CODE OF ELECTION LAWS OF THE State of New York, AS Enacted by the Legislature of 1890, \vn H NOTES, FORMS AND INSTRUCTIONS. ALBANY: THE ARGUS COMPANY, PRINTERS. 1890. / r,r. K. 1 s, / P ©fficc of ^ccvctax'ij of Jifatc, ^ Albany, N. Y., June 2, 1890. 1 ( This code of the laws relating to the registration of voters and election laws is issued pursuant to chapter 325, Laws of 1890, and is intended for the guidance of officers in the administration of the election and registration laws, passed by the Legislature of 1890, and approved by the Governor. In addition to specific instructions intended for election and registration officials, forms of certificates required to be issued and filed in public offices, and notices to be issued and posted for the guidance of voters, are given. FRANK RICE, • V Secretary of State, \ii* ■',. m P ;.. ..;fs t V'-f.. _':V^ •- '/:^ "■: ■-‘^‘' ' " V *••••• .f ' ‘j* Z ••' • ' > * . < 'T * '• ’ f • . 7-‘'. 'vr . r.-’-' ^ ' ■ • ' r' ' • •' f- ,‘. , ^ /, : ,1 .'.I ■:'<*/ ‘ ' y'. ■ . . .■* r • i • ' ..r ' -t, . -v ■■ 1./1- v-’-'^ '.I. ''t. .:' 5v • I/' • w,.‘- V-'feVV ■. C- ■■ ■:•' .V-' ■ I * r; • >' t ■ - •'■ '•■ •vt-y j ' ■ n*} ' V , ' * .« * ; '« »,< * •; . tf- • “ ■; 1 '■ r v'V ' V •’ . ■ 't •'• >' ^ .^f . ‘ V-’ I’* y ■ ■■ . '■‘hm ■ -' .‘M -•A ,''. 'I' A A^iW •■ A '.4 m:; -: f‘:': : h :\^ A . . V ,. • “ • • * -L SA^ iV* s ir->i 4 r , ^ 'Hi ' s ■ y i [J. • *, IV ‘,1 V ^.iii x ■ ' Va'v-I.'., *■■'-;■• ^ 't: m 'if " I Diagram of Doom, Eightekn p.y Tm'enty Feet, • Illustrating Location of Five Booths for Poll of Tm*o Hundred and Fifty Voters, m'ith Location of Election Officers. C — Table, Clerks of Election. D D — Yotins: booths. E — Guard rail (six feet distance from either voting booth or Inspectors of Election). S S S — Inspectors of Election. P P — Ballot Clerks. W W — Clerks of Election. X X X —Challengers (in plain view of all the election officers and booths). N — Entrance through guard-rail. Ballot —Official Size — Open — Showing Nuniher on Stub and Indorsement. CO xjH CM o ^ ^ 2 Eh o EH o 1-^ Eh pq GO O O Ph Ph 00 o f=H ^ pp Ph F=P O PP £ PP O S Eh ^ 'I Clerk of Tariff County. Ballot—Official Size —Open—Sliowin^ Names of Candidates. O > c O A o (/} a; E=; c O 1 I 1 y} S fcH .2 w * . rC^ Q h-i riri r -1 ai S-^ o s cc O (-H « 1Z5 !/D O I \ For Associate Judge of tlie Court of Appeals, Ballot —Official Size—First Fold Lengtliwise. Ballot—Official Size—Second Fold Crosswise. Eacli olficial ballot shall be of uniform size and of uniform j\apcr in color and quality. It shall bo six inches wide and of uniform length at 'ach poll in eacli county. It shall have a perforated line running across the top so as to leave the space therein above said line one inch wide. Idle official ballot shall be folded first, lengthwise up to the pcirforahnl line across the top ; second, then folded crosswise. iL-^':'» • , ■ ^ ► ,t/s V '■' \ :: f , V'-, -. - , -3 -J- . ■ . > f; •. ^ . -■ k — ' ‘A Election Laws of 1890. Clnapter 262. AX ACT TO Promote the Independence of Yotees at Public Elections, Enforce the Secrecy of the Ballot, AND Provide for the Printing and Distribution of Ballots at Public Expense. Approved by the Governor May 2, 1890. Passed, tliree-fifths being present. The Peojyle of the State of JTew Yort\ Tejyresented in Senate and Assernhlij, do enact asfolloios: Section 1. All ballots cast in elections for public office within this State shall he printed and distributed at piildic expense. The printing of ballots and cards of instruction for the voters in each countj, and the delivery of the same to the clerks and election officers, as hereinafter provided, shall be a county charge, the payment of which shall be provided for in the same manner as the payment of other county expenses; hut the expense of printing and delivering the ballots and cards of instruction to be used in local elections shall be a charge upon the city, town or village in which sucli local election shall be held. § 2. Any convention or primary meeting, as hereinafter defined, held for the purpose of making nominations to public office, and also voters to the number hereinafter specified, may nominate candidates for public office to be filled by election within the State. A convention or primary meeting within the meaning of this act is air organized assemblage of voters or delegates representing a political party which, at the last elec¬ tion before the holding of such convention or primary meeting, E^^ense of printing and distri¬ bution of ballots, etc. Nomination of candi¬ dates by party organ izations. 12 Election Laws of 1890. Chap. 262. Certificates of nomina¬ tion. How exe¬ cuted and verified. Certificate made by committee. Certificates, where to be filed. polled at least one per centum of the entire vote cast in the State, county or other division or district for which the nomination is made. A committee appointed by any such convention or primary meeting may also make nominations to public office when authorized to do so by resolution duly passed by the convention or meeting at wliich such committee was appointed. § 3. All nominations made by such convention, committee or primary meeting shall be certified as follows: The certifi¬ cate of nomination, which shall be in writing, shall contain the name of the office for which each person is nominated, the name and residence of each such person, and if in a city the street number of residence and place of business, if any, and shall designate in not more than five words, the party which such convention committee or primary meeting represents. It shall be signed by the presiding officer and secretary of such convention, committee or primary meeting, who shall add to their signatures their respective places of residence, and make oath before an officer qualified to administer the same, that the affiants were such officers of such convention, com¬ mittee or primary meeting, and that said certificates and the statements therein contained are true to the best of their knowledge and belief. A certificate that such oath has been administered shall be made and signed by the officer before whom the same was taken and attached to such certificate of nomination. When the nomination is made by a committee, the certificate of nomination shall also contain a copy of the resolution passed at the convention or primary meeting which authorized the committee to make such nomination. § 4. Certificates of nomination of candidates for offices to be filled by the voters of the entire State, or of any division or district greater than a county, shall be filed with the Secretary of State, exce]3t as in this section otherwise pro¬ vided. All other certificates of nomination shall be filed with the clerks of the respective counties wherein the officers are to be elected. The certificate of a nomination for member of assembly in the counties of Fulton and Hamilton, shall be filed in the office of the county clerk of Fulton county, and a Election Laws of 1890. 13 copy thereof certified by said county clerk of Fulton county shall be filed in the office of the county clerk of Flainilton county. The certificate of nomination for senator for the fifth senatorial district shall be filed in the office of the clerk of the city and county of !New York, and a copy thereof certified by said clerk shall be filed in the office of the county clerk of Richmond county. § 5. Candidates for public office may l>e nominated other¬ wise than by a convention, committee or j^rimary meeting in the manner following : A certificate of nomination containing the name of a candidate for the office to be filled, with such information as is recpiired to be given in certificates ])rovided for by section three of this act, except that the said certificate shall designate in not more than five words, instead of the party, the political or other name which the signers shall select, shall be signed by voters residing within the district or political division in and for which the officer or officers are to be elected, to the number of at least one thousand, when the nomination is for an office to be filled by the voters of the entire State; of at least two hundred and fifty when the nomination is for an office to be filled by the voters of a district less than the State and greater than a county (except the assembly district composed of Fulton and Hamilton counties), or by the voters of a county or city ; of at least one hundred when the nomination is for an office to be filled by the voters of an assembly district; of at least fifty when the nomination is for an office to be filled by all the voters of a ward town or village ; but when the nomination is for an office to be filled by the voters of the city and county of Yew York, or of the county of Kings or of the city of Brooklyn, the number of signatures so required sliall not be less than three hundred, and when the nomination is for an office to be filled wholly or in part by the voters of oiily a portion of said city and county of Yew York, or the said county of Kings or of the said city of Brooklyn, less than the whole, such number shall not be less than one hundred. The signatures to a certificate of nomination need not all be appended to one Chap, 262. Nomina¬ tions other than by party organ¬ ization. ff Certificates, how exe¬ cuted and acknowl¬ edged. 14 Election Laws of 1890. Chap. 262. Filinj; thereof. Retreserved in his office all certificates of nomination filed tlierein under the provisions of this act; and each county clerk shall cause to be preserved in his office all certificates of nomination filed therein under the provisions of this act. All such certificates shall be open to public inspection, under ^Droper regulations, to be made by the officers with whom the same are filed. S 8. When nominations are made bv a convention, com- mittee or priniary meeting, as provided for in section three of this act, the certificates of nomination to be filed with the Secretary of State shall be filed not more than forty nor less than twenty-five days before the day fixed by law for the election of the persons in nomination; and the certificates of nomination herein directed to be filed with a county clerk shall be filed not more than thirty nor less than twenty days before election. Certificates of nomination otherwise than by a convention, committee or primary meeting, made accord¬ ing to the provisions of section five of this act, shall, when required to be filed with the Secretary of State, be filed not more than fortv nor less than fifteen davs before election: and when required to be filed with the county clerk, shall be Election Laws of 1890, 15 Chap 2G2 filed not more than thirty nor less than twelve days before election. § 9. The Secretary of State shall immediately, upon the Duty of . . Secretary of expiration of the time within which certificates of nomination state upon may be filed with him, certify to the county clerk of each county within which any of the voters may by law vote for a candidate or candidates named in the certificate, the name and description of each of such candidates, together with the ‘ other details mentioned in the certificate of nomination so filed with the Secretary of State. S 10. At least six davs before an election to fill any public Publication office, the county clerk of each county shall cause to be pub- lished in not less than two nor more than four newspapers within the county, a list of all nominations to office certified to him under the j^rovisions of this act. Such publication shall contain the name and residence and if in a city the street number of residence and of i^lace of business if any, and the party or other designation of each candidate. In case of municipal elections such publication of the names of candi¬ dates for municipal office shall be made in newspapers which are published within the municipality where the election is to be held. One of such publications shall be made in a news- selection of news- paper which advocates the principles of the political Jiarty papers, that at the last preceding election cast the largest number of votes in the State; and another of such publications shall be made in a newspaper which advocates the principles of the political party that at the last preceding election cast the next largest number of votes in the State. The county clerk in selecting the respective papers for such publication, shall select those which, according to the best information he can obtain, have the largest circulation within such city or county. In making additional publications the county clerk shall keep in view the object of giving information, so far as possible to the voters of all political parties; and in no event shall such additional publications be made in two newspapers rejiresenting the same political party. The county clerk Daily puWi- 0^ lions* shall make such publications daily in counties where daily 16 Elec'fiox Laws of 1800. Chap. 2G2. Printed lists to be sent town clerks and aider- men. Posting thereof in election districts. Provisions, when not to apply to cities. Nomina¬ tion, when void by declination. Notice to other candi¬ dates. iiewsjmpers are pulilislied ; l)nt if there be no daily newspaper published within the county, one publication in each news¬ paper shall be sulhcient. Should the county clerk find it impracticable to make the publication six days before election day, in counties where no daily newspaper is printed, he shall make the same at the earliest possible day thereafter. §11. The county clerk of each county shall, at least six days before election day, send to the town clerk of each toAvn and to the alderman of each ward in any city therein, printed lists, at least five and not more than ten copies for each elec¬ tion district in such toAvn or Avard, containing the name and residence, and if in a city the street, number of residence and of place of business, if any, and party or other designa¬ tion of each candidate, nominated as hereinbefore pro Added, to be Amted for by the voters of the respectwe toAvns and Avards. Such lists shall at least three days before the day of election be conspicuously posted by such toAA'ii clerk or aider- man in one or more public places in each election district of each tOAvn or Avard, one of Avhich shall be at the place Avhere such election is to be held. The provisions of this section shall not apply to any city Avhere the publication required by section ten of this act shall be made in tAvo or more daily iieAA’spapers published in snch city. § 12. TVhenever any person nominated for public office as in this act proAuded slirdl, at least tAveh^e days before the day of election, if he shall have been nominated as provided in section three of this act, or at least ten days before the day of election, if he shall liaA^e been nominated as provided in section fi\n of this act, iiotifA^ the officer Avith Avhoin the / c/ original certificate of his nomination AA^as filed, in a Avriting signed by him and duly acknoAAdedged, that he declines such nomination, the same shall be Amid and liis name shall not be printed upon the Ijallots. The officer to whom snch notifica¬ tion is given shall fortliAAfith inform, by mail or otherwise, one or more persons aaTioso names are attached to the original certificate of nomination, tUat such nomination has been declined. Election Laws of 1890. 17 § 13. All certificates of nomination which are in apparent conformity with the provisions of this act shall be deemed to certificates, be valid, unless objection thereto shall be duly made in writing within three days after the filing of the same. In case such Proceeding ^ in case or objection is made, notice thereof shall forthwith be mailed to thireto^^^^ all candidates who may he affected thereby, addressed to them at their respective places of residence, as given in the certifi¬ cate of nomination. The officer with whom the original cer¬ tificate was filed shall in the first instance pass upon the validity of such objection, and his decision shall be final, unless an order shall be made in the matter by a court of competent jurisdiction, or by a justice of the sujDreme court at chambers, on or before the Wednesday preceding the elec¬ tion. Such order may be made summarily upon application of any party interested and upon such notice as the court or judge may require. S 14. Should any person so nominated die before election vacancies, ^ ^ . . . . . filled. day, or decline the nomination, as in this act provided, or should any certificate of nomination be insufiicient or inoperative, the vacancy or vacancies thus occasioned may be filled in the manner required for original nominations. If the original nomination was made by a party convention which had delegated to a committee the power to fill vacan¬ cies, such committee may, uj)on the occurring of such vacancies, proceed to fill the same. The chairman and secretary of such committee shall thereupon make and file with the proper officer a certificate setting forth the cause of the vacancy, the name of the person nominated, the office for which he was nominated, the name of the person for whom the new nominee is to be substituted, the fact that the committee was authorized to fill vacancies, and such further information as is required to be given in an original certifi¬ cate of nomination. The certificate so made shall be executed, acknowledged and sworn to in the manner prescribed for the original certificate of nomination, and shall upon being filed at least eight days before election, have the same force and effect as an original certificate of 2 18 Election Laws of 1890. Chap. 262. Duty of Secretary of State upon tilling of vacan¬ cies. Constitu¬ tional amend¬ ments, etc. Publica¬ tion. Duty of couiity clerk in pro¬ viding and printing ballots. Ballots with names of offices only. Sample ballots. nomination. When such certificate shall be filed with the Secretary of State he shall, in certifying the nominations to the various county clerks, insert the name of the person who has thus been nominated to fill a vacancy in place of that of the original nominee ; and in the event that he has already sent forward his certificate, he shall forthwith certify to the clerks of the proper counties the name and description of the person so nominated to fill a vacancy, the office he is nominated for, together with the other details mentioned in the certificate of nomination so filed with the Secretary of State, and the name of the person for whom such nominee is substituted. § 15. Whenever a proposed constitutional amendment or other question is to be submitted to the people of the State for popular vote, the Secretary of State shall duly, and not less than fifteen days before election, certify the same to the clerk of each county of the State, and the clerk of each county shall include the proposition or question to be sub¬ mitted, substantially as it will appear in the ballot to be used on election day, in the pubhcation provided for by section ten of this act. § 16. Except as in this act otherwise piwdded, it shall be the duty of the county clerk of each county to provide printed ballots for every election of public officers in which voters or any of the voters within the county participated, and to cause to be printed in the appropriate ballot the name of everv candidate whose nomination has been certified to or t/ filed with the county clerk in the manner provided for in this act; he shall also provide for every such election, printed ballots containing only the names of the offices to be filled at the election. Sample ballots printed upon paper of a different color from the official ballots but in the form of those to be used on election day, each containing the names of the candidates which are to be printed upon the appro¬ priate official ballot, shall be printed and in possession of the county clerk or other officers or boards charged with the duty of preparing such ballots, seven days before the day of elec- Election Laws of 1890. 