party of a candidate for an office authorized to be filled at a gen-. eral election, or at a special election held to fill a vacancy in such office, or at a town meeting.

17. The term "independent nomination" means the selection of a candidate by an independent body for an office authorized to be filled at a general election, or at a special election held to fill a vacancy in such office, or at a town meeting.

18. The term "party candidate" or " party nominee" means a person who is selected by a party to be its candidate for an office authorized to be filled at a general election, or at a special election held to fill a vacancy in such office, or at a town meeting.

19. The term "independent candidate" or "independent nominee" means a person who is selected by an independent body to be its candidate for an office authorized to be filled at a general election, or at a special election held to fill a vacancy in such office, or at a town meeting.

20. The term "enrollment books," when applied to those used in a city of over one million inhabitants, means registers of electors in which party enrollments of voters are entered or provided for in additional columns.

Derivation: Election Law, § 50.

Formerly § 2, as amended by L. 1911, chs. 649 and 872; renumbered and amended by L. 1911, ch. 891; amended by L. 1913, ch. 820; L. 1915, ch. 678; L. 1916, ch. 537, in effect May 15, 1916.

A special election day is not a holiday. Rept. of Atty.-Gen. (1914), vol. 2, p. 217.

A town meeting is not a general election. Rept. of Atty.-Gen. (1914), vol. 2, p. 217.

Section

ARTICLE 2.*

ENROLLMENT OF VOTERS.

4. Delivery of enrollment books.

5. Enrollment books.

6. Voting booths and enrollment boxes.

7. Enrollment blanks and envelopes.

8. Delivery of enrollment blanks to voters who register personally.

9. Delivery of enrollment blanks to voters where registration is not personal.

10. Enrollment by voters.

11. Examination, sealing and custody of enrollment boxes.

12. Certification and secrecy of enrollment where registration is personal. 13. Certification and secrecy of enrollment where registration is not personal.

14. Opening of enrollment box and completion of enrollment.

14-a. Correction of enrollment lists.

14-b. Special enrollment upon becoming of age.

14-c. Special enrollment for certain voters failing to enroll on election or registration days in the year nineteen hundred and sixteen.

15. Enrollment for a new political party.

16. Duplicate enrollment books.

17. Use of duplicate enrollment books at unofficial primaries.

18. Use of original enrollment books at official primaries.

19. Right to enroll and vote at primaries.

20. New enrollment books for changed districts.

21. Enrollment books to be public records; transcripts of enrollment.

22. Publication of enrollment.

23. Judicial review of enrollment.

24. Correction of enrollment with respect to persons not in sympathy with party.

§ 4. Delivery of enrollment books where registers do not include enrollments.

In any political subdivision in which the registers of electors. do not provide for entries of party enrollments, the custodian of primary records shall cause to be prepared on or before the fifteenth day of September in each year, original enrollment books to the number of two for each election district. Such enrollment books shall be so arranged that the names of all voters of the election district may be inscribed therein alphabetically. Said books shall be delivered by the custodian of primary records to the election inspectors of the respective election districts immediately before the first day of registration in each year and also in districts wholly outside of a city or village having five thousand inhabitants or more, to the town clerk at least twenty-four hours before the first day of registration, who shall deliver such enrollment books to the inspectors of election of the respective election districts in his town one-half hour before the opening of the polls.

Derivation: Formerly § 22. Renumbered and amended by L. 1911, ch. 891, § 5; and amended by L. 1915, ch. 678, in effect May 22, 1915. Originally revised from Primary Election Law, § 3, pt. of subd. 1, as amended by L. 1900, ch. 225, § 1; L. 1903, ch. 111, § 1; L. 1905, ch. 674, § 1; L. 1908, ch. 456, § 1.

*The schedule of sections was amended by L. 1911, ch. 891, § 4, in effect November 15, 1911. Section 14-a added by L. 1912, ch. 52, in effect March 19, 1912.

§ 5. Enrollment books where registers do not include enroll

In a political subdivision referred to in the preceding section, the enrollment books shall be so arranged and printed that there shall be twelve columns on each page: the first for the enrollment numbers of the voters; the second for the surnames of the voters; the third for the christian names of the voters; the fourth. for their residence addresses; the fifth for the word " yes"; the sixth for the name of the party, if any, with which the voter shall enroll; the seventh for the word "voted" in case the voter votes at the spring primary; the eighth for a record as to challenges in case he is challenged thereat; the ninth and tenth columns for similar entries in case he votes at the fall primary; and the eleventh and twelfth columns for similar entries in case there be a third official primary election or an unofficial primary election. References, in this chapter, to a particular column, by number, of the enrollment books shall mean, when applied to a city having more than one million inhabitants, the appropriate column of the registers of electors.

