.Hlli .iiii ii :• iiii^ liiiiliiiiiiiil' UliiUilUiSitiiiiiiilt iiiliiiiiWi i(Mi:;!n;;ii':i!iHM ■ 1 i 1 i ijiii' ■ i^ 'iiil ii zpv in UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY <^d^' ro'c: ^=»*H lUSANi ^Tt ^^^^^^^^H^^^M 1^ 1 H^^^^^^Hj ^H 1 kSJn '^(^OrllW.lJO^ '^(i/OillW, [\ ( ' T7T Y 3 mm Si-T hi F0/?/|^ ' )" ^ 1 ^^*^^ ^S ^ESSfeil 1 -^ .UXJ^^ 1 If rrt: -h^ UJlO THIRTEENTH EDITION, 1905. JEWETT'S MANUAL ELECTION OFFICERS AND VOTERS STATE OF NEW YORK CONTAININa THK General Election Law, Town Meeting Law, Provisions Relating to School Meetings and Village Elec- tions, the Primary Election Law of 1899, and the Metropolitan Elections District Law. COMPLETE WITH AMENDMENTS TO DATE. ALBO PROVISIONS OF THE PENAL CODE, GENERAL LAWS AND CONSTITUTION OF THE STATE OF NEW YORK RELAT- ING TO ELECTIONS AND ELECTIVE OFFICERS, ANNOTATIONS, FORMS AND INSTRUCTIONS. THIBTEENTH EDITION. By K. Gr. JK^^^ETT, Former Cleric to ttie Secretary of State. 1905. MATTHEW BENDER AND COMPANY. ALBANY, N. Y. T 1905 Copyright, 1902, By MATTHEW BENDER. Copyright, 1903, By MATTHEW BENDER. Copyright, 1904, By MATTHEW BENDER. Copyright, 1905, By MATTHEW BENDER AND COMPANY. TABLE OF CONTENTS. Election Law: ARTICLE I. Times, Places, Notices, Officers and Expenses op Elections. PAGB Section i. Short title 2 2. Date of general election 2 3. Time of opening and closing polls ^ 3 4. Filling of vacancies in elective offices 3 5. Notice of elections 5 6. Notice of submission of proposed constitutional amendments or other propositions or questions 5 7. Publication of concurrent resolutions, proposed constitu- tional amendments and other propositions 6 8. Creation, division and alteration of election districts ^ 9. Maps and certificates of boundaries of election districts.... 9 10. Designation of places for registry and voting 10 11. Election officers; designation, number and qualifications... 12 12. Appointment and qualification of election officers in cities.. 14 13. Election officers in towns 17 14. Organization of boards of inspectors; supplying vacancies and absences 19 15. Preservation of order by inspectors 20 16. Ballot boxes 21 17. Voting booths and guard-rails 21 18. Payment of election expenses 22 19. Delivery of election laws to clerks, boards and election officers 24 Forms for Article 1 26 ARTICLE IL Registration of Electors. Section 30. Meetings for registration 3* 31. Adding and erasing names on register 33 32. Forms for registration 35 77(;8fiG iv Table of Contents. PACK Section 33. Method of registration 39 34. General provisions 42 35. Certification and custody of register 49 36. Delivery of blank books for registration, certificates and instructions 52 Forms for Article II 55 ARTICLE III. Primaries, Conventions and Nominatioks. Section 50. Definitions of primary and convention 1. . . . 57 51. Notice of primary 57 52. Organization and conduct of primaries 58 53. Qualifications of voters at primaries 60 54. Duties of chairman of primary 60 55. Watchers and canvass of votes at primaries..... 61 56. Party nominations 61 57. Independent nominations 67 58. Places of filing certificates of nominations ". 69 59. Times of filing certificates of nominations 70 60. Certification of nominations by secretary of state 71 61. Publication of nominations 71 62. Lists for town clerks and aldermen 73 63. Posting town and village nominations. 73 64. Declination of nomination 73 65. Objections to certificates of nominations 74 66. Filling vacancies in nominations 74 Forms for Article III 79 ARTICLE IV. OmciAL AND Sample Ballots, Instruction Cards and Stationbby. Section 80. Official ballots for elections 89 81. Form of general ballot 89 82. Form of ballot for questions submitted 94 83. Sample ballots, instruction cards and stationery 95 84. Blank forms for election officers 96 85. Number of official ballots 104 86. Officers providing ballots and stationery 104 87. Distribution of ballots and stationery 105 88. Errors and omissions in ballots 106 89. Unofficial ballots 107 Forms for Article IV 108 Table of Contents. m ARTICLE V. Conduct of Elections and Canvass of Votm. PACK Seedon loa Opening the polls iii 101. Persons within the gfuard rail Ii3 102. Watchers; challengers; electioneering 113 103. General duties of election officers 114 104. Delivery of ballots to electors 117 105. Preparation of ballots by electors 120 106. Manner of voting 122 107. When official ballots may be voted 123 108. Challenge and oaths •• X24 109. Time allowed employes to vote 126 no. Method of canvass 127 111. Original statement of canvass and certified copies 136 112. Proclamation of result 138 113. Delivery and filing of papers relating to the election 139 114. Judicial investigation of ballots 141 Fonns for Article V 145 ARTICLE VI. County and State Board of Canvassers. Section 130. Organization of county board of canvassers 155 131. Production of original statements and copies thereof 156 132. Correction of clerical errors in election district statements. 157 133. Correction in state or county board of canvassers' state- ment 158 134. Proceeding of state board of canvassers upon corrected statement l6l 135. Statement of canvass by county boards 162 136. Decisions of county boards as to persons elected 165 137. Transmission of statements of county boards to secretary of state 166 138. Organization and duties of board of canvassers New York city 167 139. Organization of state board of canvassers 169 140. Canvass by state board 169 141. Certificates of election 170 142. Record in office of secretary of state of county officers elected I7I yi Table of Contents. ARTICLE VII. Voting Machines. PAGE Section 160. State voting machine commissioners 172 161. Examination of voting machine 173 162. Requirements of voting machine 173 163. Adoption of voting machine I74 164. Experimental use of voting machine 174 165. Providing machines I74 166. Payment for machines 175 167. Form of ballots 175 168. Sample ballots 175 169. Number of official ballots 175 170. Distribution of ballots and stationery I75 171. Tally sheets 176 172. Unofficial ballots 176 173. Opening the polls ; independent ballots 176 174. Location of machines ; guard rail I77 175. Manner of voting I77 176. Instructing voter 177 177. Disabled voters 178 178. Canvass of vote and proclamation of result 178 179. Disposition of independent ballots; and preserving the record of the machine 178 180. Application of other articles and penal code 179 181. When ballot clerks not to be elected 179 182. Number of voters in election districts I79 183. Definirions I79 184. Repeal of laws 180 ARTICLE Vin. Electors of President and Vice-President, and Representatives in Congress. Section 160. Representatives in congress 181 161. Electors of president and vice-president 182 162. Meeting and organization of electoral college 182 163. Secretary of State to furnish list of electors 182 164. Vote of the electors 183 165. Appointment of messenger 184 166. Other lists to be furnished 184 167. Compensation of electors 185 168. Laws repealed 185, Table of Contents. vii PAGE Primary election law i88 Soldiers' and sailors' election law 232 Metropolitan election district law 251 Penal code provision 258 Constitution, provisions concerning elections 275 State and county elective officers, provisions relating to 302 Political divisions of state, counties and towns : election districts 328 senate districts 331 assembly districts 335 congressional districts 361 judicial districts • . 3^3 school commissioner districts 364 Voters, qualifications, etc., of 375 Citizenship 388 Naturalization 391 Town meetings 403 Town officers, qualification of 421 Village officers and election 429 School elections .< 444 Political Calendar, 1905, Election day, Tuesday, November 7, Polls open 6 A. M., polls close 5 P. M. Annual primary day, seventh Tuesday before the day of general election, September iq. In cities of the first class there is an additional primary day on the fifth Tuesday before the general election day — October 3. In such cities such additional primary election will not be held in case no State convention is called for the nomination of a State officer. See Pri- mary Election Law, t^ 4, subd. i, post, p. 201. Designation of places of registration and election, in each town and city, except BufiFalo, September 5. In Buffalo, August 7. Registration days in New York city: First day, Monday, October 9, from 7 A. M. to 10 p. M. Second day, Tuesday, October 10, " " " " Third day, Saturday, October 14, " " " " Fourth day, Monday, October 16, " " " " Registration days in all cities, except New York, and in all villages of five thousand or more inhabitants : First day, Friday, October 13. Second day, Saturday, October 14. Third day, Friday, October 20. Fourth day, Saturday, October 21. Registration days in cities, except of the first class, and villages of fire thousand or more inhabitants, elsewhere than in cities of the first class, are held on such days from 8 A. M. to 9 P. M, In cities of the first class, from 7 A. M. to 10 P. M. Registration in election districts other than in cities or villages of fire thousand inhabitants or over are : First day, Saturday, October 14, from 9 A. M. to 9 p. m. Second day, Saturday, October 21, from 9 a. m. to 9 p. M. List of candidates for election officers in cities to be filed not later than July I. Appointment of election officers in cities on or before September i. Publication of polling places and election district boundaries in cities, except New York, October 12, 13, 14, 19, 20, 21, November 6 and 7; in New York city, October 8, 9, 10, 13, 14, 15, 16, November 6 and 7. Certificates of nominations to be filed with secretary of state : Party certificates, September 28 to October 9. Independent certificates, September 2S to October 13. [ix] X Political Calendar, 1905. To be filed with county or city clerk, board of police or board of elections : Party certificates, October 3 to October 13. Independent certificates, October 3 to October r8. Certification of nomination by secretary of state, October 24. Publication of nominations, November i to November 6, inclusive. Lists of candidates to be posted by town clerk or alderman on or before November 4. Declination of party nomination to be filed with secretary of state not later than October 13. Of independent nomination not later than Octo- ber iS. Declination of party nomination to be filed with county or city clerk, board of police or board of elections, not later than October 18. Of inde- pendent nomination not later than October 20. Objection to nomination certificate must be made within three days after the filing thereof. Vacancies in nominations caused by declination or disqualification must be filled by filing a certificate with secretary of state, county clerk or city clerk on or before October 23. When a candidate dies after the official ballots have been printed, the vacancy can be filled by filing the proper certificate, and the officer pro- viding 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. The Election Law. CHAP. 909. AN ACT in relation to the elections, constituting chapter six of the general laws. Became a law May 27, 1896, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and 'Assembly, do enact as follows: CHAPTER VI OF THE GENERAL LAWS. The Election Law. Article I. Times, places, notices, officers and expenses of elections. (Sections i to 19.) II. Registration of electors. (Sections 30 to 36.) III. Primaries, conventions and nominations. (Sections 50 to 66.) IV. Official and sample ballots, instruction cards and stationery. (Sections 80 to 89.) V. Conduct of elections. (Sections 100 to 114.) VI. County and state boards of canvassers. (Sections 130 to 141.) VII. Voting machines. (Sections 160 to 184.) VIII. Electors of president and vice-president and representatives in congress. (Sections 190 to 198.) ARTICLE I. Time, Places, Notices, Officers and Expenses of BlectionB. Section i. Short title. 2. Date of general election. 3. Time of opening and closing polls. 4. Filling of vacancies in elective offices. 5. Notice of elections. 6. Notice of submission of proposed constitutional amendment* or other propositions or questions. 2 The Election Law of 1896. SiCTlON 7. Publication of concurrent resolutions, proposed constitutional amendments and other propositions. 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 qualification. 12. Appointment and qualification of election officers in cities. 13. Preservation of order by inspectors. 14. Organization of boards of inspectors; supplying vacancies and absences. 15. Preservation of order by inspectors. 16. Ballot boxes. 17. Voting booths and guard-rails. 18. Payment of election expenses. 19. Delivery of election laws to clerks, boards and election oflRcers. Section i. Short title. — This chapter shall be known as the election law. § 2. Date of general election. — A general election shall be held annually on the Tuesday next succeeding the first Monday in November. City elections. — In cities, except those of third class, elections to be held on date of genera! election in an odd numbered year. (Const. § 3, art. I2.) General election day a public holiday. — " The term holiday includes the following days in each year : The first day of January, known as New Year's day ; * ♦ * each general election day. ♦ * * (Pt, § 24, Statutory Construction Law.) Sale of liquor on election days. — " It shall not be lawful for any cor- poration, association, copartnership or person, whether having paid such tax or not, to sell, offer or expose for sale, or give away liquor: " c. On the day of a general or special election, or city election, or town meeting, or village election, within one-quarter of a mile of any voting place, while the poll for such election or town meeting shall be open." (Pt. 5 31, Liquor Tax Law.) No parade or drill of national guard on election day. — " No parade or drill of the active militia shall be ordered on any day during which an election shall be held, except in case of riot, invasion or insurrection, or imminent danger thereof." (Pt. § 81, Military Code, chap. 212, Laws 1898.) No tolls to be charged voters on election days. — " No tolls shall be charged or collected at any gate from any person going to and from public worship, a funeral, school, town meeting or election, at which he is a voter to cast his vote. * ♦ *" (Extract from § 130, Transportation Cot' poration Law.) ' Times, Places, Notices, etc., of Elections. 3 / Shall be considered as Sunday for such purposes as the presenting, protesting, etc., of bills of exchange, bank checks and promissory notes. ^Negotiable Inst. Laiv, § i45-) Slxall be considered as Sttnday as to the transaction of business in public offices of the state and the counties. {Laivs 1892, chap. 677, § 24) SberifEs' and coiuity clerks' offices not to be open on election day. (Lazi's 1895, chaps. 718, 961.) Sale of property in foreclosure of mortgage by advertisement not to be held on election day. (Code Civ. Pro. § 2'393.) Courts may sit on election day, the Election Law having repealed Laws 1842, chap. 130, which prohibited such sitting. Issuance and service of legal process not prohibited on election day. (Didsbury v. Fan Tassell, 56 Hun, 423.) § 3. Time of opening and closing polls. — The polls of every gen- eral election, and, unless otherwise provided by law, of every other election shall be opened at six o'clock in the forenoon and shall close at five o'clock in the afternoon. There shall be no adjournment or intermission until the polls are closed. The closing of the polls shall be deemed to mean the close of the delivery of 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, copartnership or person, to sell, oiTer or expose for sale, or give away, any liquor on the day of a general or special election, within one-quarter of a mile of any voting place, while the polls for such election shall be open. A violation of this provision shall be deemed a misdemeanor. {Thus amended by chap. 654, L. 1901.) Iiocal or special laws as to the opening of elections cannot be made by the legislature. (Const, art. 3, sec. 18, subd. 9.) Axnend m ents, however, may be made to such local or special laws as w«re in existence before 1875. (People ex rel. Lardner v. Carson, 10 Misc. 237, 246.) Statute is directory, not imperative, as to the hours of opening and closing the polls; election not necessarily void because of a violation of statutory regulations, though inspectors might be liable to indictment therefor. (People v. Cook, 8 N. Y. 67, 91.) § 4. Filling vacancies in elective oflBlces. — A vacancy occurring before October fifteenth in any year of any office authorized to be filled at a general election, shall be filled at the general election held next thereafter, unless otherwise provided by the constitution, or unless previously filled at a special election. Upon the failure to elect to any office, except that of governor or lieutenant-governor, at a general or special election, at which such office is authorized to be filled, or upon the death or disqualification of a person elected to office before the commencement of his official term; or upon the 4 Thh Election Law of 1896. 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 gov- ernor shall make proclamation of a special election to fill such office, specifying the district 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 elec- tion shall not be held to fill a vacancy in the office of a representa- tive in congress unless such vacancy occurs on or before the first day of July of the last year of the term of office, or unless it occurs thereafter and a special session of congress is called to meet before the next general election, or be called after 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 mem- ber 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. Legislature to provide for filling vacancies. {See State Const. § 5, art. 10, post.) Vacancies in offices of judge of Court of Appeals and justice of Supreme Court occurrin)? otherwise than by expiration of terms to be filled at next general election happening not less than three months after such vacancies occur and until so filled the governor may fill same by appoint- ment which shall continue until and including the last day of December next after the election at which the vacancies shall be filled. (State Const. §§ 8. 4, art. 6. f>ost.) Vacancies in office of county judge and surrogate to be filled in same manner as like vacancies occurring in office of justice of supreme court. (See Stale Const. § 15, art. 6.) nUing other vacancies in elective offices until filled by election. f.S"rr article on .State and County Officers, post.) A newly-created office is vacant upon the instant it is created unless the creating power appoints an officer to fill it. Thus where a town is divided into two parts, the new town has no town officers until the first town meeting is held, when officers will be elected to fill the vacancies thus existing. (Matter of Collins, 16 Misc. Rep. 598.) Times, Places, Notices, etc., of Elections. 5 § 5- Notices of elections. — The secretary of state shall, at least three months before each general election, make and transmit to the county clerk of each county, except the county clerk of the county of Erie, and to the board of elections of the city of New York, and to the commissioner of elections of the county of Erie, a notice under his hand and official seal, stating the day upon which such election shall be held, and stating each officer, except city, village and town officers, who may be law- fully voted for at such election by the electors of such county or any part thereof. If any such officer is to be elected to fill a vacancy, the notice shall so state. The secretary of state shall forthwith, upon the filing in his office of the governor's procla- mation ordering a special election, make and transmit to each county clerk, except the county clerk of the county of Erie, and to the board of elections of the city of New York, and to the commissioner of elections of the county of Erie, a like notice of the officers to be 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 elec- tion shall be held. Each county clerk and in the county of Erie the commissioner of elections, shall forthwith, upon the receipt of either such notice, file and record it in his office, and shall cause a copy of such notice to be published once in each week until the election therein specified in the newspapers designated to publish election notices. He shall also publish, as a part of such notice, each city, village and town officer who mav law- fully be voted for at such election by the electors of such county or any part thereof; and the city, village and town clerks of each county shall, at least three months before each general election, make and transmit to the county clerk of the county, except in the county of Erie, and in the county of Erie to the commissioner of elections, a notice under their respective hands and official seals, stating each city, village or town officer to be voted for at such election. (Thus amended by chap. 95, L. iqoi ; chap. 232, L. 1901, and chap. 643, L. 1905, in effect May 26, 1905.) Designation of newspapers to publish election notices made by board of supervisors of each county except Erie and Kings. (Laws 1892, cltaf^. 686, § 22.) Designation of newspapers to publish election notices reviewable by writ of certiorari. {People ex rcl. P. P. Co. V. Martin ct al., 142 N. Y. 228.) The board of supervisors of a county cannot direct the publication of elec- tion notices in more than two newspapers, one representing each of the two principal political parties. (Matter of Ford v. Supen'isors, 92 App. Div. 119, Sy N. Y. Supp. 407; appeal dismissed. 178 N. Y. 616.) When election notice omits an office to be filled, such omission with the name of a candidate may be supplied by the voter. (People ex rel. Goring V. President. i:|-| N. Y. 616.) § 6. Notice of submission of proposed constitutional amend- ments or other propositions or questions. — Every amendment to the constitution proposed by the legislature, unless otherwise pro- 6 The Election Law of 1896. vided by law, shall be submitted to the people for approval at the next general election, after action by the legislature in accordance with "the constitution ; and whenever any such proposed amend- ment 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, and the commissioner of elections of the county of Erie, of the general election, a copy of such amendment, propo- sition or question, and if more than one such amendment, propo- sition or question is to be voted upon at such election, such amendments, propositions or questions, respectively, shall be sepa- rately and consecutively numbered. If such amendment, propo- sition 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 elec- tions of the city of New York and the commissioner of elec- tions of the county of Erie, a like notice. Each county clerk and the said commissioner of elections shall, forthwith upon the re- ceipt of such notice, file and record it in his office, and shall cause a copy of such notice to be published once a week until the election therein specified, in the newspapers designated to publish election notices. {Thus amended by chap. 95, L. 1901, and chap. 643. L. 1905. in effect May 26, 1905.) § 7. Publication of concurrent resolutions, proposed constitu- tional amendments and other propositions. — The secretary of state shall cause each concurrent resolution of the two houses of the legislature, agreeing to a proposed amendment to the constitution. which is referred to the legislature to be chosen at the next gen- eral election of senators, to be published once a week for three months next preceding such election, in two newspapers published in each county, representing the two political parties polling the highest number of votes at the then last preceding general election, and in one additional newspaper published in each county for every one hundred thousand people in such county, as shown by the then last preceding federal or state enumeration. Such additional newspapers shall be selected by the secretary of state with reference to making such publication in newspapers having the largest circu- lation in the county in which they are published. If such reso- lution does not state that such proposed amendment is so referred to such legislature, the secretary of state shall publish, in connec- tion with the publication of such concurrent resolution, a statement that such amendment is referred to the legislature to be chosen at the next general election. The secretary of state shall cause such proposed amendment to the constitution or other proposition or Times, Places, Notices, etc., of Elections. 7 question, which is by law to be submitted to the electors of the state at a general or special election, to be published for a like period before such election in newspapers selected in like manner, together with a brief statement of the law or proceedings authoriz- ing such submission, the fact that such submission will be made and the reading form in which it is to be submitted. If such pro- posed amendment or other proposition or question is to be sub- mitted at a special election, to be held less than three months from the time of appointing it, the first publication in each newspaper shall be made as soon as practicable after such appointment, and shall continue once in each week to the time of the election. Constitutional amendments to be agreed to by two successive legislatures and published for three months. {Const, art. 14, ^ 1, post.) Laws creating debt to be submitted to people. {Canst, art. 7, § /^, post.) § 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 con- taining more than four hundred electors, and the common council of every city except New York and Buffalo, in which there shall be a ward containing more than four hundred electors, shall, on or before the first day of July in each year, whenever necessary so to do, divide such town or ward respectively into election districts, each of which shall be compact in form, wholly within the town or ward, and shall contain respectively as near as may be, four hun- dred 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 hun- dred; and in such case the redivision shall apply only to the town or ward in which such district is situated. If any part of a city shall be within a town, the town board shall divide into election districts only that part of the town which is outside of the city. No election district including any part of a city shall include any part of a town outside of a city. A town or ward of a city con- taining less than four hundred electors may, at least thirty days before the election or appointment of inspectors of election of such town or ward, be divided into election districts by the board or other body charged with such duty when, in the judgment of such board or body, the convenience of the electors shall be pro- moted thereby. The creation, division or alteration of an election 8 The Election Law of 1896. district outside of a city shall take effect immediately after the next town meeting, and at such next town meeting inspectors of election shall be elected for each election district as constituted by such creation, division or alteration. If the creation, division or alteration of an 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 elec- tion districts between the first day of August of any year, and the day of the general election next thereafter. If inspectors are not elected or appointed for such district outside of a city before Sep- tember 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 dis- tricts as are wholly outside of the city shall be deemed election districts of the town, except for the purpose of town meetings. The board of elections of the city of New York and in the city of Buffalo the commissioner of elections shall divide such city into election districts on or before the first day of July in any year whenever necessary so to do as herein provided. The election districts existing 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 five hundred, provided, however, that any election district containing less than seventy-five electors in such counties, made necessary by the crossing of congressional lines with other political divisions, may be consolidated with contiguous election districts in any year when no representative in congress is to be voted for in such district. On or before the first day of July in every year the board of elections of the city of New York shall divide each election district of said city which contains more than five hundred electors, as shown by the registration of electors for the election of the preceding year, into two or more election dis- tricts. Such election districts so established in the city of New York shall not again be changed until at some general election the number of registered electors therein shall exceed five hun- dred, except where changes are made necessary by a change in the boundaries of congressional, senate, assembly or municipal court districts or ward lines, provided, however, that when the Times, Places, Notices, etc., of Elections. 9 number of registered electors in any election district shall for two consecutive years, be less than two hundred and fifty, such dis- trict 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 dis- trict shall be compact in form, entirely within an assembly district and numbered in consecutive order therein respectively. In that portion of the city of New York outside the county of New York each election district shall be compact in form, entirely within a ward and numbered in consecutive order therein respectively. 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, as constituted by the Greater New York charter, shall be respectively deemed to be a ward within the meaning of this section. ( Thus amended by chap. 95, L. 1901 ; chap. 644, L. 1903 ; chap. 643, L. 1905, in effect May 26, 1905, and chap. 675, in effect June i, 1905.) Division of towns into joint election districts for the purpose of hold- ing town meetings may be made upon vote of electors on written application of twenty-five electors. (See Tcnun Laws. § i, post.) § 9. Maps and certificates of boundaries of election districts. — • When a ward of a city or an assembly district within a city shall be divided into two or more election districts, the officers or board creating, dividing or altering such election districts, shall forthwith make a map or description of such division, defining it by known boundaries, and cause such map or description to be kept open for public inspection in the office of the city clerk, and cause copies thereof to be posted not less than ten days prior to the first day of registration in each year, in at least ten of the most public places in each election district so created, divided or altered, and shall, prior to every election, furnish copies of such map or description to the inspectors of election in each election district of such ward or assembly district. The copies furnished to the inspectors of election shall have printed on each or affixed to each in some secure way the list of places designated pursuant to section ten as places at which the meet- ings for the registration of electors and the election shall le 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, ex- hibiting the districts so created, divided or altered, and their numbers respectively, and file the same in the county clerk's office except in the county of Erie, and in the county of Erie in the office of the commissioner of elections, and a copy thereof in the town clerk's office, and cause copies of the same to be posted in 10 The Election Law of 1896. at least five of the most public places in each election district of such town, and the county clerk or commissioner of elections as the case may be. shall, prior to every general election, furnish copies of such maps or certificates to the inspectors of election in each election district of such town, provided such election district is not coterminous with the town lines. (Thus amended by chap. 89, L. 1902, and chap. 643, L. 1905, in effect May 26, 1905.) ^ 10. Designation of places for re^stry and voting, publication of same ; and provision of furniture therefor. — On the first Tues- day of September in each year, the town board of each town, and the common council of each city, except New York and Buffalo, and the board of elections of the city of New York, shall designate the place in each election district in the city or town at which the meeting for the registration of electors and the election shall be held during the year. In the city of Bufifalo the commissioner of elections shall designate such places for registry and election on the first Monday in August in each year. Each room so designated shall be of a reasonable size, sufficient to admit and comfortably accommodate at least ten electors at the time outside of the guard rail. No building, or part of a building, shall be so designated in any city if within thirty days before such designa- tion, intoxicating liquors, ale or beer, shall have been sold in any part thereof. No room shall be designated elsewhere in a city, if within thirty days before such designation, intoxicating liquors, ale or beer, shall have been sold in such rooms, or in a room ad- joining thereto, with a door or passage-way between the two rooms. No intoxicating liquors, ale or beer shall be sold in such building in a city or such room or adjoining room else- where after such designation and before the general election next thereafter, or be allowed in any room in which an election is held during the day of election or canvass of the votes. Any person or persons violating the provisions of this section shall be deemed guilty of a misdemeanor. If any place so designated shall thereafter and before the close of the election be destroyed, or for any reason become unfit for use, or can not for any reason be used for such purpose, the officers charged with the designation of a place for such election shall forthwith desig- nate some other suitable place for holding such election. Not more than one polling place shall be in the same room, and not more than two polling places shall be in the same build- ing. The officers authorized to designate such places in any town or city shall provide for each polling place at such election, the necessary ballot and other boxes, guard rails, voting booths and supplies therein, and the other furniture of such polling place, necessary for the lawful conduct of each Times, Places, Notices, etc., of Elections. ir election thereat, shall preserve the same when not in use, and shall deliver all such ballot and other boxes for each polling place, with the keys thereof, to the inspectors of each election district at least one-half hour before the opening of the polls at each election. The officers authorized to designate the registration and polling places in any city, except the city of New York, shall cause to be published in two newspapers within such city a list of such places so designated, and the boundaries of each election dis- trict in which such registration and polling place is located. Such publication shall be made in the newspapers so selected upon each day of registration and the day of election, and on the day prior to each such days. One of such newspapers so selected shall be one which advocates the principles of the political party polling the highest number of votes in the state at the last preceding election for governor, and the other newspaper so designated shall be one which 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 pub- lished in two newspapers in each borough within such city a list of the registration and polling places so designated in each bor- ough 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 news- papers designated to publish corporation notices therein ; and ex- cept also that in the borough of Manhattan such publication shall be made in four daily newspapers published in the borough of Manhattan which advocate the principles of the political party polling the highest number of votes in the state at the last pre- ceding election for governor, and also in four daily newspapers published in the borough of Alanhattan which advocate the prin- ciples of the political party polling the next highest number of A'otes for governor at said election, and shall include the list of such registration and polling places and their boundaries, in the county of New York. Such publication shall be made in such newspapers upon each day of registration and the day of election and on the day prior to each of such days. Such publications shall be made in newspapers published in such boroughs which shall respectively advocate the principles of the political party which at the last preceding election for governor respectivelv 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 desig- nation of the respective boroughs in which they are located. In 12 The Election Law of 1896. selecting the newspapers in which such pubHcations are to be made the said board shall keep in view the object of giving the widest publicity thereto. {Thus amended by chap. 95. L. 1901, chap. 197, L. 1903. chap. 29, L. 1904, and chap. 643, L. 1905, in effect May 26, 1905.) Supplies for poUiag places — Ballots, cards of instruction, poll books,. distance markers, tally sheets, inspector's and ballot clerk's returns and articles of stationery to be supplied by ofificers designated in Election Law. {See § 80, Election Lazi.<.) Cards and markers not to be taken down — The instruction cards and distance markers posted as provided by law shall not be taken down, torn nor defaced during such election. (See § 100, Election Law.) liocal bills designating places of voting not to be passed by legisla- ture. (Const, art. 3. § 18, subd. 9.) But this prohibition does not apply to amendments of statutes in force prior to adoption of constitution provision. (People ex rel. Lardner V. Carson, 10 Misc. 2^"/.) Liquor selling within one-quarter of a mile of and while polls are open a misdemeanor. {Laws 1896, chap. 112, §§ 31, 34.) Removal, mutilation, etc., of public copy of registration — "Any person who shall alter, mutilate, destroy or remove from the place of registration the public copy of such registration, shall be guilty of a felony, and shall be punished upon conviction, thereof by imprisonment in a state prison for not less than two nor more than five years, unless otherwise provided by law." {Subd. 2, § 35, Election Law.) Penalty for removal, mutilation or destruction of election booths, sup- plies, etc. [See § 41, Penal Code, post.) § II. *Snbdi vision i. Election officers; designation, number and qualifications. — There shall be in every election district of this state the following election officers, namely, four inspectors, two poll clerks and two ballot clerks, whose term of office, except as hereinafter prescribed, shall be for one year from the date of their appointment or election, and who shall serve at every general elec- tion, special or 'Other election held within their districts during' such term. The term of office of inspectors of election in towns shall be for tzvo years. No person shall be appointed or elected an in- spector 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 un- derstandingly, and to write it legibly, and who does not possess a general knowledge of the duties;of the office to which he is elected or appointed, or who is a candidate for any office to be voted for by the electors of the district in which he is to serve, • Thus amended by chaps. 95 and 5^6, L. looi. Words in italics show the amendment of this section by chap. 536, L. 1901, which said amendment omitted subdivision two of said sections herein printed. Times, Places, Notices, etc., of Elections. 12a or, who has been convicted of a felony and not restored to citizen- ship, or who holds any public office except notary public or com- missioner of deeds, town or village assessor, justice of the peace, village trustee, water commissioner, officer of a school district, overseer of highway, whether elected or appointed or who is em- ployed 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 ap- pointed the qualifications required of them by this section shall be determined by an examination by or under the direction of the appointing board or officer. (Thus amended by chap. 536, L. 1901.) 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 commis- sioners of elections. Each of the said boards of elections shall be and are hereby charged with the duty of executing the pro- visions of the laws relating to all elections held jwithin their re- spective cities, except as otherwise provided by law. b. All such commissioners of elections shall be appointed by the mayor of the city, and shall hold office for a term of two years, except as hereinafter provided. Each of the said commissioners of elections shall be at the time of his appointment a resident of and a qualified elector of such city. No commissioner of elec- tions shall hold any other office, except commissioner 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 a commissioner of elec- tions within one hundred days of the election at which such votes were cast, shall be void and shall not be counted. A commis- sioner of elections may be removed from office 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 commissioner 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 presi- dent and one as secretary, and in case no election can be had the members shall draw lots for such places. The board shall have i2b The Election Law of 1896. power to adopt such rules and regulations for the control and con- duct of the affairs of such board and of its employes as are not inconsistent with or in violation of law. The board shall keep a record of their proceedings and shall make an annual report in the month of December of the affairs and proceedings of said board to the mayor of the city. c. Within ten "days after this act shall take effect the mayor of the city of New York shall appoint four persons as commissioners of elections, each of whom, at the time of his appointment, shall be a resident and qualified elector of the city of New York, and not more than two of whom shall belong to the same political party, or be of the same political opinion on state or national politics. The term of office of the commissioners so appointed shall be from the date of their appointment to twelve o'clock noon of January first, nineteen hundred and three, or until their successors have qualified. Upon the expiration of the term of office of the commissioners first appointed, and every two years thereafter, the mayor of the city of New York shall appoint four persons as commissioners of elections for the full terrn of two years, each of whom shall be as above provided a resident and qualified elector of the city of New York and not more than two of whom shall belong to the same political party or be of the same political opinion on state or national politics. The salary of each commissioner of elections shall be five thousand 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 governor, shall each respectively file or cause to be filed with the mayor of the city of New York a certificate, duly executed over the signature of the chairman who makes the same, which certificate shall certify to the mayor of such city the name of a person who is a resident and qualified elector of the city of New York and who shall be recommended by the chairman making such certificate as being in his opinion, and in the opinion of the committee of which he is the chairman, a fit and proper person to be appointed a com- missioner of elections. Each of such four certificates shall be sub- stantially 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 Times, Places, Notices, etc., of Elections. 12c in my opinion and in the opinion of the said committee, , a resident and quahfied 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 office. 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 chair- men of the county committees, within the counties of New York and Kings, of each of the two political parties which at the gen- eral election last preceding the date of such certificate cast the highest and the next highest number of votes for governor, shall each respectively make and file or cause to be filed with the mayor of the city of New York, a certificate in substantially the form and executed and acknowledged as above provided, each of which four certificates shall respectively certify the name of a per- son 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 ap- pointed 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 commissioner of elections, through death, resignation, removal or inability to serve, the chairman of the county committee of the political party to which the commissioner creating such vacancy belonged, for the county of New York, if the commissioner creating such vacancy was a resident of the borough of Manhattan or of the borough of the Bronx of said city, or for the county of Kings if the commissioner creating such vacancy was a resident of any other borough of said city, shall make and file or cause to be filed with the mayor of the city of New York, a certificate in substantially the form and executed and acknowledged as above provided, certifying and recommending the name of a person, who is a resident and quali- fied elector of said city, as a fit and proper person to be appointed a commissioner of elections for the unexpired term of the commis- sioner creating such vacancy. At least two days time, after a vacancy has been created, for the making and filing of the certifi- cate 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 hereunder to make said certificate and file the same or cause the same to be filed. e. Each and every certificate filed with the mavor of the city of New York in pursuance of the provisions of this act, shall be kept T2d The Election Law of 1896. by the mayor in some safe and 'secure place in his office, ana shall be a public record open at all reasonable hours to the inspection of any person who may desire to see the same, it being the inten- tion of this act, and said intention is hereby declared, to secure in the appointment of the members of the board of elections established by this act, equal representation of the two political parties which at the general election next preceding such appoint- ment 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 office 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 police board of the city of New York, its successor or successors, with respect to general, special or primary elections, shall forthwith by force of and as an effect of this chapter be transferred to, imposed upon and continued in the board of elec- tions of the city of New York hereby created. g. All books, documents, papers, records and election appli- ances or appurtenances held or used by or under the control of the superintendent of elections and the chiefs of the branch bureaus of elections or under the control of the police board of the city of New York, its successors, or successor, shall be trans- ferred to the care, custody and control of the board of elections upon demand by said board. h. So far as practicable and necessary the chief clerks, clerks, assistant clerks and stenographers attached to and in the service of the general bureau of elections of the city of New York and of the branches of said general bureau in the respective boroughs at the time this act shall take 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. Times. Places, Notices, etc., of Elections. i2e i. The board of elections shall have power to provide and main- tain an office 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 office fixtures, and shall also provide, maintain and furnish an office in each other borough of the city of New York and shall place the same in the charge of a com- petent person. The general office of the board of elections shall, until otherwise located with the consent of the board of elections, be located at police headquarters, in the borough of Manhattan which shall be the headquarters of the said board as hereinbefore provided, and the several branch offices of the board of elections shall continue to be located in the rooms now occupied by them in the various boroughs of the city of New York, or be removed to other suitable locations in the respective boroughs. 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, afifairs 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, rend- ered or delivered to or filed with the said board of elections. Every provision of law relating to the doing of such acts or to the making and transmitting, rendering, delivering or filing such re- ports, statements, certificates, notices, documents or papers or to the effect thereof, or providing that other things shall be done in conjunction therewith or consequent thereon, shall, with the same force and effect apply to and operate upon the doing of such acts bv the board of elections, and the making, transmitting, rendering, delivering or filing of such reports, statements, certifi- cates, notices, documents or papers with said board. It shall be the duty of the commissioner of police and the officers and mem- bers of the police force, v/henever called upon by the board of elections to render to said board all practicable assistance in the enforcement of the election and the primary election law, includ- ing 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 bv said board of its functions and duties. All copies of police reports to commanding officers of precincts under sub- division three, of section thirty-two. of the election law. shall be forthwith transmitted by the precinct commander to the board of elections. All statements of canvass delivered to any officer m command of a precinct under subdivision three, of section one I2f The Election Law of 1896. 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 elec- tions of the city of New York, including the salaries of the com- missioners 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 ter- ritory 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 annual budget of said city each year and in the yearly taxes levied upon the estates, real and personal, in the city of New York. The comptroller of the city of New York, is hereby authorized and directed to transfer to the credit of the board of elections all moneys remaining out of the appropriations for the year nineteen hundred and one, to the credit of the general bureau of elections and its branches, for defraying the expenses of said 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 nineteen 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 electors 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 Times, Places, Notices, etc., of Elections. 13 city of New York to the credit of the account of the board of elections. 1. Sections three hundred and fifty-eight to three hundred and seventy-one inclusive of chapter eight of the Greater New York charter, being chapter three hundred and seventy-eight of the laws of eighteen hundred and ninety-seven, entitled "An act to unite into one municipality under the corporate name of the city of New York the various communities lying in and about New York harbor, including the city and county of New York, the city of Brooklyn and the county of Kings, the county of Richmond and part of the county of Queens, and to provide for the govern- ment 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 amended by chap. 95, L. 1901.) Qualifications. — Similar provisions in § 3, Pub. Off. Law, § 50, Town Laws, post. As to who is a qualified elector. (See § 34, Election Law.) Bi-partisan election boards. — All laws creating, etc., election boards to secure equal representation of the two dominant political parties. (See § 6, art. 2, Const., post.) Non-partisanship in election boards not required at town meetings or village elections. (See § 6, art. 2, Const., post.) Compensation for attendance at elections, or registration days, etc. (See § 18, Election Lazv; § 178, Town Law, as amended by chap. 292, L. 1900.) Persons serving temporarily as inspectors of election, »hall serve without pay. (See § 14, Election Law.) Exempt from civil service regulations. — All election officers are comprised in the unclassified civil service and are thereby exempt from ex- amination and rules. (See § 8, chap. 370, Laws 1890.) Exempt from jury duty. — Persons appointed and serving as election officers in cities of first class exempt from jury duty for one year from date of general election at which they serve. (See § 12, Election Law.) No ballot clerks where ballot machines are adopted. — 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. (See § 181, Election Law.) Election not vitiated if inspectors or clerks fail to take oath, though such failure might be punished by indictment. (People v. Cook, 8 N. Y. 84.) Acting as election officer without being qualified a misdemeanor. (See § 4ifc, Penal Code, post.) Permitting persons to vote who are not entitled to vote a misdemeanor. (See § 41k, Penal Code, post.) 14 The Election Law of 1896. Misconduct of election officer punishable by imprisonment. (See § 411, Penal Code, post.) Violation of election law by public officer punishable by fine or im- prisonment. (5tv § 41;, Penal Code, post.) Acting in a public office without having qualified. — " A person who executes any of the functions of a public office without having taken and duly filed the required oath of office, or without having executed and duly filed the required security, is guilty of a misdemeanor as prescribed bylaw." {See % <\2, Penal Code.) § 12. Appointment of election officers 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 iTiay fill any vacancy which may occur before the opening of the polls on election day. Each political party entitled to representa- tion in any board of election officers may, not later than the first day of July in each year, file with such board or mayor an original list of persons, members of such party duly qualified to serve as election officers. A supplemental list of persons may also be filed containing not more than ten names for each office. Additional supplemental lists for any election district may be filed at any time before the appointments of such districts are made and certified by such board or mayor or when a vacancy shall exist in the original list by reason of the disqualification, resignation, declina- tion or withdrawal of the name by the person or persons sub- mitting the same of any person on such list, and all appointments shall be made from the original list if those named therein are found qualified; if not so qualified, then from a supplemental list so filed. If within ten days after notice in writing by the board or mayor to the chairman of the committee or other person by whom the list is filed or authenticated, such chairman or other person shall neglect to file an additional list, the board or mayor may appoint qualified persons, members of the party in default, to act as election officers. In the city of New York such lists shall be authenticated and filed by the chairman of the executive com- mittee of the county committee of the party in the respective counties within such city; in other cities, by the chairman or secre- tary of the general city committee of such party, if there be such a committee, or if not, then by the chairman or secretary of the general county committee of such party, if there be such a committee, or if not, then by the corresponding officer of any committee performing the usual functions of a city or county com- Times, Places, Notices, etc., of Elections. 15 mittee; provided, however, that if in any city more than one such Hst be submitted in the name or on behalf of the same poHtical party, only that list can be accepted which is authenti- cated by the proper officer or officers of the faction or section of such party, which was organized as regular by the last pre- ceding state convention of such party; or, where no such con- vention has been held within the year, by the proper officer of the faction or section of said party, which, at the time of the filing of said list is recognized as regular by the state committee of such party, which was organized by or pursuant to the direction of the last preceding state convention of such party. All persons so proposed for appointment shall be exam- ined as to their possessing the qualifications required by section eleven of the election law by or under the direction of the mayor or board, who shall give five days' notice in writing of such examination to the person to be examined, 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 examination is found qualified, under section eleven of the election law, he shall be appointed to the posi- tion for which he was recommended. If a person so proposed is found disqualified after examination, notice in writing to that effect shall be given by the mayor or board within three days after such disqualification is determined by such mayor or board, to the chair- man of the committee or other person by whom the list embracing the name of the person so disqualified was authenticated, and the vacancy shall be filled by the appointment of a qualified person named in a supplemental list filed on behalf of the same party, ex- cept that if a party entitled to representation files no list the ap- pointment may be made without such list, as provided in this sec- tion 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 sub- mitted, or, in lieu of said list, the members of such party who are to be appointed as election officers. Every person so appointed as an election officer shall, within five days after notice of his appoint- ment, take and subscribe the constitutional and statutory oath of office, which shall be administered, if in the city of New York, by a commissioner of elections, or by any clerk or other employe of said board of elections who shall be designated by said board in i6 The Election Law of 1896. writing over the signature of its president to administer said oath of office ; and if in any other city, by the mayor thereof or by any other person or persons 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 author- ized as empowered to administer such oath. Every person so sworn as an election officer shall receive a certificate of appoint- ment and qualification, signed by the person who administered the oath, in such form as may be approved by the board or officer by which or whom he was appointed, and specifying the capacity and election district in which he is to serve and to date the ex- piration of his term of office. Any election officer so appointed may be removed for cause by the board or mayor making the ap- pointment, in which case such removal, unless made while such officer is actually on duty on the day of registration, revision of registration or election, and for improper conduct as election officer, shall only be made after notice in writing to the officers to be removed, which notice shall set forth clearly and distinctly the reasons for his removal. In cities of the first class, it shall be the duty of the board or mayor making the appointment of an election officer, to remove forthwith such officer, without pre- ferring any charges and without notice to such officer, upon the written request of the official of the political party who certified the name of such election officer or his successor. All such vacan- cies so created shall be filled in the same manner as the original appointment was made. Any election officer who shall at any time be appointed to fill a vacancy, which fact shall be stated in his certificate of appointment, shall hold office only during the un- expired term of his predecessor. No election officer shall be trans- ferred 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 clmir- man 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 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 election purposes was actually used for such purposes. Any person acting as such chairman, who shall wilfully make a false certificate shall be guilty of a misdemeanor. Every person appointed as an elec- tion officer, failing to take and subscribe the oath of of- fice as hereinbefore *subscribed or shall wilfully neglect or re- fuse 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, • So in the original. Times, Places, Notices, etc., of Elections. 17 for the use and benefits of the treasury of such city. Any election officer who, being removed for cause, shall fail upon demand to deliver over to his successor the register of the electors, or any tally sheets, T)Ook, 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 recovered in a like manner for the benefit of such city. All persons ap- pointed and serving as election officers on any of the days of registration or of election or of count of the votes in cities of the first class shall be exempt from jury duty for one year from the date of the general election at which they serve. Such officers shall be paid by the comptroller of the respective cities within twenty days after the election at which such officer served upon the certificate of the board or officer appointing them. (Thus amended by chap. 95, L. 1901, and chap. 70, L. 1904.) (For Forms under this section see " Forms " at end of this article.) Election officers must be selected from state parties The choosing of election officers from an irregular local organization in disregard of lists filed and authenticated by the regular local organization is a violation of the election law. (People v. Gleason, i8 Misc. 511 ; 42 N. Y. Supp. 1084.) Only the two dominant political parties must be taken into consid- eration in choosing election boards, without regard to subordinate factions. (People ex rel. Van IVyck v. Wheeler, 18 Hun, 540.) Failure to appoint "inspectors within the time prescribed by law will not render subsequent appointments invalid in the absence of any statu- tory provision to that effect. (People ex rel. McMackin v. Board of Police, 46 Hun, 296.) Election not vitiated if inspectors or clerks fail to take oath, though such failure might be punished by indictment. (People v. Cook, 8 N. Y. 84.) Appointment of election officers — The power to select election of- ficers in the county of New York rests in the county committee of the party, whose action is to be authenticated by the chairman of its executive committee; and where the power is so exercised and authenticated, the court will not consider a claim that a recommendation of a committee of an assembly district to the county committee was disregarded, although the recommendations of committees of other assembly districts were adopted. (Sheehan v. McMahon, 44 App. Div. 63 ; 60 N. Y. Supp. 452.) § 13. *Election oflBicers 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- 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 persons, qualified to serve as inspectors of election, for each election district in said town, which lists shall be certified by the presiding officer and a secretarv of said caucus or primary, and filed v^-ith the town clerk in the same manner and at the same time as the party certificate of nomination filed by said party. From each of the two lists so filed, the town board shall appoint two persons who possess the qualifications prescribed by law for * Election officers in office April 35, iqoz, shall hold office and continue to terre until tb^ expiration of their terms. See chap. 536, L. 1901. i8 The Election Law of 1896. election officers. If in any town more than one such list be sub- mitted on behalf or in the name of the same political party, only that list can be accepted which is certified by the proper officer or officers of the faction«of such party which was recognized as regu- lar by the last preceding state convention of such party; or if no such convention was held during the year, by the proper officer or officers of the faction of such party, which, at the time of the filing of such list is recognized as regular by the state committee of such party. Such appointment shall be made in writing and filed with the town clerk who shall forthwith notify each person so appointed of his appointment to said office, in the same manner that he is now by law required to give notice to a person of his election to a town office when his name does not appear upon the poll list at the town meeting at which he was elected to said office. From the additional names, if any, contained on the lists so filed, of persons qualified to serve as such, the town board shall appoint inspectors of election in case of the resignation, declination or other inca- pacity of persons appointed to such office. If such lists contain no additional names of such persons, the town board shall fill vacan- cies caused by such resignation, declination or other incapacity by appointing persons known, or proved to the satisfaction of a majority of the members of said board to be members of the same political party in which such vacancy occurred. All appointments to fill vacancies shall be made in writing and filed with the town clerk, and notices thereof given by him as hereinbefore provided in the case of an original appointment. At the first meeting in each year of the board of inspectors in every district in a town, one poll clerk and one ballot clerk shall be appointed by the two inspectors of election representing one of the political parties enti- tled to representation on such board, and one poll clerk and one ballot clerk shall be appointed by the two inspectors representing the other political party. Such appointments shall be in writing, signed by the 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- office address of each person so appointed shall be mailed to the clerk of the county. The poll clerks and ballot clerks so appointed shall hold their office during the term of office of the inspectors appointing them, except as hereafter provided. The persons so appointed as poll clerks and ballot clerks shall be voters in the district in which they are appointed to serve, and shall possess the qualifications rcfjuired of such officers by section eleven of this act. If at any time of any election at which poll clerks and ballot clerks are ref)uired to be present at the polling place in any elec- tion district, the office of a poll clerk or of a ballot clerk of such district shall be vacant, or a Doll clerk or a ballot clerk shall be absent, the inspectors of election in such district shall forthwith appoint a person to fill such vacancv. Such person so appointed shall, before he acts as such poll clerk or ballot clerk, take the Times, Places, Notices, etc., of Elections.' 19 constitutional and statutory oaths of office. (Thus amended by chap. 536, L. 1901.) (Forms for appointments, oaths, etc., under this section, see " Forms " at end of this article.) Inspectjor a candidate for office vacates his ofifice of inspector. (34 Barb. 6.20.) Term of office of inspectors, two years. (See § 13, Town Law, post.) Oath of office of inspectors to be taken within ten days after notice of election or appointment and within eight days filed in the office of town clerk. (See § 51, Town Law, post.) Statutory oaths to be taken before opening of polls on election day. (§ 104, art. 2, Election Law.} Vacancies in office of inspectors. — The town board may fill vacancies by appointment in writing and cause same to be filed in ofifice of town clerk, who shall forthwith give notice to person appointed. (See § 65, Town Law, post.) Compensation of election officers. — If a different rate is not otherwise established as herein provided, each inspector of election, ballot clerk and poll clerk is entitled to two dollars per day; but the board of supervisors may establish in their county a higher rate, not exceeding six dollars per day. (See § 178, Town Law, post.) Although town election officers were employed from five a. m. until nearly midnight at a general election. Held, that they were only entitled to one day's pay under section 178 of the Town Law and that the statute fixing the number of hours which shall constitute a day's work by its terms does not apply to such offices. (People ex ret. Kleet v. Town Bd. West Turin, 27 Misc. 470.) Account of inspectors in towns, how made out. — " No account shall be audited by any board of town auditors or supervisors * * * for any services or disbursements unless such account shall be made out in items and accompanied with an affidavit attached thereto, and to be filed with such account, made by the person presenting or claiming the same, that the items of sucli account are correct and that the disbursements and serv- ices charged therein have been in fact made or rendered or are necessary to be made or rendered at that session of the board, and stating that no part thereof has been paid or satisfied; and the chairman of the board * * * may administer any oath required under this section." (Extract from § 167, Toivn Law, chap. 569, Laws 1890.) (For Form for Bill for Compensation, see "Forms" at end of this article.) § 14. Supplying vacancies and absences; organizations of boards of inspectors. — If at the time of any meeting of the inspectors there shall be a vacancy or if any inspectors shall be absent from such meeting- the inspector present who shall be a member of the same political party as the absent inspector shall appoint a quali- fied elector of the district, who shall also be a member of the same political party as the absent inspector, to act in the place of such absent inspector for the whole of that day. And the person so appointed shall be paid the amount which the absent inspector, if he had been present, would have been entitled to have been paid for his services upon that day, and the absent inspector shall not be paid for any services for that day. If two inspectors, who are members of the same political party, shall be absent from any such meeting on election day, the poll clerk, if he be present, and if he be absent then the ballot clerk, who is a member of the same political party as the absent inspectors, shall appoint two qualified electors of the district, who shall be members of the same political party as the absent inspectors, to act in the place of such absent 20 The Election Law of 1896. inspectors for the whole of that day ; and the persons so appointed shall be paid the amounts which the absent inspectors, if they had been present, would have been entitled to be paid for their services upon that day, and the absent inspectors shall not be paid for any services for that day. If two inspectors, who are members of the same political party, shall be absent on any of the days of registration, the inspector or inspectors present shall appoint qualified electors of the district, who shall be members of the same political party as the absent inspector or inspectors, to act until such absent inspector or inspectors, or his successors duly ap- pointed under the provisions of section twelve, shall appear and such person, so serving temporarily, shall serve without pay. If, at any such time, the offices of all inspectors are vacant, or no in- spector shall appear within one hour after the time fixed by law for the opening of such meeting, the qualified voters of the district present, not less than ten, may designate four qualified 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 office of any poll clerk or ballot clerk, or if any poll clerk or ballot clerk shall be absent from such meeting, the inspector or inspectors present, who shall be a member or members of the same political party as the absent poll clerk, or ballot clerk shall appoint a qualified elector of the district, who shall also be a member of the same political party as the absent poll clerk or ballot clerk to fill such vacancy. Every person so appointed or designated to act as an inspector, poll clerk or ballot clerk shall take the constitutional and statutory oaths as prescribed by the election law. Before other- wise entering upon their duties the inspectors of each district shall then immediately appoint one of their number chairman ; or, if a majority shall not agree upon such appointment, they shall draw lots for that position. {Thus amended by chap. 487, L. 1904.) Similar provisions as to supplying vacancy in office of poll or ballot clerk. (Election Laiv. § 13.) If no clerks can be procured election is not to fail, but inspectors must perform tlie clerks' duties. {People v. Cook, 8 N. Y. 88.) Civil service rules and regulations do not apply to election officers. {See § 8, chap. 370, Laws 1899.) § 15. Preservation of order by inspectors. — All meetings of the board of insjjcctors shall be public. Such board and each individ- ual member thereof shall have full authority to preserve peace and good order at such meetings, and around the polls of elections, and to keep the access thereto unobstructed, and to enforce obedience to their lawful commands. The said board may appoint one or more electors to communicate their orders and directions, and to assist in the performance of their duties in this section enjoined. Times, Places, Notices, etc., of Elections. 21 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 proceedings, they shall make an or- der directing the sheriff or any constable of the county, or any peace or police officer to take the person so offending into custody and retain him until the registration 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 exe- cuted by any sheriff, constable, peace or police officer, to whom the same shall be delivered. But if none shall be present, then by any other person deputed by such board in writing. The said board or any member thereof, may order the arrest of any person other than an election officer violating or attempting to violate, any of the provisions of this election law. (For Forms for Precept and Deputation see " Forms " at end of article.) Disobedience of orders of inspectors. — " Willfully disobeys any lawful command of the board of inspectors, or any member thereof, is guilty of a misdemeanor." (Subd. 17, § 41^, Penal Code, as amended by chap. 714, Laws 1894.) Arrest without a warrant may be made by either a peace officer or a private citizen when a crime is committed in his presence. (Code Critn. Pro. §§ 177, 183.) Inspectors have a right to keep order during canvass, but under pretense of same they have no right to turn out a peaceful and quiet citizen whose presence does not interfere with the discharge of their duties. (Norton V. Whistler, 4 N. Y. St. Rep. 810.) § 16. Ballot baxes. — 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 bal- lots." There also shall be a ballot box for the reception of ballots found to be defective in printing, or mutilated before delivery to electors, and for ballots spoiled and returned by electors, which box shall be conspicuously marked " Box for spoiled and mutilated ballots." There shall also be a box for detached ballot stubs, which box shall be conspicuously marked " Box for detached bal- lot stubs." If proposed constitutional amendments, or other prop- ositions or questions may lawfully be voted upon thereat, there shall be a separate ballot box at each polling place for the recep- tion of ballots upon such amendments or propositions, or ques- tions, which box shall be conspicuously marked, " Box for ques- tions submitted." In towns in which town meetings are held on election day, an additional ballot box shall be provided, to be marked " Box for town propositions," in which shall be deposited ballots cast on town propositions and questions. In towns in w^hich town meetings are held on election day in an even numbered year, an additional ballot box shall be provided, to be marked " Box for town ballots," in which shall be deposited ballots cast for candidates for town offices. Each box used for the reception 22 The Elfxtion Law of 1896. of voted ballots shall be provided vi^ith a sufficient lock and key, and with an opening in the top thereof large enough, and not larger than may be necessary to allow a single folded ballot to be "easily passed through such opening into the box. Each box shall be large enough to properly receive and hold all ballots which may lawfully be deposited therein at any election. {Thus amended by c/ia/>.' 381, L. 1900. chap. 405, L. 1902, and chap. y^Z, L. 1904.) The question whether or not liquor shall be sold in a certain town shall be voted on at town meeting by using a separate ballot and the bal- lot box designed for constitutional amendments. {Election Law, § 82 ; Lazi-s of 1896, cliaf". 112, § 16.) ^ 17. Voting booths and guard rails. — There shall be in each polling place during each election a sufficient number of voting booths, not less than one for every seventy-five registered electors in the district. Each such booth shall be at least three feet square, shall have four sides enclosed, each at least six feet high, and the one in front shall open and shut as a door swinging 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 conveniences in- cluding pencils having black lead only, as will enable the electors to conveniently prepare their ballots for voting. Each booth shall be kept clearly lighted while the polls are open by artificial lights if necessary. A guard rail shall be placed at each polling place at least six feet from the ballot boxes and the booths, and no ballot box or booth shall be placed within six feet of such rail. Each guard rail shall be provided with a place for entrance and exit. The arrangement of the polling place shall be such tha': the booths can only be reached by passing within the guard rail, and that the booths, ballot boxes, election officers and every part of the polling place except the inside of the booths, shall be in plain view of the election officers and the persons just outside the guard rail. Such booths shall be so arranged that there shall be no access to intend- ing voters or to the booths through any door, window, or open- ing except by the door in front of said booth. Supplies for voting booths to be furnished by officers designated in Elec- tion lass-. (Scr S Hd, Illcction Law.) Removal, mutilation or destruction of election booths, supplies, etc., a. misdemeanor. (Sec § 4ir, Penal Code, post.) % 18. Payment of election expenses. — The expense of providing polling places, voting booths, supplies therefor, guard rails and other furniture of the polling place, and distance markers, and the compensation of the election officers in each election district, shall Times, Places, Notices, etc., of Elections. 23 be a charge upon the town or city in which such election district is situated except that such expenses incurred for the purpose of con- ducting a viUage election, not held at the same time as a general election, shall be a charge upon the village. The expense of print- ing 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 at a town meet- ing, city or village elections 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 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 county, except such counties or portions thereof as are included within the city of New York, at any other election, 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 deliv- ering the official ballots, sample t diets 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 election be held in such county at the same time therewith, shall be i ^portioned by the county clerk between such town, city or village and such county, in the propor- tion of the number of candidates for town, city or village officers on such ballots respe -lively, to the whole number of candidates thereon, and the amount of such expense so apportioned to each such municipality shall be a charge thereon. Whenever voting machines are used in an election by any city, town or village, only such expenses as are ^aused by the use of such machines, and such as are necessary for the proper conduct of the elections as required by the election law shall be charged to sucn city, town or village. All expenses relating to or connected with elections lawfully in- 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 officer, shall be paid by the comptroller of said city upon the certificate of such board. The county clerk of each county, not salaried, shall be paid by such county a reasonable compensation for his services in carrying out the provisions of this chapter, to be fixed by the board of supervisors of the county, or the board acting as such board of supervisors. The town clerk of each town shall be paid by such town a reasonable compensation for his serv- ices 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 elec- tion, as inspectors of election for the election, and be paid in like 24 The Election Law of 1896. manner. Poll clerks shall receive the same compensation for their attendance at an election and canvass of the votes as inspectors of election and shall be paid in like manner. An inspector of elec- tion, lawfully required to file papers in the county clerk's office, shall, unless he resides in the county, if within the city of New York, or in any other city or town in which such office is situated, be entitled to receive as compensation therefor five dollars, and also four cents a mile for every mile actually and necessarily traveled between his residence and such county clerk's office in going to and returning from such office. In cities of the first class, having a population of two million or more inhabitants the per- sons 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 elec- tion, 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 in- spectors 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 certificate of the board or officer appointing them. Election officers required to meet at a different time from the regular count of the votes cast at a general election for the purpose of counting and returning the votes of electors absent from their election districts in time of war in the actual military or naval service of this state or of the United States shall be paid five dollars each. {Thus amended by chap. 95, L. 1901.) Compensation of election officers in towns, — 2. If a different rate is not otherwise established as herein provided, each inspector of election, bal- lot clerk and poll clerk is entitled to two dollars per day; but the board of supervisors may establish in their county a higher rate, not exceeding six dollars per day. (See § 178, Town Law, post.) § 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, Times, Places, Notices, etc., of Elections. 25 Kings, Richmond, Queens and Erie counties, and to the board of elections of the city of New York, located in the borough of Manhattan and to the branch office of the board of elections in each of the other boroughs of the city of New York and to the commissioner of elections of the county of Erie a sufficient number of copies thereof, to furnish one such copy to the county clerk and to said board and to each of said branch offices of the board of elections, and to said commissioner and one to each town, village and city clerk and to each election officer in such county and said boroughs together with such number of extra copies as may in his judgment be necessary to replace lost or mutilated copies before delivery thereof to election officers. The county clerk of each county, except those counties the whole of which are included within the city of New York, and the com- missioner of elections of the county of Erie, shall forthwith transmit one of such copies to each such officers in such county, and the said board of elections shall cause to be delivered one of such copies to each of such officers in the city of New York. Each copy so received by each such officer shall belong to the office of the person receiving it. Every incumbent of the office shall preserve such copy during his term of office and upon the expiration of his term or removal from office deliver it to his successor. The secretary of state shall also 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 by chap. 95, L. 1901, and chap. 643, L. 1905, in effect May 26, 1905-) 26 The Election Law of 1896. FORMS FOR ELECTION LAW, ARTICLE x. 1. Appointment of inspector to fill vacancy at meeting of inspectors. 2. Designation by electors to fill vacancies in boards of inspectors. 3. Appointment of poll clerks and ballot clerks in towns. 4. Appointment of poll clerks and ballot clerks to fill vacancies at meetine of inspectors. 5. Oath for elective election officers. 6. Oath for appointive election officers. 7. Precept in case of refusal to obey lawful commands of inspectors. 8. Precept in case of disorderly conduct in presence or hearing of in- spectors. 9. Bill for compensation in towns. 10. Chairman's certificate of service in cities. FOBM No. 1. (See § 14, Election Law.) Appointment of inspector to fill vacancies at meeting of Inspeetora. There being a vacancy in the office of inspector of election (or being absent from the meeting of the board of inspectors this day) in elec- tion district No. of the (ward, city or town) of , I (or we), pursuant to the election law, do hereby appoint , a duly quali- fied elector of the said election district, and a member of the same political party as the absent inspector, to act as a member of the board of election inspectors in place of until he or his duly appointed successor shall appear. Dated this day of , 19 • (To be filed with returns.) Inspectors of ElecHon. rOBM No. 2. (See § 14, Election Law.) Designation by electors to fill vacancies in boards of election inspectors. The offices of all the inspectors of the election district of the (ward, city or town) of , being vacant (or, all the inspectors of election of the election district of the (ward, city or town) of , Times, Places, Notices, etc., of Elections. 27 not appearing within one hour after the time fixed by law for the opening of the meeting of board of inspectors to be held this day), we, the under- signed, duly qualified electors of said district, hereby appoint to act in the place of , and to act in the place of until such absent inspectors respectively appear, the said persons so appointed being respectively members of the same political party as such absent inspectors. Dated this day of , 19 • (To be signed by not less than ten duly qualified electors and filed with -eturns.) rORM No. 3. (See § 13, Election Law.) Appointment of poll clerks and ballot clerks in towns. We, the undersigned (elected or appointed as the case may be), inspectors of the election district of the town of , do hereby appoint to the office of poll clerk in and for said district, and to the office of ballot clerk, pursuant to the provisions of section thirteen of the election law. Dated this day of , IQ • Inspectors of Election. (To be filed with the town clerk, and a copy thereof with the post office address of each person mailed to the county clerk.) FOBU No. 4. (See § 14, Election Law.) Appointment of poll or ballot clerk to fill vacanqy at meetings of inspectors. There being a vacancy in the office of poll clerk (or ballot clerk) (or , a duly appointed poll clerk (or ballot clerk), being absent from the meeting of inspectors this day) in election district No. of the (ward, city or town) of , I (or we), pursuant to the elec- tion law, do hereby appoint , a qualified elector of said district and a member of the same political party as the absent poll clerk (or ballot clerk), to fill such vacancy. Dated this day of , 19 • (To be filed with the returns.) Inspectors of Election, 28 The Election Law of 1896. FORM No. 5. Oath for elective election officerti. I do solemnly swear (or affirm) that I will support the constitution of the United States and the constitution of the state of New York, and that I will faithfully discharge the duties of the office of inspector of election, according to the best of my ability. And I do further solemnly swear (or afRrm) that I have not directly or indirectly paid, offered or promised to pay, contributed or offered or promised to contribute, any money or other valuable thing as a consideration or reward for the giving or withholding a vote at the election at which I was elected to said office, and have not made any promise to influence the giving or withholding any such vote. (Signed) Subscribed and sworn before me, this day of > ^9 • In addition to the above oath, elective officers must take the statutory oath provided for in subdivision 2, section 24, of the Election Law before the opening of polls on election day. FOBM No. 6. Constitutional and statutory oath for appointive election officers. I do solemnly swear I will support the constitution of the United States and the constitution of the state of New York, and that I will faithfully discharge the duties of the office of inspector of election according to the best of my ability. I do further solemnly swear (or affirm) that I will not in any manner request, or seek to persuade, or induce any elector to vote any particular ticket, or for any particular candidate, and that I will not keep or make any memoranda or entry of anything occurring within the booth, and that I 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 I may be called upon to testify in a judicial proceeding for a violation of the election law. (Signature of Appointee) Sworn and subscribed to this day of September, 1896, before me. Times, Places, Notices, etc., of Elections. 29 FORM No. 7. (See § 15, Election Law.) Precept in case of refusal to obey the lawful commands of the inspector. (Blank precepts should be provided beforehand and be in possession of the board ready to be filled up for use.) The people of the state of New York to the sheriff of the (city and) county of , or any constable, peace or police officer of said (city or) county : Whereas, at the present general (or special) election, held in and for election district No. , in the town of (or in the ward of the city of ), in said county, did willfully and inten- tionally obstruct the passageway to the polls of the said election, thereby hindering and preventing free access to the said poll, in open and known violation of the command of us, the undersigned, inspectors of this election, previously and publicly given in his hearing. You are, therefore, hereby ordered forthwith to arrest the said , and him safely keep and detain in custody until (the registration of electors or the canvass of the votes given in this election district shall be completed.) Given under our hands and seals this day of , 18 . Deputation to be written on back of precept in case no sheriff or constable is present. No sheriff or constable being present we hereby depute to exe- cute the within process. FOBM NO. 8. (See § 15, Election Law.) Precept in case of disorderly conduct in presence or hearing of inspectors. The people of the state of New York to the sheriff of the (city and) county of , or to any constable, peace or police officer of said county : Whereas, at the present general (or special) election, held in and for election district No. in the town of (or in the ward of the city of ), in said (city and) county, , in the presence (or in the hearing) of us, the undersigned, inspectors of the said election, ss. STATE OF NEW YORK, County of and , being severally sworn, each for himself, says that the said was the presiding officer of the convention of delegates mentioned and described in the foregoing certificate, and that the said was the secretary of such convention, and that said certificate and the statements therein contained are true, to the best of his information and belief. Severally subscribed and sworn to before ) me, this day of 189 . > {Notary Public:) *To be designated in not more than five words. t If in a city, the street and number of his residence and place of business. 82 The Election Law of 1896. FOBM No. 20. (For place and time of filing this certificate, see pages 68, 69.) Party certificate of nomination for a ward, town or village ofB.ce. To the ( TouiH or City) Clerk of We certify that at a primary meeting of the voters of the party, held at on the day of , 189 , a political party which, at the last preceding general election at which a governor was elected, cast ten thousand votes in the state for such officer, the following named persons were placed in nomination for offices to be filled at the next ensuing election in the (Village, ward or town.) Title of office to be filled. Name of the candidate. Name of the party.* Place of residence of candidate. t Place of busU ness.t We also certify that the following named person (or persons) were appointed by said primary a committee for the purposes specified in section sixty-six of the election law. (Residence and address.) Presiding Officer. Secretary* (Residence and addrees.) STATE OF NEW YORK. ) ^^ . County of , f "" and , being severally sworn, each for himself, says that the said was the presiding officer of the primary meeting mentioned and described in the foregoing certificate, and that the said was the secre- tary of said primary meeting, and that said certificate and the statements therein contained arc true, to the best of his information and belief. Severally subscribed and sworn to before me, this day of 189 Notary Public. •To be designated in not more than five words. t If in a city, the street and number of his residence and place of business. Primaries, Conventions and Nominations — Forms. 83 FOB.M No. 21. (For place and time of filing this certificate, see pages 68, 69-) Party certificate of nomination by a duly authorized committee of convention or primary. To the (Insert name of officer with whom certificate is to be filed.) We certify that at a meeting of the duly authorized committee of the (state or district) convention (or primary) representing the party, held at , on the day of , 189 , a political party which, at the last preceding general election, at which a governor was elected, cast ten thousand votes in the state for such officer, said committee, act- ing under authority of the following resolution, passed i 189 , at a convention of delegates : (Here insert resolution passed by convention.) placed in nomination for the offices to be filled at the next ensuing election the following named persons : Title of office to be filled. Name of the candidate. Name of the party.* Place of residence. t Place of bufineii.t (Signed) • • • • A majority of the members of the committee. (The signers of the foregoing^ certificau axaxequired to add to their ai^atures their retpcc< IITC places of residence.) STATE OF NEW YORK, ) County of , \ ^^' ' and , being severally sworn, each for himself says, that he is a member of the committee representing the party, and that he and the other signers to the foregoing certificate constitute a majority of such committee, and, further, that said certificate and the statements therein contained are true, t« the best of his information and belief. Severally subscribed and sworn to before me, this day of .189 {Notary Puiiu) *To b« desigitatad ia not more than (ire words. t If in a city, the street and number of residence and place of busincM. 84 The Election Law of 1896. FOBM No. 22. (For time and place of filing this certificate, see pages 68, 69 ) Independent certificate of nomination. To the (Insert name of officer with whom certificate is to be filed.) We, the undersigned, duly qualified voters of the State of New York, in accordance with the provisions of section 57 of the election law, hereby make the following nomination for offices to be filled at the next election in the (State district or election division.) Titles of offices to be filled. Name of the can- didate. Political or other name which signers select.* Residence of the candidate nominated.t Place of buci- ness.t We hereby select as an emblem or device to represent and distinguish the candi- dates hereby nominated by us a which emblem or device is shown by the foU lowing representation. (Insert fac simile.) And we do designate and appoint (Name, residence and place of business.) to represent the signers of this certificate for the purposes set forth in section sixty- six of the election law. We the undersigned duly qualified electors of the district for which the nomination for public office is hereby made under the provisions of section fifty- seven of the elec- tion law do hereby declare that it is our intention to support at the polls the can- didacy of the person or persons herein nominated for public office. Signatures. Residence, town or city, str*«t and street num- ber, if any.J Note. — It is unnecessary for the signers to sign any affidavit. The making of the oath it to be proved by the officers before whom the oath is taken. The signatures need not all be appended to one paper. Certificate of notary or other officer before whom oath is taken to be annexed to the certificate of nomination. STATE OF NEW YORK, [ ^^ . County of . ^ * On the day of in the year , before me personally came (here shall be inserted the names of each and every elector appearing and making oath before the said office), each of whom • To be designated in not more than five words and not to include names of any organized political party. t If in a city, also the street and number of residence and place of businers. i Certificates of nominations for officers to be voted for by all the electors of tlii« Mat* ■hould contain the names of th* county in addition to place of residence. Primaries, Conventions and Nominations — Forms. 85 was to me persoDaliy known and known by me to be the elector whose name and place of residence is subscribed by him to the foregoing certificate and each of the foregoi»g electors being by me duly and severally sworn did make oath that he is an elector and has truly stated his residence, and that it is his intention to support at the polls the candidacy of the person or persons nominated for public office in the foregoing certificate of nomination. (Signature and official title.) FOBM No. 23. Liat of nominations to be published by cotinty clerk. To tht Electors of ( cowity): The following is a true and correct list of all nominations of candidates for offices to be filled at the election to be held ,189 , cer- tified to me pursuant to the provisions of chapter 909 of the Laws of 1896 : Name of CAudidatei. Residence.* Place of business.* OflSce to be filled. Party or other desig- nation of candidate. Fac simile of emblem or device select- ed to repre- sent and dis- tinguish can- didates. similes oppo- site candidates of each party.) (Signed) Clerk of County. FORM No. 24. Liat of nominations to be posted by town or village clerk. To the Electors of {town or village of ) ; The following is a true and correct list of all nominations of candidates for offices to be filled at the election to be held at , 189 , filed with me pursuant to the provisions of chapter 909 of 1896, and amendments thereto : Name of candidates. Residence. OflSce to be filled. Party or other designation of candidates. Fac simile of em- blems or devices to represent and distinguish can- didates. (Here insert fac similes opposite candidates of each party. CUrk. If in a city, the street number of residence and place of biKinewt 86 The Election Law of 1896. FOBM No. 26. Printed list to be sent by county clerk to each town clerk or aldsmutti in county or city. (Same to be posted by town clerk or alderman in election districts.) To the {Town Clerk or Alderman) of {Town of or Ward of )•• Please take notice that the following named persons have been nomi' nated as candidates for office, to be voted for at the election to be held in your (town or ward) on the day of , 189 , as follows : Name of candidate. Place of residence.* Place of business.* OfiBce to be filled. Party or other desig- nation of candidate. Fac simile of emblems or devices to represent and distinguish candidates. (Signed) Clerk of County. FORM No. 26. Declination of nomination. To the Secretary of State {or other officer) : Sir — Please take notice that I decline the nomination for the office of , tendered to me by the (convention, primary or voters) of the party, filed in your office. Dated Yours, ^^'\ss. STATE OF NEW YORK, County of On this day of , 189 , before me personally came , to me known to be the person described in, and who executed the fore- going declination, and he acknowledged to me that he executed the same for the purposes therein mentioned. Notary Public or Justice of the Peace. • If in a city, the street number of residence and i»lace of business. Primaries, Conventions and Nominations — Forms. 87 FORM No. 27. Filling vacancies in nominations by duly authorized committees. To the {insert ojffker with whom original certificate of nomination is filed): Whereas, (Here set forth cause of vacancy or nature of defect of certificate of nomination.) Now, therefore, I (or we) , the duly authorized com- mittee for the purposes specified in section sixty-six of the election law, pursuant to the provisions of said section, do hereby certify that I (or we) have nominated the following named person (or persons) to fill the vacancy (or vacancies) caused by Name of new candidate. Place of resi- dence. Place of business. Title of office for which nominated. Name of original candidate. Name of po- litical party or other nominating body. (Signed) A majority of the committee. (Signers should state residence, city or town, street and number, if any.) Acknowledgment and affidavit to be annexed to certificate. STATE OF NEW YORK, ) ^^ . County of , ) On the day and date below mentioned before me personally appeared to me known and known to me to be the persons described and who executed the foregoing certificate, and severally acknowledged the execution thereof for the purposes therein set forth, and each of said persons being by me severally duly sworn depose and say that the matters therein stated are true to the best of his information and belief. (Signed) Acknowledged, subscribed and sworn to before me, this day of 189 Notary Public. 88 The Election Law of 1896. JORM No. 28. Caadidate's statement of election expenses. I , a candidate voted for at the election held in the state of New York (or county of ) on the day of , 189 , for the office of in said state (or county), do hereby make and file the following itemized statement, showing in detail all the moneys contributed or expended by me directly or indirectly by myself or through any other person in aid of my election. (Here insert items.) STATE OF NEW YORK, j County of , > ss. : Town of . ^ , being duly sworn, deposes and says that he was a candidate for the office of and voted for as such at the election held in the said state of New York Qj^ the of , 189 ; that the statement to which this affidavit is attached is in all respects true ; and that the same is a full and detailed statement of all moneys so contributed or expended by him. directly or indirectly, by himself or through any other person in aid of his election. Sworn to before me this ) ot , 189 . ) Notary Public. Official and Sample Ballots, etc. 89 abticlb iv. Official and sample ballots, instruction cards and stationery. Section 80. Official ballots for elections. 81. Form of general ballot. 82. Form of ballot for questions submitted. 83. Sample ballots, instruction cards and stationery. 84. Blank forms for election officers. 85. Number of official ballots. 86. Officers providing ballots and stationery. 87. Distribution of ballots and stationery. 88. Errors and omissions in ballots. 89. Unofficial ballots. § 80. Official ballots for elections. — Official ballots shall be provided at public expense at each polling place for every election at which public officers are to be elected directly by the people, except an election of school district officers or school officers of a city or village at which no other public officer is to be elected, and except an election of officers of a fire district out- side of cities and incorporated villages, at which excepted elections any form of ballots which may be adopted and used by the meet- ing at which such election shall be had shall be legal. (Thus amended by 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 pub- lic office, and every ballot shall contain the names of all the can- didates 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 provisions of this act, shall contain a party device for each political party repre- sented on the ticket in accordance with the provisions of section 90 The Election Law of 1896. fifty-six of this act. The arrangement of the ballot shall, in gen- eral, 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 des- ignation in such order as the secretary of state may direct, precedence, however, being given to the party which polled the highest number of votes for governor at the last preceding gen- eral election for such officer, and so on. The number of such columns shall exceed by one the number of separate tickets of candidates to be voted for at the polling place for which the bal- lot is provided, except as otherwise provided in this section. The party name shall be printed in display, the name or designation 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 space one-half inch in depth, and at least two inches in width defined by light horizontal ruled lines, with a blank space on the left thereof, one-fourth of an inch wide, inclosed by heavier dark lines, which space (called the voting space) shall be of the same depth as the space containing the title of the office and the name of the can- didate ; provided, however, that when two or more persons are to be voted for, for the same office, for the same term, on the same party ticket, as for instance, presidential electors, the title of the office shall be printed in the first space only, which space shall be half an inch in depth and the several spaces in which only such candidates' names are printed, and the voting spaces to the left thereof, shall each be one-fourth of an inch in depth between the horizontal ruled lines. On the right of each ballot shall be a col- umn 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 respects 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 col- umn," and below such words shall be printed in brevier capital type the following: " The elector may write in the column below. Official and Sample Ballots, etc. 91 under the title of the office, the name of any person whose name is not printed upon the ballot, for whom he desires to vote." At elections at which presidential electors are to be voted for, the names of the candidates for president and vice-president shall be placed on the ticket immediately below the name of the party making the nominations, and above the heavy ruled line preceding the names of the presidential electors, and shall be printed in type known as great primer Roman condensed capitals. The heading of each party ticket, including the name of the party, the device above, and the circle between the device and such name, shall 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 fi'fty-seven of this act, des- ignated as " independent nominations," the ballot shall be so ar- ranged that at the right of the last column for nominations designated in section fifty-six as " party nominations," 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 independent nominations, and the circle and also the device or emblem to represent and distinguish the candidates of the several independent bodies making such nominations. The independent tickets occupying the same col- umn shall be separated from each other by a solid black line one- eighth of an inch wide. At the top of the column, and above the first emblem in each of such columns for independent nominations, shall be printed in type known as great primer Roman con- densed capitals the words " independent nominations." Each col- umn 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 tlie device, and above the name of the party at the head of the ticket 92 The Election Law of 1896. or list of candidates, his choice of a party ticket and desire to vote for each and every candidate thereon, and by a cross X mark in a blank inclosed space, heretofore designated as the voting space, on the left of and before the name of each candidate, his choice of particular candidates. The ballot shall be printed on the same leaf with a stub, and separated therefrom by a perforated line. 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 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 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 ob- tain 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 bal- lots to be printed. Ballots for town meetings not held at the same time with a general election shall be indorsed " Town," and for village elections, "Village." On the back of the stub, and Official and Sample Ballots, etc. 93 immediately above the center of the indorsement upon the back of the ballot, shall be printed the consecutive number of the ballot beginning with " No. i," 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, arrarrgement, 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 there- from, it shall be impossible to distinguish any one of the ballots from the other ballots of the same sort, and the names of all can- didates 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 nom- inated shall be printed upon the ballot 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 candi- dates 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 candi- dates for any office than there are persons to be elected to such office. In making up the various official ballots, the county clerk takes into consideration the nominations for state and district offices which have been certified to the secretary of state and the nominations for local offices which appear upon certificates filed in his own office. In combin- ing the names to go upon a particular official ballot he is to select, so far as party nominations are concerned, the candidates nominated by one and the same party and when there are two sets of nominations from the same party he cannot refuse to place one of these sets on a ballot with the state nominees simply because the faction which made the local nomi- nations was not recojjnized by the last state convention. His duty is to inquire and determine as a matter of fact whether that faction is really a part of such party or not. If it is, its local candidates should be named on a ballot with the state ticket. If it is not, they should 94 The Election Law of 1896. have a ballot by themselves with blanks so far as relates to state offices. (^Matter of Mitchell, 8i Hun, 401 ; Matter of Wheeler, 10 Misc. Rep. 55.) Officers cannot adopt a different order for printing party names and designations than that directed by the secretary of state. {Fernbacher v. Roosevelt, 90 Hun, 441.) One claiming a regular nomination at the hands of a convention which has been declared to be irregular by the supreme authority within the party in the state cannot be regarded as a regular nominee of his party, and is consequently not entitled to have his name printed upon the official ballot. {Matter of Redmond, 5 Misc. Rep. 369.) No matter what a body of voters may have called themselves, if a ticket is nominated and filed according to law the clerk should print the ticket for the popular vote, and a mandamus will lie compelling him so to do in case of either his neglect or his refusal to act. (People ex rel. Wallace v. Ryan, 60 Hun. 398.) The only guide for the county clerk in making up the official ballots consists of the certificates of nomination filed with him. He cannot go behind or beyond these and place under the head or emblem of a particu- lar party the names of candidates not nominated by that party, although he may know that such party intends to support such candidates. (Matter of Madden, 148 N. Y. 136.) § 82. Form of ballot for questions submitted. — Whenever the adoption of a constitutional amendment or any other proposition 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 provided 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 ballots for candidates for public office, in so far as such requirements are ap- plicable thereto. Under the perforated line shall be clearly printed, in brevier lower case type, the question of the adoption of the constitutional amendment or other proposition or question upon which the electors within the district for which such ballot is provided may lawfully vote. If there be more than one constitu- tional amendment or proposition or question to be submitted to the voters of that district, the different amendments or proposi- tions or questions shall be separately numbered and printed, and separated by a broad solid line one-eighth of an inch wide. Oppo- site 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 Official and Sample Ballots, etc. 95 shall be printed the words " Yes," and preceding the lower one of such squares shall be printed the word " No." At the top of each such ballots, immediately above the perforated line, shall be printed in brevier capital type the following words only : " Notice to electors. For an affirmative 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 similar 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 num- bered 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 indorsement as prescribed for general ballots, the words " Questions submitted," so as to distinguish the said ballots from the official ballots for candidates for office. Ballots for the submission of town propositions and questions to be submitted at town meetings held on election day shall be printed in the manner provided by this section, but shall be endorsed " Town proposition submitted." All ballots for the submission of town propositions 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 submission of other propositions or ques- tions to the electors of such town to be voted a<- the same town meeting or election. Such ballots shall be in the form prescribed in this section and shall be endorsed " propositions for town ap- propriations." (Thus amended by chap. 598, L. 1901.) Misconduct in relation to official ballots. — " A person who * * * "4. Forges or falsely makes the official indorsement of any ballot; or " 5. Having charge of official ballots, destroys, conceals or suppresses them, except as provided by law. " Is punishable by imprisonment for not less than one nor more than five years." {Extract § 411^. Penal Code.) The names of all candidates to be voted for at a general election, including village police commissioners, shall be placed on the official bal- lot prepared by the county clerk. {In re McLaren, 34 N. Y. St. Repr. 634.) This section does not apply to an election held to determine the ques- tion of the incorporation of a proposed village. The general act for the incorporation of villages (chap. 291 of 1870) is not repealed directly or by implication by the election law. Official ballots need not be used in such an election. {Matter of Taylor, 3 App. Div. 244. See § 82, Election Lazv.) § 83. Sample ballots and stationery. — Sample ballots, equal in number to twenty-five percentum of the number of official Ijallots provided therefor, shall also be provided for every polling place for which official ballots are required to be provided. Such sam- ple ballot shall be printed on paper of a different color from the g6 The Election Law of 1896. official ballot, and without numbers on the stubs, but shall, in all other respects, be precisely similar to the official ballots to be voted at that polling place. One of such sample ballots shall, at any time on the day of election, be furnished upon application to any elector entitled to vote at that polling place, and may be taken by him away from such polling place before receiving his official ballot or ballots. Twelve instruction cards, printed in English, and twelve printed in each of such other languages as the officer or officers charged with providing them shall deem necessary, shall also be provided for each such polling place, containing in clear, large type, full instructions for the guidance of electors in obtaining ballots for voting, in preparing their ballots for deposit in the boxes, in returning their ballots to the ballot clerks, and in obtaining new ballots in place of those returned, and, in smaller sized type, a copy of each of the sections of the penal code relating to crimes against the elective franchise. There shall also be pro- vided two poll-books, a suitable number of markers, 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 ballot clerks in the forms hereinafter provided, heavy manilla envelopes for statements and returns, sealing wax, pencils having black lead only, pens, penholders, blotting paper and ink. All such articles herein enumerated are hereby designated as " stationery." [For Form for Instruction Card, see Form No. 29, page 108.] § 84. Blank forms for election officers. — The officers charged with the duty of furnishing official ballots shall furnish to the board of inspectors of each election district, two tally sheet blanks, three ballot return sheet blanks, three election return sheet blanks, one of which shall be endorsed " original return," the other " copies of the original return," three blanks for the report of as- sisted 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: Official and Sample Ballots, etc. 97 •jo; psjunoD •3« t)0)]Eq JO jaqtunu I^JOJ^ •sjonEq pioA JO jsquinu l^iox ■sioiiEq ^juriq X][oqAi JO jsquinu I'lox •ssDcyo 3uiMO[ioj aqj joj psjunoa se« sioa ou qsiq/n iio JJUBiq XjjoqAi jou S}0[|cq JO jsquinu IE30J_ coo •sjBpipuco q3C3 JOJ pajunob puc jsed S3JOA JO jsquunu Iejoj_ •S}0]]Eq Jljds UO 3}EpipUE3 1JDB3 JOJ p3)unob puB ifeo S9)0A JO jsquinj.^ •sjo(iBq iqSlCJJS UO 3)cpipuc3 qDrb JOJ psjunob puB )SB3 ssioA JO jaqtiinjij h H Q •ajBpipuEO qDBS JOJ pajunoo puB jsBO S3)0A JO jsquinu jbiox •sjoii^q jtjds uo ajEpipuE-3 qoBa JOJ paiunoD puB 3SB3 S9]0A JO jaquin^ •sjoiiBq 5q3iBj]s UO aiBpipuBO q3B3 JOJ pajunob pus JSBD S3J0A JO jsquirnvi 9i M z : i=! fe & a o H X <; ? -3 O J CJ -if o « n * ■• n-o ° a u c •> o T rt ^ ^- J! o-o-^ — O c «• 2 « " « rt -2 ° T3XJ= "5 W rt .. ■c • K *> . c rt . O n .^ ^ t) - w 2 O = rt-a 3^ "^ O .s-s " s 'C o a & jj o a ^ o u * o « o - t, 1) in — O u— °^ "" o S " &T3 6 S »* 5 3 2 .0 « c " e "-Be £■■£ c-"s i M - *► ■5 j-3>2 98 The Election Law of 1896. Tally sheets. — The tally sheet blanks shall be as nearly as pos- sible in the following form : At the extreme left of such sheet there shall be a column headed " List of offices," in which shall be printed the titles of all the offices printed upon the official ballot, and in the same order. Each office shall be separated by a heavy ruled line running the full width of such sheet. There shall be printed thereon, in separate columns under the name of the re- spective parties the tickets of all the parties as they appear on the official ballot, so that the names of all candidates for the same of- fice 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 there shall be entered by single marks, grouped into five marks, the votes canvassed for such candidates on the split ballots. To the right of such column shall be another column headed, " Total number of votes cast and counted for each candidate," in which shall be entered, opposite the name of each candidate, the total number of votes cast and counted for such candidate on both straight and split ballots. To the right of the last column for entering the total vote cast for candidates of any party, shall be a column headed, " Total 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 entered opposite each title of each office the number of ballots which were rejected as void. At the extreme right of such sheet there shall be a column headed, " Total number of ballots accounted for," in which shall be entered opposite each office the Official and Sample Ballots. 99 •sum of the total vote cast for all candidates for the office, together with the number of ballots not wholly blank, on which no vote was counted for that office, the total number of wholly blank, and the total number of void ballots, and the votes cast, if any, for candidates for such office whose names are not printed upon the ballot. Such sum must equal the number of ballots voted, as shown by the ballot clerks' return of ballots, and if it does not there has been a mistake in the count, and the ballots must be recounted for such office. In case a person is voted for whose name is not printed on the ballot, the poll clerks, who shall keep the tally sheets, shall enter such name and the votes therefor on the tally sheet. The method of counting the votes shall be as provided in section one hundred and ten of the election law : Duty piirely ministerial. Under the election law, the duty of the inspectors to transcribe from the tally sheet on the official statement the totals, is purely ministerial. (In re Stezvart. 48 N. Y. Supp. 957.) The recount provided for in this section means a recount of the bal- lots which were canvassed and recorded on the tally sheets on the theory that the mistake is due to the fact that the tally sheets do not set forth, in the various columns, all of the ballots subject to canvass. {Matter of Stiles, 69 App. Div. 589; 75 N. Y. Supp. 278.) This case states in detail the procedure to be followed on such recount. 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 official ballots furnished to election district number (five) of the (town of Can- andaigua), county of (Ontario), were 800 2. The number of sets of official ballots cancelled before delivery to voters by reason of one or more of the set being found defective in printing or mutilated, all of which were destroyed by us, were 5 3. The number of sets of official ballots spoiled and re- turned by voters, all of which were destroyed by us, were 10 4. The number of sets of official ballots returned to the county clerk or other officer, unused, were 300 5. The number of sets of official ballots actually voted were 485 6. Total sets of official ballots accounted for are 800 100 The Election Law of 1896. 7. The number of sets of detached stubs were 5^^ 8. The number of sets of stubs on unused ballots were... 300 9. The total sets of stubs accounted for are 8oa We hereby certify that the foregoing ballot return for elec- tion district number (five) of the (town of Canandaigua), county of (Ontario), for the election held November (5th, 1895), is cor- rect. (Signed.) Ballot Clerks. Sample. Inspectors' returns and statement of canvass. — Original official statement of the result of a (general) election, held on the (fifth) day of November (1895), in the (fifth) election district of the (town of Canandaigua), county of (Ontario), state of New York, made by the inspectors of election in and for said district, which re- turn is made as provided in section one hundred and eleven of the election law. RETURN OF BALLOTS VOTED. "I. 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 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) 47^ 5. The total number of ballots accounted for by us are . . 485 Official and Sample Ballots, etc. ioi We certify the foregoing statement of ballots voted is correct in all respects. Dated, this (fifth) day of November (1895). Board of Inspectors. Statement and Eetnxn 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 hundred 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 of the Office of (Lientenant- Govemor) . 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 (lieutenant-governor) were (seven) y, 3. The whole number of ballots on which votes were counted for the office of (lieutenant-governor) were (four hundred and sixty-three) 463 102 The Election Law of 1896. 4. Of which (Charles T. Saxton) received (three hundred and tliree) 303 5. (William F. Sheehan) received (one hundred and sixty) 160 Total 463 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) were (ten) 10 3. The whole number of ballots on which votes were counted for the office of (county clerk) were (four hundred and sixty) 460 4. Of which (John Doe) received (three hundred and fif- teen) 315 5. (Richard Roe) received (one hundred and forty-five) . . 