TITLE V. OF THE FINAL CANVASS, AND THE MODE OF DECLARING AND ART. 1. CERTIFYING THE RESULT. Of the board of county canvassers, and their proceedings. - Of the duties and proceedings of the county clerk. Of the duties of the secretary of state, previous to the meeting of the state canvassers. ART. 4. Of the formation and proceedings of the board of state canvassers. ART. 1. ARTICLE FIRST. OF THE BOARD OF COUNTY CANVASSERS AND THEIR PROCEEDINGS. SEC. 1. Board how formed. 2. When and where to meet. 3. Secretary to the board. 4. Oath to the canvassers. 5. Quorum of the board. 6. Estimate of votes to be made. 9. Each to be certified. 10. When to decide who is elected. 15. What mistakes may be corrected. composed. § 1. The supervisors or assessors, to whom the original Board, how statements of the canvass of votes in the towns or wards, to which they respectively belong, shall have been delivered, shall form the county board of canvassers. when to $2. They shall meet at the office of the clerk of the county, Where and on the Tuesday next following the election, before one o'clock meet. in the afternoon of that day, in all the counties of this state except the county of Hamilton, which shall meet on the first Friday next following said election, and shall choose one of their number as chairman. $ 3. The clerk of the county, or in his absence his deputy, Secretary. shall be secretary of the board. S4. The chairman shall then administer the constitutional Oath. oath to each member of the board, and the same oath shall be administered to him by the secretary. $5. The major part of the supervisors or assessors to whom Quorum. the original statements of the canvass in the several districts in their towns or wards shall have been delivered, shall be a sufficient number to constitute a board. votes to be $6. The original statements of the canvass in each district Estimate of shall then be produced, and from them the board shall proceed made. to estimate the votes of the county, and shall make such statements thereof as the nature of the election shall require; such statements shall then be delivered to and deposited with the county clerk. Separate to be made. TITLE 5. S7. They shall make a separate statement containing the statements whole number of votes given in such county for the office of governor, lieutenant-governor, judge of the court of appeals, justice of the supreme court, clerk of the court of appeals, secretary of state, comptroller, treasurer, attorney-general, state engineer and surveyor, canal commissioner, inspector of state prisons, senator in each district, and representative in congress in each district or any or either of them; the names of the persons for whom such votes were given, and the number of votes given for each; another, of the votes given for all county officers, any or either of them; another, of the votes given for member of assembly, in each assembly district; and another, of the votes for electors of president and vicepresident; and another, of the votes given for any proposed amendment to the constitution. No. of votes written at $8. In such statements, the whole number of votes given and names in each town and district, the names of the candidates, and the number of votes given to each, shall be written out in words at full length. length. How certi fied. $9. Each statement shall be certified as correct, and attested by the signatures of the chairman and secretary of the board; and a copy of each, thus certified and attested, shall be delivered to the county clerk, to be recorded in his office. Members of S 10. Upon the statement of votes given for members of and county assembly and county officers, the board shall proceed to determine what person or persons have, by the greatest number of votes, been duly elected to each of the offices mentioned in each statement. assembly officers. Copy to be published. If an inspector can at board. $ 11. The board shall cause a copy of every such determination, and of the statement upon which it shall be made, to be published in one or more of the newspapers printed in the county. S 12. If any one of the supervisors or assessors appointed not attend to attend the county canvass shall be unable to attend the meeting of the board on the day appointed for such meeting, he shall, on or before that day, cause to be delivered at the office of the county clerk the original statement of the votes of his town or ward. Duty of those who attend. Ibid. S 13. If on that day a majority of the county canvassers shall not attend, or the statements of the votes from every district in the county shall not be produced, the canvassers then present shall adjourn to some convenient hour of the next day. S 14. At that hour they shall again meet, and the canvassers then attending, although less than a majority of the whole, shall organize themselves as a board, and upon the statements, or certified copies thereof, then produced, shall proceed to estimate, state and certify the votes of the county, in the manner before directed. Statements S 15. If upon proceeding to canvass the votes, it shall clearly omissions, appear to the canvassers that in any statement produced to containing, ART. 2. &c, may be be corrected them, certain matters are omitted in such statement, which should have been inserted, or that any mistakes which are returned to clerical merely exist, they shall cause the said statement to be sent by one of their number, (who they shall depute for that purpose,) to the town or ward inspectors, and town or ward canvassers of the town or ward from whom they were received, to have the same corrected; and the said canvasser so deputed shall immediately proceed and give notice to the said town or ward inspectors and canvassers, whose duty it shall be forthwith to assemble together and make such correction as the facts of the case require; but such town or ward inspectors and canvassers shall not at such meeting change or alter any decision before made by them, but shall only cause their canvass to be correctly stated; and the board of county canvassers are authorized to adjourn from day to day, for the purpose of obtaining and receiving such statement, such adjournment not to extend beyond three days. ARTICLE SECOND OF THE DUTIES AND PROCEEDINGS OF THE COUNTY CLERK. 17. To send special messengers. 18. To record the statements. 19. To prepare copies. 20. To transmit to governor, &c. 21. To deliver copies to persons elected. 