GIFT or ^» t> / » ^"■L^^f^ , ^ ^.:j7^j^..-. , -ct Election Law OF INDIANA (In Force Sept. 1, 1906 WITH INSTRUCTIONS TO VOTERS AND ELECTION OFFICERS By Authority of the State Board of Election Commissioners for 1906 INDIANAPOLIS WM. B. BUBFOBD, CONTRACTOR FOR STATK PRINTING AND BINDING 1906 ^u^- ^^\.PV^ fo ^^0^ (^ Indianapolis, September 17, 1906. To the Governor and Chairman, State Board of Election Com- missioners : Having been appointed by said Commissioners to consider certain matters arising under the election law, we report that in our opinion, the proper construction of the law on the several points referred to us is as follows : MEREILL MOOEES, WILLIAM W. SPENCEE Committee. We concur in and agree to abide by this report : JAS. P. GOODEICH, Chairman Eepublican State Committee. W. H. O'BEIEIsr, Chairman Democratic State Committee. State Board of Election Commissioners for 1906 : GOV. J. FEAISTK HANLY, President. JEFFEESOlSr 11. CLAYPOOL. BEEKAED XOEBLY. HAEEY SLOUGH, Clerk. Note.— These instructions chang'ed to conform to the amendments enacted "by the Q-eneral Assembly of the State of Indiana, Session of 1905, 257168 Instructions to Voters AND Election Officers. WHERE ELECTIONS MUST BE HELD. An election must be held at the place designated by the Board of County Commissioners, unless from absolutely unavoidable cir- cumstances it can not be done. If it can not be held at the place so designated, then the Election Board should meet at, or as nearly as possible, at the place so designated and there organize as a Board, and then adjourn to a place available and nearest to the one so designated, not, however, outside of the precinct. In such an in- stance care should be taken to see that no voter loses his vote by not finding the new voting place; and, if necessary, some person should be stationed at the place so designated by the Board of County Commissioners to notify the voters of the change, and where the actual voting place is situated. BALLOT BOXES. The Board of County Commissioners of each county must pro- vide, at the expense of the county, three ballot boxes — one painted red, for the reception of the State ballots ; one painted white, for the reception of the local ballots (Sec. 32), and one yellow, for the reception of the township ballots (Sec. 134). The Board of Coun- ty Commissioners must deliver all the ballot boxes and all the election paraphernalia, except the ballots, at the places where the election is to be held, prior to the day of the election. INSTEUOTIONS TO CHUTES. The chute should be so constructed that it will not obstruct pass- age along the highway or street. Persons within fifty feet for man- ifestly lawful and necessary purposes should not be molested. This is also true of persons passing within that distance of the chute. PASTER TICKETS. The law permits the use of complete pasters, by which is meant a complete ticket pasted on the ballot by the voter, without the knowledge of the Election Board. If such a ballot be found in the box, the Election Board must carefully examine the law, and if it does not comply with its provisions, it is void and should not be counted. (Sec. 77.) WATCHERS. Each of the four political parties that cast the largest vote at the last I^ovember election, and which has a place on any of the official ballots, is entitled to one watcher at each precinct, at the canvass of the vote. Each watcher must present to the Election Board, before he enters the election room, credentials signed by the township or county chairman of the party which he represents, showing him to be the duly authorized watcher for his party. 'No person other than the Inspector, Judge, Poll Clerks, Election Sheriffs and Watchers can be permitted in the election room during the canvass of the votes (Sec. 83). No watchers can be present during the voting. SAMPLE BALLOTS. The sample State and local poster ballots should be printed in large type, each on a sheet of paper about 25 by 38 inches in size. The sample State Ballots will be prepared and be furnished by the State Board of Election Commissioners, and three will be en- closed in each package of State ballots. They will be printed on yellov*^ paper, and will have thereon the words, ''Sample Ballot. Genuine State Ballot is on red paper.'' The sample Local Ballots should be prepared by the County Board of Election Commissioners, and three enclosed in each pack- age of local ballots. It should be printed on blue paper, and have VOTERS AND ELECTION OFFICEES. O thereon the words, "Sample Ballot. Genuine Local Ballot is on white paper.'' The sample Township Ballot should be prepared by the County Board of Election Commissioners, and three enclosed in the pack- age of township ballots for each precinct of the township for which the sample ticket is printed. It should be printed on brown paper, and have thereon the words, "Sample Ballot. Genuine Township Ballot is on yellow paper.'' Three of each kind of these sample ballots must be posted by the Election Inspector in and about his polling place. If deemed desirable by committees of political parties, or by candidates, for the purpose of instructing voters, sample ballots, conforming to the description given above, may be printed, of any size, on blue, brown and green paper respectively, and posted up or circulated by them at any time during the political canvass. CANDIDATES FOR COUNTY COUNCIL. The County Board of Election Commissioners must print on local (county) ballots for the precincts of the first councilmanic district, the names of the candidates for councilmen-at-large, and also the names of the candidates for county councilmen for that district. In like manner the local (county) ballots must be printed for each precinct of the other councilmanic districts. ROAD SUPERVISORS. Road Supervisors are no longer elected at the time of the gen- eral elections in I^ovember. Under the new law (see Sees. 135, 136 and 137) elections for these offices will be held on the second Saturday after the first Monday in December, 1905, and every two years thereafter. These elections are entirely under the jurisdic- tion of the Township Trustee, and the law makes him responsible for all the details thereof. POSTING DIRECTIONS. The Inspector should be at his polling place early enough before 6 a. m. to enable him to post up the cards of instructions and sam- ple ballots. 6 INSTEUCTIONS TO One of each kind of cards must be posted in each election booth ; and also one of each kind at the outer end of the chute. Not less than three of each kind of cards and not less than three of each kind of sample ballots must be posted about the polls beyond the fifty-foot limit. (Sec. C6). INSTRUCTIONS TO VOTERS. First. You must get your ballot and the blue pencil from the Polling Clerks in the election room. Second. If you desire to vote a straight ticket, then make a cross, thus X' within the large circle at the head of the ticket con- taining the device of the party for whose candidates you desire to vote. If you do not desire to vote a straight ticket, you must not make a cross in the large circle containing the device of a party, but must make a cross, thus X? on the small square to the left of the name of each candidate for whom you desire to vote, on what- ever list of candidates it may be. If the large circle at the head of the ticket is marked with a cross or otherwise and the ballot is marked with a cross or otherwise at any other place, it will be void and can not be counted, unless there be no candidate for some office in the list printed under such marked device, in which case you may indicate your choice for such office by making a cross, thus Xj on the square to the left of the name of any candidate for such office on any other list. The cross must be placed within or on the circle or square, or the ballot will be void and can not be counted. Third. Do not mutilate your ballots, nor mark them, either by scratching off a name or writing one upon them, nor in any other way put a mark upon them, except by placing one in the circle or on the squares, as above described. Otherwise the ballot will not be counted. You must not put any mark of any kind upon your ballots, except in the manner above described. Fourth. After you have marked your ballots, and before you leave the election booth, fold them up separately so that the face of each one can not be seen, and so the initial letters of the names of the Polling Clerks on the back thereof can be seen. Then hand your ballots to the Inspector, the pencil to the Polling Clerks, and immediately leave the election room. VOTEBB AND ELECTION OFFIOBB8. i Fifth. If you are physically unable to mark your ballots, or can not read English, so inform the Polling Clerks, and make an affidavit to that effect. They will then go with you into the elec- tion booth, and you can then tell them how you desire to vote, and they will mark your ballot for you. ISTeither you nor the Polling Clerks must permit any other person to hear or see how ^ur bal- lot is marked. It is a penal offense to declare you can not read English or can not mark your ballot, if, in fact, you can. [In no case can the ballots be marked by the Polling Clerks if the voter can read the English language and is physically able to mark his ballot. Nor can they mark it until the voter has made the proper affi- davit.] ' Sixth. If you should accidentally, or ly mistake, deface, muti- late or spoil one of your ballots, return it to the Poll Clerks and get another one of the same kind. Seventh. You must not accept a ballot from any person, out- side of the election room. Any ballot outside is fraudulent; and it is a penitentiary offense to have it in your possession, whether you attempt to vote it or not. Eighth. You must not attempt to hold any conversation in the election room except with members of the Election Board and the Polling Clerks. Ninth. Use only the blue pencil handed you by the Polling Clerks in marking your ballots. If you mark with any other pen- cil, your ballot so marked will be void, and will not be counted. Tenth. You must not put any mark of any kind on your ballot, except as above described. Eleventh. If you are unable to vote by machine on account of physical disability or inability to read English, and make an affi- davit to that effect, you will be instructed or assisted by the Polling Clerks, as in the case of voting by ballot. If you request it, you will, upon being registered by the Polling Clerks, be instructed by them as to the manner of voting by machine. You can not remain in the voting machine booth more than one minute ; and no person can be in or near the machine when a voter is in the voting ma- O INSTRUCTIONS TO chine booth unless it is the Polling Clerks while instructing or as- sisting the voter. [If the foregoing- instructions to voters are printed on cards and posted up at the polls, it will be a sufficient compliance with the provisions of the statute requiring instructions to be posted up at such places. Add, how- ever, in full, at the foot of such cards the original Sections 43, 50, 55, 56, 59 and 9b of the election law of March 6, 1889, being Sections 74, 81, 8G, 87, 90, 91 of this compilation.] VOTING BY MACHINE. 1. The election officers in precincts where voting is done by machines will be the same as in voting by ballot. 2. All laws relating to the secrecy of the ballot and^the number of persons permitted in the room apply as well to machine voting as in voting by ballot. 'No voter can be permitted to remain in the voting booth more than one minute. fSec. 225.) 3. When the voter enters the election room he must announce his name to the Polling Clerks, who must register it in the same manner as when voting by ballot. 4. The laws as to qualifications of voters, and as to challengers are the same in case of machine voting as in voting by ballot. INSTRUCTIONS TO VOTERS USING VOTING MACHINES. 1. Voters who are unable to vote by machine on account of physical disability or inability to read English, and who make an affidavit to that effect, must be instructed or assisted by the Polling Clerks, as in the case of voting by ballot. 2. If the voter requests it, he must, upon being registered by the Polling Clerks, be instructed by them as to the manner of vot- ing by the machine. 3. All machines will be so constructed that the voter can vote either a straight or mixed ticket. 4. Instruction must be given at each voting place as to the man- ner of voting by machine ; no fixed rule can be laid down because it is not known what kind of machine will be used in a precinct. 5. After the voter has voted, the Inspector or one of the Judges will announce to the Polling CJerks that such voter has voted, and the clerks will write the word 'Voted" opposite the name of such voter, in the same manner as when voting by ballot. VOTERS AND BISECTION OPFIOBBS. CAUTION. As voting by machine is an experiment, it would be wise for the Inspector to provide the necessary ballots and ballot boxes ; so that in case of the machine failing to work, at any time, the election can proceed thereafter in the usual way of voting by ballot INSPECTORS. An Inspector must have been a freeholder and a resident house- holder of his precinct for one year, or a resident householder for two years immediately preceding the day of election. If no person qualified to act will consent to serve as Inspector, or if there be no person residing in the precinct qualified to act as Inspector by rea- son of the fact that he has not been a resident householder within the precinct for two years, or a freeholder and householder for the year next preceding the election, then any qualified voter of the precinct may be appointed. (Sees. 25, 26, 29.) An Inspector must not have anything bet or wagered on the election, nor be a father, father-in-law, son, son-in-law, grand- father, grandson, brother, brother-in-law, uncle, nephew, or first or second cousin of any candidate at the election. !N^ot more than three nor less than two days before the day of election, the Inspector, or the Judge authorized by him, must call at the County Clerk's office and get the ballots for his precinct. (Sees. 64, 67, 68.) Before going he should inform himself, if he can, if the number of voters in his precinct has increased fifty per cent, since the last presidential election. He will receive ten bal- lots for each five voters in his precinct — ten local (county) and ten township ballots — each kind of which must be counted, wrapped in separate packages and sealed in his presence. He will also receive a sealed package containing the State ballots, for his precinct, three blue pencils, the cards provided by the County Board of Elec- tion Commissioners with printed instructions for voters, and three sample ballots of each kind of ballots. All these he must carefully guard and preserve. (Sees. 64, 66.) If, by accident, they be lost or destroyed, he must report at once to the County Board of Elec- tion Commissioners, at the County Clerk's office, and obtain a new supply. (Sees. 60, 69.) 10 INSTRUCTIONS TO The Inspector acts as Chairman of his Election Board, and must announce the opening and closing of the polls. His duties as a member of such board are set forth hereinafter under the head of "Election Board." . Meals. — The Inspector should see that the Election Board of his precinct are furnished with good, plain and substantial meals, at the regular hours for meals, during the election day and until the count is finished; but no spirituous, vinous or fermented liquors shall be furnished. Those entitled to receive these meals are the Inspector, two Judges, two Poll Clerks, and two Election Sheriffs, and no others. The Inspector should also see that the election room is comfortable, such as furnishing fuel, light, chairs, table and a stove. (Sec. 101.) APPOINTING JUDGES. Before opening the polls the Inspector must appoint two Judges, one from the Bepublican and the other from the Democratic party. (Sec. 26.) The Chairman of the Republican and Democratic County Committees have .the right to name these Judges, but must do so at least one week before the election. (Sec. 25.) If a member of the Election Board fail to appear at the hour for open- ing the polls, the remainder of the Board must select a member from his political party to serve in his stead. The qualified voters of his party present at the polls may nominate a qualified person for the vacancy, and he must be appointed. If no member of the Election Board appear at the hour appointed for opening the polls, the qualified voters present must elect a Board viva voce as nearly as possible in conformity with the requirements above stated. (Sec. 26.) ELECTION JUDGES. Election Judges have no duties except as members of the Elec- tion Board, which see. They must be qualified voters of the pre- cinct, and have been freeholders and resident householders therein for at least one year, or householders for at least two years next preceding the day of election, and be members of different political parties and of the parties which cast the highest number of votes in the State at the last ^November election. If no persons who are qualified will consent to serve as such Judges, or if there are no VOTERS AND ELKCTION OFFICERS. Jl persoDs residing in the precinct qualified to act as J udges by reason of the fact that they have not been resident householders within the precinct for two years, then, in that case, any two electors of the precinct may be appointed as such Judges. ELECTION BOARDS. The Election Board is composed of the Inspector and the two Judges representing the two leading political parties. No person except these three have any voice in determining any question aris ing for the Board's decision. (Sees. 25 and 26.) ISrOMIISrATION OF POLL CLERKS. The first duty of an Election Board is the appointment of Poll Clerks, who must be qualified electors of the precinct and representatives of the two leading parties. If nominations have been made by the chairmen of these two parties, such nominees must be appointed. (Sec. 27.) OATH OE OFFICE. The next duty is taking the oath of office in accordance w^ith Sections 29 and 30. The law requires the In- spector and Judges to be qualified on the morning of the election. If no person is present at the polling place authorized to adminis- ter oaths, the Inspector administers the oath to the two Judges and then one of the Judges administers the oath to the Inspector. The Inspector administers the oath to the Polling Clerks. The In- spector then, reads to the Judges Sections 88 and 89, of the elec- tion law, and each member of the Election Board then takes* an oath, as provided in Section 29. PPOVIDIA^G BALLOTS AK'D FIJKXITURE. In case, for any reason, the ballots or any necessary furniture for the election be not on hand at the opening of the polls, the Board must supply them as speedily as possible. Ballots should be obtained from the person who was entrusted to bring them to the polling places, if possible; if not, then at the County Clerk's office; and if that be impracticable, the Board must have them printed. (Sec. 69.) OPENIXG BALLOT PACKAGES. After the organization of the Board the ballot packages must be* opened by the Inspector in the presence of the Board without breaking the seals, in other words, cut thp string? nnd leave the seals on them. (Sec. 65.) 12 INSTRUCTIONS TO The seals must be preserved and returned with the protested, dis- puted, defective and uncounted ballots. (Sec. 83.) The Inspec- tor then delivers tvrenty-five of each of the different kind of bal- lots to the Poll Clerk of the party opposing his o^m, and the pen- cils to the other Clerk, who has charge of the same. As soon as a ballot has been delivered by the Poll Clerk to a voter the Inspector must deliver another ballot to the Poll Clerks, who must at once sign it with their initials and place it at the bottom of those al- ready signed, so that at all times the Poll Clerk shall have twenty- five of each of the different kinds of ballots before him. (Sec. 65.) BALLOT BOXES. The ballot boxes must be opened, exam- ined and then closed and locked before announcing that the polls are open. One key must be retained by the Inspector and the oth- er key given to the Judge of the opposite politics of the Inspector. (Sec. 33.) OPEOTNG THE POLLS. When these duties have been per- formed and the Poll Clerks have marked their initials on the lower left-hand corner of the back of twenty-five of each of the different kind of ballots, the Inspector must then announce that the polls are open. ISTo ballot can be received before this announce- ment is made. (Sec. 42.) POLLS 0PE:N' at 6 A. M. SHARP. The failure of the Poll Clerks to have their initials marked on the full number of twenty- five ballots shall not delay the opening of the polls. The law says the election shall be opened at G o'clock a. m. (Sec. 34), and this provision is mandatory. As soon as the clerks have any ballots at all marked properly with their initials, the polls shall be opened, and the full quota of twenty-five ballots shall be marked ahead as quickly as possible without delaying the vote. POLLS OPEN CONTINUOUSLY. The polls must be kept open continuously from 6 a. m. to 6 p. m., unless after 4 p. m. where there has been no vote tendered for fifteen minutes, the Board may, by unanimous consent of all its members, close the polls. (Sec. 34.) After the polls open at an election, the Board can not adjourn temporarily, nor take any recess, until the polls have been regularly closed, ajl the votes counted, the returns made VOTERS AND ELECTIOIST OFFICERS. 13 out, and the result publicly announced. The meals should be served the Board in the election room, and the polls kept open so that no delay shaJl be had in the voting. (Sec. 100.) RIGHT OE ELECTION BOAED TO CHALLENGE. The right of any person offering to vote may be challenged by either challenger present, by any member of the Election Board or by any voter of the precinct. (Sec. 72.) INTEEPEETEK. If any member of the Board request it, an interpreter may be called to aid in instructing a voter, but the in- terpreter has no right to mark the ticket or see it marked. (Sec. 76.) BALLOTING. The Board has general supervision of the bal- loting and should not permit any violation of the law in its pres- ence without the immediate arrest of the offender. No ballot may be put in the box by the Inspector if the manner in which it has been marked has been shown to any person, or if it has been muti- lated, or defaced, or any distinguishing mark put on it, or if the initials of the Poll Clerks do not appear on it. (Sec. 80.) CLOSING POLLS. No voter can enter the election room after the polls are closed, but any voter in the room at the time of closing may tender his vote and it must be received. The Inspec- tor must make proclamation of the closing of the polls, and a min- ute of the time must be entered by the Poll Clerks on the tally papers. (Sec. 84.) DESTEUCTION OF UNVOTED BALLOTS. Immediately on closing the polls the Election Board must count the ballots re- maining unvoted, make a record of the number on the tally sheets and totally destroy them by fire. (Sec. 82.) POLL CLERKS. Poll Clerks must be qualified voters of the precinct and taken from the two leading parties. They may be nominated by the re- spective County C"!ommiitees four days prior to the election. (Sec. 27.) But if not, they must be selected and appointed by the Board of Election, one from each of the two leading parties. (Sec. 27.) ' 14 INSTRUCTIONS TO OATH or OFFICE. The first duty of the Poll Clerks is to take the oath of office. (Sec. 81.) PASTEES. On receiving ballots from the Inspectors the Poll Clerks must place all necessary pasters on them in their proper places, when a candidate has been properly named to fill a vacancy occasioned by the death, removal or resignation of any candidate after the tickets have been printed. (Sec. 58.) INITIALS. The Poll Clerks must place their initials in their ordinary handw^riting, in ink, on the lower left hand corner of the back of each ballot immediately upon receiving the ballots from the Inspector. (Sec. 65.) This must be done without any dis- tinguishing marks. Twenty-five ballots of each kind must be kept ready for delivery to the voters, and the one first signed must be delivered first. (Sec. 65.) Placing a mark on a ballot by which it may afterwards be known is a penal offense. (Sees. 91 and 92.) THE VOTEK AJ^J) POLL CLEKKS. On entering the elec- tion room the voter announces his name to the Poll Clerks who, at once, register it. Then they furnish him with one of each kind of ballots and a blue pencil, and on request, explain to him the man- ner of voting. This explanation must be made in the presence of the whole Board. If deemed necessary by any member of the Board an interpreter may be called. (Sec. 76.) The voter, after marking and properly folding his ballots in the booth, must return the pencil to the Poll Clerk from whom he received it and deliver the ballots to the Inspector. In no event can he be allowed to re- main in the booth more than five minutes. When his ballot is de- posited in the ballot box, the Poll Clerks must write the word "voted" after his name on the poll lists. (Sec. 76.) If the elector make an affidavit that, on account of physical disability or in- ability to read English, he can not mark his ballot, the Poll Clerks must do so for him in the presence of each other and in his pres- ence, and, on request, must read over to him the names of the can- didates as marked. It is a felony for a Poll Clerk to deceive any elector in selecting or marking his ballot. (Sec. 79.) If the voter accidentally, or by laistake, spoil, mutilate or deface his ballot, the Poll Clerks must give him another and have him destroy the first in the presence of the Board, and they must make a minute of VOTERS AND ELECTION OFFICEB8. 