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Section 10. Designation of places for registry and voting.
11. Election officers; designation, number and qualifica
tions. 12. Appointment and qualification of election officers in
cities. 13. Election officers in towns. 14. Organization of boards of inspectors; supplying
vacancies and absences. 15. Preservation of order by inspectors. 16. Ballot boxes. 17. Voting booths and guard-rails. 18. Payment of election expenses. 19. Delivery of election laws to clerks, boards and elec
tion officers. Section 1. Short title.- This chapter shall be known as the election law.
These sections of the Election Law seem to confine its scope and application to general elections and special elections to fill vacancies in office. Matter of Taylor (Sup. Ct., 2 , D., 1896), 3 App. Div. 244.
The Election Law does not apply to an election held to determine the question of the incorporation of a proposed village. Id. Such an election is properly conducted under the general act for the incorporation of villages. (Chap. 291 of 1870.) Id.
§ 2. Date of general election.-A general election shall be held annually on the Tuesday next succeeding the first Monday in November.
§ 3. Time of opening and closing polls. The polls of every general election, and, unless otherwise provided by law, of every other election shall open at six o'clock in the forenoon and shall close at five o'clock in the afternoon. There shall be no adjournment or intermission until the polls are closed.
The rules prescribed by statute for the conduct of elections are directory, not jurisdictional, in their character. People v. Cook, 8 N. Y. 67. The provision of the statute as to the time of opening and closing the polls is directory. Id.
The provision of the Election Law that the polls shall close ai four o'clock was held, in Matter of Smith, 18 N. Y. State Repr. 785, to be constitutional and legal, and a mandamus will not lie extending the time, though asked for the purpose of preventing lawful voters from being cut off from their right to vote. The provision was held to mean, not the closing of the polling place, but of the polling of votes, and, though citizens may be in line ready to vote at four o'clock, their votes can not be received after that time.
§ 4. Filling vacancies in elective offices.-A vacancy occurring before October fifteenth of any year in any office authorized to be filled at a general election, shall be filled at the general election held next thereafter, unless otherwise provided by the constitution, or unless previously filled at a special election. Upon the failure to elect to any office, except that of governor or lieutenant-governor, at a general or special election, at which such office is authorized to be filled, or upon the death or disqualification of a person elected to office before the commencement of his official term; or upon the occurrence of a vacancy in any elective office which can not be filled by appointment for a period extending to or beyond the next general election at which a person may be elected thereto, the governor shall make proclamation of a special election to fill such office, specifying the district or county in which the election is to be held, and the day thereof, which shall be not less than twenty nor more than forty days from the date of the proclamation. A special election shall not be held to fill a vacancy in the office of a representative in congress unless such vacancy occurs on or before the first day of July of the last year of the term of office, or unless it occurs thereafter and a special session of congress is called to meet before the next general election, or be called after October fourteenth of such year; nor to fill a vacancy in the office of state senator, unless the vacancy occurs before the first day of April of the last year of the term of office; nor to fill a vacancy in the office of a member of assembly, unless occurring before the first day of April in any year, unless the vacancy occurs in either such office of senator or member of assembly after such first day of April and a special session of the legislature be called to meet between such first day of April and the next general election or be called after October fourteenth in such year. If a special election to fill an office shall not be held as required by law, the office shall be filled at the next general election.
§ 5. Notices of elections by secretary of state and county clerk. - The secretary of state shall, at least three months before each general election, make and transmit to the county clerk of each county, the board of police commissioners of the city of New York and the board of elections of the city of Brooklyn, a notice under his hand and official seal, stating the day upon which such election shall be held, and stating each officer, except city, village and town officers, who may be lawfully voted for at auch election by the electors of such county or any part thereof. If any such officer is to be elected to fill a vacancy, the notice shall so state. The secretary of state shall forth with, upon the filing in his office of the governor's proclamation ordering a special election, make and transmit to each county clerk, the board of police commissioners of the city of New York and the board of elections of the city of Brooklyn, a like notice of the officers to be voted for at such special election in such county or any part thereof, and cause such proclamation to be published in the two newspapers published in such county having the largest circulation therein, at least once a week until such election shall be held. Each county clerk shall forthwith, upon the receipt of either such notice, file and record it in his office, and shall cause a copy of such notice to be published once in each week until the election therein specified in the newspapers designated to publish election notices. He shall also publish as a part of such notice, each city, village and town officer who may lawfully be voted for at such election by the electors of such county or any part thereof.
