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Vacancy in office of representative in Congress.-Where a representative in Congress elected for the term beginning March 4, 1913, and ending March 4, 1915, died on September 1, 1913, a board of elections may, under section 292 of the Election Law, place the name of a candidate to fill the vacancy upon the official ballot, although the Governor of the State has not issued a certificate of election to fill said vacancy as provided by article 1, section 2, subdivision 4, of the Constitution of the United States. Matter of Wilkins (1913), 158 App. Div. 523.

Filling anticipated vacancy in the office of representative in Congress.The governor is authorized in his discretion to make a proclamation of a special election to fill the anticipated vacancy created by the death of a representative in Congress who died on the 4th day of December following his election. Rept. of Atty.-Gen. (1914), Vol. 2, p. 392.

Section cited.-Opinion of Atty.-Gen. (1919), 21 State Dept. Rep. 278. 293. Notices of elections,

The secretary of state shall, at least two months before each general elec-` tion make and transmit to the custodian of primary records a notice under his hand and official seal, stating the day upon which such election shall be held, and stating each officer, except city, village and town officers, who may be lawfully voted for at such election by the electors of such county or any part thereof. If any such officer is to be elected to fill a vacancy, the notice shall so state. The secretary of state shall forthwith, upon the filing in his office of the governor's proclamation ordering a special election, make and transmit to the custodian of primary records, a like notice of the officers to be voted for at such special election in such county or city or any part thereof, and cause such proclamation to be published in the newspapers published in such county having large circulation therein, at least once a week until such election shall be held.

Each custodian of primary records shall forthwith, upon the receipt of either such notice, file and record the same in his office, and shall cause a copy of such notice to be published once in each week, if it relates to a special election, until the election therein specified, and otherwise twice in each of the two months preceding the election, in the newspapers designated to publish election notices. They shall also publish, as a part of such notice, a list of all city, village and town officers who may lawfully be voted for at such election by the electors of such county or any part thereof; and the city, village and town clerks of each county shall, at least two months before each general election. make and transmit to the custodian of primary records a notice under their respective hands and official seals, stating each city, village or town officer to be voted for at such election. They shall not publish, as a part of such notice, the text of proposed constitutional amendments or other propositions or questions included in the notice of the general election received from the secretary of state under this section nor the abstract of such proposed amendment, proposition or question, included in such notice by the secretary of state.

Derivation: Election Law, § 5, as amended by L. 1897, ch. 379, § 1; L. 1901, ch. 95, § 1, and ch. 232, § 1; L. 1905. ch. 643, § 1.

Amended by L. 1911, ch. 649, and L. 1913, ch. 820, in effect Dec. 17, 1913. Cross-References.-Designation of newspapers to publish election notices made by board of supervisors. See County Law. §§ 20-22.

Designation of newspapers.-The power of the supervisors of a county to designate newspapers to publish notices of election and the official canvass of elections under section 22 of the County Law was by section 1586 of the charter of the city of New York (as amended in 1901) transferred to the board of aldermen of that city and not to the board of elections. Standard Publishing Co. v. City of New York (1906), 111 App. Div. 260, 97 N. Y. Supp. 740.

A designation of newspapers to publish election notices is reviewable by writ of certiorari. People ex rel. Press Publishing Co. v. Martin (1894), 142 N. Y. 228, 40 Am. St. Rep. 592, aff'g 72 Hun 354.

Under section 22 of the County Law the board of supervisors of a county is authorized to direct the publication of the election notices in but two news. paper, one representing cach of the two political parties. Matter of Ford v.

Supervisors (1904), 92 App. Div. 119, 87 N. Y. Supp. 407; appeal dismissed, 178 N. Y. 616.