145 Total 460 The number of general ballots " protested as marked for iden- tification " (all of which are in the sealed package returned here- with together with the void ballots) each of which have been indorsed by us " protested as marked for identification," the mark or marking to which objection was made being specified upon the back of each such ballot, 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 us as void. Such void ballots are included in our return as " void " ballots on which no vote for any candidate was counted and are marked upon the back thereof " void " and indorsed with Official and Sample Ballots, etc. 103 the reason for so declaring them. They are in the sealed package returned herewith together with the ballots " protested as being marked for identification." We certify the foregoing statement is correct in all respects. Dated this (fifth) day of November, 1895. Board of Inspectors. Note. — A similar certificate is to be made at the bottom of each sheet or half sheet of this return. If ballots are voted on any constitutional amendment or question or proposition sub- mitted, a similar return is to be included. Two certified copies of this original statement and return are to be made. Blank for the Report of Assisted and Challenged Electors. Three blank statements in the following form shall also be fur- nished 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 challenge 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) 3. The names of persons who received assistance on account of being unable to write by reason of illiteracy, were , in all, two (2) We certify the foregoing statement is corect. Dated this (fifth) day of November, 1895. Board of Inspectors. I04 The Election Law of 1896. § 85. Number of official ballots. — The number of official bal- lots of each kind to be provided for each polling place for each election to be held thereat, except a village election held at a differ- ent time from a general election, shall be one and one-half times as many ballots as near as may be as there were names of electors on the register of electors of such district for such election at the close of the fourth meeting for such registration. In cities of the first class the officer or board charged with the duty of furnishing official ballots shall furnish one and one-half times as many official ballots as near as may be of each kind to be provided for such election as there are electors entitled to vote thereat, as nearly as can be esti- mated by such officer or board. When but two days of registra- tion are required there shall be a number equal to one and one-half times, as near as may be, the number of names upon the register at the close of the second meeting for registration. The number of official ballots of each kind to be provided for each polling place for a town meeting, held at any time or a village or city election held at a different time from a general election, shall be one and one-half times as near as may be the number of persons who will be entitled to vote thereat, as nearly as can be estimated by the officer charged with the duty of providing such ballots. (Thus amended by chap. 381, L. 1900.) § 86. Officers providing ballots and stationery. — The clerk of each county, except the county of Erie and those counties the whole of which are within the city of New York, and in the county of Erie the commissioner of elections, shall provide the requisite number of official and sample ballots, cards of instruc- tion, two poll books, distance markers, two tally sheets, inspectors' and ballot clerks' return sheets (three of each kind, and one of each to be marked "original"), pens, penholders, ink, pencils having black lead, blotting paper, sealing wax and such other articles of stationery as may be necessary for the proper conduct of the 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 officers are not held at the same time as a general election the clerk of such town, city or village, respectively, except in the city of Buffalo, shall provide such official and sample ballots and stationery for such election or town meeting. If the town meeting is held on general election day ballots and sample ballots for town propo- sitions 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 ques- Official and Sample Ballots, i:tc. 105 tions. In towns in which town meetings arc held at the time of the general election in an odd numbered year, the names of candi- dates 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. In towns in which town meetings arc held on general election day in an even numbered year, the names of candidates for town officers shall be printed on separate ballots ; such ballots and sample ballots for town officers shall be provided by the town clerk in like manner and in the same form as at a town meeting held at any other time, and such town clerk shall also furnish inspectors' and ballot clerks' return sheets for making returns of votes cast for candidates for town offices at such an election, and the expense of furnishing such ballots, sample bal- lots and return sheets shall be a town charge. And the board of elections of the city of New York, and in the city of Buffalo the commissioner of elections, shall provide such articles for each election to be held in said city. Each officer or board charged with the duty of providing official ballots for any polling place, shall have sample ballots and official ballots provided, and in the possession of such officer or board, and open to public inspection as follows : The sample ballots five days before the election, and the official ballots four days before the election for which they are prepared unless prepared for a village election or town meeting held at a different time from a general election, in which case the official ballot shall be so printed and in possession at least one day, and the sample ballots at least two days before such election or town meeting. During the times within which the same are open for inspection as aforesaid, it shall be the duty of the officer or board charged by law with the duty of preparing the same, to deliver a sample ballot of the kind to be voted in his district to each qualified elector w-ho shall apply therefor, so that each elector who may desire the same may obtain a sample ballot, similar ex- cept 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 chaps. 95 atid 615. L. 1901, chaps. 176 and 405, L. 1902. chap. 733, L. 1904, and chap. 643, L. 1905, in effect May 26, 1905.) The amendment made by chap. 405 of the Laws of 1902 superseded that made by chap. 176 of the same year. The latter act related to filing cer- tificates of nomination in Dutchess county. The necessity for the latter act was abrogated by chapter 405, since such act provided for a single ballot for all elections. § 87. Distribution of ballots and stationery. — The county clerk of each county, except the county of Erie and those counties which are wholly within the city of New York, shall deliver at his office to each town or city clerk in such county, except in New York city and in the city of Buffalo, on the Saturday before the election at which they may be voted, the official and sample bal- lots, cards of instructions and other stationery required to be provided for each polling place in such town or city for such io6 The Election Law of 1896. election. It is hereby made the duty of each such town or city clerk to call at the office of such county clerk at such time and receive such ballots and stationery. In the cities of New York and Buffalo the board or officer required to provide such ballots and stationery shall cause them to be delivered to the board of inspectors 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 outside thereof with the number and kind of ballots con- tained therein and endorsed with the designation of the election district for which they were prepared. The instruction cards and other stationery provided for each election district shall also be enclosed in a sealed package or packages, with a label on the out- side thereof showing the contents of each such package. Each such town and city clerk receiving such packages shall cause all such packages so received and marked for any election district to be delivered unopened and with the seals thereof unbroken to the inspectors of election of such election district one-half hour 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 office of such clerk or board. Town, city and village clerks required to provide the same for town meetings, city and village elections held at different times from a general election, and the board of the city of New York and in the city of Buffalo, the commissioner of elections, required to provide the same for elections held therein, respec- tively, shall in like manner, deliver to the inspectors or presiding officers of the election at each polling place at which such meet- ings 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 Jike manner in their respective offices. (Thus amended by chap. 379, L. 1897, and chap. 643, L. 1905, in effect Mav 26, 1905.) [For Forms for Receipts, see Forms No. 30-31, pages 109, no.] Failure to deliver official ballots. — "Any person who has undertaken to deliver official ballots to any city, town or village clerk, or inspector, as authorized by the election law, and neglects or refuses to do so, is guilty of a misdemeanor." (§ 41/1, Penal Code.) § 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 nom- inated for office, or in the printing of sample or official ballots, the Official and Sample Ballots, etc. 107 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 distribution of the ballots to the inspectors for use at such elec- tion. Innocent voters will not be disfrancMsed because of a latent defect in the official ballot furnished by the state, not discernible on inspection, which ballot they were compelled to use, the defect consisting in the unauthorized insertion therein by a public official, charged with the duty of making up and printing the ballots, of names of candidates in a party column not duly nominated by such party. (People ex rel. Hirsh v. Wood, 148 N. Y. 142; 14 Misc. Rep. Z77- § 89. TTnofficial ballots. — If the official ballots required to be furnished to any town or city clerk, or board, shall not be de- livered at the time required, or if after delivery shall be lost, destroyed or stolen, the clerk of such town or city, or such board, shall cause other ballots to be prepared as nearly in the form of the official ballots as practicable, but without the indorsement, and upon the receipt of ballots so prepared from such clerk or board, accompanied by a statement under oath that the same have been so prepared and furnished by him or them, and that the official ballots have not been so delivered, or have been so lost, de- stroyed or stolen, the inspectors of election shall cause the ballots so substituted to be used at the election in the same manner, as near as may be, as the official ballots. Such ballots so substituted shall be known as unofficial ballots. io8 The Election Law of 1896. FORMS FOR ELECTION LAW, ARTICLE 4. FORM No. 29. (See sec. 83, Election Law.) Instruction card to be prepared and printed in one or more languages by county clerks, to be distributed in each voting district and hung in each voting booth election day. Instructions for the Guidance of Electors. Obtaining ballots. — One official ballot or set of official ballots, folded in the proper manner for voting, may be obtained by an elector from the ballot clerks at the polls of election, upon the elector announcing his name to the inspectors and after announcement by the inspectors that he is duly registered. On receiving his ballot he shall forthwith, and without leav- ing the inclosed space, retire alone to one of the unoccupied voting booths, and without undue delay unfold and mark his ballot as hereinafter de- scribed, remaining in the booth not more than five minutes in case all the booths are in use. Bules for preparing ballots. — The elector is to observe the following rules in marking his ballot, using only for the purpose a pencil having a black lead : Rule I. 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. 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 candidate for whom he desires to vote on what- ever 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 candidates 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 every candidate he desires to vote for, except for the office for which he desires to cast a blank vote. Official and Sample Ballots, etc. 109 Rule 6. In the case of a question submitted, the elector shall make a cross X majtJf 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. Betuming and obtaining new ballots in place of those returned. — If an elector defaces or tears a ballot or one of a set of ballots, or wrongly marks the same ballot so that it cannot be used, he may successively ob- tain others, one set at a time, not exceeding in all three sets, upon return- ing each set of ballots so defaced or wrongly marked to the ballot clerks. Delivery of ballots to inspectors.— After marking his ballot or ballots and before leaving the booth the elector must fold his ballot or ballots in the proper manner for voting, which is: First, by bringing the bottom of each 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 visible. He shall then deliver the ballot or ballots properly folded to the inspector in charge of the bal- lot boxes, who, if the voter is entitled to vote and be not challenged, or if challenged, the challenge be decided in his favor, and the ballots have no unlawful mark or tear visible on the outside thereof, after removing the stub, shall deposit the same in plain view of the voter in the proper ballot box for the reception of voted ballots. (Here follow with a copy of each of the sections of the Penal Code re- lating to crimes against the elective franchise.) FOBM No. 30. (See sec. 87, Election Law.) Town clerk's or city clerk's receipt for official ballots received from county clerk. Received of One package containing One package containing One package containing One package containing One package containing Dated , clerk of official ballots, sample ballots, poll books, distance marks, stationery. (Signed) county. Town {or city) Clerk. no The Election Law of 1896. FOBK No. 31. (See sec. 87, Election Law.) Election inspectors' receipt for official ballots recelyed from town or city clerk. Received of , (city or town) cleric, One package containing official ballots. One package containing sample ballots. One package containing poll ballots. One package containing distance markers. One package containing stationery. Dated (Signed) Inspectors of Election. EUftioH District No. — {Town or City). Conduct of Election and Canvass of Votes. hi abticle v. Conduct of Elections and Canvass of Votes. Section ioo. Opening the polls. lOi. 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. no. 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 re- quired to be provided, and shall proceed to arrange the space within the guard rail and the furniture thereof, including the voting booths, for the orderly and legal conduct of the election. The inspectors of election shall then and there have the ballot boxes required by law for the reception of ballots to be voted thereat ; the box for the reception of ballots found to be defective in printing or mutilated, before delivery to, and ballots spoiled and returned by electors ; the box for the stubs of voted and spoiled ballots, the sealed packages of official ballots, sample ballots and instruction cards and distance markers, poll books, tally-sheets, return sheets and other stationery required to be delivered to them for such election ; and if it be an election at which registered electors only can vote, the register of such electors required to be made and kept therefor. The inspectors shall thereupon open the sealed packages of instruction cards and cause them to be posted conspicuously, at least one, and if printed in different lan- guages, at least one of eacli language, in each of the voting booths of such polling place, and at least three of each language in which 112 The Election Law of 1896. they are printed in or about the polling place ; shall open the sealed packages of official ballots and sample ballots, and place them in charge of the ballot clerks, and shall place the poll books in charge of the poll clerks, and shall cause 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 election- eering " within such distance. They shall also, before any ballots are cast, see that the voting booths are supplied with pencils hav- ing black lead only, unlock the ballot boxes, see that they are empty, allow the watchers present to examine them, and shall lock them up again while empty in such manner that the watchers present and persons just outside the guard-rail can see that such boxes are empty w.hen they are relocked. After such boxes are so relocked they shall not be unlocked or opened until the closing of the polls of such election, and, except as authorized by law, no ballots or other matter shall be placed in them after they are so relocked and before the announcement of the result of such canvass and the signing of the original state- ment of canvass and the two certified copies thereof. The in- struction cards and distance markers posted as provided by law shall not be taken down, torn nor defaced during such election. The ballot clerks, with the official and sample ballots; the in- spectors, with such boxes and register of electors, and the poll clerks, with their poll books, shall be stationed as near each other as practicable within such inclosed space. One of the inspectors shall then make proclamation that the polls of the election are open, and of the time o'clock in the afternoon when the polls will be closed. [For Form of Proclamation, see Forms at end of article.] MISCELLANEOUS PROVISIONS RELATING TO OPENING OF POLLS. Election officers to take additional oath before opening of polls. {See subd. 2, § 104, Election Law, and Form for Additional Oath, at end of this article. ) Time of opening and closing polls. — Unless otherwise provided by law, the polls shall open at six o'clock in the forenoon and shall close at five o'clock in the afternoon. There shall be no adjournment or intermis- sion until the polls are closed. (See § 3. Election Law.) Meeting of inspectors and poll clerks before opening of polls when voting machines are used. — " The inspectors and poll clerks shall meet Conduct of Election and Canvass of Votes. 113 at their respective polling places in each district at least three quarters of an hour before the time set for the opening of the polls." {See § 173, Election Law. ) Removal, mutilation or destruction of election supplies, poll-lists or cards of instruction. {See § 41^, Fcnal Code, post.) § 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 authorized watchers, persons admitted by the inspectors to preserve order or enforce the law, persons duly admitted for the purpose of voting; provided, however, that candidates for public office voted for at such polling place may be present at the canvass of the votes. Unlawful presence within guard-rail. {See § 41/fe, subd. 6, Penal Code, post.) § 102. Watchers; challengers; electioneering. — Each political party or independent body duly filing certificates of nomination of candidates for offices to be filled at any such election, may, by a writing signed by the duly authorized county, city, town, or vil- lage committee of such political party or independent body, or by the chairman or secretary thereof charged with that duty and de- livered 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 114 The Election Law of 1896. are open at any polling place, do any electioneering within such polling place, or within one hundred feet therefrom, in any public street, or in any building or room or in a public manner, and no political banner, poster or placard shall be allowed in or upon such polling place during any day of registration or of the election. [For Form of Appointment of Watchers, see Forms at end of article.] Unlawful electioneering, displaying of political posters, etc., at polling places. (See § 41k, subd. 4, Penal Code, post.) Misconduct of watchers. {See § 411, Penal Code, post.) § 103. General duties of election officers. — Subdivision i. 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 reg- istered, the other inspectors shall before any ballots are delivered by the ballot clerks to an elector, ascertain whether he is duly registered. The ballot clerks shall not deliver any ballot to such elector until the inspectors announce that he is so registered. 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 number 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 determination 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 ques- tion, the ballots shall be delivered to the electors in such order that the numbers upon the stubs of both ballots so delivered shall be Conduct of Election and Canvass of Votes. 115 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 re- turn the spoiled set to the ballot clerks before new ballots are furnished to him. 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 bal- lots, and the stubs in the box for detached stubs, and a memoran- dum shall be made by the ballot clerks of the number on such ballots and the fact that the set was not delivered to electors be- cause defective in printing or mutilated. The ballot clerks shall, upon the delivery of official ballots to each elector, announce the elector's name and the number printed on the stub of each ballot so delivered. Upon the return of a ballot or set of ballots to them unvoted by any elector, they shall 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 such stubs in the box for detached stubs, and such ballots in the box for spoiled and mutilated bal- lots. A memorandum shall be made bv them of the number on such IT ballots, and of the fact that they were returned spoiled by electors. They shall immediately upon the closing of the polls take from the box containing them the spoiled and mutilated ballots, and after comparing the number thereof with the record of the same, made during the day, shall destroy them ; and shall thereupon prepare and sign a written statement or return of ballots in the form pro- vided for in section eighty-four of the election law. The original statement so made by them shall be attached to the original state- ment of the canvass made by the board of inspectors and a copy thereof to each copy of such original statement of canvass. They shall inclose all unused ballots, and all detached stubs, in a sealed package, and deliver the same to the chairman of the board of in- spectors. [For Form for Ballot Clerks' Return, see § 84, Election Law] Subdivision 3. Each poll clerk at each polling place for which official ballots are required to be provided, shall have a poll-book ii6 The Election Law of 1896. 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," " Resi- dence of electors," " Number on ballots delivered to electors," " Number on ballots voted," and " Remarks," Upon each delivery of an official ballot or set of official ballots by the ballot clerks to an elector, each poll clerk shall enter upon his poll- book in the appropriate 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 description of the locality thereof, the printed number upon the stub of the ballots delivered to such elector, and the number on the ballots voted by him. If the ballot or set of ballots de- livered to any elector shall be returned by him to the ballot clerk, and he shall obtain a new ballot or set of ballots, the poll clerks shall write opposite his name on the poll books, in the proper col- umn, 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 ballot or set of ballots which he intends to vote to the inspector, each poll clerk shall report to the inspectors whether the number en- tered on the poll book kept by him as the number on the ballot or set of ballots last delivered to such elector, is the same as the num- ber 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 hundred and ten of the election law, make and complete the tally sheets of the votes in the form provided by section eighty-four of the election law. Conduct of Election and Canvass of Votes. 117 pbnaii pbovisions relating to elections. MisdemeanorB in relation to elections. — Certain acts of election offi- cers a misdemeanor. (See §§, 41 41k, Penal Code, post.) Misconduct of election officers and watchers. {See subd. 4, § 41, Penal Code, post.) Violation of election law by public officer. {See § 41;, Penal Code, post.) Conspiring to promote or prevent election of persons. {See § 41M, Penal Code, post.) Inspectors of election have equal power one with another. {People v. Van Slyck, 4 Cow. 297.) Inspectors of election are merely ministerial officers. {People v. Pease, 27 N. Y. 45; Goetcheus v. Matthewson, 61 id. 420; People ex rel. Stapleton v. Bell, 119 id. 175; People ex rel. Sherwood v. Board. 129 id. 372; Matter of Hamilton, 80 Hun, 511 ; People v. Van Slyck, 4 Cow. 297.) § 104. Delivery of ballots to electors. — Subdivision i. While the polls of the election are open, the electors entitled to vote and who have not previously voted thereat, may enter within the guard-rail at the polling place of such election for the purpose of voting, in such order that there shall not at any time be within such guard-rail more than twice as many electors as there are vot- ing booths thereat, in addition to the persons lawfully within such guard-rail for other purposes than voting. The electors shall en- ter 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 de- scription of the locality thereof, and if required by the inspectors shall state whether he is over or under twenty-one years of age. One of the inspectors shall thereupon announce the name and residence of the elector in a loud and distinct tone of voice. No person shall be allowed to vote in any election district at any elec- tion 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 official ballot or a set of official ballots, folded by such ballot clerk in the proper manner for voting, which is : First, by bringing the ii8 The Election Law of 1896. bottom of the ballot up to the perforated line, and second by fold- ing 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 re- moving any other part of the ballot, and without exposing any part of the face of the ballot below the stub, and so that when folded the ballot shall not be more than four inches wide. No per- son 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. Delivery of ballots to voter by persons not ballot clerks, a misde- meanor. {See subd. 14, § 41^, Penal Code, post.) Subdivision 2. Any elector who shall, at the time of registra- tion, have made oath of physical disability or illiteracy, as pre- scribed by the third subdivision of section thirty-four of the elec- tion 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 elec- tion, 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 crip- pled that he cannot enter the voting booth and prepare his ballot without assistance ; or any elector in an election district 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 descn'oed in the third subdivision of section thirty-four of the elec- tion law, and who shall make the statement 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 pre- paring 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 Conduct of Election and Canvass of Votes. 119 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 particular candidate, and shall not keep or make any memoranda 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 proceeding 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 induce any elector to vote any particular ticket or for any particular 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 in- directly, reveal to any person the name of any candidate voted for by any elector or which ticket he has voted, or anything occur- ring within the polling 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 violation 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 preparation of his ballot, or divulge to any- one within the polling place the name of any candidate for whom he intends to vote or has voted. [For Forms for Oaths of Electors and Report of Inspectors as to Assisted Electors, see Forms at end of article.] Inducing elector to vote particular ballot and revealing vote, a mis- demeanor. (See subd. 9, § 41^, Penal Code, post.) Elector taking oath entitled to assistance. — " A voter taking the physical disability oath is entitled to the assistance provided." (Opinion Attorney-General. ) Inspectors not judges of kind or extent of disability. — " The in- spectors of election do not seem to be made, in any way by this statute, the judges of the kind or extent of the ' physical disability ' with which the voter is inflicted. " The voter himself must, however, declare, under oath, that by reason I20 The Election Law of 1896. thereof ' he is unable to prepare his ballot without assistance.' This is quite analogous to the requirements of the general election laws of the state, that the voter when challenged may take the ' general oath,' and if he persists in his claim to vote, the court of appeals has held that it is imperative on the inspectors to receive the vote and deposit the same in the ballot box. {See People v. Pease, 27 N. Y. 53; Goetcheus v. Matthew- son et al., 61 id. 420.) " The statutory provision cited is a new one, but the question suggested is one frequently asked and will necessarily arise before the inspectors of election on election day, and while the construction above indicated may not be entirely free from doubt, yet after the best consideration which I have been able to give the matter I am of the opinion that the statute will be complied with, if the voter so insists, by taking the oath provided. " The voter must, however, see to it that this declaration is not false, in fact, for if it is he is liable to be prosecuted for perjury ; and while we may admit that the inspectors would have no right to inquire into the truth or falsity of the voter's declaration, no such objection exists to the qualifica- tions or authority of a grand jury to make this inquiry." {Opinions At- torney-General.) § 105. Preparation of ballots by elector*. — On receiving his ballot the elector shall forthwith and without leaving the inclosed space, retire alone unless he be one that is entitled to assistance in the preparation of his ballot, to one of the voting booths, and without undue delay, unfold and mark his ballot as hereafter pre- scribed. 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 office, 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 obta'm others, one set at a time, not exceeding in all three sets, upon returning each set of ballots so defaced or wrongly marked Conduct of Election and Canvass of Votes. i2i to the ballot clerks. The elector should observe the following rules in marking his ballot : Rule I. 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. 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 candidate for whom he desires to vote on whatever ticket he may be. A voter of a split ticket must place his cross mark in the " voting space " before the name of his candidate. If he places the mark before the name but without the "voting space," the ballot is void. (PVells v. Collins, 19 App. Div. 437.) Rule 3. If the ticket marked in the circle for a straight ticket, does not contain the names of candidates for all offices for which the elector may vote, he may vote for candidates for such offices so omitted by making a cross X mark before the names of candi- dates for such offices on other tickets, or by writing the names, if they are not printed upon the ballot, in the blank column under the title of the office. Writing the names of candidates already printed upon the ballots in the blank space for the same office vitiates the ballot under the plain language of the statute. People ex rel. Feeny v. Bd. Canvassers, 156 N. Y. 39- 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 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 shaU 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. 122 The Election Law of 1896. 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 by chap. 335, L. 1898.) [For Illustration Showing how to Mark Tickets, see Forms at end of article.] Certain acts in connection with preparation of votes, a misdemeanor. (See%4\k, Penal Code, post.) Elector may vote for any person or make up a new ticket. — The ballot law was not intended to restrict the choice of the people. The voter may vote for any person for any office. He may make up an entire new ticket. (People ex rel. Bradley v. Shaw, 45 N. Y. St. Repr. 533.) Elector to comply with requirements. — The right to vote, secured to the citizen by the constitution, must be exercised in the manner and sub- ject to the rei?ulations lawfully prescribed by the legislature in respect to the time when and the method by which his will is expressed; and, in order to render his will and intention effectual at the election, he must comply with at least all the substantial requirements of the law. (People ex rel. Sherman v. Person, 45 N. Y. St. Repr. 528; People ex rel. Nichols V. Board of Canvassers, 129 N. Y. 395, 40i-) Writing name of candidate upon ballot. — The voter is warranted in writing upon an official ballot, from which the name of an office has been omitted by clerical mistake or otherwise, the name of the office and the person whom he desires to vote for as the incumbent thereof. (People ex rel. Goring v. President, 144 N. Y. 616.) Absence of the name of a candidate from an official ballot will not deprive the elector of voting for such candidate. (^People ex rel. Goring V. President, etc., 144 N. Y. 616; Montgomery v. O'Dell, 51 N. Y. St. Repr. 444.) § 106. Manner of voting. — When the ballot or ballots which an elector has received shall be prepared as provided in section one hundred and five of this act, he shall leave the voting booth with his ballot folded so as to conceal the face of the ballot, but show the indorsement and fac simile of the signature of the official on the back thereof, and, keeping the same so folded, shall proceed at once to the inspector in charge of the ballot box, and shall offer the same to such inspector. Such inspector shall announce the name of the elector and the printed number on the stub of the official ballot so delivered to him in a loud and distinct tone of voice. If such elector be entitled then and there to vote, and be not challenged, or if challenged, and the challenge be decided 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 Conduct of Election and Canvass of Votes. 123 number on the stub and the printed indorsement on the back, and if such printed number is the same as that entered on the poll- books as the number on the stub or stubs of the official ballot or set of ballots last delivered to him by the ballot clerks, such in- spector shall receive such ballot or ballots, and after removing the stub or stubs therefrom, in plain view of the elector, and with- out removing any other part of the ballot, or in any way exposing any part of the face thereof below the stub, shall deposit each ballot in the proper ballot box for the reception of voted ballots; and the stubs in the box for detached ballot stubs. Upon voting, the 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 in- dorsement shall be allowed to be deposited in the ballot box ex- cept as provided by sections eighty-nine and one hundred and seven of the election law, and none but ballots provided in ac- cordance 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 within the guard-rail until after he shall have delivered back all such ballots received by him either to the in- spectors or to the ballot clerks, and a violation of this provision is a misdemeanor. When a person shall have received an official ballot from the ballot clerks or inspectors, as hereinbefore pro- vided, 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 provided, he shall not be entitled to pass again within the guard-rail for the purpose of voting, or to receive any further ballots. An elector must vote all the ballots tliat he wishes and is able to vote at one time. — He cannot present himself more than once at the polls for the purpose of voting, and when he is reached in his turn he must once, and for all, exercise his right of suffrage at that election. (Simpson V. Brown, 18 N. Y. St. Repr. 781.) (This decision was based on the elec- tion laws for the city of New York in force in 1888, but the principle of law is applicable under the present general law.) § 107. When unofficial ballots may be voted. — If, for any cause, the official ballots shall not be provided as requi^'^d by law at any polling place, upon the opening of the polls for an election thereat, or if the supply of official ballots shall be exhausted be- fore the polls are closed, unofficial ballots, printed or written, made as nearly as practicable in the form of the official ballot, may be used. § 108. Challenge. — Subdivision i. 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 124 The Election Law of 1896. offering to vote, whom he shall know or suspect not to be duly qualified as an elector, and every person whose right to register as an elector was cnaiiengcd at ilic time of registration, providing such challenge has not previously been withdrawn, in the elec- tion districts within the metropolitan elections district whenever a person shall apply to the board of inspectors on election day to vote upon the name of a person whose right to register as an elector was challenged it shall be the duty of the chairman of the l>oard of inspectors or some member of such board to administer to such applicant the preliminary oath prescribed herein and to read to such applicant each question upon the copy of the chal- lenge affidavit signed at the time of registration by the person upon whose name the applicant desires to vote and the inspectors and watchers shall compare the answers given to such questions with the answers recorded thereto upon the copy of said challenge affidavit and shall carefully compare the description of the person challenged at the time of registration recorded upon the copy of the challenge affidavit with that of the applicant. If there shall be any material difference or conflict between the answers given by the applicant and the answers recorded upon the copy of the challenge affidavit to the questions p"inted thereon, or in the de- scription 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 fol- lowing preliminary oath: You do swear (or affirm) that you will fully and truly answer all such questions as shall be put to you touching your place of residence and qualification as an elector. 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 rejected. After receiving the answers of the persons so challenged, the board of inspectors shall point out to him the qualifications, if any, in respect to which he shall appear to them deficient. {Thus amended by chap. 544, L. 1901.) Conduct of Election and Canvass of Vote. 125 I For Form of Questions under Preliminary Oath, see Forms at end oi article.] Subdivision 2. General oath. — If the person so offering to vote, shall persist in his claim to vote, and the challenge be not with- drawn, one of the inspectors shall then administer to him the following general oath : *' You do swear (or affirm) that you are tiwenty-one years of age, that you have been a citizen of the United States for ninety days, and an inhabitant of this state for one year next preceding this election, and for the last four months a resident of this county, and for the last thirty days a resident of this election district, and that you have not voted at this election." If the person so offering to vote shall be challenged for causes stated in section two of article two of the constitution of this state, the following additional oath shall be administered by one of the inspectors: " You do swear (or afifirm) 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 influ- ence 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 tfie person so offering to vote shall be challenged on the ground of having been convicted of bribery or any infamous crime, the fol- lowing 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 anv person shall refuse to take either oath so tendered his vote shall be rejected, but if he shall take the oath or oaths tendered him, his vote shall be accepted. Powers of inspectors. — " Inspectors of election have no judicial pow- ers authorizing them to reject the vote of any person oflfering same who complies with the statutory tests." (Opinion Attorney-General.) Voters taking oath entitled to vote. — " Voters answering the ques- tions and taking the oath prescribed are entitled to vote." (Opinion At- torney-General. ) Voters must take oath. — " A person whose right to vote is challenged on election day must take the oath required by law, notwithstanding any oath he may have taken to procure the registration of his name." (Opin- ion Attorney-General.) Inspectors of election act only ministerially in receiving the votes of electors and cannot refuse to accept a vote of an elector who takes the required oaths. (People v. Pease, 27 N. Y. 45 ; Goetcheus v. Matthewson, 61 id. 420; People ex rel. Stapleton v. Bell, 119 id. 175; People ex rel. 126 The Election Law of 1896. Sherwood v. Board of Canvassers, 129 id. 372; Matter of Hamilton, 80 Hun, 511.) A deserter from the TJ. S. military service who has taken the pre- liminary oath upon being challenged cannot be deprived of his vote unless a duly authenticated record of his conviction of the offense is presented to the board. (Goetcheus v. Matthewson, 61 N. Y. 420.) One who offers his vote is legally presumed to be entitled to vote untij some facts appear which would raise a contrary presumption. But where it appears by prima facie evidence that a person has never been natural- ized, the burden of proving his citizenship is upon the voter. {People v. Pease, 27 N. Y. 45.) The decision by a majority of the board of inspectors in his favor is not essential to the reception of the vote of a challenged voter. {People ex rel. Stapleton v. Bell, 119 N. Y. 175.) Election officers are liable in damages for asking questions not tend- ing to test the qualifications to vote of a challenged voter and for reject- ing his vote upon his refusal to answer such questions. (Goetcheus v. Matthewson, 61 N. Y. 420.) Mandamus is proper to compel inspectors to take the vote of a challenged elector who has answered the proper questions and taken the required oaths. But mandamus will not be granted if it appear indis- putably upon the application that the elector is not a qualified voter. {People V. Pease, 27 N. Y. 45: Goetcheus v. Matthewson, 61 id. 420; People ex rel. Stapleton v. Bell, 119 id. 175; People ex rel. Sherwood v. Board of Canvassers, 129 id. 360.) The case of People ex rel. Lower v. Donovan (63 Hun, 512), holding that a mandamus issued upon election day compelling inspectors to accept a vote is void elsewhere than in the first judicial district, can be no longer applicable as the statute forbidding courts to sit upon election day has been repealed. {See § 108, Election Law.) Subdivision 3. Eecord of persons chalknged. — The inspectors of election shall keep a minute of their proceedings in respect to the challenging and administering oaths to persons offering to vote, in which shall be entered, by one of them, the name of every person who shall be challenged or take either of such oaths, specifying in each case whether the preliminary oath or the general oath, or both were taken. At the close of the election, the inspectors shall add to such minutes a certificate to the effect that the same are all such minutes as to all persons challenged at such election in such dis- trict. [For Form for Record of Challenges, see Forms at end of article.] § 109. Time allowed employes to vote. — Any person entitled to vote at a general election held within this state, shall on the daj Conduct of Election and Canvass of Votes, 127 of such election, be entitled to absent himself from any service or employment in which he is then engaged or employed, for a period of two hours, while the polls of such election are open. If such elector shall notify his employer before the day of such election of such intended absence, and if thereupon two successive hours for such absence shall be designated by the employer, and such ab- sence shall be during such designated hours, or if the employer upon the day of such notice, makes no designation, and such ab- sence 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 municipalities. Refusal to permit employes to attend elections, K misdemeanor. (See § 41/, Penal Code, post.) Intimidation of employe a misdemeanor, and if a corporation shall in addition forfeit its charter. {See § 41^, sxibd. 3, 'Penal Code, post.) § 110. Canvass of votes. — Subdivision i. Preparation for can- vass. — As soon as the polls of an election are closed, the inspectors of election thereat shall publicly canvass and ascertain the votes, and not adjourn or postpone the canvass until it shall be fully completed. Any election officer who shall sign any original state- ment of canvass, or certified copies thereof, at any place other than the polling place, or at any time other than immediately after the canvass is completed, and any election officer or person who shall take from the polling place any such statement before it shall have been signed as herein provided, is guilty of a felony, and shall be punished upon conviction thereof, by imprisonment in a state prison for not less than two or more than five years. The room in which such canvass is made shall be clearly lighted, and such canvass shall be made in plain view of the public. It shall not be lawful for any person or persons, during the canvass, to close or cause to be closed, tne 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 re- ception respectively of voted general ballots and question submit- ted 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 128 The Election Law of 1896. ballots cast upon any constitutional amendment or other proposi- tion or question. The board of inspectors 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 elec- tion, correcting any mistakes therein, and by counting the ballots found in tlie ballot boxes without unfolding them, except so far as to ascertain that each ballot is single, and by comparing the number of ballots found in each box with the number shown by the poll books and the ballot clerks' statement to have been de- posited 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, pub- licly draw out as many ballots as shall be equal to such excess and without unfolding tliem, forthwith destroy 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 properly indorsed, found in the wrong ballot box, shall be rejected, but shall be placed in its proper box by the inspectors upon the count of the ballots before the canvass, and counted in the same manner as if found in the proper ballot box, if such ballot shall not, together with the ballots found in the proper ballot box, make a total of more ballots than are shown by the poll books and ballot clerks' statement to have been deposited in the proper box. No ballot that has not the official indorsement shall be counted, except such as are voted in accordance with the provisions of the election law relating to un- official ballots. The chairman only of the board of inspectors shall unfold the ballots taken from the ballot box. (Thus amended by chap. 335, L. 1898.) The indorsement upon the official ballot is an essential part of the machinery of elections, by means of which the secrecy of voting is to be secured and enforced. Where ballots were cast containing an incorrect in- Conduct of Election and Canvass of Votes. 129 dorsement they were rejected lawfully. {People ex rel. Nichols v. Board of Canvassers, 129 N. Y. 401.) (It should be noted, however, that the ballots referred to in the above case were prepared under what was known as the Ballot Reform Law, which provided that each political party should have a separate ballot for its own use, and, therefore, if the indorsement upon the back of one set of ballots was different from the indorsement upon the others, the ballot would reveal, when voted, how, or for whom, the elector cast his ballot. In the present law where there is but one ballot for all parties, is the in- dorsement necessarily of so great importance?) A proper and legal indorsement is one of the essential features of an official ballot and a ballot not legally indorsed cannot be received or counted. {People ex rel. Sherman v. Person, 45 N. Y. St. Repr. 528.) Subdivision 2. Intent of electors. — Rule No. i. If the elector shall have made a voting mark in the circle above one ticket only, and no other voting mark appears on other ticket or tickets, and if no name shall have been written in the blank column, he shall be deemed to have cast his vote for all the candidates on the ticket so marked in the circle. Cross mark in more than one voting circle at head of ticket should be counted for a candidate for same office named on the different tickets marked in the circle. (People ex rel. Feeney v. Board Canvassers, 156 N. Y. 39) 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. Voting marks before the name of same candidate for same office in two different columns to be regarded merely as surplusage and ballot rot rendered thereby as a marked ballot. {People ex rel. Feeney v. Board Canvassers, 156 N. Y. 39.) Rule No. 3. If the elector shall have made a voting mark in the circle above one ticket only, and shall have also made a voting mark in the voting space or 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 130 The Election Law of 1896. 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 otlier 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 : Cross marks before name of opposing candidate for same single office do not wholly invalidate the ballot only the particular office affected by such marks. (People ex rcl. Fecney v. Board Canvassers, 156 N. Y. 39. > Rule No. 4. When two or more persons are to be voted for ior Ihe same office, as two or more justices of the supreme court Oi presidential electors, and the names of the several candidates therefor are printed under the title of the office for which all are running, and the elector shall have made a voting mark in the cir cle at the head of a ticket, and shall also have made a voting mark in the voting space before the name of one or more of a group o:': candidates for such office on other tickets, providing that he sha?* not have marked the names oi two or more of such candidatec tipon the same line upon the ballot, he shall be deemed to have cast his vote for all the -andidates 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 he names of the candidates so individually marked, or written in the blank column, unless in addition to •Tiaking 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 foi M^hom he desires to vote on the ticket so marked in the circle; provided, further, however, that: Cross marks opposite names of two candidates for same office C •: different columns 'cut not on same horizontal line do not vitiate bai !ot The elector shoulc be regarded as having exercised his right to selec!: which one of the twc candidates in the different columns he cast his voi for. {People ex rel. Feeney v. Board Canvassers, 156 N. Y. 39.) Rule No. 5. When two or more persons are to be voted for for the same office, as twc or more justices of the supreme court or presidential electors, and the names of the several candidates "herefor are printed or any ticket under the title of the office for which all are running, and the electors shall have made a voting Conduct of Election and Canvass of Votes. ijt mark in the circle at the head of the ticket, and shall also have made a voting mark in the voting space before the name of more than one of the group of candidates for such office printed on the same line on the ballot on other tickets, or by writing the name or names of a candidate or candidates in the blank column, he must also indicate by voting marks in the voting spaces on the ticket so marked in the circle the individual candidates of the group of can- didates on such ticket for whom he desires to vote, or his vote shall only be counted for the candidates for such office which are so individually marked on other tickets, or written in the blank column. Attempting to vote for three candidates for same office by placing voting marks opposite their names when only two candi- dates are to be elected does not wholly destroy the ballot or require .he inspector to throw it out, but only to exclude the vote as to the particruar office affected, it being impossible to determine the elector's choice foi the office. (People ex rel. Feeney v. Board Canvassers, 156 N. Y. 39.) Rule No. 6. If the elecor shall have made a voting mark in aiore than one circle at the head of the tickets, and if on either at such tickets there shall be one or more candidates for office for which no other candidate or candidates is or are named on sucli other ticket or tickets so marked in the circle his vote shall be counted for such candidate or candidates. Rule No. 7. Subject to the foregoing rules if the elector marks more names than there are persons to be elected to an office, or if for any other reason, it is impossible to determine the elector's choice of a candidate for an office to be filled, his vote shall not be counted for such office but shall be returned as a blank vote tor 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 vot- ing mark in the voting space following the printed word " No '* his vote shall be deemed to be against the adoption of the question submitted. ^ Rule No. 9. A void ballot is a ballot upon which there shall be found any mark other than a single cross X mark made for the Durpose ot voting, which voting mark must be made with a pencil 132 The Election Law of 1896. having black lead, only in the circles, or in the voting spaces to the left of the names of candidates ; or one upon which anything is written other than the name or names of persons not printed upon the ballot, for whom the elector desires to vote, which must be written in the blank column under the proper title of the office with a pencil having black lead; or one which is defaced or torn by the elector; or upon which there shall be found any erasure of any printed device, figure, letter or word, or of any name or mark written thereon, or upon a separate piece of paper or other material enclosed in such ballot by such elector, and upon such ballot no vote for any candidate thereon shall be counted. (Thus amended by chap. 654, L, 1901.) Void ballots — ballots ont conforming to the provisions of a statute intended for the purpose of securing secrecy, and which reveal the con- tents or render them capable of subsequent identification, are void by force of prohibition in the statute against revealing and counting them. (Com- monwealth V. JVoelper. 3 S. & R. 29; IVcst v. Ross, 55 Mo. 350; Oglesby V. Sigman. 56 Miss. 502; State v. McKinnon, 8 Oreg. 493; Reynolds v. Snow. 67 Cal. 497; Talcott v. Philbrick, 59 Conn. 472; Fields v. Osborne, 21 Atl. Rep. 1070; In re Vote Marks, id. 962; Ledbettcr v. Hall, 62 Mo. 422; Perkins v. Carraway, 59 Miss. 222; Steele v. Calhoun, 61 id. 556.) Mutilated ballot. Where two ballots were discovered to be mutilated by having torn from the bottom thereof stubs containing the names of certain of the candidates, and the stubs so torn oflf were found deposited among the stubs in the box for detached stubs, the court, assuming that the mutilation was due to the inadvertent act of the inspectors, held that the mutilated ballots should be counted. {Thacher v. Lent, 71 App. Div. 483; 75 N. Y. Supp. 732.) Marks in voting place made as if by some sharp instrument, other than a pencil, render ballot void and should not be counted. {People ex rel. Fecncy v. Bd. Canvassers, 156 N. Y. 39.) . . Cross marks in voting space before word " No nomination are marks other than to be used by elector for voting and render ballot con- taining such marks void. {People ex rel. Feeney v. Bd. Canvassers, 156 N. Y. 39.) Writing the name of candidate for office already printed in the blank column for the same office vitiates the ballot under the plain language of the statute. (People ex rel. Feeney v. Bd. Canvassers, 156 N. Y. 39.) Erasures, cancellations, etc., invalidate ballots. — Marks apparently made by voter in attempting to correct his errors, such as after making the cross mark in the circle or in the voting space endeavoring to erase them with a rubber or some sharp instrument or in other cases by strikirig the pencil through the marks so as to erase them, render the ballot invalid and no vote therein can be lawfully counted. {People ex rel. Feeney v. Bd. Canvassers, 156 N. Y. 39.) A ballot furnished by the state is not a marked ballot within the law. because of any irregularity in making it up or printing it. {People ex rel. Ilirsh v. Wood, 148 N. Y. 142; 14 Misc. Rep. 377.) If an elector in voting a split ticket does not place his mark in the voting space and opposite the name of the candidate voted for, according to the strict letter of the election code, his ballot cannot be counted. {People ex rel. Wells v. Collin, 19 App. Div. 457; 46 N. Y. Supp. 701 ; Peo- Conduct of Election and Canvass of Votes. 133 pie ex rel. Nichols v. County Canvassers of Onondaga, 129 N. Y. 395; People ex rel. Onondaga Sai'ings Bk. v. Butler, 147 N. Y. 164.) A voter of a split ticket must place his "cross (X) mark" in the "voting space" before the name of his candidate. If he places the mark before the name but without the " voting space" the ballot is void. {IVells V. Collin, 19 App. Div. 457.) A ballot on which the cross mark is not placed in the " voting space " is not entitled to be counted. (People v. Common Council of the City of Elmira, 19 App. Div. 457.) A ballot containing in a circle at the head of one column a num- ber of criss cross pencil marks, consisting of three perpendicular lines and three or four horizontal lines crossing the perpendicular lines is void un- der the provisions of this section providing that "a void ballot is a ballot upon which there shall be found any mark other than a single (X) mark made for the purpose of voting," etc. {Thacher v. Lent, 71 App. Div. 483; 75 N. Y. Supp. 722.) Subdivision 3. Method of counting. — The method of counting shall be as follows : The straight ballots, that is, the ballots on which all the candidates on one party ticket and no others are voted for shall be separated from the split ballots and counted, and the number of straight party votes for each candidate shall be entered in gross opposite his name on each tally sheet by the poll clerk keeping the same. The chairman of the board shall then take the split ballots separately, and announce the vote for each candidate on each such ballot, in the order of the 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 inspect- ors 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 w^ere counted for any candidate for such office, and shall enter the sum thereof in the proper column on the tally sheet. As soon as the count is completed for each office, the poll cleHcs shall submit the re- sult to the inspectors for examination, and if found to be correct, tiie chairman 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, de- clare his belief that any particular ballot has been written upon or marked in any way for the purpose of identification, the inspectors shall write on the back of such ballot the words " objected to be- cause marked for identification," and shall specify over their sig- natures upon the back thereof the mark or marking upon such ballot to which objection is made. The votes upon each such bal- lot shall be counted by them, as if not so objected to. If requested by any watcher the inspectors shall, during the canvass, exhibit any and all ballots cast at such election or town meeting to such 134 The Election Law of 1896. watcher, fully opened, and in such a condition that he may fully and carefully read and examine the same, but such inspector shall not allow any such ballot to be taken from his hand. Any person who shall place upon any ballot taken from the ballot box any mark or marking, or who shall tear or deface such ballot with the intent of causing such ballot to be rejected as void, shall be guilty of a felony, and shall be punished upon conviction therefor by imprisonment in a state prison for a period not less than five nor more than ten years. In cities of the first class the chairman of the board of inspectors shall, forthwith upon the completion of the count of votes, and the announcement thereof, deliver to the police officer on duty at such place of canvass a statement sub- scribed by the board of inspectors, stating the number of votes received by each candidate for office. Such statement shall forth- with be conveyed by the said officer to the station-house of the police precinct in which such place of canvass is located, and he shall deliver the same inviolate to the officer in command thereof, who shall immediately transmit by telegraph, telephone or mes- senger, the contents of such statement to the officer commanding the police department of such city. Such statement shall be pre- served 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.) Ballots incorrectly numbered are " marked ballots " within the statute, and should not be received by the board of inspectors. But once received and placed in the box, with the stubs containing the numbers torn off, they should be counted. (People ex rel. Bradshaw v. Bidelman, 69 Hun, 596.) Secrecy is the idea at the foundation of the ballot law, and any con- struction which would permit the ballots to be counted that would reveal the way the voter using them voted should be avoided as contrary to the true policy and intent of the law. (People ex rel. Nichols v. Board of Can- vassers, 129 N. Y. 401.) Ballots wrong as to form in that they contain more candidates for a certain office than there are persons to be elected to such office, shall be regarded and treated as valid, although unofficial ballots. But votes cast by the use of such ballots for more candidates than should be voted for cannot be counted, because they fail to express the elector's choice for the office, and if there is one ballot cast only containing the proper number of candidates for an office, such ballot shall be counted and the officers thereby voted for declared elected. (Montgomery v. O'Dell, 51 N. Y. St. Repr. 444.) Conduct of Election and Canvass of Votes. 135 The elegibility of a person voted for cannot be decided by in- specters of election; their duty is to count the votes cast for any and every person whose name appears upon a ballot printed and indorsed as the law directs. (People ex rel. Bradley v. Shaw, 45 N. Y. St. Repr. 533.) Prior to the legislation of 1890, ballots could be counted for candi- dates for whom they were cast, though they did not in all respects corre- spond with the direction of the statute, and after deposited in the box could not be rejected in any case by the canvassers if the intent of the voters was sufficiently expressed. (People ex rel. Nichols v. Board of Can- vassers, 129 N. Y. 401.) An imperfect cross mark in the circle at the head of the party column will not vitiate the vote. (People ex rel. Boutel v. Morgan, 20 App. Div. 48; 46 N. Y. Supp. 898.) Where a cross with no name after it is put in the blank column in- tended for persons not formally nominated, it cannot be accredited to the person whose name is in the next column on the left. (People ex rel. Bou- tel V. Morgan, 20 App. Div. 48; 46 N. Y. Supp. 898.) Power to reject votes. — The power given to canvassers to reject bal- lots is strongly condemned in People ex rel. Feeney v. Bd. of Canvassers, 23 App. Div. 201. No power to reject ballots marked for identification. — A canvassing board has no power to reject ballots which are marked for identification, and a mandamus will not lie to require them to do so. (In re Kline, 17 Misc. 672.) "When the objection to ballots as marked for identification is not raised during the canvass, a mandamus will not lie to compel the inspec- tors to reconvene and recount the ballots. The remedy left open is by quo warranto, or by the determination of the board to which an officer is declared elected by the canvass objected to. (People ex rel. Clark v. Barley, 16 Misc. Rep. 603.) Boards of inspectors of election have no power conferred upon them to correct frauds or rectify mistakes, except clerical ones. Their duty is simply to count the ballots actually in the box at the close of the polls. (People ex rel. Blodgctt v. Board, 44 N. Y. St. Repr. 738.) Inspectors are liable in damages for refusing to perform any of the acts required by the statute in relation to ballots objected to as marked for identification. (People ex rel. Hasbrouck v. Supervisors, 135 N. Y. 522.) A single inspector cannot indorse upon a ballot an objection raised subsequently to the canvass that it was marked for identification. (Peo- ple ex rel. Bush v. Board, 66 Hun, 265.) Where but one legal vote was cast for a candidate for an office re- quired by law to be filled at that election, such candidate was rightfully declared elected, though not regularly nominated, and his name not printed on the official ballot. (Montgomery v. O'Dell, 51 N. Y. St. Repr. 444.) The very purpose of voting is that the ballot may show the voter'« 136 The Election Law of 1896. choice, and when he names more than the limited number of candidates to be voted for, it is impossible to determine which of the number he pre- fers. (Montgomery v. O'Dcll, 51 N. Y. St. Repr. 444; People v. Loomis, 8 Wend. 396; People v. Seaman, 5 Den. 409; People v. Ames, 19 How. Pr. 551) Canvassers must reject and treat as void all ballots found in the box, prepared for and bearing the designation and number of another and a different polling place or election district than the one where the ballot was cast. (People ex rcl. Nichols v. Board of Canvassers, 129 N. Y. 395, 408.) Crossmarks in circle — An elector made a crossmark in each circle at the head of the democratic, republican and socialist-labor party, and also made a crossmark in the voting spaces before the names of candidates on both the democratic and republican tickets, but not on the socialist-labor ticket ; it was held that the crossmark in the circle at the head of the socialist-labor ticket made the ballot void. (Matter of Holmes, 30 Misc. 127: 61 N. Y. Supp. 775.) As to void marks in circle, see People ex rel. Obert v. Bourke. 30 Misc. 461 ; 63 N. Y. Supp. 906. §111. Original statement of canvass and certified copies. — Upon the completion of the canvass, the board of inspectors of election sliall make and sig;n an original statement thereof show- ing the kind of election, the date when held; the number of the election district ; the town or ward, and the city and country 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 pro- tested as " marked for identification," which ballots shall be indorsed by the inspectors " protested as marked for identi- fication," specifying the mark or marking to which objec- tion is macle over their signatures, and all of which shall be counted for the several candidates voted for thereon. The in- spectors 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 ballot so declared void by the inspectors shall be indorsed upon the back thereof with the specific reason for such rejection. Such void ballots shall, together with the ballots which were protested as being marked for identification be secured in a separate sealed package, which shall be indorsed on the outside thereof with the names of the inspectors, the designation of the election district, and the number and kinds of ballots contained therein. Such package shall be filed by the chairman of the board of inspectors with the original statement of the canvass. If bal- lots are voted on any constitutional amendment, proposition or question, a similar return of the ballots and votes cast thereon Conduct of Election and Canvass of Votes. 137 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 bottom of each sheet, or half sheet thereof, the inspectors shall make and sign a certifi- cate that the foregoing statement is correct. 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. Un- less such an election be an election of town, village or school of- ficers, held at a different time from a general election, such in- spectors shall forthwith and before adjourning and taking any re- cess make two certified copies of such original certified statement of the result of the canvass. Forthwith upon the completion of such original statement and of such certified copies thereof, and the proclamation of the result of the election as to each candidate, the ballots voted, except the void and protested ballots, shall be replaced in the box from which they were taken, together with a statement as to the number of such ballots so replaced. Each such box shall be securely locked and sealed, and shall be depos- ited 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 su- preme court or a justice thereof, or a county judge of such county, and at the expiration of such time the ballots may be disposed of in the discretion of the officer or board having charge of them. [For Form for Inspectors' Return and Statement of Canvass, see Forms at end of article.] False returns. — " An inspector or poll clerk of an election or town meeting, who intentionally makes, or attempts to make, a false canvass of the ballots cast thereat, or any false statement of the result of a canvass, though not signed by a majority of the inspectors, or any person who in- duces or attempts to induce any such inspector or clerk so to do, is guilty of a felony," (§ 4in, Penal Code.) An erasure or alteration visible upon the face of a statement of canvass will not create the presumption of fraud. Election returns are documents of a public nature, and in the absence of proof that they have been fraudulently tampered with will be received as evidence in courts of justice. (People ex rel. Stone v. Minck, 21 N. Y. 539.) 138 The Election Law of 1896. A new statement of canvass cannot be made by the inspectors aft^ the completion and filing of the original statement. Boards of inspectors cannot thus review their own acts. (People ex rel. Russell v. Board, 46 Hun, 390.) Where two inspectors signed the statement of canvass and two refused to sign, and the questions of fraud raised were never finally determined by legal proceedings, there was no election. {People ex rel Woods v. Crussey, 91 N. Y. 616.) Inspectors having made a canvass cannot be compelled or per- mitted to make a new one. (People ex rel. Fiske v. Devermann, 83 Hun, 81.) The signing of a statement in blank in advance of the canvass is wrong and irregular, but if, by the consent and action of the canvassers, the statement is filled up with the result agreed upon by all of their nunr- ber, the statement becomes effective. (People ex rel. Fiske v. Devermann, 83 Hun, 81.) If inspectors of election indorse on the return their reasons for not signing the some, they cannot be proceeded against to show cause why they did not do so. (In re Election of Alderman of First Ward of City of Buffalo, 49 N. Y. Supp. 241.) When inspectors of election have made and signed their statement they are discharged, and cannot afterwards indorse ballots and affix them to the statement. (Supm. Ct., Sp. T., 1896. Matter of Kline, 17 Misc. 672; 40 N. Y. Supp. 600; People ex rel. Bush v. County Canvassers of Ulster, 66 Hun, 265; People ex rel. Gaige v. Reardon, 40 Hun, 425.) Where the copy of the statements of inspectors of election certi- fies a different number of votes from that in the tally sheet, they must correct the same under the election law. (In re Stewart, 48 N. Y. Supp. 957.) Canvass at town election. — Mandamus will issue, in favor of any person aggrieved, against a board of canvassers at a town election, requir- ing such board to reconvene and publicly take from the ballot box ballots rejected as void, and endorse on each of such ballots the specific reason for its rejection, and then to place such ballots in a separate package, sealed and endorsed as required by the above section. (People ex rel. Maxim v. Ward, 62 App. Div. 531.) § 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 num- ber of votes given for each person, with the title of the office for which he was named on the ballot ; and the whole number of votes given respectively for and against each proposed constitutional amendment or other question or proposition if any, so submitted. The original statement of canvass and the certified copies thereof shall be securely and separately sealed with sealing wax in an en- velope properly indorsed on the outside thereof by the inspectors. Conduct of Election and Canvass of Votes. 139 and shall be kept inviolate by the officers or board with whom they are filed until delivered, together with the sealed packages of void and protested ballots, to the county or city board of canvassers. [For Form for Proclamation, see Forms at end of article.] § 113. Delivery and filing of papers relating to the election. — Subdivision i. If the election be other than an election of town, city, village or school officers, held at a different time from a gen- eral election, the chairman of the board of inspectors of each election district, except in the city of New York and in the county of Erie, shall forthwith upon the completion of such certified original statement of the result, deliver one certified copy thereof to the supervisor of the town in which the election, if outside of a city, is situated, and if in a city, to one of the 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 certi- fied copy shall be forthwith delivered to an assessor of such town or city. One certified copy of such original statement of the re- sult 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 the city clerk of such city, as the case may be. The original certified statement of the result of the canvass, with the original ballot return prepared by the ballot clerk, attached, the sealed package of void and protested ballots, the record as to challenged and assisted voters, and the sealed packages of de- tached 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, w^ith the county clerk of the county in which the election district is situ- ated. The register of electors and public copy thereof shall be filed as prescribed in section thirty-five of this act. (Thus amended by chaps. 165 a}id 643, L. 1905, in effect May 26, 1905.) Subdivision 2. In the city of New York the original statement of canvass and the sealed package of void and protested ballots shall be filed by the chairman of the board of inspectors within twenty-four hours after the completion of the canvass with the county clerk of the county within which the election district is located, together with one of the poll books and one of the tally sheets, properly certified by the poll clerks. One certified copy of such original statement, one poll book and one tally sheet shall be filed within such time with the board of elections and with the chief clerk of the branch office of the board of elections, as the case may be, in the borovigh within which the election district is located by an inspector designated by the board of inspectors for I40 The Election Law of 1896. that duty, and the other certified copy of such original statement with the city clerk, by an inspector designated by the board of inspectors for that duty. In election districts in the city of New York, the boards of inspectors of election must, at the same time they make and sign the aforesaid original statement and certified copies thereof, make a certified copy of so much thereof as re- lates to any candidate for member of assembly, senator or repre- sentative in congress, voted for in said election district, and also in any part of any county not within the city of New York, and such certified copy must, within twenty-four hours after the com- pletion of the canvass by the inspectors, be filed by the chairman of the board of inspectors, with the clerk of the county outside of the city of New York of which such officers or any of them are voted for at such election. The sealed packages or detached stubs, and ballots not used at the election shall, in the city of New York, be given by the inspectors to the police who shall return them to the bureau of elections of the borough within which the election district is located. All such packages of detached stubs and unused ballots shall be preserved inviolate in the ofiice in which they are filed, for a period of six months from the time of filing thereof, and may be opened and examined upon the order of the supreme court or a justice thereof, or a county judge within such county, or by a committee of the legislature, and at the expiration of such time may be disposed of in the discretion of the officer or board having custody 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 office of the state superintendent of elections for the metropolitan elections dis- trict. (Added by chap. 630, L. 1899.) Subdivision 4. In the county of Erie one certified copy of the statement of canvass and one tally sheet shall be filed forthwith by one inspector deputed for that purpose, with the clerk of the town or the clerk of the city of Buffalo, or the clerk of the city of Tonawanda, as the case may be, and one certified copy with the clerk of the county of Erie. The original statement of the result of the canvass, together with one tally sheet, the package of void and protested ballots and any and all other packages required by law to be filed by a board of election inspectors, not herein other- Conduct of Election and Canvass of Votes. 141 wise specified, shall, within twenty-four hours after the comple- tion of such canvass, be filed by the chairman of each board of inspectors with the commissioner of elections. All poll lists for the various election districts in the city of Buffalo shall be filed with the commissioner of elections and those for the city of Tonawanda with the clerk of such city, and those for the towns in Erie county with the town clerks thereof. {Added by chap. 643, L. 1905, in effect May 26, 1905.) Mandamus will lie to compel inspectors of election to perform their official duties in relation to the making and filing of true copies of the original statement of canvass. Where one such copy is incorrect, the in- spectors may be compelled to file a correct one. (Gleason v. BlanCj 14 Misc. 620. See § 113, Election Law.) § 114, Judicial investigation of ballots. — If any certified orig- inal 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 requiring 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 same manner be issued to determine whether any ballot and the votes thereon which has been rejected by the inspectors as void, shall be counted. If in the proceedings upon such writ the court shall determine that the votes upon any such ballot rejected as void shall be counted, the court shall order such ballot and the votes thereon to be counted upon a recount of such votes. Boards of inspectors of election districts, and boards of canvassers, shall continue in office for the purpose of such proceedings. An alternative writ of mandamus should be procured so that dis- puted facts can be settled before the peremptory writ issues. (People ex rel. Hasbrouck v. Supervisors, 135 N. Y. 522.) A writ of peremptory mandamus is proper to compel votes for an office omitted to be named upon an official ballot to be counted when writ- ten upon the ballot. {People ex rel. Goring v. President. 144 N. Y. 616.) The courts must determine in the mandamus proceeding whether, under the circumstances of the particular case, there has been such a sub- stantial compliance with the statute a« will enable the c.indidate com- plaining of marked ballots to maintain the proceeding. Inspectors cannot 142 The Election Law of 1896. defeat the mandamus proceeding by failing to write their names on the ballots or to make the required statement. (People ex rel. HasbroucTt v. Supervisors, 135 N. Y. 522.) An election will not be nullified in toto by the casting and counting of marked ballots. Such ballot will be thrown out as void, but will not operate to render void the ballots that were regular and in accordance with the provisions of the statute. {People ex rel. Bradshaw v. Bidelman, 69 Hun, 596.) A statement of canvass or certificate of election is only prima fade evidence of the title of the persons therein declared elected to the offices therein mentioned. In all cases where the proceeding is by quo war- ranto or in an action of that nature, it is held that such proceeding is in- stituted to try the right to the office directly, and it is competent to go be- hind the certificate or statement, which would otherwise be conclusive, to ascertain the real facts of the case. (People v. Pease, 27 N. Y. 45; People V. Seaman, 5 Den. 409; People v. Ferguson, 8 Cow. 102; People v. Van Slyck, 4 id. 297; People v. Vail, 20 Wend. 12.) The intent of th.e voter will be effectuated as far as possible by the court's ruling as to the counting or discarding of votes. (^People ex rel. Nichols v. Board of Canvassers, 129 N. Y. 401.) TJnlesB objection Is made during the canvass to a ballot as marked for identification the inspectors are not required to so indorse it nor return it with their statement of canvass. A peremptory writ of mandamus will not issue compelling the board to so indorse the ballot upon an objection made subsequent to the canvass, but an alternative writ will issue in order that the fact of the validity of the ballot may be tried. (People ex rel. Bush V. Board, 66 Hun, 265.) That an objection to a ballot was not raised during the canvass of the votes will not preclude the court from subsequently considering such objection. (People ex rel. Hasbrouck v. Supervisors, 135 N. Y. 522.) Every inspector must sign the certificate containing a statement of canvass required by law. He cannot refuse to do so on the ground that he knows or believes that votes were cast by persons who had no right to cast them. If such persons have taken the required oaths the inspectors must receive the votes, and a mandamus will issue compelling them to sign the returns. (People ex rel. Stapleton v. Bell, 119 N. Y. 17s.) Whether a ballot is or is not a marked ballot is an open question to be determined as an issue of fact by the court. (People ex rel. Hasbrouck v. Supervisors, I35 N. Y. 522.) Inspectors must count all ballots whether objected to or not, and in a proceeding to obtain a writ of mandamus compelling them so to do, the question as to whether the ballots were marked for identification cannot be raised. (People ex rel. Bradley v. Shaw, 133 N. Y. 493.) There is nothing for the inspectors to do except to count the bal- lots in the box. They are prohibited from receiving any having any mark Conduct of Election and Canvass of Votes. 143 00 the outside or not properly indorsed, and if anything appears on the in- side of the ballot not authorized by law they must preserve such ballot; then those interested have ample opportunity to deliberately investigate the matter, and after such investigation, if they think proper, present it to the court for its determination. {People ex rel. Bradley v. Shaw, 45 N. Y. St. Repr. 533.) Where inspectors have canvassed the votes, and fraud or mistake other than clerical is afterwards shown, the remedy is not by mandamus to compel them to recount the votes, but by quo warranto after certifi- cates of election have been granted to the candidates declared elected. (People ex rel. Gaige v. Reardon, 49 Hun, 425, overruling People v. Board, 64 How. 201.) The remedy for frauds and mistakes other than clerical is by proper proceedings in court or before the board or body, to membership in which the person aggrieved is a candidate, where that board or body has the power conferred upon it to determine the qualifications and election of its own members. Mandamus is not such a proper proceeding in court. {People ex rel. Blodgett v. Board, 44 N. Y. St. Repr. 738.) An irregularity on the part of the inspectors in not complying with the law in making and filing their returns cannot be availed of by one who does not show himself to have been injured thereby. {People ex rel. Hatzel V. Board, 58 How. 141.) A county court has no power to order a recount of ballots, nor power to appoint a referee to supervise the recount and to decide as to the validity of ballots. {Matter of Tompkins. 23 App. Div. 224.) Where the returns do not agree with the tally sheet the courts can require by mandamus that the inspectors be summoned before the board of county canvassers and be compelled to amend their returns by insert- ing in them the results as shown by the tally sheets. {Matter of Stewart, 24 App. Div. 117.) A peremptory mandamus will not be granted where a material issue is raised. {In re Kline, 17 Misc. 672.) A mandamus will not be granted to compel a board of canvassers to reconvene and recount the ballots cast at an election, and allow cer- tain ballots rejected by them, where it appears that such ballots were not objected to or marked by the inspectors for identification, or attached to the statement of canvass. {People ex rel. Clark v. Earley. 16 Misc. 603.) Certiorari does not lie to review the acts of an election board in receiv- ing votes, and announcing the result as they are not judicial in character. {People v. Austin, 46 N. Y. Supo. 526.) The alternative writ of mandamus delegates to the board of in« •pectors the whole matter of recanvassing the ballots, with no specific directions as to how such recanvass is to be conducted, beyond the direc- tion that they are to follow the language of the statute. {People ex rel. Phillips v. Sutherland, g App. Div. 313.) , A ballot box will not be opened by order of the court except for 144 The Election Law of 1896. the purpose of aiding a criminal prosecution, or in a civil action or pro- ceeding, where the court may make a decision that will bind the rights of the parties and the public. {Supm. Ct., Sp. T., 1896. Matter of Elec- tion of Member of Assembly for First District, Erie County, 18 Misc. 391.) A candidate will not be allowed to inspect split ballots on plea that such ballots cast for his opponent had been credited to himself, and that those cast for him had been counted to another. C-^Z?.) A peremptory writ of mandamus can be granted to compel a recount of baljots cast at a general election, rejected as void, and protested as marked for identification, where the opposing affidavits allege that the packages containing such ballots were found in the county clerk's office in a place to which all persons had an easy access; that none of such pack- ages were indorsed, that some of them were sealed and others unsealed; that many ballots were not indorsed as required by the Election Law ; and that many of them had actually been counted for the petitioner. {People ex rcl. Perry v. Board of Canvassers, 88 App. Div. 185, 84 N. Y. Supp. 406. Mandamus to compel recount and recanvass. — Where it appears that the vote at a town election was not counted or returned as provided in section 1 10 of the Election Law, the court may, in its discretion, order that a pe- remptory writ of mandamus issue directing a recount and recanvass of the vote. As a general rule mere irregularities in the mode of canvassing a vote and making a return thereof will not vitiate; and if such irregulari- ties are the result of ignorance or inadvertence and do not affect the re- sult, the court may refuse to take action. But until the inspectors and poll clerks have canvassed the vote in the manner provided by statute, they have not performed their duty as ministerial officers, and the court may compel by mandamus a recount and recanvass. The provisions of the above section authorizing proceedings by mandamus do not divest the court of its common-law jurisdiction to issue a writ of mandamus com- manding inspectors of election to convene and perform their duties as prescribed by statute. {People ex rel. Brink v. Way, 92 App. Div. 82,. 86 N. Y. Supp. 892.) A private citizen and voter has no right, after a correct canvass of the votes cast at an election has been made, to compel a recanvass upon the sole ground that the canvass already made was not made by the officers authorized by law tb make it. {Matter of ScoHeld v. Board of Aldermen, 102 App. Div. 358.) Conduct of Elections and Canvass of Votes — Forms, jap FORMS FOR ELECTION LAW, ARTICLE 5. FORM No. 33. (See § 104, subd. 2, Election Law.) Oath to be taken by election officers before opening of the polls. (Sec § 108, page 128.) STATE OF NEW YORK, County of , I do solemnly swear (or affirm) that I will not in any manner request or seek to persuade, or induce any voter to vote any particular ticket or for any particular candidate, and that I will not keep or make any memoranda or entry of anything occurring within a voting booth, and that I will not directly or indirectly reveal to any person the name of any candidate voted for by any voter, or which ticket he has voted, or anything occurring' within the voting booth except I be called upon to testify in a judicial pro- ceeding for a violation of the election law. Subscribed and sworn to before me this , day of . , 189 The above oath should be taken before a notary public or other officer authorized to administer oaths. It would seem to be good practice if the same should be filed in the office of the town or city clerk as evidence of the fact that the statute has- been complied with. FORM No. 34. (See § 100, Election Law.) Proclamation of opening the polls. Hear ye ! hear ye ! hear ye ! The polls of this election 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 imprison- ment. And all persons are desired to take notice that the polls will be closed at five o'clock in the afternoon. FORM No. 35. (See § 102, Election Law.) Certificate of appointment of watchers. At a meeting of the committee of the party (or inde- pendent body), a political party (or independent body), which has dulv filed cc-tificates of nominations of candidates to be filled at the X46 The Election Law of 1896. ■election to be held , 189 , the following named persons, and , were, by virtue of the powers given to the said political organ- ization (or independent) body by section 102 of the election law appointed watchers to attend the polling places in the election district of the town (or ward) of , in the county of Witness, the signature of the president (or chairman) and the secretary of the committee of said political party (or independent body) this day of , 189 . President {or Chairman) Secretary. FOBM No. 36. (See S 103, subd. 2, Election Law.) 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 hun- dred and three of the election law. 1. The number of full sets of official ballots furnished to election dis- trict number (five) of the (town of Canandaigoia) county of (Ontario), were 800 2. The number of sets erf official ballots canceled 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 5. The number of sets of official ballots actually voted, were 485 €. Total sets of official ballots accounted for are 800 7. The number of sets of detached stubs were 500 8. The number of sets of stubs on unused ballots were 300 9. The total sets of stubs accounted for are 800 We hereby certify that the foregoing ballot return for election district number (five) of the (town of Canandaigua), county of (Ontario), for the election held November (5th, 1895), is correct. (Signed.) , Ballot Clerks. Conduct of Elections and Canvass of Votes — Forms. 147 FOBM No. 37. (See 5 '03. subd. 3, Election Law.) Poll liat. Sample of alphabetical page. m M "3 NAME OF ELECT- ORS. Residence of electors. Number on ballot delivered to electors. •d V > .J H J3 a 6 a First set. Second set. Third set. Remarks. I a 3 4 Adams, John. Anthony, Smith J. Andrews, Wm.... Archer, Frank J.. 4000 Swan St.. . Albany 36g State st 736 Madison av. 4 60 100 160 86 .... 4 86 100 160 Challenged Blind, as- sisted bj (Upon the close of the polls the poll list to be delivered to the chairman of board of inspectors.) FOBM No. 38. (See S 104, subd. 2, Election Law.) Oath to be administered to illiterate voter. — You do solemnly swear (or affirm) that you are unable to prepare your ballot without assistance because you are unable to write by reason of illiteracy. FOBM No. 30. (See 5 104, subd. 2, Electioi^I^aw.) Oath to be administered to disabled voters. — i. You do solemnly swear (or affirm) that you will be unable to prepare your ballot without assistance, because (Insert specific disease or crippled condition). Conduct of Elections and Canvass of Votes — Forms. 149 150 The Election Law or 1896. FORM No. 42. (See § 108, Election Law.) Questions under 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 particu" lar locality of your place of residence. 4. How long have you resided in this election district ? 5. What was your last place of residence before you came into this elec- tion district ? 6. How long have you resided in this county 7 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 } ID. Where and in what court, or before what officer. 11. How long have you resided in the United States ? 12. Did you come into this election district for the purpose of voting at the next ensuing election ? 13. How long do you contemplate residing in this election district? 14. Have you made any bet or wager, or are you directly or indirectly interested in any bet or wager depending on the result of the next ensuing election ? 15. Have you received, or offered to receive, or do you expect to receive, any money or other valuable thing as a compensation or reward for giving your vote at the next ensuing election ? 16. Have you paid, offered or promised to pay, contributed, offered or promised to contribute, to another, to be paid or used, any money or other valuable thing, or made any promise, to influence the giving or withholding of any vote at the next ensuing election ? 17. Have you been convicted of bribery or of any infamous crime, or, if 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 qualitications of the person offering to vote as a resident of the election district, citizenship and right to vote at such polling place. FORM No. 43. (See § 108, Election Law.) General oath on challeng^e. " If the person so offering to vote, shall persist in his claim to vote, and the challenge shall not be withdrawn, one of the inspectors shall then administer to him the following oath : 'You do swear (or affirm) that you are twenty-one years of age, that you have been a citizen of the United Conduct of Elections and Canvass of Votes — Forms. 151 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 thirty days a resident of this election district, and that you have not voted at this election.' " If the person so offering to vote shall be challenged for causes stated in section two of article two of the constitution of this state the following additional oath shall be administered by one of the inspectors : ' You do swear (or affirm) that you have not received or offered, do not expect to receive, have not paid, offered or promised to pay, contributed, offered or promised to contribute to another, to be paid or used, any money or other valuable thing as a compensation or reward for the giving or with- holding a vote at this election, and have not made any promise toinfiuencts 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 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 shalk be rejected." (§ 108, Eiectioft Law.) FORM No. 44. (See §§ 104 and io6, Election Law.) Blank for the report of assisted and challenged elector&, 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 challenge 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) 3. The names of persons who received assistance on account of being unable to write by reason of illiteracy, were , in all, twq (2) We certify the foregoing statement is correct. Dated this (fifth) day of November, 1895. Board of Inspectors. * Under the heading of paragraph i, should be stated whether the person challenged too) (he preliminary or general oath or both. 152 The Election Law of 1896. FORM No. 46. (See $ III, Election Law.) Sample. Inspectors' returns and statement of canvass. — Original official statement of the result of a (general) election, held on the (fifth) day of November (1895), in the (fifth) election district of the (town of Canandai- gua), 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 sec- tion one hundred and eleven of the election law. RETURN OF BALLOTS VOTED. I. 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) 4^5 -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 package returned herewith, and on each of which ballot is indorsed the reason for such rejec- tion, were (ten) 10 4. The number of general ballots cast on which votes were counted for one or more candidates, all of which were returned to the ballot box (except those protested as being marked for identi- fication), were (four hundred and seventy) 470 5. The total number of ballots accounted for by us are 4^5 We certify the foregoing statement of ballots voted is correct in all respects. Dated this (fifth) day of November (1895). Board of Inspectors. Statement and return of the votes for the ofl&ces of electors for presi- dent and vice-president.* 1. The number of ballots cast on which votes were counted for any candidate for office, were four hundred and seventy 470 2. The number of ballots cast and counted on which there was no vote for the office of elector of president and vice-president, were nineteen 19 3. The whole number of ballots on which votes were counted for the office of elector of president and vice-president, were four hun- dred and fifty-one • • • 45^ •Inspectors will note the addition of paragraph 4 incorporated in statement of return of TOtes for presidential electors used in addition to the form of headings used for offices where only one candidate is nominated by each party for an office. The same wording should be Ufed for all offices where two or more candidates are nominated by the same party for th« •ame office under one office heading. Conduct of Elections and Canvass ok Votes — F(jrms. 153 4.. The whole number of votes counted upon such ballots for the office of elector of president and vice-president were thirty- seven hundred and forty-one 3,74' 5. Of which George E. Moulton received three hundred and five . 305 6. Benjamin F. Blair received three hundred and four 304 7. Clarence Van Deusen received three hundred and four 304 8. Samuel Andrews received three hundred and three 303 9. Charles Spicer received three hundred and three 303 10. Harry Taylor received three hundred and three 303 11. William Halloran received three hundred and three 303 12. J. Wesley Hamer received three hundred and three 303 13. Jacob W. Essegger received one hundred and sixty-five 165 14. Charles J. Edwards received one hundred and sixty-four 164 15. Melvin A. Rice received one hundred and sixty-four 164 16. George Sandhusen received one hundred and sixty-four 164 17. Calvin W. Withey received one hundred and sixty-four 164 18. Horatio Alderson received one hundred and sixty-four 164 19. Michael Byrnes received one hundred and sixty-four 164 20. David Hawey received one hundred and sixty-four 164 Total 3.74! Statement and return of the votes for the oflB.ce of (governor). 1. The number of ballots cast on which votes were counted for any candidate for office were (four hundred 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 hundred 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 ofl&ce of (lieutenant- governor). 1. The whole number of ballots cast on which votes were counted for any candidate for office were (four hundred and seventy) . . 470 2. The number of ballots cast and counted on which there was no vote for the office of (lieutenant-governor) were (seven) 7 3. The whole number of ballots on which votes were counted for the office of (lieutenant-governor) were (four hundred and sixty- three) 463 4. Of which (Charles T. Saxton) received (three hundred and three) 303 5. (William F. Shcehan) received (one hundred and sixty) 160 Total 463 154 The Election Law of 1896. 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 hundred and seventy) . . . 470 2. The number of ballots cast and counted on which there was no vote for the office of (county clerk) were (ten) 10 3. The whole number of ballots on which votes were counted for the office of (county clerk) were (four hundred and sixty) .... 460 4. Of which (John Doe) received (three hundred and fifteen) 315 5. (Richard Doe) received (one hundred and forty-five) 145 Total 460 The number of general ballots " protested as marked for identification " (all of which are in the sealed package returned herewith together with the void ballots) each of which have been indorsed by us " protested as marked for identification," the mark or marking to which objection was made being specified upon the back of each such ballot, 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 rejected by us as void. Such void ballots are included in our return as " void " ballots on which no vote for any candidate was counted and are marked upon the back thereof " void " and indorsed with the reason for so declaring them. They are in the sealed package returned herewith together with the bal- lots " 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 or any constitutional amendment or question or proposition submitted, a similar return is to be included. Two certified copies of the original statement and return are to be made. FORM No. 46. (See % 112, Election Law.) Proclamation of result. "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 (595), for Jacob .Sloat Fassett (362), for Joseph W. Bruce (153)." (naming each person voted for, for the office of governor, and the number of votes given for him for that office). " The whole number of votes given for the office of lieutenant-governor, found in the same box, was . . . .; of which there were given for that office, for William F. Sheehan , for John W. Vrooman . . . ." Proceed on with the votes given for the different candidates. § 130 County and State Board of Canvassers. 155 ARTICLE VL Coimty and State Board of Canvassers. Section 130. Organization of county board of canva.ssers. 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' statement. 134. Proceeding of state board of canvassers upon corrected statement. 135. Statement of canvass by county boards. 136. Decisions of county boards as to persons elected. 137. Transmission of statements of county boards to secretary of state. 138. Organization of state board of canvassers. 139. Canvass by state board. 140. Certificates of election. 141. Record in office of secretary of state of county officers elected. § 130. Organization of county board of canvassers. — The board of supervisors of each county shall be the county board of can- vassers of such county. The county board of canvassers of the counties wholly or partly within The City of New York shall be the city board of canvassers of The City of New York within their respective counties. The county board of canvassers of a county containing a city of the second class shall be the city board of canvassers of such city. The county board of canvassers of the respective counties shall meet on the Tuesday next after each election of public officers held in such county other than an election of town, city, village or district school officers held at a different time from a general election. In the county of Erie the board of county canvassers shall meet at the usual place of meet- ing of the board of supervisors and in all other counties at the office of the county clerk. Upon such meeting they shall choose one of their number chairman of such board. In the county of Erie the commissioner of elections shall be the secretary of the board of county canvassers and in all other counties the county clerk, or if he be absent or unable to. act, the deputy county clerk of such county, shall be the secretary of such board. The secre- tary of the board shall thereupon administer the constitutional oath of office to the chairman of the board, who shall then ad- 156 The Election Law of 1896. § 131 minister 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 mem- bers of the board then present shall elect the chairman of the board and adjourn to some convenient hour of the next day. If such board, or a majority thereof, shall fail or neglect to meet within two days after the time fixed for organizing such board, the supreme court, or any justice thereof, or county judge within such county, may compel the members thereof by writ of man- damus to meet and organize forthwith. (TJiiis amended by chap. 208, L. 1901, and chap. 643, L. 1905, in effect May 26, 1905.) If the county clerk do not appear and if his deputy be also absent, the board has power to appoint a secretary in their place to perform the duties which appertain to that office. The same is true, if the county clerk shall be present but refuse to perform his duties. (People ex rel. Daley v. Rice, 129 N. Y. 449.) § 131. Production of original statements and copies thereof. — As soon as such board of county canvassers shall have been organized, the officer with which they were filed, shall deliver to such board of canvassers all the original statements of 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 ^133 County and State Board of Canvassers. 157 adjourn to some convenient hour of the same or the next day, and the secretary of such board shall, by special messenger or otherwise, obtain such missing original statements, if possible, otherwise he shall procure one of the certified copies thereof in timo 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 canvas 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. 379, L. 1897.) It is clearly the Intention of the statute that the official statement made after and in accordance with the proclamation of the result of the canvass, which is required to be certified to as correct over the signatures of the inspectors, shall form the basis of the estimate of the board of canvassers. (Matter of Noyes, ^x"^. Y. St. Repr. 127.) The county board cauuot estimate the number of votes cast from the sample ballots attached to the inspectors' certificates instead of from the face of the return. (People ex rel. Noyes\. Board, 34 N. Y. St. Repr. 8,- Matter of Noyes, id. 127 ; People ex rel. Noyes v. Board, 126 N. Y. 392.) It should be noted that the present law does not require sample ballots to be attached to the returns made by the inspectors. The court cannot compel the county board of canvassers to change the returns of a general election so as to show separately the number of votes cast for the office of governor in the name of and under the emblem of the political party whose candidate for the office was the same as that of another political party, in order that it shall appear from the returns filed in the office of the secretary of state whether or not such first men- tioned political party polled ten thousand votes for state offi.cers at such election, and is thus entitled to make its nominations for the next year by convention. (People ex rel. Boies v. Board of Camassers, jg App. Div. 514.) § 132. Correction of clerical errors in election district state- ments. — If, upon proceeding to canvass such votes, it shall clearly appear to any county board of canvassers that certain matters are omitted from any such statement or copy, which should have been inserted, or that any merely clerical mistakes exists therein, they shall have power, and such power is hereby given, to summon the inspectors of election whose names are subscribed thereto, before such board, and such inspectors shall forthwith meet and make such correction as the facts of the case require; but such inspectors shall not change or alter any decision before made 13 1^8 The Election Law of 1896, § 133 by them, but shall only cause their canvass to be correctly stated. The board of county canvassers may adjourn from day to day not exceeding three days in all, for the purpose of obtaining and receiving such corrected statements. The statute as to counting and certifying the votes of electors of various offices is very plain and concise and local inspectors must count the votes they receive and certify them. The county canvassing boards must, upon those returns, declare the result. They have power to have corrected clerical errors made by local boards, or send for complete returns under the statute, but the power is nowhere given in the statute to a can- vassing board to reject any vote that comes to it certified in due form by the local inspectors as having been cast at the election. {^Matter of Woods, 5 Misc. Rep. 575.) A mandamus will lie to compel the county board to send back to the inspectors for correction returns upon which the names of candidates are incorrectly given or misspelled. {People ex rel. Mimro v. Board, 129 N. Y. 469.) Returns may be sent back to the inspectors for correction in case of a clerical error but not for a recount. {People ex rel. Noyes v. Board, 126 N. Y. 392; People ex rel. Fiske v. Devermann, 83 Hun, 181.) Boards of canvassers have no power conferred upon them to correct frauds or rectify mistakes, except clerical ones. Their duty is simply to add together the statements of results filed with them by inspectors. {People ex rel. Blodgeit v. Board, 44 N. Y. St. Rep. 738.) The board of covmty canvassers has only ministerial and not judi- cial duties to perform and cannot enter upon a judicial investigation to ascertain the genuineness of a return which the law required to be returned to it. Such return is favored by the presumption of official honesty and regularity. If the returns are not regular, the board should send them back to the inspectors for correction. {People ex rel. Russell v. Board, 46 Hun, 390; People ex rel. Noyes v. Board, 34 N. Y. St. Repr. 8; Mailer 0/ Noyes, id. 127; People ex rel. Noyes v. Board, 126 N. Y. 392; People v. Cook, 8 id. 67 ; People ex rel. Deuc/iler v. Board, 64 How. 337; Mailer of Felt, 1 1 Abb. [N. S.] 207 ; People v. Van Slyck, 4 How. 297 ; Ex parie Heaih, 3 Hill, 42 ; Kutz v. Canvassers, 12 Abb. N. C. 84.) A writ of mandamus will issue to compel the canvassing board to send back to the inspectors, for correction, returns which do not show upon their face that any particular person received any votes whatsoever, and which do not contain a statement of the number of general ballots protested as " marked for identification." {People ex rel. Ranton v. City 0f Syracuse, 88 Hun, 203.) Where it does not clearly appear that a clerical error exists in the returns of a canvass, an application to the court to have it corrected will be refused. {In re Election of Alderman of First Ward, City of Buffalo, 49 N Y. Supp. 241.) . , , • 1 Inspectors of election cannot correct any other than clerical errors in the return of a canvass. {In re Election of Alderman of First Ward, of City of Buffalo, 49 N. Y. Supp. 241.) § 133. Correction in state or county board of canvassers- statements. — The supreme court may, upon affidavit pre- sented by any elector, sliAwing that errors have occurred in § 133 County and State Board of Canvassers. 159 any statement or determination made by the state board of canvassers, or by any board of county canvassers, or that any such board has failed to act in conformity to law, make an order requiring such board to correct such errors, or perform its duty in the manner prescribed by law, or show cause why such correction should not be made or such duty performed. If such board shall fail or neglect to make such correction, or perform such duty, or show cause as aforesaid, the court may compel such board, by writ of mandamus, to correct such errors or perform such duty ; and if it shall have made its determination and dissolved, to reconvene for the purpose of making such corrections or performing 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 section must be commenced within four months after the statement or determination in which it is claimed errors have occurred was made, or within four months after it was the duty of the board to act in the particular or particulars as to which it is claimed to have failed to perform its duty. A zaandamus will not lie to compel the board of county canvassers to canvass the returns before them when it is proven to the court that such returns are illegal because of a violation of the statute by the inspectors in receiving and counting certain votes. {People ex re/. Mttnro v. Board, 129 N. Y. 469.) A mandamus is proper directing the board of county canvassers not to canvass irregular returns. {People ex rel. Russell v. Board, 46 Hun, 390. This section in effect re-enacts chapter 460 of the Laws of 1880, here- tofore repealed, authorizing the supreme court in proceedings by writ of mandamus to correct errors in the determination of boards of county can- vassers and to compel them to reconvene and declare a truthful result of the returns before them. {People v. Canvassers, 64 How. 201, 367, 357, 334 ; Kutz V. Canvassers, 12 Abb. N. C. 84 ; People ex rel. Noyes v. Board, 34 N. Y. St. Repr. 8; Matter of Noyes, id. 12-7; People ex rel. Noyes v. 100 The Election Law of 1896. § 133 Board, 126 N. Y. 392). But see People v. Supervisors (12 Barb. 217), hold- ing that a mandamus will not lie to compel the board of canvassers after it has performed its duties and has adjourned sine die to reassemble and correct its decision. The Supreme Court at Special Term cannot issue a writ of peremp- tory mandamus which is by force of its terms and commands, in effect, an order which restrains the board of state canvassers engaged in the per- formance of, or about to perform, a duty imposed by the statute. (Code Civ. Pro. § 605 ; People ex rel. Derby v. Rice, 129 N. Y. 461,) Where an official board acts only ministerially the court has a clear right to direct its ministerial action. {Matter of Noyes, 43 N. Y. St. Repr, 127.) The county board is merely an administrative body. — It cannot exer- cise the high judicial function of passing upon the constitutionality of a statute. Nor will the court direct the board to do what they have no power in themselves to do, but must confine itself to correcting errors they may have made. {Matter of Woods, 5 Misc. Rep. 575.) For the settlement of contests over elections courts exist, with ade-» quate powers to investigate the causes of complaints, and for that end to take proofs and to judge accordingly. Boards of canvassers have no such powers. {People ex ret. Derby v. Rice, 129 N. Y. 461.) The court has no power to interfere by mandamus with the canvassing of returns regular upon their face by the county board when it is simply alleged that fraud has been committed in the counting of votes by the inspectors. If there were two returns, one true and the other false, the court might compel the board to canvass the true one. {People ex rel. Gregg v. Board, 54 Hun, 595.) Until the legal presumption is overcome that state officers will per- form their statutory duties, a peremptory mandamus will not lie. {People ex rel. Derby v. Rice, 129 N. Y. 461.) The question whether fraud has been committed in making the returns cannot be properly tried in a proceeding to compel the board of county canvassers to canvass the returns. This question can only be tried in a contest before the proper tribunal. {People ex rel. Hatzel v. Board, 58 How. 141.) The court should not permit to be canvassed by the state board a return containing the result of an illegal and erroneous canvass by the board of county canvassers in excess of its jurisdiction. {People ex rel. Daley v. Rice, 129 N. Y. 449.) The public has an interest, quite as great, perhaps, as an individual candidate, in the result of an election, and any citizen has the right to invoke the aid of the court in compelling boards of canvassers to perform their official duties. {People ex rel. Daley v. Rice, 129 N. Y. 449.) A peremptory writ of mandamus is proper to compel the board of canvassers to reject a second return. {People ex rel. Fiske v. Devermann, 83 Hun, 81.) § 134 County and State Board of Canvassers. i6i § 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 received by him, and obtain from the governor and comptroller the certified statements received by them, or either of them, and file the same in his ofifice. 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, or the office of the state treasurer or comptroller, and the said board of state canvassers shall, from such certified copies or statements, 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 cor- rected statements in the manner provided by section one hundred and thirty-nine of this act. Upon the new or cor- rected statement thus made, the said board of state can- vassers 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, declara- tion and certificate so far as the latter are changed by the former. The supreme court shall, upon application of a can- didate interested in the result of such new or corrected state- i62 The Election Law of 1896. § 135 ment, or of any elector in the county from which such state- ment 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 so; and in the event of the failure of such board to act upon such new or corrected statement and canvass the same, or show cause as aforesaid, the court may compel such board by writ of mandamus to act upon and canvass such new or cor- rected statement, and make a statement, certificate and decla- ration in accordance therewith ; and if the state board of can- vassers shall have made a determination, and adjourned or dissolved before receiving such new or corrected statement, the court may compel such board to reconvene for the purpose of carrying out its order and direction ; and for that purpose the meeting of said board shall be deemed a continuance of its regular session. The state board of canvassers and the secretary of state shall respectively have the same powers, and discharge the same duties with reference to statements made under this section, that they have and are charged with under the provisions of section one hundred and thirty-nine, and one hundred and forty, of this act. § 135. Statements of canvass by county boards. — Upon the completion by a county board of canvassers, of the canvass of votes of which original statements of canvass, or certified copies thereof, are by law required to be delivered to them, by the boards of officers with whom the same may have been filed by the inspectors of election, they shall make separate statements thereof as follows: 1. One statement of all such votes cast for each office of elector of president and vice-president of the United States. 2. One statement of all such votes cast for each state office. 3. One statemertt of all such votes cast for each office of repre- sentative in congress, except that the board of canvassers in the § 135 County and State Board of Canvassers. 163 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 assemblymen, 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 were entitled to vote at such election. 8. In the counties wholly or partly within The City of New York, the respective county boards shall make a separate state- ment as to the votes, if any, so cast upon any proposition or ques- tion upon which only the electors of such city were entitled to vote at such election in such county or portion thereof. Each such statement shall set forth, in words written out at length, all such votes cast for all the candidates for each such office; and if any such office was to be filled at such election by the electors of a portion only of such county all the votes cast for all the candi- dates for each office in any such portion of the county, designat- ing by its proper district number or other appropriate designa- tion, the names of each such candidate and the number of votes so cast for each, the whole number of votes so cast upon any pro- posed constitutional amendment or other proposition or question, and of all the votes so cast in favor of and against the same respectively. In the counties wholly or partly within The City of New York the respective county boards shall make a separate jg. The Election Law of 1S96. § 135 statement of the votes cast for all the city offices voted for by the electors of such city or any portion thereof, within such counties. If, upon such canvass, in any original statement or duly certified copy of an original statement of the result of the canvass of the votes of any election district in such county or city, there shall be included any ballot indorsed by the inspectors to the effect that it was objected to as marked for identification, the county and city boards of canvassers shall add to each statement in which the counting of any such ballot or any portion thereof is included, a statement of the whole number of ballots so indorsed and counted. If, upon such canvass, in any original statement or duly certified copy of an original statement of the result of the canvass of the votes of any election district there shall be included any ballot indorsed by the inspectors to the effect that it was rejected as void, the county and city boards of canvassers shall add to each statement, a statement of the whole number of bal- lots so indorsed. The statements required by this section shall each be certified as correct over the signatures of the members of the board, or a majority of them, and shall be filed and recorded in the office of the 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 comple- tion of such canvass, unless otherwise ordered by a court of com- petent jurisdiction. (Thus amended by chap. 379, L. 1897.) The statements of the county boards cannot lawfully contain any- thing save the whole number of votes given in each town and district, the names of the candidates and the number of votes given to each. (People ex rel. Derby v. Rice, 129 N. Y. 461.) ' § i^f) County and State Board of Canvassers. 165 It was held in Peflf>lc ex rcl. Daley v. Rice ("129 N. Y. 449) tliat where the county clerk, acting as secretary to the board of county canvassers, refused to sign and attest the statements of canvass prepared by them, one of their number could be appointed by the board to perform such acts. But it should be noticed that the present law does not require the county clerk to sign the statements. The signatures of a majority of the board of canvassers only is necessary. Congressional election — Under the above section the court may order an inspection of the void and protested ballots for congressmen, before a proceeding instituted to determine the question as to the legality of the rejection of the liallots, and before a formal congressional contest. {Mat- ter of Van Cott, 34 Misc. 411 ; 69 N. Y. Supp. 934.) Separate return of votes cast for candidates of political party The court cannot compel a county board of canvassers to make its return so as to show separately the number of votes cast for the office of governor in the column and under the emblem of a political party whose candidate for the office of governor was the same as that of another political party in order that it may appear from the returns filed in the office of the secre- tary of state whether or not such political party polled the required num- ber of votes for state officers to entitle it to make its nominations by con- vention during the next year. There is no provision in the statute authorizing such a separate return. {People ex rel. Boies v. Board of Canvassers, 79 App. Div. 514, 80 N. Y. Supp. 25.) § 136. Decisions of county board as to persons elected. — Upon the completion of the statements required by section one hun- dred and thirty-five of this act the board of canvassers for each county shall determine what person has by the greatest num- ber of votes been so elected to each office of member of as- sembly 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 county board of canvassers of Hamilton county, as to all the votes so cast in Hamilton county for all the candidates and for each of the candidates for the office of 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 shall from such certified 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 boTrd, or a majority of them, and filed and recorded in the office of the countv clerk of i66 The Election Law of 1896. § 137 such county, except in the county of Erie and in the county of Erie in the oftice of the commissioner of elections, who shall each cause a copy thereof, and of the statements filed and recorded in liis ofifice, upon which such determination was based, to be pub- lished in accordance with the provisions of sections twenty-one and twenty-two of the county law. The clerk of each county, except the county of Erie, and in the county of Erie the commis- sioner of elections, 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 cer- tificate, and shall, without delay, transmit such copies to the per- sons therein declared to be elected, respectively. (Thus amended by chap. 379, L. 1897, and chap. 643, L. 1905, in effect May 26, 1905-) Canvass of votes cast for persons of similar names. A board of county canvassers cannot determine that the votes cast for several somewhat similar names were all intended for the same person, and from the result thus reached issue a certificate of election to him, but they should certify separately the separate names and issue the certificate of election to the one entitled thereto on the face of the return. {People ex rcl. Kathan v. County Board of Canvassers, 75 App. Div. no; 77 N. Y. Supp. 620.) § 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 or commissioner of elections, of a statement of the county board of canvassers as to the votes cast for candidates for the offices of electors of president and vice-president, or as to the votes cast for candidates for state officers, except member of assembly and for representatives in congress, or as to the votes cast on any proposed constitutional amendment or other propo- sition or question submitted to all the electors of the state, such county clerk or commissioner of elections, shall forthwith make three certified copies of each such statement, and, within five days after the filing thereof in his office, transmit by mail one of such copies to the secretary of state, one to the governor and one to the comptroller of the state. The governor and comptroller shall forthwith upon the receipt thereof by them deliver such certified copies to the secretary of state. If any certified copy shall not be received by the secretary of state on or before the last day of November next after a general election, or within twenty days after a special election, he shall dispatch a special messenger to obtain such certified copy from the county clerk or commissioner of elections required to transmit the same, and such county clerk or commissioner of elections, shall immediately upon demand of such messenger at his office make and deliver such a certified copy to such messenger who shall, as soon as practicable, deliver it to the secretary of state. The county clerk of each county, except in the county of Erie, and in the coimty of Erie the commissioner of elections, shall transmit to the secretary of state, within twenty days after a general election, and within ten days after a special election, a list of the name and resi- § 138 County and State Board of Canvassers. 