TITLE 4. Vacancies, how sup plied. Pay of inspectors. Towns or wards not divided. Board to be formed. who shall have the highest number of votes next to the two inspectors so elected. And no ballot for inspectors shall be counted, upon which more than two names shall be contained. $22. In case any such inspectors in any town shall not be chosen or appointed, as provided for in the preceding section, or any of them shall be absent, or shall have ceased to be a resident of such district, or unable to attend and hold any election in their district, the supervisor, town clerk and justices of the peace in such town, shall meet at such time and place as shall be appointed by the supervisor, or in case of his absence or inability, or a vacancy in his office, by the town clerk, and shall designate and appoint so many electors of such election district, as shall be necessary to supply such vacancy, to be inspectors of election for such district, and shall file a certificate of such appointment in the office of the town clerk; and the persons thus appointed shall be inspectors of such election for such district. And all vacancies which may exist or occur in the office of inspector of election in any city, shall be filled by the common council of such city. $23. The inspectors assigned, elected, designated or appointed as herein prescribed, shall receive the compensation provided by law for inspectors of elections in towns or wards. S24. Every town or ward that shall not be divided into election districts according to the preceding provisions, shall constitute and be an election district in itself; and all the provisions of this act in relation to election districts, the election or appointment of inspectors of election therein, and their duties and powers, shall apply to such towns or wards and the inspectors of elections therein. TITLE IV. OF THE MANNER OF CONDUCTING ELECTIONS. ART. 1. Of the formation of the board of inspectors, and the appointment of clerks. Of the manner of voting, and of challenges. - Of the duties of the board of inspectors, and clerks of the poll. ARTICLE FIRST. OF THE FORMATION OF THE BOARD OF INSPECTORS AND THE SEC. 1. Inspectors to form a board. 2. To choose a chairman. 3. To appoint two clerks. 4. Clerks to be sworn. 5. Polls how opened and closed. 6. How long to remain open. $1. The inspectors of each election district shall meet at the time and place, when and where an election shall have been appointed to be held therein, and shall proceed to organ ize themselves as a board, for the purpose of presiding at and conducting such election. ART. 2. S2. The inspectors shall appoint one of their number chair- Chairman. man of the board, who shall administer to the other inspectors the oath of office, as prescribed by the constitution, and the same oath shall then be administered to the chairman by one of the other inspectors. 3. The inspectors, or a majority of them, having severally Clerks. taken such oath, the board shall then appoint two clerks, to be called clerks of the poll. $4. The clerks shall each take the constitutional oath of oath. office, which shall be administered to them by the chairman of the board. S 5. The poll of each election shall then be opened, and Poll opened proclamation thereof made, and of the time when the same will be closed. be kept open. $6. The poll in the several cities shall be opened at sunrise, How long to and in the several towns at any time between sunrise and nine o'clock in the morning, and shall be kept open till the setting of the sun; and no adjournment or intermission whatever shall take place until the same be closed. ARTICLE SECOND. OF THE MANNER OF VOTING, AND OF CHALLENGES. SEC. 7. Voting to be by ballot. 8. Form and contents of ballot. 9. When ballots to be separate. 10. Ballots for presidential electors. 13. Preliminary oath when challenged. 15. Refusal to answer. 16. Qualification to be pointed out. 17. Final oath to be taken. 18. Oath of a colored voter. 19. Refusal to take the oath. 20. Oath of inspector when challenged. 21. When residence shall not be lost. 22. Inspectors to keep minutes. 23. Challenge of a convict. $7. The electors shall vote by ballot; and each person Ballot. offering to vote, shall deliver his ballot, so folded as to conceal the contents, to one of the inspectors, in the presence of the board. $8. The ballot shall be a paper ticket, which shall contain Its form and written or printed, or partly written and partly printed, the contents. names of the persons for whom the elector intends to vote, and shall designate the office to which each person, so named, is intended by him to be chosen; but no ballot shall contain a greater number of names of persons, as designated to any office, than there are persons to be chosen at the election to fill such office. TITLE 4. State. Electors. Term of senators designated. Congress. desiguated. Challenge. $9. Except as otherwise provided in the subsequent subdivisions of this section, the ballots shall contain as follows: 1. The names of all the persons voted for by any elector at any election, excepting electors of president and vice-president, judges of the court of appeals, justices of the supreme court, county judges, separate officers to perform the duties of the office of surrogate, and local officers to discharge the duties of county judge and surrogate, shall be upon one ballot, which ballot shall be endorsed "State," and the names of all the persons voted for by any elector at any election for judges of the court of appeals, justices of the supreme court, county judges, separate officers to perform the duties of the office of surrogate and local officers to discharge the duties of county judge and surrogate, shall be upon one ballot, which ballot shall be endorsed "Judiciary." 2. In the counties entitled to more than one member of assembly, the name of the person voted for by any elector for member of assembly, at any election, shall be upon a separate ballot and endorsed "Assembly." 3. In the city and county of New-York, the names of all persons voted for by any elector for senator at any election shall be upon a separate ballot and endorsed "Senate." 