punished, upon conviction thereof, by imprisonment in a state prison for not less than two nor more than five years. If changes be necessary in any of the forms for tallies and returns, as prescribed in this article, the secretary of state shall prescribe the same. [As amended by chap. 821, Laws of 1913.] § 374. Preservation of ballots. After the last tally sheets and returns are completed, and all the stubs and ballots, except the protested, void and wholly blank ballots, are replaced in the boxes from which they were taken, each box shall be securely locked and sealed, and deposited, by an inspector designated for that purpose, with the officer or board furnishing it, together with the separate sealed package of unused official ballots. The boxes and packages so deposited shall be preserved inviolate for six months after the election, except that they may be opened and their contents examined upon the order of any court of competent jurisdiction. Unless ordered to be preserved by such a court, they shall be opened and their contents destroyed after six months. The protested, void and wholly blank ballots shall be preserved as provided in section four hundred and thirty-seven of this chapter. Any candidate shall be entitled as of right to an examination in person or by authorized agents of any ballots upon which his name lawfully appeared as that of a candidate; but the court shall prescribe such conditions as of notice to other candidates or otherwise as it shall deem necessary and proper. [As amended by chap. 821, Laws of 1913.] § 375. Proclamation of result. Upon the completion of such canvass and of the statements of the result thereof, the chairman of the board of inspectors shall make public oral proclamation of the whole number of votes cast at such election at such polling place for all candidates for each office; upon each proposed constitutional amendment or other question or proposition, if any, voted upon at such election; the whole number of votes given for each person, with the title of the office for which he was named on the ballot; and the whole number of votes given respectively for and against each proposed constitutional amendment or other question or proposition, if any, so submitted. [As amended by chap. 821, Laws of 1913.] § 376. Sealing statements. Each statement of canvass shall then be securely sealed with sealing wax in separate envelopes properly indorsed on the outside thereof by the inspectors, and shall be kept inviolate by the officers or board with whom they are filed until delivered, together with the packages of protested, void and wholly blank ballots, to the county or city board of can[As amended by chap. 821, Laws of 1913.] vassers. § 377. Delivery and filing of papers relating to the election; general provisions. If the election be other than an election of town, city, village or school officers, held at a different time from a general election, the chairman of the board of inspectors of each election district, except in the city of New York, shall forthwith upon the completion of the triplicate statement of the result, deliver one set of returns to the supervisor of the town in which the election district, if outside of a city, is situated, and if in a city, to one of the supervisors of said city. If there be no supervisor, or he be absent or unable to attend the meeting of the county board of canvassers, it shall be forthwith delivered to an assessor of such town or city. One set of returns with tally sheets annexed, together with the poll books of the election, shall be forthwith filed by such inspectors, or by one of them deputed for that purpose, with the town clerk of such town, or the city clerk of such city, as the case may be. The package of protested, void and wholly blank ballots and the third set of returns with tally sheets annexed shall, within twenty-four hours after the completion of such canvass, be filed by the chairman of the board of inspectors, with the board of elections of the county in which the election district is situated. The register of electors and public copy thereof shall be filed as prescribed in section one hundred and eighty of this chapter. The poll book containing the signatures of the electors who have voted at an election and all "identification statements for election day" received thereat shall within forty-eight hours after the close of the canvass be filed in person or by mail by the poll clerk of each election district having charge of such book, with the state superintendents of elections in such one of their offices as they may in writing designate. [As amended by chap. 649, Laws of 1911, and chap. 821, Laws of 1913.] § 378. Delivery and filing of papers in the city of New York. In the city of New York the package of protested, void and wholly blank ballots and one set of returns with tally sheets annexed, together with one of the poll books, shall be filed by the chairman of the board of inspectors within twenty-four hours after the completion of the canvass with the county clerk of the county within which the election district is located. One set of returns with tally sheets annexed and the other poll book shall be filed within such time with the board of elections or with the chief clerk of the branch office of the board of elections, as the case may be, in the borough within which the election district is located, by an inspector designated by the board of inspectors for that duty, and the third set of returns with the city clerk, by an inspector designated by the board of inspectors for that duty. In election districts in the city of New York, the boards of inspectors of election must, at the same time that they make and sign the aforesaid returns, make a certified copy of so much thereof as relates to any candidate for member of assembly, senator, or representative in congress, voted for both in said election. district and in any part of any county not within the city of New York, and such certified copy must, within twenty-four hours after the completion of the canvass by the inspectors, be filed by the chairman of the board of inspectors with the clerk of the county outside of the city of New York in which such officers or any of them are voted for at such election. [As amended by chaps. 