19 tion, subject to public inspection. The official ballots shall be prinfcd and in possession of the county clerk, or such other officers or boards, at least four days before election and subject also to inspection by the candidates and their agents. § IT. Each ballot shall have a perforated line running across the toj) so as to leave the space thereon above said line one inch in width; and upon the portion above the line, which shall be known as the stub,” nothing shall be printed, except the printed number hereinafter mentioned. Upon each ballot below the stub, shall be printed, in brevier lower case type, the name of each office to be filled at the then ensuing election, and except upon the ballots not containing the names of candidates in brevier caj^itals type the names of such candidates therefor res]3ectively (not more for any office than one elector is entitled to vote for) as may have been certified therefor in the certificates hereinbefore in section three provided made by the conventions, committees or primary meetings respecting the same party, or as may have been certified therefor in the certificates hereinbefore in section five provided, bearing the same political or other name. But no name or names of any candidate or candidates shall be placed upon a ticket put in nomination by certifi¬ cate as provided for in section five, except the name or names specified in said certificate of nomination without the written approval of the person or persons designated and appointed in said certificate as provided in that section, but such approval shall be made at least twelve days before election. Besides the kind of ballots containing only the names of the offices to be filled at the election as required by section sixteen of this act, there shall be as many separate kinds of ballots as there are different political parties represented by certificates as provided by section three of this act and as there are different political or other names represented by certificates as provided by section five of this act. There shall also be as many different kinds of ballots as may be required to comply with the directions hereinbefore authorized of the person or persons designated and appointed Chap. 262. Official ballots. Style of printing and contents. Approval of names of certain can- dates thereon. Kinds of ballots. 20 Election Laws of 1890. Chap. 262. Name of office, when only printed. Size of ballots. Numbering of stubs. Indorse¬ ments. Quality and tint of paper and ink, etc. Names of local candi¬ dates on billlots. Form for folding. as provided in section five of this act upon certificates of nomination. When nominations are made by convention, committee or primary meeting as prescribed by section three of this act, and candidates are not named for all places on the ballot, the places for which nominations are not made shall be left blank with the name of the office only printed on the ballot. All ballots provided for the same polling place shall be of uniform length. Each ballot shall be six inches wide, and of such length below the stub as to allow three-eighths of an inch in the length of the ballot for the name of each office, and the same space for the name of each candidate therefor for whom one elector may be entitled to vote. The names of offices and candidates shall be in a single column, except the names of candidates for presidential electors sliall be in two colums.* The stubs of each kind of ballots for each election district shall be numbered consecutively by printed numbers thereon. On the back of each ballot shall be printed in type known as great primer Roman condensed capitals, the indorsement official ballot for and after the word for ” shall follow the designation of the poll¬ ing-place for which the ballot is prepared, the date of the election, and a fac simile of the signature of the county clerk. The ballot shall contain no caption or other indorse¬ ment, except as in this section provided. Each county clerk shall use precisely the same quality and tint of papel*, kind of type, and quality and tint of plain black ink for all ballots provided by him to be used at one election. Whenever candidates are to be voted for only by the voters of a jDar- ticular district, town, village, city or county, the names of such candidates shall not be printed on any other ballots than those provided for use in such district, town, village, city or county respectively. The ballots shall be of such form and the indorsement thereon so printed that they may be folded in the middle lengthwise and then crosswise, in such a way that the stub of each ballot can be removed without unfold- * So in the original. Election Laws of 1890. 21 ing the ballot or exposing any of its contents, and that when so folded the whole of the indorsement shall be visible. There shall be but one ballot-box at each jDolling-place for Baiiot-box. receiving all ballots cast for candidates for offices. S 18. The county clerk of each county, or other public Number of ^ ballots to be officers or board char^red by this act with the duty of printing: fiynished and providing ballots, shall provide for each election district in the county, two hundred ballots of each kind for every fifty, or fraction of fifty, voters registered at the last pre¬ ceding election in the district. If there is no registry in the districts, such ballots shall be provided to the number of two hundred of each kind for every fifty, or fraction of fifty, voters who voted at the last election in the district. When a district shall be divided or the boundaries changed, the county clerk or such other public officers or boards must ascertain, as nearly as possible, the number of voters in the new district or districts, and provide therefor a sufficient number of ballots in the above proportion. S 19. Whenever it shall appear by affidavit that an error Errors and omissions, or omission has occurred in the ^ publication of the names or correction description of the candidates nominated for office, or in the printing of the sample or official ballots, the supreme court or a justice thereof may, upon application of any voter, by order, require the county clerk or other public officers or boards charged with the duty in respect to which such error or omission has occurred, to correct such error, or to show cause why such error should not be corrected. The county clerk or such other public officers or boards shall also upon his or their own motion correct without delay any patent error in the ballots which he or they may discover or which shall be brought to his or their attention, and which can be corrected without interfering with the timely distribution of the ballots as hereinafter provided. § 20. The county clerks of the various counties in the State, uoUvery of shall, prior to an election, cause to be delivered to each of cit^ferks the town clerks within their respective counties, the proper number of ballots provided for the use of the voters of said 22 Election Laws of 1890. Chap. 26^. Receipts. Duty of town and city clerks on election day. Town and city clerks, when to pre pare and furnish ballots. Unofficial ballots, use of, when permitted, etc. town at such election. The same shall be sent in sealed packages, one of each kind, for each election district of said town, with marks on the outside of each clearly stating the polling place for which it is intended, together with the number of ballots inclosed. They shall be delivered to the town clerks on the Saturday before election day. Ballots to be used in cities shall be delivered at the time and in the manner above provided to the city clerks of the respective cities. Receipts for ballots thus delivered shall be given by the town, or city clerk who receives them, and filed with the county clerk who shall also keep a record of the time when, and the manner in which each of said packages was sent. The town, and city clerks receiving such packages, shall, at the opening of the polls on election day, cause the same to be delivered, with the seals unbroken, to the inspectors of election of the various election districts as designated on the outside of the packages respectively, and sliall take receipts therefor from said inspectors, which shall be placed on file in their respect¬ ive offices. § 21. If the ballots to be furnished to any town or city clerk, as herein provided, shall not be delivered at the time above mentioned, or if after delivery they shall be destroyed or stolen, it shall be the duty of the said clerk of such town or city to cause other ballots to be prepared as nearly in the form prescribed in section seventeen as practicable, but with¬ out the indorsement, and upon receipt of ballots thus pre¬ pared from said clerk, accompanied by a statement under oath that the same have been so prepared and furnished by him, and that the original ballots have so failed to be received, or have been so destroyed or stolen, the inspectors of election shall cause the ballots so substituted to be used at the elec¬ tion. If from any cause, neither the official ballots nor ballots prepared by the town or city clerk as herein prescribed shall be ready for distribution at any polling place, or if the supply of ballots shall be exhausted before the polls are closed, unofficial ballots, printed or written, made as nearly as possible in the form of the official ballots, may be used. Election Laws of 1890. 23 Wlienever a candidate for any office, whose name is printed on the official ballot, shall have died, shall he or become ineligible, or shall have withdrawn before election day, voters may use unofficial ballots in voting to fill the office for which such deceased, ineligible or withdrawn candidate was nomi¬ nated, and the name of the deceased, ineligible or withdrawn candidate shall be considered as having been erased from the official ballot; but such unofficial ballot shall contain only the name of the person voted for, in lieu of the deceased, ieligible* or withdrawn candidate, and under the designation of the office for whicli such person is a candidate. § 22. The inspectors of election in each election district of the State (except in districts where all of them are appointed) shall, immediately after taking their oath of office, as pre¬ scribed by law, appoint two of their number to serve as ballot clerks during the election. The inspectors who were elected as such shall appoint one ballot clerk, and the inspectors who were appointed as such shall appoint the other ballot clerk. In each election district, except a district in which all of the ins 2 :)ectors of election are appointed, the number of inspectors shall be five, and in every such district in which there shall be a less number than five, the balance of the five offices of inspectors of election in sucli district shall be deemed to be vacant, and shall be filled as vacancies in such offices as now provided by law. Immediately upon the filling of such vacancies in an election district, after the passage of this act, and the qualifications of the five inspectors of election, they shall appoint two of their number to be ballot clerks as hereinbefore provided. In districts where inspectors are not elected, two ballot clerks shall be appointed, and their appointment certified at the same time and in the same manner as now provided for in case of inspectors, except that ballot clerks to serve at the fall election of eighteen liundred and ninety, shall be appointed and their appoint¬ ment certified, at least ten days before the day fixed for such Chap. 262. Ballot clerks, designation of, by inspectors. Inspectors, number of, etc. Appoint ment of ballot clerks. * So in the original. 24 Election Laws of 1890. Chap. 262. Vacancies in office. Appoint¬ ments, how governed. Voting booths and supplies for. Guard rail. Arrange¬ ment of booths and ballot- boxes. Construc¬ tion of booths. Admission within rail. election. Vacancies in said office shall be filled, and all appointments made to fill such vacancies shall be certified as now provided for by law in the case of inspectors. In apj)oint- ing or designating ballot clerks as herein provided, one of them shall be taken in each election district from the political party that polled the largest number of votes on state issues at the last preceding election, and the other from the party that polled on state issues the next largest number. The term “ ballot clerks,” when used herein, shall be deemed to refer to the persons so designated or apjDointed as such as aforesaid. § 23. All officers upon whom is imposed by law the duty of designating polling places, shall proAude in each polling place designated by them a sufficient number of voting booths or compartments, Avhich shall be furnished with such supplies and conveniences, including shelves, pens, pen¬ holders, ink, blotting paper, pencils and mucilage, as Avill enable the A^oter to prepare his ballot for voting, and in which voters may prepare their ballots screened from observation as to the manner in which they do so; and a guard rail shall be so constructed and placed that only such persons as are inside said rail can approach Avithin six feet of the ballot-boxes, and of such A^oting booths or compartments. The arrange¬ ment shall be such that the A^oting booths or compartments can only be reached by passing Avithin said guard rail. They shall be in plain view of the election officers, and both they and the ballot-boxes shall be in plain view of those just out¬ side the guard rail. Each of said booths or compartments shall have four sides inclosed. One side in front to open and shut as a door swinging outward. Each side of eacli booth or compartment shall be at least six feet high and the door shall extend to Avithin two feet of the floor. Each booth or compartment shall be at least three feet square and shall contain a shelf which shall be at least one foot wide extending across one side of the booth or compartment at a convenient height for writing. Vo persons other than the election officers and the watchers provided by law and those admitted ♦ Election La ws of 1890. 