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. ballots and cards. § 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 independent 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. of error. § 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. labels. § 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. tion of § 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. election § 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 Voting. Disabled voters. Instruc tion of voter within machine. Time of voting. Proceedings at close of polls. 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 assistant who shall be admitted to the ballot machine with him, provided he shall have been duly registered as a disabled voter pursu ant 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 machine 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. vote. 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 name 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 counting compartment. clerk. § 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. law appli § 17. All provisions of the election law, not inconsistent with Election this 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. Chap. 450. AN ACT relating to the use of voting machines. Became a law May 17, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and sioner to machines. 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. tion and report to § 2. Any person or corporation owning or being interested in any Examinavoting machines may call upon the said commissioners to examine 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 secretary of state. Presentation of bill to legislature. accuracy and efficiency, and with respect to its mechanical perfec- § 3. Any person or persons who shall hereafter present to the Bite 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. Election districts. Fees and expenses § 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 sioner. Commis fees and expenses of said commissioners in making said examina- § 6. No person, while holding the office of commissioner under to be inter- this act, shall have any pecuniary interest in any voting machine. sioners not ested. § 7. This act shall take effect immediately. Chap. 451. AN ACT to amend chapter four hundred and forty-six of the laws Became a law May 17, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and amended. Section 1. Section twenty-six of title one of chapter four hun- Act dred and forty-six of the laws of eighteen hundred and seventy-four is hereby amended to read as follows: tion into criminal prisoners, § 26. If any person in confinement under indictment or under Investigasentence of imprisonment, or under a criminal charge, or for want sanity of of bail for good behavior, or for keeping the peace, or for appearing etc. as a witness, or in consequence of any summary conviction, or by order of any justice, or under any other than civil process, shall appear to be insane, the county judge of the county where he is confined shall institute a careful investigation, call two legally qualified examiners in lunacy, neither of whom shall be a physician connected with the institution in which such person, so to be examined, is confined, and other credible witnesses, invite the district attorney to aid in the examination, and if he deem it necessary, call a jury, and for that purpose is fully empowered to compel the attendance of witnesses and jurors, and if it be satisfactorily proved that he is insane, said judge may discharge him from imprisonment and order his safe custody and removal to a state asylum, where he shall remain until restored to his right mind, and then the superintendent shall inform the said judge and district attorney, so that the person so confined may, within sixty days thereafter, be remanded to prison and criminal proceedings resumed or otherwise discharged, or if the period of his imprisonment shall have expired, he shall be discharged. When such person is sent to an asylum, the county from which he is sent shall defray all his expenses while there, and of sending him back if returned, but the Vol. I 75 |
