supplies therein, and the other furniture of such polling place, necessary for the lawful conduct of each election thereat, shall preserve the same when not in use, and shall deliver all such ballot and other boxes for each polling place, with the keys thereof, to the inspectors of each election district at least one-half hour before the opening of the polls at each election.

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.

Cross-References.-Officers providing ballots and stationery. Election Law, § 341. Supplies where ballot machines are used. Election Law, §§ 398-406. Instruction cards and markers not to be taken down, torn or defaced. Election Law, § 350. Penalty for removal, mutilation or destruction of election booths, supplies, poll-lists or cards of instruction. Penal Law, § 758 (part 5, post). Removal, mutilation, etc., of public copy of registration. Election Law, § 184.

Supplies referred to in this section mean such articles as are not required to be furnished by the county clerk. Report of Atty.-Gen. (1896), 227.

§ 300-a. Display of American flag.

The American flag shall be displayed in each polling place in this state by the board of inspectors during the hours when such boards are in session. The board, body or officer now charged with the duty of defraying the expenses of conducting primaries and elections shall furnish said flag, which shall be approximately three feet by five feet in size.

Added by L. 1913, ch. 783. In effect May 31, 1913.

§ 301. Publication of list of registration and polling places.

The officers authorized to designate the registration and polling places in any city, except the city of New York, shall cause to be published in two newspapers within such city a list of such places so designated, and the boundaries of each election district in which such registration and polling place is located and shall at the same time file said list with the state superintendent of elections. Such publication shall be made in the newspapers so selected upon each day of registration and the day of election, except that if such newspaper be an evening newspaper it shall be made on the day prior to each of such days. One of such newspapers so selected shall be one which supports the candidates nominated that year by the political party polling the highest number of votes in the state at the last preceding election for governor, and the other newspaper so designated shall be one which supports the candidates nominated that year by the political party polling the next highest number of votes for governor at said election.

The board of elections of the city of New York shall cause to be published in two newspapers in each borough within such city a list of the registration and polling places so designated in each borough

and the boundaries of each election district therein in which such registration and polling place is located and shall at the same time file said list with the state superintendent of elections; except that in the borough of Brooklyn, such publication shall be made in the newspapers designated to publish corporation notices therein and in one daily newspaper published in the Jewish language; and except also that in the borough of the Bronx such publication shall be made in four newspapers published in the borough of the Bronx; and except also that in the borough of Manhattan such publication shall be made in five daily newspapers published in the borough of Manhattan which support the candidates nominated that year by the political party polling the highest number of votes in the state at the last preceding election for governor, and also in five daily newspapers published in the borough of Manhattan which support the candidates nominated that year by the political party polling the next highest number of votes for governor at said election, one of which newspapers may be a daily newspaper published in the German language and two of which newspapers may be daily newspapers published in the Jewish language; which publication shall include the list of such registration and polling places and their boundaries, in the respective counties in which the newspapers are published. Such publication shall be made in such newspapers upon each day of registration and the day of election excepting if such newspaper be an evening newspaper it shall be made on the day prior to each of such days or if such day be Sunday, on the preceding Saturday. Such publications shall be made in newspapers published in such boroughs which shall respectively support the candidates nominated that year by the political parties which at the last preceding election for governor respectively cast the largest and next largest number of votes in the state for such office.

The said board shall also cause to be published in the City Record on or before the first day of registration in each year a complete list of all the registration and polling places so designated and the boundaries of the election districts in which such places are located arranged in numerical order under the designation of the respective boroughs in which they are located.

In selecting the newspapers in which such publications are to be made the said board shall keep in view the object of giving the widest publicity thereto.

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. 1913, ch. 587; L. 1914, ch. 238; L. 1916, ch. 537, in effect May 15, 1916.

Expense of publication.- The rate of compensation fixed by section 3317 of the Code of Civil Procedure for the publication of certain legal advertisements does not govern compensation for the publication of notices under the Election Law relative to the places of registration and election in election districts and the boundaries of said districts. Mack v. City of Buffalo (1900), 32 Misc. 330, 66 N. Y. Supp. 679.

Designation of newspapers.-When the board of elections of New York city has, pursuant to a peremptory mandamus, rescinded a resolution authorizing the publication of a list of registration and polling places in certain newspapers and has designated certain other papers as newspapers advocating Democratic candidates and Democratic principles, and such publication has in fact been made in the latter papers, an appeal by such board from the original order directing the writ of mandamus should be dismissed. People ex rel. Quinn v. Voorhis, (1906) 115 App. Div. 118, 100 N. Y. Supp. 717, rev'd 186 N. Y. 283.

