the number and kind of packages, shall be given by each town and city clerk, and filed with the county clerk, who shall keep a record thereof, specifying the time and manner of the delivery. Each town and city clerk receiving such packages shall cause one of them to be delivered unopened and with its seals unbroken, to the inspectors of the election district marked thereon, at least thirty minutes before the opening of the polls, and shall take a receipt from such inspectors, specifying and describing the package, which receipt shall be filed in the office of such clerk; from the contents of the other package he shall, not later than the day preceding the election, place, or cause to be placed, in the proper receptacles in each ballot-machine the ballot captions, ballots and counter labels in the order as officially published, and shall post instruction cards and diagram posters within the polling room, accessible to voters, and set all labeled counters at ninety-nine hundred and ninety-nine. City and town clerks, charged with the duty of providing ballots, ballot captions, counter labels and instruction cards shall, in like manner, distribute them and take receipts therefor within their respective cities and towns. Such receipts shall be filed in the respective offices of the city and town clerks.

§ 10. Lost ballots.-If the ballots, ballot captions, counter labels or instruction cards shall not be furnished to the town or city clerk as required herein, or if after being furnished and delivered they, or any of them, shall be lost, destroyed or stolen, the clerk of such town or city shall cause other ballots, as nearly in the form as those lost, destroyed or stolen, as possible, captions, counter labels or instruction cards to be prepared, and deliver them to the inspectors of election in their several election districts, and the substituted ballots, ballot captions, counter labels or instruction cards shall be used at the election in the same manner, as near as may be, as those lost, destroyed or stolen. The inspectors may correct palpable errors therein and shall, in their statement of the election, specify such corrections as made by them.

§ 11. Preparation for voting. The inspectors of election and the poll clerks shall meet at their respective polling places in each election district thirty minutes before the time of the opening of the polls therein. The inspectors shall choose one of their number chairman, if not already so chosen and present. They

shall there have the ballots, ballot captions, counter labels and instruction cards, and shall break the package thereof, make and post conspicuously, and so as to be accessible, one or more diagram posters, two or more instruction cards and, if they shall be printed in different languages, at least two in each such language at said polling place. The diagram posters and instruction cards, so posted, shall not be taken down, torn, defaced or mutilated at such elections. The chairman shall retain one complete set of ballots, ballot captions and counter labels for use within the ballot machine, if needed. The inspectors shall then enter the voters' compartment of the ballot machine through the entrance door, and, if not already done, the chairman shall, in the presence of the inspectors, adjust and secure within the frames upon the keyboard the ballot captions, and ballots in the vertical numbered columns and to the left side of the push knobs of the same color as the ballots, and arranged in the same order as on the diagram posters. The chairman shall then, in an audible voice, read from the said columns consecutively, beginning with the column number one, the caption and the ballots thereunder, in the order that they appear on the keyboard. The inspectors shall see that all the names of the nominees for the same office appear and remain on the same horizontal lines, and that the ballots upon constitutional amendments, or other questions or propositions submitted, are arranged in pairs, successively captioned "for" and "against." The chairman shall then lock the bolt rod behind the lock button at the left side of the keyboard. The inspectors shall then leave the voters' compartment through the entrance door, and the authorized watchers may then inspect the interior of the voters' compartment, likewise entering and departing through the entrance door, which shall thereupon be closed and locked by the chairman. The chairman shall then fully open the sliding doors of the counter compartment, in the presence of the inspectors and watchers, and, if not already so done, set each and every labeled counter at 9,999, and announce that every counter is so set. The chairman shall then direct the two other inspectors to enter the voters' compartment, push in the push-knob of the uppermost ballot in column number one, and read aloud said ballot, where. upon the chairman shall insert in the receptacle of the counter thus indicated its counter label, if not already inserted, and shall audibly repeat the name, and, in substance, say his counter is

labeled and that all its dials are set at zero. They shall thus continue until all the push-knobs in column number one have been pushed in. One of the inspectors shall then go out through the exit door, thus releasing the push-knobs. The inspectors shall then re-enter the ballot machine, and they shall proceed with the remaining columns in all respects as with column number one. The two inspectors shall then leave the voters' compartment simultaneously, one going out through the exit door, the other through the entrance door. They shall all then see that the counter labels are in the same relative position opposite their respective ballots, and that all the ballots stand at zero. The chairman shall then adjust the public counter at zero. The counter compartment shall then be locked.

