1. To vote "Yes" on any question make a cross X mark in the square opposite the word "Yes." 2. To vote "No," make a cross X mark in the square opposite the word "No." 3. Mark only with a pencil having black lead. 4. Any other mark, erasure or tear on the ballot renders it void. 5. If you tear, or deface, or wrongly mark this ballot, return it and obtain another. The questions shall be numbered consecutively on the face of the ballot, and on the back of each voting section shall be printed the number of the question which it contains. So far as possible the ballots upon town propositions shall conform to the directions herein contained respecting the ballot on constitutional amendments and questions submitted. All ballots for the submission of town propositions for raising or appropriating money for town purposes, or for incurring a town liability, to be voted at any town meeting in any town, shall be separate from all other ballots for the submission of other propositions or questions to the electors of such town to be voted at the same town meeting or election. Such ballots shall be indorsed "ballot upon town appropriations." Derivation: Election Law, § 82, as amended by L. 1900, ch. 381, § 4; L. 1901, ch. 598, § 3. Amended by L. 1913, ch. 821, in effect Dec. 17, 1913. This section does not apply to an election held to determine the question of the incorporation of a proposed village. The general act for the incorporation of villages (ch. 291 of 1870) is not repealed directly or by implication by the Election Law. Official ballots need not be used in such an election. Matter of Taylor (1896), 3 App. Div. 244, 38 N. Y. Supp. 348, aff'd 150 N. Y. 242. Form of ballot. What addition to the ballot does not render it void. People ex rel. Williams v. Bd. of Canvassers (1905), 105 App. Div. 197, 94 N. Y. Supp. 996, aff'd 183 N. Y. 538. A question as to whether a village shall establish a lighting plant, submitted to the electors under section 241 of the Village Law, does not violate section 82 (now section 332) of the Election Law in stating more than one question because the ballots as printed authorized lighting by water power, steam power or purchased electric current, or any approved combination of these methods, but merely gives the village officers discretion in choosing the method to be used. Everett v. Village of Potsdam (1906), 112 App. Div. 727, 98 N. Y. Supp. 963. Ballots for raising money must be separate. Report of Atty.-Gen., (1903) 271. Local option propositions. It is not a valid objection to the legality of the submission of a local option proposition, when clearly distinguished upon a ballot, that the ballot contains constitutional amendments submitted to the people. Matter of Arnold (1900), 32 Misc. 439, 66 N. Y. Supp. 557. The provision of section 6 (now § 294) of the Election Law that amendments, propositions or questions shall be separately and consecutively num. bered does not apply to questions relating to the selling of liquor or to local option; but the provisions of section 82 (now § 332) of the Election Law, requiring a separate ballot where an amendment, proposition or question is to be submitted to vote and, where two or more are to be submitted, that they shall be separately numbered and printed, do apply to such ques tions. Matter of Webster (1906), 50 Misc. 253, 100 N. Y. Supp. 508, aff'd,' 113 App. Div. 888, 98 N. Y. Supp. 1116. See also opinion of Atty.-Gen. in report of 1903, p. 300. § 333. Sample ballots, instruction cards and stationery. Sample ballots of each kind equal in number to ten per centum of the number of official ballots provided therefor, shall also be provided for every polling place for which official ballots are required to be provided. Such sample ballots shall be printed on paper of a different color from any of the official ballots and without numbers on the stubs, but shall, in all other respects, be precisely similar to the official ballots to be voted at that polling place. One of each kind of such sample ballots shall, at any time. on the day of election, be furnished upon application to any voter entitled to vote at that polling place, and may be taken by him away from such polling place before receiving his official ballot or ballots. Two instruction cards, printed in English, and two printed in each of such other languages as the officer or officers charged with providing them shall deem necessary, shall also be provided for each such polling place, containing in clear large type, in red ink, brief but clear instructions to voters as to the manner of voting, and, in smaller type, a copy of such sections, of the penal law relating to crimes against the elective franchise as the board of elections shall select. Two sets of the sample ballots shall also be mounted on cards and displayed conspicuously at each polling place. The sample ballots so mounted shall not be defaced and shall be kept free from marks of any kind. There shall also be provided two poll books, a suitable number of markers, designated as "distance markers," to indicate the distance of one hundred feet from the polling place, a sufficient supply of all blanks and forms which are needed by the election officers, heavy manila envelopes for returns and excess ballots, labels, sealing wax, pencils having black lead only, pens, penholders, blotting paper and red and black ink. All such articles herein enumerated are hereby designated as "stationery." Derivation: Election Law, § 83. Amended by L. 1913, ch. 821; L. 1917, ch. 703, in effect June 1, 1917. Cross-references.- Officers providing ballots, stationery, etc. Election Law, § 341. Sample ballots, where voting machine is used. Eelction Law, § 398. Forms. For form for instruction card, see Forms (part 12, post). § 333a. Additional sample ballots in the year nineteen hundred and fourteen; distribution of such ballots. Added by L. 1914, ch. 243; repealed by L. 1916 ch. 537, in effect May 15, 1916. $334. Blank forms for election officers. 