This provision extends to persons holding office under the laws of the United States, as a postmaster. It is not retroactive. Report of Atty.Gen. (1896), 226.

Poll clerks in towns hold office for two years, Report of Atty.-Gen. (1902), 310.

An irregularity in the appointment of inspectors will not invalidate the election at which they officiate. Report of Atty.-Gen. (1895), 253.

A person appointed to the office of inspector of election, who is later chosen to and serves in the office of village treasurer, may perform the duties of inspector of election while holding the other office. Report of Atty.-Gen. (1911), vol. 2, p. 451.

§ 303. Appointment of election officers in cities.

The board of elections of the city of New York and the mayor of each other city shall, on or before the first day of September of each year, select and appoint election officers for each election district therein, and may fill any vacancy which may occur before the opening of the polls on election day.

Each political party entitled to representation in any board of election officers may, not later than the first day of July in each year, file with such board or mayor an original list of persons, members of such party duly qualified to serve as election officers. A supplemental list of persons may also be filed containing not more than ten names for each office. Additional supplemental lists for any election district may be filed at any time before the appointments for such districts are made and certified by such board or mayor or when a vacancy shall exist in the original list by reason of the disqualification, resignation, declination, or withdrawal of the name by the person or persons submitting the same, of any person on such list, and all appointments shall be made from the original list if those named therein are found qualified; if not so qualified, then from a supplemental list so filed. If within ten days after notice in writing by the board or mayor to the chairman of the committee or other person by whom the list is filed or authenticated, such chairman or other person shall neglect to file an additional list, the board or mayor may appoint qualified persons, members of the party in default, to act as election officers.

Derivation: Election Law, pt. of § 12, as amended by L. 1897, ch. 379, § 5; L. 1898, ch. 675, § 1; L. 1899, ch. 630, § 2; L. 1901 ch. 95, § 6; L. 1904, ch. 70, § 1.

Cross-References. See note to preceding section.

Election officers must be selected from State parties. — No local faction or organization is in and of a party and entitled to representation in the election officers, unless it is recognized by and thus actually in and of the State party organization. People v. Gleason, (1896) 18 Misc. 511, 70 N. Y. St. Rep. 1084, 42 N. Y. Supp. 1084.

The choosing of election officers from an irregular local organization in disregard of lists filed and authenticated by the regular local organization is a violation of the Election Law. People v. Gleason, (1896) 18 Misc. 511, 76 N. Y. St. Rep. 1084, 42 N. Y. Supp. 1084.

Selection from two dominant parties. — Only the two dominant political parties must be taken into consideration in choosing election boards, without regard to subordinate factions. People ex rel. Van Wyck v. Wheeler, (1879) 18 Hun 540.

Failure to appoint inspectors.

The failure to appoint inspectors within the time prescribed by law will not render subsequent appointments invalid in the absence of any statutory prohibition to that effect. People ex rel. McMackin v. Board of Police, (1887) 46 Hun 296, aff'd 107 N. Y. 235. Failure of officers to take oath. - An election is not vitiated if inspectors or clerks fail to take oath, though such failure may be punished by indictment. People v. Cook, (1853) 8 N Y. 84.

Appointment of election officers in New York county.—The power to select election officers in the county of New York rests in the county committee of the party, whose action is to be authenticated by the chairman of its executive committee; and where the power is so, exercised and authenticated, the court will not consider a claim that a recommendation of a committee of an assembly district to the county committee was disregarded, although the recommendations of committees of other assembly districts were adopted. Sheehan v. McMahon, (1899) 44 App. Div. 63, 60 N. Y. Supp. 452, aff'g 28 Misc. 733, 59 N. Y. Supp. 969.

See also People ex rel. Hayes v. MacLean, (1890) 25 Abb. N. C. 466, 12 N. Y. Supp. 521; People ex rel. Smith v. Hasbrouck, (1878) 54 How. Pr. 418. $304. Authentication of party lists.

In the city of New York such lists shall be authenticated and filed by the chairman of the county committee of the party in the respective counties within such city; in other cities, by the chairman or secretary of the general city committee of such party, if there be such a committee, or if not, then by the chairman or secretary of the general county committee of such party, if there be such a committee, or if not, then by the corresponding officer of any committee performing the usual functions of a city or county committee; provided, however, that if in any city more than one such list be submitted in the name or on behalf of the same political. party, only that list can be accepted which is authenticated by the proper officer or officers of the faction or section of such party, which was recognized as regular by the last preceding state convention of such party; or, where no such convention has been held within the year, by the proper officer of the faction or section of said party which at the time of the filing of said list is recognized as regular by the state committee of such party which was organized by or pursuant to the direction of the last preceding state convention of such party.

Derivation: Election Law, pt. of § 12, as amended by L. 1897, ch. 379, § 5; L. 1898, ch. 675, § 1; L. 1899, ch. 630, § 2; L. 1901, ch. 95, § 6; L. 1904, ch. 70, § 1. Amended by L. 1915, ch. 678, in effect May 22, 1915.

