450. Representatives in congress.

Representatives in the house of representatives of the congress of the United States shall be chosen in the several congressional districts at the general election held therein in every even numbered year. If any such representative shall resign, he shall forthwith transmit a notice of his resignation to the secretary of state, and if a vacancy shall occur in any such office, the clerk of the county in which such representative shall have resided at the time of his election, shall, without delay, transmit a notice thereof to the secretary of state.

Derivation: Election Law, § 190, as renumbered by L. 1899, ch. 466, § 2. Cross-References.- Apportionment of representatives between the states and qualifications of representatives. U. S. Const., art. 1, § 2; id., 14th Amendment, §§ 2, 3 (part 2, post). Times, places and manner of election of representatives. U. S. Const., art. 1, § 4 (part 2, post). Vacancies in office. U. S. Const., art. 1, § 2 (part 2, post). Special election to fill vacancies. Election Law, § 292. Congressional districts. See Political Divisions of State, Counties and Towns (part 4, post). General certificate of election. Election Law, § 443. Resignations to be in writing and addressed to secretary of state. Public Officers Law, § 31 (part 6, post). As to apportionment and election of representatives, see also part 3, post.

§ 451. Electors of president and vice-president.

At the general election in November preceding the time fixed by the law of the United States for the choice of president and vicepresident of the United States, there shall be elected by general ticket as many electors of president and vice-president as this state shall be entitled to, and each voter in this state shall have a right to vote for the whole number, and the several persons, to the number required to be chosen, having the highest number of votes shall be declared and be duly appointed electors.

Derivation: Election Law, § 191, as renumbered by L. 1899, ch. 466, § 2. Cross-References.- Appointment, number and qualifications, etc., of electors. U. S. Const., art. 2, § 1 (part 2, post). See also as to presidential electors, part 3, post.

8 452. Meeting and organization of electoral college.

The electors of president and vice-president shall convene at the capitol on the second Monday in January next following their election, and those of them who shall be assembled at twelve o'clock, noon, of that day, shall immediately at that hour fill, by ballot and by plurality of votes, all vacancies in the electoral college occasioned by the death, refusal to serve, or neglect to attend at that hour, of any elector, or occasioned by an equal number of votes having been given for two or more candidates. The electoral college being thus completed, they shall then choose a president, and one or more secretaries from their own body.

Derivation: Election Law, § 192, as renumbered by L. 1899, ch. 466, § 2. Cross-References.-Date of meeting. See U. S. Statutes (part 3, post). Vacancies in electoral college. See U. S. Statutes (part 3, post).

§ 453. Secretary of state to furnish lists of electors.

The secretary of state shall prepare three lists, setting forth the names of such electors, and the canvass under the laws of this state of the votes given for each person for whose election any and all votes were given, together with the certificate of determination thereon, by the state canvassers; procure to the same the signature of the governor; affix thereto the seal of the state; and deliver the same thus signed and sealed to the president of the college of electors on the second Monday in January.

Derivation: Election Law, § 193, as renumbered by L. 1899, ch. 466, § 2. Cross-References.- Similar provisions in U. S. Statutes (part 3, post).

§ 454. Vote of the electors.

Immediately after the organization of the electoral college, the electors shall then and there vote by ballot for president and vice-president, one of whom at least shall not be an inhabitant of this state. They shall name in their ballots the person voted for as president, and in distinct ballots, the person voted for as vice-president. They shall make distinct lists of all persons voted for as president, and of all persons voted for as vice-president, and of the number of votes for each, which lists they shall sign and certify, and after annexing thereto one of the lists received from the secretary of state, they shall seal up the same, certifying thereon, that lists of the votes of this state for president and vice-president are contained therein.

Derivation: Election Law, § 194, as renumbered by L. 1899, ch. 466, § 2. Cross-References.-Manner of voting prescribed by United States Constitution. See U. S. Const., 12th Amendment (part 2, post). As to certifi cates to be made and signed, sealed and indorsed and disposed of in certain manner, see U. S. Statutes (part 3, post).

§ 455. Appointment of messenger.

The electors shall then, by a writing under their hands, or under the hands of a majority of them, appoint a person to take charge of the lists so sealed up, and deliver the same to the president of the senate at the seat of govern ment of the United States before the third Monday in the said month of January. In case there shall be no president of the senate at the seat of government on the arrival of the person intrusted with the lists of the votes of the electors, then such person shall deliver the lists of votes in his custody into the office of the secretary of state of the United States.

Derivation: Election Law, § 195, as renumbered by L. 1899, ch. 466, § 2. Cross-References. As to mileage of messenger and forfeiture for messenger's neglect of duty, see U. S. Statutes (part 3, post).

§ 456. Other lists to be furnished.

The electors shall also forward forthwith, by the post-office in the city of Albany, to the president of the senate of the United States at the seat of government, and deliver forthwith to the judge of the United States court for the northern district of the state of New York, similar lists signed, annexed, sealed up and certified in the manner aforesaid.

Derivation: Election Law, § 196, as renumbered by L. 1899, ch. 466, § 2.

§ 457. Compensation of electors.

Every elector of the state for the election of a president and vice-president of the United States, who shall attend at any election of those officers and give his vote at the time and place appointed by law, shall be entitled to receive for his attendance at such election, the sum of fifteen dollars per day, together with ten cents per mile each way from his place of residence by the most usual traveled route, to the place of meeting of such electors, to be audited by the comptroller upon the certificate of the secretary of state, and paid by the treasurer.

