Imagini ale paginilor
PDF
ePub

110

A provision of the Legislature for nominations to the office of commissioner of elections, which contemplates the nomination of a single candidate only and thus destroys the power of selection of the appointing power, is in contravention of section 2 of article X of the state Constitution, which requires offices to be filled either by the electors or by some public officer or board. Matter of Kane (1911), 71 Misc. 163.

When the only exercise by the Legislature of the power to direct the nomination for such appointment is a provision by which a single candidate only is nominated and the mayor's power of selection is, therefore, destroyed, the mayor may appoint such commissioner without regard to such nomination. Matter of Kane (1911), 71 Misc. 163.

The purpose of section 194 is to make provision for pointing out to the mayor persons who are eligible so that there may be no pretext for violating the bi-partisan plan of the statute. Matter of Kane v. Gaynor (1911), 144 App. Div. 196, aff'd 202 N. Y. 615, on opinion of Burr, J., below.

The power given to the mayor by section 193 to "appoint four persons as commissioners," each of whom shall be a resident and qualified voter of New York city and not more than two of whom shall be of the same political opinion, is not curtailed in any way by this section providing that the respective chairmen of the county committees of New York and Kings counties of each of the two principal political parties shall make and file with the mayor a certificate in a stated form certifying the name of one who is recommended as a fit and proper person to be appointed commissioner. Matter of Kane v. Gaynor (1911), 144 App. Div. 196, aff'd 202 N. Y. 615, on opinion of Burr, J., below.

§ 195. Filling vacancies in board.

If at any time a vacancy arises in the office of commissioner of elections, through death, resignation, removal or inability to serve, the chairman of the county committee of the political party to which the commissioner creating such vacancy belonged, and if such vacancy arise in the office of commissioner of elections for New York city and if the commissioner creating such vacancy was a resident of the borough of Manhattan or of the borough of the Bronx of said city the chairman of the county committee of New York county of the political party to which the commissioner creating such vacancy belonged and if the commissioner created such vacancy was a resident of any other borough of said city, the chairman of the county committee of Kings county of the political party to which the commissioner creating such vacancy belonged, shall make and file or cause to be filed with the board of supervisors of the county in which such vacancy arises or if such vacancy arise in the board of elections of New York city, then with the board of aldermen, a certificate in substantially the form and executed and acknowledged as above provided, certifying and recommending the name of a person who is a resident and qualified voter of such county or city wherein such vacancy arises, as a fit and proper person to be appointed a commissioner of elections for the unexpired term of the commissioner creating such vacancy.

Derivation: Election Law, § 11, subd. 2, pt. of par. d, as added by L. 1901, ch. 95, § 5.

Amended by L. 1911, ch. 649. In effect July 13, 1911.

§ 196. Bi-partisan character of board.

Each and every certificate filed with the board of supervisors or the board of aldermen in pursuance of the provisions of this article, shall be

kept by the board with which the same is filed in some safe and secure place in the office of the clerk of said board, and shall be a public record open at all reasonable hours to the inspection of any person who may desire to see the same, it being the intention of this article, and said intention is hereby declared, to secure in the appointment of the members of the board of elections established by this article, and the employees thereof, equal representation of the two political parties which at the general election next preceding such appointment cast the highest and the next highest number of votes for governor, and of which the committees and chairmen of committees have been duly elected as such under and in pursuance of the provisions of article three of this chapter relating to primary elections.

Derivation: Election Law, § 11, subd. 2, par. e, as added by L. 1901, ch. 95, § 5. Amended by L. 1911, ch. 649, and L. 1913, ch. 820, in effect Dec. 17, 1913.

§ 197. Appointment of employees.

Every board of elections shall have power to fix the number, salaries, duties and rank of its chief clerks, clerks, assistant clerks and stenographers and to appoint and remove at pleasure and to fix the salaries of all employees of said board, but not in excess of the amounts specified in section one hundred and ninety; except that in a county having a population of less than ninety thousand the board may have one clerk only and his salary shall not exceed nine hundred dollars per annum, nor shall the aggregate expenditure for such clerk hire and for stenographer exceed the amount specified in section one hundred and ninety.

Derivation: Election Law, § 11, subd. 2, pt. of ¶h, as added by L. 1901, ch. 95, § 5.

Amended by L. 1911, ch. 649; L. 1912, ch. 406; L. 1913, chs. 800 and 820, in effect Dec. 17, 1913.

Salary of clerk.- The board of supervisors, under § 12, subd. 5, of the County Law, as amended by L. 1914, ch. 358, has power to fix the salary of the clerk notwithstanding the provisions of this section. People ex rel. Simpson v. Snyder (1916), 173 App. Div. 171, 158 N. Y. Supp. 937.

§ 198. General office and branches.

The board of elections in the city of New York shall have power to provide and maintain an office for such board in the borough of Manhattan which shall be the headquarters of said board, and to furnish the same with necessary furniture and office fixtures, and shall also provide, maintain and furnish an office in each other borough of the city of New York and shall place the same in the charge of a competent person. Said board of elections shall have full and complete control of the said branch offices of the board of elections and of all the offices, employees, affairs and administration of said branch offices.

In each county the board of supervisors or other body or official charged with the duty of providing public offices shall provide the said board of elections for said county with proper and suitable offices. The expenses for said offices shall be a part of the expenses of said board of elections.

Derivation: Election Law, § 11, subd. 2, pt. of ¶ i, as added by L. 1901, ch. 95, § 5.

Amended by L. 1911, ch. 649. In effect July 13, 1911.

Consolidators' note. The provisions covering the temporary location of offices of the new board, and the turning over of the records of the old police bureau abolished by the act, are omitted, as obsolete. The remainder of the paragraph has been made section 199.

