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Pollclerks,

unobstructed, to prevent and suppress riots, tumult, violence, disorder and all improper practices tending to the intimidation or obstruction of voters, the disturbance or interruption of the work of registration, revision of registration or voting, or the canvass, estimate or return of votes, and to protect the voters, challengers and persons designated to watch the canvass of any ballots from intimidation or violence, and the registers, poll-book, boxes and ballots from violence and fraud, and to appoint or deputize, if necessary, one or more electors, to communicate their orders and directions, and to assist in the enforcement thereof. § 10, ch. 575, 1872, as amended by § 8, ch. 365, 1873, and by § 7, ch. 633, 1874. The above section, as to compensation and exemption from jury duty, etc., is modified by § 6, ch. 528, 1880. (See sec. 552, post.)

Poll-clerks, duties of.

SEC. 538. The clerks of each poll shall enter upon the duties of. poll-lists kept by them in columns prepared for that purpose, first, the residence, number and street of the person voting; second, the name of each person voting; third, his age; fourth, the number of ballots voted, and for what office the same are voted, in the columns appropriately designated for that purpose, and as many additional columns as there are boxes kept at the election. § 11, ch. 575, 1872, as amended by § 8, ch. 633, 1874.

Inspectors to deliver

Inspectors to deliver boxes sealed to canvassers.

SEC. 539. Upon the closing of the polls and immediboxes ately thereafter, the board of inspectors shall securely canvassers. seal the several ballot boxes, and each of them, and de

sealed to

Board of canvassers to meet

and organize.

liver the same, together with the poll-lists and register of electors, to the board of canvassers. § 12, ch. 575, 1872.

Board of canvassers to meet and organize. Canvass, how conducted, and ballots, how to be disposed of.

SEC, 540. At least fifteen minutes before the closing of the poll the board of canvassers shall meet and organize by Can- electing one of their members chairman; they shall then conduct receive the key of the ballot-boxes from the police; and lots, how it shall be their duty, in each election district, to attend

vass, how

ed and bal

posed of.

at the place of holding the poll at the closing thereof; to be disthey shall receive from the board of inspectors of election the said ballot-boxes, poll-lists, and register of electors, and as soon as the poll of an election shall have been finally closed, shall canvass and count the votes. Such canvass shall be public, and shall not be adjourned or postponed, until it shall have been fully completed; and such canvass shall be commenced, conducted and completed, and the result stated, in the manner now provided by law. The ballots, immediately after the same shall be canvassed and counted, shall be placed again by the canvassers in the ballot-boxes from which they were respectively taken, excepting such as are attached to the returns of the election; and the canvassers shall place in the ballot-boxes with the ballots a certificate stating the number of votes cast and the number of votes by them attached to the returns of the said election; and each ballotbox, after the tickets shall be so replaced, shall be securely sealed up by the canvassers; and they shall then be deposited by them in the department of police, and shall there be kept undisturbed and inviolate until they are needed at the next election, unless required as evidence in any court of record. No ballot, properly indorsed, found in a box 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 the ballots deposited in the box, as shown by the poll-lists. If a greater number of ballots shall be found in a box than is required by the correspondent columns of the poll-lists, all the ballots shall be replaced in the box, and one of the said canvassers, 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; but if two or more ballots are so folded together as to present the appearance of a single ballot, they shall be destroyed if the whole number of ballots exceed the whole number of votes deposited in the box in which such tickets are found as

Canvassers to make returns.

Returns to be filed.

shown by the poll-lists kept by the poll-clerks. § 13, ch. 575, 1872, as amended by § 9, ch. 633, 1874.

Canvassers to make returns. Returns to be filed. Polllists to be filed.

SEC. 541. Upon the completion of the canvass, the canvassers shall make returns in triplicate, and shall, within Poll-lists twenty-four hours, deposit them as follows, under a pento be filed. alty of fifty dollars, to be recovered as provided in the sixteenth section of this act as amended [that is "to be sued for and recovered by said Board (of elections)" in any court of record in the name of the city of Brooklyn for the use and benefit of the city treasury. Part of sec. 16, ch. 575, 1872, as amended by sec. 11, ch. 365, 1873]. One copy shall be deposited with the board of elections, and one with the county clerk. The remaining copy shall be deposited with the police department, by whom it shall be at once opened and its contents publicly announced on a bulletin board. It shall also, under proper regulations for its safe-keeping, be opened to the inspection of any candidate. Poll-clerks in the several election districts of the city of Brooklyn shall file with the city clerk, county clerk and police board, within twenty-four hours after the completion of the canvass, a copy of their original tallies from which the canvass is made up of the votes cast and counted at the election, signed with their respective names, and indorsed with the number of the election district and ward. The poll-lists shall within the same time be filed, one with the board of elections, and with the county clerk. Canvassers shall sign each page of each return and shall seal the returns before filing them. § 14, ch. 575, 1872, as amended by § 9, ch. 365, 1873, and by § 10, ch. 633, 1874.

