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88 1, 2.

Submission of question.

L. 1913, ch. 819.

CONSTITUTIONAL CONVENTION.

L. 1913, ch. 819.-An act to provide for submitting to the people the question, “Shall

there be a convention to revise the constitution and amend the same?" and to provide for such convention, if a majority of the electors shall decide that such convention be held.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. A special election shall be held throughout the state on the first Tuesday in April, in the year nineteen hundred and fourteen, at which there shall be submitted to the electors of the state to be decided by them the question “Shall there be a convention to revise the constitution and amend the same?” Every person qualified at that time to vote for members of the legislature, may vote upon such question at the special election hereby appointed to be held. Such question shall be submitted in the manner provided by law for the submission of constitutional amendments. Such election shall be conducted by the same officers and in the same manner, and ballots, booths and election supplies furnished therefor, as a special election called by the governor, except as otherwise provided herein. The ballots shall be in the form prescribed by section three hundred and thirty-two of the election law and where voting machines are in use, by article eleven of such law. All provisions of the election law regulating the taking of a vote of the people upon a constitutional amendment or other question submitted at a special election shall apply to the election to be held under this section, excepting that the board of elections may destroy all ballots not void or protested cast at this election after sixty days, unless otherwise directed by a committee of the legislature, the district attorney of the county or a competent court of record. Inspectors of election of the various election districts shall meet in their respective districts at the place designated therefor, on the second Saturday preceding such election, from eight o'clock in the forenoon to ten o'clock in the evening, for the purpose of revising and correcting the register of voters in the manner provided by the election law for ascertaining electors qualified to vote at a special election. If a majority of the electors voting on such question are shown to have voted in the affirmative upon such question, as shall appear from the returns of county boards of canvassers to the state board of canvassers and by its canvass of such returns, such convention shall be held and shall be deemed duly called thereby, and delegates therefor shall be elected as provided in section two of article fourteen of the constitution.

§ 2. If, at the election held pursuant to the provisions of section one of this act, such question be decided in the affirmative, delegates to such convention to revise and amend the constitution shall be elected at the general election to be held on the first Tuesday after the first Monday of November, in the year nineteen hundred and fourteen. At such general

L. 1913, ch. 819.

Election of delegates; organization.

883-6.

election, three delegates shall be elected from each senate district of the state, as such districts were organized at the time of such special election, and fifteen delegates-at-large.

§ 3. Candidates for delegates from a senatorial district shall be nominated in the manner provided in the election law for the nomination of candidates for the office of state senator, and may be designated in the same manner as candidates for the office of state senator. Candidates for delegates-at-large may be nominated by independent certificates or by parties, in the manner provided in the election law for the nomination of candidates to be voted for by all the electors of the state. A separate and additional official ballot shall be provided for voting for delegates-at-large and district delegates, which shall be in the form provided by law for voting for presidential electors, so far as practicable. Any disqualification now imposed by law upon any person holding any other office is hereby removed, so far as the right to be a delegate to such convention is concerned.

$ 4. All laws, not inconsistent with this act, governing the election of public officers at general elections shall be applicable to the election of delegates to such constitutional convention. Where voting machines shall be used, the names of the fifteen delegates-at-large may be placed upon one ballot in each party column or row containing only the words “constitutional delegates-at-large," preceded by the party name and party emblem. A vote for such ballot shall operate as a vote for all of the candidates of such party for delegates-at-large and shall be counted as such. But suitable provision must also be made where voting machines are used, to enable the voter to cast his vote for any one or more of the fifteen delegates-atlarge for whom he desires to vote.

$ 5. In case of a vacancy by death, resignation or other cause, of any district delegate elected to the convention, such vacancy shall be filled by a vote of the remaining delegates representing the district in which such vacancy occurs. If such vacancy occurs in the office of a delegate-at-large, such vacancy shall be filled by a vote of the remaining delegates-at-large.

$ 6. It shall be the duty of the secretary of state to call the convention to order, and preside at all meetings thereof until a temporary chairman, president or other presiding officer, either temporary or permanent, shall have been elected by such convention and shall have taken his seat, but the secretary of state shall have no vote therein unless he be a duly elected delegate to such convention. All public officers, boards and commissions shall promptly furnish such convention or any committee thereof with all such information, papers, statements, books or other public documents in their possession as the convention or such committee shall order or require for use at any time during the session of the convention. It shall be the duty of the secretary of state, the attorney-general, and the comptroller, who shall be in office on the tenth day of January in the year nineteen hundred and fifteen, to cause to be prepared and ready for such conven

$$ 7,8.

Privileges of delegates.

L. 1913, ch. 819.

tion a suitable manual, two copies of which shall be furnished to each member and officer of the convention, and the expense of which shall be paid by the treasurer upon the warrant of the comptroller.

