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open until seven o'clock in the evening of said day,
A. B. Judges of
E. F. tion. ,
-appointed to act as judge of the election as aforeJudges not attend said, shall neglect or refuse to be sworn or affirmed ing, how to prc to act in such capacity, the place of such person
shall be filled by any justice of the peace residing withir the precinct, to be nominated by the other judge or judges of the <lection, and if there is no justice present to act as judge, the other judge or judges shall nominate one or more capable and discreet elector or electors, residing within the precinct, to fill such vacancy or vacancies; and if there shall be no judge of the election present to fill such vacancy by nomination, then such vacancy or vacancies shall be filled by the votes of such qualified electors residing within the precinct, as may then be present at the place of election; and the justice or justices, person or persons so nominated or elected to fill such vacancy or vacancies shall be, and are hereby vested with the same powcrs as if appointed by the county commissioners court as aforesaid.
Sec. 9. Be it further enacted, That at all elec-'. Polls to open at tions to be held under this act, the poll of the eleceight, and close it tion shall be opened at the hour of eight in the
morning and continue open until the hour of seven in the afternoon of the same day, at which hour the poll shall be closed: Provided, however, that if no judge shall attend at the hour of eight in the morning, and it should be necessary for the elec
tors present to appoint judges to conduct the elecPoll may open at tion as hereinbefore prescribed; the election may in any time before 7. that case commence at any hour before the time
for closing the poll shall arrive, as the case may require.
Sec. 10. Be it further enacted, That at all elecClerks to furnish tions to be held in pursuance of this act, each of
the clerks of election shall furnish himself with a
poll book as near as may be in the following form, Form thereof. to wit:
“A poll book of an election held at the house of
precinct, in the county of
and state of Illinois, OB
the day of in the year of our Lord one thousand eight hundred and
Names of Voters. 1 Names of Voters." Sec. 11. Be it further enacted, That previous to any votes being taken, the judges and clerks of election shall severally take an oath or affirmation in the following form, to wit. (I, A. B. do solemn- Form of oath to he ly swear, (or affirm, as the case may be,) that I taken by judges &
. will perform the duties of judge or clerk, (as the case may be,) of the election, according to law, and to the best of my abilities, and that I will studiously endeavour to prevent fraud, deceit, and abuse, in conducting the same.
Sec. 12. Be it further enacted, That in case there shall be no justice of the peace nor judge present, at the opening of the election, or in case No justice being such judge or justice shall be appointed a judge present,the judges
to administer the or clerk of the election, it shall be lawful for ihe
oaths. judges of the election, and they are hereby empowered, to administer the oaths or affirmations to each other and to the clerks.
Sec. 13. Be it further enacted, That the persons administering such oaths or affirmations, shall cause an entry thereof, subscribed by him or them, to be prefixed to each of the poll books, in words to the following effect: “I certify that A. B. C. D. and E. F. judges, and G. H. and I. K. clerks of Form of certificate the election, were severally sworn before me as to be prefixed to the law directs, previous to entering upon the du- poll books. ties of their respective offices, dated at this
one thousand eight hundred and
L. M. justice of the peace; and the said certificate shall be considered as a part of the record of the election.
Sec. 14. Be it further enacted That at all elections hereafter to be held in this state by the peo. Ballms to be wüt. ple, the electors shall vote by ballot. They shall ten or printed. bring their votes legibly written or printed on a single piece of paper, with the names at full length, and the offices designated for which such votes are given; each ballot shall be folded in such a manner as to conceal from view the names written thereon, (except in cases provided for in the third section of this act,) and shall be delivered, by the person offering to vote, to one of the judges of the election, who shall put the same into the ballot boxyunless rejected as hereinafter provided for
Sec. 15. Be it further enaeted, That when any person shall present himself to give his vote, and either of the judges shall suspect that such person does not possess the requisite qualifications of an elector, or if his vote shall be challenged by any elector, who bas previously given in his vote at such election, the judges of the election shall tender to such person an oath or affirmation in the
following form: “1, A. B. do solemnly swear, or Form of oath to be affirm, (as the case may be,) that I am a resident tendered to per: of the county of sons whose right
that I have resided in this to vote shall be state for the period of six months immediately prechallenged. ceding this election; that I have, to the best of my
knowledge and belief attained to the age of twentyone years, and that I have not voted at this election.” And if the person so offering his vote, shall
take such oath or affirmation, his vote shall be reOath being false.
ceived, unless it shall be proved by evidence satisfactory to a majority of the judges, that the said oath or affirmation is false. But if such person refuses to take such oath or affirmation, his vote shall be rejected: And if any person shall take the said oath or affirmation, knowing it to be false, he shall be deemed guilty of wilful and corrupt perjury, and shall on conviction, suffer such punisha ment as is now, or shall hereafter be prescribed by law for persons guilty of perjury.
