SS 1836-1837. ELECTIONS. CHAP. 88 day prior to the election, or on the day following, or, in presidential years, on one of the two days following; or they may register on the Saturday next preceding the election. On all these days the registers are required to be in session at the usual voting places from 8 o'clock in the morning until 9 o'clock at night. (Code, §§ 1077, 1080.) They are also required to be in session on the day of election somewhere near, but not within one hundred feet of, the place of voting. On this day persons who were absent from the city during all the days fixed for registration may register; also foreigners who have received their final naturalization papers since the preceding Saturday; also persons whose names were on the preceding Saturday, in their absence, stricken from registration, and who on election day prove to the satisfaction of the registers that they were entitled to vote in that precinct. (Code, § 1082.) Sec. 1836. Employes protected in their right to vote.— "Any person entitled to vote at a general election shall, on the day of such election, be entitled to absent himself from any services in which he is then employed for a period of two hours, between the time of opening and closing the polls, which period may be designated by the employer, and such voter shall not be liable to any penalty, nor shall any deduction be made from his usual salary or wages, on account of such absence, but application for such absence shall be made prior to the day of election. Any employer who shall refuse to an employe the privilege conferred by this section, or shall subject such employe to a penalty or reduction of wages because of the exercise of such privilege, or shall in any manner attempt to influence or control such employe as to how he shall vote, by offering any reward, or threatening discharge from employment, or otherwise intimidating or attempting to intimidate such employe from exercising his right to vote, shall be punished by a fine of not less than five nor more than one hundred dollars." (Code, § 1123.) Sec. 1837. How to vote-rules for marking ballots, etc.— Cards of instruction are posted at and about every voting place on the day of election, informing the voters just how they are to proceed in preparing and casting their ballots, and these matters are also fully and frequently explained in the newspapers upon the approach of every general election. Yet there is scarcely a precinct in the state at which more or less ballots are not rejected in the counting, simply because they are improperly marked. Now, the only ballot that can be counted is what is called the official ballot. and it is prepared by officers charged by law with that duty. The voter must get his ballot from the election officers on election day, and be must at once go into one of the election booths and so mark his ballot as to indicate for whom he wishes to vote. The names of all the candidates of all the political parties are printed on this ballot, those of each party being arranged in a separate column, with the name of the party printed at the head of the column. Just before the party name is printed a circle, and just before the name of each candidate is printed a square. The voter will find in each booth a pencil with which to mark his ballot. The ballot is usually a large sheet of paper, and when handed to the voter it will be folded, and will bear the initials of one of the judges of election. Now the voter must take this ballot and go alone into one of the booths and proceed to mark it. The process is very simple, and he can make no mistake if he will observe the following RULES FOR VOTING: RULE 1. If you desire to vote a straight party ticket,-that is, for all the nominees of any particular party,-make a cross in the circle preceding the party name at the head of the ticket, and make no other mark on the ballot. RULE 2. If you do not wish to vote a straight party ticket, then make CHAP. 88. ELECTIONS. § 1838 a cross in the square preceding the name of each candidate you wish to vote for, and make no other mark on the ballot. RULE 3. If you wish to vote for a person whose name is not printed on the ballot, you may do so by writing it in the proper place and making a cross before it. If there is a square for an office, but no name printed opposite it, you may write a name there and then make a cross in the square. RULE 4. If one or more constitutional amendments or other public measures are to be voted upon, the propositions will be printed in full on a separate ballot on yellow paper, and after each proposition will be printed the words "yes" and "no," and after each of these words will be a square. If you wish to vote for the proposition, make a cross in the square following the word "yes;" or if you wish to vote against the proposition, make a cross in the square following the word "no," and make no other mark on the ballot. RULE 5. Never mark your ballot with anything but a cross of two lines; a ballot marked in any other way cannot be counted. RULE 6. If you cannot read the English language, or are physically unable to mark your ballot, you may make oath to that effect before the judges, and then two of them, of different political parties, will go with you into the booth and assist you. RULE 7. If by any mistake you spoil a ballot, return it to the judges and get another. RULE 8. When your ballot is properly marked, fold it so that your marks cannot be seen, and then return it to the judges. The better plan is to fold it as it was when you received it. It is a criminal act to let any person see how your ballot is marked. RULE 9. Be sure to return to the judges before leaving the enclosure all ballots received from them. To carry any such ballot