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ARTICLE VII.

ELECTION OF REPRESENTATIVES IN CONGRESS AND ELECTORS OF PRESIDENT AND VICE-PRESIDENT.

BEOTION 160. Representatives in congress, when and how chosen. 161. Electors of president and vice-president, when and how

to be chosen.

162. Meeting and organization of the electoral college.

163. Secretary of state to furnish college with lists of electors.

164. Vote of the electors and their list of persons voted for. 165. Appointment of messenger and his duties.

166. Other lists to be furnished.

167. Compensation of electors.

160. Representatives in congress, when and how

chosen. Representatives in the house of representatives of the congress of the United States shall be chosen in the several congressional districts at the general election held therein in the year 1892 and every second year thereafter. If any such representative shall resign he shall forthwith transmit a notice of his resignation to the secretary of state and if a vacancy shall occur in any such office the clerk of the county in which such representative shall have resided at the time of his election shall, without delay, transmit a notice thereof to the secretary of state.

R. S., 426, L. 1842, ch. 130, tit. 6, Art. 1, §§ 1, 2.

§ 161. Electors of president and vice-president, when and how chosen.- At the general election in November, preceding the time fixed by the law of the United States for the choice of president and vice-president of the United States, there shall be elected by general ticket as many electors of president and vice-president as this state shall be entitled to, and each elector in this state shall have a right to vote for the whole number, and the several persons to the number required to be chosen

having the highest number of votes shall be declared and be duly appointed electors.

R. S., 427, L. 1842, ch. 130, tit. 6, Art, 2, § 3.

§ 162. Meeting and organization of the electoral college. The electors of president and vice-president shall convene at the capitol on the second Monday in January next following their election, and those of them who shall be assembled at twelve o'clock noon of that day, shall immediately after that hour fill, by ballot, and by plurality of votes, all vacancies in the electoral college, occasioned by death, refusal to serve, or neglect to attend at that hour, of any elector, or occasioned by an equal number of votes having been given for two or more candidates. The electoral college being thus completed, they shall then choose a president, and one or more secretaries from their own body.

R. S., 428, L. 1842, ch. 130, tit. 6, Art. 3, §§ 21, 22.

L. 1889, ch. 1, § 1.

§ 163. Secretary of state to furnish college with lists of electors. The secretary of state shall prepare three lists, setting forth the names of such electors, and the canvass under the laws of this state, of the number of votes given for each person for whose election any and all votes were given, together with the certificate of determination thereon, by the state canvassers; procure to the same the signature of the governor; affix thereto the seal of the state, and deliver the same thus signed and sealed to the president of the college of electors, on the second Monday in January.

R. S., 428, L. 1842, ch. 130, tit. 6, Art. 3, § 23.

§ 164. Vote of the electors and their lists of persons voted for.- Immediately after the organization of the electoral college, the electors shall then and there vote by ballot for president and vice-president, one of whom

at least shall not be an inhabitant of the same state with themselves. They shall name in their ballots the person voted for as president, and in distinct ballots, the person voted for as vice-president.

They shall make distinct lists of all persons voted for as president, and of all persons voted for as vice-president, and of the number of votes for each, which lists they shall sign and certify, and after annexing thereto one of the lists received from the secretary of state, they shall seal up the same, certifying thereon, that lists of the votes of this state for president and vicepresident are contained therein.

R. S., 428, L. 1842, ch. 130, tit. 6, Art. 3, §§ 24, 25.

§ 165. Appointment of messenger and his duties.— The electors shall then, by writing under their hands, or under the hands of a majority of them, appoint a person to take charge of the lists so sealed up, and to deliver the same to the president of the senate, at the seat of government of the United States, before the third Monday in the said month of January.

In case there shall be no president of the senate at the seat of government, on the arrival of the person intrusted with the lists of the votes of the electors, then such person shall deliver the lists of votes in his custody into the office of the secretary of state of the United States.

R. S., 428, L. 1842, ch. 130, tit. 6, Art. 3, §§ 26, 27.

§ 166. Other lists to be furnished.-The electors shall also forward forthwith, by the post-office in the city of Albany, to the president of the senate of the United States, at the seat of government, and deliver forthwith to the judge of the United States for the northern district of the state of New York, similar lists signed, annexed, sealed up and certified in the manner aforesaid.

R. S., 428, L. 1842, ch. 130, tit. 6, Art. 3, § 28.

§ 167. Compensation of electors.- Every elector of the state for the election of a president and vice-president of the United States, who shall attend at any election of those officers and give his vote at the time and place appointed by law, shall be entitled to receive for his attendance at such election, the sum of fifteen dollars per day, together with ten cents per mile, each way, from his place of residence, by the most usual traveled route, to the place of meeting of such electors, to be audited by the comptroller upon the certificate of the secretary of state, and paid by the treasurer.

R. S., 429, L. 1842, ch. 130, tit. 6, Art. 3, § 29.

§ 168. Laws repealed. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is repealed.

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