Article 14. State superintendent of elections (§§ 470–489.) 15. Soldiers' and sailors' elections (§§ 500–522.)

16. Corrupt practices (§§ 540-562.)

17. Special provisions for the year nineteen hundred and eighteen (§§ 570-594.)

18. Laws repealed; when to take effect (§§ 570, 571.)

ARTICLE 1.

SHORT TITLE; APPLICATION; DEFINITIONS.

Section 1. Short title.

2. Application.

3. Definitions.

[Schedule of sections thus amended by Laws 1911, chap. 891, § 2, in effect Nov. 15, 1911.]

§ 1. Short title.

This chapter shall be known as the "Election Law."

Derivation: Election Law, § 1.

Consolidators' general note.- The Election Law as here consolidated includes the following formerly separate laws, as amended to January 1, 1908: Primary Election Law, L. 1899, ch. 473 (amending throughout L. 1898, ch. 179).

Town Enrollment Act, L. 1902, ch. 195.

Soldiers' and Sailors' Election Law, L. 1898, ch. 674.

Metropolitan Elections District Law, L. 1905, ch. 689 (amending throughout L. 1898, ch. 676).

Act creating a Commissioner of Elections in Erie County, L. 1904,

ch. 394.

Act creating a Commissioner of Elections in Westchester County, L. 1907, ch. 255.

Certain provisions relating to elections in towns, villages and school districts, appearing heretofore in the Town, Village and School Laws, and closely involved in provisions of those laws more analogous to certain parts of the Constitution and the Legislative Law than to the Election Law, have been left in the Town, Village and Schools Laws where they were. The penal provisions already in the Election Law have been allowed to remain, instead of being placed in the Penal Code with the considerable body of provisions there concerning crimes against the elective franchise. But otherwise, and excepting also the constitutional provisions, all the existing statute law of a general nature relating to elections, including certain exceptions to the general scheme, which are in one sense special or local, but without which the general law would be incomplete, e. g. the special provisions for a board of elections in New York City, and for the commissioners of elections in Erie and Westchester counties, are included.

ARRANGEMENT OF LAW.

An effort has been made to follow the chronological order of the election process so far as a fairly close adherence to the form of the old law permitted beginning with the primaries and enrollment in parties, continuing through registration for elections, the proceedings in preparation for and upon election day, the proceedings of the boards of canvassers, and coming finally to the

proceedings of the presidential electors in presidential years. To these have been added the provisions which have no special relation to the others in order of time, or which are incapable of adaptation to such an arrangement without fundamental change in the form of the law. The several laws here consolidated were themselves more or less consistently arranged upon the chronological plan, and accordingly the various main divisions of this consolidated law will be found to conform within themselves in greater or less degree to the chronological principle.

EDITING,

subdivi

The rearrangement incidental to the consolidation has made necessary an entire renumbering of the sections of the law. Advantage has been taken of this opportunity to simplify the arrangement by eliminating the sions" of sections wherever they occurred in the old laws, the division here being into sections only. At the same time many of the old sections and subdivisions, sometimes of inordinate length and not wholly homogeneous in character, have been cut into two or more sections. The sectional numbers rup consecutively within the articles, but gaps are left between the articles for new sections. It is conceivable, indeed, that subdivision of sections may be wisely resorted to in certain instances in making further amendments, rather than renumbering; but it was deemed advisable, especially in a law which is subject to such continual amendment as this, to begin with a clean slate.

For convenience of consultation, many of the sections have been divided into paragraphs, but without numbers or other designation. No notice of this is taken in the special notes relating to the sections.

The consolidation of several laws herein and the renumbering of the sections have necessitated changes in many references throughout the law, e. g. "the Election Law" becomes "this chapter," "this act" frequently becomes "this article." New section headings have been supplied where necessary, and the old ones amended; new analyses have likewise been prefixed to the articles where necessary, and the old ones amended.

The

"Elector," " electors," "an elector," have been changed throughout_to "voter," ‚” “voters,” “a voter," except when used of presidential electors. several laws consolidated herein, like the Constitution, use both terms indiscriminately-sometimes both appear in the same section-although "elector" largely predominates. The impossibility of any confusion arising out of the use of the word "voter," the everyday use of the word by everybody outside of legal circles, and particularly the desirability of having a distinctive word for presidential electors, determined the consolidators in favor of "voter" rather than "elector," it having been previously determined that the usage should be made uniform throughout, whichever word was adopted. The consolidators of this law have spent a large amount of time in merely editing the text. It may be justly charged that such work yields but superficial results in a case where thorough revision is demanded. The consolidators freely concede that such a course was a mere tithing of mint, anise and cummin, while letting go the weightier matters of the law. But under the limitations imposed upon the present work there was no alternative. In no instance has the intent of the law been changed in making these verbal changes.

Purpose of Election Law. As to the purpose of election statute, see Matter of McClosky, 21 Misc. 365, 47 N. Y. Supp. 294. Construction of Election Law. The Election Law must be liberally construed. Matter of Bulger, (1905) 48 Misc. 584, 97 N. Y. Supp. 232.

The political rights of citizens are recognized by the laws of this State and the authority of the courts may be invoked for their vindication. Brown v. Cole, (1907) 54 Misc. 278, 104 N. Y. Supp. 109.

