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four hundred electors. Each election district shall be compact in form, and in the city of New York, wholly within one assembly district, and in the city of Brooklyn, wholly within one ward. No election district shall contain portions of two congressional or assembly districts. Such election districts so established shall not again be changed until at some general election for the office of governor, the number of registered voters therein shall ex. ceed six hundred, except where changes are made necessary by a change in the boundaries of congressional or assembly districts or ward lines, provided, however, that when the number of registered voters in any election district shall, for two consecutive years,
be less than two hundred and fifty, such district inay be consolidated with contiguous election districts in the discretion of such boards respectively. If a town shall include a city, or a portion of a city, only such election districts as are wholly outside of the city shall be deemed election districts of the town, except for the purpose of town meetings.
$ 9. Maps and certificates of boundaries of election districts.When a ward of a city or an assembly district within a city shall be divided into two or more election districts, the officers or board creating, dividing or altering such election districts, shall forthwith make a map or description of such division, defining it by known boundaries, and cause such map or description to be kept open for public inspection in the office of the city clerk, and cause copies thereof to be posted not less than ten days prior to the first day of registration in each year, in at least ten of the most public places in each election district so created, divided or altered, and shall, prior to every election, furnish copies of such map or description to the inspectors of election in each election district of such ward or assembly district. The officers creating, dividing or altering an election district in a town shall forth with make a certificate or map thereof, exhibiting the districts so created, divided or altered, and their numbers respectively, and file the same in the county clerk's office, and a copy thereof in the town clerk's office, and cause copies of the same to be posted in at least five of the most public places in each election district of such town, and the county clerk shall, , prior to every general election, furnish copies of such maps or certificates to the inspectors of election in each election district of such town, provided such election distriot is not coterminous with the town lines.
§ 10. Designation of places for registry and voting, publi cation of same; and provision of furniture therefor.- On the first Tuesday of September in each year, the town board of each town, and the common council of each city, except New York and Brooklyn, the board of police commissioners of the city of New York and the board of elections of the city of Brooklyn, shall designate the place in each election district in the city or town at which the meeting for the registration of electors and the election shall be held during the year. Each room so designated shall be of a reasonable size, sufficient to admit and comfortably accommodate at least ten electors at a time outside of the guard rails. No building, or part of a building, shall be so designated in any city if within thirty days before such designation, intoxicating liquors, ale or beer, shall have been sold in any part thereof. No room shall be so designated elsewhere than in a city, if within thirty days before such designation intoxicating liquors, ale or beer, shall have been sold in such room, or in a room adjoining thereto, with a door or passageway between the two rooms. No intoxicating liquors, ale or beer shall be sold in such building in a city or such room or adjoining room elsewhere after such designation and before the general election next thereafter, or be allowed in any room in which an election is held during the day of the election or the canvass of the votes. Any person or persons violating the provisions of this section shall be deemed guilty of a misdemeanor. If any place so designated shall thereafter and before the close of the election be destroyed, or for any reason become unfit for use, or cannot for any reason be used for such purpose, the officers charged with the designation of a place for such election shall forthwith designate some other suitable place for holding such election. Not more than one polling place shall be in the same room, and not more than two polling places shall be in the same building. The officers authorized to designate such places in any town or city, shall provide for each polling place at such election, the necessary ballot and other boxes, guard rails, voting booths and supplies therein, and the other furniture of such polling place, necessary for the lawful conduct of each election thereat, shall preserve the same when not in use, and shall deliver all such ballot and other boxes for each polling place, with the keys thereof, to the inspectors of election of each election district at least one-half hour before the opening of the polls at
each election. The officers authorized to designate the registration and polling places in any city shall cause to be published in two newspapers within such city a list of such places so designated, and the boundaries of each election district in which such registration and polling place is located except that in the city of Brooklyn such publication shall be made in the newspapers designated as corporation newspapers for said city. Such publication shall be made in the newspapers so selected upon each day of registration and the day of election, and on the day prior to each such days. One of such newspapers so selected shall be one which advocates the principles of the political party polling the highest number of votes in the state at the last preceding election for governor, and the other newspaper so designated shall be one which advocates the principles of the political party polling the next highest number of votes for governor at said election.
$ 11. Election officers; designation, number and qualifications. There shall be in every election district of this state the following election officers, namely, four inspectors, two poll clerks and two ballot clerks, whose term of office shall be for one year from the date of their appointment or election, and who shall serve at every general or special election held within their districts during such term. No person shall act as an inspector of election, poll clerk or ballot clerk who is not a qualified elector of the city, or of the election district of the town in which he is to serve, of good character, able to read and speak the English language understandingly, and to write it legibly, or who is a candidate for
any office to be voted for by the electors of the district at the election at which he is to serve, except inspector of election; or, who has been convicted of a felony, or who holds any other public office or place of public trust, except notary public or commissioner of deeds, town or village assessor, justice of the peace, village trustee, water commissioner, officer of a school district, overseer of highway, who is employed in any public office or by any public officer whose services are paid for out of the public moneys. Each class of such officers shall be equally divided between the two political parties which, at the last preceding election for governor, polled the highest number of votes for such office in the state.
Am'd ch. 410, 1897. In effect, May 10, 1897.
Where, under the provisions of chapter of 1891, two inspectors of election were elected, and one appointed in one of the election districts
of the city of Rochester, at the charter election in March, 1892, anal at their first meeting in October of the same year, they appointed a poll cierk of this district to serve, and who did serve as such, at the general election held in the following November, the poll clerk in question was held to have been duly appointed under this section and section 14 of the Pub!!c. Officers Law. Howe v. The City of Rochester, 86 Hun, 3.
$ 12. Appointment and qualifications of election officers in cities. — Subdivision 1. On or before the first day of October in each year, the board of police commissioners of the city of New York, the board of elections of the city of Brooklyn, and the mayor of each other city, shall select and appoint the election officers for each election district in their respective cities; and shall severally have the power to fill all vacancies which may arise before the opening of the polls on election day. To insure the bipartisan character of such board or body of election officers required by the election law, each political party entitled to representation in such board or body shall have the right, not later than the first day of August in each year, to prepare and file with the board or officer empowered to make the appointment, as herein provided, a list of persons, members of such party, duly qualified to serve as election officers. In the cities of New York and Brooklyn such list shall be authenticated and filed by the chairman of the executive committee of the general city or county committee of the party; 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 (mbracing their names was authenticated, and he or they shall have the right within ten days after the personal delivery or mailing to him or them of such notice, to file a supplemental list proposing the name of suitable members of his or their party for appointment in lieu of those thus rejected; provided, however, that the substitutes thus proposed shall also be subject to examination and rejection if found disqualified. If either party entitled to propose election officers, as herein provided, shall fail to authenticate and file such a list on or before the first day of August, or if any of the persons named therein shall be found disqualified, or 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 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 cities of New York and Brooklyn, the two members of the respective boards 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 list 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 person appointed
an election officer shall, within five days after notice of his appointment, take and subscribe the constitutional and statutory oaths of office, which shall be administered, if in the city of New York by the chief of the bureau of elections, or the chief clerk of said bureau; if in the city of Brooklyn, by any member of the board of elections of said city, or any clerk or clerks designated by said board for that purpose; and if in any other city, by the mayor thereof, or by any person or persons designated by him for that purpose; and all of said officers, and every clerk or person so designated by them or him for that purpose, shall be and is hereby authorized and empowered to administer such oaths. Every person so sworn as an election officer shall receive a certificate of appoint. ment and qualification, signed by the person who administered