15 the facts on the poll lists at the time. (Sec. 78.) If the voter dis- close how he has marked his ballot it must be rejected, and the Poll Clerks must make a minute of that fact on the poll lists. (Sec. 76.) ELECTION SHERIFFS. The Sheriff must appoint two special deputies as Election Sher- iffs for each precinct; one from each of the two leading political parties. The chairman of each of such political parties may, five days prior to the election, designate an Election Sheriff for each precinct, and if the person so appointed fail to appear the member or members of the Election Board of his political party must ap- point a person to act in his place. (Sec. 43.) ATTE:N"DANCE. The Election Sheriffs must be at the polls when they open and remain until the count is concluded. (Sec. 43.) During the canvass of the vote the Sheriffs should remain in the election room with the Election Board. They may go in and out of the election room, when they wish, or as the occasion may require. AEKEST. They must make arrests on the demand of any member of the Board (Sec. 43), and also on affidavit made before the Inspector by any qualified voter that any person who has voted is not a legal voter. Persons thus arrested by Election Sheriffs should be promptly delivered by them to the nearest magistrate or court, where their cases may be speedily heard, and, if their of- fense be bailable, bond may be given. (Sec. 73.) In general, the Sheriffs must follow the direction of the Election Board. VOTEK AOT) SHEEIFFS. It is the duty of the Election Sheriffs to see that no m.ore than three voters are permitted in the election room at the same time, and that all other persons are kept away for a distance of fifty feet. They should also assist infirm or decrepit voters going through the chute to and from the election room. CHALLENGERS AND POLL-BOOK HOLDERS. One challenger and one poll-book holder, appointed in \vriting by the local chairman of each party organization, are entitled to 16 INSTEUOTIONS TO stand at the sides of the chute next the challenge window. (Sees. 43 and 72.) CAUSES FOE CHALLEIS^GE. Under a decision of the Su- preme Court of Indiana, the provision with reference to registra- tion has been held unconstitutional; and, therefore, this is not a cause for challenge. The following are causes for challenge : Bri- bery, buying, or offering to buy votes, advising bribery, advising buying votes, selling one's vote or offering to sell one's vote, not having been a resident of the United States for one year or of the State six months, or of the township sixty days, or of the precinct thirty days immediately preceding the day of election, or being of foreign birth and not having been naturalized, or not having taken out first papers, or being less than twenty-one years of age. It is also a good cause for challenge that the voter has been disfran- chised by a court of this State for a period of time covering the day of election. MODE OF CHALLENGING. When a person is challenged he must stand aside, and can not vote unless he makes an affidavit that he is a legal voter. If he makes such an affidavit, he is en- titled to vote, unless the challenger or some other person make an affidavit that he is not a legal voter. This affidavit may be made on information or belief, but if so, the person or persons who fur- nished the information must be named in the affidavit. The voter must then bring a qualified voter of the precinct as' a witness, who must swear that of his own knowledge the claimant is a legal voter. Any false statement in any of the affidavits constitutes the crime of perjury. (Sec. 74.) The voter making the last affidavit must have been a freeholder and resident householder in the precinct for at least one year, or a resident householder for two years, next pre- ceding the day of election, unless the person offering to vote shall make an affidavit that there is no person of his political party re- siding in the precinct who has been a freeholder and householder in the precinct for one year or a householder for two years, in which case the affidavit may be made by any qualified voter. (Sec. 72.) VOTEES AND ELECTION OFFICBKS. * lY CANVASSING VOTE. OEDEE OF CANVASSING BALLOTS. The Election Board must then proceed to canvass the ballots ; first the State, second the county, and third the township ballots. ^ ' BALLOTS, HOW CANVASSED. The election Boards must in canvassing the votes begin first with the State ballots and com- plete them before proceeding with the other ballots, by laying each ballot upon the table in the order in which it is taken from the bal- lot box ; and the Inspector and the Judge of Election differing in politics from the Inspector must view the ballots as the names of the persons voted for are read therefrom. If any ballot be found mutilated, defaced or marked so that it can be identified, it must not be counted (Sec. 83) ; but the Board should not adhere to such a severe construction of the law as will deprive innocent or honest voters of their rights. In determining the intention of the voter a careful but common-sense discretion should be exercised. In- stances may arise where finger marks from a greasy or soiled hand may, unintentionally, have been left upon a ballot. In such an instan-ce, if the Board is convinced, after a careful examination, that the marks were accidentally and not intentionally or corruptly made, the ballot should be counted. If the initials of the Poll Clerks be on the ballot but not on the lower left-hand comer, and this appears clearly to have been an honest and unintentional mistake of the Poll Clerks, the ballot should be counted. No ballot can be coilnted, however, if the intention of the voter is not indi- cated by the blue pencil mark and in the exact manner required by the statute, which provides that the cross must be on or touch the circle or the square. (Sec. 83.) The unprotested ballots when counted should be strung on a twine as fast as they are counted and totally destroyed by fire as soon as the count has been completed and the certificates made up. (Sec. 83.) All ballots that are uncounted, protested, disputed or defective must be preserved and returned to the County Clerk's ofiice in the proper package (Sec. 83), unless the Board finally decide that they should be counted, in which instance they should be counted and destroyed unless some member of the Election Board protests ; or, unless the Board finally and unanimously agree 18 INSTRUCTIONS TO that they should not be counted, in which instance they should not be counted, but they should be preserved and put in the package with those ballots which are protested, uncounted, disputed or de- fective. BALLOT, WHERE THEEE AKE SEVERAL CANDI- DATES FOR SAME OFFICE. In case there are two or more persons to he elected to the same office, as in the case of Senators and Representatives in the Legislature, Judges of the Superior Court, Justices of the Peace, etc., if the names of one or more, but less than all, of such persons for a particular office are marked on one or more of the tickets, the ballot must be counted for the persons whose names are so marked ; but if in such case the names of more persons than are to be elected to the particular office are marked on any ballot, such ballot can not be counted for any per- son for that office, for the reason that it can not be determined which of the right number to be elected were intended to be voted for, but the ballot is valid and must be counted for the candidates for other offices as to whom it is properly marked. (Sec. 83.) BALLOT IN WRONG BOX. If the Inspector, by mistake or intention, deposit genuine ballots in the wrong box, putting State ballots in the local box, or local ballots in the State box, such bal- lots must be counted. (See 130 Ind. 561.) / CLOSE OF COUNT. The Board, after canvassing the ballots, must record the results on the tally sheets, and make out three certificates of the num.ber of votes for each candidate, over the signature of all the members of the Board, and deliver one of them to each member of the Board. (Sec. 83.,) The Board must then burn, completely, all the voted ballots, ex- cept those protested, uncounted, disputed or defective. (Sec. 83.) The disputed, protested, uncounted and defective ballots must be preserved and returned to the County Clerk's office, in the sealed bags. Before putting such ballots in the bag, one of the Poll Clerks must endorse upon the back of each disputed, defective, uncounted or protested ballot the word '^counted" or "not counted,'' or if counted in part, for whom counted, as the case may be, which state- ment must be signed by both of the Clerks. (Sec. 83.) PROTESTED BALLOTS. At the close of the canvass the # VOTERS AND ELECTION OFFICERS. 10 Poll Clerks must make memoranda on the tally slieets ! 'lic pro- tested, uncounted, disputed and defective ballots. Tt is intended by the law that there should be separate memoranda for each bal- lot, specifying the objections to it. It will, therefore, be neces- sary to number the protested, uncounted, disputed and defective ballots so that the objections may be referred to the proper ones by number. (Sec. 83.) A paper sack is provided in which the seals of the ballot pack- ages, and all the disputed, protested, uncounted and defective bal- lots must be placed : and this bag, after sealing, must be delivered to the County Clerk. EFFECT OF PROTEST. A protest does not, in any sense, mean that the ballot shall not be counted. It must be counted, notwithstanding the protest, if a majority of the Board so decide, and the only persons to decide are the Inspector and the two Judges. If a ballot is counted over the protest of a member of the Election Board, it must be preserved. PPtOHlBITED ACTS. It is punishable by fine and imprison- ment for any election officer to electioneer (Sec. 91); to mark in an unauthorized way any ticket, or endeavor to ascertain how it is marked; to permit any ballots to be taken away (Sec. 62) ; or permit any ballot packages to be opened, or ballots removed or de- stroyed (Sec. 85) ; to disclose how any voter has voted (Sec. 91) ; to mark or mutilate any ballot; or neglect to perform any duty, or in any way violate the election laws (Sec. 92). It is pimishable with fine and imprisonment for any person to remove any ballot or blue pencil from the election room, or even to have a genuine ballot in his possession (Sees. 63 and 81) ; to counterfeit (Sec. 84) or tamper with the ballots (Sec. 85) ; to re- move or destroy any election supplies or conveniences (Sec. 90) ; to wrongfully enter the election room (Sec. 86) ; or to induce or attempt to induce any elector to put any unauthorized mark on or mutilate his ballot (Sec. 87) ; or induce or attempt to induce any election officer to violate his duty CSec. 89). 20 INSTRUCTIONS TO CUSTODIAN OF PAPERS. At the close of tlie canvass the Inspector must take charge of the sealed bag containing all affidavits made ; of the second bag con- taining the protested, uncounted, disputed or defective ballots with the seals of the ballot packages ; of the third bag containing the list of voters kept by the Poll Clerks, the oaths of office taken by the election officers, and one of each of the tally papers. For further particulars how these packages must be sealed and where they are to be delivered, see under the head of '^Disposition of Papers." DISPOSITION OF PAPERS. The various papers and documents used by the Board must be disposed of as follows : (a) The count being completed, the Board must place in a paper bag or envelope, to be furnished for that purpose, all affi- davits made and taken during the progress of the election, which bag or envelope must be securely sealed by the Board. Each mem- ber of the Board (Inspector and two Judges) must indorse his name on the back of such bag or envelope, which must be delivered at once to the County Clerk by the Inspector. (h) All protested, uncounted, disputed or defective ballots preserved from destruction must be put in another bag furnished for that purpose, together with the seals of the ballot packages, in the same condition as they were when the packages were opened at the beginning of the election. The Inspector must seal this bag with wax and indorse thereon the number of ballots therein, and the condition of the seals of the ballot packages, with the name of the township and precinct or ward and precinct, and he must de- liver it, at the earliest possible period, to the County Clerk. (c) In a third bag must be placed one of the list of voters kept by the Poll Clerks, and one of each kind of tally sheets, and the oaths of office taken and subscribed by the election officers prior to the opening of the polls. This bag must be tightly closed and sealed with wax by the Inspector in the presence of the Judges, and the Inspector must deliver it to the County Clerk at once, and make the affidavit required by Section 4713, E. S. 1881; K. S. 3.901. Sec. 6268, VOTERS AND ELECTION OFFICERS. - 21 (d) The certificate of the result of the election, with the re- maining sheets and poll list, must be delivered at once by the In- spector to the County Board of Canvassers at the County Clerk's office, to be used in the general canvass of the votes. In no event should the Inspector or Judge, who has been selected as custodian of these papers, part with their possession or permit them to be changed, handled or mutilated. BOARD OF CANVASSERS. VOTES FOR ALL OFFICERS OTHER THA:^ TOWN- SHIP OFFICERS— WHETs^, WHERE AND HOW CAN- VASSED. The votes for all officers, other than Township officers, are canvassed by the County Board of Election Commissioners, which for that purpose is constituted a Board of Canvassers ; the Board meeting for that purpose in the Circuit Court Room in the Court House at six o'clock p. m. upon the day of election. The Board of Canvassers receive the. election returns from the County Clerk, to whom they must be delivered by the Inspector imme- diately after the polls are closed on the day of election. The Board proceeds to canvass the vote, comparing the certificates, poll books and tally papers, and aggregating the vote, and declare and certify the result. If two or more persons shall have the highest and an equal number of votes for a single office to be filled by the voters of the county, the Board declares that no person is elected to fill the off.ce and certifies to that effect. The Board must declare the person having the highest number of votes for any office to be filled by the voters of a single coimty duly elected to said office, and certify the same. No tally papers, poll book or certificate returned by any election board can be rejected for want of form if it can be satisfactorily understood, and in no case can the Board of Can- vassers reject the return? from any precinct if they are certified by the Board of Election of the precinct, as required by law, and pre- sented by the Inspector or one of the Judges of the Board. The acts of the Board of Canvassers are ministerial ; the canvass must be made from the face of the tally papers, poll books and certifi- cates made by the Inspectors, Judges and Clerks, but it is now per- mitted to hear testimony and compel the attendance of witnesses to answer under oath touching any questions which may properly 22 « INSTRUCTIONS TO come before the Board. The Sheriff of the county must certify all process and obey all orders of the Board, and shall during the can- vass supply a deputy who shall remain in attendance upon the Board^ and be paid by the county at the rate of two dollars for every eight hours of such attendance. Failure to attend in re- sponse to a subpoena is made a contempt. In case of a disagree- ment between the members of the Board of Canvassers as to how the vote of any precinct shall be counted, the matter in dispute must be forthwith reported by the Board to the Judge of the Cir- cuit Court in a brief written statement, setting forth the grounds of disagreement together with all papers concerning the^matter. and such judge shall summarily determine such dispute and direct how such vote shall be coimted, and such determination shall be final as regards the action of the Board of Canvassers. It is the duty of each Inspector of elections, as soon as the certificates re- quired by law have been signed by the precinct election boards, to deliver them together with one of the lists of voters and one of the tally papers containing the* vote of the precinct for all officers voted for, and with all bags required to be returned to the County Clerk, and this return must be made promptly upon the night of the elec- tion. VOTES FOR T0W:N^SIIIP OFFICERS— WHE^, WHERE AND HOW CANVASSED. The votes for township officers, where there is but one precinct in the township, are canvassed by the Board of Election, after the polls are closed, on the day of election, and the result certified accordingly; but in all townships where there are more than one precinct and not more than ten pre- cincts, the Inspectors of the several precincts, or the Judge of Elec- tion to whom the certificates, poll books and tally papers have been delivered, constitute a Board of Canvassers, who must meet on the day following the election at the office of the Township Trustee at as near 10 o'clock a. m. as practicable, and organize by electing one of their number as chairman and one as clerk, and compare the certificates, poll books and tally papers, aggregate the vote, and declare and certify the result ; and if two or more persons have the highest and equal number of votes for the same office they must determine by lot which shall be declared elected and give a cer- tificate accordingly. (Sees. 188 and 139.) VOTERS AND ELECTION OFFICEBS. 23 If there are more than ten voting precincts in any tovniship of a county, then the vote for township oflBcers in such township, shall be canvassed by the County Board of Canvassers at the same time and place, that the vote for county officers is canvassed. MACHINE VOTING. Where machines are provided for voting, a railing shall separate the part of the room occupied by the Election Board from that oc- cupied by the machine. The exterior of the machine and every part of the polling pjace shall be in plain view of the Board. The machine shall be so placed that no person outside the railing can see how any person has voted. Ko one can go inside the railing except for the purpose of voting, unless it is necessary to assist a cripple or illiterate voter to vote. If a voter remain in the com- partnient longer than one minute, he shall be removed. (Sec. 225.) Cripples and illiterate persons can receive assistance in machine voting only under circumstances which permit assistance in vot- ing by ballot. (Sec. 226.) Sample ballots for machine voting are provided by the county in the form of- a diagram showing the entire front of the voting machiae after the ballot labels are attached for voting. Three of such sample machine ballots shall be posted near the entrance to the voting chute. (Sec. 228.) The Inspector, when he gets his supplies on the Saturday be- fore election, gets, among other things, three extra sets of ballot labels for use in emergencies; but the labels on the machines are to be placed there originally by the County Board of Election Commissioners. (Sec. 229.) After six o'clock in the evening of the day before the election, the Inspector and Judges meet in the election room, and see that the machine is properly labeled, set and adjusted, ready for vot- ing. At five o'clock on election morning, the Election Board with the Clerks and Sheriffs must meet in the election room and finally assure themselves that the machines are properly labeled, set at zero, and in order. (Sec. 229.) As soon as the polls are closed, the Inspector in the presence of the Judges, Clerks, Sheriffs and Watchers, after locking the 24 INSTBUOTIONS TO voting part, shall open the counting compartment and read off and announce the vote, which shall be immediately taken down and recorded by the Clerks. The certificates shall be returned at once to the Canvassing Board at the Clerk's office precisely as in voting by ballot. (Sec. 232.) The machine must then be locked up. (Sec. 2f33.) The keys of the machine must be returned to the County Auditor. (Sec. 235.) A full supply of ballots, booths and boxes for voting purposes will be furnished each Election Board. If a machine fails to work or breaks down at any time, notice must be sent to the County Auditor at once ; but the voting must not be delayed, printed bal- lots must be issued to the voters and the election must proceed as if no machine had been provided. In canvassing the vote where this has occurred, the ballot vote is to be added to the machine vote as recorded at the time of the break-down. CONSTITUTIONAL AMENDMENT. Constitutional amendments^ when proposed are printed in brief on the State ballots below the State tickets, and with machine voting on the machine above the State tickets. It is the duty of the Inspector to draw the attention of each voter- to the amend- ment and to instruct him, if he favors the amendment, to mark the square before the word Yes, and, if not, to mark the square before the word No. Every voter should vote upon proposed amend- ments, as they can not be adopted by less than a majority of all voters voting for any officer at the election. In re Denny, 156 Ind. 104. PARTIES. The party vote of 1904 was as follows : Democratic 274,998 Republican 369,362 Prohibitionist 22,690 Socialist 10,991 Peoples 2,065 Socialist Labor 1,437 Total vote 671,643 VOTERS AND ELECTION OFFICERS. 25 Under the law, each of the four political parties which cast the largest vote in 1904 is entitled to one Watcher at the count (Sec. 83), and each partv which cast one per cent of the total vote is entitled to nominate its candidates by petition. Under this vote, the only political parties entitled to nominate by petition and to have Watchers at the count, are the Democratic, Repub- lican, Prohibition and Socialist parties. iSTominees of other par- ties can only be placed on the official ballot by petition, and only such signatures to petitions can be y the Election Board from the remainder of the room, and also three booths, or compartments, in which elect- ors shall mark their ballots, screened from observation, each con- taining a counter or shelf. Booths shall be so constructed and arranged that all the members of the Election Board can see whether more than one voter enters any one of such booths at one time, and each and every member of any Election Board allowing any booth or compartment, in which an elector is preparing. his ballot, to be used without a screen or such screen being so ar- ranged as not to shield the preparation of the ballot from observa- tion, shall upon convictiom therefor, be fined for each offense in any sum not exceeding one hundred dollars ($100) nor less than five dollars ($5), to which may be added imprisonment in the coun- ty jail not exceeding nin[e]ty days. The portion of the room set apart for the Election Board shall include a window, at which the voter shall appear for challenge, and such voter shall immediately ^ announce his full and true* name to the challengers. The Board of County Commissioners shall also provide" for each precinct a chute or passage with a railing, rope or wire on each side com- mencing fifty feet away from and leading to such polling place, passing such window for challenge and thence to the entrance of the room in which the election is held. The expenses of such preparation shall be defrayed as other expenses of the county by the Board of County Commissioners. Ko election shall be held in a room in which spirituous, vinous, malt or other intoxicating liquors are kept or sold. (B. S. 1901, §6236 ; R. S. 1897, §6535.) [1899, p. 60. Approved February 17, 1899. In force April 28, 1899.J 72. Challengers— Who May Stand Near Polls. 41. One challenger and one poll-book holder, appointed and designated by each party organization, shall be entitled to stand at the sides of the chute near the challenge window. ^N'o other person shall remain within fifty feet of the same, except for the purpose of offering his vote ; and voters shall approach and enter 58 GENERAL LAWS the chute in the order in which they appear for the purpose of voting. If any person offering to vote shall be challenged by one of such challengers or by any member of the Election Board, he shall stand aside and shall not be entitled to vote unless he makes affidavit in writing that he is a qualified and legal voter of the pre- cinct, and in such affidavit sets forth his name, residence, occupa- tion, place or places of residence during the six months prior to the election, with the date of any removal within that time, and the names of two persons who have personal knowledge of his residence in the precinct thirty days and the to^\Tiship sixty days, and shall, in case he be a person required by this Act to be regis- tered, also produce the necessary certificate "of registration pro- vided for in this Act. He shall then be allowed to vote, unless the challenger or some qualified voter of the precinct make affi- davit in writing that he knows or is informed and verily believes that the person offering to vote is not a legal voter in the precinct ; and if the affidavit be on information and belief, he shall set forth the names of the person or persons from whom such information was obtained, and the person offering to vote shall not thereaftei- be allowed to vote, except one qualified voter of the precinct, who has been a freeholder and resident householder in the precinct for at least one year or a residenjt householder for two years next pre- ceding such election shall make affidavit or affirmation in writing that of his personal knowledge such person offering to vote is a legal voter at the precinct : Provided, That if the person offering to vote shall make affidavit that there is no person of his political party residing in the precinct who has been a freeholder or resi- dent householder as provided for in this Act, then the affidavit or affirmation of any qualified voter shall be accepted by said Election Board : Provided further. That if such person so offering to vote be challenged solely or for the additional reason that he is not a citizen of the United States, then such person so challenged for such reason shall take and subscribe the following oath : I do solemnly swear (or affirm, as the case may be) that I have resided In the United States one year, and have declared my intention of becoming a citizen thereof in conformity with the laws thereof. The other affidavits herein referred to shall be in the following form: I do solemnly swear (or affirm, as the case may be) that I am a citizen of the United States; that I am now over the age of twenty-one years, to the best of my information and belief: and that I have been a bona fide resident of this State for ^x months immediately preceding this election; that I have resided in the township sixty days, and in the precinct thirty days, and that I am a bona fide resident of this precinct; that I am gener- ally known by the name in which I now desire to vote, which is : that 1 have not voted and will not vote in any other OONOERNING ELECTIONS. 59 precinct iu this election; that my occupation is ; that my present residence is (if in the city or town give the street or number), and that during the last six months prior to this election I have resided at , I have removed from to on the following date ; and that and have personal knowledge of my residence in the precinct thirty days and in the township sixty days. I do solemnly swear Tor affirm, as the ease may be) that there is no legal voter in this precinct who has been a freeholder and resident house- holder in the precinct for one year, or a resident householder for two years next preceding this election, belonging to the same political party to wliich I belong and whose candidates I wish to support. I swear that I am informed and believe that , now offering to vote, is not a legal voter in this precinct, and that I obtained such information from and I do solemnly swear (or ^ffirm, as the case may be) that I am a quali- fied voter in this precinct: that , who now desires to vote, Ijas resided in this State for six months immediately preceding this elec- tion: that he has resided in this township sixty days, and in this precinct thirty days, at ; that he is now a bona fide resident of this precinct and a legal voter therein. These facts I know of my own personal knowledge. I do solemnly swear (or affirm, as the case may be) that I am a quali- fied voter in this precinct; that I have been a freeliolder and resident householder in this precinct for one year, or a resident householder for two years next preceding this election: that who now desires to votp, lias resided in this State for six months immediately pre- ceding this election: that he has resided in this township sixty days, and in this precinct thirty days, at ; that he is now a bona tide resident of this precinct and a legal voter therein. These facts I know of my own personal knowledge. rn. S. 1901, §6237.) L1889, p. 157.' Approved March 0, 1889. In force May 10, 1889.] 73. Arrest of lUeg^al Voter. 42. If at any time durino- the election any qualified elector shall make affidavit before the Inspector that any person who has voted is an illegal voter in snch precinct, the person accused shall at once be arrested by the election sheriffs and by them delivered to the civil authorities. Immediately after the close of the elec- tion the Inspector shall deliver such affidavit to some Justice of the Peace in the towTiship, who shall proceed thereon as if the affidavit had been made before him. (R. S. 1901, §G238; R. S. 1897, §6537 ; R. S. 1894, §6238 ; E. S., §1364.) 74. Perjury, False Affidavit. 43. Whoever shall knowingly or wilfully make a false affi- davit, under any of the provisions of this Act, shall be deemed guilty of perjury. (R. S. 1901, §6239; R. S. 1897, §6638; R. S. 1894, §6239; E. S., §1365.) 60 GENERAL LAWS [1891, p. 124. Approved March G, 1891. In force June 3, 1891.] 75. Election Holidays — Preventing Employes Voting. 44. No person entitled to vote at any general, National, State or county election shall be employed upon the day on which such election shall be held in any manufacturing, mining, me- chanical or mercantile establishment or "any railroad corporation in this State during the period of four hours after the opening of any election in the county in which such person is entitled to vote, except as to works of necessity, in which works of necessity every employe shall be given some period of four hours between the opening and closing of the polls on said day ; and any Circuit Court may enforce the provisions of this section in term time or in vacation by mandate, or otherwise, upon the application of any voter: Provided, however. That in ^ny such establishment or corporation the employer or employes may agree on any four hours between the opening and closing of the polls that will be most convenient. Every officer of any corporation, ovnier, super- intendent, overseer or foreman, who employs or permits to be em- ployed any person in violation of this section, shall be guilty of a misdemeanor, and fined not less than fifty nor more than five hun- dred dollars. (R. S. 1901,,§6240 ; R. S. 1897, §6539 ; R. S. 1894, §6240.) [1897, p. 49. Approved February 23, 1897. In force April 14, 1897.] 76. Manner of Voting. 3. A^Hien a voter shall have been passed by the challengers or shall have been sworn in, he shall be admitted to the election room: Provided, however. That not more than#three voters shall be allowed in the room at one time. On entering the room the voter shall announce his name to the Poll Clerks, who shall reg- ister it. The Clerk holding the ballots shall deliver to him one State and one local ballot, and the other Clerk shall thereupon deliver to him a blue pencil, and both Poll Clerks, on request, shall give explanation of the manner of voting. If deemed nec- essary by any member of the Board an interpreter may be called. The voter shall then, and without leaving the room, go alone into any one of the booths which may be unoccupied and indicate the candidates for whom he desires to vote by making a cross, thus X on the square immediately preceding their names, and indicate his preference on any question of constitutional amendments or other special matter by a similar mark in front of the words "yes" or "no" under such questions: Provided, however, That if he shall desire to vote for all the candidates of one party or group of peti- tioners he may mark in the large circle inclosing the device and preceding the title under which the candidates of such party or CONCERNING ELECTIONS. 