Art. 8 Commissioner of Elections in the County of Erie. §§ 210, 211 Section 213. Transfer of records. 214. Deputy commissioner, secretary and employees; salaries. 215. Notices from secretary of state. 216. Documents required to be filed with commissioner. 217. Expenses of commissioner. 218. Apportionment of expenses. 219. Filing of statements of canvass, tally sheets and poll books. 220. Publication of notices. 221. Construction of article. § 210. Office created. There shall be a commissioner of elections in the county of Erie, and all the rights, powers, authority, duties and obligations heretofore by law vested in and imposed upon any officer or officers of the county of Erie or of any political subdivision thereof or therein, excepting the appointment, duties and obligations of inspectors of election, poll clerks and ballot clerks, who shall continue to be appointed and serve as provided by law, with respect to general, special and primary elections in the county of Erie or in any political subdivision thereof or therein, except elections held at a time other than the time of the general election of village and school district officers and special elections for town, village and school district purposes held at such other time, and elections for city and ward officers in cities of the third class held at such other time, shall be vested in and imposed upon such commissioner. Formerly L. 1904, ch. 394, § 1. § 211. Appointment, qualifications and removal of commissioner. The county judge of the county of Erie shall appoint such commissioner of elections who must be a resident voter of Erie county, and shall file in the office of the clerk of Erie county, a certificate of such appointment under his hand and seal. Said commissioner of elections shall take the constitutional oath of office and file the same in the county clerk's office, and shall hold office for the term of six years, his successors to be appointed in like manner. Such term of office shall begin on the first day of May in every sixth year beginning with the year nineteen hundred and four. In case of a vacancy in the office of commissioner of elections, the said county judge shall appoint a resident voter of the county of Erie to fill such vacancy, and shall file a certificate of such appointment in the county clerk's office under his hand and seal. The person so appointed shall take the constitutional oath of office and serve the remainder of the term. §§ 212-214 Commissioner of Elections in the County of Erie. Art. 8 All commissioners of elections appointed pursuant to this article shall be subject to removal by the governor in like manner as sheriffs of counties. Formerly L. 1904, ch. 394, § 2. § 212. Office for commissioner. It shall be the duty of the trustees of the city and county hall in the county of Erie to provide an office for the said commissioner of elections, suitable for the preservation of the records of said office, and for the doing of the work devolved upon said commissioner of elections under and by reason of this article, and the necessary furniture therefor, and the expense of providing and furnishing such office shall be a county charge of the county of Erie, and be audited and paid as other county expenses are paid. Formerly L. 1904, ch. 394, § 3. § 213. Transfer of records. All books, documents, papers, records and election appliances or appurtenances held or used by or under the control of any officer or officers of the county of Erie or of any political subdivision thereof or therein, and relating to or used in the conduct of general, special or primary elections, shall, upon request of the commissioner of elections, be transferred to the care, custody and control of such commissioner. Formerly L. 1904, ch. 394, § 4. § 214. Deputy commissioner, secretary and employees; salaries. The commissioner of elections is hereby authorized and empowered to appoint a deputy commissioner of elections who shall not be a member of the same political party as himself or of the same political opinion upon state and national questions, who shall perform such duties as the said commissioner of elections shall prescribe, and also a secretary to the commissioner, who shall each hold office at the pleasure of the said commissioner, and such employees as the board of supervisors of Erie county shall by resolution from time to time authorize, and such employees shall receive such salaries and compensation as the said board of supervisors shall by resolution fix and determine. Each of such employees shall perform such duties as the commissioner of elections shall prescribe and shall each hold office at the pleasure of the said commissioner. The salary of the commissioner of elections shall be three thousand dollars per annum, and of the deputy commissioner of elections two thousand dollars per annum. The salary of the secretary to the commissioner shall be fixed by the board of supervisors of Erie county not to exceed one thousand five hundred dollars per annum. Such salaries shall be paid Art. 8 Commissioner of Elections in the County of Erie. §§ 215-217 in the same manner as the salaries of officers of the county of Erie are paid. Formerly L. 1904, ch. 394, § 5. § 215. Notices from secretary of state. All notices which are now or which hereafter may be required by law to be given by the secretary of state to any officer of the county of Erie or of any political subdivision thereof or therein, relating to the holding of any election, and stating the officers to be elected thereat or the questions to be voted upon by the people thereat, shall be communicated by the secretary of state to the commissioner of elections of the county of Erie. Formerly L. 1904, ch. 394, § 6. § 216. Documents required to be filed with commissioner. All certificates of nomination for offices to be voted for by the voters of the the county of Erie or any political subdivision thereof or therein, at any election to which this article applies, all declinations of nominations for office, all certificates of nomination to fill vacancies caused by such declinations or by death, all statements of candidates' expenses of election and all rules and regulations of political parties otherwise required by law to be filed with any officer of the county of Erie or any political subdivision thereof or therein, shall be filed in the office of the commissioner