Duty of inspecfors. I. AN ACT Recommending a Convention of the People of this State. B E it enacted by the People of the State of New-York, represented in Senate and Assembly, That the inspectors at each poll, in the several towns and wards of this state, at the annual election, to be held on the last Tuesday in April next, shall provide a proper box, to receive the ballots of the citizens of this state, in relation to the convention herein after provided for. On which ballois shall be written or printed, by those voters who are in favour of the proposed convention, the word Convention, and by those voters who are opposed thereto, the words No Convention, and that all free male Persons entitled citizens of this state, of the age of twenty-one years or upwards, who shall possess a freehold within this state, or who shall have been actually rated, and paid taxes to this state, or who shall have been actually enrolled in the militia of this state, or in a legal volunteer or uniform corps, and shall have served therein, either as an officer or private; or who shall have been, or now are by law exempt from taxation, or militia duty; or who shall have been assess. ed to work on the public roads and highways, and shall have worked thercon, or shall have paid a commutation therefor, according to law; shall be allowed, during the three days of such election, to vote by ballot as aforesaid, in the town or ward in which they shall actually reside. to vote. Chalenges. Oath. Flection how conjucted. 11. And be it further enacted, That it shall be lawful for either of the inspectors of such election, of his own accord, and it shall be the duty of such inspectors, when thereto required by any citizen entitled to vote as aforesaid, to administer to any person offering to ballot as aforesaid, the following oath or affirmation: "I- -, do solemnly swear or affirm, (as the case may be,) that I am a natural born, or naturalized citizen of the state of New-York, or of one of the United States, (as the case may be,) of the age of twenty-one years, or upwards: that I am the owner of a freehold within this state; or that I have been actually rated and paid taxes to this state; or that I actually have been enrolled, and have served in the militia of this state, or in a legal volunteer or uniform corps, either as an officer or private; or that I have been or now am by law cxempt from taxation or militia duty; or that I have been actually assessed to work on public roads and highways, and have worked thereon, or have paid a commutation therefor, according to law: and that I now am an actual resident and inhabitant of the town or ward in which I offer my ballot; and that I have not before voted and will not again vote at this election." And it is hereby declared, that if any person, so being required to take the said oath or affirmation, shall refuse to take the same, he shall not be allowed to vote at such election, until he shall take such oath or affirmation. III. And be it further enacted, That the said election shall, in all respects, be conducted, and the poll lists shall be kept, in the manner prescribed by law, for the election of senators; that the said rotes shall be canvassed by the inspectors of the several polls of the said election, and the returns thereof made by such inspectors, to the clerks of the respective towns and counties, at the same time, and in the same manner, as the canvass and return of votes for senators are by law directed to be made; that the certificates of the returns of the said votes, shall be recorded by the clerks of the several towns and counties, and transcripts thercof shall be certified, and be transmitted to the secretary of this state, at the same time and in the same manner, as certificates of the votes for senators, are now by law required to be recorded, transcribed, and transmitted to the secretary of this state; that the said transcripts received by the secretary of this state as aforesaid, shall remain in his office of record, and the votes so given, shall be canvassed at the same time, by the same persons, and in the same manner, and the result thereof shall be published as is prescribed by law, in relation to the election of sen ators. Duty of can IV. And be it further enacted, That if it shall appear by the said canvass, to be made as aforesaid, that a majority of the ballots or vassers, votes, given in, and returned as aforesaid, are for No Convention, then and in such case, the canvassers are hereby required to certify and declare that there shall be no further proceedings under this act, in relation to the calling of a convention. But that if it shall appear by the said canvass, that a majority of the ballots or votes are for a Convention, that then and in such case, the canvassers shall certify and declare, that a convention will be called accordingly, and that And of the se a copy of the said certificate shall be transmitted by the secretary of cretary. this state, to the sheriffs of the respective cities and counties of this state, and shall be by them published, and copies delivered to the supervisors of the several towns, within the respective counties, in the same manner as notices for the election of senators are now by law required to be published and delivered. V. And be it further