election districts so established in the city of New York shall not again be changed until at some general election the number of registered voters therein shall exceed four hundred and fifty, except where changes are made necessary by a change in the boundaries of congressional, senate, assembly, aldermanic or municipal court districts or ward lines, provided, however, that when the number of registered voters in an election district shall, in any year, be less than two hundred and fifty, such district may be consolidated with a contiguous election district in the discretion of said board of elections. In the city of New York each election district shall be compact in form, entirely within an assembly district and numbered in consecutive order therein respectively. In the year of any decennial reapportionment the board of elections of the city of New York shall rearrange the election districts throughout the city within assembly district lines as constituted pursuant to such reapportionment, to conform as to the number of voters to the provisions of this section, which rearrangement shall take effect before the fall primary in that year; and the appointment of inspectors of election for such election district, as altered or newly created, shall be made and shall take effect a reasonable time before such primary.

No election district shall contain portions of two counties, or two senate or assembly districts.

Derivation: Election Law, § 8, as amended by L. 1897, ch. 379, § 3; L. 1900, ch. 648, § 1; L. 1901, ch. 95, § 3; L. 1903, ch. 44, § 1; L. 1905, ch. 643, § 3, and ch. 675, § 1; L. 1906, ch. 570, § 1; L. 1907, ch. 472, § 1.

Amended by L. 1914, ch. 244; L. 1916, ch. 537; L. 1917, ch. 703, in effect June 1, 1917.

Consolidators' note.- Election Law, § 8, as amended by L. 1897, ch. 379, § 3; L. 1900, ch. 648, § 1; L. 1901, ch. 95, § 3; L. 1903, ch. 644, § L. 1905, ch. 643, § 3, and ch. 675, § 1; L. 1906, ch. 570, § 1; L. 1907, ch. 472, § 1. A provision as to the bipartisian character of the board similar in effect to that omitted from new section 419 is here changed in a similar manner and for this same reason.

Cross-References. — Division of towns into joint election districts for purpose of holding town meetings. See Town Law, § 65 (part 8, post). Number of voters in election district where voting machine is used. Election Law, § 419. Number of election districts in New York State, as reported by county clerks. See Political Divisions of State, etc. (part 4, post).

Section is not mandatory with reference to the date on which the alteration, division or creation shall be made. Report of Atty.-Gen., (1895) 215. Power of town to change election districts. Report of Atty. Gen., (1903) 412.

Where a town contains more than 400 registered voters it would be illegal for the town board to reduce the number of election districts to one. Report of Atty. Gen., (1894) 76.

Effect of locating polling place outside of district. — All that the Constitution required is that an elector must vote at the polling place desig nated by law for casting the vote of the district where he resides, and the validity of his vote is not affected by the fact that the place is located outside the boundary line of the district. People ex rel. Lardner v. Carson, (1898) 155 N. Y. 491, aff'g 86 Hun 617, 35 N. Y. Supp. 1114.

In general. -As to apportionment of election districts, see Matter of Baird, (1894) 142 N. Y. 523, aff'g 75 Hun 545, 27 N. Y. Supp. 525; Matter of Smith, (1895) 90 Hun 568, 36 N. Y. Supp. 40, rev'd on another point 148 N. Y. 187.

$297. Abolition, consolidation or changing of election districts in towns

If at a general election at which a governor is elected, the number of votes cast for governor in an election district in any town be less than two hundred, the town board of the town may, if such town contains two election districts, abolish the division of the town into election districts, or if the town contain more than two election districts, may annex the territory of such district to one or more of the other districts therein, in such manner as will best promote the convenience of the voters; but no district shall be abolished pursuant to this section if thereby in case of the abolition of election districts, the number of voters in the town will exceed four hundred, as indicated by the last preceding vote for governor, or thereby in the case of the abolitionof an election district and its annexation to one or more other districts, the number of voters in any new district so created will exceed three hundred and fifty, as indicated by such vote. An alteration of election districts, pursuant to this section, must be made on or before July first in any year, to take effect on the sixth Wednesday before the general election in such year. If the election districts in a town are abolished pursuant to this section, the town board shall, on or before September first, appoint from the inspectors of election in such town four inspectors of election for the town as an election district, 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 a town has been divided into three or more election districts, and if at any general election at which a governor is elected, the number of votes cast for governor in any district in such town does not exceed two hundred, the town board of such town may on or before the first day of August succeeding, if it deems that the convenience of voters will be promoted thereby, divide such town into such number of election districts, to take effect on the sixth Wednesday before the next general election, as it deems desirable, or change the boundaries of the existing districts, in such manner that no district shall

