Sec. 42, ch. 456, of 1893. Act to amend Towns cabinets. Ballot. Regulations for the use of cabinets. Ascertainment of results. SECTION 1. Any town may, by a majority vote of the town board, at a meeting thereof, held not less than ten days before the time the annual town meeting thereof is to be held, determine upon, purchase and order the use of one or more of Myers' automatic ballot-cabinets at elections of town officers in said town. Until otherwise determined by said town board, said Myers' automatic ballot-cabinets shall be used for the purpose of voting for the officers to be elected at such elections, and for registering and counting the ballots cast thereat. The ballot by which the elector chooses or votes in said Myers' automatic ballot-cabinet shall be in secret, and shall be a cardboard or paper ticket, which shall contain written or printed, or partly written or printed, the names of the persons for whom the elector intends to vote, and shall designate the office to which each person so named is intended by him to be voted for, and shall not contain any other printed or written device or distinguishing mark, except a heading or caption of its political or party designation, of not exceeding five words, and may be of different colors and contain index hauds pointing toward the knobs by which the elector counts and registers his ballot. The town board may make regulations for the use of such ballot-cabinets, but such regulations shall require all actions and proceedings of the election officers to be in public and in the presence of watchers who may be appointed by the different political parties or candidate thereof, and shall not be inconsistent with law further than may be necessary by reason of the use of such ballot-cabinets for the purpose of holding elections, counting and canvassing the ballot thereof. At the close of the polls at such election at which such ballotcabinet shall be used, the canvassers shall proceed to ascertain publicly, the total number of ballots cast for each candidate for each office, as registered and declared by such ballot-cabinet register, and such ascertainment of the results shall be deemed to be the canvassing of the votes cast at such election. INSPECTORS OF ELECTION IN LANSINGBURGH. Section 15 of chapter 66 of 1894 relates to the appointment of inspectors of election for the village of Lansingburgh, and reads as follows: § 15. Before the charter election in the said village, to be held on the first Tuesday in March, eighteen hundred and ninety-four, and before the charter election in said village in each year thereafter, it shall be the duty of the board of trustees of the said village to divide each of the four wards in the said village into two election districts, which shall contain as nearly as may be the same number of voters; and to designate the polling places in the said election districts. The board of trustees shall appoint before the first Tuesday in March, eighteen hundred and ninetyfour, and before the charter election in said village in each year thereafter, four inspectors of election to serve at the charter election then next following in said village. Not more than two of the said inspectors of election in each election district shall be members of the same political party. The said inspectors of election shall be men of good character and residents of the election districts in which they shall perform the duties of inspectors of election and shall be competent to cast accounts and to read and write the English language understandingly, and they shall designate one of their number to act as ballot clerk. Said inspectors shall be selected from the two political parties casting the greatest number of votes in the town of Lansingburgh at the last general election held therein, and shall be chosen from a list of qualified electors submitted to the said trustees by the presiding officers of the two principal political organization of said town. Said lists SO presented for appointment as inspectors to the board of trustees shall contain the names of not less than ten persons from each election district in said village. In case of the failure of such political organizations to furnish such lists as aforesaid, the board of trustees shall have power and it shall be their duty to appoint such inspectors from persons known to them to be of the political party or parties failing to present such list or lists. It shall also be the duty of the board of trustees to appoint two poll clerks in each election district who shall be members of different political parties. The inspectors of election and poll clerks shall, before entering upon the discharge of their duties, qualify themselves for the said offices by taking the oath of office required by law to be taken by inspectors of election and poll clerks, and shall select by lot or agreement from the inspectors representing the political party casting the largest vote at the last general election in said town, a chairman for said board, and the said inspectors of election shall open the polls in the said village at sunrise and receive the ballot of all qualified electors, and deposit them in the ballot boxes, and close the polls of the said election at four o'clock in the afternoon. On the closing of the polls, the inspectors of election shall open the ballot boxes and count and compare with the poll-lists the number of ballots, as required by law, and shall then, in the manner provided by law, proceed to canvass the votes cast and ascertain the result of the said canvass, which they shall declare, and make due returns thereof, and they shall not leave the polling place until they have publicly declared the result and made and signed the returns. They shall immediately proceed with said returns to the office of the clerk of said village, whose duty it shall be to be in his office in the said village, at that time, and to receive and record the same. The board of trustees of said village shall, within forty-eight hours after the close of the polls, meet and proceed to canvass said returns, and shall make a certificate stating the results of the said canvass and declaring what persons have been elected, and shall cause the said certificate to be recorded in the book of minutes of the proceedings of the said trustees. It shall then be the duty of the said clerk to notify immediately in writing each of the said persons of his election. INSPECTORS OF ELECTION IN THE CITY OF ROCHESTER. Sections 14, 15, 16 and 17 of chapter 14 of 1880, as amended by chapter 28 of 1894, relate to the appointment and duties of inspectors of election in the city of Rochester, and read as follows: § 14. Inspectors of election. - Three inspectors of election for each ward or election district in said city shall be clected at each annual charter election. The electors of each election district in said city shall be entitled to vote by ballot on the same ticket with other charter officers, for two electors residing in such election district to be inspectors of election for said district, and the two persons in each district receiving the greatest number of votes shall be two of the inspectors of election for such district at all elections to be held therein during the ensuing year. The board of inspectors of election in each of said election districts shall, immediately after the votes of such charter election shall be canvassed, appoint in writing, subscribed by a majority of said board, another inspector of election for each election district, to be associated with said two inspectors so elected, and who shall thereupon be one of the inspectors of election of such district. Such inspector shall be selected from the two persons in such election district who shall have the highest number of votes next to the two inspectors so elected. And no ballot for inspector shall be counted upon which more than two names shall appear. Not more than two inspectors for one district shall belong to the same political party. The poll clerks and ballot clerks in each election district shall be appointed by the inspectors of election as provided for in the new election code, and the several amendments thereto, the provisions of which are hereby declared to be applicable to said city. In § 15. Vacancies in office of inspectors of election. case any such inspector of election in said city shall not be chosen or appointed as provided for in the preceding section, or in case of the death, inability or refusal of any such inspectors to act or of his ceasing to be a resident of the election district for which he was appointed or elected, the common council must thereafter appoint another in his or their place by viva voce vote, and the per. son or persons thus appointed shall be inspector or inspectors of the election district for which he or they was or were so appointed. § 16. General election law applicable. - The conduct of elections, the duties of inspectors of elections, poll clerks and ballot clerks in and of said city shall be the same as provided for by the election code of the state of New York and the several amendments thereto, the provisions of which in respect thereto are hereby declared applicable to said city. § 17. Ballots and ballot-boxes. - The ballots and ballot-boxes to be used at the charter elections of said city shall be the same as provided for by the election code of the state of New York and the amendments thereto, the provisions of which in respect thereto, are hereby declared to be applicable to said city. The common council shall provide such ballot-boxes for each ward or election district, with locks and keys, as are required by the provisions of the election code and the amendments thereto. GENERAL ELECTION LAW IS APPLICABLE TO CORPORATION ELECTIONS IN THE VILLAGE OF CANANDAIGUA. But the board of trustees of said village are hereby authorized and empowered to determine upon, purchase, and order the use of the requisite number of Myers' automatic ballot cabinets at elections of village officers in said village, as boards of town officers are now authorized and empowered to determine upon, purchase, and order the use of the same, under the provisions of chapter one hundred and twenty-seven of the laws of eighteen hundred and ninety-two, and in such case, the provisions of said act are hereby made applicable to elections of village officers in said village. [Part of § 5 of chap. 666 of 1893, as am'd by chap. 131 of 1894.] |