61 group of petitioners are printed, and the vote shall then be counted for all the candidates under that title. If the voter marks on the large circle inclosing the device he shall not mark elsewhere on the ballot, unless there be no candidate for some office in the list printed under such device, in which case he may indicate his choice for such office by marking the square to the left of the name of any candidate for such office on any other list. A mark on the ballot in violation of this provision shall be treated as a distinguishing mark. If a pencil mark touches a circle or a square it shall be counted on such circle or square, but a mark that touches no circle or square shall be treated as a distinguishing mark. Before leav- ing the booth or compartment the voter shall fold his ballots sepa- rately so that no part of the faces thereof shall be exposed, and so that the initials of the Poll Clerks shall be exposed, and on leaving the booth or compartment shall return the pencil to the Poll Clerk and deliver the ballots to the Inspector, or to the Judge who may temporarily be authorized to act for him, who shall forthwith, in the presence of the voter and of the Election Board, deposit the same in the respective boxes, the State ballot in the red ballot box, and the local ballot in the white ballot box; and the Ballot Clerks shall write the word ^Voted" after the name of the voter on the poll lists: Provided, however. That if an elector shall show his ballot or any part thereof to any other person, after the same shall have been marked, so as to disclose any of the candidates voted for, such ballots shall not be deposited in the ballot box. A minute of such occurrence shall be made on the poll list and such person shall not be allowed to vote thereafter. If a voter shall offer to vote a ballot so folded as not to disclose the initials of the Poll Clerks and also not disclosing the face of the ballot, the Election Boar«l shall direct him to return to the booth and fold his ballot properly. After voting the voter shall leave the room, but no voter to whom a ballot and pencil, or either, have been delivered shall be permitted to leave the room without voting the ballots or returning them to the Poll Clerk, or without returning the pencil to the Poll Clerk from Avhom he received it It shall be unlawful for any voter to attempt to leave the room with a ballot or the pencil used in marking ballots in his possession. And any voter who shall attempt to leave the room with a ballot or such pencil in his possession shall be at once arrested on demand of any mem- ber of the Election Board (R. S. 1901, §6241; R S. 1897, §6540.) 11891, p. 130. Approved March 0, 1891. In force Jun^ 3, 1891.] 77. "Paster Ballots." 46. In addition to the State and local ballot which the Clerk is to deliver to the voter in the election room under the provi- 62 G-EIfBRAL LAWS sions of section 45 of the Acts of which this Act is an amendment the voter may take with him into the booth a printed ballot or bal- lots of his own selection or preparation to be known as a paster ballot or ballots, and designed to be pasted upon either snch State or local ballot, or upon each of them. If such paster ballot is de- signed to be pasted upon the State ballot, it shall be in the nature of a complete ticket and shall contain a complete list of all offices to be filled at the election where used by the vote of the electors of the whole State, and shall contain the name of one person for each and every one of such offices. If such paster ballot is de- signed to be pasted upon the local ballot it shall be in the nature of a complete ticket, and contain a complete list of all offices to be filled at such election for the filling of which the electors of the county where used are entitled to vote other than offices which are filled by the vote of the electors of the whole State, and it shall also contain the name of one person for each and every one of such offices in such list. The said paster ballots shall be in the form indicated as follows : For Governor, COURTLAND C. MATSON. For T.ieutenant-Governor, " WILLIAM E. MYERS. They shall be printed in plain black ink upon white paper. The paper shall not be more than two inches in width, and of sufficient length to contain the complete list of offices and names as above specified. The names of the persons upon said list, as well as of the offices, shall be printed one below another in the manner above indicated. The distance from the center of the name of any per- son in such list to the center of the name of the person immediate- ly below in such list shall be three-fourths of an inch, in order that the names in such list when pasted upon the State or local ballot will conform to the squares thereon. Such pasters shall contain no heading, no printing save as above indicated, no writing, no blank nor any distinguishing marks of any kind whatever. Such paster ballot may be gummed upon the back and pasted upon the State or local ballot accordingly as it is designed in such mannei- as that the squares upon the State or local ballot to the left of any list of names printed thereon will come immediately to the left of, and opposite respectively the names printed upon such paster bal- lot and in such manner as that the State or local ballot will not show when folded that it contains a paster. The voter may then indicate his choice for any office by stamping [marking] the square upon the Stat© or local ballot immediately to the left of the name printed upon such paster ballot when pasted. He shall in OONOEENING ELECTIONS. 63 110 oth«r manner attempt to indicate his choic«. Any stamps [marks] upon the State or local ballot elsewhere shall be deemed a distinguishing mark and render the ballot void. If the ballot contains no distinguishing mark, the Election Board shall deem and count as the voter^s choice the names of the persons upon such paster ballot having the square immediately to the left stamped [marked], and they shall count none other. It shall be unlawful for any person to use the paster ballot provided for in this sec- tion unless he desires to vote for one or more persons for one or more offices respectively to be filled at such election, the names of which person or persons are not printed upon the State or local ballot, as the case may be, as a candidate or candidates for such office or offices respectively. And any paster which contains the names of persons only for the respective offices whose names are printed upon the State or local ballots as candidates for the same offices respectively shall be void and the ticket containing the name shall not be counted. The voter who attempts to use a paster bal- lot under the provisions of this section must prepare or select a paster ballot containing a complete list of names for every office for whom he desires to vote and must vote for names contained upon the paster and none other. If a State or local ballot con- tains a paster placed thereon by the voter, as provided for in this section, any stamp [mark] upon such State or local ballot other than are on the squares at the left of the paster ballot shall be deemed a distinguishing mark and render the whole ticket void. Every violation of the provisions of this section by a voter shall be deemed to be an attempt to distinguish his ballot and shall ren- der the same entirely void. (K. S. 1901, §6242 ; R. S. 1897, §6541; R. S. 1894, §6242.) 78. Number of Persons in Booths — Spoiling Ballots. 47. !N"ot more than one person shall be permitted to occupy any booth at one time, and no person shall remain in or occupy a booth longer than may be necessary to prepare his ballot and in no event longer than five minutes, ^ot more than three persons other than the election officers shall be permitted to enter or be in the election room at any one time, and no voter or person offering to vote shall hold any conversation or communication with any other person than a member of the Election Board while in the election room. Any person who shall by accident or mistake spoil, deface or mutilate his ballot may, on returning the same to the Poll Clerks and satisfying them that such spoiling, defacing or mutilation was not intentional, receive another in place thereof, and such Clerks shall make a minute of the fact on the poll list at tlie tiiiio, and the mutilated ballot shall then be destroyed by the 64 GENERAI. LAWS elector in the presence of the Board. (K. S. 1901, §6243 ; K. S. 1897, §6542; E. S. 1894, §6243.) [1891, p. 132. Approved March 6, 1891. In force June 3, 1891.] 79. Illiterate Voters. 48. Any elector who declares that by reason of physical dis- ability or inability to read the English language, he is unable to mark his ballot, may declare his choice of candidates to the Poll Clerks, who, in the presence of the elector and in the presence of each other, shall prepare the ballots for voting in the manner hereinbefore provided, and on request shall read over to such elector the names of the candidates as marked. Any one making a false declaration under the provisions of this section shall, upon conviction, be fined in any sum not exceeding -^ve dollars and be disfranchised for a period of five years, and any Poll Clerk or Poll Clerks who shall deceive any elector in selecting or marking any ballot, or mark the same in any other way than as requested by said elector, shall be guilty of felony, and on conviction shall be imprisoned in the penitentiary for not less than two nor more than five years, and be disfranchised for any determinate period not less than five years: Provided, That before the Poll Clerk shall so prepare the ballot, of said elector, the said elector shall, m the presence of the Board, make affidavit in writing that he is un- able to read the English language, or that by reason of physical disability, setting out the particulars in which said physical dis- abilities exists, he is unable to mark his ballot. (R. S. 1901, §6244.) [1891, p. 133. Approved March 6, 1891. In force June 3, 1891.] 80. Distinguishing Marks — Penalty. 49. No Inspector of Elections, or Judge acting for an In- spector, shall deposit any ballot upon which the initials of the Poll Clerks, as hereinbefore provided for, does not appear, or any bal- lot on which appears externally any distinguishing mark, deface- ment or mutilation. If any Inspector, Judge, Poll Clerk or other person entrusted with the custody or control of any ballot or bal- lots, either before or after they have been voted, shall in any way mark, mutilate or deface any ballot or place any distinguishing mark thereon, either for the purpose of identifying the same (ex- cept by numbering protested ballots for future reference) or for the purpose of vitiating the same, he shall be guilty of a felony, and on conviction shall be imprisoned in the State's prison not more than ten nor less than five years, and fined in any sum not exceeding two thousand dollars. (R. S. 1901, §6245 ; R. S. 1897, §6544; R. S. 1894, §6245.) CONCERNING ELECTIONS. 65 [1889, p. 124. Approved March 6, 1889. In force May 10, 1889.] 81. Taking Ballots from Election Room— Penalty. 50. Any person who shall remove or attempt to remove a ballot or stamp [pencil] from the election room, or having in his possession outside the election room, any ballot or stamp [pencil] either genuine or counterfeit, during the election, shall be guilty of felony, and on conviction shall be imprisoned in the peniten- tiary not less than two nor more than five years, and be disfran- chised for anv determinate period not less than ten years. (R. S. 1901, §6246"; R. S. 1897, §6545; R. S. 1894, §6246; E. S., §13Y2.) 82. Counting and Destroying Unvoted Ballots. 51. Immediately on closing the polls, the Board shall count all the ballots remaining unvoted, record the number of the same on the tally sheets, and destrov all of such ballots by totally con- suming by fire. TR. S. 1 901,*^ §6247 ; R. S. 1897, §6546; R. S. 1894,§6247;E. S., §1373.) [1901, p. 525. Approved March 11, 1901. In force May 16, 1901.] 83. Canvassing Vote — Destroying Ballots. 7. The Election Board shall in canvassing the votes begin first with the State ballots and complete them before proceeding with the local ballot, by laying each ballot upon the table in the or- der which it is taken from the ballot box; and the Inspector and the Judge of Election differing in politics from the Inspector, shall view the ballots as the names of the persons voted for are read therefrom. And in the canvass of the votes any member of the Election Board may protest as to the counting of any ballot, or any part thereof, and any ba41ot which is not indorsed with the initials of the Poll Clerks, as provided by law, and any ballot which shall bear nny distinguishing mark or mutilation shall be void, and shall not be counted, and any ballot, or part of a ballot, from which it is impossible to determine the elector's choice of candidates, shall not be counted as to the candidate, or candidates, affected thereby; and all such ballots, together with all protested, disputed or un- counted ballots, shall be preserved by the Inspector, and at the close of the count placed with the seals of the ballot packages in paper bags securely sealed, and delivered to the Clerk of the county with notification to him of the number of ballots so placed in such bags, and of the condition of the seals of the ballot packages. The Poll Clerk [s] shall also record on the tally sheets memoranda of such ballots, and the condition of the seal of the ballot packages, and in any contest of election such ballots and seals may be sub- mitted in evidence. And before said ballots are placed in the bags bb GENERAL LAWS as aforesaid one of the Poll Clerks shall indorse upon the back of eaeh disputed or protested ballot the word '^counted" or ^'not counted," as the case may be, and said indorsement shall be signed officially by both of said Poll Clerks. On completing the connt and recording the same on the tally sheets all the remaining ballots, except those marked, mutilated or otherwise defective*, or required to be preserved as in this section hereinbefore described, shall be destroyed by the Election Board by totally consuming them by fire before adjournment, and thereupon the Election Board shall immediately make a memorandum of the total vote cast for each candidate and deliver a copy thereof to each member of such board, ^o person, other than the members of the Election Board, Poll Clerks and Election Sheriffs, and the duly authorized watch- ers representing the various political parties, shall be permitted in the room during the election, or during the canvass of the votes, except for the purpose of voting. Each of the four political parties having cast the largest vote at the election last preceding, and having a place on the official ballot shall be entitled to one watcher at each precinct, who shall bo permitted to be present during the canvass of the votes. Each watcher shall be required to present to the Election Board credentials signed by the township or county chairman of the party which said watcher represents, showing him to be the dulv authorized watcher for that party. (K. S. 1901, ^6245.) [1889^ p. 124. Approved March G, 1889. In force May 10, 1889.] 84. Penalties for Violating Election Law. 53. Any person who shall (1) falsely mark or fraudulently deface or fraudulently destroy any certificalje or petition of nomina- tion, or any part thereof; (2) file ai^y certificate or petition of nomination, knowing the same, or any part thereof, to be falsely made; or (3) suppress any petition or certificate of nomination which has been duly filed, or any part thereof; or (4) forge or falsely make the official indorsement of any ballot; or (5) print, or cause to be printed, any imitation ballot, or circulate the same ; or (6) conspire with others to do any of said acts, or induce, or attempt to induce, any other person to do any of said acts, whether or not said acts, or any of them, be committed or attempted to be committed, shall be deemed guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the State peniten- tiary not less than two nor more than five years, and be disfran- chised for anv determinate period not less than ten years. (R. S. 1901, §6249; R. S. 1897, §6548; K. S., §6249; E. S., §l^n5.) CONCERNING ELECTIONS. 67 85. Penalty for Clerk, Inspector or Messenger. 54. Any Clerk, Inspector or other messenger entrusted with the custody of the ballots who shall open any of the packages in which the ballots are contained, or permit any of them to be opened, or destro}^ any of such ballots, or permit them to be de- stroyed: or give or deliver any such packages or ballots to any person not lawfully entitled to receive them, as herein provided; or conspire to procure, or in any way aid, abet or connive at any robbery, loss or destruction of any such ballots or packages, shall be guilty of a felony, and on conviction shall be pimished by im- prisonment in the State prison for not less than three nor more than ten years, and be disfranchised for any determinate period not less than ten years. TR. S. 1901, §6250 ; R. S. 1897, §6549 ; H. S. 1894, §6250; K S.,^§1.376.) 86. Entering Election Room — Remaining Close to Polls. 55. If any person not herein authorized so to do shall enter or attempt to enter the election room, or enter or attempt to enter within the railing leading from the challenge window to the en- trance of the election room without first having been passed by the challengers, or having been sworn in as hereinbefore provided, or shall remain within fifty feet of the polling place, contrary to the provisions hereinbefore made, he shall be guilty of a misdemeanor, and on conviction thereof be fined not more than five hundred dollars. (R S. 1901, §6251; E. S. 1897, §6550; R. S. 1894, §6251 ;E. S., §1377.) 87. Inducing Voter to Put Mark on His Ballot. 56. If any person shall induce or attempt to induce any elector to write, paste or otherwise place on his ballot the name of any person or any sign or device of any kind as a distinguishing mark by which to indicate to any other person how such elector has voted, or shall enter into or attempt to form any agreement or conspiracv with any other person to induce or attempt to induce electors, or any elector, to so place any distinguishing name or mark on his ballot, whether or not said act be committed or at- tempted to be committed, such person so offending shall be guilty of felony, and, on conviction, be imprisoned not more than five nor less than two vears in the State's prison. (R. S. 1901, §6252; R. S. 1897, §6551; R. S. 1894, §6252; E. S., §1378.) 88. Revealing How Elector Voted. 57. If any person, beino; a member of an Election Board or oth.erv/ise entitled to [the J inspection of the ballots, shall reveal to 68 GENERAL LAWS any other person how any elector has voted, or what other candi- dates were voted for on any ballot bearing a name not printed thereon by the Board of Election Commissioners, or give any in- formation concerning the appearance of any ballot voted, such person so offending shall be guilty of a felony, and, on conviction, shall be imprisoned not less than two years nor more than five years in the State's prison, and be disfranchised for any determi- nate period not less than ten vears. (R. S. 1901, §6253; R. S. 1897, §6552: R. S. 1894, §6253; E. S., §1379.) 89. Inducing Member of Board to Violate This Act. 58. If any person shall induce, or attempt to induce, any member of an Election Board to violate any of the provisions of section 47 [57], whether or not such member of the Election Board shall violate or attempt to violate any of the provisions of this Act, such person so offending shall be guilty of a felony, and, on conviction, shall be imprisoned in the State's prison not less than two years nor more than five years, and be disfranchised for any determinate period not less than ten years. It shall be the duty of each Inspector to distinctly read this and the preceding section to the Election Board at the opening of the polls, and each member thereof shall thereupon take an oath that he has not vio- lated and will not violate the provisions of said section. (R. S. 1901, §6254; R. S. 1897, §6553; R. S. 1894, §6254; E. S., §1380.) 90. Removing or Destroying Election Supplies. 59. Any person who shall, during the election, remove or destroy any of the supplies or other conveniences placed in the booths as aforesaid or delivered to the voter for the purpose of en- abling thQ voter to prepare his ballot, or shall, during an election, remove, tear down or deface the cards printed for the instruction of the voters, or shall, during an election, destroy or remove any booth, railing or other convenience provided for such election, or shall induce or attempt to induce any person to commit any of such acts, whether or not any of such acts are committed or at- tempted to be committed, shall be guilty of a misdemeanor, and on conviction shall be punished by imprisonment for not less than six months nor more than one year and be disfranchised for any determinate period not less than ten years. (R. S. 1901, §6255 ; R. S. 1897, §6554; R. S. 1894, §6255; E. S., §1381.) 91. Electioneering — Revealing Vote. 60. No officer of election shall disclose to any person tlie name of any candidate for whom any elector has voted. No offi- cer of election shall do any electioneering on election day. No CONCERNING ELECTIONS. 69 person whatever shall do any electioneering on election day within any polling place, or within fifty feet of any polling place. !N"o person shall apply for or receive any ballot in any polling place other than that in which he is entitled to vote. No person shall show' his ballot after it is marked to any person in such a way as to reveal the contents thereof or the name of any candidate or can- didates for whom he has marked his vote ; nor shall any person ex- amine a ballot which any person has presented for voting or solicit the elector to show the same. ISTo person except the Inspector of Election, or Judge who may be temporarily acting for him, shall receive from any voter a ballot prepared by him for voting. 'No voter shall receive a ballot from any person other than one of the Poll Clerks ; nor shall any person other than a Poll Clerk deliver a ballot to an Inspector to be voted. ISTo voter shall deliver any ballot to an Inspector to be voted, except the one he receives from the Poll Clerk. JSTo voter shall place any mark upon his ballot or suffer or permit any other person to do so, by which it may be afterward identified as the one voted by him. Whoever shall vio- late any provision of this section shall be deemed guilty of a fel- ony, and, on conviction, shall be punished by imprisonment for not less than six months nor more than one year, and by fine of not less than one hundred dollars nor more than five hundred dollars, and be disfranchised for any determinate period not less than ten years. (K. S. 1901, §6256; E. S. 1897, §6555 >E. S. 1894, §6256 :E. S., §1382.) 92. Officer Violating His Duty. 61. Any public officer, upon whom any duty is imposed by this A-ct, who shall wilfully neglect or omit to perform such du- ties, or do any act prohibited herein, for which punishment is not otherwise herein provided, shall be deemed guilty of a felony, and, on conviction, shall be punished by imprisonment in the State'd prison for not less than six months nor more than three years, or by a fine of not more than three thousand dollars, or by both such fine and imprisonment, and be disfranchised for any determinate period not less than ten years. (K. S. 1901, §6257; E. S. 1897, §6556; E. S. 1894, §6257; E. S., §1383.) 93. Constitutional Amendments. 62. Whenever any constitutional amendment or other ques- tion is required by law to be submitted to popular vote, if all the electors of the State are entitled to vote on such question, the State Board of Election Commissioners shall cause a brief state- ment of the same to be printed on the State ballots, and the words "yes'' and "no" under the same, so that the elector may indicate his preference by stamping [marking] at the place designated in front 70 GENERAL LAWS of either word. If the question is required by law to be voted on by the electors of any district or division of the State the Board or Boards of Election Commissioners of the county or counties, including or included in such division or district, shall cause sim- ilar provision to be made on the local ballots. In case any elector shall not indicate his preference by stamping [marking] in front of either word the ballot as to such question shall be void and shall not be counted. (K. S. 1901, §6258; K. S. 1897, §6557; R S. 1894, §6258 ; E. S., §1384.) 94. Preservation of Affidavits. 63. All affidavits provided in this Act to be used on the day of election at the several polling places shall, at the close of the count, be placed in a strong paper bag, or envelope, by the Elec- tion Board and securely sealed by them, each member indorsing his natoe on the back of such bag or envelope. Such bag or en- velope shall be delivered within three d-ays after the election, by the Inspector, to the Clerk of the Circuit Court of the county, whose duty it shall be to carefully preserve the same, and deliver it, with the seal unbroken, to the foreman of the grand jury when next in session. It shall be the duty of such grand jury to in- quire into the truth or falsity of such affidavits. (R. S. 1901, §6259; R. S. 1897, §6558 ;'R. S. 1894, §6259 ; E. S., §1385.) 95. Township and County Elections. 64. When any township or county holds an election at a time other than the time of a general election, such election shall be held in conformity with the provisions of this Act, and all coun- ty and local officers who are required to perform any duties in con- nection with the general election shall perform the same duties in connection with such special or local election, subject to the same provisions and penalties herein prescribed in case of general elec- tions. (R. S. 1901, §6260; R. S. 1897, §6559; R. S. 1894, §6260; E. S., §1386.) [1891, p. 134. Approved March 0, 1891. In force June 3, 1891.] 96. City and Town Elections. (}6. Where any town or city shall hold an election at any time other than a time of a general election, such election shall be held in conformity with the provisions of this Act, except the duties herein required of the County Clerk shall be performed by the Town or City Clerk ; the duties herein required by the Board of County Commissioners shall be performed by the Town Trus- tees or City Council ; the duties of the County Sheriff shall be per- formed by the Town Marshal or Chief of Police, and the rights of nomination of election officers by political parties shall be exer- CONCERNING ELECTIONS. Yl eised by the chairman of the town or city committees of such par- ties, if any such there be. Town and city officers are hereby re- quired to perform the various duties herein prescribed by the county officers in whose stead they act, subject to the same pen- alties and provisions herein prescribed as to such county officers. The town and city Boards of Election Commissioners shall pro- vide the necessary [pencils]* stamps and ink pads for such elec- tions, and shall cause as many classes of ballots to be printed as there are wards or districts entitled to separate officers, ballots of each class having printed uniformly on the back of the same the name or number of the ward or district in which it is to be used, and containing the names of all lawfully nominated candidates for all officers that the voters of such ward or district are entitled to vote for at such election. The Commissioners of county and Trustees of townships in which such towns or cities are situated shall furnish what is necessary for use in such elections of the election furniture in their custody : Provided, That such town or city shall pay the expense of moving such furniture to and from the polling places, and also for any damage to or loss of such fur- niture. The Boards of town or city Election Commissioners shall perform all the duties in providing and preparing polling places that are required of County Commissioners, in county elections, subject to the same provisions and penalties. (E. S. 1901, §6261 ; R. S. 1897, §6560; E. S. 1894, §6261.) [1880, p. 157. Approved March 6, 1889. In force May 10, 1889.] 97. Holidays. GQ. All election days shall be legal holidays throughout the district or m.unicipality in which the election is held. (E. S. 1901, §6262; E. S. 1897, §6561; E. S.- 1894, §6262; E. S., §1388.) 98. Laws Repealed. 