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Time of Election
Members of
Legislature

Art. III, Sec. 9

Governor and
Lieut.-Governor
Art. IV, Sec. 3

Secretary of State,
Comptroller,
Treasurer, Attorney-
General, State
Engineer
Art. V, Sec. 1

County Judges
Art. VI, Sec. 14

Sheriffs, County
Clerks, District
Attorneys, Registers
Art. X, Sec. 1

Justices of the Peace
Art. VI, Sec. 17

City Officers
Art. XII, Sec. 3

Election Districts
Senate

Art. III, Sec. 3

Apportionment
Senate

Art. III, Sec. 4

tion of such representatives of said parties respectively, as the legislature may direct. Existing laws on this subject shall continue until the legislature shall otherwise provide. This section shall not apply to town meetings, or to village elections.

Section 7. The elections of senators and members of assembly, pursuant to the provisions of this constitution, shall be held on the Tuesday succeeding the first Monday of November, unless otherwise directed by the legislature. (1821, I, 15; 1846, III, 9)

2. The governor and lieutenant-governor shall be elected at the times and places of choosing members of the assembly. (1821, I, 15; 1846, IV, 3)

3. The secretary of state, comptroller, treasurer, attorneygeneral and state engineer and surveyor shall be chosen at a general election, at the times and places of electing the governor and lieutenant-governor.

(1846, V, 1; see 1777, XXII and 1821, IV, 6)

4. The additional county judges whose offices may be created by the legislature shall be chosen at the general election held in the first odd-numbered year after the creation of such office.

5. Sheriffs, clerks of counties, district attorneys, and registers in counties having registers, shall be chosen * * * once in every three years and as often as vacancies shal! happen, except in the counties of New York and Kings, and in counties whose boundaries are the same as those of a city, where such officers shall be chosen * * * once in every two or four years as the legislature shall direct.

(1821, IV, 8; 1846, X, 1; see 1777, XXVI)

6. The electors of the several towns shall, at their annua! town meetings, or at such other time and in such manner as the legislature may direct, elect justices of the peace.

(1846, VI, 17; see 1821, IV, 7)

7. All elections of city officers, including supervisors and judicial officers of inferior local courts, elected in any city or part of a city, and of county officers elected in the counties of New York and Kings, and in all counties whose boundaries are the same as those of a city, except to fill vacancies, shall be held on the Tuesday succeeding the first Monday in November in an odd-numbered year * * *. This section shall not apply to any city of the third class, or to elections of any judicial officer, except judges and justices of inferior local

courts.

Section 8. The State shall be divided into fifty districts to be called senate districts, each of which shall choose one senator. The districts shall be numbered from one to fifty, inclusive.

(1777, XII; amendment of 1801; 1821, I, 5; 1846, III, 3)

Section 9. The said districts shall be so altered by the legislature at the first regular session after the return of every enumeration, that each senate district shall contain as nearly as may be an equal number of inhabitants, excluding aliens, and be in as compact form as practicable, and shall re

Assembly

Art. III, Sec. 5

main unaltered until the return of another enumeration, and shall, at all times, consist of contiguous territory.

(1777, XII; amendment of 1801; 1821, I, 6; 1846, iii, 4)

2. No county shall be divided in the formation of a senate district except to make two or more senate districts wholly in such county.

(1821, I, 6; 1846, III, 4)

3. No town, and no block in a city inclosed by streets or public ways, shall be divided in the formation of senate districts; nor shall any district contain a greater excess in population over an adjoining district in the same county than the population of a town or block therein, adjoining such district. Counties, towns or blocks which, from their location, may be included in either of two districts, shall be so placed as to make said districts most nearly equal in number of inhabitants, excluding aliens.

4. No county shall have four or more senators unless it shall have a full ratio for each senator. No county shall have more than one-third of all the senators; and no two counties or the territory thereof as now organized, which are adjoining counties, or which are separated only by public waters, shall have more than one-half of all the senators.

5. The ratio for apportioning senators shall always be obtained by dividing the number of inhabitants, excluding aliens, by fifty, and the senate shall always be composed of fifty members, except that if any county having three or more senators at the time of any apportionment shall be entitled on such ratio to an additional senator or senators, such additional senator or senators shall be given to such county in addition to the fifty senators, and the whole number of senators shall be increased to that extent.

Section 10. The members of the assembly shall be chosen by single districts and shall be apportioned by the legislature at the first regular session after the return of every enumeration among the several counties of the state, as nearly as may he according to the number of their respective inhabitants, excluding aliens. Every county heretofore established and separately organized except the county of Hamilton, shall always be entitled to one member of assembly, and no county shall hereafter be created unless its population shall entitle it to a member. The county of Hamilton shall elect with the county of Fulton, until the population of the county of Hamilton shall, according to the ratio, entitle it to a member. But the legislature may abolish the said county of Hamilton and annex the territory thereof to some other county or counties.

