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tenantgovernor, who eligible as.

and lieutenantgovernor, election of.

and for the same term. The governor and lieutenantgovernor elected next preceding the time when this section shall take effect shall hold office during the term for which they were elected. § 1, art. 4, State Constitution, as amended in 1874.

Governor and lieutenant-governor, who eligible as. Governor Sec. 71. No person shall be eligible to the office of

governor or lieutenant-governor, except a citizen of the United States of the age of not less than thirty years, and who shall have been five years next preceding his election a resident of this State. § 2, art. 4, State Constitution, as amended in 1874.

Governor and lieutenant-governor, election of. Governor SEC. 72. The governor and lieutenant-governor shall

be elected at the times and places of choosing members of the assembly. The persons respectively having the highest number of votes for governor and lieutenantgovernor shall be elected ; but in case two or more shall have an equal and the highest number of votes for governor, or for lieutenant-governer, the two houses of the legislature, at its next annual session, shall, forthwith, by joint ballot, choose one of the said persons so having an equal and the highest number of votes for governor. or lieutenant-governor. $ 3, art. 4, State Constitution. Secretary of State, comptroller, treasurer and attorney

general, election of. Secretary

SEC. 73. The secretary of State, comptroller, treasurer, comptrol- and attorney-general shall be chosen at a general election, ler, treasurer and and shall hold their offices for two years. Each of the

officers in this article named except the speaker of the assembly shall, at stated times during his continuance in office, receive for his services a compensation, which shall not be increased or diminished during the term for which be shall have been elected ; nor shall he receive, to his use, any fees or perquisites of office, or other compensation. § 1, art. 5, State Constitution.

attorneygeneral, election of.

State engineer and surveyor, who eligible, and election

of. State en SEC. 74. A State engineer and surveyor shall be chosen gineer and

election

officers, how and when to

term of

movals.

at a general election, and shall hold his office for two surveyor,

who eligiyears, but no person shall be elected to said office who is ble, and not a practical engineer. $ 2, art. 5, State Constitution. of. County officers, how and when to be chosen, term of of

fice, removals. - SEC. 75. Sheriffs, clerks of counties, including the County register and clerks of the city and county of New York, howeana coroners and district attorneys, shall be chosen by the be chosen, electors of the respective counties, once in every three office, reyears and as often as vacancies shall happen. Sheriffs shall hold no other office, and be ineligible for the next three years after the termination of their offices. They may be required by law to renew their security, from time to time; and in default of giving such new security, their offices shall be deemed vacant. But the county shall never be made responsible for the acts of the sheriff. The governor may remove any officer, in this section mentioned, within the term for which he shall have been elected; giving to such officer a copy of the charges against him, and an opportunity of being heard in his defense. § 1, art. 10, State Constitution. County, town and city officers, whose election is not provided for.

SEC. 76. All county officers, whose election or appoint- Countyna ment is not provided for by this constitution, shall be elected by the electors of the respective counties or ap- lection is pointed by the boards of supervisors, or other county videa for. authorities, as the legislature shall direct. All city, town and village officers, whose election or appointment is not provided for by this constitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the legislature shall designate for that purpose. All other officers whose election or appointment is not provided for by this constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people, or appointed, as the legislature may direct. $ 2, art. 10, State Constitution.

city officers, whose

not pro

Election to be presribed by law.

Seo. 77. The time of electing all officers named in E

Election to be pre

$ 4, art. 10,

law.

scribed by this article shall be prescribed by law.

State Constitution.

Vacancies. Vacancies. SEC. 78. The legislature shall provide for filling va

cancies in office, and in case of elective officers, no person appointed to fill a vacancy shall hold his office by virtue of such appointment longer than the commencement of the political year next succeeding the first annual election after the happening of the vacancy. § 5, art. 10, State Constitution.

elections, what are.

General elections, what are.
General Sec. 79. General elections are such as are held at the

same time in every county, for the election of all or some .
of the following officers, namely: governor, lieutenant-
governor, chief and associate judges of the court of ap-
peals, justices of the supreme court, secretary of State,
comptroller, State treasurer, attorney-general, State
engineer and surveyor, district attorneys, county judge,
senators, members of assembly, sheriffs, clerks of coun-
ties, coroners, representatives in congress, and electors
of president and vice-president. § 1, tit. 2, ch. 130, 1842,
as amended by $ 3, ch. 240, 1847, and as modified by
$$ 3 and 4, art. 5, and $ 2, art. 6, State Constitution.
Register and county clerk of New York.

