OF THE GENERAL ELECTION.

the intention of the voter to so mark, deface or mutilate his envelope.

cers to take an

of oath

Section 22. The election officers before entering upon Election offithe duties of their office shall each take an oath that he oath before entering upon will not in any manner attempt to influence, intimidate, their duties persuade, bribe or coerce any voter in the marking of his Character ballot or in the making of the choice of the person or persons for whom he votes, and that he will not disclose the manner in which any person has voted, and any election officer who shall violate his oath in any of these particulars shall be guilty of wilful and deliberate perjury, and upon conviction thereof by indictment he shall in addition to the penalties and disabilities annexed to such violation crime be fined not more than five hundred dollars and may at the discretion of the Court be imprisoned not exceeding two years.

Section 23. Whenever under any provision of the laws of this State any voter or elector at any election hereinafter to be held in this State is required to indicate on the official ballot the candidate for whom he desires to vote at such election by marking his ballot in such man. ner as to indicate for whom he casts his vote such voter or elector at any election aforesaid shall indicate his choice of candidates aforesaid by marking his ballot with a black or indellible lead pencil or black crayon in the following manner:

Penalty for

marking of the

When any elector desires to vote a straight ticket, that Rules for the is to vote for all of the candidates of a party appearing ballot in the party column on the ballot he shall place a cross mark or "X" within the square at the head of the party Cross mark or column containing the names of such candidates. In the the square to event that any elector does not desire to vote for all of candidates of the candidates whose names appear in any one party

"X" within

vote for all

any one party

"X" in squares at left of the names of candidates if a

OF THE GENERAL ELECTION.

Cross mark or column he shall place a cross mark or "X" in the square at the left of the name of the candidate for whom he desires to vote, and he may also scratch out the name of the candidate for whom he does not desire to vote, or he may do either.

straight ballot is not voted

May scratch

out the name of a candidate

All ballots cast at any election shall be counted for the persons for whom they were intended so far as such inbe counted for tention can be ascertained therefrom and in determining they were in the intention the following rules shall be observed:

All ballots to

those for whom

tended to be

cast

Rules to be de

termined in as

intent of the

vote

First. If the elector shall place on his ballot a cross certaining the mark or "X" within the square containing a party designation at the head of the column he shall be deemed to have voted for all the candidates whose names appear in the column under such mark, unless some name or names shall be erased, or unless in some other column he shall have placed a mark in the square at the left of the name of some other candidate for the same office.

If a name be written on a

Second. When the voter shall place a mark against two or more names for the same office he shall be deemed to have voted for none of them and the ballot shall not be counted for either candidate therefor, but shall be counted for such other candidates as it is the evident intention of the voter to vote for.

Third. If any name be written on any ballot the balballot it shall lot shall be void and not counted.

be void

Fourth. When the elector shall have made a mark in the square at the left of the name of a person in the proper place he shall be deemed to have voted for that person although he shall have omitted to erase or scratch out the name printed in any other column for the same office.

Fifth. A ballot put in without any marks shall not be

OF THE GENERAL ELECTION.

counted, and a ballot not marked at the top shall be counted only for the persons for whom the marks therein are applicable.

Names of the

Election neces

ballots counted

a distinguish

Section 24. In the counting of the votes any ballot Clerks of the contained in an envelope which is not endorsed with the sary on all ennames of the Clerks of the election as provided in this velopes to have Act, and any ballot which shall bear such a distinguishing mark that it is apparent that such distinguishing Ballot having mark was placed thereon with the intent of the voter, or ing mark any ballot which is contained in any envelope which shall bear any such distinguishing mark 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; provided, however, that such ballots and envelopes and all disputed ballots Disputed baland envelopes shall be preserved by the inspector and at opes to be the close of the count, placed with the seals of the envelope packages in the box into which the ballots shall have been put when read.

lots or envel

preserved

to contain

ballot

If any envelope should be found to contain more than No envelope one ballot none of the ballots contained in that envelope more than one shall be counted. The election officers shall also record on the tally list memoranda of such ballots and envelopes and the condition of the seal of the envelope packages; and in any contest of election such ballot, envelope and seals may be submitted in evidence. Immediately on closing the polls, the envelopes remaining unused shall Unused envelbe counted and destroyed by the election officers of the stroyed at several hundreds or election districts by totally consum- tion ing by fire and the election officers shall certify the number of envelopes so destroyed by them on the respective tally lists.

opes to be de

close of elec

Directions for counting

In the counting of the ballots each ballot shall be removed from its envelope and counted for the candidates ballots

Refusal of
Clerk of the

ballots or de

liver them

OF THE GENERAL ELECTION.

voted for thereon and immediately returned to the envelope from which it is taken and secured therein by a rubber band, and the said envelopes and ballots after the count is made shall be returned to the ballot boxes from which they are taken.

Section 25. If any Clerk of the Peace or his clerk or Peace to print any one acting for him shall neglect or refuse to have the ballots and envelopes printed and prepared according to the provisions of this Act, or shall neglect or refuse to deliver them in time to the parties properly entitled to receive them, or shall neglect or refuse to do or perform any other duty in and about the preparation and distribution of the ballots and envelopes required to be done and performed by him by the provisions of this Act, he shall be deemed guilty of a misdemeanor and shall be fined not less than one nor more than five thousand dollars, and he may in the discretion of the Court be imprisoned for not less than one nor more than five years.

Penalty for refusal

Election Offi

cers not to reveal vote

Penalty for violation

Defacing or

destroying a nomination certificate

Section 26. If any person being an election officer shall reveal to any person how any elector has voted, or what person or persons were voted for by him on any ballot or give any information concerning the appearance of any ballot voted or envelope used, such person or persons so offending shall be guilty of a misdemeanor and on conviction thereof by indictment shall be fined not more than five hundred dollars and shall be imprisoned not less than two and not more than five years.

Section 27. Any person who shall falsely make or fraudulently deface or fraudulently destroy any certificate of nomination, or any part thereof; or file any certificate of nomination knowing the same or any part thereof to be falsely made; or suppress any certificate of nomination which has been duly filed or any part thereof or forge or falsely make the official endorsement of any

OF THE GENERAL ELECTION.

ballot or envelope or either of them; or print or cause to be printed any imitation ballot or envelope or circulate the same; or 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 misdemeanor and upon conviction thereof shall be fined not less than one hundred nor more than Penalty for five hundred dollars or imprisoned in the discretion of the Court not more than five years.

violation

violation by

tioned

Section 28. If any Clerk of the Peace, Inspector of Penalty for Election, Clerk of Election or Judge of Election or trus- officers menty person shall wilfully violate any of the provisions of this Act in the performance of any duty herein imposed upon him for the violation of which no other punishment is herein provided he shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than three nor more than five hundred dollars and may in the discretion of the Court be imprisoned for a term not exceeding three years.

ballot boxes

Section 29. The Sheriff shall make the ballot boxes Sheriff to make and the tally lists and all other papers to be delivered to and tally lists the several inspectors conform to the requirements of this Act. The inspector or trusty person for his services in receiving and delivering at the place of holding the Compensation election as aforesaid the packages containing the ballots packages of and stamps shall receive two dollars.

for delivering

ballots &c.

enter election

tion of this act

Section 30. 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 to Attempt to the entrance of the election room, or shall remain within room in violathirty 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 two hundred dollars.