Democratic Sentinel, Volume 14, Number 37, Rensselaer, Jasper County, 10 October 1890 — THE NEW ELECTION LAW [ARTICLE]

THE NEW ELECTION LAW

| INSTRUCTIONS IN DETAIL AS TO VOTING BY A NEW SYSTEM. The Report of a Committee Selected by the State Chairmen of the Two Great Parties—How Votinff Must Re Hone. The committee, consisting of three lawyers of each of the two leading political parties appointed to take cognizance of points brought forward by the new election law, have completed their work and reported the result of their labors to the Chairmen of the Republican and Democratic State committees, The gentlemen engaged in this work were James B. Black, Addison C. Harris and Roscoe O. Hawkins on behalf of the Republicans, and Judge William E. Niblack, James McCabe and Jacob P. Dunn, jr M for the Democrats. The first section of the report applies to the order in which the ticket shall be printed, that of State being as follows: Secretary of State, Auditor of State, Treasurer of State, Judge of the Supreme Court—Fifth district, Attorney General, Clerk of the Supreme Coqrt, Superintendent of Public Instruction, Chief oiTlureau of Statistics, State Geologists On the local tickets, the names of the .candidates the committee advise should be In the following order, r.s far as applicable to the particular county; Representative in Congress, Judge of Circuit Court, Prosecuting Attorney, Judges of Superior Court, Judge of Criminal Court, Senator, joint Senator, Representative, joint Representative, Clerk of Circuit Court, County Auditor, County Treasurer, Recorder, Sheriff, Coroner, County Surveyor, County Commissioner. t The report then continues:

CHUTE. In constructing the chute, and in enforcing the provision that no person shall remain within fifty feot of the challenge window, regard should be had to the purposo of the statute. I'aHsage along the highway should not be unduly obstructed. Persons j>assing or being within fifty feet for manifestfy necessary and lawful purposes should not be hindered or molested. We recommend tho following instructions to votors, required by Section 35 to be printed on tlie cards which are to be posted at the polls, as sufficient to meet the requirements of the law: IN.3TRUCTIONS TO VOTERS. First—You must get your ballots of the polling e’erk in the election-room. Second—ls you want to vote a straight ticket, stamp the square to the loft of the numo of the party ior whose candidates you wish to vote. If you do not wish to vote a straight ticket, then do not stamp the square to the loft of the name ot your party, but stamp tho square to the left of the name of each candidate for whom you desire to vote on whatever list ol candidates it may be. Third—Do not mutilato your ballot, or mark It either by scratching a name off or writing one on, or in any other way except by the stomping on tho square or squures ns before mentioned. Otherwise tho ballot will not he counted. Fourth—After stamping yonr ballots, and before leaving tho booth, fold them separately, so that the face of them cannot be seen, anil so that the initial letters of tho names of the polling clerks on the back thereof can bo seen. Then hand your ballots to the Inspector, the stamp to the polling clerk, and lonve tho room. Fifth—lf you are physically unablo to stamp your ballot or cannot read English, so inform the polling clerks, and tell them how you wish to vote, and they will stamp your ballots for you. But the voter and clerks should not permlt any other person to hear or see how the ballot is stamped, Sixth —If you should accidentally, or by mistake, deface, mutilate or spoil your ballot, return it to tho poll clerks and get a now ballot. Sec. 43. Whoever shull knowingly or willfully make a false affidavit, under any of the provisions of this act, shall he doomed guiltv of perjury. Sec. 50. Any person who shall remove or attempt to remove a ballot or stamp from the election-ropm, or having in his possession outside tho election-room any ballot or stamp, either genuine or counterfeit, during the election, shall be guilty of felony, and on conviction shall be imprisoned in the penitentiary not less than two nor more than five years, and be disfranchised for any determinate period not less than te:i years. Sec. 55 If any persi-n not herein authorized so to do shall enter or attempt to enter tho election-room, or enter or attempt to enter within tho railing loading from tho challenge window to the entrance of the election-room without first having been passed by tho challengers, or having been sworn in as beroinbefore provided, or shall remain within fifty feet of the {wiling place, contrary to the provisions hereinbefore made, lie shall be guilty- of a misdemeanor, and on conviction thereof ue fined not more than SSOO. Sec. 56. If any person shall induce, or attempt to Induce, unv elector to writo, paste, or otherwise place ou bis builot tho 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 conspiracy with any other person to induce or attempt to induce electors, or any eloceor, to so place aay distinguishing name or mark upon his ballot, whetner or not said act he committed or attempted to be committed, ■such person so offending shall bo guilty of felony, and, on conviction, bo imprisoned not more than Jive nor less than two years in the State’s prison. Sec. 53. 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 tho voter for the purpose of enabling the voter to prepare his ballot, or shall, during an election, remove, tear dowm, 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 uny of such acts are committed or attempted to be committed, shall be guilty of a misdemeanor, and on conviction shall be punished by imprisonment for not less than Rix months nor more than one year aud bo disfranchised for any determinate period not less than ten years. Sec. 60. No officer of election shall disclose to any person the name of any candidate for whom any elector has voted. No officer of election shall do any electioneering on election day. No person whatever shall do any electioneering on election day within any polling place, or within fifty feet of any polling place. No person shall apply for or receive any ballot in any polling place other than that in which he is outi led to vote. No person shall show his hallo: utter it is marked to any person in such away as to reveal the contents thereof, or the name of any candidate, or candidates for whom he has marked his vote; nor shall any person examine a ballot which an elector has prepared for voting or solicit the olector to show the same. No person except the inspector of election, or judge who may be temporarily acting for him, shall receive from any voter a ballot propured by him for voting. No voter shall receive a ballot from any person other than one of tho poll clerks ; nor shall any person other othan a poll clerk deliver a ballot to an inspector to be voted. No voter shall deliver any ballot to an inspector to be voted, except the one he receives from the poll clerk. No 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 violate any provision of this section shall be deemed guilty of a felony, and, on conviction, shall be punished by Imprisonment for not less than 6ix months nor more,than one year, and by fino 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. SAMPLE BALLOTS. The sample State and local ballots, provided for by Section 35 of tho statute, acts of IHB9, page 174, throe of which are to be posted by the Inspector in and about each polling place, should be printed in large type, each on a shoot of paper about 25x38 inches in size. Tho sample State ballot will be preparod by the State Election Commissioners, and inclosed In the package of State ballots for each precinct. They will be printed on yellow paper, and will have printed thereon the words: “Sample Ballots. Genuine State ballot is oh red paper." The sample local ballot should be prepared by the County Board of Election Commissioners, and inclosed in the package of local ballots for each precinct of tho county. The sample local ballot should be printed bn green paper, and should have pripted thereon the words : “Sample ballots. Genuine local ballot is on white paper.” If deemed desirable by committees of political parties or by candidates for the purpose of the instruction of voters ballots conforming to the above description of sample ballots may be printed of any size, on yellow and green paper,

