office for a term of five years; his successor to be appointed in like manner. Such term of office, except as otherwise provided in this section, shall begin on the first day of May in every fifth year, beginning with the year nineteen hundred and twenty-two. The term of the commissioner first appointed hereunder shall begin on the day the appointment is made and expire on May first, nineteen hundred and twenty-two. In case of a vacancy in the office of commissioner of elections, such county judge, county clerk and district attorney, or a majority of them, shall appoint a resident voter of Niagara county to fill such vacancy and shall file a certificate of such appointment in the office of the clerk of Niagara county. The person so appointed shall take the constitutional oath of office and serve the remainder of the term. The commissioner of elections appointed pursuant to this article shall be subject to removal by the governor in like manner as sheriffs of counties. Upon the appointment and qualification, pursuant to this section, of the first commissioner for such county, the board of elections therein shall be deemed abolished; and the terms of office of its members shall then expire. The provisions of article seven of this chapter shall not thereafter apply to the county of Niagara except section one hundred and ninety-nine; and the commissioner provided for herein shall be deemed a board of elections for the purpose of applying such section. Added by L. 1917, ch. 202, in effect Apr. 17, 1917. § 227. Appointment and removal of inspectors of election and clerks. Inspectors of election and general clerks in and for the various election districts in the county of Niagara shall be appointed as follows: The chairmen of the county committees of the two political parties which at the last preceding general election of a governor cast the highest number of votes for governor shall each file with the commissioner of elections, on or before the first day of April of each year, a list of persons who are duly qualified to serve as inspectors of election and such clerks. If the person so named is found by the commissioner to be qualified and is, in the judgment of the commissioner, a fit and proper person for such office, the commissioner or some person designated by him shall administer the constitutional oath of office and issue to him a certificate of appointment and he shall serve until his successor is appointed; but if such person is found disqualified or is, in the judgment of the commissioner, not a fit and proper person for such office his name shall be stricken from the list. plemental list of persons for election officers may also be filed con A sup taining not more than ten names for each office. Additional supplemental lists for any election district may be filed at any time before the appointments for such district are made, or when a vacancy shall exist for any cause, and all appointments shall be made from the original list if those named therein are found disqualified as herein provided; if not so qualified, then from a supplemental list so filed. If no list is filed by a party, and if within three days after notice in writing by the commissioner to the chairman of the county committee of such party no list is filed, the commissioner of elections may appoint qualified persons, members of the party in default, to act as election officers, and the enrollment of such persons shall be sufficient evidence of the party affiliation of such person. If a qualified person cannot be obtained for any election office from the list or lists filed by a party, and if within three days after notice in writing by the commissioner of elections to the chairman of the county committee of such party an additional list is not filed containing the name or names of one or more qualified persons, the commissioner of elections may fill such office by the appointment of a qualified person, a member of the party in default. The commissioner of elections may from time to time, as he may deem necessary, hold a school for the instruction of inspectors of election and general clerks. Such school shall not be held at any hour earlier than seven o'clock in the evening, and notice shall be given by the commissioner to each inspector of election and clerk stating the time and place such school will be held. The notice shall be by mail and either written or printed. If any inspector of election or clerk shall fail to attend such school after receiving notice thereof, the commissioner may remove him from office and fill the vacancy in the manner provided for in this article. Each election officer shall be paid one dollar for the time spent in attending a school of instruction, and the election officers of the towns of Niagara county, if such school be held at any place outside the town in which they respectively reside, shall be paid in addition the car fare going and returning from the school. The money due an election officer for attending a school of instruction shall be paid at the same time and in the same manner as the pay for his other services. The commissioner of elections shall have the power on any day of election, registration or primary election to remove from office forthwith any inspector of election or general clerk for intoxication or failure to perform his duty in a satisfactory manner and to make a temporary appointment to fill the vacancy caused by such removal. Added by L. 1917, ch. 202; amended by L. 1919, ch. 504, in effect May 9, 1919. § 228. Office for commissioner. It shall be the duty of the board of supervisors of Niagara county to provide an office for such commissioner of elections suitable for the preservation of the records of said office and for the doing of the work devolved upon such commissioner under and by reason of this article and the necessary furniture thereof. The expense of providing and furnishing such office shall be a county charge and be audited and paid as other county expenses are paid. Added by L. 1917, ch. 202, in effect Apr. 17, 1917. § 229. Custody of records. All books, documents, papers, records and election appliances or appurtenances held or used by or under the control of any officer or officers of Niagara county or of any political subdivision thereof or therein and relating to or used in the conduct of general or special elections or official primaries, including voting machines used and owned by any political subdivision of Niagara county, shall, upon request of the commissioner of elections, be transferred to the care, custody and control of such commissioner. Added by L. 1917, ch. 202, in effect Apr. 17, 1917. § 