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reception of unvoted ballots, without examination thereof, shall be destroyed. R. S, 421, L. 1842, ch. 130, Art. 4, $$ 42-4. Id., 439, L. 1880, ch. 56, § 11.
L. 1882, ch. 410 (N. Y. City Consol. Act) $$ 1844, 1891–2.
L. 1891, ch, 236 (Brooklyn Charter) tit. 20, 88 15-17. $ 116. Proclamation of result.— Upon the completion of such canvass and of the certified statement of the result thereof, the chairman of the inspectors of election shall make public oral proclamation of the whole number of votes cast at such election at such polling. place for all candidates for each office; upon each proposed constitutional amendment or other question or proposition, if any, voted upon at such election; the whole number of votes given for each person, with the name of office for which he was named on the ballot; and the whole number of votes given respectively for and against each proposed constitutional amendment or other question or proposition, if any, so submitted. R. S., 433, L. 1855, ch. 513, $ 3.
L. 1882, ch. 410 (N. Y. City Consol. Act), $ 1893.
L. 1891, ch. 236 (Brooklyn charter), tit. 20, $ 16. 8 117. Delivery and filing by the inspectors of papers relating to the election. If the election be other than an election of town, city, village or school officers held at a different time from a general election, the inspectors of each election district except in the cities of New York and Brooklyn, shall forthwith upon the completion of such certified statement of the result, deliver such certified statement 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 such city. If there be no such supervisor or he be absent or unable to attend the meeting of the county board of canvassers, such certified statement shall be forthwith delivered to an assessor of such town or city. One certified copy of such certified statement of the result of the canvass, the poll-lists of such election and the register and two certified copies thereof checked by such inspectors at such
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. One certified copy of such certified statement of the result of the canvass, the minutes as to challenges certified by such inspectors and the sealed packages of detached stubs and unvoted ballots prepared and delivered to the chairman of the inspectors by the ballot clerks, shall within twenty-four hours after the completion of such canvass, be filed by such inspectors or by one of them deputed for that purpose with the county clerk of the county in which the election district is situated.
If the election be an election of town, city or village officers, held at a different time from a general election, elsewhere than in the cities of New York and Brooklyn, such certified statement of the result of the canvass, the certified minutes as to challenges, the polllists of the election, the packages of detached stubs and unvoted ballots, and if it be an election at which any registered voters can vote, the register and two certified copies thereof used and checked at the election shall, forthwith upon the completion of the canvass, be filed by the inspectors with the clerk of the town, village or city, as the case may be.
Such packages of detached stubs and ballots not voted, prepared by the ballot clerks, shall be filed by inspectors of election in the city of New York, with the board of police commissioners, and by the board of canvassers, in the city of Brooklyn, with the board of election. Such packages shall be preserved in the offices in which they are so filed for one year from the time of the filing thereof, may be opened and examined upon the order of a court or judge, or by any board of canvassers of the returns of election district canvassers, and at the expiration of such year, may be destroyed. R. S., 422, L. 1842, ch. 130, $$ 45–8.
L. 1890, ch. 262, $ 27.
$ 118. Judicial investigation of ballots objected to as marked for identification.-If any such certified statement of the result of a canvass shall show that any of the ballots counted were objected to as marked for identification, a writ of mandamus may, upon the application of any candidate voted for at such election, within thirty days thereafter, issue out of the supreme court, if such statement be filed in a county clerk's office, to the board of county can. vassers, or if in any city clerk's office or in any town or village clerk's office, to the board or body of canvassers if any of the returns of the inspectors or canvassers of the election district, and otherwise to the inspectors of election making such statement, requiring a recount of the votes. If the court shall, in the proceedings upon such writ, determine that any such ballot was marked for the purpose of identification, in any manner not proper or necessary for expressing a vote for a person for an office to be filled at such election, the court may order such ballot to be excluded upon a recount of such votes. Inspectors and canvassers of election districts, and boards of canvassers, shall continue in office for the purpose of such proceedings. L. 1890, ch. 262, $ 31. L. 1891, ch. 296, 8 16.
ARTICLE VI. COUNTY AND STATE BOARDS OF CANVASSERS. Bzo. 130. Organization of county boards of canvassers. 131. Production of election district statements before county
board. 132. Correction of clerical errors in election district state
ments. 133. Mandamus for correction of errors by county boards of
canvassers. 134, Statements of canvass by county board. 135. Decisions of county board as to persons elected. 136. Transmission of statements of county boards to secretary
Seo. 137. Organization of state board of canvassers.
138. Canvass by state board.
$ 130. Organization of county boards of canvassers.-The board of supervisors of each county, except New York, and the assessors, if any, to whom the original statements of the results of the canvass of the votes cast at any election in the several election districts in such county shall be delivered in pursuance of law, shall be the county board of canvassers of such county.
The members of the county board of canvassers of each county shall meet at the office of the county clerk thereof 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. Upon such meeting they shall choose one of their number chair. man of such board. Such county clerk, or if he be absent or unable to act, the deputy county clerk of such county, shall be the secretary of such board. retary of the board shall thereupon administer the constitutional oath of office to the chairman of the board, who shall then administer such oath to each member and to the secretary of the board.
A majority of the members of such board 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. R. S., 422, L. 1842, ch. 130, tit. 5, Art. 1, $$ 1-5. (Post, pp. 2349–50.)
§ 131. Production of election district statements before county board.— Thereupon the county clerk shall deliver to such board all the original and certified copies of such statements of results of canvass filed with or delivered
to him. All such original statements delivered to the members of such board shall be then 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 county clerk of such county all such original statements delivered to him.
If at the first meeting of a county board of canvassers of any county all such original statements of the results of the canvass of the votes cast at such election in all the election districts in the county, shall not be produced before the board, the board shall adjourn to some convenient hour of the next day and the county clerk of such county shall, by special messenger or otherwise, obtain such missing original statements if practicable or certified copies thereof in time to be produced before such board at its next meeting.
At such adjourned meeting or as soon as an original or certified copy of such statement of the result of the canvass of the votes cast at such election in every election district in the county shall be produced before such board, the board shall from such original statements and certified copies proceed to canvass the votes cast in such county at such election other than for town, city or village officers or upon propositions or questions upon which the voters of a portion only of such county were entitled to vote. R. S., 422-4, L. 1842, ch. 130, tit. 5, Art. 1, $$ 6, 12–14, 16–17.
$ 132. Correction of clerical errors in election district 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 or copy, which should have been inserted, or that any merely clerical mistake exist therein, they shall cause such statement or copy to be sent by one of their number, whom they shall depute for that purpose to the inspectors or other canvassers whose names are sub