§ 50. Election officials. L. 1922, ch. 588. in the office of the county clerk a certificate of each appointment, whether for a full term or to fill a vacancy. The commissioner must be a resident voter of such county. The first term of such office shall be the present term, expiring May first, nineteen hundred and twenty-four, and the commissioner heretofore appointed and now in office shall continue to be the commissioner for the remainder of such term unless sooner removed. Thereafter, the term of office shall be for four years, beginning on the first day of May at the expiration of any term. Any appointment to fill a vacancy in such office shall be for the unexpired term. The commissioner may be removed from office by the governor in the same manner as a sheriff. The commissioner may appoint and at pleasure remove such employees with such salaries and compensation, as the board of supervisors of such county may authorize. The commissioner shall adopt an official seal and shall cause a description of it with impressions from it to be filed in the office of the secretary of state. The records of the commissioner and papers and books filed in his office are public records. The provisions of this section shall be controlling, when inconsistent with other provisions of this chapter. An election or elections within the meaning of this section, include a primary election and every election held in the county, except town meetings, village and school district elections not conducted at the time of and with the general election. 2. The board of elections of such county shall have and exercise the powers and duties under this chapter, not inconsistent with this section, of all officers in the county of Monroe, in respect of elections and matters preliminary or relating hereto, except those of inspectors and clerks of election and county, city and town boards of canvassers. Such board of elections shall direct the purchase of voting machines, of a kind authorized by law, which shall be selected by such board, to the number authorized from time to time by the proper authorities of a city, town or village, in the county. All voting machines and all appliances and equipment relating to or used in the conduct of elections shall be in the care, custody and control of the board of elections. Such board may cause all necessary repairs and alterations to be made and employ such help as may be necessary in making such repairs and in moving, setting up and caring for all election materials, equipment and appliances, including voting machines. All supplies, equipment, or election appliances to be used or furnished by such board shall be purchased by the purchasing agent of Monroe county. All expenses of such board of elections shall be certified, audited and paid as are other claims against the county, and all expenses connected with elections and matters preliminary or relating thereto, in such county, shall be a county charge, except expenses or parts thereof to be apportioned pursuant to this chapter to a city or town and borne by it, and except compensation of inspectors and clerks of election. However, any city, town or village in such county, by its common council, town board or village trustees, may assume the payment of the cost of L. 1922, ch. 588. Election officials. § 50. purchasing voting machines, and city, town or village obligations may be issued and sold therefor as provided in section two hundred and forty-six. 4. 3. The board of elections of Monroe county upon creating, altering or dividing any election district, shall file in the office of the board and of the proper city or town clerk a certificate showing the boundaries of each district affected. All petitions and certificates of nomination or designation, or of declination thereof, for an election to which this section applies, and all statements of receipts and expenditures under the provisions of article thirteen, relating to such an election, required to be filed with any officer of Monroe county, or political subdivision therein shall be filed with the board of elections. The board of elections shall publish or post, as the case may be, all notices, lists and other matters, relating to elections, required by law to be published or posted in the county, or a political subdivision therein, except publications made pursuant to section eighty. The chairmen of the county committees of the two parties entitled to representation on a board of inspectors of elections shall each file in the office of the board of elections of Monroe county on or before the first day of April of each year a list of persons who are qualified to serve as election officers. Thereafter, the board, upon three days' written notice, stating the time and place, and sent by mail or messenger, shall examine, orally or in writing, or both, each person named in such list, as to his qualifications for the office of inspector or clerk, as the case may be. Any person receiving such notice must appear at the time and place stated therein. If a person so examined is found by the board to be qualified and, in the judgment of the board, is a fit and proper person for such office, the board, or an employee designated by the board, shall administer the constitutional oath of office and issue to him a certificate of appointment and he shall serve until his successor is appointed; but if such a person is found disqualified or, in the judgment of the board, is not a fit and proper person for such office, his name shall be stricken from the list. A supplemental list of persons for election officers may also be filed containing not more than ten names for each office. Additional supplemental lists for any election district may be filed at any time before the appointments for such district are made, or when a vacancy shall exist for any cause, and all appointments shall be made from the original list if those named therein are found disqualified as herein provided; if not so qualified, then from a supplemental list so filed. If no list is filed by a party, and if within three days after notice in writing by the board to the chairman of the county committee of such party, no list is filed, the board may appoint qualified persons, members of the party in default, to act as election officers, and the enrollment of such person shall be sufficient evidence of party affiliation. If a qualified person cannot be obtained for any election office from the list or lists filed by a party, and if within three days after notice in writing by the board to the chairman of the county committee of such party, an additional list is not filed con § 51. Election officials. L. 1922, ch. 588. taining the name or names of one or more qualified persons, the board may fill such office by the appointment of a qualified person, a member of the party in default. The board of elections of Monroe county shall have the power on any day of election, registration or primary election to remove from office forthwith any inspector of election or clerk, in such county, for intoxication or failure to perform his duty in a satisfactory manner and to make a temporary appointment to fill the vacancy caused by such removal. 5. The board of elections of Monroe county shall from time to time, as may be deemed necessary, hold a school for the instruction of inspectors of election and clerks. Such school shall not be held at any hour earlier than seven o'clock in the evening and written or printed notice shall be given by the board, by mail, to each inspector of election and clerk stating the time and place such school will be held. If any inspector of election or clerk shall fail to attend such school after receiving notice thereof, the board may remove him from office and fill the vacancy in the manner provided in this section. Each election officer shall be paid one dollar for the time spent in attending a school of instruction, and the election officers of the towns of Monroe county, if such school be held at any place outside the town in which they respectively reside, shall be paid in addition the car fare going to and returning from the school. The money due an election officer for attending a school of instruction shall be paid at the same time and in the same manner as the pay for his other services. Source. Substitute for former Election Law (L. 1909, ch. 22), art. 7-a, §§ 210 223. § 51. Niagara county; board of elections and special provisions.