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McKinney's Consolidated laws of New York annotated; with annotations from state and federal courts and state agencies online

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into judicial, legislative, county, city, ward and town offices, and
otherwise, if there be offices of other classes. The title of each
class shall be printed above the titles of offices in such class.
Below the title of each office shall be a space or spaces for writing
in the name or names of the person or persons for whom the
voter desires to vote if he chooses to vote in that manner. One-
half inch space shall be allowed for the title of each class of offices
and one-half inch space for the title of an office and writing in the
name of a person as the voter's choice for such office. Each class
of offices shall be separated by a heavy horizontal line across the
column. Such offices and titles, except as to the spacing, shall be
printed substantially as follows:

JUDICIAL OFFICES.
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.



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ELECTION LAW 283



L. 1922, ch. 688 Soldiers' and Sailors' Elections ' § 304

CdUNTY OFFICES.

For sheriff of ; county.

For district attorney of county.



CITY OFFICES.
For mayor of the city of



WAED OE TOWN OFFICES.
For supervisor of ward or town of



For justice of the peace, town of



In a year when a president of the United States is to be elected,
a separate ballot for electors of president and vice-president shall
be provided in the same form as the regular oflBcial ballot for such
officers.

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, an equal number of ballots for questions so
submitted shall be provided in the same form as the regular official
ballot for such amendment, proposition or question.

Derived from §§ 50a, 504 of former Election Law (L. 1900, ch. 22), § 503
having been added by L. 1018, ch. 208, § 7.

Separate ballots. — Under the former statute it was the opinion of the
attorney-general that the names of all officers to be voted for, including
presidential electors, should be placed on one ballot and a separate ballot
provided for constitutional amendments and questions submitted. Op. Atty.-
Gen. (1016) 371.

§ 304. Official envelopes for war ballots. The secretary of
state shall also cause to he prepared and printed at least twice as
many official envelopes as there are voters ahsent from their elec-
tion districts, as shown hy such general register. Such envelopes
shall be gummed, ready for sealing. Upon one side of sudi en-
velope shall he printed in substantially the following form the
following:



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284 ELECTION LAW

f 304 ' Soldiers' and Sailors' Elections L. 1922, c3i. 588

" OFFIOLiL WAR BALLOT

FOB

OENERAL ELECTION, NOVEMBER

(here insert the date of the election.)

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 fol-
lowing oath : ,, OATH OF ELECTOR

" I do swear (or aflSrm) that I have been a citizen of the United
States for ninety days and am now of the age of at least twenty-
one years, or will be on the (here insert the date of the election) ;
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 pre-
ceding 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
withholding of a vote at this election, and have not made any
promise to influence the giving or withholding of any such vote;
and that I have not made or become directly or indirectly inter-
ested in any bet or wager depending upon the result of this elec-
tion; and that I have not beem 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.

Voter MUST sign here, and inspector of elec-
tions MUST administer and attest oath.

Subscribed and sworn to before me, this

day of (here insert the date),

• }

Inspector of Elections/'
Derived from I 504 of farmer Election Law (L. 1009, cli. 22).



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ELECTION LAW 285



L. 1922, ch. 5SS Soldiers' and Sailors' Electiom SS 305, 306

» .1.1

§ 305. Lists of nominations. Each board of elections fortli-
with shall forward by mail to the secretary of state, a list of all
nominations made by any petition or certificate filed with it or
made at a primary election, the retoms of which are canvassed
by it, stating the name and residence of each nominee together
with the title of the office for which he is n6minated and the
party or independent body nominating him. The secretary of
state, after the receipt by him of such certified lists shall com-
municate, so far as practicable, to each commanding officer of
any command having therein ten or more voters of this state
absent from their respective election districts in time of war,
ia the actual military service of this state or the United States
in the army or navy thereof, the name and residence of each
nominee so certified by the board of elections, and of each person
nominated by any petition or certificate filed with him, or
nominated at a primary election the results of which are canvassed
by him, together with the title of the office for which he is nomi-
nated and the party or independent body nominating him; 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.
Derived from § 506 of former Election Law (L. 1909, eh. 22).

