$44. If either of the persons so chosen at such election, shall ART 1. have been elected to supply a vacancy in the office of representative Ib. in congress, it shall be mentioned by the secretary in the statements and certificates to be prepared by him. justices, &c. $45. The secretary of state shall enter in a book to be kept in his Names of office, the names of all justices of the peace elected in this state, arranging them in alphabetical order in their respective counties. He shall also enter in a book to be kept in his office, the names of all the sheriffs, coroners and clerks, elected in this state, with the respective counties for which they are elected. 39 TITLE VI. OF THE ELECTION OF REPRESENTATIVES IN CONGRESS, ELECTORS ART. 1. Of the election of representatives in congress. ART. 2. Of the election of electors of president and vice-president. ART. 3. Of the formation and proceedings of the college of electors. ARTICLE FIRST. Of the Election of Representatives in Congress. SEC. 1. Representatives to be chosen by districts in every second year. 2. Representative resigning to notify secretary of state; if he die, clerk of county to give notice. sen. $1. Representatives in the house of representatives of the con- When chogress of the United States, shall be chosen in the several congress districts, at the general elections held therein, in every second year, after the year one thousand eight hundred and twenty-six. 40 $ 2. If a representative in congress shall resign, he shall forthwith Resignation. transmit a notice of his resignation to the secretary of state; and if a vacancy shall occur by death in the office of representative in con- Deash. gress, the clerk of the county in which such representative shall have resided at the time of his election, shall without delay, transmit a notice of such vacancy to the secretary of state.40 ARTICLE SECOND. Of the Election of Electors of President and Vice-President. SEC. 3. At election preceding choice of president, electors shall be chosen. 4. How election conducted and result ascertained when district consists of one county only. 5. Where district includes more than one county, clerks of the counties to be can vassers. 6. When and where to meet. 7. Their duty. (39) This Article was chiefly compiled from § 11, 13 & 18, of the aet of 1822. (40) Laws of 1822, p. 278, § 17. TITLE 6 When cho sen. How. District can vassers. Their meet ing. Their proceedings. Ib. Ib. ib. SEC. 8. To transmit statement of votes to secretary of state, and to file copy in clerk's office. 9. Copy of statement to be printed. 10. Copies to be delivered to persons elected. $3. At the general election next preceding the choice of a president and vice-president of the United States, there shall be elected in each congressional district in this state, as many electors of president and vice-president, as such district may be authorised to elect members to the house of representatives in the congress of the United States. $ 4. The election of such electors shall be conducted, and where the congress district shall consist of only one county, the result thereof shall be ascertained, determined, and certified in the manner herein before provided. $5. Where the congress district shall include more than one county, the clerks of the several counties composing it, shall form the board of district canvassers. $6. They shall meet on the Tuesday next after the day on which the county canvasses shall have been made, at the clerk's office of the county in said district, having the greatest number of inhabitants, according to the last preceding census; except that the clerk's office in the county of Allegany shall be the place of the meeting for the twenty-eighth congress district. $7. They shall mutually administer to each other the constitutional oath; and upon the statements of the votes of each county for the office of elector of president and vice-president, being produced, they shall proceed in like manner as the county board of canvassers, to estimate, state and certify the votes of the district; and to determine and certify what person or persons have been elected to such office for that district. $8. They shall make a statement of the votes given, and shall transmit a certified copy thereof, and of their determination thereon, by mail, to the secretary of state, and file another copy in the clerk's office of the county, in which their meeting shall be held. $9. A certified copy of each statement, and of the determination of the district canvassers thereon, shall be printed in one or more of the newspapers printed in each county of the district. $10. The district canvassers shall prepare as many certified copies of each certificate of determination, as there shall be persons stated therein to have been elected, and shall, without delay, cause one of said certified copies to be delivered to each person so elected.11 (41) This Article was compiled from the act of 1825 (Laws of 1825, p. 58, § 1.) ARTICLE THIRD. Of the Formation and Proceedings of the College of Electors. SEC, 11, 12, & 13. Electors when and where to convene ; College how to be filled and or ganized. ART. 3 duty. $11. The electors of president and vice-president shall convene Meeting and at the Capitol, on the day preceding the first Wednesday in December after their election, and those of them who shall be so assembled at four o'clock in the afternoon of that day, shall immediately after that hour, proceed to fill by ballot and by plurality of votes, all yacancies in the electoral college, occasioned by the death, refusal to serve, or neglect to attend at that hour, of any elector, or occasioned by the omission of any district to make a choice. 