ARTICLE 8. TIMES, PLACES, NOTICES, OFFICERS AND EXPENSES OF ELECTIONS Section 290. Date of general election. 291. Time of opening and closing polls. 294. Notice of submission of proposed constitutional amendments or 295. Publication of concurrent resolutions, proposing constitutional amendments and other propositions. 296. Creation, division and alteration of election districts. 297. Abolition, consolidation or changing of election districts in towns. 298. Maps and certificates of boundaries of election districts. 299. Designation of places for registry and voting. 300. Equipment of polling places. 300a. Display of American flag. 301. Publication of list of registration and polling places. 302. Election officers; designation, number and qualifications. 303. Appointment of election officers in cities. 304. Authentication of party lists. 305. Examination as to qualifications. 306. Party election in the city of New York. 307. Oath of office; certificate of appointment. 308. Removals; vacancies; transfers. 309. Certificates of service; exemption from jury duty; payment. 311. Appointment of inspectors of election in towns. 312. Appointment of poll clerks and ballot clerks in towns. 313. Supplying vacancies and absences. 314. Organization of boards of inspectors. 315. Preservation of order by inspectors. 316. Ballot boxes. 317. Voting booths and guard-rails. 318. Apportionment of election expenses. 319. Fees of election officers and others. 320. Delivery of election laws to clerks, boards and election officers. § 290. Date of general election. A general election shall be held annually on the Tuesday next succeeding the first Monday in November. Derivation: Election Law, § 2. City elections, when to be held. See N, Y. Const., art. 12, § 3 (part 2, post). General election day a public holiday. General Construction Law, § 24 (part 11, post). Time of holding town meetings. See part 8, post. Time of holding village elections. See part 9, post. Sale of liquor on election days." It shall not be lawful for any person, whether having paid such tax or not, to sell, offer or expose for sale, or give away any liquor: "c. On any day of a general or special election, or city election, or town meeting, or village election, within one-quarter of a mile of any voting place, while the polls for such election or town meeting shall be open." Pt. § 30, Liquor Tax Law. See § 2. No parade or drill of national guard on election day. — “No parade or drill of the active militia shall be ordered on any day during which an election shall be held, except in case of riot, invasion or insurrection, or imminent danger thereof." Pt. § 111, Military Law. No tolls to be charged voters on election days.—“No tolls shall be charged or collected at any gate from any person going to and from a public worship a funeral, school, town meeting or election, at which he is a voter to cast his vote. Pt. § 130, Transportation Corporation Law. Shall be considered as Sunday for such purposes as the presenting, protesting, etc., of bills of exchange, bank checks and promissory notes. Negotiable Instruments Law, § 145. Sheriffs' and county clerks' offices not to be open on election day. §§ 165, 184, County Law. Sale of property in foreclosure of mortgage by advertisement not to be held on election day. Code Civ. Pro., § 2393. Courts may sit on election day, the Election Law having repealed Laws 1842, chapter 130, which prohibited such sitting. Issuance and service of legal process not prohibited on election day. Didsbury v. Van Tassell, (1890) 56 Hun 423, 10 N. Y. Supp. 33. § 291. Time of opening and closing polls. The polls of every general election, and, unless otherwise provided by law, of every other election shall be opened at six o'clock in the forenoon and shall close at five o'clock in the afternoon. There shall be no adjournment or intermission until the polls are closed. Electors entitled to vote who are in the polling place at or before five o'clock in the afternoon shall be allowed to vote. Derivation: Election Law, § 3, as amended by L. 1898, ch. 335, § 1; L. 1901, ch. 654, § 1. Amended by L. 1911, ch. 649, and L. 1913, ch. 820, in effect Dec. 17, 1913. Consolidators' note. The last two sentences of the old section, making it unlawful to sell, etc., liquor on any general or special election day within a quarter of a mile of any voting place, while the polls are open, and making a violation a misdemeanor, are here omitted. Laws 1904, chapter 205, amended a similar provision in section 31 of the Liquor Tax Law (L. 1896, ch. 112), and being the later act, superseded the provision here omitted. Cross-References. - - Duration of town meeting. Town Law, § 51 (part 8, post). Time for holding village elections. Village Law, § 28, (part 9, post). Local or special laws as to the opening of elections cannot be made by the Legislature. Const., art. 3, § 18, subd. 9. Amendments, however, may be made to such local or special laws as were in existence before 1875. People ex rel. Lardner v. Carson, (1894) 10 Misc. 237, 246, 30 N. Y. Supp. 817, aff'd 86 Hun, 617, 35 N. Y. Supp. 1114, 155 N. Y. 491. Statute is directory, not imperative, as to the hours of opening and closing the polls; election not necessarily void because of a violation of statutory regulations, though inspectors might be liable to indictment therefor. People v. Cook, (1853) 8 N. Y. 61, 91. Constitutionality.-A provision that polls shall be open at six o'clock in the morning and closed at four o'clock in the afternoon is constitutional. Matter of Thirty-second Election Dist., (1888) 18 N. Y. St. Rep. 785, 3 N. Y. Supp. 107. The delivery of official ballots to electors must cease at five o'clock, and no person who has not received a ballot before that time can vote. Newcomb v. Leary, (1908) 128 App. Div. 329, 112 N. Y. Supp. 657. Electors who have received their ballots before five o'clock should be permitted to cast them. Rept. of Atty.-Genl., (1908) 409. Where voting machines are used, each voter whose qualifications have been passed upon and approved by the inspectors at five o'clock are entitled to complete the act of voting after that hour. Rept. of Atty.