§ 306. Delivery of official war ballots, poll fooolcs, en-
velopes and supplies. 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, two poll books for the use of such voters
at each poll of each election held under the provisions of this
article, such blank forms, instructions to voters and other sta-
tionery as may be necessary for the proper conduct of the election,
and pamphlets, properly indexed, containing a brief synopsis of
this article, and such extracts therefrom as the secretary of state
may deem suitable. Such supplies shall be delivered in time
for use at the election for which they are prepared, in such man-
ner 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. The secretary of state may order or purchase any of



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286 ELECTION LAW



§ 307 Soldiers' and Sailors' Elections L. 1922, di. 688

the printing and supplies required by this article wherever he
deems it desirable for the best interests of the state. If the num-
ber of voters in any command be less than ten, or voters be
detached by military order and absent from their command, the
secretary of state shall, when practicable, mail or deliver to such
voters of that description as he may, with reasonable diligence,
be able to locate, oflSicial war ballots and official envelopes.
Derived from §§ 605, 622 of former Election Law (L. l^OQ", ch. 22).

§ 307. Polls of election. Any election held under the pro-
visions of this article shall be held upon the day of the gen-
eral 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 highest rank in the terri-
tory or naval fleet, where the poll or polls for such election
shall be held, by proclamation duly made, but such officer need
not fix the same day for such election throughout all of the
military or naval units of such territory or fleet; provided,
however, that if by reason of the exigencies of war such election
cannot be held in any of the polls hei'ein provided on the day
so fixed such election may be held on the next day practicable
thereafter upon like proclamation of such commanding officer
of highest rank; but such election shall not be held later than
the day of such special or general election. Such polls shall be
opened on the day of such election at the quarters of the captain
or other commanding officer of any company, troop or other com-
mand 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 command may vote at such poll. 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 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 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
polls will be closed, and as near as may be, at one hour before
the closing of the polls, public proclamation shall again be mado
by the inspectors that the polls will be closed at a time certain
then proclaimed, which shall be the hour announced in the



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ELECTION LAW 287



L. 1922, ch. 5&8 Soldiers' and Sailors' Elections § 307

proclamation 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.

At the hour and place 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 inspectors of election thereof. Such inspectors shall, so far
as possible, be so selected that they shall equally represent the
two political parties of this state which at the last preceding
election in this state polled the highest and next highest number
of votes respectively. Such inspectors, when so elected, shall
choose one of their number as chairman of the board of inspectors
by election or by drawing lots. Such chairman shall then admin-
ister 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 administered shall, be as follows :

" I do solemnly swear (or affirm) that I will support the con-
>5ititution 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 shall be subscribed by the person taking it, and
certified by the person administering it The inspectors shall
act by majority vote. If any inspector after having been chosen
shall permanently absent himself the remaining inspectors, or
if there be none the voters present shall by appointment fill the
vacancy, regard being had to the bipartisan character of the
board.

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 bv mail by
such commanding officer to the secretary of state. The 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 snrli
election. Before proceeding to take any votes thev shall open
the box and publicly exhibit the inside thereof, and the box shall
be entirely empty. They shall then close and securely fasten t^- •
box and it shall not be opened again until the close of the polU
at such election. Each such b-^x shall hnve an opening in th?
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



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288 ELECTION LAW



S 308 Soldiers' and Sailors' Elections L. 1922, d*. 588

I I .11 1,1

qualified voters their envelopes oontaining ballots and shall
deposit them in the baUot box. He 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 official ballots and envelopes and shall deliver the
same to the qualified voters entitled to vote at such election.
Derived from {§ 507, 508, 509 of former Election Law (L. 1909, di. 22).

§ 308. Conduct 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 such other information
as is required to be entered in such poll book. When such voter
gives such information to such inspectors, the inspector having
charge 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 such voter. Such
voter shall then retire to some convenient place and shall prepare
his ballots and envelope for voting.

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 con-
cealed 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 ia
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 chair^
man shall thereupon deposit such envelope containing such ballot



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ELECTION LAW 289



L. 1922^ ch. 588 Soldiers' and Sailors' Elections §§ 309, 310

r— ~ ~~~

or ballots in the ballot box. Any voter so having voted, shall not
again be entitled to vote at such election, though present on elec-
tion 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.

Derived from { 510 of former Election Law (L. 1909, ch. 22).

Bribery or intimidation of elector in miUtary service of United States r^
see PENAii I1A.W, § 771.

Registration. — ^A soldier need not be registered in his home district to be
entitled to vote. Op. Atty.-Gen. (1898) 294.

§ 309. Voting otherwise tlian at poll of voters' command.

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 com-
mand, may vote -at such poll other than that of their own com-
mand as may be most convenient for them, or, if any such voter
shall have received a ballot and envelope from the secretary of
state as provided in section three hundred and six, he may
take the oath provided for in section three hundred and four,
upon the envelope, before his commanding officer, prepare his
ballot, inclosing same in such envelope, fill out the endorsement
thereon and mail such envelope or cause it to be mailed or deliv-
ered to the secretary of state, who shall include the same in the
envelopes to be transmitted to the board of elections of the county
in whidi the voter resides as provided in section three hundred
and twelve. Such board shall transmit the ballot, as provided
in such section, to the board of inspectors of the election district
in which the voter resides, and the same shall be canvassed, if
the voter is a qualified elector.

