George Crane Morehouse.

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Online LibraryGeorge Crane MorehouseThe supervisors' manual : a practical treatise on the law applicable to the duties of supervisors from the date of their election to the end of their official term; also, the law relative to town bonds, railroad aid bonds, defective roads and bridges, town meetings, assessment and collection of taxe → online text (page 17 of 96)
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In cities the poll shall be opened at sunrise, and in the several towns at any
time between sunrise and nine o'clock in the morning, and shall be open with-
out intermission or adjournment, till the setting of the sun.

Special laws exist for different counties, viz.:

As to Westchester, chap. 286, Laws of 1854; as to Queens county and Hunting-
ton, Suffolli county, chap. 274, Laws of 1864; Richmond county, chap. 14, Laws
of 1871; New York city, chap. 410, Laws of 1882. This notice is to be put up in
at least eight public places in each district,

§ 175. Inspectors of Election to be Elected

Anniiailly« — At each town meeting to be held in the several
towns of this State, and at each annual charter election to be held
in the several cities of this State, which are not organized into towns
after the first day of January next, the electors of such city or town
shall be entitled to vote by ballot, on the same ticket with other town
or charter officers, for two electors residing in each election district
of such town or city, to be inspectors of election for such city or
town ; and the two persons in each district receiving the greatest
number of votes shall be two of the inspectors of election for such
district at all elections to be held therein the ensuing year. The
presiding officers of such town meeting, or charter election, shall,
immediately after the votes of such town meeting or charter election
shall be canvassed, appoint, by writing, subscribed by a majority of
said presiding officers, another inspector of election for each election
district, to be associated with said two inspectors so elected, and who
shall thereupon be one of the inspectors of election of such district.
Such inspector shall be selected from the two persons in such election
district who shall have the highest number of votes next to the two
inspectors so elected. And no ballot for inspectors shall be counted
upon which more than two names shall be contained.

Chap. 130, Laws of 1842, title 8, | 21 ; 1 R. S. 888.

" The first of January next," referred to above, means January
1, 1843.



Electioks. 149

§ 176. Form of Appointment for Third In-
spector, in ToTTns.

TOWN OF ,ss. :

•' We, the presiding officers of the annual town meeting, held in the town of
^- . • . T.; °°< <^ 1^ • "^Y °* , 18 , do hereby appoint A. B. in election

district No. 1, C. D. in election district No. 3, and E. F. in election district No. 3
in said town, inspectors of election in said districts, respectively, to be associated
with the two in each of said districts respectively, who have this day been elected
inspectors of elections for the ensuing year ; the said A. B., C. D. and B. F., each
being one of the two persons who received at said town meeting the highest
number of votes, respectively, for said office of inspector, next to the two inspec-
tors so elected.

"Dated at , this day of ,18 ."

(To be signed by a majority of the presiding officers.) Who eligible as in-
spectors, see below.

Inspectors, Vacancy in Office. — In case any of the

persons assigned or selected as inspectors shall not be in office at the
time appointed for holding any election, their successors shall be
such inspectors ; and in case of a vacancy in any of the said offices,
or of the absence or inability of any officer to act as inspector at any
election, by which the number of inspectors for a district shall be re-
duced below three, the supervisor of the town, or in case of a vacancy
in his office, or his absence or inability, the town clerk shall designate
so many of the justices of the peace (or commissioners of common
schools*) or of the commissioners of highways of the town, as shall be
necessary to supply such numbers, in the order in which they are
herein named, who shall be inspectors of such election for such district.

§ 20, tit. 3, chap. 130, Laws of 1842.

§ 177. Wlien to Appoint Inspectors.— In case any
such inspectors in any town shall not be chosen or appointed as pro-
vided for in the preceding section, or any of them shall be absent,
or shall have ceased to be a resident of such district, or unable to
attend and hold any election in their district, the supervisor, town
clerk and justices of the peace in such town shall meet at such time
and place as shall be appointed by the supervisor, or in case of his
absence or inability, or a vacancy in his office, by the town clerk,
and shall designate and appoint so many electors of such election
district as shall be necessary, to supply such vacancy, to be inspectors
of election for such district, and shall file a certificate of such ap-
pointment in the office of the town clerk ; and the persons thus
appointed shall be inspectors of such election for such district. ' And
all vacancies which may exist or occur in the office of inspector of
election in any city shall be filled by the common council of such city.

