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tion officers and every part of the polling place except the inside of the booths shall be in plain view of the election officers and the persons just outside the guard-rail. Such booths shall be so arranged that there shall be no access to intending voters or to the booths through any door, window or opening, except by the door in front of said booth.

Derivation: Election Law, § 17.

See

Cross-References. — Supplies for voting booths, how furnished. Election Law, § 341. Removal, mutilation or destruction of election booths. supplies, etc. Penal Law, § 758 (part 5, post).

§ 318. Apportionment of election expenses.

The expense of providing polling places, voting booths, supplies therefor, guard-rails and other furniture of the polling place, and distance markers, and the compensation of the election officers in. each election district, shall be a charge upon the town or city in which such election district is situated, except that such expenses incurred for the purpose of conducting a village election not held at the same time as a general election shall be a charge upon the village.

The expense of printing and delivering the official ballots, sample ballots and cards of instruction, poll books, tally sheets, return sheets for inspectors and ballot clerks, and distance markers to be used at a town meeting or city or village election not held at the same time as a general election, and of printing the lists of nominations therefor shall be a charge upon the town, city or village in which the meeting or election is held. The expense of printing and delivering the official ballots, sample ballots and cards of instruction, poll books, tally sheets, return sheets for inspectors and ballot clerks, and distance markers to be used in any county, except such counties or portions thereof as are included within the city of New York, at any other election, if no town meeting or city or village election be held at the same time therewith, and of printing the lists of nominations therefor, shall be a charge upon such county. The expense of printing and delivering the official ballots, sample ballots and cards of instruction, poll books, tally sheets, return sheets for inspectors and ballot clerks, and distance markers, to be used in any such county at any other election, and of printing the lists of nominations therefor, if the town meeting or city or village election be held in such county at the same time therewith, shall be apportioned by the county clerk between such town, city or village and such county, in the proportion of the number of candidates for town, city or village officers on such ballots, respectively, to the whole number of candidates thereon, and the amount of such expense so apportioned to each such municipality shall be a charge

thereon.

Whenever voting machines are used in an election by any city, town or village, only such expenses as are caused by the use of such machines, and such as are necessary for the proper conduct of the elections as required by this chapter shall be charged to such city, town or village.

All expenses relating to or connected with elections lawfully incurred by the board of elections of the city of New York shall be a

charge on such city, and after being audited by the proper officer, shall be paid by the comptroller of said city upon the certificate of such board.

Derivation: Election Law, pt. of § 18, as amended by L. 1897, ch. 379, § 6; L. 1899, ch. 467, § 1, and ch. 630, § 3; L. 1900, ch. 381, § 2, and ch. 711, § 1; L. 1901, ch. 95, § 7.

Publication In New York city of list of registration and polling places. See Morning Telegraph Co. v. City of New York, (1909) 132 App. Div. 634, 117 N. Y. Supp. 496, aff'g 61 Misc. 511, 115 N. Y. Supp. 549.

§ 319. Fees of election officers and others.

1. The county clerk of each county, not salaried, shall be paid by such county a reasonable compensation for his services in carrying out the provisions of this chapter, to be fixed by the board of super visors of the county, or the board acting as such board of supervisors. The town clerk of each town shall be paid by such town a reasonable compensation for his services in carrying out the provisions of this chapter, to be fixed by the other members of the town board of the town. Ballot clerks shall receive the same compensation for their attendance at an election as inspectors of election for the election and be paid in like manner. Poll clerks shall receive the same compensation for their attendance at an election and canvass of the votes as inspectors of election and be paid in like manAn inspector of election lawfully required to file papers in the county clerk's office shall, unless he resides in the county if within the city of New York, or in any other city or town in which such office is situated, be entitled to receive as compensation therefor five dollars, and also four cents a mile for every mile actually and necessarily traveled between his residence and such county: clerk's office in going to and returning from such office.

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2. In cities of the first class having a population of two million or more inhabitants the persons appointed and serving as inspectors of election shall receive four dollars for the hours fixed by law for each day of registration from Monday to Friday inclusive, and ten dollars for such hours on the last day of registration and on the day of revision of registration for a special election, and seven dollars for the hours fixed by law for the election, and five dollars for the count and return of the votes. The poll clerks in such city shall each receive the same compensation as inspectors for the election and for the count of the votes, and the ballot clerks shall receive eight dol lars each. Such officers shall be paid by the comptrollers of the respective cities upon the certificate of the board or officer appointing them.

3. Election officers required to meet at a different time from the regular count of the votes cast at a general election for the purpose of counting and returning the votes of electors absent from their election districts in time of war in the actual military or naval service of this state or of the United States shall be paid five dollars each.

Derivation: Election Law, pt. of § 18, as amended by L. 1897, ch. 379, § 6; L. 1899, ch. 467, § 1, and ch. 630, § 3; L. 1900, ch. 381, § 2, and ch. 711, § 1; L. 1901, ch. 95, § 7. Amended by L. 1915, ch. 678, in effect May 22, 1915.

Cross-References.-As to compensation of election officers in towns, see note to Election Law, § 311.

Compensation of town clerk.-Under this section the town board has the right to fix a reasonable compensation for services of the town clerk in carrying out the provisions of this act. When they have determined the amount of such compensation, the town board of audit must audit the claim

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157 and cannot refuse on the ground that the allowance was unreasonable. People ex rel. Gedney v. Sippell, (1907) 116 App. Div. 753, 102 N. Y. Supp. 69.

§ 320. Delivery of election laws to clerks, boards and election officers.

