed upon the poliee board of the city of New York, its successor or suc- cessors, with respect to general, special or primary elections, shall forthwith by force of and as an effect of this chapter be trans- ferred to, imposed upon and continued in the board of elections of the city of New York hereby created. g. All books, documents, papers, records and election appli- ances or appurtenances held oir used by or under the control of the superintendent of elections and the chiefs of the branch bureaus of elections or under the control of the poilioe board of the city of New York, its successors, or successor, shall be trans- ferred to the care, custody and control of the board of elections upon demand by said board. h. So far as practicable and necessary the chief clerks, olerks assistant clerks and stenographers attached to and in the service of the general bureau ef elections of the city of New York and of the branches of said general bureau in the respective boroughs § 11 Times, Places, Noticbs, etc., of Elections. 17 at the time this act shall take effect shall be continued in the ser- vice and employment of the board of elections with the same sal- aries and, so far as practicable, the same duties until the first day of April, nineteen hundred and one, unless otherwise provided by 'the board of elections, which board shall have power to fix the number, salaries, duties and rank of such chief clerks, clerks, as- sistant clerks and stenographers and to appoint and remove and to fix the salaries of all employes of said board. i. The board of elections shall have power to provide and main- tain an ofiBce for such board in the borough of Manhattan which shall be the headquarters of said board, and to furnish the same with necessary furniture and ofiSce fixtures, and shall also pro- vide^ maintain and furnish an oflSce in each other borough of the city of New York and shall place the same in the charge of a com- petent person. The general ofQce of the board of elections shall, until otherwise located with the consent of the board of elections, be located at police headquarters, in the borough of Manhattan which shall be the headquarters of said board aa hereinbefore provided, and the several branch oflSces of the board of elections shall continue to be located in the rooms now occupied by them in the various boroughs of the city of New York, or be removed to other suitable locations in the respectiye boroughs. Said board of elections shall have full and complete control of the said branch offices of the board of elections and of .all the offices, employes, affairs and administration of said branch offices. Every report, statement, certificate, document or paper which was immediately heretofore by the election law required or pro- vided to be made, transmitted, rendered or delivered to or filed with the board of police or superintendent of elections in the city of New York, is hereby required to be made, transmitted, rendered or delivered to or filed with the «aid board of elec- tions. Every provision of law relating te the doing of such acts or to the making and transmitting, rendering, delivering or filing such reports, statements, certificates, notices, docu- ments or papers or to the effect thereof, or providing that other things shall be done in conjunction therewith or consequent 2 18 The Eleoxiom Law. § H thereon, shall, with the same force and effect apply to and operate upon the doing of such acts by the board of elections, and the making, traasmitting, rendering, delivering or filing of such reports, statements, certificates, notices, documents or papers with said board. It shall be the duty of the commis- sioner of police and the officers and members of the police force, whenever called upon by the board of elections to render to said board all practicable assistance in the enforcement of the elec- tion and the primary election law, including the use of the police telephone service. The commissioner of police shall detail to the service of the board of elections upon its written request such patrolmen and other members of the police force as may be necessary from time to time for the faithful performance by said board of its functions and duties. All copies of police re- ports to commanding officers of precincts under subdivision three, of section thirty-two, of the election law, shall be forth- with transmitted by the precinct commander to the board of elections. All statements of canvass delivered to any officer in command of a precinct under subdivision three, of section one hundred and ten, of the election law shall be forthwith trans- mitted by such precinct commander to the board of elections to be by them preserved with the same force and effect as if preserved by the police. j. All sums necessary to pay the expenses of the board of elections of the city of New York, including the salaries of the commissioners of elections, chief clerks, clerks, assistant clerks and other employes and to meet and defray the charges and expenses of all elections lawfully held in the city of New York or in any territory included therein, shall be a charge against the said city, and shall upon proper certificates and vouchers be paid in the same manner as other expenses and charges against the said city are by law provided to be paid. Said charges and expenses, as estimated, shall be included in the an- nual budget of said city each year and in the yearly taxes levied upon the estates, real and personal, in the city of New York. The comptroller of the city of New York, is hereby authorized § 11 Times, PiiACBS, Notiobs, etc., of Elections. 19 and directed to transfer to the credit of the board of elections all moneys remaining out of the appropriations for the year nineteen hundred and one, to the credit of the general bureau of elections and its branches, for defraying the expenses of said board of elections and its branches and other election expenses, and such moneys shall be paid out upon the authority of the board of elections. Any additional sum needed for the conduct of the business of the board of elections during the year nine- teen hundred and one shall be provided by the board of estimate and apportionment of the city of New York, by the sale of bonds or otherwise. k. The board of elections of the city of New York is hereby authorized and directed, not less than two years after each elec- tion, to sell or destroy all registers of electors in the possession of such board; provided, that one copy of such register of elec- tors for each election district shall be excepted and preserved by such board from such sale or destruction. The board of elections is also authorized to sell to the highest bidder the unused 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. 1. Sections three hundred and fifty-eight to three hundred and seventy-one inclusive of chapter eight of the Greater New York charter, being chapter three hundred and seventy-eight of the laws of eighteen hundrd and ninety-seven, entitled " An act to unite into one municipality under thje corporate name of the city of New York the various communities lying in and about New York harbor, including the city and county of New York, the city of Brooklyn and the county of Kings, the county of Richmond and part of the county of Queens, and to provide for the government thereof," and all other laws or parts of laws inconsistent with or in conflict with this subdivision, whether general, special or local, are hereby repealed. {Thus wmended by chap. 95, L. 1901.) 20 The Election Law. § 12 § 12. Appointment of election ofScers in cities. — The board of elections of the city of New York and the 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 be- fore the 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 such board cxr mayor an original list of persons, members of such party duly qualified to serve aa election officers. A supplemental list of persons may also be filed containing not more than ten names for each office. Additional Hupplemiental lists for any election district may be filed at any time before the appointments of such district are made and certi- fied by such board or mayor or when a vacancy shall exist in the original list by reason of the disqualification, resignation, deolina- tion or withdrawal of the name by the pemon or persons submit ting 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 qaalifled, 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 whom the list is filed or authenticated, such chairman or other person shall neglect to file an additional liet, the board or mayor may appoint qualified personB, members of the party in default, to act as election officers. In the city of New York suoh lists shall be authenticated and filed by the chairman of the exeoative com- mittee of the county committee of the party in the respective counties within such city; in other cities, by the chairman or secretary of the general oity committee of such party, if there be such a committee, or if not, then by th» abiurman or aeoretary of the general county committee of aooh party, if there be such a committee, or if not, then by the corresponding officer of any committee performing the usual functions of a city or county committee; provided however, that if in any city more than one such list be submitted in the name or on behalf of the same politi- § 12 l?iMES, Places, Notiobs, btc, op Elbotions. 21 cal party, only that list can be accepted which is authenticated by the proper officer or officers of the faction or section of such party, which was organized as regular by the last preceding 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 sadd list is recog- nized as regular by the state committee of such party, which was organized by or pursuant to the direction of the last preceding state convention of such party. All persons so proposed for ap- pointment shall be examined as to their possessing the qualifica- tions required by section eleven of the election law by or under the direction of the mayor or board, who shall give five days' notice in writing of such examination to the person to be exam- ined, and also the chairman of the committee or other person by whom the list is filed and authenticated, and such chairman or other person may appear and be heard at such examination, either in person or by counsel. If a person so nominated after exami- nation is found qualified, under section eleven of the election law, he shall be appointed to the position for which he was recom- mended. If a person so proposed is found disqualified after ex- amiuation, notice in writing to that effect shall be given by the mayor or board within three days after such disqualification is determined by such mayor or board, to the chairman of the com- mittee or other person by whom the list embracing the name of the person so disqualified wsb authenticated, and the viacancj shall be filled by the appointment of a qualified person named in a supplemental list filed on behalf of the same party, except that if a party entitled to representation files no list the appoint- ment may be made without such list, as provided in this section after examination. In the city of New York the members of the board charged with the duty of appointing election officers, who represent the same political party, shall have the exclusive right and be charged with the exclusive duty of selecting from the list submitted, or, in lieu of said list, the members of such party who are to be appointed as election officers. Every person so ap- pointed as an election officer shall, within five days after notice of 22 The Election Law. § 1^ his appointment, take and subscribe the constitutional and statu- tory oath of ofiflce, which shall be administered, if in the city of New York, by a commissioner of elections, or by any clerk or other employe of said board of elections who shall be designated 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 per- sons designated by him for that purpose; and all of said officers, and every clerk or person so designated by them or him for that purpose, shall be and is hereby authorized as em- powered to administer such oath. Every person so awom as an election officer shall receive a certificate of appointment and quali fication/ signed by the person who administered the oath, in such form as may be approved by the board or officer by which or whom he was appointed, and specifying the capacity and election distridt in which he is to serve and to date the expiration of his term of office. Any election officer so appointed may be removed for cause by the board or mayor making the appointment, in which case such removal, unless made while such officer is actu- ally on duty on the day of registration, revision of registration or election, and for improper conduct as election officer, shall only be made after notice in writing to the officers to be removed, which notice shall set forth clearly and distinctly the reasons ifor his removal. All such vacancies so created shall be filled in the same manner as the original appointment was made. Any elec- tion 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 time of Ms predecessor. No election officer shall be transferred from one election district to another after he has entered upon the performance of his duties and no election officer shall serve in any county save that in which he shall reside. The chairman of each board of inspectors of each election district shall, within twenty-four hours of any election furnish to the mayor or board appointing such officers, if required so to do by such mayor or board, under his hand, a certificate stating the number of days of actual service of each member of § 13 Times, Places, Notices, etc., of Elections. 23 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 registration and elec- tion purposes was actually used for such purposes. Any person acting as such chairman, who shall wilfully make a false certifi- cate shall be guilty of a misdemeanor. Every person appointed as an election ofiScer, failing to take and subscribe the oath of oflQce as hereinbefore subscribed or 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 benefits of the treasury of such city. Any election ofiicer who, being removed for cause, shall fail upon demand to deliver over to his successor the register of the electors, or any tally sheets, book, paper, memorandum or document relating to the registration of electors or the election in his possession, so far as he has made it, shall be liable to a like penalty to be re- covered in a like manner for the benefit of such city. All persons appointed and serving as election oflBcers on each of the days of registration and of election and count of the votes in cities of the first class shall be exempt from jury duty for one year from the date of the general election at which they serve. Such ofiScers shall be paid by the comptroller of the' respective cities, within twenty days after the election at which such officers served upon the certificate of the board or officer appointing them. (Thus amended ly chap. 95, L. 1901.) No ballot clerks to be appointed where voting machines are adopted, see 8 181. For qualification for appointment or election of election officers, see § 11. § 13. *EIection officers in towns. — Inspectors of election in towns shall be appointed by the town board in each year in which a town meeting is held for the election of town officers, and within thirty days thereafter. Such appointments shall be made from lists to be prepared, certified and filed in the manner here- * ElectioD officers in office April 25, 1901, shall hold nffiuo and ooutiiiue to sei ve until the ex- piration of tlieir terms, see chap. 536, L. 1901 24 The Elkction Law. § 13 inafter provided, by the two political parties entitled to represen- tation on a board of election officers. The town caucus or prim- ary held by each such political party for the purpose of nomi- nating town officers shall prepare a list containing the names of at least two persoHs, qualified to serve as inspectom of election, for each election district in said |own, which lists shall be certified by the presiding officer and a secretary of said caucus or primary, and filed with the town clerk in the same manner and at the same time as the party certificate of nomination filed by said party. Prom each of the two lists; so filed, the town board shall ap- point two persons who po«®ess the qualifications prescribed by law for election officers. If in any town more than one such list be submitted on behalf or in the name of the same political party, only that list can be accepted which is certified by the proper officer or officers of the faction of such party which was recog- nized 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 recognieed 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 same manner that he is now by law required to give notice to a person of his election to a town office when his name does not ap- pear upon the poll list at the town meeting at which he was elected to said office. From the additional names, if any, con- tained 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 ench resig- nation, declination or other incapacity by appointing persons known, or proved to the satisfaction of a majority of the mem- bers of said board to be members of the same political party in which such vacancy occurred. All appointments to fill vacancies shall be made in writing and filed with the town cderk, and § 14 TiMBs, Plages, Notioes, etc., of Elections. 26 notices thereof given by him as hereinbefore provided in the case of an original appointment. At the first meeting in each year of the board of inspectors in every district in a towia, one poll elerk and one ballo* clerk shall be appointed by the two inspectors of election representing one of the political parties entitled to repre- sentation on such board, and one poll clerk and one ballot clerk shall be appointed by the two inspectors representing the other political party. Such appointments shall be in writing, signed by the inspectors making the appointments respectively, and shall be filed by them with the town clerk of the town in which such election district is situated, and a copy thereof with the post-oflQce address of each person so appointed shall be mailed to the clerk of the connty. The poJl clerks and ballot clerks so appointed shall hold their oflBce during the term of oflSce of the inspectors appointing them, except as hereafter provided. The persons so appointed as poll clerks and ballot olerks shall be voters in the district in which they are appointed to serve, and shall possess the qualifications required of such officers by section eleven of this act. If at any time of any election at which poll clerks and ballot clerks are required to be present at the polling place in any elec- tion district, the ofiflce of a poll clerk or of a ballot clerk of such district shall be vacant, or a poll clerk or a ballot clerk shall be absent, the inspectors of election in such district shall forthwith appoint a person to fill such vacancy. Such person so appointed shall, before he acts as such poll clerk or ballot clerk, take the constitutiiHaal and statutory oaths of office. {Thus ammided by ohap. 586, L. 1901.) No ballot clerka to be appointed where voting machlneB are to be adopted. For qualification for appointment or election of election ofBcers, see § 11. Similar provisions for filling of vacancies in office of poll clerk or bal- lot clerk, see § 14. § 14. Organization of boards of inspectors; supplying vacancies and absences. — Before otherwise entering upon their duties, the inspectors of ea,ch district shall meet and appoint one of their number chairman; or, if a majority shall not agree upon 26 Thk Election Law. 8 IB such appointment, they shall draw lots for that position. If at the time of any meeting of the inspectors there shall be a vacancy in the ofiQce of any inspector, or if any inspectors shall be absent from any such meeting, the inspector or inspectors present shall appoint a qualified elector of the district, who shall be a member of the same political party as the absent inspector, to act until such absent inspector, or his successor duly appointed under the provisions of section twelve, shall appear, and such person, if so serving temporarily, shall serve without pay. If, at any such time, the oflBces of all inspectors are vacant, or no inspector shall appear within one hour after the time fixed by law for the open- ing of such meeting, the qualified voters of the district present, not less than ten, may designate four qualified electors of the district belonging to the political parties as specified in section eleven, to fill such vacancies, or to act in the place of such in- spectors respectively, until the absent inspectors respectively ap- pear. If at any time there shall be a vacancy in the oflflce of any poll clerk or ballot clerk, or if any poll clerk or ballot clerk shall be absent from such meeting, the inspector or inspectoj^ present shall appoint a qualified elector of the district, who shall 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 oaths as prescribed by the election law. Similar provisions for filling of vacancies In office of poll clerk or bal- lot clerk, see i 13. § 15. Preservation of order by inspectors. — All meetings of the board of inspectors shall be public. Such board and each individual member thereof shall have full authority to preserve peace and good order at such meetings, and around the polls of elections, and to keep the access thereto unobstructed, and to enforce obedience to their lawful commands. The said board may appoint one or more electors to communicate their orders and directions, and to assist in the performance of their duties § 16 TiMEB, PlAOES, NoTiOES, ETO., OF ELECTIONS. 27 in this section epjoined. If any person shall refuse to obey the lawful commands of the inspectors, or by disorderly conduct in their presence or hearing shall interrupt or disturb their proceed- ings, they shall make an order directing the sheriff or any con- stable of the county, or any peace or police oflQcer to take the person so offending into custody and retain him until the regis- tration of electors, or the canvass of the votes shall be completed, but such order shall not prohibit the person taken into custody from voting. Such order shall be executed by any sheriff, con- stable, peace or police oflScer, to whom the same shall be deliv- ered. But if none shall be present, then by any other person deputed by such board in writing. The said board or any mem- ber thereof, may order the arrest of any person other than an election officer violating or attempting to violate, any of the pro- visions of this election law. i § 16. Ballot boxes.^There shall be but one ballot box at each polling place for receiving all ballots cast for candidates for office,' which box shall be conspicuously marked " box for general ballots." There also shall be a ballot box for the reception of ballots found to be defective in printing, or mutilated before delivery to electors, and for ballots spoiled and returned by electors, which box shall be conspicuously marked, " box for spoiled and mutilated ballots." There shall also be a box for detached ballot stubs, which box shall be conspicuously marked "box for detached ballot stubs." If pro- . posed constitutional amendments, or other propositions or questions may lawfully voted upon thereat, there shall be a separate ballot box at each polling place for the reception of ballots upon such amend- ments or propositions, or questions, which box shall be conspicuously marked, " box for questions submitted." In towns in which town meetings are held on election day, an additional ballot box shall be provided, to be marked " box for town propositions," in which shall be deposited ballots cast on town propositions and questions. Each box used for the reception of voted ballots shall be provided with a sufficient lock and key, and with an opening in the top thereof large enough, and not larger than may be necessary to allow a single folded ballot to be easily passed through such opening into 28 The Elbotioh Law. §§ 17, 18 the box. Each box shall be large enough to properly receive and hold all ballots which may lawfully be deposited therein at any election. {Thus amended by chap. 405, L. 1902.) Officers to provide and deliver boxes at least half an hour before open- ing of polls, see § 10. § 17. Voting booths and guard rails. — There shall be in each polling place during each election a suflBcient number of voting booths, not less than one for every seventy-five registered electors in the district. Each such booth shall be at least three feet square, shall have four sides enclosed, each at least six feet high, and the one in front shall open and shut as a door swing- ing outward, and shall extend within two feet of the floor. Each such booth shall contain a shelf which shall be at least one foot wide, extending across one side of the booth at a convenient height for writing, and shall be furnished with such supplies and eonveniences including pencils haying black lead only, as will enable the electors to conveniently prepare their ballots for voting. Each booth shall be kept clearly lighted while the polls are open by artificial lights if necessary. A guard rail shall be placed at each polling place at least six feet from the ballot boxes and the booths, and no ballot box or booth shall be placed within six feet of such rail. Each guard rail shall be provided with a place for entrance and exit. The arrangement of the, polling place shall be such that the booths can only be reached by passing within the guard rail, and that the booths, ballot boxes, election ofiBcers and every part of the polling place except the inside of the booths, shall be in plain view of the election oflQcers and the persons just outside the guard rail. Such booths shall be so arranged that there shall be no access to intending voters or to the boofhs through any door, window, or opening, except by the door in front of said booth. Officers to provide votlnc bootbi and guaxd rails, see § 10. § 18. Payment of election expenses. — The expense of pro- viding polling places, voting booths, supplies therefor, guard rails and other furniture of the polling place, and distance mark- ers, and the compensation of the election officers in each election § 18 Times, Places, Notiobs, etc., of Elections. 29 district, shall be a charge upon the town or city in which such election district is situated except that such expenses incurred for the purpose of conducting a village election, not held at the same time as a general election, shall be a charge upon the village. The expense of printing and delivering the official bal- lots, sample ballots and cards of instruction, poll books, tally sheets, return sheets for inspectors and ballot clerks, and dis- tance markers to be used at a town meeting, city or village elec- tions not held at the same time as a general election, and of printing the list of nominations therefor shall be a charge upon the town, city or village in which the election is held. The expense of printing and delivering the oflQcial 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 county, except such counties or portions thereof as are included within the city of New York, at any other elec- tion, if no town meeting, city or village election be held at the same time therewith, and of printing the lists of nominations therefor, shall be a charge upon such county. The expense of printing and delivering the 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 election, and of printing the lists of nominations therefor, if the town meeting, city or village elec- tion be held in such county at the same time therewith, shall be apportioned by the county clerk between such town, city or vil- lage and such county, in the proportion of the number of candi- dates for town, city or village officers on such ballots, respective- ly, to the whole number of candidates thereon, and the amount of such expense so apiportioned to each such municipality shall be a charge thereon. Whenever voting machines are used in an elec- tion by any city, town or village, only such expenses as are caused by the use of such machines, and such as are necessary for the proper conduct of the elections as required by the elec- tion law shall be charged to such city, town or village. All expenses relating to or connected with elections lawfully in- 80 The Election Law. § 1^ curred 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 ofiBcer, shall be paid by the comptroller of said city upon the certificate of such board. The county clerk of each county, not salaried, shall be paid by such county a reasonable compensation for his services in carrying out the provisions of this chapter, to be fixed by the board of supervisors of the county, or the board acting as such board of supervisors. The town clerk of each town shall be paid by such town a reasonable com- pensation for his services in carrying out the provisions of this chapter, to be fixed by the other members of the town board of the town. Ballot clerks, shall receive the same compensation for their attendance at an election, as inspectors of election for the election, and be paid in like manner. Poll clerks shall re- ceive the same compensation for their attendance at an election and canvass of the votes as inspectors of election and shall be paid in like manner. An inspector of election, lawfully required to file papers in the county clerk's offtce, shall, unless he resides in the county, if within the city of New York, or in any other city or town in which such oflSce 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 such county clerk's oflSce in going to and returning from such office. In cities of the first class, having a popu- lation of two million or more inhabitants, the persons appointed and serving as inspectors of election shall receive seven dollars and fifty cents for the hours fixed by law for each day of registration, and of revision of registration for a special election, and seven dollars for the hours fixed by law for the election, and five dollars for the count and return of the votes. The poll clerks in such city shall each receive the same compensation as inspect- ors of the election and for the count of the votes, and the ballot clerks shall receive eight dollars each. Such officers shall be paid by the comptrollers of the respective cities upon the cer- tificate of the board or officers appointing them. Election officers required to meet at a different time from the regular count of the votes cast at a general election for the purpose of counting and § 19 Times, Places, Notices, etc., of Elkctiojsis. 31 returning the votes of electors absent from their election dis- tricts in time of war in the actual military or naval service of this state or of the United States shall be paid five dollars each. (Thus amendM by chap. 95, L. 1901.) Persons serving temporarily as Inspectors to receive no pay, see § 14. § 19. Delivery of election laws to clerks, boards and election officers. — The secretary of state shall at least sixty days before each general election held after this act takes effect cause to be prepared a compilation of the election law with explanatory notes and instructions, properly indexed, and the secretary of state shall procure the same to be printed by the legislative printer, and transmit to the county clerk of each county except New York, Kings, Richmond and Queens counties, and to the board of elections of the city of New York, located in the borough of Manhattan and to the branch oflSce of the board of elections in each of the other boroughs of the city of New York a suflBcient number of copies thereof, to furnish one such copy to the county clerk and to said board and to each of said branch oflSces of the board of elections and one to each town, village and city clerk and to each election officer in such county and said boroughs together with such number of extra copies as may in his judgment be necessary to replace lost or mutilated copies before delivery thereof to election oflScers. The county clerk of each county, except those counties the whole of which are included within the city of New York, shall forthwith trans- mit one of such copies to each of such officers in such county, and the said board of elections shall cause to be de- livered 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 offtce 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 for the metropolitan elections district a sufficient number of such copies to furnish one of such copies to the superintendent and to each deputy. {Thus amended ly chap- 95, L. 1901.) 32 The Election Law. § 30 ABTICiiE II. Beglstration of Electors. Section 30. Meetings of registration. 31. Adding and erasing names on register, f 32. Forms for registration. 33. Meliod of registration. 34. General provisions. 85. Certification and custody of register. 