be placed in the places designated pursuant to the provisions of this act, for the meetings for registration and distributed therein by the chairman of the board of inspectors on each day of registration to the electors applying for registration. If such amendment, proposition or question is to be submitted at a special election, the secretary of state shall, at least twenty days before the election, make and transmit to each county clerk, 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 a like notice. Each county clerk and commissioner of elections aforesaid and the board of elections of the city of New York, shall, forthwith upon the receipt of such notice, file and record it in his office, and shall cause a copy of such notice to be published once a week until the election therein specified in the newspapers designated to publish election notices, and in addition thereto on the day of registration for such special election, each clerk of a 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 cause an adequate number of such notices to be printed and placed in the places designated for the meeting for registration for such special election, and distributed therein by the chairman of the board of inspectors to the electors applying for registration. In election districts where personal registration of electors is not required, after the last day of the registration the inspectors of election shall deliver to the town. clerk all of the printed copies of such notices remaining in their hands and the town clerk shall within five days after receipt of the same mail a copy thereof to each registered elector in such town, who has not received such copy from the inspectors. The expense thus incurred shall be a county charge and paid accordingly. The inspectors of election at the time of making up their registry list shall indicate in a suitable manner the name of each elector to whom they have delivered in person printed copies of such proposed amendment, proposition or question and abstract.

Derivation: Election Law, § 6, as 1901, ch. 95, § 2; L. 1905, ch. 643, § 2. June 8, 1910.

amended by L. 1897, ch. 379, § 2; L. Amended by L. 1910, ch. 446, in effect

Consolidators' note.-After "notice" the words "to the county clerk and the board of elections of the city of New York, and the commissioner of elections of the county of Erie," are omitted as unnecessary, the character of the notice being fully prescribed in the preceding section.

Cross-References-Submission of constitutional amendments. N. Y. Const., art. 14 (part 2, post). Designation of newspapers to publish election notices. County Law, §§ 20-22.

Election notices, containing constitutional amendments, form of. Report of Atty. Gen., (1905) 276.

Common council of a city has no power to require the insertion of certain questions on the official ballot. Report of Atty. Gen., (1905) 498.

Numbering propositions. Provision not applicable to questions relating to the selling of liquor. Matter of Webster, (1906) 50 Misc. 253, 100 N. Y. Supp. 508, aff'd 113 App. Div. 888, 98 N. Y. Supp. 1116.

Form of election notice containing constitutional amendments and other propositions. Rept. of Atty.-Genl., June 24, 1909.

The Secretary of State has no authority to publish or submit to the people a proposed amendment to the Constitution which has passed a previous Legislature, when the bill as passed a second time inadventently directs that it be referred to the Legislature to be chosen at the next general election of senators. Rept. of Atty.-Genl., June 12, 1915.

$ 295. Publication of concurrent resolutions, proposing constitutional amendments and other propositions.

The secretary of state shall cause each concurrent_resolution of the two houses of the legislature agreeing to a proposed amendment to the constitution, which is referred to the legislature to be chosen at the next general election of senators, to be published once, three months before such election, and thereafter twice in each of the three months next preceding such election in two newspapers published in each county representing the two political parties polling the highest number of votes at the then last preceding general election and in one additional newspaper published in each county for every one hundred thousand people in such county as shown by the then last preceding federal or state enumeration. Such additional newspapers shall be selected by the secretary of state with reference to making such publication in newspapers having the largest circulation in the county in which they are published. If such resolution does not state that such proposed amendment is so referred to such legislature, the secretary of state shall publish, in connection with the publication of such

concurrent resolution, a statement that such amendment is referred to the legislature to be chosen at the next general election.

The secretary of state shall cause such proposed amendment to the constitution or other proposition or question, which is by law to be submitted to the voters of the state at a general or special election, to be published for a like period before such election in newspapers selected in like manner, together with a brief statement of the law or proceedings authorizing such submission, the fact that such submission will be made and the reading form in which it is to be submitted. If such proposed amendment or other proposition or question is to be submitted at a special election, to be held less than three months from the time of appointing it, the first publication in each newspaper shall be made as soon as practicable after such appointment, and shall continue once in each week to the time of the election.

1

Derivation: Election Law, § 7.

