state, to be filled out with the necessary information, attested by him, and returned forthwith, securely sealed, to the secretary of state. Such general register shall be a public record and shall at all reasonable times be open for inspection by any voter of this state. It is hereby made the duty of every public officer, and of every citizen, to furnish to the secretary of state such information as he may possess relating to such absent voters; and any person who shall refuse so to do, or shall wilfully furnish false information in reference to such absent voters, shall be deemed guilty of a felony and shall, upon conviction thereof, be punished by imprisonment in a state prison for not less than one year nor more than three years. Derivation: L. 1898, ch. 674, § 2. Consolidators' note. The second sentence rearranged, and "he" changed to "secretary of state." The provision imposing a duty on every citizen "to render such assistance and information as he may possess, to the secretary of state, of all the facts," etc., is made, "to furnish to the secretary of state such information as he may possess," etc. § 502. Poll books and oaths. It shall be the duty of the secretary of state to cause to be prepared and printed in book form a sufficient number of poll books, at least two books for each poll, for the use of the inspectors of elections at the polls of the elections held under the provisions of this article. Such poll books shall be in the general form of those prescribed for use at elections in this state, omitting all columns except those for the number, name and residence of each voter, and so arranged that there can be entered therein, in addition to such entries, in separate columns, the name of the county and city or town in which the persons voting at such poll reside or claim to reside, and also the designation of the particular command to which each such person is attached or of which he forms a part. Upon the first page of each such poll book shall be printed the date and character of the election for which it is prepared, and blank spaces in which shall be written by the inspectors the place at which the poll was held, and the names and residences of the persons acting as inspectors of election thereat. Upon the page following the last page of each such poll book used for recording the names of voters at such poll, shall be printed a blank certificate, to be signed by the inspectors of election at the close of the polls. Such certificate shall be substantially in the following form: "We, the inspectors of election for the general (or special) election held at (here follows the name of the place) on the .. day of 19..., do hereby certify that the names of the persons recorded herein as having voted at such election, such persons numbering in all (here follows the number in figures and words), are all the persons who appeared before us and demanded to vote at such election, and took the oath required, and who voted at such election. Inspectors of Election." Such poll books shall also contain the oaths for the inspectors of election provided in section five hundred and nine of this article. Derivation: L. 1898, ch. 674, § 3. § 503. Official war ballots. It shall be the duty of the secretary of state to cause to be prepared and printed at least twice as many official ballots in the form hereinafter prescribed as there are voters absent from their respective election districts as shown by such general register. Each such official ballot shall be six inches wide and of such length as to allow onequarter of an inch for the title of each office printed upon the face thereof and one-half inch for the name of each candidate for such office as the voter may lawfully vote for and one-half inch for the title of each class of offices. Each class of offices shall be separated by a solid black line one-eighth of an inch wide.running across such ballot. All such ballots shall be uniform in size and style of type used and shall contain the titles of all offices, as near as may be, for which any voter may vote in any election district of the state at such election. The type and paper for such ballots shall conform generally to that used for the official ballots prescribed by this chapter. Such ballot shall be printed in substantially the following form: "STATE OFFICES. For Governor. For Lieutenant-Governor. JUDICIAL OFFICES. For Associate Judge of the Court of Appeals. For Justice of the Supreme Court for.... LEGISLATIVE OFFICES. For Representative in Congress for.. For Member of Assembly for... ..Judicial District. ....Congressional District. .Senate District. .District of... . . . . . . County. ELECTION DISTRICT OFFICES. For Inspectors of Election for..... Election District, Town of....." Upon the back of each such ballot shall be printed the words: “OFFICIAL WAR BALLOT For the general (or special) election, held November 19...... Derivation: L. 1898, ch. 674, § 4. 504. Official envelopes for war ballots. He shall also cause to be prepared and printed at least twice as many official envelopes as there are voters absent from their election. districts, as shown by such general register. Such envelopes shall be gummed, ready for sealing. Upon one side of such envelope shall be printed in substantially the following form the following: Upon the other side of such envelope shall be printed the following oath: "OATH OF ELECTOR. "I do swear (or affirm) that I have been a citizen of the United States for ninety days and am now of the age of at least twenty-one years, or will be on the... ... ... day of..... 19..; that I will have been an inhabitant of the state of New York for one year next preceding this election and for the four months preceding such election a resident of the county of .... and am a qualified voter, residing at (street and number, if any) .., in the (city or town of) ; that I am in the actual military (or aaval) service of the state of New York or of the United States, and at present attached to.. (here state the particular command to which attached); and that I have not received or offered, do not expect to receive, have not paid, offered or promised to pay, contributed, offered or promised to contribute to another, to be paid or used, any money or other valuable thing, as a compensation or reward for the giving or withholding of a vote at this election, and have not made any promise to influence the giving or withholding of