Id., § 22.

In towns in counties of over three hundred thousand inhabitants
(Kings county) the supervisor, justices of the peace and town clerk,
upon the application in writing of fifty voters of a town, are to meet
as a board and appoint a board of registry for the purpose of regis-
tering electors entitled to vote at a general election or town meeting.
The registers must be five in number, chosen from the two political

* Office abolished. See Form, g 178, post.



150 SuPEKVisoBs' Manual.

parties which cast the greatest number of votes at the preceding
general election, not more than three from either party.

Chap. 142 Laws of 1880; 1 R. S. 384, § 22.

Various local acts are in force relating to registering voters. They are omitte j
here as not being within the scope of this work.

Who Eligible as Inspectors. — No person shall be
eligible to the office of inspector of election or clerk of the poll, or
be qualified to act as such, unless he can read and write the English
language.

Laws of 1880, chap. 66, § 1.

§ 178. Appointment of Inspectors to Supply
Vacancies.

" A. B. is hereby appointed inspector of elections in and for district No. 1, Id
the town of , to supply the vacancy occasioned by the omission to elect or

appoint (or occasioned by the death, removal or inability to serve, as the case may
be, of C. D.), and K. F. is hereby appointed inspector of election in and for dis-
trict No. 2, in said town, to supply the vacancy occasioned, etc."

Given under our hands, this day of , 18 .

D. E.,
Supervisor.

E. 0.,

Town Clbbk.
K. L.,
H. I.,
P. R.,

Justices op the Peace.
[The above to be filed in the town clerk's office.]

Prior to the election, the sheriff sends a notice thereof to the supervisor.
1 R. S. 882.

These notices are posted up in the town, in some conspicuous public places.
The ballots to be provided for an election must conform to the following law;

UNIFORM BALLOTS.

Laws of 1880, Chap. 366.

AN ACT to secure uniform ballots and preserve the purity of elections.

§ 179. Ballots Must be on Plain Paper and

IXniform. — At all elections hereafter held within the limits of
this State for the purpose of enabling electors to choose by ballot
any officer or officers under the law of this State, or of the United
States,, or to pass upon any amendment, law or public act, or propo-
sition submitted to the electors to vote by ballot under any law, eacli
and all ballots used at any such election shall be upon plain white
printing paper, and without any impression, device, mark or other
peculiarity whatsoever upon or about them to distinguish one ballot
from another in appearance, except the names of the several candi-
dates, and they shall be printed with plain black ink.

§ 180. Caption. — Every ballot shall have a caption (as pro-
vided by law), but such caption shall be printed in one straight line
in black ink, with plain type of the size now generally known and
designated as " Great Primer Eoman Condensed capitals," and the
names of all candidates shall be printed in plain type, with letters
of a uniform size.



Elections, 151

§ 18 1. Unlawful to Distribute otbep Ballots.

— It shall be unlawful for any person to print or distribute, or to
cast any ballot printed or partly printed contrary to the provisions
of this act, or to mark the ballot of any voter, or to deliver to any
voter such marked ballot for the purpose of ascertaining how he
shall vote at any election.

§ 182. Penalty. — Any person or persons who shall know-
ingly or willfully violate, or attempt to violate, any of the provis-
ions of this act shall be guilty of a misdemeanor, and be punished
by imprisonment in a county jail or penitentiary for not exceeding
one year, or by a fine of not exceeding $250, or by both such fine
and imprisonment.

§ ] 83. Repeal. — All acts or parts of acts inconsistent with
the provisions of this act are hereby repealed, provided that nothing
in this act contained shall be construed to prohibit any elector from
voting any ballot entirely written or from voting any printed ballot,
which in outward appearance complies with all the requirements of
this act, upon the face of which he has personally made, or caused
to be made, erasure, correction or insertion of any name by pencil
mark or otherwise.

The above act does not apply to voting at school meetings. Report Supt. of
Pub. Inst, for 1887, p. 837.

OF THE CANVASS AND ESTIMATE OF THE VOTES BY
THE BOAKD OF INSPECTOES.

