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election after this act takes effect, if challenged, be re

challengquired in the oath administered to him to state that he is a resident of the district in which he offers to vote, if such vote is offered in the district for which he shall be appointed an inspector. $20, tit. 4, ch. 130, 1842.


Sec. 263. The inspectors of any election, in addition Residence. to the other questions to be put to any person offering to vote, when challenged, under the act of the legislature of this State, passed April 5, 1842, entitled “An act respecting elections other than for militia and town officers,” shall interrogate every such person as to his qualifications to vote under the present constitution [of 1846 prior to its amendment in 1874]. $ 17, ch. 240, 1847.

This section is modified by SS 1, 2, 257–261, ante.



Minutes of challengės.

SEC. 264. The inspectors of election shall keep a min- Minutes of ute of their proceedings, in respect to the challenging and administering oaths to persons offering to vote, in which shall be entered by one of them the name of every person who shall have taken the oaths prescribed by this act, or either of them, specifying in each case whether the preliminary oath, or the general oath, or both, were taken; which minute and statement shall be certified by such inspectors, and returned by them to the office at which their return of votes given at such election is made, and at the same time, and shall there be filed. The inspectors shall also direct the clerks of the polls to designate by some appropriate mark, opposite to his name, every person entered on said list who shall have taken the said oaths, or either of them. $ 22, tit. 4, ch. 130, 1842. See SS 233, 235, ante.

Convict, penalty on, for voting.
SEC. 265. Any person who, having been convicted of Convict,

, bribery or any infamous crime, shall vote at any election, for voting. unless he shall have been pardoned and restored to all the rights of a citizen, shall be deemed guilty of a mis

Soldiers' act, so called, repealed

demeanor, and on conviction thereof, shall be imprisoned
in the county jail for the term of six months. $ 23, tit. 4,
ch. 130, 1842, as amended by ch. 138, 1875.
Soldiers' act, so called, repealed.

SEC. 266. Chapter five hundred and seventy of the laws of this State, passed in the year eighteen hundred and sixty-five, is hereby repealed. Ch. 524, 1866, entitled An act to repeal an act entitled' An act to provide the manner in which and the time and places at which the electors of this State absent therefrom in the actual military service of the United States, may vote, and for a canvass and return of their votes,' passed April twentyfourth, eighteen hundred and sixty-five.Passed April 12, 1866.



Of the duties of the board of inspectors an

clerks of the polls. Ballot-boxes.

SEC. 267. At each annual and special election the inspectors shall provide and keep a box in which all ballots required to be indorsed “State," as directed in the ninth section of this title, $ 250, ante), shall be deposited ; also, a box in which all ballots which are required by said ninth section to be indorsed “Judiciary,” shall be deposited; also, a box in which all ballots which are required by said ninth section to be indorsed “county," or “ city and county,” shall be deposited ; also, in the proper counties, a box in which all ballots which are required by said ninth section, to be indorsed “ Assembly,' shall be deposited ; also, a box in which all ballots which are required by said ninth section to be indorsed “Senate,” shall be deposited ; also, a box in which all ballots which are required by said ninth section to be indorsed

Congress,” shall be deposited. At any election at which any officers are to be voted for upon ballots, not otherwise in this section provided for, there shall be provided as many additional boxes as there are additional kinds of ballots required. $ 24, tit. 4, ch. 130, 1842, as

amended by § 13, ch. 240, 1847, by ch. 712, 1871,

and by $ 2, ch. 553, 1880.

Repeal of inconsistent acts.

SEC. 268. So much of chapter six hundred and sev- Repeal of enty-five of the laws of eighteen hundred and seventy- ent acts. two, entitled "An act in relation to elections in the city and county of New York and to provide for ascertaining, by proper proofs, the citizens who shall be entitled to the right of suffrage thereat,” as is inconsistent with the provisions of this act (S$ 250, 267, ante), and all other acts or parts of acts inconsistent with the provisions of this act are hereby repealed. $ 3, ch. 553, 1880.