Construction of section. This section must be construed in the light of section 9 of the Primary Election Law (now Election Law, § 64), providing that each county or city committee and the officers thereof shall have all the power and authority, and shall perform all the duties in respect to the nominations of officials to serve at general elections conferred upon the general committee, the county committee, the State committee and the execu tive committee or officers thereof given to any party in the said city or county by this section. People ex rel. McCarran v. Dooling, (1908) 128 App. Div. 1, 112 N. Y. Supp. 71, rev'g 60 Misc. 132, 112 N. Y. Supp. 67, aff'd 193 N. Y. 604.

Although section 12 (now § 304) of the Election Law as originally enacted in 1896 contained a proviso that, if more than one list of election officers be submitted in the name of the same political party, only that list can be accepted which is authenticated by the proper officers of the faction which was organized as regular by the last preceding State convention of such party, and although said proviso was permitted to remain in the subsequent amendments to such section, nevertheless, on the enactment of the Primary Law in 1898, which expressly repealed all acts or parts of acts inconsistent therewith, the said proviso was repealed as otherwise the Primary Law would have been rendered nugatory. People ex rel. McCarran v. Dooling, (1908) 128 App. Div. 1, 112 N. Y. Supp. 71, rev'g 60 Misc. 132, 112 N. Y. Supp. 67, aff'd 193 N. Y. 604.

A "faction or section" of a political party cannot file a list of election officers merely because it has been recognized as regular by the State conven

tion, if in fact the list was not filed by the chairman of any executive committee of a county committee constituted or attempted to be constituted by election at the primary election on the annual primary day. People ex rel. McCarran v. Dooling, (1908) 128 App. Div. 1, 112 N. Y. Supp. 71, rev❜g 60 Misc. 132, 112 N. Y. Supp. 67, aff'd 193 N. Y. 604.

The recognition of a faction as regular by the State convention does not ipso facto absolve that body from compliance with the Primary Law in constituting its committees. A faction stamped as regular has no prerogative above the law and must be regular in its observation of the law as well as in its recognition by the State convention. People ex rel. McCarran v. Dooling, (1908) 128 App. Div. 1, 112 N. Y. Supp. 71, rev'g 60 Misc. 132, 112 N. Y. Supp. 67, aff'd 193 N. Y. 604.

Where an alleged committee of a faction of a political party was not voted for and made no contest for election as county committeemen at the previous primaries, no faction, group or section" within the meaning of the Election Law is created or exists for the purpose of presenting the matter to the State convention to give it jurisdiction. People ex rel. McCarran v. Dooling, (1908) 128 App. Div. 1, 112 N. Y. Supp. 71, rev'g 60 Misc. 132, 112 N. Y. Supp. 67, aff'd 193 N. Y. 604.

Selection of election officers in New York county. The power to select election officers in the county of New York rests in the county committee of the party, whose action is to be authenticated by the chairman of its executive committee; and where the power is so exercised and authenticated, the court will not consider a claim that a recommendation of a committee of an assembly district, to the county committee, was disregarded, although the recommendations of committees of other assembly districts were adopted. Matter of Sheehan v. McMahon, (1899) 44 App. Div. 63, 94 N. Y. St. Rep. 452, 60 N. Y. Supp. 452, aff'g 28 Misc. 733, 59 N. Y. Supp. 969.

305. Examination as to qualifications.

All persons so proposed for appointment shall be examined as to their possessing the qualification required by section three hundred and two of this chapter by or under the direction of the mayor or board, who shall give five days' notice in writing of such examination to the person to be examined, and also the chairman of the committee or other person by whom the list is filed and authenticated, and such chairman or other person may appear and be heard at such examination, either in person or by counsel. If a person so nominated after examination is found qualified, under section three hundred and two of this chapter, he shall be appointed to the position for which he was recommended. If a person so proposed is found disqualified after examination, notice in writing to that effect shall be given by the mayor or board within three days after such disqualification is determined by such mayor or board, to the chairman of the committee or other person by whom the list embracing the name of the person so disqualified was authenticated, and the vacancy shall be filled by the appointment of a qualified person named in a supplemental list filed on behalf of the same party, except that if a party entitled to representation files no list the appointment may be made without such list, as provided in section three hundred and three, after examination. If the person recommended shall have served as an election official at any previous election, it shall not be necessary for him to be examined.

Derivation: Election Law, pt. of § 12, as amended by L. 1897, ch. 379, 5; L. 1898, ch. 675, § 1; L. 1899, ch. 630, § 2; L. 1901, ch. 95, § 6; L. 1904, ch. 70, § 1.

Amended by L. 1911, ch. 649. In effect July 13, 1911

$306. Party selection in the city of New York,

In the city of New York the members of the board charged with the duty of appointing election officers, who represent the same political

party, shall have the exclusive right and be charged with the exclusive duty of selecting from the list submitted, or, in lieu of said list, the members of such party who are to be appointed as election officers.

