destroys any nomination paper, or delivers to "(2.) Forges or counterfeits or fraudulently defaces "(3.) Without due authority supplies any ballot paper to any person; or "(4.) Fraudulently puts into any ballot box any paper other than the ballot paper which he is authorized by law to put in (see Reg. v. Beardsall, 1 Q. B. D. 452; 45 L. J., M. C. 157); or "(5.) Fraudulently takes out of the polling station any ballot paper; or "(6.) Without due authority destroys, takes, opens, or otherwise interferes with any ballot box or packet of ballot papers then in use for the pur- or who attempts to commit any of the above offences, is POLL. &c., may Where a prosecution was instituted against a deputy Ballot returning officer, who had presided at a booth during a papers, municipal election, for having fraudulently placed papers be inspected at purporting to be ballot papers in the ballot box, and an trial. order had been made for production of the ballot papers, &c., Blackburn, J., allowed the counterfoils and marked registers produced under the aforesaid order to be given in evidence, and the face of the voting papers to be inspected, so as to show how the votes appeared to be given. Held (C. C. R.), that this was rightly done: Reg. V. Beardsall, 1 Q. B. D. 452; 45 L. J., M. C. 157. POLL. Universi ties. At the Universities of Oxford, Cambridge, London, Voting at and Dublin, votes may still be received orally, or by means of open voting papers: 24 & 25 Vict. c. 53; 30 & 31 Vict. c. 102, s. 45; 31 & 32 Vict. c. 48, the provisions of the Ballot Act (35 & 36 Vict. c. 33), not having been extended to the Universities: see sections 27 and 31. The first-mentioned Act, by section 1, provides that such voting paper is to bear date subsequently to the notice by the returning officer, of the day of election, and is to contain the name or names of the candidate or candidates voted for, and of the elector or electors authorized on behalf of the voter to tender it at the poll, and must be according to the form or to the effect prescribed in the schedule to the Act: see post, p. 449. It must be signed by the voter before a justice of the peace for the county or borough in which he is then residing, and the justice is to certify and attest the voter's signature. A voter may not sign more than one voting paper, nor vote for more candidates than there are vacancies: section 2. The voting paper so signed and attested may be delivered to the ViceChancellor (or his deputy) by any one of the persons therein nominated for that purpose, who is to read it out; and the same section provides that no voting paper is to be recorded unless the person tendering the same makes the declaration therein mentioned, which he is to sign at the foot or back thereof. And the 31 & 32 Vict. c. 65, substitutes the following form: "I solemnly declare, that I verily believe that this is the paper by which A. B. [the voter] intends to vote pursuant to the provisions of the Universities Election Acts, 1861 and 1868." It seems that the declaration required of the proxy who tenders the voting paper should be made aloud, and signed at the time of tendering the voting paper, and that the signature cannot lawfully be affixed at any other time (9). As to inspecting and rejecting voting papers, see section 3 of the first-mentioned Act. And as to offences relating to voting papers, see section 5. See as to voting at the Scotch Universities, 44 & 45 Vict. c. 40. (2) Opinion of Sir R. Palmer, then Attorney-General. POLL. COUNTING OF VOTES. PREVIOUSLY to the Ballot Act, 1872 (35 & 36 Vict. c. 33), one clear day elapsed in counties between the close of the poll and the counting of the votes and the declaration of election: 2 & 3 Will. 4, c. 45, s. 65. In boroughs it might be made immediately, or on the following day: ibid., s. 68. But those sections have been repealed (except part of the 68th section) by the first-mentioned Act. It is provided by section 2 of that Act, that after the close of the poll the ballot boxes must be sealed up so as to prevent the introduction of additional ballot papers, and taken charge of by the returning officer, who, in the presence of the agents, is to open the ballot boxes and ascertain the result of the poll by counting the votes given for each candidate, and is forthwith to declare the result of the election accordingly, and return the names of the candidates elected to the clerk of the Crown in Chancery. It is provided by the rules contained in the First Schedule to 35 & 36 Vict. c. 33, that as soon as prac OF VOTES. ticable after the close of the poll the presiding officer at COUNTING placed therein at the election, including those (2) The tendered ballot papers; (3) The spoilt and unused ballot papers; (4) The marked copies of the register and counterfoils of the ballot papers; (5) The tendered votes, and marked votes list, with the declarations of inability to read; (6) The ballot paper account: rules 29 and 30. The returning officer is to make arrangements for counting the votes, giving the agents (who may be appointed by the candidates to attend: rule 31) notice. in writing of the time and place appointed: rule 32. No person, except the returning officer and his clerks or assistants, and the agents of the candidates, may be present, except with the permission of the returning officer: rule 33. A candidate is, however, entitled to be present: Clementson v. Mason, L. R., 10 C. P. 209; 44 L. J., C. P. 171. The agents of the candidates, whose names and addresses have been transmitted to the returning officer one clear day at least before the opening of the poll, are authorized to attend: rule 52. If any such agent dies, or becomes incapable of acting, another may be appointed: rule 53. The non-attendance of agents will not invalidate the proceedings: rule 55. To assist the returning officer in counting the votes, he may appoint clerks or other competent persons who have not been employed by anyone about the election: rules 48 and 49. Every officer, clerk, and agent in attendance at the counting of the votes must aid in maintaining the secrecy R. G |