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ART. 3.—Of the duties of the secretary of State, previous to the

meeting of the State canvassers. Art. 4.–Of the formation and proceedings of the board of State

canvassers. ART. 5.–Of the subsequent duties of the secretary of State.

ARTICLE FIRST.
Of the board of county canvassers and their pro-

ceedings..

County canvassers, how composed.

SEC. 299. The supervisors or assessors to whom the County original statements of the canvass of votes in the towns ea or wards, to which they respectively belong, shall have edo been delivered, shall form the county board of canvassers. § 1, tit. 5, ch. 130, 1842.

canvassers, how compos

when to

Where and when to meet.

Sec. 300. They shall meet at the office of the clerk of Where and the county on the Tuesday next following the election, meet. before one o'clock in the afternoon of that day, and shall chcose one of their number as chairman. § 2, same tit.; see the following $ 301.

county

where and

meet.

Board of county canvassers, where and when to meet.

Sec. 301. The second section of article one of fifth Board of title of chapter six of part first of the Revised Statutes canvassers, is hereby amended so as to read as follows: They shall when to meet at the office of the county clerk on the Tuesday next following the election, before one o'clock in the afternoon of that day, in all the counties of this State, except the county of Hamilton, which shall meet on the first Friday next following said election, and shall choose one of their number as chairman. § 1, ch. 331, 1844, entitled “ An act to amend an act for the partial organization of the county of Hamilton, and for other purposes, passed April 22, 1837.Passed May 7, 1844. Duty of canvassers of Hamilton county.

Sec. 302. It shall be the duty of the board of canvass- Duty of ers in the county of Hamilton to canvass all votes given of Hamil

canvassers

ton county

in said county in the same manner as though the said county was fully organized; and the said board of canvassers shall, after they have thus canvassed, transmit to the county clerk of the county of Fulton a statement and certificate of all the votes for the office of governor, lieutenant-governor, senators, representatives in congress, and electors and members of assembly, or either of them, under their signatures, and to be certified by the county clerk, with his seal of office, and which shall be sent to the county clerk's office in the county of Fulton, on or before the first Tuesday next following such election, by some person to be designated and appointed by the board of canvassers of the county of Hamilton. $ 2, ch. 331, 1844.

Duty of clerk and

Duty of clerk and canvassers of Fulton county. Duty of SEC. 303. It shall be the duty of the county clerk and canvassers the board of canvassers of the county of Fulton to

receive and canvass the votes thus transmitted to them, in the same manner as though each town in the county of Hamilton had sent its canvassers with the canvass. $ 3, same ch.

of Fulton county.

Secretary of board.

Secretary of board.

SEC. 304. The clerk of the county, or in his absence his deputy, shall be secretary of the board. $ 3, tit. 5, ch. 130, 1842.

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Oath.

SEC. 305. The chairman shall then administer the constitutional oath to each member of the board, and the same oath shall be administered to him by the secretary. § 4, same tit.

Quorum.

Quorum.

SEC. 306. The major part of the supervisors or assessors to whom the original statements of the canvass in the several districts in their towns or wards shall have been delivered, shall be a sufficient number to constitute a board. § 5, same tit.

make an estimate and state

Board to make an estimate and statement of votes.

SEC. 307. The original statements of the canvass in Board to each district shall then be produced, and from them the estimate board shall proceed to estimate the votes of the county, ment of and shall inake such statement thereof as the nature of the election shall require; such statements shall then be delivered to and deposited with the county clerk. $ 6, tit. 5, ch. 130, 1842.

votes.

statements

the num

votes for

to be made.

Separate statements containing the number of votes for

cach office to be made.

SEC. 308. They shall make a separate statement contain- Separate ing the whole number of votes given in such county for the containing office of governor, lietuenant-governor, [chief and associ- ber of ate] judges of the court of appeals, justice of the supreme each office court, secretary of State, comptroller, treasurer, attorneygeneral, State engineer and surveyor, senator in each district, and representative in congress in each district, or any or either of them; the names of the persons for whom such votes were given, and the number of votes given for each; another of the votes given for all county officers, any or either of them; another of the votes given for member of assembly, in each assembly district; and another of the votes for electors of president and vicepresident; and another of the votes given for any proposed amendment to the constitution. § 7, tit. 5, ch. 130, 1842, as amended by $ 14, ch. 240 of 1847, and modified by SS 3, 4, art. 5, and 2, art. 6, State constitution. See $ 102, ante, as to the election of school commissioners.

votes and

Number of votes and names written at length.

