§ 378 Conduct of Elections and Canvass of Votes. Art. 14. vass, ballot returns, records as to challenged and assisted voters, package of void and protested ballots, poll-books, tally sheets and register of voters, for a period longer than three years unless otherwise directed by a committee of the legislature, the district attorney of the county or a justice or judge of a court of record. Formerly L. 1896, ch. 909, § 113, subd. 1, as am'd by L. 1897, ch. 379, § 20; L. 1905, ch. 165, § 1; L. 1905, ch. 643, § 20, and L. 1908, ch. 464, § 1. § 378. Delivery and filing of papers in the city of New York. In the city of New York the original statement of canvass and the sealed package of void and protested ballots shall be filed by the chairman of the board of inspectors within twenty-four hours after the completion of the canvass with the county clerk of the county within which the election district is located, together with one of the poll books and one of the tally sheets, properly certified by the poll clerks. One certified copy of such original statement, one poll book and one tally sheet shall be filed within such time with the board of elections or with the chief clerk of the branch office of the board of elections, as the case may be, in the borough within which the election district is located, by an inspector designated by the board of inspectors for that duty, and the other certified copy of such original statement with the city clerk, by an inspector designated by the board of inspectors for that duty. In election districts in the city of New York, the boards of inspectors of election must, at the same time that they make and sign the aforesaid original statement and certified copies thereof, make a certified copy of so much thereof as relates to any candidate for member of assembly, senator, or representative in congress, voted for both in said election district and in any part of any county not within the city of New York, and such. certified copy must, within twenty-four hours after the completion of the canvass by the inspectors, be filed by the chairman of the board of inspectors with the clerk of the county outside of the city of New York in which such officers or any of them are voted for at such election. The sealed packages of detached stubs and ballots not used at the election shall, in the city of New York, be given by the inspectors to the police who shall return them to the board of elections or to the chief clerk of the branch office of the board of elections, as the case may be, in the borough within which the election district is located. All such packages of detached stubs and unused ballots shall be preserved inviolate in the office in which they are filed for a period of six months from the time of filing Art. 14 Conduct of Elections and Canvass of Votes. §§ 379-381 thereof, and may be opened and examined upon the order of the supreme court or a justice thereof, or a county judge within such county, or by a committee of the legislature, and at the expiration of such time may be disposed of in the discretion of the officer or board having custody of the same. Formerly L. 1896, ch. 909, § 113, subd. 2, as am'd by L. 1897, ch. 379, § 20, and L. 1901, ch. 95, § 19. § 379. Additional requirements in the metropolitan elections district. In the election districts within the metropolitan elections district the certified copy of the original statement of canvass, the tally sheet and poll book required to be filed with the town or city clerk under section three hundred and seventy seven, the certified copy of the original statement of canvass required to be filed with the city clerk of the city of New York, the poll book and tally sheet required to be filed with the board of elections of such city or with the chief clerks of the branch offices thereof within such city under section three hundred and seventy-eight, shall be forthwith filed by such officers in the office of the state superintendent of elections for the metropolitan elections district. Formerly L. 1896, ch. 909, § 113, subd. 3, as added by L. 1899, ch. 630, § 11. § 380. Delivery and filing of papers in the county of Erie. In the county of Erie one certified copy of the statement of canvass and one tally sheet shall be filed forthwith by one inspector deputed for that purpose, with the clerk of the town, or the clerk of the city of Buffalo, or the clerk of the city of Tonawanda, as the case may be, and one certified copy with the clerk of the county of Erie. The original statement of the result of the canvass, together with one tally sheet, the package of void and protested ballots and any and all other packages required by law to be filed by a board of election inspectors, not herein otherwise specified, shall, within twenty-four hours after the completion of such canvass, be filed by the chairman of each board of inspectors with the commissioner of elections. All poll lists for the various election districts in the city of Buffalo shall be filed with the commissioner of