$ 6. Notice of submission of proposed constitutional amendments or other propositions or questions.- Every amendment to the constitution proposed by the legislature, unless otherwise provided by law, shall be submitted to the people for approval at the next general election, after action by the legislature in accordance with the constitution; and whenever any such proposed amendment to the constitution or other proposition, or question provided by law to be submitted to a popular vote, shall be submitted to the people for their approval, the secretary of state shall include in his notice to the county clerk, the board of police commissioners of the city of New York, and the board of elections of the city of Brooklyn, of the general election, a copy of such amendment, proposition or question, and if more than one such amendment, proposition or question is to be voted upon at such election, such amendment, proposition or question, respectively, shall be separately and consecutively numbered. If such amendment, proposition or question is to be submitted at a special election, the secretary of state shall, at least twenty days before the election, make and transmit to each county clerk, the board of police commissioners of the city of New York, and the board of elections of the city of Brooklyn, a like notice. Each county clerk shall, forthwith upon the receipt of such notice, file and record it in his office, and shall cause a copy
of such notice to be published once each week until the election therein specified, in the newspapers designated to publish election notices.
$ 7. Publication of concurrent resolutions, proposed constitutional amendments and other propositions. The secretary of state shall cause each concurrent resolution of the two houses of the legislature, agreeing to a proposed amendment to the constitution, which is referred to the legislature to be chosen at the next general election of senators, to be published once a week for three months next preceding such election, in two newspapers published in each county, representing the two political parties polling the highest number of votes at the then last preceding general election, and in one additional newspaper published in each county for every one hundred thousand people in such county, as shown by the then last preceding federal or state enumeration. Such additional newspapers shall be selected by the secretary of state with reference to making such publication in newspapers having the largest circulation in the county in which they are published. If such resolution does not state that such proposed amendment is so referred to such legislature, the secretary of state shall publish, in connection with the publication of such concurrent resolution, a statement that such amendment is referred to the legislature to be chosen at the next general election. The secretary of state shall cause such proposed amendment to the constitution or other proposition or question, which is by law to be submitted to the electors of the 'state at a general or special election, to be published for a like period before such election in newspapers selected in like manner, together with a brief statement of the law or proceedings authorizing such submission, the fact that such submission will be made and the reading form in which it is to be submitted. If such proposed amendment or other proposition or question is to be submitted at a special election, to be held less than three months from the time of appointing it, the first publication in each newspaper shall be made as soon as practicable after such appointment, and shall continue once in each week to the time of the election.
$ 8. Creation, division and alteration of election districts.Every town or ward of a city not subdivided into election districts shall be an election district. The town board of every town containing more than four hundred electors, and the common council of every city except New York and Brooklyn, in
which there shall be a ward containing more than four hundred electors, shall, on or before the first day of July in each year, whenever necessary so to do, divide such town or ward respectively into election districts, each of which shall be compact in form, wholly within the town or ward, and shall contain respectively as near as may be, four hundred electors, but no such town or ward shall be again divided into election districts until, at some general election, the number of votes cast in one or more districts thereof shall exceed six hundred; and in such a case the redivision shall apply only to the town or ward in which such district is situated. If any part of a city shall be within a town, the town board shall divide into election districts only that part of the town which is outside of the city. No election district including any part of a city shall include any part of a town outside of a city. A town or a ward of a city containing less than four hundred electors may, at least thirty days before the election or appointment (where appointment is directed to be made by law) of inspectors of election of such town or ward, be divided into election districts by the board or other body charged with such duty when, in the judgment of such board or body, the convenience of the elector's shall be promoted thereby. The creation, division or alteration of an election district outside of a city shall take effect immediately after the next town meeting, and at such next town meeting inspectors of election shall be elected for each election district as constituted by such creation, division or alteration. If the creation, division or alteration of an election district is rendered necessary by the creation or alteration of a town, or ward of a city, it shall take effect immediately, but a new town or ward shall not be created, and no new town or ward shall be subdivided into election districts between the first day of August of any year, and the day of the general election next thereafter. If inspectors are not elected or appointed for such district outside of a city before September the first next thereafter, the town board of the town shall appoint four inspectors of election for such district. On or before the first day of July in the year eighteen hundred and ninetyseven the board of police commissioners of the city of New York and the board of elections of the city of Brooklyn, shall divide such cities respectively into election districts upon the basis of the registration of electors for the general election held in such cities in the year eighteen hundred and ninety-six. Each such election district so established shall contain as near as may be