25 Chap. 262 . for the purpose of voting as hereinafter provided, shall be permitted within said rail, except hv authority of the election officers to keep order and enforce the law, and except in the contingency mentioned in the first sentence of section twenty- eiirJit of this act. The number of such voting booths or xumberof compartments shall not be less than one for every fifty voters who voted at the last precedmg election in the district. The Baiiot-box, ” ... how fur- officers who are charged with the duty of providing voting nisbed. booths or compartments shall also furnish for each polling- place in their respective towns and cities, a ballot-box which shall be large enough to properly receive and hold the ballots to be cast for candidates for office in conformity with the lu’ovisions of this act. In the'citv and county of Xew York Booths, New the board of police commissioners, and in the city of Brooklvn the board of elections shall provide such guard rails, ballot-box and voting booths or comjiartments. The expense thereof Expense. shall in all cases be a pubhc charge, to be provided for in the same manner as other election expenses. On or before the Alteration ^ ^ ^ of election first day of September in the year eighteen hundred and districts, ninety, and in each year thereafter the officers now charged by law with the division or alteration of election districts «/ shall alter or divide the existing election districts, whenever necessary, in such manner that each election district shall contain not more than three hundred voters. § 21. It shall be the duty of the ballot clerks to deliver Duty of ballot ballots to cpialified voters, and they shall at all times be under clerks, the supervision of the board of inspectors. Tlie ballots shall be kept in plain view within the polling jfiace, and as near as possible to the place where the ballot-box is stationed. At the opening of the polls the inspectors shall open the packages containing the ballots, and jilace the ballots in charge of the ballot clerks. Each qualified voter before receiving his Application for ballots ballots fixim the ballot clerks, shall announce his name to andpro- ceedings the election officers. His name shall be noted by the poll thereupon, clerks, and each voter’s name shall be numbered consecutively, by the poll clerks witli the number upon the stub of the ballots delivered to him and in the order of the respective 26 Election Laws of 1890. Chap. 2G2. Challenges. Chal¬ lengers. Polling place, how arranged. Prepara¬ tion of bal¬ lots by voter. Paster bal¬ lots, use of, etc. applications for ballots to the ballot clerks. The ballot clerks shall thereupon deliver to the voter, and the voter shall receive and take with him into the booth or compartment one of each kind of ballots which shall have been furnished for use at such polling place. But before any voter shall receive said ballots and in the presence and view of the voter each of said ballot clerks, or a ballot clerk and an inspector shall write his initials upon the stub of each of said ballots; but the stubs of all ballots delivered to one voter at one time shall have the initials of the same persons thereon. When any person shall make application for ballots his right to vote at that poll and election may be challenged, and such pro¬ ceedings shall thereupon be had before the inspectors as the law now prescribes in case of challenge. If the person so applying is not entitled to vote, no ballot shall be delivered to him. Any person may also be challenged, as now provided by law, when he shall offer his ballot to the inspectors. A reasonable number of challengers, representing each political party, shall be permitted to remain just outside the guard rail where they can plainly see what is done within the polling place, except within said booths or compartments. The said polling j^lace shall be so arranged that every part thereof except the inside of said booths or compartments may be in fall view of said challengers and watchers. § 25. On receiving his ballots, the voter shall forthwith, and without leaving the inclosed space, retire alone to one of the voting booths or compartments so pro\dded ; and shall prepare his ballots. The voter may write or paste uj^on his ballot the name of any person for whom lie desires to vote for any office. Any voter may take with him into the voting-booth or compartment, a printed ballot of his own selection or preparation, to be known as a paster ballot, containing the names of all the offices to be filled and of the candidates therefor for whom he desires to vote, which paster ballot may be gummed on the back thereof, and the voter may paste the whole of such paster ballot on any of the official ballots below the stub. Any name so written or pasted upon the Election Lawe of 1890. 27 ballot shall be deemed the choice of the voter, notwithstanding the name of another candidate for the same office may be upon the original ballot without being erased, covered or con¬ cealed by the writing or paster. All pasters shall be of white paper and must be printed in type uniform with that required by this act to be used upon the ballots and shall be printed in plain black ink. A paster shall be so attached to the ballot that when the ballot is folded no portion of such paster shall be visible. In preparing his ballot any voter shall be at liberty to use or copy any unofficial sample ballot to assist him in preparing the official ballot. After 23reparing his ballot, and before leaving the voting booth or compartment, the voter shall fold all the ballots delivered to him in the middle, lengthwise and then cross¬ wise ; but in such a way that the contents of the ballot shall be concealed and the stubs can be removed without exposing any of the contents of the ballots and shall keep the same so folded until he has delivered the same to the election officers as in tins section provided. He shall then vote in the manner provided by law forthwith and before leaving the inclosed space; but before his vote shall be received the voter’s name and the number upon the stubs of his ballots shall be called out and the number upon such stubs shall correspond with the number noted against his name by the poll clerks as hereinbefore provided. The inspectors of election shall remove the stub from each ballot voted in plain view of the voter and without unfolding or disclosing the contents of the ballot, before the same is deposited in the ballot-box. The voter shall thereupon deliver to the inspectors the ballots not voted by liim but folded in precisely the same manner as the ballots voted and the inspectors shall remove from each such ballot its stub, and the unvoted ballots shall be deposited in a box which shall be prepared for that purpose, and which shall be kept locked until after the canvass of the votes, but which shall be provided with an aperture for depositing the ballots therein, and after the votes cast are all canvassed all ballots which were so deposited in such box shall be burned Chap. 262 . Folding of ballots. Manner of voting and receiving votes. Unvoted ballots, de¬ livery and disposal thereof. 28 Election Laws of 1890. Chap. 262 . Preparation ol mioflicial ballots. Occupancy of booth and in¬ closed space, re¬ strictions as to. Duty of in¬ spectors. Spoiled ballots, re¬ placing of. Preserva¬ tion and return of unvoted ballots and stubs. Statement accounting for ballots. by the inspectors of election without any examination of their contents. When an unofficial ballot is used in tlie cases pro¬ vided for by the last two sentences in section twenty-one of this act, the person using it shall, before voting the same, retire to one of the voting booths or com^Dartments where he shall prepare such ballots for voting. § 26. l^ot more than one person shall be permitted to occupy the same voting booth or compartment at one time, except as provided for in section twenty-eight of this act, and no jDerson shall remain in or occupy any such booth or com¬ partment less than three minutes and in no case longer than ten minutes, when all the other booths or comj)artments are occupied, ^^o person who has once voted, other than an election officer or watcher, shall be permitted to re-enter said inclosed space during the election, except to aid another in preparing his ballot as hereinafter provided, and no voter, not such officer or watcher shall be permitted to remain in said inclosed space longer than is necessary for him to pro¬ cure, prepare and deposit his ballot, as hereinbefore provided. It shall be the duty of the board of inspectors to see that the provisions of this section are properly observed. § 27. If any voter spoils a ballot he may obtain another full set and so on successively not exceeding four full sets in all, uj^on returning to the ballot clerks the set of ballots containing the spoiled ballots. In obtaining a set of ballots to re]3lace a spoiled set the name of the voter shall be given and his num¬ ber noted in the manner hereinbefore provided when tlie voter’s original application for ballots is made to the ballot clerks. The ballots thus returned shall be canceled and together with those not distributed to voters shall be pre¬ served ; and with the record of ballots delivered to voters by the ballot clerks and the stubs of the ballots so delivered shall be secured in a package sealed and sent to the county clerk or other public officers or boards by whom such ballots were prepared, on the day after election. The ballot clerks shall also at the same time, tile with the county clerks of their respective counties or other public officers or boards by whom I Election La of 1890. 29 such ballots were prepared, a statement in writing, showing the number of ballots of each kind voted, the number of ballots of each kind delivered to voters, the number of spoiled ballots of each kind, and the number of ballots of each kind not dehvered to voters, and the number of detached stubs returned, identifying and specifying the same. Any ballot clerk who shall fail to thus account, fully and particularly for all official ballots jrlaced in his charge, shall be deemed guilty of a misdemeanor. § 28. Any voter who declares under oath to the inspectors of election that, by reason of physical disability, he is unable to prepare his ballot vdthout assistance, shall be permitted to bring with him to such booth or compartment a person of his own selection, who may retire with such disabled voter to the booth or compartment and assist him in the preparation of the ballot. The poll-clerks shall make a memorandum on the 2 )oll-list of every instance when an oath was administered to a voter as herein provided, stating briefly what facts were sworn to, the name of the affiant and the name of the person or persons who aided the voter in preparing his ballot. Xo voter shall divulge to ajjyone within the polling place the name of any candidate for whom he intends to vote, nor shall he ask for or receive the assistance of any person within the polling place in the preparation of his ballot except as pre¬ scribed by this section. Xo person who assists a voter in the preparation of his ballot, as herein provided, shall in any manner request, or persuade, or induce, or seek to persuade or induce such voter to vote any particular ticket or for any particular candidate or candidates; nor shall such person reveal to another the name of any candidate for whom the voter has voted, or anything that took place while he was assisting such voter in preparing said ballot for voting. § 29. Xo inspector of election shall deposit in a ballot- box, or permit any other person to deposit in a ballot-box, on election day any ballot which is not properly indorsed, or upon the stub of which the initials of the ballot clerks, or of a ballot clerk and an inspector, did not appear when presented to be Chap. 262 . Failure to account. Assistance for disabled voters. Divulgin" names and receiving assistance prohibited. Assistant not to in- flnence voter, or reveal names voted. Deposit of certain bal¬ lots in box prohibited. 30 Election Laws of 1890. Chat. 262 . Cards of instruction. Posting thereof. How printed and contents. Canvass of votes. Certain acts prohibited voted, except in the cases ]3rovided for in section twenty-one of tliis act. § 30. The county clerk of each county or other pubhc officers or boards charged with the duty of providing the ballots shall cause to be printed and fui-nished as liereinafter provided in large type, on cards in Enghsh and in such other languages as he or they may deem necessary, instructions for the guidance of voters in prej)aring their ballots. Twelve such cards, each printed in all the languages so determined upon shall be furnished to the board of inspectors of election of each election district, at the same time and in the same manner as the printed ballots. The board of inspectors of elections shall j)ost not less than one of such cards in each place or compartment provided for the ^preparation of ballots, and not less than three of such cards elsewhere in and about the polling places iqpon the day of election. Said cards shall be ^printed in large, clear type, and shall contain full instruc¬ tions to the voters as to what should be done: (1) To obtain ballots for voting; (2) To prejpare the ballots for deposit in tlie ballot-boxes; (3) To obtain a new ballot in the place of one spoiled by accident or mistake : Said cards shall also con¬ tain a copy of sections thirty-two, thirty-three and thirty-five of this act. § 31. The votes for the several candidates shall be can¬ vassed in the order in which they appear upon the several ballots. Xo ballot that has not the printed official indorse¬ ment shall Ipe counted, except such as are voted in accordance with the provisions of section twenty-one of this act. All ballots that are defective in whole or in part, shall be marked defective,” and shall be preserved and filed as provided for in section twentv-seven of this act. § 32. Ao person shall (1) falsely make, or make oath to, or fraudulently deface, or fraudulentlv destrov anv certificate of nomination, or any part thereof; or (2) file or receive for filing any certificate of nomination knowing the same or any part thereof to be falsely made ; or (3) suppress any certifi¬ cate of nomination which has been duly filed, or any part Election Laws of 1890, 31 thereof ; or (4) forge or falsely make the official indorsement of any ballot. Every person violating any of the j^rovisions of this section shall be deemed guilty of a felony and upon conviction thereof shall be j)unished by imprisonment in state prison not less than one year nor more than five years. § 33. No person shall during the election remove or destroy any of the supplies or other conveniences j)l^ced in the booths or compartments for the purposes of enabling the voter to prepare his ballot, nor shall any person prior to or on the day of election deface or destroy any list of candi¬ dates posted in accordance with the provisions of this act. No person shall, during an election, remove, tear down, or deface the cards printed for the instruction of voters. Every person willfully violating any of the provisions of this sec¬ tion shall be deemed guilty of a misdemeanor. § 34. Every public officer upon whom any duty is imposed by this act, who violates his said duty, or who neglects or omits to perform the same, shall be deemed guilty of a mis¬ demeanor ; and, uj)on conviction thereof, shall be punished by imprisonment in the county jail or penitentiary for a term of not less than six months and not more than three years, or by a fine of not less than two hundred and fifty dollars, and not more than three thousand dollars, or by both such fine and im])risonment. Any jDerson having charge of official ballots who shall destroy, conceal or suppress them, exce 2 :>t as in this act permitted, shall be guilty of a felony, and uj^on conviction thereof, shall be ^^unished by imiDrisonment in state prison not less than one year nor more than five years. Any person who has undertaken to deliver official ballots to any city, town or village clerk or inspector, and neglects or refuses to do so, shall be guilty of a misdemeanor, and uj^on conviction thereof, shall be punished by imprisonment in the county jail for not less than six months nor more than one year. Any election officer or watcher who shall reveal to aTiother person the name of any candidate for wlioni a voter lias voted, or who shall communicate to another his opinion, belief or impression as to how or for whom a voter has voted. Chap. 262 . Violations, felony. Certain acts prohibited. Violations, misde¬ meanor. Penalty for neglect of duty, by public officer. For destroy¬ ing or sup¬ pressing ballots. For neglect to deliver ballots. For reveal¬ ing names voted by voters, etc. 32 Election Laws of 1890. Chap. 262 . Election¬ eering. Removal and show¬ ing of bal¬ lots. Receiving and deliver¬ ing ballots, restriction on. Return of unvoted ballots. Misde¬ meanor. Proviso. Employes entitled to absent themselves to vote. sliall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by imprisonment in the county jail for not less than six months nor more than one year. § 35. No person shall do any electioneering on election day within any polling place, or in any pubhc street or rooni^ or in a public manner, within one hundred and fifty feet of any polling place. No person shall remove any official ballot from any polling place before the closing of polls. ]^o person shall show his ballot, after it is prepared for voting, to any person in such a way as to reveal the contents, nor shall any person solicit the voter to show the same; nor shall any person (except an inspector of election) receive from any voter a ballot prepared for voting. No voter shall receive an official ballot from any other person than one of the ballot clerks having charge of the ballots, nor shall any person otlier than such ballot clerks deliver an official ballot to such voter. No voter shall place any mark upon his ballot by means of which it can be identified as the one voted by him. Every voter who does not vote or deliver, in tlie manner hereinbefore and in section twenty-five of this act provided, the ballots received by him from the ballot clerks, shall, before leaving the polling place or going outside the guard rail, return each such ballot to the ballot clerks. Whoever shall violate any provision of this section shall be deemed guilty of a misdemeanor. But nothing herein contained shall prevent any person from receiving or delivering an unofficial sample ballot, or from receiving, delivering and voting an unofficial ballot in the contingencies provided against by section twenty-one of this act. § 36. Any person entitled to vote at a general election, held within this state, shall, on the day of such election, be entitled to absent himself from any service or employment in which he is then engaged or employed, for a period of two hours between the time of opening and the time of closing the polls; and such voter shall not, because of so absent¬ ing himself, be liable to any penalty, nor shall any deduction be made on account of such absence from his usual salary or Election La of 1890, 33 wages. Provided, liowever, that aj^plicatioii shall be made for such leave of absence prior to the day of election. The em^Dlojer may specify the hours during which such employe may absent himself as aforesaid. Any person or corporation who shall refuse to an employe the privilege hereby conferred, or who shall subject an emj^loye to a penalty or reduction of wages because of the exercise of such privilege, or who shall, directly or indirectly, violate the yn’ovisions of this act, shall be deemed guilty of a misdemeanor. § 3T. All ballots to be used in the city of York shall be prepared by the board of police commissioners of said city, from the certificates on file in the office of the county clerk of the county of Yew York, and all ballots to be used in the city of Brooklyn, shall be prejDared by the boards of elections, of said city, from certificates on file in the office of the county clerk of the county of Kings. Such ballots in sealed packages indorsed as hereinbefore provided, shall be distributed among the election districts in said city by said boards respectively, instead of by the city clerk; and receij^ts taken therefor and filed in the office of said boards respect¬ ively; and instead of a fac simile of the signature of the county clerk upon the back, they shall contain a fac simile of the signature of the president of the board of police commissioners when they are to be used in Yew York city, and a fac simile of the signature of the jiresident of the board of elections when they are to be used in the city of Brooklyn. § 38. The provisions of this act shall apply to town and village elections, except in the following particulars: When¬ ever the word clerk ” is used in this act it shall be construed as referring to the town clerk when the subject-matter applies to town elections, and to the village clerk when it applies to village elections. Yominations for town and village offices shall be made and certified substantially as hereinbefore provided, but the certificates thereof shall be filed with the clerk not less than five days before the day of election: When nominations are made for town and village offices, in the manner set forth in section five of this act, the number Chap. 262 . Hours therefor. Refusal of privilege, etc., a mis¬ demeanor. Ballots in New York and Brook¬ lyn, pre¬ paration and distri¬ bution of. Act appli¬ cable to town and village elections. Nomina¬ tions. 