elections, and those for the city of Tonawanda with the clerk of such city, and those for the towns in Erie county with the town clerks thereof. Formerly L. 1896, ch. 909, § 113, subd. 4, as added by L. 1905, ch. 643, § 21. If any § 381. Judicial investigation of ballots. certified original statement of the result of the canvass in an $ 381 Voting Machines. Arts. 14, 15 election district shall show that any of the ballots counted at an election therein were protested as marked for identification, a writ of mandamus may, upon the application of any candidate voted for at such election in such district, within twenty days thereafter, issue out of the supreme court to the board or body of canvassers, if any, of the return of the inspectors of such election district, and otherwise to the inspectors of election making such statement, requiring a recount of the votes on such ballots. If the court shall, in the proceedings upon such writ, determine that any such ballot was marked for the purpose of identification, the court shall order such ballot and the votes thereon to be excluded upon a recount of such votes. A like writ may in the same manner be issued to determine whether any ballot and the votes thereon which have been rejected by the inspectors as void, shall be counted. If in the proceedings upon such writ the court shall determine that the votes upon any such ballot rejected as void shall be counted, the court shall order such ballot and the votes thereon to be counted upon a recount of such votes. Boards of inspectors of election districts, and boards of canvassers, shall continue in office for the purpose of such proceedings. Formerly L. 1896, ch. 909, § 114. ARTICLE 15 Voting Machines Section 390. State voting machine commissioners. 394. Experimental use of voting machine. 396. Payment for machines. 397. Form of ballots. 398. Sample ballots. 399. Number of official ballots. 400. Preparation of voting machine for election. 401. Instruction of election officers. 402. Instruction of voters before election. 403. Independent nominations. 404. Distribution of ballots and stationery. 406. Unofficial ballots. Art. 15 §§ 390, 391 Voting Machines. Section 407. Opening the polls. 408. Irregular ballots. 409. Location of machines; guard-rail. 410. Manner of voting. 411. Instructing voters. 412. Illiterate or disabled voters. 413. Canvass of vote and proclamation of result. 415. Disposition of keys; opening counter compartment. 417. Application of other articles and penal law. 418. When ballot clerks not to be elected. 419. Number of voters in election districts. 420. Definitions. 421. Saving clause. § 390. State voting machine commissioners. There shall be a state board of voting machine commissioners which shall consist of three commissioners to be appointed by the governor every five years, one of whom shall be an expert in patent law and two of whom shall be mechanical experts. Their successive terms of office shall begin on the first day of January of every fifth year dating from nineteen hundred and three and end on the thirtyfirst day of December. Any commissioner now in office or hereafter appointed may be removed at the pleasure of the governor, and vacancies shall be filled by the governor for any unexpired term. No voting machine commissioner shall have any pecuniary interest in any voting machine. Formerly L. 1896, ch. 909, § 160, as added by L. 1899, ch. 466, § 1. § 391. Examination of voting machine. 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 §§ 392, 393 Voting Machines. Art. 15 herein provided. When the machine has been so approved, any improvement or change that does not impair its accuracy, efficiency or capacity shall not render necessary a re-examination or re-approval thereof. 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, can not 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. Formerly L. 1896, ch. 909, § 161, as added by L. 1899, ch. 466, § 1, and am'd by L. 1901, ch. 530, § 1. § 392. 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. It must be provided with a single straight ticket device for each of said parties, by the use of which a voter may vote for all the candidates of that party, and must permit a voter to vote for any person for any office, whether or 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 can not 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 prevent 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 preventing his voting for the same person twice. It must be provided with a lock or locks, by the use of which immediately after the polls are closed or the operation of such machine for such election is completed, any movement of the voting or registering mechanism is absolutely preverted. 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, and shall be counted as such. Formerly L. 1896, ch. 909, § 162, as added by L. 1899, ch. 466, § 1, and am'd by L. 1901, ch. 530, § 2. § 393. Adoption of voting machine. The board of elections of the city of New York, the common council of any |