Ballots, Form and Character of-Nominee May Decline. tions. The ballot herein provided shall be substantially in the following form, viz.: Ballot or Ticket, How Fixed or Voted-Conduct of Elections. ARTICLE 9. BALLOT OR TICKET, HOW FIXED OR VOTED CONDUCT OF ELECTIONS. 381-406. SECTION. 381. To vote a straight party ticket. 382. To vote for one candidate not on party ticket. 383. To vote for two or more candi- 384. To vote a split ticket. 386. To vote for person whose name 387. To vote a blank for any officer or oficers on ticket. 388. Booths and place for holding election must be provided by sheriff. 389. Elections must be by official 390. Constitutional amendment; bal- 392. Certificates of nomination to SECTION. 393. Ballots shall be bound to gether, etc. 394. Number of ballots per voter. 396. Polls; how long open. 399. Regulations as to voting. 401. Candidate shall not act as as- 402. Spoiled ballot. 403. Ballot folded; name of voter 404. Deposit of ballot. 405. Instruction cards to voters. Oct. 9, 381. (1622) To vote a straight party ticket.—If the elector desires to vote a straight ticket, that is, for each and every 1908, p. candidate for one party for whatever office nominated, he 488, § 64. shall mark a (x) cross mark in the circle under the name of the party at the head of the ticket. (Aikin's Digest, p. 139, § 12; Feb. 21, 1893, p. 837, § 32.) Where the cross mark is made on right hand side of ticket beside name of candidate it should be rejected.-Black v. Pate, 130 Ala. 514 (30 So. 434). 382. To vote for one candidate not on party ticket. When Ib. only one candidate is to be elected to any office and the elector desires to vote for a candidate not on his party ticket, he may make a (x) before the name of the candidate for whom he desires to vote on the other ticket. 383. To vote for two or more candidates on different tickets. -When two or more candidates are to be elected to the same office and he desires to vote for candidates on different tickets for such office, he may make a (x) mark before the names of the candidates for whom he desires to vote on the other ticket, and must also erase an equal number of names of candidates on his party ticket for the same office for whom he does not desire to vote. Ib. 384. To vote a split ticket.-If the elector desires to vote a ь. split ticket, that is, for candidates of different parties, he 22-AC-VOL I Oct. 9, 1903, p. 438, § 64. Ib. Ib. Ib., § 642. Ib., 65. Ballot or Ticket, How Fixed or Voted-Conduct of Elections. may make a (x) mark in the voting space before the name of each candidate for whom he desires to vote on whatever ticket he may be. 385. When straight ticket does not contain name of all officers. If the ticket marked in the circle for a straight ticket does not contain the names of candidates for all offices for which the elector may vote, he may vote for candidates for such offices so omitted by making a (x) mark before the names of candidates for such offices on other tickets, or by writing the names, if they are not printed, upon the ballot in the blank column under the title of the office. 386. To vote for person whose name is not on ballot.-If the elector desires to vote for any person whose name does not appear upon the ballot, he can so vote by writing the name in the proper place on the blank column. 387. To vote a blank for any officer or officers on ticket.— The elector can vote blank for any office on his party ticket by making a cross (x) mark in the circle at the top of the ticket and striking out with pencil or pen the name or names of candidates he does not desire to vote for on the ticket. 388. (1616) Booths and place for holding election must be provided by sheriff. The sheriff of each county, at the expense of the county, or in case of a municipal election, the mayor or other chief executive officer, at the expense of the municipality, shall provide at each polling place in all municipalities of over three thousand inhabitants, a room or covered enclosure, and in such room or covered enclosure shall provide booths or compartments, one booth or compartment for each one hundred or fraction of one hundred over fifty electors registered in the ward or wards in such municipality for that election, and shall furnish each booth or compartment with a shelf or table for the convenience of the electors in the preparation of their ballots. Each booth or compartment shall be so arranged that it will be impossible for one elector at a shelf or table in one compartment to see an elector at a shelf or table in another compartment in the act of marking his ballot. Each voting shelf or table shall be kept supplied with conveniences for marking the ballots. In all other voting places other than in municipalities of over three thousand inhabitants no booths or compartments shall be required. (Feb. 21, 1893, p. 837, § 24.) 389. (1605) Elections must be by official ballot.