Matter of Hirsh, (1895) 14 ciples does not make the ballot a marked one. Misc. 377, 71 N. Y. St. Rep. 26, 36 N. Y. Supp. 19. Additional words improperly placed on stubs of ballots held not to render ballots void. People ex rel. Williams v. Board of Canvassers, (1905) 105 App. Div. 197, 94 N. Y. Supp. 996, aff'd 183 N. Y. 538. Right to vote for office not on official ballot.- Voters may write on their ballots the name of a person for an office which the law requires to be filled at the election, where, by mistake or intention, the clerk has omitted from the ballot the name of the office, in violation of the Election Law. People ex rel. Goring v. President, (1894) 144 N. Y. 616, aff'g 9 Misc. 246. Effect of failure of voter to make application.-Although this section provides a method by which errors and omissions in ballots may be corrected by direction of the court upon the application of any voter, the failure of a voter to make such an application does not result in his disfranchisement to vote for any office at a general election in respect of which there is a vacancy which should be filled. Matter of Deitz (1914), 87 Misc. 610, 617, 150 N. Y. Supp. 43. § 345. Unofficial ballots. If the official ballots required to be furnished to any town or city clerk, or board, shall not be delivered at the time required, or if after delivery shall be lost, destroyed or stolen, the clerk of such town or city, or such board, shall cause other ballots to be prepared as nearly in the form of the official ballots as practicable, but without the indorsement, and upon the receipt of ballots so prepared from such clerk or board, accompanied by a statement under oath that the same have been so prepared and furnished by him or them, and that the official ballots have not been so delivered, or have been so lost, destroyed or stolen, the inspectors of election shall cause the ballots so substituted to be used at the election in the same manner, as near as may be, as the official ballots. Such ballots so substituted shall be known as unofficial ballots. Derivation: Election Law, § 89. Cross-references.- Unofficial ballots where voting machine is used. Election Law, § 406. When unofficial ballots may be voted. Election Law, § 360. ARTICLE 10. CONDUCT OF ELECTIONS AND. CANVASS OF VOTES. Section 350. Opening the polls. 351. Persons within the guard-rail. 352. Watchers; challengers; electioneering. 353. General duties of inspectors. 354. General duties of ballot clerks. 355. General duties of poll clerks during the taking of the vote. 356. Delivery of ballots to voters. 357. Assistance to disabled or illiterate voters. 357a. Assistance to physically disabled voters. 358. Preparation of ballots by voters; intent of voters. 359. Manner of voting. 360. When unofficial ballots may be voted. 361. Challenges. 362. Preliminary oath. 363. General oath and additional oaths. 364. Record of persons challenged. 365. Time allowed employees to vote. 366. Canvass of votes; preparation for canvass. 366a. Special provision as to preparation for canvass in a city of over one million inhabitants. 367. Comparing poll books and registers; verifying number of ballots. 368 Method of canvassing. 369. Objections to counting; disposal of ballots. 370. Proving the tallies. 371. General provisions as to canvass. 372. Statement of canvass to be delivered to police. 373. Returns of canvass. 374. Preservation of ballots. 375. Proclamation of result. 376 Sealing statements. 377. Delivery and filing of papers relating to the election; general provisions. 378. Delivery and filing of papers in the city of New York. 379. Additional requirements in the metropolitan elections district. 380. Delivery and filing of papers in the county of Erie. 381. Judicial investigation of ballots. 382. Destruction of books, records and papers relating to the elections. § 350. Opening the polls. The inspectors of election, poll clerks and ballot clerks of each election district shall meet at the polling place therein at least one-half hours before the time set for opening the polls at each election for which official ballots are required to be provided, and shall proceed to arrange the space within the guard-rail and the furniture thereof, including the voting booths, for the orderly and legal conduct of the election. The inspectors of election shall then and there have the ballot boxes required by law for the reception of ballots to be voted thereat; the box for the reception of ballots found to be defective in printing or mutilated before delivery to, and ballots spoiled and returned by, voters; the box for the stubs of voted and spoiled ballots; the sealed packages of official ballots, sample ballots and instruction cards and distance markers, poll books, tally sheets, return blanks and other stationery required to be delivered to them for such election; and if it be an election at which registered voters only can vote, the register of such voters required to be made