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Derivation: Election Law, pt. of § 14, as amended by L. 1904, ch. 487, § 1, and pt. of § 103, subd. 1.

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

§ 315. Preservation of order by inspectors.

All meetings of the board of inspectors shall be public. Such board and each individual member thereof shall have full authority to preserve peace and good order at such meetings, and around the polls of elections, and to keep the access thereto unobstructed, and to enforce obedience to their lawful commands. The said board may appoint one or more voters to communiate their orders and directions, and to assist in the performance of their duties in this section enjoined. If any person shall refuse to obey the lawful commands of the inspectors, or by disorderly conduct in their presence or hearing shall interrupt or disturb their proceedings, they shall make an order directing the sheriff or any constable of the county, or any peace or police officer to take the person so offending into custody and retain him until the registration of voters or the canvass of the votes shall be completed, but such order shall not prohibit the person taken into custody from voting. Such order shall be executed by any sheriff, constable, peace or police officer, to whom the same shall be delivered, but if none shall be present, then by any other person deputed by such board in writing. The said board or any member thereof may order the arrest of any person other than the election officer violating or attempting to violate any of the provisions of this chapter.

Derivation: Election Law, § 15.

Cross-references.- Disobedience of orders of inspectors. Penal Law, § 764 (part 5, post). Arrest without a warrant may be made by either a peace officer or by a private citizen when a crime is committed in his presence. Code of Criminal Procedure, §§ 177, 183.

Forms.- Forms of precepts in case of refusal to obey the lawful commands of inspectors or disorderly conduct in presence or hearing of inspectors. See Forms (part 12, post).

Power of inspectors.- Inspectors have a right to keep order during a canvass, but under pretense of same they have no right to turn out a peaceful and quiet citizen whose presence does not interfere with the discharge of their duties. Horton v. Whistler (1886), 4 N. Y. St. Rep. 810.

§ 316. Ballot boxes.

Separate ballot boxes appropriately and conspicuously marked must be provided as occasion shall require, to receive

1. Ballots for presidential electors.

2. Ballots for general officers.

3. Ballots upon constitutional amendments and questions submitted.

4. Ballots upon town propositions and upon town appropriations.

5. Ballots defective in printing or spoiled and mutilated. 6. Stubs detached from ballots.

Each box shall be supplied with a sufficient lock and key and with an opening in the top large enough to allow a single folded ballot to be easily passed through the opening, but no larger. It shall be large enough to receive all the ballots which may be lawfully deposited therein at any election, and it shall be well and strongly made and be free from checks and blemishes.

Each and every inspector of elections shall be personally responsible for the custody of each box and its contents from the time the election begins until the box is delivered, according to law, to the person entitled to receive it. Upon making any such delivery each inspector of elections shall be entitled to a receipt for each box delivered.

Derivation: Election Law, § 16, as amended by L. 1900, ch. 381, § 1; L. 1902, ch. 405, § 1; L. 1904, ch. 733, § 1.

Amended by L. 1911, ch. 649; L. 1913, ch. 821; L. 1917, ch. 703, in effect June 1, 1917.

A separate ballot for candidates for town offices need not be furnished at a general election in an odd numbered year. People ex rel. Shea v. Gilbert (1919), 189 App. Div. 122, 178 N. Y. Supp. 327.

§ 317. Voting booths and guard-rails.

There shall be in each polling place during each election a sufficient number of voting booths, not less than one for every seventyfive registered voters in the district. Each such booth shall be at least three feet square, shall have four sides inclosed, each at least six feet high, and the one in front shall open and shut as a door swinging outward, and shall extend within two feet of the floor. Each such booth shall contain a shelf, which if made of wood shall have a smooth, plane surface and if made of any other material shall have a smooth surface and which shall be at least one foot wide, extending across one side of the booth at a convenient height for writing, and shall be furnished with such supplies and conveniences including pencils having black lead only, as will enable the voters to conveniently prepare their ballots for voting. Each booth shall be kept clearly lighted while the polls are open, by artificial lights if necessary.

A guard-rail shall be placed at each polling place at least six feet from the ballot boxes and the booths, and no ballot box or booth shall be placed within six feet of such rail. Each guard-rail shall be provided with a place for entrance and exit. The arrangement of the polling place shall be such that the booths can only be reached by passing within the guard-rail, and that the booths, ballot boxes, election officers and every part of the polling place except the inside of the booths shall be in plain view of the election officers and the persons just outside the guard-rail. Such booths shall be so arranged that there shall be no access to intending voters or to the booths through any door, window or opening, except by the door in front of said booth.

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Derivation: Election Law, § 17.

Amended by L. 1918, ch. 323, in effect Apr. 24, 1918.