34 Electiox Laws of 1890. Chap. 262. Vacancies. Ballots. BiJties of ballot clerks, how performed. Names on ballots. Inspectors. of sicrnatiires to the certificate of nomination need not exceed fifty, dominations for town and village offices need not be ^fublislied in newspapers, but the clerk shall cause printed lists to be posted as prescribed in section eleven of this act, on the day before the election is to be held. TVffien a person desires to decline a nomination he shall fortffivith notify the clerk in writing that he declines such nomination. "When¬ ever it shall be necessarv to fill a vacancv the same shall be filled at least three days before election in the manner %/ jorescribed by this act. The clerk shall provide all ballots and cards of instruction to be used at the election, and the same shall be a charge upon the town or village in and for which the election is to be held, the payment of which shall be provided for in the same manner as the payment of other town or village expenses. The ballots shall be substantially in the form of the ballots above described, but it shall not be necessary to print an indorsement upon them, dames of candidates not certified at least three days before election day shall not be placed on said ballots. The number of ballots to be printed and distributed under this section shall be the same as provided for in section eighteen of this act. The clerk shall deliver, or cause to be delivered the ballots and cards of instruction, in sealed j^ackages, to the board of inspectors at the opening of tlie polls on election day, and shall perform such other duties devolved by this act upon county clerks as may be applicable to town and village elections. Ballot clerks shall not serve at such elections, but all the duties hereinbefore devolved upon ballot clerks shall, at town and village elections, be performed by the town or village boards or other officers acting as inspectors of election. The names of candidates for town officers'^ shall not be printed on the same ballot with the names of candidates for village offices. The officers wlio are now recpiired by law to act as inspectors of election at town meetings and village elections shall continue to act as such inspectors under the * So in the original. Electiox Laws of 1890. 35 provisions of tliis act. The inspectors of election, or the officers acting as such inspectors, sliall appoint one or more of their nnmber to take charge ot the ballots and deliver the same to quahfied voters, and the person or persons thus appointed, or some other of the election officers, shall place his or their initials upon the stub above the perforated hue in the manner prescribed by section tvrenty-four of this act. § 39. County clerks, in counties where the office is not a •salaried one, shall receive a reasonable compensation for their services in carrying out the provisions of tliis act, to be fixed by the board of supervisors of the respective counties. Town clerks, for their serffices recpiired hereby, shall be paid for each day actually employed the same compensation allowed them by law for services upon the town board, besides their disbursements. § 40. Sunday shall be included in all computations of time made under the provisions of this act. § 41. Whenever any duty is devolved upon city clerks by the provisions of tliis act, the same shall be performed, in cities where there is no such office, bv clerks of the common j tj council excejit, as hereinbefore otherwise provided. § 42. This act shall not apply to elections for public officers determined otherwise than bv ballot, nor to elections for school officers when no other officers are to be chosen at the same election. § 43. Section twenty-one of title three of chapter one hundred and thu’tv of the laws of eis^hteen hundred and forty-two, entitled ‘’An act respecting elections other than for mihtia and town officers,” is hereby amended so as to read as follows: § 21. At each town meeting to be held in the several towns of this state, and at each annual charter election to be held in the several cities of this state, which are not organized into towns, the electors of such citv or town shall be entitled to vote by ballot, on the same ticket with other town or charter officers, for three electors residing in each election district of such town or city, and the three persons in each Chap. 262. Compensa¬ tion of county and town clerks. Sunday. Duties of city clerk, clerks of council to perform. Act not to apply to certain elections. Election law amended. Inspectors, election of. 3G ELECTi02i Laws of 1890. Chap. 262. Appoint¬ ment of. Poll clerks. Repeal. When to take effect. district receiving the greatest number of votes shall be three- of the inspectors of election for such district at all general and special elections to be held therein the ensuing year. The presiding officers of such town meeting or charter election shall, immediately after the votes of such town meeting or charter election shall be canvassed, appoint by writing, sub¬ scribed by a majority of such presiding officers, two additional inspectors of election for each election district, to be associated m with said three inspectors so elected, and who shall thereupon be two of the inspectors of election of such district, Such inspectors shall be selected from the three persons in such election distinct who shall have the hio:hest number of votes next to the three inspectors so elected; and no ballot for inspectors shall be counted ii-pon which more than three names, shall be contained. § dd. Section three title four of chapter one hundred and thirty of the laws of eighteen hundred and forty-two, entitled •‘An act respecting elections other than for militia and town officers,*’ as amended by chapter one hundred and sixty-three of the laws of eighteen hundred and eighty-one, is hereby amended so as to read as follows: § 3. The three inspectors elected, after having severally taken such oath, shall appoint one clerk, and the two inspectors appointed, after having severally taken such oath shall ap23oint another clerk, to be called clerks of the poll. § 45, All acts and parts of acts inconsistent with the pro- Ausions of this act are hereby repealed. § 46. This act shall take ehect July first, eighteen hundred and ninety. Election Laws of 1890, 37 Chapter 94:. AX ACT TO Amend Title Five of the Penal Code Relating to Ceimes Against the Elective Feanchise. Approved by the Governor April 4, 1890. Passed, three-fifths being present. The Peojole of the State of New York, represented in Senate and Assembly, do enact asfolloios f Section 1. Title five of the Penal Code, entitled Of crimes as^ainst the elective franchise,'’ is herebv amended so as to read as follows : §4:1. It shall be unlawful for any person, directly or indirectly, by himself or through any other person: 1. To pay, lend or contribute, or offer or joi’omise to pay, lend or contribute any money or other valuable consideration, to or for any voter, or to or for any other person, to induce such voter to vote or refrain from voting at any election, or to induce anv voter to vote or refrain from votino; at such elec- tion for any particular person or persons, or to induce such voter to come to the polls, or remain away from the polls at such election, or on account of such voter having voted or refrained from voting or having voted or refrained from voting for any particular person, or having come to the poll or remained away from the polls at such election. 2. To give, offer or promise any office, place or employ¬ ment, or to promise to procure or endeavor to procure any office, j^lace or employment to or for any voter, or to or for any other person, in order to induce such voter to vote or refrain from voting at any election, or to induce any voter to vote or refrain from voting at such election for any particular person or persons. 3. To make any gift, loan, promise, offer, procurement or agreement, as aforesaid, to, for or with any jierson in order to induce such person to procure or endeavor to procure the Chap. 94. Bribery of voters. 38 Election L^ws of 1890. election of any 23erson, or tlie vote of any voter at any election. 4. To procure or engage, ^^romise or endeavor to procure^ in consequence of any sncli gift, loan, offer, j^romise, j^rocure- ment or agreement, the election of any 2)erson or the vote of any voter at such election. 6. To advance or ]3ay or cause to be 2 )aid any money or other A^alnable thing to or for the use of any other person vdth the intent that the same, or any 2 )art thereof, shall be used in bribery at any election, or to knowingly pay, or cause to be paid, any money or other valuable thing to any person in discharge or repayment of any money, wholly or in j^art, expended in bribery at any election. Acceptance g 41 a. It shall be unlawful for any person, directly or of bribes. ^ J l ? J indirectly, by himself or through any other j^erson: 1. To receive, agree or contract for, before or during an election, any money, gift, loan or other valuable considera¬ tion, office, place or em 2 )lojunent for himself or any other per¬ son, for votino^ or aoTeeino; to vote, or for coming or a^reein^ to come to the polls, or for remaining away or agreeing to remain away from the polls, or for refraining or agreeing to refrain from voting, or for voting or agreeing to vote or refraining or agreeing to refrain from voting for any particu¬ lar j^erson or j^ersons at any election. 2. To receive anv monevor other valuable thing during or after an election on account of himself or any other person having voted or refrained from voting at such election, or on account of himself or any other j)erson having voted or refrained from voting for any ^Darticular j^ei’son at such elec¬ tion, or on account of himself or any other person having come to the 2 ^olls or remained away from the 2)olls at such election, or on account of having induced any other person to vote or refrain from voting or to vote or refrain from voting for any particular person or persons at such election. § 41 b. It shall be unlawful for any candidate for public office, before or during an election, to make any bet or wager Bets or wagers on elections. Election La.ws of 1890. 39 with a voter, or take a share or interest in or in any manner become a party to any such bet or wager, or provide or agree to provide any money to be used by another in making such bet or wager, upon any event or contingency whatever. Xor shall it be lawful for any person, directly or indirectly, to make a bet or wager with a voter, depending npon the result of any election, with the intent thereby to procure the chal¬ lenge of such voter, or to j^revent him from voting at such election. § 41 c. It shall be unlawful for any person, directly or indirectly, by himself or any other person in his behalf, to make use of, or threaten to make use of, any force, violence or restraint, or to inhict or threaten the intliction by himself, or through any other person, of any injury, damage, harm or loss, or in any manner to j^ractice intimidation upon or against any person, in order to induce or compel such person to vote or refrain from voting at any election, or to vote or refrain from voting for any particular person or persons at any election, or on account of such person having voted or refrained from voting at any election. And it shall be unlawful for any person by abduction, duress or any forcible or fraudulent device or contrivance whatever to impede, pre¬ vent, or otherwise interfere with, tlie free exercise of the elective franchise by any voter; or to compel, induce, or prevail upon any voter either to give or refrain from giving his vote at anv election, or to o^ive or refrain from o^ivino’ his vote for any particular person at any election. It shall not be lawful for any employer in paying his employes the salary or wages due them to inclose their pay in pay envelopes ” upon which there is written or printed any political mottoes, devices or arguments containing threats, express or implied, intended or calculated to influence the ^Dolitical opinions or actions of such emifloves. Aor shall it be lawful for anv employer, within ninety days of general election to put up or otherwise exhibit in Ids factory, work-shop or other establisli- ment or place where his employes may be working, any hand¬ bill or placard containing any threat, notice or information Chap. 94. Intimida¬ tion of voters. Interfer¬ ence with exercise of elective franchise. Use of par envelopes'to influence employes. Posting or exhibition of placards, etc. 40 Election Laws of 1890. Chap. 94. Section to apply to corpora¬ tions. Penalty. Statements of election expenses by candidates. Filing thereof. that ill case any particular ticket or candidate shall be elected, work in his place or establishment will cease, in whole or in part, or his establishment be closed uj), or the wages of his workmen be reduced, or other threats express or implied, intended or calculated to influence the political opinions or actions of his employes. This section shall apply to corpo¬ rations, as well as to individuals, and any person or corpora¬ tion violating the provisions of this section shall be deemed guilty of a misdemeanor, and any corporation violating this section shall forfeit its charter. § 41d. Every candidate who is voted for at any juiblic election held within this State shall, within ten days after such election, file as hereinafter provided an itemized state¬ ment, showing in detail all the moneys contributed or expended by him, directly or indirectly, by himself or through any other person, in aid of his election. Such statement shall give the names of the various persons who received such moneys, the specific nature of each item, and the purpose for which it was expended or contributed. There shall be attached to such statement an affidavit subscribed and sworn to by such candidate, setting forth in substance that the state¬ ment thus made is in all respects true, and that the same is a full and detailed statement of all moneys so contributed or expended by him directly or indirectly, by himself or through any other j^erson in aid of his election. Candidates for offices to be filled by tlie electors of the entire State, or any division or district thereof greater than a county, shall file their statements in the office of the Secretary of State. The candidates for town, village and city offices, excepting the city of J^ew York, shall file their statements in the office of the town, village, or city clerk respectively, and in cities wherein there is no city clerk, with the clerk of the common council wherein the election occurs. Candidates for all other offices, including all offices in the city and county of Yew York, shall file their state¬ ments in the office of the clerk of the county wherein the ■election occurs. Electiox Laws of 1890. 