§ 182-a. Special instructions to voters to be prepared for the year nineteen hundred and fourteen. The secretary of state shall prepare and cause to be printed and furnished to the various boards of elections, in time and manner as provided in section one hundred and eighty-two for other supplies, printed instructions to voters, in brief and concise form, explaining the difference between the form of ballot used at former general elections and the form of ballot provided for in section three hundred and thirty-one of this chapter as amended by chapter eight hundred and twenty-one of the laws of nineteen hundred and thirteen, and explaining the requirements of marking the latter hallot so that the voter may effectually vote for the candidates for all offices to be filled. The instructions provided for in this section shall only be prepared and supplied prior to the first day of registration in the year nineteen hundred and fourteen. The various boards of elections shall supply the election officers in each election district within the jurisdiction of any such board where personal registration is required, before the opening of registration on the first day of registration, with a sufficient number of copies of such printed instructions to supply each voter with one copy. The delivery of such instructions shall be made through town and city clerks and otherwise as provided in section one hundred and eighty-two for the delivery of other supplies. [As added by chap. 243, Laws of 1914.] § 183. Delivery of previous registers and poll books to inspectors. Each town clerk with whom the register of the last preceding general election in any election district, elsewhere than in a city or wholly within a village having five thousand inhabitants or more, shall have been filed, shall cause such register and one of the poll books to be delivered to the board of inspectors of such district at the opening of its first meeting for the registration for any election. If a new election district shall have been formed in a town since such general election, the clerk of such town shall, before the first meeting for registration thereafter in such new election dis trict, make a certified copy of each register for such general election of each election district out of which such new district shall have been formed, and shall cause such certified copy to be delivered to the board of inspectors of such new election district at the opening of such meeting for registration. Such board, at such meeting, shall place upon the register of voters all persons whose names are upon such copies who are qualified to vote in such election district at the election for which such meeting is held, except the names of persons who are required to personally appear for registration. If a new election district shall have been formed in a city since such general election, the clerk or board with whom the register of voters for such last preceding general election shall have been filed shall, before the meeting of the inspectors of election of such new district for registration for any other election, make a certified copy of each register of voters for such last preceding general election of each election district out of which such new election district is formed, and the inspectors of such new election district shall, at such meeting for registration for such election, place upon the register of voters the names of all persons upon such copies who are qualified to vote in such election district at the election for which such meeting is held. § 184. Penalties. Any applicant for registration, inspector or other person who shall incorporate or cause to be incorporated any false statement in any challenge affidavit shall be deemed guilty of perjury. Except as provided in this article any person who shall wilfully suppress, alter, destroy or mutilate any signed challenge affidavit or official copy thereof shall be deemed guilty of a felony. Any person knowingly taking a false oath before the board of inspectors shall upon conviction thereof be punished as for wilful and corrupt perjury. Any person who shall alter, mutilate, destroy or remove from the place of registration the public copy of registration shall be guilty of a felony, and shall be punished upon conviction thereof by imprisonment in a state prison for not less than two nor more than five years, unless otherwise provided by law. Any person who signs and mails or delivers to the custodian of primary records an enrollment blank as provided in this chapter, which shall be false in any respect or with intent to mislead, or any person who induces or attempts to induce any person so to do, is guilty of a misdemeanor. The fact that such statement is untrue shall be prima facie proof that it is false and intended to mislead. Any person who shall make, sign, file or cause to be filed, certify or attest any false application for registration as required by sections one hundred and fifty-eight and one hundred and fifty-nine of this chapter, or any person who shall alter, mutilate, destroy or remove any such application from the place of registration, shall be guilty of a felony and shall be punished upon conviction thereof by imprisonment in a state prison for not less than two years nor more than five years, unless otherwise provided by law. [As amended by chaps. 587 and 820, Laws of 1913.] ARTICLE 7 11 Board of Elections Section 190. Boards of elections established. 191. Appointment, term and qualifications of commis- 192. Organization of board; rules and reports. 194. Recommendations for appointment of commission- 195. Filling vacancies in board. 196. Bi-partisan character of board. 197. Appointment of employees. 198. General office and branches. 199. Duty of police to aid board of elections. 200. Expenses of board of elections. 201. Disposition of registers and unused ballots. 202. 12 Custodian of primary records. 203. 12 Official seal. 204. 12 Filing statement of canvass, tally sheets and pollbooks. 205. 12 Notices. 206. 12 Transfer of records; devolution of powers. 207. 12 Office hours, rules and regulations of boards of elections. 208. 