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s^r'i ' " ^
7580IH .III
STATE OF NEW YORK
STA"
A^TO-, LENOX I
THE /
/
ELECTIOr^ LAW
BEING CHAPTER 17 OF THE
CONSOUDATED LAWS
CONTAINING
AMENDMENTS OF 1916
TOGETHER WITH .
NOTES AND INSTRUCTIONS
AND
POLITICAL CALENDAR
nSPARED UNDER THE DIRECTION OP
FRANCIS M. HUGO
' >h;pCRETARy OF STATE
ALBANY, N. Y.
1916
\
V
STATE OF NEW YORK
THE
ElECTION LAW
BEING CHAPTER 17 OF THE
CONSOUDATED LAWS
CONTAINING
AMENDMENTS OF !916
TOGETHER WITH
NOTES AND INSTRUCTIONS
AND
POLITICAL CALENDAR
r • « ft
^ ^
PREPARED UNDER THE DIREtTlb?} ' OF
FRANCIS M. HUGO
SECRETARY OF STATE
ALBANY, N. Y.
1916
: »
THE NEW YORK
PUBLIC LIBRARY
ASTOR LLNO>r>ND
Tli-DLN r^' :cOATlONS
R 19:8 L
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• *
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' • •
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v^
POLITICAL CALENDAR
FALL PRIMARY AND GENERAL ELECTION, 1916
Aug. 15 to Aug. 22 Certificales of deaignations to be filed with Secretary
of State and cuatodian of primary records. S 40.
September 4 Last day for filing declinations of designations. § 50.
September 5 Last day for filing new designation after declination.
{ 60.
^September 7 Last day for Secretary of State to transmit to cus-
todians designations filed in his office. § 61.
July 1 Last day for filing list of candidates for election
officers in cities. § 303.
August 7 Designation of polling places in the city of Buffalo.
§ 299.
September 1 Last day for appointment of election officers in cities.
§ 303.
September 5 Designation of polling places for entire State (except
the city of Buffalo). | 299.
September 19 FALL PRIJ^LVRY DAY. Primary held from 7 A. M. to
9 p. M. except in New York City where polls are open
from 3 p. M. to 9 p. H.
September 26 to
Oct. 13 Independent nominations to be filed with Secretary of
State. I 128.
Sept. 26 to Oct. 18 Independent certificates to be filed with board of elec-
tions or county clerk. § 128.
Registration in New York City.
October 9 6:30 P. M. to 10:30 P. M., first day.
October 10 6:30 P. H. to 10:30 P. H., second day.
October 11 6:30 P. M. to 10:30 P. M., third day.
October 12 6:30 P. M. to 10:30 P. u., fourth day.
October 13 6:30 p. M. to 10:30 P. M., fifth day.
October 14 7 a. u. to 10:30 p. H., sixth day.
RegistratioB in Cities (Outside of New York) and Villages of 5,000
Inhabitants or More.
October 13 7 a. m. to 10 p. m., first day.
October 14 7 a. m. to 10 p. it.> second day.
October 20 7 a. jr. to 10 P. M.» third day.
October 21 7 a. M. to 10 P. H., fourth day.
rv]
§ 150.
vi Political CALE^'DAE General Election, 1916
Registration in Districts Other Than Cities or Villages Having 5,000
Inhabitants or More.
October 14 .... 7 A. M. to 10 P. M., first day. \
October 21 7 a. M. to 10 p. H., second day. j
Written objection to any certificate of nomination
may be filed with the officer with whom the original
certificate of nomination is filed, within three days
after such original certificate is filed, except that if
by any independent certificate of nomination any person
is nominated who is then or shall be after the filing
of such independent certificate, the candidate of a
political party for the same office, and the party cer-
tificate has been filed after the independent certificate
was filed, the written objection to the independent cer-
tificate may be filed within three days after the filing
of the party certificate. If such objection be filed,
notice shall be sent by mail to the committee, if any,
appointed on the face of the certificate^ and also to
each candidate placed in nomination by such certificate,
and the question raised by such written objection shall
be heard and determined as prescribed in section 125
of the Election Law. See § 134.
October 18 Last day to file declination of independent
nomination which was filed with Secretary
of SUte. \ § 133
October 20 Last day to file declination of an independent
nomination which was filed with board of
elections.
October 23 Last day for filing oertiflcate of new nomihationa
caused by declination or disqualification, with
Secretary of State and board of elections, f 136.
October 24 Last day for Secretary of State to transmit to board
of elections nominations filed in his office. § 129.
November 1 Last day for publication of nominations in newspapers
except in counties where no daily newspaper is
printed. S 130.
November 1 Last day for transmission of lists of candidates to
town clerks and aldermen of cities by boards of
elections. § 131.
November 4 Last day for list of candidates to be posted by town
clerk or alderman, i 131.
November 7 GENERAL ELECTION DAY. Polls open 6 a. m., polls
doee 6 p. JL
TABLE OF CONTENTS.
PAOC
Political Calendar iii
EifCTTON Law 1
ARTICLE 1.
Short Title; Application; DBFiNinoNS.
Section 1. Short title 2
2. Apptieation 2
3. Definitions 2
ARTICLE 2.
Enrollhsnt of Votbrs.
Section 4. Delivery of enrollment books where registers do not include enroll-
ments
5. Enrollment books where registers do not include enrollments
6. Voting booths and enrollment boxes
7. Enrollment blanks and envelopes
8. Delivery of enrollment blanks to voters who register personally .....
9. Delivery of enrollment blanks to voters where registration is not
personal
10. Enrollment by voters
11. Examination, sealing and custody of enrollment boxes 5
12. Certifieation and secrecy of enrollment where registration is per-
sonal 5
13. Certification and secrecy of enrollment where registration is not
personal 5
14. Opening of enrollment box and completion of enrollment 5
14-a. Correction of enroUment fists 5
14-b. Special enroUment upon becoming of age 5
15. Enrollment for a new political party 5
16. Duplicate enrollment books 5
17. Use of duplicate enrollment books at unofficial primaries 5
18. Use of original enrollment books at official primaries 5
19. Right to enroll and vote at primaries 5
1^-a. Special enrollment after moving 5
20. New enrollment books for changed districts 5
21. EnroUment books to be public records; transcripts of enrollment. ; . t
22. Publication of enrollment 5
23. Judi<nal review of enrollment 5
24. Correction of enrollment with respect to persons not in sympathy
with party 5
25. InvestigatioB of enrollment. ^
[viij
jgiu Table of Contents.
ARTICLE 3.
Pabtt Oboanization. pagb.
Seetion 35. Pavty oommittees 26
36. State oommittee 26
37. County oommittee 26
38. Election of members of state and county committees 26
39. Formation of oommittees other than state or county oonmiittees ... 26
40. Organisation and rules of oommittees 26
41. Review of election of oommittees 26
42. Removal of member of oommittee 26
43. Vacancies in state or county oonmiittees 26
ARTICLE 4.
Pabtt Nominationb and Dssionations.
Section 46. Direct nonunation of candidates for public office 29
46. Designations; how made 29
48. Designations by petition 30
49. Filing of designations 30
50. Declination by person designated 30
51. Certification by secretary of state 30
52. Vacancies in designations, how filled 30
53. Delegates to national party conventions 30
54. Presidential electors 30
55. Existing state and county oommittees continued 30
55-a. Objections to designating petitions 30
56. Contests; judicial review 30
58. Official primary ballot 30
ARTICLE 4-A.
Conduct or Official Priicart Elections; Canvass of Rstubns.
Section 70. Organisation and conduct of official primaries 44
71. Qualifications of voters at official primaries 44
72. Challenges at official primary elections 44
73. Expense of official primaries 44
74. Primary districts, officers and polling places 44
75. Notice of official primaries 44
76. Restrictions as to place of primaries 44
77. Removals from, and filling vacancies in, boards of primary election
officers 44
78. Primary poll clerks and poll books, in primary districts outside of
cities of over one million inhabitants 44
78-a. Primary poll clerks and poll books in cities of over one million
inhabitants 44
79. Ballots, booths, blanks and supplies 44
80. Delivery of ballots and manner of voting 4^
Table of Co!ni:bkts. ii
PACE.
Seetbn 81. Unofficial ballots 44
82. Preparation of ballot by voters 44
83. Persons within the guard-rail 44
84. Watchers; chaUengers; electioneering 44
85. Canvass of votes 44
86. Intent of voters 44
87. Proclamation and statement of result. 44
88. Preservation of records and papers 44
89. Canvass of statements of results; certificates of election to party
position 44
90. Filling vacancies and determination of tie vote after primaries ...;... 44
91. Party nominations for special elections and to fill certain vacancies. 44
92. Unofficial primaries 44
93. Penalty for violation 44
94. Perjury 44
ARTICLE 6.
NoMiNATiNa Cbrtifi gates; Emblbms; Vacancies.
Beetton 121. Certification and filing of nominations for town, village and certain
other offices 63
122. Independent nominations 64
123. Independent certificates of nomination 64
124. Emblems 64
125. Conflict in names or emblems 64
126. Supplying omitted emblems 64
127. Places of filing independent certificates of nomination 64
128. Times of filing independent certificates of nomination 64
129. Certification of nominations by secretary of state 64
130. Publication of nominations 64
131. Lists for town clerks and aldermen 64
132. Posting town and village nominations 64
133. Declination of nomination 64
134. Objections to certificates of nomination 01
135. Filling vacancies in nominations 01
136. Certificates of new nominations 64
137. Death of candidate after printing of ballots; official pasters 64
ARTICLE 0.
Reoxsthatzon of Voters.
Section 150. Meetings .or registration 80
151. Additional meetings for registration 80
152. Conduct of meetings; watchers 80
153. Adding and erasing names on register 80
154. Register of voters 80
155. Register; how arrang d 80
X Table of Contents,
PAGE.
Section 156. Register where personal registration is not required 80
157. Preparation and distribution of registry lists; investigation of false
registration 80
158. Registration in cities and in villages of five thousand Inhabitants. . . 80
159. Registration elsewhere 80
160. Registration for other than general ejections SO
161. Registration for town or village elections 80
162. Qualifications of voters 81
163. Gaining or losing a residence 81
164. Illiterate and disabled voters 81
165. Change of residence within election district 81
166 Registration days not holidays 81
167. Preparation of challenge affidavits 81
168. Form of challenge affidavits 81
169. Challenging applicants for registration 81
170. Investigation into truth of affidavits CI
171. Duplicate books of challenge affidavits 81
172. Disposition of challenge affidavits 81
173. Entry requiring challenge by inspectors 81
174. Production of naturalization papers 81
175. Persons excluded from the suffrage 81
176. Certification of register 81
177. Making up the registers; custody thereof after registration 81
178. Custody and filing of registers after registration in cities of fiist-
clasi. 81
179. Certifying changes in registers 81
180. Custody of registers after election 81
181 . Certifying number of registered voters 81
182. Delivery of blank books for registration; certificates and instruc-
tions 81
182-a. Special instructions to voters to be prepared for the year nineteen
hundred and foiu'teen , . 81
183. Delivery of previous registers and poll books to inspeotors 81
184. Penalties 81
ARTICLE 7.
Board of Elections.
Section 190. Boards of elections established 108
191. Appointment, term and qualification of commissioners of elec-
tions 108
192. Organization of board; rules and reports 109
193. Salaries of commissioners of elections 109
194. Recommendations for appointment of commissioners cf elections. . 109
195. Filling vacancies in board 109
196. Bi-partisan character of board 109
197. Appointment of employees 109
198. General office and branches 109
199. Duty of police to aid board of elections 109
Table of Contents. xi
PAQE.
Section 200. ExpeoMfl of board of elections 109
201. Disposition of registers and unused ballots 109
202. Custodian of primary records 109
203. Official seal 109
204. Filing statement of canvass, tally sheets and poll books 109
205. Notices 109
206. Transfer of records; devolution of powers 109
207. Office hours, rules and regulation ) of boards of elections. 109
208. All records to be public; records of transactions of the boarda of
elections 109
209-a. Article not applicable to Oneida acd Brccme counties 109
ARTICLE 7-A.
CoMMissxoNsa ov Elsctions in tbb Cottntt of Monroe.
Section 210. Commissioner of elections for Monroe county 120
211. Appointment, qualifications and removal oi commissioner 120
212. Appointment, removal and examination of inq>ecton of election ,
poll clerka and ballot clerks 120
213. Office for coromirsicner 120
214. Custody of records 129
215. Employees 120
216. Notices 120
217. Filing papers ; general powers and duties of commissioner 120
218. Purchase of supplies, including voting machines ; expenses of
commissioner 120
219. Apportionment of expenses 120
220. Publication of notices 120
221. Polling places, electim districts, ct cetera 120
222. Voting machines 120
223. Constructicm of article 120
ARTICLE 8.
TlMXS, PliACBS, NOTtCBS, OmCBBS AND EXPENSBS OF ELECTIONS.
Section 290. Date of general election 128
291. Time of opening and closing poll ^ . 128
292. Filling vacancies in elective offices ^ •. • . ^ 128
• 293. Notices of elections 128
294. Notice of submission of proposed constitutional amendments or
other propositions or questions 128
295. Publication of concurrent resolutions, proposing constitutional
amendments and other propositions 128
296. Creation, division and alteration of election districts 128
297. Abolition, consolidation or changing of election districts in towns . . 129
298. Maps and certificates of boundaries of election district ") 129
299. Designation of places for registry and votin;: ..... 129
xii Tabi-e of Contents.
PAGE.
Section 300. Equipment of polling places 129
300-a. Display of American flag 129
301. Publication of list of registration and polling places 129
302. Election ofiicers; designation, number and qualificationfl 129
303. Appointment of election officers in cities 129
304. Authentication of party lists 129
305. Examination as to qualifications 129
306. Party election in the city of New York 129
307. Oath of office; certificate of appointment 129
308. Removab; vacancies; transfers 129
309. Certificates of service; exemption from jury duty; payment 129
310. Special penalties 129
311. Appointment of inspectors of election in towns 129
312. Appointment of poll clerks and ballot clerks in towns. 129
313. Supplying vacancies and absences 129
314. Organization of boards of inspectorj 129
315. Preservation of order by inspectors 129
316. Ballot boxes 129
317. Voting booths and guard-rails 129
318. Apportionment of election expenses 1 29.
319. Fees of election officers and others 129
320. Delivery of election laws to clerks, boards and election officers .... 1 29
ARTICLE 9.
Ballots and Stationery.
Section 330. Official ballots for elections 154
331. Classification of ballots; form of ballots for candidates 154
332. Form of ballot for questions submitted 154
333. Sample ballots, instruction cards and stationery 154
333-a. Additional sample ballots in the year nineteen hundred and four-
teen; distribution of such ballots 154
334. Blank forms for election officers 155
335. Form of ballot clerk's return 155
336. Description of tally sheets 155
337. Forms of return and tally of votes cast for presidential electors. . 155
338. Forms of return and tally of votes for officers other than presi-
dential electors 155
339. Forms of return and tally of votes upon questions submitted 155
340. Number of official ballots 155
341. Officers providing ballots and stationery 155
342. Public inspection of ballots 155
343. Distribution of ballots and stationery 155
344. Errors and omissions in ballots 155
345. Unofficial ballots 155
Table of Contents. xiii
ARTICLE 10.
Conduct of Elections and Cantass op Votes. page.
350. Opening the polls 175
351. Persons within the guard-rail 175
3S2.' Watchers; challengerB; electioneering 175
353. General duties of inspectors 175
354. General duties of ballot clerks 175
355. General duties of poll clerks 175
356. Delivery of ballots to voters 175
357. Assistance to disabled or illiterate voters 175
358. Preparation of ballots by voters 175
359. Manner of voting 175
360. When unofficial ballots may be voted 175
361. Challenges 175
362. Preliminary oath 175
363. General oath and additional oaths 175
364. Record of persons challenged 175
365. Time allowed employees to vote 175
366. Canvass of votes; preparation for canvass ;• 175
367. Comparing poll books and registers; verifying number of ballots . . 175
368. Method of canvassing 175
369. Objections to the counting; disposal of ballots 175
370. Proving the tallies 175
371. General provisions as to canvass 175
372. Statement of canvass to be delivered to police 175
373. Returns of canvass 175
374. Preservation of ballots 176
375. Proclamation of result 176
376. Sealing statements 176
377. Delivery and filing of papers relating to the election; general pro-
visions 176
378. Delivery and filing of papers in the city of New York 176
379. Additional requirements in the metropolitan electicna district 176
380. Delivery and filing of papers in the county of Erie 176
381. Judicial investigation of ballots 176
382. Destruction of books, records and papers relating to the elections. 176
ARTICLE 11.
Voting Mackixes.
Section 390. State voting machine commissioners 202
391. Examination of voting machine > . 202
392. Requirements of voting machine 202
393. Adoption of voting machine * . 202
394. Experimental use of voting machine ., 203
395. Providing machines 203
396. Payment for machines 203
397. Form of ballots 203
xiv Table of CoirTBirTS,
PAGE.
Section 398. Sample ballots 203
399. Number of official ballots 203
400. Preparation of voting machine for deetaon 203
401 . Instruction of election officers. 203
402. Instruction of voters before election 203
404. Distribution of ballots and stationery 203
405. Tally sheets 203
406. Unofficial ballots 203
407. Opening the polls 203
408. Independent ballots 203
409. Location of machines; guard-rail 203
410. Manner of voting 203
41 1. Instructing voters 203
412. Illiterate or disabled voters 203
413. Canvass of vote and proclamation of result 203
414. Disposition of irregular ballots; and preserving the record of the
machine 203
415. Disposition of keys; opening counter comportment 203
416. Provision for re-canvass of vote 203
417. Application of other articles and penal law 203
418. When ballot clerks not to be elected 203
419. Number of voters in election districts 203
420. Definitions 203
421. Saving clause 203
ARTICLE 12.
BOABDB OF CANVA88BII8.
Section 430. Organisation of county board of canvassers 220
431. Production of returns and tally sheets 220
432. Correction of clerical errors in election district statements 220
433. Mandamus to county or state boards of canvassers to correct errors. 220
434. ProoeedingB of state board of canvaasera upon corrected statements
of county boards 220
435. Mandamus to state board to canvaas corrected statements of county
boards 22^
436. Proceedings upon corrected statements 220
437. Statements of canvass by county boards; preservation of protested,
void and wholly blank ballots 220
438. Decisions of county boards as to persona elected 220
439. Transmission of statements of county boards to secretary of state
and board of elections 220
440. Organisation and duties of board of canvassers of the city of New
York 220
44L Organization of state board of caavaaaers 220
442. Canvass by state board 220;
443. Certificates of election 220'
444. Record in office of aecretaiy ol state of county offieen elected 220
Table of Contents. zy
ARTICLE 13.
Umtxd States Sbnators, RBPBSSBNTATnrBB in Conobbbb and Prbsidential
Elbctobs. . p^ojj.
Section 449. United States senators 232
450. Representatives in congress 232
451. Electors of president and vice-president 232
452. Meeting and organization of electoral college 232
453. Secretary of state to furnish lists of electors 232
454. Vote of the electors 232
455. Appointment of messenger 232
466. Other lists to be furnished 232
457. Compensation of electors 232
ARTICLE 14.
State Superintendent or EiiBCTioNs.
Section 471. State superintendent of elections, chief deputy and assistants 235
472. Powers of superintendent, clerks and deputies 235
474. Additional deputies 235
475. Control and powers of deputies; refusal to furnish information. . . . 235
476. Aid by private persons and public officers 235
477. Subpoenas by state superintendent 236
478. Administration of oaths by superintendent and deputies 236
479. Attendance and duties at polling places 236
480. Reports by lodging-house and hotel keepers 236
481. Affidavits by hotel keepers holding liquor licenses 236
482. Filing such reports and affidavits 236
483. Reports by police and certain departments 230
484. List to be furnished if required by the superintendent of elections . . 236
485. Card lists of registered electors 23G
486. Challenge lists 236
487. Salaries and expenses 236
488. Report to governor 236
489. Authority of state superintendent of elections 233
ARTICLE 15.
SOLDIEBS' AND SaILOBS' ELECTIONS.
Section 500. Special polls in time of war 248
501. Genera] register of absent voters 248
502. Poll books and oaths 248
503. Official war ballots 248
504. Official envelopes for war ballots 248
505. Delivery of official war ballots, poll books and envelopes 248
506. Lists of nominations 248
507. Polls of election 248
508. Opening of the polls 248
^ 509. Organisation of ths polls. 248
I 510. Conduct of eluctious 2IS
511. Count of the votes 248
I
zyi Table of Contbnts.
PAOl.
Section 512. Returns not to be rejected because of informality of election 248
513. Disposition of envelopes and ballots 248
514. Canvass by inspectors of election 248
51(. Canvass by county board 248
516. Canvass by state board 248
517. Returns or statements not nuide and filed prior to certain dates
in any year not to be canvassed 248
518. Provisions of penal law relating to crimes against the elective fran-
chise to apply 249
519. Filling vacancies in the office of inspector of elections 249
5|20. Elections may be contested 249
521. General provisions concerning elections to apply 249
522. Copies of this article to be published and distributed 249
ARTICLE 16.
CORBUPT PllACnCBS.
Section 540. Political conunittee defined 241
541. Statement of campaign payments not nuide through political com-
mittee 241
542. Personal expenses defined 263
543. Treasurer of political committee 263
544. Accounting to treasurer or candidate 263
545. Vouchers 263
546. Statement of campaign receipts and payments 263
64T. Campaign contributions to be under true name of contributor 263
549. Filing and preserving statements 263
540. Secretary of state to provide forms 263
550. Contempt proceedings upon default in filing statement 264
551 . Who may maintain proceedings 264
552. Undertaking for costs 264
553. Time within which proceedings must be brought 264
554. Proceedings to be summary 264
555. Preference over other causes 264
556. Appeals 264
557. Subpoenas 264
558. Personal privilege of witnesses 264
559. Conduct of hearing 264
560. Judgment and penalty 264
561. Application of article limited 264
562. Party funds not to be expended for primary purposes 264
ARTICLE 17.
Laws Ripbalbd; When to Takb Effect.
Section 570. Laws repealed 272
571. When to take effect 272
Instructions for guidance of election officers 270 |
Index 299
THE ELECTION LAW
CHAP. 22
AIT ACT in rdation to the elections, constituting chapter seven-
teen of the consolidated laws.
Became a law February 17, 1909, with the approval of the Governor. Passed,
three-fifths being present.
The People of the State of New York, rejjresented in Senate
and Assembly, do enact as follows:
CHAPTER 17 OF THE CONSOLIDATED LAWS
ELECTION LAW
^Article 1. Short title; application; definitions (§§ 1-3).
2. Enrollment of voters (§§ 4-24).
3. Party organization (§§ 35-43).
4. Party nominations and designations (§§ 45-58).
4-a. Conduct of official primary elections; canvass of re-
turns (§§ 70-94).
*4-b. Conventions (§§ 110-114).
5. Nominating certificates ; emblems; vacancies (§§ 121-
137).
6. Registration of voters (§§ 150-184).
7. Board of elections (^§ 190-208).
'7-a. Commissioner of Elections in the county of Mon-
roe (§§ 210-223).
8. Times, places, notices, officers and expenses of elec-
tions (§§ 290-320).
9. Ballots and stationery (§§ 330-345).
10. Conduct of elections and canvass of votes (§§ 350-
381).
11. Voting machines (§§ 390-421).
12. Boards of canvassers (§§ 430-444).
13. United States senators, representatives in congress
and presidential electors (§§ 449-457).
14. State superintendent of elections (§§ 471-489).
15. Soldiers' and sailors' elections (§§ 500-522).
16. Corrupt practices (§§ 540-562).
17. Laws repealed; when to take effect (§§ 570, 571).
1 Schedule of headings amended by chap. 891, Laws of 1911, and chap. 800,
Laws of 1913.
» Article 4-b repealed by chap. 820, Laws of 1913.
sAdded by chap. 7, Laws of 191C
2 The Election Law
ARTICIiE 1
Short Title; Application; Definitions
^Section 1. Short title.
2. Application.
3. Definitions.
§ 1. Short title. This chapter shall be known as the
" Election Law."
§ /£• Application. Except as otherwise herein provided,
articles two, three, four and four-a of this chapter shall be con-
trolling:
1. On the method of enrolling the voters of a party.
2. On the organization and conduct of party committees.
3. On the method of electing members of state and county com-
mittees, and delegates and alternates to national party conven-
tions.
4. On the nomination by parties of all candidates for offices
authorized to be filled at a general election, except town, village
and school distri-ct officers. [As added by chap. 891, Laws of
1911, and amended by chap. 820, Laws of 1913.]
§ 3. Definitions. The terms used in this chapter shall have
the signification herein defined unless other meaning is clearly
apparent in language or context;
1. The term ^* general election '' means the election held on the
Tuesday next succeeding the first Monday in November.
2. The term " official primary " or ^* official primary election "
means a primary election held by a party for the purpose of
nominating candidates for office or, electing persons to party
positions and conducted by the public officers charged by law with
the duty of conducting general elections. An '* unofficial pri-
mary " or " unofficial primary election '' means any other pri-
mary or primary election held by a party or independent body.
3. The term " primary day " means the day upon which an
official primary election is held, as in this chapter provided.
4. The term " fall primary " means the official primary election
held on the seventh Tuesday before the general election.
5. The term " spring primary " means the official primary elec-
^ Schedule of section headings amended by chap. 891, Laws of '1911.
Shobt Title; Application; Definitions S
tion held on the first Tuesday in April in years when a president
of the United States is to be elected.
6. The term " nnit of representation " means any election dis-
trict, town, ward of a city, assembly district, or any other political
subdivision of the state, respectively, which is the unit from which
members of any political committee or delegates to a party con-
vention shall be elected as herein provided.
7. The term *' custodian of primary records " means the officer
or board whose duty it is by the provisions of this chapter to
provide official ballots for general elections.
8. The term " board of elections " shall include a single com-
missioner of elections in a county having such an officer and the
comity clerk in any countv' which by the provisions of this chapter
shall have no such board nor commissioner, except as otherwise
provided in special provisions relating to any such county.
9. The term " party " means any political organization which
at the last preceding election for governor polled at least ten
thousand votes for governor.
10. The term " nomination " means the selection in accord-
ance with the provisions of this chapter of a candidate for office
authorized to bo filled at a general election or at a special election
held to fill a vacancy in such office.
11. The term " designation " means any method in accordance
with the provisions of this chapter by which condidates for party
nominations, or for election as party committeemen or delegates,
may be named in order that they may be placed upon the official
ballot for any official primary election.
12. The term " official primary ballot " means the ballot pre-
pared, printed and supplied for use at an official primary elec-
tion in accordance with the provisions of this chapter.
13. The term " party position " means membership in a party
committee or the position of delegate or alternate to a national
party convention.
14. The term " committee '^ means any committee chosen,
in accordance with the provisions of this chapter, to represent the
members of a party in any political subdivision of the state.
15. The term " independent body " means any organization
or association of citizens which, by independent certificate, nom-
inates candidates for office to be voted for at a general, special
or village election, or town meeting, and which, if such independ-
ent body nominated a candidate for governor at the preceding
r^
4 The Election Law
general election of a governor, did not poll at least ten thousand
votes for its candidate for such oflSce.
16. The term " party nomination " means the selection by a
party of a candidate for an office authorized to be filled at a
general election, or at a special election held to fill a vacancy in
such office, or at a town meeting.
17. The term " independent nomination " means the selec-
tion of a candidate by an independent body for an office
authorized to be filled at a general election, or at a special elec-
tion held to fill a vacancy in such office, or at a town meeting.
18. The term " party candidate " or " party nominee " means
£ person who is selected by a party to be its candidate for an office
authorized to be filled at a general election, or at a special elec-
tion held to fill a vacancy in such office, or at a town meeting.
[As amended by chaps. 649, 891, Laws of 1911, a^nd chap. 820,
Lav^ of 1913, and chap. 537, Laws of 1916.]
19. The term " independent candidate " or " independent
nominee " means a person who is selected by an independent body
to be its candidate for an office authorized to be filled at a gen-
eral election, or at a special election held to fill a vacancy in such
office, or at a town meeting. [Added by chap. 678, La.ws of 1916,
and amended by chap. 537, Laws of 1916.]
20. The term " enrollment books,^' when applied to those used
in a city of over one million inhabitants, means registers of elec-
tors in which party enrollments of voters are entered or provided
for in additional columns. [Added by chap. 537, Laws of 1916.]
^ARTICLE 2
Enrollment of Voters
Section 4. Delivery of enrollment books where registers do not
include enrollments.
5. Enrollment books where registers do not include
enrollments.
6. Voting booths and enrollment boxes.
7. Enrollment blanks and envelopes.
8. Delivery of enrollment blanks to voters who register
personally.
9. Delivery of enrollment blanks to voters where regis-
tration is not personal.
10. Enrollment by voters.
4 Entire article amended by chap. 89 !« Laws of 1911.
Enbollment of Votebs 6r
Section 11. Examination, sealing and custody of enrollment boxes.'
12. Certification and secrecy of enrollment where regis-'
tration is personal.
13. Certification and secrecy of enrollment where pegis-*
tration is not personal. ^
14. Opening of enrollment box and completion of enroll-*
ment.
14-a. *"' Correction of enrollment lists.
14-b. '*"*^Special enrollment upon becoming of age.
15. Enrollment for a new political party.
16. Duplicate enrollment books.
17. Use of duplicate enrollment books at unofficial pri-^
maries.
18. Use of original enrollment books at official primaries.'
19. Eight to enroll and vote at primaries.
19-a. Special enrollment after moving.
20. *'*^Xew enrollment books for changed districts.
21. Enrollment books to be public records; transcripts'
of enrollment.
22. Publication of enrollment.
23. Judicial review of enrollment.
24. Correction of enrollment with respect to persons not
in sympathy with party.
25. Investigation of enrollment.
§ 4. Delivery of eiirolliiient books inhere registers
do not include enrollments. In any political subdivision
in which the registers of electors do not provide. for entries of
party enrollments, the custodian of primary records shall cause
to be prepared on or before the fifteenth day of September in
each year, original enrollment books to the number of two for
each election district. Such enrollment books shall bo so arranged
that the names of all voters of the election district may be inscribed
therein alphabetically. Said books shall be delivered by the cus-
todian of primary records to the election inspectors of the respec-
tive election districts immediately before the first day of regis-
tration in each year and also in districts wholly outside of a city
or village having five thousand inhabitants or more, to the town
clerk at least twenty-four hours before the first day of registration,
who shall deliver such enrollment books to the inspectors of
**Xew section added by cliap. 52, I^wa of 1912.
<*>New section added by chap. 244, Laws of 1914.
^ Repealed by chap. 244, Laws of 1914.
6 The Electioh^ Law
election of the respective election districts in his town one-half
hour before the opening of the polls. [As amended by chap. 678,
Laws of 1915.]
§ 5. Enrollment books wliere registers do not in-
dnde enrollments. In a political subdivision referred to in
the preceding section, the enrollment books shall be so arranged
and printed that there shall be twelve columns on each page ; the
first for the enrollment numbers of the voters ; the second for the
surnames of the voters; the third for the christian names of the
voters ; the fourth for their residence addresses ; the fifth for the
word "yes"; the sixth for the name of the party, if any, with
which the voter shall enroll ; the seventh for the word " voted "
in case the voter votes at the spring primary; the eighth for a
record as to challenges in case he is challenged thereat; the
ninth and tenth columns for similar entries in case he votes at
the fall primary ; and the eleventh and twelfth columns for similar
entries in case there be a third official primary election or an
unofficial primary election.
Keference, in this chapter, to a particular column, by number,
of the enrollment books shall mean, when applied to a city having
more than one million inhabitants, the appropriate column of the
registers of electors. [As amended by chap. 678, Laws of 1915.]
' § 6. Voting: booths and enrollment loses. The
custodian of primary records shall cause at least two voting booths
of the same kind and description as voting booths used at general
Sections, to be erected in each place of registration before the first
day of registration in each year, and such booths shall be and re-
main in said places of registration during the registration at the
regular meetings for registration during that year; and it shall
be the duty of the custodian of primary records to furnish in each
voting booth so erected the same articles as are required by law
to be placed therein for a general election, which article^ shall re-
main therein during such registration. He shall also provide in
like manner one enrollment box in each place of registration of
sufficient capacity to hold all the enrollment blanks which are to
be furnished for such place of registration, which shall be similar
to the ballot boxes prescribed by law to be used at a general elec-
tion. He shall also in like manner provide at each polling place
on general election day, in each election district wholly outside of
Enbollm£NT of Votebs 7
a city or village having five thousand inhabitants or more, or
partly within and partly outside of any such village, two such
voting booths, for the enrollment of voters, the needed articles
therefor, and an enrollment box, as above provided. \_A8
amended by chap. 537, Lav/s of 1916.]
§ 7. Enrollment blanks. There shall also be prepared
by the custodian of primary records at public expense, to be borne
in the same manner as the expense of furnishing official ballots,
and delivered by such custodian with the enrollment books, such
number of enrollment blanks for each election district as will
exceed by seventy-five the total number of voters registered in
such district. The enrollment blanks shall be printed on white
paper, and on the face thereof shall be printed the following, or the
substance thereof, the blanks to be filled in in type so far as
possible :
" Primary enrollment for the year city
(or village or town) of ; county of
; assembly district (or ward
or town) ; election district; enrollment number
Name of voter
"I, , who have placed a mark
underneath the party emblem hereunder of my choice, do
solenmly declare that I have this day registered as a voter for the
next ensuing election, (or, if the voter was duly registered other-
wise than personally, that * I have this day voted in the above
election district^) and that I am a qualified voter of the election
district in which I have so registered (or voted), and that my
residence address is as stated by me at the time I so registered
(or, if registration was not personal, a statement of the voter's
present address) ; that I am in general sympathy with the prin-
ciples of the party which I have designated by my mark here-
under; that it is my intention to support generally at the next
general election, state or national, the nominees of such party
for state or national offices, and that 1 have not enrolled with or
participated in any primary election or convention of any other
party since the first day of last January. The word * party ' as
used herein means a political organization which at the last pre-
ceding election of a governor, polled at least ten thousand votes
for governor.
8 The Electioit Law
Party Party
(Insert emblem.) (Insert emblem.)
*' Make a cross X mark, with a pencil having black lead, in
the circle under the emblem of the party with which you wish to
enroll, for the purpose of participating in its primary elections
during the next year."
The circles underneath the emblem shall be three-quarters of
an inch in diameter, and in them nothing shall be printed. The
party emblems shall be the same as those which were on the bal-
lots for each party respectively at the last preceding general elec-
tion, and such emblems shall be so arranged on each blank that
the emblem of the majority party at the last preceding general
election of a governor shall be first, and the other emblems shall
follow in order in accordance with the vote cast for such office at
such election; over each emblem shall be printed, in type clearly
legible, the name of the party represented by such emblem. The
enrollment blanks shall have thereon only the emblems of those
parties to which this article is applicable, [As amended by
chap. 820, Latvs of 1913, and chap. 537, Laws of 1916.]
§ 8. Delivery of enrollment blanks to voters on
days of registration. ^Vhen, in any political subdivision of
the state, a voter shall, at any of the regular meetings for regis-
tration in any year, present himself personally to the board of
election inspectors in any election district for registration, or if,
where his registration was not required to be personal and he was
registered without personal application, he shall present himself
personally to such board for enrollment only, his name and resi-
dence address shall be entered at the proper place in the two
original enrollment books for th^t district. After he shall have
been registered, and not before, as a qualified voter of that elec-
tion district for the next ensuing general election, the board of
election inspectors, or a member thereof, shall forthwith and
before such voter leaves the place of registration, enter his enroll-
ment number, beginning with number one for the first voter
enrolled on the first day, and so on in numerical order, opposite
Enbollmsnt of Votebs 9
his name, in the first column of the registration books and the
enrollment books, and shall write the name of the voter on the
blank having the enrollment number which shall be opposite his
name on the registration and enrollment books, and shall fill in
the other blank spaces on the enrollment blank, and shall deliver
to such voter an enrollment blank having his name on it. No voter
shall be given more than two enrollment blanks in any event, nor
more than one blank unless he shall spoil, deface, improperly
mark, or otherwise destroy the first blank given him. In case a
second blank is given him, the member of the board of election
inspectors in charge of the enrollment books shall draw a line
through such voter's enrollment number in the first column in
said enrollment and registration books, and shall insert in such
space in said columns the number which shall be upon the new
blank to be given him, which number shall always be the lowest
number of the enrollment blanks then unused in such election dis-
trict. [As amended by chap. 537, Laws of 1916.]
§ 9. Delivery of enrollment blanks to voters on
election day "where reg^istration is not personal.
When, in any town or village in which personal registration is
not required, or in an election district a part of which comprises
territory in which such personal registration is not required, a
registered voter whose registration was not personal nor required
to be personal, and who was not enrolled on a day of registration,
shall present himself to the board of election inspectors in au
election district at a general election for the purpose of receiving
an official ballot to be voted thereat, his name and residence
address shall be entered at the proper place in the original enroll-
ment books for that district. After he shall have voted, the board
of election inspectors, or a member thereof, shall forthwith and
before such voter leaves the polling place, write his name on the
enrollment blank having the lowest number of the blanks then
unused in such election district, shall fill in the other blank spaces
on guch enrollment blank, shall deliver to him an enrollment
blank having his name on it and enter opposite his name in the
first column of the registration and enrollment books the number
on the blank delivered to him. No voter shall be given more
than two blanks in any event, nor more than one blank unless he
shall spoil, deface, improperly mark, or otherwise destroy the
first blank given him. In case a second blank is given him, the
member of the board of election inspectors in charge of the enroll-
ment books shall draw a line through such voter's enrollment
10 The Election Law
number in the first column in said registration and enrollment
books, and shall insert in such space in such column the number
which Bhall be upon the new set to be given him, which number
shall also be the lowest number on the enrollment blanks then
unused in such election district. Enrollment blanks shall be
numbered consecutively, beginning with the one succeeding the
last number used on the last preceding day of registration. lAs
amended by chap. 537, Laws of 1916.]
§ 10. Enrollment by voters. Such voter desiring to
enroll shall then enter a voting booth in said place of registration
or polling place, and, after having closed the door thereof, may
make a cross X mark with a pencil having black lead in the circle
underneath the emblem of the party of his selection and there-
upon fold said enrollment blank so as to conceal the face thereof,
and, before leaving the place of registration or polling place,
shall forthwith deposit the same, as so folded, in the enrollment
box in said place of registration or polling place in the presence of
the inspectors of election, without in any way indicating the
party with which he has or has not enrolled, and the inspectors
shall thereupon enter in the enrollment books in the fifth column
thereof the word " yes." If a voter declines to enroll, he may
return the blank to the inspector in charge of the enrollment box,
and such inspector shall indorse the name of such voter thereon
and deposit the same in the enrollment box ; and a like entry shall
be made opposite his name in the fifth column of the enrollment
books. The entries in the enrollment and registration books
required by this and the two preceding sections shall be made by
a member of the board designated by the chairman.
One mark crossing any other mark at any angle within the
circle shall be deemed a cross mark within the meaning of this
article. [As amended by chap. 537, Laws of 1916.]
§ 11. Examination, sealing and cnstody of enroll-
nient boxes. Before the entry of any enrollment number or the
delivery of an enrollment blank to any voter, in any year, the said
enrollment box shall be examined by the board of election inspec-
tors and when empty shall be locked and sealed by them in such
a manner that should it be opened such seal would be broken ; and
the same shall remain so locked and sealed until the same shall
be opened by the custodian of primary records as hereinafter
provided. Said boxes shall be in the charge and keeping of the
Enboixment of Voters 11
custodian of primary records at all times except during hours
of enrollment. [As ametided by chap, 537, Laws of 1916.]
§ 12. CSertification and seereey of enrollment oc-
curring on a day of registration, l. Except as otherwise
provided in subdivision two hereof, at the close of the last meet-
ing for r^stration in each year the board of election inspectors
shall severally subscribe and verify duplicate declarations, one
of which shall be printed in or attached to each of the original
enrollment books. Such declarations shall be to the effect that
the persons shown by such enrollment books are the only persons
who registered personally as voters in that district on any of said
days of registration or who, having l)een registered on any of
said days without personal application, thereafter applied for
and received enrollment blanks, and such declarations shall set
forth the number of the last enrollment blank used on such last
day of registration. Immediately uj)on the close of each day of
retpstration, and before leaving the meeting place, the board of
election -inspectors shall publicly inclose the said enrollment
books, together with all records pertaining thereto, in a sealed
envelope, iipon 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 reG:istration, when it shall be pub-
licly opened. The envelope sealed at the close of the last day of
registration shall, within tvventy-four hours thereafter, be de-
livered to the custodian of primarv records. Such envelope shall
remain sealed until the next Tuesday following the next ensuing
day of general election, except that in any election district in
whifh personal registration is not required or comprising terri-
tory in a portion of w^hich personal registration is not required
such envelope shall be returned to the board of inspectors before
the opening of the polls on the day of general election, to be by
them opened and used and again delivered to the custodian of
primary records as prescribed in section thirteen. No member
of the board of election inspectors shall make, or allow to be
made, a copy of, or a transcript or statement from, the enroUment
books.
2. In a city of over one million inhabitants, at the close of the
last meeting for registration in each year the board of election
inspectors shall severally subscribe and verify four declarations,
one of which shall be printed in or attached to each of the orig-
inal rasters. Such declarations shall be to the effect that the
12 The Election Law
persons shown by such registers are the only persons who regis-
"tered personally as voters in that district on any of said days
of registration and shall set forth the number of the last enroll-
ment blank used on such last day of registration. \_As amended
hy chap. 678, Lwws of 1915, wnd 537, Laws of 1916.]
§ 13. Certiflcation and secrecy of enrollment oc-
enrring on the day of general election. At the close of
the day of general election or on the following day in each year,
in an election district in which the enrollment of any voters is
permitted under this article on the day of such election, the
board of election inspectors shall severally subscribe and verify
duplicate declarations one of which shall be printed on and
attached to each of the original enrollment books. Such declara-
tions shall be to the effect that the persons shown by such enroll-
ment books whose enrollment number is higher than the last num-
ber used on the last preceding day of registration, constitute all
of the persons voting in that district at such general election
whose registration was not personal and who had not, after such
registration, applied for enrollment on a day of registration.
They shall inclose s\ich enrollment books, together with all
records pertaining thereto, in a sealed envelope, upon which shall
be written or printed in distinct characters the number of the elec-
tion district, and shall within forty-eight hours after the close of
such general election deliver the same to the custodian of primary
records. Such envelope shall remain sealed until the followinc;
Tuesday. No member of the board of election inspectors shall
make, or allow to be made, a copy of or a transcript or statement
from the enrollment books. [As amended hy chap. 537, Laws of
1916.]
§ 14. Opening of enrollment box and completion of
enrollment. It shall be the duty of the board of inspectors, or
one of them, at the close of the registration, and again at the
close of a day of general election where voters are enrolled on that
day, to deliver the enrollment box to the custodian of primary
records. All enrollment blanks contained therein shall remain
in such box, and the said box shall not be opened nor shall any of
the blanks be removed therefrom until the Tuesday following the
day of general election in that year. Such box shall then bo
opened by the custodian of primary records, and the blanks con-
tained therein shall be removed thereupon by said custodian, and
the name of the party designated by each voter under such
Enbollment of Votekb 18
declaration shall be by said custodian entered against the name
of such voter in the appropriate column of three registers, in a
city having more than one million inhabitants, and of the enroll-
ment books elsewhere for the election district in which such voter
resides. Such enroUment shall be completed before the succeed-
ing fifteenth day of February in each year. If cross marks are
found in more than one of the circles, or if no cross marks are
found in any of the circles of any enrollment blank, the voter
who used the enrollment blank thus deficient shall not be deemed
to be enroUed, and words indicating the reason why such enroll-
ment is not transcribed shall be entered against the name of such
voter in the register columns reserved for the entry of party
enrollments, in any city of over one million inhabitants, and
elsewhere in the sixth column of the enrollment books. When all
of the enrollment shall be transcribed from the blanks to the
enrollment books or registers, the custodian of primary records
shall subscribe and verify identical declarations, one of which
shall be printed in or attached to each of the said original enroll-
ment books or registers, which declaration shall be to the effect
that he has correctly and properly transcribed the enrollment
indicated on the blank of each voter to the said enrollment books
or registers, as herein provided. lAs amended by cMp, 678,
Laws of 1915, and cluip. 537, Laws of 1916.]
% 14-a. Correction of enrollment lists. Any voter
who has been or shall have been enrolled with the same political
party for five years or upwards and who, at the time of marking
an enrollment blank on any day provided in this chapter for the
enrollment of voters, makes a mark in the circle beneath the em-
blem of a party other than the one with which he desired or
intended to enroll, by inadvertence, may at any time after the
completion of the enrollment in any year as provided in this
chapter and prior to the ensuing first day of July, have his party
affiliation changed upon the enrollment list by the custodian of
primary records with whom such list is filed by striking out the
name of the party with which he is thus wrongly described as
being affiliated and inserting the name of the party with which
he may declare that he is affiliated by making, subscribing and
acknowledging before any officer authorized by law to take the
acknowledgment of deeds for record in this state, and filing or
causing to be filed with such custodian of primary records, a
statement embodying a declaration in substantially the following
form : "I, , do solemnly declare that I reside in
/
14 XHE JLLECTIOJN JUAW
and am a duly qualified voter of the
election district of such city (assembly district, ward
or town) ; that at one of the last preceding days for the enrollment
of party voters in such election district I received an enrollment
blank and made my mark in a circle under one of the party
emblems thereon, but such marking was done inadvertently and in-
dicated my enrollment with a party with which I was not then
affiliated and with which I did not intend to enroll ; and I therefore
request that I be specially enrolled with the party.
I am in general sympathy with the principles of the
party. It is my intention to support generally at the next general
election the nominees of such party. I have been duly and regularly
enrolled with such party for at least five years prior to the enroll-
ment at which such mistake occurred. I have not participated in
any primary election or convention of any other party during such
period of five years." If any of the enrollment lists for the pre-
ceding five years in the office of such custodian of primary records
do not contain the name of such applicant, as an enrolled voter
of the party named in the statement, the custodian of primary
records shall require him to produce a transcript of so much of an
enrollment list as relates to him, if any, from the office of the
custodian of primary records of the city or county in which he
may have been enrolled for such year or years, accompanied with
proof by affidavit showing his identity with the person whose
name appears in such transcript.
Upon the filing of such statement, and all other papers or cer-
tificates if required, the said custodian of primary records, if the
records support the truth of the applicant's statement, shall cause
the request contained in such statement to be complied with, by
changing the entry relating to the applicant in the enrollment
list to conform thereto and recording in the proper column thereof
the reason therefor, including a memorandum briefly describing
the papers filed in support thereof. [Added hy chap. 52, Laws
of 1912.]
§ 14-b. Special enrollment upon becoming of age.
Any voter who shall have become of age after the last preceding |
general election may at any time on or before the fourth Tuesday |
preceding an official primary in the year following such general I
election become specially enrolled with any party and have his j
name added to the original enrollment books of the election dis- 1
trict in which he resides, in the manner following:
He shall make and acknowledge before an officer authorized to
f
Enrollment op Voters 15
take the proof or acknowledgment of deeds to be recorded, and file
or cause to be filed with the custodian of primary records, a state-
ment embodying a declaration in substantially the following form,
the blanks being properly filled in :
"I, , do solemnly declare that I reside at (here
insert residence address), and am a resident and duly qualified
voter of the election district of the
assembly district (or of the ward of the city of
or of the town of in the county of ) ;
that I became of age since the last preceding general election;
that I am in general sympathy with the principles of the
party and it is my intention to support generally at
the next general election, state or national, the nominees of such
party for state or national offices; that I have not heretofore en-
rolled with or participated in the primary election of any party.
I therefore request that I be specially enrolled with the
•••; party.
The same party name shall be inserted by the voter in the two
spaces provided therefor. A blank for such statement and appli-
cation shall be provided by the custodian of primary records on
demand to any person desiring to specially enroll under this sec-
tion. The mailing of such statement and application from any
point within the jurisdiction of such custodian, addressed to such
custodian at his office, properly sealed with postage fully prepaid,
on or before the day herein provided for filing the same, shall bo
a sufficient compliance with the requirements of this section.
Upon receiving such statement, the custodian of primary rec-
ords shall enroll such voter with the said party of his choice in the
original enrollment books for the proper election district, in the
same manner as upon an enrollment blank deposited at one of the
(lavs .of registration or on the day of general election; except that
above the surname of such voter shall be written the word ** Spe-
cial " and above the Christian name the date of the filing or post-
mark of mailing of such statement and application. Voters spe-
cially enrolled hereunder shall be given by the custodian of pri-
mary records an enrollment number beginning, for the first voter
thus specially enrolled, with the numeral following the highest
number on the enrollment books of those enrolled in the election
district at the preceding days of registration or general election.
Ihe custodian of primary records shall endorse the corresponding
number on the statement of the voter to whom such nimiber is
given. All such statements and applications shall be public rec-
ords and open to inspection and may be copied by any person.
16 The Election Law
They shall be kept on file for one year from the day of the next
ensuing official primary. \_As added by chap. 244, Laws of 1914.]
§ 15. Enrollment for a nenv political party. Where
an independent body has become a party at a general election, an
enrollment of the members of such party shall be made in the
manner herein prescribed. After the first day of January and
not later than the second Tuesday of April in the year next suc-
ceeding that in which such independent body became a party, or
in the year nineteen hundred thirteen not later than June first,
the custodians of the primary records throughout the state shall
cause to be mailed to all voters whose names appear upon the
latest registration lists of their respective districts and who are
not enrolled as members of any political party, at their respective
post-office addresses, enrollment Hi>lanks printed on white paper,
on the face of which shall be printed the following, or the sub-
stance thereof, the blanks to be filled in in type so far as possible :
" Primary enrollment for year city (or village or town)
of ; county of ; assembly district
(or ward or town) ; election district; enrollment num-
ber ; name of voter "
I, the undersigned, do solemnly declare that I voted in the
above election district at the general election held (insert date of
last general election) ; that I still reside in said election district;
and that my residence is at the address as given below ; that I am
in general sympathy with the principles of the party in the circle
beneath the name and emblem of which I have made a cross X
mark, and supported generally at the said general election the
nominees of the said party, then an independent body ; and that
I have not enrolled with any other party since the first day of
January (here insert the year in which the general election was
held).
Party Party
(Insert emblem) (Insert emblem)
(Voter sign here)
Residing at (The voter here inserts his residence)
Enbollment of Voters 17
" Make a cross X mark in the circle under the emblem of the
party with which you wish to enroll for the purpose of participat-
ing in its primary elections during the current year, and write
your name and address in the blanks immediately under the circle'
or circles."
The circles imder the emblems shall be one inch in diameter
and in them nothing shall be printed. The party emblem shall be
the same as those which were on the official ballots for each inde-
pendent body, respectively, to which this section is applicable;
over such emblem shall be printed in type clearly legible the name
of the party represented by such emblem. The enrollment blanks
shall have thereon only the emblem of those parties which were
independent bodies and became parties at the last preceding
general election and shall have the following instruction printed
across the top of the enrollment blanks : " Fill out, sign, and
return on or before the first Tuesday of June, nineteen hundred
and (here insert the current year) to .... (here insert the name
or title of the custodian of primary records), at ... . (here insert
the post office address, with street and number, if any, of the
custodian of primary records).^'
Each voter who shall have properly signed such an enrollment
blank and shall have either mailed or delivered the same to the
proper custodian of primary records on or before the fi-rst Tues-
day of June, of the then current year, or in the year nineteen hun-
dred thirteen on or before July first, shall be enrolled in his
proper and designated party, subject to all the provisions of this
chapter applying to enrollment books of party voters, and the
custodian of primary records shall enter against the name of each
voter in the appropriate column of the enrollment book for the
election district in which such voter resides the name of the party
with which such voter shall thus enroll. The postmark on any
envelope containing such an enrollment blank shall be deemed
conclusive proof of the date on which the same was mailed.
One additional copy of the said enrollment blank shall be
furnished to each voter who applies therefor. Additional copies
shall be furnished at the rate of twenty-five cents per hundred
to any person.
The enrollment blanks as soon as received by the custodian of
primary records from the voter shall be public records and shall be
open to inspection and copying at any time by any person. They
shall be kept on file for one year from the first Tuesday in June.
[As amended by chap. 587, Laws of 1913.]
18 The Election^ Law
' ' ' ' _^
§ 16. DnpUcate enrollment books. The custodian of
jpximsiTj records shall annually provide a true copy, duly certified,
ioT the state superintendent of elections and for each party of so
much of the said enrollment books as will give the names,
addresses and political affiliation of each voter. The said cus-
todian shall, in the month of February each year, deliver one such
certified copy to the state superintendent of elections and the
chairman of the proper county committee of each such party.
Such certified copies shall conform in all respects to the form of
the original enrollment books, or to the portion transcribed, as
the case may be. The custodian of primary records shall certify
ta.OTch chairman that each such copy is a correct transcript from
(he original enrollment book, made during the days of registra-
tion of voters for or at the preceding general election. lAs
jftmerided by chap. 820, Latvs of IP 13 a/nd chap. 537, Laws of
1916.]
; ."
§ 17. Use of duplicate enrollment books mt un-
official primaries* At all unofficial primary elections of a
party, the certified copy of the enrollment books shall be used, and
no voter shall be allowed to take part in such primary election as a
resident of an election district, unless his name is upon the certi-
fied copy of the enrollment book for that district, showing that he
is enrolled with the party in whose primary election he seeks to
participate.
§ 18. Use of orig:inal enrollment books at offlc^ial
'primaries. The original enrollment books shall bo used at all
official primary election, and shall be delivered, as provided in
this chapter, to the proper boards of election inspectors immedi-
ately before the opening of the polls on each official primary day,
and shall be returned to the custodian of primary records forth-
with, after the completion of tho canvass of the votes. Such en-
rollment books shall go into effect on the first day of January fol-
lowing days of registration on which they are begun, and shall,
with any additions or changes made as herein provided, remain in
force until the first day of the following January, when they shall
bo superseded by the new enrollment books, as herein provided.
.[As amended by chap. 244, Laws of 1914.]
■ § 19. Rigkt to enroll and vote at primaries. I^o
voter who has once enrolled in a political party shall be permitted
to enroll in another political party before the first day of the next
» f
I
registration. Only voters enrolled as provided in this article shall
be entitled to participate in the official primary elections of their
respective parties. No voter shall take part in any primary el6<J-
tion of any party other than the party in which he shall at the
time be enrolled. ^
§ 19-a. Special enrollment after moving. If, after
being enrolled as a member of a party in one election district, by
original enrollment, a voter shall move into another election dis-
trict in the same assembly district, he may, at any time between
the first day of February of any year and the thirtieth day before
the annual primary day, become enrolled therein as a member of
the same party by making an affidavit before any officer author?^
ized by law to take the same and filing, or causing to be filed, wit^
the custodian of primary records, such affidavit which shaH
specify the name of the party with which, and the election dilBr
trict in which he is enrolled, the street address from which sdifl
voter enrolled, if any, the election district into which he Jias
moved and the street address of his residence therein, if any, and
stating that he resides in the last mentioned election district, aiid
desires to be enrolled therein as a member of such party. Exce^
as hereinafter provided, upon the filing of such affidavit the cus-
todian of primary records shall enroll the name of such voter in
the original enrollment books for the proper election district,
specifying the district from which he is transferred and his hew
residence address, and shall also make a minute, opposite the
entry of his name in the original enrollment books of the elec-
tion district from which he has removed, showing the election
district to which his name is transferred. Provided, however^
that in any city in which the registers of electors constitute also
the enrollment books, as now or hereafter provided by law, suet
voter shall appear before the custodian of primary records arid
deliver such affidavit in person and answer such questions concern-
ing facts affecting his identity as such custodian may deem neces-
sary. Such custodian shall compare the signature, if any, of the
voter on the affidavit with his signature on the register of electors.
If the voter be unable to write, the custodian shall submit to hiiri,
in lieu of requiring his signature, the questions required for the
identification statement where an applicant for registry is unable
to write. In such city, if the enrollment of a voter be transferred
and if he be able to write, he shall also sign his name in .the
appropriate column of the register for the district to which he is
transferred. In anv assembly district of the state, if such a
jap The ±llectiok JLaw
laAHsiei be made, all entries relating to the enrollment of the
^yoter on the original books, and relating both to registry and
.§B.afpllment where the registers constitute the enrollment books,
e^aU be transcribed in the books for the district to which he shall
thaye moved. In any election district outside of such a city, the
custodian of primary records may in his discretion in any case
require, the applicant to appear in person and answer such ques-
tions and, where personal registration is required, submit to such
signature test as may be necessary to satisfy the custodian of his
idemtity. Where an applicant for transfer is required either by
.the provisions of this section or by the custodian of primary
jriBCords to appear in person, in any political subdivision of the !
jsUte, such custodian shall not transfer the applicant's enrollment
unless satisfied of his identity. Such transfer of enrollment shall
4^ made but once during any year for which the original enroll- !
jinent was made. Nothing contained in this section shall be i
■4e^nied to qualify a person to vote at an official primary in the
v4i&ti'ict to which his enrollment is transferred if he be not a
^^resident of such district at the time of the primary and for thirty
(|ays theretofore, and he shall be subject to challenge as provided
in section seventy-two. [Added by chap. 537, Lau^s of 1916.]
yJi 20. NeTxr or amended enrollment books for
(changed districts. If in the interval between the days of
registration and the day of the fall primary in the succeeding
yiear, a new election district shall be created, or the boundaries of
ail election district shall be changed, and such change or the crea-
tion of such new district is to take effect within such interval, the
custodian of primary records shall immediately prepare new
enrollment books for such district from the enrollment books of
;the districts covering any part of the same territory, which new
, enrollment books shall be given the proper descriptive number of
the assembly district or ward, or designation of the town, and the
descriptive number of the election district, within which they are
to be used but shall in other respects be in the same form and
exhibit the same facts as the enrollment books then in force in the
. territory comprised within such new or changed district and shall
contain the names of all the voters, as shown by the enrollment
books then in force in such territory, who are the enrolled voters
of the respective political parties within, and who are shown by
such books to be residents of such new or changed election dis-
trict. If an election district, whose boundaries are not changed,
be given a new number or become included in a different assem-
Eneoi-lment op Voteks '*3fl
bly district, ward or town, within such interval, such custodial,
before the next official primary at which the enrollment books -fSr
such new or changed election district may be used, shall appro-
priately change the descriptive number on such books of th^ liiJ-
serably district, ward and election district, or the designation* ttf
the town, as the case may be. The certificate of such custodian
to the effect that such new or changed books are true and correct
and in conformity with this section shall be attached thereto.
New enrollment books, prepared pursuant to this section, shall
supersede the enrollment books then in force in such territory
until a new enrollment therein takes effect under the other p^fh
visions of this article, and the custodian of primary records shall
be charged with the same duties concerning the same, including
the preparation of duplicate sets thereof or transcripts therefrom,
as are provided in this article with respect to books containing
enrollments begun on the days of registration. This section shall
not be construed to authorize any person to vote in such newoT
changed districts if he shall have ceased to reside in the territol^
thereof at the time of the preparation of such new books therefor
or at the time he offers his vote at an official primary thereilL
[Added by chap. 537, Laws of 1916.]
§ 21. Enrollment books to be public records; tran-
scripts of enrollment. The enrollment books herein proti'ded
for and any declarations filed on enrollment shall be public records,
and shall be open to inspection and copying at any time and by
any person, except for the period during which they are re-
quired to remain sealed as herein provided. It shall be the duty
of the custodian of primary records to certify to the correctness
of any transcript of such enrollment books, or of any part 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 trans-
cripts shall be paid into the public treasury. Such a certified
transcript, containing the name and showinc^ the enrollment of
any voter, shall be sufficient evidence of such enrollment. The
custodian of primary records shall give to any voter enrolled as
in this article provided, a certificate of enrollment, which shall
specify the name of the party with which he is enrolled, the date
of enrollment and the election, district in which such voter is en-
rolled. Declarations and enrollment blanks filed by voters shall
l>r pnblip records rnd chall bo kept on file until one year there-
after. No person shall be required to enroll, nor shall his failure
J
22, The Election Law
to do so affect liis right to raster for the purpose of voting at any
election. ^As amended by chap. 820, Laws of 1913.]
; § 22. Publication of enrollment. The board of elec-
tions of every city of the first class containing within its bound-
aries more than one county shall and the board of elections of any
county containing a city of the first or second class and when
authorized by the board of supervisors the board of elections in
any other county may, in its discretion, cause to be published, for
each assembly district, within a county over which such board has
jurisdiction in pamphlet form, and at public expense a transcript
of the enrollment books of each election district in the assembly
clistrict, omitting all entries except the names, the residence ad-
dresses, and the party, if any, recorded opposite the respective
n^unes. Where an independent body shall hereafter beconie a
p,arty at a general election held after the enrollment, of which the
Ji$ts may have been published under the provisions of this section,
by the board of elections, a transcript of all entries upon the en-
rollment books added thereto under the provisions of section fif-
tepn relating to enrolled voters of such new party, shall be pub-
lished in the manner hereinabove provided between the first
TJuesday in June and the first Tuesday in July of the year in
which an enrollment is had of the members of such new party
omitting all entries upon such enrollment excepting the names of
those enrolled with the new party, the residence addresses and the
name of the party recorded opposite each name; provided, how-
ever, that if not more than one new party shall have been thus
created, the name of the party to which such transcript relates
may be placed at the head of the list and need not be repeated
opposite each name. The board of elections shall provide all such
ti'anscripts for publication. [As amended hij chap, 244, Laws of
li)14.]
§ 23. Judicial reviex^ of enrollment. If any state-
ment in the declaration of any person, on the evidence of which
his name was enrolled in the original enrollment books for any
election district by the custodian of primary records, or if any
entry opposite the name of any person in such enrollment books is
false, or if any person enrolled in such enrollment books has died,
or has removed from or no longer resides in such election district,
anv voter of the assemblv district in which such election district
is located (provided such voter is himself duly enrolled with the
Enrollment of Voters 23"
same political party with which the person, as to whom the app^i-,
cation is made, was enrolled) may present proof thereof by affi-
davit to the snppeme court, or to any justice thereof, in the judi-
cial district, or to a county judge of the county, in which such
election district is located. And thereupon such court, justice or
judge shall make an order requiring the person against or as to
whom the proceeding is instituted, unless he is shown to have
died, as hereinafter provided, to show cause before such court,
justice or judge, at time and place specified in such order, why
hifl name should not be stricken from such enrollment book. Such.
order shall be returnable on a day at least ten days before a pri-
mary election, and a copy thereof shall be served on the person
against whom the proceeding is instituted and on the custodian ot
primary records at least forty-eight hours before the return thereof,
either personally or by depositing the same in the post-office of
the city in which such election district is located, in a jKJstpaid
wrapper or envelope addressed to the custodian of primary records
at his office, and to such person by his name at his present ad-'
dress, if known, and otherwise at the address which appears iii
the enrollment books for such election district. If the pereoi '
as to whose name the application is made is claimed to be dead,
the order to show cause hereinabove provided for shall be directed
to the 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 section speci-
fied; but an order requiring the custodian of primary records
to show cause why the name of a person claimed to be dead
should not be stricken from the enrollment books shall not be
made unless the affidavit presented to the court, justice or judge
by the voter instituting the proceeding shall state that such votef
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 ,pr
by other competent evidence of such death. The custodian of
primary records shall produce before the court, justice or judge, .
the original enrollment declaration subscribed by the person
against or as to whom the proceeding is instituted. The 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 instituted, on the evidence >
of which he was enrolled by the custodian of primary records, or.
any statement opposite his name in the original enrollment books.
24 The Election Law
«
is false, or that sueh person is dead or has removed from or no
lon^r resides in the election district for which he is enrolled,
^^lall order the name of such person stricken from the enrollment
books, except as hereinafter provided. If at such hearing the per-
son against whom the proceeding is instituted shall produce evi-
dence that the custodian of primary records has incorrectly copied
into the enrollment books 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 books,
siidll require the correction of the enrollment books in accordance
with such evidence. In either case the order shall require the
custodian of primary records to strike such name from the enroll-
ment books, or to otherwise correct such enrollment books in ac-
cordance with such order. Upon the correction of such enrollment
books in accordance with such order, the custodian of primary
records shall certify such correction to the chairman of the general
committee of each party to whom a duplicate set of enrollment
books has been delivered in pursuance of section sixteen of this
chapter.
§ 24. Correction of enrollment ^^th respect to per-
sons not in sympatliy mritli party. If any person is not in
sympathy with the principles of the political party with which
such person is enrolled, any voter of the assembly district in which
such election district is located (provided sueh voter is himself
duly enrolled with the same political party with which the person
as to whom the application is made was enrolled) may present
proof thereof by affidavit to the chairman of the county general
committee of the political party with which the voter 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 chair-
man, at a time and place specified in such notice why his name
should not be stricken from such enrollment books. Such notice
shall be returnable on a day at least fifteen days before a primary
election, and a copy of the affidavit shall be served on the person
against whom the proceeding is instituted and on the custodian
of primary records at least forty-eight hours before the return
thereof, either personally or by depositing the same in the post-
office of the city in which such election district is located, in a
• »
Enkollment op Voters 25
postpaid wrapper or envelope addressed to the custodian of primai'y
records at his office, and to such person by his name at his present
address, if known, and otherwise at the address which appears in
the enrollment books for such election district. The chairman of
such committee shall in his discretion personally hear the persons
interested in the proceeding or appoint a subcommittee to take
testimony, and in such event the Action of the subcommittee shall
not be final unless approved of by the chairman of such county
general committee, and if it appears by sufficient evidence that
finch person is not in sympathy with the principles of the political,
party with which such person enrolled, the chairman of the county.,
^neral committee shall cause to be filed a certificate with tho;
board of elections or with the custodian of primary records setting
forth reasons why the name of such person shall be stricken from
the enrollment books, 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 application to the su-
preme court or to any justice thereof in the judicial district, on
to a county judge of the county, in which such election district is
located, for an order requiring the person against or as to whotn
the proceeding is instituted to show cause before such court, j^i^-
tiee or judge, at a time and place specified in such order, why the
decision of the chairman of such county general committee should-
not be confirmed. Such order shall be returnable on a day at least
five days before a primary election, and a copy thereof shall be
seiTed on the person against whom the proceeding is instituted at
least forty-eight hours before the return thereof in the manner
hereinbefore provided. The said court, justice or judge shall have
power to examine fully into the proceedings taken before such '
chairman or subcommittee and to receive atiidavits or other evi-
dence as to the manner in which such proceedings were conducted,
and shall determine whether or not said proceeding was fairly C(m-
diicted and the finding made therein was made upon sufficient
^unds upon the merits, and he may approve or disapprove such '
finding as shall seem to him to be required to do substantial justice
to the party against whom the proceeding was instituted and with-
out regard to technical requirements. The court, justice ar judiie
npon 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
voter to be stricken from the enrollment books.
Afl The Election Law
, ^ 25. IiiTestigatioii of enrollment. Whenever the state
, superintendent of elections shall require, it shall be the duty of
,J;he chief of police and of evei^ captain, in every city of the state
to forthwith cause an investigation of each name enrolled in his
precinct to be made and to report to the state superintendent of
elections, at his office, in such city or at such other office as the
state superintendent of elections may in writing designate any
case of false enrollment there found. It shall be the duty of the
•toard of elections of the county or of such city to furnish to the
chief of police and police captain a printed or typewritten list
pf the enrolled voters of such city and afford necessary facilities,
including clerical assistance, to either such chief of police or
(police captain, to transcribe the whole or any part of the enroll-
.paent list, in aid of the duty of investigation imposed on him
under the provisions of this section. [Added by Chap. 537,
Juatrs of 1916.]
1 ARTICLE 3
\ Party Orgranlzatlon
^Section 35. Party committees.
36. State committee.
37. County committee.
1 38. Election of members of state and county committees.
39. Formation of committees other than state or county
committees.
40. Organization and rules of committees.
41. Review of election of committees.
42. Kemoval of member of committee.
; 43. Vacancies in state or county committees.
§ 35. Party committees. Party committees shall consist
pf a state committee, county committees, and such other com-
mittees as the rules and regulations of the party may provide,
[As amended by chap, 820, Laws of 1913.]
§ 36. State committee. The state committee of each
party shall be constituted by the election from each assembly dis-
trict of one member who shall be an enrolled voter of the party
within said district. Each member of a state committee shall be
entitled to one vote.
1 Entire article amended by chap. 891, T^ws of 1911.
2 Schedule of eection headings amended by chap. 820, Laws of 1013.
Pakty Organization ^
In case of the death, declination, disqualification, removal from
district, or removal from office of a member of a state committee
or the failure to elect a member as by reason of a tie vote, the
vacancy in such state committee caused thereby shall be filled by
tlic remaining members of such state committee as provided iu
section forty-three of this chapter.
In the event of a change of the boundaries or designation of
assembly districts after the election of members to such state
committee, members thereof shall represent for the balance of
their term, the district in which they reside, provided there i&
only one such member resident in such district. If no mcmbci^,
or more than one member, be resident in such district so changed,
a vacancy from such district shall be deemed to exist which shnll
at a meeting, of which every member shall have three days' notice
by mail from the chairman of the county committee, be filled by
the members of the county committee residing in such assembly
district until the next official primary election, at which time such
vacancies shall be filled by election in the manner provided in
this chapter for the balance of such term. ^As amended by
chap. 4, Latas of 1912, chap. 820, Laii^ of. 1913, and chap, 537,
Laws of 1916.']
§ 37, County committee. The county committee of each
party diall be constituted by the election in each election district
Hithin such county of at least one member, and of such additional
members as the rules and regulations of the party may provide
for such district, proportional to the party vote in the district
for governor at the last preceding gubernatorial election, or in
case the boundaries of such district have been changed or a new
district has been created since the last preceding gubernatorial
election, proportionate to the party vote cast for member of assem-
bly at the last preceding general election; or, if no additional
members are required by the rules, the voting power of each mem-
ber shall be in proportion to such vote. Each member of a county
committee shall be an enrolled voter of the party residing in the
assembly district containing the election district in which he is
elected. Each member of a county committee shall be entitled to
one vote.
In case of the death, declination, disqualification, removal
from district or removal from office of a member of the countv
committee, or the failure to elect a member, as by reason of a tib
vote, the vacancy in such county committee caused thereby shall
be filled by the remaining members of such county committee as
26i; The Election Law
pi^dA'ided in section forty-three of this chapter. [As added hy
ch^p. 820, Laws of 1913 and amended by chap. 104r, Laws of
1046.]
§ 38. Election of members of state and connty com-
mittees. Members of the state and county committees shall be
elected at official primary elections as herein provided fon Mem-
bers of the state committee shall be elected biennially in eaoh even
n^nxbered year. Members of county conmiittees shall be elected
annually.
.,]Sitembers of both conmiittees shall be elected at fall primaries,
e«eept that in a year when a president of the United States is
tq'be elected, such members of committees shall be elected at the
spring primary. The members of either committee shall . hold
office until the election of their successors. [As amended by chap,
4, Laws of 1912, and chap. 820, Laws of 1913.]
§ 30. Formation of committees otber tlian state or
county committees. All committees other than state and
county committees shall bo formed in the manner provided for bv
the rules and regulations of the party. [As added by chap. 820,
I^ws of 1913.]
§ 40. Organization and mles of committees. Every
state and county committee, shall within fifteen days after their
election meet and organize bv the election of a chairman, treas-
urer and secretary, and such other officers as its rules may pro-
vide, and within three days thereafter file with the secretary of
state and the board of elections of the county a certificate stating
the names and post-office addresses of such officers.
Each committee may prepare rules and regulations for the
government of the party and the conduct of the official primaries
within its political subdivision, which may include the payment
of dues. Within three days after the adoption of such rules and
regulations a certified copy of the same shall be prepared and filed
by the secretary with the custodian of primary records for the
political subdivision for which such committee is to serve. Sucli
rules shall continue to be the rules and regulations for the com-
mittee until they are amended or new rules adopted. Such rules
and regulations may be amended from time to time by majority
vote of the committee upon the following notice: <
A copy of the proposed amendment shall be sent with the notice
of the meeting at which such amendments are to be proposed, sucli
Designations and Nominations 29^
notice to be not less than five days before such meeting, ancJ/tQ.j
be mailed at the post-office address of each member of the cqbv^,)
mittee. Until the adoption of such rules and regulations, ttQi
rules and regulations of the existing committee, so far as con-
sistent with this chapter, shall continue to be the rules and regula-
tions of the party for that political subdivision. lAs amended
by chap. 820, Laws of 1913, and chap. 537, Laws of 1916.]
§ 41. Reviemr of election of committees. The election ^
of members to any party committee may be reviewed by summary '
proceedings before the supreme court or a justice thereof, as pro-
vided for in section fifty-six of this act, upon the petition of any^
person qualified to vote at the primary election of the party which')
6uch committee represents, [-^l^ amended by chap. 4, Laws of^
1912, and chap. 820, Laws of 1913.] >
§ 42. Removal of member of committee. A member
of a party committee may be removed by such committee, for dis-
loyalty to the party or corruption in office, after notice and a hear- "
ing upon written charges, to be heard by the committee or a sub- '
committee thereof appointed for that purpose, which shall report
its findings to the full committee. The action of any committee
in removing a member thereof as herein provided for may be re-
viewed in a summary proceeding before the supreme court or by
a justice thereof, upon a petition of the person so removed. \_As '
amended by chap, 820, Laws of 1913.]
§ 43. Vacancies in state or county committees.
Except as otherwise provided in this article, where a vacancy ^
occurs in any state or county committee, such vacancy shall be
filled by the remaining members of said committee by the selec-
tion of an enrolled voter of the party qualified for election from
the unit of representation as to which said vacancy shall have
occurred. lAs added by chap. 820, Laws of 1913, and chap. 537,
J^a^t(7s of 1916.]
^ARTICLE 4
Party Nominations and Designations
^Section 46. Direct nomination of candidates for public ofiice.
46. Designations ; how made.
1 H^ntire article amended by chap. 891, Laws of 1911.
2 Schedule of section headings and title amended by chap. 820, Laws of 1915.
30 The Election Law
Section 48. Designations by petition.
49. Filing of designations.
50. Declination by person designated.
51. Certification by secretary of state.
52. Vacancies in designations, how filled.
53. Delegates to national party conventions.
54. Presidential electors.
55. Existing state and county committees continued.
55-a. Objections to designating petitions.
56. Contests ; judicial review.
58. OflScial primary ballot.
!!,§ 45. Direct nomination of candidates for pnblic
office. Party nominations for all ofiices to be filled at a general
election, except town, village and school district offices and electors
of the president and vice-president of the United States, shall be
nmde at the fall primary next preceding such general election by
the enrolled voters of the party as in this chapter provided. Xomi-
nations of party candidates for town, village and school district
offices shall be made in the manner prescribed by the rules and
regulations of the county committee of the county wherein such
town, village or school district is located, dominations of party
candidates for city offices to be filled at an election held at a
different time from the general election shall be made directly at
unofficial primaries by enrolled party voters.
Nothing contained in this chapter shall prevent a party from
holding party conventions, to be constituted in such manner, and
to have such powers in relation to formulating party platforms
and policies and the transaction of business relating to party
affairs, as the rules and regulations of the party may provide, not
inconsistent with the provisions of this chapter. Delegates to any
such convention and members of party committees, other tlian
members of state and county committees, shall not be chosen at
official primaries or otherwise at public expense. [^4^ added hy
chap. 891, Laws of 1911, and amended by chap, 820, Laivs of
1913, and chap, 5, Laws of 1914.]
* §46. Designations ; how made. Designations of candi-
dates for party nominations or for election to party positions sliall
bo by petition only, in the manner provided by this chapter. Q-A^
added hy chap, 820, Ijaios of 1913.]
Desigitations and Nominations 31
§ 48. Designation by petition. 1. Every petition for
the designation of a candidate for party nomination or for elec-
tion to a party position shall be in substantially the following
form:
I, the undersigned, do hereby certify that I am a duly enrolled
voter of the P^r^> as hereinbelow specified, and
entitled to vote at the next primary election of said party, that my
place of residence is truly stated opposite my signature hereto,
and I do hereby designate the following named person, or persons,
as a candidate, or candidates, for nomination by the
party for public office, or offices, or as a candidate or candidates
for election to the position or positions, of the said party to be
voted for at the official primary election to be held on the
day of , A. D., , as hereinafter specified,
and it is my intention to support at the ensuing primary the can-
didacy of the person or persons and each of them herein desig'
nated by me.
Public office
Xame of candidate. or party position. Place of residence.
I do hereby appoint (here insert the names and addresses of at
least three persons) as a committee to fill vacancies in accordance
with the provisions of the election law.
In witness whereof, I have hereunto set my hand the day and
year placed opposite my signature.
Election districtt
Date. Name of signer. Residence. town or ward.
STATE OF NEW YORK, 1 .
County of J "
On this day of , in the year ,
l>efore me personally came (here shall be inserted the names of
^ch and every voter appearing and making oath before the said
officer) each of whom was to me personally known and known
82 The Election Law
by me to bo the voter whoflo name and place of residence is sub-
scribed by him to the foregoing certificate and each of the fore-
going voters being by me duly and severally sworn did make oath
that he is a voter and has truly stated his residence, and that it
is his intention to support at the polls the candidacy of the person
or persons designated for nomination for public office in the fore-
going certificate of designation, if the same are nominated.
(Signature and official title.)
' 2. Any signature to a designating petition for the primary may
as an alternative be authenticated by a qualified witness in the
same manner as in the case of a nominating certificate for the
election, as provided in section one hundred and twenty-three of
the election law, the forms and procedure being changed to apply
to the primary instead of the election, and with like penalty for
any false affidavit, certificate or statement by any person. Xo
signature to a designating petition shall be counted unless authen-
ticated either by acknowledgment or by a witness as aforesaid.
3. A petition for the designation of candidates for party nomi-
nation or for election to party position may designate candidates
for nomination for one or more public offices, Or for election to
one or more party positions, or both.
4. Petitions for the designation of candidates for party nomina-
tions or for the election of candidates for party positions or both
shall be signed by enrolled voters resident within the political
subdivision or unit of representation for which the nomination or
election is to be made to a number equivalent to not less than three
per centum of the total number of enrolled voters of the party
residing within said political subdivision or unit of representa-
tion, as determined by the last preceding enrollment, provided,
however, that for the following officers the number of signatures
need in no case exceed the following fixed limits:
For the office of United States senator or for any office to be
filled by all the voters of the state, three thousand signatures ;
For the office of justice of the supreme court, judge of the
court of general sessions in the city of New York, and judge of
the city court of the city of New York, fifteen hundred
signatures ;
For any office to be filled by all the voters of a city containing
more than a million inhabitants, fifteen hundred signatures ;
For any office to be filled by all the voters of any other city of
the first class or of any county or borough containing moro than
two hundred and fifty thousand inhabitants, according to the last
preceding federal or state enumeration, one thousand signatures;
Designations and Nominations 38
For any office to be filled by all the voters of any county or
borough containing more than twenty-five thousand and not over
two hundred and fifty thousand inhabitants according to the last
preceding federal or state enumeration, or of any city of the second
class, or of any congressional or senatorial district, five hundred
signatures;
For any office to be filled by all the voters of any other county
or of any city of the third class or of any assembly district, two
hundred and fifty signatures.
For any office to be filled by the voters of any political sub-
division contained within another political subdivision, not to ex-
ceed the number of signatures required for such larger sub-
division; and for any office to be filled by the voters of a
subdivision containing more than one assembly district, county
or other political subdivision, not to exceed the aggregate of the
signatures required for the subdivisions or parts of subdivisions so
contained.
5. All papers signed and verified in the manner and form above
prescribed for the purpose of designating the same candidate for
nomination for the same public office or the same party position
shall, when bound together and offered for filing as provided in
this chapter, be deemed to constitute one petition with respect to
said candidate.
No enrolled voter shall join in designating a greater number of
candidates for party nomination for a public office pr for election
to a party position than the number of persons to be elected
thereto. Where an enrolled voter shall sign any petition or peti-
tions designating a greater number of candidates than he is per-
mitted to designate as aforesaid his signatures, if they bear the
same date, shall not be counted, and if thev bear different dates
they shall bo coimted in the order of their priority of date and
only so far as he was entitled to make designations. [As
amended by chap. 820, Laws of 1913, chap. 678, Lairs of 1915,
and chap. 537, Laws of 1916.]
§ 49. Filing of desisnations. 1. Where to be filed. All
designations of candidates for offices and for election to party posi-
tions shall be filed with the officer with whom independent certifi-
cates of nomination for such office or offices are required by this
chapter to be filed. All designations filed in accordance with the
provisions of this section or certified copies thereof shall forth-
with be conspicuously posted by the secretary of state or custodian
2
84 The Election Law
of primary records in his office, and shall remain so posted until
primary day, and shall be open to inspection as public records at
all reasonable hours; and each such officer shaU provide ample
and sufficient facilities for keeping and posting said records and
for making copies of the sama Forthwith upon the filing of a
petition designating a person for nomination to public office,
the board or officer with whom the same is filed shall mail notice
thereof to each person named as a candidate for nomination to
Bucli office in such petition.
2. When to be filed. All designations shall be filed not earlier
than the fifth Tuesday and not later than the fourth Tuesday pre-
ceding the primary at which the candidates therein designated
are to be voted for. All designations shall at the time of the fil-
ing thereof be stamped or indorsed by the secretary of state, or
the custodian of primary records, as the case may be, with the
day, hour and minute of such filing. \As added hy ch4ip. 891,
Laws of 1011, and amended hy chap. 820, La^vs of 1913, chap.
244, Laws of 1914, aiid chap. 537, Laws of 1916.]
§ 50. Declination by person desig:nated. The name of
a person designateil as a candidate for nomination or for party
position shall not be printed on the official ballot if he notifies the
officer with whom the original certificate of his designation is
filed in a writing signed and duly acknowledged by him that he
declines the designation. Such declination, to be eflFective, must
be filed within six days after the third Tuesday preceding the
ensuing primary. The officer with whom such declination is
filed shall forthwith inform bv mail or otherwise the committeo
authorized to fill vacancies in designations, and if such declina-
tion be filed with the secretary of state, such officer shall also give
immediate notice bv mail or otherwise of such declination to the
several custodians of primary records for the election districts
affected by such declination. The vacancy created by such
declination shall be filled not later than the second Tuesday pre-
ceding the primary election.
If a candidatx? designated for nomination does not decline the
designation within thie time hereinbefore mentioned, and he is
thereafter nominated at the official primary election, his .name
shall be printed on the official ballot as the candidate of the party
or body holding the primary, and he shall not be permitted to
decline such nomination. [As added by chap. 891, Laws o/ 1911,
and amended by chap. 820, Laws of 1913, and chap. 244, Laws
of 1914.]
Designations and Nominations 35
§ 51, Certification by secretary of state. The secre-
tary of state shall not later than the second Thursday before
an official primary election^ except a primary election held to nom-
inate candidates to be voted for at a special election, prepare and
transmit to the several custodians of primary records within the
political subdivisions where the candidates, designations of whom
have been duly filed with him are to be voted for, a certificate
setting forth the names and residences of such candidates and the
titles of the offices for which they are named, and the name of the
party upon whose primary ballot their names are to be placed,
and the order in which such candidates' names are to be printed
under the title of an office or party position, and the order of
P'oups of candidates for the same position, if any. \As added
by chap. 891, Laws of 1911, and amended by chap. 820, Laws
of 1913, and chap. 244, Laws of 1914.]
§ 52. Vacancies in designations^ hour filled. If a
candidate regularly designated for election to party position, or
for a party nomination for public office, declines a desiismation or
dies before the primary day, or is found to bo disqualified to hold
the office or position for which he has been designated, the commit-
tee to fill vacancies, if any, which may be appointed by the signers
and shown upon the face of the petition of designation, may make
a new designation, to fill the vacancy so created, by making and
filing with the officer with whom the original designation was filed
a certificate setting forth the cause of the vacancy, the name
of the person designated by them, the name of the original can-
didate, and the name of the party for whoso primary the original
designation was made. Such certificate shall be subscribed and
acknowledged by a majority of the members of the committee to
fill vacancies, who shall severally make oath that the matters
therein stated are true, to the best of their knowledge and belief,
and when so filed such certificate shall have the same force and ef-
fect as the original designating petition. In case such certificate
shall be filed with the secretary of state, he shall forthwith certify
to the proper custodian, or custodians, of primary records the name
of the person designated by such certificate and such other facts
as are required to be stated therein. In case the certificate from
the secretary of state shall be received by a custodian of primary
records, or an original certificate of designation as in this sec-
tion provided for shall be filed with him, after the official ballots
have been printed and before primary day, it shall be his duty
^0 prepare and furnish to the inspectors of election in each elec-
rJ6 The Electioit Law
tion district affected adhesive pasters containing the name of the
'candidate designated to fill the vacancy with directions for the
proper nse thereof. The pasters shall be of plain white paper,
printed in plain black ink and in the same kind of type used in
printing the names of the candidates upon the official ballots,
and shall be of a size as large as and no longer than the space
occupied upon the official ballot by the name of the candidate
in whose place the candidate named upon the paster has been
designated. Whenever such pasters are provided, the officer or
board furnishing them shall certify, to the inspectors of election
. in the election districts affected by the vacancy, the name of the
person originally designated, the name of the person designated
in the new certificate, the title of the office or party position for
which the designation is made, the name of the political party
to which the committee making the designation belongs, and shall
state the number of pasters furnished, which number shall be
equal to the number of official ballots furnished for each such
district. Upon the delivery of said pasters the inspectors of
election shall sign and receipt for the same, which receipt shall
be retained by the officer or board furnishing the pasters, and
shall be part of the record of his or their office. The inspectors
shall affix one of such pasters in the proper place and in a proper
manner upon each official ballot before such ballot shall be de-
livered to a voter. When so affixed to an official ballot the paster
shall be a part of the official ballot The inspectors shall in-
clude in their statement of ballots a statement showing the num-
ber of pasters received by them, the number of pasters affixed
to official ballots and the number of unused pasters returned by
them, the unused pasters to be inclosed in the. package of ballots
not delivered to voters. The use of any paster upon the official
ballot otherwise than as herein provided is hereby prohibited.
[As amended by chap. 820, Laws of 1913.]
§ 53. Delegates to national party conventions. The
rules and regulation of each political party may prescribe that the
delegates and alternates to a national convention of that party shall
be elected from congressional districts, or partly from the state at
large and partly from congressional districts but such rules shall
not provide for the election of more than four delegates and four
alternates from the state at large.
In each year when a president of the United States is to be
elected, delegates and alternates-at-large, and district delegates and
alternates, to national party conventions shall be elected at the
Designations and INTominations 3T
spring primary. Candidates for the position of delegates a^d
altemates-at-large to said conventions shall be designated in the
same manner as prescribed by this chapter for the designation of
candidates for party nominations for offices to be filled by t^e
voters of the entire state, and district delegates and alternates fo
said convention shall be designated in the same manner as pre-
scribed by this chapter for the designation of candidates for party
nominations for the office of representative in congress; save that
the time for filing designations as hereinbefore prescribed shall be
computed with respect to the spring primary instead of the fall
primary. [^As a/mended by chap. 4, Laws of 1912, and chap. 820,
Laws of 1913.]
§ 54. Presidential electors. In each year when a presi-
dent of the United States is to be elected, candidates for the office
of elector for president and vice-president of the United States
shall be' nominated by the state committee of each of the parties to
which this act applies, one for each congressional district, and two
at large. The candidates so nominated shall be certified to the
secretary of state in the same manner as party nominations for
state offices.
§ 55. Existing state and county oomntittees con-
tinned. Party state and county committees now existing shall
continue until their successors are elected as provided for in this
act. [As amended by chap, 4, Latvs of 1912, and chaps. 587 and
820, Laws a/ 1913.]
§ 55-a. Objections to designating petitions. A
written objection to any petition for the designation of a candidate
for party nomination or for election to party position may be filed
with the board or officer with whom the original petition is filed
within three days after the filing of such petition. If such objec-
tion be filed, notice thereof shall be given forthwith by mail to the
committee, if any, appointed on the face of such petition for the
purpose specified in sections forty-eight and fifty-two of this chap-
ter, and also to each candidate designated by such petition. The
questions raised by such written objection shall be heard and deter-
mined as prescribed in section one hundred and twenty-five of
this chapter. The supreme court, at special term, in any judicial
district in which two or more proceedings are pending in such dis-
trict under the provisions of this section may, by order, consoli-
date all such proceedings and provide that further proceedings
therein be had before such court at special term, in all cases where
88 The Election Law
the question or questions involved are identical. If one or more
of such proceedings be pending before a justice or county judge,
notice of such order shall be forthwith given to such justice or
judge. [As added by chap. 820, Laws of 1913, and amended by
chap. 244, Laws o/ 1914.]
§ 56, Contests; judicial revieir. Any action or neglect
of the officers or members of a political convention 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 voter, political committee, political convention, officer or
board, by this article, shall be reviewable by suinmary proceedings
upon the petition of any person aggrieved thereby, or upon a
petition presented by the chairman of any political committee,
which summary proceedings may be instituted before the supreme
court or a justice thereof within the judicial district where the
transaction, act or neglect of duty took place. Such proceedings
shall be heard upon such notice as the court or justice thereof
shall direct. In reviewing such action or neglect, the court, jus-
tice or judge shall consider, but need not be controlled- by, any
action or determination of the regularly constituted party au-
thorities upon the questions arising in reference thereto, and shall
make such decision and order as, under all the facts and circum-
stances of the case, justice may require. For the purposes of this
section, service of any notice or order or other process of the court
or justice thereof upon the chairman or secretary of a committee
or l)oard whose action is sought to be reviewed or directed shall
be sufficient. The action of any custodian of primary records in
canvassing and certifying the result of any primary election, or of
the secretary of state in preparing and certifying the list of
members of a state committee, may be reviewed in like man-
ner by the supreme court, or a justice thereof, which by order
may make any change in the result of such primary election as
certified to by the custodian of primary records, or any change or
alteration in the list of members of a state committee prepared
by the secretary of state, as justice may require. The change or
alteration so made, if the result is as to the nomination of a candi-
date for an elective office, the name of the person so adjudged to
have been duly nominated in accordance with the provisions of
this chapter at such primary for such elective office shall be
Designations and Nominations 39
placed upon the official ballot as the candidate for the party hold-
ing such primary. Proceedings taken under this article shall havo
precedence and priority over all other actions and proceedings in
the supremo court or before a justice thereof. The court, or a
justice thereof, upon such proceeding, shall havo the right to sub-
poena and examine witnesses, or in its discretion to hear and deter-
mine the case upon affidavits. In case the court or a justice thereof
should find and determine that both parties to the controversy had
been gtiilty of frauds or that the primary has been so permeated by
fraud as to render it impossible for him to determine the true re-
sult of such primary and who was elected thereat, such court or
justice shall have the right to direct the holding of a new primary
at the same place and in the same manner as the regular official
primary. The court, or justice thereof, in case of ordering a new
primary, may include in such order directions for the canvassing
of the vote of such new primary. [As amended by chap. 820,
Laws of 1913.]
§ 58. Official primary ballot. There shall be prepared,
printed and supplied in the manner hereinafter provided, for use
at official primary elections, official primary ballots, and except as
otherwise expressly provided in this chapter, no other ballot shall
be used at an official primary election.
Xo names of candidates for any nomination to public office
or election to a party position shall be printed upon the official
primary ballot, except upon designation duly made as prescribed
in this chapter; nor shall any names, words, or signs, or writing
whatever bo printed, written, stamped or in any manner placed
upon an official primary ballot except as herein provided.
The official primary ballots shall conform in quality, weight,
and style of printing, to the ballots prescribed in this chapter for
use at the general election, excepting that the title of the party
position or office shall be printed in a space three-eighths of an
inch in depth, and the name of the candidate therefor shall be
printed in a space one-fourth of an inch in depth, instead of one-
half inch. The ballots of no two parties shall be of the same color.
The secretary of state shall designate the color of ballots for each
party. The ballot shall be printed upon the same leaf with the
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 following instructions to voters to be printed on the faca
40 The Election Law
thereof in type known as brevier, with the word " Instructions "
in larger type above:
" This ballot must be marked with a pencil having black lead.
To vote for any candidate whose name is printed on this ballot
make a cross X mark in the voting space at the left of the name.
To vote for any person whose name is not printed on this ballot
write the name of such person in the blank space provided for
that purpose under the title of the public office or party position
to which you wish him nominated or elected. 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 it cannot be
counted as a vote for any candidate. If you tear or deface or
wrongly mark this ballot, return it and obtain another, but only
one additional ballot may be thus obtained."
Upon the face of the ballot and directly below the perforated
line shall be printed the following: ^^ Official ballot for the
primary election of the (name of party) party," the name of the
county and town or city ; the date on which such primary is held:
the party emblem; the assembly district number, number of the
ward (in any city divided into wards), and the election district
number, directly below which shall be printed a heavy black
horizontal line.
The face of the ballot below the perforated line shall be divided
into two parts by a heavy black vertical line one-fourth of an
inch in width. Immediately below the perforated line in the
center of the space at the left of said vertical line shall be printed
the caption *' Candidates for nomination for public office.'' Under
said caption the names of candidates for nomination for public
office shall be printed under the titles of the respective offices for
which they are candidates respectively, in capital letters in black-
faced type not less than one-eighth nor more than three-sixteentlib
of an inch in height, so that the names of all candidates for nomi-
nation for an office shall be printed under the title of said office,
and so that the said offices shall appear in the same consecutive
order in which they appear upon the official ballot for the general
election. Immediately below the title of each public office shall
be printed in brevier lower case type a direction to the voters as to
the number of persons to be voted for, in the following words :
" Vote for " (the blank space being filled with
the number of persons to be nominated for said office at the offi-
cial primary election). Immediately below this division and
separated therefrom by a horizontal line shall be printed the name
Designations and Nominations 41
or names of candidates duly designated for snch office. The
order in 'which the names of candidates shall appear under the
title of an office shall be determined by the board or officer with
whom designations are filed by lot in the presence of the candi-
dates or their representatives, if present, and other persons re-
quired to be notified. At least two days' notice by mail shall be
given to all candidates whose names appear on designating peti-
tions and to the members of the committees, if any, appointed
hy such petitions, of the time and place of such determination,
except that when any such designation petition is filed with the
board of elections of the city of Kew York such notice shall be
given only to the members of the committee, if any, appointed by
such petition.
If a vacancy be filled after the position of such names has been
determined, the name of the newly designated candidate shall be
printed in the order determined for the candidate whose designa-
tion was made vacant.
Immediately below the names of all the candidates in the case of
eack public office there shall be left a blank space or blank spaces
eqnal in number to the number of candidates to be nominated for
said office. The voter at the official primary election may write
in such blank space or spaces the name of any person or persons
for whom he desires to vote whose name or names are not printed
npon the ballot. Voting spaces shall be provided at the left of each
column opposite the names of candidates in the same manner as
provided for on the official ballot for the general election.
Immediately below the said perforated line and in the space at
the right of said vertical line shall be printed the caption " Candi-
dates for party positions." Under said caption the names of
candidates for election to party positions shall be printed under
the titles of the respective party positions for which they are
candidates respectively, so that the names of all candidates for a
party position shall be printed under the title of said position,
and so that the said party positions shall appear in the following
order: member of state committee; member (or members) of
county conamittee.
At the spring primary, in a presidential year, such heavy ver-
tical dividing line shall be omitted, and under the caption *' Can-
didates for party positions " the titles of such positions shall be
printed in the following order: delegates and alternates at large
to a national convention ; district delegates and alternates to a na-
tional convention; member of state committee; member (or mem-
hers) of county committee.
42 The Election Law
Immediately below the title of each of said party positions shall '
1)0 printed in brevier lower case type a direction to voters as to tho
number of persons to be voted for, in the following words : ^* Voto
for " (the blank space being filled with the number
of persons to be elected to said party positions at the official pri-
mary election). Immediately below this direction and separated
therefrom by a horizontal line shall be printed the name or names
of candidates duly designated for such party positions in such
order as the board or officer with whom designations are filed may
by lot determine, upon the notice and in the manner provided for
determining the order in which candidates for nomination to pub-
lic office shall be printed. Immediately below the names of all
the candidates in the case of each party position there shall be left
a blank space or blank spaces equal in number to the number of
candidates to be nominated for said positions and the voter at
the official primary election may write in such blank space or
spaces the name or names of any person or persons for whom ho
desires to vote whose name or names are not printed upon the
ballot. Voting spaces shall be provided at the left of each column
opposite the names of the candidates in the same manner as pro-
vided for on the official ballot for the general election.
Where two or more candidates are to bo elected to a party
position, tho names of candidates designated by each petition shall
be grouped, and the order in which the groups shall be placed,
together with the order of the names within each group, shall be
determined by lot, in the manner provided in this section, for
determining the order in which the names of candidates shall be
printed under the title of an office or party position.
The officer or board charged with the dutv of printini;, pre-
paring and distributing ballots shall determine in how^many
vertical columns the ballots shall be printed; provided, however,
that the names of all persons designated for nomination to tlio
same office or for election to the same party position shall appear
in the same column.
To the left of the voting spaces, other than tho voting spaces
adjoining the heavy black vertical line dividing the names of
candidates for public office from candidates for party positions,
there shall also be a heavy vertical black line one-half the width
of such dividing line, or one-eighth of an inch in width.
The names of candidates for nomination for public office and
the names of candidates for party positions shall be numbered
Desigxatioxs and Nomixations 43
consecutively with arable numerals printed in heavy faced type
at the left of the name of each candidate and at the right of the
voting space aforesaid, from one upward beginning with the
name of the first candidate for nomination for public office whose
name is printed first upon the ballot in the column at the left
and continuing consecutively through the names of said candi-
dates for nomination for public office and then consecutively
through the names of the candidates for party positions; except
that where there are two or more candidates for a party position
gronpe<l as hereinbefore provided, each group shall have but one
number, which shall be printed opposite the approximate center
of the group, and there shall be between each group, including
the group of spaces for names not printed, a blank space five-
sixteenths of an inch in depth.
Where the name of a candidate for nomination for the same
public office or for election to the same party position is desig-
nated by two or more petitions, it shall be placed upon a ballot
only once; if a candidate for a party position to be filled by two
or more persons be designated in more than one petition, his name
shall be printed only in the group of candidates designated by the
petition first filed; provided that nothing herein contained shall
prevent the printing of the name of a candidate upon the same
official ballot as a candidate for nomination for public office and
at the same time as a candidate for one or more distinct party
positions.
On the back of the ballot below the stub and immediately
at the left of the center of the ballot shall be printed the name
and emblem of the party, and in great primer roman condensed
capitals *' Official primary ballot for,'' and after the word '* for "
shall follow the designation of the election district for which the
ballot is prepared, the date of the primary election, and a fac-
simile of the signature of the officer who has caused the ballot to
be printed. Immediately above the center of such indorsement and
upon the back of the stub, shall be printed the consecutive number
of the ballot beginning, on the ballots of each party, with *' num-
ber one," and increasing in regular numerical order, and on the
back of the stub below the number, the name of the party. All
official primary ballots shall, so far as it conforms to the above
description, be substantially in the following form: [^As added
by chap. 891, Laws of. 1911, and amended by chaps. 800 and 820,
Laws of 1913, and exclusive of the ballot form by chap. 244,
Laws of 1914.]
44 The Election Law
^ARTICLE 4-A
Conduct of Official Primary Elections; Can-
vass of Returns
^Section .70. Organization and conduct of oflSicial primaries.
71. Qualifications of voters at oflScial primaries.
72. Challenges at official primary elections.
73. Expense of official primaries.
74. Primary districts, officers and polling places.
75. Notice of official primaries.
76. Restrictions as to place of primaries.
77. Removals from, and filling vacancies in, boards of
primary election officers.
78. Primary poll-clerks and poll-books, in primary dis-
tricts outside of cities of over one million in-
habitants.
•78-a. Primary poll-clerks and poll-books in cities of
over one million inhabitants.
79. Ballots, booths, books, blanks and supplies.
80. Delivery of ballots and maimer of voting.
81. Unofficial ballots.
82. Preparation of ballot by voters.
83. Persons within the guard-rail.
84. Watchers; challengers; electioneering.
85. Canvass of votes.
86. Intent of voters.
87. Proclamation and statement of result.
88. Preservation of records and papers.
89. Canvass of statements of results; certificates of
election to party position.
90. Filling vacancies and determination of tie vote after
primaries.
91. Party nominations for special elections and to fill
certain vacancies.
92. Unofficial primaries.
93. Penalty for violation.
94. Perjury.
*New article added by chap. 891, Laws of 1913.
* Schedule of section headings and title amended by chap. 820, Laws of 1913.
»New section added by Chap. 678, Laws of 1915.
Primaby Elections; Canvass op Returns 45^
§ 70» Organisation and oonduot of offloial primaries.
1. Election officials for each election district within a primary
district shall comprise the election officers for such primary
district.
2. A.11 said officers shall take and subscribe the constitutional*
oaA of office, before entering on the discharge of their duties.
3. Such primary shall be held open, for voting thereat, from •
seven o'clock in the forenoon until nine o'clock in the evening
except in a city of over one million inhabitants, where such
primary shall be held open, for voting thereat, from three o'clock
in the afternoon until nine o'clock in the evening.
4. The primary election officers shall perform the same duties
that they are required to perform in a general election, and such
additional duties as are in this chapter prescribed and shall re-
ceive the same pay as for services on the last day of registration ;
except that in any city of over one million inhabitants, they shall
respectively receive seven dollars and fifty cents for their services
at each official primary.
5. In each year an official primary election shall be held on
the seventh Tuesday before the general election ; in each year in
which a president of the United States is to be elected, an addi-
tional official primary election shall be held on the first Tuesday
in April.
6. Subject only to such differences as are herein provided or as
may be necessary, the primary in a city of over one million in-
habitants shall be conducted in the same manner as the general
election. In any such city, a chairman of the board of primary
inspectors shall be selected in the same manner as a chairman of
a board of inspectors at a general election. [As a/mended hy
chap. 820, Laws of 1913, chap. 678, Laws of 1915, and chap. 537,
Laws of 1916.]
§ 71. Qualifications of voters at official primaries.
Ko person shall be entitled to vote at any official primary unless
he is duly enrolled and may be qualified to vote on the day of
election. The primary election inspectors shall decide all ques-
tions that arise relating to the qualifications of voters.
§ 72. Cliallenges at official priniary elections. The
right of an enrolled voter 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 voter shall be
46 The Election Law
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:
"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) ? "
§ 73. Expense of official primaries. The expense of
official primary elections, including the expense of preparing and
copying new enrollment books and the compensation herein pro-
vided to be paid to primary election officers, shall be paid by the
same officers or boards and in the same manner, as the expenses of
general elections. If provision shall not have been made for tlie
payment of such expense in any year, then the officers who are em-
powered bylaw to make such provision in any county, city, town
or other political subdivision of the state, are hereby authorized
and directed to raise money to such an amount as may be neces-
sary, in any manner provided by law for meeting expenses in
anticipation of the collection of taxes and to pay such expense
therefrom. The amount so raised shall be included in the amount
to be raised by tax in the ensuing year.
§ 74. Primary districts, officers and polling: places.
The custodian of primary records shall thirty days before each
official primary day, divide every ward in a city, except a city of
over four hundred thousand inhabitants, and divide every village
having five thousand inhabitants or more, 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 or village, the highest numbered ele<*tion district shall
be a primary district by itself. There shall be two polling places
in each of such primary districts which shall be designated and
provided at public expense by the officers or boards whose dutj* it
is to provide polling places for days of general election, and
which shall be, so far as they are available, the same places as
were used for the last preceding general election. The custodian
of primary records shall assign one of the polling places in each
such primary district to the party which, at the last election of
governor, cast the highest number of votes for governor, and at
Pkimary Elections; Canvass of Retuens 47
the other polling place in such primary district there shall Ixj
held the primary elections of all other parties. In all other
villages and towns, and in each city having over four hundred
thousand inhabitants, each election district shall constitute a
primary district. In a city, town or village in which each elec-
tion district constitutes a primarj'- district there shall be for each
primary district primary election officers, who shall consist of
the election inspectors, poll clerks and ballot clerks for the elec-
tion district comprising such primary district and such inspectors
shall be the board of primary inspectors. In election districts in
which voting machines are used at the general election the ballot
clerks to serve at the primary election shall be appointed by the
board of election inspectors for the purposes of such primary elec-
tion only. In a city or village having more than five thousand
inhabitants, except a city having over four hundred thousand in-
habitants, there shall be for each primary district two groups
of primary election officers, one of which shall consist of the
election inspectors, poll clerks and ballot clerks for the election
district or districts comprised within such primary district who
shall at the time represent the party which at the last i>receding
election of a governor shall have east the largest number of votes
for governor, and the other of which shall consist of the election
inspectors, poll clerks and ballot clerks who shall represent the
party which, at such election, shall have cast the second largest
number of votes for governor. The first mentioned officers shall
conduct the primary election of the party represented by them
and the second mentioned officers shall conduct the primary elec-
tions of all other parties at the time entitled to hold primary elec-
tions. The election inspectors belonging to each such group of
primary officers shall be the board of primary inspectors. In a
primary district having two Ix^ards of primarv^ election inspectors
each board shall elect an inspector chairman of the board before
the opening of the polls at a primary election. In a primary dis-
trict having one board of primarv election inspectors the chair-
man of the board of election inspectors for the election district
shall, if present, be the chairman of such board of primary offi-
cers, except as otherwise provided by law.
In a city, town or village in which each election district con-
stitutes a primary district the polling place in each such primary
district shall be designated and provided at public expense by
the officers or boards whose duty it is to provide the polling places
for the general election, and, where practicable, it shall also be
the same place that was used at the last preceding general eleor
48 The Election Law
tion, unless, in a city having over one million inhabitants, the
primary polls be placed in a school or other public building as
provided in section two hundred and ninety-nine. [As amended
by chap. 820, Lams of 1913, chap^ 678, Laws of 1915, and chap.
537, Laws of 1916.]
§ 75. Notice of Official primaries. At least thirty-five
days before each official primary day the chairman of the general
committee of each party subject to the provisions of this article,
shall certify and deliver to the custodian of primary records a
statement of the committees and offices for which members or can-
didates as the case may be, are to be elected or nominated thereat,
and the number of members of committees, to be elected in each
unit of representation. If delegates and alternates to a national
party convention are to be chosen at the primary, such statement
shall certify the number to be elected in each unit of representa-
tion. The custodian of primary records shall prepare a notice of
each official primary election provided for by this article, and shall
publish such notice, not more than thirty-five days and not less
than thirty 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
voters may vote at each such polling place, the name of the party
or parties whose primary elections will be held thereat, and the
national party conventions, party committees or public offices for
which delegates, members or candidates, as the case may be, will
be chosen thereat. [As amended by chap. 820, Laws of 1913.]
§ 76. Restrictions as to place of printaries. 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.
§ 77. Removals from, and filling vacancies In^
boards of primary election officers. Removals from boards
of primary election officers shall be made, and vacancies occiirring
in such boards shall be filled, in the same manner as is provided in
this chapter for making removals from boards of election officers
and for filling vacancies therein on a day of registration.
Pkimaby Elections ; Canvass of Retubns 49
§ 78. Primary poll-olerkfl and poll-books, in pri-
auury districts ontside of cities of over one million
inlLabitants. The provisions of this section shall apply only to
primary districts outside of a city having over one million inhab-
itants. Each primary poll-clerk at each polling place at an official
primary election shall have a poll-book for each party in each
election district within the primary district for keeping the list
of enrolled voters voting, or offering to vote thereat at the primary
election. Each such book shall have columns headed respectively
"number of enrolled voter," "name of enrolled voter," "resi-
dence of enrolled voter," " number on ballots delivered to enrolled
voter," " number on ballot voted," and " remarks."
Upon each delivery of an official primary ballot by the primary
ballot clerk to an enrolled voter, the primary poll-clerk shall enter
upon the poll-book of the election district in which the enrolled
voter resides, in the appropriate column, the number of the en-
rolled voter, in the successive order of the delivery of the ballots
thereto, the name of the enrolled voter in the alphabetical order
of the first letter of his surname, his residence by street and num-
ber, or if he have no street number, a brief description of the
locality thereof, the printed number upon the stub of the ballots
delivered to such enrolled voter, and the number of the ballot
voted by him. If the ballot delivered to any enrolled voter shall
be returned by him to the primary ballot clerk, and he shall
obtain a new ballot, the primary poll-clerk shall write opposite
his name on the poll-book in the proper column, the printed
number of the stub of such ballot. Each primary poll-clerk shall
make a memorandum upon his poll-book opposite the name of
each person who shall have been challenged and taken either of
the oaths prescribed upon such challenge, or who shall have re-
ceived assistance in preparing his ballot and shall also enter upon
the poll-book opposite the name of such person the names of the
primary officers or persons who render such assistance, and the
cause or reason assigned for such assistance by the elector assisted.
As each enrolled voter offers the ballot which he intends to vote
to the primary inspector, each primary poll-clerk shall report to
the primary officers whether the number entered on the poll-book
kept by him as the number on the ballot last delivered to such
enrolled voter is the same as the number on the stub of the ballot
so offered. As each enrolled voter votes, each primary poll-clerk
shall enter in the proper column on his poll-book the number on
the stub of the ballot voted. Upon the close of the polls of the
primary election, the primary poll-clerks and all primary officers
60 The Election Law
shall compare the poll-books with the enrollment books or rois-
ters and correct any mistakes found therein. [As amended by
chap. 678, Laws of 1915.]
§ 78-a. Primary poll-clerks and poll-books in
cities of over one million inkabitants. 1. The pro-
visions of this section shall apply only to primary districts within
a city having over one million inhabitants.
2. In every such city each primary poll-clerk at each polling
place at an official primary election shall have a poll-book for
keeping the list of enrolled voters voting or offering to vote thereat
at the primary election. In each primary district of such city
the poll-book shall be arranged in columns as provided in this
section, and the leaves of such poll-book shall be indexed from
A to Z. Columns one to seven inclusive shall be arranged upon
the left hand pages of said book, and the remaining columns upon
the right hand pages. The first column of the poll-book shall be
entitled "number of voter voting at the primary," and in such
column, as the name of each enrolled voter voting at such primary
is recorded, shall be entered a number opposite the name, begin-
ning with "one'' opposite the name of the first voter voting at
the primary of any party in such election district and continuing
in numerical order to and including the last voter voting at such
polling place. The second and third columns shall together be
entitled "name of enrolled voter," with the respective sub-titles
" surname" and " given name or names." A& the enrolled voters
in the respective parties present themselves to vote at such pri-
mary the surnames of such voters shall be entered in such second
column in the alphabetical order of the first letter of such names
on the pages bearing the index letters of such surnames. In the
third column shall be entered the christian or given name or
names of such voters respectively. The fourth column shall be
entitled " residence of enrolled voter," and in such column shall
bo entered the residence of each such voter. The fifth column
shall be entitled "party of enrolled voter," and in such column
shall be entered the name of the party in which each such voter
is enrolled and in whoso primary he is participating. The sixth
column shall be entitled " signature of enrolled voter (or number
of identification statement)," and above each horizontal line in
said column shall bo printed the words " The foregoing entries
arc true and correct," and in such column, below such words
printed above the line on which his name is entered, each voter
participating in the primary shall sign his name by his own hand
Pbimary Elections; Canvass of Returns 51
and without assistance, using an indelible pencil or ink, or in
default of such signature (in case only of inability to sign as
hereinafter provided) shall be entered the number of such voter's
identification statement. The seventh column shall be entitled
*' signature compared by inspector/' and before the voter shall
receive a primary ballot, one of the inspectors, other than the
inspector who receives the primary ballots from the enrolled
voters, shall compare the voter's signature then and there made in
such poll-book with the same voter's signature theretofore made in
the registration book on registration day, and such inspector shall
then and there sign his initials in said seventh column in evi-
dence thereof. The eighth, ninth and tenth columns shall be
grouped together under the title " number of primary ballot deliv-
ered to enrolled voter" with the respective sub-titles "first ballot,"
'* second ballot," " third ballot," and in such column or columns,
beginning with the eighth, shall be entered the number on the
ballot (or successive ballots) delivered to such voters respectively.
Then shall follow as many columns as there are parties holding a
primary in such election district, grouped together under the title
** number on primary ballot voted," and at the top of each column
shall be printed the name of one of such parties, the party names
to be arranged in the order of the size of their respective vote for
governor at the last preceding general election, the party casting
the highest number of votes for governor to come first, and so on ;
and the number upon the ballot voted by each such enrolled voter
shall be entered in the column bearing the name of the party
whose ballot he casts. The last column in such poll-book shall be
entitled "remarks regarding challenges, oaths, and other facts
required to be recorded," and in such column shall be entered,
opposite the name of each voter, such record of challenges, oaths,
and other facts relating to him as this law requires to be entered
in the poll-book and are not otherwise provided for.
3. The procedure with respect to recording in each such poll-
book the names of and other particulars concerning the enrolled
voters presenting themselves to vote at any primary, obtaining,
eomparing and certifying to their signatures prior to the delivery
of ballots to them, or obtaining identification statements in lieu of
such signatures, recording and announcing the ballots delivered
and voted, making and recording challenges, and all other pro-
cedure with respect to the taking of the vote at any party primary
shall be the same as that prescribed for the general election, and
except as othwnvise provided in this article, all provisions of arti-
cle ten of the election law applying to the taking of the vote at a
52 The Election Law
general election shall apply equally to each party primary. [As
added hy chap. 678, Laws of 1915.]
§ 79* Ballots, booths, books, blanks and supplies.
The custodian of primary records shall have for each party printed
ballots for each election district equal in number, as near as may
be, to one and one-third times the total number of enrolled voters
of the party in the election district, prepared as herein described.
Such ballots and the sample ballots and the original enrollment
books, poll-books, blanks and stationery shall be delivered by the
board of elections, at its office on the Saturday before the primary
election for which they are needed to each town or city clerk in
the county, except in New York city and in the city of Buffalo.
It is hereby made the duty of each such town or city clerk to call
at the office of such board at such time and receive such ballots
and supplies. Each such town or city clerk shall deliver to the
proper polling places in their city or town the ballots and such
supplies for such primary election, at least one-half hour before
the time fixed for opening the polls. In the cities of New York
and Buffalo, such custodian shall cause such supplies to be deliv-
ered to the proper primary officers at the various polling places at
least one-half hour before the time fixed for the opening of the
polls. The polling places, voting booths, guard-rails, distance
jharkers, ballot boxes, sample ballots, poll-books and other .sup-
plies required for official primary elections shall be provided and
^aid for by the same officers, and in the same manner, as in the
case of general elections. At all official primary elections a sep-
arate ballot box with the name and emblem of the party and with
the number of the election district clearly and conspicuously writ-
ten or printed thereon, shall be provided at each polling place for
each party participating in a primary election at such polling
place ; and there shall also be a large box for the reception of un-
voted ballots and an additional box for detached ballot stubs and
there shall be affixed to the outside of the polling place and in at
least two places on the inside thereof, and in a conspicuous man-
ner, placards printed with large-sized bold-faced type, which shall
specify the name of the parties whose primary election is being
held in such polling place. Sample ballots shall be provided by
the custodian of primary records for each party for each election
district, equal in number, as near as may be, to twenty-five per
centum of the number of official ballots required to be furnished
for such party for such election district. Such sample ballots
Pbimaby Elections; Canvass of Betubns 53
shall be printed on paper different in color from the paper used
for the (^Scial ballot, and there shall be no numbers upon the stubs
thereof y but in all other respects such sample ballots shall be pre-
cisely like the official ballots. One of such sample ballots shall be
furnished upon application at any time on primary day to any
voter entitled to vote the ballot of which he requests a sample.
The custodian of primary records shall prepare and furnish
for each board of primary election inspectors two tally sheet
blanks and two statement of result blanks for each party wbos»
primary election is under the jurisdiction of said board of pri-
mary election inspectors. Upon each of said blanks shall be in*
dorsed the name of the party, the name of the county, the number
of the assembly district or ward, or the name of the town, and the
number of the election district for which said blank is to be used^
Each such tally sheet shall consist of thr^e columns separated
from each other by vertical lines running from top to bottom of
each page of the tally sheet. Tn the first column shall be printed
the title of each public office for which a candidate is to be nomi-
nated, and, in the case of the party tally sheets, the name of each
party position to which members are to be elected. Under the
name of each public office, on the party tally sheets, for which
candidates are to be nominated and on the same page shall be
printed, in alphabetical order, the names of all candidates for the
nomination therefor. Under the name of each party position on
the party tally sheets and on the same page shall be printed, in
alphabetical order, the names of all candidates for election
thereto. On all the tally sheets, under the names of the group of
candidates for each public office or party position, shall be printed,
each on a separate line, the words " blank '' and " void " and the
phrase " total number of votes cast for this office (or position),"
and under such phrase shall be left several blank spaces for writ-
ing in names not printed on the ballot. Each name and each such
word, phrase or space upon said tally sheet shall be separated from
each other name and each other such word, phrase or space next
thereto by parallel horizontal lines extending from one side of the
sheet to tiie other. The second column upon the tally sheet shall
be headed, at the top of each page thereof, " Space for tally as
canvass progresses." The third column in like manner shall be
headed *' Space for total number of votes received by each
candidate."
Each such statement of result sheet shall consist of two col-
umns separated from each other by a vertical line running from
54 The Election Law
top to bottom of each page of the sheet. In the first column shall
1^ printed the title of each public office, and, in the case of the
party statement of result sheets, the nanre of each party position,
and the names of all the candidates therefor, which shall be printed
in the same manner and order as upon the tally sheet in the first
column thereof. All names shall be separated from each other
by parallel horizontal lines. At the head of each statement of
result sheet shall be printed the following: " Statement of result
of the vote cast at the official primary election held on the
day of (the blanks being properly filled)," and there
shall also be printed the name of the county, the number of the
assembly district or ward, or the name of the town, and the num-
ber of the election district. At the foot of each such statement of
result sheet shall appear the following certificate to be signed by
the primary election inspectors :
'^ Wo hereby certify that the foregoing statement of result is
true and correct in all respects.
Board of primary election inspectors."
All pages of each tally sheet and of each statement of result
sheet shall be securely bound together in convenient form. [Aa
amended by chap, 891, Laws of 1911, chap. 820, Laws of 1913,
and chap. 244, Laws of 1914.]
§ 80. Delivery of ballots and manner of voting;. No
voter at a primary election shall be given or be allowed to mark
or cast the ballot of any party with which he has not enrolled.
The folding and delivery of ballots and the manner of voting shall
be the same as prescribed for the folding and delivery of ballots
and the manner of voting prescribed by the provisions of this
chapter relating to general elections so far * the same may be
applicable, excepting that each ballot after detachment of the
stub by the officer charged with that duty shall be deposited in
the separate box provided for the party designated on the ballot,
and such officer, in addition to announcing the name of the voter
diud number of the stub, shall also announce the party name
centtfjOn.
for SUCH original.
Primary Elections; Canvass of Returns 55
§ 81. TJnoffleial ballots. If, for any cause, the oflScial
ballots for any party shall not be provided as required by law at
any polling place, upon the opening of the polls of any primary
election thereat, or if the supply of official ballots for atiy party
shall be exhausted before the polls are closed, unofficial ballots,
printed or written, made as nearly as practicable in the form of the
official ballot, may be used.
§ 82. Preparation of ballot by voters. The voter, on
retiring to the voting booth, shall prepare his ballot in the follow-
ing manner: He shall make a cross X mark in the voting square
at the left of the name of each candidate for whom ho desires to
vote. A cross X mark is any straight line crossing any other
straight line at any angle within the voting space and no ballot
shall be declared void because a cross X mark thereon is irrcOTlar
in form. It shall not be lawful to make any mark on the
ballot other than a cross X mark for the purpose of voting, and
such mark shall be made only with a pencil having black lead, and
only in the voting space to the left of the name of a candidate;
except that the voter may write with a pencil having black lead
in the blank space under the title of the proper office or party
position the name of any person or persons for whom he desires
to vote, whose name or names are not printed upon the ballot ; not
exceeding with the candidates for whom he has voted by cross X
mark the total number of persons by whom such office or position
is to be filled. It shall not be lawful to deface or tear a ballot in
any manner, nor to erase any printed name, device, figure, word
or letter therefrom, nor to erase anv mark made thereon bv such
voter nor inclose in the folded ballot any other paper or any ar-
ticle. If the voter deface or tear a ballot, or wrongly mark the
same or make an erasure thereon, he may obtain one additional
ballot on returning to the ballot clerk the one so defaced or wrongly
marked. [As amended hy chap. 820, Laws of 1913, and chap.
537, Lauys of 1916.]
§ 83. Persons Trithln the snard-rall. 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 state-
ments of such canvass shall have been signed, the ballot boxe^
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 officers, duly authorized watchers, persons
admitted by the inspectors to preserve order or enforce the law,
56 The Election Law
and persons duly admitted for the purpose of voting; provided,
however, that any candidate voted for may be present at the
canvass of the votes.
§ 84. Watcbers; clialleiigers; electioneering. The
ballot and other boxes used at any primary shall be examined by
the inspectors in the presence of the watchers, if any, before any
ballots are received. One watcher for each election district mav
be appointed by any political committee, and by any two or moro
of the persons whose names are upon any ballot to be voted
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 or other box at the
opening of the polls of such primary election until after the an-
nouncement of the result of the canvass of the votes cast thereat
and the signing of the statements thereof by the inspectors. A
reasonable number of challengers, at least one person for any three
or more persons of each party holding its primary election at that
polling place, whose names are upon any official ballot at such
primary election, shall be permitted to remain just outside tho
guard-rail of each such polling place, where they can plainly sea
what is done within such rail outside the voting booths, from the
opening to the close of the polls thereat. Xo person shall, while
the polls are open, at any polling place do any electioneering
within such polling place, or within one hundred feet therefrom,
in any public street or in any building or room, or in a public
manner, and no political banner, poster or placard shall be allowed
in or upon such polling place on any primary day. [^As amended
by chap. 820, Laws o/ 1913.]
§ 85, Canvass of votes. As soon as the polls at any official
primary election shall close, the primary inspectors shall forth-
with publicly canvass and ascertain the result thereof, and they
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 chapter shall be
determined by a majority vote of the primary inspectors.
The room in which such canvass is made shall be clearly
lighted, and such canvass shall be made in plain view of
the public. It shall not be lawful for any person or persons
during the canvass, to close, or cause to be closed, the main
entrance to the room in which such canvass is conducted, in
such manner as to prevent ingress or egress thereby. The
P»iMAKY Elections; Canvass of Retubns 57'
primary inspectors shall proceed to canvass the vote by counting
the ballots 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
bv the enrollment book to have been deposited therein. If the
ballots found in anv 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 ono
of the inspectors designated by the board shall, without seeing
the same and vnth his back to the box, publicly draw out as
many ballots as shall be equal to such excess, and, without un-
folding them, forthwith destroy them. If two or more ballots
shall be found in a ballot box so folded together as to present
the appearance of a single ballot, they shall be destroyed if tho
whole number of ballots in such ballot box exceeds the whole
number of ballots shown by the enrollment book to have been
deposited therein, and not otherwise. If there lawfully be more
than one ballot box for the reception of ballots voted for at any
one polling place, no ballot found in the wrong ballot box shall
be rejected, but shall be counted in the same manner as if found
in the proper box, if such ballots shall not, together with the
ballots found in the proper ballot box, make a total of more
ballots than are shown by the enrollment book to have been do-
posited in the proper box. The chairman only of the board
of primary officers shall unfold the ballots taken from a ballot
box. \Mien a ballot is not void, and a primary election in-
spector or a duly authorized watcher shall, during the canvass
of the vote, declare his belief that any particular ballot has
l)een written upon or marked in any way for the purpose of
identification, the inspectors shall write on the back of such bal-
lot ** Protested as marked for identification," and shall specify
over their signatures upon the back thereof tho mark or mark-
ings upon such ballot to which objection is made. The votes
upon each such ballot shall be counted by them as if not so pro-
tested. If any ballot shall bo rejected as void, the reason for
such rejection shall be written on tho back thereof by the chair-
man, 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 scaled package,
which shall be endorsed on the outside thereof with the names
of the inspectors, the designation of the election district, and
68 The Election Law
the numl)er and kind of ballots contained therein. Such package
shall be filed by the chairman with the original statement of the
canvass. A statement of the number of ballots of any party pro-
tested as marked for identification, and of the number thereof
rejected as void, shall be included in each of the statements of the
result of the canvass for such party. If requested by any watcher,
the inspector shall, during the canvass, exhibit any and all ballots
cast at such primary election to such watcher, fully opened and iu
such condition that he may- fully and carefully read and examine
the same, but such inspector shall not allow any such ballot to be
taken from his hands. [As amended hy chap. 820, Laws of 1918.]
§ 86. Intent of voters. If the voter marks more names
than there are persons to be nominated for an 6flSce or elected to a
party position, or if for any other reason it is impossible to deter-
mine the voter's choice of a candidate for a party position or for
nomination for an office, his vote shall not be counted therefor but
shall be returned as a blank vote for such nomination or party
position.
A void ballot is a ballot upon which there shall be found any
mark other than a cross X mark made for the purpose of voting,
which voting mark must be made with a pencil having black
lead, only in a voting space to the left of the name of a candidate ;
or one upon which anything is written other than the name or
names of any person or persons, not printed upon the ballot, for
whom the voter desires to vote, which must be written in the blank
space under the title of the proper office or party position with a
pencil having black lead ; or one which is defaced or torn by the
voter ; or one upon which there shall be found any erasure of any
printed device, figure, letter or word, or of any name or mark
written thereon, by such voter; or in which shall be found in-
closed a separate piece of paper or other material ; and upon such
ballot no vote for any candidate thereon shall be counted. Any
straight line crossing any other straight line at any angle within
a voting space shall be deemed a valid voting mark ; but no ballot
shall be declared void because a cross mark thereon is irregular in
form. \^As amended by chap. 820, Laws of 1913, and chap. 537,
Laras of 1916.]
§ 87. Proclamation and statement of result.
Immediately upon the completion of such canvass, the board of
primary inspectors in each primary district shall make public oral
Pbimaby Elections; Canvass of Returns 59
proclamation of the result thereof, and shall make upon the state-
ment of result sheet for each party a written statement of such
result for each election district in such primary district, and also a
duplicate thereof, which shall be known as the duplicate statement.
Immediately after the completion of such statements, such board
shall file the originals thereof with the custodian of primary
records, and shall file the duplicate statements with the clerk of
the city, town or village.
In cities having more than one million inhabitants the board of
primary inspectors shall also make and sign a police return of
the vote at the primary similar to that required at the general
election by section three hundred and seventy-two of this chapter,
and such return and its contents shall be treated in the same man-
ner by the same officers as is provided in that section with respect
to the statement of the result of the canvass of votes on election
day to be delivered to the police. [As amended hy chap, G78,
Laws of 1915.]
§ 88. Preservation of records and papers. At all
reasonable times any watcher shall have reasonable opportunity to
make a transcript of any such statement, or any portion thereof,
and any candidate shall be entitled to receive, upon demand, a
written statement showing the result of the primary election so
far as he is concerned.
After the close of the canvass of the votes at official primary
elections, the ballots of each party cast thereat, except the
protested, void and wholly blank ballots, shall be tied together,
labeled and replaced in the ballot boxes from which they were re-
spectively taken, and such ballot boxes shall then be securely
locked and sealed, and, together with the box containing tlie
stubs, shall be returned to the officer from whom thcv were
received, who shall safely keep the same, suliject, 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 touch-
ing the same shall have been finally determined, when the ballots
and stubs shall be removed and without examination, destroved.
In the case of a contested nomination for office or a contested
election to a party position any candidate shall be entitled as of
right to an examination in person or by authorized agents of any
primary ballots upon which his name lawfully appeared as that
of a candidate; but the court shall prescribe such conditions, as
of notice to other candidates or otherwise, as it shall deem to be
'60 The Election Law
necessary and proper. The custodian of primary records shall
preserve for at least two years all books, records, petitions, objec-
tions, certificates and papers filed with him under any provision
of law for a period of at least two years, at the expiration of which
time all such books, records, petitions, objections, certificates and
papers may be destroyed by such custodian* lAs amended by
chap. 820, Laws of 1918.]
§ 80. Canvass of statements of results; certifleates
of election to party position. 1. Canvass by custodians
of primary records. The custodian of primary records shall
forthwith proceed to canvass the statements of results filed with
him as provided in this article, and shall complete such canvass
within one hundred and twenty hours from midnight of the day
upon which the primary election was held.
He shall canvass separately the votes cast in each election dis-
trict by the enrolled voters of the several parties respectively.
The candidate for a party nomination to public office, or for
election to a party position, to be filled by the voters of a terri-
tory wholly within an election district, ward or town, who has
received the highest number of votes cast in the primary election
of a party in such election district, ward or town, shall be the
nominee of said party for such public office, or shall be elected
to such party position. Said custodian shall deliver upon request
to such candidate, if he be elected to a party position, a certificate
of his election.
The candidate for a party nomination to public office, or for
election to a party position, to be filled by the voters of a district
wholly within the jurisdiction of a custodian of primary records
and greater than an election district, ward or town, who has re-
ceive'd the highest number of votes cast in the primary election
of a party in such district shall receive the nomination of said
party for the public office, or be elected to the party position, for
which he was designated or voted for. The custodian of primary
records shall deliver upon request to such candidate, if he be
elected to a party position, a certificate of such election.
The custodian of primary records shall duly certify to the secre-
tary of state a statement of the vote cast in the county in the
primary election by the enrolled voters of each party, respectively,
for all candidates for nomination for public office, or for elec-
tion to party position, whose designations are required by this
Pkimaey Elections ; Canvass of Returns ftl
chapter to be filed in the office of the secretary of state. Such
statemeiit shall be filed by such custodian in the office of the secre-
tary of state within one hundred and twenty hours from midnight
of the day on which the primary election was held.
2. Canvass by the secretary of state. The secretary of sta^
shall forthwith proceed to canvass the certified statements so filed
with him, and such canvass shall be made separately as to fhe can-
didates of each party.
The candidate voted for at an official primary election who has
the highest number of votes shall receive the nomination of said
party for the public office, or be elected to the party position, for
which he was designated or voted for. The secretary of state
shall forthwith transmit to each candidate elected to a party posi-
tion a certificate of such election.
3. A certificate of election to party position at an official pri-
mary of a party duly issued as herein provided shall entitle the
person to whom it is issued to membership in the committee or to
a seat in the national convention to which he is elected. Upon
the completion of said canvass to be made by the secretary of
^tate, he shall prepare certified statements of the result of the
primary election of each party participating therein.
4. The statements of result of any official primary election filed
or prepared in the office of a custodian of primary records or of
tbe secretary of state showing the nomination of a party candidate
for public office at an official primary election shall be equivalent
to a certificate of his nomination, and no other certificate of nom-
ination shall be recjuired to be filed for any such candidate so
nominated. [As added by chap. 891, Laws of 1911, and amended
''.V chap. 820, Laws of 1913, chap. 24:^^ Laws of 1914, and chap.
537, Laws of 1916.]
§ 90. Filling vacancies and determination of tie
vote after priniaries. A vacancy in a nomination for public
office made at a primary election shall be filled as follows : A va-
cancy caused by the declination, disqualification or death of a can-
didate, or by a tie vote, shall be filled by a majority vote of a
quorum of the state committee, if the vacancy occur in a nomina-
tion for an office to be filled by all of the voters of the state, and
otherwise by the members of the county committee or committees
elected at such primary in the political subdivision in which such
62 The Election Law
vacancy occurs, or by sucli other committee as the rules and r^u-
lations of the party may provide. Certificates of such nomination
shall be filed in the office in which a designation of a candidate
for such office is required to be filed. [As amended by chap. 820,
Laws of 1913.]
§ 91. Party nominations for special elections and
to fill certain vacancies. Party nominations to an office
to be voted for at a special election shall be made in the manner
prescribed by the rules and regulations of tlie respective parties.
A party nomination of a candidate for a vacancy in an elective office
required to be filled at the next general election, occurring after
the expiration of the period provided for the delivery by the chair-
man of a general committee to the custodian of primary records of
the certified statement provided for in section seventy-five, shall be
filled by a majority vote of a quorum of the state conmaittee, if
the vacancy occur in a nomination for an office to be filled by all
the voters of the state, and otherwise by the members of the county
committee or committees elected in the political subdivision in
which such vacancy occurs at the official primary preceding the
general election at which such vacancy is to be filled or by such
other committee as the rules and regulations of the party may
provide. [As amended by chap. 820, Laws of 1913.]
§ 82. Unofficial primaries. Notice of all unofficial pri-
mary elections shall be given in the same manner as in the case of
official primary elections, except that such notice shall be given
by the proper party officers and shall not be at public expense.
Unofficial primary elections shall be held in such places within
the unit of representation for which the primary election is held,
as shall be designated by the proper political committee, but there
shall be at least one polling place within and for each assembly
district, ward or village. The chairman and secretary of the
political committee calling an unofficial primary election, or under
whose direction such primary election is held, shall post and keep
posted during the election, at or near the entrance to the room
where the primary election is held, so that the same is clearly
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 hold-
ing them, and, except as herein otherwise provided, shall be sub-
ject to the rules and regulations of such party.
NoMINATIOlfS 63
There shall be a chairman and secretary for each unofficial pri-
mary and there may be tellers. No person shall be entitled to
vote at an unofficial primary unless he may be qualified to vote
on the day of election.
The chairman may administer any oath required to be adminis-
tered at any primary and he shall decide all questions that arise
relating to the qualification of voters when a voter is challenged by
any elector and shall reject such vote unless the person offering the
vote is willing to be and shall be sworn that he will truly answer
aJ] questions put to him touching his qualifications as such voter and
shall state under oath that he is qualified to vote at such primary.
The ballot box used at any primary shall be examined by the
secretary and by the tellers, if any, in the presence of the watchers,
if any, before any ballot* are received, to see that there are no
ballots therein. Such watchers are entitled to be present from
the commencement of the primary to the close of the canvass and
the signing of the certificates thereof. At the close of the canvass
of the ballots cast for each candidate, the secretary shall publicly
announce the vote and the result of the canvass.
No unofficial primary election shall be held in a saloon or drink-
ing place, or in a room which is more than one flight of stairs
from the street or not readily accessible from the street.
§ 93, Penalty £op violation. Unless otherwise expressly
provided in this chapter any person violating any of the provisions
of articles two, three, four, four-a and four-b of this chapter is
guilty of a misdemeanor.
§ 94. Perjnry. All oaths administered under the provisions
of this article and the preceding articles of this chapter are hereby
declared to be oaths required by law, and to be necessary for the
ends of public justice. lAs amended by chap. 820, Laws of
1913.]
ARTICLE 5
Nomlnatlnsr Certificates; Emblemg;
Vaoanoies
^Section 121. Certification and filing of nominations for town,
village and certain other offices.
122. Independent nominations.
123. Independent certificates of nomination.
^Schedule of section headings and title amended by chap. 820, Laws of 1913.
64 The Election Law
Section 124. Emblems.
125. Conflict in names or emblems.
126. Supplying omitted emblems.
127. Places of filing independent certificates of nomi-
nation.
128. Times of filing independent certificates of nomi-
nation.
129. Certification of nominations by secretary of state.
130. Publication of nominations.
131. Lists for town clerks and aldermen.
132. Posting town and village nominations.
133. Declination of nomination.
134. Objections to certificates of nomination.
135. Filling vacancies in nominations.
136. Certificates of new nominations.
137. Death of candidate after printing of ballots;
official pasters.
§ 121. Certification and filing of nominations for
tovnif village and certain otiber oflioes. A person
nominatod at a party primary for a town or village office or for a
city office to be filled at an election held at a different time from
the general election shall receive a certificate of such nomination.
It shall be signed by the presiding officer and a secretary of such
primary, or, if made by a committee, by a majority of the mem-
bers thereof, who shall add to their signatures their respective
places of residence, and shall make oath before an officer qualified
to take affidavits that the affiants were such officers of such primary
or that they are members and constitute a majority of such com-
mittee, as the case may be, and that such certificates and the
statements therein contained are true to the best of their informa-
tion and belief. A certificate that such oath has been adminis-
tered shall be made and signed by the officer before whom the
same was taken and attached to such certificate of nomination.
Such certificate of nomination shall contain the title of the city,
town or village office for which such person is nominated and
his name and residence. Such certificate shall also designate, in
not more than five words, the name of the political party by
which the nomination is made and shall be properly authenti-
cated. Such certificate shall also, upon its face, appoint a com-
mittee of three or more persons to fill a vacancy in any of such
NOMINATIOKS 66
nominations occurring for any of the reasons specified in section
one hundred and thirty-five of this chapter between the date of
such nomination and the day of election.
Such certificate shall be filed with the clerk of such city, vil-
lage or town, respectively. In towns in which town meetings
are held at the time of the general election, certificates of nomi-
nation of candidates for town ofiices shall be in duplicate, one
of which shall be filed with the town clerk of the town in which
such officers are to be voted for and the other with the board of
elections of the county in which such town is located. All such
certificates shall be filed with such city, village or town clerk,
or such board of elections, not less than twenty nor more than
thirtv days before the dav of election. All such filed certificates and
corrected certificates of nomination, all object ious to such certifi-
cates and all declinations of nominations are hereby declared to
be public records. [As added by chap. 820, Laws of 1013.]
§ 122. Independent nominations. Xominations made
as provided by this and the next section shall be known as inde-
pendent nominations, and the certificate whereby such nominations
are made shall be known as an independent certificate of nomina-
tion. Independent nominations of candidates for public office to be
voted for by all the voters of the state can only be made by six
thousand or more voters of the state ; provided, however, that in
making up such number at least fifty voters in each county of
. the state (the counties of Fulton and Hamilton to be considered
as one county) shall subscribe the certificate provided for in this
and the next section. Independent nominations of candidates for
offices to be voted for by the voters of any political subdivision
of the state can only be made by five per centum of the total num-
ber of votes cast for governor at the last gubernatorial election in
«5iich political subdivision, excepting that not more than three
thousand electors shall be required to make an independent nom-
ination in any political subdivision ; and excepting that not more
than one thousand five hundred electors shall be required to make
axi independent nomination for a borough or county office. [As
OrTrf elided hy chap. 891, Laivs of 1911, and 800, Laws of 1913.1
§ 123. Independent certificates of nomination. 1. In-
dep^iident nominations shall be made by a certificate subscribed by
the required number of such electors, each of whom shall add to
liis signature his place of residence and make oath that he is an
3
ff6 The Ei^onos Law
^lector and has trulj stated his residence. The making of Ae
said oath shall he proved hy the certificate of the notary or other
officer before whom the said oath is taken, and it shall be unneces-
sary for an elector who has subscribed a certifi^eate of nomination,
as herein prorided, to sign any affidavit as to the matter to which
he has made oath as aforesaid. The certificate hereinbefore pro-
vided for of the notary or other offieer shall be in the following
form substantially:
STATE OF NEW YORK, il ,
'r'
County of
; On the day of , in lihe year .,
before me personally came (here shall be inserted the names
of each and every elector appearing and making oath before
the said officer), each of whom was to me personally known and
known by me to be the elector whose name and place of residence
is subscribed by him to the foregoing certificate and each of the
foregoing electors being by me duly and severally sworn did make
wth 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
eertificate of nomination.
(Signature and official title.)
2. As an alternative method of authentication, in lieu of such
acknowledgment, provision may be made in such nominating cer-
tificate for a column under the title " witness," for the signature
of a witness opposite the names of signers of the certificate.
There may be a subscribing witness for any signature, and the
same person may act as witness for any number of signers. Xo
person shall be qualified to act as such witness unless he shall be
a freeholder within or shall have been for the last preceding five
years a resident of the county in which the person resides whose
signature he is witnessing; nor unless he shall have been regis-
tered either from the same address or within the same election
district for the last preceding two general elections, or the terri-
tory of such election district as defined at the time of the first of
such two registrations; nor unless his good character and hon-
esty are certified to as provided below either by at least one-half
of the candidates whom the certificate nominates or by the com-
mittee to fill vacancies named therein, which certificate of good
character and honesty must be filed with the board or offieer with
■y.
KonfiKATioirs &l
yiham the nominating certificate is filed Snob witness must sign
Us name in the presence of the voter whose name he is witness^
ing and must thereafter appear before an officer authorized tb
administer oaths and take acknowledgments and make the follow-
ing affidavit to he attached to the nominating certificate:
STATE OF NEW YORK,
County of
On this day of , in the year ,
before me personally came (here insert name of witness), to me
personally known, who, being by me duly sworn, did depose and
say that he knew each of the voters whose names and places of
residence are subscribed to the foregoing nominating certificate,
as to whose signatures deponent has signed as a witness above,
and deponent makes oath that he saw each of them sign the samQ
and that each such voter on signing such certificate declared tp
deponent that it was his intention to support at the polls the caur
didacy of the person or persons nominated for publie office in the
foregoing nominating certificate; and that deponent thereupoii
fiigned his name as a witness thereto in the presence of each such
voter.
Said deponent does also make oath that he is (here state his
qualifications to act as a witness as above provided) and that he
has been registered for the last two general elections as follows:
For the general election of 19 . . I was registered from (state
address) in the election district of the assembly
district, county of , state of Ifew York. For the gen-
eral election of 19 . . I was registered from (state address) in the
election district of the assembly district, county of
state of Xew York.
(Signature of witness.)
Subscribed and sworn to before me,
this day of
(Official title of officer.)
3. The certificate to the good character of the witness must be
substantially as follows:
The undersigned hereby certifies to the good character and hon-
esty of the following named person acting as witness to signatures
upon a nominating certificate for the next ensuing election :
98 The Election Law
Permanent Business
residence of Business of Address of
Name of witness, witness witness witness
\
I certify that I have known the said witness for (here state
length of acquaintance) and that all the facts herein stated as to
the character, honesty, residence, business and business address of
the witness certified to, are stated upon my knowledge.
Dated
(Signature)
(Residence)
If the person malcing such certificate of good character and
honesty has not personal knowledge of all such facts, his certifi-
cate may nevertheless be accepted, provided he shall state therein
that any fact, specifying it, not made on his personal knowledge,
is made in good faith upon information received from another
person whom he names, and further provided that he attaches a
certificate of such other person in substantially the foregoing form
fitating such fact or facts upon personal knowledge. Such other
person must be a qualified elector of the district for which the
nomination is made.
4. Any such witness, candidate, member of committee to fill
vacancies or other person, who makes a false afiidavit, certificate
or statement as thus provided for, is guilty of a misdemeanor and
shall be punished by imprisonment for a term of not less than
three months.
5. The certificate of nomination and each separate paper
thereof, if there be more than one such pai>er, shall contain the
following declaration which shall be subscribed by the signers
thereof :
^' We the undersigned duly qualified electors of the district for
which the nomination for ])ublic office is hereby made under the
provisions of sections one hundred and twenty-two and one hun-
dred and twentv-three of the election law do herobv declare that
it is our intention to support at the polls the candidacy of the
person or persons herein nominated for public office.^'
The certificate shall also contain the titles of the offices to he
filled, the name and residence of each candidate nominated, and
if in a city, the street number of such residence and his place of
bu&iness, if any; and shall designate in not more than five worcLs
Nominations 60
the political or other name which the signers shall select, which
name shall not include the name of any organized political party.
A certificate may designate upon its face one or more per-
sons as a committee to represent the signers thereof, for the pur-
poses specified by section one hundred and thirty-five of this
article. The signatures to the certificate of nomination need not
all be appended to one paper. No person shall join in nominat-
ing more candidates for any one office than there are persons to
be elected thereto, and no certificate shall contain the names, of
more candidates for any office than there are persons to be elected
to such office.
6. The name of no person signing an independent certificate of
nomination shall be counted unless such person shall on one of the
days of registration in such year be registered as a qualified
elector, and in case a candidate nominated by an independent
certificate of nomination be at the time of filing the said certifi-
cate or afterwards the candidate of a political party for the same
office the name of no person who is an enrolled member of such
political party shall be counted, except where such nomination is
afterwards made by a party committee or committee to fill vacanr
cies. For the purpose of ascertaining whether the person whose
name appears on an independent certificate of nomination signed
such certificate, the affidavit or testimony of such person that h^
did not sign such certificate shall be prima facie evidence that he
did not sign such certificate. If the name of a person who has
signed a certificate of independent nomination appear upon
another certificate nominating the same or a different person for
the same office, it shall not be counted upon either certificate.
[As amended by chap. 649, Laws of 1911, and chap. 537, Laws
of 1916.]
§ 124. Embleiiis. It shall be the duty of the state committee
of a party to select some simple device or emblem to designate and
distinguish the candidates of the party for public office. Such
device or emblem shall be shown by a representation thereof
upon a certificate signed and duly executed by the chair-
man and secretary of such state committee, which certificate
shall be filed with the secretary of state, and such device or
emblem, when so filed, shall in no case be used by any other party
or any independent body. When any independent body shall
make a nomination of a candidate or candidates to bo voted
for by the voters of the entire state, it shall be the duty of the per-
sons who shall sign and execute the certificate of nomination of
70 Tiis Elbction Law
such candidate or candidates, to likewise select some simple dence
or emblem to designate and distinguish the candidate of such in-
dependent body making such nomination, and such device or
emblem shall be shown by the representation thereof upon such
certificate of nomination. The device or emblem so chosen, when
filed as aforesaid, shall be used to designate and distinguish all
the candidates of the same party or independent body nominated
by such party or independent body, or duly authorized com-
mittee or primary thereof, in all districts of the state and shall
continue to be used to designate and distinguish the candidates of
fiuch party or independent body in all districts of the state until
changed by the state committee of the party or by the independent
body choosing such device or emblem. The device or emblem
chosen as aforesaid may be a star, an animal, an anchor, or any
other appropriate symbol, but neither the coat of arms or seal of
any state or of the United States, nor the state or national flag,
nor any religious emblem or symbol, nor the portrait of any
person, nor the representation of a coin or of the currency of the
United States shall be chosen as such distinguishing device or
emblem.
Existing devices or embl^ns^ heretofore chosen pursuant to law,
shall continue until changed in the manner provided in this sec-
tion as hereby amended* [^l^ amended by chap. 820, Laws of
1913.]
§ 125. CoMllict ia nAmes or eBtblems. If two or more
different parties or independent bodies shall select the same, or
substantially the same, device or emblem or party name, the su-
preme court or any justice thereof within the judicial district or
any county judge within his county shall decide which of said
parties or independmt bodies is entitled to the use of such dervice
or emblem or party name, being governed as far as may be in liis
decision by priority of selection in the case of the device or
emblem, and of use in the case of the party name. If the other
party or independent body shall present no other device or parfy
name after such decision, the custodian of primary recordt aliall
select for such other party or independent body another device <»*
party name, so that no two different parties or nominating bodiee
shall be designated by the same device or party name. If thra^e be
a division within a party, and two or more factions claim the
same, or substantially the same, device or name, the court or j\^4lgD
aforesaid shall decide between such conflicting claims, gi'v^ng
Nominations 71
preference of device and name to the primary, bodj or committee
thereof, reeogimed by the regularly constituted party axtthoritiee^
Any question arising with reference to any device, or to the
party or other name designated in any certificate filed pnrsnant
to the provisions of this article, or with reference to the constmc-
tion, sufficiency, validity or legality of any certificate, shall be
determined upon the application of any citizen by the supreme
court, or any justice thereof, within the judicial district, or any
county judge within his county, who shall make such order in the
premises as justice may require, but the final order at special
term must be made on or before the twelfth dav or, in the case of
a certificate of nomination of a town or village officer, the seventh
day preceding the day of election. Such question shall be heard
upon such notice to such officers, persons or committees as the
said court or justice or judge thereof shall direct.
The supreme court, at special term, in any judicial district in
which two or more proceedings are pending in such district under
the provisions of this section may, by order, consolidate all such
proceedings and provide that further proceedings therein be had
before such court at special term, in all cases where the question or
questions involved are identical. If one or more of such proceed-
ings be pending before a justice or county judge, notice of such
order shall be forthwith given to such justice or judga [As
amended by chap. 649, Laws of 1911, ekap. 820, Laws of 1913,
and chap. 244, Laws of 1914.]
§ 126. Supplying omitted eatblems. If a party or
independent body shall have nominated candidates to be voted for
by the voters of the entire state, in any year, and ^all have no
device or emblem, selected and certified as required by this chapter,
to distinguish such candidates, it shall be the duty of the secretary
of state to select a device or emblem for that purpose, and such
device or emblem so chosen shall bo used to distinguish all candi-
dates of that party or independent body throughout the state>
whether such candidates are nominated for state or local offices;
and if any certificate of nomination of candidates to be voted for
by the voters of a district less than the entire state shall be filed
with the secretary of state, or with any public officer pursuant to
this article, by an independent body, or if nominations for such
offices be made by a party, which independent body or party shall
have made no nomination of candidates for offices to be filled by the
voters of the entire state, and snch independent certificate of
nomination shall omft or the state committee of such party shall
72 The Election Law
have omitted to select a device or emblem to distinguish the candi-
dates thus nominated^ it shall be the duty of the secretary of state
or other public officer with whom an independent certificate of
nomination for such offices is required by this chapter to be
filed to select a device or emblem to represent such candidates.
l_As amended by chap. 820, Laws of 1913.]
§ 127. Places of filing independent certificates of
nomination. Independent certificates of nomination of candi-
dates for office to be filled by the voters of the entire state, or of any
division or district greater than a county, shall be filed with the
fsecretary of state, except that each such certificate of nomina-
tion of a candidate for member of assembly for the assembly dis-
trict composing the counties of Fulton and Hamilton shall be
filed in the office of the board of elections of Fulton county, and
a copy thereof certified by the board of elections of Fulton county
shall be filed in the office of the board of elections of Hamilton
county, so long as the said counties constitute one assembly dis-
trict, and except that such certificates of nomination of candidates
for offices to be filled only by the voters or a portion of the voters
of the city of New York shall be filed with the board of elections
of the city of New York.
Independent certificates of nomination of candidates for
offices to be filled only by the votes of voters, part of whom are
of New York city and part of whom are of a county not wholly
within the city of New York, shall be filed with the board of elec-
tions of such county and in the office of the board of elections of
said citv. Such certificates of nomination of candidates for
offices of any other city, to be elected at the same time at whicb
a general election is held shall be filed with the board of elections
of the countv in which such citv is located. Such certificates
of nomination of candidates for offices of a city, village or town
to be elected at a different time from a general election shall be
filed with the clerk of such city, village or town, respectively.
In towns in which town meetings arc held at the time of general
elections, independent certificates of nomination of candidates
for town offices shall be in duplicate, one of which shall be filc^i
with the town clerk of the town in which such officers are to be
voted for, and the other with the board of elections of the countv
in which such town is located. AH other independent certificates
of nomination shall be filed with the board of elections of tlie
county in which the candidates so nominated are to be voted for.
Nominations 73
All such filed certificates and corrected certificates of nomina-
tion, all objections to such certificates and all declinations of
nomination are hereby declared to be public records; and it shall
be the duty of every officer or board to exhibit without delay
every such paper to any person who shall request to see the same.
It shall also be the duty of each such officer or board to keep a
book which shall be open to public inspection, in which shall be
correctly recorded the names of all candidates nominated by inde-
pendent certificates issued by or filed in the office of such officer
or board or certified thereto, the title of the office for which any
such nomination is made, the name and emblem of the independent
body making such nomination,' and in which shall also be stated all
declinations of such nominations, or objections to such nomina-
tions, and the time of filing each of the said papers. [As amended
&y chap. 891, Laws of 1911, and chap. 820, Lmus of 1913.]
§ 128. Times of filing independent certificates of
nontination. Independent certificates of nomination required
to be filed with the secretary of state shall be filed not earlier than
the sixth Tuesday, and not later than twenty-five days before the
day of general election. All other independent certificates of
nomination, except those required to be filed with village clerks
and with town clerks of towns in which town meetings are held
at a time other than the time of general elections, shall be filed not
earlier than the sixth Tuesday and not later than twenty days
before the day of general election. Independent certificates of
nomination required to be filed with village clerks and with town
clerks of towns in which town meetings are held at a time other
than the time of general elections shall be filed at least ten, and
not more than twenty days before the day of election.
In case of a special election ordered by the governor under the
provisions of section two hundred and ninety-two of this chap-
ter, independent certificates of nomination for the office or offices
to be filled at such special election shall be filed with the proper
officers or boards not less than ten days before such special election*
[As amended by chap. 891, Laws of 1911, and chap. 820, Laws of
1913.]
§ 129. Certification of nominations by secretary
of state. The secretary of state shall, fourteen days before the
election, or nine days before a special election, certify to the board
of elections of each county, and to the board of elections of the
city of New York, the name, residence and place of business, if
74 Thb Election Law
my J of each candidate either nominated in any certificate so filed
with him^ or to whom he has lasued a certificate, for whom the
Totera of any such county or said city, respectively, may Tote, the
title of the office for which he is nominated, the par^ or other
political name specified in such certificate, and ^e emUem or
device chosen to represent and distinguish the candidates of the
political party or independent body making such nominationa^
[ils amended hy ehap. 891, Laws of 1911.]
§ 130« PuUieatioA •£ m^wiiiattoiuu At least six days
before an election to fill any pnblic office the board of elections of
each connty, except those counties which are wholly within the
city of New York, shall cause to be published in not leas than two
nor more than four newspapers within such county, one of which
shall be a daily newspaper, if a daily newspaper is published in
such county, and in any county having one hundred thousand or
more inhabitants^ adjoining a city having a population of one
million or more, in not less than six nor more than ten newspapers,
a list of all nominations of candidates for offices other than town
offices to be filled at such election, certified to such board bv the
secretary of state, or filed with such board or certified by such
board* The board of elections of the city of New York shall,
within the same time before an election to fill any public officei
cause to be published in two newspapers published in each borough
within such city a list of the nominations of candidates for office
to be voted for at such election in such boroughs respectively whidi
were certified to such board by the secretary of state, or filed in
the of&ce of such board, or certified bv such board and in the
borough of Brooklyn the board of elections shall cause such puV
licaticm to be made in the newspapers designated as corporation
newspapers of said borough and in one daily newspaper published
in the Jewish language.
Such publication shall contain the name and residence, and if
a city, the street number of the residence and place of business,
if any, and the party or other designation of each candidate, and
a fac simile of the emblems or devices selected and designated
as pi^escribed by this article, to represent and distinguish the
candidates of the several political parties or independent bodieo.
The city derk of each city except I^ew York, and the board of
elections of the city of jN^ew York, shall at least six days bef<M*e aa
election of city officers thereof, held at a different time from m
NOMINATIOKS 75
general eleetion, cause like publications to be made as to candi*
datea for offices to be filled at such ei^ election in a like number
of newspapers published in such citj.
One of suek pnUieations shall be made in a newi^per which
advooatea the principka of the pc^tical party tltat at the last pre-
ceding deeti<»i for gavemor east the largest number of votes in
the stale &r aaeh office ; aad another of such pnblioatLona shall be
made in a nswapaper whieh advocates the principles of the politi*
cal partj that at ^ last preeedii^ election for governor cast the
next largest number of votes in the state for sudi offiee. The
o&eer or board, in selecting the papers for such publications, shall
select those which, according to the best information he can obtain,
have a large circulation within such county or city. In making
additional publicatiims, the €&cer or board shall keep in view the
object of giving information, so far as possible, to the voters of
all political parties. The ofScer or board shall make such publi*
cation twice in each newspaper so selected in a county or city
in which daily newspapers are published ; but if there be no daily
newspaper published within the county, one publication only shall
be made in each of such newspapers. Should the board of elec-
tions or other officer find it impracticable to make the publication
six days before election day in counties where no daily news-
paper is printed, he shall make the same at the earliest possible
day thereafter, and before the election. [As amended hy chap,
891, Laws of 1911, and chap, 673, Laws of 1915.]
§ 131. lAmtn tor to^wn clerks and aldermen. The
board of elections of each county, except those counties which are
wholly within the city of New York, shall at least six days before
election dav send to the town clerk of each town, and to an alder-
man of each ward in any city in the county, at least five and not
more than ten printed lists for eaeh election district in such town
or ward, containing the name and residence, and if in a city, the
street number of residence, and place of business, if any, of all
candidates whose certificates of nomination have been filed with
or issued by it or been certified to it, and the party or other desig-
nation, and also a f ac simile of the emblem or device of each polit-
ical party or independent body nominating candidates to be voted
for by the voters of the respective towns and wards* Such lists
shall at least three days before the day of election be eonspicu-
ously posted by such town clerk or alderman in one or more public
76 The Election Law
places in each election district of such town or ward, one of
which lists shall be so posted at each polling place. [As amended
by chap. 891, Laws of 1911.]
i •
§ 132. Posting town and tillage nominations.
Each town and village clerk shall cause at least ten copies of a
like list of all nominations to office filed with him for an election
to be held at a time other than the day of the general election,
to be conspicuously posted in ten public places in the town or
village, at least one day before the town meeting or village elec-
tion, one of which copies shall be so posted at each polling place
of such town meeting or village election.
§ 133. Declination of nomination. The name of a
person nominated for an office otherwise than by an official primary
election, shall not be printed on the official ballot if he notifies the
board or officer with whom the original certificate of his nomina-
tion is filed, in a writing signed by him and duly acknowledged,
that he declines the nomination, or if nominated bv more than one
political party or independent body, the name "of a person so
nominated shall not be printed on the ticket of a party or inde-
pendent body whose nomination he shall in like manner decline.
If the declination be of a nomination filed with the secretarv of
state, such notification shall be given at least twenty days before
the election. If the declination be of a nomination filed with a
board of elections of anv countv and in the counties within the
city of New York with the board of elections of the citv of New
York, or with the city clerk of anv city, such notification shall
be given at least eighteen days before the election. If the declina-
tion be of a party nomination filed with a town or village
clerk, such notification shall be given at least ten days, and if
of an independent nomination at -least sev^en days before the
election; except that a declination of nomination to a town office
in towns where town meetings are held at the time of general elec-
tions, must be filed in the office of the board of elections, within
the time required by this section for filing the declination of
nomination to a county office, and the board of elections shall
forthwith notify the town clerk in writing of such declination.
When a person who was not designated for nomination at an
official primary election receives a nomination for public office
at Fuch primary, it shall be the duty of the board or officer with
whom designations for nomination to such office are required by
Nominations 77
this ehapter to be filed to forthwith notify, by mail, such person
of his nominatioii. A person nominated as aforesaid, without
designation, at an official primary, may decline such nomination
not later than the seventh day after the day of the primary at
which he was nominated, by filing his written declination thereof,
signed by him and duly acknowledged, with Ihe board or officer
with whom designaticms for nomination to such office are required
by this chapter to be filed.
The board or officer to whom such notification is given shall
forthwith inform by mail or otherwise the committee appointed
on the face of such certificate as provided by sections one hun-
dred and twenty-one and one hundred and twenty-three of this
chapter, that the nomination has been declined, and if such declina-
tion be filed with the secretary of state, such officer shall also give
immediate notice by mail or otherwise that such nomination has
been declined, to the several boards of elections or other officers
authorized by law to prepare official ballots for election districts
affected by such declination. \_A$ amended by chap. 891, Laws of
1911, and cJvap. 820, Laws of 1913.]
§ 134. Objections to certificates of nomination.
A written objection to any certificate of nomination may be filed
with the officer with whom the original certificate of nomination
is filed within three days after the filing of such certificate, except-
ing that if by any independent certificate of nomination any per-
son is nominated who is at the time or shall be after the filing of
Buch independent certificate of nomination, the candidate of a
political party for the same office and the party certificate has been
filed after the filing of the independent certificate of nomination,
the written objection to the independent certificate of nomination
may be filed within three days after the filing of such party certi-
ficate ; and if written objections to such independent certificate of
nomination have been already filed by the same or some other per-
son and shall have been heard and determined or heard and not
determined, there shall be a new hearing upon all the objections
80 filed, the written objections to an independent certificate of
nomination filed after the filing of a party certificate as herein
provided may contain all objections to such independent certificate
notwithstanding the same or some other person has already filed
objections to such certificate. If such objection be filed, notice
thereof shall be given forthwith by mail to the committee, if any,
appointed on the face of such certificate for the purposes specified
78 Thb Election Law
in seetion one hundred and thirty-five of this artieley and also
to each candidate placed in iiomination by such certificate. The
question raised by such written objection shall be heard and deter-
mined as preaeribed in section one hundred and twenty-five oi
this article. [As amended by chap* 649, Laws of 1911.]
§ 135. FiUiaie: vacaaoieA im laaasdaatioaui. If a nomina*
tion made otherwise than by an official primary election is duly de-
clined, or the attempt to nominate at a primary results in a tie,
Or a candidate re^arly nominated otherwise than by an official
primary election dies before election day, or is found to be dis-
qualified to hold office for which he is nominated, or if any certifi-
cate of nomination is found to be defective but not wholly void,
the committee appointed on the face of sueh certificate of nomina-
tion, as provided by sections one hundred and twenty-one and
One hundred and twenty-three of this chapter, may make a new
nomination to fill the vacancy so created, or may supply such
defect, as the case may be, by making and filing with the proper
officer a certificate setting forth the cause of the vacancy or the
nature of the defect, the name of the new candidate, the title of
t^o office for which he is nominated, the name of the original
(siandidate, the name of the political party or other nominating
body which was inscribed on the original certificate, and such
i^rther information as is required to be given by an original cer-
tificate of nomination ; except that where a certificate is filed pur-
suant to this section to fill a vacancy, it shall not be lawful to select
a pew name or emblem, but the name and emblem chosen to dis-
tinguish the candidate nominated by the original certificate shall
be used to distinguish the candidate nominated as provided by
Ais section. [^As amended by chap. 891, Laws of 1911, and chap.
820, Laws of 1913.]
§ 136. CertiJIcatefli of neur nontiiiatioiifl. The certificate
so made shall be subscribed and acknowledged by a majority of the
toembers of the committee, and the members of the committee
subscribing the same shall make oath before the officer or officers
before whom they shall severally acknowledge the execution of
the said certificate that the matters therein stated are true to the
best of their information and belief. Except in case of the death
of a candidate after the official ballots have been printed and before
jplection day, the said certificate shall be filed in the office in whidii
Nominations 7t
tlio original certifieate was filed, at least five dajrs before eleo-
tion, if filed in the office of a town or village clerk; otherwise
«t least fifteen da3rs before the election; and upon being 00 filed
shall have the same force and effect as an original certificate of
nomination. When a new certificate of nomination is filed with
the secretary of state, he shall, in certifying the nomination to
Ae varions boards and officers, insert the name of the person who
has been thus nominated, instead of that of the candidate noni-
mated originally, or, if he has already sent forward his certificate^,
he shall forthwith certify to such boards and other officers the name
of the person newly nominated, and such other facts as are required
to be stated in such certificate. [As amended by chap, 891, Law»
of 1911, and chap. 820, Laws of 1913.]
§ 137. Deatla of oaadidate after pqrfnting of ballots;
olHeial pasters. In case of the death of a candidate after the
official ballots have been printed, and before election day, the va-
cancy may be filled by filing the proper certificate of nomination &i
a candidate to fill such vacancy, with the officer or board with
whom the original certificate was filed, or by whom it was issued*
and if filed with the secretary of state, the secretary of state shall
immediately give the necessary notifications, and it then shall
be the duty of the officer or board famishing the official ballots to
prepare and furnish to the inspectors of election in the election dis-
tricts affected adhesive pasters containing the name of the candi-
date nominated to fill the vacancy. The pasters shall be of plain
white paper, printed in plain black ink and in the same kind of
type as that used in printing the names of the candidates upon the
official ballots, and shall be of a size as large as and no larger than
the space occupied upon the official ballot by the name of the candi-
date in whose place the candidate named upon the paster has been
nominated. If, however, the deceased shall be the candidate of
several parties or bodies, and they shall not nominate the same
candidate as his successor, a paster shall be prepared which shall
contain the entire matter to be contained in the section on which
such deceased candidate's name appears, and shall bo pasted over
the whole section and shall supersede it.
Whenever such pasters are provided, the officer or board fur-
nishing them shall certify to the inspectors of election in the
election districts affected by the vacancy, tho name of the original
candidate, the name of the new nominee, the title of the office
for which the nomination is mad^ and the name of the political
80 The Election Law
party or independent bodj making the nomination, and shall state
the number of pasters furnished which number shall be equal to
the number of official ballots furnished for such district. Upon
the delivery of said pasters, the inspectors of election shall sigu
a receipt for the same, which receipt shall be retained by lie
officer or board furnishing the pasters, and shall be part of the
record of his or their office. The inspectors shall deliver the
pasters to the ballot clerks, who are required to affix one of such
pasters in the proper place and in a proper manner upon each
official ballot before said ballot shall be delivered to a voter.
When so affixed to the official ballot, the pasters shall be part of
the official ballot. The ballot clerks shall include in their state-
ment of ballots a statement showing the number of pasters re-
ceived by them, the number of pasters affixed to official ballots
and the number of unused pasters returned by them, the unused
pasters to be inclosed in the package of ballots not delivered to
voters.
The use of any paster upon the official ballot otherwise than
as herein provided is hereby declared a felony, punishable by
imprisonment in a state prison for not less than one nor more
than five years. [As amended by chap. 891, Laws of 1911, and
chap. 821, Laws of 1913.]
ARTICLE 6
Resristration of Voters
Section 150. Meetings for registration.
151. ^•Additional meetings for registration.
152. Conduct of meetings; watchers.
153. Adding and erasing names on register.
154. Register of voters.
155. Register; how arranged.
156. ^•Register where personal registration is not re-
quired.
157. Preparation and distribution of registry lists; in-
vestigation of false registration.
158. Registration in cities and in villages of five thou-
sand inhabitants.
159. Registration elsewhere.
160. Registration for other than general elections.
161. Registration for town or village elections.
^ Section repealed by chap. 649, Laws of 1911.
Keoistration of Votbbs 81
Section 162. Qualifications of voters.
163. Gaining or losing a residence.
164. Illiterate and disabled voters.
165. Change of residence within election district,
166. Registration days not holidays.
167. Preparation of challenge affidavits.
168. Form of challenge affidavits.
169. Challenging applicants for registration.
170. Investigation into truth of affidavits.
171. ^^Dnplicate book of challenge affidavits.
172. Disposition of challenge affidavits.
173. Entry requiring challenge by inspectors.
174. Production of naturalization papers.
176. Persons excluded from the suffrage^
176. Certification of register.
177. Making up the registers ; custody thereof after regis-
tration.
178. Custody and filing of registers after registration in
cities of first class.
179. Certifying changes in registers.
180. Custody of registers after election.
181. Certifying number of registered voters.
182. Delivery of blank books for registration ; certificates
and instructions.
