(a) At the top of the sheet shall be printed the words "Official return of votes cast on (constitutional amendments, questions submitted, town propositions, or town appropriations, as the case may be)."

(b) Below the heading, in place of the words, "Return of votes cast for office of ..... "shall be printed the words, "Return of votes cast on question number (one) relating to (here give brief description)."

(c) The words "Number to be elected to said office," and "Total number of votes to be canvassed," shall be omitted.

(d) In place of the words "For the office of ....... the candidates named below received the number of votes set opposite their respective names," shall be printed the words, "Upon question number (one) relating to (here give same description as above directed) votes were cast as follows:

Votes in favor...

Votes against

(e) The verification shall be so modified as to state that the return is of ballots cast on constitutional amendments and questions submitted.

2. Tally. The tally sheet for constitutional amendments or other questions submitted shall be in all respects like the form provided by this section for the tally of votes for officers except in the following particulars:

(a) At the top of the sheet shall be printed the words: "Official tally of votes cast on question number one" (or other brief designation).

(b) The matter at the top of the tally sheet, except the title, the blanks to be filled in for the purpose of specifying the date and place of election, and the words, "Total number of votes to be canvassed," shall be omitted.

(c) In place of the candidates' names in the left hand column shall be printed the words "For (or against, as the case may be) question No. (or other brief designation)."

(d) The lines of tally squares left on the form herewith printed for names of candidates not on the ballot shall be omitted.

(e) The fourth instruction for tallying shall be read as follows: "4. Tally once for each vote, whether counted for or against the question, or blank, or void."

We certify that the foregoing statement is correct.

Derivation: Election Law, pt. of § 84.

Amended by L. 1913, ch. 821, in effect Dec. 17, 1913.

Consolidators' note. The requirement of the printing of the blanks in the form prescribed is made to conform to sections 337 and 338, the title to the form being supplied.

$340. Number of official ballots.

The number of official ballots of each kind to be provided for each polling place for each election to be held thereat, except a village election held at a different time from a general election, shall be one and one-fourth times as many ballots as near as may be as there were names of voters on the register of voters of such district for such election at the close of the final regular meeting for such registration. In cities of the first class the officer or board charged with the duty of furnishing official ballots shall furnish one and one-fourth times as many official ballots of each kind to be provided for such election as there are voters entitled to vote thereat, as nearly as can be estimated by such officer or board. The number of official ballots of each kind to be provided for each polling place for a town meeting held at any time or a village or city election held at a different time from a general election, shall be one and one-fourth times the number of persons who will be entitled to vote thereat, as nearly as can be estimated by the officer charged with the duty of providing such ballots.

Derivation: Election Law, § 85, as amended by L. 1900, ch. 381, § 4.
Amended by L. 1913, ch. 820, in effect Dec. 17, 1913.

Consolidators' note. The provision for the number of ballots in districts where but two meetings are held can be and is omitted.

§ 341. Officers providing ballots and stationery.

The county clerk, in each of the counties of Oneida and Broome, the commissioner of elections in any county having one commissioner of elections, the board of elections in every other county except a county within the city of New York, and in any such county the board of elections of such city, shall provide the requisite number of official and sample ballots, cards of instruction, two poll-books, distance markers, two tally sheets of each kind, three return blanks of each kind, pens, pen-holders, red and black ink, pencils having black lead, blotting paper, sealing wax and such other articles of stationery as may be necessary for the proper conduct of the election and the canvass of the votes, for each election district in the county for each election to be held thereat, except that when town meetings, city or village elections and elections for school officers are not held at the same time as a general election, the clerk of such town, city or village, respectively, shall provide such official and sample ballots and stationery for such election or town meeting. If the town meeting is held on general

"election day ballots and sample ballots for town propositions and official and sample general ballots on which town officers only are to be voted for shall be provided by the town clerk in like manner and in the same form as at a town meeting held at any other time, and such town clerk shall also furnish return blanks for making returns on town propositions or questions, and for making returns of votes cast for candidates for town offices at such an election, and the expense of furnishing such ballots, sample ballots and return blanks shall be a town charge. And the board of elections of the city of New York shall provide such articles for each election to be held in said city.