This section prescribes no test in the selection and appointment of newspapers to publish the list of the registration and polling places in the borough of Manhattan, except that they shall advocate the principles of the two political parties polling the highest number of votes at the last preceding election for Governor, and therefore the courts have no power to grant a peremptory writ of mandamus requiring the board of elections to publish the list in four newspapers which support the candidates nominated and the platform adopted at a certain convention held by one of the parties designated in the statute. People ex rel. Quinn v. Voorhis, (1907) 187 N. Y. 327, aff'g 115 App. Div. 218, 100 N. Y. Supp. 927.

The statutory duty of the board of elections to designate newspapers within the city of New York to publish the list of registration and polling places and the boundaries of election districts, is continuous, and there is no provision in the statute authorizing the board to make a contract for the completed publications which would restrict the power of the board to change the newspapers after one or more publication had been made. Morning Telegraph Co. v. The City of New York, (1909) 132 App. Div. 634, 117 N. Y. Supp. 496, aff'g 61 Misc. 511, 115 N. Y. Supp. 549.

Where the board of elections designated certain newspapers, advocating the principles of the Democratic party, to publish such notices, and after the publication of the notices by such newspapers for two days, the board, acting under a mandamus erroneously granted, rescinded its resolution and appointed other newspapers, this action of the board, although subsequently annulled upon the reversal of the judgment in the mandamus proceeding, is a legal authorization for the publication of the notices by the papers named in the second resolution, and the costs thereof are a charge on the city of New York under sections 11 and 18 of the Election Law. Morning Telegraph Co. v. The City of New York, (1909) 132 App. Div. 634, 117 N. Y. Supp. 496, aff'g 61 Misc. 511, 115 N. Y. Supp. 549.

§ 302. Election officers; designation, number and qualifications.

There shall be in every election district of this state the following election officers, namely, four inspectors, two poll clerks and two ballot clerks, whose term of office, except as hereinafter prescribed, shall be for one year from the date of their appointment or election, and who shall serve at every general, special or other election held within their districts during such term. The term of office of inspectors of election in towns shall be for two years.

No person shall be appointed or elected an inspector of election, poll clerk or ballot clerk who is not a qualified voter of the

county if within the city of New York, or of the city if in any other city, or of the election district of the town in which he is to serve, of good character, able to speak and read the English language understandingly, and to write it legibly, and who does not possess a general knowledge of the duties of the office to which he is elected or appointed, or who is a candidate for any office to be voted for by the voters of the district in which he is to serve, or who has been convicted of a felony and not restored to citizenship, or who holds any public office except that of notary public or commissioner of deeds, town or village assessor, justice of the peace, police justice of a village, village trustee, water commissioner, officer of a school district, or overseer of highways, whether elected or appointed, or who is employed in any public office or by any public officer whose services are paid for out of the public money other than is excepted herein.

Each class of such officers shall be equally divided between the two political parties which at the general election next preceding that for which such officers are to serve, cast the highest and the next highest number of votes. Where election officers are appointed the qualifications required of them by this section shall be determined by an examination by or under the direction of the appointing board or officer.

Derivation: Election Law, § 11, subd. 1, as amended by L. 1897, ch. 410, § 1; L. 1898. ch. 335, § 2; L. 1899, ch. 630, § 1; L. 1901, ch. 95, § 5; L. 1901, ch. 536, § 1.

Amended by L. 1914, ch. 239, in effect Apr. 8, 1914.

Consoldators' note.-Until L. 1901, ch. 95, the matter in subdivision 1 constituted the whole section. That act added a new subdivision 2 creating the board of elections in New York city, and also corrected a defective expression in subdivision 1 that had been put in by L. 1899, ch. 630, which had provided that no inspector, etc., should be appointed "who is not a qualified elector of the county, if within the city of New York or of any other city or of the election district of the town in which he is to serve." L. 1901, ch. 95, had corrected this by making" or of any other city" read "or of the city if in any other city; "but chapter 536 (the succeeding and last amendment) followed the previous amendment (the draftsman presumably being ignorant of chapter 95) and revived the defect, at the same time wholly neglecting to recognize that the matter amended had become subdivision 1, and referring to it as "section eleven," and likewise ignoring the new subdivision 2. The defective expression is here cured again.

