the office may be filled as in case of vacancy. [§ 51 of Town Law, chap. 569 of 1890.]

[Inspectors in towns should take the above oaths before some officer authorized by law to administer oaths in the county, within ten days after being notified of appointment, and file the same in the office of the town clerk. The result of the canvass read at a town meeting is a notice of election to an inspector whose name is upon the poll-list. If his name does not appear as a voter on the poll-list the town clerk must notify him within ten days. Inspectors in cities should take and file oath in accordance with the provisions of the various city charters.]

* * *

Filling vacancies in office of town inspector by town board. -When a vacancy shall occur or exist in any town office, the town board or a majority of them may, by an instrument under their hands and seals, appoint a suitable person to fill the vacancy, and the person appointed, except justices of the peace, shall hold the office until the next annual town meeting. * * * The board making the appointment shall cause the same to be forthwith filed in the office of the town clerk, who shall forth with give notice to the person appointed. [Part of § 65 of Town Law, chap. 569 of 1890.] Compensation of inspectors, poll clerks and ballot clerks in towns. The following town officers shall be entitled to compensation at the following rates for each day actually and necessarily devoted by them to the service of the town, in the duties of their respective offices, when no fee is allowed by law for the service. The supervisor, except when attending the board of supervisors, town clerks, assessors, commissioners of highways, justices of the peace, overseers of the poor, inspectors of election and clerks of the polls, two dollars per day, each of them. [§ 178 of Town Law, chap. 569 of 1890, as am'd by chap. 297 of 1893.]

Qualifications of voters for registration.-A qualified voter for registration must be:

1. A male citizen of the age of not less than twenty-one years. 2. A citizen at least ninety days previous to the election.

3. He must have been an inhabitant of the state for one year next preceding the election.

4. A resident of the county for the last four months.

5. A resident of the election district in which he may offer his vote, and not elsewhere, for thirty days next preceding the election.

6. No person shall vote at such election who shall receive, accept, or offer to receive, or pay or promise to pay, contribute, offer or promise to contribute to another, to be paid or used, any money or other valuable thing as a compensation or reward for the giving or withholding a vote at an election, or who shall make any promise to influence the giving or withholding any such vote.

*See pages 170 to 181, post.

7. No person shall vote at any such election who shall make or become directly or indirectly interested in any bet or wager depending upon the result of any election.

8. No person shall, for the purpose of voting, gain or lose a residence by reason of his presence or absence while employed in the service of the United States; while engaged in navigating the waters of this state or of the United States, or of the high seas; or while a student in any seminary of learning; or while kept at any alms-house or other asylum at public expense; or while confined in any public prison. [See, also, § 34 of Election Law.]

Right to vote not to be denied.-The rights of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color or previous condition of servitude. The congress shall have power to enforce this article by appropriate legislation. [§§ 1, 2, art. 15, amendment to United States Constitution.]

Who entitled to vote.- Every male citizen of the age of twentyone years, who shall have been a citizen for ninety days, and an inhabitant of this state one year next preceding an election, and for the last four months a resident of the county, and for the last thirty days a resident of the election district in which he may offer his vote, shall be entitled to vote at such election in the election district of which he shall at the time be a resident, and not elsewhere, for all officers that now are or hereafter may be elective by the people, and upon all questions which may be submitted to the vote of the people, provided that in time of war no elector in the actual military service of the state, or of the United States, in the army or navy thereof, shall be deprived of his vote by reason of his absence from such election district; and the legislature shall have power to provide the manner in which, and the time and place at which, such absent electors may vote, and for the return and canvass of their votes in the election districts in which they respectively reside. [§ 1, art. 2, State Constitution, as am’d in 1894.]

