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months prior to this election I have resided at.....

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residence in the precinct 30 days, and in the township

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I swear that I am informed and believe that

now offering to vote is not a legal voter in this precinct, and that I obtain such information from....

....and

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I do solemnly swear, (or affirm, as the case may be), that I am a qualified voter in this precinct; that I have been a freeholder or resident householder in this precinct for one year, or a resident householder for two years next preceding this election; that.......... who now desires. to vote, has resided in this Territory for six months immediately preceding this election; that he has resided in this township sixty days, and in this precinct thirty days, at........; that he is now a bona fide resident of this precinct, and a legal voter therein. These facts I know of my own personal knowledge.

Subscribed and sworn to before me this....day of..... Illegal voter; SECTION 38. If at any time during the election any qualified elector shall make affidavit before the inspector that any person who has voted is an illegal voter in such

affidavit; ar

rest.

precinct, the person accused shall at once be arrested by the constable of the township in which such precinct is located. Immediately after the close of the election the inspector shall deliver such affidavit to some justice of the peace in the township, who shall proceed thereon as if the affidavit had been made before him.

SECTION 39. Whoever shall knowingly or willfully Perjury. make a false affidavit under the provisions of this Act,

shall be deemed guilty of perjury.

'ployment of;

SECTION 40. No person entitled to vote at any general, Voter, emNational, Territorial or county election shall be employed mi demeanor. upon the day on which such election shall be held in any manufacturing, mining, mehanical or mercantile establishment, or any railroad or corporation in this Territory during the period of four hours after the opening of any election in the county in which such person is entitled to vote, except as to works of necessity, in which works of necessity every employee shall be given some period of four hours between the opening and closing of the polls. on said day; and any district court may enforce the provisions, of this section in term time, or in vacation, by mandate, or otherwise, upon the application of any voter. Every officer of any corporation, owner, superintendent, overseer, or foreman, who employes or permits to be employed any person in violation of this section shall be deemed guilty of a misdemeanor, and, upon conviction shall be fined not less than fifty nor more than five hundred dollars.

voting.

SECTION 41. When a voter shall have been passed by Marner of the challengers, or shall have been sworn in, he shall be admitted to the election room: Provided, That not more than three voters shall be allowed in the room at any one time. On entering the room the voter shall announce his name to the poll clerks, who shall register it. The clerk holding the ballots shall deliver to him one Teritorial and one local ballot and the clerk holding the stamp shall hand the same to him and on request of any elector the

judges shall instruct the clerks to inform such voter as to the manner of voting, and by consent of a majority of the board, the voter may call upon two interpreters of dif ferent political faith. The voter shall then, and without leaving the room, go into any of the booths which may be unoccupied, and indicate the candidates for whom he desires to vote by stamping in the square immediately preceding their names, and indicate his preference on any question or constitutional amendment or other special matter, by stamping in the square in the front of the words "Yes" and "No" under such questions: Provided, however, That if the voter shall desire to vote for all of the candidates of one political pa ty or gr up of petitioners he may stamp in the square surrounding the device under which the candidates of said party or group of petitioners are printed, and the vote shall then be counted for all the candidates under that device, unless the square in front of the name of one or more candidates under another device shall also be stamped, in which case the names of the candidates so stamped shall be counted and the names of other candidates for the same office under the other devices on the ballot shall not be counted. Before leaving the booth or compartment the voter shall fold his ballots separately, so that no part of the printed matter on the ballots shall be exposed, and, on leaving the booth or compartment shall return the stamp to the poll clerk from whom he received the same and deliver the ballots to the inspector or to the judge who may temporarily be authorized to act for him, who shall forthwith, in the presence of the voter, and of the election board deposit the same in the respective ballot boxes, the Territorial ballot in the red box and the local ballot in the white box, and the clerk shall write the word "Voted" after the name of the voter on the poll list: Provided, however, That if any elector shall show his ballot or any part thereof to any person so as to disclose to him any of the candidates voted for, such ballots shall not be deposited in the ballot box. A minute of such occurrence shall be made on

the poll list and such person shall not be permitted to vote thereafter. The person shall then leave the room but no person to whom a ballot and stamp, or either, has been delivered shall be permitted to leave the room without voting the ballots or returning them, together with the stamp, to the clerk from whom he received the same. Any voter who shall attempt to leave the room with a ballot or stamp in his possession shall be at once arrested on demand of any member of the election board.

persons in

SECTION 42. Not more than one person shall be per Number of mitted to occupy any one booth at one time; and no per booth. son shall remain in or occupy a booth longer than may be necessary to prepare his ballot, and in no event longer than five minutes. Not more than three persons other than the election officers shall be permitted to enter or be in the election room at any one time, and no voter or person offering to vote, shall hold any conversation or communication with any other person than a member of the election board while in the election room.

ballots.

SECTION 43. Any person who shall, by accident or mis- Muti'ating take, spoil deface or mutilate his ballot, may, on returning the same to the poll clerks and satisfying them that such spoiling, defacing or mutilation was not intentional, receive another in place thereof, and such clerk shall make a minute of the fact on the poll lists at the time and the mutilated ballots shall then be destroyed by the inspector in the presence of the board.

clerks to aid

SECTION 44. Any elector who declares that by reason when poll of physical disability or inability to read the English elector. language, he is unable to mark his ballot, may declare his choice of candidates to the poll clerks, who in the presence of the elector and in the presence of each other shall prepare the ballots in the manner herein before provided, and on request shall read over to such elector the names of the candidates as marked. Any one making a false declaration under the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction

Ballots not de

posited.

Removal of stamps, felony.

Unvoted ballots destroyed.

Canvass of votes; record;

be fined in any sum not exceeding twenty dollars; and any poll clerk or poll clerks who shall deceive any elector in selecting or marking any ballot, or mark the same in any other way than as requested by said elector, shall be guilty of a felony and on conviction shall be imprisoned in the penitentiary for not less than one nor more than five years.

SECTION 45. No inspector of election or judge acting for an inspector shall deposit any ballot upon which the initials of the poll clerk, as herein before provided, do not appear, or any ballot on which appears externally any distinguishing mark, defacement or mutilation.

SECTION 46. Any person who shall remove or attempt to remove a ballot or stamp from the election room, or having in his possession outside the election room any ballot or stamp, either genuine or counterfeit, during the election, shall be guilty of a felony, and upon conviction, shall be imprisoned in the penitentiary for a period not exceeding five years.

SECTION 47. Immediately on closing the polls, the board shall count all the ballots remaining unvoted, record the number of the same on the tally sheets, and destroy all of such ballots by totally consuming by fire. SECTION 48. The board shall than proceed to canvass disposition of the votes beginning first with the Territorial ballots and ballots. completing them before proceeding with the local ballots. If, in the canvass of the votes, any ballot is found not indorsed with the initials of the poll clerks, as provided in this Act, and any ballot which bears any distinguishing mark, the same shall not be counted, but shall be preserved by the inspector, and at the close of the count, placed with the seals of the ballot packages in paper bags, securely sealed and so returned with the ballot box to the county clerk. The poll clerks shall make a memorandum on the tally sheet of the number of mutilated ballots and the condition of the seal of the ballot packages. Any ballot upon which the judges are unable

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