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which such registration and polling place is located and shall at the same time file said list with the state superintendent of elections; except that in the borough of Brooklyn, such publication shall be made in the newspapers designated to publish corporation notices therein and in one daily newspaper published in the Jewish language; and except also that in the borough of the Bronx such publication shall be made in four newspapers published in the borough of the Bronx; and except also that in the borough of Manhattan such publication shall be made in five daily newspapers published in the borough of Manhattan which support the candidates nominated that year by the political party polling the highest number of votes in the state at the last preceding election for governor, and also in five daily newspapers published in the borough of Manhattan which support the candidates nominated that year by the political party polling the next highest number of votes for governor at said election, one of which newspapers may be a daily newspaper published in the German language and two of which newspapers may be daily newspapers published in the Jewish language; which publication shall include the list of such registration. and polling places and their boundaries, in the respective counties in which the newspapers are published. Such publication shall be made in such newspapers upon each day of registration and the day of election excepting if such newspaper be an evening newspaper it shall be made on the day prior to each of such days or if such day be Sunday, on the preceding Saturday. Such publications shall be made in newspapers published in such boroughs which shall respectively support the candidates nominated that year by the political parties which at the last preceding election for governor respectively cast the largest and next largest number of votes in the state for such office.

The said board shall also cause to be published in the City Record on or before the first day of registration in each year a complete list of all the registration and polling places so desig nated and the boundaries of the election districts in which such places are located arranged in numerical order under the designation of the respective boroughs in which they are located.

In selecting the newspapers in which such publications are to be made the said board shall keep in view the object of giving the widest publicity thereto.

Derivation: Election Law, pt. of § 10, as amended by L. 1897, ch. 379, § 4; L. 1901, ch. 95, § 4; L. 1903, ch. 197, § 1; L. 1904, ch. 249, § 1; L. 1905, ch. 643, § 5, L. 1906, ch. 259, § 1.

Amended by L. 1913 ch. 587; L. 1914, ch. 238; L. 1916 ch. 537; L. 1918, ch. 323, in effect Apr. 24, 1918.

Expense of publication. The rate of compensation fixed by section 3317 of the Code of Civil Procedure for the publication of certain legal advertisements does not govern compensation for the publication of notices under the Election Law relative to the places of registration and election in election districts and the boundaries of said districts. Mack v. City of Buffalo (1900), 32 Misc. 330, 66 N. Y. Supp. 679.

Designation of newspapers.- When the board of elections of New York city has, pursuant to a peremptory mandamus, rescinded a resolution authorizing the publication of a list of registration and polling places in certain newspapers and has designated certain other papers as newspapers advocating Democratic candidates and Democratic principles, and such publication has in fact been made in the latter papers, an appeal by such board from the original order directing the writ of mandamus should be dismissed. People ex rel. Quinn v. Voorhis (1906), 115 App. Div. 118, 100 N. Y. Supp. 717, rev'd 186 N. Y. 283.

This section prescribes no test in the selection and appointment of newspapers to publish the list of the registration and polling places in the borough of Manhattan, except that they shall advocate the principles of the two political parties polling the highest number of votes at the last preceding election for governor, and therefore the courts have no power to grant a peremptory writ of mandamus requiring the board of elections to publish the list in four newspapers which support the candidates nominated and the platform adopted at a certain convention held by one of the parties designated in the statute. People ex rel. Quinn v. Voorhis (1907), 187 N. Y. 327, aff'g 115 App. Div. 218, 100 N. Y. Supp. 927.

The statutory duty of the board of elections to designate newspapers within the city of New York to publish the list of registration and polling places and the boundaries of election districts, is continuous, and there is no provision in the statute authorizing the board to make a contract for the completed publications which would restrict the power of the board to change the newspapers after one or more publication had been made. Morning Telegraph Co. v. The City of New York (1909), 132 App. Div. 634, 117 N. Y. Supp. 496, aff'g 61 Misc. 511, 115 N. Y. Supp. 549.

Where the board of elections designated certain newspapers, advocating the principles of the Democratic party, to publish such notices, and after the publication of the notices by such newspapers for two days, the board, acting under a mandamus erroneously granted, rescinded its resolution and appointed! other newspapers, this action of the board, although subsequently annulled upon the reversal of the judgment in the mandamus proceeding, is a legal authorization for the publication of the notices by the papers named in the second resolution, and the costs thereof are a charge on the city of New York under sections 11 and 18 of the election law. Morning Telegraph Co. v. The City of New York (1909), 132 App. Div. 634, 117 N. Y. Supp. 496, aff'g 61 Misc. 511, 115 N. Y. Supp. 549.

§ 301-a. Publication of list of registration and polling places in certain towns.

The town board in any town in a county having a population of more than three hundred thousand according to the last federal or state census or enumeration, adjoining a city of the first class having a population of one million and upwards, may cause to be published in such a newspaper, or newspapers, as the town board may designate, a list of the places of registration within such town with a statement of the days and hours of registration, together with a brief description of the boundaries of each election district in which such registration is had, and such publication shall be made within one week next preceding the first day of registration and on the same day of the succeeding week. Such town board may also cause to be published in such a newspaper or newspapers, as it may designate, an election notice which shall include a list of the polling places, the date and hours of election and at the discretion of such town board a brief description of the boundaries of each election district and such publication shall be made on the publication day immediately preceding such election day. The amount to be paid for any of such publications shall be at the rate per folio of seventy-five cents for the first insertion and fifty cents. for each subsequent insertion, and if any such publications are printed in type larger than agate, the amount to be paid for making such publication shall not exceed the amount that would be paid if such publication had been set in agate thirty ems to the line, and in no publication, however, shall any type smaller than agate be used. The amount to be paid for all such publications shall be a town charge.

