didates as the case may be, are to be elected or nominated thereat, and the number of delegates and alternates to conventions, and members of committees, to be elected in each unit of representation. The custodian of primary records shall prepare a notice of each official primary election provided for by this article, and shall publish the same not more than thirty-five days and not less than thirty days prior to the primary in at least one newspaper having a general circulation in the city or village, of the political faith of each of the two parties which, at the last preceding election of a governor, cast the highest and next highest number of votes for governor. Such notice shall specify the day of such primary election, the hours during which it will be held, the location of each polling place, the election districts whose voters may vote at each such polling place, the name of the party or parties whose primary elections will be held thereat, and the party conventions, party committees or public offices for which delegates, members or candidates, as the case may be, will be chosen thereat.

Derivation: Primary Election Law, § 4, subd. 4, as amended by L. 1908, ch. 463.

Former § 49, renumbered and amended by L. 1911, ch. 891; amended by L. 1913, ch. 820; L. 1921, ch. 479, in effect May 2, 1921.

Unit of representation.- Where the certificate, required by subdivision 4 of section 4 (now Election Law, § 49), is delivered to the custodian of primary records and the unit of representation established by the party is the assembly district, by reason whereof members of the party might vote for delegates to certain conventions which would nominate candidates for office for whom they could not vote at the general election, the districts for which such officers were to be elected not being coterminous with the assembly districts, the board of elections is not justified for that reason in rejecting the certificate and refusing to publish a call or notice pursuant thereto. Matter of Sheridan (1907), 57 Misc. 42, 107 N. Y. Supp. 244.

The party may lawfully establish the assembly district as the unit of representation, though such unit may not be the fairest possible unit of representation that could be established. Matter of Sheridan (1907), 57 Misc. 42, 107 N. Y. Supp. 244.

A statement filed pursuant to this section which shows that in one assembly district, consisting of three aldermanic districts, the electors of the entire assembly district were to participate in the election of all the delegates to the aldermanic convention does not conform to the statute, and violates article 2 of the rules and regulations of the Democratic party for the county of New York; and also section 53 (now § 5) of the Election Law. Matter of Murphy (1908), 126 App. Div. 58, 110 N. Y. Supp. 1020.

The term "general committee," as used in section 10, is made by the amendment of 1901 to mean the general city committee, and the requirements contained in this section, that the chairman of the general committee of each party shall file with the custodian of primary records a statement of the number of delegates to be selected to conventions, mean the chairman of both the general county committee and the chairman of the general city committee. Matter of Wallace (1901), 36 Misc. 1, 72 N. Y. Supp. 445.

§ 76. Restrictions as to place of primaries.

No primary election shall be held in a saloon or drinking place, or in a room which is more than one flight of stairs from the street or not readily accessible from the street.

Derivation: Formerly § 51. Renumbered by L. 1911, ch. 891, § 37, in effect Nov. 15, 1911. Originally revised from Primary Election Law, § 4, pt. of subd. 5.

§ 77. Removals from, and filling vacancies in, boards of primary

election officers.

Removals from boards of primary election officers shall be made, and vacancies occurring in such boards shall be filled, in the same manner as is provided in this chapter for making removals from boards of election officers and for filling vacancies therein on a day of registration.

Added by L. 1911, ch. 891, § 38, in effect Nov. 15, 1911.

§ 77-a. Duties of primary poll-clerks at spring or fall primary, outside of a city of over one million inhabitants.

Upon each delivery of an official primary ballot by the primary ballot clerk to an enrolled voter, the primary poll-clerk shall enter, opposite the name of the voter, in the appropriate column of the primary poll-book section of the register, of the election district in which the voter resides, the printed number on the stub of the ballot delivered. If the ballot delivered shall be returned and the voter shall obtain a new ballot, the poll-clerk shall in like manner

enter the number on the stub of such ballot, in the same column opposite the name of the voter. When a voter is challenged and takes either of the challenge oaths, or is assisted in preparing his ballot, the fact shall be entered by each poll-clerk in his copy of the register, opposite the name of the voter, in the "remarks" column of the poll-book section, including, in case the voter is assisted, the names of the primary officers or persons rendering the assistance, and the cause or reason assigned by the voter for such assistance. As each voter offers the ballot which he intends to vote, to a primary inspector, each poll-clerk shall report to the primary officers whether the number entered by him as the number on the ballot last delivered to such voter is the same as the number on the stub of the ballot so offered. As each enrolled voter votes, each poll-clerk shall enter the number of the ballot voted opposite the name of the voter in the appropriate column of the poll-book section of the register kept by him. At the close of the polls, the primary officers, including the poll-clerks, shall compare the entries made by such clerks, as provided in this section and correct any mistakes found therein.

Added by L. 1919, ch. 504, in effect Oct. 1, 1919.

§ 78. Primary poll-books, for use at extra primaries outside of cities of over one million inhabitants.