Publication of election notices.-Where the county clerk of a county delivers to the publisher of a duly designated newspaper a quantity of matter, with instructions to publish only that portion thereof which is necessary to comply with the Election Law, the publisher assumes the responsibility of preparing from the material delivered proper election notices, and of publishing the same, and he is only entitled to receive reasonable compensation for the portion thereof which the Election Law requires to be published. He is not required, however, to employ such language or form as would result in having the notices occupy the least possible space consistent with the requirements of law. People ex rel. Herrick v. Board of Supervisors (1905), 105 App. Div. 40, 93 N. Y. Supp. 426.

Where an office to be filled is omitted from a notice of election, the voter may, nevertheless, write in his ballot the name of a candidate for such office. People ex rel. Goring v. President (1894), 144 N. Y. 616, aff'g 9 Misc. 246. Notice of election of senators. Rept. of Atty. Gen. (1907), 286.

$294. Notice of submission of proposed constitutional amendments or other propositions or questions.

Every amendment to the constitution proposed by the legislatuffire, unless otherwise provided by law, shall be submitted to the people for approval at the next general election, after action. by the legislature in accordance with the constitution; and whenever any such proposed amendment to the constitution or other proposition, or question provided by law to be submitted to a popular vote, shall be submitted to the people for their approval, the secretary of state shall include in his notice of the general `election, a copy of the text of such amendment, proposition or question, setting out all new matter in italics and inclosing in brackets all matter to be eliminated from existing law, and at the bottom of each page shall be appended the words, Explanation-Matter in italics is new; matter in brackets [] is old law to be omitted. In addition to the text, such notice shall contain an abstract of such proposed amendment, proposition or question, prepared by said secretary with the advice of the attorney-general, concisely stating the purpose and effect thereof. If more than one such amendment, proposition or question is to be voted upon at such election, such amendments, propositions or questions respectively shall be separately and consecutively numbered. The clerk of each county except the clerk of any county having a commissioner or board of elections, the commissioner of elections of each county wherein such commissioner has been appointed and the board of elections of the city of New York shall forthwith, upon receipt of such notice, cause printed copies thereof to be made and on the first day of registration shall cause an adequate number of such printed copies to

be placed in the places designated pursuant to the provisions of this act, for the meetings for registration and distributed therein by the chairman of the board of inspectors on each day of registration to the electors applying for registration. If such amendment, proposition or question is to be submitted at a special election, the secretary of state shall, at least twenty days before the election, make and transmit to each county clerk, except the clerk of any county having a commissioner or board of elections, the commissioner of elections of each county wherein such commissioner has been appointed, and the board of elections of the city of New York a like notice. Each county clerk and commissioner of elections aforesaid and the board of elections of the city of New York, shall, forthwith upon the receipt of such notice, file and record it in his office, and shall cause a copy of such notice to be published once a week until the election therein specified in the newspapers designated to publish election notices, and in addition thereto on the day of registration for such special election, each clerk of a county, except the clerk of any county having a commissioner or board of elec tions, the commissioner of elections of each county wherein such commissioner has been appointed and the board of elections of the city of New York shall cause an adequate number of such ́ notices to be printed and placed in the places designated for the meeting for registration for such special election, and distributed therein by the chairman of the board of inspectors to the electors applying for registration. In election districts where personal registration of electors is not required, after the last day of the registration the inspectors of election shall deliver to the town clerk all of the printed copies of such notices remaining in their hands and the town clerk shall within five days after receipt of the same mail a copy thereof to each registered elector in such town, who has not received such copy from the inspectors. The expense thus incurred shall be a county charge and paid accordingly. The inspectors of election at the time of making up their registry list shall indicate in a suitable manner the name of each elector to whom they have delivered in person printed copies of such proposed amendment, proposition or question and abstract.

Derivation: Election Law, § 6, as 1901, ch. 95, § 2; L. 1905, ch. 643, § 2. June 8, 1910.

amended by L. 1897, ch. 379, § 2; L. Amended by L. 1910, ch. 446, in effect

Consolidators' note.-After "notice" the words "to the county clerk and the board of elections of the city of New York, and the commissioner of elections of the county of Erie," are omitted as unnecessary, the character of the notice being fully prescribed in the preceding section.

