§ 192. Organization of board; rules and reports.

At their first meeting the commissioners of elections shall organize as a board by electing one of their number as president and one as secretary, and in case no election can be had the members shall draw lots for such places. The president and secretary shall not belong to the same party. The board shall have power to adopt such rules and regulations for the control and conduct of the affairs of such board and of its employees as are not inconsistent with or in violation of law. The board shall keep a record of its proceedings and, shall make an annual report in the month of January of the affairs and proceedings of said board to the secretary of state. The board of elections of a county outside of the city of New York shall also make an annual report in the month of January, of its affairs and proceedings, to the board of supervisors. The board shall append to the report to the secretary of state a statement of the number of voters enrolled with each party for that year in each election district. The board shall also collect such data as may be available relating to the expense connected with registrations, enrollments and elections within its county or city each year and include a statement thereof in such report to the secretary of state, together with such other information relating to elections as the secretary of state may prescribe.

Derivation: Election Law, § 11, subd. 2, pt. of ¶ b, as added by L. 1991, ch. 95, § 5.

Amended by L. 1911, ch. 649; L. 1917, ch. 703, in effect June 1, 1917.

§ 193. Salaries of commissioners of elections.

The salary of each commissioner of elections in the city of New York shall be six thousand dollars a year, payable in equal monthly instalments. The salaries of all other commissioners of elections shall be fixed by the board of supervisors appointing said commissioners and may be changed from time to time by resolution of the said board of supervisors, but shall not exceed the amount specified in section one hundred and ninety.

Derivation: Election Law, § 11, subd. 2, pt. of ¶ c, as added by L. 1901, ch. 95, § 5.

Amended by L. 1911, ch. 649; L. 1912, ch. 406, § 2; L. 1913, ch. 800; L. 1917, ch. 703, in effect June 1, 1917.

Consolidators' note.- Election Law, § 11, subd. 2, ¶ c. Heading new. The old paragraph required the mayor to appoint commissioners within ten days after the act took effect, to hold office until noon of January 1, 1903, and to again appoint "upon the expiration of the term of office of the commissioners first appointed and every two years thereafter." The new section defines the term of office generally by referring to "each odd numbered year," also omitting the matter relating to the qualifications of the first board, which was merely a duplication of the general provision retained.

Designation of newspapers.- Aldermen of the city of New York and not the board of elections are empowered to designate newspapers to publish notices. Standard Publishing Co. v. City of New York (1906), 111 App. Div. 260, 97 N. Y. Supp. 740.

8 194. Recommendations for appointment of commissioners of elections.

Within ten days after this act takes effect and at least five days before the first day of January in each odd numbered year, the respective chairmen of the county committees within the counties of New York and Kings and the respective chairmen of the county committees of all the other counties in the state excepting the counties of Bronx, Queens and Richmond of each of the two political parties which at the general election last preceding the date of such certificate cast the highest and the next highest number of votes for governor, shall each respectively make and file or cause to be filed in the case of the counties of New York and Kings with the board of aldermen of the city of New York, and in the case of each of the other counties with the board of supervisors of such county a certificate in substantially the following form, each of which certificates shall certify the name of a person who is a resident and qualified voter in the case of the counties of New York and Kings of the city of New York, or in the case of the other counties a resident of such county, and who is recommended as a fit and proper person to be appointed a commissioner of elections: chairman of the county committee of party, for the county of ....

"I. the do hereby, in accordance with the provisions of section one hundred and ninety-four of the election law, certify that in the opinion of a majority of the said committee, pursuant to resolution duly adopted, a resident and qualified elector of the borough of city of New York, or of the county of ... is a fit and proper person to be appointed a commissioner of elections, and I do hereby recommend him for appointment to said office. In witness whereof, I have made and executed this certificate, this .... .. day of ...

...

19.."

Each of such certificates shall be duly acknowledged by the person executing the same, before a notary public or other officer authorized to take acknowledgments to deeds for record in this state.

Derivation:

Election Law, § 11, subd. 2, pt. of ¶ d, as added by L. 1901,

ch. 95, § 5. Amended by L. 1911, ch. 649, and L. 1913, ch. 820, in effect Dec. 17, 1913. Consolidators' note. As in section 193, the obsolete provisions governing the making of nominations to the mayor for the original board are omitted, and the general provision retained is defined by reference to "each odd numbered year." The form of certificate making the nomination is also made a part of the general provision and its place in the section changed accordingly.

