§ 311. Appointment of inspectors of election in towns.

Except as provided in section two hundred and ninety-six, inspectors of election in towns shall be appointed by the town board in each year in which a town meeting is held for the election of town officers, and within thirty days thereafter. Such appointments shall be made from lists to be prepared, certified and filed in the manner hereinafter provided, by the two political parties entitled to representation on a board of election officers. The town caucus or primary held by each such political party for the purpose of nominating town officers shall prepare a list containing the names of at least two persons, qualified to serve as inspectors of election, for each election district in said. town, which lists shall be certified by the presiding officer and a secretary of said caucus or primary, and filed with the town clerk in the same manner and at the same time as the party certificate of nomination filed by said party. From each of the two lists so filed, the town board shall appoint two persons who possess the qualifications prescribed by law for election officers. If in any town more than one such list be submitted on behalf or in the name of the same political party, only that list can be accepted which is certified by the proper officer or officers of the faction of such party which was recognized as regular by the last preceding state convention of such party; or if no such convention was held during the year, by the proper officer or officers of the faction of such party, which at the time of the filing of such list is recognized as regular by the state committee of such party.

Such appointment shall be made in writing and filed with the town clerk, who shall forthwith notify each person so appointed of his appointment to said office, in the manner in which he is now by law required to give notice to a person of his election to a town office when his name does not appear upon the poll list at the town meeting at which he was elected to said office. From the additional names, if any, contained on the lists so filed, of persons qualified to serve as such. the town board shall appoint inspectors of election in case of the resignation, declination or other incapacity of persons appointed to such office. If such lists contain no additional names of such persons, the town board shall fill vacancies caused by such resignation, declination or other incapacity by appointing persons known, or proved to the satisfaction of a majority of the members of said board to be members of the same political party in which such vacancy occurred. All appointments to fill vacancies shall be made in writing and filed with the town clerk, and notices thereof given by him as hereinbefore provided in the case of an original appointment.

Derivation: Election Law, pt. of § 13, as amended by L. 1898, ch. 335, § 3; L. 1901, ch. 536, § 2.

Consolidators' note. Section 296 (old section 8) prescribes that inspectors of election shall be elected in towns, where election districts are changed. This section provides that they shall be appointed by the town board. The last amendment to section 296 having been made in 1906, while the last amendment to this section was made in 1901, the provisions of section 296 would govern in cases of conflict. Accordingly the words "except as provided in section two hundred and ninety-six" have been supplied.

Cross-References. - Term of office of inspectors, two years. Town Law, 82 (part 8, post). Oath of office of person elected or appointed to any town

office, when to be taken and filed. Town Law, § 83 (part 8, post). Power of town board to fill vacancies in any town office. Town Law, § 130 (part 8, post). As to oath of office, see also Election Law, §§ 307, 357; N. Y. Const., art. 13 (part 2, post); and Public Officers Law, § 10 (part 6, post). See also notes to Election Law, §§ 302 and 307.

Forms.

Form for bill for compensation of election officers in towns. See Forms (part 12, post). Compensation of town election officers.—"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 super visors may establish in their county a higher rate, not exceeding six dollars per day." Town Law, § 85.

Although town election officers were employed from five A. M. until nearly midnight at a general election, held, that they were only entitled to one day's pay under section 178 (now § 85) of the Town Law and that the statute fixing the number of hours which shall constitute a day's work by its terms does not apply to such offices. People ex rel. Kleet v. Town Bd. West Turin, (1899) 27 Misc. 470, 59 N. Y. Supp. 234.

Account of inspectors, etc., in towns, how made out. "No account shall be audited by any board of town auditors or supervisors for

any services or disbursements unless such account shall be made out in items and accompanied with an affidavit attached thereto, and to be filed with such account, made by the person presenting or claiming the same, that the items of such account are correct and that the disbursements and services charged therein have been in fact made or rendered or are necessary to be made or rendered at that session of the board, and stating that no part thereof has been paid or satisfied; and the chairman of the board may administer any oath required under this section." Extract from Town Law, § 175.

