PASSED AT THE ONE HUNDRED AND THIRTY-SECOND REGULAR SESSION OF THE LEGISLATURE, BEGUN THE SIXTH DAY OF JANUARY, 1909, AND ENDING THE THIRTIETH DAY OF APRIL, 1909, AT THE CITY OF ALBANY. ELECTION LAW Laws 1909, Chap. 22. AN ACT in relation to the elections, constituting chapter seventeen of the consolidated laws. Became a law February 17, 1909, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: CHAPTER 17 OF THE CONSOLIDATED LAWS ELECTION LAW Article 1. Short title (§ 1). 2. Primaries; general provisions (§§ 2-7). 3. Enrollments and primaries in cities and in villages having five thousand inhabitants or more (§§ 2074). 4. Enrollments and primaries in towns (§§ 90-104). 5. Nominations (§§ 120-137). 6. Registration of voters (§§ 150-184). 7. Boards of elections in cities of the first class containing one or more counties (§§ 190-201). 8. Commissioner of elections in the county of Erie (SS 210-221). 9. Commissioner of elections in the county of Monroe (§§ 230-242). 10. Commissioner of elections in the county of Onondaga (§§ 250-260). 11. Commissioner of elections in the county of Westchester (§§ 270-281). 12. Times, places, notices, officers and expenses of elections (SS 290-320). 13. Ballots and stationery (§§ 330-345). 14. Conduct of elections and canvass of votes (§§ 350 Article 17. Representatives in congress and presidential electors (§§ 450-457). 18. Metropolitan elections district (§§ 470-488). 21. Laws repealed; when to take effect (§§ 570, 571). Section 1. Short title. ARTICLE 1 Short Title § 1. Short title. This chapter shall be known as the "Election Law." ARTICLE 2 Primaries; General Provisions Section 2. Definitions of primary and convention. 3. Notice of primary. 4. Organization and conduct of primaries. 5. Qualifications of voters at primaries. 6. Duties of chairman of primary. 7. Watchers and canvass of votes at primaries. As § 2. Definitions of primary and convention. used in articles two and three, a convention is an assemblage of delegates representing a political party or independent body, duly convened for the purpose of nominating candidates for public office, electing delegates to other conventions, electing officers for party or independent organizations, or for the transaction of any other business relating to the affairs or conduct of the party or independent body; and a primary is any other assemblage of voters of a political party or independent body duly convened for any such purpose. § 3. Notice of primary. Elsewhere than in a city or in a village having five thousand inhabitants or more according to the last preceding federal or state enumeration, every primary shall be called and held pursuant to notice given according to the regulations and usages of the political party or independent body holding it. § 4. Organization and conduct of primaries. Every primary, unless otherwise provided by law, shall be presided over and conducted by officers to be selected in the manner prescribed by the rules or regulations of the political party or independent body holding such primary. If the rules and regulations of the political party or independent body calling it so require, or if it shall be, by a vote of the voters present, so resolved, or, if it be in a city or in a village having five thousand inhabitants or more according to the last preceding federal or state enumeration, and five qualified voters of the district where it is held, belonging to the political party calling it, shall serve upon the secretary or chairman of the general committee of the party, or of its organization in such city or village, or upon the chairman of the district committee, a written demand, stating that they so require it, the following additional requirements, or such of them as may be specified in such demand, shall be complied with: 1. The chairman and other officers shall take the constitutional oath of office. 2. Candidates and delegates and officers of the organization or committee shall be chosen by ballot. 3. The meeting shall be held open not less than one hour for voting thereat. 4. The tellers shall keep a poll list of the names and residences of all persons voting, and assist the secretary in the canvass of the votes. 5. A voter shall be appointed watcher for each candidate or set of candidates or delegates requesting the same. 6. The chairman shall publicly announce the number of votes cast for each candidate, and the result of the canvass at the completion thereof, and shall, if the primary be held in a city or in a village having a population of more than five thousand inhabitants, as shown by the last preceding federal or state enumeration, file a statement of such results and the oath taken at such primary, and the poll list kept thereat, in the office of the county clerk, if located in such city or village, and otherwise in the office of the city or village clerk, and the papers so filed shall be public records and open to inspection and examination by any voter of the state. § 5. Qualifications of voters at primaries. No person shall be entitled to vote at any primary held for the purpose of nominating candidates for public office unless he may be qualified to vote for such candidates on the day of election. Voters at primaries shall possess such other qualifications as shall be required by the regulations and usages of the political party or independent body holding the same. § 6. Duties of chairman of primary. The chairman may administer any oath required to be administered at any primary. He shall decide all questions that arise relating to the qualifications of voters when a voter is challenged by an elector and shall reject such vote, unless the person offering the vote is willing to be and shall be sworn that he will truly answer all questions put to him touching his qualifications as such voter, and shall state under oath that he is qualified to vote at such primary. § 7. Watchers and canvass of votes at primaries. The ballot box used at any primary shall be examined by the secretary and by the tellers, if any, in the presence of the watchers, if any, before any ballots are received, to see that there are no ballots therein. Such watchers are entitled to be present from the commencement of the primary to the close of the canvass and the signing of the certificates thereof. At the close of the canvass of the ballots cast for each candidate the secretary shall publicly announce the vote and the result of the canvass. ARTICLE 3 Enrollments and Primaries in Cities and in Villages Having Five Thousand Inhabitants or More Section 20. Application of article. 21. Definitions and construction. 22. Enrollment books. 23. Enrollment books except in cities of one million inhabitants and of second class. 24. Enrollment books in cities of one million inhabitants and of second class. 25. Voting booths and enrollment boxes. 26. Enrollment blanks and envelopes. 27. Delivery of enrollment blanks to voters. 28. Enrollment by voters. 29. Examination, sealing and custody of enrollment boxes. 30. Certification and secrecy of enrollment. 31. Opening of enrollment box and completion of enroll ment. 32. Special enrollment. 33. Special enrollment for annexed territory. 34. Special enrollment upon becoming of age. 35. Special enrollment after moving. 36. Duplicate enrollment books. 37. Use of duplicate enrollment books at unofficial pri maries. 38. Use of original enrollment books at official primaries. 39. Right to enroll and vote at primaries. 40. New enrollment books for changed districts. Section 41. Enrollment books to be public records; transcripts of enrollment. 42. Publication of enrollment in cities of one million in habitants. 43. Judicial review of enrollment in cities of one million inhabitants. 44. Correction of enrollment in cities of one million inhabitants, with respect to persons not in sympathy with party. 45. Times and purposes of official primaries. 46. Congressional primaries, and additional primaries in presidential years. 47. Expense of official primaries. 48. Primary districts and polling places. 51. Restrictions as to place of primaries. 52. Primary election officers. 53. Appointment and removal of primary election officers. 54. Chairman; compensation of inspectors; oath. 55. Ballots, booths and supplies. 56. Voting at official primary elections. 57. Challenges at official primary elections. 59. Watchers; challengers; electioneering. 61. Proclamation and statement of result. 62. Certificates of election; preservation of ballots. 64. Committees, and rules and regulations of parties. 67. Organization of conventions. 68. Contested seats. 69. Substitution of delegates; date of convention. 70. Jurisdiction of, and review by, the courts. 71. Direct nomination of candidates at primary elections. 72. Application of this article to political parties. 73. Application of this article to cities of the third class and villages. 74. Perjury. § 20. Application of article. Except as otherwise herein provided, this article shall be controlling: (1) on the methods of enrolling the voters of a party in cities and in villages having five thousand inhabitants or more, according to the last preceding |