36. Delivery of blank boolis for registration, certificates and instructions. § 30. Meetings for registration. — Before every general elec- tion, the board of inspectors for each election district in every city, and in villages having five thousand inhabitantB or more, shall hold four meetings for the enrollment of the voters thereof, at the place designated therefor, on the fourth Friday, fourth Sat- urday and the third Friday and third Saturday before such elec- tion, to be known respectively as the first, second, third and fourth meetings for registration. Each meeting, if in cities of the first class, shall begin at seven o'clock, if elsewhere, at eight o'clock in the forenoon, and continue, if in cities of the first class, until ten o'clock, if elsewhere, until nine o'clock in the evening. In all election districts other than in cities or villages having five thousand inhabitants or more, the board of inspectors of election for each such election district shall hold two meetings for the registration of electors thereof, at the places designated therefor, before each general election, namely, on the fourth and third Saturday before the election, to be known respectively as the first and second meetings for registration, which meetings shall begin at nine o'clock in the forenoon and continue until nine o'clock in the evening. The board of inspectors of elec- tion shall also, if ordered so to do by the supreme court, or a justice thereof, or a county judge, as provided in section thirty- one of the election law, meet on the second Saturday before each general election for the purpose of correcting the regis- ters by adding to or striking off the name of any person as directed by such order. It shall be the duty of each inspector § 3i Begistration of Elkctoks. SB of election to make a note on the registers opposite the name of each person so enrolled, or so stricken off, of the date of such order, and the court, justice or judge issuing the same. If an^s^ special or other election other than a general election shall be ordered or held in any city or village, the inspectors of election of the various election districts in which such special or other elec- tion is to be held, shall meet in their respective districts at the -place designated therefor, on the second Saturday preceding such election, from eight o'clock in the forenoon to ten o'clock in the evening for the purpose of revising and correcting the register of electors as hereinafter provided. No inspector shall on any day for registration be absent during the hours fixed for enrolling the names of electors. Each political party or independent body duly filing or entitled to file certificates of nominations of candi- dates for offices to be filled at any such election, may, by a writ- ing signed by the duly auihorized county, city, town or village committee of such political party or independent body, or by the chairman or secretary thereof charged with that duty and delivered to one of the inspectors of election, appoint not more than two watchers to attend any meeting or meetings of in- spectors for an election district in cities and villages having five thousand inhabitants or more held for the enrollment of the voters thereof. Such watchers may be present at such polling place, and within the guard rail, from at least fifteen nlinutes before the commencement of the said meeting until after the completion of the duties of the board of inspectors for that day of registration. {Tims amended ly chap. 300, L. 1901.) For organization of boards of inspectors and supplying vacancies and absences, see S 14. No part of registration days a holiday, see § 34, subd. 5. § 31. Adding and erasing names on register. — If the board of inspectors at any meeting for the registration of electors shall have neglected or refused to place upon the register of electors the name of any person who is entitled to have his name placed thereon, application may be made to the supreme court, or any justice thereof in the judicial district in which such eleo- 3 34 The Election Law. § 32 tion district is located, or of a county adjoining such judicial district, or to a county judge of the county In which such election district is located, on a day at least two days prior to the second Saturday before any election, for an order to place such name upon the register of electors; and such court, justice or judge may, upon sufficient evidence, and upon such notice of not less than twenty-four hours to the board of inspectors, and such other persons interested of such application as the court, justice or judge may require, order such inspectors to convene as a board of registration on the second Saturday before such election, and to add the name of such person to such register of electors, and such register shall be corrected accordingly; but no court, justice or judge shall order the name of any person to be added to the register of electors unless it shall have been omitted there- from through the fault, error or negligence of the election offi- cers. In case the name of any person who will not be qualified to vote in such election district, at the election for which such registration is made, shall appear upon such register, applica- tion may be made in like manner by any elector of the town or city in which such election district is located to any court, jus- tice or judge hereinbefore designated, for an order striking such name from the register, and such court, justice or judge may, upon sufficient evidence, and upon such notice of not less than twenty-four hours to the person interested of such application as the court, justice or judge may require, served either person- ally or by depositing the same in the post-office addressed to said . person by his name, and at the address which appears in the register certified by the inspectors of election, proceed to con- vene the board of inspectors as provided herein for adding a name, and may order such board to strike such name from such register of electors, and such register shall be corrected accord- ingly. Note to be made on registers of names added or stricken off. See § 30. § 32. Forms for registration. — Subdivision one. The board of inspectors of each election district in the state shall, at their meet- ings for registration for the general election in each year, make § 32 Eegisteation of Elhotoes. 85 a quadruplicate register — ^one copy by each inspector — ^in the forms hereinafter prescribed in this subdivision and in subdi- vision two of this section, of those persons, and none other, who are or will be qualified to vote in such district at such election, which register, when finally completed, shall be the register of electors of the district for such election. Such register shall also be used at all other elections held in such district during the year succeeding the election for which it is made, except for town meetings and village elections for which no registration is re- quired. In all election districts in which personal registration of all electors is required, the register shall be arranged in nineteen, columns and the leaves thereof shall be indexed from A to Z. In the first column of such register there shall be entered at the time of the completion of the registration on the last day for registration, a number opposite the name of each number so enrolled, beginning with "1" opposite the first name entered on the page indexed A and continuing in numerical order to and including the last name entered upon the last page of such register. On each day of registration there shall be entered in the second column thereof the surname of such persons in the alphabetical order of the first letter thereof, on the page bearing the index letter of such surname and in the third column the christian name or names of such persons respectively. In the fourth column shall be entered the residence number or other designation, and in the fifth column the name of the street or avenue of such residence or a brief description of the locality thereof. In the sixth column shall be entered the number of the fioor or room occupied by the elector at the residence given by him, and in the seventh column shall be entered his age, in the eighth, ninth and tenth columns shall be entered his length of residence by years, months and days as the case may be in the state, county and election district, respectively; and in the eleventh column shall be entered the country of his nativity, which shall mean the country, state or province of the elec- tor's birth, irrespective of his former political allegiance. In the twelfth column, if he be a naturalized citizen, shall be entered 36 Thb Elbx)tion Law. § 32 the date of the naturalization certificate under which he claims citizenship and in the thirteenth column shall be entered the designation of the court issuing such naturalization certificate. In the fourteenth, fifteenth and sixteenth columns shall be entered respectively the name of the state, the city or town and the number and name of the street or avenue of the residence of such person from which he last registered or voted. In the seventeenth column shall be entered the date of the registration of the elector. The eighteenth column shall be reserved for enter- ing the consecutive number on the stub of the ofBcial ballot voted by the elector on election day. In the nineteenth column shall be entered, opposite the name of each elector, under the heading "remarks," the facta regarding challenges, oaths and other facts affecting such elector required to be recorded. {Thus amended by chap. 113, L. 1901.) For entries under head of "remarks," see § 30 and § 34, subds. 2, 3, 6 and 7. Registers, certificates, etc., to be furnished each election district by secretai-y of state through county clerks, etc., see § 36, subd. 1. Subdivision 2. In all election districts in which personal regis- tration of all electors is not required the register shall be arranged in eight columns. In the first column of such register there shall be entered at the time of the completion of such registration on the last day thereof, a number opposite the name of each person so enrolled, commencing with " 1 " and continuing in numerical order. On each day of registration there shall be entered in the second column thereof surnames of such persons in the alphabeti- cal order of the first letter thereof, and in the third column the christian names of such persons respectively. In the fourth col- umn shall be entered the residence number or other designation, and in the fifth column the name of the street or avenue of such residence, and a brief description of the locality thereof. In the sixth column shall be entered the date on which the elector was registered. The seventh column shall be reserved for entering the consecutive number on the stub of the official ballot voted by the elector on election day. In the eighth column shall be en- § 32 Kegistkation of Eleotoeb. 37 tered opposite the name of each elector, under the heading of " remarks," the facts regarding challenges, oaths and other facta affecting such elector required to be recorded. {Thus amended hy chap. 630, L. 1899.) Subdivision 3. In cities of the first and second class, the board of inspectors of each election district shall, immediately after the close of the last day of registration, make and complete one list of all persons enrolled in their respective districts, in the numerical order of the street numbers thereof, which list shall be signed and certified by the board of inspectors. Such list shall be delivered by the chairman of the board of inspectors to the police captain of the precinct in which the election district is located, or an oflScer thereof, who shall forthwith deliver the same, if in the city of New York, to the board of elections and if in any other of the cities of the first class to the city clerk or in cities of the second class, to the county clerk of the county in which such city is located. The board of elections of the city of' New York and the city clerk of other cities of the first class and the county clerk in the said cities of the second class shall, as soon as possible after thi; delivery of such lists, and not less than six days prior to the day of election, print in pamphlet form for each assembly district or ward within such respective cities not less than fifty times as many copies of said list as there are election districts in such as- sembly district or ward, so that each assembly district or ward pamphlet shall contain the lists of the several election districts in such assembly district or ward. Upon the written application of the chairman of the executive committee of the county commit- tee of any political party entitled to a separate column upon the oflflcial ballot to be voted in such city at the election for which the registration is made, the said board and said city clerk and said county clerk shall respectively deliver to such chairman five copies of each assembly district or ward pamphlets for each election district within such assembly district or ward in such county. Two pamphlets containing the lists of the registered persons in the election districts within his precinct shall be fur- 38 The Elkctiox Law. § ^3 nished to each police captain in such cities, and it shall be the duty of such police captains to forthwith cause an investigation of each name registered therein to be made and to report to his commanding ofQcer and to the board of elections any case of false registration found in his precinct. The remaining pamphlets so printed shall be distributed in the discretion of the said board, and said city clerk and said county clerk, who shall have respectively the power to charge for each pamphlet a sum not exceeding ten cents a copy and any moneys resulting from the sale thereof shall be paid to the comptroller of the city fop the benefit of the treasury of such rity. The board of elections shall contract for the printing of such lists of registered voters with whomsoever it may seem to said board to be most advan- tageous to so contract, but such contract shall only be awarded after proper public notice and to the lowest bidder. Such lists shall be made and printed as near as may be in the following form, to wit: GRAND STREET. Residence number or other designation. Name of voter. 14. Smith, John M. 15. Jones, Charles M. {Thus amended lyy chap. 95, L. 1901.) § 33. Method of registration. — Subdivision 1. In cities and in villages having five thousand inhabitants or more, the names of such persons only as personally appear before the inspectors, and who are or who will be at the election for which the registration is made, qualified electors, shall be enrolled upon the register at a meeting for registration for a general election, except that when- ever any election district in a village having five thousand inhabi- tants or more shall embrace within its boundaries, territory with- out the limits of such village, the inspectors shall, at their first meeting for registration for a general election, place upon such register the names of all persons appearing on the register of the last preceding general election^ who resided without the limits of such village, but within the election district, who voted at such § 33 Registration op Electors. 89 last preceding general election, except the names of such electors who are proven to the satisfaction of such inspectors to have ceased to be electors since such general election, or have moved within the limits of such village. They shall also place upon such register, at their first and subsequent meetings, the names of all other persons known or proven to their satisfaction, who are or will be entitled to vote at the election, who reside within such election district, but without the limits of such city or vil- lage. Subdivision 2. At the first meeting for registration in all election districts where only two meetings for the enrollment of electors are held for any general election, as provided in section thirty of the election law, the inspectors shall at such first meeting, place upon the register the names of all persons who voted at the last preceding general election, as shown by the register or poll book of such election, except the names of such electors as are proven to the satisfaction of such inspectors to have ceased to be electors in such district since such general election, and also at said first meeting and at the second meeting, they shall place on the register the names of all persons known or proven to the satisfaction of the inspectors, who are, or will be, entitled to vote at the election for which such registration is made. {Benumiered ly chap. 630, L. 1899.) Subdivision 3. At the meeting of the board of inspectors in a city or village having five thousand inhabitants or more, for revising and correcting the register for any election other than a general election, the inspectors shall retain upon the register of their respective districts, the names of all persons qualified to vote at such election in such district, which appear upon the register of electors for the last preceding general election in such election district, except the names of such electors as are proven to the satisfaction of the inspectors to have ceased to be electors of such district since their names were placed upon such register, and shall, at such meeting, add only to such register the names of the persons qualified as electors, who shall personally appear before the board. If, however, such elector resides within such election district, but without the limits cf such village his name 40 The Election Law. § ^ shall be placed upon such register, if it is shown to the satisfac- tion of such board that he is entitled to vote therein. In cities of the first class any elector who was enrolled upon the register in an election district of such city at the last preceding general election, and who since that time shall have removed into another election district in the same city, and who is otherwise quali- fied to vote at such special election, shall, upon demand, receive from the board of inspectors of the district in which his name was enrolled for such last preceding general election, a certifi- cate duly signed by the said board of the fact that his name was upon such register, and has been erased therefrom because of such removal, and his name shall thereupon be erased from such register. Upon presentation of such certificate by the elector to the board of inspectors of the election district in which he re- sides, his name shall be placed upon the register for such district. The inspectors must note upon the register opposite the name of such elector, the fact of such certiflciate of removal, specifying, the election district from which he has removed. They shall carefully attach such certificate to the register. No elector shall cause his name to be placed upon the register of an election district for any election other than rs providing ballots and stationery. 87. Distribution of ballots and stationery. 88. Errors anil omissious in ballots. 89. Unoliicial ballots. §§ 80, 81 Official and Sample Ballots, etc. 73 § 80. Official ballots for elections. — OfiScial ballots shall be provided at public expense at each polling place for every elec- tion at which public officers are tO' be elected directly by the people, except an election of school district ofScers or school offlcers of a city or village at which no other public ofQcer is to be elected, and except an election of offlcers of a fire district outside of cities and incorporated villages, at which excepted elections any form of ballots which may be adopted and used by the meeting at which such election shall be had shall be legal. {Thus amended ly chap. 609, L. 1897.)" § 81. Form of general ballot.— -There shall be provided at each polling place at each election at which public officers are voted for, but one form of ballot for all the candidates for public office, and every ballot shall contain the names of all the candi- dates whose nominations for any office specified on the ballot have been duly made and not withdrawn, as provided in this act, together with the title of the office arranged in tickets under the titles of the respective political parties or independent bodies, as certified in the certificates of nomination. All ballots shall be printed in black ink on clear white, book paper, free from ground wood^ five hundred sheets of which, twenty-five by thirty- eight inches in size, shall weigh sixty pounds, and which shall test for that size and weight at least twenty points on a Morrison tester. Every such ballot printed in accordance with the pro- visions of this act, shall contain a party device for each political party represented on the ticket in accordance with the provisions of section fifty-six of this act. The arrangement of the ballot shall, in general, conform as nearly as practicable to the plan hereinafter given. The list of candidates of the several parties shall be printed in parallel columns, each column to be headed by the chosen device of such party, and the party name or other designation in such order as the secretary of state may direct, precedence, however, being given to the party which polled the highest number of votes for governor at the last preceding gen- eral election for such officer, and so on. The number of such columns shall exceed by one the number of separate tickets of 74 The Election Law. S ^^ eandidatea to be voted for at the polling place for which the ballot ia provided, except as otherwise provided in this section. The party name shall be printed in display, the name or desig- nation of the office in brevier lower case, and the name of the candidate therefor in brevier capital type. The title of the office, together with the name of the candidate therefor shall be printed in a apace one-half inch in depth, and at least two inches in width defined by light horizontal ruled lines, with a blank space on the left thereof, one-fourth of an inch wide, inclosed by heavier dark lines, which space (called the voting space) shall be of the same depth as the space containing the title of the office and the name of the candidate; provided, however, that when two or more persons are to be voted for, for the same office, for the same term, on the same party ticket, as for Instance, presidential electors, the title of the office shall be printed in the first space only, which space shall be half an inch in depth and the several spaces in which only such candidates' names are printed, and the voting spacea'to the left thereof, shall each be one-fourth of an incTi in depth between the horizontal ruled lines. On the right of each ballot shall be a column in which shall be printed only the titles of the offices for which candidates may be voted for by the electors at the polling place for which the ballot is printed. Such column is designated as the "blank column," and in such column the voting spaces shall be omitted, but in all other re- spects such blank column shall be a duplicate of the political party columns upon such ballot. In the space of such column above the heavy ruled line shall be printed in great primer Roman condensed capitals the words "blank column," and below such words shall be printed in brevier capital type the follow- ing: "The elector may write in the column below, under the title of the office, the name of any person whose name is not printed upon the ballot, for whom he desires to vote." At elections at which presidential electors are to be voted for, the names of the candidates for president and vice-president shall be placed on the ticket immediately below the name of the party making the nominations, and above the heavy ruled line preceding the § 81 Official and Sample Ballots, etc. 75 names of the presidential electors, and shall be printed In type known as great primer Roman condensed capitals. The heading of each party ticket, Including the' name of the party, the device above, and the circle between the device and such name, shall be separated from the rest of the ticket by a heavy printed line, and the circle above the name of the party shall be defined by heavier lines than the lines defining the blank spaces before the names of candidates, and such circle shall be surrounded by the following, printed in heavy faced nonpareil type: "For a straight ticket, mark within this circle." Provided, however, that in the case of nominations provided for in section fifty-seven of this act, designated as "independent nominations," the ballot shall be so arranged that at the right of the last column for nominations designated in section flity-six as "party nomina- tions," the several tickets of the names of the candidates independently nominated shall be printed In one or more columns according to the space required, having above each of the tickets the political or other name selected to designate such independ- ent nominations, and the circle and also the device or emblem to represent and distinguish the candidates of the several inde- pendent bodies making such nominations. The independent tickets occupying the same column shall be separated from each other by a solid black line one-eighth of an inch wide. At the top of the column, and above the first emblem in each of such columns for independent nominations, shall be printed in type Icnown as great primer Roman condensed capitals the words "independent nominations." Each column upon the ballot shall be bordered on either side by a broad solid printed line one- eighth of an inch wide and the edge of the ballot on either side shall be trimmed off up to the border or solid line described. The ballots shall be so printed as to give each elector a clear opportunity to designate by a cross X mark In a large blank circle three-quarters of an inch in diameter, below the device, and above the name of the party at the head of the ticket or list of candidates, his choice of a party ticket and desire to vote for each and every candidate thereon, and by a cross X mark In a 76 The Election Law. § 81 blank inclosed space, heretofore designated as the voting space, on the left of and before the name of each candidate, his choice of particular candidates. The ballot shall be printed on the same leaf with a stub, and separated therefrom by a perforated line. The part above the perforated line designated as the stub shall extend the entire width of the ballot, and shall be of sufficient depth to allow the instructions to voters to be printed thereon, such depth to be not less than two inches from the perforated line to the top thereof. Upon the face of each stub shall be printed in type known as brevier capitals the following: "This ballot should be marked in one of two ways with a pen- cil having black lead. To vote a straight ticket, make a cross X mark within the circle above one of the party columns. To vote a split ticket, that is, for candidates of different parties, the voter should make a cross X mark before the name of each candidate for whom he votes. If the ticket marked in the cir- cle for a straight ticket does not contain the names of candi- dates for all offices for which the elector may vote, he may vote for candidates for such offices so omitted, by making a cross X mark before the names of candidates for such offices on another ticket, or, by writing the names, if they are not printed upon the ballot, in the blank column under the title of the office. To vote for a person not on the ballot, write the name of such person under the title of the office in the blank column. Any other mark than the cross X mark used for the purpose of voting or any erasure made on this ballot, makes it void, and no vote can be counted hereon. If you tear, or deface, or wrongly mark this ballot, return it and obtain another." On the back of the ballot, below the stub, and immediately at the left of the center of the ballot, shall be printed in great primer Roman condensed capitals the words: "Official ballot for," and after the word " for " shall follow the designation of the polling place for which the ballot is prepared, the date of the election, and a fac simile of the signature of the officer who has caused the ballots to be printed. Ballots for town meet- ings not held at the eame time with a general election shall S °2 Official and Sample Ballots, etc. 77 be indorsed "Town," and for village elections, "Village." On the back of the situb, and immediately above the center of the Indorsement upon the back of the ballot, shall be printed the con- secutive number of the ballot, beginning with "No. 1," and increasing in regular numerical order. All of the official ballots of the same sort prepared by any officer or board for the same polling place, shall be of precisely the same size, arrangement, quality and tint of paper, and kind of type, and shall be printed with black ink of the same tint, so that when the stubs numbered as aforesaid shall be detached therefrom, it shall be impossible to distinguish any one of the ballots from the other ballots of the same sort, and the names of all candidates printed upon the ballot shall be in type of the same size and character. If two or more officers are to be elected to the same office for different terms, the terms for which each is nominated shall be printed upon the bal- lot as a part of the title of the office. If at a general election one representative in congress is to be elected for a full term and another to fill a vacancy, the ballots containing the names of the candidates shall, as a part of the title of the office, designate the term to fill which such candidates are severally nominated. When no nomination has been made by a political party, as designated by section fifty-six, for an office to be filled at the election, the title of such office shall be printed In such party column, and underneath such title shall be printed in brevier capital type the words " No nomination." No ticket or list of candidates shall be printed, under the name of any political party or independent body which contains more candidates for any office than there are persons to be elected to such office. For form of ballots where voting machines are adopted, see § 167. For form of pasters for ballots, see § 66, subd. a. § 82. Form of ballot for questions submitted. — Whenever the adoption of a constitutional amendment or any other propo- sition or question is to be submitted to the vote of the electors of the state, or of any district thereof, a separate ballot shall be pro- vided by the same officers who are charged by law with the duty of providing the official ballots for candidates for public office. Such ballots shall comply with the requirements of official bal- 78 The Election Law. § 82 lots, for candidates for public ofQce, in so far as such require- ments are applicable thereto. Under the perforated line shall be cleail3- printed, in brevier lower case type, the question of the adoption of the constitutional amendment or other proposition or question upon which the electors within the district for which such ballot is provided may lawfully vote. If there be more than one constitutional amendment or proposition or question to be submitted to the voters of that district, the different amendments or propositions or questions shall be separately numbered and printed, and separated by a broad solid line one-eighth of an inch wide. Opposite and before each such amendment, question or proposition, so submitted, shall be printed two squares. inclosed in ruled lines, one above the other. Preceding the upper one of such squares shall be printed the words "Yes," and preceding the lower one ot such squares shall be printed the word " No." At the top of each such ballots, immediately above the perforated line, shall be printed in brevier capital type the following words only: "Notice to electors. For an afiBrmative vote upon any question submitted upon this ballot, make a cross X mark in the square after the word ' Yes.' For a negative vote, make a sim- ilar mark in the square following the word ' No.' " All such ballots for the same polling place shall be of the same color and size, and similarly printed, so that, after the removal of the stub, which shall be numbered as in case of ballots for candidates for public office, it shall be impossible to identify or distinguish any one of such ballots from the others. On the back of each such ballot, below the stub, shall be printed in addition to the en- dorsement as prescribed for general ballots, the words " Ques- tions submitted," so as to distinguish the said ballots from the official ballots for candidates for office. Ballots for the submis- sion of town proi>ositions and questions to be submitted at town meetings held on election day, shall be printed in the manner pro- vided by this section, but shall be endorsed " Town proposition submil;ted." All ballots for the submission of town proposi- tions for raising or appropriating money for town purposes, or for incurring a town liability, to be voted at any town meeting in any town, shall be separate from all other ballots for the sub- § 83 Official and Sample Ballots, eto. 79 mission of otlier propositions or questions to the electors of such town to be voted at the same town meeting or election. Such ballots shall be in the form prescribed in this section and shiaJl be endorsed " propositions for town appropriations." {Thus amended by chap. 598, L. 1901.) § 83. Sample ballots and stationery. — Sample ballots, equal in number to twenty-five per centum of the number of ofScial bal- lots provided therefor, shall also be provided for every polling place for which oflQcial ballots are required to be provided. Such sample ballots shall be printed on paper of a different color from the official ballot, and without numbers on the stubs, but shall, in all other respects, be precisely similar to the ofiScial ballots to be voted at that polling place. One of such sample ballots shall at any time on the day of election, be furnished upon application to any elector entitled to vote at that polling place, and may be taken by him away from such polling place before receiving his official ballot or ballots. Twelve instruction cards, printed in English, and twelve printed in each of such other languages as the oflScer or officers charged with providing them shall deem neces- sary, shall also be provided for each such polling place, contain- ing in dear, large type, full instructions for the guidance of electors in obtaining ballots for voting, In preparing their ballots for deposit in the boxes. In returning their ballots to the ballot clerks, and in obtaining new ballots in place of those returned, and, in smaller sized type, a copy of each of the sections of the penal code relating to crimes against the elective franchise. There shall also be provided two poll-books, a suitable number of mark- ers, designated as "distance markers," to indicate the distance of one hundred feet from the polling place, two tally sheets and three complete election return blanks for the use of inspectors and bal- lot clerks in the forms hereinafter provided, heavy manila envel- opes for statements and returns, sealing wax, pencils having black lead only, pens, penholders, blotting paper and ink. All such ar- ticles herein enumerated are hereby designated as " stationery." Manner of distribution of ballots and stationery provided for in § 87. Sample ballots and stationery where voting machines axe adopted, §§ 168, 169, 170, 171. 