Amended by L. 1913, ch. 820, and L. 1914, ch. 244, in effect Apr. 8, 1914. Cross-references.- Constitutional amendments to be agreed to by two successive Legislatures and published for three months. N. Y. Const., art. 14, § 1, (part 2, post). Laws creating debt to be submitted to people. N. Y. Const., art. 7, § 4 (part 2, post). Additional publication. County Law, § 20, and Legislative Law, § 48. See, also, note to Election Law, § 294.

Designation of papers to publish concurrent resolutions.-It seems that it was the legislative intent to leave the time of the selection and designation of newspapers to the secretary of state, provided, however, that the publication commence at least three months before the general election of senators. Rept. of Atty.-Genl., (1908) 160.

Publication of election notices, etc. Rept. of Atty.-Genl., June 24, 1909. Publication of resolution proposing amendments to the Constitution. Rept. of Atty.-Genl., July 9, 1909.

§ 296. Creation, division and alteration of election districts.

Every town or ward of a city not subdivided into election districts shall be an election district. The town board of every town containing more than four hundred voters and the common council of every city except New York and Buffalo, in which there shall be a ward containing more than four hundred voters, shall, on or before the first day of July in each year, whenever necessary so to do, divide such town or ward respectively into election districts, to take effect on the sixth Wednesday before the general election

in such year, each of which shall be compact in form, wholly within the town or ward, and shall contain respectively as near as may be, three hundred voters, but no such ward or town shall be again divided into election districts until, at some general election, the number of votes cast in one or more districts thereof shall exceed three hundred and fifty; and in such case the redivision shall apply only to the town or ward in which such district is situated; provided, however, that in cities of the third class the common council, or other board or body charged with like duties, by resolution duly adopted at the time and to take effect as hereinbefore provided for the division of wards into election districts, may direct that wards in such city having five hundred and fifty voters or less shall not be divided but shall constitute one election district; or, that wards having five hundred voters or less, which have been divided into election districts pursuant to the foregoing provisions of this section, shall be consolidated into one election district. Such resolution shall fix and determine the polling place for such election district or consolidated districts and in all such cases it shall be the duty of the common council, or other board or body charged with like duties, to furnish such polling place with one booth for each seventy-five voters in such election district or consolidated districts, as shown by the last preceding registration of voters in such ward. If any part of a city shall be within a town, the town board shall divide into election districts only that part of the town which is outside of the city. No election district including any part of a city shall include any part of a town outside of a city.

A town or ward of a city containing less than four hundred voters, or an election district of a town containing less than three hundred voters may, in any year not later than the first day of July, be divided into election districts by the board or other body charged with such duty, to take effect on the sixth Wednesday before the general election in such year, when, in the judgment of such board or body, the convenience of the voters shall be promoted thereby. Upon the creation, division or alteration of an

election district outside of a city, and on or before September first the town board shall appoint four inspectors of election for each election district so created, divided or altered, to take effect on or before the first day of registration thereafter and not earlier than the second Wednesday following the next fall primary, who shall be equally divided between the two parties entitled to representation on boards of inspectors. If the creation, division or alteration of an election district is rendered necessary by the creation, division or alteration of a town, ward or city or rendered necessary or occasioned by the division of a county into assembly districts after a reapportionment by the legislature of members of assembly, such creation, division or alteration of an election district shall be made and shall take effect immediately; and inspectors of election for the new election districts as so created, divided or altered shall be appointed, in the manner provided by law, a reasonable time before the next official primary or meeting for registration and such appointments shall take effect immediately. If a town shall include a city, or a portion of a city, only such election districts as are wholly outside of the city shall be deemed election districts of the town, except for the purpose of town meetings.

The board of elections of the city of New York and county of Erie shall divide the cities of New York and Buffalo, respectively, into election districts on or before the first day of July in any year whenever necessary so to do as herein provided, to take effect on the sixth Wednesday before the general election in such year. Each election district in the counties within the city of New York shall contain, so far as possible, four hundred voters, provided, however, that any election district containing less than two hundred voters, in such counties, made necessary by the crossing of congressional lines with other political divisions, may be consolidated with a contiguous election district in any year when no representative in congress is to be voted for in such district. Such