Democratic Sentinel, Volume 13, Number 47, Rensselaer, Jasper County, 13 December 1889 — GENERAL ELECTION LAW [ARTICLE]

GENERAL ELECTION LAW

INCLUDING BRIBERY LAWS. An Act concerning elections, providing j enalties for the violation of the sam?, and repealing al laws in conflict therewith. [Approved March 6, 1889.] (Continu ed. Sec. 24. The Governor of the State shall not certify the name of a candidate whose certificate of nomination shall have filed in his office who shall have notified him in a writing signed and executed with the formalities prescribed for the execution of an instrument to entitle it to recoid that he will not accept the nomination contained in the certificate or petition of nomin' lion. The county clerk shall not include in the publication to be made according to section twerty-three the ■iime of any candidate whosejeertificate, or petition of nomination shall have been filed in his office who shall have notified him in like manner that he will not accept the nomination. The names of such candidates shall not be included in the names c f the candidates to be printed in the ballets as hereinafter provided.

bee. 25. Whenever a proposed constitutional amendment or other question is to be sul mitted to the people of the state for popular vote, the secretary of state shall duly, and not less than thirty days before election, certify the same to the clerk of each county in the state, and the clerk of each county shall include the same in the pubi lication provided for in section 23 in this at. Sec. 26. The board of election commissioners shall cause the names of all candidates of their respective jurisdictions to be print ed on one ballot, all nominations of any party or group of ; etitioners being placed under the title or device or such party or petitioners as designated by them in their certificate or petition; or, if none be designated, under some suitable title and device. The ballots shall be of uniform size and of the same quality and color of paper, and sufficiertly thick that the printing can not be distinguished from the back. All ballots prepared by the state board of election commissioners shall be printed on red tinted paper, and pr t in blocks of one hundred each. All ballots prepared by the county boards ot election commissioners shall be printed on white paper.— If the same device for designating candidates be selected by two parties or groups of petitioners, it shall be given to the one which has first selected it, and a suitable device shall be selected for the other. The arrangement of the ballot shall, in general, conform as nearly as possible to the plan hereinafter given, and the device named and list of candidates of the Democratic party shall be placed in the first column on the left-hand side of said ballot; of the Republican party in the second column; of the Prohibition party in the third celumn, and of any other party in such order as the board of election commissioners shall decide.

[Arrangement of the ballot will be published hereafter.] Sec. 27. In case of the death, removal or resignation of any candidate after the printing of such ballots and before such election, it shall be lawful for the ehairman of the state, district or county political organization of which such candidate was a member to make a nomination to fill such vacancy, and to provide the election board of each precinct in which such candidate is to be voted for with a number of pasters con-, taining only the name cf such candidate at least equal to the number of ballets provided each precinct, but no pasters shall be given to or received by any one

except such election board and such chairman, and it shall be the duty of the polling clerks to put one of such pasters, in a careful and proper manner and in the proper place,on each ticket before they shall sign their initials tnereen. Sec 28. If the printer of such ballots, or any person employed in printing the same, shall give or deliver, or knowingly permit to be taken, any of said ballots by any person other than the board of

lection commissioners, for which such ballots are being printed, or shall print or cause or perm? to be printed any ballot in any other form than the one prescribed by this act, or with any other names or devices thereon arranged in any oth: r way than that authorized and directed by the said board of election commissioners, Le shall be guilty of felony, and on conviction thereof shall be imprisoned in the state penitentiary not less than three nor more than ten years, and be disfranchised for anj determinate period not less than ten y»-.ars.

Sec. 29. It shall be the duty of each county clerk to appear m p rson or by specially authorized deputy, bearing credentials given under the seal of the circuit court, at the office of the Governor of the state not more than fourteen nor less than ten days prior to each genera] election, and the state board of election commissioners shall thereupon deliver to said clerk ten ballots for every five voters and iraction thereof in each precinct of his county at the last presidential election, or if a rew precinct has been established in such county, ten ballots for every five voters of the estimated vote as reported by the board of county commissioners: i rovided, however, That if it shall be made to appear by the affidavit of such clerk that any precinct has so increased in populate n as to have fifty per cent, more voters than at [the] last presidential election, or at the ti«.e of estimate by the board of coun y commissioner*, the state board of election commissioners shall deliver to him two ballots for e. e/y voter so declared by him, under oath, to be resident in said preciuct. The ballots shall, in the presence of the clerk, be wrapped and t’ed in packages, plainly marked, one for each precinct, and securely sealed with wax, and the clerk shall give his receipt tor the samer And for the safe sealing of snch ballots such bo >rd shall provide itself with a seal of such design as it may deem proper, tut them same design shsll no* be used for anv two consecutive elections. The state board of election commissioners shall also provide and inclose in each of said sealed packages a cross (X) or such other device as they may select, together with ink pads or other necessary apparatus ready for use. The state board of elecs tiou commissioners shall, from time to time, certify to the auditor of state the necessary expenses of the preparation and distribution of the state ballots and stamps, and the auditor shall audit and issue his warrants for the same, which shall be paid out of any funds in the state treasury not otherwise appropriated.