§ 184. Order of Canvassing', Except in Ne-vr

York.— Immediately after the final closing of the poll, at all
general elections hereafter to be held in this State, in the several
election districts, except in the city of New York, the ballot-boxes
used at such elections shall be opened and the votes therein can-
vassed in the manner now provided by law, but as nearly as may be
in the following order :

1. Electors. — The box containing the ballots indorsed
« Electors."

2. State. — The box containing the ballots indorsed " State."

3. ConSX*eSS. — The box containing the ballots indorsed
" Congress."

4. Senate. — The box containing the ballots indorsed " Senate."

5. Assembly* — The box containing the ballots indorsed
"Assembly."

6. Judiciary. — The box containing the ballots indorsed
" Judiciary.' '

Otber Ballots. — If ^^y other ballot-boxes shall have been
used at any such elections, in pursuance of law, such other boxes
shall be opened and the votes therein canvassed immediately after
those hereinbefore specified, in such order as the inspectors of elec-
tions at the several polls shall, respectively, determine.

§ 1, chap. 79, Laws of 1856, as modified by chap. 712, Laws of 1871.

§ 185i Order of Canvassing-.— At each annual or
special election at which a representative in congress, senator or mem-



152 SuPBKvisoEs' Manual.

ber of assembly is hereafter to be elected, the inspectors in the sev-
eral election districts in this State shall provide and keep a separate'
box m which all ballots for representative in congress, to be indorsed
" Congress," shall be deposited ; also a sepai-ate box, in which all
ballots for senator, to be indorsed " Senator," shall be deposited ;
and also a separate box, in which all ballots for member of assembly,
to be indorsed "Assembly," shall be deposited; and the ballots de-
posited in said several boxes shall be estimated and canvassed in the
order named above, respectively, and immediately following the es-
timate and canvass of the ballots indorsed " State."

§ 1, chap. 712, Laws of 1871.

§ 186. Repeal of Inconsistent Acts.— All acts or
parts of acts inconsistent with the provisions of this act are hereby
repealed.
Id., § 2.

ScllOOl Commissionex*. — In the years when a school
commissioner is to be elected, an additional box marked "School
Commissioner" will be required, into which the ballots for candidate
for that office are to be deposited, and such votes are to be estimated,
canvassed and returned in the same manner as the ballots of other
county officers.

Laws of 1864, chap. 555, title 2, § 8, as amended by Laws of 1867, chap. 406.

Canvass ofVotes for Scbool Commissioner.—

The school commissioner for each school commissioner district shall
be elected by the electors thereof, by a separate ballot, at the general
election in the year 1866, and triennially thereafter, and the ballots
shall be indorsed " School Commissioner." The laws regulating the
election of and canvassing the votes for county officers shall apply
to such elections, and it shall further be the duty of county clerks,
and they are hereby required, as soon as they shall have official no-
tice of the election or appointment of a school commissioner for any
district in their county, to forward to the snperintendent of public
instruction a duplicate certificate of such election or appointment,
attested by their signatures and the seal of the county.

Chap. 555, Laws of 1864, tit. 2, § 3.

§ 187. Proclamation of Result of Canvass.—

At the completion of the canvass of each box, the chairman of the in-
spectors of election shall make public oral proclamation of the whole
number of votes in such box, and of the whole number given for each
person with the name of the office to which such person was
named on the ballots.

§ 3, chap. 513, Laws of 1855, as modified by chap. 79, Laws of 1856 : and chap. 712,
' Laws of 1871.

§ 1 88. Violation Thereof Shall be Punished.—

This act shall be deemed a portion of the electoral law of the State,
and any violation thereof shall be punished in the same manner as
provided in the general statutes regulating elections.

Id., §4.

§ 189. Repeal.— The act entitled "An act to regulate tlie
number of boxes to be used at elections," passed March 23, 1852,



ELECTioi<rs. 153

and all acts and parts of acts heretofore passed, so far as the same
are inconsistent with the provisions of this act, are hereby re-
pealed.

Id., g 6.

§ 190. Canvass, When and Hotv- Made.— As soon
as the poll of an election shall have been finally closed, the inspectors
of the said election, in their several districts, shall proceed to can-
vass the votes. Such canvass shall be public, and shall not be
adjourned or postponed until it shall have been fully completed.

§ 35, tit. 4, chap. 130, Laws of 1842. See § 184, ante.

§ 191. Comparison of Poll-lists.— The canvass shall
commence by a comparison of the poll-lists .from the commence-
ment, and a correction of any mistakes that may be found therein.

Id., § 36.

