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§ 298. Maps and certificates of boundaries of election districts.

When a ward of a city or an assembly district within a city shall be divided into two or more election districts, the officers or board creating, dividing or altering such election districts shall forthwith make a map or description of such division, defining it by known boundaries, and cause such map or description to be kept open for public inspection in the office of the city clerk, and cause one copy thereof to be posted not less than ten days prior to the first day of registration in each year at the last polling place of each former election district, or of each ward not previously divided into two or more election districts, which is affected by such alteration, division or creation of an election district or districts, and one copy thereof at each police station house in the ward or assembly district, and shall, prior to the first day of registration in each year, furnish copies of such map or description to the inspectors of election in each election district of such ward or assembly district; such maps to be posted in the place of registration and remain posted until the close of the general election. The remaining maps so printed shall be distributed in the discretion of said boards of elections, which shall have respectively the power to charge for each map a price not exceeding the cost of printing the same; and any moneys resulting from the sale thereof shall be paid to the comptroller of the city of New York or to the county treasurer of the county, in counties outside of the city of New York, for the benefit of the treasury of said city or county. The scale of such maps shall, so far as possible, be uniform and large enough to permit the printing of the street corner numbers of the block or blocks defining the extreme boundaries of each election district within or outside the lines of such block or blocks respectively; and such street corner numbers shall be printed in or outside such block lines upon said maps, so that the lowest and highest street numbers within the election district of every street bounding such election district shall be plainly shown thereon. The copies furnished to the inspectors of election shall have printed on each or affixed to each in some secure way the list of places designated pursuant to the next section as places at which the meetings for the registration of voters and the election shall be held during the year within such ward or assembly district.

The officers creating, dividing or altering an election district in

a town shall forthwith make a certificate or map thereof, exhibiting the districts so created, divided or altered, and their numbers respectively and file the same in the county clerk's office except in the county of Erie, and in the county of Erie in the office of the commissioner of elections, and a copy thereof in the town clerk's office, and cause copies of the same to be posted in at least five of the most public places in each election district of such town, and the county clerk or commissioner of elections as the case may be, shall, prior to every general election, furnish copies of such maps or certificates, to the inspectors of election in each election district. of such town, provided such election district is not coterminous with the town lines.

Derivation: Election Law, § 9, as amended by L. 1902, ch. 89, § 1; L. 1905, ch. 643, § 4; L. 1906, ch. 642, § 1.

Amended by L. 1917, ch. 703, in effect June 1, 1917.

Maps are not confined to new districts only, but to all districts. Report of Atty. Gen. (1896), 227.

§ 299. Designation of places for registry and voting.

1. On the first Tuesday of September in each year, the town board of each town, and the common council of each city, except Buffalo, and the board of elections of the city of New York, shall designate the place in each election district in the city or town at which the meeting for the registration of voters and the election shall be held during the year; provided, however, that in a city the place so designated, if a schoolhouse of other public building, may be in a contiguous election district. In the city of Buffalo the board of elections of the county of Erie shall designate such places for registry and election on the first Monday in August in each year.

2. Each room so designated shall be of a reasonable size, sufficient to admit and comfortably accommodate at least ten voters at one time outside of the guard-rail, and such room must in addition be of sufficient size to allow of the placing of the booths, furniture and equipment of such polling place as provided in the election

law.

3. A school-house or other public building shall be designated, if the use of the same as a registration and polling place shall not interfere with their customary use and if such schoolhouse or other public building be so situated as to be convenient to the electors residing in the election district. The expense, if any, incidental to their use under such desig

nation shall be paid like the expense of other registration and polling places. Whenever a school or other public building is located in an election district and the registration and polling place of such district is not located in a school or other public building, a statement of the reason for not designating such a building must be entered by the board or officer charged with the duty of making such designations in the minutes or other record making the desig nation.

4. No building or part of a building, shall be so designated in any city, if within thirty days before such designation, intoxicating liquors, ale or beer, shall have been sold in any part thereof. No room shall be designated elsewhere than in a city, if within thirty days before such designation, intoxicating liquors, ale or beer, shall have been sold in such rooms, or in a room adjoining thereto, with a door or passageway between the two rooms.

5. In the event that the registration shall be so large that the polling place already designated would be unreasonably crowded on election day, the board of elections may between the last day of registration and election day change the polling place so as to obtain a larger room. If for any reason said board of elections changes a polling place said change must be made at least ten days before the day of election and at least five days before election day said board must send a written notice to each registered voter, notifying him of such change in the location of said polling place.

6. No intoxicating liquors, ale or beer shall be sold in such building in a city or such room or adjoining room elsewhere after such designation and before the general election next thereafter, or be allowed in any room in which a meeting of inspectors for the election district is held for the registration of electors thereof or in which an election is held during any day of registration or election or canvass of the votes. Any person or persons violating the provisions of this section shall be guilty of a misdemeanor.