-Genl., (1908) 548. Village elections.-Inapplicable to election on question of incorporating a village. Matter of Taylor, (1896) 3 App. Div. 244, 38 N. Y. Supp. 348, aff'd 150 N. Y. 242. Village Law governs the opening and closing of the polls at a village election. Report of Atty.-Gen., (1896) 93. Inapplicable to town meeting held at a different time than that of a general election. People v. Hasbrouck, (1897) 21 Misc. 188, 47 N. Y. Supp. 109; People ex rel. Van Sickle v. Austin, (1897) 20 App. Div. 1, 46 N. Y. Supp. 526. § 292. Filling vacancies in elective offices. A vacancy occurring before October fifteenth of any year in any office authorized to be filled at a general election, shall be filled at the general election held next thereafter, unless otherwise provided by the constitution, or unless previously filled at a special election. Upon the failure to elect to any office, except that of governor or lieutenant-governor, at a general or special election, at which such office is authorized to be filled, or upon the death or disqualification of a person elected to office before the commencement of his official term, or upon the occurrence of a vacancy in any elective office which can not be filled by appointment for a period extending to or beyond the next general election at which a person may be elected thereto, the governor may in his discretion make proclamation of a special election. to fill such office, specifying the district or county in which the election is to be held, and the day thereof, which shall be not less than thirty nor more than forty days from the date of the proclamation. A special election shall not be held to fill a vacancy in the office of a representative in congress unless such vacancy occurs on or before the first day of July of the last year of the term of office, or unless it occurs thereafter and a special session of congress is called to meet before the next general election, or be called after October fourteenth of such year; nor to fill a vacancy in the office of state senator, unless the vacancy occurs before the first day of April of the last year of the term of office; nor to fill a vacancy in the office of a member of assembly, unless occurring before the first day of April in any year, unless the vacancy occurs in either such office of senator or member of assembly after such first day of April and a special session of the legislature be called to meet between such first day of April and the next general election or be called after October fourteenth in such year. If a special election to fill an office shall not be held as required by law, the office shall be filled at the next general election. Derivation: Election Law, § 4, as amended by L. 1907, ch. 119, § 1. Cross-References. -Legislature to provide for filling vacancies. N. Y. Const., art. 10, § 5 (part 2, post). Vacancies in offices of judge of Court of Appeals, justice of Supreme Court, county judge or surrogate. N. Y. Const., art. 6, §§ 8, 4, 15 (part 2, post). Filling vacancies in elective offices generally. Public Officers Law, 88 41, 42 (part 6, post). Terms of officers chosen to fill vacancies. Public Officers Law, § 38 (part 6, post). Creation of vacancies. Public Officers Law, § 30. Application. This section relates only to general elections and does not apply to a town meeting held at a time different than a general election. People ex rel. Lovett v. Randall (1895), 12 Misc. 619, 34 N. Y. Supp. 450. 44 Vacancy defined. The word vacancy "describes the condition of an office when it is first created and has not been filled by an incumbent. Matter of Collins (1896), 16 Misc. 598, 40 N. Y. Supp. 517. When office vacant. An office is vacant in the eye of the law whenever it is unoccupied by a legally qualified incumbent who has a lawful right to continue therein until the happening of some future event. Matter of Collins (1896), 16 Misc. 598, 40 N. Y. Supp. 517. A newly created office which is not filled by the tribunal which created it becomes vacant on the instant of its creation. Matter of Collins (1896), 16 Misc. 598, 40 N. Y. Supp. 517. Vacancy in office of recorder to be filled pursuant to this provision. Reports of Atty.-Gen. (1903), 503; (1904) 205. Where a vacancy occurs in the office of sheriff between the fifteenth of October and the general election day in November following, it cannot be filled at that election, but a special election should be called for that purpose, of which not less than thirty or more than forty days' notice must be given. Matter of Mitchell v. Boyle (1916), 219 N. Y. 242. The Governor has power to call a special election to fill a vacancy caused by the death of a sheriff, after October 15th. People ex rel. Conklin v. Boyle (1917), 98 Misc. 364, 163 N. Y. Supp. 72. Vacancy in office of representative in Congress.-Where a representative in Congress elected for the term beginning March 4, 1913, and ending March 4, 1915, died on September 1, 1913, a board of elections may, under section 292 of the Election Law, place the name of a candidate to fill the vacancy upon the official ballot, although the Governor of the State has not issued a cer tificate of election to fill said vacancy as provided by article 1, section 2, sub⚫ division 4, of the Constitution of the United States. Matter of Wilkins (1913), 158 App. Div. 523. Filling anticipated vacancy in the office of representative in Congress.The governor is authorized in his discretion to make a proclamation of special election to fill the anticipated vacancy created by the death of a representative in Congress who died on the 4th day of December following his election. Rept. of Atty.