enacted, That in case the said canvassers shall Delegates when certify and declare a majority of such ballots or votes to be for a and how chosen, Convention, it shall and may be lawful, and it is hereby recommend. ed to the citizens of this state, on the third Tuesday of June next, to elect by ballot, delegates to meet in convention, for the purpose of considering the constitution of this state, and making such alterations in the same as they may deem proper; and to provide the manner of making future amendments thereto. VI. And be it further enacted, That the number of delegates to be Number of dele- ed; and that all persons entitled to vote by this law for delegates, Who are eli- third Tuesday of June next, and shall continue and be held on that When and bow Penalties for ne returns, &e. such certificates shall be returned as aforesaid, calculate and ascertain the whole number of votes given for the respective candidates, voted for as delegates for such county; and shall determine, conformably to the said certificates of the said inspectors, upon the person or persons duly elected by the greatest number of votes as dele. gates for such county; which determination shall be entered of re cord, in the office of such clerk, and such clerk shall cause a certi. ficate of such election to be given to each person so found to be elected as a delegate, within fifteen days after such determination; and shall also transmit a copy of such determination to the office of the secretary of this state, there to be filed and remain of record; and that the inspectors of the said election, or the major part of them, shall give the like notice of the time and place where such elec. tion for delegates is to be held, as is directed by law to be given of the time and place of choosing members of assembly; and that the inspectors and clerks of the said election, shall severally take the oath directed to be taken by the inspectors and clerks of elections, in and by the act entitled, "An act for regulating elections," which oath, either of the said inspectors is hereby authorized to administer; and that it shall be the duty of the proper authority of the several cities in this state, to appoint inspectors of election under this act, in the same manner as they are required by law for annual elections, at least twelve days before the time appointed for holding the election authorized by this act. VII. And be it further enacted, That if any inspector of the said glect and false elections, or either of them, shall wilfully omit or neglect to make returns of the said election, within the times prescribed as aforesaid, or shall wilfully make any false return, or shall wilfully make or cause to be made, any error in such returns or either of them, and if any clerk of any county shall wilfully certify falsely, the result of either of the said elections, or shall wilfully make or cause to be made, any error in any transcript to be made by him as aforesaid, or shall wilfully neglect or omit to transmit the said transcripts, within the times aforesaid, such inspector or clerk, so offending, shall be liable to indictment and conviction for a misdemeanor, in any court of competent jurisdiction; and upon such conviction, shall be subject to a fine not exceeding one thousand dollars, or to imprisonment in the county prison, not exceeding one year; and shall be disabled to hold any office of honour, trust, or profit, under the authority of this state: And the said inspectors and clerks of elections, clerks of counties, and canvassers, shall be liable, for any other mal and corrupt conduct in relation to the said elections, or either of them, to the penalues prescribed in similar cases, in and by the "act for regulating elections," and the said officers shall be paid for their services at the said elections, or either of them, performed under this act, to the same amount, and in like manner, as they are now directed to be paid by law, for sunilar services at elections for senators or members of assembly. Convention when to meet Lion, &c. VIII. And be it further enacted, That the delegates so to be chosen, and compensa- shall meet in convention at the capitol, in the city of Albany, on the last Tuesday of August next, from whence they may, if they think proper, adjourn to any other place; and they, and their attendants and officers, shall be allowed the like compensation for their travel and attendance, as the members of the legislature are allowed by law; the amount of which shall be certified by the president of the convention, and shall be paid by the treasurer of this state, on the war. rant of the comptroller: and it shall be the duty of the clerks of the Daty of the se senate and assembly, to attend the said convention, on the opening cretary of state. thereof, and they, and the secretary of this state, shall furnish the said convention with such papers in their possession, as the said convention may deem necesssary; and the secretaries of the convention shall and may provide stationary for the use thereof, the amount of which shall be paid on the certificate of the president thereof, in like manner as the contingent expenses of the assembly are now paid by law. and amend TX. And be it further enacted, That the proceedings of the said con- Proceedings