67. All laws and parts of laws inconsistent with the pro- visions of this Act are hereby repealed, pro tanto: Provided, however. That nothing in this Act contained shall impair the eflFeard to judge of the qualifications of voters, and shall collect or receive and shall count the ballots cast. If one or more members of the election board, or one or more freeholders among the qualified voters present shall challenge any one offering to vote, and declare under oath that such an one is not entitled to vote, giving reasons for such declaration, then, after the one offer- ing to vote and challenged as aforesaid shall have been given an op- portunity to reply and to declare under oath his qualifications, if such one or more members of such election board or such one or more freehohlers among the qualified voters present persist in their challenge and declarations, the one thus challenged shall not be allowed to vote unless a freeholder among the qualified voters present shall declare under oath that such challenged voter is en- 84 »BNBRAL LAWS titled to vote in that road district at that election. For the elec- tion of Supervisor in each road district of his township, other than the one in or nearest to which he resides, the Trustee shall name an Inspector of election, and sucli Inspector shall name two clerks, of diiferent political parties, if possible, from among the qualified voters present. Such Inspector shall be a freeholder in the road district in which the election is held. The Inspector and the two clerks shall constitute an election board to judge, as heretofore provided, of the qualifications of voters, and to receive or collect and to count the ballots cast. Such Inspector or Trustee shall be authorized to administer all necessary oaths in relation to such election. The Inspector and clerks provided for in this act shall serve without pay, but the Township Trustee shall be entitled to his regular pay for one day for the day on which the notices aforesaid are posted up and for one day for the day on which he files reports of election of Supervisors with the Auditor of the- county. The Trustees shall provide papers for the ballots and for the clerks in their count of such ballots. The Trustee or Inspector shall be present promptly at the place and hour named in the notice of election, and if the said Trustee or In- spector shall not appear within fifteen minutes after the time set, then the qualified voters present shall select a freeholder from their number as Inspector. The polls shall close two hours after the Trustee or Inspector shall have announced that the polls are open, if all voters present have voted, or have been given an opportunity to vote, provided that the election board may close the polls sooner if all voters present have voted or have been given an opportunity to vote, and no vote has been cast for ten minutes. Immediately upon the announcement that the polls are closed, the election board shall proceed to count the ballots, and during the count all voters shall be excluded from the room in which the count is made, ex- cepting only the election board and two watchers, who may be named, one by each of the clerks. The person receiving the high- est number of votes cast shall be deemed to be elected. Only those ballots shall Ke counted which contain the name of but one person, and mistakes in spelling or in initials shall not prevent the ballot from being counted where the intent of the voter is evident ; all counted or uncounted ballots shall be preserved under seal by the Trustee until June following the day of election. Ballots may be either written or printed. AVhen the count is completed the Trustee or Inspector shall at once announce the result and the Trustee shall issue a certificate to the person so elected. The In- spector of each district other than that of which the Township Trustee is Inspector shall file with such Trustee the report of. election in his district, together with all papers and ballots. The CONCERNING ELECTION!. S5 Trustee shall within three days file with the Auditor of such county a report of all elections of Supervisors held in such Trus- tee's township, which report shall be certified to, in the case of each road district, by the members of the" election board in such district. (R. S. 1905, §6831.) 137. Illegal Votes. 2. Repealed Acts 1905, page 566. [1881, p. 482. Approved April 21, 1881. In force September 19, 1881.] 138. Canvass — Inspector's Duties. 58. The board of judges shall count the votes given for each person for each office, and certify the result, and the Inspector shall file one of the poll books and tally sheets, with ballots on a string, in the Clerk's office of the county, within ten days after such election. If two or m.ore have the highest and an equal number of votes for the same office, such judges shall, when the result is certified, determine by lot the person entitled to the office, and the next day, the Inspectors shall make out and deliver to the person elected, when demanded, a certificate for each person elected to any office in said township, except Justice of the Peace : Provided, That, if there be more than one precinct in said town- ship, then the Inspectors of the several precincts shall meet, on the day folloAving the election, at the office of the Township Trus- tee, at as near ten o'clock a. m. as is practicable, and compare the poll books and certificates thereto held by them, and having ag- gregated the vote of the township, declare and certify the result ; and if two or more persons have the highest and an equal number of votes for the same office, they shall determine, by lot, which shall be declared elected, and give a certificate accordingly. (R. S. 1901, §6292; R. S. 1897, §650-1; R. S. 1894, §6292; R. S. 1881, §4736.) [Acts 1905, p. 193.] 139. Tally Papers. The tally papers for township elections shall be kept separate and apart from those upon which are recorded the votes cast for candidates for State, district and county offices, and the vote for toAvnship offices shall be canvasi^ed as heretofore provided by law : Provided, however. That in all townships having more than ten (10) voting precincts the vote thereof for toAvnship officers shall be canvassed by the county Board of Canvassers as herein pro- vided for all county elections. (R. S. 1905, §6275e.) 86 GENERAL LAWS [1880, p. 344. Approved March 9, 1889. In force May 10. 1889. J 140. Certificates. 59. Such certificate shall entitle the holder to qualify and enter upon his discharge of the duties of the office to which he is elected, at the expiration of ten days from the day of such elec- tion, except that of Township Trustee and Township Assessor, who shall enter upon the duties of their offices on the first Monday of August follov/ing such election, and also except that the certificates of election of Justices of the Peace shall be forwarded by the In- spector aforesaid to the Clerk of the Circuit Court, who shall cer- tify the result for that office to the Secretary of State. (E. S. 1901, §6293; R. S. 1897, §6595; K. S. 1894, §6293.) ARTICLE 4— RE-COUNTING. SKC. SEC. 141. When candidate may have. 144. Certificate of re-count. 142. Proceedings to obtain. 145. Adjournments forbidden— Pay— Bal- 143. Order for re-counting — How con- lots, how preserved. ducted. [1881, S., p. 482. Approved April 21, 1883,. In force September 19, 1881. J 141. When Candidate May Have. 61. At any thue within ten days after the Thursday next, succeeding any election, any candidate for office at such election, desiring to contest the same, may petition, in writing, the Circuit Court, if in session, or the Judge thereof in vacation, for a re-count of the ballots cast at such election, by three commis sioners, appointed by the Court or Judge, two of whom shall be from different political parties: Provided, That such ap- pointments shall be made from the political parties which cast the highest number of votes at the last preceding general elec- tion. (E. S. 1901, §6294; R. S. 189Y, §6596; E. S. 1894, §6294; E. S. 1881, §4738.) 1. This and the succeeding four sections may be considered as re- pealed. 142. Proceeding to Obtain. 62. Upon the petition of such candidate, duly verified, showing that he desires to contest such election, and honestly believes that there was a mistake or fraud committed in the official coimt, and that he desires a re-count of the ballots cast at said election for the office for which he was a candidate, and upon proof that he has served a written notice upon the oppos- ing candidate of the time and place of such application, fivo days before the hearing, and upon his furnishing a written un- dertaking, with sufficient freehold surety, that he will pay all the costs of such re-count, the Court or Judge shall grant tho OONOEENING ELECTIONS. 87 prayer of said petition and order said re-count to be made. (R. S. 1901, §6295; R. S. 1897, §6597; R. S. 1894, §6295; R. S. 1881, §4739.) 143. Order for Re-counting — How Conducted. 63. In appointing such commissioners to make said re-count, the Court shall fix the time within which the same shall com-, mence, not exceeding thirty days thereafter, and the Clerk of the Circuit Court shall act as the clerk of said commissioners. The order shall provide that each of the candidates may be present during said recount; and two qualified voters of the county, selected by each of said candidates, may also be present, and may witness the re-count of the vote, and such witnesses shall conduct themselves in a quiet and orderly manner, and shall not interrupt said commissioners while in the discharge of their duties. Such order shall be entered on the order book of the Circuit Court. (R. S. 1901, §6296; R. S. 1897, §6598; R. S. 1894, §6296; R. S. 1881, §4740.) 144. Certificate of Re-count. 64. When said re-count is finished, the commissioners, or a majority of them, shall make out a certificate, under their hands, stating the number of votes that each of said candidates has re- ceived for said office in each township and precinct, and which of said candidates, as shown by the said re-count, received the highest number of votes, and what his majority or plurality was ; and said certificate shall be filed with the Clerk of the Circuit Court and recorded in the order book of said Court. Such certificate, or the record thereof, may be used as evidence of the facts therein re- cited upon the trial of any contest of said election between said candidates. (R. S. 1901, §6297; R. S. 1897, §6599; R. S. 1894, §6297; R. S. 1881, §4741.) 145. Adjournments Forbidden — Pay — Ballots, How Preserved. 65. No adjournment shall be had until said re-count is fin- ished and said certificate is made out and filed. Said commission- ers shall each be allowed, and paid by said petitioners, at the rate of three dollars per day, each, for their services. Said Clerk shall, as soon as such re-count is completed, replace said ballots in the ballot boxes, securely lock and seal them, and keep them as above provided. For his services in the matter of such re-count, said Clerk shall receive from such petitioner the sum of five dollars. (R. S. 1901, §6298; R. S. 1897, §6600; R. S. 1894, §6298; R. S. 1881, §4742.) 88 GENERAL LAWS ARTICLE 5— CONTEST. SEC. SEC. 146. Who may contest. 160. 147. Contest for State office. 161. 148. Notice. 162. 149. Committee to try— Powers. 163. 150. Contesting seat of Legislator. 151. Depositions. 164. 152. Notice to coutestee. 165. 153. Powers of Justices. 166. 154. Vacancy. 167. 155. Meeting of Justices— Their duty. 168. 156. Clerk's duty. 169. 157. Duty of Secretary of State. 170. 158. Depositions, when read. 171. 159. Causes for contest. Election, when not set aside. Contest for local offices. Notice by Auditor to Clerk. Notice to County Board and < testee. Subpoenas — Trial of contest. Appeals. Duty of Court on appeal. Voters compelled to testify. Fees and costs. Commissioner to take testimony. Contest for municipal offices. Appeal to Supreme Court. [1881, S., p. 482. Approved April 21, 1881. In force September 19, 1881.] 146. Who May Contest. 66. The election of any person declared elected by popular vote to any office, whether State, connty, township, or municipal, may be contested by any elector who was entitled to vote for such person. The person contesting such election shall be known as the contestor; the person whose election is contested, as the contestee. (R S. 1901, §6299; R S. 1897, §6601; R S. 1894, §6299; R S. 1881, §4743.) 147. Contest for State Office. 67. When such elector may choose to contest the election 'of any State officer, elective by the people, he shall, within twenty days after the first day of the next session of the General Assem- bly thereafter, deliver to the presiding officer of the House of Rep- resentatives specifications of the grounds of such contest; which specifications shall be verified by the affidavit of such electors. (R S. 1901, §6300; R S. 1897, §6602; R S. 1894, §6300; R S. 1881, §4744.) 148. Notice. 68. As soon as such presiding officer receives such specifi- cations, he shall m.ake out a notice of contest, which, together with a copy of the specifications, he shall cause to be directed and de- livered to the person whose election is contested ; and shall imme- diate! v give notice to both Houses that such specifications have been received. CR S. 1901, §6301; R S. 1897, §6603; R S. 1894, §6301; R S. 1881, §4745.) 149. Committee to Try — Powers. 69. Each House shall choose, by a viva voce vote, seven members of its own body; and the members thus selected shall constitute a committee, to try and determine such contested elec- tion ; and for that purpose shall hold their meetings publicly, at the capitol, at such time and place as they may designate, and may CONOBRNIIfG ELECTIONS. 89 adjourn from day to day, or to a day certain, until such trial shall be determined. They shall have power to send for persons and papers and to take all necessary means to procure testimony, ex- tending like privileges to the contestor and the contestee ; and shall report their judgment in the premises to both branches of the General Assembly; which report shall be entered on the journals of the respective Houses, and the judgment of such committee shall be conclusive. If such election be adjudged invalid, such office shall be vacant. (E. S. 1901, §6302; E. S. 1897, §6604; E. S. 1894, §6302; E. S. 1881, §4746.) 150. Contesting Seat of Legislator. 70. Any such elector who may choose to contest the election of any person declared elected to a seat in the Senate or House of Eepresentatives shall, within ten days after such election, lile with the Clerk of the Circuit Court of the county in which the al- leged cause of contest originated, a statement of the grounds of contest on which he relies, and that he was entitled to vote at such election, verified by his affidavit. (E. S. 1901, §6303 ; E. S. 1897, §6605 ; E. S. 1894, §6303 ; E. S. 1881, §4747.) 151. Depositions. 71. When such statement shall be filed, such Clerk shall issue a commission directed to two Justices of the Peace of his county, not of kin to the contestor nor to any person who was a candidate at such election for the office the election to which is con- tested, to meet at such time and place as shall be specified in such commission, not less than twenty nor more than thirty days from the time of issuing: the same, for the purpose of taking the depo- sitions of witnesses. (E. S. 1901, §6304; E. S. 1897, §6606; E. S. 1894, §6304; E. S. 1881, §4748.) 152. Notice to Contestee. 72. Written notice of such contest, specifying the time and place of taking depositions and before whom to be taken, and a copy of such statement, certified by such Clerk, shall, within ten days after such statem.ent shall have been filed, be delivered to the contestee, or, if he can not be found, shall be left at his last and usual place of residence by the Sheriff of the county, who shall return to such clerk a certified copy of such notice, with the manner and time of service indorsed thereon, for which he shall receive from the contestor the same fees allowed in writs of sum- mons. (E. S. 1901, §6.305; E. S. 1897, §6607; E. S. 1894, §6305 ;E. S. 1881, §4749.) 90 GENERAL LAWS 153. Powers of Justices. 73. Either of such Justices shall have power to issue sub- poenas, to be served by the Sheriff; and when met at the time and place appointed to take depositions, shall have the same power to issue attachments and assess fines against witnesses as is given to Justices in the trial of suits instituted before them. (R. S. 1901, §6306; R. S. 1897, §6608; R. S. 1894, §6306; R. S. 1881, §4750.) 154. Vacancy. 74. If either of the Justices first appointed becomes unable to proceed in such examination, such Clerk shall fill the vacancy with any other Justice of the county. (R. S. 1901, §6307; R. S. 1897, §6609; R. S. 1894, §6307; R. S. 1881, §4751.) 155. Meeting of Justices— Their Duty. 75. Such Justices shall meet at the time and place appointed, take and certify such depositions as in other cases, and may ad- journ from time to time, and Avhen the same is closed, shall de- liver the depositions, with the commission, to such Clerk. (R. S. 1901, §6308; R. S. 1897, §6610; R. S. 1894, §6308; R. S. 1881, §4752.) • 153. Clerk's Duty. 76. Such Clerk shall seal up the depositions, original state- ment of the grounds of contest, the copy of the notice served on the contestee, and the commission issued to such Justices, indorse thereon the names of the contesting parties and the branch of the Legislature before which such contest is to be tried, and transmit the same, by mail, to the Secretarv of State. (R. S. 1901, §6309 ; R. S. 1897^ §6611 ; R. S. 1894, §6309 ; R. S. 1881, §4753.) 157. Duties of Secretary of State. 77. The Secretary of State, on or before the second day of the session of the General Assembly held next thereafter, shall de- liver such depositions to the presiding officer of the proper House, who shall immediately lay the same before such House. (R. S. 1901, §6310; R. S. 1897, §6612; R. S. 1894, §6310; R. S. 1881, §4754.) 158. Depositions; When Read. 78. At any time after notice of contest, and before final de- termination, either party may take depositions to be read on trial, under the rules regulating the taking of depositions to be read in the Circuit Court : and such depositions shall be sent, by mail, to the Secretary of State, who shall deliver the same, unopened^ to CONCERNING ELEOtlONS. 91 the presiding offiror of tlio proper House. (R. S. 1901, §6311 ; R. S. 1897, §6618; R. S. 1894, §6311; R. S. 1881, §4755.) 159. Causes for Contest. 79. Any election, the contest of which is provided for in this Act, maj be contested for any of the following causes : First. For irregularity or malconduct of any member or officer of the proper board of judges or canvassers. Second. When the contestee was ineligible. Third. When the contestee, previous to such election, shall have been convicted of an infamous crime, such conviction not having been reversed nor such person pardoned at the time of such election. Fourth. On account of illegal votes. CR. S. 1901, §6312; R. S. 1897, §6614; R. S. 1894, §6312; R. S. 1881, §4756.) 160. Election, When Not Set Aside. 80. Xo irregularity or malconduct of any member or officer of a board of judges or canvassers shall set aside the election of any person, unless such irregularity or malconduct was such as to cause the contestee to be declared elected when he had not re- ceived the highest number of legal votes; nor shall any election be set aside for illegal votes, unless the number thereof given to the contestee, if taken from him, would reduce the number of his legal votes below the number of legal votes given to some other person for the same office. CR. S. 1901, §6313; R. S. 1897, §6615; R. S. 1894, §6313; R. S. 1881, §4757.) 161. Contest for Local Offices. 81. All contests for county and township offices shall be tried in the proper county; and all contests for district and circuit offices, not otherwise provided in this Act, shall be tried in the county giving the largest vote for such office at such election ; and whenever any elector shall choose to contest such election he shall file with^ the Auditor of the proper county, within ten days after such person has been declared elected, a written statement specif y- msr the grounds of contest, verified by the affidavit of such elector. (R. S. 1901, §6314; R. S. 1897, §6616; R. S. 1894, §6314; R. S. 1881, §4758.) 162. Notice by Auditor to Clerk. 82. When such statement is filod with the Auditor of the proper county he shall immediately give notice, in writing, to the Clerk of the Circuit Court, that the election to such office is contested ; and when the office of County Auditor is con- 92 GENERAL LAWS tested, such statement shall be filed with the Clerk, who shall do the duties otherwise required by this act of the Auditor. The filing of such statement shall be notice to him. (K. S. 1901, §6315; R S. 1897, §6617; E. S. 1894, §6315; K S. 1881, §4759.) 163. Notice to County Board and Contestee. 83. When such statement is filed with the Auditor he shall issue a notice to the Board of County Commissioners to meet at the court house at a designated time, not less than ten nor more than twenty days thereafter, to try such contested election, and shall issue a notice to the contestee to appear at the time and place specified in the notice to the Commissioners ; which, with a copy of such statement, shall be delivered to the Sheriff of the county, who shall, within five days thereafter, serve the same on the contestee, by delivering to him a copy of such notice and statement or leaving a copy thereof at his last usual place of residence. (E. S. 1901, §6316; E. S. 1897, §6618; E. S. 1894, §6316; E. S. 1881, §4760.) 164. Subpoenas — Trial of Contest. 84. The Auditor, at the request of either party, shall issue subpoenas, which shall be served by the Sheriff. Such Board of Commissioners shall try and determine such contest; and shall have power to compel the attendance of witnesses, to swear and examine the same, to punish contempts as other Courts, to adjourn or continue the trial from time to time, not exceeding twenty days altogether; to make the necessary orders for the payment of costs, and to coerce the payment of the same, and shall be governed in such trial by the rules of law obtaining in Circuit Courts. And if it be proved that any other person than the contestee has the highest number of legal votes, such board shall declare such person elected, and certify the same to the proper officer. (E. S. 1901, §6317; E. S. 1897, §6619; E. S. 1894, §6317: E. S. 1881, §4761.) 165. Appeals. 85. Appeals may be taken herein, as from other decisions of fmch board: Provided, That the same be taken within ten days. (E. S. 1901, §6318 ; E. S. 1897, §6620 ; E. S. 1894, §6318 ; E. S. 1881, §4762.) 166. Duty of Court on Appeal. 86. If upon such appeal the Circuit Court confirm such election, a certificate thereof shall issue ; if such election be an- nulled, and no other persons declared elected to the same office. CONCERNING EI.ECTIONS. 91^ it shall be declared vacant. (R. S. 1901, §6319 ; R. S. 1897, §6621 ; R. S. 1894, §6319 ; R. S. 1881, §4763.) 167. Voters Compelled to Testify. 87. Any witness who voted at such election, when called to testify in any such case, shall be required to answer touching his qualifications ; and if he was not a qualified elector he shall be re- quired to answer for whom he did vote, and such admission shall not be used against him in any prosecution for illegal voting. (R. S. 1901, §6320; R. S. 1897, §6622; R. S. 1894, §6320 ; R. S. 1881, §4764.) 168. Fees and Costs. 88. The Sheriff, Auditor, Clerk and Justices of the Peace, for services rendered by them in case of contested elections, shall receive from the party at whose instance such services are performed, the fees usually allowed for similar services in other cases ; which fees shall be taxed as costs against the losing party, a 11(1 collected as other costs are taxed and collected. (R. S. 1901, §6321; R. S. 1897, §6623; R. S. 1894, §6321; R. S. 1881, §4765.) 169. Commissioner to Take Testimony. 89. The Court trying the cause, at the request of the con- testor and contestee, in writing, or upon the application of either party, supported by affidavit showing that a saving of expenses to the parties, the convenience of the witnesses, and the ends of justice will be promoted thereby, may appoint a commissioner to take the testimony of witnesses, in writing, at any time be- fore the final hearing and shall provide, in the order of appoint- ment, that each party shall give reasonable notice to the other of the time and place of such taking. Such commissioner shall have power to subpoena and compel the attendance of witnesses residing in the county; and it shall be his duty to take down, in writing, all the testimony offered by the parties, and to note all objections to the testimony; and he shall report the same to the Court trying the cause within the time limited by the order appointing him. (R. S. 1901, §6322; R. S. 1897, §6624; R. S. 1894, §6322; R. S. 1881, §4766.) 170. Contest for Municipal Office. 90. All contests for municipal offices shall be tried before the Circuit Court of the proper county in the manner provided by law for the contest of county and township offices. The Clerk of the Circuit Court shall be the person with whom the notice of the contest shall be filed, and he shall perform all tho y4 GENERAL LAWS duties required to be performed by him and the Auditor in other cases, and the contest shall be set down for trial at the next term of such Circuit Court. (R. S. 1901, §6323; R. S. 1897, §6625; R. S. 1894, §6323; R S. 1881, §4767.) 171. Appeal to Supreme Court. 91. In all cases of contested elections where an appeal has been taken from the Board of County Commissioners to the Cir- cuit Court, either party feeling aggrieved by the judgment of said Court may appeal therefrom to the Supreme Court, as in other civil cases. The appeal bond in such cases shall be in a penalty sufficient to secure any damage which may accrue by a stay of proceedings upon the judgment. And whenever, by rea- son of such appeal, a party may be exclvided from the office to which he may be entitled, pending such appeal, the principal and sureties in said bond shall be liable thereon foi' the amount of the emoluments of the office to the party deprived thereof. (R. S. 1901, §6324; R. S. 1897, §6626; R. S. 1894, §6324; R. S. 1881, §4768.) ARTICLE a— TO SP^CURE PURITY OF ELECTIONS. SEC. SET. 172. Illegal voter. 190. Seizing ballot box. 173. Voting in wrong precinct. 191. Destroying ballot box or ballots. 174. Nonresident voting. 192. Inducing voter to re-sign petition. 175. Importing voters. 193. Selling signature to petition. 176. Voting more than once. 194. Fraud at special election. 177. Bribery to secure nomination. 195. Buying votes at sneeial election. 178. Bribing voter. ♦ 196. Bribing to procure election. 179. Ground of challenge— Affidavit. 197. Bribing election officers. 180. False affidavit. 198. Betting on election. 181. Ballot box breaking— Altering re- 199. Inducing minor to bet on election. turns. 200. Selling liquors on election day. 182. Fraud by officer. 201. Druggist selling liquor on election 183. Altering returns. day. 184. Refusing to receive vote. 202. Penalty for selling or offering to 185. Officer persuading voter. sell vote. 186. Officer opening or marking ticket. 203. Penalty for buying or offering to 187. Deceiving illiterate voter. 204. Witnesses. [buy votes. 188. Defrauding voter. 205. Acts repealed. 189. Using violence, threats or restraint. 206. Repealed. 11881, S., p. 174. Approved April 14, 1881. In force September 19, 1881.1 172. Illegal Voter. 263. Whoever, not having the legal qualifications of a voter at any election authorized by law to he held in this State for any officer whatever, votes or offers to vote at such election, shall be fined not more than five hundred dollars nor less than ten dollars, imprisoned in the county jail not more than one year nor less than one month, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period. (R. S. 1901, §2322; R. S. 1897, §2362; E. S. 1894, §2322; R. S. 1881, §2179.) CONCERNING ELECTIONS. 95 173. Voting in Wrong Precinct. 264. Whoever knowingly votes or offers to vote in any pre- cinct or ward except the one in which he resides, shall be fined not more than five hundred dollars nor less than ten dollars, im- prisoned in the county jail not more than one year nor less than one month, and disfranchised and rendered incapable of holding anv office of trust or profit for any determinate period. (R. S. 1901. §2323; R. S. 1897, §2363; R. S. 1894, §2323; R. S. 1881, §2180.) 174. Nonresident Voting. 265. Whoever passes from any other State into this State, and votes or attempts to vote at any voting precinct or Avard of this State, not being at the time a bona fide resident of such voting precinct or ward, shall be fined not more than one thousand dol- lars nor less than fifty dollars, imprisoned in the State prison not more than five years nor less than one year, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period. (R. S. 1901, §2324; R. S. 1897, §2364; R. S. 1894, §2324; R. S. 1881, §2181.) 175. Importing Voters. 266. Whoever hires or solicits any person to come from any State into this State for the purpose of voting at any election therein or to pass from any county to another county, or from any township into another township, or from any voting precinct or ward into another voting precinct or ward of the State, for the purpose of voting therein at any election held therein (such per- son, so solicited, not being a legal voter in such county, township, ])recinct or ward), shall be fined not more than one thousand dol- lars nor less than fifty dollars, imprisoned in the State prison not more than five years nor less than one year, and disfranchised and rendered incapable of holding any office of trust or profit for anv determinate period. fR. S. 1901, §2325 ; R. S. 1897, §2365 ; R.'S. 1894, §2325; R. S. 1881, §2182.) 