§ 311. Appointment of inspectors of election in towns. Except as provided in section two hundred and ninety-six, inspectors of election in towns shall be appointed by the town board in each year in which a town meeting is held for the election of town officers, and within thirty days thereafter. Such appointments shall be made from lists to be prepared, certified and filed in the manner hereinafter provided, by the two political parties entitled to representation on a board of election officers. The town caucus or primary held by each such political party for the purpose of nominating town officers shall prepare a list containing the names of at least two persons, qualified to serve as inspectors of election, for each election district in said town, which lists shall be certified by the presiding officer and a secretary of said caucus or primary, and filed with the town clerk in the same manner and at the same time as the party certificate of nomination filed by said party. From each of the two lists so filed, the town board shall appoint two persons who possess the qualifications prescribed by law for election officers. If in any town more than one such list be submitted on behalf or in the name of the same political party, only that list can be accepted which is certified by the proper officer or officers of the faction of such party which was recognized as regular by the last preceding state convention of such party; or if no such convention was held during the year, by the proper officer or officers of the faction of such party, which at the time of the filing of such list is recognized as regular by the state committee of such party. Such appointment shall be made in writing and filed with the town clerk, who shall forthwith notify each person so appointed of his appointment to said office, in the manner in which he is now by law required to give notice to a person of his election to a town office when his name does not appear upon the poll list at the town meeting at which he was elected to said office. From the additional names, if any, contained on the lists so filed, of persons qualified to serve as such, the town board shall appoint inspectors of election in case of the resignation, declination or other incapacity of persons appointed to such office. If such lists contain no additional names of such persons, the town board shall fill vacancies caused by such resignation, declination or other incapacity by appointing persons known, or proved to the satisfaction of a majority of the members of said board to be members of the same political party in which such vacancy occurred. All appointments to fill vacancies shall be made in writing and filed with the town clerk, and notices thereof given by him as herein before provided in the case of an original appointment. Derivation: Election Law, pt. of § 13, as amended by L. 1898, ch. 335, § 3; L. 1901, ch. 536, § 2. Consolidators' note. - - Section 296 (old section 8) prescribes that inspectors of election shall be elected in towns, where election districts are changed. This section provides that they shall be appointed by the town board. The last amendment to section 296 having been made in 1906, while the last amendment to this section was made in 1901, the provisions of section 296 would govern in cases of conflict. Accordingly the words " except as provided in section two hundred and ninety-six" have been supplied. Cross-References. Term of office of inspectors, two years. Town Law, 82 (part 8, post). Oath of office of person elected or appointed to any town office, when to be taken and filed. Town Law, § 83 (part 8, post). Power of town board to fill vacancies in any town office. Town Law, § 130 (part 8, post). As to oath of office, see also Election Law, §§ 307, 357; N. Y. Const., art. 13 (part 2, post); and Public Officers Law, § 10 (part 6, post). See also notes to Election Law, §§ 302 and 307. Forms. Form for bill for compensation of election officers in towns. See Forms (part 12, post).Compensation of town election officers. —"If a different rate is not otherwise established as herein provided, each inspector of election, ballot clerk and poll clerk is entitled to two dollars per day; but the board of super visors may establish in their county a higher rate, not exceeding six dollars per day." Town Law, § 85. Although town election officers were employed from five A. M. until nearly midnight at a general election, held, that they were only entitled to one day's pay under section 178 (now § 85) of the Town Law and that the statute fixing the number of hours which shall constitute a day's work by its terms does not apply to such offices. People ex rel. Kleet v. Town Bd. West Turin, (1899) 27 Misc. 470, 59 N. Y. Supp. 234. "No account Account of inspectors, etc., in towns, how made out. shall be audited by any board of town auditors or supervisors for any services or disbursements unless such account shall be made out in items and accompanied with an affidavit attached thereto, and to be filed with such account, made by the person presenting or claiming the same, that the items of such account are correct and that the disbursements and services charged therein have been in fact made or rendered or are necessary to be made or rendered at that session of the board, and stating that no part thereof has been paid or satisfied; and the chairman of the board may administer any oath required under this section." Extract from Town Law, § 175. § 312. Appointment of clerks in towns. . At the first meeting in each year of the board of inspectors in every district in a town, one general clerk shall be appointed by the two inspectors of election representing one of the political parties entitled to representation on such board, and one such clerk shall be appointed by the two inspectors representing the other political party. Such appointments shall be in writing, signed by the inspectors making the appointments respectively, and shall be filed by them with the town clerk of the town in which such election district is situated, and a copy thereof with the post-office address of each person so appointed shall be mailed to the clerk of the county. The general clerks so appointed shall hold their office during the term of office of the inspectors appointing them, except as hereinafter provided. The persons so appointed as general clerks shall be voters in the district in which they are appointed to serve, and shall possess the qualifications required of such officers by section three hundred and two of this article. If at the time of any election at which general clerks are required to be present at the polling place in any election district, the office of any such clerk of such district shall be vacant; or . such a clerk shall be absent, the inspectors of election in such district shall forthwith appoint a person to fill such vacancy. Such person so appointed shall, before he acts as poll clerk