Sec. 16. Be it further enacted, That previous to Ballot boxes to be receiving any votes, the judges shall publicly exexamined. amine the ballot box, and see that there is nothing
therein; and they shall then lock the same, and give the key to one of the clerks, who shall keep the same until the election is closed.
Sec. 17. Be it further enacted, That the clerks Clerks to take the shall, as often as any ballot is put into the ballot electors names.
box, set down in each of the poll books, the name of the elector giving such vote.
Sec. 18. Be it further enacted, That upon opento proclaim the ing the poll one of the clerks under the direction opening of the poll of the judges, shall make proclamation of the same;
and thirty minutes before the closing of the poll, proclamation shall be made in like manner, that the poll will be closed in half an hour.
Sec. 19. Be it further enacted, That at the close Names of the veo of the poll, the names of the electors who have ters to be counted voted shall be counted by the clerks, and their
number set down in writing at the foot of the col
ümns in which they are contained. The judges shall then unlock the ballot box, and publicly Judges to come count the ballots; and the clerks shall make an en- the votea. try of the number of the ballots in the poll books: they shall then proceed publicly to canvass the votes in the following manner; one of the judges shall open each ballot, read the same and deliver it to another of the judges, who shall examine it and deliver it to the other judge, who shall also examine it to see that no mistake has been made in reading and recording the same. Each of the clerks shall
Clerks to take the write down at full length, in a schedule which he names of persons shall prepare for the purpose, the name of every voted for, &c. person voted for, designating the office for which he received such vote or votes, and opposite to the same he shall set down the number of votes given to said person for such office. If two separate
Two ballots being ballots, containing two votes for any office, shall
folded together be found folded together in such a manner as to leave no doubt in the minds of the judges, that both ballots were presented by one elector; in such case both ballots shall be rejected, and an entry thereof shall be made in the poll books. If any ballot shall be found to contain more names for one office, than there are persons required to be chosen for such office, the names first written Names first write shall be set down, and the superfluous names re- ten on the ballot jected. In case no office is designated in the bal
Office not designa lot, it shall not be counted, but the clerks shall set
ted. down in the poll books the name or names of the person or persons thus voted for, and shall add to them the words, Office not designated:” Provided, that this rule is not to be enforced at special elections, when only one office, or one description of offices, is to be filled. No vote shall be divert- Misspelling or ed from the person for whom it was evidently in- omitting part of tended on account of any misspelling, abreviation, or omission of a part of his name; but if a majority of the judges shall entertain doubts of the real intentions of the elector who gave such vote, it shall be set down exactly as it stands on the ballot. Sec. 20. Be it further enacted, That when the
Clerks to tako votes shall have been examined and counted, each down names, &c. of the clerks shall set down in his poll book the name of every person voted for, written at full length, the office for which such such yote or votes, and the number of yotes he has
received, the numbers being expressed in words at full length, such entry to be made, as nearly as circumstances will admit, in the following form: “At an election held at the house of in precinct, in the county of — and state of Minois, day of
in the year of our Lord one thousand eight hundred and the following named persons received the number of votes annexed to their respective names, for the following described offices to wit: A. B. had (fifty-three) votes for governor. C. D. had (thirty-seven) votes for governor.
E. F. had (forty-one) votes for lieutenant gove ernor.
G. H. had (thirty-nine) votes for lieutenant gove
I. K. had (eighty) votes for representative to congress.
L. M. had (seventy-three) votes for senator.
V. W. had (thirty) votes for county commise
other or otficers voted for.]
Certified by us, A. B. Attest, G. H.
C. D. J. K.
E. F. Clerks of the election Judges of the election.
The judges of the election shall then enclose and seal one of the
poll books, under cover, directed to the clerk of the county commissioners Polt book to be court of the county in which such election is held; seated and convey, and the packet thus sealed shall be conveyed by ed to county clerk
one of the judges or clerks of the election, to be determined by lot if they cannot otherwise
agree, and delivered to the said clerk of the county como missioners' court, at his office, within four days from the close of the polls: and the other pou book, together with the ballot box, shall be de
posited with one of the judges of the election, to Poll books suject be determined as aforesaid; and the poll book shall to inspecuon. be subject to the inspection of any elector who
may desire to examine it; and if any judge or clerk of the election, who may engage, or to whom