80 The Election Law. § 84 § 84. Blank forms for election officers. — The officers charged with the duty of furnishing olHcial ballots shall furnish to the board of inspectors of each election district, two tally sheet blanks, three ballot return sheet blanks, three election return sheet blanks, one of which shall be endorsed " original return," the other " copies of the original return," three blanks for the report of assisted and challenged electors, which blanks shall be delivered to such board of inspectors as elsewhere provided. Tally sheets.— The tally sheet blanks shall be printed as nearly as possible in the following form; §84 Official and Sample Ballots, etc. 81 oM-V 03 0.-J SI a) HuJS 1 a" '. ■« £??" ^|| M nl U M ni V3 (2 3. •Joj paijanoo -OB s^OTi^q JO Jsqoinn iwjox S s 8 ■sjouBQ pioA JO jaqumu iwiox o o o •sjonuq 3|OTiq AuoiiAv JO jgquina i^iox " ■" m •S90HJ0 SniMOUo; oqj .loj pa^nnoo sbav 950a ou qoiUM. uo ain-Biq ^uoqAA. !»ou B^oiiiEq 30 Jtaquina ib^ox 'e^Bpipnvo qo'ea joj paaunoD pn-e ^s-eo sajOA JO jaqoinp I'bjox •sjon^q %na 33 gxi-w £5S" o car on the official ballot, eo that the names of all candidates for the same office shall be upon the same line. Opposite and to the right of each party or independent ticket or list of candidates, shall be a column headed " Number of votes cast, and counted for each candidate on straight ballots," In which column and opposite every name, shall be entered the number of straight party votes counted (which number is the same for every candidate of that party). To the right of such column there shall be another column headed, " Number of votes cast and counted for each candidate on split ballots," and in such column shall be entered by single marks, grouped into five marks, the votes canvassed for such can- didates on the split ballots. To the right of such column shall be another column heaxled, " Total number of votes cast and counted for each candidate," in which shall be entered, opposite the name of each candidate, the total number of votes cast and counted for such candidate on both straight and split ballots. To the right of the last column for entering the total vote cast for candidates of any party, shall be a column headed, " Total number of ballots, not wholly blank, on which no vote was counted for the following offices," and in such column shall be entered opposite the titles of the respective offices, by single marks, the number of ballots on which no vote was cast for any candidate for such office. To the right of such column shall be another column headed, " Total number of wholly blank ballots," in which column shall be entered opposite the title of each office the number of ballots found to be wholly blank. To the right of such column shall be another col- umn headed, "Total number of void ballots," in which column shall be entei-ed opposite each title of each office the number of § 84 Official and Sample Ballots, etc. 83 ballots which were rejected as void. At the extreme right of such sheet there shall be a column headed, "Total number of ballots accounted for," in which shall be entered opposite each ofQce the sum of the total vote cast. for all candidates for the office, together with the n'lmber of ballots not wholly blank, on which no vote was counted for that of&ce, the total number of wholly blank, and the total number of void ballots, and the votes cast, if any, for candidates for such office whose names are not printed upon the ballot. Such sum must equal the number of ballots voted, as shown by the ballot clerks' return of ballots, and if it does not^ there has been a mistake in the count, and the ballots must be recounted for such office. In case a person is voted for whose name is not printed on the ballot, the poll clerks, who shall keep the tally sheets, shall enter such name and the votes therefor on the tally sheet. The method of counting the votes shall be as pro- vided in section one hundred and ten of the election law. Sample. Form of ballot return to be prepared by the ballot clerks, and attached to the original statement of canvass made by the inspectors and to each copy, in compliance with subdivision two of section one hundred and three of the election law: 1. The number of full sets of oflflcial ballots furnished to election district number (five) of the (town of Canan- daigua), county of (Ontario), were 800 2. The number of sets of official ballots cancelled before delivery to voters by reason of one or more of the set being found defective in printing or mutilated, all of which were destroyed by us, were 5 3. The number of sets of official ballots spoiled and returned by voters, all of which were destroyed by us, were .... 10 4. The number of sets of official ballots returned to the county clerk or other officer, unused, were 300 84 Thbj Election Law. § 84 5. The number of sets of official ballots actually voted were ^85 6. Total sets of official ballots accounted for are 8D0 7. The number of sets of detached stubs, were 500 8. The number of sets of stubs on unused ballots were 300 9. The total sets of stubs accounted for are 800 We hereby certify that the foregoing ballot return for election district number (five) of the (town of Canaudaigua), county of (Ontario), for the election held November (5th, 1895), is correct. (Signed.) Ballot Clerks. Sample. Inspectors' returns and statement of canvass. — Original official statement of the result of a (general) election, held on the (fifth) day of November (1895), in the (fifth) elec- tion district of the (town of Canandaigua)^ county of (Ontario), state of New York, made by the inspectors of election in and for said district, which return is made as provided in section one hundred and eleven of the election law. RETURN OF BALLOTS VOTED, 1. The whole number of general ballots actually voted, as verified by the return of the ballot clerks attached hereto were (four hundred and eighty-five) 485 2. The number of general ballots cast and found to be entirely blank, all of which were returned by us to the ballot box, were (five) 5 3. The number of general ballots cast which were rejected by us as "void" and on which no vote was counted for any candidate, all of which are in the sealed pack- age returned herewith, and on each of which ballot is indorsed the reason for such rejection, were (ten) . . lo § 84 Official and Sample Ballots, etc. 85 4. The number of general ballots cast on which votes were counted for one or more candidates, all of which were returned to the ballot box (except those protested as being marked for identification), were (four hundred and seventy) 470 5. The total number of ballots accounted for by us are. . 485 We certify the foregoing statement of ballots voted is cor- rect in all respects. Dated, this (fifth) day of November, (1895). Board of Inspectors. Statement and Eetum of the Votes for the Office of (Governor) . 1. The number of ballots cast on which votes were counted for any candidate for office were (four hun- dred and seventy) 470 2. The number of ballots cast and counted on which there was no vote for the office of (governor) were (five) .... 5 3. The whole number of ballots on which votes were counted for the office of (governor) were (four hun- dred and sixty-five) 465 4. Of which (Levi P. Morton) received (three hundred) 300 5. (David B. Hill) received (one hundred and sixty-five). . . 165 Total 465 Statement and Return of the Votes for the Office of (Lieutenant- Governor) . 1. The whole number of ballots cast on which votes were counted for any candidate for office were (four hun- dred and seventy) 470 86 The Election Law. § 8i 2. The number of ballots cast and counted on wliicli there was no vote for the ofiQce of (lieutenant-governor) were (seven) '^ 3. The whole number of ballots on which votes were counted for the office of (lieutenant-governor) were (four hundred and sixty -three) ^03 4. Of which (Charles T. Saxton) received (three hundred and three) 303 5. (William F. Sheehan) received (one hundred and sixty). . 160 Total 4G3 Statement and Return of the Votes for the Office of (County Clerk). 1. The whole number of ballots cast on which votes were counted for any candidate for office were (four hun- dred and seventy) 470 2. The number of ballots cast and counted on which there was no vote for the office of (county clerk) w6re (ten) 10 3. The whole number of ballots on which votes were counted for the office of (county clerk) were (four hundred and sixty) 460 4. Of which (John Doe) received (three hundred and fifteen) 315 5. (Eichard Roe) received (one hundred and forty -five). ., . 14.^ Total 460 The number of general ballots "protested as marked for identification " (all of which ai e in the sealed package returned herewith together with the void ballots) each, of which have been indorsed by us "protested as^-marked for identification," § 84 Official and Sample Ballots, etc. 87 the mark or marking to which objection was made being specified upon the back of each such ballot, and all of which were counted for the several candidates voted thereon In the foregoing returns, were (three) , 3 But such number does not Include any ballot which was re- jected by ua as void. Such ballots are included in our return as " void " ballots on which no vote for any candidate was counted and are marked upon the back thereof " void " and indorsed with the reason for so declaring them. They are in the sealed pacltages returned herewith together with the ballots " protested as being marked for identification." We certify the foregoing statement is correct in all respects. Dated this (fifth) day of November, 1895. Board of Inspectors. Note. — A similar certificate is to be made at the bottom of each sheet or half sheet of this return. If ballots are voted on any constitutional amendment or question or proposition sub- mitted, a similar return is to be included. Two certified copies of this original statement and return are to be made. Blank for the Report of Assisted and Challeng^ed Electors. Three blank statements in the following form shall also be furnished to each board of inspectors, which shall, at the close of the election, be filled by them, and one original statement shall be attached to the original return, and a copy thereof to each copy of the original return. 1. The names of persons who were challenged, and the chal- lenge not withdrawn, were. . . ., , in all, three. . . .(3) 2. The names of persons who received assistance on account of physical disability, were. «. .,. ., in all, five. . . .(5) 88 The Election Law. §§ 85, 86 3. The names of persona who received assistance on account of being unable to write by reason of illiteracy, were , in all, two i") We certify the foregoing statement is correct. Dated this (fifth) day of November, 1895. Board of Inspectors. § 85. Number of ofiScial hallots. — The number of oflQcial bal- lots of each kind to be provided for each polling place for each election to be held thereat, except a village election held at a differ- ent time from a general election, shall* be one and one-half times as many ballots as near as may be as there were names of electors on the register of electors of such district for such election at the close of the fourth meeting for such registration. In cities of the first class the officer or board charged with the duty of furnishing ofiQcial ballots shall furnish one and one-half times as manyofScial ballots as near as may be of each kind to be provided for such election as there are electors entitled to vote thereat, as nearly as can be estimated by such officer or board. When but two days of registration are required there shall be a number equal to one and one-half times, as near as may be, the number of names upon the register at the close of the second meeting for registration. The number of oiBcial ballots of each kind to be provided for each polling place for a town meeting, held at any time or a village or city election held at a different time from a general election, shall be one and one-half times as near as may be the number of persons who will be entitled to vote thereat, as nearly as can be estimated by the officer charged with the duty of providing such ballots. (Thus amended ly chap. 381, L. 1900.) § 86. Oficers providing ballots and stationery. — The clerk of each county, except those counties the whole of which are § 86 Official amd Sample Ballots, eto. 89 within the city of New York, shall provide the requisite number of oflScial and sample ballots, cards of instruction, two poll booHa, distance markers, two tally sheets, inspectors' and ballot clerks' return sheets (three of each kind, and one of each to be marked "original")^ pens, penholders, ink, pencils having black lead, blot- ting 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, for each election district in such county and not within the city of New York, for each election to be held thereat, except that when town meetings, city or village elections and elections for school oflQcers are not held at the same time as a general election the clerk of such town, city or village, respectively, shall provide such ofiQcial and sample ballots and stationery for such election or town meeting. If the town meet- ing is held on general election day ballots and sample ballots for town propositions shall be provided by the town clerk in like manner and in the same form as at a town meeting held at any other time and such town clerk shall also furnish inspectors' and ^ballot clerks' return sheets for making returns on town propositions or questions. In towns in which town meetings are held at the time of the general elections, the names of candidates for town offices shall be printed on the same ballots as the names of candidates for other offices voted for in such towns at such general elections. And the board of elections of the city of New York shall provide such articles for each election to be held in said city. Each officer or board charged with the duty of providing official ballots for any polling place, shall have sample ballots and official ballots provided, and in the possession of such ofScer or board, and open to public inspection as follows: The sample ballots five days before the election, and the ofiacial 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 ofiicial ballot shall be so printed and in possession at least one day, and the sample ballots at least two days before &0 The Election Law. § ^^ such election or town meeting. During the times within which the same are open for inspection as aforesaid, it shall be the duty of the officer or board charged by law with the duty of preparing the same, to deliver a sample ballot of the kind to be voted in hia district to each qualified elector who shall apply therefor, so that each elector who may desire the same may obtain a sample ballot, similar except as regards color and the number on the stub, to the official ballot to be voted at the polling place at which he is entitled to vote. {Thus amended by chap. 405, Z. 1902.) § 87. Distribution of ballots and stationery.— The county clerk of each county except those counties which are wholly within the city of New York, shall deliver at his office to eacli town or city clerk in such county, except in New York city, on the Saturday before the election at which they may be voted, the official and sample ballots, cards of instructions and other sta- tionery required to be provided for each polling place in such town or city for such election. It is hereby made the duty of each such town or city clerk to call at the ofQce of such county clerk at' such time and receive such ballots and stationery. In the city of New York the board required to provide such ballots and sta- tionery 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 packages, clearly marked on the out- side thereof with the number and kind of ballots contained there- in and indorsed with the designation of the election district for which they were prepared. The instruction cards and other sta- tionery provided for each election district shall also be enclosed in a sealed package or packages, with a label on the outside thereof showing the contents of each such package. Each such 8 88 Official asd Sample Ballots, kto. 91 town and ciiy clerk receiving such packages shall cause all such packages so received and marked for any election district to be delivered unopened and with the seals thereof unbroken to the inspectors of election of such election district one-half hour be- fore the opening of the polls of such election therein. The in- spectors 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 oflQce of such clerk or board. Town, city and village clerks required to provide the sajae for town meetings, city and village elections held at differ- ent times from a general election, and the board of the city of New York required to provide the same for elections held there- in, respectively, shall in like manner, deliver to the inspectors or presiding ofQcers 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. (Thus amended by chap. 379, L. 1897.) § 88. Errors and omissions in ballots. — Upon affidavit, pre- sented by any elector, that an error or omission has occurred in the publication of the names or description of the candidates nominated for office, or in the printing of sample or ofilcial bal- lots, the supreme court, or a justice thereof, may make an order, requiring the county clerk or other officer or board charged with the duty in respect to which such error or omission occurs, to correct such error, or show cause why such error should not be corrected. The county clerk or such other officers or boards shall, upon their own motion, correct without delay any patent error in the ballots which they may discover, or which shall be brought to their attention, and which can be corrected without interfering with the timely disti-ibution of the ballots to the in- spectors for use at such election. 92 The Elkoxion Law. § 89 § 89. TTnofficial ballots.— If the official ballots required to be furnished 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, shall cause other ballots to be prepared as nearly in the form of the official ballots as practicable, but without the indorse- ment, and upon the receipt of ballots so prepared from such clerk or board, accompanied by a statement under oath that the same have been so prepared and furnished by him or them, and that the official ballots have not been so delivered, or have been lost, destroyed or stolen, the inspectors of election shall c»use 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 CO substituted shall be known as unofficial ballots. Similar provisions for use of unofficial ballots where not delivered at opening of polls or supply exhausted. See § 107. Unofficial ballots when voting machines are adopted. See S 172. ARTICLE V. Conduct of Elections and Canvass of Votes. Section 100. Opening the polls. 101. Persons within the guard-rail. 102. Watchers; challengers; electioneering. • 103. General duties of election officers. 104. Delivery of ballots to electors. 105. Preparation of ballots by electors. 106. Manner of voting. 107. When unofficial ballots may be voted. 108. Challenge and oaths. 109. Time allowed employes to vote. 110. Method of canvass. 111. Original statement of canvass and certified copies. 112. Proclamation of result. 113. Delivery and filing of papers relating to the election. 114. Judicial investigation of ballots. § 100. Opening the polls.— The inspectors of election, poll clerks and ballot clerks of each election district shall meet at the polling place therein at least one-half hour before the time set for opening the polls at each election for which official ballots are required to he provided, and shall proceed to § 100 CoNDiroT OF Elections and Canvass of Votes. 93 arrange the space within the guard rail and the furniture thereof^ including the voting booths, for the orderly and legal conduct of the election. The inspectors of election shall then and there have the ballot boxes required by law for the recep- tion of ballots to be voted thereat; the box for the reception of ballots found to be defective in printing or mutilated, before delivery to, and ballots spoiled and returned by elect- ors; the box for the stubs of voted and spoiled ballots, the sealed packages of oflBcial ballots, sample ballots and instruc- tion cards and distance markers, poll books, tally-sheets, return sheets and other stationery required to be delivered to them for such election; and if it be an election at which registered electors only can vote, the register of such electors required to be made and kept therefor. The inspectors shall there- upon open the sealed packages of instruction cards and cause them to be posted conspicuously, at least one, and if printed in different languages, at least one of each language, in each of the voting booths of such polling place, and at least three of each language in which they are printed in or about the polling place; shall open the sealed packages of ofificial ballots and sam- ple ballots, and place them in charge of the ballot clerks, and shall place the poll-books in charge of the poll clerks, and shaJl cause to be placed at a distance of one hundred feet from the polling place the visible markers designated herein as " distance markers," to prohibit " loitering or electioneering " within such distance. They shall also, before any ballots are cast, see that the voting booths are supplied with pencils having black lead only, unlock the ballot boxes, see that they are empty, allow the watchers present to examine them, and shall lock them up again while empty in such manner that the watchers present and per- sons just outside the guard-rail can see that such boxes are empty when they are relocked. After such boxes are so relocked they shall not be unlocked or opened until the closing of the polls of such election, and, except as authorized by law, no ballots or other matter shall be placed in them after they are so relocked and before the announcement of the result of such canvass and the 94 The Election Law. §§ lOlf 102 signing of the original statement of canvass and the two certified copies thereof. The instruction cards and distance marliers posted as provided by law shall not be taken down, torn nor de- faced during such election. The ballot clerks, with the official and sample ballots; the inspectors, with such boxes and register of electors, and the poll clerks, with their poll-books, shall be sta- tioned as near each other as practicable within such inclosed space. One of the inspectors shall then make proclamation that the polls of the election are open, and of the time o'clock in the afternoon when the polls will be closed. Duties at opening of polls where ballot machines are adopted. See § 173. ^A'here voting machines are adopted the election officers should meet at least three-quarters of an hour before opening of polls. See § 173 Polls to be opened at 6 a. m. and closed at 5 p. m. See § 3. For arrangement of polling place, see § 17. • Statutory oath to be taken by election officers before opening of polls. See § 104, subd. 2. Vacancies and absences to be supplied before opening of polls. See § 14. One of the Inspectors to be designated to receive the ballots from electors. See i 103. § 101. Persons within the guard-rail. — From the time of the opening of the polls until the announcement of the result of the canvass of the votes cast thereat, and the signing of the official returns or statements of such canvass and the copies thereof, the boxes and all official ballots shall be kept within the guard-rail. No person shall be admitted within the guard-rail during such period, except inspectors, poll clerks, ballot clerks, duly author- ized watchers, persons admitted by the inspectors to preserve or- der or enforce the law, persons duly admitted for the purpose of voting; provided, however, that candidates for public office voted for at such polling place may be present at the canvass of the votes. § 102. Watchers; challengers; electioneering. — Each politi- cal party or independent body duly filing certificates of nom- ination of candidates for offices to be filled at any such election, may, by a writing signed by the duly authorized county, city, towu, or village committee of such political party or independent § 103 Conduct of Elections and Canvass of Votes. 95 body, or by the chairman or secretary thereof charged with that duty and delivered to one of the inspectors of election, appoint not more than two watchers to attend each polling place thereof. Such committee, chairman or secretary thereof for a city, county, town or village shall not appoint watchers for any polling place outside of such city, county, town or village, respectively. Such watchers may be present at such polling place, and within the guard-rail, from at least fifteen minutes before the unlocking and examination of any ballot box at the opening of the polls of such election until after the announcement of the result of the canvass of the votes cast thereat, and the signing of the original statement of canvass and copies thereof by the inspectors. A reasonable number of challengers, at least one person of each such party or independent body, shall be permitted to remain just outside the guard-rail of each such polling place, and where they can plainly see what is done within such rail outside the voting booths, from the opening to the close of the polls thereat. No person shall, while the polls are open at any polling place, do any electioneer- ing within such polling place, or within one hundred feet there- from, in any public street, or in any building or room or in a pub- lic manner, and no political banner, poster or placard shall be al- lowed in or upon such polling place during any day of registra- tion (w of the election. Watchers allowed to examine ballot boxes before opening of polls. See I 100. Ballots cast to be exhibited to watchers upon request. See § 110, subd. 3. § 103. General duties of election officers. — Subdivision 1. One of the inspectors of election at each polling place shall be desig- nated by the board of inspectors of election to receive the ballots from the electors voting; or if the majority of the inspectors shall not agree to. such designation, they shall draw lots for such posi- tion. If it be an election for which electors are required to be registered, the other inspectors shall before any ballots are de- livered by the ballot clerks to an elector, ascertain whether he is duly registered. The ballot clerks shall not deliver any ballot to 96 The Election Law. § 1^3 such elector until the inspectors announce that he' is so regis- tered. As each elector votes, the inspectors shall check his name upon such register and shall enter therein in the column provided therefor opposite the name of such elector, the consecutive num- ber upon the stub of the ballot or set of ballots voted by him. The inspector shall forthwith upon detaching the stub from any official ballot deposit the same in the box provided for detached stubs. In all proceedings of the inspectors acting as registrars, inspectors or canvassers, they shall act as a board, and, in case of a question arising, as to matters which may call for a deter- mination by them, a majority of such board shall decide. Subdivision 2. In addition to the duties hereinbefore enjoined upon them, the ballot clerks shall deliver official ballots to the electors in such order that the numerical order of the numbers printed on the stubs of the ballots so delivered, shall be the same as the order of the successive deliveries thereof, the ballot num- bered one on the stubs being first delivered and so on. If, in addition to the general ballots there shall be a ballot containing a proposed constitutional amendment or other proposition or question, the ballots shall be delivered to the electors in such order that the numbers upon the stubs of both ballots so delivered shall be the same. If, in a case where more than one ballot is to be voted, the elector shall spoil one of a set of ballots, and shall be entitled to receive a new set under the provisions of this act, he shall return the spoiled set to the ballot clerks before new bal- lots are furnished to him. In case one of a set of ballots bearing the same number Shall be found defective in printing or muti- lated before the same is given to the elector, both ballots of that number shall have the stubs removed therefrom by the ballot clerks and such ballots shall be deposited in the box for spoiled and mutilated ballots, and the stubs in the box for detached stubs, and a memorandum shall be made by the ballot clerks of the number on such ballots and the fact that the set was not de- livered to electors because defective in printing or mutilated. The ballot clerks shall, upon the delivery of official ballots to each § 103 Conduct ok ELKUTio^iS and Canvabs of Votes. 