Lapas attēli
PDF
ePub

Section 452. Meeting and organization of electoral college.
453. Secretary of state to furnish lists of electors.
454. Vote of the electors.

455. Appointment of messenger.
456. Other lists to be furnished.
457. Compensation of electors.

Representatives

§ 450. Representatives in congress. in the house of representatives of the congress of the United States shall be chosen in the several congressional districts at the general election held therein in every even numbered year. If any such representative shall resign, he shall forthwith transmit a notice of his resignation to the secretary of state, and if a vacancy shall occur in any such office, the clerk of the county in which such representative shall have resided at the time of his election, shall, without delay, transmit a notice thereof to the secretary of state.

§ 451. Electors of president and vice-president. At the general election in November preceding the time fixed by the law of the United States for the choice of president and vice-president of the United States, there shall be elected by general ticket as many electors of president and vice-president as this state shall be entitled to, and each voter in this state shall have a right to vote for the whole number, and the several persons, to the number required to be chosen, having the highest number of votes shall be declared and be duly appointed electors.

§ 452. Meeting and organization of electoral college. The electors of president and vice-president shall convene at the capitol on the second Monday in January next following their election, and those of them who shall be assembled at twelve o'clock, noon, of that day, shall immediately at that hour fill, by ballot and by plurality of votes, all vacancies in the electoral college occasioned by the death, refusal to serve, or neglect to attend at that hour, of any elector, or occasioned by an equal number of votes having been given for two or more candidates. The electoral college being thus completed, they shall then choose a president, and one or more secretaries from their own body.

§ 453. Secretary of state to furnish lists of electors. The secretary of state shall prepare three lists, setting forth the names of such electors, and the canvass under the laws of this state of the votes given for each person for whose election any and all votes were given, together with the certificate of determination thereon, by the state canvassers; procure to the same the signature of the governor; affix thereto the seal of the state; and deliver the

same thus signed and sealed to the president of the college of electors on the second Monday in January.

§ 454. Vote of the electors. Immediately after the organization of the electoral college, the electors shall then and there vote by ballot for president and vice-president, one of whom at least shall not be an inhabitant of this state. They shall name in their ballots the person voted for as president, and in distinct ballots, the person voted for as vice-president. They shall make distinct lists of all persons voted for as president, and of all persons voted for as vice-president, and of the number of votes for each, which lists they shall sign and certify, and after annexing thereto one of the lists received from the secretary of state, they shall seal up the same, certifying thereon, that lists of the votes of this state for president and vice-president are contained therein.

§ 455. Appointment of messenger. The electors shall then, by a writing under their hands, or under the hands of a majority of them, appoint a person to take charge of the lists so sealed up, and deliver the same to the president of the senate at the seat of government of the United States before the third Monday in the said month of January. In case there shall be no president of the senate at the seat of government on the arrival of the person intrusted with the lists of the votes of the electors, then such person shall deliver the lists of votes in his custody into the office of the secretary of state of the United States.

§ 456. Other lists to be furnished. The electors shall also forward forthwith, by the post-office in the city of Albany, to the president of the senate of the United States at the seat of government, and deliver forthwith to the judge of the United States court for the northern district of the state of New York, similar lists signed, annexed, sealed up and certified in the manner aforesaid.

§ 457. Compensation of electors. Every elector of the state for the election of a president and vice-president of the United States, who shall attend at any election of those officers and give his vote at the time and place appointed by law, shall be entitled to receive for his attendance at such election, the sum of fifteen dollars per day, together with ten cents per mile each way from his place of residence by the most usual traveled route, to the place of meeting of such electors, to be audited by the comptroller upon the certificate of the secretary of state, and paid by the treasurer.

ARTICLE 18

Metropolitan Elections District

Section 470. Metropolitan elections district.

471. State superintendent of elections, chief deputy and

assistants.

472. Powers of superintendent, clerk and deputies.
473. Deputies; appointment, qualification, examination,
vacancies and terms.

474. Additional deputies.

475. Control and powers of deputies; refusal to furnish. information.

476. Aid by private persons and public officers.

477. Subpoenas by state superintendent.

478. Administration of oaths by superintendent and deputies.

479. Attendance and duties at polling places.

480. Reports by lodging-house and hotel keepers.

481. Affidavits by hotel keepers holding liquor licenses. 482. Filing such reports and affidavits.

483. Reports by police and certain departments.

484. List to be furnished if required by the superintendent of elections.

485. Card lists of registered voters.

486. Removal of deputies.

487. Salaries and expenses.

488. Report to governor.

The coun

§ 470. Metropolitan elections district. ties of New York, Kings, Queens, Richmond and Westchester are hereby constituted a metropolitan elections district for the purpose of all elections for state officers hereafter to be held therein.

