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the closing of the polls, public proclamation shall again be made by the inspectors that the polls will be closed at a time certain then proclaimed, which shall be the hour announced in the proclamation made at the opening of the polls. The polls shall not for any reason be kept open after the hour fixed by the first proclamation.

Derivation: L. 1898, ch. 674, § 9.

Amended by L. 1917, ch. 815; L. 1918, ch. 298, in effect Apr. 20, 1918.

§ 509. Organization of the polls.

At the hour and place herein provided for the opening of the polls, the qualified voters of this state then present shall, by viva voce vote, select four of their own number to act at such election as the inspectors of election thereof. Such inspectors shall, so far as possible, be so selected that they shall equally represent the two political parties of this state which at the last preceding election in this state polled the highest and next highest number of votes respectively. Such inspectors, when so elected, shall choose one of their number as chairman of the board of inspectors by election or by drawing lots. Such chairman shall then administer the oath of office to the other inspectors and one of the other inspectors shall then administer the same to the chairman. The oath to be administered shall be as follows:

"I do solemnly swear (or affirm) that I will support the constitution of the United States and the constitution of the state of New York, and that I will faithfully discharge the duties of the office of inspector of election according to the best of my ability."

Such oath or affirmation shall be written or printed, or partly written and partly printed, and attached to or entered upon the poll books used at such election, and subscribed by the person taking the same, and certified by the person administering the

same.

Immediately upon the organization of such board of inspectors the commanding officers to whom shall have been delivered any official war ballots, poll books and envelopes shall deliver the same to the inspectors of election of such election and shall take a receipt therefor, which receipt shall be forwarded by mail by such commanding officer to the secretary of state. The said inspectors shall produce and have at the polls, before any votes are taken by them, a box for the reception of the ballots to be voted at such election.

Before proceeding to take any votes they shall open said box and publicly exhibit the inside thereof, and the same shall be entirely empty. They shall then close and securely fasten the same and the said box shall not be opened again until the close of the polls at such election. Each such box shall have an opening in the top thereof for the reception of voted ballots.

The chairman of the board of inspectors shall have charge of the ballot box during the election and shall receive from the qualified voters their envelopes containing ballots and shall deposit them in the ballot box. He shall designate two other inspectors, of opposite political faith, if possible, to keep the poll books of such election. The remaining inspector shall have charge of the official ballots and envelopes and shall deliver the same to the qualified voters entitled to vote at such election.

Derivation: L. 1898, ch. 674, § 10.

§ 510. Conduct of elections.

The election shall be by ballot. Before any person shall receive an official ballot or be permitted to vote, he shall make and subscribe the oath printed upon the official envelope, as provided by this article, and any member of said board of inspectors is hereby authorized to administer and attest such oath. If any voter shall refuse to take the oath so tendered he shall not be allowed to vote; but if he shall take the oath tendered to him his vote shall be accepted. Upon taking the oath required, the voter shall give to the inspectors keeping the poll books, who shall each enter upon the poll book kept by him, his name and residence by street and number, if any, county and city or town. He shall also give such other information as is required to be entered in such poll book. When such voter gives such information to such inspectors, the inspector having charge of the ballots and envelopes shall write in the proper blank spaces upon such official envelope the name and residence by street and number, if any, of such voter, and the county, and the city or town in which he claims to reside, and shall deliver such ballot or ballots and such envelope, to such voter. Such voter shall then retire to some convenient place and shall prepare his ballots and envelope for voting.

To vote for all the candidates of a party for all offices for which he is entitled to vote in the election district in which he resides,

the voter may make a cross X mark in the circle beneath the emblem of such party. In lieu thereof, he may express his choice of certain persons for certain offices by voting as follows: To so vote for a candidate for an office to be voted for by all the electors of the state, if the name of such candidate be printed upon the ballot, the voter shall make a cross X mark in the voting square to the left of the candidate's name; to so vote for any person, for any such office, whose name is not printed upon the ballot, the voter may write the name of such person in the blank space provided therefor in the proper section after the printed name; to so vote for a person for an office to be voted for by less than all the electors of the state, the voter may write in the blank spaces provided therefor beneath the titles of the proper offices the names of the persons for whom he desires and is entitled to vote. The voter may make a cross X mark in the circle beneath the emblem of a party and also vote, by writing the name or marking a mark in a voting square if any, for a certain person for whom he desires and is entitled to vote, for a particular office, who is not the nominee of such party; and in that case, he shall be deemed to have voted for all of the candidates of such party, for whom he is entitled to vote, except the candidate for an office for which he has expressed his choice by such writing or mark in a voting square, and shall be deemed to have voted for such person for such office; provided, however, that where two or more persons are to be elected to the same office, if the voter writes in the names of one or more persons as his choice therefor or indicates such choice by a mark in a voting square, his vote, as to that office, shall be counted only for the persons whose names are so written or indicated. If the voter shall have marked within a party circle and also indicated by writing or by a mark in a voting square the name of a person as his choice for a particular office and such person be also the candidate of such party for that office, such writing, or mark in a voting square, shall be deemed surplusage and the vote counted for such person. The ballot, if any, for electors of president and vice-president of the United States shall be marked in the same manner as similar ballots used by other electors.