(1777, IV. V; 1821, I, 7; 1846, III, 5, see amendment of 1801)

2. The quotient obtained by dividing the whole number of inhabitants of the state, excluding aliens, by the number of members of assembly, shall be the ratio for apportionment, which shall be made as follows: One member of assembly shall be apportioned to every county, including Fulton and Hamilton as one county, containing less than the ratio and one-half over. Two members shall be apportioned to every other county. The remaining members of assembly shall be apportioned to the counties having more than two ratios according to the number of inhabitants, excluding aliens. Members apportioned on remainders shall be apportioned to the

Judicial Districts
Art. VI, Sec. 1

counties having the highest remainders in the order thereof respectively. No county shall have more members of assembly than a county having a greater number of inhabitants, excluding aliens.

(See references to preceding paragraph.)

3. In any county entitled to more than one member, the board of supervisors, and in any city embracing an entire county and having no board of supervisors, the common council, or if there be none, the body exercising the powers of a common council, shall assemble on the second Tuesday of June, one thousand eight hundred and ninety-five, and at such times as the legislature making an apportionment shall prescribe, and divide such counties into assembly districts as nearly equal in number of inhabitants, excluding aliens, as may be, of convenient and contiguous territory in as compact form as practicable, each of which shall be wholly within a senate district formed under the same apportionment, equal to the number of members of assembly to which such county shall be entitled, and shall cause to be filed in the office of the secretary of state, and of the clerk of such county, a description of such districts, specifying the number of each district and of the inhabitants thereof, excluding aliens, according to the last preceding enumeration and such apportionment and districts shall remain unaltered until another enumeration shall be made, as herein provided; but said division of the city of Brooklyn and the county of Kings to be made on the second Tuesday of June, one thousand eight hundred and ninety-five, shall be made by the common council of the said city and the board of supervisors of said county, assembled in joint session. In counties having more than one senate district, the same number of assembly districts shall be put in each senate district, unless the assembly districts cannot be evenly divided among the senate districts of any county, in which case one more assembly district shall be put in the senate district in such county having the largest, or one less assembly district shall be put in the senate district in such county having the smallest number of inhabitants, excluding aliens, as the case may require. No town, and no block in a city inclosed by streets or public ways shall be divided in the formation of assembly districts, nor shall any district contain a greater excess in population over an adjoining district in the same senate district, than the population of a town or block therein adjoining such assembly district. Towns or blocks which, from their location, may be included in either of two districts, shall be so placed as to make said districts most nearly equal in number of inhabitants, excluding aliens; but in the division of cities under the first apportionment, regard shall be had to the number of inhabitants, excluding aliens; of the election districts according to the state enumeration of one thousand eight hundred and ninety-two, so far as may be, instead of blocks. Nothing in this section shall prevent the division, at any time, of counties and towns, and the erection of new towns by the legislature.

(See 1846, III, 5)

*

Section 11. The existing judicial districts of the state are continued until changed as hereinafter provided. The legislature may alter the judicial districts once after every enumeration under the constitution, of the inhabitants of the state, and thereupon reapportion the justices to be thereafter elected in the districts so altered. * The legislature may erect out of the second judicial district as now constituted, another judicial district and apportion the justices in office between the districts, and provide for the election of

Members of Legislature

Art. III, Sec. 8

Governor and
Lieutenant-Governor
Art. IV, Sec. 2

Art. IV, Sec. 7

State Engineer Art. V, Sec. 1

Court of Appeals,
Supreme Court and
County Courts
Art. VI, Sec. 20

Court of Appeals
Art. VI, Sec. 7

Appellate Division
Art. VI, Sec. 2

Supreme Court
Justices

Art. VI, Sec. 1

By Election
Members of
Legislature

Art. III, Sec. 2

Governor and
Lieutenant-Governor
Art. IV, Sec. 3

additional justices in the new district not exceeding the limit herein provided [in article X, section 4, paragraph 2].

(1846, VI, 4, 5; VI, 1, as amended 1879; amended 1905)

ARTICLE III

OFFICERS

Qualifications and Disqualifications

Section 1. No person shall be eligible to the legislature, who at the time of his election, is, or within one hundred days previous thereto has been a member of congress, a civil or military officer under the United States, or an officer under any city government.

