counters are set at 000; and the number registered on the proteotive counter, if one is provided, and on the seal. After the preparation of the machines, an officer or officers or somebody duly authorized, other than the person who has prepared them for the election, shall inspect each machine, and report in writing if all of the registering counters are set at zero (000), and the machine is arranged in all respects in good order for the election and locked. with the number registered on the protective counter, if one is provided; and with the number on the seal. When a voting machine has been properly prepared for election, it shall be locked against voting, and sealed; and the keys thereof shall be delivered to the board or official having charge and control of elections, together with a written report made by the custodian of the machine on blanks furnished to him, stating that it is in every way properly prepared for the election. All voting machines shall be transferred to the polling places in charge of an authorized official, who shall certify to their delivery in good order. After the machine has been delivered and set up ready for use in the election at the polling place, it shall be the duty of the local authorities to provide ample protection against molestation or injury to the machine. Every voting machine shall be furnished with a lantern, or a proper substitute for one, which shall give sufficient light to enable electors while in the booth to read the ballot labels, and suitable for use by the election officers in examining the counters. The lantern shall be prepared in good order for use before the opening of the polls. All voting machines used in any election shall be provided with a screen, hood, or curtain which shall be so made and adjusted as to completely conceal the elector and his actions while voting. DERIVATION: Election Law, § 169-a, as added by L. 1908, ch. 491, § 2. APPOINTING of voting machine custodians. Rept. of Atty. -Gen., (1908) 541. 401. Instruction of election officers. Not later than the first day of October in each year, the custodian, or custodians, of the machine shall instruct each board of inspectors that is to serve in an election district in the use of the machine, and in the duties of inspectors of election in connection therewith; and he shall give to each inspector of election that has received such instruction and is fully qualified to properly conduct the election with the machine, a certificate to that effect. For the purpose of giving such instruction, the custodian shall call such meeting, or meetings, of the inspectors of election as shall be necessary; but such meetings shall not be called earlier than seven o'clock in the afternoon. Such custodian shall without delay file a report with the board or official in charge of elections, stating that he has instructed the election officers, giving the names of such officers, and the time and place where such instruction was given. The inspectors of election of each election district in which a voting machine is to be used, shall attend such meeting, or meetings, as shall be called, for the purpose of receiving such instructions, concerning their duties as shall be necessary for the proper conduct of the election with the machine. Each inspector of election that shall qualify for and serve in the election, shall be paid one dollar for the time spent in receiving such instruction, in the same manner and at the same time as he is paid for his services on election day. No inspector of election shall serve in any election at which a voting machine is used, unless he shall have received such instruction and is fully qualified to perform his duties in connection with the machine, and has received a certificate to that effect from the custodian of the machines; provided, however, that this shall not prevent the appointment of an inspector of election to fill a vacancy in an emergency. DERIVATION: Election Law, § 169-b, as added by L. 1908. ch. 491, 2 § 402. Instruction of voters before election. In all places where voting machines are to be used one or more of such machines which shall contain the ballot labels, showing the party emblems and title of offices to be voted for, and which shall so far as practicable contain the names of the candidates to be voted for, shall be placed on public exhibition in some suitable place, in charge of a competent instructor, for three days during the thirty days next preceding the election; but no voting machine which is to be assigned for use in an election shall be used for such public instruction within five days before the election. During public exhibition of any voting ma chine for the instruction of voters previous to an election, the counting mechanism thereof shall be concealed from view and the doors may be temporarily opened only when authorized by the board or official having charge and control of the elections. Printed instructions how to vote circulated to voters must conform to the instructions approved by the officials providing ballots, and adapted to the machine used. Derivation: Election Law, § 169-c, as added by L. 1908, ch. 491, § 2. Use of voting machine for instruction within hall or room where official machine is being used should not be permitted. Report of Atty.-Gen. (1911), vol. 2, p. 211. § 403. Independent nominations. (Repealed by L. 1913, ch. 821, in effect Dec. 17, 1943.) § 404. Distribution of ballots and stationery. The ballots and stationery shall be delivered to the board of inspectors of cach election district before ten o'clock in the forenoon of the day next preceding the election. Derivation: Election Law, § 170, as added by L. 1899, ch. 466, § 1. § 405. Tally sheets. In each election district where voting machines are used, tally sheets shall be printed to conform with the type of voting machine used, of a form approved by the secretary of state. The designating number and letter on the counter for each candidate shall be printed next to the candidate's name on the tally sheets. Derivation: Election Law, § 171, as added by L. 1899, ch. 466, § 1, and amended by L. 1908, ch. 491, § 3. § 406. Unofficial ballots. If the official ballots for an election district at which a voting machine is to be used, required to be furnished by or to any town, or city clerk, or board, shall not be delivered at the time required, or if after delivery shall be lost, destroyed or stolen, the clerk of such town or city, or such board, or the election inspectors of such district, shall cause other ballots to be prepared, printed or written, as nearly in the form of the official ballots as practicable, and the inspectors shall cause the ballots so substituted to be used at the election in the same manner, as near as may be, as the official ballots. Such ballots so substituted shall be known as unofficial ballots. Derivation: Election Law, § 172, as added by L. 1899, ch. 466, § 1. 