New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-07-28
THE NEW BALLOT LAW.
QUESTIONS ANSWERED BY ATTORNEY-GEN-
ERAL TABOR.
FORMATION OF DISTRICTS AND THE POWERS
MD DUTIES OF ELECTION OFFICERS.

questions by Secretary Of state Rice Attorney General
Tabor yesterday rendered the following opinion;
l am in receipt Of your request asking me for an
official opinion in to the following questions re-
atng proper construction placed upon Chapter
1GS Of the Laws 1890 commonly called 1.-THE ne" Ballot
law
First-Can the new dstricting division required to
be made by Section % Of this act be made 70 take ehec
at the coming fall election!
second-who are the officers charged with the division
or alteration Of election districts outside Of the Clues Vi
the State?
Thrd-what is the basis required by for detemin-
ing the voters Of election district so that
the shall not exceed 1907
Fourth-In case Of a division or otherwise should all
the offered in of 800 be refused or accepted
should they the at the close oil
the pOsl
Fifth-Do the words physical disability" used in Sec
ton IS Of this act apply persons who cannot read Oh
write
sxth-Arc ballot clerks allowed to give information to
represents the candidates OF inc
different parties
seyenth-wherc by a division alteration OF cleo
ton districts in there are no inspectors iOf c
tain districts who the officers charg'a
with the appointment Q; inspectors, aud DO they appoint
five inspectors and then these five appoint two oil h''
number ballot clerks" do these officers appoint Du'
three inspectors and then appoint Two ballot clerks
the words except in districts where all OF
apponted" in Section - OF this act Iese 10
districts whcre prior said Ballot law all the III
spectors Of election appointed, or do they ra' u
y, der said law, where all OF the III
spectors 70 h. appointed!
Nnth-Docs Registry act contemplate that the h'c
inspectors shall constitute the Board Of Registry OF ta1
a less number may do 50
TonthIf but one o elected inspectors shall re-
in district shall hc have the sole appointments o. one
clerk the other four appointed inspectors nave
the appointment Of the other
Elcvcnth-In the appointments made TO I'll vacancies
made necessary by the division Of districts are inc
oncer, charged with that duty required To appoint rom inc
different political Iaiiies 30 as b keep the bo''d Hon"
parti-anl
Twclfth-whcrc a town heretofore composed OF but one
district ha, under the law, been divided into Di't
Nos l. and B. and two OF the Old inspectors are T,u me-
Of District l. and Tn" other inspector Is ru''' VI
District No . and inspector j. thereafter lctt ID "'
tric No 3 do the old inspectors continue IA once anu
how are the vacancies filed!
SOME QUESTIONS ALREADY ANSWERED.
Before answering these question: beg leave 10 ~
sha, a, to some o; Thorn. have all ady given opinions
,eo and therefor. they require only statement OF the
conclusion, arrived a..
rr.t question: am o. the opinion TIA, the provisions
o, tho now ballot law Into operation at The coming
election this fall and have heretotor" 80 held
second question The officers charged '.tn tho division
Or alteration o. election districts ou-d" q cities are me
supervisor and town clerk t>e Sec IT, An 3D.
Chap. 1870 Laws lSi2J ,..-
Third question Thor, ifs no exact basis provided hr Ia"
for determining how division - district, shall l' mao
80 that each district "-hai contain not NOR than 'n',
buut-,d voters" Tm, then. must %" l"it to inc E"'
uaqm,ut Of the officers charged with this duty.
section % ~ the u.w Ballot law. which makes t'''
Si,t.ior ,.r,.sarv d,,, provide that The hrntTr q"
VISION ',,., MN, - l- than one fr every nfty
yor. who voted - ID. last prcedine election n "' as
rictn bu, there f. such provision o. = -'.' '. '
sion 81 districts, IA. officers must t'r UT ''''
this question i0r Themselves fi''i u' '@' .'-'. '' "
formation they can obtain. keeping in view nat r' "
.', mo- ,..,d.d Cor th. b.n.nt u tie voter. and iu
order that the change, made hy the u"v a" r''"-'i'y
requiring more time casting Oh ballots should nave
-. .,.,.. - ,,.~,t,,5
I'D o,,..,i,n do not think tia. any votes should
va .,d or t,,r,vn oit lc,au.c uudor a now division
&, g., found that more than 300 >or, actually found
in the district. The should not Doe di',ianrh'd
because the oniccr. have male mistake in uc.r oua
ton Of tho number q contained In tn new district
Fifth questlon-Thc words physical disability u.rl ia
Section IS DO not n 20" judgment have any aIpl'''"l
t. person. VINO claim n' disability except mar '"'v ,',
read or wfit". These words tnN i"''" '''. VIM ''
say and relate 70 the inability Of '"n = p'i"'' h
ballot wltuout assistance. ia consequence "' s'"' "-'
a.lueut. affection or iuhrm.tr-
DUTIES OF BALLOT on I'hN.
Sixth qu"-tiou-Ihr Inherent sections d" ~" "'''' Us"
mako provision great detail - o. Oh" duties ~ ha'i
clerks and the rights voters a. tho polls An c>a"a'
ton o tc-e dGC,nt provision, ana ~ tA' "H'-' '''
o. thr at NEGATIVES 90" right 81 the i''' '''"' "
any instruction, vh't'''r u u. \''i' '''' ''''.- "
names the ticket, Of %" political I~ip "Ai. any q"
either o! the u'~'' ,,-.. ,,,, , ag,. o.,
appointment, and aHor OF 'aranci"' }" '' Once % '"'
~ '''I9 D" ''''' " OF. 49,. d., ,,., ,ao I,,,.
tees q the peace. 'S'' &c. 80 "'' d. ''''' '''
OF lsi2J
= .''' - ~ '". ]" ' a., .,. ,,..,....
to towns, po'l4'' i'f IL" "'i''..''7' '''' ~ any
IN which There is l-' number i''.' j. N''"', % wa.
cNtcnt ia u" Office o inspector, ana '".'' va '''.
nr-t D." nilri ~ DO" pf''I1'a b I'"' anu '""'
'''' "' %" ,. .....i.- - h.. lyll..
"'| sHa" 'fP''' '"' ~ &c., d. co'.l.o,,
c!''A'' ta'' '..' "'.'"' ~ -,. o, c.c,
LIMA qn''''o" I"' "''1, '..' ~ ,,',,,c,l,,, ..
ccHt .n districts "h'i' 81 vi "'.' a. 10, al
understand w'''' % "', '!i'' ~ c.,
hnl N'I' I"t''"' ~ 'IT'' ~ .,.,., d. ,.
,l"' tor Of election j. never H''' ''''''' VIVA" - "
cat 10 como 81 t"' 'u'' '' III. o., ,.. ,,o
Smith question section ~ 'h'ib1 OIL i'1"7 i'''
known Tho E'F.s'.l'lon "I p"'''' N'1 wv d"
spector. II election 81 each erection district 'h'' ''
Tut tn" board ot registry u'''-
some of hr following PI'''''""' - "
pear % h' inconsistent N'"' '"'' '' ''