1. General provisions. At each election at which official ballots shall be used the officers charged with the duty of furnishing official ballots shall furnish to the board of inspectors of each election district printed blanks upon which the election officers shall make written returns showing the performance of their duties as such officers. These blanks shall include blanks for a return by the ballot clerks, tally sheets for tallying the votes as canvassed, and blanks for a return by the inspectors of the votes as tallied. There shall be furnished for each election district three copies of each of the return sheet blanks and two copies of each of the tally sheet blanks required at that election district and no more. Each blank shall have at the top in large letters a descriptive title according to the nature of the blank. It shall also contain immediately under the title a heading, showing the kind of election, whether special or general, the date, the name of the county, and the number of the assembly 'district and of the election district in which it is to be used. The other printed matter to appear on the several blanks shall be as hereinafter provided. 2. Forms of returns and tally sheets. The return blanks and tally sheet blanks shall be as nearly as possible in the forms hereinafter provided, and all returns and tally sheets must be kept and filled out according to the forms so provided and in accordance with the instructions contained therein. In printing the forms, the matter in brackets, [ ] being instructions to the printers, is to be omitted. The printer shall also omit the names and figures which are inserted in the forms for the purpose of illustration. A separate tally sheet shall be provided for each office or con stitutional amendment or question submitted for which votes are to be canvassed. 3. Penalty for refusal to fill out returns and tally sheets. Any election officer who shall willfully neglect or refuse to fill out any return or tally sheet according to the directions of this chapter shall be guilty of a misdemeanor. Derivation: Election Law, pt. of § 84. Amended by L. 1913, ch. 821, in effect Dec. 17, 1913. § 335. Form of ballot clerk's return. The ballot clerk's return shall be in the following form: Total number of Official Ballots for [General Officers] received .. Number cancelled before delivery to voters.. Number spoiled and returned by voters. Number remaining unused 800 2 485 Number remaining to be accounted for in the ballot box. Number of detached stubs... Number of stubs on unused ballots.. Total.... N. B. This total must exactly equal the number of ballots received. [Repeat the foregoing form for a return of each additional kind of ballot.] STATE OF NEW YORK] COUNTY OF The undersigned, being duly sworn, do depose and say, each for himself, that they have actually counted the cancelled ballots, and the ballots spoiled and returned by voters, and the detached stubs, day of November, and of the and that the foregoing is a correct return of the ballots delivered to us for the election held on the 19, at the Election District in the Assembly District in the County of disposition thereof at such election. Sworn to before me this day of November, 19. .Ballot Clerk. Inspector of Elections. Derivation: Election Law, pt. of § 84. Amended by L. 1913, ch. 821, in effect Dec. 17, 1913. Cross-references. -- Election Law, § 381. As to recount upon judicial investigation of ballots, see The duty of the inspectors to transcribe from the tally sheet on the official statement the totals is purely ministerial. Matter of Stewart, (1897) 24 App. Div. 201, 48 N. Y. Supp. 957, aff'd 155 N. Y. 545. The tally sheet is an essential part of a canvass, and the inspectors may be compelled by mandamus to make their returns agree with the tally sheets. Matter of Stewart, (1897) 24 App. Div. 201, 48 N. Y. Supp. 957, aff'd 155 N. Y. 545. Recount. The recount provided for in this section means a recount of the ballots which have been canvassed and recorded on a tally sheet on the theory that a mistake is due to the fact that the tally sheet did not set forth in the various columns all the ballots subject to canvass. Matter of Stiles, (1902) 69 App. Div. 589, 75 N. Y. Supp. 278. Where it appears, simply, that the number in the final column of the tally sheet is 482 and that the ballot clerk's return states that the number of official ballots actually voted is 484, a peremptory writ of mandamus will be issued requiring the election officers to reconvene and recount the ballots. Matter of Stiles, (1902) 69 App. Div. 589, 75 N. Y. Supp. 278. Poll clerks are necessary parties to a mandamus proceeding to compel election officials to reconvene and recount the ballots. Matter of Stiles, (1902) 69 App. Div. 589, 75 N. Y. Supp. 278. Upon a recount the first step to be taken is to ascertain whether the total number of ballots stated in the final column of the tally sheet represents every ballot which could have been canvassed, and if it appears that there was a greater number to be accounted for the election officials should proceed to recount all the ballots found in the ballot box in conformity with the provisions of the Election Law. Matter of Stiles, (1902) 69 App. Div. 589, 75 N. Y. Supp. 278. The ballot clerk's return is not conclusive as to the number of ballo's actually voted. Matter of Stiles, (1902) 69 App. Div. 589, 75 N. Y. Supp. 278. Recount only before declaration of result. - Any duty which the statute provides that a board of canvassers shall, in the future, perform may be enforced by mandamus, but as there is no provision in the Election Law making it the duty of the canvassers to make recount after ballots have been placed in the ballot box and after the ballot box is locked, sealed and delivered to the custodian named in the statute, mandamus will not lie to compel such recount. People ex rel. Brink v. Way, (1904) 179 N. Y. 174, rev'g 92 App. Div. 82, 86 N. Y. Supp. 892. The Election Law does not impose a duty nor does it confer authority upon election officers to reconvene on the day subsequent to the completion of the canvass made by them and recount the ballots cast at the election, and courts have no power, express or implied, to compel such recount by mandamus. Matter of Hearst v. Woelper, (1905) 183 N. Y. 274, rev'g 110 App. Div. 346, 96 N. Y. Supp. 341. |