182-a. *Special instructions to voters to be prepared for
the year nineteen hundred and fourteen.
183. Delivery of previous registers and poll books to in-
spectors.
184. Penalties.
§ 150. Meetings for registratioiu 1. Except as other-
wise herein provided, before every general election, the board of
inspectors for each election district in every city, and in vil-
lages having five thousand inhabitants or more, shall hold four
meetings for the registration of the electors thereof, at the place
designated therefor, to be known respectively as the first, second,
third and fourth meetings for registration. The said meetings
shall be held on the fourth Friday, fourth Saturday and the third
Friday and third Saturday before such election. Each meeting
shall begini at seven o'clock in the forenoon, and continue until
^'—~ , , -, , ,|„ II ■■ I, _ a m r
^Repealed by chap. 244, Laws of 1914.
* Added by ebap. 243, Laws of 1914.
8S Thb Ei^cnov Law
te^ o'clock in the evening. In all eledioii districts crtiher than
in cities or villages haying five tiicrasand inhabitaBte or more,
the board of inspectors of election for eaeh such election district
shall hold two meetings for the registration of yoters tbereof, at
the places designated therefor, before each general election,
namely, on the fourth and third Saturdays before the election,
to be known respectively as the first and seocmd meetings for
registration, which meetings shall begin at seven o'clock in the
forenoon and continue until ten o'clock in the evening.
2. In a city having more than one miUion inhabitants, the
board of inspectcH^ for each election district shall hold six meet-
ings for the registration of the electCHrs thereof before each gen-
eral election. Such meetings shall begin on Monday the twenty-
ninth day before such election and continue on each day of the
same week up to and including Saturday. On each day except
Saturday the meeting shall begin at half past five o'clock in the
evening, and on Saturday at seven o'clock in the morning. All
such meetings shall continue until half past ten o'clock in the
evening, [As amended by chap. 649, Laws of 1911, chap. 800,
Laws of 1913, and chap. 678, Laws of 1915.]
§ 151. Additioiial meetings for re^stration. If a
[fecial election be called by the governor or a special or other
election be appointed by or pursuant to law for a time other than
the day of general election, the inspectors of election of the vari-
ous election districts in the political subdivision for which such
special or other eleefion is to be held shall meet in their respective
districts on the second Saturday preceding such election, from
eight o'clock in the forenoon to ten o'clock in the evening, for the
purpose of revising and correcting the register of voters as pro-
vided in this article. [Added by chap. 537, Laws of 1916.]
■
§ 152. Comdmet of aaeetiags; watoken* No inspector
shall on any day for registration be absent during the hours £Lsed
for roistering the names of electors. Each political party or inde-
pendent body duly filing or entitled to file certificates of nomina-
^tiens of candidates for offices to be filled at any such election may,
by a writing signed by the duly authorized county, city, town or
village committee of such political party or independent body, or by
the chairman or secretary thereof charged with that duty, and de-
livered to and filed with one of the inspectors of election, appoint
not more than two watchers to attend any meeting or meetings of
inspectors for an election district held for the r^istration of elect-
Reoibtsation of Votebs $3
MS thereof. £a<^ v^atcher must be a qualified elector of the
couBty in whidi the election district for which he is ap])ointed a
watdier dtall be located, provided that women who are dtizena a^
residents of the county, and of the age of twenty-ope years, jmj
act as watdiers, with full rights and privileges of sach office, at anj
meeting or meetings, of inspectors for an dection district held for
the re^stration of electors thereof, immediately preceding axiv
election whatever held at which a woman suffrage constitutioniU
amendment is to be submitted to the voters except that but pne
woman watcher for, and one woman watcher opposed to, the
adoption of such amendment shall be permitted in each election
district. Such watchers may be present at such polling place, and
within the guard-rail, from at least fifteen minutes before the
commencement of the said meeting until after the completion of
the duties of the board of inspectors for that day of r^istration.
[As amended by chap. 428, Laivs of 1910, ehwp. 649, Laws of
1911, and chap. 242, Laws of 1914.]
§ 153. Addims skuA eraoiiis names on res;iater. If the
board of inspectors at any meeting for the registration of electors
shall have neglected or refused to place upon the register of electors
the name of any person who is entitled to have his name placed
thereon, application may be made to the supreme court, or any
justice thereof in the judicial district in which such election
district is located, or of a county adjoining such judicial district)
or to a county judge of the county in which such election district
is located, for an order to place such name upon the register of
electors; and such court, justice or judge may, upon sufficient
evidence, and upon such notice of such application, of not less
than twenty-four hours, to the board of inspectors and such other
persons interested, as the court, justice or judge may require,
order such inspectors to convene as a board of registration on
the second Saturday before such election, and to add the name
of snch person to such register of electors, and such register shall
be corrected accordingly; but no court, justice or judge shall
order the name of any person to be added to the register of
electors unless it shall have been omitted therefrom through the
f suit, error or negligence of the election officers. In ease the name
of any person who will not be qualified to vote in sudi election
district, at the eleetion for which such registration is made^ diall
appear vpon such rt^gister, application may be made in like
manner by any elector of the town or city in which snch election
district is located or by the state superintendent of elections or any
94 The Election Law
deputy state superintendent of elections to any court, justice or
judge hereinbefore designated, for an order striking such name
from the register, and such court, justice or judge may, upon
^iifficient evidence, and upon such notice of such application, of
not less than twenty-four hours, to the person interested as the
court, justice or judge may require, served either personally or by
depositing the same in the post-office addressed to said person by
his name, and at the address which appears in the register certified
fey the inspectors of election order such board to strike such name
from such register of voters, and such register shall be corrected
aSccordingly. In all applications to strike the names of voters from
the Tegister under this section an affidavit by the state superin-
tended of elections or any of his deputies when duly deputed
by the state superintendent of elections for that purpose, that
investigation was made by him pursuant to the provisions of
section four hundred and seventy-five of this chapter, and that
the affiant did visit and inspect the premises claimed by the voter
as his residence, and did interrogate an inmate, house dweller,
keeper, caretaker, owner, proprietor or landlord thereof or
therein as to the said voter's residence therein or thereat, and
that the said affiant was informed by one or more of said persons,
iiaming them, that they were acquainted with and knew the per-
sons residing therein or thereat, and that the voter did not reside
at said premises thirty days before election, shall be presumptive
evidence against the right of the voter to register from such
premises, and in case the court, justice or judge direct that serv-
ice of the order to show cause may be made by depositing the
same in the post-office, such servioc shall not be complete until
a copy of the order to show cause shall also have been served
upon the custodian of primary records for the political subdivi-
sion in which such election dirtri^'t is located, and upon the
chairman of each political et-mmittee for the political subdivision
in which such election district is located. If upon the hearing
of such application the court, justice or judge shall decide that
the name of the elector shall be stricken from the register, tho
order of the court, justice or judge shall direct that the board of
elections shall cause such name to be stricken from the reg-
ister and also from the books of enrollment if it appears therein.
In case the elector has, through no fault or neglect of his own,
been registered in a wrong election district, the court may,
upon proper proof, direct that his name be stricken from the
register of the district in which he is not a qualified elector and.
BSQISTBATION OF V0TEB8 M
if he is a qualified elector in an adjoining election district, may
direct that his name be added to the register of electors in th^
election district in which he is a qualifi^ elector. Xo applica*
tion to add a name to or strike a name from the register shall
be made after a day at least two days prior to the second Saturday
before election. [As cumended hy chaps. 649 cmd 740, Lavrs of
1911, cJiap 820, Ltms of 1913, (md chap 537, Laws of 1916.] >
§ 154. Register of voters. The board of inspectors o£
each election district in the state shall, at their meetings fot
registration for the general election in each year, make a quad-
ruplicate register — one copy by each inspector — in the forma
hereinafter prescribed, of those persons, and none other, who are
or will be qualified to vote in such district at such election, which
register when finally completed, shall be the register of voters of
the district for such election. Such register shall also be used at
all other elections held in such district during the year succeeding
the election for which it is made, except for to^vn meetings and
village elections for which no registration is required.
§ 155. Register; how arranged; signature law. 1.
This subdivision shall apply to election districts outside of a city
having more than one million inhabitants. Tn all such election
districts the register shall be arranged in twenty-four columns,
except that in election districts in which personal registra-
tion is not required it shall consist of twenty-three col-
umns, of which the first twenty-one columns shall be the
same as in the registers for election districts in which personal
registration is required. The leaves of the register shall be
indexed from A to Z. In the first column of such register
there shall be entered, at the time of the completion of the reg-
istration on the last day for registration, a number opposite
the name of each person so enrolled, beginning with " one "
opposite the first name entered in the page indexed A and contin-
uing in numerical order to and including the last name entered
upon the last page of such register. On each day of registration
there shall be entered in the second column thereof the surname of
such persons in the alphabetical order of the first letter thereof, on
the page bearing the index letter of such surname and in the third
column the christian name or names of such persons respectively.
In the fourth column shall be entered the residence number or
other designation, and in the fifth column the name of the street
or avenue of such residence or a brief description of the locality
9& Thk EiJK€TE02t Law
tK^reof. In the sixtb oolnmn shalJ be entered the number of the
floor er room occupied by the elector at the residence giren hy
hj^ra, find in the serenth column shaB be entered the f nil name
of the honaeholder, tenant, snhtenant or apftrtment-lessee ynA
whom the Sector resides^ and in the eighth column shall be en-
tered his age, in the ninth, tenth and eleirenth columns shall be
entered his length of residence by year^, months and days as the
ease may be, in the state, comity and election district, respectively ;
and in the twelfth column shall be entered the country of his
nativity which shall mean the country, state or province of the
elector's birth, irrespective of his former political allegiance. In
the thirteenth column, if he be a naturalized citizen, shall be
entered the date of the naturalization certificate under which he
claims citizenship and in the fourteenth column shall be entered
the designation of the court issuing such naturalization certificate.
In the fifteenth, sixteenth, seventeenth and eighteenth columns
AaU be entered respectively the name of the state, the city or
town, and the street number and the name of the street or avenue
of the residence of such person from which such person last regis-
tered or voted, «nd the year in which he last registered or voted.
In the nineteenth column shall be entered the date of the regis-
tration of the elector. In the twentieth column shall be entered
if the elector is in business for himself or with others the name
under which he is so in business^ or, if the elector is employed
by some other person, the name of his present employer. If
h^ is not in business and has no employment, the "wcard "n<H»e*'
shall be entered, together with the name under whidi he was
last in business or the name of his last employer, if any. In
the twenty-first column shall be entered the street and number^
or if it has no street number, a brief description of the Ioeati(m
of the place, if any, where he is so in Imsiness or employed, er,
if unemployed, the place, if any, where he was last in bnatness
or employed. The information required to be stated in the twen-
tieth and twenty-first columns shall only be asked in the event
that the person offering to register shall not have registered in
the same county in the general election immediately preceding*.
The twenty-second eolunin of the register of any electkm distriet
in which personal registration is required shall be reserved for ttie
signature, at the time of registration, of any elector who registers
personally in any such district, or in case sneh elector a))egei» his
Jnabflity to write, for entering therein the number of the ** idmti*
fieation statement for registration day ^ made l^ such eleetor
Eeosbtbjitioh of Vot£bs 81^
liereiimfter provided. Above each horiaoiitml line in the said
twenty-second eofamrn ehmll be printed the words ^ the foregoing '
statemenlB axe true '^ and the elector ahail at the time of personal •
ragtfltntiaB, sign his name by his own hand and without aseisl^
tnce, asiv an indriihte peneil or ink, below auch words on the
faorinmftal Hm in the nsgiatw of electora, which legister shall be
bown as the ^signataie copy/' Said signature copy shall be*
one of the registers^ other than the pnUic copy, which signature
copy fihall be kepi by an inapector of opposite political faith f romi
the chairman, and shall be used at the polls on election day. Then
twenty-third column, or, in the regiater for an election district in ,
which personal registratimi is not required, die twenty-second;
column, shall be reserv^ed for altering the consecutive number ^
on the stub of the official ballot, voted by the elector on election
day. In the twenty*fonrth column, or, in the register for an elec- >
tion district in which personal r^stration is not required, the
twenty-third column, shall be entered, opposite the name of each
elector, under the heading ^ remarks ^ the facts regarding diaJr
lenges, oaths and other facts afiectii^ such elector required to be
recorded, including, in the case of a person not required to reg-
ister personally who did in fact so register, the word ^^ personaL^.
i. This subdivision shall apply only to election districts within )
a dfy having more than one million inhabitants. In all electioaj
districts in any such city, the register shall be arranged in twenty^,
nine (at the general election preceding a presidential primary,;
thirty) columns, and the leaves thereof shall be indexed from A.
to Z. The first column of the register shall be entitled ^^ Kegia-
tration IS a. ot Voters,'' and in such column shall be entered at tfao;
time of tiie completion o£ the registration on the last day for regis-
tration, a number opposite the name of each person so registered,
beginning with ^' one'^ opposite the £rst name entered in the page
indexed A and continuing in numerical order to and including the
last name entered upon the last page of such raster. Columns
two to twenty-four inclusive shall bo filled in on each day of regis-
tration as each voter is registered, and the remaining columns at
the times respectively provided. All suck columns shall be appro-'
priately entitled to indicate iheir purpose. In the second column^
shall be entered the date of the registration of each voter. In ihe
third column shall be entered Uie surname of such persons in the
alphahetieal order of the finrt letter thereof, on the page bearii^
the Index letter of such surname. In the fourth column shall ha
entered the cSiristian or given name or names of such persoes
respectively. In Ihe fifth and sixth columns shall be entered tiie
(98 Ths Election Law
residence number or other designation, and the name of the street
or avenue of such residence or a brief description of the locality
.thereof. In the seventh column shall be entered the number of the
floor or room occupied by the elector at the residence given by
hinL In the eighth column shall be entered the full name of the
householder, tenant, subtenant or apartment lessee with whom the
elector resides. In the ninth column shall be entered the elector's
,age. In the tenth, eleventh and twelfth columns shall be entered
the length of the elector's residence by years, months and days as
itbe case may be, in the state, county and election district, respec-
tively. In the thirteenth column shall be entered the country of
his nativity, which shall mean the country, state or province of the
elector's birlh, irrespective of his former political allegiance. In
the fourteenth and fifteenth colunms, if the voter be a naturalized
citizen, shall be entered the date of the naturalization certificate
blinder which he claims citizenship and the court issuing such
naturalization certificate. In the sixteenth, seventeenth, eighteenth
and nineteenth columns shall be entered respectively the name
of the state, the city or town, the street number and the name of
the street or avenue of the residence of such person from which
«uch person last registered or voted, and the year in which he last
registered or voted. In the twentieth column shall be entered, if
the elector is in business for himself or with otherd, the name
under which he is so in business, or, if the elector is employed
by some other person, the name of his present employer. If he is
not in business and has no employment, the word "none" sliall
be entered, together with the name under which he was last in
business or the name of his last employer, if any. In the twenty-
first colunm shall be entered the street and number, or if it has
no street number, a brief description of the location of the place,
if any, where he is so in business or employed, or, if unemployed,
the place, if any, where he was last in business or employed. The
twenty-second column shall be reserved for the signature of any
elector who registers personally, at the time of registration, or, in
case the elector alleges his inability to write, for entering therein
the number of the " identification statement for registration day "
made by such elector as hereinafter provided. Above each hori-
zontal line in the said twenty-second column shall be printed the
words "the forgoing statenjents are true*' and the elector shall
at the time of personal registration, sign his name by his own hand
and without assistance, using an indelible pencil or pen and ink,
below such words on the horizontal line in the register of electors,
Beoistration of Votebs SB
which roister shall be known as the " signature copy/' Said si^
nature copy shall be one of the registers, other than the public
copy, which signature copy shall be kept by an inspector of opposite
political faith from the diairman, and shall be used at the ^6\k
on election day. In the twenty-third column the person who has
personally made the entries aforesaid in registering the votet
shall sign his own initials in evidence thereof, which signatiiflo
must be made at the same time that the voter is registered. Ih
the twenty-fourth column shall be entered the number on the en-
rollment blank which is given to the voter to enable him to eriTK^U
in a party as provided in article two of this law. The twetrty-
fifth column shall be reserved for the entry of the name of the
party, if any, in which the voter enrolls, or other statement, ds
provided in said article two of this law. The twenty-sixth column
shall be entitled "No. of Stub, Election Day," and shall be re-
served for entering therein the consecutive number on the strib
of the official ballot or set of ballots voted by such voter on elec-
tion day. The twenty-seventh column shall be entitled ** No. of
Stub, 1st Primary," and shall be reserved for entering therein
the consecutive number on the stub of the official ballot cast by
such voter at the first official primary, whether spring or fall,
following the general election for which such registration vrks
made. The twenty-eighth column shall be entitled *' No. of Stn^b,
2d Primary," and shall be reserved for entering therein the eoh-
secutive number on the stub of the official ballot oast by sn'<^h
voter at the next succeeding official primary held prior to the
next enrollment, or, should an unofficial primary be held, for tie
entry of the word " Yes " to indicate that such voter voted at such
primary. In preparing the registers for the general election neixt
preceding a presidential election an additional column (the
twenty-ninth in such case) shall be included, entitled *' No. of
Stub, 3rd Primary," and shall be reserved for use at a third
primary, if any, as above provided for a second primary in other
years. The last column in the register shall be entitled " Re-
marks regarding challenges, oaths, and other facts required to be
recorded," and in such column shall be entered, opposite the name
of each voter, with the date of each such entry, such record of
challenges, oaths, and other facts relating to him as this law
requires to be entered in the register and are not otherwise pro-
vided for.
3. The provisions of this subdivision shall apply to all election
districts in which the registration of electors is required to be
personal If tiie elector alleges his inability to so sign in the
fO Thx EuicTiosr Law
ieaaes provided for in cither of the foiegoing sabdzTisions^ one
jof the inspectors, dengnated by the chairman^ shall read to the
fjee.toar the following list of qnestions from a book to be fumi^ied
said inspector and to be known as '' identification statements for
registration daj/' and said inspector shall write down in said
book the answers of the elector to said questions : What is yoor
.true name ? What is or was your fathered full name ? What is
oar was your mother^s fnU name? What is your occupation!
What is the name of yonr present employer? If unemployed^
.]nrhat is the name of your last employer? Where is or was his
place of business \ Are you married or single ! Where did you
actually reside inunediately prior to taking up your present
residence; state floor and character of premises? At the bottom
of each list of questions shall be printed the following statement :
" I certify that I have read to the above named elector each of
the foregoing questions and that I have truly recorded his answers
as above to each of said questions^" and said inspector who has
made the above record shall forthwith sign his name to said cer^
tificate and date the same. The above questions shaU be printed
on separate sheets of paper which shall be furnished said inspector
bqund together in book form and numbered consecutively, and the
number corresponding to the number on each sheet containing said
list of questions shall be entered when the questions have been
answered, in the twcntv-second column, in the register of electors
in which the electors :^istering have signed their names. Said
book of " identification statements for registration day " shall be
kept at all times with the register in which the electors sign their
names as hereinbefore provided. A sufficient number of identi-
fication statements for registration and election days, bound in
book form shall be furnished to each board of inspectors in the
same manner as the r^stration and poll-books are now furnished
to said boards of inspectors. The lines in the registers and poll-
books for election districts in which the registration tkf electors is
required to be personal shall be one-half inch apart.
4. Each page of the registers and poll-books for any Section
district in the state shall in every case be consecutively numbered.
[.4^ a^mended ly ch^p. 428, Laws of 1910, chw/K 649, Lawa of
1911, chap. 678, L€ms of 1915, aurf cha,p. 537, Ltms of 1916.]
§ 157. Preparation and distribntion of T^g^taty
lists; investication of falM reeistrati«n. The board of
inspectors of each election district shall, immediately after the close
of the last day of registration, toake and ctmiplete one list of all
BiMOBTK&nosr ov Votsbs 91 >
p^soBfl regwlered m tiieir -fODpiwtiy^ dislrietB, in die iioai«rtcAl
order of the street Bumbers thereof, whieh list shaU be signed and
certified by the board of inspectors. Such list shall be deliver^ h^ j
4e chairman of the board of inspectors to the police captain of the
precinct, if any, in which the election district is located, or an
officer thereof, or to the town clerk, who shall forthwith deliver
the same to the board of elections in the county in which such
election district is located. The board of elections of each county
containing a city of the first or second class and the board of elec-
tions of the city of New York shall, as soon as possible after
the delivery of such lists, and not less than six days prior to tho
day of election, print in pamphlet form for each ward of any
such city within their respectiTe counties, or for each assembly
district in the city of New York, not less than twenty-five times
as many copies of said registration lists as there are election dis-
tricts in such assembly district or ward, so that each assembly
district or ward pamphlet shall contain the lists of tho several
election districts in such assembly district or ward. Upon tho
written application of the chairman of the executive committee of
tho county committee of any political party whose candidates
are entitled to a place upon the official ballot to be voted at the
election for which the registration is made, the board of elections
of such city or of any such county, as the case may be, shall
respectively deliver to such chairman five copies of each assembly
district or ward pamphlet for each election district within such
city, or, in the city of New York, within each assembly district otf
the county which such county committee represents. Two
pamphlets containing the lists of the registered persons in the
election districts within his precinct shall be furnished to eadi
police captain in all such cities. It shall be the duty of every
police captain in every city of the state to forthwith cause an in-
vestigation of each namo registered in his precinct to be mado
and report to the state superintendent of elections at his office in
such city or at such other office as such superintendent may in
writing designate any case of false registration there found. In
^^y ^^fy <>^ ^^ state in which registration lists are not printed,
including third class cities, it shall be the duty of the board of elec-
tions of the eounty or of such city to afford necessary facilities^
indading derical assistance, to every such police captain in traiir
scribing liie whole or any part of the registration lists in aid of the
duty of investigation imposed on him under the provisions of tiiis
section. Tho board of elections in each county shall furnish to the
83 The Electiok Law
state superintendent of elections three copies of each, pamphlet
printed by it. The remaininfi^ pamphlets so printed shall he
SiBfcributed in the discretion of the said boards, which shall have
respectively the power to charge for each pamphlet a sum not ex-
ceeding ten cents a copy, and any moneys resulting from the sale
thereof shall be paid to the comptroller of the city of New York
or county treasurer of the county for the benefit of the treasury of
such city or county. The boards of election shall contract for
the printing of such lists of registered electors with whomsoever it
may seem to said board to be most advantageous to so contract, but
such contract shall only be awarded after proper public notice and
to the lowest bidder.
Such lists shall be made and printed as near as may be in the
following form, to wit:
GRAND STREET.
Residence number or
other designation. Name of elector.
14 Smith, John M.
15 Jones, Charles M.
t/is' amended by chap. G49, Laws of 1911, chaps. 800 cund 821,
Laws of 1913, chap. 678, Lairs of 1915, and chap. 537, LavTS of
1916.]
' § 158. Registration in oities and in villages of five
thousand inhabitants. In cities and villages having five
thousand inhabitants or more, the names of such persons only as
personally appear before the inspectors, and who are or will be at
the election for which the registration is made, qualified electors,
shall be registered for a general election, except that whenever any
election district in a village having five thousand inhabitants or
more shall embrace within its boundaries territory without the
limits of such village, the inspectors shall, at their first meeting for
registration for a general election, place upon such register the
names of all persons appearing on the register of the last preced-
ing general election who resided without the limits of such vil-
lage but within the election district and who voted at such last
preceding general election, except the names of such electors as
are proven to the satisfaction of such inspectors to have ceased to
be electors since such general election or to have moved within the
limits of such village. They shall also place upon such register,
at their first and subsequent meetings, the names of all other
Registbation of Yotees
persons residing without the limits of the village and within 8li«h
election district who may then appear before such inspectors aTi4
apply for registration and who are or who will be at the elecrtioii
for which the registration is made qualified electors, and also, at
their first and subsequent meetings, the names of all persons not
registered under the foregoing provisions who are known or
proven to the satisfaction of the inspectors to be then or thereafter
entitled to vote at such election and who reside within such elec-»
tion district but without the limits of such city or village. [As
amended by chap. 649, Laws of 1911, chap. 820, Laws of IB'lSj
and chap. 537, Laws of 1916.]
§ 159. Registration elsewliere. At the first meeting for
registration in any election district where only two meetings for
the registration of voters are held for any general election, as
provided in section one hundred and fifty of this article, the
inspectors shall place upon the register the names of all persons
who voted at the last preceding general election, as shown by the
register or poll book of such election, except the names of such
voters as are proven to the satisfaction of such inspectors to have
ceased to be voters in such district since such general election.
They shall also place upon the register at their first and second
meetings the names of all other persons who then appear before
such inspectors and apply for registration and who are or will be,
at the election for which the registration is made, qualified electors,
and also, at their first and second meetings, the names of all per-
sons not registered under the foregoing provisions who are known
or proven to the satisfaction of the inspectors to be then or there-
after entitled to vote at such election. [As amendfd bij chap. 049,
La^rs of 1911, chap. 820, Laws of 1913, and chap. 537, Ijaws of
1016.]
§ 160. Registration for other than general elec-«
tions. At the meeting of the board of inspectors in a
city or village having five thousand inhabitants or more, for re-
vising and correcting the register for any election other than a
general election, the inspector shall retain upon the register of
their respective districts the names of all persons qualified to vote
at such election in such district which appear upon the register of
electors for the last preceding general election in such election
district, except the names of such electors as are proven to the
satisfaction of the inspectors to have ceased to be electors of such
district since their names were placed upon such register, and
shall, at such meeting, add only to such register the names of the
94 Thb 'EuECTtojx Law
persont qualified «8 Sectors who shall persomally appear before
the boardL If, however, auch elector resides within such election
district but without the limits of stich village, his name shall be
placed upon snch register, if it is shown to the satisfaction of sndi
board that he is entitled to vote therein.
In cities any elector who was registered in an election district
of such city at the last preceding general election, and who since
that time shaU have removed into another election district in
the same city, and who is otherwise qualified to vote at such
special election, shall, upon demand, receive from the board of
inspectors of the district in which he was roistered for such last
preceding general election a certificate duly signed by the said
board of the fact that his name was upon such register and has
been erased therefrom because of such removal, and his name
shall thereupon be erased from sudi register. Upon presentation
of such certificate by the elector to the board of inspectors of the
election district in which he resides, his name shall be placed
upon the register for such district. The inspectors must note
upon the register opposite the name of such elector the fact of
such removal, specifying the election district from which he has
removed. They shall carefully attach such certificate to the
register.
No elector shall cause his name to be placed upon the register
of an election district for any election other than a general elec-
tion, while his name shall appear upon the register of another
district to be used at such election.
Any person who shall violate this provision is guilty of a
felony, and upon conviction shall be punished by imprisonment
in a state prison for not less than two nor more than five years.
In all election districts other than in cities or in villages of five
thousand inhabitants or more, the board of inspectors in prepar-
ing for an election other than a general election shall add to the
register for the last preceding general election the names of such
electors as they know are or are satisfied by proof will be on the
day of such election entitled to vote thereat, and shall strike there-
from the names of all persons who are known or are proven to
their satisfaction to have ceased to be qualified electors of such
election district [As amended hy chap, 649, Laws of 1911.]
§ 161. Resistration for town or -rillase electioms.
No registration of voters shall be required for town or Tillage
elections, except as provided in the village law, and except that
when a town or village election is held at the same time with a
BoABD OF Elections. 95
general eleetion all voters in enoh town or village to be entitled
to vote at such town or village election must be registered as pro-
vided by law for tbe registration of voters for any general eleetiop
in such town or village. \^As amended hy chap, 424, Lawit of
1910.]
§ 162. Qualifleatloms of voters. A person is a qualified
voter in any election district for the purpose of having his nanie
placed on the register if he is or will be on the day of the election
qualified to vote at the election for which such registration is
made. A qualified voter is a male citizen who is or will be on the
day of election twenty-one years of age, and who has been an in-
habitant of the state for one year next preceding the election, and
for the last four months a resident of the county, and for the last
thirty days a resident of the election district in which he offers
his vote. If a naturalized citizen, he must, in addition to the
foregoing provisions, have been naturalized at least ninety days
prior to the day of election. [As amended hy chap. 821, Laws of
1913, and chap. 678, Laws of 1915.]
§ 163* GaiAins or lofiiag a residence. For the pur-
pose of registering and voting no person shall be deemed
to have gained or lost a residence by reason of his presence or
absence while employed in the service of the 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
asylxim, or institution wholly or partly supported at public ex-
pense or by charity ; nor while confined in any public prison. Any
person claiming to belong to any class of persons mentioned and
referred to in this section shall file with the board of inspectors
at the time of registration a written statement showing where he
is actually domiciled, his business or occupation, his business ad-
dress, and to which class he claims to belong. Such statement
shall be attached to the register, and be open for public inspection,
and the fact thereof shall be noted in the register opposite the
name of the person so registered.
§ 184. Illiterate and disabled voters. If, at any meet-
ing for the registration of voters, any person entitled to be
registered and of whom personal registration is required shall
96 The Election Law
declafe to the board of inspectors at the time he applies
for registration that he is unable to write by reason of illiteracy,
or that he will be unable to prepare his ballot without assistance
by reason of blindness, or of such degree of blindness as will
prevent him, with the aid of glasses, from seeing the names
printed upon the official ballot, loss of both hands, or such total
inability of both hands that he can not use either hand for or-
dinary purposes, or that he will be unable to enter the voting
booth without assistance by reason of disease or crippled condi-
tion, the nature of which he must specify, it shall be the duty of
the said board of inspectors to administer an oath to such person
in the following language, namely : ** You do solemnly swear (or
affirm) that you will be unable to prepare your ballot without
assistance, because," and after the word " because," continuing
with a statement of the specific disease or crippled condition as-
signed by the person as the cause of his alleged disability, and the
said inspectors and each of them shall make a note upon tho
register of each instance in which such oath is administered, and
of the cause or reason so assigned.
§ 165. Cbange of residence ^within election district.
If any voter after being registered shall change his place of resi
dence within the same election district, he may appear before the
board of inspectors of such district on any day of registration, or
on the day of election, and state under oath that he has so changed
his residence, and the board of inspectors shall thereupon make
the proper correction upon the register of such district.
§ 166. Registration days not holidays* "No part of a
day fixed for the registration of voters shall be deemed a holiday
so as to affect any meeting or proceeding of the board of inspectors
for registration.
§ 167. Preparation of challenge aflBLdavits. The secre-
tary of state shall prepare and cause to be printed on good writing
paper in book form wherever he deems it desirable for the best
interests of the state, at least fifteen blank challenge affidavits for
each election district in cities and at least ten such blanks for each
election district outside of cities and shall transmit to each board
of elections or other officer to whom or which he is required to
deliver the register of voters, at the same time and in the same
manner as such register of voters is transmitted, a sufficient num-
ber of such books of blank challenge affidavits as shall provide one
Heqistbation of Voters 97
I
such book for each board of inspectors in each county, and such
offleezs shall transmit the said books to the respective boards of
UQ3pectors in the same manner and at the same time as the register
of TOters. The secretary of state shall also furnish to such board
such additional number of such books of challenge affidavits and
copies thereof, as hereinafter provided, as in his judgment shall
be necessary to replace lost or damaged books and to provide extra
books to any election district in which the supply may be exhausted
during the registration of voters. Such extra books shall be fur-
nished by such board to the inspectors upon application by the in-
spectors or any citizen. \_As amended hy chap. 244, Laws of
1914.]
§ 168. Form of challenge affidavits. Each challenge
affidavit shall have a stub attached thereto and separated from
such affidavit by a perforated line with a space on such stub for
writing the name and the address of the challenged person, and
both the stub and affidavit shall bear the same printed number
and shall be numbered in consecutive order in each book, begin-
ning with number one. Such challenge affidavit shall be printed
m the following form, to wit :
(Stub)
" Name of applicant
Address
(Perforated line)
CHALLET^^GE AFFIDAVIT
State of New York 1 ^^ .
County of J
Election District
Assembly District (or Ward)
City (or town) of
What is your true name ?
Where do you actually reside ?
Under what name arc you known at that address ?
Are you a householder ?
What is the name of the householder with whom you reside?
What is the character of the house in which you reside ? (By
4
98 The Election Law
character is meant 'whether it is a hotel, lodging house, tene*
ment, furnished room house, or private dwelling.)
#••••••••••••••••••••••••••••••••••■•••••••••••••••••••
How old are you ? • .
Where were you born ?
If naturalized, give name of court issuing and date of ce^
tificate •
What is your occupation ?
What is the name of your present employer?
Where is his place of business ?
What is the name of your last employer ?
Where is or was the place of business ?
When did vou last re^^ij^ter or vote ?
From what address did vou last roirister or vote ?
Citv or town Street and number
IIow long have you been an inhabitant of this state ?
How Ir ns: have you been a resident of this coimty ?
How long have you been a resident of this election district I
Are you married or single ?
If married, where does your family reside ?
If single, where do your parents reside ?
How long do you contemplate residing in this election district!
■ ••■••••••■■•••••••••••••••■••••••••••••••■•••. •••••>■■
Give place or places by street and number, the city, town or
village of your residence or residences during the past four
months
Where did you actually reside immediately prior to taking up
your present residence ?
Have you been convicted of felony ?
If so, have you been pardoned and restored to all the rights
of citizenship ?
When ? By whom ?
Have you made any bet or wager, or are you directly or indi-
rectly interested in any bet or wager depending on the result of
the next ensuing election ?
Have you received or offered to receive, or do you expect to
receive, any money or other valuable thing as a compensation or
reward for registering or for giving your vote or refraining from
voting at the next election ?
Have you paid, offered or promised to pay, contributed, oflFered
or promised to contribute, to another, to be paid or used, anv
Registkation of Voters 99
money or other valuable thing, or made any promise, to influence
the ^ving or withtolding of any vote at the next ensuing elec-
tion?
I, the undersigned, do hereby solemnly swear (or affirm) that
the answers to the above questions were given by me and that
they are true answers to such questions.
(Signature of applicant.)
Description of applicant.
Height Color of hair
Weight Hair on face
Color Kind of nose
Marks on face or hands
Distinguishing marks
I, the undersigned, an inspector of election of the above design
nated election district, do hereby certify that the within named
person did on this day personally appear before the board
of inspectors of this election district and did make application
to have his name enrolled upon the register of voters
of this said election district; that he was challenged and was
Bwom by me and did make the answers set opposite the printed
Questions upon this affidavit and signed the same in my presence.
Dated this day of October, 19. .
Xame Residence
Inspector of election :
(To be signed by the inspector administering oath to applicant.)
Witnesses.
Name Residence Inspector of Election.
Name Residence Inspector of Election.
Name Residence Inspector of Election.
(Board of inspectors.)
Name of challenger
Residence of challenger '*
§ 169. Challenging applicants for registration.
1. Any person who applies personally to any board of inspectors
for registration for any election may be challenged by any quali-
fied elector present or by any qualified watcher present.
2. If such applicant be so challenged, or if any member of the
loard of inspectors shall have reason to suspect that such appli-
cant is not entitled to have his name registered, the chairman of
the board of inspectors or any member of such board is hereby
758013
100 . . The Elsoihon. Law: . •
authorized to and ahalL administer to such appUca&t rthe: loUo^
ing oath: "You do solemnly swear (or affirm) that yoioi: 'will
true answers make to the questions touching upon: your qualifir
cations as an elector and such other questions as may be.p]uit you
tending to establish your identity," and one of the inspectors shall
thereupon read to such challenged person each and every question
printed upon the challenge affidavit provided for by section one
hundred and sixty-eight and shall enter in ink opposite each ques-
tion the answer thereto given by such applicant The applicant
shall subscribe his name to such challenge affidavit, which shall
also be subscribed by the inspector administering the above oath
and as witnesses by the other inspectors present, who shall certify
over their names the fact that the applicant did apply for registra-
tion, that he was duly sworn, and that the answers set opposite
the printed questions are the true answers given to such questions
by the challenged applicant. The inspector shall also enter in the
place provided on the challenge affidavit a description of the per^
son challenged and the name and address of the person challeng-
ing. If the applicant shall by his answer satisfy a majority of the
board of inspectors of his right to be registered, they shall register
his name as an elector; if not, they shall point out to him the
qualifications which he lacks as an elector and his name shall
not be registered except as provided by section one hundred and
fifty-three of this article, and upon any such proceeding the
challenge affidavit of such applicant shall be submitted in evi-
dence to such court, justice or judge. If the applicant shall re-
fuse to make oath to the questions put to him and the answers
given thereto by him or shall refuse to answer any questions upon
the challenge affidavit, his name shall not be placed upon the
register, or if recorded thereon previous to his ascertained quali-
fication as an elector, the inspectors shall enter in the remark
column after such name the word " disqualified," and no person
shall be allowed to vote on such name at the election. Whea
the name of a person who has signed a challenge affidavit shall be
registered, the inspectors shall enter in the column headed " re-
marks " on the register opposite such name the word " affidavit,'*
giving the consecutive number, printed on such affidavit. [As
amended by chap. 428, Laivs of 1910, and chap, 649, Laws of
1911.]
§ 170. Investigation into tmth of affidavits. At the
close of each day of registration the inspectors of election shall
Eeoisxbation ov Votebs 101
d^tflcb fi^m the'Btubg the ehallenge affidavits signed by the person*
challenged during the day and in cities shall deliver them to the
police captain of the precinct in which the election district ii
located or to an officer thereof, and such police captain or com-
manding officer of such precinct shall immediately cause an investi-
gation of the truth of such affidavit to be made, and if such investi^-
gation shall prove the same to be false in any particular affecting
the right of the challenged person to register or vote, the said
officer shall deliver the same to the district attorney of the county,
together with the evidence of the falsity of such affidavit and the
district attorney shall forthwith present the same to the grand
jury of such county. In election districts outside of cities such
affidavit shall be delivered by the inspectors to the sheriff of the
county who shall proceed in like manner. Copies of all such
challenge affidavits shall be mailed by the police or sheriff forth-
with at the close of each day of registration to the state superin-
tendent of elections, who shall proceed in like manner. [As
amended by chap. 649, Laws of 1911, and chap. 678, Laws of
1915.]
§ 172. Disposition of challenge afB.davits. At the
close of the last day of registration the inspectors shall file the
book of stubs and unused challenge affidavits with the officer from
whom it was received by the inspectors and such officer shall pre-
serve it in his office.
The officer or board with whom the original challenge affidavits
or copies thereof are filed may destroy the same six months after
the date of the election for which they were made, except those
which are to be used in any criminal prosecution.
§ 173. Entry requiring challenge by inspectors. If,
at a meeting of the board of inspectors for registration, any voter
shall, upon oath, declare that he has reason to believe that any
person on the register of voters will not be qualified to vote at the
election for which the registration is made, the board of inspectors
shall place the words " to be challenged ^' opposite the name of such
person, and when such person shall offer his vote at such election,
the general oath as to qualifications shall be administered to him,
and if he shall refuse to take such oath he shall not be permitted to
vote.
S 174. Prodnction of naturalization papers. Tt
shall be the duty of every naturalized citizen before being
registered to produce to the inspectors, if any inspector shall
102 The Election Law
require, his naturalization papers or a certified copy thereof for
their inspection, and to make oath before them that he is the per-
son purporting to have been naturalized by the papers so produced,
unless such citizen was naturalized previous to the year eighteen
hundred and sixty-seven. If, however, such naturalized citizen
can not for any reason produce his naturalization papers, or a
certified copy thereof, the board of inspectors, or a majority of
such board may place the name of such naturalized citizen upon
the register of voters upon his furnishing to such board evidence
which shall satisfy, such board of his right to be registered.
§ 175* Persoiis excluded from, the suffrage* Xo
person who shall receive, accept, or offer to receive, or
pay, offer or promise to pay, contribute, offer or prom-
ise to contribute to another, to be paid or used, any money or
any other valuable thing as a compensation or reward for the giv-
ing or withholding a vote at an election, or for registering or re-
fraining from registering as a voter, or who shall make
any promise to influence the giving or withholding any such
vote or registration, or who shall make or become directly or indi-
rectly interested in any bet or wager depending upon the result of
an election, shall vote at such election. Xo person who has been
convicted of a felony shall have the right to register for or vote at
any election unless he shall have been pardoned and restored to
the rights of citizenship.
§ 176. Certification of reg:i8ter. At the close of each
meeting for the registration of voters, for a general or other elec-
tion in a city, or in an election district wholly within a village hav-
ing five thousand inhabitants or more, the inspectors shall append
to each book of registration their certificate to the effect that such
register as it now is, comprising (here insert the number) names*
is a true and correct register of the names and residences of
all the voters qualified to vote at such election in such district,
who have personally appeared before the board of r^stration, and
such registers so certified shall be presumptive evidence that the
names and places of residence contained therein are the names and
places of residence given by the persons registered respectively.
At the close of each meeting for the registration of voters
for a general or other election elsewhere than in a city, or
in a district wholly within a village having five thousand inhabit-
ants or more, the inspectors shall append to each book of registra-
tion a certificate to the effect that such register as it now is, com-
Reoistratiox of Votkrs 103
prising (here insert the number) names, is a true and correct
register of all voters qualified to vote at such election in such dis-
trict who have personally applied for registration, or whose names
the board was required by law to place thereon.
Each such certificate shall be signed by all the inspectors,
but in case one inspi^ctor required to sign such certificate
shall fail for any reason so to do, he may be required by the
officer with whom such register is filed to sign such register at a
subsequent date. In all cases a majority of the inspectors must
sign such certificate at the close of each day of registration.
§ 177. Making up the registers; custody thereof
after registration. 1. The register of voters made by the
chairman of the board of inspectors shall be, and shall bo known
as, the public copy of registration. Such public copy shall be
loft in a prominent position in the place of registration from the
first day of registration until election day, and shall at all reason-
able times be open to public inspection and for making copies
thereof. When the place of registration is in a school bouse, or
other public building, authorized to be so used under subdivision
three of section two hundred and ninety-nine, such public copy
shall be left in the custody of the janitor or some other person in
charge of the building, who shall be responsible therefor, and a
notice shall be kept publicly posted stating how inspection thereof
is to be obtained.
2. Each other inspector shall carefully preserve his register of
voters and shall be responsible therefor, until the close of the can-
vass of the votes on election day, except as hereinafter provided
for in cities o£ the first class.
3. At the close of each day of registration the inspectors shall
draw a line in ink immediately below the name of the voter last
entered upon each page of each such register. Upon the succeed-
ing day of registration, they shall enter the names of voters in the
alphabetical order of the first letter of the surname below the line
so dra\^Ti upon the proper page after the close of the previous day
of registration.
4. Upon the close of the last day of registration, the inspectors
shall again carefully compare all the books of registration, to see
that they are identical as to their contents, and shall certify as a
board in the proper place provided therefor upon each such regis-
ter that such register is a true and correct register of persons
registered by them in such district for the next ensuing election.
104 The Election Law
and shall state the whole number of such persons so registered.
[As amended hy chap. 678, Laws of 1915.]
§ 178. Custody and filing of registers after registra-
tion in oiti^s of first class. In cities of the first class, at
the close of the last day of re^stration, the chairman of the board
of inspectors shall take from an inspector of opposite political
faith from himself, the register of voters made by such
inspector, and deliver it to the police, who forthwith shall file
the same, if in the city of New York, with the board of elections
in the borough of Manhattan, and with the chief clerk of the
branch office of the board of elections in each other bor-
ough, and if in any other city, with the commissioner of elections.
Such registers so filed shall be a part of the records of the offices
in which they are filed. The two other inspectors of opposite
political faith from each other shall retain their respective regis-
ters of voters for use on election day. All registers of voters shall
at all reasonable hours be accessible for public examination and
making copies thereof, and no charge of any kind shall be made
for such examination or for allowing any voter to make a copy
thereof. In cities of the first class the public oopy of registration
shall be used, if necessary, on election day by the inspector whose
register was filed by the chairman as herein provided.
§ 179. Certifying cbanges in reg:isters. If, in cities,
the board of inspectors shall meet on the second Saturday before
the election for the purpose of revising and correcting the regis-
ter of voters in pursuance of an order of the supreme court,
' a justice thereof or a county judge, as provided in section
one hundred and fifty-three of this article, the inspectors shall
certify forthwith to the officer with whom the copy* of the register
is filed the change or changes made upon such register in pursu-
ance of such order. At any revision of registration for an electiou
other than a general election, the quadruplicate register of voters
for the last preceding general election shall be furnished to tko
inspectors of election by the officer or board having the custody
thereof, and the inspectors shall certify to the officer or board in
cities of the first class with whom the registers are filed the
changes, additions or alterations made in such registers for such
election.
§ 180. Custody of registers after election. At the
close of the canvass of the votes of any election, or within twenty-
four hours thereafter, the two copies of the register of electoi^
Registration of Voters 106
used by the inspectors and the public copy thereof shall be filed
wit& the board of' elections of the county in which the election
district is located and in the city of 'Sew York with the office
located in the borough of Manhattan, and with the chief clerk of
the branch office of the board of elections in each other borough
of the city of New York. It shall be the duty of the officers with
whom such registers of the election districts are filed, to forth-
with file one copy of such register for each election district with
the state superintendent of elections. Such register of electors
shall be carefully preserved for use at any election which may
be ordered or held in either of such counties or cities, respectively,
prior to the next ensuing general election at which they may be
required. [^4* amended by chap. 649, Laws of 1911, and chap.
678, Laws of 1915.]
§ 181. Certifying nnmber of registered electors.
At the close of registration on the last day the board of in-
spectors shall upon blanks furnished by the secretary of state forth-
with certify and file with or mail to the officer or board charged
with the duty of furnishing ballots to such district and to the
state superintendent of elections the total number of electors
registered in such district. The inspectors of each district shall
also furnish to the same officials in like manner at the close of
each day of registration the total number of electors registered on
such day in their respective districts. The chairman of the board
of inspectors of election of each district shall also forthwith at
the close of each day of registration file with or mail to the state
superintendent of elections a certificate showing the total number
of voters registered therein in the respective election districts.
[As amended by chap. 649, Laws of 1911, and chap. 678, Laws
of 1915.]
§ 182. DeUvery of blank books for registration;
oertifloates and instmetions. The secretary of state shall
purchase whenever he deems it desirable for the best interests of
the state, a suitable number of blank books for registers of voters,
with blank certificates and brief instructions for registering the
names of voters therein, in the forms respectively provided in
sections one hundred and fifty-four and one hundred and fifty-
five of this chapter, at least four of such books for each board of
inspectors in the state, and such number of extra copies thereof
as in his judgment may be necessary for each county or city to
replace lost or damaged registers before delivery to the inspectors.
106 The Election Law
«
Such registei* of voters shall have the leaves thereof indexed with
the letters of the alphabet, beginning with the letter '^A'' for the
first leaf, and so on. At least twenty days prior to the first day
of registration for a general election in each year, the secretary
of state shall transmit a sufficient number of such registers, cer-
tificates and instructions to the board of elections of each county,
and to the board of elections of the city of New York located in
the borough of Manhattan, and to the chief clerk of the branch
office of the board of elections in each other borough within the
city of Xew York, for the use of each board of inspectors within
such counties and boroughs, respectively. The board of elections
of each county, outside the city of Xew York, shall deliver such
l)ooks to the town clerks of each town and to the city clerk of
each city in the county, by mail or otherwise, at least five days
prior to the first day of registration, and such town clerks and
citv clerks, and the said board of elections and chief clerks of
branch offices of the board of elections in the citv of Xew York,
shall deliver such books to the inspectors of said towns, cities and
boroughs, respectively, before the hour set for registering the
names of voters on the first day of registration. On each day
of registration the board of elections of the city of New York
and of each county shall furnish to each board of inspectors in
each such county or city, respectively, the blanks for the list of
voters provided for in section one hundred and fifty-seven of thig
article. Such blanks shall be distributed in time and manner as
al>ove provided for the distribution for registers. [As amended
by chap. 537, Laius of 1916.]
§ 182-a. Special instructions to voters to be pre-
pared for the year nineteen hundred and fourteen.
The secretary of state shall prepare and cause to be printed and
furnished to the various boards of elections, in time and manner as
provided in section one hundred and eighty-two for other supplies,
printed instructions to voters, in brief and concise form, explain-
ing the difference between the form of ballot used at former gen-
eral elections and the form of ballot provided for in section three
hundred and thirty-one of this chapter as amended by chapter
eight hundred and twenty-one of the laws of nineteen hundred and
thirteen, and explaining the requirements of marking the latter
ballot so that the voter may effectually vote for the candidates for
all offices to be filled. The instructions provided for in this sec-
tion shall only be prepared and supplied prior to th© first day erf
registration in the year nineteen hundred and fourteen. The
ReOTST RATION OF VoTERS 107
various boards of elections shall supply the election officers in each
election district within the jurisdiction of any such board where
personal registration is required, before the opening of registra-
tion cm the first day of registration, with a suiScient number of
copies of such printed instructions to supply each voter with one
copy. The delivery of such instructions shall be made through
town and city clerks and otherwise as provided in section one hun-
dred and eighty-two for the delivery* of other supplies. [As added
by chap. 243, Laws of 1914.]
§ 183» I>eliYeP7 of pveviovis TegXmtevm and poll books
to inspectors. Each towTi clerk with whom the register of the
last preceding g«ieral election in any election district, elsewhere
than in a city or wholly within a village having five thousand
inhabitants or more, shall have been filed, shall cause such regis*
ter and one of the poll books to be delivered to the board of in-
spectors of such district at the opening of its first meeting for the
registration for any election.
If a new election district shall have been formed in a town
anoe enich general election, the clerk of such town shall, before the
first meeting for registration thereafter in such new election dis-
trict, make a certified copy of each roister for such general
election of each election district ont of which such new district
shall have been formed, and shall cause such certified copy to be
deliTered to the board of inspectors of such now election district
at the opening of snch meeting for registration. SiTch boards at
snch meeting, shall place upon the register of voters all persons
wliofle names are npon such copies who are qualified to vote in
snch election district at the election for which such meeting is
held^ csEcept the names of persona who are required to personally
appear for registration*
If a new ekction district shall have been formed in a city nnce.
such general election, the clerk or board with whom the register
of voters for snch last preceding general election shall
have been filed shall, before the meeting of the inspectors of
election of such new district for registration for any other
election, make a certified copy of each register of voters
for such last preceding general election of each election district
oot of which flueb new election distrirt is formed, and the in-
spectors of such new election disfrict shall, at such meeting for
registratioo for rack election, place npon the register of
voters the names of all persons upon such copies who are qualified
108 The ExjcCtion Law
to vote in Buch election distriet. at the eles9tioiXi^<>r (^ic]^^)Bfaoh
meeting is held.
• X
§ 184. Penalties. Any applicant for registratiox^. inspector
or other person who shall incorporate or cause to be incorporated
any false statement in any challenge affidavit shall be deemed
guilty of perjury.
Except as provided in this article any person who shall wilfully
suppress^ alter, destroy or mutilate any signed challenge affidavit
or official copy thereof shall be deemed guilty of a felony.
Any person knowingly taking a f al^ oath before the board of
inspectors shall upon conviction thereof be punished as for wilful
and corrupt perjury.
Any person who shall alter, mutilate, destroy or remove from
the place of registration the public copy of 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.
Any person who signs and mails or delivers to the custodian of
primary records an enrollment blank as provided in this chapter,
which shall be false in any respect or with intent to mislead, or
any person who induces or attempts to induce any person so to
do, is guilty of a misdemeanor. The fact that such statement is
untrue shaU be prima facie proof that it is false and intended to
mislead.
Any person who shall make, sign, file or cause to be filed, certify
or attest any false application for registration as required by sec-
tions one hundred and fifty^ight and one hundred and fifty-nine
of this chapter, or any person who shall alter, mutilate, destroy
or remove any such application from the place of registration,
shall be guilty of a felony and shall be pimished upon conviction
thereof by imprisonment in a state prison for not less than two
years nor more than five years, unless otherwise provided by law.
lAs amended by chaps. 587 and 820, Laws of 1913.]
ARTICLE 7
^^ Board of Elections
Section 190. Boards of elections established.
191. Appointment, term and qualification of commis-
sioners of elections.
192, Organization of board; rules and reports.
—
n Title of article amended by chap. 649, Laws of 1911.
BoAkD of: 'EUSCTIOHIB 109
l^e^ott 'i93r-d^altt:ri«j»'of t^mmiBAiimerfii of «lee^^ ^
194. Hecommendations for appointment of commissions
era of elections.
'* Id^. Filling* vacancies in boai-d.
' l&d. Bi-partisan character of board.
197. 'Appointment of employees.
198. General office and branches.
199. Duty of police to aid board of elections.
200. Expenses of board of elections.
201. Disposition of registers and unused ballots.
202. ^Custodian of primary records.
203. » Official seal.
204. ^ Filing statement of canvass, tally sheets and poll*
books.
205. *^ Notices.
206. ^ Transfer of records ; devolution of powers.
207. " Office hours, rules and regulations of boards of
elections.
208. ^AU records to be public; records of transactions
of the boards of elections.
209-a. Article not applicable to Oneida and Broome coun-
ties ; powers and duties of county clerks in such
counties defined.
§ 190. i^Boards of elections established. There shall be
a board of elections in every city of the first class ip
this state which does, or shall, contain within its boundaries more
than one county, to consist of four persons. There shall be a board
of elections in each of the other counties of the state, but in coun-
ties having a population of lesvS than one hundred and twenty
thousand inhabitants such board shall consist of two persons. In
other counties of the state such board shall consist of two or four
members as the board of supennsors of the county may by resolu-
tion determine. In everv such other coimtv where four commis-
u Sections 202 to 208, inclusive, added by chap. 649, Laws of 1911.
H'Scction 4, chap. 40i5, Laws of 1912, also provides as follows: "In any
county in which the number of the commissioners constituting the board of
elections is reduced by the provisions of this act, the board of supervisors
shall, within thirty days after this act takes effect, designate the two mem-
bers of such board of opposite political faith who shall retire therefrom.
Upon the adoption of a resolution to that effect, the terms of office of such
retiring members shall cease and determine and the remaining members shall
thereafter constitute, until the expiration of their terms, the board of elec-
tions of such county."
110 The Election Law
sioners of election have been appointed and the number of said
commissioners is reduced to two, the board of supervisors shall
within sixty days after this amendment takes effect reduce the
nimiber of commissioners to two by designating the two who are
to continue; and from the time of such designation the offices of
the others shall be deemed abolished. Except in the city of New
York the salaries of such commissioners and their expenditures
for clerk hire shall be fixed by the board of supendsors of each
county, but shall not exceed tho following amounts: In each county
having a population of less than ninety thousand and which does
not contain within its boundaries at least three cities of the third
class the salary of a commissioner shall not exceed one thousand
dollars, and the expenditure for clerk hire, including stenographer,
each year, shall not exceed fifteen hundred dollars. In each county
having a population of less than ninety thousand and containing
within its boundaries at least three cities of the third class and
in each county having a population of ninety thousand .and less
than one hundred and twenty thousand the salary of a commis-
sioner shall not exceed fifteen hundred dollars, and the expendi-
ture for clerk hire, including stenographer, each year, shall not
exceed three thousand dollars each year. In each county having
a population of one hundred and twenty thousand and less than
five hundred thousand tho salary of a commissioner shall not ex-
ceed three thousand dollars, and the expenditure for clerk hire,
including stenographer each year, shall not exceed five thousand
dollars. In each county having a population of five hundred
thousand and less than a million the salary of a commissioner shall
not exceed three thousand dollars. The population of the various
counties of the state referred to in this section shall be fixed and
determined according to the latest preceding federal census, or
state enumeration. Isot more than two of such commissioners, if
the board of elections consist of four members, and not more than
one of such commissioners if said board consists of two noiembers^
shall belong to the same political party or be of the sanoie political
opinion on state or national politics. The persons composing such
boards of elections shall be designated *" commissioners of dec-
tions.'^ Each of the said boards of elections shall be and is hereby
charged with the duty of executing the laws relating to all elec-
tions held within their respective cities oar counties, except afl
otherwise provided by law. [.4 5 amended by chaps. 649 and 740,
Laws of 1911, chap. 406, Laws of 1912, chaps. 800 and 820, Laws
of 1913.]
Board of Elections 111
§ 191. Appointmenty term and i^iuilifloationa of
eoaunisnioners p£ elections* All commissioners of elections
shall be appointed by the board of supervisors of the county in
which, such board of elections is located and in the city of ^ew
York by the board of aldermen of such city. The supennsors of
each county and the members of the board of aldermen of the
city of New York shall appoint the commissioners of elections for
their respective counties and the city of Xew York. Such ap
pointment shall be evidenced by the supervisors of each county or
the board of aldermen of the city of Xew York making such ap
pointments, executing a certificate substantially as follows:
" We, the undersigned, comprising the supervisors of
county (the members of the board of aldermen of the city of Xew
York) do hereby, pursuant to the election law, appoint ,
residing at , a commissioner of elections for said county.
" In witness whereof we have hereunto subscribed our namei
and the towns or wards (aldermanic districts) we represent, thif
day of , 19 "
and shall acknowledge said certificate. Said certificate shall there-
upon be filed in the ofiice of the county clerk of said coimty and
said coTinty clerk shall inamediately upon such filing notify the
secretary of state of such appointments. All such appointment*
shall be for the full term of two years, beginning at twelve o'clock
noon of January first in each odd numbered year.
Each of the said commissioners of elections shall be at the time
of his appointment a resident and an elector of the political sub-
division for which ho is appointed. A commissioner of elec-
tions may, while holding such office, hold one of the following
offices: Notary public, commissioner of deeds, police justice of
a village, trustee or officer of a common or imion school district
outside of a city, justice of the peace of a town, and any other office
filled by election or appointment within or for a town or village, or
district or subdivision of either, except supen'isor, town clerk, in-
spector of election, poll clerk or ballot clerk. Such commissioner
shall not hold, while he is commissioner, any other office, except
as above provided ; nor shall he be a candidate, while he is commis-
sioner, for any elective office which he would not be entitled to hold
under the provisions of this section, nor after he has ceased, by
resignation or otherwise, to bo commissioner, if the election shall
occur within fifty days therefrom, and any votes cast for any per-
son for any such office who shall have been a commissioner of elec-
tions within fifty days of the election at which such votes were cast
112 The Elbotion Law
shall be void and shall not be counted, except that such coinmis-
flioner may be a candidate for the office of supervisor or town clerk
while he is commissioner, and at any time thereafter, subject to the
ensuing provisions of this section. Any votes cast for a person for
either of such offices who shall have beefi a commissioner of elec-
tions, and who shall have resigned from or otherwise' ceased io hold
the office of commissioner at least fifteen days before the election
at which such votes were cast shall be valid and shall be coxmted.
A commissioner 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
supervisors of such county or in the city of New York by the
members of the board of aldermen within five days after the filing
of the certificate provided for in section one hundred and ninety-
five of this act, and the person appointed to fill such vacancy shall
hold office during the remainder of the term of the commissioner
in whose place he was appointed. [As amended hy chap, 649,
Laws of 1911, and chap, 820, Laws of 1913.]
§ 192. Organization of board; rules and reports.
At their first meeting the commissioners of elections shall organize
as a board by electing one of their number as president and one aa
secretary, and in case no election can be had the members shall
draw lots for such places. The board shall have power to adopt
such rules and regulations for the control and conduct of the
affairs of such board and of its employees as are not inconsistent
with or in violation of law. The board shall keep a record of its
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 of New York or to the board of supervisors of ft
county. The president and secretary shall not belong to the same
political party. [As amended hy chap, 649, Laws of 1911,]
§ 193. ^^ Salaries of commissioners of elections. The
salary of each commissioner of elections in the city of New York
shall be five thousand dollars a year, payable in equal monthly
instalments. The salaries of all other commissioners of elections
shall be fixed by the board of supervisors appointing said com-
missioners and may be changed from time to time by resolution of
the said board of supervisors, but shall not exceed the amounts
14 See note at foot of page 109, relative to § 4, chap. 406, Laws of 1912.
Board of Elections 118
specified in sectioii' one hundred and ninety. [As amended hy
chap. 649, Laws of 1911, chap. 406, Laws of 1912, and chap. 800,
Lam of 1913.]
§ 194, Recommendations for appointment of com*
missioners of elections: Within ten days after this act
takes eifect and at least five days before the first day of January
in each odd numbered year, the respective chairmen of the county
committees within the counties of New York and Kings and the
respective chairmen of the county committees of all the other
counties in the state excepting the counties of Bronx, Queens and
Richmond of each of the two political parties which at the general
election last preceding the date of such certificate cast the highest
and the next highest number of votes for governor, shall each
respectively make and file or cause to be filed in the case of the
counties of New York and Kings with the board of aldermen of
the city of New York, and in the case of each of the other counties
with Ae board of supervisors of such county a certificate in sub-
stantially the following form, each of which certificates shall cer-
tify the name of a person who is a resident and qualified voter in
the case of the coimties of New York and Kings of the city of New
York, or in the case of the other counties a resident of such county,
and who is recommended as a fit and proper person to be appointed
a commissioner of elections : "I, , chair-
man of the county committee of the party, for the
county of , do hereby, in accordance with the
provisions of section one hundred and ninety-four of the election
law, certify that in the opinion of a majority of the said com-
mittee, pursuant to resolution duly adopted, ,
a resident and qualified elector of the borough of ,
city of New York, or of the county of , is a fit
and proper person to be appointed a commissioner of elections,
and I do hereby recomtoend him for appointment 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. \_As amended by chap, 649, Laws of 1911, and chap. 820,
Laws of 1913.]
§ 105. Filling vacancies in board. If at any time a
vacancy arises in the office of the commissioner of elections.
114 The Election Law
•
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, and if such
vacancy arise in the office of commissioner of elections for Xcav
York city and if the commissioner creating such vacancy was a
resident of the borough of Manhattan or of the borough of the
Bronx of said city the chairman of the county committee of Xew
York county of the political party to which the commissioner
creating such vacancy belonged and if the commissioner creating
such vacancy was a resident of any other borough of said citv, the
chairman of the county committee of Kings county of the political
party to which the commissioner creating such vacancy belonged,
shall make and file or causo to be filed with the board of super-
visors of the county in which such vacancy arises or if such
vacancy arise in the board of elections of Xew York city, then with
the board of aldermen, 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 voter of such county or city wherein such vacancy arises, as a
fit and proper person to be appointed a commissioner of elections
for the unexpired term of the commissioner creating such vacancy.
[As amended by chap. 649, Ijaws of 1911.]
§ 196. Bi-partisan character of board. Each and every
certificate filed with the board of supervisors or the board of alder-
men in pursuance of the provisions of this article, shall be kept
by the board with which the same is filed in some safe and secure
place in the office of the clerk of said board, and shall be a public
record open at all reasonable fiours to the inspection of any person
who nfiay desire to see the same, it being the intention of this
article, and said intention is hereby declared, to secure in the ap-
pointment of the members of the board of elections established by
this article, and the employees thereof, equal representation of the
two political parties which at the general -election next preceding
such appointment cast the highest and the next highest number of
votes for governor, and of which the committees and chairman of
committees have been duly elected as such under and in pursuance
of the provisions of article three of this chapter relating to primary
elections. [As amended dy chap. 649, Laws of 1011, and chap.
820, Laws of 1913.]
Board of Elections 115
§ 197. ^^Appoi&tm^nt of employees. Every board of
dectioBs «hall have power to fix the number, salaries, duties and
rank of its chief elerks, clerks, assistant clerks and stenographers
snd to appoint and remore at pleasnre and to fix the saiaries of all
employees of said board, but not in excess of the amonnts specified
in section one hundred and ninety ; except that in a connty having
a population of less than ninety thousand the board may have one
clerk only and his salary shall not exceed nine himdred dollars
per annum, nor shall the aggregate expenditure for such clerk hire
and for stenc^apher exceed the amount specified in section one
hundred and ninety. [As amended hy chap, 649, Laws of 1911,
ckp. 406, Law8 of 1912, avid chaps. 800 aifid 8^0, Laws of 1913.]
§ 198. Geseifal office and braiLches. The board of
elections in the city of New York shall have power to provide and
maintain an ofBce 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 abo
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
competent person. Said board of elections shall have full and
complete control of the said branch offices of the board of elec-
tions and of all the offices, employees, affairs and administration
of said branch offices.
In each county the board of supervisors or other body or official
charged with the duty of providing public offices shall provide the
said board of elections for said county with proper and suitable
ofiices. The expenses for said offices shall be a part of the expenses
of said board of elections. [As amended hy chap. 649, Laws 1911.3
§ 199.. Duty of police io aid board of elections. It
shall be the duty of the commissioner of police and the officers and
members of the police force, whenever called upon by the board of
eiections, to render to said board all practicable assistance in the
enforeeioent of this chapter, including the use of the police tele-
phone service. The commissioner of police shall detail to the serv-
ice of the board of elections upon its written request such patrol-
men and other members of the police force as may be necessary
from time to time for the faithfnl performance by said board of
15 See note at foot of page 109, relative to | 4, chap. 406, Laws of 1912.
Il6 The Execttot^'Law'
itB functions and duties. All copies of pdiioeTe|»avts-t6'coiiimaaid'*
ing officers of precincts linder sectio^ bn^'.l^viidrdd' And 'fifty-*
sef en of this chaptw, . shall be forthwith ^tranwnitJyAj)y ^9. pre-
qinct commander to the board of elections. All , statements of
canvass delivered to any oflScer in con;unand of a precinct nnder
section three hundred and seventy-ljwo of this chapter shall be
forthwith transmitted 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.
^\. § 200. Expenses of board of eleetiojui. All sums
necessary to pay the expenses of the board of elections of the citv
of New York, including the salaries of the commissioners of elec-
tions, chief clerks, clerks, assistant clerks and other employees,
and to meet and defray the charges and expenses of all elections
lawfully held in the city of New York or in any territory included
therein, shall be a charge against the said city, and shall upon
proper certificates and vouchers be paid in the same manner as
other expenses and charges against the said city are by law pro-
vided to be paid. Said charges and expenses, as estimated, shall
be included in the annual bud<?et of said citv each vear and in the
yearly taxes levied upon the estates, real and personal, in the city
of New York.
The board of elections in each county, excepting those counties
comprising the city of New York, shall on or before the fifteenth
day of December in each year certify to the clerk of the board of
supervisors creating said board of elections the total amount of
the expenses of said board of elections, including salaries, for the
preceding year, and, if the board of supervisors of any county
shall so direct, shall certify to said clerk the portions of said
expenses which under provisions of law are to be borne by any
city or cities in said county and the portion thereof which is to
be borne by the rest of said county, and the said clerk of the board
of supervisors shall thereupon notify the proper local oflScial or
officials, who, in spreading upon the assessment-rolls the taxes to
be levied upon the taxable property in the city, or any of the said
cities, and in the rest of the county, shall include in the amount
so spread the amounts certified by the said board of elections to be
borne by the said city or cities, respectively, and in the amount
spread upon the assessment-rolls of the taxable property in the
several towns or other political subdivisions of the rest of the
county the amount so certified by said board of elections to be
BpaAD of . ElJSC T2QXS l)t
bbnse^. % j tdie -. bbUl' te>w3ats or political subdiTisions respectively*
[At nmemded Sy. ^hap.^ 64^, Laws of 1911.}
t ^l; Uiiqposiiian of registers and uniued balloi£
The board of elections of the city of New York is Hereby
authorized and directed, riot less than two years after each elec^
tion, to sell or destroy all registers of voters in the pos^
session of such board; provided, that one copy of such regis-
ter of voters for each election district shall be excepted and
presvrved by soeh. board from sach sale or destruction. The board
of elections is also authorized to sell to the highest bidder the un-
used ballots furnished for the Iftst preceding election, but such
cnused ballots shall not be sold until at least six months after the
election for which they were provided. All moneys realized by
sales under this section shall be paid over to the proper fiscal
officer of the city of New York to the credit of the account of the
board of elections.
§ 202. Custodian of primary records. The board of
elections shall be the custodian of primary records for each politi-
cal subdivision for which such board is appointed. The board of
elections for New York city shall also be the custodian of primary
records for the several counties in said city. [Added hy chap.
649, Laws of 1911.]
§ 203. Official seaL Each board of elections is hereby
authorized to adopt an official seal which shall be provided at the
expense of the city or county for which said board of elections is
appointed, and shall cause a description of said seal with impres-
sions from it to be filed in the office of the county clerk of said
county and of the secretary of state. Such description of the
official seal of the board of elections of New York city shall be
filed in the office of the county clerk of each county in said city.
[Added by chap. 649, Laws of 1911.]
§ 204« Filing statement of canvass, tally sheets and
poll-books. All statements of canvass, tally sheets and poll-
books, void and protested ballots, and any and aU other packages
and documents required by law to be filed by the inspectors,
except certified copies of statements of canvass, ballot lists and
tally sheets which are required by law to be filed with the county
clerk shall be filed with the board of elections of said county. or,
in the city of New York, with the board of elections of said city.
In the city of New York the said statements, documents and
118 The Electiox Law
packages shall be filed in the branch office in each borough.
[Added by chap. 649^ Laws of 1911.]
§ 205. Notices. All notices of elections to which this chapter
applies which are required by law to be published, advertised or
posted in any county or any political subdivision thereof or therein
shall be published, advertised or posted by the custodian of pri-
mary records of said county or of the city of New York. [^Added
ly chap. 649, Laws of 1911.]
§ 206. Transfer and custody of records; devolntioii
and contlnnance of poiirers. All books, documents, paper-*,
records and election appliances or appurtenances now or heretofore
held or used by or undor the control of any officer or officei*8 of
inr eountv or of anr political subdivision thereof or therein,
relating to or used in the conduct of general, Pi)ecial or primary'
elections, shall be transferred to or continue in the care, custody
and control of the board of elections; and the said board of elec-
tions in any such county shall continue to be charged with the
dutj' of performing each, every and all of the duties of the county
clerk or commissioner of elections of said county, relating U
elections heretofore devolved upon such board by the former pro-
visions of this section, except as otherwise provided in this ehai>-
ter. In the city of Xew York the board of elections shall continue
to exercise the same jx>wer8 and duties now exercised by it.
excepting as othenvise provided in this chapter. All books, docu-
ments, papers, records and election appliances held or used bv
SUT commissioner or commissioners of election, in anv conntv
«> ' • •
whose powers and duties have been heretofore terminated shall
continue in the custody of the board of elections for such countv.
\Added hy chap. 649^ La^ws of 1911, and amended by chap. 537.
Laufs of 1916.]
§ 207. Office honrs, rules and regulations of boards
vf elections. The offices of each board of elections shall be
public and open during every business day of the year. The board
of elections in each county shall designate the hours when sai«}
offices shall open and close. Each board of elections may adopt it?
own rules and rcgnlations for the transaction of its business.
[Added by chap. 649/ Laws of 1911.]
§ 208. AH reeords to be public; records of
aetioBS of tlie boards of elections* A)] the records in the
BoABD OF Electioxs 119
office of the board of elections shall be public and open for inspeof-
tion by any citizen of the state of New York during the houra
when the said ofBee shall be open, and the said board of elections
shall provide ample and sufficient facilities for keeping said
records and making copies of the same. •
Each board of elections shall keep a record of its proceedings,
which shall be public and transcribed in a book or books within
twenty-four hours after the adjournment of said board. Minutes
of all meetings of the board of elections shall show how each com-
missioner of elections voted upon any resolution or motion pro-
posed at said meeting of the board. [Added by chap. 649, Laws
of 1911.]
§ 209-a. Article not applicable to Oneida and
Broome counties; poivers and dnties of county clerks
in sucli counties defined. After this section takes effect the
foregoing provisions of this article shall not apply to the oountiea
of Oneida and Broome, excepting section one hundred and ninety-
nine. For the purpose of applying such section, the county clerk
in each of such counties shall be deemed a lx)ard of elections.
In each of such counties, except as otherwise provided in this
jscction, the county clerk shall have therein the powers and duties
of a board of elections, as well as those of a county clerk, pre-
?^cribed by this chapter or other statute, and references to such
board shall be deemed to mean and include, with respe<*t to any
biich county, the county clerk thereof. All books, documents,
papers, records and election appliances or appurtenances held or.
iii^ed by or under the control of the board of elections in the
cdunty of Oneida or. county of Broome, pursuant to the provisions
of this chapter, shall, when this section takes effect, be transferred
to the care, custody and control of the respective county clerks
of such counties. Each such county clerk may adopt rules and
refn^lations, not inconsistent with the provisions of this chapter,
ioT conducting the business of his office in relation to carrying out
the provisions of this chapter. The official papers, records and
documents in the office of such countv clerk from time to time
relating to general, special or primary elections, or in his custody
under any provisions of this chapter, shall be public and open to
inspection by any citizen of the state during office hours. The
county clerk of each such county shall be the custodian of pri-
mary records of his county. Notwithstanding the provisions of
any otlier statute, either general or local, the board of supervisors
of Broome county may from time to time provide by resolution
120 The Election Law * ir * ./r-
- *
for the appointment by the county clerk of such county of addi-
tional assistants, at the expense of the county, in the office of
Euch clerk, and the board of supervisors of Oneida county may
in like manner provide for the appointment by the county clerk
of Oneida county of two additional deputies representing each
of the two political parties which at the last general election pre-
ceding such appointment cast the highest and the next highest
number of votes for governor and of additional assistants, when-
ever such board of either county, respectively, shall determine
that such deputies or assistants are necessarv" for the proper per-
formance of the additional duties devolved upon such clerk by
this section; but the aggregate compensation of such additional
assistant appointed on account of such additional powers and
duties in the county of Broome &hall not exceed one thousand
dollars annually, and of such deputies and assistants in the
county of Oneida shall not exceed three thousand two hundred
dollars annually, exclusive of necessary emergency employees,
[Added by chap, 454, Laws of 1916.]
^AUTICIiE 7-A.
CommiMioner of Eleotioiite In the Coianty of Monroe.
Section 210. Commissioner of elections for Monroe countv.
211. Appointment, qualifications and removal of com-
missioner.
212. Appointment, removal and examination of inspect-
ors of election, poll clerks and ballot clerks.
213. Office for commissioner.
214. Custodv of records.
216. Employees.
216. Notices.
217. Filing papers; general powers and duties of com-
missioner.
218. Purchase of supplies, including voting machines;
expenses of commissioner.
219. Apportionment of expenses.
220. Publication of notices.
221. Polling places, election districts, et cetera.
222. Voting machines.
223. Construction of article.
iNew article added by chapter 7, Laws of 1916.
§ 210. Comniissioner of elections for Monroe
county. The oflSce of commissioner of elections in the county o{
Monroe is hereby created, and all the rights, powers, authority,
duties and obligations immediately heretofore by law vested in
and imposed upon any officer or officers of the county of Monroe
or any political subdivision thereof or therein, excepting the
appointment, duties and obligations of inspectors of election, poll
clerks and ballot clerks, who shall be appointed as hereinafter
provided and serve as provided by law with respect to general or
special elections and official primaries in the county of Monroe or
in any political subdivision thereof or therein, except elections
held at a time other than the time of the general election, or of
village and school district officers, and special elections for town,
village and school district purposes held at such other time, shall,
by force of and as an effect of this article, be transferred to and
be continued in the commissioner of elections in the county of
ilonroe hereby created from and after the time of appointment
and qualification of the first commissioner hereunder.
■)
§ 211. Appointnicnty qualifications and renioval of
commissioner. Within five davg after this article takes effect
the county judge, special county judge and the surrogate of
Monroe county, or a majority of them, shall appoint a commis-
sioner, of elections who must be a resident voter of such county
and shall file in the office of the clerk of such county a certificate
of the appointment. Such commissioner of elections shall take
the constitutional oath of office and file the same in the county
clerk's office and shall hold office for a term of four vears; his
successor to be appointed in like manner. Such term of office,
except as otherwise provided in this section, shall begin on the
first day of May in every fourth year, beginning with the year
nineteen hundred and twentv. The term of the commissioner
first appointed hereunder shall begin on the day the aj)j)ointmciit
13 made and expire on May first, nineteen hundred and twenty.
In case of a vacancy in the office of commissioner of elections,
such county judge, special county judge and surrogate, or a
majority of them, shall appoint a resident voter of IMonroc
county to fill such vacancy and shall file a certificate of such
appointment in the office of the clerk of Monroe county. The
person so appointed shall take the constitutional oath of office
and serve the remainder of the term. The commissioner of elec-
tions appointed pursuant to this article shall be subject to removal
by the governor in like manner as sheriffs of counties. Upon
Jl^^j .A. Am..ait .A.^ ■ ««-<^.>
the appointment and qualification, pursuant to this section^ of
the first commissioner for such county, the board of elections
fterein Aall be deemed abolished; and the terms of office of its
inenil>ers shall then expire. The provisions of article seven of this
chapter shall not thereafter apply to the county of Monroe except
section one hundred and ninety-nine; and the commissioner pro-
vided for herein shall be deemed a board of elections for the pur-
pOBc of applying such section.
§ 212. Appointanent, removal and examination of
inspectors of election, poll clerks and ballot clerks.
Inspec*tors of election, poll clerks and ballot clerks in and for the
various election districts in the county of Monroe shall be
»■
appointed as follows: The chairmen of the county committees
of the two political parties which at the last preceding general
dection of a governor cast the highest number of votes for gov-
ernor shall each file with the commissioner of elections, on or
before the first day of April of each year, a list of persons who
are duly qualified to serve as inspectors of election, poll clerks
and ballot clerks. The commissioner of elections shall thereafter
examine each person whose name appears on such lists as to their
qualifications for such offices. Such commissioners shall give each
person whose name appears on such lists not less than three days'
notice of such examination. Such notice must be either written
or printed and state the date, time and place such examination is
to be held and must be sent either by mail or special messenger.
Any person receiving the notice shall appear before such com-
missioner of elections at the place fixed for such examination at
the time stated in the notice, and the said commissioner of elec-
tions shall examine such person as to his qualifications for the
office of inspector of election, poll clerk or ballot clerk, as the case
mav be. Such examination mav be either written or oral or both,
and if the person so examined is found by the commissioner to
be qualified and is, in the judgment of the commissioner a fit
and proper person for such office, the commissioner or some per-
son designated by him shall administer the constitutional oath
of office and issue to him a certificate of appointment and he shall
serve until his successor is appointed ; but if such person is found
disqualified or is, in the judgment of the commissioner, not a fit
and proper person for such office, his name shall be stricken from
the list. A supplemental list of persons for election officers may
also be filed containing not more than ten names for each offica
Board of Elections 123
Additional supplemental li«t8 for any election district may be
filed at any time before the appointments for such district are
made, or when a vacancy shall exist for any cause, and all-
appointments shall be made from the original list if those named
therein are found disqualified as herein provided ; if not so quali-
fied, then from a supplemental list so filed. If no list is filed by
a party, and if within three days after notice in writing by the?
coinraissioner to the chairman of the countv committee of such
party, no list is filed, the commissioner of elections may appoint
qualified persons, members of the party in default, to act as elec-
tion ofticers, and the enrollment of such person shall be sufficient
evidence of the party affiliation of such person. If a qualified
person cannot be obtained for any election office from the list op
lists filed by a party, and if within three days after notice in writ-
ing by the commissioner of elections to the chairman of the county
committee of such party, an additional list is not filed containing
the name or names of one or more qualified persons, the commis-
siner of elections may fill such office by the appointment of a
qualified person, a member of the party in default. The commis-
sioner of elections shall from time to time, as he mav deem necea-
sary, hold a school for the instruction of in8])ectors of election
and poll clerks. Such school shall not be held at any hour earlier
than seven o'clock in the evening, and notice shall be given by the
commissioner to each inspector of election and poll clerk stating
the time and place such school will be held. Tlio notice shall be
l»y mail and either written or printed. If any inspector of elec-
tion or poll clerk shall fail to attend such school after receiving
notice thereof, the commissioner may remove him from office and
fill the vacancy in the manner provided for in this article. Each
election officer shall be paid one dollar for the time spent in
attending a school of instruction, and the election officers of the
towns of Monroe county, if such school be held at any place out-
side the town in which they respectively reside, shall be paid in
addition the car fare going and returning from the school. The
money due an election officer for attending a school of instruction
shall be paid at the same time and in the same manner as the pay
for his other services. The commissioner of elections shall have
the power on any day of election, registration or primary elec-^
tion to remove from office forthwith any inspector of election, poll
clerk or ballot clerk for intoxication or failure to perform his
duty in a satisfactory manner and to make a temporary appoint-
ment to fill the vacancv caused bv such removal.
124 The Election Law*
'I § 213. OAoe for oonmissioner. - It shall be the dulTy of
ilie board of supervisors of Monroe county to provide* an' office for
^eh commissioner of elections suitable fo7 the preservation of
the records of said office and for the doing of the work devolved
ul^on such commissioner under and by reason of tins article and
the necessary furniture thereof. The expense of providing and
furnishing such office shall be a county charge and be audited and
paid as other county expenses are paid.
§ 214. Custody of records. All books, documents, papers,
records and election appliances or appurtenances held or used by
or under the control of any officer or officers of Monroe county or
of. any political subdivision thereof or therein and relating to or
used in the conduct of general or special elections or official pri-
maries, including voting machines used and owned by any
political subdivision of Monroe county shall, upon request of the
commissioner of elections be transferred to the care, custody and
eontrol of such commissioner.
§ 215. Employees. The commissioner of elections may
appoint such employees as the board of supervisors of ^louroe
qounty shall by resolution from time to time authorize, and such
employees shall receive such salaries and compensation as such
board shall by resolution fix and determine. Each employee shall
perform such duties as the commissioner of elections shall pre-
scribe and shall hold office at the pleasure of such commissioner.
The salary of the commissioner of elections of Monroe county
shall be three thousand dollars per annum. Such salaries and
compensation shall be paid in the same manner as the salaries of
the county officers are paid.
§ 216. Notices. All notices which are now or which here-
after may be required by law to be given by the secretary of
state or any other officer to any officer of Monroe county or of any
political subdivision thereof or therein relating to the holding of
any elocution or official primary, and stating the officers to be
elected or nominated or party ])ositions to be filled thereat, or the
questions to be voted upon l)y the people from and after the
appointment and qualification of the first commissioner hereunder
shall be communicated by the secretary of state or other officer to
the commissioner of elections of Monroe county.
§ 217. Filing papers ; general -poxKrerm and duties af
commissioner. AH certificates of nomination for offiee to be
BOABD OF Ex.£CTIONS 12^
Toted fop by -the tsleotoraof Monroe? oountj or any political saib-
diyisioa tkei^f <>r. therein at any election to which this article
applies-, all declinatiooid of nominations for office, all certificates
of nomination to fill vacancies caused by such declinations or by
death, all designations, all declinations of designations, all cer-r
tificates of designations to fill vacancies caused by such declina-;
tions, all statements of candidates' expenses, expenses of electipq
or nomination, and all rules and regulations of political parties
otherwise required by law to be filed with any officer of Monroe
county or any political subdivision thereof or therein, dhall be
filed in the office of the commissioner of elections hereby estab-
lished, and such commissioner shall be the custodian of primary
records for Monroe county and secretary of the county board of
canvassers. The office of the commissioner shall be public and
open on every business day of the year, during such reasonable
hours as the commissioner shall designate. The commissionei:
may adopt rules and regulations for the conduct of his office, not
inconsistent with this chapter. The official papers, records and
documents of his office shall be public and open to inspection by
any citizen of the state during office hours. Except as otherwise
provided in this article, such commissioner shall have the powers
and duties of a board of elections prescribed by this chapter or
other statute and references to such board shall be deemed to mean
and include such commissioner.
§ 218. Purchase of supplies, includins Totlng ma*
cUnes; expenses of comiiLissioner. When the common
council of any city, the town board of any town or the board of
trustees of any village in the county of Monroe shall have
adopted voting machines, the commissioner of elections shall
direct the purchase of the number of machines authorized by such
local authorities, and may thereafter, when authorized by such
local authorities, direct the purchase of new or additional
machines for such city, town or village. The commissioner may
direct the purchase of any kind of voting max^hiiies approved by
the state board of voting machine commissioners or the use of
which has been specifically adopted by law. All supplies or elec-
tion appliances to be used or furnished by the commissioner of
elections for election purposes shall be purchased by the pur-
chasing agent of Monroe county as other county supplies are
purchased. The commissioner is hereby authorized to cause all
necessary repairs and alterations to be made and employ such
help as may be necessary in making such repairs and in moving,
126 TnE Election Law
setting up and caring for all election materials aud appliances.
^11 expenses for supplies, advertising, posting and circulation of
election notices and printing lists of registered voters and other
expenses arising from the conduct of elections in Monroe county
OP in any political subdivision thereof or therein, incurred by or
tinder 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 or ]X)litical
Bubdivision thereof or therein, as specified in this chapter and
shall be certified by the commissioner of elections and audited
and paid as are other claims against such county; provided, how-
ever, that any cit.y, town or village may, upon request of the local
authorities, assume the payment of the cost of purchasing voting
machines and shall have the power to issue bonds, certificates of
indebtedness or other obligations which shall be a charge on the
city, town or village, payable at such time or times as such authori-
ties may determine, issued with or without interest and not issued
OP sold at less than par.
§ 219. Apportionment of expenses* Such coniniis-
sioner of elections shall, on or before the first day of October iv
each year, certify to the clerk of the board of supervisors of
Monroe county the total amount of the expenses of his office,
including salaries for the preceding year, and shall certify to such
clerk the portion of such expenses which under the provisions of
law is to be borne by the county at large and. the portions thereof
which are to be borne by each political subdivision thereof or
therein, and the clerk of such board in spreading taxes levied
upon taxable property of such county or any political subdivision
thereof or therein shall include in the amount spread ujxyn the
county at large and the political subdivision thereof or therein
the amount so certified bv the commissioner to be borne by the
county at large or the political subdivision respectively.
§ 220. Publication of notices. All publications, adver-
tising or posting of election notices required by law relating \)
general and special elections or official primaries to which this
article applies and all notices of such elections or primaries as
are required by law to be published, advertised or posted shall l>e
published, advertised or posted by the commissioner of election;^.
§ 221. Polling places, election districts, et cetera.
It shall be the duty of the commissioner of elections at least thirty
Board of Electioxs 127
days before each primary day to fix the polling places for each
primary district in Monroe county and on or before the first
Tuesday in September in eaeh year to fix the polling places for
rfiristration and election in each election district in Monroe
fininty. It shall be the duty of the commissioner to create, alter
or divide the various political subdivisions of Monroe county
into election districts as provided for in sections two hundred and
ninety-six and four hundred and nineteen of this chapter-
Whenever the commissioner shall have created, altered or divided
the election district in any political subdivision of Monroe
county he shall execute a certificate giving the boundaries of the
new dii^tricts and file it in his office and make and file a copy
thereof in the office of the citv or town clerk, as the case mav be,
and also publish a description of such boundaries once in the
['jipc^r desiipiated to publish election notices.
§ 222. Voting machines. It shall be the duty of the
coiuInis^ione^ of elections to cause the proper ballot labels to be
])hrvd on voting machines, and to cause the machines to be placed
in proper order for voting and to examine all voting machines
liefore they are sent out to the different polling places, and B(»3
that all the registering counters are set at zero (000), and lock all
voting machines so that the counting machinery cannot be oper-
ated, and seal each one with a numbered metal seal. The coni-
niissioner of elections may appoint a custodian of voting machines
who shall, under the direction of the commissioner of elections,
have charge of and represent the commissioner of elections during
the preparation of the voting machines and serve at the pleasure
of the commissioner, but not to exceed forty days for any one
election. Before preparing a voting machine for an election writ-
ten notice shall be mailed to the chairmen of the countv com-
mittees of the two political parties which polled the greatest num-
ber of votes at the last preceding election of a governor, stating
the time and place where the machines will be prepared; at which
time and place one representative of each of such political parties,
certified by the respective chairmen of the county committees of
such parties, shall be entitled to be present and see that the ma-
chines are properly prepared and placed in proper condition for
use at election. The custodian of voting machines and the party
representatives shall take the constitutional oath of office and
shall be paid five dollars for each day so employed, which shall
be paid in the same manner as the salaries of county officers are
paid. It shall be the duty of such representatives to be present at
128 The Election Law
the preparation of voting machines for election and to see that
the machines are properly prepared and that all the registering
counters are set at zero (000). When a machine has been prepared
for election it shall be the duty of such representatives to make a
certificate in writing, which shall be filed in the ofiice of the com-
missioner of elections, stating the number of the machine, whether
or not all of the counters are set at zero (000), the number regis-
tered on the protective counter, if one is provided, and the num-
ber on the metal seal with which the machine is sealed. Such
representatives shall perform their duties under the direction of
the commissioner. It shall be the dutv of the commissioner to
ft
cause the voting machines to be delivered at the respective polling
places in which they are to be used at least one hour before the
time set for the opening of the polls.
§ 223. Constmction of article. Nothing in this article
shall be construed to affect or limit the powers of the board of
supervisors of Monroe county or the town board of any towTi, or
the village trustees of any village, in such county, as boards of
canvassers for the county, towns and villages respectively. Xor
shall this article apply to elections held in cities, towns or vil-
lages where elections are held at a time other than at the time of
general elections. Where the provisions of this article are incon-
sistent with other provisions of this chapter or other statutes, the
provisions of this article shall be controlling.
^ARTICLE 8
Times, Places, Notices, Officers and Expenses
of Elections
Section 290. Date of general election.
291. Time of opening and closing polls.
292. Filling vacancies in elective offices.
293. Notices of elections.
294. Notice of submission of proposed constitutional
amendments or other propositions or questions.
295. Publication of concurrent resolutions, proposing con-
stitutional amendments and other propositions.
296. Creation, division and alteration of election dis-
tricts.
' As renumbered by chap. 800, Laws of 1913.
Times, Places; Notices-, Etc., of Elections 129
Section 297. Abolition, consolidation or changing of election dis-
tricts in towns.
298. Maps and certificates of boundaries of election dis*
tricts.
299. Designation of places for registry and voting.
300. Equipment of polling places.
300-a. ^•Display of American flag.
301. Publication of list of registration and polling places.
302. Election oificers; designation, number and qualifi.-
cations.
303. Appointment of election oflicers in cities.
304. Authentication of party lists.
305. Examination as to qualifications.
306. Party election in the citv of New York.
307. Oath of office; certificate of appointment.
308. Removals; vacancies; transfers.
309. Certificates of service; exemption from jury duty;
pajTnent.
310. Special penalties.
311. Appointmrnt of inspectors of election in towns.
312. Appointment of poll clerks and ballot clerks in
towns.
313. Supplying vacancies and absences.
314. Organization of boards of inspectors.
315. Preservation of order by inspectors.
316. Ballot boxes.
317. Voting booths and guard-rails.
318. Apportionment of election expenses.
319. Fees of election officers and others.
320. Deliverv of election laws to clerks, boards and
election oflicers.
§ 290. Date of general election. A general election
shall be held annually on the Tuesday next succeeding the first
Monday in November.
§ 201. Time of opening and closing polls. The polls of
every general election, and, unless otherwise provided by law, of
i«Xew section added by chap. 7S3, Laws of 11)13.
0
L
130 The Electiox Law
every other election shall be opened at six o'clock in the forenoon
and shall close at five o'clock in the afternoon. There shall be no
adjournment or intermission nntil the polls are closed. Electors
entitled to vote v^ho are in the polling place at or before five
o'clock in the afternoon shall be allowed to vote. [^As amended hy
chap. 649, Laws of 1911, and chap. 820, Laws of 1913.]
§ 292. Filling vacancies in elective o£ELces. A vacancy
occurring before October fifteenth of any year in any office author-
,ized to be filled at a general election, shall be filled at the general
election held next thereafter, unless otherwise provided by the con-
stitution, or unless previously filled at a special election. Upon the
.failure to elect to any office, except that of governor or lieutenant-
jgovernor, at a general or special election, at which such office is
authorized to be filled, or upon the death or disqualification of a
person elected to office before the commencement of his official
term, or upon the occurrence of a vacancy in any elective office
which can not be filled by appointment for a period extending to
or beyond the next general election at which a person may be
elected thereto, the governor may in his discretion make procla-
mation of a special election to fill such office, specifying the dis-
trict or county in which the election is to be held, and the day
thereof, which shall be not less than thirty nor more than forty
days from the date of the proclamation.
A special election shall not be held to fill a vacancy in the office
'of a representative in congress unless such vacancy occurs on or
before the first day of July of the last year of the term of office,
or unless it occurs thereafter and a special session of congress is
called to meet before the next general election, or be called after
'October fourteenth of such year ; nor to fill a vacancy in the office
of state senator, unless the vacancy occurs before the first day of
April of the last year of the term of office ; nor to fill a vacancy in
the office of a member of assembly, unless occurring before the
first day of April in any year, unless the vacancy occurs in either
such office of senator or member of assembly after such first day
of April and a special session of the legislature be called to meet
between such first day of April and the next general election or
be called after October fourteenth in such year. If a special elec-
tion to fill an office shall not be held as required by law, the office
shall be filled at the next general election. [^As amended hy chap,
891, LaM;5 0/1911.]
Times, Places, ^sTotices, Etc., of Elections 131
§ 203. Notiees of elections. The secretary of state shall,
at least two months before each general election, make and trans-
mit to the custodian of primary records a notice under his
hand and official seal, stating the day upon which such electio];i
shall be held, and stating each officer, except city, village and
town officers, who may be lawfully voted for at such election by
the electors of 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 govemor^s proclamation ordering a special election, make and
transmit to the custodian of primary records, a like notice of the
officers to be voted for at such special election in such county olr
city or any part thereof, and cause such proclamation to be pub-
lished in the newspapers published in such county having large
circulation therein, at least once a week until such election shall
be held.
Each custodian of primary records shall forthwith, upon tha
receipt of either such notice, file and record the same in his
office, and shall cause a copy of such notice to be" published once
in each week, if it relates to a special election, imtil the election
therein specified, and otherwise twice in each of the two months
preceding the election, in the newspapers designated to publish
election notices. They shall also publish, as a part of such notice,
a list of all city, village and town officers who may lawfully 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 two months before each general election, make and
transmit to the custodian of primary records a notice under their
respective hands and official seals, stating each city, village or
town officer to be voted for at such election. They shall not pub-
lish, as a part of such notice, the text of proposed constitutional
amendments or other propositions or questions included in the
notice of the general election received from the secretary of state
Tmder this section nor the abstract of such proposed amendment,
proposition or question, included in such notice by the secretary
of state. [As amended by chap. 649, Laws of 1911, and chap. 820,
Laws of 1913.]
§ 204. Notice of snbn&issioii of proposed eonstitii-
tional amendments or other propositions or qnes«
tions. Every amendment to the constitution proposed by the
legislature, unless otherwise provided by law, shall be siibmittrd
J
132 The Election Law
to the people for approval at the next general election, after
action by the lesrislature in accordance with the constitution; and
whenever any such proposed amendment to the constitution or
other proposition, or question provided by law to be submitted
to a popular vote, shall be submitted to the people for their ap-
proval, the secretary of state shall include in his notice of the
general election, a copy of the text of such amendment, proposition
or question, setting out all new matter in italics and inclosing in
brackets all matter to be eliminated from existing law, and at
the bottom of each page shall be appended the words, Explana-
tion— Matter in italics is new; matter in brackets [] is old law
to be omitted. In addition to the text, such notice shall contain
an abstract of such proposed amendment, proposition or question,
prepared by said secretary with the advice of the attorney-general,
concisely stating the purpose and effect thereof. If more than
one such amendment, proposition or question is to be voted upon
at such election, such amendments, propositions or questions re
spectively shall^ be separately and consecutively numbered. The
clerk of each county, except the clerk of any county having a
commissioner or board of elections, the commissioner of election?
of each county wherein such commissioner has been appointed
and the board of elections of the city of N"ew York shall forth-
with, upon receipt of such notice, cause printed copies thereof to
be made and on the first day of registration shall cause an ade-
quate number of such printed copies to be placed in the places
designated pursuant to the provisions of this act, for the meet-
ings for registration and distributed therein by the chairman of
the board of inspectors on each day of registration to the electors
applying for registration. If such amendment, proposition or
question is to be submitted at a special election, the secretary of
state shall, at least twenty days before the election, make and
transmit to each county clerk, except the clerk of any county
having a commissioner or board of elections, the commissioner of
elections of each county »vherein such cotnmissioner has been
appointed, and the board of elections of the city of New York a
like notice. Each county clerk and commissioner of elections
aforesaid and the board of elections of the city of New York,
shall, forthwith upon the receipt of such notice, file and record it
in his oflSce, and shall cause a copy of such notice to be published
once a week until the election therein specified in the newspapers
designated to publish election notices, and in addition thereto on
the day of registration for such special election, each clerk of a
Times, Places, Xotices, Etc., of Elections 133
county, except the clerk of any county having a commissioner or
board of elections, the commissioner of elections of each county
wherein such commissioner has been appointed and the board of
elections of the city of New York shall cause an adequate number
of such notices to be printed and placed in the places designated
for the meeting for r^stration for such special election, and
distributed therein by the chairman of the board of inspectors to
the electors applying for registration. In election districts where
personal registration of electors is not required, after the last
day of the registration the inspectors of election shall deliver to
the town clerk all of the printed copies of such notices remaining
in their hands and the town clerk shall within five davs after
receipt of the same mail a copy thereof to each registered elector
in such town, who has not received such copy from the inspectors.
The expense thus incurred shall be a county charge and paid 'ac-
cordingly. The inspectors of election at the time of making up
their resristrv list shall indicate in a suitable mann^T the name of
each elector to whom they have delivered in person printed copies
of such proposed amendment, proposition or question, and ab-
stract. [As amended hij chap. 446, Laws of 1910.]
§ 295. Publication of concurrent resolutions, pro-
posing constitutional amendments and other propo-
sitions. The secretary of state shall cause each concurrent reso-
lution of the two houses of the legislature agreeing to a proposed
amendment to the constitution, which is referred to the legislature
to be chosen at the next general election of senators, to be published
once, three months before such election, and thereafter twice in
each of the three months next preceding such election in two news-
papers published in each county representing the two political
parties polling the highest number of votes at the then last preced-
ing general election and in one additional newspaper published in
each county for every one hundred thousand people in such coTinty
as shown by the then last preceding federal or state enumeration.
Such additional newspapers shall bo selected by the secretary of
state with reference to making such publication in newspapers
having the largest circulation in the county in which they are pub-
lished. If such resolution does not state that such proposed
amendment is so referred to such legislature, the secretary of state
shall publish, in connection with the publication of such concur-
rent resolution, a statement that such amendment is referred to the
legislature to bo chosen at the next general election.
134 TuE Election Law
The secretary of state shall cause such proposed amendment to
the constitution or other proposition or question, which is by law
to be submitted to the voters of the state at a general or special
election, to be published for a like period before such election in
newspapers selected in like manner, together with a brief state-
ment of the law or proceedings authorizing such submission, the
fact that such submission will be made and the reading form in
which it is to be submitted. If such proposed amendment or other
proposition or question is to be submitted at a special election, to
be held less than three months from the time of appointing it,
the first publication in each newspaper shall be made as soon as
practicable after such appointment, and shall continue once in
each week to the time of the election. \_As amended by chap, 820,
Laws of 1913, and^cluip. 244, Laws o/ 1914.]
§ 296. Creation, division and alteration of election
districts. Every town or ward of a city not subdivided into
election districts shall be an election district. The town board of
every town containing more than four hundred voters and the com-
mon council of every city except New York and Buffalo, in which
there shall be a ward containing more than four hundred voters,
shall, on or before the first day of July in each year, whenever
necessary so to do, divide such town or ward respectively into elec-
tion districts, to take effect on the sixth Wednesday before the gen-
eral election in such year, each of which shall be compact in form,
wholly within the town or ward, and shall contain respectively as
near as may be, three hundred voters, but no such ward or town
shall be again divided into election districts until, at some general
election, the number of votes east in one or more districts thereof
shall exceed three hundred and fifty; and in such case the redi-
vision shall apply only to the town or ward in which such district
is situated ; provided, however, that in cities of the third class the
common council, or other board or body charged with like duties,
by resolution duly adopted at the time and to take effect as herein-
before provided for the division of wards into election districts,
may direct that wards in such city having five hundred and fifty
Voters or less shall not be divided but shall constitute one elec-
tion district; or, that wards having five hundred voters or less,
which have been divided into election districts pursuant to the
forgoing provisions of this section, shall be consolidated into
one election district. Such resolution shall fix and determine the
polling place for such election district or consolidated districts and
in all such cases it shall be the dutv of the common council, or
Times, Places, Kotigbs, Etc., of Elections 13$
•other board or body charged with like duties, to furnish such poll-
ing place with one booth for each seventy-five voters in such elec-
tion district or consolidated districts, as shown by the last preced-
ing registration of voters in such ward. If any part of a city shall
be within a town, the town board shall divide into election dis-
tricts only that part of the town which is outside of the city. No
election district including any part of a city shall include any
part of a town outside of a city.
A town or ward of a city containing less than four hundred voir
ers, or an election district of a town containing less than three hun-
dred voters may, in any year not later than the first day of July,
be divided into election districts bv the board or other body
charged with such duty, to take effect on the sixth Wednesday be-
fore the general election in such year, when, in the judgment of
such board or body, the convenience of the voters shall be pro-
moted thereby. Upon the creation, division or alteration of an
election district outside of a city, and on or before September first
the town board shall appoint four inspectors of election for eacii
election district so created, divided or altered, to take effect on or
before the first day of registration thereafter and not earlier than
the second Wednesday following the next fall primary, who shall
be equally divided between the two parties entitled to representa-
tion on boards of inspectors. If the creation, division or altera-
tion of an election district is rendered necessary by the creation,
division or alteration of a town, ward or city or rendered necessary
or occasioned by the division of a county into assembly districts
after a reapportionment by the legislature of members of assem-
bly, such creation, division or alteration of an election district
shall be made and shall take effect immediately; and inspectors
of election for the new election district as so created, divided or
altered shall be appointed, in the manner provided by law, a rea-
sonable time before the next official primary or meeting for regis-
tration and such appointments shall take effect immediately. If a
town shall include a city, or a portion of a city, only such election
districts as are wholly outside of the city shall be deemed election
districts of the town, except for the purpose of town meetings.
The board of elections of the city of Xew York and county of
Erie shall divide the cities of New York and Buffalo, respectively,
into election districts on or before the first day of July in any year
whenever necessary so to do as herein provided, to take effect on
the sixth Wednesday before the general election in such year.
Each election district in the counties within the city of New York
shall contain, so far as possible, four hundred voters, provided.
136 Ti!E Election Law
however, that any election district containing less than two hun-
dred voters, in such counties, made necessary by the crossing of
congressional lines with other political divisions, may be consoli-
dated with a contiguous election district in any year when no
representative in congress is to be voted for in such -district. Such
election districts so established in the city of Xew York shall not
again be changed until at some general election the number of
registered voters therein shall exceed four hundred and fifty,
except where changes are made necessary by a change in the
boundaries of congressional, senate, assembly, aldermanic or
municipal court districts or ward lines, provided^ however, that
when the number of registered voters in an election district shall,
for two consecutive years, be less than two hundred, such district
may be consolidated with a contiguous election district in the
discretion of said board of elections. In the city of New York
each election district shall be compact in form, entirely within an
assembly district and numbered in consecutive order therein
respectively. In the year nineteen hundred and sixteen, follow-
ing the decennial reapportionment, the board of elections of the
city of Xew York shall rearrange the election districts through-
out the city within assembly district lines, to conform as to the
number of voters to the provisions of this section, which rear-
rangement shall take effect before the fall primary in that year;
and the appointment of inspectors of election for ^uch election dis-
trict, as altered or newly created, shall be made and shall take
effect a reasonable time before such primary.
^0 election district shall contain portions of two counties, or
twp' senate or assembly districts. [As amended by chap. 244,
Lmvs of 1914, and chap. 537, Laws of 1916.]
§ J297. Abolition, consolidation or changing of elec-
tion districts in toivns. If at a general election at which
a governor is elected, the number of votes cast for governor in an
election district in any town be less than two hundred, the town
board of the town may, if such town contains two election dis-
tricts, abolish the division of the town into election districts, or
if the town contains more than two election districts, may annex
the territory of such district to one or more of the other districts
therein, in such manner as will best promote the convenience of
the voters; but no district shall be abolished pursuant to this sec-
tion if thereby in case of the abolition of election districts, the
number of voters in the town will exceed four hundred, as in-
dicated by the last preceding vote for governor, or thereby in the
Times, Pi*aces, Xotices, Etc., of Elections 137
case of the abolition of an election district and its annexation to
one or more other districts, the number of voters in any new
district so created will exceed three hundred and fifty as indi*
cated by such vote. An alteration of election districts, pursuant
to this section, must be made on or before July first in any year,
to take effect on the sixth Wednesday before the general election
in such year. If the election districts in a town are abolished
pursuant to this section, the town board shall, on or before Sep-
tember first, appoint from the inspectors of election in such town
four inspectors of election for the town as an election district, to
take effect on or before the first day of registration thereafter and
not earlier than the second Wednesday following the next fall pri-
mary, who shall be equally divided between the two parties entitled
to representation on boards of inspectors.
If a town has been divided into three or more election districts,
and if at any general election at which a governor is elected, the
number of votes cast for governor in any district in such town
does not exceed two hundred, the town board of such town may on
or before the first day of August succeeding, if it deems that the
convenience of voters will be promoted thereby, divide such town
into such number of election districts, to take effect on the sixth
Wednesday before the next general election, as it deems desirable,
or change the boundaries of the existing districts, in such manner
that no district shall contain more than three hundred voters as
indicated by the last preceding vote for governor. If, in pursu-
ance of this section, the boundaries of an election district in such
town should be changed, or a new election district is created, by
the consolidation of two or more districts or parts of districts,
the town board shall on or before September first appoint for
each such district so created, or changed, four inspectors of elec-
tion, to take effect on or before the first dav of registration there-
after and not earlier than the second Weduosday following the next
fall primary, who shall be equally divided between the two parties
entitled to representation on boards of inspectors. Such inspectors
of election shall hold office until their successors are regularly
elected in such election districts, in pursuance of law. [.4,s
amended hy chap. 244, Laws of 1914, and chap. 537, Laics of
1916.]
§ 208. Haps 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
188 The Election Law
districts, the officers or board creating, dividing or altering sncfa.
election districts shall forthwith make a map or description of
such division, defining it by kno^vn boundaries, and cause such
map or description to be kept open for public inspection in the
office of the city clerk, and cause copies thereof to be posted not
less than ten days prior to the first day of registration in each
year, in at least ten of the most public places in each election dis-
trict so created, divided or altered, and shall, prior to every elec-
tion, furnish copies of such map or description to the 'inspectors
of election in each election district of such ward or assembly dis-
trict. The scale of such maps shall, so far as possible, be uniform
and large enough to permit the printing of the street comer num-
bers of the block or blocks defining the extreme boundaries of each
election district within or outside the lines of such block or
blocks respectively ; and such street comer numbers shall be printed
in or outside such block lines upon said maps, so that the lowest
and highest street numbers within the election district of every
street bounding such election district shall bo plainly shown
thereon. 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 the next section as places at
which the meetings for the registration of voters and the election
shall be held during the year within such ward or assembly district.
The officers creating, dividing or altering an election district in
a town shall forthwith make a certificate or map thereof, exhib-
iting the districts so created, divided or altered, and their num-
bers respectively, and file the same in the county clerk's office ex-
cept in the county of Erie, and in the county of Erie in the office
of the eommisioner of elections, and a copy thereof in the town
clerk^s office, and cause copies of the same to be posted in at least
five of the most public places in each election district of such town,
and the countv clerk or commissioner of elections as the case mav
ft.' ft
be, shall, prior to every general- election, furnish copies of such
maps or certificates, to the inspectors of election in each election
district of such town, provided such election district is not co-
terminous with the town lines.
§ 290. Designation of places for registry and vot-
iiig* 1.- On the first Tuesday of September in each year, the
town board of each town, and the common council of each city,
except Buffalo, and the board of elections of the city of New
York, shall designate the place in each election district in the
city or town at which the meeting for the registration of voters
Times, Places, Notices, Etc., of Elections 130
and the election shall be held during the year ; provided, however,
that in the city of New York the place so designated, if a schools-
house or other public building, may be in a contiguous election
district. In the city of Buffalo the board of elections of the
county of Erie shall designate such places for registry and elec-
tion on the first Monday in August in each year. ^Amended by
ch<ip. 537, Layjs of 1916.]
2. Each room so designated shall be of a reasonable size, suffi-
cient to admit and comfortably accommodate at least ten voters
at one time outside of the guard-rail, and in cities containing a
population of one million or over such room must in addition be
of sufficient size to allow of the placing of the furniture and
equipment of such polling place as provided in the election law-
3. In cities containing a population of over one million, a
school-house or other public building may be designated, pr<)-
vided that the board of education consent and that the use of
the same as a registration and polling place shall not interfere
with their customary use. The expense, if any, incidental to their
use under such designation shall be paid like the expense of other
registration and polling places. Whenever a school or other pub-
lic building is located in an election district and the registration
and polling place of such district is not located in a school or
other public building, a statement of the reason for not desig-
nating such a building must be entered by the board or officer
charged with the duty of making such designations in the
minutes or other record making the designation.
4. Xo building, or part of a building, shall be so designated in
any city, if within thirty days before such designation, intoxicat-
ing liquors, ale or beer, shall have been sold in any part thereof.
Xo room shall be designated elsewhere than in a city, if within
thirty days before such designation, intoxicating liquors, ale or
beer, shall have been sold in such rooms, or in a room adjoining
thereto, with a door or passageway between the two rooms.
5. In the event that the registration shall be so large that the
polling place already designated would be unreasonably crowded
on election day, the board of elections may between the last day
of registration and election day change the polling place so as to
obtain a larger room. If for any reason said board of elections
changes a polling place said change must be made at least ten days
before the day of election and at least five days before election day
said board must send a written notice to each registered voter,
notifying him of such change in the location of said polling place.
6. Xo intoxicating liquors, ale or beer shall be sold in such
140 TuE Election Law
building in a city or such room or adjoining room elsewhere after
such designation and before the general election next thereafter,
or be allowed in any room in which an election is held during the
day of election or canvass of the votes. Any person or persons
violating the provisions of this section shall be deemed guilty of
a misdemeanor.
7. If any place so designated shall thereafter and before the
close of the election be destroyed, or for any reason become unfit
for use, or cannot for any reason be used for such purpose, the
officers charged with the designation of a place for such election
shall forthwith designate some other suitable place for holding
such election, Not more than one polling place shall be in the
same room, and not more than two polling places shall be in the
BSiJhe building. [As amended hy chap, 428, Laws of 1910, and
chap. 678, Laws of 1915.]
§ 300. Equipment of polling places. The officers au-
thorized to designate such places in any town or city shall provide
for each polling place at such election, the necessary ballot and
other boxes, guard-rails, voting booths and supplies therein, and
the other furniture of such polling place, necessary for the lawful
conduct of each election thereat, shall preserve the same when not
in use, and shall deliver all such ballot and other boxes for each
polling place, with the keys thereof, to the inspectors of each elec-
tion district at least one-half hour before the opening of the polls
at each election.
§ 300-a. Display of American flag. The American
flag shall be displayed in each polling place in this state by the
board of inspectors during the hours when such boards are in
session. The board, body or officer now charged with the duty oi*
defraying the expenses of conducting primaries and elections ^all
furnish said flag, which shall be approximately three feet by five
feet in size. \_As added hy chap. 783, Laws of 1913.]
§ 301. Publication of list of registration and polling
places. The officers authorized to designate the registration and
polling places in any city, except the city of New York, shall
cause to be published in two newspapers within such city a list
of such places so designated, and the boundaries of each election
district in which such registration and polling place is located and
shall at the same time file said list with the state superintendent
of elections. Such publication shall be made in the newspapers so
selected upon each day of registration and the day of election,
Times, Places, Notices, Etc., of Elections 141 .
except that if such newspaper be an evening newspaper it shall
be made on the day prior to each of such days. One of such
newspapers so selected shall be one which supports the candidates
nominated that year by the political party polling the highest
number of votes in the state at the last preceding election for
governor, and the other newspaper so designated shall be one
which supports the candidates nominated that year by the political
party polling the next highest number of votes for governor at
said election.
The board of elections of the city of New York shall cause to
be published in two newspapers in each borough within such city
a list of the r^stration and polling places so designated in each
borough and the boundaries of each election district therein
in which such registration and polling place is located and
shall at the <iame time file said list with the state superin-
tendent of elections; except that in the borough of Brooklyn, such
publication s ^all be made in the newspapers designated to publish
corporation notices therein and in one daily newspaper published
in the Jewish language; and except also that in the borough of
the Bron? such publication shall be made in four newspapers
publlshe: in the borough of the Bronx; and except also that in the
borough of Manhattan such publication shall be made in five daily
newspapers published in the borough of Manhattan which sup-
port the candidates nominated that year by the political party
fK)Uing the highest number of votes in the state at the last pre-
ceding election for governor, and also in five daily newspapers
published in the Iwrough of Manhattan which support the candi-
dates nominated that year by the political party polling the next
highest number of votes for governor at said election, one of which
newspapers jnay be a daily newspaper published in the German
language and two of which newspapers may be daily newspapers
published in the Jewish language ; which publication shall include
the list of such registration and polling places and their bound-
aries, in the respective counties in which the newspapers are pub-
lished. Such publication shall be made in such newspapers upon
each day of registration and the day of election excepting if such
newispaper be an evening newspaper it shall be made on the day
prior to each of such days or if such day be Sunday, on the pre-
ceding Saturday. Such publications shall be made in newspapers
published in such boroughs which shall respectively support the
candidates nominated that year by the political parties which at
the last preceding election for governor respectively cast the larg-
est and next largest number of votes in the state for such oflice.
142 TuK Election Law
The said board shall also cause to be published in tha City
Record on or before the first day of registration in each year a
complete list of all the registration and polling places so desig-
nated and the boundaries of the election districts in which such
places are located arranged in numerical order under the desig-
nation of the respective boroughs in which they are located.
In selecting the newspapers in which such publications are to
be made the said board shall keep in view the object of giving
the widest publicity thereto. \As a^mended hy chap, 587, Laws
pf 1913, chap. 238, Laivs of 1914, aiid chap. 537, Latas of 191(1'
§ 302. X3.ection oflB.cers; designation^ number and
qualifications. There shall be in every election district of tliis
utate the following election officers, namely, four inspectors, two
poll clerks and two ballot clerks, whose term of office, except as
nereinafter prescribed, shall be for one year from the date of their
appointment or election, and who shall serve at every general,
special or other election held within their districts during such
term. The term of office of inspectors of election in towns shall
be for two years.
No person shall be appointed or elected an inspector of elctv
tion, poll clerk or ballot clerk, who is not a qualified voter of the
county if within the city of New York, or of the city if in anv
other city, or of the election district of the town in which he is
to serve, of good character, able to speak and read the English
language understandingly, and to write it legibly, and who docs
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 voters of the district in which he is
to serve, or who has been convicted of a felony and not restored t»>
citizenship, or who holds any public office except that of notarv
public or commissioner of deeds, town or village assessor, justice
of the peace, police justice of a village, village trustee, water cinn-
missioner, officer of a school district, or overseer of highway?,
whether elected or appointed, or who is employed in any public
office or by any public officer whose services are paid for out of tlu*
public money other than is excepted herein.
Each class of such officers shall be equally divided betwoiu
the two political parties which at the general election next pn-
ceding that for which such officers are to serve, cast the higlu»>t
and the next highest number of votes. Where election officers aro
appointed the qualifications required of them by this section shall
be determined by an examination by or under the direction of the
Times, Places, Xotices, Etc, of Elections 143
appointing board or officer. [As amended by chap. 231), Laws of
1914.]
§ 303. Appointment of election officers in cities.
The board of elections of the city of Xew York and tho mayor
f»f each other city shall, on or before the first day of
September of each year, select and appoint election officers for each
election district therein, and may fill any vacancy which may occnr
hofore the opening of the polls on election day.
Each political party entitled to representation in any board
of election officers may, not later than the first day of July in
each year, file with such board or mayor an original list of personSy
members of such party duly qualified to serve as election officenL
A supplemental list of persons may also be filed containing not
more than ten names for each office. Additional supplemental
lists for any election district may be filed at any time before the
appointments for such districts are made and certified by such
Wrd or mayor or when a vacancy shall exist in the original
lUt by reason of the disqualification, resignation, declination, or
withdrawal of the name by the person or persons submitting the
same, of any person on such list, and all appointments shall be
made from the original list if those named therein are found
qualified; if not so qualified, then from a supplemental list so
filed. If within ten days after notice in writing by the board
or mayor to the chairman of the committee or other person by
whom the list is filed or authenticated, such chairman or other
pTson 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.
§ 304. Anthentication of party lists. In the city of
Xew York such lists shall be authenticated and filed bv the chair-
man of the county committee of the party in the respective
bounties within such city; in other cities, by the chairman
or secretary of the general city committee of such party, if
there be such a committee, or if not, then by the chairman or
secretary of tho general county committee of such party, if
there be such a committee, or if not, then by the corresponding
officer of any committee perfonning the usual functions of a city
or county committee; provided, however, that if in any city more
than one such list be subniittod in the name or on behalf of tho
144 The Election Law
same political party, only that list can be accepted which is au-
thenticated by flie proper oflBcer or oflBcera of the faction or section
of snch party, which was recognized as regular by the last pre-
ceding state convention of such party; or, where no such
convention has been held within the year, by the proper officer of
the faction or section of said party which at the time of the
filing of said list is recognized as regular by the state committee
of such party which was organized by or pursuant to the direc-
tion of the last preceding state convention of such party. [As
amended by chap. 678, Laws of 1915.]
§ 305. Ezaminiation as to qnaliflcationfl. All per
sons 80 proposed for appointment shall be examined as to their
possessing the qualification required by section three hundred and
two of this chapter by or imder the direction of the mayor or
board, who shall give five days' notice in writing of such examina-
tion to the person to be examined, and also the chairman of the
committee or other person by whom the list is filed and authenti-
cated, and such chairman or other person may appear and be heard
at such examination, either in person or by counsel. If a person
80 nominated after examination is found qualified, under section
three hundred and two of this chapter, he shall be appointed to
the position for which he was recommended. If a person so pro-
posed is found disqualified after examination, notice in writing
to that effect shall be given by the mayor or board within thnnj
days after such disqualification is determined by such mayor or
board, to the chairman of the committee or other person by w^hom
the list embracing the name of the person so disqualified was au-
thenticated, and the vacancy shall be filled by the appointment of
a qualified person named in a supplemental list filed on behalf
of the same party, except that if a party entitled to representa-
tion files no list the appointment may be made without such \ht,
as provided in section three hundred and three, after examina-
tion. If the person recommended shall have served as an eh?o-
tion ofiicial at any previous election, it shall not be necessary for
him to be examined. [As amended by chap. 649, Imws of 1911.]
§ 306, Party selection in the city of New York. In
the city of New York the members of the board charged with tho
duty of appointing election officers, who represent the same political
party, shall have the exclusive right and be charged with the ex-
clusive duty of selecting from the list submitted, or, in lieu ol
Times, Places, Notices, Etc., of Elections 145
said list, the members of such party who are to be appointed as
election officers.
§ 307. Oatb of office; oertifLoate of appointmeiit.
Every person so appointed as an election officer shall, withia
five days after notice of his appointment, take and subscribe the
constitutional and statutory oath of office, which shall be ad-
ministered, if in the city of New York, by a commissioner of elec-
tions, or by any clerk or other employee of said board of elections
who shall be designated by said board in writing over the signature
of its president to administer said oatli of office, and if in any other
city, by the mayor thereof or by any other person or persons desig-
nated by him for that purpose; and all of said officers, and all
clerks or persons so designated by them or him for that purpose,
shall be and are hereby authorized and empowered to administer
such oath.
Every person so sworn as an election officer shall receive a
certificate of appointment and qualification, signed by the person
who administered the oath, in such form as may be approved by
the board or mayor by which or whom he was appointed, and
specifying the capacity and the election district in which he is
to serve and the date of the expiration of his term of office.
§ 308, Removals^ vacancies; transfers. Any election
officer so appointed may be removed for cause by the board or
mayor making the appointment, in which case such removal, unless
made while such officer is actually on duty on the day of registra-
tion, revision of registration or election, and for improper conduct
as election officer, shall only be made after notice in writing to the
officer to be removed, which notice shall set forth clearlv and
distinctly the reasons for his removal. In cities of the first class,
it shall be the duty of the board or mayor making the appointment
of an election officer, to remove forthwith such officer, without pre-
ferring any charges and without notice to such officer, upon the
written request of the official of the political party who certified
the name of such election officer or his successor. All such
vacancies so created shall be filled in the same manner as the
original appointment was made. Any election officer who shall
at any time be appointed to fill a vacancy, which fact shall be
stated in his certificate of appointment; shall hold office only
during the unexpired term of his predecessor.
No election officer shall be transferred from one election district
to another after he has entered upon the performance of his duties
140 The Election Law
and no election officer shall serve in any county save that in which
he shall reside.
. § 309. Certificates of service ; exemption from jury
duty; payment* The chairman of each board of inspectors of
each election district shall, within twenty-four hours of any elec-
tion, furnish to the mayor or board appointing such officers, if
required so to do by such mayor or board, under his hand, a
certificate stating the number of days of actuaL service of each
member of such board, the names of the persons who served as
poll clerks and ballot clerks on election day and the number of
days during which the store, building or room hired for registra-
tion and election purposes was actually used for such purposes.
Any person acting as such chairman, who shall wilfully make a
false certificate, shall be guilty of a *misdeameanor.
All persons appointed and serving as election officer on any
of the days of registration or of election or of count of
votes in cities of the first class shall be exempt from jury duty
for one year from the date of the general election at which they
serve. Such officers shall be paid by the comptroller of the re-
spective cities within twenty days after the election at which such
officers served, upon the certificate of the board or mayor ap-
pointing them.
§ 310. Special penalties. Every person appointed as an
election officer, failing to take and subscribe the oath of office as
hereinbefore prescribed or who shall wilfully neglect or refuse
to discharge the duties which he was appointed to perform, shall,
in addition to the other penalties prescribed by law, be liable to
a fine of one hundred dollars, to be sued for and recovered by
the mayor or board making the appointment, in a court of record,
for the use and benefit of the treasury of such city. Any elec-
tion officer who, Ix^ng removed for cause, shall fail upon demand
to deliver over to his successor the register of the voters, or any
tally sheets, book, paper, *mmorandum or document relating
to the registration of voters or the election in his possession, so
far as he has made it, shall be liable to a like penalty to be re-
covered in a like manner for the benefit of such city.
§ 311. Appointment of inspectors of election in
toixms. Except as provided in section two hundred and ninety-
six, inspectors of election in towns shall be appointed by tho
m~- - - *■
* So in original.
Times, Places, Notices, Etc., of Elections 147
town board in each year in which a town meeting ia held for the
election of town officers, and within thirty days thereafter. Such
appointments shall be made from lists to be prepared, certified
and filed in the manner hereinafter provided, by the two political
parties entitled to representation on a board of election officers.
The town caucus or primary held by each such political party for
the purpose of nominating town officers shall prepare a list
containing the names of at least two persons, qualified to serve as
inspectors of election, for each election district in said town,
which lists shall be certified by the presiding officer and a secre-
tary of said caucus or primary, and filed with the town clerk in
the same manner and at the same time as the party certificate of
nomination filed by said party. From each of the two lists so
filed, the town board shall appoint two persons who x>ossess the
qualifications prescribed by law for election officers. If in any
town more than one such list be submitted on behalf or in the
name of the same political party, only that list can be accepted
which is certified by the proper officer or officers of the faction of
such party which was recognized as regular by the last preceding
state convention of such party ; or if no such convention was held
during the year, by the proper officer or officers of the faction
of such party, which at the time of the filing of such list is
recognized as regular by tlie state committee of such party.
Such appointment shall be made in writing and filed with the
town clerk, who shall forthwith notify each person so appointed
of his appointment to said office, in the manner in which he is
now by law required to give notice to a person of his election
to a town office when his name does not appear upon the y)oIl
list at the town meeting at which he was elected to said offioo.
From the additional names, if any, contained on the lists so filed,
of persons qualified to serve as sucli, the town board shall appoint
inspectors of election in case of the resignation, declination or
other incapacity of persons appointed to such office. If such
lists contain no additional names of such persons, the town board
shall fill vacancies caused by such resignation, declination or
other incapacity by appointing persons known, or proved to the
satisfaction of a majority of the members of said board to bo
members of the same political party in which such vacancy cc-
cnrred. All appointments to fill vacancies shall be made in writ-
ing and filed with the town clerk, and notices thereof given by
him as hereinbefore provided in the case of an original appoint-
ment.
148 The Election Law
§ 312. Appointment of poll olerks and ballot
clerks in toi^ns. At the first meeting in each year of the
board of inspectors in every district in a town, one poll clerk and
one ballot clerk shall be appointed by the two inspectors of election
representing one of the political parties entitled to representation
on such board, and one poll clerk and one ballot clerk shall be
appointed by the two inspectors representing the other political
party. Such appointments shall be in writing, signed by the in-
spectors making the appointments respectively, and shall be filed
by them with the town clerk of the town in which such election
district is situated, and a copy thereof with the post-office address
of each person so appointed shall be mailed to the clerk of the
countv.
The poll clerks and ballot clerks so appointed shfill hold their
office during the term of office of the inspectors appointing them,
except as hereinafter provided* The persons so appointed as pol!
clerks and ballot -clerks shall be voters in the district in which they
are appointed to serve, and shall possess the qualifications required
of such officers by section three hundred and two of this article
If at the time of any election at which poll clerks and ballot
clerks are required to be present at the polling place in any
election district, the office of a poll clerk or of a ballot clerk of sufifr
district shall be- vacant, or a poll clerk or a ballot clerk shall be ab-
sent, the inspectors of election in such district shall forthwith ap-
point a person to fill such vacancy. Such person so appointed
shall, before he acts as such poll clerk or ballot clerk, take the
constitutional and statutory oaths of office.
§ 313. Supplying vacancies and absences. If at the
time of any meeting of the inspectors there shall be a vacancy or
if any inspectors shall be absent from such meeting, the inspector
present who shall be a member of the same political party as the
absent inspector shall appoint a qualified voter of the district,
who shall also be a member of the same political party as the ab-
sent inspector, to act in the place of such absent inspector for the
whole of that day. And the person so appointed shall be paid the
amount which the absent inspector, if he had been present, would
have been entitled to be paid for his services upon that day, and the
absent inspector shall not be paid for any services for that day.
If two inspectors^ who are members of the same political party,
shall be absent from any surli Tr^oetins: on election day, the pol!
clerk, if he be present, and if he be al^sent then the ballot clerk,
TiMBS, Placbs, Notices, Etc., of Elections 149
who is a member of the same political party as the absent inspect-
ors, shall appoint two qualified voters of the district, who shall
be members of the same political party as the absent inspectors,
to act in the place of such absent inspectors for the whole of
that day ; and the persons so appointed shall be paid the amounts
which the absent inspectors, if they had been present^ would have
been entitled to be paid for their services upon that day, and the
absent inspectors shall not be paid for any services for that day.
If two inspectors, who are members of the same political party,
shall be absent on any of the days of registration, tie inspector or
inspectors present shall appoint qualified voters of the district,
who shall be members of the same political party as the absent
inspectors, to act until such absent inspectors, or their successors
duly appointed as hereinbefore provided, shall appear and such
persons, so serving temporarily, shall serve without pay.
If, at any such time, the offices of all inspectors are vacant, or
no inspector shall appear within one hour after the time fixed by
law for the opening of such meeting, the qualified voters of the
district present, not less than ten, may designate four qualified
voters of the district belonging to the political parties as speci-
fied in section three hundred and two, to fill such vacancies, or
to act in the place of such inspectors respectively, until the ab-
sent inspectors respectively appear.
If at any time tiiere shall be a vacancy in the office of any poll
clerk or ballot clerk, or if any poll clerk or ballot clerk shall be
absent from such meeting, the inspector or inspectors present, who
shall be a member or members of the same political party as the
absent poll clerk or ballot clerk, shall appoint a qualified elector
of the district, who shall also be a member of the same political
party as the absent poll clerk or ballot clerk to fill such vacancy.
Every person so appointed or designated to act as an inspector,
poll clerk or ballot clerk shall take the constitutional and statutory
oath as prescribed by this chapter.
§ 314. Orsanication of boards of inspectors. Before
otherwise entering upon their duties the inspectors of each district
shall then immediately appoint one of their number chairman ; or^
if a majority shall not agree upon such appointment, they shall
draw lots for that position.
In all proceedings of the inspectors acting as registrars, in-
spectors or canvassers, they shall act as a board, and, in case of a
question arising as to matters which may call for a determina-
tion by them, a majority of such board shall decide.
160 The ELECTiaw Law
§ 315. Preservation of order by inspectors. All
meetings of the board of inspectors shall be public. Such board
and each individual member thereof shall have full authority
to preserve peace and good order at such meetings, and around
the polls of elections, and to keep the access thereto unobstructed,
and to enforce obedience to their lawful commands. The said
board may appoint one or more voters to communicate their
orders and directions, and to assist in the performance of their
duties in this section enjoined. If any person shall refuse to
obey the lawful commands of the inspectors, or by disorderly
conduct in their pre?cnce or hearing shall interrupt or disturb
their proceedings, they shall make an order directing the sheriff
or any constable of the county, or any peace or police officer to take
the person so oflFending into custody and retain him until the
registration of voters or the canvass of the votes shall be com-
pleted, but such order shall not prohibit the person taken into
custody from voting. Such order shall be executed by any sheriff,
constable, peace or police officer, to whom the same shall be deliv-
ered, but if none shall be present, then by any other person
deputed by such board in writing. The said board or any mem-
ber thereof may order the arrest of any person other than an
election officer violating or attempting to violate any of the pro-
visions of this chapter.
§ 316. Ballot boxes. Separate ballot boxes appropriately
and conspicuously marked must bo provided as occasion shall
require, to receive
1. Ballots for presidential electors,
2. Ballots for general officers,
3. Ballots upon constitutional amendments and questions
submitted,
4. Ballots upon town propositions and upon town appro-
priations,
5. Ballots defective in printing or spoiled and mutilated,
6. Stubs detached from ballots.
Each box shall be supplied with a sufficient lock and key and
with an opening in the top large enough to allow a single folded
ballot to be easily passed through the opening, but no larger. It
shall be large enough to receive all the ballots which may be law-
fully deposited therein at any election, and it shall be well and
strongly made of wood, free from checks and blemishes.
Times, Pulces, Notices, Etc., of Elections 151
' Eadk and every inspector of elections shall be personally re-
sponsible for the custody of each box and its contents from the
time the election begins until the box is delivered, according to
law, to the person entitled to receive it. Upon making any such
delivery each inspector of elections shall be entitled to a receipt
for each box delivered. [As amended by chap. 649, Laws of
1911, and chap. 821, Laws of 1913.]
•
§ 317. Toting booths and gnard-rails. There shall
be in each polling place during each election a sufficient number
of voting booths, not less than one for every seventy-five registered
voters in the district. Each such booth shall be at least three feet
square, shall have four sides inclosed, each at least six feet high,
and the one in front shall open and shut as a door swinging out-
ward, and shall extend within two feet of the floor. Each such
booth shall contain a shelf which shall be at least one foot wide,
extending across one side of the booth at a convenient height for
writing, and shall be furnished with such supplies and conven-
iences including pencils having black lead only, as will enable the
voters to conveniently prepare their ballots for voting. Each
booth shall be kept clearly lighted while the polls are open, by
artificial lights if necessary.
A guard-rail shall be placed at each polling place at least six
feet from the ballot boxes and the booths, and no ballot box or
booth shall be placed within six feet of such raiL Each guard-rail
shall be provided with a place for entrance and exit. The arrange-
ment of the polling place shall be such that the booths can only
be reached by passing within the guard-rail, and that the booths,
ballot boxes, election officers and every part of the polling place
except the inside of the booths shall be in plain view of the
election officers and the persons just outside the guard-rail. Such
booths shall be so arranged that there shall be no access to intend-
ing voters or to the booths through any door, window or opening,
pxcept by the door in front of said booth.
§ 318. Apportionaient of election expenses. The
expense of providing polling places, voting booths, supplies there-
for, guard-rails and other furniture of the polling place, and
distance markers, and the compensation of the election officers
in each election district, shall be a charge upon the town or city
in which such election district is situated, except that such ex-
penses incurred for the purpose of conducting a village eleetUm
152 The Election Law
not held at the same time as a general election shall be a charge
upon the village.
The expense of printing and delivering the official ballots, sam-
ple ballots and cards of instruction, poll books, tally sheets, return
sheets for inspectors and ballot clerks, and distance markers to be
used at a town meeting or city or village election not held at
the same time as a general election, and of printing the lists of
nominations therefor shall be a charge upon the town, city or
village in which the meeting or election is held. The expense of
printing and delivering the official ballots, sample ballots and 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
or city or village election be held at the same time therewith, and
of printing tho lists of nominations therefor, shall be a charge
upon such county. The expense of printing and delivering the
official ballots, sample ballots and cards of instruction, poll books,
tally sheets, return sheets for inspectors and ballot clerks, and
distance markers, to be used in any such county at any other elec-
tion, and of printing the lists of nominations therefor, if the town
meeting or city or village election be held in such county at
the same time therewith, shall be apportioned by the coimty clerk
between such town, city or village and such county, in the profwr-
tion of the number of candidates for town, city or village officers
on such ballots, respectively, to the whole number of candidates
thereon, and the amount of such expense so apportioned to each
such mimicipality shall be a charge thereon.
Whenever voting machines are used in an election by any city,
town or village, only such expenses as are caused by the use of such
machines, and sucli as are necessary for the proper conduct of the
elections as required by this chapter shall be charged to such city,
town or village.
All expenses relating to or connected with elections lawfully
incurred by the board of elections of the city of New York shall
be a charge on such city, and after being audited by the proper
officer, shall be paid by the comptroller of said city upon the cer-
tificate of such board.
§ 310. Fees of election officers and others, i. The
county clerk of each county, not salaried, shall be paid by such
county a reasonable compensation for his services in carrying out
Times, Pieces, Notices, Etc., of Elections 153
the provisions of this chapter, to be fixed by the board of super-
visors of the county, or the board acting as such board of super-
visors. The town clerk of each town shall be paid by such town
a reasonable compensation for his services in carrying out the pro-
visions of this chapter, to be fixed by the other members of
the town board of the town. Ballot clerks shall receive the
same compensation for their attendance .at an election as in-
spectors of election for the election and be paid in like man-
ner. Poll clerks shall receive the same compensation for their
attendance at an election and canvass of the votes as inspectors
of election and be paid in like manner. An inspector of
election lawfully required to file papers in the county clerk's
office shall, unless he resides in the county if within the city
of Xew 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 ofSce.
2. In cities of the first class having a population of two million
nr more inhabitants the persons appointed and serving as inspect-
'Ts of election shall receive four dollars for the hours fixed by
law for each day of registration from Monday to Friday in-
clusive, and ten dollars for such hours on the last day of regis-
tration and on the day of revision of registration for a special
election, and seven dollars for the hours fixed by law for the
election, and five dollars for the count and return of the votes.
The poll clerks in such city shall each receive the same com-
pen.sation as inspectors for the election and for the count of the
^'^•tegi, and the ballot clerks shall receive eight dollars each. Such
)tficers shall be paid by the comptrollers of the respective cities
ijKin the certificate of the board or officer appointing them.
3. Election officers required to meet at a different time from
he r<^Tilar count of the votes cast at a general election for the
urpose of counting and returning the votes of electors absent
roni their election districts in time of war in the actual military
r naval service of this state or of the United States shall bo
iid five dollars each. [As amended by chap. 678, Laws of 1915.]
f 320. X^elivery of eleotion laws to clerkfl, boards
id election officers. The secretary of state shall at least
rtv days before each general election cause to be prepared a
154: The Election Law
compilation of the election law with explanatory notes and in-
structions, properly indexed, and procure the same to be printed
by the legislative printer, and transmit to the board of elections
of each county, and to the board of elections of the city of New
York, located in the borough of Manhattan, and to the branch
office of the board of elections in each of the other boroughs of
the city of !New York, a sufficient number of copies thereof to
furnish one such copy to each member of each such board and to
each of said branch offices of the board of elections of the eitv of
•
Xew York and one to euch countv, town, villasje and citv clerk
and to each election officer in any such county and said boroughs,
together with such number of extra copies as may in his judg-
ment be necessary to replace copies lost oi* mutilated before
delivei*v thereof to election officers.
The board of elections of each county, except those counties
the whole of which is included within the citv of New York, shall
forthwith transmit one of such copies to each of such officers in
such county, and the board of elections of the city of Xew York
shall cause to be delivered one of such copies to each of such
officers in the city of Xew York. Each copy so received by each
such officer shall belong to the office of the person receiving it.
Every incumbent of the office shall preserve such copy during
his term of office and upon the expiration of his term or removal
from office deliver it to his successor. The secretary of state
shall also transmit to the state superintendent of elections a suffi-
cient number of such copies to furnish one of such copies to the
superintendent and to each deputy. [Amended by chcup. 537,
Laius o/ 1916.]
^ARTICLE 9
Ballots and Stationery
Section 330. Official ballots for elections. ^
331. Classification of ballots; form of ballots for
candidates.
332. Form of ballot for questions submitted.
333. Sample ballots, instruction cards and stationery.
^333-a. Additional sample ballots in the year nineteen
hundred and fourteen; distribution of such
ballots. i
* Ab lenumbered by chap. 800, Laws of 1913.
2 Repealed by chap. 537, Laws of 1916.
Baixots and Stationery 155
Section 334. Blank forms for election of^cevB.
335. Form of ballot clerk's return.
336. ^Description of tally sheets.
337. Forms of return and tally of votes cast for presi-
dential electors.
338. Forms of return and tally of votes for officers other
than presidential electors.
339. Forms of return and tally of votes upon questions
submitted.
340. Number of official ballots.
341. Officers providing ballots and stationery.
342. Public inspection of ballots.
343. Distribution of ballots and stationery.
844. Errors and omissions in ballots.
345. Unofficial ballots.
§ 330. Official ballots for elections* Official bal-
iota shall be provided at public expense at each polling place for
every election at which public officers are to be elected directly by
Ae pet^Ie, except an election of school district officers or school
officers of a city or village at which no other public officer is to
^ elected, and except an election of officers of a fire district
outside of cities and incorporated villages, at which excepted
Sections any form of ballot which may be adopted and used
^ the meeting at which such election shall be had shall be legal.
§ 331. ClassifLcation of ballots; form of ballots for
candidates. 1. General provisions. There shall be five kinds
'>f ballots, called respectively ballots for presidential electors,
wllots for general officers, ballots upon constitutional amendments
®d questions submitted, ballots upon town propositions, and
iftllots upon town appropriations, which shall be used for the pur-
wses which their names severally indicate and not otherwise.
Allots for general officers shall contain the names of all candi-
Ates except presidential electors. All ballots shall be printed in
bck ink, on book paper of good quality free from ground wood,
te hundred sheets of which twenty-five by thirty-eight inches in
te shall weigh sixty pounds and shall test for that size and weight
•Section repealed by chap. 821, Lawa of 1913.
156 The Election Law
at least twenty points on a Morrison tester. They shall be rec-
tangular in shape, not less than eight inches in width and twelve
inches in length, and shall have a margin extending beyond any
printing thereon.
All ballots of the same kind for the same polling place shall be
of precisely the same size, quality and shade of paper, and of
precisely the same kind and arrangement of type and tint of ink.
A different, but in each case uniform, kind of type shall be used
for printing the names of candidates, the titles of offices, political
designations, and the reading form of constitutional amendments
and other questions and propositions submitted. The names of
candidates shall be printed in capital letters in black-faced type
not less than one-eighth nor more than three-sixteenths of an inch
in height.
Each 'ballot shall be printed on the same sheet with a stub and
shall be separated therefrom by a horizontal .line of perforations
extending across the entire width of the ballot. On the face of
the stub shall be printed the instructions to voters hereinafter pro-
vided. On the back of the stub, immediatelv above the center
of the indorsement on the back of the ballot hereinafter referred
to, shall be printed " No ,'' the blank to be filled with the
consecutive number of the ballot, beginning with " No. 1," and
increasing in regular numerical order.
On the back of the ballot, below the line of perforations, just
to the right of the center, and outside when the ballot is folded,
shall be printed the following indorsement, the blanks being prop-
erly filled and the numbers running from one upward, con-
secutively :
Official Ballot (for Presidential Electors).
Countv of
Assembly District (ward or town).
Election District.
(Date of Election).
(Facsimile of the signature of officer causing the ballot
to be printed).
Each ballot shall be printed in sections, on which the caiidi
dates' names, emblems and political designations, or the constitii
tional amendment, or other question submitted, ^vith the voting
squares, and other requisite matter shall be boxed in by lioav^
Ballots ajjd Stationery 157
black lines in the manner indicated in the illustration of the
ballot hereinafter provided. The voting squares and the spaces
tK*cupied by emblems shall have a depth and width of five six-
teenths of an inch.
In case the sections shall be so numerous as to make the ballot
uHwieldy if they are printed in one column, they may be printed
in as many columns as shall be necessary, and in that case, in
order to produce an exactly rectangular ballot, blank sections may
be used.
On each ballot shall be voting squares .in which voters may
i.iake their voting marks. All voting squares shall be bounded
by heav^v' black lines, the perpendicular lines to be not less than
one-sixteenth of an inch wide. In all ballots there shall be a per-
pendicular column of these squares, and in the ballot for general
officers, in the case of a candidate for governor or member of
assembly nominated by two or more political organizations, the
additional squares arranged horizontally as provided in subdivi-
sion three of this section. Xo voting squares shall be provided
in the blank spaces for written names.
The ballots bearing the same number at the s^ame election shall
t^'>nstitute a set of ballots.
Each political organization whose party name contains more
than eleven letters shall select an abbreviated form thereof con-
taining not more than eleven letters which shall be used upon the
ballot whenever the necessities of space shall so require. The
abbreviated form shall be certified at the same time and in the
same manner as party names are required to be certified. In
printing the names of candidates whose full names contain sixteen
letters or more not more than one name other than the surname
shall bo printed in full, and each candidate may indicate in
writing to the officer or officers charged with the duty of pre-
paring the ballots the form in which, subject to this restriction, his
name shall be printed. Jf o emblem shall occupy a space longer in
any direction than the voting square to which it relates.
In conformity with the foregoing provisions and with the pro-
visions of subdivision three of this section the face of the ballot
for general officers shall be substantially in the following form:
158 The Election Law
2. Ballots for presidential electors. The names of the presi-
dential electors of each party shall he printed in one column
indicating:
First. The electors at large, whose names shall be arranged in
the alphabetical order of the surnames; and
Second. The electors of each district, whose names shall be ar-
ranged in the numerical order of their district.
The columns shall be parallel to each other and shall be sepa-
rated by heavy black .lines. In addition to the party columns a
blank column with linos for writing shall also be provided in
which voters may write the names of candidates for presidential
electors not on the ballot and which shall be sufficient to contain
as many names as there are electors to be chosen. It shall be desig-
nated as the blank column and shall contain no voting spaces. At
the head of each party column shall be printed the party emblem ;
below this a blank circle three-quarters of an inch in diameter;
below this the party name in large type ; below this the names of
the candidates for president and vice-preeident ; and below this a
heavy line dividing the heading from the names of the presiden-
tial electors. Above the name of the first elector shall be printed
the words " presidential electors." The names of the presidential
electors shaU be printed in spaces on^uarter of an inch in
depth, except that the first space containing also the words " presi-
dential electors " shall be half an inch in depth. The spaces shall
be divided from each other by light horizontal lines. At the left
of the name of each elector shall be printed a voting space one-
quarter of an inch square, except the space opposite the first name,
which shall be half an inch in depth.
Each party circle shall be surrounded by the following instruc-
tions, plainly printed : " For a straight ticket, mark within this
circle/'
The columns for the presidential electors of independent bodies
shall be similar to the party columns except that above the emblem
in each column shall be printed the words " independent nomina-
tions " in large type like that used for the party names.
In the blank column the space occupied by the emblexu and
Ballots and Stationery 159
voting circle in the party column shall be occupied by the follow-
ing instructions, plainly printed : " In the column below, the
voter may write the name of any person for whom he desires to
vote whose name is not printed on the ballot." Below the line
dividing the heading from the blank spaces shall be printed, as in
the other columns, the words " presidential electors."
The columns shall be arranged upon the ballot as directed by
tie secretary of state, precedence, however, being given to the
several parties according to the number of votes for governor
po/Ied at the last preceding gubernatorial election.
On the stub at the top of the ballot shall bo printed in heavy
black type the following instructions :
*^ 1. To vote for all the electors of one party make a cross X
mark within the circle above the party column.
2. To vote for some, but not all, of the electors of one party
make a cross X mark in the square at the left of the name of e\'ery
candidate printed on tlie ballot for whom you derire to vote.
3. To vote for any candidate not on the ballot write his name
in the blank space provided therefor,
4. Mark only with a pencil having black lead.
5. Any other mark or any erasure or tear on the ballot renders
it void.
6. If you tear, or deface, or wrongly mark this ballot, return
it and obtain another."
3. Ballots for general officers. The names of all candidates
for any one office shall be printed in a separate section, and the
sections shall be in the customary order of the offices and shall
be numbered from one upward by a numeral printed in the upper
right hand comer of the section. The names of candidates shall
he printed in their appropriate section in such order as the board
of elections may direct, precedence, however, being given, except
as herein otherwise provided, to the candidate of the party which
pilled the highest number of votes for governor at the last pre-
i^eiling election for such officer, and so on. At the top of eac!i
section in the center shall be printed on one line the title of the
office. On the same line, to the left of such title and immediately
above the emblems and voting squares, there shall be printed a
160 The Election Law
direction as to the number of candidates for whom a vote may be
cast, which direction shall be punctuated by an exclamation point.
If two or more candidates are nominated for the same office for
different terms, the term for which each is nominated shall be
printed as a part of the title of the office. At the bottom of each
section as many separate spaces as there are candidates to be
elected shall be left blank in which the voter may write the names
of any candidates not on the ballot. Except as herein otherwise
provided with respect to a candidate for the office of governor or
of member of assembly who is nominated by more than one
political organization, there shall be printed on each line below
the top, in the following order, from left to right, the party
emblem, the voting square, the candidate's name and the name of
the party by which he is nominated. The width of the enclosure
containing the name of the candidate and of such party shall not
exceed three and one-half inches. In any case where a candidate
for public office is nominated by more than one political organiza-
tion, the party names and emblems shall appear in the order of
priority based on the relative number of votes cast for governor
by each organization at the preceding election of a governor. In
any such case, the emblems shall be arranged horizontally before
the voting square, beginning next to the square immediately pre-
ceding the name of the candidate with the emblem of the party
casting the highest number of such votes. When any candidate
for the office of governor or member of assembly is nominated by
more than one political organization, there shall be one voting
square, in the same horizontal row a^ the emblems, to the right
of each emblem before the name of a candidate so nominated for
such office. The final letter of the party name or names shall be
close to the right hand perpendicular line of the box, and any
space between the candidate's name and his party name or names
shall be filled with dotted or waved lines.
On the stub at the top of the ballot shall be printed tlio follow-
ing directions to the voter:
1. To vote for a candidate on this ballot make a single cross \
mark in one of the squares to the right of an emblem opposite ll:^
name.
Ballots and Stationery 161
2. To vote for a candidate not on this ballot write his name on
a blank line under the candidates for that office.
3. Mark only with a pencil having black lead.
4. Any other mark, erasure or tear on this ballot renders it
void.
5. If you tear, or deface, or wrongly mark this ballot, return it
it and obtain another.
In direction number one the words " right " and " emblem "
shall be underlined. , [As amended hy chap. 821, Lan^s of 1913,
chap. 244, Loavs of 1914, and chap. 537, Lams of 1916.]
§ 332. Form of ballot for questions subsiitted. The
reading form of each proposed constitutional amendment or other
question submitted as provided in section two hundred and ninety-
five of this chapter shall be printed in a separate section. At the
left of each question shall appear two voting squares, one above
the other, each at least one-half inch square. At the left of the
upper square shall be printed the word " Yes," and at the left of
the lower square shall be printed the word " Xo." On the stub
at the top of the ballot shall be printed the following directions
to the voter:
1. To vote " Yes " on any question make a cross X mark in
the square opposite the word '* Yes."
2. To vote *' No," make a cross X mark in the square opposite
the word " No."
3. Mark only with a pencil having black lead.
4. Any other mark, erasure or tear on the ballot renders it void.
5. If you tear, or deface, or wrongly mark this ballot, return it
and obtain another.
The questions shall be numbered consecutively on the face of
the ballot, and on the back of each voting section shall bo printed
the number of the question which it contains.
So far as possible the ballots upon town propo.>^itions shall con-
form to the directions herein contained respecting the ballot on
constitutional amendments and questions submitted.
All ballots for the submission of town propositions for raising
«.r nnpropri.ating money for town purposes, or for incurrindj'a town
' 6 *
102 The Election Law
liability, to be voted at any town meeting in any town, shall be
separate from all other ballots for the submission of other proposi-
tions or questions to the electors of such town to be voted at the
same town meeting or election. Such ballots shall be indorsed
'' ballot upon town appropriations." [As amended hy chap. 821,
Tmjws of 1913.]
§ 333. Sample ballots, instruction cards and sta-
tionery. Sample ballots of each kind equal in number to
twenty-five per centum of the number of official ballots provided
therefor, shall also he provided. for every polling place for which
official ballots are required to be provided. Such sample ballots
shall be printed on paper of a different color from any of the
official ballots and without numbers on the stubs, but shall, in all
other respects, be precisely similar to the official ballots to be voted
at that polling place. One of each kind of such sample ballots
shall, at any time on the day of election, be furnished upon appli-
cation to any voter entitled to vote at that polling place, and may
be taken by him away from such polling place before receiving his
official ballot or ballots.
Twelve instruction cards, printed in English, and twelve printed
in each of such other languages as the officer or officers charged
with providing them shall deem necessary, shall also be provided
for each such polling place, containing in clear, large type, full in
structions for the guidance of voters in obtaining ballots for votiii<;,
in preparing their ballots for deposit in the boxes, in retumin.^
their ballots to the ballot clerks, and in obtaining new ballots u
place of those returned, and, in smaller type, a copy of each ol
the sections of the penal law relating to crimes against the elect ivi=
franchise. There shall also be provided two poll books, a suitable
number of markers, designated as '' distance markers," to indicate
the distance of one hundred feet from the polling place, a sufficient
supply of all blanks and forms which are needed by the election
officers, heavy manila envelopes for returns and excess ballot**,
labels, sealing wax, pencils having black lead only, pens, pen-
holders, blotting paper and red and black ink. All such article ^
Ballots and Stationeby 163
herein enumerated are hereby designated as '^ stationery/' [As
amended hy cJiap. 821, Laws of 1913.]
§ 334. Blank forms for election ofioers. 1. General
provisions. At each election at which official ballots shall be used
the officers charged with the duty of furnishing official ballots shall
furnish to the board of inspectors of each election district printed
blanks upon which the election officers shall make written returns
showing the performance of their duties as such officers. These
blanks shall include blanks for a return by the ballot clerks, tally
sheets for tallying the votes as canvassed, and blanks for a return
by the inspectors of the votes as tallied. There shall be furnished
for each election district three copies of each of the return sheet
blanks and two copies of each of the tally sheet blanks required at
that election district and no more. Each blank shall have at the
top in large letters a descriptive title according to the nature of
the blank. It shall also contain immediately under the title a head-
ing, showing the kind of election, whether special or general, the
date, the name of the county, and the number of the assembly dis-
trict and of the election district in which it is to be used. The
other printed matter to appear on the several blanks shall be as*
hereinafter provided.
2. Forms of returns and tally sheets. The return blanks and
tally sheet blanks shall be as nearly as possible in the forms here^
inafter provided, and all returns and tally sheets must be kept
and filled out according to the forms so provided and in accordance
with the instructions contained therein.
In printing the forms, the matter in brackets, [ ] being
instructions to the printers, is to be omitted. The printer shall
ulso omit the names and figures which are inserted in the forms
for the purpose of illustration.
A separate tally sheet shall be provided for each office or con-
stitutional amendment or question submitted for which votes are
to be canvassed.
3. Penalty for refusal to fill out returns and tally sheets. Any
election officer who shall willfully neglect or refuse to fill out
I
164 The Election Law
any return or tally sheet according to the directions of this chap-
ter shall be guilty of a misdemeanor. \_As amended by chap. 821,
Laws of 1913.] '
§ 335. Form of ballot clerk's return. The ballot clerk's
return shall be in the following form:
Ballots and Stationeby
165
General Election.
BALLOT CLERK'S RETURN.
County of
November 19
Assembly District.
, . Election District.
Total number of OfHcial Ballots for [General Officers] received.
Number cancelled before delivery to voters
Number spoiled and returned by voters
Number remaining unused
Number remaining to be accounted for in the ballot box
Number of detached stubs
Number of stubs on unused ballots
Total
2
25
288
N. B. This total must exactly equal the number of ballots received.
[Piepeat the foregoing form for a return of each additional kind of ballot.]
800
315
485
STATE OF NEW YORK,
COrXTY OF
J
The undersigned, being duly sworn, do depose and say, each for himself, that
they have actually counted the cancelled ballots, and the ballots spoiled and returned
by voters, and the detached stubs, and that the foregoing is a correct return of the
ballots delivered to us for the election held on the day of November,
10 , at the Election District in the
Assembly District in the County of , and of the disposition
thereof at such election.
Sworn to before me, this
day of November, 19
Inspector of Elections.
Ballot Clerk.
Ballot Clerk.
[As amended by chap. 821, Laws of 1913.]
166 The Election Law
§ 337. Forms of return and tally of votes east for
presidential electors.
1. Ketum. The official return of votes cast for presidential
electors shall be in the following form:
Baxlots ajscd Stationery
167
OFHOAL RETURN of votes cast for PRESIDENTIAL ELECTORS.
General Election.
November 19
County of
Assembly District.
. . Election District.
Number of ballots voted was:
Straight Ballots:
For [Republican] candidates
For [Democratic] candidates
[Print the names of the parties in the order
in which they appear on the ballot.]
SpUt Ballots
Ballots wholly blank (no vote being cast thereon for any candidate)
Void Ballots (no vote being counted thereon for any candidate) ....
Total
N. B. Thia total must exactly equal the number of ballots voted.
The candidates named below received the number of votes bet opposite their
respective names:
NAME
NCMBEB
OF
TOTB8
[Republican]
Electors
NAME
NUHBEB
OF
VOTES
NAME
NUMl B
or
VOTEB
[Democratic]
Electors
Candidates not
on the ballot
(Write in Names)
[Print the groups, and also the names in the groups, in the order in which
they appear on the Ballot.]
The number of blank, void and protested ballots was:
The number of ballots taken from the ballot box by the chairman as excess ballots
and placed with the spoiled and mutilated ballots, was:
STATE OF NEW YORK,
COUNTY OF
I »«.:
The undersigned, being duly sworn, do depose and say, each for himself, that the foregoing
is a correct return of the ballots cast for presidential electors at the election held on the
day of November, 10 , at the Election District in the
Aaaembly District in the County of
8wom to before me this Inspector.
day of November, 19 . Inspector.
Inspoctoi .
Innpectoi .
Poll Clerk .
Ballot Clerks. Poll Clerk.
N. B. To two out of the three returns tally sheets must be annexed.
188 Thb Election Law
m
2. Tally. The official tally of votes cast for presidential elect-
ors shall be in the following foim: [As amended hy chap. 821,
Laws of 1913.]
Ballots AND Stationeby 169
§ 338. Fornts of return and tally of votes for officers
other than, presidential eleotors*
1. Return. The official return of votes for officers other than
presidential electors shall be substantially in the following form
with appropriate changes to indicate the vote for governor of each
separate party or independent body by whom a candidate therefor
was nominated:
OFPIQAL RETURN Of Votes cast for [General offlcers].
General Election. County of
Anembly District.
November 19 Election District.
Return of votes cast for office of [Governor].
Total Number of Ballots Voted:
Number to be elected to said office:
Total number of Votes to be canvassed:
For the office of the candidates named below received the
number of votes set opposite their respective names.
[Print here the pameB of the candidates as they appear on the ballot, with six
lines in addition for names to be written in and if a candidate for governor
was nominated by more than one political organisation, repeat the candi-
date's name as many times as he was nominated, inserting the vote of each
party or independent body separately.]
Blank Votes
Void Votes
Total
[Repeat the foregoing return for each office.]
The number of blank, void and protest^ ballots was:
The number of ballots which were taken from the ballot box by the chairman as excess
ballots and placed with the spoiled and mutilated ballots, was:
V M.:
STATE OF NEW YORK.
COUNTY OF
The undersiicned, being duly sworn, do depose and say, each for himself, that the foregoing ia
a owrcct return of the ballots cast for the above offices at the election held on the
day of 19 , at the Election District
io the Assembly District in the County of
Sworn to before me, this Inspector.
day of November, 19 . Inspector.
Inspector,
Inspector.
Poll Clerk.
Ballot aerk. Poll Clerk.
N. B. To two out of the three returns tally sheets must be annexed.
170 The Election Law
2. Tally. The official tallies of votes cast for officers other than
presidential electors shall be in the following form with appro-
priate changes to indicate, where a candidate for governor was
nominated by more than one political organization^ the separate
vote cast by each party or independent body for such candidate.
[As amended by chap. 821, Laws of 1913.]
§ 339. Forms of retiix*n and tally of votes upon
questions submitted.
1. Return. The return sheet of votes upon constitutional
amendments or other questions submitted, including town proposi-
tions and town appropriations, shall be in all respects like tho
form provided by this section for the return of votes for officers
except in the following particulars:
(a) At the top of the sheet shall be printed the words " Official
return of votes cast on (constitutional amendments, questions sub-
mitted, town propositions, or town appropriations, as the case may
be)."
(b) Below the heading, in place of the words, " Return of
votes cast for office of ," shall be printed the words,
*^ Return of votes cast on question number (one) relating to (here
give brief description)."
(c) The words " Number to be elected to said office," and
" Total number of votes to be canvassed," shall be omitted.
(d) In place of the words '' For the office of the candi-
dates named below received the number of votes set opposite their
respective names," shall be printed the words, " Upon question
number (one) relating to (here give same description as above
directed) votes were cast as follows:
Votes in favor ^
Votes against
(e) The verification shall be so modified as to state that the
return is of ballots cast on constitutional amendments and ques-
tions submitted.
2. Tallv. The tally sheet for constitutional amendments or
other questions submitted shall be in all respects like the form
provided by this section for the tally of votes for officers except
in the following particulars :
(a) At the top of the sheet shall be printed the words : " Offi-
cial tally of votes cast on question number one " (or other brief
designation).
(b) The matter at the top of the tally sheet, except the title, the
Ballots and Stationery 171
blanks to be filled in for the purpose of specifying the dat« and
place of election, and the words, " Total number of votes to be
canvassed," shall be omitted.
(c) In place of the candidates' names in theleft hand column
shall be printed the words " For (or against, as the case may be)
question Xo. (or other brief designation)."
(d) The lines of tally squares left on the form herewith printed
for names of candidates not on the ballot shall be omitted.
(e) The fourth instruction for tallying shall read as follows:
" 4. Tally once for each vote, whether counted for or against the
question, or blank, or void."
We certify that the foregoing statement is correct.
Dated this day of November,
Board of Inspectors.
[As amended by chap. 821, Laws of 1913.]
§ 340. Number of official ballots. The number of
official ballots of each kind to be provided for each polling place
for each election to be held thereat, except a village election held
at a different time from a general election, shall be one and
one-fourth times as many ballots as near as may be as there
were names of voters on the register of voters of such district for
such election at the close of the final regular 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-fourth times as many official ballots of each kind to be pro-
vided for such election as there are voters entitled to vote thereat,
as nearly as can be estimated by such officer or board. 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, shnll
be one and one-fourth times the number of persons who will bo
entitled to vote thereat, as nearlT as can be estimated by the officer
charged with the duty of providing eiaeh ballots. [As amended by
chap. 820, Laws of 1913.]
% 341. OAcem providiiis ballots aad atationery-
The county clerk, in each of the counties of Oneida and Broome,
172 The Electiox Law
the commissioner of elections in any county having one coinmis-
sioner of elections, the board of elections in every other county
except a county within the city of Xew York, and in any such
county the hoard of elections of such city, shall pro^nde the
requisite number of official and sample ballots, cards of instruc-
tion, two poll books, distance markers, two tally sheets of each
kind, three return blanks of each kind, pens, penholders, red and
black ink, pencils having black lead, blotting paper, sealing wax
and such other articles of stationery as may be necessary for the
proper conduct of the election and the canvass of the votes, for
each election district in the countv, for each election to be held
thereat, except that when town meetings, city or village elections
and elections for school officers are not held at the same time as a
general election, the clerk of such town, city or village, respec-
tively, shall provide such official and sample ballots and stationers-
for such election or town meeting. If the town meeting is held
on general election day ballots and sample ballots for town prop-
ositions and official and sample general ballots on which town offi-
cers only are to be voted for shall be provided by the town clerk
in like manner and in the same form as at a town meeting held at
any other time, and such town clerk shall also furnish return
blanks for making returns on town propositions or questions and
for making returns of votes cast for candidates for town officers
at such an election, and the expense of furnishing such ballots,
sample ballots and return blanks shall be a town charge. And
the board of elections of the city of Xew York shall provide such
articles for each election to be held in said city. [Amended hi^
chap. 649, Laws of l^ll, chap. 821, Laws of 1913, and chap.
454, Laivs of 1916.]
§ 3. The board of elections in each of the counties of Oneida
and Broome is hereby abolished, and the terms of office of the
members of any such board shall expire, and the powers, duties,
offices and employment of such members and of the subordinates
of such board shall cease and determine when this act takes effect.
This act shall not affect any pending matter pertaining to the
powers and duties of the board of elections of either of such coun-
ties under the election law, nor affect the running of time with
respect to any matter or proceeding provided for in such law.
Any such pending matter shall be continued and disposed of by
the county clerk of the proper county. [Added hy chap. 454,
Laws of 1916.]
Ballots and Stationery 173
§ 342. Publie inspection of ballots. Each officer or
board charged with the duty of i)roviding 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, imless 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 kin^ to be voted in his
district to each qualified elector who shall apply therefor, so that
each elector who may desire the same may obtain a sample bal-
lot similar, except as regards color and the number on the stub,
to the official ballot to be voted at the polling place at which
he is entitled to vote.
§ 343. Distribntion of ballots and stationery. The
board of elections of each county, except those counties which
are whollv within the citv of !Jfew York, shall deliver at
its office to each town or city clerk in such county, except in
Xew York city and in the city of Buffalo, on the Saturday
before the election for which they are required, the official
and sample ballots, cards of instruction and other stationery
required to be provided for each polling place in such town
or citv for such election. It is herebv made the dutv of each
t^ at
such town or city clerk to call at the office of such board of elec-
tions at such time and receive such ballots and stationerj'. In
the cities of Xew York and Buffalo the board or officer required
to provide such ballots and stationery shall cause them to be
delivered to the board of inspectors of each election district at
least one-half hour before the opening of the polls on each day
of election. Each kind of official ballots shall be arranged in a
package in the consecutive order of the numbers printed on the
stubs thereof, beginning with number one. All official and sample
ballots provided for such election shall be in separate sealed pack-
ages, clearly marked on the outside thereof with the number and
kind of ballots contained therein and indorsed with the designation
• So in original.
1
174 The Election Law
of the election district for which they were prepared. The instruc-
tion cards and other stationery provided for each election district
shall also be inclosed in a sealed package or packages, with a
label on the outside thereof showing the contents of each such
package. Each such town and city clerk receiving such packages
ehall cause all sucli packages so received and marked for any
election district to be delivered unopened and with the seals there-
of unbroken to the inspectors of election of jsuch election district
one-half hour before the opening of the polls of such election
therein. The inspectors of election receiving such packages shall
give to such town or city clerk, or board, delivering such packages
a receipt therefor specifying the number and kind of packages
received by them, which receipt shall be filed in the office of such
clerk or board. Town, city and village clerks required to pro-
Vide the same for to^vn meetings, city and village elections held at
different times from a general election, shall in like manner,
deliver to the inspectors or presiding officers of the election at
each polling place at which such meetings and elections are held,
respectively, the official ballots, sample ballots, instruction cards
and other stationery, required for such election or town meeting,
respectively, in like sealed packages marked on the outside in like
manner, and shall take and file receipts therefor in like manner
in their respective offices. [Amended hy chap. 537, Laws of
1016.]
§ 344. Errors and omissions in ballots. Upon
affidavit, presented by any voter, that an error or omission
has occurred in the publication of the names or description of
the candidates nominated for office, or in the printing of sample
or official ballots, the supreme court, or a justice thereof, ma%
make an order requiring the board of elections or other officer or
board charged with the duty in respect to which such error or
omission occurs to correct such error, or show cause why such
error should not l>e corrected. The board of elections or such
other officer or board shall, upon his own motion, correct without
delay any patent error in the ballots which they may discover, or
which shall be brought to their attention, and which can be cor-
re(*ted without interfering with the timely distribution of the bal-
lots to the inspectors for use at such election. [Amended hii
chap. 537, Laws of 1916.]
8 345. Unofficial ballots. If the official ballots required
to be furnished to any town or citv clerk, or board, shall not be
Conduct of Elections; Canvass 175
delivered at the time required, or if after delivery shall be lost^
destroyed or stolen, the clerk of such town or city, or such board,
shall cause other ballots to be prepared as nearly in the form
of the official ballots as practicable, but without the indorsement
and upon the receipt of ballots so prepared from such clerk or
board, accompanied by a statement under oath tiiat the same
have been so prepared and furnished by him or them, and that
the official ballots have not been so delivered, or have been so
lost, destroyed or stolen, the inspectors of election shall cause
the ballots so substituted to be used at the election in the same
manner, as near as may be, as the official ballots. Such ballots
so substituted shall be known as unofficial ballots.
^ARTICLE 10
Conduct of Elections and Canvass of Votes
Section 350. Opening the polls.
361. Persons within the guard-rail.
352. Watchers; challengers; electioneering.
353. General duties of inspectors.
354. General duties of ballot clerks.
355. G^eral duties of poll clerks.
356. Delivery of ballots to voters.
357. Assistance to disabled or illiterate voters.
358. Preparation of ballots by voters.
359. Manner of voting*
360. When unofficial ballots may be voted.
361. Challenges.
362. Preliminary oath.
363. General oath and additional oaths.
364. Kecord of persons challenged.
866. Time allowed employees to vote.
366. Canvass of votes; preparation for canvass.
367. Comparing poll books anfl registers; verifying num-
ber of ballots.