§ 312. Appointment of poll clerks and ballot clerks in towns. At the first meeting in each year of the board of inspectors in every district in a town, one poll clerk and one ballot clerk shall be appointed by the two inspectors of election representing one of the political parties entitled to representation on such board, and one poll clerk and one ballot clerk shall be appointed by the two inspectors representing the other political party. Such appointments shall be in writing, signed by the inspectors making the appointments respectively, and shell be filed by them with the town clerk of the town in which such election district is situated, and a copy thereof with the post-office address of each person so appointed shall be mailed to the clerk of the county.

The poll clerks and ballot clerks so appointed shall hold their office during the term of office of the inspectors appointing them, except as hereinafter provided. The persons so appointed as poll clerks and ballot clerks shall be voters in the district in which they are appointed to serve, and shall possess the qualifications required of such officers by section three hundred and two of this article.

If at the time of any election at which poll clerks and ballot clerks are required to be present at the polling place in any election district, the office of a poll clerk or of a ballot clerk of such district shall be vacant, or a poll clerk or a ballot clerk shall be absent, the inspectors of election in such district shall forthwith appoint a person to fill such vacancy. Such person so appointed shall, before he acts as such poll clerk or ballot clerk, take the constitutional and statutory oaths of office.

Derivation: Election Law, pt. of § 13, as amended by L. 1898, ch. 335, § 3; L. 1901, ch. 536, § 2.

Cross-References.

Forms.

See note to preceding section.

As to form of appointment of poll clerks and ballot clerks in towns, see Forms (part 12, post).

§ 313. Supplying vacancies and absences.

If at the time of any meeting of the inspectors there shall be a vacancy or if any inspectors shall be absent from such meeting, the inspector present who shall be a member of the same political party as the absent inspector shall appoint a qualified voter of the district, who shall also be a member of the same political party as the absent inspector, to act in the place of such absent inspector for the whole. of that day.. And the person so appointed shall be paid the amount which the absent inspector, if he had been present, would have been entitled to be paid for his services upon that day, and the absent inspector shall not be paid for any services for that day.

If two inspectors, who are members of the same political party, shall be absent from any such meeting on election day, the poll clerk, if he be present, and if he be absent then the ballot clerk, who is a member of the same political party as the absent inspectors, shall appoint two qualified voters of the district, who shall be members of the same political party as the absent inspectors, to act in the place of such absent inspectors for the whole of that day; and the persons so appointed shall be paid the amounts which the absent inspectors, if they had been present, would have been entitled to be paid for their services upon that day, and the absent inspectors shall not be paid for any services for that day.

If two inspectors, who are members of the same political party, shall be absent on any of the days of registration, the inspector or inspectors present shall appoint qualified voters of the district, who shall be members of the same political party as the absent inspectors, to act until such absent inspectors, or their successors duly appointed as hereinbefore provided, shall appear and such persons, so serving temporarily, shall serve without pay.

If, at any such time, the offices of all inspectors are vacant, or no inspector shall appear within one hour after the time fixed by law for the opening of such meeting, the qualified voters of the district present, not less than ten, may designate four qualified voters of the district belonging to the political parties as specified in section three hundred and two, to fill such vacancies, or to act in the place of such inspectors respectively, until the absent inspectors respectively appear.

If at any time there shall be a vacancy in the office of any poll clerk or ballot clerk, or if any poll clerk or ballot clerk shall be absent from such meeting, the inspector or inspectors present, who shall be a member or members of the same political party as the absent poll clerk or ballot clerk, shall appoint a qualified elector of the district, who shall also be a member of the same political party as the absent poll clerk or ballot clerk to fill such vacancy.

Every person so appointed or designated to act as an inspector, poll clerk or ballot clerk shall take the constitutional and statutory oath as prescribed by this chapter.

Derivation: Election Law, pt. of § 14, as amended by L. 1904, ch. 487, § 1. Cross-References. Similar provisions as to supplying vacancies in office

of poll or ballot clerks in towns. See preceding section. Civil service rules and regulations do not apply to election officers. Civil Service Law, § 9.

Forms. Forms for appointment to fill vacancies and absences at meetings of inspectors. See Forms (part 12, post).

If no clerks can be procured election is not to fail, but inspectors must perform the clerks' duties. People v. Cook, (1853) 8 N. Y. 88.

§ 314. Organization of boards of inspectors.

Before otherwise entering upon their duties the inspectors of each district shall then immediately, appoint one of their number chairman; or, if a majority shall not agree upon such appointment, they shall draw lots for that position.