Registers, inspectors,

The following sections 542-544 supersede and take the place of sections 15, 16 and 17 of ch. 575, 1872, as said last sections have been subsequently amended, and also supersede and take the place of § 12, ch. 633, 1874.

Registers, inspectors, canvassers, and poll-clerks to take oath. Vacancies.

SEC. 542. Each person who shall be appointed as regis

ers, and

to take

cancies.

Va

ter, poll-clerk, inspector or canvasser of elections in pur- canvasssuance of the provisions of this act shall, before entering poll-clerks upon the discharge of his duties, take the oath now pre- oath. scribed by law for inspectors and canvassers of elections before a member of the board of elections or one of their clerks who are hereby authorized to administer such oaths, and the said registers shall file the same with the said board on or before the third Monday of September, and the said poll-clerks, inspectors and canvassers shall file the same with said board on or before the third Monday of October preceding the day of the general election, except in cases of appointments made to fill vacancies, and in such cases the persons so appointed shall take such oaths and file the same in the office of the said board within twenty-four hours after receiving notice of his appointment; and such appointment shall be from the same political party as the person in whose place he was appointed. In case any vacancy occurs among the regis ters, inspectors, canvassers or poll clerks, after the opening of the poll on the day of election, it shall be filled by the remaining registers, inspectors, poll-clerks and canvassers of the same political faith. 87, ch. 528, 1880.

refusal to

duties.

Neglect or refusal to perform duties. Penalty. SEC. 543. Every person appointed as register, poll- Neglect or clerk, canvasser or inspector of elections, failing to take perform and file the oath of office hereinbefore provided for, or Penalty. who shall willfully neglect or refuse to discharge the du ties of such register and inspector or canvasser, shall, unless excused by the board of elections, be liable to a penalty of one hundred dollars, to be sued for and recovered by said board, in any court of record, in the name of the city of Brooklyn, for the use and benefit of the city treasury; and any register, inspector, canvasser or poll-clerk, who, being removed for any cause, shall fail, upon demand, to deliver over to his successor the registry list, or any tally sheet, book, paper memorandum or document relating to the election, so far as he has made it, shall be liable to a like penalty of one hundred dollars, to be recovered in the same manner. § 8, same ch.

Willful

absence

a misde

meanor.

Willful absence from duty a misdemeanor.

SEC. 544. Any register, inspector or canvasser of elecfrom duty tions or poll-clerk, who shall willfully absent himself from his duties, shall be guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment in the county jail for not less than thirty days, and not to exceed sixty days; and any person knowingly acting as register, inspector, poll-clerk or canvasser of election, without the qualifications herein prescribed, shall, on conviction thereof, be deemed guilty of a misdemeanor, and shall be punished in like manner. § 9, ch. 528, 1880. Penalty for making willful false statement.

Penalty for making willful

false statement.

Penalty for registering name of

person not

be registered.

SEC. 545. Any person who shall willfully make any false statement to any board of registers and inspectors, as provided in the fourth section of this act (§ 527, ante), shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished by imprisonment in the county jail, for not less than thirty days, and not to exceed three months. § 18, ch. 575, 1872.

Penalty for registering name of person not entitled to be registered.

SEC. 546. Any register and inspector who shall register the name of any person, knowing him not to be entientitled to tled to be so registered, or any person who shall cause his name to be registered in more than one election district, or who shall cause his name to be registered, knowing that he is not a qualified voter in the district where said registry is made, or who shall falsely personate any registered voter, or register or attempt to register, or vote or offer to vote under a false name, shall, upon conviction, be imprisoned in the State prison for not less than one. year, nor more than two years. §19, ch. 575, 1872, as amended by § 13, ch. 365, 1873.

Boundaries

of election districts

and polling places

Boundaries of election districts and polling-places to be published. No liquors to be sold in a registry or polling-place.

SEC. 547. The board of elections of the city of Brooklyn shall, on the third Monday of September in each and to be pub- every year, designate and afterward publish, in at least lished. No three newspapers published in said city, on the days of

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