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The electors of President and VicePresident convene at the Capitol on the day preceding the first Wednesday in December after their election ; and those of them who so assemble at 4 P.M. of that day, immediately after that hour proceed to fill by ballot, and by plurality of votes, vacancies in the electoral college occasioned by the death, refusal to serve, or neglect to attend at that hour, of any elector, or occasioned by an equal number of votes having been given for two or more candidates. The electoral college being thus completed, they choose a president and secretary from their own body. The secretary of state prepares three lists of the names of the electors, procures to the same the signature of the governor, affixes thereto the seal of the state, and delivers them, thus signed and sealed, to the president of the college of electors, on or before the said first Wednesday in December. On this first Wednesday in December the electors meet at the Capitol, and then and there vote by ballot for President and Vice-President, one of whom at least shall not be an inhabitant of the same state with themselves; and name in their ballots the persons voted for as President, and in distinct ballots the persons voted for as Vice-President. Distinct lists of all persons voted for as President, and of all persons voted for as VicePresident, and of the number of votes for each, are made and signed and certified, and after annexing thereto one of the lists received from the secretary of state, they seal up the same, certifying thereon that lists of the votes of the state for President and Vice-President are contained therein. The electors then, by writing under their hands, or under the hands of a majority of them, appoint a person to take charge of the lists so sealed up, and to deliver them to the President of the Senate

at the seat of Government of the United States, before the first Wednesday in January then next ensuing. In case there be no President of the Senate there, the lists of the votes are delivered into the office of the Secretary of State of the United States. The electors are also required to forward forthwith by the post-office to the President of the Senate of the United States at the seat of Government, and to deliver forthwith to the judge of the United States for the northern district of the State of New York, similar lists, signed, annexed, sealed up, and certified in the manner described. Every elector who attends and gives his vote at the time and place appointed by law is entitled to receive for his attendance at such election the sum of $15 per day, together with 10 cents per mile each way from his place of residence by the most usual travelled route to the place of their meeting, to be audited by the comptroller, upon the certificate of the secretary of state, and paid by the treasurer.

On the first Tuesday of February next before the expiration of the time for which any senator was elected to represent the state in Congress, if the legislature be then in session, and if not, then within ten days after a quorum of both houses is assembled, at the then next meeting of the legislature, an election is held for a senator in Congress in the room of the senator going out of office. Whenever the seat of any such senator becomes vacant before the expiration of the time for which he was elected, another senator is elected in his room within ten days after the legislature has notice of such vacancy. Such election is made by the legislature in the following manner: the senate and assembly each openly nominate one person, after which they immediately meet; and if they

agree in their nomination, the person so nominated is appointed to the office for which he is nominated; if they disagree, the election is made by the joint ballot of the senators | and members of assembly. When

ever any senator is thus chosen, copies of the resolutions of the senate and assembly testifying such choice, signed by the president of the senate and speaker of the assembly, are thereupon delivered to the person so chosen as senator as evidence of such election.

It is unnecessary to give details of the penalties by fine and imprisonment, or by either, for false swearing, procuring false swearing, neglect of duty, bribery, &c., calling out the militia, certain acts by candidates which are prohibited, changing votes, disobeying inspectors, &c., non-residents voting, and for voting more than once, procuring illegal voters, procuring non-residents to come into a town, ward, or district to vote, unqualified persons or inhabitants of another state or county voting-most of which offences are deemed misdemeanours. It is the duty of every inspector of elections, sheriff, constables, justices of the peace within the state, knowing that an offence has been committed under the general election law, or having good reason to believe that an offence has been committed, to give information thereof to the district attorney of the county in which the offence is committed, whose duty it is to adopt effectual measures for the punishment of all persons violating the provisions of said law. It is the duty of the presiding judge of every court of general sessions of the peace, or oyer and terminer within the state, specially to charge the grand jury at each term of said court to take notice of all offences committed in violation of the general election law.

of the general election law it is provided that, if a majority be not present on any day on which an election is held, the inspectors or inspectorattending shall appoint so many electors of the town, ward, or district, to act as inspectors, as may be necessary to form a board; and the persons so appointed take the constitutional oath, and continue to act until a majority of the inspectors shall attend. No notice of an election nor copy of the governor's proclamation is in any case directed to the clerk of a county unless the office of sheriff be then vacant, nor to the first judge unless the offices of sheriff and clerk be both vacant. The accounts of the respective clerks of counties for services performed and expenses incurred are audited, levied, and paid in like manner as other contingent charges of the county.