167 dence of each person determined by the board of county can- vassers of such county to be elected member of assembly, school commissioner, and to any county office; and on or before the fifteenth day of December in each year a certified tabulated state- ment of the official canvass of the votes cast in each such county by election districts at the last preceding- general election. The sec- retary 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 can- didates 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 New York ; on or before th.e fifteenth day of December in any year in which there shall have been an election for a city office for which votes were cast in a county within the city of New York the county clerk thereof shall file with the city clerk of such city a certified copy of the official canvass of the votes cast in such county or portion thereof by election districts for such city office and such canvass by election districts shall, as soon as possible thereafter, be published in the City Record. (Thus amended by chap. 95, L. 1901, a)id chap. 643, L. 1905, /;/ effect May 26, 1905.) If the county clerk fails or refuses to send certified copies of the statements of county boards to the secretary of state and other state officers the county board may cause statements attested by one of their number acting as secretary pro tempore to be transmitted, and such state- ments shall be filed and considered by the board of state canvassers as the properly certified result of the canvass of the board of county can- vassers. (People ex rcl. Daley v. Rice, 129 N. Y. 449.) § 138. Organization and duties of board of canvassers of the city of New York. — The board of elections of The City of New York shall be the board of canvassers of The City of New .York of the statements of the county board of canvassers of the counties within such city of the votes cast in such city or any por- tion thereof for a city office or upon any proposition or question upon which only electors of such city were entitled to vote. The members of the board of elections shall meet at the usual place for holding their regular meeting of such body on the first Monday in December succeeding a general election for a city office within such city and within thirty days after such special election and shall organize by selecting one of the members as chairman. The secretary of the board of elections of The City of New York shall be the secretary of such board or if he be unable i68 The Election L.\\v of 1896. § 138 to serve the board may appoint a chief clerk to be the secretary of such board. The secretary shall thereupon administer to the chairman the constitutional oath of ofifice and the chairman shall administer such oath to the members of such board and the sec- retary thereof. As soon as such board shall have organized the secretary shall deliver to such board the certified copies of the statements of the county boards of canvassers of each county wholly or partly within such city of the votes cast for candidates for city oftlce within such city and upon any proposition or ques- tion, if any submitted, to the electors of such city only and the said board shall proced to canvass such statements. If a certified copy of any statement of any county board required to be delivered to said board shall not be delivered prior to the meeting and organ- ization of said board, it may adjourn such meeting from day to day not exceeding a term of five days and it shall be the duty of the secretary to procure from the county clerk of such county the required certified copy of such statement. Upon the completion of such canvass said board shall make separate tabulated state- ments signed by the members of such board or a majority thereof, and attested by the secretary, of the whole number of votes cast for all the candidates for each ofifice shown by such certified state- ments to have been voted for and of the whole number of votes cast for each of such candidates, indicating the number of votes cast in each county for them, and if the voters of not more than one county or portion of such county were entitled to vote for such candidates, the name and portion of such county and the name of each candidate, and the determination of the board of the per- sons thereby elected to such office by the greatest number of votes. The said board shall also make a separate similar tabulated state- ment of the votes cast upon any proposition or question sub- mitted at the election to the electors of such city only and shall include a determination as to whether such proposition or ques- tion by the greatest number of votes has been adopted or rejected. Each such statement and determination shall be filed and recorded in the ofifice 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 office of the board of elections of such statements and deter- mination the president of the board of elections shall issue and transmit by mail or otherwise a certificate of election to each per- son shown thereby to be elected, such certificate to be counter- signed by the members of the board of elections of The City of New York under the seal of The City of New York. (Thus amended by chap, 95, L. 1901.) §§ 138, 139 County and State Board of Canvassers. 169 The duties of the coxinty clerk are pvirely ministeriaL — He, acting as secretary to the board of county canvassers, cannot sit in judgment upon the action of that body. The statements which the board actually makes it is the duty of the secretary to attest, and the law casts upon him neither the obligation nor the responsibility of seeing that the board has discharged its duty in a manner consistent with his views of the law. {People ex rel. Daley v. Rice, 129 N. Y. 449.) The board of canvassers have no power to reject any vote that comes to it certified in due form by the inspectors of election. {In re Election of Alderman of First Ward, City of Buffalo, 49 N. Y. Supp. 241.) Where the votes cast for the office of alderman in an aldermanic district of the city of New York have been canvassed by the board of elec- tions in accordance with an order of the Supreme Court, directing it to count certain ballots which had been rejected as void, such canvass, when completed finally, determines the question as to what ballots should, and what ballots should not, be counted for such office, subject to a review of the court in a proper action brought to determine the title to the office of the candidate declared elected. When such board has issued its certifi- cate of election to the person entitled thereto, such person's right to the office cannot be questioned by the board of aldermen. (People ex rel. Kru- lish v. Forncs, 79 App. Div. 618.) § 139. Organization of state board of canvassers. — The sec- retary of state, attorney-general, comptroller, state engineer and surveyor, and treasurer, shall constitute the state board of can- vassers, three of whom shall be a quorum. If three of such officers shall not attend on a day duly appointed for a meeting of the board, the secretary of state shall forthwith notify the mayor and recorder of the city of Albany to attend such meet- ing', and they shall forthwith attend accordingly, and shall, with the other such officers attending, constitute such board. The secretary 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 wi'diin forty days after each special election, to canvass the statement of boards of county canvassers of such election. He shall notify each member of the board of such meeting. The board may adjourn such meeting from day to day, not exceeding a term of five days. § 140. Canvass by state board. — Such board shall at such meeting proceed to canvass the certified copies of the state- ments of the county board of canvassers of each county in which such election was held. If any member of such board shall dissent from a decision of the board, or shall deem any of the acts or proceedings of the board to be irregular, and shall protest against the same, he shall state such dissent or protest in writing signed by him, setting forth his reasons therefor, and deliver it to the secretary of state, who shall file it in his office. Upon the completion of such canvass, such board shall make separate tabulated statements signed by the members of such board, or a majority thereof, of the whole number of votes cast for all the candidates for each office shown by such certified copies to have been voted for, and of the whole number of votes cast for each of such candidates, indicating the number of votes cast in each county therefor, 170 The Election Law of 1896. § 140 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, respec- tively, 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. The state board cannot inquire into the manner of making the county board's return. (^People ex rel. Daley v. Rice, 129 N. Y. 449.) The legislature has not clothed either the state officers or the subor- dinate boards of inspectors, with power to hear and determine, by the means of evidence aliunde the return, the intention of the voters. {Peopli V. Cook, 8 N. Y. 67.) The office of the state board of canvassers is purely ministeriaL-^ There is no latitude afforded by the law for any determination by such board outside of the official returns which the statute prescribes as the duty of the county canvassers to make and file. {People ex rel. Derby v. Rice, 129 N. Y. 461 ; People ex rel. Sherwood v. Board, id. 360.) The state board cannot consider in making its canvass other papers or affidavits than the returns regularly laid before them by the county boards. But a mandamus will not issue to compel the secretary of state to refrain from placing before them such other papers or to compel him to return them to the county canvassers. {People ex rel. Sherwood v. Rice, 129 N. Y. 391.) The state board cannot inquire into the eligibility of a candidate who has received votes for an office as shown upon the returns before them. But a mandamus will not issue to compel them to deliver a cer- tificate of election to such a person if it clearly appear to the court that he is ineligible. {People ex rel. Sherwood \. Board, 129 N. Y. 360.) § 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 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 thereof, addressed to the house of representatives of the I 141 CoTJNTv AND State Board of Canvassers. 171 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 same to the house of representatives at their first meeting. If either of the persons so chosen at such election shall have been elected to supply a vacancy in the oflfice of representative in congress, it shall be mentioned by the secretary of state in the statements to be prepared by him. § 142. Record in office of secretary of state of county officers elected. — The secretary of state shall enter in a book to be kept in his office the names of the respective county officers elected in this state, including school commissioners, specifying the counties and districts for which they were severally elected, and their places of residence, the offices to which they were respectively elected, and the terras of office. iy2 The Election Law of 1896. § 160 ♦ ABTICLE VII. Voting Machines. Section 160. State voting machine commissioners. ^ 161. Examination of voting machine. 162. Requirements of voting machine. 163. Adoption of voting machine. 164. Experimental use of voting machine. 165. Providing machines. 166. Payment for machines. 167. Form of ballots. 168. Sample ballots. 169. Number of ofTicial ballots. 170. Distribution of ballots and stationery. 171. Tally sheets. 172. Unofficial ballots. 173- Opening the polls; independent ballots. 174. Location of machines; g^uard rail. 175. Manner of voting. 176. Instructing voter. 177. Disabled voters. 178. Canvass of vote and proclamation of result. 179. Disposition of independent ballots; and preserving the record of the machine. 180. Application of other articles and penal code. 181. When ballot clerks not to be elected. 182. Number of voters in election districts. 183. Definitions. 184. Repeal of Laws. § 160. State voting machine commissioners. — The com- missioners appointed under chapter four hundred and fifty of the laws of eighteen hundred and ninety-seven are continued in 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. Vacan- cies shall be filled by the governor for the remainder of the unex- pired 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 commissioner shall have any pecuniary interest • Added by chap. 466, Law3 1899. §§ i6i, 162 Voting Machines. 173 m 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 corporation owning or being interested in any voting machine may apply to the state board of voting machine commissioners to examine such machine and report on its accuracy, efficiency and capacity to register the will of voters. The commissioners shall examine the machine and report accordingly. Their report shall be filed in the office of the secretary of state and shall state whether in their opinion the kind of machine so examined can be safely used by such voters at elections, under the conditions pre- scribed in this article. If the report states that the machine can be so used, it shall be deemed approved by the commissioners and machines of its kind may be adopted for use at elections as herein provided. When the machine has been so approved, any improvement or change that does not impair its accuracy, effi- ciency or capacity shall not render necessary a re-examination or reapproval thereof. Any form of voting machine not so ap- proved, or which has not been heretofore examined by said com- missioners 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 com- pensation and expenses in making such examination and report, to be paid by the person or corporation applying for such exami- nation. {Thus amended by chap. 530, L. 1901.) § 162. Requirements of voting machine. — A voting machine approved by the state board of voting machine commissioners may be so constructed as to provide facilities for voting for the candidates of at least seven different parties or organizations. It must be provided with a single straight ticket device for each of said parties, by the use of which a voter may vote for all the candi- dates of that party, and must permit a voter to vote for any person for any office, whether or not nominated as a candidate by any party or organization, and must permit voting in absolute secrecy. Such machine shall also be so constructed that 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 174 The Election L.-kvv of 1896. §§ 163-165 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 tor the same person 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 abso- lutely 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 presidential electors, and shall be counted as such. (Thus amended by chap. 530, L. 1901.) § 163. Adoption of voting machine. — The board of elec- tions 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 elec- tions held in such city, town or village, or in any part thereof, for voting, registering and counting votes cast at such elections. Different voting machines may be adopted for different districts in the same city, town or village. {Thus amended by chap. 530, L. 1901.) § 164. Experimental use of voting machine. — The authori- ties of a city, town or village authorized by the last section to adopt a voting machine may provide for the experimental use, at an election in one or more districts, of a machine which it might lawfully 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 election district with a voting machine or voting machines at any election following such adoption, as many may be supplied as it is prac- ticable to procure, and the same may be used in such election district or districts within the city, town or village as the officers adopting the same may direct. §§ 166-170 Voting Machines. 175 § 166. Payment for machines. — Tlie 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 locaHty and may for that purpose issue bonds, certificates of indebtedness or other obligations which shall be a charge on the city, town or village. Such bonds, certificates or other obligations may be issued with or without interest, payable at such time or times as the authorities may determine, but shall not be issued or sold at less than par. § 167. Form of ballots. — All ballots shall be printed in black ink on clear, white material of such size as will fit the ballot frame, and in plain, clear type as the space will reasonably per- mit. The party device for each political party represented on the machine, which has been duly adopted by such party in accordance with this chapter, and the party name or other desig- nation shall be prefixed to the list of candidates of 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 ofificial ballots are arranged for voting on election day. Such sample ballots shall be opened to public in- spection at such polling place during the day next preceding election day. (Thus amended by chap. 530, L. 1901.) § 169. Number of official ballots. — Four sets of ballots shall be provided for each polling place for each election for use in the voting machine. § 170. Distribution of ballots and stationery. — The ballots and stationery shall be delivered to the board of inspectors of each election district before ten o'clock in the forenoon of the day next preceding the election. 176 The Election Law of 1896. §§ 171-173 § 171. Tally sheets. — Columns numbered two and three and the four columns at the right of the tally sheet prescribed by section eighty-four may be omitted in the printed blank tally sheets funiished for polling places at which a voting machine is used. The blank tally sheets and return shall in other respects conform substantially to the requirements of this chapter. § 172. Unofficial ballots. — If the ofBcial ballots for an elec- tion 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 ballots 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 man- ner, as near as may be, as the official ballot. Such ballots so substituted shall be known as unofficial ballots. §173. Opening the polls; independent ballots. — The in- spectors 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, sta- tionery and voting machine for the conduct of the election. The inspectors of election shall then and there have the voting machine, ballots and stati ery 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 languages, at least two of each language to be posted conspicuously within the polling place. If not previously done, they shall insert in their proper place on the voting machine, the ballots containing 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 regis- ter zero, and shall not permit such counters to be thereafter operated, except by electors in voting. Before the polls are open for election, each inspector shall carefully examine every counter §§ 174-176 Voting Machines. 177 and see that it registers zero, and the same shall be subject to the inspection of the official watchers. Ballots voted for any per- son whose name does not appear on the machine as a nominated candidate for office, are herein referred to as independent ballots. Where two or more persons are to be elected to the same office, and each candidate's name is placed upon or adjacent to a sepa- rate key or device, and the machine requires that all independent ballots voted for that office be deposited, written or affi.xed 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 inde- pendent ballot shall be deposited, written or affixed in or upon the receptacle or device provided on the machine for that pur- pose. With these exceptions, no independent ballot shall be voted for any person for any office whose n^-me 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 appropriate place on the machine, or it shall be void and not counted. (Thus amended by chap. 530, L. 1901.) § 174. Location of machines ; guard-rail. — The exterior of the voting- machine and every part of the polling place shall be in plain view of the election officers and watchers. The voting machine shall be placed at least three feet from every wall and partition of the polling place, and at least three feet from the guard-rail, and at least four feet from the poll clerk's table. A guard-rail shall be constructed at least three feet from the machine, with openings to admit electors to and from the machine. § 175. Manner of voting. — After the opening of the polls, the inspectors shall not allow any voter to pass within the guard- rail until they ascertain that he is duly entitled to vote. Only one voter at a time shall be permitted to pass within the guard- rail to vote. The operating of the voting machine by the elector while voting shall be secret and obscured from all other persons except as provided by this chapter in cases of voting by assisted electors. No voter shall remain within the voting machine booth longer than one minute, and if he shall refuse to leave it after the lapse of one minute, he shall be removed by the inspectors. § 176. Instructing voter. — In case any elector after entering the voting machine booth shall ask for further instructions con- 178 The Election Law of 1896. §§177-179 ceming the manner of voting, two inspectors of opposite political parties shall give such instructions to him; but no inspector or other election officer or person assisting an elector shall in any manner request, suggest or seek to persuade or induce any such elector to vote any particular ticket, or for any particular candi- date, or for or against any particular amendment, question or proposition. After receiving such instructions, such elector shall vote as in the case of an unassisted voter. § 177. The provisions of subdivision three of section thirty- four, and of subdivision two of section one hundred and four of the election law, shall apply also when ballot machines are used, and the word " booth " when used in such sections, shall be inter- preted to include the ballot machine enclosure or curtain. § 178. Canvass of vote and proclamation of result. — As soon as the polls of the election are closed, the inspectors of elec- tion 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 announce in distinct tones the result as shown by the counter numbers, and shall then read the votes recorded for each office on the independent ballots. He shall also in the same manner announce 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 required, 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 §§ i8o-i82 Voting Machines. 179 a properly secured sealed package endorsed " independent bal- lots," and file such package with the original statement of can- vass. 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 by chap. 530, L. 1901.) § 180. Application of other articles and penal code. — The provisions of the other articles of this chapter apply so far as practicable to voting by voting machines, except as herein pro- vided. The provisions of the penal code and of this chapter relating to misconduct at elections shall apply to elections with voting machines, § 181. When ballot clerks not to be elected. — Ballot clerks shall not be elected or appointed for any district for which a vot- ing 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 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 be- fore September first following, appoint from the inspectors of election then in office — if sufficient therefor are then in office, and. if not, from persons not in office, sufficient to make up the requisite number — four inspectors of election for each election district thus created, two of whom shall belong to and be of the same political faith and opinion on state and national issues as one of the two political parties which at the last preceding gen- eral 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. There- i8o The Election Law of 1896. §§ 183-184 after 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 ex- ceed seven hundred. But the town board of a town in which such machines are used may alter the boundaries of the election dis- tricts at any time after a general election and on or before Au- gust fifteenth following, provided that the number of such election districts in such town shall not be increased or reduced, and the number of votes to be cast in any district whose boundaries are so altered shall not exceed seven hundred. (Thus amended by chap. 530, L. 1901, and chap. 122, L. 1903.) § 183. Definitions. — The list of candidates used or to be used on the front of the voting machine shall be deemed official ballots under this chapter for an election district in which a voting ma- chine is used pursuant to law. The word " ballot " as used in this article, (except when reference is made to independent bal- lots) means that portion of the cardboard or paper or other material within the ballot frames containing the name of the candidate for office, or a statement of a proposed constitutional amendment, or other question or proposition with the word " for " or the word " against." § 184. Repeal of laws. — Section forty of the town law as added by chapter eighty-two of the laws of eighteen hundred and ninety-three and renumbered by chapter four hundred and eighty- one of the laws of eighteen hundred and ninety-seven, 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. Electors of President and Vice-President. i8i ABTICLE Vm Electors of President and Vice-President, and Bepresentatives in Congress Section 190. Representatives in congress. 191. Electors of president and vice-president. 192. Meeting and organization of electoral college. 193. Secretary of state to furnish list of electors. 194. Vote of the electors. 195. Appointment of messenger. 196. Other lists to be furnished. 197. Compensation of electors. 198. Laws repealed. § 190. Representatives in cong^ress. — Representatives in the house of representatives of the congress of the United States shall be chosen in the several congressional districts at the general elec- tion held therein in the year eighteen hundred and ninety-six and every second year thereafter. If any such representative shall re- sign, he shall forthwith transmit a notice of his resignation to the secretary of state, and if a vacancy shall occur in any such office, the clerk of the county in which such representative shall have re- sided at the time of his election, shall, without delay, transmit a notice thereof to the secretary of state. Appointment of representatives between states is determined by pre- scribed rule based upon actual enumeration made every ten j-^ears, but the number of representatives shaill not exceed one for every thirty thousand. (See U. S. Const., art. i, § 2.) Times, places and manner of election of representatives shall be pre- scribed in each state by the legislature thereof. {See U. S. Const, art. I. § 4.) General certificate of election. — Secretary of state to prepare certificate of election under seal of state and forward same to house of representatives of the United States in that congress for which any person shall have been chosen. (Sec § 141, Election Law.) Congressional districts as established by chap. 295, Laws 1892. Sec Political Divisions of State, etc., post. Qualification for office. — See page 303. Vacancies in office. — " When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies." {See § 2, art. i, U. S. Const.) Special election to fill vacancies shall not be held to fill a vacancy in the office of a representative in congress unless such vacancy occurs on or before the first day of July of the last year of the term of office, or unless i82 The Election Law of 1896. it occurs thereafter and a special session of congress is called to meet be- fore the next general election, or be called after October fourteenth of such year. {See § 4, Election Law.) Besignations to be in writing and addressed to the secretary of state. (See Pub. Off. Laiv, § 21, />. 319.) § 191. Electors of president and vice-president. — At the general 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 en- titled 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. Appointment, number and qualificationg. — Each state shall appoint in such manner as the legislature thereof may direct, a number of electors equal to the whole number of senators and representatives to which the state may be entitled in the congress; but no senator or representative, or person holdings an office of trust or profit under the United States shall be appointed an elector. {See U. S. Const, art. 2, § I, subd. 2.) Certificates of appointment to be sent to secretary of state of the United States by the executive of each state. (See chap. 90, U. S. Statutes 1887.) § 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 plural- ity of votes, all vacancies in the electoral college occasioned by death, refusal to serve or neglect to attend at that hour, of any elec- tor, occasioned by an equal number of votes having been given for two or more candidates. The electoral college being thus com- pleted, they shall then choose a president, and one or more secre- taries from their own body. Date of meeting fixed by chapter 90, U. S. Statutes of 1887. Vacancies in office. — Each state may, by law, provide for the filling of any vacancies which may occur in its college of electors when such college meets to give its electoral vote. (U. S. Rev. Statutes, 2d ed., § 133, p. 22.) § 193. Secretary of state to furnish lists of electors. — The secre- tary of state shall prepare three lists, setting forth the names of Electors of President and Vice-President. 183 such electors, and the canvass under the laws of this state, of the number of votes given for each person for whose election 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 president of the college oi electors on the second Monday in January, Similar provisions contained in chap. 90, U. S. Statutes 1887. liists and certificates to be transmitted at same time and in same manner as provided by law for transmitting by the electors to the seat of government the lists of all persons voted for as president and of all per- sons voted for as vice-president. § 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 whom 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 an- nexing 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 contained therein. Manner of voting prescribed by XJ. S. Constitution. — The electors shall meet in their respective states, and vote by ballot for president and vice-president, one of whom 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-presi- dent; and 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 transmit sealed to the seat of the government of the United States, directed to the president of the senate. (Sec art. 12, § i, U. S. Const.) Certificates to be made and signed.— The electors shall make and sign fthree certificates of all the votes given by them, each of which certificate shall contain two distinct lists, one of the votes for president, and the other of the votes for vice-president, and shall annex to each of the certificates one of the lists of the electors which shall have been furnished to them by direction of the executive of the state. (U. S. Rev. Stat., 2d ed., § 138 184 The Election Law of 1896. Certificates to be sealed and indorsed. — The electors shall seal up the certificates so made by them, and certify upon each that the lists of all the votes of such state given for president, and of all the votes given for vice- president, are contained therein. (U. S. Rev. Stat., 2d ed., § 139, p. 23.) Transmission of certificates. — The electors shall dispose of the certifi- cates thus made in the following manner: 1. They shall, by writing under their hands, or under the hands of a majority of them, appoint a person to take charge of and deliver to the president of the senate, at the seat of government, before the first Wednes- day in January then next ensuing, one of the certificates. 2. They shall forthwith forward by the postoffice to the president of the senate, at the seat of government, one other of the certificates. 3. They shall forthwith cause the other of the certificates to be deliv- ered to the judge of that district in which the electors shall assemble. (See U. S. Rev. Stat. 2d ed., § 140. p. 23.) § 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 lists 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 person intrusted with the lists of the votes of the electors, then such per- son shall deliver the lists of votes in his custody into the office of the secretarj' of state of the United States. Mileage of messenger. — Each of the persons appointed by the electors to deliver the certificates of votes to the president of the senate shall be allowed, on the delivery of the list intrusted to him, twenty-five cents for every mile of the estimated distance, by the most usual road, from the place of meeting of the electors to the seat of government of the United States. (See § 144, A^. y. Rev. Stat. 2d ed., p. 23.) Forfeiture for messenger's neglect of duty. — Every person who, hav- ing been appointed messenger to deliver the certificates of the votes of the electors to the president of the senate, and having accepted such appoint- ment, shall neglect to perform the service required from him, shall forfeit the sum of one thousand dollars. (See § 145, A^. Y. Rev. Stat. 2d ed., p. 23.) § 196. Other lists to be fnmislied. — The electors shall also for- ward forthwidi, by the postoffice in the city of Albany, to the president of the senate of the United States at the seat of gov- ernment, and deliver forthwith to the judge of the United States Electors of President and Vice-President. 185 court for the northern district of the state of New York, similar hsts signed, annexed, sealed up and certified in the manner afore- said. (See notes end sec. 194.) § 197. Compensation of electors. — Every elector of the state for the election of a president and vice-president of the United States, who shall attend at any election of those officers and give his vote at the time and place appointed by law, shall be entitled to receive for his attendance at such election, the sum of fifteen 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 comptroller upon the cer- tificate of the secretary of state, and paid by the treasurer. § 198. laws repealed. — Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is repealed. SCHEDULE OF LAWS TO BE REPEALED BY THE ELECTION LAW. Laws of — Chapter. Sections. 1842 130 All. 1844 331 All. 1847 240 All. 1854 286 All. 1855 513 All. 1856 79 All. i860 480 All. 1870 134 All. 1870 388 All. 1871 712 All. 1875 138 All. 1876 287 All. 1877 322 All. 1878 354 All. 1880 56 All. 1880 366 All. 1880 437 All. 1880 460 All. 1880 553 All. 1881 137 All. i86 The Election Law of 1896. Laws of— Chapter. Sections. 1881 163 All. 1882 154 All. 1882 366 All. 1882 410 1839 to 1844 in- clusive, 1846, 1847 and 1848 ; 1850 to 1861 inclusive, 1864 to 1866 inclu- sive and 1868 to 1929 inclu- sive, and 1 93 1. 1883 380 All. 1883 422 All. 1885 446 All. 1887 265 All. 1888 583 For sections re- pealed in title XX, as amend- ed, see chapter 236, Laws 1891, in this schedule. 1889 I All. 1890 117 All. 1890 169 All. 1890 262 All. 1890 321 All. 1890 355 All. 1891 7 All. 1891 236 Sections 3 to 25 inclusive, all after the word " board " in the last line of sec- tion 26, and sec- tions 27 to 32 inclusive, of Electors of President and Vice-President. 187 Laws of— Chapter. Sections. title XX of chapter 583, Laws of 1888. as amended by chapter 236, Laws 1891. 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 All PRIMARY ELECTION LAW. Chap. 473. AN ACT to amend chapter one hundred and seventy-nine of the general laws of eighteen hundred and ninety-eight, entitled " An act in relation to enrollment for political parties, primary elections, conventions, and political committees," relative to the enrollment for and holding of primary elections. Became a law May 2, 1899, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section i. Chapter one hundred and seventy-nine of the gen- eral laws of eighteen hundred and ninety-eight, entitled " An act in relation to 'enrollment for political parties, primary elections, conventions, and political committees," is hereby amended so as to read as follows: § I. Short title and application of act. — The short title of this act shall be the " Primary Election Law." Except as other- wise herein provided, it shall be controlling; (i) on the methods of enrolling the voters of a party in cities and in villages having five thousand inhabitants or more, according to the last preceding state enumeration of inhabitants; (2) on primary elections in such cities and villages; (3) on party conventions in and for any political subdivision of the state, made up wholly or partly of delegates elected in any such city or any such village; (4) on the choice, in such cities and such villages, of the members of political committees and on the conduct of political committees, in and for any political subdivision of the state, made up wholly or partly of members from any such city or village. Provided that in case territory to which this act is not applicable shall at any time become incorporated with a city or village to which it shall then be applicable, only the provisions of subdivision one of sec- Primary Election Law of 1899. 189 tion three of this act shall apply to such new territory prior to first day of registration thereafter. § 2. Definitions and construction of act. — The terms used in this act shall, for the purposes o' this act, have application as provided in this section, unless other meaning is clearly apparent from the language or context, or manifest intent. The term " committee " shall apply to any committee chosen in pur- suance hereof, or of the rules and regulations of a party, to repre- sent the members of the party in any political subdivision of the state. The term " general conmiittee " shall apply to the county committees in the various counties of this state in which are located any of the cities or villages to which this act is applicable, and in the city of New York to the county committee, the city committee, if any, and such borough conmiittees as may be estab- lished by any party. The term " convention " shall apply to any assemblage of delegates of a party, in and for any political sub- division of the state, duly convened for the purpose of nominating candidates for public office, electing delegates to other conven- tions, electing members of political committees, or transacting any other business relating to the afTairs of a party. The term " primary election " shall apply to any election by the members of a party duly convened in any political subdivision of the state to which this act is applicable, of delegates to a convention, or of party committeemen, or of candidates for public ofifice, or to any such election upon any question submitted to the vote of a party. The term " unit of representation " shall apply to an election district, a ward of a city, an assembly district, a congressional district, a senatorial district, or any other political subdivision of the state which, by the rules and regulations of a party, may be the unit from which members of any political convention or committee to which this act is applicable, shall be chosen. The term " custodian of primary records " shall apply to those officers or boards whose duty it is, by the provisions of the election law, to provide official ballots for general elections in the respective cities and villages to which this act is applicable. The term "party" shall apply to any political organization which, at the last preceding election of a governor, polled at least ten thousand votes for governor. No organization or association of citizen* igo Primary Election Law of 1899. for the election of city officers shall be deemed a political party within the meaning of this act, and membership in any such organization or association shall not prevent an elector from en- rolling with, and acting as a member of a political party. § 3. Enrollment. — Subdivision i. The custodian of primary records shall cause to be prepared on or before the fifteenth day of September in each year, original enrollment books to the num- ber of two for each election district. Such enrollment books shall be so arranged that the names of all electors of the election dis- trict may be inscribed therein alphabetically. Except in cities of the second class and cities containing a population of one million or over, such enrollment books shall be so arranged and printed that there shall be fourteen columns on each page; the first for the enrollment number of the electors ; the second for the surnames of the electors ; the third, for the Christian names of the electors ; the fourth for their residence addresses ; the fifth for the word " yes ;" the sixth for the name of the party, if any, with which the elector shall enroll ; the seventh for an entry to show a special enrollment ; the eighth for the record of transfer or re- moval from one election district to another; the ninth for the word " voted " in case the elector votes at the first official primary election of the year ; the tenth for a record as to challenges in case he is challenged thereat ; the eleventh and twelfth columns for similar entries in case he votes at the second official primary elec- tion ; and the thirteenth and fourteenth columns for similar en- tries in case there be a third official primary election or unofficial primary elections. The enrollment books prepared for election districts within a city of the second class or a city containing a population of one million or over shall be so arranged and printed that there shall be twelve columns on each page ; the first for the enrollment number of the electors; the second for the surnames of the electors ; third, for the Christian names of the electors ; the fourth for their residence addresses ; the fifth for the word " yes ; " the sixth for the name of the party, if any, with which the elector shall enroll ; the seventh for the word " voted " in case the elector votes at the first official primary election of the year; the eighth for a record as to challenges in case he is challenged thereat ; the ninth and tenth columns for similar entries in case he votes at the second official primary election ; and the eleventh and twelfth columns for similar entries in case there be a third official primary election or unofficial primary elections. Said books shall be de- livered by the custodian of primary records to the election in- spectors of the respective election districts immediately before the first day of registration in each year. The custodian of primary records shall cause at least two voting booths of the same kind and description as voting booths used at general elec- tions, to be erected in each place of registration, before the first day of registration in each year, and such booths shall bo and remain in said places of registration during the registration at Primary Election Law of 1899. 191 the four regular meetings for registration during that year ; and it shall be the duty of the custodian of primary records to fur- nish in each voting booth so erected the same articles which are required by law to be placed therein, for a general election, which articles shall remain therein during such registration. He shall also provide in like manner one ballot box in each place of regis- tration of sufficient capacity to hold all the enrollment blanks and envelopes which are to be furnished for such place of registra- tion, and which shall be of the kind prescribed by law to be used at a general election. There shall also be prepared and distrib- uted by the custodian of primary records in the manner and at public expense as provided in the election law for the furnishing of official ballots, such a number of enrollment blanks and envel- opes for each election district to the primary elections of which this act is applicable, as will exceed by two hundred the total number of electors registered in such district at the last preced- ing general election. The enrollment blanks shall be printed on white paper, and on the face thereof shall be printed the follow- ing, or the substance thereof, the blanks to be filled in in type so far as possible : Primary Enrollment for Year City (or Village) of ; County of ; Assembly District (or ward) ; Election District. Enrollment Number " I, who have placed a mark underneath the party emblem here- under of my choice, do solemnly declare that I have this day regis- tered as a voter for the next ensuing election, and that I am a qualified voter of the election district in which I have so regis- tered, and that my residence address is as stated by me at the time I so registered; that I am in general sympathy with the principles of the party which I have designated by my mark hereunder; that it is my intention to support generally at the next general election, state or national, the nominees of such party for state or national offices; and that I have not enrolled with or participated in any primary election or convention of any other party since the first day of last year. The word ' party ' as used herein means a political organization which at the last preceding election of a governor, polled at least ten thousand votes for governor." Party. Party. (Insert emblem.) (Insert emblem.) o o Make a cross (X) mark, with a pencil having black lead, m the circle under the emblem of the party with which you wish to enroll, for the purpose of participating in its primary elections during the next year. u 192 Primary Election Law of 1899. The circles underneath the emblems shall be one inch in diameter, and in them nothing shall be printed. The party emblems shall be the same which were on the ballots for each party respectively at the last preceding general election, and such emblems shall be so arranged on each blank that the emblem of the majority party at the last preceding general election of a governor shall be first, and the other emblems shall follow in order in accordance with the vote cast for such office at such election ; over each emblem shall be printed, in type clearly legible, the name of the party represented by such emblem. The enroll- ment blanks shall have thereon only the emblems of those parties to which this act is applicable and shall be distributed enclosed within the enrollment envelopes having corresponding enroll- ment numbers. The enrollment envelopes shall be of such size as to permit enclosure therein, without folding, of the enrollment blank, and of such weight and texture of paper as to make it im- possible to read or decipher the printed matter on the blank when the same is sealed on the inside thereof. Nothing shall be printed or written upon the enrollment envelopes except the following words, or the substance thereof, blanks to be filled in in type as far as possible. Primary Enrollment for Year City (or Village) of ; County of ; Assembly District (or Ward) ; Election District. Enrollment Number Name of Elector (Thus amended by chap. 225, L. 1900, chap, in, L. 1903, and chap. 674, L. 1905, /// effect June i, 1905.) Subdivision 2. When, in any city or village to which this act is applicable, an elector shall, at any of the four regular meetings for registration in any year, present himself to the board of elec- tion inspectors in any election district, his name and residence address shall be entered at the proper place in the two original enrollment books for that district. After he shall have been regis- tered as a qualified elector of that election district for the next ensuing general election, the board of election inspectors, or a member thereof, shall forthwith, and before such elector leaves the place of registration, enter his registration number, beginning with number one for the first elector registered on the first day, and so on in numerical order, opposite his name, in the first col- umn of the registration books and the enrollment books, and shrJl deliver to such elector the enrollment envelope and blank having Primary Election Law of 1899. X93 the number which shall be opposite his name on the registration books. No elector shall be given more than two sets of enroll- ment blanks and envelopes, or more than one set unless he shall spoil, deface, improperly mark, or otherwise destroy the first set given him. In case a second set is given him, the member of the board of election inspectors in charge of the enrollment books shall draw a line through such elector's enrollment number in the first column in said books, and of the registration books, and shall insert in such space in said columns the number which shall be upon the new set to be given him, which number shall always be the highest number of the enrollment blanks and envelopes then unused in such booth. Such elector desiring to enroll shall then enter a voting booth in said place of registration, and, after having closed the door thereof, may make a cross (X) mark with a pencil having black lead in the circle underneath the emblem of the party of his selection and thereupon enclose said enrollment blank in said envelope and seal the same, and, before leaving the place of registration, shall deliver the same to a member of the board of election inspectors who shall endorse thereon the name of such elector and thereupon return said envelope to said elector, who shall forthwith deposit the same in the ballot box in said place of registration in the presence of the inspectors of election, with- out in any way indicating the party with which he has or has not enrolled, and the inspectors shall thereupon enter in the enrollment books in the fifth column thereof the word " yes." If an elector declines to enroll, he may return the blank and envelope to the in- spector in charge of the ballot box, and such inspector shall seal said envelope with the blank therein, endorse the name of such elec- tor thereon and deposit the same in the ballot box ; and a like en- try shall be made opposite his name in the fifth column of the en- rollment books. The entries in the enrollment books required by this section shall be made by a member of the board designated by the chairman. One mark crossing another mark at any angle within the circle shall be deemed a cross mark within the mean- ing of this act. Before any elector shall be registered in any year, the said ballot box shall be examined by the board of election inspectors and when empty shall be locked and sealed by them in such a manner that should it be opened such seal would be broken; and the same shall remain so locked and sealed until the same shall be opened by the custodian of primary records after the next ensuing general election as hereinafter provided. 194 Primary Election Law of 1899. Said ballot boxes shall be in the charge and keeping of the cus- todian of primary records at all times except during the hours of registration as prescribed by law. At the close of the last meeting for registration in each year the board of election inspectors shall severally subscribe and verify duplicate declara- tions, one of which shall be printed in or attached to each of the original enrollment books. Such declarations shall be to the effect that the persons shown by such enrollment books are the only persons who registered as electors in that district on any of said days of registration. Immediately upon the close of each day of registration, and before leaving the meet- ing place, the board of election inspectors shall publicly inclose the said enrollment books, together with all records pertain- ing thereto, in a sealed envelope, upon which shall be written or printed in distinct characters the number of the election district. Such envelope shall remain in the custody of the chairman of the board until the meeting on the next day of regis- tration, when it shall be publicly opened. The envelope sealed at the close of the last day of registration shall, within twenty-four hours thereafter, be delivered to the custodian of primary records. Such envelope shall remain sealed until the next Tuesday fol- lowing the next ensuing day of general election. No member of the board of election inspectors shall make, or allow to be made, a copy of, or a transcript or statement from, the enroll- ment books. No person shall, on any of such days of registration or in the interval between any such day and the next ensuing day of general election, reveal or disclose the names or number of the enrolled electors, or make, publish or circulate a list of such names, or of any thereof, or do or permit any act by which the name of any elector who may or may not have enrolled, or the number of electors enrolled or not enrolled, shall be disclosed. (Thus amended by chap. 225, L. 1900.) Subdivision 3. It shall be the duty of the board of primary inspectors, or one of them, after the final meeting for registra- tion in each year, and at the same time he delivers the regis- tration books, to deliver the enrollment box to the custodian of primary records. All enrollment envelopes contained therein shall remain in such box, and the said box shall not be opened Primary Election Law of 1899. 195 or any of the envelopes be opened or removed therefrom until the Tuesday following the next succeeding day of general election. Such box shall then be opened by the custodian of primary records, and the envelopes contained therein shall be removed therefrom and opened by said custodian, and the name of the party designated by each elector under such declaration shall be by said custodian entered against the name of such elector in the sixth column of said enrollment books for the elec- tion district in which such elector resides. Such enrollment shall be completed before the fifteenth day of December in each year. If cross marks are found in more than one of the circles, or if no cross marks are found in any of the circles on any enrollment blank, the elector who used the enrollment blank thus deficient shall not be deemed to be enrolled, and words indicating the reason why such enrollment is not transcribed shall be entered in said sixth column of the enrollment books against the name of such elector. When all of the enrollments shall be transcribed from the blanks to the enrollment books, the custodian of primary records shall subscribe and verify duplicate declarations, one of which shall be printed in or attached to each of the original enrollment books, which declara- tion shall be to the effect that he has correctly and properly transcribed the enrollment indicated on the blank of each elector to the enrollment books, as herein provided. Subdivision 4. At any time during the months of May and June, and in any year when a president of the United States is to be elected in the month of February also, any elector who was regis- tered as a voter at one of said four meetings for registration in the preceding year but who did not then enroll with any party, may, except in cities of the second class or cities containmg a population of one million or over, become specially enrolled in and have his name added to the original enrollment books of, any party in the election district in which he then resided and still resides, in the manner following: He shall make, and acknowledge before an inspector of election in the elec- tion district in which he resides, or any officer authorized by law to take the acknowledgment of deeds to be recorded in this state, and file or cause to be filed, with the cus- todian of primary records a statement embodying a declaration in the following form: "I, (naming the elector) do solemnly 196 Primary Election Law of 1896, declare that I reside at (specifying his residence address), and am a qualified voter of the (specifying the number) election district of the (specifying the number) assembly district (or ward) in the city (or village) of (naming it) ; that at one of the last four preceding days of registration I registered as a voter in the said election dis- trict, but did not enroll, and I request that I be specially enrolled with the (naming it) party; that I am in general sympathy with the principles of the (naming it) party; that it is my intention to support generally at the next general election, state or national, the nominees of such party for state or national offices ; and that I have not enrolled with or participated in any primary election or con- vention of any other party since the first day of last year. The word ' party ' as used herein means a political organization which at the last preceding election of a governor polled at least ten thousand votes for governor." Upon the filing of such statement, the custodian of primary records shall enroll such elector in the original enrollment books for the proper election district and shall record, in the proper columns thereof, the name and residence ad- dress of such elector, the election district in which he is registered as a voter, the name of the party designated in such statement, the number opposite his name on the registration book, the fact that the elector is specially enrolled, and the date of such special en- rollment. If subsequent to any general election and prior to the first day of July next ensuing, territory to which this act is not applicable shall have become incorporated with a city or village to which it shall then be applicable, any elector residing in such an- nexed territory may become enrolled in and have his name added to the original enrollment books of any party for the election dis- trict in which he resides, at the time and in the manner provided in this subdivision. The enrollment of any such elector, so made, heretofore, is hereby legalized, ratified and confirmed in all respects as if made in pursuance of the provisions hereof. Nothing in this subdivision contained, giving the right to specially enroll as a member of a party, shall apply to cities of the second class or cities containing a population of one million or over, and in such cities no elector shall be permitted to enroll as a member of a party except at one of the four regular meetings for registration, as provided in subdivision two of this section of this act. ( Thus amended by chap. 204, L. 1900, chap, in, L. 1903, and chap. 674, L. 1905, in effect June i, 1905.) Subdivision 5. Except in cities of the second class and cities containing a population of one million or over, an elector who shall have become of age after the last preceding general election may at any time other than during the thirty days next preceding an official primary day, become specially enrolled in, and have his name added to the ori.g^inal enrollment books of any partv in the election district in which he resides, in the manner following: Me shall make, and acknowledge before an inspector of elections in the election district in which he resides, or any officer author- Primary Election Law of 1899. 197 ized by law to take the acknowledgment of deeds to be recorded in this state, and file or cause to be filed with the custodian of primary records a statement embodying the declaration contained in subdivision four of this section, except that instead of the words indicating that the elector was registered at one of the last four preceding days of registration but did not enroll, words indicating that he has become of age since the last preceding general election shall be used. Upon the filing of such statement, the custodian of primary records shall enroll such elector in the original enrollment books for the proper election district, and shall record in the proper columns thereof, the name and resi- dence address of such elector, the fact that he has become specially enrolled, the date of such special enrollment, and the fact that he has become of age since the last preceding general election. Nothing in this subdivision contained giving to electors who shall have become of age after the last preceding general election the right to specially enroll, shall apply to cities of the second class or cities containing a population of one million or over, and in such cities no elector shall be permitted to enroll as a member of a party except at one of the four regular meetings for registration as provided in subdivision two of this section of this act. (Thus amended by chap, iii, L. 1903, and chap. 674, L. 1905, in effect June i, 1905.) Subdivision 6. If, after being enrolled as a member of a party in one election district, either by original enrollment or by trans- fer, an elector shall move into another election district in the same city or village, he may, except in cities of the second class and cities containing a population of one million or over, at any time between the first day of February of any year and the thir- tieth day before the annual primary day, except during the thirty days before the official primary day in March, as herein provided, become enrolled therein as a member of the same party by mak- ing, acknowledging, and filing, or causing to be filed, with the custodian of primary records, a statement specifying the name of the party with which, and the election district in which he is enrolled, and the election district into which he has moved, and stating that he resides in the last mentioned election district, and desires to be enrolled therein as a member of such party. Upon the filing of such statement the custodian of primary records shall enroll the name of such elector in the original enrollment books for the proper election district, specifying the district from which he is transferred, and shall also make a minute, opposite the entry of his name in the original enrollment books of the election dis- trict from which he has removed, showing the election district to which his name is transferred. Nothing in this subdivision contained giving the right of transfer, as herein stated, shall apply to cities of the second class or cities containing a popula- tion of one million or over, and in such cities no elector shall be permitted to take part in any primary election of any party other 198 Primary Election Law of 1899. than the party with which and in the election district in which he enrolled at one of the four regular meetings for registration, as provided in subdivision two of this section of this act. {Thus amended by chap. 11 1, L. 1903, and chap. 674, L. 1905, in effect June I, 1905.) Subdivision 7. The custodian of primary records shall annually provide a duplicate set of enrollment books for each party to which this act shall then be applicable, and shall, in the month of December of each year, deliver one set of such books to the chair- man of the proper general committee of each such party. Such duplicate books shall conform in all respects to the form of the original enrollment books, and all entries in such original enroll- ment books, completed to December fifteenth, when such books are prepared for election districts outside of a city of the second class or a city containing a population of one million or over shall be transferred thereto. The custodian of primary records shall, whenever requested so to do by the chairman of the proper gen- eral committee of any party to which this act is applicable and upon the delivery to him of that party's duplicate enrollmentbook for any election' district, of a city or village other than a city of the second class or a city containing a population of one million or over make such additions thereto and changes therein as may be necessary to cause the same to conform to the original enroll- ment books of that election district, completed to the fifteenth day of the month during which such request is made, and shall, as promptly as possible, return the same to such chairman or his duly authorized representative, accompanied by a certificate that each such duplicate book is a correct copy of the original, as of such date. The custodian of primary records within a city of the second class or a city containing a population of one million or over, shall certify to such chairman that each such duplicate book is a correct copy of the original enrollment book made dur- ing the four days of registration of electors for the preceding general election.' At all unofficial primary elections of a party, the certified duplicate enrollment books, completed, in the case of election districts outside of a city of the second class or a city containing a population of one million or over, to the first day of the month preceding the month in which the primary election is held, shall be used, and no elector shall be allowed to take part in such primary election as a resident of an election district, un- less his name is upon the duplicate enrollment book for that dis- trict, showing that he is enrolled with the party in whose primary election he seeks to participate. (Thus amended by chap, iii, L. 1903, and chap. 674, L. 1905, in effect June i, 1905.) Subdivision 8. The original enrollment books shall be used at all official primary elections, and shall be delivered by the cus- todian of primary records to the proper boards of election in- spectors immediately before the opening of the polls on each official primary day, and shall be returned to such custodian forth- with, after the completion of the canvass of the votes. Such Primary Election Law of 1899. ^99 enrollment books shall go into effect on the first day of January following the days of registration on which they are begun, and shall, with any additions or changes made as herein provided, remain in force until the first day of the following January, when they shall be superseded by the new enrollment books, as herein provided. Subdivision 9. Except as otherwise expressly provided in this act, only electors enrolled as herein provided shall be entitled to participate in the primary elections of their respective parties. No elector who has registered as a voter in the preceding year shall be allowed to enroll in any election district other than that in which he was so registered as a voter, unless the custodian of primary records shall find that he was so registered in such other election district. No elector shall take part in any primary election of any party other than the party with which he shall at the time be enrolled. In case, in the interval between the days of registration and an official primary day in the succeeding year, a new election district shall be created, or the boundaries of an election district, or the number of any ward, or assembly district, shall be changed, the custodian of primary records, shall, at least thirty days prior to such official primary day, prepaie two new enrollment books for such district, or properly renumber the enrollment books for such ward, or assembly district, which enrollment books shall be in the same form and exhibit the same facts as the enrollment books then in force in the territory com- prised within such new or changed district, or renumbered ward or assembly district, but shall contain only the names of all the voters, who as shown by the enrollment books then in force in such territory are the enrolled voters of the respective political parties resident within such new or changed election district, or renumbered ward or assembly district. And, in that event, such new enrollment books shall supersede the enrollment books then in force in such territory, and the custodian of primary records shall be charged with the same duties concerning the same and any duplicate sets thereof or transcripts therefrom as are herein provided with respect to the enrollment books begun on the days of registration. The enrollment books herein provided for and any declarations filed on enrollment shall be public records, and shall be open to inspection and copying at any time by any person, except for the period during which they are required to remain sealed as herein provided. It shall be the duty of the custodian of primary records to certify to the correctness of any transcript of such enrollment books, or of any part thereof, on the payment of one cent for every twenty names contained in the transcript ; wherever the custodian of primary records is a salaried officer, the fees received by him for certifying such transcripts 200 Primary Election Law of 1899. shall be paid into the public treasury. Such a certified transcript, containing the name and showing the enrollment of any elector, shall be sufficient evidence of such enrollment. The custodian of primary records shall give to any elector enrolled or trans- ferred, as in this section provided, a certificate of enrollment or of transfer, which shall specify the name of the party with which he is enrolled, the date of enrollment or transfer, and the election district in which such elector is enrolled. The acknowledgments required to be made by this section may be made before an in- spector of election of the district in which the elector making it resides, or before any officer authorized by la\v to take the ac- knowledgment of deeds in this state. No elector who has once enrolled in a political party shall be permitted to enroll in an- other political party before the first of the next four days of registration. Only electors at the time residing in the election district and who registered as electors in the same city or vil- lage in the last preceding year, or who shall have become of age after the last preceding general election, and whose names are not already on the rolls of any party, shall be entitled to specially enroll. The declarations and enrollment blanks filed by electors at the time of registration or in the special enrollment shall be public records and shall be kept on file until one year thereafter. No person shall be required to enroll, nor shall his failure to do so afifect his right to register for the purpose of voting at any election. Subdivision 10. In a city containing a population of one mil- lion or over, the public officer' or board at the time charged with the duty of publishing the registration lists of electors in such city shall, between the fifteenth day of December and the first day of January, cause to be published in like manner and at public expense a transcript of the enrollment books of each elec- tion district in such city, omitting all entries except the names, the residence addresses, and the party, if any, recorded opposite the respective names. The custodian of primary records shall provide such transcript for publication. ( Thus amended by chap. Ill, L. 1903.) Supplemental enrollment. — Since the enactment of Laws of 1903, chap- ter III, amending this section, there is no way under a statute in the city Primary Election Law of 1899, 200a of New York for changing the enrollment. The roll is permanent for a year and cannot be amended or changed by judicial action, although in the interim an enrolled voter may have died or moved out of the election district in which he had enrolled. (People ex rel. Moscowitz v. Voorhis, 41 Misc. 360, 84 N. Y. Supp. 848.) Subdivision 11, This subdivision shall apply only to cities con- taining a population of one million or over. If any statement in the declaration of any person, on the evidence of which his name was enrolled in the original enrollment book for any election district by the custodian of primary records, or if any entry opposite the name of any person in such enrollment book, is false, or if any person enrolled in such enrollment book has died, or has removed from or no longer resides in such election dis- trict, any elector of the assembly district in which such election district is located (provided such elector is himself duly enrolled with the same political party with which the person, as to whom the application is made, was enrolled) may present proof thereof by affidavit to the supreme court, or to any justice thereof, in the judicial district in which such election district is located, or to a county judge of the county in which such election district is located. And thereupon such court, justice or judge shall make an order requiring the person against or as to whom the proceed- ing is instituted unless he is shown to have died as hereinafter provided, to show cause before such court, justice or judge, at a time and place specified in such order, why his name should not be stricken from such enrollment book. Such order shall be returnable on a day at least ten days before a primary election, and a copy thereof shall be served on the person against whom the proceeding is instituted and on the custodian of primary records at least forty-eight hours before the return thereof, either personally or by depositing the same in the postoffice of the city in which such election district is located, in a postpaid wrapper or envelope addressed to the custodian of primary records at his office, and to such person by his name at his present address, if known, and otherwise at the address which appears in the enrollment book for such election district. If the person as to whose name the application is made is claimed to be dead, the order to show cause hereinabove provided for 20ob Primary Election Law of 1899. shall be directed to the custodian of primary records, and service thereof need only be made upon such custodian of primary records, such service to be made in the manner heretofore in this subdivision specified ; but an order requiring the custodian of primary records to show cause why the name of a person claimed to be dead should not be stricken from the enrollment book shall not be made unless the affidavit presented to the court, justice or judge by the elector instituting the proceeding shall state that such elector has personal knowledge of the death of the person with respect to whose name the application is made and unless such affidavit is substantiated either by a certificate of the health department or by other competent evidence of such death. The custodian of primary records shall produce before the court, jus- tice or judge, the original enrollment declaration subscribed by the person against or as to whom the proceeding is instituted. The court, justice or judge shall hear the persons interested, and if it appears by sufficient evidence that any statement in the declaration of the person against whom the proceeding is insti- tuted, on the evidence of which he was enrolled by the custodian of primary records, or any statement opposite his name in the original enrollment book, is false, or that such person is dead or has removed from or no longer resides in the election district for which he is enrolled, shall order the name of such person stricken from the enrollment book, except as hereinafter pro- vided. If at such hearing the person against whom the proceed- ing is instituted shall produce evidence that the custodian of primary records has incorrectly copied into the enrollment book the data contained in the declaration of such person, and that if correctly copied such person would be entitled to be enrolled in such election district, such order instead of requiring his name to be stricken from the enrollment book, shall require the correction of the enrollment book in accordance with such evidence. In either case the order shall require the custodian of primary rec- ords to strike such name from the enrollment book, or to other- wise correct such enrollment book in accordance with such order. Upon the correction of such enrollment book in accordance with such order, the custodian of primary records shall certify such correction to the chairman of the general committee of each party Primary Election Law of 1899. 200c to whom a duplicate set of enrollment books has been delivered in pursuance of subdivision seven of this section. {Added by chap. 350, L. 1904.) Subdivision 12. This subdivision shall apply only to cities con- taining a population of one million or over. If any person is not in sympathy with the principles of the political party with which such person is enrolled, any elector of the assembly dis- trict in which such election district is located (provided such elector is himself duly enrolled with the same political party with which the person, as to whom the application is made, was enrolled) may present proof thereof by affidavit to the chairman of the county general committee of the political party, with which the elector enrolled, and the chairman of such county general committee shall issue a notice requiring the person against or as to whom the proceeding is instituted, to show cause before such chairman of the county general committee, or a subcommittee appointed by such chairman, at a time and place specified in such notice why his name should not be stricken from such en- rollment book. Such notice shall be returnable on a day ?t least fifteen days before a primary election, and a copy of the affidavit shall be served on the person against whom the pro- ceeding is instituted and on the custodian of primary records at least forty-eight hours before the return thereof, either per- sonally or by depositing the same in the postoffice of the city in which such election district is located, in a postpaid wrapper or envelope addressed to the custodian of primary records at his office, and to such person by his name at his present address, if known, and otherwise at the address which appears in the enrollment book for such election district. The chairman of such committee shall in his discretion personally hear the persons interested in the proceeding or appoint a subcommittee to take testimony, and in such event the action of the subcommittee shall not be final unless approved of by the chairman of such county general committee, and if it appears by sufficient evidence that such person is not in sympathy with the principles of the politi- cal party with which such person enrolled, the chairman of the county general committee shall cause to be filed a certificate with the board of elections or with the custodian of primary records 20od Primary Election Law of 1899. setting forth reasons why the name of such person shall be stricken from the enrollment book, together with a record of the proceedings had in the matter. It shall be the duty of the board of elections or the custodian of primary records to make applica- tion to the supreme court or to any justice thereof in the judicial district in which such election district is located, or to a county judge of the county in which such election district is located, for an order requiring the person against or as to whom the proceed- ing is instituted, to show cause before such court, justice or judge, at a time and place specified in such order, why the de- cision of the chairman of such county general committee should not be confirmed. Such order shall be returnable on a day at least five days before a primary election, and a copy thereof shall be served on the person against whom the proceeding is insti- tuted at least forty-eight hours before the return thereof in a manner as hereinbefore provided. The court, justice or judge upon approving of the finding of the chairman of such county general committee shall issue an order to the board of elections or to the custodian of primary records requiring the name of the elector to be stricken from the enrollment book. (Added by chap. 488, L. 1904-) L. 1905, clwp. 674, § 4. Within thirty days after this act takes effect, any elector in a city of the second class who has registered as a voter at one of the four meetings for registration in the year nineteen hundred and four, but who did not then enroll with any party may become specially enrolled in, and have his name added to the original enrollment books of, any party in the election district in which he then resided and still resides, in the manner provided by subdivision four of section three of the primary election law. Within thirty days after this act takes effect, an elector in a city of the second class who shall have become of age since the general election of nineteen hundred and four may become specially enrolled in, and have his name added to, the original enrollment books of any party in the election district in which he resides, in the manner provided by subdivision five of section three of the primary election law. Within thirty days after this act takes effect, an elector in a city of the second class who shall have enrolled as a member of a party in one election dis- trict therein, but has since moved into another election district in the same city may become enrolled therein as a member of the same party, in the manner provided by subdivision six of section three of the primary election law. The supplemental enrollments provided for by this section shall for the year nineteen hundred and five have the same force and effect as if made pursuant to the primary election law as it existed prior to the amendments made thereto by this act. § 4. Primary elections. — Subdivision i. In a year when a presi- dent and vice-president of the United States are to be elected, the tenth Tuesday before the day of general election, and in other years the seventh Tuesday before the day of general election, shall be known as the annual primary day, and in all cities and villages to which this act is applicable each party shall on such day hold primary elections for the following purposes: First. The election of delegates to all political conventions ex- cept conventions made up of delegates who by the rules and Primary Election Law of 1899. 201 regulations of the party are chosen by other conventions and nOt at primary elections, and conventions called to meet prior to such primary day for the purpose of nominating candidates to be voted for at special elections. Second. For the nomination of all candidates for public offices to be voted for at the ensuing election who by rule adopted by a party pursuant to section twelve of this act, are to be nominated at a primary election and not at a convention ; and for the elec- tion of committeemen whose duty it shall be to fill vacancies in such nominations in the cases prescribed by section sixty-six of the election law, and in the manner therein provided so far as the same is applicable thereto. (Thus amended by chap. 167, L. 1901.) Third. For the election of all committeemen who are to be chosen at a primary election and not at a convention. Fourth. For the election of alternates to delegates, in case the rules and regulations of a party shall so provide. Provided, however, that in any county having within its limits a city of the first class, there shall be in each even numbered year and in each odd numbered year in which officers of the state, other than members of the legislature are to be elected, two annual primary days, the first on the seventh Tuesday before such day of general election except as above provided for a presidential year and the second on the fifth Tuesday before such day of gen- eral election. On the first of such days shall be held the primary elections for the purpose of electing delegates to such conven- tions as are made up of delegates representing more than one county or of electing delegates to conventions to choose dele- gates to conventions which are made up of delegates representing more than one county ; and on the second of such days shall be held the primary elections for the election of other delegates, the nomination of candidates and the election of committeemen, as provided in this subdivision one of section four of this act. Nothing herein contained shall be construed as compelling the holding of primary elections in such a county on the first of such days in odd numbered years in case no delegates are to be voted for thereat, but in that event there shall be in such a year in such a county but one annual primary day, and it shall be on the fifth Tuesday before such general election. The primary elections held on each primary day shall be official primary elec- tions, and except as in this provision provided, such elections, and all inspectors thereof and public officers and boards, shall 202 Primary Election Law of 1899. fee subject to all the provisions and charged with all of the duties 4Drescribed by this act for the conduct of the official primary elections on the annual primary day. Subdivision 2. In each year when a president and vice-president of the United States are to be elected there shall be a primary elec- tion for the choice of delegates to state conventions and congres- sional district conventions, or of delegates to conventions by which delegates to state conventions or congressional district conventions are to be chosen, as the rules and regulations of a 4)arty may prescribe, on an additional official primary day which shall be the last Tuesday of March. The primary elections on that day shall be subject to all the provisions of this act for the conduct of primary elections on the annual primary day as pre- scribed in this section. The expense of official primary elections, including the expense of preparing and copying new enrollment books and the compensation herein provided to be paid to pri- -mary election inspectors, shall be paid by the same officers or boards of the city in which said primary is held, and in the same jnanner, as the expenses of general elections. Delegates to con- ventions to nominate candidates for member of congress or to conventions to elect delegates to conventions to nominate such candidates shall be elected on the annual primary day, (Thus amended by chap. 360, L. 1901.) Subdivision 3. The custodian of primary records shall, thirty days before each official primary day, divide every ward or assembly district in a city and every village to which this act is applicable, into primary districts, each of which shall consist of two contiguous election districts, except that in case there is an odd number of election districts in such ward, assembly district, or village, the highest numbered election district shall be a pri- mary district by itself. There shall be two polling places in each of such primary districts which shall be designated and provided at public expense by the officers or boards whose duty it is to f)rovide polling places for days of general election, and which shall be, so far as they are available, the same places which were used for the last preceding general election. The custodian of primary records shall assign one of the polling places in each f)rimary district to the party which, at the last election of a governor, cast the highest number of votes for governor, and at the other polling place in such primary district there shall be "field the primary elections of all other parties. Primary Election Law of 1899. 203 Subdivision 4. At least twenty days before each official primary , day the chairman of the general committee of each party subject , to the provisions of this act, shall certify and deliver to the cus- todian of primary records a statement of the conventions, com- mittees and offices for which delegates, members or candidates, as the case may be, are to be elected thereat, and the number of delegates to conventions, and members of committees, to be elected in each iniit of representation. The custodian of primary records shall prepare a notice of each official primary election provided for by this act, and shall publish such notice, not more than ten days and not less than five days prior to such primary election, in at least one newspaper having a general circulation in the city or village, of the political faith of each of the two parties which, at the last preceding election of a governor, cast the highest and next highest number of votes for governor. Such notice shall specify the day of such primary election, the hours ' during which it will be held, the location of each polling place, the election districts whose electors may vote at each such polling place, the name of the party or parties whose primary elections will be held thereat, and the conventions, committees and offices for which delegates, members or candidates, as the case may be, will be voted for thereat. All official primary elections held in pursuance of this act shall be oper from two o'clock in the after- noon to nine o'clock in the evening. All other primary elections, if any, shall be open for not less than four hours, commencing not earlier than three o'clock in the afternoon and ending not later than ten o'clock in the evening. Subdivision 5. Notice of all unofficial primary elections shall be given in the same manner as in the case of official primary elec- . tions, except that such notice shall be given by the proper party officers and shall not be at public expense. Unofficial primary elections shall be held in such places within the unit of representa-^ tion for which the primary election is held, as shall be desig- nated by the proper political committee, but there shall be at least one polling place within and for each assembly district,- ward or village. No primary election shall be held in a saloon- or drinking place, or in a room which is more than one flight of stairs from the street or not readily accessible from the street. 204 Primary Election Law of 1899. The chairman and secretary of the political committee calling^ an unofficial primary election, or under whose direction such pri- mary election is held, shall post and keep posted during the election, at or near the entrance to the room where the primary election is held, so that the same is clearly visible from the street, a conspicuous notice calling attention to the place at which the primary election is being held. Unofficial primary elections shall be held at the expense of the party holding them, and, except as herein otherwise provided, shall be subject to the rules and regulations of such party. § 5. Primary election ofificers. — Subdivision i. There shall be for each primary district two boards of primary election inspec- tors, one of which shall consist of the election inspectors for the election district or districts comprised within such primary dis- trict who shall, at the time, represent the party which, at the last preceding general election of a governor, have cast the largest number of votes for governor, and the other of which shall con- sist of the election inspectors who shall represent the party which, at such election, cast the second largest number of votes for governor, except that in a primary district co-terminous with an election district each board shall have, as an additional mem- ber thereof, the poll clerk who shall represent the same party as the two inspectors of election. The first mentioned of said boards shall conduct the primary elections of the party repre- sented by its members, and the second mentioned of said boards shall conduct the primary elections of all other parties at the time entitled to hold official primary elections. Subdivision 2. The election officers who are required by sec- tion twelve of the election law to be appointed on or before th6 first day of October in each year, shall, in all cities and villages to which this act is applicable, be appointed, and take office, at least thirty days before the first day of October. The oath which each election officer is required to take by the provisions of section twelve of the election law, shall include his duties as a primary election officer, and all duties prescribed by this act. Removals from, and vacancies in, a board of primary election inspectors on an official primary or enrollment day shall be made and filled in the same manner as on a day of registration. Before entering Primary Election Law of 1899. 205 upon their duties, the inspectors of each primary district shall meet and appoint one of their number chairman, or, if a majority shall not agree upon such appointment, they shall draw lots for that position. The primary election inspectors serving on the official primary days, shall each be paid the sum of five dollars for each day of such service. Before entering on his duties, each primary inspector shall make and subscribe an oath to faithfully perform his duties as such, which oath shall form a part of the return to the custodian of primary records. § 6, Ballots, booths, supplies, et cetera. — The custodian of primary records shall, not later than twenty days prior to the holding of any oflficial primary election provided for in this act, prescribe the size, color, weight and texture of the paper to be used for the ballots at such primary election and prepare sam- ples thereof. The colors of the ballots shall be such that those of each party shall be easily distinguishable from those of all the other parties and shall be such that the printing thereon shall be easily legible. The paper shall be of such weight and texture as to make it impossible to read or decipher the printed matter on the inside of the ballot when it shall be folded. Each ballot shall have printed or written upon its face the party name, the assembly district or ward number if any, the election district number when the election district is a unit of representa- tion, the names of the positions to be filled and the names of the persons voted for to fill such positions. The size of the ballot shall be large enough for the printing thereon of a complete set of names for all the positions to be filled at such primary elec- tion. All printing thereon shall be in black ink. Such sam- ple ballots shall have the words " sample ballot of the (specifying it) party " printed thereon, and shall be exhibited for inspec- tion during the hours within which the office of such custodian is open for business, and it shall be the duty of such custodian to furnish to each member of the board of primary election inspectors and to any elector applying for the same, a sample of the ballot for each party. The custodian shall also furnish to party committees or to electors, applying therefor, at cost, the paper so designated to be used for ballots. Ballots to be voted on either of the two official primary days may be provided by 2o6 Primary Election Law of 1899, any person. Ballots not conforming to the provisions of this section shall not be counted at any official primary election. The polling places, voting booths, guard-rails, distance markers, ballot-boxes, sample ballots and other supplies required for official primary elections shall be provided and paid for by the same officers, and in the same manner, as in the case of general elections, pursuant to sections ten and eighteen of the election law. At all official primary elections a separate box with the name and emblem of the party and with the number of the election district clearly and conspicuously written or printed thereon, shall be provided at each polling place for each party participating in a primary election at such polling place and for each election district the voters of which vote at such polling place; and there shall also be a large box for the recep- tion of the unvoted ballots. There shall be affixed to the out- side of the polling place, and in at least two places on the inside thereof, and in a conspicuous manner, placards, printed with large sized and bold-faced type, which shall specify the name of the party or parties whose primary election is being held in such poll- ing place. It shall be the duty of all primary inspectors to receive, preserve, and have at their respective polling places for delivery to electors on any official primary day, all unvoted ballots which may be delivered to them, or any of them, by any qualified elector at any time before the closing of the polls on any such primary day. The use of paper lighter in weight and color is insufficient grounds for ordering a recoinit setting aside the declared result of a primary elec- tion, where it was conducted without fraud, and it is clear that the use of such paper did not affect the result of the election. (People ex rel. Abrahams v. Voorhis, 45 Misc. 104; 91 N. Y. Supp. 595.) § 7. Voting at official primary elections. — Subdivision i. When, at any official primary election, an elector shall present himself to the board of primary inspectors, and declare his desire to vote, he shall announce his name, residence and party, and if he shall be found to be duly enrolled as a member of such party in that primary district, the board of primary inspectors, or a mem- ber thereof, shall deliver to him unfolded one of each of the ballots of his party intended for the electors of the election district in which he resides, which are in the polling place. Thereupon, and before voting, the elector shall retire into one of the booths of the polling place. Immediately upon leaving such booth he shall be permitted to vote by delivering to one of the inspectors any Primary Election Law of 1899. "^^7 ballot which conforms, in external appearance, to the provisions of this act, folded in such a way that none of the printed or written matter on the inside thereof shall be visible. The inspec- tor to whom such ballot is so delivered shall, at once and in the presence of the elector, deposit it in the proper ballot-box. When an elector shall have offered his ballot, and it shall bo in the ballot-box, he shall deliver all of the unvoted ballots which were delivered to him, each of them so folded as to conceal the inside thereof, to such inspector, and such officer shall, forth- with and without opening the same or revealing the contents thereof, deposit such ballots in the box for unvoted ballots. Such unvoted ballots shall, on completion of the canvass, be removed from such box, and without being examined be destroyed. No person shall cast more than one ballot. No ballot which shall have any printing, writing or mark on the outside thereof, shall be received. No ballot shall be in any way marked for identifi- cation. At all primary elections, all ballot-boxes to be used thereat shall be opened and examined by the board of primar\ inspectors in the presence of the watchers, if any, before any ballots are received; and when empty shall be closed and sealed, and not be opened again until the close of the polls at such primary election. The procedure shall, as far as possible, except as changed by the provisions of this act, be the same as that provided for the reception and deposit of ballots on the day of general election. When the elector shall have cast his ballot, that fact shall be recorded by the board of primary inspectors by the entry of the word " voted," opposite his name in the proper column of the original enrollment books provided therefor. Subdivision 2. The right of an enrolled elector to participate in any official primary election shall be subject to challenge at any time before his ballot is deposited in the ballot-box. When any enrolled elector shall be challenged, the chairman, or one of the members, of said board, shall forthwith put to him an oath or affirmation to answer truly such questions as shall be put to him, and he shall be allowed to vote if, and only if, he shall make such oath or affirmation, and shall answer in the affirmative each of the following questions: 15 2o8 Primary Election Law of 1899. Are you (using the name which he has given as his name)? Do you reside, and have you, for thirty days last past, resided at (giving the address which he has given as his residence)? Subdivision 3. From the time of the opening of the polls, until the result of the canvass of the votes cast thereat shall have been announced, and the official statements of such canvass shall have been signed, the ballot-boxes and all voted ballots shall be kept within the guard-rail. No person shall be admitted within the guard-rail during such period, except primary election inspectors, duly authorized watchers, persons admitted by the inspectors to preserve order or enforce the law, and persons duly admitted for the purpose of voting; provided, however, that any candidate voted for may be present at the canvass of the votes. Subdivision 4. Watchers, not exceeding one for each election district, may be appointed by any political committee, and b)' any two or more of the persons whose names are upon any ticket to be voted for at such primary election. Such watchers may be present at such polling place and within the guard-rail from at least fifteen minutes before the examination of any ballot-box at the opening of the polls of such primary election until after the announcement of the result of the canvass of the votes cast thereat and the signing of the statements thereof by the inspect- ors. A reasonable number of challengers, at least one person for any three or more persons of each party holding its primary election at that polling place, whose names are upon any ticket to be voted for at such primary election, shall be permitted to remain just outside the guard-rail of each such polling place, and 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 electioneering within such polling place, or within one hundred feet therefrom, in any public street or in any building or room, or in a public manner, and no political banner, poster or placard shall be allowed in or upon such polling place on any primary day. Primary Election Law of 1899. 209 §8. Canvass of votes. — Subdivision i. As soon as the polls at any oflficial primary election shall close, the board of primary inspectors shall forthwith publicly canvass and ascertain the result thereof, and they shall not adjourn or postpone the canvass until it shall be fully completed. All questions touching the validity of ballots or their conformity with the provisions of this act shall be determined by a majority vote of the board of primary inspectors. The room in which such canvass is made shall be clearly lighted, and such canvass shall be made in plain view of the public. It shall not be lawful for any person or persons dur- ing the canvass, to close, or cause to be closed, the main entrance to the room in which such canvass is conducted, in such manner as to prevent ingress or egress thereby. The board of primary inspectors shall proceed to canvass the vote by counting the bal- lots found in the ballot boxes without unfolding them, except so far as to ascertain that each ballot is single, and by comparing the ballots found in each box with the number shown by the enrollment books to have been deposited therein. If the ballots found in any box shall be more than the number of ballots so shown to have been deposited therein such ballots shall be replaced, without being unfolded, in the box from which they were taken, and shall be thoroughly mingled therein, and one of the inspectors designated by the board shall, without seeing the same and with his back to the box, publicly draw out as many ballots as shall be equal to such excess, and, without unfolding them, forthwith destroy them. If two or more ballots shall be found in the ballot-box so folded together as to present the appear- ance of a single ballot, they shall be destroyed if the whole number of ballots in such ballot-box exceeds the whole number of ballots shown by the enrollment books to have been deposited therein, and not otherwise. If there lawfully be more than one ballot-box for the reception of ballots voted for at any one polling place, no ballot found in the wrong ballot-box shall be rejected, but shall be counted in the same manner as if found in the proper box, if such ballot shall not, together with the ballots found in the proper ballot-box, make a total of more ballots than are shown by the enrollment books to have been deposited in the proper box. The chairman only of the board of primary inspectors shall unfold the 210 Primary Election Law of 1899. ballots taken from the ballot-box. When a ballot is not void, and a primary election inspector or a duly authorized watcher shall, during the canvass of the vote, declare his belief that any particu- lar ballot has been written upon or marked in any way for the purpose of identification, the inspectors shall write on the back of such ballot " Objected to because marked for identification," and shall specify over their signatures upon the back thereof the mark or markings upon such ballot to which objection is made. The votes upon each such ballot shall be counted by them as if not so objected to. If any ballots shall be rejected as void, the reason for such rejection shall be written on the back thereof by the chairman of the inspectors, or by an inspector designated by him. All ballots rejected as void, and all ballots protested as marked for identification, shall be enclosed in a separate sealed package, which shall be endorsed on the outside thereof with the names of the inspectors, the designation of the election district, and the number and kind of ballots contained therein. Such package shall be filed by the chairman of the board of inspectors with the original statement of the canvass. A statement of the number of ballots protested as marked for identification, and of the number thereof rejected as void, shall be included in each of the statements of the result of the canvass. If requested by any watcher, the inspector shall, during the canvass, exhibit any and all ballots cast at such primary election to such watcher, fully opened and in such condition that he may fully and carefully read and examine the same, but such inspector shall not allow any such ballot to be taken from his hand. Subdivision 2. Immediately upon the completion of such can- vass, the board of primary inspectors in each primary district shall make public oral proclamation of the result thereof, and shall make a written statement of such result for each election district in such primary district, and also a duplicate thereof, which shall be known as the duplicate statement. Immediately after the completion of such statements, such board shall file the original thereof with the custodian of primary records, and shall file the duplicate statement with the clerk of the city or village. In any county which contains a city or village to which this act is applicable and has territory greater than such city or village. the» Primary Election Law of 1899. 211 officers presiding at primary elections held in the political divi- sions of such county outside of such city or village shall file with the custodian of primary records immediately after the holding of every such primary election a sworn statement of the delegates and members of general committees elected thereat. Subdivision 3. At all reasonable times any watcher shall have reasonable opportunity to make a transcript of such statement, or any portion thereof, and any candidate shall be entitled to receive, upon demand, a written statement showing the result of the primary election so far as he is concerned. In the case of a primary election at which persons are elected to any con- vention or committee from election districts as the unit of rep- resentation, the board of primary inspectors shall, promptly after canvassing the vote, deliver to each of the persons who receive the largest number of votes as delegates to, or as mem- bers of, such convention or committee, or to the respective per- sons authorized in writing by them to receive the same, a certificate stating the total number of votes cast for the respective candidates and the number thereof received by such persons respectively. Such certificate shall be the evidence of the election of such persons, and shall entitle them and each of them to be placed upon the roll of, and be admitted to, such convention or committee. After the close of the canvass of the votes at pri- mary elections, the ballots cast thereat, except those rejected as void or protested as marked for identification, shall be replaced in the ballot-boxes from which they were respectively taken, and such ballot-boxes shall then be securely locked and sealed, and shall be returned to the officer from whom they were received, who shall safely keep the same; subject, however, to be produced upon the order of any court of record or judge thereof, for not less than thirty days after such primary election, and until all suits or proceedings before any court or judge toviching the same shall have been finally determined, when the ballots shall be removed and, without examination, destroyed. The cus- todian of primary records shall not be required to retain on file the enrollment books and other papers required to be filed with him by the board of primary inspectors for a period of more than three years unless otherwise directed by the district-attorney of the county or a judge or justice of a court of record. (Thus amended by chap. 207, L. 1905, in effect April 17, 1905.) Subdivision 4. The custodian of primary records shall forth- 212 Primary Election Law of 1899. with proceed to canvass the statements so filed (except so far as they relate to the election of deles^ates to conventions or mem- bers of committees from election districts as the unit of repre- sentation), and shall complete such canvass within seventy-two hours from midnight of the day on which the primary election was held. Such custodian shall thereupon prepare certified statements of the result of the primary elections of each party participating therein and shall make up the rolls of the conven- tions for which delegates were elected at such primary elections, so far as such conventions are to be made up of such delegates, and add thereto the names of any delegates entitled to act in such conventions from any of the political divisions of such county not included within any city or village to which this act is applicable, as contained in the statements filed with him pur- suant to subdivision two of section eight of this act, and shall promptly mail, and, if requested, deliver one copy thereof to the respective secretaries of the proper political committees of the several parties participating in such primary election. It shall be the duty of the custodian of primary records to prepare a cer- tified transcript of such statements, or any portion thereof, and deliver the same to any individual or political committee upon demand on payment of five cents for every one hundred words so certified. Wherever the custodian of primary records is a salaried ofiicer, the fees received by him for making such certi- fied transcripts, shall be paid into the public treasury. The sec- retary of any political committee shall be entitled to receive, upon demand, a certificate of the result of any such election in any unit of representation comprised within the territory within which such committee represents a party. Such custodian shall also promptly deliver upon demand to any person, who, by the state- ments so filed and canvassed, is shown to have been elected as delegate to a convention or a member of a committee, or to have been nominated as a candidate for public office, a cer- tificate of such election or nomination, as the case may be. Such certificate, or a duplicate thereof, shall be sufficient to entitle the person named therein to be admitted to the convention or committee to which he shall have been elected, and upon filing such certificate in the proper office and at the proper time prior to election day, a person nominated for public office at such primary election shall be entitled to have his name printed upon the official ballot of his party, as if he had been nominated in the manner provided in section fifty-six of the election law. Nothing herein contained shall be construed as preventing the holding of a convention prior to the receipt by the secretary of the proper political committee of the certificate provided for in this section, provided the roll of such convention shall be made up of those delegates who shall have been duly elected as shown by the origi- nal statements of the boards of primary inspectors in the various Primary Election Law of 1899. 213' election districts, and in the statements filed pursuant to sub- division two of section eight hereof. Duty of custodian is ministerial. The duty imposed upon the custo- dian of primary records by subdivision 4 of this section to deliver the certificate of nomination to the person who, by the statement filed and canvassed, is shown to have been nominated, is ministerial and not judi- cial, and he has no power to receive or act upon affidavits tending to ex- plain, vary or contradict such statement and he cannot therefore deter- mine that certain votes cast for a candidate having a similar name as one of the other candidates were intended for such other candidate. (People ex rel. Callahan v. Hunt, j-, App. Div. sy, 77 N. Y. Supp. 973.) Canvass of votes by board of elections in city of New York. The board of elections of the city of New York as custodian of primary records can- not be compelled by the Supreme Court to recount ballots returned by boards of primary inspectors as void and protested, and determine whether or not those ballots alleged to be lawful were counted, and, if not counted, add them to the returns and canvass them. The power of the board of elections in such matters is ministerial only. {Matter of Rush, 42 Misc. 70; 85 N. Y. Supp. 581.) § 9. Subdivision i. Committees, and rules and regulations of parties. — Subdivision one. Each party shall have a general committee for each county, except that in the city of New York there may be, in lieu of, or in addition to, a general committee for each county wholly therein, a general city committee or gen- eral borough committees, or both, as the rules and regulations of the party may prescribe, and except that in each city other than said city of New York, and cities of the first class, if it be desired by a majority of the members of such general committees elected from the wards of such city, there shall be for such city a city committee to consist of such members so elected from such wards, who shall have power to perfect their own organization under such rules and regulations as they may prescribe for the conduct of the affairs of such party affecting such city and the wards thereof. Any party may also have committees in and for such other political subdivisions as its rules and regulations may pre- scribe. All members of general committees, and assembly dis- trict and ward committees, chosen in or from cities of the first class except as otherwise herein provided, shall be elected at the primary elections, on the annual primary day of each year. In the other cities and villages to which this act is applicable, except as otherwise provided in this act, there shall be elected at the primary elections on such day either the members of all general committees elected from such cities or villages, or the members from such cities or villages of the conventions or committees by which members of the general committees are to be appointed, and in such cities and villages the rules of the party may deter- mine whether members of general cominittees shall be elected at primary elections or by conventions or committees the mem- bers of which shall be elected on the annual primary day as above provided, or by conventions or committees which shall have been 214 Primary Election Law of 1899. chosen by delegates who shall have been elected on the annual primary day as above provided. The times when committees elected at primary elections shall take office shall be determined by the rules and regulations of the respective parties, except that such time shall not be later than the first day of Janu- ary succeeding their election. On the day fixed by the rules and regulations, constitutions or by-laws of the party, the members of each general county committee or city committee shall meet and organize. They may proceed to make and adopt rules and regu- lations, but unless so adopted, the rules or regulations adopted bv the last preceding county or city committee of said party in said county or city shall remain in full force and effect until re- pealed or amended in accordance with the provisions of this act. Members of committees shall be apportioned among the various units of representation entitled to representation therein accord- ing to the rules hereinafter prescribed for the apportionment of delegates to conventions. Members of committees in villages shall be apportioned and shall hold office as shall be provided in the rules and regulations of parties. Each county or city com- mittee and the officers thereof shall have all the power and au- thority and shall perform all the duties, in respect to the nomina- tions of officers to serve at general elections, conferred upon the general committee, the county committee, the city committee, the executive committee, or the officers thereof, given to any party in such city or county by section twelve of the election law. ( Thus amended by chap. 167, L. 1901, and chap. 595, L. 1903.) Kemoval of member of general committea The members of a gen- eral committee of a political party cannot remove one of their members who has been duly elected as provided in the primary elections law, and a member whose removal has been attempted may be restored by mandamus. (People ex rcl. Coffey v. Democratic General Committee of Kings, 164 N. Y. 3T,s, revg 52 App. Div. 170.) Power to select election officers lies in general committee of party, and court will not interfere. (Matter of Sheehan v. McMahon, 44 App. Div. 63.) City committee of democratic party in Albany may fill every office m the committee not held and controlled by the rules of the general com- mittee of the county. (Wallace v. McCabe, 32 Misc. 336-) Filling vacancies. A general county committee may adopt a rule pro- viding that a vacancy in that body, created by a resignation of one of its members, shall be filled for the remainder of the unexpired term by a majority vote of the sitting delegates from the assembly district in whose delegation such vacancy occurred. (People v. Republican General Com- mittee. 63 App. Div. 438.) Effect of amendment of 1901 is to permit a city committee, organized by the members of the general committee of a county, elected from the several wards of the city, to fix the basis of representation of the several wards of the city in the city convention, different from that authorized by the county committee. (Matter of Wallace, 36 Misc. i ; 72 N. Y. Supp. 445) Subdivision 2. The rules and regulations of parties, and of the conventions and committees thereof, shall not be contrary to, or Primary Election Law of 1899. 215 inconsistent with, the provisions of this act, or of any other law, and shall not be amended except upon reasonable notice. Every political committee shall, within three days after its organization, file with the proper custodian of primary records a certificate specifying the names and addresses of its chairman and secretary, and shall within the same period of time after its adoption file with said custodian a transcript of every rule and regulation of said party in said county and of every amendment thereof duly certified in like manner. The rules and regulations of a party may prescribe the amount of annual dues to be paid by each member of such committee to such committee, for the purpose of defraying the expenses thereof, and may contain a provision precluding any member who may fail to comply therewith, from participating in the meetings of such committee. Rules of general committee, how amended. Rules adopted under this section cannot be amended except upon reasonable notice. Where the existing rules of the general committee provide that the executive com- mittee shall consist of one member from each assembly district, the gen- eral committee cannot decide the right of an assembly district to such membership, by having the right of the delegates of that district to mem- bership in the general committee contested, and then passing, without pre- vious notice, a resolution that one person from each uncontested assembly district shall constitute the executive committee. {People ex rcl. Garvey v. Democratic General Couunittce, 39 Misc. 724.) § 10. Conventions. — The delegates to every party convention in and for any political subdivision, chosen in any city or village to which this act is applicable, shall be apportioned among the units of representation in such city or village as nearly as pos- sible upon the basis of the number of votes cast therein for the party candidate for governor at the last preceding general elec- tion, except that in any county which is not wholly included within the boundaries of a city of the first class, the general committee of the party may, by its rules and regulations, con- tinue any existing system of representation in conventions. The general committee of any party may also by its rules and regu- lations apportion the voting power of the delegates to a conven- tion in accordance with such vote for governor. If the bounda- ries of any political subdivisions serving as units of representa- tion shall have been changed since the last preceding general election at which a governor was elected, the party vote for gov- ernor at such election within the limits of such newly constituted units of representation shall be estimated as closely as possible and the apportionment of delegates shall be made in accordance with such estimate. The room designated for the meeting place of any convention shall have ample seating capacity for all dele- gates and alternates. Every convention shall be called to ordei by the chairman of the committee with whom the call originates or by a person designated in writing for that purpose by such chairman, and such chairman or person so designated shall have 2l6 Primary Election Law of 1899, the custody of the roll of the convention until it shall have been organized. No convention shall proceed to the election of a temporary chairman or transact any business until the time fixed for the opening thereof has arrived and at least a majority of the delegates or respective alternates named in the official roll shall be present. The roll-call upon the election of temporary chair- man shall not be delayed more than one hour after the time specified in the call for the opening of the convention, provided a majority of the delegates are present. The temporary chair- man of the convention shall be chosen on a call of the roll, and as the name of each delegate is called he shall rise in his place and declare his choice for such officer. The person who calls the convention to order shall exercise no other function than that of calling the official roll of the delegates upon the vote for tem- porary chairman and declaring the result thereof. The commit- tees of a convention shall be appointed by the convention, or by the temporary chairman, as the convention may order. Unless the convention shall otherwise order, the permanent chairman shall be chosen on roll-call. The permanent officers shall keep the records of the convention, and, within forty-eight hours after the adjournment thereof, shall certify and file the same in the office of the custodian of primary records. Before entering upon their duties, the temporary and permanent chairman of every convention, and the chairman and members of any com- mittee on contested seats therein, shall respectively take an oath to faithfully perform the duties of their offices, which oath may be taken before any officer authorized by law to administer an oath, and shall form a part of, and be filed with, the records of the convention. Each convention shall decide all questions as to contested seats therein. All witnesses examined by or before such committee on contested seats shall be sworn by the chairman or a member thereof to tell the truth, the whole truth and nothing but the truth concerning the matters and things then being investigated by said committee. Any jus- :tice of the supreme court within the judicial district in which a ■convention is about to be held or any county judge of a county in which a convention is about to be held, shall have power, upon application in writing duly verified, stating the purpose and object thereof, to issue a subpoena to any elector applying therefor, requiring any person within the same county or city in which a convention is about to be held, to appear before such convention and testify before a committee on contested seats thereof when appointed concerning any matter which may be investigated by said convention or committee and to produce thereat public records or records of a primary election or a con- vention of the party of which such convention is about to be held. Such justice or judge shall issue such subpoena upon suffi- ■cient ground being shown therefor, but he may deny the applica- Primary Election Law of 1899. 