41 § 41e. A person offending against any provision of sections forty-one and forty-one-a of this act is a competent witness against another person so offending, and may be comj^elled to attend and testify upon any trial, hearing, proceeding or investigation in the same manner as any other person. But the testimony so given shall not be nsed in any prosecution or proceeding, civil or criminal, against the person so testify¬ ing. A person so testifying shall not thereafter be liable to indictment, prosecution or punishment for the offense with reference to which his testimony was given and may plead or prove the giving of testimony accordingly, in bar of such an indictment or prosecution. § 41f. AYhosoever shall violate any provision of this title, Lij^on conviction thereof, shall be punished by imprisonment in a county jail for not less than three montlis nor more than one year. The offenses described in section"^ forty-one and forty-one-a of this act are hereby declared to be infamous crimes. When a j^erson is convicted of any offense men¬ tioned in section forty-one of this act he shall in addition to «/ the punishment above prescribed, forfeit any office to which he may have been elected at the election with reference to which such offense was committed; and when a person is convicted of any offense mentioned in section forty-one-a of this act he shall in addition to the punishment above pre¬ scribed be excluded from the right of suffrage for a peidod of ffve years after such conviction and it shall be the duty of the county clerk of the county in which any such conviction shall be had, to transmit a certified copy of the record of convic¬ tion to the clerk of each county of the State, within ten days thereafter, which said certified copy shall be duly filed by the said county clerks in their respective offices. Any candidate for office who refuses or neglects to file a statement as pre¬ scribed in section fortv-one-d of this act shall be deemed •y guilty of a misdemeanor, punishable as above provided and shall also forfeit his office. Chap. 94. Offender, competent witness. Testimony not to be used against. Punishment for viola¬ tions of title. Duty of county clerks. Penalty for refusal to file state¬ ments. 42 Election Laws of 1890 Chap. 321. Other crimes against elective franchise. Eepeal. General registry law, when not appli¬ cable. Board of registry. Meetings. § 41g. Other crimes against the elective franchise are defined, and the punishment thereof j^i’escrihed by special statutes. § 2. Section forty-one of the Penal Code, as it existed prior to the 23assage of this act, is hereby repealed. § 3. This act shall take effect immediately. Claapter 3f21. AEs ACT TO Pevise, Consolidate and Amend the Laws Relating to the Registry of Voters except in the. Cities of New York and Brooklyn. Approved by the Governor, j\Iay 13, 1890. Passed, three-fifths being- present. The People of the State of JTew Yorh^ represented in- Senate and Assembly, do enact as follows : Section 1. This act shall be known as the general registry law, but shall not apply to the cities of New York and Brooklyn, nor to any village election or town meeting, nor to school elections in cities when held at different times or by different election districts from other elections of city ofiicers,. nor to any vote cast or offered to be cast under or by virtue of any law enabling a qualified elector to vote while absent from the State in the mihtary or naval service of the United States. § 2. The inspectors of election of each election district, shall constitute the board of registry thereof. In cities, each board shall hold four meetings before each general elec¬ tion, and before each city election for city officers, on the fifth, fourth, third and second Saturdays before the election, to be known respectively as the first, second, third and fourth meetings of the board for such election, and two meetings before each special election in any city on the second Satur¬ day and last Friday before such election, to be known respectively as the first and second meetings of the board for Electjox Laws of 1890. 43 tlie special election. Else where than in cities, each board shall hold three meetings before each general election, on the third and second Saturdays and last Eriday before the elec¬ tion, to be known respectively as the first, second and third meetings of the board for the general election. Each meeting shall beo^in at nine o’clock in the forenoon and continue until nine o’clock in the evenino;, with not more than two inter- O J missions of one hour each.' Immediately upon their organiza- assembhno; for the first meetino; for any election, the board shall elect one of their number to be its chairman, who shall immediatelv administer to the other members of the board the constitutional oath of oftice, one of whom shall thereujDon administer the like oath to the chairman. If a member fails Appoint- of to appear at any meetino^ of the board the otlier members of electors m the board shall immediately apj^oint a cpialified elector of the district of the same political party as the absent member, who upon taking the constitutional oath of oflice, shall act in the place of the absent member until he shall aj^pear. If two members fail to appear at any meeting of the board, the member appearing may appoint two cpialified electors of the district who shall respectively belong to the same political parties as the absent members, who, upon taking the con¬ stitutional oath of office, shall act in the places of such absent members respectively until they may respectively appear. If no members of the board shall appear at any meeting within one hour after the same should have been opened, the cpialified electors of the district present, not less than ten may designate a cpialified elector of the district to act in the place of each absent member, wdio shall be of the same political party as such absent member, and shall act in his jfiace until he appears; and the persons so designated shall organize as a board, and take an oath of office in like manner as herein required of the members of the board. § 3. All meetino:s of tlie board of reo;istrv in each election greetings, . ^ where field. district shall be held at the place designated for liolding the poll of tlie next ensuing election for whicli the meeting is held, but no building or part of a building shall be so 44 Electiox Laws of 1890. Chap. 321. Polling places not to be where liquors are .sold, etc. List of TOters. Placing of names thereon, in cities. Placing of names thereon •elsewhere. designated in any city if within sixty days before such O fj Ki C t/ designation intoxicating liquors, ale or beer shall haye been sold in any part of such Ituilding; and no room shall be so designated in any election district, else^yhere, if within sixty days before such designation intoxicating liquor, ale or beer sliall haye been sold in such room or in a room adjoining tliereto with a door or other passageway between the two rooms ; and no intoxicating liquor, ale or beer sliall be sold in such build¬ ing in a city, or in such room or adjoining room elsewhere after such desiscnation and liefore such election. § 4. The board of registry of each election district at its seyeral meetings for each election shall prepare a list of jiersons quahfied to yote in such district at such election, wliich, when finally completed, shall be known as tlie register of yoters of the district for such election. In cities the names of such jiersons only as personally appear before the board and are so qualified shall be jfiaced on such list at a meeting of the board for a general election or for a city election of city officers. At the first meeting of the board in a city for a special election the board shall place uj^on such list all the names which appear upon the register of yoters for the last preceding general election in the election district in which the board shall meet, except of such persons as shall haye died or ceased to reside in such election district, or otherwise become disqualified to yote therein, since such general election and shall at such meeting and also at its second meeting for such special election, ^fiace upon such list the names of all persons so qualified, and who shall personally appear before the board at one of sucli meetings, but no new names which were not on such register shall be placed on such list, except of 23ersoDS who so personally aj^pear. Else¬ where, the board shall at its first meetino; for any election, place upon such list the names of all persons qualified to yote in such district at such election, which appear upon the poll- list of the next preceding general election held in the dis¬ trict, and shall also at such meeting and at its second meeting place upon such list the names of all otlier persons known or Election Laws of 1890. 45 proven to the satisfaction of the board to be so cpialified, and shall at every meeting of the board place upon such hst the name of every j^erson so qiialihed who personally apj^ears before the board and requests to have his name placed thereon, but at the third meeting of the board the names of such persons only as personally appear before the board and are so qualified shall be placed on such list. § 5. The list so made in each election district shall be arranged alphabetically by the first letter of the surname of each person, which shall be placed in the first column, with his Christian name in the second column, and his age as near as it can be ascertained in the third column, his residence bv street and number, if it have a street and number, in the fourth column, and if such residence be in a city or incorporated village and have no street number, then in such fourth column shall be placed a brief designation of the locality of his residence. The list shall be so arranged at the first meeting that there shall be sufficient space after each letter for all persons whose names may be added at subsequent meetings, whose surnames shall begin with the same letter, but before adding any names after the first meetino:, there shall be inserted in the list at the end of the names set forth under each letter, at the next previous meet¬ ing, the following : Added at second meeting,” or added at third meeting,” or added at fourth meeting,” as the case may be § 6. At the close of each meeting of the board in each election district the board shall add to the list of voters as it is at the close of the meeting, a certificate, which, for general elections in cities and for a citv election of citv officers, shall 1/ / be to the effect that such list as it then is, is a true and correct list of all persons qualified to vote at such election in such district, who have personally appeared before the board and have requested to have their names placed thereon; and elsewhere and for special elections in cities, it shall be to the effect that it is a true and correct list of all persons qualified to vote at the next election in such district whose names the Chap. 321. Form of list. Arrange¬ ment for additional names. List, how^ certified. 46 Electiox Laws of 1890. Chap. 321. Custody thereof. Copies to be posted and retained. Poll-lists of preceding election, de¬ livery of, to board. <;:opjes, in ease of formation of new district. Compensa¬ tion there¬ for. * Duty of board of mew dis¬ trict. Challenge of appli¬ cant. board is required by law to place thereon. Such list, so certilied, shall remain in the custody of the chairinan of the board until the close of the polls on election day. At each meeting of the board, or during the next following secular day, the board shall make three certilied cojiies of such list and certificate, one of which shall forthwith be conspicuously posted in the place where such meeting shall have l)een held, and one shall be retained bv each of the other two members of the board, until the close of the ^^olls of such next election. § 7. Each clerk with whom the j)oll-list of the last pre- cedino^ general election in any election district outside of a city, shall have been filed in pursuance of law, shall cause one of such poll-lists to be delivered to the board of registry of each district outside of a city at the opening of its first meeting for any election, and any such clerk within any city shall cause the remster of voters on file in his office to be O delivered to the board of reo-istrv of each election district in O c such city at the opening of its first meeting for a sj)ecial election. If a new election district shall have been formed since the last preceding general election, such clerk shall, before such first meeting, make a certified copy of such a poll-list of each district out of which such new district shall V have been formed, and shall cause such certified copies to be delivered to the board of registry of such new election dis¬ trict at the opening of its first meeting. The just and reasonable value of the services of such clerk in making such certified copies sliall be a charge upon the town or municipahty of which he is the clerk. Each board of registry of such new election district outside of a city, at its first meeting, or, in a city, at its first meeting for a special election, shall place uj^on the list of voters all persons whose names are upon such copies who are qualified to vote in such election district at the next ensuing election for which such meeting is held. § 8. Any person who appears ^^ersonally at any meeting of a board of registry for any election and applies to have his name placed on the list of voters, may be challenged by Election Laws of 1890, 47 any qualified elector of such district. If such applicant be so challenged, or if any member of the board shall have reason to suspect that such applicant is not then, or will not at the time of the election for which such meeting is held, be qualified to vote at such election in such district, the board shall, and in all cases, may administer to such applicant the oath which is required by law to be administered to a challenged person offering to vote at a general election, and may thereupon examine him as to his qualifications as an elector. Such apj^licant may also be required by the board to state, under oath, his age, his residence by street and number, if it have a street number, and otherwise to describe the locality thereof, and if he is not a householder, to state the name of tlie householder with whom he resides, and in like manner to describe the residence of such householder. If the applicant shall make such statement and shall make oath or affirmation to the circumstances which qualify him to vote at such election in such district, his name shall be added to such list of voters. The board shall at any such meeting erase from such list of voters the name of any person thereon who is proven to the satisfaction of the board to be not quali¬ fied to vote in such district at such election, or who cannot be so qualified at the time of such election. If the board shall, at any meeting, upon sufficient evidence being pre¬ sented to it refuse to strike from such list of voters the name of any person not so qualified to vote or shall refuse or neglect to place upon such list the name of any person who is entitled to have his name placed thereon, application may be made to any justice of the supreme court of the judicial district in which such election district is, or to any justice of the su^Dreme court residing in a county adjoining such judicial district, or to the county judge of tlie county, or to any judge of a court of record of a city in which such election district is, and such justice or judge may, upon sufficient evidence, and upon such notice to the members of the board of registry and such other persons interested of such application as the justice or judge may require, order such name to be stricken Chap. 321. Oath, when to be admin¬ istered to applicant, etc. statement required of applicant. Erasure of names from list. Correction of list, how compelled. 48 Election Laws of 1890. Chap 821. Words “ to be chal¬ lenged,” placed op¬ posite name. Oath to be taken. Register at polls. Unregister¬ ed persons not to vote. Checking of name. Right of challenge. Entries in poll-lists by clerks. Statements may be required. Filing of registers. from or added to such list or the register of voters, as the case may be, and such list or register shall be corrected accordingly. § 9. If at any such meeting of a board of registry any elector of the district shall upon oath declare tliat he has reason to believe that any person on such list of voters is not so qualified to vote, the board of registry shall place the words to be challenged” oj^posite the name of such person, and when such person shall offer his vote at such election, the general oath as to qualifications shall be administered to him, and if he shall refuse to take such oath he shall not be permitted to vote. § 10. At the opening of the polls of every election in each election district, tlie board of inspectors of election thereof shall then and tliere have the original register of voters of such district for such election, and the two certified copies thereof retained by the members of the board of registry, and no j^erson shall vote at such election in such district, unless his name is on such register. The inspector shall check upon the register the name of each person whose vote is cast, and before another vote shall be taken. The right of any person to vote whose name is on such register shall be subject to challenge as though this act had not been passed. § 11. The clerks of elections in cities shall enter upon the poll-lists of each election, opposite the name of each person, his age as near as it can be ascertained, his residence bv street and number, if it have a street number, and otherwise a brief descrij)tion of the locality thereof. Any person offering to vote at any election in a city shall, if required by an insj^ector of election, before his vote shall be received, truly state his age and his residence accordingly, and if he shall refuse so to do he shall not be allowed to vote, and any person willfully making a false statement in relation to his age or residence, upon such requirement, shall be guilty of a felony. § 12. After the canvass of the votes each register so checked and such certified copies shall be filed in the office in Electiox Laws of 1890. 49 which the poll-lists of such election in such district are required by law to be filed. § 13. All meetings of the board of registry shall be pnbhc. Meetmgs, The lists and the register of voters and the certified copies Registers • flCC0Ssibl0 thereof shall at all reasonable hours be accessible to the public for examination or for making copies thereof. § 14. Each board of reo^istry shall have and exercise the Presen-a- of same powers in preserving order at their meetings as are given to ins23ectors of election for preserving order on elec¬ tion days. § 15. Every person dwellino^ in any building in a city shall information truly answer all questions asked by any elector of the city intermediate the first meeting of the board of registry therein for any election and the close of such election, relating to the residence and qualifications as a voter of all persons dwelling in such building, and of all persons who appear upon the list or register of voters made by such board as residing at such bnildinor^ and any person who shall willfully violate any pro- violation of . . A . 