« PreviousContinue »
York; and that I will faithfully discharge the duties of the office of inspector of elections for the
election district of the assembly district of the city of New York, according to the best of my ability; and that I am a citizen of the United States and of the state of New York, a qualified voter in the city and county of New York, and not a candidate for any office to be voted for by the electors of the district for which I am appointed an inspector." Whoever shall be appointed and sworn into office as an inspector of election shall receive a certificate of appointment from the board of police, said certificate to be in such form as shall be prescribed by the said board and to specify the assembly and election districts in and for which the person to whom the same is issued is appointed to serve, and the date of the expiration of his term of office. The inspectors of election appointed under the provisions of this chapter, shall hold office for one year, unless sooner removed for want of the requisite qualifications or for cause, in either of which cases such removal, unless made while the inspector is actually on duty, on a day of registration, revision of registration or election, and for improper conduct, as an election officer, shall only be made after notice in writing to the officer sought to be removed, which notice shall set forth clearly and distinctly the reasons for his removal. Provided that any inspector of election who shall at any time be appointed to fill a vacancy, which fact shall be stated in a certificate of appointment, shall hold office only during the unexpired term of his predecessor; and that no inspector of election or poll-clerk shall be transferred from one election district to another after he has entered upon the performance of his duties.
I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript there from and of the whole of said original law.
Secretary of State.
NEW ELECTION CODE.
CHAPTER 680 OF THE LAWS OF 1892.
AN ACT in relation to the elections, constituting chapter six of the general laws.
APPROVED by the Governor May 18, 1892. Passed, three-fifths being present.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
CHAPTER VI OF THE GENERAL LAWS.
ARTICLE I. Times, places, notices, officers and expenses of
II. Qualifications and registry of voters. (§§ 30-41.)
(§§ 50–66.) IV. Preparation of official ballots, sample ballots and instruction cards; distribution thereof to polling places. (§§ 80-89.)
V. The conduct of elections. (§§ 100-118.)
VI. County and state boards of canvassers. (§§ 130-140.) VII. Election of representatives in congress and electors of president and vice-president. (§§ 160-167.)
3. Times of opening and closing polls of elections.
5. Notices of elections by secretary of state.
6. Notice of submission of proposed constitutional amendments, or other propositions.
7. Publication of concurrent resolutions, proposed con-
8. Creation, division and alteration of election districts.
SEC. 11. Appointment of inspectors of election in cities.
12. Appointment of poll clerks and ballot clerks.
13. Ballot boxes.
14. Voting booths and guard rails.
15. Organization of board of inspectors; supplying vacancies and absences.
16. Preservation of order by inspectors at elections and at their meetings.
17. Payment of election expenses.
18. Election districts in towns including cities.
19. Transmission of election laws to clerks and election officers.
SECTION 1. Short title. This chapter shall be known as the election law.
§ 2. Date of general election.- A general election shall be held annually on the Tuesday next succeeding the first Monday of November.
R. S., 411, L. 1842, ch. 130, tit. 2, § 4.
L. 1847, ch. 240.
§ 3. Times of opening and closing polls of elections.The polls of every general election, and, unless otherwise provided by law, of every other election, shall open, if in the city of New York, at six o'clock in the forenoon; if in any other city or in the county of Westchester, at sunrise; if in a town of any other county and outside of a city, between sunrise and nine o'clock in the forenoon; and shall close, if in the city of New York, at four o'clock in the afternoon, if elsewhere, at sunset. After the polls are open, there shall be no adjournment or intermission of the election, until the polls are closed.
R. S., 411, L. 1842, ch. 130, tit. 2. § 5.
417, L. 1842, chap. 130, tit. 4, Art. 2, §§ 5, 6.
L. 1882, chap. 410 (N. Y. City Consolidation Act), § 1843.
§ 4. Filling vacancies in elective offices at general and special elections.- A vacancy occurring before October
fifteenth in any year, in an office authorized to be filled at a general election, shall be filled at the general election held next thereafter, unless otherwise provided by the constitution, or unless previously filled at a special election, or unless a special election therefor shall have been ordered to be held on or after such fifteenth day of October and before such general election.
Upon the failure to elect to any office, except governor or lieutenant-governor, at a general or special election at which the office is authorized to be filled; or upon the death or disqualification of a person elected to office at a general or special election before the commencement of his official term; or upon the occurrence of a vacancy in any elective office, which cannot be filled by appointment for a period extending to or beyond the next general election at which a person may be elected thereto, the governor shall make proclamation of a special election to fill such office, specifying the district or county in which the election is to be held, and the day thereof, which shall be not less than twenty nor more than forty days from the date of the proclamation.
A special election shall not be held to fill a vacancy in the office of a representative in congress, unless such vacancy occur on or before the first day of July of the last year of the term of office, or unless occurring thereafter and a special session of congress be called to meet before the next general election, or be called after October fourteenth of such year; nor to fill a vacancy in the office of state senator, unless the vacancy occur before the first day of April of the last year of the term of office; nor to fill a vacancy in the office of a member of assembly, unless occurring before the first day of April in any year, unless the vacancy occur in either such office of senator or member of assembly, after such first day of April, and a special session of the legislature be called to meet between such first day of April and the next general election, or be cailed after October fourteenth of such year.
If a special election to fill an office shall not be held as required by law, the office shall be filled at the next general election.
R. S., 411-12, L. 1842, ch. 130, tit. 2, §§ 6-11.
Id., 413, L. 1842, ch. 130, tit. 3, Art. 2, § 6.
§ 5. Notices of elections by secretary of state.- The secretary of state shall, at least three months before each general election, make and transmit to the county clerk of each county, a notice under his hand and official seal, stating the day upon which such election shall be held, and stating each officer, except city, village and town officers, who may lawfully be voted for at such election by the electors of such county, or any part thereof.
If any such officer is to be elected to fill a vacancy, the notice shall so state. The secretary of state shall forthwith, upon the filing in his office of the governor's proclamation ordering a special election, make and transmit to each county clerk, a like notice of the officers to be voted for at such special election in such county or any part thereof, and cause such proclamation to be published in the two newspapers published in such county having the largest circulation therein, at least once a week until such election shall be held.
Each county clerk shall forthwith, upon the receipt of either such notice, file and record it in his office. R. S., 412, L. 1842, ch. 130, tit. 3, Art. 2, §§ 2, 3
Id., 413, L. 1842, ch. 130, tit. 3, §§ 4, 5, 6.
Id., 432, L. 1842, ch. 130, tit. 8, § 5.
Id., 443, L. 1870, ch. 86.
§ 6. Notice of submission of proposed constitutional amendment or other proposition. If it is provided by law that a constitutional amendment or other proposition or question shall be submitted to a popular vote at a general election, the secretary of state shall include in his notice to the county clerk, of the general election, a copy of such amendment, proposition or question, with the forms of the ballots to be voted thereon; and if more than one such amendment,