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SEC. 339. If any of the acts or proceedings of the board Protests. shall appear to any one of the canvassers to be illegal or irregular, such canvasser shall protest against the same in writing, setting forth distinctly the grounds of his protest. $ 35, tit. 5, ch. 130, 1842.

Protests, how filed.
SEC. 340. The canvasser so dissenting or protesting Protests,

how filed. shall deliver his dissent or protest, signed with his proper name, to the secretary of State, who shall file the same in his office. $ 36, same tit.


Sec. 341. The board shall have power to adjourn from Adjournday to day, for a term not exceeding five days. $ 37, same tit.



Of the subsequent duties of the secretary of State.

to record

ings of

Secretary to record proceedings of State canvassers.

Sec. 342. He shall record in his office, in a book to be Secretary kept by him for that purpose, each certified statement and proceeddetermination which shall be delivered to him by the board State canof State canvassers, and every dissent or protest that shall have been delivered to him by a canvasser. $ 38, tit. 5, ch. 130, 1842.


mit copy

To transmit copy to each person elected.

SEC. 343. He shall, without delay, transmit a copy, To transunder the seal of his office, of such certified determination toile to each person thereby declared to be elected, and a like elected. copy to the governor. $ 39, same tit.


To publish copy.

SEC. 344. He shall cause a copy of such certified state- To publish ments and determinations to be printed in the State paper, copy. and in no other paper whatever, at the public expense. $ 40, tit. 5, ch. 130, 1842, as amended by $ 21, ch. 240, 1847, and by ch. 287, 1876.

General certificate of election of members of

General certificate of election of members of congress. Generall SEC. 345. He shall prepare a general certificate under of election the seal of this State, and attested by him as secretary bers of thereof, addressed to the house of representatives of the

United States, in that congress for which any person shall have been chosen, of the due election of the persons so chosen at each election, as representatives of this State in congress; and shall transmit the same to the said house of representatives, at their first meeting. $ 41, tit. 5, ch. 130, 1842.

Of members to supply vacancies. of mem- SEC. 346. If either of the persons so chosen at such

election shall have been elected to supply a vacancy in
the office of representative in congress, it shall be men-
tioned by the secretary in the statements and certificates
to be prepared by him. $ 42, same tit.
To record names of county officers elected.

Sec. 347. The secretary of State shall enter in a book, ety of to be kept in his office, the names of the respective county

officers elected in this State, specifying the counties for which they were severally elected and their place of residence, the office to which they were respectively elected, and their term of office. $ 43, same tit.

bers to supply vacancies.

To record names of county offices elected.




ART. 1.-Of the election of representatives in congress.
ART. 2.-Of the election of electors of president and vice-president.
Art. 3.—Of the formation and proceedings of the college of electors.
ART. 4.--Of the election of senators in congress.

Of the election of representatives in congress.
Members of congress, how to be elected ; vacancies.

SEC. 348. The house of representatives shall be com

Members of con

to be elect

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posed of members chosen every second year by the- gress, how people of the several States, and the electors in each State ed, vacanshall have the qualifications requisite for electors of the most numerous branch of the State legislature. Subd. 1, § 2, art. 1, U. S. Constitution. When vacancies happen in the representation from any State, the executive authority thereof shall issne writs of election to fill such vacancies. Subd. 4, § 2, art. 1, U. S. Constitution. Time, place and manner of holding elections for, to be prescribed by Stato legislature.

Sec. 349. The tiines, places and manner of holding Time, elections for senators and representatives shall be pre-manner of scribed in each State by the legislature thereof, but the elections

for, to be congress may at any time by law make or alter such reg- prescribed ulations, except as to the places of choosing senators. legislature. Subd. 1, § 4, art. 1, U. S. Constitution.


by State


tions pre


Time of holding such elections prescribed by congress.

SEC. 350. The Tuesday next after the first Monday in Time of November in the year eighteen hundred and seventy- such elecsix is established as the day in each of the States and scribed by Territories of the United States, for the election of representatives and delegates to the forty-fifth congress, and the Tuesday next after the first Monday in November in every second year thereafter is established as the day for the election in each of said States and Territories, of representatives and delegates to the congress commencing on the fourth day of March next thereafter. $ 25, U. S. R. S., 2d ed.