$199. Duty of police to aid board of elections.

It shall be the duty of the commissioner of police and the officers and members of the police force, whenever called upon by the board of elections, to render to said board all practicable assistance in the enforcement of this chapter, including the use of the police telephone service. The commissioner of police shall detail to the service of the board of elections upon its written request such patrolmen and other members of the police force as may be necessary from time to time for the faithful performance by said board of its functions and duties. All copies of police reports to commanding officers of precincts under section one hundred and fifty-seven of this chapter, shall be forthwith transmitted by the precinct commander to the board of elections. All statements of canvass delivered to any officer in command of a precinct under section three hundred and seventy-two of this chapter shall be forthwith transmitted by such precinct commander to the board of elections to be by them preserved with the same force and effect as if preserved by the police.

Derivation: Election Law, § 11, subd. 2, pt. of ¶ i, as added by L. 1901, ch. 95, § 5.

200. Expenses of board of elections.

All sums necessary to pay the expenses of the board of elections of the city of New York, including the salaries of the commissioners of elections, chief clerks, clerks, assistant clerks and other employees, and to meet and defray the charges and expenses of all elections lawfully held in the city of New York or in any territory included therein, shall be a charge against the said city, and shall upon proper certificates and vouchers be paid in the same manner as other expenses and charges against the said city are by law provided to be paid. Said charges and expenses, as estimated, shall be included in the annual budget of said city each year and in the yearly taxes levied upon the estates, real and personal, in the city of New York.

The board of elections in each county, excepting those counties comprising the city of New York, shall on or before the fifteenth day of December in each year certify to the clerk of the board of supervisors creating said board of elections the total amount of the expenses of said board of elections, including salaries, for the preceding year, and, if the board of supervisors of any county shall so direct, shall certify to said clerk the portions of said expenses which under provisions of law are to be borne by any city or cities in said county and the portion thereof which is to be borne by the rest of said county, and the said clerk of the board of supervisors shall thereupon notify the proper local official or

officials, who in spreading upon the assessment-rolls the taxes to be levied upon the taxable property in the city, or any of the said cities, and in the rest of the county, shall include in the amount so spread the amounts certified by the said board of elections to be borne by the said city or cities, respectively, and in the amount spread upon the assessment-rolls of the taxable property in the several towns or other political subdivisions of the rest of the county the amount so certified by said board of elections to be borne by the said towns or political subdivisions respectively.

Derivation: Election Law, § 11, subd. 2, pt. of ¶ j, as added by L. 1901, ch. 95, § 5.

Amended by L. 1911, ch. 649. In effect July 13, 1911.

Consolidators' note. The provisions directing the city comptroller to turn over to the new board the appropriation of the year 1901, and for further financing the new board in that year are omitted, being obsolete.

201. Disposition of registers and unused ballots.

The board of elections of the city of New York is hereby authorized and directed, not less than two years after each election, to sell or destroy all registers of voters in the possession of such board; provided, that one copy of such register of voters for each election district shall be excepted and preserved by such board from such sale or destruction. The board of elections is also authorized to sell to the highest bidder the unused ballots furnished for the last preceding election, but such unused ballots shall not be sold until at least six months after the election for which they were provided. All moneys realized by sales under this section shall be paid over to the proper fiscal officer of the city of New York to the credit of the account of the board of elections.

DERIVATION: Election Law, § 11, subd. 2, ¶k, as added by L. 1901, ch. 95, § 5.

§ 202. Custodian of primary records.

The board of elections shall be the custodian of primary records for each political subdivision for which such board is appointed. The board of elections for New York city shall also be the custodian of primary records for the several counties in said. city.

Added by L. 1911, ch. 649. In effect July 13, 1911.

203. Official seal,

Each board of elections is hereby authorized to adopt an official seal which shall be provided at the expense of the city or county for which said board of elections is appointed, and shall cause a description of said seal with impressions from it to be filed in

the office of the county clerk of said county and of the secretary of state. Such description of the official seal of the board of elections of New York city shall be filed in the office of the county clerk of each county in said city.

Added by L. 1911, ch. 649. In effect July 13, 1911.

204. Filing statement of canvass, tally sheets and poll-books.

All statements of canvass, tally sheets and poll-books, void and protested ballots, and any and all other packages and documents required by law to be filed by the inspectors, except certified copies of statements of canvass, ballot lists and tally sheets which are required by law to be filed with the county clerk shall be filed with the board of elections of said county or, in the city of New York, with the board of elections of said city. In the city of New York the said statements, documents and packages shall be filed in the branch office in each borough.

Added by L. 1911, ch. 649. In effect July 13, 1911.

§ 205. Notices.

1

All notices of elections to which this chapter applies which are required by law to be published, advertised or posted in any county or any political subdivision thereof or therein shall be published, advertised or posted by the custodian of primary records of said county or of the city of New York.

Added by L. 1911, ch. 649. In effect July 13, 1911.

Notice of local option election.-It was the plain legislative intent, when the Election Law was amended creating boards of election in each county, to transfer to such boards the management and control of elections in their respective counties and all political subdivisions thereof, including the submission of all propositions which were to be voted on at general elections, and where notices of local option questions under section 13 of the Liquor Tax Law were published and posted by the board of elections for a local option election which was held in connection with the general election the publication is a valid one. Matter of Town of Bath (1916), 93 Misc. 575.

§ 206. Transfer and custody of records; devolution and continuance of powers.

All books, documents, papers, records and election appliances or appurtenances now or heretofore held or used by or under the control of any officer or officers of any county or of any political subdivision thereof or therein, relating to or used in the conduct of general, special or primary elections, shall be transferred to or

« ÎnapoiContinuă »