368. Method of canvassing.
369. Objections to the counting ; disposal of ballots.
370. Proving the tallies.
371. General provisions as to canvass.
372. Statement of canvass to be delivered to police.
373. Returns of canvass.
*As renumbered by chap. 800, Laws of 1913.
176 The Election Law
Section 374. Preservation of ballots.
375. Proclamation of result.
376. Sealing statements.
377. Delivery and filing of papers relating to the elec-
tion; general provisions.
378. Delivery and filing of papers in the city of New
York.
879. ^^ Additional requirements in the metropolitan elec-
tions district.
380. Delivery and filing of papers in the county of Erie.
381. Judicial investigation of ballots.
§ 350. 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 oflScial
ballots are required to be provided, and shall proceed to arrange
the space within the guard-rail and the furniture thereof, includ-
ing 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, voters; the box for the stubs of voted and
spoiled ballots ; the sealed packages of official ballots, sample bal-
lots and instruction cards and distance markers, poll books, tally
sheets, return blanks and other stationery required to be delivered
to them for such election ; and if it be an election at which regis-
tered voters only can vote, the register of such voters required to
be naade and kept therefor.
The inspectors shall thereupon open the sealed packages of in-
struction cards and cause them to be posted conspicuously, at least
one, and if printed in diff,erent languages, at least one of each
language, in each of the voting booths of such polling place, and
at least three of each language in which they are printed in or
about the polling place ; shall open the sealed packages of official
ballots and sample ballots, and place them in charge of the ballot
clerks, and shall place the poll books in charge of the poll clerks,
and shall cause to be placed at a distance of one hundred feet
from the polling place the visible markers designated herein as
17 Section repealed by chap. 649, Laws of 1911.
Conduct of Elections; Canvass 177
" distance markers," to prohibit " loitering or electioneerinr "
within such distance. They shall also, before any ballots arc cast,
see that the voting booths are supplied with pencils having Llack
lead only, unlock the ballot boxes, see that they are empty, allow
the watchers present to examine them, and shall lock them up
again while empty in such manner that the watchers present and
persons just outside the guard-rail can see that such boxes are
empty when they are relocked.
After such boxes are so relocked they shall not be unlocked
or opened until the closing of the polls of such election, and, except
as authorized by law, no ballots or other matter shall be placed
in them after they are so relocked and before the announcement
of the result of such canvass and the signing of the original state-
ment of canvass and the two certified copies thereof. The instruc-
tion cards and distance markers posted as provided by law shall
not be taken down, torn or defaced during such election. The
ballot clerks with the official and sample ballots, the inspectors
with such boxes and register of voters, and the poll clerks with
their poll books, shall be stationed as near each other as prac-
ticable within such inclosed space. One of the inspectors shall
then make proclamation that the polls of the election are open,
and of the time in the afternoon when the polls will be closed.
§ 351. Persons "aritMn the snA^d-rail. From the
time of the opening of the polls until the announcement of the
reeiilt of the canvass of the votes cast thereat, and the signing
of the official returns of such canvass and the copies
thereof, the boxes and all official ballots shall be kept within
the guard-rail. Ko 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, and persons duly admitted for
the purpose of voting ; provided, however, that candidates for pub-
lic office voted for at such polling place may be present at the
canvass of the votes.
§ 352. Watchers; challengers; electioneering. Each
political party or independent body duly filing certificates of nom-
ination of candidates for offices to be filled at any such election,
may, by a writing signed by the duly authorized county, city, town
or village committee of such political party or independent body,
or by the chairman or secretary thereof charged with that duty, and
delivered to and filed with one of the inspectors of election, appoint
178 The Election Law
not more than two watchers to attend each polling place thereof.
Such committee, chairman or secretary thereof for a city, county,
toMTi or village shall not appoint watchers for any polling place
outside of such city, county, town or village, respectively. Each
watcher must be a qualified elector of the county in which the
election district for which he is appointed a watcher shall be
located, provided that women who are citizens and residents of the
county, and of the age of twenty-one years, may act as watchers,
with full rights and privileges of such ofiice, at any election when-
ever held at which a woman suffrage constitutional amendment is
submitted to the voters except that but one woman watcher for, and
one woman watcher opposed to, the adoption of such amendment
shall be permitted in each election district. 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 returns of the canvass 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 of the guard-rail of each such polling place, where they can
plainly see what is done within such rail outside of the voting
booths, from the opening to the close of the polls thereat. Each
challenger must be a qualified elector of the county in which the
election district for which he is appointed a challenger is located.
Ko 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 during any
day of registration or of the election. \_As a/mended hy chap,
428, Laws of 1910, chap. 649, Laws of 1911, chap. 821, Laws of
1913, and chap. 242, Laws of 1914.]
§ 353. General duties of inspectors. One of the iu-
specters of election at each polling place shall be designated by
the board of inspectors of election to receive the ballots from the
voters voting; or if a majority of the inspectors shall not agree
in such designation, they shall draw lots for such position. If
it be an election for which voters are required to be registered,
the otlier inspectors shall, before any ballots are delivered by the
ballot clerks to a voter, ascertain whether he is duly registered.
Conduct of Elections; Canvass 179
The ballot clerks shall not deliver any ballot to such voter until
the inspectors announce that he is so registered. As each voter
votes, the inspectors shall check his name upon such register and
shall enter therein in the column provided therefor opposite the
name of such voter, the consecutive number upon the stub of the
ballot or set of ballots voted by him. The inspector shall forth-
with upon detaching the stub from any official ballot deposit the
same in the box provided for detached stubs.
§ 354. General dnties of ballot clerks. Ballot clerks
shall fold and deliver the ballots to voters. Ballots shall be de-
livered in numerical order beginning with number one. When
the ballots are in sets thev shall onlv be delivered in sets. If
a ballot is found to be defective or mutilated before it is de-
livered to the voter, its stub and the stubs of all other ballots in
the set shall immediately be detached and placed in the box for
stubs, and all the ballots of that set shall immediately be marked
" canceled " and placed in the box for spoiled and mutilated bal-
lots. If a voter returns a ballot as defective, mutilated, defaced,
or wrongly marked, he shall also return all the other ballots of
the set, if any, and the ballot clerks shall likewise remove their
stubs, placing all the stubs in the box for stubs and all the ballots
of the sot in the box for spoiled or mutilated ballots, first marking
the ballots " cancelled/' In each case the voter shall receive
another ballot, or set of ballots, unless not entitled thereto under
section three hundred and fifty-eight.
I'pon each delivery of official ballots, the ballot clerks shall
annoimce the voter's name and the number on the stub, and thev
shall make a similar annoimcement when any ballot is returned
to them.
The ballot clerks shall keep a record of all ballots deposited in
the box for spoiled and mutilated ballots. [^45 amended by chap.
821, Laws of 1913.]
§ 355. General duties of poll clerks. 1. Poll clerks
shall keep a record of the persons voting or offering to vote, and
tally the votes during the canvass thereof.
2. Each poll clerk at each polling place for which official
ballots are required to be provided shall have a poll-book for
keeping the list of electors voting or offering to vote thereat
at the election. Such book shall have eight columns headed re-
spectively: "Number of elector," "Names of electors," " Resi-
ISO • The Election Law
dence of electors," ^' Signature or statement number of elector,"
'^ Signatures compared by inspector," " Number on ballots de-
livered to electors," " Kimiber on ballots voted," and *' Remarks ;"
provided, however, that the columns for '^ Signature or state
ment number of elector " and " Signatures compared by the
insj>ector," when the poll-book is prepared for use in an elec-
tion district^ wholly outside of a city or village having five
thousand inhabitants or more, may in the discretion of the board
or officer supplying such books be omitted therefrom.
Previous to each delivery of an official ballot or set of official bal-
lots by the ballot clerk to an elector, each poll clerk shall enter
upon his poll-»book in the appropriate column the number of
the elect :^r, in the successive order of the delivery of ballots to
electors, 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 has no street nimiber, a brief description of the locality
thereof. The column headed " Signature or statement number of
elector," shall have printed above each horizontal line the words
" the foregoing statements are true," and any elector whose regis-
tration was required to be personal shall, previous to the receipt
of an official ballot, sign his name by his own hand and without
assistance, using an indelible pencil or ink, below the said words
in the poll-book kept by the poll clerk who shall be designated by
the chairman of the board of inspectors. No such signature shall
be required of an elector whose registration was not required to
be personal.
After an elector, whose registration was required to be per-
sonal, shall have so signed, and before an official ballot shall
be given to him, one of the inspectors other than the inspector
who receives the ballots from the electors shall compare the s^ig-
nature made in the poll-book with the signature theretofore
made by the elector in the registration book on registration day,
and if said signature is the same, or sufficiently similar to the
signature \^Titten on registration day, as to identify it as being
written by the same person who wrote the signature on registration
day, said inspector shall thereupon certify that fact by writing his
initials after such signature, in the column headed " Signatures
compared by inspector." The inspector who shall so certify shall
be chosen by lot by the board previous to the opening of the polls
on election day, and if said inspector so chosen shall absent him-
self during the day, the hoard of inspectors shall fill his place by
choosing by lot from the inspectors present another of the inspec-
CoxDUCT OF Elections; Canvass 181
tors other than the inspector who receives the ballots from the
electors.
If, on registration day, an elector whose registration was
required to be personal had alleged his inability to so
sign, then one of the poll clerks designated by the chairman of
the board of inspectors shall read the same list of questions to the
elector as were required to be read on registration days from a
book to be provided for election day, and to be known as ** identifi-
cation statements for election day," and said poll clerk shall write
the answers of the elector thereto. Each of these statements shall
be numbered and a number corresponding to the number on the
statement sheet shall be entered in the fourth column opposite the
name of such elector answering the questions. The questions
answered on registration day by the elector shall not be turned to
or inspected until all the answers to said questions shall have been
written down on election day by the poll clerk. Any person who
shall prompt an elector in answering any questions provided in
this subdivision shall be guilty of a felony.
At the bottom of each such list of questions shall be printed the
following statement : *^ I certify that I have read to the above
named elector each of the foregoing questions and that I have duly
recorded his answers as above to each of said questions," and said
poll clerk who has made the above record shall sign his name to
said certificate and date the same, and note the time of day of
making such record.
The comparison of the signature of an elector made on regis-
tration and election days, and a comparison of the answers made
by an elector on registration and election days, shall be had in
full view of the watchers, and the right to challenge electors shall
exist until the ballot shall have been deposited in the ballot box.
If the signature of the elector or the answers to the questions made
by the elector do not correspond, then it shall be the privilege
of the watchers and challengers to challenge and the duty of each
inspector to challenge, unless some other authorized person shall
challenge.
Each poll clerk in every election district of the state shall
enter upon his poll-book in the appropriate colunm the printed
number upon the stub of the ballots delivered to each elector, and
the number on the ballots voted bv him. If the ballot or set of
«
ballots delivered to anv elector shall be returned bv him to the
ballot clerk, and he shall obtain a new ballot or set of ballots, the
poll clerk shall write opposite his name on the poll-books, in the
182 The Election Law
proper column, the printed number on the stub of such ballot or
additional set of ballots. Each poll clerk shall make a memo-
randum upon his poll-book opposite the name of each person who
shall have been challenged and taken either of the oaths pre-
scribed 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 for
such assistance bv the elector assisted. As each elector offers his
c.
ballot or set of ballots which he intends to vote to the inspector,
each poll clerk shall report to the inspector whether the number
entered on the poll-book kept bv him as the number on the ballot
or set of ballots last delivered to such elector is the same as the
number on the stub of the ballot or set of ballots so offered. As
each elector votes, each poll clerk shall enter in the proper col-
umn on his poll-book the number on the detached stub of the
ballots voted, f^l^ amended by chap, 428, Laws of 1910, chap.
649, Laws of 1911, chap. 821, Laws of 1913, amd chap. 537,
Laws of 1^1^.1
§ 356. Delivery of ballots to voters. While the polls
of the election are open, the voters 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 voters as there are voting booths thereat,
in addition to the persons lawfully within such guard-rail for
other purposes than voting. The voter shall enter within the
guard-rail through the entrance provided, and shall forthwith
proceed to the inspectors and give his name, and. if in a city or
village of five thousand inhabitants or over, his residence by street
and number, or if it have no street number, a brief description
of the locality thereof, and if required by the inspectors shall
state whether he is over or under twenty-one years of age. One
of the inspectors shall thereupon announce the name and residence
of the voter in a loud and distinct tone of voice. No persons
shall be allowed to vote in any election district at any election
where voters 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 voter is en-
titled to vote thereat and is not challenged, or if chal-
lenged and the challenge be decided in his favor, one of the ballot
Conduct of ELECTionfs; Canvass 18.3
clerks shall then deliver to him one official ballot or a set of offi-
cial ballots, folded bj such ballot clerk in the proper manner
for voting, which is: First, by bringing the bottom of the ballot
ap to the perforated line, and second, by folding both sides to the
center, or towards the center, in siidh 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 that the stub can be removed without removing any
other part of the ballot, and without exposing any part of the face
of the ballot below the stub, and so that when folded the ballot
shall not be more than four inches wide,
Xo person other than an inspector or ballot clerk shall deliver
to any voter 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.
§ 357. Assistance to disabled or illiterate voters.
Any voter who shall, at the time of registration, have made oath
of physical disability or illiteracy, as prescribed by section one
hundred and sixty-four of this chapter ; or who, being duly regis-
tered in an election district where personal registration by all
voters id required by law, shall state under oath to the inspectors
of election on the day of election that, by reason of some accident,
the time and place of which he must specify, or of disease, the
nature of which he must also specify, he has, since the day upon
which he registered, lost the use of both hands, or become totally
blind, or afflicted by such degree of blindness as will prevent him,
with the aid of glasses, from seeing the names printed upon the
official ballot, or so crippled. that he can not enter the voting booth
and prepare his ballot without assistance ; or any voter in an elec-
tion district who is not required by law to personally register, who
18 unable to write by reason of illiteracy, or is physically disabled
in one or more ways described in section one hundred and sixty-
four of this chapter, and who shall make the statement under
oath to the inspectors in the form required in said section, may
choose two of the election officers, both of whom shall not be of
the same political faith, to enter the booth with him to assist
him in preparing his ballots. At any town meeting or village
election where the election officers are all of the same political
faith, any voter entitled to assistance as herein provided may
select one of such election officers and one voter of such town or
village of opposite political faith from such election officer so
selected, to render such assistance.
1S4 The Election Law
Such election ^officers or persons assisting a voter fiball not in
any manner request or seek to persuade or induce any such voter
to vote any particular ticket, or for any particular candidate,
and shall not keep or make any memorandum or entry of anything
occurring within such hooth, and shall not, directly or indirectly,
reveal to any other person the name of any candidate voted for
by such voter, or which ticket he has voted, except they be called
upon to testify in a judicial proceeding for a violation of this
chapter, and each election ofiicer, before the opening of the polls
for the election, shall make oath that he " will not in any manner
request, or seek to persuade, or induce any voter to vote any par-
ticular ticket or for any particular candidate, and that he will not
keep or make any memorandum or entry of anything occurring
within the booth, and that he will not, directly or indirectly, reveal
to any person the name of any candidate voted for by any voter, or
which ticket he has voted, or anything occurring within the voting
booth, except he be called upon to testify in a judicial proceed-
ing for a violation of the election law/' The same oath shall be
taken by every voter rendering such assistance, as provided for
above, and any violation of this oath shall be a felony punishable
upon conviction by imprisonment in a state prison for not less
than two nor more than ten years.
No voter shall otherwise ask or receive the assistance of any
person within the polling place in the preparation of his ballot,
or divulge to any one within the polling place the name of any
candidate for whom he intends to vote or has voted,
§ 358. Preparation of ballots by voters; intent of
voters. On receiving his ballot the voter shall forthwith and
without leaving the inclosed space retire alone, unless he be one
that is entitled to assistance in the preparation of his ballot, to
one of the voting booths, and without undue delay unfold and
mark his ballot as hereafter prescribed. Xo voter shall l>e
allowed to occupy a booth already occupied by another, or to
occupy a booth more than five minutes in case all the booths are
in use and voters waiting to occupy the same.
It shall be unlawful to deface or tear an oflScial ballot in any
manner; or to erase any printed line, letter or word therefrom;
or to erase any name or mark written thereon by a voter. If a
voter wrongly mark, deface, or tear a ballot or one of a set of
ballots, he may successively obtain others, one set at a time, not
• So in original.
CoxDUCT OF Elections; Canvass 185
exceeding in all three sets, upon returning to the ballot clerks each
set of ballots already received.
The voter shall mark his ballot with a pencil having black lead
as follows and not otherwise :
1. To vote for any candidate on any ballot, except for an entire
group of presidential electors by means of a single mark as here-
inafter provided, he shall make a cross X mark in the voting
square at the left of the candidate's name.
2. To vote for any candidate not on the ballot, he shall write
the candidate's name on a line left blank in the appropriate place.
3. To vote for an entire group of presidential electors, nomi-
nated by any party, he shall make a cross X mark in the circle
above the party column. If, on a ballot for presidential electors,
the voter shall make such mark in the circle above a party column
and also before the name of a candidate in such column, or in the
voting squares before the names of two or more candidates in such
column, without making a voting mark in any voting square of
another column and without writing in any name, such individual
voting marks shall be treated as surplusage and his vote shall be
deemed to have been cast for all of the candidates whose names
appear in the party column below such circle. If, however, a
ballot for presidential electors shall be so marked in a party circle
and in one or more voting squares in the column under such circle
and also in any voting square or squares in another column or
columns or a name or names be also written in, the vote on a
ballot so marked shall only be counted for the candidates so spe-
cially indicated.
4. If, on a ballot for presidential electors, the voter shall make
a cross X mark in the circle above a party column, and no voting
mark in any voting square of the same column, and shall also
make a cross X mark in the voting square before the name of a
candidate in another party column, or in such squares before the
names of two or more candidates in one or more of such other
party columns, or writes in a name or names, he shall be deemed
to have voted for the candidates whose names are thus specially
indicated and also for all of the candidates whose names appear
in the column below the circle containing such mark, except those
whose names are printed in the latter column on a horizontal line
with the names so specially indicated ; provided, however, that if
the voter shall make a cross X mark in the circle above a party
column and also cross X marks in voting squares before any two
or more names on the same horizontal line or write a name in a
186 The Election Law
blank space on a horizontal line with one or more names so indi-
vidually marked, his vote shall be counted only for candidates for
the office of presidential elector which, by individual voting marks
or by writing, he shall have specially indicated, though there be
no such marks in the cohmm under such circle.
5. To vote on any constitutional amendment or question sub-
mitted, he shall make a cross X mark in the appropriate voting
square at the left of the question as printed on the ballot.
A cross X mark shall consist of any straight line crossing any
other straight line, at any angle, within a circle or voting square.
Anv mark other than a cross X mark or anv erasure of any kind
shall make the whole ballot void; but no ballot shall be declared
void because a cross X mark thereon is irregular in form.
Anv ballot which is defaced or torn bv the voter shall be void.
If a voter shall do any act extrinsic to the ballot itself, such as
inclosing any paper or other article in the folded ballot, such
ballot shall be void. If the elector marks more names than there
are persons to be elected to an office, or if for any other reason it
is impossible to determine the elector's choice of a candidate for
an office to be filled, his vote shall not be counted for such office
but shall be returned as a blank vote for such office. Where, in
the case of a candidate for governor or member of a!='sembly, the
candidate is nominated by two or more political organizations, and
the voter makes a cross X mark in two or more voting spaces or
squai'es, his vote for such candidate shall be counted, but he
shall not be recorded in the tally sheet or returns as voting with
any particular party or independent body for such candidate.
[.4.S' amended hj/ chap, 29(), Laws of 1911, chap. 821, Laws of
1913, and cAap.' 537, Laws of 1916.]
§ 359. Manner of voting. When the ballot or ballots
which a voter has received shall be prepared as provided in the
preceding section, he shall leave the voting booth with his ballot
folded so as to conceal the face of the ballot, but show the indorse-
ment and fac simile of the 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
voter 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
voter 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
Co:sDUCT OP Elections; Canvass 187
or tear visible on the outside thereof, except the printed number
on the stub and the printed indorsement on the back, and if such
printed number is the same as that entered on the poll books as the
number on the stub or stubs of the official ballot or set of ballots
last delivered to him by the ballot clerks, such inspector shall re-
ceive such ballot or ballots, and after removing the stub or stubs
therefrom in plain view of the voter, and without removing any
other part of the ballot, or in any way exposing any part of the
face thereof below the stub, shall deposit each ballot in the proper
ballot box for the reception of voted ballots, and the stubs in the
box for detached ballot stubs. Upon voting, the voter shall forth-
with pass outside the guard-rail unless he be one of the persons
authorized to remain within the guard-rail for other purposes
than voting.
Xo ballot without the official indorsement shall be allowed to be
deposited in the ballot box except as provided by sections three
hundred and forty-five and three hundred and sixty of this chap-
ter, and none but ballots provided in accordance with the pro-
visions of this chapter shall be counted. 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
f^uard-rail until after he shall have delivered back all such ballots
received by him either to the inspectors or to the ballot clerks,
and a violation of this provision is a misdemeanor.
When a person shall have received an official ballot from the
ballot clerks or inspectors, as hereinbefore provided, he shall be
deemed to have commenced the act of voting, and if, after receiv-
ing such official ballot, he shall leave the space inclosed by the
guard-rail before the deposit of his ballot in the ballot box, as
hereinbefore provided, he shall not be entitled to pass again within
the guard-rail for the purpose of voting, or to receive any further
ballots.
§ 360. Wlien naoffloial ballots may be voted. If,
for any cause, the official ballots shall not be provided as re-
quired by law at any polling place, upon the opening of the polls
of an election thereat, or if the supply of official ballots shall be
exhausted before the polls are closed, unofficial ballots, printed or
written, made as nearly as practicable in the form of the official
ballot, may be used.
§ 361. Clialleiises. A person may be challenged either
when he applies to the ballot clerk for official ballots, or when ho
188 The Electiox Law
offers to an inspector the ballot he intends to vote, or previously by
notice to that effect to an inspector by any elector. It shall be
the duty of each inspector to challenge every person offering to
vote whom he shall know or suspect not to be duly qualified as
an elector, and every person whose right to register as an elector
was challenged at the time of registration, provided such chal-
lenge has not previously been withdrawn. In addition to the
foregoing any person may be challenged by any duly appointed
watcher or challenger either when he applies to the ballot clerk
for official ballots or when he offers to an inspector the ballot he
intends to vote or previously by notice to that effect to an inspector.
Whenever a person shall apply to the board of inspectors on
election day to vote upon the name of a person whose right to
register as an elector was challenged, it shall be the duty of the
chairman of the board of inspectors or some member of .such
board to administer to such applicant the preliminary oath
prescribed in the next section, and to read to such applicant
each question upon the copy of the challenge affidavit signed at
the time of registration by the person upon whose name the ap-
plicant desires to vote, and the inspectors and watchers shall
compare the answers given to such questions with the answers re-
corded thereto upon the copy of said challenge affidavit, and shall
carefully compare the description of the person challenged at the
time of registration recorded upon the copy of the challenge affi-
davit with that of the applicant. If there shall be any material
difference or conflict between the answers given by the applicant
and the answers recorded upon the copy of the challenge affidavit
to the questions f)rinted thereon, or in the description of the per-
son challenged and the applicant, or if the applicant shall refuse
to answer any question put to him, or shall refuse to make such
oath, his vote shall not be received and the facts thereof shall l>e
recorded in each such case in the challenge record provided for in
section three hundred and sixty-four. [As amended hy chap,
428, Lairs of 1910, chap. 649, Laws of 1911, and chap, 537, Laws
of 1916.]
§ 362. Preliminary oath. If any person other than those
persons heretofore provided for offering to vote at any election
shall be challenged in relation to the right to vote thereat, one of
the inspectors shall tender to him the following preliminary oath :
" You do swear (or affirm) that you will fully and truly ansiiver
all such questions as shall be put to you touching your place of
residence and qualification as an elector."
Conduct of Elections; Canvass ISO
The inspectors or one of them shall then question the person
challenged in relation to his name ; his place of residence before
he came into that election district; his then place of residence;
his citizenship ; whether he be a native or naturalized -citizen, and
if the latter, when, where, and in what court, or before what
officer he was naturalized; whether he came into the election
district for the purpose of voting at that election; how long he
contemplates residing in the election district; and all other mat-
ters which may tend to test his qualifications as a resident of
the election district, his citizenship, or his right to vote at such
election at such polling place and in addition to the foregoing
provisions, the inspectors or one of them shall ask the person
challenged the same questions that were asked of him when ho
registered. A challenge made by any elector or by any duly ap-
pointed watcher or challenger must be acted upon by the board
of inspectors as provided in this section. If any person shall
refuse to take such preliminary oath when ?o tendered, or to
answer fully any such question which may be put to him, his
vote shall be rejected. After receiving the answers of the per-
son so challenged, the board of inspectors shall point out to him
the qualifications, if any, in respect to which he shall appear to
them deficient. \^As amended hy chap. 428, Laivs of 1910, and
chap. 649, Latvs of 1911.]
§ 363. General oath and additional oaths. If the
person so offering to vote shall persist in his claim to vote,
and the challenge be not withdrawn, one of the in-
spectors shall then administer to him the following general oath:
" You do swear (or affirm) that you are twenty-one years of
age, that you have been a citizen of tlie 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 tliat you have not voted at this election."
If the person bo offering to vote shall be challenged for causes
stated in section two of article tw^o 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,, es a
compensation or reward for the giving or withholding of
190 The Election Law
a vote at this election, and have not made any promise to influence
the giving or withholding of any such vote, and that you have not
made, or become directly or indirectly interested in any bet or
wager depending upon the result of this election."
If the person so offering to vote shall be challenged on the
ground of having been convicted of bribery or any infamous crime,
the following additional oath shall be administered to him by one
of the inspectors:
" You do swear (or affirm) that you have not been convicted
of bribery or any infamous crime, or if so convicted, that you
have been pardoned and restored to all the rights of a citizen."
If any person shall refuse to take either oath so tendered his
vote shall be rejected, but if he shall take the oath or oaths ten-
dered him, his vote shall be accepted.
§ 364. Record of persons challenged* l. The in-
spectors 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 chal-
lenged at such election in such district.
2. In cities and villages having a population of five thousand
or more, in addition to the foregoing record, the chairman of each
board of inspectors shall, immediately after any election or pri-
mary, return to every public officer who has filed with him or a
member of his board a list of voters to be challenged, such chal-
lenge list with a written statement opposite each name, giving the
reason, if the name was voted on, why the board permitted any
person to vote thereon, or, if some person applied to vote thereon
and was challenged and did not vote, the words *^ challenged and
did not vote ; " or if no person applied to vote on such name, the
words *^ no application." Before making such return such chair-
man shall sign his name at the foot of each page of such challenge
list. \As amended by chap. 678, Laws of 1915, and chap. 537,
Lmirs of 1916.]
§ 365. Time alloiXT'ed employees to vote. Any person
entitled to vote at a general election held within this state,
shall on the day of such election be entitled to absent himself
Conduct of Elections; Canvass 191
from any service or employment in which he is then engaged or
employed, for a period of two hours, while the polls of snch elec-
tion are open. If such voter shall notify his employer hefore
the day of such election of such intended absence, and if there-
upon two successive hours for such absence shall be designated
by the employer, and such absence shall be during such designated
hours, or if the employer upon the day of such notice makes
no designation, and such absence shall be during any two con-
eecutive hours while such polls are open, no deduction shall be
made from the usual salary or wages of such voter, and no other
penalty shall be imposed upon him by his employer by reason of
such absence. This section shall be deemed to include all em-
ployees of municipalities.
§ 366. Canvass of votes; preparation for eanvass.
1. Place and time of canvass. As soon as the polls of an election
are closed, the inspectors of election thereat shall publicly canvass
and ascertain the votes, and not adjourn or postpone the canvass
until it shall be fully completed.
The room in which such canvass is made shall be clearly lighted,
and such canvas3 shall be made in plain view of the public It
shall not be lawful for any person or persons, during the canvass,
to close or cause to be closed the main entrance to the room in
which such canvass is conducted in such manner as to prevent
innrress or egress thereby.
2. Ballot clerks. At the close of the polls the ballot clerks
shall make up in triplicate in ink a return which shall account for
all the official ballots furnished to the election district in which
they are serving; they shall count and verify the number of each
kind of unused ballots, and enter it upon their returns ; they shall
then open the box for ballots canceled before delivery and spoiled
and returned by voters, separate them into their several kinds,
count all ballots of each kind and enter the numbers upon their
returns. They shall make the additions and subtractions called
for by the returns and prove their figures. In making their re-
turns as aforesaid, the ballot clerks shall use the printed forms
supplied to them with the ballots, and they shall carefully insert
in all the blank spaces thereon the appropriate names, words and
figures according to the directions contained in article nine of this
chapter and printed on the forms.
Each kind of ballot and each kind of stub shall immediately
after they are counted as aforesaid be securely tied in a separate
192 The Election Law
package, and shall be plainly labeled, sealed, and returned to the
box from which it was taken, and the box securely locked and
sealed. The ballot clerks shall also securely tie all unused ballots
in a sealed package. They shall then sign and swear to their re-
turns before one of the inspectors and shall deliver their returns,
the boxes, packages, ballots and stubs, together with the keys of the
boxes, to the chairman of the board of inspectors. The ballots so
sealed and delivered shall bo deposited and preserved as ballot
boxes are hereinafter required to be deposited and preserved.
3. Poll clerks. Inmiediately upon the close of the polls the
poll clerks shall assist the inspectors of election in comparing the
poll-books with the registers as hereinafter provided, and shall
make out in triplicate in ink and sign and swear to their returns
before one of the inspectors of elections according to the forms
provided, and deliver them to the chairman.
4. Order of canvassing. The ballot boxes shall then, and not
before, be opened and the ballots shall be canvassed, in the follow-
ing order :
First. The box, if any, containing presidential ballots.
Second. The box, if any, containing general ballots ; and
Third. The boxes, if any, containing ballots upon constitutional
amendments or other questions submitted, including town ques-
tions. [-45 amended hy chap. 821, Laws of 1913.]
§ 367. Comparing poll-books and resisters; verify-
ing number of triillots. The board of inspectors shall com-
mence the canvass by comparing the two poll-books with the re<ri^-
ters used on election day as to the number of voters voting at the
election, correcting anv mistakes therein, and, after the ballot
clerks have delivered their returns to the chairman of the board,
and not before, by countinjj the ballots found in the 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 numl)er ehown by the poll-books and the balhit
clerks' returns to have been deposited therein.
If the ballots found in anv box shall be more than the nunil-er
of ballots so shown to have l-een deposited therein, such balK*ts
shall all be replaced, without being unfolded, in the box fr<»m
which they were taken, and s'lall be thoroughly mingled therein,
and one of the inspectors decimated by the board shall, without
seeing the same and with his 1 ick to the box, publicly draw out
as many ballots as shall be equd to such excess and, without un-
folding them, forthwitli inclose them in an envelope which \n.
CoxDUCT OF Electioxs; Canvass 193
shall then and there seal and indorse ^' excess ballots from the box
for ballots for (presidential electors, or general officers, et cetera,
as the case may be)," signing his name thereto, and such envelope
with the excess ballots therein shall be placed in the box for de-
fective or spoiled ballots.
If two or more ballots shall be found in the ballot box so folded
together as to present the appearance of a single ballot, and if
the whole number of ballots in such ballot box exceeds the whole
number of ballots shown by the poll books and ballot clerks' re-
turns to have been deposited therein, and not otherwise, they, or
enough of them to reduce the ballots to the proper number, selec-
tion to be made without examination of any voting mark thereon,
shall similarly be inclosed, sealed, indorsed and placed with the
spoiled ballots.
If, however, there lawfully be more than one ballot box for the
reception of ballots voted at the polling place, no ballot found in
the wrong ballot box shall for that reason be rejected, but shall be
placed in its proper box by the inspectors upon the count of the
ballots before tlie 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 showTi by the poll-books and ballot clerks'
returns to have been deposited in the pro^;or box.
Xo ballot that has not the official indorsement shall be counted
except such as are voted in accordance with the provisions of tl^is
chapter relating to unofficial ballots. [As amended by chap. 821,
Laws of 1913.]
§ 368. Method of canvassing.
1. Method of canvassing ballots generally. Except as herein-
after specially provided, tho method of canvassing ballots sliall bo
as follows:
The chairman of the board of inspectors sluill personally un-
fold each ballot of the kind then to be canvassed in such a manner
that its face shall be down and all marks thereon shall be wholly
concealed, and he shall place all the ballots, so unfolded and with
their faces down, in one pile. lie shall then take up each ballot
in order, turn it face up, and announce in a loud and disiiuct voice,
tho voto registered on the first section or that the ballot is void
' r that the section is blank, as the case may be. He shall then
tniTi the ballot face down and place it in a new pile. \Mien he
i:..s announced the votes on the first sections of all the ballots of
7
194 The Election Law
the kind then to be canvassed, and the poll clerk's tallies made as
hereinafter provided are proved to be correct, the official return
provided for in article thirteen shall be filled out and signed.
Then, and not before, the chairman shall proceed to canvass in
like manner the votes upon the sections remaining to be can-
vassed, completing the canvass of each ballot as he proceeds, and
thus he shall proceed nntil all the ballots have been canvassed.
As each vote is announced each poll clerk shall immediately
tally, it in black ink, with a downward stroke from right to left
upon. the official tally sheet provided for the purpose, also care-
fully tallying one for each blank or void vote. Each poll clerk as
he tallies a vote shall clearly announce the name of the candidate
for whom he tallies it, or that he txillies the vote blank or void as
the case may be, or in case of a question submitted that ho tallies
the vote '' Yes " or ** Xo " as the case may be, and until such
announcement by each poll clerk the chairman shall not announce
another vote. When a candidate's name is not printed on the
.official tally sheet or return provided, it shall be written in full
thereon in ink in its due order, that is, in the order in which
it appears on the ballot. The tally marks shall be made in due
numerical order in the tally spaces provided.
When all the sections relating to the same office or question
shall have been canvassed, the number of ballots shall be com-
pared with the tally thereof. If the result as shown on the tally
sheets does not agree with the results as shown by the number of
ballots, an error has been committed and a recanvass must be
made. T^pon the recanvass, the tally must be kept in red ink from
left to right across the previous tally marks. When all the errors
have been corrected and tlie tallv sheets have been found to be
correct, the poll clerks shall indicate the last tally opposite each
name bv forthwith canceling at least the next ten unused tallv
spaces, if there are so many, and if there are not so many, then as
many as possible, by drawing through them in red ink one or more
horizontal straight lines. The tally sheets having been thus pre-
pared, verified, and. closed, the inspectors and poll clerks shall sign
the certificate at the foot of each sheet in the places indicated
thereon. [-4^ amended by ch^ips. 206 and 649, Laws of 1911,
chap. S21, Laws of 1913, and chap. 244, Laws of 1914.]
2. Canvassing ballots when more than one candidate is to be
elected to the same office. When more than one candidate is to
bo elected to the same office, the foregoing method of canvass shall
be modified to meet the necessities of the case, as follows :
Conduct of Elections; Canvass 195
The chairman shall read the names of the candidates voted for
in the order in which they appear in the section, and each poll
clerk shall make an accurate tally of each vote as announced upon
the official tally sheet provided for the purpose. The chairman
shall also annoimce the void ballots, if any, and the number of
blanks, if any, upon the section, and each poll clerk shall make
as many tallies for each void ballot as there are candidates thereon
to be elected to the office in question, and one tally for each blank.
3. Canvassing presidential ballots. The straight ballots, that
is, all valid ballots on which all the candidates in any party group
are voted for, diall bo placed in piles, like with like, and the split
ballots, that is, all valid ballots marked in one or more of the
individual voting squares or with names written thereon, shall be
placed in one pile, and all void ballots and wholly blank ballots
shall be likewise placed in separate piles. Each of the piles shall
then be counted and the result clearly announced, and the number
of straight votes for each candidate shall be entered in gross
opposite his name on a tally sheet by each poll clerk, and the
number of split, void and wholly blank ballots shall be similarly
entered in their appropriate places. The chairman shall then take
the split ballots and they shall be canvassed, announced and tallied
in the manner above provided for canvassing ballots when more
than one candidate is to be elected to the same office. \As amended
hy chaps. 290 and 649, Laws of 1911, and chap. 821, Laws of
1913.]
§ 309. Objections to the counting; disposal of
ballots. If objection is taken to the counting of any ballot or
section, the board of inspectors shall forthwith and before can-
vassing any other ballot or section rule upon the objection. If
the objection is continued after this ruling, the chairman, or if
he refuse, one of the other inspectors, shall write in ink upon the
back of the ballot a memorandum of the ruling and objection.
The memorandum of the riilinfi^ shall be in the words ^^ Counted
void,'' or " Counted blank," or *^ Counted for (naming the candi-
date or candidates or the presidential ticket)," or, in the case of
a question submitted " Counted for Question No. — ," or " Counted
against Question No. — ," as the case may be. The memorandnm
of the objection shall be in the words " Objected to," followed by
a brief statement of the nature of the objection and the signature
of the chairman or other inspector.
Any ballot as to the counting of which objection is not tak^n
but which is wholly blank or wholly void shall be indorsed in ink
19G The Electiox Law
by the chairman of the board of inspectors, or if he refuse, by one
of the other inspectors, with the words, " Wholly blank " or
" Wholly void/' as the case may be, and this memorandum of in-
dorsement shall be followed by the signature of the chairman or
other inspector.
In each case in which objection is taken or in which any ballot
is canvassed as wholly blank or wholly void, each poll clerk shall
tally once in the place provided at the foot of the tally sheet.
When all the ballots of anv one kind shall have been canvassed,
the chairman of the board of inspectors or, if he refuse, one
of the other inspectors, shall carefully and securely place all the
ballots of that kind as to the counting of which any objection was
taken, all ballots which are whollv void, and ballots which are
wholly blank, in a separate sealed package, which shall be in-
dorsed on the outside thereof with the names of the inspectors, the
designation of the election district, and the number and kind of
ballots contained therein. The packacre so sealed shall be known
as the package of protested, void and wholly blank ballots and
shall be disposed of as hereinafter provided in sections three hun-
dred and seventy-six, three hundred and seventy-seven, three
hundred and seventy-eight and three hundred and eighty of this
chapter. The other ballots shall be tied together, labeled, and re-
turned to the ballot box from which they were taken before pro-
ceeding to canvass the next kind of ballots to be canvassed.
Any inspector who shall refuse to write in ink upon the back of
any ballot a memorandum of a rulini^ or objection to the count-
ing thereof, or shall refuse to place in the package of protested
ballots any ballot as to the counting of which any ol>jectian has
been taken, shall be guilty of a felony. [As amended 6y chap.
821, Laws of 1913.]
§ 370. Proving the tallies. 1. Proving the tally of
ballots other than those for presidential electors. Immediately
upon counting the vote for any question, or for any office other
than that of presidential elector, the poll clerks shall verify their
figures by adding together all the votes tallied therefor, whether
for a candidate, or for or against a question, oi' as void or blank.
If, in a case where more than ono candidate is to be elected to
one office, the number of votes tallied (including void and blank
votes) does not exactly equal the number of ballots cast (includ-
ing void and blank ballots) multiplied by the number of candi-
dates to be elected, or if, in the case of a question submitted or in
a case where only one candidate is to be el.?cted to an office, the
Conduct of Elections; Canvass 197
•
total number of votes tallied (including void and blank votes^)
shall not exactly equal the number of ballots cast (including void
and blank ballots), an error has been committed and a recanvass
must be immediately made, as hereinbefore provided in section
three hundred and sixty-eight of this chapter.
2. Proving the tally of ballots for presidential electors. In
the case of ballots for presidential electors, the poll clerks shall
verify their figures as follows:
First, they shall add together the votes counted for electors of
each party ;
Second, they shall add together the votes counted for candidates
not on the ballot ;
Third, they shall add together the void and wholly blank ballots
and shall multiply the sum so obtained by the number of electors
to be elected ;
Fourth, they shall add together tho votes on the split ballots
tallied as blank ;
Fifth, they shall then add together the four suras so obtained.
If the total of these four sums shall not exactly equal the num-
ber of ballots cast (including void and blank ballots) multiplied
bv the number of electors to be elected, an error has been com-
mitted, and a recanvass must be immediately made as herein-
before provided in section three hundred and sixty-eight of this
chapter. [As amended by chap, 821, Laws of 1913.]
§ 371. General provisions as to canvass. The ballQts
shall at all times bo kept on top of the table and in plain view pf
all parties entitled to examine them, until they have been tied
into bundles as elsewhere provided. If requested by any person
entitled to be present the inspectors shall, during the canvass of
any ballot, exhil)it to him the ballot then l)eing canvassed, fully
opened and in such a condition that he may fully and carefully
read and examine it, but no inspector shall allow any ballot to be
taken from his hand or to be removed from any pile by any per-
son but tho chairman. Any person who shall mnrk, tear or de-
face anv ballot of another with the intent of defcatiuG: or alterini];
a vote or ballot, shall be guilty of a felony, and slii^ll be puinshcd
upon conviction thorec^f by imprisoumont in a state prison for n
period of not less tlian fiv(» nor more than ten years. \ As aw ended
by chap. 821, Lairs o/ 1913.]
§ 372. Statement of sanvass to be delivered to
poliee* In all cities and villages of five thousand inhabitants
198 The Electiox Law
or more 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 can-
vass a statement subscribed by the board of inspectors, stating the
number of votes received by each candidate for office. S*uch state-
ment shall forthwith be conveved bv the said officer to the station-
house of the police precinct in which such place of canvass is
located, and he shall deliver the same inviolate to the officer in
command thereof, who shall immediately transmit by telegraph,
telephone or messenger, the contents of such statement to the
officer commanding the police department of such city or village.
In a city of over one million inhabitants, such commanding officer
shall cause all such returns to be immediately tabulated so that
the final result may be known as early as possible, and within
twenty-four hours of its receipt at the station-house such state-
ment itself shall be filed with such commanding officer. Such
Statement shall bo preserved for six months by the police, and
shall be presumptive evidence of the result of such canvass for
each such office. [As amended hy chap, 049, Laws of 1911, and
chap. 678, Laws of 1915.]
§ 373. Returns of canvass. Upon completing the can-
vass, the inspectors and poll clerks shall make and sign in ink
their several returns in triplicate, and shall verify them before
the respective officers authorized for that purpose, and shall sign
and certify in ink each tally sheet to be certified by them. In
making their returns as aforesaid, the inspectors and poll clerks
shall use the printed forms supplied to them with the ballots, and
they shall carefully insert in all the blank spaces thereon tlie. ap-
propriate names, words and figures according to the directions
contained in article nine of this chapter and printed on the forms.
In the absence of an officer authorized to take acknowledgments
and proof of deeds, and for the purposes of this chapter, any elec-
tion officer shall be authorized to administer the oath to any other
election officer. Each of the two tallv sheets shall be securely at-
tached by the chairman to one of tlie returns relating to the same
office or question and shall be treated as a part thereof.
Any election officer who shall sign any statement of the canvass
at any place other than the polling place, or at any time other
than immediately after the canvass is c^)mpleted, except under di-
rection of a court, and any election officer or person who shall take
from the polling place any such statement before it Bhall have
been signed as herein provided, is guilty of a felony, and shall l»o
Conduct of Elections; Canvass 199
punished, upon conviction thereof, by imprisonment in a state
prison for not less than two nor more than five years.
If changes be necessary in any of the forms for tallies and re-
turns, as prescribed in this article, the secretary of state shall
prescribe the same. [As amended by chap, 821, Lmvs of 1913.]
§ 374. Preservation of ballots. After the last tally sheets
and returns are completed, and all the stubs and ballots, except
the protested, void and wholly blank ballots, are replaced in the
boxes from which they were taken, each box sball be securely
locked and sealed, and deposited, by an inspector designated for
that purpose, with the officer or board furnishing it, together with
the separate sealed package of unused official ballots. The boxes
and packages so deposited shall be preserved inviolate for six
months after the election, except that they may be opened and
their contents examined upon the order of any court of competent
jurisdiction or may be opened by direction of a committee of the
senate or assembly to investigate and report upon contested elec-
tions of members of the legislature voted for at such election and
their contents examined by such conmiittee in the presence of the
officer haviufi: the custody of such boxes. T'nless ordered to bo
preserved by such a court, or unless an examination by such a
committee be pending, they shall be opened and their contents
destro^'ed after six mouths, except, that in a year in which a presi-
dent of the United States is to be elected, in counties in which no
contest has been noted, such boxes may be opened and their con-
tents destroyed after four months and the boxes prepared for use
at the primary election as provided in section seventy-nine of this
chapter. The protested, void and wholly blank ballots shall be
preserved as provided in section four hundred and thirty-seven
of this chapter. Any candidate shall be entitled as of right to an
examination in person or by authorized agents of any ballots upon
which his name lawfully appeared as that of a candidate; but the
court shall prescribe such conditions as of notice to other candi*-
dates or otherw^ise as it shall deem necessary and proper.
[Amended by chap, 821, Laws of 1913, and chaps. 31 arid 537,
Laws of 1916.]
§ 375. Proclaxoation of result. Upon the completion of
8uch canvass and of the statements of the result thereof, the chair-
naan of the board of inspectors shall make public oral procla-
mation of the whole number of votes cast at such election at
such polling place for all candidates for each office; upon each
200 The Election Law
proposed constitutional amendment or other question or propo-
sition, if any, voted upon at such election; the whole number of
votes given for each person, with the title of the office for which
he was named on the ballot ; and the whole number of votes given
respectively for and against each proposed constitutional amend-
ipent or other question or proposition, if any, so submitted. [As
arhended by chap. 821, Laws of 1913.]
i , ■
'§ 376. Sealing statements. Each statement of canvass
shall then be securely sealed with sealing wax in separate enve-
lopes properly indorsed on the outside thereof by the inspectors,
abd shall be kept inviolate by the officers or board with whom they
ar^. filed until delivered, together with the packages of protested,
void and wholly blank ballots, to the county or city board of can-
vassers. [As amended by chap. 821, Laws of 1913.]
§ 377. Delivery and filing of papers relating to the
election; general provisions. If the election be other than
an election of town, city, village or school officers, held at a dif-
ferent time from a general election, the chairman of the board of
inspectors of each election district, except in the city of Xew
York, shall forthwith upon the completion of the triplicate state-
ment of the result, deliver one set of returns to the supervisor of
the town in which the election district, if outside of a city, is
situated, and if in a city, to one of the supervisors of said city.
If there be no supervisor, or he be absent or imable to attend the
meeting of the county board of canvassers, it shall be forthwith
delivered to an assessor of such town or citv. One set of returns
with tally sheets annexed, together with the poll books of the
election, shall be forthwith filed by such inspectors, or by one of
them deputed for that purpose, with the town clerk of such town,
or the city clerk of such city, as the case may b^. The package
of protested, void and wholly blank ballots and the third set of
returns with tally sheets annexed shall, within twenty-four hours
after the completion of such canvass, be filed by the chairman of
the board of inspectors, with the board of elections of the county
in which the election district is situated. The register of electors
and public copy thereof shall be filed as prescribed in section one
hundred and eighty of this chapter. Each poll book containing
signatures of electors required by this chapter to sign the poll book
and all " identification statements for election day " received
thereat shall within forty-eight hours after the close of the can-
va^'s 1)0 filed in person or bv mail by the poll clerk of each election
Conduct of Elections; Canvass 201
district having charge of such book, with the state superintendent
of elections in such one of his offices as he may in writing desig*
nate. [As amended by chap. 640, Ldws of 1911, cJiap, 821, Lau>s
of 1913, and chap. 537, Laws of 1916.]
§ 378. Delivery and filing of papers in the eity of
New York. In the city of New York the package of protested,
void and wholly blank ballots and one set of returns with tally
sheets annexed, together with one of the poll books, shall be filed
by the chairman of the board of inspectors within twenty-four
hours after the completion of the canvass with the county clerk
of the county within which the election district is located. One
set of returns with tally sheets annexed and the other poll book
shall be filed within such time with the board of elections or with
the chief clerk of the branch office of the board of elections, as the
case may be, in the borough within which the election district? is
located, by an inspector designated by the board of inspectors for
that duty, and the third set of returns with the citv clerk, by an
inspector designated by the board of inspectors for that duty.
In election districts in the city of New York, the boards of
inspectors of election must, at the same time that they make and
sign the aforesaid returns, make a certified copy of so much
thereof as relates to any candidate for member of assembly, sen-
ator, or representative in congress, voted for both in said election
district and in any part of any county not within the city of New
York, and such certified copy must, within twenty-four hours
after the completion of the canvass by the inspectors, be filed by
the chairman of the board of inspectors with the clerk of the
county outside of the city of New York in which such officers or
any of them are voted for at such election. [.4^ amended by
chaps. 274 and 649, Laws of 1911, and chap. 821, Laws of 1913.]
§ 380. Delivery and filing of papers in the county
of Erie. In the county of Erie one return with tally sheets
annexed shall be filed forthwith by one inspector deputed for that
purpose, with the clerk of the town, or the clerk of the city of
Buffalo, or the clerk of the city of Tonawanda, as the case may
be, and one return with the clerk of the county of Erie. The
package of protested, void and wholly blank ballots and the third
return with tally sheet annexed shall, within twenty-four hours
after the completion of such canvass, be filed by the chairman of
each board of inspectors with the commissioner of elections. All
poll lists for the various election districts in the city of Buffalo
I
202* The Election Law
shall be filed with the commissioner of elections, and those for the
city of Tonawanda with the clerk of such city, and those for the
towns in Erie county with the town clerks thereof. [As amended
by cliap, 821, Laws of 1913.]
§ 381. Judicial investigation of ballots. If any state-
ment of the result of the canvass in an election district shall show
that any of the ballots counted at an election therein were pro-
tested or were canvassed as wholly blank or void, a writ of man-
damus may, upon the application of any candidate voted for at
such election in such district, within twenty days thereafter, issue
out of the supreme court to the board or body of canvassers, if
any, of the return of the inspectors of such election district, and
otherwise to the inspectors of election making such statement, re-
quiring a recanvass of such ballots. If the court shall, in the
proceedings upon such writ, determine that any such ballot was
improperly canvassed, it shall order the error to be corrected.
Boards of inspectors of election districts, and boards of canvass-
ers, shall continue in oflSce for the purpose of such proceedings.
[As amended by chap. 821, Laws of 1913.]
§ 382. Destruction of books, records and papers
relating to the elections. The officer or board with whom
the statement of the result, the returns with tally sheets annexed
together with the poll books of the election, the " identification
statements for election day," the register of electors and the pub-
lic copy thereof are filed after an election shall preserve the same
for at least two years after the receipt thereof and until all suits
or proceedings before any court or judge touching the same shall
have been determined. At the expiration of such time such
books, records and papers, except a poll book containing signa-
tures of electors, may be destroyed bv such officer. This section
shall not apply to a city of over one million inhabitants. [Added
hy chap. 537, Laws of 1916.]
^ARTICLE 11
Votingr Machines
Section 390. State voting machine commissioners.
391. Examination of voting machine.
392. Requirements of voting machine.
393. Adoption of voting machine.
*A8 renumbered by ebap. 800, Laws of 1913.
Voting Macuinks 203.
Section 394. Experimental use of voting machine.
395. Providing machines.
396. Payment for machines.
397. Form of ballots.
398. Sample ballots.
399. Number of oflBcial ballots.
400. Preparation of voting machine for election.
401. Instruction of election ofBcers.
402. Instruction of voters before election.
403. Independent nominations.*
404. Distribution of ballots and stationery.
405. Tally sheets.
406. Unofficial ballots.
407. Opening the polls.
408. Independent ballots.
409. Location of machines; guard-rail.
410. Manner of voting.
411. Instnicting voters.
412. Illiterate or disabled voters.
413. Canvass of vote and proclamation of result.
414. Disposition of irregular ballots; and preser\ang the
record of the machine.
415. Disposition of keys ; opt^ning counter compartment
416. Provision for re-canvass of vote.
417. Application of other articles and penal law.
418. When ballot clerks not to be elected.
419. Number of voters in election districts,
420. Definitions.
421. Saving clause.
§ 390. State Totliig macliine commissioners. There
shall be a state board of voting machine commissioners which shall
consist of three commissioners to be appointed by the governor
every five years, one of whom shall be an expert in patent law and
two of whom shall be mechanical experts. Their successive terms
of oflBce shall begrin on the first day of January of every fifth year
dating from nineteen hundred and three and end on the thirty-
first day of December. Any commissioner now in office or here-
after appointed may be removed at the pleasure of the governor,'
and vacancies shall be filled by the governor for any unexpired
term.
* Repealed by chap. 821, Laws of 1913.
204 The Election Law
No voting machine commissioner shall have any pecuniary in-
terest in any voting machine.
§ 391. Examination of voting macliine. Any person
or corporation owning or being interested in any voting ma-
chine may apply to the state board of voting machine commis-
sioners to examine such machine and report on its accuracy, effi-
ciency and capacity to register the will of voters. The commission-
ers shall examine the machine and report accordingly. Their re-
port shall be filed in the office of the secretary of state and shall
state whether in their opinion the kind of machine so examined can
be safely used by such voters at elections, under the conditions
prescribed in this article. If the report states that the machine
can be so used, it shall be deemed approved by the commissioners
and machines of its kind may be adopted for use at elections as
herein provided. When the machine has been so approved, any
improvement or change that does not impair its accuracy, effi-
ciency or capacity shall not render necessary a re-examination or
re-approval thereof. Any form of voting machine not so approved,
or which has not been heretofore examined by said commissioners
ai^d reported on pursuant to law and its use specifically au-
thorized by law, can not be used at any election. Each commis-
sioner is entitled to one hundred and fifty dollars for his compen-
sation and expenses in making such examination and report, to be
paid by the person or corporation applying for such examination
§ 392. Requirements of voting macliine* A voting
machine approved by the state board of voting machine commis-
sioners must be so constructed as to provide facilities for voting
for such candidates as may be nominated. It must also, permit
an elector to vote for any person for any office, whether or not
nominated as a candidate by any party or organization, and must
permit voting in absolute secrecy. Such machine shall also be so
constructed that an elector cannot vote for a candidate or on a
proposition for whom or on which he is not lawfully enLitled to
vote. It must also be so constructed as to prevent voting for more
than one person for the same office, except where an elector is
lawfully entitled to vote for more than one person for that office,
and it must afford him an opportunity to vote for as many per-
sons for that office as ho is by law entitled to vote for and no more
at the same time preventing his voting for the same person twice.
It must be provided with a lock or locks, by the use of which im-
mediately after the polls are closed or the operation of such.
Voting Machines 205
machine for such election is completed, any movement of the vot-
ing or registering mechanism is absolutely prevented. It may
also be provided with a separate ballot in each party colunan 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,
ai)J shall be counted as such. [As amended by chap. 649, Laws
of 1011, and chap. 821, Laws of 1913.]
§ 393. Adoption of voting maoliine. The board of
f'K'ctions 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 commis-
sioners, or the use of which has been specifically authorized by
law; and thereupon such voting machine may be used at any or aU
elections held in such city, town or village, or in any part thereof,
for voting, registering and counting votes cast at such elections.
Voting machines of different kinds may be adopted for different
districts in the same city, town or village.
§ 394. Ejtperimental use of voting niachine. The
authorities of a city, town or village authorized by the last
section to adopt a voting machine may provide for the experi-
mental use, at an election in one or more districts, of a machine
nhich it might lawfully adopt, without a formnl ado])tion thereof;
and its use at such election shall be as valid for all purposes
as if it had been lawfully adopted.
§ 395. Providing maclijLnes. The local authorities adopt-
ing a voting machine shall, as soon as practicable thereafter,
provide for each polling place one or more voting machines in
f*omplete working order, and shall thereafter preserve and keep
them in repair, and shall have the custody thereof and of the furni-
ture and equipment of the polling place w^hen not in use at an
election. If it shall be impracticable to supply each and every
election district with a voting machine or voting machines at any
election following such adoption, as many may be supplied as it
is practicable to procure, and the same may be used in such
election district or districts within the city, town or village as
the officers adopting the same may direct.
§ 396. Payment for niachines. The local authorities,
on the adoption and purchase of a voting machine, may pro-
206 The Election Law
vide for the payment therefor in such manner as they may deem
for the best interest of the locality and may for that purpose issue
bonds, certificates of indebtedness or other obligations which shall
be a charge on the city, town or village. Such bonds, certificates
or other obligations may be issued with or without interest, payable
at such time or times as the authorities may determine, but shall
not be issued or sold at less than par.
§ 397. Form of ballots. All ballots shall be printed in
black ink on clear, white material, of such size as will fit the ballot
frame, and in as plain, clear type as the space will reasonably per-
mit. The party emblem for each political party represented on
the machine, which has been duly adopted by such party in ac-
cordance with this chapter, and the party name or other designa-
tfon shall bo affixed to the names, or, in case of presidential
electors, to the list of candidates of such party. Each party may
be further distinguished by a stripe of color below«the party em-
Blem, which shall be adopted in the same manner as the party
emblem. The order of the lists or names of candidates of tlie
Several parties or organizations shall be arranged as provided bv
this chapter for blanket ballots, except that they may be arranged
dther vertically or horizontally. When the same person has been
nominated for the same office to be filled at the election bv more
than one party or independent body, all the provisions relating t<>
the official ballot in this chapter shall apply and the voting ma-
chine shall be so adjusted that his name shall appear but once on
the ballot. But in the case of a person so nominated, the name
and emblem of the party casting the highest number of votes for
governor at the last preceding election of a governor shall be at
the left of or above the names and emblems of other parties a:id
independent bodies uniting in the same nomination, and the
tiames and emblems of the latter parties shall follow in the order
of priority based on the relative party vote for governor at such
election, counting from left to right if the column be horizontal
and downward if the column be vertical. [As amended 1)7/ chap.
649, Lairs of 1011, chap. 821, Lams of 1913, and chap. 5:17,
Laws of 1916.]
§ 398. Sample ballots. The officers or board charged
with the duty of providing ballots for any polling place shall
provide therefor two sample ballots which shall be arranged
in the form of a diagram showing the entire front of the voting
machine as it will appear after the official ballots are arraiiged for
Voting Machines 26Y
yoting on election day. Such sample ballots shall be open to
public inspection at such polling place during the election day.
In all general elections where voting machines are used there
may be furnished a sufficient number of sample ballots of a re-
duced size, show'ins: the key board of the voting machine as it
will appear after the official ballots are arranged for voting on
election day, with illustrations and brivf instructions how to vote;
one of which sample ballots may be mailed by the county clerk to
each registered voter at least three days before the election or
in lieu thereof, a copy of such sample ballot may be published
for one week prec/^ding the election in newspapers representing
at least two political parties.
§ 309. Nnmber of official ballots. Four sets of ballots
shall be provided for each polling place for each election for use
in the voting machine.
§ 400. Preparation of voting machine for election.
The board of elections for each county and the city of 'New York
in which voting machines are to be used, shall cause the proper
ballot labels to be placed on the machines corresponding with the
sample ballots herein provided for, and the machine in every way
put in order, set, and arranged, ready for use in voting at such
election; and, for the purpose of so labeling, putting in order,
setting and arranging the machine, shall employ one or more
competent persons who shall be known as the voting machine cus-
todian, or custodians, who shall be sworn to perform their duties
honestly and faithfully, and for such purpose shall be considered
as officers of election, and shall be paid for the time spent in the
discharfre of their duties, in the same manner as election officers
are paid. In cities where there are more than twenty voting
machines, more than one custodian shall be appointed. They shall
be selected from the two political parties entitled to representation
on a board of election officers. Said custodian, or custodians,
shall, under the direction of said board or officer having charge
and control of the election, cause the machine to be so labeled,
put in order, set, arranged, and delivered to the polling place
of the election district in which the election is to be held, together
with all furniture and appliances necessary for the proper <5on-
dneting of the election, at least one hour before the time set for
opening the polls on election day. Tn preparing a voting machine
for aa election, the custodian shall, according to the printed
directions furnished, arrane^e the machine and the ballots therefor
208 TiiE Electiox Law
60 that it will in every particular meet the requirements for voting
and counting at such election, and thoroughly test the same. Be-
fore preparing the voting machine for any election written notice
shall be mailed to the chairman of the city, or town committee
of at least three of the principal political parties, stating the time
and place where machines will be prepared, at which time one
representative of each of such political parties shall be aflForded
an opportunity to see that the machines are in proper condition
for use in the election; such representatives shall be sworn to
faithfully perform their duties and shall be regarded as election
oflScials but shall not interfere with the custodians or assume any
of their duties. When a machine has been so examined by such
representatives it shall be sealed with a numbered metal seal.
Such representatives shall certify: to the number of the machines:
if all of the counters are set at 000; and the number registered
on the protective counter, if one is provided, and on the seal.
After the preparation of the machines, an officer or officers or
someone duly authorized, other than the pei-son who has prepared
them for the election, shall inspect each machine, and report in
writing if all of the registering coimters are set at zero (000 'j,
and the machine is arranged in all respects in good order for the
election and locked, with the number registered on the protective
counter, if one is provided; and with the number on the seal.
When a voting machine has been properly prepared for election,
it shall be locked against voting, and sealed; and the keys thereof
shall be delivered to the board or official having charge and control
of elections, together with a written report made by the custodian
of the machine on blanks furnished to him, stating that it is in
every way properly prepared for the election. All voting machines
shall be transferred to the polling places in charge of an au-
thorized official, who shall certify to their delivery in good order.
After the machine has been delivered and set up ready for use
in the election at the polling place, it shall be the duty of -the
local authorities to provide ample protection against molestation
or injury to the machine. Every voting machine shall be fur-
nished with a lantern, or a proper substitute for one, which shall
give sufficient light to enable electors while in the booth to road
the ballot labels, and suitable for use by the election officers in
examining the counters. The lantern shall be prepared in good
order for use before the opening of the polls. All voting machines
used in any election shall be provided with a ?creen, hood, or
curtain which shall be so made and adjusted as to completely
YoTixG Machines 209
conceal the elector and his action while voting. [As amended by
chap. G-iO, Lairs of 1911.]
§ 401 • Instruction of election oflftoers. Xot later than .
the first day of October in each year, the custodian, or custodians,
of the machine shall instruct each board of inspectors that is to
serve in an election district in the use of the machine, and in the
duties of inspectors of election in connection therewith; and he
shall pive to each inspector of election that has received such in-
struction and is fully qualified to properly conduct the election
with the machine, a certificate to that effect. For the purpose of
giving such instruction, the custodian shall call such meeting, or
meetings, of the inspectors of election as shall bo necessary; but
snch meetings shall not be called earlier than seven o'clock in the
afternoon. Such custodian shall without delay file a report with
the board or official in charge of elections, stating that he has
instructed the election officers, giving the names of such oSicers,
and the time and place where such instruction was given. The
inspectors of election of each election district in which a voting
machine is to be used, shall attend such meeting, or meetings, as
shall be called, for the purpose of receiving such instructions, con-
cerning their duties as shall be necessary for the proper conduct
of the election with the machine. Each inspector of election that
shall qualify for and serve in the election, shall be paid one dollar
for the time spent in receiving such instruction, in the same man-
ner and at the same time as he is paid for his services on elec-
tion day. Xo inspector of election shall serve in any election
at which a voting machine is used, unless he shall have received
such instruction and is fully qualified to perform his duties in
connection with the machine, and has received a certificate to
that effect from the custodian of the machines; provided, how-
ever, that this shall not prevent the appointment of an inspector
of election to fill a vacancy in an emergency. [As amended hy
chap. 649, Laws of 1911.]^
§ 402. InBtraction of voters before election. In all
places where voting machines are to be used one or more
of such machines which shall contain the ballot labels,
showing the party emblems and title of offices to be voted for,
and which shall so far as practicable contain the names of the
candidates to be voted for, shall be placed on public exhibition
in some suitable place, in charge of a competent instructor, for
three days during the thirty days next preceding the election;
210 The Election Law
but no voting machine which is to be assigned for use in an elec-
tion shall be used for such public instruction within five days
before the election. During public exhibition of any voting ma-
chine for the instruction of voters previous to an election, the
counting mechanism thereof shall be concealed from view and
the doors may be temporarily opened only when authorized by
the board or oiBcial having charge and control of the elections.
Printed instructions how to vote circulated to voters must con-
form to the instructions approved by the officials providing bal-
lots, and adapted to the machine used.
§ 404. Distribution of ballots and stationery. The
ballots and stationery shall be delivered to the board of in-
spectors of each election district before ten o'clock in the forenoon
of the day next preceding the election.
§ 405. Tally sbeets. In each election district where voting
machines are used, tally sheets shall be printed to conform with
the type of voting machine used, of a form approved by the secre-
tary of state. The designating number and letter on the counter
for each candidate shall be printed next to the candidate's name
on the tally sheets.
§ 406. Unofficial ballots. If the official ballots for an
election district at which a voting machine is to be used, re-
quired to be furnished by or to any town, or city clerk, or board,
shall not be delivered at the time required, or if after deliverv
shall be lost, destroyed or stolen, the clerk of such town or city,
or siich board, or the election inspectors of such district, shall cause
other ballots to be prepared, printed or written, as nearly in the
form of ihe official ballots as practicable, and the inspectors ahall
cause the ballots so substituted to be used at the election in the
same manner, as near as may be, as the official ballots. Such bal-
lots so substituted shall be known as unofficial ballots.
§ 407. Openiac the polls. The inspectors of election
and poll clerks of each district shall m«et at the polling place
therein, at least three^uarters of an hour before the time «et for
the opening of the polls at each election, and shall proceed to ar-
range within the guard-rail the fumitnie, stationery and voting
machine for the conduct of the election. The inspectors of election
shall then and there have the voting macJiine, ballots and station-
ery required to be delivered to them for such election ; and if it be
Voting Machines 211
an election at which registered voters only can vote, the registry
of snch voters required to be made and kept therefor. The
inspectors shall thereupon cause at least two instruction cards,
and if printed in different languagrs, at least two of each lan-
guage, to he 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. The keys to the voting machine shall be delivered to
the election officers three-quarters of an hour before the time set
for opening the polls, in a sealed envelope, on which shall be
written or printed the number and location of the voting ma-
chine ; the number on the seal ; and, if provided with a protectirfe
counter, the number registered on such counter, as reported by
the custodian. The envelope containing the keys shall not be
opened until at least one inspector from each of two political
parties shall be present at the polling place and shall have ex-
amined the envelope to see that it has not been opened. Before
opening the envelope all election officers present shall examine
the number on the seal on the machine, also the number regis-
tered on the protective coimter, if one is provided, and shall see
if they are the same as the numbers written on the envelope
containing the keys. If found not to agree, the envelope must
not be opened until the custodian, or other authorized person,
shall have been notified and shall have presented himself at the
polling place for the purpose of reexamining such machine and
shall certify that it. is properly arranged. If the numbers on
the seal and protective counter, if one is provided, are found to
agree with the nunil)ers on the envelope the inspectors shall pro-
ceed to open the doors concealing the counters. Before the polls
are open for election, each inspector shall carefully examine
every counter and see that it registers zero, and the same shall
be subject to the inspection of the official watchers. The ma-
chine shall remain locked against voting until the polls are
formally opened and shall not be operated except by voters
in voting. If any coimter for a candidate is found not to
register zero (000), the inspectors of election shall immediately
notify the custodian, who shall adjust the counter at zero.
§ 408. Independent ballots. Ballots voted for any person
whose name does not appear on the machine as a nominated candi-
date for oflSce, are herein referred to as irregular ballots. Where
212 Tub Election Law
two or more persons are to be elected to the same office, and each
candidate's name is placed upon or adjacent to a separate key or
device, and the machine requires that all irregular ballots voted
for that office he deposited, written or affixed in or upon a single
receptacle or device, a voter may vote in or by such receptacle or
device for one or more persons whose names do not appear upon
the machine with or without the names of one or more persons
whose names do so appear.
In voting for presidential electors, a voter may vote an
irregular ticket made up of the names of persons in
nomination by different parties, or partially of names of persons
so in nomination and pnrtially of names of persons not in nomina-
tion, or wholly of names of persons not in nomination by any party.
Such irregular ballot shall be deposited, written or affixed in or
upon the receptacle or device provided on the machine for that
purpose.
With these exceptions, no irregular ballot sliall be voted for
any person for any office whose name appears on the machine
as a nominated candidate for that office; anv irre<rular ballot
so voted shall not be counted. An irregular ballot must bo east
in its appropriate place on the machine, or it shall be void and not
coimted.
§ 400. Location of macliines; guard-rail. The ex-
terior of the voting machine and every part of the polling place
shall be in plain view of the election officers and watchers. The
voting machine shall be placed at least four feet from the poll
clerk's table. A guard-rail shall be constmicted at least three
feet from the machine, with openings to admit voters to
and from the machine. The votins: machine shall be so located
in the polling place that, unless its construction requires other-
wise, the ballot labels on the face of the machine can be plainly
seen by the election officers and the party w^atchers when not in
use by voters. The election officers shall not themselves be, or
permit any other person to be, in any positicm or near any posi-
tion, that will permit one to see or ascertain how a voter votes,
or how he has votcl. Tlie election oflicer attondinc; the machine
shall inspect the face of the machine after each voter has cast
his vote, to see that the ballot IiiIk'Is are in their proper places
and that the machine has not been injured. During elections
the door or other coverinir of the connter compartment of the
Tnaehino shall not be unloclced or onened or the counters exDosed
except for good and snfficie7]t reasons, a statement of which shall
Voting Machines 213
be made and signed by the election officers and shall be sent
with the returns.
§ 410. Bfanner of voting. After the opening of the polls,
the inspectors shall not allow any voter to pass within the guard-
rail until they have ascertained that he is duly entitled to vote.
Only one voter at a time shall be permitted to pass within the
guard-rail to vota The operating of the voting machine by the
voter while voting shall be secret and obscured from all other per-
sons except as provided by this chapter in cases of voting by as-
sisted voters. No voter shall remain within the voting machine
booth longer than three minutes, and if he shall refuse to leave it
after the lapse of three minutes, he shall be removed by the
inspectors. [As amended by chap. 821, Laws of 1913.]
§ 411. Instructing voters. In case 'any voter after enter-
ins: the voting machine booth, and before the closing of such booths,
shall ask for further instructions concerning the manner of voting,
two inspectors of opposite political parties shall give such instruc-
tions to him ; but no inspector or other election officer or person
assisting a voter shall in any manner request, suggest or seek to
persuade or induce any such voter to vote any particular ticket,
or for any particular candidate, or for or against any particular
amendment, question or proposition. After giving such instruc-
tions, the inspectors shall retire and such voter shall then close
the booth and vote as in the case of an unassisted voter.
[Amended by chap. 537, Laivs of 1916.]
§ 412. Illiterate or disabled voters. The provisions
of sections one hundred and sixty-four and three hundred and
fifty-seven of this chapter, shall apply also when ballot machines
are used, and the word " booth " when used in such sections, shall
be interpreted to include the ballot machine inclosure or curtain.
§ 413. Canvass of vote and proclamation of resnlt.
There shall be printed directions in the statement of canvass to the
election officers for their guidance before the polls are opened and
when the polls are closed; a certificate of which shall be signed
by the election officers before the polls are opened, showing the
delivery of the keys in a sealed envelope; the number on the seal;
the number registered on the protective counter, if one is pro-
vided; if all of the counters are set at zero (000) ; if the public
counter is set at zero (000) ; if the ballot labels are properly
placed in the machine. Also a certificate which shall be filled out
214 The Election Law
after the polls have been closed, that the machine has been locked
against voting and sealed; the numl)cr of electors as shown on
the public counters ; the number on the seal : the number registered
on the protective counter, if one is provided ; and that the voting
machine is closed and locked. The inspectors' return and state-
ipent of canvass shall show the total number of votes cast for each
office, the number of votes cast for each candidate^ as shown on
his counter, and tho number of votes for persons not nominated,
which shall be certified by the board of inspectors. As soon as the
polls of the election are closed, the inspectors of election thereat
shall immediately lock the \'oting machine against voting, and
open the counting compartments in the presence of the watchers
and all other persons who may be lawfully within the polling
place, giving full view of all the counter numbers. The chairman
of the board of inspectors shall, under the scrutiny of an in-
spector of a different political party, in the order of the c^ces
as their titles are arranged on the machine, read and announce in
distinct tones the designating number and letter on each counter
for each candidate's name, the result as shown by the counter
numbers, and shall then read the votes recorded for each office on
the irregular ballots. He shall also in the same manner announce
the vote on each constitutional amendment, proposition or other
question. The counter shall not in the case of presidential electors
be read consecutively along the party row or column, but shall
always be read along tho office columns or rows, completing the
canvass for each office. The vote as registered shall be entered by
tlie clerks on the tally sheet in ink, in the same order on the space
which has the same designating number and letter. After copy-
ing the vote from the tally sheets on the returns, the figures shall
be verified by being called off in the same manner from the
cbunters of the machine by an inspector of a different political
party. The counter compartment of the voting machine shall
remain open until the official returns and all other reports have
been fully cpmplete<l and verified by the election board. During
sjich time any candidate, watcher, or challenger of any party or
independent body duly accredited as provided by section three
hundred and fifty-two of the election law who may desire to he
present shall be admitted to the polling place. The proclamation
of the result of the votes cast shall be deliberately announced in
a distinct voice by the chairman of the board of inspectors who
shall read the name of each candidate, with the designating num-
ber and letter of his counter, and the vote registered on such
Voting Machines 215
counter; also the vote cast for and against each question submit-
ted. During such proclamation ample opportunity shall be given
to any person lawfully present to compare the results so an-
nounced with the counter dials of the machine and any necessary
corrections shall then and there be made by the ele(»tion lioard,
after which the doors of the voting machine shall he closed and
l(X*ked.
Before adjourning the board shall, with the seal provided there-
for, so seal the operating lever of the machine that the voting and
counting mechanism will be prevented from operation. [As
amended hy chap. 240, Laivfi of 1909, chap. 049, Laws of 1911,
and chup, 821, Laws of 1913.]
§ 414. Disposition of irregular ballots; and pre-
ierring tlie record of the maehine. The inspectors of
election shall, as soon as the cotmt is completed and fully
ascertained as in this chapter required, lock the ma-
chine against voting, and it shall remain so for the period of
three months, except as provided by section four hundred and
sixteen of this chapter and except that it may be opened and all
the data and figures therein examined upon the order of any court
of competent jurisdiction or may be opened by direction of a com-
mittee of the senate or assembly to investigate and report upon
contested elections of members of the legislature voted for by the
use of such machine and such data and figures examined by such
committee in the presence of the officer having the custody of
such machine. Any candidate shall be entitled on application
to the supreme court and on reasonable grounds shown to have
any machine in or upon which he was named as a candidate
opened and all the data and figures therein examined by hiin
or his authorized agents, but the court shall prescribe such con-
ditions as of notice to other candidates or otherwise as it shall
deem necessary and prc^r. Whenevet irregular ballots have been
n)ted, the inspectors shall return all of such ballots in a prop-
erly secured sealed package indorsed " irregular ballots," and
file such package with the original statement of canvass. It shall
be preserved for six months after such election, and may be
opened and its contents examined only upon order of the supreme
court or a justice thereof, or a county judge of such county, or by
direction of such a eonunittee of the senate and assemblv if the
ballots relate to the election under investigation by such com-
niittee, and at the expiration of such time, such ballots may lie
216 The Election Law
disposed of in the discretion of the officer or board having charge
of them. [Amended by chap. 537, Laws of 1916.]
§ 415. Disposition of Ireys; opening connter com-
partment. The keys of the ii!achii:o shall be enclosed in an
envelope which shall be supplied by the officials, on which
shall be written the number of the machine and the dis-
trict and ward where it has been used, which shall be securely
sealed and indorsed bv the election officers, and shall be so re-
turned to the officer from whom they were received. The number
on the seal and the number registered on tke protective counter, if
BO provided, shall be written on the envelope containing the
keys. All keys for voting machines shall be kept securely locked
by the officials having them in charge. A public officer who, by
any provision of law, is entitled to the custody of a machine for
any period of time, shall be entitled to the keys therefor while sucli
machine is in his charge. It shall be unlawful for any unau-
thorized person to have in his possession any key or keys of any
voting machine; and all election officers, or persons entrusted with
such keys for election purposes, or in the preparation of the
machine therefor, shall not retain them longer than necessary to
use them for such legal purpose. All machines shall be boxed
and collected as soon after the close of the election as possible,
and the machines, and the boxes for the machines, shall at all
times be stored in a suitable place. [As amended by chap. 4(1,'),
Laws of 1909, and chap. 537, Laws of 1916.]
§ 416. Provision for re-canvass of vote. Whenever
it shall appear that there is a discrepancy in the returns
of any election district, the county board of canvassers shall sum-
mon the inspectors of election thereof and said inspectors shall,
in the presence of said board of canvassers, or a bi-partisan com-
mittee thereof, make a record of the number on the seal and the
number on the protective counter, if one is provided, open the
counter compartment of said machine, and without unlocking
said machine against voting, shall re-canvass the vote cast
thereon. Before making such re-canvass the county board of
canvassers shall give notice in writing to the custodian and to
the county chairman of each political party or nominating body
that shall have nominated candidates for the election, of the
time and place where said re-canvass is to be made; and each of
VoTixG Machines 217
such political parties or nominating bodies may send two repre-
sentatives to be present at such re-canvass. If, upon such re-
canvass, it shall be found that tho original canvass of the returns
has been correctly made from the machine, and that the dis-
crepancy still remains unaccounted for, the county board of can-
vassers, or said committee thereof, with the assistance of the
custodian of said machine, shall, in the presence of the inspect*
ors of election and the authorized representatives of the several
said political parties or nominating bodies, unlock the voting
and counting mechanism of said machine and shall proceed to
thoroughly examine and test the machine to determine and re-
veal the true cause or causes, if any, of the discrepancy in the
returns from said machine. Before testing the counters they
shall be reset at zero (000) after which each counter shall be
operated at least one hundred times. After the completion of
said examination and test, the custodian shall then and ther^
prepare a statement in writing giving in detail the result thereof,
and said statement shall be witnessed by the persons present and
shall be filed with the secretary of the county board of can-
vassers. But nothing contained in this section shall authorize any
change in the returns filed by inspectors of election in any election
district nor authorize anv board of canvassers in anv wise to con-
sider or act upon any re-canvass of votes made pursuant thereto.
[Amended by chap. 537, Laws of 1916.]
§ 417. Application of other articles and penal law.
The provisions of the other articles of this chapter apply as far as
practicable to voting by voting machines, except as herein provided.
The provisions of the penal law r.nd of this chapter relating to
misconduct at elections shall apply to elections with voting ma-
chines. Any person who shall before or during an election tamper
with any voting, machine; or who shall interfere or attempt to
interfere with the correct operation of the voting machine, or the
secrecy of voting; or shall wilfully injure a voting machine to
prevent its use; or, any election or police oflScer or anyone em-
ployed to assist in the care or arrangement of the voting machine,
who shall permit any person to violate the secrecy of the voting, or
to interfere in any way with the correct operation of the voting
machine; or any unauthorized person who shall make or have in
his possession a key to a voting machine that has been adopted
and will bo used in elections in this state shall be guilty of n
felony, punishable by imprisonment in a state prison for not
less than one year nor more than five years.
218 The Election Law
§ 418. When ballot clerks not to be eleoted. Ballot
clerks shall not be elected or appointed for any district for
which a voting machine shall have been adopted, and which will
be supplied and ready for use at the next election to be held
therein.
§ 419. Nnmber of voters in elecrtion districts. For
any election in any city, town or village in which voting machines
arc to be used, the election districts in which such machines are to
bo used may be created by the officers charged with the duty of
creating election districts, so as to contain as near as may be
four hundred and fifty voters each. Such redistricting or re-
division may be made at any time after any Xovember election
and on or before August fifteenth followinir, to take effect on the
sixth Wednesday before the next general election. ^Vhere such re-
districtinfif or rcdi vision shall be made in anv town, the board male-
~ I, 7
ing the same shall, on or before September first following, ap-
point from the inspectors of election then in office (if sufficient
therefor are then in office, and, if not, from persona not in office,
sufficient to make up the requisite number), to take effect on or
before the first dav of re":istration thereafter and not earlier than
the second Wednesday following the next fall primary, four
insj)ectors of election for each election district thus created, who
shall be equally divided between the two parties entitled to repre-
sentation on said boards of inspectors. Thereafter no redi vision
of such election district shall be made for elections by such ma-
chines until at some general election the number of votes cast in
one or more of such districts shall exceed five hundred. But the
town board of a town in which such machines are used mav alter
the boundaries of the election districts at any time after a general
election and on or before August fifteenth following, to take effect
on the sixth Wednesday before the next general election, provided
that the number of such election districts in such town shall not
be increased or reduced, and the number of votes to be cast in anv
district whose boundaries are so altered shall not exceed five
hundred.
If the creation, division or alteration of an election district is
rendered necessarv bv the creation, division or alteration of a
town, ward or city or rendered necessarv or occasioned bv the
division of a county into asvsembly districts after a reapportion-
ment by the lofzislature or members of assembly, such creation,
division or alteration of an election district shall be made and
Voting Machines 219
shall take effect immediately; and inspectors of election for the
new election districts, as so created, divided or altered, shall be
appointed, in the manner provided bv law, a reasonable time be-
fore the next official primary or mec^tin": for registration aTid
such appointments shall take effect immediately. [.4^ cumendrd
hff chap. 244, Laws of 1914, and chap, 5*^7, Ijairs of 1916.]
§ 420. Definitions. The list of candidates nsed or to be
used on the front of the voting machine shall be deemed official bal-
lots under this chapter for an election district in which a voting
machine is used pursuant to law. The word " ballot " as used
in this article, (except when reference is made to irregular bal-
lots) means that portion of the cardboard or paper or other
material w^ithin the ballot frames containing the name of the
candidate and the emblem of the party organization by
which ho was nominated, or a statement of a proposed consti-
tutional amendment, or other question or proposition with the
word '' Yes " for voting for any question or the word " No "
for voting against any question. The term ** question " shall
mean any constitutional amendment, proposition, or other ques-
tion submitted to the voters at anv election. The term " ballot
label '' shall mean the printed strips of cardboard containing the
names of the candidates nominated, and the questions submitted.
The term ^' irrejnilar ballot " shall mean a vote cast, bv or on a
special device, for a person whose name does not appear on the bal-
lot labels. The term " voting machine custodian " shall mean the
person who shall have charge of preparing and arranging the vot-
ing machine for elections. The term '* protective counter " shall
Taean a separate counter built into the voting machine which can-
not be reset, which records the total numl)er of movements of the
operating lever. \As amended hij chup. 821, Laws of 1913.]
§ 421. Saving clause. Nothing herein shall be deemed to
prohibit the adoption or use of any voting machine at any elec-
tion within any town, city or village that has adopted the same
prior to the tenth day of December, nineteen hundred and thir-
teen, if the mechanism is or may be made adjustable to conform
to the grouping of candidates under the title of the office, but
*lie method of conducting an election therewith shall be in the
uianner prescribed by this chapter. [.4s amended by chap. 821,
Lnivs 0/1913.]
220 The Election Law
^ARTICIiE 12
Boards of Canvassers
Section 430. Organization of county board of canvassers.
431. Production of returns and tally sheets.
432. Correction of clerical errors in election district
statements.
433. Mandamus to county or state boards of canvassers
to correct errors.
434. Proceedings of state board of canvassers upon cor-
rected statements of county boards.
435. !^^andanlus to state board to canvass corrected state-
ments of county boards.
436. Proceedings upon corrected statements.
437. Statements of canvass by county boards; preserva-
tion of protested, void and wholly blank ballots.
438. Decisions of county boards as to persons elected.
439. Transmission of statements of county boards to
secretary of state and board of elections.
440. Organization and duties of board of canvassers of
the city of Kew York.
441. Organization of state board of canvassers.
442. Canvass by state board.
443. Certificates of election.
444. Eecord in office of secretary of state of county
officers elected.
§ 430. Organization of oonnty board of canvassers.
The board of supervisors of eaoh oounty shall be the county
board of canvassers of such countv. The'countv board of can-
vas&ersof each countv within the citv of Xew York shall consist
of the members of the hoard of aldermen of the city of Xew
York elected as such within the county. The said county board-
of canvassers shall also within their respective counties bo the
citv board of canvassers of such citv. The county board of cair
vassers of a countv contiaininff a citv or cities shall bo the citv
board of canvassers of such city or cities, except that the boartl
of aldermen of the city of Buffalo shall bo the city board of
canvassers for such city. The county board of canvassers oi
'As renumbered by chap. 800, Laws of 1013.
BoABDs OF Canvasseks 221
the respective counties shall meet on the Tuesday next after
each election of public officers held in such county other than
an election of town, city, village or district school officers held
at a different time from a general election. The board of county
canvassers shall meet at the usual place of meeting of the board
of supervisors, except that in a county wholly included in the city
of Xew York such board of countv canvassers shall meet at the
olrice of the county clerk. Upon such meeting they shall choose
one of their number chairman of such board. In a county having
a .single commissioner of elections, instead of a board of elections,
such commissioner shall be the secretarv of the board of countv
canvassers. In a countv whollv included within the limits of the
citv of Xew York and in a countv, if anv, in which the sreneral
powers and duties of a county board of elections is devolved upon
the county clerk by this chapter, the county clerk, or if he bo
absent or unable to act, a defmty county clerk designated by tho
clerk, shall be secretarv of the board of countv canvassers. In
every other county of the state the president of the board of elec-
tions shall be the secretary of the board of county canvassers, or if
he be absent or unable to act, the secretarv of such board shall be
the secretary of the board of county canvassers. When a chair-
man of the board of county canvassers shall have been cliosen,
j;s above provided, the secretary of such' board shall thereu])on
administer the constitutional oath of office to the chairman, who
tball then administer such oath to each member, and to the sec-
retarv of the board. A maioritv of the members of anv board of
canvassers shall constitute a quorum thereof. If, on the day fixed
for Huch meeting, a majority of any such board shall not attend,
tho members of the board then present shall elect the chairman
of tho board and adjourn to some convenient hour of the next day.
If such board, or a majority thereof, shall fail or neii:lect 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, [.l.v amended hy chap,.
432 Laws of 1910, and chap. 537, Laws of 1916.]
§ 431. Production of returns and taiUy sheets. As
soon as such board of county canvassers shall have been organized,
the oflacer with whom thev were filed shall deliver to such board of
t/ •
canvassers all the returns with tally sheets annexed containing
the original statements of canvass received from inspectors of elec-
tion for districts within the county for which said board aro
222 The Election Law
county or citv -canvassers. The original statements which have
been delivered to members of the board of canvnssers shall then be
delivered to the board. If any member of the^ county board of
canvassers shall be unable to attend the first meeting of such
board, he shall, at or before such meeting, cause to be delivered
to the secretary of such board any original statement that may
have come into his possession. If, at the first meeting of a county
board of canvassers of any county, all returns with tally sheets an-
nexed so required to be produced shall not be produced before
the board, it shall adjourn to some convenient hour of the same
or the next day, and the secretary of such board shall, by special
messenger or otherwise, obtain such missing returns, if possible,
otherwise he shall procure the other set of returns with tally sheets
annexed, or, failing that, the third set of returns without tally
sheets, in time to be produced before such board at its next meeting.
At such first meeting, or asjBOon as an original statement of the re-
sult of the canvass of the votes cast at such election in every elec-
tion district of the county shall be produced before such board,
the board shall proceed to canvass the votes cast in such county at
such election. [.45 amend'ed by chap. 821, Laws of 1913, and
chap. 537, Laws of 1916.]
§ 432. Correctioii of clerical errors in election dis-
trict statenients* If, upon proceeding to canvass such votes,
it shall clearly appear to any county board of canvassers that
certain matters are omitted from any such statement which should
have been inserted, or that any merely clerical mistakes exist
therein, they shall have power, and such power is hereby given, to
summon the election ofiicers whose names are subscribed thereto
before such board, and such election officers shall forthwith meet
and make such correction as the facts of the case require ; but such
election officers shall not change or alter any decision before made
by them, but shall only cause their canvass to be correctly stated.
The board of county canvassers may adjourn from day to day not
exceeding three days in all, for the purpose of obtaining and re-
ceiving such corrected statements. lAs amended by chap. 821,
Laws of 1913.]
§ 433. Mandamus to connty or state boards of can-
vassers to correct errors. The supreme court may- upon
affidavit presented by any voter, showing that errors have occurred
in any statement or determination made by the state board of can-
vassers, or by any board of county canvassers, or that any sucli
BoABDS OF Canvassebs 223
board has failed to act in conformity to law, make an order requir-
ing such board to correct such errors, or perform its duty in tho
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 iiiaadanius, 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 bo deemed a continuation of its reirular session, for the pur-
pose of making such corrections, or otherwise acting as the court
may order, and the statements and certificates shall bo made nnd
filed as the court shall direct, and shall stand in lieu of the original
certificates and statements so far as thoy shall vary therefrom, and
shall in all places be treated with the same effect as if such cor-
rected statements had been a part of the originals required by law.
A special proceeding authorized by this section must he com-
menced 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 particu-
lar or particulars as to which it is claimed to have failed to per-
form its duty.
§ 434. Proceedings of state board of canvasfters
upon corrected statements of county boards. When
a new or corrected statement or certificate, made by a board
of county canvassers under the provisions of the preceding sec-
tion, shall vary from the original statement or certificate with
reference to votes for the offices of governor, lieutenant-governor,
judge of the court of appeals, justice of the supreme court,
secretary of state, comptroller, state treasurer, attorney-general,
state engineer and surveyor, senator or representative in
congress, or any of them, the county clerk, or other officer with
whom the same is filed, shall forthwith prepare and transmit
certified copies thereof to the oflBcials mentioned in section four
hundred and thirtv-nine of this article, in the manner therein
prescribed. The secretary of state shxill thereupon file in his office
the certified copy received by him, and obtain from the governor
and comptroller the certified copies received by them, or either of
*hem, and file the same in his office. Tie shall then, and within
fi^e days after any such certified copy has been received by him,
224 The Election Law
appoint a meeting of the state canvassers to be held at his office,
or the office of the state treasurer or comptroller, and the said
board of state canvassers shall, from such certified copies,
proceed to make a new statement of the -whole number of
votes given at the election referred to in such statement for the
various offices above mentioned, or any of them, so far as the
number of votes for any particular office or candidate has been
changed by such new or corrected statement in the manner pro-
vided by section four hundred and forty-two of this article. Upon
the new or corrected statement thus made, the said board of state
canvassers shall then proceed to determine and declare what per-
son or persons whose votes are affected by such new or corrected
statement have been, by the greatest number of votes, duly elected
to the various offices, or any of them, and the statement, certificate
nnd declaration thereupon made shall stand in lieji of the original
stateinent, declaration and certificate so far as the latter are
changed by the former.
§ 436. Mandamus to state board to canvass coir-
rected statements of county boards. The supreme court
shall, upon application of a candidate interested in the result of
such new or corrected statement, or of any voter in the
county from which such statement came, and upon proof by affi-
davit that the same had been made and filed as herein provided,
and that the state board of canvassers has nerjlected 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 ns 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 aforo
said, the court may compel such board by writ of mandamus to
act upon and canvass such new or corrected statement, and make a
statement, certifir^ato and declaration in accordance tli'^rewith: and
if the state board of canvassers shall have made a detemiination,
and adjourned or dissolved before receiving such new or corrected
statement, the court may compel such board to reconvene for the
purpose of carrying out its order and direction; and for that pur-
pose the meeting of said board shall bo deemed a continuance of its
roGTiilar session.
S 436. Proceedings npon corrected statements. The
state board of car.vassers and the secretary of state shall ^e^
spectively have the same powers and discharge the same clntit*^
Boards of Canvassees 225
with reference to new or corrected statements, that they have and
are charged with with reference to original statements.
§ 437. Statements of canvass by county boards;
preservation of protested, void and xvbolly blank
ballots. Upon the completion by a county board of canvassers
of the canvass of votes of which original statements of canvass are
bv law required to be delivered to them, by the boards or officers
with whZ the same may have been filed by the inspectors of
election, they shall make separate statements thereof as follows:
1- One statement of all such votes cast for each office of elector
of president and vice-president of the United States.
2. One statement of all such votes cast for each state office, to
include, in the case of a candidate for governor who was nominated
by two or more parties or independent bodies, a separate state-
ment of the niimbcr of votes cast for him as the candidate of each
party or independent body by which he was nominated.
3. One statement of all such votes cast for each office of repre-
sentative in congress, except that the board of canvassers in the
county of New York shall not make a statement of the votes cast
in any election district in said county, for any candidate for the
office of assemblyman, senator or representative in congress, the
candidates for which were also voted for bv voters in election
districts in anv county not within the citv of Xew York.
4. One statement as to all such votes cast upon every proposed
constitutional amendment or other proposition or question duly
submitted to all the voters of the state.
5. One statement as to all the votes cast for all and each of the
candidates for each office of member of assemblv for which tlio
voters of such county or any portion thereof, except as provided
in paragraph numbered three in this section, w^ere entitled to vote
at such election.
n. One statement as to all the votes cast for each county office,
and office of school commissioner, for which the voters of such
county, or any portion thereof, were entitled to vote at such elec-
tion, and to be canvassed by them.
7. One statement as to all the votes, if any. upon any proposi-
tion or question upon wliich only the voters of such county were
entitled to vote at such election.
8. In the counties wholly or partly witliin the citv of New
York, the respective county boards .-hall make a separate state-
ment as to the votes, if anv, so cast upon anv proposition or ques-
8 ' ^ •
226 The Election Law
tioii upott which only the voters 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 votes cast for all the candidates for each such office;
and if anv such office was to be filled at such election by the voters
t. »
of a portion only of a county, all the votes cai>t for all the candi-
dates for each office in any such portion of a county, designating:
it by its proper district number or other appropriate designation ;
the name of each such candidate ; the number of votes so cast for
each, and, in the case of a candidate for governor who was nomi-
nated by two or more parties or independent bodies, the number
separately stated of votes cast for him as the candidate of each
party or independent body by which he was nominated; and the
whole number of votes so cast upon any proposed constitutional
amendment or other proposition or question, and all the votes .-o
cast in favor of and against the same respectively. In the counties
wholly or partly within the city of ]N'ew York, the respective
county boards shall make a separate statement of the votes cast
for all the city offices voted for by the voters of such city or any
portion thereof, within such counties.
The statements required by this section shall each be certified
as 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 bo^rd of elections of each county except in the counties wholly
within the citv of N-ew York, and in such counties thev shall be
filed in the office of the county clerk. When the whole canvass
shall be completed, all original statements of canvass used thereat
shall be filed in the office of the secretary of the board, who shall
file a report of such canvass with the board of supervisors, except
in counties wholly within a city of the first class. The original
statement of canvass not used at the canvass and the packages of
protested, void and wholly blank ballots sha*ll be retained in the
office in which or by the officer with whom they were filed, except
as otherwise expressly provided by law. The packages of pro-
tested, void and wholly blank ballots shall be retained inviolate in
the office in which they are filed subject to the order and examina-
tion of a court of competent jurisdiction, or to examination by a
committee of the senate or assembly to investigate and report on a
contested election of member of the legislature where such ballots
were cast at such election, and mav be destroyed at the end of six
months from the time of the completion of such canvass, unlesis
otherwise ordered by a court of competent jurisdiction or unless
Boards of Canvassers 227
such committee examination be pending. [As amended by chajK
821, Laws of 1913, chap. 244, Laws of 1914, and chap. 587, Laws
of 1916.]
§ 438. Decisions of county boards as to persons
elected.* Upon the completion of the statements required by
the preceding ^section the board of canvassers for each county shall
determine what person has by the greatest number of votes been so
elected to eaeli office of member of assembly to be filled by the
voters of each county for which they are county canvassers if con-
stituting one assembly district, or in each assembly district therein,
if there be more than one, and each person elected by the greatest
number of votes to each county office of such county to be filled at
such election, and if there be more than one school commissioner
district in such county, each person elected by the greatest number
of votes to the office of school commissioner to be filled at such elec-
tion in each district. The board of elections of the countv of
•
Hamilton shall forthwith transmit to the board of elections of the
county of Fulton a certified copy of the statement so filed and
recorded in its office of the countv board of canvassers of Hamilton
countv as to all the votes so cast in Hamilton countv for all the
caiididates and for each of the candidates for tlie office of member
of assembly of the assembly district composed of Fulton and Ham-
ilton counties ; and the board of ele^'tions of Fulton countv shall
f<^rth\vith 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 countv shall determine
whether any proposition or question submitted to the voters of
such county only has by the greatest number of votes been adopted
or rejected.
All such determinations shall be reduced to writing and
signed by the members of such board, or a majority of them, and
filed and recorded in the office of the board of elections of such
county, except in the counties wholly within the city of Xew York,
and in such counties the countv clerk, who or which shall each
cause a copy thereof, and of the statement filed and recorded in
his or its office, upon which such determination was based, to be
published in accordance with the provisions of the laws of eigh-
teen hundred and ninety-two, chapter six hundred and eighty-six,
sections twentv-one and twentv-two.
The "board of elections of each county, except in the counties
228 The Election Law
wholly within the city of New York, and in such counties the
county clerk, shall prepare as many certified copies of each certifi-
cate of the determination of the countv board of canvassers of such
a.
county as there are persons declared elected in such certificate,
and shall, without delay, transmit such copies to the persons
therein declared to be elected, respectively. [Amended hi/ chap.
537, Laws of 1916.]
§ 439. TransmifiOiioii of statements of county boards
to secretary of state and board of elections. Upon the
filing in the ofiice of the county clerk or bo^rd of elections of a
statement of the county board of canvassers as to the votes cast
for candidates for the oflices of electors of president and vice-
' president, or as to the votes cast for candidates for state ofiicers,
except members of assembly, and for representatives in congress,
or as to the votes cast on any proposed constitutional amendment or
other proposition or question submitted to all the voters of the
state, such countv clerk or board of elections shall forth-
with make two certified copies of each such statement, and,
within five days after the tiling thereof in his or its ofiice, trans-
mit by mail one of such copies to the secretary of state, and one
to the comptroller of the state. The comptroller shall forthwith
upon the receipt thereof deliver such certified copy to the secre-
tary of state. If any certified co[)v shall not be rei»eived 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
froiii the county clerk or board of elections required to transmit the
siime, and such countv clerk or board of elections shall immediatelv
upon demand of such messenger at his or its office make and de-
liver a certified copy to such messenger who shall, as soon as
practicable, deliver it to the secretary of state.
The board of elections of each county, except a county wholly
within the city of New York, and in anv such county the countv
clerk, shall transmit to the secretarv of state within twentv davs
after a general election, and within ten days after a special elei*-
tion, a list of the names and residences of all persons determined
by the board of county canvassers of such county to be elected
member of assembly, or to anv countv ofiice ; 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 coimtv bv
election districts for candidates for governor, lieutenant-governor,
secretary of state, comptroller, treasurer, attorney-general, state
BoABDS OF Canvassebs 229
engineer and surveyor and United States senator, or any proposed
oonstitutional amendment or other proposition, at the last preced-
ing general election, to include, in the case of a candidate for gov-
ernor who was nominated by two or more parties or independent
bodies, a separate statement of the number of votes cast for him
as the candidate of each party or independent body by which he
was nominated.
Upon the filing in the office of the county clerk of a county
wholly or partly within the city of Kew York of a statement of
the county board of canvassers as to the votes cast for candi-
dates for a city office within such city, such county clerk shall
forthwith make a certified copy of each such statement and, within
five days after the filing thereof in his office, deliver in a sealed
envelope such certified copy to the board of elections of the city
of Xew York; on or before the fifteenth day of December in any
vear in which there shall have been an election for a city office
• I.'
for which votes were cast in a countv within the citv of Xew York
the countv clerk thereof shall file with the citv 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. \As am-ended by
chap. 244, Laws of 1914, and chap. 537, Latvs of 1916.]
§ 440. Organization and duties of board of can-
vassers of tlie 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 boards of
canvassers of the counties within such city of the votes cast in
such city or any portion thereof for a city office or upon any
proposition or question upon which only voters of such city
were entitled to vote. The members of the board of elections
^hall meet at the usual place for holding their regular meeting
on the first Monday in December succw'ding a general election
for a city office within such city and within thirty days after a
special election, and shall organize by selecting one of the mem-
Ikts as chairman. The secretary of the board of elections of the
city of Xew York shall be the secretary of the board so organized,
or if he be unable to serve the board may appoint a chief clerk to
be such secretary. The secretary shall thereupon administer to
the chairman the constitutional oath of office and the chairman
shall administer such oath to the members of such board and the
secretary thereof.
230 The Elbctiok Law
•
As soon as such board shall have organized the secretary shall
deliver to such board the certified copies of the statements of the
county board of canvassers of each county vehoUy or partly
within such city of the votes cast for candidates for city office
within such city and upon any proposition or question, if any,
submitted to the voters of such city only, and the said board shall
proceed to canvass such statements. If a certified copy of any
statement of any county board required to be delivered to said
board shall not be delivered prior to the meeting and organ-
ization of said board, it may *adjorun such meeting from day
to day not exceeding a term of five days, and it shall be the duty
of the secretary to procure from the county clerk of such county
the required certified copy of such statement
Upon the completion of such canvass said board shall make
separate tabulated statements signed by tlie members of such board
or a majority thereof, and attested by the secretary, of the whole
number of votes cast for all the candidates for each office shown
by such certified copies to have been voted for, the whole number
of votes cast for each of such candidates, the number of votes cast
in each county for them, and if the voters of only a part of a
county were entitled to vote for such candidates, the part of such
county, and the determination of the board as to the persons
therebv elected to such office bv the greatest number of votes.
The said board shall also make a separate similar tabulated state-
ment of the votes cast upon any proposition or question submitted
at the election to the voters of such citv only and shall include a
determination as to whether such proposition or question by the
greatest number of votes has been adopted or rejected.
Each such statement and determination shall be filed and
recorded in the office of the board of elections, and the said board
shall cause the publication of the same in at least two newspapers
within each borough of such city and in the City Record. Upon
the filing in the office of the board of elections of such statements
and determinaticn the president of the board of elections shall issue
and transmit by mail or otherwise a certificate of election to each
person shown thereby to be elected, such certificate to be 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.
§ 441. Organization of state board of canvassers.
The secretary of state, attorney-general, comptroller, state
• s
o in orififinal.
BoAJttDS OF Canvassers 231
engineer and surveyor, and treasurer, shall constitute the state
board of canvassers, three of whom shall he 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 accordin^rly, and shall, with
the other such oflficers attending, constitute such board. The secre-
tary of state shall appoint a meeting of such board at his office,
or at the office of the treasurer or comptroller on or before the
fifteenth day of December next after each general election, and
within forty days after each special election, to canvass the state-
ments of boards of county canvassers of such election. lie shall
notify each member of the board of such meeting. The board
may adjourn such meeting from day to day, not exceeding a term
of five days.
§ 442. Canvass by state board. Such board shall 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 dis-
sent from a decision of the board, or shall deem any of the acts or
proceedings of the board to be irregular, and shall protest against
the same, he shall state such dissent or protest in writing signed
by him, setting forth his reasons therefor, and deliver it to the
secretary of state, who shall file it in his office.
Hpon the completion of such canvass said board shall make
separate tabulated statements signed by the members of such board
or a majority thereof, of the whole number of votes cast for all the
candidates for each office shown by such certified copies to have
been voted for, the whole number of votes cast for each of such
candidates, the number of votes cast in each county for them, and
if the voters of only a district of the state were entitled to vote
for any such candidate, the name and number of such district; the
determination of the board as to the persons thereby elected to
such office; the whole number of votes shown by such certified
copies to have been cast upon each proposed constitutional amend-
ment or other proposition or question shown by such copies to have
been voted upon ; the whole number of votes east in favor of and
against each, respectively; and the determination of the board as
to whether it was adopted or rejected. Each such statement, dis-
sent and protest shall be delivered to the secretary of state and
recorded in his office.
232 TirE Electiox Law
§ 443. Certificates of election. The secretary of state
shall thereupon forthwith transmit a copy, certified by his signa-
ture 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 to such office. He shall prepare a general certifi-
cate, under the seal of this state, and attested by him as secretary
thereof, addressed to the house of representatives of the United
States, in that congress for which any person shall have been
chosen, of the due election of all persons so chosen at that election
as representatives of this state in congress ; and shall transmit the
same to the house of representatives at its first meeting. If any
person so chosen at such election shall have been elected to supply
a vacancy in the office of representative in congress, it shall be
mentioned by the secretary of state in the statements to be pre-
pared by him.
§ 444. Record in office of secretary of state of
county officers elected* The secretary of state shall enter in
a book to be kept in his office the names of the respective county
officers elected in this state, including school commissioners, speci-
fying the counties and districts for which they were severally
elected, and their places of residence, the offices to which they were
respectively elected, and their terms of office.
'ARTICLE 18
* United States Senators, Representatives in
Congrress and Presidential Electors
Section 449. ' United States senators.
450. Representatives in congress.
451. Electors of president and vice-president.
452. Meeting and organization of electoral college.
453. Secretarv of state to furnish lists of electors.
454. Vote of the electors.
455. Appointment of messenger.
456. Other lists to be furnished.
457. Compensation of electors.
§ 449. United States senators. At the general election
next preceding the expiration of the term of office of a United
States senator from this state, a successor to such office shall be
* As renumbered by chap. 800, Laws of 1913,
■ Article heading amended by chap. 820, Laws of 1913.
* Section 449 added by chap. 822, Laws of 1913.
Senatobs, Bepresei^tatives and Electobs 233
elected by the people for a full term of six years. If a vacancy oc-
cur in the oflSce of United States senator from this state in any
calendar year less than thirty days prior to a general election, the
goTemor shall make a temporary appointment to fill such vacancy
until the first day of December in the succeeding calendar year.
If such a vacancy occur in any calendar year more than thirty
days prior to a general election the governor shall make a tempo-
rary appointment to fill such vacancy until the first day of Decem-
ber in such calendar year. Such an appointment to fill a vacancy
shall be evidenced by a certificate of the governor which shall be
filed in the oflSce of the secretary of state. At the time of filing of
such certificate the governor shall also issue, and file in the office of
the secretary of state, a writ of election directing the election of a
United States senator to fill such vacancy for the unexpired term
at the general election next preceding the expiration of the term
of such appointment. The provisions of this chapter relating to
the canvass of votes and of election results shall apply to such an
election to fill a vacancy, except that Jthe canvass of votes and
results aflFecting the office of United States senator shall be com-
pleted by the county board of canvassers, and statements thereof
certified to the secretary of state within ten days after the election
and the canvass of such results completed by the state board of
canvassers and statements thereof certified to the secretary of state
before the first day of December following the election. Each
county board of canvassers shall meet and organize for such pur-
pose on the third day after the election and the state board of
canvassers on the second Monday after election. \_As added by
chap. 822, Laws of 1913.]
§ 450. Representatives in congress. Representatives
in the house of representatives of the congress of the United
States shall be chosen in the several congressional districts
at the general election held therein in every even numbered
year. If any such representative shall resign, he shall forth-
with 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.
§ 451. Electors of president and Tice-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-
234 The Election Law
president of the United States, there shall be elected by general
ticket as many electors of president and vice-president as this state
shall be entitled to, and each voter 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.
§ 452. Meeting and organization of electoral col-
lege. The electors of president and vice-president shall convene
at the capitol on the second Monday in January next fol-
lowing their election, and those of them who shall be assembled
at twelve o'clock, noon, of that day, shall immediately at that hour
fill, by ballot and by plurality of votes, all vacancies in the elec-
toral college occasioned by the death, refusal to serve, or neglect
to attend at that hour, of any elector, or occasioned by an equal
number of votes having been given for two or more candidates.
The electoral college being thus completed, they shall then choose
a president, and one or more secretaries from their own body.
§ 453. Secretary of state to furnish lists of electors.
The secretary of state shall prepare three lists, setting forth
the names of such electors, and the canvass under the laws of this
state of the 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 l^us signed and sealed to the president of the college of
electors on the second Monday in January.
§ 454. Vote of the electors. Immediately after the or-
ganization 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 this state. 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 per-
sons voted for as vice-president, and of the number of votes for
each, which lists they shall sign and certify, and after annexing
thereto one of the lists received from the secretary of state, they
shall seal up the same, certifying thereon, that lists of the votes
of this state for president and vice-president are contained therein.
§ 455. Appointment of messenger. The electors shall
then, by a writing under their hands, or under the hands of a
State Superintendent of Elections 235
majority of them, appoint a person to take charge of the lists so
sealed up, and 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 person shall deliver the lists of votes in his custody into
the office of the secretary of state of tlie United States.
§ 456. Other lists to be fnrnished. The electors shall
also forward forthwith, by the post-office in the city of
Albany, to the president of the senate of the United States at the
seat of government, and deliver forthwith to the judge of the
United States court for the northern district of the state of [N'ew
York, similar lists signed, annexed, sealed up and certified in the
manner aforesaid.
§ 457. 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 certificate of the secretary of state, and paid
by the treasurer.
'ARTICLE 14
'® State Superintendent of Elections
Section 470. ^^Metropolitan elections district.
471. State superintendent of elections, chief deputy and
assistants.
472. Powers of superintendent, clerks and deputies.
*473. Deputies; appointment, qualification, examination,
vacancies and terms.
474. Additional deputies.
475. Control and powers of deputies; refusal to furnish
information.
476. Aid by private persons and public officers.
^Ab renumbered by chap. 800, Laws of 1913.
M Title asiended by chap. 649. Laws of 1911 and chap. 800. Laws of 1013.
*• He pealed by cbsp. 649, Ijtwb of 1911.
* Repealed by cbap. 678, Laws of 1915.
236 The Election Law
Section 477. Subpoenas by state superintendent.
478. Administration of oaths by superintendent and
deputies.
479. Attendance and duties at polling places.
480. Keports by lodging-house and hotel keepers.
481. Affidavits by hotel keepers holding liquor licenses.-
482. Filing such reports and affidavits.
483. Reports by police and certain departments.
484. List to be furnished if required by the superin-
tendent of elections.
485. Card lists of registered electors.
486. Challenge lists.
487. Salaries and expenses.
488. Report to governor.
489. ^^Authority of state superintendent of elections.
§ 471. State superintendent of elections, chief
deputy and assistants. There shall be an officer to be known
as *' state superintendent of elections." The governor shall ap-
point such superintendent of elections by and with the advice
and consent of the senate, who shall hold office for the full term
of four years. Such term shall begin on the first day of Janu-
ary in every fourth year beginning with the year nineteen hun-
dred and fifteen and shall expire on the thirty-first day of
December. Vacancies shall be filled for the remainder of the
unexpired term. Such superintendent may be removed from
office in the same manner as a sheriff. He may appoint one chief
deputy without nomination, a secretary and necessary clerks,
stenographers and other employees, and remove them at pleasiire.
[As amended by chap. 240, Laivs of 1900, chap. 649, Laws of
1911, and chap. 678, Laws of 1915.]
§ 472. PoTirerfl of superintendent, clerks and depu-
ties. Such state superintendent of elections and the deputies
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 chief deputy shall be placed in charge of the
branch office in the city of Xew York. Any clerks, appointed
by the state superintendent of elections pursuant to the pro-
visions of this article, shall have power, when directed by the
state superintendent of elections, to administer oaths and affir-
mations required by law or by any order, rule or regulation of
20 New section added by chap. 891, Laws of 1911.
State Supekintendent of Elections 237
the state siiperintendent of elections, for or in connection with
the appointment and qualification of deputy superintendents of
elections appointed pursuant to the provisions of this article.
[As amended by chap. 64:9, Laws of 1911, and chap. 678, Laws
of 1915.]
§ 474. Additional deputies. The superintendent, when-
ever he deems it necessary, may appoint, in addition to the chief
deputy, without nomination, and at pleasure remove, not more
than two hundred and thirty-three other deputies, to be employed
by him in enforcing the provisions of this article. [As amended
by chap. 649, Laws of 1911, and chap. 678, Laws of 1915.]
§ 475. Control and po^wers of deputies; refusal to
furnish information. All deputies appointed under this
article shall be subject to the direction and control of the state
superintendent and he may, subject to the next provision, assign
them to any election district. He must, however, assign to duty
in the city of New York seventy of the deputies receiving annual
salaries and eighty-seven deputies receiving per diem compen-
sation. The state superintendent shall make such rules for the
control and conduct of his deputies as he may deem advisable,
not in conflict with law.
Such deputies, when directed by the state superintendent, shall,
on their own motion, or on complaint of any citizen of the state,
mav :
•«
1. Investigate all questions relating to registration of voters,
and for that purpose diall have power to visit and inspect any
house, dwelling, building, inn, lodging-house or hotel and interro-
gate any inmate, hou?e-dweller, keeper, care-taker, owner, pro-
prietor or landlord thereof or therein, as to any person or persons
residing or claiming to reside therein or thereat.
2. Arrest any perron without warrant \vlio in his presence
violates or attempts to violate any of the provisions of this chapter
or the penal law relating to crimes against the elective franchipo.
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 documents
relating to or affecting the election or the registration of voters.
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
£38 The Eusction Law
l^t]uired or authorized by this article, or to exhibit reoords, papers,
or documents herein authorized to be inspected, or which are re-
quired to be exhibited, shall be guilty of a misdemeanor. [As
amended by chap. 649, Laws of 1911, <md chap. 678, Laws of
1915.]
§ 476. Aid "by private persons and public oflElcers.
The state superintendent, or any deputy, may call on any person
to assist them in the performance of their duty; and they may
also call on any public officer who by himself or his assistants,
deputies or subordinates shall render such assistance as may be
required. Any such person, public officer, deputy or subordinate
who shall fail, on demand of the superintendent or any deputy,
to render such aid and assistance in the performance of his duty as
he shall demand, or who shall willfully hinder or delay, or attempt
to hinder or delay such superintendent or deputy, in the per-
formance of his duty, shall be guilty of a felony and shall upon
conviction thereof be sentenced to imprisonment in a state prison
for a period of not more than three years; and if a public officer,
shall, in addition to such imprisonment, forfeit his office. A mem-
ber of a uniformed police force and every sheriff, deputy sheriff
land election officer shall, for the purpose of this article, be deemed
a public officer. [.45 amended by chap. 649, Laws of 1911, and
chap. 678, Latrs of 1915.]
§ 477. Subpoenas by state superintendent. The state
superintendent shall have power to issue subpoenas for the pur-
pose of investigating any matter within his jurisdiction and of
aiding him in enforcing the provisions of this article, such sub-
poenas to be issued in the name of the state superintendent. He
may in proper cases issue subpoenas duces tecum. A subpoena
issued by the state superintendent of elections may be served by
the superintendent or by any deputy appointed by him or by
any police or peace officer.
Any person who shall omit, neglect or refuse to obey a sub-
poena attested in the name of the state superintendent and made
returnable at one of the offices or branch offices of the super-
intendent, or who shall refuse to testifv under oath before him
or his chief deputy, or other deputy dulv designated by the
superintendent pursuant to the provisions of this article, is guilty
of a misdemeanor. \As amended by chap. 649, Lairs of 1911,
and chap. 678, Lairs of 1915.]
State Superintendent of Elections 2SJ
§ 478. Administration of oaths by superintendent
and deputies. The superintendent, his chief deputy and any
of the deputies duly designated by the superintendent for that
purpose, under his hand and seal of office, are hereby authorized
and empowered to administer oaths and affirmations in the usual
appropriate forms, to any person in any imitter or proceedings
authorized as aforesaid, and in all matters pertaining or relating
to tlie elective franchise and to take and administer oaths and
affirmations in the usual appropriate forms, in taking any affidavit
or deposition which may be necessary or rei]uired by law or by anj
order, rule or regulations of the superintendent for or in oon-
neetion with the official purposes, affairs, powers, duties or pro-
ceedings of said superintendent or deputies or any official purpose
lawfully authorized by said superintendent.
Any person who shall make any false statement under oath
before the state superintendent, his deputy, or other deputy
authorized to take oaths, as herein provided, is guilty of a felony.
[As amended by chap. 649, Laws of 1911, and chap. 678, Laws
of 1915.]
§ 479. Attendance and duties at polling places.
The state superintendent may attend at any election, and each
deputy shall, on election day, attend the election at the polling
place to which he is assigned. The state superintendent and each
deputy shall be admitted at any time within any polling place and
within the guard-rails thereof. It shall be the duty of the super-
intendent and of each deputy during the election to preserve order
and arrest any person violating or attempting to violate this
chapter or any provision of the penal law relating to the elective
franchise. [As amended by chap. G49, Laws of 1911, and
chap. 678, Laws of 1915.]
§ 480. Reports by lodsins-bonse and Hotel keepers.
It shall t)e the drty of every landlord, proprietor, lessee or keeper
of a lodging-house, inn or hotel, to keep a register in which shall
be entered the name and residence, the date of arrival and
departure of his guests and the room, rooms or bed occiipied by
them. This register shall be so arranged that there shall be a
space on the same line in which each male guest or male lodger
shall sign his name, and such landlord, proprietor, lessee or
keeper shall make a sworn report upon a blank to be prepared
and furnished by the state superintendent twenty-nine days before
the deetion next ensuing to the said superintendent of elections,
240 The Election Law
which report shall contain a detailed description of the premises
80 used and occupied as a lodging-house, inn or hotel, including
the size and character of building, and in qase only part of a
building is so used, a statemeiit as to what part of said building
is so used, and also if there be more than one building on the
premises, which particular building is so used, and the names of
the lodgers therein and all employees and all other persons living
therein including the landlord, proprietor, lessee or keeper and
members of his family, who claim a voting residence at or in
such lodging-house, inn or hotel, together with the length of time
they have been regularly lodging or living therein, the beginning
of such residence, the color, age, height, weight, color of hair,
marks on face or hands, the complexion and any distinguishing
marks or features of face or body whereby such persons may be
ijdentified, the place of their nativity, the occupation and place of
business of such persons and the room occupied by each such
{)er8on, and whether such person is a guest, landlord, proprietor,
essee or keeper, and the signature of each such person. Above
the space reserved for the signature of each such person shall be
printed the following words '^ the foregoing statements are true.'^
In the form of affidavit, which shall be sworn to by the landlord,
proprietor, lessee or keeper of such lodging-house, inn or hotel,
shall be included the statement that the signatures of the guests or
lodges certified to in said report, were written in the presence of
such landlord, proprietor, lessee or keeper, and that he personally
knows them to be the persons therein described.
To the end that the sworn report herein required shall truly
set forth the facts therein stated, it shall be the duty of the said
landlord, proprietor, lessee or keeper to question each male person
lodging or living in such lodging-house, inn or hotel as to his
intention of claiming such place as a voting residence, and such
person shall thereupon declare his intention thereof, and if he
shall claim such place as his voting residence he shall give to such
landlord, proprietor, lessee or keeper such facts regarding himself
as are required to be incorporated in the sworn report herein
provided for.
Any such landlord, proprietor, lessee or keeper or any lodger
who shall violate this provision shall be deemed guilty of a mis-
demeanor. [As amended by chap. 649, Laws of 1911, and
chap. 678, Laws of 1915.]
§ 481. Affidavits by hotel keepers holding liquor
licenses. If any person, other than the keeper or members
State Supebintexdent of Elections 211
of his i amil^, sksJl daim a voting residence in a building or part
of the building used as a 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 subdivision one of section eight of the liquor tax
law, the holder of such certificate shall furnish to the state super-
intendent of elections, whenever the superintendent shall require
him so to do, an affidavit properly acknowledged and signed before
a notary public, in which the holder of such certificate shall state
whether he and such building have conformed to and at the time
of making the affidavit do conform to all the requirements of
the laws, ordinances, rules and regulations relating to hotels and
hotel keepers, including all laws, ordinances, rules and regula-
tions of the state or locality pertaining to the building, fire and
health departments in relation to hotels and hotel keepers and
that such building is or was within three months of the said elec-
tion used as a hotel. If for any reason the said building or
part of the building used as a hotel shall be devoted to other than
hotel purposes within three months of said election the holder
of such liquor tax certificate shall state in such affidavit for what
purpose such building or part thereof formerly used for hotel
purposes is then used, and, if the same has been sublet to any
person, he shall so state, giving the terms of said lease, and the
name of the lessee.
Any holder of a liquor tax certificate required to make such
affidavit by the said superintendent who shall refuse, fail or neg-
lect to make and file the same forthwith with the superintendent
is guilty of a misdemeanor. Any holder of a liquor tax certificate
who shall incorporate any false statement in any sworn report or
affidavit to the superintendent of elections is guilty of perjury
and in addition to suffering the penalty prescribed by law for such
crime shall forfeit his liquor tax certificate and shall be deprived
of all rights and privileges thereunder and of any right to a
rebate of any portion of the tax paid thereon, and shall be
debarred from trafficking in liquors for a period of five years
from the date of his conviction. [As amended hy chap. 649,
Laws of 1911, and chap. 678, Laws of 1915.]
§ 482. Filing sncli reports and aAdavits. Any report
or affidavit required by the two preceding sections shall be
acknowledged and sworn to before a notary public, commissioner
of deeds, ot justice of the peace, and shall be filed personally by
such landlord, proprietor, lessee or keeper or by registered mail
242 The Election Law
with the said superintendent of elections at such office as he may
designate. [As amended by chap. 649, Laivs of 1911, arid chap.
i\7S. Imws of 1915.]
§ 483. Reports by police aiml certain departments.
Wlienever the state superintendent of elections shall require, it
shall be the duty of the chief of police and the respective heads
of the departments of buildings, fire and health to forthwith make
a report in writing to the superintendent of elections of e\'ery
building or part of a building^in such* city in which the business
of trafficking in liquors is conducted* under a liquor tax certificate
issued under subdivision one of section eight of the liquor tax
law, showing the location thereof by street and number, election
district and asscmblv district or ward, the character of such
business, as declared by the holder of the certificate, specifying
whether it be a hotel, restaurant, saloon, store, shop, booth or
other place and the name of the holder of such certificate, and
if the place be a hotel the report shall state whether or not the
building and holder of the certificate conform to all the laws,
ordinances, rules and regulations of the state or locality including
the laws, ordinances, rules and regulations of the building, fire
and health departments in relation to hotels and hotel keeper?.
[-45 amended by chap, 649, Laws of 1911, and chap. 678, Tmics
of 1915.]
§ 484. List to be furnished if required by tbe
superintendent of eleetions. The superintendent of elec-
tions shall also have the right throughout the year whenever
deemed necessary by him to require the owner or lessee of anv
hotel, OT inn, containing less than fifty rooms and every lodging-
house or dwelling to make to the superintendent within ten days
after notification, a sworn report upon a blank to be prepared
and furnished by said superintendent, which said report shall
contain a list giving the name of every male person of twenty-
one years of age and upwards, who resides in said hotel, inn,
lodging-house and dwelling, together with the period that they
have resided therein, and such other information as may be
deemed necos.^ary by said superintendent, and said superintendent
shall have the power whenever deemed necessary by him to require
said owner or said lessee in addition to notify said superintendent
whenever any of said male persons shall within twenty-nine days
before election leave said hotel, inn, lodging-house and dwelling.
Said superintendent shall have the power to require said list to
State Supebintendent of Elections 243
be made by the owner if said owner is in possession. If said
owner is not in possession said superintendent shall have the power
to require said owner to furnish the name of the lessee and lessees
of said building and said superintendent shall then have the power
to require said list of said lessee and lessees. In the event that
said building is occupied in part by said owner and in part by a
lessee or lessees the said superintendent shall then have the power
to compel the owner to furnish the said list for the part occupied
bv him, and the names of the lessee or lessees who lease the
remaiuing part of said building, and said superintendent may
require said lists from said lessee or lessees. In the event of
the neglect of the owner or lessee to furnish said list when
demanded by said superintendent of elections, said owner or
lessee shall be guilty of a misdemeanor punishable by a fine of
two hundred and fiftv dollars, and in case of a second conviction
shall be punishable by a fine of five himdred dollars and imprison-
ment. If the owner furnishes to said superintendent a list which
states that a male person has resided in said premises for a longer
period than he has actually resided therein, or if said person
puts upon said list a name under which no person has resided
any length of time in said premises, said owner shall be guilty
of a felony and in addition liable to a penalty of one thousand
dollars, which said penalty shall be a lien upon the house and
the lot upon which the house is situated. If the lessee furnishes
a false list then the said lessee shall be liable to a penalty of one
thousand dollars, which said penalty, in addition to being satisfied
out of any goods or chattels of the lessee, shall be a lien upon the
leasehold, and shall entitle said leasehold to be sold to satisfy
said penalty subject to the rights of the landlord. Every penalty
imposed herein upon a house or leasehold shall be a lien upon
the house and lot or leasehold in relation to which the penalty is
imposed from the time of filing of a certified copy of the judg-
ment in the office of the clerk of the county in which said house
and lot or leasehold is situated, subject only to taxes, assessments,
water rates and to such mortgages and mechanics' liens as may
exist thereon prior to such filing, and it shall be the duty of the
prosecuting officer upon the entry of said judgment to forthwith
file the copy as aforesaid in the office of the clerk of the county
and said copy upon said filing shall be forthwith indexed by the
clerk in the index of mechanics' liens. A lis pendens may be
filed in the office of the clerk of the county in which the realtv or
leasehold is situated at the time of the commencement of the
244 The Election Law
proceedings under this section, [As amended by chap, 649,
Laws of 1911, and chap. 678, Laws of 1915.]
§ 485. Card lists of registered electors. The board
of inspectors of each election district shall on each day of regis-
tration transfer to cards, to be provided for that purpose by the
secretary of state, which cards shall be in form and style approved
by the state superintendent of elections, a complete copy of the
name of each person registered in their respective districts,
together v»ith all of the answers made and information given by
the person registered, at the time of registration, and such cards,
inclosed and sealed in a cover to be provided for that purpose
by the secretary of state, shall be delivered personally or by mail
forthwith by the chairman of the board of inspectors together
with a statement on a blank form, to be furnished bv the secretary
of state after approval by the state superintendent of elections,
that the cards delivered contain a correct copy of all the names
reoristered and information given by the persons so registered, to
the state superintendent of elections at one of his offices to be
designated by him.
In cities of the first class the board of inspectors of each elec-
tion district shall also on each day of registration transfer to the
cards, to be provided for that purpose by the secretary of state,
which cards shall be in form and style approved by the state
superintendent of elections, a complete copy of the name of each
person registered in their respective districts, together with all of
the answers made and information given by the persons registered,
at the time of registration and such other and further information
as may be required by said card and such cards, inclosed and
sealed in a cover to be provided for that purpose by the secretary
of state, shall be delivered personally forthwith by the chairman
of the board of inspectors together with a statement on a blank
form, to be furnished by the secretary of state after approval by
the state superintendent of elections, that the cards delivered con-
tain a correct copy of all the names registered and information
given as required bv said card, to the police department of said
city at such office as A\r]\ b^ designated by said police departments
\As amended hy chap, 049, Laws of 1911, c/i-ap. 678, Laws of
1015, and chap,r>^7, Laws of 1916.]
§ 486. Challenge lists. 1. The state superintendent of
elections shall prepare for «aeh election district in the city of
Xew York a challenge list containing the names, alphabetically
State SFPEBijrrBirDE ftt of Elections 245
arranged, and addresses of all persons who, by reason of death,
removal, conviction or otherwise, have lost the right to register
from the addresses within such election district from which they
registered at the last preceding election. Such challenge lists
shall be delivered to the respective boards of registry in such city
at least one-half hour before the commencement of registration.
It shall be the duty of the chairman of such respective boards
of registrjr to challenge the registration of any person applying
to them for registration under any name on said challenge lists,
unless it shall affirmatively appear ef ter strict examination of the
voter, and, if necessary, others also, that such voter has become
domiciled at a new address within the election district. Said
challenge lists shall contain a column headed " remarks " and it
shall be the duty of the chairman of the rej^pec^tive boards of
registry to enter in said column opposite the names on said lists
whether any person applying for registration under any name
on said lists who was challenged was allowed to register and the
reason for allowing him to register. If a person applies for
registration under any name on said challenge lists who is chal-
lenged and does not register then there shall be entered opposite
such name in the aforesaid column headed '^ remarks " the words
*• challenged but did not register." If no person applies for
registration under any name on said challenge lists then there
shall be entered opposite each such name in the aforesaid col-
umn headed ^' remarks " the words ** no application." Any duly
accredited watcher shall have the right to examine such challenge
list. On each day of registration the chairman of the board of
registry shall make the challenges and the entries in the column
headed ** remarks " as heretofore provided. At the close of the
last day of registration said challenge lists shall be signed and
certified as true by each member of such board of registry and
returned to the state superintendent of elections in a sealed
envelope provided therefor by the said state superintendent.
2. After the last day of registration and before election day in
each year the state superintendent of elections ali=o shall prepare
for each election district in the city of New York a challenge list
containing the names, alphabetically arranged, and addresses of
all persons registered in such district during said last preceding
period of r^stration whom he shall have reason to believe>
from investigation or otherwise, not to be entitled to vote ^t said
election. Such challenge lists shall be delivered to the respective
boards of inspectors in such city at least one-half hour before the
opening of the polls of each election. It shall be the duty of the
24G The Election Law
chairman of the respective boards of inspectors to challenge the
vote of any person presenting himself to vote under any name on
said challenge lists. Said challenge lists shall contain a column
headed '* remarks/' and it shall be the duty of the chairman of
the respective boards of inspectors to enter in said column opposite
the names on said lists whether any person applying to vote under
any name on said lists who was challenged was allowed to vote
and the reason for allowing him to vote. If a person applies to
vote under any name on said challenge lists who is challenged and
does not vote, then there shall be entered opposite such name in
the aforesaid column headed " remarks " the words " challenged
but did not vote." If no person applies to vote under any name
on said challenge lists then there shall be noted opposite each
such name in the aforesaid column headed " remarks " the words
" no application." At the close of the polls said challenge lists
shall be signed and certified as true by each member of such
board of inspectors and returned to the state superintendent of
elections in a sealed envelope provided therefor by the said state
superintendent.
3. The state superintendent of elections shall prepare dupli-
cates of all challenge lists provided for in this section and he
shall keep said duplicate challenge lists on file in his office from
the time of their preparation until the close of the third general
election following the preparation of said challenge lists. The
aforesaid original challenge lists shall also be kept on file for
two years after the general election following liieir preparation.
[As amended by chap, 649, Laws of 1911, and chap, 678, Laws
of 1915.]
§ 487. Salaries and expenses. The annual salary of
the state superintendent of elections shall be five thousand dollars ;
of the chief deputy, four thousand dollars; of the secretary, two
thousand dollars; of one chief stenographer, fifteen hundred
dollars; of not more than thirteen of the deputies, of whom eight
may be assigned to take charge of the branch oifices, fifteen hun-
dred dollars each ; of not more than seventy of the deputies, one
thousand dollars each ; payable semi-monthly. All other deputies
shall receive five dollars for each dav's service, not exc^dinir
forty days for any one election, to be paid on the certificate of
the superintendent or chief deputy, which forty days shall be
within a period beginning one week before the first day of t^s-
tration and ending December thirty-first of such year. The
salaries of the clerks and other stenographers shall be fixed by the
State Superintendent of P^lections 247
said superintendent. All salaries and other compensation pro-
vided by this section shall be paid by the state treasurer on the
warrant of the ccMnptroller.
The state superintendent may provide one main office, which
shall be located in the city of Albany, and branch offices in his
fliseretion, not to exceed eight in number, one of which shall be
located in the city of New York and furnish them with needed
furniture, stationery and. supplies, and expend for such purpose
and for disbursements and expenses in carrying out the provisions
of this article, not exceeding forty thousand dollars each year,
ro be paid by the state treasurer on the audit and warrant of the
(V)mptroller. [As amended by chap, 649, Laws of 1911, and
rhup. 678, Laws of 1915.]
§ 488. Report to governor. The state superintendent
of elections shall annually in the month of December file with the
irovemor a report showing the names and residences of the per-
K>ns appointed by him as deputies during the year, the number
(•f days each has served, the compensation certified for each, the
number of arrests made for violation of this chapter or the penal
law. the names of the persons arrested, the nature of the offense
Ciiarged, the disposition thereof, and any other facts in relation
to the administration of his office which the state superintendent
may deem proper or which may be required by the governor.
\As amended by chap. 649, Laws of 1911, and chap, 678, Laws
of 1915.]
§ 489. Aiitliority of state superintendent of elec-
tions. The authority, powers and jurisdiction of the state
•superintendent of elections with respect to general elections, as
'letined by the provisions of this article, are hereby extended to
primary elections, so far as such provisions may be applicable.
[Added by chap. 891, Laws of 1911, arid amended hy chap. 678,
Laws of 1915.]
*§ 44. The terms of office of the present state superintendents
•>f elections shall expire upon the appointment and qualification
'»f a single superintendent of elections under the provisions of
>ection four hundred and seventv-one of the election law as
nmended by this act. Upon the appointment mid qualification
"f such superintendent of elections, he shall succeed to the powers
and duties of such superintondonts of elections except as modified
• So in orijfinal.
248 The Election Law
■
by this act and shall have the charge, custody and control of the
offices, property, books, records, papers and documents pertaining
to the powers and duties of such superintendents. After this act
takes effect and until the appointment and qualification of such
superintendent of elections, the present superintendents of elec-
tions shall have the powers and duties of the superintendent of
elections as prescribed by the election law as amended by this act.
This act shall not affect any matter pending under the election
law at the time it takes effect or at the time of the appointment
of a single superintendent of elections under section four hun-
dred and seventy-one of such law as amended by this act, which
pertain to the powers and duties of the present superintendents
of elections, nor affect the running of time with respect to any
proceeding provided for in the election law. Any such pending
matter pertaining to the functions of the state superintendenii
of elections shall be continued and disposed of by the state super-
intendent of elections. [Added by chap. 678, Laws of 1915.]
^ARTICLE 15
Soldiers' and Sailors' Elections
Section 500. Special polls in time of war.
5.01. General register of absent voters.
602. Poll books and oaths.
603, Official war ballots.
504. Official envelopes for war ballots.
506. Delivery of official war ballots, poll books and en-
velojies.
506. Lists of nominations.
507. Polls of election.
508. Openirg of the polls.
509. Organisation of the polla*
610. Conduct of elections.
511. Count 01 the votes.
512. Returns not to be rejected because of informality of
election.
513. Disposition of envelopes and ballots.
514. Canvass by inspectors of election.
515. Canvass by countv board.
516. Canvass bv state board.
517. Returns or sL^temeuts not made and filed prior to
certain datr^ in any year not to be canvassed.
1 Renumbered by chap. 800, Laws of lfll3.
Soldiers' and Sailors* Elections 249
Section 518. Provisions of penal law relating to crimes against
the elective franchise to apply.
519. Filling vacancies in the office of inspector of elec-
tions.
520. Elections may be contested.
521. General provisions concerning elections to apply.
522. Copies of this article to be published and distributed.
§ 500. Special polls in time of mrar. Whenever, in
time of war, any qualified voter of this state shall be in the actual
military service of this state or of the United States, in the army
or navy thereof, and by reason thereof absent from his election
district, such absent voter shall be entitled to vote as fullv as if he
were present at his place of residence in the manner hereinafter
provided.
§ 501. General reg^ister of absent voters. It shall
be the duty of the secretary of state to prepare and make a general
register in which shall be entered in alphabetical order the names
of the voters of this state absent from their respective election
districts in time of war in the actual military service of this state
or of the United States in the army or navy thereof. Such general
register shall contain the name and residence of each such absent
voter by street and number, if any, and the name of the county
and city or town in which he resides, so far as the secretary of
state can ascertain the same. It shall also contain the name or
number or other designation of the regiment, company, troop,
vessel or other command to which each such absent voter is at-
tached or assigned, and the location of such command at the time
of such entry, so far as he can ascertain the same.
In order to secure the necessary information to make and com-
plete such general register, it sliall be tlic duty of the secretary of
state to prepare proper blanks and for^vard the same to the com-
manding officer of each command in which there are any such
absent voters of this state, to be filled out with the necessary
information, attested by him, and retitrned forthwith, se-
curely sealed, to the secretary of state. Such creneral register shall
be a public record and shall at all reasonable times be open for
inspection by any voter of this state. It is hereby made the duty
of every public officer, and of every citizen, to furnish to the
secretary of state such information as he may poss<^ss relating to
such absent voters; and any person who shall refuse so to do,
or shall wilfully furnish false information in reference to such
250 The Election Law
absent voters, shall be deemed guilty of a felony and shall, upon
conviction thereof, be punished by imprisonment in a state prison
for not less than one year nor more than three years.
§ 502. Poll books and' oaths. It shall be the duty of
the secretary of state to cause to^ be prepared and printed in
book form a sufficient number of poll books, at least two books for
each poll, for the use of the inspectors of elections at
the polls of the elections held under the provisions of this
article. Such poll books shall bo in the general form of tlio?e
prescribed for use at elections in this state, omitting all coluinu?
except those for the number, name and residence of each voter,
and so arranged that there can be entered therein, in addition
to such entries, in separate columns, the name of the county and
city or town in which the persons votinj^ at such poll reside or
claim to reside, and also the designation of the particular com-
mand to which each snch person 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 hold, and the names and residences of
the persons acting as inspectors of election thereat. Upon the
page following the last page of each such poll book used for
recording the names of voters at such poll, shall be printed a
blank certificate, to be signed by the inspectors of election at the
close of the polls. Such certificate shall be substantially in the
following form:
"We, the inspectors of election for the general (or special
election held at (here follows the name of the place) on the
dav of 19 ... , do hereby
certify that the names of the persons recorded herein as having
voted at such election, such persons numbering in all (here follows
the number in figures and words), are all the persons who appeared
before us and demanded to vote at such election, and took the oath
required, and who voted at such election.
Inspectors of Election."
Such poll books- shall also contain the oaths for the inspectors of
election provided in section five hundred and nine of this article.
SOLDIEBS' AND SaILORs' ELECTIONS 251
§ 503. OAoial war 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 voters absent from their respective election districts
as shown by such general register. Each such official ballot shall
be six inches wide and of such length as to allow one-quarter of
an inch for the title of each office printed upon the face thereof
and one-half inch for the name of each candidate for such office
as the voter may lawfully vote for and ono-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 wide running across
such ballot. All such ballots shall be uniform in size and style
of type used and shall contain the titles of all offices, as near as
may be, for which any voter may vote in any election district of
the state at such election. The type and paper for such ballots
shall conform generally to that used for the official ballots pre-
scribed by this chapter. Such ballot shall be printed in substan-
tially the following form:
" STATE OFFICES.
For Governor.
For Lieutenant-Governor.
JUDICIAL OFFICES. ~~
For Associate Judge of the Court of Appeals.
For Justice of the Supreme Court for Judicial District.
LEGISLATIVE OFFICES.
For Representative in Congress for Congressional District.
For State Senator for Senate District.
For ^Member of Assembly for District of County.
COUNTY OFFICES.
For Sheriff of Coimty.
For District Attornev of Countv.
« ■
CITY OFFICES.
For Mayor of the City of
WAED OR TOWN OFFICERS.
For Supervisor of Ward or Town of
For Justice of the Peace, Town of
c
252 The Election Law
ELECTIOX DISTRICT OFFICES.
For Inspectors of Election for. . .Election District, Town of . . ."
Upon the back of each such ballot shall be printed the words :
" OFFICIAL WAR BALLOT
For the general (or special) election, held November ,
19 "
§ 504. Official envelopes for vrsLT ballots. He shall
also cause to be prepared and printed at least twice as many
official envelopes as there are voters absent from their election
districts, as shown by such general register. Such envelopes shall
be gummed, ready for sealinir. Upon one side of such envelop
shall be printed in substantially the following form the following :
'' OFFICIAL WAR BALLOT
FOR
General Election, November , 19. .
Name of voter
Residence (street and number, if any)
County of
City or Town of
Secretary of State."
Upon the other side of such envelope shall be printed the follow-
ing oath:
"OATH OF ELECTOR.
" I do swear (or affirm) that; I have been a citizen of the United
States for ninetv davs and am now of the ac^e of at least twentv-one
years, or will be on the day of , 19. . ; 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 voter, residing at (street and number, if any)
, in the (city or town of) ; that I am in the
nctual military (or naval) service of the state of Xew York or of
the United States, an:l at present attached to
(here state the particular command to which attached) ; and that
I have not received or offered, do not expect to receive, have not
paid, offered or promii^ed to pay, contributed, offered or promise»l
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-
Soldiers' and Sailors' Elections 25*)
holding of a vote at this election, and have not made any promise
to influence the giving or *withhholding of any such vote; and
that I have not made or become directly or indirectly interested
in any bet or waxrer depending upon the result of this election;
and that I have not been convicted of bribery or any infamous
crime, or, if so convicted, that I have been pardoned and restored
to all the rights of a citizen."
If at such election any proposed amendment to the constitution
or other proposition or question is to be submitted to the voto of
the voters of the state, the secretary of state shall furnish an
etjual number of ballots for questions so submitted in the form
prescribed by sec'tion three hundred and thirty-two of this chapter,
which shall be properly indorsed, as a war ballot.
§ 505. Delivery of official -war ballots, poll books
and envelopes. The secretary of state shall cause to be
Jelivered to the commanding officer of every command in which
ten or more voters of this state are included, absent from
their respective election districts in time of war in the actual
military ser\'ice of this state or the United States in the army
or navy thereof, a sufficient number of official war ballots of each
kind and official envelopes, at least twice as many as there are
such voters in such command ; and two poll books for the use
of such voters at each poll of each election held under the pro-
visions of this article. Such official war ballots, poll books and
envelop< 3 shall be delivered in time for u?e 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 bo best suited to
5<:x?nre their safe and timelv deliverv for the use of the voters at
the election for which they have ])een prepared.
§ 506. Lists of nominations. It shall be the duty of
each county clerk or board with whom or which certificates of nom-
inations to public office are filed to cause a certified list of such
nominations to be forthwith forwarded by mail to the secretary of
state, incliiding the name and residence of each nominee to-
other with the title of the office for which he is nominated and the
party or other political name specified in such certificates of nomi-
nation. Tt shall be the dutv of the secretarv of state after the
receipt by him of such certified lists of nominations to communi-
(*ate po far as practicable, to each commanding officer of any com-
* So in original.
254 The Election Law
mand having therein ten or more voters of this state
absent from their respective election districts in time of war, in the
actual military service of this state or the United States in the
army or navy thereof, the name and residence of each person
named in any certificate of nomination so certified by a county
clerk or filed in the office of the secretary of state, together with
the title of the office for which he is nominated and l£e parly or
other political name specified in such certificates of nominations ;
and upon receipt thereof each such commanding officer shall cause
such information to be posted in a conspicuous place for the in-
formation of such absent voters in his command.
§ 507. Polls of election. Polls of an election held under
the provisions of this article shall be opened on the day
of such election at the quarters of the captain or other com-
manding officer of any company, troop or other command in the
military service of this state or of the United States in the army
or navy thereof, if the same be composed in whole or in part of
voters of this state. All qualified voters of this state in such com-
mand may vote at such poll. Officers and enlisted men, voters
of this state,, attached to or forming part of a command having
therein less than ten such voters, or detached by military order and
absent from their command, may vote at such other poll as may
be most convenient for them.
§ 508. Opening of the polls. Any election held under
the provisions of this article shall be held upon the day of
the general or special election in this state, or on any secular day
within twenty days next prior thereto, such prior day to be fixed
by the commanding officer of any command where the poll or polls
for such election shall be held, by proclamation duly made; pro-
vided, however, that if by reason of the exigencies of war sudi elec-
tion can not be held in any of the polls herein provided on the
day so fixed, such election may be held on the next day practicable
thereafter upon like proclamation of the commanding officer of any
such command ; but such election shall not be held later than the
day of such general or special election. Such polls shall be opened
at such hour of the day as shall be most convenient for sucb
voters and shall remain open not less than three hours and as
much longer as shall, in the opinion of the inspectors of
election serving at such polls, be necessary in order to receive the
votes of all voters of this state entitled to vote at such polls ; but
Soldiers' and Sailors' Elections 255
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 make public
proclamation of the opening thereof and the time at which such
noils shall be closed, and as near as mav 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 proclama-
tion made at the opening of the polls. The polls shall not for any
reason be kept open after the hour fixed by the first proclamation.
§ 509. Organization of the polls. At the hour and
place herein provided for the opening of the polls, the qualified
voters of the state then present shall, by viva voce vote,
select four of their own number to act at such election as the in
spectors of election thereof. Such inspectors shall, so far as pos-
sible, be so selected that they shall equally represent the two politi-
cal parties of this state which at the last preceding election in
this state polled the highest and next highest number of votes re-
spectively. Such inspectors, when so elected, shall choose one of
their number as chairman of the board of inspectors by election or
bj drawing lots. Such chairman shall then administer the oath
of ofEce to the other inspectors and one of the other inspectors shall
then administer the same to the chairman. The oath to be admin-
istered shall be as follows:
" I do solemnly swear (or affirm) that I will support the consti-
tution of the United States and the constitution of the stato 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."
Such oath or affirmation shall be written or printed, or partly
written and partly printed, and attached to or entered upon the
poll books used at such election, and subscribed by the person tak-
ing the same, and certified by the person administering the same.
Immediately upon the organization of such board of inspectors
the commanding officers to whom shall have been delivered any
official war ballots, poll books and envelopes shall deliver the same
to the inspectors of election of such election and shall take a receipt
therefor, which receipt shall be forwarded by mail by such com-
manding officer to the secretary of state. The said inspectors shall
produce and have at the polls, before any votes are taken by them,
a box for the reception of the ballots to be voted 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
25G The Electiox Law
empty. Tlicy shall then close and securely fasten the same and
the said box shaJl 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 reception 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
voters their envelopes containing ballots and shall deposit them
in the ballot box. lie shall designate 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 oflScial
ballots and envelopes and shall deliver the same to the qualified
voters cntith d to vote at such election.
§ 510. Conduct of elections. The election shall be bv
ballot. Before any person shall receive an ofiicial ballot or
be permitted to vote, he shall make and subscribe the oath printed
upon the official envelope, as provided by this article, and
any member of said board of inspectors is hereby authorized to
administer and attest such oath. If anv voter shall refuse
to take the oath so tendered 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 voter shall
give to the inspectors keeping the poll books, who shall each enter
upon the poll book kept by him, his name and residence by street
and number, if any, county and city or town. He shall also give
such other infoniiation as is required to be entered in such poll
book. When such voter gives such information to such inspect-
ors, the inspector having *ch)arges of the ballots and envelopes
fihall write in the proper blank spaces upon such official envelope
the name and residence by street and number, if any, of such voter,
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
voter. Such voter shall then retire to some convenient place and
.shall prepare his ballots and envelope for voting.
The voter may \^Tite or paste upon his ballot the name of anv
person for whom he *decirrs to vote for any *effice for which
such voter may lawfully vote at such election. Any such voter 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 candidate^
therefor for whom he desires and is entitled to vote at such elec-
tion. Such paster ballot may bo drummed and the voter may paste
* So in original.
SOLBIEKS^ Ajq^D SaIIvORs' ELECTIONS 257
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 voter. 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
§0 attached to the ballot that when the ballot is folded no printed
portion of such paster shall be visible.
After preparing his ballot and before delivering the same to the
chairman of the board of inspectors, the voter shall fold
his ballot in such a way that the contents of the ballot shall
be concealed and inclose the same in such envelope which he shall
securely seal. He shall then deliver such envelope to the chair-
man of the board of inspectors; but before such envelope shall
bo deposited in the ballot box the chairman shall declare from
such envelope the name of such voter and his residence by street
and number, if any, county and city or town, and if such voter
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 voter as voting. The
chairman shall thereupon deposit such envelope containing such
ballot or ballots in the ballot box. Any voter 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 cause, the official ballots, poll books and envelopes
shall not be provided as required by law at any polling place, upon
the opening of the polls for any election thereat, or if the supply
of official 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.
§ 511. Count of tlie votes. As soon as the polls of an
election are closed, the inspectors of election thereat shall
pnblicly destroy all official envelopes and ballots not voted; and
Bhall then publicly open such ballot boxes and count and ascertain
the number of voters voting and not adjourn or postpone the
count until it shall be fully completed. The board of inspect-
ors shall commence the count by comparing the two poll
hooks used at such election, correcting any mistakes therein, and
by counting the envelopes containing ballots found in the ballot
boxes without opening them, and bv comparing the envelopes con-
9
258 The Election La^C"
taining ballots found in such box with the number shown by the
j)6ll books to have been deposited therein. The inspectors shall
number each voter whose name is recorded in such poll
books as having voted beginning with the first name entered therein
and numbering the same in consecutive order and shall fill out and
sign the certificate required to be made by them as to the whole
humber voting at such election. If the envelopes containing ballots
f^iund in such box shall be more than the number of such envelopes
feo shown by the poll books to have been deposited therein, the
inspectors shall compare the names upon such envelopes with the
names recorded in such poll books and all such envelopes so found
m said ballot box purporting to have been deposited therein by
a voter whose name is not duly entered in such poll
books as herein provided, shall with their contents be immediately
flestroyed, 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 voter, then all such envelopes and
their contents purporting to have been deposited in such ballot
box by such voter shall be destroyed. No such envelope that has
not the official indorsement 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 an-
nounce the result of such count. The inspectors shall thereupon
inclose 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
i»hall forward the same by mail or express to him as soon as pos-
sible after such election. The other of such poll books shall be
sealed in an envelope directed to the governor of the state of New
fYork, at Albany, Kew York, and shall be forwarded forthwith to
him by mail or express, but by different hands, if possible, from
ithose carrying such envelopes containing ballots and such poll
ibooks, so directed to be forwarded to the secretary of state, re-
ceipts therefor, respectively, being taken by the chairman of the
board of inspectors.
§ 512. Returns not to be rejected beoanse of inc
formality of election. No mere informality in the man
ner of carrying out or executing the provisions of this artirlr
shall invalidate the election held under the same or authorize
the rejection of the returns thereof; and the provisions of this
article shall be liberally construed for the purposes herein ex-
pressed or intended.
Soldiers' and Sailobs' Elections 259
§ 513* Disposition of envelopes and ballots. Upon
the receipt by the governor of the poll books of the votes
cast at any such election, he shall deliver the same to the secretary
of state. The secretary of state shall upon receipt of the pack-
asres notify the chairman or any member of the state committees
of the parties which at the last election for governor cast th^
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 packr
ages 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,
lie shall forthwith prepare from said poll books and envelopes a
separate statement for each county under his official seal in which
^hall appear all the information hereby required to be entered
in such poll books, concerning the voters resident in such county,
llo shall affix his seal of office to each such envelope and shall
transmit sucli statement with all the envelopes containing ballots
rf such voters resident in such county, to the clerk of each such
county, except that in any county within the city of New Yoric
such statement and envelopes shall be transmitted to the board
of elections, 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 envelopes.
Such county clerk, or in the counties within the city of New
York the board of elections or other person or body lawfully con-
??tituted to receive election returns, shall forthwith give written
notice of such receipt by them, to the board of inspectors of eleo-
tion of each district to which such statements and envelopes re-
spectively relate, by inclosing such notice in a properly sealed
wrapper addressed to the chairman of such board at hift
post-office address and by prepaying the postage thereon. Each
county clerk and said board of elections, said person dr
other body lawfully constituted to receive election returns, after
the receipt of such statement and envelopes, shall notify the chait-
man or any member of the county committees of the parties which
at the last election for governor cast the highest and next hiirhest
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 pack-
'iges containing such statement and envelopes. Such notice shall
be served personally or by mail directed to the last known place
of residence of such person.
260 The Electiox Law
' Tt shall be the duty of such county clerk and said
board of elections or said other person or body lawfully consti-
tuted to receive election returns, to prepare a statement in like
form for each election district in said county in which any such
voter shall reside, and to transmit or deliver such statement with
the envelopes containing ballots of voters resident in such election
district to one of the inspectors of election of said district, taking
his receipt therefor, on the day before the board of inspectors
0^ election of said district shall convene for the purpose of can-
vassing such votes, as herein provided, who shall deliver the same
tq such board. All statements provided by this article shall be
public records.
"The inspectors in any election district wherein any such ballot :)
are to be canrassed, shall convene at the place ^vhf»re the election
was held, on the sixth Tuesday after the election day at ten o'clock
m the forenoon to canvass such votes. Tt shall be the duty of
each board of inspectors of election immediately upon their con-
vening as herein provided to open said polls; and the chairman
thereof or, in his absence, such other member ns shall be chosen
to act as chairman, as provided by law, shall publicly read aloud
the indorsement contained upon each such envelope, and if such
roter shall be a qualified voter in such election district, the chair-
man 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
COTinty clerk of the county where the said election district is situ-
ated. If upon investigation made before the deposit of said ballot
it shall be determined that such voter is not a qualified voter in
siifid election district, his said ballot or ballots shall be destroyed
without unfolding or inspecting the same, and the said envelope
shall be filed as above provided.
§ 514. Canvass by inspectors of election. After all
such ballots shall have been cast, said inspectors of election 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.
§ 515. Canvass by connty board. The county board of
canvassers or such other board as performs like duties, shall con-
Soldiers' and Sailoks' Electioxs 201
vene on the seventh Thursday after the election day, at their usual
place of meeting, at one o'clock in the afternoon for the puri)of^, j
of canvassing such statements and returns.
At such meeting of the county or other canvassing board the.
said board shall proceed to canvass euch statements and returns
of the respective election district boards of inspectors and shall,
from such statements and returns, to*]:ether with the statements.
and returns theretofore made of such election, make new and,
separate statements of the votes cast in such county or any par^
thereof, and shall complete their canvass and make the statement^ ,^
provided for by section four hundred and thirty-seven of this ohap^ j
ter, and they shall not, until such meeting, determine the result of ,
the election, anything now provided by law to the contrary notwith-
standing. But nothing herein shall prevent any county board of.,
canvassers from proceeding as provided by this chapter except as.,
to such final determination. Such meeting or meetings of the
board of county canvassers shall be deemed a continuation of its ,
regular session.
.1
§ 516. 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 canvassers shall i
convene upon notice by the secretary of state and shall proceed,
to canvass such new statements of a coiuity 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^i
they shall not, until such meeting, determine the result of the .
election, anything now provided by law to the contrary notwith-. v
standing. . .^
§ 517. Retnnis or statements not made and filedl
prior to certain dates in any year not to be can<*v
Tassed. No statement, as provided by this article, which ;
shall not have been duly made and filed by a county board of
canvassers prior to the twenty-ninth day of December next suc-
ceeding such election in any year, shall be canvassed or affect the
result of such an election ; and no return or statement not received .
bv a county board of canvassers at their meeting herein pro- ,
vided for, shall be thereafter canvassed, or affect the result of
such election.
262 The Electiox Law
§ 518. Provisions of penal lavr relating to crintes
against the elective franeliise to apply. All the pro-
visions of the penal law relating to crimes against the elective
franchise shall be deemed to apply to all elections held under the
provisions of this article, and any person who shall violate any
such j)rovisions may be indicted at any time in any county of
this state and may be fined or imprisoned or both so fined and
imprisoned upon conviction thereof whenever found in this state.
lAs amended by § 26, chap. 240, Laws of 1909.]
§ 519. Filling vacancies in the office of inspector
of elections. It shall be lawful for a majority of the in-
spectors of election provided for by this article to execute all
the trusts and duties required to be executed by the in-
spectors 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 him-
self 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 defauH the voters
present, may fill such vacancy, preserving, if possible, the bi-
.partisanship of such board; and any person so appointed to fill
^snch vacancy shall take the oath of office and shall thereupon con-
tinue with the other inspectors to perform the duties of such office
at such election to the end thereof.
§ 520. Elections may be contested. AH elections held
under this article 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.
§ 521. General provisions concerning elections to
apply. The several officers or persons authorized by the pro-
i'isions of this article to conduct the elections held by virtue
hereof shall have the like powers, and they, as well as other persons
who may be candidates for office at such election, or who may at-
tend such election, or may vote or offer to vote at such election,
?hall be subject to the like penalties and restrictions as are de-
clared and provided bv law in case of elections within this state.
CoRituPT Practices 268
and all provisions of this chapter, as far as applicable arid not
inconsistent with the provisions of this article, shall apply to elfete-
tions held xmder this article.
§ 522. Copies of this article to be published and
distributed. The secretary of state shall whenever necessary
cause this article to be published in pamphlet form, properly
indexed, and shall cause the same to be, as generally as may be,
circulated among the voters of this state ab?ent from their re-
spective election districts in time of war in the actual military
senico 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 official ballots, poll books and envelopes, such other
blank forms, envelopes, instructions to voters, and other stationery
for use at each poll of any election held under this article,
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 order or purchase any of the printing and supplies re-
quired by this article 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.
^ARTICLE 16
Corrupt Practices
Section 540. Political committee defined.
541. Statement of campaign payments not made through
political committee.
542. Personal' expenses defined.
543. Treasurer of political committee.
544. Accounting to treasurer or candidate.
545. Vouchers.
546. Statement of campaign receipts and payments.
547. Campaign contributions to be under tnio name of
contributor.
548. Filing and preserving statements.
549. Secretary of state to provide forms.
1 Renumbered by cbap. ROO, Laws of i913.
1 t
■■« ,
264 The Electiox Law
Section 550. Contempt proceedings upon default in filing state-
ment.
551. Who may maintain proceedings.
552. Undertaking for costs.
553. Time within which proceedings must be brought.
554. Proceedings to be summary.
555. Preference over other causes.
^^ 556. Appeals.
557. Subpoenas.
558. Personal privilege of witnesses.
559. Conduct of hearing.
560. Judgment and penalty.
' 561. Application of article limited.
^^' 562. ^^Party funds not to be expended for primary
purposes.
§ 540. Political committee defined. The term
'*' political committee," under the provisions of this article, sluill
apply to every committee or combination of three or more persons
co-operating to aid or to promote the success or defeat of a politi-
cal party or principle, or of any proposition submitted to vote at
*a public election or to aid or take p^rt in the election or defeat
of a candidate for public ofiice; or to aid or take part in the
'election or defeat of a candidate for nomination at a primary
election or convention, including all proceedings prior to such
primary election, or of a candidate for any office whether public
or not to be voted for at a primary election ; or to aid or defeat
the nomination by petition of a candidate under the primary
election law; but nothing in this article contained shall apply
to or in respect of any committee or organization for the dis-
cussion or advancement of political questions or principles with-
out connection with any election. [As amended by chap. 429,
Laws of 1910.]
§ 541. Statement of campaign payments not made
throngh political committee. Any person, inclndini^ a
candidate, who to promote the success or defeat of a political
party, or to aid or influence the election or defeat of a candidate
or candidates for public office; or to aid or influence the election
or defeat of a candidate for nomination at a primary election or
convention, including all proceedings prior to such primary elec-
*i Vew section added by chap. 891, Laws of 1911.
Corrupt Practices 265
tion, or of a candidate for any office whether public or not to be
voted for at a primary election, or to aid, influence or prevent the
nomination of a candidate by petition under the provisions of
the primary election law, directly or indirectly, himself or through
another person, shall give, pay, expend or contribute, or shall
promise to give, pay, expend or contribute, any money or other
valuable thing except to the chairman, treasurer or a member of a
political committee, or to an agent duly authorized thereto in writ-
ing by such committee, or to a candidate or an agent of such can-
didate authorized by the candidate thereto in writing, or except
for personal expenses as hereinafter provided, shall file the state-
ment required by section five hundred and forty-six, and shall be
subject to all the duties by this chapter required of a political
committee or the treasurer thereof. lAs amended by chap. 429,
Laws of 1910.]
§ 542. Personal expenses defined. A candidate for
election to a public office, or to any office whether public or not to
be voted for at a primary election ; or for nomination at a primary
election or convention ; or for nomination by petition under the
provisions of the election law, and any other person, may incur
and pay, in connection with such election, his own personal ex-
penses for traveling and for purposes properly incidental to
traveling; for writing, printing and preparing for transmission
any letter, circular or other publication not issued at regular
intervals, whereby he may state his position or views upon public
or other questions; for stationery and postage; for telegraph,
telephone and other public messenger service; but all such ex-
penses shall be limited to those which are directly incurred and
paid by him. A candidate shall in any event file a statement of
any contributions made by him. [As amended hy chap, 42t), Latvs
of 1910.]
§ 543. Treasurer of political committee. Every
political committee shall have a treasurer, and shall cau^
him to keep detailed accounts of all money or its equivalent, re-
ceived by or promised to, and of all expenditures, disburse-
ments and promises of payment or disbursement made by
the committee or any of its officers or members or by any person
acting under its authority or in its behalf. No member thereof or
other person acting under its authority or in its behalf shall re-
ceive any money or its equivalent, or expend or disburse the same
until the committee shall have chosen a treasurer. There shall be
26^ The Election Law
filed in the office of the secretary of state within five days after
the choice of a treasurer a statement signed by at least three
members of such committee giving the name and address of the
treasurer chosen.
•4
§ 544. Accounting to treasurer or candidate. Who-
ever, acting as an officer or member or under the authority of a
political committee, or under the authority of a candidate for
public office ; or for any office whether public or not to be voted for
at a primary election ; or for nomination at a primary election
dr convention ; or for nomination by i)etition under the provisions
of the election law, receives any money or ita equivalent, or
promise of the same, or expends or incurs any liability to pay the
same, shall, within three days after demand, and in any event
within fourteen days after such receipt, expenditure, promise or
liability, give to the treasurer of such committee, or to such can-
didate if an agent authorized by him, a detailed account of the
^ame, with all vouchers required by this article, which shall be a
part of the accounts and files of such treasurer or such candidate.
[As amended by chap. 429, Laws of 1910.]
§ 545. Vouchers. Every payment required to be pc-
counted for shall, unless the total expense payable to any one
person be not in excess of five dollars, be vouched for by a receipted
bill stating the particulars of expense, and every voncher, receipt
or account hereby required, shall be preserved for fifteen months
after the election to which it relates.
§ 546. Statement of campaign receipts and pay-
lilents. The treasurer of every political committee which, or
any officer, member or agent of which, in connection with any
election receives, expends or disburses any money or its equiva-
hawt or incurs any liability to pay money or its equivalent shall,
within twenty days after such election, file a statement setting
forth all the receipts, expenditures, disbursements and liabilitiea
of the committee, and of every officer, member and other person
in its behalf. In each case it shall include the amount received,
the name of the person or committee from whom received, the
date of its receipt, the amount of every expenditure or disburse-
inent, the name of the person or committee to whom it wm madey
£^d the date thereof; and unless such expenditure or disbttrsenfeent
shall have been made to another political committee, it skitiH slate
olearly the purpose of such expenditure or disburseiaesl. -tiX*
Corrupt Practices 267
penditures and disbursements in sums under five dollars need not
l>e specifically accounted for by separate items^ except in the case
of payments made for account of or to political workers, watchers
or messengers. The statement to be filed by a candidate or other
person not a treasurer shall be in like form as that hereinbefore
provided for, but in statements filed by a candidate there shall
also be included all contributions made by him. [As amended
hy chap. 429, Laws of 1910.]
§ 547. CSaaapaisH ocimtiilnitioiM to be under true
nane of comtribv.tor. No person shall in any name except
his own directly or indirectly, himself or through another
person, make a payment or a promise of payment to a political
committee or to any officer or member thereof, or to any person or
persons acting under its authority or in its behalf, nor shall any
such committee or any such person or persons knowingly receive a
payment or promise of payment, or enter or cause the same to be
entered in the accounts or records of such committee, in any name
other than that of the person or persons by whom it is made.
§ 548. Filing and preserving statenients. All state-
ments required by this article shall be filed with the secretary of
state, except in those cases where a candidate is required to file
a statement elsewhere by section seven hundred and seventy-six
of the penal law, and all statements, vouchers, receipts and ac;!
counts required by this article shall be preserved for fifteen
months after the elections to which they relate and shall be opep
to public inspection. [As amended by chap, 438, Laws of 1910.J
§ 549. Secretary of state to provide forms. The
» » ♦
secretary of state shall provide blank forms suitable for the
statements above required.
§ 550. Contempt proceedings npon default in fllins*
statenient. If any person or persons or committee or conv*
mittees fails to file a statement or account as above required,'
or if any person or committee files a statement which does not-
conform to the foregoing requirements in respect to its truth,
sufficiency in detail, or otherwise, or if any person or committee
has failed to comply with any other of the requirements or pro-
visions of this article, the supreme court or any justice thereof^
may compel by order in proceedings for contempt, such person or
committee to file a sufficient statement or account, or otherwise
comply with the provisions of this article. The applicant for an
■2^8 The Election Law
b^der, as prescribed in this article, must present to the supreme
I'onrt, or a justieo tliereof, a written petition, setting forth, upon
' infonnation and belief, stating the grounds and sources tJicreof, or
"^iipon the personal knowledge of such applicant or applicants, any
'failure or failures to comply with the provisions of' this article,
Jihe facts showing such failure or failures, and the names of the
•iof^erson or persons, or committee or committees, charged with such
failure or failures. Except when made by the attorney-general,
such petition shall be verified in like manner as a verified com-
'^plaint in an action brought in the supreme court.
' § 551. Who may maintain proceedings. Application
^tor an order as prescribed herein may be made by the
.,;ittorney-general, district attorney, a candidate voted for at the
.election in respect to which the allegations in such petition may
, relate, or by any fiv? qualified voters who voted at such election.
§ 552. Undertaking for costs. At the time of pre-
senting the petition, the petitioner shall file, with such court or
^'justice thereof, an undertaking in a sum to be determined and
"with sureties to be approved by the court or justice thereof, con-
ditioned to pay such costs and disbursements in such proceeding
^ as shall be adjudged against him, as hereinafter provided, not
r^xeeeding the sum fixed in said undertaking. Upon the presen-
tation of such petition and the giving of the security provided
for in the foregoing section, the court or justice thereof shall
forthwith issue an order, a copy of which order and petition shall
be served personally upon the person or persons named in such
' petition or left at his or their last known place of residence not
less than seventy-two hours prior to the return day thereof, and
• directing them to appear and show cause at a day certain within
. ; ten days after the issue of the order, why such person or persons
'ishould not file a statement of election expenses, or amend the
statement already filed, and to furnish the court or justice tliereof
such further information as the court may require on the sub-
ject. Copies of snch order shall be served on the attorney-gen
etal of the state and on the district attorney of the county wherein
such statement is required to be filed.