-1. In the county of Niagara, there shall be a board of elections consisting of one commissioner. Sections thirty and thirty-one, section thirty-four except as to the making of statements and reports to the secretary of state and board of supervisors, and section thirty-six, shall not apply to such county. The county judge, county clerk and the district attorney of Niagara county, or a majority of them, shall appoint such commissioner. They shall file in the office of the county clerk a certificate of each appointment, whether for a full term or to fill a vacancy. The commissioner must be a resident voter of such county. The first term of such office shall be the present term, expiring May first, nineteen hundred and twenty-two and the commissioner heretofore appointed and now in office shall continue to be the commissioner for the remainder of such term, unless sooner removed. Thereafter, the term of office shall be five years, beginning on the first day of May at the expiration of any term. Any appointment. to fill a vacancy in such office shall be for the unexpired term. The commissioner may be removed from office by the governor in the same manner as a sheriff. The commissioner may appoint and at pleasure remove a deputy commissioner, a secretary and such additional employees as the L. 1922, ch. 588. Election officials. § 51. board of supervisors of such county may authorize, at salaries to be fixed by the commissioner subject to approval by such board. The commissioner shall adopt an official seal and shall cause a description of it with impressions from it to be filed in the office of the secretary of state. The records of the commissioner, and papers and books filed in his office, are public records. The provisions of this section shall be controlling, when inconsistent with other provisions of this chapter. An election or elections, within the meaning of this section, include a primary election and every election held in the county, except town meetings, village and school district elections not conducted at the time of and with the general elec tions. tion 2. The board of elections of such county shall have and exercise the powers and duties under this chapter, not inconsistent with this section, of all officers in the county of Niagara, in respect of elections and matters preliminary or relating thereto, except those of inspectors and clerks of elecand county, city and town boards of canvassers. Such board of elections shall direct the purchase of voting machines, of a kind authorized by law, which shall be selected by such board, to the number authorized from time to time by the proper authorities of a city, town or village, in the County. All voting machines and all appliances and equipment relating to or used in the conduct of elections shall be in the care, custody and control of the board of elections. Such board may cause all necessary repairs and alterations to be made and employ such help as may be necessary in making such repairs and in moving and setting up and caring for all election materials, equipment and appliances, including voting machines. All supplies, equipment or election appliances to be used or furnished by such board shall be purchased by the board. All expenses of such board of elections shall be certified, audited and paid as are other claims against the county, and all expenses connected with elections and matters preliminary or relating thereto, in such county, shall be a county charge, except expenses or parts thereof to be apportioned pursuant to this chapter to a city or town and borne by it, and except compensation of inspectors and clerks of election. However, any city, town or village in such county, by its common council, town board or village trustees may assume the payment of the cost of purchasing voting machines, and city, town or village obligations may be issued and sold therefor as provided in section two hundred and forty-six. 3. the The board of elections of Niagara county upon creating, altering, or dividing any election district, shall file in the office of the board and of proper city or town clerk a certificate showing the boundaries of each district affected. All petitions and certificates of nomination or designation, or of declination thereof, for an election to which this section applies, and all statements of receipts and expenditures under the provisions of article thirteen, relating to such an election, required to be filed with any officer of Niagara county, or political subdivision therein, shall § 51. Election officials. L. 1922, ch. 588. be filed with the board of elections. The board of elections shall publish or post, as the case may be, all notices, lists and other matters, relating to elections, required by law to be published or posted in the county, or political subdivision therein except publications made pursuant to section eighty. 4. The chairman of the county committee of the two parties entitled to representation on a board of inspectors of election shall each file with the board of elections of Niagara county on or before the first day of April of each year a list of persons who are qualified to serve as election officers. If a person so named is found by the board to be qualified and, in the judgment of the board, is a fit and proper person for such office, the board, or an employee designated by the board, shall administer the constitutional oath of office and issue to him a certificate of appointment and he shall serve until his successor is appointed; but if such a person is found disqualified or, in the judgment of the board, is not a fit and proper person for such office, his name shall be stricken from the list. A supplemental list of persons for election officers may also be filed containing not more than ten names for each office. Additional supplemental lists for any election district may be filed at any time before the appointments for each district are made, or when a vacancy shall exist for any cause, and all appointments shall be made from the original list if those named therein are found disqualified as herein provided; if not so qualified, then from a supplemental list so filed. If no list is filed by a party, and if within three days after notice in writing by the board to the chairman of the county committee of such party no list is filed, the board may appoint qualified persons, members of the party in default, to act as election officers, and the enrollment of such persons shall be sufficient evidence of party affiliation. If a qualified person cannot be obtained for any election office from the list or lists filed by a party, and if within three days after notice in writing by the board to the chairman of the county committee of such party an additional list is not filed containing the name or names of one or more qualified persons, the board may fill such office by the appointment of a qualified person, a member of the party in default. The board of elections of Niagara county shall have the power on any day of election, registration or primary election to remove from office forthwith any inspector of election or clerk, in such county, for intoxication or failure to perform his duty in a satisfactory manner and to make a temporary appointment to fill the vacancy caused by such removal. 5. The board of elections of Niagara county may from time to time, as may be deemed necessary, hold a school for the instruction of inspectors of election and clerks. Such school shall not be held at any hour earlier than seven o'clock in the evening and written or printed notice shall be given by the board, by mail, to each inspector of elections and clerk stating the time and place such school will be held. If any inspector of election or clerk shall fail to attend such school after receiving notice thereof, the |