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above all debts and incumbrances charged thereon, and have been ART. 3. actually rated and paid a tax thereon; that you have been for the last six months a resident of this county, that you are now a resident of

this town, (or ward, as the case may be,) and that you have not voted at this election.25

$20. If any person shall refuse to take the oath so tendered, his Ib. vote shall be rejected. 25

a conviet.

$21. If a person be challenged as convicted of an infamous crime, Challenge as he shall not be required to answer any questions in relation to such alleged conviction; nor shall any proof of such conviction be received, other than a duly authenticated record thereof; but if any person so convicted, shall vote at any such election, unless he shall have been pardoned and restored to all the rights of a citizen, he shall be deemed guilty of a misdemeanor, and on conviction shall be imprisoned in the county jail for the term of six months.

ARTICLE THIRD.

Of the Duties of the Board of Inspectors, and Clerks of the Poll.
SEC. 22. Ballot boxes to be kept at general elections.

23. Boxes to be kept at special elections.

24. Each box to have lock and key; when to be opened and shut, and who to keep keys.
25. Opening in lid to be made for the ballots.

26. Ballot, when received, to be deposited in box, without being opened.

27. Clerks of the poll, to keep poll lists. Contents of the lists.

28. Names of voters, how to be entered on poll lists.

29. At each adjournment of poll, lists to be compared, and placed in boxes.

30. Boxes then to be locked and sealed.

31. Keys and boxes to be delivered to separate inspectors.

32. Inspector having keys, to deliver them to board at opening of poll.

33. Inspector having boxes, to deliver same to board at opening of poll.

34. Seals then to be broken, and boxes opened.

35. Inspectors to challenge persons whom they suspect not qualified.
36. Board to have power to preserve order.

37. May commit disorderly persons to jail.

38. By whom order for commitment to be executed.

$22. At each general election, the board of inspectors shall pro- Ballot boxes vide and keep two boxes, one to be entitled the "State Box," another the "County Box," and for the election of justices in each town a third box shall be kept, to be entitled the "Justices Box." If representatives in congress or electors of president and vice-president, are to be chosen, an additional box shall be kept, to be entitled the "Congress Box."26

$ 23. At a special election, so many only, of such boxes shall be kept, as shall be requisite for depositing therein the ballots of the persons, voting for the officers directed to be chosen, at such election.

$24. Each box shall be provided with a sufficient lock, and shall 1. be locked before the opening of the poll, and the keys thereof delivered to one of the inspectors to be appointed by the board; and shall not (25) Laws of 1822, p. 271, § 8. (26) Laws of 1822. p. 269, § 6 & 7.

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TITLE 4 be opened during the election, except in the manner and for the purposes herein after mentioned.27

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$25. An opening shall be made in the lid of each box, not larger than shall be sufficient for a single closed ballot to be inserted therein at one time, through which, each ballot received, proper to be placed in such box, shall be inserted.27

$ 26. When the board shall have finally received the ballot of an elector, one of the inspectors, without opening the same, or permitting it to be opened or examined, shall deposit it in the box corresponding in title with the endorsement of the ballot.27

$ 27. Each clerk of the poll shall keep a poll list, which shall contain one column headed "Names of Voters," and so many additional columns, as there are boxes kept at the election. The heading of each additional column, shall correspond with the name of one of the boxes so kept.

$ 28. The name of each elector voting, shall be entered by each clerk, in the column of his poll list, headed "names of voters ;" and opposite such name, shall be written the figure 1 in each remaining column of such poll list, corresponding in its heading, with the name of a box in which a ballot of the elector shall have been deposited.

$ 29. At each adjournment of the poll, the clerks shall, in the presence of the inspectors, compare their respective poll lists, compute and set down the number of the votes in each column, and correct all mistakes that may be discovered, according to the decision of the board, until such poll lists and their several columns, shall be made in all respects to correspond. The boxes shall then be opened, and the poll lists be placed therein.27

$30. Each box shall then again be locked, and the seal of one or more of the inspectors, so placed thereon as to cover entirely, the opening in the lid.27

$31. The keys shall then be delivered to one of the inpectors, and the boxes to another, to be designated by the board.27

$32. The inspector having the keys shall keep the same in his own possession, and deliver them again to the board at the next opening of the poll.27

$33. The inspector having the boxes, shall carefully keep them without opening, or suffering them to be opened, or the seals thereof to be broken or removed; and shall publicly deliver them, in that state, to the board of inspectors at the next opening of the poll.27

S34. At that time the seals shall be broken, the boxes opened, the poll lists taken out, and the boxes again locked; and the same course

(27) Laws of 1822, p. 269, § 6 & 7.

shall be observed, until the poll of the election shall be finally clos- ART 4. ed. 28

challenge.

$35. It shall be the duty of each inspector to challenge every per- Inspectors to son offering to vote, whom he shall know or suspect, not to be duly qualified, as an elector. 29

order.

$36. The board of inspectors shall possess full authority to main- To preserve tain regularity and order, and to enforce obedience to their lawful commands, during an election, and during the canvass and estimate of the votes, after the closing of the poll.

$37. If any person shall refuse to obey the lawful commands of Ib. the inspectors, or by disorderly conduct in their presence or hearing, shall interrupt or disturb their proceedings, they may, by an order in writing, commit the person so offending to the common jail of the county, for a period not exceeding thirty days.30

$38. Such order shall be executed by any sheriff or constable, to Ib. whom the same shall be delivered; or if none shall be present, by any other person deputed by such board, in writing.

ARTICLE FOURTH.