176. Voting More Than Once. 267. Wlioever votes more than once at any election in this State, either nt the same ])recinct or ward or at different precincts or wards, shall be fined not more than one thousand dollars nor less than fifty dollars, imprisoned in the State prison not more than five years nor less than one year, and disfranchised and ren- dered incapable of holding any office of trust or profit for any de- terminate period. (R. S. 1901, §2326; R. S. 1897, §2366; R. S. 1894, §2326; R. S. 1881, §2183.) 96 ©BNBRAL LJLWl [1889, p. 267. Approved March 9, 1889. In force May 10, 1889.] 177. Bribery to Secure Nomination. 1. Any person being a candidate for nomination to any office of profit or trust under the Constitution or laws of this State, or of the United States, before any convention held by any political party, or at any primary election, who loans, pays or gives, or promises to loan, pay or give any money or other thing of value to any delegate or elector, or any other person, for the purpose of securing the vote or influence of such delegate, elector or person for his nomination, and whoever hires or otherwise employs for con- sideration any person to work for the nomination of any person to any office, or to work for the selection of any delegate to be chosen at any party convention or primary election, shall, upon conviction thereof, be fined in any sum not more than five hun- dred dollars, and disfranchised and rendered incapable of hold- ing any office of profit or trust within this State for any deter- minate period, and if nominated shall be ineligible to hold such office. (K. S. 1901, §2827; K. S. 1S97, §2367; K. S. 1894, §2327; E. S., §319.) 178. Bribing Voter. 2. Whoever, being a candidate for any office, loans or gives, directly or indirectly, or offers or promises to loan or give any money or other thing of value to any elector for the purpose of influencing or retaining the vote of such elector, or to induce such elector to work or labor for the election of such candidate, or to refrain from working or laboring for the election of any other candidate, or to any person, to secure or to retain the influence or vote of such elector in his behalf as such candidate, or to be used by such person in any way to influence the vote of any elector, or of electors generally, for himself or any candidate or ticket, and whoever hires or otherwise employs for consideration any per- son to work at the polls on election day for the election of any candidate to be voted for at such election, shall be fined in any sum not more than one thousand nor less than three hundred dol- lars, and shall be disfranchised and rendered incapable of holding any office of profit or trust within this State for any determinate period, and a violation of any provision of this section by any person elected to such office shall render his election void, and if he has taken the office, upon conviction shall operate as a vacation of the same. (E. S. 1901, §2328; R S. 1897, §2368; K. S. 1894, §2328; E~. S., §320.) 179. Ground of Challenge— Affidavit. 5. At any election held under and pursuant to any law of this State, it shall be a ground of challenge that any person offer- CONCEBIflNO BLKCTIONl. 97 ing to vote has used or attempted to use money or other means to buy, hire or induce any elector to vote or refrain from voting for any candidate or candidates, or has advised, counseled or suggested bribery of any elector or electors at any such election, whether the same has been acted on or not; or has sold or offered to sell his vote for any candidate or candidates, at any such election. And when so challenged such elector shall not be permitted to vote until he has taken and subscribed the following: State of Indiana, ) County, j I, do solemtily swear (or affirm) that I have not used or attempted to use any money or other means to buy, hire or induce any person or persons to vote or refrain from voting, or to remain away from the polls at this election; and that I have not counseled, advised, suggested or procured any person or persons to bribe any elector or electors to vote for any candidate or candi- dates^ or to refrain from voting, or to remain away from the polls at this election, and that I have not sold or offered to sell my vote, either directly or indirectly, at this election. Subscribed and sworn to before me this day of ,18.. (R. S. 1901, §2331; R. S. 1897, §2371; R. S. 1894, §2331; E. S., §323.) 180. False Affidavit. 6. Whoever shall wilfully or knowingly make a false affida- vit under this Act shall be guilty of perjury and punished accord- ingly. All affidavits made under the preceding sections shall be filed with the Board of Election and preserved by such Board in the manner as other similar affidavits and papers are preserved. (R. S. 1901, §2332; R. S. 1897, §2372; R. S. 1894, §2332; E. S., §324.) 1. Section 7 repeals Sections 1, 2, 3 and 5 of Acts of March 17, 1885 (1885, page 93). The same section repeals 2184 and 2185 of R. S. 1881. 181. Ballot Box Breaking — Altering Returns. 8. Any person not duly authorized by law who shall, dur- ing the progress of any election in this State, or after the closing of the polls and before the ballots are counted and result ascer- tained, or within six months thereafter, break open or violate the seals or locks of any ballot box, paper envelope or bag in which ballots have been deposited at or after such election, or who shall obtain possession of such ballot box, paper envelope or bag con- taining such ballots, and cancel, withhold or destroy the same, or 7 98 GENEEAL LAWS who shall fraudulently or forcibly add to or diminish the number of ballots legally deposited therein, or who shall fraudulently make any erasure or alteration of any kind upon any tally sheet, poll book, list of voters or election return deposited therein, shall be fined in any sum not more than one thousand nor less than five hundred dollars, and imprisoned in the State prison not more than ten nor less than two years, and disfranchised and rendered in- capable of holding any office of profit or trust in this State for any determinate period. (E. S. 1901, §2333 ; E. S. 189Y, §2373 ; E. S. 1894, §2333; E. S., §326.) [1881, p. 174. Approved April 14, 1S81. In force September 19, 1881.] 182. Fraud by Officer. 2T0. Whoever, being a Township Trustee, Inspector, Judge of election, or Clerk of election, takes out of the ballot box any ballot legally deposited therein, for the purpose of destroying the same or substituting another in its place, or after the same has been legally taken out, intentionally destroys or misplaces the same with the intent to substitute another ballot therefor, or Avith the intent to prevent the same from being counted at such election ; or knowingly enters upon the poll books the name of any person who has not legally voted at such election ; or intentionally tallies any vote to any candidate not voted for by such ballot; or permits any one of these acts to be done, — shall be fined not more than one thousand dollars nor less than fifty dollars, imprisoned in the State prison not more than five years nor less than one year, and disfranchised and rendered incapable of holding any office of trust for anv determinate period. (II. S. 1901, §2334; E. S. 1897, §2374; E. S. 1894, §2334; E. S. 1881, §2186.) 183. Altering Returns. 271. Any Township Trustee, Inspector or any person acting for- or on behalf of any Trustee or Inspector while forming a Board of Canvassers or before the canvassing of any Board of Canvassers or after the adjournment of any Board of Canvassers, who shall, with intent to cheat and defraud, alter any election re- turn as made by the Election Board of any voting precinct, either by increasing the vote of any candidate or reducing the same ; or shall intentionally destroy, misplace, or lose any poll book or tally sheet; or any Clerk of Court, who shall, with intent to cheat and defraud, change or alter in any way the vote of any candidate as returned by the Board of Canvassers ; or any such Trustee, In- spector, Clerk, or Deputy Clerk, or other ])erson acting for such persons who shall consent to the same being done, or who shall permit the same to be done, — shall be fined not more than one thousand dollars nor less than fifty dollars, imprisoned in the CONCERNING ELECTIONS. 99 State prison not more than five years nor less than one year, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period. (R. S. 1901, §2335; R. S. 1897, §2375; R. S. 1894, §2335 ; R. S. 1881, §2187.) 184. Refusing to Receive Vote. 272. Whoever, being an Inspector or Judge of any election held within this State, knowingly and wilfully, or corruptly, re- fuses or neglects to receive the vote of any legal voter at any election held within this State, shall be fined not more than five hundred dollars nor less than fifty dollars, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period. (R. S. 1901, §2336; R. S. 1897, §2376; R. S. 1894, §2336; R. S." 1881, §2188.) 185. Officer Persuading Voter. 273. Whoever, being an Inspector, Judge, or Clerk of an election, attempts to induce, by persuasion, menace, or reward, or promise thereof, any elector to vote for any person, shall be fined not more than one hundred dollars nor less than ten dollars. (R. S. 1901, §2337; R. S. 1897, §2377; R. S. 1894, §2337; R. S. 1881, §2189.) 186. Officer Opening or Marking Ticket. 274. Whoever, being a Judge, Inspector, Clerk, or other officer of an election, opens or marks, by folding or othenvise, any ticket presented by such elector at such election; or attempts to find out the names thereon ; or suffers the same to be done by any other person before such ticket is deposited in the ballot box, — shall be fined in any sum not more than one hundred dollars nor less than ten dollars, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period. (R. S. 1901, "§2338; R. S. 1897, §2378; R. S. 1894, §2338; R. S. 1881, §2190.) 187. Deceiving Illiterate Voter. 275. Whoever furnishes an elector who can not read the English language, at any election held pursuant to law, with a ticket which such person shall repr^feent to such elector as con- taining a name different from the one printed or written thereon, shall be fined not more than one hundred dollars nor less than ten dollars, and disfranchised and rendered incapable of holding any office of trust or profit for anv determinate period. (R. S. 1901, §2339; R. S. 1897, §2e379 ;" R. S. 1894, §2339; R. S. 1881, §2191.) 100^ aENERAL LAWS 188. Defrauding Voter. 276. Whoever fraudulently causes or attempts to cause anv elector, at any election held pursuant to law in this State, to vote for a person different from the one he intended to vote for, shall be fined not more than one hundred dollars nor less than ten dol- lars. (K. S. 1901, §2340; K. S. 1897, §2380; R S. 1894, §2340; R S. 1881, §2192.) 189. Using Violence, Threats or Restraint. 277. Whoever, for the purpose of influencing a voter, seeks, by violence or threats of violence or threats to enforce the pay- ment of a debt; or to eject or threatens to eject from any house he may occupy; or to begin a criminal prosecution; or to injure the bu.siness or trade of an elector ; or, if an employer of laborers or an agent of such employer, threatens to withhold the wages of or to dismiss from service any laborer in his employment ; or re- fuses to allow to any such employe, time to attend at the place of election and vote, — shall be fined not more than one thousand dol- lars, nor less than twenty dollars, imprisoned in the State prison not more than five years nor less than one year, and disfranchised and rendered incapable of holding any office of trust or profit for anv determinate period. (R S. 1901, §2341 ; R S. 1897, §2381 ; R^S. 1894, §2341; R S. 1881, §2193.) 190. Seizing Ballot Box. 278. Whoever, at any election, unlawfully, either by force, fraud, or other improper means, obtains or attempts to obtain pos- session of any ballot box, or any ballots therein deposited, while the voting of such election is going on or before the ballots are duly taken out of such ballot box and counted by the Election Board according to law, shall be fined not more than one thousand dollars nor less than fifty dollars, imprisoned in the State prison not more than five years nor less than one year, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period. (R. S. 1901^ §2342 ; E. S. 1897, §2382 ; R S. 1894, §2342; R. S. 1881, §2194.) 191. Destroying Ballot Box or Ballots. 279. Whoever unlawfully destroys or attempts to destroy any ballot box used, or any ballot or vote deposited, or any poll book kept at any election, shall be fined not more than one thou- sand dollars nor less than fifty dollars, imprisoned in the State prison not more than five years nor less than one year, and dis- franchised and rendered incapable of holding any office of trust or profit for anv determinate period. (R. S. 1901, §2343 ; R. S. 1897, §2383; R S. 1894, §2343; R S. 1881, §2195.) CONCERNING ELECTIONS. 101 192. Inducing Voters to Re-sign Petition. 280. Whoever, by persuasion, menace, or reward, or prom- ise thereof, induces or attempts to induce any legal voter ef any county to re-sign any written or printed petition for the re-loca- tion of the county-seat of any county or any remonstrance against such re-location, shall be fined not more than five hundred dollars nor less than ten dollars, to which may be added imprisonment in the county jail not more than six months nor less than ten days, and he shall be disfranchised and rendered incapable of holding anv office of trust or profit for any determinate period. (R. S. 1901, §2344; R. S. 1897, §2384; R. S. 1894, §2344; R. S. 1881, §2196.) 193. Selling Signature to Petition. 281. Whoever, being a legal voter of any county, sells or bar- ters or offers to sell or barter for money, property, or thing of value, or for any promise or hope of reward, given or offered by any person, his signature to any written petition for the re-location of any county-seat, or to any remonstrance against such re-location, shall be fined not more than five hundred dollars nor less than ten dollars, to which may be added imprisonment in the county jail not more than six months nor less than ten days, and he shall be disfranchised and rendered incapable of holding any office of trust or profit for any determinate period. (R. S. 1901, §2345 ; R. S. 1897, §2385; R. S. 1894, §2345; R. S. 1881, §2197.) 194. Fraud at Special Election. 282. Whoever votes more than once at any election for the re-location of any county-seat, or for aid to any railroad, either at the same precinct, or at different precincts, shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined in any sum not more tlian fifty dollars nor less than ten dollars. (R. S. 1901, §2346; R. S. 1897, §2386; R. S. 1894, §2346; R. S. 1881, §2198.) 195. Buying Vote at Special Election. 283. Whoever buys or offers to buy, either by himself or by any other person, or furnishes any money or any other means to be used, or who shall permit his money or other means to be used, to hire, buy, or induce any person to vote for or against the removal of a county seat, or for or against the appropria- tion of aid to any railroad; or whoever attempts to induce any person to vote for or against such removal or appropriation, by offering any reward or favor, — shall be deemed guilty of a mis- demeanor. And whoever, being a voter of this State, sells or bar- ters or offers to sell or barter, for any money or property, or any ■'J02 ,; •/" .''^^;\" ' ! :> . '■ GENERAL LAWS thing of value, or any promise or hope of reward given or offered by any person or persons, his vote for the removal or for the re- location of a county seat, or against such removal or re-location, or against such appropriation or in favor of such appropriation for said railroad, shall be deemed guilty of a misdemeanor. And, upon conviction of violating any provisions of this section, the per- son so offending shall be fined in any sum not more than one hun- dred dollars nor less than twenty-five dollars, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period not exceeding five vears. (R. S. 1901, §2347; R. S. 189Y, §2387; R. S. 1894, §2347; R. S. 1881, §2199.) 196. Bribing to Procure Election. 284. Whoever gives or offers a bribe, threat, or reward to procure his election to any office under the Constitution of the laws of this State, shall be fined not more than one thousand dol- lars nor less than fifty dollars, and imprisoned in the State prison not more than five years nor less than one year; and such person so offending, if elected to such office, shall be disqualified from holding office during the term for which he may have been elected, and also disfranchised for any determinate period. (R. S. 1901, §2348; R. S. 1897, §2388 j^'R. S. 1894, §2348; R. S. 1881, §2200.) [Acts 1905, p. 695. Approved March 10, 1905.] 197. Bribery of Election Officers. 478. Whoever, with intent to corrupt a grand or petit juror or a grand or petit jury, referee, master-commissioner, arbitrator, umpire, commissioner, to sell lands or to make a partition of lands, appraiser of real estate or personal property, county com- missioner, mayor of a city, or member of the Common Council or other officer of any city, or Trustee of any incorporated town. Trustee of any civil or school to^vnship, school, city or town, or any Inspector, Judge or Clerk of election, or to influence him or them with respect to the discharge of his or tbeir duty, either be- fore or after he or they are summoned, elected, appointed quali- fied or sworn, promises or offers him or them any money or val- uable thing; and whoever, either before or after he is summoned, elected, appointed, qualified or sworn as a grand or petit juror, referee, master-commissioner, arbitrator, imipire, commissioner to sell lands or to make partition of lands, appraiser of real estate or personal property, county commissioner, mayor of a city, or member of the Common Council or other officer of any city, trustee of any incorporated town, trustee of any civil or school CONCERNING ELECTIONS. 103 township, school city or town, or Inspector, Judge or Clerk of election, solicits or accepts any money or other valuable thing to influence him with respect to the discharge of his duties as such, shall, on conviction, be imprisoned in the State prison not less than two years nor more than fourteen years, fined not ex- ceeding one thousand dollars, and disfranchised and rendered incapable of holding any office of trust or profit for any de- terminate period. (R. S. 1905, §2123.) [Acts 1005, p. 717. Approved March 10, 1905.] 198. Betting on Elections. 561. Whoever makes any bet or wager, or sells or pur- chases any pools on the results of any election held under the laws of this State, or upon the result of any State election, or upon the election of any person to any office, post or situation, or upon the election of President or Vice-President of the United States, or of Senators or Representatives in Congress, or of any elector of President or Vice-President of the United States, or sells or purchases any pools on the result of any horse race, or trial of speed between men or animals, or of any game, shall, upon conviction, be fined not less than five dollars nor more than one hundred dollars, to which may be added imprisonment in the county jail not less than ten days nor more than three months. (R. S. 1905, §2205.) [Acts 1905, p. 71G. Approved March 10, 1905.] 199. Inducing^ Minor to Bet on Elections. 559. Whoever, being an adult, by any device or pretense, entices any person under the age of twent}^-one years, knowing such person to be a minor, to engage in any game whatever for money or property of any value, or plays or bets at or upon any game or wager, or upon the result of any game or election, with a minor, knowing him to be such, shall, on conviction, be fined not less than five dollars nor more than one hundred dollars, to which may be added imprisonment in the county jail not less than thirty days nor more than one year. (R. S. 1905, §2203.) [Acts 1005. p. 721. Approved March 10, 1905.] 200. Liquor — Sellings on Election Day. 579. Whoever shall sell, barter or give away, to be drunk as a beverage, any spirituous, vinous, malt, or other intoxicating liquors, upon Sunday, the Fourth of July, the first day of Jan- nary, the twenty-fifth day of December, commonly called Christ- mas, Thanksgiving day as designated by proclamation of the Gov- ernor of this State, or the President of the United States, or any legal holiday, or upon the day of any State, county, town- 104 GENERAL LAWS ship, primary or municipal election in the township, town or city where the same may be holden, or between the hours of eleven o'clock p. m. and five o'clock a. m., shall, on conviction, be fined not less than ten dollars nor more than fifty dollars, to which may be added imprisonment in the county jail or work- house not less than ten days nor more than sixty days. (R. S. 1905, §2226.) [Acts 1905, p. 722. Approved March 10, 1905.] 201. Druggist Selling Liquor on Election Day. 580. It shall be unlawful for any druggist or druggist's clerk to sell, barter, or give away any spirituous, vinous, malt or other intoxicating liquor on Sunday, or upon the Fourth of July, the first day of January, the twenty-fifth day of Decem- ber, commonly called Christmas, Thanksgiving day, or any legal holiday, or upon the day of any State, county, township, primary or municipal election in the township, town or city where the same may be holden, or between the hours of eleven o'clock p. m. and five o'clock a. m. of any day, unless the person to whom the same is sold, bartered or given shall have first procured a written prescription therefor from some regular practicing physician of the county where the -same is sold, bartered or given away. And any person so offending shall, on conviction, be fined not less than ten dollars nor more than fifty dollars, to which may be added imprisonment in the county jail or workhouse not less than ten days nor more than sixty days. (R. S. 1905, §2227.) [Acts 1905. p. 481. Approved March 0, 1905.] 202. Penalty for Selling or Offering to Sell Vote. 2. AYhoever sells, barters, or offers to sell or barter hi.^ vote or offers to refrain from voting for any candidate for any office to be voted for at any election held in this State, either for any money or property or thing of value or for any promise or favor or hope of reward, given or offered by any candidate to be voted for at any election held in this State or by any other person or persons, shall be fined in any sum not more than fifty dollars and disfranchised and rendered incapable of holding any ofiice of trust or profit for a period of ten years from the date of such conviction. (R. S. 1905, §2279.) [Acts 1905, p. 481. Approved Marcli 0. 1905. J 203. Penalty for Buying Votes. 1. That whoever, directly or indirectly, hires, buys or of- fers to hire or buy, or furnish any money or other means to be CONCERNING ELECTIONS. 105 used, or directs or permits his money or other means to be used, or handles any money or other means, knowing the same to be used to induce, hire, or buy any person to vote or refrain from voting any ticket or for any candidate for any office, to be voted for at any election held in this State ; or whoever attempts to in- duce any person to vote or to refrain from voting for any can- didate for any office to be voted for at any election held pur- suant to law or at any primary held in this State, by offering sucli person any reward or favor, shall be fined in any sum not more than fifty dollars and disfranchised and rendered incapable of holding any office of trust or profit for a period of ten years from the date of such conviction. (R. S. 1905, §2278.) [Acts 1905, p. 482. Approved March 6, 1905.] 204. Witnesses. 3. Any person called as a witness to testify against an- other for the violation of any of the provisions of sections one or two of this act, is a competent witness to prove the offense, although he may have been concerned as a party, and he shall be compelled to testify as other witnesses, but such evidence shall not be used against him in any prosecution for such or any other offense growing out of matters about which he testifies, and he shall not be liable to trial by indictment or information or pun- ished for such offense. (R. S. 1905, §2280.) [Acts 3905, p. 482. Approved March 6, 1905.] 205. Repeal. 4. That the act entitled "An act to procure the purity of general, special and primary elections and conventions, prescrib- ing punishment for the violation thereof, and reward for con- viction of violations of the provisions thereof, and to repeal sec- tions three (3), four (4), five (5) and six (6) of an act entitled ^An act concerning elections and nominating conventions, to main- tain political purity and prescribing punishment for any viola- tion thereof,' approved March 9, 1889, and an act entitled ^An act to secure the purity and freedom of the ballot and to re- peal Sections one (1), two (2), three (3) and five (5) of an act entitled 'An act to protect the ballot box, to procure fair elec- tions, to prevent the purchase or sale of votes, to provide means of proving such offenses, prescribing the penalty therefor and repealing Sections 268 and 269 of an act concerning public of- fenses and their punishment, approved April 14, 1881, beins: Sections 2184 and 2185 of the revised statutes of 1881, and repealing all laws and parts of laws in conflict with the pro- 106 GENERAL LAWS visions of this act, approved March 9, 1889, and an act con- cerning public offenses and their punishment, approved March 8, 1897, and all laws and parts of laws in conflict with the pro- visions of this act, approved March 4, 1899, be and the same is hereby repealed. (R. S. 1905, §2281.) 206. Repealed. See Acts 1905, p. 482. CONCERNING ELECTIONS. 107 CHAPTER 4. SEC. 207. 208. 209. 210. 211. 212. ELECTORS— PRESIDENTIAL. SEC. When chosen. 213. Deputy Marshals— Vacancies. Notice— How and by whom given. 214. Duties of Marshals and Secretaries Certificate to Marshal. of State. Return-districts. 215, Meetinj? of Electors— Vacancies. Duty of Governor. 216. Vote of Electors, Affidavit of Marshal. 217. Pay of Electors and Marshals. [1 R. S. 1852, p. 516. Approved May 20, 1852. In force May 6, 1853.] 207. When Chosen. 1. The qualified electors of the State shall, on Tuesday following the first Monday in ]N"ovember, in the year 1852, and on Tuesday following the first Monday in N'ovember in every fourth year thereafter, elect Electors of President and Vice-President of the tlnited States; which election shall, in all respects, be gov^- erned by the law regulating general elections. (R. S. 1901, §6340; R. S. 1897, §6642; R. S. 1894, §6340; R. S. 1881, §4769.) 208. Notice — How and by Whom Given. 2. The Sheriff of each county shall give notice of the time of holding such elections, together with the number of Electors to be elected, by publishing such notice in some news- paper within the county, or by written or printed notices to be set up at the usual places of holding elections in the respective townships, at least twenty days preceding the time of holding such elections. (R. S. 1901, §6341 ;.R. S. 1897, §6643; R. S. 1894, §6341; R. S. 1881, §4770.) 209. Certificate to Marshal. 3. Boards of elections in the several townships or precincts shall make out certificates, under their hands, certifying in words, the number of votes that each person received for Elector; and the same shall be* attested by the clerks of said election, sealed in the presence of such judges, and put into the hands of the selected judges, who shall, on the ensuing Thursday, deliver the same to the Clerk of the Circuit ' Court, or, in his absence, to his deputy, or in their absence, to the Sheriff, who shall in the presence of such judges in attendance, between the hours of twelve iand'six, of said day, compare the different returns, and make out, in words, a certificate of t^e number of votes each cnnrlidate for Elector received in the county; which certificate shall be signed by the Clerk, deputy, or Sheriff officiating, and 108 GENERAL LAWS be sealed with the seal of the Circuit Court of the county, and delivered by such Clerk, deputy, or Sheriff to the Marshal ap- pointed to convey the same to the seat of government. (R. S. 1901, §6342; R. S. 1897, §6644; R. S. 1894, §6342; R. S. 1881, §47.71.) 210. Return-Districts. 4. Each congres'sional district shall compose one return- district, and shall be numbered as the districts are numbered when the votes are taken. (R. S. 1901, §6343; R. S. 1897, §6645; R. S. 1894, §6343; " R. S. 1881, §4772.) 211. Duty of Governor. 5. The Governor shall, before the first day of October in each year in which such election is to be held, appoint some citizen in each district as Marshal, who shall hold his office until the duties required of him by this Act are performed. (R. S. 1901, §6344; R. S. 1897, §6646; R. S. 1894, §6344; R. S. 1881, §4773.) 212. Affidavit of Marshal. 6. Each Marshal, before the first Monday in November following, shall make an affidavit on the back of his appointment that he will, without fraud or delay, perform the duties required of him by this Act. (R. S. 1901, §6345 ; R. S. 1897, §6647 ; R. S. 1894, §6345; R. S. 1881, §4774.) 213. Deputy Marshals — Vacancies. 