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tion, the envelope shall be opened and the ballot or ballots withdrawn and deposited unopened in the proper box or boxes. At the time of the deposit of an absentee voter's ballot or ballots, the words "absentee vote" shall be written in the poll-book, or poll-book section of the register, opposite the name of the voter, in the "remarks" column, in lieu of entries as to ballot numbers. The ballots so deposited shall be canvassed at the same time and in the same manner as provided for the canvass of other ballots.

Added by L. 1920, ch. 875, in effect May 21, 1920.

§ 532. Objections to qualifications of absentee voter. After the close of the polls, an inspector or any other person present in the polling place may object to the voting of the ballot or ballots contained in any envelope upon the ground or grounds that the person whose signature is upon such envelope is not a qualified voter in such election district or was within the county while the polls were open and not entitled to cast such ballot or ballots. The board shall proceed forthwith to determine such objection and may take proof thereon. Unless the board, by majority vote, shall sustain the objection, the chairman, or if he refuse, another inspector shall endorse upon the envelope the objection and the words "not sustained," and shall sign such endorsement, and the envelope shall thereupon be opened and the ballot or ballots deposited as provided in this article as though no objection had been made thereto. Should the board, by majority vote, sustain such objection, the objection and the word sustained" shall be similarly endorsed upon the envelope and the envelope shall not be opened nor the ballots therein canvassed. Such envelope shall be returned unopened to the board of elections with the other returns of the election.

Added by L. 1920, ch. 875, in effect May 21, 1920.

8 533. Judicial review of qualifications of voters.

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A person whose ballot or ballots shall be rejected as provided in the preceding section, or any candidate whose name lawfully ap pears upon any such ballot, may apply to the supreme court forthwith or within twenty days after the election for an order to de termine the question raised by the objections made thereto. The court shall prescribe what and to whom notice of such application

shall be given. If the court shall reverse the decision of the board of inspectors thereon, it shall direct the counting and canvass of such ballots. The order therefor shall provide that the envelope containing such ballots and any others' in the same election district similarly circumstanced shall be opened, the ballots therein cast and counted as though no objection had been made thereto, and the canvass in such election district shall be corrected accordingly. Boards of inspectors of election districts and boards of canvassers shall continue in office for the purposes of such proceedings. Added by L. 1920, ch. 875, in effect May 21, 1920.

§ 534. Clerks' duties and ballot clerks' returns.

When an envelope shall be opened for the purpose of removing and casting the ballot or ballots therein, if one or more of the different kinds of ballots to be voted at the election are not found therein, a memorandum showing the kind of each ballot missing shall be made by the ballot clerks, or general clerks acting as ballot clerks, and the total number of each kind missing shall be ascertained before the preparation of the ballot clerks' returns. The ballots and stubs referred to in the form contained in section three hundred and thirty-five shall be deemed to mean only the regular ballots supplied for the use of voters who yote in person. A separate form of ballot clerks' return, applying only to absentee voters' ballots of each kind, shall be provided by the board of elections. Such return shall show, in the following order, the number of envelopes received, the number of envelopes unopened and the number of envelopes opened. Below the number of envelopes opened shall be stated the number of ballots, of the kind for which the re turn is made, which were not found in the envelopes opened. Provision shall be made for the deduction of such missing ballots from the number of envelopes opened, and the remainder shall be stated as the number of ballots remaining to be accounted for in the ballot box. The affidavit of the clerks, to follow such statement, shall be only to the effect that the "foregoing is a correct return of the absentee voters' envelopes and ballots delivered to us for this election."

In preparing for the canvass, by comparing the number of bal lots found in each box with the number shown by the ballot clerks' returns to have been deposited therein, as provided in section three

hundred and sixty-seven, the number of ballots remaining to be accounted for in the ballot box, as shown by the ballot clerks' returns, shall be determined by adding together the number so stated in the ballot glerks' return of regular ballots and their return of absentee voters' ballots.

Added by L. 1920, ch. 875, in effect May 21, 1920.

§ 535. Duty of voter who is within the county on election day. If a voter who shall have mailed or delivered an absentee voter's ballot to the board of elections is within the county of his residence on the day of the election, at any time between the opening and closing of the polls, he shall immediately notify or make diligent effort to notify the inspectors of election of the election district in which he resides of the fact of his presence in the county. Added by L. 1920, ch. 875, in effect May 21, 1920.