-In all elections held in this state on any subject which may be submitted by law to the vote of the people, and for all or any state, county, district, or municipal officers, the voting shall be by official ballot printed and distributed as provided in this chap Ballot or Ticket, How Fixed or Voted-Conduct of Elections. ter, except when the form of the ballot is otherwise prescribed by law, and no ballot shall be received or counted in any election except it be provided as prescribed by law; but this section shall not apply to elections held for trustees of public schools, or elections to establish or abolish stock law districts or other local elections which are otherwise specifically provided for. (Aikin's Digest, p. 138, § 3; Feb. 21, 1893, p. 837, § 14.) Origin and history of statute.-Toulmin's Digest, pp. 266-288. Any person having a requisite knowledge may testify as to how another voted.-Black v. Pate, 130 Ala. 514 (30 So. 434). The secrecy of the ballot cannot be violated on contest, it is personal to the voter, who may waive it if he desires.-Black v. Pate, 130 Ala. 514 (30 So. 434). 438, § 66. 390. (1608) Constitutional amendment; ballot for, how pre- Oct. 9, pared. Whenever a constitutional amendment is submitted 1903, p. to a vote of the qualified electors the substance or subject matter of each proposed amendment shall be so printed that the nature thereof shall be clearly indicated. Following each proposed amendment or other public measure on the ballot shall be printed the word "Yes," and immediately under that shall be printed the word "No." The choice of the electors shall be indicated by a cross' mark made by him or under his direction opposite the words expressing his desire. (Feb. 21, 1893, p. 837, § 20.) 391. (1609) Ballots paid for by counties and cities.-The Ib., § 67. printing and delivery of the ballots and cards of instructions to voters shall in municipal elections be paid for by the several cities and towns, and in all other elections by the several counties respectively. (Feb. 21, 1893, p. 837, § 15.) 392. (1610) Certificates of nomination to be preserved by Ib., § 68. probate judge. The probate judge shall cause to be preserved all certificates and petitions of nomination filed in his office under the provisions of this chapter for six months after the election for which such nominations are made. (Feb. 21, 1893, p. 837, § 18.) 393. (1612) Ballots shall be bound together, etc.-All bal- Ib., $ 69. lots for use in each precinct shall be fastened together in convenient numbers in books or blocks in such manner that each ballot may be detached and removed separately. Each ballot shall have attached to it a stub of sufficient size to enable one of the inspectors to write or stamp his name or initials thereon, and so attached to the ballot that when the same is Oct. 9, 1903, p. Ballot or Ticket, How Fixed or Voted-Conduct of Elections. folded the stub can be detached therefrom without injury.to the ballot or exposing the contents thereof. (Feb. 21, 1893, p. 837, § 22.) 394. (1613) Number of ballots per voter.-There shall be 438, $70. provided for each voting place at least one hundred ballots for each fifty registered electors at that place. Ib., $71. Ib., § 72. Ib., § 73. Ib., $74. Ib., § 75. (Feb. 21, 1893, p. 837, § 23.) 395. (1615) Municipal elections; how provided for.-In case of any municipal election held at a time different from a general state or federal election, the duties herein prescribed for the judge of probate in respect to receiving nominations, printing, and distributing ballots and cards of instructions shall be discharged under the same sanctions by the mayor or other chief executive officer of the city or town. (Feb. 21, 1893, p. 837, § 47.) 396. (1618) (366) (271) Polls; how long open. The polls must be opened at each place of voting, in each precinct, between the hours of eight and nine o'clock in the morning and kept open without intermission or adjournment until the hour of five in the afternoon, and no longer; provided, that in cities and towns of over five thousand inhabitants the polls shall remain open until six o'clock in the evening, and no longer. (Aikin's Digest, p. 138, § 7; p. 140, § 24; Mar. 3, 1875, p. 76, § 27.) 397. (1619) (367) (272) Proclamation; polls open. The inspectors, before they commence receiving ballots, must cause it to be proclaimed aloud at the place of voting that the election is opened. (Mar. 3, 1875, p. 76, § 28.) 398. (1620) (368) (273) Elector must vote in county and precinct of residence.-At all elections by the people of this state the elector must vote in the county and precinct of his residence and nowhere else, and must have registered as provided in this chapter; and if any elector attempts to vote in any precinct other than that of his residence, his vote must be rejected, except as provided in section 290 (1556) of this Code. (Mar. 3, 1875, p. 76, § 29.) 399. (1622) Regulations as to voting.-Each elector, upon entering the polling place, shall be given one ballot by the inspectors. Before delivering the ballot to the elector at least one of the inspectors shall write or shall have already written |