L. 1922, ch. 588. Proceedings preliminary to elections. §§ 91, 92. secutive order of the numbers printed on the stubs thereof, beginning with number one. All official and sample ballots for each election district shall be in separate sealed packages, clearly marked on the outside thereof with the number and kind of ballots contained therein and indorsed with the designation of the election district for which they were prepared. The other supplies provided for each election district also shall be inclosed in a sealed package or packages, with a label on the outside thereof showing the contents of each package. Each town and city clerk receiving such packages shall cause all such packages so received and marked for any election district to be delivered unopened and with the seals thereof unbroken to the inspectors of election of such election district one-half hour before the opening of the polls of such election therein, and shall take a receipt therefor specifying the number and kind of packages delivered. Town, city and village clerks required to provide official and sample ballots and supplies for town meetings, city and village elections held at different times from a general election, shall in like manner, deliver them to the inspectors or presiding officers of the election at each polling place at which such meetings and elections are held, respectively, in like sealed packages marked on the outside in like manner, and shall take receipts therefor in like manner. (Amended by L. 1923, ch. 809, in effect May 28, 1923.) Source.-Former Election Law (L. 1909, ch. 22), § 343, unchanged. § 91. Transcripts of enrollment.-The board of elections shall certify to the correctness of any transcript of original enrollment entries, or of any part thereof, on the payment of one cent for every twenty names contained in the transcript. The fees received for certifying such transcripts shall be paid into the public treasury. The board of elections shall give to any voter enrolled as in this article provided, a certificate of enrollment, which shall specify the name of the party with which he is enrolled, the date of enrollment and the election district in which such voter is enrolled. The board of elections shall annually provide true copies, duly certified, of so much of the registers as will give the names, addresses and the political affiliation of each voter, and shall, in the month of February in each year, transmit one such certified copy to the secretary of state and deliver one such certified copy to the chairman of the proper county committee of each party. Source. Former Election Law (L. 1909, ch. 22), §§ 16, 21. § 92. Publication of enrollment lists.-The board of elections of the city of New York shall and the board of elections of any county containing a city of the first or second class and when authorized by the board of supervisors the board of elections in any other county may, in its discretion, cause to be published for each assembly district, within a county over which such board has jurisdiction, in pamphlet form, and at public §§ 93, 94. Proceedings preliminary to elections. L. 1922, ch. 588. expense a transcript of the registers of each election district in the assembly district, omitting all entries except the names, the residence addresses, and the party, if any, recorded opposite the respective names. The board may sell surplus copies of the pamphlets at not exceeding the cost of publication, and the fees received shall be paid into the public treasury. Source. Former Election Law (L. 1909, ch. 22), § 22. § 93. Payment of election expenses.-1. The expenses of providing polling places, guard rails, voting booths, supplies therefor, ballot boxes and other furniture of the polling place, for a primary or other election, and the compensation of the election officers in each election district, shall be a charge upon the town or city in which such election district is situated, except that such expenses incurred for the purpose of conducting a village. election not held at the same time as a general election shall be a charge upon the village. All expenses relating to a town meeting or city or village election held at a different time from a general election shall be a charge upon the town, city or village. 3. All expenses incurred under this chapter by the board of elections of a county outside of the city of New York shall be a charge against the county, except that if a town meeting, city or village election be held at the same time as a general election, the expense of printing and delivering the official ballots, sample ballots and tally sheet and return blanks shall be apportioned by the board of elections between such town, city or village and the county, in the proportion of the number of candidates for town, city or village offices on such ballots, respectively, to the whole number of candidates thereon, and the amount of such expenses so apportioned to each such municipality shall be a charge thereon. Whenever voting machines are used in any election by any town, city or village, only such expenses as are caused by the use of such machines and such as are necessary for the proper conduct of the election shall be charged to such town, city or village. All expenses of the board of elections of the city of New York shall be a charge on such city. Source.-Former Election Law (L. 1909, ch. 22), § 318, in substance. § 94. Apportionment of expenses of board of elections outside of New York city. The board of elections in each county, outside of the city of New York, on or before the fifteenth day of December, and not earlier than the first day of October, in each year, shall certify to the clerk of the board of supervisors the total amount of the expenses of such board of elections, including salaries, for the preceding year, and, if the board of supervisors of any county shall so direct, shall certify to such clerk the portions of such expenses which under provisions of law are to be borne L. 1922, ch. 588. Ballots and returns; absentee voting. $ 100. by any city or cities in said county and the portion thereof which is to be borne by the rest of such county, and such clerk shall thereupon notify the proper local official or officials, who, in spreading upon the assessmentrolls the taxes to be levied upon the taxable property in the city, or any such cities, and in the rest of the county, shall include in the amount so spread the amounts certified by the board of elections to be borne by such city or cities, respectively, and in the amount spread upon the assessmentrolls of the taxable property in the several towns or other political subdivisions of the rest of the county the amount so certified by said board of elections to be borne by such towns or political subdivisions respectively. Source.-Former Election Law (L. 1909, ch. 22), § 200. ARTICLE 5. FORMS OF BALLOTS AND RETURNS; ABSENTEE VOTING; PRESERVATION OF BOOKS AND PAPERS. Section 100. Official ballots for elections. 101. Number of official and sample ballots. 102. Placing names upon ballot. 103. Order of names upon ballot. 104. Classification and form of official ballots other than primary ballots. 105. Ballots for general officers. 106. Ballots for questions submitted. 107. Ballots for presidential electors. 108. Ballots for primary election. 109. Public inspection of ballots. 110. Preparation and furnishing of adhesive pasters. 