respectively, and posted up or circulated by such committee or candidates at any time during the political canvass! BALLOTS. As there are two ballots and two ballotboxes, inspectors should be extremely careful to put the red ticket in the red box and the white ticket in the white box. The initials of the poll clerks on the back of each ballot should be scrutinized before the ballot is depositeu in tho box, as a safeguard against possible forgery of ballots. In case a voter offers a ballot that is not folded so as to show the initials of the poll clerk it should be returned to him, with instructions to go into | the booth and refold it eo that they will be i shown. If a voter offers a ballot so folded that the name of any candidate voted for is disI closed it cannot be placed in the box, and ho cannot thereafter be allowed to vote. This ballot should be surrendered and destroyed, and a minute of the occurrence, with the statement of the destruction of the ballot, should be entered upon the poll-list, opposite the name of the person. CHALLENGERS AND POLL-BOOK HOLDERS. Section 41 of the Act of March 6, 1889, provided “One challenge! 1 aud one poll-book holder appointed anti designated by each party organization shull be entitled to stand at the side of the chute near the challenge window." The County Chairman should provide a written appointment for such persons, which should bo recognized by the Election Board, unless revoked and a substitute appointed over the same signature. The judges of the Marion Superior Court have constructed Section 2 of the Political Purity Act of March 9, 1889, (Chapter 130. Acts 1889,) to prohibit the payment of challengers, poll-book holders, drivers, or any other party-workers on election day. We acquiesce in their construction of that act. ELECTION SHERIFFS. Election sheriffs will preserve order at the polls, make arrests on the demand of a member of the Election Board, or on affidavits. They should conduct blind voters or others needing physical assistance through the chute and to aud from the voting-room. They should attend from tho opening of tho polls to the conclusion of the count. COUNTING OUT. When the polls arc closed the Election Board mußt first count the ballots remain ng and unvoted, and the clerks must record the number of unvoted ballots on the tally-sheets. Thereupon these unvoted tickets must be totally consumed bv fire. The board must then count the Slate ballots before counting the local ballots, by laying each ballot upon the table in the order in which it is token 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. If a ballot is not stamped on one of the squares at the left of tho titles of the tickets it will be counted for the names with stamps on the squares to tho left of them, and no others. If two or more names of opposing candidates for the same office ore stamped neither can be counted. If the title of a ticket is stamped and no names are stamped, the ballot will be counted for all the names on the ticket whose title is stamped. It two or more titles are stamped, the ballot must ba treated as if neither title were stamped. If the title of one ticket is stimped and also numes on other tickets, the ballot must be counted for the names so stamped and also for all the names under the title stamped, except the opponents of names stamped. This is subjoct to the following exception : In cose there ure two or more candidates for the same office on the some ticket, as in case of candidates for i the Legislature, judges of the Superior Court, I justices of the peace, etc., in some counties, if j the title of ono ticket and the names of one or , more, but less than all, of such candidates on j another ticket are stamped, such ballots cannot be counted for any of the candidates for such offices, for the reason that the intention of the voter is not apparent. If a voter desires to vote a mixed ticket, as to such offices, ho must stamp.the name of each candidate for whom ho desires to voto, whether he stamps the titlo of a ticket or not. To avoid possibility of mistake, in such eases, olection officers shpuld advise votors, if they vote a mixed ncket, to stamp the name of each person voted for. If any ticket is found not indorsed with the initials of the poll clerk, or if any ticket bears any distinguishing mark or mutilation, it shall not bo counted; so if any ticket properly indorsed and not mutilated, is so made up that it is impossible to determine from the ballot the elector’s choice of candidates, such ballots shall not be counted as to the candidate or candidates affected thereby, but should be counted as to the candidates not thereby affected. In making the count, if any member of the board shall protest or object to the decision of a majority theroof, as to counting or not counting the ticket, 3uch ballots must be preserved by the inspector, and the poll clerks must record ou the tally-sheets a memorandum Btating how the tickets were stamped and counted, describing them for identification. Ou completing the count of the State ballots and recording the tallies, the board must then totally consume by fire the undisputed ballots, and tho inspector must preserve, as hereafter stated, the disputed ballots. The board will then proceed to count the local ballots in the same manner. The count ended, tne board must fill up the election return papers, showing the total vole cast for each candidate, and immediately make a memorandum of the total voto cast for each candidate, and deliver a copy thereof to each member of sngb board.

RETURNS. The count being completed, tho board must place iu a puper ha : or envelope, to be furnished for that purposo. all affidavits made and taken during the election, which bag or envelope must be securely sealed by tho boacu. Each member of the board must indorse his name on the back of such bag or envelope, which must be directed to the clerk of the county, to whom the inspector must deliver such bag or enveleoe within three days. All protested and disputed 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 tho beginning of the election. The inspector must seul this bag with wax, and indorse thereon the number of ballots therein and with tho name of tho township and the number of tho precinct. And each inspector shall deliver the same at the earliest possible period to tho clerk of the county. In a third bag must be placed one of the lists of voters kept by the poll clerks and ono of the tally-papers, which bag must bo tightly closed aud sealed with wax by the inspector in the presence of the judgss ; aud the inspector must deliver the same to the county clerk on or before the Thursday next succeeding the day of election, and inuko the affidavit required by Section 4713 oi the ltevised Statutes ol 1891.