97 elector, announce the elector's name and the number printed on the stub of each ballot so delivered. Upon the return of a ballot or set of ballots to them unvoted by any elector, they shall an- nounce the name of the elector returning them and the printed number on the stubs of the ballots so returned, and shall at once remove the stubs from such returned ballots and deposit such stubs in the box for detached stubs, and such ballots in the box for spoiled and mutilated ballots. A memorandum shall be made by them of the number on such ballots, and of the fact that they Vi^ere returned spoiled by electors. Th^y shall immediately upon the closing of the polls take from the box containing them the spoiled and mutilated ballots, and after comparing the number thereof with the record of the same, made during the day, shall destroy them; and shall thereupon prepare and sign a written statement or return of ballots in the form provided for in sec- tion eighty-four of the election law. The original statement so made by them shall be attached to the original statement of the canvass made by the board of inspectors and a copy thereof to each copy of such original statement of canvass. They hall in- close all unused ballots, and all detached stubs, in a sealed pack- age, and deliver the same to the chairman of the board of in- spectors. No ballot clerks where voting machines are adopted. See § 181. Subdivision 3. Each poll clerk at each polling place for which oflflcial ballots are required to be provided, shall have a poll book for keeping the list of electors voting or offering to vote thereat at the election. Such book shall have six columns headed re- spectively, "Number of elector," "Names of electors," "Residence of electors," "Number of ballots delivered to electors," "Number of ballots voted," and "Remarks." Upon each delivery of an oflfl- cial ballot or set of oflScial ballots by the ballot clerks to an elector, each poll clerk sh: 11 enter upon his poll-book in the appro- priate column, the number of the elector, in the successive order of the delivery of ballots thereto, the name of the elector, in the alphabetical order of the first letter of his surname, his residence by street and number, or if he have no street number, a brief de- 7 98 THJi Elkction Law. § 1^^ sciiption of the locality thereof, the piiuted number upon the stub of the ballot delivered to such elector, aud the number ou the ballots voted by him. If the ballot or set of ballots delivered to any elector shall be returned by him to the ballot clerk, aud he shall obtain a new ballot or set of ballots, the poll clerks shall write opposite his name on the poll-books, in the proper column, the printed number on the stubs of such ballot or additional set of ballots. Each poll-clerk shall make a memorandum upon his poll-book opposite the name of each person who shall have been challenged and taken either of the oaths prescribed upon such challenge, or who shall have received assistance in preparing his ballot and shall also enter upon the poll-book opposite the name of such person the names of the election officers or persons who render such assistance, and the cause or reason assigned for such assistance by the elector assisted. As each elector offers his bal- lot or set of ballots which he intends to vole to the inspector, each poll clerk shall report to the inspectors whether the number en- tered on the poll-book kept by him as the number on (he ballot or set of ballots last delivered to such elector, is the same as the number on the stub of the ballot or set of ballots so offered. As each elector votes, each poll clerk shall enter in the proper column on his poll-book the number on the stub of the ballots voted. Upon the close of the polls of the election, the poll clerks and inspectors shall compare the poll-books with the registers and correct any mistakes found therein. The poll clerks shall also during the canvass of the votes, as prescribed by section one hun- dred and ten of the election law, make and complete the tally sheets of the votes in the form provided by section eigh(y-four of the election law. § 104. Delivery of ballots to electors. — Subdivision 1. While the polls of the election are open, the electors entitled to vote and who have not previously voted thereat, may enter within the guard-rail at the polling place of such election foi' the pur- pose of voting, in such order that there shall not at any time be within such guard-rail more than twice as miiny electors as there are voting booths thereat, in addition to the persons lawfully § 104 Conduct of Elections and Canvass op Votes. 99 within such guard-rail for other purposes than voting. The elector shall enter within the guard-rail through the entrance provided, and shall forthwith proceed to the inspectors and give his name, and, if in a city or village of five thousand inhabitants or over, his residence by street and number, or if it have no street number, a brief description of the locality thereof, and if required by the inspectors shall state whether he is over or under twenty-one years of age. One of the inspectors shall there- upon announce the name and residence of the elector in a loud and distinct tone of voice. No person shall be allowed to vote in any election district at any election where electors are required to be registered unless his name shall be upon the registration books of such election district. The right of any person to vote, whose name is on such register, shall be subject to challenge. If such elector is entitled to vote thereat, and is not challenged, or if challenged and the challenge be decided in his favor, one of the ballot clerks shall then deliver to him one offlcial ballot or a set of official ballots, folded by such ballot clerk in the proper manner for voting, which is : First, by bringing the bottom of the ballot up to the perforated line, and second by folding both sides to the center, or towards the center, in such manner that when folded the face of each ballot shall be concealed, and the printed number on the stub and the indorsement on the back of the ballot shall be visible, so the stub can be removed without removing any other part of the ballot, and without exposing any part of the face of the ballot below the stub, and so that when folded the ballot shall not be more than four inches wide. No person other than an inspector or ballot clerk shall deliver to any elector within such guard-rail any ballot, and they shall deliver only such ballots as the voter is legally entitled to vote, and also the sample ballot when the same is asked for. Sample ballots to be delivered to elector upon application and may be taken away from polls before delivery of official ballots. See § 83. Subdivision 2. Any elector who shall, at the time of registra- tion, have made oath of physical debility or illiteracy, as pre- scribed by the third subdivision of section thirty-four of the 100 Thb Election Law. § lOi election law; or, who being duly registered, in an election district where personal registration by all electors is required by law, shall state under oath, to the inspectors of election, on the day of election^ that, by reason of some accident the time and place of which he must specify, or of disease, the nature of which he must also specify, he has since the day upon which he registered, lost the use of both hands, or become totally blind, or afflicted by such degree of blindness as will prevent him, with the aid of glasses, from seeing the names printed upon the official ballot, or so crippled that he cannot enter the voting booth and prepare his ballot without assistance; or any elector in an election dis- trict who is not required by law to personally register, who is unable to write by reason of illiteracy, or is physically disabled in one or more ways described in the third subdivision of section thirty-four of the election law, and who shall make the state- ment under oath to the inspectors in the form required in said subdivision, may choose two of the election officers, both of whom shall not be of the same political faith, to enter the booth with him, to assist him in preparing his ballots. At any town meeting or village election, where the election officers are all of the same political faith, any elector entitled to assistance as herein provided may select one of such election officers and one elector of such town or village of opposite political faith from such election officer so selected, to render such assistance. Such election officers or persons assisting an elector shall not in any manner request or seek to persuade or induce any such elector to vote any particular ticket, or for any particu- lar candidate, and shall not keep or make any memorandum or entry of any thing occurring within such booth, and shall not, directly or indirectly, reveal to any other person the name of any candidate voted for by such elector, or which ticket he has voted, except they be called upon to testify in a judicial proceed- ing for a violation of this act, and each election officer, before the opening of the polls for the election, shall make oath that he " will not in any manner request, or seek to persuade, or in- duce any elector to vote any particular ticket or for any particu- § 105 Conduct of Elections Ax\d Canvass of Votes. 101 lar candidate, and that he will not keep or make any memoranda or entry of anything occurring within the booth, and that he will not^ directly or indirectly, reveal to any person the name of any candidate voted for by any elector or which ticket he has voted, or anything occurring within the voting booth, except he be called upon to testify in a judicial proceeding for a violation of the election law." The same oath shall be taken by any elector rendering such assistance, as provided for above, and any vio- lation of this oath shall be a felony punishable upon conviction by imprisonment in a state prison for not less than two nor more than ten years. No elector shall otherwise ask or receive the assistance of any person within the polling place in the prepa- ration of his ballot, or divulge to anyone within the polling place the name of any candidate for whom he intends to vote or has voted. § 105. Preparation of ballots by electors. — On receiving his ballot the elector shall forthwith and without leaving the in- closed place, retire alone unless he be one that is entitled to assistance in the preparation of his ballot, to one of the voting booths, and without due delay, unfold and mark his ballot as hereafter prescribed. No elector shall be allowed to occupy a booth already occupied by another, or to occupy a booth more than five minutes in case all the booths are in use and electors waiting to occupy the same. It shall not be lawful to make any mark upon the official ballot other than the cross X mark made for the purpose of voting^ with a pencil having black lead, and that only in the circles or in the voting spaces to the left of the names of candidates, or to write anything thereon other than the name or names of persons not printed upon the ballot for whom the elector desires to vote in the blank column under the proper title of the oflSce, with a pencil having black lead, nor shall it be lawful to deface or tear a ballot in any manner, nor to erase any printed .device, figure, letter or word therefrom, nor to erase any name or mark written thereon by such elector. If an elector deface or tear a ballot or one of a set of ballots, or wrongly marks the same, he may successively obtain others, one set at a time, 102 Tin; Election Law. § lUj not exceeding in all three sets, upon returning each set of ballots so defaced or wrongly marked to the ballot clerks. The elector should observe the following rules in marking his ballot: Rule 1. If the elector desires to vote a straight ticket, that is, for each and every candidate of one party for whatever office nominated, he should make a cross X mark in the circle above the name of the party at the head of the ticket. Eule 2. If the elector desires to vote a split ticket, that is, for candidates of different parties, he should not make a cross X mark in the circle above the name of any party, but should make a cross X mark in the voting space before the name of each can- didate for whom he desires to vote on whatever ticket he may be. Rule 3. If the ticket marked in the circle for a straight ticket, does not contain the names of candidates for all offices for which the elector may vote, he may vote for candidates for such offices so omitted by making a cross X mark before the names of can- didates for such offices on other tickets, or by writing the names, if they are not printed upon the ballot, in the blank column under the title of the office. Rule 4. If the elector desires to vote for any person whose name does not appear upon the ballot, he can so vote by writing the name with a pencil having black lead in the proper place in the blank column. Rule 5. The elector can vote blank for any office by omitting to make a cross X mark in any circle, and making a cross X mark in the voting space before the name of any candidate he desires to vote for, except for the office for which he desires to cast a blank vote. Rule 6. In the case of a question submitted, the elector shall make a cross X mark in the blank square space on the right of and after the answer " Yes " or " No," which he desires to give on each such question submitted. Rule 7. One straight line crossing another straight line at any angle within a circle, or within the voting spaces, shall be deemed a valid voting mark. (Thus amended iy chap. 335, L. 1898.) The proper manner of folding ballot for voting described iu § 104, subd. 1. § 106 Oo^DUOT OF Elections and Canvass of Votes. 103 § 106. Manner of voting.— When the ballot or ballots which an elector has received shall be prepared as provided in section one hundred and five of this act, he shall leave the voting booth with his ballot folded so as to conceal the face of the ballot, but show the indorsement and fac simile of the signature of the offlcial 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 oifer the same to such inspector. Such inspector shall announce the name of the elector and the printed number on the stub of the official ballot so delivered to him in a loud and distinct tone of voice. If such elector be entitled then and there to vote, and be not challenged, or if challenged, and the challenge be de- cided in his favor^ and if his ballot or ballots are properly folded, and have no mark or tear visible on the outside thereof, except the printed number on the stub and the printed indorsement on the back, and if such printed number is the same as that entered on the poll-books as the number on the stub or stubs of the official ballot or set of ballots last delivered to him by the ballot clerk, such inspector shall receive such ballot or ballots, and after removing the stub or stubs therefrom, in plain view of the elector, and without removing any other part of the ballot, or in any way exposing any part of the face thereof below the stub^ shall deposit each ballot in the proper ballot box for the recep- tion of voted ballots; and the stubs in the box for detached ballot stubs. Upon voting, the elector shall forthwith pass outside the guard-rail unless he be one of the persons authorized to remain within the guard-rail for other purposes than voting. No ballot without the official indorsement shall be allowed to be deposited in the ballot box except as provided by sections eighty-nine and one hundred and seven of the election law, and none but ballots provided in accordance with the provisions of the election law shall be counted. No official ballot folded shall be unfolded outside the voting booth. No person to whom any official ballot shall be delivered shall leave the space withiii the guard-rail until after he shall have delivered back all such ballots received by him either to the inspectcis or to the ballot clerks, and a 104 The Elkcti .n L^w. §§ l""^' ^^^ violation of this provision is a misdemeanor. Wlien a person shall have received an official ballot from the ballot clerks or inspectors, as hereinbefore provided, he shall be deemed to have commenced the act of voting, and if, after receiving such official ballot, he shall leave the space inclosed by the guard-rail before the deposit of his ballot in the ballot box, as hereinbefore pro- vided, he shall not be entitled to pass again within the guard- rail for the purpose of voting, or to receive any further ballots. § 107. When unofacial ballots may be voted.— If, for any cause, the official ballots shall not be provided as required by law at any piolling place, upon the opening of the polls of an election thereat, or if the supply of official ballots shall be ex- hausted before the polls are closed, unofficial ballots, ])rinted or written, made as nearly as practicable in the form of the official ballot, inay be used. Provisions as to use and preparation of unofficial ballots. Soe § 89. § 108. Challenge.— Subdivision 1. A person may be challenged either when he applies to the ballot clerk for official ballots, or when he offers to an inspector the ballot he intends to vote, or previously by notice to that effect to an inspector by any elector. It shall be the duty of each inspector to challenge every person offering to vote, whom he shall know or suspect not to be duly qualified as an elector, and every person whose right to register as an electbr was challenged at the time of registration, provid- ing such challenge has not previously been withdrawn. In the election districts within the metropolitan elections district whenever a person shall apply to the board of inspectors on I'lcction 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 pre- scribed herein and to read to such applicant each question upon the copy of the challenge affidavit signed at the time of registra- tion by the person upon whose name the applicant desires to vote and the inspectors and viatcliers shall compare the aiiK-virs given to such questions wilh the answers rccoided thereto upon § 108 Conduct of Elections and Canvass of Votes. 105 the copy of said challenge affidavit and shall cSfefuUy compare the description of the person challenged at the time of registra- tion recorded upon the copy of the challenge affidavit with that of the applicant. If there shall be any material diffbrence or conflict between the answers given by the applicant and the answers recorded upon the copy of the challenge affidavit to the questions printed thereon, or in the description of the person challenged and the applicant or, if the applicant shall refuse to answer any question put him or, shall refuse to make such oath his Vote shall not be received and the facts thereof shall be recorded in each such case in the challenge record provided for in subdivision three of this section. If any person other than those persons heretofore provided for, offering to vote at any election shall be challenged in relation to the right to vote thereat, one of the inspectors shall tender to him the following preliminary oath: You do swear (or affirm) that you' will fully and truly answer all such questions as shall be put to you touch- ing your place of residence and qualification as an elector. The inspectors or one of them shall then question the person chal- lenged in relation to his name; his place of residence before he came into that election district; his then place of residence, his citizenship; whether he be a native or naturalized citizen, and if the latter, when, where, and in what court, or before what officer he was naturalized; whether he came into the election district for the purpose of voting at that election; how long he contemplates residing in the election district, and all other matters which may tend to test his qualifications as a resident of the election district, citizenship and right to vote at such election at such polling place. If any person shall refuse to take such preliminary oath when so tendered, or to answer fully any such question which may be put to him, his vote shall be re- jected. After receiving the answers of the persons so chal- lenged, the board of inspectors shall point out to him the qualifi- cations, if any, in respect to which he shall appear to them deficient. {Thus amended, hij chap. 511, L. liJOl.) 106 The Elixtion Law, § 10^* Subdivision 2. General oath. — If the person so offering to vote, shall persii5t in his claim to vote, and the challenge be not withdrawn, one of the inspectors shall then administer to him the following general oath: "You do swear (or aflQrm) 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 chal- lenged for causes stated in section two of article two of thf constitution of this state^ the following additional oath shall be administered by one of the inspectors: " You do swear (or afQrm) 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 the 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." If the person so offering to vote shall be challenged on the ground of having been convicted of bribery or any infamous crime, the following additional oath shall be administered to him by one of the inspectors: "You do swear (or affirm) that you have not been convicted of bribery or any infamous crime, or if so convicted, that you have been pardoned and restored to all the rights of a citizen." If any person shall refuse to take either oath so tendered his vote shall be rejoc-ted, but if he shall take the oath or oaths tendered him, his vote shall be accepted. Subdivision 3. Eecord of persons challenged. — The in- spectors of election shall kc-ep a minute of their i)roceedings in respect to the challenging and administering oallis to persons offering to vote, in whicli shall be entcicd, by one of them, the name of every person who shall be cliallenged or take either of §§109,110 Conduct OF Elections AND Canvass OF YoTEs. 107 suci 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 certiiicate to the effect that the same are all such minutes as to all persons challenged at such election in such district. § 109. Time allowed employes to vote. — Any person enti- tled to vote at a general election held within this state, shall on the day of such election, be entitled to absent himiself from any service or employment in which he is then engaged or employed, for a period of two hours, while the polls of such election are open. If such elector shall notify his employer before the day of such election of such intended absence, and if thereupon two successive hours for such absence shall be designated by the em- ployer, and such absence shall be during such designated hours, or if the employer upon the day of such notice, maizes no designa- tion, and such absence shall be during any two consecutive hours while such polls are open, no deduction shall be made from the usual salary or wages of such elector, and no other penalty shall be imposed upon him by his employer by reason of such absence. This section shall be deemed to include all employes of munici- palities. § 110. Canvass of votes. — Subdivision 1. Preparation for canvass. — As soon as the polls of an election are closed, the in- spectors of election thereat shall publicly canvass and ascertain the votes, and not adjourn or postpone the canvass until it shall be fully completed. Any election ofiflcer who shall sign any crigi- pal statement of canvass, or certified copies thereof, at any place other than the polling place, or at any time other than immedi- ately after the canvass is completed, and any election ofiQcer or person who shall take from the polling place any such statement before it shall have been signed as herein provided, is guilty of a felony, and shall be punished, upon conviction thereof, by i^. [jrisonment in a state prison for not less than two nor more th", five years. The room in which such canvass is made shall i;e clearly lighted, and such canvass shall be made in plain view of 108 The Election Law. §110 the public. It shall not be lawful for any person or persons, dur- ing the canvass, to close or cause to be closed, the main entrance to the room in which such canvass is conducted in such manner as to prevent ingress or egress thereby. When two ballot boxes are provided for the reception respectively of voted general bal- lots and question submitted ballots, the said ballot boxes shall be opened and the ballots therein canvassed in the following order, namely: First, the box containing the general ballots; secondly, the box containing the ballots cast upon any constitutional amendment or other proposition or question. The board of in- spectors shall commence the canvass by comparing the two poll- books with the registers used on election day, as to the number of electors voting at the election, correcting any mistakes therein, and by counting the ballots found in the ballot boxes without un- folding them, except so far as to ascertain that each ballot is sin- gle, and by comparing the number of ballots found in each box with the number shown by the poll-books and the ballot clerks' statement to have been deposited therein. If the ballots found in any box shall be more than the number of ballots so shown to have been deposited therein, such ballots shall all be replaced without being unfolded in the box from which they were taken, and shall be thoroughly mingled therein, and one of the inspectors designated by the board shall, without seeing the same and with his back to the box, publicly draw out as many ballots as shall be equal to such excess and without unfolding them, forthwith de- stroy them. If two or more ballots shall be found in the ballot box so folded together as to present the appearance of a single ballot, they shall be destroyed if the whole number of ballots in such ballot box exceeds the whole number of ballots shown by the poll-books and ballot clerks' statement to have been deposited therein, and not otherwise. If there lawfully be more than one ballot box for the reception of ballots voted at the polling place, no ballot jiroperly indorsed, found in the wrong ballot box, shall be rejected, but shall be placed in its proper box by the inspectors upon the count of the ballots before the canvass, and counh'd in the same i-acncr r.r> if found in the proper ballot bo", if such bal- § 110 Conduct of Elections and Canvass op Votes. 109 lot sliall not, together with the ballots found in the proper ballot box made a total of more ballots than are shown by the poll- books and ballot clerks' statement to have been deposited in the proper bos. No ballot that has' not the official indorsement shall be counted, except such as are voted in accordance with the pro- visions of the election law relating to unofficial ballots. The chairman only of the board of inspectors shall unfold the ballots taken from the ballot box. {Thus amended ly chap. 335, L. 1898.) Subdivision 2. Intent of electors. — Rule No. 1. If the elector shall have made a voting mark in the circle above one ticket only, and no other voting mark appears on other ticket or tickets, and if no name shall ha>ve been written in the blank column^ he shall be deemed to have cast his vote for all the candidates on the ticket so marked in the circle. Rule No. 2. If the elector shall have made a voting mark in the circle above one ticket only, and shall have also made a voting mark or marks in the voting space or spaces before the name or names of a candidate or candidates, only on the ticket so marked in the circle, the voting marks in the spaces before the names of candidates on such ticket shall be treated as surplusage, and his vote shall be deemed to have been cast for all the candidates on the ticket so marked in the circle. Rule No. 3. If the elector shall have made a voting mark in the circle above one ticket only, and shall have also miade a voting mark in the voting space or spaces before the name or names of a candidate or candidates on one or more other tickets, he shall be deemed to have cast his vote for all the candidates on the ticket so marked in the circle, except for those for whom he has indi- cated his intention not to vote, by making a voting mark in the voting space before the name or names of individual candidates, on one or more other tickets, or by writing a name in the blank column; and the candidate or candidates so individually voted for on such other ticket or tickets shall be deemed to be the voter's choice for such office or offices; provided, however^ that: Rule No. 4. When two or more persons are to be voted for for the same otIicL', as two or more justicLS ol the supreme court or liO The Elkct.ox LiW. § HO presidential electors, and the names of the several candidates therefor are printed under the title of the ofQce for which all are running, and the elector shall have made a voting mark in the cir- cle at the head of a ticket, and shall also have made a voting mark in the voting space before the name of one or more of a group of candidaites for such office on other tickets, providing that he shall not have marked the names of two or more of such candidates upon the same line upon the ballot, he shall be deemed to have cast his vote for all the candidates for such office so individually marked and for those marked in the circle, except for those candi- dates under such circle so marked whose names are upon the same line on the ballot as the names of the candidates so individu- ally marked, or written in the blank column, unless in addition to making the voting mark in the circle at the head of the ticket he shall also have made a voting mark before each one of the group of candidates for such office for whom he desires to vote on the ticket so marked in the circle; provided, further, however, that: Eule No. 5. When two or more persons are to be voted for for the same office, as two or more justices of the supreme court or presidential electors, and the names of the several candidates therefor are printed on any ticket under the title of the office for which all are running, and the electors shall have made a voting mark in the circle at the head of the ticket, and shall also have made a voting maik in the voting space before the name of more than one of the group of candidates for such office printed on the same line on the ballot on other tickets, or by writing the name or names of a candidate or candidates in the blank column, he must also indicate by voting marks in the voting spaces on the ticket so marked in the circle the individual candidates of the group of can- didates on such ticket for whom he desires to vote, or his vote shall only be counted for the candidates for such office which are so individually marked on other tickets, or written in the blank column. Eule No. G. If the elector shall have made a voting mark in more than one circle at the head of the tickets, and if on either of such tickets there shall be one or more candidates for office for § 110 Conduct of Electioms and Canvass of Votes. Ill which no other candidate or candidates is or aie named on such other ticket or tickets so marked in the circle his vote shall be counted for such candidate or candidates. Kule No. 7. Subject to the foregoing rules if the elector marks more names than there are persons to be elected to an ofHce, or if for any other reason, it js impossible to determine the elector's choice of a candidate for an oiHce to be filled, his vote shall not be counted for such office but shall be returned as a blank vote for such office. Rule No. 8. In the case of a question submitted, if the elector shall have made a voting mark in the voting space after the printed word " Yes," his vote shall be deemed to be in favor of the adoption of the question submitted; if he shall have made a voting mark in the voting space following the printed word " No " his vote shall be deemed to be against the adoption of the question submitted. Rule No. 9. A void ballot is a ballot upon which there shall be found any mark other than the cross X mark made for the purpose of voting, which voting mark must be made with a pencil having black lead, only in the circles, or in the voting spaces to the left of the names of candidates; or one upon which any- thing is written other than the name or names of persons not printed upon the ballot, for wljom the elector desires to vote, which must be written in the blank column under the proper title of the office with a pencil having black lead; or one which is defaced or torn by the elector; or upon which there shall be found any erasure of any printed device, figure, letter or word, or of any name or mark written thereon, or upon a separate piece of paper or other material enclosed in such ballot by such elector, and upon such ballot no vote for any candidate thereon shall be counted. {Thus amended bij clmp. 654, L. 1901.) Subdivision 3. Method of eountjng. — The method of counting shall be as follows: The straight ballots, that is, the ballots on which all the candidates on one party ticket and no others are voted for shall be separated from the split ballots and counted, and the number of stL-aight party voles for each candidate.shall 112 The Elkction I.aw. S? H" be enieiea in gross oppu.siie his name on eai-h tally sheet by the poll clerk keeping the same. The chairman of the board shall then take the split ballots separately, and announce tlio vote for each candidate on each such ballot, in the order of the offices printed thereon, and each poll clerk shall make an accurate tally of the same. As the votes on each split ballot are counted, such ballot shall be passed to the other Inspectors for verification. The poll clerks shall then add together all the votes for each candidate and the ballots wholly blank and void, together with the ballots on which no votes were counted for any candidate for such ofQce, and shall enter the sum thereof in the proper column on the tally sheet. As soon as the count is completed for each office, the poll clerks shall submit the result to the inspectors for examination, and if found to be correct, the chair- man shall at once announce the result. When a ballot is not void and an inspector of election or other election officer or duly authorized watcher shall, during the canvass of the vote, declare his belief that any particular ballot has been written upon or marked in any way for the purpose of identification, the inspect- ors shall write on the back of such ballot the words " objected to because marked for identification," and shall specify over their signatures upon the back thereof the mark or marking upon such ballot to which objection is made. The votes upon each such ballot shall be counted by them, as if not so objected to. If requested by any watcher the inspectors shall, during the can- vass, exhibit any and all ballots cast at such election or town meeting to such watcher, fully opened, and in such a condition that he may fully and carefully read and examine the same, but snrh inspector shall not allow any such ballot to be taken from his hand. Any person who shall place upon any ballot taken from the ballot box any mark or marking, or who shall tear or deface such ballot with the intent of causing such ballot to be rejected as void, shall be guilty of a felony, and shall be punislud upon conviction therefor by imprisonment in a state prison for a period not less than Ave nor more than ten years. In cities of the first class the chairman of the boa>d of inspectors shall, forth- § HI Conduct of Elections and Canvass of Votes. 