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Senators.

06 of Title

Chapter.)

Vacancies.

TITLE 3. ceding the expiration of the term of office of the governor and lieu

tenant-governor last chosen, direct and cause to be delivered to the sheriff, clerk, or first judge of each county, a notice in writing, that at the next general election, a governor and a lieutenant-governor are to be elected.13

S 2. He shall also, between the first days of July and September

in each year, direct and cause to be delivered to the sheriff, clerk, or [Qualified by first judge of each county, a notice in writing, specifying the names for this of the senators for the district to which such county shall belong,

whose terms of service shall expire on the last day of December thereafter. 13

S 3. If any vacancy shall exist in a county proper to be supplied at the ensuing general election, he shall in like manner, between the first day of July, and the fifteenth of October previous to such election, direct and cause to be delivered to the sheriff, clerk, or first judge of such county, a notice in writing, specifying the cause of such vacancy; the name of the officer in whose office it has occurred; and the time when his term of office will expire; and if any such * vacancy shall exist in a district, he shall in like manner direct and cause to be delivered to the sheriff, clerk, or first judge of each county

therein, the like notice. 14 Special elec- $ 4. When a special election shall have been ordered by the go

vernor in a county, the secretary of state shall forthwith cause a copy of the governor's proclamation to be delivered to the sheriff, clerk, or first judge of such county; and when ordered in a district, to the

sheriff, clerk, or first judge of each county therein. Publication. $ 5. The secretary of state shall cause a copy of each notice issu

ed by him, and of each proclamation of the governor, to be published
in the state paper, once in each week, from the date of such notice or
proclamation, until the election to which it shall refer.

ARTICLE SECOND.
Of the Notices to be given by the County and State Canvassers.
Sec. 6. When a special election is necessary, by reason of an equality of votes, board of can-

vassers to give notice thereof.
7. Notice, by whom to be signed.
$ 6. When a special election shall be necessary, in the case of an
equality of votes, provided for in the second Title of this Chapter, the
board of canvassers having power to determine on the election of the
officer omitted to be chosen, shall, without delay, direct and cause to
be delivered to the sheriff, clerk or first judge of each county in the
district, or of the county in which such election is to be held, a notice
specifying the officer to be chosen ; the time for which he is to be

tions

Publication.

When and how given.

(13) Laws of 1822, p. 268, $ 3; see also Title 8 of this Chapter, $ 6. (14) Ib. : laws of 1823, p. 418, 91.

spectore.

chosen; and the day on which such election is to be held; which day ART. 3. shall not be less than thirty, nor more than forty days from the date of m such notice.

37. The notice of such an election, if ordered by the board of How signed. state canvassers, shall be signed by the secretary of state, and if ordered by the county canyassers, by the chairman and clerk of the board.

ARTICLE THIRD.
Of the Notices to be given by the Sheriff, Clerk or First Judge,

and by the Inspectors.
Sec. 8. Sheriff, &c. receiving notice of election, to give notice to inspectors.

9. To cause notice to be published.
10. Inspector receiving notice, to give notice to other inspectors.
11. Inspectors to give eight days' notice to electors.
12. Notice to specify officers to be chosen.

13. Inspectors to cause notices to be posted. $ 8. The sheriff, clerk or first judge of each county, who shall re- Notice to inceive a notice of an election, shall, without delay, give notice in writing of such election, to one of the inspectors of elections in each town or ward in his county.15

9. Such sheriff, clerk or first judge shall also cause a copy of the Publication. notice to be published in all of the public newspapers printed in his county, if there be any; if not, then in some newspaper printed in an adjoining county, once in each week, from the date of such notice until the election.

S 10. The inspector receiving such notice shall, without delay, Inspectore. give notice thereof in writing to the other inspectors of his town or ward, and in such notice shall fix a time and place for the meeting of the board of inspectors. 16

S 11. The inspectors of each town or ward, or a majority of them, Ib. notice to shall meet at the time and place so appointed, or if such meeting shall not take place, at such other time and place as the inspector calling the meeting shall afterwards fix; and shall, by notices in writing under their hands, give at last eight days' notice to the electors of the town or ward, of the time and place at which such election is to be held therein. 16

S 12. Each notice shall also specify the officers to be chosen, and Contents, the hour of opening, adjourning and closing the poll of the election on each day thereof. The notice, if of a general election, shall also state whether any of the officers then to be chosen are to supply vacancies, and the names of those in whose offices such vacancies shall have occurred. If the notice be given by the inspectors of a town, it shall also state the number of justices of the peace then to be chosen in

electors.

(15) Laws of 1822, p. 268, 3 ; 1823, p. 419, $1. (16) Laws of 1822, p. 268, § 4.

TITLE 4 such towe, and the names and unexpired time of service of those, in

whose offices any vacancy then to be supplied, shall have occurred. "7 Hoe posiad. 3 13. The inspectors shall cause such notices to be posted in a con

spicuous manner, in at least five of the most public places of their town or ward."

TITLE IV.
OF THE MANNER OF CONDUCTING ELECTIONS.
ART. 1.-01 tbe forsatiou of the board of inspectors, and tbe appointment of clerks.
ART. 2.-Of tbe manner of voting, and of chalenges.
ART. 3.–Of the duties of the board of inspectors, and clerks of the poll.
ART. 4.–Of the canvass and estimate of the votes by the board of inspectors

hoard to be formed.

Chaima

ARTICLE FIRST.
Of the Formation of the Board of Inspectors and the Appoint-

ment of Clerks.
Sec. 1. Inspectors to meet at place, &e of election, and to organize.

