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nated, he should mark a cross X mark in the circle above the name of the party at the head of the ticket.

Rule 2. If the voter desires to vote a split ticket, that is, for candidates of different parties, he should not make a cross X mark in the circle above the name of any party, but should make a cross X mark in the voting space before the name of each candidate for whom he desires to vote, on whatever ticket he may be.

Rule 3. If the ticket marked in the circle for a straight ticket does not contain the names of candidates for all offices for which the voter may vote, he may vote for candidates for such offices so omitted by making a cross X mark before the names of candidates for such offices on other tickets, or by writing the names, if they are not printed upon the ballot, in the blank column under the title of the office.

Rule 4. If the voter desires to vote for any person whose name does not appear upon the ballot, he can so vote by writing the name with a pencil having black lead in the proper place in the blank column.

Rule 5. The voter can vote blank for any office by omitting to make a cross X mark in any circle, and making a cross X mark in the voting space before the name of every candidate he desires to vote for, except for the office for which he desires to cast a blank

vote.

Rule 6. In the case of a question submitted, the voter shall make a cross X mark in the blank square space on the right of and after the answer, "Yes" or "No," which he desires to give on each such question submitted.

Rule 7. Any straight line crossing any other straight line at any angle within a party circle, or within a voting space, shall be deemed a valid voting mark.

§ 2. Section three hundred and sixty-eight of such chapter is 63 hereby amended to read as follows:

8368. Intent of voters.

Rule No. 1. If the voter shall have made a voting mark in the circle above one ticket only, and no other voting mark appears on any other ticket or tickets, and if no name shall have been written in the blank column, he shall be deemed to have cast his vote for all the candidates on the ticket so marked in the circle.

Rule No. 2. If the voter shall have made a voting mark in the

1 Rule 7 formerly read: "One straight line crossing another straight line at any angle within a party circle, or within the voting spaces, shall be deemed a valid voting mark."

2Section 368 is further amended by L. 1911, ch. 649, post.

amended.

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circle above one ticket only, and shall have also made a voting mark or marks in the voting space or spaces before the name or names of a candidate or candidates only on the ticket so marked in the circle, the voting marks in the spaces before the names of candidates on such ticket shall be treated as surplusage, and his vote shall be deemed to have been cast for all the candidates on the ticket so marked in the circle.

Rule No. 3. If the voter shall have made a voting mark in the circle above one ticket only, and shall have also made a voting mark in the voting space or spaces before the name or names of a candidate or candidates on one or more other tickets, he shall be deemed to have cast his vote for all the candidates on the ticket so marked in the circle, except for those for whom he has indicated his intention not to vote, by making a voting mark in the voting space before the name or names of individual candidates, on one or more other tickets, or by writing a name in the blank column; and the candidate or candidates so individually voted for on such other ticket or tickets shall be deemed to be the voter's choice for such office or offices; provided, however, that:

Rule No. 4. When two or more persons are to be voted for for the same office, as two or more justices of the supreme court or presidential electors, and the names of the several candidates therefor are printed under the title of the office for which all are running, and the voter shall have made a voting mark in the circle at the head of a ticket, and shall also have made a voting mark in the voting space before the name of one or more of a group of candidates for such office on other tickets, provided that he shall not have marked the names of two or more of such candidates upon the same line upon the ballot, he shall be deemed to have cast his vote for all the candidates for such office so individually marked and for those marked in the circle, except for those candidates under such circle so marked whose names are upon the same line on the ballot as the names of the candidates so individually marked, or written in the blank column, unless in addition to making the voting mark in the circle at the head of the ticket he shall also have made a voting mark before each one of the group of candidates for such office for whom he desires to vote on the ticket so marked in the circle; provided further, however, that:

Rule No. 5. When two or more persons are to be voted for for the same office, as two or more justices of the supreme court or presidential electors, and the names of the several candidates

therefor are printed on any ticket under the title of the office for which all are running, and the voter shall have made a voting mark in the circle at the head of the ticket, and shall also have made a voting mark in the voting space be re the name of more than one of the group of candidates for such office printed on the same line on the ballot on other tickets, or by writing the name or names of a candidate or candidates in the blank column, he must also indicate by voting marks in the voting spaces on the ticket so marked in the circle the individual candidates of the group of candidates on such ticket for whom he desires to vote, or his vote shall only be counted for the candidates for such office which are so individually marked on other tickets, or written in the blank column.

Rule No. 6. If the voter shall have made a voting mark in more than one circle at the head of the tickets, and if on either of such tickets there shall be one or more candidates for office for which no other candidate or candidates is or are named on such other ticket or tickets so marked in the circle, his vote shall be counted for such candidate or candidates.

