Election Law (L. 1896, ch. 909), § 14.

inspector shall not be paid for any services for that day. If two inspectors, who are members of the same political party, shall be absent from any such meeting on election day, the poll clerk, if he be present, and if he be absent then the ballot clerk, who is a member of the same political party as the absent inspectors, shall appoint two qualified electors of the district, who shall be members of the same political party as the absent inspectors, to act in the place of such absent inspectors for the whole of that day; and the persons so appointed shall be paid the amounts which the absent inspectors, if they had been present, would have been entitled to be paid for their services upon that day, and the absent inspectors shall not be paid for any services for that day. If two inspectors, who are members of the same political party, shall be absent on any of the days of registration, the inspector or inspectors present shall appoint qualified electors of the district, who shall be members of the same political party as the absent inspector or inspectors, to act, until such absent inspector or inspectors, or his successors duly appointed under the provisions of section twelve, shall appear, and such person, so serving temporarily, shall serve without pay. If, at any such time, the officers of all inspectors are vacant, or no inspector shall appear within one hour after the time fixed by law for the opening of such meeting, the qualified voters of the district present, not less than ten, may designate four qualified electors of the district belonging to the political parties as specified in section eleven, to fill such vacancies, or to act in the place of such inspectors respectively, until the absent inspectors respectively appear. If at any time there shall be a vacancy in the office of any poll clerk or ballot clerk, or if any poll clerk or ballot clerk shall be absent from such meeting, the inspector or inspectors present, who shall be a member or members of the same political party as the absent poll clerk, or ballot clerk, shall appoint a qualified elector of the district, who shall also be a member of the same political party as the absent poll clerk or ballot clerk, to fill such vacancy. Every person so appointed or designated to act as an inspector, poll clerk or ballot clerk shall take the constitutional and statutory oaths as prescribed by the election law. Before otherwise entering upon their duties the inspectors of each district shall then immediately appoint one of their number chairman: or, if a majority shall not agree upon such appointment, they shall draw lots for that position. (Amended by L. 1904, ch. 487, in effect April 28, 1904.)

Election Law (L. 1896, ch. 909), §§ 16, 31, 34.

§ 16. Ballot boxes. There shall be but one ballot box at each polling place for receiving all ballots cast for candidates for office, which box shall be conspicuously marked "box for general ballots." There also shall be a ballot box for the reception of ballots found to be defective in printing, or mutilated before delivery to electors, and for ballots spoiled and returned by electors, which box shall be conspicuously marked "box for spoiled and mutilated ballots." There shall also be a box for detached ballot stubs, which box shall be conspicuously marked "box for detached ballot stubs." If proposed constitutional amendments, or other propositions or questions may be lawfully voted upon thereat, there shall be a separate ballot box at each polling place for the reception of ballots upon such amendments or propositions, or questions, which box shall be conspicuously marked "box for questions submitted." In towns in which town meetings are held on election day, an additional ballot box shall be provided, to be marked "box for town propositions," in which shall be deposited ballots cast on town propositions and questions. In towns in which town meetings are held on election day in an even numbered year, an additional ballot box shall be provided, to be marked " box for town ballots," in which shall be deposited ballots cast for candidates for town offices. Each box used for the reception of voted ballots shall be provided with a sufficient lock and key, and with an opening in the top thereof large enough, and not larger than may be necessary to allow a single folded ballot to be easily passed through such opening into the box. Each box shall be large enough to properly receive and hold all ballots which may lawfully be deposited therein at any election. (Amended by L. 1900, ch. 381, and L. 1902, ch. 405, and L. 1904, ch. 733, in effect May 14, 1904.)

§ 31. Adding and erasing names on register. (C. & G. Gen. Laws, p. 1198.)

Registration of student at seminary. A student at a seminary in this State who before taking up his abode at the seminary had a residence elsewhere within the United States, is not entitled to registration in the election district in which the seminary is situated, unless it appears that, by some unequivocal act, independent of his attendance at the seminary, he has abandoned such other residence. Matter of McCormack, 86 App. Div. 362, 83 N. Y. Supp. 847.

§ 34. General provisions.

Subdivision 11, added by L. 1902,

ch. 405, in effect April 7, 1902, as follows:

Election Law (L. 1896, ch. 909), §§ 57, 58.

Subdivision 11. When a town or village election is held at the same time with a general election all electors in such town or village to be entitled to vote at such town or village election must be registered as provided by law for the enrollment of electors for any general election in such town or village. (Added by L. 1902, ch. 405, in effect April 7, 1902.)

§ 57. Independent nominations. (C. & G. Gen. Laws, p. 1225.)

Nomination for alderman in part of a ward.— The provisions of the above section authorizing the filing of independent nominations for candidates for public office to be voted for only by the electors of a town or a ward of a city or village, is sufficient to authorize the making of an independent nomination for the office of alderman in an aldermanic district in the city of New York, which includes only part of a ward. Matter of Behrmann v. Voorhis, 65 App. Div. 11, 72 N. Y. Supp. 293; see s. c., 168 N. Y. 367.