2 Sapervisor to be chairman of board.
3. If no supervisor, board to appoint chairman.
4. Chairman to swear inspectors, and one of them to swear him.
5. Inspectors to appoint two clerks
6. Clerks to take oath.
7. Poll then to be opened, and proclamation made.
8. Kept open from sun rise to sun down.
9. In New-York, to be kept open from nine o'clock till sun don

10. At opening, inspectors to give notice of the hour of adjournment
S 1. The inspectors of each town or ward, shall meet at the time
and place, when and where, an election shall have been appointed to
be held therein, and shall proceed to organize themselves as a board,
for the purpose of presiding at and conducting such election."

S 2. Whenever the supervisor shall be one of the board, he shall, in right of his office, be chairman thereof.

S 3. If the supervisor be not a member of the board, or be absent, such one of their number as the inspectors shall appoint, shall be chairman of the board.

S 4. The chairman of the board shall administer to the other inspectors the oath of office, as prescribed by the constitution, and the same oath shall then be administered to the chairman, by one of the other inspectors. 17

$ 5. The inspectors, or a majority of them, having severally taken such oath, the board shall then appoint two clerks, to be called clerks of the polls. 17

$ 6. The clerks shall each take the constitutional oath of office, which shall be administered to them, by the chairman of the board. 17

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$ 7. The poll of the election shall then be opened, and proclama- ART. 2. tion thereof made ; and proclamation shall also be made of each ad

Poll opened. journment, and of the opening and closing of the poll, on each day of the election.18

S 8. The poll shall be kept open in the day-time only, between Ib the rising and setting of the sun; and shall not be opened before, nor kept open after, the hour of which the inspectors shall have given

notice. 18

ment.

$ 9. In the city of New York, the poll shall be opened at or be- Ib. fore nine o'clock in the morning of each day, on which the election shall be held, and shall be kept open on each day of such election, until the setting of the sun.19

$ 10. At each opening of the poll in the forenoon, the inspectors Adjournshall give notice at what hour on that day, and for how long, the poll will be adjourned, if any adjournment take place; and also at what hour the poll will be closed for that day.18

ARTICLE SECOND.
Of the Manner of Voting, and of Challenges.
Sec. 11. Electors to vote by ballot; ballot to be folded.

12. Ballot to contain the names of the persons voted for.
13. What words to be on outside.
14. Ballot, how endorsed.
15. Ballots, how prepared at a general election, when there is also a vacancy to be sup-

plied.
16. At congressional election, person intended to fill vacancy to be designated.
17. If yoter be challenged, inspectors to state qualifications.
18. Oath of person challenged, if not a coloured man.
19. Oath of coloured persons.
20. If person challenged refuse to swear, his vote to be rejected.
21. Challenge for crimes, how proved. Punishment of convicts for voting when not

entitled to vote. S 11. The electors shall vote by ballot, and each person offering Ballot. to vote, shall deliver his ballot, so folded as to conceal the contents, to one of the inspectors, in the presence of the board.20

$ 12. The ballot shall be a paper ticket, which shall contain, writ- Its formn. ten or printed, or partly written and partly printed, the names of the persons for whom the elector intends to vote, and shall designate the office to which each person, so named, is intended by him to be chosen; but no ballot shall contain a greater number of names of persons as designated to any office, than there are persons to be chosen at the election, to fill such office. 21 S 13. On the outer side of each ballot when folded, shall appear, Endorse

ment written or printed, one of the following words: “State,” “Congress,” “County,” or “Justices;" but no ballot found in the proper box shall be rejected for want of such endorsement.

(18) Laws of 1822, p. 268, $ 4. (19) Ib. 65. (20) Laws of 1822, p. 267, § 1&7. (21)

Contonts.
State,

Congress.

County.

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TITLE 4. S 14. The ballot endorsed “State,” shall contain the names of the

persons designated by the elector for the offices of governor, lieutenantgovernor and senator, any or either of them;

That endorsed “Congress,” the names of the persons designated for the office of representative in congress, and elector of president and vice-president, any or either of them;

The ballot endorsed “County,” the names of the persons designated for the office of member of assembly, and the county officers to be

chosen at such election, any or either of them; Justices. And the ballot endorsed “ Justices,” the names of the persons de

signated for the office of justice of the peace, in the town in which the election is held.22

S 15. If at a general election, there be one or more vacancies to be supplied in the office of senator, or in the office of justice of the peace, and at the same election a senator or justice is to be elected for four years, it shall not be necessary to designate on the ballot for which term the person voted for is intended, but it shall be afterwards determined by lot, for which term the persons respectively elected, shall serve, without regarding any designation.23

S 16. If at a general election for representatives in congress, any person named in a congress ballot, shall be intended to supply a vacany in the office of such representative, the ballots shall designate

the congress, for which each person is intended to be chosen. Challenges. $ 17. If any person offering to vote shall be challenged as unquali

fied, by an inspector, or by any other person, entitled to vote at the same poll, the board of inspectors shall declare to the person so challenged, the qualifications of an elector.

S 18. If he shall state himself to be duly qualified, and the challenge shall not be withdrawn, one of the inspectors shall then tender to him, the following oath :

“You do swear (or affirm) that you are a citizen of the United States, of the age of twenty-one years; that you have been an inhabitant of this state for one year next preceding this election, and for the last six months a resident of this county; that you are now a resident of this town, (or ward as the case may be,) and that you have not voted at this election."24

S 19. If the person so offering to vote be a coloured man, the following oath shall be tendered to him: “You do swear (or affirm) that you are of the age of twenty-one years; that for three years you have been a citizen of this state ; that you have been an inhabitant of this state for one year next preceding this election, and during that time have been, and that you now are, seized and possessed of a freekold estate of the value of two hundred and fifty dollars, over and

(22) Laws of 1822, p. 267, 97. (23) Laws of 1824, p. 317. (24) Laws of 1822, p. 271,

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