§ 536. Ballot boxes to be provided where voting machines are used; canvass.

In election districts where voting machines are used, a bailot box or boxes shall be provided by the proper authorities for the reception of absentee voters' ballots deposited pursuant to this article. In such districts, such ballots shall be canvassed in the same manner, so far as practicable, that ballots are canvassed in other election districts, so far as consistent with this article, and the votes counted for a person, upon such canvass, shall be added to those cast for such person according to the machine and shall be included in the returns.

Added by L. 1920, ch. 875, in effect May 21, 1920.

§ 537. Preservation of envelopes and ballots.

It shall be the duty of the board of inspectors to preserve all envelopes containing the oaths of absentee voters and deliver the same to the board of elections at the time of delivery of the ballot boxes. Such envelopes shall be held by the board of elections for a period of two years after election. Such envelopes shall at all times be open to public inspection.

Added by L. 1920, ch. 875, in effect May 21, 1920.

§ 538. Penalties

Any person who shall make or cause to be made any material false statement in connection with his application to vote as an

absentee voter, or who shall vote or attempt to vote, under the provisions of this article, by fraudulently signing the name of another upon any envelope provided for in this article, or who, not being a qualified voter and having knowledge or being chargeable with knowledge of that fact, shall attempt to vote under this article, and any person who shall do or attempt to do, or aid in doing or attempting to do, a fraudulent act in connection with any vote cast or to be cast or attempted to be cast under the provisions of this article, shall be guilty of a felony, and upon conviction shall be punishable by imprisonment for not less than one year nor more than five years.

An officer or other person who intentionally opens an absentee voter's envelope or examines the contents after the receipt of the envelope by the board of elections and before the close of the polls at the election shall be guilty of a misdemeanor.

Added by L. 1920, ch. 875, in effect May 21, 1920.

§ 539. General provisions concerning elections to apply.

All provisions of this chapter, so far as applicable and not inconsistent with the provisions of this article, shall apply to the taking of the votes of absentee voters under this article.

Added by L. 1920, ch. 875, in effect May 21, 1920.

ARTICLE 16.

CORRUPT PRACTICES.

Section 540. Political committee defined.

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541. Statement of campaign payments not made through political committee.

542. Personal expenses defined.

543. Treasurer of political committee.

544. Accounting to treasurer or candidate.

545. Vouchers.

546. Statement of campaign receipts and payments.

547. Campaign contributions to be under true name of contributor.

548. Filing and preserving statements.

549. Secretary of state to provide forms.

550. Contempt proceedings upon default in filing statement.

551. Who may maintain proceedings.

552. Undertaking for costs.

553. Time within which proceedings must be brought.

554. Proceedings to be summary.

555. Preference over other causes.

556. Appeals.

557. Subpœnas.

558. Personal privilege of witnesses.
559. Conduct of hearing.

560. Judgment and penalty.

561. Application of article limited.

562. Party funds not to be expended for primary purposes.

§ 540. Political committee defined.

The term "political committee," under the provisions of this article, shall apply to every committee or combination of three or more persons co-operating to aid or to promote the success or defeat of a politi

party or principle, or of any proposition submitted to vote at a public election or to aid or take part in the election or defeat of a candidate for public office; or to aid or take part in the election. or defeat of a candidate for nomination at a primary election or convention, including all proceedings prior to such primary elec tion, or of a candidate for any office whether public or not to be voted for at a primary election; or to aid or defeat the nomination by petition of a candidate under the primary election law; but nothing in this article contained shall apply to or in respect of any committee or organization for the discussion or advancement of political questions or principles without connection with any election.

Derivation: Election Law, § 200, as added by L. 1906, eh. 502, § 1, amended by L. 1910, ch. 429, in effect June 8, 1910.

A political committee exists wherever three or more persons co-operate to bring about the election or defeat of a candidate or a proposition at an election, and if they make any expenditure of money in so doing they must report their receipts and disbursements. Matter of Woodbury (1916), 174 App. Div. 569, 160 N. Y. Sup. 902.

§ 541. Statement of campaign payments not made through political committee.

Any person, including a candidate, who to promote the success or defeat of a political party, or to aid or influence the election

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