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228. Office for commissioner.

It shall be the duty of the board of supervisors of Niagara county to provide an office for such commissioner of elections suitable for the preservation of the records of said office and for the doing of the work devolved upon such commissioner under and by reason of this article and the necessary furniture thereof. The expense of providing and furnishing such office shall be a county charge and be audited and paid as other county expenses are paid.

Added by L. 1917, ch. 202, in effect Apr. 17, 1917.

§ 229. Custody 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 Niagara county or of any political subdivision thereof or therein and relating to or used in the conduct of general or special elections or official primaries, including voting machines used and owned by any political subdivision of Niagara county, shall, upon request of the commissioner of elections, be transferred to the care, custody and control of such commissioner.

Added by L. 1917, ch. 202, in effect Apr. 17, 1917.

§ 230. Employees.

The commissioner of elections is hereby authorized and empowered to appoint a deputy commissioner of elections, who shall perform such duties as the 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 additional employees as the board of supervisors of Niagara county shall, by resolution, from time to time authorize; and such additional 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 said commissioner. The salary of the commissioner of elections of Niagara county shall be two thousand dollars per annum, the salary of the deputy commissioner of elections shall be fixed by the commissioner at not to exceed one thousand four hundred dollars per annum, and the salary of the secretary to the commissioner shall be fixed by the commissioner at not to exceed one thousand one hundred dollars per annum. Such salaries and compensation shall be paid in the same manner as the salaries of the county officers are paid.

Added by L. 1917, ch. 202, in effect Apr. 17, 1917.

§ 231. Notices.

All notices which are now or which hereafter may be required by law to be given by the secretary of state or any other officer to any officer of Niagara county or of any political subdivision thereof or therein relating to the holding of any election or official primary, and stating the officers to be elected or nominated or party positions to be filled thereat, or the questions to be voted upon by the people from and after the appointment and qualification of the first commissioner hereunder, shall be communicated by the secretary of state or other officer to the commissioner of elections of Niagara county.

Added by L. 1917, ch. 202, in effect Apr. 17, 1917.

§ 232. Filing papers; general powers and duties of commissioner. All certificates of nomination for office to be voted for by the electors of Niagara county 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 designations, all declinations of designations, all certificates of designations to fill vacancies caused by such declinations, all statements of candidates' expenses, expenses of election or nomination, and all rules and regulations of political parties otherwise required by law to be filed with any officer of Niagara county or any political subdivision thereof or therein, shall be filed in the office of the commissioner of elections hereby established, and such commissioner shall be the custodian of primary records for Niagara county and secreThe office of the commistary of the county board of canvassers.

sioner shall be public and open on every business day of the year, during such reasonable hours as the commissioner shall designate. The commissioner may adopt rules and regulations for the conduct of his office not inconsistent with this chapter. The official papers, records and documents of his office shall be public and open to inspection by any citizen of the state during office hours. Except as otherwise provided in this article, such commissioner shall have the powers and duties of a board of elections' prescribed by this chapter or other statute and references to such board shall be deemed to mean and include such commissioner.

Added by L. 1917, ch. 202, in effect Apr. 17, 1917.

§ 233. Purchase of supplies, including voting machines; expenses of commissioner.

When the common council of any city, the town board of any town or the board of trustees of any village in the county of Ni

agara shall have adopted voting machines, the commissioner of elections shall direct the purchase of the number of machines authorized by such local authorities, and may thereafter, when authorized by such local authorities, direct the purchase of new or additional machines for such city, town or village. The commissioner may direct the purchase of any kind of voting machines approved by the state board of voting machine commissioners or the use of which has been specifically adopted by law. All supplies or election appliances to be used or furnished by the commissioner of elections for election purposes shall be purchased by such commissioner. The commissioner is hereby authorized to cause all necessary repairs and alterations to be made and employ such help as may be necessary in making such repairs and in moving, setting up and caring for all election materials and appliances. All expenses 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 Niagara county or in any political subdivision thereof or therein, 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 be a charge against the county or political subdivision thereof or therein, as specified in this chapter, and shall be certified by the commissioner of elections and audited and paid as are other claims against such county; provided, however, that any city, town or village may, upon request of the local authorities, assume the payment of the cost of purchasing voting machines and shall have the power to issue bonds, certificates of indebtedness or other obligations which shall be a charge on the city, town or village, payable at such time or times as such authorities may determine, issued with or without interest and not issued or sold at less than par. Added by L. 1917, ch. 202, in effect Apr. 17, 1917.

