of President and Vice-President." (As amended by § 3 of same chapter, and by § 2, article 6 State Constitution.

General

§ 2. The Register and Clerk of the city and county Gene of New York shall also be chosen at a general election.

clections

§ 3. Special elections are such as are held only in Special a particular district or county, at a time when no general election is held, for the choice of one or more of the officers proper to be chosen at a general election.

§ 4. General elections shall be held on the Tuesday When held succeeding the first Monday of November, in every year; special elections at the time and places of which legal notice shall have been given; but no special election shall be held within forty days previously to a general election.

§ 5. General and special elections shall be held for Duration. one day only.

§ 6. Special elections shall be held in the follow- Special ing cases:

1. When an officer other than a Governor, Lieutenant-Governor and Elector of President and VicePresident, proper to be chosen at a general election, shall not have been chosen by reason of two or more candidates having received an equal number of votes for the same office;

2. When the right of office of a person elected to the office of a Representative in Congress, Senator, Member of the Assembly, Sheriff, or Clerk of any county, or Sheriff, Clerk, or Register of the city and county of New York, shall cease before the commencement of the term of service for which such officer shall have been elected;

1

elections,

3. When a vacancy occurs in the office of any Vacancies Senator or Member of Assembly, after the last day of December in any year, and before the first day of

Ibid.

Vacancies.

Ibid.

Ibid.

March following. (As amended by § 4 of same chapter.)

4. When, in case of an extra session of the legislature, a vacancy in the office of a Member of the Assembly or Senator shall occur between the first day of April and ten days before the time appointed for such extra session. (As amended by § 5 of same chapter.)

§ 7. When a special election shall not have taken place, as required by law, the vacancy which ought to have been supplied by such election shall be supplied at the next general election.

§ 8. All vacancies in any of the offices named in the first and second sections of this title, except Governor, Lieutenant-Governor, Electors of President and VicePresident, Senators and Members of Assembly, shall be supplied at the general election next succeeding the happening thereof. (As amended by § 6 of same chapter.)

§ 9. If a vacancy proper to be supplied at a general election, shall not have been supplied at a general election next succeeding the happening thereof, a special election to supply such vacancy shall then be held.

§ 10. Special elections in the first case provided for Special elec-in the sixth section of this title, shall be ordered by

tions, how ordered.

Proclamation.

the board of canvassers having the power to determine on the election of the officer omitted to be chosen; and in all other cases such election shall be ordered by the Governor, who shall issue his proclamation therefor.

§ 11. Such proclamation shall specify the county or district in which such special election is to be held; the cause of such election; the name of the officer in whose office the vacancy has occurred; the time when his term of office will expire; and the day on which such election is to be held, which shall not be less than twenty nor more than forty days from the date of the proclamation.

§ 12. The elections in the several cities and towns Elections,

how held.

shall be by election districts.

TITLE III.

Of the mode of notifying general and special

elections.

ART. 1.-Of the notice to be given by the Secretary of State.
ART. 2.-Of the notices to be given by the county and State canvassers.
ART. 3.-Of the notices to be given to town officers; the formation of
election districts, and the appointment of inspectors of elec-
tion thereof.

ARTICLE FIRST.

Of the notices to be given by the Secretary of State.

and Lieut. Governor,

SECTION 1. The Secretary of State shall once in Governor every two years, between the first day of July and election of. the first day of September, immediately preceding the expiration of the term of office of the Governor and Lieutenant-Governor last chosen, direct and cause to be delivered to the Sheriff, Clerk, or County Judge of each county, a notice in writing, that at the next general election, a Governor and LieutenantGovernor are to be elected.

and county

§ 2. The Secretary of State shall, between the first Senators days of July and September in each year, direct and officers. cause to be delivered to the Sheriff or Clerk or County Judge of each county, a notice in writing, specifying all the officers (county officers excepted) specified in the first section of title second of this act, whose term of service shall expire on the last day of December thereafter, and a like notice specifying the several officers to be chosen in such county at the next general election. (As amended by § 7 of same chapter.)

§ 3. If any vacancy shall exist in a county, proper Vacancies. to be supplied at the ensuing general election, he shall in like manner, between the first day of July and the fifteenth day of October previous to such elec

Special elections.

Publications.

tion, direct and cause to be delivered to the Sheriff, Clerk or County Judge of such county, a notice in writing, specifying the cause of such vacancy; the name of the officer in whose office it has occurred, and the time when his term of office will expire; and if any such vacancy shall exist in a district, he shall in like manner direct and cause to be delivered to the Sheriff, Clerk or County Judge of each county therein, the like notice.

§4. When a special election shall have been ordered by the Governor in a county, the Secretary of State shall forthwith cause a copy of the Governor's proclamation to be delivered to the Sheriff, Clerk or County Judge of such county; and when ordered in a district, to the Sheriff, Clerk or County judge of each county therein.

§5. The Secretary of State shall cause a copy of each notice issued by him, and of such proclamation of the Governor, to be published in the State paper, once in each week, from the date of such notice or proclamation, until the election to which it shall refer.

Notices, when and show given.

ARTICLE SECOND.

Of the notices to be given by the county and State
Canvassers.

§6. When a special election shall be necessary, in the case of an equality of votes, provided for in the second title of this chapter, the Board of Canvassers having power to determine on the election of the officer omitted to be chosen, shall, without delay, direct and cause to be delivered to the Sheriff, Clerk, or County Judge of each county in the district, or of the county in which such election is to be held, a notice specifying the officer to be chosen; the time for which he is to be chosen, and the day on which such election is to be held; which day shall not be less that twenty nor more than forty days from the date of such notice.

§ 7. The notice of such an election, if ordered by How signed. the Board of State Canvassers, shall be signed by the Secretary of State, and if ordered by the county canvassers, by the chairman and clerk of the board.

ARTICLE THIRD.

Of elections in cities and towns; of the notices to be given to city and town officers; the formation of election districts, and the appointment of inspectors of election thereof.

districts in

§ 8. The several cities of this state shall be divided Election by the common council of the said cities respectively, cities. into convenient election districts for the holding of all general and special elections, and all elections of the officers of such cities who are elective by the people.

§ 9. Every ward in the city, containing not more Ward disthan five hundred voters, shall be an election district; every ward in a city containing more than five hundred voters and not more than eight hundred voters, may, on or before the first Monday of October next, or in any year thereafter, be divided by the common council of such city, if they shall deem expedient, into two districts, to contain, as near as may be, an equal number of voters; and every ward of a city containing more than eight hundred voters, shall, on or before the first Monday of October next, and as often annually thereafter as may be necessary or expedient, be divided by the common council of such city into two or more districts, in such manner as shall be entire within one ward, and shall contain, as near as may be, an equal number of voters; and no district shall contain more than eight hundred voters.*