The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-11-12
How the Official Result is Ascer-
tanned.

The general election law of New York
State passed by the Legislature in 1872,
and still in force, requires the county
board of canvassers in each county TO
meet at the office of the county clerk on
the Tuesday next following the cleo
ton.
The county board is composed of the
supervisors of towns or wards. In
New York City the Board Of Aldermen
forms the Board of County Canvassers.
A majority constitutes a quorum. The
county clerk acts as secretary, and after
the constitutional oath has been admin
istered the original statements of the
canvass in each district are produced,
and from them the board proceeds to
ascertain the votes of the county. The
board makes a separate statement of the
votes for electors of President and Vice
President, and this statement contains Il e
whole number of votes given in each
town and district, the names of the can
didates and the number of votes given
to each. This statement is certified as
correct by the chairman and secretary
of the ward. One copy is recorded by
the county clerk and a duly certified
copy is transmitted by special messenger
to the Secretary of State at Albany.
If any merely clerical mistake be ap-
parent in any statement of the inspec-
tors produced before the Board of Coun-
ty Canyassers, the latter have the power
to return the statement for correction to
the town or ward inspectors and canvas
sers, Who shall assemble forthwith and
make such correction as the facts of the
case require.
The Secretary Of State files certified
statements of the Board of County
Canvassers and calls a meeting Of the
Board of State Canvassers. This board
is composed of the Secretary of Srate,
the Comptroller, the State Engineer, the
Acknowledgement and the Treasurer, and
it is required to meet on the Wednesday
next after the third Monday of Novem-
Der, which would fall this year on the
10Th or sooner.
This State Board, taking the certified
copies of the statements of the county
canvassers, proceeds to canvass the votes
given for electors of President and Vice
President. 1t then makes a statement
of all the votes and determines and
certifies the persons elected. The
Secretary of State must, without delay,
cause a CO. Y Of the certified determine
ton of the Board of State Canvassers to
be delivered to each of the persons there
in declared to be elected.
But while the County Board can only
compel inspectors to correct errors mere.
ly clerical, an act eff the Legislature
expressly confers upon the Supreme
Court. whenever it shall appear by
affidavit that errors have occurred in
the determination in the Board of Coun'
| ty Canvassers the power t. require the
board to correct such errors, and if the
board has dissolved it can be forced &
convene anew.
The corrected statement made undeI
the order of the court stands in lieu Of
the original statement, and must b.
treated in all places as of the same effect
1t follows therefore, that while the STATE
Canvassers cannot be directly controlled
by the courts, any error of the county
canvassers can, on satisfactory proof, b,
corrected by order of the Supreme Court
The accuracy of a return would, therefor
in casts of doubt, be tested before an,
justice of the Supreme Court sitting il
the district where it is believed the erro
has occurred.
As recently as 1874 the Court Q
Appeals held that, the certificate of tn
proper officers is prima facie evidence Q
election to a public Office, yet th
certificate and the returns upon whic
it is based it is open to inquiry, and th
returns of election officers may be sc
aside by the courts when necessary t
promote the ends of justice.