217 tion if he deems it frivolous or scandalous. Witnesses attending pursuant to such subpoena shall be paid by the applicant the same fees which witnesses are entitled to receive upon trial of an action in a court of record. Any elector desiring to contest the right of any other elector to his seat in a convention shall file with the custodian of primary records a notice of such contest stating the name and residence address of the person whose seat is to be con- tested, at least forty-eight hours before the time fixed for hold- ing such convention; provided that if a convention is called to be held in less than forty-eight hours from the closing of the polls of the primary election such notice shall be served on the temporary chairman of the convention instead. It shall be the duty of said custodian of primary records to transmit a copy of such notice of contest to the person whose seat is to be contested, either by personal service upon him or through the mail, within twenty-four hours after the receipt of such notice. All oaths administered under the provisions of this act are hereby declared to be oaths required by law, and to be necessary for the ends of public justice. The rules and regula- tions of the party may prescribe the method of substituting dele- gates in conventions. No convention, composed of delegates elected in accordance with this act, shall be held until after the primary day on which delegates thereto or delegates to conven- tions to elect delegates thereto shall have been elected. Vacancies in delegation. — Where a political party has adopted a rule conferring power upon delegations to fill vacancies in the delegation, it is not improper for the chairman to call a meeting three hours before the convention, on written notice served on each delegate, and appoint sub- stitutes for delegates not appearing at that time, provided, however, that no regular delegate appearing at the convention itself is excluded from voting thereat. (Matter of Kennedy, 36 Misc. 721; 74 N. Y. Supp. 369.) Adjourned convention. — Where it appears that the chairman of a nomi- nating convention put a motion to adjourn, before the completion of a roll-call, and in spite of much noise, confusion and many protests, decides it to have been carried on a viva voce vote, it was held that there was no certainty that the motion was duly carried and that therefore a majority of the duly elected delegates and substitutes, who make affidavit that they voted against the motion, are entitled to continue the proceedings under a new chairman. (Matter of Kennedy, 36 Misc. 721 ; 74 N. Y. Supp. 369. ) § II. Jurisdiction of, and review by, the courts. — Any action or neglect of the officers or members of a political conven- tion or committee, or of any inspector of primary election, or of any public officer, or board, with regard to the right of any person to participate in a primary election, convention, or committee, or to enroll with any party, or with regard to any right given to, or duty prescribed for. any elector, political committee, political con- vention, officer or board, by this act, shall be reviewable by the appropriate remedy of mandamus or certiorari, as the case may require. In addition thereto, the supreme court, or any justice thereof within the judicial district, or any county judge within 2i8 Primary Election Law of 1899. his county, shall have summary jurisdiction, upon complaint of any citizen, to review such action or neglect. Such a complaint shall be heard upon such notice as the said court or justice or judge thereof shall direct. In reviewing such action or neglect, the court, justice, or judge shall consider, but need not be con- trolled by, any action or determination of the regularly consti- tuted party authorities upon the questions arising in reference thereto, and shall make such decision and order as, under all the facts and circumstances of the case, justice may require. For any of the purposes of this section, service of a writ of man- damus, certiorari, order or other process of said court or justice or judge thereof upon the chairman or secretary of such con- vention, committee, or board, shall be sufficient. Correction of mistakes. — An elector who, by mistake, wrote his name in the wrong party colnmn, when enrolling for the primaries, is not entitled, under this section, to an order requiring the police board to correct the mistake. (People ex rcl. Smith v. York, 34 Misc. 120; 68 N. Y. Supp. 741) Review of action of custodian of primary records. — The duty imposed upon a custodian of primary records to deliver a certificate of nomination to the person who is shown to have been nominated by the statement filed in his office is ministerial and not judicial. He cannot receive or act upon evidence tending to explain, vary or contradict such statement. The court cannot, in proceedings brought under the above section to review the action of the custodian in respect to such certificate, receive or consider such evidence. {Pcoflc ex rel. Calihan v. Hunt, 75 App. Div. 2>3'y 77 N. Y. Supp. g7?>-^ Mandamus to compel recognition as member of committee. — The general committee of a party in a county cannot be compelled by mandamus to recognize a person as a member of the committee and also as a member of the executive committee where it appears that such person has not been denied his rights as such member and no demand is made that any specific person should be recognized as such member. {People ex rcl. Garvey v. Democratic Committee, 175 N. Y. 415, aff'g 82 App. Div. 173; 81 N. Y. Supp. 784.) A justice of the Supreme Court sitting in Chambers cannot review the action or allege neglect of the mayor of a city in appointing certain elec- tion officers in such city under the authority granted by the above section. The designation of election officers is in accordance with section 12 of the Election Law, and the summary jurisdiction given to justices in the above section of the Primary Election Law only relates to the review of the action or neglect of a public officer or board with regard to a right given or duty prescribed bv that act. (Matter of McShane v. Murphy, 86 App. Div. 566; 83 N. Y. Supp. 1018.) Power of court — The Supreme Court may set aside the statement of a canvass of votes cast at a primary election fraudulently made by a board of inspectors, adjudge the true result, and direct the board to reconvene and make and file a statement of the result as so adjudged, and direct the issue of certificates of election to the candidates lawfully elected. (Matter of Rabbitt v. Garaud, 89 App. Div. 119; 85 N. Y. Supp. 473.) § 12. Nomination of candidates at primaiy elections. — In case the general committee representing a party in any city or vil- lage to which this act is applicable, or in a county wholly within any such city, or in a borough of any such city, shall adopt, by Primary Election Law of 1899. 219 a majority vote, a rule that the nomination of that party's candidates for specified pubHc offices to be filled wholly from such subdivision shall be made at the primary elections of the party, then so long as such rule remains in force, the nomination of that party's candidates, for the public offices specified in such rule, shall be made by the enrolled members of the party at the official primary elections of the party held on the annual primary day. Such rule shall be adopted at least thirty days prior to said annual primary day and published, in the manner in which notices of primary elections are required to be published by this act, at least twenty days before such primary election. In case nomina- tions for city or ward offices are made in primary election districts under a rule adopted as prescribed in this section, certificates showing the result of the votes for the several candidates for nomination in the several districts shall be made by the boards of inspectors thereof and filed in the office of the custodian of pri- mary records who shall determine from such certificates the per- sons nominated for such offices. (Thus amended by chap. 202, L. 1900.) § 13. Option to certain parties. — No party which, at the last preceding election of a governor, cast less than three percentum of the entire vote cast in the state for governor, shall be subject to the provisions of this act, unless on or before the first day of July, in any year, such party shall elect to come in under the same. The evidence of such election shall be a certificate filed by the chairman and secretary of the state committee of such party with the secretary of state and with the custodian of primary rec- ords for each city and village to which this act is applicable. In case such a certificate shall be so filed, the party on behalf of which it is filed, shall be subject to the provisions of this act on and after the first day of registration next succeeding, and thereafter its enrollment, primary elections, conventions and committees shall proceed in accordance therewith until such time as a certificate of its election to be no longer subject to the provisions of this act shall be filed with the officers above mentioned. Social Democratic party not having cast three per cent, of the entire vote for governor in 1900 is not subject to the provisions of the Primary Elec- tion Law. {Matter of Ward, 36 Misc. 727; 74 N. Y. Supp. 403.) i^ 14. Application of this act to cities of the third class and villages. — No city of the third class or village shall be subject to the provisions of this act, unless the general committee for the county in which such city or village is situated, of each party entitled to be represented by inspectors of election in such city or village, shall have adopted a resolution declaring that they desire to come in under the provisions of this act. and shall have filed, on or before the first day of July, in any year, a duly attested copy thereof with the secretary of state and with the 220 Primary Election Law of 1899. county clerk of such county ; or unless the electors of such city or village shall have voted at a general election to come in under this act. In such case such city or village shall be subject to the provisions of this act on and after the first day of regis- tration next succeeding, and the custodian of primary records shall provide the necessary enrollment books prior to such day. The question whether or not any such city or village shall come in under this act shall be submitted to the electors thereof whenever the general committee of either of said parties, for the county in which such city or village is situated, shall by resolution' request such submission and shall file a duly attested copy of such resolution with the secretary of state and with the county clerk, not less than sixty days before any general elec- tion, or whenever not less than sixty days before any general election the electors of any city or village to which this act is applicable equal in number to at least one-tenth of the votes cast therein at the next preceding election for state officers shall by a petition similar in form and manner of execution to the peti- tion required by the election law for independent nominations request the mayor of such city or the board of trustees of such village to submit the question whether this act shall be made applicable to such city or village to the electors thereof at a general election ; in either of which cases it shall be the duty of the proper council or board or other officers of such city or village to provide by ordinance, resolution or otherwise, for the submission of such question to the electors thereof at the next ensuing general election ; and such submission shall, so far as possible, be made in the manner now prescribed by law for submitting proposed amendments to the constitution of the state to the electors thereof. A similar procedure shall take any such city or village which has so elected to come within the provisions of this act out of such provisions and make them thereafter no longer api)licable to such city or village ; but if the decision to come under this act was made at a general elec- tion, such decision can be changed only at a general election. § 15. Repealing clause. — All acts and parts of acts incon- sistent with the ])rovisions of this act are hereby repealed, in so far as they apply to the parties and in the places to which this act is, or shall be applied ; except that nothing herein con- tained shall be construed as preventing the use of the existing original enrollment books at any primary election held prior to the first day of January in the year nineteen hundred, and said enrollment books shall continue and be used at all primary elec- tions held under the provisions of this act prior to that time, provided, however, that in case new enrollment books shall have been prepared by the custodian of jirimary records, pursuant to the provisions of subdivision nine of section three of this act, such new enrollment books shall be used at all such primary elections. Town Enrollment Act of 1902. 220a jj. 1902, Chap. 195? AN ACT to provide for the enrollment of members of political parties in towns. Became a law, March 21, 1902, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Application of act. — Section i. This act shall not apply to any of the counties embraced within Greater New York, nor to cities of the second or third class, nor to any village which shall be or become subject to the provisions of chapter four hundred and seventy-three of the laws of eighteen hundred and ninety-nine, entitled "An act to amend chapter one hundred and seventy-nine of the general laws of eighteen hundred and ninety-eight, en- titled 'An act in relation to the enrollment for political parties, primary elections, conventions and political committees,' relative to the enrollment for and holding of primary elections." In any county of the state, other than those embraced within Greater New York, it shall become applicable, and govern and control the enrollment of the members of any political party in the several towns of the county, except as above specified, from the first day of September, succeeding the adoption by a majority vote of the general committee of the party, which shall include the affirmative vote of a majority of all the members thereof elected from the towns of said county, and filing in the office of the clerk of the county, of a resolution in writing, declaring that the members of such party shall thereafter be enrolled as herein provided ; but shall not affect any primary election held prior to the first day of January next thereafter, and in any such county the general committee of any party to which this act may be so applicable, may similarly adopt and file a resolution re- scinding such declaration, and thereafter the application of this act in any such county shall cease. This act shall not apply to the counties of Allegany, Broome, Cattaraugus, Chautauqua, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Livingston, Madison, Montgomery, Nassau, Oneida, Onondaga, Orange, Orleans, Oswego, Otsego, Putnam, Rensselaer, Rock- land, Saint Lawrence, Saratoga, Schenectady, Schoharie, Schuy- ler, Seneca, Steuben, Suffolk, Sullivan. Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Westchester and Yates. 220b 'lowx Enrollment Act of 1902. Enrollment books. — § 2. In any county to which tfiis act shall so become applicable, the clerk of the county shall cause to be prepared, on or before the fifteenth day of September in each year, enrollment books to the number of two for each election district in the several towns of the county, which shall be so arranged that the names of all electors of the election district may be inscribed therein alphabetically. There shall be fourteen columns on each page. The first for the surnames of the elec- tors ; the second for the christian names of the electors ; the third for the word " yes ", if the elector be enrolled by the elec- tion inspectors upon their own knowledge ; the fourth for the name of any elector making oath to the party affiliation of any other elector ; the fifth for the name of the party with which an elector is enrolled ; the sixth for an entry to show enrollment by certificate ; the seventh for the record of any alteration of en- rollment, transfer, or striking from the enrollment the name of any elector ; the eighth for the word " voted ", in case the elector votes at the first official primary election of the year; the ninth for a record as to challenges, in case of challenge thereat ; the tenth and eleventh for similar entries, in case he votes at the second official primary election of the year; the twelfth and thirteenth for similar entries, in case there be a third official primary election, or an unofficial primary election ; and the four- teenth for any remarks not provided for in any of such other columns. Said books with proper instructions shall be deliv- ered by the said clerk to the election inspectors of the respec- tive election districts in said towns immediately before the first day of registration in each year. Entry in enrollment books ; duties of election officers. — § 3. It shall be the duty of the election inspectors of the respective election districts in said towns, on the days on which they shall prepare the register of electors in said election districts respect- ively, and at the same time, to enter in the said enrollment books the name of every elector registered by them, for the purpose of voting at such election, whose political affiliation shall be personally known to them, and after the name of each such elector to enter in the third column the word " yes " to indicate such enrollment by them, and in the fifth column the name of the party with which he is so enrolled, and if it shall be shown to them by any duly registered elector of such district, under oath, that any other elector so registered by them, whose party affiliation is not personally known to them, is actually affiliated with any party, it shall be their duty to enter the name of such other elector in said enrollment books and after the name of such elector, in the fourth column, the name of the elector so Town Enrollment Act of 1902. 220c making oath, and in the fifth cokimn the name of the party with which such elector shall testify that such other elector is affili- ated. At the close of the last day of registration the said in- spectors of election shall make and sign a certificate that said enrollment lists so prepared by them contain a correct and true statement of the names of all duly registered electors of said election district who are personally known to them to be affili- ated with any political party, or who may have been shown to them, by the oath of any duly registered elector, to be so affili- ated with any party, and within twenty-four hours thereafter the chairman of said board of election inspectors shall file one of said enrollment lists with the town clerk of the town containing such election district, and the other of said enrollment lists with the said county clerk. The town clerks of the several towns shall at all times keep on file the blank forms described in sec- tions four, five and six hereof in sufficient quantities for the use of the electors of the town. Special enrollment ; statement to be filed ; chajige of party ; when name to be stricken from list. — ^ 4. At any time prior to July first thereafter, except during the thirty days preceding a pri- mary election day, any elector who was so duly registered as an elector in any of said towns, but who was not enrolled with any party, mav become specially enrolled in, and have his name added to, the enrollment list so filed with the county clerk of any party in the election district in which he then resided and still resides, by making and acknowledging before any officer authorized by law to take the acknowledgment of deeds to be recorded in this state, and filing or causing to be filed with the said county clerk, a statement embodying a declaration in the following form: " I, ( ) do solemnly declare that I reside in ( .) and am a duly qualified elector of the ( ) election district of said town. That at one of the last preceding days of registration I was duly registered as an elector in said election district, but was not enrolled, and I request that I be specially enrolled with the ( ) party. That I am in general sympathy with the principles of the ( ) party. That it is my intention to support generally, at the next general elec- tion, the nominees of such party, and that I have not been en- rolled with, nor participated in, any primary election or conven- tion of any other party since the first day of last year." And any elector in any of said towns who has been so enrolled with any party, but who has been enrolled with a party other than that with which he is actually affiliated, may have his party affilia- tion changed upon the enrollment list so made, by striking out the name of the party with which he is so wrongfully described to 22od Town Enrollment Act of 1902. be affilated and inserting the name of the party with which he may declare he is affihated, by similarly making, acknowledging and filing or causing to be filed a similar statement in all re- spects, except that he shall declare that he was so wrongfully enrolled and request that his party affiliation be so changed. And any elector in any of said towns who has been so enrolled with any party but who desires to be not enrolled as affiliating with any party, may have his name stricken from the enrollment list as so made, by similarly making, acknowledging and filing or causing to be filed a statement, embodying a declaration in the following form : " I, ( ) do solemnly declare that I reside in ( ) and am a qualified elector of the ( ) election district of said town. That at one of the last preceding days of registration I was duly registered as an elector in said election district and was enrolled with the ( ) party, and I request that my name be stricken from said enrollment list and be not borne thereon as affiliated with any party." Upon the filing of any such statement, the said county clerk shall cause the request contained in such statement to be complied with, by adding the name of the elector, by changing the party affiliation, or by striking out the name of any enrolled elector, as the case may be, in the enroll- ment list filed with him for the proper election district and re- cording in the proper column thereof the reason therefor. Enrollment of voters who become of age after preceding elec- tion. — § 5. Any elector in any of said towns who shall have become of age after the last preceding general election, may at any time other than during the thirty days next preceding a primary election day, become specially enrolled in, and have his name added to, the enrollment list so filed with the county clerk, of any party in the election district in which he resides by simi- larly making, acknowledging and filing or causing to be filed with the county clerk a statement embodying the declaration first set forth in the last section, except that instead of the words indicating that the elector was registered on one of the last preceding days of registration but was not enrolled, words indi- cating that he has become of age since the last preceding gen- eral election shall be used. Upon the filing of such statement, the said county clerk shall enroll such elector in the enrollment list filed with him for the proper election district and shall record in the proper columns thereof the name of such elector, the party with which he is enrolled, the fact and date of such special enrollment, and the fact that he has become of age since the last preceding general election. Town Enrollment Act of 1902. 22oe Effect of change of residence. — § 6. If after being- enrolled as a member of a party in one election district, either by original enrollment or by transfer, an elector shall move into another election district in said county, he may at any time between the first day of January of any year and the thirtieth day before any primary election day, become enrolled therein as a member of the same party, by making, acknowledging and filing, or causing to be filed, with the county clerk, a statement specifying- the name of the party with which, and the election district in which, he is enrolled, and the election district into which he has re- moved, and stating that he resides in the last mentioned election district and desires to be enrolled therein as a member of such party. Upon the filing of such statement, the said county clerk shall enroll the name of such elector in the enrollment list filed with him for the proper election district, specifying the district from which he is transferred, and shall also make a minute, oppo- liite the entry of his name, in the enrollment list filed with him of the election district from which he has removed, showing the election district to which his name is transferred. County clerk to compile enrollment lists. — § 7. The said county clerk shall annually thirty days prior to each primary election day, from the said enrollment lists so filed with him, compile enrollment lists for each party to which this act shall then be applicable, of all the enrolled electors of such party in each of the towns of said county, and annex thereto a certificate, under his hand and seal, that the same is a correct and true transcript from the enrollment lists of such party so filed with him, and the changes and alterations therein, of the several election dis- tricts comprising such town, and deliver one set of each such lists to the chairman of the general committee of each such party. Such enrollment lists shall conform in all respects to the form of the enrollment lists so filed with him, and all entries in such original enrollment lists shall be shown thereon, except that the names upon such lists shall be arranged in alphabetical order, and each such list shall contain all the names of the duly enrolled electors of such party in the town to which it appertains. Enrollment lists, when to take effect. — § 8. The enrollment lists prepared by the election inspectors and so filed with said county clerk shall go into effect on the first day of January fol- lowing the days of registration on which they were begun, and shall, with any additions or alterations made as herein provided remain in force until the first day of the following January, when they shall be superseded by the new enrollment lists, begun as herein provided. 22of Town Enrollment Act of 1902. Who may be enrolled. — § 9. Only electors who were duly regis- tered or who shall have become of age after the last preceding general election, shall be entitled to be enrolled. Only electors duly enrolled as herein provided shall be entitled to participate in the primary elections of the party to which this act shall then be applicable, and no elector so enrolled shall take part in any primary election of any party other than the party with which he shall at the time be so enrolled. Lists and statements public records; duties of county olerk. — v< 10. The enrollment lists herein provided, and any statements filed relating thereto, shall be public records and open for in- spection and copying at any time by any person. It shall be the duty of the said county clerk to certify to the correctness of any transcript of any such enrollment lists, or of any part thereof, on the payment of one cent for every twenty names contained therein, and the fees received by him therefor shall be paid to the county treasurer except in counties where the county clerk is not a salaried officer. And the said county clerk shall give to any elector enrolled or transferred as herein provided, a cer- tificate of enrollment or transfer, upon request, which shall specify the name of the party with which he is enrolled, the date of enrollment or transfer, and the election district from which such elector is enrolled or to which he has been trans- ferred. Primary elections, how conducted; challenges. — § 11. Primary elections in the said towns, notice thereof, and the manner and method of conducting the same, shall continue to be held and governed in the manner provided by law and the rules and regulations of the general committees of the respective parties in said county, except as herein provided, and except that any enrolled elector may be challenged at any time before his ballot is cast, and upon such challenge the chairman presiding at such primary shall forthwith put to him, on oath or affirmation, the following questions : Are you (using the name by which he is enrolled) ? Do you reside, and have you for thirty days past, resided in the town of (naming the town containing the election district in which he is enrolled) ? Are you affiliated with, and do you intend generally to sup- ])ort the candidates of the party (naming the party holding the primary at which such elector offers to vote)? And unless all of such questions be answered in the affirmative, the vote of such elector shall, notwithstanding his enrollment, be rejected. Town Enrollment Act of 1902. 220g The said general committees may make and provide such further rules and regulations as may be necessary to give effect to this act. Review of action of county clerk. — § 12. Any action or neglect of any inspector of election, or of the said county clerk, with regard to the proper enrollment of any person as herein pro- vided, shall be reviewable by the proper remedy of mandamus or certiorari, as the case may be, and in addition thereto the supreme court, or any justice thereof, within the judicial dis- trict containing the county or the county judge or special county judge of said county, shall have summary jurisdiction, upon complaint of any citizen, to review such action or neglect, and such court, justice, judge, or special county judge, may consider, but need not be controlled by, any action or deter- mination of the regularly constituted party authorities upon the questions arising in reference thereto, and shall make such de- cision or order as, under all the facts and circumstances of the case, justice may require. Expense a town charge. — § 13. The expenses of making such enrollment lists shall be charged respectively upon the towns for whicli the same are made. Misdemeanor. — § 14. Any person violating any of the provi- sions of this act shall be guilty of a misdemeanor. Action by county committee; first enrollment. — §15. In any county to which this act may apply as provided in section one hereof, it may be made applicable to all primary elections of a party to be held in the towns therein subsequent to July first, nineteen hundred and two, by the adoption by the general committee of the party and the filing thereof as provided in section one, within twenty days after this act takes effect, of a resolution declaring that the members of such party shall be enrolled for the primary elections to be held in such county during the year nineteen hundred and two, and thereafter, as provided in this act. And for the purpose of holding such pri- mary elections during the present year there shall be a special enrollment day upon the second Tuesday in May, nineteen hun- dred and two, upon which day the election inspectors shall meet in the respective places where the last general election was held, or if the same be impracticable, in such places as shall be provided in the same manner as places for holding general elections are now provided, and proceed to make an enrollment of the electors in their several election districts in the manner herein provided, for which purpose the county clerk shall fur- nish them with the necessary enrollment books and instructions. 22oh Town Enrollment Act of 1902. and the same procedure shall be had with reference to additions or alterations therein as is herein provided for the enrollment books begun upon the regular days of registration. And the enrollment lists so filed and prepared by said county clerk, with the additions and alterations therein, shall become and be the enrollment lists for such official primary elections of such party for the present year ; and thereafter shall be superseded by the regular enrollment Hsts of such party begun and completed as hereinbefore provided. § 16. This act shall take effect immediately. FORMS FUR PRIMARY LAW. FOBM No. 1. (See { 3, sub. 4.) Statement and declaration for special enrollment. Albany, N. Y., , 1899. " I, (naming the elector) do solemnly declare that I reside at (.speci- fying his residence address), and am a qualified voter of the (specifying the number) election district of the (specifying the number) assembly district (,ur ward) m the city (or village; of (naming it); that at one of the last four preceding days of registration I registered as a voter, in the said election district, but did not enroll, and I request that I be specially enrolled with the (naming it) party; that I am in general sympathy with the principles of the (naming it) party; that it is my intcniion to support generally at the next general election, state or national, the nominees of such party for state or national offices; and that I have not enrolled with or participated in any primary election or convention of any other party since the first day of last vea-. The word ' party ' as used herein means a political organization which at the last preceding election of a governor polled at least ten thousand votes for governor." (Signed) STATE OF NEW YORK, ) County of , j-^"^-* On this day of , 1899, before me personally came , to me known to be the person described in. and who executed the foregoing statement and declaration, and he acknowledged to me that he executed the same for the purposes therein mentioned. Notary Public. FORM No. 2. (Bee i 3, sub. 6.) Statement for enrollment into another election district. I , for the purpose of being enrolled in another election district, hereby make the following statement: I am now en- rolled with the party in the election district of the ward (or assembly district) of the city (or village) of and having moved into the election district of the ward (or assembly district) of the city (or village) of and now residing in the last-mentioned district desire to be enrolled therein as a rr-.ember of the party. (Signed) STATE OF NEW YORK, > ^ . County of , ' On this day of , 1898, before me personally came , to me known to be the person described in, and who executed the foregoing statement, and he acknowledged to me that h« executed the same for the purposes therein mentioned. Notary Public. 222 Forms for Primary Law. FOBM No. 3. (See i 3, sub. 5.) Statement and declaration of elector who has become of age aftef last preceding general election. Albany, N. Y., , 1899. " I, (naming the elector) do solemnly declare that I reside at (specify- ing his residence address), and am a qualified voter of the (specifying the number) election district of the (specifying the number) assembly district (or ward) in the city (or village) of (naming it); that I have become of age since the last preceding general election, and I request that I be specially enrolled with the (naming it) party; that I am in gen- eral sympathy with the principles of the (naming it) party; that it is my intention to support generally at the next general election, state or national, the nominees of such party for state or national offices; and that I have not enrolled with or participated in any primary election or convention of any other party since the first day of last year. The word ' party ' ?,s used herein means a political organization which at the last preceding election of a governor polled at least ten thousand votes for governor." (Signed) STATE OF NEW YORK, i^. County of , ' On this day of , 1898, before me personally came , to me known to be the person described in the foregoing statement and declaration, and he acknowledged to me that he executed the same for the purposes therein mentioned. Notary Public (or member of board of election inspectors). The acknowledgment may be made before any member of the board of election inspectors or before any officer authorized to take the acknowledg- ment of deeds. Forms for Primary Law. FOBM No. 4. (0M I 8. sub. 9.) Certificate of enrollment. 233 STATE OF NEW YORK, County of , ? ss. : I, , custodian of primary records in and for the city (or village) of , do hereby certify that was duly enrolled as a member of the party on the day of , 1898, in and for the election district of the ward (or assembly district) of the city (or village) of Witness my hand at the city (or village) of , this day of , 1898. Custodian of Primary Records. FOBM No. 6. (See S 3. suti. 9.) Certificate of transfer. STATE OF NEW YORK, > ^ . County of . ' I, , custodian of primary records in and for the city (or village) of , do hereby certify that , a duly enrolled member of the party, was on the day of , 1898, transferred from the election district of the ward (or assembly district) of the city (or village) of to the election district of the ward (or assembly district) of the city (or village) of Witness my hand at the city (or village) of , this day of , 1898. Custodian of Primary Records. FOBM No. 6. (See $ 4, sub. 4.) Certificate of chairman of general committee as to coming elec- tions, etc. STATE OF NEW YORK, ) ^ . County of Albany, ' I, , chairman of the general committee of the party of the county of , do hereby certify that the following is a true and correct list and statement of the conventions, committees and 16 224 Forms for Primary Law. officers for which delegates (members or candidates, as the case may be) are to be elected at the oiricial primary election to be held on the day of , 1898, and the number of delegates to conventions, and members of committees to be elected in each unit of representation. (Here Insert full list and statement.) Witness my hand at the city (or village) of , this day of , 189S. Chairman of General Committee. (To be filed at least twenty days before each official primary day.) FOBM No. 7. (See § 5, sub. 2.) Appointmeiit of inspector to fill vacancy at meeting of board of primary inspectors. There being a vacancy in the board of primary election inspectors for the election district of the ward (or assembly district) of the city (or village) of , held by , I (or we), pursuant to the provisions of the primary law, hereby appoint , a qualified elector of the district and of the same political party as the absent inspector to fill such vacancy. Dated this day of , 189 . (To be filed with returna.) Inspectors of Election. FOBM No. 8. (See § 5, sub. 2.) Appointment of elector to act as member of board of primary inspectors by inspector. , one of the inspectors of election of the election district of the ward (or assembly district) of the city (or village) of , not being present at the meeting of the board of primary inspectors held this day, I (or we), pursuant to the primary law, do hereby appoint , a duly qualified elector of the said election district, and a member of the same political party as the absent inspector, to act as a member of the board of primary inspectors in place of until he or his duly appointed successor shall appear. Dated this day of , 189 . (To be filed with returns.) Inspectors of Electton. Forms for Pfumary Law. 225 FORM No. 9. (See § 6. aub. 2.) Designation by electors to fill vacancies in boards of primary inspectors. The offices of all the inspectors of the election district of the ward (or assembly district) of the city (or village) of , being vacant, we, the undersigned, qualified voters of said districti present, pursuant to the provisions of the primary law, do hereby designate and , duly qualified voters of the said district, and respectively members of the same political party as the absent inspectors to fill such vacancies. Dated this day of , 189 . (Should be signed by not less than ten duly qualified electors and filed with retuma.) FORM No. 10. (See § 5, sub. 2.) Designation by electors of persons to act as members of board o£ primary inspectors. All the inspectors of election of the election district of the ward (or assembly district) of the city (or village) of , not appear- ing within one hour after the time fixed by law for the opening of the meeting of board of primary inspectors to be held this day, we, the under- signed, duly qualified electors of said district, hereby appoint to act in the place of , and to act in the place of , the said persons so appointed being respectively members of the same political party as the absent inspectors, until such absent inspectors, respectively, appear. Dated this day of , 189 . (To be signed by not less than ten duly qualified electors and filed with returns.) The following are the provisions of the election law as to filling of vacancies at meeting of inspectors: " If at the time of any meeting of the inspectors there shall be a va- cancy in the office 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 with- out pay. If at any such time, the offices of all inspectors are vacant, or no inspector shall appear within one hour after the time 6xed by law for the opening of such meeting, the qualified voters of the district 226 Forms for Primary Law. 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 inspectors, respectively, until the absent inspectors respectively appear. If at any time there shall be a vacancy in the office of any poll clerk or ballot clerk, or if any poll clerk or ballot clerk shall be absent from such meeting, the inspector or inspectors present 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 desig- nated to act as an inspector, poll clerk or ballot clerk shall take the con- stitutional and statutory oaths as prescribed by the election law." {Ex- tract from § 14, Election Law.) 70BM No. 11. (See i 5. sub. 2.) Oath for election officera. STATE OF NEW YORK, ) ^^ . County of Albany, > I do solemnly swear I will support the constitution of the United States and the constitution of the state of New York, and that I will faithfully discharge the duties of the office of inspector of election and of primary election officer, and all duties prescribed by the primary election law, according to the best of my ability. I do further solemnly swear (or affirm) that I will not in any manner request or seek to persuade, or induce any elector to vote any particular ticket, or for any particular candidate, and that I will not keep or niake any memoranda or entry of anything occurring within the booth, and that I 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 I may be callefl upon to testify in a judicial proceeding for a violation of the election \aw or primary election law. (Signature of Appointee) Sworn and subscribed to this day ) of September, 1898, before me. > 70BM No. 12. (See i 7. BUb. 2.) Oath and questions upon challenge at primaries. When any enrolled elector shall be challenged, the chairman, or one of the members of said board, shall forthwith put to him the oath or affirma- tion: "You do swear (or affirm) that you will fully and truly answer Forms for Primary Law. 227 such questions as shall be put to you touching your right to participate in this primary election." After taking the oath the following questions shall be put to him, and he shall be allowed to vote if, and only if, he shall make such oath or affirmation, and shall answer in the affirmative, each of the following questions: Are you (using the name which he has given as his name)? Do you reside, and have you, for thirty days last past, resided at (giving the address which he has given as his residence)? FOBM No. 18. (See S S, subs. 1 and 2.) Sample. Board of primary inspectors' returns and statement of canTass..^ Original official statement of the result of a (primary) election held on the day of , 1898, in the primary district of the ward (or assembly district) of the city (or village) of , State of New York, made by the board of primary inspectors of election in and for said district, which return is made as provided in section eight of the primary law. Return of Ballots Voted. I. The whole number of ballots actually voted, as shown by the enrollment book, was (four hundred and eighty-five) 485 a. The number of 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 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 package returned herewith, and on each of which ballot is indorsed the reason for such rejection, were (ten) 10 4. The number of 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 identi- fication), were (four hundred and seventy) 470 5^ The total number of ballots accoimted for by us is 485 *. 228 Forms for Primary Law. Statement and Return of the Votes for the Office of . I. The whole number of ballots cast on which votes were counted for any candidate for such oflfice was (four hundred and seventy) 47O a. The number of ballots cast and counted on which there was no vote for the office of ( ) were (ten).. 10 3. The whole number of ballots on which votes were counted for the office of ( ) was (four hundred and sixty) 460 4. Of which (John Doe) received (three hundred and fifteen) 315 5. (Richard Roe) received (one hundred and forty-five) 145 Total 460 (Proceed with other offices.) The number of general ballots " protested as markejd for identifica- tion " (all of which are in the sealed package returned herewith together with the void ballots) each of which have been indorsed by us " protested as marked for identification," the mark or marking to which objection was made being specified upon the back of each such ballot, and all of which were counted for the several candidates voted thereon in the fore- going returns, were (three) 3 But such number does not include any ballot which was rejected by us as void. Such void ballots are included in our return as " void " ballots on which no vote for any candidate was counted and are marked upon the back thereof " void " and indorsed with the reason for so de- claring them. They are in the sealed package returned herewith together with the ballots " protested as being marked for identification," We certify the foregoing statement is correct in all respects. Dated this day of , 1898. Board of Primary Inspectors. NoTB.— A similar certificate is to be made at the bottom of each sheet ot half sheet of this return. A duplicate copy of the orifjinal statement and return is to be made. The original to be filed with the custodian of primary records and ihe duplicate (tatement with the clerk ot the dty or village. Forms for Primary Law, 229 FORM No. 14. [S%e § 8, sub. 2.) Proclamation of result. " Hear ye! hear ye!! hear ye!!! The whole number of votes given for the office of , found in the box just canvassed, was 1,090; of whicla number there were given for said office, for James W. Bentley, 595; for Isaac La Grange, 362; for Joseph S. Martin, 153" (naming each person voted for for the office of , and the number of votes given for him for that office). Proceed on with the votes given for the diflferent candidates. FORM No. 15. (See § S, sub. 3.) Primary board of inspectors' certificate of election of delegates to, or members of, a convention or committees. STATE OF NEW YORK, City (or Village) of i ss.: We, the board of primary inspectors of the election district of the ward (or assembly district) of the city (or village) of , do hereby certify that the following is a true and correct statement of the total number of votes cast for the respective candidates for the office of and the number thereof received by such persons respec- tively, at the primary election held in said district on the day of , 1898. The whole number of votes cast for the office of was of which received votes; received votes; received votes. Blank and rejected votes. Witness our hands at the city (or village) of , this day of , 1898. Board of Primary Inspectors. 230 Forms for Primary Law. PORM No. 16. (See § 8, sub. 2.) Statement of delegates and committeemen elected outside of cities and villages. STATE OF NEW YORK. ) ^^ . City (or Village) of ' We. the presiding officers of the primary election held in the town of , in the county of , on the day of , 1898 do hereby depose and say that the following is a true and correct statement of the delegates and members of the general committees of the county of , elected at such primary. (Here insert names, etc.) Presiding Officers. Severally subscribed and sworn to before me, ) this day of . 1898. ) Notary Public. FOBM No. 17. (See S 8. »ub. 4.) Custodian of primary records' statement o* result of primary^ elections. STATE OF NEW YORK, ) ^^ . County of , > I, , custodian of primary records in and for the city (or village) of , having canvassed the original state- ment of boards of primary inspectors filed with me in the manner di- rected by law, do hereby certify as follows, to wit: That it appears upon such canvass that the whole number of votes given for the office of was of which received votes; received votes; received votes. Witness my hand, at the city (or village) of , this day of , 1898. Custodian of Primary Records. Forms for Primary Law. 231 FORM No. 18. (See S 8, sub. 4.) Certificate of nomination by custodian of primary record«. STATE OF NEW YORK, ) ^^ . County of , ' I, , custodian of primary records, do hereby certify accord- ing to the original statements of canvass of the result of the primary elections held in the of the on the day of in the year 1898, filed with me in the manner directed by law, that was duly nominated as a candidate for the office of Witness my hand, at the city (or village) of , this day of , 1898. Custodian of Primary Records. FOBM No. 19. (See § 8, Bub. 8.) Certificate of election by custodian of primary records. STATE OF NEW YORK, County of > ss. : I. , custodian of primary records, having canvassed the whole number of votes cast for the office of , at the primary elections held in the several districts of said on the day of , 189 , according to the original state- ments of the said votes filed with me, in the manner directed by law. do hereby certify that was by the greatest number of votes cast at the said election duly elected a Witness my hand at the city (or village) of , this day of , 1898. Custodian of Primary Records. 232 Soldiers and Sailors' Election Law. ClTLap. 674. AN ACT to provide the manner in which, and the time and place at which the qualified voters of the state absent from their re- spective election districts, in time of war, in the actual military service of this state or of the United States, in the army or navy thereof, may vote; and for the return and canvass of their votes in the election districts in which th«y respectively reside, and making an appropriation therefor. fieoame a law July 16, 1898, with the approval of the Oevernor. Passed, three fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Time of election. — Whenever, in tim« of war, any qualified elector of this state shall be in the actual military ser- vice of this state or of the United States, in the army or navy thereof, and by reason thereof absent from his election district, such absent elector shall be entitled to vote as fully as if he were present at his place of residence in the manner hereinafter provided. § 2. General register of absent electors. — It shall be the duty of the secretary of state to prepare and make a general register in which shall be enrolled in alphabetical order the names of the electors of this state absent from their respective election districts in time of war in the actual military service of this state or of the United States in the army or navy thereof. Such general register shall contain the name and residence, by street and number if any, the name of the county and city or town in which each such absent elector resides, so far as he can ascertain the same. It shall also contain the name or number or other designation of the regiment, company, troop, vessel or other command to which each such absent elector is attached or assigned, and the locatiou of such command at the time of such entry, so far as he can ascertain the same. In order to secure Soldiers and Sailors' Election Law. 233 the necessary information to make and complete such general register, it shall be the duty of the secretary of state to prepare proper blanks and forward the same to the commanding officer of each command in which there are any such absent electors of this state, to be filled out with the necessary information, attested by him, and returned forthwith, securely sealed, to the secretary of state. Such general register shall be a public record and shall at all reasonable times be open for inspection by any elector of this state. It is hereby made the duty of every public officer, and of every citizen, to render such assistance and information as he may possess, to the secretary of state, of all the facts relating to such absent electors; and any person who shall refuse so to do, or wilfully furnish false information in reference to such absent electors, shall be deemed guilty of a felony and shall, upon con- viction thereof, be punished by imprisonment in a state prison for not less than one year nor more than three years. § 3. Poll-books and oaths. — It shall be the duty of the secre- tary of state to cause to be prepared and printed in book form a sufficient number of poll-books, at least two books for each poll, for the use of the inspectors of election at the polls of the elec- tions held under the provisions of this act. Such poll books shall be in the general form of those prescribed for use at elections in this state, omitting all columns except those for the number, name and residence of each elector, so arranged that there can be entered therein, in addition to such entries, in separate col umns, the name of the county and city or town in which the per- sons voting at such poll reside or claim to reside; and also the designation of the particular command to which each such per- son is attached or of which he forms a part. Upon the first page of each such poll-book shall be printed the date and character of the election for which it is prepared, and blank spaces in which shall be written by the inspectors the place at which the poll was held, and the names and residences of the persons acting as in- spectors of election thereat. Upon the page, following the last page of each such poll-book used for recording the names of voters at such poll, shall be printed a blank certificate, to be 234 Soldiers and Sailors' Election Law.' signed by the inspectors of election at the close of the polls. Such certificate shall be substantially in the following form: " We, the inspectors of election for the general (or special) election held at (here follows the name of the place) on the day of 18. . . , do hereby certify that the names of the persons enrolled herein as having voted at such election, such persons numbering in all (here follows the num- ber in figures and words) are all the persons who appeared before us and demanded to vote at such election, and took the oath required, and who voted at such election. Inspectors of election.* Such poll-books shall also contain the oaths for the inspectors of election provided in section ten hereof. § 4. Official ballots. — It shall be the duty of the secretary of state to cause to be prepared and printed at least twice as many official ballots in the form hereinafter prescribed as there are elec- tors absent from- their respective election districts as shown by such general register. Each such official ballot shall be six inches wide and of such length as to allow one-quarter of an inch for the title of each office printed upon the face thereof and one- half inch for the name of each candidate for such office as the elector may lawfully vote for and one-half inch for the title of each class of offices. Each class of offices shall be separated by a solid black line one-eighth of an inch in depth running across such ballot. All such ballots shall be uniform in size and style of type used and shall contain the titles of all offices, as near as may be for which any elector may vote in any election district of the state at such election. The type and paper for such bal- lots shall conform generally to that used for the official ballots prescribed by the election law of this state. Such ballot shall b« printed in substantially the following form: Soldiers and Sailors^ Election Law. STATE OFFICES. For Governor. For Lieutenant-Governor. 235 JUDICIAL OFFICES. For Associate Judge of the Court of Appeals. For Justice of the Supreme Court for Judicial District. ■■^■■i^MiirHiiiMfiitaiitmimB^^ LEGISLATIVE OFFICES. For Representative in Cougrftss for Congressional District. For State Senator for Senate District. For Member of Assembly for District of County COUNTY OFFICES. For Sheriff of County. For District Attorney of Coanty. CITY OFFICES. For Mayor of the City of WARD OR TOWN OFFICES. For Suptrvisor of Ward or Town of.. .- For Justice of the Peace, Town of.... ........ .«•. ELECTION DISTRICT OFFICES. For Inspectors of Election for Election District, Town of . 2^5 Soldiers and Sailors' Election Law. Upon the back of each such ballot shall be printed the words: "OFFICIAL WAR BALLOT For the general (or special) election, held Novemher , 18 " § 5. Provision for official envelope. — He shall also cause to be prepared and printed at least twice as many official envelopes as there are electors absent from their election districts, as shown by such general register. Such envelopes shall be gummed, ready for sealing. Upon one side of such envelope shall be printed in substantially the following form the fol- lowing: OFFICIAL WAR BALLOT FOR General Election, November , 189 . Name of Elector Residence (street and number, if any) County of City or Town of Secretary of State. Upon the other side of such envelope shall be printed the fol« lowing oath: ''OATH OF ELECTOR." " I do swear (or affirm) that I have been a citizen of the United States for ninety days and am now of the age of at least twenty- one years, or will be on the day of , 18. . ; that I will have been an inhabitant of the state of New York for one year next preceding this election and for the four months preceding such election a resident of the county of , and am a qualified elector, residing at (street and number, if any) , in the (city or town of) ; that I am in the actual military (or naval) service of the state of New York or of the United States, and at present attached to (here state the Soldiers and Sailors' Election Law. 237 particular command to which attached); and that I have not received or offered, do not expect to receive, have not paid, of- fered 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 I have not made or become directly or indirectly inter- ested in any bet or wager depending upon the result of this elec- tion, and that I have not been convicted of bribery or any infam- ous crime, or, if so convicted, that I have been pardoned and restored to all the rights of a citizen." If at such election any proposed amendment to the constitution or other proposition or question is to be submitted to the vote of the electors of the state, the secretary of state shall furnish an equal number of ballots for questions so submitted in the form prescribed by section eighty-two of the election law, which shall be properly endorsed, as a war ballot. § 6. Delivery of official war ballots, poll-books and en- velopes.— The secretary of state shall cause to be delivered to the commanding oflScer of every command in which ten or more elec- tors of this state are included, absent from their respective elec- tion districts in time of war in the actual military service of this state or the United States in the army or navy thereof, a suffi- cient number of official war ballots of each kind and official envelopes; at least twice as many as there are such electors in such command; and two poll-books for the use of such electors at each poll of each election held under the provisions of this act. Such official war ballots, poll-books and envelopes shall be delivered in time for use at the election for which they are prepared, in such manner and by such means as shall in the judgment of the secretary of state be deemed best suited to secure their safe and timely delivery for the use of the electors at the election for which they have been prepared. § 7. Lists of nominations. — It shall be the duty of each county clerk or board with whom or which certificates of uomina- 238 Soldiers and Sailors' Election Law. tions of public oflSce are filed to cause a certified list of such nominations to be forthwith forwarded by mail to the secretary of state, including the name and rt^sidence of each such nominee together with the title of the office for which he is nominated and the party or other political name specified in such certificates of nomination. It shall be the duty of the secretary of state after the receipt by him of such certified lists of nominations to com- municate so far as practicable, to each commanding officer of any command having therein ten or more electors of this state absent from their respective election districts in time of war, in the actual military service of this state or the United States in the army or navy therreof, the name and residence of each person named in any certificate of nominiation so certified by a county clerk or filed in the office of the secretary of state, together with the title of the office for which he is nominated and the party or other political name specified in such certificates of nominations; and upon receipt thereof each such commanding officer shall cause such information to be posted in a conspicuous place for the information of such absent electors in his -command. § 8. Polls of election. — Polls of an election held under the provisions of this act shall be opened on the day of such election at the quarters of the captain or other commanding officer of any company, troop or other command in the military service of tMs state or of the United iStates in the army or navy thereof, if the same be composed in whole or in part of electors of this state. All qualified electors of this state in such command may vote at such poll. Officers and enlisted men, electors of this state, attached to or forming part of a command having therein leas than ten such electors, or who shall be detached by military order and absent from their command, may vote at such other 'poll as may be most convenient for them. § 9. Opening of the polls, — Any election held under the pro- visions of this act shall be held upon the day of the general or special election in this state, or on any secular day within twenty days next prior thereto, such prior day to be fixed by the com- BQianding officer of any command where the poll or polls for such Soldiers and Sailors' Election Law. 230 election shalJ be held, by proclamation duly made; provided, how- ever, that if by reason of the exigencies of war such election can- not be held in any of the polls herein provided on the day so fixed, such election may be held on the next day practicable there- after upon like proclamation of the commanding officer of any fiuchi coinmand; but such election shall not be held laiter than the day of such general or special election. Such polls shall be opened at such hour of the day as shall be most convenient for such electors and shall remain open not less than three hours and ais much longer as shall, in the opinion of the inspectors of elec- tion serving at such polls, be necessary in order to receive the votes of all electors of this state entitled to vote at such polls; but no polls shall be kept open later than sunset of the day on which such election shall be held. The inspectors shall at the opening of such polls miake public proclamation of the opening thereof amd the time at which such polls shall be closed, and as near as may be, at one hour before the closing of the polls, public proclamation shall again be made by the inspectors that the polls will be closed at a time certain then proclaimed, which shall be the hour announced in the proclamation, miade at the opening of the polls. The polls shall not for any reason be kept open after the hour fixed by the first proclamation. § 10. Organization of the polls. — At the hour and place herein provided for the opening of the polls, the qualified electors of this state then present shall, by viva voce vote, select four of their own number to act at such election as the inspectors of elec- tion thereof. Such inspectors shall, so far as possible, be so selected that they shall equally represent the two political parties of this state which at the last preceding election in this state polled the highest and next highest number of votes respectively. Such inspectors, when so elected, shall choose one of their number as chairman of the board of inspectors by election or by drawing lots. Such chairman shall then administer the oath of office to the other inspectors and one of the other inspectors shall then administer the same to the chairman. The oath to be adminis- tered shall be as follows: 240 Soldiers and Sailors' Election Law. " I do soIeTnnly swear (or affirm) that I will support the con- stitution of tbe United Static and the constitution of the state of New York, and that I will faithfully discbarge the duties of the office of inspector of election according to the best of my ability." iSuch oath or affirmation shall be written or printed, or partly written and partly printed, and attached to or entered upon the poM-books used at such election, and subscribed by the person taking the same, and certified to by the person administering the same. Immediately upon the organization of such board of inspectors the commanding officers to whom shall have been de- livered any official war ballots, poll-books and envelopes shall de- liver the same to *he inspectors of election of such election and shall take a receipt therefor, which receipt shall be forwarded by mail by such commandinig officer to the secretary of stjate. The said insi>eotors shall produce and have at the polls, before any votes aire taken by them, a box for the reception of the ballots to be vot^ at such election. Before proceeding to take any votes they shall open said box and publicly exhibit the inside thereof, and the same shall be entirely empty. They shall then close and securely fasten the same and the said box shall not be opened again until the close of the polls at such election. Each such box shall have an opening in the top thereof for the recep- tion of voted ballots. The chairman of the board of inspectors shall have charge of the ballot-box during the election and shall receive from the qualified electors their envelopes containing ballots and shall deposit them in the ballot-box. He shall desig- nate two other inspectors, of opposite political faith, if possible, to keep the poll-books of such election. The remaining inspector shall have charge of the official ballots and envelopes and shall deliver the same to the qualified electors entitled to vote at such election. § 11. Conduct of election. — The election shall be by ballot. Before any person shall receive an official ballot or be permitted to vote, he shall make and subscribe the oath printed upon the official envelope, as provided by this act, and any member of said board of insi>ectors is hereby authorized to administer and attest Soldiers and Sailors' Election Law. 241 such oath. If any elector shall refuse to take the oath so ten- dered he shall not be allowed to vote; but if he shall take the oath tendered him his vote shall be accepted. Upon taking the oath required, the elector shall give to the inspectors keeping the poll-books, who shall enter upon such poll-book, kept by each of them, his name and residence by street and number, if any, county and city or town. He shall also give such other information as is required to be entered in such poll-book. When such elector gives such information to such inspectors, the inspector having charge of the ballots and envelopes shall write in the properblank spaces upon such official envelope the name and residence by street number, if any, of such elector, and the county, and the city or town in which he claims to reside, and shall deliver such ballot or ballots and such envelope, to such elector. Such elector shall then retire to some convenient place and shall prepare his ballots and envelope for voting. The elector may write or paste upon his ballot the name of any person for whom he desires to vote for any office for which such elector may law'fully vote at such election. Any such elector may paste upon such ballot a printed ballot of his own selection or preparation, to be known as a paster ballot containing the titles of all the offices to be filled and the names of the candidates therefor for whom he de- sires to vote and be entitled to vote at such election. Such pas- ter ballot may be gummed and the elector may paste the whole or any part of such paster ballot upon the official ballot. Any name so written or pasted upon the official ballot shall be deemed the choice of the elector. All pasters shall be of white paper and printed in type uniform with that required to be used upon the official ballot and printed in plain black ink. A paster shall be so attached to the ballot that when the ballot is folded no printed portion of such paster shall be visible. After preparing his bal- lot and before delivering the same to the chairman of the board of inspectors, the elector shall fold his ballots in such a way that the contents of the ballot shall be concealed and enclose the same in such envelope which he shall securely seal. He shall then de- liver such envelope to the chairman of the board of inspectors; 242 Soldiers and Sailors' Election Law. but before such envelope shall be deposited in the ballot-box the chairman shall declare from such envelope the name of such elec- tor and his residence by street and number, if any, county and city or town, and if such elector is entitled to vote and such envelope is securely sealed and his name and the other matter hereby required, is recorded upon the poll-books the inspector keeping such poll-books shall announce the same as correct and shall record such elector as voting. The chairman shall there- upon deposit such envelope containing such ballot or ballots in the ballot-box. Any elector so having voted, shall not again be entitled to vote at such election, though present on election day in the election district where he resides. If, for any €ause, the oflScial ballots, poll-books and envelopes shall not be pro- vided as required by law at any polling-place, upon the opening of the polls for any election thereat, or if the supply of oflScial ballots or envelopes shall be exhausted before the polls are closed, unofficial ballots, poll-books and envelopes printed or written, made as nearly as practicable in the form of the official ballot, poll-books and envelopes may be used. § 12. Count of the votes. — As soon as the polls of an election are closed, the inspectors of election thereat shall publicly destroy all official envelopes and ballots not voted; and shall then publicly open such ballot-boxes and i;ount and ascertain the number of electors voting and not adjourn or postpone the count until it shall be fully completed. The board of inspectors shall •commence the count by comparing the two-poll-books used at such election, correcting any mistakes therein, and by counting the envelopes containing ballots found in the ballot-boxes without opening them, and by comparinw the envelopes containing ballots found in such box with the number shown hy the poll-books 4:o have been deposited therein. The inspectors shall number each elector whose name is recorded in such poll-books as having voted begin- ning with the first name entered therein and numbering the same in coneecu'tive order and shall fill out and sign the certificate required to be made by them as to the who)e number voting at Buch election. If the envelopes containing ballots found in such Soldiers and Sailors' Election Law. 243 box shall be more than the number of such envelopes so shown by the poll-books to have been deposited therein the inspectors shall compare the names upon such envelopes with the name«j recorded in such poll-books and all such envelopes so fooind in said ballot-box purporting to have been deposited therein by an elector whose name is not duly entered in such poll-books as herein provided, shall with their contents be immediately de- stroyed, without opening the same; and if more than one such envelope shall be found in said ballot-box purporting to have been deposited therein by the same elector, then all such envelopes and their contents purporting to have been deposited in such bal- lot-box by such elector shall be destroyed. No such envelope that has not the official endorsemenit as herein provided shall be counted. At the completion of the count the inspectors shall certify the correctness of the same upon the poll-books and shall publicly announce the result of such count. The inspectors shall thereupon enclose all such envelopes containing ballots without opening the same, in a sealed package with one of said poll-books and shall direct them to the secretary of state, at Albany, New York, and shall forward the same* by mail or expreSiS to him as soon as possible after such election. The other of such poll- books shall be sealed in an envelope directed to the governor of the state of New York, at Albany, New York, and shall be forwarded forthwith to him by mail or express, but by different hands, if possible, from those carrying such envelopes containing ballots and such poll-books, so directed to be forwarded to the secretary of state; receipts therefor, respectively, being taken by the chairman of the board of inspectors. § 13. Returns not t^ be rejected because of informality of election. — No mere informality in the manner of carrying out or executing the provisions of this act shall invalidate the election held under the game or authorize the rejection of the returns thereof; and the provisions of this act shall be liberally construed for the purposes herein expressed or intended. § 14. Disposition of envelopes and ballots. — Upon the receipt by the governor of the poll-books of the votes cast at any such 244 Soldiers and Sailors' Election Law. election, he shall deliver the same to the secretary of state. The secretary of state saall upon receipt of the packages notify the chairman or any member of the state committees of the parties which at the last election for governor cast the highest and the next highest number of votes for such office, that at a day and hour named therein at his office he will open the packages and compare the poll-books with the envelopes containing ballots received by him and with the poll-books if any received from the governor. Such notice shall be served personally or by mail directed to the last known place of residence of such person. He shall forthwith prepare from said poll-books and envelopes a separate statement for each county under his official seal in which shall appear all the information hereby required to be entered in such poll-books, concerning the electors resident in such county. He shall affix his seal of office to each such envelope and shall transmit such statement with all the envelopes containing ballots of such electors resident in such county, to the clerk of each such county, except that in any county within the city of New York where such statement and envelopes shall be transmitted to the police board, or such other persons or board as may hereafter be lawfully constituted to receive election returns, taking his or their receipt for such statement and the number of such envel- opes. Such county clerk or in the counties within the city of New York, board of police or other person or body lawfully constituted to receive election returns, shall forthwith give writ- ten notice of such receipt by them, to the board of inspect- ors of election of each district to which they respectively relate, by enclosing such notice in a properly sealed wrapper addressed to the chairman of such board at his post-office address and by prepaying the postage thereon. Each county clerk and said police board, said person or other body lawfully constituted to receive election returns, after the receipt of such statement and envelopes, shall notify the chairman or any member of the county committees of the parties which at the last election for governor cast the highest and next highest number of votes for such office in the state, that at a day and hour named therein at his or their office he or they will open the packages containing such statement and envelopes. Such notice shall be served per- Soldiers and Sailors' Election Law. 24s sonally or by mail directed to the last known place of residence of such person. It shall be the duty of such county clerk and said police board or said other person or body lawfully con- stituted to receive election returns, to prepare a statement in like form for each election district in said county in which any such elector shall reside, and to transmit or deliver such statement with the envelopes containing ballots of electors resident in such election district to one of the inspectors of election of said dis- trict, taking his receipt therefor, on the day before the board of inspectors of election of said district shall convene for the pur- pose of canvassing such votes, as herein provided, who shall deliver the same to such board. All statements provided by this act shall be public records. The inspectors in any election dis- trict wherein any such ballots are to be canvassed, shall convene at the place where the election was held, on the sixth Tuesday after the election day at ten o'clock in the forenoon to canvass such votes. It shall be the duty of each board of inspectors of election immediately upon their convening as herein provided to open said polls; and the chairman thereof or, in his absence, such other member as shall be chosen to act as chairman, as provided by law, shall publicly read aloud the endorsement contained upon each such envelope, and if such elector shall be a qualified elector in such election district, the chairman or acting chairman shall then carefully open said envelope and without unfolding or inspecting the contents of such ballot or ballots, shall deposit the same in the ballot-box or boxes provided therefor. If any such envelope shall contain more than one ballot for the same officers, amendment or question, all ballots therein shall be rejected. Said inspectors shall file all such envelopes with their return in the office of the county clerk of the county where the said election district is situated. If upon investigation made before the deposit of said ballot it shall be determined that such elector is not a qualified elector in said election district, his said ballot or ballots shall be destroyed without unfolding or inspect- ing the same, and the said envelope shall be filed as above provided. (Thus amended by chap. 641, L. 1899.) § 15. Canvass by election district and county canvassers. — After all such ballots shall have been cast, said inspectors of elec- tion shall immediately proceed to canvass the same, and make a statement and return thereof as provided by law. and forthwith forward the same to the county clerk, by one of their number. The county board of canvassers or such other board as performs like duties, shall convene on the seventh Thursday after the elec- tion day, at their usual place of meeting, at one o'clock in the afternoon for the purpose of canvassing such statements and returns. {Thus amended by chap. 58, L. 1899.) 246 Soldiers and Sailors' Election Law. § 16. Canvass by county board. — At such meeting of the countj; or other canvassing board the said board shall proceed to caji- rass such statements and returns of the respective election dis- trict boai'ds of inspectors and shall from such istiatements and returns, together with the statements and returns theretofore mflde of such election, make new and separate statements of the TOtes cast in such countv or any part thereof, and shall complete their canvass and make the statements provided for by section one hundred and thirty-five of the general election law, and they shall not, until such meeting, determine the result of the election, anything now provided by law to the contrary notwithstanding. But nothing herein shall prevent any county board of canvassers from proceeding as provided by the election law *»xcept as to such final determination. Such meeting or meetings of the board of county canvassers shall be deemed a continuattion of its regular session. § 17. Canvass by state board. — If any such new statements shall be made by a county board after the time fixed by law for the canvass of the regular statements of the county boards by the state board of canvassers, the state board of can- vassers shall convene upon notice by the secretary of state and. shall proceed to canvass such new statements of a county board, and their original canvass, if any, shall be corrected accordingly; and the state board of canvassers shall cause a determination of such result to be made in accordance with such new statements. 'And they shall not, until such meeting, determine the result of the election, anything now provided by law to the contrary notwith- standing. § 18. Returns or statements not made and filed prior to cer- tain dates in any year not to be canvassed.— No statement, as provided by this act, which shall not have been duly made and filed by a county board of canvassers prior to the twenty-ninth day of December next succeeding such election in any year, shall be can- vaesed or affect the result of such an election; and no return, or statement not received by a county board of canvassers at their 18 Soldiers and Sailors' Election Law. 247 meeting, herein provided for, shall be thereafter canvassed, or affect the result of such election. § 19. Provisions of penal code relating to crimes against the elective franchise to apply. — All the provisions of the penal code relating to crimes against the elective franchise shall be deemed to apply to all elections held under the provisions of this act, and any person who shall violate any such provisions may be indicted at any time in any county of this state and imay be fined or im- prisoned or both so fined and imprisoned upon conviction thereof whenever found in this state. § 20. Filling vacancies in the office of inspector of elec- tions. — It shall be lawful for a majority of the inspectors of elec- tion, provided for by this act to execute all the trusts and duties required to be executed by the inspect(5rs herein provided for. And if for any cause, after the inspectors of election hereinbefore provided for shall have been chosen, any of the said inspectors shall permanently absent himself from the place of holding such election, or shall for any cause be obliged permanently to leave the place of holding such election, the remaining inspectors, or on their default the* electors present may fill such vacancy pre- serving, if possible, the bi-partisanship of such board; and any person so appointed to fill such vacancy shall take the oath of office and shall thereupon continue with the other inspectors to perform the duties of such office at such election to the end thereof. § 21. Elections may be contested. — All elections held under this act shall be subject to contest and inquiry in the same manner as elections held within this state. The sealed packages of voted ballots shall be held inviolate in the office in which they are filed, subject to the order of a court of competent jurisdiction and may upon such order of such court be opened and canvassed. § 22. General provisions of the election law to apply. — The several officers or persons authorized by the provisions of this act to conduct the elections held by virtue thereof shall have the like powers, and they, as well as other persons who may be candi- dates for office at such election, or who may attend such election^ 248 Soldiers and Sailors' Election Law, or may vote or offer to vote at such election, shall be subject to the like penalties and restrictions as are declared and provided by law in case of elections within this state, and all provisions of the greneral election law of this state, as far as applicable and not inconsistent with the provisions of this act shall apply to elec- tions held under this act. § 23. Copies of this act to be published and distributed! — The secretary of state shall, imimediately upon the passage of this act, cause the same to be published in pamphlet form, properly indexed, and shall cause the same to be as generally, as may be, circulated among the electors of this state absent from their respective election districts in time of war in the actual military service of this state or of the United States, in the army or navy thereof. The secretary of state shall also provide in addition to the necessary oflScial ballots, poll-books and envelopes, such other blank forms, envelopes, instructions to voters, and other station- ery for use at each poll of any election held under this act, as may be necessary for the proper conduct of such election and shall transmit them to the proper place and to the proper persons in ample time for their safe delivery and use at such election. He may procure any of the printing and supplies required by this act wherever he deems it desirable for the best interests of the state. He shall also provide for the return of such poll-books, envelopes and ballots of such election to him at the expense of this state. § 24. Appropriation. — The sum of twenty thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the treasury not otherwise appropriated, for the purpose of carrying out the provisions of this act. § 25. This act shall take effect imimediatelj. Metropolitan Elections District Law. Chap. 676. AN ACT to create a metropolitan elections district ; provide for the appointment of a state superintendent therein, and to pre- scribe his powers and duties. Became a law July i6, 1898, with the approval of the Governor. Passed, three-fifths being present. The People of the State of Kezv York, represented in Senate and Assembly, do enact as follozvs: Section i. Metropolitan elections district. — The counties of New York, Kings, Queens, Richmond and Westchester arc hereby constituted a metropolitan elections district for the pur- pose of all elections for state officers hereafter to be held therein. (Thus amended by chap. 689. L. 1905, in effect June 2. 1905.) § 2. State superintendent of elections, chief deputy and assist- ants. — The governor, within ten days after this act takes effect, shall appoint an officer, by and with the advice and consent of the senate, to be known as " the state superintendent of elections for the metropolitan elections district." He shall be a resident of one of the aforesaid counties and shall hold office for the term ending December thirty-first, nineteen hundred and two. His successor shall be appointed for the full term of four years, and all terms shall expire on the thirty-first day of December. Vacancies shall be filled for the remainder of the unexpired term. Such super- intendent may be removed from office in the same manner as a sheriff. He may appoint a chief deputy without nomination, a clerk, a secretary and a stenographer, and remove them at pleasure. § 3. Powers of superintendent, clerk and deputies. — Such state superintendent of elections and each deputy appointed by him, shall possess and exercise all the powers vested in a sheriff, as a conservator of the peace, either by statute or common law. The clerk, appointed by the state superintendent of elections pursuant to the provisions of this act shall have power when directed by the state superintendent of elections, to administer oaths and affirmations required by law. or by any order, rule or regulation of the state superintendent of elections, for or in connection with the appointment and qualification of deputy superintendents of 250 Metropolitan Elections District Law. elections appointed pursuant to the provisions of sections four and five of this act. {Thus amended by chap. 689, L. 1905, in effect June 2, 1905.) § 4. Deputies ; appointment, qualification, terms, etc. — Such superintendent may appoint not exceeding four hundred deputy superintendents of election for the metropolitan elections district for service in the counties mentioned in the first section of this act, and administer, or cause to be administered to them the oath of office. On or before the fifteenth day of August said state superintendent shall notify the chairman of each county com- mittee representing a political party in such county in said metro- politan elections district entitled to representation in local elec- tion boards therein, that each such party is entitled to nominate one-half the number of deputies to be appointed, and shall in such notification specify the number to be nominated by the party so notified, and that written nominations for such appointment will be received by him on or before a specified date. A deputy state superintendent must possess the qualifications of election officers required by the election law, except that he need not be a resident of the election district in which he serves. Each such chainnan of a county committee may present to the state superintendent a list containing the number of names specified in the notice given by the superintendent to the said chairman, and appointments shall be made from such lists or from a sup- plemental list as herein provided. One-half of the appoint- ments so made shall be made from each of the parties making such nomination, provided, however, that all persons so appointed shall possess the qualifications required by law. All persons so proposed for appointment may be examined as to their possessing the qualifications required by section eleven of the election law, by or under the direction of the state superintendent, who shall give five days' notice in writing of such proposed examination to the person to be examined, and also to the chairman of the com- mittee or other person by whom the list was filed and authenti- cated, and such chairman or other person may appear and be heard on such examination, either in person or by counsel. If a person so nominated is not examined, or if after examination he is found qualified, under section eleven of the election law, he shall be appointed. If a person so proposed is found disqualified after examination, notice in writing to that effect shall be given by the superintendent within three days after such disqualification is de- termined by him, to the chairman of the committee or other per- son by whom the list embracing the name of the person so dis- qualified was authenticated ; and such chairman or other person may thereupon file a supplemental list containing the names of persons nominated to fill such vacancies. Additional supple- mental lists may also be filed from time to time on notice by the superintendent, until all the appointments to which a party is Metropolitan Elections District Law. 2^1 entitled are made. Any vacancy occurring by disqualification or otherwise shall be filled by the appointment of a qualified person named in a supplemental list filed on behalf of the same party, except that if a party entitled to representation files no original list, nor a supplemental list after notice, the appointment ma}- be made without such lists, and without nomination. The term of office of a deputy superintendent appointed under this section shall expire on the thirty-first day of December of the calendar year in which he is appointed. (Thus amended by chap. 689, X. 1905, in effect June 2, 1905.) § 5. Additional deputies. — The superintendent, whenever he deems it necessary, may appoint, without nomination, and at pleasure remove, not more than one hundred and fifty additional deputies, to be employed by him in enforcing the provisions of this act. Deputies appointed under this section shall not as such be entitled to attend at the polling places on election dav. but in all other respects possess the same powers and are charged with the same duties as other deputies appointed under this act. (Thus amended by chap. 499, L. 1899, and chap. 689, L. 1905, in effect June 2, 1905.) § 6. Control and powers of deputies ; refusal to furnish informa- tion. — All deputies appointed under this act shall be subject to the direction and control of the state superintendent, and he may assign them to any election district in the metropolitan elections district. Such deputies, when directed by the state superintend- ent shall, or on their own motion, or on complaint of any citizen of the state may : 1. Investigate all questions relating to registration of voters, and for that purpose shall have power to visit and inspect any house, dwelling, building, inn, lodging-house or hotel within the metropolitan district, and interrogate any inmate, house-dweller, keeper, care-taker, owner, proprietor or landlord thereof or therein, as to any person or persons residing or claiming to reside therein or thereat. 2. Arrest any person without warrant who in his presence vio- lates or attempts to violate any of the provisions of the election law or the penal code relating to crimes against the elective fran- chise. 3. Execute warrants of arrest and take into custody the person or persons named in such process. 4. Inspect and copy any books, records, papers or docimients relating to or afifecting the election or the registration of electors. 5. Require every lodging-house keeper, landlord or proprietor to exhibit his register of lodgers therein at any time to such deputy. Any person who neglects or refuses to furnish any information required or authorized by this act, or to exhibit records, papers. 252 Metropolitan Elections District Law. or documents herein authorized to be inspected, or which are required to be exhibited, shall be guilty of a misdemeanor. {Thus amended by chap. 689, L. 1905, in effect June 2, 1905.) Refusal to answer questions. — The power given to deputies appointed under the above act to investigate questions relating to the registration of voters, and for that purpose to interrogate any inmate or proprietor of any house, as to any person residing or claiming to reside therein, cannot be exercised until after registration ; it is, therefore, not a misdemeanor for an inmate of a lodging-house to refuse to answer questions before he has registered. (People ex rel. Maker v. Carleton, 41 Misc. Rep. 523; 85 N. Y. Supp. 22.) § 7. Aid and assistance of persons and public officers. — The state superintendent, or any deputy, may call on any person to assist him in the performance of his duty ; and he may also call on any public ofhcer who by himself or his assistants, deputies or subordinates shall render such assistance as may be required. Any such person, ptiblic officer, deputy or subordinate who shall fail, on demand of the superintendent or any deputy, to render such aid and assistance in the performance of his duty as he shall demand, or who shall wilfully hinder or delay, or attempt to hinder or delay such superintendent or deputy, in the performance of his duty, shall be guilty of a felony and shall upon conviction thereof be sentenced to imprisonment in a state prison for a period of not inore than three years ; and if a public officer, shall, in ad- dition to such imprisonment, forfeit his office. A member of a uniformed police force and every sheriff, deputy sheriff and election officer shall, for the purpose of this act, be deemed a public officer. The state superintendent shall have power to issue subpoenas for the purpose of investigating any matter within his jurisdiction and of aiding him in enforcing the provisions of this act, such subpoenas to be issued in the name of the state superintendent. He may in proper cases issue subpoenas duces tecum. A subpoena issued by the state superintendent of elec- tions may be served by the said superintendent or by any deputy appointed by him or by any police or peace officer within the metropolitan elections district. Any person who shall omit, neglect or refuse to obey a subpoena attested in the name of the state superintendent and made returnable at one of the offices or branch offices of the superintendent, or who shall refuse to testify under oath before him or his chief deputy, or other deputy duly designated by the superintendent, pursuant to the provisions of this section, is guilty of a misdemeanor. The superintendent, his chief deputy and not more than ten deputies duly designated by the superintendent for that purpose, under his hand and seal of office, are hereby authorized and empowered to administer oaths and affirmations in the usual appropriate forms, to any person in any matter or proceedings authorized as aforesaid, and in all matters pertaining or relating to the elective franchise and to Metropolitan Elections District Law. 253 take and administer oaths and affirmations in the usual a]jpro- priate forms, in taking any affidavit or deposition which may be necessary or required by law or by any order, rule or reg^ula- tions of the superintendent for or in connection with the official purposes, affairs, powers, duties or proceeding's of said super- intendent or deputies or any official purpose lawfully authorized by said superintendent. Any person who shall make anv false statement under oath before the state superintendent, his deputy, or other deputy authorized to take oaths, as herein provided, is guilty of a felony. (Thus amended by chap. 449, L. 1899; chap. 684, L. 1900, and chap. 689, L. 1905, in effect June 2, 1905.) The conviction under an indictment charging the defendant with vio- lating the provisions of this section by assisting in the escape of a regis- tered elector, who, when he attempted to vote on election day, was ar- rested by a deputy superintendent of elections without a warrant, on a charge of having falsely registered cannot be sustained, in the absence of proof that the person whom tlie deputy superintendent of elections had arrested was actually guilty of the crime of false registration. {People v. Hochstim, 76 App. Div. 25'; 78 N. Y. Supp. 638.) § 8. Attendance and duties at polling places. — The state super- intendent may attend at any election, and each deputy superin- tendent shall, on election day, attend the election at the polling place to which he is assigned. The state superintendent shall as- sign an eqtial number of deputies from each of the parties entitled to nominate deputy superintendents at every polling place where such deputies are assigned by him. The state superintendent and each deputy shall be admitted at any time within any polling place and within the guard rails thereof. It shall be the duty of the superintendent and of each deputy during the election to pre- serve order and arrest any person violating or attempting to vio- late the election law or any provision of the penal code relating to the elective franchise. (Thus amended by chap. 689, L. 1905, in effect June 2. 1905.) § 9. Duties of lodging house and hotel keepers, chief of police and heads of certain departments. — It shall be the duty of every landlord, proprietor, lessee or keeper of a lodging house, inn or hotel, in the metropolitan elections district, to keep a register in vi^hich shall be entered the name and residence, the date of arrival and departure of their guests and the room or rooms occupied by them, and such landlord, proprietor, lessee or keeper shall make a sworn report upon a blank to be prepared and furnished by the state superintendent twenty-nine days before the election next ensuing to the said superintendent of elections, which report shall contain a detailed description of the prejiiises so used and occupied as a lodging house, inn or hotel, including the size and character of building, and in case only part of a building is so used, a statement as to what part of said building is so used, and also if there be more than one building on the premises, which particular building is so used, and the names of the lodgers 254 Metropolitan Elections District Law. therein and all employees and all other persons living therein including the landlord, proprietor, lessee or keeper and members of his family, who claim a voting residence at or in such lodging house, inn or hotel, together with the length of time they have been regularly lodging or living therein, state the beginning thereof, the color, age, height, weight, color of hair, marks on face or hands, the complexion of and any distinguishing marks or features of face or body whereby such persons may be iden- tified, the place of their nativity, the occupation of and place of business of such persons and designating the room occupied by such person, and whether such person is a guest, landlord, pro- prietor, lessee or keeper, or member of the family of the landlord, proprietor, lessee or keeper. To the end that the sworn report herein required shall truly set forth the facts therein stated, it shall be the duty of the said landlord, proprietor, lessee or keeper to question each male person lodging or living in such lodging house, inn or hotel as to his intention of claiming such place as a voting residence, and such person shall thereupon declare his intention thereof, and if he shall claim such place as his vothig residence he shall give to such landlord, proprietor, lessee or keeper the facts regarding himself as are required to be incorpo- rated in the sworn report herein provided for. Any such land- lord, proprietor, lessee or keeper or any lodger who shall violate* this provision shall be deemed guilty of a misdemeanor. If any person, other than the keeper or members of his family, shall claim a voting residence in a building or part of the building used as an hotel, within three months of a general election, in which building or part of the building the business of trafficking in liquors is conducted under a liquor tax certificate issued under subrlivision one of section eleven of the liquor tax law, the holder of such certificate shall furnish to the state superintendent of elections, whenever the superintendent shall require him so to do, an affidavit properly acknowledged and signed before a notary public, in which the holder of such certificate shall state whether he and such building have conformed to and at the time of mak- ing the affidavit do conform to all the requirements of the laws, ordinances, rules and regulations relating to hotels and hotel keepers, including all laws, ordinances, rules and regulations of the state or locality pertaining to the building, fire and health departments in relation to hotels and hotel keepers and that such building is or was within three months of the said election used as an hotel. If for any reason the said building or part of the building used as an hotel shall be devoted to other than hotel purposes within three months of said election the holder of such liquor tax certificate shall state in such affidavit for what pur- pose such building or part thereof formerly used for hotel pur- poses is then used, and, if the same has been sublet to any per- Metropolitan Elections District Law. 255. son, he shall so state, givinj^- the terms of said lease, and the name of the lessee. Any holder of a liquor tax certificate re- quired to make such affidavit by the said superintendent who shall refuse, fail or neglect to make and file the same forthwith with the superintendent is guilty of a misdemeanor. Any holder of a liquor tax certificate who shall incorporate any false state- ment in any sworn report or affidavit to the superintendent of elections is guilty of perjury and in addition to suffering the penalty prescribed by law for such crime shall forfeit his liquor tax certificate and shall be deprived of all rights and privileges thereunder and of any right to a rebate of any portion of the tax paid thereon, and shall be debarred from trafficking in liquors for a period of five years from the date of his conviction. Any report or affidavit herein required shall be acknowledged and sworn to before a notary public or commissioner of deeds, and shall be filed personally by such landlord, proprietor, lessee or keeper or by registered mail with the said superintendent of elections at his office. Whenever the state superintendent of elec- tions shall require it shall be the duty of the chief of police and the respective heads of the departments of buildings, fire and health to forthwith make a report in writing to the said super- intendent of elections of every building or part of a building in such city in which the business of trafficking in liquors is con- ducted under a liquor tax certificate issued under subdivision one of section eleven of the liquor tax law, showing the location thereof by street and number, election district and assembly dis- trict or ward, the character of such business, as declared bv the holder of the certificate, specifying whether it be an hotel, restaurant, saloon, store, shop, booth or other place and the name of the holder of such certificate, and if the place be an hotel the report shall state whether or not the building and holder of the certificate conforms to all the laws, ordinances, rules and regula- tions of the state or locality including the laws, ordinances, rules and regulations of the building, fire and health departments in relation to hotels and hotel keepers. (Tints amended by chap, 684, L. 1900, and chap. 689, L. 1905, in effect June 2, 1905.) § 10. Lists of enrollments on registration days. — In any city within the metropolitan elections district, the board of inspectors of each election district shall on each day of registration transfer to cards, to be provided for that purpose by the secretary of state, which cards shall be in form and style approved by the state superintendent of elections, a complete copy of the name of each person registered or enrolled in their respective districts, together with all of the answers made and information given by the per- son registered, at the time of registration, and which said cards, enclosed and sealed in a cover to be provided for that purpose by the secretary of state, shall be delivered forthwith by the chair- 256 Metropolitan Elections District Law. man of the board of inspectors together with a statement on a blank form, to be funiished by the secretar)' of state after ap- proval by the state superintendent of elections, that the cards delivered contain a correct copy of all the names registered and infonr.ation given by the persons so registered, to the police, who shall forthwith deliver the same to the state superintendent of elections at his office. (Thus amended by chap. 499, L. 1899, and chap. 680. L. 1905. /;/ effect June 2, 1905.) § II. Removal of deputies. — The state superintendent of elec- tions may remove at any time for cause a deputy appointed by him and shall employ in his place a member of the same political party, which appointment shall be made in the same manner as the orig- inal apjwintment. This section shall not apply to the chief deputy superintendent, nor to the deputies authorized in section five of this act. (Thus amended by chap. 689, L. 1905, in effect June 2, 1905-) § 12. Salaries and expenses. — The annual salary of the state superintendent of elections shall be five thousand dollars ; of his chief deputy, four thousand five hundred dollars ; of the clerk, eighteen hundred dollars ; of the secretary, two thousand dollars ; of the stenographer, fifteen hundred dollars ; of not more than fifty of the deputies appointed under section five of this act, twelve hundred dollars each ; of not more than fifty of the depu- ties appointed under section five of this act, nine hundred dollars each ; payable monthly. All other deputies shall receive five dol- lars for each day's service, not exceeding forty days for any one election, to be paid on the certificate of the superintendent or chief deputy, providing, however, that the superintendent may continue the services of such deputies not longer than December thirty-first of such year if he shall in his judgment deem it neces- sary so to do in order to prosecute any criminal actions in which said deputies shall be the complaining witnesses or if their ser- vices be. in his judgment, necessary to the proper completion of the work of the department. All salaries and other compensation provided by this section shall be paid by the state treasurer on the warrant of the comptroller. The state superintendent may provide an office for his use and furnish it with needed furniture, stationery and supplies, and expend for such purpose and for his disbursements and expenses in discharging his duty and in carry- ing out the provisions of this act, not exceeding fifteen thousand dollars each year, to be paid by the state treasurer on the audit and warrant of the comptroller. (Thus amended by chap. 499, L. 1899, and chap. 680. L. 1905, in effect June 2, 1905.) § 13. Report to governor; rules. — The state superintendent of elections shall annually in the month of December file with the governor a report showing the names and residences of the per- Metropolitan Elections District Law. 257 sons appointed by him as deputies during the year, the number of days each has served, the compensation certified for each, the number of arrests made for violation of the election law or the penal code, the names of the persons arrested, the nature of the offense charged, the disposition thereof, and any other facts in relation to the administration of his office which the state superin- tendent may deem proper or which may be required by the gov- ernor. He shall make such rules for the control and conduct of his deputies as he may deem advisable not in conflict with law. § 14. Laws repealed. — All acts and parts of acts, general, local or special, inconsistent with the provisions of this act, are hereby repealed. (Thus amended by chap. 68g, L. 1905, in effect June 2, 1905.) Commissioner of Elections in Erie County. Chap. 394, L. 1904. An act to create and establish the office of commissioner of elections in the connty of Erie and prescribing his duties. Section i. The office of commissioner of elections in the county of Erie is hereby created, and all of the rights, powers, au- thority, duties and obligations immediately heretofore by law vested in and imposed upon any officer or officers of the county of Erie or of any political subdivision thereof or therein, except- ing the appointment, duties and obligations of inspectors of elec- tion, poll clerks and ballot clerks, who shall continue to be ap- pointed and serve as provided by law, with respect to general, special and primary elections in the county of Erie or in any political subdivision thereof or therein, except elections held at a time other than the time of the general election of village and school district officers and special elections for town, village and school district purposes held at such other time and elections for city and ward offices in cities of the third class held at such other time, shall forthwith by force of and as an effect of this act be transferred to and be continued in the commissioner of elections in the county of Erie, hereby created. § 2. Within ten days after this act shall take effect, the county judge of the county of Erie shall appoint a commissioner of elec- tions who must be a resident elector of Erie county and who shall take office on the first day of May, nineteen hundred and four, and the said county judge shall file in the office of the clerk of Erie county, a certificate of such appointment under his hand and seal. Said commissioner of elections shall take the constitutional oath of office and file the same in the county clerk's office, and shall hold office for the term of six years, his successors to be 2S7a Duties of Commissioner in Erie County. appointed in like manner, except to fill vacancy. In case of a vacancy in the office of commissioner of elections, the said county judge shall appoint a resident elector of the county of Erie to fill such vacancy, and shall file a certificate of such appointment in the county clerk's office under his hand and seal. The person so appointed shall take the constitutional oath of office and serve the remainder of the term. All commissioners of elections ap- pointed pursuant to this act, shall be subject to removal by the governor in like manner as sheriffs of counties. § 3. The said commissioner of elections shall communicate to the trustees of the city and county hall, in the county of Erie, within ten davs after his appointment, the requirements of his office, and it shall be the duty of the said trustees of the city and county hall to provide an office for the said commissioner of elections, suitable for the preservation of the records of said office, and for the doing of the work devolved upon said commissioner of elections under and by reason of this act. and the necessary furniture therefor, and the expense of providing and furnishing such office shall be a county charge of the county of Erie, and be audited and paid as other county expenses are paid. § 4. All books, documents, papers, records and election appli- ances or appurtenances held or used by or under the control of any officer or officers of the county of Erie or of any political subdivision thereof or therein, and relating to or used in the con- duct of general, special or primary elections, shall, upon request of the commissioner of elections, be transferred to the care, cus- tody and control of such commissioner. § 5. The commissioner of elections is hereby authorized and empowered to appoint a deputy commissioner of elections who shall not be a member of the same political party as himself or of the same political opinion upon state and national questions, who shall perform such duties as the said commissioner of elec- tions shall prescribe, and also a secretary to the commissioner, who shall each hold office at the pleasure of the said commis- sioner, and such employees as the board of supervisors of Erie county shall by resolution from time to time authorize, and such employees shall receive such salaries and compensation as the said board of supervisors shall by resolution fix and determine. Each of such employees shall perform such duties as the com- missioner of elections shall prescribe and shall each hold office at the pleasure of the said commissioner. The salary of the com- missioner of elections shall be three thousand dollars per annum, and of the deputy commissioner of elections two thousand dollars per annum. The salary of the secretary to the commissioner shall be fixed by the board of supervisors of Erie county not to exceed one thousand five hundred dollars per annum. Such salaries shall be paid in the same manner as the salaries of officers of the county of Erie are paid. Duties of Commissioner in Erie County. 257b § 6. All notices which are now or which hereafter may be re- quired by law to be given by the secretary of state to any officer of the county of Erie or of any political subdivision thereof or therein, relating to the holding of any election, and stating the officers to be elected thereat or the questions to be voted upon by the people thereat, shall, after this act shall take effect, be com- municated by the secretary of state to the commissioner of elec- tions of the county of Erie. § 7. All certificates of nomination for offices to be voted for by the electors of the county of Erie or any political subdivision thereof or therein, at any election to which this act applies, all declinations of nominations for office, all certificates of nomina- tion to fill vacancies caused by such declinations or by death, all statements of candidates' expenses of election and all rules and regulations of political parties required by law to be filed with any officer of the county of Erie or any political subdivision thereof or therein, shall, after this act shall take effect, be filed in the office of the commissioner of elections, hereby established, and the commissioner of elections is hereby designated as the custodian of primary records for the county of Erie or such political subdivisions thereof to wdiich the primary election law now applies or may hereafter be applied, and the said commis- sioner of elections shall also be the secretary of the county board of canvassers. (Thus amended by chap. 229, L. 1905, in effect April 19, 1905.) § 8. All supplies or election appliances to be used or furnished by the commissioner of elections for election purposes shall be purchased by such commissioner who is also hereby authorized to cause all necessary repairs and alterations to be made in the same. All expenses for supplies, advertising, posting and cir- culation of election notices and printing lists of registered voters, and other expenses arising from the conduct of elections in the county of Erie, or in any political subdivision thereof or therein to which this act applies, incurred by or under the direction of the commissioner of elections, except the compensation of inspectors of election, poll clerks and ballot clerks, shall hereafter be a charge against the county of Erie or the political subdivision thereof or therein, as specified in the election laws of the state of New York, and shall be certified by the commissioner of elections and be audited and paid as are other claims against the said county. (Thus amended by chap. 229, L. 190^. in effect April 19, 1905.) § 9. The commissioner of elections shall, on or before the fif- teenth day of December in each year, certify to the clerk of the board of supervisors of Erie county the total amount of the ex- penses of his said office, including salaries, for the preceding year, and shall certify to said clerk the portion of said expenses which, under the provisions of law, are to be borne by the county of 257c Duties of Commissioner in Erie County. Erie and the portion thereof which, under the provisions of law, are to be borne by the city of Buffalo, or the city of Tonawanda, and the several towns in the county of Erie, and the said clerk of the board of supervisors, in spreading taxes levied upon the taxable property in the city of Buffalo and the city of Tonawanda, shall include in the amount spread, the amounts certified by said commissioner to be borne by the city of Buffalo and the city of Tonawanda. respectively, and in the amount spread upon the taxable property in the several towns or other political subdivi- sions, the amount so certified by said commissioner to be borne by the said towns or political subdivisions, respectively. (Thus amended by chap. 22g. L. 1905, /;; effect April 19, 1905.) ^ 10. The several boards of inspectors of election in the covmty of Erie shall, upon the completion of the canvass of any general or special election, to which this act applies, make and sign an original statement thereof and two certified copies of the same, in the manner and in accordance with the provisions of sections one hundred and eleven and one hundred and twelve of the elec- tion law. One of such certified copies and one tally sheet shall be filed forthwith by one inspector deputed for that purpose, with the clerk of the town or the clerk of the city of Buffalo or the clerk of the city of Tonawanda, as the case may be, and one certified copy thereof filed with the clerk of the county of Erie. The original statement of the result of the canvass, together with one tally sheet, void and protested ballots, and any and all other packages and documents required by law to be filed by a board of election inspectors, except the certified copies of statement of canvass, poll lists and one tally sheet, shall, within twenty-four hours after the completion of such canvass, be filed by the chair- man of each board of inspectors with the commissioner of elec- tions. The poll books for the several election districts of the city of Buffalo shall be filed by the board of election inspectors or the chairman thereof, with the commissioner of elections. The poll books for the several election districts in the city of Tonawanda shall be filed with the city clerk of Tonawanda, and those of the several towns of Erie county with the town clerks, respectively. The commissioner of elections shall, within ten days after any general or special election, cause tabulated statements of the re- sult of such election to be made and certified, one of which shall be filed with the commissioner of elections, one with the clerk of the county of Erie and one each with the clerk of the city of Buffalo and the clerk of the city of Tonawanda, so far as they shall relate to the election of city or ward officers voted for or proposition submitted and voted upon at such election in each city, respectively. The commissioner of elections shall retain in his possession all registers of electors, enrollment books and poll books filed in his office, for two years subsequent to the election at which they are used, at the expiration of which period he is DuTiKS OF Commissioner in Erie County. 257d authorized to sell or destroy all such books excepting one enroll- ment book and one poll book for each election district for each year. (Thus amended by chap. 22C), L. 1905, in effect April 19, 1905-) § II. All acts or parts of acts requiring the publication, ad- vertising or posting of election notices required by law relating to primary, general, special or other elections to which this act ap- plies, by any officer or officers of the county of Erie or any politi- cal subdivision thereof or therein, are hereby repealed, and all such notices of such elections as are required by law to be pub- lished, advertised or posted in the county of Erie or any political subdivision thereof or therein, shall be published, advertised or posted by the commissioner of elections hereby created. § 12. Nothing in this act shall be construed to afifect or limit the powers of the board of supervisors of Erie county or the board of aldermen of the city of Buffalo, or the board of alder- men of the city of Tonawanda, as boards of canvassers for the county of Erie and the city of Buffalo and the city of Tonawanda, respectively, nor the designation of polling places by town boards, nor the distribution of election supplies or posting of election notices by the town clerks of the several towns in the county of Erie, as specified in the election laws, nor shall this act apply to the election of village and school district officers held at a time other than the time of a general election and special elections for town, village or school district purposes held at such other time, and elections for city or ward officers, or to vote upon propositions submitted, in cities of the third class held at such other time. (Thus amended by chap. 229, L. 1905, in effect April 19, 1905.) § 13. All acts or parts of acts inconsistent with this act, so far as they may apply to the county of Erie or to any political sub- division thereof or therein, are hereby repealed. § 14. This act shall take effect immediately. The Penal Code. TITLE V. Relating to Crimes against the Elective Franchise. § 41. Misdemeanors at, or in connection with, political caucuses, primary elections, enrollment in political parties, committees and conventions. — Any person who : 1. At a political caucus, or at a primary election of a party, willfully votes, or attempts to vote, without being entitled to do so, or votes, or attempts to vote, on any other name than his own, or more than once on his own name ; or 2. \'otes. or offers to vote, at a political caucus, or primary election of a party, having voted at the political caucus or primary election of any other political party on the same day, or being at the time enrolled in a party other than the party at whose primary he votes or offers to vote ; or, who causes his name to be placed upon the rolls of a party organization of one party while his name is by his consent or procurement upon the rolls of a party organization of another party ; or, (Thus amended by chap. 625, L. 1905, in effect May 26, 1905.) 