Ballot,contents and how to be

names of persons, as designated to any office, than there are persons to be chosen at the election to fill such office. § 8, tit. 4, ch. 130, 1842. This section modified by §§ 243-247, ante.

Ballot, contents and how to be indorsed.

SEC. 250. Except as otherwise provided in the subseindorsed. quent subdivisions of this section, the ballots shall contain as follows:

1. The names of all persons voted for by any elector at any election, in whose election all of the voters of the State have the right alike to participate, except electors of president and vice-president, and chief judge and associate judges of the court of appeals, shall be upon one ballot, which ballot shall be indorsed "State." The names of all persons voted for by any elector at any election for chief judge and associate judge of the court of appeals, justices of the supreme court, county judge, separate officers to perform the duties of surrogate, local officers to perform the duties of county judge and surrogate, and all other judges or justices, except such as are elected in and for a district which comprises less than an entire county (or city whose boundaries are coterminous with those of a county), shall be upon one ballot, which ballot shall be indorsed "Judiciary." The names of the persons voted for by any elector at any election for any local office, in whose election all of the voters of a county have the right alike to participate, except representatives in congress, senators and members of assembly, shall be upon one ballot, which ballot shall be indorsed "County," but where the boundaries of a city and county shall be coterminous then all city or county officers in whose election all the voters of said city and county have the right alike to participate, except judges or justices as aforesaid, shall be upon one ballot, which ballot shall be indorsed

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City and County." Subd. 1, § 9, art. 2, tit. 4, ch. 130, 1842, as amended by § 9, ch. 240, 1847, and by § 1, ch. 553, 1880, which last chapter is entitled "An act to amend title four, chapter six, part one, of the Revised Statutes, entitled 'Of the manner of conducting elections."" Passed June 9, 1880; three-fifths being present.

2. The name of the person voted for by any elector for member of assembly, at any election, shall be upon a separate ballot and indorsed "Assembly." Subd. 2, § 9, art. 2, tit. 4, ch. 130, 1842, as amended by § 9, ch. 240, 1847, and modified by ch. 712, 1871.

3. The name of any person voted for by any elector for senator, at any election, shall be upon a separate ballot, and indorsed "Senate." Subd. 3, same tit., as amended by § 9, ch. 240, 1847, and modified by ch. 712, 1871.

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4. The name of the person voted for by any elector for representative in congress, at any election, shall be upon a separate ballot and indorsed "Congress." Subd. 4, of § 9, tit. 4, ch. 130, 1842, as amended by § 9, ch. 240, 1847, and modified by ch. 712, 1871.

Electors, presidential.

presiden

SEC. 251. When electors of president and vice-pres- Electors, dent are to be chosen, a separate ballot shall be given for tial. them, which shall be indorsed "Electors," and shall contain the names of the persons designated by the voter giving the same, to be electors of president and vicepresident, or any of them. § 10, tit. 4, ch. 130, 1842. Section 11 of title 4 of chapter 130 of the Laws of 1842, as amended by section 10, chapter 240, 1847, has been superseded by sections 3 and 4 of article 5 of State constitution, as amended in 1876, which sections abolish the office of canal commissioner and the office of inspector of State prisons.

Congress, how designated.

how desig

SEC. 252. If, at a general election for representatives Congress, in congress, any person named in a congress ballot shall nated. be intended to supply a vacancy in the office of such representative, the ballots shall designate the congress for which each person is intended to be chosen. § 12, same tit.

Challenge.

SEC. 253. If any person offering to vote at any election Challenge. shall be challenged in relation to his right to vote at

that election, by an inspector, or by any other person

2

Questions

to persons challeng

ante, and sec. 257,

post.

entitled to vote at the same poll, one of the inspectors shall tender to him the following preliminary oath: "You do swear (or affirm) that you will fully and truly answer all such questions as shall be put to you, touching your place of residence and qualifications as an elector." § 13, tit. 4, ch. 130, 1842.

Questions to persons challenged.

ante, and section 257, post.

See also section 4,

SEC. 254. The inspectors, or one of them, shall then ed. See, proceed to question the person challenged in relation to also, sec., his name; his then place of residence; how long he has resided in the town or ward where the vote is offered; what was the last place of his residence before he came into that town or ward, and also as to his citizenship, and whether a native or naturalized citizen, and, if the latter, when, where, and in what court, or before what officer he was naturalized; whether he came into the town or ward for the purpose of voting at that election; how long he contemplates residing in the town or ward; and all such other questions as may tend to test his qualifications as a resident of the town or ward, citizenship and right to vote at that poll. § 14, same tit.

