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blems and colors.

be nominated for the same office by any party and also by inde. pendent nomination, his name shall be printed upon the ballot of the party, or in the list of independent nominations, the certificate of which shall first be filed as required by law; provided, however, that such nominee may, within two days after his second nomination, by a written instrument, acknowledged as deeds are required to be acknowledged for record, and filed with the county clerk of the county, require his name to appear in the column or horizontal line of some other party so nominating him, and the county clerk shall prepare his ballot accordingly, and the ballot of the other party or parties which shall have nominated him shall be left black for that office, and the corresponding push-knob or push. knobs or levers shall be capped or otherwise arranged so as to be inoperative. If two or more officers are to be elected to the same

office for different terms, the term for which each is nominated Party emshall be designated on the ballot. The ballot captions and ballots

of the several political parties or other nominating bodies, and those for and against constitutional amendments or other propositions or questions, shall be distinguished from each other by distinctive colors, and the ballot captions shall contain thereon the party emblems as provided by section fifty-six of chapter eight

hundred and ten of the laws of eighteen hundred and ninety-five. Separate. In addition to the push-knob or lever and the ballot for each candi

date, such ballot machines may also provide in each column or horizontal line of the party nominations a separate push-knob or

lever to vote a ballot printed in plain, large type“ straight ticket." Presiden. In presidential elections such ballot machines may provide in each

column or horizontal line of party nominations a separate pushknob or lever to vote a ballot for all the presidential electors

nominated by such party. Providing § 4. The county clerk of the county shall provide at the expense

of the county, the requisite number of ballots, ballot captions, counter labels and instruction cards for each polling place, in such town and city for each election to be held thereat, except for town meetings, village elections, and the election of school officers not held at the same time as the general election in which latter case the clerk of such village, town or school district shall provide at the expense of said village, town or school district the requisite number of ballots, ballot captions, counter labels and instructioa

cards for each polling place. The ballots, ballot captions, counter and open labels and instruction cards shall be printed and in possession of

the clerk charged with the duty of providing them and open to the

push-knob for straight ticket.

tial elections.

ballots, etc.

When printed and open to inspection.

ballots and

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public inspection four days before every election, except in case of a town meeting, village election, or election of school officers not held at the same time as the general election, in which case they shall be so printed and open to public inspection two days before such election.

§ 5. Four sample ballots of each kind shall be provided for each Sample polling place, and four instruction cards printed in such other lan- instruction guage or languages as the common council or the town board may prescribe, shall be provided for each polling place, together with four complete sets of ballot captions. The ballot captions and ballots shall be duplicates of those used upon the machine, and the instruction cards shall be printed in clear type so as to be easily read. The instruction cards shall state the prescribed colors and emblems of the party ballots, and of the ballots of in. dependent nominees, and shall give a summary of the laws punishing violations of the election law and full instructions for the use of said ballot machines.

$ 6. The county clerk or other officer having charge of the Correction printing of the ballots, ballot captions and instruction cards, shall on his own motion, correct any error therein upon discovery thereof, which can be corrected without interfering with their distribution and use at the election.

$ 7. Counter labels shall be of cardboard or heavy paper of the Counter same length, width and colors as the ballots, and shall be so placed on the machine as that the registering counter for each push-knob or lever shall show the number of ballots cast for the candidate whose name is printed upon said counter label.

§ 8. The clerk charged with the duty of providing ballots, ballot Distribucaptions, counter. labels and instruction cards, shall, on Saturday ballots, etc. before the election at which they are to be used, deliver to the clerk of each town and city in the county, the ballots, ballot captions, counter labels and instruction cards required for each polling place in such town or city.

$ 9. The inspectors of election and poll clerks shall meet at their Duties of respective polling places in each election district, thirty minutes officers. before the time of opening of the polls therein. After the election of one of their number as chairman, they shall post the instruction cards and sample ballot captions, and shall, if the same has not already been done, adjust and secure within the frames upon the keyboard, the ballot captions and ballots in the presence of the official. watchers. The inspectors shall then fully open the doors


tion of



Disabled voters.

of the counting compartment in the presence of the inspectors and watchers, and shall thereupon push the push-knobs or levers on the balloting side of the machine until all the counter dials register at zero. The counting apparatus shall then be locked.

§ 10. After the polls shall have been duly opened the voters shall pass through the opening in the outer guardrail singly or in single file to the inspectors' table. If the voter shall be found entitled to vote, one of the inspectors shall admit him to the ballot machine through the entrance.

