AN ACT to submit the question of calling a Convention to revise the
Constitution and amend the same, to the People of the State:
Passed April 17, 1858—three-fifths being present.
_The People of the State of New York, represented in Senate and
Assembly, do enact as follows_:
SECTION 1. The Inspectors of Election in each town, ward, and election
district in this State, at the annual election to be held in November
next, shall provide a proper box to receive the ballots of the citizens
of this State entitled to vote for members of the Legislature at such
election. On such ballot shall be written or printed, or partly written
and printed, by those voters who are in favor of a Convention, the
words: “Shall there be a Convention to Revise the Constitution and amend
the same? Yes.” And by those voters who are opposed thereto, the words:
“Shall there be a Convention to Revise the Constitution and amend the
same? No.” And all citizens entitled to vote as aforesaid shall be
allowed to vote by ballot as aforesaid, in the election district in
which he resides, and not elsewhere.
§2. So much of the articles one, two and three, of title four, of
chapter one hundred and thirty, of an act entitled “An act respecting
elections other than for militia and town officer,” passed April fifth,
eighteen hundred and forty-two, and the acts amending the same, as
regulates the manner of conducting elections and challenges oaths to be
administered, and inquiries to be made, of persons offering to vote,
shall be deemed applicable to the votes to be given or offered under the
act; and the manner of voting and challenges, and the penalties for
false swearing, prescribed by law, are hereby declared in full force and
effect in voting or offering to vote under this act.
§3. The said votes given for and against a convention, in pursuance of
this act, shall be canvassed by the Inspectors of the several election
districts or polls of the said election in the manner prescribed by law,
and as provided in article four, of title four, of chapter one hundred
and thirty of the said act, passed April fifth, eighteen hundred and
forty-two, and the acts amending the same, as far as the same are
applicable; and such canvass shall be completed by ascertaining the
whole number of votes given in each election district or poll for a
convention, and the whole number of votes given against such convention,
in the form aforesaid; and the result being found, the inspectors shall
make a statement in words, at full length, of the number of ballots
received in relation to such convention, and shall also state in words,
at full length, the whole number of ballots having thereon the words,
“Shall there be a Convention to revise the Constitution and amend the
same? No.” Such statements as aforesaid shall contain a caption, stating
the day on which, and the number of the district, the town or ward, and
the county at which the election was held, and at the end thereof a
certificate that such statement is correct in all respects, which
certificate shall be subscribed by all the inspectors, and a true copy
of such statement shall be immediately filed by them in the office of
the clerk of the town or city.
§4. The original statements, duly certified as aforesaid, shall be
delivered by the inspectors, or one of them to be deputed for that
purpose, to the supervisor, or, in case there be no supervisor, or he
shall be disabled from attending the board of canvassers, then to one of
the assessors of the town or ward, within twenty-four hours after the
same shall have been subscribed by such inspectors, to be disposed of as
other statements at such election, are now required by law.
§5. So much of articles first, second, third, and fourth, of title
fifth, of chapter one hundred and thirty, of the act entitled, “An act
respecting elections other than for militia and town officers,” and the
acts amending the same, as regulates the duties of County Canvassers and
their proceedings, and the duty of County Clerks, and the Secretary of
State, and the Board of State Canvassers, shall be applied to the
canvassing and ascertaining the will of the people of this State in
relation to the proposed convention; and if it shall appear that a
majority of the votes or ballots given in and returned as aforesaid are
against a convention, then the said canvassers are required to certify
and declare that fact by a certificate, subscribed by them, and filed
with the Secretary of State; but if it shall appear by the said canvass
that a majority of the ballots or votes given as aforesaid are for a
convention, then they shall by like certificates, to be filed as
aforesaid, declare that fact; and the said Secretary shall communicate a
copy of such certificate to both branches of the Legislature, at the
opening of the next session thereof. Yours, respectfully,
GIDEON J. TUCKER, Secretary of State.