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officials, who in spreading upon the assessment-rolls the taxes to be levied upon the taxable property in the city, or any of the said cities, and in the rest of the county, shall include in the amount so spread the amounts certified by the said board of elections to be borne by the said vity or cities, respectively, and in the amount spread upon the assessment-rolls of the taxable property in the several towns or other political subdivisions of the rest of the county the amount so certified by said board of elections to be borne by the said towns or political subdivisions respectively.

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

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

Consolidators' note. The provisions directing the city comptroller to turn over to the new board the appropriation of the year 1901, and for further financing the new board in that year are omitted, being obsolete.

§ 201. Disposition of registers and unused ballots.

The board of elections of the city of New York is hereby authorized and directed, not less than two years after each election, to sell or destroy all registers of voters in the possession of such board; provided, that the signature copy of such register of voters for each election district shall be excepted and preserved by such board from such sale or destruction. The board of elections is also authorized to sell to the highest bidder the unused ballots furnished for the last preceding election, but such unused ballots shall not be sold until at least six months after the election for which they were provided. All moneys realized by sales under this section shall be paid over to the proper fiscal officer of the city of New York to the credit of the account of the board of elections.

Derivation: Election Law, § 11, subd. 2, paragraph k, as added by L. 1901, ch. 95, § 5.

Amended by L. 1918, ch. 323, in effect Apr. 24, 1918.

202. Custodian of primary records.

The board of elections shall be the custodian of primary records for each political subdivision for which such board is appointed. The board of elections for New York city shall also be the custodian of primary records for the several counties in said city.

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

203. Official seal.

Each board of elections is hereby authorized to adopt an official seal which shall be provided at the expense of the city or county for which said board of elections is appointed, and shall cause a description of said seal with impressions from it to be filed in

the office of the county clerk of said county and of the secretary of state. Such description of the official seal of the board of elec tions of New York city shall be filed in the office of the county clerk of each county in said city.

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

204. Filing statement of canvass, tally sheets and poll-books.

All statements of canvass, tally sheets and poll-books, void and protested ballots, and any and all other packages and documents required by law to be filed by the inspectors, except certified copies of statements of canvass, ballot lists and tally sheets which are required by law to be filed with the county clerk shall be filed with the board of elections of said county or, in the city of New York, with the board of elections of said city. In the city of New York the said statements, documents and packages shall be filed in the branch office in each borough.

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

8 205. Notices.

All notices of elections to which this chapter applies which are required by law to be published, advertised or posted in any county or any political subdivision thereof or therein shall be published, advertised or posted by the custodian of primary records of said county or of the city of New York. In the counties of Queens and Richmond, the board of elections of the city of New York shall designate two newspapers, representing respectively each of the two principal political parties into which the electors of the county are divided, in which shall be published the election notices issued by the secretary of state, and the official canvass, and fix the compensation therefor, which shall be a county charge.

Added by L. 1911, ch. 649; amended by L. 1919, ch. 503, in effect May 9, 1919. Notice of local option election. It was the plain legislative intent, when the election law was amended creating boards of election in each county, to transfer to such boards the management and control of elections in their respective counties and all political subdivisions thereof, including the submission of all propositions which were to be voted on at general elections, and where notices of local option questions under § 13 of the liquor tax law were

published and posted by the board of elections for a local option election which was held in connection with the general election the publication is a valid one. Matter of Town of Bath (1916), 93 Misc. 575.

The provisions relating to the submission to the electors of a town of the question of local option cast upon the custodian of primary records the duty of giving the public notice of the impending submission. Hence, where he did not perform said duty, and the notices were published by the town clerk acting upon his own initiative, there was not a valid submission, and a resubmission of the question will be ordered. The provisions of the statute aforesaid are mandatory and may not be disregarded. Matter of Peters v. Sisson (1918), 183 App. Div. 286, 171 N. Y. Supp. 62.

There being no commissioner of elections in the county of Genesee, the duty of posting and publishing the notices preliminary to the submission of the four excise questions specified in § 13 of the liquor tax law rests upon the town clerk, and the petition of certain taxpayers of the town of Byron, in said county, for an order directing the resubmission of said questions which had been originally submitted on November 6, 1917, at the general election with which the town meeting was merged, on the ground that the posting and the publishing of notices were made or procured to be made by the town clerk and by him only, will be denied. Matter of Cook (1918), 104 Misc. 196, 171 N. Y. Supp. 756.

§ 206. Transfer and custody of records; devolution and continuance of powers.

All books, documents, papers, records and election appliances or appurtenances now or heretofore held or used by or under the control of any officer or officers of any county or of any political subdivision thereof or therein, relating to or used in the conduct of general, special or primary elections, shall be transferred to or continue in the care, custody and control of the board of elections; and the said board of elections in any such county shall continue to be charged with the duty of performing each, every and all of the duties of the county clerk or commissioner of elections of said county, relating to elections heretofore devolved upon such board by the former provisions of this section, except as otherwise provided in this chapter. In the city of New York the board of elections shall continue to exercise the same powers and duties now exercised by it, excepting as otherwise provided in this chapter. All books, documents, papers, records and election appliances held or used by any commissioner or commissioners of election, in any county whose powers and duties have been heretofore terminated shall continue in the custody of the board of elections for such county.