§ 553. Time within which proceedings n&nst he
brought. Such petition shall be presented within fifty days
after any election in respect to which the allegations of such
'petition shall relate if the statement mentioned therein
was filed within the twenty days as herein required; but if the
CoKKUPT Practices ^ 269
statement shall not have been filed within said twenty days, sxich
petition may be presented at any time not more than sixty days
after the filing of the statement. The said petition and order! ;to
show cause shall be filed, and any order or judgment made in
the proceeding based thereon shall be entered in the office of the
clerk of the county in which such election was held, if held wholly
within a county, or otherwise in such other office as the court,, or
a justice thereof, shall- direct ' '*'
§ 554. Proceedings to be snntmary. Upon the return
of the order to show cause provided for in section five hun-
dred and fifty-two, the court, or justice, shall immediately,
and in such manner as the court or justice shall direct,
and withoiit respect to any technical requirement, inquire
into the facts and circumstances and into such viola-
tions of, or failure to comply with, the provisions of this article,
as may be alleged in any such petition, or into such other facts
and circumstances relative to any such election or to any con-
tribution or expenditure made in connection therewith, wl^ich
at anv time, whether before or during the continuance of such
inquest, the court or justice holding such inquest shall deem nec-
essary to secure compliance with the provisions of this article or
to punish for a violation thereof. Such other persons as the
court, or justice, shall deem necessary or proper to join or bring
in as parties to the said proceeding in order to make its order,
judgment or writs effective, may be joined as parties in such
manner and upon such notice as said court or justice shall direct.
S 555. Preference over other canses. The proceedings
npon, and the investigation of, the charges set forth in said
petition, shall take precedence and be preferred over all other
actions or proceedings by or before said court, or justice thereof,
and in case of appeals, in the appellate division and in the court
of appeals*
§ 556. Appeals. Appeals may be taken to the appellate
division of the supreme court, and to the court of appeals,
from the orders herein provided for, in the same manner that ap-
peals are taken from orders of the special term of the supreme
court, and such appeals shall be considered bv such appellate
courts as appeals from orders.
§ 557. S^hpoenaB. Any court or justice holding such iii-
qnest may issue subpcenas for witnesses, who shall be allowed
270 The Election Law
the same fees, whose attendance may be enforced in the same
manner, and who shall be subject to the same penalties, as if
served with a subpoena in behalf of the state in a criminal prosecu-
tion in such court.
§ 558. Personal privilege of "witnesses. No person
ihall be excused from attending and testif;y'ing, or from pro-
ducing any books, papers or other documents before the court, or
justice thereof, upon any trial, investigation or hearing, under the
ptrovisions of this article, upon the ground or for the reason that
the testimony or evidence, documentary or otherwise, required
of him, may tend to convict him of a crime, or subject him to a pen-
alty or forfeiture; but no person shall be prosecuted or subjected
t^ any penalty or forfeiture, for or on account of any transaction,
matter or thing concerning which he may so testify, or produce
evidence, documentary or otherwise, and no testimony so given or
i)roduced shall be received against him upon any criminal investi-
gation or proceeding.
. § 559. Conduct of hearing. The attorney-general, a
district attorney or some person designated by either, or by such
court or justice, shall attend the inquest and examine the wit-
nesses, and the persons or committees by or against whom the
proceeding is brought shall have the right to appear by counsel
at the inquest, produce evidence, and examine and cross-examine
witnesses in their own behalf. Such court or justice shall
j^iAve power, by a subpoena duces tecum, to compel the production
"Before him or it, for examination, of any books or papers of any
,kind or of any other thing which he or it may require in the
jconduct of such inquiry, and which is relevant and material.
Such court or justice shall have power to cause any person who
shall neglect or refuse to appear before him or it as a witness,
having been duly summoned, to be brought before him or it ; and
Biiy person in attendance as a witness, who shall refuse to be
•sworn as a witness, or who being sworn shall refuse to answer any
proper questions propounded to him, and any person who, having
been duly summoned, shall neglect or refuse to appear before such
court or justice, may be adjudged guilty of contempt and may be
fined not more than one thousand dollars, or imprisoned not more
than thirty days, or both.
§ 560. Judgment and penalty. The said court or justice
thereof shall render judgment in such proceedings as fol-
CoKEUPT Pbactices 271
loTvs: If such person or persons or committee or committees
proceeded against, have failed to file the required statement, or
have filed a false or incomplete statement, without wilful intent
to defeat the provisions of this article, the judgment shall require
the person or persons proceeded against to file such statement or
such amendment to the statement, as shall render the same true
and complete, within ten days of the entry of the judgment, and
to pay the costs and expenses of the proceeding. If such person
or persons or committee or committees have failed to file a state^
ment, or have filed a false or incomplete statement, and such
failure to file or such false or incomplete statement was due to. a
wilful intent to defeat the provisions of this article, or if the per-
son or persons proceeded against shall fail to file the required
statement or amendment as directed by a judgment of a court on
justice within ten days after the entry of such judgment, the
person or persons or committee or committees proceeded
against shall be liable to a fine not exceeding one thousand
dollars, or imprisonment for not more than one year, or both*
If such person or persons or committee or committees have
filed a statement complying with the provisions of this article, or
if the person or persons, committee or committees proceeded
against, or either of them, are not required to file a statement as
prescribed herein, the court or justice shall render judgment
against the applicant or applicants, and in favor of such person or
committee, for his or their costs and disbursements, to be taxed
by such court or justice.
§ 561. Application of article liMiited. The provisions
of this article shall not be applicable to elections of town or villagb
officers in any town or village, or to any person, association or
corporation engaged in the publication or distribution of any
newspaper or other publication issued at regular intervals in
respect to the ordinary conduct of such business. "J
§ 562. Party fonds not to be expended for primary
purposes. No contributions of money, or the equivalent
thereof, made, directly or indirectly, to any party, or to any party
committee or member thereof, or to any person representing 0|r
acting on behalf of a party, or any moneys now in the treasury of
any party, or party committee, shall be expended in aid of ihe
designation or nomination of any person to be voted for at a pri-
mary election, either as a candidate for nomination for public
office, or for any party position. \As added by chap. 891, Laws of
1911, and amended by chap. 820, Laws of 1913.] jt
272 The Electiox Law
^ ARTICLE 17
LaTTS Repealed; When to Take Effect
Section 570. Laws repealed.
571. When to take eflFect.
§ 570. I<aws repealed. Of the laws enumerated in the
schedule hereto annexed, that portion specified in the last column
is hereby repealed.
§ 571. When to take effect. This chapter shall take
effect inunediately.
Schedule of Laws Repealed.
Reviped Statutes .... Part 1 , chapter 6, -All
Laws of Chapter Section
1778 12 9
1778 16 All
1778 39 All
1781 36 3
1784 66 2
1787 15 1-26,27
1789 12 All
1789 35 All
1791 5 All
1791 52 All
1792 33 All
1792 72 All (15th Sess.)
1792 1 All (16th Sess.)
1792 5 All (16th Sess.)
1793 14 All
1796 32 All
1796 57 32
1797 62 1-10,12,13
1799 51 All
1800 23 .Ml
1801 24 All
1801 61 1-9.11-13,16,19,20
1801 64 1-3
1802 81 1,3,4
1804 2 All (28th Sess.)
3 As renumbered by Chap. 800, Laws of 1913.
Laws Hepjealeo 273
Laws of Chapter Section
1807 112 AU
1808 170 2.8
1809 IC All
1810 193 12
1811 201 All
1812 5G All
1812 169 All
R. L. 1813... 25 All
R. L.1813... 41 All .
1815 145 All
1819 37 All
1821 246 All
1822 34 1
1822 250 1-15,17-26,80
182.-5 268 All
1824 258 All
1824 316..- All
1825 33 All
1826 245 All
1827 179. , . ; 1-7, 10, 11
1828 20 19 (2d Meet.)
1828 ,... 21 1, It 45, 192, 427, 480, 500,
529 (2d Meet.)
1829 139 All
1832 248 All
1832 249 All
1837 445 All
1841 301 All
1842 130 All
1842 325 3-5
1844 331 All
1845 354 All
1847 240 All
18.-.1 217 All
1854 286 All
1855 513 All
1856 79 All
18.59 380 All
1860 349 All
1860 480 All
1861 307 All
274 The Election Law
Laws of
Chapter
Section
1864
. . 253
.. All
18G5
. . 475
. . All
1S65
. . 570
. . All
1865
. . 740
.. All
1866
. . 524
.. All
1866
. . 812
.. All
1870
. . 134
.. All
1870
. . 138
.. All
1870
. . 388
.. All
1870
. . 503 ,
.. All
1871
. . 712
.. All
1872
. . 570
,. All
1872
. . 698
.. All
1872
. . 757
.. AU
1873
. . 314
. . All
1873
. . 474
..All
1873
. . 824 ,
.. All
1875
. . 138
.. All
1876
. . 287
.. All
1877
28 ,
.. All
1877
. . 322
.. All
1878
. . 354
.. All
1879
. . 320
..All
1880
56
.. All
1880
. . 142
.. All
1880
. . 366
.. All
1880
. . 437
.. All
1880 •.
. . 460
.. All
1880
. . 465
. . All
1880
. . 508
.. All
1880
. . 553
,. All
1880
. . 576
.. All
1881
18
.. All
1881 ;
. . 137
,. All
1881
. . 163
.. All
1881
. . 196
,. All
1882 ,
13
,. All
1882
. . 154
, . All
1882
. . 366
,. All
1882
. . 410
. 1839-1844, 1846-1848, 1850-
1861, 1864-1866, 1868-1929,
19S1
Laws Repealed 275
Laws of
1883...
1883...
1883...
1883. . .
1884...
1885...
1885. . .
1886. . .
1887. . .
1888...
1889
1890
1890
1890
1890
.1890 330
1890
1891
1891
1891
1891
1892
1892
1893
1893
1893
Chapter
Section
316
. . All
380
. . All
422
.. All
508
.. All
161
.. AU
267
.. 3, 4
446
. . All
649
.. AU
265
. . AU
583
[For sections repealed in title
XX. as amended, see chapter
236, Laws 1891, in this sched-
ule] Title 20, §§ 3-25; 26
all after the word "board."
in the last line; 27-32
1
.. AU
117
.. AU
169
. . AU
262
.. AU
321
. . AU
330
.. AU
355
.. AU
7
. . AU
286
[Sections 3 to 25, inclusive, all
after the word " board " in the
last line of section 26, and sec-
tions 27 to 32, inclusive, of
title XX. of chapter 583, Laws
1888, as amended by chapter
236, Laws 1891] 1 part
amending L. 1888, Ch. 583.
Tit. 20, §§ 3-25 ; 26 all after
the word " board " in the last
line ; 27-32
296
. . AU
886
.. AU
127
.. AU
680
.. AU
233
..All
274
.. AU
870
.. An
270 The Election Law
Laws of
Chapter
Section
1894
61
.. All
1894.
.. 275
.. All
1894
.. 302
.. All
1S94
.. 348
. . 2-8
1894
.. 764
. . All
1894
.. 765
. . All
1895
23
.. All
1895
.. 73
. . All
1895
.. 138
.. All
1895
.. 158
.. All
1895
.. 810
.. All
1895
.. 909
.. All
1895
. . 991
. . All
1895
.. 992
. . All
1895
.. 993
. . All
1895
.. 1034
.. All
1895
.. 1035
. . All
189C . . .
.. 163
. . All
189G
.. 339
. . All
1896
.. 909
.. All
1897
.. 379
.. All
1897
.. 410
.. All
1897
.; 449
.. All
1897
., 450
.. All
1897
. . 608
. . All
1897
.. 609
. . All
1898
.. 168
.. All
1898
.. 179
. . All
1898
.. 335
.. All
1898
.. 340
.. All
1898
.. 363
.. 9
1898
.. 674
. . All
1898
.. 675
. . All
1808
.. 076
. . All
1899
58
. . All
1899
,. 266
.. All
1899
.. 363
. . Ail
1899
.. 466
. . All
1899
.. 467
. . All
1899
.. 473
. . - All
1899
.. 499
. . All
1899
.. 630
.. All
Laws Repealbd 277
Laws of Chapter Section
1899 641 All
1899 649 All
1900 202 All
1900 204 All
1900 225 All
1900 381 All
1900. ....... 506 All
1900 648 All
1900 684 All
1900 711 All
1900 732 All
1901 95 All
1901 113 All
1901 167 All
1901 208 All
1901 232 All
1901 300 All
1901 360 All
1901 530 All
1901 536 1, 2
1901 544 All
1901 598 3, 4
1901 615 All
1901 654 All
1902 89 All
1902 176 All
1902 195 All
1902 241 All
1902 405 All
1903 Ill All
1903 122 All
1903 197 All
1903 595 AU
1903 644 All
1904 70 All
1904 74 All
1904 249 All
1904 350 All
1904 394 All
1904 487 All
1904 488 All
1904 733 All
278 The Election Law
Laws of Chapter Section
1906 49 All
1905 165 All
1905 207 All
1905 229 All
1905 643 All
1905 674 All
1905 675 All
1905 689 All
1906 159.. All
1906 227 All
1906 259 All
1906 331 All
1906 466 All
1906 498 All
1906 502 All
1906 570 All
1906 642 All
1907 119 All
1907 255 All
1907: 296 All
1907 470 All
1907 472 ^. All
1907 504 All
1907 596 All
1907 654 All
1907 744 All
1908 105 AU
1908 456 All
1908 463 AU
1908 464 All
1908 480 All
1908 488 All
1908 489 All
1908 491 All
1908 492 All
1908 521 All
INSTRUCTIONS FOR GUIDANCE OF BISECTION
OFFICERS AT GENERAL ELECTIONS.
The following brief instructions are intended not as a complete
guide for election officers, but merely to point out where their
more important duties may be found in the text of the election
law.
GENERAL POIVERS AND DUTIES.
Preliminary Duties.
One of the preliminary duties of an election officer should
l>e to familiarize himself with the boundaries of his election dis-
trict, in order that he may be able to decide at once whether an
elector, upon giving his place of residence, is entitled to be regis-
tered or entitled to vote in his election district. This knowledge
may be obtained by application to the town or city clerk, or board
of elections, where maps or certificates of the boundaries of elec-
tion districts are required to be filed. See § 298.
Organisation of Boards of Inspectors.
The first duty to be performed by boards of inspectors is tho
rostra tion of electors, and before entering upon that duty, the
inspectors of each district shall meet and appoint one of their
number chairman, or if the majority shall not agree upon such
appointment, they shall draw lots for that position. See §§ 313,
314.
Inspectors to Act as a Board.
In all proceedings of the inspectors acting as registrars, inspec-
tors or canvassers they shall act as a board, and, in case of a qnesr
ticm ffrising, as to matters which may call for a determination by
them, a majority of such board shall decide. See § 314.
Supplying ▼aoanoios and Aosonoes*
If at the time of any meeting of the inspectors, there should be
a vacancy in any of the election offices, or any election officers
[279]
280 IXSTRUCTIOXS FOK ELECTION OfFICEKS
should be absent, the offices should be filled, or absences supplied,
from the political party entitled to the vacant place, in the man-
ner prescribed by law; and the person so appointed or desig-
nated to act as an election officer should immediately take the
constitutional and statutory oaths, as prescribed by the election
law. See § 313.
Preservation of Order by Inspectors.
All meetings of the board of inspectors shall be public, and the
board and individual members thereof shall have full aiithoritv
to preserve peace and good order at all meetings of the board and
around the polls of elections, to keep the access thereto unol>-
structed, and to enforce obedience to their lawful commands.
The board may also call upon voters to assist in the performance
of these duties. See § 315.
REGISTRATION OF ELECTORS.
Meetings.
Before every f^en'^ral election, meetings for the registration of
electors pre tc be held as follows: In New York city meetings
shah begin on Monday the tv;enty-ninth day before election and
continue on each day of the same week up to and including Sat-
urday. On the fourth Fridav, fourth Saturdav, third Fridav and
third Saturday before election, in cities (outside of New York )
and villages of 5,000 inhabitants or more. On the fourth
Saturday and third Saturday in all election districts other than
cities and villages of 5,000 inhabitants or more. See § 150.
No inspector shall on any day of registration be absent during
the hours fixed for enrolling the names of electors. See § 152.
Not more than two watchers of each political party or inde-
pendent body entitled* to file certificates of nominations m^y be
present at such polling place, and within the guard rail, from
at least fifteen minutes before the commencement of the said
meeting until after the completion of the duties of the board of
inspectors for that day of registration, provided that women may
act as watchers at meetings for registration immediately preced-
ing any election whenever held at which n woman suflFrage con-
Instbitctions fob Election Officebs 281
stitutional amendment is to be submitted to the voters, except
that but one woman watcher for, and one woman watcher op-
posed to, the adoption of such amendment shall be permitted.
See § 152.
Besister of Electors.
Each inspector is required to make one copy of the register of
voters, and he should not make any entry in any register but
his own, or permit any other person to make an entry therein.
The copy made by the chairman of the board of inspectors,
which is known as the " public copy of registration/' is to be left
in a prominent position in the place of registration, from the first
day of registration until election day. Each other inspector must
carefully preserve his register and be responsible therefor until
the close of the canvass of the votes on election day, and on tho
last day of registration a statement of the number registered shall
be made as provided in section 177, except that in cities of the
first class, at the close of the last day of registration, the chairman
of the board shall take from an inspector of opposite political
faith, the register made by such inspector and deliver it to the
police for filing, as required by the election law, and the two other
inspectors of opposite political faith shall each retain their re-
spective registers of electors, for use on election day. See § 177.
Entries are to be made in the blank books for registration of
voters, and when necessary, in the book of identification state-
ments for registration day, whi(?li books are to be delivered to the
inspectors before the hour set for registering the names of voters
on the first day of registration. Such books contain instructions
which should be carefully read by each inspector before proceeding
with the registration of voters, and in addition thereto, the in-
spectors are advised to read carefully the provisions of section
155 for full and complete instructions.
Qualifications of Eleotors.
The qualifications of a voter for the purpose of having his
name placed on the register, are fully set forth in section 162, and
should be thoroucrhly understood by the inspectors of election.
^82 Instructions fob Election Officess
Ckallenges.
If an applicant for registration be challenged, or if any mem-
ber of the board of inspectors shall have reason to suspect that
such applicant is not entitled to be registered, his name should
not be entered on the register of voters unless upon examina-
tion under oath, the applicant shall prove to the satisfaction of
the inspectors his right to be registered. Blank challenge affida-
vits are provided for each board of inspectors, which are to be
filled out by the inspectors in every case of challenge. If a
member of the board shall have reason to suspect that the appli-
cant is not entitled to have his name entered on the register,
and if the applicant shall by his answers satisfy a majority of
the board of inspectors of his right to be registered, they shall
register his name; if not, they shall i>oint out to him the qualiti-
cation which he lacks as a voter, and his name shall not be en-
tered upon such register except as provided by section 153 of the
election law, relating to the adding and erasing of names on the
register. See § 169.
Duties at the Close of Registration Days.
At the close of each day's registration, each inspector is re-
quired to draw a line in ink immediately below the name of the
voter last entered upon each page of his register; and upon the
suoceeding day of registration, he must enter the names of voters
immediately under such lines. See § 177.
The inspectors must also, at the close of each meeting, sign
the certificate contained in the last pages of each registration
book, to the effect that such register as it now is, is a true and
correct register of the names and residences of all the persons
registered respectively. See § 176.
Inspectors of each election district shall at the close of the last
day of registration, certify to the officer or board charged with
the duty of furnishing ballots and to the state superintendents of
elections the total number of electors registered in such district.
Inspectors of each district are required to furnish to the same
officials at the close of each day of registration the total number
Instbcctions for Electiox Officeks 283
of electors registered on such day in their respective districts.
See § 181.
At the close of the last day of registration, the inspectors shall
file the book of stubs and unused challenge affidavits with the
officer from whom it was received. See § 172.
Boards of inspectors of election districts in cities of die first
and second class are required immediately after the close of the
last day of registration to make and complete one list of all per-
sons registered in their respective districts in numerical order
of the street numbers thereof, which list shall be signed and certi-
fied by the board of inspectors, and delivered by the chainnan of
the board to the police captain of the precinct in which the elec-
tion district is located, or to an officer thereof. See § 157.
At the close of the last day of registration in cities of tlie
first class one of the registers should be filed as provided for in
section 178.
The board of inspectors of each election district shall on each
day of r^istration transfer to cards to be provided for that pur-
pose by the secretary of state, which cards shall be in form and
style approved by the state superintendents of elections, a com-
plete copy of the name of each person registered in their re-
spective districts, together with all of the answers made and
information given by the person restored, at the time of regis-
tration, and such cards, inclosed and sealed in a cover to be pro
vided for that purpose by the secretary of state, shall be delivered
forthwith personally or by mail, by the chairman of the board of
inspectors together with a statement on a blank form, to be
furnished by the secretary of state after approval by the state
superintendents of elections, that the cards delivered contain a
correct copy of all the names registered and information given by
the persons so registered, to the state superintendents of elections
at one of their offices to be designated by them. See § 485.
284 Instructions for Election Officers
DUTIES ON EIiECTION DAT.
Opening of the PolLi.
Election officers are required to meet at the polling places of
their respective districts not later than 5:30 a. m., and proceed
to arrange the polling places for the orderly and legal conduct
of the election. See § 350.
For manner of arrangement of polling places, see § 317.
Sealed packages containing official and sample ballots, instruc-
tion cards and stationery, are required to be distributed to each
election district at least one-half hour before the opening of the
polls of such election therein. The inspectors upon receiving
such packages, shall give to the officer or board delivering the
same a receipt therefor. The register shall also be conveniently
placed within the guard rail. See §§ 343, 350.
If the official ballots required to be furnished shall not be de-
livered at the time required, the board shall cause unofficial bal-
lots to be prepared as nearly in the form of the official ballots
as practicable. See § 346.
The following duties shall be performed by the inspectors
before opening the polls:
1. Open the sealed package of instruction cards, and cause
them to be posted in the manner provided by law.
2. Open the sealed package of official ballots and sample ballots
and place them in charge of the ballot clerks.
3. Place the poll books in charge of the poll clerks.
4. Cause the distance markers to be placed at a distance of one
hundred feet from the polling place.
5. See that the voting booths are supplied during the hours of
voting with pencils having black lead only.
6. Unlock the ballot boxes, see that they are empty, allow the
watchers present to examine them, and lock them up again while
empty in such manner that the watchers present and the persons
just outside the guard rail can see that such boxes are empty
when they are relocked.
Ijtstbuctions for Election Officers 285
7. The election officers should be stationed as near each other
as practicable within th^ enclosed space. See § 360.
8. Designate 4ui inspector to receive ballots from the electors
vatingy and if a majority shall not agree to such designation, such
position shall be filled by drawing lots. See § 353.
9. If at the opening of the polls or during the day of election
there should be a vacancy in any of the election offices, or any
election officer should be absent, such vacancies and absences
should be filled at once. See § 313.
Proclamation of Opening of Polls.
The polls of every general election shall be open at six o'clock
in the forenoon. See § 291.
One of the inspectors shall then make proclamation that the
polls of election are open and of the time in the afternoon when
the polls will be closed. Sec § 350.
The following form may be used, or any other that will meet
the requirements of law :
"Hear ye! hear ye! hear ye! The polls of this election arc
opened, and all persons attending the same are strictly charged
and commanded, by the authority and in the name of the people
of this state, to keep the peace thereof during their attendance
at this election on pain of imprisonment. And all persons aro
desired to take notice that the polls will be closed at five o'clock
in the afternoon."
Watchers and Cliallengers.
Duly authorized watchers, two of each political party or inde-
pendent body, upon the production of their credentials, should bo
admitted within the guard rail at least fifteen minutes before the
unlocking and examination of any ballot box at the opening of tho
polls, and may be present until after the announcement of tho
result of the canvass of the votes cast thereat, and the signing of
the original statement of the canvass, and copies thereof, by tho
inspectors. Women watchers to be allowed at certain times.
See ^ 352.
286 Instbuctions for Election Officebs
A reasonable number of challengers shall be permitted to re-
main just outside the guard rail of each polling place, where they
can plainly see what is done within such rail outside the voting
booths, from the opening to the close of the polls thereat. See
§ 352.
Delivery of Ballots to Electors.
Do not allow within the guard rail more than twice as many
voters as there are voting booths thereat, in addition to the per*
sons lawfully within such guard rail for other purposes than
voting. See § 356.
Persons lawfully authorized to be admitted within guard rail
are enumerated in section three hundred fifty-one.
When a voter enters within the guard rail, after giving his
name and residence, and age, if required by the inspectors, one
of the inspectors shall thereupon announce the name and resi-
dence of the elector in a loud and distinct voice, and if such voter
is entitled to vote thereat, and if there is no challenge, or if
challenged and the challenge be decided in his favor, one of the
ballot clerks shall deliver to him a set of official ballots folded in
the proper manner for voting. See § 356.
If it bo an election for which electors are required to be res-
tored, the other inspectors shall, before any ballots are delivered
by the ballot clerks, ascertain whether he is duly registered, and
the ballot clerks shall not deliver any ballots to such voter, until
the inspectors announce that he is rq^istered. See § 353.
The ballot clerks shall deliver the ballots in such order that
the numerical order of the numbers printed on the stubs of the
ballots delivered shall be the same as the order of the successive
deliveries thereof. The ballot numbered one on the stub being
the first delivered, and so on. See § 354.
If, in addition there shall bo any ballots of questions submitted,
such ballots shall be delivered to the voter in such order that the
number on the stubs of both ballots so delivered shall be the same.
Sec § 354.
In case one of a set of ballots bearini]: the same number shall
be found defective in printing, or mutilated, before the same is
Instructions for Election Officers 287
given to the voter, all ballots of that number shall have the stubs
removed therefrom by the ballot clerks, and such ballots shall be
deposited in the box for spoiled and mutilated ballots, and the
stubs in the box for detached stubs ; and a memorandum shall be
made of the fact that such set was not delivered to the voters.
See § 354.
The ballot clerks shall upon the delivery of official ballots to
the voters announce the voter's name and the printed number on
the stub of each ballot so delivered. See § 354.
Upon the return of a ballot ()r set of ballots unvoted, they shall
announce the name of the voter returning them, and the printed
number on the stubs of the ballots so returned, and shall at once
remove the stubs from such returned ballots, and deposit the same
in the box for detached stubs, and such ballots in a box for spoiled
aud mutilated ballots; and shall then make a memorandum of the
number of such ballots and the fact that they were returned
spoiled by the voters. See § 354.
If a voter deface or tear a ballot, or wrongly mark the same,
he may successively obtain others, one set at a time, not exceeding
in all three sets, upon returning each set of ballots so defaced or
wrongly marked to the ballot clerks. See § 358.
Upon each delivery of the official ballot, or set of official ballots,
by the ballot clerks to a voter, each poll clerk must make the
proper entries in the proper column of the poll book. See § 355.
Only such ballots shall be delivered to a voter, as the voter is
legally entitled to vote, and also a sample ballot when the same
is asked for. See § 356.
Assistance for Certain Electors.
In cases of physical disability or illiteracy of a voter, which
must be declared by the voter under oath, two of the election
officers, who shall not be of the same political faith, may enter the
booth with such voter and assist him in preparing his ballots.
Such election officers are forbidden to influence such voter, or
reveal to any person the name of any candidate voted for by such
voter. See § 357, relating to assistance at town meetinffs or
village elections.
288 Instructions for Election Officebs
Receiving of Ballots.
When the ballot of a qualified voter is presented to the in-
spector in charge of the ballot box, such inspector shall announce
the name of the voter and printed number on the stub in a loud
and distinct voice, and if the voter be entitled to vote and be not
challenged, or if challenged and the challenge be decided in his
favor, and if his ballots are properly folded and have no mark or
tear viftible on the outside thereof, except the printed number ( n
the stub and the printed endorsement on the back, and if suoh
printed number is the same as that entered on the poll books as the
number on the stub or stubs of the official ballot or set of ballots
last delivered to him by the ballot clerks, such inspector shall re-
ceive such ballot or ballots, after removing the stub or stubs there-
from in plain view of the voter, and without removing any other
part of the ballot, or in any way exposing the face thereof below
the stub, shall deposit each ballot in the proper ballot box for the
reception of voted ballots, and the stub in the box for detached
ballot stubs. See § 359.
As each elector votes the poll clerks shall enter in the poll books
in the column provided therefor, opposite the name of such elector,
the number upon the detached stub of the ballot or set of ballots
voted by him. See § 355.
As each elector offers his ballot or set of ballots which he intends
to vote, to the inspector, each poll clerk shall report to the in-
spector whether the number entered on the poll book kept by him,
as the number on the ballot or set of ballots last delivered to such
elector is the same as the number on the stub of the ballot or set
of ballots so offered. See § 355.
Cliallenges.
A person may be challenged, either when he applies for an
official ballot, or when ho offers the ballot that he intends to vote,
or previously by notice to that effect to an inspector by any voter
It shall be the duty of each inspector to challenge every person
offering to vote, whom he shall know or suspect not to be duly
qualified as a voter. See §§ 169, 361.
Instkuctions for Election Officers 289
In sach cases the following preliminary oath shall be tendered
to him: " You do swear (or affirm) that you will fully and truly
answer all such questions as shall be put to you touching your
place of residence and qualifications as an elector.'^ See § 362.
The inspectors or one of them shall then ask the following
questions under the preliminary oath :
1. What is your name?
2. What is your age ?
3. Where do you reside? State as precisely as you are able
the particular locality of your place of residence.
4. How long have you resided in this election district ?
5. What was your last place of residence before you came into
this election district ?
6. How long have you resided in this country ?
7. How long have you resided in this state?
8. Are you a native or naturalized citizen?
If a naturalized citizen —
9. W^hen were you naturalized ?
10. Where and in what court, or before what officer ?
11. How long have you resided in the United States?
12. Did you come into this election district for the purpose of
voting at the next ensuing election ?
13. How long do you contemplate residing in this election
district ?
14. Have you made a bet or wager, or are you directly or
indirectly interested in any bet or wager depending on the result
of the next ensuing election ?
15. Have you received, or oflFered to receive, or do you expect
to receive, any money or other valuable thing as compensation
or reward for giving your vote at the next ensuing election ?
16. Have you paid, offered or promised to pay, contributed,
offered or promised to contribute, to another, to be paid or used,
rtny money or other valuable thing, or made any promise, to
influence the giving or withholdini^ of any vote at the next ensuing
election ?
17. Have you been convicted of felony ?
290 Instructioxs for Election Officers
18. If so convicted, have you been pardoned and restored to
all tho rights of citizenship ?
In addition, such other questions may be asked which may tend
to test the qualifications of the persons offering to vote as a resi-
dent of the election district, citizenship and right to vote at such
polling place. See § 3G2.
XTpon tho refusal of any person to take the preliminary oath,
arid' to answer fully the questions which may be put to him, his
vote shall be rejected. See § 362.
After receiving the answers of the person challenged, the in-
spectors shall point out to him the qualifications, if any, in respect
to which he shall appear to them to be deficient. See § 362.
And if the person persists in his claim to vote, and the chal-
lenge be not withdrawn, the following oath shall be administered
to him: *' You do swear (or affirm) that you are twenty-one
years of age, that you have been a citizen of the United States
for, ninety days, and an inhabitant of this state for one year next
preceding this election, and for the last four months a resident
of this county, and for the last thirty days a resident of this
election district, and that you have not voted at this election? "
Sec § 363.
If the person so offering to vote shall be challenged for causes
stated in section two of article two of the Constitution of this
state, the following additional oath shall be administered by one
of the inspectors: " You do swear (or affirm) that you have not
received or offered, do not expect to receive, have not paid, offered
or promised to pay, contributed, offered or promised to contribute
to another, to be paid or used, any money or other valuable thing
a^ a compensation or reward for the giving or withholding of a
vote at this election, and have not made any promise to influence
the giving or withholding of any such vote and that you have not
made, or become directly or indirectly interested in any bet or
wager depending upon the result of this election." See § 363.
If the person so offering to vote shall be challenged on the
ground of having been convicted of bribery or any infamous
crime, the following additional oath shall be administered to hini
Instkuctions for Election Officees 291
by one of the inspectors: " You do swear (or affirm) that you
have not been convicted of bribery or any infamous crime, or if
so convicted, that you have been pardoned and restored to all the
rights of a citizen." See § 363.
If any person shall refuse to take either oath so tendered, his
vote shall be rejected, but if he shall take the oath or oaths ten-
dered him, his vote shall be accepted. See § 363.
A record of the persons challenged is required to be kept, con-
taining the name of every person who is challenged, or who takes
either the preliminary or general oath, or both,, specifying in each
case the particular oath taken, and at the close of election, the in-
spectors shall certify that the record contains the names of all
persons challenged at such election in such district. See § 364.
Closing the Polls and Counting the Vote.
The polls shall be closed at five o'clock in the afternoon. The
closing of the polls shall be deemed to mean the close of the de-
livery of official ballots to the electors, and the electors entitled
to vote who are in the polling place at or before the time fixed for
the close of the polls, shall be allowed to vote. Soe § 291.
Immediately upon the closing of the polls, the inspectors oif
election shall publicly canvass and ascertain the votes, and shall
I r
not adjourn or postpone the canvass imtil it shall be fully com-
pleted.
At the close of the polls the ballot clerks shall make up in
triplicate in ink a return which shall account for all the official
ballots furnished to the election district in which they are serving;
they shall count and verify the number of each kind of unused
ballots, and enter it upon their returns ; they shall then open the
box for ballots canceled before delivery and spoiled and returned
by voters, separate them into their several kinds, count all ballots
of each kind and enter the numbers upon their returns. They
shall make the additions and subtractions called for by the returns
and prove their figures. In making their returns as aforesaid,
the ballot clerks shall use the printed forms supplied to them
with the ballots, and they shall carefully insert in all the blank
292 Instructioxs for Election Officers
spaces thereon the appropriate names, words and figures according
toiitfae directions contained in article nine of this chapter and
prioited on the forms.
' "Each kind of ballot and each kind of stub shall immediate! v
after they are counted as aforesaid be securely tied in a separate
package^ and shall be plainly labeled, sealed, and returned to the
box. from which it was taken, and the box securely locked and
sea^d. The ballot clerks shall also securely tie all unused ballots
in .k sealed package. They shall then sign and swear to their re-
turns before one of the inspectors and shall deliver their returns,
the; boxes, packages, ballots and stubs, together with the keys of
the boxesj to the chairman of the board of inspectors. The bal
loto so sealed and delivered shall be deposited and preserved as
ballot boxes are hereinafter required to be deposited and preserved.
...8. Poll clerks. Immediately upon the close of the polls the
poU clerks shall assist the inspectors of election in comparing the
poll-books with the rasters as hereinafter provided, and shall
make out in triplicate in ink and sign and swear to their returns
before one of the inspectors of elections according to the forms
provided, and deliver them to the chairman.
4:* Order of canvassing. The ballot boxes shall then, and not
befotre, be opened and the ballots shall be canvassed^ in the fol-
lowing order :
First. The box, if any, containing presidential ballots.
Second. The box, if any, containing general ballots; and
Third. The boxes, if any, containing ballots upon constitu-
tional amendments or other questions submitted, including town
questions. See § 366.
Metliod of Canvassing.
The chairman of the board of inspectors shall personally unfold
each ballot of the kind then to be canvassed in such a manner that
its face shall bo down and all marks thereon shall be wholly con-
cealed, and he shall place all the ballots, so unfolded and with their
faces down, in one pile. He shall then take up each ballot in
order, turn it face up, and announce in a loud and distinct voice,
IlfSTRUCTIONS FOB ELECTION OfFICEBS 298
the vote r^stered on the first secticm or that the ballot is void qr
that the section is blank, as the case may be. He shall then turn
the ballot face down and place it in a new pile. When he has aui
nounced the votes on the first sections of all the ballots of the kind
then to be canvassed, and the poll clerk's tallies made as her^
inafter provided are proved to be correct, the oflScial return pro-
vided for in article thirteen shall be filled out and signed. TheiM
and not before, the chairman shall proceed to canvass in like
manner the votes upon the next section to be canvassed, and iHaxsA
he shall proceed until all the ballots have been canvassed. 't
As each vote is announced each poll clerk shall immediately
tally it in black ink, with a downward stroke from right to \eit
upon the official tally sheet provided for the purpose, also cato^
fully tallying one for each blank or void vote. Each poll clet*k
as he tallies a vote shall clearly announce the name of the can-
didate for whom he tallies it, or that he tallies the vote blank on
void as the case may be, or in case of a question submitted that h^
tallies the vote " Yes '^ or " No " as the case may be, and fmtiA
such announcement by each poll clerk the chairman shall not an-J
nounee another vote. When a candidate's name is not printed on
the official tally sheet or return provided, it shall be written^in
full thereon in ink in its due order, that is, in the order in wbleU
it appears on the ballot. The tally marks shall be made indcui
numerical order in the tally spaces provided. ■ : i
When all the sections relating to the same office or question
flhall have been canvassed, the number of ballots shall be com-
pared with the tally thereof. If the result as shown on the tally
sheets does not agree with the results as shown by the number of
ballots, an error has been committed and a recanvass must be
made. Upon the recanvass, the tally must be kept in red ink
from left to right across the previous tally marks. When all the
errors have been corrected and the tally sheets have been foilnd
to be correct, the poll clerks shall indicate the last tally oppofeUe
each name by forthwith canceling at least the next ten u»uaed
tally spaces, if there are so many, and if there are not so many,*
fhen as many as possible, by drawins: throufi:h them in red ink
294 Instructions for Election Officers
one or more horizontal straight lines. The tally sheets having
been thus prepared, verified, and closed, the inspectors and poll
clerks shall sign the certificate at the foot of each sheet in the
places indicated thereon.
2. Canvassing ballots when more than one candidate is to be
elected to the same office. When more than one candidate is to
be elected to the same office, the forgoing method of canvass shall
be modified to meet the necessities of the case, as follows :
' The chairman shall read the names of the candidates voted for
in the order in which they appear in the section, and each poll
clerk shall make an accurate tally of each vote as announced upon
the official tally sheet provided for the purpose. The chairman
shall also announce the void ballots, if any, and the number of
blanks, if any, upon the section, and each poll clerk shall make
as many tallies for each void ballot as there are candidates thereon
to be elected to the office in question, and one tally for each blank.
3. Canvassing presidential ballots. The straight ballots, that
is, all valid ballots on which all the candidates in any party group
are voted for, shall bo placed in piles, like with like, and the split
ballots, that is, all -valid ballots marked in one or more of the
individual voting squares or with names written thereon, shall be
placed in one pile, and all void ballots and wholly blank ballots
shall be likewise placed in separate piles. Each of the piles shall
then be counted and the result clearly announced, and the number
of straight votes for each candidate shall be entered in gross
opposite his name on a tally sheet by each poll clerk, and the
njumber of split, void and wholly blank ballots shall be similarly
entered in their appropriate places. The chairman shall then
take the split ballots and they shall be canvassed, announced and
tallied in the manner above provided for canvassing ballots when
n(^ore tiian one candidate is to be elected to the same office.
In all cities and villages of five thousand inhabitants or more,
the chairman of the board shall forthwith upon completion of the
count of votes and announcement thereof, deliver to the police
officer on duty at the polling place a statement subscribed by the
board stating the number of votes received by each candidate for
office. See § 372.
IlfSTKrCTIONS FOR ELECTION OFFICERS 295
Statement of CanTass and Certified Copies.
Upon the completion of the canvass the board of inspectors
shall make out an original statement of canvass and two certified
copies thereof, and sign and certify them as required by law.
See § 373,
The ballots voted, except the void and protested ballots, should
he replaced in the box from which they were taken, together with
a statement as to the number of such ballots so replaced, and each
such box shall be securely locked and sealed, and deposited with
the officer or board furnishing such boxes. See § 374.
Proclamation of Result.
Upon the completion of the canvass and of the original state-
ment and certified copies, and the result thereof, the chairman of
the board shall make public oral proclamation of the result of the
canvass. See § 375.
The original statement of canvass and the certified copies
tLereof will then be securely and separately sealed with sealing
wax in an envelope properly endorsed on the outside thereof by
the inspectors. See § 370.
Delivery and Filing of Papers, ete.
At every general election, the chairman of the board shall
forthwith upon the completion of the canvass, deliver one certified
copy thereof as follows :
One copy shall be delivered to the supervisor of the town or
city in which the election district is situated, and if there be tto
supervisor, or he be absent or unable to attend the meeting of the
county board of canvassers, such copy shall be forthwith delivered
to the a^esessors of such town or city. See § 377.
One certified copy of such original statement of the result of
the canvass, the poll books of the election and one of the tally
sheets shall be forthwith filed by the inspectors, or by one of them
deputed for that purpose, with the town or city clerk as the case
may be. See § 377.
The original certified statement of the result of the canvn^s,
with the original ballot return, prepared by the ballot clerk,
296 liNSTRUCTIOXS FOR ELECTION OfFICEHS
aftacted, the sealed package of void and protested ballots, the
record as to challenged and assisted electors, with the sealed pack-
ages of the detached stubs and unvoted ballots, and one of the
tally sheets shall within twenty-four hours after the completion
of the canvass, be filed by the chairman of the board of inspectors,
with the board of elections of the county in which the election
district is situated. See § 377.
' 'the registers of electors and public copy thereof shall be filed
at the close of the canvass of votes, or within twenty-four hours
thereafter shall be filed respectively with the board of elections
of the county in which the election. district is located, and in the
city of New York with the office located in the borough of Man-
hattan, and with the chief clerk of the branch office of the board
bf elections in each other borough of the city of New York. See
§ 180.
In the city of New York, the original statement of canvass,
the sealed packages of void and protested ballots and other elec-
tion papers and packages, shall be filed as provided in section 378
of the election law.
HOlXr TO VOTE.
The voter should enter within the guard rail through the en-
trance provided, and forthwith proceed to the inspectors and give
his name and residence to the inspectors. If entitled to vote, and
his vote is not challenged, or if challenged, and the challenge be
decided in his favor, one of the ballot clerks will deliver to him
one official ballot, or set of official ballots, folded in the proper
manner. See § 356.
He will then retire alone to one of the voting booths for the
purpose of preparing his ballots. The following rules are to be
observed in marking ballots (see § 358) :
1. To vote for an entire group of presidential electors of any
party by means of a single mark, he shall make a cross X mark
in the circle above the party column.
2. To vote for any candidate on any ballot, except for an entire
group of presidential electors by means of single mark, he shall
Instructions for Election Officers 297
make. a cross X mark in the voting square at the left of ^ho
candidate's name.
3. If a voter makes a cross X mark in the circle above a party
column and also makes a cross X mark in one or more voting
squares at the left of the names of one or more presidential
electors or v^rrites in a name or names, he shall be deemed to hAV^
voted for the electors whose names are thus specially indicated
and also for all the electors on the ticket so marked in the cifK^le,
except those whose names are opposite to the names so specially
indicated.
4. To vote for any candidate not on the ballot, he shall write
the candidate's name on a line left blank in the appropriate pla,ce.
5. To vote on any constitutional amendment or question sub-
mitted, he shall make a cross X mark in the appropriate voting
square at the left of the question as printed on the ballot.
A cross X mark shall consist of any straight line crossing any
other straight lin^, at any angle, within a circle or voting square.
Any mark other than a cross X mark or any erasure of any kind
shall make the whole ballot void ; but no ballot shall be declared
void because a cross X mark thereon is irregular in character.
Any ballot which is defaced or torn by the voter shall be void.
If a voter shall do any act extrinsic to the ballot itself, such as
inclosing any paper or other article in the folded ballot, such
hallot shall be void. If the elector marks more names than there
are persons to be elected to an office, or if for any other reason it
is impossible to determine the elector's choice of a candidate for
an office to be filled, his vote shall not be counted for such office
but shall be returned as a blank vote for such office. Where, in
the case of a candidate for governor, the candidate is nominatQd by
two or more political organizations, and the voter makes a cross
X mark in two or more voting spaces or squares, his vote for such
candidate shall be counted, but he shall not be recorded in the
tally sheet or returns as voting with any particular party or inde-
pendent body.
If the voter should spoil a ballot or one of a set of ballots he
may successively obtain others from the ballot clerk, not exceed-
298 Il^STRUCTIONS FOB EjLECTIOlT OfFICESS
ing in all three sets, upon returning each set of ballots defaced or
wrongly marked. See § 358.
Xo voter should be allowed to occupy a voting booth occupied by
another, nor to occupy a booth more than five minutes in case all
the booths are in use and voters are waiting to occupy the same.
See § 358.
Before leaving the voting booth the voter should fold his ballot
in the proper manner for voting, which is first by bringing the
bottom of the ballot up to the perforated line, and second, by fold-
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 endorsement on the bajck of the
ballot shall be visible, so that 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 thfe stub, and so that when folded,
the ballot shall not be more than four inches wide. See §§ 356,
359.
The ballots handed to the voter by the ballot clerks will be prop-
erly folded and can be refolded by him in the same manner. Such
manner of folding should be carefully observed before unfolding
his ballot for the preparation of his vote. See § 356.
After preparing his ballots the voter should proceed at once to
the inspector in charge of the ballot box, deliver his ballots to him
and after seeing them deposited, leave the enclosed space. See
§ 359.
A voter who declares on oath at the time of r^«tration or if
subsequently disabled, on the day of election, that for lawful
reasons he is unable to mark his ballot without assistance, may
receive the assistance of two of the election officers in marking
the sama See § 357.
All ballots must be marked with a lead pencil having black
kad only. See § 358.
An elector is not allowed to reciter the enclosed space «fter
having voted. See § 359.
An elector who does not vote a ballot delivered to kim must
return the same to the election officer before leaving tbe polling
place. See § 359.
Index
I
AffidaTits: pags.
hoftel keepers holding liquor licenses, { 481 240
Albany:
mayor and recorder, when members of state hoard of eanYassers,
I 441 230
Aldennen:
designated for party nomination on official primary ballot, § 46. 3Q
lists of candidates for, § 131 75
American flag:
display in polling places, § 300-a 140
provided by whom, § 300-a J140
size of, § 300-a 14Q
Application for registration:
See Reoistbation.
Apportionment:
election expenses, $ 318 151
See also Conventions; ELEcnoNJS; Ezpenbb.
Amy:
See SoLDiEBS and Sailobs' Elections.
Assembly:
special election for member, § 292 130
statement of county canvassers of vote for member, § 437 225
Assembly districts:
divided into primary districts, | 74 46
See alao Election Distbicts.
Assessors:
statement of result filed with, { 377 200
Ballot boxes:
arrangement of, at polling places, { 350 176
ballot, not to be rejected if found in wrong, § 85 56
description of, $ 316 150
detached ballot stubs, f 316 150
at primary elections, § 79 52
examined by inspectors, $ 84 56
by secretary and tellers, at unofficial primary elections, $ 02 . . 62
general ballots, { 316 150
guard-rail, to be kept within, § 351 177
at primary elections, S 83 55
locking and unlocking of, § 350 176
number and kind of, | 316 150
order of opening, | 366 1^1
[290]
I< (
r • <
: n
r i
806 Index.
B«not Boxes — Continued: page.
' ^ " polling places, supplied for, § 300 140
for primary elections, as in case of general elections, § 79 ... . 52
^ questions submitted, | 316 150
separate box for each party, § 79 52
how marked, § 79 52
spoiled and mutilated ballots, § 316 150
town ballots, § 316 150
town propositions, { 316 .' 150
unvoted ballots, § 79. 52
Ballot clerks:
<
appointment, in towns, | 312 148
for primary election only, where voting machines used, § 74 . . 47
compensation, § 319 152
general duties, { 354 179
, names of persons serving as, to be furnished, § 309 146
^. '. number and qualifications, § 302 . . . , 142
pasters, delivered to and affixed by, § 137 79
report in statement of ballots, § 137 79
-1 1 primary election, appointed for district using voting machines, § 74 46
. . return sheets, expense of providing, § 318 151
vacancies and absences, how supplied* § 313 148
voting machines, not appointed or elected where used, § 418 218
^allots:
ballot label, term defined, § 420 219
^ , ballot returns, form of bl^inJcs. for, | 837 . i 166
. boxes for unvoted ballots and detached stubs to be supplied, § 79 . . 52
,. constitutional amendments, form for, { 332 161
county clerks to provide, { 341 171
- custodian of primary records, prepared by, | 79 52
, death of candidates after printing of ballots, use of pasters, § 137. 79
delivery to voters, | 366 182
to whom, i 79 52
when, I 79 52
where, § 79 52
r description of, § 331 155
destroyed, when to be, § 88 59
detached ballot stubs, box for, { 316 150
preservation of, § 378 201
• disposition of, after canvass, { 88 59
distributed by county clerks, § 343 .'. 173
' errors and omissions in, | 344 174
folded together, when to be counted, § 367 192
folding of, { 356 182
form of, S 331 158
found in wrong box, how counted, f 367 192
WUkts^- Continued: .. jp^iQi^
generally, §§ 330-345 , .154-175
instruction cards, expense of providing, § 318 ., 151
intent of voters, determined from markings, § 86 , . 58
rules for canvassing, § 368 , . , . ^ 193
irregular, disposition of, { 414, • • • • • 215
how cast on voting machine^ | 408 ^ . 211
term defined, S 420 . .^, 219
judicial investigation of, § 381 .^ 202
manner of voting, § 359 , 186
marked for identification, protested, § 370 ,196
marking, rules for, § 358 * 184
method of counting, § 368 193
New York city, filing in, § 378 201
not to be unfolded outside of booth, § 359 186
number of, | 79 52
official, expense of providing, § 318 151
kept within guard rail, § 351 177
number for each polling place, § 340 171
similar in form and style, § 331 155
when provided at public expense, § 330 155
official primary, f 58 39
defined, fi 3, subd. 11 3
pasters affixed to, § 137 79
when to be used, | 137 7^
persons not candidates, how indicated on, § 358 184
preparation of, by voters, { 358 184
preservation of, except void or protested, S 374 199
presidential electors, vote of, how cast, S 454 234
printing on back, § 331 155
produced, when to be, { 88 59
proposition submitted, form for, S 332 161
protested, filing of, § 376 ■- 200
preservation of, § 374 199
provided by whom, § 341 171
public inspection of, | 342 173
questions submitted, form for, | 332 161
intent of voters at primary elections, § 86 58
sample, expense of providing, | 318 151
how printed, f 333 162
spoiled and mutilated, box for, § 316 150
straight ticket, how marked, | 358 184
ituhs, description of, S 331 159
detached, box for, § 316 .: 150
removal of, in view of voters, | 359 ^ 186
what to contain, § 331 159
term defined, f 420 ^ 219
30? Index.
Ballots — Continued : page.
town propositions, form for, § 332 161
unofficial, used in lieu of official ballots, § 345 174
voting machines, when to be used in, | 406 210
when to be voted, § 360 187
unused, in New York city, disposition of, § 201 117
unvoted, delivery and filing, § 376 200
verifying number of, § 367 192
void, description, § 86 58
marks on, § 86 58
preservation of, § 374 199
void and protested, filing of, § 377 200
voting machines, form for, § 397 206
official, number of, § 399 207
party columns on, § 397 206
sample for, § 398 206
war, how printed, § 503 251
official envelopes for, § 504 252
when delivered, where voting machines are used, § 404 210
wilful defacement of, § 371 197
without official indorsement, how counted, § 367 192
See also Ballot Boxes; Canvass; Instruction Cards; Pbimaby
Ballots; Sample Ballots; Soldiers and Sailors' Eleciions;
Voting Machines.
Banners:
American flag, display of, § 300-a 140
not allowed in or near polling place, { 84 56
Blanks:
furnished for use of election officers, § 334 163
Board:
judicial proceedings because of action or neglect of, § 56 38
See also County Clerks.
Board of canvassers:
See Canvassers, County Board op; Canvassers, State Board of;
New York City.
"poards of elections:
abolished in Broome and Oneida counties. § 209-a 109
ballot boxes provided by, § 79 52
ballots and stationery provided by, § 341 171
I
bi-partisan character of, § 196 114
independent certificates of nomination, filed with, § 127 72
when to be filed, § 128 73
certification of nomination by secretary of state, § 129 73
commissioners of elections, to organize as a board, | 192 112
members of board designated as, § 190 109
number of, i 190 109
Index. 303
Boards of elections — Continued: pace.
custodian of primary records, to act as, § 202 117
declination of nomination, time of filing with, $ 133. - 76
distance markers provided by,. § 79 52
duties and powers of, | 190 109
election records and appliances transferred to, § 206 118
employees of, § 197 115
enrollment, publication of, § 22 - 22
transcripts to be provided, § 22 22
established, § 190 109
in cities of first class containing one or more counties, § 100.. 109
expenses of, how paid, $ 200 116
false registration, investigation of, § 157 90
filling vacancies in board, fi 195 114
general office and branches, § 198 •. 115
generally, §§ 190-208 108-120
f[[uard-rails provided by, $ 79 52
lists of candidates sent to town clerks and aldermen by, § 131 75
new nominations, certificates filed with, § 136 78
New York city, certificates of nomination filed with, § 127 72
election expenses, | 318 1 51
nominations, how published, § 130 74
to be custodian of primary elections, § 202 117
nominations to be published by, { 130 74
number of commissioners, $ 190 109
oiBce hours, rules and regulations, § 207 118
official seal, S 203 '^ ri7
police aid for, § 199 115
political parties, representation among commissioners, § 190 109
poll-books provided by, | 79 ' ' 52
polling places provided by, $ 79 52
public record of proceedings to be kept, $ 208 118
registers and unused ballots, disposition of, { 201 117
registry lists published, S 157 ,90
rules and reports, | 192 112
salaries of commissioners, { 193 1 12
sample ballots provided by, S 79 52
statements of canvass, tally sheets and poll-books filed with, § 204. 117
supplies for primary elections provided by, f 79 52
for general election, | 341 171
voting booths provided by, § 79 52
See also Crnrs; Countteb; Commissioners of Elections; Custo-
dian OF Pbihaby Records ; New Yobk Citt; New Yobk County.
Boards of inspectors:
See InBPmenoMB,
804 Index.
Boards of primary election officers: pagb
members of, § 74 46
duties of, how divided, § 74 46
See also Pbimabies.
Booths:
arrangement of, upon opening of polls, § 350 176
description, § 6 6
'expense of providing, § 318 151
number and description of, § 317 151
polling places, supplied for, § 300 140
provided and paid for, for primary elections, as in case of general
elections, § 79 52
provided for registration, § 6 6
by custodian of primary records, §6 6
number of, § 6 6
supplies for, § 6 6
time of erection, § 6 6
term to include ballot machine inclosure, § 412 213
time of occupancy by voter, § 358 184
Boroughs:
See Boards of Elections; Cities of 1,000,000 Iithabitants; mew
YOBK City.
Bronx county:
See New Yobk City.
Brooklyn:
See New York City.
Buffalo:
election districts, creation, division and alteration of, f 296 134
places for registry and voting, designation of, § 299 138
See also Ballots; Erie County.
Building department:
reports to state superintendents of elections, § 483 242
Campaign committees:
party rules may provide for, § 35 26
Campaign contributions:
detailed statement of, § 546 266
name of contributor, to be under, § 547 267
not made through politicjil committee, statement of, § 541 264
primary purposes, restrictions as to use for, § 562 271
See also Corrlt»t Practices.
Campaign expenditures:
detailed statement of, § 546 266
primary elections, made for, § 541 264
vouchers for, § 545 266
See also Corrupt Practices.
Index. COS
Campaign expenses: page.
personal expenses defined, 8 642 266
secretary of state to file and preserve statements, § 648 267
See also Cobbupt Practices.
Candidates:
ballots, how marked, f 358 184
certificate of election to party position, delivered by custodian of
primary records, § 89 60
certificate of party nomination, delivered by custodian of primary
records to, § 89 60
for party nomination to be made at primaries, § 43 80
designated by petition, for party nomination to be made at pri-
maries, § 46 30
arrangement on ofUcial primary ballot, $38 30
designation, term defined, § 3, subd. 10 3
violation of provisions relative to, a misdemeanor; penalty,
I 93 63
form for designation for election to party position by petition, § 48. 30
for party nomination by petition, § 4S 30
independent nominations, per cent of voters to make, § 122 65
lists posted by town clerks and aldermen, § 131 76
names printed on tally sheet by inspectors of election, § 79. 66
newspapers, support by, § 301 . r 140
designated by petition for party nomination by enrolled voters,
§ 48 31
party funds restricted in use for primary purposes, § 562 271
party nomination, canvass by custodian of primary records, § 89. . . 60
canvass by secretary of state, § 89, subd. 2 61
party position, canvass by custodian of primary records, § 89 60
personal expenses defined, S 642 265
statement of result of canvass may be examined by, § 88 69
support of, by newspapers, § 301 1^6
vouchers for expenditures, § 544 266
See also Certificates of Nomination; Corrupt Practices; New
York City; Nomination; Primaries.
Canvass:
adjournment or postponement not to be, | 85 56
ballot boxes, order of opening, % 366 191
begins at closing of polls, § 366 191
disposition of ballots after, § 88 60
generally, H 350-382 175-202
inspectors to make and sign original statement of, § 373 198
meUiod of canvassing, $ 368 193
New York city, statements filed in, § 378 ^ 201
police, statement delivered to, S 372 .* 197
poll-books and registers compared, S 367 192
306 Index.
Canvass — Con tinned : page.
preparation for, § 366 191
primary inspectors to make, § 85 5C>
primary returns, violation of provisions relative to, a misdemeanor;
penalty, § 93 6!
pjoclamatioa of result, § 375 19il
at primary election, § 87 r>S
public view of, § 366 191
room to be lighted, § 366 191
rules for making, f 85 .'iB
soldiers and sailors' vote, duties of inspectors, § 514. 260
bow conducted, § 511 2'>7
statements and certified copies to be sealed, § 376 2oO
transcript of result may be made by watcher, § 88 59
void and protested ballots, preservation of, § 374 199
when voting machines used, § 413 213
certificate signed by inspectors, § 413 213
written statement on statement of result sheet in duplicate. § 87. . . . oS
See also Ballots; Canvassebs, Countt Boabd of; Ganvassebs,
State Board of; Statements; Voting Machines.
Canvassers, boards of:
generally, §§ 430-144 220, 223
See also Canvassers, County Board of; Canvassers, State
Board of.
Canvassers, county board of:
corrected statements, mandamus to state board to canvass, | 435 . . 224
proceedings of state board upon, § 434 223
determination of election by, § 438 227
how made, § 438 227
election district statements, correction of error in, § 432 222
mandamus to correct errors, § 433 222
meetings, when held, § 430 220
order to compel, S 430 220
organization of, | 430 220
quorum, § 430 220
soldiers and sailors' vote canvassed by, $ 515 260
statements of canvass, how made, § 437 225
production of, § 431 221
sent to governor, secretary of state and comptroller, § 439 ... . 22S
Canvassers, state board of:
certificates of election sent by secretary of state, S 443 232
corrected statements of county boards, mandamus to canvass, § 435. 224
proceedings upon, §{ 434, 436 223, 224
dissenting opinion filed with secretary of state, { 442 231
mandamus to correct errors, § 433 222
meetings, secretary of state to appoint, $ 441 230
Index. 307
CanTisaers, State Board of — Continued: page.
organizatioa of, § 441 230
quorum, i 441 230
soldiers and sailors' vote canvassed by, § 516 261
statement and determination of, § 442 231
statements of county boards canvassed by, § 442 231
Cards:
secretary of state to provide, | 485 244
See also State Suferintendeict of Elections.
Cards of instruction:
expense of providing, | 318 151
See also Stationebt; Sttpfubs.
Certificates:
boundaries of election districts, fi 208 137
designation, filed after printing of ballots, § 52 35
election officers, appointment, § 307 145
name, title of office, party, emblem, transmitted by secretary of
state to custodian of primary records, § 51 35
record of persons challenged, f 364 190
vacancy, certificate filed after printing of ballots, § 52 35
effect of, I 52 35
secretary of state, when filed with, | 52 35
what to contain, § 52 35
Certificates of nomination:
filed with board of elections for certain offices, | 127 72
in duplicate for town offices, { 127 72
with city, village or town clerk, $ 127 72
with secretary of state, for certain offices, § 127 72
fraudulent or forged names, § 123 65
independent, S 122 65
designation of committee, | 123 65
form of, § 123 65
how made, S 123 65
time of filing, | 128 73
written objection, filed and heard, $ 134 77
omitted emblems, how supplied, i 126 71
places of filing, J 127 72
public records, f 127 72
record of, open to public inspection, § 127 72
what to contain, § 127 72
special election, time of filing, { 128 73
vacancy, manner of filing certificate to fill, S 135 78
See also Certificates; Nokinations.
Challenge affidaTits:
disposition of, ( 172 101
form of , I 1 68 97
308 Lndex.
Challenge af^davits-^ Continued: paoi.
investigation into truth of, § 170 100
preparation of, § 1Q7 96
Cliallengers:
duties and qualifications of, § 352 177
at .primary elections, § 84 56
number at polls, § 352 177
. permitted at primary elections, § 84 56
Challenges:
applicants for registration, f 169 99
comparison of description and answers, § 361 187
enrollment book, record in, § 5 6
entry requiring, to be made, § 173 101
form to be used, § 72 45
inspectors to challenge doubtful persons, § 361 187
oath to be administered, { 363 189
official primary elections, § 72 45
preliminary oath, f 362 188
procedure at official primary election, $ 71 45
questions, § 362 188
record of persons challenged, § 364 190
where filed, § 377 200
voter subject to, § 71 45
when offered, § 361 .. 187
See also Challenge Affidavits; Elections; Inspectors; Oath.
Change of Tesidence:
Sec Enrollment; Registration; Residence.
Cities:
Albany, mayor and recorder, when members of state board of can-
vassers, I 441 230
ballots and stationery, distribution of, | 343 173
board of primary election officers, duties, § 74 46
number of officers, § 74 46
' certifying changes in register, § 179. 104
certifying number of registered electors, § 181 105
divided into primary districts, § 74 46
election districts, creation, division and alterati6n of, fi 296. 134
maps and certificates of boundaries of, § 298 137
redistricting of, § 419 218
election expense, apportionment of, § 318 151
when held on general election day, § 318 151
when not held 6n general election day, § 318 151
*' election officers, appointment of, § 303 143
party lists to be authenticated, J 304 143
* ^ municipal offices, first class cities, BKnber of signatures required
on certificate, § 122 65
new election district, certified copy of register for, § 183 107
Index. 309
Cities — Continued : page.
reghtratioi], how conducted, ( 158 92
other than general elections, | 160 93
registration and polling places, publication of list, § 301 140
voting machines, adoption of, § 393 205
See also Enboixment; Pbiuabies; Reoistbation.
Citiei of first class:
board of elections established, | 190 109
eertaf jring changes in register, | 179 104
eleeiiim oiBeers, compensation of, § 319 152
removal and filling of vacancies, § 308 145
enrollment, publication of, § 22 22
official ballots, number to be supplied, § 340 171
registers, custody and filing of, § 178 104
See also Boabdb of Elbctionb; New Yobk Citt; Pbiicabibs; Reois-
tbation.
City derks:
ballots and stationery delivered to, fi 343 173
certificate of nomination filed with, § 127 72
declination of nomination, time of filing with, | 133 76
duplicate statement of result of canvass filed with, § 87 58
City Record:
boundaries of election districts published in, $ 301 140
canvass by election districts published in, § 430 228
registration and polling places published in, S 301 140
drtvmns:
arrangement of register, | 165 85
See also Ballots; Reoisteb; Voting Machines.
Commissioners of elections:
appointment, term and qualifications of, § 191 Ill
bi-partisan character of board, | 196 114
employees, { 197 115
expenses of board, how paid, { 200 116
general office and branches, | 198 115
organization of board, | 192 112
recommendation for appointment, § 194 113
salaries, % 193. ., 112
vacancies in board, how filled, S 195 114
See also Boabds of Elections ; Custodian of Pbiicabt Recobds.
Committees:
designation of, on independent certificates of nomination, § 123. .. 65
new county erected, committees for, $ 55 37
new party, existing committees continued, | 65 37
notified, when declination filed, S 50 34
party committees, § 35 26
term defined, | 3, subd. 13 ^ • 3
See also Pabtt Coumitteeb.
3 10 Index.
Common council: ' pack.
places for registry and voting, designatioil of, { 299 138
See also Cities.
Comptroller:
statements of canvass sent to, § 439 223
Concurrent resolutions:
publication of, § 295 133
See also Corbtitotional Amendments; Newbpafebb; Secbetabt
OP State.
Congress:
president of senate, messenger from presidential electors to, § 455 . . 234
representatives in, certificates of election of, { 443 232
resignation, where filed, § 450 233
special election for, § 292 130
statement of county canvassers, $ 437 225
when chosen, § 450 233
Congressional districts:
delegates to national conventions, when and how chosen from, $ 53. 36
presidential electors nominated by, § 54 37
Constitutional amendments:
proposed, form of ballot for, § 332 161
notice of submission of, § 294 131
publication of, § 295 133
See also Ballot Boxes; Newspapers; Qxtestions Submitted; Seo-
BETABT OF StATE.
Contempt:
penalty for, in contempt proceedings, § 559 270
See also Corrupt Practices; Courts.
Contempt proceedings:
See Courts.
Conventions:
national, method of choosing delegates to be decided by rules, § 53 . . 36
Correction of enrollment:
method of making, § 24 24
Corrupt practices:
accounting to treasurer or candidate, § 544 266
act relative to, §§ 540-562 263-271
campaign contributions, not made through committee, statement of,
§ 541 264
made under true name of contributor, § 547 267
default in filing statement; appeals, § 556 269
contempt proceedings, § 550 267
hearing, conduct of, S 569 270
judgment and penalty, § 560 270
maintained by whom, § 551 268
preference over other causes, f 555 269
subpoenas, $ 667 269
Index. 311
Coirnpt practices — Continued:
default in filing Btatemeiit — Continued: page.
gummary, pruc«:e<iing8 to be, § 554 260
time within which proceedings must be brought, § 553 268
undertaking for costs, S 552 268
witnesses, personal privilege of, § 558 270
election law, application of article 20 limited, § 561 271
personal expenses defined, f 542 265
political committees, defined, { 540 264
statements filed with secretary of state, § 548 267
secretary of state, forms for statements provided by, § 540 267
treasurer of political committee, powers and duties of, § 543 265
Touchers for campaign expenditures, I 545 266
Counters:
canvass, when voting machines are used, § 413 214
See also Votino Machines.
Coimties:
boards of canvassers, organization of, | 430 220
boards of elections established, § 190 109
expense of election, when not held on general t'lection day, § 31S. . . . 151
new, committees for, how constituted, § 55 37
questions submitted, statement of county canvassers, § 437 225
See also Boards of Elections; Canvassers, County Board of;
Prim ABIES; Registration.
Coimty board of canvassen:
See Canvassers, County Board of.
Coimty committee:
members of, elected at primary elections, § 37 27
number of members, § 37 27
party committee, to be, | 35 26
party rules and regulations to govern, | 37 27
rules for government of party and conduct of official primaries to be
prepared by, $ 40 28
See also Cohmittbbs.
County officers:
independent nomination, number of signatures required on certifi-
cate, i 122 65
record of election filed with secretary of state, § 444 232
statement of county canvassers, | 437 225
Courts:
ballot boxes opened upon order of, 3 374 199
ballots, order for correction of, § 344 174
conflict in names or emblems, order as to, § 125 70
corrected statements of county boards of canvassers, canvass of,
§ 435 224
312 Index.
Courts — Continued: ' pagc
county board of canvassers, meeting and organization of, § 430 .... 220
default in filing statements of political committees; appeals, | 550. . 269
contempt proceedings, § 650 270
hearing, conduct of, § 559 ; 270
judgment and penalty, § 660 270
maintained by whom, § 561 26^
preference over other causes, § 555 269
subpoenas, § 557 260
summary, proceedings to be, f 554 269
time within which proceedings must be brought, § 533 26S
undertaking for costs, S 552 26^
witnesses, j)ersonal privilpge of, § 558 270
enrollment reviewed by ; conduct of, § 23 22
when person not in sympathy with party, $ 24 21
errors in statements of canvass, mandamus to correct, § 433 222
investigation of ballots, § 381 202
objections to certificates of nominations, determination of, § 131. 77
order adding and erasing names on register, § 153 ^^
soldiers and sailors' elections, order for recanvass, S 520 262
United States, northern district, lists forwarded from presidential
electors to judge of court, § 456 • 23"
Cross mark:
description, § 82 '>'>
intent of electors at primary elections, § 86 53
what constitutes, § 358 liJ4
Sec also Ballots.
Custodian:
See Voting Machines.
Custodian of primary records:
assigns polling places to parties, { 74 46
blanks for election officers, § 334 Kj:?
board of elections to act as, § 202 1 17
canvassing statements of result, method, § 89 ^0
of designation filed with, after printing of ballots, § 52 o.l
of election to party position delivered to candidate by, § S3. 6^
of party nomination delivered to candidate by, § 89 C)«>
of vacancy filed with, after printing of ballot. § 52. 3j
iirtified copy of enrollment book, delivered to chairman of each
party by. § 16 IS
prepared for each party, § 16 !->
correction of enrollment, method of, $ 14-a 13
declination of designation transmitted to, by secretary of state.
§ 50 34
Index. 313
Custodian of primary records — Continued: page.
designations filed with, { 49, subd. 1 33
stamped or indorsed by, § 49, subd. 2 31
to be public records, { 49, subd. 1 33
duplicate declaration, attached to enrollment book by, § 14 12
election notices sent to, § 293 131
enrollment blanks, prepared and distributed by, ^ 7 7
to be public records, § 15 16
enrollment books, delivered by, | 4 5
enrollment books and records, delivered to, after last day of regis-
tration, i 12 : n
length of time to be kept on file, $ 88 59
enrollment boxes, delivered to, { 14 12
in the custody of, f 11 10
locked and sealed, when to be opened by, § 14 12
opened by, § 11 10
provided by, § 6 6
enrollment envelopes prepared and distributed by, § 7 7
to be opened by, S 14 12
fees, when salaried officer, S 21 21
judicial proceedings, how caused by, S 56 38
judicial review of enrollment, service of notice, 8 23 22
name or emblem, duty when conflict arises, § 125 70
notices published or posted by, fi 205 118
officer or board acting as, | 3, subd. 7 3
official primary elections, notice prepared and published by, 8 75.. 48
original enrollment books, delivered to election inspectors for official
primary elections, § 18 18
pasters, when furnished by, § 62 35
preparation of ballots by, § 79 52
provides facilities for keeping public records and making copies of
same, § 49, subd. 1 33
records sliowing nomination of party candidate equivalent to cer-
tificate of nomination, § 121 64
rules and regulations for party government filed with, § 40 28
sample ballots provided by, § 79 52
secretary of state to transmit certificate of name, title of oflice,
party and emblem to, $ 51 35
statement, of result canvassed by, § 89 60
of result of canvass filed with, § 87 58
of time, place and object of conventions, delivered to, § 75 ... . 48
of votes cast for certain candidates filed with secretary of state
by, § 89 60
of votes cast for certain officers, time of filing with secretary
of fttate. 8 89 60
supplies for voting booth provided by, 8 6 6
314 IjfDEX.
Custodian of primary records — Continued: page.
tally slieeta and blank statements of result prepared and furnished
by, § 79 52
time of filing notice of conventions with, § 75 48
transcript from enrollment books, certified by, § 21 21
voting booths provided by, § 6 5
wards or assembly districts in city or village of 6,000 or more di-
• vided into primary districts by, § 74 46
See also Ballots; Booths; Enbollment; Pbimabies; Supplies.
Death of candidate:
See Candidates.
Declaration:
duplicate, attached to original enrollment book, $ 14 12
where personal registration not required, S 13 12
where personal registration required, § 12 11
what to contain, where personal registration required, § 12 11
where personal registration not required, § 13 12
See also Statements.
Declination of nomination:
candidate's name not to appear on official primary ballot, § 50.- ^^
filed in writing, § 50 34
when filed with secretary of state, § 50 34
See also Candidates; Nomination; Vacancies.
Definitions:
committee, § 3, subd. 13 12
custodian of primary records, § 3, subd. 7 3
designation, § 3, subd. 10 3
fall primary, § 3, subd. 4 2
general election, § 3, subd. 1 2
independent body, § 3, subd. 14 3
independent candidate, § 3, subd. 18 4
independent nomination, § 3, subd. 16 4
independent nominee, § 3, subd. 18 4
nomination, § 3, subd. 9 4
official primary, § 3, subd. 2 3
official primary ballot, § 3, subd. 11 2
official primary election, § 3, subd. 2 3
party, § 3, subd. 8 2
party candidate, § 3, subd. 17 3
party nomination, § 3, subd. 15 3
party nominee, § 3, subd. 17 4
party position, § 3, subd. 12 3
primary day, § 3, subd. 3 2
. . spring primary, § 3, subd. 5 2
, unit of representation, § 3, subd. 6 3
unofficial primary, § 3, subd. 2 2
unofficial primary elections, § 3, subd. 2 2
Index. 815
PAGE.
certificate of, when filed after ballots printed, $ 62 35
copies of, made by custodian of primary records, f 49, subd. 1 . . . . 33
declination of, filed in writing, | 60 34
filed with certain officers, § 60 34
transmitted by secretary of state, | 60 • 34
filed with custodian of primary records, | 49, subd. 1 33
manner of filing by party committee, S 49, subd. 1 33
stamped or indorsed by secretary of state or custodian of primary
records when filed, | 49, subd. 2 34
term defined, § 3, subd. 10 3
time and place for filing by party committee, § 49 33
violation of provisions relative to, a misdemeanor; penalty, § 93.. 63
See also Cai^didates ; Nomination ; Petition.
Detenninations:
county clerks to transmit to secretary of state, § 439 22S
See also Canvassebs, County Board of; Canvassers, State
Board of.
Direct nominations:
See Candidates; Conventions; Nomination; Primaries.
DisaUHty:
See Voters.
Disqualification:
See Vacancies.
Distance markers:
expense of providing, § 318 151
paid for by whom, S 79 52
provided by whom, f 79 52
supplied to each polling place, § 333 162
See also Stationery; Supplies.
Election day:
Tuesday succeeding first Monday in November, § 3, subd. 1 2
See also Elections; Fall Primary; Spfxial Elections; Spring
Primary.
Election districts:
abolition, consolidation or change, in towns, § 297 136
ballots and sample ballots for, § 79 52
boundaries to be published, § 301 140
creation, division and alteration of, § 296 134
custody of registers after election, § 180 104
enrollment books, to be prepared for. $4 5
maps and certificates of boundaries, § 298 137
new, certified copy of register for, § 183 107
number in primary district, § 74 46
number of voters in, { 419 218
poll-book for each, §78 49
316 Index.
Election districts — Continued: vage
redistricting of, § 419 .' 218
residence changed within, § 165 96
statement of canvass, correction of, i 432 222
supplies and furniture, expense of providing, § 318. 15]
See also Boards of Elections; Cities; Pbimabies; Rboistration.
Election expenses:
apportionment, { 318 151
See also Booths; Elections; Pbimabies ; Stationeet.
Election inspectors:
See Inspectors.
Election iAw:
article 15, saving clause relative to voting machines, § 421 219
article 20, application of article limited, § 561 271
enrollment, certain articles applicable to method of, § 2 2
nomination, certain articles applicable to, § 2 2
party committee, certain articles applicable to method of electing
members, § 2 2
to organization and conduct of , S 2 2
party conventions, certain articles applicable to election of delegates
and alternates to, § 2 2
to organization and conduct, | 2 -
preparation and delivery of, § 320 153
schedule of laws repealed, § 570.
070
secretary of state to prepare and distribute, { 320 153
soldiers and sailors' elections, provisions applicable to, ( 521 262
voting machines, application of certain articles to, § 417 ^1^
when to take eflfect, § 671 272
Election notices:
transmitted to custodian of primary records, f 293 131
Election officers:
appointment of, by mayor, i 303 1^3
blank forms for, § 334 164
canvass by, when voting machines are used, § 413 213
certificate of appointment, § 307 14'>
of service, to be furnished, § 309 1-16
compensation of, § 319 152
designation of, § 302 152
disabled or illiterate voters, how assisted, § 357 1^3
failure to take oath, penalty for, § 310 H^
fees of, § 319 15-
instructions for guidance of 279
lists and supplemental lists, § 303 1*^3
number and qualifications of, § 302 1^2
oath of office, §307 ^^^
' ' officials for election district within primary district, § 70, subd. 1 • ^^
Index. 317
Eleefion officers — Continued: paok.
party list to be authenticated, § 304 143
party selection of, in New York city, S 300 144
payment of, § 309 146
polls, opening of, i 350 176
qualiflcations, examination as to, § 305 144
removal of, | 308 145
failure to deliver register and other documents, penalty for,
I 310 • 146
transfer of, § 308 145
vacancies, filling of, § 308 145
vacancies and absences, how supplied, | 313 148
voting machines, custodians of machines to instruct, f 401 209
instriicting voters in use of, § 411 213
keys del ivered to, | 407 210
disposition of, | 415 216
preparation of, at polls, § 407 210
when deemed public officers, § 470 238
See also Bali-ot Clerks; Eiection Districts; Inspectors; Poll
Clerks; Primary Inspectors; Primary Officers; Soldiers and
Sailors* Elections.
Electioneering:
not permitted at or near polls, f 352 177
at primary elections, | 84 56
Elections:
ballot boxes, number and kind, § 316 150
ballot clerks, general duties of, § 354 179
canvass, when voting machines are used, § 413 213
challengers, number at polls, { 352 177
qual ifications of, § 352 177
challenges, § 361 187
county clerks to publish notice of, § 203 131
date of, $ 200 129
destruction of books, records and papers relating to, § 382 202
documents, delivery and filing of, § 377 200
employees, time allowed for voting, § 3G5 190
expense of polling places and supplies, § 318 151
general, notice transmitted to county clerks, § 293 131
generally, §§ 290-320 129-154
conduct of, SS 350-381 176-202
inspectors, general duties of, § 353 1 78
instructions for 279
manner of voting, $ 359 1 86
papers relating to, delivery and filing of, $ 377 200
place hired for, statement of time UFed, S 309 146
politieal banner, poster or placard not allowed in polling place^
I 352 2 177
318 Index.
Elections — Continued : pagc.
poll clerks, general duties of, § 355 179
polling places, equipment of, § 300 140
guard-rails and voting booths, § 317 151
polls, opening of, f 350 1 76
time of opening and closing, § 291 129
proposed constitutional amendment, notice of submission of, § 294. . 131
qual ifications of election officers, § 305 144
records, filing of, in Erie county, § 380 201
in New York city, § 378 201
result, proclamation of, § 375 199
returns, form of blanks for, § 338 169
soldiers and sailors', §§ 500-522 249-263
conduct of, § 510 2.")6
stationery and supplies to be provided, § 333 16'J
unofficial ballots, when to be used, § 360 1S7
voting machines, experimental use of, § 394 205
preparation of, § 400 207
watchers, appointment and duties of, § 352 177
See also Ballots; Boards of Elections; Canvass; Challenges;
Election Districts; Election Officers; Notices; Oath;
Polls; Primaries; Soldiers and Sailors' Elections; Special
Elections; State' Superintendent of Elections; Voting
Machines.
Elections, state superintendent of:
See State Superintendent op Elections.
Electoral college:
meeting and organization of, § 452 234
See also Presidential Electors.
Electors:
See Voters.
Electors of president and vice-president:
See Presidential Electors.
Emblems:
arrangement on enrollment blanks, f 7 ^ 7
conflict in names or, § 125 70
enrollment blanks for independent body becoming a new political
party, $ 15 16
new, not to be chosen when vacancy filled, § 135 7S
official primary ballot, arrangement on, § 58 39
omitted, how supplied* § 126 71
selection of, § 124 ^^
what may not be used, f 124 69
See also Ballots; Conventions; Nomination; Voting
Machines.
Employees:
vot ing, time allowed for, S 365 1^0
Index. 319
EoroBmexit: pace.
certificate of, to be given to voter, § 21 21
certification and secrecy of, § 12 11
where [personal registration not required, § 13 12
certified transcript to be evidence of enrollment, § 21 21
completion of, § 14 12
correction, when person not in sympathy witli party, § 24 24
when wron^ party inadvertently designated, § 14-a 13
declaration, what to contain, § 14 12
election law, certain articles applicable to method of , § 2 2
enrollment books, to be public records, § 21 21
sealing and disposition, § 13 12
failure to enroll, not to affect right to register for election, § 21.. 21
fees for transcript of, § 21 21
independent body becoming a new political party, § 15 16
enrollment blanks, description of, § 15 16
statement to be made, § 15 .... ! 16
investigation of, i 25 20
judicial review in case of death, false entry, removal, etc., § 23 22
certification of correction by custodian of primary records, § 23. 22
correction when person not in sympathy with party, § 24 24
entry corrected after, § 23 22
entry stricken out after, § 23 22
new political party, § 15 16
manner of, § 15 16
party afHliation, when not to l)e changed, § 19 18
primary election, voter not to cast ballot of party he is not en-
rolled with, § 80 54
process of, § 10 10
publication of, when new party formed, § 22 22
right of voter to enroll at primaries, § 19 18
special upon becoming of age, § 14-b 14
special enrollment after moving, 5 19-a 19
time of completion, § 14 12
transcript^ certified and delivered to chairman of party, § 16 18
to be published, § 22 22
when to be made, § 21 21
violation of provisions relative to, a misdemeanor; penalty, § 03 . 63
when voter not deemed enrolled, § 14 12
See also Custodian of Pbimart Recobds; Inspectob8; Primaries;
Registbatiox.
Enrollment blanks:
additional copy furnished to voter, § 15 16
furnished to others at fixed price, { 15 16
delivery of, where personal registration required, S 8 < ^ • > U
where personal registration not required, §9 9
deposited in enrollment box, § 10 10
320 Index.
Enrollment blanks — Continued: page.
description of, § 7 7
distributed in enrollment envelopes, § 7 7
enrollment number to correspond with number on envelope, §7 7
false or misleading statement, § 184 108
filed for one year from first Tuesday in June, § 15 16
filled out by voters who are registered but not enrolled, 8 1^^ 16
how marked, § 10 10
inspectors to fill out, § 8 8
where personal registration not required, §9 9
new political party, blanks public records, § 15 16
description of, § 15 16
emblems appearing on, § 15 1^
number of, § 7 7
number of sets given to voter, § 8 S
where personal registration not required, % 9 0
number on second set to be* entered, § 8 8
where personal registration not required, § 9 ^
party emblems, arrangement on, § 7 7
prepared and distributed by custodian of primary records, § 7. ... 7
printed matter on face of , § 7 7
public records, § 21 21
time to be kept on file, § 21 21
voter's name to be entered by inspectors, §8 S
where personal registration not required, §9 0
Enrollment books:
certified copy, to be made by custodian of primary records, S 16 . . . . 1^
to be used at unotlicial primary, § 17 IS
custodian of primary records to prepare, § 4 *»
declarations to be attached, § 12 11
delivered to inspectors, § 4 "i
to town clerks, § 4 5
description of, § 5 5
by columns, § 5 5
enrollment number entered in, $ 8 8
where personal registration not required, §9 9
entries made, by inspectors, § 10 10
for personal registration, § 8 8
when voter declines to enroll, i 10 10
where personal registration not required, § 9 'J
fees for transcript from, § 21 21
form of transcript, § 16 18
kept on file by custodian of primary records, § 88 59
new or amended books for changed districts, § 20 20
number, § 4 S
paid for, S 73 46
party designated by voter on enrollment blank entered in, { 14.. . M
poll-books compared with, | 78 49
Il7DEX. 321
tBrMlmwit books — dmtinued: pagi.
pablic recordB, f 21 ^1
registration, how cared for after, § 12 }1
how cared for during, | 12 XI
Maling and diaposition of, | 12 11
where personal registration not required, fi 13 12
time of delivery, I 4 5
of preparation, { 4 5
transcript, certain entries to be omitted, {22 22
manner of publishing, | 22 22
not to be made from, { 12 11
where personal registration not required, | 13 12
when, to be published, § 22 22
use of original at official primary, f 18 IS
when to take effect, | 18 18
BsiollmeBt boxes:
custodian of primary records to have custody of, i 11 10
to open, { 14 12
delivered to custodian of primary records, I 14 12
description of, | 6 5
examined and sealed by inspectors, f 11 10
number of, i 6 ; 5
opened by custodian of primary records, | 11 10
provided by custodian of primary records, 16 5
time of delivery to custodian of primary records, {14 12
of opening, § 14 12
Enrollment envelopes:
custodian of primary records to open, { 14 IS
description of, | 7 7
enrollment blanks to be distributed in, § 7 7
enrollment number to correspond with number on blank, {7 7
inspectors to make entries on, { 8 8
where personal registration not required, { 9 0
number of, § 7 7
number of sets given to voter, $ 8 8
where personal registration not required, $9 9
prepared and distributed by custodian of primary records, S 7 . . . . 7
' printed matter on, | 7 ; 7
time of opening, S 14 12
when to be removed from the enrollment box, | 14 12
See also Enboixment Blanks.
Enrollment lists:
correction of ; affidavit, form of, { 14-a 13
filed with custodian of primary records, | 14-a 13
error in designating affiliation, § I4'a 13
filed wHh custodian of primary records, { l4-a« 13
production of old lists, § .14-a 13
11
322 Index.
Enrollment numbers: page.
corresponding on blanks and envelopes, § 7 7
entered in enrollment and registration books, § 8 8
where personal registration not required, §9 9
Erie county:
board of canvassers, organization of, § 430 220
determinations, how made, § 438 227
transmission of, § 439 228
election records, filing of, § 380 201
See also Boabds or Elections; County Clebks.
Examination:
qualifications of election officers, § 305 144
, See also Challenges.
Expense:
apportionment of, § 318 151
when voting machines are used, § 318 151
Fall primary:
record in enrollment book, § 5 • 5
seventh Tuesday before election day, § 3, subd. 4 2
See also Election Dat; Pbihabibs.
Fees:
election officers and others, § 310 152
transcript from enrollment, § 21 21
Felony:
absent voters, false information relative to, § 501 249
aid to state superintendent or deputies, hindering or delaying,
8 470 238
' application for registration altered, mutilated or destroyed, § 184 . 108
ballot, wilful defacement of, § 371 197
list of residents of hotels and lodging-houses, false statement as to,
§ 484 B42
mutilation of public copy of registration, § 184 lOS
of signed challenge affidavits, | 184 108
person convicted of, when prohibited from voting, § 175 102
state superintendent or deputies, false statement to, { 478 239
refusal to assist, § 476 238
unlawful use of pasters, S 137 79
voting machines, interference with, § 417 217
Fines:
See Penalties.
Fire department:
reports to state superintendent of elections, $ 483 242
Flag:
American, displayed in each polling place, S 300-a 140
Index. 323
Forms: page.
challeiige, § 72 45
designation of candidates by petition for election to party position,
f 48 30
for party nomination, § 48 30
inspectors, blanks for, { 334 Iii3
for primary elections, | 70 52
Fraud:
new primary or oonTention ordered because of, | 56 38
Fraudulent or forged names:
See Certificates or Nomination.
Furniture:
polling places, expense of providing, { 318 151
General committee:
statement of conventions certified and delivered to custodian of
primary records by chairman of, S 75 48
See also Committees.
General election:
records and appliances, custody of, § 206 118
Tuesday succeeding first Monday in November, § 3, subd. 1 2
See also Election Day; Elections.
German language:
daily newspaper for publication of registration and polling places,
§ 301 140
Governor:
party vote for, I 3, subd. 8 3
proclamation of special election made by, § 202 130
soldiers and sailors' elections, documents forwarded to, § 511.... 257
state superintendent of elections to report to, § 488 247
statements of canvass sent to, | 439 228
Gsard-rail:
ballot boxes kept within, { 83 55
candidate may be within during canvass, §83 55
expense of providing, % 318 151
at primary elections, S 70 52
persons admitted within, § 35 1 1 77
at primary elections, J 83 55
polling places arranged within, § 317 151
provided for polling places, § 300 140
at primary elections, { 70 52
state superintendent of elections and deputies admitted within,
i 479 -239
voted ballots kept within, 9 83 55
voting machine located within, § 400 212
Hsalth department:
reports to state superintendent of elections. S 483 242
324 Index.
Holiday: page.
registration day not to be deemed, § 166 96
Hotels:
affidavit, when liquor licenses are held, § 481 240
lists of residents to be furnished, | 484 242
register to be kept by, § 480 239
reports to state superintendent of elections, § 480 239
Identification statements:
questions, § 155 81
See also Registration.
Illiteracy:
See VoTEBS.
Independent body:
defined, § 3, subd. 14 3
enrollment for new political party, {15 16
time for making such enrollment, { 15 16
independent candidate or nominee selected by, § 3, subd. 18 4
polling less than 10,000 votes at last election for governor, | 3,
subd. 14 3
See also Petition.
Independent candidate:
term defined, § 3, subd. 18 4
See also Candidates.
Independent nomination:
certificate of, § 122 6')
time of filing, § 128 73
county officers, number of signatures required on certificate, § 122. 6j
declination of, time of filing, § 133 76
defined, § 3, subd. 16 4
how made, § 122 6o
borough or county ofiice, number of signatures required en certifi-
cate, § 122 65
number of voters required for, S 122 65
per cent of votes necessary for, S 122 6.'
state offices, number of signatures required on certificate, § 122 . . 6o
term defined, § 3, subd. 16 4
See also Nomination; Petition.
Independent nominee:
term defined, $ 3, subd. 18 4
See also Candidates; Nomination.
Inspectors:
appointment of, in towns, § 311 1^6
ballot boxes examined by, § 84 * 56
ballots and stationery, distribution of, § 343. 173
public inspection of, § 342 173
blank forms for, § 334 163
Index. ' 325
lupecton — Continued: ^aoe.
blank tally sheets and statements of result furnished by custodian
of primary records, | 79 >-) 52
boards, determination of majority to decide, f 314 149
meetings to be public, { 315 150
organization of, S 314 149
canvass, soldiers and sailors' vote, { 514 260
when voting machines are used, S 413 213
card lists of registered voters to be made, S 485 244
certificate to appear on statement of result sheet, {79 52
certificates of service, chairman of board to furnish, § 309 146
certification of register, ft 176 102
challenge affidavits, declaration as to, § 168 97
disposition of, | 172 101
challenges, duty in relation to, $ 361 187
entry requiring, to be made, §,173 101
changed election districts, appointment for, § 297 136
compensation of, S 319 152
custody and filing of registers in cities of the first class, 8 178 ... . 104
declaration as to registration, { 12 11
duplicate declarations attached to original enrollment books, S 12. . 11
duty to challenge doubtful persons, § 361 ' ' 187
enrollment blanks to be filled out by, | 8 8
where personal registration not required, §9 9
enrollment books and records, care of, § 12 ^ 11
enrollment books, duplicate declarations attached to, | 13 12
entries in, made by, { 10 10
transcript not to be made by, $ 13 12
when to be delivered to, | 4 5
enrollment boxes, examined and sealed by, $ 11 10
delivered to custodian of primary records, {14 12
enrollment envelopes to be filled out by, { 8 8
where personal registration not required, {0 0
enrollment number entered by, {8 8
where personal registration not required, {9 9
general duties, { 353 178
instructions for guidance of 279
judicial proceedings because of action or neglect of, { 56 38
manner of voting, { 359 186
meetings for registration held by, { 150 81
method of counting ballots, § 368 193
name and address of voter registering personally entered by, { 6 . . 8
where personal registration not required, { 9 < 9
names placed on register by, { 159 93
number and qualifications of, { 302 142
original enrollment books delivered to, for official primary elections,
{18 18
326 Index.
Inspectors — Continued : page.
original statement of canvass to be made and signed by, § 373 ... . 198
certified copies of, § 373 193
papers and records relating to election, delivery and filing of, § 377 . . 200
pasters delivered to, J 137... 79
received and receipted for by, § 52 35
polls, arrangement of, § 350 .• 176
equipment of, § 300 1 40
preliminary oath when challenging, § 362 188
preservation of order by, § 315 150
previous registers and poll-books delivered to, § 183 107
procedure, when second enrollment blank given to voter, § 8 ... . 8
where personal registration not required, §0 9
public canvass by, § 366 191
receipts to be given by, § 343 173
record of persons challenged, § 364: 190
register, custody of, § 177 103
registration, duties at close of each day, § 12 11
outside of cities ani villages of 5,000 inhabitants, § 150 93
return sheets, expense of providing, § 318 151
statement of pasters used by, {52 35
statements of canvass delivered to police, § 372 198
delivered to, to be sealed, § 376 200
transcript not to be made from enrollment books, § 12 11
unofficial ballots, wlien -to be used, § 345 1 74
vacancies, filled at soldiers and sailors' elections, § 519 262
vacancies and absences, how supplied, § 313 148
voting machines, counters examined by, § 407 210
instructions concerning, § 401 209
See also Canvass; Challenges; Election Distwcts; Election
Officers; Primabies; Primary Inspectors; Registration;
Soldiers ano Sailors' Elections; Voting Machines.
Isstitatioii:
residence of person in, | 163 95
Instruction cards:
expense of providing, § 318 151
supplied for each polling place, $ 333 162
See also Stationery; Supplies.
Instructions for election officers:
general powers and duties 279
Instructions to voters:
printed on stub of official primary ballot, | 58. 39
special for year 1914, § 182-a 106
Intent of voters:
at primary elections, | 86 5S
Irregular ballots:
See Ballots; Voting Machines.
Index. 327
Jewish langvAge: page.
daily newspaper- for publication of registration and polling places,
f 301 140
Judicial review:
action of custodian of primary records or secretary of state, § 56 . , 38
action or neglect of certain officers, {56 38
method of procedure, § 56 38
new convention ordered by, i 5^ 38
new primary ordered by, § 66 , 38
secretary of state certifies to change caused by, § 56 38
time of, fi 66 38
See also Coubts.
Jury duty:
election officers exempt from, | 309 146
Kings county:
See Boards of Elections; Kew Yobk Citt.
Landlords:
lists of residents to be furnished by, S 484 242
reports by, { 480 239
filing of, i 482 241
Lien:
penalty for failure to furnish correct list of residents, § 484 ....t. 242
Liquor:
not to be sold at places of registry and voting, S 299 ^ 138
Liquor lieenses:
hotel keepers holding, affidavits fnrnished by, § 481 240
Liquor traffic:
chief of police and headp of departments, reports by, § 483 242
forfeiture of license, { 481 240
See also Hotels; liANDLoans.
Lists:
candidates, sent to and posted by town ciprks and aldermen, {(131 . 75
registry, preparation and distribution of, S 157 90
Lodging-houses:
lists of residents to be furnished, $484 242
register to be kept by, i 480 239
reports to state superintendent of elections, § 480 239
See also Hotels; Landlobds.
Manliattaa:
iSee New Yobk City.
Maps:
boundaries of election districts, §298 137
posting of, i 298 137
Marked haUots:
See Balumts.
Meetings for registration:
See Rsoistkation.
328 Index.
Militia: page.
See Soldiers and Sailors' Elections.
MiBdemeanor:
affidavit of hotel keeper when liquor license is held, failure to make,
{481 240
conventions, violation of provisions relative to, { 93 63
designation of candidates, violation of provisions relative to, f 93 . 63
enrollment, violation of provisions relative to, § 93 63
false certificate, making of, § 309 146
false or misleading statement on enrollment blanks, ( 184 108
information, neglect or refusal to furnish, § 475 237
list of residents of hotels and lodging-houses, failure to furnish,
I 484 242
party organization, violation of provisions relative to, { 93 63
primary elections, violations of provisions relative to conduct of, § 93 63
reports as to inmates by keepers of lodging-houses and hotels, viola-
tion of provisions, f 480 239
subpoenas issued by state superintendent of elections, refusal to
obey, I 477 238
Monroe county:
appointment, removal and examination of inspectors of election, poll
clerks and ballot clerks, § 212 122
appointment, qualifications and removal of commissioner, $211 121
apportionment of expenses, S 219 126
commissioner of elections for Monroe county, $210 121
custody of records, $ 214 124
employees, $ 215 124
notices, $ 216 '. 124
, liling papers; general powers and duties of commissioner, $ 217 124
office for commissioner, $ 213 124
polling places, election districts, et cetera, $ 221 126
publication of notices, $ 220 126
purchase of supplies, including voting machines; expenses of com-
missioner, S 218 125
voting machines, $ 222 127
Names:
added and erased on register, $ 153 83
conflict in emblems or, $ 125 70
See also Emblems; Party Names.
National conventions:
delegates chosen in manner prescribed by rulea and regulations, $ 53. 36
See also Conventions; Delegates.
Naturalisation:
papers to be produced, { 174 101
Navy:
See Soldiers and Sailors' Elections.
• •
Index. 829
Hew York city: page.
ballots and stationery, how supplied, | 341 171
board of elections established, § 190 109
appointment and qualifications of, | 101 Ill
certified copy of statement of county canvassers delivered to,
i 439 228
expenses incurred by, | 318 151
how paid, i 200 116
general office and branches, | 108 115
statements and determinations filed with, f 440 229
canvassers, board of, organization and duties of, I 440 . .. ; 229
statements and determinations by, f 440 229
certificates of nomination fil«d with boards of elections of city and
county, § 127 72
commissioners of elections, | • 101 Ill
recommendations for appointment of, | 194 113
county boards of canvassers, organisation of, | 430 - 220
custody of registers after election, f 180 104
election districts, creation, division and alteration of, f 200 \ 134
election expense chargeable to, § 318 \ j t 151
election officers, board of elections to appoint, f 303 143
compensation of, § 319 ■ 152
party lists to be authenticated, § 304 143
party selection of, | 306 144
filing of election records in, | 378 201
newspapers, what to contain, S 301 140
selection of, { 301 140
places for registry and voting, designation of, { 299 ' 138
registers and unused ballots, disposition of, | 201 //' 117
registration and polling places, publication of list, { 301 140
vacancies in board of elections, how filled, { 195 114
voting machines, adoption of, | 393 205
See also Boards of Elbctioxs; Custodian of. Primabt Records ^^
Rkgistration ; State SupEBunxNDBNT op Elections.
Hew York county:
certificates of nomination filed with board of elections, { 127 . ...» , 72
statement of canvass, when not to include certain offices, § 437,
subd. 3 . 225
^$ee also BOiABDS OV EUBCmovB; COUNTIES.
Hewsptpert:
designated by secretary of state to publish official notices, { 295. ... 133
evening edition, when lists to be published, S 301 140
New York city, publication of lists, 5 301 140
nominations, designated to publish list of, f 130 74
printed in foreign language, f 301 140
V
336 IXDEX.
Newspapers — Continued: page.
registration and polling places, publication of lists and boundaries
of, § 301 140
selection of, how made, § 301 140
support of candidates by, § 301 140
See also City Record; CowcuBBEin' Resolutioits^ CoNSTmniONAL
Amendments; Notices; Publication; Registration.
Nomination:
certificate to fill vacancy in, how filed, § 135 78
what to contain, § 135 ; . . . . 78
certification of, by secretary of state, | 120 73
county clerks or boards to file lists with secretary of state, | 506 . 253
declination, S 133 76
notices sent, § 133 76
when to be filed with secretary of state, f 133 76
election law, certain articles applicable to, § 2 2
independent, certificates of nomination, how made, § 123 65
per cent of votes necessary for, { 122 65
term defined, § 3, subd. 9 3
lists, expense of printing, § 318 151
new, time and manner of filing,. § 136 78
New York city, how published, I 130 74
party, emblems, selection of, § 124 69
term defined, § 3, subd. 9 3
party funds restricted in use for primary purposes, { 562 271
publication of, § 130 74
in certain newspapers, § 130 ••-.•, 74
. . jtime of, § 130 74
what to contain, § 130 74
town, posting of, S 132 76
vacancies in, how caused, f 135 78
how filled, S 135 78
village, posting of, § 132 76
See also Candidates; Certificates or Nomination; Comiottees;
Conventions; Emblems; Independent Nomination; Pabtt
Nomination.
Notices:
election, published by custodian of primary records, § 293 131
transmitted to custodian of primary records by secretary of
state, I 293 131
proposed constitutional amendment, submission of, § 294 131
- propositions submitted, bow transmitted, f 294 131
published or posted by custodian of primary Teoords» | 205 118
questions submitted, how transmitted, | 294. • 131
See also Committees; Pbimabies; Secbetabt or State.
Index. 381
Oath: . . . PAGE.
additional, when challenging^ § 363 , . 189
administered pursuant to primary law, § 04 63
ballot clerk, % 312 148
chairman of county board of canvassers, § 430 220
election- officers, § 307 145
failure to take and subscribe, penalty for, § 310 146
false, before board of inspectors, | 184 108
general, when challenging, § 363 1 89
illiterate and disabled voters, | 164 95
official envelopes for war ballots to contain oath of elector, S 504 . 252
party certificates of nomination to contain certificate of administra-
tion of, § 121 r>4
poll-books for absent voters to contain, $.502 250
poll clerk, $ 312 148
preliminary, when challenging, | 362 188
state superintendent of elections and deputies authorized to ad-
minister, 9 478 239
taken by primary election officers, § 70, subd. 2 45
See also Challbnoes; Elgction Officers; PRtMABiES.
Ohjections:
See Cebtificates of Nomination.
Officers:
compensation, § 318 151
See also Ei^cnoN Officebs.
Official iMillots:
See Ballots; PnifABr BALLOxa.
Official primary:
term defined, S 3, subd. 2 2
See also Primabies.
Official primary ballots:
See Primary Ballots.
Official primary elections:
See Primaries.
Onondaga county:
See Boards of Elbctior s.
Order:
preservation of, by inspectors, | 315 150
Orgamxation:
See Party.
Organization of conventiozu:
See Contentions.
Party:
announeed at primary eleetions, § 80 *^4
color of official primary ballot, designated by secretary of state,
I 58 39
aeparsto for OMh party, f 58 Js.t.'. 39
332 IxDEx.
Party — Contimied: paob.
committee defined, § 3, subd. 13 3
convention defined, § 3, subd. 13 3
custodian of primary records to prepare ballots, f 79 52
election officers^ selection of, { 306 144
enrollment, correction of error in affiliation, $ 14-a 13
t^ntered in enrollment book, 8 14 12
funds not to be used for primary purposes, § 562 271
new, existing committees continued, | 55 37
manner of enrollment for, § 15 19
publication of enrollment of, S 22 22
organization casting at least 10,000 votes for governor, f 3, subd. 8. 3
poll-book for each, for primary election, | 78 49
polling places assigned to, by custodian of primary records, { 74. . . 46
party candidate or nominee selected by, § 3, subd. 17 4
person not in sympathy with, correction of enrollment, {24 24
presidential electors nominated by state committee, § 54 37
rules and regulations to govern election of delegates to national
convention, § 53 36
violation of provisions relative to organization a misdemeanor;
penalty, S 93 63
See also Ballots; Ck>MiaTTEBS; Contentions; Nomination.
Party candidate:
term defined, S 3, subd. 17 4
See also Candidates.
Party committees:
additional, provided for by party rules and regulations, S 35 26
,,, to fill vacancies appointed by, | 52 35
election of members may be reviewed by summary proceedings be-
fore supreme court, S 41 29
election law, certain articles applicable to method of electing mem-
bers, I 2 2
to organization and conduct of , { 2 2
file certificates of oflScers with secretary of state and board of
elections within three days after organizing, $ 40 2S
jiidicial proceedings, because of action or neglect of , | 66 38
manner of filing designations by, t 49, subd. 2 33
necessary subcommittees appointed by, | 39 28
organize and elect officers within ten days after election, ( 40 . . . . 28
powers of present, | 55 37
removal of member, fi 42 29
may be reTiewed in a summary proceeding b^fdre supreme
[ court, § 41 29
rules for government of party and conduct of official primaries to
lie prepared by, | 40 29
state, $ 36 26
subcommittees and executive and campaign conimittees, ( 39. . . . 28
Index. 333*
Party committees — Continiied:, pagk^:
time of filing designation by petition, { 40, Bubd. 2 93
See also Candidates ; Cohmittees.
Party co&Yeiitions:
election law, certain articles applicable to election of delegates and *
altematee, { 2 8
to organization and conduct of, i 2 "8
See also Conve^ttonb.
Party emblems:
See Emblems.
Party funds:
used for certain primary puri)08es only, | 662 2fl
Party gOTermnent:
rules and regulations, filed with custodian of primary records, $ 40. 28
how amended, 8 40 28
Party lists:
authentication of, | 304 143
Party nominee:
term defined, S 3, subd. 17 4
Party organisation:
article 3 2^
Party position:
designated by petition, $ 46 30
certificate of election to, delivered to candidate by custodian of
primary records, § 89 60
designation for, yiolation of provisions relative to, a misdemeanor;
penalty, | 93 63
election to, canvass by custodian of primary records, § 89 60
canvass by secretary of state, § 89 ' oO
form for designation of candidates by petition, f 48 30
membership in party committee, | 3, subd. 12 ' ' ^
nominations and elections for, made at primary elections; excep-
tions, f 45 3p
number of candidates desigpiated by petition by enrolled voters,
i 48 30
number of enrolled voters to sign petition, (48 30
Party ticket:
name of person declining designation not to be printed on, f 50 . . . . 34
See also Ballots; Candidates.
Pasters:
affixed to ballot, | 52 , 35
certified to, | 52. 35
by officer or board furnishing, f 137 79
custodian of primary records, when furnished by, i 52 35
description of, | 137 79
primary elections, i 52 ^ . . . . , «... J35
334 Index.
Pasters — Continueu . PAeR
number, § 137 \ 79
for primary elections, § 52 35
receipted for by inspectors of elections, § 62 35
used, at soldiers and sailors' elections, § 510 256
in case of death of candidate, { 137 79
other than official, a felony, § 137 79
Payments to political committees:
See Campaign Contributions.
Penal law:
application of, § 417 217
soldiers and sailors' elections^ provisions to apply to, § 518 262
Penalties:
application for registration altered, destroyed or mutilated, § 184.. 108
election officer, failure to take oath, § 310 14(»
failure to deliver register and other documents, { 310 146
false or misleading enrollment blank, § 184 1 OS
felony, mutilation of public copy of registration deemed, § 184.. ». 108
mutilation of signed challenge affidavit, § 184 108
:, perjury, when applicant for registration deemed guilty of, § 184 108
violation of provisions of certain articles, § 93 63
See also Felony; Misdemeanob; Pebjitbt.
Perjury:
false oath before board of inspectors, § 184 108
See also Oath; Penalties.
Personal expenses:
term defined, | 642 265
r> See also Campaign Expenses.
jpetition:
; bound together for same candidate and same office, § 48 30
^,. for party nomination to be made at primaries designated by,
§ 45 30
number of voters required for, § 48 30
I . designation of candidates, for election to party position, made for
one or more officers, § 48 30
for party nomination, made for one or more officers, § 48 ... . 30
for party nomination or election to party position, how signed,
§ 48 30
form for designation for election to a party position, | 48 30
for party nomination, § 48 30
judicial proceedings by, § 56 38
nomina/tion by independent bodies, § 3, snbd. 14 3
number of candidates deerignated by petition for party nominatioQ
and election to party position by enrolled voters, §48 30
review of election of member of party committee, §41 29
time for filing designations by, $ 49, snbd. 2 33
See also Inpepenpbnt NoKOfAxioN; Nomination.
>(.t
Index. 335
Placards: page.
description and loeation of, § 70 52
not allowed in or near polling place, § 84 56
PUce of primaries:
restrictions as to, { 76 48
See also Pbimahtes.
Places for registration:
list published in evening newspapers, f 301 140
See also Newspapers; Polling Places; Reoisteation.
eballenge afi^davits investigated by, S 170 101
duty to aid board of elections, I 199 105
false registration investigated, | 157 90
registers, filing of, | 178 104
state superintendent of elections to receive reports from, $ 483.. .. 242
statement of canvass to be delivered to, $ 372 198
when deemed public officers^ ( 476 238
Politkal banners: .
not allowed in or near polling place» | 84 56
Political committees:
blank forma for statements provided by secretary of state, | 649 . . 267
campaign contributions not made through, statement of, | 541 ... . 264
campaign receipts and payments, statement to be made, | 646 266
default in filing statement, appeals, | 556 269
contempt proceedings, i 550 267
maintained by whom, { 551 268
preference over other causes, | 565 269
subpoenas^ | 657 26^
summary, proceedings to be, | 554 269
time within which proceedings muat be brought, i 553 268
undertaking for costs, $ 552 268
witnesses, personal privilege of, i 558 270
term defined, I 540 264
treasurer, powers and duties of, f 543 265
treasurer or candidate, accounting to, { 544 266
8ee also Commtttees; Cobrittt Pbactioes; Coubtb; Statb)cex?tb.
Political cMivention:
judieial proceedings, because of action or neglect of , | 56 • 38
See also Convsntionb; Codvts.
Political parties:
eleetidB oAeers dlTided between, | 302 142
new, manner of enrollment of, | 16 16
voting marines, representatives to examine, | 400 207
requirements of, % 892 204
See also Ehbollmeivt ; Pabtt; Pbhcabibs.
836 Index.
Poll-books: PAOE.
absent voters, secretary of state to prepare for, S 502. .* 251
boards of elections, filed with, f 204 117
compared with enrollment book, { 78 49
delivered to inspectors, § 183 107
description, { 78 49
entries, how made, § 78 49
if ballot returned, § 78 49
if voter assisted, § 78 49
if voter challenged, § 78 49
number on stub of ballot, § 78 49
expense of providing, § 318 151
filing and delivery of, § 377 200
form of, S 365... 179
paid for by whom, § 79 52
poll clerk to have, § 78 52
provided by whom, § 79 52
registers compared with, $ 367 192
supplied to each polling place, § 333 162
See also Soldiers and Sailobs' Elections; Stationebt; Supplies.
Poll clerks:
appointed in towns, § 312 148
compensation of, | 319 152
general duties of, § 355 179
method of counting ballots, g 369 195
names of persons serving as, to be furniahed, § 309 146
number and qualifications of, ( 302 142
vacancies and absences, how supplied, S 313 148
See also Election Officers; Pbimabt Poll Clerks.
Polling places:
American fiag to be displayed, § 300-a 140
attendance and duties at, § 479 239
designated and provided by certain officers, § 74 46
provided by whom, § 79 52
electioneering not allowed in or near, § 84 56
equipment of, § 300 140
evening newspapers publish list of, { 301 140
expenses of providing, § 318 151
guard-rails within, { 317 151
instruction cards, expense of providing, § 318 151
newspapers selected to publish list of, § 301 140
number, in primary district, § 74 , , 46
for unofficial primary election, § 92 62
official ballots, number to be supplied for, S 340 171
paid for, by whom, § 79 52
political banners, posters and placards not allowed in or near, §84. 56
Index. 337
PoHing places — Continued: PAGk.
publication of list, § 901 140
same as for precediiig general election whenever possible, i 74 . . . . 46
stationery and supplies for, | 333 162
voting booths in, § 317 151
voting machines transferred to, { 400 207
See also Ballot Boxbs; Ballots; Elbchons; Voting Maghinbb.
Polls:
ballot clerks, general duties of, S 354 179
ballots del ivered to voters, | 356 182
challengers, number of, | 352 177
electioneering not permitted at or near, f 352 177
furniture for, expense of providing, S 318 151
guard-rail, when voting machines are used, f 409 212
inspectors, general duties of, § 353 « 178
opening, | 350 176
opening and closing, time of, | 291 129
political banner, poster or placard not allowed ip, { 352 177
poll clerks, general duties of, § 355 179
proclamation of opening of, | 360 176
soldiers and sailors' elections, opening of, f 508 254
organization of, | 509 255
where to be opened, $ 507 264
state superintendent of elections, attendance at, S 479 289
voting machines, location of, { 409 212
preparation of, % 407 210
watchers, how appointed, S 362 177
See also Canvass; Elections; Voting Machines.
Posters:
not allowed in or near polling place, | 84 66
President of United States:
electors for, how chosen, { 54 37
See also Pbesidential Electobs.
Presidential electors:
ballot for, on voting machines, | 392 204
certified to secretary of state, I 54 37
oompensation of, | 457 235
elected at large, | 54 37
electoral college, meeting and organization of, § 452 234
generally, ft 451-457 233-285
how and when chosen, { 451 233
irregular ballot for, how cast on voting machine, S 408 211
lists, how forwarded, | 456 235
messenger, appointment of, } 455 234
nominated by state ccnnmittee, f 54 *. 87
one for each congressional district, § 54 87
two at large, §54 87
338 Index.
Presidential electors — Conitnued: paqb.
secretary of state to furnish lists of, | 453 234
statement of county canvassers, { 437 225
vote of, how cast, § 454' 234
See also Electoral College.
Primaiies:
ballots not supplied or supply exhausted; unofficial, $81 55
campaign payments not made through political committee, $ 541 . . 264
certificate of designation, time for transmitting, § 51 35
challengers, § 84 56
conduct of, violation of provisions relative to, a misdemeanor;
penalty, § 93 63
committees elected at, § 37 27
deputy superintendent of elections, attendance restricted, { 480 .... 247
election to party committee, § 3, subd. 2 2
electioneering at, § 84 56
enrollment when new party formed, § 15 16
expenses of, by whom paid, $ 73 46
how raised when amount not provided, § 73 46
to be included in tax, 5 73 46
fall, time of holding, § 3, subd. 4 2
new, ordered by judicial review, § 56 38
nomination of party candidates, { 3, subd. 2 2
notice of, matter contained in, § 75 48
prepared and published by custodian of primary records, $75. 48
time of publishing, { 75 48
where published, { 75 48
official, challenges at, $ 72 45
primary ballots provided for» S 58 39
term defined, § 3, subd*. 2 2
use of original enrollment books at, | 18 18
party funds not to be used for purposes of, $ 562 271
party nomination for candidates for public office, to be made by,
I 45 36
personal expenses defined, $ 542 265
place of, restrictions as to, S 76* 48
political committee defined, f 540 264
powers of state super intendment of d'ections extended to, { 480 247
quofiilcations of voters at, § 71 45
cecord in enrollment book, $ 5 6
records and appliances, custody of, 9 206 118
restrictions as to place of, S 76 48
right to enroll and vote, f I'flf 18
spring, time of holding, $' 3, siiBd. 5 2
time for holding, { 70, subd. 5" 45
in presidential year, { 70, subd. 5 45
open for voting, $ 70, subd. 3 45
Index. 839
Pzimaries — Continued: paqe.
unofficial, certified copy of enrollment book to be used at, § iV ... 18
chairman, administers oath, $ 92 62
decides questions, § 92 62
rejects votes, § 92 62
expenses, how to be paid, § 92 62
notice calling attention to, posted, § 92 \,. 62
how given, S 92 ' . 62
number of polling places, § 92 62
officers of, § 92 62
place to be held, § 92. .'..;; 62
restrictions as to place of holding, | 92 62
rules and regulations of party to govern, § 92 ;. 62
secretary and tellers to examine ballot boxes, § 92 '. . !'.' 62
secretary to announce vote and result of canvass, § 92 *! !'. 02
term defined, f 3, subd. 2 2
voter must be enrolled, to take part in, § 17 18
watchers appointed for, § 92 ' '.'".'.' 62
unofficial ballots, when to be used, ft 81 55
voter not to cast ballot of party he is not enrolled with, § 80 ..... . 54
watchers, § 84 , . . ' 56
See also CaNDIDATICS; COMMITTEEfi; CUSTODIAIV OF PbIMABT Ri^-
OBDS; Election Qfkicbbs; Registbation. ''
Primary ballots: ''
additional, how obtained, § 82 ' . . 55
announcement of party name, § 80 54
canvass made by primary inspectors, § 85 56
certificate of party nomination entitles candidate to place on, § 89 . . 60
color, separate for each party, § 58 .......'.' 39
designated by secretary of state, § 58 39
columns, arrangement of, § 58 39
delivery, § 80 5t
voter to have ballot of party enrolled with, § 80 '.' 54
description, § 58 .'.' 39
destroyed, when to be, § 88 59
emblem, arrangement on, f 58 39
entry in poll-book, at delivery of, { 78 .1'.' 49
erasure or mark other than cross mark, | 58 .'.' 39
folding, § 80 54
found in wrong ballot box, not to be rejected, $85 56
inspectors to determine validity of ballots and conformity to laW,
I 85 56
instructions relative to, § 58 39
for straight ticket, § 82 55
with pencil having black lead, § 82 55
wunt of candidate not to appear more than once, {58 39
of person declining designation not to be printed on, § 50 ... . 34
340 Index.
Primary iMillots — Continued: paqk.-
iianips, worde, signs or writing, not to appear, except, {68 39
no other to be used, except, | 58 39
number compared with that in enrollment book, § 85 56
on stub compared with that in poll-book, {78 49
numbers to be consecutive, { 58 39
pasters affixed to, { 52 35
preparation of, by voter, § 82 55
prepared, printed, supplied for official primary elections, § 58 39
protested as marked for identification, {85 56
vote to be counted, { 86 56
protested and void, how filed, { 85 56
statement filed, { 85 56
quantity, weight and style of printing, {58 39
rules for marking, { 58 39
separated from stub by perforation, {58 39
stub, description of, { 58 39
indorsement on back of, { 58 39
supply exhausted, unofficial ballots provided, {81 55
not provided, use of unofficial, {81 55
titles of offices and party positions, location of, { 58 39
name of candidate, how printed, § 58 39
unlawful defacement or wrongful marking of, { 82 .55
void, no vote counted on, {58 39
reason for rejection written on back, {85 56
void and protested, how filed, { 85 56
voted ballots kept within guard-rail, { 83 55
voting, manner of, { 80 54
voting spaces, wliere to appear, { 58 39
unofficial, form of, { 81 55
when to be used, { 81 55
8ee also Baltx)ts; Custodian of Primary Records; Inspectors;
VoTiNo Machines.
Primary days:
fall, seventh Tuesday before election, { 3, subd. 4 2
official primary to be held on, { 3, subd. 3 2
spring, first Tuesday in April in presidential year, { 3, subd. 6 . . 2
Primary districts:
board of primary election officets for certain, {74 46
description, { 74 46
election officials to be officers for, { 70, subd. 1 45
number of election districts in, { 74 46
time of division into, { 74 . . : : 46
two polling places in each, { 74 46
voting machines, appointment of ballot clerks, how made, { 74 . . . 46
ward or assembly districts in city or village of 5,000 divided into,
•{ 74 46
Indez. 841
Primary election inapectors:
See Inspectors ; Pbixabt Inspeciobs. '
Primary inapectora:
appoint ballot clerks for certain districts, (74 46
ballots, protested by, | 85 56
marked as protested, § 85 56
▼Old, marked by, | 85 56
when destroyed, | 85 56
canvass made by, $ 85 56
public oral proclamation of result made by, { 87 58
written statement in duplicate on statement of result sheet,
I 87 58
ohainnan of board to unfold ballots, | 86 56
qualifications of voters decided by, t 71 45
questions of validity of ballots and conformity to law decided by,
I 85 56
statement of result of canvass filed with custodian of primary
records and clerk of city, town or village, | 87 58
8ee also Ballots; Inspectors; Primaries.
Primary officers:
•
constitutional oath of office taken by, S 70, subd. 2 45
duties of, S 70, subd. 4 '. 45
election officials to be, S 70, subd. 1 45
paid as for general elections, | 73 46
as for services on registration day, | 70, subd. 4 45
removal of, how made, { 77 48
vacancies, how filled, § 77 48
See also Election Officers.
Primary poll clerka:
compare number on stub of ballot with that in poll-book, $ 78 ... . 49
compare poll-books with enrollment books, § 78 49
entries made in poll-book by, | 78 49
if ballot returned, | 78 49
if voter assisted, S 78 49
of number on stub of ballot, {78 49
when voter challenged, { 78 49
poll-book for list of enrolled voters, § 78 49
See also Election Officers; Poll Clerks.
Piintins:
constitutional amendments and other propositions^ ^ 294 131
expense of, how apportioned, { 318 w 151
See also Newspapers; Secretary of State.
Prison:
raaidenoe of person in^ | 163 •....< 05
ProcUnuitiiiB:
special election, made by the governor, i 202 » 130
^4t2 Ikdex.
Proposed constitutional amendments: faoz.
8ee Concurrent Resolutions; Constitutional Amendments.
Propositions submitted:
form of ballot for, | 332. IGl
notice of, how transmitted, § 204 131
publication of, § 295 . . . • .* * 133
See also Newspapers; Printing; Secretary of State.
Protested ballots:
See Ballots; Primary Ballots.
Public institution:
residence of person in, f 163 95
Public officer:
judicial proceedings because of action or neglect of, § 56 38
See also Courts.
Publication:
secretary of state, designation of newspapers by, % 205 1.33
See also Enrollment; Newspapers; Notices; Printing; Kxgis-
tration; Secretary of State.
Queens county:
See Boards of Elections; Counties; New York City; State
Superintendent of Elections.
Questions submitted:
ballot boxes for, § 316 l.'O
ballots marked for, § 358 181
form of ballot for, § 332 161
notice of, how transmitted, § 294 131
statement of county canvassers, § 437 S'if)
term defined, S 420 : 219
war ballots for, secretary of state to supply, § 604 2.12
See also Newspapers; Secretary of State.
Receipts:
inspectors of election to give, § 343 17:^
Recount:
when voting machines are used, § 416 2tC
writ of mandamus requiring, § 381 202
See also Courts; Juzxioial Review.
Register:
absent voters, prepared by secretary of state, § 601 249
adding and erasing names, { 153 Sn
application, when made, § 1 53 Rn
arrangement of columns, % 155 g.!
card list of registered voters to be kept, § 485 24 4
certification of, § 176 1 02
certified copy for new election district, § 183 107
changes in, certifying, 5 .179... 10 1
custody and filing of, S 178 101
after election, § 180 104
Index. 343
fiegister — Continued: paos.
diBposHion of, in New York city, | 201 117
filing of, fi 877 .... 200
form of, S 155 85
lodging-honse and hotel keepers to keep, { 480 239
poIl-bo<^ compared with, { 367 192
preTions, delivered to inspectors, | 183 107
puMie copy of registration, f f 155, 177 , . 85, 103
qnadmplieate, to be made by inspectors, § 154 85
secretary of state to furnish blank books for, § 182 105
signature copy, f 155 85
Bee also Rboibtbatioit Book.
fietistration:
absent voters, secretary of state to prepare list of, § 501 249
adding and erasing names on register, | 153 83
application for, destroyed, altered or mutilated, a felony, 5 184. . . . 108
blank-books furnished by secretary of state, | 182 105
card lists of registered electors to be kept, § 485 244
certificates and instmetions furnished by secretary of state, § 182. . . 105
certification of register, | 176 1 02
certifying changes in registers, i 179 104
challenge affidavits, form of, I 168 97
to be investigated, § 170 100
to be prepared by secretary of state, f 167 96
challenging applicants, | 169 99
change of residence within election distriet, I 165 96
cities, how conducted in, | 158 92
days not to be deemed holidays, { 166 06
elsewhere than in cities and villages of 5,000 inhabitants, I UO 93
exclusion from right of suffrage, { 175 102
false, investigation of, § 157 90
form and arrangement of, | 155 85
generaUy, §§ 150-184 81-108
identification statements, I 155 85
illiterate and disabled voters, | 164 95
Inspeetors, duties at close of each day, i 12 11
ptevious registers and poll-books delivered to, § 189 107
to make entry requiring challenges, ( 173 ^ 101
list of placefl^ for, how pabUahed, | 301 14U
meetings for, § 150 81
additional, | 161 82
conduct of, S 152 82
in villages, | 150 81
number to be held, | 150 81
naturalisation papers to be produeed, | 174 101
newapapera, publication by, | 301 140
other than general elections, | 160 93
344 Index.
Hegistration — Continued: paob.
personal, enrollment of voters, | 8 8
certification and secrecy of, fi 12 11
delivery of enrollment blanks, §8 8
personal, not required, enrollment of voters, (9 9
certification and secrecy of , f 13 12
delivery of enrollment blanks, { 9 9
places for, designation of, § 299 138
publication of list, $ 301 140
statement of time used, § 309 146
public copy of, ( 177 103
mutilation deemed felony, { 184 108
. qualification of voters, § 162 9:^
registered voters, certifying number of, S 181 ^ 105
registers and instructions furnished by secretary of state, § 182 . . lOo
registry lists, preparation and distribution of, { 157 90
residence, gaining or losing, | 163 95
town elections, { 161 94
village elections, { 161 94
villages, how conducted in, { 158 92
voting booths provided for, f 6 6
watchers at meetings, | 152 82
See also Challknoes; Cttstodiaiv of Psihabt Rboobds; Einu>LL-
MENT; InSPECTOBS; REOISTEB.
Registration book:
enrollment number entered in, f 8 i ......... . 8
where personal registration not required, $ 9 * 9
See also Inspectobs; Registeb.
Registration days:
meetings, when held, § 150 81
See also Rbgistbation.
Registry lists:
form of, § 167 90|
preparation and distribution of, { 157 90
Removal: I
election officers, | 808 145
Reports:
lodging-house and hotel keepers to make, S 480 <
filing of. S 482 «
See also Boabds of Elections; State SuPEBnrrEimENT of Elec-
tions,
Residence:
change of, within election district, { 165 i
declaration of intention as to, § 480 « i
gained or lost, % 163
Index. 345
Beaiat: page.
proclamation of, { 375 199
when voting machines are used, { 413 213
Betiiin sheets:
expense of providing, | 318 151
See also Stationekt; Suppxjss,
Returns:
ballot, form of blanks for, | 337 166
filing of, § 377 200
form of blanks for, S 338 169
original statement, wha^ to contain, { 373 198
recanvass of, when voting machines are used, f 416 216
soldiers and sailors' elections, not to be rejected, f 512 258
when not to be canvassed, ( 617 261
Review:
See CouBTS; Judicial Bsview; lUccoiTirT.
Richmond county:
See Boards of EuccnoNS; Counties; New York Citt.
Roles:
intent of electors at primary elections, f 86 58
party, when and where filed, § 40 28
Snles and regulations:
filed with custodian of primary records of committee chosen by en-
rolled voters, f 40 28
govern election of delegates to national convention, {53 36
bow amended, S 40 28
in force until amended or new rules adopted, {40 28
prepared by party committees, S 40 28
Sailors:
See Soldiers and Sailors' ELScnoNS.
Sample ballots:
color and general description of, § 79 52
expense of providing, | 318 151
furnished to any voter on application, § 79 52
number to be provided, | 79 52
provided by custodians of primary records, § 70 52
provided and paid for as in case of general elections, | 79 52
stubs not to be numbered, { 79 52
See also Ballots.
School:
residence of person in, ^ 163 95
School director:
party nomination for, how made, { 45 30
Seal:
boards of elections to adopt, % 203 117
346 Index.
Secretary of state: page.
absent voters, register to be prepared by, § 501 249
blank books, certificates and infitructions for regifitration furnished
by, § 182 105
campaign statements filed and preserved by, § 548 267
canvass of statement of votes cast, § 89 60
cards for list of registered voters to be furnished by, § 485 244
of election sent by, § 443 232
of new nomination, time of filing, § 136 78
of nomination filed with, $ *127 72
time of filing with, § 128. 73
of vacancy, when filed with, § 52 35
certified statements of result of election of each party prepared by,
§ 80 '. 60
certification blanks furnished by, | 181 105
certification of nominations to board of elections by, § 129 73
time of making, § 129 73
what to contain, § 129 73
preparation of, § 167 96
change caused by judicial review certified by, § 56 38
color of ofi&cial primary ballots designated by, f 58 3vS
disposition of envelopes and ballots, { 513 259
concurrent resolutions, publication of, § 295 133
county officers, record of election filed, § 444 232
custodian of primary records, certificate of name, title of ofidce,
party and emblem transmitted to, § 51 35
declination of nomination, time of filing notification with, § 133.. 76
designations filed, stamped or indorsed by, § 49, subd. 2 34
declination, when filed with, § 50 » 34
election laws, preparation and delivery of, f 320 153
election notices transmitted, by, S 293 131
forms for statements of political committees provided by, § 540 .... 267
general election, notice transmitted to county clerks, § 293 131
special instructions to be furnished by for year 1914, § 182-a 106
judicial review, actions subject to, § 56 38
missing emblems to be supplied by, § 126 71
new nomination caused by death of candidate, notification of, § 137 79
how certified to proper officers, § 136 78
nominations, county clerks to file with, § 506 253
notifies custodian of primary records of districts affected of declina-
tion of candidates, § 50 34
official war ballots, poll-books and envelopes, delivered to whom,
f 505 253
party committees to file certificate of officers within three days after
organietng, $ 40 28
presidential electors, certified to, S 54 ' 37
list furnished by, § 453 234
IxDKx. 347
Secntaiy of Sttite — Continued: page.
proposed constitutional amendment, notice of Bubmission of, { 204 . . 131
publication of, § 295 133
propositions submitted, notice of submission, § 294 131
publication of, | 295 133
questions, notice of submission, § 294 131
registers and instructions furnished by, § 182 105
report of voting machine commissioners filed with, § 391 204
soldiers and sailors' elections, act to be published by, § 522 263
documents forwarded to, § 511 257
statement of votes cast for certain candidates filed by custodian of
primary records, { 89, subd. 1 60
time of filing with, § 89, subd. 1 60
statements of canvass, copies obtained from governor and comp-
troller, I 439 228
of county canvassers sent to, { 434 223
of political committees filed with, § 548 , 267
supplies for soldiers and sailors' elections furnished by, § 522 263
treasurer of political committee, statement relative to, § 543 265
war ballots to be supplied by, { 503 251
See also Canvassers, Cottivtt Boabd qf; Caxvassers, State
BoABO OF; Soldiers Am) Sailobs' Elections.
Senator;
special election for, § 292 130
United States, article 13 232
Sheriffs:
challenge ai&davits investigated by, § 170 100
sheriflTs and deputy sheriffs, when deemed public officers, % 476 .... 238
Soldiers and sailozs' elections:
ballot boxes, «Hstody of, § 509 255
ballots and envelopes, disposition of, § 513 259
canvass by county boards, how conducted, § 515 260
by inspectors of election, | 511 257
statement and return forwarded to county clerk, § 514.. .. 260
by state board, how conducted, § 516 261
conduct of, S 510 256
contest, elections subject to, S 520 262
election law applicable to, S 521 262
election officers, duties of, § 509 255
oath of, { 509 255
selection of, S 509 255
nominations sent by secretary of state to com^manding officers, § 50G. 253
official envelopes, delivery of, § 505 253
penal law, provisions applicable to, § 518 262
poll-books, delivered to commanding officers, § 505 253
oaths for inspectors to be contained in, § 502 250
secretary of state to prepare, § 502 250
348 Index.
Soldiers and sailors' elections — Continued: page.
polls, opening of, § 608 254
organization of, § 509
255
where to be opened, § 607 254
register of absent voters, § 501 249
returns and statements, when not to be canvassed, § 517 261
returns not to be rejected because of informality, § 612 25^
secretary of state, comparison of poll-books and envelopes by, § 513 259
to publish act relative to, § 522 263
special polls in war time, § 500 .- 249
supplies furnished by secretary of state, § 522 263
vacancies among inspectors, how filled, | 519 262
unoflScial ballots may be used, § 610 256
war ballots, delivered to commanding officers, { 606 253
official, how printed, f 503 251
official envelopes for, § 504
oyi
special elections:
certificate of nomination, time and place of filing, f 128 73
election records and appliances, custody of, § 206 11^
notice of, transmitted, § 293 13^
party nomination for, how made, {91 ^2
proclamation of, by governor, { 292 130
registration, § 160 ^'-^
time and manner of holding, § 292 '^^^
time for transmitting certificate of designation for, § 51 •^•^
vacancy in elective office, to be filled at, { 292 l*^'^
when io be held, § 292 13'^
See also Elections; Solduss and Sailobs' Elections.
Special enrollment:
See E.NBOLLMENT. .
Special penalties:
See Penalties.
Spring primary:
conduct of, § 70 ^'^
delegates to national convention elected at, § 53 ^^
presidential years, first Tuesday in April, § 3, subd. 6 *
record in enrollment book, § 5 ^
state committee elected in presidential year, { 38 ^"^
See also Conventions; Primaries.
State board of canvassers:
See Canvassers, State Board or.
State committee: .
elected in even-numbered years, § 38 ^
Index. 349
State committee — Continued: page.
members of, elected at primary election ; exceptions, § 38 28
elected at spring primary in year of presidential election, 9 38. 28
elected in presidential year, to hold office until successor elected
in second year, | 38 28
enrolled voters within units of representation, § 36 26
hold office until successor elected, § 3d 28
number of, § 36 26
organize and elect officers within ten days after election, § 40 28
parfy committee, § 35 26
presidential electors nominated by, f 54 37
unit of representation for election of , S 36 26
vacancy filled by remaining members, | 36 26
how filled, § 36 26
See also Committees; Convention's; Party Committee.
State officers:
independent nomination, number of signatures required on certifi-
cate, f 122 65
special election to fill vacancy, $ 292 130
statement of county canvassers, $ 437 225
See also Special Elections.
State superintendents of elections:
affidavits by hotel keepers holding liquor licenses, | 481 240
aid by private persons and public officers, § 476 238
appointment and number of, § 471 236
card lists of registered electors, § 485 244
chief deputies and assistants, { 471 236
deputies, additional, | 474 237
powers and control of, { 475 237
removal, | 486 244
deputy superintendent not to attend primary except to vote, S 489 . . 247
generally, S| 471^89 236-247
governor, report to, | 488 247
information to be given, | 475 237
lists of residents furnished to, § 484 242
metropolitan elections district, powers of superintendent extended
to primaries, { 489 247
oaths, administration of, | 478 239
poliee and certain departments to report to, § 483 242
polling places, attendance at, § 479 239
powers of, § 472 236
extended to primaries, S 489 247
reports by lodging-house and hotel keepers, $ 480 239
filing of, § 482 241
salaries and expenses, | 487 246
subpoenas issued by, § 477 238
350 Index.
State voting machine commissioners: page.
appointment, § 390 203
compenfiatlon, § 391 204
term of office, § 390 203
See also Vottno Machines.
Statement of result:
blank, bound with tally sheet, § 79 52
description of » § 79 52
prepared and furnished by custodian of primary records; quan-
tity, § 79 52
result of canvass to be written on, § 87 53
canvassed by custodian of primary records, § 89, subd. 1 60
certificate to be signed by primary election inspectors, § 79 52
time allowed for canvass by custodian of primary records, { 89,
subd. 1 : . . 60
Statements:
campaign receipts and payments, § 546 266
filed with secretary of state, § 648 267
canvass, certified copies of, § 373 198
copy filed with supervisor, § 377 200
corrected, proceedings upon, § 436 224
cerrectior of errors in, | 432 222
delivered to police, § 372 197
delivery and filing of papers relating to, § 377 200
filed with boards of elections, f 204 117
filing of, in New York city, § 378 201
haw made by county boards, $ 437 225
inspectors to make and sign original, § 373 198
pdicej delivered to, S 372 197
produced before county canvassers, § 431 221
sealing of, | 376 200
soldiers and sailors' elections, when not to be canvassed, § 517 ... . 261
return of votes, how made, § 338 169
See also Canvass; Canvassers, County Boabd or; Canvassbbs,
State Board of; Political Committees.
Statioseryr
distributed by county clerks, § 343 173
expense of providing, § 318 151
generally, S§ 330-345 155-174
polls, distributed at, § 350 176
provided by boards of elections, town, city and village clerks, § 341. 171
supplied to each polling place, % 333 162
when delivered, where voting machines are used, { 404 210
See also Inspectors; Supplies.
Ikdex. 361
Stain: pa«e.
destroyed, when to be, i 88 59
disposition of, after canvass, f 88 .' 59
indorsement on back of, $ 58 39
instructions to voters, printed on, § 58 39
number on, entered in poll-book, § 78 49
numbers to be consecutive, § 58 39
official primary ballot stub, description, $ 58 39
separated from ballot by perforation, § 58 39
See also Ballots; Pbimaby Ballots; Sample Bai.lots.
Subcommittees:
party rules and regulations may provide for, § 39 28
See also Committees.
Subpoenas:
issued by state superintendent of elections, § 477 238
See also Cobbuft Pbactices.
Suffrage:
See Voting.
Superintendent of elections:
See State Supebintendext of Elections.
Snperrisors:
statement of result filed with, § 377 . i 200
Supplies:
expense of providing, | 318 151
polling places, provided for, | 300 140
primary elections, provided and paid for as for general election^
I 79 52
See also Stationebt.
TsUy skeets:
bound with statement of result sheet, S 70 52
custodian of primary records to prepare and furnish; number, fi 79. 52
delivery and filing of, { 377 200
description, | 338 169
for primary elections, §79 : 52
expense of providing, | 818 151
filed with boards of elections, f 204 ......* 117
with town or city clerk and board of elections, § 377 200
names of candidates printed by prnnary inspectors, §79 52
supplied to each polling place, { 333 162
voting machines, printed to conform to type of, S 405 210
See also Statiokebt.
Tie vote:
vacancy caused by, how filled, § 90 61
352 Index.
Town board: paqb.
inspectors of election, appointment of, § 311 1^6
places for registry and voting, designation of, { 290 138
See Towns ; also Elbction OvncacBS; Inspeotobs; Town Meetings;
Town dericf :
ballots and stationery distributed to, ( 343 173
certificate of nomination, filed with, 9 127 72
time of filing with, i 128 73
nteW nomination, time of filing, $136 78
compensation of, § 319 1^^
declination of nomination, time of filing with, { 133 76
enrollment -books, when to be delivered to, $ 4 ^
lists of candidates for, $ 131 75
new election district, certified copy of register for, | 183 107
registration books, certificates and instructions transmitted to,
{ 182 .; 106
statement of result of canvass filed with, { 87 ^^
Town electiona:
registration, i 161 W
See also Town Meetings.
Town meetings:
ballots, tbwn propositions, form of, § 332 161
what to contain, § 341 171
expense of, when held on general election day, S 318 151
wbei^ not held on general election day, | 318 151
official ballots, number to be supplied, % 340 171
stationery and ballots to be provided for, | 341 171
Town ofloei ;
declination of, where and when filed, § 133 76
independent nomination, number of signatures required on certifi-
cati^, S 122 ' 65
party nomination, how made, § 45 30
Towns:
ballot clerks, appointment of, § 312 148
election. districts, abolition, consolidation or changing of, § 297.... 136
creation, division and alteration of, S ^96 1^^
maps and certificates of boundaries to be made and posted,
i 298 137
new, certified copy of register for, f 183 107
redistricting of, | 419 218
election expense, apportionment of, { 318 151
inspectors of election, appointment of, { 311 146
poll clerks, appointment of, $ 312 148
posting lists of nominations, { 132 76
town ballots, boxes for, f 316 150
town propositions, boxes for, { 316 150
•«.
Index. 853
>
Towna — Caniimued : paok.
• voting machines, adoption of, f 393 205
expense, { 318 151
See also Boards of Elections.
Transcripts:
from enrollment books, fees for, I 21 ^ . . . 21
Transfer: . « ..
election officers, when not to be made, | 308 145
Treasurer:
See CoBBUPT Practices; Political Ck>MMiTTKE8.
Unit of representation:
term defined, i 3, subd. 6 3
See also CoNVEzmoNS; Delegates; Primaries.
United SUtes:
person in serriee of, residence of, | 163 95
compensation of election officers canvassing vote of, | 319 152
See also Ballots; Presidential Electors; Soldiers and Sailors'
ELfecnoNS.
United States senators:
article 13, §§ 449--157 232-235
canvass on election of, how made after election to fill vac&ncy, § 440. 232
governor to issue writ for special election, S 449 232
time of election, 8 449 232
' vacancy, how filled, | 449 232
Unofficial ballots:
See also Ballots; Pumart Ballots.
Unofficial primary:
term defined, | 3, subd. 2 • • • •- •: . 2
See also Primaries.
Unofficial primary ballots:
See Primary Ballots.
UnolBcial primary elections:
See Primaries.
ft
Vacancies:
caused by tie vote, how filled, f 90 61
certificate of, how filed, f 136.. '. 78
for primary • elections, | 62 , 35
matter contained in, | 135 78
when filed after ballots printed, i 62 35
where filed, 8 90 61
election officers, how filled, § 308 145
elective offices, when to be filled at special election, { 292 130
filled by committee, | 90 61
nominations made to fill, § 133 78
occurring before primary day, how filled, | 52 35
12
354 IxDEX.
Vacancies — Continued : PAGE,
party certi'fiieates of nomination to contain committer to fill, ^ 121. v 64
party nomrnations to fill vacanciesr oe^urring* at <5^taiB times, § 91 . . 62
. pasters used in certain cases, § 137 79
state committee, filled by remaining members, f 36 26
• vote required to fW, § M. . ; 61
See also Candidates; Nomination; Sfbcxal Blbctionb. * -
VTfce-prestdent of Ifirfted States:
electors for, how chosen, § 54 3^
i See also Pbestdenttal Etectosb.
Village clerk:
ballots and stationery difftribut^d to, § 343 173
- certificate of nomination, filed with, § 127 72
• time of filing with, | 128 73
nefw nomiiiationv time of filing*. S 136 7B
declination of nomination, time of filing with, $ 133 76
statement of result of canrass filed with, | 87 58
village elections:
registration, § Wl 9*
Village offices:
party nomination for, how made, § 4S ^ . . 30
VJDftgjes:
certifying number of registered voters, S 181 ^^^
election district, when constituting primary district, { 74- ^
election expense, apportionment of, § 31^ ^^^
when held on general election day, § 318 1^^
when not held on general election day, | ^8. . • . , . . . l**^
meetings for registration, § 150 , 81
population of 5,000 or more, board of primiSTy election officers;
division of duties, § 74 ■*6
divided into primary districts, § 74 "^6
two boards of primary election officers in,' f 74 ^
posting lists of nominations, f 132 ^^
registration, for other than general elections, S 160. . ^
how conducted. § 1JI8* ^2
, voting machincB, adoptimr of, | 398 205
expense; § 318 151
See also Enboleveivt; PUVAans; Rnmittiunoir.
Viola tion:
I'., of certain articles, a misdemeanor; penalty for, § W. ^
See also MrsuEiiBANOB.
VMe ballots:
See Ballots.
Vaiers:
' assisted, entry made in poll-hook, | 78 ^ \^
filing of record of, | 377 -^
1 1
i
Indxx. S&5
Voten — Continued : pase.
baUots deliTCTed to, i 3*6 182
certificate of enrollment given to, § 21 « 21
challenged, entry made in poU-book, § 78 50
at- official primary election, § 72 45
correction of encollment) how. made, f 14^ 13
declaration .of intention aa to reaidence, § -490 239
disabled ar illiterate, how assisted, S 357 ' lH>i
eiecti«B districts, mimber fn, | 419 • 21S
a&iiloyees, time allowed ior voting, { 3dS 190
enraUmeni af, f 10 ; - 10
declined, bUak to be retUFned, | 10 >;10
ercoza And amiaaions in ballots, § 344 174
lailiue to enroll,, not. to .affect right to register for Section, I 21 . . 21
illiterate . and disabled, assisted at registra^on, f 164 95
in use of voting machine, | 412 213
intent of at primary elections, | 86 58
list of, in poll-books, ^ 78. . ^. 49
manner of voting where machines are used« | 410 ^13
name and address entered in enrollnent books, §8 ,....* 8
where personal registration not required, | 9 ^ 9
naturalization papers to be produced, f 174 101
oath, refusal to iske, $ 363 189
official primary ballot, preparation -bj, § ^82 55
preparation of ballots by, I 358 184
qualifications, f 162 95
at unofficial primary elections, f 92 62
questioned, $ 71 45
to vote at primaries, f '71 45
register, how arranged, f 156 : 85
registered, certifying number of, § 181 105
registers, to be quadruplicate, | 154 85
legistration of, f| 160-184 81-108
residence, change of, f 168 95
right to enroll and vote at primaries, | 10 18
sample and official ballots, piAlic inspection oi^ f 342 173
voting machines, instruction in use of, f 402 209
when deemed not enrolled, | 14 12
See also CRAixEifOES; Ei^Bonoirs; Bif BOLUf e^t ; PBiMAMES;JtEGis-
TKAtioir; SoiaMW aim Sah^obs' Elbctions.
Votss^
statement and return, | 338 169
See also Cait¥iA«8; Pbixaboes.
Votiag: '»^*
aet^f, wiieD desved to oomBenee, | 359 186
SMuuMT ai, I 2fi9 186
aksEe voting aa^inea are used, | 410 213
iSd Index.
y^tinz — Continued: tage.
- persons excluded from right of suffrage, | 175. 102
places for, designation of, § 299 *. 138
time allowed employees for, $ 365 190
V^oting booths:
See Booths.
D^oiting machines:
adoption of, f 393 205
prior to December 10, 1913, S 421 219
apportionment of election expense, when used, §318 151
ballot, term defined, § 420 219
form of, § 397 206
party columns on, { 397 206
ballot clerks, appointed for primary election only, { 74 46
not appointed or elected where used, § 418 218
ballot label, term defined, { 420. ., 219
ballots and stationery for, § 404 210
canvass of vote, § 413 213
. certificate signed by inspectors, § 413 213
. . < construction of, § 392 204
counter compartment, opening of, { 415 216
counters, not to be exposed during election, S 409 212
reading of, by inspectors, S 413 ^ ., 213
custodian, | 400 W
instructions given by, § 401 209
term defined, f 420 '. 219
definitions,. § 420 ....'. 219
election, preparation for, § 400 207
election districts, redistricting of, { 419 , 218
election oflScers, instruction of, § 401 209
instruction of voters by, S 411 213
examination of, S 391 ! ! 204
expense of using, § 318 151
experimental use of, § 394 ^05
_ generally, §§ 390-421 '. ,.203-219
illiterate or disabled voters assisted, % 412 213
independent ballots, how voted, $ 408 211
instruction of voters in use of, S 402 • • • •. / • • • ^^
( r irregular ballots, disposition of, f 414 215
term defined, § 420 , 219
.^ keys, disposition of, § 415 216
local authorities, to provide, § 396 ;-. 265
location of, § 409 : . • 212
manner of voting, S 410 213
official ballots, number of, f 399 207
Index. 357
Voting machiiiefl — Continued: page.
party representative, opportunity to examine, { 400 207
payment for, how made, § 396 205
polls, preparation by election officers, § 407 210
preparation for election, § 400 207
presidential electors, irregular ballot for, { 408 211
protective counter, number compared with seal, § 407 210
term defined, § 420 219
question, term defined, | 420 219
recanvass, provision for, S 416 216
requirements of, | 392 204
results, proclamation of, | 413 213
sample ballots for, | 398 206
tally sheets to conform to type of, | 405 210
unofiScial ballots, when to be used, { 406 210
See also Booths.
▼oUng space:
official primary ballot, where to appear, f 58 39
Vonchen:
campaign expenditures, receipted bills for, | 545 266
preservation of, i 648 267
See also Corbuft Pbactioss.
War ballots:
See Ballots.
Ward:
divided into primary districts, | 74 46
Watchers:
ballot boxes examined in presence of, | 84 56
ballots protested by, f 85 56
duties, i 352 177
at primary elections, f 84 56
may examine ballot during canvass, | 85 56
meetings for registration, § 152 82
number to be appointed, § 84 56
transcript of statement of result of canvass may be made by, | 88 . . 59
unofficial primary elections, | 92 62
Westchester county:
See • BoABDB or Elections.
Witnesses:
personal privilege of, | 558 270
STATE OF NEW YORK
THE
ELECTION LAW
BEING CHAPTER 1 7 OF THE
CONSOLIDATED LAWS
CONTAININC
AMENDMENTS OF 1917
TOGETHER WITH
NOTES AND INSTRUCTIONS
AND
POLITICAL CALENDAR
PREPARED UNDER THE DIRECTION OF
FRANCIS M. HUGO
SECRETARY OF STATE
ALBANY. N. Y.
1917,
POLmCAJL €M.EWrDAR
FALL IPRIHilRT IWf) *QiRJSFERAL ^VECTIQV, 1017
Aug. 14 to Aug. 21 'Cerffficates of deBignatiuiTB *to *be filed with Secretary
Of 'StiCte Tjsd Tnistodhm t)f ^nnary records. S 40.
Aqgnst 71 Laat ftoy for *f)Img de<dlinatioxvB of designations. § 50.
fioptember 4 X/ast day for filing new designation after declination.
I 00.
September 6 liast dtff for Secretary trf 'State to transmit to cus-
'todions designations iiled in his office. § 51.
July 1 'La6t daj tor filing list of candidates for election
officers in cities. § '303.
Aogntft 6 lOesignation of polling ^places in the city of Buffalo.
1 299.
September 1 Last day for appointment of <»lection officers in cities.
§ 303.
^cptentbcr 4 Designation of pdlling -places for entire State (except
iihe city of Buffalo), jj 299.
September 19 •TAIIL TRIMARY DAY. Primary held from 7 A. M. to
9 T. "M. iBxcept in New York City where pells are -open
from 3 T, H. to '9 T. Ti.
f»cp*ember 25 to
Oct. 12 Ind^endent nominations to be filed with Secretary of
State. § 128.
S'tpt. 25 to Oct. 17 Independent certificates to be filed with board of elec-
fions or county clerk. § 128.
Registration in Hew Yoik t^ity.
Ootober a 5:30 P. M. to 10:30 P. M., first day.
October 9 •... 5iB0 P. M. to 10:30^. M., second day.
October Ift — -. 5:30 P. M. to 10:30 P. M., third day.
October 11 5:30 p. H. to 10:30 P. ii., fourth day.
October 12 ^ .. t5»3^0 P. m. to JO: 30 P. M., fiffh day.
October J3 .7 A. M. to 10:30 p. M., sixth day.
SegiBtratioxi in Cities (Outside vf Vew Y-oflQ -and Villages of 5,000
"fiflRbitants or "More.
O tober 12 7 A. M. ±o ID x. %u, first J^.
October 13 "7 A. M. to TO P. M„ second day. s TJO
October 19 7 A. H. to 10 P. m., third day. '
October 20 7 A. M. to 10 P. M., fourth day,
*Piic8UAst to Chap. 776, Laws of 1917.
[iii]
iv Political Calknoar Gknekal Election, 1917
Registration in Districts Other Than Cities or Villages Having 5,000
Inhabitanta or More.
October 13 7 A. M. to 10 P. M., first day. \
October 20 7 A. M. to 10 P. H., second day. |
Written objection to any certificate of nomination
may be filed with the o£Bicer with whom the original
certificate of nomination is filed, within three days
after such original certificate is filed, except that if
by any independent certificate of nomination any person
is nominated who is then or shall be after the filing
of such independent certificate, the candidate of a
political party for the same office, and the party cer-
tificate has been filed after the independent certificate
was filed, the written objection to the independent cer-
tificate may be filed within three days after the filing
of the party certificate. If such objection be filed,
notice shall be sent by mail to the committee, if any,
appointed on the face of the certificate^ and also to
each candidate placed in nomination by such certificate,
and the question raised by such written objection shall
be heard and determined as prescribed in section 125
of the Election Law. See § 134.
October 17 hast day to file declination of independent
nomination which was filed with Secretary
of State. y § 133
October 19 Last day to file declination of an independent
nomination which was filed with board of
elections.
October 22 Last day for filing certificate of new nomihationB
caused by declination or disqualification, with
Secretary of State and board of elections. § 136.
October 23 Last day for Secretary of State to transmit to board
of elections nominations filed in his office. § 129.
October 31 Last day for publication of nominations in newspapers
except in counties where no daily newspaper is
printed. § 130.
October 31 • Last day for transmission of lists of candidates to
town clerks and aldermen of cities by boards of
elections. § 131.
November 3 Last day for list of candidates to be posted by town
clerk or alderman. § 131.
November 6 GENERAL ELECTION DAY. Polls open 6 A. M., polls
dose 5 P. ic.
TABLE OF CONTENTS.
PAOS.
PburrcAL Calbkdab iii
Elictton Law 1
ARTICLE 1.
Short Titli; Application; Definitions.
Section 1. Short title 2
2. Application 2
3. Definitions 2
- ARTICLE 2.
Enbollment op Voters.
Section 4. Delivery of enrollment books where registers do not include enroll-
ments 4
5. Enrollment books where registers do not include enrollments 4
6. Voting booths and enrollment boxes 4
7. Enrollment blanks and envelopes 4
8. Delivery of enrollment blanks to voters who register personally 4
9. Delivery of enrollment blanks to voters where registration is not
personal 4
10. Enrollment by voters 4
11. Examination, sealing and custody of enrollment boxes 5
12. Certification and secrecy of enrollment where registration is per-
sonal o
13. Certification and secrecy of enrollment where registration is not
paw)nal 5
14. Opening of enrollment box and completion of enrollment 5
14-a Correction of enrollment lists 5
14-b. Special enrollment upon becoming of age 5
14-0. Special enrollment for certain voters failing to enroll on election or
registration days in the year nineteen hundred and sixteen 16
15. Enrollment for a new political party 5
16. Duplicate enrollment books 5
17. Use of duplicate enrollment books at unofficial primaries 5
18. Use of original enrollment books at official primaries 5
19. Right to enroll and vote at primaries 5
19-«. Special enroUment after moving 5
20. New enrollment books for changed districts 5
21. EnroUment books to be public records; transcripts of enrollment. . . 5
22. Publieation of enrollment 5
23. Judidal review of enrollment 5
vi Table of Contents,
PAOB.
Section 24. Correction of enrollment with respect to persons not in sympathy
with party 5
25. Investigation of enrollment 5
ARTICLE 3.
Fabtt Organization.
Section 35. Party eomraitteea 29
36. State committee 28
37. County committee 28
88. Election of members of state and county committees 28
B9. Formation of committees other than state or county commiitees. . . 28
40. Organization and rules of committees 28
41. Review of election of committees 28
42. Removal of member of committee 28
43. Vacancies in state or county eommittees, , 28
ARTICLE 4.
Partt NoinNATioNS AND Designationb.
Section 45. Direct nomination of candidates for public office 31
46. Designations; how made 31
48. Designations by petition 32
49. Filing of designations 32
50. Declination by person designated 32
51. Certification by secretary of state 32
52. Vacancies in designations^ how filled 32
53. Delegates to national party conventions 32
54. Presidential electors 32
55. Existing state and county committees' continued 32
55-a. Objections to designating petitions 32
56. Contests; judicial review 32
58. Official primary ballot 32
ARTICLE 4-A.
CoNiKJCT OP OFFICIAL Prwakt BUxGTioiis; Camvam cxt EBTUBira.
Section 70. Ofganisation and condaet oC official primaries 46
71. Qualifications of voters at oflSeial priaariea 46
72. Challenges at official primary electwna 46
73. Expense of official primaries 46
74. Primary districts) offieen and pottiDg plaeea 46
75. Notice of official primarMi 46
76. Restiictions as to place of primaries 46
77. Removals from, and fflllng vaiamcifla in, boards of primaiy aleoiioD
officers 46
78. Primary poll clerks and poll books, in primary diatrifltn oBtads of
cities of over one million inhabitints 46
Tablx ov Comrxwre. vii
PAGE.
DBctioii 78-ft. Primiy poU dericn ss^ poH books in cities of ovsr oqb miflion
iniittbitBiits 46
79. BftHots, booths, bUmks and supplies 46
60. Ddiveiy of bsSots and manner of Toting 46
81. Unofikstal baHots 46
82. Preparation of ballot by roters 46
83. Persons witfaxn the guardHrafl 46
64. Watchers, oballengere^ elec liouuei iug 46
86. Canrass of Totes 46
86. Intent of ^wiers 46
87. Proelamation and statement of result 46
oB. inpeserration oi records and papers 46
80. Canvass of staftements of resolts; eertifieates of election to party
position 47
OQ. FilHns ▼aeaneies and detenninatkm of tie rote after primaries 47
01. Party nominations for special electiona and to fiH certain vacancies . 47
02. Unofiieial primaries T. 47
08. Penalty for violation 47
04. Perjury 47
ARTICLE 5.
NoimrATiNa Csrtxficates; Emblshs; Vacancibs.
Section 121. Certification and filing of nominations for town, village and certain
other offices 66
122. Independent nominations 66
123. Independent certificates of nomination 66
124. Emblems 86
125. Conflict in names or emblems 66
126. Supplying omitted emblems CG
127. Places of filing independent certificates of nomination G6
12& Times of filing independent certificates of nomination 66
129. Certification of nominations by secretary of state 66
130. Publication of nominations 66
131. Lists for town clerics and aldermen 66
132. Posting town and village nominations 66
133. Declination of nomination 66
134. Objections to certificates of nomination 66
135. Filling vacancies in nominations 66
136. Certificates of new nominatioaB 66
137. Death of candidate after printing of ballots; official pasters 66
ARTICLE 6.
RaannsATiov of Vonaa.
Beeiion 150. Mootuigs for registration S2
151> Additional meetings for registratton »«
152. Conduct of neetrngBj watCDers ^. fS£
viii Table of Contents.
FAOI.
Section 153. Adding and erasing names on register 83
164. Register of voters 83
165. Register; how arranged S3
156. Register where personal registration is not required. . % 83
157. Preparation and distribution of registry lists; investigation of false
registration 83
158. Regbtration in cities and in villages of five thousand inhabitants. . . 83
159. Registration elsewhere 83
160. Registration for other than general elections 83
161. Registration for town or village elections 83
162. Qualifications of voters 83
163. Gaining or losing a residence 83
164. Illiterate and disabled voters 83
165. Change of residence within election district 83
166 Registration days not holidays 83
167. Preparation of challenge affidavits 83
168^orm of challenge affidavits 83
169. Challenging applicants for registration S3
170. Investigation into truth of affidavits 83
171. Duplicate books of challenge affidavits 83
172. Disposition of challenge affidavits 83
173. Entry requiring challenge by inspectors 83
174. Production of naturalization papers 83
175. Persons excluded from the suffrage 83
176. Certification of register 83
177. Making up the registers; custody thereof after registration 83
178. Custody and filing of registers after registration in cities of first-
class 83
179. Certifying changes in registers 83
180. Custody of registers after election 83
181. Certifying number of registered voters 83
182. DeKvery of blank books for registration; certificates and instruc-
tions 83
182-a. Special instructions to voters to be prepared for the year nineteen
hundred and fourteen 83
183. Delivery of previous registers and poll books to inspectors 81
184. Penalties 84
ARTICLE 7.
BOAKD OF ElBCTIONB.
Section 190. Boards of elections established 112
191. Appointment, term and qualification of oommiasioners of elec-
tions 112
192. Organisation of board; rules and reports 112
193. Salaries of commissioners of elections r 112
Table of Contents. ix
PAGE.
Seetiim 194. Recommendations for appointment of oommifisionera of elections . . 112
195. Filling vacancies in board 112
196. Bi-partisan character of board 112
197. Appointment of employees 112
198. General office and branches 112
199. Duty of police to aid board of elections 112
200. Expenses of board of elections 112
201. Disposition of registers and unused ballots 112
202. Custodian of primary records 112
203. Official seal 112
204. Filing statement of canvass, tally sheets and poll books 112
205. Notices 112
206. Transfer of records; devolution of powers 112
207. Office hours, rules and regulation?) of boards of elections 112
208. All records to be public; records of transactions of the boards of
elections 112
209-a. Article not applicable to Oneida and Broome coimties 112
ARTICLE 7.A.
*
COMMIBSIONBR OF ELECTIONS IN THB CoUNTY OP MoNROE.
Seetion 210. Commissioner of elections for Monroe county 124
211. Appointment, qualifications and removal of commissioner 124
212. Appointment, removal and examination of inspectors of election,
poll clerks .and ballot clerks 124
213. Office for commissioner 124
214. Custody of records * 124
. 215. Employees 124
216. Notices 124
217. Filing p&pen; general powers and duties of commissioner 124
218. Purchase of suppliis. including voting machines; expenses of
commissioner 124
219. Apportionment of expenses 1 24
220. Publication of notices 124
221. Polling places, election districts, et cetera 124
222. Voting machines 124
223. Construction of article 124
ARTICLE 7-B.
CoiIMiaSIONKR OF ELECTIONS IN THE COUNIT OF NiAOARA.
Section 225. Commissioner of elections for Niagara county 132
226. Appointment, qualifications and removal of commissioner 132
227. Appointment, removal and examination of inspectors of election.
poll clerks and ballot clerks 132
228. Office for commissioner 132
229. Custody of records 132
TaBTE OJF COWTBITTS/
PA<3S.
132
2aL Noiicaa 132
232. Filing paper; geueral poweis and daties ef eotoaumnomK 132
233. Purdiiase of aupplies, including voting aachiDea; ezpeaseaof eom- 132
miasioner 132
234. Apportionment of expenses 132
235. Publication of notices 132
236. Polling places, etoetion dirtrieta, et cetera 132
237. Voting machines 132
238. Construction of article 132
ARTICLE 8.
TncKS, PbACOB, NoTicBfi, OwncMBa ano £znui«Ba «r EuBcnovs.
Section 290. Date of general election 140
291. Time of opening and closing poH < 140
292. Fffling vacancies in elective offices 140
293. Notices of elections 140
294. Notice of submission of proposed constitutional amendments or
otiux propoaitions or questioos 140
295. Publication of concurrent fesoUitiona, proposiug constitutional
a.nrw»n^mpnta and OthfiT propOSitlOUS 140
296. Creation, division and alteration of election districts 140
297. Abolition, consolidation or changing of election districts in towns. . 140
298. Maps and certificates of boundaries of eleetion districts 140
299. Designation of places for registry and voting .• 140
300. Equipment of polling places 140
300-a. Display of American flag 140
301. Publication of list of registration and polling places 140
302. Election ofilceEs; designation, number and qualifications 140
303. Appointment of election officers in cities 140
304. Authentication of party lists 140
305. Examination as to qualifications 140
306. Party election in the city of New York 140
307. Oath of office; certificate of appointment 140
308. Kemovals; vacancies; transfers 141
309. Certificates of service; exemption from jury duty; payment 141
310. Special penalties : . . 141
311. Appointment of inspectors of election in towns 141
312. Appotntment of poN clerics and balloi elerks in towns 141
313. Supplying vaeaneies and abseaees 141
314. OffgMiiaatloii of boai^ of iaspeelors 141
316. F^eservatkwt of oider by inepeeteis 141
316. Ballot boxes 141
317. Voting booths and guard-rails 141
318. Apportionment of election expenses 141
Tablx of Contbittb. zi
PAOE.
Seetkn 319. Fees of deetkm oSmn and oihetB 141
320. Delivery of election laws to clerks, boards and ct etmi aficais 141
ARTICLE 9.
Ballots and Stationxkt.
Section 330. Official ballots for elections 167
331. Classification of ballots; form of ballots for eandidatefl 167
332. Form of ballot for questions submitted 167
333. Sample ballots, instruction cards and stationery 167
333-a. Adffitional sample ballots in tbe year nineteen hnadred and four-
teen; distribution of such ballots 167
334. Blank forms for election officers 167
335. Form of ballot clerk's return 167
Z!5. Description of taHy fleets 167
337. Forms of return and tally of votes east for president ia! electors. . 167
338. Forms of rettm and taHy of votes for officers other than presi-
dential electors 167
339. Forms of return and tafly of votes upon questions submitted 167
340. Number of official battots 167
341. Officers providing ballots and stationery 167
342. Public inspection of ballots 167
343. Distribution of ballots and stationery 167
344. Errors and omissions in ballots 167
345. Unofficial ballots 167
ARTICLE 10.
i
Conduct of Elections and Canvass of Votbs.
Section 350. Opening the polls 187
351. Persons within the guard-rail 187
352. Watchers; challengers; electioneering 187
353. General duties of inspectors 187
354. General duties of ballot clerks 187
355. General duties of poll clerks 187
356. Delivery of ballots to voters 187
357. Aasistanoe to disabled or illiterate voters 187
358. Preparation of ballots by voters 187
359. Manner of voting 187
360. When unofficial ballots may be voted 187
361. Cha lenges 187
362. Preliminary oath 187
363. General oath and additional oaths 187
361 Heoord of penons efaaHe^;ed 187
365. Time allowed en4>loyee8 to vote 187
366. Canvast of votes; pffpantkn fat caavaaa. 187
xii Table of Contents.
PAOC.
Section 367. Comparing poll books and registers; verifying number of ballots. . 187
368. Method of canvassing 1S7
369. Objections to the counting; disposal of ballots 1H7
370. Proving the talUes 1S7
371 Genera] provisions as to canvass 1S7
372. Statement of canvass to be delivered to police 1.S7
373. Returns of canvass LS7
374. Preservation of ballots Ivs
375. Proclamation of result 1?%*^
376. Sealing statements I*<
377. Delivery and filing of papers relating to the election; general pro-
visions 18S
378. Delivery and filing of papers in the city of New York 18S
379. Additional requirements in the metropolitan elections district 188
380. Delivery and filing of papers in the county of Erie 188
381. Judicial investigation of ballots 188
382. Destruction of books, records and papers relating to the elections. 188
ARTICLE 11.
VoTiNO Maghinxs.
Section 390. State voting machine commissioners 214
391. Examination of voting machine 214
392. Requirements of voting machine 214
393. Adoption of voting machine 214
394. Experimental use of voting machine 215
395. Providing machines 215
396. Payment for machines 215
397. Form of ballots 215
398. Sample ballots .^ '. 215
399. Number of official ballots 215
400. Preparation of voting machine for election 215
401. Instruction of election officers 215
402. Instruction of voters before election 215
404. Distribution of ballots and stationery 215
405. Tally sheets 215
406. Unofficial ballots 215
407. Opening the polls 215
408. Independent ballots 215
409. Location of machines; guard-rail 215
410. Manner of voting 215
411 . Instructing voters 215
412. Illiterate or disabled voters 215
413. Canvass of vote and proclamation of result 215
414. Disposition of irregular ballots; and preserving the record of the
machine 215
415 Disposition of keys; opening countrr compartment 215
Table of Contbnts, xiii
PAGE.
Section 416. Provisioii for re-canvass of vote 215
417. Application of other articles and penal law 215
418. When ballot clerks not to be elected 215
419. Number of voten in election districts 215
420. Definitions 215
421. Saving dause 215
ARTICLE 12.
Boards or Canvassbbs.
430. Organisation of county board of canvassers 232
431. Flrodnction of returns and tally sheets 232
432. Correction of doical errors in election district statements 232
433. Mandamus to county or state boards of canvassers to correct errors. 232
434. Frooeedings of state board of canvassers upon corrected statements
of county boards 232
435. Mandamus to state board to canvass corrected statements of county
boards 232
436. Proceedings upon corrected statements 232
437. Statements of canvass by county boards; preservation of protested,
void and wholly blank ballots 232
438. Decisions of county boards as to persons elected 232
438. Transmission of statements of county boards to secretary of state
and board of elections 2^i2
440. Organisation and duties of board of canvassers of the city of New
York 232
441. Oiganixation of state board of canvassers 232
442. Canvass by state board 232
443. Certifioatfla of eleetlon 232
444. Reeord In offioe of secretary of state of county officers elected 232
ARTICLE 13.
I^NITBD States Sbnatobs, Rspresbktativbs in Conorbss and Prbsiobntial
Electors.
