which he must specify, or of disease, the nature of which he must also specify, he has, since the day upon which he registered, lost the use of both hands, or become totally blind, or afflicted by such degree of blindness as will prevent him, with the aid of glasses, from seeing the names printed upon the official ballot, or so crippled that he cannot enter the voting booth and prepare his ballot without assistance; or any voter in an election district who is not required by law to personally register, who is unable to write by reason of illiteracy, or is physically disabled in one or more ways described in section one hundred and sixty-four of this chapter, and who shall make the statement under oath to the inspectors in the form required in said section, may choose two of the election officers, both of whom shall not be of the same political faith, to enter the booth with him to assist him in preparing his ballots. At any town meeting or village election where the election officers are all of the same political faith, any voter entitled to assistance as herein provided may select one of such election officers and one voter of such town or village of opposite political faith from such election officer so selected, to render such assistance. No voter shall otherwise ask or receive the assistance of any person within the polling place in the preparation of his ballot, or divulge to any one within the polling place the name of any candidate for whom he intends to vote or has voted. (Part of Election Law, § 357.) Preparation of Ballots by Voters. On receiving his ballot the voter shall forthwith and without leaving the inclosed space retire alone, unless he be one that is entitled to assistance in the preparation of his ballot, to one of the voting booths, and without undue delay unfold and mark his ballot as hereafter prescribed. No voter shall be allowed to occupy a booth already occupied by another, or to occupy a booth more than five minutes in case all the booths are in use and voters waiting to occupy the same. It shall be unlawful to deface or tear an official ballot in any manner; or to erase any printed line, letter or word therefrom; or to erase any name or mark written thereon by a voter. If a voter wrongly mark, deface, or tear a ballot or one of a set of ballots, he may successively obtain others, one set at a time, not exceeding in all three sets, upon returning to the ballot clerks each set of ballots already received. The voter shall mark his ballot with a pencil having black lead as follows and not otherwise: 1. To vote for an entire group of presidential electors of any party by means of a single mark, he shall make a cross X mark in the circle above the party column. 2. To vote for any candidate on any ballot, except for an entire group of presidential electors by means of a single mark, he shall make a cross X mark in the voting square at the left of the candidate's name. 3. If a voter makes a cross X mark in the circle above a party column and also makes a cross X mark in one or more voting squares at the left of the names of one or more presidential electors or writes in a name or names, he shall be deemed to have voted for the electors whose names are thus specially indicated and also for all the electors on the ticket so marked in the circle, except those whose names are opposite to the names so specially indicated. 4. To vote for any candidate not on the ballot, he shall write the candidate's name on a line left blank in the appropriate place. 5. To vote on any constitutional amendment or question submitted, he shall make a cross X mark in the appropriate voting square at the left of the question as printed on the ballot. A cross mark shall consist of any straight line crossing any other straight line, at any angle, within a circle or voting square. Any mark other than a cross X mark or any erasure of any kind shall make the whole ballot void; but no ballot shall be declared void because a cross X mark thereon is irregu lar in character. Any ballot which is defaced or torn by the voter shall be void. If a voter shall do any act extrinsic to the ballot itself, such as in - closing any paper or other article in the folded ballot, such ballot shall be void. If the elector marks more names than there are persons to be elected to an office, or if for any other reason it is impossible to determine the elector's choice of a candidate for an office to be filled, his vote shall not be counted for such office but shall be returned as a blank vote for such office. Where, in the case of a candidate for governor, the candidate is nominated by two or more political organizations, and the voter makes a cross X mark in two or more voting spaces or squares, his vote for such candidate shall be counted, but he shall not be recorded in the tally sheet or returns as voting with any particular party or independent body. (Election Law, § 358.) Manner of Voting.· When the ballot or ballots which a voter has received shall be prepared as provided in the preceding section, he shall leave the voting booth with his ballot folded so as to conceal the face of the ballot, but show the indorsement and fac simile of the signature of the official on the back thereof, and, keeping the same so folded, shall proceed at once to the inspector in charge of the ballot box, and shall offer the same to such inspector. Such inspector shall announce the name of the voter and the printed number on the stub of the official ballot so delivered to him in a loud and distinct tone of voice. If such voter be entitled then and there to vote, and be not challenged, or if challenged and the challenge be decided in his favor, and if his ballot or ballots are properly folded, and have no mark or tear visible on the outside thereof, except the printed number on the stub and the printed indorsement on the back, and if such printed number is the same as that entered on the poll books as the number on the stub or stubs of the official ballot or set of ballots last delivered to him by the ballot clerks, such inspector shall receive such ballot or ballots, and after removing the stub or stubs therefrom in plain view of the voter, and without removing any other part of the ballot, or in any way exposing any part of the face thereof below the stub, shall deposit each ballot in the proper ballot box for the reception of voted ballots and the stubs in the box for detached ballot stubs. Upon voting, the voter shall forthwith pass outside the guard-rail unless he be one of the persons authorized to remain within the guard-rail for other purposes than voting. No official