In all proceedings of the inspectors acting as registrars, inspectors or canvassers, they shall act as a board, and, in case of a question arising as to matters which may call for a determination by them, a majority of such board shall decide.

Derivation: Election Law, pt. of § 14, as amended by L. 1904, ch. 487, § 1, and pt. of § 103, subd. 1.

§ 315. Preservation of order by inspectors.

All meetings of the board of inspectors shall be public. Such board and each individual member thereof shall have full authority to preserve peace and good order at such meetings, and around the polls of elections, and to keep the access thereto unobstructed, and to enforce obedience to their lawful commands. The said board may appoint one or more voters to communicate their orders and directions, and to assist in the performance of their duties in this section enjoined. If any person shall refuse to obey the lawful commands of the inspectors, or by disorderly conduct in their presence or hearing shall interrupt or disturb their proceedings, they shall make an order directing the sheriff or any constable of the county, or any peace or police officer to take the person so offending into custody and retain him until the registration of voters or the canvass of the votes shall be completed, but such order shall not prohibit the person taken into custody from voting. Such order shall be executed by any sheriff, constable, peace or police officer, to whom the same shall be delivered, but if none shall be present, then by any other person deputed by such board in writing. The said board or any member thereof may order the arrest of any person other than an election officer violating or attempting to violate any of the provisions of this chapter.

Derivation: Election Law, § 15.

Cross-References. Disobedience of orders of inspectors. Penal Law, § 764 (part 5, post). Arrest without a warrant may be made by either a peace officer or by a private citizen when a crime is committed in his presence. Code of Criminal Procedure, §§ 177, 183.

Forms.Forms of precepts in case of refusal to obey the lawful commands of inspectors or disorderly conduct in presence or hearing of inspectors. See Forms (part 12, post).

Power of inspectors. Inspectors have a right to keep order during a canvass, but under pretense of same they have no right to turn out a peaceful and quiet citizen whose presence does not interfere with the discharge of their duties. Horton v. Whistler, (1886) 4 N. Y. St. Rep. 810.

§ 316. Ballot boxes.

Separate ballot boxes appropriately and conspicuously marked mus be provided as occasion shall require, to receive

1. Ballots for presidential electors.

2. Ballots for general officers.

3. Ballots upon constitutional amendments and questions submitted. 4. Ballots upon town propositions and upon town appropriations, 5. Ballots defective in printing or spoiled and mutilated.

6. Stubs detached from ballots.

Each box shall be supplied with a sufficient lock and key and with an opening in the top large enough to allow a single folded ballot to be easily passed through the opening, but no larger. It shall be large enough to receive all the ballots which may be lawfully deposited therein at any election, and it shall be well and strongly made and be free from checks and blemishes.

Each and every inspector of elections shall be personally responsible for the custody of each box and its contents from the time the election begins until the box is delivered, according to law, to the person entitled to receive it. Upon making any such delivery each inspector of elections shall be entitled to a receipt for each box delivered.

Derivation: Election Law, § 16, as amended by L. 1900, ch. 381, § 1; L. 1902, ch. 405, § 1; L. 1904, ch. 733, § 1.

Amended by L. 1911, ch. 649; L. 1913, ch. 821; L. 1917, ch. 703, in effect June 1, 1917.

§ 317. Voting booths and guard-rails.

There shall be in each polling place during each election a sufficient number of voting booths, not less than one for every seventy-five registered voters in the district. Each such booth shall be at least three feet square, shall have four sides inclosed, each at least six feet high, and the one in front shall open and shut as a door swinging outward, and shall extend within two feet of the floor. Each such booth shall contain a shelf which shall be at least one foot wide, extending across one side of the booth at a convenient height for writing, and shall be furnished with such supplies and conveniences including pencils having black lead only, as will enable the voters to conveniently prepare their ballots for voting. Each booth shall be kept clearly lighted while the polls are open, by artificial lights if

necessary.

A guard-rail shall be placed at each polling place at least six feet from the ballot boxes and the booths, and no ballot box or booth shall be placed within six feet of such rail. Each guard-rail shall be provided with a place for entrance and exit. The arrangement of the polling place shall be such that the booths can only be reached by passing within the guard-rail, and that the booths, ballot boxes, elec