Determination of election questions by Court of Appeals. — The Court of Appeals will determine a question arising under the Election Law, although the election having been held it has ceased to be of practical importance in the particular case, where the full decision seems to be required to prevent embarrassment in the future from conflicting decisions. of Madden, (1895) 148 N. Y. 136.

Matter

§ 2. Application.

Except as otherwise herein provided, articles two, three, four, four-a and four-b of this chapter shall be controlling:

1. On the method of enrolling the voters of a party.

2. On the organization and conduct of party committees.

3. On the method of electing members of state and county committees, and delegates and alternates to party conventions.

4. On the organization and conduct of state and judicial district party conventions.

5. On the nomination by parties of all candidates for offices authorized to be filled at a general election, except town, village and school district officers.

Derivation: Added by L. 1911, ch. 891.

Amended by L. 1913, ch. 820; L. 1921, ch. 479, in effect May 2, 1921.

It is doubtless true that § 2, subd. 4 of the election law excepts town, village and school district primaries from the provisions of the general election law, that is, it opens the door for members of a party to vote at a town primary, although not enrolled as such. Matter of Moore (1919), 108 Misc. 570, 177 N. Y. Supp. 833.

3. Definitions.

The terms used in this chapter shall have the signification herein defined unless other meaning is clearly apparent in language or

context:

1. The term "general election" means the election held on the Tuesday next succeeding the first Monday in November.

2. The term "official primary" or "official primary election" means a primary election held by a party for the purpose of nominating candidates for office or electing persons to party positions and conducted by the public officers charged by law with the duty of conducting general elections. An "unofficial primary" or "unofficial primary election" means any other primary or primary election held by a party or independent body.

3. The term "primary day" means the day upon which an official primary election is held, as in this chapter provided.

4. The term "fall primary" means the official primary elec tion held on the eighth Tuesday before the general election.

5. The term "spring primary" means the official primary election held on the first Tuesday in April in years when a president of the United States is to be elected.

6. The term " unit of representation" means any election district, town, ward of a city, assembly district, or any other political subdivision of the state, respectively, which is the unit from which

members of any political committee or delegates to a party convention shall be elected as herein provided.

7. The term "custodian of primary records" means the officer or board whose duty it is by the provisions of this chapter to provide official ballots for general elections.

8. The term "board of elections" shall include a single commissioner of elections in a county having such an officer and the county clerk in any county which by the provisions of this chapter shall have no such board nor commissioner, except as otherwise provided in special provisions relating to any such county.

9. The term party" means any political organization which at the last preceding election for governor polled at least fifteen thousand votes for governor.

10. The term "nomination" means the selection in accordance with the provisions of this chapter of a candidate for office authorized to be filled at a general election or at a special election held to fill a vacancy in such office.

-11. The term "designation" means any method in accordance with the provisions of this chapter by which candidates for party nominations, or for election as party committeemen or delegates, may be named in order that they may be placed upon the official ballot for any official primary election.

12. The term "official primary ballot" means the ballot prepared, printed and supplied for use at an official primary election in accordance with the provisions of this chapter.

13. The term "party position" means membership in a party committee or the position of delegate or alternate to a party convention.

14. The term "convention" means an assemblage of delegates elected in accordance with the provisions of this chapter, representing a party, duly convened for the purpose of nominating candidates for public office whose nomination by a convention is authorized by this chapter, and for the transaction of other business relating to the affairs of the party not inconsistent with the provisions of this chapter.

15. The term "committee " means any committee chosen, in accordance with the provisions of this chapter, to represent the members of a party in any political subdivision of the state.

16. The term "independent body" means any organization or association of citizens which, by independent certificate, nominates candidates for office to be voted for at a general, special or village election, or town meeting, and which, if such independent body nominated a candidate for governor at the preceding general eleotion of a governor, did not poll at least fifteen thousand votes for its candidate for such office.

17. The term 66 party nomination" means the selection by a party of a candidate for an office authorized to be filled at a general election, or at a special election held to fill a vacancy in such office, or at a town meeting.

18. The term "independent nomination" means the selection of a candidate by an independent body for an office authorized to be filled at a general election, or at a special election held to fill a vacancy in such office, or at a town meeting.

19. The term "party candidate" or "party nominee" means a person who is selected by a party to be its candidate for an office authorized to be filled at a general election, or at a special election held to fill a vacancy in such office, or at a town meeting.

20. The term "independent candidate" or "independent nominee" means a person who is selected by an independent body to be its candidate for an office authorized to be filled at a general election, or at a special election held to fill a vacancy in such office, or at a town meeting.

21. The term "poll-book" or primary poll-book," when applied to such a book to be used at a general election or spring or fall primary, outside of a city of over one million inhabitants, means the appropriate poll-book section of the register.

22. Words of the masculine gender include the feminine; and this rule of construction shall not be impaired or affected by the fact that appropriate words are used in certain sections or parts thereof to indicate specifically the masculine and the feminine.

Derivation: Election Law, § 50.

Formerly § 2, as amended by L. 1911, chs. 649 and 872; renumbered and amended by L. 1911, ch. 891; amended by L. 1913, ch. 820; L. 1915, ch. 678; L. 1916, ch. 537; L. 1918, chs. 298, 323; L. 1919, ch. 504; L. 1920, ch. 878; L. 1921, ch. 479, in effect May 2, 1921.

A special election day is not a holiday. Rept. of Atty-Gen. (1914), vol. 2, p. 217.

A town meeting is not a general election. Rept. of Atty-Gen. (1914), vol. 2, p. 217.