113 witli upon llie complelion of the count of votes, and the an- nouncement thereof, deliver to the police officer on duty at such place of canvass a statement subscribed by the board of inspect- ors, stating the number of votes received by each candidate fpr office. Such statement shall forthwith be conveyed by the said officer to the station-house of the police precinct in vehich such place of canvass is located, and he shall deliver the same invio- late 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. 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. {Thus amended by chap. 335, L. 1898.) § 111. Original statement of canvass and certified copies. — Upon the completion of the oanvass, the board of inspectors of election shall make and sign an original statement thereof showing the kind of election, the date when held; the number of the election district; the town or ward, and the city and county in which it was held, on the first page or pages of which there shall be return of the ballots voted, following which there shall be a separate return for each office of the votes cast for each candidate therefor in the form prescribed for such returns and statement in section eighty-four of the election law. At the end of the last detailed statement of votes cast for candidates, they shall add a statement of the number of general ballots protested as " marked for identification," which ballots shall be endorsed by the inspectors " protested as marked for identi- fication," specifying the mark or marking to which objection is made over their signsttures, and all of which shall be counted for the several candidates voted for thereon. The inspectors shall also make as a part of their original statement a return of the number of void ballots rejected by them, and on such ballots no vote can be counted for any candidate. Each such ballfit so declared void by the inspectors shall be indorsed upon the back thereof with the specific reason for such rejection, 8 114 Tiiu Election Law. ^ 111 >Sucli void ballots sliall, together with the ballots which were protested as being marked for identification be secured in a separate sealed package, which shall be indorsed on the outside thereof with the names of the inspectors, the designation of the election district, and the number and kind of ballots contained therein. Such package shall be filed by the chairman of the board of inspectors with the original statement of the canvass. If ballots are voted on any constitutional amendment, propo- sition or question, a similar return of the ballots and votes cast thereon shall be made and included as a part of such original statement. Such inspectors shall, whenever unofficial ballots are voted, return all of such ballots in the package with the void and protested ballots. At the end of each return contained in such original statement of the canvass, and also at the bot- tom of each sheet, or half sheet thereof, the inspectors shall make and sign a certificate that the foregoing statement is cor- rect. If any inspector^ poll clerk or ballot clerk shall refuse to sign any return required of him by the election law he must state the grounds upon which such refusal is based upon such return over his signature. Unless such an election be an election of town, village or school officers, held at a different time from a general election, such inspectors shall forthwith and before adjourning and taking any recess make two certified copies of such original certified statement of the result of the canvass. Forthwith upon the completion of such original statement and of such certified copies thereof, and the proclamation of the result of the election as to each candidate, the ballots voted, ex- cept the void and protested ballots, shall be replaced in the box from v.hich they were taken, together with a statement as to the number of such ballots so replaced. ' Each such box shall be securely locked and sealed, and shall be deposited with the officer or board furnishing such boxes. They shall be preserved inviolate for six months after such election and may be opened and their contents examined upon the order of the supreme court or a justice thereof, or a county judge of such county, and at the expiration of such time the ballots may be disposed of in the dis- cretion of the ofHcer or board having charge of them. For form of inspectors* return and statement of vote, tee S SL §§ 112, 113 Conduct of Elections and Canvass of Votes. 115 § 112. Proclamation of result. — Upon the completion of such canvass and of the original statement and certified copies of the result thereof, the chairman of the board of inspectors shall make public oral proclamation of the whole number of votes cast at such election at such polling place for all candidates for each office; upon each proposed constitutional amendment or other question or proposition, if any, voted upon at such election, the whole number of votes given for each person, with the title of the office for which he was named on the ballot; and the whole num- ber of votes given respectively for and against each proposed constitutional amendment or other question or proposition, if any, so submitted. The original statement of canvass and the certified copies thereof shall be securely and separately sealed with sealing wax in an envelope properly indorsed on the outside thereof by the inspectors, and shall be kept inviolate by the offi- cers or board with whom they are filed until delivered, together with the sealed packages of void and protested ballots, to the county or city board of canvassers. § 113. Delivery and filing of papers relating to thq election, — Subdivision 1. If the election be other than an election of tov/n, city, village or school officers, held at a different time from a general election, the chairman of the board of inspectors of each election district, except in The City of New York, shall forthwith upon the completion of such certified original state- ment of the result, deliver one certified copy thereof to the super- visor of the town in which the election, if outside of a city, is sit- uated, 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, such certified copy shall be forthwith delivered to an assessor of such town or city. One certified copy of such original statement of the result of the canvass, the poll-books of such election, and one of the tally sheets, shall be forthwith filed by, such inspectors, or by one of them deputed for that purpose, with the town clerk of such town, or tho city clerk of such city, as the case may be. The original certified staLemeut of the result of the canvass, with the original 116 The Klection Law. § 113 ballot return prepared by the ballot clerk, altacli-nl, the sealed package of void and protested ballots, the record as to challenged and assisted voters, and the sealed packages of detached stubs and unvoted ballots, and one of the tally sheets shall, within twenty-four hours after the completion of such canvass, be filed by the chairman of the board of inspectors, with the county clerk of the county in which the election district is situated. The register of electors and public copy thereof shall be filed as prescribed in section thirty-five of this act. Subdivision 2. In the city of New York the original statement of canvass and the sealed package of void and protested ballots shall be filed by the chairman of the board of inspectors within twenty-four hours after the completion of the canvass with the county clerk of the county within which the election disti'ict is located, together with one of the poll-books and one of the tally- sheets, properly certified by the poll clerks. One certified copy of such original statement, one poll-book and one tally sheet shall be filed within such time with the board of elections and with the chief clerk of the branch bureau of elections, as the case may be, in the borough within which the election district is located by an inspector designated by the board of inspectors for that duty, and the other certified copy of such original statement with the city clerk, by an inspector designated by the board of inspect- ors for that duty. In election districts in the city of New York, the boards of inspectors of election must, at the same time thoy make and sign the aforesaid original statement and certiflfd copies thereof, make a certified copy of so much thereof as relates to any candidate for member of assembly, senator or representa- tive in congress, voted for in said election district, and also in any l)art of any county not within tho city of New York, and siu-h certified copy must, within twenty-four hours after the comple- tion of the canvass by the inspectors, be filed by the chairman of the board of inspectors, with the clerk of the county outside of the city of New York of which such ofRcers or any of them are voted for at such cU etion. The sealed packages or d(>tached stubs, and ballutss not used at the election shall^ in The Cliv of § 114 Conduct of Elections and Canvass op Votes. 117 Xew York, be given by the inspectors to the police who shall return them to the bureau of elections of the borough within which the election district is located. All such packages of de- tached stubs and unused ballots shall be preserved inviolate in the offlce in which they are filed, for a period of six months from the time of filing thereof, and may be opened and examined upon the order of the supreme court or a justice thereof, or a county judge within such county, and at the expiration of such time may be disposed of in the discretion of the ofiicer or board having cus- tody of the same. {Thus amended by chap. 95, L. 1901.) Subdivision 3. In the election districts within the metropolitan elections district the certified copy of .the original statement of canvass, the tally sheet and poll book required to be filed with the town or city clerk under subdivision one of this section and the certified copy of the original statement of canvass required to be filed with the city clerk of the city of New York, the poll book and tally sheet required to be filed with the superintendent of elections of such city and with the chief of the branch bureaus of elections within such city under subdivision two of this section, shall be forthwith filed by such officers in the offlce of the state superintendent of elections for the metropolitan elections district. (Thiis amended hy chap. 630^ L. 1899.) § 114. Judicial investigation of ballots. — If any certified origi- nal statement of the result of the canvass in an election district shall show that any of the ballots counted at an election therein were objected to as marked for identification, a writ of mandamus may, upon the application of any candidate voted for at such election in such district, within twenty days thereafter, issue out of the supreme court to the board or body of canvassers, if any, of the return of the inspectors of such election district, and other- wise to the inspectors of election making such statement requir- ing a recount of the votes of such ballots. If the court shall, in the proceedings upon such writ, determine that any such ballot was marked for the purpose of identification, the court shall order such ballot and the votes thereon to be excluded upon a recount of such votes. A like writ may in the oiune manner be issued to 118 The Election Law. § 1<^0 determine whether any ballot and the votes thereon which has been rejected by the inspectors as void, shall be counted. If in the proceedings upon such writ the court shall determine that thc^ votes upon any such ballot rejected as void shall be counted, the court shall order such ballot and the votes theieon to be counted upon a recount of such votes. Boards of inspectors of election districts, and boards of canvassers, shall continue in office for the purpose of such proceedings. ARTICLE VI. County and State Board of Canvassers. Section 130. Organization of county board of canvassers. 131. Production of original statements and copies thereof. 132. Correction of clerical errors in election district statements. 133. Correction in state or county board of canvassers' statements. 184. Proceeding of state board of canvassers upon corrected statement 135. Statements of canvass by county boards. 136. Decisions of county boards as to persons elected. 137. Transmission of statements of county boards to sorretary of state. 138. Organization aaid dutiesi of board of canvassers uf tlie city of New York. 139. Organization of state board of canvassers. 140. Canvass by state board. 141. Certifleates of election. 142. Record in office of secretary of state of county officers elected. § 130. Organization of county board of canvassers. — The board of supervisors of each county shall be the county board of canvassers of such county. The county board of canvassers of the counties wholly or partly within the city of New York shall be the city board of canvassers of the city of New York within their respective counties. The county board of canvassers of a county containing a city of the second class shall be the city board of canvassers of such city. The county board of can- vassers of the respective counties shall meet at the office of the county clerk thereof 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 jv^noin! § 131 COUNIT AND StATK lioAED OF CANVASSEliB. 119 election. Upon such meeting they shall choose one of their num- ber chairman of such board. Such county clerk, or if he be ab- sent or unahle to act, the deputy county clerk of such county, shall be the secretary of such board. The secretary of the board shall thereupon administer the constitutional oath of office to the chairman of the board, who shall then administer such oath to each member, and to the secretary of the board. A majority of the members of any board of 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 pres- ent 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 daj's after the time fixed for organizing such board, the supreme court, or any jus- tice thereof, or county judge within such county, may compel the members thereof by writ of mandamus to meet and organize forthwith. (Thus amended by chap. 208, L. 1901.) § 131. Production of original statements and copies thereof. — As soon as such board of county canvassers shall have been organized, the officer with which they were filed, shall de- liver to such board of canvassers all the original -statements of canvass received from inspectors of election for districts within the county for which said board are county or city canvassers. The copies of the original statements which have been delivered to members of the board of assessors shall then be delivered to the board. If any member of the county board of canvassers shall be unable to attend the first meeting of such board, he shall, at or before such meeting, cause to be delivered to the secretary of such board all such copies of original statements delivered to him, and any original statement that may have come into his pos- session. If, at the first meeting of a county board of canvassers of any county, all such original statements of the result of the canvass of the votes cast at such election in all the election dis- tricts in the county shall not be produced before the board, it shall adjourn to some convenient hour of the same or the next day, and llie scciclary of such board shall, by special messenger or 120 The Election Law. §§ l-'-- l-^^ otherwipp, obtain such missing original stateniL-uts, if possible, otherwise he shall procure one of the certified copies thexeof in time to be produced before such board at its next meeting. At such first meeting, or as soon as an original statement of the result of the canvass of the votes cast at such election in every election district of the county shall be produced before such board, or a copy thereof, in case the original can not be pro- duced, the board shall, from such original, statements and certi- fied copies, proceed to canvass the votes cast in such county at such election. (Thus amended by chap. 371), L. 1897.) § 132. Correction of clerical errors in election district 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 or copy, which should have been inserted, or that any merely clerical mistakes exist therein, they shall have power, and such power is licreby given, to summon the inspectors of election whose names are sub- scribed thereto, before such board, and such inspectors shall forth- with meet and make such correction as the facts of the case re- quire; but such inspectors shall not change or alter any decision before made by them, but shall only cause their canvass to be correctly stated. The board of county canvassers may adjourn from day to day not exceeding three days in all, for the purposi' of obtaining and receiving such corrected statements. § 133. Correction in state or county board of canvassers statements. — The supreme court may, upon afiidavit presented by any elector, showing that errors have occurred in any state- ment or determination made by the state board of canvassers, or by any board of county canvassers, or that any such buard has failed to act in conformity to law, make an order requiring such board to Correct such errors, or perfor-ni its duty in the manner prescribed by law, or show cause why such correction should not be made or such duty performed. If such board shall fail or neglect to make such correction, or perform surli duty, or show cause as aforewjid, the court may compel such board, by § 134 County and State Board of Canvassers. 121 writ of mandamus, to correct such errors or perform sucli duty; and if it shall have made its determination and dissolved, to re- convene for the purpose of making such corrections or perform- ing such duty. Such meeting of the board of state or county canvassers shall be deemed a continuation of its regular session, .for the purpose of making such corrections, or otherwise 'acting as the court may order, and the statements and certificates shall be made and filed as the court shall direct, and shall stand in lieu of the original certificates and statements so far as they shall vary therefrom, and shall in all places be treated with the same effect as if such corrected statement has been a part of the original required by law. A special proceeding authorized by this sec tion must be commenced within four months after the statement or determination in which it is claimed errors have occurred was made, or within four months after it was the duty of the board to act in the particular or particulars a* to which it is claimed to have failed to perform its duty. § 134. Proceeding of state board of canvassers upon cor- rected statements. — When a new or corrected statement or certificate made by a board of county canvassers, under the pro- visions of the preceding section, shall vary from the original statement or certificate with reference to votes for the 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 either of them, the county clerk, or other officer with whom the same is filed, shall forthwith prepare and transmit certified copies thereof to the officials mentioned in section one hundred and thirty-seven of this act, in the manner therein prescribed. The secretary of state shall thereupon file in his office the certified statement re- ceived -by him^ and obtain from the governor and comptroller the certified statements received by them, or either of them, and file the same in his ofQce. He shall then, and within five days after any such certified copy of statements has been received by him, appoint a meeting of the state canvassers to be held at his office, 122 The Elkcjtion Law. § l-'J or the office of the state treasurer or comptroller, and the said board of state canvassers shall, from such certified copies or state- ments, proceed to make a new statement of the whole number of votes given at the election referred to in such statement for the various offices above mentioned, or either of them, so far as the number of votes for any particular office or candidate has been changed by such new or corrected statements in the manner provided by section one hundred and thirty-nine of this act. Upon the new or corrected statement thus made, the said board of state canvassers shall then proceed to determine and declare what person or persons whose votes are affected by such new or corrected statement have been, by the greatest number of votes, duly elected to the various offices, or either of them, and the statement, certificate and declaration thereupon made shall stand in lieu of the original statement, declaration and certificate so far as the latter are changed by the former. The supreme court shall, upon application of a candidate interested in the result of such new or corrected statement, or of any elector in tlie county from which such statement came, and upon proof by affidavit that the same has been made and filed as herein provided, and that the state board of canvassers has neglected or refused to act thereon within the time above prescribed, require said board to act upon such new or corrected statement, and canvass the same as above provided, or show cause why it should not do sio; 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 aforesaid, the court may compel such board by writ of mandamus to act .upon and canvass such new or corrected state- ment, and make a statement, certificate and declaration in ac- cordance therewith; and if the state board of canvassers shall have made a determination, and adjourned or dissolved before receiving such new or corrected statement, the court may. compel such board to reconvene for the purpose of carrying out its order and direction; and for that purpose the meeting of said board shall be deemed a continuance of its regular session. The state board of canvasspis and the secretary of state shall lespectively § 135 County axd State Board of CanvassbeS. 123 have the same power, and discliarge the same duties with refer- ence to statements made under this section, that they have and are charged with under the provisions of section one hundred and thirty-nine, and one hundred and forty, of this act. § 135. Statements of canvass by county boards. — Upon the completion by a county board of canvassers, of the canvass of votes of which original statements of canvass, or certified copies therecjf, are by law required to be delivered to them, by the boards of officers with whom the same may have been filed by the inspectors of election, they shall make separate statements there- of as follows: 1. One statement of all such votes cast for each office of elector of president and vice-president of the United States. 2. One statement of all such votes cast for each state office. 3. One statement of all such votes cast for each office of repre- sentative in congress, except that the board of canvassers in the county of New York shall not make a statement of the votes cast in any election district in said county, for any candidate for the office of assemblyman, senator or representative in congress, the candidates for which were also voted for by electors in election districts in any county not within The City of New York. 4. One statement as to all such votes cast upon every proposed constitutional amendment or other proposition or question duly submitted to all the electors 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 electors of such county or any portion thereof, except as provided in the paragraphs numbered three in this section, were entitled to vote at such election. 6. One statement as to all the votes cast for each county office, and office of school commissioner, for which the electors of such county, or any portion thereof, were entitled to vote at such elec- tion, and to be canvassed by them. 7. One statement as to all the votes, if any, so cast upon any proposition or question upon which only the electors of such county M'ere entitled to vote at such election. 124 The Elkction Law. § 135 8. In the counties wliolly or partly within The Oity of New Yorii, the respective county boards shall make a separate state- ment as to the votes, if any, so cast upon any proposition or question upon -which only the electors of such city were entitled to vote at such election in such county or portion thereof. Each such statement shall set forth, in words written out at length, all fiuch rotes cast for all the candidates for each such oflice; and if any such oflBce was to be filled at such election by the elect- ors of a portion only of such county all the votes cast for all the candidates for each oflSce in any such portion of the county, designating by its proper district number or other appropriate designation, the names of each such candidate and the number of votes so cast for each, the whole number of votes so cast upon any proposed constitutional amendment or other proposition or question, and of all the votes so cast in favor of and against the same respectively. In the counties wholly or partly within The Oity of New York the respective county boards shall make a separate statement of the votes cast for all the city officers voted foi" by the electors of such city or any portion thereof, within such counties. If, upon such canvass, in any original statement (II- duly certified copy of an original statement of the result of the canvass of the votes of any election district in such county or city, there shall be included any ballot indorsed by the in- spectors to the effect that it was objected to as marked for iden- tifieation, the county and city boards of canviassers shall add to each statement in which the counting of any such ballot or any portion thereof is included, a statement of the whole number of ballots so indorsed and counted. If, upon such canvass, in any original statement or duly certified copy of an original statement of the result of the canvass of the votes of any election district there shall be included any ballot indorsed by the inspectors to the effect that it was rejected as void, the county and city boards of canvassers shall add to each statement, a statement of the whole number of ballots so indorsed. The statements required by this section shall eacli be cerlifled as correct over the signa- tures of the members of the board, or a majority of them, and § 136 CODN'TY AND StATE BoAED OF CANVASSERS. 125 sliall be fllud and recorded in the office of the county clerk of such county. When the whole canvass shall be completed, the original statements of canvass and certified copies used thereat shall be filed in the office of the secretary of the board. The certified copies of such original statement of canvass not used at the canvass and the sealed packages of void and protested ballots shall be retained in the office in which or by the officer with whom they were filed. The sealed packages of void and protested ballots shall be retained inviolate in the office in which they are filed subject to the order and examination of a court of competent jurisdiction and may be destroyed at the end of six months from the time of the completion of such canvass, unless otherwise ordered by a court of competent jurisdiction. {Thus amended ly chap. 379, L. 1897.) § 136. Decisions of county board as to persons elected. — Upon the completion of the statements required by section one hundred and thirty-five of this act the board of canvassers for each county shall determine what person hjais by the greatest number of votes been so elected to each office of member of assembly to be filled by the electors of each county for which they are county canvassers if constituting 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 number of votes to the office of school commissioner to be filled at such election in each such district. The county clerk of the county of Hamilton shall forthwith transmit to the county clerk of the county of Ful- ton^ a certified copy of the statement so filed and record it in his office, of the connty 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 member of assem- bly of the assembly district composed of Fulton and Hamilton counties; and the county clerk of Fulton county shall forthwith deliver the same to the Fulton county board of canvassers, who 126 The Election Law. § 1^^ shall from such certitied copy, and from their own statement as to the votes so cast for such office in Fulton county, determine what person was at such election, elected by the greatest number of votes to such office. Such board of each county shall deter- mine whether any proposition or question submitted to the elect- ors of such county only, has by the greatest number of votes been adopted or rejected. All such determinations shall be reduced to writing, and signed by the members of such board, or a majority of them, and filed and recorded in the office of the county clerk of such county, who shall cause a copy thereof, and of the state- ments filed and recorded in his office, upon which such determi- nation was based, to be published in accordance with the provi- sions of sections twenty-one and twenty-two of the county law. The clerk of each county shall prepare as many certified copies of each certificate 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. {Thus amended ly chap. 379, L. 1897.) Supreme court may compel correction of errors. See § 133. § 137. Transmission of statements of county boards to secretary of state and board of elections. — Upon the filing in the office of the county clerk 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 member of assembly and for representative in congress, or as to the votes cast on any proposed constitutional amendment or other proposi- tion or question submitted to all the electors of the state, such county clerk shall forthwith make three certified copies of each such statement, and, within five days after the filing thereof in his office, transmit by mail one of such copies to the secretary of state, one to the governor and one to the comptroller of the state. The governor and comptroller shall forthwith upon the receipt thereof by them deliver such certified copies to the secretary of state. If any certified copy .shall not be received by the secretary § 138 County and Statb: Board of Canvassers. 127 of state on or before the last day of November next after a gen- eral election, or within twenty days after a special election, he shall dispatch a special messenger to obtain such certified copy from the county clerk required to transmit the same, and such county clerk shall immediately upon demand of such messenger at his office make and deliver such a certified copy to such mes- senger who shall, as soon as practicable, deliver it to the secre- tary of state. The county clerk of each county shall transmit to the secretary of state, within twenty days after a general election, and within ten days after a special election, a list of the name and residence of each person determined by the board of county can- vassers of such couHty to be elected member of assembly, school commissioner, and to any county office; and on or before the fif- teenth 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 at the last preceding general election. The secretary of state shall obtain from the governor and comptroller such certified copies so transmitted to them and file the same in his office. Upon the filing in the office of the county clerk of a county wholly or partly within the city of New York of a state- ment of the county board of canvassers as to the votes cast for candidates 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 sealed envelope such certified copy to the board of elections of the city of Nev^ York on or before the fifteenth day of Decem- ber in any year in which there shall have been an election for a city office for which votes were cast in a county within The City of New York the county clerk thereof shall file with the city clerk of such city a certified copy of the official canvass of the votes cast in such county or portion thereof by election districts for such city office and such canvass by election districts shall, as soon as possible thereafter^ be published in the City Record by the city clerk. {TMis amended hy chap. 95, L. 1901.) § 138. Organization and duties of board of canvassers of the city of H&w York. — The board of elections of the city of New 128 The Eubctiun Law. § 138 York shall be the board of canvassers of The City of New York of the statements of the county board of canvassers of the counties within such city of the rotes cast in such city or any portion thereof for a city oflflceor upon any proposition or question upon which only electors of such city were entitled to vote. The members of the board of elections shall meet at the usual place for holding their regular meetings of such body on the first Monday in December succeeding a general election for a city oflSce within such city and within thirty days after such special election and shall organize by selecting one of the members as chairman. The secretary of the board of elections of the city of New York shall be the secretary of such board or if he be unable to serve the board may appoint a chief cleirk to be the secretary of such board. The secretary shall there- upon administer to the chairman the constitutional oath of ofltice and the chairman shall administer such oath to the members of such board and the secretary thereof. As soon as such board shall have organized the secre- tary shall deliver to such board the certified copies of the state- ments of the county boards of canvassers of each county wholly or partly within such city of the votes cast for candidates for city ofSce within such city and upon any proposition or question, if any submitted, to the electors of such city only and the said board shall proceed to canvass such statements. If a certified copy of any statement of any county board required to be deliv- ered to said board shall not be delivered prior to the meeting and organization of said board, it may adjourn such meeting from day to day not exceeding a term of five days and it shall be the duty of the secretary to procure from the county clerk of such county the required certified copy of such statement. Upon the completion of such canvass said board shall make separate tabu- lated statements signed by the members of such board or a ma- jority thereof, and attested by the secretary, of the whole num- ber of votes cast for all the candidates for each ofiice shown by such certified statements to have been voted for and of the whole number of votes cast for each of such fainli^laleR, indicating the § 139 CODKTY AND StATE EoAKD OF CANVASSERS. 