1 '' section. vision of this section shall be guilty of a misdemeanor. § 16. Any qnahfied elector in a city or town may challenge Elector may ^ . " " . ? challenge, and contest the rio^ht of any person to vote at any election in contest ~ right to any election district dn such city or town, or to have his name placed by the board of registry upon a list or register of voters at any election district in such city or to’svn. § IT. An V board of remstrv mav appoint one clerk to assist Board may . o . . i r appoint in the performance of the clerical duties of the said board for clerk, not more than four davs in cities and not more than three davs elsewhere. Such clerk shall take the constitutional V oath of ofiice before he enters upon the performance of his duties. § IS. The members and clerk of each board of registry compensa- shall be entitled to the same per diem compensation as members ^ and clerks. inspectors and clerks of election respectively for each day they are actually and necessarily employed in the perform¬ ance of their duties, to be paid at the same time and in hke manner. The reasonable and necessarv expenses of each Expenses board of registry for stationery, blanks, instructions, and other etc. 50 Chap. 321 . Administer¬ ing oaths and certify¬ ing affidavits. Affirma¬ tions. Penalties for violation of act, etc. Election Laws of 1890. incidental expenses shall be paid in the same manner as like incidental expenses of elections. § 19. Any member of a board of registry or of inspectors of election may administer any oath and certify any affidavit to be sworn before him which may be taken before or pre¬ sented to either of such boards, and no member of either of such boards or any other officer shall charge or receive any fee or reward for administering any such oath or certifying any such affidavit. § 20. An affirmation shall be equivalent to an oath for all purposes of this act. A i^erson is a qualified voter in any election district for the purposes of having his name placed on the list or register of voters by the board of registry thereof, if he is at the time qualified to vote at the election for which such register is made, or may become so qualified on or before the day upon which such election is to be held. § 21. Any person wdio shall cause his name to be placed upon any list or register of voters in more than one election district for the same election, or shall cause his name to be placed upon such list or register of voters in such district knowing that he cannot be a qualified voter therein at the election for which such list or register is made, or who shall falsely personate any registered voter, and any such j^erson causing any such act or aiding or abetting any person in any manner in either of such acts, shall be guilty of a felony, and punishable by imprisonment in a state prison for not more than five years. Any person who shall willfully lose, destroy or mutilate the list or register of voters in any election district, or any certified copy thereof after the making of the same and before the conclusion of the election for which the same are made, shall be guilty of a misdemeanor. If any member or clerk of a board of registry shall willfully violate any of the provisions of this act, or be guilty of any fraud in the execution of his office, he shall be guilty of a felony, and be punishable by imprisonment in a state prison for not less than two nor more than ten years. Election Laws of 1890. 51 § 22. The secretary of state shall cause to he prepared a sulhcient number of suitable books for lists and registers of voters, with blank certilicates and brief instructions to boards of registry therein, for use by such boards in preparing lists and registers of voters in pursuance of this act, and shall furnish to the county clerk of each countv at least sixty days before each election to which this act is applicable a sufficient number of copies of this act to furnish one to each inspector of election in such county, and a sufficient number of such K/ ' blank-books to furnish five to each board of registrv in such countv, and each countv clerk shall cause the same to be 7 t, distributed accordingly within ten days after tlie receipt thereof. § 23. Xo Saturdav shall be deemed a holidav, nor shall any Saturday afternoon be deemed a half holiday so as to affect any meeting or proceeding of a board of registry. § 2d. The following laws are hereby re])ealed to wit: Chapter three hundred and eighty of the laws of eighteen hundred and fifty-nine; chapter five hundred and seventy of the laws of eighteen hundred and seventy-two ; chapter eight hundred and twentv-four of the laws of eighteen hundred Chap 321 . Preparation and distri¬ bution of blanks, etc. by Secre¬ tary of State. Duty of county clerk. Saturday holidays, not to affect. Laws repealed. and seventy-three ; chaj^ters one hundred and forty-two, four hundred and sixty-five, five hundred and eight and five hun¬ dred and seventy-six of the laws of eighteen hundred and eighty ; chapter eighteen of the laws of eighteen hundred and eighty-one; chapter thirteen of the laws of eighteen hundred and eighty-two ; chapter five hundred and eight of the laws of eighteen hundred and eighty-three; chapter one hundred and sixty-one of the laws of eighteen hundred and eighty-four; chapter six hundred and forty-nine of the laws of eighteen hundred and eighty-six; but such repeal shall not affect or Acts, etc., • • 1.1 *11 • 1 *1 not iiffcctcd, impair any act done, or right accruing, accrued or acquired, or liability, penalty, forfeiture or punishment incurred prior to July first, eighteen hundred and ninety, under or by virtue of any law so repealed, but the same may be asserted, enforced, prosecuted or inflicted as fully and to the same extent as if such law had not been repealed ; the repeal of 52 Electiox Laws of 1890. Chap. 355 . Prosecution of pending actions, etc. When to take effect. Elections. Registrars and in¬ spectors, duties of. Boards of registry, annual meeting of. any such law which repeals a prior law, shall not restore such 23 rior law; and all actions or proceedings, civil or criminal, commenced under or by virtue of the laws so repealed and pending on June thirtieth, eighteen hundred and ninety, may be prosecuted and defended to final effect, in the same man¬ ner and with the like effect as they might under the law& then existino^. § 25. This act shall take effect July first, eighteen hundred and ninety. Clnapter 3oo. AX ACT TO Amend Sections Seven, Xine and Eleven of Title Twenty of Chapter Five Hundred and Eighty- three OF THE Laws of Eighteen LIundred and Eighty- eight, Entitled An Act to He vise and Combine in a Single Act all Existing Special and Local Laws Affecting Public Interests in the City of Brooklyn,” WITH BeFERENCE to ELECTIONS. Approved by tbe Governor May 17, 1890. Passed, tbree-fiftbs being present. The Teojyle of the State of New To'rh, rejyresented in Senate and Assemhly, do enact as follows: Section 1. Section seven of title twenty of chapter five hundred and eightv-three of the laws of eighteen hundred Of/ O and eighty-eight is hereby amended so as to read as follows: § 7. The said registrars of electors shall make the registry hereinafter provided for, in the city of Brooklyn, and the said registrars and ins^^ectors shall hold the elections herein¬ after mentioned and preside at the same, and have and possess all the powers, and be subject to all the duties and liabilities of inspectors of election. The registrars of each election district shall meet at the place designated for hold¬ ing the poll therein at the next general election, on Tuesday four weeks, TTednesday of the third week, and Friday and Saturday of the second week preceding the day of the Election Laws of 1890. 53 November election of each year, for the purpose of register¬ ing the names of the legal voters of such election district, and for this purpose they shall organize themselves as a board of registry in each election district, and appoint, or in case tliey cannot agree, select by lot, one of their number as chairman of the board. The said board shall be and remain in attendance on each of the davs above named, at said designated place, from seven to ten o’clock in the fore¬ noon, and from three to ten o’clock in the afternoon, for the purpose of making a Hst of all persons who are, or will be on the day of the next election, qualified and entitled to vote at such election in said election district, under and in accordance with the provisions of the Constitution and laws of this State, and who have personally appeared and asked to be registered. The name of no j)erson shall, at any time, be entered upon said registry unless the elector shall per¬ sonally appear before said registrars. Such list, when com¬ pleted, shall constitute and be known as the registry of electors of said district. Each member of said board shall make a list of qualified voters in the district, and enter therein, under the heading of the street or avenue in which each voter resides, his name, age, residence, and the duration of his residence in the State, in the county, and in the elec¬ tion district; and no person shah be registered unless he be at the time or will be on tlie dav of the next election a resi- dent and qualified voter within the election district; and it shall be the dutv of the resfistrars receivino- his name, if such person be challenged, or in case such registrars shall have cause to suspect such person is not a resident of such district, or is from any cause disqualified from voting therein, to administer to him the same oath which the law prescribes shall be administered to a challenged person attempting to vote at a regular election, and such registrars shall make a memorandum on the registry opposite the name of every person who has been thus sworn. The fact that such person has been thus sworn shall not prevent his being sworn again if challenged for any cause, when he attempts to vote at the ' Chap. 355 . Organiza¬ tion. Chairman. Honrs for registration. List of voters. Personal appearance necessary. Registry of electors. Oath, when to be ad¬ ministered to applicant, etc. 54 Election Laws of 1890. Chap. 355 . Production of natural¬ ization papers, etc. Mistakes of legal voters in register¬ ing, correc¬ tion of. Certificate to voter. Entry of name in register of another district. Registry lists, copies to be made. Entries therein. next election. It shall he the duty of every naturalized citizen, before being registered, to produce to the registrars, if any registrar shall require, his naturalization papers for their inspection, and to make oath before them that he is the person purporting to have been naturalized by the papers so produced, unless such citizen was naturalized previous to eighteen hundred and sixty-seven, and any person know¬ ingly taking a false oath before such registrars shall be pun¬ ished as for willful and corrupt perjury. If at any time, on or prior to the Thursday preceding the day of election, the board of registrars in any election district shall be satisfied that any person otherwise eligible as a voter in the said city has bv mistake been remstered in the election district in ' O which said board shall have been and shall be serving, and shall be entitled to be registered in another district in the same ward, they sliall strike his name from their said registry,, and thereupon give to such voter a certificate signed by said board that his name has been stricken from their said registry on account of such removal, and shall strike his name ofi from the registry on which it has been entered; and on presentation of sucli certificate to tlie registrars of the district to which he shall have so removed, at their final meeting on the Thursday preceding the day of election, his name shall be entered on the registry in such district, with a mem¬ orandum of such removal. § 2. Section nine of title twenty of chapter five hundred and eighty-three of the laws of eighteen hundred and eighty- eight is hereby amended so as to read as follows: § 9. On the Monday next after the last of the four days, hereinbefore provided for the registration of voters, the said registrars of each election district shall make and com¬ plete four additional lists of said registry, and enter therein the names of the j^ersons registered, under the heading of the streets or avenues in which they reside, their age, place of residence, in numerical order, length of time of residence in the State, in the county and in the election district, and in a column headed “remarks ” if to be challenged, as follows : Election of 1890. 55 Xame of Street ok Avenue. Chap. 355. Form of lists. Residence number or other designa¬ tion. Name of voter. Age Length of residence in the State. Length of residence in the county. Length of residence in the district. Remarks (to be chal¬ lenged). The said lists when so comjDleted shall be signed and certified by each registrar. Two of the said lists shall be carefully preserved by the board of registrars for use on the day of election, and the other two lists shall be delivered on the following day, to the board of elections, and it shall be the duty of the said board of elections to print and distribute for each ward respectively fifty times as many copies of said list, as there are districts in the ward, in pamphlet form, so that each ward pamphlet shall contain the lists of the several elec¬ tion districts in each ward. It shall also be the duty of the said board of elections to select and hire all polhng places and place them in proper order and condition ; to furnish to the various election officers provided for in this title, such regis¬ tries, maps, books, blanks, instructions and stationery as may be necessary for the ]3roper discharge of their duties. § 3. Section eleven of title twenty of chapter five hundred and eighty-three of the laws of eighteen hundred and eighty- eight, is hereby amended so as to read as follows : § 11. It shall be the duty of the said registrars and said inspectors to act as inspectors of elections in the districts wherein they are appointed at the next general election after such appointment. They shall together form a board of inspectors of election by appointing, or in case they cannot agree, selecting by lot one of their members to be chairman, and shall also designate two of their number at the opening of the polls who shall check the name of every voter voting in such district whose name is on the registrv, and no vote shall Certifica¬ tion. Custody of lists. Printing and distri¬ bution. Polling places and supplies for. Inspectors of election. Board, how formed. Checking of names on lists. 56 Election Laws of 1890. Chap. 355 . Right of challenge. Unregis¬ tered per¬ sons not to vote. Powers and duties. Hourly entry, etc., upon poll- lists. be received at any general election unless the name of the person offering to vote be on the said registry; and any person whose name is on the registry may be challenged, and the same oaths shall be put as are now prescribed by law, and no person shall be permitted to vote at any election in the city of Brooklyn unless his name shall have been duly registered in accordance with the provisions of this title. It shall be their duty to be in constant attendance during the hours allotted for the discharge of their duties. They shall j^erform all the duties and possess all the powers of inspectors of election in the several towns of this State, as now provided by law. The inspectors shall cause the la]3se of every hour to be entered uj^on the margin of the j^oll lists, beginning at the opening of the j^olls and continuing from hour to hour, by noting the hour opposite to the name of the respective voter, and causing their chairman to sim his name under each entry, and shall also enter the time of the closing of the corapensa- polls opposite to the name of the last voter. The compensa- eiection tion of the regcistrars, as registrars, shall be four dollars each per day, for six days only, and the compensation of each inspector shall be five dollars, and that of the poll clerks shall be five dollars for the election and five dollars for the canvass, and each canvasser shall receive five dollars for the canvass, and shall be exempt from jury duty for one year Power to thereafter. The registrars and the inspectors of elections preserve ^ ^ ^ ^ ^ ^ order. and caiivasscrs in each election district, while discharging any of the duties imposed U 2 :)on them by this title, shall have full power and authority, and they are hereby required to pre¬ serve order and enforce obedience to their lawful commands at and around the place of registration or election during the day of any registration, revision of registration, election or canvass, estimate or return of votes, to keep the access to such place open and unobstructed, to prevent and suppress riots, tumult, violence, disorder and all improper j)ractices tending to the intimidation or obstruction of voters, the dis¬ turbance or interruption of the work of registration, revision of registration, or voting or the canvass, estimate or return Election Laws of 1890. 