§ 192. Ballots to be Counted.— Each box being
opened, the ballots contained therein shall be taken out and counted
unopened, except so far as to ascertain that each ballot is single.
And if two or more ballots shall be found so folded together as to
present the appearance of a single ballot, they shall be destroyed, if
the whole number of ballots exceed the whole number of votes, and
not otherwise.
Id., § 37.

§ 193. Ballots in Wrong Box.— No ballot, properly
indorsed, found in a box different from that designated by its in-
dorsement, shall be rejected, but shall be counted in the same man-
ner as if found in the box designated by such indorsement, provided
that, by the counting of such ballot or ballots, it shall not produce
an excess of votes over the number of voters, as designated on the
poll-list.

Id., 9 38.

§ 194. Excess to be Destroyed.— If the ballots shall

be found to exceed in number the whole number of votes on the
correspondent columns of the poll-lists, they shall be replaced in the
box, and one of the inspectors shall, without seeing the same, pub-
licly draw out and destroy so many ballots, unopened, as shall be
equal to such excess.

Id., § 39.

§ 195. Estimate of votes. — The board shall then proceed
to canvass and estimate the votes.

Id., i 40.

20



154 Supervisors' Manual.

§ 196. Excess to be DraTrn and Destroyed.—

If, after having opened or canvassed the ballots, it should be found
that the whole number of them exceeds the whole number of voters
entered on the poll-lists, the inspectors shall return all the ballots
into the box, and shall thoroughly mingle the same ; and one of the
inspectors, to be designated by the board, shall publicly draw out of
such box, without seeing the ballots contained therein, so many of
such ballots as shall be equal to the excess, which shall be forthwith
destroyed.

Id., § 41.

§ 197. Statement of Result to be Made.— The

canvass shall be completed by ascertaining how many ballots of the
same kind corresponding in respect to the names of persons thereon
and the offices for which they are designated have been received,
and the result being found, the inspector shall securely attach to a
statement of such canvass one ballot of each kind found to have
been given for the officers to be chosen at such election, any or
either of them, except those given for electors of president and
vice-president ; and they shall state in words at full length, immedi-
ately opposite such ballot, and written partly on such ballot and
partly on the paper to which it shall be attached, the whole number
of all the ballots that were received which correspond with the one
so attached, so that one of each kind of the ballots received at such
election for the officers then to be chosen, shall be attached to such
paper, with a statement of such canvass. They shall also attach to
such paper the original ballots rejected by them as being defective,
which were given at such election.

Id., § 42.

§ 198. Canvass and Statement of Votes for
President and Vice-President.— When electors of
president and vice-president shall be chosen at any election the in-
spectors shall make a separate canvass and statement of the votes
given for electors, in the manner prescribed in the last preceding
section, by ascertaining how many ballots of the same kind, corre-
sponding in respect to the names thereon, have been received ; and
the result being found, the inspectors shall securely attach to paper
one original ballot of each kind found to have been given for elec-
tors, and shall state, in words at f uU length opposite such ballot, and
written partly thereon and partly on the paper to which it shall be
attached, the whole number of ballots for electors that were found
to have been received, corresponding with the one so attached.



Elections. 155

They shall also attach to such paper all original ballots for electors^
rejected by them as being defective.

Id., g 43.

§ 199. Form of Statement.— The statements to be
made by the inspectors shall contain a caption, stating the day on.
which, and the number of the district, the town or ward, and the
county at which the election was held, in relation to which such
statement shall be made ; it shall also contain a statement showing
the whole number of ballots taken for each person, designating the
office for which they are given, which statement shall be written in
words at length ; and at the end thereof a certificate that such state-
ment is correct in all respects ; which certificate shall be subscribed
by the inspectors.

Id., 9 44.

§ 200. — Every return or statement of the resuit of the canvass
of any election shall be made upon a single sheet of paper, or if
not, each half-sheet shall be signed at the end thereof by the
inspectors.

S 11, chap. 56, Laws of 1880.

§201. Copy to be Filed.— A true, copy of the several
statements made by the inspectors shall be made and certified by
them, and immediately filed by them in the office of the clerk of
the town or city.

§ 45, tit. 4, chap. 130, Laws of 1842.

§ 202. Poll-lists to be iFiled.— The poll-lists kept at
such election shall be filed by the inspectors, or one of them, in the
office of the clerk of the town or city in which such election was
held, and shall be there preserved.

Id., s 46.

§ 203. Ballots to be Destroyed.— The remaining
ballots, not so pasted or attached, shall be destroyed, and the board
of inspectors shall be dissolved.