Derived from § 607 of former Election Law (L. lOOQ-, ch. 22).

§ 310. Metliod of voting. To vote for all the candidates of
a party for all offices for which he is entitled to vote in the elec-
tion district in which he resides, the voter may make a cross X
mark in the circle beneath the emblem of such party. In lieu
thereof, he may express his choice of certain persons for certain
offices by voting as follows : To so vote for a candidate for an office

19



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ELECTION LAW



i 311 Soldiers' and Sailors' ElectionB L. 192!^, ch. 588

to be voted for by all the voters of the state, if the name of such
candidate be printed upon the ballot, the voter shall make a cross
X mark in a voting square to the left of the candidate's name ;
to so vote for any person, for any such office, whose name is not
printed upon the ballot, the voter may write the name of such
person in the blank space provided therefor in the proper section
after the printed name ; to so vote for a person for an office to be
voted for by less than all the voters of the state, the voter may
write in the blank spaces provided therefor beneath the titles of
the proper offices the names of the persons for whom he desires
and is entitled to vote. The voter may make a cross X mark in a
circle beneath the emblem of a party and also vote, by writing
the name or making a mark in a voting square if any, for a
certain person for whom he desires and is entitled to vote, for a
particular office, who is not the nominee of such party; and in
that case, he shall be deemed to have voted for all of the candidates
of such party, for whom he is entitled to vote, except the candi-
date for an office for which he has expressed his choice by such
writing or mark in a voting square, and shall be deemed to have
voted for such person for such office; provided, however, that
where two or more persons are to be elected to the same office, if
the voter writes in the names of one or more persons as his choice
therefor or indicates such choice by a mark in a voting square,
his vote, as to that office, shall be counted only for the persons
whose names are so written or indicated. If the voter shall have
marked within a party circle and also indicated by writing or by
a mark in a voting square the name of a person as his choice for
a particular office and such person be also the candidate of such
party for that office, such writing, or mark in a voting square,
shall be deemed surplusage and the vote counted for such person.
The ballot, if any, for electors of president and vice-president of
the United States, or upon a constitutional amendment, proposi-
tion or question, shall be marked in the same manner as similar
ballots used by other voters.

Derived from § 510 of former Election Law (L. 1909, ch. 22).

§ 311. Count of the votes; transmission of returns. As

soon as the polls of an election are closed, the inspectors of elec-
tion thereat publicly shall destroy all official envelopes and bal-
lots not voted; and shall then publicly open the 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 inspectors shaU commence the count by comparing the



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ELECTION LAW 291



L. 1022, ch. QSS Soldiers' and Sailors' Elections | 311

two poll books used at such election, correcting any mistakes
therein, and by counting the envelopes containing ballots found
m the ballot boxes without opening them, and by comparing the
envelopes containing ballots found in such box with the number
shown by the poll 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 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 such pell books as herein provided, shall with their
contents immediately be destroyed, 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 ofiicial 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
announce the result of such count. The inspectors thereupon
shall inclose all such envelopes containing ballots without open-^
ing the same, in a sealed package with one of said poll books,
and shall direct them to the secretary of state, at Albany, New
York, and shall forward the same by mail or express to him as
soon as possible after such election. The inspectors shall inclose
the other of such poll books in an envelope and shall direct it
to the governor of the s*ate of New York, at Albany, New York,
and shall forward it forthwith to him by mail or express, but
by different hands, if possible, from those carrying such envelopes
containing ballots and such poll books, so directed to be for-
warded to the secretary of state, receipts therefor, respectively,
being taken by the chairman of the board of inspectors. The peo-
re*ary of state shall provide for such return at the expense of tbe
state.

Derived from §§ 511, 552 of former Election Law (L. 1909, ch. 22), § 532
baving been added to that law by L. 1920, ch. S75.



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292 ELECTION LAW



§§ 312, 31>3 Soldiers' and Sailors' Elections L. 1922, ch. 588

§ 312. Disposition of envelopes and ballots by secretary of
state. 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, upon receipt of
the packages, shall notify the chairman or any member of the
state committees of the parties which at the last election for



Online LibraryNew York (State)McKinney's Consolidated laws of New York annotated; with annotations from state and federal courts and state agencies → online text (page 34 of 43)