3. At a political caucus, or at a primary election, for the pur- pose of affecting the result thereof, votes or attempts to vote two or more ballots, or adds, or attempts to add, any ballot to those lawfully cast, by fraudulently introducing the same into the ballot box before or after the ballots therein have been counted, or who adds to or mixes with, or attempts to add to or m.ix with, the ballots lawfully cast, another ballot or other ballots before the votes have been counted or canvassed, or while the votes are being counted or canvassed ; or at any time abstracts any ballots lawfully cast, with intent to change the result of such election or to change the count thereat in favor of or against any person voted for at such election, or to prevent the ballots being re- counted or used as evidence ; or carries away, destroys, loses, conceals, detains, secretes, or mutilates, or attempts to carry away, destroy, conceal, detain, secrete, or mutilate, any tally lists, ballots, ballot boxes, enrollment books, certificates of return, or any ofiicial documents provided for by the primary election law The Penal Code. 259 or otherwise by law, for the purpose of affecting or invaHdating- tlie result of such election, or of destroying evidence ; or in any manner interferes with the officers holding any primary election or conducting the canvass of the votes cast thereat, or with voters lawfully exercising, or seeking to exercise, their right of voting at such primary election ; or 4. For the purpose of securing enrollment as a member of a political party, or for the purpose of being allowed to vote at a primary election as a member of a political party, makes and deposits or files, or makes or deposits or files with a board of primary inspectors, or with any public officer or board, a false declaration of party affiliation or willfully makes a false declara- tion of residence, either by an enrollment blank or otherwise, or falsely answers any pertinent question asked him by the board of primary inspectors, or the board of election inspectors, or by a member thereof; or knowingly, on any day of registration or in the interval between any such day and the next ensuing day of general election, reveals or discloses the names or number of the enrolled electors of any party, or makes, publishes, or circulates a list of such names, or of any thereof, or does or permits any act by which the name of the party with which an elector has enrolled, or the number of electors enrolled with a party, may be disclosed ; or 5. Fraudulently or wrongfully does any act tending to affect the result of any election at a political caucus or of any primary election or convention ; or 6. Induces or attempts to induce any officer, teller, canvasser, poll clerk, primary election inspector, election inspector, custodian of primary records, or clerk or employee of or in the office of a custodian of primary records at a political caucus, or primary election, or convention, or while discharging any duty or perform- ing any act required or made necessary by the primary election law, to do any act in violation of his duty, or in violation of the primary election law; or (Thus amended by chap. 625, L. 1905, in effect May 26, 1905.) 7. Directly or indirectly, by himself or through any other per- son, pays, or offers to pay, money or other valuable thing, or prom- ises a place or position, or offers any other consideration, or makes any other promise, to any person, to induce any voter or voters to vote, or refrain from voting, at a political caucus, primary election, or convention for or against any particular person or persons ; or 26o The Penal Code. does or offers to do, anything to hinder or delay any elector from taking part in, or voting at, a political caucus, or at a primary election; or 8. By menace or other unlawful or corrupt means, directly or in- directly, influences or attempts to influence, the vote of any person entitled to vote at a political caucus, primary election, or conven- tion, or obstructs such person in voting or prevents him from vot- ing thereat; or 9. Directly err indirectly, by himself or through any other per- son, receives money or other valuable thing, or a promise of a place or position, before, at, or after any political caucus, primary election, or convention, for voting or refraining from voting for or against any person, or for voting or refaining from voting at a political caucus, primary election, or convention; or 10. Being an officer, teller^ canvasser, primary inspector, at a political caucus, or at a primary election, knowingly permits any fraudulent vote to be cast, or knowingly receives and deposits in the ballot box any ballots offered by any person not qualified to vote; or permits the removal of ballots from the polling place be- fore the close of the polls, or refuses to receive ballots intended for the electors of the district, or refuses to deliver to any elector ballots intended for the electors of the district which have been delivered to the board of inspectors, or permits electioneering within the polling place or within one hundred feet therefrom, or fails to keep order within the polling place, or permits any person other than the inspectors to accompany an elector into a voting booth, or enters the voting booth with any elector, except one en- titled to receive assistance in the preparation of his ballot, or per- mits any person other than a voter, who has not voted, or watcher to come within the guard rail or removes or permits another to remove any mark placed upon a ballot for its identification, or (Thus amended by chap. 371, L. 1901.) 11. Being an officer, custodian of primary records, clerk or em- ploye of or in the office of a custodian of primary records, elec- tion inspector, primary inspector, or poll clerk, knowingly puts opposite the name of an elector in an enrollment book any enroll- ment number other than the number opposite such name on the registration books of such district, or knowingly delivers to or re- ceives from any elector on any day of registration an enrollment blank or envelope on which is any other enrollment number than that so opposite his name on such books of registration, or know- ingly transcribes from an enrollment blank to the enrollment books any refusal to enroll or enrollment not indicated on the en- rollment blank of the elector of such district whose enrollment num- ber appears on the same, or refuses or willfully neglects to tran- scribe from any enrollment blank to the proper enrollment books Thk Penal Code. 261 any refusal to enroll or enrollment indicated on the enrollment blank of such an elector, enrolls or attempts to enroll as a member of a political party, upon any of the enrollment books, any person not (jualified to enroll as such, or fraudulently enters thereupon the name of any person who has not enrolled as a member of any political party, or refuses or willfully neglects to enroll upon any of the enrollment books the name of any ciualified person who has demanded to be enrolled as a member of a political party, or at any time strikes from any of the enrollment books the name of any person duly enrolled, or at any time adds to any of the enrollment books the name of any person not qualified to be enrolled as a member of a political party, or the name of any person who in fact has not enrolled as such; or makes marks upon, mutilates, carries away, conceals, alters, or destroys any enrollment blank or enroll- ment envelope used or deposited by an elector on a day of registra- tion for the purpose of enrolling or refusing to enroll himself as a mem,ber of a political party; or mutilates, carries away, conceals, alters, or destroys any statement or declaration made by a quali- fied voter for the purpose of enrolling as a member of a party; or, prior to the close of the last meeting for registration in any year, mutilates, carries away, conceals, alters, or destroys any enroll- ment blanks or enrollment envelopes not then delivered to elec- tors; or 12. Being an of^cer, teller, canvasser, election inspector, prim- ary inspector, custodian of primary records, clerk or employee of or in the office of a custodian of primary records, or any officer of a political committee or a convention, willfully omits, refuses or neglects to do any act required by the primary election law or otherwise by law, or violates any of the provisions of the primary election law, or makes or attempts to make any false canvass of the ballots cast at a political caucus, primary election, or conven- tion, or a false statement of the result of a canvass of the ballots cast thereat ; or 13. Being a custodian o. primary records, or an officer of a political committee, or of a convention, who is charged with, or assumes, the duty of making up the preliminary roll of any con- vention, willfully includes in such roll the name of any person not certified to be elected thereto in accordance with the provisions of law, or who willfullv omits from such roll the name of any person who is so certified to be a delegate to such convention; Is guiltv of a misdemeanor. (Thus amended by chap. 530, Larvs 1899.) § 41-a. False registration. — Any person who: I. Causes or attempts to cause his name to be placed upon any list or register of voters in more than one election district for the same election, or more than once in the same election district, or 262 The Penal Code. 2. Who causes or attempts to cause his name to be placed upon a hst or register of voters knowing that he, will not be a qualified voter in the district at the election for which such list or register is made, or 3. Who registers or attempts to register as an elector under any other name than his own, or 4. Who knowingly gives a false residence within the election district when registering as an elector, or 5. Who knowingly permits, aids, assists, abets, procures, com- mands or advises another to commit any such act is guilty of a felony, punishable by ( i ) imprisonment in a state prison for not more than five years. (Thus amended by chap. 625, L. 1905, in effect May 26, 1905.) § 41-aa. Misconduct of registry officers. — Any member or clerk of a registry board who wilfully violates any provision of the election law relative to the registration of electors or wilfully neglects or refuses to perform any duty imposed on him by law, or is guilty of any fraud in the execution of the duties of his office, is guilty of a felony, punishable by imprisonment for not more than ten years. (Former § 41-c, renumhered and amended by chap. C)2j:,. L. 1005, in effect May 26, 1905.) § 41-b. Mutilation, destruction or loss of registry list, — Any person who wilfully loses, alters, destroys or mutilates the list or register of voters in any election district, or a certified copy thereof, or removes from the place of registration the public copy of such registration, after the making of the same and be- fore the closing of the polls of the election for which the same is made, is guilty of a misdemeanor. (Thus amended by chap. 625, L. 1905, in effect May 26, 1905.) § 41-c. Any person who, being a police commissioner or an officer or member of any police force in this state, either 1. Uses or threatens or attempts to use his official power or authority, in any manner, directly or indirectly, in aid of or against any political party, organization, association or society or to control, affect, influence, reward or punish the political adher- ence, affiliation, action, expression or opinion of any citizen ; or 2. Appoints, promotes, transfers, retires or punishes an officer or member of a police force, or asks for or aids in the promotion, transfer, retirement or punishment of an officer or member of a police force, because of the party adherence or affiliation of such officer or member, or for or on the request, direct or indirect, of any political party, organization, association or society, or of any officer, member of committee or representative official or other- wise of any political party, organization, association or society ; or 3. Contributes any money, directly or indirectly, to, or solicits, collects or receives any money for, any political fund, or joins or becomes a member of any political club, association, society or committee ; The Penal Code. 263 Is guilty of a misdemeanor. (Added by chap. 529, L. 1899, and rciutiiibcrcd by chap. 625, L. 1905, /;; effect May 26, 1905.) i^ 41-bb. Soliciting for support of newspaper. — Any person who solicits from a candidate for an elective office money or other property as a consideration for a newspaper or other publication supporting any candidate for an elective office, is guilty of a mis- demeanor. (Added by chap. 70, L. 1900. To take effect Sept. i, 1900.) § 41-d. Failure of housedweller to answer inquiries. — Any per- son dwelling in a Ijuildiiig in a city wlu) wilfully refuses to truly answer any question or wlio shall give false answers to any ques- tions asked by any elector of such city, between the first meeting of the boards of registry therein for any election and the closing of the polls at such election, relating to the residence and quali- fications as a voter of any person dwelling in such building, or of any person who appears upon the list or registry of voters made by a board of registry as residing at such building, or who know- ingly harbors or conceals any person who has falsely registered as a voter, or who shall rent any room or rooms, bed or beds to any person to be used by such person for himself or any other person for the purpose of unlawfully registering or voting there- from is guilty of a misdemeanor. (Thus amended by chap. 371, L. 1901, and chap. 625, L. 1905, in effect May 26, 1905.) § 4ie. Removal, mutilation or destruction of election booths, supplies, poll-lists or cards of instruction. — Any person who : 1. During an election or town meeting, willfully defaces or in- jures a voting booth or compartment, or willfully removes or destroys any of the supplies or other conveniences placed in the voting booths or compartments, in pursuance of law ; or, 2. Before the closing of the polls, willfully defaces or destroys any list of candidates to be voted for at such election or town meeting, posted in accordance with the election law ; or, 3. During an election or town meeting, willfully removes or de- faces the cards for the instruction of voters, posted in accordance with the election law, is guilty of a misdemeanor. § 41 f. Refusal to permit employees to attend election. — A per- son or corporation who refuses to an employee entitled to vote at an election or town meeting, the privilege of attending thereat, as provided by the election law or subjects such employee to a penalty or reduction of wages because of the exercise of such privilege, is guilty of a misdemeanor. § 4ig. Misconduct in relation to certificates of nomination and official ballots. — A person who, 1. Falsely makes or makes oath to, or fraudulently defaces or destroys, a certificate of nomination or any part thereof ; or 2. Files or receives for filing a certificate of nomination know- ing that any part thereof was falsely made ; or 264 The Penal Code. 3. Suppresses a certificate of nomination which has been duly filed, or any part thereof ; or 4. Forges or falsely makes the official indorsement of any bal- lot ; or 5. Having charge of ofificial ballots, destroys, conceals or sup- presses them, except as provided by law, Is punishable by imprisonment for not more than five years. (Thus amended b\ chap. 625, L. 1905, in effect May 26, 1905.) § 4ih. Failure to deliver official ballots. — Any person who has undertaken to deliver official ballots to any city, town or village clerk, or inspector, as authorized by the election law, and neglects or refuses to do so, is guilty of a misdemeanor. § 4ii. Misconduct of election officers and watchers. — Any elec- tion officer or watcher who : 1. Reveals to another person the name of any candidate for whom a voter has voted ; or, 2. Communicates to another person his opinion, belief or im- pression as to how or for whom a voter has voted ; or, 3. Places a mark upon a ballot, or does any other act by which one ballot can be distinguished from another, or can be identi- fied ; or 4. Before the closing of the polls, unfolds a ballot which a voter has prepared for voting, is guilty of a misdemeanor. (Thus amended bx chap. 625, L. 1905, in effect May 26. 1905.) § 41 j. Violation of election law by public officer. — A public officer who omits, refuses or neglects to perform any act required of him by the election law, or refuses to permit the doing of any act authorized thereby, is, if not otherwise provided by law, punishable by imprisonment for not more than three years, or by a fine of not more than three thousand dollars, or both. § 41k. Misdemeanors in relation to elections. — Any person who: 1. Acts as an inspector of election, poll clerk or ballot clerk, without being able to read, and write the English language, or without being otherwise qualified to hold such office : or, 2. Being an inspector of election, knowingly and willfully per- mits or suffers any person to vote who is not entitled to vote thereat ; or. 3. Willfully and unlawfully obstructs, hinders or delays, or aids or assists in obstructing or delaying any elector on his way to a registration or polling place, or while he is attempting to register or vote ; or, 4. Electioneers on election day within a polling place, or in any public street or in a building or room, unless such building or room has been maintained for such purpose for at least six rnonths previous to said election day. or in any public manner within one hundred feet of a polling place : or displays any political poster or placard, except those lawfully provided, in or upon any building used for registration or election purposes during any day for The Penal Code. 265 registration or election; or, (Tims amended by chap. 625, L. 1905, in effect May 26, 1905.) 5. Removes any official ballot from a polling place before the closing of the polls ; or 6. Unlawfully goes within the guard-rail of any polling place or unlawfully remains within such guard-rail after having been commanded to remove therefrom by any inspector of election ; or, 7. Enters a voting booth with any voter or remains in a voting booth while it is occupied by any voter, or opens the door of a voting booth when the same is occupied by a voter, with the in- tent to watch such voter while engaged in the preparation of his ballot, except as authorized by the election law ; or, 8. Being or claiming to be a voter, permits any other person to be in a voting booth with him while engaged in the preparation of his ballot, except as authorized by the election law, without openly protesting against and asking that such person be ejected ; or, 9. Having lawfully entered a voting booth with a voter, re- quests, persuades or induces such voter to vote any particular bal- lot or for any particular candidate, or, directly or indirectly, re- veals to another the name of any candidate voted for by such voter, or anything occurring within such voting booth ; or, 10. Shows his ballot after it is prepared for voting, to any per- son so as to reveal the contents, or solicits a voter to show the same ; or, 11. Places any mark upon his ballot, or does any other act in connection with his ballot with the intent that it may be identified as the one voted by him ; or, 12. Places any mark upon, or does any other act in connection with a ballot or paster ballot, with the intent that it may after- ward be identified as having been voted by any particular per- son ; or, 13,. Receives an official ballot from any person other than one of the ballot clerks having charge of the ballots ; or, 14. Not being a ballot clerk, delivers an official ballot to a voter ; or, 15. Not being an inspector of election, receives from any voter a ballot prepared for voting ; or, 16. Fails to return to the ballot clerks, before leaving the poll- ing place or going outside the guard-rail, each ballot not voted by him ; or, 17. Willfully defaces, injuries, mutilates, destroys or secretes any voting machine which belongs to any municipality for use at elections, and any person who commits or attempts to commit a fraud in the use of any such voting machine during an election ; or, 18. Willfully disobeys any lawful command of the board of in- spectors, or any member thereof, is guilty of a misdemeanor. 266 The Penal Code. This section shall apply to general and special elections, municipal elections and town meetings, but nothing therein shall prevent any person from receiving or delivering an unofficial sample bal- lot, or from receiving, delivering and voting an unofficial ballot as authorized by the election law. (Thus amended by chap. 265, Lazus 1895.) § 41I. Elegal voting. — Any person who: 1. Knowingly votes or offers or attempts to vote at any elec- tion, or town meeting, when not qualified ; or, 2. Procures, aids, assists, counsels or advises any person to go or come into any town, ward or election district, for the purpose of voting at any election, or town meeting, knowing that such person is not qualified ; or 3. Votes or offers or attempts to vote at an election, or town meeting more than once ; or votes or offers or attempts to vote at an election, or town meeting under any other name than his own ; or votes or offers or attempts to vote at an election, or town meet- ing in an election district or from a place where he does not reside ; or 4. Procures, aids, assists, commands or advises another to vote or offer or attempts to vote at an election, or town meeting, knowing that such person is not qualified to vote thereat ; or 5. Being an inhabitant of another state or county, votes or offers or attempts to vote at an election, or town meeting in this state or permits, aids, assists, abets, procures, commands or advises another to commit or attempt any act named in this section is guilty of felony, punishable by imprisonment in a state prison not more than five years, 6. An offer or attempt under this section shall be deemed to be the doing of any act made necessary by the election law prelim- inary to the delivery of a ballot to an elector or the deposit of the ballot in the ballot box. (Thus amended by chap. 371, Laws 1901, and chap. 625, Lazus 1905, in effect May 26, 1905.) § 41m. False returns. — An inspector or poll clerk of an election or town meeting, who intentionally makes, or attempts to make, a false canvass of the ballots cast thereat, or any false statement of the result of a canvass, though not signed by a majority of the The Penal Code. 267 inspectors, or any person who induces or attempts to induce any such inspector or clerk so to do, is guilty of a felony. (Section renumbered by chap. 371, L. 1901.) § 4in. Furnishing money or entertainment to induce attendan«e at polls. — Any person who, with the intent to promote the election of a person to an elective office: 1. Furnishes entertainment to the electors before or during an election or town meeting at which such person is a candidate; or, 2. Pays for, procures or engages to pay for such entertain- ment; or, 3. Furnishes money or other property, or engages to compen- sate any person for procuring the attendance of voters at the polls of such election or town meeting; or, 4. Contributes money for any other purpose than the printing and circulating of hand bills, books and other papers previous to an election or town meeting, or conveying electors to the polls, or music, or rent of halls, is guilty of a misdemeanor. (Section renumbered by chap. 371, L. 1901.) § 41 o. Giving consideration for franchise. — Any person who directly or indirectly, by himself or through any other person: I. Pays, lends or contributes, or offers or promises to pay, lend or contribute any money or other valuable consideration to or for any voter, or to or for any other person, to induce such voter or other person to vote or refrain from voting at any election, or to induce any voter or other person to vote or refrain from voting at such election for any particular person or persons, or for or against any particular proposition submitted to voters, or to in- duce such voter to come to the polls or remain away from the polls at such election, or to induce such voter or other person to place or cause to be placed or refrain from placing or causing to be placed his name upon a registry of voters, or on account of such voter or other person having voted or refrained from voting or having voted or refrained from voting for or agahist any par- ticular person or for or against any proposition submitted to vot- ers, or having come to the polls or remained away from the polls at such election, or having placed or caused to be placed or re- frained from placing or causing to be placed his or any other name upon the registry of voters; or 268 The Penal Code. 2. Gives, offers or promises any office, place or employment, or promises to procure or endeavor to procure any office, place or employment to or for any voter, or to or for any other person, in order to induce such voter or other person to vote or refrain from voting at any election, or to induce any voter or other person to vote or refrain from voting at such election, for or against any particular person or persons, or for or against any proposition submitted to voters, or to induce any voter or other person to place or cause to be placed or refrain from placing or causing to be placed his or any other name upon a registry of voters ; or 3. Gives, oft"ers or promises any office, place, employment or valuable thing as an inducement for any voter or other person to procure or aid in procuring either a large or a small vote, plurality or majority at any election district or other political division of the state, for a candidate or candidates to be voted for at an elec- tion ; or to cause a larger or smaller vote, plurality or majority to be cast or given for any candidate or candidates in one such district or political division than in another ; or 4. Makes any gift, loan, promise, offer, procurement or agree- ment as aforesaid to, for or with any person to induce such person to procure or endeavor to procure the election of any person or the vote of any voter at any election ; or 5. Procures or engages or promises or endeavors to procure, in consequence of any such gift, loan, offer, promise, procurement or agreement the election of any person, or the vote of any voter, at such election ; or 6. Advances or pays or causes to be paid, any money or other valuable thing, to or for the use of any other person with the in- tent that the same, or any part thereof, shall be used in bribery at any election, or knowingly pays or causes to be paid any money or other valuable thing to any person in discharge or repayment of any money, wholly or in part expended in bribery at any elec- tion, is guilty of (i) a felony, punishable by imprisonment for not more than five years, and in addition forfeits any office to which he may have been elected at the election with reference to which such offense was committed, and becomes incapable of holding any public office under the constitution and laws of the state for a period of five years after such conviction. (Thus amended by chap. 371, L. 1901, and chap. 625, L. 1905, in effect May 26, ic)05.) The Penal Code. 269 § 4ip. Receiving consideration for franchise. — Any person who, directly or indirectly, by himself or through any other person: 1. Receives, agrees or contracts for, before or during an elec- tion, any money, gift, loan or other valuable consideration, office, place or employment for himself or any other person, for voting or agreeing to vote, or for coming or agreeing to come to the polls, or for remaining away or agreeing to remain away from the polls, or for refraining or agreeing to refrain from registering as a voter, or for refraining or agreeing to refrain from voting, or for voting or agreeing to vote, or for refraining or agreeing to refrain from voting for or against any particular person or persons at any elec- tion, or for or against any proposition submitted to voters at such election ; or, 2. Receives any money or other valuable thing during or after an election on account of himself or any other person having voted or refrained from voting at such an election, or having reg- istered or refrained from registering as a voter, or on account of himself or any other person having voted or refrained from voting for or against any particular person at such election, or for or against any proposition submitted to voters at such election, or on account of himself or any other person having come to the polls or remained away from the polls at such election, or having registered or refrained from registering as a voter, or on account '^f having induced any other person to vote or refrain from voting ior or against any particular person or persons at such election, •)r for or against any proposition submitted to voters at such elec- tion, is guilty of (i) a felony, and in addition shall be excluded from the right of suffrage for five years after such conviction, and the county clerk of the county in which such person is con- victed shall transmit a certified copy of the record of conviction to the clerk of each county of the state, within ten days thereafter, which copy shall be filed in his oflfice by each of such clerks. (Thus amended by chap. 371, L. 1901, and chap. 625. L. 1905, in effect May 26, 1905.) § 4iq. Testimony upon prosecution. — A person offending against any section of this title is a competent witness against another person so offending and may be compelled to attend and testify on any trial, hearing or proceeding, or investigation in the same 2/0 The Penal Code. manner as any other person. The testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person testifying. Any such person testifying shall not there- after be liable to indictment, prosecution or punishment for the offense with reference to which his testimony was given, and may plead or prove the giving of testimony accordingly in bar of such an indictment or prosecution. (Thus amended by chap. 371, L. 1901.) § 41 r. Bribery or intimidation of elector in military service of United States. — Any person who, directly or indirectly, by bribery, menace or other corrupt means, controls or attempts to control an elector of this state enlisted in the military service of the United States, in the exercise of his rights under the election law, or an- noys, injures or punishes him for the manner in which he exer- cises such right, is guilty of a misdemeanor for which he may be tried at any future time when he may be found within this state; and upon conviction thereof shall thereafter be ineligible to any office therein. (Section renumbered by chap. 371, L. 1901.) § 41s. Duress and intimidation of voters. — Any person or cor- poration who directly or indirectly: 1. Uses or threatens to use any force, violence or restraint, or inflicts or threatens to inflict any injury, damage, harm or loss, or in any other manner practices intimidation upon or against any person in order to induce or compel such person to vote or refrain from voting at any election or to vote or refrain from voting for or against any particular person or persons or for or against any proposition submitted to voters at such election, or to place or cause to be placed or refrain from placing or causing to be placed, his name upon a registr>' of voters, or on account of such person having voted or refrained from voting at such 'election, or having voted or refrained from voting for or against any particular per- son or persons, or for or against any proposition submitted to voters at such election, or having registered or refrained from reg- istering as a voter ; or, 2. By abduction, duress or any forcible or fraudulent device or contrivance whatever impedes, prevents or otherwise interferes with the free exercise of the elective franchise by any voter, or com- The Penal Code. 271 pels, induces or prevails upon any voter to give or refrain from giving his vote for or against any particular person at any elec- tion ; or, 3. Being an employer pays his employees the salary or wages due in " pay envelopes," upon which there is written or printed any political motto, device or argument containing threats, express or implied, intended or calculated to influence the political opinions or actions of such employees, or within ninety days of a general election puts or otherwise exhibits in the establishment or place where his employees are engaged in labor, any hand bill or placard containing any threat, notice or information that if any particular ticket or candidate is elected or defeated, work in his place or estab- lishment will cease, in whole or in part, his establishment be closed up, or the wages of his employees reduced, or other threats, express or implied, intended or calculated to influence the political opin- ions or actions of his employees, is guilty of a misdemeanor, and if a corporation shall in addition forfeit its charter. (Section renuDibercd by chap. 371, L. 1901.) § 4it. Conspiracy to promote or prevent election. — Any two or more persons who conspire to promote or prevent the election of any person or persons to a public ofiice by the use of any means which are prohibited by law, shall be punishable by imprisonment for not more than one year; provided, any act besides such agree- ment be done to effect the object thereof by one or more of the parties to such conspiracy. (Section renumbered by chap. 371, L. 1901, and amended by chap. 625, L. 1905, i)i effect May 26, 1905-) § 41U. Political assessments. — Any person who: 1. Being an officer or employee of the state, or of a political subdivision thereof, directly or indirectly uses his authority or offi- cial influence to compel or induce any other officer or employee of the state or a political subdivision thereof, to pay or promise to pay any political assessments ; or, 2. Being an officer or employee of the state or of a political subdivision thereof, directly or indirectly, gives, pays or hands over to any other such officer or employee any money or other valuable thing on account of or to be applied to the promotion of his elec- tion, appointment or retention in office, or makes any promise, or gives any subscription to such officer or employee to pay or con- tribute any money or other valuable thing for any such purpose or object ; or, 272 The Penal Code. 3. Being such an officer or employee and having charge or con- trol of any building, office or room occupied for any purpose of the state or of a political subdivision thereof, consents that any person enter the same for the purpose of making, collecting, receiving or giving notice of any political assessment ; or, 4. Enters or remains in any such office, building or room, or sends or directs any letter or other writing thereto, for the purpose of giving notice of demanding or collecting or being therein, gives notice of, demands collects or receives, any political assessment; 5. Prepares or makes out, or takes any part in preparing or making out, any political assessment, subscription or contribution, with the intent that the same shall be sent or presented to or col- ected of any such officer or employee ; or, 6. Sends or presents any political assessment, subscription, or contribution to, or requests its payment of, any such officer or em- ploye, Is guilty of a misdemeanor. (Section renumbered by chap. 371, L. 1901.) § 41V. Corrupt use of position or authority. — Any person who, 1. While holding a public office, or being nominated or seeking a nomination or appointment therefor, corruptly uses or promises to use, directly or indirectly, any official authority or influence possessed or anticipated, in the way of conferring upon any person, or in order to secure, or aid any person in securing, any office or public employment, or any nomination, confirmation, promotion or increase of salary, upon consideration that the vote or political influence or action of the person so to be benefited or of any other person shall be given or used in behalf of any candidate, officer or party or upon any other corrupt condition or consideration ; or, 2. Being a public officer or employee of the state or a political subdivision having, or claiming to have, any authority or influence afifecting the nomination, public employment, confirmation, pro- motion, removal, or increase or decrease of salary of any public officer or employee, or promises or threatens to use, any such authority or influence, directly or indirectly to affect the vote or political action of any such public officer or employee, or on account of the vote or political action of such officer or employee ; or 3. Makes, tenders or offers to procure, or cause any nomination or appointment for any public office or place, or accepts or requests any such nomination or appointment, upon the payment or contri- The Penal Code. 273 bution of any valuable consideration, or upon an understanding or promise thereof, or 4. Makes any gift, promise or contribution to any person, upon the condition or consideration of receiving- an appointment or election to a public office or position of public employment, or for receiving or retaining any such office or position, or promotion, privilege, increase of salary or compensation therein, or exemption from removal or discharge therefrom, is punishable by impris- onment for not more than two years or by a fine of not more than three thousand dollars or both. (Section renumbered by chap. 371. L. 1901.) § 41 w. Failure to file candidate's statement of expenses. — Every candidate who is voted for at any public election, held within this state shall, within ten days after such election, file as hereinafter provided an itemized statement showing in detail all the moneys contributed or expended by him, directly or indirectly, by himself or through any other person, in aid of his election. Such statement shall give the names of the various persons who received such moneys, the specific nature of each item, and the purpose for which it was expended or contributed. There shall be attached to such statement an affidavit subscribed and sworn to by such candidate, setting forth in substance that the statement thus made is in all respects true, and that the same is a full and detailed statement of all moneys so contributed or expended by him, directly or indi- rectly, by himself or through any other person, in aid of his elec- tion. Candidates for offices to be filled by the electors of the en- tire state, or any division or district thereof greater than a county, shall file their statements in the office of the secretary of state. The candidates for town, village and city offices, excepting in the city of New York shall file their statements in the office of the town, village or city clerk, respectively, and in cities wherein there is no city clerk, with the clerk of the common council of the city wherein the election occurs. Candidates for all other offices, including all officers in the city and county of New York, shall file their state- ments in the office of the clerk of the county wherein the election occurs. Any candidate for office who refuses or neglects to file a statement as prescribed in this section shall be guilty of a misde- meanor, and shall also forfeit his office. (Sectiou renumbered by chap. 371, L. 1 90 1.) § 41 X. Procuring fraudulent certificates in order to vote. — Any person who knowingly and willfully procures from any court. 274 The Penal Code. judge, clerk or other officer, a certificate of naturalization, which has been allowed, issued, signed or sealed in violation of the laws of the United States or of this state, with intent to enable himself or any other person to vote at any election when he or such person is not entitled by the laws of the United States to become a citizen or to exercise the elective franchise is guilty of a felony. § 4iy. Presenting fraudulent certificates to registry boards to procure registration. — A person who knowingly and willfully pre- sents to any board of officers, for the purpose of having himself or any other person placed upon any list or registry of voters, or to any board of officers for the purpose of enabling himself or any other person to vote at any election, any certificate of naturaliza- tion which has been allowed or issued by or procured from any judicial officer, clerk of a court, or other ministerial officer of a court, by any false statement, oath or representation, or in violation of the laws of the United States or of this state, with intent to enable any person to vote at any election, when such person is not entitled by the laws of the United States to become a citizen, or of this state, to exercise the elective franchise, is guilty of a felony. §4iz. Soliciting from candidates. — Any person who solicits from a candidate for an elective office money or other property, or who seeks to induce such candidate who has been placed in nomination to purchase any ticket, card or other evidence of admis- sion to any ball, picnic, fair or entertainment of any kind, is guilty of a misdemeanor ; but this section shall not apply to a request for a contribution of money by an authorized representative of the * political party, organization or association to which such candidate belongs. § 41-zz. Punishment; first offense. — Any person convicted of a misdemeanor under this title shall for a fi'rst offense be punished by imprisonment for not more than one year, and by a fine of not more than five hundred dollars. Any person convicted of a mis- demeanor under this title for a second or a subsequent offense shall be deemed guilty of a felony. (Added by chap. 371, L. 1901. and thus amended by chap. 625, L. 1905, in effect May 26, 1905-) CONSTITUTION OF THE State of New York. PROVISIONS THEREIN, CONCERNING ELECTIONS AND ELECTIVE OFFICES. ARTICLE II. Section i. Qualifications of voters. — Every male citizen of the age of twenty-one years, who shall have been a citizen for ninety days, and an inhabitant of this state one year next preceding an election, and for the last four months a resident of the county, and for the last thirty days a resident of the election district in which he may offer his vote, shall be entitled to vote at such election in the election district of which he shall at the time be a resident, and not elsewhere, for all officers that now are or hereafter may be elective by the people ; and upon all questions which may be sub- mitted to the vote of the people, provided that in time of war no elector in the actual military service of the state, or of the United States, in the army or navy thereof, shall be deprived of his vote by reason of his absence from such election district ; and the leg- islature shall have power to provide the manner in which and the time and place at which such absent electors may vote, and for the return and canvass of their votes in the election districts in which they respectively reside. § 2. Persons excluded from the right of suffrage, etc. — No per- son who shall receive, accept or offer to receive, or pay, offer or promise to pay, contribute, offer or promise to contribute to an- other, to be paid or used, any money or other valuable thing as a compensation or reward for the giving or withholding a vote at an election, or who shall make any promise to influence tlie giving 276 Constitution of the State. or withholding any such vote, or who shall make or become di- rectly or indirectly interested in any bet or wager depending upon the result of any e^-^ction, shall vote at such election; and upon challenge for such cause, the person so challenged, before the officers authorized for that purpose shall receive his vote, shall swear or affirm before such officers that he has not received or offered, does not expect to receive, has not paid, offered or prom- ised to pay, contributed, offered or promised to contribute to an- other, to be paid or used, any money or other valuable thing as a compensation or reward for the giving or withholding a vote at such election, and has not made any promise to influence the giving or withholding of any such vote, nor made or become directly or indirectly interested in any bet or wager depending upon the re- sult of such election. The legislature shall enact laws excluding from the right of suffrage all persons convicted of bribery or of any infamous crime. § 3. Certain occupations and conditions not to affect residence of voters. — For the purpose of voting, no person shall be deemed to have gained or lost a residence, by reason of his presence or ab- sence, while employed in the service of the United States; nor while engaged in the navigation of the waters of this state, or of the United States, or of the high seas ; nor while a student of any seminary of learning; nor while kept at any almshouse, or other asylum, or institution wholly or partly supported at public expense, or by charity ; nor while confined in any public prison. § 4. Registration and election laws to be passed. — Laws shall be made for ascertaining, by proper proofs, the citizens who shall be entitled to the right of suffrage hereby established, and for the registration of voters ; which registration shall be completed at least ten days before each election. Such registration shall not be required for town and village elections except by express provision of law. In cities and villages having five thousand inhabitants or more, according to the last preceding state enumeration of inhab- itants, voters shall be registered upon personal application only; but voters not residing in such cities or villages shall not be re- quired to apply in person for registration at the first meeting of the officers having charge of the registry of voters. § 5. Manner of voting. — All elections by the citizens, except for such town officers as may by law be directed to be otherwise Constitution of the State. 277 chosen, shall be by ballot, or by such other method as may be pre- scribed by law, provided that secrecy in voting be preserved. § 6. Begistration and election boards to be bi-partisan, except at town and village elections. — All laws creating, regulating or af- fecting boards of officers charged with the duty of registering voters, or of distributing ballots at the polls to voters, or of receiv- ing, recording or counting votes at elections, shall secure equal rep- resentation of the two political parties which, at the general election next preceding that for which such boards or officers are to serve, cast the highest and the next highest number of votes. All such boards and officers shall be appointed or elected in such manner, and upon the nomination of such representatives of said parties respectively, as the legislature may direct. Existing laws on this subject shall continue until the legislature shall otherwise provide. This section shall not apply to town meetings, or to village elec- tions. ARTICLE III. Section i. Legislative powers. — The legislative power of this state shall be vested in the senate and assembly. § 2. Number and terms of senators and assemblymen. — The senate shall consist of fifty members, except as hereinafter pro- vided. The senators elected in the year one thousand eight hun- dred and ninety-five shall hold their offices for three years, and their successors shall be chosen for two years. The assembly shall con- sist of one hundred and fifty members who shall be chosen for one year. § 3. Senate districts. — The state shall be divided into fifty dis- tricts to be called senate districts, each of which shall choose one senator. The districts shall be numbered from one to fifty, in- clusive. District number one (i) shall consist of the counties of Suffolk and Richmond. District number two (2) shall consist of the county of Queens. District number three (3) shall consist of that part of the county of Kings, comprising the first, second, third, fourth, fifth and sixth wards of the city of Brooklyn. District number four (4) shall consist of that part of the county 278 Constitution of the State. of Kings comprising the seventh, thirteenth, nineteenth and twenty- first wards of the city of Brooklyn. District number five (5) shall consist of that part of the county of Kings comprising the eighth, tenth, twelfth and thirtieth wards of the city of Brooklyn, and the ward of the City of Brooklyn which was formerly the town of Gravesend. District number six (6) shall consist of that part of the county of Kings comprising the ninth, eleventh, twentieth and twenty-second wards of the city of Brooklyn. District number seven (7) shall consist of that part of the county of Kings comprising the fourteenth, fifteenth, sixteenth and sev- enteenth wards of the city of Brooklyn. District number eight (8) shall consist of that part of the county of Kings comprising the twenty-third, twenty-fourth, twenty-fifth and twenty-ninth wards of the city of Brooklyn, and the town of Flatlands. District number nine (9) shall consist of that part of the county of Kings comprising the eighteenth, twenty-sixth, twenty-seventh and twenty-eighth wards of the city of Brooklyn. District number ten (10) shall consist of that part of the county of New York within and bounded by a line beginning at Canal street and the Hudson river, and running thence along Canal street, Hudson street, Dominick street, Varick street, Broome street, Sulli- van street, Spring street, Broadway, Canal street, the Bowery, Divi- sion street, Grand street and Jackson street, to the East river and thence around the southern end of Manhattan island, to the place of beginning, and also Governor's, Bedloe's and Ellis islands. District number eleven (11) shall consist of that part of the county of New York lying north of district number ten, and within and bounded by a line beginning at the junction of Broadway and Canal street, and running thence along Broadway, Fourth street, the Bowery and Third avenue, St. Mark's place. Avenue A, Sev- enth street, Avenue B, Clinton street, Rivington street, Norfolk street. Division street. Bowery and Canal street, to the place of beginning. District number twelve (12) shall consist of that part of the county of New York lying north of districts numbers ten and eleven and within and bounded by a line beginning at Jackson street and the East river, and running thence through Jackson Constitution of the State. 279 street, Grand street, Division street, Norfolk street, Rivington street, Clinton street. Avenue B, Seventh street, Avenue A, St. Mark's place. Third avenue. East Fourteenth street to the East river, and along the East river, to the place of beginning. District number thirteen (13) shall consist of that part of the county of New York lying north of district number ten, and within and bounded by a line beginning at the Hudson river at the foot of Canal street, and running thence along Canal street, Hudson street, Dominick street, Varick street, Broome street, Sullivan street, Spring street, Broadway, Fourth street, the Bowery and Third avenue, Fourteenth street, Sixth avenue, West Fifteenth street, Seventh avenue. West Nineteenth street, Eighth avenue, West Twentieth street, and the Hudson river, to the place of beginning. District number fourteen (14) shall consist of that part of the county of New York lying north of districts numbers twelve and thirteen, and within and bounded by a line beginning at East Four- teenth street and the East river, and running thence along East Fourteenth street, Irving place, East Nineteenth street, Third avenue, East Twenty-third street, Lexington avenue. East Fifty- third street, Third avenue, East Fifty-second street, and the East river, to the place of beginning. District number fifteen (15) shall consist of that part of the county of New York lying north of district number thirteen, and within and bounded by a line beginning at the junction of West Fourteenth street and Sixth avenue, and running thence along Sixth avenue, West Fifteenth street, Seventh avenue, West For- tieth street. Eighth avenue, and the transverse road across Central park at Ninety-seventh street. Fifth avenue. East Ninety-sixth street, Lexington avenue. East Twenty-third street. Third avenue. East Nineteenth street, Irving place and Fourteenth street, to the place of beginning. District number sixteen (16) shall consist of that part of the county of New York lying north of district number thirteen, and within and bounded by a line beginning at Seventh avenue and West Nineteenth street, and running thence along West Nine- teenth street. Eighth avenue, West Twentieth street, the Hudson river, West Forty-sixth street. Tenth avenue, West Forty-third street, Eighth avenue, West Fortieth street and Seventh avenue, to the place of beginning. 28o Constitution of the State. District number seventeen (17) shall consist of that part of the county of New York lying north of district number sixteen, and within and bounded by a line beginning at the junction of Eighth avenue and West Forty-third street, and running thence along West Forty-third street. Tenth avenue, West Forty-sixth street, the Hudson river. West Eighty-ninth street, Tenth or Am- sterdam avenue, West Eighty-sixth street. Ninth or Columbus avenue. West Eighty-first street and Eighth avenue, to the place of beginning. District number eighteen (18) shall consist of that part of the county of New York lying north of district number fourteen, and within and bounded by a line beginning at the junction of East Fifty-second street and the East river, and running thence along East Fifty-second street, Third avenue, East Fifty-third street, Lexington avenue. East Eighty-fourth street, Second avenue, East Eighty-third street and the East river, to the place of beginning; and also Blackwell's island. District number nineteen (19) shall consist of that part of the county of New York lying north of district number seventeen, and within and bounded by a line beginning at West Eighty-ninth street and the Hudson river, and running thence along the Hudson river and Spuyten Duyvil creek around the northern end of Manhattan island, thence southerly along the Harlem river to the north end of Fifth avenue; thence along Fifth avenue, East One Hundred and Twenty-ninth street, Fourth or Park avenue. East One Hun- dred and Tenth street. Fifth avenue, the transverse road across Central park at Ninety-seventh street. Eighth avenue. West Eighty-first street, Ninth or Columbus avenue, West Eighty-sixth street, Tenth or Amsterdam avenue and West Eighty-ninth street, to the place of beginning. District number twenty (20) shall consist of that part of the county of New York lying north of districts numbers eighteen and fifteen, and within and bounded by a line beginning at East Eighty-third street and the East river, running thence through East Eighty-third street, Second avenue, East Eighty-fourth street, Lexington avenue, East Ninety-sixth street. Fifth avenue, East One Hundred and Tenth street. Fourth or Park avenue, East One Hundred and Nineteenth street to the Harlem river, and along Constitution of the State. agi the Harlem and East rivers to the place of beginning; and also Randall's island and Ward's island. All of the above districts in the county of New York bounded upon or along the boundary waters of the county, shall be deemed to extend to the county line. District number twenty-one (21) shall consist of that part of the county of New York lying north of districts numbers nineteen and twenty, within and bounded by a line beginning at East One Hundred and Nineteenth street and the Harlem river, and running thence along East One Hundred and Nineteenth street, Fourth or Park avenue. One Hundred and Twenty-ninth street. Fifth avenue and the Harlem river, to the place of beginning ; and all that part of the county of New York not hereinbefore described. District number twenty-two (22) shall consist of the county of Westchester. District number twenty-three (23) shall consist of the counties of Orange and Rockland. District number twenty-four (24) shall consist of the counties of Dutchess, Columbia and Putnam. District number twenty-five (25) shall consist of the counties of Ulster and Greene. District number twenty-six (26) shall consist of the counties of Delaware, Chenango and Sullivan. District number twenty-seven (27) shall consist of the counties of Montgomery, Fulton, Hamilton and Schoharie. District number twenty-eight (28) shall consist of the counties of Saratoga, Schenectady and Washington. District number twenty-nine (29) shall consist of the county of Albany, District number thirty (30) shall consist of the county of Rensselaer. District number thirty-one (31) shall consist of the counties of Clinton, Essex and Warren. District number thirty-two (32) shall consist of the counties of St. Lawrence and Franklin. District number thirty-three (33) shall consist of the counties of Otsego and Herkimer. District number thirty- four (34) shall consist of the county of Oneida. 282 Constitution of the State. District number thirty-five (35) shall consist of the counties of Jefferson and Lewis. District number thirty-six (36) shall consist of the county of Onondaga. District number thirty-seven (37) shall consist of the counties of Oswego and Madison. District number thirty-eight (38) shall consist of the counties of Broome, Cortland and Tioga. District number thirty-nine (39) shall consist of the counties of Cayuga and Seneca. District number forty (40) shall consist of the counties of Che- mung, Tompkins and Schuyler. District number forty-one (41) shall consist of the counties of Steuben and Yates. District number forty-two (42) shall consist of the counties of Ontario and Wayne. District number forty-three (43) shall consist of that part of the county of Monroe comprising the towns of Brighton, Henri- etta, Irondequoit, Mendon, Penfield, Perinton, Pittsford, Rush and Webster, and the fourth, sixth, seventh, eighth, twelfth, thir- teenth, fourteenth, sixteenth, seventeenth and eighteenth wards of the city of Rochester, as at present constituted. District number forty-four (44) shall consist of that part of the county of Monroe comprising the towns of Chili, Clarkson, Gates, Greece, Hamlin, Ogden, Parma, Riga, Sweden and Wheatland, and the first, second, third, fifth, ninth, tenth, eleventh, fifteenth, nineteenth and twentieth wards of the city of Rochester, as at present constituted. District number forty-five (45) shall consist of the counties of Niagara, Genesee and Orleans. District number forty-six (46) shall consist of the counties of Allegany, Livingston and Wyoming. District number forty-seven (47 ) shall consist of that part of the county of Erie comprising the first, second, third, sixth, fifteenth, nineteenth, twentieth, twenty-first, twenty-second, twenty-third and twenty-fourth wards of the city of Buffalo, as at present consti- tuted. District number forty-eight (48) shall consist of that part of the county of Erie comprising the fourth, fifth, seventh, eighth. Constitution of the State. 283 ninth, tenth, eleventh, twelfth, thirteenth, fourteenth and sixteenth wards of the city of BufTalo, as at present constituted. District number forty-nine (49) shall consist of that part of the county of Erie comprising the seventeenth, eighteenth and twenty- fifth wards of the city of Buffalo as at present constituted, and all the remainder of the said county of Erie not hereinbefore de- scribed. District number fifty (50) shall consist of the counties of Chau- tauqua and Cattaraugus. § 4. Enumeration to be taken every ten years — senate districts, how altered. — An enumeration of the inhabitants of the state shall be taken under the direction of the secretary of state, during the months of May and June, in the year one thousand nine hun- dred and five, and in the same months every tenth year there- after ; and the said districts shall be so altered by the legislature at the first regular session after the return of ever>' enumeration, that each senate district shall contain as nearly as may be an equal number of inhabitants, excluding aliens, and be in as compact form as practicable, and shall remain unaltered until the return of another enumeration, and shall at all times, consist of contig- uous territory, and no county shall be divided in the formation of a senate district except to make two or more senate districts wholly in such county. No town, and no block in a city inclosed by streets or public ways, shall be divided in the formation of senate districts; nor shall any district contain a greater excess in population over an adjoining district in the same county, than the population of a town or block therein, adjoining such district. Counties, towns or blocks which, from their location, may be in- cluded in either of two districts, shall be so placed as to make said districts most nearly equal in number of inhabitants, excluding aliens. No county shall have four or more senators unless it shall have a full ratio for each senator. No county shall have more than one-third of all the senators ; and no two counties or the territory thereof as now organized, which are adjoining counties, or which are separated only by public waters, shall have more than one- half of all the senators. The ratio for apportioning senators shall always be obtained by dividing the number of inhabitants, excluding aliens, by fiftv 284 Constitution of the State. and the senate shall always be composed of fifty members, except that if any county having three or more senators at the time of any apportionment shall be entitled on such ratio to an additional senator or senators, such additional senator or senators shall be given to such county in addition to the fifty senators, and the whole number of senators shall be increased to that extent. § 5. Apportionment of assemblymen; creation of assembly dis- tricts. — The members of the assembly shall be chosen by single districts, and shall be apportioned by the legislature at the first regular session after the return of every enumeration among the several counties of the state, as nearly as may be according to the number of their respective inhabitants, excluding aliens. Every county heretofore established and separately organized, except the county of Hamilton, shall always be entitled to one member of assembly, and no county shall hereafter be erected unless its pop- ulation shall entitle it to a member. The county of Hamilton shall elect with the county of Fulton, until the population of the county of Hamilton shall, according to the ratio, entitle it to a member. But the legislature may abolish the said county of Hamilton and annex the territory thereof to some other county or counties. The quotient obtained by dividing the whole number of inhab- itants of the state, excluding aliens, by the number of members of assembly, shall be the ratio for apportionment, which shall be made as follows: One member of assembly shall be apportioned to every county, including Fulton and Hamilton as one county, containing less than the ratio and one-half over. Two members shall be apportioned to every other county. The remaining mem- bers of assembly shall be apportioned to the counties having more than two ratios according to the number of inhabitants, exclud- ing aliens. Members apportioned on remainders shall be appor- tioned to the counties having the highest remainders in the order thereof respectively. No county shall have more members of assembly than a county having a greater number of inhabitants, excluding aliens. Until after the next enumeration, members of the assembly shall be apportioned to the several counties as follows: Albany county, four members; Allegany county, one member; Broome county, two members ; Cattaraugus county, two members ; Cayuga county, two members ; Chautauqua county, two members ; Che- Constitution of the State. 285 mung county, one member ; Chenango county, one member ; Clin- ton county, one member ; Columbia county, one member ; Cortland county, one member; Delaware county, one member; Dutchess county, two members ; Erie county, eight members ; Essex county, one member ; Franklin county, one member ; Fulton and Hamilton counties, one member ; Genesee county, one member ; Greene county, one member ; Herkimer county, one member ; Jefferson county, two members ; Kings county, twenty-one members ; Lewis county, one member; Livingston county, one member; Madison county, one member ; Monroe county, four members ; Montgom- ery county, one member; New York county, thirty-five members; Niagara county, two members ; Oneida county, three members ; Onondaga county, four members; Ontario county, one member; Orange county, tw.o members ; Orleans county, one member ; Oswego county, two members ; Otsego county, one member ; Put- nam county, one member ; Queens county, three members ; Rensse- laer county, three members ; Richmond county, one member ; Rock- land county, one member; St. Lawrence county, two members; Saratoga county ,one member ; Schenectady county, one member ; Schoharie county, one member ; Schuyler county, one member ; Seneca county, one member ; Steuben county, two members ; Suf- folk county, two members ; Sullivan county, one member ; Tioga county, one member ; Tompkins county, one member ; Ulster county, two members ; Warren county, one member ; Washington county, one member ; Wayne county, one member ; Westchester county, three members ; Wyoming county, one member, and Yates county, one member. In any county entitled to more than one member, the board of supervisors, and in any city embracing an entire county and hav- ing no board of supervisors, the common council, or if there be none, tlie body exercising the powers of a common council, shall assemble on the second Tuesday of June, one thousand eight hun- dred and ninety-five, and at such times as the legislature making an apportionment shall prescribe, and divide such counties into assembly districts as nearly equal in number of inhabitants, excluding aliens, as may be, of convenient and contiguous territory in as compact form as practicable, each of which shall be wholly within a senate district formed under the same apportionment equal to the number of members of assembly to which such county shall 286 Constitution of the State. be entitled, and shall cause to be filed in the office of the secretary of state and of the clerk of such county, a description of such dis- tricts, specifying the number of each district and of the inhab- itants thereof, excluding aliens, according to the last preceding enumeration; and such apportionment and districts shall remain unaltered until another enumeration shall be made, as herein pro- vided; but said division of the city of Brooklyn and the county of Kings to be made on the second Tuesday of June, one thousand eiglit hundred and ninety-five, shall be made by the common council of said city and the board of supervisors of said county, assembled in joint session. In counties having more than one senate district, the same number of assembly districts shall be put in each senate district, unless the assembly districts cannot be evenly divided among the senate districts of any county, in which case one more assembly district shall be put in the senate district in such county having the largest, or one less assembly district shall be put in the senate district in such county having the smallest number of inhab- itants, excluding aliens, as the case may require. No town, and no block in a city inclosed by streets or public ways, shall be divided in the formation of assembly districts, nor shall any district contain a greater excess in population over an adjoining district in the same senate district, than the population of a town or block therein adjoining such assembly district. Towns or blocks which, from their location, may be included in either of two districts, shall be so placed as to make said districts most nearly equal in number of inhabitants, excluding aliens ; but in the division of cities under the first apportionment, regard shall be had to the number of inhab- itants, excluding aliens, of the election districts according to the state enumeration of one thousand eight hundred and ninety-two, so far as may be. instead of blocks. Nothing in this section shall prevent the division, at any time, of counties and towns, and the erection of new towns by the legislature. An apportionment by the legislature, or other body, shall be subject to review by the supreme court, at the suit of any citizen, under such reasonable regulations as the legislature may pre- scri1>e ; and any court before which a catise may be pending involv- ing an apportionment, shall give precedence thereto over all other causes and proceedings, and if said court be not in session it shall convene promptly for the disposition of the same. Constitution of the State. 287 § 6. Compensation of members. — Each member of the legislature shall receive for his services an annual salary of one thousand five hundred dollars. The members of either house shall also receive the sum of one dollar for every ten miles they shall travel in going to or returning from their place of meeting, once in each session, on the most usual route. Senators, when the senate alone is convened in extraordinary session, or when serving as members of the court for the trial of impeachments, and such members of the assem- bly, not exceeding nine in number, as shall be appointed managers of an impeachment, shall receive an additional allowance of ten dollars a day. § 7. Civil appointments of members void. — No member of the legislature shall receive any civil appointment within this state, or the senate of the United States, from the governor, the gov- ernor and senate, or from the legislature, or from any city gov- ernment, during the time for which he shall have been elected; and all such appointments and all votes given for any such member for any such office or appointments shall be void. § 8. Persons disqualified for being members. — No person shall be eligible to the legislature, who at the time oi" his election, is. or within one hundred days previous thereto has been, a member of congress, a civil or military officer under the United States, or an officer under any city government. And if any person shall, after his election as a member of the legislature, be elected to congress, or appointed to any office, civil or military, under the government of the United States, or under any city government, his acceptance thereof shall vacate his seat. § 9. Time of election fixed. — The elections of senators and mem- bers of assembly, pursuant to the provisions of this Constitution, shall be held on the Tuesday succeeding the first Monday of November, unless otherwise directed by the legislature. ******* § 18. Private and local bills not to be passed in certain cases. — The legislature shall not pass a private or local bill in any of the following cases : ******* Providing for election of members of boards of supervisors. 388 Constitution of the State. The opening and conducting of elections or designating places of voting. ******* § 27. Local legislative powers. — The legislature shall, by gen- eral laws, confer upon the boards of supervisors of the several counties of the state such further powers of local legislation and administration as the legislature may from time to time deem ex- pedient. § 28. Extra compensation prohibited. — The legislature shall not, nor shall the common council of any city, nor any board of supervisors, grant any extra compensation to any public officer, servant, agent or contractor. ARTICLE IV Sec. I. Executive power, how vested. — The executive power shall be vested in a governor, who shall hold his office for two years; a lieutenant-governor shall be chosen at the same time, and for the same term. The governor and lieutenant-governor elected next preceding the time when this section shall take effect, shall hold office until and including the thirty-first day of December, one thousand eight hundred and ninety-six, and their successors shall be chosen at the general election in that year. § 2. ftualifications of governor and lieutenant-governor. — No person shall be eligible to the office of governor or lieutenant- governor, except a citizen of the United States, of the age of not less than thirty years, and who shall have been five years next pre- ceding his election a resident of this state. § 3. Election of governor and lieutenant-governor. — The gov- ernor and lieutenant-governor shall be elected at the times and places of choosing members of the assembly. The persons respec- tively having the highest number of votes for governor and lieu- tenant-governor shall be elected ; but in case two or more shall have an equal and the highest number of votes for governor, or for lieutenant-governor, the two houses of the legislature at its next annual session shall forthwith, by joint ballot, choose one of the said persons so having an equal and the highest number of votes for governor or lieutenant-governor. , Constitution of the State. 289 § 7. Qualifications of lieutenant-governor. — The lieutenant- governor shall possess the same qualifications of eligibility for of- fice as the governor. He shall be president of the senate, but shall have only a casting vote therein. If during a vacancy of the office of governor, the lieutenant-governor shall be impeached, dis- placed, resign, die, or become incapable of performing the duties of his office, or be absent from the state, the president of the sen- ate shall act as governor until the vacancy be filled or the disability shall cease; and if the president of the senate for any of the above causes shall become incapable of performing the duties pertaining to the office of governor, the speaker of the assembly shall act as governor until the vacancy be filled or the disability shall cease. ARTICLE V Sec. I. State officers. — The secretary of state, comptroller, treasurer, attorney-general and state engineer and surveyor shall be chosen at a general election at the times and places of elect- ing the governor and lieutenant-governor, and shall hold their offices for two years, except as provided in section two of this article. Each of the officers in this article named, excepting the speaker of the assembly, shall, at stated times during his continu- ance in office, receive for his services a compensation which shall not be increased or diminished during the term for which he shall have been elected ; nor shall he receive to his use any fees or perquisites of office or other compensation. No person shall be elected to the office of state engineer and surveyor who is not a practical civil engineer. § 2. First election of state officers. — The first election of the sec- retary of state, comptroller, treasurer, attorney-general and state engineer and surveyor, pursuant to this article shall be held in the year one thousand eight hundred and ninety-five, and their terms of office shall begin on the first day of January following, and shall be for three years. At the general election in the year one thousand eight hundred and ninety-eight, and every two years thereafter, their successors shall be chosen for the term of two years. ******* § 7. Treasurer may be suspended by the governor. — The treas- urer may be suspended from office by the governor, during the re- 290 Constitution of the State. cess of the legislature, and until thirty days after the commence- ment of the next session of the legislature, whenever it shall ap- pear to him that such treasurer has, in any particular, violated his duty. The governor shall appoint a competent person to discharge the duties of the office during such suspension of the treasurer. ARTICLE VI Sec. I. Supreme court, how constituted; judicial disMcts. — ^The supreme court is continued with general jurisdiction in law and equity, subject to such appellate jurisdiction of the court of ap- peals as now is or may be prescribed by law not inconsistent with this article. The existing judicial districts of the state are con- tinued until changed as hereinafter provided. The supreme court shall consist of the justices now in office, and of the judges trans- ferred thereto by the fifth section of this article, all of whom shall continue to be justices of the supreme court during their respec- tive terms, and of twelve additional justices who shall reside in and be chosen by the electors of, the several existing judicial districts, three in the first district, three in the second, and one in each of the other districts; and of their successors. The successors of said justices shall be chosen by the electors of their respective judicial districts. The legislature may alter the judicial districts once after every enumeration under the constitution, of the inhabitants of the state, and thereupon reapportion the justices to be thereafter elected in the districts so altered. § 2. Judicial departments. — The legislature shall divide the state into four judicial departments. The first department shall consist of the county of New York; the others shall be bounded by county lines, and be compact and equal in population as nearly as may be. Once every ten years the Legislature may alter the judicial departments, but without increasing the number thereof. ******* § 4. Terms of office vacancies, how filled. — The official terms of the justices of the supreme court shall be fourteen years from and includmg the first day of January next after their election. When a vacancy shall occur otherwise than by expiration of term in the office of justice of the supreme court the same shall be filled for Constitution of the State. a^l a full term, at the next general election, happening not less than three months after such vacancy occurs ; and, until the vacancy shall be so filled the governor by and with the advice and consent of the senate, if the senate shall be in session, or if not in session the governor may fill such vacancy by appointment, which shall continue until and including the last day of December next after the election at which the vacancy shall be filled. § 7. Court of appeals. — The court of appeals is continued. It shall consist of the chief judge and associate judges now in office, who shall hold their offices until the expiration of their respective terms, and their successors, who shall be chosen by the electors of the state. The official terms of the chief judge and associate judges shall be fourteen years from and including the first day of January next after their election. Five members of the court shall form a quorum, and the concurrence of four shall be necessary to a decision. The court shall have power to appoint and to remove its reporter, clerk and attendants. Whenever and as often as a majority of the judges of the court of appeals shall certify to the governor that said court is unable, by reason of the accumulation of causes pending therein, to hear and dispose of the same with reason- able speed, the governor shall designate not more than four justices of the supreme court to serve as associate julges of court of appeals. The justices so designated shall be relieved from their duties as justices of the supreme court and shall serve as associate judges of the court of appeals until the causes undisposed of in said court are reduced to two hundred, when they shall return to the supreme court. The governor may designate justices of the supreme court to fill vacancies. No justice shall serve as associate judge of the court of appeals except while holding the office of justice of the su- preme court, and no more than seven judges shall sit in any case. § 8. Vacancies in court of appeals ; how filled. — When a va- cancy shall occur otherwise than by expiration of term, in the office of chief or associate judge of the court of appeals, the same shall be filled, for a full term, at the next general election happen- ing not less than three months after such vacancy occurs ; and until the vacancy shall be so filled, the governor, by and with the advice, and consent of the senate, if the senate shall be in session, or if 292 Constitution of the State. not in session the governor may fill such vacancy by appointment. If any such appointment of chief judge shall be made from among the associate judges, a temporary appointment of associate judge shall be made in like manner ; but in such case the person appointed chief judge shall not be deemed to vacate his office of associate judge any longer than until the expiration of his appointment as chief judge. The powers and jurisdiction of the court shall not be suspended for want of appointment or election, when the num- ber of judges is sufficient to constitute a quorum. All appoint- ments under this section shall continue until and including the last day of December next after the election at which the vacancy shall be filled. § 10. Judges of court of appeals, or justices of supreme court to hold no other office. — The judges of the court of appeals and the justices of the supreme court shall not hold any other office or public trust. All votes for any of them, for any other than a judicial office, given by the legislature or the people, shall be void. §11. Removals of judges. — Judges of the court of appeals and justices of the supreme court, may be removed by concurrent reso- lution of both houses of the legislature, if two-thirds of all the members elected to each house concur therein. All other judicial officers, except justices of the peace and judges or justices of in- ferior courts not of record, may be removed by the senate, on the recommendation of the governor, if two-thirds of all the members elected to the senate concur therein. But no officer shall be re- moved by virtue of this section except for cause, which shall be entered on the journals, nor unless he shall have been served with a statement of the cause alleged, and shall have had an opportunity to be heard. On the question of removal, the yeas and nays shall be entered on the journal. § 12. Compensation of judges and justices; age restrictions; as- signment by governor. — The judges and justices hereinbefore men- tioned shall receive for their services a compensation established by law, which shall not be increased or diminished during their official terms, except as provided in section five of this article. No person shall hold the office of judge or justice of any court longer than until and including the last day of December next after he Bhall be seventy years of age. No judge or justice elected after Constitution of the State. 293 the first day of January, one thousand eight hundred and ninety- four, shall be entitled to receive any compensation after the last day of December next after he shall be seventy years of age ; but the compensation of every judge of the court of appeals or justice of the supreme court elected prior to the first day of January, one thousand eight hundred and ninety-four, whose term of office has been, or whose present term of office shall be, so abridged, and who shall have served as such judge or justice ten years or more, shall be continued during the remainder of the term for which he was elected ; but any such judge or justice may, with his consent, be assigned by the governor, from time to time, to any duty in the supreme court while his compensation is so continued. § 13. Trial of impeachment. — The assembly shall have the power of impeachment, by a vote of a majority of all the members elected. The court for the trial of impeachments shall be com- posed of the president of the senate, the senators, or the major part of them, and the judges of the court of appeals, or the major part of them. On the trial of an impeachment against the gov- ernor or lieutenant-governor, the lieutenant-governor shall not act as a member of the court. No judicial officer shall exercise his office, after articles of impeachment against him shall have been preferred to the senate, until he shall have been acquitted. Before the trial of an impeachment the members of the court shall take an oath or affirmation truly and impartially to try the impeachment according to the evidence, and no person shall be convicted with- out the concurrence of two-thirds of the members present. Judg- ment in cases of impeachment shall not extend further than to re- moval from office, or removal from office and disqualification to hold and enjoy any office of honor, trust or profit under this state,; but the party impeached shall be liable to indictment and punish- ment according to law. § 14. County courts. — The existing county courts are contin- ued, and the judges thereof now in office shall hold their offices un- til the expiration of their respective terms. In the county of Kings there shall be two county judges and the additional county judge shall be chosen at the next general election held after the adoption of this article. The successors of the several county judges shall be chosen by the electors of the counties for the term of six years. 394 Constitution of the State. § 15. Snrrogate's conrts: vacancies in office of county judge or lurrogate. — The existing surrogates' courts are continued, and the surrogates now in office shall hold their offices until the expira- tion of their terms. Their successors shall be chosen by the electors of their respective counties, and their terms of office shall be six years, except in the county of New York, where they shall continue to be fourteen years. Surrogates and surrogates' courts shall have the jurisdiction and powers which the surrogates and existing sur- rogates' courts now possess, until otherwise provided by the leg- islature. The county judge shall be surrogate of his county, ex- cept where a separate surrogate has been or shall be elected. In counties having a population exceeding forty thousand, wherein there is no separate surrogate, the legislature may provide for the election of a separate officer to be surrogate, whose term of office shall be six years. When the surrogate shall be elected as a sep- arate officer his salary shall be established by law, payable out of the county treasury. No county judge or surrogate shall hold office longer than until and including the last day of December next after he shall be seventy years of age. Vacancies occurring in the office of county judge or surrogate shall be filled in the same manner as like vacancies occurring in the supreme court. The compensation of any county judge or surrogate shall not be in- creased or diminished during his term of office. For the relief of surrogates' courts the legislature may confer upon the supreme court in any county having a population exceeding four hundred thousand the powers and jurisdiction of surrogates, with authority to try issues of fact by jury in probate cases. § 16. Local judical officers. — The legislature may, on applica- tion of the board of supervisors, provide for the election of local officers, not to exceed two in any county, to discharge the duties of county judge and of surrogate, in cases of their inability or of a vacancy, and in such other cases as may be provided by law, and to exercise such other powers in special cases as are or may be pro- vided by law. § 17. Justices of the peace; district court justices. — The electors of the several towns shall, at their annual town meetings, or at such other time and in such manner as the legislature may direct, elect justices of the peace, whose term of office shall be four years. In case of an election to fill a vacancy occurring before the expiration Constitution of the State. 295 of a full term, they shall hold for the residue of the unexpired term. Their number and classification may be regulated by law. Justices of the peace and judges or justices of inferior courts not of rec- ord, and their clerks, may be removed for cause, after due notice and an opportunity of being heard, by such courts as are or may be prescribed by law. Justices of the peace and district court jus- tices may be elected in the diflferent cities of this state in such man- ner, and with such powers, and for such terms, respectively, as are or shall be prescribed by law ; all other judicial officers in cities, whose election or appointment is not otherwise provided for in this article, shall be chosen by the electors of such cities, or appointed by some local authorities thereof. § 18. Inferior local courts. — Inferior local courts of civil and criminal jurisdiction may be established by the legislature, but no inferior local court hereafter created shall be a court of record. The legislature shall not hereafter confer upon any inferior or local court of its creation, any equity jurisdiction or any greater jurisdiction in other respects than is conferred upon county courts by or under this article. Except as herein otherwise provided, all judicial officers shall be elected or appointed at such times and in such manner as the legislature may direct. § 22. Local judical officers — Terms of incumbent. — Justices of the peace and other local judicial officers provided for in sections seventeen and eighteen in office when this article takes effect, shall hold their offices until the expiration of their respective terms. ARTICLE VII § 4. Limitation of le^slative power in the creation of debts. — Except the debts specified in sections two and three of this article, no debts shall be hereafter contracted by or on behalf of this State, unless such debt shall be authorized by a law, for some single work or object, to be distinctly specified therein ; and such law shall im- pose and provide for the collection of a direct annual tax to pay, and sufficient to pay, the interest on such debt as it falls due, and also to pay and discharge the principal of such debt within eigh- teen years from the time of the contracting thereof. No such law 296 Constitution of the State. shall take effect until it shall, at a general election, have been sub- mitted to the people, and have received a majority of all the votes- cast for and against it at such election. On the final passage of sucii bill in either house of the legislature, the question shall be taken by ayes and noes, to be duly entered on the journals thereof, and shall be : " Shall this bill pass, and ought the same to receive the sanction of the people? " The legislature may at any time, after the approval of such law by the people, if no debt shall have been contracted in pursuance thereof, repeal the same ; and may at any time, by law, forbid the contracting of any further debt or liability under such law; but the tax imposed by such act, in proportion to the debt and liability which may have been contracted, in pursuance of such law, shall re- main in force and be irrepealable, and be annually collected, until the proceeds thereof shall have made the provision hereinbefore specified to pay and discharge the interest and principal of such debt and liability. The money arising from any loan or stock creating such debt or liability shall be applied to the work or ob» ject specified in the act authorizing such debt or liability, or for the repayment of such debt or liability, and for no other purpose what- ever. No such law. shall be submitted to be voted on, within three months after its passage, or at any general election when any other law, or any bill, or any amendment to the constitution, shall be submitted to be voted for or against. ARTICLE X Sec. I. Sheriffs, clerks of connties, district attorneys, and reg- isters, governor may remove. — Sheriffs, clerks of counties, district attorneys, and registers in counties having registers, shall be chosen by the electors of the respective counties, once in every three years and as often as vacancies shall happen, except in the counties of New York and Kings, and in counties whose boundaries are the same as those of a city, where such officers shall be chosen by the electors once in every two or four years as the legislature shall direct. Sheriffs shall hold no other office, and be ineligible for the next term after the termination of their offices. They may be re- quired by law to renew their security, from time to time; and in default of giving such new security, their offices shall be deemed Constitution of the State. 297 vacant. But the county shall never be made responsible for the acts of the sheriff. The governor may remove any officer, in this section mentioned, within the term for which he shall have been elected ; giving to such officer a copy of the charges against him, and an opportunity of being heard in his defense. § 2. Appointment or election of officers not provided for by this constitution. — All county officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of the respective counties or appointed by the boards of supervisors, or other county authorities, as the legislature shall direct. All city, town and village officers, whose election or ap- pointment is not provided for by this Constitution, shall be elected by the electors of such cities, towns and villages, or of some divi- sion thereof, or appointed by such authorities thereof, as the legis- lature shall designate for that purpose. All other officers, whose election or appointment is not provided for by this Constitution, and all officers, whose offices may hereafter be created by law, shall be elected by the people, or appointed, as the legislature may direct. § 3. Duration of office. — When the duration of any office is not provided by this Constitution, it may be declared by law, and if not so declared, such office shall be held during the pleasure of the authority making the appointment. § 4. Time of election. — The time of electing all officers named in this article shall be prescribed by law. § 5. Vacancies in office. — The legislature shall provide for filing vacancies in office, and in case of elective officers, no person ap- pointed to fill a vacancy shall hold his office by virtue of such ap- pointment longer than the commencement of the political year next succeeding the first annual election after the happening of the vacancy. § 6. Political year. — The political year and legislative term shall begin on the first day of January ; and the legislature shall, every year, assemble on the first Wednesday in January. § 7. Removals from office. — Provisions shall be made by law for the removal for misconduct or malversation in office of all officers, except judicial, whose powers and duties are not local or legisla- tive and who shall be elected at general elections, and also for sup- plying vacancies created by such removal. § 8. When office deemed vacant. — The legislature may declare 298 Constitution of the State. the cases in which any office shall be deemed vacant when no provi- sion is made for that purpose in this Constitution. 4c ♦ 4( 3t( * >K ♦ ARTICLE XIL §3. Election of city officers when to be held; extension and abridgment of terms. — All elections of city officers, including super- visors and judicial officers of inferior local courts, elected in any city or part of a city, and of county officers elected in the counties of New York and Kings, and in all counties whose boundaries are the same as those of a city, except to fill vacancies, shall be held on the Tuesday succeeding the first Monday in November in an odd-num- bered year, and the term of every such officer shall expire at the end of an odd numbered year. The terms of office of all such officers elected before the first day of January, one thousand eight hundred and ninety-five whose successors have not then been elected, which under existing laws would expire with an even num- bered year, or in an odd-numbered year and before the end thereof are extended to and including the last day of December next fol- lowing the time when such terms would otherwise expire; the terms of office of all such officers, which under existing laws would expire in an even-numbered year, and before the end thereof, are abridged so as to expire at the end of the preceding year. This section shall not apply to any city of the third class, or to elections of any judicial officer, except judges and justices of inferior local courts. ARTICLE XIII. Sec. I. Oath of office. — Members of the legislature, and all offi- cers, executive and judicial, except such inferior officers as shall be by law exempted shall, before they enter on the duties of their re- spective offices, take and subscribe the following oath or affirma- tion : " I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the state of New York, and that I will faithfully discharge the duties of the office of , according to the best of my ability ; " and all such officers who shall have been chosen at any election shall, before they enter on the duties of their respective offices, take and subscribe the Constitution of the State. 299 oath or affirmation above prescribed, together with the following addition thereto, as part thereof : " And I do further solemnly swear (or affirm) that I have not di- rectly or indirectly paid, offered or promised to pay, contributed, or offered or promised to contribute any money or other valuable thing as a consideration or reward for the giving or withholding a vote at the election at which I was elected to said office and have not made any promise to influence the giving or withholding any such vote," and no other oath, declaration or test shall be required as a qualification for any office of public trust. § 2. Official bribery and cormption. — Any person holding office under the laws of this state, who, except in payment of his legal salary, fees or perquisites, shall receive or consent to receive, di- rectly or indirectly, any thing of value or of personal advantage, or the promise thereof, for performing or omitting to perform any official act, or with the express or implied understanding that his official action or omission to act is to be in any degree influenced thereby, shall be deemed guilty of a felony. This section shall not affect the validity of any existing statute in relation to the offense of bribery. § 3. Offer or promise to bribe. — Any person who shall offer or promise a bribe to an officer, if it shall be received, shall be deemed guilty of a felony and liable to punishment, except as herein pro- vided. No person offering a bribe shall, upon any prosecution of the officer for receiving such bribe, be privileged from testifying in relation thereto, and he shall not be liable to civil or criminal prose- cution therefor, if he shall testify to the giving or offering of such bribe. Any person who shall offer or promise a bribe, if it be rejected by the officer to whom it was tendered, shall be deemed guilty of an attempt to bribe, which is hereby declared to be a fel- ony. § 4. Witness, person bribed or offering a bribe may be. — Any person charged with receiving a bribe, or with offering or prom- ising a bribe, shall be permitted to testify in his own behalf in any civil or criminal prosecution therefor. § 6. Removal of district attorney for failure to prosecute, etc. — Any district attorney who shall fail faithfully to prosecute a person 300 Constitution of the State. charged with the violation in his county of any provision of this article which may come to his knowledge, shall be removed from office by the governor, after due notice and an opportunity of being heard in his defense. The expenses which shall be incurred by any county, in investigating and prosecuting any charge of bribery or attempting to bribe any person holding office under the laws of this state, within such county, or of receiving bribes by any such per- son in said county, shall be a charge against the state, and their payment by the state shall be provided for by law. ARTICLE XIV. Sec. I. Amendments. — Any amendment or amendments to this Constitution may be proposed in the senate and assembly; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, and the yeas and nays taken thereon, and referred to the legislature to be chosen at the next general election of senators, and shall be published for three months previous to the time of making such choice; and if in the legislature so next chosen, as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the legislature to submit each proposed amendment or amendments to the people for approval in such manner and at such times as the legislature shall prescribe ; and if the people shall approve and ratify such amendment or amendments by a majority of the elec- tors voting thereon, such amendment or amendments shall become a part of the Constitution from and after the first day of January next after such approval. § 2. Constitutional convention. — At the general election to be held in the year one thousand nine hundred and sixteen, and every twentieth year thereafter, and also at such times as the legislature may by law provide, the question : " Shall there be a convention to revise the Constitution and amend the same? " shall be decided l)y the electors of the state ; and in case a majority of the electors voting thereon shall decide in favor of a convention for such pur- pose, the electors of every senate district of the state, as then or- ganized, shall elect three delegates at the next ensuing general elec- tion at which members of the assembly shall be chosen, and the Constitution of the State. 301 electors of the state voting at the same election shall elect fifteen delegates-at-large. The delegates so elected shall convene at the capitol on the first Tuesday of April next ensuing after their elec- tion, and shall continue their session until the business of such con- vention shall have been completed. Every delegate shall receive for his services the same compensation and the same mileage as shall then be annually payable to the members of the assembly. A ma- jority of the convention shall constitute a quorum for the transac- tion of business, and no amendment to the Constitution shall be submitted for approval to the electors as hereinafter provided, unless by the assent of a majority of all the delegates elected to the conven- tion, the yeas and nays being entered on the journal to be kept. The convention shall have the power to appoint such officers, employes and assistants as it may deem necessary, and fix tlieir compensation and to provide for the printing of its documents, journal and pro- ceedings. The convention shall determine the rules of its own pro- ceedings, choose its own officers, and be the judge of the election, returns and qualifications of its members. In case of a vacancy, by death, resignation or other cause, of any district delegate elected to the convention, such vacancy shall be filled by a vote of the re- maining delegates representing the district in which such vacancy occurs. If such vacancy occurs in the office of a delegate-at-large, such vacancy shall be filled by a vote of the remaining delegates-at- large. Any proposed constitution or constitutional amendment which shall have been adopted by such convention, shall be sub- mitted to a vote of the electors of the state at the time and in the manner provided by such convention, at an election which shall be held not less than six weeks after the adjournment of such conven- tion. Upon the approval of such constitution or constitutional amendments, in the manner provided in the last preceding section, such constitution or constitutional amendment, shall go into effect on the first day of January next after such approval. § 3. Constitutional amendments to supersede amendments by legislature. — Any amendment proposed by a constitutional convention relating to the same subject as an amendment proposed by the legislature, coincidently submitted to the people for approval at the general election held in the year one thousand eight hundred and ninety-four, or at any subsequent election, shall, if approved, be deemed to supersede the amendment so proposed by the legislature. state and County Officers. GENERAL PROVISIONS CONCERNING. I Qualifications and disabilities. II Oath of office and official bonds. III Election and terms of office. IV Resignations, vacancies and removals. I. QUALIFICATIONS AND DISABILITIES. Qualifications for holding office. — " No person shall be capable of holding a civil office who shall not, at the time he shall be chosen thereto, be of full age, a citizen of the United States, a resident of the state, and if it be a local office, a resident of the political subdi- vision or municipal corporation of the state for which he shall be chosen, or within which the electors electing him reside, or within which his official functions are required to be exercised." (§3, Public Officers Law, chap. 681, Lazvs 1892.) Governor and lieutenant-governor, who eligible as. — " No per- son shall be eligible to the office of governor or lieutenant-governor, except a citizen of the United States, of the age of not less than thirty years, and who shall have been five years next preceding his election a resident of this state." (§2, art. 4, State Constitution, as amended in 1874.) Judges not to hold other offices. — " The judges of the court of ap- peals and justices of the supreme court shall not hold any other office or public trust. All votes for any of them for any other than a judicial office, given by the legislature or the people, shall be void." (§ io,ar^ 6, State Constitution.) Judges must be attorneys and counselors. — No one shall be eli- gible to the office of judge of the court of appeals, justice of the su- State and County Officers, 303 preme court, or, except in the county of Hamilton, to the office of county judge or surrogate, who is not an attorney and counselor of this state." (§ 20, art. 6, State Constitution.) Judges not to practice as attorney or counselor or act as referee. (See art. 6, § 20, State Constitution.) Judges to make and file certificate of age, and when their term of office expires. — " A judge of a court of record must within ten days after he enters on the duties of his office, make and sign a cer- tificate, stating his age, and the time when his official term will ex- pire, either by completion of a full term or by reason of the dis- ability of age prescribed in the constitution. The certificate must be filed in the office of the secretary of state, who must keep a rec- ord of the time of the commencement and termination of the official term of each judge of a court of record." (§ 54, Code of Civil Pro- cedure. ) Members of legislature, who eligible. — " No person shall be eli- gible to the legislature who, at the time of his election is, or within one hundred days previous thereto has been, a member of congress, a civil or military officer under the United States, or an officer under any city government ; and if ariy person shall, after his election as a member of the legislature, be elected to congress, or appointed to any office, civil or military, under the government of the United States, or under any city government, his acceptance thereof shall vacate his seat." (§8, art. 3, State Constitution, as amended in 1874-) Members of legislature, not to receive civil appointment. — " No member of the legislature shall receive any civil appointment within this state, or the senate of the United States, from the governor. The governor and senate, or from the legislature, or from any city government, during the time for which he shall have been elected ; and all such appointments and all votes given for any such member for any such office or appointment shall be void." (§7, art. 3, State Constitution.) Representatives in Congress, qualifications of. — " No person shall be a representative who shall not have attained to the age of twenty-five years and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen." (§2, art. 1, U. S. Constitu- tion. ) 304 State and County Officers. "United States senator, qualifications. — " No person shall be a senator who shall not have attained the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen." (§ 3, art. i, U. S. Constitution.) United States senators, representatives in congress, electors of president and vice-president, disqualifications. — " No person shall be a senator or representative in congress, or elector of pres- ident and vice-president, or hold any office, civil or military, un- der the United States, or under any state, who, having previously taken an oath as a member of congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid, or comfort to the enemies thereof. But congress may, by a vote of two-thirds of each house, remove such disability." (§ 3, art. 14, U. S. Constitution.) State engineer and suveyor, qualifications. — " No person shall be elected to the office of state engineer and surveyor who is not a practical civil engineer." (§1, art. 5, State Constitution.) Electors of president and vice-president, qualifications. — " No senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector." (§1, sub. 2, art. 2, U. S. Constitution.) II. OATH OF OFFICE AND OFFICIAL BOND. Official oath.—" Every officer shall take and file the oath of office required by law before he shall be entitled to enter upon the dis- charge of any of his official duties. An oath of office may be admin- istered by any officer authorized to take, within the state the ac- knowledgment of the execution of a deed of real property, or by an officer in whose office the oath is required to be filed, or may be ad- ministered to any member of a body of officers, by a presiding of- ficer or clerk thereof, who shall have taken an oath of office. The oath of office of a notary public or commissioner of deeds shall be filed in the office of the clerk of the county in which he shall reside. State and County Officers. 305 The oath of office of every state officer shall be filed in the office of the secretary of state ; of every officer of a municipal corporation, with the clerk thereof ; and of every other officer, in the office of the clerk of the county in which he shall reside, if no place be other- wise provided by law for the filing thereof." (§ 10, Pub. Oncers' Law, chap. 681 of 1892, as amended by chap. 318 of 1893.) Form of official oaths. — " Members of the legislature, and all of- ficers, executive and judicial, except such inferior officers as shall be by law exempted shall, before they enter on the duties of their re- spective offices, take and subscribe the following oath or affirmation : * I do solemnly swear (or affirm) that I will support the Constitu- tion of the United States, and the onstitution of the state of New York, and that I will faithfully discharge the duties of the office of , according to the best of my ability ; ' and all such officers who shall have been chosen at any election shall, before they enter on the duties of their respective offices, take and subscribe the oath or affirmation above prescribed, together with the following addi- tion thereto, as part thereof : " ' And I do further solemnly swear (or affirm) that I have not directly or indirectly paid, offered or promised to pay, contribute, or offered or promised to contribute any money or other valuable thing as a consideration or reward for the giving or withholding a vote at the election at which I was elected to said office, and have not made any promise to influence the giving or withholding any such vote,' and no other oath, declaration or test shall be required as a qualification for any office of public trust." (§1, art. 13, State Constitution.) Failure to file oath creates vacancy. (See § 20, Pub. Off Law, chap. 681. L. 1892.) Official undertaking's. — " Every official undertaking, when re- quired by or in pursuance of law to be hereafter executed or filed by any officer, shaU be to the effect that he will faithfully discharge the duties of his office and promptly account for and pay over all moneys or property received by him as such officer, in accordance with law, or in default thereof, that the parties executing such un- dertaking will pay all damages, costs and expenses resulting from such default, not exceeding a sum, if any, specified in such under- taking. The undertaking of a state officer shnP l^e aDnroved by the comptroller both as to its form and as to the sufficiency of the sure- 3o6 State and County Officers. ties, and be filed in the comptroller's office. The undertaking of a municipal officer shall, if not otherwise provided by law, be approved as to its form and the sufficiency of the sureties by the chief execu- tive officer or by the governing body of the municipality and be filed with the clerk thereof. The approval by such governing body may be by resolution, a certified copy of which shall be attached to the undertaking. The sum specified in an official undertaking shall be the sum for which such undertaking shall be required by or in pursuance of law to be given. If no sum, or a different sum from that required by or in pursuance of law, be specified in the under- taking, it shall be deemed to be an undertaking for the amount so required. If no sum be required by or in pursuance of law to be so specified, and a sum be specified in the undertaking, the sum so specified shall not limit the liabilities of the sureties therein. Every official undertaking shall be executed and duly acknowledged by at least two sureties, each of whom shall add thereto his affidavit that he is a freeholder or householder within the state, stating his occu- pation and residence and the street number of his residence and place of business if in a city, and a sum which he is worth over and above his just debts and liabilities and property exempt from execu- tion. The aggregate of the sums so stated in such affidavits must be at least double the amount specified in the undertaking. The failure to execute and* official undertaking in the form or by the number of sureties required by or in pursuance of law, or of a surety thereto to make an affidavit required by or in pursuance of law, or in the form so required, or the omission from such an un- dertaking of the approval required by or in pursuance of law, shall not affect the liability of the sureties therein." (§ ii. Pub. Officers' Lazv, chap. 68 1, Laws 1892.) Force and effect of official undertaking. — " An officer of whom an official undertaking is required, shall not receive any money or property as such officer, or do any act affecting the disposition of any money or property which such officer is entitled to receive or have the custody of, before he shall have filed such undertaking; and any person having the custody or control of any such money or property shall not deliver the same to any officer of whom an undertaking is required until such undertaking shall have been given. If a public officer required to give an official undertaking, * So in the original. State and County Officers. 307 enters upon the dicharge of any of his official duties before giving such undertaking, the sureties upon his undertaking subsequently given for or during his official term shall be liable for all his acts or defaults done or suffered and for all moneys and property re- ceived during such term prior to the execution of such undertaking, or if a new undertaking is given, from the time notice to give such new undertaking is served upon him. Every official undertaking shall be obligatory and in force so long as the officer shall continue to act as such and until his successor shall be appointed and duly qualified, and until the conditions of the undertaking shall have been fully performed. When an official undertaking is renewed pursu- ant to law, the sureties upon the former undertaking shall not be liable for any official act done or moneys received after the due ex- ecution, approval and filing of the new undertaking.'' (§ 12, Pub. Officers' Lazv, chap. 681, Laws 1892.) Notice of neglect to file oath or undertaking. — " The officer or body making the appointment or certificate of election of a public officer shall, if the officer be required to give an official undertaking to be filed in an office other than that in which the written ap- pointment or certificate of election is to be filed, forthwith give written notice of such appointment or election to the officer in whose office the undertaking is to be filed. If any of- ficer shall neglect, within the time required by law, to take and file an official oath, or execute and file an official undertaking, the of- ficer, with whom, or in whose office such oath or undertaking is re- quired to be filed, shall forthwith give notice of such neglect, if of an appointive officer, to the authority appointing such officer; if of an elective officer, to the officer, board or body authorized to fill a vacancy in such office, if any, or if none and a vacancy in the of- fice may be filled by a special election, to the officer, board or body authorized to call or give notice of a special election to fill such vac- ancy ; except that the notice of failure of a justice of the peace to file his official oath, shall be given to the town clerk of the town for which the justice was elected." (§ 13, Pub. Officers' Lazv, chap. 681 Lazvs 1892.) Undertaking of sheriff. — " Every person elected or appointed to the office of sheriff shall, before he enters upon the duties of his of- fice, and if appointed, within fifteen days after notice thereof, ex- ecute and deliver to the county clerk of his county, a joint and sev- 3o8 State and County Officers. eral undertaking to the county, approved by such clerk, to the efifect that such sheriff will, in all things, perform and execute the office of sheriff of his county during his continuance therein, without fraud or deceit. Such undertaking shall be filed in the office of the county clerk ; and the clerk shall, at the time of his approval thereof, examine each surety thereto under oath ; and he shall not approve of such undertaking, unless it shall appear on such examination that such sureties are jointly worth at least fifteen thousand dollars over and above all debts whatever; which examination, subscribed by the sureties, shall be indorsed on or attached to the undertaking ; but the clerk shall determine the sufficiency of each surety. In the same manner the security shall be renewed within the twenty days after the first Monday of January in each year subsequent to that in which he shall have entered upon the duties of his office." {See § i8o, County Law, as amended by chap. 334, Laws 1898.) Undertaking of county clerk. — " Every person elected or ap- pointed to the office of county clerk, shall, before he enters on the duties of his office, and if appointed, within fifteen days after notice thereof, execute an undertaking to the county, with at least twoi sureties, with the approval of the board of supervisors, if in session, indorsed thereon by the clerk of the board, otherwise with the ap- proval of the county judge, or a justice of the supreme court resid- ing in the county, to the effect that he will faithfully execute and discharge the duties of county clerk, and account for all moneys deposited with him pursuant to law, or the order of any court, or by his predecessor in office, and pay them over as required by law, or directed by such order." (See § 160, County Law, chap. 686, Lazi's 1893.) Undertaking of county treasurer. — " Every person elected or appointed to the office of county treasures shall, before he enters upon the duties of his office, and if appointed within fifteen days after notice thereof, give an undertaking to the county with three or more sufficient sureties, with the approval of the board of super- visors, if in session, indorsed thereon by the clerk, otherwise with the approval of the county judge and county clerk, and in such sum as such board or judge and clerk approving the same shall direct, to the effect that such person shall faithfully execute the duties of his office, and shall pay over according to law, and account for all moneys, property and securities, which shall come to his hands as State and County Officers. 309 treasurer and render a just and true account thereof to the board of supervisors, when required ; and obey all orders and directions with a competent court relating thereto. When, in the opinion of the board of supervisors, the moneys intrusted to such person as treas- urer shall be unsafe, or the surety insufficient, such board may re- quire from such treasurer a new or further undertaking, to the same effect as at first, and with like sureties ; and if such county treas- urer shall fail to renew such undertaking as required within twenty days after he shall be notified by such board of such request, such omission shall work a forfeiture of his office, and the same shall become vacant. Such undertaking, with the approval indorsed thereon shall be filed in the office of the county clerk. The sureties, and county therein named, shall be liable to the state for the pay- ment to the state treasurer according to law, of all moneys belonging to the state, which shall come into his hands as county treasurer; and for the rendering of a just and true account thereof to the state comptroller." (See § 140, County Law, as amended by chap. 222, Laws 1893.) Undertaking of district attorney. — " Except in the county of Kings, every person elected or appointed to the office of district attorney, shall, before he enters upon the duties of his office, and if appointed, within fifteen days after notice thereof, execute and deliver to the county clerk of his county, a joint and several under- taking to the county,, approved by the county judge, with two or more sufficient sureties, being resident freeholders, to the effect, that he will faithfully account for and pay over according to law, or as the court may direct, all moneys that may come into his hands as such district attorney." (See § 200, County Law, chap. 686, Lazvs 1892.) Undertaking of superintendent of poor. — " Every person elected or appointed to the office of superintendent of the poor shall, before he enters upon the duties of his office, and if appointed, within fif- teen days after notice thereof, execute and deliver to the clerk of the county, to be filed in his office, his undertaking to the county, with two or more sufficient sureties, with the approval of the board of supervisors, if in session, indorsed thereon by the clerk; other- wise by the countv judge of his county, or a justice of the supreme court of his judicial district, to the effect that he will faithfully dis- charge the duties of his office as such superintendent of the poor, 3IO State and County Officers, and pay according to law all moneys that shall come into his hands 'as such superintendent, and render a just and true account thereof to the board of supervisors of his county." {See § 211, County Law, chap. 686, Laws 1892.) III. ELECTION AND TERMS OF OFFICE. Governor and lieutenant-governor, election of. " The governor and lieutenant-governor shall be elected at the times and places of choosing members of assembly. The persons respectively having the highest number of votes for governor and lieutenant-governor shall be elected ; but in case two or more shall have an equal and the highest number of votes for governor, or for lieutenant-gov- ernor, the two houses of the legislature, at its next annual session, shall, forthwith, by joint ballot, choose one of the said persons so having an equal and the highest number of votes for governor or lieutenant-governor." (§3, art. 4, State Constitution.) Terms of governor and lieutenant-governor. — " The executive power shall be vested in a governor, who shall hold his office for two years ; a lieutenant-governor shall be chosen at the same time, and for the same term. The governor and lieutenant-governor elected next preceding the time when this section shall take effect, shall hold office until and including the thirty-first day of December, one thousand eight hundred and ninety-six, and their successors shall be chosen at the general election in that year," (§ i, art. 4, State Constitution.) Members of legislature, time of electing. " The elections of sen- ators and members of assembly, pursuant to the provisions of this constitution, shall be held on the Tuesday succeeding the first Mon- day of November unless otherwise directed by the legislature." (§9, art. 3, State Constitution.) Number and terms of senators and assemblymen. — "The senate shall consist of fifty members, except as hereinafter provided. The senators elected in the year one thousand eight hundred and ninety- five shall hold their offices for three years, and their successors shall be chosen for two years. The assembly shall consist of one hundred and fifty members who shall be chosen for one year." (Part of § 2, art. 3, of Revised Constitution.) State and County Officers. 