57 of votes, and to protect the voters, challengers, and persons designated to watch the canvass of any ballots from intimida¬ tion or violence, and the registries, poll-books, boxes and ballots from violence and fraud, and to appoint or dej)utize, if necessary, one or more electors to communicate their orders and directions and to assist in the enforcement thereof. § 4. All acts and parts of acts inconsistent with this act are hereby repealed. § 5. This act shall take effect immediately. Clnapter 330. A'N ACT TO Provide for the Expense of Conducting Public Elections. Approved by the Governor May 14, 1890. Passed, three-fifths being present. The People of the State of Neio York^ represented in Senate and Assembly^ do enact as follows : Section 1. The appropriate boards or other public bodies or officers authorized by law to make appropriations or to provide for the expenses of public elections, are hereby authorized and empowered to make such additional apjiro- priations or provisions during the year eighteen hundred and ninety as may be found to be necessary to meet such expenses of elections as are made by law a charge upon their respective counties, cities, towns or villages. § 2. Such approj^riations may either be included in the amount to be raised by taxation upon the property real and personal within the county, town, city or village, upon which such election expenses are made a charge by law, or certifi cates of indebtedness or revenue bonds may be issued or sold at not less than their par value in order to provide the funds necessary to meet such expenses, and the sums requisite to redeem and pay the same shall be included in the tax levy of the ensuing year. § 3. This act shall take effect immediately. Chap. 3.30. To prevent fraud in canvass, etc. Repeal. Additional appropria¬ tions may be made. Moneys therefor, how raised. •'• y.‘ t i!** ,^ - ■% ' iw •' V' "■ ■ '>’ ■■' • '''■-'i •« ■.51tll ^ ^ ^ < V-- -I ■■ ** » * •''-■rT&r-M f f'-v ri>.i fe*:; aisMta^ •: - ^iv C‘ * ^ A^*V' V' [?• l<€?IW »V *■ .,-• 'vv,- _ ■ - r-,y • .S*-^ ‘ • .; “/V ' i*. .^{i ^ ^m ‘. - -qil- », - . 1 * ; y*''V ■ ' >, Z, ' %' I ■ ■• v;'-':^f''ji?i« .'■.wm I .V ' •' ■ V f ' ■-‘U ., ♦♦! %><» 75»A yV." - 1 i • ' T • - 1 •";, *> ■ ' ' /* ■ , ,., . --■ ,y ‘ta ■ '-:• '■>>“^ “ift'f ■ i: - JT -ojfe.'’- ',/. . .y .. .'/-.ji**’.-*- ^Sr"*Tr^ . _ ‘ .' SMi •,.: .’i] VdttS’vWt • **'•. Forms and Instructions [For filing this Certijicate, see section 8, chapter 262, Laws 1890.] Party Convention Certificate of Nomination for a State, Congressional,, Senatorial or Judicial Office, in a Division or District greater than a County. To the Secretary of State, Albany, F. Y. : We certify that at a convention of delegates representing the. party, held.. 189.., a party which, at the last preceding election, polled at least one per cent of the entire vote cast in the. (State, division or district.) for which the nomination is made, the following-named persons were placed in nomination for offices to he filled at the next ensuing general election : Ofiice to be filled. Name of the candidate. / Party or political principle represented. Place of residence of candidate.* (Signed.) Presiding Officer of Convention. (Residence, city or town, street and number, if any.) Attest : Secretary of Convention. (Residence, city or town, street and number, if any. STATE OF NEW YORK, County of. A B and C D, being severally sworn, each for himself, says that the said A B was the presiding officer of the convention of delegates mentioned and described in the foregoing certificate, and that the said C D was the secretary of such con¬ vention, and that said certificate and the statements therein contained are true, to the best of his knowledge and belief. A B. C D. Severally subscribed and sworn to before ) me, this.day of., 189.. 1 E F., {Notary Public or Justice of the Peace.) * If in a city, the street and number of his residence and place of business. 60 FoBJIS AXB lySTRUCTIONS. [^For JiUng this Certificate, see section 8, chapter 2C2, Laws 1890.] Party Cominittee Certificate of Nomination for a State, Congressional, Senatorial or Judicial Office, in a Division or District greater than a County. To the Secretary of State, Albany, F. T. : TTe certify that at a meeting of the ( ...) Committee representing the. part}, held., 189.., a party which, at the last preceding election, polled at least one per cent of the entire vote cast in the State, said committee, acting under authority of the following resolution, passed., 189.., at a convention of delegates : (Ilere insert resolution passed by convention.) placed in nomination for the offices to be tilled at the next ensuing election the following named persons ; Office to be filled. Name of the candidate. Partj' or political principles represented. Place of residence.* (Signed.). Chairman of . State Committee, (Eesidence, city or town, street and number, if any.) Attest : . Secretary of . State Committee. (Residence, city or town, street and number, if any.) STATE OF NEW YORK, \ ’ !- ss. : County OF. ' A B and C D, being severally sworn, each for himself, says the said A B is the chairman of the State Committee of the...party mentioned, and pre¬ sided at the meeting described in the foregoing certificate, and that the said C D is the secretary of the State Committee of the.party mentioned, and acted as secretarv at the meeting described in said certificate, and that said cer- tificate and the statements therein contained are true, to the best of his knowledge and belief. A B. C D. Severally subscribed and sworn to before ) me, this.dav of.189. ^ E F, {Xotary Public or Justice of the Peace.) Note. — The above form of certificate can be used in committee nominations in divisions less than a State. * If in a city, the street and number of his residence and place of business. For:)is and Ixstructioxs, 61 {For fiUng this Certificate, see section 8, chapter 262, Facs 1890.] Nomination Certificate for any Office, when made Otherwise than by a Convention, Committee or Primary Meeting, Pursuant to Section 5. To the Secretary of State, Albany, 3. I". .* "\Ve, the undersigned, duly qualified voters of the State of New York, at a meeting held.. 189.., in accordance with the provisions of chapter 262 of the Laws of 1890, hereby make the following nomination for ofiices to be filled at the next ensuing election in the. (State district or election division.) i Office to be filled. ^ Name of the candidate. t Political name which signers select.* Place of residence of the man nominated, t . And we do designate and appoint (Name, residence and place of business.) to represent the signers of this certificate for the purposes set forth in section 17 of chapter 262 of the Laws of 1890. (Name.). (Residence.). (Give city or town, street and number, if any.) Signatures.^ Eesidences, town or city, street and street number, if any. * Not more than five words to be used. t If in a city, also the street and number of residence and place of business. X As to the number of names to be signed to this certificate, see section 5, chapter 262, Laws 1890. 62 Forms amd Ixstructioxs. Acknowledgment and Afiddavit of each. Signer to be Annexed to the Certificate signed by him. STATE OF XEW YORK, i . County of. > Ou this.day of. 189.before me, personally appeared A B, to me known to be one of the persons described in and who signed the fore¬ going certificate and acknowledged that he signed the same, and the said A B, being by me duly sworn, deposes and says that he is a voter in the. of.in said county, and that he has truly stated his residence in his statement of his place of residence added to his said signature. AB. Acknowledged, subscribed and sworn to ) before me, this... .day of...., 189.. ^ EF, {Xotary Public, or Justice of the Peace.) Note. —It is not necessary that each signer should acknowledge separately. All or any number may he included in one acknowledgment and affidavit. \For filing this Certificate, see section 8, chajoter 262, Laws 1890.] Convention Certificate of Nomination for a Candidate Voted for by the Voters of only one County or a Portion of a County. To the County Clerk of . County, State of Few York: Ys e certify that at a convention of delegates representing the. party, held., 189.., a party which, at the last preceding election, polled at least one per cent of the entire vote cast in. (Name county or election division.) for which the nomination is made, the following named persons were placed in nomination for offices to be filled at the next ensuing election : Office to he filled. Name of the candidate. Party or political principle represented. Place of residence of candidate.* . . (Name.) Presiding Officer of Contention. (Hesidence, city or town, street and number, if any.) Attest : . Secretary of Contention. (Residence, city or to^^•n, street and number, if any.) * If in a city, the street and number of his residence and place of business. Forms and Instructions, 63 STATE OF NEW YORK, County of . A B and C D, being severally sworn, each for himself, says that the said A B was the presiding officer of the convention of delegates mentioned and described in tlie foregoing certificate, and that the said C D was the secretary of such conven¬ tion, and that said certificate and the statements therein contained are true, to the best of his knowledge and belief, A B. Severally subscribed and sworn to before ) C D. me this.day of.. 189.. ^ E F, {Notary Public or Justice of the Peace.) \^For fling this Certificate, see section 38, chapter 262, Laws 1890,] Certificate of Nomination for a Ward, Town or Village Office. To the (Town or City) C lerk of . We certify that at a primary meeting of the voters of the.party, held., 189.., a party which, at the last preceding election, polled at least one per cent of the entire vote cast in. (Name of ward, town or village.) the following named persons were placed in nomination for the offices to be filled at the next ensuing election in the.. (^ullage, ward or town.) Office to be filled. Name of the candidate. Party or political principle represented. Place of residence of candidate.* (Name.). Presiding Officer. (Residence and address.) Attest: (Residence and address.) Secretary. ♦If in a city, the street and number of his residence and place of business. 64 Forms axd Ixstructioxs. STATE OF NEW YORK, ) ’ r ss. : County of. ) A B and C D, being severally sworn, each for himself, says that the said A B was the presiding officer of the primary meeting mentioned and described in the foregoing certificate, and that the said C D was the secretary of said primary meeting, and that said certificate and the statements therein contained are true, to- the best of his knowledge and belief. A B. Severally subscribed and sworn to before } C D. me, this.day of.. 189.. ^ E F, {Notary Public or Justice of the Peace.) Form of Printed Poster or List to be sent by County Clerk to each. Town Clerk or Alderman in County or City. [Same to be posted by Town Clerk or Alderman in election districts. Posting of same not required in any city where publication of same has been made in two or more daily papers.] To the {Town Clerk oi' Alderman) of {Town of. . or . Ward of .) .• Please take notice that the following named persons have been nominated as candidates for office, to be voted for at the next ensuing election to be held in your (town or ward) on., 189.., as follows: Name of the candidate. Place of residence.* Office to be filled. Party or political principles representing. . (Signed) Clerk of . County. * If in a city, the street number of residence and place of business. I I'oiiJis AND Instructions. 65 \ r . List of Nominations to be Published by County Clerk. \ To the Voters of { . county): I » The followinsr is a true and correct list of all nominations to office certified to ' O [ me pursuant to the provisions of chapter 2C2 of the Laws of 1890. Name. Residence.* Office to be filled. Party designating candidate. (Signed.) Clerk of. . County. \FoTm of card to he prepared and printed in one or more languages by County Clerks, to he distributed in each voting district and hung in each voting booth election day.'] \ Instructions for the Guidance of Voters. A full set of ballots may be obtained by a voter of the ballot clerks, at the polls of the election on election day, upon the voter announcing his name to the elec¬ tion officers. On receiving his ballots the voter shall forthwith, and without leaving the inclosed space about the polls, retire alone to one of the voting booths and prepare his ballot, remaining in the booth three minutes. If, by reason of physical disability, he is unable to prepare his ballot without assistance, and so declares under oath to the inspectors of election, he may bring with him into the voting booth a person of his own selection to assist him in the preparation of his ballot. He may vote the ballot as printed, or write or paste upon it the name of any person for whom he desires to vote for any office. He may also take with him. into the booth a printed paster ballot of his own selection or prepa.ration, containing the names of all the offices to be filled and of the candidates therefor for whom he desires to vote ; and he may paste such ballot on any of the official ballots below the stub. The paster ballots must be of white paper, printed in type uniform with the official ballot, and so attached to the official ballot that when the ballot is folded no portion of the paster shall be visible. If the voter spoils any one of a set of ballots in the preparation of his ballot, he maj’’ receive another full set of ballots from the ballot clerks by returning to them the set of ballots containing the spoiled ballot; but not more than four full sets can be thus obtained. After preparing his ballot, and before leaving the booth, the voter must fold all the ballots of the set by folding : First. Lengthwise, up to the perforated line * If in a city, state street number of residence and place of business. 5 66 Forms and Instructions. across the top. Second. Then folding crosswise, in such a way that the contents of the ballot shall be concealed, and the stubs removed without exposing any of the contents. He shall then deliver the ballot which he desires to vote to the inspectors of election, who after removing the stub, shall deposit the same in the ballot-box; and the voter, after having thus voted, shall then deliver to the inspectors the remainder of the set of ballots delivered to him by the ballot clerk, and not voted. No voter can remain in a voting booth longer than ten minutes. § 32. No person shall (1) falsely make, or make oath to, or fraudulently deface, or fraudulently destroy any certificate of nomination, or any part thereof; or (2) file or receive for filing any certificate of nomination knowing the same or any part thereof to be falsely made ; or (3) suppress any certificate of nomination which has been duly filed, or any part thereof; or (4) forge or falsely make the official indorse¬ ment of any ballot. Every person violating any of the provisions of this section shall be deemed guilty of a felony and upon conviction thereof shall be punished by imprisonment in state prison not less than one year nor more than five years. § 33. No person shall, during the election, remove or destroy any of the supplies or other conveniences placed in the booths or compartments for the purposes of enabling the voter to prepare his ballot, nor shall any person prior to or on the day of election deface or destroy any list of candidates posted in accordance with the provisions of this act. No person shall, during an election, remove, tear down or deface the cards printed for the instruction of voters. Every person willfully violating any of the provisions of this section shall be deemed guilty of a misdemeanor. § 35. No person shall do any electioneering on election day within any polling place, or in any public street or room, or in a public manner, within one hundred and fifty feet of any polling place. No person shall remove any official ballot from any polling place before the closing of polls. No person shall show his ballot, after it is prepared for voting, to any person, in such a way as to reveal the contents, nor shall any person solicit the voter to show the same; nor shall any person (except an inspector of election), receive from any voter a ballot prepared for voting. No voter shall receive an official ballot from any other person than one of the ballot clerks having charge of the ballots, nor shall any person other than such ballot clerks deliver an official ballot to such voter. No voter shall place any mark upon his ballot by means of which it can be identified as the one voted by him. Every voter who does not vote or deliver, in the manner hereinbefore and in section twenty-five of this act provided, the ballots received by him from the ballot clerk, shall, before leaving the polling place or going outside the guard rail, return each such ballot to the ballot clerks. Whoever shall violate any jDro- vision of this section shall be deemed guilty of a misdemeanor. But nothing herein contained shall prevent any person from receiving or delivering an unofficial sample ballot, or from receiving, delivering and voting an unofficial ballot in the contingencies provided against by section twenty-one of this act. Forms amd Iisstructioms. 67 Acceptance of Nomination. To the {Secretary of State or County Clerk of . County'): Sir. —Please take notice that I accept the nomination for the office of. tendered me by the (convention, primary or voters) of the.party, held at.or.189.. Dated. Respectfully, etc. Certificate of Appointment of Ballot Clerks. 