Cross-References.-Similar provisions as to qualifications. Public Officers Law, 3 (part 6, post); Town Law, § 81 (part 8, post); Village Law, 9 42 (part 9, post). Bipartisan election boards. N. Y. Constitution, art. 2, § 6 (part 2, post). Oath of office. Election Law, §§ 307, 357; Public Officers Law, § 10 (part 6, post); N. Y. Constitution, art. 13 (part 2, post). Failure to file nath. Public Officers Law, §§ 13, 30 (part 6. post); Penal Law, § 1820. Effect

of failure to file on official acts. Public Officers Law, § 15 (part 6, post); Penal Law, § 1821. Compensation for attendance at elections, etc. Election Law, § 319. Persons serving temporarily as inspectors of elections serve without pay. Election Law, § 313. Exempt from civil service examinations and rules. Civil Service Law, § 9. Exempt from jury duty. Election Law, § 309. No ballot clerks where machines are adopted. Election Law, § 418. Acting as election officer without being qualified, etc. Penal Law, § 764 (part 5, post). Misconduct by election officers. Penal Law, § 762 (part 5, post).

Compensation of election officers in towns. If a different rate is not otherwise established as herein provided, each inspector of election, ballot clerk and poll clerk is entitled to two dollars per day; but the board of supervisors may establish in their county a higher rate, not exceeding six dollars per day. Town Law, § 85. '

Inspectors.

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Where the inspectors who opened the polls in the morning are not regularly sworn, and have been appointed by less than the required number of town officers, such appointment is, nevertheless, a colorable authority for them, and their acts as inspectors de facto are valid so far as third persons are concerned. People v. Cook, (1853) 8 N. Y. 67, aff'g 14

Barb. 259.

Yet such defective appointment does not displace the elected inspectors who, on appearing at the poles, have a right as inspectors de jure to take charge of the election and make the returns. People v. Cook, (1853) 8 N. Y. 67, aff'g 14 Barb. 259.

An omission by the inspectors of election to comply with such statutory requirements as are directory and not jurisdictional does not per se invalidate the votes cast in the district though the inspectors might be punished for their omission by indictment. People v. Cook, (1853) 8 N. Y.‍ 67, aff’g 14 Barb. 259.

Where the oath was irregularly administered to the inspectors of election who were, however, ignorant of the fact, the oath was held valid and the election not vitiated. People v. Cook, (1853) 8 N. Y. 67, aff'g 14 Barb. 259. \ The county canvassers have no right to reject the certificate of a board of inspectors regular on its face and presented to them in time. People v. Cook, (1853) 8 N. Y. 67, aff'g 14 Barb. 259.

Division of election officers between political parties. The provision of this section, that inspectors in election districts shall be equally divided between the two political parties which at the general election next preceding that for which such officers are to serve cast the highest and the next highest number of votes refers to the highest and next highest number of votes in the State. Matter of Knollin, (1908) 59 Misc. 373, 112 N. Y. upp. 332, aff'd 128 App. Div. 908, 196 N. Ý. 526.

Acts of electon officers not reviewable by certiorari. — Inspectors of elections are simply ministerial officers, their acts and conduct cannot be reviewed by certiorari. People ex rel. Brooks v. Bush, (1897) 22 App. Div. 363, 48 N. Y. Supp. 13, and cases there cited. See also People er rel. Stapleton v. Bell, (1890) 119 N Y. 175.

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Opinions of attorney-general as to election officers. An elector, resident of a city, who is otherwise qualified, may serve as an inspector, poll clerk or ballot clerk in a district of the city other than that in which he resides. Report of Atty.-Gen., (1896) 229.

Ballot clerks and poll clerks are election officers. (1896) 230.

Candidates for office cannot serve as election officers. (1901) 296, (1903) 463, (1905) 533.

Report of Atty.-Gen.,

Report of Atty.-Gen.,

This section does not apply to a person who is employed by a public officer in a private capacity, clerk in store, coachman, gardener, etc. Report of Atty. Gen., (1896) 221.

Inspectors, employee of public officer ineligible. Report of Atty. Gen.. (1899) 323.

An inspector of election in a town or village may accept the office of village clerk. Report of Atty.-Gen., (1898) 261.

A deputy sheriff is a public officer within the meaning of this section. Roport of Atty.-Gen., (1897) 246.

A postmaster is a public officer. Report of Atty. Gen., (1897) 247.