§ 8. Creation, division and alteration of election districts. Every town or ward of a city not subdivided into election districts shall be an election district. The town board of every town containing more than four hundred electors, and the common council of every city except New York and Buffalo, in which there shall be a ward containing more than four hundred electors, shall, on or before the first day of July in each year, whenever necessary so to do, divide such town or ward respectively into election districts, each of which shall be compact in form, wholly within the town or ward, and shall contain respectively as near as may be, four hundred electors, but no such ward or town shall be again divided into election districts until, at some general election, the number of votes cast in one or more districts thereof shall exceed six hundred; and in such case the redivision shall apply only to the town or ward in which such district is situated. If any part of a city shall be within a town, the town board shall divide into election districts only that part of the town which is outside of the city. No election district including any part of a city shall include any part of a town outside of a city. A town or an election district thereof, or ward of a city containing less than four hundred electors may, at least thirty days before the appointment of inspectors of election of such town, district or ward, be divided into election districts by the board or other body charged with such duty when, in the judgment of such board or body, the convenience of the electors shall be promoted thereby. The creation, division or alteration of an election district outside of a city shall take effect immediately, and on or before September first the town board shall appoint four inspectors of election for each election district so created, divided or altered, two of whom in each district shall belong to the political party which at the last preceding general election for state officers shall have cast the greatest number of votes in such town, and the other two of whom shall belong to the political party which at such election shall have cast the next highest number of votes in such town. If the creation, division or alteration of an election district is rendered necessary by the creation, division or alteration of a town, or ward of a city, it shall take effect immediately, but a new town or ward shall not be created, and no new town

or ward shall be subdivided into election districts between the first day of August of any year, and the days of the general election next thereafter. If a town shall include a city, or a portion of a city, only such election districts as are wholly outside of the city shall be deemed election districts of the town, except for the purpose of town meetings. The board of elections of the city of New York and in the city of Buffalo the commissioner of elections shall divide such city into election districts on or before the first day of July in any year whenever necessary so to do as herein provided. The election districts in the counties within the city of New York shall contain, so far as possible, five hundred electors, provided, however, that any election district containing less than seventy-five electors in such counties, made necessary by the crossing of congressional lines with other political divisions, may be consolidated with contiguous election districts in any year when no representative in congress is to be voted for in such district. Such election districts so established in the city of New York shall not again be changed until at some general election the number of registered electors therein shall exceed five hundred, except where changes are made necessary by a change in the boundaries of congressional, senate, assembly, aldermanic or municipal court districts or ward lines, provided, however, that when the number of registered electors in an election district shall, for two consecutive years, be less than two hundred and fifty, such district may be consolidated with contiguous election districts in the discretion of said board of elections. In the city of New York each election district shall be compact in form, entirely within an assembly district and numbered in consecutive order therein respectively. No election district shall contain portions of two counties, or two senate or assembly districts. (Thus amended by chap. 95, Laws of 1901; chap. 644, Laws of 1903; chaps. 643 and 675, Laws of 1905; chap. 570, Laws of 1906, and chap. 472, Laws of 1907.)

§ 8-a. Abolition or consolidation of election districts in towns. If at a general election at which a governor is elected, the number of votes cast for governor in an election district in any town be less than four hundred, the town board of the town may, if such town contains two election districts, abolish the division of the town into election districts, or if the town contains

more than two election districts, may annex the territory of such district to one or more of the other districts therein, in such manner as will best promote the convenience of the electors; but no district shall be abolished pursuant to this section if thereby in case of the abolition of election districts, the number of electors in the town will exceed six hundred, as indicated by the last preceding vote for governor, or if thereby in the case of the abolition of an election district and its annexation to one or more other districts, the number of electors in any new district so created will exceed six hundred, as indicated by such vote. An alteration of election districts, pursuant to this section, must be made on or before July first in any year. If the election districts in a town are abolished pursuant to this section, the town board shall, on or before September first, appoint from the inspectors of election in such town four inspectors of election for the town as an election district, two of whom shall belong to the political party which at the last preceding general election for state officers shall have cast the greatest number of votes in such town, and the other two of whom shall belong to the political party who shall have cast the next highest number of votes at such election. (Thus amended by chap. 159, Laws of 1906.) § 8-b. Changing districts in certain towns. If a town has been divided into three or more election districts, and if at any general election at which a governor is elected, the number of votes cast for governor in any district in such town does not exceed three hundred, the town board of such town may on or before the first day of August succeeding, if it deems that the convenience of electors will be promoted thereby, divide such town into such number of election districts as it deems desirable, or change the boundaries of the existing dis-. tricts, in such manner that no district shall contain more than six hundred electors, as indicated by the last preceding vote for governor. If, in pursuance of this section, the boundaries of an election district in such town should be changed, or a new election district is created, by the consolidation of two or more districts or parts of districts, such creation, division or alteration shall take effect immediately, and the town board shall on or before September first appoint for each such district so created, or changed, four inspectors of election, two of whom shall belong to the political party which at the last preceding general election