- Sec. 80. The register and clerk of the city and county er borki of New York shall also be chosen at a general election.

$ 2, tit. 2, ch. 130, 1842.

Register and county clerk of New York.

County treasurers, election of

of office.

County treasurers, election of, and terms of office.

Sec. 81. The county treasurers in each of the several aleatienos counties of this State shall be elected at a general elec

tion, and shall hold his office for three years, and except in the county of Kings, shall enter upon the duties of his office on the first day of January next after his election. § 1, ch. 136, 1848, as amended by ch. 360, 1849. Special elections.

SEC. 82. Special elections are such as are held only in a particular district or county, at a time when no general

Special elections.

election is held, for the choice of one or more of the officers proper to be chosen at a general election. $ 3, tit.2, ch. 130, 1842.

election,

held.

General election, when to be held.

SEC. 83. General elections shall be held on the Tues- General day succeeding the first Monday of November, in every when to be year; special elections at the times and places of which legal notice shall have been given; but no special election shall be held within forty days previously to a general election. $ 4, same tit.

Election one day.

Sec. 84. General and special elections shall be held for Election one day only. § 5, same tit.

one day.

elections, when and for what

to be held.

Special elections, when and for what purposes to be held.

SEC. 85. Special elections shall be held in the follow- Special ing cases :

1. When an officer other than a governor, lieutenant- purposes governor and elector of president and vice-president, proper to be chosen at a general election, shall not have been chosen by reason of two or more candidates having received an equal number of votes for the same office.

2. When the right of office of a person elected to the office of a representative in congress, senator, member of the assembly, sheriff, or clerk of any county, or sheriff, clerk, or register of the city and county of New York, shall cease before the commencement of the term of service for which such officer shall have been elected.

3. When a vacancy exists in the office of any senator or member of assembly occurring after the first day of January in any year, the same shall be filled at the first election held thereafter in any such district where such vacancy may occur, or at a special election to be called by the governor for that purpose; provided such vacancy occurs during the first year of the term of any senator, or before the first day of March in the second year of the term of any senator. But no vacancy shall be filled for the office of member of assembly unless the same shall

occur on or before the first day of April, in any year, unless the legislature is in session at the time such vacancy and election shall take place. The person elected to fill such vacancy shall receive and be paid the full annual salary for the year in which he shall be elected to fill such vacancy, and in case the deceased member shall have been paid the whole or any part of such salary for such year, the legislature shall make such appropriation as may be necessary to pay such salary. The provisions of this act shall apply to members of the legislature of the year ore thousand eight hundred and seventy-seven, elected to fill vacancies therein.

4. When, in case of an extra session of the legislature, a vacancy in the office of a member of the assembly or senator shall occur between the first day of April and ten days before the time appointed for such extra session. $ 6, tit. 2, ch. 130, 1842, as amended by ch. 240, 1847, and by ch. 698, 1872, and by ch. 322, 1877.

Special election,

Special election, failure of.

SEC. 86. When a special election shall not have taken failure of. place, as required by law, the vacancy which ought to

have been supplied by such election shall be supplied at the next general election. § 7, tit. 2, ch. 130, 1842.

to be filled

election,

Vacancies to be filled at general election. Vacancies SEC. 87. All vacancies in any of the offices named in at general the first and second sections of this title (SS 79, 80, ante),

except governor, lieutenant-governor, electors of president and vice-president, senators and members of assembly, shall be supplied at the general election next succeeding the happening thereof. § 8, tit. 2, ch. 130, 1842, as amended by $ 6, ch. 240, 1347.

when spe

tion to fill.

Vacancy, when special election to fill. . Vacancy, SEC. 88. If a vacancy proper to be supplied at a gencial eleco eral election shall not have been supplied at a general

election next succeeding the happening thereof, a special election to supply such vacancy shall then be held. $ 9, tit. 2, ch. 130, 1842.

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