the offices for which they are designated, have been received; and the result being found, the inspector shall securely attach to a statement of such canvass one ballot of each kind found to have been given for the officers to be chosen at such election, any or either of them, except those given for Electors of President and Vice-President; and they shall state in words at full length, immediately opposite such ballot, and written partly on such ballot and partly on the paper to which it shall be attached, the whole number of all the ballots that were received which correspond with the one so attached, so that one of each kind of the ballots received at such election for the officers then to be chosen, shall be attached to such paper, with a statement of such canvass. They shall also attach to such paper, the original ballots rejected by them as being defective, which were given at such election.

and state

votes for and Vice

§ 43. When Electors of President and Vice-Presi-Canvass dent shall be chosen at any election, the inspectors ment of shall make a separate canvass and statement of the President votes given for Electors, in the manner prescribed in the President. last preceding section, by ascertaining how many ballots of the same kind, corresponding in respect to the names thereon, have been received; and the result being found, the inspectors shall securely attach to paper one original ballot of each kind found to have been given for Electors, and shall state, in words at full length opposite such ballot, and written partly thereon, and partly on the paper to which it shall be attached, the whole number of ballots for Electors, that were found to have been received, corresponding with the one so attached. They shall also attach to such paper all original ballots for Electors, rejected by them as being defective.

§ 44. The statements to be made by the inspectors Form of shall contain a caption, stating the day on which, and the number of the district, the town or ward, and the

Copy to be filed.

be filed.

county at which the election was held, in relation to which such statement shall be made; it shall also contain a statement showing the whole number of ballots taken for each person, designating the office for which they are given, which statement shall be written in words at length; and at the end thereof, a certificate that such statement is correct in all respects; which certificate shall be subscribed by the inspectors.

§ 45. A true copy of the several statements made by the inspectors, shall be made and certified by them, and immediately filed by them, in the office of the clerk of the town or city.

Poll lists to § 46. The poll lists kept at such, election shall be filed by the inspectors, or one of them, in the office of the clerk of the town or city in which such election was held, and shall be there preserved.

Ballots to be destroyed.

§ 47. The remaining ballots, not so pasted or attached, shall be destroyed, and the board of inspectors shall be dissolved.

§ 48. The original statements, duly certified, shall to be deliv- be delivered by the inspectors, or by one of them to pervisors. be deputed for that purpose, to the Supervisor of the

TITLE V.

Of the final canvass, and the mode of declaring and
certifying the result.

ART. 1. Of the Board of County Canvassers, and their proceedings.
ART. 2.-Of the duties and proceedings of the County Clerk.

ART. 3.-Of the duties of the Secretary of State, previous to the meeting

of the State Canvassers.

ART. 4. Of the formation and proceedings of the Board of State Can

vassers.

ART. 5.-Of the subsequent duties of the Secretary of State.

ARTICLE FIRST.

Of the Board of County Canvassers and their proceedings.

composed.

SECTION 1. The Supervisors or Assessors, to whom Board, how the original statements of the canvass of votes in the towns or wards, to which they respectively belong, shall have been delivered, shall form the County Board of Canvassers.

when to

§ 2. They shall meet at the office of the County where and Clerk on the Tuesday next following the election, meet. before one o'clock in the afternoon of that day, in all the counties of this State, except the county of Hamilton, which shall meet on the first Friday next following said election and shall choose one of their number as chairman. (As amended by § 1 of chap. 331 of 1844.)

§ 3. The Clerk of the county, or in his absence his secretary. deputy, shall be secretary of the board.

§ 4. The chairman shall then administer the con-Oath. stitutional oath to each member of the board, and the same oath shall be administered to him by the secretary.

§5. The major part of the Supervisors or Assessors Quorum. to whom the original statements of the canvass in the several districts in their towns or wards shall

Estimate of votes to be made.

Separate statements

have been delivered, shall be a sufficient number to constitute a board.

§ 6. The original statements of the canvass in each district 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; such statements shall then be delivered to and deposited with the County Clerk.

§ 7. They shall make a separate statement conto be made. taining the whole number of votes given in such

Number of votes and

names

county for the office of Governor, Lieutenant-Governor, Chief and Associate Judges of the Court of Appeals, Justice of the Supreme Court, Secretary of State, Comptroller, Treasurer, Attorney-General, State Engineer and Surveyor, Canal Commissioner, Inspector of State Prisons, Senator in each district, and Representative in Congress in each district, or any or either of them; the names of the persons for whom such votes were given, and the number of votes given for each; another, of the votes given for all county officers, any or either of them; another, of the votes given for Member of Assembly, in each Assembly district; and another, of the votes given for electors of President and Vice-President; and another, of the votes given for any proposed amendment to the Constitution. (As amended by § 14 of chap. 240 of 1847, and by § 2, article 6, State Constitution.*)

§ 8. In such statements, the whole number of votes Written at given in each town and district, the names of the candidates, and the number of votes given to each, shall be written out in words at full length.

length.

§ 9. 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.

Assembly

officers.

§ 10. Upon the statement of votes given for Mem- Members of bers of Assembly and county officers, the board shall and county 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. The board shall cause a copy of every such Copy to he

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.

published.

in case Su

Assessors

tend at board.

§ 12. If any one of the Supervisors or Assessors Proceeding appointed to attend the county canvass shall be pervisors or unable to attend the meeting of the board on the cannot atday 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.

those who

§ 13. If, on that day, a majority of the county Duty of canvassers shall not attend, or the statements of the attend. votes from every district in the county shall not be produced, the canvassers then present shall adjourn to some convenient hour of the next day.

§ 14. At that hour they shall again meet, and the . canvassers then 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.

containing omissions.

returned to

§ 15. If, upon proceeding to canvass the votes, it Statements shall clearly appear to the canvassers that in any may be statement produced to them, certain matters are be corrected omitted in such statement, which should have been inserted, or that any mistakes which are clerical merely exist, they shall cause the said statement to be sent by one of their number (who they shall depute for that purpose), to the town or ward inspectors, and town or ward canvassers of the town or ward from whom they were received, to have the

3