Cross-references. Supplies for voting booths, how furnished. See Election Law, § 341. Removal, mutilation or destruction of election booths, supplies, etc. Penal Law, § 758 (part 5, post).

§ 318. Apportionment of election expenses.

The expense of providing polling places, voting booths, supplies therefor, guard-rails and other furniture of the polling place, and distance markers, and the compensation of the election officers in each election district, shall be a charge upon the town or city in which such election district is situated, except that such expenses incurred for the purpose of conducting a village election not held at the same time as a general election shall be a charge upon the village.

The expense of printing and delivering the official ballots, sample ballots, affidavits for proof of citizenship by marriage and cards of instruction, poll books, tally sheets, return sheets for inspectors and ballot clerks, and distance markers to be used at a town meeting or city or village election not held at the same time as a general election, and of printing the lists of nominations therefor shall be a charge upon the town, city or village in which the meeting or election is held. The expense of printing and delivering the official ballots, sample ballots, affidavits for proof of citizenship by marriage, and cards of instruction, poll books if any separate from the register, tally sheets, return sheets for inspectors and ballot clerks, and distance markers to be used in any county, except such counties or portions thereof as are included within

the city of New York, at any other election, if no town meeting or city or village election be held at the same time therewith, and of printing the lists of nominations therefor, shall be a charge upon such county. The expense of printing and delivering the official ballots, sample ballots, affidavits for proof of citizenship by marriage, and cards of instruction, poll books if any separate from the register, tally sheets, return sheets for inspectors and ballot clerks, and distance markers, to be used in any such county at any other election, and of printing the lists of nominations therefor, if the town meeting or city or village election be held in such county at the same time therewith, shall be apportioned by the county clerk between such town, city or village and such county, in the proportion of the number of candidates for town, city or village officers on such ballots, respectively, to the whole number of candidates thereon, and the amount of such expense so apportioned to each such municipality shall be a charge thereon,

Whenever voting machines are used in an election by any city, town or village, only such expenses as are caused by the use of such machines, and such as are necessary for the proper conduct of the elections as required by this chapter shall be charged to such city, town or village.

All expenses relating to or connected with elections lawfully incurred by the board of elections of the city of New York shall be a charge on such city, and after being audited by the proper officer, shall be paid by the comptroller of said city upon the certificate of such board.

Derivation: Election Law, pt. of § 18, as amended by L. 1897, ch. 379, § 6; L. 1899, ch. 467, § 1, and ch. 630, § 3; L. 1900, ch. 381, § 2, and ch. 711, § 1; L. 1901, ch. 95, § 7.

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

Publication in New York city of list of registration and polling places. See Morning Telegraph Co. v. City of New York (1909), 132 App. Div. 634, 117 N. Y. Supp. 496, aff'g 61 Misc. 511, 115 N. Y. Supp. 549.

§ 319. Fees of election officers and others.

1. The county clerk of each county, not salaried, shall be paid by such county a reasonable compensation for his services, if any, in carrying out the provisions of this chapter, to be fixed by the board of supervisors of the county, or the board acting as such board of supervisors. The town clerk of each town shall be paid

by such town a reasonable compensation for his services in carrying out the provisions of this chapter, to be fixed by the other members of the town board of the town. General clerks shall receive, for all services as ballot clerks and poll clerks in connection with an election, the same compensation as inspectors of election for the election and be paid in like manner. Inspectors designated and acting as poll clerks during the taking of the vote and preparation for canvass shall receive only the compensation prescribed by law for inspectors. An inspector of election, however, lawfully required to file papers in the county clerk's office, or office of the board or commissioner of elections, shall, unless he resides in the county if within the city of New York, or in any other city or town in which such office is situated, be entitled to receive as compensation therefor five dollars, and also four cents a mile for every mile actually and necessarily traveled between his residence and such county clerk's office in going to and returning from such office.

2. In cities of the first class having a population of two million or more inhabitants the persons appointed and serving as inspectors of election shall receive four dollars for the hours fixed by law for each day of registration from Monday to Friday inclusive, and ten dollars for such hours on the last day of registration and on the day of revision of registration for a special election, and eight dollars for the hours fixed by law for the elec tion, and six dollars for the count and return of the votes. The poll clerks in such city, other than canvassing inspectors acting as poll clerks, shall each receive for their services ten dollars, and the ballot clerks shall receive six dollars each. Inspectors acting as poll clerks during he count and return of the votes shall receive only the compensation above provided for such services as inspectSuch officers shall be paid by the comptrollers of the respective cities upon the certificate of the board or officer appointing them.

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3. Election officers required to meet at a different time from the regular count of the votes cast at a general election for the purpose of counting and returning the votes of electors absent from their election districts in time of war in the actual military or naval service of this state or of the United States shall be paid five dollars each.

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