305. Examination as to qualifications. All persons so proposed on behalf of any party for appointment shall be examined as to their possessing the qualifications required by section three hundred and two of this chapter. If the appointing power be the board or commissioner of elections, such examination shall be made by such board or commissioner. If the appointing power be the mayor, such examination shall be made by the board of elections, as defined by section three, of the county in which the city is located. Appointments by a mayor shall be subject to the determination of such board of elections as to the qualifications of the persons appointed. Upon making his appointments from party lists the mayor shall certify the names of the persons appointed to the board of elections, accompanied with the name and address of each chairman of a committee or other person by whom each party list was authenticated. The board or officer conducting any examination under this section shall give five days' notice in writing of such examination to the person to be examined, and also the chairman of the committee or other person by whom the list is filed and authenticated, and such chairman or other person may appear and be heard at such examination, either in person or by counsel. When the appointing and examining authority is the same board or officer, if a person so nominated after examination is found qualified, under section three hundred and two of this chapter, he shall be appointed to the position for which he was recommended. When the appointing and examining authority is the same board or officer, if a person so proposed is found disqualified after examination, notice in writing to that effect shall be given by the board or other examining and appointing officer within three days after such disqualification is determined, to the chairman of the committee or other person by whom the list embracing the name of the person so disqualified was authenticated, and the vacancy shall be filled by the appointment of a qualified person named in a supplemental list filed on behalf of the same party, except that if a party entitled to representation files no list the appointment may be made without such list, as provided in section three hundred and three, after examination. Where appointments shall have been made by the mayor and certified to the board of elections, such appointments shall be absolute as to persons found qualified by the board of elections. If a person so appointed shall be found by such board to be disqualified, the board of elections shall forthwith give notice thereof to the mayor who shall, within three days thereafter, give notice in writing to that effect to the chairman of the committee or other person by whom the list embracing the name of the person so disqualified was authenticated, and a vacancy shall be deemed to exist therein to be filled by the mayor by the appointment, subject to examination by the board of elections, of a person named in a supplemental list filed on behalf of the same party, or of a person who is a member of such party if no list be filed. If a person recommended shall have served as an election official at any previous election, it shall not be necessary for him to be examined. Derivation: Election Law, pt. of § 12, as amended by L. 1897, ch. 379, § 5; L. 1898, ch. 675, § 1; L. 1899, ch. 630, § 2; L. 1901, ch. 95, § 6; L. 1904, eh. 70; § 1. Amended by L. 1911, ch. 649; L. 1918, ch. 323, in effect Apr. 24, 1918. § 306. Party selection in the city of New York. In the city of New York the members of the board charged with the duty of appointing election officers, who represent the same political party, shall have the exclusive right and be charged with the exclusive duty of selecting from the list submitted, or, in lieu of said list, the members of such party who are to be appointed as election officers. Derivation: Election Law, pt. of § 12, as amended by L. 1897, ch. 379, 85; L. 1898, ch. 675, § 1; L. 1899, ch. 630, § 2; L. 1901, ch. 95, § 6; L. 1904, ch. 70, § 1. § 307. Oath of office; certificate of appointment. Every person so appointed as an election officer shall, within five days after notice of his appointment, take and subscribe the constitutional and statutory oath of office, which shall be administered, if in the city of New York, by a commissioner of elections, or by any clerk or other employee of said board of elections who shall be designated by said board in writing over the signature of its president to administer said oath of office, and if in any other city, by the mayor thereof or by any Every person so sworn as an election officer shall receive a certificate of appointment and qualification, signed by the person who administered the oath, in such form as may be approved by the board or mayor by which or whom he was appointed, and specifying the capacity and the election district in which he is to serve and the date of the expiration of his term of office. Derivation: Election Law, pt. of § 12, as amended by L. 1897, ch. 379, § 5; L. 1898, ch. 675, § 1; L. 1899, ch. 630, § 2; L. 1901, ch. 95, § 6; L. 1904, ch. 70, § 1. Cross-references.-As to oath to be taken by election officers before opening of polls on election day, see Election Law, § 357. See also note to Election Law, § 302. Forms.