canvass of ballot registered

not voting to be marked

register and num

county of New York, it shall be the duty of the inspect- before ors of election to immediately after the close of the polls on the day of any election, before proceeding with the persons, canvass of the ballots in any box, and while the pollclerks are canvassing [comparing] their books, to write "no" on in ink opposite to and against the name of each person ber of perentered in their registers, who is not shown by said reg-ing to be isters to have voted, and in the column headed" Voted " ascertainthe word "No," so that the said column may be wholly each poll filled up and the said inspectors shall then compare the voice.

said registers, make them agree, and ascertain the number of persons who by them are shown to have voted at that poll that day, and when they have made comparison and ascertained such fact, the chairman of the board of inspectors, or in his absence, the inspector acting as such, shall announce the same in a loud voice. § 44, ch. 675, 1872.

Poll-lists to be prepared and kept in ink. What to con tain.

sons vot

ed and pro

claimed at

in a loud

to be pre

kept in

to contain.

SEC. 474. The poll-clerk at each poll in the city and Poll-lists county of New York shall keep in ink a poll-list in books pared and to be prepared and furnished for that purpose, and shall ink. What contain a column headed "Residence," a column headed "Name of Voter," and as many additional columns as there are boxes kept at the election. The headings of the additional columns shall correspond respectively with the names and numbers of the boxes so kept. § 45, same ch.

Poll-books, form of.

SEC. 475. The poll-books referred to in the preceding Poll section shall be in form as follows:

books, form of.

At close of poll in

proceed to

canvass

votes.

be public

out ad

until all

are made

ed.

The residence of each elector voting shall be entered by each poll-clerk in the column of his poll-list headed "Residence," and the name of each such elector in the column headed "Name of Voter," and opposite the residence and name of any such elector in each additional column provided for in the preceding section, and corresponding in its heading with the name and number of a box in which a ballot of the elector shall have been deposited, shall be written a check or mark similar to the letter V, and in each such additional column corresponding in its heading with the name and number of box in which no ballot of the elector shall have been deposited, shall be written the word "No." In the column of "Remarks," opposite the name of each person challenged, shall be noted the oath or oaths offered and taken by any such person. § 46, ch. 675, 1872.

At close of poll inspectors to proceed to canvass votes. Canvass to be public and without adjournment until all statements are made and signed.

SEC. 476. As soon as the poll of an election shall have spectors to been finally closed, the inspectors of election, in their several election districts, shall immediately, and at the Canvass to place of the poll, proceed to canvass the votes. Such and with- canvass shall be public, and shall not be adjourned or postjournment poned until it shall have been fully completed, and the statements several statements hereinafter required to be made by the and sign inspectors shall have been made out and signed by them. No vote shall be received, nor shall any ballot be counted or canvassed, nor shall any statement of votes, announcement, or proclamation, in this act required, be made at any time when the main entrance to the room in which the election is held shall be closed in such a manner as to prevent ingress and egress, but the said inspectors may station one or more officers at such entrance to exclude disorderly persons; nor shall any such duties be performed unless at least six persons, if so many claim that privilege, are allowed to be present and so near that they can see whether the duties of the said inspectors are faithfully performed.

Each candidate, for any office to be filled at the election,

may, by a certificate in writing signed by him, designate one person for each election district in which he is a candidate, to be present at the canvass of the ballots containing the names of the persons designated for that office. The inspectors of election and the police or other officers attending at such election district specified in said certificate, shall make a passage for such person to the said inspectors, and the said inspectors shall permit him to be present at the canvass of all the ballots in the box containing the ballots for the office specified in the said certificate, and so near to them that he can see that such canvass and the statement required of the votes found in each box are correctly made. And no inspector of election, or board of inspectors, or police or other officer, shall allow such person to be molested or removed during the canvass of such ballots, or until such statement has been made, completed, and signed, unless he shall be personally guilty of fraudulent or disorderly conduct. $47, ch. 675, 1872.