or ballot clerk, as the case may be, take the constitutional and statutory oaths of office. Derivation: Election Law, pt. of § 13, as amended by L. 1898, ch. 335, § 3; L. 1901, ch. 536, § 2. Amended by L. 1919, ch. 504, in effect May 9, 1919. Forms. As to form of appointment of poll clerks, ballot clerks and general clerks in towns, see Forms (part 12, post). § 313. Supplying vacancies and absences. If at the time of any meeting of the inspectors there shall be a vacancy or if any inspectors shall be absent from such meeting, the inspector present who shall be a member of the same political party as the absent inspector shall appoint a qualified voter of the district, who shall also be a member of the same political party as the absent inspector, to act in the place of such absent inspector for the whole of that day. And the person so appointed shall be paid the amount which the absent inspector, if he had been present, would have been entitled to be paid for his services upon that day, and the absent inspector shall not be paid for any services for that day. If two inspectors, who are members of the same political party, shall be absent from any such meeting, on election day, the poll clerk, if he be present, and if he be absent then the ballot clerk, or the general clerk, who is a member of the same political party as the absent inspectors, shall appoint two qualified voters of the district, who shall be members of the same political party as the absent inspectors, to act in the place of such absent inspectors for the whole of that day; and the persons so appointed shall be paid the amounts which the absent inspectors, if they had been present, would have been entitled to be paid for their services upon that day, and the absent inspectors shall not be paid for any services for that day. If two inspectors, who are members of the same political party, shall be absent on any of the days of registration, the inspector or inspectors present shall appoint qualified voters of the district, who shall be members of the same political party as the absent inspectors, to act until such absent inspectors, or their successors duly appointed as hereinbefore provided, shall appear and such persons, so serving temporarily, shall serve without pay. If, at any such time, the offices of all inspectors are vacant, or no inspector shall appear within one hour after the time fixed by law for the opening of such meeting, the qualified voters of the district present, not less then ten, may designate four qualified voters of the district belonging to the political parties as specified in section three hundred and two, to fill such vacancies, or to act in the place of such inspectors respectively, until the absent inspectors respectively appear. If at any time there shall be a vacancy in the office of any poll clerk, ballot clerk or general clerk, or if any such clerk shall be absent from a meeting which he is required to attend, the inspector or inspectors present, who shall be a member or members of the same political party as the absent clerk, shall appoint a qualified elector of the district, who shall also be a member of the same political party as the absent clerk to fill such vacancy. Every person so appointed or designated to act as an inspector or clerk shall take the constitutional and statutory oath as prescribed by this chapter. Derivation: Election Law, pt. of § 14, as amended by L. 1904, ch. 487, § 1. Amended by L. 1919, ch. 504, in effect May 9, 1919. Cross-references.- Similar provisions as to supplying vacancies in office of poll or ballot clerks in towns. See preceding section. Civil service rules and regulations do not apply to election officers. Civil Service Law, § 9. Forms.- Forms for appointment to fill vacancies and absences at meetings of inspectors. See Forms (part 12, post). If no clerks can be procured election is not to fail, but inspectors must perform the clerks' duties. People v. Cook (1853), 8 N. Y. 88. § 313-a. Filling vacancies in board of canvassing inspectors in cities of over one million inhabitants. In a city of over one million inhabitants, the provisions of section three hundred and thirteen shall apply to the vacancies existing or occurring in the board of inspectors appointed to serve during the canvass and return of the votes; and any power or duty with respect to filling such vacancy devolved by such section upon one or more inspectors or other election officers shall be exercised by an inspector or inspectors of such board who may be present, in the same manner as such power or duties are exercised by an election officer serving before the close of the polls, regard being had to the party affiliation of the officer exercising such power as provided in section three hundred and thirteen. Added by L. 1918, ch. 323, in effect Apr. 24, 1918. . § 314. Organization of boards of inspectors. 1. Before otherwise entering upon their duties the inspectors of each district shall then immediately appoint one of their number chairman; or, if a majority shall not agree upon such appointment, they shall draw lots for that position. 2. In any election district outside of a city of over one million inhabitants, the chairman of the board of inspectors shall designate two inspectors, of opposite political faith, to act as poll clerks, and they shall have all the powers and duties of poll clerks under this chapter during the taking of the vote and until the completion of the duties of poll clerks, in preparation of the canvass, prescribed by sections three hundred and sixty-six and three hundred and sixty-seven of such chapter, after which time the general clerks, appointed as such under the foregoing provisions of this article, shall have the powers and duties of, and be known as, poll clerks for the purpose of the canvass of the votes and return thereof. Such general clerks shall be known as, and have the powers and duties of ballot clerks under the provisions of this chapter during the taking of the vote, and thereafter until they have completed the duties of ballot clerks prescribed by section three hundred and sixty-six. 3. In a city of over one million inhabitants, the four additional inspectors, to serve after the closing of the polls, shall appoint one of their number chairman in like manner, or, if a majority shall not agree upon such appointment, they shall draw lots for that position. At each election, the chairman of such-board of additional inspectors shall designate two inspectors, of opposite political faith, to act as poll clerks, and they shall have all the powers and duties of poll clerks during the canvass of the votes, in addition to their powers and duties of inspectors. 4. In all proceedings of the inspectors acting as registrars, inspectors or canvassers, they shall act as a board, and, in a case of a question arising as to matters which may call for a determination by them, a majority of such board shall decide. |