CHAPTER 379 OF 1897

7

within such city, as constituted by the Greater New York charter; in other cities, by the chairman and secretary of the general, city or county committee of such party, if there be such a committee, or, if not, then by the corresponding officers (by whatever name known) of any committee performing the usual functions of a city or county committee; provided, however, that if in any city more than one such list be submitted in the name or on behalf of the same political party, only that list shall be accepted which is authenticated by the proper officer or officers of the faction or section of such party, which was recognized as regular by the last preceding state convention of such party; or, where no such convention has been held within the year, by the proper officer of the faction or section of said party which, at the time of the filing of said list, is recognized as regular by the state committee of such party, which was organized by or pursuant to the direction of the last preceding state convention of such party. All persons so proposed for appointment may be examined as to their qualifications by or under the direction of the board or officer charged with the duty of making the appointment; and if found duly qualified they shall be appointed to the respective positions for which they were recommended. If any of them are found disqualified, notice in writing of that fact shall be promptly given to the person or persons by whom the list embracing their names was authenticated, and the vacancy shall be filled by the appointment of a qualified person named in the supplemental list of party representatives heretofore provided for. If either party entitled to propose election officers, as herein provided, shall fail to authenticate and file such lists on or before the first day of August, or if any of the persons named therein shall be found disqualified, and if no supplemental list be filed, as herein provided, or if, one or more persons named in such supplemental list be found disqualified, then such board or officer shall, if necessary, proceed to select in such manner as may seem to them or him feasible from the members of the party or parties in default, or whose nominees have been found disqualified, and shall appoint suitable persons to act as election officers. In The City of New York the members of the board charged with the duty of appointing election officers, who represent the same political party, shall have the exclusive right and be charged with the exclusive duty of selecting from the lists submitted, or in lieu of persons named on such list who shall have been found disqualified, the members of such party

who are to be appointed as election officers. Every pointed as an election officer shall, within five days a of his appointment, take and subscribe the constitu statutory oaths of office, which shall be administered City of New York, by the superintendent of elections chief of the branch bureau of elections in the boroug they are appointed to serve, or the chief clerk, or assi of such bureau designated by the police board to pe duty; and if in any other city, by the mayor thereof, person or persons designated by him for that purpose said officers, and every clerk or person so designated him for that purpose, shall be and is hereby authoriz powered to administer such oaths. Every person so s election officer shall receive a certificate of appoin qualification, signed by the person who administered t such form as may be approved by the board or office or whom he was appointed, and specifying the capaci election district in which he is to serve, and the date piration of his term of office. Any election officer so may be removed for cause, by the board or mayor n appointment, in which case such removal, unless m such officer is actually on duty on the day of regist vision of registration or election, and for improper an election officer, shall only be made after notice in the officer to be removed, which notice shall set forth distinctly the reason for his removal. The said boar may delegate to the superintendent of elections of T New York, and to the chief of a branch bureau of ele power to remove election officers for cause, on any day tion or election. Any election officer who shall at a appointed to fill a vacancy, which fact shall be stated tificate of appointment, shall hold office only during the term of his predecessor, and provided that no election be transferred from one election district to another af entered upon the performance of his duties. The chairm board of inspectors of each election district shall, with four hours after any election, furnish to the mayor or boa ing such officers, if required so to do by such mayor or bo his hand, a certificate stating the number of days of act of each member of such board, the names of the persons

days during which the store or building hired for registration and election purposes was actually used for such purposes. Any person acting as such chairman, who shall willfully make a false certificate, shall be deemed guilty of a misdemeanor. Every person appointed as an election officer, failing to take and subscribe the oath of office as herein before provided, or who shall willfully neglect or refuse to discharge the duties to which he was appointed, shall, in addition to the other penalties prescribed by law, be liable to a fine of one hundred dollars, to be sued for and recovered by the mayor or board making the appointment in a court of record, for the use and benefit of the treasury of such city. Any election officer who, being removed for cause, shall fail upon demand to deliver over to his successor the register of electors, or any tally sheets, book, paper, memorandum or document relating to the election in his possession, so far as he has made it, shall be liable to a like penalty to be recovered in a like manner for the benefit of such city. All persons appointed and serving as election officers on each of the days of registration and of election and of canvass of the votes in cities of the first class shall be exempt from jury duty for one year from the date of the general election at which they serve.

