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5 43. The secretary of state shall enter in a book, to be ToATMor*', kept hi his office, the names of the respective county officers °»nuj* °fffi elected in this state, specifying the counties for which they cere elected, were severally elected and their place of residence, the office to which they were respectively elected, and their term of office.

TITLE VI.

OF THE ELECTION OP REPRESENTATIVES IN CONGRESS, ELEC-
TORS OF PRESIDENT AND VICE-PRESIDENT, AND SENATORS
IN CONGRESS.

Abt. 1. — Of the election of representatives in congress.
Art. 2. — Of the election of electors of president and vice-president.
Art. 3. —Of the formation and proceedings of the college of electors.
Abt. 4. — Of the election of senators in congress.

ARTICLE FIRST.

OF THE ELECTIOX OF REPRESENTATIVES IN CONGRESS.

Sic. 1. Members of congress when to be chosen. 2. Vacancy in that office.

§ 1. ^Representatives in the house of representatives of the when congress of the United States shall be chosen in the several cho6encongress districts, at the general elections held therein, in every second year, after the year one thousand eight hundred and twenty-six. .

5 2. If a representative in congress shall resign, he shall Resignaforthwith transmit a notice of his resignation to the secretary death? of state; and if a vacancy shall occur by death or otherwise in the office of a representative in congress, the clerk of the county in which such representative shall have resided at the time of his election, shall, without delay, transmit a notice of such vacancy to the secretary of state.

ARTICLE SECOXD.

OF THE ELECTION OF ELECTORS OF PRESIDENT AND VICE-PRESIDENT.

Sec. 3. Election by general ticket.

4. County clerk to make certificates.

5. Certificates how disposed of.

6. Messengers to carry statements.

1. Clerk to deliver same to messengers.
8 to 13. Duty of messengers.

14. Duty of state canvassers.

15. To determine who are elected.

16. Each elector to be notified.

17. The determination to be published.

18. Penalty for destroying certificates.

19. Penalty for neglect or corruption.

20. Pay of messengers.

§3. At the general election in November, preceding the Election by ( time fixed by the law of the United States for the choice of fSSf

nTLE * president and vice-president of the United States, there shall be elected, by general ticket, as many electors of president and vice-president as this state shall be entitled to appoint; and each elector in this state shall have a right to vote for the whole number; and the several persons to the number required to be chosen, having the highest number of votes, shall be declared and deemed duly appointed electors. Sunt? $ 4. The county clerk of each county shall make three cercierks. tilled copies of the statement of votes given for electors in his county, immediately after recording the same, and forthwith transmit, by mail, one of such certified copies to the governor, another to the secretary of state, and deliver the other as hereinafter directed, ma. g 5. One of the certified copies of such statement of votes

given in each of the several counties herein named, shall be delivered by the clerks of such counties respectively, as herein directed, on the day next succeeding that on which the canvass shall have been made, to wit: Those of the counties of Niagara, Wyoming and Orleans, to the clerk of Genesee; those of the counties of Livingston, Monroe, Wayne and Yates, to the clerk of Ontario; that of the county of Seneca, to the clerk of Cayuga; those of the counties of Cortland and Oswego, to the clerk of Onondaga; that of the county of Madison, to the clerk of Oneida; those of the coimties of Montgomery, Fulton and Saratoga, to the clerk of Schenectady; that of Chenango, to the clerk of Broome; those of the counties of Bockland, Orange, Ulster and Sullivan, to the clerk of Greene; that of the county of Eichmond, to the clerk of New York; and those of the counties of Otsego, Schoharie, Bensselaer and Albany, to the secretary of state.

