custody from voting. Such order shall be executed by any sheriff, constable, peace or police officer, to whom the same shall be deliv ered, 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 chapter. § 316. Ballot boxes. Separate ballot boxes appropriately and conspicuously marked must be provided as occasion shall require, to receive 1. Ballots for presidential electors, 2. Ballots for general officers, 3. Ballots upon constitutional amendments and questions submitted, 4. Ballots upon town propositions and upon town appropriations, 5. Ballots defective in printing or spoiled and mutilated, 6. Stubs detached from ballots. Each box shall be supplied with a sufficient lock and key and with an opening in the top large enough to allow a single folded ballot to be easily passed through the opening, but no larger. It shall be large enough to receive all the ballots which may be lawfully deposited therein at any election, and it shall be well and strongly made of wood, free from checks and blemishes. Each and every inspector of elections shall be personally responsible for the custody of each box and its contents from the time the election begins until the box is delivered, according to law, to the person entitled to receive it. Upon making any such delivery each inspector of elections shall be entitled to a receipt for each box delivered. [As amended by chap. 649, Laws of 1911, and chap. 821, Laws of 1913.] There shall § 317. Voting booths and guard-rails. he in each polling place during each election a sufficient number of voting booths, not less than one for every seventy-five registered voters in the district. Each such booth shall be at least three feet square, shall have four sides inclosed, 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 conven iences including pencils having black lead only, as will enable the voters 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. The § 318. Apportionment of election expenses. expense of providing polling places, voting booths, supplies there for, 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 at the same time as a general election shall be a charge upon the village. The expense of printing and delivering the official ballots, sample ballots and cards of instruction, poll books, tally sheets, return sheets for inspectors and ballot clerks, and distance markers to be used at a town meeting or city or village election not held at the same time as a general election, and of printing the lists of nominations therefor shall be a charge upon the town, city or village in which the meeting or election is held. The expense of printing and delivering the official ballots, sample ballots and cards of instruction, poll books, tally sheets, return sheets for inspectors and ballot clerks, and distance markers to be used in any county, except such counties or portions thereof as are included within the city of New York, at any other election, if no town meeting or city or village election be held at the same time therewith, and of printing the lists of nominations therefor, shall be a charge upon such county. The expense of printing and delivering the official ballots, sample ballots and cards of instruction, poll books, tally sheets, return sheets for inspectors and ballot clerks, and distance markers, to be used in any such county at any other election, and of printing the lists of nominations therefor, if the town meeting or city or village election be held in such county at the same time therewith, shall be apportioned by the county clerk between such town, city or village and such county, in the proportion of the number of candidates for town, city or village officers on such ballots, respectively, to the whole number of candidates thereon, and the amount of such expense so apportioned to each such municipality shall be a charge thereon. Whenever voting machines are used in an election by any city, town or village, only such expenses as are caused by the use of such machines, and such as are necessary for the proper conduct of the elections as required by this chapter shall be charged to such city, town or village. All expenses relating to or connected with elections lawfully incurred by the board of elections of the city of New York shall be a charge on such city, and after being audited by the proper officer, shall be paid by the comptroller of said city upon the certificate of such board. $ 319. Fees of election officers and others. The county clerk of each county, not salaried, shall be paid by such county a reasonable compensation for his services in carrying out the provisions of this chapter, to be fixed by the board of supervisors of the county, or the board acting as such board of supervisors. The town clerk of each town shall be paid by such town a reasonable compensation for his services in carrying out the provisions of this chapter, to be fixed by the other members of the town board of the town. Ballot clerks shall receive the same compensation for their attendance at an election as inspectors of election for the election and be paid in like manner. Poll clerks shall receive the same compensation for their attendance at an election and canvass of the votes as inspectors of election and be paid in like manner. An inspector of election lawfully required to file papers in the county clerk's office shall, unless he resides in the county if within the city of New York, or in any other city or town in which such office is situated, be entitled to receive as compensation therefor five dollars, and also four cents a mile for every mile actually and necessarily traveled between his residence and such county clerk's office in going to and returning from such office. In cities of the first class having a population of two million or more inhabitants the persons appointed and serving as inspectors of election shall receive seven dollars and fifty cents for the hours fixed by law for each day of registration, and of revision of registration for a special election, and seven dollars for the hours fixed by law for the election, and five dollars for the count and return of the votes. The poll clerks in such city shall each receive the same compensation as inspectors for the election and for the count of the votes, and the ballot clerks shall receive eight dollars each. Such officers shall be paid by the comptrollers of the respective cities upon the certificate of the board or officer appointing them. Election officers required to meet at a different time from the regular count of the votes cast at a general election for the purpose of counting and returning the votes of electors absent from their election districts in time of war in the actual military or naval service of this state or of the United States shall be paid five dollars each. § 320. Delivery of election laws to clerks, boards and election officers. The secretary of state shall at least sixty days before each general election cause to be prepared a compilation of the election law with explanatory notes and instructions, properly indexed, and procure the same to be printed by the legislative printer, and transmit to the county clerk of each county except New York, Kings, Richmond, Queens and Erie counties, and to the board of elections of the city of New York, located in the borough of Manhattan, and to the branch office of the board of elections in each of the other boroughs of the city of New York and to the commissioner of elections of the county of Erie, a sufficient number of copies thereof to furnish one such copy to the county clerk and to said board and to each of said branch offices of the board of elections and to said commissioner and one to each town, village and city clerk and to each election officer in such county and said boroughs, together with such number of extra copies as may in his judgment be necessary to replace copies lost or mutilated before delivery thereof to election officers. The county clerk of each county, except those counties the whole of which is included within the city of New York, and the com missioner of elections of the county of Erie, shall forthwith transmit one of such copies to each of such officers in such county, and the said board of elections shall cause to be delivered one of such copies to each of such officers in the city of New York. Each copy so received by each such officer shall belong to the office of the person receiving it. Every incumbent of the office shall preserve such copy during his term of office and upon the expiration of his term or removal from office deliver it to his successor. The secre tary of state shall also transmit to the state superintendent of elections for the metropolitan elections district a sufficient number of such copies to furnish one of such copies to the superintendent and to each deputy. 1ARTICLE 9 Ballots and Stationery Section 330. Official ballots for elections. 331. Form of general ballot. 332. Form of ballot for questions submitted. 333. Sample ballots, instruction cards and stationery. 2333-a. Additional sample ballots in the year nineteen hundred and fourteen; distribution of such ballots. 334. Blank forms for election officers. 335. Form of tally sheets. 336. Description of tally sheets. 337. *Form of ballot returns. 338. Form of election returns. 339. *Form of report of assisted and challenged voters. 340. Number of official ballots. 341. Officers providing ballots and stationery. 342. Public inspection of ballots. 343. Distribution of ballots and stationery. Official bal § 330. Official ballots for elections. lots shall be provided at public expense at each polling place for every election at which public officers are to be elected directly by the people, except an election of school district officers or school officers of a city or village at which no other public officer is to be elected, and except an election of officers of a fire district outside of cities and incorporated villages, at which excepted 1 As renumbered by chap. 800, Laws of 1913. Added by chap. 243, Laws of 1914. 3 Section repealed by chap. 821, Laws of 1913. * So in original. |