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for the opening of the polls, those in attendance may appoint any of the legal voters of the district present, to act as inspectors in place of the absent trustees. If none of the trustees shall be present at the time for opening the polls, the legal voters may choose three of their number to act as inspectors. § 3, ch. 248, 1878.

Ballots and ballot boxes.
SEC. 124. The trustees shall, at the expense of the dis- Ballot and

ballot trict, provide a suitable box in which the ballots shall be boxes. deposited as they are received. Such ballots shall contain the names of the persons voted for, and shall designate the office for which each one is voted. The ballots may be either written or printed or partly written and partly. printed. $ 4, ch. 248, 1878.

ecorded

Election, duties of clerks at.

SEC. 125. The district clerk, or clerk of the board of Election, education, as the case may be, shall attend the election clerks at. and record in a book to be provided for that purpose, the name of each elector as he deposits his ballot. When the polls shall have been closed, the inspector shall first count the ballots to see if they tally with the number of names recorded by the clerk. If they exceed that number, enough ballots shall be withdrawn to make them correspond. Any clerk who shall neglect or refuse to record the name of a person whose ballot is received by the inspectors shall be liable to a fine of twenty-five dol. lars, to be sued for by the supervisor of the town. If the district clerk or clerk of the board of education shall be absent, or shall be unable or shall refuse to act, the trustees, inspectors of election, or board of education shall appoint some person to act in his place. $ 5, same ch.

ots shat

shall ?

Challenges.
SEO. 126. If any person offering to vote at any such Chal-

lenges. election shall be challenged as unqualified by any legal voter, the chairman of the inspectors shall require the person so offering to vote, to make the following declaration : “I do declare and affirm that I am an actual resident of this school district, and that I am legally quali

fied to vote at this election.” And every person making such declaration shall be permitted to vote ; but if any person shall refuse to make such declaration, his ballot shall not be received by the inspectors. Any person who upon being so challenged shall willfully make a false declaration of his right to vote at such election, shall be deemed guilty of a misdemeanor and be punished by imprisonment in the county jail for not less than six months nor more than one year. Any person who shall vote at such election, not being duly qualified, shall, though not challenged, forfeit the sum of ten dollars, to be sued for by the supervisor of the town, for the benefit of the school or schools of the district. $ 6, ch. 248, 1878.

Disputes, to whom referred

Disputes, to whom referred.

Sec. 127. All disputes concerning the validity of any such election, or of any votes cast thereat, or of any of the acts of the inspectors or clerk, shall be referred to the superintendent of public instruction, whose decision in the matter shall be final. Such superintendent may, in his discretion, order a new election in any district. $ 7, same ch.

Elected, who to be declared.

Elected, who to be declared.

Sec. 128. The persons having the highest number of votes, respectively, for the several offices shall be declared elected, and the clerk shall record the declaration of the inspectors. In case two persons shall have an equal number of votes for the same office, the inspectors of election shall immediately choose one of such persons. If the inspectors cannot agree the clerk shall decide the matter. $ 8, same ch..

Annual meetings.

Annual meetings.

Sec. 129. The annual meetings in the several districts
shall be held as now provided by law, for the purpose of
transacting all business except the election of officers. $ 9,
same ch.
Cities and union free school districts, when act not appli-

cable to.
SEC. 130. This act shall not apply to cities nor to union

[blocks in formation]

not appli

free school districts, whose boundaries correspond with school dis

*tricts, those of an incorporated village, nor to any school dis- when'act trict organized under a special act of the legislature in cable to. which the time, manner and form of the election of district officers shall be different from that prescribed for the election of officers in common school districts organized under the general law, nor to any of the school districts in the counties of Richmond, Suffolk, Chenango, Westchester, Fulton and Queens, nor to union free school district number one of the towns of Potsdam and Norfolk, St. Lawrence county, nor to union school district number two in the town of Waterloo in the county of Seneca. $ 10, ch. 248, 1878, as amended by $ 2, ch. 405, 1879, and by $ 2, ch, 527, 1880.