away is a criminal act for which you may be arrested and punished. RULE 10. You are allowed to be within the enclosure occupied by the judges only once during the election, and then for only ten minutes. Within that time you should receive, mark and return your ballot, and then retire. You are entitled to five minutes only within the voting booth to mark your ballot, but if no other voter is waiting to use the booth, the judges may allow you a few minutes more. Sec. 1838. The challenging of voters. On this subject the statute provides: "Any person offering to vote may be challenged as unqualified by any judge or elector; and it is the duty of each of the judges to challenge any person offering to vote whom he knows or suspects not to be duly qualified; and he shall not receive a ballot from a voter who is challenged, until such voter shall have established his right to vote. When any person is so challenged, the judges shall explain to him the qualifications of an elector, and may examine him under oath toucbing his qualifications as a voter. In all precincts where registration is not required, and in other precincts where the name of such voter is entered upon the registration lists, if the person challenged insists that he is qualified, and the challenge is not withdrawn, one of the judges shall tender to him the following oath: 'You do solemnly swear that you are a citizen of the United States, that you are a resident in good faith of this precinct, that you are twenty-one years of age as you verily believe, that you have been a resident of this county sixty days, and of this state six months next preceding this election, and that you have not voted at this election,' and if he takes such oath, his vote shall be received.) (Code, § 1115.) Each political party having candidates to be voted for may, through its executive or central committee, appoint a committee of not more than three persons to challenge voters, and such committees have the right to be present SS 1839-1840. ELECTIONS. CHAP. 88 at the polling place at all times while the election is progressing. (Code, § 1124.) Sec. 1839. Loitering and electioneering about polling placesinterference with voters-marking ballots for identification. On these subjects the statute provides: "No persons shall, during the receiving and counting of the ballots at any polling place, loiter or congregate, or do any electioneering or soliciting of votes, within one hundred feet of any outside door of any building affording access to any room where the polls are held, or of any outside door of any building affording access to any hallway, corridor or stairway, or other means of reaching such room, nor shall any person interrupt, hinder or oppose any voter while approaching or leaving the polling place for the purpose of voting; but any person who is by law authorized to perform or is charged with the performance of official duties at the election, and any number of persons, not exceeding three from each political party having candidates to be voted for at such election, to act as challenging committees, who are appointed and accredited by the executive or central committee of such political party or organization, respectively, or of persons not exceeding three from each of such political parties, appointed and accredited in the same manner as above prescribed for challenging committees, to witness the counting of ballots, may be present at the polling place." (Code, § 1124.) as "No person shall on election day do any electioneering or solicit votes within any polling place, or within one hundred feet therefrom, defined in this chapter, or interrupt, hinder or oppose any voter while approaching the polling place for the purpose of voting; nor shall any voter, except as provided by law, allow his ballot to be seen by an person, or make a false statement as to his inability to mark his ballot; nor shall any person interfere or attempt to interfere with any voter when inside the inclosed space, or when marking his ballot, or endeavor to induce any voter, before voting, to show how he marks or has marked his ballot; nor shall any person mark, or cause in any manner to be marked, on any ballot any character for the purpose of identifying such ballot. Any violation of the provisions of this section shall be punished by a fine of not less than five nor more than one hundred dollars, or by imprisonment for not less than ten days nor more than thirty days in the county jail, or by both fine and imprisonment." (Code, § 1134.) Sec. 1840. Offenses against the right of suffrage. The title of this section is also the title of chapter 8, title 24, of the Code, which defines and prescribes the punishments for many offenses of the character referred to. The chief of these are: The bribing or attempting to bribe voters, and the receiving of bribes by voters (Code, § 4914); voting more than once (Code, § 4918); voting and counseling to vote when not qualified (Code, §§ 4919- 4922); preventing or attempting to prevent one from voting by force or threats (Code, § 4924); procuring or endeavoring to procure votes by influence, force or threats (Code, § 4926); bribing or attempting to bribe election officers (Code, § 4925); fraudulent registration by voters (Code, § 4931). The other sections of the chapter, except sections 4915-4917, relate to various kinds of official misconduct on the part of election officers. Sections 4915-4917 are recent legislation, and deserve the special attention of politicians, because they forbid certain practices which are far too common. They are therefore set out in full: "If any person shall make an agreement with another to pay him any sum of money or other valuable thing in consideration that such other person shall