Added by L. 1911, ch. 649; and amended by L. 1916, ch. 537, in effect May 15, 1916.

§ 207. Office hours, rules and regulations of board of elections. The offices of each board of elections shall be public and open. during every business day of the year. The board of elections in each county shall designate the hours when said offices shall open and close. Each board of elections may adopt its own rules and regulations for the transactions of its business.

Added by L. 1911, ch. 649, in effect July 13, 1911.

§ 208. All records to be public; records of transactions of the board of elections.

All the records in the office of the board of elections shall be public and open for inspection by any citizen of the State of New York during the hours when the said office shall be open, and the said board of elections shall provide ample and sufficient facilities for keeping said records and making copies of the same.

Each board of elections shall keep a record of its proceedings, which shall be public and transcribed in a book or books within twenty-four hours after the adjournment of said board. Minutes of all meetings of the board of elections shall show how each commissioner of elections voted upon any resolution or motion proposed at said meeting of the board.

Added by L. 1911, ch. 649, in effect July 13, 1911.

§ 209. Board and members may issue subpoenas.

The board of elections and any of the commissions thereof may require any person to attend before the board or a commissioner at the office of the board or a branch office and be examined by the board or a commissioner as to any matter in relation to which the board is charged with a duty under this chapter or concerning violations of this chapter, and may issue a subpoena therefor.

Added by L. 1918, ch. 323, in effect Apr. 24, 1918.

§ 209-a. Article not applicable to Oneida, Broome and Westchester counties; powers and duties of county clerks in such counties defined.

After this section takes effect the foregoing provisions of this article shall not apply to the counties of Oneida, Broome and Westchester, excepting section one hundred and ninety-nine. For the purpose of applying such section, the county clerk in each of such counties shall be deemed a board of elections. In each of such

counties, except as otherwise provided in this section, the county clerk shall have therein the powers and duties of a board of elections, as well as those of a county clerk, prescribed by this chapter and other statute, and references to such board shall be deemed to mean and include, with respect to any such county, the county clerk thereof. All books, documents, papers, records and election appliances or appurtenances held or used by or under the control of the board of elections in the county of Oneida, county of Broome, or county of Westchester, pursuant to the provisions of this chapter, shall, when this section takes effect, be transferred to the care, custody and control of the respective county clerks of such counties. Each such county clerk may adopt rules and regulations, not inconsistent with the provisions of this chapter, for conducting the business of his office in relation to carrying out the provisions of this chapter. The official papers, records and documents in the office of such county clerk from time to time relating to general, special or primary elections, or in his custody under any provision of this chapter, shall be public and open to inspection by any citizen of the state during office hours. The county clerk of each such county shall be the custodian of primary records of his county. Notwithstanding the provisions of any other statute, either general or local, the board of supervisors of Broome county may from time to time provide by resolution for the appointment by the county clerk of such county of additional assistants, at the expense of the county, in the office of such clerk, and the board of suupervisors of Oneida county may in like manner provide for the appointment by the county clerk of Oneida county of two additional deputies representing each of the two political parties which at the last general election preceding such appointment cast the highest and the next highest number of votes for governor and of additional assistants, whenever such board of either county, respectively, shall determine that such deputies or assistants are necessary for the proper performance of the additional duties devolved upon such clerk by this section; but the aggregate compensation of such additional assistant appointed on account of such additional powers and duties in the county of Broome shall not exceed one thousand dollars annually, and of such deputies and assistants in the county of Oneida shall not exceed the amount specified in section one hundred and ninety for commissioners of elections and clerks in counties of the same population as Oneida, but the maximum amount expended to be limited by the board of supervisors.

In the case of Westchester county, the county clerk of said county may appoint one deputy in addition to those authorized under the county law to act generally for and in his place on all election matters under a department hereby created and designated the county election department of the office of the county clerk of Westchester county. He may also appoint one secretary for said department and such other emergency employees as shall be required. The said deputy, secretary and emergency employees shall hold office during the pleasure of said clerk and shall be paid such compensation as the board of supervisors of said county shall fix, the aggregate of which, exclusive of the compensation to be paid the emergency employees, shall not exceed three thousand four hundred dollars.

Added by L. 1916, ch. 454; amended by L. 1920, ch. 192; L. 1921, ch. 656, in effect June 1, 1921.

L. 1921, ch. 656, § 2. The board of elections in the county of Westchester is hereby abolished and the terms of office of the members of such board shall expire and the powers, duties, offices and employment of such members and of the subordinates of such board shall cease and determine when this act takes effect. This act shall not affect any pending matter pertaining to the powers and duties of the board of elections of such county under the election law, nor affect the running of time with respect to any matter or proceeding provided for in such law. Any such pending matter shall be continued and disposed of by the county cierk.

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