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Printing of ballots by county clerk where machines are used. Report of Atty.-Gen., (1903) 372.

§ 399. Number of official ballots.

Two sets of ballots shall be provided for each voting machine for each election. Such ballots shall be delivered to the custodian of the voting machine at least ten days before the election. Derivation: Election Law, § 169, as added by L. 1899, ch. 466, § 1. Amended by L. 1919, ch. 630, in effect May 14, 1919.

§ 400. Preparation of voting machine for election.

The board of elections for each county and the city of New York in which voting machines are to be used, shall cause the proper ballot labels to be placed on the machines corresponding with the sample ballots herein provided for, and the machine in every way put in order, set, and arranged, ready for use in vot ing at such election; and for the purpose of so labeling, putting in order, setting and arranging the machine, shall employ one or more competent persons who shall be known as the voting machine custodian, or custodians, who shall be sworn to perform their duties honestly and faithfully, and for such purpose shall be considered as officers of election, and shall be paid for the time spent in the discharge of their duties, in the same manner as election officers are paid. In cities where there are more than twenty voting machines, more than one custodian shall be appointed. They shall be selected from the two political parties entitled to representation on a board of election officers. No custodian shall be appointed or serve unless he shall be fully qualified to perform his duties in connection with the complete preparation of the machine for the election and the instructing of the election officers and voters. Said custodian or custodians, shall, under the direction of said board or officer having charge and control of the election, cause the machine to be so labeled, put in order, set, arranged, and delivered to the polling place of the election district in which the election is to be held, together with all furniture and appliances necessary for the proper conducting of the election, at least one hour before the time set for opening the polls on elec tion day. In preparing a voting machine for an election the custodian shall, according to the printed directions furnished, ar

range the machine and the ballots therefor so that it will in every particular meet the requirements for voting and counting at such election, and thoroughly test the same. Before preparing the voting machine for any election written notice shall be mailed to the chairman of the city, or town committee of at least three of the principal parties, stating the time and place where machines will be prepared, at which time one representative of each of such political parties shall be afforded an opportunity to see that the machines are in proper condition for use in the election; such representatitves shall be sworn to faithfully perform their duties and shall be regarded as election officials but shall not interefere with the custodians or assume any of their duties. When a machine has been so examined by such representatives it shall be sealed with a numbered metal seal. Such representatives shall certify: to the number of the machine; if all of the counters are set at 000; and the number registered on the protective counter, if one is provided, and on the seal. After the preparation of the machines, an officer or officers or some one duly authorized, other than the person who has prepared them for the election, shall inspect each machine, and report in writing if all of the registering counters are set at zero (000), and the machine is arranged in all respects in good order for the election and locked, with the number registered on the protective counter, if one is provided; and with the number on the seal. When a voting machine has been properly prepared for election, it shall be locked against voting, and sealed; and the keys thereof shall be delivered to the board or official having charge and control of elections, together with a written report made by the custodian on blanks furnished to him, stating that it is in every way properly prepared for the election. All voting machines shall be transferred to the polling places in charge of an authorized official, who shall certify to their deliverey in good order. After the machine has been delivered and set up ready for use in the election at the polling place, it shall be the duty of the local authorities to provide ample protection against molestation or injury to the machine. Every voting machine shall be furnished with a lantern, or a proper substitute for one, which shall give sufficient light to enable electors while in the booth to read the ballot labels and suitable

for use by the election officers in examining the counters. The lantern shall be prepared in good order for use before the opening of the polls. All voting machines used in any election shall be provided with a screen, hood, or curtain which shall be so made and adjusted as to completely conceal the elector and his actions while voting.

Derivation: Election Law, § 169-a, as added by L. 1908, ch. 491, § 2. Amended by L. 1911, ch. 649; L. 1919, ch. 630, in effect May 14, 1919. Appointing of voting machine custodians. Rept. of Atty.-Gen., (1908) 541. The duties of a custodian and of an inspector of election are conflicting and cannot be performed by the same person. Rept. of Atty.-Gen., (1908) 545.

§ 401. Instruction of election officers.

