approval of the board of elections, filed with the town clerk.

As

nearly as may be, except as above provided, an election district shall contain four hundred and fifty voters where paper ballots are used, six hundred voters where one voting machine is used and nine hundred voters where two voting machines are used, but it may contain a less number where the convenience of the voters will be promoted thereby, or where that is necessary to enable all the voters to vote for the same offices. When necessary, in order to comply with this section, the election districts into which a town, ward or assembly district is or may be divided may be consolidated, divided or otherwise altered, or new districts may be created, or a town or ward so divided may be made one election district, but the election districts of a town, ward or assembly district shall not be altered or new election districts created because of excessive number of voters in any such election district until such number shall exceed by at least fifty the number above specified.

§ 5. Section two hundred and seventy-two of such chapter is L 1927, hereby amended to read as follows:

ch. 662, § 272,

New York.

§ 272. County boards of canvassers; boards of canvassers of the amended. city of New York and the counties therein. Outside of the city of New York, the board of supervisors of each county shall be the county board of canvassers of such county. Such board also shall be the city board of canvassers of any city or cities within the county for a city election held with the general election, except as otherwise provided in local acts enacted after the eighth day of June, nineteen hundred ten, and except also that the council of the city of Buffalo shall be the city board of canvassers of such city. The board of elections of the city of New York shall be city of the county board of canvassers of each of the counties in such city and the city board of canvassers of such city. The term "canvassing board" as used in this article, shall mean the county board of canvassers, including the board of elections of the city of New York sitting as such a county board and as a city board of canvassers. In the city of New York, the secretary of the board of elections, or, if he be absent or unable to act, a member or chief clerk designated by the board, and elsewhere the president of the board of elections, or, if he be absent or unable to act, the secretary of such board shall be the secretary of the canvassing board. Each canvassing board shall meet on the Tuesday next after each election of public officers, held within its jurisdiction, except an election of town, city, village or school district officers. held at a time other than that of a general election, or before that day and not earlier than the Thursday following the election, if the secretary shall issue a call therefor. The canvassing board shall meet at the place where it usually meets in other capacities, but in the city of New York its duties may be performed in any or all of the offices of the board of elections. The canvassing board shall organize by selecting one of its members as chairman. The secretary shall administer the constitutional oath of office to the chair

L. 1927, ch. 662, § 314.

War ballots.

man, who shall then administer such oath to the secretary and each member of the board. A majority of the members of the board shall constitute a quorum, but if a majority shall not attend on the day fixed for the meeting, the members present shall elect the chairman and adjourn to a stated hour of the next day.

§ 6. Section three hundred and fourteen of such chapter is hereby amended to read as follows:

§ 314. Canvass of votes. The votes cast upon war ballots shall be canvassed by the board of elections, except that in the city of New York such canvass shall be made in the different counties, in each borough office of the board of elections by a special board consisting of four employees of the board of elections designated by the board of elections upon the recommendation of the chairmen of the county committees in the several counties of the parties entitled to representation upon a board of inspectors of election. Such designations shall be made in such manner as to secure equal representation of the two political parties which, at the general election next preceding the election as to which such special board is to act, cast the highest and next highest number of votes. If any such chairman shall fail to make such a recommendation, the board of elections may designate without recommendation.

The board of elections, or such special board, as the case may be, shall convene for the purpose of canvass at ten o'clock in the forenoon on the sixth Tuesday after the election, in the case of a general election, or at such hour on a day to be fixed by the board of elections not later than the sixth Tuesday after the election, in the case of any other election. At least one week before such day, the board of elections shall post in its office, and in each branch office, a notice specifying the time and place when the canvass will be made and also shall mail notice thereof to any candidate who shall have previously filed a written request for such notice and to the chairman of each of the county committees.

At the time and place so fixed, the board of elections, or such special board, publicly shall canvass the votes. The president of the board of elections shall be chairman of the board. In the city of New York, the board of elections shall designate a chairman of each special board in each county. The canvassing board shall open the packages containing the statement and envelopes. It shall then assort the envelopes and group them by election districts. The chairman shall read aloud the endorsement contained upon each of the envelopes for an election district. After the reading of each such endorsement, the board shall examine the register for the election district, and poll book, if any, and shall compare the signatures, if any, in the register or poll book and on the envelope, of a person or persons of the same name. It shall reject any envelope bearing the name of a voter who voted within the state, in the election district, at the election. After the voter whose name is on the envelope shall be found qualified to vote in the election district, the chairman or a member of the board shall open the envelope and without unfolding or inspecting the contents

of the ballot or ballots shall deposit them in a ballot box or boxes. If an envelope shall contain more than one ballot for the same officers, amendment or question, all ballots therein shall be rejected. If it be determined that for any reason the voter was not qualified to vote in such election district, his envelope shall be rejected, without opening, or, if such disqualification be discovered after the withdrawal of the ballot or ballots from the envelope and before deposit in the ballot box, his ballot or ballots shall be rejected without inspection or unfolding and shall be returned to the envelope. In case of such rejection, the board shall endorse thereon the reason therefor. If it be impossible to determine the address of the voter, or, if there is no address on the envelope by which the appropriate election district may be determined, or, if the envelope is entirely blank, such envelope shall not be opened but shall be rejected.