election

for state officers shall have cast the greatest number of votes at such election, and the other two of whom shall belong to the political party which shall have cast the next highest number of votes at such election. Such inspectors of election shall hold office until their successors are regularly elected in such election districts, in pursuance of law. (Added by chap. 470, Laws of

1907.)

§ 9. Maps and certificates of boundaries of election districts. When a ward of a city or an assembly district within a city shall be divided into two or more election districts, the officers or board creating, dividing or altering such election districts, shall forthwith make a map or description of such division, defining it by known boundaries, and cause such map or description to be kept open for public inspection in the office of the city clerk, and cause copies thereof to be posted not less than ten days prior to the first day of registration in each. year, in at least ten of the most. public places in each election district so created, divided or altered, and shall, prior to every election, furnish copies of such map or description to the inspectors of election in each election district of such ward or assembly district. The scale of such maps shall, so far as possible, be uniform and large enough to permit the printing of the street corner numbers of the block or blocks defining the extreme boundaries of each election district within or outside the lines of such block or blocks respectively; and such street corner numbers shall be printed in or outside such block lines upon said maps, so that the lowest and highest street numbers of every street bounding such election district shall be plainly shown thereon. The copies furnished to the inspectors of election shall have printed on each or affixed to each in some secure way the list of places designated pursuant to section ten as places at which the meetings for the registration of electors and the election shall be held during the year within such ward or assembly district. The officers creating, dividing or altering an election district in a town shall forthwith make a certificate or map thereof, exhibiting the districts so created, divided or altered, and their numbers respectively, and file the same in the county clerk's office except in the county of Erie, and in the county of Erie in the office of the commissioner of elections, and a copy thereof in the town clerk's office, and

cause copies of the same to be posted in at least five of the most public places in each election district of such town, and the county clerk or commissioner of elections as the case may be, shall, prior to every general election, furnish copies of such maps or certificates, to the inspectors of election in each election distriet of such town, provided such election district is not coterminous with the town lines. (Thus amended by chap. 89, Laws of 1902; chap. 643, Laws of 1905, and chap. 642, Laws of 1906.)

§ 10. Designation of places for registry and voting, publication of same; and provision of furniture therefor. On the first Tuesday of September in each year, the town board of each town, and the common council of each city, except New York and Buffalo, and the board of elections of the city of New York, shall designate the place in each election district in the city or town at which the meeting for the registration of electors and the election shall be held during the year. In the city of Buffalo the commissioner of elections shall designate such places for registry and election on the first Monday in August in each year. Each room so designated shall be of a reasonable size, sufficient to admit and comfortably accommodate at least ten electors at the time outside of the guard rail. No building, or part of a building, shall be so designated in any city if within thirty days before such designation, intoxicating liquors, ale or beer, shall have been sold in any part thereof. No room shall be designated elsewhere in a city, if within thirty days before such designation, intoxicating liquors, ale or beer, shall have been sold in such rooms, or in a room adjoining thereto, with a door or passageway between tlie two rooms. No intoxicat ing liquors, ale or beer shall be sold in such building in a city or such room or adjoining room elsewhere after such designation and before the general election next thereafter, or be allowed in any room in which an election is held during the day of election or canvass of the votes. Any person or persons violating the provisions of this section shall be deemed guilty of a misdemeanor. If any place so designated shall thereafter and before the close of the election be destroyed, or for any reason become unfit for use, or can not for any reason be used for such purpose, the officers charged with the designation of a place for such election shall forthwith designate some other suitable place for holding such election. Not more than one polling place shall be in the