the oath, in such form as may be approved by the board or officer by which or whom he was appointed, and specifying the capacity and the election district in which he is to serve, and the date of the expiration of his term of office. Any election officer so appointed may be removed for cause, in which case such removal, unless made while such officer is actually on duty on the day of registration, revision of registration or election, and for improper conduct as an election officer, shall only be made after notice in writing to the officer to be removed, which notice shall set forth clearly and distinctly the reason for his removal. Any election officer who shall at any time be appointed to fill a vacancy, which fact shall be stated in the certificate of appointment, shall hold office only during the unexpired term of his predecessor, and provided that no election officer shall be transferred from one election district to another after he has entered upon the performance of his duties. The chairman of each board of inspectors of each election district shall, within twenty-four hours after any election, furnish to the mayor or board appointing such officers, if required so to do by such mayor or board, under his hand, a certificate stating the number of days of actual service of each member of such board, the names of the persons who served as poll clerks and ballot clerks on election day, and the number of days during which the store or building hired for registration and voting purposes was actually used for such purposes. Any person acting as such chairman, who shall willfully make a false certificate, shall be deemed guilty of a misdemeanor. Every person appointed as an election officer, failing to take and subscribe the oath of office as hereinbefore provided, or who shall willfully neglect or refuse to discharge the duties to which he was appointed, shall, in addition to the other penalties prescribed by law, be liable to a fine of one hundred dollars, to be sued for and recovered by the mayor or board making the appointment in a court of record, for the use and benefit of the treasury of such city. Any election officer who, being removed for cause, shall fail upon demand to deliver over to his successor the register of electors, or any tally sheets, book, paper, memorandum or document relating to the election in his possession, so far as he has made it, shall be liable to a like penalty to be recovered in a like manner for the benefit of such city. All persons appointed and serving as election officers in cities of the first class shall be exempt from jury duty for one year from the date of the general election at which they serve.

Inspectors of election and poll clerks, in the city of New York, are to be selected from the two great political parties of the State, without regard to differences of opinion in the choice of local offices, or the fact that one of the divisions of a party refuses to support a particular candidate on the State ticket. People v. Wheeler, 18 Hun, 540.

The failure of the board of police commissioners in the city of New York to make an appointment of inspectors of elections, within the time prescribed by chap. 490 of 1887, does not deprive the board of the power to make it thereafter in the absence of a prohibition in the statute. People ex rel. McMackin v. Board, etc., 46 Hun, 296.

It is sufficient to constitute inspectors officers de facto if they come into office by color of title. People v. Cook, 14 Barb. 259. Their omission to take the oath of office will not invalidate the election. Id.; 8 N. Y. 67. Neither does an irregular administration of the oath. Id. An inspector who becomes a candidate for office, vacates his office of inspector. People v. McManus, 34 Barb. 620; 22 How. 25.

The provisions of the revised charter of Buffalo (chap. 105 of 1891), relating to the inspectors of election in that city, are not repealed, impaired or affected by chap. 7 of 1891, or chap. 680 of 1892, but still remain in full force. People ex rel. Emerson v. Board, etc., 47 N. Y. State Repr.

451; 65 Hun, 300.

These provisions are capable of enforcement by mandamus against the board of aldermen as the successors of the common council which failed to comply therewith, by declaring the relator elected as one of the inspectors. Id.

By section 12 of the Election Law of 1892, it was provided, in effect, that where the inspectors were appointed by the common council, the same authority should appoint the poll and ballot clerks; but where inspectors were elected, they should appoint the clerks. Howe v. City of Rochester (Sup. Ct., 5 D., 1895), 86 Hun, 3. The inspectors of elections in the city of Rochester, elected in March, 1892, under the act of 1891, were authorized to appoint the poll clerks at the general election in November, 1892. Id.

§ 13. Election officers in towns.- Inspectors of election in towns shall be elected and appointed as provided in section nineteen of the town law. At the first meeting of the inspectors of election in every district in which the law provides for the election of inspectors, the inspectors elected shall appoint one of the poll clerks and one of the ballot clerks, and the inspectors appointed shall appoint the other poll clerk and ballot clerk. Such appointments shall be in writing, signed by the inspectors making the appointments respectively, and shall be filed by them with the town clerk of the town in which such election district is situated. The poll clerks and ballot clerks so appointed shall

hold their office during the term of office of the inspectors appointing them, except as hereafter provided. The persons so appointed as poll clerks and ballot clerks shall be voters in the district in which they are appointed to serve, and shall possess the qualifications required of such officers by section eleven of this act. If at any time of any election at which poll clerks and ballot clerks are required to be present at the polling place in any election district, the office of a poll clerk or of a ballot clerk of such district shall be vacant, or a poll clerk or ballot clerk shall be absent, the inspectors of election. in such district shall forthwith appoint a person to fill such vacancy. Such person so appointed shall, before he acts as such poll clerk or ballot clerk, take the constitutional and statutory oaths of office.