and kept therefor. The inspectors shall thereupon open the sealed packages of instruction cards and cause them to be posted conspicuously, at least one, and if printed in different languages, at least one of each language, in each of the voting booths of such polling place, and at least three of each language in which they are printed in or about the polling place; shall open the sealed packages of official ballots and sample ballots, and place them in charge of the ballot clerks, and shall place the poll books in charge of the poll clerks, and shall cause to be placed at a distance of one hundred feet from the polling place the visible markers designated herein as " distance markers," to prohibit "loitering or electioneering" within such distance. They shall also, before any ballots are cast, see that the voting booths are supplied with pencils having black lead only, unlock the ballot boxes, see that they are empty, allow the watchers present to examine them, and shall lock them up again while empty in such manner that the watchers present and persons just outside the guard-rail can see that such boxes are empty when they are relocked. After such boxes are so relocked they shall not be unlocked or opened until the closing of the polls of such election, and, except as authorized by law, no ballots or other matter shall be placed in them after they are so relocked and before the announcement of the result of such canvass and the signing of the original statement of canvass and the two certified copies thereof. The instruction cards and distance markers posted as provided by law shall not be taken down, torn or defaced during such election. The ballot clerks with the official and sample ballots, the inspectors with such boxes and register of voters, and the poll clerks with their poll books, shall be stationed as near each other as practicable within such inclosed space. One of the inspectors shall then make proclamation that the polls of the election are open, and of the time in the afternoon when the polls will be closed. Derivation: Election Law, § 100. Cross-References. — Election officers to take additional oath before opening polls. Election Law, § 357. Time of opening and closing polls. Election Law, 291. Meeting of inspectors and poll clerks before opening of polls when voting machines are used. Election Law, § 407. Removal, mutilation or destruction of election supplies, poll lists or cards of instruction. Penal Law, 758 (part 5, post). Removal of official ballots before close of polls. Penal Law, § 764 (part 5, post). Forms. For oath to be taken by election officers before opening of polls and for proclamation of opening the polls, see Forms (part 12, post). § 351. Persons within the guard-rail. From the time of the opening of the polls until the announcement of the result of the canvass of the votes cast thereat, and the signing of the official returns of such canvass and the copies thereof, the boxes and all official ballots shall be kept within the guard-rail. No person shall be admitted within the guard-rail during such period, except inspectors, poll clerks, ballot clerks, duly authorized watchers, persons admitted by the inspectors to preserve order or enforce the law, and persons duly admitted for the purpose of voting; provided, however, that candidates for public office voted for at such polling place may be present at the canvass of the votes. Derivation: Election Law, § 101. Cross-references.- Unlawful presence within guard-rail. Penal Law, § 764 (part 5, post). § 352. Watchers; challengers; electioneering. Each political party or independent body duly filing certificates of nomination of candidates for offices to be filled at any such election, may, by a writing signed by the duly authorized county, city, town or village committee of such political party or independent body, or by the chairman or secretary thereof charged with that duty, and delivered to and filed with one of the inspectors of election, appoint not more than two watchers to attend each polling place thereof. Such committee, chairman or secretary thereof for a city, county, town or village shall not appoint watchers for any polling place outside of such city, county, town or village respectively. Each watcher must be a qualified elector of the city or county in which the election district for which he or she is appointed a watcher shall be located. Such watchers may be present at such polling place and within the guard-rail from at least fifteen minutes before the unlocking and examination of any ballot box at the opening of the polls of such election until after the announcement of the result of the canvass of the votes cast thereat and the signing of the returns of the canvass by the inspectors. A reasonable number of challengers, at least one person of each such party or independent body, shall be permitted to remain just outside of the guard-rail of each such polling place, where they can plainly