Bee. 30. An allowance shall be made to the clerk by the board of county commissioners of five cents per mile for the dista ce necessarily traveled in going to and re turning from the office of Governor of the state; but in case said clerk of any county shall fail to appear at the office of the Governor of the state by the close of the tenth day prior to election, the state board of election commissioners shall forthwith dispatch a special messenger to such county with the ballots for the county; which messenger, before receiving such ballots, shall take and subscribe to an oath, to be administered to him by the secretary of state, which oath shall be filed with said board of election commissioners, and shall be in the words follow** mg:

State of Indiana, ) County of Marion, j * I, swear (or affirm, as the case may [ be]) that I will take charge of the election ballots deliver d to me by the state board of election commissioners for the county of ...., and will safely deliver said ballots in sealed packages, and in the same condition as received by me, to the clerk of said county at the earlie t time that I can reach the county seat of said county. So help me God. Subscribed and sworn to I efore me this .... day of ...., 18... And in such case said messenger shall be allowed three dollars per diyfor the time necessarily employed, and three cents per mile for the distance necessarily traveled by him, which allowance shall be Certified to the treasurer of such county, and deducted from the first moneys thereafter occruing to such clerk payable by the treasurer. — The amount so deducted shall be remitted by the county treasurer to the treasurer of state.

Seo. 31. Ii any member of the board of election commissioners shall give or deliver to any other person any of said ballots, or shall perm't any of them to be taken away, except as herein provided, he or they shall be guilty Ji felony, and on conviction shall be punished,by imprisonment in the state penitentiary for not less than three nor more than ten years, and be disfranchised for any determinate period not less than ten years. Sec. 32. If any person shall take or remove in any manner, feloniously or with the consent oi permission of the custodian for the time, from any place where th.y may lawfully be under this act, any of such ballots or stamps, or be found in custody or possession of such ballots or stamps (except as an official or custodi .n under this act, or while within the polling place for the purpose of voting); or if any such custodian or official shall consent to or permit, any of such ballots oi stamps to be removed or carriad away from the place where they may lawfully be by any person, except an official or custodian under this act whose duty it is to receive the same, such

person, custodian or official shal be deemed guilty of a felony, and on oonvictioa shall be punished by imprisonment in the penitentiary at hard labor for not less than three nor more than ten y are, and be disfranchised for any determinate period not less than ten years. Sec. 33. It shall be the duty of each election inspector, or in case he can not attend, some other member of the election board authorized in writing by the inspector, to appear at the office of fbe clerk of the circuit eourt of his ccunty not more than three nor less than two days before each election, and the county board of election commissioners shall deliver to him the sealed package of ballots and the stamps provided for his precinct by the state board of election commissioners, and also ten of the local ballots printed under t e direction of the county board of elec* tion commissioners for each five or fraction thereof of the of votes cast at cuch precinct at the last presidential election; or if

a new precinct for each five or fraction of five voters, as estimated by the county commissioners: Provided, however, That in case it • be made to appear by affidavit of such Inspector that the lumber of voters in his precinci nas increased more than fifty per cent,* since the last presidential election or estimate by the board of county commissioners, then shall ba delivered to him two ballots tor each voter so declare! under oath by h»m to reside in the precinct. The local balots shall be wrapped and tied in packages and securely sealed with wax in the presence of said inspector or his representative, who shall receipt for the same; and for the safe sealing of such ballets the county board of election commissioners shall provide themselves with a seal| of such design as they may deem proper, but the same design shall not be used at any rwo consecutive elections and said packages shall not be opened until delivered to the election board of the respective vo'ing precincts to which they are di-, rected, and said Boards shall be fully organized and ready for the reception of votes, as in this act provided. (Tobe continued.)