§§ 69-71 Enrollments, Primaries; Five Thousand or More. Art. 3 mit a copy of such notice of contest to the person whose seat is to be contested, either by personal service upon him or through the mail, within twenty-four hours after the receipt of such notice. Formerly L. 1898, ch. 179, § 10 part, as am'd by L. 1899, ch. 473, § 1. § 69. Substitution of delegates; date of convention. The rules and regulations of the party may prescribe the method of substituting delegates in conventions. No convention composed of delegates elected in accordance with this article shall be held until after the primary day on which delegates thereto or delegates to conventions to elect delegates thereto shall have been elected. Formerly L. 1898, ch. 179, § 10 part, as am'd by L. 1899, ch. 473, § 1. § 70. Jurisdiction of, and review by, the courts. Any action or neglect of the officers or members of a political convention or committee, or of any inspector of primary election, or of any public officer, or board, with regard to the right of any person to participate in a primary election, convention or committee, or to enroll with any party, or with regard to any right given to, or duty prescribed for, any voter, political committee, political convention, officer or board, by this article, shall be reviewable by the appropriate remedy of mandamus or certiorari, as the case may require. In addition thereto, the supreme court, or any justice thereof within the judicial district, or any county judge within his county, shall have summary jurisdiction, upon complaint of any citizen, to review such action. or neglect. Such a complaint shall be heard upon such notice as the said court or justice or judge thereof shall direct. In reviewing such action or neglect, the court, justice or judge shall consider, but need not be controlled by, any action or determination of the regularly constituted party authorities upon the questions arising in reference thereto, and shall make such decision and order as, under all the facts and circumstances of the case, justice may require. For any of the purposes of this section, service of a writ of mandamus, certiorari, order or other process of said court or justice or judge thereof upon the chairman or secretary of such convention, committee or board, shall be sufficient. Formerly L. 1898, ch. 179, § 12, as am'd to constitute § 11 by L. 1899, ch. 473, § 1. § 71. Direct nomination of candidates at primary elections. In case the general committee representing a party in any city or village to which this article is applicable, or in a county wholly within any such city, or in a borough Art. 3 Enrollments, Primaries; Five Thousand or More. §§ 72, 73 of any such city, shall adopt, by a majority vote, a rule that the nomination of that party's candidates for specified public offices to be filled wholly from such subdivision shall be made at the primary elections of the party, then so long as such rule remains in force, the nomination of that party's candidates, for the public offices specified in such rule, shall be made by the enrolled members of the party at the official primary elections of the party held on the annual primary day. Such rule shall be adopted at least thirty days prior to said annual primary day and published, in the manner in which notices of primary elections are required to be published by this article, at least twenty days before such primary election. In case nominations for city or ward offices are made in primary election districts under a rule adopted as prescribed in this section, certificates showing the result of the votes for the several candidates for nomination in the several districts shall be made by the boards of inspectors thereof and filed in the office of the custodian of primary records who shall determine from such certificates the persons nominated for such offices. Formerly L. 1898, ch. 179, § 14, as am'd to constitute § 12 by L. 1899, ch. 473, § 1, and am'd by L. 1900, ch. 202, § 2. § 72. Application of this article to political parties. The provisions of this article shall apply to all political parties. Formerly L. 1898, ch. 179, § 15, as am'd to constitute § 13 by L. 1899, ch. 473, § 1, and am'd by L. 1907, ch. 296, § 1. § 73. Application of this article to cities of the third class and villages. No city of the third class or village shall be subject to the provisions of this article, unless the general committee for the county in which such city or village is situated, of each party entitled to be represented by inspectors of election in such city or village, shall have adopted a resolution declaring that they desire to come in under the provisions of this article, and shall have filed, on or before the first day of July, in any year, a duly attested copy thereof with the secretary of state and with the county clerk of such county; or unless the voters of such city or village shall have voted at a general election to come in under this article. In such case such city or village shall be subject to the provisions of this article on and after the first day of registration next succeeding, and the custodian of primary records shall provide the necessary enrollment books prior to such day. The question whether or not any such city or village shall come in under this article shall be submitted to the voters $ 74 Enrollments and Primaries in Towns. Arts. 3, 4 thereof whenever the general committee of either of said parties, for the county in which such city or village is situated, shall by resolution request such submission and shall file a duly attested copy of such resolution with the secretary of state and with the county clerk, not less than sixty days before any general election, or whenever not less than sixty days before any general election the voters of any city or village to which this article is applicable, equal in number to at least one-tenth of the votes cast therein at the next preceding election for state officers, shall by a petition similar in form and manner of execution to the petition required by this chapter for independent nominations, request the mayor of such city or the board of trustees of such village to submit the question whether this article shall be made applicable to such city or