Application of section. - People ex rel. Woods v. Flynn (1913), 81 Misc. 279. Effect of nominations. The mayor of the city of New York in appointing a commissioner of elections cannot be confined to a single person, nominated under the provisions of this section. Matter of Kane (1911), 71 Misc.

163.

A provision of the legislature for nominations to the office of commissioner of elections, which contemplates the nomination of a single candidate only and thus destroys the power of selection of the appointing power, is in contravention of section 2 of article X of the State Constitution, which requires offices to be filled either by the electors or by some public officer or board. Matter of Kane (1911), 71 Misc. 163.

When the only exercise by the legislature of the power to direct the nomination for such appointment is a provision by which a single candidate only is nominated and the mayor's power of selection is, therefore, destroyed, the mayor may appoint such commissioner without regard to such nomination. Matter of Kane (1911), 71 Misc. 163.

The purpose of section 194 is to make provision for pointing out to the mayor persons who are eligible so that there may be no pretext for violating the bi-partisan plan of the statute. Matter of Kane v. Gaynor (1911), 144 App. Div. 196, aff'd 202 N. Y. 615, on opinion of Burr, J., below.

The power given to the mayor by section 193 to "appoint four persons as commissioners," each of whom shall be a resident and qualified voter of New York city and not more than two of whom shall be of the same political opinion, is not curtailed in any way by this section providing that the respective chairmen of the county committees of New York and Kings counties of each of the two principal political parties shall make and file with the mayor a certificate in a stated form certifying the name of one who is recommended as a fit and proper person to be appointed commissioner. Matter of Kane v. Gaynor (1911), 144 App. Div. 196, aff'd 202 N. Y. 615, on opinion of Burr, J., below.

Secretary of county committee not a party in a mandamus proceeding.— Where a Democratic county committee has duly certified from time to time various persons to be appointed to the office of election commissioner, and each of said persons has in regular order been rejected by said board, the secretary of said committee is not a party legally interested in the appointment of any one of said persons as election commissioner, so as to entitle him to apply for a writ of mandamus to compel said board to appoint one of the persons selected. People ex rel. Mullarkey v. Board of Supervisors (1917), 180 App. Div. 125, 167 N. Y. Supp. 323.

§ 195. Filling vacancies in board.

If at any time a vacancy arises in the office of commissioner of elections, through death, resignation, removal or inability to serve, the chairman of the county committee of the political party to which the commissioner creating such vacancy belonged, and if such vacancy arise in the office of commissioner of elections for New York city and if the commissioner creating such vacancy was a resident of the borough of Manhattan or of the borough of the Bronx borough of said city, the chairman of the county committee of Kings county of the political party to which the commissioner creating such vacancy belonged, and if the commissioner creating such vacancy was a resident of any other borough of said city, the chairman of the county committee of Kings county of the political party to which the commissioner creating such vacancy belonged, shall make and file or cause to be filed with the board of supervisors of the county in which such vacancy arises or if such vacancy arise in the board of elections of New York city, then with the board of aldermen, a certificate in substantially the form and executed and acknowledged as above provided, certifying and recommending the name of a person who is a resident and qualified voter of such county or city wherein such vacancy arises, as a fit and proper person to be appointed a commissioner of elections for the unexpired term of the commissioner creating such vacancy.

Derivation: Election Law, § 11, subd. 2, pt. of par. d, as added by L. 1901, ch. 95, § 5.

Amended by L. 1911, ch. 649. In effect July 13, 1911.

§ 196. Bi-partisan character of board.

Each and every certificate filed with the board of supervisors or the board of aldermen in pursuance of the provisions of this article, shall be

kept by the board with which the same is filed in some safe and secure place in the office of the clerk of said board, and shall be a public record open at all reasonable hours to the inspection of any person who may desire to see the same, it being the intention of this article, and said intention is hereby declared, to secure in the appointment of the members of the board of elections established by this article, and the employees thereof, equal representation of the two political parties which at the general election next preceding such appointment cast the highest and the next highest number of votes for governor, and of which the committees and chairmen of committees have been duly elected as such under and in pursuance of the provisions of article three of this chapter relating to primary elections.