By a law of 1880 no person is eligible to the office of inspector of election, or clerk of the poll, or is qualified to act as such unless he can read or write the English language— it is a misdemeanour for such an unqualified person to act as such. The election at every poll is public to the watchers from the commencement to the close of the canvass and signing of the proper returns and copies thereof. Every political organisation which presents a candidate for the suffrages of the voters of any election district has the right to appoint, not to exceed two, electors as watchers at the poll of such election district for any election. Such appointment may be written or printed, signed by the president or chairman and the secretary of such political organisation, but no ward or town organisation is entitled to watchers at any poll outside the limits of such ward or town. These watchers, and each of them, are entitled to be present at such election in the room occupied by the inspectors of election, commencing

Among the miscellaneous provisions at least fifteen minutes before any

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ballot-box is opened, until the close of the canvass and the signing of the proper returns of such election. fore ballots are received, the inspectors unlock every ballot-box to be used at the election, and permit each watcher present to examine it, and every part and portion of it, until he is satisfied as to its structure, and that there is at the commencement of receiving ballots no ballots in it. Every watcher has the right from the time of so inspecting the ballot-boxes, at any and all times until the canvass of the ballots and signing of the proper returns and copies thereof, to be present in the room occupied by the inspectors, in a position and place where he may fully, conveniently, and comfortably watch the reception and deposit of every ballot cast, and the full and final canvass of the ballots and signing of the proper returns and copies thereof; and no ballot-box or ballot cast, except it be in the ballot-box, shall be removed from the constant sight and inspection of the watchers until the canvass is closed and the proper returns and copies thereof made and completed. If requested by any watcher or any elector present at any canvass, it is the duty of the inspectors to exhibit any and all ballots cast, fully opened and in such a condition and manner that he may fully and carefully read and examine the same, though the inspector shall not allow any such ballot to be taken from his hand. Every return or statement of the result of the canvass is made upon a single sheet of paper, or if not, each halfsheet is signed at its end by the inspectors. The room used for the reception of the ballots must be of size sufficient to hold twelve electors, including the watchers, exclusive of the inspectors and clerks of the poll. Any watcher or other elector may challenge an elector offering to vote, and the inspectors and clerks of

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the poll shall not disclose the name unless required so to do by a court of justice or magistrate in some legal proceeding. The inspectors of election of each election district, within twenty-four hours after the completion of the canvass, in addition to the making and filing of the returns and statements thereof at the date of said Act, directed and required by law, shall cause a duplicate of such return or statement to be filed in the office of the clerk of the county, by one of their number specially deputed to do so, who may be paid for so doing, except in cities and towns where the county clerk's office is situated, the sum of $5, and also 4 cents for each mile actually and necessarily travelled. The returns on file in county, town, and city clerk's offices are public records, and open to inspection and examination by any elector of the state. No inspector or clerk of the poll shall peddle, distribute, or give tickets to electors during any part of the day of such election. No lager beer, ale, wine, or spirituous liquors are allowed on any election day in any room used for election purposes.

The ballots used in the State of New York are upon plain white printing paper, and without any impression, device, mark, or other peculiarity whatsoever upon or about them to distinguish one ballot from another in appearance, except the names of the several candidates, and they shall be printed with plain black ink. Each ballot has a caption (as provided by law) printed in one straight line in black ink, with plain type of the size known as "Greatprimer Roman Condensed capitals,' and the names of all candidates are printed in plain type with letters of a uniform size; and it is unlawful to print or distribute, or to cast any ballot, printed or partly printed, contrary to this provision, or to mark the ballot of any voter, or to deliver

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to any voter such marked ballot, for the purpose of ascertaining how he shall vote at any election. A violation of this is a misdemeanour punishable by fine or imprisonment, or both. But any elector may vote any ballot entirely written, or any printed ballot which in outward appearance complies with all the said requirements, upon the face of which he has personally made, or caused to be made, erasure, correction, or insertion of any name by pencil-mark or otherwise.

The supreme court may by order, whenever it appears, by affidavit, that errors have occured in the determination of the board of county canvassers in any county, require such board to correct such errors; and failing such being done, compel said board by writ of mandamus to correct such errors, and for that purpose compel the board if need be to convene again, in which case the meeting of the board is deemed a continuation of its regular session. The practice in these proceedings in mandamus is the same as in cases of mandamus against a board of supervisors.

