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852. Organization and conduct of primaries.- Every primary shall be organized by the appointment of a chairman and secretary.
If the rules and regulations of the political organization calling it so require; or if it shall by a vote of the voters present so resolve; or if it be in a city or village having a population of over five thousand according to the then last preceding federal or state enumeration and five qualified voters of the district where it is held belonging to the political party calling it shall serve upon the secretary or general committee of the party or its organization in such city or village, or upon the chairman of the district committee, a written demand stating that they so require it; the following additional requirements, or such of them as may be specified in such demand, shall be complied with:
1. The chairman and other officers shall take the constitutional oath of office.
2. Candidates, delegates and officers of the organization shall be chosen by ballot.
3. The meeting shall be held open not less than one hour for voting thereat.
4. Two tellers shall be appointed, who shall keep a polllist of the name and residence of each person voting, and assist the secretary in the canvass of the votes.
5. An elector shall be appointed watcher for each candidate or number of candidates, requesting and naming the same.
6. The chairman shall publicly announce the number of votes cast for each candidate, and the result of the canvass at the completion thereof, and shall, if the primary be held in a city or village having a population of more than five thousand as shown by the then last preceding federal or state enumeration, file a statement of such result and the oath taken at such primary and the poll-list kept thereat in the office of the county clerk if located in such city or village and otherwise in the office of the city or village clerk; and the papers so filed
shall be public records, and open to inspection and examination by any elector of the state. R. S., 460–61–62–63, L. 1887, ch. 265, 88 1, 3, 4, 6, 16, 25.
§ 53. Qualifications of voters at primaries.- No person shall be entitled to vote at any primary unless he may be qualified to vote for the officers to be nominated thereat, on the day of election. They shall possess such other qualifications as shall be authorized by the regulations and usages of the party holding the primary. R. S., 458, L. 1882, ch. 154, $ 6. Id., 463, L. 1887, ch. 265, $ 22.
$ 54. Duties of chairman of primary.- The chairman may administer any oath required to be administered at any primary. He shall decide all questions that arise relating to the qualification of voters; and shall reject all votes offered when challenged by an elector, unless the person offering the vote 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. R. S., 458, L. 1882, ch. 154, $ 2. Id, 459, L. 1882, ch. 366, 8 1. Id., 462, L. 1887, ch. 265, $ 14.
$ 55. Watchers and canvass of votes at primaries.—The ballot-boxes 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 ballots 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 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. R. S., 461, L. 1887, ch. 265, $$ 5, 7, 8. Id., 462, L. 1887, ch. 265, § 15.
$ 56. Party nominations.- Nominations of candidates for public office, made by a primary or convention held by such primary or convention, shall be known as party nominations,
A certificate of such nominations shall be made, containing the name of the office for which each person is nominated, the name and residence of each such person, if in a city, the street, number of residence, and place of business, if any; and shall designate in not more than five words the party which such primary, convention or committee represents, and shall be signed by the chairman and secretary of the primary, convention or committee, who shall add to their names their respective places of residence, and their affidavit that they were such officers. R. S., 462, L. 1887, ch. 265, § 11.
L. 1890, ch. 262, $$ 2, 3.
L. 1891, ch. 296, SS 1, 2. (See Forms 1, 2, 4, 5, post p.p. 467-8, 470–1.)
8 57. Independent nominations.- Three thousand or more voters of the state may nominate candidates for offices to be filled by voters of the entire state; five hundred or more voters of a county or city or of a portion of the state greater than a county, except an assembly district composed of more than one county, may nominate candidates for offices to be filled by the voters of such county, city or portion of the state; two hundred and fifty or more voters of an assembly or school commissioner district, may nominate candidates for offices to be filled by the voters of such district; twenty-five or more voters of a ward, town or village may nominate candidates for offices to be filled by the voters of such town, ward or village.
If the nomination is for an office to be filled by the voters of the city and county of New York, the county of Kings, or the city of Brooklyn, not less than six hundred voters shall make such nomination. If the nomination is for an office to be filled wholly or in part by the voters of only a portion of either the city and county of New York, the county of Kings, or the city of Brooklyn, not less than two hundred and fifty voters shall make such nomination.
The nominations shall be made by a certificate signed and acknowledged by such voters, each of whom shall add to his signature his place of residence, and make oath that he is such voter and has truly stated his residence. The certificate shall contain the names of the offices to be filled, the name and residence of each candidate nominated, and if in a city, the street number of such residence and of his place of business if any; and shall designate, in not more than five words, the political or other name which the signers shall select, but the name of any organized political party shall not be used without using in connection therewith some other word or words to distinguish such name from such party name, and no word or designation shall be used indicating that the name is that of any regular party or political organization.
The certificate may designate upon the face thereof one or more persons, as authorized to nominate candidates for the offices named therein, for which no candidates are nominated in such certificate. The persons so designated may by certificates signed and duly acknowledged by them, specifying the political or other name used in the certificate in which such vacancies exist, nominate candidates to fill such vacancies. The signatures to the certificate of nomination need not all be appended to one paper. No person shall sign more than one certificate, and no certificate shall contain the names of more candidates for any office than there are persons to be elected to such office. Such nominations shall be known as independent nominations. L. 1890, ch. 262, $ 6. (See Form 3, post p. 469.)
$ 58. Places of filing certificates of nominations.-Certificates of nomination of candidates for offices to be filled by the voters of the entire state, or of any division secretary of state, except that each certificate of nomination of a candidate for member of assembly for the assembly district composing the counties of Fulton and Hamilton, shall be filed in the office of the county clerk of Fulton county, and a copy thereof certified by the county clerk of Fulton county shall be filed in the office of the county clerk of Hamilton county, and each certificate of nomination of a candidate for senator for the fifth senatorial district shall be filed in the office of the board of police commissioners of the city of New York, and a copy thereof, certified by such board, shall be filed in the office of the county clerk of Richmond county.
Certificates of nomination of candidates for offices to be filled by only the voters or a portion of the voters of the city of New York or Brooklyn, shall be filed with the board of police commissioners of the city of New York or the board of elections of the city of Brooklyn, respectively,
Certificates of nomination of candidates for officers of any other city, or for officers of a 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.
All other certificates of nomination shall be filed with the clerk of the county in which the candidates so nominated are to be voted for. L. 1890, ch. 262, 88 4, 5, 7, 38. L. 1891, ch. 296.
$ 59. The times of filing certificates of nomination.The different certificates of nominations shall be filed within the following periods before the election for which the nominations are made, to wit: those required to be filed with the secretary of state, if party nomi. nations, at least twenty-five and not more than forty days; if independent nominations, at least twenty and not more than forty days; those required to be filed