TITLE 4. Vote, when to be rejected. Oath of in spector, if a resident of this assembly district (or senate or congressional S20. No inspector of election shall at the first election after challenged. this act takes effect, if challenged, be required in the oath administered to him to state that he is a resident of the district in which he offers to vote, if such vote is offered in the district for which he shall be appointed an inspector. Residence. Minutes respecting and filed. S 21. No person shall be deemed to have lost or acquired a residence by being a student in a college, academy, or seminary of learning; nor by living in any poor-house, alms-house, hospital or asylum in which he shall be maintained at public expense; nor by being under punishment in any prison, bridewell, or penitentiary; nor by being absent from his town or place engaged in the army or navy of the United States, or in navigating any of the waters of this state, the United States, or on the high seas; nor by being a soldier of the United States stationed at any place within this state, and without having acquired any other lawful residence. $ 22. The inspectors of election shall keep a minute of their person chal- proceedings, in respect to the challenging and administering to be kept oaths to persons offering to vote, in which shall be entered by one of them the name of every person who shall have taken the oaths prescribed by this act, or either of them, specifying in each case whether the preliminary oath, or the general oath, or both, were taken; which minute and statement shall be certified by such inspectors, and returned by them to the office at which their return of votes given at such election is made, and at the same time, and shall there be filed. The inspectors shall also direct the clerks of the polls to designate by some appropriate mark, opposite to his name, every person entered on said list who shall have taken said oaths, or either of them. 27 N. Y. 53. Challenge as a con vict. $ 23. If the person be challenged as convicted of an infamous crime, he shall not be required to answer any questions in relation to such alleged conviction; nor shall any proof of such conviction be received, other than a duly authenticated record thereof; but if any person so convicted shall vote at any such election, unless he shall have been pardoned and restored to all the rights of a citizen, he shall be deemed guilty of a misdemeanor, and on conviction shall be imprisoned in the county jail for the term of six months. ARTICLE THIRD. OF THE DUTIES OF THE BOARD OF INSPECTORS AND CLERKS OF THE POLL. SEC. 24. Ballot boxes how marked. 25. Separate boxes, in certain cases. 26. To be kept locked. 27. An opening for the ballots. 28. Ballots to be deposited. 29 & 30. Poll lists and their contents. 31. Inspectors when to challenge. 33. To commit disorderly persons. 34. Commitment by whom executed. ART. 3 boxes. $ 24. At each annual and special election the inspectors Ballot shall provide and keep a box in which all ballots required to be endorsed "State," as directed in the ninth section of this title, shall be deposited; also a box in which all ballots which are required by said ninth section to be endorsed "Judiciary," shall be deposited; also, in the proper counties, a box in which all ballots which are required by said ninth section to be endorsed "Assembly," shall be deposited; also a box in which all ballots which are required by said ninth section to be endorsed "Senate," shall be deposited; also a box in which all ballots which are required by said ninth section to be endorsed "Congress," shall be deposited. $ 25. When electors of president and vice-president are to ь. be chosen, or amendments of the constitution proposed, separate boxes shall in like manner be provided, in which shall be deposited the ballots for such electors, and on such proposed amendments. $26. Each box shall be provided with a sufficient lock, and Ib. shall be locked before the opening of the poll, and the keys thereof delivered to one of the inspectors, to be appointed by the board, and shall not be opened during the election, except in the manner and for the purposes hereinafter mentioned. $27. An opening shall be made in the lid of each box, not Ib. larger than shall be sufficient for a single closed ballot to be inserted therein at one time, through which each ballot received, proper to be placed in such box, shall be inserted. $28. When the board shall have finally received the ballot Ballots of an elector, one of the inspectors, without opening the same, or permitting it to be opened or examined, shall deposit it in the box corresponding in title with the endorsement of the ballot. deposited. $29. Each clerk of the poll shall keep a poll list, which shall Poll lists. contain one column headed "Names of voters," and so many additional columns as there are boxes kept at the election. The heading of each additional column shall correspond with 'the name of one of the boxes so kept. $30. The name of each elector voting shall be entered by I.. each clerk in the column of his poll list, headed "Names of voters;" and when there shall be more than one box kept, Canvass, when and opposite such name shall be written the figure 1, in each remaining column of such poll list, corresponding in its heading with the name of a box in which a ballot of the elector shall have been deposited. S31. It shall be the duty of each inspector to challenge every person offering to vote, whom he shall know or suspect not to be duly qualified as an elector. $ 32. The board of inspectors shall possess full authority to maintain regularity and order, and to enforce obedience to their lawful commands, during an election, and during the canvass and estimate of votes, after the closing of the poll; and shall have full authority to preserve peace and good order at and around the polls of the election, and to keep the access thereto open and unobstructed; and may appoint one or more electors to communicate their orders and directions, and to assist in the performance of the duties in this section enjoined. $33. If any person shall refuse to obey the lawful command of the inspectors, or by disorderly conduct in their presence or hearing shall interrupt or disturb their proceedings, they may make an order directing the sheriff, or any constable of the county, to take the person so offending into custody, and detain him until the final canvass of the votes shall be completed; but such order shall not prohibit the person so taken into custody from voting at such election. $34. Such order shall be executed by any sheriff or constable, to whom the same shall be delivered; or if none shall be present, by any other person deputed by such board in writing. ARTICLE FOURTH. OF THE CANVASS AND ESTIMATE OF THE VOTES BY THE BOARD OF SEC. 35. Canvass, when to be made. 36. Poll lists to be compared. 