§ 3. That the secretary of sate be directed to forward certified copies of this act to the clerks of the Boone and Russell county courts.

1851.

Approved March 22, 1851.

CHAPTER 614,

AN ACT to regulate elections.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, as follows:

ELECTIONS.

ARTICLE I.

General Provisions.

§ 1. Whenever in this law, or in any statute hereafter passed, it is said an election shall be held, or an equivalent expression is used in reference to a state, district, or county election, it shall be deemed to mean an election by the qualified voters, to be held at the several places of voting in the various precincts or justices districts, where voters have a right to vote in the election of the officers designated.

§ 2. Whenever a duty is imposed upon, or a power confided to a 'sheriff,' in reference to an election, the same shall apply to any other officer or person acting for him at an election, and to the deputies of the sheriff, such other officer or person, in the same manner as if the duty were imposed upon or the power confided expressly to such other officer, person or deputies; except, that in comparing returns, or in giving the casting vote in the election of a county judge to fill a vacancy, no deputy shall act without the express written authority of the principal.

§ 3. "Officer of an election," as used in this act, means a judge, clerk, or sheriff, or person acting for a sheriff at an election; also, a member of a board for examining pollbooks or making returns.

ARTICLE II.

Election pro

§ 1. The election precincts and places of voting in the several counties in this state shall be the same as the dis- cincts. tricts and places fixed by law for the election of justices of the peace, unless otherwise specially provided for by law.

held.

Elections in

§ 2. That all elections in the city of Louisville, except those for justices of the peace and constables, shall be held Louisvillew here in each ward thereof, the place of voting to be designated by the mayor and council thereof.

Sheriffs to pub

of districts.

§3. It shall be the duty of the sheriffs of the several counties, on or before the first day of April, 1851, to have lish boundaries published, at the expense of the county, the boundaries of the districts, precincts, and places of voting, by causing

1851.

County Court tricts and pre

may change dis

cincts.

Justices and and where elect

constables when

ed.

When term of

office of Justice

and Constable

to commence.

them to be published at least twice in some public newspaper, published in the county, if any, and by posting the same up at each of the places of voting in the county.

§ 4. Districts for the election of justices of the peace and constables, election precincts, and places of voting, may be changed by the county court, in the month of January or February next preceding the regular time of electing justices of the peace, on the petition of a majority of the voters of each district or precinct to be affected by the change; and when any such change is so made, the sheriff shall cause the same to be advertised as above required: and provided, if for any good cause, an election cannot be held at the house appointed as the place of voting, the judges of the election may, on the morning of the election, adjourn it to the most convenient place, after having publicly proclaimed the change.

§ 5. An election shall be held in each of the districts, for the election of two justices of the peace and one constable, on the second Monday in May, 1851; and a like election shall be held for two justices of the peace on the first Saturday in May in every successive fourth year, and for a constable on the first Saturday in May in every successive second year; and at the same time in the city of Louisville, in their districts, for the election of justices of the peace and constables for said city.

6. The term of office of justices of the peace and constables shall always commence on the first day of June in the year of their election, and expire when their successors are qualified. The justices of the peace shall enter on the duties of their respective offices as soon after their terms commence as they shall have received their commissions and qualified thereunder, and shall have filed the same, with the certificate of qualification thereon, in the county To give bond court clerk's office; and the several constables shall, before

and take oath.

County courts to appoint off. cers of elections

for May 1851.

they enter upon the duties of their office, enter into bond, with good and sufficient securities, to be approved of by the court, in the county court, conditioned as now required by law, and shall have taken the oaths prescribed by the constitution and laws of Kentucky.

ARTICLE III.

Elections, how held.

§1. Each county court shall, in the month of March or April next, appoint two suitable persons to act as judges, and a clerk, for each place of voting in their respective counties, who shall act as judges and clerk of the elections to be held on the second Monday in May next; and where, in the opinion of the court, one set of officers of the election will not be sufficient to receive and record all the votes of any one precinct, the court shall appoint two sets of officers.

1851.

When County Courts to

§2. Each county court shall, in the month of June or July in every year, appoint two justices of the peace, if so many there be, or one justice and one other suitable per- point officers of son as judges, and a clerk of the election, for each precinct elections. in its county. It shall also, in the month of March or April, every second year thereafter, appoint two suitable persons as judges and a clerk of elections for each district, for the election of justices of the peace in its county. Such judges and clerks shall hold their offices till their successors are appointed and qualify. Vacancies may be filled at any time by the court, or as herein provided for: Provided, that the court, in appointing officers of elections, shall appoint an equal number from each of the political parties, (whig and democrat,) so long as said parties shall continue in this state: And, provided further, that such counties as do not appoint at their March court, and have no county court in April, may hold a called term to appoint officers for the May elections; said court to be held at any time in the month of April.

Sheriff to no

§3. The sheriff shall, at least five days before the next ensuing election, give each judge and clerk written notice tify officers. of his appointment.

Sheriff to ap

§4. Should the court fail to appoint such judges or clerk, or either fail to attend for thirty minutes after the time for point substitute. commencing the election, or refuse to act, the sheriff or his deputy shall appoint a suitable person or persons to act in his or their stead for that election.

Judges and clerk to take an

5. Each judge and clerk of an election shall, before entering on the duties of his office, take the oath prescribed oath. by the constitution, before some justice of the peace, or it may be administered by the sheriff.

