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separate $ 7. They shall make a separate statement containing the statements whole number of votes given in such county for the office of
governor, lieutenant-governor, judge of the court 6f appeals,
justice of the supreme court, clerk of the court of appeals, secretary of state, comptroller, treasurer, attorney-general, state engineer and surveyor, canal commissioner, inspector of state prisons, senator in each district, and representative in congress in each district or any or either of them; the names of the persons for whom such votes were given, and the number of votes given for each; another, of the votes given for all county officers, any or either of them; another, of the votes given for member of assembly, in each assembly district; and another, of the votes for electors of president and vicepresident; and another, of the votes given for any proposed amendment to the constitution. No. of votes S 8. In such statements, the whole number of votes given wr?t"cTaets m each town and district, the names of the candidates, and length. tlie number of votes given to each, shall be written out in
words at full length. How certl <5 9. Each statement shall be certified as correct, and attested by the signatures of the chairman and secretary of the board; and a copy of each, thus certified and attested, shall be delivered to the county clerk, to be recorded in his office. Members of § 10. Upon the statement of votes given for members of and'emmty assembly and county officers, the board shall proceed to deteromcer*. mine what person or persons have, by the greatest number of votes, been duly elected to each of the offices mentioned in each statement.
cony to be $ 11. The board shall cause a copy of every7 such deterPu isheo. mmation, an(| 0f flje statement upon which it shall be made,
to be published in one or more of the newspapers printed in
ir an m- § 12. If any one of the supervisors or assessors appointed not attend to attend the county canvass shall be miable to attend the at board, meeting of the board on the day appointed for such meeting, he shall, on or before that day, cause to be delivered at the ofiice of the county clerk the original statement of the votes of his town or ward. Dntyot* § 13. If on that day a majority of the county canvassers atteadT110 shall not attend, or the statements of the votes from every district in the county shall not be produced, the canvassers then present shall adjourn to some convenient hour of the next day.
iota. g 14. At that hour they shall again meet, and the canvassers
then attending, although less than a majority of the whole, shall organize themselves as a board, and upon the statements, or certified copies thereof, then produced, shall proceed to estimate, state and certify the votes of the county, in the manner before directed. Statements § 15. If upon proceeding to canvass the votes, it shall clearly omiMioM, appear to the canvassers that in any statement produced to
them, certain matters are omitted in such statement, which . ART \ should liave been inserted, or that any mistakes winch are returned to clerical merely exist, tbey shall cause the said statement to be ecorrecte sent by one of their number, (who they shall depute for that purpose,) to the town or ward inspectors, and town or ward canvassers of the town or ward from whom they were received, to have the same corrected; and the said canvasser so deputed shall immediately proceed and give notice to the said town or ward inspectors and canvassers, whose duty it shall be forthwith to assemble together and make such correction as the facts of the case require; but such town or ward inspectors and canvassers shall not at such meeting change or alter any decision before made by them, but shall only cause their canvass to be correctly stated; and the board of county canvassers are authorized to adjourn from day to day, for the purpose of obtaining and receiving such statement, such adjournment not to extend beyond three days.
OF THE DUTIES AND PROCEEDINGS OP THE COUNTY CLERK.
Sec. 16. Clerk to deliver statements.
17. To send special messengers.
18. To record the statements.
19. To prepare copies.
20. To transmit to governor, 4c.
21. To deliver copies to persons elected.
22. To send list to secretary of state.
3 16. The county clerk shall deliver to the board of county cierk to canvassers, all the certified statements of the votes taken in statements., each town or ward at the next preceding election that shall have been received at his office.
g 17. If on the day appointed for the meeting of the board To procure of county canvassers, the board shall not have been organized, ^wedW owing to a deficient return of the votes of the county, the himcounty clerk shall by a special messenger, or otherwise, obtain necessary statements or certified copies thereof, in time to be produced to the board at their next meeting.
;3 18. The county clerk shall record in his office all the state- To record ments and certificates, that shall have been delivered to him Bta;ementsby the county board of canvassers, and shall keep a proper book for that purpose.
3 19. Of the statement and certificate of the votes for the To prepare, office of governor, lieutenant-governor, judges of the court threec°PIe» of appeals, justices of the supreme court, clerk for the court of appeals, secretary of state, comptroller, treasurer of the state, attorney-general, state engineer and surveyor, canal commissioners, inspectors of state prisons, senators and representatives in congress, or either of them, he shall prepare three certified copies under his signature, and sealed with his seal of office.
Toteansmit S 20. Within five days after the adjournment of the board 'ovcrnor10 °^ county canvassers, the county clerk shall deposit in the fwreury' nearest post-office, directed to the governor, to the secretary troller. of state, and to the comptroller, each, one of the certified
copies of the statement and certificates of votes, so prepared
To deliver g 21. He shall prepare as many certified copies of each tEt°eftoer' certificate of the determination of the board of county cancounty ofli- vassers, as there are persons declared to be elected in such certificate, and shall, without delay, deliver one of such copies to each person so elected. List to be § 22. He shall transmit to the secretary of state, within reuryof*0" twenty days after a general election, and within ten days after state. a special election, a list of the names of the persons elected in the county as members of assembly, and also a list of the names of all persons elected to any county office at such election, with the places of their residence respectively.
OF THE DUTIES OP THE SECEETABT OF STATE PBEVIOTJS TO THE MEETING
Sec. 23. Secretary to file statements.