Of the Canvass and Estimate of the Votes by the Board of Inspectors.

SEC. 39. Board to determine whether they will then canvass or adjourn.

40. If canvass adjourned, what to be done with boxes, &c.

41. Canvass to be public. When to be completed.

42. Canvass to commence by a comparison of poll lists,

43. Ballots to be counted. If two folded together to be destroyed.

44. Ballots found in a box different from endorsement, not to be rejected.

45. If the ballots exceed the number mentioned in the poll list, excess to be destroyed.

46. If poll lists and ballots agree, votes to be estimated.

47. Statement of result to be drawn up by inspectors.

48. Contents of statement.

49. Statement to be delivered to one of the inspectors.

50. Duplicate to be delivered to town clerk.

51. Poll lists and ballots to be destroyed, and board dissolved.

52. Inspectors to preserve rejected ballots.

when made.

$39. As soon as the poll of an election shall have finally closed, Canvass the board shall determine whether they will then proceed to canvass the votes or adjourn the canvass to some covenient hour of the next day.

$40. If the canvass shall be so adjourned, the same course shall be observed in relation to the poll lists, boxes and keys, as is required to be observed at each adjournment of the poll.

made.

$41. The canvass shall be public, and shall be completed on the Canvass how day subsequent to the closing of the poll, or sooner; except in the

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(28) Laws of of 1822, p. 269, § 6 & 7. (29) Ib. § 8. (30) Ib. § 12.
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TITLE 4. city of New-York, where two days shall be allowed for completing the same.

Proceedings thereat.

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$42. The canvass shall commence, by a comparison of the poll lists, from the commencement, and a correction of any mistakes that may be found therein, until they shall be found or made, to agree.

$ 43. Each box being opened, the ballots contained therein shall be taken out and counted unopened, except so far as to ascertain that each ballot is single. And if two or more ballots shall be found so folded together as to present the appearance of a single ballot, they shall be destroyed.

$ 44. No ballot properly endorsed, found in a box different from that designated by its endorsement, shall be rejected, but shall be counted in the same manner as if found in the box designated by such endorsement.

$45. If the ballots shall be found to exceed in number the whole number of votes on the correspondent columns of the poll lists, they shall be replaced in the box, and one of the inspectors shall publicly draw out and destroy so many ballots unopened, as shall be equal to such excess.

$46. The ballots and numbers on the poll lists agreeing, or being made to agree, the board shall then proceed to canvass and estimate

the votes.

$ 47. The canvass being completed, a statement of the result shall be drawn up in writing by the inspectors, which they shall certify to be correct, and subscribe with their proper names.

$48. Such statement shall contain in words, written at full length, the whole number of votes given for each office at such election; the names of the persons for whom such votes for such office, were given; and the number of votes so given to each person.

S49. The board of inspectors shall deliver the statement so certified and subscribed, to such one of the inspectors as shall be appointed by the board to attend the county canvass.

$ 50. A duplicate of such statement, shall also be signed by the inspectors at the same time, and shall be immediately delivered to the town clerk, to be filed and preserved by him.

$51. The poll lists and ballots, excepting such ballots as shall have been rejected by the inspectors as imperfect, shall then be destroyed, and the board of inspectors shall be dissolved.

$52. It shall be the duty of the inspectors of elections, to preto be preserv-serve a true copy of all ballots rejected as defective, with the originals

ed.

attached, and deliver the same to the town clerk, to be filed in his of- ART. 1. fice. 31

TITLE V.

OF THE FINAL CANVASS, AND THE MODE OF DECLARING AND CER-
TIFYING THE RESULT.

ART. 1.-Of the board of county canvassers, and their proceedings.

ART. 2.-Of the duties and proceedings of the county clerk.

ART. 3.Of the duties of the secretary of state, previous to the meeting of the state

canvassers.

ART. 4. Of the formation and proceedings of the board of state canvassers.

ART. 5.—Of the subsequent duties of the secretary of state.

ARTICLE FIRST.

Of the Board of County Canvassers, and their Proceedings.

SEC. 1. Who to form board of county canvassers.

2. Board, when and where to meet. Chairman.

3. Clerk of county, secretary of board.

4. Chairman to swear members, and secretary to swear him.

5. Majority of inspectors constitute a board.

6. Board to estimate votes from original statements of canvass. 7. To make a separate statement of votes for governor, &c.

8. Contents of statements.

9. Statements to be attested and recorded.

10. Upon statements of votes for assembly, county officers and justices of the peace, board to determine who are elected.

11. If county be a congress district, board also to determine who are chosen electors of president.

12. A certificate of each determination to be annexed to the statement upon which it is

made.

13. Copy to be published.

14. If votes are received for elector, and county is not a congress district, copy of statement to be transmitted to district canvassers.

15. Inspector, if unable to attend, to deliver statement of votes of his town to county clerk.

16. If a majority do not attend, those present to adjourn to next day.

17. If a majority do not then attend, those present to estimate votes.

composed.

$1. The inspectors in each county, to whom the original state- Board how ments of the canvass of votes in the towns or wards, to which they respectively belong shall have been delivered, shall form the county board of canvassers.

meet.

32. They shall meet at the office of the clerk of the county, on When to the Tuesday next following the election, before one o'clock in the afternoon of that day, and shall choose one of their number as chair

man.

$ 3. The clerk of the county, or in his absence, his deputy, shall Secretary. be secretary of the board.

$4. The chairman shall then administer the constitutional oath Oath. to each member of the board, and the same oath shall be administered to him by the secretary.

(31) This article is chiefly a revisal of § 9 of the act of 1822.

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