County and State Boards of Canvassers. SS 140-141 He shall notify each member of the board of such meeting. The board may adjourn such meeting from day to day, not exceeding a term of five days. (As amended by chap. 379 of 1897, § 27.) § 140. Canvass by state board. Such board shall at such meeting proceed to canvass the certified copies of the statements of the county board of canvassers of each county in which such election was held. If any member of such board shall dissent from a decision of the board, or shall deem any of the acts or proceedings of the board to be irregular, and shall protest against the same, he shall state such dissent or protest in writing signed by him, setting forth his reasons therefor, and deliver it to the secretary of state, who shall file it in his office. Upon the completion of such canvass, such board shall make separate tabulated statements signed by the members of such board, or a majority thereof, of the whole number of votes cast for all the candidates for each office shown by such certified copies to have been voted for, and of the whole number of votes cast for each of such candidates, indicating the number of votes cast in each county therefor, and if the voters of not more than one district of the state were entitled to vote for such candidates therefor, the name and number of such district, and the name of each candidate and the determination of the board of the persons thereby eleeted to such office; the whole number of votes shown by such certified copies to have been cast upon each proposed constitutional amendment or other proposition or question shown by such copies to have been voted upon, the whole number of votes cast in favor of and against each, respectively, and the determination of the board as to whether it was adopted or rejected. Each such statement, dissent and protest, shall be delivered to the secretary of state, and recorded in his office. (As amended by chap. 379 of 1897, § 27.) § 141. Certificates of election.-The secretary of state shall thereupon forthwith transmit a copy, certified by his signature and official seal, of each such statement as to votes cast for candidates for any office, to the person shown thereby to have been elected thereto. He shall prepare a general certificate, under the seal of this state, and attested by him as secretary thereof, addressed to the house of representatives of the United States, in that congress for which any person shall have been chosen, of a due election of the persons so chosen at each election as representative of this state in congress; and shall transmit the same to the house of representatives at their first meeting. If either of the persons so chosen at such election shall have been elected to supply a vacancy in the office of representative in congress, it shall be mentioned by the secretary of state in the statements to be prepared by him. (As amended by chap. 379 of 1897, § 27.) 8 142. Record in office of secretary of state of county officers elected.-The secretary of state shall enter in a book to be kept in his office the names of the respective county officers elected in this state, including school commissioners, specifying the counties and districts for which they were severally elected, and their places of residence, the offices to which they were respectively elected, and the terms of office. (As amended by chap. 379 of 1897, § 27.) ARTICLE VII. VOTING MACHINES. SECTION 160. State voting machine commissioners. 161. Examination of voting machine. 162. Requirements of voting machine. 163. Adoption of voting machine. 164. Experimental use of voting machine. 165. Providing machines. 166. Payment for machines. 167. Form of ballots. 168. Sample ballots. 169. Number of official ballots. 170. Distribution of ballots and stationery. 171. Tally sheets. 172. Unofficial ballots. 173. Opening the polls; independent ballots. 174. Location of machines; guard rail. 175. Manner of voting. 176. Instructing voter. 177. Disabled voters. 178. Canvass of vote and proclamation of result. 179. Disposition of independent ballots; and preserving the record of the machine. 180. Application of other articles and penal code. 182. Number of voters in election districts. 183. Definitions. 184. Repeal of laws. 160. State voting machine commissioners.-The commissioners appointed under chapter four hundred and fifty of the umo 1901 C.530 -do laws of eighteen hundred and ninety-seven are continued in office until and including December thirty-first nineteen hundred and two, and shall be known as voting machine commissioners. Their successors shall be appointed for a full term of five years. Vacancies shall be filled by the governor for the remainder of the unexpired term, and all terms shall expire on the thirty-first day of December. Any commissioner now in office or hereafter appointed may be removed at the pleasure of the governor. No voting machine commissioner shall have any pecuniary interest in any voting machine. There shall be three such commissioners, who shall constitute a board to be known as the state board of voting machine commissioners. One of such commissioners shall be an expert in patent law and two shall be mechanical experts. (Added by chap. 466 of 1899.) § 161. Examination of voting machines.-Any person or corporation owning or being interested in any voting machine may apply to the state board of voting machine commissioners to examine such machine and report on its accuracy, efficiency and capacity to register the will of voters. The commissioners shall examine the machine and report accordingly. Their report shall be filed in the office of the secretary of state and shall state whether in their opinion the kind of machine so examined can be safely used by such voters at elections, under the conditions prescribed in this article. If the report states that the machine can be so used, it shall be deemed approved by the commissioners and machines of its kind may be adopted for use at elections as herein provided. Any form of voting machine not so approved, or which has not been heretofore examined by said commissioners and reported on pursuant to law, and its use specifically authorized by law, cannot be used at any election. Each commissioner is entitled to one hundred and fifty dollars for his compensation and expenses in making such examination and report, to be paid by the person or corporation applying for such examination. (Added by chap. 466 of 1899.) 