The provisions of this section shall apply only to primary districts outside of a city having over one million inhabitants and only to official primaries held by order of the court or a judge, under the provisions of section fifty-six. The provisions of this section shall not apply to the regular spring or fall primary. Each primary pollclerk at each polling place at an official primary election, to which this section applies, shall have a poll-book for each election district within the primary district for keeping the list of enrolled voters voting, or offering to vote thereat. Such book shall have

columns headed respectively "number of enrolled voter," "name of enrolled voter," residence of enrolled voter," "number on ballots delivered to enrolled voter," and as many additional columns as there are political parties entitled to representation on the official ballot. At the head of each of such additional columns shall be printed the party names in the same order that they appear on the official ballot for the general election and underneath each party name shall be printed “number on ballot voted." There shall also be, at the right, a column headed remarks."

Upon each delivery of an official primary ballot by the primary ballot clerk to an enrolled voter, the primary poll-clerk shall enter upon the poll-book of the election district in which the enrolled voter resides, in the appropriate column, the number of the enrolled voter, in the successive order of the delivery of the ballots thereto, the name of the enrolled voter in the alphebetical order of the first letter of his surname, his residence by street and number, or if he have no street number, a brief description of the locality thereof and the printed number upon the stub of the ballots delivered to such enrolled voter. If the ballot delivered to any enrolled voter shall be returned by him to the primary ballot clerk, and he shall obtain a new ballot, the primary pollclerk shall write opposite his name on the poll-book in the proper column, the printed number of the stub of such ballot. Each primary poll-clerk shall make a memorandum upon his poll-book opposite the name of each person who shall have been challenged and taken either of the oaths prescribed upon such challenge, or who shall have received assistance in preparing his ballot and shall also enter upon the poll-book opposite the name of such person the names of the primary officers or persons who render such assistance, and the cause or reason assigned for such assitance by the elector assisted.

As each enrolled voter offers the ballot which he intends to vote to the primary inspector, each primary poll-clerk shall report to the primary officers whether the number entered on the poll-book kept by him as the number on the ballot last delivered to such enrolled voter is the same as the number on the stub of the ballot so offered. As each enrolled voter votes, each primary poll-clerk shall enter the number of the ballot voted in the column of the party whose ballot is offered. Upon the close of the polls of the primary election, the primary poil-clerks and all primary officers shall compare the poll-books with the registers and correct any mistakes found therein.

Added by L. 1911, ch. 891, § 39; and amended by L. 1915, ch. 678; L. 1918, ch. 323; L. 1919, ch. 504, in effect Oct. 1, 1919.

§ 78-a. Primary poll-clerks and poll-books in cities of over one million inhabitants.

1. The provisions of this section shall apply only to primary districts within a city having over one million inhabitants.

2. In every such city each primary poll-clerk at each polling place at an official primary election shall have a poll-book for keeping the list of enrolled voters voting or offering to vote thereat at the primary election. In each. primary district of such city the poll-book shall be arranged in columns as provided in this section, and the leaves of such poll-book shall be indexed from A to Z. Columns one to eight inclusive shall be arranged upon the left

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hand pages of said book, and the remaining columns upon the right hand pages. The first column of the poll-book shall be entitled "number of voter voting at the primary," and in such column, as the name of each enrolled voter voting at such primary is recorded, shall be entered a number opposite the name, beginning with one opposite the name of the first voter voting at the primary of any party in such election district and continuing in numerical order to and including the last voter voting at such polling place. The second and third columns shall together be entitled "name of enrolled voter," with the respective sub-titles surname and "given name or names." As the enrolled voters in the respective parties present themselves to vote at such primary the surnames of such voters shall be entered in such second column in the alphabeticel order of the first letter of such names on the pages bearing the index letters of such surnames. In the third column shall be entered the christian or given name or names of such voters respectively. The fourth column shall be entitled "residence of enrolled voter," and in such column shall be entered the residence of each such voter by street and number or if it has no street number a brief description of the locality thereof. The fifth columa shall be entitled “age of enrolled voter" and in such column shall be entered the age of each such voter, if thirty years of age or under, or the fact that the voter is over thirty years of age if so stated. The sixth column shall be entitled "party of enrolled voter," and in such column shall be entered the name of the party in which each such voter is enrolled and in whose primary he is participating. The seventh column shall be entitled "signature of enrolled voter (or number of identification statement)," and above each horizontal line in said column shall be printed the words "The foregoing entries are true and correct," and in such column, below such words printed above the line on which his name is entered, each voter participating in the primary shall sign his name by his own hand and without assistance, using an indelible pencil or ink, or in default of such signature (in case only of inability to sign as hereinafter provided) shall be entered the number of such voter's identification statement. The eighth column shall be entitled "signature compared by inspector," and before the voter shall receive a primary ballot, one of the inspectors, other than the inspector who receives the primary ballots from the enrolled voters, shall compare the voter's signature then and there made in such poll-book with the same voter's signature theretofore made in the registration book on registration day, and such inspector shall then and there sign his initials in said eighth column in evidence thereof. The ninth and tenth and eleventh columns shall be grouped together under the title "number of primary ballot delivered to enrolled voter" with the respective sub-titles "first ballot," "second ballot," "third ballot," and in such column or columns, beginning with the ninth, shall be entered the number on the ballot (or successive ballots) delivered to such voters respectively. Then shall follow as many columns as there are parties holding a primary in such election district, grouped together under the title "number on primary ballot voted," and at the top of each column shall be printed the name of one of such