129 number of votes east in each county for them, and if the voters of not more than one county or portion of such county were entitled to vote for such candidates, the name and portion of such county and the name of each candidate, and the determination of the board of the persons thereby elected to such office by the greatest number of votes. The said board shall also make a sep- arate similar tabulated statement of the vote cast upon any prop- osition or question submitted at the election to the electors of such city only and shall include a determination as to whether such proposition or question by the greatest number of votes has been adopted or rejected. Each such statement and determina- tion shall be filed and recorded in the ofiQce of the board of elections and the said board shall cause the publication of the same in at least two newspapers within each borough of such city and in the City Record. Upon the filing in the ofiSce of the board of elections of such statements and determination the president of the board of elections shall issue and transmit by mail or otherwise a: certificate of election to each person shown thereby to be elected, such certificate to be countersigned by the members of the board of elections of the city of New York under the seal of The City of New York. (Thus amended hy chap. 95, L. 1901.) § 139. Organization of state board of canvassers. — The secretary of state, attorney-general, comptroller, state engineer and surveyor, and treasurer, shall constitute the state board of canvassers, three of whom shall be a quorum. If three of such officers shall not attend on a day duly appointed for a meeting of the board, the secretary of state shall forthwith notify the mayor and recorder of the city of Albany to attend such meeting, and they shall forthwith attend accordingly, and shall, with the other such officers attending, constitute such board. The secre- tary of state shall appoint a meeting of such board at his office, or at the office of the treasurer or comptroller on or before the fifteenth day of December next. after each general election, and within forty days after each special election, to canvass the statement of boards of county canvassers of such election. He 9 130 The Election Law. §§ UO, 14 1 shall notify each member of the board of such meeting. The board may adjourn such meeting from day to day, not exceeding a term of five days. § 140. Canvass by state board. — Such board shall at such meeting proceed to canvass the certified copies of the statements of the county board of canvassers of each county in which such election was held. If any member of such board shall dissent from a decision of the board, or shall deem any of the acts or proceedings of the board to be irregular, and shall protest against the same, he shall state such dissent or protest in writing signed by him, setting forth his reasons therefor, and deliver it to the secretary of state, who shall file it in his oflflce. Upon the com- pletion of such canvass, such board shall make separate tabu- lated statements signed by the members of such board, or a majority thereof, of the whole number of votes cast for all the candidates for each office shown by such certified copies to have been voted for, and of the whole number of votes cast for each of such candidates, indicating the number of votes cast in each county therefor, and If the voters of not more than one district of the state were entitled to vote for such candidates therefor, the name and number of such district, and the name of each candidate and the determination of the board of the persons thereby elected to such office; the whole number of votes shown by such certified copies to have been cast upon each proposed constitutional amendment or other proposition or question shown by such copies to have been voted upon, the whole number of votes cast in favor of and against each, respectively, and the determination of the board as to whether it was adopted or rejected. Each such statement, dissent and protest, shall be delivered to the secretary of state, and recorded in his office. § 141. Certificates of election. — The secretary of state shall thereupon forthwith transmit a copy, certified by his signature and official seal, of each such statement as to the votes cast for candidates for any office, to the person shown thereby to have been elected thereto. He shall prepare a general certificate, under the seal of this state, and attested by him as secretary § 142 , VoTiMG Machines, 131 thereof, addressed to the house of representatives of the United States, in that congress for which any person shall have been chosen, of a due election of the person so chosen at each election as representative of this 'state in congress; and shall transmit the S9.me to the house of representatives at their first meeting. If either of the persons so chosen at such election shall have been elected to supply a vacancy in the offlce of representative in congress, it shall be mentioned by the secretary of state in the statements to bfe prepared by him. § 142. Record in of5,ce of secretary of state of county officers elected.— The secretary of state shall enter in a book to be kept in his ofQce the names of the respective county officers elected in this state, including school commissioners, specifying the counties and districts for which they were severally elected, and their places of residence, the offices to which they were respectively elected, and the terms of offlce. ARTICLE VIL* Voting Machines. Section 160. State voting machine commissioners. 161. Examination of voting machine. 162. Requirements of voting macliine. 163. Adoption of voting machine. 164. Experimental use of voting machine. 165. Providing machines. 166. Payment for machines. 167. Form of ballots. 168. Sample ballots. 169. Number of official ballots. 170. Distribution of ballots and stationery. 171. Tally sheets. 172. Unofficial ballots. 173. Opening the polls; independent ballots. 174. Location of machines; guard rail. 175. Manner- of voting. 176. Instructing voters. 177. Disabled voters. 178. Canvass of vote and proclamation of result. 179. Disposition of independent ballots; and preserving the record of the machine. ♦Article added by chap. 406, L. 1899. 132 The Election Law. §§ 160, 161 Section 180. Application of otlier articles and penal code. 181. ^^'ben ballot clerlis not to be elected. 182. Number of voters in election district. 183. Definitions. 184- Repeal of laws. Section IGO. State voting macMne commissioners.— The com- missioners appointed under chapter four hundred and fifty of the laws of eighteen hundred and ninety-seven are continued in office until and including December thirty-first nineteen hundred and two, and shall be known as voting machine commissioners. Their successors shall be appointed for a full term of five years. Vacancies shall be filled by the governor for the remainder of the unexpired term, and all terms shall expire on the thirty-first day of December. Any commissioner now in office or hereafter appointed may be removed at the pleasure of the governor. No voting machine commissioners shall have any pecuniary interest in any voting machine. There shall be three such commission- ers, who shall constitute a board to be known as the state board of voting machine commissioners. One of such commissioners shall be an expert in patent law and two shall be mechanical experts. § 161. Examination of voting machines. — Any person or cor- poration owning or being interested in any voting machine may apply to the state board of voting machine commissioners to examine such machine and report on its accuracy, efficiency and capacity to register the will of voters. The commissioners shall examine the machine and report accordingly. Their report shall be filed in the office of the secretary of state and shall state whether in their opinion the kind of machine so examined can be safely used by such voters at elections, under the conditions pre- scribed in this article. If the report states that the machine can be so used, it shall be deemed approved by the commissioners and machines of its Idnd 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 accniacv. efH- ciency or capacity shall not render necessary a re-examiuation or § 162 Voting Machines. 133 reapproval thereof. Any form of voting machine not so approved, or which has not been heretofore examined by said commis- sioners and reported on pursuant to law, and its use specifically authorized by law, cannot be used at any election. Each com- missioner is entitled to one hundred and fifty dollars for his compensation and expenses in making such examination and re- port, to be paid by the person or corporation applying for such examination. (Thus amended hy chap. 530, L. 1901.) § 162. Requirements of voting machine. — A voting machine approved by the state board of voting machine commissioners must be so constructed as to provide facilities for voting for the candidates of at least seven different parties or organizations, it must be provided with a single straight ticket device for each of said parties, by the use of which a voter may vote for all the candidates of that party, and must permit a voter to vote for any person for any ofSce, 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 a voter 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 prohibit voting for more than one person for the same office, except where a voter is lawfully entitled to vote for more than one person for that office, and it must afford him an opportunity to vote for as many persons for that office as he is by law entitled to vote for and no more, at the same time prohibiting his voting for the same per- son twice. It must be provided with a lock or locks, by the use of which immediately after the polls are closed or the operation of such machine for such" election is completed any movement of the voting or registering mechanism is absolutely prohibited. It may also be provided with one ballot in each party column or row containing only the words " presidential electors " preceded by the party name, and a vote for such ballot shall operate as a vote for all the candidates of such party for presi- dential electors, and shall be counted as such. (Thus amended by chap. 580, L. 1201.) 134 The Election Law. §§ 163, 164, 165, 166 § 163. Adoption of voting machine. — The board of elections of the city of New York, the common council of any other city, the town board of any town, or the board of trustees of any village may adopt for use at elections any kind of voting machine approved by the state board of voting machine commissioners, 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 counting votes cast at such elections. Different voting machines may be adopted for different districts in the sajne city, town or village. (Thus amended by chap. 530, L. 1901.) § 164. 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 experimental use, at an elec- tion in one or more districts, of a machine which it might law- fully adopt, without a formal adoption thereof; and its use at such elections shall be as valid for all purposes as if it had been lawfully adopted. § 165. Providing machines. — The local authorities adopting a voting machine shall, as soon as practicable thereafter, provide for each polling place one or more voting machines in complete working order, and shall thereafter preserve and keep them in repair, and shall have the custody thereof and of the furniture and equipment of the polling place when not in use at an elec- tion. If it shall be impracticable to supply each and every elec- tion district with a voting machine or voting machines at any election following such adoption, as many may be supplied as it is practicable to procure, and the same may be used in sucli election district or districts within the city, town or village as the officers adopting the same may direct. § 166. Payment for machines. — The local authorities on the adoption and purchase of a voting machine^ may provide for the payment therefor in such manner as they may deem for the best interest of the locality and may for that purpose issue bonds, certificates of indebtedness or other obligations which shall be §§167,168,169,170,171 Yoting Machines. 135 a charge on the city, town or village. Such bonds, certificates or other obligations may be issued with or without interest, payable at such time or times as the authorities may determine, but shall not be issued or sold at less than par. § 167. Form of ballots.— All ballots shall be printed in black ink on clear, white material, of such size as will fit the ballot frame, and in plain, clear type as the space will reasonably per- mit. The party device for each political party represented on the machine, which has been duly adopted by such party in ac- cordance with this chapter, and the party name or other designa- tion shall be prefixed to the list of candidates of such party. Each party list may be further distinguished by a stripe of color below the party device, which shall be adopted in the same man- ner as the party emblems. The order of the list of candidates of the several parties or organizations shall be arranged as provided by this chapter for blanket ballots, except that the lists may be arranged in horizontal rows or vertical columns. § 168. 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 on election day. Such sample ballots shall be opened to public inspection at such polling place during the day next preceding election day. {Thus amended by eliap. 530, L. 1901.) § 169. Number of ofiieial ballots. — Four sets of ballots shall be provided for each polling place for each election for use in the voting machine. § 170. Distribution of ballots and stationery. — The ballots and stationery shall be delivered to the board of inspectors of each election district before ten o'clock in the forenoon of the day next preceding the election. § 171. Tally sheets. — ^Columns numbered two and three and the four columns at the right of the tally sheet prescribed by 136 The Election Law. §§ 172, 173 section eighty-four may be omitted in the printed blank tally sheets furnished for polling places at wJiich a voting machine is used. The blank tally sheets and return shall in other respects conform substantially to the requirements of this chapter. § 172. UnoflScial ballots. — If the otHcial ballots for an election district at which a voting machine is to be used, required to be furnished by or to any town, or city clerk, or board, shall not be delivered at the time required, or if after delivery shall be lost, destroyed or stolen, the clerk of such town or city, or such board, or the election inspectors of such district, shall cause other bal- lots to be prepared, printed or written^ as nearly in the form of 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 ballots so substituted shall be known as unofficial ballots. § 173. Opening the polls; independent ballots. — The inspectors of election and poll clerks of each district shall meet at the polling place therein, at least three quarters of an hour before the time set for the opening of the polls at each election, and shall proceed to arrange within the guard rail the furniture, stationery and voting machine for the conduct of the election. The inspectors of election shall then and there have the voting machine, ballots and stationery required to be delivered to them for such election; and if it be an election at which registered voters only can vote, the registry of such electors required to be made and kept therefor. The inspectors shall thereupon cause at least two instruction cards, and if printed in different lan- guages, at least two of each language to be posted conspicuously within the polling place. If not previously done, they shall in- sert in their proper place on the voting machine, the ballots con- taining the names of offices to be filled at such election, and the names of candidates nominated therefor. If not previously done, they shall place all the counters on each voting machine so as to register zero, and shall not permit such counters to be thereafter operated, ex( ept hy electors in voting. Before the polls are open for election, each inspector shall carefully ex- §§ 174, 175 Voting Maohinks. 137 amine every counter nnd see that it registers zero, and the same shall be subject to the inspection of the official 'watchers. Bal- lots voted for any person whose name does not appear on the machine as a nominated candidate for office, are herein referred to as independent ballots. Where two or more persons are to be elected to the sam^ office, and each candidate's name is placed upon or adjacent to' a separate key or device, and the machine requires that all independent ballots voted for that office be deposited, written or affixed in or upon a single receptacle or device, an elector may vote in or by such receptacle or device for one or more persons whose names do not appear upon the machine with or without the names of one or more persons whose names do so appear. In voting for presidential electors, an elector may vote an independent ticket made up of the names of persons in nomination by different parties, or partially of names of persons so in nomination and partially of names of persons not in nomination, or wholly of names of persons not in nomination by any party. Such independent ballot shall be de- posited, written or affixed in or upon the receptacle or device provided on the machine for that purpose. With these excep- tions, no independent ballot shall be voted for any person for any office whose name appears on the machine as a nominated candidate for that office; any independent ballot so voted shall not be counted. An independent ballot must be cast in its ap- propriate place on the machine, or it shall be void and not counted. {Thus amended by cMp. 530, L. 1901.) § 174. Location of machines; guard rail. — The exterior of the voting machine and every part of the polling place shall be in plain view of the election officers and watchers. The voting machine shall be placed at least three feet from every wall and partition of the polling place, and at least three feet from the guard-rail, and at least four feet from the poll clerk's table. A guard-rail shall be constructed at -least three feet from the ma- chine, with openings to admit electors to and from the machine. § 175. Manner of voting. — After the opening of the polls, the inspectors shall not allow any voter to pass within the guard- 138 TnE Election Law. §§ 176, 177, 17S rail until they ascertain that he Is duly entitled to vote. Only one voter at a time shall be permitted to pass within the guard- rail to vote. The operating of the voting machine by the elector while voting shall be secret and obscured from all other persons except as provided by this chapter in cases of voting by assisted electors. No voter shall remain within the voting machine booth longer than one minute, and if he shall refuse to leave it after the lapse of one minute, he shall be removed by the inspec- tors. § 176. Instructing voter. — In case any elector after entering the voting machine booth shall ask for further instructions concern- ing the manner of voting, two inspectors of opposite political parties shall give such instructions to him; but no inspector or other election ofiBcer or person assisting an elector shall in any manner request, suggest or seek to persuade or induce any such elector to vote any particular ticket, or for any particular candi- date, or for or against any particular amendment, question or proposition. After receiving such instructions, such elector shall vote as in the case of an unassisted voter, § 177. The provisions of sub-division three of section thirty- four, and of sub-division two of section one hundred and four of the election law, shall apply also when ballot machines are used, and the word "booth" when used in such sections, shall be inter- preted to include the ballot machine enclosure or curtain. § 178. Canvass of vote and proclamation of result. — As soon as the polls of the election are closed, the inspectors of election thereat shall immediately lock the voting machine against voting, and open the counting compartments in the presence of the watchers and all other persons who may be lawfully within the polling place, giving full view of all the counter numbers. The chairman of the board of inspectors shall, in the order of the offices as their titles are arranged on the machine, read and an- nounce in distinct tones the result as shown by the counter num- bers, and shall then read the votes recorded for each oflBre on the independent ballots. He shall also in the same manner an- §§179,180,181,182 Voting Machines. 139 nounce the vote on each constitutional amendment, proposition or other question. As soon as the result for each office and on each amendment, proposition or other question is ascertained, the poll clerks shall record it and submit their records to the inspectors for examination, and if found to be correct, the chair- man shall at once announce the result of the vote for such office, or on such amendment, proposition or other question. § 179. Disposition of independent ballots, and preserving the record of the machine. — The inspectors of election shall, as soon as the count is completed and fully ascertained as in this act re- quired, lock the machine against voting, and it shall so remain for the period of thirty days except by the order of a court of competent jurisdiction. Whenever independent ballots have been voted, the inspectors shall return all of such ballots in a properly secured sealed package endorsed "independent ballots," and file such package with the original statement of canvass. It shall be preserved for six months after such election, and may be opened and its contents examined only upon order of the supreme court or a justice thereof^ or a county judge of such county, and at the expiration of such time, such ballots may be disposed of in the discretion of the officer or board having charge of them. (Thus amended hy chap. 530, L. 1901.) § 180. Application of other articles and penal code. — The pro- visions of the other articles of this chapter apply as far as prac- ticable to voting by voting machines, except as herein provided. The provisions of the penal code and of this chapter relating to misconduct at elections shall apply to elections with voting ma- chines. § 181. When ballot clerks not to be elected. — Ballot clerks shall not be elected or appointed for any district for which a voting machine shall have been adopted, and which will be supplied and ready for use at the next election to be held therein. § 182. Number of voters in election districts. — For any election in any city, town or village in which voting machines are to be 140 The Elkotion Law. §§ 183, 184 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 six hundred voters each. Such re-districting or re-division may be made at any time after any November election and on or before August fifteenth following, and when so made shall take effect immediately. Where such re-districting or re-division shall be made in any town, the board making the same shall, on or before September first following, appoint from the inspectors of elec- tion then in office — if sufficient therefor are then in office, and, if not, from persons not in office, sufficient to make up the requi- site number — four inspectors of election for each election dis- trict thus created, two of whom shall belong to and be of the same political faith and opinion on state and national issues as one of the two political parties which at the last preceding general election for state officers shall have cast the greatest number of votes in said town, and the other two of whom shall belong to and be of the same political faith and opinion on state and national issues as the other of said two political parties. Thereafter no redivision of such election districts shall be made for elections by such machines until at some general election the number of votes cast in one or more of such districts shall exceed seven hundred. (Thus amended by chap. 530, L. 1901.) § 183. Definitions. — The list of candidates used or to be used on the front of the voting machine shall be deemed official ballots under this chapter for an election district in which a voting machine is used pursuant to law. The word "ballot" as used in this article, (except when reference is made to independent bal- lots) means that portion of the cardboard or paper or other ma- terial within the ballot frames containing the name of the candi- date for office, or a statement of a proposed constitutional amend- ment, or other question or proposition with the word "for" or the word "against"; § 184. Repeal of laws. — Section forty of the town law as added by chapter eighty-two of the laws of eighteen hundred and ninety- § 190 Electors of President and Vice-President. 141 three and renumbered by chapter four hundred and eighty-one of the laws of eighteen hundred and ninety-se^en, chapter seven hundred and sixty-four of the laws of eighteen hundred and ninety-four, chapter seven hundred and sixty-five of the laws of eighteen hundred and ninety-four^ chapter three hundred and thirty-nine of the laws of eighteen hundred and ninety-six, chap- ter four hundred and forty-nine of the laws of eighteen hundred and ninety-seven, chapter four hundred and fifty of the laws of eighteen hundred and ninety-seven, and chapter one hundred and sixty-eight of the laws of eighteen hundred and ninety-eight, and all acts amendatory of such acts, are hereby repealed; but such repeal shall not be deemed to prohibit the adoption or use of any voting machine at any election within any town, city or village that has adopted the same prior to the passage of this act, but the method of conducting an election therewith shall be in the manner prescribed by this chapter. ABTIOLE VIII. • Electors of President and Vice-President, and Representatives In Congress. Section 190. Bepresentatlves In congress. 191. Electors of president and vice-president 192. Meeting and organization of electoral college. 193. Secretary of state to furnish list of electors. 194. Vote at the electors. 195. Appointment of messenger. 196. Other lists to be furnished. 197. Compensation of electors. 198. Laws repealed. § 190. Representatives in congress. — Representatives in the house of representatives of the congress of the United States shall be chosen in the several congressional districts at the gen- eral election held therein in the year eighteen hundred and ninety- six and every second year thereafter. If any such representa- tive shall resign, be shall forthwith transmit a notice of his resig- * Number of article changed and sections renumbered by chap. 46G, L. 1899. 142 The Election Law. §§ 191, 192, 193 nation to the secretary of state, and if a vacancy shall occur in any such office, the clerk of the county in which such representa- tive shall have resided at the time of his election, shall, without delay, transmit a notice thereof to the secretary of state. Special election when to be held to fill vacancy. See I 3. § 191. Electors of president and vice-president.— At the gen- eral election in November, preceding the time fixed by the law of the United States for the choice of president and vice-president of the United States, there shall be elected by general ticket as many electors of president and vice-president as this state shall be entitled to, and each elector in this state shall have a right to vote for the whole number, and the several persons to the number required to be chosen having the highest number of votes shall be declared and be duly appointed electors. § 192. Meeting and organization of the electoral college. — ^The electors of president and vice-president shall convene at the capitol on the second Monday in January next following their election, and those of them who shall be assembled at twelve o'clock, noon, of that day, shall immediately at that hour fill, by ballot, and by plurality of votes, all vacancies in the electoral col- lege occasioned by death, refusal to serve or neglect to attend at that hour, of any elector, or occasioned by an equal number of votes having been given for two or more candidates. The elec- toral college being thus completed, they shall then choose a presi- dent, and one or more secretaries from their own body. § 193. Secretary of state to furnish list of electors. — The secretary of state shall prepare three lists, setting forth the names of such electors, and the canvass under the laws of this state, of the number of votes given for each person for whose elec- tion any and all votes were given, together with the certificate of determination thereon, by the state canvassers; procure to the same the signature of the governor; affix thereto the seal of the state, and deliver the same thus signed and sealed to the presi- dent of the college of electors on the second Monday in January. §§ 194-197 Electors of President and Vice-President. 143 § 194. Vote of the electors. — Immediately after the organiza- tion of the electoral college, the electors shall then and there vote by ballot for president and vice-president, one of vyhom at least shall not be an inhabitant of the same state with themselves. They shall name in their ballots the person voted for as president, and in distinct ballots, the person voted for as vice-president. They shall make distinct lists of all persons voted for as president, and of all persons voted for as vice-president, and of the number of votes for each, which lists they shall sign and certify, and after annexing thereto one of the lists received from the secretary of state, they shall seal up the same, certifying thereon, that lists ,of the votes of this state for president and vice-president are con- tained therein. § 195. Appointment of messenger. — The electors shall then, by a writing under their hands, or under the hands of a majority of them, appoint a person to take charge of the list so sealed up, and to deliver the same to the president of the senate, at the seat of government of the United States, before the third Monday in the said month of January. In case there shall be no president of the senate at the seat of government, on the arrival of the per- son intrusted with the lists pf the votes of the electors, then such person shall deliver the lists of votes in his custody into the oflflce of the secretary of state of the United States. § 196. Other lists to he furnished. — The electors shall also forward forthwith, by the postofifice in the city of Albany, to the president of the senate of the United States at the seat of govern- ment, and deliver forthwith to the judge of the United States court for the northern district of the state of New York, similar lists signed, annexed, sealed up and certified in the manner afore- said. 8 197. Compensation of electors. — Every elector of the state for the election of a president and vice-president of the United (States, who shall attend at any election of those bflScers and give Ms vote at the time and place appointed by law, shall be entitled 144 The Election Law. § 198 to receive for his attendance at such election, the sum of fifteen dollars per day, together with ten cents per mile each way, from his place of residence, by the most usual traveled route, to the place of meeting of such electors, to be audited by the comp- troller upon the certificate of the secretary of state, and paid by the treasurer. § 198. laws repealed. — Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is re- pealed. SCHEDULE OF LAWS TO BE REPEALED BY THE ELEO- TION LAW. Laws of— Chapter. Sections. 