Id., 8 4T.

§ 204. Orig-inal Statements to be Delivered

to Supervisors. — The original statements, duly certified, shall
be delivered by the inspectors, or by one of them to be deputed for
that purpose, to the supervisor of the town or ward, 'within twenty-
four hours after the same shall have been subscribed. If there be
no supervisor, or he shall be disabled from attending the board of
county canvassers, such original statement shall be delivered to



156 SuPEBVisoEs' Manual.

one of the assessors of the town or ward in which such election
was held.

Id., §48.

§ 205. Inspectors' Duty to Make and File Du-
plicate Return of Canvass.— The inspectors of election
of each election district shall, within twenty-four hours after the
completion of the canvass, in addition to the making and filing of
the returns and statements thereof, now dii*ected and required by
law, cause a duplicate of such return or statement to be filed in the
oflBce of the clerk of the county. One of their number may be
deputed by them to, and may file the same, and he shall be paid for
so doing, except in cities and towns where the county clerk's ofiBce
is situated, the sum of $5, and, also, four cents a mile for each mile
actually and necessarily traveled by the usual route in going to and
returning from the said county clerk's office, to be audited, allowed
and paid in the same manner as for other services of said inspectors.

S 14, chap. 66, Laws of 1880.

§ 206. Forms of Statements of Canvass.

No. 1. General Election.

Statement of the result of a general election held in and for the first election
district of the town of Lee, in the county of Oneida, on the 5th day of November,
in the year of our Lord one thousand eight hundred and eighty, made by the
inspectors of elections in and for said district, viz. :

The whole number of votes given for the office of governor was

five hundred 500

Of which Alonzo B. Cornell received three hundred 300

Lucius Robinson received one hundred 100

John Kelly received one hundred 100

500 600

The whole number of votes given for the office of lieutenant-
governor was five hundred 500

Of which George G. Hoskins received four hundred 400

Clarkson N. Potter received one hundred 100

500 500



{The statement to include also, in its proper order, eouik of the officers to he chosen
at the same election, excepting electors of president and mce-president and city offi-
cers.)

We certify that the foregoing statement is correct in all respects.

Dated this 5th day of November, in the year 1880.

A. B.,
(J. D.,
E. F.,
Inspectors.

Write on one side only of each sheet and sign and certify each sheet as above.



Elections. 157

An additional, certificate is to be subjoined to tbe copy to be filed in the town or
city clerk's oflBce and in the county clerk's oflSce, as follows:

" We certify'that the foregoing is a true copy of tlie original statement made by
us for the board of county •canvassers.

' Dated No-oemher 5. 1880. "A B

C' D.''
E. F.,
Inspectors."

(Attach upon the sheet one of each of the regvla/r or " straight " ballots, certify-
ing the whole number of each of such ballots cast.

Attach also any defective ballots cast and not included in the statement of votes
herein returned, certifying opposite such defective ballots the portion thereof not
counted and the reasons therefor.)

Cut or split ballots need not be attached. *

The certificate should be commenced upon ths ballot as in the form below.



That the whole
one hereto



Ballot to be
attached here.



numlber of ballots cast, corresponding with the
attached, was



(Bepeat this upon each ballot attached.)



We certify that the foregoing statement is in all respects correct and true.

Dated Jffovemier 5, 1885.

A. B.,
G. D.,
E. F.,
Inspbctobs.

As to what are defective ballots, see post, " Defective Ballots."

§ 207. Statement ofVotes Given for Electors
of President and Vice-President.

" statement of votes given for electors of president and vice-president, at a
general election held in and for the first election district of the town of Lee, in
the county of Oneida on the 5th day of November, in the year of our Lord, eigh-
teen hundred and eighty, made by the inspectors of elections in and for said dis-
trict, viz.:

The whole number of votes given for the office of elector of president and vice-
president was
Eighteen thousand 18, 000

Of which

A. B. received three hundred 300

C. D. received three hundred 800

E. F. received three hundred. SOO

(And so on with each name.)

18,000 18,000
*For the rule as to Broome county, see post, p.TSl.



Online LibraryGeorge Crane MorehouseThe supervisors' manual : a practical treatise on the law applicable to the duties of supervisors from the date of their election to the end of their official term; also, the law relative to town bonds, railroad aid bonds, defective roads and bridges, town meetings, assessment and collection of taxe → online text (page 17 of 96)