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Election Law (L. 1896, ch. 909), § 182.

assume that the votes cast for the several names were intended by the electors to be cast for a certain single person. Nor can the court in a proceeding to review the determination of the county board of canvassers consider affidavits from which it appears that the voters intended to vote for only one man, and that he was known by the different names for which the ballots were cast. People ex rel. Kathan County Board of Canvassers, 75 App. Div. 110, 77 N. Y. Supp. 620.

V.

§ 182. Number of voters in election districts. For any election in any city, town or village in which voting machines are to be used, the election districts in which such machines are to be used may be created by the officers charged with the duty of creating election districts, so as to contain as near as may be six hundred voters each. Such redistricting or redivision may be made at any time after any November election and on or before August fifteenth following, and when so made shall take effect immediately. Where such redistricting or redivision shall be made in any town, the board making the same shall, on or before September first following, appoint from the inspectors of election then in office (if sufficient therefor are then in office, and, if not, from persons not in office, sufficient to make up the requisite number) four inspectors of election for each election district thus created, two of whom shall belong to and be of the same political faith and opinion on state and national issues as one of the two political parties which at the last preceding general election for state officers shall have cast the greatest number of votes in said town, and the other two of whom shall belong to and be of the same. political faith and opinion on state and national issues as the other of said two political parties. Thereafter no redivision of such election districts shall be made for elections by such machines until at some general election the number of votes cast in one or more of such districts shall exceed seven hundred. But the town board of a town in which such machines are used may alter the boundaries of the election districts at any time after a general election and on or before August fifteenth following, provided that the number of such election districts in such town shall not be increased or reduced, and the number of votes to be cast in any district whose boundaries are so altered shall not exceed seven hundred. (Inserted by L. 1899, ch. 466, and amended by L. 1901, ch. 530, and L. 1903, ch. 122, in effect April 3, 1903.)

Primary Election Law (L. 1898, ch. 179), § 3, subd. 1.

(2) Primary Election Law. (L. 1898, ch. 179.)

§ 3. Enrollment.- Subdivision 1. The custodian of primary records shall cause to be prepared on or before the fifteenth day of September in each year, original enrollment books to the number of two for each election district. Such enrollment books shall be so arranged that the names of all electors of the election district may be inscribed therein alphabetically. Except in cities containing a population of one million or over, such enrollment books shall be so arranged and printed that there shall be fourteen columns on each page; the first for the enrollment number of the elector; the second for the surnames of the electors; the third for the Christian names of the electors; the fourth for their residence addresses; the fifth for the word "yes; " the sixth for the name of the party, if any, with which the elector shall enroll; the seventh for an entry to show a special enrollment; the eighth for the record of transfer or removal from one election district to another; the ninth for the word "voted" in case the elector votes at the first official primary election of the year; the tenth for a record as to challenges in case he is challenged thereat; the eleventh and twelfth columns for similar entries in case he votes at the second official primary election; and the thirteenth and fourteenth columns for similar entries in case there be a third official primary election or unofficial primary elections. The enrollment books prepared for election districts within a city containing a population of one million or over shall be so arranged and printed that there shall be twelve columns on each page; the first for the enrollment number of the electors; the second for the surnames of the electors; third, for the Christian names of the electors; the fourth for their residence addresses; the fifth for the word "yes; the sixth for the name of the party, if any, with which the elector shall enroll; the seventh for the word "voted" in case the elector votes at the first official primary election of the year; the eighth for a record as to challenges in case he is challenged thereat; the ninth and tenth columns for similar entries in case he votes at the second official primary election; and the eleventh and twelfth columns for similar entries in case there be a third official primary election or unofficial primary elections. Said books shall be delivered by the custodian of primary records to the election inspectors of the respective election districts immediately before the first day of registration in each year. The custodian of primary

Primary Election Law (L. 1898, ch. 179), § 3, subd. 1.

records shall cause at least two voting booths of the same kind and description as voting booths used at general elections, to be erected in each place of registration, before the first day of registration in each year, and such booths shall be and remain in said places of registration during the registration at the four regular meetings for registration during that year; and it shall be the duty of the custodian of primary records to furnish in each voting booth so erected the same articles which are required by law to be placed therein, for a general election, which articles shall remain therein. during such registration. He shall also provide in like manner one ballot box in each place of registration of sufficient capacity to hold all the enrollment blanks and envelopes which are to be furnished for such place of registration, and which shall be of the kind prescribed by law to be used at a general election. There shall also be prepared and distributed by the custodian of primary records in the manner and at public expense as provided in the election law for the furnishing of official ballots, such a number of enrollment blanks and envelopes for each election district to the primary elections of which this act is applicable, as will exceed by two hundred the total number of electors registered in such district at the last preceding general election. The enrollment blanks. shall be printed on white paper, and on the face thereof shall be printed the following, or the substance thereof, the blanks to be filled in in type so far as possible:

Primary enrollment for year
City (or village) of ...

assembly district (or ward);

....