Derivation: Election Law, pt. of § 12, as amended by L. 1897, ch. 379. § 5; L. 1898, ch. 675, § 1; L. 1899, ch. 630, § 2; L. 1901, ch. 95, § 6; L. 1904, ch. 70, § 1.

§ 307. Oath of Office; certificate of appointment.

Every person so appointed as an election officer shall, within five days after notice of his appointment, take and subscribe the constitutional and statutory oath of office, which shall be administered, if in the city of New York, by a commissioner of elections, or by any clerk or other employee of said board of elections who shall be designated by said board in writing over the signature of its president to administer said oath of office, and if in any other city, by the mayor thereof or by any other person or persons designated by him for that purpose; and all of said officers, and all clerks or persons so designated by them or him for that purpose, shall be and are hereby authorized and empowered to administer such oath.

Every person so sworn as an election officer shall receive a certificate of appointment and qualification, signed by the person who administered the oath, in such form as may be approved by the board or mayor by which or whom he was appointed, and specifying the capacity and the election district in which he is to serve and the date of the expiration of his term of office.

Derivation: Election Law, pt. of § 12, as amended by L. 1897, ch. 379, § 5; L. 1898, ch. 675, § 1; L. 1899, ch. 630, § 2; L. 1901, ch. 95, § 6; L. 1904, ch. 70, § 1.

Cross-References. As to oath to be taken by election officers before opening of polls on election day, see Election Law, § 357. See also note to Election Law, § 302.

As to form of oath of office, see Forms (part 12, post).

$308. Removals; vacancies; transfers.

Any election officer so appointed may be removed for cause by the board or mayor making the appointment, in which case such removal, unless made while such officer is actually on duty on the day of regis tration, revision of registration or election, and for improper conduct as election officer, shall only be made after notice in writing to the officer to be removed, which notice shall set forth clearly and distinctly the reasons for his removal. In cities of the first class, it shall be the duty of the board or mayor making the appointment of an election officer, to remove forthwith such officer, without preferring any charges and without notice to such officer, upon the written request of the official of the political party who certified the name of such election officer or his successor. All such vacancies so created shall be filled in the same manner as the original appointment was made. Any election officer who shall at any time be appointed to fill a vacancy, which fact shall be stated in his certificate of appointment, shall hold office only during the unexpired term of his predecessor.

No election officer shall be transferred from one election district to

another after he has entered upon the performance of his duties and no election officer shall serve in any county save that in which he shall reside.

Derivation: Election Law, pt. of § 12, as amended by L. 1897, ch. 379, § 5; L. 1898, ch. 675, § 1; L. 1899, ch. 630, § 2; L. 1901, ch. 95, § 6; L. 1904, ch. 70, § 1.

Consolidators' note. The provisions regarding penalties which in the original section appear between the two paragraphs of this section are here made section 310.

309. Certificates of service; exemption from jury duty; payment.

The chairman of each board of inspectors of each election district shall, within twenty-four hours of any election, furnish to the mayor or board appointing such officers, if required so to do by such mayor or board, under his hand, a certificate stating the number of days of actual service of each member of such board, the names of the persons who served as poll clerks and ballot clerks on election day and the number of days during which the store, building or room hired for registration and election purposes was actually used for such purposes. Any person acting as such chairman, who shall wilfully make a false certificate, shall be guilty of a misdemeanor.

All persons appointed and serving as election officers on any of the days of registration or of election or of count of votes in cities of the first class shall be exempt from jury duty for one year from the date of the general election at which they serve. Such officers shall be paid by the comptroller of the respective cities within twenty days after the election at which such officers served, upon the certificate of the board or mayor appointing them.

Derivation: Election Law, pt. of § 12, as amended by L. 1897, ch. 379, § 5; L. 1898, ch. 675, § 1; L. 1899, ch. 630, § 2; L. 1901, ch. 95, § 6; L. 1904, ch. 70, § 1.

Forms. Form for chairman's certificate. See Forms (part 12, post).

§ 310. Special penalties.

Every person appointed as an election officer, failing to take and subscribe the oath of office as hereinbefore prescribed or who shall wilfully neglect or refuse to discharge the duties which he was appointed to perform, shall, in addition to the other penalties prescribed by law, be liable to a fine of one hundred dollars, to be sued for and recovered by the mayor or board making the appointment, in a court of record, for the use and benefit of the treasury of such city. Any election officer who, being removed for cause, shall fail upon demand to deliver over to his successor the register of the voters, or any tally sheets, book, paper, memorandum or document relating to the registration of voters or the election in his possession, so far as he has made it, shall be liable to a like penalty to be recovered in a like manner for the benefit of such city.

Derivation: Election Law, pt. of § 12, as amended by L. 1897, ch. 379, 5; L. 1898, ch. 675, § 1; L. 1899, ch. 630, § 2; L. 1901, ch. 95, § 6; L. 1904, ch. 70, § 1.