§ 14. Organization of boards of inspectors; supplying vacancies and absences.- Before otherwise entering upon their duties, the inspectors of each district shall meet and appoint one of their number chairman; or, if a majority shall not agree upon such appointment, they shall draw lots for that position. If at the time of any meeting of the inspectors there shall be a vacancy in the office of any inspector, or if any inspectors shall be absent from any such meeting, the inspector or inspectors present shall appoint a qualified elector of the district, who shall be a member of the same political party as the absent inspector, to act until such absent inspector, or his successor duly appointed under the provisions of section twelve, shall appear, and such person, if so serving temporarily, shall serve without pay. If, at any such time, the offices of all inspectors are vacant, or no inspector shall appear within one hour after the time fixed by law for the opening of such meeting, the qualified voters of the district present, not less than ten, may designate four qualified electors of the district belonging to the political parties as specified in section eleven, to fill such vacancies, or to act in the place of such inspectors respectively, until the absent inspectors respectively appear. If at any time there shall be a vacancy in the office of any poll clerk or ballot clerk, or if any poll clerk or ballot clerk shall be absent from such meeting, the inspector or inspectors present shall appoint a qualified elector of the district, who shall be a member of the same political party as the absent poil clerk or ballot clerk to fill such vacancy. Every person so appointed or designated to act as an inspector, poll clerk or ballot clerk shall take the constitutional and statutory oaths as prescribed by the election law.

§ 15. Preservation of order by inspectors. All meetings of the board of inspectors shall be public. Such board and each individual member thereof shall have full authority to preserve peace and good order at such meetings, and around the polls of elections, and to keep the access thereto unobstructed, and to enforce obedience to their lawful commands. The said board may appoint one or more electors to communicate their orders and directions, and to assist in the performance of their duties in this section enjoined. If any person shall refuse to obey the lawful commands of the inspectors, or by disorderly conduct in their presence or hearing shall interrupt or disturb their proceedings, they shall make an order directing the sheriff or any constable of the county, or any peace or police officer to take the person so offending into custody, and retain him until the registration of electors, or the canvass of the votes shall be completed, but such order shall not prohibit the person taken into custody from voting. Such order shall be executed by any sheriff, constable, peace or police officer, to whom the same shal! be delivered. But if none shall be present, then by any other person deputed by such board in writing. The said board or any member thereof, may order the arrest of any person other than an election officer violating or attempting to violate, any of the provisions of this election law.

The inspectors of election have a right to keep order while the vote is being canvassed. Horton v. Whistler, 4 N. Y. State Repr. 810. But, under pretense of keeping order, they have no right to turn out a peaceable and quiet citizen whose presence does not interfere with the discharge of their duty. Id.

§ 16. Ballot boxes.- There shall be but one ballot box at each polling place for receiving all ballots cast for candidates for office, which box shall be conspicuously marked "Box for general ballots." There shall also be a ballot box for the reception of ballots found to be defective in printing, or mutilated before delivery to electors, and for ballots spoiled and returned by electors, which box shall be conspicuously marked "Box for spoiled and mutilated ballots." There shall also be a box for detached ballot stubs, which box shall be conspicuously marked, "Box for detached ballot stubs." If proposed constitutional amendments, or other propositions or questions may lawfully be voted upon thereat, there shall be a separate ballot box at each polling place for the reception of ballots upon

such amendments or propositions, or questions, which box shall be marked conspicuously," Box for questions submitted." Each box used for the reception of voted ballots shall be provided with a sufficient lock and key, and with an opening in the top thereof large enough, and not larger than may be necessary to allow a single folded ballot to be easily passed through such opening into the box. Each box shall be large enough to properly receive and hold all ballots which may lawfully be deposited therein at any election.

§ 17. Voting booths and guard rails.— There shall be in each polling place during each election a sufficient number of voting booths, not less than one for every seventy-five registered electors in the district. Each such booth shall be at least three feet square, shall have four sides enclosed, each at least six feet high, and the one in front shall open and shut as a door swinging outward, and shall extend within two feet of the floor. Each such booth shall contain a shelf which shall be at least one foot wide, extending across one side of the booth at a convenient height for writing, and shall be furnished with such supplies and conveniences including pencils having black lead only, as will enable the electors to conveniently prepare their ballots for voting. Each booth shall be kept clearly lighted while the polls are open by artificial lights if necessary. A guard rail shall be placed at each polling place at least six feet from the ballot boxes and the booths, and no ballot box or booth shall be placed within six feet of such rail. Each guard rail shall be provided with a place for entrance and exit. The arrangement of the polling place shall be such that the booths can only be reached by passing within the guard rail, and that the booths, ballot boxes, election officers and every part of the polling place except the inside of the booths, shall be in plain view of the election officers and the persons just outside the guard rail. Such booths shall be so arranged that there shall be no access to intending voters or to the booths through any door, window, or opening, except by the door in front of said booth.

§ 18. Payment of election expenses. The expense of pro viding polling places, voting booths, supplies therefor, guard rails and other furniture of the polling place, and distance markers, and the compensation of the election officers in each election district, shall be a charge upon the town or city in which such election district is situated, except that such expenses incurred for the purpose of conducting a village election, not held