contain more than three hundred voters as indicated by the last preceding vote for governor. If, in pursuance of this section, the boundaries of an election district in such town should be changed, or a new election district is created, by the consolidation of two or more districts or parts of districts, the town board shall on or before September first appoint for each such district so created, or changed, four inspectors of election, 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. Such inspectors of election shall hold office until their successors are regularly elected in such election districts, in pursuance of law.

Derivation: Election Law, § 8-a, as added by L. 1906, ch. 159, § 1, and § 8-b, as added by L. 1907, ch. 470, § 1.

Amended by L. 1914, ch. 244; L. 1916, ch. 537, in effect May 15, 1916.

Consolidator's note. Two provisions as to the bipartisan character of the board similar in effect to that omitted from new section 419 are here changed in a similar manner and for the same reason.

§ 298. Maps and certificates of boundaries of election districts.

When a ward of a city or an assembly district within a city shall be divided into two or more election districts, the officers or board creating, dividing or altering such election districts shall forthwith make a map or description of such division, defining it by known boundaries, and cause such map or description to be kept open for public inspection in the office of the city clerk, and cause one copy thereof to be posted not less than ten days prior to the first day of registration in each year at the last polling place of each former election district, or of each ward not previously divided into two or more election districts, which is affected by such alteration, division or creation of an election district or districts, and one copy thereof at each police station house in the ward or assembly district, and shall, prior to the first day of registration in each year, furnish copies of such map or description to the inspectors of election in each election district of such ward or assembly district; such maps to be posted in the place of registration and remain posted until the close of the general election. The remaining maps so printed shall be distributed in the discretion of said boards of elections, which shall have respectively the power to charge for each map a price not exceeding the cost of printing the same; and any moneys resulting from the sale thereof shall be paid to the comptroller of the city of New York or to the county treasurer of the county, in counties outside of the city of New York, for the benefit of the treasury of said city or county. The scale of such maps shall, so far as possible, be uniform and large enough to permit the printing of the street corner numbers of the block or blocks defining the extreme boundaries of each election district within or outside the lines of such block or blocks respectively; and such street corner numbers shall be printed in or outside such block lines upon said maps, so that the lowest and highest street numbers within the election district of every street bounding such election district shall be plainly shown thereon. The copies furnished to the inspectors of election shall have printed on each or affixed to each in some secure way the list of places designated pursuant to the next section as places at which the meetings for the registration of voters and the election shall be held during the year within such ward or assembly district.

The officers creating, dividing or altering an election district in a town shall forthwith make a certificate or map thereof, exhibiting the districts so created, divided or altered, and their numbers respectively and file the same in the county clerk's office except in the county of Erie, and in the county of Erie in the office of the commissioner of elections, and a copy thereof in the town clerk's office, and cause copies of the same to be posted in at least five of the most public places in each election district of such town, and the county clerk or commissioner of elections as the case may be, shall, prior to every general election, furnish copies of such maps or certificates, to the

inspectors of election in each election district of such town, provided such election district is not coterminous with the town lines.

Derivation: Election Law, § 9, as amended by L. 1902, ch. 89, § 1; L. 1905, ch. 643, § 4: L. 1906, ch. 642, § 1.

Amended by L. 1917, ch. 703, in effect June 1, 1917.

Maps are not confined to new districts only, but to all districts. Report of Atty.Gen. (1896), 227.

§ 299. Designation of places for registry and voting.

1. On the first Tuesday of September in each year, the town board of each town, and the common council of each city, except Buffalo, and the board of elections of the city of New York, shall designate the place in each election district in the city or town at which the meeting for the registration of voters and the election shall be held during the year; provided, however, that in the city of New York the place so designated, if a schoolhouse or other public building, may be in a contiguous election district. In the city of Buffalo the board of elections of the county of Erie shall designate such places for registry and election on the first Monday in August in each year.