Messcn- g 6. The clerks of the several coimties of Franklin, St. "m Lawrence, Chautauque, Cattaraugus, Tompkins and Suffolk, immediately after recording the electoral votes received by them, shall appoint a messenger to receive and carry the certified copies of the statements of votes given for electors, as herein directed; which appointment shall be made by the said clerks, under their seal of office. To receive g 7. Each clerk of a county having received the certified county0111 copies of the statements of the electoral votes given in any cierkB. other county, shall deliver the same to the messenger authorized to receive the certified statements of the electoral votes given in his county, and shall deliver the said last mentioned statements to the messenger authorized to receive the same when demanded.

Messenger g 8. The messenger appointed in the county of St. Lawrence rence co. shall, immediately after his appointment, receive the certified statements of the electoral votes of said county, and forthwith proceed to the offices of the clerks of the counties of Jefferson and Lewis, and receive the certified statements of the electoral votes of those counties; and within three days after his appointment, deliver the copies by him received to the clerk ABT-1 of Oneida county.

<5 9. The messenger appointed in the county of Cattaraugus In Cattaraushall, immediately after his appointment, receive the certified gU3 countystatements of the electoral votes of that county, and forthwith proceed to the clerk's offices of the counties of Allegany and Steuben, and receive the certified statements of the electoral votes of those counties; and within fifty-six hours after his appointment, deliver the certified statements by him received to the clerk of Ontario county.

§ 10. The messenger appointed in the county of Chautanque in ehautaashall, immediately after his appointment, receive the certified qae countystatements of the electoral votes of that county, and forthwith proceed with all reasonable diligence to the offices of the clerks" of the counties of Erie, Genesee, Ontario, Cayuga, Onondaga, Oneida, Herkimer and Schenectady, and receive from the several clerks the certified statements of electoral votes in those counties respectively; and such others as shall have been delivered to such clerks, as herein provided, and deliver the same to the secretary of state.

3 11. The messenger appointed in the county of Franklin J°l^TMnklln shall, immediately after his appointment, receive the certified °oim y statements of the electoral votes of that county, and forthwith proceed with all reasonable diligence to the offices of the clerks of the counties of Clinton, Essex, Warren and Washington, and receive from the several clerks the certified statements of electoral votes in those counties respectively, and deliver the same to the secretary of state.

g 12. The messenger appointed in the county of Tompkins ^ompshall, immediately after his appointment, receive the certified TMcma 1 statements of the electoral votes of that county, and forthwith proceed with all reasonable diligence to the offices of the clerks of the counties of Chemung, Tioga, Broome, Delaware and Greene, and receive from the several clerks the certified statements of electoral votes in those counties respectively, and such others as shall have been delivered to such clerks, as herein provided, and deliver the same to the secretary of state.

3 13. The messenger appointed in the county of Suffolk insuffoik shall, immediately after his appointment, receive the certified coun y' statements of the electoral votes of that county, and forthwith proceed with all reasonable diligence to the offices of the clerks of the counties of Queens, Kings, New-York, Westchester, Putnam, Dutchess and Columbia, and receive from the several clerks the certified statements of electoral votes in those counties respectively, and such others as shall have been delivered to such clerks, as herein provided, and deliver the same to the secretary of state.

;3 14. The board of state canvassers shall meet at the office nnty of of the secretary of state, on the Wednesday next after the vausere. third Monday of November, after every such election, or sooner, if all the certified copies of the statements of the

Title s. coun{y canvassers shall have been received from all the counties, to canvass the votes given for the electors of president and vice-president; and in case all the certified statements shall not have been received on that day, the board may adjourn from day to day imtil the same shall have been received, not exceeding five days; and if at the expiration of four days, certified copies of the statements of the county canvassers shall not have been received from any county, the board shall proceed to canvass upon such of the said statements as shall have been received, statement § 15. The board of state canvassers shall proceed in making or rotes. a statemeuf; Qf pji the votes, and determining and certifying the persons elected, in the manner prescribed by law in relation to the election of State officers. Duty or g 16. The secretary of state shall, without delay, cause a of"tate.y copy, under the seal of his office, of the certified determination of the board of state canvassers to be delivered to each of the persons therein declared to be elected; and for that purpose he may employ such and so many messengers as he shall deem necessary.