Time when vacancies in office occur.

Sec. 351. The time for holding any State, Time district or Territory for representative or delegate to fill cancies in a vacancy, whether such vacancy is caused by a failure occur. to elect at the time prescribed by law, or by the death, resignation or incapacity of a person elected, may be prescribed by the laws of the several States and Territories, respectively. § 26, id. Votes for members of congress to be by written or printed ballot. SEC, 352. All votes for representatives in congress Votes for



gress to be

or printed ballot.

of con must be by written or printed ballot, and all votes reby written ceived or recorded contrary to this section shall be of

no effect. But this section shall not apply to any State
voting otherwise whose election for representatives occurs
previous to the regular meeting of its legislature next
after the twenty-eighth day of February, eighteen hun-
dred and seventy-one. $ 27, U. S. R. S., 2d ed.
Penalty for any State abridging any citizen's right to

vote for members of congress. Penalty Sec. 353. Should any State deny or abridge the right State cine of any of the male inhabitants thereof being twenty-one any, citind years of age, and citizens of the United States, to vote to vote for at any election named in the amendment to the constitu

tion, article fourteen, section two, except for participation in the rebellion or other crime, the number of representatives apportioned to such State shall be reduced in the proportion which the number of such male citizens shall have to the whole number of male citizens twentyone years of age in such State. $ 22, U. S. R. S., 2d ed.

for any State abridging

members of congress.

Congressional dis

to be com posed.

Congressional districts ; how to be composed.

SEC. 354. In each State entitled under this apportiontricts; how ment to more than one representative, the number to which

such State may be entitled in the forty-third and each subsequent congress shall be elected by districts composed of contiguous territory, and containing as nearly as practitiable an equal number of inhabitants, and equal in number to the number of representatives to which such State may be entitled in congress. No one district electing more than one representative; but in the election of representatives to the forty-third congress in any State to which an increased number of representatives is given by this apportionment, the additional representative or representatives may be elected by the State at large, and the other representatives by the districts as now prescribed by law, unless the legislature of the State shall otherwise provide before the time fixed by law for the election of representatives therein. $ 23, id.

Congressional districts in State of New York. Congress- SEC. 355. For the election of representatives in con

State of

gress of the United States, this State shall be and is tricts in hereby divided into thirty-three districts, namely: New York.

First district.—The counties of Suffolk, Queens and Richmond shall compose the first district.

Second district. — The first, second, fifth, sixth, eighth, tenth, twelfth and twenty-second wards of the city of Brooklyn [as such wards existed June 18, 1873, when chapter 798 of 1873 was passed, dividing the State into congressional districts] shall compose the second district. [On the 28th June, 1873, a law was passed (ch. 863, 1873) increasing the number and changing the wards of the city of Brooklyn.]

Third district.—The third, fourth, seventh, eleventh, thirteenth, nineteenth and twentieth wards of the city of Brooklyn, and the twenty-first ward of said city, as bounded by section two of chapter eight hundred and fourteen of the laws of eighteen hundred and sixty. eight, shall compose the third district.

Fourth district.—The ninth ward of the city of Brooklyn, as bounded by section one of chapter eight hundred and fourteen of the laws of eighteen hundred and sixtyeight, the fourteenth, fifteenth, sixteenth, seventeenth and eighteenth wards of said city; and the towns of Flatbush, Flatlands, Gravesend, New Lots and New Utrecht, in the county of Kings, shall compose the fourth district.

Fifth district. The first, second, third, fourth, fifth, sixth, eighth and fourteenth wards of the city of New York, Bedloe's island. Ellis' island and Governor's island shall compose the fifth district.

Sixth district.— The seventh, eleventh and thirteenth wards of said city shall compose the sixth district.

Seventh district. --The tenth and seventeenth wards of said city shall compose the seventh district.

Eighth district.— The ninth, fifteenth and sixteenth wards, and that portion of the eighteenth ward lying within Fourteenth street, Twenty-sixth street, and Fourth and Sixth avenues, shall compose the eighth district.

Ninth district.— So much of the twentieth ward as lies

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