Added by L. 1918, ch. 641, in effect May 13, 1918.

§ 302. Election officers; designation, number and qualifications. There shall be in every election district of the state, outside of a city of over one million inhabitants, the following election officers, namely, four inspectors and two general clerks, whose term of office, except as hereinafter prescribed, shall be for one year from the date of their appointment or election, and who shall serve at every general, special or other election held within their districts during such term. The term of office of inspectors of election in towns shall be for two years.

In a city of over one million inhabitants, there shall be in every election district four inspectors, two ballot clerks and two poll clerks, to serve at every such election during the taking of the vote and until relieved as hereinafter provided, and four additional inspectors, who shall serve at every such election after the closing of the polls and until the canvass is completed and returns thereof made as provided by law. Such additional inspectors shall be designated in the appointment as canvassing inspectors, and the same person shall not be eligible to serve, under an original appointment or vacancy appointment, at both the taking and canvassing of the vote. Such canvassing inspectors, at the closing of the polls, shall take the place of the inspectors, poll clerks and ballot clerks who have served prior thereto, except as otherwise provided in section three hundred and sixtysix-a.

No person shall be appointed or elected an inspector of election, poll clerk, ballot clerk or general clerk, who is not a qualified voter of the county, if within the city of New York, or of the city, if in any other city, or of the election district of the town in which he is to serve, of good character, able to speak and read the English language understandingly, and to write it legibly, and who does not possess a general knowledge of the duties of the office to which he is elected or appointed, or who is a candidate for any office to be voted for by the voters of the district in which he is to serve, or who has been convicted of a felony and not restored to citizenship, or who holds any public office except that of notary public or commissioner of deeds, town or village assessor, justice of the peace, police justice of a village, village trustee, water commissioner, officer of a school district, or overseer of highways, whether elected or appointed, or who is employed in any public office or by any public officer whose services are paid for out of the public money other than is excepted herein.

Each class of such officers shall be equally divided between the two political parties which at the general election next preceding that for which such officers are to serve, cast the highest and the next highest number of votes. The canvassing inspectors, in a city of over one million inhabitants, shall be so equally divided between such parties. Where election officers are appointed the

qualifications required of them by this section shall be determined by an examination as provided in this chapter.

Derivation: Election Law, § 11, subd. 1, as amended by L. 1897, ch. 410, § 1; L. 1898, ch. 335, § 2; L. 1899, ch. 630, § 1; L. 1901, ch. 95, § 5; L. 1901, ch. 536, § 1.

Amended by L. 1914, ch. 239; L. 1918, ch. 323; L. 1919, ch. 504, in effect May 9, 1919.

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Consolidators' note.- Until L. 1901, ch. 95, the matter in subdivision 1 constituted the whole section. That act added a new subdivision 2 creating the board of elections in New York city, and also corrected a defective expression in subdivision 1 that had been put in by L. 1899, ch. 630, which had provided that no inspector, etc., should be appointed who is not a qualified elector of the county, if within the city of New York or of any other city or of the election district of the town in which he is to serve." L. 1901, ch. 95, had corrected this by making "or of any other city" read or of the city if in any other city;" but chapter 536 (the succeeding and last amendment) followed the previous amendment (the draftsman presumably being ignorant of chapter 95) and revived the defect, at the same time wholly neglecting to recognize that the matter amended had become subdivision 1, and referring to it as section eleven," and likewise ignoring the new subdivision 2. The defective expression is here cured again. Cross-references.- Similar provisions as to qualifications. Public Officers Law, § 3 (part 6, post); Town Law, § 81 (part 8, post); Village Law, § 42 (part 9, post). Bi-partisan election boards. N. Y. Constitution, art. 2, § 6 (part 2, post). Oath of office. Election Law, §§ 307, 357; Public Officers Law, § 19 (part 6, post); N. Y. Constitution, art. 13 (part 2, post). Failure to file oath. Public Officers Law, §§ 13, 30 (part 6, post); Penal Law, § 1820. Effect of failure to file on official acts. Public Officers Law, § 15 (part 6, post); Penal Law, § 1821. Compensation for attendance at elections, etc. Election Law, § 319. Persons serving temporarily as inspectors of election serve without pay. Election Law, § 313. Exempt from civil service examinations and rules. Civil Service Law, § 9. Exempt from jury duty. Election Law, § 309. No ballot clerks where machines are adopted. Election Law, § 418. Acting as election officer without being qualified, etc. Penal Law, § 764 (part 5, post). Misconduct by election officers. Penal Law, § 762 (part 5, post).

Compensation of election officers in towns.- If a different rate is not otherwise established as herein provided, each inspector of election, ballot clerk and poll clerk is entitled to two dollars per day; but the board of supervisors may establish in their county a higher rate, not exceeding six dollars per day. Town Law, § 85.

Inspectors. Where the inspectors who opened the polls in the morning are not regularly sworn, and have been appointed by less than the required number of town officers, such appointment is, nevertheless, a colorable authority for them, and their acts as inspectors de facto are valid so far as third persons are concerned. People v. Cook (1853), 8 N. Y. 67, aff'g 14 Barb. 259.

Yet such defective appointment does not displace the elected inspectors who,

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