Derivation: L. 1898, ch. 674, pt. of § 15, as amended by L. 1899, ch. 58, § 1, and § 16. § 516. Canvass by state board. If any such new statements shall be made by a county board after the time fixed by law for the canvass of the regular statements of the county boards by the state board of canvassers, the state board of canvassers shall convene upon notice by the secretary of state and shall proceed to canvass such new statements of a county board, and their original canvass, if any, shall be corrected accordingly; and the state board of canvassers shall cause a determination of such result to be made in accordance with such new statements. And they shall not, until such meeting, determine the result of the election, anything now provided by law to the contrary notwithstanding. Derivation: L. 1898, ch. 674, § 17. § 517. Returns or statements not made and filed prior to certain dates in any year not to be canvassed. 4 No statement, as provided by this article, which shall not have been duly made and filed by a county board of canvassers prior to the twenty-ninth day of December next succeeding such election in any year, shall be canvassed or affect the result of such an election; and no return or statement not received by a county board of canvassers at their meeting herein provided for, shall be thereafter canvassed, or affect the result of such election. Derivation: L. 1898, ch. 674, § 18. § 518. [Am'd, 1909.] Provisions of penal law relating to crimes against the elective franchise to apply. All the provisions of the penal law relating to crimes against the elective franchise shall be deemed to apply to all elections held under the provisions of this article, and any person who shall violate any such provisions may be indicted at any time in any county of this state and may be fined or imprisoned or both so fined and imprisoned upon conviction thereof whenever found in this state. Amended by L. 1909, ch. 240. In effect April 22, 1909. § 519. Filling vacancies in the office of inspector of elections. It shall be lawful for a majority of the inspectors of election provided for by this article to execute all the trusts and duties required to be executed by the inspectors herein provided for. And if for any cause, after the inspectors of election hereinbefore provided for shall have been chosen, any of the said inspectors shall permanently absent himself from the place of holding such election, or shall for any cause be obliged permanently to leave the place of holding such election, the remaining inspectors, or on their default the voters present, may fill such vacancy, preserving, if possible, the bipartisanship of such board; and any person so appointed to fill such vacancy shall take the oath of office and shall thereupon continue with the other inspectors to per form the duties of such office at such election to the end thereof. Derivation: L. 1898, ch. 674, § 20. § 520. Elections may be contested. All elections held under this article shall be subject to contest and inquiry in the same manner as elections held within this state. The sealed packages of voted ballots shall be held inviolate in the office in which they are filed, subject to the order of a court of competent jurisdiction and may upon such order of such court be opened and canvassed. Derivation: L. 1898, ch. 674, § 21. § 521. General provisions concerning elections to apply. The several officers or persons authorized by the provisions of this article to conduct the elections held by virtue hereof shall have the like powers, and they, as well as other persons who may be candidates for office at such election, or who may attend such election, or may vote or offer to vote at such election, shall be subject to the like penalties and restrictions as are declared and provided by law in case of elections within this state, and all provisions of this chapter, as far as applicable and not inconsistent with the provisions of this article, shall apply to elections held under this article. Derivation: L. 1898, ch. 674, § 22. § 522. Copies of this article to be published and distributed. The secretary of state shall whenever necessary cause this article to be published in pamphlet form, properly indexed, and shall cause the same to be, as generally as may be, circulated among the voters of this state absent from their respective election districts in time of war in the actual military service of this state or of the United States, in the army or navy thereof. The secretary of state shall also provide in addition to the necessary official ballots, poll books and envelopes, such other blank forms, envelopes, instructions to voters, and other stationery for use at each poll of any election held under this article, as may be necessary for the proper conduct of such election, and shall transmit them to the proper place and to the proper persons in ample time for their safe delivery and use at such election. He may order or purchase any of the printing and supplies required by this article wherever he deems it desirable for the best interests of the state. He shall also provide for the return of such poll books, envelopes and ballots of such election to him at the expense of this state. Derivation: L. 1898, ch. 674, § 23. ARTICLE 16. CORRUPT PRACTICES. Section 540. Political committee defined. 541. Statement of campaign payments not made through political committee. 542. Personal expenses defined. 543. Treasurer of political committee. 544. Accounting to treasurer or candidate. 545. Vouchers. 546. Statement of campaign receipts and payments. 547. Campaign contributions to be under true name of contributor. 548. Filing and preserving statements. 549. Secretary of state to provide forms. 550. Contempt proceedings upon default in filing statement. 551. Who may maintain proceedings. 552. Undertaking for costs. 553. Time within which proceedings must be brought. 554. Proceedings to be summary. 555. Preference over other causes. 556. Appeals. 557. Subpœnas. 558. Personal privilege of witnesses. 559. Conduct of hearing 560. Judgment and penalty. 