§ 7. Every delegate to the convention shall be privileged from arrest on civil process during his attendance at the session of the convention, except on process issued in any suit brought against him for any forfeiture, misdemeanor or breach of trust in an office or place of public trust held by him. Each delegate shall enjoy the like privilege for the space of fourteen days before and after any such session, and during adjournments thereof, or when absent with leave of the convention. No officer of the convention, while in actual attendance upon the same, shall be liable to arrest on civil process. For any speech or debate in the convention, the delegates shall not be questioned in any other place. The convention shall have the power to expel any of its members and to punish its members and officers for disorderly behavior, by imprisonment or otherwise, but no member shall be expelled until the report of a committee appointed to inquire into the facts alleged as the ground for such expulsion shall have been received by the convention. The convention shall have the power to punish as a contempt and by imprisonment or otherwise, a breach of its privileges or of the privileges of its members, but such powers shall not be exercised except against persons guilty of one or more of the following offenses :

1. The offense of arresting a member or officer of the convention in violation of his privilege from arrest, as hereinbefore declared.

2. The offense of disorderly conduct in the immediate view and presence of the convention and directly tending to interrupt and disturb its proceedings.

3. The offense of publishing any false and malicious report of the proceedings of the convention or of the conduct of an officer or delegate in his official capacity.

4. That of refusing to attend or be examined as a witness or to produce papers and documents called for by subpæna either before the convention or a committee thereof, or before any person authorized by the convention or by a committee thereof to take testimony in the proceedings of the convention.

5. That of giving or offering a bribe to any member or of attempting by menace or other corrupt means, or inducement or device, directly or indirectly, to control or influence a member in his vote or other official conduct in or in relation to the convention.

In any case in which the convention shall punish any person by imprisonment, such imprisonment shall not extend beyond the session of the convention.

$ 8. The secretary of state shall, as soon as practicable after this act takes effect, transmit a printed copy thereof to the board of elections of

L. 1913, ch. 820.

Primary elections.

88 2, 3.

each county of the state and to the board of elections of the city of New York.

§ 9. This act shall take effect immediately.

ELECTION LAW.

Note.—The following sections of the Election Law were amended by chapters 820, 821 and 822 of the laws of 1913, in effect December 18, 1913, enacted at the extraordinary session of the legislature held from December 8 to 12, irfclusive. The sections amended are here inserted in their order, with references to the pages of volume one of the Supplement of 1913, to the Annotated Consolidated Laws of New York.

§ 2. Application.—Except as otherwise herein provided, articles two, three, four and four-a of this chapter shall be controlling:

1. On the method of enrolling the voters of a party.
2. On the organization and conduct of party committees.

3. On the method of electing members of state and county committees, and delegates and alternates to national party conventions.

4. On the nomination by parties of all candidates for offices authorized to be filled at a general election, except town, village and school district officers. (Added by L. 1911, ch. 891 and amended by L. 1913, ch. 820, in effect December 17, 1913.)

[See Supplement, Vol. 1, p. 815.)

§ 3. Definitions.—The terms used in this chapter shall have the sig. nification herein defined unless other meaning is clearly apparent in language or context;

1. The term "general election" means the election held on the Tuesday next succeeding the first Monday in November.

2. The term “official primary” or “official primary election" means a primary election held by a party for the purpose of nominating candidates for office or electing persons to party positions and conducted by the public officers charged by law with the duty of conducting general elections. An "unofficial primary" or "unofficial primary election" means any other primary or primary election held by a party or independent body.

3. The term "primary day” means the day upon which an official primary election is held, as in this chapter provided.

4. The term "fall primary" means the official primary election held on the fifth Tuesday before the general election.

5. The term "spring primary" means the official primary election held on the first Tuesday in April in years when a president of the United States is to be elected.

6. The term “unit of representation” means any election district, town, ward of a city, assembly district, or any other political subdivision of the state, respectively, which is the unit from which members of any political

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committee or delegates to a party convention shall be elected as herein provided.

7. The term “custodian of primary records” means the officer or board whose duty it is by the provisions of this chapter to provide official ballots for general elections.

8. The term "party" means any political organization which at the last preceding election for governor polled at least ten thousand votes for governor.

9. The term “nomination” means the selection in accordance with the provisions of this chapter of a candidate for office authorized to be filled at a general election or at a special election held to fill a vacancy in such office.

10. The term "designation" means any method in accordance with the provisions of this chapter by which candidates for party nominations, or for election as party committeemen or delegates, may be named in order that they may be placed upon the official ballot for any official primary election.

11. The term “official primary ballot” means the ballot prepared, printed and supplied for use at an official primary election in accordance with the provisions of this chapter.

12. The term “party position" means membership in a party committee or the position of delegate or alternate to a national party convention.

13. The term “committee” means any committee chosen, in accordance with the provisions of this chapter, to represent the members of a party in any political subdivision of the state.

14. The term “independent body” means any organization or association of citizens which, by independent certificate, nominates candidates for office to be voted for at a general, special or village election, or town meeting, and which, if such independent body nominated a candidate for governor at the preceding general election of a governor, did not poll at least ten thousand votes for its candidate for such office.

15. The term “party nomination” means the selection by a party of a candidate for an office authorized to be filled at a general election, or at a special election held to fill a vacancy in such office, or at a town meeting.

16. The term “independent nomination” means the selection of a candidate by an independent body for an office authorized to be filled at a general election, or at a special election held to fill a vacancy in such office, or at a town meeting.

17. The term "party candidate" or "party nominee” means a person who is selected by a party to be its candidate for an office authorized to be filled at a general election, or at a special election held to fill a vacancy in such office, or at a town meeting.

18. The term "independent candidate" or "independent nominee"

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