vention, shall be filed in the office of the secretary of this state, and when to be filed, the determination and propositions of the said convention shall be en- ments how to be tered of record in the same office. And that it shall be the duty of submitted, &c. the said convention, to submit their proposed amendments to the decision of the citizens of this state, entitled to vote under this act, to gether, or in distinct propositions, as to them shall seem expedient. And that the said convention shall prescribe the time and manner of holding an election for such purpose, and the mode of canvassing, and determining the result, and all the regulations necessary thereto. And that all sheriffs, officers, inspectors, and persons in authority Duty of sheriffs within this state, shall, in respect to the said election to be prescribed &c. by the said convention, and all regulations necessary thereto, exercise every power and authority, as in relation to annual elections; and shall be paid in like manner, and shall receive a like compensation therefor; and shall obey and conform to the prescriptions of the convention, in that behalf, under the penalty upon each and every Penalty. person wilfully neglecting or refusing, of one thousand dollars for each offence, and imprisonment not exceeding one year; and for any mal or corrupt conduct in the premises, each and every such person shall be disabled to hold any office of honour, trust, or profit, under the authority of this state. And the propositions of such convention, When amendwhich shall be approved by a majority of the votes at such election, ments declared shall be deemed and taken to be a part of the constitution of this tution. state; and that the propositions which shall not be so appoved, shall be considered void and of none effect. a part of consti X. And be it further enacted, That all wilful and corrupt false False swearing swearing, in taking any of the oaths prescribed by this act, or at or declared per in relation to the election to be directed by said convention, shall be jury. deemed perjury, and shall be punished in the manner now prescribed by law, for wilful and corrupt perjury. XI. And be it further enacted, That it shall be the duty of the secre- Duty of seeretary of this state, forthwith to cause this act to be published in all tary of state in publishing, &c. the public newspapers printed in this state, and to cause the same to be printed and distributed to the clerks of the respective counties, by transmitting to such clerks with all convenient speed, as many copies as shall be equal to ten times the number of towns and wards in such county: and the said clerks shall immediately deliver ten copies thereof to the inspectors of election in each town of the county: and the expense of such publication, printing, and distribution, shall be paid by the treasurer, on the warrant of the comptroller. AN ACT To amend an act, entitled "An act recommending a Convention of the People of this state." Passed April 3, 1821. E it enacted by the People of the State of New-York, represent Bi in Senate and chosembly, That the clerks of the several Duty of the vassers. counties of this state shall make their returns of transcripts of cer- county clerks tificates of election to the secretary of this state, as required by the and of the canact, entitled “ An act for regulating elections," and the act hereby amended, on or before the twenty-first day of May next; and the said secretary shall, on or before the twenty-third day of the same month, in conjunction with the surveyor general, attorney-general, comptroller, and treasurer of this state, attend at the secretary's office, to be notified for that purpose by such secretary, and perform all and singular the duties required of them by the acts aforesaid, and shall within three days after such meeting, decide upon and Duty of sec'ry of state. Officers author. ised to adminis to canvassers. complete their proceedings, agreeable to the requirements of said acts, any thing in the act hereby amended, or the act entitled " An act regulating elections," to the contrary notwithstanding. II. And be it further enacted, That it shall be the duty of the secretary of state to transmit by express a copy of the certificate required to be transmitted by the fourth section of the act entitled An act recommending a convention of the people of this state," passed March 13, 1821, to the sheriff's of the respective cities and counties of this state, in case it shall appear to the secretary, surveyor-general, attorney-general, comptroller, and treasurer, to be necessary to adopt that course, in order to give effect to the said act, and the expense of such express or expresses shall be paid by the treasurer, on the certificate of the secretary, and on the warrant of the comptroller. III. And be it further enacted, That any mayor, recorder, judge ter certain oaths of any court of common pleas, clerk of any county, or any commissioner authorised to administer oaths, shall have full power and authority to qualify the canvassers of the votes given at any elec. tion, and returned to the secretary's office, for governor, lieutenantgovernor, senators, members of congress, or of the votes given for or against a convention of the people of this state. |