any such vote; and that I have not made or become directly or indirectly interested in any bet or wager depending upon the result of this election; and that I have not been convicted of bribery or any infamous crime, or, if so convicted, that I have been pardoned and restored to all the rights of a citizen." If at such election any proposed amendment to the constitution or 266 other proposition or question is to be submitted to the vote of the voters of the state, the secretary of state shall furnish an equal number of ballots for questions so submitted in the form prescribed by section three hundred and thirty-two of this chapter, which shall be properly indorsed, as a war ballot. Derivation: L. 1898, ch. 674, § 5. § 505. Delivery of official war ballots, poll books and envelopes. The secretary of state shall cause to be delivered to the commanding officer of every command in which ten or more voters of this state are included, absent from their respective election districts in time of war in the actual military service of this state or the United States in the army or navy thereof, a sufficient number of official war ballots of each kind and official envelopes, at least twice as many as there are such voters in such command; and two poll books for the use of such voters at each poll of each election held under the provisions of this article. Such official war ballots, poll books and envelopes shall be delivered in time for use at the election for which they are prepared, in such manner and by such means as shall in the judgment of the secretary of state be best suited to secure their safe and timely delivery for the use of the voters at the election for which they have been prepared. Derivation: L. 1898, ch. 674, § 6. § 506. Lists of nominations. It shall be the duty of each county clerk or board with whom or which certificates of nominations to public office are filed to cause a certified list of such nominations to be forthwith forwarded by mail to the secretary of state, including the name and residence of each nominee together with the title of the office for which he is nominated and the party or other political name specified in such certificates of nomination. It shall be the duty of the secretary of state after the receipt by him of such certified lists of nominations to communicate so far as practicable, to each commanding officer of any command having therein ten or more voters of this state absent from their respective election districts in time of war, in the actual military service of this state or the United States in the army or navy thereof, the name and residence of each person named in any certificate of nomination so certified by a county clerk or filed in the office of the secretary of state, together with the title of the office for which he is nominated and the party or other political name specified in such certificates of nominations; and upon receipt thereof each such commanding officer shall cause such information to be posted in a conspicuous place for the information of such absent voters in his command. Derivation: L. 1898, ch. 674, § 7. 507. Polls of election. Polls of an election held under the provisions of this article shall be opened on the day of such election at the quarters of the captain the county, and the city or town in which he claims to reside, and shall deliver such ballot or ballots and such envelope, to such voter. Such voter shall then retire to some convenient place and shall prepare his ballots and envelope for voting. The voter may write or paste upon his ballot the name of any person for whom he decires* to vote for any effice* for which such voter may lawfully vote at such election. Any such voter may paste upon such ballot a printed ballot of his own selection or preparation, to be known as a paster ballot, containing the titles of all the offices to be filled and the names of the candidates therefor for whom he desires and is entitled to vote at such election. Such paster ballot may be gummed and the voter may paste the whole or any part of such paster ballot upon the official ballot. Any name so written or pasted upon the official ballot shall be deemed the choice of the voter. All pasters shall be of white paper and printed in type uniform with that required to be used upon the official ballot and printed in plain black ink A paster shall be so attached to the ballot that when the ballot is folded no printed portion of such paster shall be visible. After preparing his ballot and before delivering the same to the chairman of the board of inspectors, the voter shall fold his ballot in such a way that the contents of the ballot shall be concealed and inclose the same in such envelope which he shall securely seal. He shall then deliver such envelope to the chairman of the board of inspectors; but before such envelope shall be deposited in the ballot box the chairman shall declare from such envelope the name of such voter and his residence by street and number, if any, county and city or town, and if such voter is entitled to vote and such enevelope* is securely sealed and his name and the other matter hereby required is recorded upon the poll books, the inspector keeping such poll books shall announce the same as correct and shall record such voter as voting. The chairman shall thereupon deposit such envelope containing such ballot or ballots in the ballot box. Any voter so having voted, shall not again be entitled to vote at such election, though present on election day in the election district where he resides. If, for any cause, the official ballots, poll books and envelopes shall not be provided as required by law at any polling place, upon the opening of the polls for any election thereat, or if the supply of official ballots or envelopes shall be exhausted before the polls are closed, unofficial ballots, poll books and envelopes printed or written, made as nearly as practicable in the form of the official ballot, poll books and envelopes may be used. Derivation: L. 1898, ch. 674, § 11. § 511. Count of the votes. As soon as the polls of an election are closed, the inspectors of election thereat shall publicly destroy all official envelopes and ballots not voted; and shall then publicly open such ballot boxes and count and ascertain the number of voters voting and not adjourn or postpone the count until it shall be fully completed. The board of inspectors shall *So in original. |