7. Such Marshals may appoint deputies, who shall make the same affidavit on the back of their appointment as is required of Marshals ; and vacancies occurring in the office of Marshal, by removal from the State or otherwise, shall be filled by the Judge of the Circuit Court of the county in which such Marshal resided. (R. S. 1901, §6346; R. S. 1897, §6648 ; R. S. 1894, §6346; R. S. 1881, §4775.) 214. Duties of Marshal and Secretary of State. 8. Each Marshal or his deputy shall visit the county-seats of the counties in his district, receive the returns thereof from the Clerks, deputies, or Sheriffs officiating, and deliver the same, on the fourth Monday in I^ovember following, between the hours of nine and eleven of said day, to the Secretary of State, who, in the presence of the Governor and all the Marshals in at- tendance, between the hours of twelve and six o'clock on said day, shall compare such certificates and read aloud the num- ber of votes each person has received, and make out an ab- stract of the persons voted for, and the number, in words, of «ONCBKNIN« SLBGTIONS. lOd votes given to each; and the Governor shall forthwith make out and transmit, by mail, to the persons having the highest number of votes, certificates of their election. But, if more than the number of persons to be elected have the greatest and an equal number of votes, then the election of those having an equal num- ber of votes shall be determined by lot, drawn by the Secretary of State in the presence of the Govenior and Marshals. (R. S. 1901, §6347; R. S. 1897, §6649; R. S. 1894, §6347; R. S. 1881, §4776.) 215. Meeting of Electors — Vacancies. 9. Such Electors shall assemble in the chamber of the House of Representatives, on the first Monday in December, or such other day as may be fixed by Congress to elect such President and Vice-President, at the hour of ten o'clock a. m., and the Governor shall then and there deliver to the Electors present a certificate of the names of all the Electors ; and if any Elector fail to appear before eleven in the morning of said day, the Electors present shall by ballot, by a majority of all present, fill such vacancy; which election shall be forthwith certified by a majority of the Electors to the Governor, who shall immediately notify such person of his election. (R. S. 1901, §6348; R. S.'^1897, §6650; R. S. 1894, §6348; R. S. 1881, §4777.) 1. By an Act of Congress the Electors meet now on the second Mon- day in January next following their appointment (or election) at the place where the Legislature meets. 2 R. S. U. S., p. 527; 24 U. S. at Large 373. 216. Vote of Electors. 10. Such Electors when so assembled, and such vacancies are so filled, shall then and there proceed to vote, by ballot, for President and Vice-President of the United States, and perform the duties required bv the Constitution and laws of the United States. (R. S. 190f, §6349; R. S. 1897, §6651; R. S. 1894, §6349; R. S. 1881, §4778.) 217. Pay of Electors and Marshals. 11. The compensation of such Electors and Marshals shall be audited by the Auditor of State, and paid by the State Treas- urer out of any moneys not otherwise appropriated, as follows, to. wit: Such Electors as attend shall receive the same per diem and mileage as members of the General Assembly ; each Marshal shall be allowed ten cents for every mile he shall travel in collect- ing said returns, and in going to and from the seat of government, to be computed by the nearest and most usual route from county- seat to county-seat, and to the seat of government to and from the countv-seat of the county in wliioli ho ro>^idcs. (R. S. 1901, §6350: R. S. |.S07, ^cr.nS; K. S. IMDl, §6350; K. S. 1««1, §1779. "i 110 GENERAL LAWS CHAPTER 5. VOTING WITH MACHINES. 218. Commission. 234. Recording roll. 219. Examine macliines— Report. 235. Custody of Keys. 220. Construction and assignment of ma- 236. Laws applicable. cliines. 237. Officers neglect of duty, penalties. 221. Purcliasing macliines. 238. Injuring machine or ballots. 222. Paying for macliines. 239. False affidavit. Using distingTiishing marks, penal- 223. Bribing County Commissioners. 240. 224. School Commissioners. ties. 225. Election rooms. 241. Officers tampering with machine 226. Illiterate voters. penalty. 227. Ballot label. 242. False returns, penalty. 228. Sample ballot. 243. Cities and towns may use ma 229. Duties of the Inspector. chines. 230. Irregular ballots. 244. Experimental use. 231. Conduct of voter. 245. Printing ballots, when. 232. Announcement of result. 246. Laws repealed. 233. Locking machines. [Acts 1901, p. 591. Approved and in force March 15, 1901. J 218. Commission. 1. There is hereby constituted a body to be known as the Indiana Voting Machine Commission. It shall consist of three members, competent and responsible persons, one of whom shall be a mechanical expert, not more than two of whom shall be mem- bers of the same political party, and none of whom shall have any pecuniary interests in any voting machine. Their term of office shall be four years from the date of appointment. They and their successors shall be appointed by the Governor, who shall have power to remove a Commissioner at any time and to fill all vacan- cies. The first Commissioner shalLbe appointed within thirty days after the taking effect of this act. The Commissioners shall qual- ify by taking an oath in writing, to support the Constitution of the United States and of the State of Indiana, and to faithfully and honestly discharge their duties and filing the same in the office of the Auditor of State; and all such examinations shall be public. (K. S. 190i; §6326.) 219. Examine Machines — Report. 2. Any person or corporation owning or being interested in any voting machine, may apply to said Commission to exami, city or toA^Tl, as the case may be, to nomi- nate candidates to be voted for at the next ensuing election, in said 134 GENERAL LAWS county, township, city or town, as the case may be, under the pro- visions of this Act, by a direct vote of the electors at a primary election, or by delegate convention, then a statement in writing of such determination of said committee, verified by the chairman and secretary thereof, shall be filed in the office of the Clerk of the Circuit Court of the county. City Clerk or Town Clerk, or To^vnship Trustee, as the case may be, then all candidates for office to be voted for on the ticket of said party at the next ensuing election in said county, city, town or township, and delegates to a convention to nominate such officers shall be chosen under and by the provisions of this Act, not otherwise, and all the provisions of this Act shall be applicable thereto, and also said bill be amended by numbering Section 25 Section 26. (E. S. 1901, §6339al.) [Acts 1905, p. 122. Approved March 3, 1905.] 272. Counties with City of 36,500 to 43,000— Primary Election- Date. 1. That on the first Tuesday after the second Monday in June prior to any general election a primary election shall be held for the purpose of nominating all candidates to be voted for, for any office, by the electors of only one county or any subdivision thereof; and for the purpose o,f electing precinct committeemen and delegates to nominating conventions, to nominate all candi- dates to be voted for by the electors of more than one county: Provided, further. That in case of any election not held on the first Tuesday after the first Monday in l*^ovember, the primary election for such elections shall be held on the seventh Tuesday prior thereto; that this act shall not apply to the election of dele- gates to any national, state or congressional convention, nor to any political party which did not cast ten per cent, of the votes cast at the last preceding general election for Secretary of State, nor to any county except such as contained within its limits a city having a population of not less than thirty-six thousand five hundred, nor more than forty-three thousand, according to the last precedina; United States census. (K. S. 1905, §6339bl.) 273. General Laws Applied. 2. Such primary election shall be governed by the laws now in force or hereafter enacted governing general elections, except as in this Act expressly otherwise provided. (K. S. 1905, §6339cl.) 274: Precinct Boundaries — Election of Committeeman and Dele- gates. 3. The boundaries of precincts at any primary election shall be the same as at the ensuing general electiou. Each po- CONCEKNING ELECTIONS. 135 litical party, within the purview of thib act, shall, at such primary election, elect, in each precinct, one precinct committeeman and as many delegates, or joint delegates, to each nominating convention of the party as may be allotted to the precinct by the county cen- tral committee of the party. Such committee shall also have pow- er to appoint precinct committeemen and delegates to nominating conventions, in case of vacancies occurring, in any of said offices subsequent to such primary election, and to allot the election of delegates to the several precincts or to any group or groups of precincts within a single township of the county, which allot- ment shall be made as nearly as practicable according to the ratio of the party vote of such precincts for Secretary erf State at the last preceding general election. 'No person shall be eligible by election, or by appointment, to the office of precinct commit- teeman or delegate to any nominating convention, or to hold or continue in any such office who is not an elector and bona fide resi- dent of the precinct or group of precincts he represents. (R. S. 1905, §6339dl.) 275. Application by Candidates — Filing — Fee. 4. Any person desiring to be a candidate at any such pri- mary election shall file with the Clerk of the Circuit Court at least fifteen and not more than twenty days prior to such election, an application, subscribed and sworn to by him, stating his name, name of his party, his place of residence, the office he desires, that he is eligible thereto, and requesting that his name be placed upon the ballot for the ensuing primary election as a candidate for such office. Such application shall be filed and numbered in the same orders in which they are presented. If the office sought be lucra- tive the person filing such application shall therewith pay to such Clerk the sum of twenty-five dollars, if the annual emoluments of the office desired exceed five hundred dollars, otherwise, ten dol- lars, the same to go into and be used as a fund to defray the ex- penses of such election: Provided, That any fifty. electors of the county may, at any time not less than fifteen nor more than twen- ty days prior to such primary election, by a petition filed with the said Clerk, present as a candidate for any office to be voted for at such election any citizen who is eligible to such office ; and on the payment of the fees above prescribed his name shall be placed upon the ballot as in case of individual applications. (K. S. 1905, §6339el.) 276. Color of Tickets. 5. The names of all persons to be voted for, at any primary election, by the electors of a single township or any subdivision thereof, excepting at the primary elections of towns and cities, 136 GENERAL LAWS shall be placed upon the yellow, or township, ballot; and the names of all persons to be voted for at such election, by all the electors of a single county, shall be placed upon the white, or coun- ty, ballot. (§6339fl.) 277. Primary Ballots— Form. 6. Primary election ballots shall bear on their face no word, emblem, device or ornamentation except as in this section indi- cated and provided. Across the head of the ballot shall be the words, "Make a cross thus X in the square at the left of the name of each person you wish to vote for; and vote only for candidate of one political party." Following these words shall be the list of candidates, headed by words indicating the party to which such candidates belong; each list, together with the squares at the left of the names, enclosed within a rectangle ; the names of all candi- dates for the same office grouped together ; each group separated from the group following by a black-faced line ; the groups, in all the lists standing in the same order; with equal space allowed, in all the lists, to groups for the same office. At the head of each group of candidates and within the rectangle enclosing the group shall be the name or title of the office for which the persons named in the group are candidates, preceded by the word 'Tor," and in case more than one person is to be elected to such office, followed by the words, "Vote for ," filling the blank with the word indicating the number to be voted for. The names of all candidates in each group shall be placed in the same order in which the applications were filed. Candidates for election as committee- men and delegates to nominating conventions shall be grouped at the end of the list of candidates in the following order: Joint senatorial, joint representative and precinct committeemen. The space allowed for the name of each candidate shall be three-eighths of an inch. The squares at the left of the names shall be one- quarter of an inch. The intention of this section is that the said ballots shall be in the following form : CONCERNING ELECTIONS. 137 "Make a cross, thus X in the square at the left of the name of each person you wish to vote for; and vote only for candidates of one political party." DEMOCRATIC CANDIDATES. REPUBLICAN CANDIDATES. For D n D For n D D For D D For n a (R. S. 1905, §6339 gl.) 278. Qualification of Voter. 7. Any person who shall be entitled to vote at any general election shall be entitled to vote at the preceding primary election ; but if any voter attempts to vote for any of the candidates of more than one political party, at any primary election, such attempt shall be deemed to be a distinguishing mark and shall invalidate the ballot. (R. S. 1905, §6339hl.) 279. Booths— Closing of Polls. 8. There shall be provided, in each precinct, at least one additional booth, for each two hundred voters in the precinct in excess of three hundred, and the polls may be kept open until eight o'clock p. m. : Provided, That if more than fifteen minutes pass at any time after six o'clock p. m. without the offer of a vote the polls shall be closed. (R. S, 1905^, §633911.) 138 GENERAL LAWS 280. Nominees — How Determined. 9. The person, in each party, Avho receives at anv primary election, the highest number of legal votes for any public office, shall be the nominee of his party for said office at the ensuing general election; and the person receiving the highest number of legal votes for any party office, shall be declared to be the choice of his party for such office. If two or more persons shall receive the highest and an equal number of votes for the same office, tlio canvassing board shall immediately, upon the con:^lusion of a count and before certifying the result determine by lot tlie person entitled to the office. Certificates of election shall be given by the Town- ship Board of Canvassers to the persons elected to party offices, and the nomination of candidates for public offices irhall be certi- fied by the proper township or county canvassing board, as in case of nominations by conventions. (11. S. 1905, §6339jl.) 281. City or Town Officers. 10. In case of any primary election, preceding any general election in any city or town for the election of city or town officers only, any person desiring to be a candidate at such primary elec- tion shall file his application with the city or town clerk ; and the duties of this act required to be performed by township and county officers and boards, shall be performed by corresponding city or town officers and boards. (E. S. 1905, §6339kl.) 282. Contest. 11. Any elector v/ho had a right to vote for any candidate, at any such primary election, may contest the election of such candidate before the County Central Committee of the party to which the contestee belongs, which committee, in case of a contest, shall meet at the court house on the second Tuesday following such election and proceed summarily to hear and determine such contest, and its decision shall be final. The contestor, on or before the first Tuesday after such election, shall file with the Clerk of the Circuit Court his exceptions in duplicate, stating the grounds of the contest. The Clerk shall immediately publish notice of such contest in some newspaper of the county, send notice thereof by m.ail to each member of such central committee and cause a certified copy of such exceptions to be delivered to the contestee. For the purpose of such contest all papers returned by boards of elections shall be preserved until such contests are decided. (R. S. 1905, §633911.) 283. Repeal. 12. All laws and parts of laws in conflict with this act are hereby repealed. [Acts 1905, p. 122.1 CONCERNING ELECTIONS. 139 CHAPTER 7. SCHOOL COMMISSIONERS. SKC, SEC. 284. Board of School Cominissiouers. 1:86. Term of office— Nomiuatioiis. 285. Qualiticatious of members. 287. Organization of first Board. [1899, p. 434. Approved and in force March 4, 1899.] 284. Board of School Commissioners. 1. The government of common schools in cities of one hun- dred thousand or more inhabitants, according to the last United States census, shall be vested in a Board of School Commission- ers, which shall consist of five School Commissioners. The said Board of School Commissioners shall have and exercise all the powers now conferred by an Act of the General Assembly of this State, approved March 3, 1871, entitled "An Act providing for a general system of common schools in all cities of thirty thousand or more inhabitants, and for the election of a Board of School Conmiissioners for such cities and defining their duties and pre- scribing their powers, and providing for common school libraries within such cities," and all acts amendatory thereof and supple- mental thereto; and also all powers now conferred by law on Boards of School Commissioners in cities of thirty thousand or more inhabitants, according to the United States census of 1870, as well as the powers now conferred by law on Boards of School Commissioners in cities of one hundred thousand or more inhabit- ants, except as otherwise herein provided. And said Board of School Commissioners provided for by this act shall assume, pay and be liable for all the indebtedness and liabilities of Boards of School Commissioners heretofore elected under the above de- scribed acts. (R. S. 1901,.§3904x.) 285. Qualifications of Members. 2. The nrembers of such Board of School Commissioners shall be at least twenty-five years of age, residents of the city, and shall have been such residents for at least three years immediately preceding their election. They shall be ineligible to any elective or appointive office under such Board of School Commissioners and under, the government of such city while holding membership in said Board. They shall not be interested in any contract with or claim against the school city in which they are elected, either di- rectly or indirectly. If at any time after the election of any mem- ber of said Board, he shall become interested in any such contract with or claim against said school city, he shall thereupon be dis- 140 GENERAL LAWS qualified to continue as a member of said Board, and a vacancy shall thereby be created. Every member of said Board shall, be- fore assuming the duties of his office, take an oath before some one qualified to administer oaths that he possesses all of the quali- fications-required by this Act, that he will honestly and faithfully discharge the duties of his office, that he will not, while serving as a member of such Board, become interested, directly or in- directly, in any contract with or claim against said school city, and that he will not be influenced during his term of office by any con- sideration of politics or religion or anything except that of merit and fitness in the appointment of officers and the engagement of employes. No compensation shall be received by members of the Board, but they shall be exempt from jury duty during their term of office. (R. S. 1901, §3904y.) [Acts 1903, p. 5. Approved January 29, 1903.] 286. Term of Office— Nominations. 3. The said Board of School Commissioners shall be elected, except as specified in Section four of this act, on a general ticket for the term of four years, by the voters of such city qualified to vote at its city elections. The members of such Board shall be elected at the regular city election of such civil city, and shall be taken from the city at large without reference to districts, and such elections shall be held under the provisions of the general laws governing such city elections, so far as they are not incon- sistent with the provisions of this act. The expense of such elec- tion, except that of printing the ballots, shall be borne by the civil city. Not later than forty days before any election for members of the Board of School Commissioners, provided for in this act, householders of said city may present names of candidates for elec- tion as members of said Board of School Commissioners by filing the nominations in the office of the comptroller of said city in the • manner following: Each candidate shall be proposed in writing by not fewer than three hundred householders of said city. No more than one candidate may be named in any one petition and no person may sign more than one petition for any one election. Upon the filing of such petitions in the office of the comptroller, as aforesaid, the comptroller shall place the same in the public files of his office and for five days, the last of which shall be not less than thirty days before the election, he shall publish the names proposed in two daily newspapers of the city, and at the time re- quired by law shall certify such nominations to the regular Board of Election Commissioners for said city election. Any one thus nominated may withdraw his nomination by a written declination filed with the comptroller before the certification of the same as aforesaid. The comptroller shall not certify or publish the name CONCERNING ELECTIONS. 141 of any candidate who shall appear to be ineligible under the pro- visions of Section 2 of this act. The election commissioners shall prepare ballots the color and quality of whose paper shall be the same as that of the regular city ballots. The ballots so prepared shall contain the names of all such candidates arranged in alpha- betical order in columns according to the following method. The names of candidates for each term shall be printed in a separate column, those for the regular term in the first column and those to fill vacancies in the second column, and such names shall be printed upon the ballots in rotation in such manner, as nearly as possible, that the name of each candidate shall appear at the head of the column for his term, whether the regular or the vacancy term, as often as that of any other such candidate shall so appear, and in the second place a like number of times, and so on. In printing the ballots, the positions of the several names shall be changed as many times as there are candidates to be voted for. In changing the positions, the printer shall take the name at the head of the column and put it at the foot, raising the remainder of the column so that the name that was second before the change shall be first after the change. After the ballots are printed they shall be kept in separate piles, one pile for each change of position, and then gathered by taking one from each pile and placing it upon the pile to be blocked in such a way that every block of one hundred ballots (and all ballots shall be sent out in blocks of one hundred each) shall have as nearly as possible an equal number of ballots of each kind, and the name of each candidate thereon shall appear severally in first, second, third and fourth place, and so on, upon the several ballots an equal number of times with each of the other candidates for the said term. There shall be nothing on the face of said ballots except as otherwise provided herein and except the names of the candidates and the respective terms for which they are candidates, together with a square in front of each name and a statement at the head of each column of the number of candidates for that term for whom the elector may vote, and that the elector shall indicate his choice by marking a cross in the square opposite the name of each candidate for whom he votes, and not elsewhere. Such ballots shall be voted at the regular city election and deposited in a separate ballot box to be provided for the purpose. Each elector may vote for as many candidates as there are members to be elected by marking a cross in the square opposite the name of each candidate for whom he votes. ISio elec- tion officer, challenger, or poll-book holder shall indicate to any elector offering himself to vote what he believes or understands to be the political affiliation of any candidate for School Commis- sioner. The candidates, in number equal to the number of mem- bers to be chosen, for the respective terms for which they shall 142 GENERAL LAWS have been nominated, who have the highest number of votes of those cast for such term, shall be declared elected. If at any elec- tion a member is to be chosen to fill a vacancy and to serve out an unexpired term, candidates may be chosen as above provided, but they shall in all cases be nominated or proposed for such vacancy and designated in the petition and on the ballot as candidates to fill such vacancy, and the date of the expiration of the unexpired term shall be stated. The vacancies in said Board of School Com- missioners shall be filled temporarily by the Board as soon as prac- ticable after such vacancy occurs. Such member so chosen shall hold office until his successor be elected and qualified. His suc- cessor shall be elected at the next regular city election, when the vacancy shall be filled for the remainder of the term. Any per- son violating any of the provisions of this section shall be fined upon conviction in any sum not exceeding two hundred dollars. (R S. 1905, §3656.) 287. Organizatian of First Board. 4. At the city election occurring on the second Tuesday of October, 1899, five members of the Board of School Commission- ers shall be elected to serve as herein provided. They shall as- sume office on the first day of January, 1900, and shall meet at the office of the present Board of School Commissioners of such city at twelve o'clock noon, and shall proceed to organize. Within one week after the organization of said elected Board they shall meet to divide themselves by lot, in such manner as they shall determine, into two classes, as follows : The first class, consisting of three members, shall hold office through the 31st day of De- cember, 1901. The second class, consisting of two members, shall hold office through the 31st day of December, 1903. Thereafter, regular elections of members of the Board of School Commission- ers shall occur at the regular city elections, held on the second Tuesday of October of each alternate 3^ear. In tlie year 1901, and every fourth year thereafter, three members shall be elected. In the vear 1903, and every fourth year thereafter, two members shall be elected. (R. S. 1901, §3904al.) Note — The remainder of this act has nothing to do with the election of School Commissioners or their qualifications. CONCERNING ELECTIONS. 143 CHAPTER 8. CITY AND TOWN ELECTIONS. SEC. SEC. 288. Survey and map. 304. Vacancy in board. 289. Census. 305. Dissolution proceedings. 290. Survey, map and census made pub- 306. Unions of adjoining cities or towns lie. —Procedure. 291. Application to County Commission- 307. Eligible to office. ers. 308. Eligible to vote. 292. Hearing and order. 309. Voting precincts. 293. Notice to voters, County Auditor. 310. Petition, census. 294. Polls, how long open. 311. Election board, duties, ballots, re- 295. Election Board. turns. 296. Election, effect, expenses. 312. Town becomes city, wards, terms 297. Ward boundaries. of office. 298. Corporation, election notice. 313. City officers, terms, jurisdiction, 299. Election inspectors. successors. 300. Election precincts. ' 314. City judge, election, term, etc., .301. Elective officers, terms. jurisdiction. 302. Wlien elected, tie vote, certificate. 315, Water works, gas worlis, etc., 303. Clerk Circuit Court, record fee. l)0uds, public utilities, elections. [Acts 1905, p. 219. Approved March 6, 1905.] 288. Survey and Map. 1. That persons intending to make application for the in- corporation of a toA^Ti, as hereinafter provided, shall cause an accurate survey and map to be made of the territory proposed to be embraced within the limits of such town. Such survey shall be made by a practical surveyor, and shall show the courses and dis- tances of the boundaries of such territory, and the quantity of land contained therein ; and the accuracy of the survey and map shall be verified by the affidavit of the surveyor, written thereon or attached thereto. 7r S. 1905, §3767.) 289. Census. 2. Such persons shall also cause an accurate census to be taken of the resident population of such territory, as it may be on some day not more than thirty days previous to the time of pre- senting such application to the Board of Commissioners, as here- inafter provided ; which census shall exhibit the name of every head of a family residing within such territory on such day, and the number of persons then belonging to every such family; and the census shall be verified by the affidavit of the persons taking the same. (R S. 1905, §8768.) 