Section 449. United States senators 244
450. Representatives in congress 244
451. Electors of president and vice-president 244
452. Meeting and organisation of electoral college 244
453. Secretary of state to furnish lists of electors 244
454. Vote of the electors 244
455. Appointment of messenger 244
456. Other lists to be furnished 244
457. Compensation of electcH^ 244
xiv Tamub of OoNTENrS.
ARTICLE 14.
"State •Superwtendent op T3eections. T*jnGrE.
Section 471. State superintendent of elections, chief d^uty.a&d ASsistAnts 247
472. Powers of superintendent, clerks and deputies 247
474. Additional deputies 247
475. Control and powers of deputies; refusal to furnish information 247
476. Aid by private persons and public officers 247
477. Subpoenas by state superintendent. 248
478. Administration of oaths by superintendent and deputies 248
479. Attendance and duties at polling places 248
480. Reports by lodging-house and hdt€l Iceepers 248
481 . Affidavits by hotal ^e^iers hdldiQC liQiifir JieenflSB , «ltf
482. Filing such reports and;«ffid8vits 248
483. Reports by poliae and certain dopartmeiita 218
484. List to he Curnished if jnsquiied b^ Ihersuperiiileiident «l-«lectiBB6 . . 248
485. Card liate of xoipstered eleotozB 248
486. Challenge lists 248
487. SalftB&eB and eKpenaes 24S
488. Report to governor 248
489. Autiiority of state superintendent of -electioiis 248
ARTICLE U.
Soldiers' jlko SAii/ms' Elsxtions.
Section 500. Special polls in time of war 260
601. Geneml vegister of Absent voters 260
502. Poll books and oaths 260
603. Official war ballots 260
504. Official envelopes for war ballots 260
505. Delivery of official war ballots, poll becto And enwaUgsBB 260
506. Liats ef mwanHifttionB 260
507. Polls of election 260
508. Opening of the polls 260
509. Organization of the polls ^ 260
610. Conduct joS electiona 260
611. Coimt of the votes 260
512. Returns not to be rejected because of informality of election 260
513. Disposition of ^envelopes and ballots M)
514. Canvass by inspectors of -election 260
516. 'Canvass 'by county %osnr4 260
516. CanvBBs by -state board 260
617. Returns or •statementB not inaie and ii)«i 'pnor to -ee^feam <^teB
in any year -not to be 'canvaased 260
618. ProvisioBB of penal law relating to ^erinceB agwoM *&» -^lei^ve fran-
chise to api^y 261
519. Filling vacancies in ^be offiee of 'Ui'ieeior vH •dleeMens 261
520. Elections may be contested 261
Table op Contents. xv
fieeikm 521. General provisiona concerning elections to apply 261
522. Copies of this article to be published and distributed 261
ARTICLE 16.
Corrupt Practicks
Section 540. Political committee defined 275
541. Statement of campaign payments not made through political com-
mittee 275
542. Personal expenses defined 275
543. Treasurer of political committee 275
544. Accounting to treasurer or candidate 275
545. Vouchers 275
546. Statement of campaign receipts and payments 275
547. Campaign contributions to be under true name of contributor 275
548. Filing and preserving statements 275
549. Secretary of state to provide forms 275
550. Contempt proceedings upon default in filing statement 276
551. Who may maintain proceedings 276
552. Undertaking for costs 276
553. Time within which proceedings must be brought 276
554. Proceedings to be summary 276
555. Preference over other causes 276
556. Appeals 276
557. Subpoenas 276
558. Personal privilege of witnesses 276
559. Conduct of hearing 276
560. Judgment and penalty 276
561. Application of article limited 276
562. Party funds not to be expended for primary purposes 276
ARTICLE 17.
Laws Repealed; When to Take Effbct.
Secti<m 570. Laws repealed 284
571. When to take effect 284
Instructions for guidance of election officers 291
Index 313
THE ELECTION LAW
CHAP. 22
AN ACT in relation to the elections, constituting chapter seven-
teen of the consolidated laws.
Beeame a law February 17, 1909, with the approval of the Qovemor. Passed,
three-fifths being present.
The People of the State of Netr YorJc, represented in Senate
and Assembly, do enact as follows:
CHAPTER 17 OF THE CONSOLIDATED LAWS
ELECTION LAW
^Article 1. Short title; application; definitions (§§ 1-8).
2. Enrollment .of voters (§§ 4-24).
3. Party organization (§§ 35-43).
4. Party nominations and designations (§§ 45-68).
4-a. Conduct of official primary elections; canvass of re-
turns (§§ 70-94).
*4-b. Conventions (§§ 110-114).
5. Nominating certificates ; emblems; vacancies (§§ 121-
137).
6. Registration of voters (§§ 150-184).
7. Board of elections (§§ 190-208).
*7-a. Commissioner of Elections in the county of Mon-
roe (§§ 210-223).
8. TimeSy places, notices, officers and expenses of elec-
tions (§§ 290-320).
9. Ballots and stationery (§§ 330-345).
10. Conduct of elections and canvass of votes (§§ 350-
881).
11. Voting machines (§§ 390-421).
12. Boards of canvassers (§§ 430-444).
18. United States senators, representatives in congress
and presidential electors (§§ 449-457).
14. State superintendent of elections (§§ 471-489).
15. Soldiers* and sailors* elections (§§ 500-522).
16. Corrupt practices (§§ 640-562).
17. Laws repealed; when to take effect (§§ 570, 571).
1 Schedule of headings amended by chap. 891, Laws of 1911. and chap. SM^
Uwft of 1913.
2 Article 4-h repealed by chap. 820, Laws of 1913.
?Add«i by chap. 7, Laws of 1016
2 The Election Law
Uhavt ^aatte ;>AppliaatiMi; DeflaUioiM
^Sectionl. Short title.
"2. 'AppH^ation.
3. Definitions.
*§ '1. *8hoti;*tiae. This chapter shall be kn«>wn ms nhe
" Election Law/'
§ S. *Ap]^lluMiOii« fecept as »otherwise herein provided,
articles two, three, fonr and iottr-a of this chapter shall be con-
trolling:
1. On the method of enrolling the voters of a party.
2. On the .organization and 'conduct of rparty committees.
3. On the method of electing members of state and county com-
mittees, and delegates and alternates ^to national pavty conven-
tions.
4. On the nomination by parties 6f all candidates *for offices
authorized to be filled at a general election, except town, village
and school district officers. [As added by chap. 891, Laws of
1911, aiid amended by chap. 820, Laws of 1913.]
§>3/^]Mttttttiims. The terms Hsed in this chapter 'shall have
the signification herein defined unless other meaning is clearly
apparent in language or context;
1. The term '' general election " means the election held on the
Tuesday next succeeding the first Monday in November.
2. The term " official primary" or " official primary election "
means a primary election held by a party for the purpose of
nominating candidates for office or, electing persons to party
positions and conducted by the public officers charged by law with
the duty of conducting general elections. An *' unofficial pri-
mary " or '*' unofficial primary election" means any other pri-
mary or primary election held by a party or independent body.
3. The term ^' primary day " means the day upon which an
official primary election is held, as in this chapter provided.
4. The term " fall primary " means the official primary election
held on the seventh Tuesday before the general elettion.
6. The term " spring primary " means the official primary elee-
' Schedule of section headings amended by chap. 891, Laws of 1911.
Short Titl»; Application; Definitions 3t
tiou Iield on tlie first Tuesday in. April in years^wbjcn a president
of the United States is to be elected..
fr. The term^ " imit of represeolationi?' umahs a«y election disr
tcict^ town, wardiof a eity^ assembly distisct, or any other political
sttbdWision* o£ tha state^ respectively^ \7idehr.is the unit from whicfei
members of any political committee or* delegates to a party con**^
vctation shall be elected as hfirein providfid..
7. Tha term ''custodian of primary records" means theoflScec.
or board whose, duty it is by the provisions, of this < chapter to.
provide official ballots for gseneral eleotionsr
8. The term "board of elections-" shall in«lud<^' a single com-
mifisioner of elections in a county having' such an* officer and the»*
county clerk in. any county whick by the-provisions of this chapter •
shall hare no such board nov commissionev, except as otherwise'
piK^vided in special provisions' relating to any- such county.
9. The term " party " means- any- political organization whidt-
at the last preceding election foi* govemor- polled at least ten
thoasand votes- for governor^
10. The term " nomination " means the selection in accord*
ance with, the- provisions of this chapter of a candidate for office-
autb^ized' to- ba filled at a general election or at a special election
held to fill a vacancy in such office.-
11. The term " designation " means any method in accordance,
with' the provisions of this chapter by which candidates for party
nominations, or for election as party committeemen or delegates,^
may be named in order* that they may be placed upon the official*
ballot for any official primary election.
12. The term " official primary ballot " means the ballot pro-
pared, printed and supplied for use at an official primary elec-
tion in accordance with the provisions of this chapter.
18. The term " party position " means membership in a party
committee or the position of ddegate or alternate to a national
party convention.
14. The term " committee ^' means any committee^ chosen,
in accordance with the provisions of this chapter, to represent the
members of a party in any politLcal. subdivision of the state.
15. The term " independent body " means any organization
or asseokUinia of citizens, which,, by independ^it. certificate, nom-
inates candidates for office to- be voted for* at a. general, special
or village election, or town meeting* and which^ if such independ-
ent body nominated a candidate for governor at the preceding
4 The Election Law
general election of a governor, did not poll at least ten thousand
votes for its candidate for such oflBce.
16. The term " party nomination " means the selection by a
party of a candidate for an office authorized to be filled at a
general election, or at a special election held to fill a vacancy in
such office, or at a town meeting.
17. The term " independent nomination '' means the selec-
tion of a candidate by an independent body for an office
authorized to be filled at a general election, or at a special elec-
tion held to fill a vacancy in such office, or at a town meeting.
18. The term " party candidate " or " party nominee " means
a person who is selected by a party to be its candidate for an office
authorized to be filled at a general election, or at a special elec-
tion held to fill a vacancy in such office, or at a town meeting.
[-4* amended by chaps. 649, 891, Laws of 1911, and chap. 820,
Laim of 1913, and chap. 537, Laws of 1916.]
19. The term " independent candidate '' or " independent
nominee " means a person who is selected by an independent body
to be its candidate for an office authorized to be filled at a gen-
eral election, or at a special election held to fill a vacancy in such
office, or at a town meeting. [Added by chap. 678, Laws of 1915,
and amended by ch^p. 537, Laws of 1916.]
20. The term " enrollment books," when applied to those used
in a city of over one million inhabitants, means registers of elec-
tors in which party enrollments of voters are entered or provided
for in additional columns. [Added by chap. 537, Laws of 1916.]
^ARTICLE 2
Enrollment of Voters
Section 4. Delivery of enrollment books where registers do not
include enrollments.
5. Enrollment books where registers do not include
enrollments.
6. Voting booths a,nd enrollment boxes.
7. Enrollment blanks and envelopes.
8. Delivery of enrollment blanks to voters who register
personally.
9. Delivery of enrollment blanks to voters where regis-
tration is not personal.
10. Enrollment by voters.
4 Entire article amended by chap. 891; Laws of 1911.
Enbollmsnt of Votebs S
Section 11. Examination, sealing and custody of enrollment boxeat:
12. Certification and secrecy of enrollment where regi*'
tration is personal. ^
13. Certification and secrecy of enrollment where regi»^
tration is not personal.
14. Opening of enrollment box and completion of enroll-
ment.
14-a. **"• Correction of enrollment lists.
14-b. *'**Special enrollment upon becoming of age.
15. Enrollment for- a new political party.
16. Duplicate enrollment books.
17. Use of duplicate enrollment books at unofficial pri-»
maries.
18. Use of original enrollment books at official primaries.'
19. Right to enroll and vote at primaries.
19-a. Special enrollment after moving.
20. ^'^^New enrollment books for changed districts.
21. Enrollment books to be public records; transcripti
of enrollment.
22. Publication of enrollment.
23. Judicial review of enrollment.
24. Correction of enrollment with respect to persons not
in sympathy with party.
25. Investigation of enrollment.
§ 4. Delivery of enrollment books where registers
do not inelnde enrollments. In any political subdivision
in which the registers of electors do not provide for entries of
party enrollments, the custodian of primary records shall cause
to be prepared on or before the fifteenth day of September in
each year, original enrollment books to the number of two for
each election district. Such enrollment books shall be so arranged
that the names of all voters of the election district may be inscribed
therein alphabetically. Said books shall be delivered by the cxis-
todian of primary records to the election inspectors of the respec-
tive election districts inmiediately before the first day of regis-
tration in each year and also in districts wholly outside of a city
or village having five thousand inhabitants or more, to the town
clerk at least twenty-four hours before the first day of registration,
^Kew section added by cbap. 52, Laws of 1912.
4t>New section added by cbap. 244, Laws of 1914.
^ Repealed by cbap. 244, Laws of 1914.
( The ]5L£creios Law
who aball driver audi ^iiollment books to the inspectosa of
dteetioit ot the respective election districts in his town onc-balf
hour before the opening of the polls. \^A8^ amended by chap. 678,
Laws #/ 191 &.]
§ 5. J^vollaieiiit li^olui 'wkeare regirters da not in-
clude enrollments. In a political subdivision referred to in
the preceding, section, the en-PoUment books shall be se arranged
and printed that there shall be twelve columns on each page ; the
first for the enrollment numbers of the voters; the second for the
surnames of the voters ; the third for the christian names of the
voters ; the fourth for their residence addresses ; the fifth for the
word " yes " ; the sixth for the name of the party, if any, with
which lie voter shall enroll ; the seventh for the word *' voted "
in case the voter votes at the spring primary; the ei^th for a
record as to challenges in case he is challenged thereat; the
ninth and tenth columns for similar entries in case he votes at
the fall primary ; and the eleventh and twelfth columns for similar
entries in case there be a third official primary election or an
unofficial primary election.
Reference, in this chapter, to a particular column, by number,
of the enrollment books shall mean, when applied to a city having
more than one million inhabitants, the appropriate column of
the registers of electors. [As amended hy chap. 678, Laws oj
19150
§ 6. Votins lioatha and. enrallnent boxes. Thebor.rt]
•r officers authorized to furnish voting booths in each election dis-
triot for nse at the general Section shaU cause at least two voting
hooths of the same kind and description as voting booths usci at
general elections, to be erected m each place of registration before
Ihc) first day of registration in each year, and sueh booths shall be
and remain in said places of r^istration during the r^istratioa
at the regular meetings for registration during, that year ; and it
shall fee the duty of such board or officer to furnish in each
voting booth so erected the same articles as are required by law
to be placed therein for a general election^ which, articles shall
remain therein duriikg sueh registration. Such board or officer
shall also provide in like B»a»fi^f one enrollment box in eaeh pla^<^
of registration of sufficient capacity to hold all the enrollment
HaBks which are to l)e furnished fdt such place of Y^istration,
which shall be similar to the ballot boxes preserved by law to be
used at a general election. Such board or officer shall also in
like manner provide at each polling place on general election day,
in each electicm district wholly outside of a city or village having
five thousand inhabitants or more, or partly within and partly
outside of any such village, two such voting booths, for the enroll-
ment of voters, the needed articles therefor, and an eHrollment
box, as above provided. [As amended by chap, 537, Laws of
1916, and chap. 703, Laws of 1917.]
§ T« EMToUsienit lilMiks. There shall also be prepared %y
tite iXMloditm of primary records at pttfolie expense, to be borne in
the same manner as the expense of furnishing official balicits,
and ddTvered by smch custodian with the euToQxnent books, such
mmiber of enrollmant blanks for rsich election district as will
WEoeed Ly «t least twenty-five and n<^t more than fifty the total
ninnber of voters registered in such district. The enroUm^it
Hanks shall be printed on white paper, and on the face thereof
^all be prints the following, or the substance thereof, the Wanks
to be filled in in type so far as possible :
^* Primary enrollment for the year • , • ^ city
(or village or town) of ; eounty of
; • . iussembly district (or
ward or town) ; election district ; enrollment
namber
Name of voter
*^ I, , who have placed a mark under-
aeath the party emblem hereunder of my choice, do solenMily
cledare that I am a qualified voter of the election district in which
I have registered or voted, and that my residence address is
(the residence address as it appears
in the regifiter, if the enrollment be made on a day of registra-
tiwi, and as it appears in the poll book if the enrollment be
made on the day of general election, is to be inserted in such
sparse) ; that I am in general sympathy with the i)riuciples of
the party which I have designated by my mark hereunder; that
it is my intention to support generally at the next general elec-
tion, state or national, the nominees of such party for state or
national offices, and that I have not enrolled with or i)articipated
8 The Election Law
in any primary election or convention of any other party since
the first day of last January.
party. party
(Insert emblem.) (Insert emblem.)
^^ Make a cross X mark, with a pencil having black lead, in the
circle under the emblem of the party with which you wish to
enroll, for the purpose of participating in its primary elections
during the next year."
The circles underneath the emblem shall be three-quarters of
an inch in diameter, and in them nothing shall be printed. The
party emblems shall be the same as those which were on the bal-
lots for each party respectively at the last preceding general
election, and such emblems shall be so arranged on each blank that
the emblem of the majori^ party at the last preceding general
election of a governor shall be first, and the other emblems shall
follow in order in accordance with the vote cast for such office at
such election ; over each emblem shall be printed, in type clearly
legible, the name of the party represented by such emblem. The
enrollment blanks shall have thereon the names of those parties
only to which this article is applicable. [As aniefided by ch^ap.
820, Laws of 1913 ; chap. 537, Laws of 1916, and cli4ip. 703, Imics
of 1917-]
§ 8. Delivery of enrollment blanks to voters on
days of registration. When, in any political subdivision of
the state, a voter shall, at any of the regular meetings for regis-
tration in any year, present himself personally to the board of
election inspectors in any election district for registration, or if,
where his registration was not requii'ed to be personal and he was
registered without personal application, he shall present himself
personally to such board for enrollment only, his name and resi-
dence address shall be entered at the proper place in the two
original enrollment books for that district. After he shall have
been registered, and not before, as a qualified voter of that elec-
tion district for the next ensuing general election, the board of
clcH'tion inspectors, or a member thereof, shall forthwith and
Enbox.lm£nt of Votebs 9
before such voter leaves the place of registration, enter his enroll-
ment nnmhery beginning with number one for the first voter
enrolled on the first day, and so on in numerical order, opposite
his name, in the first column of the registration books and the
enrollment books, and shall write the name of the voter on the
blank having the enrollment number which shall be opposite his
name on the registration and enrollment books, and shall fill in
the other blank spaces on the enrollment blank, and shall deliver
to such voter an enrollment blank having his name on it. No voter
shall be given more than two enrollment blanks in any event, nor
more than one blank unless he shall spoil, deface, improperly
mark, or otherwise destroy the first blank given him. In case a
second blank is given him, the member of the board of election
inspectors in charge of the enrollment books shall draw a line
through such voter's enrollment number in the first column in
said enrollment and registration books, and shall insert in such
space in said columns the number which shall be upon the new
blank to be given him, which number shall always be the lowest
number of the enrollment blanks then unused in such election dis-
trict. lAs amended by chap. 537, Laws of 1916.]
S 9. Delivery of enrollment blanks to voters on
election day ivhere registration is not personal.
When, in any town or village in which personal registration is
not required, or in an election district a part of which comprises
territory in which such personal registration is not required, a
registered voter whose registration was not personal nor required
to be personal, and who was not enrolled on a day of registration,
shall present himself to the board of election inspectors in an
election district at a general election for the purpose of receiving
an official ballot to be 'voted thereat, his name and residence
address shall be entered at the proper place in the original enroll*-
ment books for that district. After he shall have voted, the board
of election inspectors, or a member thereof, shall forthwith and
before such voter leaves the polling place, write his name on the
enrollment blank having the lowest number of the blanks then
imused in such election district, shall fill in the other blank spaces
on such enrollment blank, shall deliver to him an enrollment
blank having his name on it and enter opposite his name in the
first column of the registration and enrollment books the number
on the blank delivered to him. No voter shall l)e given more
than two blanks in any event, nor more than one blank unless he
shall spoil, deface, improperly mark, or otherwise destroy the
10 The Eusctioj?: Law
first blank given him. In case a seeon<l UUnk is given ]ui% tine
member oi the board, of election ins^^ectoo^s^ in ckarge of the casoU-
ment books shall draw a Uue> through sush voter's enrolhaent
number iu the first column in said r^istratioix and emH>lhzienl
books> and shall insert in such space in sucb column the number
which sball be upon the new set to be given him, which number
shall also bo the lowest number on the enrollment blanks then
unused in sueb election district. EaroUment blanks tJiall be
numbered consecutively, beginning with the one succeeding the
last number used on the last preceding day of registraiiciu [As
aanended by chaj^ 537, Lati^ ef 1916^]
g 10. XciUMillvi€»t liqr iratem. Suck voter desiring to
enroll shall then enter a voting booth in said place of r^stzation
er polling, place, and, after living closed the door thereof^ may
make a cross X mark with, a peneU having blad: lead in the circk
underneath the emblem of the party of his selection and. idbere-
upen fold said enrollment blank so as to cooeeol the face tiiereof,
and, before leaving the place of registration or polling^ place,
shall forthwith deposit the same, aa so folded^ in. the enrollment
box in said place of registration or polling place in the presence of
the inspectors of ele<*tio«, without in any way indicating the
party witk which he has or has not enrolled, and the inspectors
shall thereupon enter in tlio enrollment books in the fifth colunm
thereof the word " ves." If a voter declines to enroll, he may
return the blank to the inspector in charge of the enrollment box,
and such inspector shall indorse the name of such voter thereon
and deposit the same in the cnrt^Ument box; and a like entry shall
be made opposite his name in the fifth column of the enrc41ment
hooks. The entries in the enrollment and registration books
required by this and the two preceding sections shalt be made by
a member of the board designated by the chairnaan.
One mark crossing any other mark at any angle within the
circle shall be deemed a cross mark within the meankiig of thia
article. [4s cmiended by chap. 537, Laws of 1W6*1
§ 11. Ey am i nation^ sealing amd ouatodtj of ensoll-
ment boxes* Before the entry of any enrollment number or the
delivery of an enrollment blank to any voter, in. any year, tiie said
enrollment box shall be examined by the board of electicm iuapeO'
tors and when empty shall be locked and sealed by thma ia sock
a manner that should it be opened such, seal would 1m bnokaft ; and
ENBOLL.MENT OF VOTERS 11
the same shall remain so locked and sealed until the same shall
be opened hy the custodian of primary records as hereinafter
provided. Said boxes shall be in the charge and keeping of tbe
custodian of primary records at all times except during hours
of enrollment. [As amended hy chap, 537, Loajus of 19W.]
§ lis. Clertificatioii and setsrecy of eurollmeiit oc-
curring on a day of registration, i. Except as otherwise
provided in subdivision two hereof, at the close of the last meet-
ing for registration in each year the board of election inspectors
shall severally subscribe and verify duplicate declarations, one
of which shall be printed in or attached to each of the original
enrollment books. Such declanitions shall be to the eflFect that
the persons shown by such enrollment l)Ooks are the only persona
who registered personally as voters in that district on any of said
days of registration or who, having been registered on any of
said days without personal application, thereafter applied for
and received enrollment blanks, and such declarations shall set
forth the number of the last enrollment blank used on such last
day of registration. Immediately upon the clo*?»e of each day of
registration, and before leaving the meeting place, the board of
election inspectors shall publicly inclose the fiai<l enrollment
hooks, togeftier with all records pertaining thereto, in a sealed
envelope, upon which shall be written or printed in distinct
characters the number of the election district Such envelope
shall rem-ain in the custody of the chairman of the board until
the meeting on the next day of registration, when it shall be pub-
licly opened. The envelope sealed at the close of the last day of
registration shtill, within twenty-four hours thereafter, be de-
livered to the custodian of primary records. Such envelope shall
remain sealed until the next Tuesday following the next ensuing
3ay of general election, except that in any election district in
which personal registration is not required or comprising terri-
tory in a portion of which personal registration is not required
such envelope shall be returned to the board of inspectors before
the opening of the polls on the day of general election, to be by
them opened and used and again delivered to the custodian of
primary records as prescribed in section thirteen. No member
(rf the board of election inspectors shall make, or allow to be
made, a copy of, or a transcript or statement from, the enrollment
hooks.
2. tn a city of over one million inhabitants, at the close of the
last meeting for registration in each year the board of election
12 TiiK Election Law
inapeetors shall severally subscribe and verify four declarations,
4>ne of which shall be printed in or attached to each of the orig-
inal registers. Such declarations shall be to the effect that the
persons shown by such registers are the only persons who regis-
tered personally as voters in that district on any of said days
of registration and shall set forth the number of the last enroll-
ment blank used on such last day of registration. [As amended
by chap. 678, La/ws of 1915, and 537, Laws of 1916.]
• ' § 13. Certiflcation and secrecy of enrollment oc-
icnrring on the day of general election. At the close of
the day of general election or on the following day in each year,
in an election district in which the enrollment of any voters is
permitted under this article on the day of such election, the
board of election inspectors shall severally subscribe and verify
duplicate declarations one of which shall be printed on and
attached to each of the original enrollment books. Such declara-
tions shall be to the effect that the persons shown by such enroll-
ment books whose enrollment number is higher than the last num-
ber used on the last preceding day of registration, constitute all
of the persons voting in that district at such general election
whose registration was not personal and who had not, after such
registration, applied for enrollment on a day of registration.
They shall inclose such enrollment books, together with all
records pertaining thereto, in a sealed envelope, upon which shall
be written or printed in distinct characters the number of the elec-
tion district, and shall wuthin forty-eight hours after the close of
such general election deliver the same to the custodian of primary
records. Such envelope shall remain sealed until the following
Tuesday. Xo member of the board of election inspectors shall
make, or allow to be made, a copy of or a transcript or statement
from the enrollment books. [As. amended by chap. 537, Laws of
1916.]
§ 14. Opening of enrollnient box and completion of
enrollment. It shall be the duty of the board of inspectors, or
one of them, at the close of the registration, and again at the
close of a day of general election where voters are enrolled on that
day, to deliver the enrollment box to the custodian of primary
records. All enrollment blanks contained therein shall remain
in such box, and the said box shall not be opened nor shall any of
the blanks be removed therefrom until the Tuesday following the
day of general election in that vear. Such box shall then be
Enrollmsnt of Voters 18
opeoed by the custodian of primary records, and the bla^iks con-
tained therein shall be removed thereupon by said custodian, and
the name of the party designated by each voter under such
declaration shall be by said custodian entered against the name
of such voter in the appropriate column of the signature copy of
the register in a city having more than one million inhabitantS|
and of the enrollment books elsewhere for the election district in
which such voter resides. Such enrollment shall be completed
before the succeeding fifteenth day of February in each year. If
rToss marks are found in more than one of the circles, or if no
cross marks are found in any of the circles of any enrollment
blank, the voter who used the enrollment blank thus deficient shall
not be deemed to be enrolled, and words indicating the reason
why such enrollment is not transcribed shall be entered against
the name of such voter in the signature copy of the register in the
column reserved for the entry of party enrollments, in any city
of over one million inhabitants, and elsewhere in the sixth column
of the enrollment books. When all of the enrollment shall be
transcribed from the blanks to the enrollment books or register,
the custodian of primary records shall subscribe and verify a dec-
laration or indentical declarations, one of which shall be printed
in or attached to each of the said original enrollment books or
roisters, which declaration shall be to the effect that he has cor-
rectly and properly transcribed the enrollment indicated on the
blank of each voter to the said enrollment books or registers, as
herein provided. [As ame7ided by chap. 678, Laws of 1915, chap.
537, Laws of 1916, and chap. 703, Laws of 1917.]
§ 14-a. Correction of enrollment lists. Any voter
who has been or shall have been enrolled with the same political
party for five years or upwards and who, at the time of marking
an enrollment blank on any day provided in this chapter for the
enrollment of voters, makes a mark in the circle beneath the em-
blem of a party other than the one with which he desired or
intended to enroll, by inadvertence, may at any time after the
completion of the enrollment in any year as provided in this
chapter and prior to the ensuing first day of July, have his party
affiliation changed upon the enrollment list by the custodian of
primary records with whom such list is filed by striking out tiie
name of the party with which he is thus wrongly described as
being affiliated and inserting the name of the party with which
he may declare that he is affiliated by making, subscribing and
14 The Election Law
acknowledging before any officer authorized by law to take the
acknowledgment of deeds for record in this state, and filing or
causing to be filed 'with snch custodian of primary records, a
statement embodying a declaration in snbstantially the following
form: "I, , do solemnly declare that 1 reside in
and am a dnly qualified voter of the
election district of such city (assembly district, ward
or town) ; that at one of the last preceding days for the enrollment
of party voters in such election district t received an enrollment
blank and made my mark in a circle under one of the party
emblems thereon, but such marking was done inadvertently and in-
dicated my enrollment with a party with which I was not then
Affiliated and with which I did not intend to enroll ; and I therefore
request that I be specially enrolled with the party.
I am in general sympathy with the principles of the
party. Tt is my intention to support generally at the next groerai
elec^tion the iioniinoes of such party. I have been duly and regularly
enrollod with such party for at least five years prior to the enroll-
ment at wliieh such mistake occurred. I have not participated in
any primary election or convention of any other party during siieh
period of five years." If any of the enrollment lists for the pre-
•ceding'five years in the office of such custodian of primary records
do not contain the name of such applicant, as an enrolled voter
of the party named in the statement, the custodian of 3)rimary
records shall require him to produce a transcript of so much of an
enrollment list as relates to Jiim, if any, from the office of the
custodian of primary records of the city or county ^in which he
may have been enrolled for such year or years, accompanied with
proof by affidavit showing his identity with the ' pei^scm ' whose
name appears in such transcript.
Upon the filing of such statement, and all ><^ther papers or cet-
tificates if required, the said custodian of primary records, if the
records support the truth of the applicant's statemefnt, ^shall cause
the request contained in such statement to be complied ^with, by
changing the entry relating to the lapplicant in .the enrollment
list to conform thereto and recording in the proper column .thereof
the reason therefor, including a memorandum ■ briofiy . deacribing
the papers filod in support thereof. [Added xhy -chip.'&^yLii^^
of 1912:]
Any voter who shall have become of age after tlie -lasfprreocdtn?
general decticfn -may -at any time on or before the fbtrrth Thresdrn
pitteedjiQgi.a&v'C^oial rpi^inuur; in tba yean following, avich general
eleetioo- bttBK>ine.^)^aUf exiroUed withaaj party aad have his'
nama added, to. tha.origi,DaL ^sxollment bo(^..of the 'election dia?.
trict in: whicbi be resides^ in the manner following:
He shall. naak©;i and acknowledge before aa officer authorized* to
take tho.proof-or acknowledgment of deeds^to be reoorded, and file^
or cause to be filed with the custodian, of primary records, a state*
ment embodying^ declaration in substantially the following form,
the blanks being properly filled in :
"I, , do solemnly declare that I reside^ at (here.
insert- residence address), and am a resident and*^ dtdy qualified**
voter of the election district of the-
assembly district (or of the ward' of thecity of ,
OP of the* town of in the couuty of ) ;
that I beeame of age since^ the last preoeding general election;
that I am in general sympaUiy with the principles of the^
party^ and it is my intention to support genexally* a#
the next gi«eral election, state> or national, the> nominees* of sucb
party for state or national offices^; that I have not heretofore ear
rolled with or participated in^ the primary election •of any party*
I therefore' request that I be speoiaUy enrolled with- tho»
party*
The sanse pavty name^ shall bo inserted- by the vot^ irr the tmi»
spaces provided therefor. A blank for 8U<di- statement- and appli»»
cation shall he> "prorideA' by the custodian; of primary records on
demand to any person, desiring to specially enroll under this seor
tion. The* mailing of such statement, and * application- from- aay
point within, the jurisdiction of such, custodiaxi, addressed to suchs
custodian at his office, properly sealed with postage- fully prepaid^
on orbefose the day herein provided for filing, the same, shall be
a sufficient compliance with tho requirementa.ofthisi section;
Upon; r«eoiving such statement, the custodian, of primary reer
ords shall enroll such voter with the said, party of. his choioe in thft
original enrollment books for tho proper election distriet, in. thai
same manotf as upon an enrollment blank de^)Ofiited:at one of thet
days of r^stration or oujthe day of general election; except thai
above tht^ surname of such. voter shall be. written the word." Spe^
cial" and above the Christian name the datS:of the fiJiug.or poeti
mark of -mailing;, of: s«oh statement and appiication. Voters speh
cially enrolled hereunder: shall be givea by the ^ custodian of pri-
niaiy reeordsvan? ^u'<ol]ment number begirniin^^ for the first votec
thus spoeially enisolledj with the numeral following, the highest
uimibeiv oik tha-enreUmemt' books . of those- enioUed: in: the* ^eotion
16 Tile Election Law
district at the preceding days of registration or general election.
The custodian of primary records shall endorse the corresponding
number on the statement of the voter to whom such number is
given. All such statements and applications shall be public rec-
ords and open to inspection and may be copied by any person.
They shall be kept on file for one year from the day of the next
ensuing official primary. [As added by chap. 244, Laws of 1914.]
§ 14«o. Special enrollment for certain voters fail-
ins to enroll on election or registration days in tl&e
year nineteen l&nndred and sixteen. Any voter who was
a member of the national guard of the state enlisted in the mili-
tary service of the United States on the Mexican border or else-
where and who failed to enroll at the general election held on
the seventh day of November, nineteen hundred and sixteen, or
upon any day of registration preceding such election by reason of
his absence on such service from the election district in which he
would have been entitled to enroll on such election day or regis-
tration dayfcj, may at any time between the first and thirtieth days
d June, both inclusive, in the year nineteen hundred and seven-
teen, become specially enrolled in any party and have his name
added to the original enrollment books in the district in which
he resides in the manner following:
He shall make and acknowledge before an officer authorized
io take the proof or acknowledgment of deeds to be recorded and
file or cause to be filed with the custodian of primary records a
statement embodying a declaration in substantially the following
form, the blanks being properly filled in:
I, , do solemnly declare that I reside at (here
insert residence address), and am a resident and duly qualified
voter of the ....... election district of the assembly dis-
trict (or of the ward of the city of ), (or
of the town of ) of the countv of ;
that during the months of October and November I was a mem-
ber of company . . . . , regiment, national guard of the
rtate of New York, enlisted in the military service of the United
States and stationed at . . T in the ;
that I was necessarily absent from such election district on the
last preceding election and registration days engaged in such
military service ; -that I am in general sympathy with the prin-
oiples of the PS^ty^ s^d it is my intention to sup-
port generally at the next general election, state or national, the
Enrollment of Voters IT
nominees of such party for state or national offices. I therefore
request that I be specially enrolled with the party."
The same party name shall be inserted by the voter in the two
spaces provided therefor. A blank for such statement and appli-
cation shall be provided by the custodian of primary records on
demand to any person desiring to specially enroll under this sec-
tion. The mailing of such statement and application from any
point within the jurisdiction of such custodian, addressed to such
cnstodian at his office, properly sealed with postage prepaid, on or
after the first day of June and before the first day of July,
nineteen hundred and seventeen, shall be a sufficient compli-
ance with the requirements of this section. Upon receiving such
statement the custodian of primary records shall enroll such voter
with the party of his choice in the original enrollment books for
the proper election district in the same manner as upon an enroll-
ment blank deposited on one of the days of registration or on tht^
day of general election; except that above the surname of the voter
shall be written the word " special,^' and above the christian name
the date of the filing or postmark of mailing such statement and
application. Voters specially enrolled hereunder shall be given
by the custodian of primary records an enrollment number begin-
ning, for the first voter thus specially enrolled, with the numeral
following the highest number on the enrollment books of thoao
already enrolled in such election district. The custodian of pri-
mary records shall indorse the corresponding number on the state-
ment of the voter to whom such number is given. All such state-
ments and applications shall be public records and open to inspec-
tion and may be copied by any person. They shall be kept on
file for one year from the day of Ae next ensuing official primary.
[Added by chap, 711, Laxus of 1917.]
§ 15. Enrollment for a new politieal party. Where
an independent body has become a party at a general election, an
enrollment of the members of such party shall be made in the
manner herein prescribed. After the first day of January and
not later than the second Tuesday of April in the year next suc-
ceeding that in which such independent body became a party, or
in the year nineteen hundred thirteen not later than June firsts
the custodians of the primary records throughout the state shall
cause to be mailed to all voters whose names appear upon the
latest registration lists of their respective districts and who are
not enrolled as members of any political party, at their respective
pofi^K^ffioe addi»Bi8% Gtanollmeiit blaziksG prmtai oxu wbita; papseort.
on the face of. which shall. be- printed: thejfDllQwing^ on the suit
stance thereof, the UankaLtO;h&filleadan.imtj^pe so far aaipossibie:
** Primary enmllment for year city, (or village^i: town)
of ; county of ; assembly difttriot-
(or ward or town)*; election^distrtot; enrolkneni nnm*
her- ; nanwof voter "
I, the undersigned,' do soleHmly deelaro' that I voted> in the.
above electioni district? at the general eleetion^ held (insert- dftteof
last general election) ; that I still residfe in- said election district;
and that my residence is at the address as giren below; tlwt lam
in general sympathy \vith the principles, of the party in the- circle
beneath the name and. emblem of' which P have made a- cross X
mark, and supported generally at the said . general election the
nominees of ^ the said* party, then an independent body ;• and that
I have not enrolled with aiiy other party since the fii'st- day of
January (here insert the year, in which the general eltetionwas
held).
Party Pkrtx
(Insert nmhlem) (Insert emblem)
(Voter sign here)
Residing at (The voter here inserts his residence)
"*Mtike a cross- X mark in the circle under the emblem of' the
party with which you wish to enroll for the purpose of participat-
ing in its primary elections during the current year, and write
your name and address in theblanks immediately under thocircle
orcircles."
The circles under- the emblems shall be- one inch in diameter
and in them nothing-shall 'beprihted: The^ party emblem shair b^
the same a»'thx>B» whioh-were^on, the- official* ballots for eadb inde^
pendent body> re^ectivel}^' tov which this- section is < applioahle;
over such emblem shall be printed in, type iclearly legible; the mame
of the ^ party repneeented by such emblem* TJie enrollment Wankfi
shall: have thereont only* the. emblem, of those partiea which were
independent bodies- and became parties^ at the laa^ pxacading,
general eleetion and shall' have the following instruetiasi Qr^ted:
Ejtkoll'mbnt op Voters 19
across 'the top of the -enrollment bhmks: *'^Fill out, sigii, and
return on or before the first Tuesday of June, nineteen hundred
and (here insert thecnrrcnt year) to .... (here insenihe nam©
or title of the custodian of primary records), at .... (here insert
the post office address, with street and number, if any, of the
custodian of primary records)?'
Each voter who shall have property signed such an enrolhneilt
blank and shall have either mailed or delivered the same to the
proper custodian of primary records on or before the first Tues-
day of June, of the then current year, or in the year nineteen hun-
dred 'thirteen on or before July first, shall be enrolled in his
proper and designated party, subject to all the provisions of this
chapter applying to enrollment books of party voters, and the
custodian of primary records shall enter against the name of each
roter in the appropriate column of the enrollment book for the
election district in which such voter resides the name of the party
with which such voter shall thus enroll. The postmark on any
envelope containing such an enrollment blank shall be deemed
conclusive proof of the date on which the same was mailed.
One additional copy of the said enrollment blank shall be
furnished to each voter who applies therefor. Additional copies
shall be furnished at the rate of twenty-five cents per hundred
to any person.
The enrollment blanks as soon as received by the custodia.n of
primary records from the voter shall bo public records? and shall be
open to inspection and copying at any time by 'any person. They
shall be kept on file for one year from the first Tuesday in Juneu
[As amended by chap. 687, Laws of 1913.]
•§ 16. ODuplicate earollmettt botflui. The custodian of
primaary Teoords shall annually provide a true copy, duly certified,
for: the fttote superintendent of elections and for each party of so
niuth of the said enrollment books as will give the names,
addresses and political affiliation of each voter. The said ew-
todian shall, in the month of February each year, deliver one such
certified copy to the state superintendent of elections and the
phairmnn of the proper county committee of each such party.
Such certified copies -shall conform in all respects to the form df
ihe original •enrollment books, or to the portion transcribed, as
thecase may be. The custodian of primary records shall certify
toiBUch thaiwnan^thtit each such copy is a correct transcript 'from
20 The Ei-ectioh Law
the original enrollment book, made during the days of r^istra-
tion of voters for or at the preceding general election. [As
tjmended by chap. 820, Laws of 1913 aaid chap. 537, Laws of
1916.]
§ 17. Use of duplicate enrolliiLent books at lu-
oflBLcial primaries. At all unofficial primary elections of a
party, the certified copy of the enrollment books shall be used, and
no voter shall be allowed to take part in such primary election as a
resident of an election district, unless his name is upon the certi-
fied copy of the enrollment book for that district, showing that he
is enrolled with the party in whose primary election he seeks to
participate.
§ 18. Use of original enrollment books at oAeial
primaries. The original enrollment books shall be used at all
official primary elections, and shall be delivered, as provided in
this chapter, to the proper boards of election inspectors immedi
sitely before the opening of the polls on each official primary day
and shall be returned to the custodian of primary records forth
with, after the completion of the canvass of the votes. Such en
rollment books shall go into effect on the first day of January fol
lowing days of registration on which they are begun, and shall,
with any additions or changes made as herein provided, remain in
force until the first day of the following January, when they shall
be superseded by the new enrollment books, as herein provided.
[-45 amended by chap. 244, Laws of 1914.]
§ 19. Riekt to enroll and vote at primaries* No
voter who has once enrolled in a political party shall be permitted
to enroll in another political party before the first day of the next
registration. Only voters enrolled as provided in this article shall
be entitled to participate in the official primary elections of their
respective parties. No voter shall take part in any primary elec-
tion of any party other than the party in which he shall at the
time be enrolled.
§ 19-a. Special enrollment after movins* If, after
being enrolled as a member of a party in one election district, by
original enrollment, a voter shall move into another election dis-
trict in the same assembly district, he may, at any time between
the first day of February of any year and the thirtieth day before
Enkollment of Voters 21
the annual primary day, become enrolled therein as a member of
the same party by making an affidavit before any officer author^
ized by law to take the same and filing, or causing to be filed, with
the custodian of primary records, such affidavit which shall
specify the name of the party with which, and the election dis-
trict in which he is enrolled, the street address from which said
voter enrolled, if any, the election district into which he has
moved and the street address of his residence therein, if any, and
stating that he resides in the last mentioned election district, and
desires to be enrolled therein as a member of such party.. Except
as hereinafter provided, upon the filing of such affidavit the cus-
todian of primary records shall enroll the name of such voter in
the original enrollment books for the proper election district,
specifying the district from which he is transferred and his new
residence address, and shall also make a minute, opposite the
entry of his name in the original enrollment books of the elec-
tion district from which he has removed, showing the election
district to which his name is transferred. Provided, however,
that in any city in which the registers of electors constitute also
the enrollment books, as now or hereafter provided by law, such
voter shall appear before the custodian of primary records and
deliver such affidavit in person and answer such questions concern-
ing facts aifectipg his identity as such custodian may deem neces-
sary. Such custodian shall compare the signature, if any, of the
voter on the affidavit with his signature on the register of electors.
If the voter be unable to write, the custodian shall submit to him,
in lieu of requiring his signature, the questions required for the
identification statement where an applicant for registry is unable
to write. In such city, if the enrollment of a voter be transferred
and if he be able to write, he shall also sign his name in the
appropriate column of the register for the district to which he is
transferred. In any assemblv district of the state, if such a
transfer be made, all entries relating to the enrollment of the
voter on the original books, and relating both to registry and
enrollment where the registers constitute the enrollment books,
shall be transcribed in the books for the district to which he shall
have moved. In any election district outside of such a city, the
custodian of primary records may in his discretion in any case
require the applicant to appear in person and answer such ques-
tions and, where personal registration is required, submit to such
signature test as may be necessary to satisfy the custodian of his
identity. Where an applicant for transfer is required either by
the provisions of this section or by the custodian of primary
a ' Tills Election La^
records to appear in person, in any political subdivision of the
Bjate, sucli cmstodian shall not transfer the applicant's enrolhnert
unless satisfied of his identity. Snch transfer of enrollment shall
be made but once during any year for which the original enroll-
ment was made. Nothing contained in this section shall be
deemed to qualify a person to vote at an official primary in the
district to which his enrollment is transferred if he be not a
resident of such district at the time of the primary and for thirtv
days theretofore, and he shall be subjetrt to challenge as provided
^^ in section seventy-two. [Added by chap, 587, Laws of 1916.]
§ 20. Ne'w or amended enrollment iKioks for
clianged districts. If in the interval between the days of
registration and the day of the fall primaiy in the succeeding
year, a new election district shall be created, or the boundaries of
an election district shall be changed, and such change or the crea-
tion of such new district is to take effect within such interval, the
custodian of primary records shall immediately prepare new
• wirollment books for sucb district from tbe enrollment books of
the districts covering any part of the same territory, which new
enrollment books shall be given the proper descriptive number of
the assembly district or ward, or designation of the town, and the
descriptive number of the election district, witbin'whicb they are
to be used but shall in other respects be in the same form and
exhibit the same facts as the enrollment books then in force in the
territory comprised within such new or changed district and shall
contain the names of all the voters, as shown by the enrollment
books then in force in such territory, who are the enrolled voters
of the respective political parties within, and who are shown by
such books to be residents of such new or changed election dis-
trict. If an election district, whose boundaries are not changed,
be given a new ivumber or become included in a different assem-
bly district, ward or town, within such interval, such custodian,
before the next official primary at which the enrollment books for
such new or changed election district may be used, shall appro-
priately change the descriptive number on such books of the as-
sembly district, ward and election district, or the designation of
the town, as the case may be. The certificate of such custodian
to the effect that such new or changed books are true and correct
and in conformity with this section shall be attached thereto.
New enrollment books, prepared pursuant to this section, shall
siTper?ede the enrollment books then in force in such territory
Enkoxlmbnt of Voters 2J
until a new eiirolLoieDt t];ier«iu takoa effect \mdei the other pro*
visioQg of thia article and the cufitodifim of primary records shajl
be chaxged with the same duties coiicerniug the same, including
the preparation of duplicate sets thereof or transcripts therefrom^
as are provided in this article with req)ect to books containing
enroIlmeBts begun on the days of registration. This section shafl[
not be construed to authorize any person to vote in such new ot
changed districts if he shall have ceased to reside in the territory
thereof at the time of tlie preparation of such new books therefov
or at the time he offers his vote at an official primary therein,
[Added hy chap. 537, Lam of 1916.]
§ 21. EBVoUnent IiooIka to 1m pvlilie reeords; toa»^
Mriptft of earoUm^nt* The enrollment books herein provided
for and any declarations filed on enrollment shall be public record^
and ahall be open to inspection and copying at any time and by
any person, except for the period during which they are r^
quired to remain sealed as herein provided. It shall be the'dutjr
of the custodian of primary records to certify to tho correctneM
of any transcript of such enrollment books, or of any part thereof
on the payment of one cent for every twenty names contained ift
the transcript. Wherever the custodian of primary records is t
salaried officer, the fees received by him for certifying such trant-
cripts shall be paid into the public treasury. Such a certified
transcript, containing the name and showing tho enrollment of
any voter, shall be sufficient evidence of sudb enrollment. Thai
custodian of primary records shall give to any voter enrolled at
in this article provided, a certificate of enrollment, which shaH
specify the name of the party with which he is enrolled, the dato
of enrollment and the election district in which such voter is eur
roHed* Declarations and enrollment blanks filed by voters shaU
be public records and shall be kept on file until one year there-
after. No person shall be required to enroll, nor shall his failure
to do so affect his right to register for the purpose of voting at any
election* [4* aanended hy chap. 820, Laws of 1913.]
§ 22. PnJUieatioB. of enroUmoAt* Xhe board of elec<
tioim; of every city of ibci first class containing within its bound*
^e^ more ihazi one coimtj shall and the board of elections of any
county c(»itaiiuQg a city of the first or second elass and when
%ttthoriis^ by the board of supervisors the beard of elections in
^ other county may, in its discretion^ cause to be published, for
24 The Election Law
each assembly district, within a county over which such board has
jurisdiction in pamphlet form, and at public expense a transcript
of the enrollment books of each election district in the assembly
district, omitting all entries except the names, the residence ad-
dresses, and the party, if any, recorded opposite the respective
names. Where an independent body shall hereafter become a
party at a general election held after the enrollment, of which the
Ksts may have been published imder the provisions of this section,
by the board of elections, a transcript of all entries upon the en-
rollment books added thereto under the provisions of section fif-
teen relating to enrolled voters of such new party, shall be pub-
lished in the manner hereinabove provided between the first
Tuesday in June and the first Tuesday in July of the year in
which an enrollment is had of the members of such new party
omitting all entries upon such enrollment excepting the names of
those enrolled with the new party, the residence addresses and the
name of the party recorded opposite each name; provided, how-
ever,* that if not more than one new party shall have been thus
created, the name of the party to which such transcript relates
may be placed at the head of the list and need not be repeatetl
opposite each name. The board of elections shall provide all such
transcripts for publication. [As amended by chap. 244, Laws of
1914.]
§ 23. Judicial review of enrollment. If any state-
ment in the declaration of any person, on the evidence of which
his name was enrolled in the original enrollment books for any
election district by the custodian of primary records, or if any
entry opposite the name of any person in such enrollment books is
false, or if any person enrolled in such enrollment books has died,
or has removed from or no longer resides in such election district,
any voter of the aissembly district in which such election ^district
is located (provided such voter is himself duly enrolled with the
same political party with which the person, as to whom the appli-
cation is made, was enrolled) may present proof thereof by affi-
davit to the supreme couit, or to any justice thereof, in the judi-
cial district, or to a county judge of the county, in which such
election district is located. And thereupon such court, justice or
judge shall make an order requiring the person against or as to
whom the proceeding is instituted, unless he is shown to have
died, as hereinafter provided, to show oause before such court,
justice or judge, at time and placs specified in such order, why
Enroli-mkxt of Voters 25
his name should not be stricken from such enrollment book. Such
order shall be returnable on a day at least ten days before a pri-
mary election, and a copy thereof shall be served on the person
against whom the proceeding h instituted and on the custodian of
primary records at least forty-eight hours before the return thereof,
either personally or by depositing the same in the post-office of
the city in which such election district is located, in a postpaid
wrapper or envelope addressed to tlie custodian of primary records
at his office, and to such person by his name at his present ad-
dress, if known, and otherwise at the address which appears in
the enrollment books for such election district. If the person
as to whose name the application is made is claimed to be dead,
the order to show cause hereinabove provided for shall be directed
to the 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 section speci-
fied; but an order requiring the custodian of primary records
to show cause why the name of a person claimed to be dead
should not be stricken from the enrollment books shall not be
niade unless the affidavit presented to the court, justice or judge
by the voter instituting the proceeding shall state that such voter
has personal knowledge of the death of the person with respect
to whose name the application is made and unless such affidavit
is substantiated either by a certificate of the health department or
hy other competent evidence of such death. The custodian of
primary records shall produce before the court, justice or judge,,
the original enrollment declaration subscribed by the person
against or as to whom the proceeding is instituted. The court,
jnstice or judge shall hear the persons interested, and if it appears
by sufficient evidence that any statement in the declaration of the
person against whom the proceeding is instituted, on the evidence
of which he was enrolled by the custodian of primary records, or
any statement opposite his name in the original enrollment books,
is false, or that sueh 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
books, except as hereinafter provided. If at such hearing the per-
son against whom the proceeding is instituted shall produce evi-
dence that the custodian of primary records has incorrectly copied
bto the esrollment books the data contained in the declaration of
Bnch person, and that if correctly copied such person would be
entitled to be enrolled in such election district, such order, instead
14 Tfl:« Election Law
bi requiring liie name to be strit5ken ftcmi the enTt)Ilment "books,
tliall require the <5orrection of the enrollitient books in accordance
with auch evidence. In cither case the order shall require the
•ttstodian of primarr rcoords to strike such name from the ffnroll-
mipnt books, or to otherwise correct such enrollment books in ac-
eordance with such order. Upon the correction of such enrollment
V)oks in accordance witli such order, the custodian of primary
records shall certify such correction to the chairman of the general
committee of each party to whom a duplicate set of enrollment
kooks has been delivered in pursuance of section sixteen of this
Aapteir.
S "84% Cevrectkyii of enroUnieiit wltli irearpeet to per-
•MKB itot In syiOLpatSiy witli party. If any person is not in
sympathy with the principles of the political party with which
Auch person is enrolled, any voter of the assembly district in which
«uch election district is located (provided such voter is himself
duly enrolled with the same political party with which the person
as to whom the application is made was enrolled) may present
proof thereof by affidavit to the chairman of the county general
committee of the political party with which the voter enrolled, aud
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 chair-
man, at a time and place specified in such notice wh^ his name
ghould not be stricken from such enrollment books. Such notice
ifhall be returnable on a day at least fifteen days before a primary
election, and a copy of the affidavit shall be served on the person
against whom the proceeding is instituted and on the custodian
of primary records at least forty-eight hours before the reluni
thereof, either personally or by depositing the same in the post-
office 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
flie enrollment books for such election district. The chairman of
such committee shall in his discretion personally hear the persor.s
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 coiintv
g'p^neral committee, and if it appears by sufficient evidence that
ENKOrLMENT OF VoTBES 2T
Eueli person, is not in sympathy with the priDcipIcs of the political
party with which such person enrolled, the chainnan of thd county
general eonunittee ^all ei»use to bo filed a certificate with the
board of elections or with the custodian of primary records settin(j
forth reaaoiks why the name of such person shall he stricken from
the enrollment books^ together with a record of the p^roceedingi
had in the matter. It shall be the duty of the board of elections or
the custodian of primary records to make application to the su-
preme court or to, any justice thereof in the judicial district, or
to a county judge of the county, in which such election district i$
located, for an order requiring the person against or as to whom
the proceeding is instituted to show cause before such court, jus-
tice or judge, at a time and place specified in such order, why the
dceision of the chairman of such county general committee should
Qot be confirmed. Such order shall bo returnable on a day at least
five days before a primary election, and a copy thereof shall be
served on the person against whom the proceeding is instituted at
least forty-eight hours before the return thereof in the manner
hereinbefore provided. The said court, justice or judge shall have
power to examine fully into the proceedings taken before such
chairman or subcommittee and to receive affidavits or other evi-
dence as to the manner in. which such proceedings were conducted,
and shall determine whether or not said proceeding was fairly con-
ducted and the finding made therein wa& made upon sufficient
grounds upon the merits, and he may approve or di3appi*ove such
finding as shall seem to him to be required to do substantial justice
to the party against whom the proceeding was instituted and with-
out regard to technical requirements. Th^ court, justice ot judge
open 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
voter to be strieken from the enrollment books.
§ 2SL Imve»ti«atiea of enroUmeiit. Whenever the state
superintendent of elections shall requii^e, it shall be the duty ol
the chief of police and of every captain^ in every city of the state
to forthwith cause an investigation of each name enrolled in his
preeinct to he made and to report to the state superintendent of
<^leetion8^ at his office, in such city or at such other office as the
state superintendent of elections may in writing designate any
^aj^e of false enrollmtait there found. It shall be the duty of the
hoard of elections of the county or of such city to furnish to the
28 The Election Law
chief of police and i)olice captain a printed or typewritten list
of the enrolled voters of such city and afford necessary facilities,
including clerical assistance, to either such chief of police or
police captain, to transcribe the whole or any part of the enroll-
ment list, in aid of the dutj" of investigation imposed on hini
under the provisions of this section. [Added by Chap, 537,
Laws of 1916.]
^ ARTICLE 3
Party Orgranizatioil
^Section 35. Party committees.
36. State committee.
37. County committee.
38. Election of members of state and county committees.
39. Fornfation of committees other than state or county
committees.
40. Organization and rules of committees.
41. Review of election of committees.
42. Removal of member of committee.
43. Vacancies in state or county committees.
§ 35. Party conuiiittees. Party committees shall consist
of a state conmiittee, county committees, and such other com-
qiittees as the rules and regulations of the party may provide.
I As amended by chap. 820, Laws of 1913,]
§ 36. State eonunlttee* The state committee of each
party shall be constituted by the election from each assembly dis-
trict of one member who shall be an enrolled voter of the party
within said district. Each member of a state committee shall be
entitled to one vote.
In case of the death, declination, disqualification, removal from
district, or removal from office of a member of a state committee
or the failure to elect a member as by reason of a tie vote, the
vacancy in such state committee caused thereby shall be filled by
the remaining members of such state committee as provided iu
section forty-three of this chapter.
In the event of a change of the boundaries or designation of
assembly districts after the elec^tion of members to such state
committee, members thereof shall represent for the balance of
1 Entire article amended by chap. 801, Taws of 1911.
'9 Schedule of section headings amended by chap. 820, Laws of 1913,
Party Organization 29
their term, the district in which they reside, provided there is
only one such member resident in such district. If no member,
or more than one member, be resident in such district so changed,
a vacancy from such district shall be deemed to exist which shall
at a meeting, of which every member shall have three days' notice
by mail from the chairman of the county committee, be filled by
the members of the county committee residing in such assembly,
district until the next official primary election, at which time such
vacancies shall be filled by election in the manner provided in
this chapter for the balance of such term. [As ameiided by
chap, 4, Laws of 1912, chap. 820, Laws of 1913, and chap. 537,
Laws of 1916.]
§ 37. Connty eonunittee. The county committee of each
party shall be constituted by the election in each election district"
within such county of at least one member, and of such additional
members as the rules and regulations of the parly may provide
for such district, proportional to the party vote in the district
for governor at the last preceding gubernatorial election, or in
ease the boundaries of such district have been changed or a new
district has been created since the last preceding gubernatorial
election, proportionate to the party vote cast for member of assem-
bly at Ae last preceding general election ; and in any county hav-
ing one million or more inhabitants, where the county committee
of any party, by its rules and regulations, is constituted by the
election of county committeemen from each election district pro-
portionate to the party vote in such district, an additional member
shall be elected at large ^rom each assembly district or aldermanic
district in such county, if the said county committee shall by its
rules and regulations so provide. If, in any county, no additional
members are provided for by rules and regulations, the voting
power of each member shall be in proportion to such party vote.
In a county in which additional members are so provided for,
on the basis of the party vote in election districts, or from assem-
bly or aldermanic districts, each member of the committee shall
have one vote. Each member of a county committee shall be an
enrolled voter of the party residing in the assembly or aldermanic
district from which or in the asBerably district containfns: the
election district in which he is elected.
In case of the death, declination, disqualification, removal
from district or removal from office of a member of the county
committee, or the failure to elect a member, as by reason of a tie
vote, the vacancy in such county committee causcfl thereby shall
30- Tiij: Electjcmt Lawt'
be filled by the remaining membera of suck, county committee as
provided in section, forty-three of this- chapter. lA'Sr added by
chap, 820, Laws of. 1913 and amended by, cha^ lOif Latos. of
n>16, and- chap. 703, Laws^of 1917.]
§u38. Election of^members^of state ^aitdlooiiil'^ eom-
ntittees. Membera of. the state and count j commit tees, shall be
elected at official, primary elections as herein provided for. Mem-
bers of the state committee shall be elected .biennially in. each. eveu.
numbered year. Memherfl of county coxanaittefis shall, be elected
annually.
Members of both committees shall be elected at faU.pEcimazicBf
except that in a year when a president of the United States is
to be}deGted;.8udx'n!ie«ihers of comznittBBS^aliall'be eleeted at the
spring: primary; Tihe members of/ eithea-r committee sKalL hold,
office, until the:elac;tibn.of- their aueeeiBaorau [-As amaniedJr^ c&ap..
4| Laws'of 1912i.anrf(cfcap. 820, Laws o/. iai8;]
§ 39. FocmaildboA. of. conunittee^ otlies* than, staiaior
county conunitteejs^ All oommittee»T otheri than- state, and
county committees- shall. bO' formed in the manner provided forhy
tlio rules, and regulationsrof the party.. [^A^. added hy^ cAap^. 820,
T^ws of 1913.]
§'. 40. Organidcation and rules of conunittoAs*. Every
state and county, committee, shall within^ fifteen, days after. theiV
election meet and orjj^^nize by the election>of. a. chairman,, treaj^-
urer and secretary, and such other, officers as its rules may pro-
vide, and within three days thereafter file with, the secretary of
state and the board of elections of the county a. certificate- statii^
the names and postoffice addresses of such, officers.
Each committee may prepare • rules and. regulations for the
government of the party and the conduct of tho official primarie:>
within its political subdivision, which/ ma^' include the payment
of dues. Within three days after the adoption of such rules- and
regulations a certified. copy of the same shall beprepared and fileti
by the secretary with, the custodian of primary records for the
political subdivisions for which such committee is to serve aaJ
also a certified copy with the secretary of state. Such rules- shall
continue to be the rules and r^ulations for the committee until
they are amended or new rules adopted* Such. rules andregulatioDS
may be amended from time to time by majority vote of the cem-
mittec, provided a copy of tho proposed, amendment shall hesani
Desig^A9io«« *asst> ^N'ominations -31
with the notice of the meeting lit ^vdiich'BudhJHnBendBientB care ^tb
be proposed, such notice to be>not iess than 'five days before such
meeting, and to be mailed at the poetof&e address df eaiflh member
of the committee. Until the adoption of -«ueh "rules and regula-
tions, the rules 'and regulations of 'the e^iatingeommittee, so far
as consistent >with this chapter, shall continue .4;o*be the rules and
regulations of the party for -that T)olitical subdivision. [As
amended by chap. '820, Xaws of IQlS-y^chap. 537, Laws of 1916,
and chap. 703, .Laws of 1917.]
§ 41. Review of electltonri>f v^eonsmitteBB. .The election
of members to any party committee may be reviewed by^ summary
proceedings before the supreme court or a justice thereof, as pro-
vided'for in lectiDn'fifty^ix of this act, upon the petition of 'any
person qualified to vote at the primary election of the party ^which
-tarfi ieo(mmittee Tdpresents. [As amended by chap, 4, Laiws of
19I2,'«nd'«*<t;;. 820, Laws of 11TI3.]
§ ^42. ^RemoiFal tlf meiiArer ot connnlttee. ' A member
of a paTty committee may be removed by such committee, for dis-
loyalty to the party or corruption in office, after notice and a hear-
ing upon written charges, to be 'heard by the committee or a sub-
committee thereof appointed for that purpose, which shall report
its'findiijgs to the full committee. The action of any committee
in 'removing a member thereof as herein provided for may be re-
viewed in a summary proceeding before the supreme court or by
a justice thereof, upon a 'petition of the person so removed. [As
tmend^d'by chap. 820, 'Laws of 1913.]
.§*.43. VaiMinoies dn .state ^ar oounty .coaunittees.
Except > as otherwise provided in this article, * where a vacancy
occurs in any state or county committee, such vacancy shall be
fiUedby .the remaining -members of said committee by the selec-
tion of an enrolled voter of the party qualified for election from
the unit of representation as to which said vacancy shall have
occurred. [As added by chap. 820, Laws of 1913, and chap. 537,
lams of 1916.]
Party Nominations and Designations
^Section- 46. Direct nomination of candidates for public office.
46. Desifi^nations ; how made.
^'Entire article amended !»y chap. 891, Laws of 1911.
* Schedule of section headings and title amended by chap. S20, Laws of 1013.
82 The Election Law
Section 48. Designations by petition.
49. Filing of designations.
50. Declination by person designated.
51. Certification by secretary of state.
52. Vacancies in designations, how filled.
53. Delegates to national party conventions.
54. Presidential electors.
55. Existing state and county committees continued
55-a. Objections to designating petitions.
56. Contests; judicial review.
58. Official primary ballot.
§ 45. Direct nomination of candidates for public
office. Party nominations for all offices to be filled at a general
election, except town, village and school district offices and electors
of the president and vice-president of the United States, shall be
made at the fall primary next preceding such general election by
the enrolled voters of the party as in this chapter provided. Nomi-
nations of party candidates for town, village and school district
offices shall be made in the manner prescribed by the rules and
regulations of the county committee of the county wherein sucli
town, village or school district is located. Nominations of party
candidates for city offices to be filled at an election held at a
different time from the general election shall be made directly at
unofficial primaries by enrolled party voters.
Nothing contained in this chapter shall prevent a party from
holding party conventions, to be constituted in such manner, anJ
to have such powers in relation to formulating party platforms
and policies and the transaction of business relating to party
affairs, as the rules and regulations of the party may provide, not
inconsistent with the provisions of this chapter. Delegates to any
such convention and members of party committees, other than
members of state and county committees, shall not be chosen at
official primaries or otherwise at public expense. [As added by
chap. 891, Laws of 1911, and amended hy chap. 820, Lww$ of
1913, and chap, 5, Laws of 1914.]
§ 46. Designations; how made. Designations of candi-
dates for party nominations or for election to party positions shall
he by petition only, in 'the manner provided by this chapter. [As
added by ch^p. 820, Latvs of 1913.]
Designations and Nominations 38
§ 48. Desigiiatioii by petition. i. Every petition for
flie designation of a candidate for party nomination or for elee-
fion to a party position shall be in substantially the following
jbrm:
I, the undersigned, do hereby certify that I am a duly enrolled
voter of the party, as hereinbelow specified, and
eatitled to vote at tlie next primary election of said party, that ray
place of residence is truly stated opposite my signature hereto,
and I do hereby designate the following named person, or persons,
a« a candidate, or candidates, for nomination by the
party for public office, or offices, or as a candidate or candidates
for election to the position or positions, of the said party to be
voted for at the official primary election to be held on uie
day of , A. D., , as hereinafter specified,
and it is my intention to support at the ensuing primary the can-
didacy of the person or persons and each of them herein desig-
nated by me.
Name Public office Place Place
of candidate, or party position. of residence. of business.
I do hereby appoint (here insert the names and addressee of at
least three persons, all of whom shall be enrolled voters of said
party) as a committee to fill vacancies in accordance with the
provisions of the election law.
Tn witness whereof, I have hereunto set my hand the day and
year placed opposite my signature.
Election district,
Date. ]!?^ame of signer. Residence. town or ward.
STATE OF NEW YORK, 1
County of j ss. .
On this . . day of , in the year ,
before me personally came (here shall be inserted the names of
2
34 The Election Law
eaeh and every voter appearing and making oath before the said
officer) each of whom was to me personally known and known
by mo to be the voter whose name and place of residence is sil^
scribed by him to the forej^ing certificate and each of the fo#
going voters being by me duly and severally sworn did make os^
that he is a voter and has tmly stated his residence, and that 'K
is his intention to support at the polls the candidacy of the persot
or persons designated for nwnination for public office in the fore-
going certificate of designation, if the same are nominated.
(Signature and official title.) ''
2. Any signature to a designating petition for the primary m^j
as an alternative be authenticated by a qualified witness in w
same manner as in the case of a nominating certificate for Se
electiop, as provided in section one hundred and twenty-three ;<rf
the election law, the forms and procedure being changed to appJy
to the primary instead of the election, and with like penalty for
any false affidavit, certificate or statement by any person. No
signature to a designating petition shall be counted unless auth^-
tieated either by acknowledgment or by a witness as aforesaid.
• 3. A petition for the designation of candidates for party nomi*
nation or for election to party position may designate candidates
for nomination for one or more public offices, or for election te
one or more party positions, or both.
4. Petitions for the designation of candidates for party nomina-
tions or for the election of candidates for party positicms or both
ihall be signed by enrolled voters resident within the political
subdivision or unit of representation for which the nomination or
election is to be made to a number eqnivalent to not lees than three
per centum of the total number of enrolled voters of the party
residing within said political subdivision or unit of representa-
tion, as determined by the last preceding enrollment, provided,
however, that for the following officers the number of signatures
need in no case exceed the following fixed limits:
For the office of United States senator or for anv office to be
filled by all the voters of the state, three thousand signatures;
For the office of justice of the supreme court, judge of the
court of general sessions in the city of New York, and judge of
the city court of the city of New York, fifteen hundi-ed
signatures ;
For any office to be filled by all the voters of a city containing
naore than a million inhabitants, fifteen hundred signatures;
For any office to be filled by all the voters of any other city of
the first class or of any county or borough containing more tlian
DESIOTfATIOlfflf AND NoMINA'TW^NS ' 3tS
two hundred and fifty thousand inhahitants^ according to the last
l^eding federal or state enumeration, one tliousand signature^;
ii7^or any office to be filled hy all the voters of any county or
Iftrou^ containing more than twenty-five thousand and not xrver
tmo kundred and fifty thousand inhabitants according to iSie last
Ifipeceding federal or state enumeration, or of any city of tihe second
<|IflSB, or of any congressional or senatorial distri^J, five htindred
fl^alPures;
^, For any office to be filled by afl the vomers (rf tiny ofker ecranty
or of any city of the third class or of any assembly district, two
h'Bndred tind fifty signatures.
For any office to be filled by the voters of any political suV
^t^vision contained within another political subdivision, not to ex-
<;^ the munber of signatures required for such larger suk-
!J^sion; and for any office to be filled by the voters of a
sxibdivision containing more than one assembly district, county
or other political subdivision, not to exceed the aggregate of the
filatures required for the subdivisions or parts of subdivisions so
<t^»rtained.
5. All papers signed and verified in the manner and form above
prescribed for the purpose of designating the same candidate for
namination for the same public office or the same party position
shall, when bound together and offered for filing as provided in
this chapter, be deemed to constitute one petition with respect to
said candidate.
No enrolled voter diall join in designating a greater number oJ
candidates for party nominations for a public office or for election
to a party position Ihan the number of persons to be elected
hereto. Where an enrolled voter shall sign any petition or peti-
tions designating a greater number of candidates than he is per-
mitted to designate as aforesaid his signatures, if they bear the
same date, shall not be counted, and if they bear different dates
ihey shall be counted in the order of their priority of date and
only so far as he was entitled to make designations. A signature
aiade earlier than eleven weeks before the official primary shall
be void and of no effect ; but if bearing a date within such period
it shall be coimted in the first instance by the board or officer with
which or whom the petition is offered for filing, subject to judicial
review if objections be filed under section fifty-five-a of this
chapter. lAs amended by chap, 820, Lavjs of 1913, chap. 678,
Laws of 1915; chap. 537, Laws of 1916, chap. 703, Laws of
1917, and chap. 723, Latvs of 1917, and suhdivmon 5 amended
hj chap. 778, Laws of ID 17.]
86 The Election Law
§ 49. Filing of designations. 1. Where to be filed. All
designations of candidates for offices and for election to party pori-
tions shall be filed with the officer with whom ind^endent certifi-
cates of nomination for such office or offices are required by this
chapter to be filed. All designations filed in accordance with the
provisions of this section or certified copies thereof shall forth-
with be conspicuously posted by the secretary of state or custodian
of primary records in his office, and shall remain so posted until
primary day, and shall be open to inspection as public records at
all reasonable hours; and each such officer shall provide ample
and sufficient facilities for keeping and posting said records mJ
for making copies of the same. Forthwith upon the filing of a
petition designating a person for nomination to public office,
the board or officer with whom the same is filed shall mail notice
thereof to each person named as a candidate for nomination to
such office in such petition.
2. When to be filed. All designations shall be filed not earlier
than the fifth Tuesday and not later than the fourth Tuesday pre-
ceding the primary at which the candidates therein designated
are to be voted for. All designations shall at the time of the fil-
ing thereof be stamped or indorsed by the secretary of 8tate» or
the custodian of primary records, as the case may be, with the
day, hour and minute of such filing. [As added by chip. 891,
IjOavs of 1911, amd amended by ch<ip. 820, Laws of 1913, c/wp.
244, Z/atws of 1914, wiid chap. 537, Laws of 1916.]
§ 50. Declination by person designated. The name of
a person designated as a candidate for nomination or for party
position shall not be printed on the offixnal ballot if he notifies the
officer with whom the original certificate of his designation is
filed in a writing signed and duly acknowledged by him that he
declines the designation. Such declination, to be effective, must
be filed within three days after the third Tuesday preceding the
ensuing primary. The officer with whom such declination is
filed shall forthwith inform by mail or otherwise the committee
authorized to fill vacancies in designations, and if such declifla-
tion be filed with the secretary of state, such officer shall also give
immediate notice by mail or otherwise of such declination to the
several custodians of primary records for the election district*
affected by such declination. The vacancy created by such
declination shall be filled not later than the second Tuesday pre-
ceding the primary election.
(
I
DfiSiaNATIONS AND IToMINATlONS 37
'1^ If a candidate desi^ated for nomination does not decline the
i^ignation within the time hereinbefore mentioned, and he is
ithereafter nominated at the official primary election, his name
^idiall be printed on the official ballot as the candidate of the party
yist body holding the primary, and he shall not be permitted to
decline such nomination. [^As added by chap. 891, Laws of 1911,
and amended by chap, 820, Laws of 1913; chap. 244:, Laws of
1914, and chap. 703, Laws of 1917.]
•»•
v § 51. Certifleation by secretary of state. The secre-
Jjary of state shall not later than the second Thursday before
. an official primary election, except a primary election held to nom-
jijaate candidates to be voted for at a special election, prepare and
^nsmit to the several custodians of primary records within the
•political subdivisions where the candidates, designations of whom
have been duly filed with him are to be voted for, a certificate
setting forth the names and residences of such candidates and the
titles of the offices for which they are named, and the name of the
ftfirty upon whose primary ballot their names are to be placed,
^d the order in which such candidates' names are to be printed
under the title of an office or party position, and the order of
groups of candidates for the same position, if any. [As added
hy chap. 891, Laws of 1911, and amended by chap. 820, Laws
of 1913, and chap. 244, Laws of 1914.]
§ 52. Vacancies in desisnations, how filled. If a
candidate regularly designated for election to party position, or
for a party nomination for public office, declines a designation or
dies before the primary day, or is found to be disqualified to hold
the office or position for which he has been designated, the commit-
tee to fill vacancies, if any, which may be appointed by the signers
and shown upon the face of the petition of designation, may make
a new designation, to fill the vacancy so created, by making and
filing with the officer with whom the original designation was filed
a certificate setting forth the cause of the vacancy, the name
of the person designated by them, the name of the original can-
didate, and the name of the party for whose primary the original
designation was made. Such certificate shall be subscribed and
acknowledged by a majority of the members of the committee to
fill vacancies, who shall severally make oath that the matters
therein stated are true, to the best of their knowledge and belief,
and when so filed such certificate shall have the same force and ef-
fect as the original designating petition. In case such certificate
shall be filed with the secretarv of state, be shall forthwith certify
38 The JElection Law
to the proper custodian, or ouetodiaHS, of primary records the name
of tlie person designated 'bj si&cb eertUbaie and sucih other iaoj^
.as iire required to he stated herein. In case £he certificate frqgi
the aecietary xif state shall he received 'by a custodian a£ prima^
reoords, or an oadginal certificate of designation as in tki& se^
tion provided for shall be filed with him, After ^£he official hallate
have been printed and before primary day, it shall he iiis ijaJ^
to prepare and furnish to the inspectors of ejection in each ek^ :i
tion district affected adhesive pasters containing the name of thfl i|
candida^te deeigxiated ^o £11 i£e vacancy wiO^ 4irceti<»is for the J
proper use ^dierBof. The pasters shall he mi pbdn ivhite papB):, I
printed in pboi HaA iaxk and in the saniB kind of type used id
printing ihe nasnes of the candidates npon llie official ballots,
smd shall be t)f a size as lai^e as and bo famger lliaDi the spape
occupied upon liie official ballot by ihe name of Ihe candidal
in whose plaoe the candidate named upon the paster bae been
(designated. Whenever saoh pasters arm pnmded, ibe effioer oi
board foroiidiiiig them shall certify, to the inspectors of deetieii
in Idle dectiom distrdets affected by the Tftcancy, 1^ Aame of die
penum originally idesignated, the nasne of 1^ person nlesignated
in the new certi&oiike, Ibe titie of iiie office or party positifni lor
whicii the deaigna:tion i« XEade, the name of ^e potitical parly
to wlii^ the <MD(Bimittee malcing 4iie designation belongs, and shall
state the number of pasters furaished, which iran^er shidl be
equal to the number of official ballots furnished for each such
districts Upon the delivery of said pasters the inspectors of
election ^bsll sign and recmpt for the same, which receipt Aall
le retained by the officer or board furnishing Ihe pasters^ and
shall be part of the record of his or their offica The in^>ectors
shall affix one of such pasters in the proper place and in a proper
manner npon each official ballot before such ballot shall be de-
livered to a voter. When so affixed to an official ballot Ihe paster
shall be -a part of flie official ballot The inspectors AaH in-
clude in their statement of ballots a statement showing the num-
ber of pasters received by them, the number of pasters affixed
to official ballots and the number of imused pasters returned by
them, the unused pasters to be inclosed in tJie package of ballots
not delivered to voters. The use of any paster upon the official
ballot otherwise than as herein provided is hereby prohibited.
lAs amended by chap, 820, Loavs of 1D18.]
§ S3. Delegates to national party oonveatioas. The
rules and regulation of each political party may prescribe that tlw
Designattoits Aim J^oin^fATioNs 89
00
ttelegates and ahemates to a national convention of that party shall
fie elected from congressional districts^ e» partly from the state at
Uirge and partly from congressional districts but suck rules shall
ifot provide for the election of more than four delegates and four
Alternates from the state at larga
^ In each year when a president of the United States is to he
^ected^ delegates and altemates-at-large, and district delegates and
Mtemates^ to national party conventions shall be elected- at the
spring primary. Candidates for the position of delegates and
|Itemates-at-large to said conventions shall be desispaated in the
same manner as prescribed by this chapter for the designation of
candidates for party nominations^ for offices to be filled by the
yotersi of the entire state^ and district delegates and alternates to
said convention shall be designated in the same manner as prcr
scribed by this chapter for the designation of candidates for party
nominations for the ofSce of representative in congress ; save that
the time for filing designations as hereinbefore prescribed shall be
computed with respect to the spring primary instead of the fall
primary. ^As amended hy chap. 4, Laws of 1912, and chap. 820^
Laws of 1913.]
§ 54. Presidential eleetors. In each year when a presi-
dent of the United States is to be elected, candidates for the office '
of elector for presidcmt and vice-president of tlio United States
shall be nominated by the state committee of each of the parties to
which this act applies, one for each congressional district, and two
at large. The candidates so nominated shall be certified to the
secretary of state in the same manner as party nominations for
atate offices.
§ 5& EadL»ting state and eoimty committees con«-
tinned. Party state and county conmrittees now existing shall
continue until their successors arc elected as provided for in thi^j
act [As amended by chap. 4, Laws of 1912, aiid chaps. 587 and
»20, Laws of 1913.]
§ 55-a. Objections to designating petitions. A
written objection to any petition for the designation of a candidate
for party nomination or for election to party position may be filed
with the board or officer with whom the original petition is filed
within three days after the filino- of such petition. If such objee-
tion be filed, notice thereof shall be given forthwith by mail to the
40 The Election Law
committee, if any, appointed on the face of such petition for the
purpose specified in sections forty-eight and fifty-two of this chap-
ter, and also to each candidate designated hy such petition. The
questions raised by such written objection shall be heard and deter-
mined as prescribed in section one hundred and twenty-five of
this chapter. The supreme court, at special term, in any judicial
district in which two or more proceedings are pending in such dis-
trict under the provisions of this section may, by order, consoli-
date all such proceedings and provide that further proceedings
therein be had before such court at special term, in all cases where
the question or questions involved are identical. If one or more
of such proceedings be pending before a justice or county judg^,
notice of such order shall be forthwith given to such justice or
judge. [As added by chap, 820, Laws of 1913, and amended hy
chwp. 244, Laws of 1914.]
§ 56. Contests; judioial revieiRr. Any action or neglect
of the officers or members of a political convention 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 an;*
party, or with regard to any right given to or duty prescribed for,
any voter, political committee, political convention, officer or
board, by this article, shall be reviewable by summary proceedings
upon the petition of any person aggrieved thereby, or upon a
petition presented by the chairman of any political committee,
which summary proceedings may be instituted before the supremo
court or a justice thereof within the judicial district where the
transaction, act or neglect of duty took place. Such proceedings
shall be heard upon such notice as the court or justice thereof
shall direct. In reviewing such action or neglect, the court, jus-
tice or judge shall consider, but need not be controlled by; any
action or determination of the regularly constituted party au-
thorities upon the questions arising in reference thereto, and shall
make such decision and order as, under all the facts and circum-
stances of the case, justice may require. For the purposes of this
section^ service of any notice or order or other process of the court
or justice thereof upon the chairman or secretary of a committee
or board whose action is sought to be reviewed or directed shall
be sufficient. The action of any custodian of primary records in
canvassing and certifying the result of any primary election, or of
the secretary of state in preparing and certifying the list of
Desiona'jions and Nominations 41
members of a state committee, may be reviewed in like mau-
iier by the supreme court, or a justice thereof, which by order
•^lay make any change in the result of such primary election as
certified to by the custodian of primary records, or any change or
alteration in the list of members of a state committee prepared
by the secretary of state, as justice may require. The change or
alteration so made, if the result is as to the nomination of a candi-
date for an elective office, the name of the person so adjudged to
Jbave been duly nominated in accordance with the provisions of
this chapter at such primary for such elective office shall be
placed upon the official ballot as the candidate for the party hold-
ing such primary. Proceedings taken under this article shall have
precedence and priority over all other actions and proceedings in
the supreme court or before a justice thereof. The court, or a
justice thereof, upon such proceeding, shall have the right to sub-
poena and examine witnesses^ or in its discretion to hear and deter-
mine the case upon affidavits. In case the court or a justice thereof
should find and determine that both parties to the controyersy had
been guilty of frauds or that the primary has been so permeated by
fraud as to render it impossible for him to determine the true re-
sult of such primary and who was elected thereat, such court or
justice shall have the right to direct the holding of a new primary
at the same place and in the same ipanner as the regular official
primary. The court, or justice thereof, in case of ordering a new
primary, may include in such order directions for the canvassing
of the vote of such new primary. ^As amended by chap. 820,
Laws of 1913.]
§ 58. Oi&cial primary ballot. There shall be prepared,
printed and supplied in the manner hereinafter provided, for use
at official primary elections, official primary ballots, and except as
otherwise expressly provided in this chapter, no other ballot shall
be used at an official primary election.
Ifo names of candidates for any nomination to public office
or election to a party position shall be printed upon the official
primary ballot, except upon designation duly made as prescribed
in this chapter ; nor shall any names, words, or signs, or writing
whatever be printed, written, stamped or in any manner placed
upon an official primary ballot except as herein provided.
The official primary ballots shall conform in quality, weight,
and style of printing, to the ballots prescribed in this chapter for
use at the general election, excepting that the title of the party
42 , The Election Law
pofiition or office shall be printed in a space three-eighths of an
inch in depth, and the name of the candidate therefor shall h^
printed in a space one-fourth of an inch in depth, instead of one-
half inch. The ballots of no two parties diall be of the same co\ot^
The secretary of state shall designate the color of ballots for each,
party. The ballot shall be printed upon the same leaf with th,e
stub and separated therefrom by a perforated line. The par^
above l3i© perforated line, designated as the stub, ^all extend the
entire width of the ballot, and shall be of sufficient depth to allow
the following instructioxra to TOters to be printed on the face
thereof in type known as brevier, with the word ^^ Instrtictions ^,
in larger type a^ove:
" This ballot must be mtirfced with a pencil having black leadl
To vote for any candidate whose name is printed on this balldfc
make a cross X mark in the voting space at the left of the name.
To vote for any person whose name is not printed on this balloti
write the name of such person in the blank space provided foi?
that purpose under the title of the public office or party positioii
to which you wish him nominated or elected. Any other nMrk
than the cross X mark used for the purpose of iroting, or any
erasure made on this ballot, makes it ^oid, and it cannot be
counted as a vote for any candidate. If yen tear or deface or
wrongly mark this ballot, return it and obtain another, but only
one additional hallot may be thus obtained."
Upon the face of the ballot and directly below the perforated
line shall be printed the following: " Official ballot for the
primary election of the (name of party) party," the name of tho
county and town or city ; the date on which such primary is ield :
the party emblem; the assembly district number, number of the
ward (in any city divided into wards), and the election district
number, directly below which shall be printed a heavy black
horizontal line.
The face of the ballot below the perforated line shall be divided
into two parts by a heavy black vertical line one-fourth of an
inch in width. Immediately below the perforated line in the
center of the space a:t the left of said vertical line shall be printed
the caption "*^ Candidates for nomination for public office." Under
said caption the names of candidates for nomination for pubKc
office shall be printed under the titles of the respective offices for
which they are candidates respectively, in cental letters in Uack-
faced type not less than on&<eighth nor more than three-sixteenths
of an inch in height, so that the names of all candidates for noQU-
Designations and JTominations 43
tfation for an office shall ie printed under tlie^ title of aa>^ office^
snd BO tbat the said c^ccs shall appear in tho 8aia& consecutive
order in which they appear upon the official ballot for the general
election. Immediately below the title of each public office shaR
Be printed in brevier lower case type a diieetion to the voters as to.
the number of persons to be voted for, ia the following words:
* Vote for ^ (the blank space being, filled with
tl» number of persons to be nominated for said office at the offi-
cial primary election). ImmediateTy below this division^ ani
separated therefrom by a horizontal line shall be printed the namo
(tf names of candidates duly desig^»ted for such oSee. The
order in which the names of candidates shall appear under the-
tftfe of an office shall be determmed by the board or officer with
whom designations are filed by lot in the presence of the candl-
Arteff or tfiefr representatives, if present, and other persons re-
qpiierf to be notified. At least two days' notice by mail shall be
gnen to aH candirfatey whose name* appear on designating peti-
tro» and tor the mcm:!^^^ of the commillees, if any, appointed
by sucfc petitions^ of the time and place of such determination,
exeepl that when: auy snch designation petition is filed with the
Board of cfectiens of the city of ]!f ew" York such notice shall be
give* onfy U^ tte members of Ifte committee, if any, appointed by
8wch petitioB-.
If a vacancy bo filfcii after tfte positron of such names has been
cfeterarined,. the name of the newfy desfgnaiJed candidate shall be
printed in tie order dtetermincd for tfte candidate whose designar
feon WW made vacant.
Immediately" befow tfte names of all the candidates in the case of
each pubGe office there shall be left a bXank space or hlftitk spaces
equal in number to the number of candidates to be nominated for
said office. The voter at the official primairy ^ctLNi may write
in such blanlk spaee oi spaces the nasie of any person, or peravns
&r whom he desirea loi vote whose uaam 0£ nfunea aa:e not pciHtod
upon the baOot. Votiiig spaces, shall be pfo^idfid at the lk£k e£ eadft
coluonn opposite the noDMefr of eajulidfttt^ iik the fmmit waamamt $M
provided for oni thet offiidal ballot ioe thA geii«raiL eleetie*.
iMxaediateiy hdem the aaid perfcratod Unai mmI ia tkr afne^ «f
ihe right of said vvvtieal line Aall W printed t\» eap4MNk '^ Cmmii-
dates foe pft^y peeition&i" Undiex siud eap4ioiii tkei wmmia of
^^'iididt^tffii for eleetieik U^ pavty peaitiotisi Aiil be printed under
tie titles ^ the respective party posi4ioB» for wWdi thflpy mm
candidates resoectivelv, so that the names of all candidates for a
44 The Election Law
party position shall be printed under the title of said positioni*
a»d so that the said party positions shall appear in the following-
order: member of state committee; member (or members) of:
county committee.
At the spring primary, in a presidential year, such heavy ver^
tical dividing line shall be omitted, and under the caption ** ( 'au-
didat^es for party positions '' the titles of such positions shall be
printed in the following order: delegates and alternates at large
to a national convention ; district delegates and alternates to a na-
tional convention; member of state committee; member (or mem-
bers) of county committee.
Immediately below the title of each of said party positions shall
be printed in brevier lower case type a direction to voters as to tho
number of persons to be voted for, in the following words : '* Voto
for " (the blank space being filled with the number
of persons to be elected to said party positions at the official pri-
mary election). Immediately below this direction and separated
therefrom by a horizontal line shall be printed the name or names
of candidates duly designated for such party positions in such
order as the board or officer with whom designations are filed may
by lot determine, upon the notice and in the manner provided for
determining the order in which candidates for nomination to pub-
lic office shall be printed. Immediately below the names of all
the candidates in the case of each party position there shall be left
a blank space or blank spaces equal in number to the number of
candidates to be nominated for said positions and the voter at
the official primary election may write in such blank space or
spaces the name or names of any person or persons for whom he
desires to vote whose name or names are not printed upon the
ballot. Voting spaces shall be provided^ at the left of each column
opposite the names of the candidates in the same manner as pro-
yided for on the official ballot for the general election.
Where two or more candidates are to be elected to a party
position, the names of candidates designated by each petition shall
be grouped, and the order in which the groups shall be placed,
together with the order of the names within each group, shall be
determined by lot, in the manner provided in this section, for
detennining the order in which the names of candidates shall be
printed under the title of an office or party position.
The officer or board charged with the duty of printing, pre-
paring and distributing ballots shall determine in how many
vertical columns the ballots shall be printed ; provided, however,
Designations and Nominations 45
that the names of all persons designated for nomination to the
same office or for election to the same party position shall appear
in the same column.
To the left of the voting spaces, other than the voting spaces
adjoining the heavy black vertical line dividing the names of
candidates for public oflSce from candidates for party positions,
there shall also be a heavy vertical black line one-half the width
of such dividing line, or one-eighth of an inch in width.
The names of candidates for nomination for public oflSce and
the names of candidates for party positions shall be numbered
consecutively with arabic numerals printed in heavy faced type
at the left of the name of each candidate and at the right of the
voting space aforesaid, from one upward beginning with the
name of the first candidate for nomination for public office whose
name is printed first upon the ballot in the column at the left
and continuing consecutively through the names of said candi-
dates for nomination for public office and then consecutively
through the names of the candidates for party positions; except
. that wh^re there are two or more candidates for a party position
grouped as hereinbefore provided, each group shall have but one
number, which shall be printed opposite the approximate center
of the group, and there shall be between each group, including
the group of spaces for names not printed, a blank space five-
sixteenths of an inch in depth.
Where the name of a candidate for nomination for the same
public office or for election to the same party position is desig-
nated by two or more petitions, it shall be placed upon a ballot
only once; if a candidate for a party position to be filled by two
or more persons be designated in more than one petition, his name
shall be printed only in the group of candidates designated by the
petition first filed; provided that nothing herein contained shall
prevent the printing of the name of a candidate upon the same
official ballot as a candidate for nomination for public office and
at the same time as a candidate for one or more distinct party
positions.
On the back of the ballot below the stub and immediately
at the left of the center of the ballot shall be printed the name
and emblem of the party, and in great primer roman condensed
capitals " Official primary ballot for," and after the word " for "
shall follow the designation of the election district for which the
ballot is prepared, tiie date of the primary election, and a fac-
simile of the signature of the officer who has caused the ballot to
46 The Election Law
be printed. Immediately above the center of such indorsement anJ
upon the back of the stub, shall be printed the consecutive number
of the ballot beginning, on the ballots of each party, with " num-
ber one/' and increasing in r^ular numerical order, and on the
back of the stub below the number, the name of the party. All
official primary baHota shall, so far as it conforms to the above
description, be substantialTy in the following »form : ^As added
hy chap, 891, Laws of 1911, and amended by chaps. 800 and 820,
Laws of 1913, and excltisive of the ballot form by chap. 244,
Laws of 1914.]
<ARTICXE 4-A
CTottdiict of OiBdal Primary EIectloB9; Can-
vass of Roiums
^SeetioB 70. Organization and conduct of official primarieB.
71. Qualifications of voters at official priaaari«fl.
72. Challenges at official primary eleetionflL
73v Expense of official primaries.
74r. Primary districts^ officers and polling plaees.
75* Notice oS. official primaries.
76. Beatrictions as to place of primaries.
77. Removals from, and filling vacancies ix^ bosrda d
primary election officers.
78. Prinaary poU-clerks and poll-books, in prinary dis-
tricts outside of cities of over one million in-
habitants.
^78-a. Primary poU-cIerks and poll-boeks in cities of
over one million inhabitants.
79. Ballots, booths, booksy blanks and supplies^
80. Delivery of ballots and manner of voting.
81. Unofficial ballots.
82. Preparation of ballot by voters.
83. Persons within the guard-rail.
84. Watchers; challengers; electioneeiingp
85. Canvass of votes.
86. Intent of voters.
8T. Proclamation and statement of result
88. Preservation of records and papers.
^ New article added by cha^. S(^l, Laws of IS^IS.
* Schedule of section headinga and title amended by chap. 820, Laws of WI^
»Wew section added by Chap. 678, Laws of 1W5.
Pkimaby Elections; Canvass of Returns 47
Section 89. Canvass of statements of results; certificates of
election to party position.
90. Filling vacancies and determination of tie vote after
primaries.
91. Party nominations for special elections and to fill
certain vacancies.
92. Unofficial primaries.
93. Penalty for violation.
94. Perjury.
' § 70. Organization andcondnot of official primaries.
1. Eleetion inspectors for each election district within or compria-
uig <a primary district shall be the election officers for such pri-
luiry •district.
. 2. All said offieers shall take and subscribe the oonstitutional
eath of office, before entering on the discharge of their duties.
3. Each primary shall be held open, for voting thereat, from
seven o'clock in the forenoon until nine o'clock in the evening,
caccept in a city of over one million inhabitants, where such
primary shall be held open, for voting thereat, from three o'clock
in the afternoon until nine o'clock in the evening.
4. Th^ primary election officers shall perform the duties
required of election officers at a general election, and such addi-
tional duties as are in this chapter prescribed and shall receive
the same pay as for services of inspectors on the last day of regis-
tration; except that in any city of over one million inhabitants,
they shall respectively receive seven dollars and fifty cents for-
their services at each official primary.
5. In each year an official primary election shall be held on
the seventh Tuesday before the general election ; in each year in
which a, president of flie United States is to be elected, an addi-
tional official primary election shall be held on the first Tuesday
in April.
6. Subject only to such differences as are herein provided or as
may be necessary, an official primary shall be conducted in the
same manner as the general election. A chairman of each board
of primary inspectors shall be elected in the same manner as
a chairman of a board of inspectors at a general election. The
chairman shall designate an inspector to act as primary ballot
clerk, with ihe powers and duties of ballot clerks under this
chapter. In a primary district comprising one election distrid;,
the inq)ector so designated shall be of opposite political faith
from fhe chairman. In any primary district, the remaining
48 The Election Law
iu8peetor6^ exclusive of the chairman, shall act as primary poll
clerks, with the powers and duties of such clerks under this chap-
ter. The chairman shall receive the primary ballots, as thej are
cast or returned by the enrolled voters. All the inspectors, includ-
ing those designated as poll clerks and ballot clerks, shall also
perform the duties of primary inspectors from the time the polk
are opened until the statements of the results of the canvass are
completed. \^As amended hy chap. 820, Laws of 1913, chap. 678,
Laws of 1915, chap. 637, Laws of 1916, and chap. 703, Laws of
1917.]
§ 71. Qnalifloatlons of voters at official primaries.
No person shall be entitled to vote at any official primary unless
he is duly enrolled and may be qualified to vote on the day of
election. The primary election inspectors shall decide all ques-
tions that arise relating to the qualifications of voters.
§ 72. Challenges at official primary elections* The
right of an enrolled voter 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 voter shall be
challenged, the chairman, or one of the members, of said board,
shall forthwith put to him an oath or affirmation to answ.er truly
such questions as shall be put to him, and he shall be allowed to
vote if, and only if, he shall make such oath or affirmation, and
shall answer in the affirmative each of the following questions:
*'Are you (using the name which he has
given as his name) ?
Do you reside, and have you, for thirty days last past, resided
at (giving the address which he has given as
his residence) ? "
§ 73. Expense of official primaries. The expense of
official primary elections, including the expense of preparing and
copying new enrollment books and the compensation herein pro-
vided to be paid to primary election officers, shall be paid by the
same officers or boards and in the same manner, as the expenses of
general elections. If provision shall not have been made for the
payment of such expense in any year, then the officers who are em-
powered by law to make such provision in any county, city, town
or other political subdivision of the state, are hereby authorized
and directed to raise money to such an amount as mav be neces-
Pkimaky Elections; Canvass of Returns 49
sary, in any manner provided by law for meeting expenaes in
anticipation of the collection of taxes and to pay such expense
therefrom. The amount so raised shall be included in the amount
to be raised by tax in the ensuing year.
§ 74. Primary distriots, officers and polling; places.
The custodian of primary records shall thirty days before each
official primary day, divide every ward in a city, except a city of
otAst four hundred thousand inhabitants, and divide every village
ta^dng five thousand inhabitants or more, 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 or village, the highest numbered dotation district shall
l>e a primary district by itself. In each of such primary districts,
except where an election district shall be a primary district by
itself, there shall be two polling places. Such polling places shall
be designated and provided at public expense by the officers or
boards whose duty it is to provide polling places for days of general
election, and shall be, so far as they are available, the same places
as were used for the last preceding general election. The cus-
todian of primary records shall assign one of the polling places in
each such primary district to the party which, at the last election
of governor, cast the highest number of votes for governor, and at
the other polling place in such primary district there shall be
held the primary elections of all other parties. In all other
villages and towns, and in each city having over four hundred
thousand inhabitants, each election district shall constitute a
primary district. In a city, town or village in which each or any
election district constitutes a primary district there shall be for
each such primary district primary election officers, who shall con-
sist of the election injectors for the election district comprising
such primary district and such inspectors shall be the board of pri-.
mary inspectors. In a city or village having more than five thou-
s^and inhabitants, except a city having over four hundred thou-
sand inhabitants, there shall be for each primary district having
tsvo polling places two groups of primary election officers, one of
which shall consist of the election inspectors for the election dis-
tricts comprised within such primary district who shall at the
time represent the party which at the last preceding election
of a governor shall have cast the largest number of votes for
governor, and the other of which shall consist of the election
inspectors who shall represent the party which, at such election,
shdl have cast the second largest number of votes for governor.
60 The Election Law
The first mentioned officers shall conduct the primary election of
the party represented by them and the second mentioned officers
Aall conduct the primary elections of all other parties at the time
entitled to hold primary elections. The election inspectors "belong-
ing to each such group of primary officers shall be the board of
primary inspectors.
In a city, town or village in which each or any election district
eoiifltitutes a primary district the polling place in each such pri-
mary district shall be designated and provided at public expense
by tiae officers or boards whose duty it is to provide the polling
{^aoes for the general election, and, where practicable, it shall also
be the same place that was used at the last preceding generiU elec-
tion, unless. In a city having over one million inhabitants, the
primary polls be placed in a school or other public building as
provided in section two hundred and ninety-nine. [As amended
by chap. 820, Laws of 1913, chap. 678, Laws of 1915, chap. 537,
Laivs of 1916, and ch-ap. 703, Laws of 1917,]
§ 75- Notice of official primaries. At least thirty-five
days before each official primary day the chairman of the general
committee of each party subject to the provisions of this article,
shall certify and deliver to the custodian of primary records a
statement of the committees and offices for which members or can-
didates as the case may be, are to be elected or nominated thereat,
and the number of members of committees, to be elected in each
unit of representation. If delegates and alternates to a national
party convention are to be chosen at the primary, such statement
shall certify the number to be elected in each unit of representa-
tion. The custodian of primary records shall prepare a notice of
each official primary election provided for by this article, and shall
publish such notice, not more than thirty-five days and not less
than thirty 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 plnce, the election districts whose
voters may vote at each such polling place, the name of the party
or parties whose primary elections will be held thereat, and the
national party conventions, party committees or public offices for
which delegates, members or candidates, as the case may be, will
bo chosen thereat. [As amended by chap. 820, Laws of 1913.]
Pbimary Elbctioits; Caittass of Returns 51
f 76L BestarietfcodBs mm to place at prtotaviMi. No
prhnnry eleetion sball l)e held ib a saloon or drinking^ place, or in
a room wbiob is raore than one flight of staixa from the stfeet or
fiot readify aeeeseiMe from the atieel
S 77* Itoaaovmla fmaa^ umI fOiimg traeaiieiMi im^
iMMur^ tff priaiaaryr elaoticni oAeenu Eemovak from boards
ef primarf eleetion offieers shall be made, and ▼acanoiea occurring
fn such boaids shall he filled, in the same manner as is provided in
this ehapter for mahii^ removals from boards of election officers
ami for filing vaeaneies therein on a daj of registration.
§ 78. Primary pell-elerks a»d p^I^booka, iat pri-
stary dfatrieta aatolde of eitle» «f over oae mlllioa
inhabitants. The provisions of this section Aall apply only to
primary districts outside of a city having over one million inhab-
itants. Each primary poll-clerk at each polling place at an official
primary election shall have a poll-book for each party in each
election district within the primary district for keeping the list
of enrolled voters voting, or offering to vole thereat at the primary
election. Each such hook shall have columns headed respectively
"number of enrolled voter,^^ "name of enrolled voter,^ ^'resi-
denee of «nronea yoter,^ ^' B«mber ob bdllots deliyefed to enrolM
Toter,^' " nmnber on ballot voted,** and " remarks.**
Upon each delivery of an official primary ballot by the primary
fcallot elerk to an strolled voter, the primary poll-clerk shall enter
upon the poll-book of the election district in which the enrolled
voter resides, in the appropriate column, the number of the en-
rolled voter, in the suceeeeive order of the delivery of the ballots
thereto, the name of the enrolled voter in the alj^abetical order
of the first letter of his surname, his residence by street and num-
ber^ or if he have no street number, a brief description of the
locality thereof, the printed nnmber upon the stub of the ballots
delivered to such enrolled vo^r, and the number of fte ballot
voted by him. If the ballot delivered to any ^iroUed voter sliall
be returned by him to the primary ballot elerk, and he shal
obtain a new ballot, Ae primary poll-elerk shall write oppoeit
liis name on the poU-bo<^ in ^e im>per eohimn, the printe
nizmber of the stub of sud^i ballot. Each primary poll-derk shaL
nake a memorandum npon his poll-book opposite &e name of
each person who shall have been challenged and taken either o
Ae oaths prescribed upon such challenge, or who shall have n
eeived assistance in nrenarinfir his ballot and shall also enter nnoi
62 The Election Law
the poil-book opposite the name of such person the names of the
primary officers or persons who render such assistance, and the
cause or reason assigned for snch assistance by the elector assisted.
As each enrolled voter offers the ballot which he intends to vote
to the primary inspector, each primary poll-clerk shall report to
the primary officers whether the niunber entered on the poll-book
kept by him as the number on the ballot last delivered to such
enrolled voter is the same a^ the number on the stub of the ballot
so offered. As each enrolled voter votes, each primary poll-clerk
shall enter in the proper column on his poll-book the number on
the stub of the ballot voted. Upon the close of the polls of the
primary election, the primary poll-clerks and all primary officers
shall compare the poll-books with the enrollment books or ras-
ters and correct any mistakes found therein. [As amended fcy
chap. 678, Laws of 1915.]
§ 78-a. Primary poll-clerks and poll-books in.
cities of over one million inkabitants. i. The pro-
visions of this section shall apply only to primary districts within
a city having over one million inhabitants.
2. In every such city each primary poll-clerk at each polling
place at an official primary election shall have a poll-book for
keeping the list of enrolled voters voting or offering to vote thereat
at the primary election. In each primary district of such city
the poll-book shall be arranged in colunms as provided in this
section, and the leaves of such poll-book shall be indexed from
A to Z. Colunms one to seven inclusive shall be arranged upon
the left hand pages of said book, and the remaining columns upon
the right hand pages. The first column of the poll-book shall be
entitled "number of voter voting at the primary," and in such
column, as the name of each enrolled voter voting at such primary
is recorded, shall be entered a number opposite the name, begin-
ning with " one '' opposite the name of the first voter voting at
the primary of any party in such election district and continuing
in numerical order to and including the last voter voting at such
polling place. The second and third columns shall together be
entitled "name of enrolled voter," with the respective sub-titles
" surname" and " given name or names." As the enrolled voters
in the respective parties present themselves to vote at such pri-
mary the surnames of such voters shall be entered in sucb second
column in the alphabetical order of the first letter of such names
on the pages bearing the index letters of such surnames. In the
third column shall be entered the christian or given name or
Primary Elections; Canvass of Rbtuhns 53
liames of such voters respectively. The fourth column shall be
entitled ** residence of enrolled voter," and in such column shall
be entered the residence of each such voter. The fifth column
shall be entitled "party of enrolled voter," and in such column
shall be entered the name of the party in which each such voter
is enrolled and in whose primary he is participating. The sixth
column shall be entitled " signature of enrolled voter (or number
of identification statement)," and above each horizontal line in
said column shall be printed the words " The foregoing entries
are true and correct," and in such column, below such words
printed above the line on which his name is entered, each voter
participating in the primary shall sign his name by his own hand
and without assistance, using an indelible pencil or ink, or in
default of such signature (in case only of inability to sign as
hereinafter provided) shall be entered the number of such voter's
identification statement. The seventh column- shall be entitled
'* signature compared by inspector," and before the voter shall
receive a primary ballot, one of the inspectors, other than the
inspector who receives the primary ballots from the enrolled
voters, shall compare the voter's signature then and there made in
v*nch poll-book with the same voter's signature theretofore made in
the registration book on registration day, and such inspector shall
then and there sign his initials in said seventh column in evi-
dence thereof. The eighth, ninth and tenth columns shall be
gi'ouped together under the title ^* number of primary ballot deliv-
ered to enrolled voter " with the respective sub-titles "first ballot,"
** second ballot/' " third ballot," and in such column or columns,
beginning with the eighth, shall be entered the number on the
ballot (or successive ballots) delivered to such voters respectively.
Then shall follow as many columns as there are parties holding a
primary iij such election district, grouped together under the title
" nnmber on primary ballot voted," and at the top of each column
shall be printed the name of one of such parties, the party names
to be arranged in the order of the size of their respective vote for
governor at the last preceding general election, the party casting
the highest number of votes for governor to come first, and so ©n ;
and the number upon the ballot voted by each such enrolled voter
shall be entered in flie column bearing the name of the party
whose ballot he casts. The last column in such poll-book shall be
entitled "remarks regarding challenges, oaths, and other facts
required to be recorded,'^ and in such column shall be entered,
opposite the name of each voter, such record of challenges, oaths.
54 Thit EtECTiON^ Iaw
aad other facts, relatuig to Bim as thie law lequfrea to be entered
in the poll-Book sand are not otherwise providied for..
3. The procedure with respect to recording in eacK such pollr
book, the names of and other partijcniars coulceming thje enrolled
vetoes presenting themselves to vota at any primary^ obtaining,
comparing and certifying to» their signatures prior t9 the delivery
of baHotsr to them,, or obtaining identi^eation statemjents in lieu (^
such, signatures,, recoirding and announcing the ballots ddivered
and voted,, making and recording challenges^ and all other pro-
•-" cedure with respect, to- the taking of the. vote at any party primary
ahall be the same as that prescribed for the general election, and
except SLB otherwise provided in this article, all provisions of arti-
cle ten of the Section law applying to the taking o£ the vote at a
genial election shall apply equally to each par^ primary. [As^
(aided by chwp. 6-78) Lofws of 1&15.]
%: 79» BaUetav be«4dl9y booln^^ blatnlur aad supplies^
The custodian of primary records shall have for each party printed
baUotff for each election district equal in number, as near as may
be, to one and one-fifth times the total number of enrolled voters
of the party in the election district, prepared as herein described.
Such ballots and the sample ballots and the original enrollment
books, poll-books, blanks and stationery shall be delivered by the
board oi elections^ at its oflice on the Saturdiay bef^e the primary
election for which they are needed to each town or city clerk in
the county, except in New York city and in the city of Buffalo.
It IB herel^ made the duty of each such town or city clerk to call
at the oSie& of such board at such time ancP receive sudb: baltets
and suppffiesi E'adi such town or city dfeii shall deliver to Ae
propey polling place* in their city or town the birHbts*- and such
supplier foiP such- prhmiTy electi»n, at feast (uw^ftaW lour befijre
the time ffxed for opening the poHk In the citieir of H'ew York
and Buffalo^, sueft- custtedian shalT cause sucft suppfiee to Be dcHr-
ered to- the proper primary officers' at the variotTsr polRng' pfietces at
leafrt one-half hoirr before the time fixed* for the opening of tfte
pedis. The poHing pBacer, voting booths, guard-railb, disUance
markersj bfflTot Boxes-, samplfe baPIbts; polT-books and' other sup-
plies required: for oflReiarF primary efections shafl' Be provrdBcf and
paid for by the same officers; ami in the same manner, aa m the
case of general eJectfomsr. At all official primary efections a sep-
arate ballot box with the name and emblem of the party and wiA
^ the number of the election district clearly and conspicuously writ-
Pbimaby Eu&CTiojrs; CUmrAAs -of Retubns &fi
ten or printed thereon, shall be provided at each polling place for
each party participating in a primary .election at such polling
place; and there shall also be a large box for the reception of nn-
voted ballots and an additional box for detached ballot stnbs and
"ftere shall be affixed to the outside of liie poUing place and in at
least two places on the inside thereof, and in a conspicuous man-
ner, placards printed with large-sized bold-faced type, whidi cfhaH
specify the name of {the parties whose primary -election is heing
held in sucfh polling place. Sanaple ballots shall be provided by
the custodian of prfmaTy records for each party for ^each eledioA
district, equal in number, as near as may be, to twenty-five per
centum of the number of efficial ballots required to be furnished
for sudh party for eucAi election district. Such sample ballots
«hall be printed on paper 'different in color from the paper used
for the official ballot, and there shall be no numbers upon the stubs
thereof, but in all other respects such sample ballots shall be pre-
cisely like 4ihe official ballets. One -of sucb sample ballots shall be
'famished upon applioation at any time on primary day to any
^ter entitled to vote the ballot of which he requests a samrple.
The ^cnstedian of primary records shall prepare and ixtraiA
♦for each V>ard of primary election inspectors two tally ^eet
blanks and t?wo statement of result blanks for eadh party whose
primary election is under the jurisdiction of said boajrd of pri-
mary dectian mspectors. 'Upon each of said blanks shall be in-
dorsed the Aame of the party, the name of the county, the mmifaBr
of like .assembly district or ward, or the name of the town^ and the
cumber of the election district for which said blanJ^ is to be used.
Each such tally sheet shall consist of three columns separated
from each other by vertical lines running from top to bottom of
each page of the tally slieet. In the first column shall be printed
the title of each public office for which a candidate is to be nomi-
nated, and, in the case of the party tally sheets, the name of each
party position to which members are to be elected. Under the
name of each j)ublic office, on the party tally sheets, for which
candidates .fuse to be nominated and an the same page shall be
printed, in alphabetical order, the names of all candidates for the
nommotaon idnerfifor. Under the name of each party position on
the paity tally isheets ^and on the same page shall be printed, in
•ttlphabetieal ordec, iihe names of all candidates for election
thereto. On aU the tally sheets, under the names of the group of
candidates for each public office or party position, shall be printed,
each on a asparate Kne, the words " blant " and " void " and the
^tte '^ total numiber of votes cast for this office (or position).,''
56 The Election Law
and under such phrase shall be left several blank spaces for writ-
ing in names not printed on the ballot. Each name and each such
word, phrase or space upon said tally sheet shall be separated from
each other name and each other such word, phrase or space next
thereto by parallel horizontal lines extending from one side of the
sheet to the other. The second column upon the tally sheet shall
be headed, at the top of each page thereof, '" Space for tally aa
canvass progresses." The third column in like manner shall be
headed '^ Space for total number of votes received by each
candidate."
Each such statement of result sheet shall consist of two col-
umns separated from each other by a vertical line running from
top to bottom of each page of the sheet. In the first column shall
be printed the title of each public office, and, in the case of the
party statement of result sheets, the name of each party position,
and the names of all the candidates therefor, which shall be printed
in the same manner and order as upon the tally sheet in the first
column thereof. All names shall be separated from each other
by parallel horizontal lines. At the head of each statement of
result sheet shall be printed the following: " Statement of result
of the vote cast at the official primary election held on the
day of (the blanks being properly filled)," and there
shall also be printed the name of the county, the number of the
assembly district or ward, or the name of the town, and tlie num-
ber of the election district. At the foot of each such statement of
result sheet shall appear the following certificate to be signed hy
the primary election inspectors :
" We hereby certify that the foregoing statement of result is
true and correct in all respects :
Board of primary election inspectors."
All pages of each tally sheet and of each statement of result
sheet shall be securely bound together in convenient form. [^^
amended by chap. 891, Laws of 1911, chap. 820, Laws of 1913,
chap. 244, Laws of 1914 and chap. 703, Laws of 1917.]
§ 80. Delivery of ballots and manner of voting. No
voter at a primary election shall be given or be allowed to mark
Pbimahy Elections; Canvass of Retubns 67
or cast the ballot of any party with which he has not enrolled.
The folding and delivery of ballots and the .manner of voting shall
be the same as prescribed for the folding and delivery of ballots
and the manner of voting prescribed by the provisions of this
chapter relating to general elections so far * the same may be
applicable, excepting that each ballot after detachment of the
stub by the officer charged with that duty shall be deposited in
the separate box provided for the party designated on the ballot,
and such officer, in addition to announcing the name of the voter
and number of the stub, shall also announce the party name
thereon.
§ 81. Unofficial ballots. If, for any cause, the official
ballots for any party shall not be provided as required by law at
any polling place, upon the opening of the polls of any primary
election thereat, or if the supply of official ballots for any party
shall be exhausted before the polls are closed, unofficial ballots,
printed or written, made as nearly as practicable in the form of the
official ballot, mav be used.
§ 82. Preparation of ballot by voters. The voter, on
retiring: to the voting booth, shall prepare his ballot in the follow-
ing manner : He shall make a cross X mark in the voting square
at the left of the name of each candidate for whom he desires to
vote. A cross X mark is any straight line crossing any other
straight line at any angle within the voting space and no ballot
shall be declared void because a cross X mark thereon is irregular
in form. It shall not be lawful to make any mark on the
ballot other than a cross X mark for the purpose of voting, and
such mark shall be made only with a pencil having black lead, and
only in the voting space to the left of the name of a candidate;
except that the voter may write with a pencil having black lead
in the blank space under the title of the proper office or party
position the name of any person or persons for whom he desires
to vote, whose name or names are not printed upon the ballot ; not
exceeding with the candidates for whom he has voted by cross X
mark the total number of persons by whom such office or position
is to be filled. It shall not be lawful to deface or tear a ballot in
any manner, nor to erase any printed name, device, figure, word
or letter therefrom, nor to erase anv mark made thereon bv such
voter nor inclose in the folded ballot any other paper or any ar-
• So ia original.
6% Tmr EtEfCTioir Iaw
ticfe. If th© voter deface or tear a ballot, or wroBgly mark the
083310 or maker an erasure Ifiereoiiy he may obtain one additional
Safflot on returning to i!he ballot clerk the one bo defaced or wrongly
marked. ^As amended dy chofi 820^ Laws of 19*13, and chof.
«87, E<m» fff IM6.]
. §2 SBk^ PesfloBft wttidA. Hhm giiard>4PadUL Ftom the time
•f 1Jai» opening of the prila^ until the resnit of the canTass of the
vote? cast thereat shall have been annoonced, and the oiBcial state*
ments 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 officers, duly authorized watchers, persons
admitted by liie* inspectors to preserve order or enforce the lav,
and personS' dxdy admitted for the porpose of voting*; provided^
however^ tfa&t any canxfidate voted for may be presest at tJie
canvass of the votes.
§ 84. Watchers; challengers; eleotioneerlmi:. The
ballot and other boxes used at any primary shall be examined bv
the inspectors in the presence of the watchers, if any, before any
ballots are received. One watcher for each election district may
be appointed by any political committee^ and by any two or more
of the persons whose names are upon any ballot to be voted
at such primary election. Such watchers may be present at
such polling place and within the guard-rail from at least fifteen
minutes before the examination of any ballot or other box at the
opening of the polls of auchi primary election until after the an-
nouncement of the result of the canvass of the votes cast thereat
and the signing of the statements thereof by the inspectors. A
reasonable number of challengers, at least one person for any three
or more persons of each party holding its primary eliection at that
polling place, whose names are upon any official ballot at snch
primary election, shall be permitted to- remain just outside tho
guard-rail of each such polling place, where they can plainly sea
what ia 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. \^Aa amended
by chap. 820, Laws of 1913.]
-Pbimaby Electiokb; CjLX^fiaB os*^ Betubi^b 59
§ 85. CaiMrass of Totes. As mean as 4lie ^p^k iit «[(y offidal
primary election ^hall close, tloB primarj iaipeetois shall £erth-
with publicly canvAas and ascertain the xosult .thereof, and they
shall not adjonm or postpone the canvass until it ^hall he
fully completed. AH questions touching the «ralidity of ballots
or their conformity wi& ihe provisions of fiiis ohapter shall l)e
determined hy a majority vote of the primary inspectors.
The room in ^wliich sucTi canvass is made jshaTl be clearly
limited, BxA such canvass shall be made in p9ain Tiew of
•flie puWrc, it sSiaB not be lawful for any person or persons
'Chirifig Ae canvass, to dose, or canse to be closed, the main
eatrsEiQe -to ibe reem in which sneh canvass is conducted, in
mfh , Humiier as to prevent ingress or egress thereby. The
primaiy inspeelOTS -dia^ proceed t© teanvass the vcfte by counting
iibe Mleto found in the Fallot boaces withotrt unfolding them,
e»cept ee far «s to ascertain Ihat -each ballot is single, and by
eomparii^ ihe ballots found in each box wil9i '^e number shown
•by ike eRTollment book to have been deposited therein. If the
bf4l0ks fou«d in any box shall be more than the nrumber of balkrts
so ^wn to have been -deposited therein, -stkSi ballots sAiall be
replaced, without being unfolded, in the box from whidi Aey
were taken, and shall be tliervaghly mingled tbeisein, and ono
of ilfte inspectors designefted by the baavd ^ba'FI, without seeing
the same and wiA his ba<& to ifee bex, publifSy drarw out as
many ballots as shall be -equal to sucfe •excess, and, witbout un-
folding them, forthwitli destroy Ifliera. If ^?wo -or mere ballotB
shall be found in a ballot box so folded together as to present
the appeanuaee of a single ballot, tliey «ball ^be deetroj^ed if tJto
whole number of ballots in such ballot box exceeds the whole
nimiber «f ballots shown by the enrollment bocfk to have been
deposited thermn, and not otherwise. !f there lawfully be more
than one baHot box for ftie reception of ballots TOted for at any
one polling place, no ballot found in the wrong ballot box Aall
be rejected, but shall be counted in the same manner as if found
in the proper box, if such ballots srhaTl not, togeliier with the
ballots faund in the proper ballot box, make a total of more
ballots than are shown by the enrollment book to bave been de-
posited m Iibe proper box. The chairman only of flie board
of primary otfficers shall unfold the ballots taken from a ballot
box- WbiBn a ballot is not void, and a primary election in-
spector or a duly authorized watcher shall, during the canvass
of the vote, declare his belief that any particular ballot has
60 The Election Law
been written upon or marked in any way for the pnrpoae of
identification, the inspectors shall write on the back of such bal-
lot " Protested as marked for identification," and shall specif;'
over their signatures upon the back thereof the mark or mark-
ings upon such ballot to which objection is made. The votes
upon each such ballot shall be counted by them as if not so pro-
tested. If any ballot shall be rejected as void, the reason for
such rejection shall be written on the back thereof by the chair-
man, 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 with the original statement of the
canvass. A statement of the number of ballots of any party pro-
tested as marked for identification, and of the number thereof
rejected as void, shall be included in each of the statements of the
result of the canvass for such party. If requested by any watcher,
the inspector shall, during the canvass, exhibit any and all ballots
cast at such primary election to such watcher, fully opened and 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 hands. Any person other than a constituted elet*-
tion officer who shall handle any ballot voted or unvoted or the
stub thereof shall be guilty of a misdemeanor. [As amended hy
chap, 820, Laws of 1913, atid chap, 703, Lav^s of 1917.]
§ 86. Intent of voters. If the voter marks more names
than there are persons to be nominated for an office or elected to a
patty position, or if for any other reason it is impossible to deter-
mine the voter's choice of a candidate for a party position or for
nomination for an office, his vote shall not be counted therefor but
shall be returned as a blank vote for such nomination or party
position.
A void ballot is a ballot upon which there shall be found any
mark other than a cross X mark made for the purpose of voting,
which voting mark must be made with a pencil having black
lead, only in a voting space to the left of the name of a candidate ;
or one upon which anything is written other than the name or
names of any person or persons not printed upon the ballot, for
whom the voter desires to vote, which must be written in the blank
Primary Elections; Canvass of Returns 61
space under the title of the proper oflBce or party position with a
pencil having black lead ; or one which is defaced or torn by the
voter ; or one upon which there shall be found any erasure of any
printed device, figure, letter or word, or of any name or mark
written thereon, by such voter; or in which shall be found in-
closed a separate piece of paper or other material ; and upon such
ballot no vote for any candidate thereon shall be counted. Any
straight line crossing any other straight line at any angle within-
a voting space shall be deemed a valid voting mark ; but no ballot
shall be declared void because a cross mark thereon is irregular in
form. [4* amended by chap. 820, Laws of 1913, and chap. 53Y,
Laws of 1916.]
§ 87. Proclamation and statement of result.
Immediately upon the completion of such canvass, the board of
primary inspectors in each primary district shall make public oral
proclamation of the result thereof, and shall make upon the state-
ment of result sheet for each party a written statement of such
result for each election district in such primary district, and also a
duplicate thereof, which shall be known as the duplicate statement.
Immediately after the completion of such statements, such board
shall file the originals thereof with the custodian of primary
records, and shall file the duplicate statements with the clerk of
the cily, town or village.
In cities having more than one million inhabitants the board pf
primary inspectors shall also make and sign a police return of
the vote at the primary similar to that required at the general
election by section three hundred and seventy-two of this chapter,
and such return and its contents shall be treated in the same man-
ner by the same officers as is provided in that section with respect
to the statement of the result of the canvass of votes on election
day to be delivered to the police. [As amended by chap. 678,
Laws of 1915.]
§ 88. Preserration of records and papers. At all
reasonable times any watcher shall have reasonable opportunity to
make a transcript of any such statement, or any portion thereof,
and any candidate shall be entitled to receive, upon demand, a
written statement showing the result of the primary election so
far as he is concerned.
After the close of the canvass of the votes at official primary
elections, the ballots of each party cast thereat, except the
6S Ths Suection "Law
protested, void and wholly blank ballo<£, sh&U be tied together,
labeled and replaced in the ballot l)Oxes from which they were re-
apectivoly taken, and fiuch ballot boxes shall then be securely
locked and sealed, and, together with the box containing the
stubs, shall be returned to the oflScer from whom they were
received, who shall safely keep the same, snbject, however, to
be produced upon the order of any court of record or judge
. thereof, for not less than thirty days after such primary electicm,
and until all suits or jHroceedings before any court or judge touch-
ing the same shall have been finally determined, when the ballots
and stubs shall be removed and without examination, destroyed.
In the case of a contested nomination for office or a contested
election to a party position any candidate shaU be entitled as of
right to an examination in person or by authorized agents of any
primary ballots upon which his name lawfully appeared as Aat
of a candidate; but the court «hall prescribe such conditions, as
of notice to otiher candidates or otherwise, as it shall deem to be
necessary and proper. The custodian of primary jrecords shall
preserve for at least two years all books, records, petitions, objec-
tions, certificates and papers filed with him under any provirion
of law for a period of at least two years, at the expiration of which
time all such books, records, petitions, objections, eertifieates and
papers may be destroyed by such custodian. \As nmejided hy
chap, 820, Laws of 1918.]
§ 89. Canirajis of statements of results; eeailAeates
of election to party position. 1. Oanvass by custodians
of primary records. Tho custodian of primary records shall
forthwith proceed to canvass the statements of results filed vitii
him as provided in this article, and shall complete such canvas
within one hundred and twenty hours from midnight of the day
upon which the primary election was held.
He shall canvass separately the votes cast in each election dis-
trict by the enrolled voters of the several parties respectively.
The candidate for a party nomination to public office, or for
election to a party position, to be filled by the voters of a terri-
tory wholly within an election district, -ward or town, who has
received the highest number of votes cast in the primary eleotion
of a party in such election district, ward or town, shall be the
nominee of said party for such public office, or shall be elected
to such party position. Said custodian shall deliver upon request
Peimaby Elections; Cakvass of Returns 63
to such candidate^ if he be elected to a party position^ a certificate
of his election.
The candidate for a party nomination to pnbKc office, or for
dection to a party position, to be filled by the voters of a district
wholly within the jurisdiction of a custodian of primary records
and greater than an election district, ward or town, who has re-
ceived the highest number of votes cast in the primary election
of a party in such district shall receive the nomination of Said
party for the public office, or be elected to the party position, for
whidi he was designated or voted for. The custodian of primary
records shall deliver irpon request to such candidate, if he be
elected to a party position, a certificate of such election.
The custodian of primary records shall duly certify to the secre-
tary of state a statement of the vote cast in the county in the
primary election by the enrolled voters of each party, respectively,
for all candidates for nomination for public office, or for elec-
tion to party position, whose designations are required by this
chapter to be filed in the office of the secretary of state. Such
statement shall be filed by such custodian in the office of the secre-
tary of state within one hundred and twenty hours from midnight
of the day on which the primary election was held.
2. Canvass by the secretary of state. The secretary of state
shall forthwith proceed to canvass the certified statements so filed
with him, and such canvass shall be made sejmrately as to the can-
didates of each party.
The candidate voted for at an official primary election who has
the highest number of votes shall receive the nomination of said
party for the public office, or be elected to the party position, for
which he was designated or voted for. The secretary of state
diall forthwith transmit to each candidate elected to a party posi-
tion a certificate of such election.
3. A certificate of election to party position at an official pri-
ttiary of a party duly issued as herein provided shall entitle the
person to whom it is issued to membership in the committee or to
a seat in the national convention to which he is elected. Upon
the completion of said canvass to be made by the secretary of
state, he shall prepare certified statements of the result of the
primary election of each parly participating therein.
4. The statements of result of any official primary election filed
or prepared in the office of a custodian of primary records or of
uie secretary of state showing the nomination of a party candidate
for jyubiic office at an official primary election shall be equivalent
64 The Election Law
to a certificate of his nomination, and no other certificate of nom-
ination shall be required to be filed for any such candidate so
nominated. [As added hy chap. 891, Laws of 1911, and amended
hy chap. 820, Laws of 1913, chap. 244, Laws of 1914, and chap,
5*37, Laws of 1916.]
§ 90. Filling vacancies and determination of tie
vote after primaries. A vacancy in a nomination for public
office made at a primary election shall be filled as follows : A va-
cancy caused by the declination, disqualification or death of a can-
didate, or by a tie vote, shall be filled by a majority vote of a
quorum of the state committee, if the vacancy occur in a nomina-
tion for an office to be filled by all of the voters of the state, and
otherwise by the members of the county committee or committees
elected at such primary in the political subdivision in which such
vacancy occurs, or by such other committee as the rules and regu-
lations of the party may provide. Certificates of such nomination
shall be filed in the office in which a designation of a candidate
for such office is required to be filed. [As amended by chap. 820,
Laws of 1913.]
§ 01. Party nominations for special elections and
to flll certain vacancies. Party nominations to an office
to be voted for at a special election shall be made in the manner
prescribed by the rules and regulations of the respective parties.
A party nomination of a candidate for a vacancy in an elective office
required to be filled at the next general election, occurring after
the expiration of the period provided for the delivery by the chair-
man or a general committee to the custodian of primary records of
the certified statement provided for in section seventy-five, shall be
filled by a majority vote of a quorum of the state committee, if
the vacancy occur in a nomination for an office to be filled by all
the voters of the state, and otherwise by the members of the county
committee or committees elected in the political subdivision in
which such vacancy occurs at the official primary preceding the
general election at which such vacancy is to be filled or by such
other committee as the rules and r^ulations of the party may
provide, [As amended by chap, 820, Laws of 1913.]
§ 9S. Unofficial primaries. Notice of all unofficial pri-
mary elections shall be given in the same manner as in the case of
official primary elections, except that such notice shall be given
Pbimaby Elections; Canvass of Returns G5
hj the proper party officers and shall not be at public expense.
Unofficial primary elections shall be held in such places within
the unit of representation for which the primary election is held,
as shall be designated by the proper political committee, but there
shall be at least one polling place within and for each assembly
district, ward or village. The chairman and secretary of the
political committee calling an unofficial primary election, or under
whose direction such primary election is held, shall post and keep
posted during the election, at or near the entrance to the room
where the primary election is held, so that the same is clearly
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 hold-
ing them, and, except as herein otherwise provided, shall be sub-
ject to the rules and regulations of such party.
There shall be a chairman and secretary for each unofficial pri-
mary and there may be tellers. No person shall be entitled to
vote at an unofficial primary unless he may be qualified to vote
on the day of election.
The chairman may administer any oath required to be adminis-
tered at any primary and he shall decide all questions that arise
relating to the qualification of voters when a voter is challenged by
any elector and shall reject such vote unless the person offering the
vote is willing to be and shall be sworn that he will truly answer
all questions put to him touching his qualifications as such voter and
shall state under oath that he is qualified to vote at such primary.
The ballot box used at any primary shall be examined by tte
secretary and by the tellers, if any, in the presence of the watchers,
if any, before any ballots are received, to see that there are no
ballots therein. Such watchers are entitled to be present from
the conmiencement of the primary to the close of the canvass and
the signing of the certificates thereof. At the close of the canvass
of the ballots c&st for each candidate, the secretary shall publicly
announce the vote and the result of the canvass.
No unofficial primary election shall be held in a saloon or drink-
ing place, or in a room which is more than one flight of stairs
from the street or not readily accessible from the street. .
§ 93. Penalty for violation. Unless otherwise expressly
provided in this chapter any person violating any of the provisions
of articles two, three, four, four-a and four-b of this chapter is
anility of a misdemeanor.
3
66 The ExjecTioir Law
§ 94. Parjttry. All oatJis adnnxiifitnped trader iksd proviflioDB
of this ftiftiele ftud tbe preoediiig artideB ol ikis chapter are ha«by
declared to be oaths Tequired ly law, and to be neoeasarj for tlie
ends of public jutftiee. iAs amended by chap. 820^ Laws of
1918.]
ASTiCIJB ft
Homlnmtiiiar CertifiiMttes; Embieiiui;
Vacancies
^Section 121. Certification and filing <^ Bominations for town,
village and certain other offices.
122. Independent nominations.
123. Independent certificates of iMxnination.
124. Embl^ns.
125. Conflict in names or emblems.
126. Supplying omitted emblems.
127. Places of filing independent o^tificates of nomi-
nation.
128. Times of filing independent certificates of nomi-
nation.
12P. Certification of nominatioiis by secretary of state.
130. Publication of nominations.
131. Lists for town clerks and aldermen.
132. Posting town and village nominations.
133. Declination of nomination.
134. Objections to certificates of nomination.
135. Filling vacancies in nominations.
136. Certificates of new nominations.
137. DeatTi of candidate after printing of ballots;
ofiicial pasters.
§ 121. Oertiflcatiaii and flUms of nominstioms for
toiiniy Tillage asd certain other oflloes. A person
nominated at a party primary for a town or village ofiice or for a
city office to be filled at an election held at a different time from
the general election shall receive a certificate of such nomination.
It shall be signed by the presiding officer and a secretary of such
primary, or, if made by a committee, by a majority of the mem-
1 Schedule of section headings and title amended by chap. 820, Laws of 191^'
N01CI9A7I0NS W
bers tbereofy who shall add to their Bignatures tiieir reapeetiva
places of residence, and shall make oath before an officer quali&ed
to take affidavits Ihat the affiants were such officers of such po'tmary
or that they are members- and constitute a majority of such com-
mittee, as the case may be, and that such certificated and tho
statem^its therein oontainad are true to the best of their informa-
tion and bdief. A certificate that such oath has been adminis-
tered shall be made and signed by the officer before whom the
same was taken aoid attached to sudk certificate of nomination*
Such certificate of notminatioii shall contain the title of the city^
town or village o&ee for which sudi person is nominated and
his name and residence. Such certificate shall also designate, in
not more than fire words, the name of the political party by
which the nomination is made and shall be properly atrthenti-
cated. Such certificate shall also, upon its face, appoint a com-
mittee of Oxree or more persons to fill a vacancy in any of sudi
nominations occurring for any of the reasons specified in section
one hundred and thirty-five of this chapter between the date of
sndi nomination and the day of election.
Such certificate shall be filed with the clerk of such city, vil-
lage or town, respectively. In towns in ^idiich town meetings
are held at the time of the general ejection, certificates of nomi-
nation of candidates for town offices shall be in duplicate, one
of which shall be filed with the town clerk of the town in which
Buch officers are to be voted for and the other with the board of
elections of the county in which such town is located. All such
certificates shall be filed with such city, village or town clerk,
or such board of elections, not less than twenty nor more than
thirty days before the day of election. All such filed certificates and
corrected certificates of nomination, all objections to such certifi-
cates and all declinations of nominations are hereby declared to
be public records. [As added by chap, 820, Lav^ of 1M3.]
S 122* ImAe/pmndmnM mamiaimtiQaam. Nominations made
as provided by this and the next section riiall be known as inde-
pendent nominations, and the certificate whereby such nominations
are made shall be known as an independent certificate of nomina-
tion. Independent nominations of candidates for public office to be
voted for by all the voters of the state can only be made by six
thousand or more voters of the state; provided, however, that in
making up such number at least fifty voters in each county of
the state (the counties of Fulton and Hamilton to be considered
68 The Election Law
as one county) shall subscribe the certificate provided for in this
and the next section. Independent nominations of candidates for
offices to be voted for by the voters of any political subdivision
of the state can only be made by five per centum of the total num-
ber of votes cast for governor at the last gubernatorial election in
such political subdivision, excepting that not more than three
thousand electors shall be required to make an independent nom-
ination in any political subdivision; and excepting that not more
than one thousand five hundred electors shall be required to make
an independent nomination for a borough or county office. [As
amended by chap. 891, Laws of 1911, and 800, Laws of 1913.1
§ 123. Independent certificates of nomination. 1. In-
dependent nominations shall be made by a certificate subscribed b;
the required number of such electors, each of whom shall add to
his signature his place of residence and make oath that he is an
elector and has truly stated his residence. The making of the
said oath shall be proved by the certificate of the notary or other
officer before whom the said oath is taken, and it shall be unneces-
sary for an elector who has subscribed a certificate of nomination,
as herein provided, to sign any affidavit as to the matter to which
he has made oath as aforesaid. The certificate hereinbefore pro-
vided for of the notary or other officer shall be in the following
form substantially :
STATE OF NEW YORK, \,_
County of , J
On the day of , in the year ,
before me personally came (here shall be inserted the names
of each and every elector appearing and making oath before
the said officer), each of whom was to me personally known and
known by me to be the elector whose name and place of residence
is subscribed by him to the foregoing certificate and each of the
foregoing electors being by me didy 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.)
2. As an alternative method of authentication, in lieu of such
acknowledgment, provision may be made in such nominating ce^
tificate for a column under the title " witness," for the signature
Nominations 69
of a witness opposite the names of signers of the certificates
There may be a subscribing witness for any signature, and the
same person may act as witness for any number of signers. No
person shall be qualified to act as such witness unless he shall be
a freeholder within or shall have been for the last preceding five
years a resident of the county in which the person resides whose
signature he is witnessing; nor unless he shall have been regis-
tered either from the same address or within the same election
district for the last preceding two general elections, or the terri-
tory of such election district as defined at the time of the first of
such two registrations; nor unless his good character and hon*
esty are certified to as provided below either by at least one-half
of the candidates whom the certificate nominates or by the com-
mittee to fill vacancies named therein, which certificate of good
character and honesty must be filed with the board or officer with
whom the nominating certificate is filed. Such witness must sign
his name in the presence of the voter whose name he is witness-
ing and must thereafter appear before an officer authorized to
administer oaths and take acknowledgments and make the follow-^
ing affidavit to be attached to the nominating certificate:
STATE OF NEW YORK,]
}- ss. :
County of , J
On this day of , in the year ,
before me personally came (here insert name of witness), to me
personally known, who, being by me duly sworn, did depose and
say that he knew each of the voters whose names and places of
residence are subscribed to the foregoing nominating certificate,
as to whose signatures deponent has signed as a witness above,
and deponent makes oath that he saw each of them sign the same,
and that each such voter on signing such certificate declared to
deponent that it was his intention to support at the polls the can-
didacy of the person or persons nominated for public office in the
foregoing nominating certificate; and that deponent thereupon
signed his name as a witness thereto in the presence of each such
voter.
Said deponent does also make oath that he is (here state his
qualifications to act as a witness as above provided) and that he
has been registered for the last two general elections as follows:
For the general election of 19 . . I was registered from (state
address) in the election district of the assembly
district, county of , state of New York. For the gen-
TO The Elsgtxoit Law
eral election of 19 . . I was tegysbnei ixami (atate addeess) ia the
electioai district of tiie. aaaemkify dntEict^ county of
• . y flfaub^ of 'N.tm York.
• •••••••••'•••••a
of witBfi0&)
'Subscribed and sworn to before me,
tbis. .' daj of. »....•.••
(Official titto of officer:)
3. Tbe certificate to tbe geod ckaracter of l!he wrtneas^ must le
strbstatttralfy asr foIlowB:
The undersigned hereby certifies to the* good character and hon-
esty of the following named person acting aa witness to signatures
upon a nominating certificate for the next ensuing election :
Pbrmanent Busiirtss
residence of Bnsiness of A(HTe8s of
Name of witness, witness witness wrtnew
I certify that I have known the said witness for (here state
length of acquaintance) and that all the facts herein stated as to
the diaracter, honesty, residence, business and business address of
the witness certified to, are stated upon my knowledge.
Dated
(Signature)
(Residenec)
If the person making 9ucfe certificate of good character and
honesty has not personal knowledge of all sueb facts, his certifi-
cate may nevertheless be accepted, provided he shall state tberein
that any fact, specifying it, not made on his personal knowiedHC.
is mad^ in good faith upon information received from another
person whom he names^ and further provided that he attaches a
certificate of such other person in substantially the foregoing form
stating such fact or facts upon personal knowledge. Such odier
person must be a qualified elector of the district for which the
nomination is made.
4. Any sudt witness, candidate,, member of committee to fill
vacancies or other person, who makes a false affidavit^ certificate
or statement as thus provided for, is. guilty of a misdemeanor and
ISToMnfATIOUB 71
shnil be pnnished by mapinsaaamexA for a term of not less than
three mcinthB.
5. The certificate of nomination and each separate paper
thereof, if there be more than one such paper, shall contain the
following dedazstion which shall he sabseribed 1^ the agners
thereof:
'* We Hie iiikdecsigned duly qualified «iectors 4j£ the diBtriet for
which the naxmBfEtioBi for pnhUc c^ce is hereby made tmrder the
pfovisioiks of csectioaas oine hxmdred and twenty-two and OBe hjor
ired and twiefDity''thi»e of the ejection law do hereby dedare that
it ie euT ii^teirtien to support at the polk the candidacy of the
person ^0* pecstms faeresn momisffted for public offica^'
The eertifieate shall also contain the titles of the offices to be
filled, the itame and residence ef eaeh candidate nominated, and
if in a -city, tike %treet number of sad<i reftideaoe and his place of
business^ if any; astd ^lall demgna^le in not more than five words
the politieal or <€^ar juune which the signers shall sdiect, whidi
nanie fthaSl not include the najine of any (organized political party.
A certificsate may designate upon its face one or more per-
sons as a committee to represent the signers thereof, for the pur-
poses specified by section one bundled and thirty-five of this
article. The signatures to the certificate of nomination need not
all l)e appended to one paper. No person shall join in nominat-
ing more candidates for any one office than there are persons to
be elected thereto, and no certificate shall contain the names of
more candidates for any office than there are persons to be elected
to such -effiee.
6. The name of no person signing an independent eertificate of
nomisurtion sfaaiH he counted unless such person shall on one of the
days of registration in such year be registered as a qualified
eI<»etor, and in -ease a candidate nominated by an independent
oortifioate of nominatien be at the time of filing the said certifi-
cate or afterwards the candidate of a political party for the same
office the name of no person who is an enrolled member of such
political party shall be counted, except where such nomination is
afterwards made by a party committee or committee to fill vacan-
cies. For the purpose of ascertaining whether the person whose
nanic appears on an independent certificate of nomination signed
.such certificate, the affidavit or testimony of such person that he
did not sign such certificate shall be prima facie evidence that he
<Kd not sign such certificate. If the name of a person who has
sif^icd a certificate of independent nomiiiation appear upon
another certificate nominating the same or a different person for
72 The Election Law
the same office, it shall not be counted upon either certificate.
\As amended hy chap, 649, Laws of 1911, and chap, 537, Laws
of 1916.]
§ 124. Emblems. It shall be the duty of the state committee
of a party to select some simple device or emblem to designate and
distinguish the candidates of the party for public office. Such
device or emblem shall be shown by a representation thereof
upon a certificate signed and duly executed by the chair-
man and secretary of such state committee, which certificate
shall be filed with the secretary of state, and such device or
emblem, when so filed, shall in no case be used by any other party
or any independent body. When any independent body shall
make a nomination of a candidate or candidates to be voted
for by the voters of the entire state, it shall be the duty of the per-
sons who shall sign and execute the certificate of nomination of
such candidate or candidates, to likewise select some simple device
or emblem to designate and distinguish the candidate of such in-
dependent body making such nomination, and such device or
emblem shall be shown by the representation thereof upon such
certificate of nomination. The device or emblem so chosen, when
filed as aforesaid, shall be used to designate and distinguish all
the candidates of the same party or independent body nominated
by such party or independent body, or duly authorized com-
mittee or primary thereof, in all districts of the state and shall
continue to be used to designate and distinguish the candidates of
such party or independent body in all districts of the state until
changed by the state coromittee of the party or by the independent
body choosing such, device or emblem. The device or emblem
chosen as aforesaid may be a star, an animal, an anchor, or any
other appropriate symbol, but neither the coat of arms or seal of
any state or of the United States, nor the state or national flag,
nor any religious emblem or syonbol, nor the portrait of any
person, nor the representation of a coin or of the currency of the
United States shall be chosen as such distinguishing device or
emblem.
Existing devices' or emblems, heretofore chosen pursuant to law,
shall continue until changed in the manner provided in this sec-
tion as hereby amended. [-4s amended by chap. 820, Lairs of
1913.]
XOMIXATIOXS 73
§ 125. Conflict in names or en&blems. If two or more
diiferent parties or independent bodies shall select the same, or
substantially the same, device or emblem or party name, the su-
preme court or any justice thereof within the judicial district or
any county judge within his county shall decide which of said
parties or independent bodies is entitled to the use of such device
or emblem or party name, being governed as far as may be in his
decision by priority of selection in the case of the device or
emblem, and of use in the case of the party name. If the other
party or independent body shall present no other device or party
uame after such decision, the custodian of primary records shall
select for such other party or independent body another device or
party name, so that no two different parties or nominating bodies
shall be designated by the same device or party name. If there be
a divi.ion within a party, and two or more factions claim the
same, or substantially the same, device or name, the court or judge
aforesaid shall decide between such conflicting claims, giving
preference of device and name to the primary, body or conmiittee
thereof, recognized by the regularly constituted party authorities.
Any question arising with reference to any device, or to the
party or other name designated in any certificate filed pursuant
to the provisions of this article, or with reference to the construc-
tion, sufficiency, validity or legality of any certificate, shall be
determined upon the application of any citizen by the supreme
court, or any justice thereof, within the judicial district, or any
county judge within his county, who shall make such order in the
premises as justice may require, but the final order al special
term must be made on or before the twelfth day or, in the case of
a certificate of nomination of a town or village officer, the seventh
day preceding the day of election. Such question shall be heard
upon such notice to such officers, persons or committees as the
said court or justice or judge thereof shall direct.
The supreme court, at special term, in any judicial district in
which two or more proceedings are pending in such district under
the provisioi^ of this section may, by order, 4!onsolidate all such
proceedings and provide that further proceedings therein be had
before such court at special term, in all cases where the question or
questions involved are identical^ If one or more of such proceed-
ings be pending before a justice or county judge, notice of such
order shall be forthwith given to such justice or judga iAs
amended hy chap. 649, Laws of 1911, chap, 820, Laws of 1913,
and chap. 244, Laws of 1914.]
74 The Election Law
•
§ 126. Supplyiae oniiftted embknur. If a party or
independent body shall have nominated candidates to be Rioted foi
by the voters of the entire state, in any year, and ^lall have n»
device ox emblem^ selected and certi&ed as required by this chiqrter,
to distinguish such candidates, it shall be the duty of the seexetazy
of state to select a device or em^blem for that purpose, and audi
device or emblem so chosen shall be used to distinguish all candi-
dates of that party or independent body throughout the slate,
whether such candidates are nominated for state or local ofSces;
and if any certificate of nomination of candidates to be voted for
by the voters of a district less than the entire state shall be- filed
with the secretary of state, or with any public officer pursnant to
this article, by an independent body, or if nominations for such
ofiices be made by a party, which independent body or party shall
have made no nomination of candidates for offices to be filled by the
voters of the entire state, and su<Ji independent certificate of
nomination shall omit or the state eonunittee of such party shall
have omitted to select a device^or emblem to diatinguiah the candi-
dates thus nominated, it shall be the duty of the secretary of state
or other public officer with whom an independent certificaite of
nomination for such offices is required by this chapter to be
filed to sdeet a device or emblem to represent such candidates.
[As amended by chap. 820, Latvs of 1913.]
§ 127. Places of filing indepe&dtent certificates of
moiiiinatioiL* Independent certificates of nomination of candi-
dates for office to be filled by the voters of the entire state, or of anj
division or district greater than a county, shall be filed with the
secretary of state, except that each such certificate of nomiiiu-
tion of a candidate for member of assembly for the assem])ly dis-
trict composing the counties of Fulton and Hamilton shall be
filed in the office of the board of elections of Fulton coxmtv, and
a copy thereof certified by the board of elections of Fulton county
shall be filed in the office of the board of elections of Hamilton
county, so long as the said countierf constitute one assembly dis-
trict, and except th^ such certificates of nomination' of candidate
for offices to be filled only by the voters or a portion of the votert
of the city of New York shall be filed with the bofurd ef eleetioBe
of the city of New York.
Independent certificates of nomination of caasQktdates iov
offices to be filled only by the votes of voters^ part of wluDm aie
of New York city and part of whom are of a comity not ^pfaolty
within the city of New York, shall be filed with the bemrd e£
UOMINATSOKS 75
tiomi of flvdb eotanty sad m ihB tiffitt of £be bonni of eleetiniB o£
mA dtf* Sack oei^sficatosi of nogriniitnnn of candidarles &ir
offioea of asj otiber dtj, to he elected at the some time at which
a general election is bdd sball be £led with the botpd of elections
of the cousty in which «udi city is located. Sueh certifieates
of nomHMition of candidates for oAoes of a city, Tillage ^r towa
to be elected at a different time from a general election shall be
filed with the clerk ef imdk eity, village or town, respectively.
In towns in which torwn meetings are held at the time of genera!
elections, independent certificates of nomination of candidates
for town offices shall be in duplicate, one of which shall be filed
with the town clerk of the town in which such officers are to be
voted for, and the other with the b^bj-d of elections of the county
in which such town is located. All otlier independent certificates
of nomination shall be filed with the board of elections of the
county in which the candidates so nominated are to be voted for.
AH such filed certificates and corrected cei'tificates of nomina-
tion, all objections to such certificates and all declinations of
nomination are hereby declared to be public records ; and it shall
be the duty o£ every officer or board to exhibit without delay
every such paper to any person who shall request to see the sameL
It gfcall also be the duty of each such officer or board to keep a
book which shall be open to public inspection, in which shall be
correctly recorded the names of all candidates nominated by inde-
pendent certificates issued by or filed in the office of such officer
or board or certified thereto, the title of the office for which any
such nomination is made, the name and emblem of the independent
body making such nomination, and in which shall also be stated all
declinations of ench nominations, or objections to suck nomina*
tions, and the time of filing each of the said papers. [As amended
by chap. 891, Laws of 1911, and chap. 820, Lanrs of 1913.]
% 128. TioiM of Alias independent eertiflefttea of
»oniinmtli»n. Indepezideiit certificates of nomination reqnii»i
to be filed with the seeretary of state shall be filed not earlier than
the sixth T^ieeday, and iiot later than twenty-five days before the
day of geBCoral Section. All other independent certificates of
lumiinatiaB, esoept those required to be filed with village clerks
and widi town clerks of towns in which town meetings are held
^ a time otiier &an the time of general elections, shall be filed not
earlier than ike mxSn Tuesday and not later than twenty days
before &e d^ of general election. Independent certificates of
76 The Election Law
nomination required to be filed with village clerks and with town
clerks of towns in which town meetings are held at a time other
than the time of general elections shall be filed at least ten, and
not more than twenty days before the day of election.
In case of a special election ordered by the governor under the
provisions of section two hundred and ninety-two of this chap-
ter, independent certificates of nomination for the office or offices
to be filled at such special election shall be filed with the proper
officers or boards not less than ten days before such special election.
[As amended by chap. 891, Laws of 1911, and chap. 820, Laws of
1913.]
§ 120. Certification of nominations by secretary
of state. The secretary of state shall, fourteen days before the
election, or nine days before a special election, certify to the board
of elections of each county, and to the board of elections of the
city of New York, the name, residence and place of business, if
any, of each candidate either nominated in any certificate so filed
with him, or to whom he has issued a certificate, for whom the
voters of any such county or said city, respectively, may vote, the
title of the office for which he is nominated, the party or other
political name specified in such certificate, and the emblem or
device chosen to represent and distinguish the candidates of the
political party or independent body making such nominations.
[As amended by chap. 891, Laws of 1911.]
§ 130. Publication of noniinations. At least six davs
before an election to fill any public office the board of elections of
each county, except those counties which are wholly within the
city of New York, shall cause to be published in not less than tv^o
nor more than four newspapers within such county, one of which
shall be a daily newspaper, if a daily newspaper is published in
'^uch county, and in any county having one hundred thousand or
more inhabitants, adjoining a city having a population of one
million or more, in not less than six nor more than ten newspapers,
a list of all nominations of candidates for offices other than town
offices to be filled at such election, certified to such board by the
secretary of state, or filed with such board or certified by such
board. The board of elections of the city of New York shall,
within the same time before an election to fill any public office,
cause to be published in two newspapers published in each borough
within such city a list of the nominations of candidates for office
JfOM I NATIONS 77
to be voted for at such election in such boroughs respectively which
were certified to such board by the secretary of state, or filed in
the office of such board, or certified by such board and in the
borough of Brooklyn the board of elections shall cause such pub-
lication to be made in the newspapers designated as corporation
newspapers of said borough and in one daily newspaper published
in the Jewish language.
Such publication shall contain the name and residence, and if
a city, the street number of the residence and place of business,
if a;iy, and the party or other designation of each candidate, and
a fac simile of the emblems or devices selected and designated
as prescribed by this article, to represent and distinguish the
candidates of the several political parties or independent bodies.
The city clerk of each city except New York, and the board of
elections of the city of New York, shall at least six days before an
rloction of city officers thereof, held at a different time from a
general election, cause like publications to be made as to candi-
dates for offices to be filled at such city election in a like number
of newspapers published in such city.
One of such publications shall be made in a newspaper which
advocates the principles of the political party that at the last pre-
ceding election for governor cast the largest number of votes in
the state for such office ; and another of such publications shall be
made in a newspaper which advocates the principles of the politi-
cal party that at the last preceding election for governor cast the
next largest number of votes in the state for such office. The
officer or board, in selecting the papers for such publications, shall
select those which, according to the best information he can obtain,
have a large circulation within such county or city. In making
additional publications, the officer or board shall keep in view the
object of giving information, so far as possible, to the voters of
all political parties. The officer or board shall make such publi-
cation twice in each newspaper so selected in a county or city
in which daily newspapers are published ; but if there be no daily
newspaper published within the county, one publication only shall
be made in each of such newspapers.. Should the board of elec-
tions or other officer find it impracticable to make the publication
six days before election day in counties where no daily tiews-
paper is printed, he shall make the same at the earliest possible
day thereafter, and before the election. [As amended by chap.
891, Laws of 1911, and chap. 673, Laws of 1915.]
78 The Election Law
§ 181. lAmtm for twm olerks aaid mldermmDu Tlie
board of elections of eacfe county, exoept tbose conntieB which are
wholly within the city of N"«^ York, shall at least six days before
election day send to the town clerk of each town, and to an alder-
man of each ward in any city in Ae county, at least five and not
more than ten printed lists for each election district in such town
or ward, containing the name and residence, and if in a city, tie
street number of residence, and place of business, if any, of all
candidates whose certificates of nomrnation have been filed with
or issued by it or been certified to it, and the party or other desig-
nation, and also a fac simile of the emblem or device of each polit-
ical party or independent body nominating candidates to be voted
for by the voters of the respective towns and wards. Such lists
shall at least three days before the day of election be conspicu-
ously posted by such town clerk or alderman in one or more public
places in each election district of such town or ward, one of
which lists shall be so posted at each polling place. [As amended
hy chap. 891, Laws of 1911.]
% 132. PcMtins tomm and village nomiAatlens.
Each town and village clerk shall cause at least ten copies of a
like list of all nominations to office filed with him for an election
to be held art a time other than the day of the general election,
to be conspicuously posted in ten public places in the town or
village, at least one day before the town meeting or village elec-
tion, one of which copies shall be so posted at eadt' polling place
of such town meeting or village election.
§ 183. DeelittatiOB of aomiiuition. The name of a
person nominated for an office otherwise than by an official primary
election, shall not be printed on the official ballot if he notifies the
board or officer with whom the original certificate of his nomina-
tion is filed, in a writing signed by him and duly acknowledged,
that he declines the xKxmination, or if nominated by more than one
political party or independent body, the nan^ of a person so
nominated shall not be printed on the ticket of a party or inde-
Sndent body whose nomination he shall in like manner decline,
the declination be of a nomination filed with the secretarv of
state, such notification shall be given at least twenty days before
the election. If the declination be of a nomination filed with a
board of elections of any county and in the oounties within the
citv of Xew York with the board of elections of the city of New
NoHIHrATlOKS 7ft
York, or with the eiij elnrk of aay eity^ ftuch notifieatian riiall
be given at leaAt eighteen day& before the election. If the deeliua-
Uon he of a partj nomination £kd with a town or viUage
d^k, aneh notification shall be given at least tea dajs^ and if
of an independent nomination at least Bsrvesi days before the
eleotion; except that .a declination of n<»nination to a town office
in towns where town meetingia are held at the time of general eleo-
tiooB^ must be filed in the office of the board of elections^ within
the time required by this section for filing the declination oi
nomination to a county office, and the board of elections shall
forthwith notify the town clerk in writing of such declination.
When a person who was not designated for nomination at an
official primary election receives a nomination for public office
at such primary, it shall be the duty of the board or officer with
whom designaticms for nominations to such office are required by
this chapter to be filed' to fcMrthwith notify, by mail, such person
of his nomination. A person nominated as aforesaid, without
desigaation, at an official, primary, may decline such nomination
not later than the seventh day after tiie day of the primary at
which he was nominated, by filing his written decHnation thereof,
signed by him and duly acknowledged, with the board or officer
with whom designations for nomination to such office are required
by this chapter to be filed.
The board or officer to whom such notification is given shall
forthwith inform by mail or otherwise the committee appointed
on the face of such certificate as provided by sections one hun-
dred and twenty-one and one hundred and twenty-three of this
chapter, that the nomination has been declined, and if such declina-
tion be filed with the secretary of state, such officer shall also give
inunediate notice by mail or otherwise that such nomination has
been declined, to the several boards of elections or oth» officers
authorized by law to prepare official ballots for election districts
affected by snch declination. [As amended hy cJuip. 891, Laws of
1911, and chap. &2a. Laws of 1913.]
§ 134. Olijectioiis to certifioateft •£ nominatioiu
k written objection to any certificate of nomination may be filed
with the officer with whom the original certificate^ of nomination
U filed within three days after the filing of such certificate, except-
ing that if by any independent certificate of nomination any per*
wm is nominated who is at the time or shall be after the filing of
sod independent certificate of nomination, the candidate of a
80 The Election Law
political party for tLe same office and the party certificate has been
filed after the filing of t&e independent certificate of nomination,
the written objection to the independent certificate of nomination
may be filed within three days after the filing of such party certi-
ficate ; and if written objections to such independent certificate of
nomination have been already filed by the same or some other per-
son and 8hal^haye been heard and determined or heard and not
determined, there shall be a new hearing upon all the objections
so filed, the written objections to an independent certificate of
nomination filed after the filing of a party certificate as herein
provided may contain all objections to such independent certificate
notwithstanding the same or some other person has already filed
objections to such certificate. If such objection be filed, notice
thereof shall be given forthwith by mail to the committee, if anv,
appointed on the face of. such certificate for the purposes specified
in section one hundred and thirty-five of this article, and also
to each candidate placed in nomination by such certificate. The
question raised by such written objection, shall be heard and deter-
mined as prescribed in section one hundred and twenty-five of
ibis article. [As amended by chap. 649, Laws of 1911.]
§ 136. Filling: Tacanoies in nominations. If a nomina-
tion made otherwise than by an oflScial primary election is duly de-
clined, or the attempt to nominate at a primary results in a tie,
or a candidate regularly nominated otherwise than, by an official
primary election dies before election day, or is found to be dis-
qualified to hold office for which he is nominated, or if any certifi-
cate of nomination is found to be defective but not wholly void,
the committee appointed on the face of such certificate of nomina-
tion, as provided by sections one hundred and twenty-one and
one hundred and twenty-three of this chapter, may make a new
nomination to fill the vacancy so created, or may supply such
defect, as the cajae may be, by making and filing with the proper
officer a certificate setting forth the cause of the vacancy or the
nature of the defect, the name of the new candidate, the title of •
the office for which he is nominated, the name of the original
candidate, the name of the political party or other nominating
body which was inscribed on the original certificate, and such
further information as is required to be given by an original cer
tificate of nomination ; except that where a certificate is filed pur-
suant to this section to fill a vacancy, it shall not be lawful to select
a new name or emblem, but the name and emblem chosen to dis-
Nominations 81
tiiiguisL the candidate nominated by the original certificate shall
be used to distinguish the candidate nominated as provided by
this section. lAs amended by chap. 891, Laws of 1911, and chap,
820, Laws of 1913.]
§ 136. Certificates of new nominations. The certificate
so made shall be subscribed- and acknowledged by a majority of the
members of the committee, and the members of the committee
subscribing the same shall make oath before the officer or officers
before whom they shall severally acknowledge the execution of
the said certificate that the matters therein stated are true to the
best of their information and belief. Except in case of the death
of a candidate after the official ballots have been printed and before
election day, the said certificate shall be filed in the office in which
the original certificate was filed, at least five days before elec-
tion, if filed in the office of a town or village clerk; otherwise
at least fifteen days before the election ; and upon being so filed
shall have the same force and effect as an original certificate of
nomination. When a new certificate of nomination is filed with
the secretary of state, he shall, in certifying the nomination to
the various boards and officers, insert the name of the person who
has been thus nominated, instead of that of the candidate nom-
inated originally, or, if he has already sent forward his certificate,
he shall forthwith certify to such boards and other officers the name
of the person newly nominated, and such other facts as are required
to be stated in such certificate. [As amended by chap. 891, Laws
of 1911, and chap. 820, Laws of 1913.]
§ 137. Death of candidate after printing of ballots ;
official pasters. In case of the death of a candidate after the
official ballots have been printed, and before election day, the va-
cancy may be filled by filing the proper certificate of nomination of
a candidate to fill such vacancy, with the officer or board with
whom the original certificate was filed, or by whom it was issued,
and if filed with the secretary of state, the secretary of state shall
inunediately give the necessary notifications, and it then shall
be the duty of the officer or board furnishing the official ballots to
prepare and furnish to the inspectors of election in the election dis-
tricts affected adhesive pasters containing the name of the candi-
date nominated to fill the vacancy. The pasters shall be of plain
white paper, printed in plain black ink and in the same kind of
type as that used in printing the names of the candidates upon the
82 The Elsction Law
official ballots, and shall be of a size as large as and no larger tbaa
tbe space occupied upon the official ballot bj the name of the cafidi-
date in whose place the candidate named upon the paster has beeir
nominated. If, however, the deceased shall be the candidate of
several parties or bodies, and they shall not nominate the same
candidate as his successor, a paster shall be prepared which shall
contain the entire matter to be contained in the section on which
such deceased candidate's name appears, and shall be pasted over
the whole section and shall supersede it.
Whenever such pasters are provided, the officer or board far-
nishing them shall certify to the inspectors of election in the
election districts affected by the vacancy, the name of the original
candidate, the name of the new nominee, the title of the office
for which the nomination is made^ and the name of the political
party or independent body making the nomination, and shall state
the number of pasters furnished which number shall be equal to
the number of official ballots furnished for such district Upon
the delivery of said pasters, the inspectors of election shall sigu
a receipt for the same, which receipt shall be retained by the
officer or board furnishing the pasters, and shall be part of the
record of his or their office. The inspectors shall deliver the
pasters to the ballot clerks, who are required to affix one of such
pasters in the proper place and in a proper manner upon each
official ballot before said ballot shall be delivered to a voter.
When so affixed to the official ballot, the pasters sh&U be part of
the official ballot. The ballot clerks shall include in their state-
ment of ballots a statement showing the number of pasters re-
ceived by them, the number of pasters affixed to official ballots
and the number of unused pasters returned by them, the unused
pasters to be inclosed in the package of ballots not delivered to
voters.
The use of any paster upon the official ballot otherwise than
as herein provided is hereby declared a felony, punishable by
imprisonment in a state prison for not less than one nor more
than five years. {^As amended by chap. 891, Laws of 1911, €tnd
chap. 821, Laws of 1918.]
ARTICLE 6
Resistration of Voters
Section 150. Meetings for registration.
151, **Additional meetings for registration.
'* Section repealed by r »p. 649, Laws of 1011.
Beoistsation of Votsbs
83
Section
62. Conduct of meetings; watchers.
53. Adding and erasing names on rpgister.
54. Register of voters. »
55. Register; how arranged.
56. ^•Register where personal registration is not re-
quired.
57. Preparation and distribution of registry lists; in-
vestigation of false registration.
58. Registration in cities and in villages of five thou-
sand inhabitants.
59. Registration elsewhere.
60. Registration for other than general elections.
61. Registration for town or village elections.
62. Qualifications of voters.
63. Gaining or losing a residence.
64. Illiterate and disabled voters.
65. Change of residexice within election district.
66. Registration days not holidays.
67. Preparation of challenge affidavits.
68. Form of challenge affidavits.
69. Challenging applicants for registration.
70. Investigaticm into truth of affidavits.
71. ^^'Duplicata book of challenge affidavits.
72. Digposition of challenge affidavits.
73. Entry requiring challenge by inq)ectoiB.
74. Production of naturalization papers.
75. Persons excluded from the suffrage.
76. Certification of register.
77. Making up the registers ; custody thereof after regis-
trati<»i.
78. Custody and filing of registers after registration in
cities of first class.
79. Certifying changes in registers.
80. Custody of registers after election.
81. Certifying number of registered voters.
82. Delivery of blank books for registration ; certificates
and instructions.
182i-ft. ^Special instructions to voters to be prepared for
the year nineteen hundred and fourteen*
"Section repealed by chap. 64^, Laws of 1911.
*)iRopMM by diap. 244, Laws of 1014.
* ikdded by chap. 843, Laws ot 1914.
84 The Election Law
Section 183. Delivery of previous registers and poll books to in-
spectors.
184. Penalties.
§ 150. Meetings for registration. 1. Except as other-
wise herein provided, before every general election, the board of
inspectors for each election district in every city, and in vil-
lages having five thousand inhabitants or more, shall hold four
meetings for the r^stration of the electors thereof, at the place
designated therefor, to be known respectively as the first, second,
third and fourth meetings for registration. The said meetings
shall be held on the fourth Friday, fourth Saturday and the third
Friday and third Saturday before such election. Each meeting
shall begin at seven o'clock in the forenoon, and continue tnitil
ten o'clock in the evening. In all election districts other than
in cities or villages having five thousand inhabitants or more,
the board of inspectors of election for each such election district
shall hold two meetings for the registration of voters thereof, at
the places designated therefor, before each general election,
namely, on the fourth and third Saturdays before the election,
to be known respectively as the first and second meetings for
registration, which meetings shall begin at seven o'clock in the
forenoon and continue until ten o'clock in the evening.
2. In a city having more than one million inhabitants, the
board of inspectors for each election district shall hold six meet-
ings for the registration of the electors thereof before each gen-
eral election. Such meetings shall begin on Monday the twenty-
ninth day before such election and continue on each day of the
same week up to and including Saturday. On each day except
Saturday the meeting shall begin at half past five o'clock in the
evening, and on Saturday at seven o'clock in the morning. All
such meetings shall continue until half past ten o'clock in the
evening. [As amended by chap. 649, Laws of 1911, chap. 800,
Laws of 1913, and chap. 678, Laws of 1915.]
§ 151. Additional meetinss for registratioiu If a
special election be called by the governor or a special or other
election be appointed by or pursuant to law for a time other than
the day of general election, the inspectors of election of the vari-
ous election districts in the political subdivision for which such
special or other election is to be held shall meet in their respective
districts on the second Saturday preceding such election, from
eight o'clock in the forenoon to ten o'clock in the evening, for the
Reoistkation of Voters 85
purpose of revising and correcting the register of voters as pro-
vided in this article. [Added by chap, 537, Laws of 1916.]
§ 152. Conduet of meetings; ixratcliers. No inspector
shall on any day for registration be absent during the hours fixed
for registering Uie names of electors. Each political party or inde-
pendent body duly filing or entitled to file certificates of nomina-
tions of candidates for offices to be filled at any such election may,
bv a writing signed by the duly authorized county, city, town or
village conmiittee of such political party or independent body, or by
the chairman or secretary thereof charged with that duty, and de-
livered to and filed with one of the inspectors of election, appoint
not more than two watchers to attend any meeting or meetings of
inspectors for an election district held for the registration of elect-
ors thereof. Each watcher must be a qualified elector of the
county in which the election district for which he is appointed a
watcher shall be located, provided that women who are citizens and
residents of the county, and of the age of twenty-one years, may
act as watchers, with full rights and privileges of such office, at any
meeting or meetings, of inspectors for an election district held for
the registration of electors thereof, immediately preceding any
election whenever held at which a woman suffrage constitutional
amendment is to be submitted to the voters except that but one
woman watcher for, and one woman watcher opposed to, the
adoption of such amendment shall be permitted in each election
district. Such watchers may be present at such polling place, and
within the guard-rail, from at least fifteen minutes before the
commencement of the said meeting until after the completion of
the duties of the board of inspectors for that day of registration.