After all the ballots for an election district shall have been cast, the board shall proceed immediately to canvass the same in the manner, so far as practicable, in which votes are canvassed by inspectors of election, except that no ballots shall be rejected as void where the intent of the voter is clearly apparent. The board shall make a statement and return of the canvass for such election district substantially in the form provided by this chapter for a return by inspectors of election. Such board shall complete the canvass of votes in an election district and make such return before proceeding to the canvass of the votes in another election district. In the city of New York, such returns, for a county, shall be immediately filed with the board of elections at its main office. If a board other than the board of supervisors or board of elections of the city of New York canvasses the returns from election districts as to any of the offices, the board of elections immediately shall transmit to the clerk or secretary of such other canvassing board, a copy of the returns for such districts, made pursuant to this section.

repealed.

§ 7. The powers, duties and jurisdiction heretofore conferred §§ 50-51, or imposed by the election law on the county clerks of the counties of Oneida, Nassau, Suffolk and Westchester shall terminate on the taking effect of this section. The offices of commissioner of elections in the counties of Monroe and Niagara, as constituted pursuant to sections fifty and fifty-one of the election law, which sections are repealed by this act, are abolished on the taking effect of this section. All books, documents, papers, records, election. appliances and property held or used by and under the control of either of such commissioners or any such county clerk shall, upon the taking effect of this section, be transferred to the care, custody and control of the respective boards of elections of such counties, as constituted under the election law, as amended by this act. The abolition of such office of commissioner, or the termination of such powers and duties of the county clerk, shall not affect the continuation of any pending matter, the operation and effect of the previous filing of any paper or the publication of any notice,

Effective date.

or the running of time with respect to any matter under the election law, and for such purposes such board of elections shall be deemed to be a continuation, without intermission, of the office of such commissioner or county clerk, and to have his powers and duties, except as such powers and duties are modified by this act. § 8. The boards of supervisors of each of the counties of Monroe, Nassau, Oneida, Niagara, Suffolk and Westchester shall meet on the first Monday in June, nineteen hundred thirty-five, and determine whether the county shall have two or four commissioners of elections and shall report its determination forthwith to the chairman of the proper county committees. In case of such counties the board of supervisors of the county shall meet on the third Monday in June of such year and appoint the commissioners of elections for the county, as provided in section thirty of the election law, for terms beginning on the ensuing first day of July, nineteen hundred thirty-five, and expiring December thirty-first, nineteen hundred thirty-six, shall fix their salaries and shall do all things necessary to provide offices and assistants for the board of elections. In each county named in this section, the chairman of the respective political parties described in section thirty-one of the election law shall make and file with the board of supervisors, before the third Monday in June, nineteen hundred thirtyfive, their recommendations of persons for the offices of commissioners of elections, in the manner provided in such section.

§ 9. In the counties of Monroe and Niagara, the election officers heretofore appointed by the commissioners of elections therein shall, unless sooner removed pursuant to law, serve as such officers until their successors, to be appointed in time and manner as provided in article three of the election law, shall take office. Election districts in such counties, as constituted when this section takes effect, shall continue until changed pursuant to the election law, as amended by this act.

§ 10. This act shall take effect July first, nineteen hundred thirty-five, except section eight, which shall take effect immediately.

L. 1922, ch. 588,

new

222-a.

CHAPTER 4

AN ACT to amend the election law, in relation to additional returns of

canvass

Became a law January 18, 1935, with the approval of the Governor. Passed, three-fifths being present

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Chapter five hundred and eighty-eight of the laws of nineteen hundred twenty-two, entitled "An act in relation to the elections, constituting chapter seventeen of the consolidated laws," is hereby amended by inserting therein a new section, to

follow section two hundred and twenty-two, to be section two hundred and twenty-two-a, to read as follows:

§ 222-a. Additional returns of canvass. In addition to the returns of the canvass of votes required by sections two hundred and twenty-one and two hundred and twenty-two, each board of elections inspectors shall prepare and execute a verified statement of the number of votes cast in its election district for the two candidates having the highest and the next highest number of votes cast for the offices of president, vice president, governor, lieutenant-governor, comptroller, attorney-general, United States senator, member of the house of representatives, chief judge of the court of appeals, judge of the court of appeals, state senator and member of assembly in any general election. Such statement shall also specify the hour and day of its execution. Such board shall cause such statement to be deposited in the most convenient United States postoffice, within twenty-four hours after the closing of the polls at said election, in a securely sealed and adequately stamped envelope addressed to the secretary of state, Albany, New York. The secretary of state, as soon as practicable following the receipt of such statements, shall compile and make official announcement of a statement of the returns of said election, arranged by counties, as reported to him by the election boards of the state. Notwithstanding any inconsistent provision of law, no order shall be granted by any court staying the making of the statement or of the announcement required to be made by this section. The secretary of state shall prepare and furnish the necessary supplies to facilitate compliance with the provisions of this section by boards of inspectors.

§ 2. This act shall take effect immediately.

CHAPTER 5

AN ACT to amend the election law, in relation to the compulsory filing of statements of campaign receipts, expenditures and contributions prior and subsequent to elections, primary elections and conventions

Became a law January 18, 1935, with the approval of the Governor. Passed, three-fifths being present

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

ch. 588,

Section 1. Section three hundred and twenty of chapter five L. 1922, hundred and eighty-eight of the laws of nineteen hundred twenty- § 320, two, entitled "An act in relation to the elections, constituting amended. chapter seventeen of the consolidated laws," is hereby amended to read as follows:

§ 320. Political committee defined. The term "political committee," under the provisions of this article, means any committee or combination of three or more persons co-operating to aid or to