§ 471. State superintendent of elections, chief deputy and assistants. The governor shall appoint an officer, by and with the advice and consent of the senate, to be. known as "the state superintendent of elections for the metropolitan elections district," who shall be a resident of one of the aforesaid counties and shall hold office for the full term of four years. Such term shall begin on the first day of January in every fourth year beginning with the year nineteen hundred and three and shall expire on the thirty-first day of December. Vacancies shall be filled for the remainder of the unexpired term. Such superintendent may be removed from office in the same manner

as a sheriff. He may appoint a chief deputy without nomination, a clerk, a secretary and a stenographer, and remove them at at pleasure. (Thus amended by L. 1909, ch. 240, § 25, in effect April 22, 1909.)

Amendment of 1909 changed the word "two sentence.

[ocr errors]

"" to "three near end of second

§ 472. Powers of superintendent, clerk and deputies. Such state superintendent of elections and each deputy appointed by him, shall possess and exercise all the powers vested in a sheriff, as a conservator of the peace, either by statute or common law. The clerk, appointed by the state superintendent of elections pursuant to the provisions of this article, shall have power, when directed by the state superintendent of elections, to administer oaths and affirmations required by law or by any order, rule or regulation of the state superintendent of elections, for or in connection with the appointment and qualification of deputy superintendents of elections appointed pursuant to the provisions of this article.

§ 473. Deputies; appointment, qualification, examination, vacancies and terms. Such superintendent may appoint not exceeding four hundred deputy superintendents of elections for the metropolitan elections district for service in the counties mentioned in section four hundred and seventy of this article, and administer or cause to be administered to them the oath of office.

On or before the fifteenth day of August said state superintend ent shall notify the chairman of each county committee representing a political party in such county in said metropolitan elections district entitled to representation in local election boards therein, that each such party is entitled to nominate one-half the number of deputies to be appointed, and shall in such notification specify the number to be nominated by the party so notified, and that written nominations for such appointment will be received by him on or before a specified date. A deputy state superintendent must possess the qualifications of election officers required by this chapter, except that he need not be a resident of the election district in which he serves. Each such chairman of a county committee inay present to the state superintendent a list containing the number of names specified in the notice given by the superintendent to the said chairman, and appointments shall be made from such lists or from a supplemental list as herein provided. One-half of the appointments so made shall be made from each of the parties making such nomination, provided, however, that all persons so appointed shall possess the qualifications required by law.

All persons so proposed for appointment may be examined as to their possessing the qualifications required by section three hundred and two of this chapter, by or under the direction of the state superintendent, who shall give five days' notice in writing of such proposed examination to the person to be examined, and also to the chairman of the committee or other person by whom the list was filed and authenticated, and such chairman or other person may appear and be heard on such examination, either in person or by counsel. If a person so nominated is not examined, or if after examination he is found qualified, under section two hundred and seventy-two of this chapter, he shall be appointed. If a person so proposed is found disqualified after examination, notice in writing to that effect shall be given by the superintendent within three days after such disqualification is determined by him, to the chairman of the committee or other person by whom the list embracing the name of the person so disqualified was authenticated; and such chairman or other person may thereupon file a supplemental list containing the names of persons nominated to fill such vacancies.

Additional supplemental lists may also be filed from time to time on notice by the superintendent, until all the appointments to which a party is entitled are made. Any vacancy occurring by disqualification or otherwise shall be filled by the appointment of a qualified person named in a supplemental list filed on behalf of the same party, except that if a party entitled to representation files no original list, nor a supplemental list after notice, the appointment may be made without such lists, and without nomination.

The term of office of a deputy superintendent appointed under this section shall expire on the thirty-first day of December of the calendar year in which he is appointed.

§ 474. Additional deputies. The superintendent, whenever he deems it necessary, may appoint, without nomination, and at pleasure remove, not more than one hundred and fifty additional deputies, to be employed by him in enforcing the provisions of this article. Deputies appointed under this sec tion shall not as such be entitled to attend at the polling places on election day, but in all other respects shall possess the same powers and are charged with the same duties as other deputies appointed under this article.

§ 475. Control and powers of deputies; refusal to furnish information. All deputies appointed under this article shall be subject to the direction and control of the

« iepriekšējāTurpināt »