22. To send list to secretary of state. statements. S16. The county clerk shall deliver to the board of county Clerk to canvassers, all the certified statements of the votes taken in deliver each town or ward at the next preceding election that shall have been received at his office. $ 17. If on the day appointed for the meeting of the board To procure of county canvassers, the board shall not have been organized, those not owing to a deficient return of the votes of the county, the him. county clerk shall by a special messenger, or otherwise, obtain necessary statements or certified copies thereof, in time to be produced to the board at their next meeting. $18. The county clerk shall record in his office all the state- To record ments and certificates, that shall have been delivered to him statements. by the county board of canvassers, and shall keep a proper book for that purpose. $19. Of the statement and certificate of the votes for the To prepare. office of governor, lieutenant-governor, judges of the court three copies of appeals, justices of the supreme court, clerk for the court of appeals, secretary of state, comptroller, treasurer of the state, attorney-general, state engineer and surveyor, canal commissioners, inspectors of state prisons, senators and representatives in congress, or either of them, he shall prepare three certified copies under his signature, and sealed with his seal of office. TITLE 5. To transmit governor, secretary $20. Within five days after the adjournment of the board the same to of county canvassers, the county clerk shall deposit in the nearest post-office, directed to the governor, to the secretary and Comp- of state, and to the comptroller, each, one of the certified copies of the statement and certificates of votes, so prepared by him. troller. To deliver copy of certificate to county offi cers. List to be sent to secretary of state. Certified to be filed by secre S21. He shall prepare as many certified copies of each certificate of the determination of the board of county canvassers, as there are persons declared to be elected in such certificate, and shall, without delay, deliver one of such copies to each person so elected. $ 22. He shall transmit to the secretary of state, within twenty days after a general election, and within ten days after a special election, a list of the names of the persons elected in the county as members of assembly, and also a list of the names of all persons elected to any county office at such election, with the places of their residence respectively. ARTICLE THIRD. OF THE DUTIES OF THE SECRETARY OF STATE PREVIOUS TO THE MEETING SEC. 23. Secretary to file statements. 24. When to send special messengers. 25. Duty of county clerk thereon. 26. Duty of messengers. 27. Meeting of state canvassers. 28. Notice to mayor, &c., of Albany. S23. It shall be the duty of the secretary of state to file in statements his office, the certified statements received by him from a county clerk; and to obtain from the governor and comptroller, every such certified statement received by either of them, and to file the same in his office. tary. To send special messengers to county clerks. Duty of clerks. Duty of messengers Secretary to canvassers. S 24. If from any county from which such statement shall be due, none shall have been received or obtained by him, on or before the last day of November next after a general election, and within twenty days after a special election, he shall dispatch a special messenger to obtain such statement from the clerk of such county. $25. Such clerk shall immediately, on the demand of such messenger, made at his office, make out and deliver to such messenger the statements required. $ 26. The messenger shall deliver to the secretary of state, as soon as may be, all such statements as he shall receive, to be filed and recorded as aforesaid. S 27. The secretary of state shall appoint a meeting of the notify state state canvassers to be held at his office, or that of the treasurer or comptroller, on or before the fifteenth day of December after each general election, and within forty days after a special election. Secretary to $ 28. If a majority of those officers shall be unable or shall notify state fail to attend on the day appointed, he shall give notice to canvassers. the mayor and recorder of the city of Albany, that their attendance is required. ARTICLE FOURTH. OF THE FORMATION AND PROCEEDINGS OF THE BOARD OF STATE SEC. 29. Board of state canvassers. 30. When mayor, &c., of Albany to be part. 31. Board how to proceed. 32. To determine and declare result. 33. To make certificate thereof. 34. Dissent of a canvasser. 35. Protest of a canvasser. 36. Dissent and protest to be filed. 37. Board may adjourn from day to day. ART. 4. composed. $29. The secretary of state, comptroller, surveyor-general, Board, how attorney-general and treasurer, shall be the state canvassers; three of whom shall be a sufficient number to form a board. After the present year the state engineer and surveyor shall be one of the state canvassers in the place of the surveyorgeneral. $30. If a majority of those officers shall be unable, or Ib. shall fail to attend, the mayor and recorder of the city of Albany, being notified by the secretary of state, shall attend without delay, and, with the officers attending shall form the board. ceed. $ 31. The board when thus formed shall, upon the certified How to procopies of the statements made by the boards of county canvassers, proceed to make a statement of the whole number of votes given at such election for the office of governor and lieutenant-governor, or either of them; another statement, of the votes given for the office of senator; and another, of the votes given for representative in congress; another, of the votes for judges of the court of appeals; another, of the votes for justices of the supreme court; another, of the votes for the clerk for the court of appeals; another, of the votes for secretary of state; another, of the votes for comptroller; another, of the votes for state treasurer; another, of the votes for attorney-general; another, of the votes for state engineer and surveyor; another, of the votes for canal commissioners; and another, of the votes for inspectors of state prisons; each of which statements shall show the names of the persons to whom such votes shall have been given for either of the said offices, and the whole number of votes given to each; distinguishing the several districts and counties in which they were given. They shall certify such statements to be correct, and subscribe the same with their proper names. $32. Upon such statements they shall then proceed to To deterdetermine and declare what persons have been by the greatest declare pernumber of votes duly elected to such offices, or either of them. * The last paragraph added by Laws of 1847, ch. 240. mine and sons elected |