Felony. By the laws of this State, those offenses only are deemed infamous crimes and felonies for which the offender, on conviction, shall be liable to be punished by death, or by imprisonment in a State prison. [2 R. S., 789, 3d ed.] Pardon and Restoration. The Governor of the State has the exclusive power of pardoning criminals convicted in the courts of this State. The pardons granted by him do not generally contain a restoration to the rights of citizenship. This is usually withheld until the Governor is satisfied by proper representations that the person pardoned has, by a continued course of good behavior, given evidence of permanent reformation; where- ' upon he issues a separate document called a restoration to citizenship. Persons having served their full term of imprisonment, without being pardoned, must obtain restoration to entitle them to vote. Deserters. The act of Congress passed March 3, 1865, and the proclamation of the President of the United States issued in pursuance thereof, prescribing as a punishment for desertion from the military or naval service, or for absence with intent to avoid a military draft, a forfeiture of the right of the elective franchise, has been declared to be inconsistent with a just interpretation of both the Constitution of the United States and the Constitution of the State of New York. The Constitution and Laws of this State prescribes the qualifications of electors who shall be entitled to vote "for all officers that now or hereafter may be elected by the people," and "no member of this State shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof unless by the law of the land or the judgment of his peers." The act of Congress was deemed a military necessity at that time, and was passed when excitement was high. With the close of the war and the return of cool judgment and calm reason, an execution of its arbitrary and sum mary punishment without any of the forms of law, was delared to be unconstitutional and invalid by the Court of Appeals in the case of Green v. Shumway, 39 N. Y. Reports, page 418. And no longer can an elector be challenged or deprived of the privilege of voting by reason of any of the provisions of said act of Congress. Residence. The limited space which can be afforded in these instructions to the subject of residence, as qualification for voting, necessarily excludes the volume which might be written upon it, and only the most general definitions and remarks can be indulged in. The word residence, then, in this connection, may be said to have the same meaning as is usually attached to the word home, or to the expression, "the place in which one usually has his home." To reside in a place, whether State, county, town or district, so as to entitle a person to vote therein, is to have his home usually and at the time of election in such place. The time during which he must have so resided in State, county and district, respectively, has already been stated under the head "Qualifications of Voters." The Constitution provides that "for the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States; nor while engaged in the navigation of the waters of this State, or of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any alms-house or other asylum, at public expense; nor while confined in any public prison." [Page 6.] In other words, all such persons, possessing the other qualifications of a voter, are entitled to vote at the place of their last residence, if such residence were commenced in time to include the term of residence required by law; and they may not vote at any other place within this State. Many persons who have all the other qualifications for voting may be deficient in that of residence, having in fact no residence, no home. This may be their own fault or perhaps only their misfortune; and yet it is sometime, without reflection, regarded as a hardship or a wrong that such persons should be excluded from the privilege of voting, while the rule is fully acquiesced in, which excludes those who have a residence, but happen to be absent from it at the time of election. If an elector change his residence from one Assembly district to another, in the same county, within thirty days previous to an election, he thereby loses the right of voting for Member of Assembly at such election. If he remove within such thirty days from one town to another in the same county, or from one ward or city district to another in the same city, he in like manner loses his right of voting for town, ward or district officers, as the case may be. In the county of New York and in Kings, county a like removal from one Congressional, or Senatorial district to another, disqualifies for voting for Representative in Congress, or Senator, as the case may be. Let it also be borne in mind that no person can (as is sometimes erroneously believed), vote for Governor or any other officer, except in the county and election district of his actual residence. MANNER OF VOTING. The electors are to vote by ballot, "and each person offering to vote must deliver his ballot, so folded as to conceal the contents, to one of the Inspectors, in the presence of the Board." [Page 21, § 7.] THE BALLOT. [Page 21, § 8, &c.] 1. The ballot must be a paper ticket. 2. It must contain the names of the persons for whom the elector intends to vote. 3. The names must be written or printed, or partly written and partly printed (in full, and not with initials or abbreviations, although well-known and established abbreviations may be allowed). 4. It must correctly designate the office to which each person named therein is intended to be chosen. 5. It must not contain more names designated for any office than there are persons then to be elected to such office. 6. It must be indorsed either with the word "Electors," "State," "Congress," "Senate, ", "Assembly," "Judiciary," "School Commissioner," as the kind of ballot, as hereinafter specified, may require. • DIFFERENT KINDS OF BALLOTS. The Electoral Ballot. The ballot indorsed "Electors" contains only the names of the persons intended to be voted for as Electors of President and Vice-President, with the designation of their office. [Page 22, § 10.] The State Ballot. The ballot required be indorsed "State" must contain the names of all the persons intended to be voted for, for all or any of the following offices, to wit: Governor, LieutenantGovernor, Secretary of State, Comptroller, Treasurer, Attorney-General, State Engineer and Surveyor, Canal Commissioner, Inspector of State Prisons, Sheriff, County Clerk, County Treasurer, District Attorney, Coroner, Superintendent of the Poor and Justice of Sessions. [Page 21, § 9.] The Congress Bellot Is used as a separate ballot. On it is to be placed the name of the candidate for the office of Representative in Congress, and must be indorsed "Congress." [Page 22, § 9.] "If at a general election for Representative in Congress any person named in a Congress ballot shall be intended to supply a vacancy in the office of such Representative, the ballot shall designate the Congress (by its number or otherwise), for which each person is intended to be chosen.' Thus: WILLIAM A. SACKETT (for 34th Congress). The Senatorial Ballot Is used as a separate ballot and contains the names of the persons voted for as Senator, and is to be indorsed "Senate." [Page 22, § 9.] The Assembly Ballot Used in all counties, contains the name of the person intended to be chosen to that office, and must be indorsed "Assembly" [Page 22, § 9.] Contains the names of candidates for Chief Judge and Associate Judges of the Court of Appeals, Justices of the Supreme Court, County Judge, Surrogate, Special County Judge, Special Surrogate, and local officers to discharge the duties of County Judge and Surrogate, or such of them as are at the time to be elected, and is to be indorsed "Judiciary." [Page 21, § 9.] The Constitutional Ballot Is to be used when amendments to the constitution are to be voted upon and is to be indorsed "Constitution." The School Commissioner's Ballot Is to be used (with some exceptions), throughout the State; contains the name of a candidate for School Commissioner, and is to be indorsed "School Commissioner." [Page 68, §7.] If at a general election there be one or more vacancies to be supplied in the office of Canal Commissioner or Inspector of State Prisons, and at the same election one is to be elected to the same office for a full term, the term for which the person voted for is intended, must be designated on the ballot, thus: For Canal Commissioners. The City Ballot At the time of general elections in Brooklyn, contains the names of candidates for city offices. In Utica, and other cities, where Recorders are chosen at such election, it contains only the names of persons for the office of Recorder. [Page 81.] In Buffalo, Judges of the Superior Court, are elected at the general election. 8 |