After preparing his ballot and before delivering the same to the chairman of the board of inspectors, the voter shall fold his

ballot in such a way that the contents of the ballot shall be concealed and inclose the same in such envelope which he shall securely seal. He shall then deliver such envelope to the chairman of the board of inspectors; but before such envelope shall be deposited in the ballot box the chairman shall declare from such envelope the name. of such voter and his residence by street and number, if any, county and city or town, and if such voter is entitled to vote and such envelope is securely sealed and his name and the other matter hereby required is recorded upon the poll books, the inspector keeping such poll books shall announce the same as correct and shall record such voter as voting. The chairman shall thereupon deposit such envelope containing such ballot or ballots in the ballot box. Any voter so having voted, shall not again be entitled to vote at such election, though present on election day in the election district where he resides.

If, for any cause, the official ballots, poll books and envelopes shall not be provided as required by law at any polling place, upon the opening of the polls for any election thereat, or if the supply of official ballots or envelopes shall be exhausted before the polls are closed, unofficial ballots, poll books and envelopes printed or written, made as nearly as practicable in the form of the official ballot, poll books and envelopes may be used.

Derivation: L. 1898, ch. 674, § 11.

Amended by L. 1917, ch. 815; L. 1918, ch. 298, in effect Apr. 20, 1918. Ballot in unofficial envelope and without oath, may be counted. People ex rel. Brush v. Schum (1917), 102 Misc. 143, 168 N. Y. Supp. 391.

Intent of voters.-All formalities provided by Election Law need not be applied. People ex rel. Brush v. Schum (1917), 102 Misc. 143, 168 N. Y. Supp. 391.

Residence and age of voter. People ex rel. Brush v. Schum (1917), 102 Misc. 143, 168 N. Y. Supp. 391.

§ 511. Count of the votes.

As soon as the polls of an election are closed, the inspectors of election thereat shall publicly destroy all official envelopes and ballots not voted; and shall then publicly open such ballot boxes and count and ascertain the number of voters voting and not adjourn or postpone the count until it shall be fully completed. The board of inspectors shall commence the count by comparing the two poll books used at such election, correcting any mistakes therein, and by counting the envelopes containing ballots found in

the ballot boxes without opening them, and by comparing the envelopes containing ballots found in such box with the number shown by the poll books to have been deposited therein. The inspectors shall number each voter whose name is recorded in such poll books as having voted beginning with the first name entered therein and numbering the same in consecutive order and shall fill out and sign the certificate required to be made by them as to the whole number voting at such election. If the envelopes containing ballots found in such box-shall be more than the number of such envelopes so shown by the poll books to have been deposited therein, the inspectors shall compare the names upon such envelopes with the names recorded in such poll books and all such envelopes so found in said ballot box purporting to have been deposited therein by a voter whose name is not duly entered in such poll books as herein provided, shall with their contents be immediately destroyed, without opening the same; and if more than one such envelope shall be found in said ballot box purporting to have been deposited therein by the same voter, then all such envelopes and their contents purporting to have been deposited in such ballot box by such voter shall be destroyed. No such envelope that has not the official indorsement as herein provided shall be counted.

At the completion of the count the inspectors shall certify the correctness of the same upon the poll books and shall publicly announce the result of such count. The inspectors shall thereupon inclose all such envelopes containing ballots without opening the same, in a sealed package with one of said poll books, and shall direct them to the secretary of state, at Albany, New York, and shall forward the same by mail or express to him as soon as possible after such election. The other of such poll books shall be sealed in an envelope directed to the governor of the state of New York, at Albany, New York and shall be forwarded forthwith to him by mail or express, but by different hands, if possible, from those carrying such envelopes containing ballots and such poll books, so directed to be forwarded to the secretary of state, receipts therefor, respectively, being taken by the chairman of the boards of inspectors.

Derivation: L. 1898, ch. 674, § 12.