[As amended by chap. 428, Laws of 1910, chap. 649, Laws of
1911, and chap. 242, Laws of 1914.]
§ 153. Adding and erasing names on register. If the
board of inspectors at any meeting for the registration of electors
shall have neglected or refused to place upon the register of electors
the name of any person who is entitled to have his name placed
thereon, application may be made to the supreme court, or any
justice thereof in the judicial district in which such election
district is located, or of a county adjoining such judicial district,
or to a county judge of the county in which such election district
is located, for an order to place such name upon the register of
electors; and such court, justice or judge may, upon sufficient
evidence, and upon sudi notice of such application, of not less
89 Thb Eejcgtion Law
tkan twenty-four hours, to the board of inspectors and such oAer
persons interested, as the court, justice or judge may require,
order such inspectors to convene as a board of registration on
liie second Saturday before such election, and to add the name
of such person to such regiater of electors, and such raster shall
be corrected accordingly; but no court, justice or judge shall
order the name of any person to be added to the register of
electors unless it shall have been omitted therefrom through the
fault, error or negligence of the election officers* In case the name
of any person who will not be qualified to vote in such election
district, at the election for which such r^istration is made, shall
appear upon such register, application may be made in like
manner by any elector of the town or city in which such election
district is located or by the state superintendent of elections or any
deputy state superintendent of elections to any court, justice or
jxidge hereinbefore designated, for an order striking such name
from the register, and such court, justice or judge may, upon
sufficient evidence^ and upon such notice of such application, of
not less than twenty-four hours, to the person interested as the
court, justice or judge may require, served either personally or by
depositing the same in the post-office addressed to said person by
his name, and at the address which appears in the register certified
by the inspectors of election, order such board to strike such name
from such register of voters, and such register shall be corrected
accordingly. In all applications to strike the names of voters from
the register under this section an affidavit by the state superin-
tendent of elections or any of his deputies when duly deputed
by the state superintendent of elections for that purpose, that
investigation was made by him pursuant to the provisions of
section four hundred and seventy-fi\'e of this chapter, and that
the affiant did visit and inspect the premises claimed by the voter
as his residence, and did interrogate an inmate, bouse dweller,
keeper, caretaker, owner, proprietor or landlord thereof or
therein as to the said voter's residence therein or thereat, and
that the said affiant was informed by one or more of said persons,
naming them, that they were acquainted with and knew the pei*-
sons residing therein or thereat, and that the voter did not reside
at said premises thirty days before election^ shall be presumptive
evidence against the right of the voter to register from such
premises, and in ease the court, justice or judge direct that serv-
ice of the order to show cause may be made by depoaiting the
same in the post-office, such service shall not be complete until
Reoi&tkation of Votebs 8T
a copy of the order to show cause shall also have be^ti served
upon the custodian of primary records for the political subdivi-
sion in which such election district is located, and upon the
chairman of each political committee for the political sulxlivisioa
in which such election district is located. If upon the hearing
of such application the court, justice or judge shall decide that
the name of the elector shall be stricken from the register, the
order of the court, justice or judge shall direct that the board of
elections shall cause such name to be stricken from the re^
ister and also from the books of enrollment if it appears therein.
In case the elector has, through no fault or neglect of his own,
been registered in a wrong election district, the board of elections,
upon proper proof, and upon such notice to the chairmen of the
(^oTinty committees of the several parties as the board shall pre*
f^cribe, may direct that his name be stricken from the register of
the district in which he is not a qualified elector and, if he is a
qualified elector in an adjoining election district within the juris-
diction of such custodian, may direct that he be re^stered in the
election district in which he is a qualified elector. The proper
inspectors of elections shall carry out the directions of the board.
In a county having a single commissioner of elections or where
the duties of a board of elections are performed by a county clerk,
t^uch officer shall not have power to make any such direction. In;
any such county, such direction may be made lyjr the court, upon
proper proof. No application to add a name to or strike a natiwi
from tl» raster shall be made after a day at least two days prior
to the second Saturday betee election. [As amended hy maps,
649 and 740, Lau^s of 1911, chap. 820, Laws of 1918, ckap. 587,
Latue of 1916, and chap. 703, Laws of 1917.]
5 154. Re8:i8ter of voters. The board of inspectors of
each election district in the state shall, at their meetings for
r^stration for the general election in each year, make a quad-
ruplicate register — one copy by each inspector — in the forms
hereinafter prescribed, of those persons, and none other, who are
or will be qualified to vote in such district at such election, which
register when finally completed, shall be the register of voters of
the district for such election. Such register shall also be used at
all other dections held in such district during the year succeeding
the election for which it is made, except for town meetings and
village elections for which no registration is required.
88 The Election Law
§ 155. Register; hoixr arranged; sisi&atiire law. 1.
This subdivision shall apply to election districts outside of a city
having more than one million inhabitants. In all such election
districts the register shall be arranged in twenty-four column?,
except- that in election districts in which personal rostra-
tion is not required it shall consist of twenty-three col-
umns, of which the first twenty-one columns shall be the
same as in the registers for election districts in which personal
registration is required. The leaves of the register shall be
indexed from A to Z.^ In the first column of such raster
there shall be entered, at the time of the completion of the reg-
istration on the last day for registration, a number opposite
the name of each person so enrolled, beginning with "one"
opposite the first name entered in the page indexed A and contin-
uing in numerical order to and including the last name entered
upon the last page of such register. On each day of registration
there shall be entered in the second column thereof the surname of
such persons in the alphabetical order of the first letter thereof, on
the page bearing the index letter of such surname and in the third
column the christian name or names of such persons respectively.
In the fourth column shall be entered the residence number or
other designation, and in the fifth column the name of the street
or avenue of such residence or a brief description of the locality
thereof. In the sixth column shall be entered the number of the
floor or room occupied by the elector at the residence given by
him, and in the seventh column shall be entered the full name
of the householder, tenant, subtenant or apartment-lessee with
whom the elector resides, and in the eighth column shall be en-
tered his age, in the ninth, tenth and eleventh columns shall be
entered his length of residence by years, months and days as the
case may be, in the state, county and election district, respectively;
and in the twelfth column shall be entered the country of his
nativity which shall mean the country, state or province of the
elector's birth, irrespective of his former political allegiance, l^
the thirteenth column, if he be a naturalized citizen, shall be
entered the date of the naturalization certificate under which he
claims citizenship and iii the fourteenth column shall be entered
the designation of the court issuing such naturalization certificate.
In the fifteenth, sixteenth, seventeenth and eighteenth cohunns
shall be entered respectively the name of the state, the city or
town, and the street number and the name of the street or avenue
of the residence of such person from which such person last regis-
Eegistkation of Voters 89
tered or voted, and the jear in which he last registered or voted.
In the nineteenth column shall be entered the date of the regis-
tration of the elector. In the twentieth column shall be entered
if the elector is in business for himself or with others the name
nnder which he is so in business, or, if the elector is employed
by some other person, the name of his present employer. If
he is not in business and has no employment, the word " none "
shall be entered, together with the* name under which he was
last in business or the name of his last employer, if any. In
the twenty-first column shall be entered the street and number,
or if it has no street number, a brief description of the location
of the place, if any, where he is so in business or employed, or,
if imemployed, the place, if any, where he was last in business
or employed. The information required to be stated in the twen-
tieth and twenty-first columils shall only be asked in the event
that the person offering to register shall not have registered in
the same county in the general election immediately preceding.
The twenty-second column of the register of any election district
in which personal registration is required shall be reserved for the
signature, at the time of registration, of any elector who registers
prsonally in any such district, or in ease such elector alleges his
iMbility to write, for entering therein the number of the " identi-
fication statement for registration day " made by such elector as
thereinafter provided. Above each horizontal line in the said
twenty-second column shall be printed the words " the foregoing
^^tatements are true " and the elector shall at the time of personal
registration, sign his name by his own hand and without assist-
ance, using an indelible pencil or ink, below such words on the
horizontal line in the register of electors, which register shall be
known as the " signature copy.'' Said signature copy shall be
me of the registers, other than the public copy, which signature
copy shall be kept by an inspector of opposite political faith from
the chairman, and shall be used at the polls on election day. The
twenty-third column, or, in the register for an election district in
which personal registration is not required, the twenty-second
column, shall be reserved for entering the consecutive number
on the stub of the official ballot, voted by the elector on election
fhj. In the twenty-fourth column, or, in the register for an elec-
tion district in which personal registration is not required, the
twenty-third column, shall be entered, opposite the name of each
elector, under the heading " remarks " the facts regarding chal-
lenges, oaths and other facts affecting such elector required to be
W Thb Election Law
recoorded, iBcluding^ in the oase oi a person not requirecl to i^^
ister peapfionally who did in fact so register, the word " personal/*
2. This subdivision shall apply only to election districts within
a eity having more than one million inhabitants. In all eleetion
distriots in any such city, the registw shall be arranged in twenty-
nine (at the g^ieral election preceding a presidential primary,
thirty) cdumns, and the leaves thereof shall be indexed from A
ta Z. The first column of the register shall be entitled '^ Regis-
tration Ko. of Voters," and in sncdi column shall be entered at tiie
time of the completion of the registration on the last day for«r^is-
tration, a number opposite the name of each person so registered,
beginning with " one " opposite the first name entered in the page
indexed A and continuing in numerical order to and including the
last name entered upon the last page of such register. Columns
two to twenty-four inclusive shall be filled in on each day of regis-
tration as each voter is registered, and the remaining columns at
the times respectively provided. All such columns shall be appro-
priately entitled to indicate their purpose. In the second column
shall be entered the date of the registration of each voter. In the
third column shall- be entered the surname of such persons in the
alphabetical order of the first letter thereof, on the page bearing
the index letter of such surname. In the fourth column shall be
entered the christian or given name or names of such persons
respectively. In the fifth and sixth columns shall be entered the
residence number or other designation, and the name of the street
or avenue of such residence or a brief description of the localitv
thereof. In the seventh column shall be entered the number of the
floor or room occupied by the elector at the residence given by
him. In the eighth column shall be entered the full name of the
householder, tenant, subtenant or apartment lessee with whom the
elector resides. In the ninth column shall be entered the elector's
age. In the tenth, eleventh and twelfth columns shall be entered
the length of the elector's residence by years, months and days as
the case may be, in the state, county and election district, respec-
tivelv. In the thirteenth column shall be entered the countrv of
his nativity, which shall mean the country, state or province of the
elector's birth, irrespective of his former political allegiance. In
the fourteenth and fifteenth columns, if the voter be a naturalized
citizen, shall be Altered the date of the naturalization certificate
under which he claims citizenship and the court issuing such
naturalization certificate. In the sixteenth, seventeenth, eighteenth
and nineteenth columns shall be entered respectively the name
Rbbxstbatiox ov Yotisbs 91
of the state, the city or town, the street number a&d the name ct
the street or ayeaue of the residence of such person from whick
such peraon last r^giatered or voted, and the year in which he last
Festered or yoted. In the tw^itieth oolnaim shall be Altered, if
the elector is in business for himself or with others^ the name
under which he U so in business, or, if the elector is employed
by some other p^;i»on, the name of hie present mnplojer. If he is
not in business and has no employment, the word " none ^ diatt
be entered, together with the name under whitii he was last in
business or the name of his last employer, if any. In the twenty^
first fsolumn diall be entered the street and number, or if it has
no street number, a brief description of the location of Ae place^
if any, where he is so in business or employed, or, if unemployed,
the place, if any, where he was last in business or employed. The
twenty-second column shall be reserved for the signature of any
elector who registers personally, at the time of registration, or, in
case the elector alleges his inability to write, for entering therein
the number of the '* identification statement for registration day "
made by such elector as hereinafter provided* Above eac^ hori-
zontal line in the said twenty-sec(md ocdumn shall be printed the
words ^^ the forgoing statements are true " and the elector shall
at the time of personal registration, sign his name by his own hand
and without assistance^ using an indelible pencil or pen and ink,
below such words cm the hcmzontal line in tiie register of ^ectors^
which register shall be known as the '' signature copy." Said sig-
nature copy shall be' one of the registers, other than the public
copy, which signature copy shall be kept by an inspector of opposite
political faith from the chairman, and shall be used at the polls
on election day. In the twenty-third column tiie person who has
personally made the entries aforesaid in registering the voter
shall sign his own initials in evidence thereof, which signature
must be made at the same time that the voter is registered. In
the twenty-fourth column shall be entered the number oa the en-
rollment blank which is given to tho voter to enable him to enroll
in a party as provided in article two of this law. The twenty-
fifth column shall be reserved for the entry of the name of the
party, if any, in which the voter enrolls, or other statement, as
provided in said article two of this law. The twenty-sixth column
shall be entitled *^No. of Stub, Election Day," and shall be re-
served for entering therein the ciHisecutive number on the stub
of the official ballot or set of ballots voted by such voter on eleo-
93 The Election Law
tion day. The twenty-seventh column shall be entitled '- No. of
Stub, 1st Primary," and shall be reserved for entering dierein
the consecutive number on the stub of the official ballot cast bv
such voter at the first official primary, whether spring or fall.
following the general election for which such registration was
made. The twenty-eighth column shall be entitled *^ No. of Stub,
2d Primary," and shall be reserved for entering therein the con-
secutive number on the stub of the official ballot cast bv such
voter at the next succeeding official primary held prior to the
next enrollment, or, should an unofficial primary be held, for the
entry of the word " Yes " to indicate that such voter voted at such
primary. In preparing the registers for the general election next
preceding a presidential election an additional column (the
twenty-ninth in such case) shall be included, entitled **No. of
Stub, 3rd Primary," and shall be reserved for use at a third
primary, if any, as above provided for a second primary in other
years. The last column in the register shall be entitled "Re-
marks regarding challenges, oaths, and other facts required to be
recorded," and in such column shall be entered, opposite the name
of each voter, with the date of each such entry, such record of
challenges, oaths, and other facts relating to him as this law
requires to be entered in the register and are not otherwise pro-
vided for.
3. The provisions of this subdivision shall apply to all election
districts in which the registration of electors is required to be
personal. If the elector alleges his inability to so sign in the
cases provided for in either of the foregoing subdivisions, one
of the inspectors, designated by the chairman, shall read to the
elector the following list of questions from a book to be fumishe<l
said inspector and to be known as " identification statements for
registration day," and said inspector shall write down in said
book the answers of the elector to said questions : What is your
true name? What is or was vour father's full name? WTiat is
or was your mother^s full name ? What is your occupation ?
What is the name of your present employer? If unemployed,
what is the name of your last employer? Where is or was hi?
place of business ? Are you married or single ? Where did you
actually reside immediately prior to taking up your present
residence; state floor and character of premises? At the bottom
of each list of questions shall be printed the following statement:
" I certify that I have read to the above named elector each of
the foregoing questions and that I have truly recorded his answers
Registration of Voters 93
as ab0Ve to each of said questions," and said inspector who has
made the above record shall forthwith sign his name to said cer-
tificate and date the same. The above questions shall be printed
on separate sheets of paper which shall be furnished said inspector
bound together in book form and numbered consecutively, and the
number corresponding to the number on each sheet containing said
list of questions shall be entered when the questions have been
answered, in the twentynaecond column, in the register of electors
in which the electors registering have signed their names. Said
book of " identification statements for registration day " shall be
kept at all times with the register in which the electors sign their
names as hereinbefore provided. A sufficient number of identi-
fication statements for registration and election days, bound in
book form shall be furnished to each board of inspectors in the
same manner as the registration and poll-books are now furnished
to said boards of inspectors. The lines in the registers and poll-
Imks for election districts in which the registration of electors is
required to be personal shall be one-half inch apart.
4. Each page of the registers and poll-books for any election
district in the state shall in every case be consecutively numbered.
[As amended by cliap, 428, Laws of 1910, chap. 649, Laws of
1»11, chap. 678, Laws of 1915, atid ch4ip. 537, Laws of 1916.]
§ 157. Preparation and distribntion of registry
lists; investlsAtion of false registration. The board of
inspectors of each election district shall, inunediately after the close
of the last day of registration, make and complete one list of all
persons registered in their respective districts, in the numerical
order of the street numbers thereof, which list shall be signed and
certified by the board of inspectors. Such list shall be delivered by
the chairman of the board of inspectors to the police captain of the
precinct, if any, in which the election district is located, or au
officer thereof, or to the town clerk, who shall forthwith deliver
the same to the board of elections in the county in which such
election district is located. The board of elections of each county
containing a city of the first or second class and the board of elec-
tions of the city of New York, as soon as possible after the deliv-
ery of such lists, and, in the city of New York, within one hun-
dred and eight hours after the close of each annual registration,
and elsewhere not less than six days prior to the day of election,
shall print in pamphlet form for each ward of any such city
W The Election Law
within their refipective countiea, or for each assemUy dktiict
in the city of Xew York, not less than twenty-five times aB
many copies of said registration lists as there are election dis-
tricts in, such assembly district or ward, so that each assembly
district or ward pamphlet shall contain the lists of the several
election districts in snch assembly district or ward. Upon the
written application of the chairman of the executive ccminiittee
of the county committee of any political party whose candidates
are entitled to a place upon the official ballot to be voted at the
election for which the registration is madc^ the board of elections
of such city or of any such county^ as the case may be, shall
respectively deliver to such chairman five copies of each assembly
district or ward pamphlet for each election district within such
city, or, in the city of New York, within each assembly district of
the county which such county committee represents. Two
pamphlets containing the lists of the registered persons in the
election districts within his precinct shall be furnished to each
police captain in all such cities. It shall be the duty of every
police captain in every city of the state to forthwith cause an in-
vestigation of each name registered in his precinct to be made
and to report to the state superintendent of elections at his office
in such city or at such other office as such superintendent may in
writing designate any case of false registration there found. In
any city of the state in which registration lists are not printed,
including third class cities, it shall be the duty of the board of elec-
tions of the county or of such city to afford necessary facilities,
including clerical assistance, to every such police captain in tran-
scribing the whole or any part of the registration lists in aid of the
duty of investigation imposed on him under the provisions of tJiis
section. The board of elections in each county shall furnish to the
state superintendent of elections three copies of each pamphlet
printed by it. The remaining pamphlets so printed shall be
distributed in the discretion of the said boards, which shall havt)
respectively the power to charge for each pamphlet a sum not ex-
ceeding ten c^its a copy, and any moneys resulting from the sak
thereof shall be paid to the comptroller of the city of New Y<wpk
or county treasurer of the county for the benefit of the treasury <rf
such city or county. The boards of election shall contract for
the printing of such lists of registered electors with whomsoever it
may seem to said board to be most s^dvantageous to so contract, but
such contract shall only be awarded after proper public notice and
to the lowest bidder.
BOAKD OF E1.ECTIONS. 96
SofSi lists Bhell be made and printed as near as may be in the
fdlowing form, to wit:
GRAIO) STREET.
Beeidence number or
other designation. Name of elector.
14 Smith, John M.
16 Jones, Charles M.
[A9 amended by chap, 649, Lwu}a of 1911, chaps. 800 and 821,
Laws of 1913, chap. 678, Laws of 1915, chap. 537, Laws of 1916,
snd chap. 703, Laws of 1917.]
§ 158. Begiflivation in. oitieti and in Tillasea of five
thevsaiftd iakabitaj&ta. In cities and villages having five
thousand inhabitants or more, the names of such persons only as
personally appear before the inspectors, and who are or will be at
the election for which the registration is made, qualified electors,
shall be registered for a general election, except that whenever any
election district in a village having five thousand inhabitants or
more shall embrace within its boundaries territory without the
limits of such village, the inspectors shall, at their first meeting for
registration for a general election, place upon such register the
names of all persons appearing on the raster of the last preced-
ing general election who resided without the limits of such vil-
lage but within the election district and who voted at such la^t
preceding general election, except the names of such electors as
are proven to the satisfaction of such inspectors to have ceased to
be electors since such general election or to have moved within the
limits of such village. They shall also place upon such register,
at their first and subsequent meetings, the names of all other
persons residing without the limits of the village and within such
election district who may then appear before such inspectors and
apply for registration and who are or who will be at the election
for which the registration is made qualified electors, and also, at
their first and subsequent meetings, the names of all persons not
registered under the foregoing provisions who are known or
proven to the satisfaction of the inspectors to be then or thereafter
entitled to vote at such election and who reside within such elec-
tion district but without the limits of such city or village. [v4s
amended hy chap, 649, Laws of 1911, cluip. 820, Laws of 1913,
and chap. 537, Laws 0/ 1916.]
96 Tjie Election Law
I 159. Registration elsewhere. At the first meeting for
registration in any election district where only two meetings for
the registration of voters are held for any general election, as
provided in section one hundred and fifty of this article, tlie
inspectors shall place npon the register the names of all persons
who voted at the last preceding general election, as shown by the
register or poll book of such election, except the names of such
voters as are proven to the satisfaction of such inspectors to have
ceased to be voters in such district since such general election. |
They shall also place upon the register at their first and second
meetings the names of all other persons who then appear before
such inspectors and apply for registration and who are or will be,
at the election for which the registration is made, qualified electors,
and also, at their first and second meetings, the names of all per-
sons not registered under the foregoing provisions who are known
or proven to the satisfaction of the inspectors to be then or there-
after entitled to vote at such election. [As cumended hy chap. 649,
Laws of l&ll, chap. 820, Laws of 1913, and chap. 537, Laws of
1916.]
§ 160. Registration for other than general elec-
itions* At the meeting of the board of inspectors in a
city or village having five thousand inhabitants or more, for re-
vising and correcting the register for any election other than a
general election, the inspector shall retain upon the register of
their respective districts the names of all persons qualified to vote
at such election in such district which appear upon the register of
electors for the last preceding general election in such election
district, except the names of such electors as are proven to the
satisfaction of the inspectors to have ceased to be electors of such
district since their names were placed upon such register, and
shall, at such meeting, add only to such register the names of the
persons qualified as electors who shall personally appear before
the board. If, however, such elector resides within such election
district but without the limits of such village, his name shall be
placed upon such register, if it is shown to the satisfaction of such
board that he is entitled to vote therein.
In cities any elector who was registered in an election district
of such city at the last preceding general election, and who since
that time shall have removed into another election district in
the same city, and who is otherwise qualified to vote at such
special election, shall, upon demand, receive from the board of
inspectors of the district in which he was registered for such last
Registration of Voters 97
preceding general election a certificate duly signed by the said
board of the fact that his name was upon such register and has
been erased therefrom because of such removal, and his name
shall thereupon be erased from such register. Upon presentation
of such certificate by the elector to the board of inspectors of the
(lection district in which he resides, his name shall be placed
upon the register for such district. The inspectors must note
upon the register opposite the name of such elector the fact of
such removal, specifying the election district from which he has
removed. They shall carefully attach such certificate to the
register.
No elector shall cause his name to be placed upon the register
of an election district for any election other than a general elec-
tion, while his name shall appear upon the register of another
district to be used at such election.
Any person who shall violate this provision is guilty of a
felony, and upon conviction shall be punished by imprisonment
in a state prison for not less than two nor more than five years.
In all election districts other than in cities or in villages of five
thousand inhabitants or more, the board of inspectors in prepar-
ing for an election other than a general election shall add to the
register for the last preceding general election the names of such
electors as they know are or ^re satisfied by proof will be on the
day of such election entitled to vote thereat, and shall strike there-
from the names of all persons who are known or are proven to
their satisfaction to have ceased to be qualified electors of such
election district. [As amended hy chap. 649, Laivs of 1911.]
§ 161. Registration for town or village eleotlons.
No registration of voters shall be required for town or village
elections, except as provided in the village law, and except that
when a town or village election is held at the same time with a
general election all voters in such town or village to be entitled
to vote at such town or village election must be registered as pro-
vided by law for the registration of voters for any general election
in such town or village, \_As amended by chap, 424, Lawft of
1910.]
§ 162. Qnalifloations of voters. A person is a qualified
voter in any election district for the purpose of having his name
placed on the register if he is or will be on the day of flie election
qualified to vote at the election for which such registration ia
4
98 The Election Law
made. A qualified voter is a male citizen who is op will be on the
day of election twenty-one years of age, and who has been an rn-
habitant of the state for one year neort preceding the election, and
for the last fonr months a resident of the county, and for the last
thirty days a resident of the election, district in which he offers
his vote. If a naturalized citizen, he must, in addition to the
foregoing provisions, have been naturalized at least ninety day>
prior to the day of election. [As amended by chap. 821, Laws of
1913, ayid chap. 678, Laws of 1915.]
§ 163. Gaining or losing a residence. For the pnr
pose of roistering and voting no person shall be deemed
to have gained or lost a residence by reason of his presence or
absence while employed in the service of the 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 ex-
pense or by charity ; nor while confined in any public prison. Any
person claiming to belong to any class of persons mentioned and
referred to in this section shall file with the board of inspectors
at the time of registration a written statement showing where h^
is actually domiciled, his business or occupation, his business ad-
dress, and to which class he claims to belong. Such statement
shall be attached to the register, and be open for public inspection,
and the fact thereof shall be noted in the roister opposite the
name of the person so registered.
§ 164. niiterate and disabled voters. If, at any meet-
itig for the registration of voters, any person entitled to br
registered and of whom personal registration is required shall
declare to the board of inspectors at the time he applies
for registration that he is unable to write by reason of illiteracy,
or that he will be unable to prepare his ballot without assistance
by reason of blindness, or of such degree of blindness as wi"
prevent him, with the aid of glasses, from seeing the nainej^
printed upon tho ofiicial ballot, loss of both hands, or such total
inability of both hands that he can not use either hand for or-
dinary purposes, or that he will be unable to enter the votiuiT
booth without assistance by reason of disease or crippled condi-
tion, the nature of which he must specify, it shall be the duty of
the said board of inspectors to administer an oath to such pern^n
Reoistsation of Voters 99
in the following language^ naxaely: ^^ You do solemnly swear (or
afBmi) that you will be unable to prepare your ballot without
assistance, because," and after the word " because," continuing
with a statement of the specific disease or crippled condition as-
signed by the person as the cause of his alleged disability, and the
said inspectors and each of them shall make a note upon the
register of each instance in which such oath is administered, and
of the eause or reaaoa so assigned.
§ 165* Cluuiee of residence nv^ifhia election district.
If any voter after being registered shall change his plaee of resi
dence within the same election district, he may appear before the
board of inspectors of such district on any day of registration, or
on the day of election, and state under oath that he has so changed
his residence, and the board of inspectors shall thereupon make
the proper correction upon the register of such district.
§ 166. Registration days not liolidays* "No part of a
day fixed for the registration of voters shall be deemed a holiday
80 as to affect any meeting or proceeding of the board of inspectors
for registration.
§ 167. Preparation of challenge afidairits. The secre-
tary of state shall prepare and cause to be printed on good writing
paper in book form wherever he deems it desirable for the best
interests of the state, at least fifteen blank challenge affidavits for
each election district in cities and at least ten such blanks for each
election district outside of cities and shall transmit to each board
of elections or other officer to whwn or which he is required to
deliver the roister of voters, at the same time and in the same
manner as such register of voters is transmitted, a sufficient num-
ber of such books of blank challenge affidavits as shall provide one
such book for each board of inspoctors in each county, and sucli
officers shall transmit the said books to the respective boards of
inspectors in.the same manner and at the same time as the register
of voters. The secretary of state shall also furnish to such board
&ueh additional number of such books of challenge affidavits and
copies thereof, as hereinafter provided, as in his judgment shall
be necessary to replace lost or damaja^ed books and to provide extra
books to any election district in which the supply may be exhausted
during the registration of voters. Such extra books shall be fur-
mshed by such board to the inspectors upon application by the in-
100 The Election Law
specters or any citizen. lAs amended by chap. 244, Laws of
1914.]
§ 168. Form of challenge aJEdavits. Each challenge
affidavit shall have a stub attached thereto and separated from
such affidavit by a perforated line with a space on such stub for
writing the name and the address of the challenged person, and
both the stub and affidavit shall bear the same printed number
and shall be numbered in consecutive order in each book, begm-
ning with number one. Such challenge affidavit shall be printed
in the following form, to wit :
(Stub)
'^ Name of applicant
Address
(Perforated line)
CHALLENGE AFFIDAVIT
State of New York 1 g.
County of J
Election District
Assembly District (or Ward)
City (or town) of
What is your true name ?
Where do you actually reside ?
Under what name are you known at that address ?
Are you a householder ?
What is the name of the householder with whom you reside?
What is the character of the house in which you reside ? (By
character is meant whether it is a hotel, lodging house, tene*
ment, furnished room house, or private dwelling.)
How old are you ?
Where were you bom ?
If naturalized, give name of court issuing and date of cer-
tificate <
What is your occupation ?
What is the name of your present employer ?
Where is his place of business ?
What is the name of your last employer ?
Where is or was ihe place of business ?
Eeqistration of Voters 101
When did you last register or vote ?
From what address did you last register or vote ?
City or town Street and number
How long have you been an inhabitant of this state ?
How long have you been a resident of this county?
How long have you been a resident of this election district?
Are you married or single ?
If married, where does your family reside ?
If single, where do your parents reside ?
How long do you contemplate residing in this election district ?
Give place or places by street and number, the city, town or
village of your residence or residences during the past four
months
Where did you actually reside immediately prior to taking up
your present residence ?
Have you been convicted of felony ?
If so, have you been pardoned and restored to all the rights
of citizenship ?
When ? By whom ?
Have you made any bet or wager, or are you directly or indi-
rectly interested in any bet or wager depending on the result of
the next ensuing election ?
• Have you received or offered to receive, or do you expect to
receive, any money or other valuable thing as a compensation or
reward for r^stering or for giving your vote or refraining from
voting at the next election ?
Have you paid, offered or promised to pay, contributed, offered
or promised to contribute, to another, to be paid or used, any
money or other valuable thing,- or made any promise, to influence
the giving or withholding of any vote at the next ensuing elec-
tion ?
I, the undersigned, do hereby solemnly swear (or affirm) that
the answers to the above questions were given by me and that
they are true answers to such questions.
(Signature of applicant.)
Description of applicant.
Height . . . ^ Color of hair
Weight Hair on face
Color Kind of nose
102 The Euection L4w
Marks 6n face or hands
Distinguislmig marks
1, the undersigned, an inspector of election of the above desi|^
nated election district, do hereby certify that the within named
person did on this day personally appear before the board
of inspectors of this election district and did make application
to have his name enrolled upon the raster of voters
pf this said election district; that he was challenged and was
sworn by me and did make the answers set opposite ihe printed
questions upon this affidavit and signed the same in my presence.
Dated this. • day of October, 19. .
]^ame Residenoe 1
Inspector of Section
(To be signed by the inspector administering oath to applicanL)
Witnesses.
Name Residenoe Inspector of Election*
Name -. Residence Inspector of Electi<»i.
Name. . . ^ • Residence Inspector of Election.
(Board of inspectors.)
Name of challenger •
Residenoe of challenger ^
§ 189. GhaltonsiAS applicants for reglstratloau
1. Any person who applies personally to any board of inspectors
for registration for any election may be challenged by any quali-
fied elector present or by any qualified watcher present.
2. If such applicant be so challenged, or if any member of the
board of inspectors shall have reason to suspect that such appli-
cant is not entitled to have his name registered, the chairman of
the board of inspectors or any member of such board is hereby
authorized to and shall administer to such applicant the follow-
ing oath: ^^You do solemnly swear (or affinn) that yon will
true answers make to the questions touching upon your qualifi-
cations as an elector and sudi other questions as may be put you
tending to establish your identity," and one of the inspectors shall
thereupon read to such challenged person each and every question
printed upon the challenge affidavit provided for by section one
hundred and sixty-eight and shall enter in ink opposite each ques-
tion the answer thereto given by such applicant The applicant
shall subscribe his name to such challenge affidavit, which shall
also be subscribed by the inspector administering the above oath
and as witnesses by the other inspectors present, who shall certify
REOISTnATION OF VOTERS 108
oirer th^r names the fact that the applicant did applj for registra-
tion, that he was duly sworn, and that the answers set opposite
the printed questions are the true answers given to such questions
by the challenged applicant. The inspector shall also enter in the
place provided on the challenge affidavit a description of the per-
son challenged and the name and address of the person challenge
ing. If the applicant shall by his answer satisfy a majority of the
board of inspectors of his right to be registered, they shall register
his name as an elector; if not, they shall point out to him the
qualifications which he lacks as an elector and his name shall
not be registered except as provided bv section one hundred and
fifty-three of this article, and upon any such proceeding the
challenge affidavit of such applicant shall be submitted in evi-
dence to such court, justice or judge. If the applicant shall re-
fuse to make oath to the questions put to him and the answers
given thereto by him or shall refuse to answer any questions upon
the challenge affidavit, his name shall not be placed upon the
register, or if recorded thereon previous to his ascertained quali-
fication as an elector, the inspectors shall enter in the remark
column after such name the word " disqualifiv^d," and no person
shall be allowed to vote on such name at the election. When
the name of a person who has signed a challenge affidavit shall be
registered, the inspectors shall enter in the column headed " re-
maiks ^ on the register opposite such name the word " affidavit,*'
giving the consecutive number printed on such affidavit. [.4»
amended by chap, 428, Laws of 1910, and chap. 649, Laws of
1011.]
§ 170. Investigation into troth of affidavits. At the
close of each day of registration the inspectors of election shall
detach from the stubs the challenge affidavits signed by the persons
challenged during the day and in cities shall deliver them to the
police captain of the precinct in which the election district is
located or to an officer thereof, and such police captain or com-
manding officer of such precinct shall immediately cause an invcsti-
p:aHon of the truth of such affidavit to be made, and if such investi-
gation shall prove the same to be false in any particular affecting
the right of the challenged person to register or vote, the said
officer shall deliver the same to the district attorney of the county,
tnsrcther with the evidence of the falsity of such affidavit and the
district attorney shall forthwith present the same to the grand
jury of such county. In election districts outside of cities such
104 The Election Law
affidavit shall be delivered by the inspectors to the sheriff of the
county who shall proceed in like manner. Copies of all such
challenge affidavits shall be mailed by the police or sheriff forth-
with at the close of each day of registration to the state superin-
tendent of elections, who shall proceed in like manner. [As
amended by chap. 649, Laws of 1911, and chap, 678, Laws of
1915.]
§ 172. Disposition of challenge affidavits. At the
close of the last day of registration the inspectors shall file the
book of stubs and unused challenge affidavits with the officer from
whom it was received by the inspectors and such officer shall pre-
serve it in his office.
The officer or board with whom the original challenge affidavits
or copies thereof are filed may destroy the same six months after
the date of the election for which they were made, except those
which are to be used in any criminal prosecution.
§ 173. Entry requiring ol&allenge by inspectors. If,
at a meeting of the board of inspectors for registration, any voter
shall, upon oath, declare that he has reason to believe that any
person on the register of voters will not be qualified to vote at the
election for which the registration is made, the board of inspectors
shall place the words " to be challenged '' opposite the name of such
person, and when such person shall offer his vote at such election,
the general oath as to qualifications shall be administered to him,
and if he shall refuse to take such oath he shall not be permitted to
vote.
§ 174. Production of naturalization papers. It
shall be the duty of every naturalized citizen before being
registered to produce to the inspectors, if any inspector shall
require, his naturalization papers or a certified copy thereof for
their inspection, and to make oath before them that he is the per-
son purporting to have been naturalized by the papers so produced,
unless such citizen was naturalized previous to the year eighteen
hundred and sixty-seven. If, however, such naturalized citizen
can not for any reason produce his naturalization papers, or a
certified copy thereof, the board of inspectors, or a majority of
such board may place the name of such naturalized citizen upon
the register of voters upon his furnishing to such board evidence
which shall satisfy such board of his right to be registered.
Reoistkation of Votehs 105
§ 175. Persons excluded from tbe suffrage. No
person who shall receive, accept, or oflFer to receive, or
pay, offer or promise to pay, contribute, offer or prom-
ise to contribute to another, to be paid or used, any money or
any other valuable thing as a compensation or reward for the giv-
ing or withholding a vote at an election, or for registering or re-
fraining from registering as a voter, or who shall make
any promise to influence the giving or withholding any such
vote or registration, or who shall make or become directly or indi-
rectly interested in any bet or wager depending upon the result of
an election, shall vote at such election. No person who has been
convicted of a felony shall have the right to raster for or vote at
any election unless he shall have been pardoned and restored to
the rights of citizenship.
§ 176. Certiflcation of register. At the close of each
meeting for the registration of voters, for a general or other elec-
tion in a city, or in an election district wholly within a village hav-
ing five thousand inhabitants or more, the inspectors shall append
ip each book of registration their certificate to the effect that such
register as it now is, comprising (here' insert the number) names,
is a true and correct register of the names and residences of
all the voters qualified to vote at such election in such district,
who have personally appeared before the board of registration, and
such rasters so certified shall be presumptive evidence that the
names and places of residence contained therein are the names and
places of residence given by the persons registered respectively.
At the close of each meeting for the registration of voters
for a general or other election elsewhere than in a city, or
in a district wholly within a village having five thousand inhabit-
ants or more, the inspectors shall append to each book of registra-
tion a certificate to the effect that such register as it now is, com-
prising (here insert the number) names, is a true and correct
register of all voters qualified to vote at such election in such dis-
trict who have personally applied for registration, or whose names
the board was required by law to place thereon.
Each such certificate shall be signed by all the inspectors,
but in case one inspector required to sign such certificate
shall fail for any reason so to do, he may be required by the
officer with whom such raster is filed to sign such register at a
subsequent date. In all cases a majority of the inspectors must
sign such certificate at the close of each day of registration.
IOC TaE Election Law
§ 177. MakiTig «p the regisi^eFs; cvstody thereof
after registration. 1, The legister of voters made by the
chairman of the board of inspoctors shall be, and ^all be known
as, the public copy of r^stration. Such public oc^y shall be
left in a prominent position in the place of r^stration from the
first day of r^stration until election day, and shall at all reason-
able times be open to public inspection and for making copies
thereof. When the place of reigistraticm is in a school house, or
other public building, authorized to be so used under subdivision
three of section two hundred and ninety-nine, such public cop?
shall be left in the custody of the janitor or some other person in
charge of the building, who shall be responsible therefor, and a
notice shall be kept publicly posted stating how inspection thereof
is to be obtained.
2. Each other inspector shall carefully preserve his register of
voters and shall be responsible therefor, until the close of the can-
vass of the votes on election day, except as hereinafter provided
for in cities of the first class.
3. At the close of each day of registration the inspectors shall
draw a line in ink immediately below the name of the voter last
entered upon each page of each such register. Upon the succeeJ-
ing day of I'egistration, they shall enter the names of voters in the
alphabetical order of the first letter of the surname below the line
so drawn upon the proper page after the close of the previous day
of registration.
4. Upon the close of the last day of registration, the inspectors
shall again carefully compare all the books of registration, to see
that they are identical as to their contents, and shall certify «s a
board in the proper place provided therefor upon each such regis-
ter that such register is a true and correct register of persons
registered by them in such district for the next ensuing election,
and shall state the whole number of such persons so roistered.
[As amended hy chap. 678^ Laws of 1915.]
S 17& Custody and Elins of registers after registra-
tion in eities of first elass. 1. In cities of the first class, at
the close of the last day of registration, the chairman of the board
of inspectors shall take from an inspector of opposite political
faith from himself, the register of voters made by such
inspector, and deliver it to the police, who forthwith shall file
the same, if in the city of Wew York, with the board of elections
in the borough of Manhattan, and with the chief derk of the
Beoistration of Votbes 107
branch office of the board of electicms in each other bor-
ough, and if in any other city, with the commissioner of elections.
Such registers so filed shall be a part of the records of the offices
in which they are filed. The two other inspectors of opposite
political faith from each other shall retain their respective regis-
ters of voters for use on election day, except as provided in subdi-
vision two of this section.
2. In the city of New York at the close of each day of regis-
tration the chairman of the board of inspectors shall take the
signature copy of the register of voters and the book of identifica-
tion statements for registration day and deliver them to the police,
for safe keeping in the station house of the police precinct in
which the polling place is located. The police shall return the
same to the inspector having charge thereof immediately before
the hour of the beginning of the next meeting for registration or
of the opening of polls on election day. Such inspector shall also
be entitled to the possession of such register and book whenever
necessary under the provisions of section one hundred and fifty-
three of this chapter, and the board of elections shall be entitled to
the delivery to it of such register and book upon demand.
3. All registers of voters shall at all reasonable hours be accessi-
ble for pnblic examination and making copies thereof, and no
charge of any kind shall be made for such examination or for
allowing any voter to make a copy thereof. In cities of the first
class the public copy of registration shall be used, if necessary,
on election day by the inspector whose register was filed by the
chairman as herein provided. [As amended by chap. 703, Laws
(rf 1917.]
§ 170. Certlfyins eliaAses ia. resitfters. If, in cities,
the board of inspectors shall meet on the second Saturday before
the election for the purpose of revising and correcting the regis-
ter of voters in pursuance of an order of the supreme courts
a justice thereof or a county judge^ aa provided in section
one hundred and fifty-three of this article, the inspectora shall
certify forthwith to the officer with whom the copy of the roister
is filed the change or changes made upon such register in pursu-
ance of such order. At any revision of registration for an election
other than a general election, the quadruplicate register of voters
for the last preceding general election shall be furnished to the
inspectors of election by the officer or board having the custody
thereof, and the inspectors shall certify to the officer or board in
cities of the first class with whom the registers are filed the
108 The Election Law
(Aanges, additions or alterations made in such registers for ^llrh
election.
§ 180. Cnstody of registers after eleetion. At the
close of the canvass of the votes of any election, or within twenty-
four hours thereafter, the two copies of the register of electors
used by the inspectors and the public copy thereof shall be filed
with the board of elections of the county in which the election
district is located and in the city of New York with the office
located in the borough of Manhattan, and with the chief clerk of
tLe branch. office of the board of elections in each other boroufl:li
of the city of New York. It shall be the duty of the officers with
whom such registers of the election districts are filed, to forth-
with file one copy of such register for each election district with
the state superintendent of elections. Such register of electors
shall be carefully preserved for use at any election which may
be ordered or held in either of such counties or cities, respectively,
prior to the next ensuing general election at which they may be
required. [As amended by chap. 649, Laws of 1911, and chap»
G78, Laws of 1915.]
§ 181. Certifying number of registered electort.
At the close of registration on the last day the board of in-
spectors shall upon blanks furnished by the secretary of state forth-
with certify and file with or mail to the officer or board charged
with the duty of furnishing ballots to such district and to the
state superintendent of elections the total number of electors
registered in such district. The inspectors of each district shall
also furnish to the same officials in like manner at the close of
each day of registration the total number of electors registered on
such day in their respective districts. The chairman of the board
of inspectors of election of each district shall also forthwith at
the close of each day of registration file with or mail to the state
superintendent of elections a certificate showing the total number
of voters registered therein in the respective election districts.
[As amended by chap. 649, Laws of 1911, and chap. 678, Laws
of 1915.]
§ 182. Delivery of blank books for registratios;
eertifloates and instmetions. The secretary of state shall
purchase whenever he deems it desirable for the best interests of
the state, a suitable number of blank books for registers of voters,
with blank certificates and brief instructions for registering the
Registration of Votebs 109
names of voters therein, in the forms respectively provided in
sections one hundred and fifty-four and one hundred and fifty-
five of this chapter, at least four of such books for each board of
inspectors in the state, and such number of extra copies thereof
as in his judgment may be necessary for each county or city to
replace lost or damaged registers before delivery to the inspectors. ■
Such register of voters shall have the leaves thereof indexed with
the letters of the alphabet, beginning with the letter "A" for the
first leaf, and so on. At least twenty days prior to the first day
of registration for a general election in each year, the secretary
of state shall transmit a suflicient number of such registers, cer-
tificates and instructions to the board of elections of each county,
and to the board of elections of the city of New York located in
the borough of Manhattan, and to the chief clerk of the branch
office of the board of elections in each other borough within the
«iity of New York, for the use of each board of inspectors within
such counties and boroughs, respectively. The board of elections
of each county, outside the city of New York, shall deliver such
hooks to the town clerks of each town and to the city clerk of
each city in the county, by mail or otherwise, at least five days
prior to the first day of registration, and such town clerks and
city clerks, and the said board of elections and chief clerks of
branch offices of the board of elections in the city of New York,
shall deliver such books to the inspectors of said towns, cities and
boroughs, respectively, before the hour set for registering the
names of voters on the first day of registration. On each day
of registration the board of elections of the city of New York
and of each county shall furnish to each board of inspectors in
each such county or city, respectively, the blanks for the list of
voters provided for in section one hundred and fifty-seven of this
article. Such blanks shall be distributed in time and manner as
above provided for the distribution for registers. lAs amended
by chap. 537, Laws of 1916.]
§ 182-a. Special Instmotlons to voters to be pre-
pared for the year nineteen hnndred and fourteen.
The secretary of state shall prepare and cause to be printed and
furnished to the various boards of elections, in time and manner as
provided in section one hundred and eighty-two for other supplies,
printed instructions to voters, in brief and concise form, explain-
ing the difference between the form of ballot used at former gen-
eral elections and the form of ballot provided for in section three
hundred and thirty-one of this chapter as amended by chapter
110 The Electio:^ Law
eight hBiidred and twenty-one of the laws of nineteen hundred ant!
thirteen, and explaining the requirements of marking the latter
ballot so that the voter may effectually vote for the candidates for
all offices to be filled. The instructions provided for in this sec-
tion shall only be prepared and supplied prior to the first day of
frustration in the year nineteen hundred and fourteen. The
various boards of elections shall supply the election officers in each
election district within the jurisdiction of any such board whene
personal registration is required, before the opening of r^stra-
tion on the first day of registration, with a sufficient number of
copies of such printed instructions to supply each voter with one
copy. The delivery of such instructions shall be made thxtragh
town and city clerks and otherwise as provided in section one hun-
dred and eighty-two for the delivery of other supplies. [As added
hy chap. 243, Laws of 1914.]
§ 183. Delivery at preTions registers and poll books
to inspectors. Each town clerk with whcxn the register of the
last preceding general election in any election district, elsewhere
than in a city or wholly within a village having five thousand
inhabitants or more, shall have been filed, shall cause such regis-
ter and one of the poll books to be delivered to the board of in-
spectors of such district at the opening of its first meeting for the
registration for any election.
If a new election district shall have been formed in a town
since such general election, the derk oi such town shall, before the
first meeting for registration thereafter in such new electicni dis-
trict, make a certified copy of each register for such general
election of each election district out of which such new district
shall have been formed, and shall cause such certified copy to be
delivered to tho board of inspectors of such new election district
at the opening of such meeting for r^istration. Such board, at
such meeting, shall place upon tho register of voters all persons
whose names are upon such copies who are qualified to vote in
such election district at the election for which such meeting is
held, except the names of persona who are required to personally
appear for registration.
If a new election district shall have been formed in a city since
such general election, the clerk or board with whom the raster
of voters for such last preceding general election shall
have been filed shall, before the meeting of the inspectors of
election of such new district for registration for any other
Reqisteation op Votees 111
election, make a certified copy of each register of voters
for such last preceding general election of each election district
out of which such new election district ie formed, and the in-
spectors of such new election district shall, at such meeting for
registration for such election, place upon the register of
voters the names of all persons upon such copies who are qualified
to vote in such election district at the election for which such
meeting is held,
§ 184. Penalties. Any applicant for registration, inspector
or other person who shall incorporate or cause to be incorporated
jiny false statement in any challenge affidavit shall be deemed
guilty of perjury.
Except as provided in this article any person who shall wilfully
suppress, alter, destroy or mutilate any signed chaDenge affidavit
or official copy thereof shall be deemed guilty of a felony.
Any person knowingly taking a false oath before the board of
inspectors shall upon conviction thereof be punished as for wilful
and corrupt perjury.
Any person who shall alter, mutilate, destroy or remove from
the place of registration the public copy of 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.
Any person who signs and mails or delivers to the custodian of
primary records an enrollment blank as provided in this chapter,
which shall be false in any respect or with intent to mislead, or
any person who induces or attempts to induce any person so to
do, is guilty of a misdemeanor. The fact that such .statement is
untrue shall be prima facie proof that it is false and intended to
mislead.
Any person who shall make, sign, file or cause to be filed, certify
or attest any false application for registration as required by sec-
tions one hundred and fifty-eight and one hundred and fifty-nine
of this chapter, or any person who shall alter, mutilate, destroy
or remove any such application from the place of registration,
shall be ^ilty of a felony and shall be punished upon convicti<m
theareof by imprisonment in a state prison for not less than two
yeara nor more than five years, unless otherwise provided by law.
[As amended hy chape. 587 and 820^ Lwwe of 1913.]
112 The Election Law
ARTICLE 7
^^ Board of Elections
Section 190. Boards of elections established.
191. Appointment, term and qualification of commifl-
sioners of elections.
192. Organization of board; rules and reports.
193. Salaries of commissioners of elections.
194. Recommendations for appointment of commission-
ers of elections.
195. Filling vacancies in board.
196. Bi-partisan character of board.
197. Appointment of employees.
198. General office and branches.
199. Duty of police to aid board of elections.
200. Expenses of board of elections.
201. Disposition of registers and unused ballots.
202. ^ Custodian of primary records.
203. ^ Official seal.
204. ^ Filing statement of canvass, tally sheets and poll-
books.
205. "Notices.
206. " Transfer of records ; devolution of powers.
207. " Office hours, rules and regulations of boards of
elections.
208. "All records to be public; records of transactions
of the boards of elections.
209-a„ Article not applicable to Oneida and Broom© coun-
ties ; powers and duties of county clerks in such
counties defined.
§ 190. ^^Boards of elections establislied. There shall be
a board of elections in every city of the first class in
u Title of article amended by chap. 649, Laws of 1911.
12 Sections 202 to 208, inclusive, added by chap. 649, Laws of 1911.
13 'Section 4, chap. 406, Laws of 1912, also provides as follows: "In ant
county in which the number of the commissioners constituting the board of
elections is reduced by the provisions of this act, the board of supervisor*
shall, within thirty days after this act takes effect, designate the two mem-
bers of such board of opposite political faith who shall retire therefrom.
Upon the adoption of a resolution to that effect, the terms of office of siw^
retiring members shall cease and determine and the remaining members shsll
thereafter constitute, until the expiration of their terms, the board of'elec-
tions of lueh coimty."
Board of Elections 113
this state which does, or shall, contain within its boundaries more
than one county, to consist of four persons. There shall be a board
of elections in each of the other counties of the state, but in coun-
ties having a population of less than one hundred and twenty
thousand inhabitants such board shall consist of two persons. In
other counties of the state such board shall consist of two or four
members as the board of supervisors of the county may by resolu-
tion determine. In every such other county where four commis-
sioners of election have been appointed and the number of said
commissioners is reduced to two, the board of supervisors shall
within sixty days after this amendment takes effect reduce the
number of commissioners to two by designating the two who are
to continue ; and from the time of such designation the offices of
the others shall be deemed abolished. Except in the city of New
York the salaries of such commissioners and their expenditures
for clerk hire shall be fixed by the board of supervisors of each
county, but shall not exceed the following amounts : In each county
having a population of less than ninety thousand and which does
not contain within its boundaries at least three cities of the third
class the salary of a commissioner shall not exceed one thousand
dollars, and the expenditure for clerk hire, including stenographer,
each year, shall not exceed fifteen hundred dollars. In each county
having a population of less than ninety thousand and containing
within it8 boundaries at least three cities of the third class and
in each county having a population of ninety thousand and less
than one hundred and twenty thousa^iid the salary of a commis-
sioner shall not exceed fifteen hundred dollars, and the expendi-
ture for clerk hire, including stenographer, each year, shall not
exceed three thousand dollars each yfear. In each county having
a population of one hundred and twenty thousand and less than
five hundred thousand the salary of a commissioner shall not ex-
ceed three thousand dollars, and the expenditure for clerk hire,
including stenographer each year, shall not exceed five thousand
dollars. In each county having a population of five hundred
thousand and less than a million the salary of a commissioner shall
not exceed three thousand dollars. The population of the various
counties of the state referred to in this section shall be fixed and
determined according to the latest preceding federal census, or
state ^lumeration. Not more than two of such commissioners, if
the board of elections consist of four members, and not more than
one of such commissioners if said board consists of two members,
shall belong to the same political party or be of the same political
114 Tub Ejection Law
opmian on state or national politics. The persons composing sacli
)}oards of elections shall be designated ^^commissioners ol. elec-
tions." Eaeh of the said boards of electi<H:L6 shall be and is hereb;
charged with the duty of executing the laws rating to all elec-
tions held within their re^ective cities or counties, except as
otherwise provided by law. lAs amended by chaps. €49 and 740,
Laws of 1911, chap. 406, Laws of 1912, chaps. 800 ajid 820, Laws
of 1918.]
§ 101. AppointBtant, ternt amd qvaliftaatioBtf of
eommiMiioiiers of elections. All commissioners of electioDB
shall be appointed by the board of supervisors of the oounty is
which such board of d.ections is located and in the citv of Kev
York by tiie board of aldermen of such city. The supervisors of
each county and the members of the board of aldermen, of the
city of New York shall appoint the commissioners of elections for
their respective counties and the city of New York. Such ap-
pointment shall be evidenced by the supervisors of each county or
the board of aldOTmen of the city of New York making such sp-
pointmentfi, executing a certificate substantially as follows:
" We, the undersigned, comprising the supervisors of
county (the members of the board of aldermen of the city of Kew
York) do hereby, pursuant to the election law, appoint j
residing at , a commissioner of elections for said coontj.
'^ In witness whereof we have hereunto subscribed our namsa
and the towns or wards (aldermanie districts) we represent, this
day of , 19 "
and shall acknowledge said certificata Said certificate shall there-
upon be filed in the office of the county derk of said county and
said county clerk shall immediately upcHi such filing notify the
secretary of state of such appointments. All such app<Hntments
shall be for the full term of two years, beginning at twelve o'clock
noon of January first in each odd numbered year.
Each of the said commissioners of elections shall bo at the time
of his appointment a resident and an elector of the political sub-
division for which he is appointed. A commissioner of elec-
tions may, while holding such office, hold one of the following
offices: Notary public, commissioner of deeds^ police justice of
a village, trustee or officer of a common or union school district
outside of a city, justice of the peace c^ a town, and any other office
filled hy election or appointment within or for a town or village, or
district or subdivision of either, except supervisor, town clerk, in-
Board of Electionb 115
spector of election, poll derk or ballot clerk. Such commissioner
shall not hoH, while he i« commissioner, any other dfice, except
as above provided ; nor shall he be a candidate, while he is commigH
sioner, f<» any elective office which he would not be entitled to hold
under the provisions of this section, nor after he has ceased, by
resignation or otherwise, to be commissioner, if the election shall
occur within fifty days therefrom, and any yotee cast for any per-
son for any such oflSce who shall have been a oommissioner of elec-
tions within fifty days of the election at which such votes were cast
shall be void and shall not be counted, except that such commis'
sioner may be a candidate for the office of supervisor or town clerk
while he is commissioner, and at any time thereafter, subject to the
ensuing provisions of this section. Any votes cast for a person for
either of such offices who shall have been a commissioner of elec-
tions, and who shall have resigned from or otherwise ceased to hold
the office of commissioner at least fifteen days before the election
at which such votes were cast shall be valid and shall be counted.
A commissioner 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
supervisors of such county or in the city of New York by the
members of the board of aldermen within five days after the filing
of the certificate provided for in seetion one hundred and ninety-
five of this act, and the person appointed to fill such vacancy shall
hold office during the remainder of the term of the commissioner
in whose place he was appointed. lAs amended hy eliap. 649,
Laws of 1911, and chap. 830, Laws of 1918.]
§ 102. Orgaaimation of lioard; rules and reports.
At their first meeting the commissioners of elections shall organize
as a board by electing one of their number as president and one as
secretary, and in case no election can be had the members shall
draw lots for such places. The president and secretary shall not
belong to the same party. The board shall have power to adopt
such rules and regulations for the control and conduct of the
affairs of such board and of its employees as are not inconsistent
with or in violation of law. The board shall keep a record of, its
proceedings and shall make an annual report in the month of
January of the affairs and proceedings of said board to the secre-
tary of state. The board of elections of a county outside of the
city of Kew York shall also make an annual report in the month
of January, of its affairs and proceedings, to the board of supervis-
ors. The board shall append to the report to the secretary of state
11(5 The Election Law
a statement of the number of voters enrolled with each party for
that v(^ar in each election district. The board shall also collect
snch data as may be available relating to the expense connected
with registration, enrollments and elections within its county or
city each year and include a statement thereof in such report to
the secretary of state, together with such other information relat-
ing to elections as the secretary of state may prescribe, [As
amcnided by chap. 649, Laws of 1911, and chap. 703, Laws of
1917.]
§ 193. ^^ Salaries of commissioners of eleotions. The
salary of each commissioner of elections in the city of New York
shall be six thousand dollars a year, payable in equal monthly
instalments. The salaries of all other commissioners of elections
shall be fixed by the board of supervisors appointing said com-
missioners and may be changed from time to time by resolution of
the said board of supervisors, but shall not exceed the amounts
specified in section one hundred and ninety. [As amended by
chap. 64:9, Laws of 191.1, chap. 406, Laws of 1912, chap. 8O0,
Laws of 1913, and chap. 703, Laws of 1917.]
§ 194. Recommendations for appointment of com-
missioners of elections. Within ten days after this act
takes effect and at least five days before the first day of January
in each odd numbered year, the respective chairmen of the county
committees within the counties of New York and Kings and the
respective chairmen of the county committees of all the other
counties in the state excepting the counties of Bronx, Queens and
Eichmond of each of the two political parties which at the general
election last preceding the date of such certificate cast the highest
and the next highest number of votes for governor, shall each
respectively make and file or cause to be filed in the case of the
counties of New York and Kings with the board of aldermen of
the city of New York, and in the case of each of the other counties
with the board of supervisors of such county a certificate in sub-
stantially the following form, each of which certificates shall cer-
tify the name of a person who is a resident and qualified voter in
the case of the counties of New York and Kings of the city of New
York, or in the case of the other counties a resident of such county,
and who is recommended as a fit and proper person to be appointed
a commissioner of elections: "I, • • , chair
man of the county committee of the party, for the
^* See note at foot of pa^ 112 relative to § 4, chap. 406, Laws of 1912.
Board of Elections 117
r'4»uuty of , do hereby, in accordance with the
provisions of section one hundred and ninety-four of the election
law, certify that in the opinion of a majority of the said com-
mittee, pursuant to resolution duly adopted, ,
a resident and qualified elector of the borough of ,
city of New York, or of the county of , is a fit
and proper person to be appointed a commissioner of elections,
and I do hereby recommend him for appointment to said office.
In witness whereof, I have made and executed this certificate,
this dav 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. [As amended by chap. 649, Laws of 1911, and chap. 820,
Laws of 1913.]
§ 195. Filling vacancies in board. If at any time a
vacancy arises in the office of the 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, and if such
vacancy arise in the office of commissioner of elections for New
York city and if the commissioner creating such vacancy was a
resident of the borough of Manhattan or of the borough of the
Bronx of said city the chairman of the county committee of New
York county of the political party to which the commissioner
creating such vacancy belonged and if the commissioner creating
such vacancy was a resident of any other borough of said city, the
chairman of the county committee of Kings county of the political
party to which the conmiissioner creating such vacancy belonged,
shall make and file or cause to be filed with the board of super-
visors of the county in which such vacancy arises or if such
vacancy arise in the board of elections of New York city, then with
the board of aldermen, a certificate in subsitaiitially the form and
executed and acknowledged as above provided, certifying and
recommending the name of a person who is a resident and quali-
fied voter of such county or city wherein such vacancy arises, as a
fit and proper person to be appointed a commissioner of elections
for the^unexpired term of the commissioner creating such vacancy.
[As amended by chap. 649, Laws of 1911.]
118 The Election Law
§ 100. Bi-pairtiMUi. character of board* Each and every
certificate filed with the board of supervisors or the board of aldw-
men in pursuance of the provisions of this article, shall be kept
by the board with which the same is filed in some safe and secure
place in the office of the clerk of said board, and shall be a public
record open at all reasonable hours to the inspection of any person
who may desire to see the same, it being the intention of this
article, and said intention is hereby declared, to secure in the ap-
pointment of the members of the board of elections established by
this article, and the employees thereof, equal representation of the
two political parties which at the general election next preceding
such appointment cast the highest and the next highest number d
votes for governor, and of which the committees and chairman of
committees have been duly elected as such under and in pursuance
of the provisions of article three of this chapter relating to primaiy
elections. lAs amended hy cJiap. 649, Laws of 1911, and chap^
820, Laws of 1913.]
§ 197. ^Appointment of en&ployeos. Every board of
elections shall have power to fix the number, salaries, duties and
rank of its chief cl^ks, clerks, assistant clerks and stenographers
and to appoint and remove at pleasure and to fix the saJaxies of all
employees of said board, but not in excess of the amounts specified
in section one hundred and ninety ; except that in a county having
a population of less than ninety thousand the board may harve one
clerk only and his salary shall not exoeed nine hundred doUars
per annum, nor shall the aggregate expenditure for sudi derk hire
and for stenc^rapher exceed the amount specified in section one
hundred and ninety. [As amended by chap. 649, Laws of 1911,
chap. 406, Laws of 1912, and chaps. 800 and 820, Laws of 1913.]
§ 196. General ofice and branekes. The board of
electiouB in the cily of New York shall have power to provide and
maintain an ofiice 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 borouf^ of
the city of New York and shall place the same in the charge of a
competent person. Said board of elections shall haTO full ^
*5See note at foot of page 112 relative to § 4, chap. 406, Laws of 1912.
Board of Elections 119
complete control of the said branch offices of the board of elec-
tions and of all the offices^ employees, affairs and administration
of said branch offices.
In each county the board of supervisors or other 'body or official
charged with the duty of providing public offices shall provide the
said board of elections for said county with proper and suitable
offices. The expenses for said offices shall be a part of the expenses
of said board of elections. [As amended by chap. 649, Laws 1911.]
§ 199. Dutf of polioe to aid board of eleetiojui. It
shall be the duty of the commissioner of police and the officers and
members of the police force, whenever called upon by the board of
elections, to render to said board all practicable assistance in the
enforcement of this chapter, including the use of the police tele-
phone service. The commissioner of police shall detail to the serv-
ice of the board of elections upon its written request such patrol-
men and other members of the police force as may be necessary
from time to time for the faithful performance by said board of
its functions and duties. All copies of police reports to command-
ing officers of precincts under section one hundred and fifty-
seven of this chapter, shall be forthwith transmitted by the pre-
cinct commander to the board of elections. All statements of
canvass delivered to any officer in command of a precinct under
section three hundred and seventy-two of this cliapter shall be
forthwith transmitted 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.
S 200. Ezpeauies of board of elections. All sums
necessary to pay the expenses of the board of elections of the city
of New York, including the salaries of the commissioners of elec-
tions, chief clerks, clerks, assistant clerks and other employees,
and to meet and defray the charges and expenses oi all elections
lawfully held in the city of New York or in any territory included
therein, shall be a charge against the said city, and shall upon
proper certificates and vouchers be paid in the same manner as
other expenses and charges against the said city are by law pro-
vided 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.
120 The Election Law
The board of elections in each county, excepting those counties
comprising the city of New York, shall on or before the fifteenth
day of December in each year certify to the clerk of the board of
supervisors creating said board of elections the total amoimt of
the expenses of said board of elections, including salaries, for the
preceding year, and, if the board of supervisors of any county
shall so direct, shall certify to said clerk the portions of said
expenses which under provisions of law are to be borne by any
city or cities in said county and the portion thereof which is to
be borne bv the rest of said countv, and the said clerk of the board
of supervisors shall thereupon notify the proper local official or
officials, who, in spreading Tipon the assessment-rolls the taxes to
be levied upon the taxable property in the city, or any of the said
cities, and in the rest of the county, shall include in the amount
so spread the amounts certified by the said board of elections to be
borne by the said city or cities, respectively, and in the amount
spread upon the assessment-rolls of the taxable property in the
several towns or other political subdivisions of the rest of the
county the amount so certified by said board of elections to be
borne by the said towns or political subdivisions respectively.
[As amended by chap, 649, Laws of 1911.]
§ 201. Disposition of registers and nnnsed ballots.
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 voters in the pos-
session of such board; provided, that one copy of such regis-
ter of voters for each election district shall be excepted and
preserved by such board from such sale or destruction. The board
of elections is also authorized to sell to the highest bidder the un-
used ballots furnished for the last preceding election, but such
imused ballots shall not be sold until at least six months after the
election for which they were provided. All moneys realized by
sales under this section shall be paid over to the proper fiscal
officer of the city of New York to the credit of the account of the
board of elections.
§ 202. Custodian of primary records. The board of
elections shall be the custodian of primary records for each politi-
cal subdivision for which such board is appointed. The board of
elections for New York city shall also be the custodian of primary
records for the several counties in said city. [Added hy chap.
^9, Laws of 1911.]
Board of Elections 121
§ 203. Official seal. Each board of elections is hereby
authorized to adopt an official seal which shall be provided at the
exi>ense of the city or county for which said board of elections is
appointed, and shall cause a description of said seal with impres-
sions from it to be filed in the office of the county clerk of said
county and of the secretary of state. Such description of the
official seal of the board of elections of New York city shall be
filed in the office of the county clerk of each county in said city.
lAdded by chap. 649, Laws of 1911.]
§ 204, Filing statement of canvass, tally sheets and
poll-books* All statements of 6anvass, tally sheets and poll-
books, void and protested ballots, and any and all other packages
and documents required by law to be filed by the inspectors,
except certified copies of statements of canvass, ballot lists and
tally sheets which are required by law to be filed with the county
clerk shall be filed with the board of elections of said county or,
in the city of New York, with the board of elections of said city.
In the city of New York the said statements, .documents and
packages shall be filed in the branch office in each borough.
[Added by chap. 649, Laws of 1911.]
§ 205. Notices. All notices of elections to which this chapter
applies which are required by law to be published, advertised or
posted in any county or any political subdivision thereof or therein
shall be published, advertised or posted by the custodian of pri-
mary records of aaid county or of the city of New York. [^Added
by chap. 649, Laws of 1911.]
§ 206. Transfer and custody of records; devolution
And continuance of pourers. All books, documents, papers,
records and election appliances or appurtenances now or heretofore
held or used by or under the control of any officer or officers of
any county or of any political subdivision thereof or therein,
relating to or used in the conduct of general, special or primary
elections, shall be transferred to or continue in the care, custody
and control of the board of elections; and the said board of elec-
tions in any such county shall continue to be charged with the
dujy of performing each, every and all of the duties of the county
clerk or commissioner of elections of said county, relating to
elections heretofore devolved upon such board by the former pro-
visions of this section, except as otherwise provided in this chap-
120 The Election Law
The board of elections in each county, excepting those counties
comprising the city of New York, shall on or before the fifteenth
day of December in each year certify to the clerk of the board of
supervisors creating said board of elections the total amount of
the expenses of said board of elections, including salaries, for the
preceding year, and, if the board of supervisors of any county
shall so direct, shall certify to said clerk the portions of said
expenses which under provisions of law are to be borne by any
city or cities in said county and the portion thereof which is to
be borne by the rest of said county, and the said clerk of the board
of supervisors shall thereupon notify the proper local official or
officials, who, in spreading upon the assessment-rolls the taxes to
be levied upon the taxable property in the city, or any of the said
cities, and in the rest of the county, shall include in the amount
so spread the amounts certified by the said board of elections to be
borne by the said city or cities, respectively, and in the amount
spread upon the assessment-rolls of the taxable property in the
several towns or other political subdivisions of the rest of the
county the amount so certified by said board of elections to be
borne by the said towns or political subdivisions respectively.
[As amended hy chap. 649, Laws of 1911.]
§ 201. Disposition of registers and nnnsed ballots.
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 voters in the pos-
session of such board; provided, that one copy of such regis-
ter of voters for each election district shall be excepted and
preserved by such board from such sale or destruction. The board
of elections is also authorized to sell to the highest bidder the un
used ballots furnished for the last preceding election, but sucb
tmused ballots shall not be sold until at least six months after tke
election for which they were provided. All moneys realized by
sales under this section shall be paid over to the proper fiscal
officer of the city of New York to the credit of the account of the
board of elections.
§ 202. Custodian of priniary reoords. The board of
elections shall be the custodian of primary records for each politi-
cal subdivision for which such board is appointed. The board of
elections for New York city shall also be the custodian of primary
records for the several counties in said city. [Added hy chap*
649, Laws of 1911.]
Board of Elections 121
§ 203. Official seal. Each board of elections is hereby
authorized to adopt an official seal which shall be provided at the
expense of the city or county for which said board of elections is
appointed, and shall cause a description of said seal with impres-
sions from it to be filed in the office of the county clert of said
county and of the secretary of state. Such description of the
official seal of the board of elections of New York city shall be
filed in the office of the county clerk of each county in said city.
[Added by chap. 649, Laws of 1911.]
§ 204;. Filing: statement of canvass, tally sheets and
poll-books. All statements of 6anvass, tally sheets and poll-
books, void and protested ballots, and any and all other packages
and documents required by law to be filed by the inspectors,
except certified copies of statements of canvass, ballot lists and
tally sheets which are required by law to be filed with the county
clerk shall be filed vrith the board of elections of said county or,
in the city of New York, with the board of elections of said city.
In the city of New York the said statements, -documents and
packages shall be filed in the branch office in each borough.
[Added by chap. 649, Laws of 1911.]
§ 205* Notices. AH notices of elections to which this chapter
applies which are required by law to be published, advertised or
posted in any county or any political subdivision thereof or therein
shall be published, advertised or posted by the custodian of pri-
mary records of aaid county or of the city of New York. [Added
by chap. 649, Laws of 1911.]
§ 206. Transfer and custody of records ; devolution
and continuance of pourers. All books, documents, papers,
records and election appliances or appurtenances now or heretofore
held or used by or under the control of any officer or officers of
any county or of any political subdivision thereof or therein,
relating to or used in the conduct of general, special or primary
elections, shall be transferred to or continue in the care, custody
and control of the board of elections; and the said board of elec-
tions in any such county shall continue to be charged with the
du^y of performing each, every and all of the duties of the county
clerk or commissioner of elections of said county, relating to
elections heretofore devolved upon such board by the former pro-
visions of this section, except as otherwise provided in this chap-
122 The Election Law
ter. In the city of New York the board of elections shall continue
to exercise the same powers and duties now exercised by it,
excepting as otherwise provided in this chapter. All books, docu-
ments, papers, records and election appliances held or used by
any commissioner or commissioners of election, in any county
whose powers and duties have been heretofore terminated shall
continue in the custody of the board of elections for such coimty.
[Added by chap, 649, Laws of 1911, and amended hy chap, 537,
Laws of 1916.]
§ 207. Office lurarsy rules and regulations of boards
of elections. The offices of each board of elections shall be
public and open during every business day of the year. The board
of elections in each county shall designate the hours when said
offices shall open and close. Each board of elections may adopt its
own rules and regulations for the transaction of its business.
[Added hy chap. 649, Laws of 1911.]
§ 208. All records to be public; records of trans-
a<rtlons of the boards of elections. All the records in the
office of the board of elections shall be public and open for inspec-
tion by any citizen of the state of New York during the hours
when the said office shall be open, and the said board of elections
shall provide ample and sufficient facilities for keeping said
records and making copies of the same.
Each board of elections shall keep a record of its proceedings,
which shall be public and transcribed in a book or books within
twenty-four hours after the adjournment of said board. Minutes
of all meetings of the board of elections shall show how each com-
missioner of elections voted upon any resolution or motion pro-
posed at said meeting of the board. [Added hy chap, 649, Lans
of 1911.]
§ 209-a. Article not applicable to Oneida and
Broome counties; poiPTers and duties of county olerbs
in sueb counties defined. After this section takes effect the
foregoing provisions of this article shall not apply to the counties
of Oneida and Broome, excepting section one hundred and ninety-
nine. For the purpose of applying such section, the county clerk
in each of such counties shall be deemed a board of elections.
In each of such counties, except as otherwise provided in thij^
section, the county clerk shall have therein the powers and dutie?
BoABD OF Elbcxio:!78 12S
of a board of elections, as well as those of a county clerk, pre-
scribed by this chapter or other statute, and references to such
board shall be deemed to mean and include, with respect to any
such county, the county clerk thereof. All books, documents,
papers, records and election appliances or appurtenanees held or
used by or under the control of the board of elections in the
county of Oneida or county of Broome, pursuant to the provisions
of this chapter, shall, when this section takes effect, be transferred
to the care, custody and control of the respective county clerks
of such counties. Each such county derk may adopt rules and
regulations, not inconsistent with the provisions of this chapter,
for conducting the business of his office in relation to carrying out
the provisions of this chapter. The official papers, records and
documents in the office of such county clerk from time to time
relating to general, special or primary elections, or in his custody
under any provisions of this chapter, shall be public and open to
inspection by any citizen of the state during office hours. The
county clerk of each such county shall be the custodian of pri-
mary records of his county. Notwithstanding the provisions of
any other statute, either general or local, the board of supervisors
of Broome county may from time to time provide by xesolution
for the appointment by the county clerk of such county of addi-
tional assistants, at the expense of the county, in the office of
such clerk, and the board of supervisors of Oneida county may
in like manner provide for the appointment by the county clerk
of Oneida county of two additional deputies representing each
of the two political parties which at the last general election pre-
ceding such appointment cast the highest and the next highest
number of votes for governor and of additional assistants, when-
ever such board of either county, respectively, shall determine
that such deputies or assistants are necessary for the proper per-
formance of the additional duties devolved upon such clerk by
this section; but the aggregate compensation of such additional
assistant appointed on account of such additional powers and
duties in the county of Broome shall not exceed one thousand
dollars annually, and of such deputies and assistants in the
county of Oneida shall not exceed three thousand two hundred
dollars annually, exclusive of necessary emergency ^nployees.
[Added hy chap. 464, Laws of 1916.]
124 The Election Law
^ARTICLE 7-A.
Commlsftioner of Elections in the Crounty of Monroe.
Section 210. Commissioner of elections for Monroe county.
211. Appointment, qualifications and removal of com-
missioner.
212. Appointment, removal and examination of iiipjx^ct-
ors of election, poll clerks and ballot clerks
213. Office for commissioner.
214. Custody of records.
215. Employees.
216. Notices.
217. Filing papers; general powers and duties of com-
missioner.
218. Purchase of supplies, including voting niueliine:?:
expenses of commissioner.
219. Apportionment of expenses.
220. Publication of notices.
221. Polling places, election districts, et cetera.
222. Voting machines.
223. Construction of article.
§ 210. Commissioner of elections for Monroe
Gonnty. The office of commissioner of elections in the county oi
Jfonroe is hereby created, and all the rights, powers, authority,
duties and obligations inunediatoly heretofore by law vesteJ in
and imposed upon any officer or officers of the county of Monror
or any political subdivision thereof or therein, excepting the
appointment, duties and obligations of inspectors of election, p>'-
clerks and ballot clerks, who shall be appointed as hereinafter
])rovided and serve as provided by law with respect to general or
special elections and official primaries in the county of Slonroe o:
in any political subdivision thereof or therein, except electioi^
lield at a time other than the time of the general election, or ot
village and school district officers, and special elections for towi*
village and school district purposes held at such other time, shall
bv force of and as an effect of this article, be transferred to an*
be continued in the commissioner of elections in the county oi
l&Ionroe hereby created from and after the time of appointment
and qualification of the first commissioner hereunder.
1 Xew article added by chapter 7, Laws of 1916.
COMMISSIONEB OF ElECTIOIS^S IX MoXROE CoUNTY 125
§ 211. Appointmeiity qualifications and renioval of
eommissioner. Within live davs after this article takes effect
the county judge, special county judge and the surrogate of
Monroe county, or a majority of them, shall appoint a commis-
sioner of elections who must he a resident voter of such county
and shall file in the office of the clerk of such county a certificate
of the appointment. Such commissioner of elections shall take
the constitutional oath of office and file the same in the county
clerk's office and shall hold office for a term of four years; his
successor to he appointed in like manner. Such term of office,
except as otherwise provided in this section, shall begin on the
first day of May in every fourth year, beginning with the year
nineteen hundred and twenty. The term of the commissioner
first appointed hereunder shall begin on the day the appointment
is made and expire on May first, nineteen hundred and twenty.
In case of a vacancy in the office of commissioner of elections,
such county judge, special county judge and surrogate, or a
majority of them, shall appoint a resident voter of Monroe
county to fill such vacancy and shall file a certificate of such
appointment in the office of the clerk of Monroe county. The
person so appointed shall take the constitutional oath of office
and serve the remainder of the term. The commissioner of elec-
tions appointed pursuant to this article shall be subject to removal
by the governor in like manner as sheriffs of counties. Upon
the appointment and qualification, pursuant to this section, of
the first commissioner for such county, the board of elections
tlierein shall be deemed abolished; and the terms of office of its
members shall then expire. The provisions of article seven of this
chapter shall not thereafter apply to the county of Monroe except
section one hundred and ninety-nine; and the commissioner pro-
vided for herein shall be deemed a board of elections for the pur-
pose of applying such section.
§ 212. Appointaient, ren&oval and eacamlnation of
inspectors of election, poll clerks and ballot clerks.
Inspectors of election, poll clerks and ballot clerks in and for the
various election* districts in the county of Monroe shall be
appointed as follows: The chairmen of the county committees
of the two political parties which at the last preceding general
election of a governor cast the highest number of votes for gov-
ernor shall each file with the commissioner of elections, on or
before the first day of April of each year, a list of persons who
are duly qualified to serve as inspectors of election, poll clerks
126 Thb E1.SOTION Law
and ballot elerks* The commissioner of elections shall thereafter
examine each person whose name appears on such lists as to their
qualificati<ms for such offices. Such commissioners shall give eada
person whose name appears <hi such lists not less than three days'
notice of such examination. Such notice must be eillier written
or printed and state the date^ time and place such examination i^
to be held and must be sent either by mail or special messenger.
Any person receiving the notice shall appear before such com-
missioner of elections at the place fixed for such examinaticm at
the time stated in the notice, and the said commissioner of elec-
tions shall examine such person as to his qualifications for the
office of inspector of election, poll clerk or ballot elerk, as the ease
may be. Such examination may be either writtai or oral or both,
and if the person so examined is found by Hie canmiissioner to
be qualified and is, in the judgment of tibe commissioner a fit
and proper person for such office, the comnussioner or some p«>
son designated by him riiall administ^ the constitutional oath
of office and issue to him a certificate of appointment and he shall
serve until his successor is appointed ; but if such person is found
disqualified or is, in the judgment of the commissions, not a fit
and proper person for sudi office, his name shall be stricken from
the list. A supplemental list of persons for election officers may
also b^ filed containing not more than ten names for each office.
Additional supplemental lists for any election district may be
filed at any time before the appointments for such district are
made, or when a vacancy shafl exist for any cause, and alJ
appointments shall be made from the original list if those named
therein are found disqualified as herein provided; if not so quali-
fied, then from a supplemental list so filed. If no list is filed by
a party, and if within three days after notice in writing by the
commissioner to the chairm'an of the county committee of such
party, no list is filed, the commissioner of elections may appoint
qualified persons, members of the party in default, to act as elec-
tion ofiicers, and the enrollment of such person shall be sufficient
evidence of the party affiliation of such person. If a qualified
person cannot be obtained for any election office from the list or
lists filed by a party, and if within three days after notice in writ-
ing by the commissioner of elections to the chairman of the county
committee of such party, an additional list is not filed containing
the name or names of one or more qualified peo'sons, the commit
sioner of elections may fill such office by the af^intment of a
qualified person, a member of the party in default The eommia-
COMMISSIONEB OP ELECTIONS IN MoNBOE CoUNTY 127
sioner of elections shall from time to time, as lie may deem neces-
sary, hold a school for the instrtiction of inspectors of etection
and poll clerks. Snch school sh«ll not be held at any honr earlier
than seven o'clock in the evening, and notice shall he given by the
commissioner to each inspector of election and poll clerk staling
the time and place snch school vnH be held. Tlie notice shall be
by mail and either written or printed. If any inspector of elec-
tion or poll clerk shall fail to attend such school after receiving
notice thereof, the commissioner may remove him from office and
fin the vacancy in the manner provided for in this article. Each
election officer shall be paid one dollar for the time spent in
attending a school of instruction^ and the election officers of the
towns of Monroe county, if such school be held at any place out-
side the town in which thfty respectively reside, shall be paid in
addition the car fare going and returning from the school. The
money due an election officer for attending a school of instruction
shall be paid at the same time and in the same manner as the pay
for his other services. The commissioner of elections shall have
the power on any day of election, registration or primary elec-
tion to remove from office forthwith any inspector of election, poll
clerk or ballot clerk for intoxication or failure to perform his
duty in a satisfactory manner and to make a temporary appoint-
ment to fill the vacancy caused by such removal.
§ 213. O Aee for oommlnioner . It shall 'be the duty of
the board of supervisors of Monroe county to provide an office for
such commissioner of Sections suitable for the preservation of
the records of said office and for the doing of the work devolved
upon such commissioner under and by reason of this article and
the necessary furniture thereof The expense of providing and
famishing such office shall be a county charge and be audited and
paid as other county expmses are paid.
§ 214, Custody of records. All books, documents, papers,
records and election appliances or appurtenances held or used by
or under the control of any officer or officers of Monroe county or
of any political subdivision thereof or therein and relating to or
used in the conduct of general or special elections or official pri-
Hiaries, including voting machines used and owned by any
political subdivision of Monroe county shall, upon request of the
commissioner of elections be transferred to the care, custody and
control of such commissioner.
128 The Election Law
§ 815. Employees. The commissioner of elections may
appoint such employees as the board of supervisors of Monroe
county shall by resolution from time to time authorize, and such
employees shall receive such salaries and compensation as such
board shall by resolution fix and determine. Each employee shall
perform such duties as the commissioner of elections shall pre-
scribe and shall hold oflSce at the pleasure of such commissioner.
The salary of the commissioner of elections of Monroe county
shall be three thousand dollars per annum. Such salaries and
compensation shall be paid in the same manner as the salaries of
the county officers are paid.
§ 216. Notices. AH notices which are now or which here-
after may be required by law to be given by the secretary of
state or any other officer to any officer of Monroe county or of any
political subdivision thereof or therein relating to the holding of
any election or official primary, and stating the officers to be
elected or nominated or party positions to be filled thereat, or the
questions to be voted upon by the people from and after the
appointment and qualification of the first commissioner hereunder
shall be communicated by the secretarv of state or other officer to
the commissioner of elections of Monroe county.
§ 817. Filing papers; general poisirers and duties of
conimissioner. All certificates of nomination for office to be
\otr<l f(»r by the electors of Monroe county or any political sub-
division thereof or therein at any election to which this article
applies, all declinations of nominations for office, all certificates
of nomination to fill vacancies caused bv such declinations or by
death, all desi^iations, all declinations of designations, all cer-
tificates of designations to fill vacancies caused by such declina-
tions, all statements of candidates^ expenses, expenses of election
or nomination, and all rules and regulations of political parties
otherwise required by law to be filed with any officer of Monroe
county or any political subdivision thereof or therein, shall 1m3
filed in the office of the commissioner of elections herebv estab-
lished, and such commissioner shall be the custodian of primary
records for Monroe county and secretary of the county board of
canvassers. The office of the commissioner shall be public and
open on every business day of the year, during such reasonable
hours as the commissioner shall designate. The conomissioner
may adopt rules and regulations for the conduct of his office, not
inconsistent with this chapter. The official papers, records and
COMMISSIONEB OF ELECTIONS IX MoNBOE CoUNTY 129
documents of his office shall be public and open to inspection by
any citizen of the state during office hours. Except as otherwise
provided in this article, such commissioner shall have the powers
and duties of a board of elections prescribed by this chapter or
other statute and references to such board shall be deemed to mean
and include such commissioner.
§ 218. Pnrchase of supplies, inclnding voting ma-
ohines; expenses of commissioner. When the common
council of any city, the town board of any town or the board of
trustees of any village in the county of Monroe shall have
adopted voting machines, the commissioner of elections shall
direct the purchase of the number of machines authorized by such
local authorities, and may thereafter, when authorized by such
local authorities, direct the purchase of new or additional
machines for such city, town or village. The commissioner may
direct the purchase of any kind of voting machines approved by
the state board of voting machine commissioners or the use of
which has been specifically adopted by law. All supplies or elee-
tion appliances to be used or furnished by the commissioner of
elections for election purposes shall be purchased by the pur-
chasing agent of Monroe county as other county supplies are
purchased. The commissioner is hereby authorized to cause all
necessary repairs and alterations to be made and employ such
help as may be necessary in making such repairs and in moving,
setting up and caring for all election materials and appliances.
All expenses for snp])Iies, advertising, posting and circulation of
election notices and printing lists of registered voters and other
expenses arising from the conduct of elections in Monroe county
or in any political subdivision thereof or therein, incurred by or
under the direction of the commissioner of elections except the
compensation of inspectors of election, poll clerks and ballot
clerks, shall hereafter be a charge against the county or political
subdivision thereof or therein, as specified in this chapter and
shall be certified by the commissioner of elections and audited
and paid as are other claims against such county; provided, how-
ever, that any city, town or village may, upon request of the local
authorities, assume the payment of the cost of purchasing voting
machines and shall have the power to issue bonds, certificates of
indebtedness or other obligations which shall be a charge on the
city, town or village, payable at such time or times as such authori-
ties may determine, issued with or without interest and not issued
or sold at less than par.
5
130 The Election Law
§ 219. Apportionmeiit of expenses. Such .commia-
sioner of elections shall, on or before the first day of October ir
each year, certify to the clerk of the board of supervisors oi
Monroe county liie total amount of the expenses of his office,
including salaries for the preceding year, and shall certify to such
clerk the portion of such expenses which under the provisions of
law is to be borne by the county at large and the portions thereof
which are to be borne by each . political subdivision thereof or
therein, and the clerk of such board in spreading taxes levied
upon taxable property of such county or any political subdivision
thereof or therein shall include in the amount spread upon the
county at large and the political subdivision thereof or therein
the amount so certified by the commissioner to be borne by the
county at large or the political subdivision respectively.
§ 220. Pnblioation of notices. AH publications, adver-
tising or posting of election notices required by law relating to
general and special elections or oflScial primaries to which this
article applies and all notices of such elections or primaries as
are required by law to be published, advertised or posted shall be
published, advertised or posted by the commissioner of elections.
§ 221. Polling places, election districts, et cetera.
It shall be the duty of the commissioner of elections at least thirty
days before each primary day to fix the polling places for each
primary district in Monroe county and on or before the first
Tuesday in September in each year to fix the polling places for
registration and election in each election district in Monroe
coimty. It shall be the duty of the commissioner to create, alter
or divide the various political subdivisions of Monroe countv
into election districts as provided for in sections two hundred and
ninety-six and four hundred and nineteen of this chapter.
Whenever the commissioner shall have created, altered or divided
the election district in any political subdivision of Monroe
county he shall execute a certificate giving the boundaries of the
new districts and file it in his office and make and file a copy
thereof in the office of the city or town clerk, as the case may he,
and also publish a description of such boundaries once in the
paper designated to publish election notices.
§ 222. Voting machines. It shall be the duty of the
commissioner of elections to cause the proper ballot labels to he
placed on voting machines, and to cause the machines to be placed
COMMISSIONEB OF ELECTIONS IN MoNBOE C#UNTY 131
in proper order for voting and to examine all voting machines
before they are sent out to the different polling places, and see
that all the registering counters are set at zero (000), and lock all
voting machines so that the counting machinery cannot be oper-
ated, and seal each one with a numhered metal seal. The com-
missioner of elections may appoint a custodian of voting machines
who shall under the direction of the commissioner of elections,,
have charge of and represent the commissioner of elections during
the preparation of the voting machines and serve at the pleasure,
of the commissioner, but not to exceed forty days for any one
election. Before preparing a voting machine for an election writ-
ten notice shall be mailed to the chairmen of the county com-
mittees of the two political parties which polled the greatest num-
ber of votes at the last preceding election of a governor, stating
the time and place where the machines will be prepared ; at which
time and place one representative of each of such political parties,
certified by the respective chairmen of the county committees of
such parties, shall be entitled to be present and see that the ma-
chines are properly prepared and placed in proper condition for
use at election. The custodian of voting machines and the party
representatives shall take the constitutional oath of office and
shall be paid five dollars for each day so employed, which shall
be paid in the same manner as the salaries of county officers are
paid. It shall be the duty of such representatives to be present at
the preparation of voting machines for election and to see that
the machines are properly prepared and that all the registering
counters are set at zero (000). When a machine has been prepared
for election it shall be the duty of such representatives to make a
certificate in writing, which shall be filed in the office of the com-
missioner of elections, stating the number of the machine, whether
or not all of the counters are set at zero (000), the number regis-
tered on the protective counter, if one is provided, and the num-
ber on the metal seal with which the machine is sealed. Such
representatives shall perform their duties under the direction of
the commissioner. It shall be the duty of the commissioner to
cause the voting machines to be delivered at the respective polling
places in which they are to be used at least one hour before the
time set for the opening of the polls.
§ 1^23. Construction of article. Nothing in this article
shall be construed to affect or limit the powers of the board of
supervisors of Monroe county or the town board of any town, or
the village trustees of any village, in such county, as boards of
132 The Election Law
canvassers for the county, towns and villages respectively, ^ot
shall this article apply to elections held in cities, towns or vil-
lages where elections are held at a time other than at the time of
general elections. Where the provisions of this article are incon-
sistent with other provisions of tfiis chapter or other statutes, the
provisions of this article shall be controlling.
^ ARTTCIiE 7-B
Commissioner of Elections in the County of
Niagara
Section 225. Commissioner of elections for Niagara county.
226. Appointment, qualifications and removal of com-
missioner.
227. Appointment, removal and examination of inspec-
tors of election, poll clerks and ballot clerks.
228. Office for commissioner.
229. Custody of records.
230. Employees.
231. Notices.
232. Filing papers; general poweiv> mid duties of com-
missioner.
233. Purchase of supplies, including voting machines:
expenses of commissioner.
234. Apportionment of expenses.
235. Publication of notices.
236. Polling places, election districts, et cetera.
237. Voting machines.
238. Construction of article.
§ 225. Commissioner of elections for Niagara
connty. The office of commissioner of elections in the county of
Niagara is hereby created, and all the rights, powers, authority,
duties and obligations immediately heretofore by law vested in
and imposed upon any officer or officers of the county of Niagara
or any political subdivision thereof or therein, excepting the
appointment, duties and obligations of inspectors of election, poll
clerks and ballot clerks, who shall be appointed as hereinafter pro-
vided and serve as provided by law with respect to general or
special elections and official primaries in the county jof Niagara
or in any political subdivision thereof or therein, except elections
t Added by Chap. 202 Laws 1917.
Commissioner of Elections in Niagaba County 133
held at a time other than the time of the general election, or of
village and school district officers, and special elections for town,
village and school district purposes held at such other time, shall,
by force of and as an effect of this article, be transf en:ed to and be
continued in the commissioner of elections in the county of Niag-
ara hereby created from and after the time of appointment and
qualification of the first commissioner hereunder.
§ 226* Appointment, qualifications and removal of
commissioner. Within five days after this article takes effect
the county judge, county clerk and the district attorney of Niagara
county, or a majority of them, shall appoint a commissioner of
elections who must be a resident voter of such county and shall
file in the office of the clerk of such county a certificate of the
appointment. Such commissioner of elections shall take the con-
stitutional oath of office and file the same in the county clerk's
office and shall hold office for a term of five years ; his successor to
be appointed in like manner. Such term of office, except as other-
wise provided in this section, shall begin on the first day of May
in every fifth year, beginning with the year nineteen hundred and
twenty-two. The term of the commissioner first appointed here-
under shall begin on the day the appointment is made and expire
on May first, nineteen hundred and twenty-two. In case of a
vacancy in the office of commissioner of elections, such county
judge, county clerk and district attorney, or a majority of them,
shall appoint a resident voter of Niagara county to fill such
vacancy and shall file a certificate of such appointment in the office
of the clerk of Niagara county. The person so appointed shall take
the constitutional oath of office and serve the remainder of the
term. The commissioner of elections appointed pursuant to this
article shall be subject to removal by the governor in like manner
as sheriffs of counties. Upon the appointment and qualifications,
pursuant to this section, of the first commissioner for such county,
the board of elections therein shall be deemed abolished ; and the
terms of office of its members shall then expire. The provisions
of article seven of this chapter shall not thereafter apply to the
county of Niagara except section one hundred and ninety-nine;
and the commissioner provided for herein shall be deemed a board
of elections for the purpose of applying such section.
§ 227. Appointment and removal of inspectors of
election^ poll clerks and ballot clerks. Inspectors of
134 The Exaction Law
election, poll clerks and ballot clerks in and for the various elec-
tion districts in the county of Kiagara shall be appointed as fol-
lows : The chairmen of the county committees of the two political
parties which at the last preceding general election of a governor
cast the highest number of votes for governor shall each file with
the commissioner of elections, on or before the first day of April
of each year, a list of persons who are duly qualified to serve as
inspectors of election, poll clerks and ballot clerks. If the person
so named is found hj the commissioner to be qualified and is, in
the judgment of the commissioner, a fit and proper person for such
office, the commissioner or some person designated by him shall
administer the constitutional oath of office and issue to him a cei^
tificate of appointment and he shall serve until his successor is
appointed; but if such person is found disqualified or is, in the
judgment of the commissioner, not a fit and proper person for
such office his name shall be stricken from the list. A supple-
mental list of persons for election officers may also be filed con-
taining not more than ten names for each office. Additional
supplemental lists for any election district may be filed at anv
time before the appointments for such district are made, oV
when a vacancy shall exist for any cause, and all appointments
shall be made from the original list if those named therein
are found disqualified as herein provided; if not so qualified,
then from a supplemental list so filed. If no list is filed by a
party, and if within three days after notice in writing by the com-
missioner to the chairman of the county committee of such party
no list is filed, the commissioner of elections may appoint quali-
fied persons, members of the party in default, to act as election
officers, and the enrollment of such persons shall be sufficient evi-
dence of the party affiliation of such person. If a qualified person
cannot be obtained for any election office from the list or lists filed
by a party, and if within three days after notice in writing by the
commissioner of elections to the chairman of the county commit-
tee of such party an additional list is not filed containing the name
or names of one or more qualified persons, the commissioner of
elections may fill such office by the appointment of a qualified per-
son, a membe!P of the party in default. The commissioner of dec-
tions may from time to time, as he may deem necessary, hold a
school for the instruction of inspectors of election and poll clerks.
Puch school shall not be held at any hour earlier than seven
o^dock in the evening, and notice shall be given by the commis-
sioner to each inspector of election and poll clerk stating the time
CoMMISSIOiS^EB OP ELECTIONS IN NiAGARA CoUNTY 135
and place such school will be held. The notice shall be by mail
and either written or printed. If any inspector of election or poll
clerk shall fail to attend such school after receiving notice thereof,
the commissioner may remove him from ofBce and fill the vacan<^
in the manner provided for in this article. Each election oflScer
shall be paid one dollar for the time spent in attending a school of
instruction, and the election officers of the towns of Niagara
county, if such school be held at any place outside the town in
which they respectively reside, shall be paid in addition the car
fare going and returning from the school. The money due an
election officer for attending a school of instruction shall be paid
at the same time and in the same maimer as the pay for his other
services. The commissioner of elections shall have the power on
any day of election, registration or primary election to remove
from office forthwith any inspector of election, poll clerk or ballot
clerk for intoxication or failure to perform his duty in a 8atisfa<^
tory manner and to make a temporary appointment to fill the
vacancy caused by such removal.
§ 228. Office for conunissloner. It shall be the duty of
the board of supervisors of Niagara county to provide an office for
such commissioner of elections suitable for the preservation of the
records of said office and for the doing of the work devolved upon
such commissioner under and by reason of this article and the
necessary furniture thereof. The expense of providing and fur-
nishing such office shall be a county charge and be audited and
paid as other county expenses are paid.
§ 229. Custody of records. AH books, documents, papers,
records and election appliances or appurtenances held or used by
or under the control of any officer or officers of Niagara county
or of any political subdivision thereof or therein and relating to
or used in the conduct of general or special elections or official
primaries, including voting machines used and owned by any
political subdivision of Niagara county, shall, upon request of
the commissioner of elections, be transferred to the care, custody
and control of such commissioner.
§ 230. Employees. The commissioner of elections is herebv
authorized and empowered to appoint a deputy commissioner of
elections, who shall perform such duties as the commissioner of
elections shall prescribe, and also a secretary to the commissioner,
who shall each hold office at the pleasure of the said commissioner,
136 The Election Law
and such additional employees as the board of supervisors of
Niagara county shall, by resolution, from time to time authorize:
and such additional 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 commissioner of elections shall prescribe and shall
each hold office at the pleasure of said commissioner. The salary
of the commissioner of elections of Xiagara county shall be two
thousand dollars per annum, the salary of the deputy commis-
sioner of elections shall be fixed bv the commissioner at not to
exceed one thousand four hundred dollars per annum, and the
salary of the secretary to the commissioner shall be fixed by the
commissioner at not to exceed one thousand one hundred dollars
per annum. Such salaries and compensation shall be paid in the
same manner as the salaries of the county officers are paid.
§ 231. Notices. AH notices which are now or which here-
after may be required by law to be given by the secretary of state
or any other officer to any officer of Niagara county or of any
political subdivision thereof or therein relating to the holding of
any election or official primary, and stating the officers to be
elected or nominated or party positions to be filled thereat, or
the questions to be voted upon by the people from and after the
appointment and qualification of the first commissioner hereunder,
shall be communicated by the secretary of state or other officer t'^
the commissioner of elections of Niagara county.
§ 232. Filing papers ; general poxi^ers and duties of
commissioner. All certificates of nomination for office to be
voted for by the electors of Niagara county or any political sub-
division thereof or therein at any election to which this article
applies, all declinations of nominations for office, all certificates
of nomination to fill vacancies caused bv such declinations or 1>v
death, all designations, all declinations of designations, all certifi-
cates of designations to fill vacancies caused by such declination?,
all statements of candidates' expenses, expenses of election or
nomination, and all rules and regulations of political parties other-
wise required by law to be filed with any officer of Niagara county.
or any political subdivision thereof or therein, shall be filed in
the office of the commissioner of elections hereby established, and
such commissioner shall be the custodian of primary records for
Niagara county and secretary of the county board of canvassers.
The office of the commissioner shall be public and open on every
COMMISSIOXEB OF ElECTIOXS IX XiAGAEA CoUNTY 137
business day of the year, during such reasonable hours as the
commissioner shall designate. The commissioner may adopt rules
and regulations for the conduct of his office not inconsistent with
this chapter. The official papers, records and documents of his
office shall be public and open to inspection by any citizen of the
state during office hours. Except as otherwise provided in this
article, such commissioner shall have the powers and duties of a
board of elections prescribed by this chapter or other statute and
references to such board shall be deemed to mean and include such
commissioner.
§ 233. Porcliase of supplies, including: voting;
miaclLines ; eacpenses of commissioner. When the common
council of any city, the town board of any town or the board of
trustees of any village in the county of Niagara shall have adopted
voting machines, the commissioner of elections shall direct the
purchase of the number of machines authorized by such local
authorities, and may thereafter, when authorized by such local
authorities, direct the purchase of new or additional machines for
such city, town or village. The commissioner may direct the
purchase of any kind of voting machines approved by the state
board of voting machine commissioners or the use of which has
been specifically adopted by law. All supplies or election appli-
ances to be used or furnished by the commissioner of elections
for election purposes shall be purchased by such commissioner.
The commissioner is hereby authorized to cause all necessary
repairs and alterations to be made and employ such help as may
be necessary in making such repairs and in moving, setting up
and caring for all election materials and appliances. AH expenses
for supplies, advertising, posting and circulation of election notices
and printing lists of registered voters and other expenses arising
from the conduct of elections in Niagara county or in any political
subdivision thereof or therein, 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 or political subdivision thereof or
therein, as specified in this chapter, and shall be certified by the
conmiissioner of elections and audited and paid as are other claims
against such county; provided, however, that any city, town or
village may, upon request of the local authorities, assume the pay-
ment of the cost of purchasing voting machines and shall have the
power to issue bonds, certificates of indebtedness or other obliga-
tions which shall be a charge on the city, town or village, payable
138 The Election Law
at such time or times as such authorities may determine, issued
with or without interest and not issued or sold at l^s than par.
§ 234. Apportionment of eiqpenses. Such commit
sioner of elections shall, on or before the first day of €)otober in
each year, certify to the clerk of the board of supervisors ci
ITiagara county the total amount of the expenses of his office,
including salaries for the preceding year, and shaU certify to such
clerk the portion of such expenses which under the provisions of
law is to be borne by the county at large and the portions thereof
which are to be borne by each political subdivision thereof or
therein, and the clerk of such board in spreading taxes levied upon
taxable property of such county or any political subdivision thereof
or therein shall include in the amount spread upon the county at
large and the political subdivision thereof or therein the amount
BO certified by the commissioner to be borne by the county at laige
or the political subdivision respectively.
§ 2S&. Publioation of notices. AH publications, adver-
tising or posting of election notices required by law relating to
general and special elections or official primaries to which this
article applies and all notices of sn^ elections or primaries as are
required by law to be published, advertised or posted shall be
published, advertised or posted by the commissioner of elections.
§ 236. Polling places, election distrietB, et cetera.
It shall be the duty of the commissioner of elections at least thirty
days before each primary day to fix the polling places for each pri-
mary district in Niagara county and on or before the first Tuesday
in September in each year to fix the polling places for r^stration
and election in each election district in Niagara county. It flhafl
be the duty of the commissioner to create, alter or divide tbc
various political subdivisions of Niagara county into election dis-
tricts as provided for in sections two hundred and ninety-six afid
four hundred and nineteen of this <Aapter. Whcjiever the com-
missioner shall have created, altered or divided the Section dis-
tricts in any political subdivision of Niagara county he shaH
execute a certificate giving the boundaries of the new difltricts
and file it in his office and make and file a copy thereof in the office
of the city or town clerk, as the case may be, and also publiA a
description of such boundaries once in the paper designated t)
publish election notices.
COMMISSIONEB OF ELECTIONS IN XiAGAEA CoUNTY 139
§ 237. Votlns machines. It shall be the duty of the com-
missioner of elections to cause the proper ballot labels to be placed
on voting machines, and to cause the machines to be placed in
proper order for voting and to examine all voting machines before
they are sent out to#the different polling places, and see that
all the registering counters are. set at zero (000), and lock all
voting machines so that the counting machinery cannot be oper-
ated, and seal each one with a numbered metal seal. The com-
missioner of elections may appoint a custodian of voting machines
who shall, under the direction of the commissioner of elections,
have charge of and represent the commissioner of elections dur-
ing the preparation of the voting machines and serve at the
pleasure of the coinmissioner, but not to exceed forty days for
any one election. Before preparing a voting machine for an
election written notice shall be mailed to the chairman of the
county committees of the two political parties which polled the
greatest number of votes at the last preceding election of a gov-
ernor, stating the time and place where the machines will be
prepared ; at which time and place one representative of each of
such political parties, certified by the respective chairmen of the
county committees of such parties, shall be entitled to be present
and see that the machines are properly prepared and placed in
proper condition for use at election. The custodian of voting
machines and the party representatives shall take the constitu-
tional oath of office and shall be paid five dollars for each day so
employed, which shall be paid in the same manner as the sal-
aries of county officers are paid. It shall be the duty of such
representatives to be present at the preparation of voting machines
for election and to see that the machines are properly prepared
and that all the registering counters are set at zero (000). When
a machine has been prepared for election it shall be the duty of
such representatives to make a certificate in vmting, which shall
be filed in the office of the commissioner of elections, stating the
number of the machine, whether or not all of the counters are set at
zero (000), the number registered on the protective counter, if
one is provided, and the number on the metal seal with which
the machine is sealed. Such representatives shall perform their
duties under the direction of the commissioner. It shall be the
duty of the commissioner to cause the votincc machines to be deliv-
ered at the respective polling places in which they are to be used
at least one hour before the time set for the opening of the polls.
§ 238. Gonstmotion of article. Nothing in this article
140 The Election Law
shall be construed to affect or limit the powers of the board of
supervisors of Niagara county or the town board of any town, or
the village trustees of any village, in such county, as boards of
canvassers for the county, towns and villages respectively. Xor
shall this article apply to elections held in cities, towns or vil-
lages where elections are held at a time other than at the time of
general elections. Where the provisions of this article are incon-
sistent with other provisions of this chapter or other statutes, the
provisions of this article shall be controlling,
^ARTICLE 8
Times, Places, Notices, Officers and Expenses
of Elections
Section 290. Date of general election.
291. Time of opening and closing polls.
292. Filling vacancies in elective offices.
293. Notices of elections.
294. Notice of submission of proposed constitutional
amendments or other propositions or questions.
295. Publication of concurrent resolutions, proposing con-
stitutional amendments and other propositions.
296. Creation, division and alteration of election dis-
tricts.
297. Abolition, consolidation or changing of election dis-
tricts in towns.
298. Maps and certificates of boundaries of election dis-
tricts.
299. Designation of places for registry and voting.
300. Equipment of polling places.
300-a. ^^Display of American flag.
301. Publication of list of registration and polling places.
302. Election officers; designation, number and qualifi-
cations.
303. Appointment of election officers in cities.
304. Authentication of party lists.
305. Examination as to qualifications.
306. Party election in the city of New York.
307. Oath of office; certificate of appointment.
— - * - - _
* As renumbered by chap. 800, Laws of 1913.
18 New section added by chap. 783, Laws of 1913.
Times, Places, Notices, Etc., of Elections 141
Section 308. Removals; vacancies; transfers.
309. Certificates of service; ex^nption from jury duty;
payment.
310. Special penalties.
311. Appointment of inspectors of election in towns.
312. Appointment of poll clerks and ballot clerks in
towns.
313. Supplying vacancies and absences.
314. Organization oi boards of inspectors.
315. Preservation of order by inspectors.
316. Ballot boxes.
317. Voting booths and guard-rails.
318. Apportionment of election expenses.
319. Fees of election officers and others.
320. Delivery of election laws to clerks, boards and
election officers.
§ 290. Date of general election. A general election
shall be held annually on the Tuesday next succeeding the first
Monday in November.
§ 201. Time of opening and closing polls. The polls of
every general election, and, unless otherwise provided by law, of
every other election shall be opened at six o'clock in the forenoon
and shall close at five o'clock in the afternoon. There shall be no
adjournment or intermission until the polls are closed. Electors
entitled to vote who are in the polling place at or before five
o'clock in the afternoon shall be allowed to vote. [As amended by
chap. 649, Laws of 1911, and chap. 820, Laws of 1913.]
§ 202. Filling Tacancies in eleotive ofBLces. A vacancy
occurring before October fifteenth of any year in any office author-
ized to be filled at a general election, shall be filled at the general
election held next thereafter, unless otherwise provided by the con-
stitution, 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
142 The Election Law
term, or upon the occurrence of a vacancy in any elective office
which can not be filled by appointment for a period extending to
or beyond the next general election at which a person may be
elected thereto, the governor may in his discretion make procla-
mation of a special election to fill such office, specifying the dis-
trict or county in which the election is to be held, and the day
thereof, which shall be not less than thirty nor more than forty
days from the date of the proclamation.
A special election shall not be held to fill a vacancy in the office
of a representative in congress unless such vacancy occurs on or
before the first day of July of the last year of the term of office,
or unless it occurs thereafter and a special session of congress is
called to meet before the next general election, or be called after
October fourteenth of such year ; nor to fill a vacancy in the office
. of state senator, unless the vacancy occurs before the first day of
April of the last year of the term of office ; nor to fill a vacancy in
the office of a member of assembly, unless occurring before the
first day of April in any year, unless the vacancy occurs in either
such office of senator or member of assembly after such first day
of April and a special session of the legislature be called to meet
between such first day of April and the next general election or
be called after October fourteenth in such year. If a special elec-
tion to fill an office shall not be held as required by law, the office
shall be filled at the next general election. lAs amended by chap,
891, Laws of 1911.]
§ 293. Notices of eleotlons. The secretary (rf state shall,
at least two months before each general election, make and trans*
mit to the custodian of primary records a notice under his
hand and official seal, stating the day upon which such election
shall be held, and stating each officer, except city, village and
town officers, who may be lawfully voted for at such election by
the electors of 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 govemor^s proclamation ordering a special election, make and
transmit to the custodian of primary records, a like notice of the
officers to be voted for at such special election in such county or
city or any part thereof, and cause such proclamation to be pub-
li^ed in the newspapers published in such county having large
circulation therein, at least once a week until such Section shiJl
be held.
.J
• ' . It • I
Times, Places, Notices, Etc., of Elections 143
Each custodian of primary records shall forthwith, upon tho
receipt of either such notice, file -and record the same in his
office, and shall cause a copy of such notice to be published once
in each week, if it relates to a special election, until the election
therein specified, and otherwise twice in each of the two months
preceding the election, in the newspapers designated to publish
election notices. They shall also publish, as a part of such notice,
a list of all city, village and town officers who may lawfully be
Toted for at such election by the electors of such county or any
part thereof; and lie city, village and town clerks of each county
Bhall, at least two months before each general election, make and
transmit to the custodian of primary records a notice under their
Tesj^ective hands and official seals, stating each city, village or
town officer to be voted for at such election. They shall not pub-
lish, as a part of such notice, the text of proposed constitutional
amendments or other propositions or questions included in the
notice of the general election received from the secretary of state
Tinder this section nor the abstract of such proposed amendment,
proposition or question, included in such notice by the secretary
of state. [As amended hy chap. 649, Laws of 1911, and chap. 820,
Laws of 1918.]
§ 204. Notice of submlsBioii of proposed oonstitn*
tional amendments or otber propositions or i^nes-
tions. Every amendment to the constitution proposed by the
legislature, unless otherwise provided by law, shall be submitted
to the people for approval at the next general election, after
action by tibe legislature in accordance with the constitution ; and
whenever any such proposed amendment to the constitution op
other proposition, or question provided by law to be submitted
to a popular vote, shall be submitted to the people for their ap-
proval, the secretary of state shall include in his notice of the
general election, a copy of the text of such amendment, proposition
or question, setting out all new matter in italics and inclosing in
brackets aU matter to be eliminated from existing law, and at
the bottom of each page shall be appended the words, Explana-
tion— Matter in italics is new; matter in brackets [] is old law
to be omitted. In addition to the text, such notice shall eontahi
tm abstract of such proposed amendment, proposition or question,
prepared "by said secretary with tho advice of the attomey-gcneraH,
concisely stating the purpose and effect thereof. K more than
one such amendment, proposition or q^iestion is to be voted upon
144 The Election Law
at such election, such amendments, propositions or questions re-
spectively shall be separately and consecutively numbered. The
clerk of each county, except the clerk of any county having a
commissioner or board of elections, the commissioner of elections
of each county wherein such commissioner has been appointed
and the board of elections of the city of N'ew York shall forth-
with, upon receipt of such notice, cause printed copies thereof to
be made and on the first day of registration shall cause an ade-
quate number of such printed copies to be placed in the places
designated pursuant to the provisions of this act, for the meet-
ings for registration and distributed therein by the chairman of
the board of inspectors on each day of registration to the electors
applying for registration. If such amendment, proposition or
question is to be submitted at a special election, the secretary of
state shall, at least twenty days before the election, make and
transmit to each county clerk, except the clerk of any county
having a commissioner or board of elections, the commissioner of
elections of each county wherein such conunissioner has been
appointed, and the board of elections of the city of New York a
like notice. Each coimty clerk and commissioner of elections
aforesaid and the board of elections of the city of New York,
shall, forthwith upon the receipt of such notice, file and record it
in his office, and shall cause a copy of such notice to be published
once a week until the election therein specified in the newspapers
designated to publish election notices, and in addition thereto on
the day of registration for such special election, each clerk of a
coimty, except the clerk of any county having a commissioner or
board of elections, the commissioner of elections of each county
wherein such commissioner has been appointed and the board of
elections of the city of New York shall cause an adequate number
of such notices to be printed and placed in the places designated
for the meeting for repstration for such special election, and
distributed therein by the chairman of the board of inspectors to
the electors applying for registration. In election districts where
personal registration of electors is not required, after the last
day of the registration the inspectors of election shall deliver to
the town clerk all of the printed copies of such notices remaining
in their hands and the town clerk shall within five days after
receipt of the same mail a copy thereof to each registered elector
in such town, who has not received such copy from the inspectors.
The expense thus incurred shall be a county charge and paid ac-
cordingly. The inspectors of election at the time of making np
Times, Places, Notices, Etc., op Elections 145
their registry list shall indicate in a suitable manner the name of
each elector to whom they have delivered in person printed copies
of such proposed amendment, proposition or question, and ab-
stract. [As amended by chap. 446, Laws of 1910.]
§ 295. Pnblication of ooncnrrent resolntionSi pro*
posins constitutional amendments and other propo-
sitions. The secretary of state shall cause each concurrent reso-
lution of the two houses of the legislature agreeing to a proposed
amendment to the constitution, which is referred to the legi-slature
to be chosen at the next general election of senators, to be published
once, three months before such election, and thereafter twice in
each of the three months next preceding such election in two news-
papers published in each county representing the two political
parties polling the highest number of votes at the then last preced-
ing general election and in one additional newspaper published 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 circulation in the county in which they are pub-
lished. If such resolution does not state that such proposed
amendment is so referred to such legislature, the secretary of state
shall publish, in connection with the publication of such concur-
rent resolution, a statement that such amendment is referred to the
legislature to be chosen at the next general election.
The secretary of state shall cause such proposed amendment to
the constitution or other proposition or question, which is by law
to be submitted to the voters of the state at a general or special
election, to be published for a like period before such election in
newspapers selected in like manner, together with a brief state-
ment of the law or proceedings authorizing such submission, the
fact that such submission will be made and the reading form in
which it is to be submitted. If such proposed amendment or other
proposition or question is to be submitted at a special election, to
be held less than three months from the time of appointing it,
the first publication in each newspaper shall be made as soon as
practicable after such appointment, and shall continue once in
each week to the time of the election. [As amended by chap. 820,
Laws of 1913, and chap, 244, Laws of 1914.]
§ 206. Greation, division and alteration of election
districts* '^erj town or ward of a city not subdivided into
146 The Election Law
election districts shall be an election district. The town board of
every town containing more than four hundred voters and the com-
mon council of every city except "New York and Buffalo, in which
there shall be a ward containing more than four hundred voters,
shall, on or before the first day of July in each year, whenever
necessary so to do, divide such town or ward respectively into elec-
tion districts, to take effect on the sixth Wednesday before the g«i-
eral election in such year, each of which shall be compact in form,
wholly within the town or ward, and shall contain respectively as
near as may be, three hundred voters, but no such ward or town
shall be again divided into election districts until, at some general
election, the number of votes cast in one or more districts thereof
shall exceed three hundred and fifty; and in such case the redi-
yi^ion shall apply only to the town or ward in which such district
lis situated ; provided, however, that in cities of the third class the
ftommon council, or other board or body charged with like duties,
by resolution duly adopted at the time and to take effect as herein-
before provided for the division of wards into election districts,
•may direct that wards in such city having five hundred and fifty
voters or less shall not be divided but shall constitute one elec-
tion district; or, that wards having five hundred voters or less,
which have been divided into election districts pursuant to the
foregoing provisions of this section, shall be consolidated into
one election district. Such resolution shall fix and determine the
polling place for such election district or consolidated districts and
in all such cases it shall be the duty of the common council, or
other board or body charged with like duties, to furnish such poll-
ing place with one booth for each seventy-five voters in such elec-
tion district or consolidated districts, as diown by the last preced-
ing registration of voters in such ward. If any part of a city shall
be within a town, the town board shall divide into election dis-
tricts only that part of the town which is outside of the city. Xo
election district including any part of a city shall include any
part of a town outside of a city.
A town or ward of a city containing less than four hundred vot-
ers, or an election district of a town containing less than three him-
dred voters may, in any year not later than the first day of July,
be divided into election districts by the board or other body
charged with such duty, to take effect on the sixth Wednesday be-
fore the general election in such year, when, in the judgment of
such board or body, the convenience of the voters ^all be pro-
moted thereby. Upon the creaticm, division or alteratioa of aa
Times, Places, Notices, Etc., of Elections 14Y
election district outside of a city, and on or before September first
the town board shall appoint four inspectors of election for each
election district so created, divided or altered, to take effect on or
before the first day of registration thereafter and not earlier than
the second Wednesday following the next fall primary, who shall
be equally divided between the two parties entitled to representa-
tion on boards of inspectors. If the creation, division or altera-
tion of an election district is rendered necessary by the creation,
division or alteration of a town, ward or city or rendered necessary
or occasioned by the division of a county into assembly districts
after a reapportionment by the legislature of members of assem-
bly, such creation, division or alteration of an election district
shall bo made and shall take effect immediately; and inspectors
of election for the new election district as so created, divided or
altered shall be appointed, in the manner provided by law, a rea-
sonable time before the next official primary or meeting for regis-
tration and such appointments shall take effect immediately. If a
town shall include a city, or a portion of a city, only such electicm
districts as are wholly outside of the city shall be deemed electioh
districts of the town, except for the purpose of town meetings. •
The board of elections of the city of JNTew York and county of
Erie shall divide the cities of New York and Buffalo, respectively,
into election districts en or before the first day of July in any year
whenever necessary so to do as herein provided, to take effect on
the sixth Wednesday before the general election in such year.
Each election district in the counties within the city of New York
shall contain, so far as possible, four hundred voters, provided,
however, that any election district containing less than two hun-
dred voters, in such counties, made necessary by the crossing of
congressional lines with other political divisions, may be consoli-
dated with a contiguous election district in any year when no
representative in congress is to be voted for in such district. Such
election districts so established in the city of New York shall not
again be changed until at some general election the nimiber of
registered voters therein shall exceed four hundred and fifty,
except where changes are made necessary by a change in the
boundaries of congressional, senate, assembly, aldermanic or
municipal court districts or ward lines, provided, however, that
when the number of registered voters in an election district shall,
in any year, be less than two hundred and fifty, such district
may be consolidated with a contiguous election district in the
discretion of said board of elections. In the city of New Yoik
each election district shall be compact in form, entirely within
148 The Election Law
an assembly district and numbered in consecutive order therein
respectively. In the. year of any decennial reapportionment the
board of elections of the city of New York shall rearrange the
election districts throughout the city within assembly district lines
as constituted pursuant to such reapportionment, to conform as to
the number of voters to the provisions of this section, which rear-
rangement shall take effect before the fall primary in that year:
and the appointment of inspectors of election for such election dis-
trict, as altered or newly created, shall be made and shall take
effect a reasonable time before such primary.
No election district shall contain portions of two counties, or
two senate or assembly districts. [As amended by chap. 244,
Laws of 1914, chap. 537, Laws of 1916, and chap. 703, Laws of
1917.]
., § 297. Abolition^ consolidatioii or cliang^ing of elec-
tion districts in tonms. If at a general election at which
a governor is elected, the number of votes cast for governor in an
election district in any town be less than two hundred, the town
board of the town may, if such town contains two election dis-
tricts, abolish the division of the town into election districts, or
if the town contains more than two election districts, may annex
the territory of such district to one or more of the other districts
therein, in such manner as will best promote the convenience of
the voters ; but no district shall be abolished pursuant to this sec-
tion if thereby in case of the abolition of election districts, the
number of voters in the town will exceed four hundred, as in-
dicated by the last preceding vote for governor, or thereby in the
case of the abolition of an election district and its annexation to
one or more other districts, the number of voters in any new
district so created will exceed three hundred and fiftv as indi-
cated by such vote. An alteration of election districts, pursuant
to this section, must be made on or before Julv first in any year,
to take effect on the sixth Wednesday before the general election
in such year. If the election districts in a town are abolished
pursuant to this section, the town board shall, on or before Sep-
tember first, appoint from the inspectors of election in such town
four inspectors of election for the town as an election district, t*>
take effect on or before the first day of re^stration thereafter and
not earlier than the second Wednesday following the next fall pri-
mary, who shall be equally divided between the two parties entitled
to representation on boards of inspectors.
Times, Places, Notices, Etc., of Elections 149
If a town has been divided into three or more election districts,
and if at any general election at which a governor is elected, the
number of votes cast for governor in any district in such town
does not exceed two hundred, the town board of such town may on
or before the first day of August succeeding, if it deems that the
convenience of voters will be promoted thereby, divide such town
into such number of election districts, to take effect on the sixth
Wednesday before the next general election, as it deems desirable,
or change the boundaries of the existing districts, in such manner
that no district shall contain more than three hundred voters as
indicated by the last preceding vote for governor. If, in pursu-
ance of this section, the boundaries of an election district in such
town should be changed, or a new election district is created, by
the consolidation of two or more districts or parts of districts,
the, town board shall on or before September first appoint for
each such district so created, or changed, four inspectors of elec-
tion, to take effect on or before the first day of registration thetl-
af ter and not earlier than the second Wednesday following the next
fall primary, who shall be equally divided between the two parties
entitled to representation on boards of inspectors. Such inspectors
of election shall hold oflSco until their successors are regularly
elected in such election districts, in pursuance of law. [As
amended by chap. 244, Laws of 1914, aiid chap. 537, Laws of
1916.]
§ 208« Maps and certificates of boundaries of
election distriots. 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 oroating, dividing or altering such
election districts shall forthwith make a map or description of
such division, defining it by kno^vn boundaries, and cause such
map or description to be kept open for public inspection in the
office of the city clerk, and cause one copy thereof to be posted
not less than ten days prior to the first day of registration in each
year at the last polling place of each former election district, or
of each ward not previously divided into two or more election
districts, which if affected by such alteration, division or creation
of an election district or districts, and one copy thereof at each
police station house in the ward or assembly district, and shall,
prior to the first day of registration in each year, furnish copies
of such map or description to the inspectors of election in each
election district of such ward or assembly district; such maps to
150 The Election Law
be posted in the place of registration and remain posted until
the close of the general election. The remaining maps so printed
shall be distributed in the discretion of said boards of elections,
which shall have respectively the power to charge for each map
a price not .exceeding the cost of printing the same; and any
moneys resulting from the sale thereof shall be paid to the comp-
troller of the city of New York or to the comity treasurer of the
cbunty, in counties outside of the city of New York, for the
benefit of the treasury of said city or county. The scale of such
maps shall, so far as possible, be uniform and large enough to per-
mit the printing of the street comer numbers of the block or blocks
defining the extreme boundaries of each election district within or
outside the lines of such block or blocks respectively; and such
street comer numbers shall be printed in or outside such block
lines upon said maps, so that the lowest and highest street num-
bers within the election district of every stre^ bounding sudi
ejection district shall be plainly shown thereon. The copies fnr-
rfished 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 the next section as places at which the meetings for
the r^istration of voters and the election shall be held during
the year within such ward or assembly district.
The officers creating, dividing or altering an election district in
a town shall forthwith make a certificate or map thereof, exhib-
iting the districts so created, divided or altered, and their num-
bers respectively, and file the same in the county clerk's office ex-
cept in the county of Erie, and in the county of Erie in the office
of the commissioner of elections, and a copy thereof in the town
clerk's office, and cause copies of the same to be posted in at least
five of the most public places in each election district of such town,
^nd the county clerk or commissioner of elections as the case may
be, shall, prior to every general election, furnish copies of su(i
maps or certificates, to the inspectors of election in each election
district of such town, provided such election district is not co-
terminous with the town Hues. [As amended by chap. 703, Laws
of 1917.]
§ 299. Designation of places tor registry and to^
ing* 1. On the first Tuesday of September in each year; the
town board of each town, and the common council of each city,
except Buffalo, and the board of elections of the city of New
York, shall designate the place in each election district in the
city or town at which the meeting for the registration of voters
Times, Places, Notices, Etc., of Elections 151
and the election shall be held durii^ the year ; provided, however,
that in the city of If ew York the place so designated, if a school-
house or other public building, may be in a contiguous election
district. In the city of Buffalo the board of elections of the
counly of Erie shall designate such places for registry and elec-
tion on the first Monday in August in each year. I Amended by
chap. 537, Laws of 1916.]
2. Each room so designated shall be of a reasonable size, suffi-
cient to admit and comfortably accommodate at least ten voter*
at one time outside of the guard-rail, and in cities containing a
population of one million or over such room must in addition be
of suffici^it size to allow of the placing of the furniture and
equipment of such polling place as provided in the dection law.
3. In cities containing: a population of over one millioi^ ^1
school-house or other public building may be designated, pro-
vided that the board of education consent and that the use o£
the same as a registration and polling place shall not interfere
vnth their customary nse. The expense, if any, incidental to their
use under such designation shall be paid like the expense of other
registration and polling places.. Whenever a school or other pub-
lic building is located in an election district and the registratioa
and polling place of such district is not located in a school or
other public building, a statement of the reason for not desig-
nating such a building must be entered by the board or officer
charged with the duty of making such designations in tht
minutes or other record inaking the designation.
4. No buildinc:, or part of a building, shall be so designated ii
any eity, if within thirty days before such designation, intoxicat-
ing liquors, ale or beer, shall have been sold in any part thereol
No room shall be designated elsewhere than in a city, if withia
thirty days before such designation, intoxicating liquors, ale or
beer, shall have been sold in such rooms, or in a room adjoining
thereto, with* a door or passageway between the two rooms.
5. In the event that the registration shall be so large that th»
polling place already designated would be unreasonably crowded
on election day, the board of elections may between the last day
of r^stration and election day cliiingo the polling place so as t*
obtain a larger room. If for any reason said board of election*
changes a polling place said change must be made at least ten daji
before the day of election and at least five days before election daj
said board must send a written notice to each restored vote^
notifying him of such change in the location of said polling place.
6. No intoxicating liquors, ale or beer shall be sold in suA
152 The Election Law
building in a city or such room or adjoining room elsewhere after
such designation and before the general election next thereafter,
or be allowed in any room in which an election is held during the
day of election or canvass of the votes. Any person or persons
violating the provisions of this section shall be deemed guilty of
a misdemeanor.
7. If any place so designated shall thereafter and before the
close of the election be destroyed, or for any reason become unfit
for use, or cannot for any reason be used for such purpose, the
oflScers charged with the designation of a place for such election
shall forthwith designate some other suitable place for holding
such election. Not more than one polling place shall be in the
same room, and not more than two polling places shall be in the
same building. [As amended hy chap. 428, Laws of 1910, and
chap. 678, Laws of 1915.]
§ 300. Equipment of polling places. The officers au-
thorized to designate such places in any town or city shall provide
for each polling place at such election, the necessary ballot and
other boxes, guard-rails, voting booths and supplies therein, and
the other furniture of such polling place, necessary for the lawful
conduct of each election thereat, shall preserve the same when not
in use, and shall deliver all such ballot and other boxes for each
polling place, with the keys thereof, to the inspectors of each elec-
tion district at least one-half hour before the opening of the poUs
at each election.
§ 300-a. Display of American flag. The American
flag shall be displayed in each polling place in this state by the
board of inspectors during the hours when such boards are in
session. The board, body or officer now charged with the duty of
defraying the expenses of conducting primaries and elections shall
furnish said flag, which shall be approximately three feet by five
feet in size. [As added by chap. 783, Laws of 1913.]
§ 301. Publication of list of registration and polling
places. The officers authorized to designate the registration and
polling places in any city, except the city of New York, shall
cause to be published in two newspapers within such city a list
of such places so designated, and the boundaries of each election
district in which such registration and polling place is located and
shall at the same time file said list with the state superintendent
of elections. Such publication shall be made in the newspapers so
selected upon each day of registration and tihe day of election,
Times, Places, Notices, Etc., of Elections 153
except that if such newspaper be an evening newspaper it shall
be made on the day prior to each of such days. One of such
newspapers ^o selected shall be one which supports the candidates
nominated that year by the political party polling the highest
number of votes in the state at the last preceding election for
governor, and the other newspaper so designated shall be one
which supports tlie candidates nominated that year by the political
party polling the next highest number of votes for governor at
said election.
The board of elections of the city of New York shall cause to
be published in two newspapers in each borough within such city
a list of the r^istration and polling places so designated in each
borough and the boundaries of each election district therein
in which such registration and polling place is located and
shall at the same time file said list with the state superiur^
tendent of elections ; except that m the borough of Brooklyn, such
publication shall be made in the newspapers designated to publish
corporation notices therein and in one daily newspaper published
in the Jewish language; and except also that in the borough of
the Bronx such publication shall be made in four newspapers
published in the borough of the Bronx ; and except also that in the
borough of Manhattan such publication shall be made in five daily
newspapers published in the borough of Manhattan which sup-
port the candidates nominated that year by the political par^
polling the highest number of votes in the state at the last pre-
ceding election for governor, and also in five daily newspapers
published in the borough of Manhattan which support the candi-
dates nominated that year by the political party polling the next
highest number of votes for governor at said election, one of which
newspapers may be a daily newspaper published in the German
language and two of which newspapers may be daily newspapers
published in the Jewish language ; which publication shall include
the list of such registration and polling places and their bound-
aries, in the respective counties in which the newspapers are pub-
lished. Such publication shall be made in such newspapers upon
each day of registration and the day of election excepting if such
newspaper be an evening newspaper it shall be made on the day
prior to each of such days or if such day be Sunday, on the pre-
ceding Saturday. Such publications shall be made in newspapers
published in such boroughs which shall respectively support the
candidates nominated that year by the political parties which at
the last preceding election for governor respectively cast the larg-
est and next largest number of votes in the state for such office.
154 TuE Election Law
The said board shall also cause to be published in the Citv
Record on or before the first day of registration in each year a
complete list of all the registration and polling places so desii::-
nated and the boundaries of the election districts intwhich such
places are located arranged in numerical order under the desig-
nation of the respective boroughs in which they are located.
In selecting the newspapers in which such publications are to
be made the said board shall keep in view the object of giving
the widest publicity thereto. [As amended by chap. 587, Laws
of 1913, chap. 238, Laws of 1914, and chap. 537, La/u^ of 1916.J
§ 302. Eleetion offleers; designation, nnmber 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
^^ereinaf ter prescribed, shall be for one year from the date of their
appointment or election, and who shall serve at every general,
special or other election held within their districts during such
term. The term of office of inspectors of election in towns shall
be for two years.
No person shall be appointed or elected an inspector of ele<y
tion, poll clerk or ballot clerk, who is not a qualified voter of the
county if within the city of New York, or of the city if in any
other city, or of the election district of the town in which he is
to serve, of good character, able to speak and read the English
language understandingly, and to write it legibly, and who does
not possess a general knowledge of the duties of the office to
which he is elected or appointed, or who is a candidate for any
office to be voted for by the voters of the district in which he is
to serve, or who has been convicted of a felony and not restored to
citizenship, or who holds any public office except that of notary
public or commissioner of deeds, town or village assessor, justice
of the peace, police justice of a village, village trustee, water com-
missioner, officer of a school district, or overseer of highways,
whether elected or appointed, or who is employed in any public
office or by any public officer whose services are paid for out of the
public money other than is excepted herein.
Each class of such officers shall be equally divided between
the two political parties which at the general election next pre-
ceding that for which such officers are to serve, cast the highest
and the next highest number of votes. Where election officers are
appointed the qualifications required of them by this section shall
be determined by an examination by or under the direction of the
Times, Places, Notices, Etc., of Elections 155
appointing board or officer. \_As amended by chap. 239, Laws of
1914.]
§ 303. Appointment of election officers in eitie4*
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 eacji
election district therein, and may fill any vacancy which may occur
before the opening of the polls on election day.
Each political party entitled to representation in any board
of election officers may, not later than the first day of July in
each year, file with such board 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 offica Additional supplement^
lists for any election district may be filed at any time before the
appointments for such districts are made and certified by such
board or mayor or when a vacancy shall exist in the original
list by reason of the disqualification, resignation, declination, or
withdrawal of the name by the person or persons submitting the
same, of any person on such list, and all appointments shall be
made from the original list if those named therein are found
qualified; if not so qualified, then from a supplemental list so
filed. If within ten days after notice in writing by the board
or mayor to the chairman of the committee or other person by
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.
§ 304. Authentication of party lists. In the city of
New York such lists shall be authenticated and filed by the chair-
man of the county committee of the party in the respective
counties within such city; in other cities, by the chairman
or secretary of the general city committee of such party, if
there be such a committee, or if not, then by the chairman or
secretary of the general county committee of such party, if
there be such a committee, or if not, then by the corresponding
officer of any committee performing the usual functions of a city
or county committee; provided, however, that if in any city more
than one such list be submitted in the name or on behalf of the
15 G The Election Law
eame political party, only that list can bo accepted which is au-
thenticated by flie proper oflScer or oflScers of the faction or section
of such party, which was recognized as regular by the last pre-
ceding state convention of such party; or, where no such
convention has been held within the year, by the proper officer of
the faction or section of said party which at the time of the
filing of said list is recognized as regular by the state conunittee
of such party which was organized by or pursuant to the direc-
tion of the last preceding state convention of such party. [As
amended by chap. 678, Laws of 1915.]
§ 305. Examination as to qualifications. All per-
sons so proposed for appointment shall be* examined as to their
pi^ssessing the qualification required by section three hundred and
two of this chapter by or under the direction of the mayor or
board, who shall give five days' notice in writing of such examina-
tion to the person to be examined, and also the chairman of the
committee or other person by whom the list is filed and authenti-
cated, and such chairman or other person may appear and be heard
at such examination, either in person or by counsel. If a person
so nominated after examination is found qualified, under section
three hundred and two of this chapter, he shall be appointed to
the position for which he was recommended. If a person so pro-
posed is found disqualified after examination, notice in writing
to that effect shall be given by the mayor or board within thr»H?
days after such disqualification is determined by such mayor or
board, to the chairman of the committee or other person by whom
the list embracing the name of the person so disqualified was au-
thenticated, and the vacancy shall be filled by the appointment of
a qualified person named in a supplemental list filed on behalf
of the same party, except that if a party entitled to representa-
tion files no list the appointment may be made without such list,
as provided in section three hundred and three, after examina-
tion. If the person recommended shall have served as an elec-
tion official at any previous election, it shall not be necessary for
him to be examined. [As amended by chap. 649, Laws of 1911.J
§ 306. Party selection in the city of New York. 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 ex-
clusive duty of selecting from the list submitted, or, in lieu of
Times, Places, Notices, Etc., of Elections 157
said list, the members of such party who are to be appointed as
election officers.
§ 307. Oath of office; oertifloate of appointment.
Every person so appointed as an election oflScer shall, within
five dayB after notice of his appointment, take and subscribe the
constitutional and statutory oath of office, which shall be ad-
ministered, if in the city of New York, by a commissioner of elec-
tions, or by any elerk or other employee of said board of elections
who shall be designated by said board in writing over the signature
of its president to administer said oath of office, and if in any other
city, by the mayor thereof or by any other person or persons desig-
nated by him for that purpose; and all of said officers, and all
clerks or persons so designated by them or him for that purpose,
shall be and are hereby authorized and empowered to administer
such oath.
Every person so sworn as an election officer shall receive a'
certificate of appointment and qualification, signed by the person
who administered the oath, in such form as may be approved by
the board or mayor by which or whom he was appointed, and
specifying the capacity and the election district in which he is
to serve and the date of the expiration of his term of office.
§ 308. Ren&ovals; vaoanoies; transfers. Any election
ofiicer so appointed may be removed for cause by the board or
mayor making the appointment, in which case such removal, unless
made while such officer is actually on duty on the day of registra-
tion, revision of registration or election, and for improper conduct
as election officer, shall only be made after notice in writing to the
oflBlcer to be removed, which notice shall set forth clearly and
distinctly the reasons for his removal. In cities of the first class,
it shall be the duty of the board or mayor making the appointment
of an election officer, to remove forthwith such officer, without pre-
ferring any charges and without notice to such officer, upon the
written request of the official of the political party who certified
the name of such election officer or his successor. All such
vacancies so created shall be filled in the same manner as the
original appointment was made. Any election officer who shall
at any time be appointed to fill a vacancy, which fact shall be
stated in his certificate of appointment; shall hold office only
during the unexpired term of his predecessor.
No election officer shall be transferred from one election district
to another after he has entered upon the performance of his duties
158 The Election Law
and no election officer shall serve in any county save that in which
he shall reside.
§ 309. Certificates of service; exemption from jury
duty; payment. The chairman of each board of inspectors of
each election district shall, within twenty-four hours of any elec-
tion, furnish to the mayor or board appointing such officers, if
required so to do by such mayor or board, under his hand, a
certificate stating the number of days of actual service of each
member of such board, the names of the persons who served as
poll clerks and ballot clerks on election day and the number of
days during which the store, building or room hired for registra-
tion and election purposes was actually used for such purposes.
Any person acting as such chairman, who shall wilfully make a
liaise certificate, shallbe guilty of a *misdeameanor.
.. All persons appointed and serving as election officer on any
of the days of registration or of election or of count of
votes in cities of the first class shall be exempt from jury duty
for one year from the date of the general election at which they
serve. Such officers shall be paid by the comptroller of the re-
spective cities within twenty days after the election at which such
officers served, upon the certificate of the board or mayor ap-
pointing them.
§ 310, Special penalties. Every person appointed as an
election officer, failing to take and subscribe the oath of office as
hereinbefore prescribed or who shall wilfully neglect or refuse
to discharge the duties which he was appointed to perform, shall,
in addition to the other penalties prescribed by law, be liable to
a fine of one hundred dollars, to be sued for and recovered by
the mayor or board making the appointment, in a court of record,
for the use and benefit of the treasury of such city. Any elec-
tion officer who, being removed for cause, shall fail upon demand
to deliver over to his successor the register of the voters, or any
tally sheets, book, paper, *mmorandum or document relating
to the registration of voters or the election in his possession, so
far as he has made it, shall be liable to a like penalty to be re-
covered in a like manner for the benefit of such city.
§ 311. Appointment of inspectors of election is
toiims. Except as provided in section two hundred and ninety-
six, inspectors of election in towns shall be appointed by tiie
• So in original.
Times, Places, Notices, Etc., of Elections 159
town board in each year in which a town meeting is held for the
election of town officers, and within thirty days thereafter. Such
appointments shall be made from lists to be prepared, certified
and filed in the manner hereinafter provided, by the two political
parties entitled to representation on a board of election officers.
The town caucus or primary held by each such political party for
the purpose of nominating town officers shall prepare a list
containing the names of at least two persons, qualified to serve as
inspectors of election, for each election district in said town,
which lists shall be certified by the presiding officer and a secre-
tary of said caucus or primary, and filed with the town clerk in
the same manner and at the same time as the party certificate of
nomination filed by said party. From each of the two lists so
filed, the town board shall appoint two persons who possess the
qualifications prescribed by law for election officers. If in any
town more than one such list be submitted on behalf or in thft.
name of the same political party, only that list can be accepted
which is certified by the proper officer or officers of the faction o^
such party which was recognized as regular by the last preceding
state convention of such party ; or if no such convention was held
during the year, by the proper officer or officers of the faction
of such party, which at the time of the filing of such list is
recognized as regular by the state committee of such party.
Such appointment shall be made in writing and filed with the
town clerk, who shall forthwith notify each person so appointed
of his appointment to said office, in the manner in which he is
now by law required to give notice to a person of his election
to a town office when his name does not appear upon the poll
list at the town meeting at which he was elected to said office.
From the additional names, if any, contained on the lists so filed,
of persons qualified to serve as such, the town board shall appoint
inspectors of election in case of the resignation, declination or
other incapacity of persons appointed to such office. If such
lists contain no additional names of such persons, the town board
shall fill vacancies caused by such resignation, declination or
other incapacity by appointing persons known, or proved to the
satisfaction of a majority of the members of said board to be
members of the same political party in which such vacancy oc-
curred. All appointments to fill vacancies shall be made in writ-
ing and filed with the town clerk, and notices thereof given by
hira as hereinbefore provided in the case of an original appoint-
m?nt.
I 160 The Election Law
I
§ 312. Appointment of poll clerks and ballot
elerks in tovsruE* At the first meeting in each year of the
board of inspectors in every district in a town, one poll clerk and
one ballot clerk shall be appointed by the two inspectors of election
representing one of the political parties entitled to representation
on such board, and one poll clerk and one ballot clerk shall be
appointed by the two inspectors representing the other political
party. Such appointments shall be in writing, signed by the in-
spectors making the appointments respectively, and shall be filed
by them with the town clerk of the town in which such election
district is situated, and a copy thereof with the post-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 hereinafter provided. The persons so appointed as poll
clerks and ballot clerks shall be voters in the district in which tiiev
are appointed to serve, and shall possess the qualifications required
of such officers by section three hundred and two of this article.
If at the time of any election at which poll clerks and ballot
clerks are required to be present at the polling place in any
election district, the office of a poll clerk or of a ballot clerk of such
district shall be vacant, or a poll clerk or a ballot clerk shall be ab-
sent, the inspectors of election in such district shall forthwith ap-
point a person to fill such vacancy. Such person so appointed
shall, before he acts as such poll clerk or ballot derk, take the
constitutional and statutory oaths of office.
§ 313. Supplying vacancies and absenoes. If at the
time of any meeting of the inspectors there shall be a vacancy or
if any inspectors shall be absent from such meeting, the inspector
present who shall be a member of the same political party as the
absent inspector shall appoint a qualified voter of the district,
who shall also be a member of the same political party as the ab-
sent inspector, to act in the place of such absent inspector for the
whole of that day. And the person so appointed shall be paid the
amount which the absent inspector, if he had been present, would
have been entitled to be paid for his services upon that day, and the
absent inspector shall not be paid for any services for tiiat 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 derk.
Times, Places, Notices, Etc., of Elections 161
who is a member of the same political party as the absent inspect-
ors, shall appoint two qualified voters of the district^ who shall
be members of the same political party as the absent inspectors^
to act in the place of such absent inspectors for the whole of
that day ; and the persons so appointed shall be paid the amounts
which the absent inspectors, if they had been present, would have
been entitled to be paid for their services upon that day, and the
absent inspectors shall not be paid for any services for that day.
If two inspectors, who are members of the same political party,
shall be absent on any of the days of registration, the ini^ector or
inspectors present shall appoint qualified voters of the district,
who shall be members of die same political party as the absent
inspectors, to act until such absent inspectors, or their successors
duly appointed as hereinbefore provided, shall appear and such
persons, so serving temporarily, diall serve without pay.
If, at any such time, the offices of all inspectors are vacant, or
no inspector shall appear within one hour after the time fixed by
law for the opening of such meeting, the qualified voters of the
district present, not less than ten, may designate four qualified
voters of the district belonging to the political parties as speci-
fied in section three hundred and two, to fill such vacancies, or
to act in the place of such inspectors respectively, until the ab-
sent inspectors respectively appear.
If at any time fliere shall be a vacancy in the office of any poll
clerk or ballot clerk, or if any poll clerk or ballot clerk shall be
absent from such meeting, the inspector or inspectors present, who
shall be a member or members of the same political party as the
absent poll clerk or ballot clerk, shall appoint a qualified elector
of the district, who shall also be a member of the same political
party as the absent poll clerk or ballot clerk to fill such vacancy.
Every person so appointed or designated to act as an inspector,
poll clerk or ballot clerk shall take the constitutional and statutory
oath as prescribed by this chapter.
§ 314. Organization of boards of inspectors. Before
otherwise entering upon their duties the inspectors of each district
shall then immediately appoint one of their number chairman ; or,
if a majority shall not agree upon such appointment, they shall
draw lots for that position.
In all proceedings of the inspectors acting as r^strars, in-
spectors or canvassers, they shall act as a board, and, in case of a
6
162 Thb Elsction Law
question arising as to matters which may call for a detemnna-
tion by them, a majority of sncli board shall decide.
§ 31 5, PreserratioB of order by laspeetonr. All
meetings of the board of inspectors shall be public Such board
and each individual member thereof shall have fall anthoritv
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 ol)edience to their lawful commands. The said
board may appoint one or more voters to communicate their
orders and directions, and to assist in the performance of their
\lntie5 in this section enjoined. If any person shall refuse to
obey the lawful commands of the inspectors, or by disorderly
conduct in their presence or hearing shall interrupt or disturb
their proceedings, they shall make an order directing the sheriff
or any constable of the county, or any peace or police officer to take
tlie person so offending into custody and retain him until the
reijistralion of voters or the canvass of the votes shall be com-
plctcd, but such order shall not prohibit the person taken into
custody from voting. Such order shall be executed by any shoriff,
constable, peace or police officer, to whom the same shall be deliv-
ered, but if none shall be present, then by any other person
deputed by such board in writing. The said board or any mem-
ber thereof may order tho arrest of any person other than an
election officer violating or attempting to violate any of the pro-
visions of this chapter.
§ 316. Ballot boxes* Separate ballot boxes appropriately
and conspicuously marked must be provided as occasion shall
jjequire, to receive,
'li Ballots for presidential electors.
2. Ballots for general officers.
3. E allots upon constitutional amendments and questions s;nl>-
mitted.
4. Ballots upon town propositions and upon town appropria-
tions.
5. Ballots defective in printing or spoiled and mutilated.
6. Stubs detached from ballots.
Times, Places, Notices, Etc., of Elections 163
Each box shall be supplied with a suiBcient lock and key and
with an opening in the top large enough to allow a single folded
ballot to be easily passed through the opening, but no larger. It
shall be large enough to reo^ve all the ballots which may be law-
fully deposited therein at any election, and it shall be well and
strongly made and be free from checks and blemishes.
Each and every inspector of electi<ms shall be personally re-
sponsible for the custody of each box and its contents from the
timo the election begins until the box is delivered, according to
law, to the person, entitled to receive it. Upon making any such
delivery each inspector of elections shall be entitled to a receipt
for each box delivered. lAs amended by chap. 649, Lawfi -of
1911, chap. 821, LaTos of 1913, and chap. 703, Laws of 1917J .,
§ 317. Votins bootlui and ^ruard-rails. Theire shaU
be in each polling place during each election a sufficient number
of voting booths, not less than one for every seventy-five registered
voters in the district Each such booth shall be at least three feet
square, shall have four sides inclosed, each at least six feet high,
and the one in front shall open and shut as a door swinging out-
ward, and shall extend within two feet of the floor. Each sudx
m
booth shall contain a ^elf which shall be at least one foot wide,
extending across one side of the booth at a convenient height for
writing, and shall be furnished with such supplies and conven-
iences including pencils having black lead only, as will enable tiie
voters to conveniently prepare their ballots for voting. Each
booth shall be kept clearly lighted while the polls are open, by
artificial lights if necessary.
A guard-rail shall be placed at each polling place at least six
feet from the ballot boxes and the booths, and no ballot box or
booth shall be placed within six feet of such ralL Each guard-rail
shall be provided with a place for entrance and exit Tha arrange-
ment of the polling place shall be such that the booths can only
be reached by passing within the guard-rail, and that the booths,
ballot boxes, election officers and every part of the polling place
except the in^de of the booths shall be in plain view of the
election officers and &e persons just outside the guard-raiL Such
booths shall be so arranged that there shall be no access to intend*
ing votars or to the booths through any door, window or openingi
except by the door in front of said booth.
164 The Election Law
§ 318. Apportionment of election expenses. The
expense of providing polling places, voting booths, supplies there-
for, guard-rails and other furniture of the polling place, and
distance markers, and the compensation of the election officers
in each election district, shall be a charge upon the town or city
in which such election district is situated, except that such ex-
penses incurred for the purpose of conducting a village election
not held at the same time as a general election shall be a charge
upon the village.
The expense of printing and delivering the official ballots, sam-
ple ballots and cards of instruction, poll books, tally sheets, return
n^eets for inspectors and ballot clerks, and distance markers to be
<ospd' at a town meeting or city or village election not held at
HheisaEme time as a general election, and of printing the lists of
'>nbnrinations therefor shall be a charge upon the town, city or
village in which the meeting or election is held. The expense of
printing and delivering the official ballots, sample ballots and 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
or city or village election be held at the same time therewith, and
of printing the lists of nominations therefor, shall be a charge
upon such county. The expense of printing and delivering the
official ballots, sample ballots and cards of instruction, poll books,
tally sheets, return sheets for inspectors and ballot clerks, and
distance markers, to be used in any such county at any other elec-
tion, and of printing the lists of nominations therefor, if the town
meeting or ciiy or village election be held in such county at
the same time therewith, shall be apportioned by the county clerk
^between such town, city or village and such county, in the proper^
4aan a£ the number of candidates for town, city or village officers
on such ballots, respectively, to the whole number of candidates
thereon, and the amount of such expense so apportioned to each
such municipality shall be a charge thereon.
Whenever voting machines are used in an election by any city,
town or village, only such expenses as are caused by the use of such
machines, and such as are necessary for the proper conduct of the
elections as required by this chapter shall be chai^d to such city,
tovm or village.
Times, Places, Notices, Etc., of Elections 165
All expenses relating to or connected with elections lawfully
incurred by the board of elections of the city of New York shall
be a charge on such city, and after being audited by the proper
officer, shall be paid by the comptroller of said city upon the cer-
tificate of such board.
§ 319. Fees of eleetion oflioers and others, l. 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 super-
visors of the county, or the board acting as such board of super-
visors. The town clerk of each town shall be paid by such* town
a reasonable compensation for his services in carrying out the. pro-
visions of this chapter, to be fixed by the other members of
the town board of the town. Ballot clerks shall receive^^'the
same compensation for their attendance at an election as in*
spectors of election for the election and be paid in like man-
ner. Poll clerks shall receive the same compensation for their
attendance at an election and canvass of the votes as inspectors
of election and be paid in like manner. An inspector of
election lawfully required to file papers in the county clerk's
office shall, unless he resides in the county if within the city
of New York, or in any other city or town in which such office
is situated, be entitled to receive as 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.
2. In cities of the first class having a population of two million
or more inhabitants the persons appointed and serving as inspect-
ors of election shall receive four dollars for the hours fixed by
law for each day of registration from Monday to Fridfityjt in-
clusive, and ten dollars for such hours on the last darfi at re^-
tration and on the day of revision of registration for a special
election, and seven dollars for the hours fixed by law for the
election, and five dollars for the count and return of the votes.
The poll clerks in such city shall each receive the same com-
pensation as inspectors for the election and for the count of the
votes, and the ballot clerks shall receive eight dollars each-. Such
officers shall be paid by the comptrollers of the respective cities
upon the certificate of the board or officer appointing them.
166 The Elkctiok Law
8. 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 dection 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. [As amended by chap. 678, Laws of 1915.]
§ 320. Delivery of eleetioii laws to elerks, boardi
bmA election oJBeers. The secretary of stale shall at least
sixty days before each general election cause to be prepared a
compilation of the election law with explanatory notes and in-
rtructionSy properly indexed, and procure the same to be printed
by the legislative printer, and transmit to the board of elections
of each county, and to the board of elections of the city of New
York, located in the borough of Manhattan, and to the branch
office of the board of elections in each of the other boroughs of
the city of New York, a sufficient number of copies thereof to
furnish one such copy to each member of each such board and to
each of said branch offices of the board of elections of the city of
New York and one to each county, town, village and city clerk
and to each election officer in any such county and said boroughs,
together with such number of extra copies as may in his judg-
ment be necessary to replace copies lost or mutilated before
delivery thereof to election officers.
The board of elections of each county, except those counties
the whole of which is included within the city of New York, shall
forthwith transmit one of such copies to each of such officers in
such county, and the board of elections of the city of New York
shall cause to be delivered one of such copies to each of such
officers in the city of New York. Each copy so received by each
such officer shall belong to the office of the person receiving it
EyBry incumbent of the office shall preserve such copy during
£is term of office and upon the expiration of his term or removal
from office deliver it to his successor. The secretary of state
shall also transmit to the state superintendent of elections a suffi-
cient number of such copies to furnish one of such copies to the
superintendent and to each deputy. lAmended by chwp. 537,
Laws of 1916.]
Baixots ast> Statioiobt 167
^ARTXCI.E 9
Ballots and Stationery
Section 830. Official ballots for elections.
331. Classification of ballots; form of ballots for
candidates.
332. Form of ballot for questions submitted.
333. Sample ballots, instruction cards and stationery.
*333-a. Additional sample ballots in the year nineteen
hundred and fourteen; distribution of waA
ballots. J
334. Blank forms for election officers.
335. Form of ballot clerk^s return. ""
336. ^Description of tally sheets.
337. Forms of return and tally of votes cast for presi-
dential electors.
838. Forms of return and tallv of votes for officers other
than presidential electors.
339. Forms of return and tally of votes upon questions
submitted*
340. Number of official ballots.
841. Officers providing ballots and stationery.
342. Public inspection of ballots.
843. Distribution of ballots and stationery.
844. Errors and omissions in ballots.
345. Unofficial ballots.
§ 330. Official ballots for elections. Official bal-
lots ahall be provided at public expense at each polling placQ ^09
every election at T?hich public officers are to be elected directly byi
tlie 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
antside of cities and incorporated villages, at which excepted
* As reBuinbcred by chap. 800, Laws of 1913.
2 Repealed by chap. 5o7, Laws of I9]6.
a Section repealed by chap. 821, Laws of XS13.
168 The Election Law
elections any form of ballot which may be adopted and used
by the meeting at which such election shall be had shall be legal.
§ 331. ClaMiflcation of ballots; form of ballots for
candidates. 1. General provisions. There shall be five kinds
of ballotSy called respectively ballots for presidential electors,
ballots for general officers, ballots upon constitutional amendments
and questions submitted, ballots upon town propositions, and
ballots upon town appropriations, which shall be used for the pur-
poses whidi their names severally indicate and not otherwise.
Ballots for general officers shall contain the names of all candi-
dates except presidential electors. All ballots shall be printed in
black ink, on book paper of good quality free from ground wood,
five hundred sheets of which twenty-five by thirty-eight inches in
size shall weigh sixty pounds and shall test for that size and weight
at least twenty points on a Morrison tester. They shall be rec-
tangular in shape, not less than eight inches in width and twelve
inches in length, and shall have a margin extending beyond any
printing thereon.
All ballots of the same kind for the same polling place ^all be
of precisely the same size, quality and shade of paper, and of
precisely the same kind and arrangement of type and tint of ink.
A different, but in each case uniform, kind of type shall be used
for printing the names of candidates, the titles of offices, political
designations, and the reading form of oonstitutional amendments
and other questions and propositions submitted. The names of
candidates shall be printed in capital letters in black-faced type
not less than one-eighth nor more than three^sixteenths of an inch
in height.
S^xdi 4)allot shall be printed on the same sheet with a stub and
shall be sidparated therefrom by a horizontal line of perforations
extending across the entire width of the ballot On the face of
the stub shall be printed the instructions to voters hereinafter pro-
vided. On the back of the stub, immediately above the center
of the indorsement on the back of the ballot hereinafter referred
to, shall be printed " No. ," the blank to be filled with the
consecutive number of the ballot, beginning with " No. 1," and
increasing in r^ular numerical order.
Ballots and Stationeby 169
On the back of the ballot, below the line of perforatioxu^ just
to the right of the center, and outside when the ballot is folded,
shall be printed the following indorsement, the blanks being prop-
erly filled and the numbers running from one upward, con-
secutively:
Official Ballot (for Presidential Electors).
County of
Assembly District (ward or town).
Election District.
(Date of Election). r
(Facsimile of the signature of officer causing the ballot
to be printed). ^ t
Each ballot shall be printed in sections, on which the feaiidi-
dates' names, emblems and political designations, or the constitu-
tional amendment, or other question submitted, with the voting
squares, and other requisite matter shall be boxed in by heavy
black lines in the manner indicated in the illustration of the
ballot hereinafter provided. The voting squares and the spaces
occupied by emblems shall have a depth and width of five six-
teenths of an inch.
In case the sections shall be so numerous as to make the ballot
unwieldy if they are printed in one column, they may be printed
in as many columns as shall be necessary, and in that case, in
order to produce an exactly rectangular ballot, blank sections may
be used.
On each ballot shall be voting squares in which voters may
make their voting marks. All voting squares shall be bounded
by heavy black lines, the perpendicular lines to be not less than
one-sixteenth of an inch wide. In all ballots there shall be<lt)pftr-
pendicular column of these squares, and in the ballot foit geki6i:)a)e
oflicers, in the case of a candidate for governor or member of^
assembly nominated by two or more political organizations, the
additional squares arranged horizontally as provided in subdivi-
sion three of this section. No voting squares shall be provided
in the blank spaces for written names.
The ballots bearing the same number at the same election shall
constitute a set of ballots.
Each political organization whose party name contains more
170 The Election Law
tium elev^en letters shall select an abbreviated fonn thereof ooxi-
t#iTiing not more than eleven letters which shall be uaed npcHi tfae
ballot whenever the necessities of space diall so reqniret. The
abbreviated form shall be certified at the same time and in the
same manner as party names are required to be certified. In
printing the names of candidates whose full names ccmtain sixteen
letters or more not more than one name other than the surname
shall be printed in full, and each candidate may indicate in
writing to the officer or officers charged with the duty of pre-
paring the ballots the form in which, subject to this restriction, his
name shall be printed. No emblem shall occupy a space longer in
any direction than the voting square to which it relates.
• In conformity with the foregoing provisions and with the pro-
visions of subdivision three of this section the face of the ballot
for general officers shall be substantially in the following. form:
2. Ballots for presidential electors. The names of the presi-
dential electors of each party shall be printed in one column
indicating:
First The electors at large, whose names shall be arranged in
the alphabetical order of the surnames; and
Second. The electors of each district, whose names shall be
ranged in the numerical order of their district.
The columns shall be parallel to each other and shall be
rated by heavy black lines. In addition to the party colmnns a
blank column with lines for writing shall also be provided in
which voters may write the names of candidates for presidential
electors not on the ballot and which shall be sufficient to ccmtain
as many names as there are electors to be chosen. It shall be desig-
nated as the blank column and shall contain no voting spaces. At
the head of each party column shall be printed the party emblem ;
below this a blank circle three-quarters of an inch in diameter;
below this the party name in large type; below this the names of
the candidates for president and vice-president; and below this a
heavy line dividing the heading from the names of the presiden-
tial elecstoTB. Above the name of the first elector shall be printed
the words " presidential electors.'^ The names of the presidential
electors shall be printed in spaces one-quarter of an inch in
depth, except that the first space containinj^ also the words " presi-
dential electors ^ shall be half an inch in depth. The spaces shall
Ballots and Stationeby 171
be divided from each other by light horizontal lines. At the left
of the name of each elector shall be printed a voting space one-
quarter of an inch square, except the space opposite the first name,
which shall be half an inch in depth.
Eajch party circle shall be surrounded by the following instruo-
tions, plainly printed : " For a straight ticket, mark within this
circle."
The columns for the presidential electors of independent bodies
shall be similar to the party columns except that above the ^nblem
in each column shall be printed the words ^^ independent nomina*
tions " in large type like that used for the party names.
In the blank column the space occupied by the emblem and
voting circle in the party column shall be occupied by the f oj^t>w-
ing instructions, plainly printed: "In the column belcww, ithe
voter may write the name of any person for whom he desires to
vote whose name is not printed on the ballot." Below the line
dividing the heading from the blank spaces shall be printed, as in
the other columns, the words " presidential electors."
The columns shall be arranged upon the ballot as directed by
the secretary of state, precedence, however, being given to the
several parties according to the number of votes for governor
poUed at the last preceding gubernatorial election.
On the stub at the top of the ballot shall be printed in heavy
black type the following instructions:
" 1. To vote for all the electors of one party make a cross X
mark within the circle abo^e the party column.
2. To vote for some, but not all, of the electors of one party
make a cross X mark in the square at the left of the name of every
candidate printed on the ballot for whom you desire to vote.
3. To vote for any candidate not on the ballot write his name
in the blank space provided therefor. u •! •
4. Mark only with a pencil having black lead.
5. Any other mark or any erasure or tear on the ballot renders
it void.
6. If you tear, or deface, or wrongly mark this ballot, return
it and obtain another."
3. Ballots for general officers. The names of all candidates
for any one office shall be printed in a separate section, and the
sections shall be in the customary order of the offices and shall
be numbered from one upward by a numeral printed in the upper
172 The Election Law
right hand corner of the section. The names of candidates shall
he printed in their appropriate section in such order as the hoard
of elections may direct, precedence, however, heing given, except
as herein otherwise provided, to the candidate of the party which
polled the highest number of votes for governor at the last pre-
ceding election for such officer, and so on* At the top of each
section in the center shall be printed on one line the title of the
office. On the same line, to the left of such title and immediately
above the emblems and voting squares, there shall be printed a
direction as to the number of candidates for whom a vote may be
cast, which direction shall be punctuated by an exclamation point.
If two or more candidates are nominated for the same office for
diff«?wt terms, the term for which each is nominated shall be
printed as a part of the title of the office. At the bottom of each
section as many separate spaces as there are candidates to be
elected shall be left blank in which the voter may write the names
of any candidates not on the ballot. Except as herein otherwise
provided with respect to a candidate for the office of governor or
of member of assembly who is nominated by more than one
political organization, there shall be printed on each line below
the top, in the following order, from left to right, the party
emblem, the voting square, the candidate's name and the name of
the party by which he is nominated. The width of the enclosure
containing the name of the candidate and of such party shall not
exceed three and one-half inches. In any case where a candidate
for public office is nominated by more than one political organiza-
tion, the party names and emblems shall appear in the order of
priority based on the relative number of votes cast for governor
by each organization at the preceding election of a governor. In
any such case, the emblems shall be arranged horizontally before
iM lifting square, beginning next to the square immediately pre-
ceding the name of the candidate with the emblem of the party
casting the highest number of such votes. When any candidate
for the office of governor or member of assembly is nominated by
more than one political organization, there shall be one voting
square, in the same horizontal row as the emblems, to the right
of each emblem before the name of a candidate so nominated for
such office. The final letter of the party name or names shall be
close to the right hand perpendicular line of the box, and any
Ballots and Statio;n^ery 173
space between the candidate's name and hi^ party name or names
shall be filled with dotted or waved lines.
On the stub at the top of the ballot shall be printed the follow-
ing directions to the voter:
1. To vote for a candidate on this ballot make a single cross X
mark in one of the squares to the right of an emblem opposite his
name.
2. To vote for a candidate not on this ballot write his name on
a blank line under the candidates for that office.
3. Mark only with a pencil having black lead.
4. Any other mark, erasure or tear on this ballot renders it'>
void. ^
5. If you tear, or deface, or wrongly mark this ballot, rettitii ii>
and obtain another. ^i* I
In direction numl)er one the words " right " and " emblem "-
shall be underlined. [As amended by chap. 821, Laws of 1913,
chap. 244, Laws of 1914, and chap. 537, Laivs of 1916.]
§ 332. Form of ballot for questions submitted. The
reading form of each proposed constitutional amendment or other
question submitted as provided in section two hundred and ninety-
five of this chapter shall be printed in a separate section. At the
left of each question shall appear two voting squares, one above
the other, each at least one-half inch square. At the left of the
upper square shall be printed the word " Yes," and at the left of
the lower square shall be printed the word " Xo." On the stub
at the top of the ballot shall be printed the following directions
to the voter :
1. To vote " Yes " on any question make a cross X mark in
the square opposite the word " Yes." ,
2. To vote " No," make a cross X mark in the square opp^qs^j
the word "No." ""' ^
3. Mark only with a pencil having black lead.
4. Any other mark, erasure or tear on the ballot renders it void.
5. If you tear, or deface, or wrongly mark this ballot, return it
and obtain another.
The questions shall be numbered consecutively on the face of
the ballot, and on the back of each voting section shall be printed
the number of the question which it contains.
So far as possible the ballots upon town propositions shall con-
174 The Election Law
forxa to the direetions herein contained respecting^ the ballot on
constitutional amendments and questions submitted.
All ballots for the submission of town propositions for raising
or appropriating money for town purpose^, 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 sul«nission of other proposi-
tions or questions to the electors of such town to be voted at the
same town meeting or election. Such ballots shall be indorsed
" ballot upon town appropriations.*' ^As amended hy diap. 821,
Laws of 1913.]
r •
.§::933« Saxnple ballots, instruction cards and sta-
tionery». Sample ballots of each kind equal in number to
t^i per centum of the number of official ballots provided there-
for, shall also be provided for every polling place for which
official ballots are required to be provided. Such sample ballots
shall be printed on paper of a different color from any of the
official ballots and without numbers on the stubs, but shall, in all
other respects, be precisely similar to the official ballots to be voted
at that polling place. One of each kind of such sample ballots
shall, at any time on the day of election, be furnished upon appli-
cation to any voter entitled to vote at that polling place, and may
be taken by him away from such polling place before receiving his
official ballot or ballots.
Two instruction cards, printed in English, and two 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, in red ink,
brief but clear instructions to voters as to the maimer of vot-
ing, and, in smaller type, a copy of such sections of the penal
ISiW iielating to crimes against the elective franchise as the board
of. elections shall select Two sets of the sample ballots shall also
be mounted on cards and displayed conspicuously at each pollin?
placa The sample ballots so mounted shall not be defaced acd
shall be kept free from marks of any kind. There shall also be
provided two poll books, a suitable number of markers, designateil
as " distance markers,'' to indicate the distance of one hundred
feet from the polling place, a sufficient supply of all blanks and
forms which are needed by the election officers, heavy manila
Baixots akd Statiokeby 175
envdiopea for petums and excess ballots, labels, sealing wax, pen-
cils having black lead only, pens, penholders, blotting paper and
red and black ink. All such articles herein enumerated are hereby
designated as "stationery." [As amended by chap. 821, Laws of
1913, and chap. 703, Laws of 1917.]
§ 334. Blank forms for election officers. 1. General
provisions. At each election at which oflScial ballots shall be used
the officers charged with the duty of furnishing official ballots shall
furnish to the board of inspectors of each election district printed
blanks upon which the election officers shall make written returnd
showing the performance of their duties as such officers. 1?h6se
blanks shall include blanks for a return by the ballot clerks, •ffelly*
sheets for tallying the votes as canvassed, and blanks for a retirm'
by the inspectors of the votes as tallied. There shall be furnished
for each election district three copies of each of the return sheet
blanks and two copies of each of the tally sheet blanks required at
that election district and no more. Each blank shall have at the
top in large letters a descriptive title according to the nature of
the blank. It shall also contain immediately under the title a head-
ing, showing the kind of election, whether special or general, the
date, the name of the county, and the number of the assembly dis-
trict and of the election district in which it is to be used. The
other printed matter to appear on the several blanks shall be as
hereinafter provided.
