Графични страници
PDF файл

appointment, deliver the copies by him received to the clerk ART- *• of Oneida county.

5 9. The messenger appointed in the county of Cattaraugus in cattamushall, immediately after his appointment, receive the certified gn9c01intystatements 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 Chautauque in uhautansball, immediately after his appointment, receive the certified qae coimty' 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 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.

5 11. The messenger appointed in the county of Franklin i» Franuin shall, immediately after his appointment, receive the certified *"""' 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.

5 12. The messenger appointed in the county of Tompkins j^0TM^ shall, immediately after his appointment, receive the certified 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.

S 13. The messenger appointed in the county of Suffolk in Suffolk shall, immediately after his appointment, receive the certified 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 Dntyof of the secretary of state, on the Wednesday next after the rasaeTM"" 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

nTLEstate of New York, similar lists, signed, annexed, sealed up,

and certified in the manner aforesaid. Pay of eieo- § 29. Every elector of this state for the election of a presitor"- dent and vice-president of the United States, who shall attend at any election of those officers, and give his vote at the time and place appointed by law, shall be entitled to receive for his attendance at such election, and for traveling to and from his place of residence by the most usual route, the same sum as shall at the time be allowed by law to members of the legislature for their attendance and -travel, to be paid in like manner.

ARTICLE FOURTH.

OP THE ELECTION OF SENATORS IN CONGRESS.
Seo. 30. Time of choosing TJ. S. senator.

31. Vacancy when to be filled.

32. How election to be conducted.

33. Evidence of the election.

chosen $ ^n *ue **rst Tuesday °f February next before the

0 09CU' expiration of the time for which any senator was elected to represent this state in congress, if the legislature shall be then in session, and if not, then within ten days after a quorum of both houses shall be assembled at the then next meeting of the legislature, an election shall be held for a senator in congress, at the place where the legislature shall be then sitting, in the room of such senator so going out of office.

vacancy. g 31. AVhenever the seat of any such senator shall become vacant before the expiration of the time for which he was elected, another senator shall be elected in his room within ten days after the legislature shall have notice of such vacancy, at the place where it shall be then sitting.

How . § 32. Such election shall be made by the legislature in the o»en. following manner: The senate and assembly shall each openly nominate one person for the office of senator in congress; after which they shall immediately meet, and if they shall agree in their nominations, the person so nominated shall be appointed to the office for which he shall be nominated; if they shall disagree, the election shall be made by the joint ballot of the senators and members of assembly.

Evidence of g 33. Whenever any senator shall be chosen as aforesaid, ec on- copies of the resolutions of the senate and assembly, testifying such choice, signed by the president of the senate and speaker of the assembly, shall be thereupon delivered to the person so chosen a senator, as evidence of such election.

TITLE Til.

PENALTY FOR VIOLATING THE PROVISIONS OF THIS CHAPTER,
AND FOR MISCONDUCT AT ELECTIONS.

Sec. 1. False Bwcaring when challenged.

2. Procuring any one to swear false.

3. Neglect of duty or corruption.

TITLE 7

Sk. 4 Bribery, Ac., of voter.

5. Militia not to be called out

6. Acts prohibited to candidates.

7. Deeeiviug an elector or changing his ballot.

8. Punishment of these offences.

9. Disobeying orders of inspectors.

10. Voting more than once, 4c.

11. Procuring illegal votes.

12. Procuring a change of residence.

13. Punishment for illegal voting.

14. Notice of offence to be given, 4a

15. Grand juries to be charged.

§ 1- If any elector challenged as unqualified, shall be guilty False of willful and corrupt false swearing or affirming, in taking 8Wcarln8any oath or affirmation prescribed by this chapter, such person shall be adjudged guilty of willful and corrupt perjury.

5 2. Every person who shall willfully and corruptly procure Procuring any person to swear or affirm falsely as aforesaid, shall be adjudged guilty of subornation of perjury, and shall, upon conviction thereof, suffer the punishment directed by the law in cases of willful and corrupt perjury.

5 3. If any officer on whom any duty is enjoined in this Neglect of chapter, or in any statute relating to elections shall be guilty uty' of any willful neglect of such duty, 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 or imprisonment; the fine in no case to exceed the sum of five hundred dollars, nor the imprisonment the term of one year.

§ 4. If any person shall by bribery, menace or other cor- Bribery, 4c nipt means or device whatsoever, either directly or indirectly, attempt to influence any elector of this state in giving his vote or ballot, or deter him from giving the same, or disturb or hinder him in the free exercise of the right of suffrage, at any election within this State, held pursuant to this chapter, and shall thereof be convicted, such person so offending and convicted shall be adjudged guilty of a misdemeanor, and be fined or imprisoned, according to the discretion of the court before which such conviction shall be had; such fine in no case to exceed five hundred dollars, nor such imprisonment one year.

5 5. If any officer or other person shall call out or order JJjJI'jf °rnt any of the militia of this state, to appear and exercise on any Kbited!"0* day during any election to be held by virtue of this chapter, or within five days previous thereto, except in cases of invasion or insurrection, he shall forfeit the sum of five hundred dollars for every such offence.

5 6. It shall not be lawful for any candidate for any elective Prohibition, office, with intent to promote his election, or for any other person, with intent to promote the election of any such candidate, either,

i. To provide or furnish entertainment at his expense, to Against enL —19

« ПредишнаНапред »