Not later than ten days before each general election, the custodian, or custodians, of the machine shall instruct each board of inspectors that is to serve in an election district in the use of the machine, and in the duties of inspectors of election in connection therewith; and he shall give to each inspector of election that has received such instruction and is fully qualified to properly conduct the election with the machine, a certificate to that effect. For the purpose of giving such instruction the custodian shall call such meeting, or meetings, of the inspectors of election as shall be necessary. Such custodian shall without delay file a report with the board or official in charge of elections, stating that he has instructed the election officers, giving the names of such officers, and the time and place where such instruction was given. The inspectors of election of each election district in which a voting machine is to be used, shall attend such meeting, or meetings, as shall be called, for the purpose of receiving such instructions, concerning their duties as shall be necessary for the proper conduct of the election with the machine. Each inspector of election that shll qualify for and serve in the election, shall be paid one dollar for the time spent in receiving such instruction, in the same manner and at the same time as he is paid for his services on election day. No inspector of election shall serve in any election at which a voting machine is used, unless he shall have received such instruction and is fully qualified to perform his duties in connection with the machine, and has received a certificate to that effect from the custodian of the machines; provided, however, that this shall

not prevent the appointment of an inspector of election to fill a

vacancy in an emergency.

Derivation: Election Law, § 169-b, as added by L. 1908, ch. 491, § 2.
Amended by L. 1911, ch. 649; L. 1919, ch. 630, in effect May 14, 1919.

$402. Instruction of voters before election.

In all places where voting machines are to be used one or more of such machines which shall contain the ballot labels, showing the party emblems and title of offices to be voted for, and which shall so far as practicable contain the names of the candidates to be voted for, shall be placed on public exhibition in some suitable place, in charge of a competent instructor, for at least three days during the thirty days next preceding the election; but no voting machine which is to be assigned for use in an election shall be used for such instruction after having been prepared and sealed for the election. During public exhibitions of any voting machine for the instruction of voters previous to an election, the counting mechanism thereof shall be concealed from view and the doors may be temporarily opened only when authorized by the board or official having charge and control of the elections. Printed instructions how to vote circulated to voters must conform to the instructions approved by the officials providing ballots, and adapted to the machine used.

Derivation: Election Law, § 169-c, as added by L. 1908, ch. 491, § 2.
Amended by L. 1919, ch. 630, in effect May 14, 1919.

Use of voting machine for instruction within hall or room where official machine is being used should not be permitted. Report of Atty.-Gen. (1911), vol. 2, p. 211.

$403. Independent nominations.

(Repealed by L. 1913, ch. 821, in effect Dec. 17, 1913.)

404. Distribution of ballots and stationery.

The ballots and stationery shall be delivered to the board of inspectors of each election district before ten o'clock in the forenoon of the day next preceding the election.

Derivation: Election Law, § 170, as added by L. 1899, ch. 466, § 1.

§ 405. Statements of canvass.

In each election district where voting machines are used, statements of canvass shall be printed to conform with the type of

voting machine used, of a form approved by the secretary of state. The designating number and letter on the counter for each candidate shall be printed next to the candidate's name on the statements of canvass. Three such statements shall be used in each such election district. No tally sheets shall be provided or used in any such district.

Derivation: Election Law, § 171, as added by L. 1899, ch. 466, § 1, and amended by L. 1908, ch. 491, § 3.

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

§ 406. Unofficial ballots.

If the official ballots for an election district at which a voting machine is to be used, required to be furnished by or 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, or the election inspectors of such district, shall cause other ballots to be prepared, printed or written, as nearly in the form of the official ballots as practicable, and the inspectors 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, § 172, as added by L. 1899, ch. 466, § 1.

§ 406-a. If voting machine shall become out of order.

If any voting machine being used in any election shall become out of order during such election, it shall if possible be repaired or another machine substituted as promptly as possible, but in case such repair or substitution cannot be made, paper ballots, printed or written, and of any suitable form, may be used for the taking of votes, and for such purpose the reduced sample ballots referred to in section three hundred and ninety-eight may be employed.

Added by L. 1919, ch. 630, in effect May 14, 1919.

§ 407. Opening of polls.

The inspectors of election and poll clerks of each district shall meet at the polling place therein, at least three-quarters of an hour before the time set for the opening of the polls at each elction, and shall proceed to arrange within the guard-rail the furniture,

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