ART. 3. SEC. 23. Lists of electors to be prepared. 24. Electors how to vote. 25. Lists of their votes to be made. 26. Messenger to be appointed. 27. To whom he is to deliver the lists. 28. Two other lists how disposed of. 29. Pay of electors. and duty of $21. The electors of president and vice-president shall con- Meeting vene at the capitol on the day preceding the first Wednesday electors. in December after their election, and those of them who shall be so assembled at four o'clock in the afternoon of that day, shall immediately after that hour proceed to fill, by ballot and by plurality of votes, all vacancies in the electoral college, occasioned by the death, refusal to serve, or neglect to attend at that hour, of any elector, or occasioned by an equal number of votes having been given for two or more candidates. and secre tors. how to vote. $ 22. The electoral college being thus completed, they shall President then choose a president and secretary from their own body. tary. $ 23. The secretary of state shall prepare three lists of the List of cleenames of the electors; procure to the same the signature of the governor; affix thereto the seal of the state; and deliver them, thus signed and sealed, to the president of the college of electors, on or before the said first Wednesday in December. $24. On the said first Wednesday in December, the electors When and shall meet at the capitol, and then and there vote by ballot for president and vice-president, one of whom at least shall not be an inhabitant of the same state with themselves. They shall name in their ballots the persons voted for as president, and in distinct ballots the persons voted for as vice-president. $ 25. They shall make distinct lists of all persons voted for Lost of as president, and of all persons voted for as vice-president, and of the number of votes for each, which lists they shall sign and certify, and after annexing thereto one of the lists received from the secretary of state, they shall seal up the same, certifying thereon that lists of the votes of this state for president and vice-president are contained therein. votes. $ 26. The electors shall then, by writing under their hands, Messenger. or under the hands of a majority of them, appoint a person to take charge of the lists so sealed up, and to deliver the same to the president of the senate at the seat of government of the United States, before the first Wednesday in January then next ensuing. $27. In case there shall be no president of the senate at the His duty. seat of government on the arrival of the person intrusted with the lists of the votes of the electors, then such person is required to deliver the lists of votes in his custody into the office of the secretary of state of the United States. lists. $ 28. The electors are also required to forward forthwith, by Two othe. the post-office, to the president of the senate of the United States, at the seat of government, and to deliver forthwith to the judge of the United States for the northern district of the TITLE 7. tors. state of New York, similar lists, signed, annexed, sealed up, and certified in the manner aforesaid. Pay of elec- S 29. Every elector of this state for the election of a president and vice-president of the United States, who shall attend at any election of those officers, and give his vote at the time and place appointed by law, shall be entitled to receive for his attendance at such election, and for traveling to and from his place of residence by the most usual route, the same sum as shall at the time be allowed by law to members of the legislature for their attendance and travel, to be paid in like When chosen. Vacancy. How chosen. Evidence of election. manner. ARTICLE FOURTH. OF THE ELECTION OF SENATORS IN CONGRESS. SEC. 30. Time of choosing U. S. senator. 31. Vacancy when to be filled. 32. How election to be conducted. $30. On the first Tuesday of February next before the expiration of the time for which any senator was elected to represent this state in congress, if the legislature shall be then in session, and if not, then within ten days after a quorum of both houses shall be assembled at the then next meeting of the legislature, an election shall be held for a senator in congress, at the place where the legislature shall be then sitting, in the room of such senator so going out of office. $ 31. Whenever the seat of any such senator shall become vacant before the expiration of the time for which he was elected, another senator shall be elected in his room within ten days after the legislature shall have notice of such vacancy, at the place where it shall be then sitting. $ 32. Such election shall be made by the legislature in the following manner: The senate and assembly shall each openly nominate one person for the office of senator in congress after which they shall immediately meet, and if they shall agree in their nominations, the person so nominated shall be appointed to the office for which he shall be nominated; if they shall disagree, the election shall be made by the joint ballot of the senators and members of assembly. $33. Whenever any senator shall be chosen as aforesaid, copies of the resolutions of the senate and assembly, testifying such choice, signed by the president of the senate and speaker of the assembly, shall be thereupon delivered to the person so chosen a senator, as evidence of such election. TITLE VII. PENALTY FOR VIOLATING THE PROVISIONS OF THIS CHAPTER, SEC. 1. False swearing when challenged. 2. Procuring any one to swear false. 3. Neglect of duty or corruption. SEC. 4. Bribery, &c., of voter. 5. Militia not to be called out. 6. Acts prohibited to candidates. 7. Deceiving an elector or changing his ballot. 8. Punishment of these offences. 9. Disobeying orders of inspectors. 10. Voting more than once, &c. 11. Procuring illegal votes. 12. Procuring a change of residence. 13. Punishment for illegal voting. TITLE 7. swearing. S 1. If any elector challenged as unqualified, shall be guilty False of willful and corrupt false swearing or affirming, in taking any oath or affirmation prescribed by this chapter, such person shall be adjudged guilty of willful and corrupt perjury. S2. Every person who shall willfully and corruptly procure Procuring any person to swear or affirm falsely as aforesaid, shall be adjudged guilty of subornation of perjury, and shall, upon conviction thereof, suffer the punishment directed by the law in cases of willful and corrupt perjury. it. duty. 3. If any officer on whom any duty is enjoined in this Neglect of chapter, or in any statute relating to elections shall be guilty of any willful neglect of such duty, or of any corrupt conduct in the execution of the same, and be thereof convicted, he shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment; the fine in no case to exceed the sum of five hundred dollars, nor the imprisonment the term of one year. S4. If any person shall by bribery, menace or other cor- Bribery, &c rupt means or device whatsoever, either directly or indirectly, attempt to influence any elector of this state in giving his vote or ballot, or deter him from