-Gen. (1914), Vol. 2, p. 392. § 293. Notices of elections. The secretary of state shall, at least two months before each general election make and transmit to the custodian of primary records a notice under his hand and official seal, stating the day upon which such election shall be held, and stating each officer, except city, village and town officers, who may be lawfully voted for at such election by the electors of such county or any part thereof. If any such officer is to be elected to fill a vacancy, the notice shall so state. The secretary of state shall forthwith, upon the filing in his office of the governor's proclamation ordering a special election, make and transmit to the custodian of primary records, a like notice of the officers to be voted for at such special election in such county or city or any part thereof, and cause such proclamation to be published in the newspapers published in such county having large circulation therein, at least once a week until such election shall be held. Each custodian of primary records shall forthwith, upon the receipt of either such notice, file and record the same in his office, and shall cause a copy of such notice to be published once in each week, if it relates to a special election, until the election therein specified, and otherwise twice in each of the two months preceding the election, in the newspapers designated to publish election notices. They shall also publish, as a part of such notice, a list of all city, village and town officers who may lawfully be voted for at such election by the electors of such county or any part thereof; and the city, village and town clerks of each county shall, at least two months before each general election, make and transmit to the custodian of primary records a notice under their respective hands and official seals, stating each city, village or town officer to be voted for at such election. They shall not publish, as a part of such notice, the text of proposed constitutional amendments of other propositions or questions included in the notice of the general election received from the secretary of state under this section nor the abstract of such proposed amendment, proposition or question, included in such notice by the secretary of state. Derivation: Election Law, § 5, as amended by L. 1897, ch. 379, § 1; L. 1901, ch. 95, § 1, and ch. 232, § 1; L. 1905. ch. 643, § 1. Amended by L. 1911, ch. 649, and L. 1913, ch. 820, in effect Dec. 17, 1913. Cross-References.-Designation of newspapers to publish election notices made by board of supervisors. See County Law, §§ 20-22. Designation of newspapers.-The power of the supervisors of a county to designate newspapers to publish notices of election and the official canvass of elections under section 22 of the County Law was by section 1586 of the charter of the city of New York (as amended in 1901) transferred to the board of aldermen of that city and not to the board of elections. Standard Publishing Co. v. City of New York (1906), 111 App. Div. 260, 97 N. Y. Supp. 740. A designation of newspapers to publish election notices is reviewable by writ of certiorari. People ex rel. Press Publishing Co. v. Martin (1894), 142 N. Y. 228, 40 Am. St. Rep. 592, aff'g 72 Hun 354. Under section 22 of the County Law the board of supervisors of a county is authorized to direct the publication of the election notices in but two newspapers, one representing each of the two political parties. Matter of Ford v. Supervisors (1904), 92 App. Div. 119, 87 N. Y. Supp. 407; appeal dismissed, 178 N. Y. 616. Publication of election notices.-Where the county clerk of a county delivers to the publisher of a duly designated newspaper a quantity of matter, with instructions to publish only that portion thereof which is necessary to comply with the Election Law, the publisher assumes the responsibility of preparing from the material delivered proper election notices, and of publishing the same, and he is only entitled to receive reasonable compensation for the portion thereof which the Election Law requires to be published. He is not required, however, to employ such language or form as would result in having the notices occupy the least possible space consistent with the requirements of law. People ex rel. Herrick v. Board of Supervisors (1905), 105 App. Div. 40, 93 N. Y. Supp. 426. Where an office to be filled is omitted from a notice of election, the voter may, nevertheless, write in his ballot the name of a candidate for such office. People ex rel. Goring v. President (1894), 144 N. Y. 616, aff'g 9 Misc. 246. Notice of election of senators. Rept. of Atty. Gen. (1907), 286. § 294. Notice of submission of proposed constitutional amendments or other propositions or questions. Every amendment to the constitution proposed by the legislatuffire, unless otherwise provided by law, shall be submitted to the people for approval at the next general election, after action by the legislature in accordance with the constitution; and whenever any such proposed amendment to the constitution or other proposition, or question provided by law to be submitted to a popular vote, shall be submitted to the people for their approval, the secretary of state shall include in his notice of the general election, a copy of the text of such amendment, proposition or question, setting out all new matter in italics and inclosing in brackets all matter to be eliminated from existing law, and at the bottom of each page shall be appended the words, Explanation Matter in italics is new; matter in brackets [] is old law to be omitted. In addition to the text, such notice shall contain an abstract of such proposed amendment, proposition or question, prepared by said secretary with the advice of the attorney-general, concisely stating the purpose and effect thereof. If more than one such amendment, proposition or question is to be voted upon at such election, such amendments, propositions or questions respectively shall be separately and consecutively numbered. The clerk of each county except the clerk of any county having a commissioner or board of elections, the commissioner of elections of each county wherein such commissioner has been appointed and the board of elections of the city of New York shall forthwith, upon receipt of such notice, cause printed copies thereof to be made and on the first day of regis tration shall cause an adequate number of such printed copies to |