290. Survey, Map and Census Made Public. 3. Such survey, map and census, when completed and veri- fied, shall be left at some convenient place within such territory, for examination by those having an interest in the organization of such town, for a period of not less than twenty days before the 144 GENERAL LAWS presentation of the application to the Board of Commissioners of the county. ^^Totice of the intention to present such application and of the place where the same is left for examination, shall be given by publication once in some newspaper published within such territory, if any there be, and, if not, by posting in three public places therein, which notice by publication or posting shall be given not less than twenty days before the first day of the regu- lar session of the Board of Commissioners at which such applica- tion is to be presented. (E. S. 1905, §3769.) 291. Application to County Commissioners. 4. Such application shall be by petition to the Board of Commissioners of the county in which such territory or the greater part thereof is situated, which petition shall be subscribed by not less than one-third of the whole number of the qualified voters re- siding within such territory, as shown by such census. The peti- tion shall set forth the boundaries of the territory, the quantity of land embraced therein and the resident population, and shall be duly verified by one or more of the petitioners. Such petition, together with the survey, map and census, shall be filed with the county Auditor at or before the time indicated in the notice of application, and shall by such Auditor be presented to such county board, and be acted upon by the* board as soon thereafter as the same can be considered. (R S. 1905, §3770.) 292. Hearing and Order. 5. The Board of Commissioners, in hearing such applica- tion, shall first require proof that the survey, map and census were subject to examination in the manner and for the time required by Section three of this act, and that the notice in said section pre- scribed was duly given ; and if such Board be satisfied that the re- quirements of this act have been fully complied with, it shall make an order declaring that such territory shall, with the assent of the qualified voters thereof, as hereinafter provided, be an in- corporated town, by the name specified in such application, pro- vided such name differ from that of every other town in the State ; and the Board shall include in such order a requirement for notice of a meeting of the qualified voters resident in the territory, at a convenient place therein, to be named by the Board, and on a day within one month after such order, to determine whether such territory shall be an incorporated- town. (K. S. 1905, §3771.) 293. Notice to Voters — County Auditor. (>. The county Auditor, in pursuance of such order of the Board, shall give ten days' notice of such meeting of the electors, by publication in a newspaper, if one be priuted in such territory ; CONCERNING ELECTIONS. 145 and, if not, by posting copies of such notice in not less than ten public places in such proposed incorporated town, at least ten days before such meeting. (K S. 1905, §3772.) 294. Polls — How Long Open. 7*. At the meeting of the qualified voters, as herein provided, polls shall be opened at nine o'clock in the forenoon of such day, and shall be kept open until four o'clock in the afternoon, when they shall be closed. (K. S. 1905, §3773.) 295. Election Board. 8. The voters at such meeting shall first proceed to the elec- tion of three of their number as inspectors. Such inspectors, after being duly chosen and qualified, and after having selected one of tlieir number as clerk, shall, without delay, proclaim to the meet- ing that the polls are open, and that they are ready to receive the ballots of the voters. (E. S. 1905, §3774.) 296. Election — Effect — Expenses. 9. The qualified voters of such territory shall vote by ballots having thereon the word ''Yes" and the word "]^o." The Inspect- ors shall make a statement showing the vote as in case of other elections, and shall return the same to the county Auditor, to be laid before the Board of Commissioners at its next regular or ad- journed session, or at any session called for that purpose If the Board be satisfied of the legality of the election, and that a major- ity of the ballots are in favor of incorporation, it shall make an order declaring that such town has been incorporated by the name adopted, which order shall embrace a copy of the Inspectors' return and be conclusive of such incorporation in all suits by or against such corporation : and the existence of such town, by the name and style aforesaid, shall thereafter be judicially taken notice of in all courts and places in this State, without specially pleading or prov- ing the same. If the Commissioners find that a majority of the ballots are against incorporation they shall so declare, and no further proceedings shall be had in relation to such matter. An appeal may be taken to the Circuit Court from the action of the Board declaring or refusing to declare that such town has been incorporated.. In case the town is not incorporated, all costs and expenses, inchiding expenses of election and appeal, if any be had, shall be paid by the petitioners, who on filing their application shall also file a bond, payable to the State of Indiana for the use of Board of Commissioners of the county, and to the approval of such Board, conditioned for the payment of all such costs and ex- penses. In case the town is incorporated, all such costs and ex- pensen shall be paid by the town. CE. S. 1905, §3775.) 10 146 GENERAL LAWS 297. Ward Boundaries. 10. Such Inspectors, when such town has been by the coun- ty board declared incorporated, shall at once proceed to divide the town into not less than three, nor more than seven wards, having due regard to the equitable apportionment of population among the same, and the convenience and contiguity of the wards. Thereafter the Trustees of any town incorporated under this act, may at any time sixty days or more preceding the election for town officers, redistrict the town in like manner. (R. S. 1905, §3776.) 298. Corporation Election — Notice. 11. After such town has been divided into wards, the In- spectors shall immediately give ten days' notice, by publication in a newspaper, if one be printed within such town, or, if there be no newspaper, by posting such notice in one public place in each ward, of an election to be held in such town, for the purpose of electing officers thereof, naming in such notice the place where and the day when such election shall be had. Such place shall be at some con- venient location in the town and such day shall be within twenty days from the publication or posting of such notice. Every subse- quent notice of election shall be given, in like manner, by the clerk of the town. (E. S. 1905, §3777.) 299. Election Inspectors. 12. Inspectors shall preside at such first election, and be In- spectors thereof. They shall receive and canvass the votes, and shall immediately thereafter, and before adjourning, declare the election of the officers so chosen, deliver to such officers certificates of their election, and make out and file with the Clerk of the Cir- cuit Court of the county in which such town is situated the cer- tified statement of election provided for in Section fifteen of this act. At all subsequent town elections one Inspector for each vot- ing precinct shall be appointed by the Board of Town Trustees, and the judges and other officers of each election board shall be selected as provided by law for the selection of the officers of town- ship election boards. (E. S. 1905, §3778.) 300. Election Precincts. 13. In town elections, after the first election, the election precincts shall, so far as practicable, be the same as those fixed for general elections ; and the opening and closing of the polls and all other matters relating to such town elections shall be conducted in conformity Avith the provisions of the general election laws ap- plicable thereto. (E. S. 1905, §3779.) CONCERNING ELECTIONd. 147 301. Elective Officers— Terms. 14. The elective officers of every town shall be one Trustee from each ward ; and also a Clerk and Treasurer for the town at large : Provided, That each Trustee shall be voted for by all the electors of the town, but shall be a resident of the ward for which he is elected: And provided further, That nothing herein con- tained shall prevent the respective offices of Clerk and Treasurer from being held by the same person. The officers chosen at the first election, hereinbefore provided for, shall hold their offices until the first Monday of January following the next regular town election, and until their successors are elected and qualified. On the first Tuesday after the first Monday in November, in the year 1905, and on the same day every four years thereafter, there shall be held an election in each town in this State for the election of the elective officers of such town ; and there shall be no election in any town prior to that date, save only the first town election pro- vided for on the organization of towns. The officers elected on the first Tuesday after the first Monday in November, 1905, shall hold their respective offices from the termination of the terms of their respective predecessors until the hour of twelve o'clock noon of the first Monday in January, 1910 ; and they shall be ineligible to be re-elected, respectively, to the same offices at the election to be held on the first Tuesday after the first Monday in November, 1909. At the expiration of the terms of the present incumbents as elected by the law heretofore in force, and following the elec- tion and qualification of the officers elected at such regular town election on the first Tuesday after the first Monday of November, 1905, all town officers then in office shall forthwith turn over their respective offices to their successors so elected and qualified, to- gether with all papers, property and effects in their custody as such town officers, and shall thereupon vacate such offices, and the terms of such new officers shall continue until 12 o'clock at noon of the first Monday of January, 1910, and thereafter, the terms of all town officers elected at any regular election shall begin at noon on the first Monday of January following their election and quali- fication, and shall continue four years thereafter ; and every such officer shall be ineligible to re-election to the same office in any period of eight years. In all towns of the State of Indiana where by law heretofore in force an election for such elective town offi- cers would occur prior to the election in November, 1905, herein- before provided for, such prior elections shall not be held and the present officers of such towns shall continue in office until 12 o'clock at noon on the first Monday in January, 1906, at which time the terms of such officers shall terminate and the terms of the officers elected under the provisions of this act shall begin. (R. S. 1905, §3780.) 148 GENERAL LAWS 302. When Elected— Tie Vote— Certificates. 15. The persons in each ward receiving the greatest number of votes as Trustees of such wards, respectively, shall be declared elected as such Trustees; and the persons receiving the greatest number of votes, respectively, for Clerk and Treasurer, as desig- nated by the ballot for such office, shall be declared so elected. And if two or more persons shall have an equal and the highest number of votes for any of such offices, the Inspectors of such election shall forthwith determine, by lot, which of them shall be declared elected. And it shall be the further duty of such In- spectors to make a certified statement, over their own signatures, of the persons elected to fill the several offices in such town, and to file the same with the Clerk of the Circuit Court of the county, within ten days from the day of such election. And no act or or- dinance of any Board of Trustees chosen at any such election shall be valid until the provisions of this section are substantially com- plied with. (E. S. 1905, §3781.) 303. Clerk Circuit Court— Record— Fee. 16. It shall be the duty of the Clerk of the Circuit Court of the proper county forthwith to make a record of such certified statement of election; for which tervice there shall be paid the same fee as allowed for similar services of such clerks in other cases, (K. S. 1905, §3782.) 304. Vacancy in Board. 17. A vacancy occurring in the Board of Town Trustees, or in any other elective office of such corporation, shall be filled by appointnient, at a special meeting of the Trustees called for that purpose ; but such appointment, if to fill a vacancy in the office of Trustee, shall be made from the ward in which the vacancy oc- curred, and no appointment shall extend beyond the first Monday of January following the next regular election provided for in this act. (R. S. 1905, §3783.) DISSOLUTION OF TOWN OR CHANGE OF NAME. 305. Dissolution Proceedings. 22. Whenever a petition, signed by not less than two-thirds of all the legal voters of any incorporated town, is presented to the Board of Trustees of such town, duly sworn to by one or more of such petitioners, asking for the dissolution of the corporation, or for the change of its name, and in such petition setting forth the reasons therefor, the Trustees shall, if they deem the reasons stated sufficient, cause an election by the legal voters of the town CONCERNING ELECTIONS. 149 to be held, to determine whether the prayer of the petition shall be granted. Such petition shall be filed with the town Clerk, and the petitioners shall also file therewith a census of all the legal voters of the town, which shall be taken within ten days prior to the filing of the same and shall embrace only the names of such legal voters as may reside therein at the time the census is taken. The person taking such census shall attach thereto his affidavit that the same is correct. On the filing of such petition and census, the Clerk shall give notice of such filing and of the day of hearing the same ; which notice shall be by publication twice in a newspaper of general circulation printed in such town, the last of which pub- lications shall be not less than ten days before such hearing; and if there be no newspaper printed in the town, then in a newspaper published at the county seat of the county in which such town is located, and by posting copies thereof in at least one public place in each of the wards of such town. The Board of Trustees shall, at the time named in such notice, hear and consider such petition and census, and shall also consider all statements, oral and writ- ten, that may be presented at such meeting both in favor of and in opposition to the granting of such petition. Thereupon the Board shall determine whether the reasons advanced by such peti- tioners are sufficient to justify the submission of the question of dissolution or change of name to the voters of the town for their decision. Any voters who signed the petition may, before such determination by the Board, withdraw their names therefrom, and no names so withdrawn shall be counted by the Trustees in ascer- taining whether the petition has been signed by the number of voters required by this section. If the Board finally determine to submit the question as to the dissolution or change of name of such corporation to the voters of the town for their decision, it shall fix the time of holding an election for that purpose, of which election the Clerk shall give at least twenty days' notice, which notice as to publication and posting shall be given in the manner hereinbe- fore provided for notice of the filing and hearing of such petition. Such election shall be held in the several precincts of such town and return thereof made to the Board of Trustees as in case of other elections. The voters shall vote by ballot on the question so submitted to them, "Yes" or "No." If two-thirds of all the votes so cast shall be in the affirmative, and four-fifths of all the legal voters of the town, as shown by the census taken, shall have voted, the question so submitted shall be regarded as determined in the affirmative ; and, within four days after the canvass of the vote by the Trustees, a statement of all the votes cast at the election, af- firmative and negative, shall be prepared by the Town Clerk, signed by the Trutsees and attested by the Clerk, and filed in the 150 GENERAL LAWS office of the Clerk of the Circuit Court of the county in which such town is situated. If the vote be in favor of a change of name, the name of the town shall be changed, accordingly, from and after the expiration of thirty days from the date of filing such report in the office of the Clerk of the Circuit Court. If the vote be in favor of a dissolution of the corporation, such town shall, at the expira- tion of six months from the filing of such report in the office of the Clerk of the Circuit Court, cease to be a corporation ; and the property owned by the corporation, after payment of debts and lia- bilities, shall be disposed of in such manner as a majority of the voters of the town, at any special election therefor, may direct; but no such dissolution shall affect the rights of any person in any contract to which such corporation is a party. In case the prayer of the petition shall not be granted, all costs and expenses incurred thereby, including the expenses of such election, if held, shall be paid by the petitioners, who, on filing their petition and census shall give a bond, payable to the Board of Trustees, to the approval of the Board, and in such sum as the Board may direct, for the payment of all such costs and expenses. Any person aggrieved by the action of the Board of Trustees on such petition and census, or the result of such election, may appeal to the Circuit Court of the county in which such town is situated, within thirty days therefrom, by giving tq the Board written notice of such appeal and by filing with the Town Clerk a bond, with surety to the ap- proval of the Board, in the sum of five hundred dollars, conditioned that such appeal will be duly prosecuted and all costs thereof be paid if the appeal be decided against such appellants. The Clerk shall thereupon file in the ofiice of the Clerk of the Circuit Court a transcript of all proceedings, together with all papers in the case, and no further action shall be taken by the Board until such ap- peal be heard and determined. Such appeal shall be heard by the Circuit Court without a jury. There may be a change of venue from the judge, but not from^the county. (K. S. 1905, §3788.) 306. Union of Adjoining Cities or Towns — Procedure. 241. Where a city and a town, or two cities, or two towns, adjoin each other, they may be united provided a majority of the qualified voters voting on such question of union, in each of such adjoining corporations, shall vote in favor of such union. The Common Council of such city and the Board of Trustees of such town, or the Common Councils of such cities, or the Boards of Trustees of such towns, as the case may be, shall, by a resolution, passed by each Council or Board, first agree on the terms upon which such union shall take place, including the name by Avhich the united corporation shall be known and the day upon which an CONCERNING ELECTIONS. 151 election for the purpose shall be held in each of the adjoining municipalities. Notices of such agreement shall be given at least twenty days before the time fixed for such election, by publication of the same for two weeks successively, once each week, in each newspaper published in each of such corporations, and by posting printed copies thereof in one or more public places in each ward of each of such corporations. Such election shall be held in the voting precincts of each of such corporations, as other city and tow^n elections are held. The ballots for such election shall have thereon the words "Yes" and "'No,'^ and those electors favoring such agreement shall vote '^Yes," and those opposed, '^No;" and the election boards shall report to their respective Common Coun- cils 01 Boards of Trustees the result of such election. A certified copy of the result of the election in each corporation shall be filed with the Common Council or Board of Trustees of the other cor- poration; and if a majority of the electors, voting on such ques- tion in each of such corporations, vote in favor of such union, then the two corporations shall be united in accordance with the terms of the agreement theretofore entered into ; and a duly certified copy of such agreement, and of the result of such election, shall be filed in the oflice of the Recorder of the county or counties in which such united corporation is situated, signed by the Mayor or presiding officer and attested by the Clerk and sealed with the seal of each of such constituent corporations; and copies of such record shall DC received in all courts and places as conclusive of such union of snch corporations under the name so agreed upon. In case of such union, the new corporation shall be liable for all the debts, contracts and liabilities of the constituent corporations, and shall be entitled to all the rights, credits, moneys, effects and properties theretofore had, held or. owned by them or either of them, and may sue and be sued in relation to such debts, contracts, liabilities, rights, credits and properties by the name adopted on such union. But all actions pending at the time of such union shall be prose- cuted to final judgment and execution, and all judgments thereto- fore rendered may be executed and enforced against the new cor- poration, without any change of the name of the plaintiff or de- fendant. (R. S. 1905, §3716.) 307. Eligible to Office. 229. ^No property qualifications shall be necessary to len- der any citizen eligible to hold any office of any municipal cor- poration in this State. (R. S. 1905, §3704.) 308. Eligible to Vote. 230. In all mimicipal elections, no other qualifications shall be required of any voter than such as vire made necessary in gen- 152 GENERAL LAWS eral elections under the Constitution and laws of the State. (R., S. 1905, §3705.) 309. Vo'ing Precincts. 231. In city and toAvn elections, except as provided in Sec- tions ten, eleven and twelve for the first town election, the voting precincts shall, so far as practicable, be lliose established by the County Commissioners, and the elections c^hall be conducted under the laws in force for general elections. (R. S. 1905, §3706.) 310. Petition — Census. 38. AVhenever one-third of the voters of any incorporated" town, so far as the number can be estimated, shall petition the Board of Trustees thereof to be incorporated as a city under this act, such Board of Trustees, by an order or resolution to that ef- fect entered on its record, shall furnish the marshal or other proper officer with the necessary forms for taking, and direct him to take, a census of all persons who are residents within the corporate limits of such town at least forty days previous to the date of such order or resolution: Provided, however, That if it shall appear to such Board of Trustees by the last census of this State or of the United States, or by any enumeration made by the order of such Board of Trustees, within two yea'rs after the filing of such peti- tion, that such town then has two thousand five hundred in- habitants, such Board of Trustees shall be at liberty to proceed in all respects as if such census had been taken in the manner pro- vided by this act. Such marshal or other officer, with the concur- rence of such Board may appoint assistants, and shall, within thirty days from the time of receiving such order, make full re- turn, under oath, to such Board of the resident population of such town. If the return show a population of two thousand persons or more^ the Trustees, within ten days thereafter, shall publish a no- tice to the voters, as in case of other tov^n elections, stating that, on a day named, an election will be held in the several precincts of the town, to determine whether the same shall be incorporated as a city. In towns which are governed by a Common Council, instead of a Board of Trustees, the duties in this act required to be done by the Board of Town Trustees shall be performed by such Common Council. (R. S. 1905, §5462.) 311. Election Board — Duties — Ballots — Returns. 39. The Board of Trustees shall appoint three reputable voters in each precinct, one to act as Inspector and two as Judges of election provided for in the preceding section ; and the persons thus appointed shall choose a Clerk of such election. Such elec- tion shall be conducted in the same manner and be governed b^- CONOERNING ELECTIONS. 153 the same rules as other town elections. The ballots of the voters shall have thereon the word ''Yes'' and the word ''No." The In- spector and Jiidg'^T of each precinct shall make a statement show- ing the nimilh r of arh'rmative votes given and the number of nega- tive votes given ; and, on the day succeeding such election, at the hour of ten o'clock in the forenoon, the Inspectors shall meet and canvass the vote, as in other cases. If a majority of the ballots be in the negative the Inspectors shall so report to the Board of Trus- tees, and the voters of such town or city shall be deemed not to have consented to its incorporation as a city, and no further pro- ceedings shall be liad in relation thereto. But if a majority of such ballots shall be in the affirmative, the Inspector shall, within ^ye days, certify that fact to the Clerk of the Circuit Court of the county in v/hich such town is located, showing also in their return the number of votes in the affirmative and the number in the negative. The Clerk of such court shall make a record of such return of such election in the civil order book of such court ; and such town shall thereafter be deemed an incorporated city, with the powers and franchises appertaining thereto ; and the rec- ord in the office of such Clerk of the Circuit Court shall be held in all courts and places as conclusive evidence of such incorpora- tion. But nothing herein shall prevent any person interested from contesting the validity of such election, and of the result thereof, as in other cases of contested elections. (R. S. 1905, §3463.) 312. Town Becomes City— Wards — Terms of Ofllcers. 40. Within five days after the filing in the office of the Clerk of the Circuit Court of the statement showing that any town has been incorporated as a city, the Trustees of such town shall divide such city into not less than three wards, none of which shall con- tain less than three hundred inhabitants; and shall, within the same time, cause to be given to the voters of such city ten days' notice, by publication in one or more ncAvspapers printed in such city, if any there be, and, if not, in a paper published in the county in which such city is situated, and by posting copies of such notice in three public places in each ward of such city, that an election will be held in each of such wards on a day and at the places in such notice stated for the election of the city officers therein named. The officers elected at such election shall serve until twelve o'clock, noon, of the first Monday in January follow- ing the next regular city election thereafter. The Common Coun- cil of any city of this State shall have power to redistrict such city into three or more wards, whenever in the judgment of such Coun- cil it is expedient to do so, such wards to contain, as near as pos- sible, an equal number of inhabitants and to be composed of com- 154 GENERAL LAWS pact and contiguous territory : Provided, That the wards of each city shall remain in number and boundaries the same as noAV ex- isting until the year 1907 ; and thereafter no readjustment or fix- ing of the boundaries of the wards of any city shall occur oftener than once in a period of sxi years, unless the same be made neces- sary by the annexation of new territory, in which case such read- justment of wards and boundaries, whenever made, shall be done by ordinance, passed by a two-thirds vote of all the members of the Connnon Council ; and no such ordinance for change in wards shall be passed before notice first given by publication for three successive weeks, once each week, the last of which publications shall be at least thirty days before any city election, in a news- paper of general circulation printed in such city, in which notice the proposed numbers and boundaries of the wards shall be plainly stated and described. (E. S. 1905, §3464.) 313. Officers — Terms — Jurisdiction — Successors. 