"I,

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who have placed a mark underneath the party emblem hereunder of my choice, do solemnly declare that I have this day registered as a voter for the next ensuing election, and that I am a qualified voter of the election district in which I have so registered, and that my residence address is as stated by me at the time I so registered; that I am in general sympathy with the principles of the party which I have designated by my mark hereunder; that it is my intention to support generally at the next general election, state or national, the nominees of such party for state or national offices; and that I have not enrolled with or participated in any primary election or convention of any other party since the first day of last year. The word 'party' as used herein means a political organization which at the last pre

Primary Election Law (L. 1898, ch. 179), § 3, subd. 1.

ceding election of a governor, polled at least ten thousand votes. for governor."

party.

(Insert emblem.)

O

party.

(Insert emblem.)

о

Make a cross (X) mark, with a pencil having black lead, in the circle under the emblem of the party with which you wish to cnroll, for the purpose of participating in its primary elections during the next year.

The circles underneath the emblems shall be one inch in diameter, and in them nothing shall be printed. The party emblems shall be the same which were on the ballots for each party respectively at the last preceding general election, and such emblems shall be so arranged on each blank that the emblem of the majority party at the last preceding general election of a governor shall be first, and the other emblems shall follow in order in accordance with the vote cast for such office at such election; over each emblem shall be printed, in type clearly legible, the name of the party represented by such emblem. The enrollment blanks shall have thereon only the emblems of those parties to which this act is applicable and shall be distributed enclosed within the enrollment envelopes having corresponding enrollment numbers. The enrollment envelopes shall be of such size as to permit enclosure therein, without folding, of the enrollment blank, and of such weight and texture of paper as to make it impossible to read or decipher the printed matter on the blank when the same is sealed on the inside thereof. Nothing shall be printed or written upon the enrollment envelopes except the following words, or the substance thereof, blanks to be filled in in type as far as possible.

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Primary Election Law (L. 1898, ch. 179), § 3, subd. 4.

(Amended by L. 1900, ch. 225, and L. 1903, ch. 111, in effect March 31, 1903.)

Supplemental enrollment. Since the enactment of L. 1903, ch. 111, amending this section, there is no way under a statute in the city of New York for changing the enrollment. The roll is permanent for a year and cannot be amended or changed by judicial action, although in the interim an enrolled voter may have died or moved out of the election district in which he had enrolled. People ex rel. Moscowitz v. Voorhis, 41 Misc. 360, 84 N. Y. Supp. 848.

Subd. 4. At any time during the months of May and June, and in any year when a president of the United States is to be elected in the month of February also, any elector who was registered as a voter at one of said four meetings for registration in the preceding year but who did not then enroll with any party, may, except in cities containing a population of one million or over, become specially enrolled in and have his name added to the original enrollment books of, any party in the election district in which he then resided and still resides, in the manner following: He shall make, and acknowledge before an inspector of election in the election district in which he resides, or any officer authorized by law to take the acknowledgment of deeds to be recorded in this state, and file or cause to be filed, with the custodian of primary records a statement embodying a declaration in the following form: "I, (naming the elector) do solemnly declare that I reside at (specifying his residence address), and am a qualified voter of the (specifying the number) election district of the (specifying the number) assembly district (or ward) in the city (or village) or (naming it); that at one of the last four preceding days of registration I registered as a voter in the said election district; but did not enroll, and I request that I be specially enrolled with the (naming it) party; that I am in general sympathy with the principles of the (naming it) party; that it is my intention to support generally at the next general election, state or national, the nominees of such party for state or national offices; and that I have not enrolled with or participated in any primary election or convention of any other party since the first day of last year. The word 'party' as used herein means a political organization which at the last preceding election of a governor polled at least ten thousand votes for governor." Upon the filing of such statement, the custodian of primary records shall enroll such elector in

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