274 and 649, Laws of 1911, and chap. 821, Laws of 1913.] § 380. Delivery and filing of papers in the county of Erie. In the county of Erie one return with tally sheets annexed shall be filed forthwith by one inspector deputed for that purpose, with the clerk of the town, or the clerk of the city of Buffalo, or the clerk of the city of Tonawanda, as the case may be, and one return with the clerk of the county of Erie. The package of protested, void and wholly blank ballots and the third return with tally sheet annexed shall, within twenty-four hours after the completion of such canvass, be filed by the chairman of cach board of inspectors with the commissioner of elections. All poll lists for the various election districts in the city of Buffalo shall be filed with the commissioner of elections, and those for the city of Tonawanda with the clerk of such city, and those for the towns in Erie county with the town clerks thereof. [As amended by chap. 821, Laws of 1913.] § 381. Judicial investigation of ballots. If any statement of the result of the canvass in an election district shall show that of the ballots counted at an election therein were proany tested or were canvassed as wholly blank or void, a writ of mandamus may, upon the application of any candidate voted for at such election in such district, within twenty days thereafter, issue out of the supreme court to the board or body of canvassers, if any, of the return of the inspectors of such election district, and otherwise to the inspectors of election making such statement, requiring a recanvass of such ballots. If the court shall, in the proceedings upon such writ, determine that any such ballot was improperly canvassed, it shall order the error to be corrected, Boards of inspectors of election districts, and boards of canvassers, shall continue in office for the purpose of such proceedings. [As amended by chap. 821, Laws of 1913.] 1 ARTICLE 11 Voting Machines Section 390. State voting machine commissioners. 396. Payment for machines. 397. Form of ballots. 398. Sample ballots. 399. Number of official ballots. 400. Preparation of voting machine for election. 401. Instruction of election officers. 402. Instruction of voters before election. 403. Independent nominations.* 404. Distribution of ballots and stationery. 405. Tally sheets. 406. Unofficial ballots. 407. Opening the polls. 408. Independent ballots. 409. Location of machines; guard-rail. 410. Manner of voting. 411. Instructing voters. 412. Illiterate or disabled voters. 413. Canvass of vote and proclamation of result. 415. Disposition of keys; opening counter compartment. 1 As renumbered by chap. 800, Laws of 1913. * Repealed by chap. 821, Laws of 1913. Section 417. Application of other articles and penal law. 418. When ballot clerks not to be elected. 419. Number of voters in election districts. 420. Definitions. 421. Saving clause. § 390. State voting machine commissioners. There shall be a state board of voting machine commissioners which shall consist of three commissioners to be appointed by the governor every five years, one of whom shall be an expert in patent law and two of whom shall be mechanical experts. Their successive terms of office shall begin on the first day of January of every fifth year dating from nineteen hundred and three and end on the thirtyfirst day of December. Any commissioner now in office or hereafter appointed may be removed at the pleasure of the governor, and vacancies shall be filled by the governor for any unexpired term. No voting machine commissioner shall have any pecuniary interest in any voting machine. § 391. Examination of voting machine. Any person or corporation owning or being interested in any voting machine may apply to the state board of voting machine commissioners to examine such machine and report on its accuracy, efficiency and capacity to register the will of voters. The commissioners shall examine the machine and report accordingly. Their report shall be filed in the office of the secretary of state and shall state whether in their opinion the kind of machine so examined can be safely used by such voters at elections, under the conditions prescribed in this article. If the report states that the machine can be so used, it shall be deemed approved by the commissioners and machines of its kind may be adopted for use at elections as herein provided. When the machine has been so approved, any improvement or change that does not impair its accuracy, efficiency or capacity shall not render necessary a re-examination or re-approval thereof. Any form of voting machine not so approved, or which has not been heretofore examined by said commissioners and reported on pursuant to law and its use specifically authorized by law, can not be used at any election. Each commissioner is entitled to one hundred and fifty doilars for his compensation and expenses in making such examination and report, to be paid by the person or corporation applying for such examination. |