giving the same, or disturb or hinder him in the free exercise of the right of suffrage, at any election within this State, held pursuant to this chapter, and shall thereof be convicted, such person so offending and convicted shall be adjudged guilty of a misdemeanor, and be fined or imprisoned, according to the discretion of the court before which such conviction shall be had; such fine in no case to exceed five hundred dollars, nor such imprisonment one year. militia pro S5. If any officer or other person shall call out or order Calling out any of the militia of this state, to appear and exercise on any hibited. day during any election to be held by virtue of this chapter, or within five days previous thereto, except in cases of invasion or insurrection, he shall forfeit the sum of five hundred dollars for every such offence. $ 6. It shall not be lawful for any candidate for any elective Prohibition office, with intent to promote his election, or for any other person, with intent to promote the election of any such candidate, either, 1. To provide or furnish entertainment at his expense, to Against en TITLE 7. tertainments. Ib. Procuring of voters. Contribu any meeting of electors, previous to, or during the election at which he shall be a candidate; or, 2. To pay for, procure, or engage to pay for any such entertainment; or, 3. To furnish any money or other property to any person, for the purpose of being expended in procuring the attendance of voters at the polls; or, 4. To engage to pay any money, or deliver any property, or ting money. otherwise compensate any person for procuring the attendance of voters at the polls; or, Except for Changing votes. Punishment. Penalty for inspectors, &c. 5. To contribute money for any other purpose intended to promote an election of any particular person or ticket, except for defraying the expenses of printing, and the circulation of votes, handbills and other papers previous to any such election, or for conveying sick, poor or infirm electors to the polls. $7. No person shall fraudulently or deceitfully change or alter a ballot of any elector, nor shall furnish an elector any ballot containing more than the proper number of names, or cause any other deceit to be practiced with intent fraudulently to induce such elector to deposit the same as his vote, and thereby to have the same thrown out and not counted. $8. Every person offending against the provisions of this act shall be deemed guilty of a misdemeanor, punishable by fine not exceeding two hundred and fifty dollars, or by imprisonment not exceeding six months. $9. If any person shall willfully disobey any lawful comdisobeying mands of the board of inspectors of any election, or shall willfully and without lawful authority, obstruct, hinder or delay any elector on his way to any poll where an election shall be held, or while he is exercising or attempting to exercise the right of voting, or shall aid or assist in such obstruction or delay, he shall, on conviction, be adjudged guilty of a misdemeanor, and be fined in a sum not exceeding two hundred and fifty dollars, and may be imprisoned, in the discretion of the court, for not more than six months. Penalty for non-residents vo voting more $10. Any person who at any general or special election, or city or charter election, shall knowingly vote or offer to vote ting, and for in any election district in which he does not reside, except as than once. hereinbefore provided, or who shall vote or offer to vote more than once at the same election, either in the same or in any other election district, shall, on conviction, be adjudged guilty of a misdemeanor, and punishable by fine not exceeding two hundred dollars, or by imprisonment not exceeding six months, or by both, as the court may direct; and section nineteen of title six, chapter one, of the fourth part of the Revised Statutes is hereby repealed. Repeal. Procuring illegal voters. S11. Every person who shall procure, aid, assist, counsel or advise another to give or offer his vote at any general, town, city or charter election, knowing that the person is not duly qualified to vote at the place where the vote is given or offered, shall on conviction, be adjudged guilty of a misdemeanor, and 147 punishable as prescribed in the last preceding section of this TITLE 8 title. non-resi come into ward or dis trict to vote. ment. $ 12. Every person who shall procure, aid, assist, counsel Procuring or advise another to go or come into any town, ward or elec- dents to tion district, for the purpose of giving his vote at any general, a town, special, town or city election, knowing that the person is not duly qualified to vote in such town, or ward, or election district, shall, on conviction, be deemed guilty of a misdemeanor, and punishable as prescribed by the tenth section of this title. S13. Any person not duly qualified to vote under the laws Punishof this state, who shall knowingly vote or offer to vote at any general, or special, town, or charter election in this state, shall be adjudged guilty of a misdemeanor, and on conviction shall be imprisoned for a period not exceeding six months, at the discretion of the court before which the offence is tried. And An inhabiany inhabitant of another state, or country, who shall vote or offer to vote at any general, special, town, or city charter election in this state, shall be adjudged guilty of a felony, and on conviction, shall be imprisoned in the state prison, for a period not exceeding one year, at the discretion of the court before which the offence is tried. And it shall be the duty of the district attorney in the county where the offence shall have been committed, to adopt effectual measures for the punishment of all persons, who, without being legally qualified, shall vote or attempt to vote at any election in this state. tant of an other state or country. of election, notice of under this S14. It shall be the duty of every inspector of elections, Inspectors sheriffs, constables and justices of the peace within this state, &c.. to give knowing that an offence has been committed, under this act, offences or having good reason to believe that an offence has been act. committed, to give information thereof to the district attorney of the county in which the offence shall have been committed, whose duty it shall be to adopt effectual measures for the punishment of all persons violating the provisions of this act. $ 15. It shall be the duty of the presiding judge of every Grand court of general sessions of the peace or oyer and terminer specially within this state, specially to charge the grand jury at each term of said court, to take notice of all offences committed in violation of any of the provisions of this act. TITLE VIII. MISCELLANEOUS PROVISIONS. SEC. 1. Hamilton county a part of Fulton. 2. Majority of inspectors may act. 3. Vacancies among them how filled. 4. To take the oath of office. 5. Notices when sent to clerk or judge. 6. Pay of county clerks. 7. Pay of clerks of the polls. 8. Repealing clause. 9. Sections to apply to town elections. 10. Secretary of state to publish act. juries to be charged. |