(1821, I, 11; 1846, III, 8)

2. No person shall be eligible to the office of governor or lieutenant-governor, except a citizen of the United States, of the age of not less than thirty years, and who shall have been five years next preceding his election a resident of this state. * * * The lieutenant-governor shall possess the same qualifications of eligibility for office as the governor. (1821, III, 2; 1846, IV, 2, 7; amendment of IV, 2, 1874)

3. No person shall be elected to the office of state engineer and surveyor who is not a practical civil engineer.

(1846, V, 2)

4. No one shall be eligible to the office of judge of the court of appeals, justice of the supreme court, or, except in the county of Hamilton, to the office of county judge or surrogate, who is not an attorney and counselor of this

state.

(1846, VI, 21, as amended, 1869)

5. No justice shall serve as associate judge of the court of appeals, except while holding the office of justice of the supreme court.

(1894, VI, 7, as amended 1899)

* *

6. [The presiding justice of an appellate division of the supreme court] shall be a resident of that department. * A majority of the justices * ** designated to sit in the appellate division in each department shall be residents of that department.

7. [Justices of the supreme court] shall reside in [their respective judicial districts.]

(1846, VI, 6, as amended 1869 and 1879)

Methods of Selection

Section 2. [Senators and members of assembly shall be elected by popular vote.]

(1777, IV, XI; 1821, I, 2; 1846, III, 2)

2. [The governor and lieutenant-governor shall be elected by popular vote.] The persons respectively having the highest number of votes for governor and lieutenant-governor shall be elected; but in case two or more shall have an equal and the highest number of votes for governor, or for lieutenantgovernor, the two houses of the legislature at its next annual session shall forthwith, by joint ballot, choose one of the

Secretary of State,
Comptroller,

Treasurer, Attorney-
General, State
Engineer

Art. V, Sec. 1

Court of Appeals
Art. VI, Sec. 7

Supreme Court
Art. VI, Sec. 1

County Judges
Art. VI, Sec. 14

Surrogates

Art. VI, Sec. 15

Sheriffs, County
Clerks, District
Attorneys, Registers
Art. X, Sec. 1

Justices of Peace-
Towns

Art. VI, Sec. 17

Justices of Peace,
District Court
Justices-Cities
Art. VI, Sec. 17

Appointment

By the Legislature
Art. III, Sec. 10

By the Governor
Art. V, Sec. 7

Art. VI, Sec. 2

said persons so having an equal and the highest number of votes for governor or lieutenant-governor.

(1777, XVII, XX; 1821, III, 3; 1846, IV, 3)

3. [The secretary of state, comptroller, treasurer, attorney-general and state engineer and surveyor shall be elected by popular vote.]

(1846, V, 1, 2, see 1821, IV, 6 and 1777, XXII)

4. [The justices of the court of appeals] shall be chosen by the electors of the state [except as designations are made by the governor as provided in article III, section 3, paragraph 4.] (1846, VI, 2, as amended 1869, see 1846, VI, 2, 12)

5. The successors of [the] justices [of the supreme court] shall be chosen by the electors of their respective judicial districts.

(1846, VI, 4, 12; 1869, VI, 13)

6. All county judges, including successors to existing judges, shall be chosen by the electors of the counties. (1846, VI, 15, as amended, 1869, see 1846, VI, 14)

7. [The] successors [of the surrogates] shall be chosen by the electors of their respective counties.

(See 1846, VI, 15, as amended, 1869)

8. Sheriffs, clerks of counties, district attorneys, and registers in counties having registers, shall be chosen by the electors of the respective counties.

9.

(1821, IV, 8; 1846, X, 1, see 1777, XXVI)

[Justices of the peace of towns shall be elected by the electors of the several towns.]

(1846, VI, 18, see 1821, IV, 7; 1777, XXIII)

10. [Justices of the peace and district court justices] may be elected in the different cities of this state in such manner [as shall be prescribed by law.]

(1846, VI, 18, as amended, 1869, see 1846, VI, 18; 1821, IV, 7; 1777, XXIII)

Section 3. [The senate and the assembly each] shall choose its own officers.

(1821, I, 3; 1846, III, 10, see 1777, IX)

to

2. The governor shall appoint a competent person discharge the duties of the office during [the] suspension of the treasurer.

(1846, V, 7)

*

*

3. From all the justices elected to the supreme court the governor shall designate those who shall constitute the appellate division in each department; and he shall designate the presiding justice thereof. From time to time as the terms of such designations expire, or vacancies occur, he shall make new designations. * * He may also make temporary designations in case of the absence or inability to act of any justice in the appellate division, or in case the presiding justice of any appellate division shall certify to him that one or more additional justices are needed for the speedy disposition of the business before it.

(1894, VI, 2; 1899, VI, 2, see 1846, VI, 6, 1869, VI, 7)

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