4. In the city and county of New-York, and in the county of Hamilton, the names of all the persons voted for by any elector for representative in congress at any election, shall be upon a separate ballot and endorsed "Congress." $10. When electors of president and vice-president are to be chosen, a separate ballot shall be given for them, which shall be endorsed "Electors," and shall contain the names of persons designated by the voter giving the same, to be electors of president and vice-president, or any of them. $ 11. If at a general election there be one or more vacancies to be supplied in the office of judge of the court of appeals, justice of the supreme court, canal commissioner, or inspector of state prisons, and at the same election, one is to be elected to the same office for a full term, the term for which the person voted for is intended, shall be designated on the ballot. S 12. If at a general election for representatives in congress, any person named in a congress ballot shall be intended to supply a vacancy in the office of such representative, the ballots shall designate the congress for which each person is intended to be chosen. S13. If any person offering to vote at any election shall be challenged in relation to his right to vote at that election, by an inspector, or by any other person entitled to vote at the same poll, one of the inspectors shall tender to him the folPrelimina lowing preliminary oath: "You do swear (or affirm) that you will fully and truly answer all such questions as shall be put to you, touching your place of residence and qualifications as an elector." ry oath. ART. 1. Questions challenged. $14. The inspectors or one of them shall then proceed to question the person challenged in relation to his name; his to persons then place of residence; how long he has resided in the town or ward where the vote is offered; what was the last place of his residence before he came into that town or ward, and also as to his citizenship, and whether a native or naturalized citizen, and, if the latter, when, where, and in what court, or before what officer he was naturalized; whether he came into the town or ward for the purpose of voting at that election; how long he contemplates residing in the town or ward; and all such other questions as may tend to test his qualifications as a resident of the town or ward, citizenship and right to vote at that poll. to be re $15. If any person shall refuse to take the said preliminary Vote, when oath when so tendered, or to answer fully any questions which jected. shall be so put to him, his vote shall be rejected. tions. $ 16. After receiving the answers of the persons so chal- Qualificalenged, the board of inspectors shall point out to him the qualifications, if any, in respect to which he shall appear to them deficient. $ 17. If the person so offering shall persist in his claim to vote, and the challenge shall not be withdrawn, one of the inspectors shall then administer to him the following oath: "You do swear (or affirm, as the case may be) that you have been a citizen of the United States for ten days, and are now of the age of twenty-one years; that you have been an inhabitant of this State for one year next preceding this election, and for the last four months a resident of this county; that you have been for thirty days next preceding this election a resident of this assembly district (or senate or congressional district or districts, ward, town, village or city, as the case may be, naming any or all of the foregoing districts, ward, town, village or city from which the officer is to be chosen for whom said person offers to vote); that you are now a resident of this town (or ward, as the case may be) and of the election district in which you now offer to vote, and that you have not made any bet or wager, and are not directly or indirectly interested in any bet or wager depending upon the result of this election, and that you have not voted at this election." Oath to be challenge is taken if not withdrawn. colored "318. If the person so offering to vote be a colored man, Oath of a the following oath shall be tendered to him: You do swear man (or affirm) that you are of the age of twenty-one years; that for three years you have been a citizen of this state; that you have been an inhabitant of this State for one year next preceding this election, and during that time have been, and that you now are, seized and possessed of a freehold estate of the value of two hundred and fifty dollars, over and above all debts and incumbrances charged thereon, and have been actually rated and paid a tax thereon, and that you have been for the last four months a resident of this county; that you have been for the last thirty days next preceding this election TITLE 4. Vote, when to be rejected. Oath of inspector, if a resident of this assembly district (or senate or congressional $20. No inspector of election shall at the first election after challenged. this act takes effect, if challenged, be required in the oath administered to him to state that he is a resident of the district in which he offers to vote, if such vote is offered in the district for which he shall be appointed an inspector. Residence. Minutes respecting person challenge to be kept and filed. Challenge as a convict. S21. No person shall be deemed to have lost or acquired a residence by being a student in a college, academy, or seminary of learning; nor by living in any poor-house, alms-house, hospital or asylum in which he shall be maintained at public expense; nor by being under punishment in any prison, bridewell, or penitentiary; nor by being absent from his town or place engaged in the army or navy of the United States, or in navigating any of the waters of this state, the United States, or on the high seas; nor by being a soldier of the United States stationed at any place within this state, and without having acquired any other lawful residence. $ 22. The inspectors of election shall keep a minute of their proceedings, in respect to the challenging and administering oaths to persons offering to vote, in which shall be entered by one of them the name of every person who shall have taken the oaths prescribed by this act, or either of them, specifying in each case whether the preliminary oath, or the general oath, or both, were taken; which minute and statement shall be certified by such inspectors, and returned by them to the office at which their return of votes given at such election is made, and at the same time, and shall there be filed. The inspectors shall also direct the clerks of the polls to designate by some appropriate mark, opposite to his name, every person entered on said list who shall have taken said oaths, or either of them. $23. If the person be challenged as convicted of an infamous crime, he shall not be required to answer any questions in relation to such alleged conviction; nor shall any proof of such conviction be received, other than a duly authenticated record thereof; but if any person so convicted shall vote at any such election, unless he shall have been pardoned and restored to all the rights of a citizen, he shall be deemed guilty of a misdemeanor, and on conviction shall be imprisoned in the county jail for the term of six months. |