§ 234. Apportionment of expenses.

Such commissioner of elections shall, on or before the first day of October in each year, certify to the clerk of the board of supervisors of Niagara county the total amount of the expenses of his office, including salaries for the preceding year, and shall certify to such clerk the portion of such expenses which under the provisions of law is to be borne by the county at large and the portions thereof which are to be borne by each political subdivision thereof or therein, and the clerk of such board in spreading taxes levied upon taxable property of such county or any political subdivision thereof or therein shall include in the amount spread upon the

county at large and the political subdivision thereof or therein the amount so certified by the commissioner to be borne by the county at large or the political subdivision respectively.

Added by L. 1917, ch. 202, in effect Apr. 17, 1917.

§ 235. Publication of notices.

All publications, advertising or posting of election notices required by law relating to general and special elections or official primaries to which this article applies and all notices of such elec tions or primaries as are required by law to be published, advertised or posted shall be published, advertised or posted by the commissioner of elections.

Added by L. 1917, ch. 202, in effect Apr. 17, 1917.

§ 236. Polling places, election districts, et cetera.

It shall be the duty of the commissioner of elections at least thirty days before each primary day to fix the polling places for each primary district in Niagara county and on or before the first Tuesday in September in each year to fix the polling places for registration and election in each election district in Niagara county. It shall be the duty of the commissioner to create, alter or divide the various political subdivisions of Niagara county into. election districts as provided for in sections two hundred and ninety-six and four hundred and nineteen of this chapter. Whenever the commissioner shall have created, altered or divided the election districts in any political subdivision of Niagara county he shall execute a certificate giving the boundaries of the new districts and file it in his office and make and file a copy thereof in the office of the city or town clerk, as the case may be, and also publish a description of such boundaries once in the paper designated to publish election notices.

Added by L. 1917, ch. 202, in effect Apr. 17, 1917.

§ 237. Voting machines.

It shall be the duty of the commissioner of elections to cause the proper ballot labels to be placed on voting machines, and to cause the machines to be placed in proper order for voting and to examine all voting machines before they are sent out to the different polling places, and see that all the registering counters are set at zero (000), and lock all voting machines so that the counting machinery cannot be operated, and seal each one with a numbered metal seal. The commissioner of elections may appoint a custodian of voting machines who shall, under the direction of the commissioner of elections, have charge of and represent the commissioner

of elections during the preparation of the voting machines and serve at the pleasure of the commissioner, but not to exceed forty days for any one election. Before preparing a voting machine for an election written notice shall be mailed to the chairman of the county committees of the two polítical parties which polled the greatest number of votes at the last preceding election of a governor, stating the time and place where the machines will be prepared; at which time and place one representative of each of such political parties, certified by the respective chairmen of the county committees of such parties, shall be entitled to be present and see that the machines are properly prepared and placed in proper condition for use at election. The custodian of voting machines and the party representatives shall take the constitutional oath of office and shall be paid five dollars for each day so employed, which shall be paid in the same manner as the salaries of county officers are paid. It shall be the duty of such representatives to be present at the preparation of voting machines for election and to see that the machines are properly prepared and that all the registering counters are set at zero (000). When a machine has been prepared for election it shall be the duty of such representatives to make a certificate in writing, which shall be filed in the office of the commissioner of elections, stating the number of the machine, whether or not all of the counters are set at zero (000), the number registered on the protective counter, if one is provided, and the number on the metal seal with which the machine is sealed. Such representatives shall perform their duties under the direction of the commissioner. It shall be the duty of the commissioner to cause the voting machines to be delivered at the respective polling places in which they are to be used at least one hour before the time set for the opening of the polls.

Added by L. 1917, ch. 202, in effect Apr. 17, 1917.

238. Construction of article.

Nothing in this article shall be construed to affect or limit the powers of the board of supervisors of Niagara county or the town board of any town, or the village trustees of any village, in such county, as boards of canvassers for the county, towns and villages respectively. Nor shall this article apply to elections held in cities, towns or villages where elections are held at a time other than at the time of general elections. Where the provisions of this article are inconsistent with other provisions of this chapter or other statutes, the provisions of this article shall be controlling. Added by L. 1917, ch. 202, in effect Apr. 17, 1917.

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