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§ 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 fill 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."
Electors. <§ 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. Term of § 11. If at a general election there be one or more vacancies designated, to be supplied in the office of judge of the court of appeals, justice of the supreme court, canal commissioner, or ins]>ector 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.
Congress. § 12. If at a general election for representatives in congress, designated. aQy person named jn 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, challenge. § 13. 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 folrrdimina- 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."
§ 14. The inspectors or one of them shall then proceed to Q^^Tons question the person challenged in relation to his name; his ^IfeS 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.
3 13. If any person shall refuse to take the said preliminary J°H^ea oath when so tendered, or to answer fully any questions which jected. shall be so put to him, his vote shall be rejected.
5 10. After receiving the answers of the persons so chal- $TM"flca' lenged, 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 °3JJnt^be vote, and the challenge shall not be withdrawn, one of the challenge u inspectors shall then administer to him the following oath: drawn.
"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 mouths 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."
"5 18. If the person so offering to vote be a colored man, oath or & 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 *. a pggjjgnt 0f 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.'"
vot*, when § 19. If any person shall refuse to take the oath so ten
jected. dered, his vote shall be rejected.
oath of in- § 20. No inspector of election shall at the first election after Kenged. 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. § 21. 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. Minutes re- § 22. The inspectors of election shall keep a minute of their person chal- proceedings, in respect to the challenging and administering tonoe'kcpt" oaths to persons offering to vote, in which shall be entered by and nied. olie 0f 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.
Challenge <$ 23. If the person be challenged as convicted of an infavict.°°n" mous 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.
ARTICLE THIRD. ART *•
OF TOE DUTIES OF THE BOAKD OF INSPECTORS AND CLEBKS OF THE POLL.
8k. 24. Ballot boxes how marked.
25. Separate boxes, in certain casea. 16. To be kept locked.
27. An opening for the ballots.
28. Ballots to be deposited.
29 4 30. Poll lists and their contents.
31. Inspectors when to challenge.
32. To preserve order.
33. To commit disorderly persons.
34. Commitment by whom executed.
g 24 At each annual and special election the inspectors Baiiot shall provide and keep a box in which all ballots required to be endorsed "State," as directed in the ninth section of this title, shall be deposited; also a box in which all ballots which are required by said ninth section to be endorsed "Judiciary," shall be deposited; also, in the proper counties, a box in which all ballots which are required by said ninth section to be endorsed "Assembly," shall be deposited; also a box in which all ballots which are required by said ninth section to be endorsed "Senate," shall be deposited; also a box in which all ballots which are required by said ninth section to be endorsed "Congress," shall be deposited.
§ 25. When electors of president and vice-president are to n>. be chosen, or amendments of the constitution proposed, separate boxes shall in like manner be provided, in which shall be deposited the ballots for such electors, and on such proposed amendments.
3 26. Each box shall be provided with a sufficient lock, and n>. shall be locked before the opening of the poll, and the keys thereof delivered to one of the inspectors, to be appointed by the board, and shall not be opened during the election, except in the manner and for the purposes hereinafter mentioned.
3 27. An opening shall be made in the lid of each box, not n. larger than shall be sufficient for a single closed ballot to be inserted therein at one time, through which each ballot received, proper to be placed in such box, shall be inserted.
3 28. When the board shall have finally received the ballot Baiiote of an elector, one of the inspectors, without opening the same, deP°Blte<L or permitting it to be opened or examined, shall deposit it in the box corresponding in title with the endorsement of the ballot,
S 29. Each clerk of the poll shall keep a poll list, which shall Poinuue. contain one column headed " Names of voters," and so many additional columns as there are boxes kept at the election. The heading of each additional column shall correspond with the name of one of the boxes so kept.
5 30. The name of each elector voting shall be entered by n>. each clerk in the column of his poll list, headed "Names of voters;" and when there shall be more than one box kept, L —17
Title 4. 0pp0gjj-e sncj1 name shall be written the figure 1, in each remaining column of such poll list, corresponding in its heading with the name of a box in which a ballot of the elector shall have been deposited, inspectors § 31. It shall be the duty of each inspector to challenge toe aiicnge every pejgon offering to vote, whom he shall know or suspect
not to be duly qualified as an elector. To preserve § 32. The board of inspectors shall possess full authority to maintain regularity and order, and to enforce obedience to their lawful commands, during an election, and during the canvass and estimate of votes, after the closing of the poll; and shall have full authority to preserve peace and good order at and around the polls of the election, and to keep the access thereto open and unobstructed; and may appoint one or more electors to communicate their orders and directions, and to assist in the performance of the duties in this section enjoined.
ib- <§ 33. If any person shall refuse to obey the lawful command
of the inspectors, or by disorderly conduct in their presence or hearing shall interrupt or disturb their proceedings, they may make an order directing the sheriff, or any constable of the county, to take the person so offending into custody, and detain him until the final canvass of the votes shall be completed; but such order shall not prohibit the person so taken into custody from voting at such election.
Id. <§ 3L Such order shall be executed by any sheriff or con
stable, to whom the same shall be delivered; or if none shall « be present, by any other person deputed by such board in writing.
OF THE CANVASS AND ESTIMATE OF THE VOTES BY THE BOAED OF
Seo. 35. Canvass, when to be made.
36. Poll lists to be compared.
37. Ballots to be counted.
38. When found in the wrong box.
39. Excess to be destroyed.
40. Canvass and estimate of votes.
41. Excess to be destroyed.
42. Statement of result.
43. Like of presidential electors.
44. Form of statement.
45. Copy to be filed.
46. Poll lists to be filed.
47. Ballots to be destroyed.
48. Statements given to supervisor.
Canvass, § 35. As soon as the poll of an election shall have been howninaae. finally closed, the inspectors of the said election, in their several districts, shall proceed to canvass the votes. Such canvass shall be public, and shall not be adjourned or postponed until it shall have been fully completed.