1812 130 . All. 1844 331 . AH. 1847 240 . All. 1854 286 . All. 1855 513 . All. 1856 79 . All. 1860 480 . AIL 1870 134 . All. 1870 888 . All, 1871 712 . All. 1875 138 . AIL 1876 287 . AIL . 1S77 322 . All. 1878 354 . AIL 1880 56 . All. ISSO 360 . AIL 18S0 437 . All. 18S0 460 . All. 1880 553 . All. 1881 137 . AIL 1881 163 . All. 1882 154 . AH. 1882 300 . All. § 198 Schedule of Laws Repealed. 145 Laws of— Chapter. SeoOon. 1882 410 1839 to 1844 inclu- give, 1846, 1847 and 1848; 1850 to 1861 inclusive, 1864 to 1866 in- clusive, and 1868 to 1929 inclusive, and 1931. 1883 880 All. 1883 422 All 1885 446 All. 1887 265 All. 1888 583 For sections re- pealed in title XX, as amended, see chapter 236, Laws 1891, in this schedule. 1889 i All. 1890 117 All. 1890. 1«» All, 1890.., 262 All. 1890 321 All. 1890 355.. All. 1891.., 7...., All. 1891. .,. .,. . . .,. . . .,. . 236 Sections 3 to 25 in- elusive, all after the word " board" in the last line of section 26, and sections 27 to 32 inclusive, of title XX of chapter 583, Laws of 1888, as amended hf chapter 236, Laws 1891. 10 146 The Election Law. § 198 Laws of— Chapter. Section, 1891 296 All. 1891 336 All. 1892 680 All. 1893 233 All. 1893 274 All, 1893 370 All. 1894 61 All. 1894 275 All. 1894 302 All. 1894 348 2, 3, 4, 5 and 6. 1895 810 All. 1895 909 All. 1895 991 All. 1895 992 All. 1895 993 All. 1895 1034 AlU Instructions for Guidance of Election Officers at General Elections. The following brief instructions are not intended 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 POWERS AND DUTIES. Preliminary Duties. One of the first preliminary duties of an election officer should be to familiarize himself with the boundaries of his election dis- trict, in order that he may be able to decide at once whether an elector, upon giving his place of residence, is entitled to be regis- tered or entitled to vote in his election district. This knowledge may be obtained by application to the town or city clerk, where maps or certificates of the boundaries of election districts are required to be filed. See § 9. Organization of Boards of Insipeotors.^ The first duty to be performed by boards of inspectors is the registration of electors, and before entering upon that, duty, the inspectors of each district shall meet and appoint one of their number chairman, or if the majority shall not agree upon such appointment, they shall draw lots for that position. See § 14. Inspectors to Act as a Board. In all proceedings of the inspectors acting as registrars, inspect- ors or canvassers they shall act as a board, and, in case of a ques- tion arising, as to matters which may call for a determination by them a majority of such board shall decide. See § 103, subd. 1. 148 The Election Law. Supplying Vacancies and Absences. If at the time of any meeting of the inspectors, there should be a vacancy in any of the election offlces, or any election officers should be absent, the offices should be filled, or absences supplied, from the political party entitled to the vacant place, in the man- ner prescribed by law; and the person appointed or designated to act as an election officer should immediately take the constitu- tional and statutory oaths, as prescribed by the ekclion law. See §14. Preservation of Order by Inspectors. The board of election inspectors and each individual member thereof have full authority to preserve peace and good order at all meetings of the board and around the polls of elections, and to keep the access thereto unobstructed, and to enforce obedience to their lawful commands. See § 15. REGISTRATION OF ELECTORS. Meetings. Before every general election in cities or villages having 5,000 inhabitants or more, meetings for the enrollment of voters are to be held, namely: On the fourth Friday, fourth Saturday, third Friday and third Saturday before election, and in election dis- tricts other than in cities or such villages, two meetings are to be held, namely: On the fourth and third Saturday before the election. No inspector shall on any day of registration be absent during the hours fixed for enrolling the names of electors. iSee § 30. 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 tliat day of registration. See § 30. Instructions for Election Officers. 149 Register of Electors. Each inspector is required to malce one copy of the register of electors, and he should not make any entry in any register but his own. The copy made by the chairman of the board of inspectors, which is known as the " public copy of registration," is to be left in a prominent position in the place of registration, from the first day of registration until election day. Each other Inspector must carefully preserve his register and be responsible therefor until the close of the canvass of the votes on election day, except in cities of the first class at the close of the last day of registration the chairman of the board shall take from an inspector of oppo- site political faith, the register made by such inspector and deliver it to the police for filing, as required by the election law, and the two other inspectors of opposite political faith shall each retain their respective registers of electors, for use on election day. See § 35, subd. 2. Entries are to be made in the blank books for registration of electors, which books are to be delivered to the inspectors before the hour set for registering the names of electors on the first day of registration. Such books contain instructions which should be carefully read by each inspector before proceeding with the registration of voters, and in addition thereto, the inspectors are advised to carefully read the provisions of § 32, for more full and complete instructions. Qualifications of Electors. The qualifications of an elector for the purpose of having his name placed on the register, are fully set forth in § 34, and should be thoroughly understood by the inspectors of election. 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 enrolled, his name should not be entered on the register of electors unless upon examina- 150 The Election Law. tion under oath, the applicant shall prove to the satisfaction of the inspectors his right to be enrolled. Blank challenge affi- davits are provided for each board of inspectors, which are to be filled out by the Inspectors in every case of a challenge, or if a member of the board shall have reason to suspect tbat the appli- cant is not entitled to have -his name enrolled on the register, and if the applicant shall by his answers satisfy a majority of the board of inspectors of his right to be registered, they shall enroll his name. If not, they shall point out to him the qualifi- cation which he lacks as an elector, and his name shall not be enrolled upon such register except as provided by section 31 of the election law, relating to the adding and erasing of names on the register. See § 34, subd. 6. Duties at the Close of Registration Days. At the close of each day's registration, each inspector is re- quired to draw a line in ink immediately below the name of the elector last entered upon each page of his register; and upon the succeeding day of registration, he must enter the names of electors immediately under such lines. See § 35, subd. 2. The inspectors must also, at the close of each meeting, sign the certificate contained in the last pages of each registration book, to the effect that such register as it now is, is a true and correct register of the names and residences of all the electors enrolled by them. See § 35, subd. 1. Inspectors of each election district shall at the close of the last day of registration, certify to the officer or board charged with the duty of furnishing ballots, the total number of electors en- rolled in such district and inspectors in districts within the metro- politan elections district, shall at the close of each day furnish the like information to the state superintendent of elections. Inspectors of each district in cities are required to furnish to the police at the close of each day of registration the total number of electors enrolled on such day in their respective dis- tricts. See § 35, subd. 3. Instructions foe Ei^botion Officers. 151 At the close of the last day of registration, the inspectors shall flle the book of stubs and unused challenge affidavits with the officer from whom it was received. See § 34, subd. 6. Boards of inspectors of election districts in cities of the first and second class are required immediately after the close of the last day of registration to make and complete one list of all persons enrolled in their respective districts in numerical order of the streets and numbers thereof, which list shall be signed and certified by the board of inspectors, and delivered' by the chairman of the board to the police captain of the precinct in Whidh the election district is located, or to an officer thereof. See § 32, subd. 3. 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 § 35, subd. 2. In cities within the metropolitan elections district the board of inspectors of each election district, are required immediately at the close of the polls of each day of registration, to make and complete one list of all persons enrolled in their respective dis- tricts, in the numerical order of streets and numbers thereof, in the blank books which will be furnished each such board of inspectors, which list must be delivered forthwith by the chair- man of the board to the police for delivery to the state super- intendent of elections at his office. See § 10, of chap, 676, laws of 1898, as amended by chap. 499, laws of 1899. DUTIES ON ELECTION DAY. Opening of the Polls. Election officers are required to meet at the polling places of their respective districts not later than 5.30 a. m., and proceed to arrange the polling places for the orderly and legal conduct of the election. See § 100. For manner of arrangement of polling places see § 17. Sealed packages containing official and sample ballots, instruc- tion cards and stationery, are required to be distributed to each 152 The Election Law. 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 oilicer or board delivering the same a receipt therefor. See § 87. If the official ballots required to be furnished shall not be de- livered at the time required, the board fcliall cause unofiicial ballots to be prepared as nearly in the form of the official ballots as practicable. See § 89. The following duties shall be performed by the inspectors be fore opening the polls: 1. Open the sealed package of instruction cards, and cause tliem to be posted in the manner provided for by law. 2. Open the sealed package of official ballots and sample bal- lots and place them in charge of the ballot clerks. 3. Place the poll books in charge of the poll clerks. 4. Cause to be placed at a distance of one hundred feet from the polling place, the distance markers. 5. See that the voting booths are supplied with pencils having black lead only. 6. Unlock the ballot boxes, see that they are empty, allow the watchers present to examine them, and lock them up again while empty in such manner that the watchers present and the persons just outside the guard rail can see that such boxes are empty when they are relocked. 7. The election officers should be stationed as near each other as practicable within the inclosed space. See § 100. 8. Designate an inspector to receive ballots from the electors voting, and if a majority shall not agree to such designation, suth position shall be filled by drawing lots. See § 10:j. 9. If at the opening of the polls there should be a vacancy in any of the election offices, or any election officer should be ab- sent, such vacancies and absences should be filled at once. See § W. Proclamation of Opening of Polls. The polls of evciv general elecLion shall be open at six o'clock in the forenoon. See § 3. Instructions for Election Officers. 153 One of the inspectors shall then make proclamation that the' polls of election are open and of the time o'clock in the after- noon when the polls will be closed. See § 100. The following form may be used or any other that will meet the requirements of law: "Hear ye! hear ye! hear ye! The polls of this e'lection is 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." Watchers and Challengers. Duly authorized watchers, two of each political party or independent body, upon the production of their cre- dentials, should be admitted within the guard rail at least fifteen minutes before the unlocking and examination of any ballot box at the opening of 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. See § 102. 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 §102. Delivery of Ballots to Electors. Do not allow within the guard rail more than twice as many electors as there are voting booths thereat, in addition to the I>ersons lawfully within such guard rail for other purposes than voting. See § 104. Tersons lawfully authorized to be admitted within guard rail are enumerated in § 101. When an elector enters within the guard rail, after giving his name and residence, and age, if required by the inspectors, one 154 The Election Law. of the inspectors shall thereupon announce the name and resi- dence of the elector in a loud and distinct voice, and if such elec- tor is entitled to vote thereat, and if there is no challenge, or if challenged and the challenge be decided in his favor, one of the ballot clerks shall deliver to him a set of official ballots folded in the proper manner for voting. See § 104, subdivision 1. If it be an election for which electors are required to be regis- tered, the other inspectors shall, before any ballots are delivered by the ballot clerks, ascertain whether he is duly registered, and the ballot clerks shall not deliver any ballot to such elector, until the inspectors announce that he is registered. See § 103, sub- division 1. The ballot clerk shall deliver the ballots in such order that the numerical order of the numbers printed on the stubs of the ballots delivered, shall be the same as the order of the succes- sive deliveries thereof. The ballot numbered one on the stub being the first thereof, and so on. See § 103, subdivision 2. If, in addition there shall be any ballots of questions submitted, such ballots shall be delivered to the elector in such order that the number on the stubs of both ballots so delivered shall be the same. See § 103, subdivision 2. In case one of a set of ballots bearing the same number shall be found defective in printing, or mutilated, before the same is given to the elector, both ballots of that number shall have the stubs removed therefrom by the ballot clerks, and such ballots shall be deposited in the box for spoiled and mutilated ballots, and the stubs in the box for detached stubs; and a memorandum shall be made of the fact that such set was not delivered to the electors. See § 103, subdivision 2. The ballot clerks shall upon the delivery of official ballots to the electors announce the elector's name and the printed number on the stub of each ballot so delivered. See § 103, subd. 2. Upon the return of a ballot or set of ballots unvoted, they shall announce the name of the elector returning them, and the printed number on the stubs of the ballots so returned, and shall at once remove the stubs from such returned ballots, and deposit the Instructions kor Election Offigees. 155 same in the box for detached stubs, and such ballots in a box for spoilt and mutilated ballots; and shall then make a memo- randum of the number of such ballots and the fact that they were returned spoiled by the electors. See § 103, subdivision 2. If an elector deface or tear a ballot, or wrongly mark the same, .he may successively obtain others, one set at a time, not exceed- ing in all three sets, upon returning each set of ballots so de- faced or wrongly marked to the ballot clerks. See § 105. Upon each delivery of the official ballot, or set of official bal- lots, by the ballot clerks to an elector, each poll clerk must make the proper entries in the proper column of the poll book. See § 103, subdivision 3. No ballot shall be delivered to an elector, except such as the voter is legally entitled to vote, and also a sample ballot when the same is asked for. See § 104, subdivision 1. Assistance for Certain Electors. In cases of physical disability or illiteracy of an elector, which must be declared by the elector under oath, two of the election officers, both of whom shall not be of the same political faith, may enter the booth with such elector and assist him in prepar- ing his ballots. Such election oflicers are forbidden to influence such elector, or reveal to any person the name of any candidate voted for by such elector. See § 104, subdivision 2, Receiving of Ballots. Wlien the ballot of a qualified elector is presented to the in- spector in charge of the ballot box, such inspector shall announce the name of the elector and printed number on the stub in a loud and distinct voice, and if the elector be entitled to vote and be not challenged, or if challenged and the challenge be decided in his favor, and if his ballots are properly folded and have no mark or tear visible on the outside thereof, except the printed number on the stub and the printed indorsement on the back, and if such printed num. 156 The Election Law. ber is the same as that entered on the poll books as the number on the stub or stubs of the official ballot or set of ballots last delivered to him by the ballot clerks, such inspector shall receive such ballot or ballots, after removing the stub or stubs there- from in plain view of the elector, and without removing any other part of the ballot, or in any way exposing the face thereof below the stub, shall deposit each ballot in the proper ballot box for the reception of voted ballots, and the stub in the box for detached ballot stubs. See § 106. As each elector votes the inspectors shall check his name upon such register, and shall enter therein in the column provided therefor, opposite the name of such elector, the consecutive unm- 1)er upon the stub of the ballot or set of ballots voted by him. See § 103, subdivision 1. As each elector offers his ballot, or set of ballots which he in- tends to vote, to the inspectors, each poll clerk shall report to the inspector whether the number entered on the poll books kipt by him, as the number on the ballot or set ot ballots last de- livered to such elector ds the same as the number on the stub or ballots so offered, and as each elector votes each poll clerk shall enter in the proper column on his poll book the number on the stub of the ballots so voted. See § 103, subdivision 3. Challenges. A person may be challenged, either when he applies for an oflicial ballot, or when he offers the ballot that he intends to vote, or previously by notice to that effect to an inspector by any elector. It shall be the duty of each inspector to challenge every person offering to vote, whom he shall know or suspect not to be duly qualified as an elector. See § 108, subdivision 1. In such cases the following preliminary oath shall be tendered to him : "You do swear (or affirm) that you will fully and truly answer all such questions as shall be put to you touching your place of residence and qualifications as an elector." See § 108, subdivision 1. Instructions for Election Officers. 157 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 lapt place of residence before you came into this election district? 6. How long have you resided in this county? 7. How long have you resided in this state? 8. Are you a native or naturalized citizen? If a naturalized citizen^ 9. When were you naturalized? 10. Where and in what court, or before what oiBcer? 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 dis- trict? 14. Have you made any bet or wager, or are you directly or in- directly 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 you expect to receive, any money or other valuable thing as compensation or reward for giving your vote at the next ensuing election? 16. Have you paid, offered or promised to pay, contributed, offered or promised to contribute, to another, to be paid or used, any money or other valuable thing, or made any promise, to in- fluence the giving or withholding of any vote at the next ensuing election? 17. Have you been convicted of felony? 18. If so convicted, have you been pardoned and restored to all the rights of citizenship? In addition, such other questions may be asked which may tend to test the qualifications of the persons offering to vote as 158 The ELEX3TI0N Law. a resident of the election district, citizenship and right to vote at such polling place. See § 108, subd. 1. Upon the refusal of any person to take the preliminary oath, and to answer fully the questions which may be put to him, his vote shall be rejected. See § 108. After receiving the answers of the person challenged, the in- spectors shall point out to him the qualifications, if any, in respect to which he shall appear to them to be deficient. See § 108. And if the person persists in his claim to vote, and the chal- lenge be not withdrawn, the following oath shall be administered to him : " You do swear (or afBrm) that you are twenty -one years of age, that you have been a citizen of the United States for ninety days, and an inhabitant of this State for one year next preceding this election, and for the last four months a resident of this county, and for the last thirty days a resident of this election district, and that you have not voted at this election?" See § 108, subd. 2. If the person so offering to vote shall be challenged for causes stated in section two of article two of the Constitution of this state, the following additional oath shall be administered by one of the inspectors : " You do »wear (or affirm) that you have not received or offered, do not expect to receive, have not paid, offered or promised to pay, contributed, offered or promised to contribute to another, to be paid or used, any money or other valuable thing as a compensation or reward for the giving or withholding a vote at this election, and have not made any promise to influence the 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 § 108, subd. 2. If the person so offering to vote shall be challenged on the ground of having been convicted of bribery or any infamous crime, the following additional oath shall be administered to him by one of the inspectors: "You do swear (or affirm) that you have not been convicted of bribery or any infamous crime, or if so convicted, that you have been pardoned and restored to all the rights of a citizen." See § 108, subd. 2. Instructions for Election Officers. 159 If any person shall refuse to take either oath so tendered, his vote shall be rejected, but if he should take the oath or oaths tendered him, his vote shall be accepted. Section 108, subd. 2. A record of the persons challenged is required to be kept, con- taining the name of every person v^ho is challenged, or who takes either the preliminary or general oath, specifying in each case the particular oath taken, and at the close of election, the inspectors shall certify that the record contains the names of all persons challenged at such election in such district. See § 108, subd. 3. Closing the 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 oflBcial ballots to the electors, and the electors entitled to vote who have lawfully begun the act of voting before the time fixed for the close of the polls, shall be allowed to complete the act. See § 3. Immediately upon the closing of the polls, the inspectors of election shall publicly canvass and ascertain the votes, and not adjourn or postpone the canvass until it shall be fully completed, as follows. See § 110. The ballots are to be canvassed in the following manner: 1. The box containing the general ballots is to be opened and ballots therein canvassed. 2. The box containing the ballots cast upon any constitutional amendment or other proposition or question is to be opened and ballots therein canvassed. 3. The board of inspectors shall compare the two poll books with the registers used on election day as to the number of elec- tors voting at the election, and correct any mistakes therein. 4. Count the ballots found in the ballot boxes without unfold- ing them, except so far as to ascertain that each ballot is single. 5. Compare the number of ballots found in each box with the number shown on the poll books and the ballot clerks' state- ment to have been deposited therein. 6. If more ballots are found in any box than the number of ballots shown to have been deposited therein, such ballots shall 160 The Election Law. all be replaced without being unfolded, in the box from which they were taken and shall be thoroughly mingled therein, and one of the inspectors designated by the board, shall, without seeing the same, witli his back to the box, publicly draw out i s niany ballots as shall be equal to such excess and without unfold- ing them, forthwith destroy them. 7. If two or more ballots shall be found in the ballot box so folded together as to present the appearance of a single ballot, they shall be destroyed if the whole number of ballots in the box exceeds the whole number of ballots shown by the poll books and ballot clerks' statement to have been deposited there- in, and not otherwise. 8. If there lawfully be more than one ballot box for the recep- tion of ballots voted, no ballot properly endorsed, found in the wrong ballot box shall be rejected, but shall be placed in its proper box by the inspectors before canvassing and counted in the same manner as if found in the proper ballot box, if such ballot shall not together with the ballots found in the proper ballot box, make a total of more ballots than are shown by the poll books and ballot clerks' statement to have been deposited in the proper box. 9. No ballot that has not the official indorsement, shall be counted except such as are voted in accordance with the provis- ions of the election law, relating to unofficial ballots. 10. The chairman only of the board of inspectors shall unfold the ballot taken from the ballot box. Rules for Counting. Rules governing the counting of votes are contained in sub- division 2 of section 110, under the head "Intent of electors," and should be consulted by election officers upon any question arising during the canvass. Method of Counting. The method of counting .'■linll be as follows: 1. The straight ballots are to be separated from the split bal- Instructions for Election Officers. 161 lots and counted, and the number of straight party votes for each candidate counted. 2. The poll clerks shall enter the number of straight party votes for each candidate on each tally sheet by the poll clerk keeping the same. 3. The split ballots will then be taken up separately by the chairman of the board, who shall announce the vote for each candidate on each such ballot in the order of the offices printed thereon, and each poll clerk shall make an accurate tally of the same. 4. As the votes on each split ballot are counted, such ballots shall be passed to the other inspectors for verification. 5. After the poll clerks have added together all the votes for each candidate, and the ballots wholly blank and void, together with the ballots on which no votes were counted, for any candi- date for such office, and shall have entered the sum thereof in the ppopier column of the tally sheet, as soon a® the count is com- pleted for each office, they shall submit the results to the in- spectors. 6. If the result is found to be correct the chairman shall at once announce the same. 7. When a ballot is not void and is objected to as marked for identification the inspectors shall write on suoh ballot the words " objected to because marked for identification," and shall specify over their signatures upon the back thereof the mark or marking upon such ballot to which objection is made. The vote shall be counted by them as if not so objected to. 8. Inspectors must exhibit if requested any and all ballots to watcher, fully opened, and in such condition that he may fully and carefully read and examine the same, but such inspector shall not allow any such ballot to be tg^ken from his hand. 9. In cities of first class the chairman of the board shall forth- with upon completion of the count of votes and announcement thereof, deliver to the police officer on duty at the polling place a statement subscribed by the board stating the number of votes received by each candidate for office. See § 110, subd. 3. 11 1G3 The Election- Law. Statement of Canvass and Certified Copies. Ujion the completion of the canvass the board of inspectors shall make out an original statement of canvass and two certi- fied copies thereof, and sign and certify them as required by law. Each ballot declared void by the inspector shall be endorsed upon the back thereof, with the specific reason for its rejection, and such void ballots, together with the ballots which were pro- tested as being marked for identification, shall be secured in separate sealed package which shall be endorsed on the outside thereof, with the names of the inspectors and designation of the election district,, and the number and kind of ballots contained therein. Unofficial ballots which are voted shall be returned in a pack- age with the void and protested ballots. See § 111. The ballots voted, except the void and protested ballots, should be replaced in the box from which they were taken, to- gether with a statement as to the number of such ballots so replaced, and each such box shall be securely locked and sealed, and immediately deposited with the officer or board furnishing such boxes. See § 111. Proclamation of Result. Upon the completion of the canvass of the original statement and certified copies, and the result thereof, the chairman of the board shall make public oral proclamation of the result of the canA'ass. See § 112. Such proclamation of result should be made in the form fol- lowing: "Hear ye! hear ye! hear ye! The whole number of votes given for the office of (governor) found in the box just canvassed was (1090); of which number there were given for said office, for Roswell P. Flower (.505), for .Tacob Sloat Passett (?,C>2), for .Joseph \Y. Bruce (15.'?)," (naming each person voted for, for the office of governor, and the number of votes given for liim for that office). '• The whole number of votes given for the office of lieutenant- governor, found in the same box, was ; of which there Instructions foe Election Ofpigbes. 163 were given for that office, for William P. Sheehan, , for Jolin W. Vroomian, " Proceed on with the votes given for the different candidates. The original statement of canvass and the certified copies thereof will then be securely and separately sealed with sealing wax in an envelope properly endorsed on the outside thereof by the inspectors. See § 112. Delivery and Filing of Papers, etc. At every general election, the chairman of the board shall forthwith upon the completion of the canvass, deliver one certi- fied copy thereof as follows: One copy shall be delivered to the supervisor of the town (# city in which the election district is situated, and if there be no supervisor, or he be absent or unable to attend the meeting of the county board of canvassers, such copy shall be forthwith de- livered to the assessor of such town or city. See § 113, subd. 1. One certified copy of such original statement of the result of the canvass, together with the poll books of the election and one of the tally sheets shall be forthwith filed by the inspectors, or by one of them deputed for that purpose, with the town or city clerk as the case may be. See § 113, subd. 1. The original certified statement of the result of the canvass, with the original ballot return, prepared by the ballot clerk, attached, the sealed package of void and protested ballotsi, the record as to challenged and assisted voters, with the sealed packages of the detached stubs and unvoted ballots, and one of the tally sheets shall within twenty-four hours after the com- pletion of the canvass, be filed by the chairman of the board of inspectors, with the county clerk of the county in which the election district is situated. See § 113, subd. 1. The registers of electors and public copy thereof shall be filed in cities of the first class, at the close of the canvass of votes, or within twenty-four hours thereafter shall be filed re- spectively with the board of elections in the Borough of Man- hattan, and with the chief clerk of the branch office of the board 164 The Election Law. of elections in each other borough of the city of New York in which the election district is located, and with the city clerk of Buffalo. See § 35, subd. 2. In all other election districts of the state, one copy of the register shall within twenty-four hours after the close of election, be filed in the oflQce of the town or city clerk in which such election district is, and the other copies with the county clerk. See § 35, subd. 2. In the city of New York, the original statement of canvass, the sealed packages of void and protested ballots and other election papers and packages, shall be filed as provided in sub- division 2, of section 113, of the election law. * In election districts within the metropolitan elections district, the certified copy or original statement, tally sheet and poll book required to be filed with the town or city clerk, under sub- division 1 of section 113; and the certified copy of the original statement of canvass required to be filed with the city clerk of the city of New York, the poll book and tally sheet required to be filed by the superintendent of elections of such city and with the chief of the branch bureaus of election, under subdivi- sion 2 of said section, shall be forthwith filed by such officers in the office of the state superintendent of elections for the metro- politan elections district. See § 113, subd. 3. HOW TO VOTE. Enter within the guard rail through the entrance provided, and forthwith proceed to the inspectors and give your name and residence to the inspectors. If entitled to vote, and your vote is not challenged, or if challenged, and the challenge be decided in your favor, one of the ballot clerks will deliver to you one official ballot, or set of official ballots, folded in the proper man- ner. See § 104, subd. 1. You will then retire alone to one of the voting booths for the purpose of preparing your ballots. The following rules are to be observed in marking your ballots (see § 105): Rule 1. If the elector desires to vote a straight ticket, that is. iNSTituc'i'ioNS FOit Election Officers. 