Derivation: Election Law, § 197, as renumbered by L. 1899, ch. 466, § 2.

1 ARTICLE 14.

STATE SUPERINTENDENT OF ELECTIONS.

[Title amended by L. 1915, ch. 678, in effect May 22, 1915.]

Section 470. Metropolitan elections district.

471. State superintendent of elections, chief deputy and assistanta. 472. Powers of superintendent, clerk and deputies.

473. Deputies; appointment, qualification, examination, vacancies and terms.

474. Additional deputies.

475. Control and powers of deputies; refusal to furnish information.

476. Aid by private persons and public officers.

477. Subpoenas by state superintendent.

478. Administration of oaths by superintendent and deputies.

479. Attendance and duties at polling places.

480. Reports by lodging-house and hotel keepers.

481. Affidavits by hotel keepers holding liquor license

482. Filing such reports and affidavits.

483. Reports by police and certain departments.

484. List to be furnished if required by the superintendent of elections. 485. Card lists of registered voters.

486. Removal of deputies.

487. Salaries and expenses.

488. Report to governor.

§ 470. Metropolitan elections district.

Note.-Repealed by L. 1911, ch. 649. In effect July 13, 1911.

§ 471. State superintendent of elections, chief deputy and assist

ants.

There shall be an officer to be known as "state superintendent of elections." The governor shall appoint such superintendent of elections by and with the advice and consent of the senate, who shall hold office for the full term of four years. Such term shall begin on the first day of January in every fourth year beginning with the year nineteen hundred and fifteen and shall expire on

the thirty-first day of December. Vacancies shall be filled for the remainder of the unexpired term. Such superintendent may be removed from office in the same manner as a sheriff. He may appoint one chief deputy without nomination, a secretary and necessary clerks, stenographers and other employees, and remove them at pleasure.

Derivation: L. 1905, ch. 689, § 1, amending L. 1898, ch. 676, § 2.

Amended by L. 1909, ch. 240; L. 1911, ch. 649; L. 1915, ch. 678, in effect May 22, 1915.

Consolidators' Note.-The section has been recast, the expressions appropriate to the original enactment as such being omitted and new expressions of a more general nature substituted.

Constitutionality of appointment by governor.-The office of the state superintendent of elections is new in name and essentially new in functions, and the Legislature, therefore, was authorized to provide for the appointment of its incumbent by the governor instead of by some local authority, and the law in that particular is a valid exercise of legislative power. Matter of Morgan v. Furey, 186 N. Y. 202, aff'g 114 App. Div. 127, 99 N. Y. 783; People v. Ellenbogen (1906), 114 App. Div. 182, 99 N. Y. Supp. 897, aff'd 186 N. Y. 603.

§ 472. Powers of superintendent, clerks and deputies.

Such state superintendent of elections and the deputies appointed by him, shall possess and exercise all the powers vested in a sheriff, as a conservator of the peace, either by statute or common law. The chief deputy shall be placed in charge of the branch office in the city of New York. Any clerks, appointed by the state superintendent of elections pursuant to the provisions of this article, shall have power, when directed by the state superintendent of elections, to administer oaths and affirmations required by law or by any order, rule or regulation of the state superinden tent of elections, for or in connection with the appointment and qualification of deputy superintendents of elections appointed pursuant to the provisions of this article.

Derivation: L. 1905, ch. 689, § 1, amending L. 1898, ch. 676, § 3.

Amended by L. 1911, ch. 649; L. 1915, ch. 678, in effect May 22, 1915.

The authority of the superintendent at the time of a special election of state officers is the same as at a general election. Opinion of Atty.-Gen., rendered February 23, 1907.

§ 473. Deputies; appointment, qualification, examination, vacancies and terms.

Note.-Repealed by L. 1915, ch. 678, in effect May 22, 1915.

§ 474. Additional duputies.

The superintendent, whenever he deems it necessary, may appoint, in addition to the chief deputy without nomination and at pleasure remove, not more than two hundred and thirty-three other deputies, to be employed by him in enforcing the provisions of this article.

Derivation: L. 1905, ch. 689, § 1, amending L. 1898, ch. 676, § 5.

Amended by L. 1911, ch. 649; L. 1915, ch. 678, in effect May 22, 1915.

§ 475. Control and powers of deputies; refusal to furnish information.

All deputies appointed under this article shall be subject to the direction and control of the state superintendent, and he may, subject to the next provision, assign them to any election district. He must, however, assign to duty in the city of New York seventy of the deputies receiving annual salaries and eighty-seven deputies receiving per diem compensation. The state superintendent shall make such rules for the control and conduct of his deputies as he may deem advisable, not in conflict with law.

Such deputies, when directed by the state superintendent, shall, on their own motion, or on complaint of any citizen of the state,

may:

1. Investigate all questions relating to registration of voters, and for that purpose shall have power to visit and inspect any house, dwelling, building, inn, lodging-house or hotel and interrogate any inmate, house-dweller, keeper, care-taker, owner, proprietor or landlord thereof or therein, as to any person or persons residing or claiming to reside therein or thereat.

2. Arrest any person without warrant who in his presence violates or attempts to violate any of the provisions of this chapter or the penal law relating to crimes against the elective franchise. 3. Execute warrants of arrest and take into custody the person or persons named in such process.