TITLE III.

OF THE MODE OF NOTIFYING GENERAL AND SPECIAL

ELECTIONS.

ART. 1. Of the notices to be given by the secretary of State.
ART. 2. Of the notices to be given by the county and State canvassers.
ART. 3. Of the notices to be given to town officers; the forma-

tion of election districts, and the appointment of inspect.
ors of election thereof.

ARTICLE FIRST.

Of the notices to be given by the secretary of State.

[Sec. 1 of tit. 3 of ch. 130, 1842, is repealed by $ 1 of ch. 240, 1847. See & 8, ante.] Election, notice of, by secretary of State.

Sec. 131. The secretary of State shall, between the Election first days of July and September in each year, direct and by • cause to be delivered to the sheriff, or clerk or county State. judge of each county a notice, in writing, specifying all the officers (county officers excepted) specified in the first section of title second of this act (sec. 79, ante),

notice of by secre

whose term of service shall expire on the last day of December thereafter, and a like notice specifying the several officers to be chosen in such county at the next general election. § 2, tit. 3, ch. 130, 1842, as amended by $ 7, ch. 240, 1847.

Vacand notice of.

Vacancy, notice of.

Sec. 132. If any vacancy shall exist in a county, proper to be supplied at the ensuing general election, he shall in like manner, between the first day of July and the fifteenth day of October previous to such election, direct and cause to be delivered to the sheriff, clerk or county judge of such county, a notice in writing specifying the cause of such vacancy; the name of the officer in whose office it has occurred, and the time when his term of office will expire; and, if any such vacancy shall exist in a district, he shall in like manner direct and caused to be delivered to the sheriff, clerk or county judge of each county therein the like notice. § 3, tit. 3, ch. 130, 1842, as amended by $ 8, ch. 240, 1847.

Special election.

Special election.

SEC. 133. When a special election shall have been ordered by the governor in a county, the secretary of State shall forthwith cause a copy of the governor's proclamation to be delivered to the sheriff, clerk or county judge of such county; and when ordered in a district, to the sheriff, clerk or county judge of each county therein. § 4, tit. 3, ch. 130, 1842, as amended by $ 8, ch. 240, 1847...

Notico of publica

election,

tion of.

Notice of election, publication of.

SEC. 134. The secretary of State shall cause a copy of each notice issued by him, and of such proclamation of the governor, to be published in the State paper, once in each week, from the date of such notice or proclamation until the election to which it shall refer. § 5, tit.. 3, ch. 130, 1842, as amended by $ 8, ch. 240, 1847.

ARTICLE SECOND.

ection,

Of the notices to be given by the county and State can

vassers. Special election, notice of.

SEC. 135. When a special election shall be necessary, in Special, the case of an equality of votes, provided for in the second notice of. title of this chapter, the board of canvassers having power to determine on the election of the officer omitted to be chosen, shall, without delay, direct and cause to be delivered to the sheriff, clerk, or county judge of each county in the district, or of the county in which such election is to be held, a notice specifying the officer to be chosen ; the time for which he is to be chosen, and the day on which such election is to be held; which day shall not be less than twenty nor more than forty days from the date of such notice. $ 6, tit. 3, ch. 130, 1842, as amended by $ 8, ch. 240, 1847.

election,

Special election, notice of.

Sec. 136. The notice of such an election, if ordered by Special the board of State canvassers, shall be signed by the sec- notice of. retary of State, and if ordered by the county canvassers, by the chairman and clerk of the board. $ 7, tit. 3, ch. 130, 1842.

ARTICLE THIRD.
Of elections in cities and towns ; of the notices to be given

to city and town officers; the formation of election
districts, and the appointmeut of inspectors of election
thereof.

districts il

Election districts in cities.

SEC. 137. The several cities of this State shall be divided Election by the common council of the said cities respectively, into cities. convenient election districts for the holding of all general and special elections, and all elections of the officers of such cities who are elective by the people. $ 8, tit. 3, ch. 130, 1842.

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