2. Forms of returns and tally sheets. The return blanks and
tally sheet blanks shall be as nearly as possible in the forms here-
inafter provided, and all returns and tally sheets must be kept
and filled out according to the forms so provided and in accordance
with the instructions contained therein. - - »
In printing the forms, the matter in brackets, [ ' ] fteittg^
instructions to the printers, is to be omitted. The printer shall
also omit the names and figures which are inserted in the forms
for the purpose of illustration.
A separate tally sheet shall be provided for each office or con-
stitutional amendment or question submitted for which votes are
to be canvassed.
3. Penalty for refusal to fill out returns and tally sheets. Any
election officer who shall willfully neglect or refuse to fill out
1Y6 The Election Law
any return or tally sheet according to the directions of this chap-
ter ehall be guilty of a misdemeanor. \_As amended by chap. 821|
Laws of 1013.]
§ 335. Form of ballot clerk's return. The ballot clerk's
return shall be in the following form:
Baixots astd Stationebt
177
General Election.
November
BALLOT CLERK'S RETURN.
County of
19
Assembly District.
. . Election District.
Total number of Official Ballots for TGeneral Officers! received
800
315
Number cancelled before delivery to voters
2
25
288
Number spoiled and returned by voters
Number remaining unused
Number remaining to be accounted for in the ballot box
485
Number of detached stubs ,
Number of stubs on unused ballots ,
Total
N. B. This total must exactly equal the number of ballots received.
[Repeat the foregoing form for a return of each additional kind of ballot. ]
STATE OF NEW YORK, ^
COUNTY OF J
88:
The undersigned, being duly sworn, do depose and say, each for himself, that
they have actually counted the cancelled ballots, and the ballots spoiled and returned
by voters, and the detached stubs, and that the foregoing is a correct return of the
ballots delivered to us for the election held on the day of November,
19 , at the Election District in the
Assembly District in the County of , and of the disposition
thereof at such election.
Sworn to before me, this
day of November, 19
Inspector of Elections.
Ballot Clerk.
Ballot Clerk.
lAs amended by chap. 821, Laws of 1918.]
178 The Election Law
§ 337. Fomui of retnm and tally of votes cast for
presidential electors.
1. EeturiL The official return of votes cast for presidential i
electors shall be in the following form: i
I
Baixots Aim Statiowebt
179
WnaAL REfTUtM tf Tttes cast for PRESIDENTIAL ELECTORS.
General Election.
November 19
County of.
Assembly District.
. . Election District.
Number of ballots voted was:
Straight Ballots:
For [Republican] candidates
Kor [Democratic] candidates
[Print the names of the partiee in the order
in which they appear on the ballot.]
Split Ballots
Ballots wholly blank (no vote being cast thereon for any candidate)
Void Ballots (no vote being counted thereon for any candidate)
Total
N. B. This total must exbctly equal the number of ballots voted.
The candidates named below received the number of votes set opposite their
respective names:
NAMB
[Republican]
Electors
NUMBER
or
VOTBB
N17MBXB
NAME
or
VOTES
[Democratic]
Electors
•
NAME
Candidates not
on the ballot
(Write in Names)
NUMBEB
OF
VOTES
IPrint the groups, and also the names in the groups, in the order in which
they appear on the Ballot!]
The number of blank, void and protested ballots was:
The number of ballots taken from the ballot box by the chairman as excess ballots
and placed with the spoiled and mutilated ballots, was:
STATE OF NEW YORK, \
COUNTY OF ) ""
The undersigned, being duly sworn, do depose and say, each for himself, that the foregoing
is a correct return of the ballots cast for presidential electors at the election held on the
day of November, 19 . at the Election District in the
Assembly District in the County of
Sworn to before me this Inspector.
d*y of November, 19 . Inspector.
Inspector.
Inspector.
. . Poll Clorh.
Bioicrt'citfks'. Poll Clerk.
N. B. To two out of the three returns tally sheets must be annexed .
180 The Election Law
2. Tally. The official tally of votes cast for presidential elect-
ors shall be in the following form: {As amended by chap. S2%
Laws of 1918.]
Ballots and Stationkby 181
.§ 338. Fomui of return and tally of votes for
ottoers other than presidential electors.
1. Return. The official return of votes for officers other than
presidential electors shall be substantially in the following form
with appropriate changes to indicate the vote for governor of each
separate party or independent body by whom a candidate therefor
was nominated:
OFFIQAL RETURN of Votes cast for [General officers].
General Election. County of
Assembly District.
November 19 . Election District.
Return of votes cast for office of [Governor].
Total Number of Ballots Voted:
Number to be elected to said office:
Total number of Votes to be canvassed:
For the office of the candidates named below received the
number of votes set opposite their respective names.
[Print here the names of the eandidatee aa they appear on the ballot, with six
lines in addition for names to be written in ana if a candidate for governor
was nominated by more Uian one political organiiation, repeat the candi-
date's name as many times as he was nominated, inserting the vote of each
party or independent body separately.]
Blank Votes
Void Votes
Total
[Repeat the foregoing return for each office.]
The number of blank, void and protested ballots was:
The number of ballots which were taken from the ballot box by the chairman as excess
ballots and placed with the spoiled and mutilated ballots, was:
STATE OF NEW YORK,
\ M.;
COUNTY OF
The undersigned, bdng duly sworn, do depose and say, each for himself, that the f (wegotng is
a correct return of the ballots oast for the above offices at the election held on the
day of 10 , at the Election District
in the Assembly District in the County of
Sworn to before me, this Inspector.
day of November, 19 . Inspector.
Inspector.
Inspector.
PoU Clerk.
Ballot Clerk . Poll aerlc
N. B. To two out of the three returns tally sheets must be aanesed.
182 The Election Law
' 2. Tally. The official tallies of votes cast for officers other than
presidential elect(MrB shall be in the following form with appro-
priate changes to indicate, where a candidate for governor was
nominated by noore than one political organization, the separate
vote cast by each party or independent body for such candidata
[As amended by chap. 821, Laws of 1913.]
§ 339. Forms of return and tally of votes npon
questions snbmitted.
1. Eeturn. The return sheet of votes upon constitutional
amendments or other questions submitted, including town proposi-
tions and town appropriations, shall be in all respects like the
form provided by this section for the return of votes for officers
except in the following particulars:
(a) At the top of the sheet shall be printed the words " Official
return of votes cast on (constitutional amendments, questions sub-
mitted, town propositions, or town appropriations, as the case may
be)."
(b) Below the heading, in place of the words, " Return of
votes cast for office of ," shall be printed the words,
" Return of votes cast on question number (one) relating to (here
give brief description).^
(c) The words " Number to be elected to said office," and
" Total number of votes to be canvassed," shall be omitted.
(d) In place of the words " For the office of the candi-
dates named below received the number of votes set opposite their
respective names," shall be printed the words, " Upon question
number (one) relating to (here give same description as above
directed) votes were cast as follows:
Votes in favor
Votes against
(e) The verification shall be so modified as to state that the
return is of ballots cast on constitutional amendments and ques-
tions submitted.
2. Tally. The tally sheet for constitutional amendments or
other questions submitted shall be in all respects like the form
provided by this section for the tally of votes for officers eMcefi
in the following particulars :
(a) At the top of the sheet shall be printed the words: "Offi-
cial tally of votes cast on question number one " (or other brief
designation).
(b) The matter at the top of the tally sheets ezcq)t the title, the
Ballots and Stationeey 188
blanks to be £Ued in for the purpose of specifying the dat« and
piaec of election, and the words, ^' Total number of votes to be
canvassed/' shall be omitted.
(c) In place of the candidates' names in the left hand column
shall be printed the words " For (or against, as the case may be)
question No, (or other brief designation)."
(d) The lines of tally squares left on the form herewith printed
for names of candidates not on the ballot shall be omitted.
(e) The fourth instruction for taUying shall read as follows:
" 4. Tally once for each vote, whether counted for or against the
question, or blank, or void."
We certify that the foregoing statement is correct.
Dated tbis day of ^November,
Board of Inspectors.
[J.S amended hy chap. 821, Laws of 1913.]
§ 340. ITumber of oAcial ballots. The number of
official ballots of each kind to be provided for each polling place
for each election to be held thereat, except a village election held
at a different time from a general election, shall be one and
one-fourth times as many ballots as near as may be as there
were names of voters on the register of voters of such district for
such election at the close of the final regular meeting for such
registration. In cities of the first class the officer or board charged
with flie duty of furnishing official ballots shall furnish one and
one-fourth times as many official ballots of each kind to be pro-
vided for such election as there are voters entitled to vote thereat,
as nearly as can be estimated by such officer or board. 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
bo one and one-fourth times the number of persons who will be
^ititled to vote thereat, as nearly as can be estimated by the officer
<^arged witii the duty of providing stich ballots. [As amended by
chap. 820, Lavm of 1918.]
9 a4i« OAoors proridinfc ballots audi statiomeiT.
The county clerk, in each of the counties of Oneida and Broom^
186 Thu Elsotton Law
of the election district for which they were prepared. The inatnic-
tion cards and other stationery proyided for each election district
shall also he inclosed in a sealed package or packages, wilh a
label on the outside thereof showing the contents of each such
package. Each such town and city clerk receiving such packages
shall caus^ all such packages so received and marked for any
election district to he delivered unopened and with the eeals ^re*
of unbroken to the inspectors of election of such election district
one-half hour before the opening of the polls of such election
therein. The inspectors of election receiving such packages shall
give to such town or city clerk, or board, delivering such packages
a receipt therefor specifying the number and kind of packages
received by them, which receipt shall be filed in the office of stmA
clerk or board. Town, city and village clerks required to pro-
vide the same for town meetings, city and village elections held at
different times from a general election, shall in like manner,
deliver to the inspectors or presiding o&ceTs of the election at
each polling place at which such meetings and elections are held,
respectively, the official ballots, sample ballots, instruction cards
and other stationery, required for such election or town meeting,
respectively, in like sealed packages marked on the outside in like
manner, and shall take and file receipts therefor in like manner
in their respective offices. [Amended by chap, 537, lAws of
1916.]
§ 344. Errors and omissions in ballots. Upon
affidavit, presented by any voter, that an error or omission
has occurred in the publication of the names or descripticwi of
the candidates nominated for office, or in the printing of sample
or official ballots, the supreme court, or a justice thereof, may
make an order requiring the board of elections or other officer or
board charged with the duty in respect to which such error or
omission occurs to correct such error, or show cause why such
error should not be corrected. The board of elections or such
other officer or board shall, upon his own motion, correct without
delay any patent error in the ballots which they may discover, or
which shall be brought to their attention, and which can be cor-
rected without interfering with the timely distribution of the bal-
lots to the inspectors for use at such election. [^Amended i^
chdp. 637, Laws of 1916.]
§ 345. UnoAeial ballots. If the official ballots required
to be furnished to any town or city clerk, or board, shall not be
Conduct of Elections; Canvass 187
delivered at the time required, or if after delivery shall be lost,
destroyed or stolen, the clerk of siich town or city, oar such board,
shall cause other ballots to be prepared as nearly in the form
of the official ballots as practicable, but without the indorsement,
and upon the receipt of ballots so prepared from such clerk or
board, accompanied by a statement under oath that the same
have been so prepared and furnished by him or them, and that
the official ballots have not been so delivered, or have been so
lost, destroyed or stolen, 4;he 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.
^ARTICLE 10
Conduct ol Elections and Canvass of Votes
Section 350. Opening the polls.
351. Persons within the guard-rail.
352. Watchers; challengers; electioneering.
353. General duties of inspectors.
354. General duties of ballot clerks.
355. General duties of poll clerks.
356. Delivery of ballots to voters.
357. Assistance to disabled or illiterate voters.
858. Preparation of ballots by voters.
859. Manner of voting.
860. When unofficial ballots may be voted.
861. Challenges.
862. Preliminary oath.
363. General oath and additional oaths.
864. Record of persons challenged.
865. Time allowed employees to vote.
866. Canvass of votes; preparation for canvass.
367. Comparing poll books and registers ; verif;>dng num-
ber of ballots.
868. Method of canvassing.
369. Objections to the counting ; disposal of ballots.
370. Proving the tallies.
871. General provisions as to canvass.
372. Statement of canvass to be delivered to policse.
373. Returns of canvass.
^ Ab renumbered by chap. 800, Laws of 1915.
188 The Election Law
Section 374. Preservation of ballots.
375. Proclamation of result.
376. Sealing statements.
377. Delivery and filing of papers relating to the elec-
tion; general provisions.
378. Delivery and filing of papers in the city of New
York.
879. ^^ Additional requirements in the metropolitan elec-
tions district.
880. Delivery and filing of papers in the county of Erie,
381. Judicial investigation of ballots.
§ 350. Opening the polU. 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 oflScial
ballots are required to be provided, and shall proceed to arrange
'the space within the guard-rail and the furniture thereof, includ-
ing 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, voters; the box for the stubs of voted and
spoiled ballots ; the sealed packages of official ballots, sample bal-
lots and instruction cards and distance markers, poll books, tally
sheets, return blanks and other stationery required to be delivered
to them for such election ; and if it be an election at which regis-
tered voters only can vote, the raster of such voters required to
be made and kept therefor.
The inspectors shall thereupon open the sealed packages of in
struction cards and cause them to be posted conspicuously, at least
one, and if printed in different languages, at least one of each
language, in each of the voting booths of such polling place, and
at least three of each language in which they are printed in or
about the polling place ; shall open the sealed packages of official
ballots and sample ballots, and place them in charge of the ballot
clerks, and shall place the poll books in charge of the poll clerks,
and shall cause to be placed at a distance of one hundred feet
from the polling place the visible markers designated herein as
17 Section repealed by chap. 649, Laws of 1911.
Conduct of Elections; Canvass 189
^' distance markers," to prohibit " loitering or electioneering "
within such distance. They shall also, before any ballots are cast,
see that the voting booths are supplied with pencils having black
lead only, unlock the ballot boxes, see that they are empty, allow
the watchers present to examine them, and shall lock them up
again while empty in such manner that the watchers present and
persons just outside the guard-rail can see that such boxes are
empty when they are relocked.
After such boxes are so relocked they shall not be unlocked
or opened until the closing of the polls of such election, and, except
as authorized by law, no ballots or other matter shall be placed
in them after they are so relocked and before the announcement
of the result of such canvass and the signing of the original state^
ment of canvass and the two certified copies thereof. The instruc-
tion cards and distance markers posted as provided by law shall
not be taken down, torn or defaced during such election. The
ballot clerks with the official and sample ballots, the inspectors
with such boxes and register of voters, and the poll clerks with
their poll books, shall be stationed as near each other as prac-
ticable within such inclosed space. One of the inspectors shall
then make proclamation that the polls of the election are open,
and of the time in the afternoon when the polls will be dosed.
§ 351. Persons inTitliin 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 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, and persons duly admitted for
the purpose of voting ; provided, however, that candidates for puh-
lic office voted for at such polling place may be present at the
canvass of the votes.
§ 352. Watckers; cl&allengers ; electioneering. Each
political party or independent body duly filing certificates of nom-
ination of candidates for offices to be filled at any such election,
may, by a writing signed by the duly authorized county, city, town
or village oommittee of such political party or independent body,
or by the chairman or secretary thereof charged with that duty, and
delivered to and filed with one of the inspectors of election, appoint
188 The Election Law
Section 374. Preservation of ballots.
375. Proclamation of result.
376. Sealing statements.
377. Delivery and filing of papers relating to the elec-
tion; general provisions.
378. Delivery and filing of papers in the city of New
York.
879. "Additional requirements in the metropolitan ele^
tions district.
380. Delivery and filing of papers in the county of Erie.
381. Judicial investigation of ballots.
§ 350. Opening: the polls. The inspectors of election,
poll clerks and ballot clerks of each election district shall meet
at the polling place therein at least one-half hour before the
time set for opening the polls at each election for which official
ballots are required to be provided, and shall proceed to arrange
'the space within the guard-rail and the furniture thereof, includ-
ing 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, voters; the box for the stubs of voted and
spoiled ballots ; the sealed packages of official ballots, sample bal-
lots and instruction cards and distance markers, poll books, tally
sheets, return blanks and other stationery required to be delivered
to them for such election ; and if it be an election at which r^s-
tered voters only can vote, the register of such voters required to
be made and kept therefor.
The inspectors shall thereupon open the sealed packages of in
struction cards and cause them to be posted conspicuously, at least
one, and if printed in different languages, at least one of each
language, in each of the voting booths of such polling place, and
at least three of each language in which they are printed in or
about the polling place ; shall open the sealed packages of official
ballots and sample ballots, and place them in chai^ of the ballot
clerks, and shall place the poll books in charge of the poU clerks,
and shall cause to be placed at a distance of one hundred f^^
from the polling place the visible markers designated herein ss
17 Section repealed by chap. 649, Laws of 1911.
Conduct of Elections; Canvass 189
'^ distance markers," to prohibit " loitering or electioneering "
within such distance. They shall also, before any ballots are cast,
see that the voting booths are supplied with pencils having black
lead only, unlock the ballot boxes, see that they are empty, allow
the watchers present to examine them, and shall lock them up
again while empty in such manner that the watchers present and
persons just outside the guard-rail can see that such boxes are
empty when they are relocked.
After such boxes are so relocked they shall not be unlocked
or opened until the closing of the polls of such election, and, except
as authorized by law, no ballots or other matter shall be placed
in them after they are so relocked and before the announcement
of the result of such canvass and the signing of the original state^
ment of canvass and the two certified copies thereof. The instruc-
tion cards and distance markers posted as provided by law shall
not be taken down, torn or defaced during such election. The
ballot clerks with the official and sample ballots, the inspectors
with such boxes and register of voters, and the poll clerks with
their poll books, shall be stationed as near each other as prac-
ticable within such inclosed space. One of the inspectors shall
then make proclamation that the polls of the election are open,
and of the time in the afternoon when the polls will be closed.
§ 351. Persons ^wltliin 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 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 Ihe 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, and persons duly admitted for
the purpose of voting ; provided, however, that candidates fop pub-
lic office voted for at such polling place may be present at the
canvass of the votes.
§ 352. Watckers; oliallensers ; electioneering. Each
political party or independent body duly filing certificates of nom-
ination of candidates for offices to be filled at any such election,
may, by a writing signed by the duly authorized county, city, town
OP village committee of such political party or independent body,
or by the chairman or secretary thereof charged with that duty, and
delivered to and filed with one of the inspectors of election, appoint
190 The Electiok Law
not more tlian two watchers to attend each polling jdaoe thereof.
Such committee, chairman or secretary thereof for a city, county,
town or village shall not appoint watchers for any poUixkg pboe
outside of such city, county, town or village, respectively. Each
watcher must be a qualified elector of the county in which the
election district for which he is appointed a watcher ^all be
located, provided that wom«i who are citizens and residents of the
county, and of the age of twenty-one years, may act as watchers,
with full rights and privil^es of such office, at any Section when-
ever held at whidi a woman suffrage constitutional amendmeut ifi
submitted to the voters except that but one woman watcher for, aad
one woman watcher opposed to, the adoption of such amendment
shall be permitted in each election district. Such watchers m&j
be present at such polling place and witliin 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 returns of the canvass 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 of the guard-rail of each such polling place, where they can
plainly see what is done within such rail outside of the voting
booths, from the opening to the close of the polls thereat. Each
challenger must be a qualified elector of the county in which the
election district for which he is appointed a challenger is located.
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 during any
day of registration or of the election. [As a/m ended by chap^
428, Laws of 1910, chap. 649, Laws of 1911, chap. 821, LatvB of
1913, and chap. 242, Laws of 1914.]
§ 353. General dnties of inspectors. One of the in-
spectors of election at each polling place shall be designated by
the board of inspectors of election to receive the ballots from the
voters voting; or if a majority of the inspectors shall not agwc
in such designation, they shall draw lots for such position. K
it be an election for which voters are required to be repstered,
the other inspectors shall, before "any ballots are delivered by the
ballot clerks to a voter, ascertain whether he is duly registered.
Conduct of Elections; Canvass 191
The ballot clerks shall not deliver any ballot to such voter until
the inspectors annonnoe that he is so registered. As each voter
rotes, the inspectors shall check his name upon such register and
shall enter therein in the column provided therefor opposite the
name of such voter, the consecutive number upon the stub of the
ballot or set of ballots voted by him. The inspector shall forth-
with upon detaching the stub from any official ballot deposit the
same in the box provided for detached stubs.
§ 354. General duties of ballot elerlu. Ballot clerks
shall fold and deliver the ballots to voters. Ballots shall be de-
livered in numerical order beginning with number one. When
the ballots are in sets they shall only be delivered in sets. If
a ballot is found to be defective or mutilated before it is de-
livered to the voter, its stub and the stubs of all other ballots in
the set shall immediately be detached and placed in the box for
stubs, and all the ballots of that set shall immediately be marked
'* canceled *' and placed in the box for spoiled and mutilated bal-
lots. If a voter returns a ballot as defective, mutilated, defaced,
or wrongly marked, he shall also return all the other ballots of
the set, if any, and the ballot clerks shall likewise remove their
stubs, placing all the stubs in the box for stubs and all the ballots
of the set in the box for spoiled or mutilated ballots, first marking
the ballots " cancelled." In each case the voter shall receive
another ballot, or set of ballots, unless not entitled thereto under
section three hundred and fifty-eight.
Upon each delivery of official ballots, the ballot clerks shall
announce the voter's name and the number on the stub, and they
shall make a similar announcement when any ballot is returned
to them.
The ballot clerks shall keep a record of all ballots deposited in
the box for spoiled and mutilated ballota. [As amended by chap.
821, Lanvs of 1913.]
§ 3S5. General duties of poll clerks. 1. Poll clerks
shall keep a record of the persons voting or offering to vote, and
tally the votes during the canvass thereof.
2. Each poll clerk at each polling place for which official
ballots are required to be provided shall have a poll-book for
keeping the list of electors voting or offering to vote thereat
at the election. Such book shall have eight columns headed re-
spectively: "Number of elector," '* Names of electors," "Resi-
192 Thb Election Law
dence of electors," " Signature or statement number of elector,'*
" Signatures campared by inspector," "Number on ballots de-
livered to electors," " Number on ballots voted," and " Remarks;*'
provided, however, that the columns for " Signature or state-
ment number of elector " and " Signatures compared by the
inspector," when the poll-book is prepared for use in an elec-
tion district, wholly outside of a city or village having five
thousand inhabitants or more, may in the discretion of the board
or officer supplying such books be omitted therefrom.
Previous to each delivery of an official ballot or set of official bal-
lots by the ballot clerk to an elector, each poll clerk shall enter
upon his poU-ibook in the appropriate cdtimn the number of
the elector, in the successive order of the delivery of ballots to
electors, the name of the elector in the alphabetical order of the
first letter of his surname, his residence by street and number
or if be has no street number, a brief description of the locality
thereof. The column headed " Signature or statement number of
elector," shall have printed above each horizontal line the words
" the foregoing statements are true,^ and any elector whose regis-
tration was required to be personal shall, previous to the receipt
of an official ballot, sign his name by his own hand and without
assistance, using an indelible pencil or ink, below the said words
in the poll-book kept by the poll clerk who shall be designated by
tlie chairman of the board of inspectors. No such signature shall
be required of an elector whose registration was not required to
be personal.
After an elector, whose registration was required to be per-
sonal, shall have so signed, and before an official ballot shall
be given to him, one of the inspectors other than the inspector
who receives the ballots from the electors shall compare the sig-
nature made in the poll-book with the signature theretofore
made by the elector in the registration book on registration day,
and if said signature is the same, or sufficiently similar to the
signature written on registration day, as to identify it as being
written by the same person who wrote the signature on registration
day, said inspector shall thereupon certify that fact by writing his
initials after such signature, in the column headed " Signatures
compared by inspector." The inspector who shall so certify shall
be chosen by lot by the board previous to the opening of the polls
on election day, and if said inspector so chosen shall absent him-
self during the day, the board of inspectors shall fill his place by
choosing by lot from the inspectors present another of the inspcc-
Conduct of Elections; Canvass 193
tors other than the inspector who receives the ballots from the
electors.
If, on registration day, an elector whose registration was
required to be personal had alleged his inability to so
sign, then one of the poll clerks designated by the chairman of
the board of inspectors shall read the same list of questions to the
elector as were required to be read on registration days from a
book to be provided for election day, and to be known as *' identifi-
cation statements for election day," and said pqll clerk shall write
the answers of the elector thereto. Each of these statements shall
be numbered and a number corresponding to the number on the
statement sheet shall be entered in the fourth column opposite the
name of such elector answering the questions. The ' questions
answered on registration day by the elector shall not be turned to
or inspected until all the answers to said questions shall have been
written down on election day by the poll clerk. Any person who
shall prompt an elector in answering any questions pl*ovided in
this subdivision shall be guilty of a felony.
At the bottom of each such list of questions shall be printed the
following statement : " I certify that I have read to the above
named elector each of the foregoing questions and that I have duly
recorded his answers as above to each of said questions," and said
poll clerk who has made the above record shall sign his name to
said certificate and date the same, and note the time of day of
making such record.
The comparison of the signature of an elector made on regis-
tration and election days, and a comparison of the answers made
by an elector on registration and election days, shall be had in
full view of the watchers, and the right to challenge electors shall
exist until the ballot shall have been deposited in the ballot box.
If the signature of the elector or the answers to the questions made
by the elector do not correspond, then it shall be the privilege
of the watchers and challengers to challenge and the duty of each
inspector to challenge, unless some other authorized person shall
challenge.
Each poll clerk in every election district of the state shall
enter upon his poll-book in the appropriate column the printed
number upon the stub of the ballots delivered to each elector, and
the number on the ballots voted by him. If the ballot or set of
ballot* delivered to any elector shall be returned by him to the
ballot clerk, and he shall obtain a new ballot or set of ballots, the
poll clerk shall write opposite his name on the poll-books, in the
194 The Election Law
proper column, the printed number on the stub of such ballot or
additional set of ballots. Each poll clerk shall make a memo-
randum upon his poll-book opposite the name of each person who
shall have been challenged and taken either of the oaths pre-
scribed 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 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 inspector whether the number
entered on the poll-book kept by him as the number on the ballot
or set of ballots last delivered to such elector is the same as the
number on the stub of the ballot or set of ballots so offered. As
each elector votes, each poll clerk shall enter in the proper col-
umn on his poll-book the number on the detached stub of the
ballots voted. [As amended by chap. 428, Laws of 1910, chap,
640, Laws of 1911, chap. 821, Laws of 1913, and chap. 537,
Laws of 1916.]
§ 356. Delivery of ballots to voters. While the polls
of the election are open, the voters entitled to vote and who hare
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 voters as there are voting booths thereat,
in addition to the persons lawfully within such guard-rail for
other purposes than votings The voter shall enter within the
guard-rail through the entrance provided, and shall forthwith
proceed to the inspectors and give his name, and, if in a city or
village of five thousand inhabitants or over, his residence by street
and number, or if it have no street number, a brief description
of the locality thereof, and if required by the inspectors shall
state whether he is over or under twenty-one years of age. One
of the inspectors shall thereupon announce the name and residence
of the voter in a loud and distinct tone of voice. No persons
shall be allowed to vote in any election district at any election
where voters 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 snch
register shall be subject to challenge. If such voter is en-
titled to vote thereat and is not challenged, or if chal-
lenged and the challenge be decided in his favor, one of the ballot
Conduct of Elections; Canvass 195
clerks shall then deliver to him one official ballot or a set of offi-
cial ballots, folded by such ballot clerk in the proper manner
for voting, which is : First, by bringing the bottom of the ballot
up to the perforated line, and second, by folding both sides to the
center, or towards the center, in such manner that when folded
the face of each ballot shall be concealed, and the printed number
on the stub and the indorsement on the back of the ballot shall be
visible, so that the stub can be removed without removing any
other part of the ballot, and without exposing any part of the face
ot the ballot below the stub, and so that when folded the ballot
shall not be more than four inches wide.
No person other than an inspector or ballot clerk shall deliver
to any voter within such guard-rail any ballot, and they
shall deliver only such ballots as the vot^r is legally entitled to vote,
and also the sample ballot when the same is asked for.
§ 357. Assistance to disabled or illiterate voters.
Any voter who shall, at the time of registration, have made oath
of physical disability or illiteracy, as prescribed by section one
hundred and sixty-four of this chapter; or who, being duly regis-
tered in an election district where personal registration by all
voters is required by law, shall state under oath to the inspectors
of election on the day of election that, by reason of some accident,
the time and place of which he must specify, or of disease, the
nature of which he must also specify, he has, since the day upon
which he registered, lost the use of both hands, or become totally
blind, or afflicted by such degree of blindness as will prevent him,
with the aid of glasses, from seeing the names printed upon the
official ballot, or so crippled that he can not enter the voting booth
and prepare his ballot without assistance; or any voter in an elec-
tion 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 described in section one hundred and sixty-
four of this chapter, and who shall make the statement under
oath to the inspectors in the form required in said section, may
choose two of the election officers, both of whom shall not be of
the same political faith, to enter the booth with him to assist
him in preparing his ballots. At any town meeting or village
election where the election officers are all of the same political
faith, any voter entitled to assistance as herein provided may
select one of such election officers and one voter of such town or
village of opposite political faith from such election officer so
selected, to render such assistance.
196 The Election Law
Such election *oflSecrs or persons assisting a voter shall not in
any manner request or seek to persuade or induce any such voter
to vote any particular ticket, or for any particular candidate,
and shall not keep or make any memorandum or entry of anything
occurring within such booth, and shaD not, directly or indirectly,
reveal to any other person the name of any candidate voted for
by such voter, or which ticket he has voted, except they be called
upon to testify in a judicial proceeding for a violation of this
chapter, and each election officer, before the opening of the polls
for the election, shall make oath that he " will not in any manner
request, or seek to persuade, or induce any voter to vote any par
ticular ticket or for any particular candidate, and that he will not
keep or make any memorandum or entry of anything occurring
within the booth, and that he will not, directly or indirectly, reveal
to any person the name of any candidate voted for by any voter, or
which ticket he has voted, or anything occurring within the voting
booth, except he be called upon to testify in a judicial proceed-
ing for a violation of the election law.'' The same oath shall be
taken by every voter rendering such assistance, as provided for
above, and any violation of this oath shall be a felony punishable
upon conviction by imprisonment in a state prison for not less
than two nor more than ten years.
No voter shall otherwise ask or receive the assistance of any
person within the polling place in the preparation of his ballot,
or divulge to any one within the polling place the name of any
candidate for whom he intends to vote or has voted.
§ 358. Preparation of ballots by voters; intent of
voters. On receiving his ballot the voter shall forthwith and
without leaving the inclosed space retire alone, unless he be one
that is entitled to assistance in the preparation of his ballot, to
one of the voting booths, and without undue delay unfold and
mark his ballot as hereafter prescribed. 'No voter shall be
allowed to occupy a l)ooth already occupied by another, or to
occupy a booth more than five minutes in case all the booths are
in use and voters waiting to occupy the same.
It shall be unlawful to deface or tear an official ballot in any
manner; or to erase any printed line, letter or word therefrom;
or to erase any name or mark written thereon by a voter. If a
voter wrongly mark, deface, or tear a ballot or one of a set of
ballots, he may successively obtain others, one set at a time, not
* So in original.
Conduct of Elections; Canvass 197
exceeding in all three sets, upon returning to the ballot clerks each
set of ballots already received.
The voter shall mark his ballot with a pencil having black lead
as follows and not otherwise:
1. To vote for any candidate on any ballot, except for an entire
group of presidential electors by means of a single mark as here-
• inafter provided, he shall make a cross X mark in the voting
square at the left of the candidate's name.
2. To vote for any candidate not on the ballot, he shall write
the candidate's name on a line left blank in the appropriate place.
3. To vote for an entire group of presidential electors, nomi-
nated by any party, he shall make a cross X mark in the circle
' above the party column. If, on a ballot for presidential electors,
the voter shall make such mark in the circle above a party column
and also before the name of a candidate in such column, or in the
voting squares before the names of two or more candidates in such
column, without making a voting mark in any voting square of
another column and without writing in any name, such individual
voting marks shall be treated as surplusage and his vote shall be
deemed to have been cast for all of the candidates whose names
appear in the party column below such circle. If, however, a
ballot for presidential electors shall be so marked in a party circle
and in one or more voting squares in the column under such circle
and also in any voting square or squares in another column or
columns or a name or names be also written in, the vote on a
ballot so marked shall only be counted for the candidates so spe-
cially indicated.
4. If, on a ballot for presidential electors, the voter shall make
a cross X mark in the circle above a party column, and no voting
mark in any voting square of the same column, and shall also
make a cross X mark in the voting square before the name of a
candidate in another party column, or in such squares before the
names of two or more candidates in one or more of such other
party columns^ or writes in a name or names, he shall be deemed
to have voted for the candidates whose names are thus specially
indicated and also for all of the candidates whose names appear
in the column below the circle containing such mark, except those
whose names are printed in the latter column on a horizontal line
with the names so specially indicated ; provided, however, that if
the voter shall make a cross X mark in the circle above a party
column and also cross X marks in voting squares before any two
or more names on the same horizontal line or write a name in a
198 The Electio]^ Law
«
blank space on a horizontal line with one or more names so indi-
vidually marked, his vote shall be counted only for candidates for
the office of presidential elector which, by individual voting marks
or by .writing, he shall have specially indicated, though tibere be
no such marks in the column under such circle.
5. To vote on any constitutional amendment or question sub-
mitted, he shall make a cross X mark in the appropriate voting
square at the left of the question as printed on the ballot
A cross X .mark shall consist of any straight line crossing any
other straight line, at any angle, within a circle or voting square-
Any mark other than a cross X mark or any erasure of any kind
shall make the whole ballot void ; but no ballot shall be declared
void because a cross X mark thereon is irregular in form.
Any ballot which is defaced or torn by the voter shall be void.
If a voter shall do any act extrinsic to the ballot itself, such as
inclosing any paper or other article in the folded ballot, such
ballot shall be void. If the elector marks more names than 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 bo counted for such office
but shall be returned as a blank vote for such office. Where, in
the case of a candidate for governor or member of assembly, the
candidate is nominated by two or more political organizations, and
the voter makes a cross X mark in two or more voting spaces or
squares, his vote for such candidate shall be counted, but he
shall not be recorded in the tally sheet or returns as voting with
any particular party or independent body for such candidate.
\_As amended hy chap. 296, Loms of 1911, chap. 821, Laws of
1913, and chap. 537, Laws of 1916.]
§ 359. Manner of voting. When the ballot or ballots
which a voter has received shall be prepared as provided in the
preceding section, he shall leave the voting booth vrith his ballot
folded so as to conceal the face of the ballot, but show the indorse
ment 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
voter and the printed number on the stub of the official ballot so
delivered to him in a loud and distinct tone of voice. If snch
voter 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
Coin>ucT OF Elections; Canvass 199
or tear visible on the outside thereof, except the printed nnyiber
on the stub and the printed indorsement on the back, and if such
printed number is the same as that entered on the poll books as the
number on the stub or stubs of the official ballot or set of ballots
last delivered to him by the ballot clerks, such inspector shall re-
ceive such ballot or ballots, and after removing the stub or stubs
therefrom in plain view of the voter, and without removing any
other part of the ballot, or in any way exposing any part of the
face thereof below the stub, shall deposit each ballot in the proper
ballot box for the reception of voted ballots, and the stubs in the
box for detached ballot stubs. Upon voting, the voter shall forth-
with pass outside the guard-rail unless he be one of the persona
authorized to remain within the guard-rail for other purposes
than voting.
No ballot without the official indorsement shall be allowed to be
deposited in the ballot box except as provided by sections three
hundred and forty-five and three hundred and sixty of this chap-
ter, and none but ballots provided in accordance with the pro-
visions of this chapter shall be counted. 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 inspectors or to the ballot clerks,
and a violation of this provision is a misdemeanor.
When a person shall have received an official ballot from the
ballot clerks or inspectors, as hereinbefore provided, he shall be
deemed to have commenced the act of voting, and if, after receiv-
ing such official ballot, he shall leave the space inclosed by the
guard-rail before the deposit of his ballot in the ballot box, as
hereinbefore provided, he shall not be entitled to pass again within
the guard-rail for the purpose of voting, or to receive any further
ballots.
§ 360. IXTlieii unofficial ballots may be Toted. If,
for any cause, the official ballots shall not be provided as re-
quired by law at any polling place, upon the opening of the polls
of an election thereat, or if the supply of official ballots shall be
exhausted before the polls are closed, unofficial ballots, printed or
written, made as nearly as practicable in the form of the official
ballot, may be used.
§ 361. Cballenges. A person may be challenged either
when he applies to the ballot clerk for official ballots, or when he
200 The Election Law
offers to an inspector the ballot he intends to vote, or previously by
notice to that effect to an inspector by any elector. It shall be
the duty of each inspector to challenge every person offering to
vote whom he shall know or suspect not to be duly qualified as
an elector, and every person whose right to register as an elector
was challenged at the time of registration, provided such chal-
lenge has not previously been withdrawn. In addition to the
foregoing any person may be challenged by any duly appointed
watcher or challenger either when he applies to the ballot clerk
for ofBcial ballots or when he offers to an inspector the ballot he
intends to vote or previously by notice to that effect to an inspector.
Whenever a person shall apply to the board of inspectors on
election day to vote upon the name of a person whose right to
register as an elector was challenged, it shall be the duty of the
chairman of the board of inspectors or some member of such
board to administer to such applicant the preliminary oath
prescribed in the next section, and to read to such applicant
each question upon the copy of the challenge affidavit signed at
the time of registration by the person upon whose name the ap-
plicant desires to vote, and the inspectors and watchers shall
compare the answers given to such questions with the answers re-
corded thereto upon the copy of said challenge affidavit, and shall
carefully compare the description of the person challenged at the
time of registration recorded upon the copy of the challenge affi-
davit with that of the applicant. If there shall be any material
difference or conflict between the answers given by the applicant
and the answers recorded upon the copy of the challenge affidavit
to the questions printed thereon, or in the description of the pe^
son challenged and the applicant, or if the applicant shall refuse
to answer any question put to him, or shall refuse to make such
oath, his vote shall not be received and the facts thereof shall be
recorded in each such case in the challenge record provided for in
section three hundred and sixty-four. [As amended by chap.
428, Laws of 1910, chap. 649, Laws of 1911, and chap. 537, Laws
of 1916.]
§ 362. Prelimiiiary oath. If any person other than those
persons heretofore provided for offering to vote at any election
shall be challenged in relation to the right to vote thereat, one of
the inspectors shall tender to him the following preliminary oath:
" You do swear (or affirm) that you will fully and truly answer
all such questions as shall be put to you touching your place of
residence and qualification as an elector."
Conduct of Elections; Canvass 201
The inspectors or one of them shall then question the person
challenged in relation to his name; his place of residence before
he came into that election district; his then place of residence;
his citizenship ; whether he be a native or naturalized citizen, and
if the latter, when, where, and in what court, or before what
officer he was naturalized; whether he came into the election
district for the purpose of voting at that election; how long he
contemplates residing in the election district; and all other mat-
ters which may tend to test his qualifications as a resident of
the election district, his citizenship, or his right to vote at such
election at such polling place and in addition to the foregoing
provisions, the inspectors or one of them shall ask the person
challenged the same questions that were asked of him when he
registered. A challenge made by any elector or by any duly ap-
pointed watcher or challenger must be acted upon by the board
of inspectors as provided in this section. If any person shall
refuse to take such preliminary oath when so tendered, or to
answer fully any such question which may be put to him, his
vote shall be rejected. After receiving the answers of the per-
son so challenged, the board of inspectors shall point out to him
the qualifications, if any, in respect to which he shall appear to
them deficient. \^As amended by chap. 428, Laws of 1910, and
chap. 649, Latvs of 1911.]
§ 363. General oath and additional oaths. If the
person so offering to vote shall persist in his claim to vote^
and the challenge be not withdrawn, one of the irt
apectors shall then administer to him the following general oath:
** You do swear (or affirm) that you are twenty-one years of
age, that you have been a citizen of the United States for ninety
days, and an inhabitant of this state for one year next preceding
this election, and for the last four months a resident of this county,
and for the last thirty days a resident of this election district,
and that you have not voted at this election."
If the person so offering to vote shall be challenged for causes
stated in section two of article two of the constitution of this state,
the following additional oath shall be administered by one of the
inspectors :
" Youdo swear (or affirm) that you have not received or offered,
do not expect to receive, have not paid, offered or promised to
pay, contributed, offered or promised to contribute to another, to
be paid, or used, any money or other valuable thing, as a
compensation or reward for the giving or withholding of
202 The Election Law
a vote at this election, and have not made any promise to influence
the giving or withholding of any such vote, and that you have not
made, or become directly or indirectly interested in any bet or
wager depending upon the result of this election."
If the person so offering to vote shall be challenged on tie
ground of having been convicted of bribery or any infamous crime,
Sie following additional oath shall be administered to him by (me
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 yon
have been pardoned and restored to all the rights of a citizen."
If any person shall refuse to take either oath so tendered his
vote shall be rejected, but if he shall take the oath or oaths t^-
dered him, his vote shall be accepted.
§ 364. Record of persons challenged, l. The in-
spectors 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 chal-
lenged at such election in such district.
2. In cities and villages having a population of five thousand
or more, in addition to the foregoing record, the chairman of each
board of inspector^ shall, immediately after any election or pri-
mary, return to every public officer who has filed with him or a
member of his board a list of voters to be challenged, such chal-
lenge list with a written statement opposite each name, giving the
reason, if the name was voted on, why the board permitted any
person to vote thereon, or, if some person applied to vote thereon
and was challenged and did not vote, the words " challenged and
did not vote ; " or if no person applied to vote on such name, the
words ^' no application.'* Before making such return such chair
man shall sign his name at the foot of each page of such challenge
list. lAs amended by chap. 678, Laws of 1915, a>nd chap. 637,
Laws of 1916.]
§ 365. Time allowed employees to vote. Any person
entitled to vote at a general election held within this state,
shall on the day of such election be entitled to absent himself
Conduct of Electioi^s; Canvass 203
from any service or employment in which he is then engaged or
employed, for a period of two hours, while the polls of such elec-
tion are open. If such voter shall notify his employer before
the day of such election of such intended absence, and if there-
upon two successive hours for such absence shall be designated
by the employer, and such absence shall be during such designated
hours, or if the employer upon the day of such notice makes
no designation, and such absence shall be during any two con-
secutive hours while such polls are open, no deduction shall be
made from the usual salary or wages of such voter, and no other
penalty shall be imposed upon him by his employer by reason of
such absence. This section shall be deemed to include all em-
ployees of municipalities.
§ 366* Canvass of votes; preparation for canvass.
1. Place and time of canvass. As soon as the polls of an election
are closed, the inspectors of election thereat shall publicly canvass
and ascertain the votes, and not adjourn or postpone the canvass
until it shall be fully completed.
The room in which such canvass is made shall be clearly lighted,
and such canvasa shall be made in plain view of the public. It
shall not be lawful for any person or persons, during the canvass,
to close or cause to be closed the main entrance to the room in
which such canvass is conducted in such manner as to prevent
ingress or egress thereby.
2. Ballot clerks. At the close of the polls the ballot clerks
shall make up in triplicate in ink a return which shall account for
all the official ballots furnished to the election district in which
they are serving; they shall count and verify the number of each
kind of unused ballots, and enter it upon their returns ; they shall
then open the box for ballots canceled before delivery and spoiled
and returned by voters, separate them into their several kinds,
count all ballots of each kind and enter the numbers upon their
returns. They shall make the additions and subtractions called
for by the returns and prove their figures. In making their re-
turns as aforesaid, the ballot clerks shall use the printed forms
supplied to them with the ballots, and they shall carefully insert
m all the blank spaces thereon the appropriate names, words and
figures according to the directions contained in article nine of this
chapter and printed on the forms.
Each kind of ballot and each kind of stub shall immediately
after they are counted as aforesaid be securely tied in a separate
204 The Election Law
package, and shall be plainly labeled, sealed, and returned to the
box from which it was taken, and the box securely locked and
sealed. The ballot clerks shall also securely tie all unused ballots
in a sealed package. They shall then sign and swear to their re-
turns before one of the inspectors and shall deliver their returns,
the boxes, packages, ballots and stubs, together with the keys of the
boxes, to the chairman of the board of inspectors. The ballots so
sealed and delivered shall bo deposited and preserved as ballot
boxes are hereinafter required to be deposited and preserved.
3. Poll clerks. Immediately upon the close of the polls the
poll clerks shall assist the inspectors of election in comparing the
poll-books with the registers as hereinafter provided, and shall
make out in triplicate in ink and sign and swear to their returns
before one of the inspectors of elections according to the forms
provided, and deliver them to the chairman.
4. Order of canvassing. The ballot boxes shall then, and not
before, be opened and the ballots shall be canvassed, in the follow-
ing order :
First. The box, if any, containing presidential ballots.
Second. The box, if any, containing general ballots; and
Third. The boxes, if any, containing ballots upon constitutional
amendments or other questions submitted, including town ques-
tions. lAs amended by chap. 821, Laws of 1913.]
§ 367. Comparing poll-books and registers; verify-
ins number of ballots. The board of inspectors shall com-
mence the canvass by comparing the two poll-books with the regis-
ters used on election day as to the number of voters voting at the
election, correcting any mistakes therein, and, after the ballot
clerks have delivered their returns to the chairman of the board,
and not before, by counting the ballots found in the ballot boxes
without 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' returns to have been deposited therein.
If the ballots found in any box shall be more than the number
of ballots so shown to have been deposited therein, such ballota
shall all be replaced, without being unfolded, in the box from
which th^ 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 un-
folding them, forthwith inclose them in an envelope which he
Conduct of Elections; Canvass 205
shall then and there seal and indorse " excess ballots from the box
for ballots for (presidential electors, or general officers, et cetera,
as the case may be)," signing his name thereto, and such envelope
with the excess ballots therein shall be placed in the box for de-
fective or spoiled ballots.
If two or more ballots shall be found in the ballot box so folded
together as to present the appearance of a single ballot, and if
the whole number of ballots in such ballot box exceeds the whole
number of ballots shown by the poll books and ballot clerks' re-
turns to have been deposited therein, and not otherwise, they, or
enough of them to reduce the ballots to the proper number, selec-
tion to be made without examination of any voting mark thereoUj
shall similarly be inclosed, sealed, indorsed and placed with the
spoiled ballots.
If, however, there lawfully be more than one ballot box for the
reception of ballots voted at the polling place, no ballot found in
the wrong ballot box shall for that reason be rejected, but shall be
placed in its proper box by the inspectors upon the count of the
ballots before the canvass, and counted in the same manner as if
found in the proper ballot box, if such ballot shall not, together
with the ballots found in the proper ballot box, make a total of
more ballots than are shown by the poll-books and ballot clerks'
returns to have been deposited in the proper box.
No ballot that has not the official indorsement shall be counted
except such as are voted in accordance with the provisions of this
chapter relating to unofficial ballots. [As amended by chap. 821,'
Laws of 1913.]
§ 368. Method of canvassing.
1. Method of canvassing ballots generally. Except as herein-
after specially provided, the method of canvassing ballots shall bo
as follows:
The chairman of the board of inspectors shall personally un-
fold each ballot of the kind then to be canvassed in such a manner
that its face shall be down and all marks thereon shall be wholly
concealed, and he shall place all the ballots, so unfolded and with
their faces down, in one pile. He shall then take up each ballot
in order, turn it face up, and announce in a loud and distinct voice,
the vote registered on the first section or that the ballot is void
or that the section is blank, as the ease may be. He shall then
turn the ballot face down and place it in a new pile. When he
has announced the votes on the first sections of all 'the ballots of
206 The Election Law
the kind then to be canvassed, and the poll clerk's tallies made as
hereinafter provided are proved to be correct, the official return
provided for in article thirteen shall be filled out and signed.
Then, and not before, the chairman shall proceed to canvass in
like manner the votes upon the sections remaining to be can-
vassed, completing the canvass of each ballot as he proceeds, and
thus he shall proceed until all the ballots have been canvassed.
As each vote is announced each poll clerk shall immediately
tally it in black ink, with a downward stroke from right to left
upon the official tally sheet provided for the purpose, also care-
fully tallying one for each blank or void vote. Each poll clerk as
he tallies a vote shall clearly announce the name of the candidate
for whom he tallies it, or that he tallies the vote blank or void as
the case may be, or in case of a question submitted that he tallies
the vote " Yes " or '^ No " as the case may be, and until such
announcement by each poll clerk the chairman shall not announce
another vote. When a candidate's name is not printed on the
official tally sheet or return provided, it shall be written in full
thereon in ink in its due order, that is, in the order in which
it appears on the ballot. The tally marks shall be made in due
numerical order in the tally spaces provided.
When all the sections relating to the same o^ce or question
shall have been canvassed, the number of ballots shall be com-
pared with the tally thereof. If the result as shown on the tally
sheets does not agree with the results as shown by the number of
ballots, an error has been committed and a recanvass must be
made. Upon the recanvass, the tally must be kept in red ink from
left to right across the previous tally marks. When all the errors
have been corrected and the tally sheets have been found to be
correct, the poll clerks shall indicate the last tally opposite each
name by forthwith canceling at least the next ten unused tallj
spaces, if there are so many, and if there are not so many, then as
many as possible, by drawing through them in red ink one or more
horizontal straight lines. The tally sheets having been thus pre-
pared, verified, and closed, the inspectors and poll clerks shall sign
the certificate at the foot of each sheet in the places indicated
thereon. \_As amended hy chaps. 296 and 649, Laws of 1911>
chap. 821, Laws of 1913, and chap. 244, Laws of 1914.]
2. Canvassing ballots when more than one candidate is to be
elected to the same office. When more than one candidate is to
be elected to the same office, the foregoing method of canvass shall
be modified to meet the necessities of the case, as follows:
Conduct of Elections; Canvass 207
The chairman shall read the names of the candidates voted for
in the order in which they appear in the section, and each poll
clerk shall make an accurate tally* of each vote as announced upon
the official tally sheet pra\dded for the purpose. The chairman
shall also announce the void ballots, if any, and the number of
blanks, if any, upon the section, and each poll clerk shall make
as many tallies for each void ballot as there are candidates thereon
to be elected to the office in question, and one tally for each blank.
3. Canvassing presidential ballots. The straight ballots, that
is, all valid ballots on which all the candidates in any party group
are voted for, shall be placed in piles, like with like, and the split
ballots, that is, all valid ballots marked in one or more of the
individual voting squares or with names written thereon, shall be
placed in one pile, and all void ballots and wholly blank ballots
shall be likewise placed in separate piles. Each of the piles shall
then be counted and the result clearly announced, and the number
of straight votes for each candidate shall be entered in gross
opposite his name on a tally sheet by each poll clerk, and the
number of split, void and wholly blank ballots shall be similarly
entered in their appropriate places. The chairman shall then take
the split ballots and they shall be canvassed, announced and tallied
in the manner above provided for canvassing ballots when more
than one candidate is to be elected to the same office. [As amended
hy chaps. 296 and 649, Laws of 1911, and chap. 821, Laws of
1913.]
§ 309. Objections to the oonntins; disposal of
ballots. If objection is taken to the counting of any ballot or
section, the board of inspectors shall forthwith and before can-
vassing any other ballot or section rule upon the objection. If
the objection is continued after this ruling, the chairman, or if
he refuse, one of the other inspectors, shall write in ink upon the
back of the ballot a memorandum of the ruling and objection.
The memorandum of the ruling shall be in the words *^ Counted
void," or " Counted blank," or " Counted for (naming the candi-
date or candidates or the presidential ticket)," or, in the case of
a question submitted " Counted for Question No. — ," or " Counted
against Question No. — ," as the case may be. The memorandum
of the objection shall be in the words " Objected to," followed by
a brief statement of the nature of the objection and the signature
of the chairman or other inspector.
Any ballot as to the counting of which objection is not taken
bat which is wholly blank or wholly void shall be indorsed in ink
208 The Election Law
by the chairman of the board of inspectors, or if he refuse, by one
of the other inspectors, with ^ the words, " Wholly blank " or
" Wholly void," as the case may be, and this memorandum of in-
dorsement shall be followed by the signature of the chairman or
other inspector.
In each case in which objection is taken or in which any ballot
is canvassed as wholly blank or wholly void, each poll clerk shall
tally once in the place provided at the foot of the tally sheet.
When all the ballots of any one kind shall have been canvassed^
the chairman of the board of inspectors or, if he refuse, one
of the other inspectors, shall carefully and securely place all the
ballots of that kind as to the counting of which any objection was
taken, all ballots which are wholly void, and ballots which are
wholly blank, in a separate sealed package, which shall be in-
dorsed on the outside thereof with the names of the inspectors, the
designation of the election district, and the number and kind of
ballots contained therein. The package so sealed shall be known
as the package of protested, void and wholly blank ballots and
shall be disposed of as hereinafter provided in sections three hun-
dred and seventy-six, three hundred and seventy-seven, three
hundred and seventy-eight and three hundred and eighty of this
chapter. The other ballots shall be tied together, labeled, and re-
turned to the ballot box from which they were taken before pro-
ceeding to canvass the next kind of ballots to be canvassed.
Any inspector who shall refuse to write in ink upon the back of
any ballot a memorandum of a ruling or objection to the count-
ing thereof, or shall refuse to place in the package of protested
ballots any ballot as to the counting of which any objection has
been taken, shall be guilty of a felony. lAs amended by chap.
821, Laws of 1913.]
§ 370. Proving the tallies. 1. Proving the tally of
ballots other than those for presidential electors. Immediately
upon counting the vote for any question, or for any office other
than that of presidential elector, the poll clerks shall verify thoir
figures by adding together all the votes tallied therefor, whether
for a candidate, or for or against a question, or as void or blank.
If, in a case where more than one candidate is to be elected to
one office, the number of votes tallied (including void and blank
votes) does not exactly equal the number of ballots cast (includ-
ing void and blank ballots) multiplied by the number of candi-
dates to be elected, or if, in the case of a question submitted or in
a case where only one candidate is to be elected to an office, the
Conduct of Elections; Canvass 209
total number of votes tallied (including void and blank votes)
shall not exactly equal the number of ballots cast (including void
and blank ballots), an error has been committed and a recanvass
must be immediately made, as hereinbefore provided in section
three hundred and sixty-eight of this chapter.
2. Proving the tally of ballots for presidential electors. In
the case of ballots for presidential electors, the poll clerks shall
verify their figures as follows:
First, they shall add together the votes counted for electors of
each party;
Second, thev shall add together the votes counted for candidates
not on the ballot ;
Third, they shall add together the void and wholly blank ballots
and shall multiply the sum so obtained by the number of electors
to be elected;
Fourth, they shall add together the votes on the split ballots
tallied as blank :
Fifth, they shall then add together the four sums so obtained.
If the total of these four sums shall not exactly equal the num-
ber of ballots cast (including void and blank ballots) multiplied
bv the number of electors to be elected, an error has been com-
mitted, and a recanvass must be immediately made as herein-
before provided in section three hundred and sixty-eight of this
chapter. [As amended by chap. 821, Laws of 1913.]
§ 371. General provisions as to eanvass. The ballots
shall at all times be kept on top of the table and in plain view of
all parties entitled to examine them, until they have been tied
into bundles as elsewhere provided. If requested by any person
entitled to be present the inspectors shall, during the canvass of
any ballot, exhibit to him the ballot then being canvassed, fully
opened and in such a condition that he may fully and carefully
read and examine it, but no inspector shall allow any ballot to be
taken from his hand or to be removed from any pile by any per-
son but the chairman. Any person other than a constituted elec-
tion officer who shall handle any ballot voted or unvoted or the
stub thereof shall be guilty of a misdemeanor. Any person who
shall mark, tear or deface any ballot of another with the intent of
defeating or altering a vote or ballot, shall be guilty of a felony,
and shall be punished upon conviction thereof by imprisonment
in a state prison for a period of not less than five nor more than
ten years. [As amended hy chap. 821, Laws of 1913, and chap,
703,*^ Laws of 1917.]
210 Tub Election Law
§ 372. Statement of caavass to be delivered to
police. In all cities and villages of five thousand inhabitants
or more the chairman of the board of inspectors shall^ forthwith
upon the completion of the count of votes and the announceaient
thereof, deliver to the police officer on duty at such place of can-
vass a statement subscribed by the board of inspectors, stating the
number of votes received by each candidate for office. Stich state-
ment shall forthwith be conveyed by the said officer to the station-
house of the police precinct in which such place of canvass is
located, and he shall deliver the same inviolate to the officer in
command thereof, who shall immediately transmit by telegraph,
telephone or messenger, the contents of such statement td the
officer commanding the police department of such city or village.
In a city of over one million inhabitants, such commanding office*
shall cause all such returns to be immediately tabulated so that
the final result may be known as early as possible, and within
twenty-four hours of its receipt at the station-house sucl\ state-
ment itself shall be filed with such commanding officer. Such
statement shall be preserved for six months by the police, and
shall be presumptive evidence of the result of such canvass for
each such office. [As amended by chap, 649, Laws of 1911, and
chap. 678, Laws of 1915.]
§ 373. Returns of eanvass. Upon completing the can-
vass, the inspectors and poll clerks shall make and sign in ink
their several returns in triplicate, and shall verify them before
the respective officers authorized for that purpose, and shall sign
and certify in ink each tally sheet to be certified by them. In
making their returns as aforesaid, the inspectors and poll clerks
shall use the printed forms supplied to them with the ballots, and
they shall carefully insert in all the blank spaces thereon the ap-
propriate names, words and figures according to the directions
contained in article nine of this chapter and printed on the forms.
In the absence of an officer authorized to take acknowledgments
and proof of deeds, and for the purposes of this chapter, any elec-
tion officer shall be authorized to administer the oath to any other
election officer. Each of the two tally sheets shall be securely at-
tached by the chairman to one of the returns relating to the same
office or question and shall be treated as a part thereof.
Any election officer who shall sign any statement of the canvass
at any place other than the polling place, or at any time other
than immediately after the canvass is completed, except under di-
rection of a court, and any election officer or person who shall take
Conduct of Elections; Canvass 211
from the polling place any such statement before it shall have
been signed as herein provided, is guilty of a felony, and shall bo
punished, upon conviction thereof, by imprisonment in a stato
prison for not less than two nor more than five years.
If changes be necessary in any of the forms for tallies and re-
turns, as prescribed in this article, the secretary of state shall
prescribe the same. [As amended hrj chap. 821, Laivs of 1913.]
§ 374. Preservation of ballots. After the last tally sheets
and returns are completed, and all the stubs and ballots, except
the protested, void and wholly bl^nk ballots, are replaced in the
boxes from which they were taken, each box shall be securely
locked and sealed, and deposited, by an inspector designated for
that purpose, with the officer or board furnishing it, together with
the separate sealed package of unused official ballots. The boxes
and packages so deposited shall be preserved inviolate for six
months after the election, except that they may be opened and
their contents examined upon the order of any court of competent
jurisdiction or may be opened by direction of a committee of the
senate or assembly to investigate and report upon contested eleo-
tions of members of the legislature voted for at such election and
their contents examined by such committee in the presence of the
officer having the custody of such boxes. Unless ordered to be
preserved by such a court, or unless an examination by such a
committee be pending, they shall be opened and their contents
destroyed after six months, except, that in a year in which a presi-
dent of the United States is to be elected, in counties in which no
contest has been noted, such boxes may be opened and their con-
tents destroyed after four months and the boxes prepared for use
at the primary election as provided in section seventy-nine of this
chapter. The protested, void and wholly blank ballots shall be
preserved as provided in section four hundred and thirty-seven
of this chapter. Any candidate shall bo entitled as of right to an
examination in person or by authorized agents of any ballots upon
which his name lawfully appeared as that of a candidate; but the
court shall prescribe such conditions as of notice to other candi-
dates or otherwise as it shall deem necessary and proper.
[Amended by chap. 821, Laws of 1913, and chaps. 81 and 537,
Laws of 1916.]
§ 375. Proolamatlon of result. Upon the completion of
such canvass and of the statements of the result thereof, the chair-
man of the board of inspectors shall make public oral procla-
mation of the whole number of votes cast at such election at
212 The Election Law
such polling place for all candidates for each office; upon each
proposed constitutional amendment or other question or propo-
sition, if any, voted upon at such election ; the whole number of
votes given for each person, with the title of the office for which
he was named on the ballot ; and the whole number of votes given
respectively for and against each proposed constitutional amend
ment or other question or proposition, if any, so submitted- [As
amended hy chap. 821, Laws of 1913.]
§ 376. Sealing statements* Each statement of canvass
shall then be securely sealed with sealing wax in separate enve-
lopes properly indorsed on the outside thereof by the inspectors,
and shall be kept inviolate by the officers or board with whom they
are filed until delivered, together with the packages of protested,
void and wholly blank ballots, to the county or city board of can-
vassers. [As amended hy chap. 821, Laws of 1913.]
•
§ 377. Delivery and filing of papers relating to the
election ; general provisions. If the election be other than
an election of town, city, village or school officers, held at a dif-
ferent time from a general election, the chairman of the board of
inspectors of each election district, except in the city of. New
York, shall forthwith upon the completion of the triplicate state-
ment of the result, deliver one set of returns to the supervisor of
the town in which the election district, if outside of a city, is
situated, and if in a city, to one of the supervisors of said city.
If there be no supervisor, or he be absent or unable to attend the
meeting of the county board of canvassers, it shall be forthwith
delivered to an assessor of such town or city. One set of returns
with tally sheets annexed, together with the poll books of the
election, shall be forthwith filed by such inspectors, or by one of
them deputed for that purpose, with the town clerk of such town,
or the city clerk of such city, as the case may be. The package
of protested, void and wholly blank ballots and the third set of
returns with tally sheets annexed shall, within twenty-four hours
after the completion of such canvass, be filed by the chairman of
the board of inspectors, with the board of elections of the county
in which the election district is situated. The register of electors
and public copy thereof shall be filed as prescribed in section one
hundred and eighty of this chapter. Each poll book containing
signatures of electors required by this chapter to sign the poll book
and all " identification statements for election day " received
thereat shall within forty-eight hours after the close of the can-
Conduct of Elections; Canvass 213
vaes be filed in person or by mail by the poll clerk of each election
district having charge of such book, with the state superintendent
of elections in such one of his offices as he may in writing desig*
nate. [As amended by chap. 649, Laws of 1911, chap. 821, Laws
of 1913, and chap. 537, Laws of 1916.]
§ 378. Delivery and filing of papers in the city of
Neiv York. In the city of New York the package of protested,
void and wholly blank ballots and one set of returns with tally
sheets annexed, together with one of the poll books, shall be filed
by the chairman of the board of inspectors within twenty-four
hours after the completion of the canvass with the county clerk
of the county within which the election district is located, On«
set of returns with tally sheets annexed and the other poll book
shall be filed within such time with the board of elections or with
the chief clerk of the branch office of the board of elections, as the
case may be, in the borough within which the election district is
located, by an inspector designated by the board of inspectors for
that duty, and the third set of returns with the city clerk, by an
inspector designated by the board of inspectors for that duty.
In election districts in the city of New York, the boards of
inspectors of election must, at the same time that they make and
sign the aforesaid returns, make a certified copy of so much
thereof as relates to any candidate for member of assembly, sen-
ator, or representative in congress, voted for both in said election
district and in any part of any county not within the city of New
York, and such certified copy must, within twenty-four hours
after the completion of the canvass by the inspectors, be filed by
the chairmaii of the board of inspectors with the clerk of the
county outside of the city of New York in which such officers or
any of them are voted for at such election. lAs amended hy
chaps. 2^4 and 649, Laws of 1911, and chap. 821, Laws of 1913.]
§ 380. Delivery and filing of papers in tbe oonnty
of Erie* In the county of Erie one return with tally sheets
annexed shall be filed forthwith by one inspector deputed for that
purpose, with the clerk of the town, or the clerk of the city of
Buffalo, or the clerk of the city of Tonawanda, as the case may
be, and one return with the clerk of the county of Erie. The
package of protested, void and wholly blank ballots and the third
return with tally sheet annexed shall, within twenty-four hours
after the completion of such canvass, be filed by the chairman of
each board of inspectors with the commissioner of elections. All
214 The Election Law
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 4he clerk of such city, and those for the
towns in Erie county with the town clerks thereof. \_A8 amended
by chap. 821, Laws of 1913.] •
§ 381* Judicial investisation of ballots. If any state-
ment of the result of the canvass in an election district shall show
that any of the ballots counted at an election therein were pro-
tested or were canvassed as wholly blank or void, a writ of man-
damus may, upon the application of any candidate voted for at
such election in such district, within twenty days thereafter, issue
out of the supreme court to the board or body of canvassers, if
any, of the return of the inspectors of such election district^ and
otherwise to the inspectors of election making such statement, re-
quiring a recanvass of such ballots. If the court shall, in the
proceedings upon such writ, determine that any such ballot was
improperly canvassed, it shall order the error to be corrected.
Boards of inspectors of election districts, and boards of canvass-
ers, shall continue in office for the purpose of such proceedings.
[As amended by chap. 821, Laws of 1913.]
§ 382. Destruction of books, records and papers
relating to the elections. The officer or board with whom
the statement of the result, the returns with tally sheets annexed
together with the poll books of the election, the " identification
statements for election day," the register of electors and the pub-
lic copy thereof are filed after an election shall preserve the same
for at least two years after the receipt thereof and until all suits
or proceedings before any court or judge touching the same shall
have been determined. At the expiration of such time sucli
books, records and papers, except a poll book containing signa-
tures of electors, mav be destroyed by such officer. This section
shall not apply to a city of over one million inhabitants. [Added
by chap. 537, Laws of 1916.]
^ARTICLE 11
Voting^ Machines
Section 390. State voting machine commissioners.
891. Examination of voting machine.
392. Requirements of voting machine.
393. Adoption of voting machine.
* As renumbered by cbap. 800, Liaws of 1913.
Voting Machines 215
Section 394. Experimental use of voting machine.
395. Providing machines.
396. Payment for machines.
397. Form of ballots.
398. Sample ballots.
899. Number of oflBcial ballots.
400. Preparation of voting machine for election.
401. Instruction of election officers.
402. Instruction of voters before election.
403. Independent nominations.*
404. Distribution of ballots and stationery.
405. Tally sheets.
406. Unofficial ballots.
407. Opening the polls.
408. Independent ballots.
409. Location of machines; guard-rail.
410. Manner of voting.
411. Instructing voters.
412. Illiterate or disabled voters.
413. Canvass of vote and proclamation of result.
414. Disposition of irregular ballots ; and preserving th«
record of the machine.
415. Disposition of keys; opening counter compartment
416. Provision for re-canvass of vote.
417. Application of other articles and penal law.
418. When ballot clerks not to be elected.
419. Number of voters in election districts.
420. Definitions.
421. Saving clause.
§ 390. State voting machine comniissioners. There
shall be a state board of voting machine commissioners which shall
consist of three commissioners to be appointed by the governor
every five years, one of whom shall be an expert in patent law and
two of whom shall be mechanical experts. Their successive terma
of oflSce shall begin on the first day of January of every fifth year
dating from nineteen hundred and three and end on the thirty-
first day of December. Any commissioner now in office or here-
after appointed may be removed at the pleasure of the governor^
and vacancies shall be filled by the governor for any unexpired
term.
* Repealed by chap. 821, Laws of 1913.
216 The Election Law
!No voting machine commissioner shall have any pecuniary in-
terest in any voting machine.
§ 391. Examination of voting niachine. Any person
or corporation owning or being interested in any voting ma-
chine may apply to the state board of voting machine commis-
sioners to examine such machine an4 report on its accuracy, effi-
ciency and capacity to register the will of voters. The commission-
ers shall examine the machine and report accordingly. Their re-
port shairbe filed in the office of the secretary of state and shall
Btate whether in their opinion the kind of machine so examined can
be safely used by such voters at elections, under the conditions
prescribed 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-^xamination or
re-approval thereof. Any form of voting madxine not so approved,
or which has not been heretofore examined by said commissionera
and reported on pursuant to law and its use specifically au-
thorized by law, can not be used at any election. Each commis-
sioner is entitled to one hundred and fifty dollars fpr his compen-
sation and expenses in making such examination and report, to be
paid by the person or corporation applying for such examination
§ 392. Requirements of voting machine. A voting
machine approved by the state board of voting machine commis-
sioners must be so constructed as to provide facilities for voting
for such candidates as may be nominated. It must also permit
an elector to vote for any person for any office, whether or not
nominated as a candidate by any party or organization, and must
permit voting in absolute secrecy. Such machine shall also be so
constructed that an elector cannot vote for a candidate or on a
proposition for whom or on which he is not lawfully entitled to
vote. It must also be so constructed as to prevent voting for more
than one person for the same office, except where an elector is
lawfully entitled to vote for more than one person for that office,
and it must afford him an opportunity to vote for as many per-
sons for that office as he is by law entitled to vote for and no more,
at the same time preventing his voting for the same person twice.
It must be provided with a lock or locks, by the use of which im-
mediately after the polls are closed or the operation of siich
Voting Machines 217
machine for such election is completed, any movement of the vot*
ing or registering mechanism is absolutely prevented. It may
also be provided with a separate ballot in each party column or
row containing only the words " presidential electors " preceded
by the party name, and a vote for such ballot shall operate as a
vote for all the candidates of such party for presidential electors,
and shall be counted as such. \_As amended by chap, 649, Laws
of 1911, and chap. 821, Laws of 1913.]
§ 393. Adoption of voting machine. The board of
elections of the city of New York, the common council of any
other city, the town board of any town, or the board of trustees
of any village may adopt for use at elections any kind of voting
machine ap])roved by the state board of voting machine commis-
sioners, or the use of which has been specifically authorized by
law ; and thereupon such voting machine may be used at any or all
elections held in such city, town or village, or in any part thereof,
for voting, registering and counting votes cast at such elections.
Voting machines of different kinds may be adopted for different
districts in the same city, town or village.
§ 394. Experimental nse of voting machine. The
authorities of a city, town or village authorized by the last
section to adopt a voting machine may provide for the experi-
mental use, at an election in one or more districts, of a machine
which it might lawfully adopt, without a formal adoption thereof;
and its use at such election shall be as valid for all purposes
as if it had been lawfully adopted.
§ 395% Providing macliine*. The local authorities adopt-
ing a voting machine shall, as soon as practicable thereafter,
provide for each polling place one or more voting machines in
complete working order, and shall thereafter preserve and keep
them in repair, and shall have the custody thereof and of the furni-
ture and equipment of the polling place when not in use at an
election. If it shall be impracticable to supply each and every
election district with a voting machine or voting machines at any
election following such adoption, as many may be supplied as it
is practicable to procure, and the same may be used in such
election district or districts within the city, town or village as
the officers adopting the same may direct.
§ 306. Payment for machines. The local authorities,
on the adoption and purchase of a voting machine, may pro-
218 The Election Law
vide for the payment therefor in such manner as they may deem
for the best interest of the locality and may for that purpose issue
bonds, certificates of indebtedness or other obligations which shall
be a charge on the city, town or village. Such bonds, certificates
or other obligations may be issued with or without interest, payable
at such time or times as the authorities mav determine, but shall
not be issued or sold at less than par.
§ 397. Form of ballots. All ballots shall be printed in
black ink on clear, white material, of such size as will fit the ballot
frame, and in as plain, clear type as the space will reasonably per
mit. The party emblem for each political party represented on
the machine, which has been duly adopted by such party in ac-
cordance with this chapter, and the party name or other designa-
tion shall be affixed to the names, or, in case of presidential
electors, to the list of candidates of such party. Each party maj
be further distinguished by a stripe of color below the party em-
blem, which shall be adopted in the same manner as the party
emblem. The order of the lists or names of candidates of the
several parties or organizations shall be arranged as provided by
this chapter for blanket ballots, except that they may be arranged
either vertically or horizontally. When the same person has been
nominated for the same office to be filled at the election by more
than one party or independent body, all the provisions relating t«
the official ballot in this chapter shall apply and the voting ma-
chine shall be so adjusted that his name shall appear but once ou
the ballot. But in the case of a person so nominated, the name
and emblem of the party casting the highest number of votes for
governor at the last preceding election of a governor shall be at
the left of or above the names and emblems of other parties and
independent bodies uniting in the same nomination, and the
names and emblems of the latter parties shall follow in the order
of priority based on the relative party vote for governor at such
election, counting from left to right if the column be horizontal
and downward if the colunm be vertical. [As amended by chip,
649, Laws of 1911, chap. 821, Laws of 1913, and chap. 537,
Laws of 1916.]
§ 398. Sample ballots. The officers or board charged
with the duty of providing ballots for any polling place shall
provide therefor two sample ballots which shall be arranged
in the form of a diagram showing the entire front of the voting
machine as it will appear after the official ballots are arranged for
Voting Machines 219
votmg on election day. Such sample ballots shall be open to
public inspection at such polling place during the election day.
In all general elections where voting machines are used therJa
may be furnished a sufficient number of sample ballots of a re-
duced size, showino^ the key board of the voting machine as it
will appear after the official ballots are arranged for voting on
election day, with illustrations and brief instructions how to vote;
one of which sample ballots may be mailed by the county clerk to
each registereS voter at least three days before the election or
in lieu thereof, a copy of such sample ballot may be published
for one week pree;eding the election in newspapers representing
at least two political parties.
§ 399. Number of offlcial ballots. Four sets of ballots
shall be provided for each polling place for each election for use
in the voting machine.
§ 400. Preparation of voting machine for election.
The board of elections for each county and the city of New York
in which voting machines are to be used, shall cause the proper
ballot labels to be placed on the machines corresponding with the
sample ballots herein provided for, and the machine in every way
put in order, set, and arranged, ready for use in voting at such
election; and, for the purpose of so labeling, putting in order,
setting and arranging the machine, shall employ one or more
competent persons who shall be known as the voting machine cus-
todian, or custodians, who shall be sworn to perform their duties
honestly and faithfully, and for such purpose shall be considered
as officers of election, and shall be paid for the time spent in the
discharge of their duties, in the same manner as election officers
are paid. In cities where there are more than twenty voting
machines, more than one custodian shall be appointed. They shall
be selected from the two political parties entitled to representation
on a board of election officers. Said custodian, or custodians,
shall, under the direction of said board or officer having charge
and control of the election, cause the machine to be so labeled,
put in order, set, arranged, and delivered to the polling place
of the election district in which the election is to be held, together
with all furniture and appliances necessary for the proper con-
ducting of the election, at least one hour before the time set for
opening the polls on election day. In preparing a voting machine
for an election, the custodian shall, according to the printed
directions furnished, arrange the machine and the balloti therefor
220 The Election Law
so that it will in every particular meet the requirements for votiug
and counting at such election, and thoroughly test the same. Be-
fore preparing the voting machine for any election written notice
shall be mailed to the chairman of the city, or town committre
of at least three of the principal political parties, stating the time
and place where machines will be prepared, at which time one
representative of each of such political parties shall be afforded
an opportunity to see that the machines are in proper condition
for use in the election; such representatives shall be sworn to
faithfully perform their duties and shall be regarded as election
officials but shall not interfere with the custodians or assume anv
of their duties. When a machine has been so examined by sueh
representatives it shall be sealed with a numbered metal seal.
Slich representatives shall certify : to the number of the machines :
if all of the counters are set at 000; and the number registered
on the protective counter, if one is provided, and on the seaL
After the preparation of the machines, an officer or officers or
someone duly authorized, other than the pei-son who has prepared
them for the election, shall inspect each machine, and report ia
writing if all of the registering counters are set at zero (000 1,
and the machine is arranged in all respects in good order for th
election and locked, with the number registered on the protectiv
counter, if one is provided; and with the number on the seal.
When a voting machine has been properly prepared for electiot;.
it shall be locked against voting, and sealed ; and the keys thereof
shall be delivered to the board or official having charge and contra*'
of elections, together with a written report made by the custodia^i
of the machine on blanks furnished to him, stating that it is in
every way properly prepared for the election. All voting machin-es
shall be transferred to the polling places in charge of an hii-
thorized official, who shall certify to their delivery in good ordt r
After the machine has been delivered and set up ready for "ii> •
in the election at the polling place, it shall be the duty of tb-^
local authorities to provide ample protection against molestai !■.►:.
or injury to the machine. Every voting machine shall be 1\:t-
nished with a lantern, or a proper substitute for one, which s1a:u^ !
give sufficient light to enable electors while in the booth to rv-a 1
the ballot labels, and suitable for use by the election officers it:
examining the counters. The lantern shall be prepared in
order for use before the opening of the polls. All voting macli
used in any election shall be provided with a screen, ho^d, .-•"
curtain which shall be so made and adjusted as to compleTel'*
i^*
t»
' ?
Voting Machines 221
conceal the elector and his action while voting. [As amended hy
chap. 649, Laws of 1911.]
§ 401. Instmotion of election officers. Not later than
the first day of October in each year, the custodian, or custodians,
of the machine shall instruct each board of inspectors that is to
serve in an election district in the use of the machine, and in the
duties of inspectors of election in connection therewith; and he
shall give to each inspector of election that has received such in-
struction and is fully qualified to properly conduct the election
with the machine, a certificate to that effect. For the purpose of ^
giving such instruction, thd custodian shall call such meeting, or
meetings, of the inspectors of election as shall be necessary; but
such meetings shall not be called earlier than seven o'clock in the
afternoon. Such custodian shall without delay file a report with
the board or official in charge of elections, stating that he has
instructed the election officers, giving the names ^f such officers,
and the time and place where such instruction was given. The
inspectors of election of each election district in which a voting
machine is to be used, shall attend such meeting, or meetings, as
shall be called, for the purpose of receiving such instructions, con-
cemipg their duties as shall be necessary for the proper conduct
of the election with the machine. Each inspector of election that
shall qualify for and serve in the election, shall be paid one dollar
for the time spent in receiving such instruction, in the same man-
ner and at the same time as he is paid for his services on elec-
tion day. No inspector of election shall serve in any election
at which a voting machine is used, unless he shall have received
such instruction and is fully qualified to perform his duties in
connection with the machine, and has received a certificate to
that effect from the custodian of the machines; provided, how-
ever, that this shall not prevent the appointment of an inspector
of election to fill a vacancy in an emergency. [As amended by
chap. 649, Laws of 1911.]
§ 402. Instrnction of voters before election. In all
places where voting machines are to be used one or more
of such machines which shall contain the ballot labels,
showing the party emblems and title of offices to be voted for,
and which shall so far as practicable contain the names of the
candidates to be voted for, shall be placed on public exhibition
in some suitable place, in charge of a competent instructor, for,
three days during the thirty days next preceding the election;
222 TuE E1.ECT10N Law
but no voting machine which is to be assigned for use in an elec-
tion shall be used for such public instruction within five days
before the election. During public exhibition of any voting ma-
ehine for the instruction of voters previous to an election, the
counting mechanism thereof shall be concealed from view and
the doors may be temporarily opened only when authorized by
the board op official having charge and control of tho elections.
Printed instructions how to vote circulated to voters must con-
form to the instructions approved by the officials providing bal-
lots, and adapted to the machine used.
§ 404. Distribution of ballots and stationery. The
ballots and stationery shall be delivered to the board of in-
spectors of each election district before ten o'clock in the forenoon
of the day next preceding the election.
§ 405. Tally sbeets. In each election district where voting
machines are used, tally sheets shall be printed to conform with
the type of voting machine used, of a form approved by the secre-
tary of state. The designating number and letter on the counter
for each candidate shall be printed next to the candidate's name
on the tally sheets.
§ 406. Unofficial ballots. If the official ballots for an
election district at which a voting machine is to be used, ro-
auired to be furnished by or to any town, or city clerk, or board,
ball 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 manner, as near as may be, as the official ballots. Such bal-
lots so substituted shall be known as unofficial ballots.
§ 407. Opening tbe polls. The inspectors of election
and poll clerks of each district shall meet at the polling place
therein, at least three-quarters of an hour before the time set for
the opening of the polls at each election, and shall proceed to a^
range within the guard-rail the furniture, stationery and voting
machine for the conduct of the election. The inspectors of election
,8hall then and there have the voting machine, ballots and station-
ery required to be delivered to them for such election ; and if it be
Voting Machiites 223
an election at which registered voters only can vote, the registry
of such voters 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 lan-
guage, 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. The keys to the voting machine shall be delivered to
the election officers three-quarters of an hour before the time set
for opening the polls, in a sealed envelope, on which shall be
written or printed the number and location of the voting ma-
chine ; the number on the seal ; and, if provided with a protective
counter, the number registered on such counter, as reported by
the custodian. The envelope containing the keys shall not be
opened until at least one inspector from each of two political
parties shall be present at the polling place and shall have ex-
amined the envelope to see that it has not been opened. Before
opening the envelope all election officers present shall examine
the number on the seal on the machine, also the number regis-
tered on the protective counter, if one is provided, and shall see
if they are the same as the numbers written on the envelope
containing the keys. If found not to agree, the envelope must
not be opened until the custodian, or other authorized person,
shall have been notified and shall have presented himself at the
polling place for the purpose of reexamining such machine and
shall certify that it is properly arranged. If the numbers on
the seal and protective counter, if one is provided, are found to
agree with the numbers on the envelope the inspectors shall pro-
ceed to open the doors concealing the counters. Before the polls
are open for election, each inspector shall carefully examine
every counter and see that it registers zero, and the same shall
be subject to the inspection of the official watchers. The ma-
chine shall remain locked against voting until the polls are
formally opened and shall not be operated except by voters
in voting. If any counter for a candidate is found mot to
raster zero (000), the inspectors of election shall immediately
notify the custodian, who shall adjust the counter at zero.
§ 408. Independent ballots. Ballots voted for any person
whose name does not appear on the machine as a nominated candi-
date for office, are herein referred to as irregular ballots. Where
224 The Election Law
two or more persons are to be elected to the same office, and each
candidate's name is placed upon or adjacent to a separate key or
device, and the machine requires that all irregular ballots voted
for that office be deposited, written or affixed in or upon a single
receptacle or device, a voter may vote in or by such receptacle or
device for one or more persons whose names do not appear upon
the machine with or without the names of one or more persona
whose names do so appear.
In voting for presidential electors, a voter may vote an
irregular ticket made up of the names of persons in
nomination by different parties, or partially of names of persons
60 in nomination and partially of names of persons not in nomina-
tion, or wholly of names of persons not in nomination by any party.
Such irregular ballot shall be deposited, written or affixed in or
upon the receptacle or device provided on the machine for that
purpose.
With these exceptions, no irregular ballot shall be voted for
any person for any office whose name appears on the machine
as a nominated candidate for that office; any irregular ballot
so voted shall not be counted. An irregular ballot mufit be cast
in its appropriate place on the machine, or it shall be void and not
counted.
§ 400. Location of macliines; gnard-rail. The ex-
terior of the voting machine and every part of the polling place
shall be in plain view of the election officers and watchers. The
voting machine shall be placed at least four feet from the poll
clerk's table. A guard-rail shall be constructed at least three
feet from the machine, Tvith openings to admit voters to
and from the machine. The voting machine shall be so located
in the polling place that, unless its construction requires other-
wise, the ballot labels on the face of the machine can be plainly
seen by the election officers and the party watchers when not in
use by voters. The election officers shall not themselves be, or
permit any other person to be, in any position or near any posi-
tion, that will permit one to see or ascertain how a voter votes,
or how he has voted. The election officer attending the machine
shall inspect the face of the machine after each voter has cast
his vote, to see that the ballot labels are in their proper places
and that the machine has not 'been injured. During elections
the door or other covering of the counter compartment of the
machine shall not be unlocked or opened or the counters exposed
«xcr.'pt for good and sufficient reasons, a statement of which AbM
Voting Machines 226
be made and signed by the election officers and sball be sent
with the returns.
§ 410. Manner of voting. After the opening of the polls,
the inspectors shall not allow any voter to pass within the guard-
rail until they have ascertained that he is duly entitled to vote.
Only one voter at a time shall be permitted to pass within the
guard-rail to vota The operating of the voting machine by the
voter while voting shall be secret and obscured from all other per-
sons except as provided by this chapter in cases of voting by as-
sisted voters. No voter shall remain within the voting machine
booth longer than three minutes, and if he shall refuse to leave it
after the lapse of three minutes, he shall be removed by the
inspectors. {As amended by chap. 821, Laws of 1913.]
§ 411. Infltmcting voters. In case any voter after enter-
ing the voting machine booth, and before the closing of such booths,
shall ask for further instructions concerning the manner of voting,
two inspectors of opposite political parties shall give such instruc-
tions to him; but no inspector or other election officer or person
assisting a voter shall in any manner request, suggest or seek to
persuade or induce any such voter to vote any particular ticket,
or for any particular candidate, or for or against any particular
amenHment, question or proposition. After giving such instruc-
tions, the inspectors shall retire and such voter shall then close
the booth and vote as in the case of an unassisted voter.
[Amended by chap, 537, Laws of 1916.]
§ 412. Illiterate or disabled voters. The provisions
of sections one hundred and sixty-four and three himdred and
fifty-seven of this chapter, shall apply also when ballot machines
are used, and the word " booth " when used in such sections, shall
be interpreted to include the ballot machine inclosure or curtain.
§ 413. Canvass of vote and proclamation of result.
There shall be printed directions in the statement of canvass to the
election officers for their guidance before the polls are opened and
when the polls are closed; a certificate of which shall be signed
by the election officers before the polls are opened, showing the
delivery of the keys in a sealed envelope ; the number on the seal ;
the number registered on the protective counter, if one is pro-
vided; if all of the counters are set at zero (000) ; if the public
counter is set at zero (000) ; if the ballot labels are properly
placed in the machine. Also a certificate which shall be filled <nit
8
226 Tub Election Law
after the polls have been closed, that the machine has been locked
against voting and sealed; the number of electors as shown on
the public counters ; the number on the seal ; the number registered
on the protective counter, if one is provided ; and that the voting
machine is closed and locked. The inspectors' return and state-
ment of canvass shall show the 4x)tal number of votes cast for each
office, the number of votes cast for each candidate, as shown on
his counter, and the number of votes for persons not nominated,
which shall be certified by the board of inspectors. As soon as the
polls of the election are closed, the inspectors of election thereat
shall immediately lock the voting machine against voting, and
open the counting compartments in -the presence of the watchers
and all other persons who may be lawfully within the polling
place, giving full view of all the counter numbers. The chairman
of the board of inspectors shall, under the scrutiny of an in-
spector of a different political party, in the order of the offices^
as their titles are arranged on the machine, read and announce in
distinct tones the designating number and letter on each counter
for each candidate's name, the result as shown by the counter
numbers, and shall then read the votes recorded for each office on
the irregular ballots. He shall also, in the same manner announce
the vote on each constitutional amendment, proposition or other
question. The counter shall not in the case of presidential electors
be read consecutively along the paisty row or column, but shall
always be read along the office columns or rows, completing the
canvass for each office. The vote as registered shall be entered bv
the clerks on the tally sheet in ink, in the same order on the space
which has the same designating number and letter. After copy-
ing the vote from the tally sheets on the returns, the figures shall
be verified by being called off in the same manner from the
counters of the machine by an inspector of a different political
party. The counter compartment of the voting machine shall
remain open until the official returns and all other reports have
been fully completed and verified by the election board. During
such time any candidate, watcher, or challenger of any party or
independent body duly accredited as provided by section three
hundred and fifty-two of the election law who may desire to be
present shall be admitted to the polling place. The proclamation
of the result of the votes cast shall be deliberately announced in
a distinct voice by the chairman of the board of inspectors who
shall read the name of each candidate, with the designating niun-
ber and letter of his counter, and the vote registered on such
Voting Machhtes 227
counter; also the vote cast for and against each question submit-
ted. During such prodamation ample opportunity shall be given
to any person lawfully present to compare the results so aur
nounced with the counter dials of the machine and any necessary
corrections shall then and there be made by the election boards
after which the doors of the voting machine shall be closed and
locked.
Before adjourning the board shall, with the seal provided there*
for, so seal tiie operating lever of the machine that the voting and
counting mechanism will be prevented from operation. ]_A3
amended by cliap, 240, Laws of 1909, chap, 649, Laws of 1911,
and chap. 821, Laws of 1913.]
§ 414. DispoAition of irregular "ballots; and pre-
serving tlie record of the macliine. The inspectors of
election shall, as soon as the count is completed and fully
ascertained as in this chapter required, lock the ma-
chine against voting, and it shall remain so for the period of
three months, except as provided by section four hundred and
sixteen of this chapter and except that it may be opened and all
the data and figures therein examined upon the order of any court
of competent jurisdiction or may be opened by direction of a com-
mittee of the senate or assembly to investigate and report upon
contested elections of members of the legislature voted for by the
use of such machine and such data and figures examined by such
committee in the presence of the officer having the custody of
such machine. Any candidate shall be entitled on application
to the supreme court and on reasonable grounds shown to have
any machine in or upon which he was named as a candidate
opened and all the data and figures therein examined by him
or his authorized agents, but the court shall prescribe such con-
ditions as of notice to other candidates or oliierwise as it shall
deem necessary and proper. Whenever irregular ballots have been
voted, the inspectors shall return all of such ballots in a prop-
erly secured sealed package indorsed "irregular ballots," and
file such package with the original statement of canvass. It shall
be preserved for six months after such election, and may be
opened and its contents examined only upon order of the supreme
court or a justice thereof, or a county judge of such county, or by
direction of such a committee of the senate and assembly if the
ballots relate to the election under investigation by such com-
znittee, and at the expiration of such time, such ballots may be
228 The Election Law
disposed of in the discretion of the officer or board having charge
of them. [Amended by chap. 537, Laws of 1916.]
§ 415. Disposition of keys; opening counter eoniF
partment. The keys of the machine shall be enclosed in an
envelope which shall be supplied by the officials, on which
shall be written the number of the machine and the dis-
trict and ward where it has been used, which shall be securely
sealed and indorsed by the election officers, and shall be so re-
turned to the officer from whom they were received. The number
on the seal and the number registered on the protective counter, if
BO provided, shall be written on the envelope containing the
keys. All keys for voting machines shall be kept securely locked
by the officials having them in charge. A public officer who, by
any provision of law, is entitled to the custody of a machine for
any period of time, shall be entitled to the keys therefor while such
machine is in his charge. It shall be unlawful for any unau-
thorized person to have in his possession any key or keys of anv
voting machine ; and all election officers, or persons entrusted with
such keys for election purposes, or in the preparation of the
machine therefor, shall not retain them longer than necessary to
use them for such legal purpose. All machines shall be boxed
and collected as soon after the close of the election as possible,
and the machines, and the boxes for the machines, shall at all
times be stored in a suitable place. [As amended by chap. 4^65,
Laws of 1909, and chap. 637, Laws of 1916.]
§ 416. Provision for re-canvass of vote. Whenever
it shall appear that there is a discrepancy in the retuma
of any election district, the county board of canvassers shall sum-
mon the inspectors of election thereof and said inspectors shall,
in the presence of said board of canvassers, or a bi-partisan com-
mittee thereof, make a record of the number on the seal and the
number on the protective counter, if one is provided, open the
counter compartment of said machine, and without unlocking
said machine against voting, shall re-canvass the vote cast
thereon. Before making such re-canvass the county board of
canvassers shall give notice in writing to the custodian and to
the county chairman of each political party or nominating body
that shall have nominated candidates for the election, of the
time and place where said re-canvass is to be made ; and each of
Voting Machines 229
such political parties or nominating bodies may send two repre-
sentatives to be present at such re-canvass. If, upon such r^
canvass, it shall be found that the original canvass of the returns
has been correctly made from the machine, and that the dis-
crepancy still remains unaccounted for, the county board of can-
vassers, or said committee thereof, with the assistance of the
custodian of said machine, shall, in the presence of the inspect-
ors of election and the authorized representatives of the several
said political parties or nominating bodies, unlock the voting
and counting mechanism of said machine and shall proceed to
thoroughly examine and test the machine to determine and re-
veal the true cause or causes, if any, of the discrepancy in the
returns from said machine. Before testing the counters they
shall be reset at zero (000) after which each counter shall be
operated at least one hundred times. After the completion of
said examination and test, the custodian shall then and there
prepare a statement in writing giving in detail the result thereof,
and said statement shall be witnessed by the persons present and
shall be filed with the secretary of the county board of can-
vassers. But nothing contained in this section shall authorize any
change in the returns filed by inspectors of election in any election
district nor authorize any board of canvassers in any wise to con-
sider or act upon any re-canvass of votes made pursuant thereto.
[Amended by chap. 537, Laws of 1916.]
§ 417. Application of other articles and penal laixr.
The provisions of the other articles of this chapter apply as far as
practicable to voting by voting machines, except as herein provided.
The provisions of the penal law and of this chapter relating to
misconduct at elections shall apply to elections with voting ma-
chines. Any person who shall before or during an election tamper
with any voting machine; or who shall interfere or attempt to
interfere with the correct operation of the voting machine, 6r the
secrecy of voting; or shall wilfully injure a voting machine to
prevent its use; or, any election or police ofiicer or anyone em-
ployed to assist in the care or arrangement of the voting machine,
who shall permit any person to violate the secrecy of the voting, or
to interfere in any way with the correct operation of the voting
machine; or any unauthorized person who shall make or have in
his possession a key to a voting machine that has been adopted
and will be used in elections in this state shall be guilty of a
felony, punishable by imprisonment in a state prison for not
less than one year nor more than five years.
230 The Elsctios^ Law
§ 418. Wl&en ballot elerks not to be eleetecL Ballot
clerks shall not be elected or appointed for any district fox
which a voting machine shall have been adopted, and whi<^ will
be supplied and ready for use at the next election to be held
therein.
§ 419. Number of voters In eleetion 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
four hundred and fifty voters each. Such redistricting or re-
division may be made at any time after any November election
and on or before August fifteenth following, to take effect on the
sixth Wednesday before the next general election. Wherfe such re-
districting or redivision shall be made in any town, the board mak-
ing the same shall, on or before September first following, wp-
point from the inspectors of election then in office (if sufficient
therefor are then in office, and, if not, from persons not in office,
sufficient to make up the requisite number), to take effect cm or
before the first day of registration thereafter and not earlier than
the second Wednesday following the next fall primary, four
inspectors of election for each election district thus created, who
shall be equally divided between the two parties entitled to repre-
sentation on said boards of inspectors. Thereafter no redivision
of such election district shall be made for elections by such ma-
chines until at some general election the number of votes cast in
one or more of such districts shall exceed five hundred. But the
town board of a town in which such machines are used may alter
the boundaries of the election districts at any time after a general
election and on or before August fifteenth following, to take effect
on the sixth Wednesday before the next general election, provided
that the number of such election districts in such town shall not
be increased or reduced, and the number of votes to be cast in any
district whose boundaries are so altered shall not exceed five
hundred.
If the creation, division or alteration of an election district ij!
rendered necessary by the creation, division or alteration of a
town, ward or city or rendered necessary or occasioned by the
division of a cotinty into assembly districts after a reapportiw*-
ment by the legislature or members of assembly, such creation,
division or alteration of an election district shall be made and
Voting Machines 231
shall take effect immediately; and inspectors of election for the
new election districts, as so created, divided or altered, shall be
appointed, in the manner provided by law, a reasonable time be-
fore the next official primary or meeting for registration and
such appointments shall take effect immediately. [Ab cumended
hy chap, 244, Laws of 1914, and chap. 537, Laws of 1916.]
§ 420. Definitions. The list of candidates used or to be
used on the front of the voting machine shall be deemed official bal-
lots under this chapter for an election district in which a votiuii;
machine is used pursuant to law. The word " ballot " as used
in this article, (except when reference is made to irregular bal-
lots) means that portion of the cardboard or paper or other
material within the ballot frames containing the name of the
candidate and the emblem of the party organization by
which he was nominated, or a statement of a proposed consti-
tutional amendment, or other question or proposition with the
word " Yes " for voting for any question or the word " No "
for voting against any question. The term " question " shall
mean any constitutional amendment, proposition, or other ques-
tion submitted to the voters at any election. The term " ballot
label " shall mean the printed strips of cardboard containing tlio
names of the candidates nominated, and the questions submitted.
The term " irregular ballot " shall mean a vote cast, by or on a
special device, for a person whose name does not appear on the bal-
lot labels. The term " voting machine custodian " shall mean the
person who shall have charge of preparing and arranging the vot-
ing machine for elections. The term " protective counter " shall
mean a separate counter built into the voting machine which can-
not be reset, which records the total number of movements of the
operating lever. [As amended hy chap. 821, Laws of 1913.]
§ 421. Saving: olanse. Nothing herein shall be deemed to
prohibit the adoption or use of any voting machine at any elec-
tion within any town, city or village that has adopted the same
prior to the tenth day of December, nineteen hundred and thir-
teen, if the mechanism is or may be made adjustable to conform
to the grouping of candidates under the title of the office, but
the method of conducting an election therewith shall be in the
manner prescribed by this chapter. [As amended by chap. 821,
Laws of 1913.]
232 The Election Law
^ARTICLE 12
Boards of Canvassers
Section 430. Organization of county board of canvassers.
431. Production of returns and tallv sheets.
432. Correction of clerical errors in election district
statements.
433. Mandamus to county or state boards of canvassers
to correct errors.
434. Proceedings of state board of canvassers upon cor-
rected statements of county boards.
436. Mandamus to state board to canvass corrected state-
ments of county boards.
t.
436. Proceedings upon corrected statements.
43 Y. Statements of canvass by county boards; preserva-
tion of protested, void and wholly blank ballots.
438. Decisions of county boards as to persons elected.
489. Transmission of statements of county boards to
secretary of state and board of elections.
440. Organization and duties of board of canvassers of
the city of New York,
441. Organization of state board of canvassers.
442. Canvass by state board.
443. Certificates of election.
444. Pecord in office of secretary of state of county
officers elected.
§ 430. Organization of county board of canvassers.
The board of supervisors of each county shall be the county
board of canvassers of such county. The county board of can-
vassers of each countv within the citv of New York shall consist
of the members of the board of aldermen of the city of New
York elected as such within the county. The said county boards
of canvassers shall also within their respective counties bo the
city board of canvassers of such city. The county board of C4in-
vassers of a county cont?aining a city or cities shall be the city
board of canvassers of suoh city or cities, except that the board
of aldermen of the city of Buffalo shall be the city board of
canvassers for such city. The county board of canvassers of
^Ag renumbered by chap. SOO, Laws of 1913.
Board of Cantassess 233
the respective counties shall meet on the Tuesday next after
each election of public oflScers held in such county other than
an election of town, .city, village or district school oflSoers held
at a different time from a general election. The board of county
canvassers shall meet at the usual place of meeting of the board
of supervisors, except that in a county wholly included in the city
of New York such boai*d of county canvassers shall meet at the
office of the county clerk. Upon such meeting they shall choose
one of their number chairman of such board. In a county having
a single commissioner of elections, instead of a board of elections,
such commissioner shall be the secretary of the board of county
canvassers. In a county wholly included within the limits of the
city of New York and in a county, if any, in which the general
powers and duties of a county board of elections is devolved upon
the county clerk by this chapter, the county clerk, or if he be
absent or unable to act, a deputy county clerk designated by the
clerk, shall be secretary of the board of county canvassers. In
every other county of the state the president of the board of elec-
tions shall be the secretary of the board of county canvassers, or if
he be absent or unable to act, the secretary of such board shall bo
the secretary of the board of county canvassers. When a chair-
man of the board of county canvassers shall have been clK)sen,
as above provided, the secretary of such board shall thereupon
administer the constitutional oath of office to the chairman, who
shall then administer such oath to each member, and to the sec-
retary of the board. A majority of the members of any board of
canvassers shall constitute a quorum thereof. If, on the day fixed
for such meeting, a majority of any such board shall not attend,
the members of the board then present shall elect the chairman
of the board and adjourn to some convenient hour of the next day.
If such board, or a majority thereof, shall fail or neglect to meet
within two days after the time fixed for organizing such board,
the supreme court, or any justice thereof, or county judge within
such county, may compel the members thereof by writ of man-
damus to meet and organize forthwith. [Ast amended hy chap.
432, Laws of 1910, and chap. 537, Laws of 1916.]
§ 431. Production of returns and tally sheets. As
soon as- such board of county canvassers shall have been organized,
the ofBcer with whom thev were filed shall deliver to such board of
canvassers all the returns with tally sheets annexed containing
the original statements of canvass received from inspectors of elec-
tion for districts within the county for which said board are
234 The Election Law
county or city canvassers. The original statements which have
been delivered to members of the board of canvassers shall then be
delivered to the board. If any member of the county board of
canvassers shall be unable to attend the first meeting of such
board, he shall, at or before such meeting, cause to be delivered
to the secretary of such board any original statement that may
have come into his possession. If, at the first meeting of a county
board of canvassers of any county, all returns with tally sheets an-
nexed so required to be produced shall not be produced before
the board, it shall adjourn to some convenient hour of the same
or the next day, and the secretary of such board shall, by special
messenger or otherwise, obtain such missing returns, if possible,
otlierwise he shall procure the other set of returns with tally sheets
annexed, or, failing that, the third set of returns without tally
sheets, in time to be produced before such board at its next meeting.
At such first meeting, or as soon as an original statement of the re-
sult of the canvass of the votes cast at such election in everv elec-
tion district of the county shall be produced before such board,
the board shall proceed to canvass the votes cast in such county at
such election. [As amended by chap. 821, Laws of 1913, and
chap, 537, Latvs of 1916.]
§ 432. Correction of clerical errors in election dis-
trict statements. If, upon proceeding to canvass such votes,
it shall clearly appear to any county board of canvassers that
certain matters are omitted from any such statement which should
have been inserted, or that any merely clerical mistakes exist
therein, they shall have power, and such power is hereby given, to
summon the election officers whose names are subscribed thereto
before such board, and such election officers shall forthwith meet
and make such correction as the facts of the case require; but snch
election officers shall not change or alter any decision before made
by them, but shall only cause their canvass to be correctly stated
The board of coimty canvassers may adjourn from day to day not
exceeding three days in all, for the purpose of obtaininjij and re-
ceiving such corrected statements. [As amended by chap. 821,
Laws of 1913.]
§ 433« Mandamns to connty or state boards of can*
vassers to correct errors. The supreme court may, upon
affidavit presented by any voter, showing that errors have occurred
in any statement or determination made by the state board of can-
vassers, or by any board of county canvassers, or that any saeh
BoABD OF Canvassebs 235
board has failed to act in conformity to law, make an order requir-
ing such board to correct such errors, or perform its duty in the
manner prescribed by law, or show cause why such correction
should not be made or such duty performed. If such 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 pur-
pose 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 cor-
rected statements had been a part of the originals required by law.
A special proceeding authorized by this section must be com-
menced within four months after 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 particu-
lar or particulars as to which it is claimed to have failed to per-
form its duty.
§ 434. Proceedings of state board of canvassers
npon corrected statements of county boards. When
a new or corrected statement or certificate, made by a board
of county canvassers under the provisions of the preceding sec-
tion, shall vary from the original statement or certificate with
reference to votes for the offices of governor, lieutenant-governor,
judge of the court of appeals, justice of the supreme court,
secretary of state, comptroller, state treasurer, attorney-general,
state engineer and surveyor, senator or representative in
congress, or any of them, the count}' clerk, or other officer with
whom the same is filed, shall forthwith prepare and transmit
certified copies thereof to the officials mentioned in section four
hundred and thirty-nine of this article, in tho manner therein
prescribed. The secretary of state shall thereupon file in his office
the certified copy received by him, and obtain from the governor
and comptroller the certified copies received by them, or either of
them, and file the same in his office. He shall then, and within
five days after any such certified copy has been received by him.
236 The Election Law.
appoint a meeting of the state canvassers to be held at lii» office,
or the office of the state treasurer or comptroller, and the said
board of state canvassers shall, from such certified copies,
proceed to make a new statement of the whole number of
votes given at the election referred to in such statement for the
various offices above mentioned, or anv of them, so far as the
number of votes for any particular office or candidate has been
changed by such new or corrected statement in the manner pro-
vided by section four hundred and forty-two of this article. Upon
the new or corrected statement thus made, the said board of stAte
canvassers shall then proceed to determine and declare what per-
son or persons whose votes are affected by such new or corrected
statement have been, by the greatest number of votes, duly elected
to the various offices, or any of them, and the statement, certificate
and declaration thereupon made shall stand in lieu of the original
statement, declaration and certificate so far as the latter are
changed by the former.
§ 435. Mandamus to state board to canvass cor*
rected statements of county boards. The supreme court
shall, upon application of a candidate interested in the result of
Buch new or corrected statement, or of any voter in the
county from which such statement came, and upon proof by affi-
davit that the same had been made and filed as herein provided,
and that the state board of canvassers has neglected or refused to
act thereon within the time above prescribed, require said board
to act upon such new or corrected statement, and canvass the
Bame 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 afore-
said, the court may compel such board by writ of mandamus to
act upon and canvass such new or corrected statement, and make a
statement, certificate and declaration in accordance therewith; and
if the state board of canvassers shall have made a determination,
and adjourned or dissolved before receiving such new or corrected
statement, the court may compel such board to reconvene for the
purpose of carrying out its order and direction ; and for that pur-
pose the meeting of said board shall be deemed a continuance of its
regular session.
§ 436. Proceedings upon corrected statements. The
state board of canvassers and the secretary of state shall re-
spectively have the same powers and discharge the same duties
Board of Canvassees 237
with reference to new or corrected statements, that thev have and
are charged with with reference to original statements.
§ 437. Statements of canvass by eonnty boards;
preservation of protested, void and wboUy blank
ballots* Upon the completion by a county board of canvassers
of the canvass of votes of which original statements of canvass are
by law required to be delivered to them, by the boards or officers
with whom the same may have been filed by the inspectors of
election, they shall make separate statements thereof as follows:
1. One statement of all such votes cast for each office of elector
of president and vice-president of the United States.
2. One statement of all such votes cast for each state office, to
include, in the case of a candidate for governor who was nominated
by two or more parties or independent bodies, a separate state-
ment of the number of votes cast for him as the candidate of each
party or independent body by which he was nominated.
3. One statement of all such votes cast for each office of repre-
sentative in congress, except that the board of canvassers in the
county of New York shall not make a statement of the votes cast
in any election district in said county, for any candidate for the
office of assemblyman, senator or representative in congress, the
candidates for which were also voted for by voters in election
districts in any county not within the city of New York.
4. One statement as to all such votes cast upon every proposed
constitutional amendment or other proposition or question duly
submitted to all the voters of the state.
5. One statement as to all the votes cast for all and each of the
candidates for each office of member of assembly for which the
voters of such county or any portion thereof, except as provided
in paragraph numbered three in this section, were entitled to vote
at such election.
6. One statement as to all the votes cast for each county office,
and office of school commissioner, for which the voters of such
county, or any portion thereof, were entitled to vote at such elec-
tion, and to be canvassed by them.
7. One statement as to all the votes, if any, upon any proposi-
tion or question upon which only the voters of such county were
entitled to vote at such election.
8. In the counties wholly or partly within the city of New
York, the respective county boards shall make a separate state-
ment as to the votes, if any, so cast upon any proposition or ques-
238 The Election Law
tdon upon which only the voters of sitch 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 votes cast for all the candidates for each such office;
and if any such office was to be filled at such election by the voters
of a portion only of a county, all the votes cast for all the candi-
dates for each office in any such portion of a county, designating
it by its proper district number or other appropriate designation ;
the name of each such candidate ; the number of votes so cast for
each, and, in the case of a candidate for governor who was nomi-
nated by two or more parties or independent bodies, the number
separately stated of votes cast for him as the candidate of each
party or independent body by which he was nominated ; and the
whole number of votes so cast upon any proposed constitutional
amendment or other proposition or question, and all the votes so
cast in favor of and against the same respectively. In the counties
wholly or partly within the city of Xew York, the respective
county boards shaH make a separate statement of the votes east
for all the city offices voted for by the voters of such city or any
portion thereof, within such counties.
The statements required by this section shall each be certified
as 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 board of elections of each county except in the counties wholly
within the city of New York, and in such counties they shall be
filed in the office of the county clerk. When the whole canvass
shall be completed, all original statements of canvass used thereat
shall be filed in the office of the secretary of the board, who shall
file a report of such canvass with the board of supervisors, except
in counties wholly within a city of the first class. The original
statement of canvass not used at the canvass and the padcages of
protested, void and wholly blank ballots shall be retained in the
office in which or by the officer with whom they were filed, except
as otherwise expressly provided by law. The packages of pro-
tested, void and wholly blank ballots shall be retained inviolate in
the office in which they are filed subject to the order and examina-
tion of a court of competent jurisdiction, or to examination by a
committee of the senate or a^emblv to investigate and report on a
contested election of member of the legislature where sudb ballots
were cast at such election, and may be destroyed at the end of six
months from the time of the completion of such canvass^ unless
otherwise ordered by a court of competent jurisdicti<m or unleea
BoAjEu^ OF Cantassess 239
such committee examination be pending. \As amended by chap,
821, Laws of 1913, chap. 244, Laws of 1914, and chap. 537, Laivg
of 1916.]
§ 438. Decisions of county boards as to persons
elected. Upon the completion of the statements required by
the preceding section the board of canvassers for each county shall
determine what person has by the greatest number of votes been so
elected to each office of member of assembly to be filled by the
voters of each county for which they are county canvassers If con-
stituting one assembly district, or in each assembly district tlierein,
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 elec-
tion in each district. The board of elections of the county of
Hamilton shall forthwith transmit to the board of elections of the
county of Fulton a certified copy of the statement so filed and
recorded in its office of the eountv 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 assembly of the assembly district composed of Fulton and Ham-
ilton counties; and the board of elections of Fulton county shall
forthwith deliver the same to the Fulton county board of 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 nimiber
of votes to such office. Such board of each county shall determine
whether any proposition or question submitted to the voters of
such county only has by the greatest number of. votes been adopted
or rejected.
All such determinations shall be reduced to writing and
signed by the members of such board, or a majority of them, and
filed and recorded in the office of the board of elections of such
county, except in the counties wholly within the city of Xew York,
and in such counties the county clerk, who or which shall each
cause a copy thereof, and of the statement filed and recorded in
his or its office, upon which such determination was based, to be
published in accordance with the provisions of the laws of ei^-
teen hundred and ninety-two, chapter six hundred and eighty-six,
sections twenty-one and twenty-two.
The board of elections of each county, except in the counties
240 The Eljxjtion Law
wholly within the city of New York, aiwi in sudi counties the
county clerk, shall prepare as many certified copies of each certifi-
cate of the determination of the county board of canvassers of such
county as there are persons declared elected in such certificate,
and shall, without delay, transmit such copies to the persons
therein declared to be elected, respectively. [Amended by chap.
537, Laws of 1916.]
§ 439. Transmission of statements of eounty biMurds
to secretary of state and board of elections. Upon the
filing in the office of the county clerk or board of elections of a
statement of the county board of canvassers as to the votes east
for candidates for the offices of electors of president and vice-
president, or as to the votes cast for candidates for state officers,
except members of assembly, and for representatives in congress,
or as to the votes cast on any proposed constitutional amendment or
other proposition or question submitted to all the voters of the
state, such county clerk or board of elections shall forth-
with make two certified copies of each such statement, and,
within five days after the filing thereof in his or its office, trans-
mit by mail one of such copies to the secretary of state, and one
to the comptroller of the state. The comptroller shall forthwith
upon the receipt thereof deliver such certified copy to the secre-
tary of state. If any certified copy shall not be received by the
secretary of state on or before the last day of Xovember next after
a general election, or within twenty days after a special election,
he shall dispatch a special messenger to obtain such certified copy
from the county clerk or board of elections required to transmit tiie
same, and such county clerk or board of elections shall immediately
upon demand of such messenger at his or its office make and de-
liver a certified copy to such messenger who shall, as soon as
practicable, deliver it to the secretary of state.
The board of elections of each county, except a county wholly
within the city of Xew York, and in any such county the county
clerk, shall transmit to the secretary of state within twenty days
after a general election, and within ten days after a special elec-
tion, a list of the names and residences of all persons determined
by the board of county canvassers of such county to be elected
member of assembly, or to any county office ; and on or before the
fifteenth day of December in each year a certified tabulated state-
ment of the official canvass of the votes cast in each such countv bv
election districts for candidates for governor, lieutenant-governor,
secretary of state, comptroller, treasurer, attorney-general, state
BoABD OF Caxyasskrs 241
4
engineer and surveyor and United States senator, or any proposed
constitutional amendment or other proposition, at the last preced-
ing general election, to include, in the case of a candidate for gov-
ernor who was nominated by two or more parties or independent
bodies, a separate statement of the number of votes cast for him
as the candidate of each party or independent body by which he
was nominated.
Upon the filing in the office of the county clerk of a county
wholly or partly within the city of New York of a statement of
the -county board of canvassers as to the votes cast for candi-
dates for a city office within such city, such county clerk shall
forthwith make a certified copy of each such statement and, within
five days after the filing thereof in his office, deliver in a sealed
envelope such certified copy to the board of elections of the city
of New York ; on or before the fifteenth day of December in any
year in which there shall have been an election for a city office
for which votes were cast in a countv within the citv 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, [As amended by
chap. 244, Laws of 1914, and chap. 537, Laws of 1916.]
§ 440. Organization' and duties of board of can-
vassers 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 boards of
canvassers of the counties within such city of the votes cast in
such city or any portion thereof for a city office or upon any
proposition or question upon which only voters of such city
were entitled to vote. The members of the board of elections
shall meet at the usual place for holding their regular meeting;
on the first Monday in December succeeding a general election
for a city office within such city and within thirty days after a
special election, and shall organize by selecting one of the mem-
bers as chairman. The secretary of the board of elections of the
city of New York shall be the secretary of the board so organized,
or if he be unable to serve the board may appoint a chief clerk to
be such secretary. The secretary shall thereupon administer to
the chairman the constitutional oath of office and the cliairman
shall administer such oath to the members of such board and the
secretary thereof.
242 The Election Taw
As soon as such board shall have organized the secretary shall
deliver to such board the certified copies of the statements of the
county board of canvassers of each county wholly or partly
within such city of the votes cast for candidates for city office
within such city and upon any proposition or question, if any,
submitted to the voters of such city only, and the said board shsdl
proceed to canvass such statements. If a certified copy of any
statement of any county board required to be delivered to said
board shall not be delivered prior to the meeting and organ-
ization of said board, it may *adjbrun such meeting from -day
to day not exceeding a term of five days, and it shall be the duty
of the secretary to procure from the county clerk of such county
the required certified copy of such statement.
Upon the completion of such canvass said board shall make
separate tabulated statements signed by the members of such board
or a majority thereof, and attested by the secretary, of the whole
number of votes cast for all the candidates for each office shown
by such certified copies to have been voted for, the whole number
of votes cast for each of such candidates, the number of votes cast
in each county for them, and if the voters of only a part of a
county were entitled to vote for such candidates, the part of such
county, and the determination of the board as to the persons
thereby elected to such office by the greatest number of votes.
The said board shall also make a separate similar tabulated state-
ment of the votes cast upon any proposition or question submitted
at the election to the voters of such city only and shall include a
determination as to whether such proposition or question by the
greatest number of votes has been adopted or rejected.
Each such statement and determination shall be filed and
I'ecorded in the office of the board of elections, and the said board
shall cause the publication of the same in at least two newspapers
within each borough of such city and in the City Record. Up<Mi
the filing in the office of the board of elections of such statements
and determination the president of the board of elections shall issue
and transmit by mail or otherwise a certificate of election to each
person shown thereby to be elected, such certificate to be 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.
§ 441. Org^anization of state board of oanTassenb
The secretary of state, attorney-general, comptroller, state
* So in original.
BoABD OF Canvassers 243
engineer and surveyor, and treasurer, shall constitute the state
board of canvassers, three of whom shall be a quorum. If three
of such oflScers 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 oflScers attending, constitute such board. The secre-
tary of state shall appoint a meeting of such board at his office,
or at the office of the treasurer or comptroller on or before the
fifteenth day of December next after each general election, and
within forty days after each special election, to canvass the state-
ments of boards of county canvassers of such election. He shall
notify each member of the board of such meeting. The board
may adjourn such meeting from day to day, not exceeding a term
of five days.
§ 442. Canvass by state board. Such board shall 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 dis-
sent from a decision of the board, or shall deem any of the acts or
proceedings of the board to be irregular, and shall protest against
the same, he shall state such disscmt 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 said board shall make
separate tabulated statements si^ed by the members of such board
or a majority thereof, of the whole number of votes cast for all the
candidates for each office shown by such certified copies to have
been voted for, the whole number of votes cast for each of such
candidates, the number of votes cast in each county for them, and
if the voters of only a district of the state were entitled to vote
for any such candidate, the name and number of such district; the
determination of the board as to the persons thereby elected to
such office; the whole number of votes shown by such certified
copies to have been cast upon each proposed constitutional amend-
ment or other proposition or question shown by such copies to have
been voted upon ; the whole number of votes cast in favor of and
against each, respectively ; and the determination of the board as
to whether it Was adopted or rejected. Each such statement, dis-
sent and protest shall be delivered to the secretary of state and
recorded in his office.
244 The Election Law
§ 443, Gertifloates of election. The secretary of state
shall thereupon forthwith transmit a copy, certified by his signa-
ture 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 to such office. He shall prepare a general certifi-
cate, under the seal of this state, and attested by him as secretary
thereof, addressed to the house of representatives of the United
States, in that congress for which any person shall have been
chosen, of the due election of all persons so chosen at that election
as representatives of this state in congress ; and shall transmit the
same to the house of representatives at its first meeting. If any
person so chosen at such election shall have been elected to supply
a vacancy in the office of representative in congress, it shall be
mentioned by the secretary of state in the statements to be pre-
pared by him.
§ 444. Record in office of secretary of state of
county officers elected. The secretary of state shall enter in
a book to be kept in his office the names of the respective county
officers elected in this state, including school commissioners, speci-
fying the counties and districts for which they were severally
elected, and their places of residence, the offices to which they were
respectively elected, and their terms of office.
'ARTICLE 18
^ United States Senators, Representatives in
Congress and Presidential Electors
Section 449. ' United States senators.
450. Eepresentatives in congress.
451. Electors of president and vice-president.
452. Meeting and organization of electoral college.
453. Secretary of state to furnish lists of electors.
454. Vote of the electors.
455. Appointment of messenger.
456. Other lists to be furnished.
457. Compensation of electors.
§ 449. United States senators. At the general electiaa
next preceding the expiration of the term of office of a United
States senator from this state, a successor to such office shall be
'As reniunbered by chap. 800, Laws of 1913.
'Article heading amended by chap. 820, Laws of 1913.
'Section 449 added by chap. 822, Laws of 1913.
Senatobs, Representatives and Electors 245
•
elected by tlie people for a full term of six years. If a vacancy oc-
cur in the oflSce of United States senator from this state in any
calendar year less than thirty days prior to a general election, the
governor shall make a temporary appointment to fill such vacancy
until the first day of December in the succeeding calendar year.
If such a vacancy occur in any calendar year more than thirty
days prior to a general election the governor shall make a tempo-
rary appointm^it to fill such vacancy until the first day of Decem-
l»er in such calendar year. Such an appointment to fill a vacancy
shall be evidenced by a certificate of the governor which shall be
filed in the oflSco of the secretary of state. At the time of filing of
such certificate the governor shall also issue, and file in the office of
the secretary of state, a writ of election directing the election of a
United States senator to fill such vacancy for the unexpired term
at the general election next preceding the expiration of the term
of such appointment. The provisions of this chapter relating to
the canvass of votes and of election results shall apply to such an
election to 'fill a vacancy, except that the canvass of votes and
results affecting the office of United States senator shall be com-
pleted by the county board of canvassers, and statements thereof
certified to the secretary of state within ten days after the election
and the canvass of such results completed by the state board of
canvassers and statements thereof certified to the secretary of state
before the first day of December following the election. Each
county board of canvassers shall meet and organize for such pur-
pose on the third day after the election and the state board of
canvassers on the second Monday after election. [As added by
chap. 822, Laws of 1913.]
§ 450. Representatives in congress. Representatives
in the house of representatives of the congress of the United
States shall be chosen in the several congressional districts
at the general election held therein in every even numbered
year. If any such representative shall resign, he shall forth-
with 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.
§ 451. 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-
246 The Election Law
president of the United States, there shall he elected bj genearal
ticket as many electors of president and yice-president ba this state
shall be entitled to, and each voter in this state shall have a light
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.
§ 452. Meeting and organizatioli of electoral col-
lege. The electors of president and vice-president shall convene
at the capitol on the second Monday in January next fol-
lowing their election, and tliose of them who shall be assembled
at twelve o'clock, noon, of that day, shall immediately at that hour
fill, by ballot and by plurality of votes, all vacancies in the elec-
toral college occasioned by the death, refusal to serve, or neglect
to attend at that hour, of any elector, or occasioned by an equal
number of votes having been given for two or more candidates.
The electoral college being thus completed, they shall then choose
a president, and one or more secretaries from tlieir own body.
§ 453. Secretary of state to f nrnisli lists of electors.
The secretary of state shall prepare three lists, setting forth
the names of such electors, and the canvass under the laws of this
state of the 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 deliv^ the
same tbus signed and sealed to the president of the college of
electors on the second Monday in January.
§ 454. Vote of tlie electors. Immediately after the or-
ganization 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 this state. 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 per-
sons voted for as vice-president, and of the number of votes for
each, which lists they shall sign and certify, and after annexing
thereto one of the lists received from the secretary of state, they
shall seal up the same, certifying thereon, that lists of ihe votes
of this state for president and vice-president are contained therein.
§ 455. Appointaaent of messenger. The electors shall
then, by a writing under their hands, or under the hands of a
State Superintendent of Elections 247
majority of them, appoint a person to take charge of the lists so
sealed up, and 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 person shall deliver the lists of votes in his custody into
the office of the secretary of state of the United States.
.§ 456. Other lists to be furnished. The electors shall
also forward forthwith, by the post-office in the city of
Albany, to the president of the senate of the United States at the
seat of government, and deliver forthwith to the judge of the
United States court for the northern district of the state of New
York, similar lists signed, annexed, sealed up and certified in the
manner aforesaid.
§ 457. 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 certificate of the secretary of state, and paid
by die treasurer.
^ARTICIiE 14
^® State Superintendent of Elections
Section 470. ^^Metropolitan elections district
471. State superintendent of elections, chief deputy and
assistants.
472. •Powers of superintendent, clerks and deputies.
*473. Deputies; appointment, qualification, examination,
vacancies and terms.
474. Additional deputies.
476. Control and powers of deputies; refusal to furnish
information.
476. Aid by private persons and public officers.
^Ab renumbered by ebap. 800, Laws of 1913.
i« Title amended by chap. 049, Laws of 1911 and chap. 800, Laws oi 1913.
19 Repealed by chap. 649, Laws of 1911.
* Bepealed by chap. 678, Laws of 1915.
248 The P^lectidx* Law
Section 477. Subpoenas by state superiuteudent.
478. Administration of oaths by superintendent and
deputies.
479. Attendance and duties at polling places.
480. Reports by lodging-house and hotel keepers.
481. Affidavits by hotel keepers holding. liquor licenses.
482. Filing such reports and affidavits.
483. Reports by police and certain departments.
484. List to be furnished if required by the superin-
tendent of elections.
485. Card lists of registered electors.
486. Challenge lists.
487. Salaries and expenses.
488. Report to governor.
489. ^^Authority of state superintendent of elections.
§ 471. State superintendent of elections, chief
depnty and assistants. There shall be an officer to be known
as *' state superintendent of elections.'' The governor shall ap-
point such superintendent of elections by and with the advice
and consent of the senate, who shall hold office for the full term
of four years. Such term shall begin on the first day of Janu-
ary in every fourth year beginning with the year nineteen hun-
dred and fifteen -and shall expire on the thirty-first day of
December. Vacancies shall be filled for the remainder of the
unexpired term. Such superintendent may be removed from
office in the same manner as a sheriflF. He may appoint one chief
deputy without nomination, a secretary and necessary clerks,
stenographers and other employees, and remove them at pleasure.
[As amended by chap. 240, Laws of 1900, chap. 649, Laws of
1911, ayid chap. G78, Laws of 1915.]
§ 472. Poixrers of superintendent, clerks and depu-
ties. Such state superintendent of elections and the deputies
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 chief deputy shall be placed in charge of the
branch office in the city of Xew York. Any clerks, appointed
by the state superintendent of elections pursuant to the pro-
visions of this article, shall have power, when directed by the
state superintendent of elections, to administer oaths and affir-
mations required by law or by any order, rule or regulation oi
20Kew section added by chap. 891, Laws of 1911.
State Superixtexdent of Elections 240
the state superintendent of elections, for or in connection with
the appouitment and qualification of deputy superintendents of
elections appointed pursuant to the provisions of this article.
[As amended by chap, 649, Lairs of 1911, and chap. 678, Laws
of 1915.]
§ 474. Additional deputies. The superintendent, when-
ever he deems it necessarj-, may appoint, in addition to the chief
deputy, without nomination, and at pleasure remove, not more
than two hundred and thirty-three other deputies, to be employed
by him in enforcing the provisions of this article. [As amended
by chap. 649, Imws of 1911, and chap. 678, Laws of 1915.]
§ 475. Control and powers of deputies; refusal to
furnish information. AH deputies appointed under this
article shall be subject to the direction and control of the state
superintendent and he may, subject to the next provision, assign
them to any election district. He must, however, assign to duty
in the city of Xew York seventy of the deputies receiving annual
salaries and eighty-seven deputies receiving per diem compen-
sation. The state superintendent shall make such rules for the
control and conduct of his deputies as he may deem advisable,
not in conflict with law.
Such deputies, when directed by the state superintendent, shall,
on their own motion, or on complaint of any citizen of the state,
may:
1. Investigate all questions relating to registration of voters,
and for that purpose shall have power to visit and inspect any
house, dwelling, building, inn, lodging-house or hotel and interro-
gate any inmate, house-dweller, keeper, care-taker, owner, pro-
prietor or landlord thereof or therein, as to any person, or persons
residing or claiming to reside therein or thereat.
2. Arrest any person without warrant who in his presence
violates or attempts to violate any of the provisions of this chapter
or the penal law relating to crimes against the elective franchise.
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 documents
relating to or affecting the election or the r^istration of voters.
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 n^Iects or refuses to furnish any information
250 The Election Law
required or authorized by this article, or to exhibit records, papers,
or documents herein authorized to be inspected, or which are re-
quired to be exhibited, shall be guilty of a misdemeanor. [As
amended by chap. 649, Laws of 1911, and chap. 678, Laws of
1915.]
§ 476. Aid by private persons and pnblie ofioen.
The state superintendent, or any deputy, may call on any person
to assist them in the performance of their duty; and they mav
also call on any public officer who by himself or his assistants,
deputies or subordinates shall render such assistance as may be
required. Any such person, public officer, deputy or subordinate
who shall fajl, on demand of the superintendent or any deputy,
to render such aid and assistance in the performance of his duty as
he shall demand, or who shall willfully hinder or delay, or attempt
to hinder or delay such superintendent or deputy, in the per-
formance of his duty, shall bo guilty of a felony and shall upon
conviction thereof be sentenced to imprisonment in a state prison
for a period of not more than three years ; and if a public officer,
shall, in addition to such imprisonment, forfeit his oflBce. A mem-
ber of a uniformed police force and every sheriff, deputy sheriff
and election officer shall, for the purpose of this article, be deemed
a public officer, [As amended by chap, 649, Laws of 1911, and
chap. 678, Laws of 1915.]
§ 477. Snbpoenas by state superintendent. The state
superintendent shall have power to issue subpoenas for the pur-
pose of investigating any matter within his jurisdiction and of
aiding him in enforcing the provisions of this article, such sub-
poenas to be issued in the name of the state superintendent. He
may in proper cases issue subpoenas duces tecum. A subpoena
issued by tho state superintendent of elections may be served by
the superintendent or by any deputy appointed by him or hy
any police or peace officer.
Any person who shall omit, neglect or refuse to obey a sub-
poena attested in the name of the state superintendent and made
returnable at one of the offices or branch offices of the super-
intendent, or who shall refuse to testify imder oath before him
or his chief deputy, or other deputy duly designated by the
superintendent pursuant to the provisions of this article, is guilty
of a misdemeanor. [^4* amended by chap. 649, Laws of 1911?
and chap. 678, Laws of 1915.]
State Superintendent of Elections 261
§ 47& Admlnistratioii of oatlui by snperlAtendent
and deputies. The Buperintendent, his chief deputy and any
of the deputies duly designated by the superintendent for that
purpose, under his hand and seal of office, are hereby authorized
and empowered to administer oaths and affirmations in the 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 take and administer oaths and
affirmations in the usual appropriate forms, in taking any affidavit
or d^osition which may be necessary or required by law or by any
order, rule or regulations of the superintendent for or in con-
nection with the official purposes, affairs, powers, duties or pro-
ceedings of said superintendent or deputies or any official purpose
lawfully authorized by said superintendent.
Any person who shall make any false statement under oath
before the state superintendent, his deputy, or other deputy
authorized to take oaths, as herein provided, is guilty of a felony.
[As amended hy chap. 649, Laws of 1911, and chap. 678, Laws
of 1916.]
§ 479. Attendaaoe and dnties at poUlns places.
The state superintendent may attend at any election, and each
deputy shall, on election day, attend the election at the polling
place to which he is assigned. The state superintendent and each
deputy shall be admitted at any time within any polling place and
within the guard-rails thereof. It shall be the duty of the super-
intendent and of each deputy during the election to preserve order
and arrest any person violating or attempting to violate this
chapter or any provision of the penal law relating to the elective
franchise. [As amended by chap. 649, Laws of 1911, and
chap. 678, Laws of 1915.]
*% 480. Reports by ledsitS^ltonae and kotel keepers.
It shall be the duty of every landlord, proprietor, lessee or keeper
of a lodging-house, inn or hotel, to keep a register in which shall
be entered the name and residence, the date of arrival and
departure of his guests and the room, rooms or bed occupied by
them. This register shall be so arranged that there shall be a
space on the same line in which each male guest or male lodger
diall sign his name, and such landlord, proprietor, lessee or
keeper shall make a sworn report upon a blank to be prepared
and furnished by the state superintendent twenty-nine days before
the election next ensuing to the said superintendent of elections.
252 The Election Law
which report shall contain a detailed description of the premises
so used and occupied as a lodging-house, inn or hotel, including
the size and character of building, and in case only part of a
building is so used, a statement as to what part of said building
is so used, and also if there be more than one building on the
premises, which particular building is so used, and the names of
the lodgers therein and all employees and all other persons living
therein including the landlord, proprietor, lessee or keeper and
members of his family, who claim a voting residence at or in
such lodging-house, inn or hotel, together with the length of time
they have been regularly lodging or living therein, the beginning
of such residence, the color, age, height, weight, color of hair,
marks on face or hands, the complexion and any distinguishing
marks or features of face or body whereby such persons may be
identified, the place of their nativity, the occupation and place of
business of such persons and the room occupied by each such
person, and whether such person is a guest, landlord, proprietor,
lessee or keeper, and the signature of each such person. Above
the space reserved for the signature of each such person shall be
printed tlie following words "' the foregoing statements are true."
In the form of affidavit, which shall be sworn to by the landlord,
proprietor, lessee or keeper of such lodging-house, inn or hotel
shall be included the statement that the signatures of the guests or
lodgers certified to in said report, were written in the presence of
such landlord, proprietor, lessee or keeper, and that he personalis
knows them to be the persons therein described.
To the end that the sworn report herein required shall tnily
set forth the facts therein stated, it shall be the duty of the said
landlord, proprietor, lessee or keeper to question each male person
lodging or living in such lodging-house, inn or hotel as to his
intention of claiming such place as a voting residence, and such
person shall thereupon declare his intention thereof, and if he
shall claim such place as his voting residence h© shall give to such
landlord, proprietor, lessee or keeper such facts regarding himself
as are required to be incorporated in the sworn report herein
provided for.
Any such landlord, proprietor, lessee or keeper or any lodger
who shall violate this provision shall be deemed guilty of a mis-
demeanor. [As amended by chap. 649, Laws of 1911, and
chap, 678, Laws of 1915.]
§ 481. Affidavits by hotel keepers holdixie: lienor
licenses. If any person, other than the keeper or member?
State Superintendent of Elections 253
of his family^ shall claim a voting residence in a building or part
of the building used as a 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 subdivision one of section eight of the liquor tax
law, the holder of such certificate shall furnish to the state super-
intendent of elections, whenever the superintendent shall require
him so to do, an affidavit properly acknowledged and signed before
a notary public, in which the holder of such certificate shall state
whether he and such building have conformed to and at the time
of making the affidavit do conform to all the requirements of
the laws, ordinances, rules and regulations relating to hotels and
hotel keepers, including all laws, ordinances, rules and regula-
tions of the state or locality pertaining to the building, fire and
health departments in relation to hotels and hotel keepers and
that such building is or was within three months of the said elec-
tion used as a hotel. If for any reason the said building or
part of the building used as a hotel shall be devoted to other than
hotel purposes within three months of said election the holder
of such liquor tax certificate shall state in such affidavit for what
purpose such building or part thereof formerly used for hotel
purposes is then used, and, if the same has been sublet to any
person, he shall so state, giving the terms of said lease, and the
name of the lessee.
Any holder of a liquor tax certificate required to make such
affidavit by the said superintendent who shall refuse, fail or neg-
lect to make and file the same forthwith with the superintendent
is guilty of a misdemeanor. Any holder of a liquor tax certificate
who shall incorporate any false statement in any sworn report or
affidavit to the superintendent of elections is guilty of perjury
and in addition to suffering the penalty prescribed by law for such
crime shall forfeit his liquor tax certificate and shall be deprived
of all rights and privileges thereunder and of any right to a
rebate of any portion of the tax paid thereon, and shall be
debarred from trafficking in liquors for a period of five years
from the date of his conviction. [As amended hy chap, 649,
Laws of 1911, and chap, 6Y8, Laws of 1915.]
§ 482. Filing sncb reports and affidavits. Any report
or affidavit required by the two preceding sections shall be
acknowledged and sworn to before a notary public, commissioner
of deeds, or justice of the peace, and shall be filed personally by
such landlord, proprietor, lessee or keeper or by registered mail
254 The Election Law
with the said superintendent of elections at sueh office as he may
designate. [As amended by chap. 649, Laws of 1911, and chap.
678, Laws of 1915.]
§ 483. Reports by police and eertaia departments.
Whenever the state superintendent of elections shall require, it
shall be the duty of the chief of police and the respective heads
of the departments of buildings, fire and health to forthwith make
a report in writing to the superintendent of elections of even-
building or part of a building in such city in which the business
of trafficking in liquors is conducted under a liquor tax certificate
issued under subdivision one of section eight of the liquor tax
law, showing the location thereof by street and number, election
district and assembly district or ward, the character of sudx
business, as declared by the holder of the certificate, specifying
whether it be a hotel, restaurant, saloon, store, shop, booth or
other place and the name of the holder of such certificate, and
if the place be a hotel the report shall state whether or not the
building and holder of the certificate conform to all the laws,
ordinances, rules and regulations of the state or locality including
the laws, ordinances, rules and regulations of the building, fire
and health departments in relation to hotels and hotel keepers.
[-45 amended by chap. 649, Laws of 1911, and chap. 678, Laws
of 1915.]
§ 484. liist to be f nrnished it required by the
superintendent of elections. The superintendent of elec-
tions shall also have the right throughout the year whenever
deemed necessary by him to require the owner or lessee of any
hotel, or inn, containing less than fifty rooms and every lodging-
house or dwelling to make to the superintendent within ten days
after notification, a sworn report upon a blank to be prepared
and furnished by said superintendent, which said report shall
contain a list giving the name of every male person of twenty-
one years of age and upwards, who resides in said hotel, inn,
lodging-house and dwelling, together with the period that they
have resided therein, and such other information as mav bo
deemed necessary by said superintendent, and said superintendent
shall have the power whenever deemed necessary by him to require
said owner or said lessee in addition to notify said superintendent
whenever any of said male persons shall within twenty-nine days
before election leave said hotel, inn, lodging-house and dwelling.
Said superintendent shall have the power to require said list to
State Superintendent of Elections 255
be made by the owner if said owner is in possession. If said
owner is not in possession said superintendent shall have the power
to require said owner to furnish the name of the lessee and lessees
of said building and said superintendent shall then have the power
to require said list of said lessee and lessees. In the event that
said building is occupied in part by said owner and in part by a
lessee or lessees the said superintendent shall then have the power
to compel the owner to furnish the said list for the part occupied
by him, and the names of the lessee or lessees who lease the
remaining part of said building, and said superintendent may
require said lists from said lessee or lessees. In the event of
the neglect of the owner or lessee to furnish said list when
demanded by said superintendent of elections, said owner or
lessee shall be guilty of a misdemeanor punishable by a fine of
two hundred and fifty dollars, and in case of a second conviction
shall be punishable by a fine of five hundred dollars and imprison-
ment. If the owner furnishes to said superintendent a list which
states that a male person has resided in said premises for a longer
period than he has actually resided therein, or if said person
puts upon said list a name under which no person has resided
any length of time in said premises, said owner shall be guilty
of a felony and in addition liable to a penalty of one thousand
dollars, which said penalty shall be a lien upon the house and
the lot upon which the house is situated. If the lessee furnishes
a false list then the said lessee shall be liable to a penalty of one
thousand dollars, which said penalty, in addition to being satisfied
out of any goods or chattels of the lessee, shall be a lien upon the
leasehold, and shall entitle said leasehold to be sold to satisfv
said penalty subject to the rights of the landlord. Every penalty
imposed herein upon a house or leasehold shall be a lien upon
the house and lot or leasehold in relation to which the penalty is
imposed from the time of filing of a certified copy of the judg-
ment in the office of the clerk of the county in which said house
and lot or leasehold is situated, subject only to taxes, assessments,
water rates and to such mortgages and mechanics' liens as may
exist thereon prior to such filing, and it shall be the duty of the
prosecuting officer upon the entry of said judgment to forthwith
file the copy as aforesaid in the 'office of the clerk of the county
and said copy upon said filing shall be forthwith indexed by the
clerk in the index of mechanics' liens. A lis pendens may be
filed in the office of the clerk of the county in which the realty or
leasehold is situated at the time of the commencement of th#
256 The Election Law
proceedings under this section. [As amended by chap. 649,
Laws of 1911, and chap. 678, Laws of 1915.]
<§ 485. Card lists of registered electors. The board
of inspectors of each election district shall on each day of regis-
tration transfer to cards, to be provided for that purpose by the
secretary of state, which cards shall be in form and style approved
by the state superintendent of elections, a complete copy of the
name of each person registered in their respective districts,
together with all of the answers made and information given bv
the person registered, at the time of registration, and such cards,
inclosed and sealed in a cover to be provided for that purpose
by the secretary of state, shall be delivered personally or by mail
forthwith by the chairman of the board of inspectors together
with a statement on a blank form, to be furnished by the secretary
of state after approval by the state superintendent of elections,
that the cards delivered contain a correct copy of all the names
registered and information given by the persons so r^stered, to
the state superintendent of elections at one of his offices to be
designated by him.
In cities of the first class the board of inspectors of each elec-
tion district shall also on each day of registration transfer to the
cards, to be provided for that purpose by the secretary of state,
which cards shall be in form and style approved by the state
superintendent of elections, a complete copy of the name of each
person registered in their respective districts, together with all of
the answers made and information given by the persons roistered,
at the time of registration and such other and further information
as may be required by said card and such cards, inclosed and
sealed in a cover to be provided for that purpose by the secretary
of state, shall be delivered personally forthwith by the chairman
of the board of inspectors together with a statement on a blank
form, to be furnished by the secretary of state after approval hy
the state superintendent of elections, that the cards delivered con-
tain a correct copy of all the names registered and information
given as required by said card, to the police department of said
city at such office as shall be designated by said police department
[.45 amended by chap. 649, Laws of 1911, ch<ip. 678, Laws of
1915, and chap. 537, Laws of 1916.]
§ 486. Cliallense lists, l. The state superintendCTt of
elections shall prepare for each election district in the city of
New York a challenge list containing the namee, alphabetically
State Superintendent of Elections 257
arranged, and addresses of all persons who, by reason of death,
removal, conviction or otherwise, have lost the right to register
from the addresses within such election district from which they
registered at the last preceding election. Such challenge lists
shall be delivered to the respective boards of registry in such city
at least one-half hour before the commencement of r^istration.
It shall be the duty of the chairman of such respective boards
of registry to challenge the registration of any person applying
to them for registration under any name on said challenge lists,
unless it shall affirmatively appear after strict examination of the
voter, and, if necessary, others also, that such voter has become
domiciled at a new address within the election district. Said
challenge lists shall contain a column headed " remarks " and it
shall be the duty of the chairman of the respective boards of
registry to enter in said column opposite the names on said lists
whether any person applying for registration under any name
on said lists who was challenged was allowed to register and the
reason for allowing him to raster. If a person applies for
registration under any name on said challenge lists who is chal-
lenged and does not register then there shall be entered opposite
auch name in the aforesaid column headed " remarks '^ the words
^^ challenged but did not register.'^ If no person applies for
registration under any name on said challenge lists then there
shall be entered opposite each such name in the aforesaid col-
nmn headed " remarks " the words " no application.^' Any duly
accredited watcher shall have the right to examine such challenge
list. On each day of registration the chairman of the board of
r^stry shall make the challenges and the entries in the column
headed " remarks " as heretofore provided. At the close of the
last dav of registration said challenge lists shall be signed and
certified as true by each member of such board of registry and
returned to the state superintendent of elections in a sealed
envelope provided therefor by the said state superintendent.
2. After the last day of registration and before election day in
each year the state superintendent of elections also shall prepare
for each election district in the city of New York a challenge list
containing the names, alphabetically arranged, and addresses of
all persons registered in such district during said last preceding
period of r^stration whom he shall have reason to believe,
from investigation or otherwise, not to be entitled to vote at said
election. Such challenge lists shall be delivered to the respective
boards of inspectors in such city at least one-half hour before the
opening of the polls of each electiom It shall be the duty of the
I)
258 The Elkction Law
ohairman of the respective boards of inapectors to challenge the
vote of any person presenting himself to Tote under any name od
said challenge lists. Said challenge lists shall eontain a colunm
headed ^^ remarks/' and it shall be the duty of the chairman of
the respective boards of inspectors to ^xt^ in said column opposite
the names on said lists whe^er sny person applying to vote nnder
any name on said lists who was challenged was allowed to vote
and the reason for allowing him to vote. If a person applies to
vote under any name on said chaUenge lists who is challenged and
does not vote, then there shall be entered opposite such name is
the aforesaid column headed ^^ remaiiks " the words ^^ challenged
but did not vote." If no person applies to vote under any name
on said challenge lists then there shall be noted c^posite each
such name in the aforesaid column headed ^' remarks '' the words
^' no application." At the close of the polls said challenge lists
shall be signed and certified as true by each member of such
board of inspectors and returned to the state superintendent of
elections in a sealed envelope provided thevefor by the said state
superintendent.
3. The state superintendent of elections shall prepare dupli-
cates of all challenge lists provided for in this section taii he
shall keep said duplicate challonge lists on file in his office from
the time of their preparation until -the close of the third general
election following the pr^aration of said dhailenge lists. The
aforesaid original challenge lists shall also be kept on file for
two years after the general election following their preparation.
[As a/mended by chap. 649, Laws of 1911, and chap. 676, Laws
of 1916.]
§ 487. Salaries jvnd ezpaaseau The annual salary of
the state -superintendent of elections diall be fivo thousand doUarB ;
of the chief deputy, four thousand dollars ; of the ^eeretiury, two
thousand dcdlars; of one chief stenographer, fifteen hundred
dollars ; of not more than thirteen of the deputies, of whom eiglit
may be assigned to take charge of tixe branch offices, fifteen hun-
dred dollars each ; of not more than seventy of the deputies, twdve
kundred dollar* each ; payable «emi-monthly. All other deputies
shall receive five dollai?8 for eai^ day's service, not ^leeedinf^
forty days for any one election, to -be paid <m the certificate of
tihe superiBtend^ot ca- flhief .depujby, iwhSoh forty days shall be
wiliim a p^iod b^giimix^ one waek -bef oib the &vat day of re^s-
tration and ending December thirty-first of snoh year. The
salaries of the clerks and other stenographers shall be fixed by Ae
State Supebintbndbnt op Elections 269'
said superiBtendent. All salaries and otker compensatiou pro-
vided by thi» section shall be paid by the state treasurer on the
warrant of the comptroller.
The state superintendent may provide one main office, which
shall be located in the city of Albany, and branch offices in hifr
discretion, not to exceed eight in number, one of which shall be
located in tte city of New York and furnish them with needed
furniturey stationery and supplies, and expend for such purpose
and for disbursements and expenses in carrying out the provision*
of this article, not exceeding forty thousand dollars each year,
to be paid by the state treasurer on the audit and warrant of the
comptroller. [J.* aanemded by chap. 649, Laws of 1911, chap*
678, Laws of 1915, and chap. 234, Laws of 1917.]
§ 488. Report to sovernor. The state superintendent
of elections shall annually in the month of December file with the
governor a report showing the name» and residences of the per-
sons appointed by him as deputies during the year, the number
of days each has served, the compensation certified for each, the
numbtBr of arrests made for violation of this chapter or the penal
law, the names of the persons arrested, the nature of the offense
charged, the disposition thereof, and any other facts in relation
to the administration of his office which the state superintendent
may deem proper or which may be required by the* governor.
[As amended by chap, 649, Laws of 1911, and chap. 678, Laws
of 1915.]
§ 489. Authority of state superintendent of elec-
tions. The authority, powers and jurisdiction of the state
superintendent of elections with respect to general elections, as
defined by the provisions of this article, are hereby extended to
primary elections, so far as such provisions may be applicable.
[Added by chap, 891, Laws of 1911, and amended by chap. 678,
Laws of 1915.]
*§ 44. The terms of office of the present state superintendents
of elections shall expire upon the appointment and qualification
of a single superintendent of elections under the provisions of
section four hundred and seventy-one of the election law as
amended by this act. Upon the appointment and qualification
of such, superintendent of elections, he shall succeed to the powers
and duties of such superintendents of eldetions except as modified
* So in original.
260 The Election Law
by this act and shall have the charge, custody and control of the
offices, property, books, records, papers and documents pertaining
to the powers and duties of such superintendents. After this act
takes effect and until the appointment and qualification of such
superintendent of elections, the present superintendents of elec-
tions shall have the powers and duties of the superintendent of
elections as prescribed by the election law as amended by this act.
This act shall not affect any matter pending under the election
law at the time it takes effect or at the time of the appointment
of a single superintendent of elections under section four hun-
dred and seventy-one of such law as amended by this act, which
pertain to the powers and duties of the present superintendents
of elections, nor affect the running of time with respect to any
proceeding provided for in the election law. Any such pending
matter pertaining to the functions of the state superintendents
of elections shall be continued and disposed of by the state super-
intendent of elections. [Added by chap, 678, Laws of 1915.]
^ARTICLE 15
Soldiers' and Sailors* Elections
Section 500. Special polls in time of war.
601. General register of absent voters.
502. Poll books and oaths.
503. Official war ballots.
504. Official envelopes for war ballots.
505. Delivery of official war ballots, poll books and en-
velopes.
606. Lists of nominations.
507. Polls of election.
508. Opening of the polls.
509. Organization of the polla.
510. Conduct of elections.
511. Count of the votes.
512. Returns not to be rejected because of informality of
election.
513. Disposition of envelopes and ballots.
614. Canvass by inspectors of election.
515. Canvass by county board.
516. Canvass by state board.
517. Returns or statements not made and filed prior to
certain dates in anv year not to be canvassed.
1 Renumbered by chap. 800, Laws of 1913.
Soldiers* and Sailors' Elections 261
Section 518. Provisions of penal law relating to crimes against
the elective franchise to apply.
619. Filling vacancies in the o£Soe of inspector of elec-
tions.
620. Elections may be contested.
621. General provisions concerning elections to apply.
622. Copies of this article to be published and distributed.
§ 500. Special polls in time of war. Whenever, in
time of war, any qualified voter of this state shall be in the actual
military service of this state or of the United States, in the army
or navy thereof, and by reason thereof absent from his election
district, such absent voter shall be entitled to vote as fully as if he
were present at his place of residence in the manner hereinafter
provided.
§ 501. General register of absent voters. It shall
be the duty of the secretary of state to prepare and make a general
register in which shall be entered in alphabetical order the names
of the voters of this state absent from their respective election
districts in time of war in the actual military service of this state
or of the United States in the army or navy thereof. Such general
register shall contain the name and residence of each such absent
voter by street and number, if any, and the name of the county
and city or town in which he resides, so far as the secretary of
state can ascertain the same. It shall also contain the name or
number or other designation of the regiment, company, troop,
vessel or other command to which each such absent Voter is at-
tached or assigned, and the location of such command at the time
of such entry, so far as he can ascertain the same.
In order to secure the necessary information to make and com-
plete such general register, it shall be the duty of the secretary of
state to prepare proper blanks and forward the same to the com-
manding officer of each command in which thore are any such
absent voters of this state, to be filled out with the necessary
information, attested by him, and returned forthwith, se-
curely sealed, to the secretary of state. Such general register shall
be a public record and shall at all reasonable times be open for
inspection by any voter of this state. It is hereby made the duty
of every public officer, and of every citizen, to furnish to the
secretary of state such information as he may possess relating to
such absent voters; and any person who shall refuse so to do,
or shall wilfully furnish false information in reference to such
262 The Ei^ectioit Law
absent voters, shall be deemed guilty of a felony and shaUy upon
conviction thereof, be punished by imprisonment in a state prison
for not less than one year nor more than three years.
§ 502. Poll books and oaths. It shall be the duty of
the secretary of state to cause to be prepared and printed in
book form a sufficient number of poll books, at least two books for
each poll, for the use of the inspectors of elections at
the polls of the elections held under the provisions of this
article. Such poll books shall be in the general form of those
prescribed for use at elections in this state, omitting aU columns
except those for the number, name and residence of each voter,
and so arranged that there can be entered therein, in addition
to such entries, in separate coltmms, the name of the county and
city or town in which the persons voting at such poll reside or
claim to reside, and also the designation of the particular com-
mand to which each such person is attached or of which he forms
a part 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 inspectors of election thereat. Upon the
page following the last page of each such poll book used for
recording the names of voters at such poll, shall be printed a
blank certificate, to be signed by the inspectors of election at the
close of the polls. Such certificate shall be substantially in the
following form:
"We, the inspectors of election for the general (or special^
election held at (here follows the name of the place) on the
day of 19 ... , do hereby
certify that the names of the persons recorded herein as having
voted at such election, such persons numbering in all (here follows
the number in figures and words), are all the persons who appeared
before us and demanded to vote at such election, and took the ooih
required, and who voted at such election.
Inspectors of Election.''
Such poll books shall also contain the oaths for the inspectors
election provided in section five hundred and nine of this article.
SoLDIEBfl' ANJ> SaILOBS' ELECTIONS 263
§ 503. Ofioial war 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 voters absent from their respective election dista'icta
as shown by such general register. Each such official ballot shall
be six inches wide and of such length as to allow one-quarter of
an inch for the title of each office printed upon the face thereof
and one-half inch for the name of each candidate for such office
as the voter may lawfully vote for and one-half inch for the title
of each class of offices. Each class of offices shall be separated
by a solid black line one-eighth of an inch wide running across
such ballot. AH 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 voter may vote in any election district of
the state at such election. The type and paper for such ballots
shall conform generally to that used for the official ballots pre-
scribed by this chapter. Such ballot shall be printed in substan-
tially the following form:
« STATE OFFICES.
For Governor.
For Lieutenant-Governor.
JUDICIAL OFFICES.
For Associate Judge of the Court of Appeals.
For Justice of the Supreme Court for Judicial District,
LEGISLATIVE OFFICES.
For Bepresentative in Congress for Congressional District
For State Senator for Senate District.
For Member of Assembly for District of Coimty.
COUNTY OFFICES.
For Sheriff of County.
For Difltrict Attorney of County.
CITY OFFICES.
For Mayor of the City of
WAED OR TOWN OFFICERS.
For Supervisor of Ward or Town of
For Justice of the Peace, Town of
264 The Election Law
ELECTION DISTRICT OFFICES.
For Inspectors of Election for. . .Election District, Town of.. ."
Upon the back of each such ballot shall be printed the words:
" OFFICIAL WAR BALLOT
For the general (or special) election, held November ,
19 "
§ 504. Official envelopes for irar ballots. He shall
also canse to be prepared and printed at least twice as many
official envelopes as there are voters absent from their election
districts, as shown by such general register. Such envelopes shall
be gummed, ready for scaling. Upon one side of snch envelope
shall be printed in substantially the following form the following:
'' OFFICIAL WAR BALLOT
FOR
General Election, November , 19. .
Name of voter •.
Residence (street and number, if any)
County of ^
City or Town of
Secretary of State.
M
Upon the other side of such envelope shall be printed the follow-
ing oath :
"OATH OF ELECTOR.
" I do swear (or affirm) thai; I have been a citizen of the United
States for ninety days and am now of the age of at least twenty-one
years, or will be on the day of , 19. . ; that
I will have been an inhabitant of the state of New 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 voter, 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 particular command to which attached) ; and that
I have not received or offered, do not expect to receive, have not
paid, offered or promised to pay, contributed, offered or promised
to contribute to another, to be paid or used, any money or other
valuable thing, as a compensation or reward for the giving or with-
Soldiers' and Sailobs' Electioxs 265
holding of a vote at this election, and have not made any promise
to influence the giving or *withhLholding of any such vote; and
that I have not made or become directly or indirectly interested
in. any bet or wager depending ui)on the result of this election;
and that I have not been convicted of bribery or any infamous
crime, or, if so convicted, that I have been pardoned and restored
to all the rights of a citizen."
If at such election any proposed amendment to the constitution
or other proposition or question is to be submitted to the vote of
the voters of the state, tiie secretary of state shall furnish an
equal number of ballots for questions so submitted in the form
prescribed by section three hundred and thirty-two of this chapter,
which shall be properly indorsed, as a war ballot
§ 505. Delivery of odBlcial war ballots, poll books
and envelopes. The secretary of state, shall cause to be
delivered to the commanding officer of every command in which
ten or more voters of this state are included, absent from
their respective election districts in time of war in the actual
military service of this state or the United States in the army
or navy thereof, a sufficient number of official war ballots of each
kind and official envelopes, at least twice as many as there are
such voters in such command; and two poll books for the use
of such voters at each poll of each election held under the pro-
visions of this article. Such official war ballots, poll books and
envelopes shall be delivered in time for use at the election for
which they are prepared, in such manner and by such means as
shall in the judgment of the secretary of state be best suited to
secure their safe and timely delivery for the use of the voters at
the election for which they have been prepared.
§ 506. Lists of nominations. It shall be the duty of
each coimty clerk or board with whom or which certificates of nom-
inations to public office are filed to cause a certified list of such
nominations to be forthwith forwarded by mail to the secretary of
state, including the name and residence of each nominee to-
gether with the title of the office for which he is nominated and the
party or other political name specified in such certificates of nomi-
nation. It shall be the duty of the secretary of state after the
receipt by him of such certified lists of nominations to communi-
cate so far as practicable, to each commanding officer of any com-
* So in original.
2G6 The Election Law
mand having therein ten or more voters of this state
absent from their respective election districts in time of war, in the
actual military servioe of this state or the United States in t^e
army or navy thereof, the name and residence of each person
named in any certificate of nomination so certified by a county
clerk or filed in the office of .the secretary of state^ together 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 causa
such information to be posted in a conspicuous place for the in*
formation of such absent voters in his command.
§ 507. Polls of electioii. Polls of an election held under
the provisions of this article shall be opened on the day
of such election at the quarters of the captain or other com-
manding officer of any company, troop or other command in the
military service of this state or of the United States in the army
or navy thereof, if the same be composed in whole or in part ci
voters of this state. All qualified voters of this state in such com-
mand may vote at such poll. Officers and enlisted men, voters
of this state, attached to or forming part of a command having
therein less than ten such voters, or detached by military order and
absent from their command, may vote at sudi other poll as may
be most convenient for them.
§ 508. Openins of tke polls. Any election held under
the provisions of this article shall be held upon the day of
the general or special election in this state, or on any secular day
within twenty days next prior thereto, such prior day to be fixed
by the commanding officer of any command where the poll or polh
for such election shall be held, by proclamation duly made; pro-
vided, however, that if by reason of the exigencies of war such elec-
tion can not be held in any of the polls herein provided on the
day so fixed, such election may be held on the next day practicable
thereafter upon like proclamation of the commanding officer of any
such command ; but such election shall not be held later than Ae
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
voters and shall remain open not less than lliree hours and as
much longer as shall, in the opinion of the inspectoiB of
election serving at such polls, be necessary in ord» to receive tha
votes of all voters of this state entitled to yote at suoE polls ; but
Soldiers' and Sailoks' Elections 267
BO polls shall be kept open later than sunset of the day on whieh
such election shall be held.
The inspectors shall at the opening of such polls make public
proclamation of the opening thereof and 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 proclama-
tion made at the opening of the polls. The polls shall not for any
reason be kept open after the hour fixed by the first proclamation.
§ 509. Organization of tbe polls* At the hour and
place herein provided for the opening of the polls, the qualified
voters of the state then present shall, by viva voce vote,
select four of their own number to act at such election as the in-
spectors of election thereof. Such inspectors shall, so far as pos*
sible, be so selected that they shall equally represent the two politi-
cal parties of this state which at die last preceding election in
this state polled the highest and next highest number of votes re-
spectively. 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 admin-
istered shall be as follows :
** I do solemnly swear (or affirm) that I will support the consti-
tution 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."
Such oath or affirmation shall be written or printed, or partly
written and partly printed, and attached to or entered upon the
poll books used at sudi election, and subscribed by the person tak-
ing the same, and certified by the person administering the same.
Immediately upon the organization of such board of inspectors
the commanding officers to whom shall have been delivered any
official war ballots, poll books and envelopes shall deliver the same
to the inspectors of election of such election and shall take a receipt
therefor, whieh receipt shall be forwarded by mail by such com-
manding officer to the secretary of s*»te. The said inspectors shall
produce and have at the polls, before any votes are taken by them,
a box for the reception of the ballots to be voted at such election.
iBefore proceeding to take any votes they shall open said box and
publicly exhibit the inside thereof, and the same shall be entirely
268 The Election Law
empty. They shall then close and securely fasten the same and
the said box shall not be opened again nntil the close of the polls
at such election. Each such box shall have an opening in t^ie top
thereof for the reception 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
voters their envelopes containing ballots and shall deposit them
in the ballot box. He shall designate two other inspectors, of
opposite political f aith^ 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
voters entitled to vote at such election.
§ 510. Condmot of elections. 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 article, and
any member of said board of inspectors is hereby authorized to
administer and attest such oath. If any voter shall refuse
to take the oath so tendered 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 voter shall
give to the inspectors keeping the poll books, who shall each enter
upon the poll book kept by him, his name and residence by street
and number, if any, county and city or town. He shall also give
Buch other information as is required to be entered in such poll
book. When such voter gives such information to such inspect-
ors, the inspector having *clmrges of the ballots and envelopes
shall write in the proper blank spaces upon such official envelope
the name and residence by street and number, if any, of such voter,
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 sucli
voter. Such voter shall then retire to some convenient place and
shall prepare his ballots and envelope for voting.
The voter may write or paste upon his ballot the name of any
person for whom he *decires to vote for any *effice for which
such voter may lawfully vote at such election. Any such voter 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 desires and is entitled to vote at SHoh elec-
tion. Such paster ballot may be gummed and the voter may paste
*So in original
Soldiers' and Sailors' Elections 269
the whole or any part of such paater ballot upon the ofEcial ballot
Any name so written or pasted upon the official ballot shall be
deemed the choice of the voter. 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
60 attached to the ballot that when the ballot is folded no printed
portion of such paster shall be visible.
After preparing his ballot and before delivering the same to the
chairman of the board of inspectors, the voter shall fold
his ballot in such a way that the contents of the ballot shall
be concealed and inclose the same in such envelope which he shall
securely seal. He shall then deliver such envelope to the chair-
man of the board of inspectors; but before such envelope shall
be deposited in the ballot box the chairman shall declare from
such envelope the name of such voter and his residence by street
and number, if any, county and city or town, and if such voter
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 voter as voting. The
chairman shall thereupon deposit such envelope containing such
ballot or ballots in the ballot box. Any voter 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 cause, the official ballots, poll books and envelopes
shall not be provided as required by law at any polling place, upon
the opening of the polls for any election thereat, or if the supply
of official 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.
§ 511. Count of the Totei. As soon as the polls of an
election are closed, the inspectors of election thereat shall
publicly destroy all official envelopes and ballots not vot^d; and
shall then publicly open auoh ballot boxes and count and ascertain
the number of voters voting and not adjourn or postpone the
coxmt until it shall be fully completed. The board of inspect-
ors 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 comparing the envelopes conr
270 The Election Law
taming ballots found in such box with the number shown by the
pdU books to have been deposited therein. The inspectors shall
number each voter whose name is recorded in such poll
books as having voted beginning with the first name entered therein
jind numbering the same in consecutive ^order and shall fill out and
jaign the certificate required to be made by them as to the whole
number voting at such election. If the envelopes containing ballots
found in such 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
names recorded in such poll books and all such envelopes so found
in said ballot box purporting to have been deposited therein by
a voter whose name is not duly entered in suoh poll
1)Ook6 as herein provided, shall with their contents be immediately
-destroyed, without opening the same ; and if more 'dian one such
•envelope shall be found in said ballot box purporting to have been
•deposited therein by the same voter, then all sutJh envelopes and
their contents purporting to have been deposited in such ballot
box by such voter shall be destroyed. No such envelope that has
not the official indorsement as herein provided riiall be counted.
At the completion of the count the inspectors shall certify the
•correctness of the same upon the poll books and Aall puUudy an-
qaounce the result of stifsh count. The inspectors shall thereupon
inclose all such envelopes ^eonttaining imllots without opening the
jsame, in a sealed package wiidi one of «aid poll bocd^, and shall
'direct them to the secretary of state, at Albany, New York, and
«ha:ll forward the same by mail or .express ^o him as aoon as pos-
sible after such eleotion. The other of sfuch poH Isiooks shall be
sealed in an envelope directed to the ^vetmor of the state of New
York, at Albany, New Tork, and shall be forwarded forthwith to
him by mail or ex^seess, hnt -by -di'SFerent hasBtda, if ^possible, from
those carrying such envelopes containing ballots and such i>oll
boc^s, so directed to Jbe forwarded to '^e -seevetary of state^ re-
ceipts thejrefor, ae^ctively, ieing ^fcen by the chaiiman :of the
board of duspec^ovs.
§ SIS. Tbtftwtrmm s«t te %e «e|e«tod <lncwt— of 4s-
4 oraiali1j7 ef efteoMom. T^o mere informality in «fhe smhi*
ner of carrying out or executing ifce provisnons of fliis *ayticle
shall invalidate fhe election hdd ^nBer flie 'same or twrthofwe
the re jectiou of the returns thereof ; «nd the provisions of 4bis
article ^hall te liberfffly eonstrueS for tiie ^rposes lierem
pressed or intended.
SOLDIEHS' ANU SaILOBs' ELECTIONS 271
§ 513^ IMbpositteaE. off envelopes aisd banots. Upon
tke receipt b^ the govenvoT of tiie poll books of the V0tM
cast at any ssdk glaetion, he shall dioFliv^T 1^ same to the secreturjr
of state. The- secretary of starte shall upon receipt of the pack-
age» notify tiie ehairman- or any member of the state committeG*
of the parties wMeh at the- last election for governor east Ihe
highest and the next highest number of vt^tes-for sutsh office, that a4r
a day and hour named therein at his <^ee* he will open the pack-
ages and compare the poll books with the envelope* containing^
ballots received by him and with Ae pell bocka> 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 connty nnder Bis official seal in whidr
shall appear all the information hereby reqnfrccf to be entered
in snch poll books, concen^ing the voters resident m strch connty.
He shall affix his seal of office to each such envelope and shalT
transmit such statement with all the enrelopes containing ballots
of such voters resident in such county, to the clerk of each such
county, except that in any county within the city of Ifew York
such statement and envelopes shall be transmitted to the board
of elections, 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 envelopes.
Such county dork, or in the counties within the city of Kew
York the board of elections or other person or body lawfully con-
stituted to receive election returns, shall forthwith give writtmi
notice of such receipt by them, to the board of inspectors of elec-
tion of each district to which such statements and envefopes re-
spectively relate, by inclosing such notice in a properly scaletP
wrapper addressed to the chairman of such bo^rd at his
post-office address and by prepaying the postage thereon. Each
county clerk and said board of elections, said person or
other body lawfully constituted to receive election returns, after
the receipt of such statement and envelopes, shall' notify the chair-
man or any member of the county committees' of the parties which
at the last ejection for governor ca9t the highest and- mast higheat
ntnnber of votes for such office in the state, tihat at a- dfff and hour
named Aerein at his or their office he or they will open the pack-
ages containing' such statement and envelopes. Such notice shall
Ber swpved persujnally or by mail directed to the tesif known place
of UBiidMoe of such person.
272 The Election Law
It shall be the duty of such county clerk and said
board of elections or said other person or body lawfully consti-
tuted to receive election returns, to prepare a statement in like
form for each election district in said county in which any sucli
voter shall reside, and to transmit or deliver such statement with
the envelopes containing ballots of voters resident in such election
district to one of the inspectors of election of said district, taking
his receipt therefor, on the^ day before the board of inspectors
of election of said district shall convene for the purpose of can-
vassing such votes, as herein provided, who shall deliver the same
to such board. All statements provided by this article shall be
public records.
The inspectors in any election district 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 con-
vening 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 indorsement contained upon each such envelope, and if such
voter shall be a qualified voter in such election district, the chai^
man 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 oiEcers, 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 tlio said election district is situ-
ated. If upon investigation made before the deposit of said ballot
it shall be determined that such voter is not a qualified voter in
said election district, his said ballot or ballots shall be destroyed
without unfolding or inspecting the same, and the said envelope
shall be filed as above provided.
§ 514. Canvass by inspectors of election. After all
such ballots shall have been cast, said inspectors of election 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.
§ 615. Canvass by connty board. The county board of
canvassers or such other board as performs like duties, shall con-
SOLIUERS' AND SaILORs' ELECTIONS 27^
veae on the seventh Thursday after the election day, at their usual
place of meeting, at one o'clock in the afternoon for the purpose
of canvassing such statements and returns.
At such meeting of the county or other canvassing board the
said board shall proceed to canvass ^oich statements and returns
of the respective election district boards of inspectors and shall
from such statements and returns, together with the statements
and returns theretofore made of such election, make new and
separate statements of the votes cast in such county or any part
thereof, and shall complete their canvass and make the statements
provided for by section four hundred and thirty-seven of this chap-
ter, and they shall not, until such meeting, determine the result of
Ihe election, anything now provided by law to the contrary notwith-
standing. But nothing herein shall prevent any county board of
canvassers from proceeding as provided by this chapter except as
to such final determination. Such meeting or meetings of the
board of county canvassers shall be deemed a continuation of its
regular session.