42 $12. The electors so attending, and those appointed to fill vacan- rь. cies, shall then proceed in like manner to choose two electors, corresponding with the number of senators in congress from this state, which two last mentioned electors shall form a part of the electoral college.42 $ 13. The electoral college being thus completed, they shall then г. choose a president and secretary from their own body. tors. $ 14. The secretary of state shall prepare three lists of the names List of aloe of the electors; procure to the same the signature of the governor; affix thereto the seal of the state; and deliver them thus signed and sealed to the president of the college of electors, on or before the said first Wednesday in December.43 how to vote. $15. On the said first Wednesday in December, the electors shall When and meet at the Capitol, and then and there vote by ballot for president and vice-president, one of whom at least may not be an inhabitant of the same state with themselves. They must name in their ballots the person voted for as president, and in distinct ballots, the person voted for as vice-president.43 5 16. They must make distinct lists of all persons voted for as pre- List of votessident, and of all persons voted for as vice-president, and of the number of votes for each, which lists they must sign and certify, and after annexing thereto one of the lists received from the secretary of state, they must seal up the same, certifying thereon that lists of the votes of this state for president and vice-president, are contained therein.43 $17. The electors must then, by writing under their hands, or un- Messenger. der the hands of a majority of them, appoint a person to take charge of the lists, so sealed up, and to deliver the same to the president of (42) Laws of 1825, p. 53, § 4. (43) 12th amendt. to cons. U. S.; act of Congress of the 1st of March, 1792. TITLE & the senate, at the seat of government of the United States, before the first Wednesday in January then next ensuing.44 His duty. Other lists. Compensa tion of elec. tors. When cho Ben. Vacancy. How chosen. $ 18. In case there shall be no president of the senate at the seat of government on the arrival of the person entrusted with the lists of the votes of the electors, then such person is required to deliver the lists of votes in his custody into the office of the secretary of state of the United States.44 $ 19. The electors are also required to forward forthwith, by the post-office, to the president of the senate of the United States, at the scat of government, and to deliver forthwith to the judge of the United States for the northern district of the state of New-York, similar lists, signed, annexed, sealed up, and certified in the manner aforesaid."4 $ 20. Every elector of this state for the election of a president and vice-president of the United States, who shall attend at any election of those officers, and give his vote at the time and place appointed by law, shall be entitled to receive for his attendance at such election, and for travelling to and from his place of residence by the most usual route, the same sum as shall at the time be allowed by law to the members of the legislature for their attendance and travel, to be paid in the like manner, 45 ARTICLE FOURTH. Of the Election of Senators in Congress. SEC. 21. Senators to be chosen by legislature, and when. 22. Vacancies to be filled within ten days after notice thereof. $21. On the first Tuesday of February next before the expiration of the time for which any senator was elected to represent this state in congress, if the legislature shall be then in session, and if not, then within ten days after a quorum of both houses shall be assembled at the then next meeting of the legislature, an election shall be held for a senator in congress, at the place where the legislature shall be ther sitting, in the room of such senator so going out of office. S22. Whenever the seat of any such senator shall become vacan before the expiration of the time for which he was elected, anothe senator shall be elected in his room, within ten days after the legis ture shall have notice of such vacancy, at the place where it shall then sitting. $ 23. Such election shall be made by the legislature in the follo ing manner the senate and assembly shall each openly nominate o person for the office of senator in congress; after which they sh immediately meet, and if they shall agree in their nominations, i person so nominated shall be appointed to the office for which he sh (44) 12th amendt. to cons. U. S.; act of congress of the 1st of March, 1792. L. 2-17, § 4; act concerning the Revised Statutes, passed Dec. 10, 1829, § 19. (45) 2 be nominated; if they shall disagree, the election shall be made by TITLE 7. the joint ballot of the senators and members of assembly. election. $ 24. Whenever any senator shall be chosen as aforesaid, copies Evidence of of the resolutions of the senate and assembly, testifying such choice signed by the president of the senate and speaker of the assembly, shall be thereupon delivered to the person so chosen a senator, as evidence of such election.46 TITLE VII. PENALTIES FOR VIOLATING THE PROVISIONS OF THIS CHAPTER, SEC. 1. Elector swearing false deemed guilty of perjury. 2. Persons procuring others to swear false, deemed guilty of subornation of perjury. 5. Penalty for calling out militia within certain days. ing. § 1. If any elector challenged as unqualified, shall be guily of wil- False swearful and corrupt false swearing or affirming, in taking any oath or af firmation prescribed by this Chapter, such person shall be adjudged guilty of wilful and corrupt perjury.47 $2. Every person who shall wilfully and corruptly procure any Procuring it person to swear or affirm falsely as aforesaid, shall be adjudged guilty of subornation of perjury; and shall upon conviction thereof, suffer the punishment directed by law in cases of wilful and corrupt perjury.47 $3. If any officer on whom any duty is enjoined in this Chapter, Negleet of shall be guilty of any wilful neglect of such duty, or of any corrupt conduct in the execution of the same, and be thereof convicted, he shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment; the fine in no case to exceed the sum of five hundred dollars, nor the imprisonment the term of one year, 48 duty. S4. If any person shall, by bribery, menace, or other corrupt Bribery, & means or device whatsoever, either directly or indirectly, attempt to influence any elector of this state in giving his vote or ballot, or to deter him from giving the same, or disturb or hinder him in the free exercise of the right of suffrage, at any election within this state held pursuant to this Chapter, and shall thereof be convicted, such person so offending and convicted, shall be adjudged guilty of a misdemeanor, and be fined or imprisoned according to the discretion of the court before which such conviction shall be had; such fine in no case to exceed five hundred dollars, nor such imprisonment one year.49 militia. $ 5. If any officer or other person, shall call out or order any of Calling out the militia of this state, to appear or exercise on any day during any election to be held by virtue of this Chapter, or within five days pre (46) As to this Article, see cons. U. S. art. 1, § 4; 1R. L. 142. (47) Laws of 1822, p. 273, 48. (45) Ib. p. 279, § 19. (49) Ib. § 20; 1 K. L. 48, § 9. |