Derivation: Election Law, pt. of § 86, as amended by L. 1897, ch. 379, § 18; L. 1900, ch. 381, § 5; L. 1901, ch. 95, § 18, and ch. 615, § 1; L. 1902, ch. 176, § 1, and ch. 405, § 5; L. 1904, ch. 733, § 2; L. 1905, ch. 643, § 18. Amended by L. 1911, ch. 649; L. 1913, ch. 821; L. 1916, ch. 454, in effect July 1, 1916.

Cross-references.-As to duty of county clerk in printing ballot, see note to Election Law, § 331. As to errors and omissions in ballots, see Election

Law, § 344, and note.

Separate ballot for candidates for town office.-Section 341, as amended by L. 1913, ch. 821, so as to extend to all general elections the provision for a separate ballot for candidates for town offices, which before had been limited to elections in even-numbered years, and § 316. as amended by the same chapter so as to strike out entirely the provision for a separate box for such separate ballots, and § 68 of the Town Law, providing that there shall be no such separate ballot, construed and held, that at a general election in an odd-numbered year there need not be a separate ballot for candidates for town offices. People ex rel. Shea v. Gilbert (1919), 189 App. Div. 122, 178 N. Y. Supp. 327.

Local option election.- The provison requiring boards of election to provide ballots for all elections except those at town meetings held at times other than a general election, the exception has no application to a town meeting held at the same time as a general election, and ballots furnished for a local option election thereat are valid. Matter of Town of Bath (1916), 93 Misc. 575; Matter of Electors of Town of Wayland (1916), 94 Misc. 417, 157 N. Y. Supp. 889.

§ 342. Public inspection of ballots.

Each officer or board charged with the duty of providing official ballots for any polling place, shall have sample ballots and official ballots provided, and in the possession of such officer or board, and open to public inspection as follows: The sample ballots five days before the election, and the official ballots four days before the election for which they are prepared, unless prepared for a village election or town meeting held at a different time from a general election, in which case the official ballot shall be so printed and in possession at least one day, and the sample ballots at least two days, before such election or town meeting. During the times within which the same are open for inspection as aforesaid, it shall be the duty of the officer or board charged by law with the duty of preparing the same, to deliver a sample ballot of the kind to be voted in his district to each qualified elector who shall apply therefor, so that each elector who may desire the same may obtain a sample ballot similar, except as regards color and the number on the stub, to the official ballot to be voted at the polling place at which he is entitled to vote.

Derivation: Election Law, pt. of § 86, as amended by L. 1897, ch. 379, § 18; L. 1900, ch. 381, § 5; L. 1901, ch. 95, § 18, and ch. 615, § 1; L. 1902, ch. 176, § 1, and ch. 405, § 5; L. 1904, ch. 733, § 2; L. 1905, ch. 643, § 18.

§ 343. Distribution of ballots and stationery.

The board of elections of each county, except those counties which are wholly within the city of New York, shall deliver at its office to each town or city clerk in such county, except in New York city and in the city of Buffalo, on the Saturday before the election for which they are required, the official and sample ballots, cards of instruction and other stationery required to be provided for each polling place in such town or city for such election. It is hereby made the duty of each such town or city clerk to call at the office of such board of elections at such time and receive such ballots and stationery. In the cities of New York and Buffalo the board or officer required to provide such ballots and stationery shall cause them to be delivered to the board of inspectors of each election district at least one-half hour before the opening of the polls on each day of election. Each kind of official ballots shall be arranged in a package in the consecutive order of the numbers printed on the stubs thereof, beginning with number one. All official and sample ballots provided for such election shall be in separate sealed packages, clearly marked on the outside thereof with the number and kind of ballots contained therein and indorsed with the designation of the election district for which they were prepared. The instruction cards and other stationery provided for each election district shall also be inclosed in a sealed package or packages, with a label on the outside thereof showing the contents of each such package. Each such town and city clerk receiving such packages shall cause all such packages so received and marked for any election district to be delivered unopened and with the seals thereof unbroken to the inspectors of election of such election district one-half hour before the opening of the polls of such election therein. The inspectors of election receiving such packages shall give to such town or city clerk, or board, delivering such packages a receipt therefor specifying the number and kind of packages received by them, which receipt shall be filed in the office of such clerk or board. Town, city and village clerks required to provide the same for town meetings, city and village elections held at different times from a general election, shall in like manner, deliver to the inspectors or presiding officers of the election at each polling place at which such meetings and elections are held, respectively, the official ballots, sample ballots, instruction cards and other stationery, required for such election or town meeting, respectively, in like sealed packages marked on the outside in like manner, and shall take and file receipts therefor in like manner in their respective offices.

