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city election occurring next thereafter, and at such town meeting or city election, inspectors of election shall be elected for such district. If the creation, alteration or division of an election district is rendered necessary by the creation or alteration of a town, or ward of a city, it shall take effect immediately. If inspectors are not elected for such district before September first next thereafter, the town board of the town or the common council of the city shall appoint three inspectors of election of such district.

No such new town or ward shall be subdivided into election districts between the first day of September and the day of the general election next after the creation of such new town or ward.

R. S., 413, 414, 416, L. 1842, ch. 130, tit. 3, Art. 3, §§ 8, 9, 15, 16, 17, 24.

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L. 1890, ch. 262, § 23.

L. 1891, ch. 296, § 10.

§ 9. Maps and certificates of boundaries of election districts. When a ward of a city, except New York and Brooklyn, shall be divided into two or more election districts, the common council of the city shall forthwith make a map or description of such division, defining it by known boundaries, and cause such map or description to be kept open for public inspection in the office of the city clerk, and cause copies thereof to be posted in at least ten of the most public places in each election district of such ward; and shall, prior to every election, furnish copies of such map and description to the inspectors of election in each election district of such ward.

The officers creating, dividing or altering an election district in a town, shall forthwith make a certificate thereof, exhibiting the districts as so created, divided or altered, and their numbers respectively, and file the same in the town clerk's office.

R. S., 413, L. 1842, ch. 130, tit. 3, Art. 3, § 10.

R. S., 414, L. 1842, ch. 130, tit. 3, § 16.

L. 1880, ch. 437.

§ 10. Designation of places for registry and voting; provision of furniture therefor.- On the first Tuesday of September of each year, the town board of each town, and the common council of each city, except New York and Brooklyn, shall designate the places in each election district in the city or town, at which the meetings for the registry of voters and the elections shall be held during the year. Each room so designated shall be of a reasonable size, sufficient to admit and comfortably accommodate at least twenty electors at a time, outside of the guard rails. No building or part of a building shall be so designated in any city, if within sixty days before such designation, intoxicating liquors, ale or beer shall have been sold in any part thereof. No room shall be so designated elsewhere than in a city, if, within sixty days before such designation, intoxicating liquors, ale or beer shall have been sold in such room, or in a room adjoining thereto, with a door or other passageway between the two rooms. No intoxicating liquor, ale or beer shall be sold in such building in a city, or in such room or adjoining room elsewhere, after such designation and before the general election next thereafter, or be allowed in any room in which an election is held during the day of the election. If any place so designated shall thereafter and before the close of the election be destroyed, or for any reason become unfit for use, or can not for any reason be used for such purpose, the officers charged with the designation of a place for such election, shall forthwith designate some other suitable place for holding such election. Not more than one polling place shall be in the same room.

The officers authorized to designate such places in any town or city, shall provide for each polling place at each election, the necessary ballot and other boxes, guard rail, voting booths and supplies therein, and the other furniture of such polling place, necessary for the lawful conduct of each election thereat, shall preserve the same when not in use, and shall deliver all such

ballot or other boxes for each polling place with the keys thereof to the inspectors of election of each election district at the opening of the polls of each election. R. S. 415, L. 1842, ch. 130, tit. 3, Art. 3, § 18. R. S. 439, L. 1880, ch. 56, §§ 12, 17.

L. 1890, ch. 321, § 3.

§ 11. Appointment of inspectors of election in cities. Unless otherwise provided by law, the common council of each city shall appoint three inspectors of election for each election district of such city, from the voters of the district belonging to the political parties polling the highest and next to the highest number of votes at the next preceding general election. Not more than two inspectors for one district shall belong to the same political party. The term of office of each such inspector shall be one year from the time of his appointment.

