after the tally has been once completed, as provided in section three hundred and sixty-eight, the ballots shall be examined and the votes thereon announced by the inspector who kept the tally sheet and at the same time the chairman shall examine and check the tally sheet as the vote is announced. After making any necessary change in the tally sheet, and otherwise proving the tallies in the manner provided in article ten, such board shall make a statement and return of the canvass as provided by law and forthwith forward the same to the board of elections by one of the inspectors or by registered mail or express. The expense of such mailing or expressing incurred by an inspector shall be added to his account for services as inspector and repaid by the town or city. If such statement and return are delivered to the board of elections by an inspector in person he shall not receive any compensation or mileage therefor or be allowed expenses in connection therewith. Derivation: L. 1898, ch. 674, pt. of § 15, as amended by L. 1899, ch. 58, § 1. Amended by L. 1917, ch. 815, in effect Aug. 29, 1917. Where jurat lacks name of inspector and the day of the month the ballot will not be declared void. People ex rel. Fiske v. Inspectors of Election (1917), 102 Misc. 136, 168 N. Y. Supp. 398. Intent of voters.- People ex rel. Fiske v. Inspectors of Election (1917), 102 Misc. 136, 168 N. Y. Supp. 398. The determination of the question of intent is one of fact, and the power to pass thereon is lodged with the inspectors of election. Where, in an election conducted at a military camp, one ballot was voted for mayor in the blank space for city chamberlain and another in the space for superintendent of the poor, and it appears that there was no vacancy to be filled for the office of superintendent of the poor, and that the city had no such office as city chamberlain, the local inspectors of election were justified in finding that such ballots were valid and could be counted for mayor. The intent of the voter should be gathered from the face of the ballot itself, and the local inspectors cannot be governed by extrinsic evidence or by affidavits. A ballot on which the voter had twice written his name and address, stating that he voted "the Democratic ticket," was also properly counted. Such ballot is not in contravention of the Constitution because so marked. Section 1 of Article of the Constitution, securing the vote to soldiers and sailors in actual service, does away with objections which might otherwise render the ballots in question void. Matter of Fiske (1918), 181 App. Div. 706, 168 N. Y. Supp. 779, aff'd 222 N. Y. 687. § 515. Canvass by county board. The county board of canvassers or such other board as perform like duties, shall convene not later than the seventh Thursday after the election day, at their usual place of meeting, at one o'clock in the afternoon for the purpose of canvassing such statements and returns. At such meeting of the county or other canvassing board the said board shall proceed to canvass such statements and returns of the respective election district boards of inspectors and shall from such statements and returns, together with the statements and returns theretofore made of such election, make new and separate statements of the votes cast in such county or any part thereof, and shall complete their canvass and make the statements provided for by section four hundred and thirty-seven of this chapter, and they shall not, until such meeting, determine the result of the election, anything now provided by law to the contrary notwithstanding. But nothing herein shall prevent any county board of canvassers from proceeding as provided by this chapter except as to such final determination. Such meeting or meetings of the board of county canvassers shall be deemed a continuation of its regular session. Derivation: L. 1898, ch. 674, pt. of § 15, as amended by L. 1899, ch. 58, § 1, and § 16. Amended by L. 1918, ch. 298, in effect Apr. 20, 1918. § 516. Canvass by state board. If any such new statements shall be made by a county board after the time fixed by law for the canvass of the regular statements of the county boards by the state board of canvassers, the state board of canvassers shall convene upon notice by the secretary of state and shall proceed to canvass such new statements of a county board, and their original canvass, if any, shall be corrected accordingly; and the state board of canvassers shall cause a determination of such result to be made in accordance with such new statements. And they shall not, until such meeting, determine the result of the election, anything now provided by law to the contrary notwithstanding. Derivation: L. 1898, ch. 674, § 17. § 517. Returns or statements not made and filed prior to certain dates in any year not to be canvassed. No statement, as provided by this article, which shall not have been duly made and filed by a county board of canvassers prior to the twenty-ninth day of December next succeeding such election in any year, shall be canvassed or affect the result of such an elec tion; and no return or statement not received by a county board of canvassers at their meeting herein provided for, shall be thereafter canvassed, or affect the result of such election. Derivation: L. 1898, ch. 674, § 18. § 518. Provisions of penal law relating to crimes against the elective franchise to apply. All the provisions of the penal law relating to crimes against the elective franchise shall be deemed to apply to all elections held under the provisions of this article, and any person who shalf violate any such provisions may be indicted at any time in any county of this state and may be fined or imprisoned or both so fined and imprisoned upon conviction thereof whenever found in this state. Amended by L. 1909, ch. 240, in effect Apr. 22, 1909. § 519. Filling vacancies in the office of inspector of elections. It shall be lawful for a majority of the inspectors of election provided for by this article to execute all the trusts and duties required to be executed by the inspectors herein provided for. And if for any cause, after the inspectors of election hereinbefore provided for shall have been chosen, any of the said inspectors shall permanently absent himself from the place of holding such election, or shall for any cause be obliged permanently to leave the place of holding such election, the remaining inspectors, or on their default the voters present, may fill such vacancy, preserving, if possible, the bipartisanship of such board; and any person so ap pointed to fill such vacancy shall take the oath of office and shall thereupon continue with the other inspectors to perform the duties of such office at such election to the end thereof. Derivation: L. 1898, ch. 674, § 20. § 520. Elections may be contested. ་ All elections held under this article shall be subject to contest and inquiry in the same manner as elections held within this state. The sealed packages of voted ballots shall be held inviolate in the office in which they are filed, subject to the order of a court of com petent jurisdiction and may upon such order of such court be opened and canvassed. Derivation: L. 1898, ch. 674, § 21. This section does not take away the safeguards for the correction of errors, but merely declares that soldiers' and sailors' elections may be contested like other elections by citizen voters. Peo. ex rel. Fiske v. Bantz (1918), 181 App. Div. 702, 168 N. Y. Supp. 965, aff'd 222 N. Y. 676. § 521. General provisions concerning elections to apply. The several officers or persons authorized by the provisions of this article to conduct the elections held by virtue hereof shall have the like powers, and they, as well as other who persons be canmay didates for office at such election, or who may attend such election, or may vote or offer to vote at such election, shall be subject to the like penalties and restrictions as are declared and provided by law in case of elections within this state, and all provisions of this chapter, as far as applicable and not inconsistent with the provisions of this article, shall apply to elections held under this article. Derivation: L. 1898, ch. 674, § 22. § 522. Synopsis of this article to be published and distributed. The secretary of state shall whenever necessary cause a brief synopsis of the provisions of this article and such extracts therefrom as he may deem suitable, to be published in pamphlet form, properly indexed, and shall cause the same to be, as generally as may be, circulated among the voters of this state absent from their respective election districts in time of war in the actual military service of this state or of the United States, in the army or navy thereof. The secretary of state shall also provide in addition to the necessary official ballots, poll books and envelopes, such other blank forms, envelopes, instructions to voters, and other stationery for use at each poll of any election held under this article, as may be necessary for the proper conduct of such election, and shall transmit them to the proper place and to the proper persons in ample time for their safe delivery and use at such election. He may order or purchase any of the printing and supplies required by this |