Derivation: Election Law, § 11, subd. 2, par. e, as added by L. 1901, ch. 95, § 5. Amended by L. 1911, ch. 649, and L. 1913, ch. 820, in effect Dec. 17, 1913.

§ 197. Appointment of employees.

Every board of elections shall have power to fix the number, salaries, duties and rank of its chief clerks, clerks, assistant clerks and stenographers and to appoint and remove at pleasure and to fix the salaries of all employees of said board, but not in excess of the amounts specified in section one hundred and ninety; except that in a county having a population of less than ninety thousand the board may have one clerk only and his salary shall not exceed nine hundred dollars per annum, nor shall the aggregate expenditure for such clerk hire and for stenographer exceed the amount specified in section one hundred and ninety.

Derivation: Election Law, § 11, subd. 2, pt. of ¶ h, as added by L. 1901, ch. 95, § 5.

Amended by L. 1911, ch. 649; L. 1912, ch. 406; L. 1913, chs. 800 and 820, in effect Dec. 17, 1913.

Salary of clerk.-The board of supervisors, under § 12, subd. 5, of the County Law, as amended by L. 1914, ch. 358, has power to fix the salary of the clerk notwithstanding the provisions of this section. People ex rel. Simpson v. Snyder (1916), 173 App. Div. 171, 158 N. Y. Supp. 937.

§ 198. General office and branches.

The board of elections in the city of New York shall have power to provide and maintain an office for such board in the borough of Manhattan which shall be the headquarters of said board, and to furnish the same with necessary furniture and office fixtures, and shall also provide, maintain and furnish an office in each other borough of the city of New York and shall place the same in the charge of a competent person. Said board of elections shall have full and complete control of the said branch offices of the board of elections and of all the offices, employees, affairs and administration of said branch offices.

In each county the board of supervisors or other body or official charged with the duty of providing public offices shall provide the said board of elections for said county with proper and suitable offices. The expenses for said offices shall be a part of the expenses of said board of elections.

Derivation: Election Law, § 11, subd. 2, pt. of ¶ i, as added by L. 1901, ch. 95, § 5.

Amended by L. 1911, ch. 649. In effect July 13, 1911.

Consolidators' note.-The provisions covering the temporary location of offices of the new board, and the turning over of the records of the old police bureau abolished by the act, are omitted, as obsolete. The remainder of the paragraph has been made section 199.

$199. Duty of police to aid board of elections,

It shall be the duty of the commissioner of police and the officer and members of the police force, whenever called upon by the board of elections, to render to said board all practicable assistance in the enforcement of this chapter, including the use of the police telephone service. The commissioner of police shall detail to the service of the board of elections upon its written request such patrolmen and other members of the police force as may be necessary from time to time for the faithful performance by said board of its functions and duties. All copies of police reports to commanding officers of precincts under section one hundred and fifty-seven of this chapter, shall be forthwith transmitted by the precinct commander to the board of elections. All statements of canvass delivered to any officer in command of a precinct under section three hundred and seventy-two of this chapter shall be forthwith transmitted by such precinct commander to the board of elections to be by them preserved with the same force and effect as if preserved by the police.

Derivation: Election Law, § 11, subd. 2, pt. of ¶ i, as added by L. 1901, ch. 95, § 5.

8200. Expenses of board of elections.

All sums necessary to pay the expenses of the board of elections of the city of New York, including the salaries of the commissioners of elections, chief clerks, clerks, assistant clerks and other employees, and to meet and defray the charges and expenses of all elections lawfully held in the city of New York or in any territory included therein, shall be a charge against the said city, and shall upon proper certificates and vouchers be paid in the same manner as other expenses and charges against the said city are by law provided to be paid. Said charges and expenses, as estimated, shall be included in the annual budget of said city each year and in the yearly taxes levied upon the estates, real and personal, in the city of New York.

The board of elections in each county, excepting those counties comprising the city of New York, shall on or before the fifteenth day of December in each year certify to the clerk of the board of supervisors creating said board of elections the total amount of the expenses of said board of elections, including salaries, for the preceding year, and, if the board of supervisors of any county shall so direct, shall certify to said clerk the portions of said expenses which under provisions of law are to be borne by any city or cities in said county and the portion thereof which is to be borne by the rest of said county, and the said clerk of the board of supervisors shall thereupon notify the proper local official or