-As to form of oath of office, see Forms (part 12, post). $ 308. Removals; vacancies; transfers. Any election officer so appointed may be removed for cause by the board or mayor making the appointement, in which case ́such removal, unless made while such officer is actually on duty on the day of registration, revision of registration or election, and for improper conduct as election officer, shall only be made after notice in writing to the officer to be removed, which notice shall set forth clearly and distinctly the reasons for his removal. Neglect to attend to the duties of the office shall be a cause for the removal of any such officer. In cities of the first class, it shall be the duty of the board or mayor making the appointment of an election officer, to remove forthwith such officer, without preferring any charges and without notice to such officer, upon the written request of the official of the political party who certified the name of such election officer or his successor. All such vacancies so created shall be filled in the same manner as the original appointment was made. Any election officer who shall at any time be appointed to fill a vavancy, which fact shall be stated in his certificate of appointment, shall hold office only during the unexpired term of his predecessor. No election officer shall be transferred from one election district to another after he has entered upon the performance of his duties and no election officer shall serve in any county save that in which he shall reside. Derivation: Election Law, pt. of § 12, as amended by L. 1897, ch. 379, § 5; L. 1898, ch. 675, § 1; L. 1899, ch. 630, § 2; L. 1901, ch. 95, § 6; L. 1904, ch. 70, § 1. Amended by L. 1918, ch. 323, in effect Apr. 24, 1918. Consolidators' note.-The provisions regarding penalties which in the original section appear between the two paragraphs of this section are here made § 310. 309. Certificates of service; exemption from jury duty; pay ment. The chairman of each board of inspectors of each election district shall, within twenty-four hours of any election, furnish to the mayor or board appointing such officers, if required so to do by such mayor or board, under his hand, a certificate stating the number of days of actual service of each member of such board, the names of the persons who served as poll clerks and ballot clerks on election day and the number of days during which the store, building or room hired for registration and election purposes was actually used for such purposes. Any person acting as such chairman, who shall wilfully make a false certificate, shall be guilty of a misdemeanor. All persons appointed and serving as election officers on any of the days of registration or of election or of count of votes in cities of the first class shall be exempt from jury duty for one year from the date of the general election at which they serve. Such officers shall be paid by the comptroller of the respective cities within twenty days after the election at which such officers served, upon the certificate of the board or mayor appointing them. If a person recommended and examined for appointment as election officer in a city, or examined therefor without recommendation in the absence of a party list, as provided in section three hundred and five, be found disqualified and be not appointed, as therein provided, and such person shall serve in the same calendar year as inspector at a registration or election or as poll-clerk or ballot clerk at an election, under a vacancy ap pointment provided for in section three hundred and thirteen, he shall receive no compensation for such services. Derivation: Election Law, pt. of § 12, as amended by L. 1897, ch. 379, § 5; L. 1898, ch. 675, § 1; L. 1899, ch. 630, § 2; L. 1901, ch. 95, § 6; L. 1904, ch. 70, § 1. Amended by L. 1918, ch. 323, in effect Apr. 24, 1918. Forms.-Form for chairman's certificate. See Forms (part 12, post). $310. Special penalties. Every person appointed as an election officer, failing to take and subscribe the oath of office as herein before prescribed or who shall wilfully neglect or refuse to discharge the duties which he was appointed to perform, shall, in addition to the other penalties prescribed by law, be liable to a fine of one hundred dollars, to be sued for and recovered by the mayor or board making the appointment, in a court of record, for the use and benefit of the treasury of such city. Any election officer who, being removed for cause, shall fail upon demand to deliver over to his successor the register of the voters, or any tally sheets, book, paper, memorandum or document relating to the registration of voters or the election in his possession, so far as he has made it, shall be liable to a like penalty to be recovered in a like manner for the benefit of such city. Any election officer who is removed for neglect of official duties shall forfeit the compensation earned up to the time of such removal. An election officer who is removed for neglect of official duties shall be ineligible to again serve in such capacity for the term of five years; provided, however, that the board or officer having the power of appointment may rehear the charges against such officer at any time before the expiration of two years, and if it be determined that such removal was without sufficient cause such officer shall be again eligible for appointment if otherwise qualified. Derivation: Election Law, pt. of § 12, as amended by L. 1897, ch. 379, § 5; L. 1898, ch. 675, § 1; L. 1899, ch. 630, § 2; L. 1901, ch. 95, § 6; L. 1904, ch. 70, § 1. Amended by L. 1918, ch. 323, in effect Apr. 24, 1918. |