of elections, hereby established, and the commissioner of clections is hereby designated as the custodian of primary records for the county of Erie or such political subdivisions thereof to which article three of this chapter applies or may hereafter apply, and the said commissioner of elections shall also be the secretary of the county board of can vassers. Formerly L. 1904, ch. 394, § 7, as am'd by L. 1905, ch. 229, § 1. All ex § 217. Expenses of commissioner. All supplies or election appliances to be used or furnished by the commissioner of elections for election purposes shall be purchased by such commissioner, who is also hereby authorized to cause all necessary repairs and alterations to be made in the same. penses for supplies, advertising, posting and circulation of election notices and printing lists of registered voters, and other expenses arising from the conduct of elections in the county of Erie, or in any political subdivision thereof or therein to which this article applies, incurred by or under the direction of the commissioner of elections, except the compensation of inspectors of election, poll clerks and ballot clerks, shall hereafter $$ 218, 219 Commissioner of Elections in the County of Erie. Art. 8 be a charge against the county of Erie or the political subdivision thereof or therein, as specified in this chapter, and shall be certified by the commissioner of elections and be audited and paid as are other claims against the said county. Formerly L. 1904, ch. 394, § 8, as am'd by L. 1905, ch. 229, § 2. § 218. Apportionment of expenses. The commissioner of elections shall, on or before the fifteenth day of December in each year, certify to the clerk of the board of supervisors of Erie county the total amount of the expenses of his said office, including salaries, for the preceding year, and shall certify to said clerk the portion of said expenses which, under the provisions of law, are to be borne by the county of Erie and the portion thereof which, under the provisions of law, are to be borne by the city of Buffalo or the city of Tonawanda, and the several towns in the county of Erie, and the said clerk of the board of supervisors, in spreading upon the assessment rolls the taxes to be levied upon the taxable property in the city of Buffalo and the city of Tonawanda, shall include in the amount spread, the amounts certified by said commissioner to be borne by the city of Buffalo and the city of Tonawanda, respectively, and in the amount spread upon the assessment rolls of taxable property in the several towns or other political subdivisions, the amount so certified by said commissioner to be borne by the said towns or political subdivisions, respectively. Formerly L. 1904, ch. 394, § 9, as am'd by L. 1905, ch. 229, § 3. § 219. Filing of statements of canvass, tally sheets and poll books. The several boards of inspectors of election in the county of Erie shall, upon the completion of the canvass of any general or special election, to which this article applies, make and sign an original statement thereof and two certified copies of the same, in the manner and in accordance with the provisions of sections three hundred and seventythree and three hundred and seventy-six of this chapter. One of such certified copies 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 thereof filed with the clerk of the county of Erie. The original statement of the result of the canvass, together with one tally sheet, the void and protested ballots, and any and all other packages and documents required by law to be filed by a board of election inspectors, except the certified copies of statement of canvass, poll lists and one tally sheet, shall, within twenty-four hours after the com Art. 8 Commissioner of Elections in the County of Erie. §§ 220, 221 pletion of such canvass, be filed by the chairman of each board of inspectors with the commissioner of elections. The poll books for the several election districts of the city of Buffalo shall be filed by the board of election inspectors or the chairman thereof, with the commissioner of elections. The poll books for the several election districts in the city of Tonawanda shall be filed with the city clerk of Tonawanda, and those of the several towns of Erie county with the town clerks, respectively. The commissioner of elections shall, within ten days after any general or special election, cause tabulated statements of the result of such election to be made and certified, one of which shall be filed with the commissioner of elections, one with the clerk of the county of Erie and one each with the clerk of the city of Buffalo and the clerk of the city of Tonawanda, so far as they shall relate to the election of city or ward officers voted for, or propositions submitted and voted upon, at such election in each city, respectively. The commissioner of elections shall retain in his possession all registers of voters, enrollment books and poll books filed in his office, for two years subsequent to the election at which they are used, at the expiration of which period he is authorized to sell or destroy all such books excepting one enrollment book and one poll book for each election district for each year. Formerly L. 1904, ch. 394, § 10, as am'd by L. 1905, ch. 229, § 4. § 220. Publication of notices. All notices of elections to which this article applies, which are required by law to be published, advertised or posted in the county of Erie or any political subdivision thereof or therein, shall be published, advertised or posted by the commissioner of elections. Formerly L. 1904, ch. 394, § 11. § 221. Construction of article. Nothing in this article shall be construed to affect or limit the powers of the board of supervisors of Erie county, or the board of aldermen of the city of Buffalo, or the board of aldermen of the city. of Tonawanda, as boards of canvassers for the county of Erie and the city of Buffalo and the city of Tonawanda, respectively, nor the designation of polling places by town boards, nor the distribution of election supplies or posting of election notices by the town clerks of the several towns in the county of Erie, as specified in this chapter, nor shall this article apply to the election of village and school district officers held at a time other than the time of a general election and special elections for town, village or |