111. General provisions as to form and number of return blanks. 112. Form of ballot return. 113. Form and return of votes for officers or positions, other than presidential electors. 114. Description of tally sheets except for the office of presidential elector. 115. Form of return of votes upon questions submitted. 116. Forms of return and tally of votes cast for presidential electors. 117. Application for ballots by absentee voters. 118. Determination upon absentee voters' application for ballots; delivery of ballots. 119. Ballots for absentee voters; lists of candidates. 120. Envelopes for absentee voters' ballots. 121. Enrollment blanks for absentee voters whose registration is not personal. 122. Method of voting by absentee voter. 123. Perservation of ballots; judicial or legislative examination. § 100. Official ballots for elections.-Official ballots shall be provided at public expense at each polling place for every primary election and for every election at which public officers are to be elected directly by the people, except an election of school district officers or school officers of a 1 §§ 101, 102. Ballots and returns; absentee voting. L. 1922, ch. 588. city or village at which no other public officer is to be elected, and except an election of officers of a fire district outside of cities and incorporated villages, at which excepted elections any form of ballot which may be adopted and used by the meeting at which such election shall be had shall be legal. Source.-Former Election Law (L. 1909, ch. 22), § 330. § 101. Number of official and sample ballots.-The number of official ballots of each kind to be provided for each polling place, except for a primary election, shall be one and one-tenth times the number of voters entitled to vote at the polling place, as nearly as can be estimated by the board or officer providing such ballots. The number of official ballots for each party to be provided for each polling place at a primary election shall be not less than sixty nor more than one hundred and five per centum of the total number of enrolled voters of the party in the election district of such polling place. If the official ballots required to be furnished by any board or officer shall not be delivered to such board or officer at the time required, or if after delivery shall be lost, destroyed or stolen, such board or officer shall cause other ballots to be prepared as nearly in the form of the official ballots as practicable, but without the indorsement, and to be delivered to the inspectors of election. Such ballots shall be known as unofficial ballots. Sample ballots of each kind equal in number to ten per centum of the number of official ballots, printed on paper of a different color from any of the official ballots and without numbers on the stubs, but in all other respects precisely similar to the official ballots, shall be provided for each polling place. Upon printing the sample ballots for a primary election, the board of elections shall send to the secretary of state one such ballot for one of the election districts in each assembly district. Source.-Former Election Law (L. 1909, ch. 22), §§ 79, 333, 340, 345. § 102. Placing names upon ballot. If the officer or board with whom or which are filed petitions or certificates of designation or nomination shall find that such petitions or certificates are in compliance with this chapter, the names of the candidates thereby designated or nominated shall, unless otherwise ordered by a court or judge of complete jurisdiction, be printed upon the appropriate official ballot; but any petition filed with the secretary of state, or any city, town or village clerk or any independent nominating petition filed with any board of elections outside of the city of New York shall be presumptively valid if it is in proper form and appears to bear the requisite number of signatures, authenticated as prescribed in this chapter. Source.-New. Validity of designating petition.-The board of election (county clerk) has the power and it is his duty to pass upon the validity of a designating petition whether L. 1922, ch. 588. Ballots and returns; absentee voting. § 103. or not objections are filed thereto. Matter of Booth (1922), 119 Misc. 243, 196 N. Y. Supp. 88. § 103. Order of names upon ballot.-1. The officer or board who or which prepares the general officers' ballot shall determine the order in which shall appear, below the names of party candidates, the nominations made only by independent bodies. Such officer or board also shall determine the order in which shall be printed, in a section of such ballot the names of two or more candidates nominated by one party or independent body, for an office to which two or more persons are to be elected; provided, however, that any such candidate may, by a writing filed with such board or officer not later than one week after the adjournment of the convention or the primary election nominating him, or otherwise not later than two days after the filing of the petition or certificate nominating him, demand that such order be determined by lot, and in that case such order shall be so determined, upon two days' notice by mail given by such board or officer to each candidate for such office. 2. The officer or board with whom or which is filed the designations for a public office or party position shall determine by lot, upon two days' notice by mail given by such board or officer to each candidate for such office or postion and to the committee, if any, named in the designating petition, the order in which shall be printed on the official primary ballot, under the title of the office or postion, the names of candidates for public office, the names of candidates for a party postion to which not more than one person is to be elected, and the groups of names of candidates for party position, where two or more persons are to be elected thereto and any petition designates two or more persons therefor. The names of candidates, if any, for a party position to which two or more persons are to be elected, who are designated by individual petitions and not in a group shall be printed below such group or groups, in such order as between themselves, as such officer or board shall determine by lot upon the notice specified in this subdivision. The names within a group of candidates designated for party position by one petition shall be printed in the same order in which they shall appear in the petition, unless they appear in a different order on different papers of the petition, in which case their order within the group shall be determined by such officer or board by lot upon the notice specified in this subdivision. However, the notice to a committee, of the drawing, need not be mailed to more than five members, if there be that many, and as to offices or party positions for which designating petitions are filed with the board of elections of the city of New York the notice lot shall be given to the committees only. 3. If a vacancy in a designation or nomination be filled after the making, in the manner provided in this section, of a determination of the order in which the names of candidates for the office or position are to be printed. the name of the candidate designated or nominated to fill such vacancy shall be printed in the place so determined for the original candidate. |