311 Secretary of «tate, comptroller, treasurer, attorney-general and state engnlneer and surveyor, election of. — " The secretary of state, comptroller, treasurer, attorney-general and state engineer and sur- veyor shall be chosen at a general election, at the times and places of electing the governor and lieutenant-governor, and shall hold their offices for two years, except as provided in section two of this article. Each of the officers in this article named, excepting the speaker of the assembly, shall at stated times during his continuance in office, receive for his services a compensation which shall not be increased or diminished during the term for which he shall have been elected ; nor shall he receive to his use any fees or perquisites of office or other compensation No person shall be elected to the office of state engineer and surveyor who is not a practical civil en- gineer." (§1, art. 5, State Constitution.) First election and terms of state officers. — " The first election of the secretary of state, comptroller, treasurer, attorney-general and state engineer and surveyor, pursuant to this article shall be held in the year one thousand eight hundred and ninety-five, and their terms of office shall begin on the first day of January following, and shall be for three years. At the general election in the year one thousand eight hundred and ninety-eight, and every two years thereafter their successors shall be chosen for the term of two years." (§2, art. 5, State Constitution.) Judges of court of appeals, election and term of office of. — " The court of appeals is continued. It shall consist of the chief judge and associate judges now in office, who shall hold their offices until the expiration of their respective terms, and their successors, who shall be chosen by the electors of the state. The official terms of the chief judge and associate judges shall be fourteen years from and including the first day of January next after their election. Five members of the court shall form a quorum, and the concur- rence of four shall be necessary to a decision. The court shall have power to appoint and to remove its reporter, clerk and attendants." (§ 7, art. 6, State Constitution.) Justices of supreme court, election and term of office of. — " The supreme court shall consist of the justices now in office, and of the judges transferred thereto by the fifth section of this article, all of whom shall continue to be justices of the supreme court during their respective terms, and of twelve additional justices who shall reside 312 State and County Officers. in and be chosen by the electors of, the several existing judicial dis- tricts, three in the first district, three in the second, and one in each of the other districts; and of their successors. The successors of said justices shall be chosen by the electors of their respective judi- cial districts. The legislature may alter the judicial districts once after every enumeration under the constitution, of the inhabitants of tlie state, and thereupon reapportion the justices to be thereafter elected in the districts so altered." (Part 0/ § i, art. 6, State Con- stitution.) Official terms of justices; vacancies in office. — " The official terms of the justices of tlie supreme court shall be fourteen years from and including the first day of January next after their election." (See § 4, art. 6, State Constitution.) United states senator, time and manner of election. — " The legis- lature of each state which is chosen next preceding the expiration of the time for which any senator was elected to represent such state in congress shall, on the second Tuesday after the meeting and or- ganization thereof, proceed to elect a senator in congress. Such election shall be conducted in the following manner : Each house shall openly, by a viva-voce vote of each member present, name one person for senator in congress from such state, and the name of the person so voted for, who receives a majority of the whole number of votes cast in each house, shall be entered on the journal of that house by the clerk or secretary thereof ; or if either house fails to give such majority to any person on that day, the fact shall be entered on the journal. At twelve o'clock meridian of the day following that on which proceedings are required to take place as aforesaid, the members of the two houses shall convene in joint assembly and the journal of each house shall then be read, and if the same person has received a majority of all the votes in each house, he shall be declared duly elected senator. But if the same person has not received a majority of the votes in each house, or if either house has failed to take proceedings as requird by this section, the joint assembly shall then proceed to choose, by a viva-voce vote of each member present, a person for senator, and the person who re- ceives a majority of all the votes of the joint assembly, a majority of all the members elected to both houses being present and voting, shall be declared duly elected. If no person receives such majority on the first day, the joint assembly shall meet at twelve o'clock mer- State and County Officers. 313 idian of each succeeding day during the session of the legislature, and shall take at least one vote, until a senator is elected." {See §§ 14, 15, 1st U. S. Rev. Stat.) United states senator, term of oflBice. — " The senate of the United States shall be composed of two senators for each state, chosen by the legislature thereof, for six years." (See § 3, art. i, United States Constitution.) Representatives in congress, how to be elected. — " The house of representatives shall be composed of members chosen every second year by the people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature." (Subd. i, § 2, art. I, U.S. Constitution.) Representatives in congress, when and how chosen. — " Repre- sentatives in the house of representatives of the congress of the United States shall be chosen in the several congressional districts at the general election held therein in the year 1896 and every second year thereafter. If any such representative shall resign he shall forthwith transmit a notice of his resignation to the secretary of state, and if a vacancy shall occur in any such office the clerk of the county in which such representative shall have resided at the time of his election shall, without delay, transmit a notice thereof to the secretary of state." (§ 190, Election Lazv.) Election, appointment and term of office of county judge, sur- rogate, special county judge and special surrogate, and designation of justices of sessions. — " There shall continue to be elected in each of the counties now having such officers : " I. A county judge * and a surrogate,f who shall severally hold the office for six years from and including the first day of January succeeding his election. " 2. A special county judge and a special surrogate, pursuant to the several acts of the legislature creating and respectively de- fining the terms and duties thereof. " 3. There shall continue to be appointed by the governor, by and with the consent of the senate, if in session, a county judge, * In the county of Kings there shall be two county judges. See sec. 14, art. 6, Revised State Constitution. f In the county of New York the term of surrogate is fourteen years. See sec. 15, art. 6, Revised State Constitution. 314 State and County Officers. surrogate, special county judge or special surrogate when a vac- ancy shall occur in either of such offices, and the person so ap- pointed shall hold the office, until and including the last day of De- cember succeeding the first annual election thereafter at which such vacancy can be lawfully filled. " * 4. There shall continue to be designated two justices of the peace of the county, having at least one year to serve from the first day of January succeeding their designation, to be justices of ses- sions for the county during the calendar year commencing on the first day of January succeeding their designation. Each elector may place upon his ballot at each general election under the words ' for sessions,' the name of one such justice of the peace and the two justices of the peace representing the two principal political parties into which the electors of the county are divided receiving the greatest number of votes shall be designated as such justices of the sessions for such term." (§ 220, County Law, chap. 686, Laws 1892.) Election, appointment and term of office of sheriffs and coroners, — "There shall continue: " I. To be elected in each of the counties a sheriff f and in each of the counties containing a population of one hundred thousand and over four coroners, and in all the counties such number of coroners, not more than four, as shall be fixed by the board of supervisors, who shall | respectively, hold their offices for three years, from and including the first day of January succeeding their election. " 2. To be appointed by the governor, a sheriff, or a coroner, when a vacancy shall occur in either of such offices, and the person so appointed shall hold the office until and including the last day of December succeeding the first annual election thereafter at which such vacancy can be lawfully filled, (See § 180, County Law as amended by chap. 333, Laws 1898.) Election, appointment, and term of office of district attorney. — " There shall continue : " I. To be elected in each of the counties a district attorney, who * Office of justices of sessions abolished after Jan. 1, 1896. See sec. 14, art. 6, Revised State Constitution. f Sheriff to hold no other office and ineligible for next term. See sec. r, art. 10, State Constitution. I Office of coroner not a constitutional office. State and County Officers. 315 shall hold his office for three years from and including the first day of January succeeding his election ; " 2. To be appointed by the governor, a district attorney, when a vacancy shall occur in such office, and the person so appointed shall hold the office until and including the last day of December succeeding the first annual election thereafter at which such va- cancy can be lawfully filled. (See § 200, County Lazv.) Election, appointment, and term of office of county clerk. — "There shall continue, j " I. To be elected in each of the counties a county clerk, who shall hold his office for three years from and including the first day of January succeeding his election ; " 2. To be appointed by the governor, a county clerk, when a vacancy shall occur in such office, and the person so appointed shall hold the office until and including the last day of December succeeding the first annual election after the happening of the vacancy." (See § 160, County Law.) Election, appointment, and term of office of county treasurer. — " There shall continue, " I. To be elected in each of the counties, a county treasurer, who shall hold his office for three years from and including, in the county of Kings, the first Tuesday of August, in the county of Monroe, the first Tuesday of October, and in the other counties the first day of January, succeeding his election, and until his successor is duly elected and qualified ; " 2. To be appointed by the governor, by and with the consent of the senate, if in session, a county treasurer, when a vacancy shall occur in such office, and the person so appointed shall hold the office until and including, in the county of Kings, the first Monday of August, in the county of Monroe, the first Monday of October, and in the other counties the last day of December, suc- ceeding his appointment, and until his successor shall be duly elected and qualified. (See § 140, County Law as amended by chap. 222, Laws 1893.) Election, appointment and term of office of superintendents of the poor. — " There shall continue to be elected or appointed in each of the counties one or more superintendents of the poor as heretofore; but no super\'-isor of a town, or ronntv treasurer. shall be elected or appointed to such office. The board 3l6 State and County Officers. of supervisors of any county having, or entitled to have three or more superintendents of the poor, may, at an annual meeting thereof determine by resolution that thereafter only one county superintendent of the poor shall be elected; but no super- intendent of the poor shall be elected or appointed in such county until the general election next preceding the expiration of the terms of the superintendents in office, or the office shall be vacant. The term of any superintendent in office, or of any person duly elected thereto on the passage of such resolution, shall not be af- fected thereby. Such board may also, in counties having and en- titled to have but one superintendent of the poor, in like manner determine that thereafter three superintendents of the poor be elected for such county. After the passage of a resolution, as herein provided, the powers herein conferred shall not be again exer- cised within a period of five years. Such resolution shall not take effect until the next calendar year succeeding its adoption. " There shall continue, " I. To be elected annually in each of the counties so having and being entitled to three county superintendents, one county superintendent of the poor, who shall hold his office for three years from and including the first day of January succeeding his election, and until his successor is duly elected and qualifies; " 2. To be appointed by the board of supervisors, if in session, otherwise by the county judge, a county superintendent of the poor, when a vacancy shall occur in such office, and the person so appointed shall hold the office until and including the last day of December succeeding his appoinmtent, and until his successor shall be elected and qualifies; " 3. To be elected a county superintendent of the poor in a county when a vacancy shall occur in such office, and the term of which shall not expire on the last day of the next succeed- ing December, and the person so elected shall hold the office for such unexpired term, which shall be designated upon the ballots of the electors, or until his successor shall be elected and qual- ifies ; *' 4. To be elected in each of the counties so having, and entitled to have but one superintendent, a superintendent of the poor, who shall hold his office for three years from and inc.lud- State and County Officers. 317 ing the first day of January succeeding his election, and until his successor is duly elected and qualified ; " 5. To be appointed by the board of supervisors, if in ses- sion, otherwise by the county judge, a superintendent of the poor, in a county having and being entitled to but one superintendent, when a vacancy shall occur in such office; and the person so ap- pointed shall hold the office until and including the last day of December succeeding his appointment, and until his successor shall be elected and qualifies ; " 6. To be elected in the succeeding year after the board of supervisors of a county having but one superintendent of the poor shall have adopted a resolution to have three superintendents, if the term of the superintendent in office expires with such year, three superintendents of the poor for such county, for the terms of one, two and three years respectively, which terms shall be respectively designated upon the ballots of the electors voting for such officers. If the term of the superintendent in office will not expire with such succeeding year, there shall be elected two super- intendents of the poor for such county, for such terms, to be so designated upon the ballots of the electors voting for such officers, as will make the terms of one of the three superintendents expire with each succeeding year, and one superintendent of the poor shall hereafter be annually elected. Such persons so elected shall hold the office from and including the first day of January succeeding his election, and until and including the last day of December of the year in which his term shall so expire, and until his successor is duly elected and qualifies. When ballots are voted without designating the term, the first name on the ballot shall be deemed as intended for the full or longer term of the officer voted for ; the second name for the next longer term, and the third name for the shorter term." (§ 210, County Latv, chap. 686, Lazus 1892.) Election, term of office, etc., of school commissioners. — " A school commissioner for each school commissioner district shall be elected by the electors thereof, at the general election in the year eighteen hundred and ninety-six, and tri-ennially thereafter. Any person of full age, a citizen of the United States, a resident of the state, and of the county in which a school commissioner district is situated, shall be eligible to the office of school com- 3i8 State and County Officers. missioner. No person shall be deemed ineligible to such office by reason of sex who has the other qualifications herein provided. It shall be the duty of county clerks, and they are hereby required, as soon as they shall have official notice of the election or appoint- ment of a school commissioner, for any district in their county, to forward to the superintendent of public instruction a duplicate certificate of such election or appointment, attested by their sig- nature and the seal of the county." (§3, School Law, chap. 556, Laws 1894.) " The term of office of such commissioner shall commence on the first day of January next after his election, and shall be for three years and until his or her successor qualifies. Every person elected to the office, or appointed to fill a vacancy, must take the oath of office prescribed by the constitution, before the county clerk or before any officer authorized to take, within this state, the acknowledgment of the execution of a deed of real prop- erty, and file it with the county clerk ; and if he or she omit so to do, the office shall be deemed vacant." (§4, School Law, chap. 556, Lazvs 1894.) Commencement of term of office. — " The term of office of an elective officer, unless elected to fill a vacancy then existing, shall commence on the first day of January next after his election, if the commencement thereof be not otherwise fixed by law." (§4, Public Officers' Law, chap. 681, Laws 1892.) Holding over after expiration of term. — " Every officer except a judicial officer, a notary public, a commissioner of deeds and an officer whose term is fixed by the constitution, having duly entered on the duties of his office, shall unless the office shall ter- minate or be abolished, hold over and continue to discharge the duties of his office after the expiration of the term for which he shall have been chosen, until his successor shall be chosen and qualified ; but after the expiration of such term, the office shall be deemed vacant for the purpose of choosing his successor. An officer so holding over for one or more entire terms, shall, for the purpose of choosing his successor, be regarded as having been newly chosen for such terms. An appointment for a term short- ened by reason of a predecessor holding over, shall be for the residue of the term only." (§5, Public Officers' Law, chap. 681, Laws 1892.) State and County Officers. 319 Terms of officers chosen to fill vacancies. — " If an appointment of a person to fill a vacancy in an appointive office be made by the officer, or by the officers, body or board of officers, authorized to make appointment to the office for the full term, the person so appointed to such vacancy shall hold office for the balance of the unexpired term. The term of office of an officer appointed to fill a vacancy in an elective office, shall be until the commence- ment of the political year next succeeding the first annual election after the happening of the vacancy, if the office be made elective by the constitution, or at which the vacancy can be filled by election, if the office be otherwise made elective." (§27, Pub. Officers' Law, chap. 681, Lawis 1892.) IV. RESIGNATIONS, VACANCIES AND REMOVALS. Besignation of officers. — " Public officers may resign their offices as follows : " I. The governor, lieutenant-governor, secretary of state, comptroller, attorney general, state engineer and surveyor, to the legislature ; " 2. All officers appointed by the governor alone, or by him with the consent of the senate, to the governor; " 3. Senators and members of assembly, to the presiding officers of their respective houses ; " 4. Sheriffs, coroners, county clerks, district attorneys and reg- isters of counties, to the governor ; " 5. Every other county officer, to the county clerk ; " 6. Every town officer, to the town clerk ; " 7. Every officer of any other municipal corporation, to the clerk of the corporation ; " 8. Every other appointive officer, where not otherwise pro- vided by law, to the body, board or officer that appointed him. and every other elective officer, where not otherwise provided by law, to the secreary of state. " Every resignation shall be in writing addressed to the officer or body to whom it is made. If addressed to an officer, it shall take effect upon delivery to him at his place of business, or when it shall be filed in his office. 320 State and County Officers. " If addressed to the legislature or to the presiding officer of either house thereof, it shall be delivered to and filed by the sec- retary of state, and shall take effect when so delivered, and he shall forthwith communicate the fact of such resignation to the legislature or to such house, if in session, or if not, at its first meeting thereafter. " If addressed to any other body it shall be delivered to the presiding officer or clerk of such body, if there be one, and if not, to any member thereof, and shall take effect upon such delivery, and shall be filed with the clerk, or if there be no clerk, with the other records of such body. A delivery at the office or place of residence or business of the person to whom any such resignation may be delivered shall be a sufficient delivery thereof." (§21, Pub. Officers' Laiv, chap. 681, Laws 1892.) Resignation of representative in congress. — Notice of such res- ignation to be transmitted to secretary of state. {See § 190, Elec- tion Laiv. ) Removal of judicial officers. — " Judges of the court of appeals and justices of the supreme court, may be removed by concurrent resolution of both houses of the legislature, if two-thirds of all members elected to each house concur therein. All other judicial officers, except justices of the peace and judges or justices of inferior courts not of record, may be removed by the senate, on the recommendation of the governor, if two-thirds of all the mem- bers elected to the senate concur therein. But no officer shall be removed by virtue of this section except for cause, which shall be entered on the journals, nor unless he shall have been served with a statment of the cause alleged, and shall have had an oppor- tunity to be heard. On the question of removal, the yeas and nays shall be entered on the journal." (§ 11, art. 6, Revised State Con- stitution.) Removal of officers by senate. — " The governor before making a recommendation to the senate for the removal of any officer may in his discretion, take proofs for the purpose of determining whether such recommendation shall be made. " The secretary of state, comptroller, treasurer, attorney-gen- eral, or the state engineer and surveyor, may be removed by the senate, on the recommendation of the governor, for misconduct or malversation in office, if two-thirds of all the members elected to State and County Officers. 321 the senate shall concur therein. No such removal shall be made un- less the person who is sought to be removed shall have been served with a copy of the charges against him and have an opportunity of being heard. On the question of removal, the yeas and nays shall be entered on the journal. The governor may convene the senate in extra session for the investigation of such charges. The senate shall have power to make such rules as it may see fit for the prac- tice before it. At the time appointed for the investigataion, the senate shall proceed to hear and try the charges against such of- ficer, and may take proofs in relation thereto. " The governor may direct the attorney-general or may appoint any suitable person to conduct the trial of such charges before the senate. " An officer appointed by the governor by and with the advice and consent of the senate, may be removed by the senate upon the recommendation of the governor. "If the senate shall reject a recommendation of removal the clerk of the senate shall, by a writing signed by him and by the president and clerk of the senate, communicate the fact of such rejection to the governor. If the senate shall concur in such a recommendation the removal shall take effect upon the passage of the resolution of concurrence, and duplicate copies of such resolu- tion, certified by the clerk and president of the senate, shall be executed and delivered by the clerk to the secretary of state." (§ 22, Pub. Officers' Lazv, chap. 681, Lazvs 1892.) Removals by governor.* — " An officer appointed by the gover- nor for a full term or to fill a vacancy, any county treasurer, any county superintendent of the poor, any register of a county, any coroner or any notary public, may be removed by the governor within the term for which such officer shall have been chosen, after giving to such officer a copy of the charges against him and an opportunity to be heard in his defense." (§ 2^, Pub. Offi- cers Law, chap. 681, Latus 1892. Thus amended by chap. 238, L. 1899; chap. 91, L. 1902; chap. 128, L. 1903.) Evidence in proceedings for removal by governor. — '" The gov- ernor may take the evidence in any proceeding for the removal * " The governor may also remove sheriffs, county clerks, district attor- neys and registers in counties within the terms for which they shall have been elected, giving to such officers copies of charges against them and an opportunity of being heard in their defense. (Sec. i, art. 10, Constitution.) 322 State and County Officers. by him of a public officer or may direct that the evidence be taken before a justice of the supreme court of the district, or the county judge of the county, in which the officer proceeded against shall reside, or before a commissioner appointed by the governor for that purpose by an appointment in writing, filed in the office of the secretary of state. The governor may direct such judge or commissioner to report to him the evidence taken in such proceed- ing, or the evidence and the findings by the judge or commissioner of the material facts deemed by such judge or commissioner to be established. The commissioner or judge directed to take such evi- dence may require witnesses to attend before him, and shall issue subpoenas for such witnesses as may be requested by the officer proceeded against. " The governor may direct the attorney-general, or the district attorney of the county in which the officer proceeded against shall reside to conduct the examination into the truth of the charges alleged as ground for such removal. If the examination shall be before a commissioner or judge, it shall be held at such place in the county in which the officer proceeded against shall reside as the commissioner or judge shall appoint, and at least eight days after written notice of the time and place of such examina- tion shall have been given to the officer proceeded against. " All sheriffs, coroners, constables and marshals to whom pro- cess shall be directed and delivered under this section shall execute the same without necessary* delay." (§ 24, Pub, OMcers' Law, chap. 681, Laws 1892.) Removal of oflBicers by state officers. — " Every removal of an officer by one or more state officers, shall be in written duplicate orders, signed by the officer, or by all or a majority of the officers making the removal, or if made by a body or board of state officers may be evidenced by duplicate certified copies of the resolution or order of removal, signed either by all or a majority of the officers making the removal, or by the president and clerk of such body or board. Both such duplicate orders or certified copies shall be de- livered to the secretary of state, who shall record in his office one of such duplicates, and shall, if the officer removed is a state officer, deliver the other to such officer by messenger, if required by the governor, and otherwise bv mail or as the secretary of state * So in the original. State and County Officers. 323 shall deem advisable, and shall, if directed by the governor, cause a copy thereof to be published in the state papers. If the officer removed be a local officer, he shall send the other of such dupli- cates to the county clerk of the county in which the officer re- moved shall have resided at the time he was chosen to the office, and such clerk shall file the same in his office, and forthwith notify the officer removed of his removal." (§ 25, Pub. Officers' Law, chap. 681, Laws 1892.) Vacancies in elective offices. — " The legislature shall provide for filling vacancies in office, and in case of elective officers, no person appointed to fill a vacancy shall hold his office by virtue of such ap- pointment longer than the commencement of the political year next succeeding the first annual election after the happening of the vacancy." (§5, art. 10, State Constitution.) Creation of vacancies. — " Every office shall be vacant upon the happening of either of the following events before the expiration of the term thereof: " I . The death of the incumbent ; " 2. His resignation ; " 3. His removal from office ; " 4. His ceasing to be an inhabitant of the state, or if he be a local officer, of the political subdivision, or municipal corporation of which he is required to be a resident when chosen ; " 5. His conviction of a felony, or a crime involving a violation of his oath of office ; " 6. The judgment of a court, declaring void his election or ap- pointment, or that his office is forfeited or vacant ; " 7. His refusal or neglect to file his official oath or undertaking, if one is required, before or within fifteen days after the com- mencement of the term of office for which he is chosen, if an elective office, or if an appointive office, within fifteen days after notice of his appointment, or within fifteen days after the com- mencement of such term ; or to file a renewal undertaking within the time required by law, or if no time be so specified, within fif- teen days after notice to him in pursuance of law, that such renewal undertaking is required. When a new office or an additional in- cumbent of an existing office, shall be created, such office shall, for the purposes of an appointment or election, be vacant from the date 324 State and County Officers. of its creation, until it shall be filled by election or appointment."' (§ 20, Pub. Officers' Lazv, chap. 681, Laws 1892.) Vacancies filled by legislature. — " When a vacancy occurs or exists, other than by removal, in the office of the secretary of state, comptroller, treasurer, attorney-general, or state engineer and surveyor, or a resignation of any such office to take effect at any future day shall have been made while the legislature is in session, the two houses thereof, by joint ballot, shall appoint a. person to fill such actual or prospective vacancy." (§ 30, Pub. Officers' Laiv, chap. 681, Lazvs 1892.) Filling other vacancies. — " If a vacancy shall occur, otherwise than by expiration of term, with no provision of law for filling the same, if the office be elective, the governor shall appoint a person to execute the duties thereof until the vacancy shall be filled by an election. But if the term of such officer shall expire with the calendar year in which the appointment shall be made, or if the office be appointive, the appointee shall hold for the residue of the term." (§31, Pub. Officers' Lam, chap. 681, Laws 1892.) Vacancies in office of judges of court of appeals. — " When a vacancy shall occur otherwise than by expiration of the term, in the office of chief or associate judge of the court of appeals, the same shall be filled, for a full term, at the next general election happening not less than three months after such vacancy oc- curs ; and until the vacancy shall be so filled, the governor, by and with the advice and consent of the senate, if the senate shall be in session, of if not in session the governor may fill such vacancy by appointment. If any such appointment of chief judge shall be made from the associate judges, a temporary appointment of associate judge shall be made in like manner; but in such case, the person appoined chief judge shall not be deemed to vacate his office of associate judge any longer than until the expiration of his appointment as chief judge. The powers and jurisdiction of the court shall not be suspended for want of appointment or election, when the number of judges is sufficient to constitute a quorum. All appointments under this section shall continue until and including the last day of December next after the election at which such vacancy shall be filled." (§8, art. 6, State Con- stitution. ) State and County Officers. 325 Vacancy in office of justices of supreme court. — " When a va- cancy shall occur, otherwise than by expiration of term, in the office of justice of the supreme court, the same shall be filled, for a full term, at the next general election happening not less than three months after such vacancy occurs ; and until the vacancy shall be so filled the governor, by and with the advice and consent of the senate, if the senate shall be in session,, or if not in session, the governor may fill such vacancy by appointment, which shall con- tinue until and including the last day of December next after the election at which the vacancy shall be filled." (Part of § 4, art. 6, State Constitution.) Vacancies in office of county judge and surrogate to be filled in same manner as like vacancies occurring in office of justice of supreme court. (See § 15, art. 6, State Const.) Vacancies in office of United States senator. — Whenever on the meeting of the legislature of any state a vacancy exists in the rep- resentation of such state in the senate, the legislature shall pro- ceed, on the second Tuesday after meeting and organization, to elect a person to fill such vacancy, in the manner prescribed in the pre- ceding section for the election of a senator for a full term. Whenever during the session of the legislature of any state, a vacancy occurs in the representation of such state in the senate, similar proceedings to fill such vacancy shall be had on the second Tuesday after the legislature has organized and has notice of such vacancy. (See § 16, ist Rev. U. S. Stat.) Vacancies in office of representative in congress. — If any such representative shall resign he shall forthwith transmit a notice of his resignation to the secretary of state, and if a vacancy shall occur in any such office the clerk of the county in which such representative shall have resided at the time of his election shall, without delay, transmit a notice thereof to the secretary of state. (See § 160, Election Law.) " When vacancies happen in the representative from any state, the executive authority thereof shall issue writs of election to fill such vacancies. (See § 2, art. i, U. S. Const.) Special elections. — When to be had to fill such vacancies. (See § 4. Election Lazv.) Notice of existence of vacancy. — " When a judgment shall be rendered by any court convicting an officer of a felony, or of a 326 State and County Officers. crime involving a violation of his oath of office, or declaring the election or appointment of any officer to be void, or that the office of any officer has been forfeited or become vacant, the clerk of such court shall give notice thereof to the governor, stating the cause of such conviction or judgment. " Whenever a public officer shall die before the expiration of his term of office, or shall cease to be a resident of the political subdivision of the state or a 'municipal corporation in which he is required to be a resident as a condition of continuing in the office, the county clerk of the county in which such officer shall have re- sided immediately prior to such death or removal, shall immediately give notice of such death or removal to the governor. If the gov- ernor is not authorized to fill any vacancy of which he shall have notice, he shall fortliwith give notice of the existence of such vacancy to the officer or officers, or to the body or board of officers authorized to fill the vacancy, or if such vacancy may be filled by an election, to the officers authorized to give notice of such election." (§ 26, Pub. Officers' Law, 1892.) Filling vacancies in elective offices at general and special elec> tions. — " A vacancy occurring before October fifteenth in any year, in an office authorized to be filled at a general election, shall be filled at the general election held next thereafter, unless otherwise provided by the constitution, or unless previously filled at a special election, or unless a special election therefor shall have been ordered to be held on or after such fifteenth day of October and before such general election. " Upon the failure to elect to any office, except governor or lieutenant-governor, at a general or special election at which the office is authorized to be filled ; or upon the death or disqualifi- cation of a person elected to office at a general or special election before the commencement of his official term ; or upon the occur- rence of a vacancy in any elective office, which cannot 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 proclamation of a special election to fill such office, specifying the district or county in which the election is to be held, and the day thereof, which shall not be 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 State and County Officers. 327 office of a representative in congress, unless such vacancy occur on or before the first day of July of the last year of the term of office, or unless occurring thereafter and a special session of con- gress be called to meet before the next general election, or be called after October fourteenth of such year ; nor to nil a vacancy in the office of state senator, unless tlie vacancy occur 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 occur 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 elec- tion, or be called after October fourteenth of 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." (§4, Election Law, 1892.) Political Divisions of State, Counties, Towns. ELECTION DISTRICTS. Number of Election Districts in New York State, as Reported by County Clerks, January i, 1901. DISTS. Albany 129 Allegany -•• 4^ Broome 69 Cattaraugus 60 Cayuga • --• 5^ Chautauqua. - --• 73 Chemung --• 4^ 40 35 41 29 50 68 172 34 39 37 30 32 II 48 Jefferson -.--. 7^ Kings 518 Lewis 36 Livingston --- 37 Madison •.. 49 Monroe 122 Montgomery - 45 Nassau 42 New York 892 Niagara........ 54 Oneida 106 Chenango. , Clinton Columbia . , Cortland... Delaware . , Dutchess . Erie Essex ..... Franklin... Fulton .... Genesee .., Greene. .. Hamilton . Herkimer. DISTS. Onondaga 132 Ontario 45 Orange 85 Orleans .... 29 Oswego 59 Otsego - 57 Putnam 13 Queens - -. -. 72 Rensselaer .... 105 Richmond . — 40 Rockland 31 St. Lawrence 91 Saratoga 60 Schenectady 31 Schoharie 32 Schuyler .. .... 20 Seneca - 26 Steuben 66 Suffolk 67 Sullivan 34 Tioga 37 Tompkins 39 Ulster 78 Warren . .. 30 Washington 48 Wayne 4^ Westchester 104 Wyoming 33 Yates 23 4,647 Political Divisions of States, Counties and Towns. 329 Creation, division and alteration of election districts. — Every town, or ward of a city not sul)diviclcd into election districts shall be an election district. The Town board of every town containing more than four hun- dred electors, and the common council of every city except New York, in which there shall be a ward containing more than four hundred electors, shall, on or before the first day of July in each year, whenever necessary so to do, divide such town or ward respectively into election districts, each of which shall be compact in form, wholly within the town or ward, and shall contain respectively as near as may be, four hundred electors, but no such ward or town shall be again divided into election districts until at some general election, the number of votes cast in one or more districts thereof shall exceed six hundred ; and in such a case the redivision shall apply only to the town or ward in which such district is situated. If any part of a city shall be within a town, the town board shall divide into election districts only that part of the town which is outside of the city. No election dis- trict including any part of a city shall include any part of a town outside of a city. A town or a ward of a city containing less than four hundred electors may, at least thirty days before the election or appointment of in- spectors of election of such town or ward, be divided into election districts by the board or other body charged with such duty when, in the judgment of such board or body, the convenience of the electors shall be promoted thereby. The creation, division or alteration of an election district outside of a city shall take effect immediately after the next town meeting, and at such next town meeting inspectors of election shall be elected for each election district as constituted by such creation, division or alteration. If the creation, division or alteration of an election district is rendered neces- sary by the creation, division or alteration of a town, or ward of a city, it shall take effect immediately, but a new town or ward shall not be created, and no new town or ward shall be subdivided into election districts between the first day of August of any year, and the day of the general election next thereafter. If inspect- ors are not elected or appointed for such district outside of a city before September the first next thereafter, the town board of the town shall 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 dis- tricts of the town, except for the purpose of town meetings. The board of elec tions 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 existing 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 330 Political Divisions of States, Counties and Towns. electors therein shall exceed six hundred and fifty, provided, however, that any election district containing less than seventy-five electors in such counties, made necessary by the crossing of congressional lines with other political divisions, may hz consolidated with contiguous election districts in any year when no representa- tive 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 electors for the election of the preceding year, into two or more election districts. Such election districts so established in the city of New York shall not again be changed until at some general election the number of registered electors therein shall exceed six hundred and fifty, except where changes are made necessary by a change in the boundaries of congressional, senate, or assembly districts or ward lines, provided, however, that when the number of reg- istered electors in any election district shall for two consecutive years, be less than two hundred and fifty, such district may be consolidated with contiguous election districts in the discretion of said board of elections. In that portion of the city of New York within the county of New York each election district shall be compact in form, entirely within an assembly district and numbered in consecutive order therein respectively. In that portion of the city of New York ouiside 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, as constituted by the Greater New York charter, shall be respectively deemed to be a ward within the meaning of this section. $ 8, Election Law. ( TAus amended hy chap. 85, Z. 1901.) Maps and certificates of boundaries of election districts. — " When a ward of a city or an assembly district within a city shall be divided into two or more election districts, the officers or board creating, dividing or altering such election districts, shall forthwith make a map or description of such division, defining it by known boundaries, and cause such map or description to be kept open for public inspection in the office of the city clerk, and cause copies thereof to be posted not less than ten days prior to the first day of registration in each year, in at least ten of the most public places in each election district so created, divided or altered, and shall,, prior to every election, furnish copies of such map or description to the inspectors of election in each election district of such ward or assembly dis- trict. The officers creating, dividing or altering an election district in a town shall forthwith make a certificate or map thereof, exhibiting the dis- tricts so created, divided or altered, and their numbers respectively, and file Political Divisions of States, Counties and Towns. 331 the same in the county clerk's office, 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 cer- tificates to the inspectors of election in each election district of such town, provided such election district is not coterminous with the town lines." ($9, Election Law.) SENATE DISTRICTS. As apportioned by the state constitution in 1895. First district. — Counties of Suffolk and Richmond. Second district. — County of Queen.s. Third district. — That part of the county of Kings comprising the first, second, third, fourth, fifth and sixth wards of the city of Brooklyn. Fourth district. — That part of the county of Kings comprising the seventh, thirteenth, nineteenth and twenty-first wards of the city of Brooklyn. Fifth district. — That part of the county of Kings comprising the eighth, tenth, twelfth and thirtieth wards of the city of Brooklyn, and the ward of the city of Brooklyn which was formerly the town of Gravesend. Sixth district. — That part of the county of Kings comprising the ninth, eleventh, twentieth and twenty-second wards of the city of Brooklyn. Seventh district. — That part of the county of Kings comprising the fourteenth, fifteenth, sixteenth and seventeenth wards of the city of Brooklyn. Eighth district. — That part of the county of Kings comprising the twenty-third, twenty-fourth, twenty-fifth and twenty-ninth wards of the city of Brooklyn, and the town of Flatlands. Ninth district. — -That part of the county of Kings comprising the eighteenth, twenty-sixth, twenty-seventh and twenty-eighth wards of the city of Brooklyn. Tenth district. — That part of the county of New York within and bounded by a line beginning at Canal street and the Hudson river, and running thence along Canal street, Hudson street, Dominick street, Varick street, Broome street, Sullivan street. Spring street, Broadway, Canal street, the Bowery, Division street, Grand street 17,2 Political Divisions of States, Counties and Towns. and Jackson street, to the East river and thence around the southern end of Manhattan island, to the place of beginning, and also Governor's, Bedlow's and Ellis islands. Eleventh district. — That part of the county of New York lying north of district number ten, and within and bounded by a line beginning at the junction of Broadway and Canal street, and run- ning thence along Broadway, Fourth street, the Bowery and Third avenue, St. Mark's place. Avenue A, Seventh street, Avenue B, Clinton street, Rivington street, Norfolk street, Division street, Bowery and Canal street, to the place of beginning. Twelfth district. — That part of the county of New York lying north of districts numbers ten and eleven and within and bounded by a line beginning at Jackson street and the East river, and running thence through Jackson street, Grand street. Division street, Norfolk street, Rivington street, Clinton street, Avenue B, Seventh street. Avenue A, St. Mark's place, Third avenue, East Fourteenth street to the East river, and along the East river, to the place of beginning. Thirteenth district. — That part of the county of New York lying north of district number ten, and within and bounded by a line beginning at the Hudson river at the foot of Canal street, and running thence along Canal street, Hudson street, Dominick street, Varick street, Broome street, Sullivan street, Spring street, Broadway, Fourth street, the Bowery and Third avenue, Four- teenth street. Sixth avenue, West Fifteenth street, Seventh ave- nue, West Nineteenth street, Eighth avenue. West Twentieth street, and the Hudson river to the place of beginning. Fourteenth district. — That part of the county of New York lying north of districts numbers twelve and thirteen, and within and bounded by a line beginning at East Fourteenth street and the East river, and running thence along East Fourteenth street, Irv- ing place. East Nineteenth street. Third avenue, East Twenty- third street, Lexington avenue. East Fifty-third street. Third avenue. East Fifty-second street, and the East river, to the place of beginning. Fifteenth district. — That part of the county of New York lying north of district number thirteen, and within and bounded by a line beginning at the junction of West Fourteenth street and Sixth avenue, and running thence along Sixth avenue, West Fif- teenth street , Seventh avenue. West Fortieth street. Eighth avenue, and the transverse road across Central Park at Ninety-seventh Senate Districts. 3-5 street, Fifth avenue, East Ninety-sixth street, Lexington avenues- East Twenty-third street, Third Avenue, East Nineteenth street, Irving place and Fourteenth street, to the ulace of beginning. Sixteenth district. — That part of the county of New York lying north of district number thirteen, and within and bounded by a line beginning at Seventh avenue and West Nineteenth street, and running thence along West Nineteenth street, Eighth avenue. West Twentieth street, the Hudson river, West Forty-sixth street, Tenth avenue, West Forty-third street. Eighth avenue, West Fortieth street and Seventh avenue, to the place of beginning. Seventeenth district. — That part of the county of New York lying north of district number sixteen, and within and bounded by a line beginning at the junction of Eighth avenue and West Forty- third street, and running ihence along West Forty-third street. Tenth avenue, West Forty-sixth street, the Hudson river, West Eighty-ninth street. Tenth or Amsterdam avenue. West Eighty- sixth street, Ninth or Columbus avenue. West Eighty-first street and Eighth avenue, to the place of beginning. Eighteenth district. — That part of the county of New York lying north of district number fourteen, and within and bounded by a line beginning at the junction of East Fifty-second street, and the East river, and running thence along East Fifty-second street, Third avenue, East Fifty-third street, Lexington avenue, East Eighty-fourth street. Second avenue. East Eighty-third street and the East river, to the place of beginning ; and also Blackwell's island. Nineteenth district. — That part of the county of New York lying north of district number seventeen, and within and bounded by a line beginning at West Eighty-ninth street and the Hudson river, and running thence along the Hudson river and Spuyten Duyvil creek around the northern end of Manhattan island ; thence southerly along the Harlem river to the north end of Fifth avenue ; thence along Fifth avenue. East One Hundred and Twenty-ninth street. Fourth or Park avenue. East One Hundred and Tenth street, Fifth avenue, the transverse road across Central Park at Ninety-seventh street. Eighth avenue. West Eighty-first street. Ninth or Columbus avenue. West Eighty-sixth street. Tenth or Amsterdam avenue and West Eighty-ninth street, to the place of beginning. Twentieth district. — That part of the county of New York lying north of districts numbers eighteen and fifteen, and within and 334 Political Divisions of States, Counties and Towns. bounded by a line beginning at East Eighty-third street and the East river, running thence through East Eighty-third street, Second avenue, East Eighty-fourth street, Lexington avenue, East Ninety- sixth street, Fifth avenue. East One Hundred and Tenth street. Fourth Oi Park avenue, East One Hundred and Nineteenth street to the Harlem river, and along the Harlem and East rivers, to the place of beginning ; and also Randall's island and Ward's island. All of the above districts in the county of New York, bounded upon or along the boundary waters of the county, shall be deemed to extend to the county line. Twenty-first district. — That part of the county of New York lying north of districts numbers nineteen and twenty, within and bounded by a line beginning at East One Hundred and Nineteenth street and the Harlem river, and running thence along East One Hundred and Nineteenth street, Fourth or Park avenue. One Hundred and Twenty-ninth street, Fifth avenue and the Harlem river, to the place of beginning ; and all that part of the county of New York not hereinbefore described. Twenty-second district. — County of Westchester. Twenty-third district. — Counties of Orange and Rockland. Twenty-fourth district. — Counties of Dutchess, Columbia and Putnam. Twenty-fifth district. — Counties of Ulster and Greene. Twenty-sixth district. — Counties of Delaware, Chenango and Sullivan. Twenty-seventh district. — Counties of Montgomery, Fulton, Hamilton and Schoharie. Txventy-eighth district. — Counties of Saratoga, Schenectady and Washington. Twenty-ninth district. — County of Albany. Thirtieth district. — County of Rensselaer. Thirty-first district. — Counties of Clinton, Essex and Warren. Thirty-second district. — Counties of St. Lawrence and Franklin. Thirty-third district. — Counties of Otsego and Herkimer. Thirty-fourth district. — County of Oneida. Thirty-fifth district. — Counties of Jefferson and Lewis. Thirty-sixth district. — County of Onondaga. Thirty-seventh district. — Counties of Oswego and Madison. Thirty-eighth district. — Counties of Broome, Cortland and Tioga. Thirty-ninth district. — Counties of Cayuga and Seneca, Senate Districts. 335 Fortieth district. — Counties of Chemung, Tompkins and Schuyler. Forty- first district. — Counties of Steuben and Yates. Forty-sfcond district. — Counties of Ontario and Wayne. Forty-third district. — That part of the county of Monroe com- prising the towns of Brighton, Henrietta, Irondequoit, Mendon, Penfield, Perinton, Pittsford, Rush and Webster, and the fourth, sixth, seventh, eighth, twelfth, thirteenth, fourteenth, sixteenth, seventeenth and eighteenth wards of the city of Rochester, as at present constituted. Forty-fourth district. — That part of the county of Monroe com- prising the towns of Chili, Clarkson, Gates, Greece, Hamlin, Ogden, Parma, Riga, Sweden and Wheatland, and the first, second, third, fifth, ninth, tenth, eleventh, fifteenth, nineteenth and twentieth wards of the city of Rochester, as at present constituted. Forty-fifth district. — Counties of Niagara, Genesee and Orleans. Forty-sixth district. — Counties of Allegany, Livingston and Wyoming. Forty-seventh district. — That part of the county of Erie com- prising the first, second, third, sixth, fifteenth, nineteenth, twentieth, twenty-first, twenty-second, twenty-third and twenty- fourth wards of the city of Buffalo, as at present constituted. Forty-eighth district. — That part of the county of Erie compris- ing the fourth, fifth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth and sixteenth wards of the city of Buffalo, as at present constituted. Forty-ninth district. — That part of the county of Erie compris- ing the seventeenth, eighteenth and twenty-fifth wards of the city of Buffalo, as at present constituted ; and all the remainder of the said county of Erie not hereinbefore described. Fiftieth district. — Counties of Chautauqua and Cattaraugus. ASSEMBLY DISTRICTS. (As apportioned by the constitution of 1894, and divided into assembly districts by boards of supervisors in June, 1895.) Albany County. First district. — Composed of towns of Bethlehem, Coeymans tnd New Scotland, and the first, fourteenth, fifteenth, sixteenth 336 Political Divisions of States, Counties and Towns. and eighteenth wards and part of the second ward of the city of Albany ; 37,896 inhabitants excluding aliens. Second district. — Towns of Berne, Guilderland, Knox, Renssel- aerville and Westerlo, and the seventh, tenth, eleventh, thirteenth, seventeenth and nineteenth wards and part of the twelfth ward of the city of Albany ; 37,752 inhabitants excluding aliens. Third district. — The third, fourth, fifth, sixth, eighth and ninth wards and parts of the second and twelfth wards of the city of Albany ; 38,323 inhabitants excluding aliens. Fourth district. — The city of Cohoes and towns of Colonic and Watervliet ; 42,yyy inhabitants excluding aliens. Allegany County — One District. Broome County. First district. — Towns of Binghamton, Colesville, Conklin, Dick- inson, Fenton, Kirkwood, Sandford and Windsor and the seventh,^ eighth, ninth, tenth, eleventh, twelfth and thirteenth wards of the city of Binghamton ; 30,892 inhabitants excluding aliens. Second district. — The towns of Barker, Chenango, Lisle, Maine, Nanticoke, Triangle, Union and Vestal, and the first, second, third, fourth, fifth and sixth wards of the city of Binghamton; 30,618 inhabitants excluding aliens. Cattaraugus County. First district. — City of Olean, towns of Allegany, Ashford, Far- mersville, Franklinville, Freedom, Hinsdale, Humphrey, Ischua, Lyndon, Machias, Olean, Portville and Yorkshire; 30,131 inhab- itants excluding aliens. Second district. — Towns of CarroUton, Cold Spring, Cone- wango, Dayton, East Otto, Elko, Ellicottville, Great Valley, Leon, Little Valley, Mansfield, Napoli, New Albion, Otto, Perrysburg, Persia, Randolph, Red House, Salamanca and South Valley; 29,594 inhabitants excluding aliens. Cayuga County. First district. — Towns of Brutus, Cato, Conquest, Ira, Mentz, Montezuma, Sennett, Sterling, Throop, Victory, and the first, second, fifih, sixth and tenth wards of the city of Auburn; 30,536 inhabitants excluding aliens. Second district. — Towns of Aurelius, Fleming, Genoa, Ledyard, Locke, Moravia, Niles, Owasco, Scipio, Sempronius, Springport, Assembly Districts, Erie County, -^37 Summer Hill and Venice, and the third, fourth, seventh, eighth and ninth wards of the city of Auburn; 29,793 inhabitants exclud- ing aliens. Chautauqua County. First district. — Towns of Arkwright, Busti, Carroll, Charlotte, Cherry Creek, Ellery, Ellicott, Ellington, Gerry, Harmony, James- town, Kiantone, Poland, Stockton and Villenova; 37,353 inhabit- ants excluding aliens. Second district — Towns of Chautauqua, Clymer, Dunkirk, Han- over, French Creek, Mina, Pomfret, Portland, Ripley, Sheridan, Sherman and Westfield; 36,718 inhabitants excluding aliens. Chemung County — One District. Chenango County — One District. Clinton County — One District. Columbia County — One District. Cortland County — One District. Delaware County — One District. Dutchess County. First district. — Towns of Milan, Pine Plains, North East, Stam- ford, Amenia, Washington, Pleasant Valley, Lagrange, Unionvale, Dover, Pawling, Beekman, East Fishkill, Fishkill and Wappinger's Falls; 37,835 inhabitants excluding aliens. Second district. — Towns of Red Hook, Rhinebeck, Clinton, Hyde Park, Poughkeepsie and Poughkeepsie city; 37,213 inhabit- ants excluding aliens. Erie County. First district. — The first, second, third, sixth, nineteenth and twentieth wards of the city of Buffalo; 48,249 inhabitants exclud- ing aliens. Second district. — The fifteenth, twenty-first, twenty-second, twenty-third and twenty-fourth wards of the city of Buffalo, 51,526 inhabitants excluding aliens. Third district. — The fifth, eleventh and fourteenth wards of the city of Buffalo; 34,216 inhabitants excluding aliens. Fourth district. — The fourth, eighth, ninth and tenth wards of the city of Buffalo ; 36,470 inhabitants excluding aliens. Fifth district. — The seventh, twelfth, thirteenth and sixteenth wards of the city of Buffalo ; 31,215 inhabitants excluding aliens. 2,iS Political Divisions of States, Counties and Towns. Si.x/A district. — The seventeenth, eighteenth and twenty-fifth wards of the city of Buffalo ; 35,767 inhabitants excluding aliens. Seventh district. — The towns of Elma, Manilla, Cheektowaga, Lancaster, Alden, Newstead, Clarence, Amherst, Tonawanda and Grand Island; 31,632 inhabitants excluding aliens. Eighth district. — The towns of Collins, Concord, Sardinia, North Collins, Brant, Eden, Evans, Boston, Colden, Holland, Wales, Aurora, East Hamburgh, Hamburgh and West Seneca; 33,519 inhabitants excluding aliens. Essex County — One District. Franklin County — One District. Fulton and Hamilton Counties — One District. Genesee County — One District. Greene County — One District. Herkimer County — One District. Jefferson County. First district. — Towns of Adams, Brownville, Cape Vincent, Clayton, Ellisburg, Henderson, Hounsfield, Lorraine, Lyme, Pamelia and the third and fourth wards of the city of Watertown ; 32,999 inhabitants excluding aliens. Second district. — Towns of Alexandria, Antwerp, Champion, Le Ray, Orleans, Philadelphia, Rodman, Rutland, Theresa, Water- town, Wilna and Worth and the first and second wards of the city of Watertown ; 33,121 inhabitants excluding aliens. Kings County. First district. — Beginning at a point on the boundary line of the county of Kings, formed by the junction of a line drawn in con- tinuation of the center line of Atlantic avenue in the city of Brook- lyn ; thence easterly to the center of Henry street ; thence south- erly to the center of Amity street ; thence easterly to the center of Court street ; thence southerly to the center of Bergen street ; thence easterly to the center of Fourth avenue ; thence northerly to the center of Flatbush avenue ; thence northwesterly to the center of Fulton street ; thence westerly and northerly and west- erly to the center of Hicks street ; thence southerly to the center of Poplar street ; thence westerly to the center of Willow street ; thence southerly to the center of Middagh street ; thence west- Assembly Districts, Kings County. 339 crly to the center of Columbia Heights ; thence northerly to the center of Doughty street ; thence westerly to the center of Furman street ; thence northerly to the center of Fulton street ; thence westerly to the boundary line of the county of Kings on the East river ; thence southerly to the point of beginning. Comprises part of first ward, the third ward and part of sixth ward of the city of Brooklyn ; 39,133 inhabitants excluding aliens. Second district. — Beginning at a point on the boundary line of the county of Kings on the East river, formed by the junction of a line drawn in continuation of the center line of Fulton street ; running thence easterly along the center of Fulton street to the center of Furman street ; thence southerly to the center of Doughty street ; thence easterly to the center of Columbia Heights ; thence southerly to the center of Middagh street ; thence easterly to the center of Willow street ; thence northerly to the center of Poplar street ; thence easterly to the center of Hicks street ; thence northerly to the center of Fulton street ; thence easterly, southerly and easterly to the center of Bridge street ; thence northerly to the center of Johnson street ; thence easterly to the center of Navy street ; thence northerly to the boundary line of the United States navy yard ; thence northerly along said boundary line to a point on the boundary line of the county of Kings on the East river ; thence along said boundary line west- erly to the place of beginning. Comprises the second, fourth and fifth wards and part of first ward of the city of Brooklyn ; 38,958 inhabitants excluding aliens. Third district. — Beginning at a point on the boundary line of the county of Kings on the East river, formed by the junction of a line drawn in continuation of the center line of Atlantic avenue ; running thence easterly along the center of Atlantic avenue to the center of Henry street ; thence southerly to the center of Amity street ; thence easterly to the center of Court street ; thence south- erly to the center of Fourth place ; thence westerly along the center of Fourth place and Coles street to the center of Hamilton avenue ; thence northwesterly along the center of Hamilton ave- nue to a point on the boundary line of the county of Kings on the East river ; thence along the East river northerly to the place of beginning. Comprises the sixth ward, except the third election district of the city of Brooklyn; 39,382 inhabitants excluding aliens. Fourth district. — Beginning at a point on the boundary line of the county of Kings on the East river, on a line drawn through 340 Political Divisions of States, Counties and Towns. the center of Division avenue ; thence easterly along the center of Division avenue to a point where the center line of Lee ave- nue forms a junction with the center line of Division avenue; thence southeasterly to the center of Rodney street; thence south- westerly to the center of Bedford avenue; thence southeasterly and again southerly to the center of Flushing avenue; thence easterly to the center of Sanford street; thence southerly to the center of Park avenue; thence easterly to the center of Nostrand avenue; thence southerly to the center of Myrtle avenue; thence westerly to the center of Bedford avenue; thence southerly to the center of Breevort place; thence westerly to the center of Frank- lin avenue; thence southerly to the center of Atlantic avenue; thence westerly to the center of Washington avenue; thence to its junction with the center of the Wallabout canal; thence north- westerly to its point of intersection with the boundary line of the county of Kings on the East river; thence northerly to the place of beginning. Comprises the seventh ward, part of nineteenth ward and part of twenty-first ward of the city of Brooklyn; 47,552 inhabitants excluding aliens. Fifth district. — Beginning at a point on the boundary line of the county of Kings on the East river, where the same would be inter- sected by the center line of Grand street, running thence south- easterly to the center line of Rodney street; thence southwesterly to the center line of Broadway; thence southeasterly to the center line of Flushing avenue; thence westerly to the center of Bedford avenue; thence northwesterly and again northwesterly to the center of Rodney street; thence northeasterly to the center of Lee avenue; thence northwesterly to the center of Division avenue; thence westerly and again westerly to a point on the boundary line of the county of Kings on the East river; thence northwesterly and northerly to the place of beginning. Comprises the thirteenth ward and part of nineteenth ward of the city of Brooklyn; 48,075 inhabitants excluding aliens. Sixth district. — Beginning at a point formed by the intersection of the center lines of Lafayette avenue and Broadway; running thence northwesterly to the center of Flushing avenue; thence westerly to the center of Sanford street; thence southerly to the center of Park avenue; thence easterly to the center of Nostrand avenue; thence southerly to the center of Myrtle avenue; thence westerly to the center of Bedford avenue; thence southerly to the center of Lafayette avenue; thence easterly along the center of Assembly Districts, Kings County. 341 Lafayette avenue to the place of beginning. Comprises the twenty-first ward, except election districts one, two and three, of the city of Brooklyn; 48,033 inhabitants excluding aliens. Seventh district. — Beginning at a point on the Gowanus canal, formed by the junction of a line drawn in continuation of the center line of Nineteenth street; thence southeasterly to the center of Third avenue ; thence southwesterly to the center of Twen- tieth street ; thence southeasterly to the center of Sixth avenue ; thence southwesterly to the center of Twenty-third street ; thence southeasterly to the center of Seventh avenue ; thence north- easterly to the center of Twentieth street ; thence southeasterly along the southerly side of Twentieth street to a point distant one hundred feet northwesterly from the corner formed by the inter- section of the southerly side of Twentieth street with the westerly side of Ninth avenue ; thence southwesterly on a line parallel with and distant one hundred feet from the westerly side of Ninth avenue to the northerly line of Twenty-first street ; thence south- easterly along the northerly line of Twenty-first street to the westerly line of Ninth avenue, and thence northeasterly along the westerly line of Ninth avenue to the southerly side of Twentieth street ; thence southeasterly along the southerly side of Twentieth street to the westerly line of Tenth avenue ; thence southwesterly along the westerly line of Tenth avenue to the southerly side of Twenty-second street, as laid down in the commissioners' map of the city of Brooklyn ; thence southeasterly along the southerly side of Twenty-second street as so laid down ; thence again southerly to the boundary line separating the city of Brooklyn from the former town of Flatbush, thence westerly and again northwesterly along said boundary line to its junction with the boundary line separating the former town of New Utrecht from the city of Brooklyn ; thence along said boundary line, first south- erly and following in all other directions along the boundary line separating the town of Flatlands and the former town of Graves- end, continuing along the southerly boundary line of the county of Kings, formed by, or on the waters of the Atlantic ocean, Gravesend bay, the Narrows, New York bay, Gowanus bay, the East river and Gowanus canal to the place of beginning. Com- pris-es part of the eighth ward, the thirtieth and thirty-first wards of the city of Brooklyn; 37,559 inhabitants excluding aliens. Eighth district. — Beginning at a point formed by the junction of the center line of First place with the center line of Court street; 342 Political Divisions of States, Counties and Towns. running thence southeasterly along the center of First place to the center of Smith street; thence southwesterly to the center of Second street; thence southeasterly to the center of Bond street; thence northeasterly to the center of First street to the Gowanus canal; thence easterly and northeasterly along the Gowanus canal to the center of First street; thence southeasterly to the center of Fourth avenue; thence northeasterly to the center of Bergen street; thence northwesterly to the center of Court street; thence southwesterly along the center of Court street to the place of beginning. Com- prises the tenth ward, except election districts twenty-five, twenty- six and twenty-seven of the city of Brooklyn; 38,799 inhabitants excluding aliens. Ninth district. — Beginning at a point formed by the junction of the center line of First place with the center line of Court street; running thence southeasterly along the center of First place to the center of Smith street; thence southwesterly to the center of Second street; thence southeasterly along the center of Second street to the center of Bond street; thence northeasterly to the center of First street; thence along First street to its intersection with Gowanus canal; thence along Gowanus canal in all its direc- tions to its intersection with Prospect avenue; thence south- easterly along Prospect avenue to the center of Sixth avenue; thence southwesterly to the center of Twentieth street; thence north- westerly to the center of Third avenue; thence northerly to the center of Nineteenth street; thence northwesterly to the Gowanus canal; thence southwesterly along said canal to Gowanus bay; thence north and northwest along the boundary line of the county of Kings to a point on the East river opposite the center of Ham- ilton avenue; thence southeasterly along the center of Hamilton avenue to its intersection with the center line of Coles street; thence northeasterly to the center of Henry street; thence south- easterly to the center of Fourth place; thence northeasterly to the center of Court street; thence northeasterly to the place of begin- ning. Comprises the twelfth ward, part of tenth ward and part of eighth ward of the city of Brooklyn; 38,068 inhabitants excluding aliens. Tenth district. — Beginning at a point on the boundary line of the county of Kings on the East river or Wallabout bay formed by the junction of a line drawn in continuation of the center line of Washington avenue; running thence southerly along the center of Washington avenue to the center of Atlantic avenue; thence AssEMRLY Districts, Kings County. 343 westerly to the center of South Portland avenue; thence north- westerly to the center of Fulton street; thence westerly to the center of Fort Greene place; thence northerly to the center of De Kalb avenue; thence westerly to the center of Rockwell place; thence southerly to the center of Flatbush avenue; thence north- erly to the center of Fulton street; thence westerly to the center of Bridge street; thence northerly to the center of Johnson street; thence easterly to the center of Navy street; thence northerly to the boundary line of the United States navy yard; and a line in continuation thereof to its junction with the boundary line of the county of Kings on the East river or Wallabout bay; thence easterly along said boundary line to the place of beginning. Comprises the twentieth ward and part of the eleventh ward of the city of Brooklyn; 41,041 inhabitants excluding aliens. Eleventh district. — Beginning at a point formed by the junction of the center lines of Franklin and Atlantic avenues; running thence westerly along the center line of Atlantic avenue to the center of South Portland avenue; thence northerly to the center of Fulton street; thence westerly to the center of Fort Greene place; thence northerly to the center of De Kalb avenue; thence westerly to the center of Rockwell place; thence southerly to the center of Flatbush avenue; thence southeasterly to the center of Fourth avenue; thence southwesterly to the center of Garfield place; thence southeasterly to the center of Seventh avenue; thence northeasterly to the center of Carroll street; thence easterly to the center of Ninth avenue; thence northerly along the center of Ninth avenue continuing to a point at the center of Flatbush avenue; thence southeasterly to its junction with the boundary line of the former town of Flatbush; thence northeasterly and southeasterly along said boundary line to a point formed by the junction of the center line of Franklin avenue; thence north- easterly along the center line of Franklin avenue to the place of beginning. Comprises the ninth ward, part of the eleventh ward and part of the twenty-second ward of the city of Brooklyn; 41,461 inhabitants excluding aliens. Twelfth district. — Beginning at a point on the Gowanus canal formed by the junction of a line drawn in continuation of the center line of Prospect avenue; thence southeasterly along Pros- pect avenue to the center line of Sixth avenue; thence south- westerly to the center of Twenty-third street; thence southeasterly to the center of Seventh avenue; thence northeasterly to the cen- 344 Political Divisions of States, Counties and Towns. ter oi Twentieth street; thence southeasterly along the southerly side of Twentieth street to a point distant one hundred feet north- westerly from the corner formed by the intersection of the southerly side of Twentieth street with the westerly side of Ninth avenue; thence southwesterly on a line parallel with and distant one hundred feet from the westerly side of Ninth avenue to the northerly line of Twenty-first street; thence southeasterly along the northerly line of Twenty-first street to the westerly line of Ninth avenue and thence northeasterly along the westerly line of Ninth avenue to the southerly side of Twentieth street; thence southeasterly along the southerly side of Twentieth street to the westerly line of Tenth avenue; thence southwesterly along the westerly line of Tenth avenue to the southerly side of Twenty- second street, as laid down on the commissioners' map of the city of Brooklyn ; thence southeasterly along the southerly side of Twenty-second street, as so laid down, to the line separating the former town of Flatbush from the city of Brooklyn; thence along said boundary line in all its directions to the center line of Flat- bush avenue ; thence northwesterly along Flatbush avenue to a point on the Plaza opposite the center of Ninth avenue ; thence southwesterly along the center of Ninth avenue to the center of Carroll street ; thence northwesterly to the center of Seventh avenue; thence southwesterly to the center of Garfield place; thence northwesterly to the center of Fourth avenue ; thence southwesterly to the center of First street ; thence northwesterly to the center of Second avenue ; thence southwesterly to the center line of the Gowanus canal ; thence southwesterly along the Gowanus canal to the place of beginning. Comprises part of twenty-second ward and part of former eighth ward of the city of Brooklyn ; 40,682 inhabitants excluding aliens. * Thirteenth district. — Beginning at a point formed by the junc^ tion of the centre line of Ten Eyck street with the centre line of Bushwick avenue, running thence northerly along the centre line of Bushwick avenue to its junction with the centre line of North Second street ; thence westerly to its junction with the centreline of Humboldt street ; thence northerly to its junction with the centre line of Richardson street ; thence westerly to its junction with the centre line of Meeker avenue ; thence northeasterly along the centre line of Meeker avenue to its junction with the boundary line between the counties of Kings and Queens ; thence along said boundary line to its point of junction with the centre line of • Thus reapportioned by order of court, Sept. 83, 1895 Assembly Districts, Kings County. 345 Vail street; thence southwesterly to its junction with the center line of Colyer street; thence westerly along the center line of Colyer street to its point of junction with the center line of Oak- land street; thence northerly to the center line of Greenpoint avenue; thence westerly to its point of junction with the center line of Manhattan avenue; thence northerly to its junction with the center line of Kent street; thence westerly to its junction with the center line of Franklin street; thence southerly to its junction with the center line of Noble street; thence easterly to its junc- tion with the center line of Manhattan avenue; thence southerly to its junction with the center line of Norman avenue; thence southwesterly to its junction with the center line of Banker street and Wythe avenue; thence southwesterly along the center line of Wythe avenue to its intersection with the center line of North Fourteenth street; thence southeasterly to its junction with the center line of Driggs avenue; thence southwesterly to its junction with the center line of Union avenue; thence south- erly to its junction with the center line of Grand street; thence westerly to its junction with the center line of Hooper street; thence southerly along the center line of Hooper street to the center line of South First street; thence easterly along the center line of South First street and Maujer street to its junction with the center line of Leonard street; thence southerly to its junction with the center line of Ten Eyck street; thence easterly along the center line of Ten Eyck street to the place of beginning. Com- prises part of the seventeenth ward and part of the fifteenth ward of the city of Brooklyn; 45,198 inhabitants, excluding aliens. ^Fourteenth district. — Beginning at a point on the boundary line of the county of Kings, on the East river, opposite the center of Grand street, running thence easterly along the center of Grand street to its junction with the center line of Have- meyer street; thence northerly to its junction with the center line of North Second street; thence easterly to its junction with the center line of Marcy avenue; thence southerly to its junction with the center line of Ainslie street; thence easterly to its junc- tion with the center line of Rodney street; thence northerly to its junction with the center line of North Second street; thence easterly to its junction with the center line of Union avenue; thence northerly to its junction with the center line of Driggs street; thence northerly to its junction with the center line of North Fourteenth street; thence northwesterly to its junction with the center line of Wythe avenue; thence northerly to its junction with the center lines of Banker street and Norman avenue; thence northeasterly along the center line of Norman avenue to its junction with the center line of Manhattan avenue: thence northerly to its junction with the center line of Noble * Thus reapportioned by order of court, September 23, 1896. 346 Political Divisions of States, Counties and Towns. street; thence westerly to its junction with the center Une of Franklin street; thence northerly to its junction with the center line of Kent street; thence easterly to its junction with the center line of Manhattan avenue; thence southerly to its junction with the center line of Greenpoint avenue; thence easterly to its junc- tion with the center line of Oakland street; thence southerly to its junction with the center line of Colyer street; thence easterly along the center line of Colyer street to its junction with the center of Vail street; thence along the center line of Vail street to its point of junction with the boundary line separating the counties of Kings and Queens; thence along said boundary line in all its directions to its junction with the boundary line of the county of Kings on the East river; thence southerly along said boundary line to the place of beginning. Comprises part of the fourteenth ward and part of the seventeenth ward of the city of Brooklyn; 45,631 inhabitants, excluding aliens. * Fifteenth district. — Beginning at a point formed by the junc- tion of the centre line of Rodney street with the centre line of Broadway, running thence southeasterly along Broadway to its intersection by the centre line of Flushing avenue ; thence east- erly to its junction with the centre line of Flushing avenue ; thence easterly to its junction with the centre line of Bushwick avenue ; thence northerly along the centre line of Bushwick ave- nue or road, as the same was originally laid down on the commis- sioners' map of the town of Bushwick, to its point of junction with the centre line of Ten Eyck street ; thence westerly to its inter- section by the centre line of Leonard street ; thence northerly to- its junction with the centre line of Mauger street; thence north- erly along the centre line of Mauger street and South First street to its junction with the centre line of Hooper street ; thence northerly to its junction with the center line of Grand street ; thence easterly to its junction with the centre line of Union ave- nue ; thence northerly to its junction with the centre line of North Second street ; thence westerly to its junction with the centre line of Rodney street ; thence southerly to its junction with the centre line of Ainslie street ; thence westerly to its junction with the centre line of Marcy avenue ; thence northerly to its junction with the centre line of North Second street ; thence westerly to its junction with the centre line of Havemeyer street ; thence * Thus reapportioned by o'der of court, Aug. s, 1895. Assembly Districts, Kings County. 347 southerly to its junction with the centre line of Grand street • thence easterly to its junction with the centre of Rodney street • thence southerly along the centre line of Rodney street to the place of beginning. The said fifteenth assembly district herein- before described comprises the sixteenth ward, part of the fifteenth ward, and part of the fourteenth ward of the city of Brooklyn ; 45,759 inhabitants excluding aliens. Sixteenth district. — Beginning at a point formed by the junction ot the centre lines of Lafayette and Stuyvesant avenues ; running thence easterly along the centre of Lafayette avenue to its inter- section by the centre line of Broadway ; thence southeasterly along the centre of Broadway to the boundary line between the city of Brooklyn and the former town of New Lots ; thence southerly along said boundary line to its intersection by the centre line of Atlantic avenue; thence westerly to the centre of Schenectady avenue ; thence northerly to the centre of Fulton street ; thence easterly to the centre of Stuyvesant avenue ; thence northerly to the place of beginning. Comprises the twenty-fifth ward and part of the twenty-third ward, defined by a line along the center of Stuyve- sant and Schenectady avenues of the city of Brooklyn; 37,981 inhabitants excluding aliens. Seventeenth district. — Beginning at a point formed by the junc- tion of the center lines of Lafayette and Stuyvesant avenues; running thence southerly to the center of Bainbridge street; thence westerly to the center of Sumner avenue; thence northerly to the center of McDonough street; thence westerly to the center of Tompkins avenue; thence southerly to the center of Fulton street; thence westerly to the center of New York avenue; thence southerly to the center of Atlantic avenue; thence westerly to the center of Franklin avenue; thence northerly to the center of Breevoort place; thence easterly to the center of Bedford avenue; thence northerly to the center of Lafayette avenue; thence easterly along the center ot Lafayette ave;iue to the place of beginning. Com- prises the twenty-third ward, election districts one to twenty of the former twenty-third ward, and districts one, part of four, and all of fifth, sixth, seventh, fifteenth, sixteenth, seventeenth and eighteenth of the former twenty-fifth ward of the city of Brooklyn; 37,641 inhabitants excluding aliens. Eighteenth district. — Beginning at a point formed by the junc- tion of Franklin and Atlantic avenues; running thence easterly along the center of Atlantic avenue, to the center of New York 34S Political Divisions of States, Counties and Towns. »venue; thence northerly to the center of Fulton street; thence easterly to the center of Tompkins avenue; thence northerly to the center of McDonough street; thence easterly to the center of Sumner avenue; thence southerly to the center of Bainbridge street; thence easterly to the center of Stuyvesant avenue; thence southerly to the center of Fulton street; thence westerly to the center of Schenectady avenue; thence southerly to the center of Atlantic avenue; thence easterly to the boundary line between the city of Brooklyn and the former town of New Lots; thence westerly along said boundary line to its point of junction with the boundary line of the former town of Flatbush; thence southerly along said boundary line to its junction with the boundary line of the town of Flatlands; thence northeasterly and again easterly and southerly in all its directions along the boundary line of the town of Flatlands; thence southerly and northerly along the boundary line separating the town of Flatlands and the former town of New Lots, continuing the said line in all its directions along the boundary line of the county of Kings formed by or on the waters of Jamaica bay and Atlantic ocean, to its meeting with the boundary line separating the former towns of Flatbush and Gravesend; thence along said boundary line in all its directions to the boundary line separating the former towns of Flatbush and New Utrecht; thence along said boundary line in all its directions to its junction with the boundary line separating the said former town of Flatbush from the city of Brooklyn; thence along said line in all its directions to its intersection by the center line of Franklin avenue; thence to the place of beginning. Comprises the twenty-fourth and twenty-ninth wards, the town of Flatlands and part of twenty-third ward of the city of Brooklyn; 37,504 inhabitants excluding aliens. Nineteenth district. — Beginning at the center of the intersection of Richardson street and Meeker avenue; running thence in a northeasterly direction along the center of Meeker avenue to the boundary line between the county of Kings and the county of Queens; thence southerly in all its directions along said boundary line to its junction with the center line of Jefferson street; thence westerly to the center of Evergreen avenue; thence southerly to the center of Troutman street; thence northeasterly to the center of Central avenue; thence southeasterly to the center of Cedar street; thence westerly to the center of Bushwick avenue; thence southeasterly to the intersection of the center of Lafayette avenue; 21 Assembly Districts, Kings County. 349 thence westerly to the center of Broadway; thence northwesterly to the center of Flushing avenue; thence easterly to the intersec- tion of Flushing and Bushwick avenues; thence in a northerly, northwesterly, northeasterly, and again northwesterly direction along the center of Bushwick avenue to the center of the intersec- tion of Bushwick avenue and North Second street; thence west- erly along the center of North Second street to Humboldt street; thence northerly along the center of Humboldt street to the center of the intersection of Humboldt and Richardson streets; thence northwesterly along the center of Richardson street to the place of beginning. Comprises the eighteenth ward and parts of the twenty-seventh and twenty-eighth wards of the city of Brooklyn; 39,538 inhabitants excluding aliens. Twentieth district. — Beginning at a point formed by the junction of the center lines of Broadway and Cooper avenue; running thence northeasterly to the center of Evergreen avenue; thence northwesterly to the center of Hancock street; thence northeast- erly to the center of Central avenue; thence northwesterly to the center of Linden street; thence northeasterly to the center of Knickerbocker avenue; thence southeasterly to the center of Put- nam avenue; thence northeasterly to its junction with the bound- ary line of the county of Kings and the county of Queens; thence northerly to the center of Jefferson street; thence southwesterly to the center of Evergreen avenue; thence southeasterly to the center of Troutman street; thence northeasterly to the center of Central avenue; thence southeasterly to the center of Cedar street; thence southwesterly to the center of Bushwick avenue; thence southeasterly to the center of Lafayette avenue; thence southwesterly to the center of Broadway; thence southeasterly to the place of beginning. Comprises part of the twenty-eighth ward and part of the twenty-seventh ward in the city of Brook- lyn; 38,836 inhabitants excluding aliens. Twenty-first district. — Beginning at a point formed by the junc- tion of the center lines of Broadway and Cooper avenue; running thence northeasterly to the center of Evergreen avenue; thence northwesterly to the center of Hancock street; thence north- easterly to the center of Central avenue; thence northwesterly to the center of Linden street; thence northeasterly to the center of Knickerbocker avenue; thence southeasterly to the center of Put- nam avenue; thence along the center line of Putnam avenue to its point of junction with the boundary line between the county of 350 Political Divisions of States, Counties and Towns. Kings and the county of Queens; running thence southeasterly along the said boundary line and again northeasterly along said boundary line, and again southerly along said boundary line, and again along the southerly boundary line of the former town of New Lots to its junction with the boundary line of the town of Flatlands; thence northerly, westerly and again northerly and westerly, and southwesterly, and again northerly to the junction of said boundary line with the boundary line of the former town of Flatbush; thence northeasterly along said boundary line to its intersection by the center line of Broadway; thence northwesterly along the center line of Broadway to the place of beginning. Comprises the twenty-sixth ward and part of twenty-eighth ward of the city of Brooklyn; 38,738 inhabitants excluding aliens. Lewis County — One District. Livingston County — One District. Madison County — One District. Monroe County. First district. — Towns of Brighton, Henrietta, Irondequoit, Mendon, Penfield, Perinton, Pittsford, Rush, Webster and six- teenth, seventeenth and eighteenth wards of the city of Rochester; 44,583 inhabitants excluding aliens. Second district. — The fourth, sixth, seventh, eighth, twelfth, thirteenth and fourteenth wards of the city of Rochester; 45,414 inhabitants excluding aliens. Third district. — The first, second, third, fifth, ninth, tenth and eleventh wards of the city of Rochester; 44,733 inhabitants exclud- ing aliens. Fourth district. — Towns of Chili, Clarkson, Gates, Greece, Ham- lin, Ogden, Parma, Riga, Sweden and Wheatland and the fifteenth, nineteenth and twentieth wards of the city of Rochester; 45,730 inhabitants excluding aliens. Montgomery County — One District, New York County. First district. — That portion of the tenth senate district within and bounded by a line beginning at the Hudson or North river and Canal street; running thence along Canal street to Hudson street, to Dominick street, to Varick street, to Broome street, to Sullivan street, to Spring street, to Broadway, to Fulton street, to Assembly Districts, New York County. 351 William street, to Wall street, to Broadway, to Whitehall street, to the East river and East and Hudson or North river, to the place of beginning, and also Governor's and Bedloe's island; also Ellis island; 39,740 inhabitants, excluding aliens. Second district. — That portion of the tenth senate district within and bounded by a line beginning at the East river and Whitehall street; running thence along Whitehall street to Broadway, to Wall street, to William street, to Fulton street, to Broadway, to Canal street, to the Bowery, to Division street, to Market street, to Monroe street, to Catharine street, to the East river, to the place of beginning; 39,785 inhabitants, excluding aliens. Third district. — That portion of the thirteenth senate district within and bounded by a line beginning at the intersection of Broadway and West Third street and running along West Third street to Sixth avenue, to Cornelia street, to Bleecker street, to Grove street, to Hudson street, to Barrow street, to Hudson or North river, to Canal street, to Hudson street, to Dominick street, to Varick street, to Broome street, to Sullivan street, to Spring street, to Broadway and to the place of beginning. Citi- zen population, 38,333. (Thus reapportioned by order of court, September 30, 1895.) Fourth district. — That portion of the tenth senate district within and bounded by a line beginning at the East river and Catharine street, and running thence along Catharine street to Monroe street, to Market street, to Division street, to Grand street, to Jackson street, to the East river, to the place of begin- ning; 40,427 inhabitants, excluding aliens. Fifth district. — That portion of the thirteenth senate district within and bounded bv a line beginning at the intersection of Third avenue and East Fourteenth street, and running along East Fourteenth street to Sixth avenue, to Fifteenth street, to .Seventh avenue, to Thirteenth street, to Horatio street, to Eighth avenue, to Hudson street, to Grove street, to Bleecker street, to Cornelia street, to Sixth avenue, to West Third street, to Broad- way, to West Fourth street, to East Fourth street, to Third avenue, to the place of beginning. Citizen population, 38.246. (Thus reapportioned by order of court, September 30, 1895.) Sixth district. — That portion of the eleventh senate district within and bounded by a line beginning at Canal street and Broadway, and running thence along Broadway to East Fourth street, to the Bowery, to Third avenue, to St. Mark's place or Eighth street, to Second avenue, to Second street, to First ave- nue, to Houston street, to Eldridge street, to Stanton street, to Chrystie street, to Division street, to the Bowery, to Canal street, to the place of beginning; 34,410 inhabitants, excluding aliens. 352 Political Divisions of States, Counties and Towns. Src'cnih district. — That portion of the thirteenth senate district within and bounded by a Hne beginning at the intersection of Seventh avenue and West Nineteenth street, and running thence along Seventh avenue to West Thirteenth street, to Horatio street, to Eighth avenue to Hudson street, to Barrow street, to the Hudson or North river, to West Twentieth street, to Eighth avenue, to West Nineteenth street, to the place of beginning. Citizen population, 38.881. (Thus reapportioned by order of court, September 30, 1895.) Eighth district. — That portion of the eleventh senate district within and bounded by a line beginning at Division and Chrystie streets, and running thence along Chrystie street to Stanton street, to Eldridge street, to Houston street, to Ludlow street, to Broome street, to Norfolk street, to Division street, to the place of begin- ning; 38,781 inhabitants excluding aliens. Ninth district. — That portion of the sixteenth senate district within and bounded by a line beginning at the Hudson or North river and West Twentieth street, and running thence along West Twentieth street to Eighth avenue, to West Nineteenth street, to Seventh avenue, to West Thirtieth street, to the Hudson or North river; 39,495 inhabitants excluding aliens. Tenth district. — That portion of the eleventh senate district within and bounded by a line beginning at Second street and Second avenue, and running thence along Second avenue to St. Mark's place or Eighth street to Avenue A, to Seventh street, to Avenue B, to Clinton street, to Rivington street, to Norfolk street, to Broome street, to Ludlow street, to Houston street, to First avenue, to Second street, to the place of beginning; 39,108 inhab- itants excluding aliens. Eleventh district. — That portion of the sixteenth senate district within and bounded by a line beginning at Seventh avenue and West Thirteenth street, and running thence along Seventh avenue to West Thirty-seventh street, to Eighth avenue, to West Thirty- eighth street, to Tenth avenue, to West Thirty-sixth street, to Hudson or North river, to West Thirtieth street, to the place of beginning; 39,868 inhabitants excluding aliens. Twelfth district. — That portion of the twelfth senate district within and bounded by a line beginning at the East river and Jackson street, and running thence along Jackson street to Grand street, to Division street, to Norfolk street, to Rivington street, to Cannon street, to Stanton street, to the East river, to the place of beginning; 41,871 inhabitants excluding aliens. Assembly Districts, New York County. 353 Thirteenth district. — That portion of the sixteenth senate district within and bounded by a line beginning at the Hudson or North river and West Thirty-sixth streets, and running thence along West Thirty-sixth street to Tenth avenue, to West Thirty-eighth street, to Eighth avenue, to West Thirty-seventh street, to Seventh avenue, to West Fortieth street, to Eighth avenue, to West Forty- third street, to Tenth avenue, to West Forty-sixth street, to the Hudson or North river, to the place of beginning; 39,554 inhabit- ants excluding aliens. Fourteenth district. — That portion of the twelfth senate district within and bounded by a line beginning at the East river and East Eleventh street, and running thence along East Eleventh street to Avenue C, to Seventh street, to Avenue A, to St. Mark's place or Eighth street, to Third avenue, to Fourteenth street, to the East river, to the place of beginning ; 40,697 inhabitants excluding aliens. Fifteenth district. — That portion of the seventeenth senate dis- trict within and bounded by a line beginning at the Hudson or North river and West Forty-sixth street, and running thence along West Forty-sixth street to Tenth avenue, to West Forty-third street, to Eighth avenue, to West Fifty-third street, to Ninth ave- nue, to West Fiftieth street, to Tenth avenue, to West Forty-ninth street, to the Hudson or North river, to the place of beginning ; 39,217 inhabitants excluding aliens. Sixteenth district. — That portion of the twelfth senate district within and bounded by a line beginning at the East river and Stanton street, and running thence along Stanton street to Cannon street, to Rivington street, to Clinton street, to Avenue B, to Seventh street, to Avenue C, to East Eleventh street, to the East river, to the place of beginning ; 41,264 inhabitants exclud- ing aliens. Seventeenth district. — That portion of the seventeenth senate dis- trict within and bounded by a line beginning at the Hudson or North river and West Forty-ninth street, and running thence along West Forty-ninth street to Tenth avenue, to West Fiftieth street, to Ninth avenue, to West Fifty-third street, to Eighth avenue, to West Sixty-first street, to Ninth or Columbus avenue, to West Six- tieth street, to the Hudson or North river, to the place of begin- ning ; 39,086 inhabitants excluding aliens. Eighteenth district. — That portion of the fourteenth senate dis- trict within and bounded by a line beginning at the East river 354 Political Divisions of States, Counties and Towns. and East Fourteenth street, and running thence along East Four- teenth street to Irving place, to East Nineteenth street, to Third avenue, to East Twenty-third street, to Second avenue, to East Twenty-fifth street, to First avenue, to East Twenty-sixth street, to the East river, to the place of beginning; 40,051 inhabitants excluding aliens. Nineteenth district. — That portion of the seventeenth senate dis- trict within and bounded by a line beginning at the Hudson or North river and West Sixtieth street, and running thence along West Sixtieth street to Ninth or Columbus avenue, to West Sixty- first street, to Eighth avenue, to West Eighty-first street, to Ninth or Columbus avenue, to West Eighty-sixth street, to Tenth or Amsterdam avenue, to West Eighty-ninth street, to the Hudson or North river, to the place of beginning; 39,120 inhabitants excluding aliens. Twentieth district. — That portion of the fourteenth senate dis- trict within and bounded by a line beginning at the East river and East Twenty-sixth street, and running thence along East Twenty-sixth street to First avenue, to East Twenty-fifth street, to Second avenue, to East Twenty-third street, to Lexington ave- nue, to East Thirty-ninth street, to Third avenue, to East Thirty- seventh street, to Second avenue, to East Thirty-eighth street, to the East river, to the place of beginning; 40,242 inhabitants excluding aliens. Twenty-first district. — That portion of the nineteenth senate district within and bounded by a line beginning at the Hudson or North river and West Eighty-ninth street, and running thence along West Eighty-ninth street to Tenth or Amsterdam avenue, to West Eighty-sixth street, to Ninth or Columbus avenue, to West Eighty-first street, to Eighth avenue, to Ninety-seventh street and the transverse road across Central Park at Ninety-seventh street, to Fifth avenue, to West One Hundred and Tenth street, to Seventh avenue, to West One Hundred and Twentieth street, to Western boulevard, to West One Hundred and Nineteenth street, to the Hudson or North river, to the place of beginning; 39,721 inhabitants excluding aliens. Twenty-second district. — That portion of the fourteenth senate district within and bounded by a line beginning at the East river and East Thirty-eighth street, and running thence along East Thirty-eighth street to Second avenue, to East Thirty-seventh Assembly Districts, New York County. 355 street, to Third avenue, to East Thirty-ninth street, to Lexington avenue, to East Fifty-third street, to Third avenue, to East Fifty- second street, to the East river, to the place of beginning; 39,514 inhabitants excluding aliens. Twenty-third district. — That portion of the nineteenth senate district within and bounded by a line beginning at the Hudson or North river and West One Hundred and Nineteenth street, and running thence along the Hudson or North river and Spuyten Duyvil creek around the northern end of Manhattan island ; thence southerly along the Harlem river to the north end of Fifth avenue ; thence along Fifth avenue to West One Hundred and Thirty-fourth street, to Eighth avenue, to West One Hundred and Twentieth street, to Western boulevard, to West One Hundred and Nineteenth street, to the place of beginning; 39,114 inhabit- ants excluding aliens. Twenty-fourth district. — That portion of the eighteenth senate district within and bounded by a line beginning at the East river and East Fifty-second street, and running thence along East Fifty- second street to Third avenue, to East Fifty-third street, to Lex- ington avenue, to East Sixty-fourth street, to Third avenue, to East Sixty-fifth street, to the East river, to the place of beginning., and also Blackwell's island; 39,463 inhabitants excluding aliens. Twenty-fifth district. — That portion of the fifteenth senate dis- trict within and bounded by a line beginning at West Fifteenth street and Seventh avenue, and running thence along Seventh avenue to West Thirty-sixth street, to Lexington avenue, to East Twenty-third street, to Third avenue, to East Nineteenth street, to Irving place, to East Fourteenth street, to Sixth avenue, to West Fourteenth street, to the place of beginning; 39,932 inhabitants excluding aliens. Twenty-sixth district. — That portion of the eighteenth senate dis- trict within and bounded by a line beginning at the East river and East Sixty-fifth street, and running thence along East Sixty-fifth street to Third avenue, to East Sixty-fourth street, to Lexington avenue, to East Seventy-fifth street, to Third avenue, to East Seventy-sixth street, to the East river, to the place of beginning; 39,383 inhabitants excluding aliens. Twenty-seventh district. — That portion of the fifteenth senate dis- trict within and bounded by a line beginning at West Thirty-sixth street and Seventh avenue, and running thence along Seventh avenue to West Fortieth street, to Eighth avenue, to West Fifty- 356 Political Divisions of States, Counties and Towns. third street, to Fifth avenue, to East Fifty-fourth street, to Lexing- ton avenue, to East Thirty-sixth street, to West Thirty-sixth street, to the place of beginning ; 40,258 inhabitants excluding aliens. Twenty-eighth district. — That portion of the eighteenth senate- district within and bounded by a line beginning at the East river and East Seventy-sixth street, and running thence along East Seventy-sixth street to Third avenue, to East Seventy-fifth street, to Lexington avenue, to East Eighty-fourth street, to Second avenue, to East Eighty-third street, to the East river, to the place of beginning; 39,727 inhabitants excluding aliens. Twenty-ninth district. — That portion of the fifteenth senate dis- trict within and bounded by a line beginning at East Fifty-fourth street and Lexington avenue, and running thence along Lexing-. ton avenue to East Ninety-sixth street, to Fifth avenue, to East Ninety-seventh street and the transverse road across Central park at Ninety-seventh street, to Eighth avenue, to West Fifty-third street, to Fifth avenue, to East Fifty-fourth street, to the place of beginning; 39,738 inhabitants excluding aliens. Thirtieth district. — That portion of the twentieth senate district within and bounded by a line beginning at the East river and East Eighty-third street, and running thence along East Eighty- third street to Second avenue, to East Eighty-fourth street, to Lexington avenue, to East Ninety-second street, to Third avenue, to East Ninety-fourth street, to the East river, to the place of beginning; 39,494 inhabitants excluding aliens. Thirty-first district. — That portion of the nineteenth senate dis- trict within and bounded by a line beginning at West One Hun- dred and Tenth street and Seventh avenue, and running thence along Seventh avenue to West One Hundred and Twentieth street, to Eighth avenue, to West One Hundred and Thirty-fourth street, to Fifth avenue, to East One Hundred and Twenty-ninth street, to Fourth or Park avenue, to East One Hundred and Tenth street, to West One Hundred and Tenth street, to the place of beginning; 39,142 inhabitants excluding aliens. Thirty-second district. — That portion of the twentieth senate district within and bounded by a line beginning at the East river and East Ninety-fourth street, and running thence along East Ninety-fourth street to Third avenue, to East Ninety-second street, to Lexington avenue, to East Ninety-sixth street, to Fifth avenue, to East One Hundred and Tenth street, to Madison ave- nue, to East One Hundred and Eighth street, to the Harlem river,. Assembly Distkicks, Oneida County. 357 to the place of beginning, and also Ward's island; 39,384 inhabit- ants excluding aliens. Thirty-third district. — That portion of the twentieth senate dis- trict within and bounded by a line beginning at the Harlem river and East One Hundred and Eighth street, and running thence along East One Hundred and Eighth street to Madison avenue, to East One Hundred and Tenth street, to Fourth or Park ave- nue, to East One Hundred and Nineteenth street, to the Harlem river, to the place of beginning, and also Randall's island; 38,751 inhabitants excluding aliens. Thirty-fourth district. — That portion of the twenty-first senate district within and bounded by a line beginning at the Harlem river and East One Hundred and Nineteenth street, and running thence along East One Hundred and Nineteenth street to Fourth or Park avenue, to East One Hundred and Twenty-ninth street, to Fifth avenue, to the Harlem river, to the place of beginning, together with that portion of the twenty-third ward of the city of New York within and bounded by a line beginning at the Harlem river and East One Hundred and Forty-ninth street, and running thence along East One Hundred and Forty-ninth street to Rail- road avenue, to East One Hundred and Forty-sixth street, to Third avenue, to East One Hundred and Forty-ninth street, to Bungay street, to the East river or Long Island sound, to Bronx Kill, to Harlem river, to the place of beginning, and also North Brothers' island ; 51,322 inhabitants excluding aliens. Thirty-fifth district. — That portion of the twenty-third and twenty-fourth wards of the city and county of New York lying within the twenty-first senate district, not hereinbefore bounded and described ; 50,642 inhabitants excluding aliens. Niagara County. First district. — City of Lockport and towns of Lockport, Cam- bria, Pendleton, Royalton and Wheatfield ; 34,247 inhabitants excluding aliens. Second district. — City of Niagara Falls, and towns of Niagara, Lewiston, Porter, Wilson, Newfane, Somerset and Hartland ; 24,892 inhabitants excluding aliens. Oneida County. First district. — Town and city of Utica ; 42,820 inhabitants, excluding aliens. 358 Political Divisions of States, Counties and Towns. Second district. — Towns of Augusta, Bridgewater, Kirkland, Marshall, New Hartford, Paris, Sangerfield, Vernon, Verona, Westmoreland and Whitestone ; 34,158 inhabitants excluding aliens. Third district. — Towns of Annsville, Ava, Boonville, Camden, Deerfield, Florence, Floyd, Forestport, Lee, Marcy, Remsen, town and city of Rome, Steuben, Trenton, Vienna and Western; 40,056 inhabitants excluding aliens. Onondaga County. First district. — Towns of Clay, Lysander, Van Buren, Elbridge, Camillus, Geddes, Skaneateles, Marcellus, Onondaga, Otisco, Spafford, Tully and La Fayette ; 36,002 inhabitants excluding aliens. Secofid district. — Towns of Cicero, Salina, De Witt, Manlius, Pompey and Fabius and the first, second and sixteenth wards of the city of Syracuse ; 35,602 inhabitants excluding aliens. Third district. — The third, fourth, seventh, eighth, twelfth, fourteenth and fifteenth wards of the city of Syracuse; 24,829 inhabitants excluding aliens. Fourth district. — The fifth, sixth, ninth, tenth, eleventh, thir- teenth, seventeenth, eighteenth and nineteenth wards of the city of Syracuse ; 35,291 inhabitants excluding aliens. Ontario County — One District, Orange County. First district. — City of Newburgh, Cornwall, New Windsor, Highlands, Montgomery, Monroe, Blooming Grove, Crawford and Hamptonburg ; 47,082 inhabitants excluding aliens. Second district. — City of Middletown, towns of Deerpark, Green- ville, Mount Hope, Waywayanda, Minisink, Goshen, Wallkill, Chester, Warwick, Woodbury and Tuxedo; 46,109 inhabitants excluding aliens. Orleans County — One District. Oswego County. First district. — First, third, fifth and seventh wards of the city of Oswego, towns of Oswego, Hannibal, Granby, Volney, Schroep- pel, Palermo, Hastings and West Monroe; 35,440 inhabitants excluding aliens. Assembly Districts, St. Lawrence County. 359 Second district. — Second, fourth, sixth and eighth wards of the city of Oswego, towns of Scriba, New Haven, Mexico, Richland, Sandy Creek, Boylston, Redfield, Orwell, Albion, Williamstown, Parish, Amboy and Constantia; 34,583 inhabitants excluding aliens. Otsego County — One District. Putnam County — One District. Queens County. First district. — City of Long Island City and town of Newtown; 46,195 inhabitants excluding aliens. Second district. — Towns of Flushing and Jamaica; 34,030 inhab- itants excluding aliens. Third district. — Towns of Hempstead, Oyster Bay and North Hempstead; 43,590 inhabitants excluding aliens. Rensselaer County. "First district. — Towns of Lansingburgh, Schaghticoke, Pitts- town and Hoosick, and the tenth and thirteenth wards of the city of Troy; 38,610 inhabitants excluding aliens. Second district. — The first, second, third, fourth, sixth, seventh, eighth, ninth, eleventh and twelfth wards of the city of Troy; 41,903 inhabitants excluding aliens. Third district. — Towns of Berlin, Brunswick, Grafton, Peters- burgh, Poestenkill, Sandlake, Stephentown, Nassau, North Green- bush, East Greenbush, Greenbush, Schodack, and the fifth ward of the city of Troy; 39,810 inhabitants excluding aliens. Richmond County — One District. Rockland County — One District. St. Lawrence County. First district. — Town of Oswegatchie, including the city of Ogdensburg, and the four wards thereof, and the towns of Waddington, Madrid, Lisbon, DePeyster, DeKalb, Morristown, Macomb, Hammond, Rossie, Gouverneur, Fowler, Edwards, Pit- cairn and Fine; 40,682 inhabitants excluding aliens. Second district. — Towns of Canton, Potsdam, Stockholm, Norfolk, Louisville, Massena, Brasher, Lawrence, Parishville, Hopkinton, 360 Political Divisions of States, Counties and Towns. Colton, Clifton, Clare, Pierrepont, Russell and Herman; 39,996 inhabitants excluding aliens. Saratoga County — One District. Schenectady County — One District. Schoharie County — One District. Schuyler County — One District. Seneca County — One District. Steuben County. First district. — Towns of Addison, Bath, Bradford, Campbell, Caton, Corning, Erwin, Hornby, Lindley, Prattsburgh, Pultney, Thurston, Tuscarora, Urbana, Wayne and Wheeler, and the city of Corning; 40,157 inhabitants excluding aliens. Second district. — Towns of Avoca, Cameron, Canisteo, Dansville, Fremont, Greenwood, Hartsville, Cohocton, Hornellsville, Howard, Jasper, Rathbone, Troupsburgh, Wayland, West Union and Wood- hull, and the city of Hornellsville; 41,208 inhabitants excluding aliens. Suffolk County. First district. — Towns of Brookhaven, Easthampton, Riyerhead, Shelter Island, Southold and Southampton. Second district. — Towns of Babylon, Islip, Huntington and Smithtown. Sullivan County — One District. Tioga County — One District. Tompkins County — One District. Ulster County. First district. — City of Kingston, towns of Kingston, Hurley, Saugerties, Shandaken, Ulster and Woodstock; 42,609 inhabitants excluding aliens. Second district. — Towns of Denning, Esopus, Gardiner, Harden- burgh, Lloyd, Marbletown, Marlborough, New Paltz, Olive, Platte- kill, Rochester, Rosendale, Shawangunk and Wawarsing; 44,911 inhabitants excluding aliens. Warren County — One District. Washington County — One District. Wayne County — One District. Congressional Districts. 361 Westchester County. First district. — Towns of Yonkers, Mount Vernon, Eastches- ter; 41,864 inhabitants, excluding aliens. (Reapportioned by supervisors, by order of court, October 7, 1895.) Second district. — Towns of Greenburirh, Mamaroneck, New Rochelle, Pelham, Rye, Westchester, White Plains, Sca'rsdale, Harrison; 45.792 inhabitants, excluding- aliens. (Reapportioned by supervisors, by order of court, October 7, 1895^) Third district. — Towns of Bedford, Cortland, Lewisboro, New Castle, North Salem, Ossining-, Poundridge, Soniers, Yorktown, Mount Pleasant, North Castle; 40.701 inhabitants, excluding aliens. (Reanportioned by supervisors, by order of court, October 7, 1895.) Wyoming County — One District. Yates County — One District. CONGRESSIONAL DISTRICTS OF THE STATE OF NEW YORK. [As Established by Chap. 591, Laws of 1901.*] First district. — The counties of Suffolk, Nassau and the third, fourth and fifth wards of the borough of Queens, county of Queens, shall compose the first district. Second district. — The fourteenth, fifteenth, sixteenth, seven- teenth and eighteenth wards of the borough of Brooklyn in the county of Kings and also that portion of the twenty-seventh ward bounded on the north by the line dividing Kings and Queens counties from Flushing avenue to Jefferson street, Jefiferson street south to Evergreen avenue, west to Noll street, south to Bushwick avenue, east to Arion place, south to Broadway, west to Flushing avenue, and north to point of beginning, shall compose the second district. Third district. — The thirteenth, nineteenth and twenty-first wards of the borough of Brooklyn in the county of Kings and also that portion of the twenty-seventh ward bounded on the north by the line dividing Kings and Queens counties from Jefferson street to Stockholm street, south to Bushwick avenue, east to Kosciusko street, south to Broadway, west to Arion place, north to Bushwick avenue, west to Noll street, north to Evergreen ave- nue, east to Jefferson street, and north to point of beginning; and also that part of the twenty-third ward bounded on the north by Lafayette avenue, from Bedford avenue to Stuyvesant avenue, •The words "assembly district," and the word "ward" or "wards" when used in this act, are understood to refer to the assembly districts of the wards as constituted at the time of the passag;e of chapter sgi, Laws of 1901. 362 Political Divisions of States, Counties and Towns. south to Bainbridge street, west to Sumner avenue, north to McDonough street, west to Tompkins avenue, south to Fulton street, west to New York avenue, south to Atlantic avenue, west to Franklin avenue, north to Brevoort place, east to Bedford avenue and north to point of beginning, shall compose the third district. Fourth district.— The twenty-sixth, twenty-eighth, thirty-first and thirty-second wards of the borough of Brooklyn in the county of Kings and also that portion of the twenty-fifth ward bounded on the north by Broadway, from Howard avenue to boundary line of the twenty-sixth ward, south to Atlantic avenue, west to Howard avenue, north to Fulton street, west to Howard avenue and north to point of beginning, shall compose the fourth district. Fifth district. — The eighth, twenty-fourth, twenty-ninth and thirtieth wards of the borough of Brooklyn in the county of Kings and also that portion of the twenty-third ward bounded on the north by Lafayette avenue, from Stuyvesant avenue east to Reid avenue, south to Fulton street, west to Utica avenue, south to Atlantic avenue, west to New York avenue, north to Fulton street, east to Tompkins avenue, north to McDonough street, east to Sumner avenue, south to Bainbridge street, east to Stuyvesant avenue and north to the point of beginning; and also that portion of the twenty-fifth ward bounded on the north by Lafayette ave- nue, from Reid avenue east to Broadway, southeast to Howard avenue, south to Fulton street, east to Howard avenue, south to Atlantic avenue, west to Utica avenue, north to Fulton street, east to Reid avenue and north to the point of beginning, shall compose the fifth district. Sixth district. — The seventh, ninth, twentieth and twenty- second wards of the borough of Brooklyn in the county of Kings and also that portion of the eleventh ward bounded on the north by Johnson street, from Bridge street east to Hudson avenue, south to Myrtle avenue, east to Navy street, south to Bolivar street, west to Hudson avenue, south to Willoughby street, east to Navy street, south to DeKalb avenue, east to South Portland avenue, south to Atlantic avenue, west to Flatbush avenue, north- west to Fulton street, west to Bridge street and north to point of beginning, shall compose the sixth district. Seimith district. — The first, second, third, fourth, fifth, sixth, tenth and twelfth wards of the borough of Brooklyn in the county of Kings and also that portion of the eleventh ward bounded on the north by Flushing avenue, from Navy street east to North Portland avenue, across Fort Greene park to DeKalb avenue, opposite South Portland avenue, west to Navy street, north to Willoughby street, west to Hudson avenue, north to Bolivar street, east to Navy street, north to Myrtle avenue, west to Hud- Congressional Districts. 362a son avenue, north to Johnson street, east to Navy street and north to point of beginning, shall compose the seventh district. Eighth district.— Richmond county, the first assembly district of the county of New York, that portion of the second assembly district of the county of New York, bounded on the north by Canal street from Broadway to the Bowery ; on the south by the East river; on the east by the Bowery from Canal street to Chatham square, to Catherine street, to the East river; on the west by Whitehall street from the East river to Broadway, to Wall street, to William street, to Fulton street, to Broadway.