§ 11. Any voter who shall be totally blind or without the use of either hand sufficiently to push the knobs or levers, or who shall be physically unable to enter or leave the ballot machine without assistance, may choose from the inspectors or poll clerks an assist. ant who shall be admitted to the ballot machine with him, provided he shall have been duly registered as a disabled voter pursuant to section one hundred and five of chapter eight hundred and ten of the laws of eighteen hundred and ninety-five; but intoxication or illiteracy shall not be regarded as a physical disability. The inspector or poll clerk selected by the voter shall not in any manner request nor seek to persuade or induce such voter to vote any particular ballot, or for any particular nominee, amendment, question or proposition, and shall not reveal for whom such disabled voter voted.

$ 12. In case any voter after entering the ballot machine shall ask for further instructions concerning the manner of voting, two inspectors of opposite political parties shall stand outside the ma. chine and give such directions to the voter as they two may agree upon, except that under no circumstances shall either of them give advice as to voting for any particular nominee, amendment, question or proposition.

§ 13. No voter shall remain within the ballot machine longer than one minute, and if he shall refuse to leave the said machine after the lapse of one minute, he shall be removed by the inspectors.

$ 14. As soon as the polls are closed the ballot machine shall be locked against voting, and the counting compartment opened in the presence of the watchers and all other persons who may be lawfully within the room, or voting place, giving full view to the dial numbers announcing the votes cast for each candidate, and for or against the various constitutional amerdments, questions or other propositions.

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of election.

§ 15. The inspectors shall then add together the votes cast for Canvass of each candidate upon the straight tickets, if any, and the votes cast for such candidates by reason of the push-knob or lever bearing the uame of that candidate, and officially and publicly announce the total vote for each candidate thus ascertained. Before leaving Statements the room or voting place, and before closing and locking the counting compartment, the inspectors shall make and sign written statements of election required by section one hundred and fifteen of chapter eight hundred and ten of the laws of eighteen hundred and ninety-five, except that such statements of the canvass need not contain any ballots, official or defective. The written statement so made, after having been signed by the inspectors, shall be read in the hearing of all persons present and ample oppor. tunity given to compare the results so certified, with the counter dials so exposed to public view. After such comparison and correction, if, any, are made, the inspector shall then close the count. ing compartment.

$ 16. No ballot clerk shall be elected or appointed in any town Ballot or city that shall have adopted the use of the ballot machine. § 17. All provisions of the election law, not inconsistent with Election

law applithis chapter, shall apply with full force to all towns and cities cable. adopting the use of ballot machines.

§ 18. This act shall take effect immediately.

sioner to

Chap. 450.
AN ACT relating to the use of voting machines.
Became a law May '17, 1897, with the approval of the Governor.

Passed, three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

Section 1. Within thirty days after the passage of this act, the Commisgovernor shall appoint three commissioners, one of whom shall be examine an expert in patent law, and two of whom shall be mechanical experts. The said commissioners shall hold office for the term of five years, subject to removal, at the pleasure of the governor.

§ 2. Any person or corporation owning or being interested in any Examinavoting machines may call upon the said commissioners to examine report to the said machine, and make report to the secretary of state upon the capacity of the said machine to register the will of voters, its


tion and report to secretary of state.


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accuracy and efficiency, and with respect to its niechanical perfections and imperfections. In their report the said commissioners shall certify whether, in their opinion, the said machine can be safely used by the voters at the elections to be held within this state, and whether in their opinion the legislature ought to legalize the adoption thereof. The said commissioners may also certify and report as to the number of voters which said machine can safely and prudently accommodate within the hours specified by

law for the holding of an election. Presenta- 3. Any person or persons who shall hereafter present to the

th legislature any bill to legalize the adoption of any voting machine may present with said proposed bill a certified copy of the report of said commissioners so filed with the secretary of state upon the machine so proposed to be legalized.

§ 4. In cities or towns using or adopting any voting machine, the officers charged by law with the duty of subdividing said cities or towns into election districts may make such subdivision in accordance with a report of said commissioners as to the number of voters which the machine so reported upon will safely and prudently accommodate in each election district.

§ 5. The person or persons applying to the said commissioners of commis- for the examination and reports herein provided for, shall pay the

fees and expenses of said commissioners in making said examina. tion, not exceeding however, the sum of one hundred fifty dollars to each commissioner as compensation for the examination of and

report upon any one machine. Commis- $ 6. No person, while holding the office of commissioner under to be inter- this act, shall have any pecuniary interest in any voting machine.

§ 7. This act shall take effect immediately.

Election districts.

Fees and expenses


sioners not


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