8162. Requirements of voting machine.-A voting machine approved by the state board of voting machine commissioners must be so constructed as to provide facilities for voting for the candidates of at least seven different parties or organizations, must permit a voter to vote for any person for any office, although not nominated as a candidate by any party or organization, and must permit voting in absolute secrecy. Such machine shall also be so constructed that a voter cannot vote for a candidate or on a proposition for whom or on which he is not lawfully entitled to vote. It must also be so constructed as to prohibit voting for more than one person for the same office, except where a voter is lawfully entitled to vote for more than one person for that office, and it must afford him an opportunity to vote for as many persons for that office as he is by law entitled to vote for and no more, at the same time prohibiting his voting for the same person twice. It may also be provided with one ballot in each party column or row containing only the words "presidential electors" preceded by the party name, and a vote for such ballot shall operate as a vote for all the candidates of such party for presidential electors. (Added by chap. 466 of 1899.) § 163. Adoption of voting machine. The police board of the city of New York, the common council of any other city, the town board of any town, or the board of trustees of any village may adopt for use at elections any kind of voting machine approved by the state board of voting machine commissioners, or the use of which has been specifically authorized by law; and thereupon such voting machine may be used at any or all elections held in such city, town or village, or in any part thereof, for voting, registering and counting votes cast at such elections. Different voting machines may be adopted for different districts in the same city, town or village. (Added by chap. 466 of 1899.) § 164. Experimental use of voting machine. The authorities of a city, town or village authorized by the last section to adopt a voting machine may provide for the experimental use, at an election in one or more districts, of a machine which it might lawfully adopt, without a formal adoption thereof; and its use at such elections shall be as valid for all purposes as if it had been lawfully adopted. (Added by chap. 466 of 1899.) § 165. Providing machines.-The local authorities adopting a voting machine shall, as soon as practicable thereafter, provide for each polling place one or more voting machines in complete working order, and shall thereafter preserve and keep them in repair, and shall have the custody thereof and of the furniture and equipment of the polling place when not in use at an election. If it shall be impracticable to supply each and every election district with a voting machine or voting machines at any election following such adoption, as many may be supplied as it is practicable to procure, and the same may be used in such election district or districts within the city, town or village as the officers adopting the same may direct. (Added by chap. 466 of 1899.) § 166. Payment for machines.-The local authorities, on the adoption and purchase of a voting machine, may provide for the payment therefor in such manner as they may deem for the best interest of the locality and may for that purpose issue bonds, certificates of indebtedness or other obligations which shall be a charge on the city, town or village. Such bonds, certificates or other obligations may be issued with or without interest, payable at such time or times as the authorities may determine, but shall not be issued or sold at less than par. (Added by chap. 466 of 1899.) 167. Form of ballots.-All ballots shall be printed in black ink on clear, white material, of such size as will fit the ballot frame, and in plain, clear type as the space will reasonably permit. The party device for each political party represented on the machine, which has been duly adopted by such party in accordance with this chapter, and the party name or other designation shall be prefixed to the list of candidates of such party. Each party list may be further distinguished by a stripe of color below the party device, which shall be adopted in the same manner as the party emblems. The order of the list of candidates of the several parties or organizations shall be arranged as provided by this chapter for blanket ballots, except that the lists may be arranged in horizontal rows or vertical columns. (Added by chap. 466 of 1899.) § 168. Sample ballots.-The officers or board charged with the duty of providing ballots for any polling place shall provide therefor two sample ballots which shall be arranged in the form of a diagram showing the entire front of the voting machine as will appear after the official ballots are arranged for voting on election day. Such sample ballots shall be open to public inspection at such polling place during the day next preceding election day. (Added by chap. 466 of 1899.) § 169. Number of official ballots.-Four sets of ballots shall be provided for each polling place for each election for use in the voting machine. (Added by chap. 466 of 1899.) § 170, Distribution of ballots and stationery. The ballots and stationery shall be delivered to the board of inspectors of each election district before ten o'clock in the forenoon of the day next preceding the election. (Added by chap. 466 of 1899.) |