'We certify that we have this day appointed A B and C D, two of our number, to serve as Ballot Clerks at this poll during the election this day. A B representing the inspectors elected and C D the inspectors appointed. (Signed.). Dated. Inspectors of Election. Oath, of Office Prescribed by Law for Elected Inspectors of Election. I do solemnly swear that I will support the Constitution of the United States, and the Constitution of the State of New York, and that I will faithfullv dis- charge the duties of the office of. according to the best of my ability. And I do further solemnly swear that I have not, directly or indirectly, paid, offered or promised to pay, contributed, or offered or promised to contribute, any money or other valuable thing, as a consideration or reward for the giving or withholding a vote at the election at which I was elected to said office, and have not made any promise to influence the giving or withholding any such vote. (Signed.). Subscribed and sworn before me, ) this.day of.189.. > Inspector of Election. Oath, of Office Prescribed by Law for Appointed Inspectors of Election, Ballot Clerks and Clerks of Election. I do solemnly swear I will support the Constitution of the United States and the Constitution of the State of New York, and that I will faithfully discharge the duties of the office of (Inspector of Election or Ballot Clerk, or Clerk of Election) according to the best of my ability. (Signed.).. Subscribed and sworn to before me, ) this.day of.189.. Inspector of Election. 68 Forms and Instructions. Oath, to be Administered by Inspectors of Election to Voters Unable, by Reasons of Physical Disability, to Prepare their Ballots. You do solemnly swear and declare that, by reason of physical disability, you are unable to prepaie your ballot to be voted at this election without assistance, and you have selected iNI..to assist you in the preparation of your ballot. [Jh he jiUd with County Clerk, or officer or hoard which prepared the ballots toted.^ Ballot Clerks’ Certificate of Ballots Cast. This is to certify that at the.election, held at the.district poll in the Town of., County of., on., 189 the whole number of ballots of each kind voted, were (Democratic or other party). (Republican or other party). (Prohibition or other party). (Equal Rights or other party). Total. The number of ballots of each kind delivered to voters were (Democratic). (Republican). ( . ) . ( . ) . . Total. The number of spoiled ballots of each kind returned : (Democratic). (Republican).. ( . ) . ( . ) . Total. The number of ballots of each kind not delivered to voters: (Democratic). (Republican). ( . ) . ( . ) . Total Forms and Ixstructions. 69 The number of detached stubs returned by voters: . Total. (Signed.).. . Dated Ballot Clerks. Town Clerks or City Clerks Receipt for OflS.cial Ballots Received from County Clerk. Received of.Clerk of.county, One package of official ballots, containing.ballots (.party.) One package of official ballots, containing.ballots (.party.) One package of official ballots, containing.ballots (.party.) Dated Signed {Town or City) Clerk. Election Inspector’s Receipt for Official Ballots Received from Town or City Clerk. Received of.(city or town) Clerk. One package of official ballots, containing.ballots (.party.) One package of official ballots, containing.ballots (.party.) One package of official ballots, containing.ballots (.party.) Dated Signed Inspectors Election. List. Poll {Town or City). r# if ^ . fi^y '^. •••. ■ - ^l"-' • •• ^ ^ • 4.- MViv rv "Si--- ,1 r- C-V - ■ ' fk . ' .•'... >•11 .jf. I 141 3 . : t^:&r ■-r^-H '• ijffr * -^affi' -TSjk. L-C . ^' . , ■ ' .i. t -*•*■>* .. -t-: ^,1/,. sV- “4‘ ’"■ _>- • ^ Mmr: - >« • ■ f«J T.*^' ^'’ • ■■ A‘Vl; • •--* p. U.J • ' ?• •, . • *S-.' k\ V '. -■ • r/- i.’' n r •‘ #.* ’ > . ..- t. .•( -\l-r ' *3 > ?.• i » * k, i '*r/f ' ’ ".■ V v'R'''' * ‘ * *'■ ■A'- >i--:.p'''’ ^ i r.v> .?- •, ^ ..-il Pt. . f'*^* *; jKwEfi ^ . • '• J*. . ■ ) I ^ •- ' 7* ■! r*‘5’ v'i*%.v- .- . 'Ji .V ji iy V i v'Sw . .• a V . ■ ^ >•• • ' -J « ■ ' ... ■» ' «•!•.' * J w'' 'TW IXDKX TO Ballot Reform Law. A. Acknowledgment and Affidavit. page. form of, for signers to certificates. 62 Aldermen: ’ list of candidates sent to. 16 posting of, by. 16 Appointment: ballot clerks.23, 24 inspectors. 36 poll-clerks. 36 Ballot-boxes: arrangement of. 24 ballots cast for candidates, box for. 21 ballots, how deposited in. 27 distance between, and guard-rail. 25 expense of providing. 25 furnishing of. 25 unvoted ballots, box for. 27 Ballot Clerks: ballots placed in charge of. 25 designation and appointment of.23, 24 duties of. 25 form for appointment of... 67 certificates by. 68 oath of. 67 record of ballots delivered by. 25, 28 spoiled ballots, replacing of, by... 28 statement by, accounting for ballots. 28 vacancies in office of. 23 Ballots: county clerk to provide. 18 when to be in possession of . 18 72 Index to Ballot Reform Law. Ballots — Continued. page. defective ballots, marking and preservation of. 30 delivery of, penalty for neglect. 31 destroying or suppressing. 31 kinds of ballots. 19 official ballots. 19 canvass of. 30 contents of .... 19 delivery of, to town and city clerks. 21 errors and omissions in, correction of. 21 expense of printing and distribution. 11 folding of, by voter. 27 form for. 20 furnishing of, by town and city clerks. 22 indorsement on ... 20 forging.. 31 names of local candidates on. 20 names of office only on. 18 when only printed on. 20 names on, approval of.... .. 19 number to be furnished election districts. 21 paper and ink for. 20 preparation of, by voter. 26 receipts for delivery of. 22 form for. 69 receiving and depositing by inspectors. 27 record of ballots delivered to voter. 25, 28 removal of, from polling places. 32 showing of, after preparation by voter. 32 size. 20 style of printing. 19 stub of. 19 stubs of, how numbered. 20 paster ballots, use of. 26 receipts for delivery of. 22 form for. 69 sample ballots.18, 19 use of. 27 when printed and in possession of clerk. 18 spoiled ballots, replacing and preserving of. 28 unofficial ballots, preparation of, by voter.. . . 28 use of. unvoted ballots, delivery of, to inspectors. disposal of. . preservation of. Index to Ballot Reform Law. 73 Ballots — Continued. page. unvoted ballots, statement as to. 28 stubs of. 28 preservation of. 28 where kept at elections. 25 Booths; See “Voting Booths.” Brooklyn; ballot-boxes in, who to provide. 25 ballots in, preparation and distribution of. 33 booths, etc., in, who to provide. 25 nominations other than by party organizations in. 13 Candidates; list of, defacing, etc. 31 errors in, correction of. 21 form for. 64 posting of. 16 publication of. 15 form for. 65 sent to aldermen and town clerks. 16 local candidates, names of, on ballots ... 20 names of, on ballots. 29 nomination of.12, 13 See, also, “Nominations.” Canvass of votes: order and manner of canvassing. 30 Cards of Instruction; defacing, etc., penalty for. 31 how provided. 30 posting of. 30 printing and contents of. 30 Challenges: on application for ballots. 26 when offering vote. 26 Challengers: provision for. 26 City Clerk ; ballots, delivery of, to. 21 distribution of, by, on election day. 22 preparation and furnishing of, by... 22 receipts for, form of. 69 to give. 22 compensation for services. 35 duties of, clerks of common councils to perform. 35 PAGE, 74 Index to Ballot Reform Law. Constitutional Amendments; publication of questions to be submitted by....... 18 Corporations : refusal by, of grant of absence to employes... .. 32 County Clerks : ballots, delivery of, by, to town and city clerks. 21 number, to be furnished districts by.. . 21 providing and printing, duty of, as to. 18 cards of instruction, to provide. . 30 certificates of nominations, filed with. 12 , 14 compensation of, for services... 35 constitutional amendments, duty of, as to. J 8 errors and omissions, correction of, by. . 21 list of candidates, sent by, form for..... 64 to furnish aldermen and clerks. 10 nominations, certain, certified to.16, 18 list of, form for...... 65 publication of, by. 15 receipts for ballots delivered, filed with. Decimation: nominations when void by. 10 notice of declination of nomination. . 16- Election Districts ; alteration of... 25 ballots for, number of. 21 Electioneering: restrictions on, near polling places.. 32 Electors : See "Voters.” Errors and Omissions; correction of. 21 Employes; entitled to absence for voting. 32 Employers: refusal of grant of absence, etc., to employes, penalty for. 32 Forms: ^ • acknowledgment and affidavit. 62 ballot clerks, appointment of... 67 certificates of, as to ballots cast. 68 Index to Ballot Reform Law. 75 - Forms — Continued. page. certificates of nominations by party conventions. 59, 60, 6^ other than by party conventions, etc. 61 list of nominations to be published. 66 nominations, acceptance of. 67 oath of ballot clerk. 67 clerks of elections. 67 disabled voters. 68 inspectors of election .... . 67 poster or list sent to town clerk or aldermen. 64 receipt for ballots received from county clerks. 69 received by inspectors. 69 Fulton and Hamilton Counties *. member of assembly of, certificate of nomination of. 12 nominations other than party organizations in. 13 Guard-rail: admission within, regulated expense of providing. how constructed and placed Inspectors: -*-• appointment of. ... . 36 ballot clerks, designation and appointment of, by. 23, 24 ballots, not to deposit certain. 29 receiving of ballots by..... 27 challenge of applicant for ballots, proceedings before. 26 duty of. ... 28 election of. . 35 form for oath of. .. 67 number of. 23 vacancies in office of. 23- Kings County: nominations other than by party organizations in. 13- Newspapers: selection of, for publication of list of nominations... 15 New York City: ballot boxes in, who to provide. 25 ballots in, preparation and distribution. 33 booths, etc., in, who to provide... 25 nominations other than by party organizations in. 13 senator of fifth senate district, certificate of nomination of, filed in. 13 Gr. . 24 . 25 . 25 Index to Ballot Reform Law. 76 Nominations: acceptance of, form for. certificates of, by party organizations.... by voters.. defacement of..... falsely made, filing and receiving of filing of.. time for. forms for.. . names on, restricted. objections to validity of. preservation of. . siffnins: of, restricted. suppression of duly filed. validity of. ., declination of.. list of, publication of. form for... party organizations, may make. town and village officers, how made... . vacancies in, how filled.. voters, may make.. PAGE. . 67 . 12 .. 13 . 30 . 30 . 12 . 14 59, 60, 61, 62, 63 . 14 . 17 . 14 . 14 . 30 . 17 . 16 . 15 . . 65 . 11 . 33 . 17 . 13 Tasters*. See “ Ballots.” Penalties; for violations of act.30, 31, 32 Poll Clerk: appointment of. 36 form for oath of ..... 67 number on stubs, to note. 25 oath of disabled voters, to note. 29 voters’ names, noted and numbered by. 25 Polling Places: arrangement of. 26 ballot-box for. 21 electioneering in, prohibited. 32 not to be within 150 feet of. 32 guard-rail at . 24 voting booths at. 24 See, also, “Voting Booths.” Public Officers; neglect of duty by, penalty for. 31 lyDEX TO Ballot Reform Law. Richmond County: R. senator of fifth senate district, certificate of nomination of, where filed... 13 Secretary of State: certificates of nomination, filing of, with. preservation of, by.... constitutional amendments, duty of, as to. nominations, certification of, by. vacancies in, duty of, as to. Supreme Court: validity of certificates of nomination, order of, as to Town Clerks: T. ballots, delivery of, to.. distribution of, by, on election day. preparation and furnishing of, by. receipts for, to give. form of.. compensation of, for services. list of candidates, posting of, by. sent to. Town Elections: application of act to. Vacancies: "V, inspectors. nominations, how filled. Village Elections: application of act, as to. Voters: announcement of name bv, to officers. assistance, not to receive, unless, etc. ballots, delivery of, to. folding of, by.:. marks on, not to place. preparation of, by. reception of, by, from ballot clerk only. showing of, prepared by. booths, occupancy of, by. challenge of, upon application for ballots. disabled voters, assistance for... assistants to, not to influence . not to divulge name. oath of, form for. . 12, 14 , . 14 ... 18 ... 15 ... 17 17 22 22 22 22 69 35 16 16 33 24 17' 25- 29 ... 26 ... 27 ... 32 26, 29 ... 32 ... 32 ... 28 ... 26 ... 29 ... 29 ... 29 ... 6S 78 Index to Ballot Reform Law. Voters — Continued. page. employes, entitled to absence for voting. 32 manner of voting by.25, 27 names voted by, revealing of. 31 not to divulge. 29 paster ballots, may use. 26 spoiled ballots ... .- . 28 unofficial ballots, preparation of, by. 28 unvoted ballots, to return.. 27, 32 Votes: canvass of. 30 See, also, “Ballots.” Voting Booths: arrangement of. 24 construction of. 24 expense of providing. 25 guard-rail, how placed in reference to. 24 New York and Brooklyn. 25 number of. 25 supplies for. 24 destroying. 31 who to provide. 24 Watchers revealing names voted, penalty for. 31 INDEX TO THE General Registration Law, Corrupt Practices Law, Etc. Bets or Wagers: Page. prohibited. 39 Board of Registry: appointment of electors, in place of members of. 43 challenges, to entertain. 46, 49 clerk of board. 49 compensation of members. 49 correction of lists by, how compelled. 47 duty of, in new districts. 46 in preparation of lists. 44 erasure of names on lists by. 47 meetings of. 42 meetings of, public. 49 Saturday half-holiday not to affect. 51 when held ... 43 new districts, duty of boards of. 46 oath, when to administer, to applicant . 47 oaths, etc., may administer. 50 order at meetings, powers of, to preserve. 49 organization of. 43 placing of names on list of voters by. 44 stationery, etc., for. 49 vacancies, manner of filling. 43 Bribery; acceptance of bribes. 38 conviction of, effect of. 41 forbidden at elections .’. 37 offenders against provisions as to, competent witnesses. 41 punishment for. 41 what constitutes. 37 Brooklyn ; general registry law not applicable to. ... 42 registration act amended. 52 80 Index to General Registration Law^ etc. Candidates: page. expenses of, statements of, to be filed, etc. 40 refusal to file, penalty for. 41 ^ Challenge ; oath to be taken upon, at elections. 4 g of applicant for registry. 45 of persons on list of voters.. 4 g right of persons to challenge... 4 g word “challenge,” when to be placed opposite name. 48 Cities : boards of registry in, meetings of. 42 list of voters, how prepared in .... . 44 Corporations: forfeiture of charter of. 40 influencing voters, etc., by, prohibited.. 40 pay envelopes, use of, by, to influence voters, prohibited. 39 Comity Clerk; convictions for bribery, duty as to. 41 registration act and blanks, distribution of, by. 51 statement of election expenses filed with. 40 Election Expenses; provision for payment of, by counties, etc., in 1890. 57 statement of, by candidates. 40 filing of. 40 refusal to file, penalty for. 41 Election Laws; certain, repealed. 51 certain, not affected. 51 pending actions under, prosecution of. 52 when to take effect. 52 'Elections; challenges at. 48 bribery forbidden at. 39 bets or wagers on, prohibited. 39 Elective Franchise; crimes against, defined. 42 interference with free exercise of, prohibited. 37 Electors; information to be given by. 49 may challenge. 49 statement required of, at registration. 48 See, also, “Voters,” Index to General Registration Law^ etc. 81 Employes: page. influencing of, by use of pay envelopes, etc., prohibited. 39' Employers: pay envelopes, use of by, to influence voters, etc., prohibited. 39 bills or placards, posting of certain by, prohibited. 39 Inspectors of Election: board of registry, to constitute. 42 challenges, duty of as to. 48 checking of names, by. 48 oaths, etc., may administer. 50 original register of voters, to have, at elections.; . 48 statements may be required by.. . 48 Goneral Registry Law: completed list of voters, known as. 44 violations of, penalties for. 50 when not applicable. 42 when to take effect. 52 Liquors: not allowed at place of registrj^. 43 not allowed at polling-place. 44 List of Voters: arrangement of, for additional names. 45 certifl cation of. 45 copies of, members of board of registry to retain. 46 to be posted. 46 correction of, how compelled. 47 custody of. 46 erasures of names from. 47 form of. 45 placing of names thereon. 44 preparation of. 44 See, also, “Register of Voters.” Oaths: O. administering of. 50 Pay Envelopes : p*, use of, prohibited. 39 Penalties: for violations of corrupt practices act . 41 general registry act . 50 6 PAGE. 82 Index to General Registration Law, etc. Placards: posting of, in factories, etc. Poll Clerks: entries on lists by. Poll Lists: certified copies of, when delivered to board. delivery of lists of preceding election to registry board. 46 entries in. 4 g ‘ Polling Places : not to be where liquors are sold, etc. 44 spirituous liquors not to be sold at. 44 Registry, Boards of: See “Boards of Registry.” Registry Acts: certain, not affected. 51 repealed. 51 pending actions under, prosecution of. 52 See, also, “ General Registry Law,” Register of Voters: accessible to public. 49 certified copies of, filed. 48 checking names on. 48 filing of. 48 list of voters, when completed, known as. 44 names to be checked on. 48 original register to be at polls. 48 preparation of. 44 See, also, “List of Voters.” Right of Suffrage: electors, when excluded from. 41 School Elections: general registry law, not to apply to. 42 Secretary of State: blanks, preparation and distribution of, by. 51 registration act, to furnish county clerks. 51 statement of election expenses filed with.. 40 Town Meetings: general registry law not to apply to 42 Index to General Registration Law^ etc. 83 Village Election: page. general registry law, not to apply to. 43 Voters: bets or wagers by, prohibited. . 39 bribery of, prohibited. 37 challenge of, on application for registry. 46 at election. 48 free exercise of elective franchise by, not to be interfered with .. . 39 intimidation of, prohibited. 39 personal appearance of, for registration. 44 registry list of. 44 statements may be required of, at elections. 48 statement required of, on application for registry. 47 unregistered, not to vote. 48 f •■^-• ■- « •• ' ?> - ^ 4 ‘ <• %■ f \-r' : I V.' ^1 -c i A .-rf'