165 for each and every candidate of one party for whatever ofQce nominated, he should make a cross X mark in the circle above the name of the party at the head of the ticket. Rule 2. If the elector desires to vote a split ticket, that is, for candidates of different parties, he should not make a cross X mark in the circle above the name of any party, but should make a cross X mark in the voting space before the name of each can- didate for whom he desires to vote on whatever ticket he may be. Rule 3. If the ticket marked in the circle for a straight ticket, does not contain the names of candidates for all oflfices for which the elector may vote, he may vote for candidates for such oflflces so omitted by making a cross X mark before the names of can- didates for such offices on other tickets, or by writing the names, if they are not printed upon the ballot, in the blank column under the title of the oflBce. Rule 4. If the elector desires to vote for any person whose name does not appear upon the ballot, he can so vote by writing the name with a pencil having black lead in the proper place in the blank column. Rule 5. The elector can vote for any ofSce by omitting to make a cross X mark in any circle, and making a cross X mark in the voting space before the name of every candidate he desires to vote for, except for the office for which he desires to cast a blank vote. Rule 6. In the case of a question submitted, the elector shall make a cross X mark in the blank square space on the right of and after the answer " Yes " or " No " which he desires to give on each such question submitted. Rule 7. One straight line crossing another straight line at any angle within a circle, or within the voting spaces, shall be deemed a valid voting mark. If you spoil a ballot, return it tothe ballot clerk, and he will give you another, not exceeding in all three sets, upon returning each set of ballots defaced or wrongly marked. See § 105. You are not allowed to occupy a voting booth occupied by another, nor to occupy a booth more than five minutes in case all 16C The Elkction Law. the booths are in use and electors waiting to occupy the same. See § 105. Before leaving the voting booth, fold your ballot in the proper manner for voting, which is first by bringing the bottom of the ballot up to the perforated line, and second, by folding both sides to the center or towards the 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 the stub can be removed without re- moving any other part of the ballot, and without exposing any of the face of the ballot below the stub, and so that when folded, the ballot shall not be more than four inches wide. See § 104, Bubd. 1. The ballots handed to you by the ballot clerks will be properly folded and can be refolded by you in the same manner. Such manner of folding should be carefully observed before unfolding your ballot for the preparation of your vote. See § 104. After preparing your ballots proceed at once to the inspector in charge of the ballot-box, deliver your ballots to him aad after seeing them deposited, leave the enclosed space. See § 106. A voter who declares on oath at the time of registration or if subsequently disabled, on the day of election, that for lawful reasons he is unable to mark his ballot without assistance, may receive the assistance of two of the election ofBcers in marking the same. See § 104, subd. 2. All ballots must be marked with a lead pencil having black lead only. See § 105. An elector is not allowed to re-enter the enclosed space after having voted. See § 106. An elector who does not vote a ballot delivered to him must return the same to the election officer before leaving the {.olliT]^ place. See § 106. INDEX. A. Ad j ournmeiit : Page. after opening of polls, prohibited 2 of canvass, prohibited 107 of county canvassers 110, 120 of state canvassers 128 Aldecnuen: list of candidates seat to 68 posting of, by CS Appointmeiit : ballot clerks 20, 25 Inspectors 20, 23 to fill vacancies 20, 20 poll clerks 20, 25 qualifications for , 11 watchers at polls 04 at.registration 33 Army: absence in, not to preclude riglit to vote 41 B. Ballot boxes: arrangement of, at polls ; 28 ballots, how deposited in 103 candidates, box for ballots for 27 constitutional amendments, box for. ...."; 27 delivery of, at polling places 10 detached ballot stubs, box for 27 distance between, and guard rail 28 examination of, by inspectors and watc-hers 93 expense of providing 28 general ballots, box for 27 kept within guard rail 91 lock and key 27 officers to provide 10 openings in lids of 27 preservation of, when not in use 10 questions submitted, box for 27 168 Index. Ballot boxes — Continued. Pagb. spoiled and mutilated ballots, box for 27 town ballots, box for -7 town propositions, box for -" unauthorized matter not to be placed In 93 unloclied or unopened, not to be 93 witbin rail at opening of polls 03 Ballot cabinets and machiness See " VoTiijQ Machines." Ballot clerks: absence of 20 announcement by, on delivery of ballots 97 on return of ballots 97 appointment of 2(i, 25 ballots, defective In printing, etc., disposition of 'JLi delivery of, regulated 9G delivery of, order of 96 delivery of folded, to voters 99 placed In charge of 93 return of, by voter, duty upon 97 return of, prepared by 97 form for 83 nnused, delivery and return of to Inspectors 97 sample ballots, to furnish voters 79 to receive 93 voters may talie away from polls buforc voting 79 epoiled, destruction of 97 spoiled, replacing of, by 97 certificate of service as in cities 22 compensation of 30 duties of, general 96 exempt from jury duty in cities of first class 23 number of T 11 oath of office of 21, 2j failure to take In cities, penalty for 23 one to be chosen from each party 12, 25 iipeniug of polls, to be present at 93 position of, within inclosed space 91 qualifications of ,. . 1] rLmoval for cause, in cities 22 statement by, of ballots delivered, returned, etc 97 form for 83 stubs detached, return of, to Inspectors 97 term of office of 11 vacancies in office of 20, 26 Indbx. 169 Ballots : Pagh. blank spaces on, with title to be filled by voter 63 city clerk to distribute to polling places 90 when to provide 89 when objected to . . i 112 constitutional amendments, etc., ballots for 77 counting of, at elections 107, 108, 109, 111 excess to be drawn, etc 108 exhibition of ballots to watchers 112 powers and duties of inspectors as to 109 when folded together 108 when in wrong box 108 without official endorsement 109 county clerk, to distribute 90 to provide 88 delivery of, to inspectors 90 receipts for 91 to town or city clerks 90 to voters 98 delivery of, regulated 96, 98 deposit of, In boxes 103 proper indorsement, when without, not to be deposited 103 distribution of, by inspectors at polls 93 to polling places^. 90 destruction of, when folded together 108 distribution of, to polling places 90 elections for which, shall be printed 73 emblems for, choice of 58 eri-ors and omissions in, correction of 91 expense of printing and delivering 29 facsimile of officer's signature required on 76 folding of, by voters 99 form of 73 independent tickets on 75 indorsement on 76 judicial investigation of 117 •kept within guard rail .' ,• • 94 folding of, proper manner 99 marked, prohibited 101 not to be counted Ill names of all candidates 73 limited 77 number of, for each polling place 88 objected to, filed with statements of result 115 judicial Investigation of. . . , 117 to be marked 112 170 ' Index. Ballots — Continued. Paqb. ofScial ballots for candidates, form for. 73 at school elections 73 one form only 73 party device on 73 party ticket on 73 pasters on 72 preparation of, by electors 101 preservation of, after election 11-1 stubs to IKi, 117 ■where filed ll'j, IIC presidential electors, ballots for 74 public inspection of, before election 89 questions submitted, ballots for 77 rules for marking 102 sample ballots, delivery of, to voters 79-89 for polling places, providing of 79 form of 79 spoiled ballots, replacing of 101 stub on, how printed 70, 77 preservation and filing 115, 116 substitutes for missing ballots, distribution of 92 terms of office, designation of, on 77 town clerks, to deliver 88 to provide 89 town meetings, ballots for 73, 76 unofficial ballots, preparation of 92 use of, when permitted 92, 104 unvoted ballots, filing of 115, 116 unused ballots, preservation of 115, 116 return of, etc., to inspectors 97 village clerk to deliver 89-90 to provide 89 village elections, ballots for 73, 77 void ballots Ill filing and preservation ot. . ^ 11.'!, 115, 116 judicial investigation of 117 return of 114 Beer: sale of, at places of registry, prohibited 9 at polling places, prohibited 9 •iale, etc., within one quarter of mile of polls, prohibited 2 Blank forms: to be furnished election officers 80 Indqx. ft71 Board of Eegistryt See " Eegistbation." Booths: Sec " "Voting Booths." Board of bounty Canvassers: See " County Canvassees." Board of Inspectors: See " INSPECTOES 01" Election." Board of Registers: See " Registkt, Boards op." Board of State Canvassers: See " State Oanvasseks."- _ Boards of Election: Paqb. in cities of first class , 12 a Candidates: emblems to distinguish, selection of 69 list of nominations, errors in, correction of 91 posting of 68 publication of 66 sent to aldermen and town clerlis 68 nomination of 58, 62 official ballots for 73 See, also, " Nominations." Canvass of votes: adjournment, prohibited 107 -ballots, counting of, commence immediately at close of polls 107 excess to be drawn and destroyed 108 exhibition of, to watchers 112 first count before unfolding 108 folded together, when destroyed 108 In wrong box, not to be rejected, etc 108 method of counting 107, 108, 109, 111 objected to ballots to be marked and counted 112 penalty for marking, during ^ 112 powers and duties of inspectors in counting 109, 111 replacing in box, after counting 114 , rules for counting 109, 111 unfolded by chairman only 109 without official Indorsement 109 boxes, ordar of opening. i 108 comparison of poll Usta 108 172 Index. Canvass of votes — Continued. Page. Intent of electors, liow arrived at 109, 111 proclamation of result 115 public canvass and ascertainment of votes 107 room used for, lighted 107 entrance to, to be open 108 statement of canvass 113 ballots to be filed wltti 113, 114 certified copies of ' 113 statement of, certifying original 113 correction of errors in 120 delivery of copy of, to supervisor, etc 115 of town clerk, etc 115 filing of 115 in New York IIG for police department In cities of the first class 113 form of 84r-86 objected to ballots, to be filed with 113, 115 original 113 refusal to certify, grounds for 114 time and place for signing 107 penalty for violation 107 unofficial ballots to be filed with 114 void ballots to be filed with 113, 114 watchers may be present at 93 Cards of Instruction: See " Instruction Cards." Caucus: See " Pbimaby Elections." Challengers: permitted to remain outside of guard rail 95 Challenges: at elections: additional oaths 10(3 examination of persons challenged 105 general oath, if challenge not withdrawn 106 form of , 106 preliminary oath IO5 questions -on I05 qualifications of voter, board to point out 105 record of challenges lOfi right of challenge 99 rejection of votes, upon refusal 105, 106 voters registered, may be challenged 99 taking oath, entitled to vote lOg Index. 173 Challenges — Continued. At registry of voters: Pace. challenge alBdavit 42 challenge, filing of 48 examination of applicant for registry 43 preliminary oath 46 questions on 43 record of, on register 49 refusal to make statement 49 who may challenge 46 City clerk: ballots, delivery of, to 00 distribution of, by, on election day 00 preparation and furnishing of, by 89 substitutes for official ballots, may prepare 92 Cities : ballot machines, use of , in 134 ballots for election In 89 boards of registry, meetings of 32 election districts in, nevr, copies of previous registers for 55 election expenses, city charge 29 elections, s.tatements of results of, filing of 115 inspectors of election in 20 list of voters, hovy prepared in 30, 39 polling places, designation of 9 registration of voters in 32, 34, 38 special election in, registry for. 39 Concurrent resolutions: publication of . . . .^ 5 Congress: members of, election of 141 filling vacancies in office of 3 Constitutional amendments: ballot box for 27 ballots for , 77 publication of ; . . 5 submission of, time for 4 Conventions: definitions of 56 emblems for ballots, selection of, by 58 nomination at 58 See, alsOj " Nominations." 174 Index. Convict: Page. challenge as a 106 County: four months in, to vote 41 County canvassers: ' adjournment of 119, 120 board, how composed 118 canvass of votes, by 119 certificates of election, to transmit 120 chairman of 119 decisions, as to persons elected 125 publication of 12G election district statements, errors in, correction of 120 production of, before board 119 errors by boards, correction of 120 mandamus to compel corrections and performance of duty 120 to compel meeting and organization 119 meetings of 118 organization of 118 quorum of 119 secretary of 119 statements of canvass, certificates of 121, 122, 123 separate statement for each oflSce 122 transmission of, to state ofiicers and boai-d of elections 126 County clerks; ballots, delivery of, to town or city clerks 00 errors and omissions In, correction of, by 91 ballots, delivery of 00 number to be furnished districts by 88 providing and printing, duty as to 88 blank forms, to furnish ' 80 canvass, publication of 12C cards of instruction, to provide 89 certificates of election, to deliver 120 certificates of nomination filed with 04, Gj, 06 compensation of, for services 30 constitutional amendments, duty as to 4 distance markers, to provide 79 election laws, distribution of, by 31 notice of election, publication of, by 4 list of candidates, to furnish aldermen and clerks 08 nominations, certain, certified to by secretary of state 66 filing uf, ^yitU 64, 65, 06 Index. 175 County clerks — Continued. Page. list, publication of, by 66 registry books, delivery of '. . . ■ 53 secretary of county canvassers 119 statements of canvass, duties as to 126 See also " County Oanvassees." County officers: certificate of election of 126 statement of votes for 123 D. Declination: nominations 68 notice of declination of nomination 68 Distance markers: delivery of, to inspectors 89 expense of providing 29 officers to provide 88 placing of, at polls 93 Disabled voter: See " Electoes." fi. Election districts: creation, alteration, etc., of 6 in cities '. 0, 7 in towns 0, 7 maps and boundaries of 8 Election, inspectors of: See " INSPECTOBS or Election." Election officers: additional oatb of 100 board of, to be bi-partisan 12 designation and number of 11 duties of, general 95 general- qualifications of 11 in cities 20 appointment and qualifications of 20, 21, 22 certificate of service as , 22 exemption from jury duty 23 176 Index. Election oflacers — Conlhiiicd. ~ Page. failure to take oatb, penalty for 23 neglect of duties, penalty for 23 oaths of « 22 removal for cause 2;! In towns 23 term of office of H to assist Illiterate and disabled electurs UO Elections: adjournment or Intermission problbitiMl 2 ballot clerks, general duties of .' . 96 ballots, delivery of, to voters S>8 how to mark, for voting 101, 102, 109 ballots objected to, judicial investigation of 117 preparation of, by voter 101 providing of, at public expense 73 unofficial, when may be votcl 104 canvass of votes 107 challengers at 95 challenges at 104 distance markers, placing of 93 electioneering at 94 expense of, payment of 28 general election, day of 2 general regulations for 93 guard rail, who admitted within 94 inspectors, general duties of 95 laws, transmission of, to clerlvs and election officers 31 notices of 3 order at, preservation of 26 papers, delivery and filing of, by Inspectors 115 poll clerks, general duties of 97 polls, closing of, time of 2 opening of, time of 2 opening of, proclamation on 04 pnielamation of, result of 115 special, to fill vacancies 3 statement of canvass 113 correction of 120 voting, manner of 103 watchers at 94 Electors: announcement of names by, to inspectors 99 assistance fur disabled and Illiterate voters 41, 99 Index. 177 Electors — Continued. Page. ballots, delivery of, to ._ 96, 98 marking, for voting 101 majlis on, not to place other than (x) cross mai'ls 10] preparation of, by 101 return of, and passing outside of rail 103 sample, furnishing of , to 79, 91 spoiled, replacing of loi to deliver bacls before leaving rail 103 unvoted, to return 103 booths, occupation of, by 101 challenge of, on application for ballot's 104 on application for registry 42 taking oath, entitled to vote 106 disabled voters, assistance for 41, 99 assistants not to Influence 100 assistants not to divulge names 100 oath of, form for 41, 99 election districts, number In G entry of, vyithin guard rail 98 illiterate voter, assistance for 41, 99 oath of, form for .41, 99 Inspectors, may appoint, to fill vacancies, etc 23 leaving space before voting 103 manner of voting by 103 personal appearance for registration 38 persons excluded from right of suffrage 49 qualification of, for registration 41 for voting 41 questions submitted, how to vote upon 102 residence of 41 change In 42 registration of 32 personal appearance, when required 38 qualifications for 41 registry list of 34 right to vote, challenge of 90 statements may be requii-ed of, at elections '. 104 at registration 43 unofllcial ballots, use of by 104 unvoted ballots, to return 96 unregistered voter not to vote 09 Electors of president and vice-president: ballots for • 74 compensation of 143 12 178 I^'DBX. Electors of president and vice-president — Continued. Page. election of 142 list of electors for 142 electoral college, meeting and organization of 142 list of persons voted for 143 messengers, appointment of, etc 143 meeting of 142 president of 1 42 secretaries of 142 statements of votes for 122 vote of electors 143 Emblems: selection of, to distinguish candidates 58. 6-t, 70 Employes: absence for voting, entitled to 107 no reduction from salary or wages 107 a Ci«neral election: when to be held 2 Guard rail: admission within, regulated 94 construction, manner of 28 entry of voters within -. 98 expense of providing 28 officers to provide 10 preservation of 10 I. Illiterate voters: assistance for 41, 9<) Independent nominations: See " Nominations." Inspectors of elections in. cities: absence and vacancies at meetings, filling of 25 appointment of 20, 21, 22 certificate of service as 22 chairman to prepare 22 making false one, penalty 2;i compensation of 30 exempt from jury duty 23 neglect of duties by, penalty 23 Index. 179 Inspectors of elections in cities — Continued. Paoh. number of 11 oath of office of 21 failure to take, penalty 23 qualifications of 11 removal for cause 23 term of office of 11 Inspectors of election in towns: absences and vacancies at meetings, filling of 25 appointment, to fill vacancies 25 appointment of 23 fees for filing pai)ers and mileage 30 number of '. 11 qualifications of 11 term of office 11 Inspectors of elections, g'eneral provisions relating to: At elections: adjournment or intermission prohibited 2 announcement by, vyhether voter Is registered 96 of name, etc., of voter 90, 108 ballot clerks, appointment of, by 26 ballots, counting of, by 107, 109, 111 ballot boxes, placing of unauthorized matter in, prohibited. . 94 unlocking and relockiog by 93 ballots, delivered to 90 delivery of, to voters 98 entry upon registry upon delivery of 96 distribution of, by, at polls 93 exhibition of, to vratchers 112 not to deposit certain 103 receipts for 91 receiving of, from voter, by 103 within rail, to be at opening of polls 93 board of Inspectors, organization of 25 disobedience of command of 26 meetings of, public 26 one, appointed to receive ballots 95 preservation of order by 26 questions before, determined by majority 96 Canvass of votes by: adjournment of canvass prohibited. 107 ballots, excess to be drawn 108 exhibition of, to watcher 112 180 Index. Inspectors of elections — Continued: Page. folded together, when destroyed 108 In wrong box not to be rejected 108 objerted to, to be marked 112 without official indorsement net to be couiilod. 109 comparison of poll lists 108 powers and duties of inspectors in canvi.ssing 100, 111 proclamation of result 115 Statement of result of canvass: certiflcates thereto 114 certiiied copies to be made 113 copies to be filed with county cirrk 115 to be filed with town or city cleik 115 correction of errors in 120 delivery of, to assessors 115 to supervisors 115 form of 81-86 chairman of, appointment of 25 challenges, duty in case of 105 record of IOC powers as to 1U5 chccliing of names by 00 designation of inspectors to receive ballots 05 distance markers, placing of 93 disabled or illiterate voters, to administer oath to 09 duty of, general 0.1 giiard rail, who admitted within 94 illiterate voter, to administer oath to 09 instruction cards, distribution of, by 93 meeting of 03 public, to be 20 oath, to take before opening polls lOO opening of polls by 03 proclamation of y 1 order at elections, to preserve , lie appointment of officers by, to prcsi rve 20 penaty for disobeying 2iJ position of, within enclosed space !j i poll clerk, appointment of, by 2r>, 2(5 poll, opening of 9;j proclamation of 9i polls, opening and closing of, time for 2 proclamation of result of canvass 11," register of voters, cliuck mark upon, upon voting 96 to have original at elections 93 Index. 181 Inspectors of elections — Oontinued. Registration of voters: page. challenge, of applicant, duty as lo 46 disabled and illiterate voters, duty as to 41 questions before, determined by majority ' . 96 registers of voters 34 "forms for. 34 meetings for registry ^_ naturalization papers, production of 49 not to be absent during 33 oath before, false, penalty for 49 preservation of order by 26 qualifications of elector for registration 41 addition and cancellation of names on 33 certificates to, to attach 50 copies of 50 custody of lists 51 delivery of previous, to 54 preparation of, by 34-37 selection of, to assist disabled or llliteiate voters 99 vacancies at meetings, filling of 25 vote, canvassing of 107 voting, manner of 103 Instruction cards: contents of 79 distribution of, for polling place 90 not to be taken down, etc., during election 94 oflacers to provide 88 posting of 93 printing of 79 L. Lavrs repealed: schedule of > 144, 145 List of voters: See " Registeation of Voters." Liquors : places of registry, not allowed at 9 polling places, not allowed at 9 sale, etc., within one quarter of mile of polls, prohibited to 2 M. Metropolitan elections district: application to vote upon names challenged at registry, duty of inspectors 104 board of elections for 12 election papers to be filed with superintendent 117 182 Index. N. Newspapers: Page. selection of, for publication of list of nominations 66 for publication of concurrent resolutions 5 for publication of notices of elections , 4 for publication of list of polling places 9 Ifominations: cex"tificate of, by secretary of state 66 by committee 59 by party organizations 58 committee named, to fill vacancies 59 by independent nomination 62 committee named to fill vacancies 64 correction of 70 filing of, places of 64. time for 05 Independent 62 names on restricted 64 objections to 69 questions as to, how decided 60 declination of 68 list of, publication of 66 for town clerks and aldermen 68 party nominations 58 record of 65 town, village nominations, posting of 68 vacancies in, filling of 70 certificate to be made 70 use of pasters In 71 Notices: elections, by secretary of state and county clerk 6 O. Oath: ballot clerk 21-25 challenge, oath on 40, 105 disabled voter 41, 99 Illiterate voter 41, 99 Inspectors In cities 21 poll clerks 21, 26 Officers: See " PuBLio Offickbb." Index. 183 P. Party nominations: See " Nominations." Pasters: See "Ballots." Physical disability: See " Disabled Voteb." Poll clerks: Page. appointment of 20, 25 certificate of service as in cities 21 compensation of .-> 30 duties of, general 97 exempt from jury duty in cities of first class 23 number of 11 oath of office of 21, 26 failure to take, penalty 23' one to be from each party 11, 25 poll list, challenges, to designate on ' 98 comparison of, with register 98 entries therein 97 form of 97 memorandum on, as to disabled voters and challenges 98 to have, at opening of polls 9'4 position of, within enclosed space 04 qualification of 11 removal for cause in cities 23 stubs, report of number on, upon offer to vote 98 term of office of 11, 25 vacancies and absence in office of 20, 25 Poll lists: challenges, to be marked on 98 clerk to have, at opening of polls 94 comparison of, at close of polls ;08, 108 delivery of, by clerks at close of elections 115 entries on 97 filed and preserved 115 form of 97 memorandum as to disabled voters on 97 Polling places: arrangement of 28 ballot boxes for 27 ballots, number of, for 88 184 Index. Polling places — Continved. Page. challengers at 95 compensation for use of 28 designation of rooms for 9 publication of ". 10 furniture for preservation of 10 guard rail at 28 liquors not to be sold at or near 9 one only in single room 9 persons to be admitted In 94 supplies for 79 county cleri: to provide 88 voting booths at 2S watchers to attend 94 Si'o. also, " Polls." Polls: closing of, time of 2 opening of, time of 2 proclamation for opening 94 See, also, " Polling Places." Presidential electors: See " Electors of President and Vice-President." Primary elections: additional requirements at 57 canvass of votes at 58 chairman of, duties of 58 conduct of 5(1 definitions of 5U nomination of candidates at 58 notice of 5(; opening of 57 organization of nc presiding officers of 50 qualifications of voters at 57 result of, filing 57 watchers at 58 Proclamation: of special election 3 of result of canvass 11,-) opendng of polls 94 Index. 185 R. Registration of electors: challenge to applicant for registry: Page. affidavit upon challenge 42 affidavits, filing of 48 examination of applicant 43 name not to be placed on register upon refusal 49 oath to be administered 46 preliminary oath 46 questions under 43 record ot, on register 49 Register of voters: accessible to public 51 addition and cancellation of names on 33 additional names, arrangement for 5] certificates to ; 50, 51, 52 as to number of electors enrolled 53 changes In, certificates to 52 copies of, previous, for new districts 55 filing of 51, 52 to be retained by Inspectors 51 correction of, meetings for 32, 83 custody of 50 delivery of previous, to Inspectors 54 delivery of, to inspectors 53 examination of 51 form of 84 list of electors, made dally 36 publication and distribution of 32 public copy of 50 remarks to ba placed on , 36, 41 statement filed by certain persons to be noted on. 2G, 41 Registration, etc.: city registration, meetings for 32 personal appearance required , 28 day for, not holiday 42 disabled voters, assistance for 41 election other than general, registry for 39-40 elector registering in two districts 40 penalty for 40 general provisions 41 illiterate voters, assistance for 41 method of 38 meetings for 82 duration of 32 naturalization papers, production of 49 186 Index. Begistration of electors — Continued. Page. oath, false, penalty for 49 pei'soual appeai'ance in cities and certain villages SH registry as a condition of voting 90 registry books, copies of previous, for new di~tric-ts 55 delivery of previous, to inspectors 54 delivery of, to election officers 54 removal, certificate of 40 right to register 41 rooms for registry of voters 9 designation of 9 list of, to be published -. 10 town elections, not required at 40 town registration 3l2 meetings for 32 placing of names on register oS special election in cities and certain villages, nu'ctluys for. ... 33 statement to be filed by certain voters 41 village elections, not required at 40 voters, qualifications of, for registration 41 watchers at, appointment, etc 33 Kepresentative in. cong^ress: election of 141 S. Sample ballots: See " Ballots." School officers: official ballots for 73 Secretary of state: certificates of election, to transmit 13O of nominations, filed with (34 concurrent resolutions, publication of, by 5 constitutional amendments, and other propositions, duty as to.. 4 county officers elected, record in office of 131 election laws, distribution of, by 31 emblem, selection of, by 62 nominations, certification of, by 66 certificates of, filed with 64 vacancies in, duty as to 62 notice of election by 3 registry book, preparation of, by 53 state canvass, duty as to I29, 130 131 Index. 187 Special elections: See " Election." State board of canvassers: Paqd. adjournment of 130 canvass by 130 mandamus to compel correction of errors by 120 meeting of 129 organization of 129 proceedings upon corrected statement 121 reconvening of, court may compel 122 Tally sbeets: to be furnished election oflScerB 68 form of 81, 82 Town board: inspectors of election, appointment of 23 polling places, designation of, by 9 Town clerk: ballots, delivery of, to 90 distribution of, by, on election days 90 preparation and furnishing of, by 89 compensation of, for election services 30 list of candidates, posting of, by 68 sent to 68 nominations filed with 65 time of filing 66 substitutes for oflScial ballots, may provide 92 Town meeting^: ballots, for, number of 88 expenses of 30 Towns: ballot machines, use of, In 134 ballots for elections in 73, 77 election districts, new, copies of registry for 54 election expenses, a town charge 29 polling places in, designation of 9 registry of voters in 32 special elections in, registration for S3 188 Index. V. Vacancies In office: Paqb. ballot clerks 20, 26 elective ofQces, filling of 2 general election, when filled at 2 Inspectors of election. 20, 26 poll clerk 20, 26 special elections, when filled at 3 Village clerk: ballots for elections, to provide 89 distribution of, by 99 Village elections: automatic ballot cabinets f o 134 ballots for 77, 89, 90 expenses, a village charge 80 Voters and voting: See " BLEOToaa." Voting booths: arrangement of 28 construction, manner of 28 expense of providing. 28 guard rail, how placed, with reference to 28 lighting of 28 number of 28 occupation of, limited ; loi officers to provide 10 preservation of 10 supplies for 10 Voting macZilne: adoption of voting machine 134 application of other ai'tlcles and penal code 139 canvass of vote and proclamation of result l;;.s definitions l-io disabled voters i:!,S distribution of ballots and stationery ]:',o disposition of independent ballots 13'J experimental use of machines 134 examination of voting machines 132 form of ballots 135 guard rail 137 Independent ballots 136 Insti-ucting voter 138 Index. 189 Voting machines — Continued. Page. location of machines 137 manner of voting 137 number of official ballots 135 opening of polls 136 number of voters In election district 139 payment for machiines 134 preserving record of machines 139 providing machines 134 requirements of machines 133 , repeal of laws 140 sample ballots 135 state voting machine commissioners 132 tally sheets 133 unofficial ballots 136 when ballot clerks not to be elected 139 W. Watchers at prim.aries; ballot boxes, examination of, by, at opening of polls 93 political parties may appoint 94 may be present within guard rail 94 Watchers at poll: relative to 94 ballot boxes, examination of 93 ballots to be exhibited to, at canvass 99 Watchers at registration: appointment of, etc , 33