village to the voters thereof at a general election; in either of which cases it shall be the duty of the proper council or board or other officers of such city or village to provide by ordinance, resolution or otherwise, for the submission of such question to the voters thereof at the next ensuing general election; and such submission shall, so far as possible, be made in the manner now prescribed by law for submitting proposed amendments to the constitution of the state to the voters thereof. A similar procedure shall take any such city or village which has so elected to come within the provisions of this article out of such provisions and make them thereafter no longer applicable to such city or village; but if the decision to come under this article was made at a general election, such decision can be changed only at a general election. Formerly L. 1898, ch. 179, § 16, as am'd to constitute § 14, by L. 1899, ch. 473, § 1. § 74. Perjury. All oaths administered under the provisions of this article are hereby declared to be oaths required by law, and to be necessary for the ends of public justice. Formerly L. 1898, ch. 179, § 10 part, as am'd by L. 1899, ch. 473, § 1. ARTICLE 4 Enrollments and Primaries in Towns Section 90. Territory excepted from operation of article. 91. Application of article. 92. Enrollment books. 93. Entries in enrollment books; duties of election officers. Art. 4 Section Enrollments and Primaries in Towns. §§ 90, 91 94. Special enrollments; correction of enrollment lists. 95. Special enrollment upon becoming of age. 96. Special enrollment after moving. 97. County clerks to compile enrollment lists. 99. Who may be enrolled. 100. Enrollment lists and statements to be public records; certified copies. 101. Conduct of primary elections; challenges. § 90. Territory excepted from operation of article. This article shall not apply to any of the counties embraced within Greater New York, nor to cities of the second or third class, nor to any village which shall be or become subject to the provisions of article three of this chapter. This article shall not apply to the counties of Allegany, Broome, Cattaraugus, Chautauqua, Chenaugo, Clinton, Columbia, Cortland, Delaware, Dutchess, Essex, Franklin, Genesee, Greene, Livingston, Madison, Montgomery, Nassau, Oneida, Onondaga, Orange, Orleans, Oswego, Putnam, Rensselaer, Rockland, Saint Lawrence, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, Steuben, Suffolk, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Westchester and Yates. Formerly L. 1902, ch. 195, § 1 part, as am'd by L. 1906, ch. 498, § 1. § 91. Application of article. In any county of the state, other than those specified in section ninety hereof, this article shall become applicable, and govern and control the enrollment of the members of any political party in the several towns of the county, except as above specified, from the first day of September succeeding the adoption, by a majority vote of the general committee of the party, which shall include the affirmative vote of a majority of all the members thereof elected from the towns of said county, and the filing in the office of the clerk of the county, of a resolution in writing declaring that the members of such party shall thereafter be enrolled as herein provided, but shall not affect any primary election held prior to the first day of January next thereafter; and in any such county the general committee of any party to which this article may become so applicable, may similarly adopt and file a resolution rescinding such declaration, and thereafter the ap §§ 92, 93 Enrollments and Primaries in Towns. Art. 4 plication of this article to such party in any such county shall cease. Formerly L. 1902, ch. 195, § 1 part, as am'd by L. 1906, ch. 498, § 1. § 92. Enrollment books. In any county to which this article shall so become applicable, the clerk of the county shall cause to be prepared, on or before the fifteenth day of September in each year, enrollment books to the number of two for each election district in the several towns of the county, which shall be so arranged that the names of all voters of the election district may be inscribed therein alphabetically. There shall be fourteen columns on each page: the first for the surnames of the voters; the second for the christian names of the voters; the third for the word "yes," if the voter be enrolled by the election inspectors. upon their own knowledge; the fourth for the name of any voter making oath to the party affiliation of any other voter; the fifth for the name of the party with which a voter is enrolled; the sixth for an entry to show enrollment by certificate; the seventh for the record of any alteration of enrollment, transfer, or striking from the enrollment the name of any voter; the eighth for the word "voted," in case the voter votes at the first official primary election of the year; the ninth for a record as to challenges, in case of challenge thereat; the tenth and eleventh for similar entries, in case he votes at the second official primary election of the year; the twelfth and thirteenth for similar entries, in case there be a third official primary election, or an unofficial primary election; and the fourteenth for any remarks not provided for in any of such other columns. Said books with proper instructions shall be delivered by the said clerk to the election inspectors of the respective election districts in said towns immediately before the first day of registration in each year. Formerly L. 1902, ch. 195, § 2. § 93. Entries in enrollment books; duties of election officers. It shall be the duty of the election inspectors of the respective election districts in said towns, on the days on which they shall prepare the register of voters in said election districts respectively, and at the same time, to enter in the said enrollment books the name of every voter registered by them, for the purpose of voting at such election, whose political affiliation shall be personally known to them, and after the name of each such voter to enter in the third column the word "yes" to indicate such enrollment by them, and in the fifth column the name of the party with which he is so enrolled, and if it shall be |