407. Opening the polls. The inspectors of election and poll clerks of each district shall meet at the polling place therein, at least three-quarters of an hour before the time set for the opening of the polls at each election, and shall proceed to arrange within the guard-rail the furniture, stationery and voting machine for the conduct of the election. The inspectors of election shall then and there have the voting machine, ballots and stationery required to be delivered to them for such election; and if it be an election at which registered voters only can vote, the registry of such voters required to be made and kept therefor. The inspectors shall thereupon cause at least two instruction cards, and if printed in different languages, at least two of each language, to be posted conspicuously within the polling place. If not previously done, they shall insert in their proper place on the voting machine, the ballots containing the names of offices to be filled at such election, and the names of candidates nominated therefor. The keys to the voting machine shall be delivered to the election officers three-quarters of an hour before the time set for opening the polls, in a sealed envelope, on which shall be written or printed the number and location of the voting machine; the number on the seal; and, if provided with a protective counter, the number registered on such counter, as reported by the custodian. The envelope containing the keys shall not be opened until at least one inspector from each of two political parties shall be present at the polling place and shall have examined the envelope to see that it has not been opened. Before opening the envelope all election officers present shall examine the number on the seal on the machine, also the number registered on the protective counter, if one is provided, and shall see if they are the same as the numbers written on the envelope containing the keys. If found not to agree, the envelope must not be opened until the custodian, or other authorized person, shall have been notified and shall have presented himself at the polling place for the purpose of re-examining such machine and shall certify that it is properly arranged. If the numbers on the seal and protective counter, if one is provided, are found to agree with the numbers on the envelope the inspectors shall proceed to open the doors concealing the counters. Before the polls are open for election, each inspector shall carefully examine every counter and see that it registers zero, and the same shall be subject to the inspection of the official watchers. The machine shall remain locked against voting until the polls are formally opened and shall not be operated except by voters in voting. If any counter for a candidate is found not to register zero (000), the inspectors of election shall immediately notify the custodian, who shall adjust the counter at zero. Derivation: Election Law, pt. of § 173, as added by L. 1899, ch. 466, § 1, and amended by L. 1901, ch. 530, § 5, and L. 1908, ch. 491, § 4. § 408. Independent ballots. Ballots voted for any person whose name does not appear on the machine as a nominated candidate for office, are herein referred to as irergular ballots. Where two or more persons are to be elected to the same office, and each candidate's name is placed upon or adjacent to a separate key or device, and the machine requires that all irregular ballots voted for that office be deposited, written or affixed in or upon a single receptacle or device, a voter may vote in or by such receptacle or device for one or more persons whose names do not appear upon the machine with or without the names of one or more persons whose More P names do so appear. In voting for presidential electors, a voter may vote an irregular ticket made up of the names of persons in nomination by different parties, or partially of names of persons so in nomination and partially of names of persons not in nomination, or wholly of not in nomination by any party. Such irregular mes of persons ballot be deposited, written or affixed in or upon the receptacle or device provided on the machine for that purpose. With these exceptions, no irregular ballot shall be voted for any person for any office whose name appears on the machine as a nominated candidate for that office; any irregular ballot so voted shall not be counted. An irregular ballot must be cast in its appropriate place on the machine, or it shall be void and not counted. Derivation: Election Law, pt. of § 173, as added by L. 1899, ch. 466, § 1, and amended by L. 1901, ch. 530, § 5, and L. 1908, ch. 491, § 4. § 409. Location of machines; guard-rail. The exterior of the voting machine and every part of the polling place shall be in plain view of the election officers and watchers. The voting machine shall be placed at least four feet from the poll clerk's table. A guard-rail shall be constructed at least three feet from the machine, with openings to admit voters to and from the machine. The voting machine shall be so located in the polling place that, unless its construction requires otherwise, the ballot labels on the face of the machine can be plainly seen by the election officers and the party watchers when not in use by voters. The election officers shall not themselves be, or permit any other person to be, in any position or near any position, that will permit one to see or ascertain how a voter votes, or how he has voted. The election officer attending the machine shall inspect the face of the machine after each voter has cast his vote, to see that the ballot labels are in their proper places and that the machine has not been injured. During elections the door or other covering of the counter compartment of the machine shall not be unlocked or opened or the counters exposed except for good and sufficient reasons, a statement of which shall be made and signed by the election officers and shall be sent with the returns. Derivation: Election Law, § 174, as added by L. 1899, ch. 466, § 1, and amended by L. 1908, ch. 491, § 5. § 410. Manner of voting. After the opening of the polls, the inspectors shall not allow any voter to pass within the guard-rail until they have ascertained that he is duly entitled to vote. Only one voter at a time shall be permitted to pass within the guard-rail to vote. The operating of the voting machine by the voter while voting shall be secret and obscured from all other persons except as provided by this chapter in cases of voting by assisted voters. No voter shall remain within the voting machine booth longer than three minutes and if he shall refuse to leave it after the lapse of three minutes, he shall be removed by the inspectors, Derivation: Election Law, § 175, as added by L. 1899, ch. 466, § 1. § 411. Instructing voters. In case any voter after entering the voting machine booth, and before the closing of such booth, shall ask for further instructions concerning the manner of voting, two inspectors of opposite political parties shall give such instructions to him; but no inspector or other election officer or person assisting a voter shall in any manner request, suggest or seek to persuade or induce any such voter to vote any particular ticket, or for any particular candidate, or for or against any particular amendment, question or proposition. After giving such instructions, the inspector shall retire and such voter shall then close the booth and vote as in the case of an unassisted voter. Derivation: Election Law, § 176, as added by L. 1899, ch. 466, § 1. § 412. Illiterate or disabled voters. The provisions of sections one hundred and sixty-four and three hundred and fifty-seven of this chapter, shall apply also when ballot machines are used, and the word "booth" when used in such sections, shall be interpreted to include the ballot machine inclosure or curtain. Derivation: Election Law, § 177, as added by L. 1899, ch. 466, § 1. §413. Canvass of vote and proclamation of result. There shall be printed directions in the statement of canvass to the election officers for their guidance before the polls are opened and when the polls are closed; a certificate of which shall |