TITLE 5. Quorum. votes $5. The major part of the inspectors appointed in the respective towns or wards to attend the canvass, shall be a sufficient number to constitute a board. Statement of $6. The original statements of the canvass in each town or ward shall then be produced, and from them, the board shall proceed to estimate the votes of the county, and shall make such statements thereof, as the nature of the election shall require. Ib. Ib. How certifi ed. Duty of board. Ib. Certificates. Publication. $7. They shall make a separate statement containing the whole number of votes given in such county for the office of governor, lieutenant-governor, senator, and representatives in congress, any or either of them; the names of the persons to whom such votes were given, and the number of votes given to each: another similar statement of the votes for electors of president and vice-president; another, of the votes for members of assembly and county officers, any or either of them; and for each town of the county in which justices of the peace shall have been voted for, a separate and similar statement of such votes in the town, designating it by its name, shall be made. $8. In such statements, the whole number of votes given, the names of the candidates, and the number of votes given to each, shall be written out in words at full length. S9. Each statement shall be certified as correct, and attested by the signatures of the chairman and secretary of the board; and a copy of each, thus certified and attested, shall be delivered to the county clerk, to be recorded in his office. $10. Upon the statements of votes given for members of assembly and county officers, and justices of the peace, the board shall proceed to determine what person or persons have, by the greatest number of votes, been duly elected to each of the offices mentioned in each statement. $ 11. If the county in which such election shall have been held, be of itself a congress district, the board shall also determine, upon the statement of votes given for electors of president and vice-president, what person or persons, by the greatest number of votes, have been duly elected. $ 12. A certificate of each determination made by the board, shall be annexed to the statement upon which it shall be made, attested by the signatures of the chairman and secretary of the board, and delivered to the county clerk, to be recorded in his office. $ 13. The board shall cause a copy of every such determination, and of the statement upon which it shall be made, to be published in one or more of the newspapers printed in the county. ART. 2. Presidential $14. If votes shall have been received at such election for the of fice of elector of president and vice-president, and the county shall not be of itself a congress district, the board shall deliver to the county electors. clerk a second copy of the statement of such votes, to be presented by him to the board of district canvassers. can not at ty. $15. If any one of the inspectors appointed to attend the county If inspector canvass, shall be unable to attend the meeting of the board, on the tend, his du day appointed for such meeting, he shall on or before that day, cause to be delivered at the office of the county clerk, the original statement of the votes of his town or ward. who attend.. $ 16. If on that day a majority of the county canvassers shall not Duty of those attend, or the statements of the votes from every town and ward in the county, shall not be produced, the canvassers then present shall adjourn to some convenient hour of the next day. $ 17. At that hour they shall again meet, and the canvassers then Ib. attending, although less than a majority of the whole, shall organize themselves as a board, and upon the statements, or certified copies thereof, then produced, shall proceed to estimate, state and certify the votes of the county, in the manner before directed." ARTICLE SECOND. 32 Of the Duties and Proceedings of the County Clerk. SEC. 18. Clerk to deliver to county canvassers, statements of votes taken in each town. 19. If there be a deficiency in return of votes, clerk to despatch messengers. 20. Clerk to record all statements delivered by county canvassers. 21. Clerk to prepare three copies of statement of votes for governor, senators, &c. statements, $ 18. The county clerk shall deliver to the board of county can- To deliver vassers, all the certified statements of the votes taken in each town, &c. at the next preceding election, that shall have been received at his office. them. $ 19. If on the day appointed for the meeting of the board of coun- To procure ty canvassers, the board shall not have been organized, owing to a deficient return of the votes of the county; the county clerk shall, by a special messenger, or otherwise, obtain the necessary statements or certified copies thereof, in time to be produced to the board at their next meeting them. $ 20. The county clerk shall record in his office, all the statements To record and certificates, that shall have been delivered to him by the county board of canvassers, and shall keep a proper book for that purpose. $21. Of the statement and certificate of the votes for the office of To prepare governor, lieutenant-governor, senators and representatives in con (32) As to this Article see laws of 1822, p. 273, § 10, and laws of 1825, p. 53, § 3: copies. Ib. TITLE 5. Ib. Lists to sec. retary. To record statements. Special mes. sengers. Ib. gress, $22. Of these copies, he shall send by mail one to the governor, one to the comptroller, and one to the secretary of state, before the third Monday of November in each year after a general election, and within ten days after a special election. $23. He shall prepare as many certified copies of each certificate of the determination of the board of county canvassers, as there are persons declared to be elected in such certificate, and shall without delay, deliver one of such copies to each person so elected. S24. He shall transmit to the secretary of state, within thirty days after a general election, a list of the names of the persons elected in the county as members of assembly, and also a list of the names of the persons declared at such canvass to be elected sheriff, clerk, coroners, and justices of the peace in such county.33 ARTICLE THIRD. Of the Duties of the Secretary of State, previous to the Meeting of the State Canvassers. SEC. 25. Secretary to record statements of elections. 