deputed shall immediately give notice to such inspectors or canvassers, who shall forthwith meet and make such correction as the facts of the case require; but such inspectors or canvassers 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 receiving such corrected statements. R. S., 423, L. 1842, ch. 130, tit. 5, Art. 1, § 15. § 133. Mandamus for correction of errors by county boards of canvassers. The supreme court may, upon affidavit presented by any voter showing that errors have occurred in any statement or determination made by any county board of canvassers, make an order requiring such board to correct such errors, or show cause why such correction should not be made. If such board fail or neglect to make such correction, or to show cause as aforesaid, the court may compel such board by writ of mandamus to correct such errors; and if it shall have made its determination and dissolved, to reconvene for the purpose of making such corrections. Such meeting of the board of county canvassers shall be deemed a continuation of its regular session for the purpose of making such corrections as the court shall order, and the statement 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 corrected statement had been a part of the original required by law. R. S., 441, L. 1880, ch. 460, §§ 1, 2. § 134. Statements of canvass by county board. Upon the completion by a county board of canvassers of their canvass of the votes so cast in such county, they shall make separate statements thereof as follows: One statement as to all the votes, if any, so cast for all the candidates for each office of elector of president and vice president of the United States for which the electors of such county were entitled to vote at such election; another statement as to all the votes so cast for all the candidates for each state office and for each office of representative in congress for which the electors of such county or any portion thereof are entitled to vote; another statement as to all the votes, if any, cast upon every proposed constitutional amendment or other proposition or question duly submitted to all the electors of the state at such election; another statement as to all the votes cast for all the candidates for each office of member of assembly for which the electors of such county or any portion thereof, were entitled to vote at such election; another statement as to all the votes, if any, so cast for all the candidates for each county office and office of school commissioner for which the electors of such county or any portion thereof, were entitled to vote at such election; another statement as to all the votes, if any, so cast upon any proposition or question upon which only the electors of such county were entitled to vote at such election. Each such statement shall set forth in words written out at length all the votes so cast for all the candidates for each such office, and if any such office was to be filled at such election by the electors of a portion only of such county, all the votes cast for all the candidates for each office in any such portion of the county designating it by its proper district number or other appropriate designation, the names of each such candidate and the number of votes so cast for each, the whole number of votes so cast upon any proposed constitutional amendment or other proposition or question and of all the votes so cast in favor of and against the same respectively. If upon such canvass any statement or duly certified copy of statement of the result of the canvass of the votes of any election district in such county, shall have any ballot annexed thereto, indorsed by the inspectors or canvassers to the effect in substance that it was objected to as marked for identification, the county board of canvassers shall count such ballot as though not so marked, unless otherwise ordered by a court of competent jurisdiction, but they shall add to each appropriate statement in which the count of any such ballot or portion thereof is included, a statement of the whole number of ballots so indorsed and counted for all the candidates for each office and the number of such ballots so counted for each candidate. Each such statement shall 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 county clerk of such county. R. S., 422-3, L. 1842, ch. 130, tit. 5, Art. 1, §§ 7-9. § 135. Decisions of county board as to persons elected.— Upon the completion of such statements, each county board of canvassers shall determine what person has been so elected to each office of member of assembly to be filled by the electors of such county, if constituting one assembly district, or in each assembly district therein if there be more than one, and each person elected 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 to the office of school commissioner to be filled at such election in each such district. The county clerk of the county of Hamilton shall forthwith transmit to the county clerk of the county of Fulton, a certified copy of the statement so filed and recorded in his office, of the county 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 Hamilton counties; and the county clerk 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 to such office. Such board of each county shall determine whether any proposition or question submitted to the electors of such county only, has 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 county clerk of such county, who shall cause a copy thereof and of the statements filed and recorded in his office upon which such determinations were based, to be published in at least one newspaper published in such county, and in such other newspapers published therein as the county board of canvassers shall direct. The clerk of each county shall prepare as many certified copies of each certificate 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. R. S., 423-4, L. 1842, ch. 130, tit. 5, Arts. 1, 2, §§ 10, 11, 18, 21 Id., 433, L. 1844, ch. 331, §§ 2, 3. § 136. Transmission of copies of proceedings of county boards of canvassers to the secretary of state.— Upon the filing in the office of a county clerk of a statement of the county board of canvassers as to the votes cast for candidates for the offices of electors of president and vice-president, or as to the votes cast for candidates for state offices and representatives in congress, or as to the votes cast upon any proposed constitutional amendment or other proposition or question submitted to all the electors of the state, such county clerk shall forthwith make three certified copies of each such statement, and within five days after the filing thereof in his office, transmit by mail, one of such copies to the secretary of state, one to the governor, and one to the comptroller. The governor and comptroller shall forthwith upon the receipt thereof by them, deliver such certified copies to the secretary of state. If any such certified copy shall not be received 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 from the county clerk required to transmit the same, and such county clerk shall immediately upon demand of such messenger, at his office, make and deliver such a certified copy to such messenger who shall as soon as practicable deliver it to the secretary of state. The county clerk of each county shall transmit to the secretary of state, within twenty days after a general election and within ten days after a special election, a list of the name and residence of each person determined by the board of county canvassers of such county to be elected member of assembly, school commissioner, and to any county office; and on or before the fifteenth day of December in each year, a certified copy of the official canvass of the votes cast in such county by election districts at the next preceding general election. The secretary of state shall obtain from the governor and comptroller such certified copies so transmitted to them, and file the same in his office. R. S., 424, L. 1842, ch. 130, tit. 5, Arts. 1, 2, 3, §§ 19-20, 22–6. Id., Id., 427, L. 1842, ch. 130, tit. 6, Art, 2, §§ 4, 5. § 137. Organization of state board of canvassers.- The secretary of state, attorney-general, comptroller, state engineer and surveyor, and treasurer shall constitute the state board of canvassers, three of whom shall be 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 meeting, and he shall forthwith attend accordingly and shall, with the other such officers attending, constitute such board. |