see what is done within such rail outside of the voting booths, from the opening to the close of the polls thereat. Each challenger must be a qualified elector of the city or county in which the election district for which he or she is appointed a challenger is located. No person shall, while the polls are open at any polling place, do any electioneering within such polling place or within one hundred feet therefrom in any public street or in any building or room, or in a public manner, and no political banner, poster or placard shall be allowed in or upon such polling place during any day of registration or of the election. Derivation: Election Law, § 102. Amended by L. 1910, ch. 428; L. 1911, ch. 649; L. 1913, ch. 821, and L. 1914, ch. 242; L. 1918, ch. 323, in effect Apr. 24, 1918. Cross-References.- Misconduct of watchers. Penal Law, § 762. Unlawful electioneering, displaying of political posters, etc., at polling places. Penal Law, § 764. Forms. For certificate of appointment of watchers, see Forms (part 12, post). Appointment of women watchers at polling places may be made by duly organized clubs of suffragists and anti-suffragists in any county or town at which a woman suffrage constitutional amendment is submitted to the voters; but there can be but one woman watcher in favor of and one opposed to such amendment at any one polling place. Report of Attorney-General, July 8, 1915. Distance markers should clearly inform the electors of the prohibition against electioneering. Report of Atty.-Gen., (1895) 245. § 353. General duties of inspectors. One of the inspectors of election at each polling place shall be designated by the board of inspectors of election to receive the ballots from the voters voting; or if a majority of the inspectors shall not agree in such designation, they shall draw lots for such position. If it be an election for which voters are required to be registered, the other inspectors shall, before any ballots are delivered by the ballot clerks to a voter, ascertain whether he is duly registered. The ballot clerks shall not deliver any ballot to such voter until the inspectors announce that he is so registered. As each voter votes, the inspectors shall check his name upon such register and, in a city of over one million inhabitants, shall enter therein in the column provided therefor opposite the name of such voter, the consecutive number upon the stub of the ballot or set of ballots voted by him. The inspector shall forthwith upon detaching the stub from any official ballot deposit the same in the box provided for detached stubs. Derivation: Election Law, § 103, pt. of subd. 1. Amended by L. 1919, ch. 504, in effect Oct. 1, 1919. Cross-References. — Misdemeanors in relation to elections. Penal Law, 764 (part 5, post). Misconduct of election officers. Penal Law, § 762 (part 5, post). Violation of Election Law by public officer. Penal Law, § 763 (part 5, post). Inspectors of election have equal power one with another. People v. Van Slyck, 4 Cow. 297. - Inspectors of election are merely ministerial officers. People es rel. Sherwood v. State Board, (1891) 129 N. Y. 360; People v. Pease, (1863) 27 N. Y. 45; Goetcheus v. Matthewson, (1874) 61 N. Y. 420; People ex rel. Stapleton v. Bell, (1890) 119 N. Y. 175; People ex rel. Sherwood v. Board, 129 N. Y. 372; Matter of Hamilton, (1894) 80 Hun 511, 30 N. Y. Supp. 499; People v. Van Slyck, 4 Cow. 297; People ex rel. Borgia v. Doe, (1905) 109 App. Div. 670, 96 N. Y. Supp. 389. § 354. General duties of ballot clerks. Ballot clerks shall fold and deliver the ballots to voters. Ballots shall be delivered in numerical order beginning with number one. When the ballots are in sets they shall only be delivered in sets. If a ballot is found to be defective or mutilated before it is delivered to the voter, its stub and the stubs of all other ballots in the set shall immediately be detached and placed in the box for stubs, and all the ballots of that set shall immediately be marked "canceled" and placed in the box for spoiled and mutilated ballots. If a voter returns a ballot as defective, mutilated, defaced, or wrongly marked, he shall also return all the other ballots of the set, if any, and the ballot clerks shall likewise remove their stubs, placing all the stubs in the box for stubs and all the ballots. of the set in the box for spoiled or mutilated ballots, first marking the ballots "canceled." In each case the voter shall receive another ballot, or set of ballots, unless not entitled thereto under section three hundred and fifty-eight. Upon each delivery of official ballots, the ballot clerks shall announce the voter's name and the number on the stub, and they shall make a similar announcement when any ballot is returned to them. The ballot clerks shall keep a record of all ballots deposited in the box for spoiled and mutilated ballots. Derivation: Election Law, § 103, subd. 2. Amended by L. 1913, ch. 821, in effect Dec. 17, 1913. |