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CHAPTER VI

OF THE GENERAL LAWS.

[CHAP. 909 OF 1896.]

THE ELECTION LAW.

ARTICLE I. Times, places, notices, officers and expenses of elections (§§ 1-19). II. Registration of electors (§§ 30-36).

III. Primaries, conventions and nominations (§§ 50-66).

IV. Official and sample ballots, instruction cards and stationery

($$ 80-89).

V. The conduct of elections (§§ 100–114).

VI. County and state boards of canvassers (§§ 130-142).

VII. Voting machines (§§ 160-184).

VIII. Electors of president and vice-president and representatives in congress (§§ 190-198).

ARTICLE I.

TIMES, PLACES, NOTICES, OFFICERS AND EXPENSES OF ELEC

SECTION 1. Short title.

TIONS.

2. Date of general election.

3. Time of opening and closing polls.

4. Filling vacancies in elective offices.

5. Notice of elections by secretary of state and county clerk.

6. Notice of submission of proposed constitutional amendments or other propositions or questions.

7. Publication of concurrent resolutions, proposed constitutional amendments and other propositions.

8. Creation, division and alteration of election districts.

9. Maps and certificates of boundaries of election districts.

10. Designation of places for registry and voting, publication of
same; and provision of furniture therefor.

11. Election officers; designation, number and qualification.
12. Appointment of election officers in cities.

13. Election officers in towns.

14. Organization of boards of inspectors; supplying vacancies and absences.

15. Preservation of order by inspectors.

16. Ballot boxes.

17. Voting booths and guard-rails.

18. Payment of election expenses.

19. Delivery of election laws to clerks, boards and election officers.

Times, Places, Notices, Officers and Expenses of Elections. SS 1-4 SECTION 1. Short title.-This chapter shall be known as the election law.

2. Date of general election.-A general election shall be held annually on the Tuesday next succeeding the first Monday in November.

83. Time of opening and closing polls.-The polls of every am 190 general election, and, unless otherwise provided by law, of every 65 4 other election shall be open at six o'clock in the forenoon and shall close at five o'clock in the afternoon. There shall be no adjournment or intermission until the polls are closed. The closing of the polls shall be deemed to mean the close of the delivery of official ballots to electors, and the electors entitled to vote who have lawfully begun the act of voting before the time fixed for the close of the polls, shall be allowed to complete the act. (As amended by chap. 335 of 1898, § 1.)

84. Filling vacancies in elective offices.--A vacancy occurring before October fifteenth of any year in any office authorized to be filled at a general election, shall be filled at the general election held next thereafter, unless otherwise provided by the constitution, or unless previously filled at a special election. Upon the failure to elect to any office, except that of governor or lieutenant-governor, at a general or special election, at which such office is authorized to be filled, or upon the death or disqualification of a person elected to office before the commencement of his official term; or upon the occurrence of a vacancy in any elective office which can not be filled by appointment for a period extending to or beyond the next general election at which a person may be elected thereto, the governor shall make proclamation of a special election to fill such office, specifying the district or county in which the election is to be held, and the day thereof, which shall be not less than twenty nor more than forty days from the date of the proclamation. A special election shall not be held to fill a vacancy in the office of a representative in the congress unless such vacancy occurs on or before the first day of July of the last year of the term of office, or unless it occurs thereafter and a special session of congress is called to meet before the next general election, or be called after October fourteenth of such year; nor to fill a vacancy in the office of state senator, unless the vacancy occurs before the first day of April of the last year of the term of office; nor to fill a vacancy in the office of a member of assembly, unless oc

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curring before the first day of April in any year, unless the vacancy occurs in either such office of senator or member of assembly after such first day of April and a special session of the legislature be called to meet between such first day of April and the next general election or be called after October fourteenth in such year. If the special election to fill an office shall not be held as required by law, the office shall be filled at the next general election.

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5. Notices of elections by secretary of state and county clerk. The secretary of state shall, at least three months before each general election, make and transmit to the county llections, clerk of each county, and the police board of The City of New York, a notice under his hand and official seal, stating the day upon which such election shall be held, and stating each officer, except city, village and town officers, who may be lawfully voted for at such election by the electors of such county or any part thereof. If any such officer is to be elected to fill a vacancy, the notice shall so state. The secretary of state shall forthwith, upon the filing in his office of the governor's proclamation ordering a special election, make and transmit to each county clerk and to the police board of The City of New York, a like notice of the officers to be voted for at such special election in such county or city or any part thereof, and cause such proclamation to be published in the newspapers published in such county having large circulation therein, at least once a week until such election shall be held. Each county clerk shall forthwith, upon the receipt of either such notice, file and record it in his office, and shall cause a copy of such notice to be published once in each week until the election therein specified in the newspapers designated to publish election notices. He shall also publish as a part of such notice, each city, village and town officer who may lawfully be voted for at such election by the electors of such county or any part thereof. (As amended by chap. 379 of 1897, & 1.)

§ 6. Notice of submission of proposed constitutional amendments or other propositions or questions.-Every amendment to the constitution proposed by the legislature, unless otherwise provided by law, shall be submitted to the people for approval at the next general election, after action by the legislature in accordance with the constitution; and whenever any such proposed amendment to the constitution or other prop

Times, Places, Notices, Officers and Expenses of Elections.

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osition, or question provided by law to be submitted to a popu lar vote, shall be submitted to the people for their approval, the secretary of state shall include, in his notice to the county clerk and the police board of The City of New York, of the general election, a copy of such amendment, proposition or question, and if more than one such amendment, proposition or question is to be voted upon at such election, such amendment, proposition or question, respectively, shall be separately and consecutively numbered. If such amendment, proposition or question is to be submitted at a special election, the secretary of state shall, at least twenty days before the election, make and transelections of mit to each county clerk and the police board of The City of New York a like notice. Each county clerk shall, forthwith upon the receipt of such notice, file and record it in his office, and shall cause a copy of such notice to be published once a week until the election therein specified, in the newspapers designated to publish election notices. (As amended by chap. 379 of 1897, 2.)

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§ 7. Publication of concurrent resolutions, proposed constitutional amendments and other propositions.-The secretary of state shall cause each concurrent resolution of the two houses of the legislature, agreeing to a proposed amendment to the constitution, which is referred to the legislature to be chosen at the next general election of senators, to be published once a week for three months next preceding such election, in two newspapers published in each county, representing the two political parties polling the highest number of votes at the then last preceding general election, and in one additional newspaper published in each county for every one hundred thousand people in such county, as shown by the then last preceding federal or state enumeration. Such additional newspapers shall be selected by the secretary of state with reference to making such publication in newspapers having the largest circulation in the county in which they are published. If such resolution does not state that such proposed amendment is so referred to such legislature, the secretary of state shall publish, in connection with. the publication of such concurrent resolution, a statement that such amendment is referred to the legislature to be chosen at the next general election. The secretary of state shall cause such proposed amendment to the constitution or other proposition or question, which is by law to be submitted to the electors of the

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