Pnbitca- § 17. The determination and certificate of the board of 'state canvassers in relation to the choice of electors shall be

published in the same manner as provided by law in relation to the certificates of the election of state officers, penalty for g 18. If any of the messengers shall be guilty of destroying ce'twcatls the certificates intrusted to their care, or willfully doing any &c" act that shall defeat the due delivery of them as directed by tliis act, he shall be punished by imprisonment in the state prison, at hard labor, for a term not less than three nor exceeding five years; and if any person shall be found guilty of taking away from any of the said messengers, either by force or in any other manner, any such certificates intrusted to his care, or of willfully doing any act that shall defeat the due delivery thereof, as directed by this act, he shall be punished by imprisonment in the state prison, at hard labor, for not less than t wo nor exceeding four years. For wiiirui <J 19. If any officer or messenger, on whom any duty is corrnptcon- enjoined in this act, shall be guilty of any willful neglect of duct. gucjj ddty, or of any corrupt conduct in the execution of the same, and be thereof convicted, he shall be deemed guilty of a misdemeanor, punishable by fine not exceeding five hundred dollars, or imprisonment not exceeding one year, pay of met- § 20. The messengers employed or appointed under this act, sengere. sjjav] receive for their compensation twelve cents per mile for traveling, to be audited by the comptroller upon the certificate of the secretary of state.

ARTICLE THIRD.

OF THE FORMATION AND PROCEEDINGS OF THE COLLEGES OF ELECTORS

Sec. 21. Meeting of electors.

22. Officers to be appointed.

When and how to vote.

Sic. 23. Lists of electors to be prepared. ART- 3m

24. Electors how to vote.

25. Lists of their votes to be made.

26. Messenger to be appointed.

27. To whom he is to deliver the lists.

28. Two other lists how disposed of.

29. Pay of electors.

§ 21. The electors of president and vice-president shall con- JJ^^s. f vene at the capitol on the day preceding the first Wednesday elector^0 iu December after their election, and those of them who shall be so assembled at four o'clock in the afternoon of that day, shall immediately after that hour proceed to fill, by ballot and by plurality of votes, all vacancies in the electoral college, occasioned by the death, refusal to serve, or neglect to attend at that hour, of any elector, or occasioned by an equal number of votes having been given for two or more candidates.

§ 22. The electoral college being thus completed, they shall then choose a president and secretary from their own body. tm

§ 23. The secretary of state shall prepare three lists of the Lis'of eiecnames of the electors; procure to the same the signature of the governor; affix thereto the seal of the state; and deliver them, thus signed and sealed, to the president of the college of electors, on or before the said first Wednesday in December.

§ 24. On the said first Wednesday in December, the electors shall meet at the capitol, and then and there vote by ballot for president and vice-president, one of whom at least shall not be an inhabitant of the same state with themselves. They shall name in their ballots the persons voted for as president, and in distinct ballots the persons voted for as vice-president.

§ 25. They shall make distinct lists of all persons voted for as president, and of all persons voted for as vice-president, and of the number of votes for each, which lists they shall sign and certify, and after annexing thereto one of the lists received from the secretary of state, they shall seal up the same, certifyiug thereon that lists of the votes of this state for president and vice-president are contained therein.

5 26. The electors shall then, by wilting under their hands, Messenger, or under the hands of a majority of them, appoint a person to take charge of the lists so sealed up, and to deliver the same to the president of the senate at the seat of government of the United States, before the first Wednesday in January then next ensuing.

5 27. In case there shall be no president of the senate at the ni9 dn'yseat of government on the arrival of the person intrusted with the lists of the votes of the electors, then such person is required to deliver the fists of votes in his custody into the office of the secretary of state of the United States.

§ 28. The electors are also required to forward forthwith, by othei the post-office, to the president of the senate of the United States, at the seat of government, and to deliver forthwith to the judge of the United States for the.northern district of the

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