26. If statements be not received, secretary to despatch special messengers. 27. Clerk to deliver same to messenger. 23. Messenger to deliver same to secretary of state. 29. Secretary to appoint meeting of state canvassers. 30. If a majority of canvassers are unable to attend, secretary to notify mayor and recorder of Albany. $ 25. It shall be the duty of the secretary of state to record in his office, in a book to be kept by him for that purpose, each certified statement of the result of an election, received by him from a county clerk; and to obtain from the governor and comptroller, every such certified statement received by either of them, and to record one of those so obtained, for each county, from which no similar statement shall have been received by himself. 34 $ 26. If from any county from which such statement shall be due, none shall have been received or obtained by him, on or before the last day of November next after a general election, and within twenty days after a special election, he shall despatch a special messenger to obtain such statement from the clerk of such county.34 $27. Such clerk shall immediately, on the demand of such messenger, made at his office, make out and deliver to such messenger the statements required.34 (33) As to this Article, see laws of 1822, p. 274, § 10 & 11. (34) Laws of 1822, p. 275, $11. $28. The messenger shall deliver to the secretary of state, as soon as may be, all such statements as he shall receive, to be filed and recorded as aforesaid. 35 Ib. ART. 4. state canvas $29. The secretary of state shall appoint a meeting of the state To notify canvassers to be held at his office, or that of the treasurer or comp- sers. troller, on or before the fifteenth day of December after each general election, and within forty days after a special election. 36 $ 30. If a majority of those officers shall be unable or shall fail to Ib. ⚫ attend on the day appointed, he shall give notice to the mayor and recorder of the city of Albany, that their attendance is required.37 ARTICLE FOURTH. Of the Formation and Proceedings of the Board of State Can vassers. SEC. 31. Who to be state canvassers. 32. If a majority be absent, mayor and recorder of Albany to attend. 33. Duties of the board. 34. To determine who have been elected. 35. Certificate of determination. 36. Members dissenting to state their reasons therefor. 37. If acts of board are illegal, any member to protest. 38. Dissents or protests, to be delivered to secretary. composed. $31. The secretary of state, comptroller, surveyor-general, at- Board how torney-general and treasurer, shall be the state canvassers; three of whom shall be a sufficient number to form a board. $ 32. If a majority of those officers shall be unable or shall fail to attend, the mayor and recorder of the city of Albany being notified by the secretary of state, shall attend without delay, and with the officers attending, shall form the board. $33. The board when thus formed shall, upon the certified state- Their duty. ments of elections recorded in the office of the secretary, or received by him, proceed to make a statement of the whole number of votes given at such election for the office of governor and lieutenant-governor, or either of them; another statement of the votes given for the office of senator; and another, of the votes for representatives in congress: each of which statements shall show the names of the persons to whom such votes shall have been given for either of the said offices, and the whole number of votes given to each; distinguishing the several districts and counties in which they were given. They shall certify such statements to be correct, and subscribe the same with their proper names. $34. Upon such statements they shall then proceed to determine Ib. and declare what persons have been, by the greatest number of votes, duly elected to such offices, or either of them. (35) Laws of 1822, p. 275. § 11. (36) Ib. § 13. (37) Ib. § 14. Ib. TITLE 5. $35. They shall make and subscribe on the proper statement, a certificate of such determination, and shall deliver the same to the secretary of state. Dissents. Protests. Ib. Adjoara ments. To record proceedings of canvassers. To deliver certificates. Publication. Certificate of persons cho gress. $36. If any one of the canvassers shall dissent from a decision of the board, he shall state at large, in writing, the reasons of such dis sent. $37. If any of the acts or proceedings of the board shall appear to any one of the canvassers to be illegal or irregular, such canvasser shall protest against the same in writing, setting forth distinctly the grounds of his protest. $38. The canvasser so dissenting or protesting, shall deliver his dissent or protest, signed with his proper name, to the secretary of state. $39. The board shall have power to adjourn from day to day, for a term not exceeding five days. 38 ARTICLE FIFTH. Of the subsequent Duties of the Secretary of State. SEC. 40. To record certified statements, &c. of state canvassers. 41. To deliver copies of determination. 42. To cause copy to be printed. 43. To transmit a general certificate to the house of representatives. 44. Persons elected to supply vacancies, to be mentioned in certificates. $40. He shall record in his office, in a book to be kept by him for that purpose, each certified statement and determination, which shall be delivered to him by the board of state canvassers, and every dissent or protest that shall have been delivered to him by a can vasser. S41. He shall, without delay, deliver a copy, under the seal of his office, of such certified determination to each person thereby declared to be elected, and a like copy to the governor. $ 42. He shall cause a copy of such certified statements and determinations to be printed in the state paper, and in one or more of the public newspapers, in each senate district for which a senator shall have been chosen. $ 43. He shall prepare a general certificate under the seal of this sen to con- state, and attested by him as secretary thereof, addressed to the house of representatives of the United States, in that congress for which any persons shall have been chosen, of the due election of the persons so chosen at each election, as representatives of this state in congress; and shall transmit the same to the said house of representatives, at their first meeting. (38) As to this Article, see laws of 1822, p. 276, § 13 & 14. |