SEC. 309. In such statements the whole number of Number of votes given in each town and district, the names of the names candidates, and the number of votes given to each, shall length. be written out in words at full length. $ 8, tit. 5, ch. 130, 1842.

written at

Statements; how to be certified.

Sec. 310. Each statement shall be certified as correct, Stateand attested by the signatures of the chairman and sec- how to be retary of the board ; and a copy of each, thus certified

certified.

and attested, shall be delivered to the county clerk, to be recorded in his office. $ 9, tit. 5, ch. 130, 1842.

Board of canvassers to determine who are elected members of assem bly and county oficers

Board of canvassers to determine who are elected mem

bers of assembly and county officers. 6 SEC. 311. Upon the statement of votes given for memobers of assembly and county officers, the board shall - proceed to determine what person or persons have, by " the greatest number of votes, been duly elected to each

of the offices mentioned in each statement. $ 10, same tit.

published

Copy to be published. Copy to be Sec. 312. The board shall cause a copy of every such

determination, and of the statement upon which it shall be made, to be published in one or more of the newspapers printed in the county. § 11, same tit. See section 7 (sub. 3), of ch. 482, 1875, as to selection of newspapers by supervisors to publish official canvass. $ 147, ante.

ing in case supervisors or assessors cannot attend at board.

Proceeding in case supervisors or assessors cannot attend

at board. Proceed.co Sec. 313. If any one of the supervisors or assessors visa appointed to attend the county canvass shall be unable

to attend the meeting of the board on the day appointed for such meeting, he shall, on or before that day, cause to be delivered at the office of the county clerk the original statement of the votes of his town or ward. § 12, same tit.

Duty of those who attend.

Duty of those who attend.

Sec. 314. If, on that day, a majority of the county canvassers shall not attend, or the statements of the votes from every district in the county shall not be produced, the canvassers then present shall adjourn to some convenient hour of the next day. § 13, same tit. Duty of those who attend on an adjourned day.

Sec. 315. At that hour they shall again meet, and the attend on canvassers then attending, although less than a majority

of the whole, shall organize themselves as a board, and upon the statements or certified copies thereof, then produced, shall proceed to estimate, state and certify the

Duts of those who

adjourned day.

votes of the county, in the manner before directed. $ 14, tit. 5, ch. 130, 1842.

ments con

may be re

Statements containing omissions, etc., may be returned to be corrected.

Sec. 316. If, upon proceeding to canvass the votes, it stateshall clearly appear to the canvassers that in any state- taining ment produced to them, certain matters are omitted in sion, etc.. such statement, which should have been inserted, or that turned to any mistakes which are clerical merely exist, they shall ed. cause the said statement to be sent by one of their number (who they shall depute for that purpose), to the town or ward inspectors, and town or ward canvassers of the town or ward from whom they were received, to have the same corrected; and the said canvasser so deputed shall immediately proceed and give notice to the said town or ward inspectors and canvassers, whose duty it shall be forth with to assemble together and make such correction as the facts of the case require; but such town or ward inspectors and canvassers shall not at such meeting change or alter any decision before made by them, but shall only cause their canvass to be correctly stated; and the board of county canvassers are authorized to adjourn from day to day, for the purpose of obtaining and receiving such statement, such adjourment not to extend beyond three days. $ 15, same tit.

county

may be

by supreme

correct er

termina

Board of county canvassers may be compelled by supreme

court to correct errors in determination.

Sec. 317. Whenever it shall appear by affidavit that Board of errors have occurred in the determination of the board canvassers of county canvassers in any county in this State, the compelled supreme court may, by order, require said bo ard to cor-court to rect such errors, or show cause why such correction rors in deshould not be made, and in the event of the failure of tion. said board to make such correction, or show cause as aforesaid, the said court may compel said board by writ of mandamus to correct such errors; and if such board of county canvassers shall have made its determination and dissolved, such court may compel it to reconven e for the purpose of making such corrections. For the purpose of making such corrections as the court shall order, the

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