§ 12. Duties of inspectors.-During the time that the polls are open the chairman, or one of the inspectors, shall be stationed at the entrance door of the ballot-machine to act as doorkeeper. § 13. Voting. The polls being open, the voters shall pass through the opening in the outer guard-rail singly or in single file, and keeping in file, proceed to the inspectors' table. If the voter shall be found to be entitled to vote, the doorkeeper shall admit him to the ballot-machine through the entrance door, which shall be immediately closed and kept closed until said voter shall have come out through the exit door, and said exit door is entirely closed. The voter may be challenged at any time before he enters the ballot-machine.

§ 14. Disabled voters.—Any voter who shall be totally blind, without the use of either hand sufficient to push the knobs, or physically unable to enter or leave the ballot-machine without assistance, may choose from the inspectors or poll clerks, an assistant, who shall be admitted to the ballot-machine with him. The person so selected shall not, in any manner, request or seek to persuade or induce such voter to vote any particular ballot or for any particular nominee, amendment, question or proposition, and shall not reveal how such disabled voter voted, or what occurred within the ballot machine. After voting, one shall come from the ballot-machine through the entrance door first, the other through the exit door last. The name of the assistant shall be noted on the registers and poll-lists, opposite the name of the disabled voter and also the character of the disability. Intoxi cation, inability to read and write, and mental disability shall

not be regarded as physical disability. Such physically disabled voter may be examined under oath administered by any inspector as to his disability, and if he knowingly testify falsely, he shall be guilty of perjury and punishable therefor.

§ 15. Time of voting.-No voter shall remain within the ballotmachine longer than one minute. If he do so, he shall be requested to leave the ballot-machine, and if he refuse, he shall be removed, and the inspectors may call for such aid as shall be needed so to do.

§ 1. Instructing voter within the ballot-machine-In case any voter within the ballot-machine shall ask the doorkeeper any question concerning the manner of voting, the doorkeeper shall summon another inspector of a party other than his own, and the question shall then be answered in the presence of both such inspectors; but under no circumstances shall advice be given as to how or for whom the voter shall vote.

§ 17. Canvassing the vote.-As soon as the polls are closed, the entrance door of the ballot machine shall be locked. The inspectors shall then, in the presence of the watchers, unlock and open the sliding doors of the counter compartment, only so far as to fully expose the full width of the wire-meshed guard door. The chairman shall read or announce, reading from left to right, the result in an audible voice to the others, as shown by the dials and they shall each and all observe and record the total number of votes registered for each respective candidate and upon each constitutional amendment, question, or other proposition as registered and declared by such ballot machine register, and such ascertainment of the results shall be deemed to be the canvassing of the votes cast at such election. The wire-meshed guard door shall not be unlocked or opened at any time during the canvass. They shall then close and lock the counter compartment doors and shall observe and record the total number of voters who have voted in the ballot machine by transcribing the number shown by the dials of the public counter.

§ 18. Certified statement.-Upon the completion of the canvass, the inspectors shall make and sign a written statement thereof, showing the date of the election, number of the districr the town or ward and the county in which it was held, the whole number of votes cast for each office, the whole number cast for each nominee for such office and the whole number cast, respectively, for and

against each constitutional amendment, question, or other proposition submitted. Copies shall be made and filed and proclamation of the result of the election made as now required by the elec tion law.

§ 19. Ballot clerk.-No ballot clerks shall be elected or appointed in any town or city that shall have adopted the use of the ballot machine.

§ 20. Election law. The provisions of the election law not inconsistent with this chapter shall apply with full force to all towns and cities adopting the use of the ballot machine.

§ 1. Additional ballot machines.-Nothing herein contained shall prevent the use of more than one ballot machine in any polling place during an election.

§ 22. Mistakes and omissions.-A departure in matters of form or method from those prescribed herein not tending to prejudice the substantial rights of the voter, shall be disregarded, and the provisions of this chapter shall be liberally construed to effect the objects of the law.

§ 23. The counties of New York and Kings are excepted from the provisions of this act.

§ 24. This act shall take effect immediately.

Towns may purchase

use of cabinets.

Chap. 765.

AN ACT to secure independence of voters at town meetings, secrecy of the ballot, and providing for the use of automatic ballot-cabinets.

BECAME a law May 24, 1894, with the approval of the Governor. Passed, three fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Hereafter within this state any town or incorporated and order village may, by a majority vote of the town board, or board of trustees of such village at a meeting thereof, held not less than ten days before the time of the annual town meeting, or village election thereof is to be held, determine upon, purchase and order the use of one or more automatic ballot-cabinets at elections of Use of cabi- town or village officers; and thereafter at all elections of town authorized. Officers in said town, or officers of such village, until otherwise determined by said town board or board of trustees of such village

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