2. Each room so designated shall be of a reasonable size, sufficient to admit and comfortably accommodate at least ten voters at one time outside of the guard-rail, and in cities containing a population of one million or over such room must in addition be of sufficient size to allow of the placing of the furniture and equipment of such polling place as provided in the election law.

3. In cities containing a population of over one million, a school-house or other public building may be designated, provided that the board of education consent and that the use of the same as a registration and polling place shall not interfere with their customary use. The expense, if any, incidental to their use under such designation shall be paid like the expense of other registration and polling places. Whenever a school or other public building is located in an election district and the registration and polling place of such district is not located in a school or other public building, a statement of the reason for not designating such a building must be entered by the board or officer charged with the duty of making such designations in the minutes or other record making the designation.

4. No building or part of a building, shall be so designated in any city, if within thirty days before such designation, intoxicating liquors, ale or beer, shall have been sold in any part thereof. No room shall be designated elsewhere than in a city, if within thirty days before such designation, intoxicating liquors, ale or beer, shall have been sold in such rooms, or in a room adjoining thereto, with a door or passageway between the two rooms.

5. In the event that the registration shall be so large that the polling place already designated would be unreasonably crowded on election day, the board of elections may between the last day of registration and election day change the polling place so as to obtain a larger room. If for any reason said board of elections changes a polling place said change must be made at least ten days. before the day of election and at least five days before election day

said board must send a written notice to each registered voter, notifying him of such change in the location of said polling place.

6. No intoxicating liquors, ale or beer shall be sold in such building in a city or such room or adjoining room elsewhere after such designation and before the general election next thereafter, or be allowed in any room in which an election is held during the day of election or canvass of the votes. Any person or persons violating the provisions of this section shall be deemed guilty of a misdemeanor.

7. If any place so designated shall thereafter and before the close of the election be destroyed, or for any reason become unfit for use, or can not for any reason be used for such purpose, the officers charged with the designation of a place for such election shall forthwith designate some other suitable place for holding such election. Not more than one polling place shall be in the same room, and not more than two polling places shall be in the same building.

Derivation.: Election Law, pt. of § 10, as amended by L. 1897, ch. 379, § 4; L. 1901, ch. 95, § 4; L. 1903, ch. 197, § 1; L. 1904, ch. 249, § 1; L. 1905, ch. 643, § 5; L. 1906, ch. 259, § 1.

Amended by L. 1910, ch. 428; L. 1915, ch. 678; L. 1916, ch. 537, in effect May 15, 1916.

Cross-References.-Local bills designating places of voting not to be passed by legislature. N. Y. Constitution, art. 3, § 18 (part 2, post). Liquor selling within one-quarter of a mile of any voting place is unlawful. Liquor Tax Law, § 30.

Polling place outside of district.-The word "elsewhere" in the constitu tional provision that an elector must vote "in the election district of which he shall at the time be a resident, and not elsewhere," means some other elec tion district polling place than that for the election district in which the voter resides. People ex rel. Lardner v. Carson (1898), 155 N. Y. 491, aff'g 10 Misc. 237, 30 N. Y. Supp. 817, 861 Hun, 617.

The designation under legislative authority of a polling place in a city for a town outside the city, at which residents of the town only and not resi dents of the city are allowed to vote, is not prohibited by the constitutional provision that an elector must vote "in the election district of which he shall at the time be a resident, and not elsewhere." People ex rel. Lardner v. Carson (1898), 155 N. Y. 491, aff'g 86 Hun, 617, which aff'd 10 Misc. 237, 30 N. Y. Supp. 817.

Construction of section by attorney-general.-When town board has neglected to designate polling places within time specified by law, such designation may be made subsequently. Report of Atty.-Gen. (1896), 231.

Election may be held in a room formerly used as a political club-room. Report of Atty.-Gen. (1896), 231.

The place for registration and for election must be within the borders of the election district. Report of Atty. Gen. (1897), 205.

Burning of the building in which the election is being held does not per se vitiate the election. Report of Atty.-Gen. (1903), 280.

The fact that a room designated for polling place and the bar-room are on different floors does not avoid the prohibition of this section where it clearly appears that there is a passageway between the room designated and the bar. room. Rept. of Atty.-Gen. (1908), 532.

§ 300. Equipment of polling places.

The officers authorized to designate such places in any town or city shall provide for each polling place at such election, the necessary ballot and other boxes, guard-rails, voting booths and