24. When to send special messengers.
25. Duty of county clerk thereon.
26. Duty of messengers.
27. Meeting of state canvassers.
28. Notice to mayor, &c, of Albany.
certified S 23. It shall be the duty of the secretary of state to file in
toabe'fl?cd3 his office) the certified statements received by him from a
lysecre- county clerk; and to obtain from the governor and comp
ar>' troller, every such certified statement received by either of
them, and to file the same in his office.
To »end $ 24. If from any county from which such statement shall
special t)6 ,iue none shall have been received or obtained by him, on
messengers' v *
derk" or before *ue ^ast ('av °* November next after a general elec° r tion, and within twenty days after a special election, he shall
dispatch a special messenger to obtain such statement from
the clerk of such county. Duty of § 25. Such clerk shall immediately, on the demand of such clerks. messenger, made at his office, make out and deliver to such
messenger the statements required. Dnty of § 26. The messenger shall deliver to the secretary of state, messengers ^ soon as may ^ ay gucu statements as he shall receive, to
be filed and recorded as aforesaid, secretaryto § 27. The secretary of state shall appoint a meeting of the canvassers? state canvassers to be held at his office, or that of the treasurer
or comptroller, on or before the fifteenth day of December
after each general election, and within forty days after a
Secretary to % 28. If a majority of those officers shall be unable or shall canvassers8, fail to attend on the day appointed, he shall give notice to the mayor and recorder of the city of Albany, that their A' attendance is required.
OF THE FORMATION AND PROCEEDINGS OF THE BOARD OF STATE
Sk. 29. Board of state canvassers.
30. When mayor, Ac., of Albany to be part.
31. Board how to proceed.
32. To determine and declare result
33. To make certificate thereof.
34. Dissent of a canvasser.
35. Protest of a canvasser.
36. Dissent and protest to be filed.
37. Board may adjourn from day to day.
§ 29. The secretary of state, comptroller, surveyor-general, B^*"^" attorney-general and treasurer, shall be the state canvassers; compo8 three of whom shall be a sufficient number to form a board. After the present year the state engineer and surveyor shall be one of the state canvassers in the place of the surveyorgeneral.*
§ 30. If a majority of those officers shall be unable, or n>. shall fail to attend, the mayor and recorder of the city of Albany, being notified by the secretary of state, shall attend without delay, and, with the officers attending shall form the board.
§ 31. The board when thus formed shall, upon the certified How to procopies of the statements made by the boards of county canvassers, proceed to make a statement of the whole number of votes given at such election for the office of governor and lieutenant-governor, or either of them; another statement, of the votes given for the office of senator; and another, of the votes given for representative in congress; another, of the votes for judges of the court of appeals; another, of the votes for justices of the supreme court; another, of the votes for the clerk for the court of appeals; another, of the votes for secretary of state; another, of the votes for comptroller; another, of the votes for state treasurer; another, of the votes for attorney-general; another, of the votes for state engineer and surveyor; another, of the votes for canal commissioners; and another, of the votes for inspectors of state prisons; each of which statements shall show the names of the persons to whom such votes shall have been given for either of the said offices, and the whole number of votes given to each; distmguishing the several districts and counties in which they were given. They shall certify such statements to be correct, and subscribe the same with their proper names.
3 32. Upon such statements they shall then proceed to To deterdetermine and declare what persons have been by the greatest declare pernumber of votes duly elected to such offices, or either of them. Bonselected
"• The last paragraph added by Laws of ch. 840.
<5 33. They shall make and subscribe on the proper statement, a certificate of such determination, and shall deliver the same to the secretary of state.
§ 34. If any one of the canvassers shall dissent from a decision of the board, he shall state at large, in writing-, the reasons of such dissent.
<$ 35. If any of the acts or proceedings of the board shall appear to any one of the canvassers to be illegal or irregular, such canvasser shall protest against the same in writing, setting forth distinctly the grounds of his protest.
g 3(5. The canvasser so dissenting or protesting, shall deliver Ids dissent or protest, signed with his proper name, to the secretary of state, who shall file the same in his office.
<§ 37. The board shall have power to adjourn from day to day, for a term not exceeding five days.
To record proceedings of state can
To transmit copy to each person elected.
To publish copy.
General certificate of members of Congress.
Of members to supply vacancies.
OF THE SUBSEQUENT DUTIES OF THE SECRETARY OF STATE.
Sec. 38. Statements to be recorded.
39. Copies to be sent.
40. And to be published.
41. Certificate to members of congress.
42. In case of a vacancy.
43. Names of county officers to be recorded.
§ 38. He shall record in his office, in a book to be kept by him for that purpose, each certified statement and determination which shall be delivered to him by the board of state canvassers, and every dissent or protest that shall have been delivered to him by a canvasser.
§ 39. He shall, without delay, transmit a copy, under the seal of his office, of such certified determination to each person thereby declared to be elected, and a Idee copy to the governor.
<§ 40. He shall cause a copy of such certified statements and determinations to be printed in one or more of the public newspapers in each senate district, if any shall be published therein.
§ 41. He shall prepare a general certificate under the seal of this state, and attested by him as secretary thereof, addressed to the house of representatives of the United States, in that congress for which any person shall have been chosen, of the due election of the persons so chosen at each election, as representatives of this state in congress; and shall transmit the same to the said house of representatives, at their first meeting.
§ 42. If either of the persons so chosen at such election shall have been elected to supply a vacancy in the office of representative in congress, it shall be mentioned by the secretary in the statements and certificates to be prepared by