ballot folded shall be unfolded outside the voting booth. No person to whom any official ballot shall be delivered shall leave the space within the guard-rail until after he shall have delivered back all such ballots received by him either to the inspectors or to the ballot clerks and a violation of this provision is a misdemeanor. When a person shall have received an official ballot from the ballot clerks or inspectors, as hereinbefore provided, he shall be deemed to have commenced the act of voting, and if, after receiving such official ballot, he shall leave the space inclosed by the guard-rail before the deposit of his ballot in the ballot box, as hereinbefore provided, he shall not be entitled to pass again within the guard-rail for the purpose of voting, or to receive any further ballots. (Part of Election Law, § 359.) Penal Law Provisions Relating to Crimes against the Elective Franchise. · (Here in smaller type follow with a copy of each of the sections of the Penal Law relating to crimes against the elective franchise which are given in Part 5, ante.) FORM No. 69. (Election Law, § 335.) For form of ballot clerk's return, see Election Law, § 335. Forform of return and Election Law, § 337. FORM No. 70. (Election Law, § 337.) tally of votes cast for presidential electors, sea FORM No. 71. (Election Law, § 338.) For form of return and tally of votes for officers other than presidential electors, see Election Law, § 338. FORM No. 72. For form of return and tally of votes on questions gubmitted, see Election Law, § 339. For form of ballots in towns in which town meetings are held at the time of general elcctions, see Election Law, § 341. FORM No. 74. (Election Law, § 343.) Election Inspectors' Receipt for Official Ballots, Etc., Received from Town or City Clerk. Received of.... ....(City or Town Clerk): One sealed package marked on the outside thereof as containing... official ballots and indorsed with the designation of this election district. One sealed package marked on the outside thereof as containing...... sample ballots and indorsed with the designation of this election district. One sealed package with a label on the outside thereof specifying that such package contains........ instruction cards, two poll books,. . . . . . distance markers, two tally sheets, and three complete election return blanks for the use of inspectors and ballot clerks, heavy manilla envelopes for statements and returns, sealing wax, pencils having black lead only, pens, penholders, blotting paper and ink (or as the case may be). Dated.. ....day of. N. Y., this 19... this} (Inspectors of election for the...... election district of the......of......) FORM No. 75. (Election Law, § 345.) For form of unofficial ballots, see Election Law, § 345. FORM No. 76. (Election Law, § 350.) Proclamation of Opening the Polls. Hear ye! hear ye! hear ye! The polls of this election are open, and all persons attending the same are strictly charged and commanded, by the authority and in the name of the people of the State, to keep the peace thereof during their attendance at this election on pain of imprisonment. And all persons are desired to take notice that the polls will be closed at five o'clock in the afternoon. FORM No. 77. (Election Law, § 352.) Certificate of Appointment of Watchers. At a meeting of the..........committee of the..... ..party (or independent body), a political party (or independent body) which has duly filed certificates of nomination of candidates for offices to be filled at the ......election to be held on the....day of........, 19.., the following named persons.... . . . . . . . . .and... were, by virtue of the powers given to the said political organization (or independent body) by section 352 of the election law, appointed watchers to attend the polling places in the........ election district of the town (or ward) of................ in the county of. Witness, the signature of the chairman (or secretary) of the.... committee of said political party (or independent body) this......day of 19... (Chairman or Secretary.) FORM No. 78. (Election Law, § 355.) For form of poll book for keeping the list of voters voting or offering to vote at elections, see Election Law, § 355. FORM No. 79. (Election Law, § 357.) For oath of illiterate or disabled voters, see Election Law, §§ 164, 357. FORM No. 80. (Election Law, § 357.) Oath to be Taken by Election Officers Before Opening of Polls on Election Day. I do solemnly swear (or affirm) that I will not in any manner request or seek to persuade, or induce any voter to vote any particular ticket or for any particular candidate and that I will not keep or make any memorandum or entry of anything occurring within the booth and that I will not, directly or indirectly, reveal to any person the name of any candidate voted for by any voter or which ticket he has voted or anything occurring within the voting booth, except I be called upon to testify in a judicial proceeding for a violation of the election law. For form of preliminary oath on challenge in relation to right to vote at elections, see Election Law, § 362. FORM No 82. (Election Law, § 362.) Questions to be Put to Challenged Voters by Inspectors After Administering Preliminary Oath. 1. What is your name? 2. What was your last place of residence before you came into this election district? 3. Where do you now reside? State as precisely as you are able the particular locality of your place of residence. 4. Are you a citizen of the United States? 5. Are you a native or naturalized citizen? 6. (If a naturalized citizen) When were you naturalized? 7. Where and in what court or before what officer were you naturalized? 8. Did you come into this election district for the purpose of voting at this election? 9. How long do you contemplate residing in this election district? 10. What is your age? 11. How long have you resided in this election district? 12. How long have you resided in this county? 13. How long have you resided in this state? 14. How long have you resided in the United States? 15. Have you made any bet or wager or are you directly or indirectly interested in any bet or wager depending on the result of this election? 16. Have you received or offered to receive or do you expect to receive any money or other valuable thing as a compensation or reward for giving your vote at this election? 17. Have you paid, offered or promised to pay, contributed, offered or promised to contribute, to another, to be paid or used, any money or other valuable thing, or made any promise, to influence the giving or withholding of any vote at this election |