12All records to be public; records of transactions of the boards of elections. § 190. 13Boards of elections established. There shall be a board of elections in every city of the first class in 11 Title of article amended by chap. 649, Laws of 1911. 12 Sections 202 to 208, inclusive, added by chap. 640, Laws of 1911. 13 Section 4, chap. 406, Laws of 1912, also provides as follows: "In any county in which the number of the commissioners constituting the board of elections is reduced by the provisions of this act, the board of supervisors shall, within thirty days after this act takes effect, designate the two members of such board of opposite political faith who shall retire therefrom. Upon the adoption of a resolution to that effect, the terms of office of such retiring members shall cease and determine and the remaining members shall thereafter constitute, until the expiration of their terms, the board of elections of such county." this state which does, or shall, contain within its boundaries more than one county, to consist of four persons. There shall be a board of elections in each of the other counties of the state, but in counties having a population of less than one hundred and twenty thousand inhabitants such board shall consist of two persons. In other counties of the state such board shall consist of two or four members as the board of supervisors of the county may by resolution determine. In every such other county where four commissioners of election have been appointed and the number of said commissioners is reduced to two, the board of supervisors shall within sixty days after this amendment takes effect reduce the number of commissioners to two by designating the two who are to continue; and from the time of such designation the offices of the others shall be deemed abolished. Except in the city of New York the salaries of such commissioners and their expenditures for clerk hire shall be fixed by the board of supervisors of each county, but shall not exceed the following amounts: In each county having a population of less than ninety thousand and which does not contain within its boundaries at least three cities of the third class the salary of a commissioner shall not exceed one thousand dollars, and the expenditure for clerk hire, including stenographer, each year, shall not exceed fifteen hundred dollars. In each county having a population of less than ninety thousand and containing within its boundaries at least three cities of the third class and in each county having a population of ninety thousand and less than one hundred and twenty thousand the salary of a commissioner shall not exceed fifteen hundred dollars, and the expenditure for clerk hire, including stenographer, each year, shall not exceed three thousand dollars each year. In each county having a population of one hundred and twenty thousand and less than five hundred thousand the salary of a commissioner shall not exceed three thousand dollars, and the expenditure for clerk hire, including stenographer each year, shall not exceed five thousand dollars. In each county having a population of five hundred thousand and less than a million the salary of a commissioner shall not exceed three thousand dollars. The population of the various counties of the state referred to in this section shall be fixed and determined according to the latest preceding federal census, or state enumeration. Not more than two of such commissioners, if the board of elections consist of four members, and not more thar one of such commissioners if said board consists of two members shall belong to the same political party or be of the same politica opinion on state or national politics. The persons composing such boards of elections shall be designated "commissioners of elections." Each of the said boards of elections shall be and is hereby charged with the duty of executing the laws relating to all elections held within their respective cities or counties, except as otherwise provided by law. [As amended by chaps. 649 and 740, Laws of 1911, chap. 406, Laws of 1912, chaps. 800 and 820, Laws of 1913.] § 191. Appointment, term and qualifications of commissioners of elections. All commissioners of elections shall be appointed by the board of supervisors of the county in which such board of elections is located and in the city of New York by the board of aldermen of such city. The supervisors of each county and the members of the board of aldermen of the city of New York shall appoint the commissioners of elections for their respective counties and the city of New York. Such appointment shall be evidenced by the supervisors of each county or the board of aldermen of the city of New York making such appointments, executing a certificate substantially as follows: 66 'We, the undersigned, comprising the supervisors of ... county (the members of the board of aldermen of the city of New York) do hereby, pursuant to the election law, appoint residing at a commissioner of elections for said county. "In witness whereof we have hereunto subscribed our names and the towns or wards (aldermanic districts) we represent, this day of.... 19.... and shall acknowledge said certificate. Said certificate shall thereupon be filed in the office of the county clerk of said county and said county clerk shall immediately upon such filing notify the secretary of state of such appointments. All such appointments shall be for the full term of two years, beginning at twelve o'clock noon of January first in each odd numbered year. Each of the said commissioners of elections shall be at the time of his appointment a resident and an elector of the political subdivision for which he is appointed. A commissioner of elections may, while holding such office, hold one of the following offices: Notary public, commissioner of deeds, police justice of a village, trustee or officer of a common or union school district outside of a city, justice of the peace of a town, and any other office filled by election or appointment within or for a town or village, or district or subdivision of either, except supervisor, town clerk, inspector of election, poll clerk or ballot clerk. Such commissioner |