R. S., 414, L. 1842, ch. 130, tit. 3, Art. 3, §§ 11, 12.
Id., 415, L. 1842, ch. 130, tit. 3, Art. 3, § 21.

L. 1890, ch. 262, § 43.

L. 1891, ch. 7, §§ 1, 2.

§ 12. Appointment of poll clerks and ballot clerks.There shall be two poll clerks and two ballot clerks in each election district, who shall be voters therein, and shall be able to read and write the English language. One of such poll clerks and one of such ballot clerks shall belong to the political party polling the highest number of votes for state officers at the next preceding general election at which state officers were elected; and one poll clerk and one ballot clerk shall belong to the political party polling the next highest number of votes for such officers thereat. At the first meeting of the inspectors of election in every district in which the law provides for the election of inspectors, the inspectors elected shall appoint one of the poll clerks and one of the ballot clerks; and the inspector appointed shall appoint the other poll clerk and ballot clerk. Such appointments shall be in writing, signed by the inspectors making the appointments respectively, and shall be filed by them with the town clerk

of the town, or the city clerk of the city in which such election district is situated. The poll clerks and ballot clerks so appointed shall hold their offices during the terms of office of the inspectors appointing them.

The term inspectors elected, as used in this section, shall include inspectors appointed to fill vacancies in the offices of inspectors authorized to be elected.

If the law provides for the appointment of all the inspectors of any election district, the authority appointing such inspectors shall appoint the poll clerks and ballot clerks of such district, for the same terms of office as the inspectors.

If at the time of any election at which poll clerks and ballot clerks are required to be present at the polling place in any election district, the office of a poll clerk or of a ballot clerk of such district shall be vacant, or a poll clerk or a ballot clerk of the district shall be absent, the inspectors of election of such district shall forthwith appoint a person to fill such vacancy; or designate a person to act in the place of such absent poll clerk or ballot clerk, until he shall appear. Each person so appointed or designated shall, before he acts as such poll clerk or ballot clerk, take the constitutional oath of office.

R. S., 416. L. 1842, ch. 130, tit. 4, Art. 1, § 3.

Id.,

438, L. 1880, ch. 56, § 1.

L. 1890, ch. 262, §§ 22, 44.

L. 1891, ch. 7, § 3.

(See Form 9, post p. 474.)

§ 13. Ballot boxes.-There shall be but one ballot box at each polling place for receiving all ballots cast for candidates for office, except for commissioners of excise in towns. If proposed constitutional amendments, or other propositions or questions, may lawfully be voted upon thereat, there shall be one ballot box at each polling place for the reception of ballots upon each such amendment or proposition or question, which shall be labeled and numbered to correspond with such amendments, propositions or questions, respectively. There

shall be at each polling place, as many other boxes as may be required by law to receive unvoted ballots. Each such ballot or other box shall be provided with a sufficient lock and key, and with an opening in the lid large enough and not larger than may be necessary to allow a single folded ballot to be easily passed through such opening into the box. Each such box shall be large enough to properly receive and hold all ballots which may lawfully be deposited therein at any election. R. S., 419, L. 1842, ch. 130, tit. 4, art. 3, §§ 24-7.

L. 1890, ch. 262, § 23.

L. 1891, ch. 296, § 10.

§ 14. Voting booths and guard rails.— There shall be in each polling place during each election, a sufficient number of voting booths not less than one for every fifty voters in the election district. Each such booth shall be at least three feet square, shall have four sides inclosed, each at least six feet high, and the one in front shall open and shut as a door swinging outwards and shall extend to within two feet of the floor. Each such booth shall contain a shelf which shall be one foot wide extending across one side of the booth at a convenient height for writing, and shall be furnished with such supplies and conveniences, including shelves, pens, ink, blotting paper, pencils and mucilage as will enable the voters to conveniently prepare their ballots for voting. Each booth shall be kept clearly lighted while the polls are open, by artificial lights, if necessary.

A guard rail shall be so constructed and placed at each polling place that only such persons as are inside such rail can approach within six feet of the ballot boxes, and of the booths. The arrangement of the polling place shall be such that the booths can only be reached by passing within the guard rail, and that the booths, ballot boxes, election officers, and every part of the polling places, except the inside of the booths, shall be in plain view of the election officers and of persons just outside the guard rail.

R. S., 439, L. 1880, ch. 56, §§ 8, 9.

L. 1890, ch. 262, § 23.

L. 1891, ch. 296, § 10.

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