§ 6. Section eighteen of said act is hereby amended so as to read as follows:

PAYMENT OF ELECTION EXPENSES.

§ 18. The expense of providing polling places, voting booths, supplies therefor, guard rails and other furniture of the polling place, and distance markers, and the compensation of the elec tion 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, city or village elections not held at the same time as a general election, and of printing the list of nominations therefor shall be a charge upon the town, city or village in which the 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 th included within The City of New York, at any other no town meeting, city or village election be held at th therewith, and of printing the lists of nominations th be a charge upon such county. The expense of print livering the official ballots, sample ballots and cards of poll books, tally sheets, return sheets for inspectors clerks and distance markers, to be used in any such co such other election, and of printing the lists of therefor, if the town meeting, city or village election such county at the same time therewith, shall be app the county clerk between such town, city or villag county, in the proportion of the number of candidate city or village officers on such ballots, respectively, t number of candidates thereon, and the amount of su so apportioned to each such municipality shall be a cha All expenses relating to or connected with election incurred by the police board of The City of New York charge on such city, and after being audited by the pr shall be paid by the comptroller of said city upon the c such board. The county clerk of each county, not sal be paid by such county a reasonable compensation for in carrying out the provisions of this chapter, to be fi board of supervisors of the county, or the board acti board of supervisors. The town clerk of each town sh by such town a reasonable compensation for his servic ing out the provisions of this chapter, to be fixed by members of the town board of the town. Ballot clerk sons acting as such, shall receive the same compensatio attendance at an election, as inspectors of election for th and be paid in like manner. Poll clerks shall receive compensation for their attendance at an election and the votes as inspectors of election and shall be paid in li An inspector of election, except in The City of New Yor required to file papers in the county clerk's office, shall, resides in the city or town in which such office is si entitled to receive as compensation therefor five dollars four cents a mile for every mile actually and necessaril between his residence and such county clerk's office in go returning from such office. In cities of the first class, t

ted and serving as inspectors of election shall r

dollars for the hours fixed by law for each day of registration, and of revision of registration for a special election, and five dollars for the hours fixed by law for the election, and five dollars for the canvass 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 canvass of the votes, and the ballot clerks shall receive five dollars each. Such officers shall be paid by the comptrollers of the respective cities upon the certificate of the board appointing them.

§ 7. Section nineteen of said act is hereby amended so as to read as follows:

DELIVERY OF ELECTION LAWS TO CLERKS, BOARDS AND ELECTION

OFFICERS.

§ 19. The secretary of state shall at least sixty days before each general election held after this act takes effect cause to be prepared a compilation of all the laws relating to elections in cities, towns, and villages then in force with annotations and explanatory notes and blank forms, properly indexed, and shall procure the same to be printed wherever he deems it desirable for the best interests of the state, and transmit to the county clerk of each county, except New York, Kings and Richmond counties, and to the superintendent of elections located in the borough of Manhattan and to the chief of the branch bureau of elections in each other borough of The City of New York a sufficient number of copies thereof, to furnish one such copy to the county clerk and to said superintendent and to each of said chiefs of bureaus of elections 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 lost or mutilated copies before delivery thereof to election officers. The county clerk of each county, except those counties the whole of which are included within The City of New York, shall forthwith transmit one of such copies to each of such officers in such county, and not in The City of New York, and said superintendent and the chief of each branch bureau of elections of the boroughs of The City of New York shall forthwith transmit one of such copies to each such officer in his borough. 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