7. If any place so designated shall thereafter and before the close of the election be destroyed, or for any reason become unfit for use, or can not for any reason be used for such purpose, the officers charged with the designation of a place for such election shall forthwith designate some other suitable place for holding such election. Not more than one polling place shall be in the same room, and not more than two polling places shall be in the same building, except if any city, town or village owns or occupies a building suitable for holding an election there may be as many polling places located in such building as there are rooms which are separated by permanent partitions.

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Derivation: Election Law, pt. of § 10, as amended by L. 1897, ch. 379, § 4; L. 1901, ch. 95, § 4; L. 1903, ch. 197, § 1; L. 1904, ch. 249, § 1; L. 1905, ch. 643, § 5; L. 1906, ch. 259, § i.

Amended by L. 1910, ch. 428; L. 1915, ch. 678; L. 1916, ch. 537; L. 1918, ch. 323; L. 1920, chs. 44, 103; L. 1921, ch. 319, in effect April 22, 1921.

Cross-references.- Local bills designating places of voting not to be passed by legislature. N. Y. Constitution, art. 3, § 18 (part 2, post). Liquor selling within one-quarter of a mile of any voting place is unlawful. Liquor Tax Law, § 30.

Polling place outside of district. The word "elsewhere" in the constitutional provision that an elector must vote "in the election district of which he shall at the time be a resident, and not elsewhere," means some other election district polling place than that for the election district in which the voter resides. People ex rel. Lardner v. Carson (1898), 155 N. Y. 491, aff'g 10 Misc. 237, 30 N. Y. Supp. 817, 861 Hun 617.

The designation under legislative authority of a polling place in a city for a town outside the city, at which residents of the town only and not residents of the city are allowed to vote, is not prohibited by the constitutional provision that an elector must vote "in the election district of which he shall at the time be a resident, and not elsewhere." People ex rel. Lardner v. Carson (1898), 155 N. Y. 491, aff'g 86 Hun 617, which aff'd 10 Misc. 237, 30 N. Y. Supp. 817.

Construction of section by attorney-general.- When town board has neglected to designate polling places within time specified by law, such designation may be made subsequently. Report of Atty.-Gen. (1896), 231.

Election may be held in a room formerly used as a political club-room. Report of Atty.-Gen. (1896), 231.

The place for registration and for election must be within the borders of the election district. Report of Atty.-Gen. (1897), 205.

Burning of the building in which the election is being held does not per se vitiate the election. Report of Atty.-Gen. (1903), 280.

The fact that a room designated for polling place and the bar-room are on different floors does not avoid the prohibition of this section where it clearly appears that there is a passageway between the room designated and the barroom. Rept. of Atty.-Gen. (1908), 532.

§300. Equipment of polling places.

The officers authorized to designate such places in any town or city shall provide for each polling place at such election, the necessary ballot and other boxes, guard-rails, voting booths and supplies therein, and the other furniture of such polling place, necessary for the lawful conduct of each election thereat, shall preserve the same when not in use, and shall deliver all such ballot and other boxes for each polling place, with the keys thereof, to the inspectors of each election district at least one-half hour before the opening of the polls at each election.

Derivation: Election Law, pt. of § 10, as amended by L. 1897, ch. 379, § 4; L. 1901, ch. 95, § 4; L. 1903, ch. 197, § 1; L. 1904, ch. 249, § 1; L. 1905, ch. 643, § 5; L. 1906, ch. 259, § 1.

Cross-references.- Officers providing ballots and stationery. Election Law, § 341. Supplies where ballot machines are used. Election Law, §§ 398-406. Instruction cards and markers not to be taken down, torn or defaced. Election Law, § 350. Penalty for removal, mutilation or destruction of election booths, supplies, poll-lists or cards of instruction. Penal Law, § 758 (part 5, post). Removal, mutulation, etc., of public copy of registration. Election Law, § 184.

Supplies referred to in this section mean such articles as are not required to be furnished by the county clerk. Report of Atty.-Gen. (1896), 227.

§ 300-a. Display of American flag.

The American flag shall be displayed in each polling place in this state by the board of inspectors during the hours when such boards are in session. The board, body or officer now charged with the duty of defraying the expenses of conducting primaries and elections shall furnish said flag, which shall be approximately three feet by five feet in size.

Added by L. 1913, ch. 783. In effect May 31, 1913.

§ 301. Publication of list of registration and polling places.

The officers authorized to designate the registration and polling places in any city, except the city of New York, shall cause to be published in two newspapers within such city a list of such places so designated, and the boundaries of each election district in which such registration and polling place is located. Such a list shall also be filed by such officers with the state superintendent of elections at least five days prior to the first day of registration. Such publication shall be made in the newspapers so selected upon each day of registration and the day of election, except that if such newspaper be an evening newspaper it shall be made on the day prior to each of such days. One of such newspapers so selected shall be one which supports the candidates-nominated that year by the political party polling the highest number of votes in the state at the last preceding election for governor, and the other newspaper so designated shall be one which supports the candidates nominated that year by the political party polling the next highest number of votes for governor at said election.

The board of elections of the city of New York shall cause to be published in two newspapers in each borough within such city a list of the registration and polling places so designated in each borough and the boundaries of each election district therein in

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