Derivation: Election Law, § 87, as amended by L. 1897, ch. 379, § 19; L. 1905, ch. 643, § 19.

Amended by L. 1916, ch. 537, in effect May 15, 1916.

Consolidators' note.- In the last sentence "and the board of the city of New York, and in the city of Buffalo the commissioner of elections, required to provide the same for elections held therein; respectively," is omitted. "Required to provide," etc., is doubly unnecessary, and the whole provision is mere repetition, as the previous provisions governing the distribution of ballots and stationery in New York city and Buffalo are broad enough to include special elections.

Cross-references.- Failure to deliver official ballots. Penal Law, § 761 (part 5, post). Distribution where voting machine is used. Election Law, § 404.

Forms. For town clerk's or city clerk's receipt for official ballots received from county clerk, and for election inspector's receipt for official ballot received from town or city clerk, see Forms (part 12, post).

§ 344. Errors and omissions in ballots.

Upon affidavit, presented by any voter, that an error or omission has occurred in the publication of the names or description of the candidates nominated for office, or in the printing of sample or official ballots, the supreme court, or a justice thereof, may make an order requiring the board of elections or other officer or board charged with the duty in respect to which such error or omission occurs to correct such error, or show cause why such error should not be corrected. The board of elections or such other officer or board shall, upon his own motion, correct without delay any patent error in the ballots which they may discover, or which shall be brought to their attention, and which can be corrected without interfering with the timely distribution of the ballots to the inspectors for use at such election.

Derivation: Election Law, § 88.

Amended by L. 1916, ch. 537, in effect May 15, 1916.

Latent defect in ballot.-Innocent voters will not be disfranchised because of a latent defect in the official ballot furnished by the State, not discernible on inspection, the defect consisting in the unauthorized insertion therein, by a public official charged with the duty of making up and printing the ballots, of names of candidates, in a party column, not duly nominated by such party. People ex rel. Hirsh v. Wood (1895), 148 N. Y. 142.

Where the term of office of a commissioner of highways is fixed by statute at three years, no effect can be given to the words "two years" appearing after the name of a candidate for that office, on the ballots cast at an election at which he was elected. People ex rel. Lane v. Case, (1892) 46 N. Y. St. Rep. 219, 19 N. Y. Supp. 625.

Objections, when to be taken.- Objections to the regularity of the official ballot as made up by the county clerk must be taken before election and cannot be taken after the ballots have been used by the voters, in order to affect the count. Matter of Hirsh, (1895) 14 Misc. 317, 71 N. Y. St. Rep. 26, 36 N. Y. Supp. 19.

It is too late after an election to hear complaints as to the form of official ballots. People ex rel. Williams v. Board of Canvassers, (1905) 105 App. Div. 197, 94 N. Y. Supp. 996, aff'd 183 N. Y. 538.

Where the names of the nominees of a citizens' ticket for school commissioners are placed by the clerk in the same column with the Socialist Labor ticket, the error is one to which objection must be made before the election. Matter of Houligan, (1907) 55 Misc. 5, 106 N. Y. Supp. 205.

Marked ballot.-The fact that the column of the local organization has been filled out with the State nominees of a party of a similar faith or prin