43. The elective officers of the cities of this State shall con- sist of a Mayor, a City Judge, a City Clerk, a City Treasurer, and Councilmen as hereinafter provided : Except, however, first, that, in every city of the first, second or third class, which is the coun- ty-seat of the county in which such city is located, the County Treasurer of such county shall perform all the duties of City Treasurer; and, second, that, in cities of the fifth class, the powers and duties of City Judge shall devolve wholly upon the Mayor. On the first Tuesday after the first Monday in I^ovember, in the year 1905, and on the same day every four years thereafter, there shall be held a city election in every city of this State for the election of the elective officers of such city, and there shall be no election in any city prior to that date, except the first city election in case of the organization of a city, as provided in Section forty of this act. At such general election there shall be elected, in every city, a Maj^or and a City Clerk ; in cities of the first, second, third and fourth classes, there shall likewise be elected a City Judge ; and in every city of the first, second or third class, which is not a county seat, and in every city of the fourth and fifth classes, there shall be elected a City Treasurer. At such election there shall also be elected, in each ward, one Councilman ; and the whole city shall elect, at large, half as many additional Council- men, not counting fractions, as there are wards in such city: Pro- vided, That in no case shall the number of Councilmen at large in any city be more than six nor less than two. The officers elected on the first Tuesday after the first Monday in November, 1905, shall hold their respective offices from the termination of the terms of their respective predecessors until the hour of 12 o'clock noon CONCERNING ELECTIONS. 155 of the first Monday in ^lamiavy, 1910; and they shall be ineligible to be re-elected, respectively, to the same offices at the election to be held on the first Tnesday after the first Monday in November, 1909. Thereafter all elective city officers shall serve four years from the hour of twelve o'clock at noon, on the first Monday of Jan- nary following their election ; and, except in case of Councilmen, shall continne to serve nntil their snccessors are elected and quali- fied. 'No person ?hall be eligible to any city office unless he shall have been a resident of such city for at least one year, immediately preceding his election, nor shall any person be eligible to the office of Councilman to represent any ward unless for the last six months of his residence in such city he shall have been a resident of such ward: and should any city officer cease to be a resident of such city, or any Councilman representing any ward cease to be a resi- dent of such ward, during his term of office such office shall there- by at once become vacant. N'o person elected under the provisions of this act shall be eligible to hold the same elective office more than four years in any period of eight years. All city elections shall be held, and returns thereof made, certificates issued and con- tests had, in conformity with the general election laws of this State: Provided, That the Board of Canvassers of any such elec- tion shall assemble at the Council Chamber of the city to deter- mine the vote and announce the result on the day following the election, at ten o'clock in the forenoon of such day. Prior and up to the first Monday of January, 1906, the respective officers of all cities in this State elected or appointed under laws heretofore in force, shall continue to serve as such officers under the provi- sions of this act, so far as applicable: Provided, That any such officer required to give a bond by any former law shall at the tak- ing efi^ect of this act give such bond for the period expiring at such date, in such sum, and to be approved, as required by such former law. All laws now in force for the government of such cities, where the same are not in conflict with the provisions of this act, shall continue in force until said date; and all ordinances, rules and regulations of any such city, duly passed and adopted under such former laws, except as herein provided, and not in conflict with the provisions of this act, shall continue in full force and ef- fect until repealed or abolished. In case any city, prior to the election and qualification of the officers of such city under the terms of this act,' shall have commenced any proceedings or under- takings of a public nature which shall have been lawfully com- menced or undertaken, the same shall not be interrupted by the passage of this act, but shall be taken up and carried forward by the proper officer or department as prescribed in this act; except that in case of pul)lic improvements of any kind, Avhether of sew- ers, streets, alleys, levees, parks, public buildings, or any other 156 GENERAL LAWS matter of an executive nature, in which a contract has not, prior to the taking effect of this act, been actually let and entered into, the executive department having charge of such matter shall not be bound, unless it so elects, by the previous proceedings, but may review the whole subject and modify, change or rescind all orders previously made in that behalf. In all cities of the State where by law heretofore in force an election for such elective city officers would occur prior to the election in November, 1905, hereinbe- fore provided for, such prior elections shall not be held and the present officers of such cities shall continue in office until 12 o'clock; at noon, on the first Monday in January, 1906, at which time the terms of such officers shall cease and terminate and the terms of the officers elected under the provisions of this act shall begin. (E. S. 1905, §3467.) 314. City Judge — Election, Term, Etc. — Jurisdiction. 216. The City Judge shall be elected by the legal voters of such city, at the same time and in the same manner as the other city officers are elected, for the term of four years and until his successor is elected and qualified. His term of office shall begin at twelve o'clock, noon, on the first Monday of January following his election; except that any City Judge elected at the election to be held in November, 1905, shall, as in the case of other officers then elected, hold only from the expiration of the term of his pre- decessor and until the first Monday in eTanuary, 1910. Before entering upon the discharge of his duties he shall execute a bond, payable to such city in the penal sum of five thousand dollars, with good and sufficient surety, to be approved by the Mayor and filed in the office of the City Controller, conditioned for the faith- ful discharge of the duties of his office. He shall hold daily ses- sions of the city court, Sundays excepted, at a place to be pro- vided and designated by the Common Council. He shall have and exercise within the county in which such city is located the powers and jurisdiction now or hereafter conferred upon Justices of the Peace in all cases of crim^es and misdemeanors, except as other- wise provided. He shall have exclusive jurisdiction of all viola- tions of the ordinances of such city. He shall also have original concurrent jurisdiction with the Circuit Court or Criminal Court in all cases of petit larceny and all other violations of the laws of the State where the penalty provided therefor dsm not exceed a fine of five hundred dollars and imprisonment in the jail or work- house not exceeding six months, or either or both : Provided, That such City Judge, in any case brought before him charging any per- son with a crime or misdemeanor, if in the opinion of such judge, the punishment which he is authorized to assess is not adequate to the offense, may so find, and in such case he shall hold such pris- OONCERNINO ELECTIONS. 157 oner to bail for his appearance before the proper court, or com- mit him to jail in default of such bail. (K. S. 1905, §3641.) 315. Water Works, Gas Works, Etc.— Bonds— Public Utilities- Election. 249. Any city or town may determine to erect water works, gas works, electric light works or a heating or power plant, or any other works or public utilities provided for in Section ninety -three, clause eight of this act, or to purchase or lease any such works al- ready constructed or in course of construction and owned by any person, corporation or company, together with all the property, rights and privileges connected therewith, and may also purchase, or lease, other lands for like purposes; and such city or town is hereby authorized, for the purpose of procuring means for erect- ing, extending, improving, purchasing or leasing any such works, and thus furnishing the inhabitants of such city or town with water for domestic and fire protection, or with light, power or heat, to issue the bonds of such city or town, in denominations not less than fifty nor more than one tiious&nd dollars, payable at any place that may be designated in the bonds, the principal in not less than five years nor more than thirty years, and the interest annually or semiannually, at a rate not to exceed six per cent, per annum ; and such city or tovm may, from time to time, negotiate and sell so many of such bonds as may be necessary for any of such purposes, in any place and for the best price, not less than par value, that can be obtained therefor : Provided, That the Com- mon Council of any city or Board of Trustees of any town con- templating the building, extension, improving, purchasing or leas- ing of any such works, shall, before the approval of any such con- tract or resolution for such erection, purchase or lease, first submit the question to the qualified voters of such city or town, at a spe- cial or general election, of which election and the submission of such question thereat, notice shall be given for twenty days by publication for two weeks, once each week, in a newspaper of gen- eral circulation printed in such city or to"\vn, if any there be, and, if not. in a newspaper published in the county. Voters desiring such works may vote *^For Water Works," '^For Gas Works,'' ''For Electric Light Works," "For Power Plant," or "For Heating Plant," as the case may be, or, if opposed, ''Against Water Works," "Against Gas AVorks," "Against Electric Light Works," "Against Power Plant," or "Against Heating Plant," or for or against any other such works or public utilities, as the case may be; and if a majority of the voters on such question at such election be in favor of such works, such city or town shall have power to build, extend, improve or purchase any such works; and the Common Council or Board of Town Trustees shall thereupon, by ordinance, approve such contract or resolution. (K. S. 1905, §3724.) INDEX, (References are to Sections and Pages.) ADJOURNMENTS— sec. page. Forbidden 100 72 145 87 affidavits- How disposed 94 70 ALTERING RETURNS— Forbidden 181 97 183 98 AMENDMENTS— To constitution 93 69 APPEALS- To Circuit Court 165 92 To Supreme Court 171 94 APPOINTMENTS— Pro tempore, not part regular term 11 30 ARREST— . Elector (of) forbidden 12 30 21 34 Illegal voter 73 59 ASSEMBLYMEN— Circuit Court Cierk certificates as to 117 77 Sheriff certificates as to, when ■ 118 77 BALLOTS— Burning 70 56 Certificate of nomination 46 44 Certificates must be acknowledged 47 46 Clerk Circuit Court keeps 105 73 Color 54 48 Constitutional amendment, for 53 47 Counting 138 85 Delivery to wrong person, penalty 62 53 Device on 46 45 Distribution, by State Board to County Clerk 60 . 51 Election Clerk delivers to voter 76 60 Elections are by 13 31 Expense of preparing 60 51 Folding 76 61 Form of 54 48 Giving out by County Board to Inspectors 64 54 Inducing voter to mark, penalty 87 67 Initials of Poll Clerks placed on 65 55 Inspector receives from Clerk 64 54 Inspector opens 65 54 Inspector delivers to Clerk 104 73 Kind 54 48 Local, printing 54 48 Loss 09 56 Marking 54 48 76 60 (159) 160 . ELECTION LAW INDEX. BALLOTS— Continued. sec. page. Messenger for Gl 52 G7 55 Name of candidate, when not printed on 55 49 56 49 Officer tampering witli 182 98 Opening G5 54 85 G7 Opening of pacl^age of GO 52 G5 54 Packages 60 51 Of Local 64 54 Paper, State ballot printed on 54 48 Papers, enveloped with 103 72 Paster 77 61 Petition to secure printing 46 46 Petition must be acknowledged 47 46 Preparation of 54 48 65 54 By Poll Clerks for voters 79 64 Printing 46 44 54 48 Who attends to 54 48 Printer, duties as to : 59 51 Re-count, when 141 86 ' Sample 66 55 Sealing in packages - 60 51 64 54 Secrecy, violation of 71 57 Showing after marked 76 60 Signing by Clerk ?; 65 54 Special messenger for 67 55 Squares on 54 48 State, printing 46 44 54 48 Title upon 54 48 Vacancy on, how filled 58 50 BALLOT BOX— Abstracting a felony 63 53 Breaking open 181 97 Color 33 -40 134 82 Construction 33 40 ; Destroying 191 ' 100 How painted 33 40 Inspection of 33 40 Keys to 33 40 Kind ; 33 40 Locks 32 40 Obtaining unlawfully 190 100 Providing 33 40 Seizure 190 100 Township Trustee keeps 105 73 BARTERING VOTE— (See also Buying Vote.) Penalty 202 104 BETTING— On election 22 34 198 103 With minor as to result 199 103 BLANKS— Preparation 28 37 ELECTION LAW INDEX. 161 BOARD OP ELECTIONS— sec. paqb. Adjournment forbidden 100 72 Attendance, prompt 29 38 Clerk of 27 37 Duties as to township 29 38 Inspector is Chairman of 31 39 Meals for 101 72 Oath of 29 38 Administered, how 30 39 Form of 31 39 Result, not to state 99 72 Vacancy in, how filled 29 38 Who are 25 35 26 36 BOARD OF CANVASSERS— Assistants 108 74 Certificate of 110 75 Declaration by 110 75 Disputes 114 77 Duties 109 75 Evidence, when heard 113 76 Meeting 106 74 Officers ; 107 74 Papers, defective 112 76 Tie vote Ill 76 Time of meeting 106 74 Who are 106 74 BOOTHS— Expense of construction 71 57 Kind 71 57 Number of voters in at one time 76 60 90 68 Preparation of 71 57 BRIBERY— By candidate 196 102 Disqualifies officer elected 6 30 Nomination, to secure 177 96 Disfranchises briber 176 95 False affidavit 179 96 At special election 180 97 BUYING— Vote 195 101 196 102 Penalty for 203 104 CANDIDATE— Bribing voter 196 102 Buying vote, penalty 203 104 Disqualified, when 6 30 Re-count, may have 141 86 Threatening voter 196 102 CANVASS— Of vote, how made 83 65 CARDS— Containing instructions to voters 66 55 CERTIFICATES— Board of Canvassers, by 110 75 Circuit Clerk, by 16 33 120 78 11 162 ELECTION LAW INDEX. CERTIFICATES— Continued. sec. page. Congressmen, as to 122 79 Governor, as to 122 79 Judges, of 102 72 Lieutenant-Governor, as to 123 79 Officers to be elected, as to 16 33 Representatives, as to 118 77 Secretary of State, to Governor 120 78 Senators of 118 77 Township, Officers of 140 86 CHAIRMEN OF COUNTY— Duty 45 44 CHAIRMAN OF STATE— Duty 44 43 CHALLENGERS— Appointment 43 43 Number 43 43 Pay 43 43 CHALLENGES— Affidavit of elector 72 57 Affidavit to overcome 72 58 Bribery, on account of 179 96 Vote, when received 72 58 Who may be challenged 72 58 CHUTES— Construction 71 57 CITY AND TOWN ELECTIONS— Application to County Commissioners 291 144 Ballots * 311 152 Census 289 143 City Judge, Election, Term, etc 314 150 Clerk Circuit Court, record, fee 303 148 Corporation election, notice 298 146 Dissolution proceedings 305 148 Duties of Election Board 311 152 Election Board 295 145 311 152 Election Inspectors : 299 146 Election precincts 300 146 Election, Effect, Expenses 296 145 Elective Officers, term 301 147 Eligible to office 307 151 Eligible to vote 308 151 Governed by general election law 96 70 Hearing and order 292 144 Made public. Census, Map, Survey 290 143 Notice to voters 293 144 Petition, census 310 152 Polls, how long open 294 145 Property qualifications not necessary 307 151 Public utilities, bonds, election 315 357 Returns 311 152 Survey and map • • 288 143 Terms of officers 312 153 Town becomes city 312 153 Union of adjoining cities or towns 306 150 Vacancy in Board 304 148 Voting precincts 309 152 Ward boundaries 297 146 ELECTION LAW INDEX. 163 CITY AND TOWN ELECTIONS— Continued. sec. page. Wards, number of 312 153 Water works, gas works, etc 315 157 When elected, tie vote, certificates 302 148 CLERKS OF CIRCUIT COURT— Ballots, delivered to 103 72 Delivers to Inspector 64 54 Bribery of 197 102 Certificate of 115 77 117-120 77 Election, notice to 16 33 Re-counting, duties as to 143 87 145 87 CLERKS OF ELECTION— Appointment 27 37 Duties 65 54 Instruct voters 79 64 Oath 31 39 CLOSING— Proclamation as to 34 40 When takes place 34 40 COMMISSIONS— By Governor 121 79 CONGRESS— Secretary of State's certificate as to 122 79 CONSTITUTION— Amendments to, ballots 93 69 CONTEST— Appeal to Supreme Court 171 94 Appeal to Circuit Court 165 92 Ballots kept, to use in 105 73 Contestor and contestee 146 88 County officers, contest as to 161 91 Appeal to Circuit Court 165 92 Duty of Court 166 92 Commissioner to take testimony. . . ," 169 93 Notice by Auditor to Clerk 162 91 To contestee 163 92 To County Commissioners 163 92 Subpoenas 164 92 Trial by County Commissioners 164 92 Voters must testify 167 93 Fees and costs 168 93 Irregularities, when immaterial 160 91 Legislators, contest as to 150 89 Cause for 159 91 Clerk's duty in 156 90 Depositions in 151 89 Sent to Secretary of State 156 90 To proper house 157 90 W^hen read 158 90 Justices' meeting and duty 155 90 Powers of 153 90 Notice to contestee 152 89 Vacancies in commission 154 90 Municipal offices, contest as to 170 93 State officers, contest as to 147 89 Committee to try 149 89 Notice to contestee 148 89 Specifications as to 148 89 12 164 ELECTION LAW INDEX. CONTEST — Continued. sec. page. Township oflScers, contest as to IGl 91 Voters may contest 146 88 CONVICT— Can not vote 18 33 counting- How done 83 65 COUNTY BOARD OF ELECTION— Appointment 45 44 Duty to prepare ballots 45 44 Pay 45 44 COUNTY ELECTION— Special, how conducted 95 70 COUNTY-SEAT RELOCATION— Inducing voters to re-sign petition 192 101 Selling signature to petition 193 101 Illegal voting 194 101 DAY— Of holding 14 31 15 33 DECEIVING— Illiterate voter 187 99 DEFAULTER— Can not hold office 10 30 DEFRAUDING— Voter 188 99 DEPOSIT— Of ballot by inspector 76 60 DESTROYING— Ballots 70 56 82 65 83 65 85 67 Ballot boxes 191 100 Poll book 191 100 Returns 183 98 DEVICE— Certified to county 51 47 On ballots 46 45 DISFRANCHISEMENT— Of elector 8 30 18 33 DUEL— Challenge to fight, effect of 7 30 DUTY— Of Inspector 31 39 ELECTIONEERING— Officers of election may not 91 68 ELECTION BOARD— (See Board of Election.) ELECTION OFFICERS— (See Officers of Election.) ELECTOR— Disfranchising 18 33 Qualifications 2 29 17 33 ELECTION LAW INDEX. 165 ELECTOR— Continued. sec. page. When does not lose right to vote 20 34 When free from arrest 12 30 21 34 EMPLOYES— Refusing time to vote 189 100 EMPLOYMENT— Of voter 75 60 ENTERING— Election room unlawfully 86 67 FALSE AFFIDAVIT— As to bribery 180 »7 FORMS— Preparation 28 37 FRAUD— At special election 194 101 By officers 182 98 FREE AND EQUAI^- Elections must be 1 29 GENERAL ELECTIONS— By ballot 13 31 When held 14 31 15 33 GOVERNOR— Certificate of vote for ; 123 79 Member of State Board of Elections 44 43 Special election, may order 126 80 HOLIDAYS— Election days are 97 71 ILLEGAL VOTER— Penalty as to 172 94 ILLITERATE VOTER— Preparing his ballot 79 64 Deceiving 187 99 IMPORTING VOTER— Penalty as to 175 95 INDIANAPOLIS SCHOOL COMMISSIONERS— Authority of Legislature 284 139 Ballot, how arranged 286 140 Names, how arranged on voting machine 224 114 Organization of first board 287 142 Preparation of ballots 286 140 Qualifications of members * 285 139 Term of office 286 140 Nomination by petition 286 140 INDUCING ELECTOR— Not to vote 203 104 To re-sign petition 192 101 INSPECTORS— Additional 26 36 Administering oaths 31 39 Appointment 26 36 Ballots delivered to 64 64 Bribery of 197 102 Chairman of Election Board is 31 39 Duty 31 39 Neglecting 68 56 Oath as to ballots 103 72 Township Trustees are 25 35 166 ELECTION LAW INDEX. INSTRUCTIONS— sec. page. To voters 66 55 INTERPRETER— May be called 76 60 INTIMIDATING— Voter 185-189 100 JUDGES— Appointment 25 35 26 36 Bribery 197 102 Certificate of 102 72 Disqualification of 25 35 Who can not be 25 35 JUDICIAL— Law as to 14 31 JUSTICE OF THE PEACE— Election 132 82 LIEUTENANT-GOVERNOR— Vote for, verified 123 79 LIQUOR ON ELECTION DAY— Sale prohibited 200 103 Restriction as to druggists 201 104 LOANING MONEY— When unlawful 178 96 LUCRATIVE OFFICE— Effect of holding ^ 9 30 MACHINE— Voting by 218-246 110 MARINES— Disqualified 3 29 19 34 MEALS— For election oflScers 101 72 METHOD— Of voting : 76 60 By ballot 13 31 Election by General Assembly 13 31 MONEY— Loaning money to voter 178 96 NAME— Announcing , 76 60 On ballot but once 55 49 On voting machines, for School Commissioner 224 114 NOMINATIONS— Acknowledgment of certificates of 46 45 Acknowledgment of signatures of petition 47 46 Certificate of 46 45 Corrected, may be 50 47 Preservation of 49 46 Time of filing 50 47 Convention, petition, effect 46 45 Petition of 49 46 Publication of 52 47 Refusal to accept 52 47 When must make 52 47 State certifies to county 51 47 ELECTION LAW INDEX. 167 NOMINATIONS— Continued. sec. page. Two parties nominating same person 52 47 Vacancy in, bow filled 58 50 Non-resident voting 174 95 Notice by Sberifif 10 30 OATHS— Administered to Board, bow 30 39 Boards 29 38 Cballenged person, of 72 57 Freebolder, of 72 57 Inspector, of 31 39 103 73 OFFICERS OF ELECTION— Altering returns, penalty 181 97 Appointment 25 35 Destroying returns 181 97 Duty of Inspectors 31 39 Electioneering, may not 91 68 False entry, making 182 98 Tallies, making 182 98 Influencing voters 185 99 Legal vote refusing 184 99 Marking ballot 186 99 80 64 Oaths of 29 38 How administered 30 39 Pay of 124 79 Qualilication 26 36 Related to candidate 25 35 Removal for cause 25 35 Tampering witb ballots t 182 98 Township Trustee is 25 35 Voter, when may select 26 36 OPENING POLLS— In cities, when 34 40 Notice of 34 40 42 42 Petition to open at 6 a. m 34 40 Proclamation of 34 40 PASTER BALLOT— Allowed, kind 77 61 PERJURY— What is 74 59 180 97 petition- To secure printing of ballots 46 44 To open polls at 6 a. m 34 40 PLACE OF VOTING— Where it is 23 34 POLL clerks- How appointed 27 37 POLLS— Closing 34 40 Opening 34 40 42 42 When 34 40 Vacancy around 43 43 Who may approach 43 43 POLL BOOK HOLDER— Appointment 43 43 Approaches polls 43 43 Pay 43 43 168 ELECTION LAW INDEX. POLLING PRECINCTS— sec. page. Allowed 36 41 Deceiving poll-takers 40 42 Fictitious name, giving 41 42 Giving information to poll-takers 37 41 List of voters to be given. 38 42 Withholding information from poll-takers 39 42 PRECINCTS— Boundaries, changing 24 84 Elector must vote in his own 35 41 Establishment 23 34 Notice of change made 24 34 Polling 36 41 Size, where machines are not used 23 34 Where machines are used 221 112 PREPARATION OF FORMS— Made iJi blank, with headings 28 37 PRESIDENTIAL ELECTORS— Boards of election to certify 209 107 Certificates to Marshals 209 107 Election, how compared 214 108 Clerk of Circuit Court, duties of 209 107 Election of, when 207 107 Returns of 210 108 Marshal, affidavits of 212 108 Deputies, appointment of 213 108 Duties of 214 108 Governor appoints 216 109 Pay of 217 109 Meetings of 215 109 Notice of election 208 107 President and Vice-President voted for 216 109 Return— Districts 210 108 Vacancy, how filled 215 109 Vote of, by ballot 216 109 PRIMARY ELECTIONS— Bribery, at 266 132 Call for primary 249 125 253 127 Committeemen, electing 250 125 Counties, where held 247 124 Counting ballots, contests 254 126 Defects, exami^^ng papers 267 132 Delegates to CO. 'on 255 129 Electing committeemen 250 125 Election Commissioners 248 124 Expenses of election 256 130 False affidavit 263 131 Illegal voting 260 131 Inducing violation of act 266 132 Interfering with returns 268 133 Manner of voting 259 130 Meeting of committeemen 252 126 Members of Election Board 257 130 Nominations by primary 253 127 Notice to candidates 253 127 Official neglect 264 131 Poll books and blanks 258 130 Precinct committeemen 249 125 Statement by committee 271 133 Statement of expenses 269 133 ITLBOTION LAW INDEX. 169 PRIMARY ELECTIONS— Continued. sec. page. Tabulating returns 254 129 Voting in wrong precinct 261 131 Voting more than once 262 131 PROCLAMATION— Closing polls 34 40 Opening polls 34 40 42 42 QUALIFICATIONS— Of electors 2 29 17 33 Holder of lucratiye office not 9 30 RECOU NT- Adjournment of Conamlssloners 145 87 Ballots kept 145 87 Candidates may have 141 87 Certificate of 144 87 Circuit Clerk, duty of 143 87 145 87 Commissioner for 143 87 Order of Court for 142 86 Pay of Commissioner 145 87 Petition for 142 86 Repeal of law (note) 141 86 Witnesses to 143 86 REFUSAL— To receive vote, penalty 184 99 REPEAL OF LAWS— What are 98 71 (Note) 141 86 205 105 REPRESENTATIVES, ¥. S.— Secretary of State certifies to 122 79 RESIDENCE— Not lost, when 4 29 20 34 RESULT— Announcing, illegal when 99 72 RETURNS— Altering 183 98 Destroying 183 98 REVEALING- How elector voted 88 6T 89 6& ROAD SUPERVISORS— Election 135 82: 136 83 ROOMS— Kind, general elections 71 5T Primary elections 257 130 Preparation 71 57 SCHOOL COMMISSIONERS— Cities of 100,000 poulation and over 284 139 SEAMEN— Disqualified 3 29 19 34 SECRETARY OF STATE— Certifies when 121 78 SEIZING BALLOT BOX— An offense 190 100 170 ELECTION LAW INDEX. SELLING VOTE— sec. page. Penalty for 195 101 202 104 Acts repealed 205 105 Signature to petition 193 101 SELLING LIQUOR— Prohibited on election day 200 103 Restriction on druggists on day 201 104 SENATORS, STATE— Certificate of .• 118 78 SHERIFFS OF ELECTION— Appointment 43 42 Arrests, make 43 42 Duties 43 42 - Pay of 43 42 Powers 43 42 SOLDIERS— Disqualified 3 29 19 34 SOLICITING ILLEGAL VOTE— Penalty 175 95 SPECIAL ELECTION— Congressional vacancy 125 80 Governor may order 126 80 How conducted 128 81 Legislative vacancy 125 80 Notice by Sheriff 127 80 Tie vote 125 80 Vacancy, to fill ' 125 80 When held 125 80 STATE BOARD OF ELECTION COMMISSIONERS- Appointment 44 43 Duties 44 44 Pay 44 44 SUPERVISORS OF ROADS— Election 135 82 136 83 TALLY PAPERS— Destroying or losing 183 98 Forms 28 30 TESTIMONY- Furnishing as to illegal voter 204 105 TICKET— (See Ballot.) False, furnishing 187 99 Marking, penalty 186 99 Opening 186 9© Removing or destroying 191 100 TIE VOTE— City elections Ill 76 County elections Ill 76 For legislators 119 78 In primary elections 280 138 Special elections 125 80 Township elections 138 85 Town elections 302 148 TIME— Of holding 14 31 15 33 TOWN— (See City and Town.) Election, how held 96 70 ELECTION LAW TJNDEX. 171 TOWNSHIP ASSESSOR— sec. page. Election 130 81 When term begins 131 81 TOWNSHIP ELECTION— Certificate of 140 SO- Offices tilled at 130 81 Rights of persons elected 140 8G Special , 95 70 Terms of oflacers, when begins 131 81 Votes, how counted 139 85 When held 14 31 129 81 TOWNSHIP TRUSTEES— Inspectors, are 25 35^ Election of 129 81 When term of oflBce begins 130 81 USE OF MONEY BY CANDIDATE— For nomination 177 96 After nomination 178 9& VACANCY— Congressional, to fill 125 80 Legislative, to fill 125 80 VIOLENCE— Towards voter, penalty 189 100 VOTER— Arrest, privileged from arrest 12 30 21 34 Causing to sign petition, penalty 192 101 Challenging, who may 72 57 Defrauding 188 99- Furnishing wrong ticket 187 100 Hiring to vote or not 203 104 Importing, illegal 175 95 Influencing by office 185 99 Intimidating 189 100 Marines disqualified 3 29 19 34 Name, announcing 76 60 Entered 7() 60 Numbered 76 60 Oath, when challenged 72 57 Officer, menacing 185 99 Persuading 185 99 Qualifications of 2 29 17 33 Registration 14 31 Residence, effecting 4 29 Must vote at 35 40 Seamen disqualified as 3 29 19 34 Soldiers disqualified as 3 29 19 34 Violence or threats to influence 189 100' VOTING ILLEGALLY— Fine 172 94 More than once 176 95 194 101 Non-resident 174 95 Wrong precinct, in 173 95 172 ELECTION LAW INDEX. VOTING MACHINES— sec. page. Arrangement of machine 220 111 Announcement of result 232 118 Ballot label 227 115 Bribe, penalty '223 113 Care and custody 221 112 Chutes, erection of 229 116 Cities and towns may adopt, when 243 122 Commission .' 218 110 Qualification : 218 110 Governor to appoint 218 110 Compensation of Commissioners 219 110 Completion of count, duty of Inspector 233 119 Conduct of voter 231 118 Construction of machines 220 111 County Board of Election Commissioners, duty. 229 116 County Commissioners shall purchase 221 112 Distinguishing marks, penalty 240 120 Duty of Inspectors 229 116 233 119 Custody of keys 235 119 Emergency ballots 245 122 Examination of machines 219 110 Experimental use 244 122 False aflldavit 239 120 Returns 242 121 Fraud, attempting, penalty 241 121 Furniture and appliances 229 116 Governed by general election laws 236 120 Incorrectly taking down vote, penalty 242 121 Injuring machine '. 238 120 Inspectors, duty 229 116 233 119 Irregular ballots 230 117 Keys, custody 235 119 Laws, applicable 236 120 Laws, repealed 246 123 Locking machine 233 119 Neglect of duty, penalty 237 120 Payment for machines 227 113 Poll Clerk deceiving voter, penalty 226 114 Precinct boundaries 221 116 Printing ballots, when required 245 122 Recording roll 234 119 Recording vote '. 232 118 Room where election is held 225 114 Sample ballots 228 115 School Commissioners' name on machines 224 114 Posting 228 115 State Board of Election Com'rs to furnish sample ballots. 228 115 Tampering with, penalty 241 121 238 120 Tickets, arrangement 228 115 Voter unable to read or write 226 114 WATCHERS— When allowed 83 65 WHEN— Election shall be held 14 31 15 33 WHERE— Elector shall vote 35 40 WITNESSES— To recount 143 87 ^tidnotel^g H O < On < CO "^'v^^^r^^"*^ ^^Anotefe 't^i^^T^^'^ ,.^-^^^^^i 1^ Oh C-3 CD O M o Pel o •go o 02 M q c as PS -M (—4 02 W ={:! ffl Id o; Cu M W tf W 1^ s § 1 o YC 090%