Rule No. 7. Subject to the foregoing rules if the voter marks more names than there are persons to be elected to an office, or if for any other reason it is impossible to determine the voter's choice of a candidate for an office to be filled, his vote shall not be counted for such office but shall be returned as a blank vote for such office.

Rule No. 8. In the case of a question submitted, if the voter shall have made a voting mark in the voting space after the printed word "Yes," his vote shall be deemed to be in favor of the adoption of the question submitted; if he shall have made a voting mark in the voting space following the printed word "No," his vote shall be deemed to be against the adoption of the question submitted.

Rule No. 9. A void ballot is a ballot upon which there shall be found any mark other than a cross X mark made for the purpose of voting, which voting mark must be made with a pencil having black lead, only in the circles or in the voting spaces to the left of the names of candidates; or one upon which anything is written other than the name or names of persons not printed upon the ballot, for whom the voter desires to vote, which must be written in the blank column under the proper title of the office with a pencil having black lead; or one which is defaced or torn by the voter; or upon which there shall be found any erasure of any 3 Word "single" omitted.

In effect

Sept. 1, 1911.

printed device, figure, letter or word, or of any name or mark writ ten thereon, by such voter; or in which shall be found inclosed a separate piece of paper or other material; and upon such ballot no vote for any candidate thereon shall be counted; but no ballot shall be declared void because a cross mark thereon is irregular in character.

§ 3. This act shall take effect on September first, nineteen hundred and eleven.

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Chap. 297.

AN ACT to incorporate Carnegie Corporation of New York. Became a law June 9, 1911. with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Andrew Carnegie, Elihu Root, Henry S. Pritchett, William N. Frew, Robert S. Woodward, Charles L. Taylor, Robert A. Franks, James Bertram, and their successors, are hereby constituted a body corporate by the name of Carnegie Corporation of New York, for the purpose of receiving and maintaining a fund or funds and applying the income thereof to promote the advancement and diffusion of knowledge and understanding among the people of the United States, by aiding technical schools, institutions of higher learning, libraries, scientific research, hero funds, useful publications, and by such other agencies and means as shall from time to time be found appropriate therefor.

§ 2. The corporation hereby formed shall have power to take and hold, by bequest, devise, gift, purchase or lease, either abso lutely or in trust, for any of its purposes, any property, real or personal, without limitation, as to amount or value, except such limitation, if any, as the legislature shall hereafter impose, to convey such property and to invest and reinvest any principal and deal with and expend the income of the corporation in such manner as in the judgment of the trustees will best Application promote its objects. It shall have all the power and be subject to suip corpo- all the restrictions which now pertain by law to membership corlaws. porations so far as the same are applicable thereto and are not

of member

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3 Remainder of section new.

tion; con.

and by

inconsistent with the provisions of this act. The persons named Organizain the first section of this act, or a majority of them, shall hold a stitution meeting and organize the corporation and adopt a constitution and laws. by-laws not inconsistent with the constitution and laws of this state. The constitution shall prescribe the qualifications of members, the number of members who shall constitute a quorum for the transaction of business at meetings of the corporation, the number of trustees by whom the business and affairs of the corporation shall be managed; the qualifications, powers, and the manner of selection of the trustees and officers of the corporation, and any other provisions for the management and disposition of the property and regulation of the affairs of the corporation which may be deemed expedient.

§ 3. This act shall take effect immediately.

Chap. 298.

AN ACT to amend the liquor tax law, in relation to the issuance and transfer of liquor tax certificates and abandonment notices.

Became a law June 9, 1911, with the approval of the Governor. Passed. three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

ch. 39, § 8,

added by

ch. 494.

Section 1. Subdivision nine of section eight of chapter thirty- L. 1909. nine of the laws of nineteen hundred and nine, entitled "An act subd. 9, as in relation to the traffic in liquors and for the taxation and regula- L. 1910. tion of the same, and to provide for local option, constituting chap- amended ter thirty-four of the consolidated laws," as added by chapter four hundred and ninety-four of the laws of nineteen hundred and ten, is hereby amended to read as follows:

9. Issuance of certificates. No liquor tax certificate shall hereafter be issued for traffic in liquors, under the provisions. of subdivision one of this section, for any premises in any town, village, borough or city, unless or until the ratio of population therein, to the number of certificates issued under the provisions of said subdivision one, shall be greater than seven hundred and fifty to one, and then only pursuant to the provisions of this

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