refrain from voting at any election, or shall induce other qualified elec CHAP. 88. ELECTIONS. § 1841 tors to refrain from voting, or that such other person shall perform any service or labor on any election day in the interest of any candidate for any office who is to be voted for at such election, or in the interest of any measure or political party, he shall be fined in any sum not less than fifty nor more than three hundred dollars, or be imprisoned in the county jail not exceeding ninety days." (Code, § 4915.) "Any person who shall, in consideration of any sum of money or other valuable thing, agree to refrain from voting at any general or municipal election, or to induce or attempt to induce others to do so, or agree to perform on election day any service in the interest of any candidate, party or measure in consideration of any money or other valuable thing, or who shall accept any money or other valuable thing for such services performed in the interest of any candidate, political party or measure, shall be punished as provided in the preceding section." (Code, § 4916.) "Nothing in the two preceding sections shall be so construed as to punish individuals or committees of any political party for making contracts in good faith for the conveyance of voters to and from polling places and the payment of any reasonable compensation for such services." (Code, § 4917.) Sec. 1841. Illegal voting at primary elections. This subject is covered by a law of very recent date, found in Acts of 27th General Assembly, chapter 111. It is as follows: "Whenever any political party shall hold a primary election for the purpose of nominating a candidate for any public office or for the purpose of selecting delegates to any convention of such party, it shall be unlawful for any person not a qualified elector, or any qualified elector not at the time a member in good faith of such political party, to vote at such primary election. Any person violating the provisions of this section, and any person knowingly procuring, aiding or abetting such violation, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not to exceed one hundred dollars, or be imprisoned in the county jail not to exceed thirty days. "It shall be prima facie evidence of the violation of the preceding section for any person who has participated in any primary election of one political party to vote at a primary election held by another political party, to select candidates to be voted for at the same election, or to select delegates to any convention of the party holding such primary election. "Any judge of such primary election shall have power to administer oaths to, and to examine under oath, any person offering to vote at such election, touching his qualifications to participate in such primary election, and it shall be the duty of such judge of election to so examine or cause to be examined any person challenged as to his right to vote. Any person testifying falsely as to any material matter touching his qualifications to participate in such primary election shall be deemed guilty of perjury, and punished accordingly. "Nothing in this act shall be construed to apply to conventions held under the caucus system." 1857. Relatives liable for support of paupers. 1858. Support by county in or out of poorhouse. 1859. Collection of pauper bills from county-what necessary. The word "pauper" is synonymous with "poor person," as used in the Code, which is defined to mean one who has no property, exempt or otherwise, and is unable, because of physical or mental disabilities, to earn a living by labor. (Code, § 2252.) Sec. 1857. Relatives liable for support of paupers. "The father, mother and children of any poor person, who is unable to maintain himself or herself by labor, shall jointly or severally relieve or maintain such person in such manner as, upon application to the township trustees of the township where such person has a residence or may be, they may direct. In the absence or inability of nearer relatives, the same liability shall extend to grandparents, if of ability without personal labor, and to the male grandchildren who are of ability by personal labor or otherwise." (Code, §§ 2216, 2217.) "Upon the failure of such relatives so to relieve or maintain a poor person who has made application for relief, the township trustees may apply to the district court of the county where such poor person resides or may be for an order to compel the same." (Code, § 2218.) The next section (2219) of the Code prescribes how such proceeding shall be conducted, and requires the court to make such order as the facts justify. The order may be for the entire or partial support of the applicant; may be for the payment of money or the taking of the applicant to a relative's house; or may assign him or her for a certain time to one and for another period to another, as may be just and right, taking into view the means of the several relatives liable; but no such assignment can be made to one who is willing to pay the amount necessary for support. Such order may be varied from time to time, as circumstances may require, upon proper proceedings. When a county has expended money for the relief of a poor person, it may recover it of the relatives who were liable for his support under the statutes above quoted, or from the poor person himself, should he become able to pay, or from his estate, should he die leaving property (Code, § 2222), and a more distant relative who may have been compelled to aid a poor person may recover from any one or more of the nearer relatives; or he may recover contribution from others of the same degree; or he may recover from the poor person or of his estate, if he afterwards acquires property (Code, § 2223) |