^ to Canal street; the third assembly district of the county of New York; that portion of the fourth assembly district of the county of New York, bounded on the north by Monroe street from Cath- erine street to Mechanic alley, on the south by the East river, on the east by Mechanic alley from Monroe street to Cherry street to Market slip, to the East river; on the west by Catherine street from the East river to Monroe street; and the sixth as- sembly district of the county of New York, shall compose the eighth district. The boundaries of said eighth district are as fol- lows: Staten island, known as Richmond county and that portion of New York county, bounded as follows: Beginning at Battery place and North river, north to West street, north to Barrow street and Hudson river, east to Hudson street, north to Grove street, northeast to Bleecker street, southeast to Cornelia street, northeast to Sixth avenue, south to West Third street, east to Broadway, north to East Fourth street, east to the Bowery, north to Third avenue, to Saint Mark's place, east to Second avenue, south to Second street, east to First avenue, south to East Hous- ton street, west to Eldridge street, south to Stanton street, west to Chry-stie street, south to Division street, west to northeast corner of Division street and Bowery, to the northeast corner of Chatham square and Catherine street, southeasterly to Monroe street, east to Mechanic alley, and south to Cherry street, west to Market slip, south to the East river, to the point or place of beginning. Ninth district. — That portion of the second assembly district of the county of New York, bounded on the north by Division street from Catherine street to Market street ; on the south by Monroe street from Catherine street to Market street ; on the east by Market street from Division street to Monroe street; on the west by Catherine street from Division street to Monroe street ; that portion of the fourth assembly district of the county of New York, bounded on the north by Division street from Market street to Montgomery street ; on the south by the East river, from Market slip to Clinton street ; on the east by Mont- gomery street from Division street to Henry street, to the southwest corner of Henry street and Montgomery street, run- ning diagonally through the middle of said block, to the north- 362b Political Divisions of States, Counties and Towns.' east corner of ]\Iadisoii street and Clinton street, south to Clin- ton street and the East river, on the west by Market street from Division street to Monroe street, east to Mechanic alley west to Market slip and south to the East river ; that portion of the eig-hth assembly district of the county of New York bounded as follows: on the north by Stanton street from Chrystie street to Ludlow street; on the south by Division street from Chrystie street to Norfolk street ; on the east by Ludlow street from Stanton street to Broome street, east to Norfolk street, Norfolk street from Broome street to Division street; on the west by Chrystie street from Stanton street to Division street; that portion of the tenth assembly district of the county of New York, bounded on the north by Stanton street, from Lud- low street to Clinton street ; on the south by Broome street from Ludlow street to Norfolk street, north to Rivin^on street, east to Clinton street, on the east by Clinton street, from Stan- ton street to Rivington street, west to Norfolk street, south to Broome street ; on the west by Ludlow street from Stanton street to Broome street ; that portion of the twelfth assembly district of the county of New York, bounded on the north by Rivington street, from Norfolk street to Cannon street, on the south by Division street, from Norfolk street to Pitt street, north to Grand street, east to Sheriff street, north to Broome street, east to Cannon street ; on the east by Cannon street, from Rivington street to Broome street ; on the west by Norfolk street, from Rivington street to Division street; that portion of the sixteenth assembly district of the county of New York, bounded on the north by Stanton street, from Clinton street to Cannon street ; on the south by Rivington street, from Clinton street to Cannon street ; on the east by Cannon street, from Stanton street to Rivington street ; on the west by Chnton street, from Stanton street to Rivington street, shall compose the ninth district. The boundaries of said ninth district are as follows : Beginning at the East river and Market slip, north to Cherry street, east to Mechanic alley, north to Monroe street, west to Catherine street, north to Division street, east to Chrystie street, north to Stanton street, east to Cannon street, south to Broome street, west to Sheriff street, south to Grand street, west to Pitt street, south to Division street, to Mont- gomery street, south to southwest corner of Henry and Mont- gomery street, diagonally through the middle of said block to the northeast corner of Madison street and Clinton street, south to South street at East river, thence along the East river to the point or place of beginning. (Amended by chap. 298, L. 1902.) Tenth district. — That portion of the fourth assembly district of the county of New York, bounded on the north by Division street from Montgomery street to Scamel street, east to Grand street, to Jackson street; on the south by the East river from Congressional Districts. 362c. Clinton street to Montgomery street, south to the East river, the East river to Jackson sHp; east by Jackson street and Jackson slip, from Grand street to the East river; on the west, by Mont- gomery street from Division street to the northeast corner of Henry street and Montgomery street, diagonally through the middle of said block to the southwest corner of Clinton street and Madison street, south to Clinton street and the East river; that portion of the eighth assembly district of the county of New York, bounded on the north by East Houston street, from Eldridge street to Ludlow street; on the south by Stanton street from Eldridge street to Ludlow street; on the east by Ludlow street from East Houston street to Stanton street; on the west by Eldridge street from East Houston street to Stanton street; that portion of the tenth assembly district of the county of New York, bounded on the north by Saint Mark's place from Second avenue to Avenue A, south to Seventh street, east to Avenue B; on the south by Second street, from Second avenue, to First avenue, south to East Houston street, east to Ludlow street, south to Stanton street, east to Clinton street; on the east by Avenue A from Saint Mark's place to Seventh street, east to Avenue B, south to Clinton street, south to Stanton street; on the west by Second avenue from Saint Mark's place to Second street, east to First avenue, south to East Houston street, east to Ludlow street, south to Stanton street; that portion of the twelfth assembly dis- trict of the county of New York, bounded on the north by Stanton street from Cannon street to the East river; on the south by the East river, from Jackson street to East street and the East river; on the east by East street or the East river from Stanton street to East street or the East river; on the west by Cannon street from Stanton street to Broome street, west to Sheriff street, south to Grand street, east to Jackson street, south to the East river; the fourteenth assembly district of the covmty of New York; that portion of the sixteenth assembly district of the county of New York, bounded on the north by East Eleventh street, from Avenue C, to the East river; on the south by Stanton street from Clinton street to the East river; on the east by the East river from East Eleventh street to Stanton street; on the west by Clinton street from Stanton street to East Houston street, north by Avenue B to East Houston street, to Seventh street, east to Avenue C, north to East Eleventh street, shall compose the tenth district. The boundaries of the said tenth district are as follows: Begin- ning at East Fourteenth street and the East river, west to Third avenue, south to Saint Mark's place, east to Second avenue, south to Second street, east to First avenue, south to East Houston street, west to Eldridge street, south to Stanton street, east to Cannon street, south to Broome street, west to Sheriff street, south to Grand street, west on the south side of Grand street to 362d Political Divisions of States, Counties and Towns. Pitt street, south to Division street, west to Montgomery street, to northeast corner of Henry street and Montgomery street, diag- onally through said block to the southwest corner of Madison street and Clinton street, south to the East river, thence along the East river to the point or place of beginning. Eh-i'cnth district. — That portion of the fifth assembly district bounded on the north by Christopher street from West Fourth street to Sixth avenue, to Ninth street, to Fifth avenue, to East Tenth street, to University place, to East Fourteenth street, to Third avenue; on the south by Grove street from Hudson street, to Bleecker street, to Cornelia street, to Sixth avenue, to West Third street, to Broadway, to East Fourth street, to Third ave- nue ; on the east by Third avenue from East Fourth street to East Fourteenth street; on the west by Hudson street from Grove street to the intersection of Hudson street and Eighth avenue; and that portion of the seventh assembly district of the county of New York bounded on the north by West Twentieth street from the North river to Eighth avenue; on the south by Barrow street from the Hudson river to Hudson street; on the east by Eighth avenue from West Twentieth street to West Fourteenth street, to Hudson street, to Horatio street, to Greenwich street, to West Eleventh street, to Hudson street, to Barrow street; on the west by the Hudson river from West Twentieth street to Barrow street; that portion of the ninth assembly district of the county of New York bounded on the north by West Thirtieth street from the Hudson river to Seventh avenue; on the south by West Twen- tieth street from the Hudson river to Eighth avenue, to West Nineteenth street, to Seventh avenue; on the east by Seventh ave- nue from West Thirtieth street to West Twenty-third street, to Eighth avenue, to West Twenty-first street, to Seventh avenue, to West Nineteenth street; on the west by the Hudson river from West Thirtieth street to West Twentieth street; the eleventh as- sembly district of the county of New York ; the thirteenth assem- bly district of the county of New York; that portion of the fif- teenth assembly district of the county of New York bounded on the north by West Forty-ninth street from the Hudson river to Tenth avenue, to West Fiftieth street, to Ninth avenue; on the south by West Forty-sixth street from the Hudson river to Tenth avenue, to West Forty-third street, to Ninth avenue; on the east by Ninth avenue from West Fiftieth street to West Forty-third street; on the west by the Hudson river from West Forty-ninth street to West Forty-sixth street; and that portion of the seven- teenth assembly district of the county of New York bounded on the north by west Sixtieth street from the Hudson river to Colum- bus avenue; on the south by West Forty-ninth street from the Hudson river to Tenth avenue, to West Fiftieth street, to Ninth avenue; on the east by Columbus avenue from West Sixtieth Congressional Districts. 3620 street to West Fifty-ninth street, and by Ninth avenue from West Fifty-ninth street to West Fiftieth street; on the west by the Hudson river from West Sixtieth street to West Forty-ninth street, shall compose the eleventh district. The boundaries cf the said eleventh district are as follows: beginning at Hudson river and Barrow street east, to Hudson street, north to Grove street, easterly to Bleecker street, easterly on Bleecker street, to Cornelia street, easterly on Cornelia street, to Sixth avenue, south to West Third street, east to Broadway, north to East Fourth street, east to Third avenue, north to East Fourteenth street, west to University place, south to East Tenth street, west to Fifth avenue, south to West Ninth street, west to Christopher street, westerly to West Fourth street, northerly to Eighth avenue, to Hudson street, southerly along Hudson street to West Eleventh street, west to Greenwich street, north to Horatio street, east to Hudson street, north to West Fourteenth street, east to Eighth avenue,, north to West Nineteenth street, east to Seventh avenue, north to West Twenty-first street, west to Eighth avenue, north to West Twenty-third street, east to Seventh avenue, north to West Fortieth street, west to Eighth avenue, north to West Forty-third street, west to Ninth avenue, north to West Sixtieth street, west to Hudson river to point of beginning at Hudson river and Barrow street. Twelfth district. — That portion of the eighteenth assembly dis- trict of the county of New York bounded on the north by East Twenty-third street from Third avenue to Second avenue, to East Twenty-fifth street, to First avenue, to East Twenty-sixth street, to the East river; on the south by East Eighteenth street from Third avenue to Second avenue, to East Fourteenth street, to the East river; on the east by the East river from East Twenty-sixth street to East Fourteenth street; on the west by Third avenue from East Eighteenth street to East Twenty-third street; that portion of the twentieth assembly district of the county of New York bounded on the north by East Thirty-eighth street from Second avenue to the East river; on the south by East Twenty- third street from Lexington avenue to Second avenue, to East Twenty-fifth street, to First avenue, to East Twenty-sixth street, to the East river; on the east by the East river from East Thirty- eighth street to East Twenty-fifth street; on the west by Second avenue from East Thirty-eighth street to East Twenty-ninth street, to Lexington avenue, to East Twenty-third street; that portion of the twenty-second assembly district of the county of New York bounded on the north by East Fifty-second street from Third avenue to the East river; on the south by East Thirty- ninth street from Lexington avenue to Third avenue, to East Thirty-seventh street, to Second avenue, to East Tliirty-eighth street, to East river; on the east by the East river from East 362f Political Divisions of States, Counties and Towns. Fifty-second street to East Thirty-eighth street; on the west by Third avenue from East Fifty-second street to East Forty-second street, to Lexington avenue, to East Thirty-ninth street ; that por- tion of the twenty-fourth assembly district of the county of New York bounded on the north by East Sixty-fifth street from Third avenue to the East river; on the south by East Fifty-third street from Lexington avenue to Third avenue, to East Fifty-second street, to the East river; on the east by the East river from East Sixty-fifth street to East Fifty-second street, including Black- well's island; on the west by Third avenue, from East Sixty-fifth street to East Fifty-ninth street, to Lexington avenue, to East Fifty-third street; that portion of the Twenty-sixth assembly dis- trict of the county of New York bounded on the north by East Seventy-second street from Lexington avenue to the East river; on the south by East Sixty-fourth street from Lexington avenue to Third avenue, to East Sixty-fifth street, along East Sixty-fifth street to the East river; on the east by the East river from East Seventy-second street to East Sixty-fifth street; on the west by Lexington avenue from East Seventy-second street to East Sixty-fourth street, shall compose the twelfth district. The boun- daries of the said twelfth district are as follows: Beginning at the East river and East Fourteenth street, west to Second avenue^ north to East Eighteenth street, west to Third avenue, north to East Twenty-third street, west to Lexington avenue, north to East Twenty-ninth street, east to Second avenue, north to East Thirty-seventh street, west to Third avenue, north to East Thirty- ninth street, west to Lexington avenue, north to East Forty-sec- ond street, east to Third avenue, north to East Fifty-third street, west to Lexington avenue, north to East Fifty-ninth street, east to Third avenue, north to East Sixty-fourth street, west to Lexing- ton avenue, north to East Seventy-second street, to the East river to point of beginning at the East river and East Fourteenth street, including Blackwell's island. Thirteenth district. — That portion of the fifth assembly district of the county of New York bounded on the north by West Thir- teenth street from Eighth avenue to Seventh avenue, to West Fif- teenth street, to Sixth avenue, to West Fourteenth street, to East Fourteenth street, to University place; on the south by Chris- topher street from West Fourth street to Sixth avenue and West Ninth street from Sixth avenue to Fifth avenue, to East Tenth street, to University place; on the east by University place from East Fourteenth street to East Tenth street; on the west by Eighth avenue from West Thirteenth street to West Fourth street, to Christopher street; that portion of the seventh assembly district of the county of New York bounded on the north by West Fourteenth street from Hudson street to Eighth avenue, to West Nineteenth street, to Seventh avenue; on the south by West Congressional Districts. 362g Eleventh street from Greenwich street to Hudson street, to Eighth avenue, to West Tliirteenth street, to Seventh avenue; on the vi'est 6^ Eighth avenue from West Nineteenth street to West Fourteenth street, to Hudson street, to Horatio street, to Green- wich street, to West Eleventh street; on the east by Seventh ave- nue from West Nineteenth street to West Thirteenth street, that portion of the ninth assembly district of the county of New York bounded on the north by West Twenty-third street from Eighth avenue to Seventh avenue; on the south by West Twenty-first street from Eighth avenue to Seventh avenue; on the east by Seventh avenue from West Twenty-third street to West Twenty- first street ; on the west by Eighth avenue from West Twenty-third street to West Twenty-first street; that portion of the eighteenth assembly district of the county of New York bounded on the north by East Nineteenth street from Irving place to Third ave- nue, to East Eighteenth street, to Second avenue; on the south by East Fourteenth street from Irving place to Second avenue; on the east by Second avenue from East Eighteenth street to East Fourteenth street; on the west by Irving place from East Nine- teenth street to East Fourteenth street; that portion of the twen- tieth assembly district of the county of New York bounded on the north by East Thirty-ninth street from Lexington avenue to Third avenue, to East Thirty-seventh street, to Second avenue; on the south by East Twenty-ninth street from Lexington avenue to Second avenue; on the east by Second avenue from East Thirty- seventh street to East Twenty-ninth street; on the west by Lex- ington avenue from East Thirty-ninth street to East Twenty-ninth street; that portion of the twenty-second assembly district of the county of New York bounded on the north by East Fifty-third street from Lexington avenue to Third avenue; on the south by East Forty-second street from Lexington avenue to Third avenue; on the east by Third avenue from East Fifty-third street to East Forty-second street ; on the west by Lexington avenue from East Fifty-third street to East Forty-second street ; that portion of the twenty-fourth assembly district of the county of New York bounded on the north by East Sixty-fourth street from Lexington avenue to Tliird avenue; on the south by East Fifty-ninth street from Lexington avejiue to Third avenue; on the east by Third avenue from East Sixty-fourth street to East Fifty-ninth street; on the west by Lexington avenue from East Sixty-fourth street. to East Fifty-ninth street; the twenty-fifth assembly district of the county of New York; the twenty-seventh assembly district of the county of New York; and that portion of the twenty-ninth assembly district of the county of New York bounded on the north by a line through Central Park from Central Park West and West Eighty-sixth street to Fifth avenue and Eighty-sixth street, to 362h Political Divisions of States, Counties and Towns. East Ninety-third street, to Park avenue, to- East Eighty-ninth street to Lexington avenue; on the south by West Fifty-third street from Seventh avenue, to Fifth avenue, to East Fifty-fourth street, to Lexington avenue; on the east by Lexington avenue from East Eighty-ninth street to East Fifty-fourth street; on the west by Central Park West from* West Eighty-sixth street to West Fifty-ninth street to Sixth avenue, to West Fifty-fifth street, to Seventh avenue, to West Fifty-third street, shall compose the thir- teenth district. The boundaries of the said thirteenth district are as follows: beginning at the northwest corner of Hudson street and West Eleventh street, north to Eighth avenue, to West Fourth street, south to Christopher street, east to West Ninth street, east to Fifth avenue, north to East Tenth street, east to University place, north to East Fourteenth street, east to Second avenue, north to East Eighteenth street, west to Third avenue, north to East Twenty-third street, west to Lexington avenue, north to East Twenty-ninth street, east to Second avenue, north to East Thirty-seventh street, west to Third avenue, north to East Thirty-ninth street, west to Lexington avenue, north to East Forty-second street, east to Third avenue, north to East Fifty- third street, west to Lexington avenue, north to East Fifty-ninth street, east to Third avenue, north to East Sixty-fourth street, west to Lexington avenue, north to East Eighty-ninth street, west to Park avenue, north to East Ninety-third street, west to Fifth ave- nue, south 'along Fifth avenue to Eighty-sixth street, west across Central Park to West Eighty-sixth street and Central Park West, south to West Fifty-ninth street, east to Sixth avenue, south to West Fifty-fifth street, west to Seventh avenue, south to West Fifty-third street, west to Eighth avenue, south to West Fortieth street, east to Seventh avenue, south to West Twenty- third street. West to Eighth avenue, south to West Twenty-first street, east to Seventh avenue, south to West Nineteenth street, west to Eighth avenue, south to West Fourteenth street, west to Hudson street, south to Horatio street, west to Greenwich street, south to West Eleventh street, east to point of beginning at the northwest corner of West Eleventh street and Hudson street. Fourteenth district. — That portion of the twenty-sixth assembly district of the county of New York bounded on the north by East Seventy-fifth street from Lexington avenue to Third avenue, to East Seventy-sixth street, to the East river; on the south by East Seventy-second street from Lexington avenue to the East river; on the east by the East river from East Seventy-sixth street to East Seventy-second street; on the west by Lexington avenue from East Seventy-fifth street to East Seventy-second street ; the twenty-eighth assembly district of the county of New York; that portion of the thirtieth assembly district of the county of New. ' Congressional Districts. 3621 York bounded on the north by East Eighty-ninth street from Lexington avenue to Third avenue to East Eighty-eighth street, to the East river; on the south by East Eighty-fourth street from Lexington avenue to Second avenue, to East Eighty-third street, to the East river; on the east by the East river from East Eighty- eighth street to East Eighty-third street; on the west by Lexing- ton avenue from East Eighty-ninth street to East Eighty-fourth street; and the first ward of Queens county, known as Long Island City, and the second ward of Queens county, known as the town of Newtown, shall compose the fourteenth district. The bounda- ries of the said fourteenth district are as follows: beginning at the East river and East Seventy-second street, west to Lexington avenue, north to East Eighty-ninth street, east to Third avenue, south to East Eighty-eighth street, east to the East river, to point of beginning at the East river and East Seventy-second street, and that part of Queens county known as the first and second wards of Queens county whose boundaries are as follows: Begin- ning at Newtown creek and the East river to Flushing creek, south to Ward street, Richmond hill, west to Forest park, along the southern boundary of Forest park through Cypress Hill ceme- tery, to the Kings county line, northwest to Newtown creek to point of beginning at Newtown creek and the East river. Fifteenth district: — That portion of the fifteenth assembly dis- trict of the county of New York bounded on the north by West Fifty-third street from Ninth avenue to Eighth avenue; on the south by West Forty-third street from Ninth avenue to Eighth avenue; on the east by Eighth avenue from West Fifty-third street to West Forty-third street; on the west by Ninth avenue from West Fifty-third street to West Forty-third street; that por- tion of the seventeenth assembly district of the county of New York bounded on the north by West Sixty-first street from Columbus avenue to Central Park West; on the south by West Fifty-third street from Ninth avenue to Eighth avenue; on the east by Central Park West and Eighth avenue from West Sixty- first street to West Fifty-third street; on the west by Columbus avenue and Ninth avenue from West Sixty-first to West Fifty- third street; the nineteenth assembly district of the county of New York; that portion of the twenty-first assembly district of the county of New York bounded on the north by West One Hundred and First street from the Hudson river to Columbus avenue, to West One Hundred and Second street, to Central Park West; on the south by West Eighty-ninth street from the Hudson river to Amsterdam avenue, to West Eighty-sixth street, to Columbus avenue, to West Eighty-first street, to Central Park West: on the east by Central Park West from West One Hundred and Second street to West Eighty-first street; on the west by the 362J Political Divisions of States, Counties and Towns. Hudson river from West One Hundred and First street to West Eighty-ninth street; and that portion of the twenty-ninth assem- bly district of the county of New York bounded on the north by the Central Park Transverse road from West Ninety-seventh street and Central Park West to Ninety-seventh street and Fifth avenue, to East Ninety-sixth street, to Lexington avenue; on the south by a line through Central park from West Eighty-sixth street and Central Park West to Eighty-sixth street and Fifth avenue, to Ninety-third street, to Park avenue, to East Eighty- ninth street, tq Lexington avenue; on the east by Lexington ave- nue from East Ninety-sixth street to East Eighty-ninth street; on the west by Central Park West from West Ninety-seventh street to West Eighty-sixth street; and also that portion of the twenty-ninth assembly district of the county of New York bounded on the north by West Fifty-ninth street from Central Park West to Sixth avenue; on the south by West Fifty-third street from Eighth avenue to Seventh avenue, to West Fifty-fifth street, to Sixth avenue; on the east by Sixth avenue from West Fifty-ninth street to West Fifty-fifth street ; on the west by Eighth avenue from West Fifty-ninth street to West Fifty-third street, shall compose the fifteenth district. The boundaries of the said fifteenth district are as follows: Beginning at the Hudson river and West Sixtieth street, east to Columbus avenue, south along Columbus avenue and Ninth avenue to West Forty-third street, east to Eighth avenue, north to West Fifty-third street, east to Seventh avenue, north to West Fifty-fifth street, east to Sixth avenue, north to West Fifty-ninth street, west to Central Park West, north to West Eighty-sixth street, east across Central Park to Eighty-sixth street and Fifth avenue, north along Fifth avenue to Ninety-third street, east to Park avenue, south to East Eighty-ninth street, east to Lexington avenue, north to East Ninety-sixth street, west to Fifth avenue, north to East Ninety- seventh street, west across Central Park Transverse road to West Ninety-seventh street and Central Park West, north to West One Flundred and Second street, west to Columbus avenue, south to West One Hundred and First street, west to Hudson river, to the point of beginning at Hudson river and West Sixtieth street. Sixteenth district. — That portion of the thirtieth assembly dis- trict of the county of New York bounded on the north by East Ninety-second street from Lexington avenue to Third avenue, to East Ninety-fourth street, to the East river; on the south by East Eight^'-ninth street from Lexington avenue to Third avenue, to East Eighty-eighth street, to the East river; on the east by the East river from East Ninety-fourth street to East Eighty-eighth street; on the west by Lexington avenue from East Ninety- second street to East Eighty-ninth street; that portion of the Congressional Districts. 362IC thirty-first assembly district of the county of New York bounded on the north by East One Hundred and Twentieth street from Fifth avenue to Park avenue; on the south by East One Hundred and Tenth street from Fifth avenue to Park avenue; on the east by Park avenue from East One Hundred and Twentieth street to East One Hundred and Tenth street; on the west by Fifth avenue from East One Hundred and Twentieth street to East One Hun- dred and Tenth street; of the county of New York the tliirty- second assembly district, including Ward's Island; and the thirty- third assembly district of the county of New York, including Randall's island, shall compose the sixteenth district. The boun- daries of said sixteenth district are as follows: beginning at the East river and East Eighty-eighth street, west to Third avenue, north to East Eighty-ninth street, west to Lexington avenue, north to East Ninety-sixth street, west to Fifth avenue, north to East One Hundred and Twentieth street, east to Park avenue, south to East One Hundred and Nineteenth street, east to the East river, to point of beginning at the East river and East Eighty-eighth street, including Randall's and Ward's islands. Seventeenth district. — That portion of the twenty-first assembly district of the county of New York bounded on the north by West One Hundred and Nineteenth street from the Hudson river to Broadway, to West One Hundred and Twentieth street, to Seventh avenue; on the south by West One Hundred and First street from the Hudson river to Columbus avenue, to West One Hundred and Second street, to Central Park West, to West Ninety-seventh street, across the Central Park Transverse road to East Ninety-seventh street and Fifth avenue; on the west by the Hudson river from West One Hundred and Nineteenth street to West One Hundred and First street; on the east by Seventh avenue from West One Hundred and Twentieth street to West One Hundred and Tenth street, to Fifth avenue, to the Central Park Transverse road at Fifth avenue and East Ninety-seventh street; the twenty-third assembly district of the county of New York; and that portion of the thirty-first assembly district of the county of New York bounded on the north by West One Hun- dred and Thirty-fourth street from Eighth avenue to Fifth ave- nue, to East One Hundred and Twenty-ninth street, to Park ave- nue; on the south by West One Hundred and Twentieth street from Eighth avenue to Seventh avenue, to West One Hundred and Tenth street, to Fifth avenue; on the east by Park avenue from East One Hundred and Twenty-ninth street to East One Hundred and Twentieth street, to Fifth avenue, to West One Hundred and Tenth street; on the west by Eighth avenue from West One Hundred and Thirty-fourth street to West One Hun- dred and Twentieth street shall compose the seventeenth district. 362I Political Divisions of States, Counties and Towns. The boundaries of the said seventeenth district are as follows: beginning at the Hudson river and West One Hundred and First street east to Columbus avenue, north to West One Hundred and Second street, east to Central Park West, south to West Ninety- seventh street, east across the Central Park Transverse road to Fifth avenue and East Ninety-seventh street, north to East One Hundred and Twentieth street, east to Park avenue, north to East One Hundred and Twenty-ninth street, west to Fifth avenue, north to the Harlem river, to the Hudson river, to the point of beginning at the Hudson river and West One Hundred and First street. Eighteenth district. — The thirty-fourth assembly district and the thirty-fifth assembly district of the county of New York and the annexed district, shall compose the eighteenth district. The boundaries of the said eighteenth district are as follows : beginning- at the East river and East One Hundred and Nineteenth street, west to Park avenue, north to East One Hundred and Twenty- ninth street, west to Fifth avenue, north to the Harlem river, to the Hudson river, to the Yonkers city line, to Long Island sound, to the East river, to the point of beginning at the East river and East One Hundred and Nineteenth street, including islands in Long Island sound and Harlem river attached to the said thirty- fourth and thirty-fifth assembly districts and the annexed district. Nineteenth district. — The county of Westchester shall compose the nineteenth district. Tzventieth district. — The counties of Sullivan, Orange and Rock- land shall compose the twentieth district. Twenty-first district. — The counties of Greene, Columbia, Put- nam and Dutchess shall compose the twenty-first district. Tzventy-sccond district. — The counties of Rensselaer and Wash- ington shall compose the twenty-second district. Twenty-third district. — The counties of Albany and Schenec- tady shall compose the twenty-third district. Twenty-fotirth district. — The counties of Delaware, Otsego, Ul- ster and Schoharie shall compose the twenty-fourth district. Tzventy-Hfth district. — The counties of Fulton, Hamilton, Mont- gomery, Warren and Saratoga shall compose the twenty-fifth district. Twenty-sixth district. — The counties of Clinton, Essex, Frank- lin and Saint Lawrence shall compose the twenty-sixth district. Twenty-seventh district. — The counties of Herkimer and Oneida shall compose the twenty-seventh district. Twenty-eighth district. — The counties of Jefiferson, Lewis and Oswego shall compose the twenty-eighth district. Trrenty-ninth district. — The counties of Onondaga and Madison shall compose the twenty-ninth district. Judicial Districts. 363 Thirtieth district. — The counties of Broome, Chenango, Tioga, Tompkins and Cortland shall compose the thirtieth district. Thirty-first district. — The counties of Cayuga, Ontario, Wayne and Yates shall compose the thirty-first district. Thirty-second district. — The county of Monroe shall compose the thirty-second district. Thirty-third district. — The counties of Chemung, Schuyler, Seneca and Steuben shall compose the thirty-third district. Thirty-fourth district. — The counties of Genesee, Livingston, Niagara, Orleans and Wyoming shall compose the thirty-fourth district. Thirty-fifth district. — The first, second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, four- teenth, fifteenth, sixteenth and eighteenth wards of the city of Buffalo as now constituted shall compose the thirty-fifth district. Thirty-sixth district. — Tlie seventeenth, nineteenth, twentieth, twenty-first, twenty-second, twenty-third, twenty-fourth and twenty-fifth wards of the city of Buffalo as now constituted and the seventh and eighth assembly districts of the county of Erie shall compose the thirtv-sixth district. Thirty-seventh district. — The counties of Allegany, Cattaraugus and Chautauqua shall compose the thirty-seventh district. § 3, This act shall take effect immediately, JUDICIAL DISTRICTS. The state is divided into eight judicial districts, numbered and composed of the territory, respectively, as follows: First. — The city of New York. Second. — The counties of Richmond, Suffolk, Queens, Kings, Westchester, Orange, Rockland, Putnam and Dutchess. Third. — The counties of Columbia, Sullivan, Ulster, Greene, Albany, Schoharie and Rensselaer. Fourth. — The counties of Warren, Saratoga, Washington, Essex, Franklin, Saint Lawrence, Clinton, Montgomery, Hamilton, Ful- ton and Schenectady. Fifth. — The counties of Onondaga, Oswego, Oneida, Herkimer, Jefferson and Lewis. Sixth. — The counties of Otsego, Delaware, Madison, Chenango, Broome, Tioga, Chemung, Tompkins, Cortland and Schuyler. Seventh. — The counties of Livingston, Wayne, Seneca, Yates, Ontario, Steuben, Monroe and Cayuga. Eighth. — The counties o^ Erie, Chautauqua, Cattaraugus, Orleans, Niagara, Genesee, A legany and v'yoming. 364 Political Divisions of States, Counties and Towns: SCHOOL COMMISSIONER DISTRICTS. The districts as organized in the different counties on the ist day of January, 1900, are as follows : Albany County. See L. 1902, Chap. 561. First district. — Towns of Bethlehem, Coeymans and New Scot- land. Second district. — Towns of Berne, Knox, Rensselaerville and Westerlo. Third district. — Towns of Colonic, Green Island and Guilder- land. The city of Albany is organized under a special school act. The city of Cohoes is organized under a special school act. The city of Watervliet is organized under a special school act. Allegany County. First district. — Towns of Allen, Almond, Angelica, Belfast, Birdsall, Burns, Caneadea, Centreville, Granger, Grove, Hume, New Hudson, Rushford and West Almond. Second district. — Towns of Alfred, Alma, Amity, Andover, Bol- ivar, Clarksville, Cuba, Friendship, Genesee, Independence, Scio^ Ward, Wellsville, Willing and Wirt. Broome County. First district. — Towns of Chenango, Colesville, Conklin, Fenton, Kirkwood, Sanford and Windsor. Second district. — Towns of Barker, Binghamton, Dickinson, Chenango, Lisle, Maine, Nanticoke, Triangle, Union and Vestal. The city of Binghamton is organized under a special school act. Cattaraugus County. First district. — Towns of Allegany, Farmersville, Franklinville, Freedom, Hinsdale, Humphrey, Ischua, Lyndon, Machias, Olean, Portville and Yorkshire. Second district. — Towns of Carrollton, Coldspring, Conewango, Ellicottville, Elko, Great Valley, Napoli, Randolph, Red House, Salamanca and South Valley. School Commissioner Districts. 365 Third .district. — Towns of Ashford, Dayton, East Otto, Leon, Little Valley, Mansfield, New Albion, Otto, Perrysburg and Per- sia. Cayuga County. First district. — Towns of Brutus, Cato, Conquest, Ira, Mentz, Montezuma, Sennett, Sterling, Throop and Victory. Second district. — Towns of Aurelius, Fleming, Genoa, Ledyard, Locke, Moravia, Niles, Owasco, Scipo, Sempronius, Summer Hill, Springport and Venice. The city of Auburn is organized under a special school act. Chautauqua County. First district. — Towns of Busti, Chautauqua, Clymer, French Creek, Harmony, Mina and Sherman. Second district. — Towns of Arkwright, Hanover, Pomfret, Portland, Ripley, Sheridan, Villanova and West Field. Third district. — Towns of Carroll, Charlotte, Cherry Creek, El- iery, Ellicott, Ellington, Gerry, Kiantone, Poland and Stockton. The city of Dunkirk is organized under a special school act. The city of Jamestown is organized under a special school act. Chemung County. Comprises a single district. The city of Elmira is organized under a special school act. Chenango County. First district. — Towns of Columbus, Lincklaen, New Berlin, North Norwich, Norwich, Otselic, Pharsalia, Pitcher, Plymouth, Sherburne and Smyrna. Second district. — Towns of Afton, Bainbridge, Coventry, Greene, German, Guilford, McDonough, Oxford, Preston and Smithville. Clinton County. First district. — Towns of Ausable, Black Brook, Dannemora. Peru, Plattsburgh, Saranac and Schuyler Falls. Second district. — Towns of Altoona, Beekmantown, Champlain,. Chazy, Clinton, Ellenburgh and Mooers. 366 Political Divisions of States, Counties and Towns. Columbia County. First district. — Towns of Ancram, Claverack, Clermont, Copake, Gallatin, Germantown, Greenport, Livingston and Taghkanic. Second district. — Towns of Austerlitz, Canaan, Chatham, Ghent, Hillsdale, Kinderhook, New Lebanon, Stockport and Stuyvesant. The city of Hudson is organized under a special school act. Cortland County. First district. — Towns of Cincinnatus, Cortlandville, Freetown^ Harford, Lapeer, Marathon, Virgil and Willett. Second district. — Towns of Cuyler, Homer, Preble, Scott, Solon^ Taylor and Truxton. Delaware County. First district. — Towns of Colchester, Deposit, Franklin, Hani- den, Hancock, Masonville, Sydney, Tompkins and Walton. Second district. — Towns of Andes, Bovina, Davenport, Delhi,. Harpersfield, Kortright, Meredith, Middletown, Roxbury and Stamford. Dutchess County. First district. — Towns of Amenia, Beekman, Dover, East Fish- kill, Fishkill, La Grange, North East, Pawling, Pine Plains, Stam- ford, Union Vale, Wappinger and Washington. Second district. — Towns of Clinton, Hdye Park, Milan, Pleasant Valley, Poughkeepsie, Red Hood, Rhinebeck. Erie County, First district. — Towns of Alden, Amherst, Cheektowaga, Clar- ence, Grand Island, Lancaster, Newstead and Tonawanda. Second district. — Towns of Aurora, East Hamburg, Eden, Elma, Evans, Hamburg, Marilla, Wales and West Seneca. Third district. — Towns of Boston, Brant, Colden, Concord, Col- lins, Holland, North Collins and Sardinia. The city of Buffalo is organized under a special school act. Essex County. First district. — Towns of Chesterfield, Elizabethtown, Essex, Jay, Keene, Lewis, North Elba, St. Armand, Willsborough and Wilmington. School Commissioner Districts. 367 Second district. — Towns of Crown Point, Minerva, Moriah Newcomb, North Hudson, Schroon, Ticonderoga and Westport. Franklin County. First district. — Towns of Bellmont, Brighton, Burke, Chateau- gay, Duane, FrankHn, Harrietstown and Malone. Second district. — Towns of Altamont, Bangor, Bombay, Bran- don, Constable, Dickinson, Fort Covington, Moria, Santa Clara, Waverly and Westville. Fulton County. Comprises a single district, excluding Gloversville and Johns- town. The city of Gloversville is organized under a special school act The city of Johnstown is organized under a special school act. Genesee County. Comprises a single district. Greene County. First district. — Towns of Athens, Cairo, Catskill, Halcott, Hun- ter, Jewett and Lexington. Second district. — Towns of Ashland, Coxsackie, Durham, Greenville, New Baltimore, Prattsville and Windham. Hamilton County. Comprises a single district. Herkimer County. First district. — Towns of Fairfield, Herkimer, Little Falls, Manheim, Newport, Norway, Ohio, Russia, Salisbury, Webb and Wilmurt. Second district. — Towns of Columbia, Danube, Frankfort, Ger- man Flats, Litchfield, Schuyler, Stark, Warren and Winfield. City of Little Falls organized under special school act. Jefferson County. First district. — Towns of Adams, Ellisburgh, Le Ray, Lorraine, Pamelia, Rodman, Watertown and Worth. 368 Political Divisions of States, Counties and Towns. Second district. — Towns of Alexander, Antwerp, Champion, Philadelphia, Rutland, Theresa and Wilna. Third district. — Towns of Brownville, Cape Vincent, Clayton, Henderson, Hounsfield, Lyme and Orleans. The city of Watertown is organized under a special school act. Kings County. Comprises a single district, excluding the city of Brooklyn. The city of Brooklyn is organized under a special school act. Lewis County. First district. — Towns of Greig, High Market, Lewis, Leyden, Lyonsdale, Martinsburgh, Osceola, Turin and West Turin. Second district. — Towns of Croghan, Denmark, Diana, Harris- burgh, Lowville, Montague, New Bremen, Pinckney and Wat- son. Livingston County. First district. — Towns of Avon, Caledonia, Conesus, Geneseo, Groveland, Leicester, Lima, Livonia and York. Second district. — Towns of Mount Morris, North Dansville, Nunda, Ossian, Portage, Sparta, Springwater and West Sparta. Madison County. First 'district. — Towns of Brookfield, De Ruyter, Eaton, George- town, Hamilton, Lebanon, Madison and Nelson. Second district. — Towns of Cazenovia, Fenner, Lenox, Lincoln, Oneida, Smithfield, Stockbridge and Sullivan. Monroe County. First district. — Towns of Brighton, Henrietta, Irondequoit, Mendon, Penfield, Perrinton, Pittsford, Rush and Webster. Second district. — Towns of Clarkson, Chili, Gates, Greece, Hamlin, Ogden, Parma, Riga, Sweden and Wheatland. The city of Rochester is organized under a special school act. Montgomery County. Comprises a single district. City of Amsterdam is organized under a special school act. School Commissioner Districts. 369 Nassau County. Comprises a single district. New York. Comprises the boroughs of Manhattan and the Bronx in the city of New York. New York city is organized under a special school act. Niagara County. First district. — Towns of Cambria, Lockport, Pendleton, Royal- ton and Wheatfield. Second district. — Towns of Hartland, Lewiston, Newfane, Ni- agara, Porter, Somerset and Wilson. The city of Niagara Falls is organized under a special school act. The city of Lockport is organized under a special school act. Oneida County. First district. — Towns of Deerfield, Floyd, Marcy, New Hart- ford and Whitestown. Second district. — Towns of Augusta, Bridgewater, Kirkland, Marshall, Paris, Sangerfield, Vernon and Westmoreland. Third district. — Towns of Camden, Florence, Rome, Verona and Vienna. Fourth district. — Towns of Annsville, Ava, Boonville, Forest- port, Lee, Remsen, Steuben, Trenton and Western. The city of Utica is organized under a special school act. The city of Rome is organized under a special school act. Onondaga County. First district. — Towns of Camillus, Clay, Elbridge, Lysander, Salina and Van Buren. Second district. — Towns of Geddes, Marcellus, Onondaga, Otisco, Skaneateles, Spafford and Tully. Third district. — Towns of Cicero, De Witt, Fabius, Lafayette, Manlius and Pompey. The city of Syracuse is organized under a special school act. Ontario County. First district. — Towns of Farmington, Geneva, Gorham, Hope- well, Manchester, Phelps and Seneca. 370 Political Divisions of States, Counties and Towns. Second district. — Towns of Bristol, Canadice, Canandaigua» East Bloomfield, Naples, Richmond, South Bristol, Victor and West Bloomfield. Orange County. First district. — Towns of Blooming Grove, Cornwall, Crawford, Highlands, Hamptonburgh, Montgomery, Monroe, Newburgh and New Windsor, in the county of Orange. Second district. — ^Towns of Chester, Deerpark, Greenville, Goshen, Mount Hope, Minisink, Tuxedo, Walkill, Warwick, Wawayanda and Woodbury. The city of Newburgh is organized under a special school act. The city of Middletown is organized under a special school act. Orleans County. Comprises a single district. Oswego County. First district. — Towns of Granby, Hannibal, New Haven, Os- wego, Scriba and Volney. Second district. — Towns of Amboy, Constantia, Hastings, Pal- ermo, Parish, Schroeppel and West Monroe. Third district. — Towns of Albion, Boylston, Mexico, Orwell, Redfield, Richland, Sandy Creek and Williamstown. The city of Oswego is organized under a special school act. Otsego County. First district. — Towns of Cherry Valley, Decatur, Exeter, Mary- land, Middlefield, Otsego, Plainfield, Richfield, Roseboom, Spring- field, Westford and Worcester. Second district. — Towns of Burlington, Butternuts, Edmeston, Hartwick, Laurens, Milford, Morris, New Lisbon, Oneonta, Otego, Pittsfield and Unadilla. Putnam County. Comprises a single district. Rensselaer County. First district. — Towns of Berlin, Grafton, Hoosick, Lansing- burgh, Petersburgh, Pittstown and Schaghticoke. School Commissioner Districts. 371 Second district. — Towns of Brunswick, East Greenbush, Green- bush, Nassau, North Greenbush, Poestenkill, Sandlake, Schodack and Stephentown. The city of Troy is organized under a special school act. The city of Rensselaer is organized under a special school act. Rockland County. Comprises a single district. St. Lawrence County. First district. — Towns of DeKalb, DePeyster, Fine, Fowler, Gouverneur, Hammond, Macomb, Morristown, Oswegatchie, Pit- . cairn and Rossie. Second district. — Towns of Canton, Clare, Clifton, Colton, Ed- wards, Hermon, Lisbon, Madrid, Norfolk, Pierrepont, Russell and Waddington. Third district. — Towns of Brasher, Hopkinton, Lawrence, Louisville, Massena, Parishville, Potsdam and Stockholm. The city of Ogdensburgh is organized under a special school act. Saratoga County. First district. — Towns of Ballston, Charlton, Clifton Park. Gal- way, Halfmoon, Malta, Milton, Providence, Stillwater and Water- ford. Second district. — Towns of Corinth, Day, Edinburgh, Green- field, Hadley, Moreau, Northumberland, Saratoga, Saratoga Springs and Wilton. Schenectady County. Towns, exclusive of city, compose one district. The city of Schenectady is organized under a special school act. Schoharie County. First district. — Towns of Broome, Blenheim, Conesville, Esper- ance, Gilboa, Middleburgh. Schoharie and Wright. Second district. — Towns of Carlisle, Cobleskill, Fulton, Jeffer- son, Richmondville, Seward, Sharon and Summit. Schuyler County. Comprises a single district. 2;j2 Political Divisions of States, Counties and Towns, Seneca County. Comprises a single district. Steuben County. First district. — Towns of Avoca, Bath, Bradford, Campbell,, Cohocton, Prattsburgh, Pultney, Urbana, Wayland, Wayne and Wheeler. Second district. — Towns of Addison, Cameron, Canton, Corn- ing, Erwin, Hornby, Lindley, Rathbone, Thurston, Tuscarora and Woodhull. Third district. — Towns of Dansville, Fremont, Howard, Canis- teo, Greenwood, Hartsville, Homellsville, Jasper, Troupsburgh and West Union. The city of Homellsville is organized under a special school act. Suffolk County. First district. — Towns of Easthampton, Riverhead, Southamp-^ ton, Southold and Shelter Island. Second district. — Towns of Babylon, Brookhaven, Huntington,. Islip and Smithtown. Sullivan County. First district. — Towns of Bethel, Cohocton, Delaware, Forest- burgh, Highland, Lumberland, Mamakating, Thompson and Tusten. Second district. — Towns of Callicoon, Fallsburgh, Fremont,, Liberty, Neversink and Rockland. Tioga County. Comprises a single district. Tompkins County. First district. — Towns of Danby, Enfield, Ithaca, Newfield and Ulysses. Second district. — Towns of Caroline, Dryden, Groton and Lan- sing. The city of Ithaca is organized under a special school act. School Commissioner Districts. 373 Ulster County, First district. — Towns of Hurley, Kingston, Saugerties and Ulster. Second district. — Towns of Esopus, Gardner, Lloyd, Marble- town, Marlborough, New Paltz, Plattekill, Rosendale and Shaw- angunk. Third district. — Towns of Denning, Hardenburgh, Olive, Rochester, Shandakin, Wawarsing and Woodstock. Warren County. First district. — Towns of Caldwell, Luzerne, Queensbury, Stony Creek and Thurman. Second district. — Towns of Bolton, Chester, Hague, Horicon, Johnsburgh and Warrensburgh. Washington County. First district. — Towns of Argyle, Cambridge, Easton, Fort Ed- ward, Greenwich, Jackson, Salem and White Creek. Second district. — Towns of Dresden, Fort Ann, Granville, Hampton, Hartford, Hebron, Kingsbury, Putnam and Whitehall. Wayne County. First district. — Towns of Butler, Galen, Huron, Lyons, Rose, Savannah, Sodus and Wolcott. Second district. — Towns of Arcadia, Macedon, Marion, Ontario, Palmyra, Walworth and Williamson. Westchester County. First district. — Towns of East Chester, Mamaroneck, New Rochelle, Pelham, Rye and Scarsdale. Second district. — Towns of Greenburgh, Harrison, Mount Pleasant, North Castle, Ossining and White Plains. Third district. — Towns of Bedford, Cortlandt, Lewisboro, New Castle, North Salem, Poundridge, Somers and Yorktown. The city of Yonkers is organized under a special school act. The city of Mt. Vernon is organized under a special school act. 374 Political Divisions of States, Counties and Towns. Wyoming County. First district. — Towns of Attica, Bennington, Covington, Mid- dlebury, Orangeville, Perry, Sheldon and Warsaw. Second district. — Towns of Arcade, Castile, Eagle, Genesee Falls, Gainesville, Java, Pike and Wethersfield. Yates County. Comprises a single district. VOT ERS, THEIR QUALIFICATIONS, PRIVILEGES AND DISABILITIES. Vote, right to, not to be denied. — " The rights of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color or previous condition of servitude. The congress shall have power to enforce this article by appropriate legislation.' (§§ I, 2, art. 15, amendment to United States Constitution^ Vote, who entitled to. — " Every male citizen of the age of twenty-one years, who shall have been a citizen for ninety days and an inhabitant of this state one year next preceding an election, and for the last four months a resident of the county, and for the last thirty days a resident of the election district in which he may offer his vote, shall be entitled to vote at such election in the election district of which he shall at the time be a resident, and not elsewhere, for all officers that now are or hereafter may be elected by the people, and upon all questions which may be submitted to the vote of the people, provided that in time of war no elector in the actual military service of the state, or of the United States, in the army or navy thereof, shall be deprived of his vote by reason of his absence from such election district ; and the legislature shall have power to provide the manner in which, and the time and place at which, such absent electors may vote, and for the return and canvass of their votes in the election districts in which they respectively reside." (§ \,art. 2, State Cojtstttiition.) The right to vote secured to a citizen by the constitution must be exer- cised in the manner and subject to the regulations lawfully prescribed by the legislature in respect to the time when and the method by which his will is expressed, and in order to make his will and intention effectual at the election he must comply with, at least, all the substantial requirements of law, {People ex rel. Nichols v. Board of Canvassers, 129 N. Y. 401) A minor who has been convicted of a felony and has served out his time during his minority is not qualified to vote upon coming of age. (Hamilton v. Peoplcy 57 Barb. 625.) 37^ Qualifications, etc., of Voters. A fem&le is a person not duly qualified to vote under the laws of this State and is liable to punishment for voting as provided by the Penal Code. (PeopU V. Barber, 48 Hun, 193.) "Women have no right to vote for school commissioners, the act of 1892, which gives them such right, being unconstitutional. {Matter of Gage, 141 N. Y. 112.) Kight of deserters to vote. — " Deserters from the military and naval service have a right to vote unless convicted thereof by a competent court." {Opinion of Attorney-General'^ Right to vote while engaged in voting at close of polls. — " A voter who has received his ballots and is properly engaged in the preparation of the same at the time of the closing of the polls is entitled to vote." {Opinion of Attorney-General?^ " A person otherwise qualified whose twenty-first birthday is on the day succeeding election is entitled to vote." {Opinion of Attorney-General^ Disfranchisement of voter by irreg^odar acts of inspectors. — "The voters of an election district are not to be disfranchised by reason of irregxilarities in the conduct of inspectors, which do not affect the result of the vote." {Opinion oj Attorney-General^ Allowance of time for employes to vote. — " Any person entitled to vote at a general election held within this state, shall^ on the day of such election, be entitled to absent himself from any service or employment in which he is then engaged or em- ployed, for a period of two hours, while the polls of such election are open. If such voter shall notify his employer, before the day of such election, of such intended absence, and if thereupon two consecutive hours for such absence shall be designated by the employer, and such absence shall be during such designated hours, or if the employer, upon the day of such notice, makes no designation, and such absence shall be during any two consecu- tive hours while such polls are open, no deduction shall be made from the usual salary or wages of such voter, and no other penalty shall be imposed upon him by his employer, by reason of such absence." (§ 109, Election Law.) Refusal to permit employes to attend elections.— "A per- son or corporation who refuses to an employe entitled to vote at an election or town meeting, the privilege of attending thereat^ Qualifications, etc., of Voters. 377 as provided by the election law, or subjects such employe to a penalty or reduction of wages because of the exercise of such privilege, is guilty of a misdemeanor." (§ 41 f, Penal Code.) Persons excluded from the right of suffrage, etc. — " No person who shall receive, expect, or offer to receive, or pay,' offer or promise to pay, contribute, offer or promise to con- tribute to another, to be paid or used, any money or other valu- able thing as a compensation or reward for the giving or with- holding a vote at an election, or who shall make any promise to influence the giving or withholding any such vote, or who shall make or become directly or indirectly interested in any bet or wager depending upon the result of any election, shall vote at such election; and upon challenge for such cause, the person so challenged, before the officers authorized for that purpose shall receive his vote, shall swear or affirm before such officers that he has not received or offered, does not expect to receive, has 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 such election, and has not made any promise to influence the giving or withholding of any such vote, nor made or become directly or indirectly interested in any bet or wager depending upon the result of any election. The legislature shall enact laws excluding from the right of suffrage all persons con- victed of bribery or of any infamous crime." (§ 2, art. 2, Revised State Constitution.) Pardon and restoration. — " The governor has the exclusive power of pardoning and restoring to the rights of a citizen criminals convicted in the courts of this state." (See § 5, art. 4, State Constitution.) 378 Qualifications, etc., of Voters. Disabilities of persons removed. — " The disqualification to testify created by section twenty-three (original number) of title seven, chapter first of part fourth of the Revised Statutes, and the prohibition to vote at any election contained in sec- tion fifteen of chapter two hundred and forty of the Laws of eighteen hundred and forty-seven, shall not apply to a person heretofore convicted, or hereafter to be convicted, of felony, or of any infamous crime, and in consequence thereof com- mitted to one of the houses of refuge or other reformatories organized under the laws of this state." {Chap. 113, 1872, entitled ''An act to relieve juvenile delinquents from certain, disqualifications. ' ') Voting residence. — " For the purpose of voting, no person shall be deemed to have gained or lost a residence, by reason of his presence or absence, while employed in the service of the United States; nor while engaged in the navigation of the waters of this state, or of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any alms-house, or other asylum, or institu- tion wholly or partly supported at public expense or by charity ; nor while confined in any public prison." (§ 3, art. 2, State Constitution.) Voting residence of government employees. — " The voting residence of a person is largely a question of intention. A residence is not changed by engaging in the service of the government." {Opinion of Attorney- General^ Residence — matter of intention.— " The question of the place of resi- dence of a voter is largely a matter of intention. " As a general proposition, it may Le stated that the residence required by the constitution is a place which a person has fixed as a habitation without any present intention of removing therefrom. A residence, once acquired, continues to be the residence of a person until such person absents himself therefrom and locates at another place with the intention of there remaining. Temporary absence, with the purpose of returning, does not effect a change of residence." {Opinion of Attorney-General^ Residence, for the purpose of voting, and how not lost or acquired. — " A residence is ' the place of abode,' ' the place in which one usually has his home.' To reside in a particular election district and county is for one to have his home usually and at the time of election in such elec- tion district. A person, in order to entitle him to vote, must, as before stated, be a resident of such election district thirty days, of the county four months, and of the state one year, and 'for the purpose of voting' it Qualifications, etc., of Voters. 370 is by our constitution provided that ' no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States ; nor while engaged in the navigation of the waters of this state, or of the United States, or of tho high seas ; nor while a student of any seminary of learning; nor while kept at any alms-house or other asylum at public expense ; nor while con- fined in any public prison. " If an elector change his residence from one election district to another, in the same county, within thirty days previous to a general or special election, he thereby loses the right of voting at such election. If he remove within thirty days of a town or city election, from one town to another, in the same county, or from one ward to another, in the same city (or from one election district to another, in the same city, or from one election district of a town having election districts for town meeting to another election district in the same town), he thereby loses the right of voting at such election, for town, ward or city officers. " It must be borne in mind that no person can (as is sometimes erro- neously believed) vote for governor or any other officer, except in the elec- tion district of his actual residence." {Election Code by Secretary of State?) A student living' in one of the seminajy buildings of the General Theological Seminary of the Episcopal Church in New York city is not entitled to be registered in the election district in which the seminary is situated, unless he intends to change his legal residence from his former residence, and such intention be manifested by acts which are independent of his residence as a student in the locality. {Matter of Garvey, 147 N. Y. 117.) Tlie Homes for Aged Men in Albany and Oneida counties are " institu- tions wholly or partly supported by charity," within section 34 of the Elec- tion Law, and within section 3, article 2 of the State Constitution, and persons domiciled there shall not be deemed to have gained or lost a resi- dence while there. But such sections of the law and the Constitution are not retroactive, and inmates of such homes who voted in the district where the homes are situated before the constitutional provision went into effect, shall not be deprived of their votes, as they are deemed to have intended tSiereby to make such institution their permanent residence. {Matter of Batterman, 14 Misc. Rep. 213; Matter of Griffiths, 16 id. 128.) Soldiers in the United States army do not acquire a residence by being quartered long in a particular place. {Biddle and Richards v. Wing, CI. & H. 504, 512.) Residence is determined by the intention of the party. An elector can- not have two homes at the same time; when he acquires the new home he loses the old one. To effect this change there must be both act and intan- tion. McDaniels' Case, 3 Pa. L. J. 310; Sturgeon v. Korte, 38 Ohio St 625 ; fohnson v. People, 94 111. 505.) Manner of voting. — Section five of article two of the Con- stitution provides that : " All elections by the citizens shall be 380 Qualifications, etc., of Voters. by ballot, except for such town officers as may, by law, be directed to be otherwise chosen." The particular manner of voting prescribed by law will be found on page 131. Voting by an inhabitant of another state or country. — " Any inhabitant of another state or country who votes or offers to vote at an election or town meeting in this state, is guilty of a felony." (§ 41m, Penal Code.) Failure of house-dweller to answer inquiries. — "Any person dwelling in a building in a city who willfully refuses to truly answer any question asked by any elector of such city, between the first meeting of the boards of registry therein for any election and the closing of the polls at such election, relating to the residence and qualifications as a voter of any person dwelling in such building, or of any person who appears upon the list or register of voters made by a board of registry as residing at such building, is guilty of a misdemeanor." (§ 41^/, Penal Code.) Furnishing money or entertainment to induce attendance at polls. — " Any person who, with the intent to promote the election of a person to an elective office : " I. Furnishes entertainment to the electors before or dur- ing an election or town meeting at which such person is a candidate ; or, " 2. Pays for, procures, or engages to pay for such enter- tainment ; or, " 3. Furnishes money or other property, or engages to com- pensate any person for procuring the attendance of voters at the polls of such election or town meeting ; or " 4. Contributes money for any other purposes than the printing and circulating of hand bills, books and other papers previous to an election or town meeting, or conveying electors to the polls, or music, or rent of halls, is guilty of a misde- meanor." (§ 4i(?, Peyial Code.) § 41-0. Giving consideration for franchise. — Any person who directly or indirectly, by himself or through any other person: I. Pays, lends or contributes, or offers or promises to pay, lend or contribute any money or other valuable consideration to or for any voter, or to or for any other person, to induce such voter or other person to vote or refrain from voting at any election, or Qualifications, etc., of Voters. 381 to induce any voter or other person to vote or refrain from voting at such election for any particular person or persons, or for or against any particular proposition submitted to voters, or to in- duce such voter to come to the polls or remain away from the polls at such election, or to induce such voter or other person to place or cause to be placed or refrain from placing or causing to be placed his name upon a registry of voters, or on account of such voter or other person having voted or refrained from voting or having voted or refrained from voting for or against any par- ticular person or for or against any proposition submitted to vot- ers, or having come to the polls or remained away from the polls at such election, or having placed or caused to be placed or re- frained from placing or causing to be placed his or any other name upon the registry of voters; or 2. Gives, offers or promises any oflfice, place or employment, or promises to procure or endeavor to procure any office, place of employment to or for any voter, or to or for any other person, in order to induce such voter or other person to vote or refrain from voting at any election, or to induce any voter or other person to vote or refrain from voting at such election, for or against any particular person or persons, or for or against any proposition submitted to voters, or to induce any voter or other person to place or cause to be placed or refrain from placing or causing to be placed his or any other name upon a registry of voters; or 3. Gives, offers or promises any office, place, employment or valuable thing as an inducement for any voter or other person to procure or aid in procuring either a large or a small vote, plural- ity or majority at any election district or other political division of the state, for a candidate or candidates to be voted for at an election; or to cause a larger or smaller vote, plurality or majority to be cast or given for any candidate or candidates in one such district or political division than in another; or 4. Makes any gift, loan, promise, offer, procurement or agree- ment as aforesaid to, for or with any person to induce such per- son to procure or endeavor to procure the election of any person or the vote of any voter at any election ; or 382 Qualifications, etc., of Voters. 5. Procures or engages or promises or endeavors to procure, in consequence of any such gift, loan, ofifer, promise, procurement or agreement the election of any person, or the vote of any voter, at such election; or 6. Advances or pays or causes to be paid, any money or other valuable thing, to or for the use of any other person with the in- tent that the same, or any part thereof, shall be used in bribery at any election, or knowingly pays or causes to be paid any money or other valuable thing to any person in discharge or re- payment of any money, wholly or in part expended in bribery at any election, is guilty of a felony^ punishable by imprisonment for not less than one year, or more than five years, and in addi- tion forfeits any office to which he may have been elected at the election with reference to which such ofiFense was committed, and becomes incapable of holding any public office under the consti- tution and laws of the state for a period of five years after such conviction. (41 0, Penal Code.) Receiving consideration for franchise. — " Any person who, directly or indirectly, by himself or through any other person : " I. Receives, agrees or contracts for, before or during an election, any money, gift, loan or other valuable considera- tion, office, place or employment for himself, or any other person for voting or agreeing to vote, or for coming or agree- ing to come to the polls, or for remaining away or agreeing to remain away from the polls, or for refraining or agreeing to refrain from registering as a voter, or for refraining or agreeing to refrain from voting or for voting or for agreeing to vote, or for refraining or agreeing to refrain from voting for or against any particular person or persons at any elec- tion, or for or against any proposition submitted to voters at such election ; or " 2. Receives any money or other valuable thing during or after an election on account of himself or any other person having voted or refrained from voting at such an election, or having registered or refrained from registering as a voter, or on account of himself or any other person having voted or refrained from voting for or against any particular person at such election, or for or against any proposition submitted to voters at such election, or on account of himself or any other Qualifications, etc., of Voters. 383 person having come to the polls or remained away from the polls at such election, or having registered or refrained from register- ing as a voter, or on account of having induced any other person to vote or refrain from voting for or against any particular per- son or persons at such election or for or against any proposition submitted to the voters at such election, is guilty of a felony, pun- ishable by imprisonment for not less than one year, and in addi- tion shall be excluded from the right of suffrage for five years after such conviction; and the county clerk of the county in which such person is convicted shall transmit a certified copy of the record of conviction to the clerk of each county of the state, within ten days thereafter, which copy shall be filed in his office by each of such clerks." (§ 4ip, Penal Code.) Testimony upon prosecution. — "A person offending against any section of this title is a competent witness against another person so offending, and may be compelled to attend and testify on any trial, hearing or proceeding or investigation in the same manner as any other person. The testimony so given shall not be used in any prosecution or proceeding, civil or crimi- nal, against the person testifying. A person testifying shall not thereafter be liable to indictment, prosecution or punishment for the offense with reference to w^hich his testimony was given, and may plead or prove the giving of testimony accordingly, in bar of such an indictment or prosecution." (§ 417, Penal Code.) Bribery or intimidation of elector in military service of the United States. — "Any person who, directly or indirectly, by bribery, menace or other corrupt means, controls or attempts to control an elector of this state enlisted in the military service of the United States, in the exercise of his rights under the election law, or annoys, injures or punishes him for the manner in which he exercised such right, is guilty of a misdemeanor for which he may be tried at any future time when he may be found within this state; and upon conviction thereof shall thereafter be ineligible to any office therein." (§ 41.S, Penal Code.) 384 Qualifications, etc., of Voters. Duress and intimidation of voters. — " Any person or cor- poration who directly or indirectly: " I. Uses or threatens to use any force, violence or restraint, or inflicts or threatens to inflict any injury, damage, harm or loss, or in any other manner practices intimidation upon or against any person in order to induce or compel such person to vote or refrain from voting at any election or to vote or refrain from voting for or against any particular person or persons or for or against any proposition submitted to voters at such election, or to place or cause to be placed or refrain from placing or causing to be placed his name upon a registry of voters, or on account of such person having voted or refrained from voting at such election, or having voted or refrained from voting for or against any particular person or persons, or for or against any proposition submitted to voters at such election, or having registered or refrained from regis- tering as a voter ; or, " 2. By abduction, duress or any forcible or fraudulent device or contrivance whatever impedes, prevents or other- wise interferes with the free exercise of the elective franchise by any voter, or compels, induces or prevails upon any voter to give or refrain from giving his vote for or against any par- ticular person at any election ; or, " 3. Being an employer, pays his employe the salary or wages due in * pay envelopes,' upon which there is written or printed any political motto, device or argument containing threats, express or implied, intended or calculated to influ- ence the political opinions or actions of such employes, or within ninety days of a general election puts or other- wise exhibits in the establishment or place where his employes are engaged in labor, any hand bill or placard containing any threat, notice or information that if any particular ticket or candidate is elected or defeated, work in his place or estab- lishment will cease, in whole or in part, his establishment be closed up, or the wages of his employes reduced, or other threats, express or implied, intended or calculated to influence the political opinions or actions of his employes, is guilty of a misdemeanor, and if a corporation shall in addition forfeit its charter." (§ 41/, Penal Code.) Qualifications, etc., of Voters. 385 Political assessments. — " Any person who, " I. Being an officer or employe of the state, or of a politi- cal subdivision thereof, directly or indirectly uses his author- ity or official influence to compel or induce any other officer or employe of the state or a political subdivision thereof, to pay or promise to pay any political assessments ; or, " 2. Being an officer or employe of the state, or of a politi- cal subdivision thereof, directly or indirectly gives, pays or hands over to any other such officer or employe any money or other valuable thing on account of or to be applied to the promotion of his election, appointment or retention in office, or makes any promise, or gives any subscription to such offi- cer or employe to pay or contribute any money or other valu- able thing for any such purpose or object ; or " 3. Being such an officer or employe and having charge or control of any building, office or room occupied for any pur- pose of the state or of a political subdivision thereof, con- sents that any person enter the same for the purpose of mak- ing, collecting, receiving or giving notice of any political assessment ; or "4. Enters or remains in any such office, building or room, or sends or directs any letter or other writing thereto, for the purpose of giving notice of demanding or collecting, or being therein, gives notice of, demands, collects or receives, any political assessment ; " 5. Prepares or makes out, or takes any part in preparing or making out, any political assessment, subscription or con- tribution, with the intent that the same shall be sent or pre- sented to or collected of any such officer or employe ; or " 6. Sends or presents any political assessment, subscrip- tion, or contribution to, or requests its payment of, any such officer or employe, is guilty of a misdemeanor." (§ 4iz', Penal Code.) Corrupt use of position or authority. — " Any person who, " I. While holding a public office, or being nominated or seeking a nomination or appointment therefor, corruptly uses or promises to use, directly or indirectly, any official author- ity or influence possessed or anticipated, in the way of con- ferring upon any person, or in order to secure, or aid any 386 Qualifications, etc., of Voters. person in securing, any office or public appointment, or any nomination, confirmatioH, promotion or increase of salary, upon consideration that the vote or political influence or action of the person so to be benefited or of any other person, shall be given or used in behalf of any candidate, officer or party or upon any other corrupt condition or con- sideration ; or " 2. Being a public officer or employe of the state or a political subdivision having, or claiming to have, any author- ity or influence affecting the nomination, public employment, confirmation, promotion, removal, or increase or decrease of salary of any public officer or employe, or promises or threatens to use, any such authority or influence, directly or indirectly to affect the vote or political action of any such public officer or employe, or on account of the vote or political action of such officer or employe; or " 3. Makes, tenders or offers to procure, or cause any nom- ination or appointment for any public office or place, or accepts or requests any such nomination or appointment, upon the payment or contribution of any valuable consideration, or upon an understanding or promise thereof, or "4. Makes any gift, promise or contribution to any person, upon the condition or consideration of receiving an appoint- ment or election to a public office or a position of public employment, or for receiving or retaining any such office or position, or promotion, privilege, increase of salary or com- pensation therein, or exemption from removal or discharge therefrom, is punishable by imprisonment for not more than two years or by a fine of not more than three thousand dol- lars or both." (§ 4IW/, Penal Code.) § 41-I, Illegal voting. — Any person who: 1. Knowingly votes or oflfers or attempts to vote at any elec- tion, primary election or town meeting, when not qualified; or 2. Procures, aids, assists, counsels or advises any person to go or come into any town, ward or election district, for the purpose of voting at any election, primary election or town meeting, know- ing that such person is not qualified; or 3. Votes or offers or attempts to vote at an election, primary election or town meeting more than once; or votes or offers or attempts to vote at an election, primary election or town meeting Qualifications, etc., of Voters. 387 tinder any other name than his own; or votes or offers or at- tempts to vote at an election, primary election or town meeting in an election district or from a place where he does not reside ; or 4. Procures, aids, assists, commands or advises another to vote or offers or attempts to vote at an election, primary election or town meeting, knowing that such person is not qualified to vote thereat; or 5. Being an inhabitant of another state or county, votes or offers or attempts to vote at an election, primary election or town meeting in this state or permits, aids, assists, abets, procures, commands or advises another to commit or attempt any act named in this section is guilty of felony, punishable by imprison- ment in a state prison not less than one nor more than five years. 6. An offer or attempt under this section shall be deemed to be the doing of any act made necessary by the election law prelimin- ary to the delivery of a ballot to an elector or the deposit of the ballot in the ballot box. (§ 41/, Penal Code.) § 4iaa. Any person who, being a police commissioner or an officer or member of any police force in this state, either 1. Uses or threatens or attempts to use his official power or authority, in any manner, directly or indirectly, in aid of or against any political party, organization, association or society, or to control, affect, influence, reward or punish, the political adherence, affiliation, action, expression or opinion of any citi- zen; or 2. Appoints, promotes, transfers, retires or punishes an officer or member of a police force, or asks for or aids in the promotion, transfer, retirement or punishment of an officer or member of a police force, because of the party adherence or affiliation of such officer or member, or for or on the request, direct or indirect, of any political party, organization, association or society, or of any officer, member of committee or representative official or other- wise of any political party, organization, association or society: or 3. Contributes any money, directly or indirectly, to, or solicits, collects or receives any money for, any political fund, or joins or becomes a member of any political club, association, society or committee; ♦ Is guilty of a misdemeanor. (§ 41 aa, Penal Code, added by chap. 529, L. 1899.) CITIZENSHIP. Citizens, who are. — " All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States." {U. S. R. S., 2d ed., % 1992. tit. 25.) " All children heretofore born or hereafter born out of the limits and jurisdiction of the United States, whose fathers were and may be, at the time of this birth, citizens thereof, are declared to be citizens of the United States; but the rights of citizenship shall not descend to children whose fathers never resided in the United States." (§ 1993, same tit.) " All persons born in the district or country formerly known as the Territory of Oregon and subject to the jurisdiction of the United States, on the eighteenth May, eighteen hundred and seventy-two, are citizens in the same manner as if born elsewhere in the United States." {U. S. R. S., 2d ed., § 1995, tit. 25.) Citizens, when married women are. — " Any woman who is now or may hereafter be married to a citizen of the United States, and who might herself be lawfully naturalized, shall be deemed a citizen." (§ 1994, satne tit.) [See, a/so, § 2168^/ tit. 30, W. S. R. S., 2d ed., as to widows and children of aliens, who have complied with the first condition of % 2106 of said R. 5.] Deserters incapable of holding office under the United States, or exercising any right of citizenship. — " All per- sons who deserted the military or naval service of the United States and did not return thereto or report themselves to a provost-marshal within sixty days after the issuance of the proclamation by the president, dated the eleventh day of March, eighteen hundred and sixty-five, are deemed to have voluntarily relinquished and forfeited their rights of citizen- ship, as well as their right to become citizens ; and such deserters shall be forever incapable of holding any office of Citizenship. 389 trust or profit under the United States, or of exercising any right of citizens thereof." (§ 1996, same tit.) Faithful service until April 19, 1865, deemed to work removal of disability under preceding section. — " No soldier or sailor, however, who faithfully served according to his enlistment until the nineteenth day of April, eighteen hun- dred and sixty-five, and who, without proper authority or leave first obtained, quit his command or refused to serve after that date, shall be held to be a deserter from the army or navy ; but this section shall be construed solely as a removal of any disability such soldier or sailor may have incurred, under the preceding section, by the loss of citizen- ship and of the right to hold oflfice in consequence of his desertion." (§ 1997, same tit.) Desertion hereafter to work loss of citizenship. — " Every person who hereafter deserts the military or naval service of the United States, or who, being duly enrolled, departs the jurisdiction of the district in which he is enrolled, or goes beyond the limits of the United States, with intent to avoid any draft into the military or naval service, lawfully ordered, shall be liable to all the penalties and forfeitures of section nineteen hundred and ninety-six." {U. S. R. S., 2d ed., § 1998, tit. 25.) Rights of expatriation maintained. — " Whereas the right of expatriation is a natural and inherent right of all people indispensable to the enjoyment of the rights of life, liberty and the pursuit of happiness ; and whereas in the recognition of this principle, this government has freely received emi- grants from all nations and invested them with the rights of citizenship ; and whereas it is claimed that such American citizens with their descendants are subjects of foreign states, owing allegiance to the governments thereof ; and whereas it is necessary to the maintenance of public peace that this claim of foreign allegiance should be promptly and finally dis- avowed. Therefore, any declaration, instruction, opinion, order or decision of any ofificer of the United States which denies, restricts, impairs or questions the right of expatri- ation is declared inconsistent with the fundamental principles of the republic." 39*^ Citizenship. Voters to be ascertained. — " Laws shall be made for ascer- taining, by proper proofs, the citizens who shall be entitled to the right of suffrage hereby established." (§ 4, art. 2, State Constitution?) Citizenship of persons born in the "CTnited States. — " Persons bom in the United States, although of alien parentage, are citizens of the United States." {Opinion of Attorney-General) Citizenship of foreign-bom child of a mother who is a citizen.— " The child born in a foreign country of a mother who is a citizen of the United States is not himself a citizen by reason of his mother's citizenship." {Opinion of Attorney-Getteral.) Citizenship of children bom abroad of American parents — expatri' ation. — " Children born abroad of American parents are American citizens, The right of expatriation is recognized bylaw." {Optnion of Attorney* General) NATURALIZATION. Aliens, how naturalized. — " An alien may be admitted to to become a citizen of the United States in the following man- ner, and not otherwise : " I. He shall declare on oath, before a circuit or district court of the United States or a district or supreme court of the territories, or a court of record of any of the states having common-law jurisdiction, and a seal and clerk, two years, at least, prior to his admission, that it is bona fide his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, poten- tate, state or sovereignty, and, particularly, by name, to the prince, potentate, state or sovereignty of which the alien may be at the time a citizen or subject. " 2. He shall at the time of his application to be admitted, ■declare, on oath, before some one of the courts above speci- fied, that he will support the constitution of the United States, and that he absolutely and entirely renounces and adjures all allegiance and fidelity to every foreign prince, potentate, state or sovereignty, and, particularly, by name, to the prince, potentate, state or sovereignty of which he was before a citizen or subject ; which proceedings shall be recorded by the clerk of the court. " 3. It shall be made to appear to the satisfaction of the court admitting such alien that he has resided within the United States five years at least, and within the state or territory where such court is at the time held, one year at least, and that during that time he has behaved as a man of good moral character, attached to the principles of the constitution of the United States and well disposed to the good order and happi- ness of the same ; but the oath of the applicant shall in no case be allowed to prove his residence. "4. In case the alien applying to be admitted to citizenship has borne any hereditary title, or been of any of the orders of nobility in the kingdom or state from which he came he shall, 2r2 Naturalization. in addition to the above requisites, make an express renuncia- tion of his title or order of nobility in the court to which his- application is made, and his renunciation shall be recorded in the court. " 5. Any alien who was residing within the limits and under the jurisdiction of the United States before the twenty-ninth day of January, one thousand seven hundred and ninety-five^ may be admitted to become a citizen, on due proof made to- some one of the courts above specified, that he has resided two years, at least, within the jurisdiction of the United States, and one year, at least, immediately preceding his applica- tion within the state or territory, where such court is at the time held ; and on his declaring on oath that he will support the constitution of the United States, and that he absolutely and entirely renounces and adjures all allegiance and fidelity to any foreign prince, potentate, state or sovereignty and par- ticularly by name to the prince, potentate, state or sovereignty whereof he was before a citizen or subject ; and also, on its appearing to the satisfaction of the court, that during such term of two years he has behaved as a man of good moral character, attached to the constitution of the United States,. and well disposed to the good order and happiness of the same ; and where the alien applying for admission to citizen- ship, has borne any hereditary title, or been of any of the orders of nobility in the kingdom or state from which became, on his, moreover, making in the court an express renunciation of his title or order of nobility. All of the proceedings required in this condition to be performed in the court, shall be recorded by the clerk thereof. "6. Any alien who was residing within the limits and under the jurisdiction of the United States, between the eighteenth day of June, one thousand seven hundred and ninety-eight, and the eighteenth day of June, one thousand eight hundred and twelve, and who has continued to reside within the same, may be admitted to become a citizen of the United States without having made any previous declaration of his intention to become such ; but whenever any person without a certifi- cate of such declaration of intention, makes application to be admitted a citizen, it must be proved to the satisfaction of Naturalization. ^q^ the court, that the applicant was residing within the limits and under the jurisdiction of the United States before the eighteenth day of June, one thousand eight hundred and twelve, and has continued to reside within the same ; and the residence of the applicant within the limits and under the jurisdiction of the United States, for at least five years immediately preceding the time of such application, must be proved by the oath of citizens of the United States, which citizens shall be named in the record as witnesses ; and such continued residence within the limits and under the juris- diction of the United States, when satisfactorily proved, and the place where the applicant has resided for at least five years, shall be stated and set forth, together with the names of such citizens, in the record of the court admitting the applicant; otherwise the same shall not entitle him to be considered and deemed a citizen of the United States. (Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that the declaration of intention to become a citizen of the United States, required by section two thousand one hundred and sixty-five of the Revised Statutes of the United States, may be made by an alien before the clerk of any of the courts named in said section two thousand one hundred and sixty-five ; and all such declarations heretofore made before any such clerk are hereby declared as legal and valid as if made before one of the courts made in said section." {U. S. R. S., 2d ed., 2165, tit. 30.) Aliens honorably discharged from the military service. — "Any alien of the age of twenty-one years and upwards, who has enlisted, or may enlist, in the armies of the United States, either the regular or volunteer forces, and has been, or may be hereafter, honorably discharged, shall be admitted to become a citizen of the United States, upon his petition, without any previous declaration of his intention to become such ; and he shall not be required to prove more than one year's residence within the United States previous to his application to become such citizen ; and the court admitting such alien shall, in addition to such proof of residence and good moral character, as now provided by law, be satisfied by 394 Naturalization. competent proof of such person's having been honorably dis^ charged from the service of the United States." [U. S. R. S.^ 2d ed., § 2166, tit. 30.) Certain persons arriving in their minority may be natural- ized. — " Any alien, being under the age of twenty-one years, who has resided in the United States three years next pre- ceding his arriving at that age, and who has continued to reside therein to the time he may make application to be admitted a citizen thereof, may, after he arrives at the age of twenty-one years, and after he has resided five years within* the United States, including the three years of his minority,, be admitted a citizen of the United States, without having made the declaration required in the first condition of section- twenty-one hundred and sixty-five ; but such alien shall make the declaration required therein at the time of his admission ; and shall further declare on oath, and prove to the satisfac- tion of the court, that for two years next preceding it has been his bona fide intention to become a citizen of the United States ; and he shall in all other respects comply with the laws in regard to naturalization." {U. S. R. S., 2d ed., §2167, tit. 30.) Aliens of African nativity. — " The provisions of this title shall apply to aliens of African nativity and to persons of African descent." (§ 2169, same tit.) Uninterrupted residence. — " No alien shall be admitted ta become a citizen who has not for the continued term of five years next preceding his admission resided within the United States." (§ 2 1 yo, same tit.) \For provisio7is respecting an alien whose country is at war with the United States at the time of his application to become a citizen, see § 2 171 of the U. S. R. 5".] Minor children of persons naturalized. — " The children of persons who have been duly naturalized under the law of the United States, or who, previous to the passing of any law on ihat subject by the government of the United States, may have become citizens of any one of the states, under the laws thereof, being under the age of twenty-one years at the time of the naturalization of their parents, shall, if dwelling in the Uxiited States, be considered as citizens thereof; and the qq required by said sections respectively, and in applications made pursuant to section two thousand one hundred and sixty-seven of the revised statutes of the United States, and any amendments thereof, the affiant shall also declare his belief, with the grounds therefor, that for the portion of the two years next preceding the return day of the said petition that has elapsed at the time of its presentation, it has been bona fide the intention of the petitioner to become a citizen of the United States ; provided, that in applications where the street number, as required by the provisions of this section of this act, cannot be given the place or places of residence shall be described with sufficient accuracy for identification ; and provided further, that none of the pro- visions and requirements of this act shall be deemed to dis- pense with, nor shall they or any of them dispense with, the evidence and proofs, or other requirements, provided for and required in cases of naturalization under, in accordance with, and by virtue of the provisions of the revised statutes of the United States and the laws of congress. § 4. Notice of application. — Every person who may or shall hereafter make application in any of the courts of this state, in which by the provisions of this act such applications may be made, to be admitted to become a citizen of the United States, shall give notice in writing of his application to the clerk of the city, town, village or other place where he resides, or, if there be no clerk, then to the ofificer or person performing similar duties in such place of his residence, at least fourteen days before the final hearing upon his applica- tion, as aforesaid, which said notice shall contain his full name, age, occupation, residence and the name of the court in which his said petition has been filed and is pending ; it shall be the duty of such clerk, or other ofificer or person, to make and preserve a complete record of all such notices in a form convenient for public inspection, and to give each appli- cant who has given such notice a certificate that the provisions of this section of this act have been complied with, and this certificate shall be filed by the said petitioner in the court in which his said petition is filed and pending determination before final action thereon shall be taken by the court. 40O State Naturalization Law. § 5. Posting of notice. — The clerk, or other officer or person performing similar duties, of the city, town, village or other place of the applicant's residence, shall, within seven days from the receipt of the notice prescribed in the pre- ceding section, post in at least two public places in such city, town, village, or other place, the date of the receipt of the notice, the name of the applicant, his age, occupation, residence and court in which his petition is pending, on lists with blank forms containing the following headings : Date of receipt of notice. Name. Age. Occupation. Residence. Court in which petition is pending. § 6. Record of final application. — A record of every final application to be admitted to become a citizen of the United States shall be kept by the clerk of the court in which such application shall be made, and shall be open to the inspection of the public, at reasonable times and upon proper demand ; such record shall contain the names of all applicants, arranged alphabetically according to their surnames, and also the resi- dences of the said applicants ; it shall further state the nation- ality of each applicant and the form and nature of the appli- cation, whether based upon a preliminary declaration of inten- tion or upon a petition founded upon and made in accordance with the provisions and requirements of section two thou- sand one hundred and sixty-seven of the revised statutes of the United States, and any amendments thereof, or otherwise ; and it shall further state the name of the witness, or the names of the witnesses, summoned by the said applicant and appear- ing upon his final application to be admitted to become a citi- zen of the United States, with the residence or residences of such witness or witnesses; a return shall be made annually by Statk Naturaliza riox T.aw. ^qi the several clerks, on or before the first day of February of each year, to the secretary of state, of the full name and resi- dence of each and every person so naturalized and admitted to become a citizen of the United States during the year prior to the first day of the preceding January, together with the date of such naturalization and admission to citizenship ; and the returns so made shall be filed and kept by the secretary of state in a form convenient for reference. Copies of such returns, certified by the secretary of state under his official seal, shall be prima facie evidence of the facts therein stated. §7. Fees of officer. — -The fees of the clerk or other officers or persons of cities, towns, villages or other places for the recording of the notice and the issuing of the certificate pro- vided for under the provisions of the fourth and fifth sections of this act, shall be the sum of fifty cents for each application. § 8. Penalty for violation. — Any clerk or other person who records or files any declaration or application in any case of naturalization, or issues any certificate in any case of naturali- zation, in violation of the provisions of this act, or any of them, shall be punished by a fine of one hundred dollars. § 9. Payments by political committees prohibited. — No political committee or committee of any political party, and no person who has received or accepted a nomination for any political office, shall make any payment or promise of pay- ment of money to or on behalf of any person for fees for the primary or final declaration or application for naturalization, or for services as attorney or counsel, or as agent or other- wise in assisting or enabling any person or persons to make such declaration or application ; whoever violates any of the provisions of this section of this act shall be punished upon conviction thereof, by a fine of not less than five hundred dol- lars nor more than one thousand dollars. Town Meeting's, and the Election and Tenure of Town Officers. (Article 2, Town Law, Chapter 569, Laws of 1900.) § 10. Time and place of biennial town meeting. — The elec- tors of a town shall, biennially, on the second Tuesday of Febru- ary, assemble and hold meetings at such place in the towns as the electors thereof at their biennial town meeting shall, from time to time, appoint. If no place shall have been fixed for such meet- ing, the same shall be held at the place of the last town meeting in the town or election district, when town meetings of a town are held in election districts. The board of supervisors of any county may, by resolutions, fix a time when the biennial town meetings in such county shall be held, which shall be either on some day between the first day of February and the first day of May, inclusive, or on the first Tuesday after the first Monday in November of an odd numbered year. (Thus amended by chap. 391, L. 1901, and chap. 339, L. 1903.) § II. Changing place of biennial town meeting. — "The electors of a town may upon the application of fifteen electors therein, to be filed with the town clerk twenty days before a biennial town meeting is to be held, determine at such meeting, by ballot, where future town meetings shall be held. Where town meetings in any town are held in separate election districts, the f Town Meetings, Election and Tenure of Officers. 403 electors of each district may, at a biennial town meeting, deter- mine by resolution where its future town meetings shall be held. If any place so designated shall thereafter and before the close of the next biennial town meeting be destroyed, or for any reason become unfit for use, or cannot for any reason be used for such purpose, the town board shall forthwith designate some other suitable place for holding such town meeting in said town or election district as the case may be. The provisions of this section shall not apply to towns in counties where the town meetings are held at the same time as general elections." (Thus amended b\' L. 1898, chap. 363.) *§ 12. Election of officers. — " There shall be elected at the biennial town meeting in each town, by ballot, one supervisor, one town clerk, two justices of the peace, three assessors, one col- lector, one or two overseers of the poor, one, two or three commis- sioners of highways, and not more than five constables ; if there shall be any vacancies in the office of justice of the peace of any town at the time of holding its biennial town meeting, persons shall then also be chosen to fill such vacancies, who shall hold their offices for .the residue of the unexpired term for which they are respectively elected. At town meetings in towns held at the same time as general elections, the names of all candidates for town offices shall be voted for in the same manner and on the same ballot as candidates for other offices voted for thereat. At such town meetings no person shall be allowed to vote for candidates for town offices who is not registered and entitled to vote at such 'This section was also amended by chap. 349, L. 1901. 404 Town Meetings, Election and Tenure of Officers. general election." (Thus amended by chap. 536, L. 1901, and chap. 57, L. 1903.) [Town officers are to be elected by town electors or appointed by town authori* ties. CoDSt., art. lo, ^ 2, ante. Officers to hold over and continue to discharge the duties of their offices after the expiration of their terms until their successors shall be chosen and qualified. Pub. Off. L., $ 5, ante. Nominations are to be made as prescribed by ^^ 56, 57 of the Election Law, ante. Certificates of nom- ination are to be filed with town clerk as prescribed by §§ 58, 59 of Election Law, ante. Registration of electors not required for town elections. § 33, subd. 4, Election Law, ante. But when town meetings are held at same time as general elections no person shall be allowed to vote who is not registered. See last sentence of above section. Ballots are to be prepared as prescribed by §§ 81, 83, Election Law, ante. The expenses of printing ballots, providing furniture and stationery are a charge upon the town. § 18, Election Law, ante."] *§ 13. Term of office. — Supervisors, town clerks, assessors, com- missioners of highways, collectors, overseers of the poor, inspec- tors of election and constables, when elected, shall hold their re- spective offices for two years. But whenever there is or shall be a change in the time of holding town meetings in any town, persons elected to such offices at the next biennial town meeting after such change shall take efifect, shall enter upon the discharge of their duties at the expiration of the term of their predecessors, and serve until the next biennial town meeting thereafter or until their successors are elected and have qualified. Whenever the time of holding town meetings in any town is changed to the first Tuesday after the first Monday in November, except when changed as provided in section forty-three of this chapter, the town officers elected thereat shall take office on the first day of January succeeding their election. Except that the collector elected at such town meeting in nineteen hundred and three and biennially thereafter shall take office immediately upon his elec- tion and qualification as prescribed by law. All town officers hereafter elected at a biennial town meeting held at any time be- * Section also amended by chap. 191, L. 1901. Town Meetings, Election and Tenure of Omicers. 405 tween the first day of February and the first day of May shall, in case a board of supervisors thereafter adopts a resolution chanj^- ing the time of holding such biennial town meetings to the first Tuesday after the first Monday in November hold office until the first day of January succeeding the biennial town meeting first held pursuant to such a resolution. But the collector in each such town shall complete the duties of his office in respect to the collection of taxes, and the payment and return thereof, upon anv warrant received by him during his term of office, notwithstand- ing the election of his successor. (Thus amended by chap. 391, L. 1901.) § 14. Justice of the peace. — " There shall be four justices of the peace in each town, divided into two classes, two of whom shall be elected biennially. Such justices shall hold office for a term of four years commencing on the first day of January suc- ceeding their election." (Thus amended and renumbered by Laws 1897, chap. 481,) The electors of the several towns shall at their annual town meeting, or at such other time and in such manner as the legislature may direct, elect justices of the peace, whose term of office shall be four years. In case of an election to fill a vacancy occurring before the expiration of a full term, they shall hold for the residue of the unexpired term. Their number and classification may be regulated by law. {Co)ist., § 17, art. 4, ante.) § 15. Commissioners of highways. — The electors of such town may, at their biennial town meeting, determine by ballot whether there shall be elected in their town one, two or three commis- sioners of highways. Whenever an}^ town shall have determined upon having two or three commissioners of highways and shall desire to have but one, the electors thereof may do so by a vote by ballot taken at a biennial town meeting, and when such propo- sition shall have been adopted no other commissioner shall be elected or appointed until the term or terms of those in office, at the time of adopting the proposition shall expire or become va- cant and they may act until their terms shall severally expire or become vacant as fully as if two or three continued in office. When there shall be but one commissioner of highways in any town, he shall possess all the powers and discharge all the duties of commissioners of highways as prescribed by law. In towns of less than two square miles in area, where five-sixths of the terri- tory shall consist of an incorporated village or villages, the office of highway commissioner is hereby abolished, and in towns of more than two square miles in area and less than fourteen square 4o6 Town Meetings, Election and Tenure of Officers. miles in area, where two-thirds of the territory shall consist of an incorporated village or villages, the town boards shall have the power and authority, by a majority vote, at any regular meeting of such town boards, to abolish the office of highway commissioner or commissioners, and when so abolished shall file a certificate of such abolition signed by the supervisor and town clerk of such towns in the offices of the town clerk and the clerk of the county in which such town is located, and the powers and duties heretofore performed by him or them, shall devolve upon the town board of such town together with such further power and authority over highways, streets and bridges, as are now possessed by or that may be hereafter granted to boards of trus- tees of villages of the third class. The provisions of this act shall not affect or abridge the term of office of any highway com- missioners elected prior to the passage of this act. No town working the highways under the money system of taxation and where the office of highway commissioner is abolished by virtue of this section shall be excluded from the benefits of section fifty-three of the general highway law. (Thus amended by L. 1901, clwp. 583, cJiap. 57, L. 1903, and chap. 209, L. 1905, in effect April 17, 1905.) § 16. Overseers of the poor. — " The electors of each town may, at their biennial town meeting, determine by resolution whether they will elect one or two overseers of the poor, and the number so detennined upon shall be thereafter biennially elected for a term of two years. Whenever any town shall have determined upon having two overseers of the poor, the electors thereof may determine by a resolution at a biennial town meeting, to thereafter have but one, and if they so determine thereafter no other over- seer shall be elected or appointed, until the term of the overseer continuing in office at the time of adopting the resolution shall expire or become vacant, and the overseer in office may continue to act until his term shall expire or become vacant. The electors of any town may, at any biennial or regularly called special term meeting on the application of at least twenty-five resident tax- payers whose names appear upon the then last preceding town assessment-roll, adopt by ballot a resolution that there shall be appointed in and for such town one overseer of the poor. If a majority of the ballots so cast shall be in favor of appointing an overseer of the poor, no overseer of the poor shall thereafter be elected in such town except as hereinafter provided ; and the over- seers of the poor of such town elected at the town meeting at Town Meetings, Election and Tenure of Officers. 407 which such resolution is adopted or who shall then be in office shall continue to hold office for the terms for which they were respectively chosen; and within thirty days before the expiration of the term of office of such elected overseer whose term expires latest, the town board of such town shall meet and appoint one overseer of the poor for such town who shall hold office for one year from the first day of May next after his appointment; and annually in the month of April in each year thereafter an overseer of the poor shall be appointed by the town board of such town for the term of one year from the first day of May next following- such month of April. Each overseer of the poor so appointed shall execute and file with the town clerk an official undertaking in such form and for such sum as the town board may by resolu- tion require and approve. An overseer of the poor, so appointed, shall not hold any other town office during the term for which he is so appointed, and if he shall accept an election or appointment to any other town office he shall immediately cease to be an over- seer of the poor. If a vacancy shall occur in the office of an over- seer of the poor, so appointed, such vacancy shall be filled by the town board, by appointment for the balance of the unexpired term. The compensation of an overseer of the poor, so appointed, shall be fixed by the town board of such town, but shall not exceed, in any one year, the sum of one thousand dollars, and shall be a town charge. At any subsequent town meeting after the expira- tion of three years from the adoption of a resolution by any town to appoint an overseer of the poor, the electors of the town may determine by ballot to thereafter elect one or more overseers of the poor, and if they determine so to elect, then at the next bien- nial town meeting thereafter one or more overseers of the poor shall be elected in pursuance of the laws regulating the election of overseers of the poor, and the term or terms of the overseer or overseers first so elected shall commence upon the expiration of the term of office of the overseer of the poor last theretofore ap- pointed in pursuance of law, and shall expire as though each such term commenced at the time of election; and their successors shall thereaftei^ be elected in pursuance of law." {Thus amended and renumbered by La7vs 1897. chap. 4R1.) 4o8 Town Meetings, Election and Tenure of Officers. § 1 8. Ballots for full terra and vacancies. — " When the elec- tors of any town are entitled to vote for a justice of the peace, to fill a vacancy caused otherwise than by expiration of term, each elector may designate upon his ballot the person intended for a full term and for a vacancy, and if there are two vacancies, they may be designated as the longer and the shorter vacancy ; and if three vacancies, the longer, shorter and shortest vacancy, and each person having the greatest number of votes with reference to each designation, shall be deemed duly elected for the term or vacancy designated. If ballots are voted without designation, the first name on the ballot shall be deemed as intended for the full term of the office voted for, the second name for the longer vacancy, the third name for the shorter vacancy and the fourth name for the shortest vacancy. The provisions of this section shall apply to new towns erected ; and officers to be elected in such towns, except for a full term, shall be deemed elected to fill vacancies. (Thus amended and renumbered by Laws 1897, chap. 481.) § 19. Justices in new towns. — If there be one or more justices of the peace residing in a new town, when erected, they shall be deemed justices of the peace thereof, and shall hold their offices according to their respective classes; and only so many shall be elected as shall be necessary to complete the num- ber of four for the town. (Thus amended and renumbered by Laws 1897, chap. 481.) § 20. When more than four justices may hold office. — If by the erection of a new town, or the annexation of a part of one town to another, there shall at any time be more than four justices of the peace residing in any town, they shall hold and exercise their offices in the town in which they reside, according to their classes respectively ; but on the expiration of the tern> of office of two or more justices, being in the same class, only one person shall be elected to fill the vacancy in that class. When- ever by the erection of a new town, or the annexation of a part of one town to another, any town shall be deprived of one or more justices of the peace, by their residences being within the part set off, the inhabitants of such town shall, at its next annual town meeting, supply the vacancy so produced in the classes to Town Meetings, Election and Tenure of Officers. 409 which such justices belong. (Thus renumbered by L. 1897, chap. 481,) § 21. Terms of office of town officers elected in spring of 1898 and 1899. — There shall be elected at the town meeting in each town, in the spring of eighteen hundred and ninety-eight, one su- pervisor, one town clerk, one highway commissioner, one assessor, one collector, one or two overseers of the poor, not more than five constables and two inspectors of election for each election dis- trict, all of whom shall hold office for a term of one year. At the town meeting to be held in the spring of eighteen hundred and ninety-nine, all of such officers shall be elected in the manner and for the terms prescribed in this act. There shall be elected at the town meeting to be held in the spring of eighteen hundred and ninety-eight, one justice of the peace for a term of four years, beginning on the first day of January, eighteen hundred and ninety-nine. At the town meeting to be held in the spring of eighteen hundred and ninety-nine, there shall be elected two jus- tices of the peace for a term of four years beginning on the first day of January, nineteen hundred ; and at the biennial town meet- ings thereafter held there shall be elected two justices of the peace for a like term, beginning on the succeeding first day of January. At the town meeting to be held in the spring of eighteen hundred and ninety-nine, there shall be elected three assessors, two for a full term of two years and one for a term of one year beginning at the expiration of the term of office of the assessor, whose term will expire in the spring of nineteen hundred. At every biennial town meeting thereafter held, three assessors shall be elected for a term of two years. If in any town there are three commission- ers of highways, there shall be elected at the town meeting to be held in the spring of eighteen hundred and ninety-nine, three commissioners of highways, two for a term of two years and one for a term of one year, beginning at the expiration of the term of office of the commissioner whose term will expire in the spring of nineteen hundred. At every biennial town meeting thereafter held in any such town, three commissioners of highways shall be elected for a term of two years. The provisions of this act shall not aflfect or abridge the term of office of any town officer elected prior to the passage of this act. In those towns where boards of town auditors have been established by law and are in existence 4IO Town Meetings, Election and Tenure of Officers. at the time of holding of the annual town meeting in the spring of eighteen hundred and ninety-eight, the person elected to the office of town auditor, at the said annual town meeting in the spring of eighteen hundred and ninety-eight, whether so elected before or after the passage of this act shall hold office for the term of one year beginning at the expiration of the term of office of the auditor whose term of office will expire in the spring of eighteen hundred and ninety-eight. At the biennial town meeting held in the spring of eighteen hundred and ninety-nine, in those towns where boards of town auditors have been so established there shall be elected three town auditors, two for a full term of two years and one for a term of one year beginning at the expiration of the term of office of the auditor whose term of office will expire in the spring of nineteen hundred. At every biennial town meet- ing thereafter held in those towns where boards of town auditors have been established, as provided by law, three town auditors shall be elected, for a term of two years. {Thus amended by cha^. 474, L. 1898.) (Temporary section to secure uniformity in term of office.) § 22. Powers of biennial town meetings. — " The electors of each town may, at their biennial town meeting : " I. Determine what number of constables, not exceeding five, and pound-masters shall be chosen in their town for the then ensuing two years ; " 2. Elect such town officers as may be required to be chosen ; " 3. Direct the prosecution or defense of all actions and pro- ceedings in which their town is interested, and the raising of such sum therefor as they may deem necessary ; " 4. Take measures and give directions for the exercise of their corporate powers ; " 5. Make provisions and allow rewards for the destruction of noxious weeds and animals as they may deem necessary, and raise money therefor ; " 6. Establish and maintain pounds at such places within their town as may be convenient ; " 7. Direct public nuisances in their town, aflFecting the security of life and health, to be changed, abated or removed, and raise a sum of money sufficient to pay the expense thereof; Town Meetings, Election and Tenure of Officers. 411 ** 8. Make from time to time such prudential rules and reg- ulations, as they may think proper, for the better improving of all lands owned by their town, in its corporate capacity, whether common or otherwise ; for maintaining and amending partition or other fences around or within the same, and directing the time and manner of using such land ; " 9. Make like rules and regulations for ascertaining the suf- ficiency of all fences in such town and for impounding animals ; impose such penalties on persons offending against any rule or regulation established by their town, excepting such as relate to the keeping and maintaining of fences, as they may think proper, not exceeding ten dollars for each offense, and apply the same, when recovered, in such manner as they may think most conducive to the interests of their town ; " 10. In towns bound to support their own poor, direct such sums to be raised, as they may deem necessary, for such purpose, and to defray any charges that may exist against the overseers of the poor in their town ; "11. Determine any other question lawfully submitted to them; " Every order or direction, and all rules and regulations made by any town meeting, shall remain in force until the same shall be altered or repealed at some subsequent town meeting." (Thus amended and renumbered by L. 1897, chap. 481.) § 23. Special town meetings. — " Special town meetings shall also be held whenever twenty-five taxpayers upon the last town assessment-roll shall, by written application addressed to the town clerk, require a special town meeting to be called, for the pur- pose of raising money for the support of the poor; or to vote upon the question of raising and appropriating money for the construction and maintenance of any bridges which the town may be authorized by law to erect or maintain ; or for the purpose of determining in regard to the prosecution or defense of actions, or the raising of money therefor ; or to vote upon any proposition which might have been determined by the electors of the town at the last annual town meeting, but was not acted upon thereat : or to vote upon or determine any question, proposition or resolu- tion which may lawfully be voted upon or determined at a speciat town meeting. Special town meetings may also be held upotr the like application of the supervisor, commissioner of high- 412 Town Meetings, Election and Tenure of Officers. ways, or overseers of the poor, to determine questions pertain- ing to their respective duties as such officers, and which the electors of a town have a right to determine. An application and notice heretofore made and given for a special town meet- ing to be hereafter held for a purpose not heretofore authorized by law, but now authorized by law, shall be as valid and of the same force and effect as if such purpose had been authorized by law at the time of such application and notice." (Thus amended by Laws 1894, chap. 280, and renumbered by L. 1897, chap. 481.) Town meetings may vote sum of money for town house. § 190, Town Law. May vote for erection of lock-up. § 192, Town Law. May choose trustees of burial grounds. § 193. § 24. Notices of town meetings. — " No previous notice need be given of the biennial town meetings; but the town clerk shall, at least ten days before the holding of any special town meet- ing cause notice thereof under his hand, to be posted conspicu- ously in at least four of the most public places in the town ; which notices shall specify the time, place and purposes of the meeting." (Thus amended and renumbered by L. 1897, chap. 481.) Notice of the submission of questions must also be given, § 32, Town Law, post. § 25. Presiding officers of town meetings. — " The justices of the peace of each town shall attend every town meeting held therein, except where such town meetings are held at the time of the general elections, and such of them as shall be present shall preside at such meeting, and see that the same is orderly and regularly conducted, and shall have the like authority to preserve order, to enforce obedience and to commit for disorderly con- duct, as is possessed by the board of inspectors at a general elec- tion. If there be no justice of the peace at such meeting, then such person as shall be chosen for that purpose by the electors present, shall preside and shall possess the like powers as justices ; such person appointed shall take the constitutional oath of office, before entering upon his duties as such presiding officer." (Thus amended by L. 1898, chap. 363.) § 26. Clerk of meeting. — " The town clerk last before elected or appointed, or, if he be absent, such person as shall be chosen by the electors present, shall be the clerk of such town meeting, except when held at the time of a general election, and shall Town Meetings, Election and Tenure of Officers. 