Persons excluded from the right of suffrage, etc.- No person who shall receive, accept, or offer to receive, or pay, offer or promise to pay, contribute, offer or promise to contribute to another, to be paid or used, any money or other valuable thing as a compensation or reward for the giving or withholding a vote at an election. or who shall make any promise to influence the giving or withholding any such vote, or who shall make or become directly or indirectly

interested in any bet or wager depending upon the result of an election, shall vote at such election; and upon challenge for such cause, the person so challenged, before the officers authorized for that purpose shall receive his vote, shall swear or affirm before such officers that he has not received or offered, does not expect to receive, has not paid, offered or promised to pay, contributed, offered or promised to contribute to another, to be paid or used, any money or other valuable thing as a compensation or reward for the giving or withholding a vote at such election, and has not made any promise to influence the giving or withholding of any such vote, nor made or become directly or indirectly interested in any bet or wager depending upon the result of such election. The legislature shall enact laws excluding from the. right of suffrage all persons convicted of bribery or of any infamous crime." [§ 2, art. 2, State Constitution, as am'd in 1894.]

Pardon and restoration. The governor has the exclusive power of pardoning and restoring to the rights of a citizen criminals convicted in the courts of this state. [See § 5, art. 4, of the State Constitution.]

Voting residence. For the purpose of voting, no person shall be deemed to have gained or lost a residence, by reason of his presence or absence, while employed in the service of the United States; nor while engaged in the navigation of the waters of this state, or of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any alms-house, or other asylum, or institution wholly or partly supported at public expense or by charity; nor while confined in any public prison. [§ 3, art. 2 of State Constitution.]

A residence is "the place of abode," "the place in which one usually has his home." To reside in a particular election district and county is for one to have his home usually and at the time of election in such election district. A person, in order to entitle him to vote, must, as before stated, be a resident of such election district thirty days, of the county four months, and of the state one year, and for the purpose of voting' it is by our constitution provided that no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States; nor while engaged in the navigation of the waters of this state, or of the United States, or of the high seas, nor while a student of any seminary of learning; nor while kept at any alms-house or other asylum at public expense; nor while confined in any public prison.”

If an elector change his residence from one election district to anotner in the same county, within thirty days previous to a general or special election, he thereby loses the right of voting at such election. If he remove within thirty days of a town or city election, from one town to another, in the same county, or from one ward to another, in the same city (or from one election district to another, in the same city, or from one election district of a town having election districts for town meeting to another election district in the same town), he thereby loses the right of voting at such election, for town, ward or city officers.

It must be borne in mind that no person can (as is sometimes erroneously believed) vote for governor or any other officer, except in the election district of his actual residence." [Election Code by Secretary of State.]

§ 21. Compensation. The expense of such publication shall be a county charge, which, in counties not having a city of over fifty thousand inhabitants shall not be less than twenty nor more than fifty cents per folio, and in other counties not less than thirty nor more than fifty cents per folio; the specific rate in either case to be fixed by the board of supervisors.

§ 22. Election notices and official canvass.-Such boards, except in the counties of Erie and Kings, shall, in like manner, designate two newspapers, representing respectively each of the two principal political parties into which the electors of the county are divided, in which shall be published the election notices issued by the secretary of state, and the official canvass, and fix the compensation therefor, which shall be a county charge.

(Form No. 3.)

[For filling this certificate, see section 59, chapter 909 of 1896.]

Independent Certificate of Nomination.

To the Secretary of State, Albany, N. Y.:

We, the undersigned, duly qualified voters of the State of New York, in accordance with the provisions of the election law, hereby make the following nomination for offices to be filled at the next ensuing election in the

......

as a committee to represent the signers of this certificate and authorize them to nominate candidates for the offices named therein, for which no candidates are nominated in this certificate, in pursuance of section 57 of chap. 909 of the Laws of 1896, and to fill any vacancies caused by declination, death or insufficient or inoperative certificate of nomination, in pursuance of section 66 of the said act.

(Give city or town, street and number, if any.)

Signature.‡

Residence, town or city, street and street number, if any.

Not more than five words to be used. See section 57.

+ If in a city, also the street and number of residence and place of business.

As to the number of names to be signed to this certificate, see section 57, chapter 680, Laws

of 1892, as amended by chap 810 of 1895

This certificate must designate and select an emblem.