In all cases where any county (except New York and Kings) has a population exceeding 40,000, the board of supervisors therein at any

meeting of such board, special or regular, called in the usual form, may by resolution thereof provide for the election, at the following general election, of an officer other than the county judge, who shall perform the duties of surrogate therein. This resolution is immediately delivered by the clerk of the board of supervisors to the county clerk, who files it and keeps it as a part of the county records. Within ten days thereafter, the county clerk transmits to the office of the secretary of state, to be filed and kept in his office, a copy of this resolution, duly certified by him. The respective boards of supervisors fix the salaries of county judges and surrogates. Whenever the office of county judge is vacant in a county having a population exceeding 40,000, the board of supervisors, if there be a surrogate, may resolve that there shall be no such officer in the county, and thereupon the office of such officer shall be deemed vacant, and abolished from the time the office of county judge shall be filled; and, if there be no such officer, such board may resolve that there shall be such officer in such county, in which case such officer is elected at the time and in the manner in all respects that the county judge in said county is elected.

REGISTRY LAWS.

The several inspectors of election for the several election districts in the towns and cities of the State of New York, except in the city and county of New York and in the city of Brooklyn, for the year 1872 were declared to be a board of registry under the laws of 1872, chap. 570; and for the purposes therein named these inspectors and their successors in office should meet annually on Tuesday, five weeks previous to the

general election, at 9 A.M., at the place designated for holding the poll of said election, and organise themselves as a board for the purpose of registering the names of the legal voters of such district, and should sit until 9 P.M. of each day; and for this purpose they should appoint one of their number chairman of the board, who should administer to the other inspectors the oath of office as prescribed by the constitution, and

the same oath should then be administered to the chairman by one of the other inspectors. The board then proceeds to make a list of all persons qualified and entitled to vote at the ensuing election, in the election district of which they are inspectors. This list when completed constitutes and is known as the register of electors of said district. The said inspectors, at their first meetings on Tuesday, five weeks preceding the general election, have power, if necessary, to sit two days for the purpose of making said list, provided that at the annual election next prior to said meeting, the number of votes in the district of which they are inspectors exceeded 400. The registers each contain a list of persons so qualified and entitled to vote in said election district, alphabetically arranged according to their respective surnames, so as to show in one column the name at full length, and in another column, in cities and incorporated villages, the residences by the number of the dwelling, if there be a number, or if the person be an occupant of a tenement house occupied by several persons, or a lodging - place, then they also enter the number of the room, if any, and the floor or storey of said tenement or lodging - house occupied by said person, and the name of the street on which said dwelling-house, tenement, or lodgingplace is located. It is the duty of the inspectors to enter in said lists the names of all persons residing in their election districts whose names appear on the poll-list kept in said district, at the last preceding general election; and for this purpose they are authorised to take from the office in which they are filed the poll-list made and filed by the inspectors of such district at the general election held next prior to the making of such register. In case a new elec

tion district is formed, the inspectors enter in the list the names of such persons entitled to vote therein, whose names appear upon the polllist of the last general election, kept in the district or districts from which the new election district is formed. The inspectors complete, so far as practicable, the register on the day or days of their meeting aforesaid, and make four copies thereof, and certify the register and each of the copies to be a true list of the voters in their district, so far as the same are known to them, within two days thereafter. The original list, with the list taken from the office as stated, are filed in the office of the town-clerk of the town or city clerk of the city in which the election district may be; and one copy of the list is kept by each of the inspectors, and is carefully preserved by him for their use on the day or days for their revision and correction, as hereafter mentioned. One copy of the list is immediately after its completion posted in some conspicuous place in the room in which such meeting shall be held, and shall be accessible to any elector who may desire to examine it or make copies of it.

The board of inspectors meet on the Tuesday of the week preceding the day of the general election, at the places designated for holding the polls of election, for the purpose of revising and correcting the said lists; and for this purpose, in cities, they meet at 8 A. M., and remain in session until 9 P.M. of that day and the day following; and in other districts they meet at 9 A. M., and remain in session until 9 P.M. of that day. And they then revise, correct, add to, and subtract from, and complete the said lists, and shall on that day add to the said list the name of any person who would, on the first Tuesday succeeding the first Monday in November, be entitled under the

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