Cross-References.-Submission of constitutional amendments. N. Y. Const., art. 14 (part 2, post). Designation of newspapers to publish election notices. County Law, §§ 20-22.

Election notices, containing constitutional amendments, form of. Report of Atty. Gen., (1905) 276.

Common council of a city has no power to require the insertion of certain questions on the official ballot. Report of Atty. Gen., (1905) 498.

Numbering propositions. Provision not applicable to questions relating to the selling of liquor. Matter of Webster, (1906) 50 Misc. 253, 100 N. Y. Supp. 508, aff'd 113 App. Div. 888, 98 N. Y. Supp. 1116.

Form of election notice containing constitutional amendments and other propositions. Rept. of Atty.-Genl., June 24, 1909.

The Secretary of State has no authority to publish or submit to the people a proposed amendment to the Constitution which has passed a previous Legislature, when the bill as passed a second time inadventently directs that it be referred to the Legislature to be chosen at the next general election of senators. Rept. of Atty.-Genl., June 12, 1915.

$295. Publication of concurrent resolutions, proposing constitutional amendments and other propositions.

The secretary of state shall cause each concurrent resolution of the two houses of the legislature agreeing to a proposed amendment to the constitution, which is referred to the legislature to be chosen at the next general election of senators, to be published once, three months before such election, and thereafter twice in each of the three months next preceding such election in two newspapers published in each county representing the two political parties polling the highest number of votes at the then last preceding general election and in one additional newspaper published in each county for every one hundred thousand people in such county as shown by the then last preceding federal or state enumeration. Such additional newspapers shall be selected by the secretary of state with reference to making such publication in newspapers having the largest circulation in the county in which they are published. If such resolution does not state that such proposed amendment is so referred to such legislature, the secretary of state shall publish, in connection with the publication of such

concurrent resolution, a statement that such amendment is referred to the legislature to be chosen at the next general election.

The secretary of state shall cause such proposed amendment to the constitution or other proposition or question, which is by law to be submitted to the voters of the state at a general or special election, to be published for a like period before such election in newspapers selected in like manner, together with a brief statement of the law or proceedings authorizing such submission, the fact that such submission will be made and the reading form in which it is to be submitted. If such proposed amendment or other proposition or question is to be submitted at a special election, to be held less than three months from the time of appointing it, the first publication in each newspaper shall be made as soon as practicable after such appointment, and shall continue once in each week to the time of the election.

Derivation: Election Law, § 7.

Amended by L. 1913, ch. 820, and L. 1914, ch. 244, in effect Apr. 8, 1914. Cross-references.- Constitutional amendments to be agreed to by two successive Legislatures and published for three months. N. Y. Const., art. 14, § 1, (part 2, post). Laws creating debt to be submitted to people. N. Y. Const., art. 7, § 4 (part 2, post). Additional publication. County Law, § 20, and Legislative Law, § 48. See, also, note to Election Law, § 294.

Designation of papers to publish concurrent resolutions. It seems that it was the legislative intent to leave the time of the selection and designation of newspapers to the secretary of state, provided, however, that the publication commence at least three months before the general election of senators. Rept. of Atty.-Genl., (1908) 160.

Publication of election notices, etc. Rept. of Atty.-Genl., June 24, 1909. Publication of resolution proposing amendments to the Constitution. Rept.

of Atty.-Genl., July 9, 1909.

§ 296. Creation, division and alteration of election districts. Every town or ward of a city not subdivided into election districts shall be an election district. Except as otherwise provided in this section, the town board of every town containing more than five hundred voters and the common council of every city other than New York and Buffalo, in which there shall be a ward containing more than five hundred voters, shall, on or before the first day of July in each year, whenever necessary so to do, divide such town or ward respectively into election districts, to take effect on

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