§ 516. 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 canvassers 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.
§ 517. Returns or statements not made and filed
prior to certain dates in any year not to be can-
vassed. No statement, as provided by this article, which
shall not have been duly made and filed by a county board of
canvassers prior to the twenty-ninth day of December next suc-
ceeding such election in any year, shall be canvassed or affect the
result of such an election ; and no return or statement not received
by a county board of canvassers at their meeting herein pro-
vided for, shall be thereafter canvassed, or affect the result of
ench election.
274: The Election Law
§ 51& Provlsioiui of penal la^ir xelating to evintoo
asainat the elective f ranoliise to apply* All the pio*
visions of the penal law relating to orimes against ^e elective
franchise shall be deemed to apply to all elections held under the
piovisions of this article, and any person who shall violaie any
such provisions may be indicted at any time • in any conntj of
this state and may be fined or imprisoned or both so fined and
imprisoned upon conviction thereof whenever fimnd in this state.
[JlS amemded by § 26, chap. 240, Laws of 1909.]
% 6X0; FilUafT vacancies in the oAoe at inspeetor
of elootbcanu^ It shall be lawful for a majority of the in*
spectors of election provided for by this artide to execute all
the trusts and duties required to be executed by the in-
gpeotors 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 pexmanently absent him*
self from the place of holding such election, or shall for any cause
be obliged permanently to leave the place of holding such dection,
the remaining^ inspectors, or on their default the voters
present, may fill such vacancy, preserving, if possible, the hi-
pavtisanship of such board ; and any person so appointed to fill
cnioh vacancy shall take the oath of office and shall hereupon con-
tinue mth the other* inspectors to perform the duties of such office
at such election to the end thereof.
§ 520. Btoottona may be eontestedL All eleetions held
under Uiis article shall be subject to contest and inquiry in the
same manner as eleetions 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 canvassedi
§^ 8ei« Oeaieval provleions oeneeraiing electifnut to
appli^ The several officers or persons authorized by the pro*
visions- <rf tSiis article to conduct" the elections held by virtue
hereof sfialLhave the like powers, and they, as well as other penoaiis
who may be candidates for office at sueb election, or who mi^ at-
tend such deetion, or may vote or offer to vote at suoL Section,
shall be subject to the like penalties and xestrictSniSB ar are de*
dared and provided by law in case of elections withifi. tfda'
Corrupt Pkactices 275
and all provisions of this chapter, as far as applicable and not
inconsistent with the provisions of this article, shall apply to elec-
tions held under this article.
§ 522. Copies of this article to be pnblislied and
distributed. The secretary of state shall whenever necessary
cause this article to be published in pamphlet form, properly
indexed, and shall cause the same to be, as generally as may be,
circulated among the voters of this 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.
The secretary of state shall also provide in addition to the
necessary official ballots, poll books and envelopes, such other
blank forms, envelopes, instructions to voters, and other stationery
for use at each poll of any election held under this article,
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 ior their safe delivery and use at such election.
He may order or purchase any of the printing and supplies in-
quired by this article wherever he deems it desirable for the best
interests of the state. He shall also provide for the letum of
such poU books, envelopes and ballots of such election to him at
the expense of this state.
Corrupt Practlees
Section 640. Political committee defined.
541. Statement of campaign payments not made throng
political committee.
542. Personal expenses defined.
543. Treasurer of political committee.
544. Accounting to treasurer or candidate.
545. Vouchers.
646. Statement of campaign receipts and payments.
547. Campaign contributions to be imder true name of
contributor.
5.46. IPiling and preserving statements.
549. -Secretary of state to provide forms.
1 Renumbered by chap^ -990, Lawa of 1918.
270 The Election Law
Section 550. Contempt proceedings upon default in filing state-
ment.
551. Who may maintain proceedings.
562. Undertaking for costs.
553. Time within which proceedings must be brought
554. Proceedings to be summary,
555. Preference over other causes.
556. Appeals.
557. Subpoenas.
558. Personal privilege of witnesses.
559. Conduct of hearing.
560. Judgment and penalty.
661. Application of article limited.
562. ^^Party funds not to be expended for primarv
purposes.
§ 540. Political comniittee defined. The term
" political committee," under the provisions of this article, shall
apply to every committee or combination of three or more i)ersoii?
co-operating to 4iid or to promote the success or defeat of a politi-
cal party or principle, or of any proposition submitted to vote at
a public election or to aid or take p^rt in the election or defeat
of a candidate for public office; or to aid or take part in the
election or defeat of a candidate for nomination at a primarv
election or conviention, including all proceedings prior to such
primary election, or of a candidate for any office whether public
or not to be voted for at a primary election ; or to aid or defeat
the nomination by petition of a candidate under the primary
election law; but nothing in this article contained shall apply
to or in respect of any committee or organization for the dis-
cussion or advancement of political questions or principles with-
out connection with any election. [As amended hy chap, 429,
Laws of 1910.^
§ 541. Statemeiit of campaign paymeiits not made
tlirongh political comiiiittee. Any person, including a
candidate, who to promote the success or defeat of a political
party, or to aid or influence the election or defeat of a candidate
or candidates for public office ; or to aid or influence the election
or diefeat of a candidate for nomination at a primary election or
convention, including all proceedings prior to such primary elec-
11 New section added by chap. 891, Laws of 1911.
CORRUTT PUACTK'ES 27T
tion, or of a candidate for any oflSce whether public or not to be
voted for at a primary election, or to aid, influence or prevent the
nomination of a candidate by petition under the provisions o£
the primary election law, directly or indirectly, himself or through
another person, shall give, pay, expend or contribute, or shall
promise to give, pay, expend or contribute, any money or other
valuable thing except to the chairman, treasurer or a member of a
political committee, or to an agent duly authorized thereto in writ-
ing by such committee, or to a candidate or an agent of such can-
didate authorized by the candidate thereto in writing, or except
for personal expenses as hereinafter provided, shall file the state-
ment required by section five hundred and forty-six, and shall be
subject to all the duties by this chapter required of a political
committee or the treasurer thereof.
Laws of 1910.]
As amended by chap. 429,
§ 542. Personal expenses defined. A candidate for
election to a public office, or to any office whether public or not to
be voted for at a primary election ; or for nomination at a primary
election or convention ; or for nomination by petition under the
provisions of the election law, and any other person, may incur
and pay, in connection with such election, his own per&onal ex-
penses for traveling and for purposes properly incidental to
traveling; for writing, printing and preparing for transmission
any letter, circular or other publication not issued at regular
intervals, whereby he may state his position or views upon public
or other questions; for stationery and postage; for telegraph,
telephone and other public messenger service; but all such ex-
penses shall be limited to those which are directly incurred and
paid by him. A candidate shall in any event file a statement of
any contributions made by him. [As amended by chap, 429, Laiva
of 1910.]
§ 543. Treasurer of political committee. Every
political committee shall have a treasurer, and shall cause
him to keep detailed accounts of all money or its equivalent, re-
ceived by or promised to, and of all expenditures, disburse-
ments and promises of payment or disbursement made by
the committee or any of its officers or members or by any person
acting under its authority or in its behalf. No member thereof or
other person acting under its authority or in its behalf shall re-
ceive any money or its equivalent, or expend or disburse the same
until the committee shall have chosen a treasurer. There shall be
278 The Election Law
filed in the office of the secretary of state within five days after
the choice of a treasurer a statement signed by a^ least three,
members of such committee giving the name and address of the
treasurer chosen.
§ 544. Acoountins to treasurer or canditlate. Who-
ever, acting 85 an officer or member or under the authority of a
pelitical committee, or under the authority of a candidate for
public office; or for any offixje whether public or not to be voted for
at a primary election; or for nomination at a primary election
or convention ; or for nomination by petiition under the provisions
of tie election law^ receives, any money or ita equivalent, or
promise of the same^ or iexpends or incurs amiy liability to pay the
same, shall, within three days after demand, and in any event
within fourteen days after such receipt, expenditure, promise or
liability, give to the treasurer of such committee, or to such can-
didate if an. agent authorized by him, a detailed account of the
same, with all vouchee r^uired by thiis article, which shall be a
part of the accounts and files of such treasurer or such candidate.
[As amended by chap. 429, Latos 9f 1910.]
§ S^5«. Vauc&ers.. Every payment required to be re-
counted for shall, unless- the total expense payable to any one
person be not in exeea» ol five diollarsy be- vouehed for by a reeoiptrf
IhII stating the particulars of expense^ and every vonehaar, receipt
or account hereby required, shall be preserved for fifteen maa&m^
after the election to which it rdatesr.
§ 546. Statement of oampaig^ reeeipt* and pay-
ments. The treasurer of every political committee whidi, oi
any officer, member or agent of which^ in connection with any
election receives, expends or disburses any money or its equiva-
lent or incurs any liability to pay money or its equivalent shall,
within twenty days after such election, file a statement setting
forth all the receipts, expenditures, disbursem«zct3 and liabilitifis
of the committee, and of every officer, member and other peiaoB
in its bdialf. In each case it shall include the* amount HBC^ved,
the name of the person or committee fromi. whom received, die
date of its receipt, the amount of every ezpenditiArie or disburse*
mei^t, the neHie of the person or committee to whom it was Ktdsv
and the date* tiiereof ; and unibess sueh. expenditure or diebuxaemeet
^all have been made tO' anfrther political committee, ii skaU fttete
clearly the purpose of each expenditure off disborseiaeati £s-
CaKRXTPT Practices 279
peDditnres and didbnrsexnents in sums under five dollars need nok
be specificallj accounted for by separate itema, except m the case
of paymentB made for account of or to political workers, watchers
or meesengers. The stateznent to be filed by a candidate or other
person not a treasurer shall be in like form as that faereinbefoTa
provided for, but in statements filed by a candidate there shail
also be indnded all eontributions made by him, ^As amended
ijf chap. 429, Law9 of 1910.]
§ 547. CsLMapBlgn coj&trlliutioJUB t0 be nnder tme
name of contriliiitor. No person shall in any name except
his own directly or indirectly, himself or through another
person, make a payment or a promise of payment to a political
committee or to any officer or member thereof, or to any person or
persons acting undei* its authority or in its behalf, nor shall any
such conmnittee or any such person or persons knowingly receive a
payment or promise of payment, or enter or cause the same to be
entered in the accounts or records of such committee, in any nams
oth^r than that of the person or persons by whom it is mLada.
§ 546. FiHns: and preserving vtatements. All state-
ments required by this article shall be filed with the secretary of
state, except in those cases where a candidate is required to file
a statement elsewhere by section seven hundred and seventy-six
of the penal law, and all statements, vouchers, receipts and ac-
counts required by this article shall be preserved for fifteen
months after the elections to which they relate and shall be open
to public inspection. [^Ae amended hy chap. 438, Laws of 1910.J
§ S49« Seeretarjr of state to provide fomuu The
secretary of state shall provide blank forms suitable for the
statements above required.
§ 688. Contempt proeeedinse upon Aef anlt In flUns
stntonient* If any person or persons or committee or com-
mittees fails to ffle a statement or accouirt as above required,
or if any person or committee files a statement whidi does ndt
coiifurm. to the "foregoing requirements in respect to its truth,
suflSciency in detail, or otherwiae, or if any person or committee
hms faxlsd to eomply whh any other of ihe veqoimaents or pro-
w%tnt\rm of iSboB jETtide, tiw Bupreme comt ear any fiistice liieieo^
SMj oompdi by order in pioaeediiigs for eontempt, eoeh person or
flonnnittee to file m su£Gbcieirt statement or aoeount, or otherwise
fgan^j witii the pfevkdonB of this article. Hie applicant for an
280 The Election Law
order, as prescribed in this article, must present to the supreme
court, or a justice thereof, a written petition, setting forth, upon
information and belief, stating the grounds and sources thereof, or
upon the personal knowledge of such applicant or applicants, anv
failure or failures to comply with the provisions of this article,
the facts showing such failure or failures, and the names of the
person or persons, or committee or committees, charged with such
failure or failures. Except when made by the attorney-general,
Buch petition shall be verified in like manner as a verified com-
plaint in an action brought in the supreme court.
§ 551. Who may maintain proceedings. Application
for an order as prescribed herein may be made by the
attorney-general, district attorney, a candidate voted for at the
election in respect to which the allegations in such petition may
relate, or by any five qualified voters who voted at sudhi election.
§ 552. Undertaking for costs. At the time of pre-
senting the petition, the petitioner shall file with such court or
justice thereof, an undertaking in a sum to be determined and
with sureties to be approved by the court or justice thereof, con-
ditioned to pay such costs and disbursements in such proceeding
as shall be adjudged against him, as hereinafter provided, not
exceeding the sura fixed in said undertaking. Upon the presen-
tation of such petition and the giving of the security provided
for in the foregoing section, the court or justice thereof shall
forthwith issue an order, a copy of which order and petition shall
be served personally upon the person or persons named in such
petition or left at his or their last known place of residence not
less than seventy-two hours prior to the return day thereof, and
directing them to appear and show cause at a day certain within
ten days after the issue of the order, why such person or persons
should not file a statement of election expenses, or amend the
statement already filed, and to furnish the court or justice thereof
such further information as the court may require on the sub-
ject. Copies of such order shall be served on the attorney-gen-
eral of the state and on the district attorney of the county wherein
such statement is required to be filed.
§ 553. Tinie within wliicli proceeding:* mnst be
brouglit. Such petition shall be presented within fifty days
after any election in respect to which the allegations of such
petition shall relate if the statement mentioned therein
was filed within the twenty days as herein required; but if the
Corrupt Practices 281
statement shall not have been filed within said twenty days, such
petition may be presented at any time not more than sixty days
after the filing of the statement. The said petition and order to
show cause shall be filed, and any order or judgment made in
the proceeding based thereon shall be entered in the office of tho
clerk of the county in which such election was held, if held wholly
within a county, or otherwise in such other office as the court, or
a justice thereof, shall direct
§ 554. Proceedings to be summary. Upon the return
of the order to show cause provided for in section five hun-
dred and fifty-two, the court, or justice, shall immediately,
and in such manner as the court or justice shall direct,
and without respect to any technical requirement, inquire
into the facts and circumstances and into such viola-
tions of, or failure to comply with, the provisions of this article,
as may be alleged in any such petition, or into such other facts
and circumstances relative to any such election or to any con-
tribution or expenditure made in connection therewith, which
at any time, whether before or during the continuance of such
inquest, the court or justice holding such inquest shall deem nec-
essary to secure compliance with the provisions of this article or
to punish for a violation thereof. Such other persons as the
court, or justice, shall deem necessary or proper to join or bring
in as parties to the said proceeding in order to make its order,
judgment or writs effective, may be joined as parties in such
manner and upon such notice as said court or justice shall direct.
§ 555. Preference over other causes. The proceedings
upon, and the investigation of, the charges set forth in said
petition, shall take precedence and be preferred over all other
actions or proceedings by or before said court, or justice thereof,
and in case of appeals, in the appellate division and in the court
of appeals.
§ 556. Appeals. Appeals may be taken to the appellate
division of the supreme court, and to the court of appeals,
from the orders herein provided for, in the same manner that ap-
peals are taken from orders of the special term of the supreme
court, and such appeals shall be considered by such appellate
courts as appeals from orders.
§ 557. Smijpoenas. Any court or justice holding such in-
quest may issue subp<£nas for witnesses, who shall be allowed
182 Thh EuEOTioir Law
the saniA fee^ ^ose ottemdanfifr magr be enforced in the same
mtamwrf and who sdiall be snbjeet to the fliine penalties, as if
•OTTed wiitk a anbpcBoa in bdiaif of the state i& a criminal proaecor
lion in sudt Goart
§ 558. Fexnaomal pz;icvil!ege o£ ^ritneaaea. No pefsen
shall be excused from attending and testifying, or from pn>-
ducing any books, papers or other documents before the courts or
justice thereof, upon any trial, investigation or hearing, under the
provisions of ^us artiele, upon the ground or for tite reason l2iat
the testimonj or evidence,, documentary or o&erwise, required
of him, may tend to convict him* of a crime, or subject him to a pen-
alty or forfeiture ; but no person shall be proseeuted or subjected
to any penalty or forfeiture^ for or on account of any transaction,
matter or thing concerning which he may so testify, or produce
evidence, documentary or otherwise, and no testimosy so given or
produced shall be received against him Mpem. any criminal investi-
gation or proceeding.
§ 559. Conduet ef ]iMu4ae«. The attorney-general, a
district attorney or some person designated by either, or by snch
court or justice, i^all attend the incjuest and examine tiie wit-
nesses, and the persons or conunittees by or against whom the
proceeding is brought shall have the right to appear by counsel
at the inquest, produce evidence, and examine and croes-examine
witnesses in their own behalf. Such court or justice shall
have power, by a subpcsna duces tecum, to compel the production
before him or it, for examination, of any books or papers of any
kind or of any other thing which he or it may require in the
conduct of such inquiry, and which is relevant and material.
Such court or justice diall have power to cause any person who
shall neglect or refuse to appear before him or it as a witness,
having been duly summoned, to be brought before him or it; and
any person in attendance as a witness, who shall refuse to be
sworn aS' a witness, or who being sworn shall refuse to answer any
proper questiims prc^unded to him, and any perscm who, haaring
been duly siunmoned, shaU neglect er refuse to appei»r before such
court er jnatice, may be adjtidjped guilty e£ contempt and may be
jfined not move than one tbraaand dollars,, or imprisoned not more
than thirty days, or both.
S 560. JwtgmieiKt asd pesaHy* The said court or jtEstice
l^reof shall render judgment in sn^ proceedmgs as fol-
Corrupt Peactiobs 285
Iowb: If such person or persons or committee or c5mmittees
proceeded against, have failed to file the required statement, or
have filed a false or incomplete statement, without wilful intent
to defeat tlie provisions of this article, the judgment shall require
the person or persons proceeded against to file such statement or
such amendment to the statement, as shall Tender the same true
and complete, within ten days of the entry of the judgment, and
to pay the costs and expenses of the proceeding. If such person
or persons or committee or committees have failed to file a state-
ment, or have filed a false or incomplete statement, and such
failure to file or such false or incomplete statement was due to a
wilful intent to defeat the provisions of this article, or if the peiv
son or persons proceeded against shall fail to file the required
statement or amendment as directed by a judgment of a court or
justice within ten days after the entry of such judgment, the
person or persons or committee or committees proceeded
against shall be liable to a fine not exceeding one thousand
doUars, or imprisonment for not more than one year, or both*
If such person or persons or committee or committees have
filed a statement complying with the provisions of this article, or
if the person or persons, committee or committees proceeded
against, or either of them, aw not required to file a statement as
prescribed herein, the court or justice shall render judgment
against the applicant or applicants^ and in favor of such person or
committee, for his or their costs and disbursements, to be taxed
by such court or justice.
§ 561. Application of article limited. The provisions
of this article shall not be applicable to elections of town or village
officers in any town or village, or to any person, association or
corporation engaged in the publication or distribution of any
newspaper or other publication issued at regular intervals in
respect to the ordinary conduct of such business.
§ 562. Party fuudm not to be expended for primary
purposes. No contributions of money, or the equivalent
thereof, made, directly or indirectly, to any party, or to any party
committee or member thereof, or to any peraon representing or
acting on behalf of a party, or any moneys now in the treasury of
any party, or party committee, shall be expended in aid of the
designation or nomination of any person to be voted for at a pri-
mary election, either as a candidate for nomination for public
office, or for any party position. [ A« udded bff chap. £dl, Lawa af
1911, and amended by chap. 8B0, Lame of 1#13.]
284 The Electidn Law
*
^ ARTICI.E 17
Laws Repealed; Wben to Take Effect
Section 570. Laws repealed.
571. When to take effect.
§ 570. Iiaws repealed. Of the laws enumerated in the
schedule hereto annexed, that portion specified in the last colunui
is hereby repealed.
§ 571. When to take effect. This chapter shall take
effect immediately.
SCHEDULB OF LaWS BeFEALED.
Revised Statutes .... Part 1, chapter 6, ^
Laws of Chapter Section
1778 12 9
1778 16 All
1778 39 All
1781 36 3
1784 66 2
1787 15 .-.. 1-25,27
1789 12 All
1789 35 All
1791 5 • All
1791 52 All
1792 S3 All
1792 72 All (15th Seas.)
1792 1 All (16th Sess.)
1792 5 All (16th Sess.)
1793 14 All
1796 32 All
1796 57 82
1797 62 1-10,12,18
1799 51 All
1800 23 All
1801 24 All
1801 61 1-9,11-18,15,19.20
1801 64 1-3
1802 81 1,8,4
1804 2 All (28th Sess.)
lAs renumbered by Chap. 800, Laws of 1913.
Laws Repealed 285
Laws of Chapter Section
1807 112 AU
1808 ,-. 170 2.8
1809 16 All
1810 193 12
1811 201 All
1812 56 All
1812 169 All
R. L. 1813... 25 All
R. L. 1813... 41 All
1815 145 All
1819 37 All.
1821 246 All
1822 34 1
1822 250 1-15,17-26,80
1823 268 All
1824 258 All
1824 316 All
1825 ■ 33 All
1826 245 All
1827 179 1-7,10,11
1828 20 19 (2d Meet.)
1828 21 1, t^ 45, 192, 427, 480, 506,
529 (2d Meet.)
1829 139 All
1832 '248 All
1832 249 All
1837.... 445 All
1841 301 All
1842 130 All
1842 325 3-5
1844 331 All
1845 354 All
1847 240 All
1851 217 All
1854 286 All
1855 513 All
1866 79 All
1859 380 All
I860 349 All
I860 480 All
1861 307 All
286 Tub Election Law
Laws of
1864
1865
1865
1865
1866
1866
1870
1870
1870
1870
1871
1872
1872
1872
1873
1873
1873
1875
1876
1877
1877
1878 354
1879
1880
1880
1880
1880
1880
1880
1880
1880
1880
1881
1881
1881
1881
1882
1882
1882
1882
Chapter
Ssction
253
.. All
475
. . All
570
.. All
740
.. All
524
. . AU
812
.. All
134
.. All
138
.. All
388
.. All
503
.. AU
712
.. AU
570
. ; All
698
.. All
757
.. All
314
.. All
474
.. All
824
.. All
138
.. AU
287
.. AU
28
.. AU
322
.. All
354
.. AU
320
.. AU
66
.. AU
142
.. All
366
.. AU
437
.. AU
460
.. AU
465
.. AU
508
.. All
553
.. AU
576
.. All
18
.. AU
137
.. AU
163
.. AU
196
.. AU
13
.. AU
154
.. AU
366
.. AU
410
. . 1839-1
1861, 1«64-1866, 1868-19W,
1981
Laws
Bepeaubd 287
Laws of
Chapter
Section
1883
. . 316
All
1883
. . 380
All
1883
. . 422
All
1883
. . 608
All
1884
. . 161
All
1885
. . 267
3, 4
1885
. . 446
All
1886
. . 649
All
1887
. . 265
All
1888
. . 583
[For sections repealed in title
XX. as amended, see chapter
236, Laws 1891, in this sched-
ule] Title 20, §§ 8-25; 26
all after the word "board."
' in the last line; 27-32
1889
1
All
1890
.. 117
All
1890
. . 169
All
1890
. . 262
All
1890
.. 321
All
1890
. . 330
All
1890
. . 355
All
1891
7
All
1891
. . 236
[Sections 3 to 25, inclusive, all
after the word " board " in the
last line of section 26, and sec-
tions 27 to 32, inclusive, of
title XX. of chapter 583, Laws
1888, as amended by chapter
236, Laws 1891] 1 part
amending L. 1888, Ch. 533,
Tit. 20, §§ 3-25 ; 26 all after
the word " board " in the last
line ; 27-32
1891
.. 296
All
1S91
.. 336
All
1892
.. 127.. \
All
1892
. . 680
All
1893
.. 333
All
1893
.. 274
All
1893
.. 370
All
2»S8 The Elkction Law
Laws of
Chapter
Section
1894
61
. . AU
1894
275
. . All
1894
302
. . All
1894
348
. . 2-8
1894
764
. . All
1894
765
. . All
1895
23
. . All
1896
73
, . All
1895
138
. . All
1896
158
.. AU
1895
810
.. All
1895
909
.. All
1895
991
.. All
1895
992
, . All
1896
993
,. All
1896
1034
, . AU
1895
1035
.. AU
1896
163
. . AU
1896
339
. . AU
1896
909
. . AU
1897
379
. . AU
1897
410
.. AU
1897
449
.. AU
1897
450
. . All
lol/i • . • y . • . «
608
, . AU
1897
609
. . AU
1898
168
. . All
1898
179
,. All
1898
335
.. AU
1898
340
.. AU
1898
363
.. 9
1898
674
., AU
1898
675
. . AU
1898
676
. . AU
1899
58
.. All
1899
266
.. AU
1899
363
. . AU
1899
466
. . AU
1899
467
. . All
1899
473
, . All
1899
499
. . AU
Laws Repealed 289
Laws of Chapter Section
1899.- 630 All
1899 641 All
1899 649 All
1900 202 All
1900 204 All
1900 225 All
1900 381 All
1900 506 All
1900 648 All
1900 684 All
1900 711 All
1900 732 All
1901 95 All
1901. 113 All
1901 167 All
1901 208 All
1901 232 All
1901 300 All
1901 360 All
1901 530 All
1901 536 1, 2
1901 544 All
1901 598 3, 4
1901 615 All
1901 654 All
1902 89 All
1902 176 All
1902 195 All
1902 241 All
1902 405 All
1903 Ill All
1903 122 All
1903 197 All
1903 595 All
1903 644 All
1904 70 All
1904 74 All
1904 249 All
1904 350 All
1904 394 All
10
290 Tub Election Law
Laws of
Chapter
Section
1904
.. 487
. . All
1904
. . 488
.. All
1904
. . 733
.. All
1905
. . 49
. . All
1906
. . 165
.. All
1905
. . 207
. . All
1905
. . 229
.. All
1905
. . 643
. . All
1905
. . 674
.. All
1905
. . 675
. . All
1905
. . 689
. . All
1906
. . 159
.. All
1906
. . 227
. . Al!
1906
. . 259
. . All
1906
. . 331
.. All
1906
. . 466
.. All
1906
. . 498
.. All
1906
. . 502
.. All
1906
. . 570
.. All
1906
. . 642
. . All
1907
. . 119
.. All
1907
. . 255
.. AU
1907
. . 296
.. All
1907
. . 470
.. All
1907
.. 472
.. All
1907
. . 504
.. All
1907
. . 596
. . All
1907
. . 654
. . All
1907
. . 744
.. All
1908
. . 105
.. All
1908
. . 456
.. All
1908
. . 463
.. All
1908
. . 464
.. All
1908
. . 480
.. All
1908
. . 488
.. All
1908
. . 489
.. All
1908
. . 491
.. All
1908
.. 492
.. All
1908
. . 521
.. All
INSTRUCTIONS FOR GUIDANCE OF ELECTION
OFFICERS AT GENERAL ELECTIONS.
The following brief instructions are intended not as a complete
guide for election officers, but merely to point out where their
more important duties may be found in the text of the election
law.
GENERAL POWERS AND DUTIES.
Preliminary Duties.
One of the preliminary duties of an election officer should
be to familiarize himself with the boundaries of his election dis-
trict, in order that he may be able to decide at once whether an
elector, upon giving his place of residence, is entitled to be r^s-
tered or entitled to vote in his election district. This knowledge
may be obtained by application to the town or city clerk, or board
of elections, where maps or certificates of the boundaries of elec-
tion districts are required to be filed. See § 298.
Organization of Boards of Inspectors.
The first duty to be performed by boards of inspectors is the
registration of electors, and before entering upon that duty, the
inspectors of each district shall meet and appoint one of their
number chairman, or if the majority shall not agree upon such
appointment, they shall draw lots for that position. See §§ 313,
314.
Inspectors to Act as a Board.
In all proceedings of the inspectors acting as registrars, inspec-
tors or canvassers they shall act as a board, and, in case of a ques-
tion arising, as to matters which may call for a determination by
them, a majority of such board shall decide. See § 314.
Smpplying Vacancies and Absences.
If ^ the time of any meeting of the inspectors^ there should be
a yaeaBey in any of the eteetion offices^ or any election ofiicers
£2»IJ
292 Instructions for Election Officers
should be absent, the offices should be filled, or absences supplied,
from the political party entitled to the vacant place, in the man-
ner prescribed by law; and the person so appointed or desig-
nated to act as an election officer should immediately take the
constitutional and statutory oaths, as prescribed by the election
law. See § 313.
Preservation of Order by Inspectors.
All meetings of the board of inspectors shall be public, and the
board and individual members thereof shall have full authority
to preserve peace and good order at all meetings of the board and
around the polls of elections, to keep the access thereto unob-
structed, and to enforce obedience to their lawful command:^
The board may also call upon voters to assist in the performance
of these duties. See § 315.
REGISTRATION OF ELECTORS.
Meetings.
Before every general election, meetings for the registration of
electors are to be held as follows: In New York city meetings
shall begin on Monday the twenty-ninth day before election «ind
continue on each day of the same week up to and including Sat-
urday. On the fourth Friday, fourth Saturday, third Friday and
third Saturday before election, in cities (outside of New York)
and villages of 5,000 inhabitants or more. On the fourth
Saturday and third Saturday in all election districts other than
cities and villages of 5,000 inhabitants or more. See § 150.
No inspector shall on any day of r^stration be absent, during
the hours fixed for enrolling the names of electors. See § 152.
Not more than two watchers of each political party or inde-
pendent body entitled to file certificates of nominations may be
present at such polling place, and within the guard rail, from
at least fifteen minutes before the commencement of the said
meeting until after the completion of the duties of the board of
inspectors for that day of registration, provided that women may
act as watchers at meetings for registration immediately preced-
ing any election whenever held at which a woman suflFrage con-
Instbuctiokts for Election Officers 293
Btitational amendment is to be submitted to the voters, except
that but one woman watcher for, and one woman watcher op-
posed to, llie adoption of such amendment shall be permitted.
See § 152.
Register of Electors.
Each inspeptor is required to make one copy of the register of
voters, and he should not make any entry in any register but
his own, or permit any other person to make an entry therein.
The copy made by the chairman of the board of inspectors,
which is known as the " public copy of registration," is to be left
in a prominent position in the place of registration, from the first
day of registration until election day. Each other inspector must
carefully preserve his raster and be responsible therefor xmtil
the close of the canvass of the votes on election day, and on the
last day of registration a statement of the number registered shall
be made as provided in section 177, except that in cities of the
first class, at the close of the last day of registration, the chairman
of the board shall take from an inspector of opposite political
faith, the register made by such inspector and deliver it to the
police for filing, as required by the election law, and the two other
inspectors of opposite political faith shall each retain their re-
spective registers of electors, for use on election day. See § 177.
Entries are to be made in the blank books for registration of
voters, and when necessary, in the book of identification state-
ments for registration day, which books are to be delivered to the
inspectors before the hour set for registering the names of voters
on the first day of registration. Such books contain instructions
which should be carefully read by each inspector before proceeding
with the registration of voters, and in addition thereto, the in-
spectors are advised to read carefully the provisions of section
166 for full and complete instructions.
Qualifloatioiis of Electors.
The qual^cations of a voter for the purpose of having his
name placed on the raster, are fully set forth in section 162, and
should be thoroughly understood by the inspectors of election.
294 Instructions for Election Officers
Ckallengea.
If an applicant for registration be challenged, or if any mem-
ber of the board of inspectors shall have reason to suspect that
such applicant is not entitled to be registered, his name should
not be entered on the register of voters unless upon examina-
tion under oath, the applicant shall prove to the satisf action of
the inspectors his right to be registered. Blank challenge affida-
vits are provided for each board of inspectors, which are to be
filled out by the inspectors in every case of challaige. If a
member of the board shall have reason to suspect that the appli-
cant is not entitled to have his name entered on the roister,
and if the applicant shall by his answers satisfy a majority of
the board of inspectors of his right to be registered, they shall
register his name; if not, they shall point out to him the qualiii-
cation which he lacks as a voter, and his name shall not be en-
tered upon such register except as provided by section 153 of the
election law, relating to the adding and erasing of names on the
register. See § 169.
Dnties at the Close of Registration Days.
At the close of each day's registration, each inspector is re-
quired to draw a line in ink immediately below the name of the
voter last entered upon each page of his register; and upon the
succeeding day of registration, he must enter the names of voteiB
immediately under such lines. See § 177.
The inspectors must also, at the close of each meeting, sign
the certificate contained in the last pages of each registration
book, to the effect that such register as it now is, is a true and
correct register of the names and residences of all the persons
r^stered respectively. See § 176.
Inspectors of each election district shall at the close of the last
day of registration, certify to the officer or board charged with
the duty of furnishing baUota and to the state superintendents of
elections the total number of electors registered in such district
Inspectors of each district are required to furnish to the same
officials a^t the close of each day of registration the total numbcv
Instbuctions for Election Officers 295
of electors registered on such day in their respective districts.
See § 181.
At the close of the last daj of registration^ the inspectors shall
file the book of stubs and unused challenge affidavits with the
oflBcer from whom it was received. See § 172,
Boards of inspectors of election districts in cities of the first
and second class are required immediately after the close of the
last day of registration to make and complete one list of all per-
sons registered in their respective districts in numerical order
of the street numbers thereof, which list shall be signed and certi-
fied by the board of inspectors, and delivered by the chairman of
the board to the police captain of the precinct in which the elec-
tion district is located, or to an officer thereof. See § 157.
At the close of the last day of registration in cities of the
first class one of the registers should be filed as provided for in
section 178.
The board of inspectors of each election district shall on each
day of registration transfer to cards to be provided for that pur-
pose by the secretary of state, which cards shall be in form and
style approved by the state superintendents of elections, a com-
plete copy of the name of each person registered in their re-
spective districts, together with all of the answers made and
information given by the person registered, at the time of regis-
tration, and such cards, inclosed and sealed in a cover to be pro-
vided for that purpose by the secretary of state, shall be delivered
forthwith personally or by mail, by the chairman of the board of
inspectors together with a statement on a blank form, to bo
furnished by the secretary of state after approval by the state
superintendents of elections, that the cards delivered contain a
correct copy of all the names registered and information given by
the persons so registered, to the state superintendents of elections
at one of their offices to be designated by them. See § 485.
296 Instructions for Election Officers
DUTIES ON ELECTION DAY.
Opening of the Polls.
Election officers are required to meet at the polling places of
their respective districts not later than 5:30 a. nu, and proceed
to arrange the polling places for the orderly and l^al conduct
of the election. See § 350.
For manner of arrangement of polling places, see § 317.
Sealed packages containing official and sample ballots, instruc-
tion cards and stationery, are required to be distributed to each
election district at least one-half hour before the opening of the
polls of such election therein. The inspectors upon receiving
such packages, shall give to the officer or board delivering the
same a receipt therefor. The register shall also be convenientlj
placed within the guard rail. See §§ 343, 360.
If the official ballots required to be furnished shall not be de-
livered at the time required, the board shall cause imofficial bal-
lots to be prepared as nearly in the form of the official ballots
as practicable. See § 345.
The following duties shall be performed by the inspectors
before opening the polls:
1. Open the sealed package of instruction cards, and cause
them to be posted in the manner provided by law.
2. Open the sealed package of official ballots and sample ballots
and place them in charge of the ballot clerks.
3. Place the poll books in charge of the poll clerks.
4. Cause the distance markers to be placed at a distance of one
hundred feet from the polling place.
6. See that the voting booths are supplied during the hours of
voting with pencils having black lead only.
6. Unlock the ballot boxes, see that they are empty, allow the
watchers present to examine them, aiid lock them up again while
empty in such manner that the watchers present and the persons
just outside the guard rail can see that such boxes are empty
when they are relocked.
Instructioxs for Election Officers 297
7. The election officers should be stationed as near each other
as practicable within the enclosed space. See § 350.
8. Designate an inspector to receive ballots from the electors
voting, and if a majority shall not agree to such designation, such
position shall be filled by drawing lots. See § 353.
9. If at the opening of the polls or during the day of election
there should be a vacancy in any of the election offices, or any
election officer should be absent, such vacancies and absences
should be filled at once. See § 313.
Proclamation of Opening of Polls.
The polls of every general election shall be open at six o'clock
in the forenoon. See § 291.
One of the inspectors shall then make proclamation that the
polls of election are open and of the time in "the afternoon when
the polls will be closed. See § 350.
The following form may be used, or any other that will meet
the requirements of law:
" Hear ye ! hear ye ! hear ye ! The polls of this election are
opened, and all persons attending the same are strictly charged
and commanded, by the authority and in the name of the people
of this state, to keep the peace thereof during their attendance
at this election on pain of imprisonment. And all persons are
desired to take notice that the polls will be closed at five o'clock
in the afternoon."
Watchers and Challengers.
Duly authorized watchers, two of each political party or inde-
pendent body, upon the production of their credentials, should be
admitted within the guard rail at least fifteen minutes before the
unlocking and examination of any ballot box at the opening of the
polls, and may be present until after the announcement of the
result of the canvass of the votes cast thereat, and the signing of
the original statement of the canvass, and copies thereof, by the
inspectors. Women watchers to be allowed at certain times.
See § 362.
298 Instbuctions fob Electiok Officebs
A reasonable number of challengers shall be permitted to re-
main just outside the guard rail of each polling place, whetre they
can plainly see what is done within such rail outside the voting
booths, from the opening to the close of the polls thereat. See
§ 362.
Delivery of Ballots to Electors.
Do not allow within the guard rail more than twice as many
voters as there are voting booths thei^eat, in addition to the per-
sons lawfully within such guard rail for other purposes tiian
voting. See § 356.
Persons lawfully authorized to be admitted within guard rail
are enumerated in section three hundred fifty-one.
When a voter enters within the guard rail, after giving his
name and residence, and age, if required by the inspectors^ one
of the inspectors shall thereupon announce tJiie name and resi-
dence of the elector in a loud and distinct voice, and if such voter
is entitled to vote thereat, and if there is no ohallenge^ or if
challenged and the challenge be decided in his favor, one of the -
ballot clerks shall deliver to him a set of official ballots folded in
the proper manner for voting. See § 356.
If it be an election for which electors are required to be regia-
tered, the other inspectors shall^ before any ballots are ddivered
by the ballot clerks^ ascertain whether he is duly registered, and
the ballot clerks shall not deliver any ballots to such voter, until
the inspectors announce that he is registered. See § 353.
The ballot clerks shall deliver the ballots in such order that
the numerical order of the numbers printed on the stubs of the
ballots delivered shall be the same as the order of the suocesaive
deliveries thereof. The ballot numbered one on the stub being
the first delivered, and so om See § 354.
If, in addition there shall be any baUots of qnestioDS submitted,
such ballots shall be delivered to the voter in soch <»rder that the
number on the stubs of both ballotB so delivered diall be the saflse.
See § 354.
Instructions for Election Officers 299
In case one of a set of ballots bearing the same number shall
be fotmd defective in printing, or mutilated, before the same is
given to the voter, all ballots of that number shall have the stubs
removed therefrom by the ballot clerks, and such ballots shall be
deposited in the box for spoiled and mutilated ballots, and the
stubs in the box for detached stubs; and a memorandum shall be
made of the fact that such set was not delivered to the voters.
See § 354.
The ballot clerks shall upon the delivery of official ballots to
the voters announce the voter's name and the printed number on
the stub of each ballot so delivered. See § 354.
Upon the return of a ballot or set of ballots unvoted, they shall
announce the name of the voter returning them, and the printed
number oa the stubs of the ballots so returned, and shall at once
remove the stubs from such returned ballots, and deposit the same
in the box for detached stubs, and such ballots in a box for spoiled
and mutilated ballots ; and shall then make a memorandum of the
number of such ballots and the fact that they were returned
spoiled by the voters. See § 354.
If a voter deface or tear a ballot, or wrongly mark the same,
he may successively obtain others, one set at a time, not exceeding
in all three sets, upon returning each set of ballots so defaced or
wrongly marked to the ballot clerks. See § 358.
Upon each delivery of the official ballot, or set of official ballots,
by the ballot clerks to a voter, each poll clerk must make the
proper entries in the proper column of the poll book. See § 355.
Only such ballots shall be delivered to a voter, as the voter is
legally entitled to vote, and also a sample ballot when the same
is asked for. See § 356.
Assistance for Certain Electors.
In cases of physical disability or illiteracy of a voter, which
must be declared by the voter under oath, two of the election
officers, who shall not be of the same political faith, may enter the
booth with such voter and assist him in preparing his ballots.
300 Instructions for Election Officers
Such election officers are forbidden to influence such voter, or
reveal to any person the name of any candidate voted for by such
voter. See § 357, relating to assistance at town meetings or
village elections.
Reoeiving of Ballots.
When the ballot of a qualified voter is presented to lie in-_
spector in charge of the ballot box, such inspector shall announce
the name of the voter and printed number on the stub in a loud
and distinct voice, and if the voter be entitled to vote and be not
challenged, or if challenged and the challenge be decided in his
favor, and if his ballots are properly folded and have no mark or
tear visible on the outside thereof, except the printed number on
the stub and the printed endorsement on the back, and if such
printed number is the same as that entered on the poll books as the
number on the stub or stubs of the official ballot or set of ballots
last delivered to him by the ballot clerks, such inspector shall re-
ceive such ballot or ballots, after removing the stub or stubs there-
from in plain view Of the voter, and v^ithout removing any other
part of the ballot, or in any way exposing the face thereof below
the stub, shall deposit each ballot in the proper ballot box for the
reception of voted ballots, and the stub in the box for detached
ballot stubs. See § 359.
As each elector votes the poll clerks shall enter in the poll books
in the column provided therefor, opposite the name of such elector,
the number upon the detached stub of the ballot or set of ballots
voted by him. See § 355.
As each elector offers his ballot or set of ballots which he intends
to vote, to the inspector, each poll clerk shall report to the in-
spector whether the number entered on the poll book kept by him.
as the number on the ballot or set of ballots last delivered to such
elector is the same as the number on the stub of the ballot or set
of ballots so offered. See § 355.
Challenges.
A person may be challenged, either when he applies for an
official ballot, or when he offers the baDot that he intends to vote^
Instructions for Election Officers 301
or previously by notice to that eiFect to an inspector by any voter.
It shall be the duty of each inspector to challenge every person
offering to vote, whom he shall know or suspect not to be duly
qualified as a voter. See §§ 169, 361.
In such cases the following preliminary oath shall be tendered
to him: " You do swear (or aflSrm) that you will fully and truly
answer all such questions as shall be put to you touching your
place of residence and qualifications as an elector." See § 362*
The inspectors or one of them shall then ask the following
questions under the preliminary oath :
1. What is your name?
2. What is your age ?
3. Where do you reside? State as precisely as you are able
the particular locality of your place of residence.
4. How long have you resided in this election district ?
5. What was your last place of residence before you came into
this election district?
6. How long have you resided in this country ?
7. How long have you resided in this state ?
8. Are you a native or naturalized citizen?
If a naturalized citizen —
9. When were you naturalized ?
10. Where and in what court, or before what officer ?
11. How long have you resided in the United States?
12. Did you come into this election district for the purpose of
voting at the next ensuing election ?
13. How long do you contemplate residing in this election
district ?
14. Have you made a bet or wager, or are you directly or
indirectly interested in any bet or wager depending on the result
of the next ensuing election ?
15. Have you received, or offered to receive, or do you expect
to receive, any money or other valuable thing as compensation
or reward for giving your vote at the next ensuing election ?
16. Have you paid, offered or promised to pay, contributed,
offered or promised to contribute, to another, to be paid or used.
302 IXSTRUCTIONS FOR ELECTION OFFICERS
any money or other valuable thing, or mado any promise, to
influence the giving or withholding of any vote at the next ensuing
election ?
17. Have you been convicted of felony ?
18. If so convicted, have you been pardoned and restored to
all the rights of citizenship ?
In addition^ such other questions may be asked which may tend
to test the qualifications of the persons offering to vote as a resi-
dent of the election district, citizenship and right to vo^ at such
polling place. See § 362.
Upon the refusal of any person to take the preliminary oath,
and to answer fully the questions which may be put to him, his
vote shall be rejected. See § 362.
After receiving the answers of the person diallenged, the in-
spectors shall point out to him the qualifications^ if any, in respect
to which he shall appear to them to be deficient See § 362.
And if the person persists in his claim to vote, and the chal-
lenge be not withdrawn, the following oath shall be administered
to him: "You do swear (or affirm) that you are twenty-one
years of age, that you have been a citizen of the United States
for ninety days, and an inhabitant of this state for one year next
preceding this election, and for the last four months a resident
of this county, and for the last thirty days a resident of this
election district, and that you have not voted at this election ? '*
See § 363.
If the person so offering to vote shall be challenged for causes
stated in section two of article two of the Constitution of this
state, the following additional oath shall be administered by one
of the inspectors: " You do swear (or affirm) that you have not
received or offered, do not expect to receive, have not paid, offered
or promised to pay, contributed, offered or promised to contribute
to another, to be paid or used, any money or other valuable thing
as a compensation or reward for the giving or withholding of a
vote at this election, and have not made any promise to influence
the giving or withholding of any such vote and that you have not
Instructions for Election Officebs ^03
made, or become directly or indirectly interested in any bet or
wager depending upon the result of this election." See § 363.
If the person so offering to vote shall be challenged on the
ground of having been convicted of bribery or any infamous
crime, the following additional oath shall be administered to him
by one of the inspectors: "You do swear (or affirm) that you
have not been convicted of bribery or any infamous crime, or if
so convicted, that you have been pardoned and restored to all the
rights of a citizen." See § 363.
If any person shall refuse to take either oath so tendered, his
vote shall be rejected, but if he shall take the oath or oaths ten-
dered him, his vote shall be accepted. See § 363.
A record of the persons challenged is required to be kept, con-
taining the name of every person who is challenged, or who takes
either the preliminary or general oath, or both, specifying in each
case the particular oath taken, and at the close of election, the in-
spectors shall certify that the record contains the names of all
persons challenged at such election in such district See § 364.
Glosixis the Polls and Counting the Vote.
The polls shall be closed at five o'clock in the afternoon. The
closing of the polls shall be deemed to mean the close of the de?
livery of official ballots to the electors, and the electors entitled
to vote who are in the polling place at or before the time fixed for
the close of the polls, shall be allowed to vote. See § 291.
Immediately upon the closing of the polls, the inspectors of
election shaU publicly canvass and ascertain the votes, and shall
not adjourn or postpone the canvass until it shall be fully com-
pleted.
At the close of the polls the ballot clerks shall make up in
triplicate in ink a return which shall account for all the official
ballots furnished to the election district in which they are serving;
they shall count and verify the number of each kind of unused
ballots, and enter it upon their returns; they sliall then open the
box for ballots canceled before delivery and spoiled and returned
804 Instructions for Election Officers
by voters, separate them into their several kinds, count all ballots
of each kind and enter the nnmbers upon their returns. They
shall make the additions and subtractions called for by the retnms
and prove their figures. In making their returns as aforesaid,
the ballot clerks shall use the printed forms supplied to them
with the ballots, and they shall carefully insert in all the blank
spaces thereon the appropriate names, words and figures according
to the directions contained in article nine of this chapter and
printed on the forms.
Each kind of. ballot and each kind of stub shall immediatelv
after they are counted as aforesaid be securely tied in a separate
package, and shall be plainly labeled, sealed, and returned to the
box from which it was taken, and the box securely locked and
sealed. The ballot clerks shall also securely tie all unused ballots
in a sealed package. They shall then sign and swear to their re-
turns before one of the inspectors and shall deliver their returns,
the boxes, packages, ballots and stubs, together with the keys of
the boxes, to the chairman of the board of inspectors. The bal-
lots so sealed and delivered shall be deposited and preserved as
ballot boxes are hereinafter required to be deposited and preserved.
3. Poll clerks. Immediately upon the close of the polls the
poll clerks shall assist the inspectors of election in comparing the
poll-books with the registers as hereinafter provided, and shall
make out in triplicate in ink and sign and swear to their returns
before one of the inspectors of elections according to the forms
provided, and deliver them to the chairman.
4. Order of canvassing. The ballot boxes shall then, and not
before, be opened and the ballots shall be canvassed, in the fol-
lowing order:
First. The box, if any, containing presidential ballots.
Second. The box, if any, containing general ballots; and
Third. The boxes, if any, containing ballots upon constitu-
tional amendments or ol^er questions submitted, including town
questions. See § 366.
Instructions for Election Officers 305
Metl&od of Canvassing.
The chairman of the board of inspectors shall personally unfold
each hallot of the kind then to be canvassed in such a manner that
its face shall be down and all marks thereon shall be wholly con-
cealed, and he shall place all the ballots, so unfolded and with their
faces down, in one pile. He shall then take up each ballot in
order, turn it face up, and announce in a loud and distinct voice,
the vote registered on the first section or that the ballot is void or
that the section is blank, as the case may be. He shall then turn
the ballot face down and place it in a new pile. When he has an-
nounced the votes on the first sections o£ all the ballots of the kind
then to be canvassed, and the poll clerk's tallies made as here-
inafter provided are proved to be correct, the official return pro-
vided for in article thirteen shall be filled out and signed. Then,
and not before, the chairman shall proceed to canvass in like
manner the votes upon the next section to be canvassed, and thus
he shall proceed until all the ballots have been canvassed.
As each vote is announced each poll clerk shall immediately
tally it in black ink, with a downward stroke from right to left
upon the official tally sheet provided for the purpose, also care-
fully tallying one for each blank or void vote. Each poll clerk
as he tallies a vote shall clearly announce the name of the can-
didate for whom he tallies it, or that he tallies the vote blank or
void as the case may be, or in case of a question submitted that he
tallies the vote ** Yes " or ** No " as the case may be, and until
such announcement by each poll clerk the chairman shall not an-
nounce another vote. When a candidate's name is not printed on
the official tally sheet or return provided, it shall be written in
full thereon in ink in its due order, that is, in the order in which
it appears on the ballot. The tally marks shall be made in due
numerical order in the tally spaces provided.
When all the sections relating to the same office or question
shall have been canvassed, the number of ballots shall be com-
pared with the tally thereof. If the result as shown on the tally
sheets does not agree with the results as shown by the number of
306 Instbuctions fob Election Officebs
ballots^ an error has been committed and a recanvass must be
made. Upon the recanvass, the tally must be kept in red ink
from left to right across the previous tally marks. When all the
errors have been corrected and the tally sheets have been fonnd
to be correct, the poll clerks shall indicate the last tally opposite
each name by forthwith canceling at least the next ten nnnsed
tally spaces, if there are so many, and if there are not so many,
then as many as possible, by drawing through them in red ink
one or more horizontal straight lines. The tally sheets having
been thus prepared, verified, and closed, the inspectors and poll
clerks shall sign the certificate at the foot of each sheet in the
places indicated thereon.
• 2. Canvassing ballots when more than one candidate is to be
elected to the same office. When more than one candidate is to
be elected to the same office, the forgoing method of canvass shall
be modified to meet the necessities of the case, as follows :
The chairman shall read the names of the candidates voted for
in the order in which they- appear in the section, and each poll
clerk shall make an accurate tally of each vote as announced upon
the official tally sheet provided for the purpose. The chairman
shall also announce the void ballots, if any, and the number of
blanks, if any, upon the section, and each poll clerk shall make
as many tallies for each void ballot as there are candidates thereon
to be elected to the office in question, and one tally for each blank.
3. Canvassing presidential ballots. The strai^t ballots, that
is, all valid ballots on which all the candidates in any party group
are voted for, shall be placed in piles, like with like, and the split
ballots, that is, all valid ballots marked in one or more of the
individual voting squares or with names written thereon, shall be
placed in one pile, and all void ballots and wholly blank ballots
shall be likewise placed in separate piles. Each of the piles shall
then be counted and the result clearly announced, and the number
of straight votes for each candidate shall be entered in gross
opposite his name on a tally sheet by each poll clerk, and the
number of split, void and wholly blank ballots shall be similarly
entered in their appropriate places. The chairman shall then
Instructions foe Eli^ction Officeks 307
take the split ballots and they shall be canvassed, announced and
tallied in the manner above provided for canvassing ballots when
more than one candidate is to be elected to the same office^
In all cities and villages of five thousand inhabitants or more,
the chairman of the board shall forthwith upon completion of the
count of votes and announcement thereof, deliver to the police
officer on duty at the polling place a statement subscribed by the
board stating the number of votes received by each candidate for
office. See § 372.
Statement of CanTass and Certified Copies.
Upon the completion of the canvass the board of inspectors
shall make out an original statement of canvass and two certified
copies thereof, and sign and certify them as required by law.
See § 373.
The ballots voted, except the void and protested ballots, should
be replaced in the box from which they were taken, together with
a statement as to the number of such ballots so replaced, and each
such box shall be securely locked and sealed, and deposited with
the officer or board furnishing such boxes. See § 374.
Proclamation, of Result.
Upon the completion of the canvass and of the original state-
ment and certified copies, and the result thereof, the chairman of
the board shall make public oral proclamation of the result of the
canvass. Sea § 376.
The original statement of canvass and the certified copies
thereof will then be securely and separately sealed with sealing
wax in an envelope properly endorsed on the outside thereof by
the inspectors. See § 376.
Delivery and Filing of Papers, etc.
At every general election, the chairman of the board shall
forthwith upon the completion of the canvass, deliver one certified
copy thereof as follows:
One copy shall be delivered to the supervisor of the town or
city in which the election district is situated, and if there be n&
r'^OS I>'STRUCTIOXS FOR El.ECTlON OFFICERS
supervisor, or he be absent or unable to attend the meeting of the
county board of canvassers, such copy shall be forthwith delivered
to the assessors of such tov^n or city. See § 377.
One certified copy of such original statement of the result of
the canvass, the poll books of the election and one of the tally
sheets shall be forthwith filed by the inspectors, or by one of them
deputed for that purpose, with the town or city clerk as the case
may be. See § 377.
The original certified statement of the result of the 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 electors, with the sealed pack-
ages of the detached stubs and unvoted ballots, and one of the
tally sheets shall within twenty-four hours after the completion
of the canvass, be filed by the chairman of the board of inspectors,
with the board of elections of the county in which the election
district is situated. See § 377.
The registers of electors and public copy thereof shall be filed
at the close of the canvass of votes, or within twenty-four hours
thereafter shall be filed respectively with the board of elections
of the county in which the election district is located, and in the
city of !N"ew York with the office located in the borough of Man-
hattan, and with the chief clerk of the branch office of the board
of elections in each other borough of the city of New York. See
§ 180.
In the city of New York, the orijrinal statement of canvass,
the sealed packages of void and protested ballots and other elec-
tion papers and packages, shall be filed as provided in section 378
of the election law.
HOW TO VOTE.
The voter should enter within the guard rail through the en-
trance provided, and forthwith proceed to the inspectors and give
his name and residence to the inspectors. If entitled to vote, and
his vote is not challenged, or if challenged, and the challenge be
4ecided in his favor, one of the ballot clerks will deliver to him
Instructions for Election Officers 309
one official ballot, or set of official ballots, folded in the proper
manner. See § 356.
He will then retire alone to one of the voting booths for the
purpose of preparing his ballots. The following rules are to be
observed in marking ballots (see § 358) :
1. To vote for an entire group of presidential electors of any
pavty by means of a single mark, he shall make a cross X mark
in the circle above the party column.
2. To vote for any candidate on any ballot, except for an entire
group of presidential* electors by means of single mark, he shall
make a cross X mark in the voting square at the left of the
candidate's name.
3. rf a voter makes a cross X mark in the circle above a party
column and also makes a cross X mark in one or more voting
squares at the left of the names of one or more presidential
electors or writes in a name or names, he shall be deemed to have
voted for the electors whose names are thus specially indicated
and also for all the electors on the ticket so marked in the circle,
except those whose names are opposite to the names so specially
indicated.
4. To vote for any candidate not on the ballot, he shall write
the candidate's name on a line left blank in the appropriate place.
5. To vote on any constitutional amendment or question sub-
mitted, he shall make a cross X mark in the appropriate voting
square at the left of the question as printed on the ballot.
A cross X mark shall consist of any straight line crossing any
other straight line, at any angle, within a circle or voting squara
Any miark other than a cross X mark or any erasure of any kind
shall make the whole ballot void ; but no ballot shall be declared
void because a cross X mark thereon is irregular in character.
Any ballot which is defaced or torn by the voter shall be void.
If a voter shall do any act extrinsic to the ballot itself, such as
inclosing any paper or other article in the folded ballot, such
ballot shall be void. If the elector marks more names than there
are persons to be elected to an office, or if for any other reason it
18 impossible to determine the elector's choice of a candidate for
310 Instructions for Election Officers
«
an office to be filled, his vote shall not be counted for such office
but shall be returned as a blank vote for such office. Where, in
the case of a candidate for governor, the candidate is nominated bv
two or more political organizations, and the voter makes a cross
X mark in two or more voting spaces or squares, his vote for such
candidate shall be counted, but he shall not be recorded in the
tally sheet or returns as voting with any particular party or inde-
pendent body.
If the voter should spoil a ballot or one of a set of ballots he
may successively obtain others from the ballot clerk, not exceed-
ing in all three sets, upon returning each set of ballots defaced or
wrongly marked. See § 358.
No voter should be allowed to occupy a voting booth occupied by
another, nor to occupy a booth more than five minutes in case all
the booths are in use and voters are waiting to occupy the same.
See § 358.
Before leaving the voting booth the voter should fold his ballot
in the proper manner for voting, which is first by bringing the
bottom of the ballot up to the perforated line, and second, by fold-
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 endorsement on the back of the
ballot shall be visible, so that 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. See §§ 356,
359.
The ballots handed to the voter by the ballot clerks will be prop-
erly folded and can be refolded by him in the same manner. Such
manner of folding should be carefully observed before unfolding
his ballot for the preparation of his vote. See § 356.
After preparing his ballots tiie Toter should proceed at once to
the inspector in charge of the ballot box, deliver his ballots to him
and after seeing them deposited, leave the enclosed space. See
§ 359.
Insteuctions fob^ Election Officers 311
A voter who declares on oath at the time of registration or if
subsequently disabled, on the day of election, that for lawful
reasons he is unable to mark his ballot without assistance, may
receive the assistance of two of the election officers in marking
the same. See § 357.
All ballots must be marked with a lead pencil having black
lead only. See § 358.
An elector is not allowed to re-enter the enclosed space after
having voted. See § 359.
An elector who does not vote a ballot delivered to him must
return the same to the election officer before leaving the polling
place. See § 359.
INDEX
Affidavits: page.
hotel keepers holding liquor licenses, S 481 253
Albany:
mayor and recorder, wlien members of state board of canvassers,
I 441 242
Aldennen:
designated for party nomination on official primary ballot, § 45.. 32
Hats of candidates for, § 131 7S
American flag:
display in polling places, § 300-a 152
provided by whom, § 300-a 152
size of, i 300-a 162
Application for registration:
See Reqistbatiok.
Apportionment:
election expenses, § 318 164
See also Conventions; Elections; Expense.
Army:
See Soldiers and Sailors' !'%.rX'TioNS.
Assemldy:
special election for member, g 202 141
statement of county canvassers of vote for member, f 437 237
Assemldy districts: "
divided into primary districts. § 74 49
See also Election Districts.
Assessors:
statement of result filed with, § 377 212
Ballot boxes:
arrangement of, at polling places, f 350 1«SS
ballot, not to be rejected if found in wrong, § 85 50
description of, $ 316 162
detached ballot stubs, § 316 162
at primary elections, § 79 52
examined by inspectors, § 84 58
by secretary and tellers, at unofficial primary election, §02.. 64
general ballots, § 316 162
gnard-raU, to be kept within, 8 351 180
at primary elections, | 83 58
locking and unlocking of, $ 350 188
number and kind of, § 316 162
order of opening, § 366 203
[313]
314 Index.
Ballot Boxes — Continued: fage.
polling places, supplied for, § 300 152
for primary elections, as in case of general elections, § 79 54
questions submitted, § 316 162
separate box for each party, | 79 54
how marked, § 79 54
spoiled and mutilated ballots, § 316 162
town ballots, § 316 162
town propositions, § 316 162
unvoted ballots, { 79 54
Ballot clerks:
appointment, in towns, § 312 160
for primary election only, where voting machines used, | 74.. 40
compensation, § 319 165
general duties, $ 354 101
names of persons serving as, to be furnish^, § 300 15S
number and qualifications, § 302 154
pasters, delivered to and affixed by, § 137 81
report in statement of ballots, § 137 SI
primary election, appointed for district musing voting machines, § 74 49
return sheets, expense of providing, § 318 164
vacancies and absences, how supplied, § 313 16n
voting machines, not appointed or elected where used, § 4 IS 230
Ballots:
ballot label, term defined, § 420 231
ballot returns, form of blanks for, § 337 ITS
boxes for imvoted ballots and detached stubs to be supplied, § 70. . 55
constitutional amendments, form for, § 332 173
county clerks to provide, § 341 1S3
custodian of primary records, prepared by, § 79 55
death of candidates after printing of ballots, use of pasters, § 137.. 81
delivery to voters, § 356 104
to whom, § 79 55
when, S 79 55
where, § 79 55
description of, § 331 168
destroyed, when to be, { 88 61
detached ballot stubs, box for, § 316 162
preservation of, § 378 213
disposition of, after canvass, § 88 61
distributed by county clerks, § 343 1S5
errors and omissions in, § 344 1S6
folded together, when to be counted, § 367 204
folding of, § 356 W
form of, S 331 168
found in wrong box, how counted, § 367 2W
Index. 315
Ballots — Continued : taok.
generally, §§ 330-345 167-'191
instruction cards, expense of providing, {318 164
intent of voters, determined from markings, § 86 60
rules for canvassing, § 368 205
irregular, disposition of, f 414 227
how cast on voting machine, § 408 223
term defined, § 420 231
judicial investigation of, § 381 214
manner of voting, § 350 198
marked for identification, protested, § 370 208
marking, rules for, § 358 196
method of counting, § 368 205
New York city, filing in, § 378 213
not to be unfolded outside of booth, § 359 198
number of, § 79 55
official, expense of providing, § 318 164
kept within guard rail, § 351 189
number for each polling place, § 340 183
similar in form and style, § 331 168
when provided at public expense, § 330 167
official primary, § 58 41
defined, i 3, subd. 11 3
pasters affixed to, § 137 81
when to be used, § 137 81
persons not candidates, how indicated on, § 358 196
preparation of, by voters, § 358 196
preservation of, except void or protested, § 374 211
presidential electors, vote of, how cast, § 454 246
printing on back, { 331 168
produced, when to be, § 88 61
proposition submitted, form for, § 332 173
protested, filing of, § 376 212
preservation of, § 374 211
provided by whom, § 341 183
public inspection of, | 342 185
questions submitted, form for, § 332 173
intent of voters at primary elections, ft 86 60
sample, expense of providing, { 318 164
how printed, § 333 174
spoiled and mutilated, box for, § 316 162
straight ticket, how marked, { 358 196
stubs, description of, 9 331 168
detached, box for, S 316 162
removal of, in view of voters, { 359 198
what to contain, | 331 168
term defined, § 420 231
316 Index.
Ballot! — Continued :
town propositions, form for, $ 332 IT-'t
unofficial, used in lieu of official ballots, { 345 I Sri
voting machines, when to be used in, { 406 222
when to be voted, § 360 199
unused, in New York city, disposition of, § 201 120
unvoted, delivery and filing, § 376 21i
verifying number of, S 367 204
void, description, | 86 60
marks on, § 86 6<»
preservation of, f 374 211
void and protested, filing of, § 377 212
voting machines, form for, § 307 2IS
official, number of, { 399 219
party columns on, g 397 21 *»
sample for, § 398 21S
war, how printed, § 503 263
official env^opes for, § 504 2U4
when delivered, where voting machines are used, § 404 222
wilful defacement of, § 371 20P
without official indorsement, how counted, $ 367 204
See also Ballot Boxes; Canvass; Instbijctton Cabds; Pbimabt
Ballots; Sample Ballots; Soldiers and Sailobs' ELEcnoirs;
Voting Machines.
Banners:
American flag, display of. § 300-a 152
not allowed in or near polling place, 8 84 5H
Blanks:
furnished for use nf clrotion officers. § 334 17")
Board:
judicial proceedings bocauhe of action or neglect of, f 56 40
See also County Clerks.
Board of canvassers:
See Canvassers. County Board of: Canvassers. State Boabd or;
New York City.
Boards of elections:
abolished in Broome and Oneida counties. Ji 200-a 122
ballot boxes provided by, § 79 55
ballots and stationery provided by, § 341 18.3
bi-partisan character of, § 196 1 18
independent certificates of nomination, filed with, § 127 74
when to be filed, § 128 75
certification of nomination by secretary of state, § 129 75
eommissioners of elections, to organize as a board, { 192 115
members of board designated as, § 190 4 112
number of, § 190 112
Index. 317
Boards of elections — Continued: page.
custodian of primary records, to act as, § 202 120
declination of nomination, time of filing with, {133 78
distance markers provided by, f 79 55
duties and powers of, ( 190 112
election records and appliances transferred to, § 206 122
employees of, § 197 118
enrollment, publication of, S 22 23
transcripts to be provided, S 22 23
established, § 190 112
in cities of first class containing one or more counties, § 190 . . 112
expenses of, how paid, { 200 119
false registration, investigation of, § 157 93
filling vacancies in board, $ 195 117
general oflSce and branches, i 198 118
generally, §i 190-208 112-122
lOiard-rails provided by, § 79 55
lista of candidates sent to town clerks and aldermen by, § 131. ... 78
new nominations, certificates filed with, § 136 81
New York city, certificates of nomination filed with, § 127 74
election expenses, | 318 164
nominations, how published, § 130 76
to be custodian of primary elections, § 202 121
nominations to be published by, § 130 76
number of commissioners, § 190 , . \J2
office hours, rules and regulations, § 207 122
official seal, § 203 121
police aid for, $ 199 U9
political parties, representation among commi'SsionerB,, § 190 112
poll-books provided by, § 79 55
polling places provided by, § 79 55
public record of proceedings to be kept, % 208 121
registers and unused ballots, disposition of, § 201 120
registry lists published, § 157 93
rules and reports, § 192 115
salaries of commissioners, § 193 116
sample ballots provided by, § 79 55
statements of canvass, tally sheeti^ and poll-books filed with, § 204. 121
supplies for primary elections provided by, § 70 55
for general election, § 341 183
voting booths provided by, $ 79 55
See also Cmss; Counties; Gommibsionebs of Elections; Ctjsto-
DIAN OF PRIMABT RECORDS ; NeW YobK CiTT ; NEW YOBK GOUNTT.
Boards of inspectors:
See Inspectobs.
318 Index.
Boards of primary election officers: pags
members of, § 74 4'»
duties of, how divided, § 74 4i>
See also Pbimabies.
Booths:
arrangement of^ upon opening of polls, § 350 18$
description, § 6 €
expense of providing, § 318 164
number and description of, § 317 1G3
polling places, supplied for, § 300 lo2
provided and paid for, for primary elections, as in case of general
elections, § 79 54
provided for registration, § 6 6
by custodian of primary records, §6 6
number of, § 6 6
supplies for, § 6 6
time of erection, § 6 6
term to include ballot machine inclosure, § 412 225
time of occupancy by voter, § 358 196
Boroughs:
See Boards op Elections; CmEs of 1,000,000 Inhabitants; i^ew
York City.
Bronx county:
See New York City.
Brooklyn:
See New York City.
^ufialo:
election districts, creation, division and alteration of, § 206 146
places for registry and voting, designation of, { 299 150
See also Ballots; Erie County.
Building department:
reports to state superintendents of elections, § 483 254
Campaign committees:
party rules may provide for, § 35 2S
Campaign contributions:
detailed statement of, § 546 27$
name of contributor, to be under, | 547 279
not made through political committee, statement of, § 541 276
primary purposes, restrictions as to use for, S 562 2S3
See also Corrupt Practices.
expenditures:
detailed statement of, § 546 278
primary elections, made for, § 541 276
vouchers for, § 545 278
See also Corbuft Pbacticks.
\ • •
Index. 319
Campaign expenses: paok.
personal expenses defined, f 542 277
secretary of state to file and preserve statements, § 548 279
See also Cobbuft Pbactices.
Candidates:
ballots, bow marked, § 358 196
certificate of election to party position, delivered by custodian of
primary records, § 89 63
certificate of party nomination, delivered by custodian of primary
records to, § 89 63
for party nomination to be made at primaries, § 45 32
designated by petition, for party nomination to be made at pri-
maries, § 46 32
arrangement on official primary ballot, § 58 41
designation, term defined, § 3, subd. 10 3
violation of provisions relative to, a misdemeanor; penalty,
i 93 65
form for designation for election to party position by petition, § 4S. 33
for party nomination by petition, § 48 33
independent nominations, per cent of voters to make, § 122 67
lists posted by town clerks and aldermen, § 131 78
names printed on tally sbeet by inspectors of election, § 79 55
newspapers, support by, § 301 152
designated by petition for party nomination by enrolled voters,
§ 48 34
party funds restricted in use for primary purposes, § 562 283
party nomination, canvass by custodian of primary records, § 89. . 62
canvass by secretary of state, § 89, subd. 2 63
party position, canvass by custodian of primary records, § 89 ... . 62
personal expenses defined, f 542 277
statement of result of canvass may be examined by, § 88 61
support of, by newspapers, § 301 152
vouchers for expenditures, § 544 278
See also Certificates of Nomiwatiow; Cobbuft Practices; New
YOBR CiTT; NOMINATIOIf; PRIMABIES.
Canvass:
adjournment or postponement not to be, S 85 59
ballot boxes, order of opening, | 366 203
begins at closing of polls, S 366 203
disposition of ballots after, § 88 61
generally. |§ 360-382 188-214
InspectoTB to make and sign original statement of, § 373 210
meUiod of canvassing, § 368 205
New York city, statements filed in, f 378 213
poliee, statement delivered to, | 372 t 210
I poll-books and registers compared, f 367 204
")20 Index.
Canvtas — Continued: fage.
preparation for, § 366 203
primary inspectors to make, § 85 59
primary returns, violation of provisions relative to. a misdemeanor;
penalty, § 93 65
proclamation, of result, | 375 211
at primary election, | 87 61
public view of, S 366 203
room to be lighted, § 366 203
rules for making, § 85 59
soldiers and sailors' vote, duties of inspectors, § 514 272
how conducted, § 611 26f>
statements and certified copies to be sealed, § 376 212
transcript of result may be made by watcher, § 88 61
void and protested ballots, preservation of, § 374 211
when voting machines used, S 413 225
certificate signed by* inspectors, § 413 225
written statement on statement of result sheet in duplicate, § 87 61
See also Ballots; Ganvassebs, Cornmr Boabd of; Cantasbers,
State Boabd of; Statements; Vornvo Machines
Canvassers, boards of:
generally, §§ 430-444 232, 244
tSee also Canvassers, County Board of; Canvassebs, State
Boabd of.
Canvassers, county board of:
corrfoted statements, mandamus to state board to canvas, $ 435.. 236
proceedings of state board upon, § 434 23«'«
determination of election by, § 438 239
how made, § 438 239
election district statements, correction of error in, § 432 234
mandamus to correct errors, § 433 234
meetings, when held, § 430 232
order to compel, i 430 232
organization of, § 430 232
quorum, § 430 232
soldiers and sailors' vote canvassed by, § 615 272
statements of canvass, how made, § 437 237
production of, § 431 233
sent to governor, secretary of state and comptroller, § 439 240
Canvassersi state board of:
certificates of election sent by secretary of state, § 443 244
corrected statements of county boards, mandamus to canvass, § 435. 236
proceedings upon, §§ 434, 436 235, 236
dissenting opinion filed with secretary of state, | 442 243
maxkdamnB to correct errors, § 433 234
meetings, secretary of state to appoint, § 441 242
Index. 321
CAATasserSy State Board of — Continued: PAOI.
organization of, § 441 242
quorum, | 441 242
soldiers and sailors' vote canvassed by, § 516 273
statement and determination of, § 442 243
statements of county boards canvassed by, § 442 243
Cards:
secretary of state to provide, f 485 256
See also State Sttfebintendent of Eubkttions.
Cards of instruction:
expense of providing, { 318 164
See also Stationebt; Supplies.
Certificates:
boundaries of election districts, § 298 149
designation, filed after printing of ballots, $52 37
election officers, appointment, S 307 157
name, title of office, party, emblem, transmitted by secretary of
state to custodian of primary records, § 51 37
record of persons challenged, § 364 202
vacancy, certificate filed after printing of ballots, § 52 37
effect of, § 52 37
secretary of state, when filed with, | 52 37
what to contain, { 62 37
Certificates of nomination:
filed with board of elections for certain offices, i 127 74
in duplicate for town offices, § 127 74
with city, village or town clerk, § 127 74
with secretary of state, for certain offices, f 127 74
fraudulent or forged names, § 123 69
independent, $ 122 69
designation of committee, i 123 69
form of, S 123 69
how made, § 123 *. 69
time of filing, § 128 76
written objection, filed and heard, § 134 79
omitted emblems, how supplied, § 126 74
places of filing, $ 127 74
public records, $ 127 74
record of, open to public inspection, $ 127 74
what to contain, § 127 74
special election, time of filing, { 128 75
vacancy, manner of filing certificate to fill, § 136 80
See also Certificates; Nominations.
Challenge affidavits:
disposition of, § 172 p 104
form of, i 168 100
322 Immx.
Gkallenge a&doYitB— ^Continued:
investigation into truth of, | 170 103
preparation of, §, 167 99
(SMlengers:
duties and qualifications of, $ 352 1S9
at primary elections, §> 84 5S
number at polls, f 352 17T
permitted at primary elections, (84 5S
Challenges:
applicants for registration, § 169 102.
comparison of description and answers, | 36 L 199
enrollment book, record in, § 5 6
entry requiring, to be made, § 173 104
form to be used, § 72 49
InspectorET to challenge doubtful persons, 9 3^1 19^
oatir to he admrinisteredS t 363 201
offit:ial' primary elections, §• 72" 48
preliminary oath, § 362- 200
procedure at official primary election, 8^ 71 48
questions, § 362" 200
record of persons challenged, | 364 202
where filed, § 377 212
voter subject to, § 71 48
when offered, § 361 t 199
See also Challenge Affidavits; Elections; Ihsfkctoeb; Oatb,
Obange of residence:
See Enrollment; Reoistration ; RcsiDSNom
Ollies:
Albany, mayor and recorder, when meiBb«r» of stattt bo»rd of- can-
vassers, § 441 242
ballots and stationery, distribution of, | 343 185
board of primary election officers, duties, §> 74 40
number of officers, §• 74- 49
certifying changes in register, §• 179* 107
certifying number of registered eleetorsj §> 181 108
divided into primary district*, § 74 49
election districts, creation, division and alteration- of, § 996 146
maps and certificates of boundaries of, § 29& 149
redistricting of, $ 419 230
election expense, apportionment of, f 318 164
when held on general election day, §• 318 164
when not held on general election day, ^ ZIS 164
election officers, appointment of, § 303 155
party lists to be authenticated, § 304 155
municipal offices, first class cities, number of 8ignatiiz«» vei^uped
on certificate, § 122^-. 67
new. election, district, certified, copy of. regiater for,. §. 186 110
^a
— Continued:
registration, how oendiuyted, | 168 95
other than general elections, § 160 96
registration and polling places, publication of list, { 301 3i&
voting machines, adaption of, § 393 217
See also Enbollment; Primabies; Hboistbatioii.
CHies joi fLLBt cUm:
bMnd 4]f .«lectionfi evtablii^ed, f 190 112
certifying changes in register, § 179 107
election officers, compensation of, § 319 IM
mmovftl jmd iUling of vaoancies, t 8M 1^7
enrollment, i^ublication oI» | 22 23
official ballots, number to be flupfflied, § MO 183
regiaters, custody and Aling ef, fi 178 106
See also Boaods of Eukjtiomi; Kbw YvkkCiwk', ftminnn; Usqis-
ZBA3ION.
City clerks:
bihllbtB Mid sM^ioneiy delivered to, f 848 185*
certificaite of noninatton filed «with, | 1^ 74
declination of nomination, time of filing with, ^ 188 T8
duplicate etatement of neirit «of canvass filed with, § 87 61
Olty Record:
boundaries of election di^icts published in, "^ 801 162
canvass 'by election districts published in, % 439 240
registration and polling places published in, § 301 1^2
Columns:
arrangem^t of register, | 155 89
See also Ballots; Reoisteb; VonriNQ Machittes.
Commissioners of elections:
appointment, term and qualifications of, § 191 IL^
bi-p«rrtisan character of board, § 196 11^
employees, | 197 118
expenses of board, how paid, S 200 119
general office and branches, § 198 118
organization of board, { 192 115
recommendation for appointment, § 194 116
salaries, 8 193 116
vacancies in board, how filled, § 195 117
See also Boabds of Elections; Custodian of Pbimaet Recqbos.
C— imittees:
designation of, on independent certificates of nomination, ^ 123. . . 69
new county erected^ committees for, { 56 39
new jmrty^ existing committees eontiiMied, i &5 39
notified, when declination filed, | 50 36
party committees, § 35. • 28
term defined, S 3, subd. 13 3
See also Pabtt Committees.
324 Index.
Common council: PAGfi^
places for registry and voting, designation of, § 299 150
See also Cities.
Comptroller:
statements of canvass sent to, § 439 240
Concurrent resolutions:
publication of, § 295 145
See also Constitxttioiyal Amendments; Newspapers; Secbetabt
OF State. "*
Congress:
president of senate, messenger from presidential electors to, § 455.. 246
representatives in, certificates of election of, § 443 244
resignation, where filed, § 450 245
special election for, § 292 141
statement of county canvassers, § 437 237
when chosen, § 450 245
Congressional districts:
delegates to national conventions, when and how chosen from. § 50. 33
presidential electors nominated by, § 54 39
Constitutional amendments:
proposed, form of ballot for, § 332 173
notice of submission of, § 294 143
publication of, § 295 145
See also Ballot Boxes; Newspapers; Qttestions Submitted; Sec-
retary OP State.
Contempt:
penalty for, in contempt proceedings, § 559 2S2
See also Corrupt Practices; Courts.
Contempt proceedings:
See Courts.
Conventions:
national, method of choosing delegates to be decided by rules, § 53 . . 38
Correction of enrollment:
method of making, § 24 26
Corrupt practices:
accounting to treasurer or candidate, § 544 273
act relative to, §§ 540-562 276-2^3
campaign contributions, not made through committee, statement of,
§ 541 276
made under true name of contributor, § 547 279
default in filing statement; appeals, § 556 281
contempt proceedings, § 550 279
hearing, conduct of, § 559 282
judgment and penalty, § 560 282
maintained by whom, § 551 280
preference over other causes, f 566 281
subpoenas, § 557 281
Index. 325
Corrupt practices — Continued:
default in filing atatement — Continued: page.
summary, proceedings to be, i 554 281
time within which proceedings must be brought, § 553 281
undertaking for costs, { 552 281
witnesses, personal privilege of, S 558 282
election law, application of article 20 limited, § 561 283
personal expenses defined, i 542 277
political committees, defined, { 540 276
statements filed with secretary of state, § 548 279
secretary of state, forms for statements provided by, § 549 279
treasurer of political committee, powers and duties of, § 543 .... 277
vouchers for campaign expenditures, § 545 278
Counters:
canvass, when voting machines are used, § 413 225
See also Votino Machines.
Counties:
boards of canvassers, organization of, § 430 232
boards of elections established, § 190 112
expense of election, when not held on general election day, § 318 164
new, committees for, how constituted, § 55 39
questions submitted, statement of county canvassers, § 437 237
See also Boards or Elections; Canvassers, County Board of;
Primaries; Registration.
County board of canvassers:
See Canvassers, County Board of.
County committee:
members of, elected at primary elections, s '67 29
number of members, § 37 29
party committee, to be, § 35 28
party rules and regulations to govern, § b/ 29
rules for government of party and conduct of official primaries to be
preparcfd by, § 40 30
See also Committees.
County officers:
independent nomination, number of signatures required on certifi-
cate, $ 122 67
record of election filed with secretary of state, § 444 244
statement of county canvassers, § 437 237
Courts:
ballot boxes opened upon order of, < 374 211
ballots, order for correction of, S 344 186
conflict in names or emblems, order as to, § 125 73
corrected statements of county boards of canvassers, canvass of,
I 435 ] 236
S2S6
Courts — Continued:
county board of canvassers, .Bnetiiig ^and eigHlMiAioa '«(£, § 430. ... 232
default in ^ling atatements of fyelittoMl ommittwe*; vpperita, if ^6 . . 281
contempt proceedingB, § S90. • 282
hearing, ^eonduct of, •! 660 282
judgment and penalty, f 590 282
maintained 'by whom, S Wi 280
preference over other causes, § 065. 281
subpoenas, § 557 ^ 281
summary, proceedings to *be, 1 554 281
time within -which proceedings must "be ^brought, § 553 280
undeitaking for costs, § 552 280
witnesses, personal privilpge of, { 558 282
enrollment reviewed by ; conduct of, § 23 '24
When person not in sympathy with party, | 24 26
errors in statements of canvass, mandamus to correct, § 433 234
investigation of ballots, § 381 9t
objections to -certificates of nominations, determinsrtTon of, '§ Y9i. 79
order «dding and erasing names on legitfber, § 153 85
floldiers and 'sailors' elections, xirder for recanvasB, S 520 274
United States, northern distri(«t, lists forwarded from preaideKfiia
electors to judge of court, § 456 247
Cross mark:
description, | 82 57
intent of electors at primary elections, § 86 HO
what constitutes, § 358 - • • • 1^
See also Ballots.
•Custodian:
See Voting Machines.
<Castodian of primary records:
assigns polling places to partm, 4 HA^ .^ . . • « •« «« 49
blanks for election officers, J 334. • • . . . 175
board of elections to act as, § 202 «. 120
oanvassing statements of result, method, § 89 42
^f designation filed with^ after printing of ballots, | £2. . . . . . 37
of election to party position delivered to candidate by, §80. 62
of party nomination deliver-ed to <>andidate by, ^ 80 62
of vacancy filed with, after printii^ of ballot, {52 37
certified copy of enrollment book, delivered to chairman of each
party by, § 16 ^... 19
prepared for each party, S ^•- — -> . .^. • . . 19
correction of enrollment, method of, { 14-a ..^^ ... .««....«^ 13
declination of -designation transmittsd to, >bj secretai^ of state,
S 50 36
rwiitillini of primary records — Goniinw&d:
deMgnaAsoBS fiMf intt^ } 40;. subdx V. ^. ^ »» ^^. .... 36
stamped 0£ indorsed by, § 49», subd. 2 86
ta be public. recocda» § 49y. anbd; V — 36
duplicate declaratioo, attached ta enDolimeitt book b^ |[ 14. . . ....»«• 12
election notices sent Ux, § 293 •. 142
enMiUjnaBA blaiikB,^ propaced andx dtBlributtd) b^ § 7' 7
to be public records,. §.15 — 17
enrollamilr books^ daliiered by,. | 4r 5
enrollment books and records, delivered to, after last dlft(f of' regis-
tration, § 12 11
length of time to be kept on file, § 88 59*
enrollment boxes, deUvesedt toi i- 14. 12
in the custody of, ^ VI 10
locked and sealed, when to» b* opened b;, | 14 12
opened hy, f II. ^ 10
provided by, S 6 6
enrollment envelopes prepared and distributed by, |< 7 7
to be opened by, § 14 12;
fees, when salaried officer, § 21 23
judicial proceedings, how caused by, § 68 40
judicial review of enrollment, ssr^ce o£ notice,. | 23 24
name or emblem, duty when conflict sj^iees-, § 125 73
notices published or posted by, § 205 1'21'
officer or board acting as, § 3, subd. 7 3
official primary elections, notice prepared and piftblisbad: by, % 75>. . 50
original enrollment books,, delivered to election inapeotar» for afficial
primary elections, § 18 20
pasters, when furnished, by, § 52 37
preparation of ballots by, § 79 54
provides- facilities for keeping^ publio reooids and ma4ti«ig copies^ of
same, § 49, subd. 1 ^ SS
records showing nomination of party candidate equivafent to cer>
tificate of nomination, § 121 66
rules and regulations for party government filed- with, ^46 30
sample ballots provided by, 9 79 64
secretary of state to transmit certiftcate of name, tide of office,
party and emblem to, § 51 37
statement, of result canvassed by, 1 89 ^ 62
of result of canvass filed with, § 87 61
of time, place and object of conventions, delivered to,, §. 75. ... 60
of votes cast for certain candidates filed with secretary of state
by, § 89 62
of votes cast for certain officeis, time ol filing with secratary
of state, § 89 62
eupplies for voting booth provided by, f 6. . . .<« .• .-. . 6
328 Index,
Custodian of primary records — Oontinued: page,
tally sheets and blank statements of result prepared and furnished
by, 8 79 54
time of filing notice of conventions with, § 75 50
transcript from enrollment books, certified by, § 21 23
voting booths provided by, § 6 6
wards or assembly districts in city or village of 5,000 or more di-
vided into primary districts by, § 74 49
See also Ballots; Booths; Enbollkent; Primabies; Supfliss.
Death of candidate:
See Candidates.
Declaration:
duplicate, attached to original enrollment book, § 14 12
where personal registration not required, § 13 12
where personal registration required, § 12 11
what to contain, where personal registration required, § 12 H
where personal registration not required, § 13 12
See also Statements.
Declination of nomination:
candidate's name not to appear on official primary ballot^ § 50 36
filed in writing, § 50 3^
when filed with secretary of state, 5 50 ^
See also Candidates; Nomination; Vacancies.
Definitions:
committee, § 3, subd. 13 3
custodian of primary records, | 3, subd. 7 3
designation, § 3, subd. 10 3
fall primary, { 3, subd. 4 2
general election, § 3, subd. 1 2
independent body, § 3, subd. 14 ^
independent candidate, § 3, subd. 18 ^
independent nomination, § 3, subd. 16 4
independent nominee, § 3, subd. 18 ^
nomination, § 3, subd. 9 ^
ofiScial primary, § 3, subd. 2 2
ofiScial primary ballot, S 3, subd. 11 ^
ofiScial primary election, § 3, subd. 2
party, $ 3, subd. 8 3
party candidate, § 3, subd. 17 *
party nomination, § 3, subd. 15 3
party nominee, § 3, subd. 17 *
party position, § 3, subd. 12 3
primary day, § 3, subd. 3 2
spring primary, § 3, subd. 6 2
unit of representation, § 3, subd. 6 3
unofficial primary, § 3, subd. 2 « . . 2
— ^Aial primary elections, | 3, subd. 2 2
Index. 32t)
Dedgnation: page.
certificate of, when filed after ballots printed, § 52 37
copies of, made -by custodian of primary records, § 49, subd. 1 36
declination of, filed in writing, § 50 36
filed with certain oflScers, § 60 36
transmitted by secretary of state, § 50 36
filed with custodian of primary records, § 49, subd. 1 36
manner of filing by party committee, § 49, subd. 1 36
stamped or indorsed by secretary of state or custodian of primary
records when filed, § 49, subd. 2 36
term defined, § 3, subd. 10 3
time and place for filing by party committee, § 49 36
violation of provisions relative to, a misdemeanor, penalty, { 93 . . 65
See also Candidates ; Nomination ; Petition.
Detexminations:
county clerks to transmit to secretary of state, § 439 240
See also Canvassers, County Boabd of; Canvasskbs, State
BoABD or.
Direct nominations:
See Candidates; Conventions; Nomination; Pbiicabiss.
Disability:
See Votsbs.
Disqualification:
See Vacancies.
Distance markers:
expense of providing, § 318 164
paid for by whom, § 79 54
provided by whom, { 79 54
supplied to each polling place, § 333 174
See also Stationebt; Supplies.
Election day:
Tuesday succeeding first Monday in November, § 3, subd. 1 2
See also Elections; Fall Primabv; Special Elections; Spbinq
Pbimabt.
Election districts:
abolition, consolidation or change, in towns, § 297 148
ballots and sample ballots for, § 79 54
boimdaries to be published, § 301 152
creation, division and alteration of, § 296 146
custody of registers after election, § 180 108
enrollment books, to be prepared for, §4 5
maps and certificates of boundaries, | 298 149
new, certified copy of register for, § 183 110
number in primary district, § 74 49
number of voters in, § 419 230
poll-book for each, f 78 51
230 IVCEK.
flifictioii diBtricts — Continued :
rediatricting of, § 4£19 ^ 230
reflidenoe oliaiiged wtfchm, § 1€5 99
■tatement of canvaBfi, cocrectioA of, § 4S2 234
Buppliefi and fucniture, expense .of pFOvJdhig, { ft>6. , 164
See aUo Boards xxf ELSonroNs,; -CiTas; ^uauamB; giiiiiwiiinrTfTTT
Slection expenses:
apportianment, .§ Sl^ 164
See also BooonBi; fflMEqriww; Brulabiss^ SoiAmmiBff.
Slection inspectors:
See Inspectobs.
Election law:
article 15, savhig clause r^ative to voting machines, § 421 231
article 20, application oT article limited, ) "^1 283
enrollment, certain articles applicable to method of , $ 2 IB
nemrmrtion, -certain Articles applicable *to, | £ 2
party commfttee, -certain articles applicable 4o intfCliDa of -etectkig
members, § 2 2
to organization and conduct of, § 2 C
party connwiitiofis, eertara articles appHoable to <la<9#Hm ^ 'flcAegMbes
and alternates to, § 2 .« fi
to organization and conduct, § 2 ^.. .«. 2
preparation and delivery of, § 320 ^« MS
schedule of laws repealed, § 570 ^ 284
secretary of state to prepare and distribute, S 320 JMM
soldiers -and sailors' elections, provisions applioaUe to, 4 ^L. ^ 274
voting machines, application of certain artiofes to, -I 4rl7. ..^ 229
when to take eftect, § 571 284
jBIection Jiotices:
transmitted to custodian of primaiy i<ravfls, H SM,^ 142
Election officers:
appointment caf, b^ mayor, { 803. « ^ . . •« 156
blsflk Sonus ior, | 334 ..^«« .^ 175
canvass by, when voting machines are used, | 413 226
certificate of appointment, { 307 ..•^. JV
>of dervioey io be ifumMMd^ 4 3€0.«^ ..•••«•«• ....... ...«« 1C9
oompensation of, ^ .319 «« « 165
destination of, I SOSL^..^............ ......••« ... . . ...... . ... . .>« •*.. •>• .,« ...^ 165
disabled or illiterate voten, ^€m imraaMi J 867..^ ^ ... .........^ .. Ift5
failure to take oath, jienaliy tfo^ J MB. .... 158
fees Ox, 4 Okis.... ... ..... ..«...«»■■ •.•«••• •••.« «4»i»«m'. •« •*• ••••• •«• •-..•■•i. •»•«... Xwo
instructions for guidance w« ..«•.. «m^ ••••«• «••'•-.•• •««.*<«..m ••••,• 291
lists snd supplemental Jista, !f 803... •••••«■•••.•••• .t.-.. ....•««...•• . •«•• 155
number .and .qualifications xif, { 302. . • •«<•...»•».. .^^^.•^•w* ..i. •— ,. ... 164
Mith of office, S 307 • ....••«..• .^.. . . ... 157
officials for election disiidct witiiin fffimaiyttaMilbii Ml mImL i.« 47
IifSKS* 3391
ElMtfen officers — Continued:
party list to be authfinticated, { 304 -^ .• - 155
party selection of, in New York, cli^ | 300 « 166
payment of, J 309 158
polls, opening of, § 350 188
qualifications, examination, as to, § 306 156
removal of, § SOS 157
failure to deliver register and other documents, penalty fOr,
8 310 158
transier of, § 308 157
vacancies, filling of, fi 308 157
vacancies and absences, bow supplied) | 313 160
voting machines, custodians- of nuichines to instruct, § 401 221
inatruotiug Vetera in use of, f 411 225
keys delivered to, § 407 222
duposition of, i 415 228
preparation, of, a4> polls, § 407 222
when deemed public officers, { 476 250
See also Bai^lot Ciibbus; ErBcnox Bistbicts; IifSFccroBS; Poll
CLE8H8 ; PBIMAST IiVSTBCTOBS'; PRIMAST OTTICEBS ; 301IDIEB9 AIHT
B^nxma' E}£EcmoNS.
JDectioneering:
not permitted at or near polls, 9 392* 189
at primary elections, § 84 58
Elections:
ballot boxes, number and kind, S 316 162
ballot clerks, general duties of, f 354 TW:
canvass, when votings machines- are used, f 413 225
challengers, number at polls, § 352 189
qualifications of, { 362 199-
challenges, § 361 199
county clerks to publish notice of, f 299 14^
date of, { 290 141
destruction of books, records and pape^ > relating to, § 382 214
doeumentC) delivery and filing of, § 37T 212
employees, time allowed for voting, § 365 202
expenee of polling plaoe» and supplies, § 318- 164
general, notice transmitted to county cierke*, § 293 142
generally, f § 290-320 140^166
conduct of, §§ 360-381 197-214
inspectors, general duties of, ^ 363 190
instructions for 291
manner of voting, § 359 198
papera relating' to, delivery and filing^ of, § 377 212
place hired for, statement of time used, § 309 158
political banner, poster or placard not allowed in polling place,
I 352 189
332 Index.
ElectionB — Cfmiinued : pacsl
poll clerks, general duties of, § 955 191
polling places, equipment of, | 300 152
gukrd-rails and voting booths, $ 317 m 163
polls, opening of, { 350 188
time of opening and closing, § 291 141
proposed constitutional amendment, notice of submission of, ii 294. . 143
qualifications of election officers, | 305 156
records, filing of, in Erie county, § 380 213
in New York city, | 378 213
result, proclamation of, § 375 211
returns, form of blanks for, { 338 179
soldiers and sailors', |§ 500-622 2S0-275
conduct of, I 510 268
stationery and supplies to be provided, { 333 174
unofficial ballots, when to be used, f 360 199
voting machines, experimental use of, $ 394 217
preparation of, § 400 219
watchers, appointment and duties of, { 352 189
See also Ballots; Boasds of £i£ctions; Camtass; Challekges;
Elbctign Distbictb; Election Offiobes; Notices; Oath;
Polls; Pbimabies; Soldiers and Sailobs' Elections; Special
Elections; State Sufebintendent of Elections; Votinq
Machines.
ElMtions, state superitatendent of:
See State Superintendent of Elections.
Electoral college:
meeting and organization of, § 452 245
See also Pbesidential Electobs.
Electors:
See VoTEBS.
Electors of president and vice-president:
See Pbesidential Electobs.
EmUems:
arrangement on enrollment blanks, { 7 7
conflict in names or, { 125 73
enrollment blanks for independent body becoming a new political
party, { 16 18
new, not to be chosen when vacancy filled, § 135 80
official primary ballot, arrangement on, { 58 41
omitted, how supplied, § 126 74
selection of, I 124 72
what may not be used, { 124 72
See also Ballots; Conventions; Noicination; Votino
Machines.
voting, time allowed for, S 365 202
Index. 333
t: PAGE.
% •t-N>«i] M 14., ^^^^ Qf^ ^ l,g gj^^^ ^ ^^jt^y J 21 23
Scation and secrecy of, § 12 11
where personah registration not required, § 13 12
fied transcript to be evidence of enrollment, §21 23
iletion of, % 14 12
dction, when person not in sympathy with party, § 24 26
when wrong party inadvertently designated, § 14-a 13
(ration, what to contain, S 14 12
ion law, certain articles applicable to method of , { 2 2
ilment books, to be public records, § 21 23
sealing and disposition, § 13 12
ire to enroll, not to affect right to register for election, § 21 . . 23
for transcript of, § 21 23
pendent body becoming a new political party, § 15 17
enrollment blanks, description of, § 15 17
statement to be made, § 15 17
ligation ^of, § 25 27
2ial review in case of d^ath, false entry, removal, etc., § 23. . . . 24
certification of correction by custodian of primary records, § 23 24
correction when person not in sympathy with party, § 24.... 26
sntry corrected after, f 23 24
entry stricken out after, § 23 24
political party, § 15 17
ler of, f 15 17
T affiliation, when not to be changed, § 19 20
ftry election, voter not to cast ballot of party he is not en-
Ued with, § 80 56
«8 of, I 10 10
cation of, when new party formed, § 22 23
i of voter to enroll at primaries, § 19 20
al upon becoming of age, § 14-b 15
ial enrollment for soldiers failing to enroll in 1916, § 14-c 16
special enrollment after pioving, § 19-a 20
time of completion, f 14 12
transcript, certified and delivered to chairman of party, § 16 19
to be published, S 22 23
when to be made, § 21 23
violation of provisions relative to, a misdemeanor; penalty, § 93. . 65
when voter not deemed enrolled, § 14 12
See also Gttstodian of Pbimabt Recobdb; Inspectors; Pbihabies;
REGISTBATIONh
SaroUment blanks:
additional copy furnished to voter, § 15 17
furnished to others at fixed price, § 15 17
delivery of, where personal registration required, |8 6
where personal registration not required, fi9 9
deposited in enrollnvent box, | 10 10
332 Index.
Elections — Continued : pace.
poll clerks, general duties of, $ 355 191
polling places, equipment of, i 300 152
gukrd-rails and voting booths, § 317 • 163
polls, opening of, § 360 188
time of opening and closing, § 291 141
proposed constitutional ftmendment, notice of submission of, § 204.. 143
qualifications of election officers, § 305 156
records, filing of, in Erie county, § 380 213
in New York city, § 378 213
result, proclamation of, § 375 211
returns, form of blanks for, § 338 179
soldiers and 8ailor8% §§ 600-622 250^-275
conduct of, § 610 268
stationery and supplies to be provided, § 333 174
unofficial ballots, when to be used, § 360 190
voting machines, experimental use of, $ 394 217
preparation of, § 400 219
watchers, appointment and duties of, § 352 189
See also Ballots; Boasds op Elections; Canvass; Challenges;
Election Distuctb; Election Ofucbbs; Notices; Oath;
Polls; Pbimabies; Soldiers and Sailobs' Elections; Special
Elections; State Sufebintendent of Elections; VimifQ
Machines.
Elections, state superftitendent of:
See State Superintendent of Elections.
Electoral college:
meeting and organization of, § 452 246
See also Pbesidential Electors.
Electors:
See Voters.
Electors of president and vice-president:
See Presidential Electors.
Emblems:
arrangement on enrollment blanks, S 7 7
conflict in names or, { 125 73
enrollment blanks for independent body becoming a new political
party, f 15 18
new, not to be chosen when vacancy filled, { 135 80
official primary ballot, arrangement on, § 58 41
omitted, how supplied, § 126 74
selection of, | 124 72
what may not be used, § 124 72
See also Ballots; Conventions; Nokination; VonKfl
Machines.
Employees:
voting, time allowed for, $ 365 20B
Index. 333
Koiollineiit: page.
certificate of, to be given to voter, § 21 23
certification and secrecy of, S 12 11
where personah registration not required, § 13 12
certified transcript to be evidence of enrollment, § 21 23
completion of, | 14 12
correction, when person not in sympathy with party, § 24 26
when wrong party inadvertently designated, f 14-a 13
declaration, what to contain, f 14 12
election law, certain articles applicable to method of , S 2 2
enrollment books, to be public records, § 21 23
sealing and disposition, § 13 12
failure to enroll, not to affect right to register for election, § 21 . . 23
fees for transcript of, f 21 23
independent body becoming a new political party, S 15 17
enrollment blanks, description of, § 15 17
statement to be made, § 15 17
investigation ^f, f 26 27
judicial review in case of death, false entry, removal, etc., § 23 ... . 24
certification of correction by custodian of primary records, § 23 24
correction when person not in sympathy with party, f 24. . . . 26
entry corrected after, f 23 24
entry stricken out after, S 23 24
new political party, § 15 17
manner of, f 15 17
party afiSliation, when not to be changed, § 19 20
primary election, voter not to cast ballot of party he is not en-
rolled with, § 80 56
process of, { 10 10
publication of, when new party formed, § 22 23
right of voter to enroll at primaries, § 19 20
special upon becoming of age, § 14-b 15
special enrollment for soldiers failing to enroll in 1916, § 14-c 16
special enrollment after moving, S 19-a 20
time of completion, f 14 12
transcript, certified and delivered to chairman of party, §16 19
to be published, f 22 23
when to be made, | 21 23
violation of provi-sions relative to, a misdemeanor; penalty, § 93. . 65
when voter not deemed enrolled, { 14 12
See also Custodian of Prikabt Recobdb; Inspectors; Pbihabies;
Rkgistbation^
SaioUment blanks:
additional copy furnished to voter, $15 17
furnished to others at fixed price, § 15 17
delivery of, where personal registration required, |8 8
where personal registration not required, f9 9
deposited in enrollment box, f 10 10
334
Bmoilment hlankB-^ Continued:
desciiptioQ of, § 7.....^ ^..« .^ 7
diatributed in enroUinexi,t envelopes^ § 7 ^ 7
enrollment number to» cones^eBd with- mmimp- on Mwicitpt, {r Z 7
false or misleading stutoRenb^ S 1^8^* Hi
filed for one year from fi^rst Tuesday in Juoe^ i. 15 17
filbed. out by votcc» wko are registered/ hnib noi enrolMiv § li&« 17
how. marked. I 10 10
inspectors to fill out, S 8 *• 8
where peraoiuJ rei^atf atioa nat iwyiiMdi {.9- 9
new political party, blanks publie lecoirday S IS 17
description of, § 15 17
emblems appeftriag on^ § 15 17
number of, § 7 ^•- 7
number of. sets given- ter voter, & 8 »^ — 8
where personal registration not re^UBod, ^tt^ ^. ..«.».... 9
number on second set to be entered^ f 8> ^ 8
wherA. personal registration not required,, i 9 0
party enibleas, arrast^snMiit on,. | 7 7
peeparod: and. drateibittoA by onfttodtMi eC: j^nimwy rMOidS) ^ X. . . . 7
printed matter on hum of, | 7 7
public records, %. 21 23
time to be kept on file» i 21 23
voter's name to be entered, by inspectors, § 8. S
where personal registration not required, & 9 «. 9
■hrolbDBDi books:
certified copy, to be made by custodias ot prinMory reeenteii S 1^ • • . 19
to be used at unofficial primary, § 17 20
custodian of primary records to prepare, § 4 ^. 5
declarations to- be attached, §. 13:. •. 11
delivered to inspeetor-S) § 4 5
to town, clerks, § 4 5
descrip4)iom oiy § 5 * ..» 6
by columns, % 5 6
enrollment number entered in, § 8 8
whore peraaaal regiatewtuMi not recked,, Sr 9-. 9
entries made, by inspectors,. §. lOi 10
for personal registration, § 8. 8
when voter declines to eBcolU ^ 10 10
where personal registration sat revived*. ^9-. 9
fees fer transcEipt froan^ § ^ 23
form of transcript, § 16 t . 19
kept on file by custodian of primary records, § 88 9i
new. or amended books for changed districts, | 20% 22
number, § 4 ..-.,....►... 5
paid for, | 73 48
party designated by voter on enrollment blank enteveA. in,* i 14. . . 12
pell-books compared with, § 78 51
Index. ^35
Hiirtllinent books — Continued:
public 'McorcU, S 21 23
ngistsatton, bow oared for after, 4 '^ 11
bow cared for during, | 12 11
sealing and disposition of, § 12 H
where personal registration not -required, | 13 12
time of delivery, § 4 5
of preparation, § 4 5
transcript, certain entries to be omitted, § 22 23
manner of publishing, § 22 23
not to be made from, § 12 11
where personal registration not required, § 13 T2
when to be published, § 22 23
use of original at official primary, § 18 20
when to take effect, § 18 4H)
9BroUmeBt boxes:
custodian of primary reoords to have custody of, ^ 11 10
to open, § 14 12
delivered to custodian of jirimary records, 0 14 12
description of, $ 6 6
examined and sealed by inspectors, ^ 11 10
number of, § 6 6
opened by custodian of primary records, § 11 10
provided by custodian of primary records, § 6 6
time of delivery to custodian of primary records, § 14 12
of opening, § 14 ^ 12
Enrollment envelopes :
custodian o'f primary records to open, ^ 14 12
descr^tion ot, 8 7 7
enrollment blanks to be distributed in, $7 7
enrollmeiit number to correspond with nuniber on blank, I 7 7
inspectors to make entries on, | 8 8
where personal registration not required, {9 0
number of, f 7 7
number of sets given to voter, § 8 8
where personal registration -not required, % 9 9
prepared and distributed by custodian xJf prhnarry recoida, f 7 . . . . 7
printed matter on, § 7 7
time of opening, i M 12
when to be removed from the onrollment Imk, f 14 12
See also Enboluient Blanks.
Bnrollment lists:
correction of ; affidavit, form of, § 14-a ^
filed with -custodian of pranary rBflocda, | J4-4i 13
error in designating affiliation, f 14-a J^
filed with custodian of primary records, { 14-a 13
production of old lists, § 14-a 13
• » . • '
t
886 LsfDEx.
Enrollment nnmbers: pigil
oorreeponding on blanks and envelopes, § 7 7
entered in enrollment and registration books, § 8 8
where personal registration not required, i 9 9
Srie county:
board of canvassers, organization of, § 430 232
determinations, how made, § 438 239
transmission of, § 439 240
election records, filing of, § 380 213
See also Boabds of Elections; County Clebks.
Bxamination:
qualifications of election officers, § 305 156
See also Challenges.
Expense:
apportionment of, § 318 164
when voting machines are used, { 318 164
Fall primary:
record in enrollment book, § 5 6
seventh Tuesday before election day, § 3, subd. 4 2
See also Election Dat; Pbimakies.
Fees:
election officers and others, § 319 165
transcript from enrollment, § 21 23
Felony:
absent voters, false information relative to, § 601 261
aid to state superintendent or deputies, hindering or delaying..
§ 476 250
application for registration altered, mutilated or destroyed, § 184.. lH
ballot, wilful defacement of, § 371 209
list of residents of hotels and lodging-houses, false statement as to,
§ 484 254
mutilation of public copy of registration, § 184 HI
of signed challenge affidavits, § 184 1^
person convicted of, when prohibited from voting, $ 175 1^5
state superintendent or deputies, false statement to, § 478 251
refusal to assist, § 476 250
unlawful use of pasters, § 137 — ^^
voting machines, interference with, § 417 229
Fines:
See Penalties.
Fire department:
reports to state superintendent of elections, § 483 ^
Flag:
American, displayed in each polling place, § 300-a ^^^
Index. 337
Fomu: paqs«
challenge, § 72 48
designation of candidates by petition for election to party poaitioni
I 48 33-35
for party nomination, § 48 33-35
inspectors, blanks for, § 334 1611
for primary elections, § 79 54
Fraud:
new primary or convention ordered because of, § 56 40
Fraudulent or forged names:
See Ckbtificates of Nomixation.
Furniture:
polling places, expense of providing, § 318 164
General committee:
statement of conventions certified and delivered to custodian of
primary records by chairman of, f 75 50
See also Committees.
General election:
records and appliances, custody of, § 206 121
Tuesday succeeding first Monday in November, $ 3, subd. 1 2
See also Election Day; Elections.
German language:
daily newspaper for publication of registration and polling places,
§ 301 152
Governor:
party vote for, I 3, subd. 8 3
proclamation of special election made by, § 292 141
soldiers and sailors' elections, documents forwarded to, § 511 200
state superintendent of elections to report to, § 488 250
statements of canvass sent to, § 439 240
Guard-rail:
ballot boxes kept within, § 83 5S
candidate may be within during canvass, § 83 5S
expense of providing, § 318 104
at primary elections, § 79 64
persona admitted within, § 351 189
at primary elections, § 83 53
polling places arranged within, § 317 164
provided for polling places, § 300 152
at primary elections, § 79 64
state superintendent of elections and deputies admitted within,
8 479 251
voted ballots kept within, S 83 58
voting machine located within, § 409 224
Realtli department:
reports to state superintendent of elections, § 483 254
336 IifDBx.
Befiiay:
regifltrotioB day Bot to be deemed, { 166 99
Hotele:
; H . ftffidaTit, when liquor licenses are held, § 481 253
. . . lists 'Of residents to be furnished, S 484 254
. ..^ register to be kept by, § 480 251
reports to state superintendent of elections, § 480 251
Identification statements:
questions, § 165 92
See also Keoistbation.
-Uliteracy:
See VoTEBB.
independent body:
defined, § 3, subd. 14 I
cnroliment for mtw politioal party« | 15 17
I time for making such enxoHmeat, $ 15 • 17
independent candidate or nominee selected by, f 2, miibd. 18.... «• 4
polling less than 10,000 votes at last election for goveriMr, -fi I*
£uhd. 14 3
; See also Petiszon.
Independent candidate:
term defined, § 3, subd. 18 4
See aJao CAnosDATEB.
ladepe&deot nomina^on:
certificate of, § 122 67
Ume of lUing, | 128 75
coujity officers, number of fsignatures reqiiij«ed on eertifioate, ( 122. 67
-- dedinAtion of, tiime ci filing, | i&S 78
defined, § 3, subd. 16 *
how made, § 122 ..,.-- 67
borough or county office, number of signatures required on oertifi*
cate, § 122 " 67
number of voters required for, | 122 67
per cent of votes necessary for, § 122 67
state ofiices, number of signatures required- ^a eerti&eat«, j 122 . . 67
term defined, § 3, subd. 16 4
See also Nomination; Petition.
iBdep«ndent nominee:
term defined, § 3, subd. 18 ^
' See Also CANDiBAnES^ Nominatzost.
Inspe^on:
appointment of, in towns, | 311 .«• ^ 1^^
ballot boxes examined by, § 84. 5S
ballots «nd stationery, distribclion of, | M3 1^^
public inspection of, § 342 M
blank forms foe, f 834 175
339
InfCCtOTs — Continued:
blank UAlj riieete and itetMMit* of riMit fwnuelMl by enstodhm
of primary records, S 79 « 54
boaids, dvtermiii^ion of maloriia^ to dteidB, ^ 314 ^ 161
niMtinga to be public, | 315., •.••..».»..«.. r. . ..,........;* 162
organisuitioii of, § 314 .....«• 161
canvaM, soldiers and sailors' vote, { 514. 272
when Toting machines are used, § 413 ' 225
card lists of registered iK>tsrB to be nade, f 4W 256
certificate to appear oa statement of result efceetf | 79 54
certificates of serrice, ebairman of board to fumisky $ 909 158
certification of register, § 176 105
challenge affidaYite> declaration as to, f 169 100
disposition of, | 172 104
challenges^ duty in relation to, f 361 199
entry requiring, to be made, f 173 104
dhanged election distpicts, appointment for, f 297 148
compensation of, | 319 165
custody and filing of registers in cities of the first class, § 178 106
declaration as to registration, § 12 11
duplicate declarations attached to original enrolhnent books, ^ 12. . 11
duty to challenge doubtful persons, § 361 199
enrollment blanks to be filled out by, § 8 8
where personal registration not required, § & 9
enrollment beoke and records, care of, f 12 11
enrollment beoke, duplicate declarations attached to, | 13 12
entriea in, made by, f 10 10
transcript not to be made by, § 19 12
when to be delivered to, § 4 5
eofollment bofxee, examined and sealed by, f 11 10
deliTcred to custodian of primary records, f 14 12
enrollment envelopes to be filled out by, §8 8
where personal registration not required, § 9 9
enrollment number entered by, i 8 8
where personal registration not required, $9 9
general duties, § 353 , 190
inetructions for guidance of 29
judicial proceedings because of action or neglect of, f 56 40
manner of voting, § 359 198
meetings for registration held by, § 150 84
method of counting ballots, § 368 20S
ratme and address of voter registering personalfy entered by, { 8. . 8
where personal registration not required, S^ 9
names placed on register by, f 159 96
number and qualifications of, § 302 154
original enrollment books delivered to, for official primary elections,
{ 18 20
340 Index.
Inipecton — Contimied : paqc
original statement of canvaaa to be made and signed by, S 373 ... « 210
certified copies of, § 373 210
papers and records relating to election, delivery and filing of. % 377. 212
pasters delivered to, { 137 81
received and receipted for by, (52 37
polls, arrangement of, § 360 188
equipment of, § 300 152
preliminary oath when challenging, fi 302 200
preservation of order by, § 316 162
previous registers and poll-books delivered to, $ 183 110
procedure, when second enrollment blank given to voter, (8.... 8
where personal registration not required, {9 9
public canvass by, | 366 203
receipts to be given by, S 343 1S5
record of persons challenged, { 364 202
register, custody of, { 177 106
registration, duties at close of each day, § 12 11
outside of cities and villages of 6^000 inhabitants, f 159 96
return sheets, expense of providing, § 318 164
statement of pasters used by, § 52 37
statements of canvass delivered to police, § 372 210
delivered to, to be sealed, § 376 212
transcript not to be made from enrollment books, § 12 11
unofficial ballots, when to be used, | 346 1S6
vacancies, filled at soldiers and sailors' elections, § 619 274
vacancies and absences, how supplied, S 313 160
voting machines, counters examined by, § 407 222
instructions concerning, § 401 2:21
See also Canvass; Chaixexoes; Election Distbicts; Election
Officers; Pbimabies; Primary Inspectors; Registration;
Soldiers and Sailors' Elections; Voting Machines.
Institution:
residence of person in, | 163 9S
Instruction cards:
expense of providing, § 318 164
supplied for each polling place, § 333 174
See also Stationery; Supplies.
Instructions for election officers:
general powers and duties 291
Instructions to voters:
printed on stub of official primary ballot, {68 41
special for year 1914, § 182-a 109
Intent of voters:
at primary elections, § 86 00
frregular ballots:
See Ballots; Voting Machines.
Indkx. 311
Jewisli language: paqb.
daily newspaper for publication of registration and polling places,
i 301 152
Judicial review:
action of oustodian of primary records ur secretary of state, § 5(5.r: 40
action or neglect of certain officers, § 56 40
method of procedure, § 56 40
Bew convention ordered by, f 56 40
new primary ordered by, § 56 40
secretary of state certifies to change caused by, § 56 40
time of, I 66 40
See also Covbtb.
Jury duty:
election officers exempt from, § 309 15S
Kings county:
See BoABDS of Elections; New York City.
Landlords:
Usts of residents to be furnished by, § 484 ^ . 254
reports by, $ 480 >ol
filing of, 8 482 * i53
Lien:
penalty for failure to furnish correct list of residents, § 484 254
Liquor:
not to be sold at places of registry and voting, § 299 150
Liquor licenses:
hotel keepers holding, affidavits furnished by, { 481 !?52
Liquor traffic:
chief of police and heads of departments, reports by, § 483 254
forfeiture of license, § 481 252
See also Hotels; Landlords.
Lists:
candidates, sent to and posted by town clerks and aldermen, § 131 . . 78
registry, preparation and distribution of, | 157 93
Lodging-houses:
lists of residents to be furnished, § 484 35^
register to be kept by, | 480 251
reports to state superintendent of elections, § 480 251
See also Hotels; Landlords.
Manhattan:
fice New York City.
Maps:
boundaries of election districts, § 298'. 149
posting of, § 298 • 149
Marked Unot9i
See Ballots.
Meetings for registration':
See Rboistration.
2i43 Indbx.
vuatu:
See SOLUEBS ASD RitfTjQBtf BUMSlXaNS*.
MMemeanor:
(f :afi}davit of hotel keeper when liquor license is held, failure ta
i 4dl 253
(. . -conventions, violation of provisions naUtive te^ f^ 93 65
• . designation of candidates, violation of provisions i»l«twa to,, i 92. . 65
'• enrollment, violation of provisions rel«tii« to« §}93* 65
false certificate, making, of, § 309 15S
( false or misleading^ statement on enrollment blanksy | 184l Ill
I information, neglect or refusal to furnish, | 475 ^ . 249
list of residents of hotels and lodging-houses, failujre to
§ 484
party organization, violation of provisions* relativA to, i* 93; 65
primary elections, violations of provisions relative to conduct o£^ §}98
reports as to inmates by keepers, of lodgingrhousefr and hotals^ vioia»
tion of provisions, § 480
subpoenas issued by state superintendjent oh ele<rfioii% relusai U^
, obey, § 477 250
Ifoaroe county:
' appointment, removal and examination of inspectors of election, poll
clerks and ballot oloicsy §. 212 ^ . .^^.^ 125
appointment, qualifications and removal of commissioner, § 211 ta&
apportionment of. ezpenseB^. §: 219 ^ . 130
commissioner of elections for Monroe county, § 210 IfiE*
custody ol records, § 214, ^. 127
employees, § 215 IW
II notices,. %. 216. 127
filing. papers; general paw8r.» and. duties of'oommifittoner, f 217. . . . 127
ofiice for commissioner, § 213 127
polling places, election districts, et cetera, § 221 ISfti
publication, of: notices^. $i 220 130
purchase of supplies,. iholuding> voting maohines; exp«iBe» of oom*
missioner, § 218 18^
voting machines, § 222 130
Itanes!
added* and- erased on regist^; § 153 85
conflict in emblems or, § 125 73
See also Emblems; Pabty Names.
National conventions:
delegates chosen in manner prescribed by rules and regulations, {[ 53 38*
See also Cotttentiot^s ; Delegates.
NAturiUization:
papers to be produced, § 174 ••.,.. 104
Riivy:
See SoLDiEBS and Sailors' Elections.
Ivjmx. 843
York city: , tactl
ballote fmd tftstionery, how mxppHsd, % 9il 183
hoard of elections established, S 190 112 '
appointment and qualifications of, '§ 191 T" 114
•certified copy of ^statement of coniity -cannmssers -tieHvered 'ioo,
I 489 • 240
expenses incnrred fay, § .ftl'8. 164
how paid, § 200 '119
^neral office and branches, .$ 108 118
statements and determinations filed »with, § 440 241
QUiTassers, *boord of, organization and duties of, § 440 241
statements and determinations by, f 440 241
certificates of nomination filed with boards of 'Oleotions of cHy^ind
county, i 127 74
commissioners of elections, § 191 114
recommendations for appointment of, § 194 116
county boards of canyassers, ozganisatian .of, § 4fi0 232
custody of registers after election, § 1=80 108
election districts, creation, division and alteration of, § 296 146
election expense chargeable to, § .'336 164
election officers, board of elections to -appoiilt, :§ 806 156
compensation of, 6 '919 165
•party lists to be authenticated, § 304 165
•party selection of, | 306 156
filing of election records in, § 378 318
newspapers, .what to contain, § 301 152
selection of, § 301 152
places for -registry and voting, designadion «df , | £90 150
rsgisten •flmdmnused ballots, dispoiiition ^f , § ^201 120
registration -and polling places, publioation of •list^ ^ 301 152
▼ssanciee in 'board of 'elections, how filled, { fl06 117
voting machines, adoption of, § .396 217
8ee also Boabds or Blbctions; Cvstodian or Pbihabt 'Becobdb;
Bbqistbatzon; Staix StTFEsnnxNDEirr or ^EuccnoKs.
Jlsw York county:
certificate of nomination filed with board of elections, § 127. . ..». . 74
statement of canvass, when not to iiiaUi4e certain jkffioes, I i3J,
See also jBoabds or EUBonoirA; fSofmoma,
VSwipspCIB.
designated by secretary *of stfrtete^pdUHsIi piBeba -notices, f 205. . 146
ereniog edition, when lists iobe published, | 801 ccc^:... • . •••• 158
iNew York dty, ptdilicKtion of lists, I SOl^g** »r^^~c:i;>. 15B
nontintftions, designtftea to publish list Of , i 180.:.w. • t. • : 79
pifiiitea in fordgn language, f *301 . •-x:<*j^:ja[f!o.-cr*-i£tfS3. • • • • • • •• • • •] 15B
34:4 I^D£X.
Newspapers — Con tinned : pagi.
registration and polling places, publication uf lists and boundaries
of, f 301 152
selection of, how made, § 301 J52
' ' support of candidates by, § 301 15i
See also Citt Recx>bd; CoNCUBBEm Resolutions; Constitutional
Amendments; Notices; Publication; Registbation.
Niagara county:
commissioner of elections for, § 225 13i
appointment, qualifications and removal of commissioner, $ 2.26. . 133
appointment, removal and examination of inspectors of election, poll
clerks and ballot clerks, § 227 l?^"*
office for commissioner, § 228 13.>
custody of records, § 229 13."j
employees, § 230 ' 13:>
notices, § 231 136
filing papers; general powers and duties of cummissiuner, § 232.. 136
purchase of supplies, including voting machines; expeirses of com-
missioner, § 233 137
apportionment of expenses, § 234 13S
publication of notices § 235 13S
polling places, election districts, et cetera, § 236 13>
voting nmchines, § 237 130
construction of article, § 238 ' 130
Nomination:
certificate to fill vacancy in, how filed, § 136 SO
what to contain, § 135 SO
certification of, by secretary of state, § 129 76
county clerks or boards to file lists with secretary of state^ i 506. . 26o
declination, § 133 7S
notices sent, § 133 7S
when to be filed with secretary of state, § 133 7S
election law, certain articles applicable to, § 2 2
independent, certificates of nomination, how made, § 123 68
per cent of votes necessary for, § 122 6b'
term defined, § 3, subd. 0 3
lists, expense of printing, § 318 164
new, time and manner of filing, § 136 SI
New York city, how published, § 130 76
party, emblems, selection of, § 124 * 72
term defined, § 3, subd. 9 3
party funds restricted in use for primary purposes, § 562«. 2S3
publication of, § 130 76
in certain newspapers, § 130 76
time of, § 130 76
what to contain, § 130 76
I^'r)Kx. 345
Homination — Continued f page.
town, posting of, § 132 78
vaeancies in, how caused, § 135 80
how filled, S 135 80
Tillage, posting of, § 132 78
See also Candidates; Cebti7Icate8 of NoiiiNATioN; CoMiaTTEES;
Conventions; Emblems; Independent Nomination; Pabtt
Nomination.
Notices:
election, published by custodian of primary records, § 293 142
transmitted to custodian of primary records by secretary of
state, § 293 142
proposed' constitutional amendment, submission of, § 294. 142
propositions submitted, how transmitted, § 294 142
published or posted by custodian of primary records, § 205 121
questions submitted, how transmitted, § 294 142
See also Committees; Pbimabies; Secbetaby of State.
Oath:
additional, when challenging, § 363 201
administered pursuant to primary law, f 94 66
ballot clerk, S 312 160
chairman of county board of canvassers, § 430 232
election ofiicers, i 307 167
failure to take and subscribe, penalty for, § 310 15S
false, before board of inspectors, § 184 Ill
general, when challenging, { 363 201
illiterate and disabled voters, § 164 08
official envelopes for war ballots to contain oath of elector, § 504 . . 264
party certificates of nomination to contain certificate of administra-
tion of, § 121 66
poll-books for absent voters to contain, | 502 262
poll clerk, § 312 160
preliminary, when challenging. § 362 200
state superintendent of elections and deputies authorized to ad-
minister, § 478 251
taken by primary election officers. § 70, subd. 2 47
See also Challenges; Election Officers; Pbimabies.
Objections:
See Cebtificates of Nomination.
Officers:
compensation, § 318 164
See also Eucction Officebs.
Official haUote:
See Ballots; Pbimabt Ballots.
Official primary:
term defined, { 3, subd. 2 2
See also Pbimabies.
340' Indhx.
OfflcUl primary ballots:
See Primabt Ballots.
Official primaxy elections:
See Pbimajiies.
Onondaga county:
Seei HgawMHarTOiwniiw^
"larder:
' preBervation of^ by inspectors, § 316 • . • • 162
Organisation:^
See Pabxx..
prganiMtioiB of oonTsntiimit'-
See^ GoNvssnoits..
Arty:
announced- mt primary eleetien», f* 80*. 56
color of* official primary bsllbt, deeignated' By^ Hecig<Mi.^> of &ttk^
§'68- 42
separate- for* each parOk^, f^88 42
committee defined, § 3, subd. 13 3*
convention defined, § 3| subd. 13'. 3
custodian of primary reeordJi tb' prepare balldt», ^79' 5i
election officers, selection of) { 309; 156
enrollment, correction of eriDr in* affiliation/ 9^ 14-a 13
entered in enrollment book, § 14 12
funds not to be used for primai^ purposes, f 592 283
new, existing committees- oontihued$ | 5S\ 39 ,
manner of enrollment fop, § 15 17
publication of enrollment of, | 22 23
organisation casting at Itaelr 10,H)00'' votisS' fbr governor; ^ 3, snbd! 8i 3
* polUbook for each, for primary elfectionj f 7B\ 51
polling places assigned- to, by custodian of primary records^ | 74 49
party candidate or nominee' seleeted by, §> 3^ subd. 17 4
person not in sympatixy witb, correction of enrollment, § 24f -5
presidential electors- nominated* by state committee, §'54 ^
rules- and regulations- to- gOYem election of delegatea to- naMonai*
convention, § 53 3^
violation of provisions relative to organiisstion a misdemeanor;
penalty, § 93 B5
See also Ballots; Committees; Gontektions; Nomination.
Party candidate:
term defined, § 3, subd. 17 4*
See also Candxdateb.
Party committees:
additional, provided for by party rules and c^gulationa, L 35 ^^
to fill vacancies appointed by, S 52 37
election of members may be reviewed by summary proceedings 1^^
fore supreme court, § 41 31
ismm. '847
^mtty committees — Continued: «mib.
eleotion law, eertain artieles lapplicaBle to method of eletitiDg mem-
bore, f 2 T 2
'to organ inttion anQ jcondiict 'of , «f2 2
file eertifioates of officers "witfa secretary of ^state and 'board o^LjnO
^lectione ^itbin three days after organizing, § 40 30
•judiekil proceedings, beeanse of action or neglect of, § 50 jfi
manner of filing designaitions, by, § 40, subd. 2 36
necessary subcommittees appointed by, § 39 , . %(i
organize and elect offieew witiiin -ten daijn 'vf tar election, ^ HO 30
powers of present, § 55 39
removal of member, § 42 Bl
may be reviewed in a sununary proceeding before supreme
court, § 41 31
rules for government of party and conduot of .official primacies to
be prepared *hj, § 40 30
state, S 36 28
subcommittees and executive and campaign committees, § .39 30
time of filing designation by petition, § 49,»subd. 2 36
See also Candidates; C!oxxittees.
'Party conyentions:
election law, certain articles .a,pplioable to -^laot ion of -delegates load
altematee, I 2, — 2
to or^nization and oonduet <tf , 'f £» . ••• » .. • 2
See also Conventions.
Party emblems:
See Emblems.
Party funds:
used for certain primary purposes only, t 562 283
Party government:
rules and regulations, filed with custodian of primary records, .$40 30
how ^amended, § 40 30
^irty fiats:
authentication of, '| 304 156
Party nominee:
term defined, '§ ^, subd. 17 4
Party organization:
artidle 3 28
Party position:
designated by petition, f 46 32
certificate of election to, delivered to .candidate by custodian of
primary records, § '89 62
designation for, violation of provisions r^laitive to, a misdemeanor;
penalty, § 93 ^5
election to, canvass by xnistodian of 'primary records, § -89 62
canvass by secretary of state, § 89 62
nil
348 Index.
Party position — Co»t»2wc<f; '^^
form for designation of candidates by petition, | 48 ^^
membership in party committee, § 3, subd. 12 ^
nominations and elections for, made at primary elections; excep —
tions, § 45 ^-
number of candidates designated by petition by enrolled voters,
§48
number of enrolled voters to sign petition, § 48 3-
Party ticket:
name of person declining designation not to be printed on. J 50 ^^^
See also Ballots; Candidates.
Pasters:
affixed to ballot, | 52 37
certified to, | 62 37
by officer or board furnishing?, § 137 "^
custodian of primary records, when furnished by, § 52 37
description of, § 137 ^^
number, § 137 S*
primary elect ions, § 7yl 37
for primary elections, i 52 37
receipted for by inspectors of elections, § 52 37
used, at soldiers and sailors' elections, § 510 26S
in case of death of candidate, | 137 SI
other than official, a felony, § 137 SI
Payments to political committees:
See Campaign Contributions.
Penal law:
application of, § 417 220
soldiers and sailors' elections, provisions to apply to, § 518 274
Penalties:
application for registration altered, destroyed or mutilated, § 181.. H^
election officer, failure to take oath, § 310 U^
failure to deliver register and other documents, § 310 l'>^
false or misleading enrollment blank, S 184 IH
felony, mutilation of public copy of registration deemed, § 184 IH
mutilation of signed challenge affidavit, § 184. Ill
perjury, when applicant for registration deemed guilty of, § 184 HI
violation of provisions of certain articles, §93 65
See also Felony; Misdemeanor; Perjury.
Perjury:
false oath before board of inspectors, § 184 HI
See also Oath; Penalties.
Personal expenses:
term defined, § 542 277
See also Campaign Expenses.
Index. 349
Petition: paob
bound together for same candidate and same office, § 48 33
for party nomination to be made at primaries designated hj,
§ 45 33
number of voters required for, § 48 33
designation of candidates, for election to party position, made for^
one or more officers, § 48 33
for party nomination, made for one or more officers, § 48 ... . 33
for party nomination or election to party position, how signed,
§ 48 *33
form for designation for election to a party position, § 48 33
for party nomination, § 48 33
judicial proceedings by, § 56 40
nomination by independent bodies, § 3, siibd. 14 3
number of candidates designated by petition for party nomination
and election to party position by enrolled voters, § 48 33
review of election of member of party committee, §41 31
time for filing designations by, § 49, subd. 2 36
See also lNDEPE:!ffDENT Xomixation; Nomination.
Placards:
description and location of, § 79 54
not allowed in or near polling place, § 84 58
Place of primaries:
restrictions as to, § 76 51
See also Primaries.
Places for registration:
list published in evening newspapers, $ 301 152
See also Newspapers; Pollino Places; Registration.
Police:
challenge affidavits investigated by, § 170 103
duty to aid board of elections, § 199 119
false registration ftvestigated, § 157 93
registers, filing of, § 178 106
state superintendent of elections to receive reports from, § 483. . . . 254
statement of canvass to be delivered to, § 372 210
when deemed public officers, § 476 250
Political banners:
not allowed in or near polling place, § 84 58
Political committees:
blank forms for statements provided by secretary of state, § 549.. 279
campaign contributions not made through, statement of, § 541.... 276
campaign receipts and payments, statement to be made, § 546 .... 278
default in filing statement, appeals, § 556 281
contempt proceedings, § 550 279
maintained by whom, § 551 280
preference over other causes, § 555 281
subpoenas, § 557 281
850
Mtttlcal committees — Continued:
default in filing statanent — Ovnt'd: tage.
EnmniMy, proecedin^ to be, 'f 564 281
time within vhich proceedings must be brought, f 553 280
vfi J nndert&king for coets,^ % 562 280
witnesses, persomil privilege of, § 668 282
, term defined, § 640 276
treasurer, powers and ^tSes of, | 643 277
treasurer or candidate, aeeouirting to, % 544 278
bee also Committees; Corbuft Pbactiobs; Coxtbtb; Statements.
Political convention:
judicial proceedings, hecause of action or neglect of, § 56 40
See also CoNVEimoNB; Conors.
Political parties:
election officers divided between, f 302 154
new, manner of enrollment of , "S 15 17
voting machines, representatives to examine, % 400 219
requirements of, § 392 216
See also Enbollment ; Pabtt ; Pbimabies.
Pell-books:
absent voters, secretary of state to prepan for, fi 602 262
boards of elections, filed with, § 204 IM
compared with enrollment book, § 78 51
delivered to inspectors, § 183 1 10
description, § 78 51
entries, how made, § 78 51
if ballot returned, | 78 51
if voter assisted, § 78 51
if voter challenged, S 78 51
number on stub of ballot, § 76 51
expense of providing, § 318 •- 164
filing and delivery of, | 377 212
form of, { 365 191
paid for by whom, § 70 54
poll clerk to have, § 78 54
provided by whom, § 79 54
registers compared with, § 367 204
supplied to each polling place, § 333 171
See also Soldisbs and Sailobs' Ei^bctionb; Stationbst; Supplibs.
Poll clerks:
appointed in towns, § 312 160
compensation of, § 319 « 164
general duties of, § 355 191
method of counting ballots, | 369 207
names of persons serving as, to be fundshefl, § 369 15S
numher and qualifications of, f 302 ••» 154
Indsx. 351
Ml clerks — Continued:
vacancies and absences, how supplied, % S13 . . ., 100
See also Election Officers; Pbimabt Poll Clkbks,
Polling places:
American flag to be displayed, § 300-a 152
attendance and duties at, § 479 251
designated and provided by certain officers, § 74 ~ 49
provided by whom, § 79 54
electioneering not allowed in or near» § 84 58
equipment of, § 300 152
evening newspapers publish list of, §> 301 152
expenses of providing, f 318 163
guard-rails within, § 317 163
instruction cards, expense of providing, § 318 163
newspapers selected to pabhsb list of, § 301 152
number, in primary district, | 74 49
for unofficial primary election, § 92 64
official ballots, number to be supplied for, | 340 183
paid for by whoin, § 79 54
political banners, posters and placards not allowed in or near, § 84. 58
publication of list, § 301 152
same as i or preceding general election whenever possible, § 74 ... , 49
stationery and supplies for, § 333 174
voting booths in, $ 317 153
voting machines transferred to, § 400 219
See also Ballot Boxes; Ballots; Elections; Voting Machineb.
Polls:
ballot clerks, general duties of, § 354 191
ballots delivered to voters, § 356 194
challengers, number of, § 352 189
electioneering not permitted at or near, § 352 189
furniture for, expense of providing, § 318 163
guard-rail, when voting machines are used, § 409 224
inspectors, general duties of, § 353 190
opening, | 350 188
opening and closing, time of, § 291 141
political banner, poster or placard not allowed in, $ 352 189
poll clerks, general duties of, § 355 191
proelamation of opening ol, $ 396 188
soldiers and sailors' elections, opening of, | 509 266
organisation of, § 509 267
where to be opened, § 507 266
state superintendent of elections, attendance at, $ 479 251
voting machines, location of, § 409 224
preparation of, | 407 222
watchers, how appointed, $ 352 189
See also Canvass; Elections; Voting Machines.
362 Index.
Posters: pagx.
not allowed in or near polling place, S ^'^ • SS
President of United States:
electors for, how chosen, { 54 -, 39
See also Pbeside^vtial Electors.
Presidential electors:
ballot for, on voting machines, § 392 216
certified to secretary of state, § 54 39
compensation of, § 457 247
elected at large, § 54 39
electoral college, meeting and organization of, § 452 246
generally, §§ 451-457 246-247
how and when chosen, § 451 245
irregular ballot for, how cast on voting machine, $ 408 223
lists, how forwarded, § 456 247
messenger, appointment of, § 455 246
nominated by state committee, § 54 39
one for each congreesional district, § 54 39
two at large, § 64 39
secretary of state to furnish lists of, § 453 24tt
statement of county canvassers, § 437 237
vote of, how cast, § 454 246
Sec also Electoral College.
Primaries:
ballots not supplied or supply exhausted; unofficial, § 81 57
campaign payments not made through political committee, § 641 . . 276
certificate of designation, time for transmitting, § 51 37
challengers, § 84 5S
conduct of, violation of provisions relative to, a misdemeanor;
penalty, § 93 65
committees elected at, § 37 29
deputy superintendent of elections, attendance restricted, | 489. . . . 259
election to party committee, § 3, subd. 2 2
electioneering at, § 84 5S
enrollment when new party formed, § 15? 17
expenses of, by whom paid, § 73 48
how raised when amount not provided, § 73 4S
to be included in tax, § 73 4S
fall, time of holding, § 3, subd. 4 2
new, ordered by judicial review, § 56 40
nomination of party candidates, § 3, subd. 2 2
notice of, matter contained in, § 75 50
prepared and published by custodian of primary records, $75. 50
time of publishing, § 75 50
where published, § 75 50
Index. 353
Pximaries — Continued : page.
official, chaUenges at, § 72 48
primary ballots provided for, § 58 42
term defined, § 3, Biibd. 2 2
use of original enrollment books at, § 18 20
party funds not to be used for purposes of, § 562 283
party nomination for candidates for public ofiice, to be made by,
I 45 .*. 32
personal expenses defined, § 542 277
place of, restrictions as to) § 76 51
political committee defined, § 540 276
powers of state superintendent of elections extended to, § 489 .... 259
qualifications of voters at, § 71 4S
record in enrollment book, § 5 6
records and appliances, custody of, § 206 121
restrictions as to place of, § 76 51
right to enroll and vote, § 19 20
spring, time of holding, § 3, subd. 5 2
time for holding, § 70, subd. 5 47
in presidential year, § 70, subd. 5 47 "
open for voting, § 70, subd. 3 47
unofficial, certified copy of enrollment book to be used at, § 17. . . . 20
chairman, administers oath, § 92 64
decides questions, § 92 64
rejects votes, { 92 64
expenses, how to be poid, § 92 • 64
notice calling attention to, posted, § 92 (Tl
how given, § 92 64
number of polling places, § 92 64
officers of, § 92 64
place to be held, § 92 64
restrictions as to place of holding, § 92 64
rules and regulations of party to govern, § 92 64
secretary and tollers to examine ballot boxes, § 92 64
secretary to announce vote and result of canvass, § 92 64
term defined, § 3, subd. 2 2
voter must be enrolled, to take part in, § 17 2^
watchers appointed for, § 92 64
unofficial ballots, when to be used, § 81 57
voter not to cast ballot of party he is not enrolled with, § 80 56
watchers, i 84 68
See also Candidates; CoMMirrEEfl; Custodian of Pbikabt Reg-
OBDS; Election Officers; Registsation.
Primary ballots:
additional, how obtained, § 82 67
announcement of party name, § 80 66
12
354 IiffD£X.
Priiaary ballots — Continued: pa9S.
canvass made by primary inspectors, § 8^ 58
certificate of party nomination entitles candidate to place oa, | 99. . C2
color, separate for each party, § 58 41
designated by secretary of state, § &8 41
columns, arrangement of, | 58 41
delivery, § 80 56
voter to have ballot of party enrolled with, § SO j6
description, § 58 41
destroyed, when to be, i 88 61
emblem, arrangement on, § 58 41
entry in poll-book, at delivery of, { 76 51
erasure or mark other than cross mark, f 58 41
folding, § 80 56
found in wrong ballot box, not to be rejected, § 65 59
inspectors to determine validity of ballots and coalomity to law,
§ 85 50
instructions relative to, § 58 41
for straight ticket, § 82 57
with pencil having black lead, §82 57
name of candidate not to appear more than once, § 58 41
of person declining designation not to be printed on, § 50 36
names, words, signs or writing, not to appear, except, § 58 41
no other to be used, except, I 58 41
number compared with that in enrollment book, | 85 5S
on stub compared with thai in poll-book, § 78 « 1 51
numbers to be consecutive, § 56 41
pasters affixed to, § 52 37
preparation of, by voter, g 82 57
prepared, printed, 8Uj)plied for ofiicial primary elections, § ^ "^l
protested as marked for identification, fi 85 5^
vote to be counted, | 85 ^^
protested and void, how filed, | 85 ^^
statement filed, | 85 5^'
quantity, weight and style of printing, f 58 ^^
rules for marking, S 58 • ^^
separated from stub by perforation, | 58. . • 41
stub, description of, § 58 • • ^^
indorsement on back of, $ 58 ^^
supply exhausted, unofficial ballots provided, | 61 51
not provided, use of unofficial, g 81 S7
titles of offices and party positiom, location of , t 58 41
name of candidate, how pristod, § 66 41
unlawful defacement or wrongful marking of, § 82. ^ •• 57
void, no vote counted on, § 58 , 41
reason for rejection written on back, { 85 .•• 68
void and protested, how filed, § 85 68
Ini>£S. 355
ballots — Continued : pass.
voted ballots kept within guard-rail, § 83 57
voting, manner of, § 80 56
voting spaces, where to appear, § 58 41
unofficial, form of, § 81 57
when to be used, § 81 57
See also Ballots; Custodian of Pbimabt Hxcobds; Inspectors;
Voting Machines.
Piimaiy days:
fall, seventh Tuesday before election, § 3, subd. 4 2
official primary to be held on, § 3, subd. 3 2
spring, first Tuesday in April in presidential year, § 3, subd. 5 . . 2
Primary districts:
board of primary election officers for certain, § 74 49
description, § 74 49
election officials to be officers for, § 70, subd. 1 47
number of election districts in, § 74 49
time of division into, § 74 49
two polling places in each, $ 74 49
voting machines, appointment of ballot clerks, -how made, § 74 . . . 49
ward or assembly districts in city or village of 6,000 divided into,
S 74 49
Pximary election inspectors:
See iNSPSCToas; Pbimabt Inspeotobs.
Primary inspectors:
appoint ballot clerks for certain districts, § 74 49
ballots, protested by, % 86 58
marked as protested, § 85 58
void, marked by, ( 85 5S
when destroyed, § 86 58
canvass made by, § 85 58
public oral proclamation of result made by, S 87 61
written statement in duplicate on statement of result sheet,
I 87 61
ohairman 9i board to unfold ballots, § 85 58
qualifications of voters decided by, § 71 48
questions of validity of ballots and conformity to law decided by,
§ 85 58
statement of result of canvass filed with custodian of primary
records and clerk of city, town or village, § 87 61
See also Ballots; Inspectors; Primaries.
Primary officers:
constitutional oath of office taken by, f 70, subd. 2 47
duties of, § 70, subd. 4 47
election officials to be, § 70, subd. 1 47
paid as for general elections, § 73 48
as for services on registration day, f 70, subd. 4 47
\
356 Index.
Primary officers — Continued: fagi.
removal of, how made, § 77 51
vacancies, how filled, § 77 51
See also Election Officebs.
Primary poll clerks:
compare number on stub of ballot with that in poll-book, | 7S 51
compare poll-books with enrollment books, § 78 51
entries made in poll-book by, § 78 51
if ballot returned, § 78 51
if voter assisted, § 78 51
of number on stub of ballot, § 78 51
when voter challenged, § 78 51
poll-bo«k for list of enrolled voters, § 78 51
See also Election Officers; Poll Clerks.
Printing:
constitutional amendments and other propositions. § 294 H3
expense of, how apportioned, i 318 1^
See also Newspapers ; Secretary of State,
Prison:
residence of person in, § 163 ^8
Proclamation :
special election, made by the governor, § 292 HI
Proposed constitutional amendments:
See CoNcimRENT Resolutions; Constitutional Aicendiceitts.
Propositions submitted:
form of ballot for, § 332 173
notice of, how transmitted, § 294 H3
publication of, § 295 145
See also Newspapers; Printing; Secbetabt of State.
Protested ballots:
See Ballots; Primart Ballots.
Public institution:
residence of person in, § 163 98
Public officer:
judicial proceedings because of action or neglect of, S 56 ^
See also Courts.
Publication:
secretary of state, designation of newspapers by, { 295 145
See also Enrollment; Newspapers; Notices; Priwtiwo; Rbgis-
TRATION; SeCRKTART OF Sf^A^TB.
Queens county:
See Boards of Elections; Counties; New Tors Citt; State
Superintendent of Elections.
Questions submitted:
ballot boxes for, | 316 162
ballots marked for, § 358 196
form of baUot for, § 332 173
Index. 357
Questions submitted — Continued: page.
notice of, how transmitted, § 294 143
statement of county canvassers, § 437 237
term defined, § 420 231
war ballots for, secretary of state to supply, § 504 264
See also Newspapebs; Secbbtast of State.
Seceipta:
inspectors of election to give, fi 343 185
Secount:
when voting machines are used, { 416 228
writ of mandamus requiring, S 381 214
See also Goubts; Jxtdigial Review.
Register:
absent voters, prepared by secretary of state, § 601 261
adding and erasing names, | 163 85
application, when made, § 153 85
arrangement of columns, | 155 88
card list of registered voters to be kept, f 485 256
certification of, § 176 105
certified copy for new election district, } 183 110
changes in, certifying, $179 107
custody and filing of, | 178 107
after election, § 180 107
disposition of, in New York city, § 201 120
filing of, i 377 , 212
form of, S 155 88
lodging-house and hotel keepers to keep, { 480 251
poll-books compared with, $ 367 204
previous, delivered to inspectors, S 183 110
public copy of registration, §§ 155, 177 88, 106
quadruplicate, to be made by inspectors, § 154 87
secretary of state to furnish blank books for, § 182 108
signature copy, | 155 • 88
See alio Rboibtbation Book.
Sefistratioii:
absent voters, secretary of state to prepare list of, | 501 261
adding and eraaing names on register, S 153 $5
application for, destroyed, altered or mutilated, a felony, § 184. . . . Ill
blank-books furnished by secretary of state, $ 182 108
eard lists of registered electors to be kept, S 485 256
certificates and instructions furnished by secretary of state, { 182. . 108
eertifieation of register, f 176 105
eertifying changes tn registers, § 179 107
ehallenge affidavits, form of, | 168 100
to be investigated, § 170 103
to be prepared by secretary of state, § 167- 99
challenging applicants, S 169 102
358 Index.
Biglitratioii — Continued : Pi«
change of leaideuce within electloa dialrict^ | ltt6 99
cities, haw cftndiigted in, % 158 9.')
d»7» not to be de«med holidays, { ^0^ ^
elMwhfire than in citMs and viklasvs ol 6>0(K> uAabifcaafc^ | ]d». . . %
exclusion from right of snAragt, f 17^ lal
false, investigation of, § 157 dS
f onD and arrangenaent of, { 155 ••..»•.. SS
generally, §§ 150-184 SS-IU
identification statemeutB, § 155 » SS
illiterate and diaabled itoters, { 164 9S
inspectors, duties at close of each day^ | 12 11
previous registers and poll-books delivered to, | 183 110
t<K Bake entvy leqviin^ challcnfn, | 173 liU
liat of places for, hew published, % 361 15C
meetings for, § 150 S4
additional, § 151 84
conttnct of, § 152 ^^
in villages, I 150 S4
ntunber to be held, § 150 ^^
natttralization papers to be produced, § 174 lOt
newspapers, publication by, § 301 1V2
other than general elections, $ 160 %
personal, enrollment of voters, § & **
certification and secrecy of, § 12 11
delivery of enrollment blanks, % 8 ^
personal, not required, enrolfcnent of voter*, § & 9
certification and secrecy of, § 13 12
delivery of enrollment blanks, ( 9 9
places for, designation of, % 299 130
pubfication of list, % 301 1^^
statement of time used, % 300 « 15^
pubKo copy of, § 177 1^*5
mutilation deemed felony, § 184 11^
qualification of voters, § 162 ^
registered vntere, eertffyfni^ member «rf, § 181 l^*^
registers fmd instnietions fiimH^e^ by secretary of tflafta, f ISS. . . K'-
registry Hats, preparatioir awtf dfstrfbirtkm ef, f 157 -3
residence, gaining or losing, f 163 9*^
town elections, § 101 n7
village elections, § 101 ^'
villages, how conducted in, § 158 ^-^
voting booths provided for, |6 ^
watchers at meetings, § 152^ 85
See also Challe!7oes; CxrsTODiAir or PsnrABr Rboobds; ISixmiir
MENT; Il^SPECTOBS; RE0I8TEB.
Ikdex. 369
Registration book:
enrollment number entered in, |6 ...« . 8
where personal registration not required, (9 9
See also Insfectobs; Reoistbb.
Registration days:
meetings, when held, § 150 84
See also Registration.
Registry lists:
form of, § 157 93
preparation and distribution of, | 157 93
Removal:
election officers, § 308. 167
Reports:
lodging-house and hotel keepers to make, f 480 251
filing of, § 482 253
See also Boabds op Elections; State Sitperintendent of Elec-
tions,
Residence:
change of, within election district, § 165 99
declaration of intention as to, § 480 251
gained or lost, § 163 98
Result:
proclamation of, § 375 211
when voting machines arc used, § 413 285
Return slieeta:
expense of providing, § 318 163
See also Stationebt; Supplies.
Returns:
ballot, form of blanks for, § 837 178
filing of, § 377 212
form of blanks for, § 338 181
original statement, what to contain, f 373 210
recanvass of, when voting machines are iised, f 416. 228
soldiers and sailors' elections, not to be rejected, | 512 270
when not to be canvassed, § 517 273
Review:
See Coubts; Jxtdicial Review; Recount.
Richmond county:
See Boards of Elections; Counties; New York City.
Rules:
intent of electors at primary elections, |>86 60
party, when and where filed, § 40 30
360 IXDEX.
Rttlet and regulations: page.
filed with custodian of primary records of committee chosen by en-
rolled voters, § 40 a*J
govern election of delegates to national convention, § 53 38
how amended, § 40 ^
in force until amended or new rules adopted, § 40 30
prepared by party committees, § 40 30
Sailori:
See Soldiers and Sailors' Eleotions.
Sample liallots:
color and general description of, § 70 ; 54
expense of providing, § 318 164
furnished to any voter on application, § 79. . 54
number to be provided, § 79 54
provided by custodians of primary records, § 70 51
provided and paid for as in case of general elections § 79 54
stubs not to be numbered, § 79 54
See also Ballots.
School:
residence of person in, § 163 OS
School director:
party nomination for, how made, § 45 3-2
Seal:
boards of elections to adopt, § 203 121
Secretary of state:
absent voters, register to be prepared by, § 501 26!
blank books, certificates and instructions for registration fumishetl
by, § 182 lOS
campaign statements filed and preserved by, § 548 27*^
canvass of statement of votes cast, § 89 62
cards for list of registered voters to be furnished by, § 485 25C
of election sent by, § 443 244
of new nomination, time of filing, § 136 SI
of nomination filed with, § 127 71
time of filing with, § 128 75
of vacancy, when filed with, § 52 57
certified statements of result of election of each party prepared by,
§ 89 ! , 62
certification blanks furnished by, § 181 \o<
certification of nominations to board of elections by, § 129 71
time of making, § 129 7"
what to contain, § 129 7:%
preparation of, § 167 Ov
change caused by judicial review certified by, § 56 4r
color of ofiScial primary ballots designated by, § 58 \i.
Index. 361
Secretary of State — Continued: page.
dlBpoflition of envelopes and ballots, § 513 271
eoncurrent resolutions, publication of, § 295 145
county officers, record of election filed, § 444 244
custodian of primary records, certificate of name, title of office,
party and emblem transmitted to, § 51 37
declination of nomination, time of filing notification with, § 133.. 76
designations filed, stamped or indorsed by, § 49, subd. 2 36
declination, when filed with, § 50 36
election laws, preparation and delivery of, § 320 165
election notices transmitted by, § 293 142
forms for statements of political committees provided by, § 549 .... 279
general election, notice transmitted to county clerks, § 293 142
special instructions to be furnished by for year 1914, § 182-a 109
judicial review, actions subject to, § 56 40
missing emblems to be supplied by, § 126. 74
new nomination caused by death of candidate, notification of, § 137 81
how certified to proper officers, § 136 81
^nominations, county clerks to file with, § 506 265
notifies custodian of primary records of districts affected of declina-
tion of candidates, § 50 30
official war ballots, poll-bocks and envelopes, delivered to whom,
§ 505 265
party committees to file certificate of officers within three days after
organizing, § 40 30
presidential electors, certified to, § 54 39
list furnished by, § 453 240
proposed constitutional amendment, notice of submission of, § 294. . 143
publication of, § 295 145
propositions submitted, notice of submission, § 294 143
publication of, § 295 145
questions, notice of submission, { 294 143
registers and instructions furnished by, § 182 lOS
report of voting machine commissioners filed with, § 391 216
report to by hoard of elections, § 192 115
soldiers and sailors' elections act to be published by, § 522 275
documents forwarded to, § 511 269
statement of votes ca.st for certain candidates filed by custodian of
primary records, § 89, subd. 1 62
time of nUnrr with, § 80, subd. 1 62
statements of canvass, copies obtained from governor and comp-
troller, § 439 240
of county canvassers sent to, § 434 235
of political committees filed with, § 548 270
supplies for 6oldiers and sailors' elections furnished by, § 522 275
treasurer of political committee, statement relative to, § 543 277
362 Insisx,
S«cretary of State — Continued: pacs.
war ballots to be supplied by, | 503 , 2$3
See also Canvassebs, Coxthtt Boabb or; CAjr¥JUB«sBS, Statb
Board of; Soldiers aivd Sailors' Blbctions.
Senator:
special election for, § 292 141
United States, article 13 244
SlierifFs:
challenge affidavits investigated hy, % 170 103
sheriff B and deputy sheriffs, when deemed public officers, § 476.... 250
Soldiers ajid sailors' ^eetioas:
ballot boxes, custody of, § 609 267
ballots and envelopes, disposition of, f 513 271
canvass by county boards, iiow conducted, | 515 272
by inspectors of election, | 511 269
statement and return forwarded to county clerk, §514 272
by state board, how conducted, 8 516 273
conduct of, § 510 268
contest, elections subject to, § 520 274
election law applicable to, § 521 2i4
election officers, dnttes of, § 509 26<
oath of, § 509 267
selection of, § 509 267
nominations sent by secretary of state to oomauuiding officers, $ 506 265
official envelopes, delivery of, § 505 265
penal law, provisions applicable to, f 518 ^^^
poll-books, delivered to commanding offieers, f 505 265
oaths for inspectors to be contained in, § 502 262
secretary of state to prepare, § 502 *^2
polls, opening of, § 508 266
organization of, § 509 267
where to be opened, f 507 -^
register of absent voters, § 601 261
returns and statements, when not to bo canvassed, § 517 273
returns not to be rejected because of inlonnality, § 512 270
secretary of state, comparison of poll-books and eDvek^>ee by, § 513 271
to publish act relative to, § 522 275
special polls in war time, § 500 261
supplies furnished by secretary of state, f| 622 275
vacancies among inspectors, how filled, § 619 274
unofficial ballots may be used, § 610 268
war ballots, delivered to commanding officers, § 605 265
official, how printed, $ 503 263
official envelopes for, $ 504 264
IwDEx. 363
Spedal elections: page.
certificate of nominatkMiy time aod i^ace of fiiiag, § 128 75
election records and appliances, enstody of, § 206 121
notice of, transmitted, fi 293 142
party nomination for, how made, {91 64
proclamation of, by governor, § 202 141
registration, § 160 96
time and manner of holding, S 292 141 .
time for transmitting certificate of designation for, § 51 37
vacancy in ekctive office, to be filled at, § 292 141
wken to be held, § 292 141
See also ELBcnoifS; Soldiebs ajsd Sailobs' BLEonoKS.
S^pedal enrollment:
See EJSBOixiiENT.
Special pcsaitiet:
See PENALTIES.
Spring primary:
conduct of, I 70 •. . . 47
delegates to national convention elected at, | 63 38
presidential years, first Tuesday in April, § 3, subd. 6 2
record in enrollment book, § 5 6
state committee elected in presidential year, § 38 30
See also CoirvENTiGKS; PBDCABixa.
State board oi canvassers:
See Caittassebs, Stats Boabd or.
State committee:
elected in even-numbered years, § 38 30
members of, elected at primary election ; exceptions § 38 30
elected at spring primary in year of presidential election, § 38. 30
elected in presidential year, to hold office until successor elected
in second year, § 38 30
enrolled voters within units of representation, § 36 28
hold office until successor elected, § 33 30
number of, § 36 23
orgnnize and elect oflfcers within ten days after election, § 40 30
party committee, § 35 28
presidential electors nominated hy, §54 39
unit of representation for election of, $ 36 28
vacancy filled by remaining members, § 36 28
how filled, § 36 28
See also Oommittbks; Cohventions; Pabtt Committee.
State officers:
independent nomination, number of sigsatures required on certifi-
cate, § 122 67
special election to fill vacancy, { 292 141
statement of county canvassers, S 437 237
See also Speciai. Elections.
r>64 Indkx.
Stftte superintendents of elections: paqr.
affidavits by hotel keepers holding liqnor licenses, § 481 i5i
aid by private persons and public officers, § 476 2dO
i^pointment and number of, § 471 24*^
card lists of registered electors, § 485 25d
chief deputies and assistants, { 471 248
deputies, additional, { 474 240
powers and control of, § 476 249
removal, § 486 256
deputy superintendent not to atftend primary except to rote, | 489. . 259
generally, {§ 471-489 248-259
governor, report to, § 488 259
information to be given, § 475 249
lists of residents furnished to, i 484 254
metropolitan elections district, powers of superintendent extended
to primaries, f 489 259
oaths, administration of, ( 478 251
police and certain departments to report to, { 483 2M
polling places, attendance at, § 4Z9 2SI
powers of, § 472 24S
extended to primaries, § 489 259
reports by lodging-house and hotel keepers, § 480 251
filing of, § 482 253
salaries and expenses, § 487 • 258
subpoenas issued by, § 477 • • • • 250
State voting macliine commissionsTsi
appointment, § 390 215
compensation, S 391 ...•• 216
term of office, § 390 215
See also Voting Machines.
Statement of result:
blank, bound with tally sheet, | 79. •••••• • ^
description of, § 79 54
prepared and furnished by custodian of primary reoords; quan-
tity, § 79 W
result of canvass to be written on, § 87 8^
cauTAssed by custodian of primary records, § 89, subd. 1 ^
certificate to be signed by primary election inspectors, f 79 ^
time allowed for canvass by custodian of primary records, { 89,
subd. 1 62
Statements:
campaign receipts and payments, $ 546. ••••.. 278
filed with secretary of state, % 648 279
canvass, certified copies of, § 373 210
copy filed with supervisor, { 377 212
corrected, proceedings upon, | 436 230
Index. 365
StatevMiita — Ctmtinued : page.
correctior of eriora in, § 432 234
delivered to police, § 372 210
delivery and filing of papers relating to, ft 377 212
filed with boards of elections, | 204. . 121
filing of, in New York city, § 378 2i;i
how made by county boards, § 437 ^ 237
inspectors to make and sign original, § 373 210
police, delivered to, § 372 209
produced before county canvassers, §431 233
sealing of, § 376 212
soldiers and sailors' elections, when not to be canvassed, § 517. .. . 273
return of votes, how made, § 338 181
See also Canvass; Canvassers, County Boabd of; Canvassers,
State Board of; Political Committees.
Stationery:
distributed by county clerks, § 343 185
expense of providing, § 318 163
generally, S§ 330-345 167-186
polls, distributed at, § 3r)0 188
provided by boards of elections, town, city and village elerks, § 341 . 183
supplied to each polling place, | 333 174
when delivered, where voting machines are used, § 404 222
See also Inspectors; Supplies.
Stubs:
destroyed, when to be, { 88 61
disposition of, after canvass, § 88 61
indorsement on back of, § 58 41
instructions to voters, printed on, $ 58 41
number on, entered in poll-book, | 78 51
numbers to be consecutive, § 58 41
official primary ballot stub, description, | 58 41
separated from ballot by perforation, § 58 41
See also Ballots; Primary Ballots; Sample Ballots.
Subcommittees :
party rules and regulations may provide for, 8 39 30
See also Committees.
Subpoenas:
issued by state superintendent of elections, | 477 250
See also Corrupt Practices.
Suffrage:
See Voting.
Superintendent of elections:
See State Superintendent of Blecttons.
Superrisors:
statement of result filed with, § 3H 212
866
Sapplies:
expense of proYiding, | 318 ^^'
polling places, provided for, S 300 152
primary elections, provided and paid lor as for general eloKtioc,
8 79 5^
See also Stationebt.
Xatty sheets:
bound with statement of ressit sheet, § 79 o\
eustodian of primary reeords to prepare and famish; noiber, § 79. 54
delivery and filing of, § 377 212
description, § 338 ISl
for primary elactioBs, | 79 ^
expense of providing, § 318 16-'
filed with boards of cleetions, S 204 121
with town or city clerk and hoard of elections, | 377 212
names of candidates printed by primary inspectors § 79 ^
supplied to each polling place, S 333 1^2
voting machines, printed to conform to type of, { 405 222
See also Statiootsbt.
Tie vote:
vacancy caosad hy, how filled, | 90 ^
Town board:
inspectors of eiestisn, fpoiataent of, | 311 1^^
places for registry and voting, designatioii of, § 299. • 1^
See Towi?S; also Eleotion Ofbicqebs; Inbfkciobs; Town ^lEsmrGS;
Town clerks:
ballots and stationery distributed to, f 343 IS^
certificate of nomination, filed with, $ 127 '^
time of filing with, § 128 . . . . « "^^
new nomination, time of filing, S 136 ^^
compensation of, $ 319 1^
declination of nominatieas, time of filing with, | 133 '^
enrollment books, when, to be delivered to^ § 4 ^
lists of candidates for, § 131 '^
new election district, certified copy of register for, { 183 H^
registration books, certifioates and iostmctions transmitted to,
I 182 1"^
statement of result of canvass filed with, $ 87 ^
Town elections:
registration, § 161 ^'
See also Town Meetinob.
Town meetings:
ballots, town propositions, form of, S 332 1"^
what to contain, § 341 I^*^
expense of, when held on general election day, § 318 1^
when not held on general election day, § 318 l^
Indsx. 3«7
T«wn meetings — Continued: page.
official ballots, number to be supplied, § 340 183
stationery and ballots to be provided for, § 341 183
Xo-wn offices:
declination of, where and when filed, § 133. 78
independent nomination, number of signatures required on eertifi-
cat«, § 122 er
party nomination, how made, § 45 32
Toi^Tns:
ballot clerks, appointment of, § 312 160
election districts, abolition, consolidation or changing of, § 297 .... 148
creation, division and alteration of, § 296 136
maps and certificates of boundaries to be made and posted,
§ 298 149
new, certified copy of register for, § 183 110
redistricting of, § 419 , 230
election expense, apportionment of, § 318 164
inspectors of election, appointment of, § 311 158
poll clerks, appointment of, § 312 160
posting lists of nominations, § 132 78
town ballots, boxes for, § 316 162
town propositions, boxes for, § 316 162
voting machines, adoption of, § 393 217
expense, § 318 •••• 164
See also Boasds or Electzonb.
Xrjuiscripts:
from enrollment books, fees for, § 21 23
Transfer:
election officers, when not to be made, S 308 157
Treasurer:
See CoBBUPT Pbagtices; Political Committees.
Unit of representation:
term defined, § 3, subd. 6 •.••••.•... 3
See also Conventions; Delegates; Pbxmabiss.
United States:
person in service of, residence of, $ 163 98
compensation of election officers canvassing vote of, § 319 165
See also Ballots; Pbesidential Electobs; Soldiebs and Sailobb'
Elections.
United States senators:
article 13, §f 449-457 244-247
canvass on election of, how made after election to fill vacancy, | 449 244
governor to issue writ for special election, § 449 244
time of election, § 449 244
vacancy, how filled, { 4i9 244
Unofficial ballots:
See also Ballots; Pbimaby Ballots.
V
l<
368 Index.
Unofficial primary: pace.
term defined, S 3, Bubd. 2 ^
See also Pbimabies.
Unofficial primary ballota:
See PRIHABT Ballots.
Unofficial primary elections:
See PBiitABnBS.
Vacancies:
caused by tie vote, how filled, $ 90 ^»-^
certificate of, how filed, § 135 ^*'
for primary elections, ( 52
matter contained in, § 135
when filed after ballots printed, § 52
where filed, § 00 ♦-
election officers, how filled, § 308 1 '■
elective offices, when to be filled at special election, § 202 HI
filled by committee. § 90 t»4
nominations made to fill, § 135
occurring before primary day, how filled. § 52
party certificates of nomination to contain committee to fill, $ 121. .
party nominations to fill vacancies occurring at certain times, 5 01 . H4
pasters used in certain cases, § 1 37 ^1
state committee, filled by remaining members, § 36 '2S
vote required to fill, § 90 t>l
See also Candidates; Nomination; Special Elections.
Vice-president of United States:
electors for, how chosen, § 54 ^^
See also {'besidential Electobs.
Village clerk:
ballots and stationery distributed to, § 343 H'
certificate of nomination, filed with, § 127
time of -filing with, § 128 '■'
wew nomination, time of filing, 5 1,36 ^^
declination of nomination, time of filing with, | 133 "^
statement of result of canvass filed with, § 87 f'-
ViUage elections:
registration, § 161 «•"
Village offices:
party nomination for, how made, § 45 »'*-
Villages:
certifying number of registered voters, § 181 10^
election district, when constituting primary district, | 74 49
election expense, apportionment of, § 318 1^4
when held on general election day, § 318 l'>4
when not held on general election day, f 318 Ifit
meetings for registration, § 150 **t
*
Index. 369
Villag«8 — Continued : paqk.
population of 5,000 or more, board of primary election oflBcers,
division of duties, § 74 49
divided into primary districts, § 74 49
two boards of primary election officers in, $ 74 49
posting lists of nominations, f 132 78
registration, for other than general elections, { 160 96
how conducted, § 158 95
voting machines, adoption of, { 393 217
expense, | 318 164
See also Enrollment; Pbimabikb; Registration.
Violation:
of certain articles, a misdemeanor; penalty for, (93 65
See also Misdemeanor.
Void ballots:
See Ballots.
Voters:
assisted, entry made in poll-book, | 78 5L
filing of record of, { 377 212
ballots delivered to, { 356 194
certificate of enrollment given to, S 21 23
challenged, entry made in poll-book, § 78 51
at official primary election, { 72 48
correction of enrollment, how made, | 14-a 13
declaration of intention as to residence, § 480 251
disabled or illiterate, how assisted, f 357 195
election districts, number in, S 419 230
employees, time allowed for voting, ( 365 202
enrollment of, | 10 10
declined, blank to be returned, § 10 10
errors and omissions in ballots, $ 344 186
failure to enroll, not to affect right to register for election, S 21 . . 23
illiterate and disabled, assisted at registration, | 164 98
in use of voting machine, | 412 225
intent of at primary elections, | 86 60
list of, in poll-books, | 78 , . . . , 51
manner of voting where machines are used, f 410 225
name and address entered in enrollment books, | 8 8
where personal registration not required, | 9 9
naturalization papers to be produced, f 174 104
oath, refusal to take, §363 201
official primary ballot, preparation by, § 82 57
preparation of ballots by, § 358 184
qualifications, § 162 97
at unofficial primary elections, { 92 64
questioned, §71 48
to vote at primaries, f 71 x 48
•
372 Index.
Watchert -< Continued : r^fl^
duties, { 362 1®
at primary elections, | 84 ^^
may examine ballot during cantass, | *85 ^•
meetings for registration, f 152 ^
number to be appointed, § 84 ^
transcript of statement of result of canvass may be made by, I 88. 6i
unofficial primary elections, { 92 ^
Wettehetter county:
See BoABDS of EuBcnoifs.
Witnetaet:
personal privilege of, | 668 ^
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