Boxes for electors and constitutional amendments.

SEC. 269. When electors of president and vice-presi- Boxes for dent are to be chosen, or amendments of the constitution and constiproposed, separate boxes shall in like manner be

provided, in which shall be deposited the ballots for such electors, and on such proposed amendments. $ 25, tit. 4, ch. 130, 1842

tutional amendments.



SEC. 270. Each box shall be provided with a sufficient Ballotlock, and shall be locked before the opening of the poll, and the keys thereof delivered to one of the inspectors, to be appointed by the board, and shall not be opened during the election, except in the manner and for the purposes hereinafter mentioned. $ 26, same tit. ; see $s 228, ante.



Sec. 271. An opening shall be made in the lid of each Ballotbox, not larger than shall be sufficient for a single closed ballot to be inserted therein at one time, through which each ballot received, proper to be placed in such box, shall be inserted. $ 27, same tit.

Ballots, how deposited.

Sec. 272. When the board shall have finally received Ballots, the ballot of an elector, one of the inspectors, without posited. opening the same, or permitting it to be opened or exam

ined, shall deposit it in the box corresponding in title with the indorsement of the ballot. $ 28, tit. 4, ch. 130, 1842; see SS 229, 230, 243-247, ante.



SEC. 273. Each clerk of the poll shall keep a poll-list, which shall contain one column headed "

names of voters," and so many additional columns as there are boxes kept at the election. The heading of each additional column shall correspond with the name of one of the boxes so kept. $ 29, same tit..



SEC. 274. The name of each elector voting shall be entered by each clerk in the column of his poll-list, headed "names of voters ;” and when there shall be more than one box kept, opposite such name shall be written the figure 1, in each remaining column of such poll-list, corresponding in its heading with the name of a box in which a ballot of the elector shall have been deposited. S30, same tit.

to chal

Inspectors to challenge. Inspectors Sec. 275. It shall be the duty of each inspector to lenge.

challenge every person offering to vote, whom he shall know or suspect not to be duly qualified as an elector. $ 31, same tit.; see § 233, ante.

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To preserve order.

Sec. 276. The board of inspectors shall possess full authority to maintain regularity and order, and to enforce obedience to their lawful commands, during an election, and during the canvass and estimate of votes, after the closing of the poll; and shall have full authority to preserve peace and good order at and around the polls of the election, and to keep the access thereto open and unobstructed; and may appoint one or more electors to communicate their orders and directions, and to assist in the performance of the duties in this section enjoined. § 32, same tit.

To preserve order.

Sec. 277. If any person shall refuse to obey the lawful command of the inspectors, or by disorderly conduct in their presence or hearing shall interrupt or disturb their proceedings, they may make an order directing the sheriff, or any constable of the county, to take the person so offending into custody, and detain him until the final canvass of the votes shall be completed; but such order shall not prohibit the person so taken into custody from voting at such election. $ 33, tit. 4, ch. 130, 1842.

To pre

serve order.


Sec. 278. Such order shall be executed by any sheriff Sheriff. or constable, to whom the same shall be delivered; or if none shall be present, by any other person deputed by such board in writing. $ 34, same tit.


Of the canvass and estimate of the votes by the board of

inspectors. Order of canvassing, except in New York. See section 285, post.

SEC. 279. Immediately after the final closing of the poll, Order of at all general elections hereafter to be held in this State, ing, except in the several election districts, except in the city of New York." See York, the ballot-boxes used at such elections shall be post. opened and the votes therein canvassed in the manner now provided by law, but as nearly as may be in the following order:


(1.) The box containing the bullots indorsed Electors.Electors.


(2.) The box containing the ballots indorsed State." State.


(3.) The box containing the ballots indorsed Con-Congress. gress.''


(4.) The box containing the ballots indorsed " Senate.Senate.

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