Certificate of independent nominations. The above section prohibits a certificate of an independent nomination from including the name of an organized political party; a certificate which states the name selected for the designation of the independent party as "independent republican party," is a violation of the section. Matter of Smith, 41 Misc. 501, 85 N. Y. Supp. 14.

§ 58. Places of filing certificates of nomination.— Certificates of nomination of candidates for office to be filled by the electors of the entire state, or of any division or district greater than a county, shall be filed with the secretary of state, except that each certificate of nomination of a candidate for member of assembly for the assembly district composing the counties of Fulton and Hamilton, shall be filed in the office of the county clerk of Fulton county, and a copy thereof certified by the county clerk of Fulton county, shall be filed in the office of the county clerk of Hamilton county, so long as the said counties constitute one assembly district, and except that certificates of nomination of candidates for offices to be filled only by the electors or a portion of the electors of the city of New York shall be filed with the board of elections of the city of New York. Certificates of nomination of candidates for offices to be filled only by the votes of electors, part of whom are of New York city, and part of whom are of a county not wholly within the city of New York, shall be filed with the clerk of such county and in the office of the board of elections of said city. Certificates of nomination of candidates for offices of any

Election Law (L. 1896, ch. 909), § 59.

other city to be elected at the same time at which a general election is held shall be filed with the clerk of the county in which such city is located. Certificates of nomination of candidates for offices of any other city, or for officers of a village or town to be elected at a different time from a general election, shall be filed with the clerk of such city, village or town, respectively. In towns in which town meetings are held at the time of general elections, certificates of nomination of candidates for town offices shall be in duplicate, one of which shall be filed with the town clerk of the town in which such officers are to be voted for, and the other with the clerk of the county in which such town is located. All other certificates of nomination shall be filed with the clerk of the county in which the candidates so nominated are to be voted for. All certificates and corrected certificates of nomination, all objections to such certificates and all declination of nominations are hereby declared to be public records; and it shall be the duty of every officer or board to exhibit without delay, every such paper or papers to any person who shall request to see the same. It shall also he the duty of each such officer or board to keep a book which shall be open to public inspection, in which shall be correctly recorded the names of all candidates nominated by certificates filed in the office of such officer or board, or certified thereto, the title of the office for which any such nomination is made, the political or other name and emblem of the political party or independent body making such nomination; and in which shall also be stated all declinations of nominations or objections to nominations, and the time of filing each of the said papers. (Amended by L. 1897, ch. 379; L. 1898, ch. 363; L 1900, ch. 381; L. 1901, ch. 95; L. 1902, ch. 241, and L. 1902, ch. 405, in effect April 7, 1902.)

The amendment made by L. 1902, ch. 405, ignored the earlier amendment of 1902, but as both amendments were aimed at the same result no serious error was made.

§ 59. The times of filing certificates of nomination.— The different certificates of nomination shall be filed within the following periods before the election for which the nominations are made, to wit: Those required to be filed with the secretary of state, if party nominations, at least thirty and not more than forty days; if independent nominations, at least twenty-five days and not more than forty days; those required to be filed with a county

Election Law (L. 1896, ch. 909), § 61.

clerk, or the board of elections of the city of New York, or with the city clerk of any other city, if party nominations, at least twenty-five and not more than thirty-five days; if independent nominations, at least twenty and not more than thirty-five days; those required to be filed with a town or village clerk, if party nominations, at least fifteen and not more than twenty days; if independent nominations, at least ten and not more than twenty days. Except that in towns where town meetings are held at the time of general elections, certificates of nomination for town offices, shall be filed with the town and county clerks, within the time required by this section for the filing of certificates of nomination with the county clerk. In case of a special election ordered by the governor under the provisions of section four of the election law, the certificates of nominations for the office or offices to be filled at such special election shall be filed with the proper officer or boards not less than fifteen days before such special election. (Amended by L. 1897, ch. 379; L. 1898, ch. 363; L. 1900, ch. 381; L. 1901, ch. 95, and L. 1902, ch. 405, in effect April 7, 1902.)

At least six days before

§ 61. Publication of nominations. an election to fill any public office the county clerk of each county, except those counties which are wholly within the city of New York, shall cause to be published in not less than two or more than four newspapers within such county, one of which shall be a daily newspaper, if a daily newspaper is published in such county, and in any county having one hundred thousand or more. inhabitants, adjoining a city having a population of one million or more, in not less than six nor more than ten newspapers, a list of all nominations of candidates for offices other than town offices to be filled at such election, certified to such clerk by the secretary of state, or filed in the office of such clerk. The board of elections of the city of New York shall, within the same time before an election to fill any public office, cause to be published in two newspapers published in each borough within such city a list of the nominations of candidates for offices to be voted for at such election in such boroughs respectively, which were certified to such board by the secretary of state, or filed in the office of such board, and in the borough of Brooklyn the board of elections shall cause such publication to be made in the newspapers designated as corporation newspapers of said borough. Such publication shall con