Derivation: Formerly § 23. Renumbered and amended by L. 1911, ch. 891,. § 6; and amended by L. 1915, ch. 678, in effect May 22, 1915. Originally re vised from Primary Election Law, § 3, pt. of subd. 1, as amended by L. 1900, ch. 225, § 1; L. 1903, ch. 111, § 1; L. 1905, ch. 874, § 1; L. 1908, ch. 456, § 1. § 6. Voting booths and enrollment boxes.

The board or officers authorized to furnish voting booths in each election district for use at the general election shall cause at least two voting booths of the same kind and description as voting booths used at general elections, to be erected in each place of registration before the first day of registration in each year, and such booths shall be and remain in said places of registration during the registration at the regular meetings for registration during that year; and it shall be the duty of such board or officer to furnish in each voting booth so erected the same articles as are required by law to be placed therein for a general election, which articles shall remain therein during such registration. Such board or officer shall also provide in like manner one enrollment box in each place of registration of sufficient capacity to hold all the enrollment blanks which are to be furnished for such place of registration, which shall be similar to the ballot boxes prescribed by law to be used at a general election. Such board or officer shall also in like manner provide at each polling place on general election day, in each election district wholly outside of a city or village having five thousand inhabitants or more, or partly within and partly outside of any such village, two such voting booths, for the enrollment of voters, the needed articles therefor, and an enrollment box, as above provided. Derivation: Formerly § 25. Renumbered and amended by L. 1911, ch. 891, § 7; and amended by L. 1916, ch. 537; L. 1917, ch. 703, in effect June 1, 1917.

1

Originally revised from Primary Election Law, § 3, pt. of subd. 1, as amended by L. 1900, ch. 225, § 1; L. 1903, ch. 111, § 1; L. 1905, ch. 674, § 1; L. 1908, ch. 56, § 1.

§ 7. Enrollment blanks.

There shall also be prepared by the custodian of primary records at public expense, to be borne in the same manner as the expense of furnishing official ballots, and delivered by such custodian with the enrollment books, such number of enrollment blanks for each election district as will exceed by at least twenty-five and not more than fifty the total number of voters registered in such district. The enrollment blanks shall be printed on white paper, and on the face thereof shall be printed the following, or the substance thereof, the blanks to be filled in in type so far as possible: 'Primary enrollment for the year

City (or village

assembly district (or ward or town);

election district; enrollment number

Name of voter

"I,

who have placed a

mark underneath the party emblem hereunder of my choice, do solemnly declare that I am a qualified voter of the election district in which I have registered or voted, and that my residence address is (the residence address as it appears in the register, if the enrollment be made on a day of registration, and as it appears in the poll book if the enrollment be made on the day of general election, is to be inserted in such space); That I am in general sympathy with the principles of the party which I have designated by my mark hereunder; that it is my intention to support generally at the next general election, state or national; the nominees of such party for state or national offices, and that I have not enrolled with or participated in any primary election or convention of any other party since the first day of last January.

"Make a cross X mark, with a pencil having black lead, in the circle under the emblem of the party with which you wish to enroll, for the purpose of participating in its primary elections during the next year."

The circles underneath the emblems shall be three-quarters of an inch in diameter, and in them nothing shall be printed. The party emblems shall be the same as those which were on the ballots for each party respectively at the last preceding general election, and such emblems shall be so arranged on each blank that the emblem of the majority party at the last preceding general election of a governor shall be first, and the other emblems shall follow in order in accordance with the vote cast for such office at such election; over each emblem shall be printed, in type clearly legible, the name of the party represented by such emblem. The enrollment blanks shall have thereon the names of those parties only to which this article is applicable. .

Derivation: Formerly § 26. Renumbered and amended by L. 1911, ch. 891; amended by L. 1913, ch. 820; L. 1916, ch. 537; L. 1917, ch. 703, in effect June 1, 1917. Originally revised from Primary Election Law, § 3, pt. of subd. 1, as amended by L. 1900, ch. 225, § 1; L. 1903, ch. 111, § 1; L. 1905, ch. 674, § 1; L. 1908, ch. 456, § 1.

Consolidators' note.-"Cross (X) mark" is here printed cross X mark," for the reason that the old method of printing similar instructions relating to the voting marks on the ballot sometimes leads voters, when marking their ballots, to add the parentheses to the X, or the horizontal lines at the ends of the arms of the X, or both, with the consequence that their ballots become liable to rejection as having invalidating marks in the one case, and to protest as marked for identification in the other. While such an effect would not follow here in the enrollment, the law obviously intended to prescribe the same voting mark for enrolling and voting - certainly lack of uniformity would be likely to mislead the voter when he comes to mark his ballot - and accordingly the instruction here is given in the same form as later concerning the ballot.

Who entitled to enroll. One who enrolls with the Democratic party one year may enroll with the Republican party the next year. Matter of Duffy (1908), 125 App. Div. 406, 109 N. Y. Supp. 979, aff'd 192 N. Y. 582.

The provision of section 26 of the Election Law for marking an enrollment blank with a pencil having black lead is directory merely and although a voter used a fountain pen, he may compel the Board of Elections to place