230. Employees. The commissioner of elections is hereby authorized and empowered to appoint a deputy commissioner of elections, who shall perform such duties as the commissioner of elections shall prescribe and also a secretary to the commissioner, who shall each hold office at the pleasure of the said commissioner, and such additional employees as the board of supervisors of Niagara county shall, by resolution, from time to time authorize; and such additional employees shall receive such salaries and compensation as the said board of supervisors shall, by resolution, fix and determine. Each of such employees shall perform such duties as the commissioner of elections shall prescribe and shall each hold office at the pleasure of said commissioner. The salary of the commissioner of elections of Niagara county shall be two thousand dollars per annum, the salary of the deputy commissioner of elections shall be fixed by the commissioner at not to exceed one thousand six hundred and eighty dollars per annum, and the salary of the secretary to the commissioner shall be fixed by the commissioner at not to exceed one thousand one hundred dollars per annum. Such salaries and compensation shall be paid in the same manner as the salaries of the county officers are paid. Added by L. 1917, ch. 202; amended by L. 1920, ch. 879, in effect May 21, 1920. § 231. Notices. All notices which are now or which hereafter may be required by law to be given by the secretary of state or any other officer to any officer of Niagara county or of any political subdivision thereof or therein relating to the holding of any election or official primary, and stating the officers to be elected or nominated or party positions to be filled thereat, or the questions to be voted upon by the people from and after the appointment and qualification of the first commissioner hereunder, shall be communicated by the secretary of state or other officer to the commissioner of elections of Niagara county. Added by L. 1917, ch. 202, in effect Apr. 17, 1917. § 232. Filing papers; general powers and duties of commissioner. All certificates of nomination for office to be voted for by the electors of Niagara county or any political subdivision thereof or therein at any election to which this article applies, all declinations of nominations for office, all certificates of nomination to fill vacancies caused by such declinations or by death, all designations, all declinations of designations, all certificates of designations to fill vacancies caused by such declinations, all statements of candidates' expenses, expenses of election or nomination, and all rules and regulations of political parties otherwise required by law to be filed with any officer of Niagara county or any political subdivision thereof or therein, shall be filed in the office of the commissioner of elections hereby established, and such commissioner shall be the custodian of primary records for Niagara county and secretary of the county board of canvassers. The office of the commis sioner shall be public and open on every business day of the year, during such reasonable hours as the commissioner shall designate. The commissioner may adopt rules and regulations for the conduct of his office not inconsistent with this chapter. The official papers, records and documents of his office shall be public and open to inspection by any citizen of the state during office hours. Except as otherwise provided in this article, such commissioner shall have the powers and duties of a board of elections prescribed by this chapter or other statute and references to such board shall be deemed to mean and include such commissioner. Added by L. 1917, ch. 202, in effect Apr. 17, 1917. § 233. Purchase of supplies, including voting machines; expenses of commissioner. When the common council of any city, the town board of any town or the board of trustees of any village in the county of Ni agara shall have adopted voting machines, the commissioner of elections shall direct the purchase of the number of machines authorized by such local authorities, and may thereafter, when authorized by such local authorities, direct the purchase of new or additional machines for such city, town or village. The commissioner may direct the purchase of any kind of voting machines approved by the state board of voting machine commissioners or the use of which has been specifically adopted by law. All supplies or election appliances to be used or furnished by the commissioner of elections for election purposes shall be purchased by such commissioner. The commissioner is hereby authorized to cause all necessary repairs and alterations to be made and employ such help as may be necessary in making such repairs and in moving, setting up and caring for all election materials and appliances. All expenses for supplies, advertising, posting and circulation of election notices and printing lists of registered voters and other expenses arising from the conduct of elections in Niagara county or in any political subdivision thereof or therein, incurred by or under the direction of the commissioner of elections, except the compensation of inspectors of election and general clerks, shall hereafter be a charge against the county or political subdivision thereof or therein, as specified in this chapter, and shall be certified by the commissioner of elections and audited and paid as are other claims against such county; provided, however, that any city, town or village may, upon request of the local authorities, assume the payment of the cost of purchasing voting machines and shall have the power to issue bonds, certificates of indebtedness or other obligations which shall be a charge on the city, town or village, payable at such time or times as such authorities may determine, issued with or without interest and not issued or sold at less than par. Added by L. 1917, ch. 202; amended by L. 1919, ch. 504, in effect May 9, 1919. § 234. Apportionment of expenses. Such commissioner of elections shall, on or before the first day of October in each year, certify to the clerk of the board of supervisors of Niagara county the total amount of the expenses of his office, including salaries for the preceding year, and shall certify to such clerk the portion of such expenses which under the provisions of law is to be borne by the county at large and the portions thereof which are to be borne by each political subdivision thereof or therein, and the clerk of such board in spreading taxes levied upon taxable property of such county or any political subdivision thereof or therein shall include in the amount spread upon the |