Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1884-11-13
New York Election Law.


The following statement of how tn,
vote is eanvassed in the state of New
York is taken from the New York Sun
and is of peculiar interest to the people
at the present time:
The general election law of this State
passed by the Legislature in 1912 and
still in force, requires the County Board
of Canvassers in the counties of this
State to meet at the office of the County
Clerk on the Tuesday next following
the election. The County board is com.
posed of the supervisors of towns OF
wards. In this city the Board of Alder
men is the Board of County Canyassers.
A majority constitutes quorum. The
County Clerk acts as Secretary, and
after the constitutional oath has been
administered, the original statements OF
the canvass III each district are produced,
and from them the board proceeds to
ascertain the vote of the county. The
board makes seperate statement of the
votes for electors of President and Vice.
Presidsnt, and this statement contains
the 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
usual 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 at Albany. Ii any cleri-
cal mistake be apparent in any state
ment of the inspectors produced before
the Board of County Canvassers, the
latter have the power TO return the
statement for correction to the town or
ward inspectors and canvassers who
shall assemble forthwith and make such
corrections as the facts of the case re-
quire. The Secretary of State files the
certified statements of the boards of
county canvassers and calls meeting
of the Board of State Canvassers. This
board is composed of the Secretary of
State, the Comptroller, the State Engi-
neer, the Attorney General, and the
Treasurer and it is required to meet on
the Wednesday next after the third
Monday of November-which would
fall this year on the 19th-or sooner.
This State board, taking the certified
copies of statements of the county can
vassers, proceed to canvass the votes
given for electors of President and Vice
President. 1t then makes a statement
of all the votes and determines and GER
titles the persons elected The Secre-
tary of State then without delay must
cause copy of the certified determine
ton of the Board of State Canvassers to
be delivered to each of the persons
therein declared to be elected; but while
the county board can only inspect errors
merely clerical, an act of the Legisla-
ture expressly conters upon the Supreme
Court whenever it shall appear by af1i-
davit that errors have occurred in the
determination of the board of county
canvassers, the power to require the
board to correct such errors; and if the
board has dissolved it can be forced to
convene anew. The correct statement
made under the order of the court
stands in lieu of the original statement
and must be treated in all places as of
the same effect. 1t follows, therefore,
that while the State canvassers can not
be directly controlled by the courts, any
error of county canvassers can on salts
factory proof be corrected by order of
the Supreme Court. The accuracy of a
return would, therefore, naturally in
cases of doubt be tested before any
Justice of the Supreme Court sitting in
the district where it is believed the
errors bad occurred. As recently as
1874. tie Court of Appeals held that
while the certincate uf tho proper off
Ger is prima facie evidence of cleo
ton to public Office, yet the GER
tificate and the returns upon which
it is based are open to inquiry,
and the return of election officers
may be set aside by the court when
necessary to promote the ends of justice.