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Henry Edward Mills to Henry Edward Pelbam Sutton. October 30, 1863.
Thomas Shephard Christy to Thomas Christy Shephard. December 26, 1863,
STATE OF NEW YORK,
PASSED AT THE
87TH SESSION, 1864.
providing for the vote of electors in the military service
Passed February 13, 1864; three-fifths being present. WHEREAS, the following amendment to the constitution of this state was agreed to by a majority of all the members elected to each branch of the legislature for the year one thousand eight hundred and sixty-three, and the said amendment was duly entered on the journals of each branch of the legislature, with the yeas and pays taken thereon, and referred to the legislature to be chosen at the next general election of the senators, and was duly published for three months previous to the time of making such choice in pursuance of the thirteenth article of the constitution of this state; and, whereas, the said amendment was also agreed to by a majority of all the members elected to each of the said branches of the legislature for the year one thousand eight hundred and sixty-four, pursuant to the said thirteenth article; which said amendment is in the words following, to wit:
“Section one of article two is hereby amended by adding Amend, at the end thereof the following words : Provided, that in constitutime of war, no elector in the actual military service of the United States, in the army or navy thereof, shall be deprived of his vote by reason of his absence from the state, and the legislature shall have power to provide the manner in which, and the time and place at which, such absent electors may vote, and for the canvass and returns of their votes in the election districts in which they respectively reside or otherwise.” Now, therefore, for the purpose of submitting the said proposed amendment to the people of this state,
Places of holding election.
The People of the State of New York, represented in Senate
and Assembly, do enact as follows: Time of S 1. An election shall be held in this state, on the second election. Tuesday of March next, for the purposes hereinafter men
S 2. Said election shall be held at the places at which the last general election was held. In case for any reason the same cannot be had at any of said places, the inspectors of election for such election district or a majority of them, shall, at the hour for opening said election, meet at said places, or as near thereto as may be, and publicly adjourn said election to some near, convenient place and hold the same
at such adjourned place. Secretary of S3. Within ten days after the passage of this act the secnich notices retary of state shall cause notice of said election, specifying
the time thereof, and stating generally the object of the same to be printed, and ten copies of said notices to be transmitted to the sheriff of each county in this state, and it shall be the duty of the sheriff of every such county, or of the officer acting for the time being as sheriff, forthwith to cause one or more of said notices to be published at least once a week until the said election, in some newspaper or newspapers published in said, county. The number of newspapers in which such notices shall be published shall not be more than six in the county of New York, nor more than three in any other county in the state. In case there shall be any county in which a public newspaper shall not be printed, the sheriff of such county shall cause six of said notices to be posted in conspicuous and public places in different parts of such county.
$ 4. The inspectors of election in the different election districts in this state, shall provide at each poll on said election day, one box in the visual form for the reception of ballots, and each and every elector of this state may present a ballot wbich shall be a paper ticket, on which shall be printed or written, or partly written and partly printed, one of the following forms, namely : “ For the proposed amendment allowing absent electors in the military service of the United States to vote," or "Against the proposed amendment allowing absent electors in the military service of the United States to vote.” The said ballots shall be indorsed “proposed amendment in relation to absent electors,” and so folded as to conceal the contents of the ballot and exhibit the indorsement.
$ 5. The polls of said election, in the several cities of this tha pulls in state, and county of Westchester, shall be opened at sunrise,
and in the several towns in all the other counties at any time between sunrise and nine o'clock in the morning, and shall be kept open until the setting of the sun, and no adjournment or intermission whatever shall take place until the same be closed.
Dutios of inspectors of election.
Opening an closing of cities and county of Westchester.
$ 6. The said election shall be conducted in the manner Provisions prescribed by law for general elections, and all the provisions general of law applicable to such general elections, and especially the made appuprovisions of title fourth of chapter sixth, of part first of the Revised Statutes, so far as the same are applicable to said elections, and not inconsistent with anything herein contained, are hereby extended to said elections. The registry books and poll lists used at the last general election shall be used at said election, and all electors whose names are not therein registered or recorded, as having voted, shall be required to make proof of their right to vote to the inspectors of election, as now required by law. And all electors of this state, who would be entitled on the day of said election to vote for members of the legislature in the election district in which he shall offer his vote, shall be allowed to vote on the adoption of said proposed amendment.
S 7. After finally closing the poll of such election, the Duties of inspectors thereof shall immediately, and without adjourn- of election ment, proceed to count and canvass the ballots given in rela- the poll. tion to the said proposed amendment, in the same manner as they are required by law to canvass the ballots given for governor, and thereupon sball set down, in writing and in words at full length, the whole number of votes given “For the proposed amendment, in relation to securing the votes of absent electors in the military service of the United States,” and the whole number of votes given “ Against the proposed amendment, in relation to securing the votes of absent electors in the military service of the United States," and certify and subscribe the same, and cause the copies thereof to be made, certified and delivered, as prescribed by law in respect to the canvass of votes given at an election for governor.
$ 8. The votes so given shall be canvassed by the board of The votes county canvassers, and statements thereof shall be made, vassed by certified, signed and recorded in the manner now required by law in respect to canvassing the votes given at an election for governor, and certified copies of the said statement, and certificates of the county canvassers shall be made, certified and transmitted to the county clerks respectively, in the manner provided by law in cases of election for governor. Said county canvassers shall meet for the purpose of canvassing said votes, as aforesaid, on the Monday next succeeding the said special election. The said certified copies, transmit-Duty of ted by the said county clerks, shall be canvassed by the board vassers. of state canvassers in like manner as provided by law in respect to the election of governor, and they shall, in like manner, make and file a certificate of the result of such canTass, which shall be entered of record by the secretary of state, and shall be published by him in the state paper. The said board of state canvassers shall meet for the purpose aforesaid at the office of the secretary of state, upon the
notification of the secretary of state, within fifteen days after the said election, and as much earlier as he shall direct, if the certified statement shall be sooner received from each county in this state. And the secretary of state shall, upon the conclusion of such final canvass, or as soon thereafter as practicable, notify each branch of the legislature, in writing, under his seal of office, the result of such election.
$ 9. This act shall take effect immediately, and the secretary of state shall, with all convenient dispatch, cause such number of copies of the same to be printed as shall be sufficient to supply the different officers of this state concerned in notifying or holding elections, or canvassing the votes; and sball transmit the same to such officers, with such powers and instruction as shall be necessary.
When terms of office to expire.
PASSED March 5, 1864. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
$ 1. The term of office of every notary public in this state whose commission is dated two years or more prior to the passage of this act, shall end at the expiration of twenty days from the passage hereof, and the official powers and authority of every such notary public shall thereupon absolutely cease and terminate.
S 2. The term of office of every notary public in this state whose commission is dated within two years prior to the passage of this act, and of every notary public who shall hereafter be appointed, shall expire, and his official powers and authority shall absolutely cease and terminate at the expiration of two years from his appointment.
S 3. The governor of this state is hereby authorized to to appoint appoint an additional number of notaries public to those now
provided by law, in each county in this state, except in the cities of New York, Brooklyn and Buffalo, equal to the number of banks located therein, on the application of each bank.
Ante, vol. 1, p. 88. $ 4. This act shall take effect immediately.