38. When found in the wrong box. 39. Excess to be destroyed. 40. Canvass and estimate of votes. 41. Excess to be destroyed. 42. Statement of result. 43. Like of presidential electors. 44. Form of statement. 45. Copy to be filed. 46. Poll lists to be filed. 47. Ballots to be destroyed. 48. Statements given to supervisor. $35. As soon as the poll of an election shall have been how made. finally closed, the inspectors of the said election, in their several districts, shall proceed to canvass the votes. Such canvass shall be public, and shall not be adjourned or postponed until it shall have been fully completed. ART. 4. $36. The canvass shall commence by a comparison of the Comparipoll lists from the commencement, and a correction of any son of poll mistakes that may be found therein. lists. be counted. $37. Each box being opened, the ballots contained therein Ballots to shall be taken out and counted unopened, except so far as to ascertain that each ballot is single. And if two or more ballots shall be found so folded together as to present the appearance of a single ballot, they shall be destroyed, if the whole number of ballots exceed the whole number of votes, and not otherwise. $ 38. No ballot properly endorsed, found in a box different b. from that designated by its endorsement, shall be rejected, but shall be counted in the same manner as if found in the box designated by such endorsement, provided that, by the counting of such ballot or ballots, it shall not produce an excess of votes over the number of voters, as designated on the poll lists. be des $39. If the ballots shall be found to exceed in number the Excess to whole number of votes on the correspondent columns of the troyed. poll lists, they shall be replaced in the box, and one of the inspectors shall, without seeing the same, publicly draw out and destroy so many ballots, unopened, as shall be equal to such excess. $40. The board shall then proceed to canvass and estimate Estimate of the votes. votes. be des S41. If after having opened or canvassed the ballots, it Excess to should be found that the whole number of them exceeds the troyed. whole number of voters entered on the poll lists, the inspectors shall return all the ballots into the box, and shall thoroughly mingle the same; and one of the inspectors, to be designated by the board, shall publicly draw out of such box, without seeing the ballots contained therein, so many of such ballots as shall be equal to the excess, which shall be forthwith destroyed. of result to $42. The canvass shall be completed by ascertaining how Statement many ballots of the same kind, corresponding in respect to the be made. names of persons thereon and the offices for which they are designated, have been received; and the result being found, the inspector shall securely attach to a statement of such canvass one ballot of each kind found to have been given for the officers to be chosen at such election, any or either of them, except those given for electors of president or vice-president; and they shall state in words at full length, immediately opposite such ballot, and written partly on such ballot and partly on the paper to which it shall be attached, the whole number of all the ballots that were received which correspond with the one so attached, so that one of each kind of the ballots received at such election for the officers then to be chosen, shall be attached to such paper, with a statement of such canvass. They shall also attach to such paper, the TITLE 4. original ballots rejected by them as being defective, which were given at such election. Canvass and statement of votes for president and vicepresident. Form of statement. Jopy to be filed. Poll lists to be filed. Ballots to be destroyed. Original statements ered to su $ 43. When electors of president and vice-president shall be chosen at any election, the inspectors shall make a separate canvass and statement of votes given for electors, in the manner prescribed in the last preceding section, by ascertaining how many ballots of the same kind, corresponding in respect to the names thereon, have been received; and the result being found, the inspectors shall securely attach to paper one original ballot of each kind found to have been given for electors, and shall state, in words at full length opposite such ballot, and written partly thereon, and partly on the paper to which it shall be attached, the whole number of ballots for electors, that were found to have been received, corresponding with the one so attached. They shall also attach to such paper all original ballots for electors, rejected by them as being defective. S44. The statements to be made by the inspectors shall contain a caption, stating the day on which, and the number of the district, the town or ward, and the county at which the election was held, in relation to which such statement shall be made; it shall also contain a statement showing the whole number of ballots taken for each person, designating the office for which they are given, which statement shall be written in words at length; and at the end thereof, a certificate that such statement is correct in all respects; which certificate shall be subscribed by the inspectors. $ 45. A true copy of the several statements made by the inspectors, shall be made and certified by them, and immediately filed by them, in the office of the clerk of the town or city. $ 46. The poll lists kept at such election shall be filed by the inspectors, or one of them, in the office of the clerk of the town or city in which such election was held, and shall be there preserved. S 47. The remaining ballots not so pasted or attached, shall be destroyed, and the board of inspectors shall be dissolved. $48. The original statements, duly certified, shall be delivto be delivered by the inspectors, or by one of them to be deputed for pervisors. that purpose, to the supervisor of the town or ward, within twenty-four hours after the same shall have been subscribed. If there be no supervisor, or he shall be disabled from attending the board of county canvassers, such original statements shall be delivered to one of the assessors of the town or ward in which such election was held. |