Vote,

when to be

Vote, when to be rejected.

SEC. 255. If any person shall refuse to take the said rejected. preliminary oath when so tendered, or to answer fully any questions which shall be so put to him, his vote shall be rejected. § 15, same tit.

Qualifications.

Oath to be taken if

is not

Qualifications.

SEC. 256. After receiving the answers of the person so challenged, the board of inspectors shall point out to him the qualification, if any, in respect to which he shall appear to them deficient. § 16, same tit.

Oath to be taken if challenge is not withdrawn.

SEC. 257. If the person so offering shall persist in his challenge claim to vote, and the challenge shall not be withdrawn, with- one of the inspectors shall then administer to him the following oath: "You do swear (or affirm, as the case may be) that you have been a citizen of the United States

drawn.

for ten days, and are now of the age of twenty-one years; that you have been an inhabitant of this State for one year next preceding this election, and for the last four months a resident of this county, and for the last thirty days a resident of this election district; and that you have not voted at this election." If the person so offering shall be challenged for causes stated in section two of article two of the constitution of this State, the following additional oath shall be administered by one of the inspectors: "You do swear (or affirm, as the case may be) that you have not received or offered, do not expect to receive, have not paid, offered or promised to pay, contributed, offered or promised to contribute to another, to be paid or used, any money or other valuable thing as a compensation or reward for the giving or withholding a vote at this election, and have not made any promise to influence the giving or withholding of any such vote; and that you have not made any bet or wager, and are not directly or indirectly interested in any bet or wager depending upon the result of this election. If the person so offering shall be challenged on the ground of having been convicted of bribery or any infamous crime, the following additional oath shall be administered to him by one of the inspectors: You do swear (or affirm) that you have not been convicted of bribery or any infamous crime, or if so convicted, that you have been pardoned and restored to all the rights of a citizen." § 17, tit. 4, ch. 130, 1842, as amended by § 11, ch. 240, 1847, and ch. 138, 1875.

Vote, when to be rejected.

when to be

SEC. 258. If any person shall refuse to take the oath vote, so tendered, his vote shall be rejected. § 19, tit. 4, ch. rejected. 130, 1842.

Repeal of acts requiring property oath from colored men offering to vote.

quiring

SEC. 259. All laws and parts of laws which direct or Repeal of require the registers or inspectors of elections or other actre officers of elections, to tender to or to require of a col- oath from ored man offering to vote, whether when challenged or men offer

property

colored

ing to vote.

Provisions of election

uniform to

not challenged, any oath other than or different from the oath which they are directed or required to tender to or to require of a white man in like cases, are hereby repealed; and all laws or parts of laws which direct or require the registers or inspectors of election to interrogate a colored man offering to vote, or when offered as a witness as to the qualifications of other voters, whether when challenged or not challenged, by putting to him questions or requiring answers, other than those prescribed to be put to or required from a white man, under like circumstances, are hereby repealed, and it shall not be lawful for the registers or inspectors of elections to tender to or administer to a colored man any oath, or to put any questions or require any answers other than such as under like circumstances, it is lawful to tender, administer, put to or require from a white man. § 1, ch. 388, 1870.

Provisions of election laws to be uniform to all voters. SEC. 260. It shall not be lawful for the registers, inlaws to be spectors, canvassers or other officers of election, to reject all voters. the name from the registry, or the vote of any colored man except for like causes as would make it their duty to reject the name or the vote of a white man. same ch.

Penalty.

Oath of inspector, if

Penalty.

§ 2,

SEC. 261. Any register, inspector or other officer of elections offending against the provisions of this act shall, upon conviction, be adjudged guilty of a misdemeanor, punishable by a fine of five hundred dollars and imprisonment for six months. §3, same ch. Section 18, tit. 4, ch. 130, 1842, as amended by § 12, ch. 240, 1847, requiring of a colored citizen offering to vote, the oath in such section specified, has also been abrogated, by art. 15 of the amendments to the United States Constitution, and also by § 1, art. 2, of the State Constitution, as amended in 1874. See sections 1 and 2, ante.

Oath of inspector, if challenged.

SEC. 262. No inspector of election shall at the first