561. Application of article limited. § 540. Political committee defined. The term "political committee," under the provisions of this article, shall apply to every committee or combination of three or more persons co-operating to aid or to promote the success or defeat of a political party or principle, or of any proposition submitted to vote at a public election or to aid or take part in the election or defeat of a candidate for public office; or to aid or take part in the election or defeat of a candidate for nomination at a primary election or convention, including all proceedings prior to such primary elec tion, or of a candidate for any office whether public or not to be voted for at a primary election; or to aid or defeat the nomination by petition of a candidate under the primary election law; but nothing in this article contained shall apply to or in respect of any committee or organization for the discussion or advancement of political questions or principles without connection with any election. Derivation: Election Law, § 200, as added by L. 1906, ch. 502, § 1, amended by L. 1910, ch. 429, in effect June 8, 1910. A political committee exists wherever three or more persons co-operate to bring about the election or defeat of a candidate or a proposition at an election, and if they make any expenditure of money in so doing they must report their receipts and disbursements. Matter of Woodbury (1916), 174 App. Div. 569, 160 N. Y. Sup. 902. § 541. Statement of campaign payments not made through political committee. Any person, including a candidate, who to promote the success or defeat of a political party, or to aid or influence the election or defeat of a candidate or candidates for public office; or to aid or influence the election or defeat of a candidate for nomination at a primary election or convention, including all proceedings prior to such primary election, or of a candidate for any office whether public or not to be voted for at a primary election, or to aid, influence or prevent the nomination of a candidate by petition under the provisions of the primary election law, directly or indirectly, himself or through another person, shall give, pay, expend or contribute, or shall promise to give, pay, expend or contribute, any money or other valuable thing except to the chairman, treasurer or a member of a political committee, or to an agent duly authorized thereto in writing by such committee, or to a candidate or an agent of such candidate authorized by the candidate thereto in writing, or except for personal expenses as hereinafter provided, shall file a statement required by section five hundred and forty-six, and shall be subject to all the duties by this chapter required of a political committee or the treasurer thereof. Derivation: Election Law, § 201, as added by L. 1906, ch. 502, § 1, and amended by L. 1907, ch. 596, § 1; amended by L. 1910, ch. 429, in effect June 8, 1910. / Filing of statement of expenses by candidates. Report of Atty.-Gen., (1906) 285. 542. Personal expenses defined. A candidate for election to a public office, or to any office whether public or not to be voted for at a primary election; or for nomination at a primary election or convention; or for nomination by petition under the provisions of the election law, and any other person, may incur and pay, in connection with such election, his own personal expenses for traveling and for purposes properly incidental to traveling; for writing, printing and preparing for transmission any letter, circular or other publication not issued at regular intervals, whereby he may state his position or views upon public or other questions; for stationery and postage; for telegraph, telephone and other public messenger service; but all such expenses shall be limited to those which are directly incurred and paid by him. A candidate shall in any event file a statement of any contributions made by him. Derivation: Election Law, § 202, as added by L. 1906, ch. 502, § 1, and amended by L. 1907, ch. 596, § 2; amended by L. 1910, ch. 429, in effect June 8, 1910. 543. Treasurer of political committee. Every political committee shall have a treasurer, and shall cause him to keep detailed accounts of all money or its equivalent, received by or promised to, and of all expenditures, disbursements and promises of payment or disbursement made by the committee or any of its officers or members or by any person acting under its authority or in its behalf. No member thereof or other person acting under its authority or in its behalf shall receive any money or its equivalent, or expend or disburse the same until the committee shall have chosen a treasurer. There shall be filed in the office of the secretary of state within five days after the choice of a treasurer a statement signed by at least three members of such committee giving the name and address of the treasurer chosen. Derivation: Election Law, § 203, as added by L. 1906, ch. 502, § 1, and amended by L. 1907, ch. 596, § 3. Consolidators' note.-The word "distribution" is changed to "disbursement," as being an obvious clerical error. The change restores the original phraseology and effects an agreement with the rest of the section. 544. Accounting to treasurer or candidate. Whoever, acting as an officer or member or under the authority of a political committee, or under the authority of a candidate for public office; or for any office whether public or not to be voted for at a primary election; or for nomination at a primary election or convention; or for nomination by petition under the provisions of the election law, receives any money or its equivalent, or promise of the same, or expends or incurs any liability to pay the same, shall, within three days after demand, and in any event within fourteen days after such receipt, expenditure, promise or liability, give to the treasurer of such committee, or to such candidate if an agent authorized by him, a detailed account of the same, with all vouchers required by this article, which shall be a part of the accounts and files of such treasurer or such candidate. Derivation: Election Law, § 204, as added by L. 1906, ch. 502, § 1; amended by L. 1910, ch. 429, in effect June 8, 1910. $545. Vouchers. Every payment required to be accounted for shall, unless the total expense payable to any one person be not in excess of five dollars, be vouched for by a receipted bill stating the particulars of expense, and every voucher, receipt or account hereby required, |