§6. Such judges shall superintend the election, deter- Duties of judg mine upon the legality of all the votes offered, see they are es of elections. properly recorded, with the voter's name, in the poll-book to be kept for that purpose, attend to the proper summing up of the votes, certify the poll-book over their signatures, and deliver the same to the sheriff. They shall also make out duplicate statements, in writing, signed by them, of the number of votes received by each candidate, one copy of which shall be retained by each of the judges, and shall serve as evidence of the result of the election, if the pollbook is not produced.

§ 7. Each clerk, in the presence of the judges, shall sign Duties of clerk. his name at the foot of every page of the poll-book, as the election progresses, so that the same may be thereby identified; and when the judges disagree, the sheriff shall act as umpire between them.

Sheriff to give notice of elec

§ 8. Whenever an election is required to be held for other than militia, town, or city officers, the sheriff shall give ions, &c. notice of the time and places of the election, and the offices to be filled, by written advertisements posted up at

1851.

Coroner's du sheriff is vacant

ty if the office of

ing judge in certain cases.

the several places of voting in his county, at least twenty days before the election, and, by himself and deputies, shall cause the same to be held at the place appointed in each precinct or election district in his county, commencing at six o'clock in the morning, or as soon thereafter as may be, and closing at seven o'clock in the evening.

§ 9. If the officer of sheriff is vacant, or if the sheriff is himself a candidate, at any election, all his duties pertaining to that election shall be performed by the coroner and such deputies as he may appoint for that purpose; or if the coroner is absent, or his office vacant, or he is a candidate, then such duties of the sheriff shall be performed by Duty of presid some person appointed for that purpose by the presiding judge of the county court, and the deputies of such person, if the presiding judge is not himself a candidate. But if the presiding judge is himself a candidate, or if, from any cause, a sheriff is not in attendance, the judges of election at any precinct, or, if one of them is absent, the other judge may appoint a person to act in the place of the sheriff for the election on that day in that precinct. In case of disagreement between the judges, the clerk may appoint such person.

sworn andinterrogated

§ 10. If a person offering to vote is not personally known Persons not to one of the judges, or the sheriff, as a qualified voter, he known, to be shall be interrogated, under oath administered by one of the judges or the clerk, as to his qualification. If, from his statement so made, he appears to be qualified, he shall be admitted to vote, unless his right is disputed by one of the judges or the sheriff, or by some other person present. If so disputed, the judges shall hear witnesses, not exceeding two in number on each side, as to his qualification, and decide as may appear right from the proof and the statement of the party. The word "sworn" shall be written opposite the name of every one voting after being sworn.

Foreigner may be made to pro

duce naturaliza. tion papers.

Nothing in this section shall be construed to exempt a foreigner from producing his certificate of naturalization, unless his qualification is known to one of the judges or the sheriff.

§ 11. The following rules shall be observed in determinRules of resi- ing the residence of a person offering to vote :

dence.

1. That shall be deemed his residence where his habitation is, and to which, when absent, he has the intention of returning.

2. He shall not lose his residence by absence for temporary purposes merely; nor shall he obtain a residence by being in a county or precinct for such temporary purposes, without the intention of making the county or precinct his permanent home.

3. By removal to another state or county, with intention to make his permanent residence there, he loses his former residence.

4. So, also, he loses his residence here by removal to and residence in another state, with intention to reside there an indefinite time, or by voting there, even though he may have had the intention to return here at some fu ture period.

5. The place where the family of a married man resides shall, generally, be considered his residence, unless the family so resides for a mere temporary purpose. If his family is permanently in one place, and he transacts his business in another, the former shall be his residence.

1851.

Questions to be put to voters

12. If a person is objected to as not being a citizen, in addition to any questions the judges may think proper to who are objectask, the following shall be put to him:

1. Have you resided in this state two years, or in this county one year immediately preceding this election? and have you resided in this precinct sixty days next preceding this election?

2. Have you been absent from this state during the two years immediately preceding this election, and, if so, did you, while absent, consider this state as your home, or did you, while absent, vote in another state?

§ 13. If the person is objected to as not a resident of the county or precinct in which he offers to vote, then, in like manner, the following questions shall be put to him:

1. When did you last come into this county (or precinct)? 2. When you came into this county (or precinct,) did you come for a temporary purpose merely, or for the purpose of making it your home.

3. Did you come into this county (or precinct) for the purpose of voting in it?

ARTICLE IV.

Time of holding elections.

§ 1. The election of electors of president and vice president shall be held on the Tuesday next after the first Monday in November, one thousand eight hundred and fifty two, and on the same day in every fourth year thereafter. But the governor may, by his proclamation, appoint the same day in any other year, pursuant to the act of congress, for holding the election in the event of a vacancy in the offices of president and vice president.

ed to.

Time of presi. dential election.

Time of elecof Congress.

§2. The election of representatives in congress shall be held on the first Monday in August, one thousand eight tion of members hundred and fifty-one, and on the same day in every second year thereafter; but should there be a called session of congress between the expiration of any congressional term and the ensuing first Monday in August, the governor may, by his proclamation, published in three newspapers printed in this state, cause an election of representatives in congress to be held at an earlier day, if there is thirty days between the date of the publication and the day so assigned by him.