413 keep faithful minutes of its proceedings, in which he shall enter at length every order or direction, and all rules and regulations made by such meeting ; such person chosen by the electors present shall take the constitutional oath of office before entering upon his duties as such clerk." {Thus amended by L. 1898, chap. 363.) Town clerk to perform duties similar to ballot and poll clerks at general election. At town meetings held at same time as general elections, the elec- tion officers of election districts are to serve. § 2y. Duration of town meeting. — " Town meetings shall be kept open for the purposes of voting in the day-time only, be- tween the rising and setting of the sun, and, if necessary, may be continued by a vote of the meeting during the next day, and no longer, and be adjourned to another place not more than one- fourth of a mile from the place where it was appointed." (Thus renumbered by L. 1897, chap. 481.) § 28. Challenges. — " If any person offering to vote at any town meeting or upon any question arising at such town meet- ing shall be challenged as unqualified, the presiding officers shall proceed thereupon in the manner prescribed in the general election law when challenges are made, which law, with its penalties, is made applicable thereto, and no person whose vote shall have been received upon such challenge shall be again challenged upon any other question arising at the same town meeting." (Thus re- numbered by L. 1897, chap. 481.) § 29. Minutes of proceedings. — " The poll-list and minutes of the proceedings of every town meeting, subscribed by the clerk of such meeting, and by the officers presiding, shall be filed in the ofiice of the town clerk within two days after such meeting and there preserved." (Thus renumbered by L. 1897, chap. 481.) (Ballot boxes used at such town meetings and all ballots voted except the void and protested ballots, and a statement of the number of ballots in such boxes are to be deposited with the town clerk. §111, Election Law, ante. Void and protested ballots are to be enclosed in sealed package, regularly endorsed and filed with minutes of secretary. § iii, Election Law, ante. § 30. Transaction of business not requiring a ballot. — " The business of the towns which requires a vote of the people other- wise than by ballot shall be commenced at twelve o'clock noon of 414 Town Meetings, Election and Tenure of Officers. the day of the annual town meeting and completed without ad- journment. No question involving the expenditure of money^ shall be introduced after two o'clock in the afternoon of the same day. All questions upon motion made at town meetings shall be determined by the majority of the electors voting, and the officers presiding at such meeting shall ascertain and declare the result of the votes upon each question," {Thus renumbered by L. 1897, cJiap. 481.) § 31. Votes to expend over five hundred dollars, — All votes in town meetings upon any proposition to raise or appropriate money or incur any town liability exceeding five hundred dollars shall be by ballot; if five hundred dollars or less may be viva voce, unless ballot is required by the law authorizing the expendi- ture. An elector of a town shall not be entitled to vote by ballot upon any proposition for the raising or appropriation of money, or the incurring of any town liability, unless he or his wife is the owner of property in the town, assessed upon the last pre- ceding assessment roll thereof, {Thus amended by chap. 598, L. 1901.) § ^2. Notice of propositions to be determined by ballot, — " No proposition or other matter than the election of officers, shall be voted upon by ballot at any town meeting, unless the town offi- cers or other persons entitled to demand a vote of the electors of the town thereon, shall at least twenty days before the town meeting, file with the town clerk a written application, plainly stating the question they desire to have voted upon, and request- ing a vote thereon at such town meeting. When town officers, as such, make the application for a vote to raise money for pur- poses pertaining to their duties, they shall file with their applica- tion a statement of their account to date, with the facts and cir- cumstances which, in their opinion, make the appropriation ap- plied for necessary, and their estimation of the sum necessary for the purpose stated, which statement may be examined by any elector of the town, and shall be publicly read by the town clerk at the meeting when and where the vote is taken, at the re- quest of any elector. The town clerk shall, at the expense of his town, give at least ten days' notice, posted conspicuously in at least four of the most public places in town, of any such pro- posed question, and that a vote will be taken by ballot at the town meeting mentioned. He shall also, at the expense of his town, provide a ballot box, properly labeled, briefly indicating the question to be voted upon, into which all ballots voted upon the question indicated shall be deposited. He shall also prepare and have at the town meeting a sufficient number of written or Town Meetings, Election and Tenure of Officers. 415 printed ballots, both for and against the question to be voted upon, for the use of the electors. The vote shall be canvassed, the re- sult determined and entered upon the minutes of the meeting, the same as votes given for town officers." (Thus renumbered by Laws 1897, chap. 481.) Town clerk to furnish ballots, §§ 82. 86, Election Law, ante. Form of ballots, § 83, Election Law, ante. Separate ballot boxes to be provided for questions submitted, § 16, Election Law, ante. § 33. Proclamation of opening and closing polls. — " Before the electors shall proceed to elect any town officer, proclama- tion shall be made of the opening of the polls, and proclamation shall in like manner be made of each adjournment and of the opening and closing of the polls until the election be ended." (Thus amended by Lazvs 1897, chap. 481.) § 34. Erection or discontinuance of pounds. — " Whenever the electors of any town shall determine at an annual town meeting, to erect one or more pounds therein, and whenever a pound shall now be erected in any town, the same shall be kept under the care and direction of a pound-master, to be elected or appointed for that purpose. The electors of any town may, at annual town meeting, discontinue any pounds therein." (Thus renumbered by Laws 1897, chap. 481.) § 35. Election of pound-masters. — " Pound-masters may be elected either (i) by ballot; (2) by ayes or noes, or (3) by the rising or dividing of the electors, as the electors may determine." {Thus renumbered by L. 1897, chap. 481.) § 36. Balloting; electors in incorporated village when not to vote on highway questions. — " When the electors vote by ballot, except in towns where the biennial town meetings are held at the time of general elections, all the officers voted for shall be name3 in one ballot, which shall contain written or printed, or partly written or partly printed, the names of the persons voted for, and the offices to which such persons are intending to be elected, and shall be delivered to the presiding officers so folded as to conceal the contents, and shall be deposited by such officers in a box to be constructed, kept and disposed of, as near as may be, in the manner prescribed in the general election law. When any town shall have within its limits an incorporated village, consti- 4i6 Town Meetings, Election and Tenure of Officers, tuting a separate road district, exempt from the supervision and control of the commissioners of highways of the town, and from payment of any tax for the salary or fees of said commissioners, and from payment of any tax for the opening, erection, main- tenance and repair of any highway or bridge of said town, with,- out the limits of said village, no residents of such village shall vote at any biennial or special election in such town for any com- missioner of highways for said town, nor for or against any appro- priation for the opening, laying out, maintenance, erection or re- pair of any highway or bridge in said town, without the limits of said village. At the biennial elections in such towns, the names of candidates for the office of highway commissioner shall be printed on a different ballot from the one containing the names of candidates for other town offices. Such ballots shall be indorsed ' commissioner of highways/ and shall be de- posited, when voted, in a separate ballot box, which also shall be nirrked ' commissioner of highways.' Such ballots and ballot box shall be furnished by the oiticers now charged by law with that duty at town elections. A poll list shall be kept by the clerk of the meeting on which shall be entered the name of each per- son voting by ballot." (Thus renumbered by L. 1898, chap. 363.) All the provisions of art. 4 of Election Law, ante, relating to ballots, stationery, etc., applicable to town meetings. § 37. Canvass of votes. — At the close of the polls at any town meeting, the canvassers shall proceed to canvass the votes pub- licly at the place where the meeting was held. Before the ballots are opened they shall be counted and compared with the poll list, and the like proceedings shall be had as to ballots folded together, and diflFerence in number as are prescribed in the general elec- tion law. The void and protested ballots, and the voted ballots other than void and protested, shall be preserved and disposed of by the inspectors in the manner provided by section one hun- dred and eleven of the election law. The result of the canvass shall be read by the clerk to the persons there assembled, which shall be notice of the election to all voters upon the poll list. The clerk shall also enter the result at length in the minutes of the pro- ceedings of the meeting kept by him, and shall, within ten days thereafter, transmit to any person elected to a town office, whose Town Meetings, Election and Tenure of Officers, 417 name is not on the poll list as a voter, a notice of his election." {Thus amended by chap. 168, L. 1899.) Proceedings for canvass of vote under general election law, §§ no, 112, Election Law, ante. § 38, Town meetingi in election districts. — The electors of a town may determine by ballot at an annual or special town meet- ing on the written application of twenty-five electors, that town meetings shall thereafter be held in the several election districts of their town, to be therein conducted by the inspectors of elec- tion thereof, instead of the justices of the peace of the town; or may authorize the town board to divide such town into two or more joint election districts, as provided in this section. The town board of any town which has been so authorized may divide such town into two or more joint election districts, for the purpose of holding town meetings therein, but such districts shall be constituted by combining the election districts in such town. If the town board of any town shall divide such town into joint election districts in pursuance of this section, such board shall select from the inspectors of election for such town three inspectors residing therein, not more than two of whom shall belong to the same political party, for each of such election districts as so constituted. Such inspectors shall act at the first town meeting held in such districts thereafter. At the first town meeting held in such districts and annually thereafter, there shall be elected in each of such districts in the same manner, and with the same qualifications as inspectors are elected for a gen- eral election, three inspectors of election for such district. If a town shall hold its town meeting in more than one district, the inspectors of each of such districts shall appoint one poll clerk, and in the conduct of such meetings they shall have the same powers and duties as the justices of the peace and town clerk have at the annual town meetings presided over by them. No town officer shall be required to make or render any report, statement or abstract at a town meeting when held in separate or joint election districts. At the close of the polls, the inspectors shall forthwith publicly canvass the ballot cast, and, without postponement or adjournment, make a full and true statement of the whole number so cast for each and every candidate for an 4i8 Town Meetings, Election and Tenure of Officers. office balloted for, and of the whole number of votes for and against every question or proposition voted upon at such town meeting. The void and protested ballots, and the voted ballots other than void and protested, shall be preserved and disposed of by the inspectors in the manner provided by section one hundred and eleven of the election law. Such statement shall be made in the same form as statements by such inspectors of the votes cast at general elections, and shall be signed by the inspectors and delivered by one of their number, selected by them for that purpose, to the justices of the peace and town clerk of the town, who shall convene and receive the same at the office of the town clerk, on the day next following the town meeting, at ten o'clock in the forenoon. Such justices and clerk shall then and there recanvass such votes from the statements of the in- spectors of the several separate or joint election districts so de- livered to them, and thereupon appoint in writing additional inspectors of election, and read and enter the results in the same manner as required of them at the close of the canvass of a town meeting presided over by them. When the electors of a town have determined to hold their town meetings in separate or joint districts, they may again, upon the written application of twenty- five electors, at an annual town meeting, determine by ballot to return to the former system of holding but one poll at their town meetings, and thereupon their town meetings shall be held at but one polling place in said town, but such changes shall not be made oftener than once in five years. (Thus amended by Laws 1899, chap. 168.) The powers and duties of inspectors of election are the same as at gen- eral elections, §§ 100-114, Election Law, ante. § 39. Transaction of business in separate election districts not requiring a ballot. — " Any proposition to be submitted to and voted upon by the electors of a town at any town meeting, which is not required to be voted upon by ballot, may be submitted to the electors of the town voting in separate or joint election dis- tricts of the town meeting, but the vote upon any such proposi- tion shall be taken by a division of the electors present and voting thereon; and the inspectors shall count the number of electors so voting in favor of such proposition, and the number so voting Town Meetings, Election and Tenure of Officers. 419 against the same, and shall enter in the statement of the result of the town meeting held in such district a statement of the proposi- tion so voted upon, and the number of votes so cast in favor of and against the same, and certify with the statement that they are required to certify and return to the justices of the peace and town clerk of the town. No such proposition shall be so voted upon unless notice that such vote will be taken has been published by the town clerk, at least one week before the town meeting, in a newspaper published in the town, if any ^uch is published therein, and such notice shall also be posted for the same length of time at the place where the poll of the town meeting is to be held, in each separate or joint election district, and shall be publicly read by the inspectors to the voters present before any such vote is taken. Any elector of the town may, by a written application filed with the town clerk at least ten days before the town meeting is to be held, require such notice to be given by the town clerk. Every such proposition shall be submitted to a vote, commencing at the hour of twelve, noon, and continuing until all such propositions have been voted upon, and every such proposition shall be submitted to the vote of the electors of the town at the poll of «svery separate or joint election district in the town." (Thus renumbered byLazvs i8gy, chap. 481.) §42. Town meetings held at the time of general elections; canvass of votes. — If, in any town, the biennial town meeting is held at the sami time as the general election, such town meeting shall be held in the election districts of such town, and be conducted by the inspectors of election thereof. At the close of the polls at any such town meeting, the inspectors shall pro- ceed to canvass the votes for the candidates for the several town offices in the election districts where such town meeting was held, in the same manner as the votes for other candidates cast at the general election are canvassed. They shall make a state- ment of the whole number of votes cast for each candidate for a town ofltice and deliver the same to one of the justices of the peace of the town, and on the Thursday succeeding such town meeting, such votes shall be recanvassed, the additional inspectors of elec- tion in each district shall be appointed, and the result of the elec- tion declared as provided by section thirty-eight of this chapter. In case of a contest or other proceeding in which the validity of 420 Town Meetings, Election and Tenure of Officers. the election of a town officer in any such town, is in controversy, the ballots cast at any town meeting and election may be examined and recounted, as provided by law, in case of other officers elected at general elections. (Thus amended by L. 1901, chap. 391.) Recanvass by town board. — The provisions of this section directing that votes for town officers cast at a biennial town meeting held at the same time as a general election " shall be recanvassed " on the Thursday succeeding such town meeting, when read in connection with such section 38 of the Town Law, do not permit the justices of the peace and the town clerk to make a recanvass to recount the vote ; they must declare the result as it appears from the statements of it made by the inspectors of election, who by statute make the recanvass itself. {Matter of Park, 37 Misc. 133; 74 N. Y. Supp. 915.) § 43. Town may change date of holding town meeting. — A town may change the date of its town meeting to the first Tues- day after the first Monday in November, known as general elec- tion day, by adopting a proposition therefor at a regular town meeting. Such a proposition may be submitted by the town board on its own motion, and shall be submitted by such board on the written application of twenty-five taxable voters of the town. The proposition must be submitted, voted on, and the result canvassed as prescribed by section thirty-two. If it be adopted a certificate to that effect shall be filed by the town clerk within ten days thereafter in the office of the county clerk and also with the clerk of the board of supervisors. If the proposition be adopted the first town meeting shall be held on general election day in the next calendar year, and the terms of all officers, except justices of the peace elected on the day of the adoption of the proposition, shall expire on the day of such first meeting. There- after town meetings in such town shall be held biennially on gen- eral election day in the manner prescribed by this chapter, except that after five years from the first meeting, the town meeting may in like manner change from such general election to any other day authorized by law. The term of office of all officers, except justices of the peace, in a town which under this section changes its town meeting to general election day, shall be two years from the date of their election. (Added by chap. 145, L. 1899.) § 44. When women are qualified to vote. — A woman who pos- sesses the qualifications to vote for town officers, except the quali- fication of sex, and who is the owner of property in the town asessed upon the last preceding assessment-roll thereof, is enti- tled to vote upon a proposition to raise money by tax or assess- ment. {Added by chap. 509, L. 1901.) Qualification of Town Officers, (Article III, Town Law, Chapter 569, Laws of 1890.) § 50. Eligibility of town officers. — " Every elector of the town shall be eligible to any town office, except inspectors of election shall also be able to read or write. But no county treasurer, superintendent of the poor, school commissioner, trustee of a school district, or United States loan commis- sioner shall be eligible to the office of supervisor of any town or ward in this state." § 51. Oath of office. — " Every person elected or appointed io any town office, except justice of the peace, shall before he enters on the duties of his office, and within ten days after he shall be notified of his election or appointment, take and sub- scribe before some officer authorized by law to administer oaths in his county, the constitutional oath of ofifice, and such other oath as may be required by law, which shall be admin- istered and certified by the officer taking the same without reward, and shall within eight days be filed in the office of the town clerk, which shall be deemed an acceptance of the office ; and a neglect or omission to take and file such oath, or a neglect to execute and file, within the time required by law, any official bond or undertaking, shall be deemed a refusal to serve, and the office may be filled as in case of vacancy." § 52. Collector's undertaking. — " Every person elected or appointed to the office of collector, before he enters upon the duties of his office, and within eight days after he receives notice of the amount of taxes to be collected by him, shall execute an undertaking with two or more sureties, to be approved by the supervisor, to the effect that he will well and faithfully execute his duties as collector, pay over all moneys received by him, and account in the manner and within the time provided by law for all taxes upon the assessment-roll of his town delivered to him for the ensuing year, and shall deliver such undertaking to the supervisor of the town." A22 Qualification of Town Officers. § 53. Filing and lien of collectors' undertaking. — "The supervisor shall, within six days thereafter, file the undertaking with his approval indorsed thereon, in the office of the county- clerk, who shall make an entry thereof in a book to be provided for the purpose, in the same manner as judgments are entered of record ; and every such undertaking shall be a lien on all the real estate held jointly or severally by the collector or his sureties within the county at the time of the filing thereof, and shall continue to be such lien, until its condition, together with all costs and charges which may accrue by the prosecution thereof, shall be fully satisfied. Upon a settlement in full be- tween the county treasurer and collector, a certificate of pay- ment shall be executed in duplicate by the county treasurer, one copy to be delivered to the collector and one copy of such certificate shall be filed by the county treasurer in the office of the county clerk, and said county clerk shall then enter a satisfaction thereof in the book in which the filing of said bond is entered and opposite said entry of filing." {TJius amended by Lazvs 1897, cJiap. 323.) § 54. Constable's undertakings. — " Every person elected or appointed to the office of constable shall, before he enters on the duties of his office, and within ten days after he shall be notified of his election or appointment, execute in the pres- ence of the supervisor or town clerk of the town, with at least two sufficient sureties, to be approved by such supervisor or town clerk, an undertaking to the effect that such constable and his sureties will pay to each and every person, who may be entitled thereto, all such sums of money as the constable may become liable to pay on account of any execution which shall be delivered to him for collection ; and also pay each and every person for any damages which he may sustain from or by any act or thing done by such constable by virtue of his office. The supervisor or town clerk shall indorse on the un- dertaking his approval of the sureties therein named, and shall cause the same to be filed in the office of the town clerk within ten days thereafter." § 55. Refusal to serve as overseer of highways or pound- master. — " If any person chosen or appointed to the office of overseer of highways or poundmaster shall refuse to serve, he shall forfeit to the town the sum of ten dollars." % 56. Town officers to administer oaths. — "Any town officer may administer any necessary oath in any matter or proceeding lawfully before him, or to any paper to be filed with him as such officer." § 57. Certificate of election of justices. —" The town clerk of each town shall, within ten days after the election of a justice of the peace has been declared, transmit to the clerk of his county a Qualifications of Town Officers. 423 certificate showing the result of such election under his hand, which shall be presumptive evidence of the facts therein certified." (Thus amended by L. 1898. § 58. Justices' undertakings. — " Every justice of the peace elected or appointed in any of the towns or cities of this state, except the city of New York, and any city whose charter requires such officer to give a bond or undertaking, shall, before he enters upon the duties of his office, execute an under- taking with two sureties to be approved by the supervisor of the town, or the town clerk thereof where the justice of the peace is also supervisor of the town, or the common council of the city in which the justice shall reside, to the effect that he will pay over on demand, to the officer, person or persons entitled to the same, all moneys received by him by virtue of his office, and file the undertaking in the office of the clerk of the city or town in which he resides. Every jus- tice shall also, on or before the fifteenth day of January next succeeding his election, file with the county clerk a certificate of the clerk of the city or town in which he resides, that he has filed such undertaking. Such justice of the peace shall take and subscribe before some officer authorized by law to administer oaths in his county, the constitutional oath of office, upon blanks to be furnished by the county clerk. Such oath shall be in duplicate, one of which shall be filed in the office of the county clerk and one in the office of the town clerk. If elected or appointed to fill a vacancy, at the time existing or in any new town, he shall file such undertaking and certificate and take the oath of office, and enter upon the duties thereof, within fifteen days after notice of his election or appointment. No jus- tice of the peace shall take his oath of office until he shall have filed such certificate with the county clerk. {Thus amended by chap. 398, L. 1901.) §60. Supervisor's undertaking. — " Every supervisor here- after elected or appointed shall, within thirty days after enter- ing upon his office, make and deliver to the town clerk of the town his undertaking, with such sureties as the town board shall prescribe, to the efifect that he will well and faithfully discharge his official duties as such supervisor, and that he •will well and truly keep, pay over and account for all moneys and property, including, the local school fund, if any, belong- ing to his town and coming into his hands as such supervisor; and such undertaking shall after its execution, be presented to the town board for their approval as to its form, and the 424 Qualification of Town Officers. sufficiency of the sureties therein, and until the same shall be so approved, none of the moneys, books, documents, papers or property of the town shall be turned over or delivered to such supervisor elect." §61. Undertaking of commissioner of excise. — "Each commissioner of excise shall, before he enters upon the duties of his office, execute an undertaking to be approved by the supervisor of his town, to the effect that he will pay over ta the supervisor of his town, within thirty days after the receipt thereof, all moneys received by him as such commis- sioner of excise, which undertaking shall be delivered to the supervisor, and by him filed in the office of the town clerk within ten days thereafter," § 62. Undertaking of overseer of the poor.— "Every person elected or appointed overseer of the poor in any town shall, within ten days after being notified of his election or appointment, execute an undertaking with one or more sureties, to be approved by the supervisor of his town, to the effect that he will faithfully discharge the duties of his office, and will pay according to law all moneys which shall come into his hands as such overseer, which undertaking shall be delivered to the supervisor and filed by him in the office of the town clerk within ten days thereafter." § 63. Undertaking of commissioner of highways. — " Every commissioner of highways shall, within ten days after notice of his election or appointment, execute an undertaking with two or more sureties, to be approved by the supervisor of his town, to the effect that he will faithfully discharge his duties as such commissioner, and within ten days after the expira- tion of his term of office, pay over to his successor all moneys remaining in his hands as such commissioner, and render to such successor a true account of all moneys received and paid out by him as such commissioner, which undertaking shall be delivered to the supervisor, and filed by him in the office of the town clerk within ten days thereafter.'* §64. Resignation of town officers. — "Any three justices of the peace of a town may, for sufficient cause shown to them accept the resignation of any town officer of their town ; and Qualification of Town Officers. 425 whenever they shall accept any such resignation, they shall forth- with give notice thereof to the town clerk of the town." § 05. Filling of vacancies. — " When a vacancy shall occur or exist in any town office, the town board or a majority of them may, by an instrument under their hands and seals, appoint a suitable person to fill the vacancy, and the person appointed, except justices of the peace, shall hold the office until the next biennial town meet- ing. A person so appointed to the office of justice of the peace shall hold the office until the next biennial town meeting, unless the ap- pointment shall be made to fill the vacancy of an officer whose term will expire on the thirty-first day of December next thereafter, in which case the term of office of the person so appointed shall ex- pire on the thirty-first day of December next succeeding his appointment. The board making the appointment shall cause the same to be forthwith filed in the office of the town clerk, who shall forthwith give notice to the person appointed. A copy of the appointment of a justice of the peace shall also be filed in the office of the county clerk before the person appointed shall be au- thorized to act." {Thus amended by Lazvs 1897, chap. 481.) § 6'"i. Form of undertaking, and liability thereon. — " Every un- dertaking of a town officer, as provided by this chapter or other- wise, must be executed by such officer and his sureties and ac- knowledged or proven and certified in like manner as deeds to be recorded, and the approval indorsed thereon. The parties executing such undertaking shall be jointly and severally liable, regardless of its form in that respect, for the damages to any person or party by reason of a breach of its terms." § 67. County clerk to report omissions of town officers. — " The clerk of each county shall make a report to the district attorney of the county, of all omissions by any town officer to make and trans- mit any returns or certificates, which by law they are required to make to such clerk, and the district attorney shall enforce the penalty, by law imposed upon the delinquent officer." § 178. Compensation of town officers. — Town officers shall be entitled to compensation at the following rates for each day act- ually and necessarily devoted by them to the service of the town in the duties of their respective offices, when no fee is allowed by law for the service, as follows : r. [This subdivision provides for the compensation of town supervisors, town clerks, assessors, commissioners of highways, justices of the peace and overseers of the poor, and is therefore omitted.] 2. If a different rate is not otherwise established as herein pro- vided, each inspector of election, ballot clerk and poll clerk is entitled to two dollars per day : but the board of supervisors may establish in their county a higher rate, not exceeding six dollars per day. {Thus amended by chap. 292, L. 1900.) 426 Town Meetings.'' Ctiap. 594. AN ACT to provide for the holding of town meetings and elec- tions in counties of the state having a certain population. Became a law April 28, 189S, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section i. The next town meeting or election at which town officers shall be elected in any county of the state having a popu- lation of over one hundred and fifty thousand and less than one hundred and sixty thousand inhabitants, according to the state enumeration next preceding the passage of this act, shall be held on the first Tuesday after the first Monday in November in the year eighteen hundred and ninety-nine, and biennially thereafter at the same places as general elections in such towns are held. No person shall be entitled to vote at any such town meeting and election unless he is registered and entitled to vote at the general election held at the same time that such town meeting is held. All elective town officers shall be elected at such general election in the same manner and on the same ballot as other officers who may be elected thereat. Certificates of nomination of candidates for town office in any such towns shall be in duplicate, one of which shall be filed with the town clerk of the town, and the other with the clerk of the county wherein such town is located, and if nominated by a political party, at least twenty days and not more than thirty days before such town meeting and election is held, or, if independent nominations at least fifteen days and not more than thirty days prior thereto. The ballots prepared by the county clerk shall include the names of all candidates nominated for town offices in any such towns. The county clerk shall apportion to and charge the several towns in any of such counties with their respective proportionate shares of the expense of the preparation and distribution of such ballots. Town Meetings. 427 § 2. Ballots for the submission of questions or propositions re- lating to town affairs shall be prepared and furnished at the expense of the town by the clerk thereof, as provided in the elec- tion law. Such ballots shall be distributed by the town clerk at the same time and in the same manner as are other ballots to be voted at a general election. § 3. At the close of the polls at any such biennial town meet- ing and election in any such town the inspectors of election shall proceed to canvass the votes for the candidates for the several town 6ffices, and for and against all town propositions duly submitted to the voters of such town in the election districts where such meet- ing and election was held, in the same manner as the votes for other candidates and propositions cast at the general election are can- vassed. The inspectors of election shall perform the same duties with respect to the canvass of the vote and the filing of the returns thereof for such town officers, and all other matters pertaining to the determination of the result of the election as is now provided by law, with respect to the canVass and return of the votes cast for other officers elected at the general election held at the time of the holding of such town meeting and election. The county board of canvassers shall canvass the votes cast at any such town meeting and election for town officers and propositions voted upon at any such town meeting and election^ in the same manner as is provided by law for the canvass of votes cast at general elections. All pro- visions of law relating to the canvass of votes cast at a general election by the county board of canvassers, to the correction of clerical errors, the review of the determination by such board of canvassers, and all other matters pertaining to the canvass of the votes cast at a general election, shall be applicable to the canvass of all votes for such town officers and propositions. The county clerk of any such county shall transmit to the clerk of each town therein a certified copy of the determination of the county board of canvassers as to the election of each own officer and proposition voted for at the town meeting and election held in such town. The county clerk of any such county shall transmit to each person declared by the board of canvassers thereof to be elected to a town office therein a certificate of the determination of such board. Upon the receipt by the town clerk of a certified copy of the certificate of the determination of the countv board of canvassers hereinbefore 428 Town Meetings. mentioned, the town clerk and justices of the peace shall meet and appoint in writing the additional inspectors of election as required by law. No list of nominations of candidates for town offices to be filled at any such biennial town meeting and election, or the result of the official canvass of the votes cast thereat, shall be required to be published. All he provisions of the election law not inconsistent with the provisions of this act shall apply to and govern town meetings and elections held as provided therein. (Thus amended by chap. 205, L. 1900.) § 4. There shall be elected at the town meeting and election to be held in each town in any such county on the first Tuesday after the first Monday in the year eighteen hundred and ninetp-nine, and biennally thereafter; one supervisor, one town clerk, three asses- sors, one or three commissioners of highways, one collector, one or two overseers of the poor, not more than five constables, and two inspectors of election for each election district, all of whom shall hold office for a term of two years beginning on the first day of January, nineteen hundred. There shall also be elected at such town meeting and election and biennially thereafter, two justices of the peace for terms of four years, beginning on the succeeding first day of January. The collectors elected at such town meet- ings and elections shall enter on the discharge of their duties after their predecessors shall have completed the duties of their offices, in respect to the collection of taxes and the return thereof, as now prescribed by law. § 5. The supervisor in each one of the towns in any such county shall, on the last Tuesday in December of each year, account with the justice of the peace and town clerk of the town for the disburse- ment of all moneys received by him. The town board in each of such towns shall meet on the last Tuesday of December of each year for the purpose of receiving the accounts of town officers. The provisions of section one hundred and sixty-one of the town law, relating to the first meeting of the town board, shall apply to the meetings so held in any such town for the receiving of ac- counts of town officers. § 6. This act shall take effect immediately. Town Meetings. 428a Ctiap. 34. AN ACT to provide for the holding of town meetings and elec- tions in counties of the state, having a certain population, and to fix the salaries of supervisors in any such county, and to regulate the powers of such board, and to repeal certain acts and parts of acts. Became a law, February 22, 1901, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section i. The next town meeting or election at which town officers shall be elected in any county of the state having a popu- lation of over one hundred and thirty thousand and less than one hundred and fifty thousand inhab^^^ants, according to the federal enumeration next preceding the passage of this act, held after the first Tuesday of March, nineteen hundred and one, shall be held on the first Tuesday after the first Monday of November in the year nineteen hundred and one, and biennially thereafter at the same places as general elections in such towns are held. No person shall be entitled to vote at any such town meeting and election unless he is registered and entitled to vote at the general election held at the same time that such town meeting is held. All elective town officers shall be elected at such general elec- tion in the same manner and on the same ballot as other officers who may be elected thereat. Certificates of nomination of candi- dates for town office in any such towns shall be in duplicate, one of which shall be filed with the town clerk of the town, and the other with the clerk of the county wherein such town is located, and if nominated by a political party, at least twenty days and not more than thirty days before such town meeting and election is held, or, if independent nominations at least fifteen days and not more than thirty days prior thereto. The ballots prepared by the county clerk shall include the names of all candidates nominated for town offices in any such towns. The county clerk shall appor- tion to and charge the several towns in any of such counties with ^428b Town Meetings. their respective proportionate shares of the expense of the prep- aration and distribution of such ballots. § 2. Ballots for the submission of questions or propositions re- lating to town affairs shall be prepared and furnished at the ex- pense of the town by the clerk thereof, as provided in the election law. Such ballots shall be distributed by the town clerk at the same time and in the same manner as are other ballots to be voted at a general election. § 3. At the close of the polls at any such biennial town meeting and election in any such town the inspectors of election shall pro- ceed to canvass the votes for the candidates for the several town offices, and for and against all town propositions duly submitted to the voters of such town in the election districts where such meeting and election was held, in the same manner as the votes for other candidates and propositions cast at the general election are canvassed. The inspectors of election shall perform the same duties with respect to the canvass of the vote and the filing of the returns thereof for such town officers, and all other matters per- taining to the determination of the result of the election as is now provided by law, with respect to the canvass and return of the votes cast for other officers elected at the general election held at the time of the holding of such town meeting and election. The county board of canvassers shall canvass the votes cast at any such town meeting and election for town officers and propositions voted upon at any such town meeting and election, in the same manner as is provided by law for the canvass of the votes cast at a general election. All provisions of law relating to the canvass of votes cast at a general election by the county board of can- vassers, to the correction of clerical errors, the review of the de- termination by such board of canvassers, and all other matters pertaining to the canvass of the votes cast at a general election, shall be applicable to the canvass of all votes for such town officers and propositions. The county clerk of any such county shall transmit to the clerk of each town therein a certified copy of the determination of the county board of canvassers as to the election of each town officer and proposition voted for at the town meet- Town Meetings. 428c ing and election held in such town. The county clerk of any such county shall transmit to each person declared by the board of can- vassers thereof to be elected to a town office therein, a certificate of the determination of such board. Upon the receipt by the town clerk of a certified copy of the certificate of the determination, of the county board of canvassers hereinbefore mentioned, the town clerk and justices of the peace shall meet and appoint in writing the additional inspectors of election as required by law. No list of nominations of candidates for town offices to be filled at any such biennial town meeting and election, or the result of the offi- cial canvass of the votes cast thereat, shall be required to be pub- lished. All the provisions of the election law not inconsistent with the provisions of this act shall apply to and govern town meetings and elections held as provided therein. § 4. There shall be elected at the town meeting and election to be held in each town in any such county on the first Tuesday after the first Monday of November in the year nineteen hundred and one, and biennially thereafter: one supervisor, one town clerk, three assessors^ one or three commissioners of highways, one collector, one or two overseers of the poor, not more than five constables, and two inspectors of election for each election district, all of whom shall hold office for the term of two years, beginning on the first day of January, nineteen hundred and two. There shall also be elected at such town meeting and election and biennially thereafter, two justices of the peace for terms of four years, beginning on the succeeding first day of January. The col- lectors elected at such town meetings and elections shall enter on the discharge of their duties after their predecessors shall have completed the duties of their offices, in respect to the collection of taxes and the return thereof, as now prescribed by law. § 5. The supervisor in each one of the towns in any such county shall, on the last Tuesday in December of each year, ac- count with the justices of the peace and town clerk of the town for the disbursement of all moneys received by him. The town board in each of such towns shall meet on the last Tuesday in December of each year for the purpose of receiving the accounts 428d Town Meetings. of the town officers. The provisions of section one hundred and sixty-one of the town law, relating to the first meeting of the town board, shall apply to the meeting so held in any such town for the receiving of accounts of town officers. § 6. The members of the board of supervisors of any such county shall receive an annual salary of two hundred and fifty dollars for all services rendered by them excepting such services as shall be a town charge. Each of such supervisors shall also be entitled to mileage at the rate of eight cents per mile for once going and returning from his residence to the place where the sessions of the board shall be held, by the most usual route for each regular and special session. Each supervisor shall receive for his services in making a copy of the assessment roll three cents for each written line for the first one hundred lines, two cents per hundred for the second hundred written lines and one cent per line for all written lines in excess of two hundred and one cent for each line of the tax roll actually extended by him. No other compensation, fee, charge, allowance, perquisite or emolument of any kind or nature excepting for services which are by law a town charge, shall be directly or indirectly charged or received by any supervisor, either as a supervisor or as a mem- ber of the board of county canvassers of any such county, and any supervisor who shall charge, receive or vote for any allow- ance in violation of the provisions of this or the following sec- tion shall be deemed guilty of a misdemeanor and on such con- viction shall forfeit his office and shall, in addition to the punish- ment prescribed by law for misdemeanor, be liable to a penalty of two hundred and fifty dollars. § 7. The said board of supervisors of any such county shall during the first fifteen days of the annual session, fix the annual salary of the clerk of said board, which said salary shall not be increased or diminished for the term, and which salary shall be in full for all services of every name and nature which said clerk shall perform for said board of supervisors or for an^ such county and in full for any and all disbursements and expenses of said clerk, excepting for such disbursements as are made for necessary Town Meetings. 428e supplies for the use of said board of supervisors. Any clerk of said board of supervisors of any such county who shall charge or receive any allowance in violation of the provisions of this section shall be deemed guilty of a misdemeanor and on such conviction shall forfeit his office and shall, in addition to the punishment pre- scribed by law for misdemeanor, be liable to a penalty of two hundred and fifty dollars. § 8. Nothing in this act shall be so construed so as to prevent the holding of a town meeting or election in any of the towns of any such county on the first Tuesday of March, nineteen hundred and one, as now provided by law. No justice of the peace or collector shall be chosen at any election held in any such town on the first Tuesday of March, nineteen hundred and one, ex- cept justices of the peace to fill vacancies. The supervisor and all of the town officers except justices of the peace chosen in any such town on said first Tuesday of March, nineteen hundred and one, or at any time prior to said first Tuesday of March, nine- teen hundred and one, shall hold office to and including Decem- ber thirty-first, nineteen hundred and one, and their several terms of office except justices of the peace shall cease and determine on that day, and their successors shall be chosen as provided in sec- tion one of this act. § 9. All acts and parts of acts inconsistent with the provisions of this act, in so far as they relate to any such county, are hereby repealed. § 10. Tliis act shall take effect immediately. 428f Qualification of Town Officers, Chap. 174. AN ACT to provide for the holding of town meetings and elec- tions in counties of the state, having a certain population. Became a law, March 22, 1901, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section i. The town meetings to be held in any county of the state, having a population of more than one hundred and twenty thousand and less than one hundred and thirty thousand inhabi- tants, according to the federal enumeration next preceding the passage of this act, on the first Tuesday after the first Monday of November in the year nineteen hundred and one, and biennially thereafter, shall be held at the same time and place at which the general election in such towns are held. No person shall be en- titled to vote at any such town meeting and general election un- less he is registered and entitled to vote at the general election held at the same time that such town meeting is held. All elective town officers shall be elected at such general election in the same manner and on the same ballot as other officers who may be elected thereat. The names of the nominees of each party or in- dependent body for town officers shall be printed in said party's column or the column for independent nominations, after the names for the nominees for general officers. Certificates of nomi- nation of candidates for town offices in any such towns shall be filed with the clerk of the county, and the time for filing any certifi- cate of nomination shall be the same as is prescribed in the elec- tion law for filing other certificates of nominations with a county clerk. The ballots prepared by the county cerk shall include the names of all candidates nominated for town offices in any such towns. If any town propositions or questions may lawfully be voted upon at a town meeting held on general election day, an additional ballot box shall be provided marked " box for town propositions," in which shall be deposited the ballots cast on town propositions or questions. Qualification of Town Officers. 428g § 2. The county clerk shall provide all ballots for the submis- sion of town propositions or questions. The expense of printing and delivering the offtcial ballots, sample ballots and cards of in- struction, poll books, tally sheets for inspectors and ballot clerks, and distance markers to be used at a general election in any such town, and of printing the lists of nominations therefor, if the town meeting be held at the same time therewith, shall be ap- portioned by the county clerk between such town and the county in the proportion of the number of candidates for town offices on such ballots respectively to the whole number of candidates thereon and the amount of such expense so apportioned respec- tively to such town and the county and shall be a charge thereon. The expense of preparing and furnishing the official ballots and sample ballots for the submission of town propositions or ques- tions shall be a charge upon the town for which said ballots are furnished. The county clerk shall also furnish inspectors' and ballot clerks' return sheets for making the returns of the elec- tion of town officers and of the vote on town propositions or questions, and stationery and supplies which are usually pro- vided by the town clerk for town meetings held at other times than on a general election day. The county clerk of each county not salaried shall be paid by such county a reasonable compen- sation for his services in carrying out the provisions of this chap- ter, to be fixed by the board of supervisors of the county. § 3. At the close of the polls at any such biennial town meet- ing and election in any such town the inspectors of election shall proceed to canvass the votes for the candidates for the several town offices, and for and against all town propositions duly submitted to the voters of such town in the election districts where such meeting and election was held, in the same manner as the votes for other candidates and propositions cast at the gen- eral election are canvassed. The inspectors of election shall per- form the same duties with respect to the canvass of the vote and the filing of the returns thereof for such town officers, and all other matters pertaining to the determination of the result of the election as is now provided by law, with respect to the canvass 428h Qualification of Town Officers. and return of the votes cast for other officers elected at the general election held at the time of the holding of such town meeting and election. Tlie county board of canvassers shall canvass the vote cast at any such town meeting and election for town officers and propositions voted upon at any such town meeting and election, in the same manner as is provided by law for the canvass of the votes cast at a general election. All previsions of law elating to the canvass of votes cast at a general election by the county board of canvassers, to the correction of clerical errors, the review of the determination by such board o' canvassers, and all other mat- ters pertaining to the canvass of the votes cast at a general elec- tion, shall be applicable to the canvass of all votes for such town officers and propositions. The county clerk of any such county shall transmit to the clerk of each town therein a certified copy of the determination of the county board of canvassers as to the election of each town officer and proposition voted for at the town meeting and election held in such town. The county clerk of any such county shall transmit to each person declared by the board of canvassers thereof to be elected to a town office therein, a certificate of the determination of such board. Upon the re- ceipt by the town clerk of a certified copy of the certificate of the determination, of the county board of canvassers hereinbefore mentioned, the town clerk and the justices of the peace shall meet and appoint in writing the additional inspectors of election as re- quired by law. No list of nominations of candidates for town offices to be filled at any such biennial town meeting and election, or the result of the official canvass of the vote cast thereat, shall be required to be published. All the provisions of the election law not inconsistent with the provisions of this act shall apply to and govern town meetings and elections held as provided therein. § 4. All acts and parts of acts inconsistent with the provisions of this act, in so far as they relate to any such county, are hereby repealed. § 5. This act shall take effect immediate^ Town Meetings. 4281 Chap. 10. AN ACT to provide for the holding of town meetings and elec- tions in counties of the state having a certain population. Became a law, February 4, 1902, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section i. The next town meeting at which town officers shall be elected in any county of the state having a population of over four hundred thousand inhabitants and less than six hundred thousand inhabitants, according to the last federal enumeration, shall be held on the first Tuesday after the first Monday in November in the year nineteen hundred and three and biennially thereafter, at the same places as general elections in such towns are held. No person shall be entitled to vote at any such town meeting or election unless he is registered and entitled to vote at the general election held at the same time that such town meeting is held. All elective town officers shall be elected at such general election in the same manner and on the same bal- lot as other officers who may be elected thereat. Certificates of nomination of candidates for a town office in any such towns shall be in duplicate, one of which shall be filed with the town clerk of the town, and the other with the clerk of the county wherein such town is located, and if nominated by a political party, at least twenty days and not more than thirty days before such town meeting and election is held, or, if independent nom- inations, at least fifteen days and not more than thirty days prior thereto. The ballots prepared by the county clerk shall include the names of all candidates nominated for town officers in any such towns. The county clerk shall apportion to and charge the several towns in any of such counties with their respective proportionate shares of the expenses of the prepara- tion and distribution of such ballots. § 2. Ballots for the submission of questions or propositions relating to town afifairs shall be prepared and furnished at the expense of the town by the clerk thereof, as provided in the election law. Such ballots shall be distributed by the town clerk at the same time and in the same manner as are other ballots to be voted at a general election. An additional ballot box shall be provided, marked " box for town propositions," in 428 j Town Meetings. which shall be deposited the ballots cast on town propositions or questions. § 3. At the close of the polls at any such biennial town meet- ing and election in any such town the inspectors of election shall proceed to canvass the votes for the candidates for the several town offices, and for and against all town propositions duly submitted to the voters of such town in the election dis- tricts where such meeting and election was held, in the same manner as the votes for other candidates and propositions cast at the general election are canvassed. The inspectors of elec- tion shall perform the same duties with respect to the canvass of the vote and the filing of the returns thereof for such town officers, and all other matters pertaining to the determination of the result of the election as is now provided by law, with respect to the canvass of the votes cast at a general election. All provisions of law relating to the canvass of votes cast at 4 general election by the county board of canvassers, to the cor- rection of clerical errors, the review of the determination by such board of canvassers, and all other matters pertaining to the canvass of the votes cast at a general election, shall be applicable to the canvass of all votes for such town officers and propositions. The county clerk of any such county shall trans- mit to the clerk of each town therein a certified copy of the determination of the county board of canvassers as to the elec- tion of each town officer and proposition voted for at the town meeting and election held in such town. The county clerk of any such county shall transmit to each person declared by the board of canvassers thereof to be elected to a town office therein, a certificate of the determination of such board. No list of nominations of candidates for town officers to be filled at any such biennial town meeting and election, or the result of the official canvass of the vote cast thereat, shall be required to be published. All the provisions of the election law not in- consistent with the provisions of this act shall apply to and govern town meetings and elections held as provided herein. § 4. There shall be elected at the town meeting and election to be held in each town in any such county on the first Tuesday after the first Monday of November, in the year nineteen hun- dred and three, and biennially thereafter, one supervisor, one town clerk, three assessors, one or three commissioners of high- ways, one collector, one or two overseers of the poor and not more than five constables. The persons first elected to the various offices above mentioned shall enter upon the discharge of their duties at the expiration of the term of their predeces- sors, and serve until and including December thirty-first, nine- Town Meetings. 428k teen hundred and five. Their successors shall be elected at the biennial election and town meeting held in nineteen hundred and five and biennially thereafter, for the term of two years commencing on the first day of January, succeeding their elec- tion. There shall also be elected at such town meeting and election and biennially thereafter, two justices of the peace for terms of four years, beginning on the succeeding first day of January. The collectors elected at such town meetings and elections shall enter upon the discharge of their duties after their predecessors have completed the duties of their ofifices, in respect to the collection of taxes and returns thereof, as now prescribed by law. § 5. Nothing in this act shall be deemed to supersede or re- peal any provision of chapter eight hundred and sixteen of the laws of eighteen hundred and ninety-five or chapter six hundred and sixty-three of the laws of nineteen hundred and one or any amendments to either of such laws. § 6. This act shall take effect immediately. 4281 Town Meetings. Cbiap. 239. AN ACT to provide for the holding of town meetings and elec- tions in counties of the state having a certain population. Became a law, March 26, 1902, with the approval of the Governor. Passed^ three-fifths being present. The People of the State of New York, represented in Senate and Asseynbly, do enact as follows: Section i. The next town meeting at which town officers shall be elected in any county of the state having a population of over seventy-one thousand inhabitants and less than seventy-five thousand inhabitants, according to the last federal enumeration, shall be held on the first Tuesday after the first Monday in November in the year nineteen hundred and three and biennially thereafter, at the same places as general elections in such towns are held. No person shall be entitled to vote at any such town meeting or election unless he is registered and entitled to vote at the general election held at the same time that such town meeting is held. All elective town officers shall be elected at such general election in the same manner and on the same bal- lot as other officers who may be elected thereat. Certificates of nomination of candidates for a town office in any such towns shall be in duplicate, one of which shall be filed with the town clerk of the town, and the other with the clerk of the county wherein such town is located, and if nominated by a political party, at least twenty days and not more than thirty days before such town meeting and election is held, or, if independent nominations, at least fifteen days and not more than thirty days prior thereto. The ballots prepared by the county clerk shall include the names of all candidates nominated for town officers in any such towns. The county clerk shall apportion to and charge the several towns in any of such counties with their respective proportionate shares of the expenses of the preparation and distribution of such ballots. § 2. Ballots for the submission of questions or propositions relating to town affairs shall be prepared and furnished at the expense of the town by the clerk thereof, as provided in the election law. Such ballots shall be distributed by the town clerk at the same time and in the same manner as are other ballots to be voted at a general election. An additional ballot box shall be provided, marked " box for town propositions," in Town Meetings. 428m which shall be deposited the ballots cast on town propositions or questions. § 3. At the close of the polls at any such biennial town meet- ing and election in any such town the inspectors of election shall proceed to canvass the votes for the candidates for the several town offices, and for and against all town propositions duly submitted to the voters of such town in the election dis- tricts where such meeting and election was held, in the same manner as the votes for other candidates and propositions cast at the general election are canvassed. The inspectors of elec- tion shall perform the same duties with respect to tfie canvass of the vote and the filing of the returns thereof for such town officers, and all other matters pertaining to the determination of the result of the election as is now provided by law, with respect to the canvass of the votes cast at a general election. All provisions of law relating to the canvass of votes cast at a general election by the county board of canvassers, to the cor- rection of clerical errors, the review of the determination by such board of canvassers, and all other matters pertaining to the canvass of the votes cast at a general election, shall be applicable to the canvass of all votes for such town officers and propositions. The county clerk of any such county shall trans- mit to the clerk of each town therein a certified copy of the de- termination of the county board of canvassers as to the elec- tion of each town officer and proposition voted for at the town meeting and election held in such town. The county clerk of any such county shall transmit to each person declared by the board of canvassers thereof to be elected to a town office therein, a certificate of the determination of such board. No list of nominations of candidates for town offices to be filled at any such biennial town meeting and election, or the result of the official canvass of the vote cast thereat, shall be required to be published. All the provisions of the election law not incon- sistent with the provisions of this act shall apply to and govern town meetings and elections held as provided herein. § 4. There shall be elected at the town meeting and election to be held in each town in any such county on the first Tuesday after the first Monday of November, in the year nineteen hun- dred and three, and biennially thereafter, one supervisor, one town clerk, three assessors, one or three commissioners of high- ways, one collector, one or two overseers of the poor and not more than five constables. The persons first elected to the various offices above mentioned shall enter upon the discharge of their duties on the first day of January, nineteen hundred and four, and serve until and including December thirty-first, nine- 428n Town Meetings. teen hundred and five. Their successors shall be elected at the biennial election and town meeting held in nineteen hun- dred and five and biennially thereafter, for the term of two years commencing on the first day of January, succeeding their election. There shall also be elected at such town meeting and election and biennially thereafter, two justices of the peace for terms of four vears, beginning on the succeeding first day of Januarv. The collectors elected at such town meetings and elections shall enter upon the discharge of their duties after their predecessors have completed the duties of their offices, in respect to the collection of taxes and returns thereof, as now prescribed by law. § 5. This act shall take effect immediately. Village Officers and Elections. Article II of Chapter 414, Laws of 1897. OFFICERS AND ELECTIONS. Section 40. Classification of villages. 41. Qualification of voters. 42. Eligibility to office. 43. List of village officers; official year; mode of choOfi« ing; terms of office. 44. Number of trustees. 45. Changing number of trustees. 46. Readjustment of terms of trustees. 47. Determination of future number of trustees. 48. Abolition of existing wards or districts. 49. Election of trustees by wards. 50. Election of police justice. 51. Election of assessors. 52. Election districts. 53. Officers to be elected at annual election. 54. Inspectors of election. 55. Annual elections. 56. Canvass of annual election. 57. Failure to designate terms. 58. Special elections of officers. 59. Submission of propositions; special elections. 60. Votes upon propositions to be by ballot. 61. Official undertakings. 62. Notice to person chosen to a village office. 63. Resignations and removals. 64. Filling of vacancies. 65. Refusal of officer to surrender office. 66. Separate boards of commissioners. (yj. Municipal boards, consolidation. 68. Continuance of separate boards. 69. Continuance of municipal board. 70. Abolition of separate or municipal boards. 71. Books and papers to be open to inspection. 72. Transfer of funds and records. 430 Village Officers and Elections. Section 40. Classification of villages.— Villages are divided into classes according to their population as shown by the latest village enumeration as follows: First class. — Villages containing a population of five thousand or more. Second class. — Villages containing a population of three thou- sand and less than five thousand. Third class. — Villages containing a population of one thousand and less than three thousand. Fourth class. — Villages containing a population of less than one thousand. § 41. Qualification of voters.^ — A voter at a village election, other than the first, must possess the following qualifications: 1. To entith him to vote for an officer, he must be qualified to vote at a town meeting of the town in which he resides, and must have resided in the village thirty days next preceding such elec- tion. 2. To entitle him to vote upon a proposition, he must be enti- tled to vote for an officer, and he or his wife must also be the owner of property in the village assessed upon the last preceding assessment-roll thereof. A woman who possesses the qualifica- tions to vote for village officers, except the qualification of sex, who is the owner of property in the village assessed upon the last preceding assessment-roll thereof, is entitled to vote upon a propo- sition to raise money by tax or assessment. {Thus amended by chap. 509, L. 1 90 1.) § 42, Eligibility to office. — ^A president or trustee, or a fire, water, light, sewer or cemetery commissioner must, at the time of his election and during his term, be the owner of property assessed upon the last preceding assessment-roll of the village; except that a president or trustee elected at the first village election, must be the owner of property assessed upon the last preceding town assessment-roll. Any resident elector is eligible to any other village office. A resident woman, who is a citizen of the United States, and of the age of twenty-one years, is eligible to the office of village clerk or deputy clerk. A person shall not hold two village offices at the same time, except the offices of collector and police constable, or water and light commissioner. Village Officers and Elections. 431 § 43. List of village officers ; mode of choosing; official year; terms of office. — Every village shall have a president, not less than two trustees, a treasurer, a clerk and a street commis- sioner. Except as herein provided, every village shall also have a collector, but a village of the first class may, upon the adoption of a proposition therefor at a special election, determine that no collector shall thereafter be elected therein. A village of the first or second class may also have a deputy clerk, and any village may have a village engineer. There shall be a board of health in each village, consisting of not less than three nor more than seven persons, appointed by the board of trustees of such village, in the manner provided by article two of the public health law. The president, trustees, treasurer, collector, police justice, and assessors shall be elective officers, except that in a village of the first or second class the treasurer may be appointed, upon the adoption of a proposition therefor at a village election. All other village ofificers shall be appointed by the board of trustees, except as otherwise provided herein. In all villages the offices of clerk and street commissioners may be elec- tive, upon the adoption of a proposition therefor at a village elec- tion, and after the adoption o; such a proposition, a proposition may be submitted for the appointment of such officers, at any sub- sequent village election. After :; proposition has been adopted changing the method of filling sucji offices, another proposition changing such method shall not be submitted until after a period of two years from the adoption of such prior proposition. An " official year " begins at noon on the first Monday after the third Tuesday of March, and ends at noon on the same Monday in the next calendar year. The term of office of the president, treasurer, collector, clerk, street commissioner and inspectors of election shall be one official year; of each trustee elected for a full term, two official years, and of a police justice, four calendar years. The term of each village officer, except police justice, begins at noon on the first Monday after the annual election. A full term of the police justice begins on the first day of January succeeding the annual election at which he was elected. After the first election in a village subject to the provisions of this chapter one-half of the trustees shall be elected each year for a full term (Thus amended by chap, 155, L. 1901.) ^^2 Village Officers and Elections. § 44. Number of trustees.— Villages in the several classes shall elect trustees as {ollows: 1. In the first class, not less than two nor more than eight. 2. In the stcond class, not less than two nor more than six. 3. In the third class, two or four. 4. In the fourth class, two. Each village sh^ll always have an even number of trustees. § 45. Changing number of trustees.— Within the limitations herein prescribed, the number of trustees may be changed by adopting a proposition therefor at a special election. If the num- ber be increased, the additional trustees shall be elected at the next annual election. One-half of the additional trustees shall be elected for one year and one-half for two years. If the number of trustees be reduced, such reduction shall not take efifect until the expiration of the terms of the trustees then in office. § 46. Readjustment of terms of trustees.— The terms of the trustees in office at noon on the Monday next following the date of the annual election in the year eighteen hundred and ninety- eight shall then expire. At such election the whole number of trustees which the village is authorized to choose shall be elected, one-half for one year and one-half for two years. This section does not apply to villages hereafter incorporated, and in which an election of officers is held subsequent to September thirtieth, eigh- teen hundred and ninety-seven, and prior to the third Tuesday of Afarch, eighteen hundred and ninety-eight. § 47. Determination of future number of trustees.— If when this chapter takes effect a village not in the fourth class has a greater or a less number of trustees than the number to which it is or may be entitled, a special election may be held therein prior to March first, eighteen hundred and ninety-eight, to determine the number of trustees to be thereafter elected, within the limita- tions herein prescribed. Such special election shall only be held upon the petition of twenty-five electors qualified to vote upon a proposition; and if it be not held, such village shall only elect two trustees at the an- ViLLAGK OtKIC.RS AN1> ELECTIONS. ^^-j nual election in eighteen hundred and ninety-eight, one of wliom shall be elected for a term of one year and one for two years. § 48. Abolition of existing wards or districts.— All divisions of villages into districts, subdivisions or wards, for the purpose of electing trustees, made under a general law and in force when this chapter takes effect, are abolished. § 49. Election of trustees by wards. — A village of the first class or second class may elect trustees by wards upon the adop- tion of a proposition therefor at a special election. If such a proposition be adopted, the board of trustees shall meet within twenty days thereafter and divide the village into wards of a number equal to one-half of the number of trustees which the village has a right to elect. Such wards shall contain a popula- tion as nearly equal as may be, and be of convenient and con- tiguous territory, in as compact form as practicable. The board of trustees shall make a certificate of such division, which shall contain a description of each ward, and shall file the same in the office of the village clerk, and publish it in each newspaper pub- lished in the village, at least twenty days before the next annual election. One trustee shall thereafter be elected annually in each ward, for a full term. If after such a division into wards, the number of trustees in the village be changed, the board of trustees shall, in like man- ner, make a new division into wards. (Thus amended by chap. 290, L. 1905, in effect April 22, 1905.) § 50. Election of police justice-— The office of police justice is continued in every village in which it is now established. A vil* lage may establish the office of police justice by adopting a propo- sition therefor. A village, in which the office of police justice has been established, may abolish such office at an annual election, to take effect upon the expiration of the term of the police justice then in office. § 51- Election of assessors. —The board of trustees shall act as assessors of the village, or may appoint of their number a com- mittee for that purpose, unless separate assessors are appointed or elected as provided by th-is section. If twenty-five electors .-,. Village Officers and Elections. 434 qualified to vote upon a proposition shall present a petition to the board of trustees for the election of separate assessors, it shall submit to the next annual election a proposition therefor, and if such proposition be adopted, shall appoint three persons to be assessors of such village for the terms of one, two and three years, respectively, and thereafter at each annual election, one assessor shall be elected for a full term of three years. In a village of the first or second class, which now has no separate assessors, the board of trustees may, by resolution, direct that three assessors be elected at the next annual election, and they shall be elected accordingly for the terms of one, two and three years, respec- tively. At each annual election thereafter one assessor shall be elected for a full term of three years. A village having separate assessors, when this act took effect, either elective or appointive, may continue to elect or appoint assessors until such village shall decide by a proposition submitted at an annual election to have the board of trustees, or a committee thereof, act as as- sessors. If twenty-five electors qualified to vote upon a proposi- tion, shall present a petition to the board of trustees to abolish separate assessors, it shall submit such proposition to the next annual election, to which it is entitled to be submitted under this act, and if adopted no assessors shall be elected or appointed, except that such village shall continue to elect or appoint as- sessors whose terms of office shall expire with the term of the assessor then in office having the longest term to serve, after which time, the trustees or committee therefrom, shall act as as- sessors. (Thus amended by chap. 195, L. 1898.) § 52. Election districts. — A village, containing not more than eight hundred qualified electors, shall constitute a single election district for village elections. If at an annual election, the number of votes cast for village officers shall exceed eight hundred, the board of trustees may by resolution, adopted at least thirty days before the next annual election, divide such village into election districts, containing not more than eight hundred voters. Such ■f. Village Offici:ieglster8: See " Registry, Boards of." Board of State Canvassers: See " State Canvassers." c. Candidates: emblems to distinguish, selection of 62 contribution of moneys, etc., by, for election 267 list of nominations, defacing, etc 263 errors in, correction of 106 form of 85, 86 posting of 73 publication of 7i form for 85 sent to aldermen and town clerks 73 nomination of 62, 67 official ballots for 89 qualifications of 302 soliciting, penalty for i 274 statement of expenses of 273 form for 88 penalty for neglect to file 273 See, also, " Nomination." General Index. 469 Canvass of votee: page adjournment, prohibited 137 ballots, counting of, commence immediately at close of polls 127 containing too many names marked 131 excess to be drawn and deposited 128 exhibition of, to watchers 133 first count before unfolding 128 folded together, when destroyed 128 in wrong box, not to be rejected, etc 128 method of counting 133 objected to ballots to be marked and counted 133 penalty for marking, during 134 powers and duties of inspectors in counting 129, 133 replacing in box, after counting 137 rules for counting 129, 133 unfolded by chairman only 128 without official indorsement 128 l>oxes, order of opening 127 comparison of poll lists 128 false returns, penalty for making 267 intent of electors, how arrived at 129, 133 proclamation of result 138 form for 154 public canvass and estimate of votes i'27 room used for, lighted 127 .entrance to, to be open 127 statement of canvass 136 ballots to be filed with 136, 137 certified copies of I37 certifying original I37 correction of errors in I57 delivery of copy of, to supervisor, etc I39 to town clerk, etc I39 filing of 139 in New York 139' MO for police department 141 form for 99, lOO, loi, 102, 103 objected to ballots, to be filed with 136 original 136 refusal to certify, grounds for 137 time and place for signing 127 penalty for violation 127 unofficial ballots to be filed with I37 void ballots to be filed with 136, 137 watchers may be present at 113 Cards of instruction: See " Instruction Cards." 470 General Index. Caucus: page See " Primary Elections." Challenges: at elections: additional oaths 125 challengers' names, not to be disclosed 124 examination of persons challenged 124 general oath, if challenge not withdrawn 124 form of 150 inspectors to challenge 124 to challenge powers of 125 minutes of challenges 126 forms of 151 preliminary oath 124 questions on 124 form of 150 qualifications of voter, board to point out 124 right of challenge 117 rejection of votes, upon refusal 124 time for 124 voters registered, may be challenged 117 taking oath, entitled to vote 124, 125 at registry of voters : examination of applicant for registry 46 preliminary oath 46 questions on 44 record of challenges 47 oath for 48 form of 56 refusal to make statement 48 who may challenge , 46 Challengers: permitted to remain outside of guard rail 113 Children: of citizens of the United States 390 minor, of persons naturalized 394 City clerk: ballots, delivery of, to 105 distribution of, by, on election day IDS failure to deliver to, penalty for 264 preparation and furnishing of, by 104 receipts for, delivered by 105 form of 109, no substitutes for official ballots, may prepare 107 General Index. 471 Cities: page ballot machines, use of, in 172 ballots for election in 104 boards of registry, meetings of 32 election districts in, new copies of previous registers for 53 election expenses, city charge 22 election in, date of 2 elections, statements of results of, filing of 139 inspectors of election in 14 list of voters, how prepared in 35, 39 officers, election and terms 298 polling places, designation of 10 registration of voters in 32, 35, 39 special elections in, registry for 40 Citizens of the United States: children of citizens 390 deserters are not 388 faithful service works removal 389 married women are 388 must have been ninety days 375 persons born in Oregon 388 rights of expatriation 389 right to vote of 375 who are ' 388 Citizenship: defined 388 desertion works loss of 389 Collector, town: election of 403 oath of 421 term of 403 undertaking of 421 Color: persons of, have right of suffrage 375 Comptroller: election of 3^1 oath of office 304. 305 removal of 320 resignation of 3^9 state canvasser 169 term of 31 1 undertaking of 305 vacancy, how filled 323. 324 472 General Index. Comxnissioiiers o£ highways: page election of 404 holding over of 404 oath of office of 304, 421 term of office of 404 undertaking of 4^4 vacancy in office of • . •• • 379 Concurrent resolutions: publication of o Congress: districts 361 members of, election of 181, 313 qualifications of 303 resignations of 1°^ vacancies, how filled i8e Constables: appointment of, by inspectors 20 election of 403 execution of election orders by 20 holding over 357 oath of office 421 term of office » 404 undertaking of •• ....:.. • ••• • 422 Constitutions: provisions therein, relating to elections....... 275 Constitutional amendments: ballot box for 21 ballots for 91 notice of submission 5 publication of o, 300 submission of, time for 5, 300 supersede amendment by legislature 301 two legislatures to agree to 300 Contributions: for election purposes, penalty for giving or receiving 267 Conventions : definitions of 57 emblems for ballots, selection of, by 61 misdemeanor at • • 258 nomination at 01 See, also, " Nominations." General Index. 473 CJonvlct: PACB challenge as a 125 disfranchisement of 377 pardon and restoration of 377 penalty for voting 266 when a crime to vote 266 Coroner: election of 314 term of 314 CorporatloziB: forfeiture of charter of 271 influencing voters, etc., by, prohibited 270 pay envelopes, use of, by, to influence voters, prohibited 271 refusal by, of grant of absence of employes, penalty for 263 County: four months in, to vote. . .^ 375 officers, election, etc., of 302 County canvaasera: adjournment of 156, 157, 158 board, how composed 155 canvass of votes, by 156 certificates of election, to transmit 166 chairman of 155 decisions, as to persons elected 165 publication of 165 election district statements, errors in, correction of 157 production of, before board 156 errors by boards, correction of 158 mandamus to compel corrections and performance of duty 159 to compel meeting and organization 156 meetings of 155 organization of 155 quorum of 155 secretary of 155 statements of canvass, certificates of 161, 162 separate statement for each office 162 transmission of, to state officer 161, 166 County clerks: ballots, delivery of, to town or city clerks 105 errors and omissions in, correction of, by 106 number to be furnished districts by 104 providing and printing, duty as to 104 cards of instruction, to provide 96 certificates of election, to deliver 166 474 General Index. County Clerks — Continued: page compensation of, for services 23 constitutional amendments, duty as to 6 convictions for bribery, duty as to 325 distance markers, to provide 96 election of 315 election laws, distribution of, by 24 notice of election, publication of, by 5 oaths, certain, administered by, and filed with 304 list of candidates, sent by, form for 86 to furnish aldermen and clerks 73 nominations, certain, certified to by secretary of state 71 filing of, with 69, 70 list of, form for 85 publication of, by 71 office not to be open on election day 3 registry books, delivery of 52 resignation of 3^9 removal of sg6, 321 secretary of county canvassers I55 statements of canvass, duties as to 162, 166 statements of election expenses filed with 273 term of 3^5 undertaking of 308 See, also, " County Canvassers." County judge: election of 293, 313 special 3^3 term of 313 vacancies in office of 294, 314 County officers: certificate of election of 166 election of 302 election or appointment of 297 oath of office 304, 307 removal of 321 resignations of 3^9 statement of voters for 163 undertakings of 303 vacancies in 323i 326 election and term of office 313-318 County treasurer: election of 3i5 term of 3^5 undertaking of 308 General Index, ^yc Court of Appeals, Judges of: p^^^ age restrictions 202 compensation of 202 judges not to hold other office 292 removals of 292 term of office, election of 291 vacancies, how filled 291 Crimes and misdemeanors: bribery or intimidation of elector in military service 270 candidate's statement of expenses, failure to file 273 certificates of nomination, misconduct as to 263 consideration for franchise, giving 267 receiving 268 conspiring to promote or prevent elections 271 contribution of moneys, etc., for elections 267 corrupt use of position or authority 272 disobedience of lawful commands of inspectors 266 election law, violation of, by public officer 264 election officers and watchers, misconduct of 264 election officers, acting as, without being qualified 264 commands of, refusing to obey 266 misconduct of 264 election supplies, poll lists, etc., removal, mutilation, etc., of 263 electioneering at or near polls 265 elector, obstructing, etc 264 employe, refusal to permit, to attend elections 263 false certificate of naturalization 273 false registration 261 false returns 267 fraudulent certificate in order to register, presenting 274 in order to vote, procuring 273 furnishing money or entertainment to induce attendance at polls.. 267 guard rail, unlawfully going within, etc 265 house dweller, failure of, to answer inquiries 263 illegal voting 266 misdemeanors, certain, in relation to elections 264 political caucuses and conventions 258 newspapers, soliciting for support of 262 official ballots, failure to deliver 264 failure to return 266 marking of 264, 265 misconduct in relation to 263 receiving and delivering unlawfully 266 removal of 265 showing of 265 476 General Index. Crimes and misdemeanors — Continued: face pardon and restoration from 377 political assessments 271 registry, fraudulent certificates for, presenting, etc 274 registry lists, mutilation, destruction or loss of 262 registry officers, misconduct of 262 soliciting candidates to purchase tickets, etc 274 testimony upon prosecution 269 voters, duress and intimidation of 270 voting after conviction of infamous crime 266 voting booth, unlawfully entering, etc 265 voting by inhabitant of another state or country 267 voting more than once 266 voting illegally 200 watchers, misconduct of 264 D. Declination: nominations 73 notice of declination of nomination 74 Deserters: citizenship, deprived of 388 faithful service removes disability 389 right of, to vote 37^ Distance markers: delivery of, to inspectors 106 expense of providing 22 officers to provide It>4 placing of, at polls 112 District attorney: election of 3^4 removal of 296, 299 undertaking of 309 Diatrictfl: See " Election, Assembly, Senate, etc., Distwcts/* Disabled voter: See " Elector." E. Election day: considered as Sunday for banking purposes ■.•-««-»-.-r 3 in public offices 3 county clerk's offices to be closed on 3 courts may sit on 3 general, a public holiday 2 General Index. 477 Election day — Continued: page date of 2 liquor not to be sold on 2 national guard not to parade on 2 sale of property in mortgage foreclosure on 3 sheriflFs' offices to be closed on 3 tolls not to be charged on 2 Election districts: creation, alteration, etc., of 7 maps and boundaries of 9 number of, in state 328 Election, Inspectors of: See " Inspectors of Election." Election officers: See, also, specific subjects, e. g.. Inspectors, Poll Gcrks, etc. acting as, without being qualified 13 additional oath of 119 form of 145 blank form for 96 board of, to be bi-partisan 13, 20 designation and number of 12 duties of, general 114 exempt from civil service regulations 13 general qualifications of 12 in cities 14 appointment and qualifications of 14 certificate of service as 16 exemption from jury duty 17 failure to deliver register 17 to take oath, penalty for 16 neglect of duties, penalty for 17 oaths of 15 removal for cause 16 in towns 17 appointment of 17 compensation of 24 misconduct of 264 neglect to perform duties 261 term of office of 12 to assist illiterate and disabled electors 118 violation of law, by misconduct of 264 Elections: adjournment or intermission prohibited 3 ballot clerks, general duties of II4 478 General Index. Slections — Contintud: page ballots, delivery of, to voters 117 how to mark, for voting 120, 148, 149 objected to, judicial investigation of 120 preparation of, by voter 120 providing of, at public expense 89 unofficial, when may be voted 123 bets or wagers at 275 bribery at 275 bribery, menace, etc., at 267, 270, 275 canvass of votes 127 city elections 2 challenges at 124 challengers at 113 distance markers, placing of II2 electioneering at 1 13 expense of, payment of 22 false returns, penalty for making 267 general election, day of 2 general regulations for ill guard rail, who admitted within 113 inspectors, general duties of 114 laws creating debt, submission of 295 laws, transmission of, to clerks and election officers 24 misdemeanors, in relation to 258, 264 national guard, not to parade during 2 notices of 5 order at, preservation of 20 papers, delivery and filing of, by inspectors 139 poll clerks, general duties of I IS polls, closing of, time of 3 opening of, time of 3 opening of, proclamation on ". 112 opening of, special laws as to 3 proclamation of, result of 138. special, to fill vacancies 3, 4 state superintendent of, in metropolitan district 249 statement of canvass 136 correction of 157 supplies, etc., removal, mutilation, etc., of 263 voting, manner of 122 watchers at 1^3 misconduct of ^"4 Electioneering: within 100 feet of polls, prohibited "3 penalty for ^S General Index. 479 Electors: page announcement of names by, to inspectors 117 assistance for disabled and illiterate voters 118 elector assisting, when 118 record of 126 form for 151 ballots, delivery of, to 114. ii7 marking, for voting 121 marks on not to place other than (X) cross mark 120 penalty for placing 265 preparation of, by 120 return of, and passing outside of rail 123 sample, furnishing of, to 96 showing of. by, penalty for 265 spoiled, replacing of 120 to deliver back before leaving rail 122 unvoted, to return 123 failure to return, penalty for 266 bets or wagers by 275 bribery of 267, 270, 275 booths, occupation of, by 120 challenge of, on application for ballots 124 on application for registry 43 taking oath, entitled to vote 125 disabled voters, assistance for 43, 118 assistants not to influence 119 assistants not to divulge names 1 19 oath of, form for 43. Ii9 disfranchisement of 370 election districts, number in 7 entry of, within guard rail 1 17 free exercise of elective franchise by, not to be interfered with 270 illiterate voter, assistance for 43. "S oath of, form for 43. 118 inducing to vote, penalty for 265 inspectors, may appoint, to fill vacancies, etc 19 intimidation of, penalty for 270 leaving space before voting 123 manner of voting by 122 obstructing voter on way to polls or while attempting to vote 264 personal appearance for registration 39 persons excluded from right of suffrage 48 qualifications of, at primaries 60 for registration 4-2 for voting 42, 275 questions submitted, how to vote upon 121 race, color, etc., not to affect 375 480 General Index. Electors — Continued: page residence of 42, 33i change after registration 43 occupations and conditions, certain not to affect 276 registration of 32 personal appearance, when required 39 qualifications for 42, 275 registry list of 35 right of, to register 42 right to vote, challenge of 1^7 not to be denied 375 statements may be required of, at elections 124 at registration 44 tolls not to be charged on way to polls 3 unofficial ballots, use of by I07 imvoted ballots, to return 123 unregistered voter not to vote Ii7 wrongful voting by 266 Electors of president and vice-president: ballots for Qi certificate of appointment 182 compensation of i°5 disqualifications 304 election of i°2 electoral college, meeting and organization of 182 list of electors for 182 list of persons voted for 184 messengers, appointment of, etc 184 compensation of 184 meeting of 182 president of 182 qualifications 182, 304 secretaries of ^82 statements of votes for 162 vacancies in office 182 vote of electors 183 Emblems: selection of, to distinguish candidates 61, 69 Entertainments : prohibition of ■ 267 Employes: absence for voting, entitled to 127 refusal to permit 263 influencing, by use of pay envelopes, etc., prohibited 271 no reduction from salary or wages 127 General Index. 481 Employers: page bills or placards, posting of certain, by, prohibited 271 pay envelopes, use of, by, to influence voters, prohibited 271 refusing leave of absence to employes, penalty for 263 Expatriation: right of, maintained 389 F. Eelony: See " Crimes," Eoi-ms: ballot clerks, appointment of 27 bills of, for compensation 30 oath of 28 statement of ballots delivered, etc 44, 95 vacancies and absences in office of, filling of 7.^ ballots delivered, receipts for 109, no certificates of nomination 79-84 declination of nomination 86 independent nominations 84 inspectors, appointment of, by electors 26 appointment of by inspectors 26 appointed, oath of 28 bills of, for compensation 30 affidavit thereto 30 chairman's certificate of service in cities 31 designation of, by electors 26 elected, oath of 28 oath of, before opening of polls 119, 145 oath of persons designated to act as 28 vacancies and absences, filling of 26 instruction card 108 lists of nominations 85, 86 memorandum of challenges 152 oath of disabled voters 147 illiterate voters , I47 inspectors 28 general, on challenge 150 preliminary, on challenge 124 questions under ISO party nominations 79. 80, 81, 82, 83 poll clerks, appointment of 27 bill of, for compensation 30 oath of 28 vacancies and absences in office, filling of 27 482 General Index. Forms — Continued: pagb poll list, form for I47 poster or list sent to town clerks or aldermen 86 precept in case of refusal to obey commands of inspectors 29 proclamation of opening of polls I45 result of election I54 receipts for official ballots delivered 109, no statement of canvass •' ^52 statement of election expenses by candidates 88 vacancies in nominations, filling 87 watchers, certificates of appointment of I45 G. Gkneral election: when to be held * a public holiday 2 See, also, Election Day. Governor: election of 288 eligibility 288 pardons and restorations by 377 qualifications for 288 term of office 288 vacancies in office filled by 322 Quard rail: admission within, regulated II3 construction, manner of 22 entry of voters within II9 expense of providing 23 officers to provide 10 preservation of ^^ unlawful presence within, penalty 265 H. Holiday: general election day, a public holiday 2 House dweller: failure of, to answer inquiries, penalty for 263 Illegal voting: See " Crimes." Illiterate voters: assistance for 43> 118 General Index. 4^3 Impeachment: fACE trial of ^3 Independent nominations: See " Nominations." Inspectors of elections in cities: absences and vacancies at meetings, filling of I9 forms for 26 appointment of ^4 certificate of appointment and qualification 16 certificate of service as 16 chairman to prepare 16 making false one, penalty 16 compensation of 23, 24 exempt from civil service regulations 13 from jury duty ^7 failure to deliver register, penalty 17 neglect of duties by, penalty 17 number of ^2 oath of office of ^5 failure to take, penalty 16 form of 28 qualifications of ^^ removal for cause ^^ term of office of ^2 vacancies, filling of ^4 Inspectors of elections in towns: absences and vacancies at meetings, filling of IQ forms for 20, 27 accounts for services, how made out IQ form for 3° appointment of ^7 appointment, to fill vacancies ^^ compensation of ^° bills for 19 form for 3° election of 4o6 exemption from civil service regulations U fees for filing papers and mileage 24 oath of office of 18, 421 form for ^8 qualifications of ^^ term of office of '^ vacancies, filling of, by town board 18 484 General Index. Inspectors of elections, general provisions relating to: page At elections : acting as, without being qualified 14, 264 adjournment or intermission prohibited 3 announcement by, whether voter is registered 114 of name, etc., of voter 117 ballot clerks, appointment of, by i9 ballot boxes, placing of unauthorized matter in, prohibited 112 unlocking and relocking by 112 ballots, delivered to 106 counting of , by 127 delivery of, to voters 117 distribution of, by, at polls 112 entry upon registry upon delivery of 114 exhibition of, to watchers 133 not to deposit certain 123 receipts for 106 form for 109, no receiving of, from voter, by 122 within Ail, to be, at opening of polls Ill board of inspectors, organization of 19 disobedience of command of 266 form in case of 29 meetings of, public 20 misconduct, general 264 one, appointed to receive ballots 114 preservation of order by 20 form used 29 questions before, determined by majority 114 violating election law 264 Canvass of votes by : adjournment of canvass prohibited 127 ballots, excess to be drawn 128 exhibition of, to watcher I33 folded together, when destroyed 128 in wrong box not to be rejected 128 objected to, to be marked I33 without official indorsement not to be counted 128 comparison of poll lists 127 powers and duties of inspectors in canvassing 129-133 proclamation of result 138 form for IS8 Statement of result of canvass : certificates thereto "^27 certified copies to be made 137 General Index. 485 Inspectors of elections, general provisions relating to — Cont. : page Statement of result of canvass : copies to be filed with county clerk 139 to be filed with town or city clerk 139 correction of errors in 157 delivery of, to assessors 139 to supervisors 139 false returns, penalty for making 267 form of 152 chairman of, appointment of 19 challenges, minutes of I26 powers and duties as to 124 names not to divulge 124 checking of names by 114 designation of inspectors to receive ballots 114 distance markers, placing of 112 disabled or illiterate voters, to administer oath to 43, 118, 119 duty of, general 114 false canvass, felony to make 267 guard rail, who admitted within 113 illitearte voter, to administer oath to 43, 118, 119 instruction cards, distribution of, by ill meeting of lii public, to be 20 oath, to take before opening of polls 119 opening of polls by 1 1 1 proclamation of 112 order at elections, to preserve 20 appointment of officers by, to preserve 20 penalty for disobeying 266 permitting persons not entitled to vote, penalty for 264 physical disability of voters, not judges of 119 position of, within enclosed space 1 12 poll clerk, appointment of, by 17, 19 polls, opening and closing of, time for 3 opening of ill proclamation of 112 precept by, to preserve order, form of 29 proclamation of result of canvass 138 register of voters, check mark upon, upon voting 114 to have original at elections m Registration of voters : challenge, of applicant, duty as to 47 disabled and illiterate voters, duty as to 43 meetings for registry 32 misconduct of, penalty 262 486 General Index. ZuBpectors of Election, general provisions relating to— Con/. ; page Registration of voters : naturalization papers, presenting fraudulent, to 274 not to be absent during 33 oath before, false, penalty for 48 preservation of order by 20 qualification of voters for registration 42 questions before, determined by majority 114 registers of voters 35 addition and cancellation of names on 33 certificates to, to attach 49 copies of 50 custody of lists 49 delivery of previous, to 53 preparation of, by 35 selection of, to assist disabled or illiterate voters 118 vacancies at meetings, filling of 19 stubs, to deposit, in box for detached stubs 114 vote, canvassing of 127 voting, manner of 122 Instruction cards: contents of 96 delivery of 106 distribution of, for polling place 105 form of 108 not to be taken down, etc., during elections 112 officers to provide 104 posting of Ill removal, mutilation, etc., of 263, J. Judges: court of appeals, election of 291 not to hold other office 292 to file certificate of age 292 See, also, the various courts. Judicial departments: division of state into 290 Judicial districts: alteration of 290 division of state into 290, 363 eight in number 363 Justices of peace: ballots for 40S certificate of election of 422 General Index. 487 Justices of peace — Continued: paci election of 294, 403 term of 404 undertakings 423 vacancy, how filled 404, 425 Justices of supreme court: See " Supreme Court." L. Laws repealed: schedule of 185 Legislature: extra compensation, not to grant 288 local legislative powers, may confer 288 members of, compensation of 287 not to receive civil appointments 287 time for election of 287 private and local bills, not to pass certain 287 time for assembling 287 vacancies in office filled by 324 who eligible 287 See, also, " Assembly " and " Senate." Lieutenant-governor : election of 288 eligibility 288 term of office 288 resignation of 319 List of voters: See " Registration of Voters." Liquors: election day, not to be sold on 2 places of registry, not allowed at 10 polling places, not allowed at 10 Local judicial officers: election of 294 terms of incumbents 295 Lodging-house keepers in cities of first class: daily register of lodgers 39, 253 returns of 39, 253 penalties for violation 39, 255 488 General Index. M. Member of assembly: page See " Assembly." Metropolitan elections district 249 Misdemeanors: See " Crimes and Misdemeanors." N. National ^ard: not to parade or drill on general election day 2 Naturalization : Africans, etc., to apply to 394 aliens discharged from military service 393 certain persons arriving during minority 394 children, minor 394 declaration of intention and qualifications 391, 395 papers, fraudulent, procuring and presenting 273, 274 residence, term of, continuous, before 394 seamen, foreign 395 state naturalization law 397 courts having jurisdiction 397 fees of officers 401 final application 397 record of 400 notice of application 399 posting of 400 penalty for violation 401 political assessments, payments by, prohibited 401 primary declarations 397 Wavy: absence in, not to disqualify 275 voting in, in time of war 232 Newspapers: selection of, for publication of list of nominations 71 for publication of concurrent resolutions 6 for publication of notices of elections 5 for publication of list of polling places 11 soliciting for support of, penalty for 262 Nominations: certificate of, by secretary of state 71 by committee 61 by party organizations 61 committee named, to fill vacancies 62 forms for 79, 80, 81, 82, 83 General Index. 489 Kominations — Continued: page certificate of, by independent nomination 67 committee named to fill vacancies 69 form for g^ correction of 74 defacing, etc., fraudulently 263 falsely making, filing and receiving of 263 filing of, places of 69 time for 70 forms for 79.84 misconduct as to 263 names on restricted 69 objections to 74 questions as to, how decided 63 suppression of duly filed 263 declination of 73 form for 86 independent nominations 67 list of, errors and omissions in, correction of 106 publication of 71 form for 85 for town clerks and aldermen ■^i^ form for 86 party nominations 61 record of 70 town, village nominations, posting of 72 vacancies in, filling of 74 certificate to be made 75 form for 87 use of pasters in y6 voters may make 67 Notices: elections, by secretary of state and county clerk 5 primary elections 57 o. Oath: ballot clerk 15, 18 form of 28 challenge, oath on 46, 124, 125 disabled voter 43 form for 56 false, penalty for 48 illiterate voter 43 form for 56 490 General Index. O&th— Continued: page inspectors in cities 15 form for 28 inspectors in towns 421 form for 28 poll clerks IS, 18 form for 28 public officers 304 form for 303 neglect to file 307 Officers: See " Public Officers." Overseers of poor: election of 403, 405 terms of 405 undertaking of 424 P. Pardon: an d restoration 377 Party nozninations: See " Nominations." Pasters: See " Ballots." Penalties: See " Crimes and Misdemeanors." Physical disability: defined , 119 See, also, " Disabled Voter." Placards : posting of, in factories, etc 271 Political divisions: state, counties, towns 328 Political year: commencement of 297 Poll clerks: acting as, without being qualified 264 appointment of 14, 18 form for 27 certificate of service as, in cities 16 compensation of 23, 24. General Index. 491 Poll clerk — Continued page duties of, general 120 exempt from civil service regulations 13 from jury duty in cities 17 misconduct of, general 264 number of 12 oath of office of 15, 18 failure to take, penalty 16 form of 28 one to be from each party 13, 20 poll lists, challenges, to designate on 116 comparison of, with register 116 entries therein 116 form of 1 16 memorandum on, as to disabled voters and challenges 116 to have, at opening of polls iii position of, within enclosed space 112 qualification of 12 removal for cause, in cities 16 stubs, report of number on, upon oflfer to vote 116 term of office of 14, 18 vacancies and absence in office of 16, 18, 19 forms for filling 27 violating election law, penalty 264 Poll lists: challenges, to be marked on 116 clerk to have, at opening of polls in comparison of, at close of polls 116, 128 delivery of, by clerks at close of elections 139 entries on 116 filed and preserved 139 form of 147 memorandum as to disabled voters on 116 mutilation, removal or destruction of 263 Polling places: arrangement of 22 ballot boxes for 21 ballots, number of for 104 challenges at 113 compensation for use of 22 designation of rooms for 10 publication of 1 1 electioneering at, prohibited 113, 265 furniture for 10 preservation of ll 492 General Index. Polling T?la.eeB— Continued: page guard rail at 21 liquors not to be sold at or near 12 local laws designating 12 one only in single room 10 persons to be admitted in 113 supplies for 96 county clerk to provide 104 voting booths at 21 injury of 263 watchers to attend 113 See, also, " Polls." Polls: attendance at, furnishing money or entertainment to induce 267 closing of, time of 3 opening of, time of 3, ill proclamation for opening 112 form for 145 See, also, " Polling Places." Poundmasters : election of 415 Presidential electors: See " Electors of President and Vice-President." Primary election law: application to cities of third class and villages 219 ballots, booths, supplies, etc 205 canvass of votes 209 committees and rules and regulation of parties 213 conventions 214 definitions and construction of act 189 enrollment 190 forms 221 jurisdiction of, and review by, courts 217 nomination of candidates 218 option to certain parties 218 primary elections 200 officers 204 repealing clause 220 short title and application of act 188 voting at official primary elections 206 for towns in certain counties 220a Primary elections: additional requirements at 58 canvass of votes at 61 chairman of. duties of 60 conc'uct of 58 General Index. 493 Primary elections — Continued: page definitions of 57 illegal voting at 266 misdemeanor at 258, 264 nomination of candidates at 61 forms of certificate of 79, 83 notice of 57 organization of 58 presiding officers of 58 qualifications of voters at 60 results of, filing 59 watchers at 61 Proclaiuatlon: of special election 4 of result of canvass 138 opening of polls 112 Propositions: notice of submission 5 Public officers: corrupt use of position or authority by 272 election or appointment of 297 duration of office 297 neglect of duty by, penalty for 264 oaths of 304 failure to file 307 qualifications of, general 302 resignations of 319 removal of 297, 320, 321 term, commencement of 318 holding over 318 undertakings 305 failure to file, etc 307 vacancies 3, 323, 327 filling, terms of those , 319 Q. Questions: notice of submission 5 R. Bace: not to affect right to vote 375 Keformatory: persons sent to, not disfranchised 378 494 General Index. Begistration of electors: page Challenge to applicant for registry: challenge affidavit 43 entry on registry 47 examination of applicant 46 name not to be placed on list upon refusal 47 Challenge to applicant for registry: Page. name to added on statement and oath 47 oath to be administered 46 record of 48 Register of voters: accessible to public 49 addition and cancellation of names on 33 additional names, arrangement for 50 blank books for, delivery of 52 certificates to 49, 50 as to number of electors enrolled 52 form for 55 challenges, registry of, in 47, 48 changes in, certificates to 51 change of residence, correction of register 43 copies, of previous, for new districts 53 filing of 50, SI right to make 50 to be retained by inspectors 50 correction of, meetings for 32, 33 custody of 49 delivery of previous, to inspectors 53 examination of 50 forms for 35 instructions for preparing 38 list of electors, by street numbers 36 publication and distribution of 37 mutilation, etc., of, penalty for 50, 262 public copy of 49 remarks to be placed on 38 statement filed by certain persons to be noted on 42 Registration, etc. : certificate of, for elector 41 city registration, meetings for 32 personal appearance required 39 day for, not holiday 43 disabled voters, assistance for 43 elections other than general, registry for 41 elector registering in two districts 41 penalty for 41 General Index. 495 Hegistration of electors — Continued: page Registration, etc. : false registration, penalty for 261 illiterate voters, assistance for 43 laws to be made for 276 meetings for 32 duration of 32 method of registration 39 naturalization papers, fraudulent, penalty for presenting 273 penalty for procuring 273 production of 48 oath, false, penalty for 48 personal appearance in cities and certain villages 39 registry as a condition of voting 117 registry books, copies of previous, for new districts 53 delivery of previous, to inspectors 53 delivery of, to election officers 52 registry officers, misconduct of, penalty for 262 removal, certificate of 41 required by constitution 276 right to register 42 rooms for registry of voters 10 designation of 10 list of, to be published n town elections, not required at 326, 403 town registration, meetings for 32 placing of names on list 39, 40 special election in cities and villages, registry for 33 statement to be filed by certain voters 42 village elections, not required at 326 voters, qualifications of, for registration 42 Bemoval: of officers in certain cases 320, 321 .Bepresentative in congress: districts for election of 3^1 election of 181, 313 qualifications 3^3 resignation of 181 vacancies 181 Besidence: certain conditions and occupations not to affect 276 duration of, for voting purposes 375 what deemed to be 37^ 496 General Index. B€signations: pag« public officers 3^9 Beetoration: pardon and 377 Bight of suffrage: electors, when excluded from yi7 s. Sample ballots: See " Ballots." School commissioner: election of 3^7 term of 2M School comzaissioner districts: list of • 364 School elections: challenges 447 district meetings 445 annual 445 when not held 445 duty of inhabitants, call for 446 proceedings, when illegal 445 powers of 447 election of officers 45i in districts over three hundred 451 illegal voting at 447 new districts 444 first meeting, notice of 444 refusal to serve notice, penalty for 444 special district meetings 445 call for, by commissioner 444 union free school districts 454 annual and special meetings 459 powers of 456 districts over three hundred 459 election of board and clerk in 459 levy of tax 454 qualifications of voters 444 tax for teachers' wages 45* voters, qualifications 44^ School officers: official ballots for 89 General Index. 497 Secretary of state: page blank challenge affidavit, to furnish 43 certificates of elections, to transmit 170 of nominations, filed with 69, 70 concurrent resolutions, publication of, by 6 constitution amendments and other propositions, duty as to 6 county officers elected, record in office of 171 election of 311 election laws, distribution of, by 24 emblem, selection of, by 64 nominations, certificates of, by 71 certificates of, filed with 69 vacancies in, duty as to 75 notice of election by 5 registry book, preparation of, by 52 resignation of 319 removal of 320 state canvass, duty as to 169, 170, 171 term of 311 vacancy in office of 323, 324 Senate: alteration of .• 283 districts, division of state into 277 Senators: state, election of 287 number and terms 277 qualifications for 303 time for elections 287 See, also, " Legislature and United States Senators." Sessions: justices of, abolished 314 Sheriff: election of 297, 314 office not to begin on election day 3 term of 3I4 undertaking of 307 Soldiers and sailors: time and place for voting in time of war 232 Special elections: See " Election." 498 General Index. State board of canvassers: page adjournment of 169 canvass by 161, 169 mandamus to compel correction of errors by 159 meeting of 169 organization of 169 reconvening of, court may compel 162 State engineer: election of 311 qualifications of 289 resignation of 319 removal of 320 term of 311 vacancy 323, 324 State officers: provisions relating to 302 State treasurer: election of 289 resignation of 319 reoval of 320 suspension of 289 term of 289 vacancy, how filled 323, 324 Superintendent of elections: state, for metropolitan elections districts 249 Superintendent of poor: election of 315 oath of 304 resignation of 319 term of 315 undertaking of 309 Supervisors: election of 403 eligibility for 421 local legislative powers 288 oath of 421 private or local bills for election, not to be passed 287 resignations 424 term of 404 undertakings 423 vacancies 425 General Index. 490 Supreme court: p^(,_ judicial districts 2Qo judicial investigation of ballots by 141 justices' certificate of age, to file 292 compensation of 292 election of 290 removal of 292 term of 290 to hold no other office 292 vacancies in office 290 Surrogate: election of 294, 313 special 294, 313 term of 294 vacancies in office of 294 T. Tally sheets: to be furnished election officers 96 form of ^,. ,..,... 97, 98 Tolls: not to be charged after an election day 2 Town board: appointment of inspectors to fill vacancies, by 425 election districts, creation, etc., of 7 ballot machines, adoption of 174 polling places, designation of by 10 Town clerk: ballots, delivery of, to 105 delivery of, to, failure of, penalty for 264 distribution of, by, on election days 106 preparation and furnishing of, by 104 receipts for. . . . ^ 106 form for 109, no clerk of town meeting 412 compensation of, for election services 23 election and term of 403, 404 list of candidates, posting of, by y^ form of 85 sent to 73 nominations filed with 69, 70 record of nominations by 70 substitutes for official ballots, may provide 107 500 General Index. Town meetings: pack biennial, changing place of 402 powers of 410 time and place of 402 ballots for full term and vacancies 408 balloting at 4^5 bi-partisanship in election boards, not required at 277 business in separate election districts, transaction of 418 business not requiring ballot, transaction of 413 canvass of votes 416 challenges at 413 clerk of 412 date of holding, change of 420 duration of 4^3 election districts, town meetings in 417 election of officers at 403 election supplies, etc., removal or mutilation oi 263 expenses of 23 held at time of general election 419 holding of, in certain counties 426, 428a, 428!, 428i, 428I minutes of proceedings of 4^3 notices of 412 propositions to be determined by ballot at 414 poll lists at 416 pounds, erection or discontinuance of, at 415 poundmasters, election of, at 415 presiding officers of 412 absence of 412 proclamation of opening of poll 415 special town meetings 411 vote to expend over five hundred dollars 414 Town officers: assessors 404 ballots for full terms and vacancies 408 compensation of commissioners of highway 404, 424 election of 403 eligibility of 421 justices of peace 404. 4o8 certificates of election of 422 oath of office of 421 oaths, administering of, by 422 omissions of, report of 425 overseers of poor 405 undertaking of 424 General Index. 501 Town otticeTB—Conlinued: pagr overseer of highways, refusal to serve as 422 poundmaster, refusal to serve as 424 resignation of 424 term of office of 404 undertakings, collector's 421, 422 commissioners of excise 424 commissioners of highways 424 constables 422 execution of 425 form of 425 justices 423 liability on 425 overseer of poor 424 supervisor 423 vacancies in, filling of 425 Towns: ballot machines, use of, in 174 ballots for elections in 89 election districts in 7 election districts, new, copies of registry for 53 election expenses, a town charge 22 nominations, posting 73 polling places in, designation of 10 registry of voters in 32 special elections in, registration for 33 enrollment and primary elections 220a Treasurer, State: See " State Treasurer." u Undertakings: neglect to file 307 official, force and effect of 305, 306 See, also, " General Subjects." United States Senators: disqualifications 304 election, time and manner of 312 qualifications 304 term of 313 V. Vacancies in office: ballot clerks 16, 18, 19 county judge 294, 314 creation of 323 502 General Index. Vacancies — Contimtcd: page elective offices generally 323. 324 filling of. ... : 3, 322 - terms of those 3^9 general election, when filled at 3 governor to fill 322 inspectors of election I4. 18, 19 judges of court of appeals 291 justices of supreme court 290 legislature to fill 324 notice of existence of 325 poll clerk 16, 18, 19 representatives in congress 181 special elections, when filled at 4 surrogate 294 Village clerk: ballots for elections, to provide 104 distribution of , by 106 failure to deliver to, penalty for 264 Village elections ballots for 89, 104, 106 bi-partisanship in election boards, not required at 277 expenses, a village charge 22 general law as to 429 nominations, posting 73 Village officers: general law as to 429 Vote: persons convicted of bribery cannot 275 persons convicted excluded from right to vote 275 persons convicted of felony cannot 275 persons entitled to, may be ascertained 390 promises for giving or withholding 275 rejection of, at election 125 residence required 276, 331 right to, not to be denied 375 who entitled to 275 Voters: See " Electors. Voting: by inhabitants of another state 367 illegal a66 General Index. 503 Voting— Continued: pack manner of 122, 276 misdemeanors relating to 264 more than once 266 Voting booths: arrangement of 21 construction, manner of 22 expense of providing 22 guard rail, how placed with reference to 22 injury to, penalty for 263 lighting of 22 number of 21 occupation of, limited 120 officers to provide 10 preservation of 11 supplies for 10, 22 Voting machines: state voting machine commissioners 172 examination of voting machine 173 requirements of voting machine 173 adoption of voting machine 174 experimental use of voting machine 174 providing machines 174 payment for machines 175 form of ballots 175 sample ballots 175 number of official ballots 175 distribution of ballots and stationery 175 tally sheets 176 unofficial ballots 176 opening the polls, independent ballots 176 location of machines, guard rail 177 manner of voting 177 instructing voter 177 disabled voters 178 canvass of vote and proclamation of result 178 Disposition of independent ballots, and preserving the record of the machine 178 application of other articles and penal code 179 when ballot clerks not to be elected 179 number of voters in election districts 179 definitions 179 repeal of laws i8o 504 General Index. W. Watchers at primaries: PAGR relative to • 61 Watchers at polls: ballot boxes, examination of, by, at opening of polls 112 certificate of appointment, form for 14S political parties may appoint 113 may be present within guard rail Il3 misconduct of 204 revealing names voted, penalty for 266 Watchers at registration: appointment, etc • 33 k ^c -^•yojiivDJO- .MVMqniX'v^ mmA' :^\ L/\Lim/?^> UC SOUTHERN REGIONAL LIBRARY I ii!i|iii|ii|iii|iiii{|ii|iiiir AA 000 798 479 / Or' Kimiwi =5J^ Yfrf = '7^! >=•» r m sv^TIj Wa ^■^S' Tt t>^ iiiiiiii M''-.: ;i,ii' -.'^ '■ : >. ^t|!'i. iiii :u>nmi«mn'