The secretary of state shall at least sixty days before each general election cause to be prepared a compilation of the election law with explanatory notes and instructions, properly indexed, and procure the same to be printed by the legislative printer, and transmit to the board of elections of each county, and to the board of elections of the city of New York, located in the borough of Manhattan, and to the branch office of the board of elections in each of the other boroughs of the city of New York, a sufficient number of copies thereof to furnish one such copy to each member of each such board and to each of said branch offices of the board of elections of the city of New York and one to each county, town, village and city clerk and to each election officer in any such county: and said boroughs, together with such number of extra copies as may in his judgment be necessary to replace copies lost or mutilated before delivery thereof to election officers.

The board of elections of each county, except those counties the whole of which is included within the city of New York, shall forthwith transmit one of such copies to each of such officers in such county, and the board of elections of the city of New York shall cause to be delivered one of such copies to each of such officers in the city of New York. Each copy so received by each such officer shall belong to the office of the person receiving it. Every incumbent of the office shall preserve such copy during his term of office and upon the expiration of his term or removal from office deliver it to his successor. The secretary of state shall also transmit to the state superintendent of elections a sufficient number of such copies to furnish one of such copies to the superintendent and to each deputy.

Derivation: Election Law, § 19, as amended by L. 1897, ch. 379, § 7; L. 1899, ch. 630, § 4; L. 1901, ch. 95, § 8; L. 1905, ch. 643, § 6.

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

Constitutional.- The provision of this section authorizing the secretary of state to print a compilation of the Election Laws does not violate the provision of the United States Constitution prohibiting the passage of laws impairing the obligation of contracts. People ex rel. Weed-Parsons Printing Company v. Palmer, (1896) 18 Misc. 103, 41 N. Y. Supp. 878.

ARTICLE 9.

BALLOTS AND STATIONERY.

Section 330. Official ballots for elections.

331. Classification of ballots; form of ballots for candidates.

332. Form of ballot for questions submitted.

333. Sample ballots, instruction cards and stationery.

333a. Additional sample ballots in the year nineteen hundred and
fourteen; distribution of such ballots.

334. Blank forms for election officers.

335. Form of ballot clerk's return.

336. Description of tally sheets.

337.

338.

Forms of return and tally of votes cast for presidential electors.
Forms of return and tally of votes for officers other than presi-
dential electors.

339. Forms of return and tally of votes upon questions submitted.
340. Number of official ballots.

341. Officers providing ballots and stationery.
342. Public inspection of ballots.

.343. Distribution of ballots and stationery.
344. Errors and omissions in ballots.
345. Unofficial ballots.

330. Official ballots for elections.

Official ballots shall be provided at public expense at each polling place for every election at which public officers are to be elected directly by the people, except an election of school district officers or school officers of a city or village at which no other public officer is to be elected, and except an election of officers of a fire district outside of cities and incorporated villages, at which excepted elections any form of ballot which may be adopted and used by the meeting at which such election shall be had shall be legal.

Derivation: Election Law, § 80, as amended by L. 1897, ch. 609, § 1.
Cross-References. Expense of ballots. Election Law, § 318. Officers pro-
viding ballots. Election Law, § 341. Misconduct in relation to official ballots.
Penal Law, § 760 (part 5, post).

§ 331. Classification of ballots; form of ballots for candidates. 1. General provisions. There shall be five kinds of ballots, called respectively ballots for presidential electors, ballots for general officers, ballots upon constitutional amendments and questions submitted, ballots upon town propositions, and ballots upon town appropriations, which shall be used for the purposes which their names severally indicate and not otherwise. Ballots for general officers shall contain the names of all candidates except presidential electors. All ballots shall be printed in black ink, on book paper of good quality free from ground wood, five hun

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dred sheets of which twenty-five by thirty-eight inches in size shall weigh sixty pounds and shall test for that size and weight at least twenty points on a Morrison tester. They shall be rectangular in shape, not less than eight inches in width and twelve inches in length, and shall have a margin extending beyond any printing thereon.

All ballots of the same kind for the same polling place shall be of precisely the same size, quality and shade of paper, and of precisely the same kind and arrangement of type and tint of ink. A different, but in each case uniform, kind of type shall be used for printing the names of candidates, the titles of offices, political designations, and the reading form of constitutional amendments and other questions and propositions submitted. The names of candidates shall be printed in capital letters in black-faced type not less than one-eighth nor more than three-sixteenths of an inch in height.

Each ballot shall be printed on the same sheet with a stub and shall be separated therefrom by a horizontal line of perforations extending across the entire width of the ballot. On the face of the stub shall be printed the instructions to voters hereinafter provided. On the back of the stub, immediately above the center of the indorsement on the back of the ballot hereinafter referred to, shall be printed "No. .....," the blank to be filled with the consecutive number of the ballot, beginning with "No. 1," and increasing in regular numerical order.

On the back of the ballot, below the line of perforations, just to the right of the center, and outside when the ballot is folded, shall be printed the following indorsement, the blanks being properly filled and the numbers running from one upward, consecutively:

Official ballot (for Presidential Electors).
County of

Assembly District (ward or town).
Election District.

(Date of Election.)

(Facsimile of the signature of officer causing the ballot to be printed.)

Each ballot shall be printed in sections, on which the candidates' names, emblems and political designations, or the constitutional amendment, or other question submitted, with the voting, squares, and other requisite matter shall be boxed in by heavy! black lines in the manner indicated in the illustration of the ballot hereinafter provided. The voting squares and the spaces occupied by emblems shall have a depth and width of five-sixteenths of an

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