How canvass shall commence, when poll lists are made to agree, the result must be publicly announced in a loud voice.

vass shall

mence,

lists are

agrees made to

agree, the

SEC. 477. The canvass shall commence by comparison How canof the poll-lists, from the commencement, and a correc- comtion of any mistakes that may be found therein, and such when pollcomparison shall be continued until the poll-list as to the number of ballots deposited in each box; they have been made to agree, one of the inspectors publicly announce, in a loud voice, the number of ballots ed in a deposited in each box as shown by the poll-list. § 48, same ch.

Boxes to be then opened and canvassed; order of.

when result

must be

shall publicly

announc

loud voice.

be then

and can

SEC. 478. The boxes shall then be opened, and the bal- Boxes to lots therein canvassed, in the order prescribed in this sec- opened tion, and the canvass of the ballots found in one box vassed; shall be completed before another box is opened. boxes shall be canvassed in the following order:

The

order of.

First duty

on opening

case two or

more ballots are folded together.

First duty on opening boxes. In case two or more ballots are folded together.

SEC. 479. When a box is opened, the ballots contained boxes. In therein shall be taken out and counted unopened, except so far as to ascertain that each ballot is single. If two or more ballots shall be found so folded together as to present the appearance of a single ballot, they shall be destroyed, if the whole number of ballots exceeds the whole number of votes, as shown by the poll-lists, and not otherwise. § 50, same ch.

Ballots found in

box, how treated.

Ballots found in the wrong box, how treated.

SEC. 480. No ballot properly indorsed, found in a box the wrong different from that designated by its indorsement, shall be rejected, but shall be counted in the same manner as if found in the box designated by such indorsement, provided that the counting of such ballot or ballots shall not produce an excess over the number of ballots deposited in the box, as shown by the poll-lists. § 51, same ch.

Proceedings in

case of

excess in

number of

g

Proceedings in case of excess in number of ballots.

SEC. 481. If a greater number of ballots shall be found. in a box than is required by the correspondent columns ballots. of the poll-lists, all the ballots shall be replace i in the box, and one of the said inspectors to be designated by the board shall, without seeing the same, and with his back to the box, publicly draw out and destroy as many ballots unopened as shall be equal to such excess. § 52, same ch.

Process of canvassing. Ballots to be opened and separated.

SEC. 482. The board shall then proceed to canvass and estimate the votes in the following manner: The said inspectors shall open the ballots, and place those which contain the same names together, so that the several kinds shall be in separate piles or on separate files. One

manner.

of the said inspectors shall then take the kind of ballots which appears to be the greatest in number and count them by tens, carefully examining each name on each of said ballots. Such inspector shall then pass the ten ballots to the inspector sitting next to him, who shall count them in the same manner, and he shall then pass them to the third inspector, who shall also count them in the same The third inspector shall then call the names of the persons named in the ballots, and the offices for which they are designated, and the poll-clerks shall tally the votes for each of such persons. The fourth inspector shall watch the proceedings of the other inspectors, and the poll-clerks, and at his option may perform the same duties in respect to the canvass as are prescribed for the third inspector, or in case of the absence of a poll-clerk, may perform his duties.

When the counting of each kind of ballots shall be completed, the poll-clerks shall compare their tallies together and ascertain the total number of ballots of that kind so canvassed, and when they agree upon the number, one of them shall announce it in a loud voice, to the inspectors.

The kind of ballots which appears to be next greatest in number, and afterward each of the other kind of ballots in succession, shall then be canvassed in the same. manner. The ballots containing names partly from one kind of ballots and partly from another, being those usually called "split tickets," and those from which the name of a person proper to be voted for on such ballots has been omitted or erased, usually called "scratched tickets," shall then be canvassed separately by one of the inspectors sitting between two of the other inspectors, which inspector shall call each name to the poll-clerks, and the office for which it is designated, the other inspectors looking at the ballot at the same time, and the pollclerks making note of the same. When all the ballots found in the box have been canvassed in this manner, the poll-clerks shall compare their tallies together and ascertain the total number of votes received by each candidate, and when they agree upon the numbers, one of