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of ballots; ballots sealed; 61.
stamps and expenses.

Township and county, election.
Town and city election.

62.

Holidays.

messenger.

113

28. Clerk's allowance; special 63. Canvass of returns.

AN ACT concerning Elections and providing penalties for the violation

of the provisions thereof.

Be it Enacted by the Legislative Assembly of the Territory of

Oklahoma:

SECTION 1. General elections for the purpose of elect- When held. ing a Delegate to Congress, Members of the Legislative

Qualified

electors: town

cincts; number
of votes; in-
spector's
report

Assembly, and all county, township and district officers shall be held on the Tuesday succeeding the first Monday in November, 1900, and biennially thereafter.

SECTION 2. The term "qualified electors" within the sips and pre- meaning of this Act, shall include all male persons of the age of twenty-one years or upwards belonging to either of the following classes, who have resided in the Territory for the period of six months, in the township sixty days and in the voting precinct thirty days next preceding any election: First, Citizens of the United States; Second, Persons of foreign birth who shall have complied with the provisions of the laws of the United States on the subject of naturalization; Third, Civilized persons of Indian descent, not members of any tribe.

That the county commissioners of each county in this Territory shall, at their first session after the taking effect of this Act, divide the townships of their respective counties into election precincts and establish the boundaries of the same. Each board of commissioners shall designate at least one place of holding elections in each. township, and every township in which only one place of holding elections is designated shall constitute a precinct. There shall be but one voting place in a precinct. Each precinct shall contain as nearly as practicable two hundred electors, based on the number of votes cast at the last election; but no precinct shall contain more than two hundred and fifty electors. If at any election hereafter two hundred and fifty or more votes shall be cast at any voting place, it shall be the duty of the inspector in such precinct to report the same to the board of county commissioners, who shall at their regular meeting divide such precinct as equally as possible so that the new precincts formed thereof shall each contain two hundred electors as nearly as practicable; but no precinct shall contain more than two hundred and fifty electors, and shall report such division to the county clerk of such county, and to the Governor of the Territory, together with the estimated number of votes in each of the new

precincts. If such board shall fail to act as herein directed, any qualified voter of the county may apply for a writ of mandamus to compel a performance of this duty.

of precincts,

notice; num

ber of elec.ors.

SECTION 3. The board of commissioners of any county Boundaries may change the boundaries of any precinct within such how changed, county, or divide any precinct into two or more precincts, or consolidate two or more precincts into one, or change any place of holding elections, when public convenience or public good may require it: Provided, That no such change, division or consolidation shall be made after the July session of such commissioners next preceding an election: And, provided further, That no change, division or consolidation shall be valid without giving due notice at least one month before any election, by publication in two newspapers published in said county, representing the two political parties which cast the highest number of votes in the Territory at the last general election, or by posters up in four of the most public places in each precinct: And, provided further, That no precinct shall be enlarged so as to contain more than two hundred and fifty electors.

select, when; who eligible.

SECTION 4. Township trustees shall, by virtue of their Inspectors; judges; county office, be inspectors of elections in the precincts in chairman to which they respectively reside, and shall, prior to opening the polls in such precinct, appoint as judges of elections two qualified electors of such precinct, who shall have been citizens and resident householders therein for at least one year next preceding such election, and who are members of different political parties and of the parties which cast the highest number of votes in the Territory at the preceding general election: Provided, That if at least one week or more prior to such election the chairman of the county central committee of either of the two parties that cast the largest number of votes in the Territory at the last general election shall desigrate a member of such party as judge, having the same

County coinmissioners to appoint in

pectors; vacan

cies; judges;

qualifications as above described, he shall be appointed, and such judges, together with the inspector, shall constitute a board of election. No person shall be eligible as a member of the board of election who has anything of value bet or wagered on the result of such election, or who is a candidate to be voted for at such election, or who is father, father-in-law, son, son-in-law, grandfather, grandson, or brother of any candidate at such election. If at any time, before or during an election, it shall be made to appear to any inspector by affidavit of two or more qualified electors of the precinct that either of the judges are disqualified under the provisions of this Act, he shall at once remove such judge and fill the place with a qualified person of the same political party as the judge removed, and in case such [dis] qualified judge shall have taken the oath of office hereinafter prescribed, the inspector shall place such oath and affidavit before the next grand jury of the county.

SECTION 5. Whenever any board of county commissioners shall designate more than one precinct in any election board. township, it shall, at the July term of said board next preceding any election, appoint in each precinct in which no township trustee resides, as inspector of such election, some qualified voter of such precinct, who shall have been a citizen and resident householder in such precinct for at least one year next preceding such election. Such board of county commissioners shall hold a special session one week before each election, shall fill all vacancies that may have occured in the office of inspector, and shall fill any vacancy ocurring thereafter at any regular or called session of the board previous to the election. Such appointed inspector shall, before the time of opening the election, in his precinct, appoint two election judges, if the same have not been already appointed, as hereinbefore provided in the same manner and under the same requirements as provided for township trustees acting as inspectors; and such judges and inspectors shall con

stitute the board of election for such precinct. If any member of an election board shall fail to appear at the hour appointed for the opening of the polls, the remainder of the board shali select a member of his political party to serve in his stead: Provided, That if the qualified electors of his party present at the polls shall nominate a qualified person for such vacancy, such nominee shall be appointed. If none of the members of an election board shall appear at the hour appointed for opening the polls, the qualified electors present shall elect a board viva voce, as nearly as possible in conformity with the provisions hereof, one of whom shall act as inspector. SECTION 6. Such board of election shall appoint as poll clerks poll clerks two qualified electors of such precinct, one from each of the two parties that cast the largest vote in the Territory at the last general election: Provided, That if four days or more prior to such election the chairman of the county central committees of either of the two parties that cast the largest number of votes in the Territory at the last general election shall designate a member of such party as poll clerk, such nominee shall be appointed.

blank forms,

SECTION 7. The county clerk of each county in this Poll Books; Territory, shall make out and cause to be delivered to etc. the inspector of the several precincts in their respective counties, at least ten days previous to any election, a suitable number of blank forms of poll books, containing one column headed "names of voters" and an additional column headed "number of voters," and also forms of election returns, with proper captions, forms of oaths and forms of certificates and tally papers necessary to be used in all elections hereafter held in this Territory.

SECTION 8. Before the polls shall be opened, the in- Oaths of judges and spectors and judges of election shall each make the fol- inspectors. lowing oath, which oath shall be in writing attached to the poll books and returned along with the poll books to the county clerk's office:

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