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State committee of each of such parties; Provided, That in case of temporary absence for meals or by reason of sickness or otherwise, the person so selected may have substituted for himself some other person of like political belief, such substitute to be made known to the election judges by an affidavit of the person first to be selected as watcher. When any person shall make application for a ballot, his right to vote at that poll and election may be orally challenged by any challenger outside the guard rail, upon either or all of the following grounds:

challenge.

1. That he is not the person whose name appears Grounds of on the registration list, and under which name he claims the right to vote.

2. That he has not resided within the State one year next preceding the election.

3. That he has not been a citizen of the United States for the period of ninety days next preceding the election.

4. That he has not resided in the county for four months next preceding the election.

5. That he has not resided within the precinct for sixty days next preceding the election.

6. That he has voted before on that day.

person to vote

7. That he is not of the age of twenty-one years or upwards. Provided, however, That if the person challenged challenged, shall take an oath before any, of the judges on taking oath. of election, that the grounds of the challenge are untrue, then he shall be entitled to vote. If the person applying is not entitled to vote, no ballot shall be delivered to him. Any person may also be challenged, as provided by this act, when he shall offer his ballot for deposit in the ballot box. Two challengers representing each political party or set of nominations, shall be permitted to remain just outside the guard rail, where they can plainly see what is done within the polling place, except within the said booths or compartments the said polling place shall be so arranged that every part thereof, except inside the said booths or compartments, may be in full view of such challengers and watchers.

ballot.

Sec. 26. On receiving his ballot, the voter shall Voter to mark forthwith, and without leaving the enclosed space, retire alone to one of the voting shelves or compartments so provided, and shall prepare his ballot by marking in ink, in the appropriate margin or place a

cross (X) after the name of the candidate of his choice for each office to be filled; and in case of a question submitted to a vote of the people, by marking in the appropriate margin or place, a cross (X) against the answer which he desires to give; and in case of a vote for an entire or straight ticket, or list of candidates, by marking a cross (X) in the appropriate square after the name and emblem designating such ticket or list of candidates. Before leaving the voting shelf or compartment the voter shall fold his ballot without displaying the marks thereon, in the same manner it was folded when he received it, so that the contents of the ballot shall be concealed and the stub can be removed without exposing any of the contents of the ballot, and he shall keep the same so folded until he has voted. Each voter who has prepared his ballot, and is ready to vote as aforesaid, shall then leave the compartment and approach the judges of election having the ballot box in charge and give his name to one of the judges of election who shall announce it in a loud and distinct tone of voice, clear and audible. The voter's ballot shall be handed to the judge in charge of the ballot box, who shall announce the name of such voter, and the number upon the duplicate stub of his ballot; which number must correspond with the stub number previously checked in front of his name by the election judge or clerk who handed him his ballot; if the stub number of the ballot corresponds and is identified by the initials of the judge or clerk placed thereon, the judge or clerk shall then remove the duplicate stub from such ballot. The judge or clerk shall immediately write the name of such voter upon the poll list, and shall take the ballot of such voter and number it in ink, in one corner upon the top thereof in such manner as not to expose or show how the voter has voted. The same to be numbered in the order in which it shall be received, consecutively, and so as to permit the corner to be turned and pasted down with mucilage, which shall then be done so that the number is not thereafter visible and such seal shall only be broken in case of a contested election; and the same number shall be recorded by the election judge or clerk on the list of voters beside the name of such Voter to deposit Voter. Such ballot shall then be returned by said judge or clerk to the voter, who shall thereupon in full view of the judges of election, deposit the same in the

ballot in box

and retire.

ballot box, with the official endorsement on the ballot uppermost. Each voter shall mark and deposit his ballot without undue delay, and shall quit said enclosed space as soon as he has voted. No such voter shall be allowed to occupy a voting shelf or compartment already occupied by another, nor remain within said enclosed space more than ten minutes, nor to occupy a voting shelf or compartment for more than five minutes, in case all such shelves or compartments are in use and other voters are waiting to occupy the same. Besides the election officers, not more than four voters in excess of the number of voting shelves or compartments provided, shall be allowed in said enclosed space at any one time, except as provided in section 28. No voter, not a judge or clerk of election, whose name has been checked on the registry list of the ballot officers, shall be allowed to re-enter said enclosed space during said election. It shall be the duty of each and all of the judges of election to secure the observance of the provisions of this section and other sections relative to the duties of judges and clerks of election.

SPOILED BALLOTS.

be removed

place before

Sec. 27. No person shall take or remove any bal- Ballots not to lot from the polling place before the close of the polls. from polling If any voter spoils a ballot, he may successively obtain close of polls. others, one at a time, not exceeding three in all, upon returning each spoiled one. The ballots thus returned Disposal of shall be immediately cancelled, and, together with spoiled ballots. those not distributed to voters, shall be preserved and, with the poll list used by the judges and clerks, which shall be certified by them to be such, shall be secured in an envelope, sealed and sent to the several town clerks, city recorders, and county clerks. The election judges shall also at the same time file with the county clerk, city recorder or town clerk, as the case may be, a statement in writing, showing the number of ballots Statement of voted (making a separate statement of the number of ballots. unofficial ballots, if any, voted as provided in section 22), the number of ballots delivered to voters, the number of spoiled ballots and the number of ballots not delivered to voters and the number of ballots returned, identifying and specifying the same; and all unused ballots, spoiled ballots, and stubs of ballots voted, shall be returned with such statement. Any election

Assisting disabled or illit

erate voter to

judge who shall fail to thus account particularly for all official ballots placed in his charge, shall be deemed guilty of a misdemeanor.

ASSISTANCE TO ILLITERATE AND DISABLED VOTERS.

Sec. 28. Any voter who declares under oath to the judges of election that he cannot read or write the prepare ballot. English language, or that, by reason of physical disability, he is unable to prepare his ballot without assistance, shall, upon his request, receive the assistance of any two of the election judges, who are of different political parties, in the marking thereof; and such judges shall certify on the outside thereof that it was so marked with their assistance, and shall thereafter give no information regarding the same. The same two judges shall not together successively act as such assistants. The judges of election are hereby qualified to administer such oath, and a memorandum shall be made on the poll lists of every instance when an oath was administered to a voter as herein provided, stating what facts were sworn to, the name of affiant, and the names of the judges who aided the voter in the preparation of his ballot. No judge who assists a voter in the preparation of his ballot, as herein provided, shall in any manner request, persuade or induce, or seek to persuade or induce, any such voter to vote for any particular candidate or candidates. Nor name of person shall any such judge reveal to another the name of any candidate for whom the voter has voted, or anything that took place while he was assisting such voter in preparing such ballot for voting. No voter shall divulge to any one within the polling place the name of any candidate for whom he intends to vote, nor shall he ask for or receive the assistance of any person within the polling place, in the preparation of his ballot, except as provided in this section. When any voter, in addition to the oath required hereinbefore by this section, shall also make oath that he cannot speak, and understand when spoken, the English language, the election judges may select two persons, one from each Interpreters. political party, who shall act as interpreters and who shall take the oath taken by election judges as nearly as may be, which interpreters may assist such persons who cannot speak and understand when spoken the English language in making up their ballots.

Not to divulge

voted for.

IMPERFECT OR DEFECTIVE BALLOTS.

ballots shall be

Sec. 29. If a voter marks in ink more names than How defective there are persons to be elected to an office, or if, for counted or any reason, it is impossible to determine the choice of rejected. any voter for any office to be filled, his ballot shall not be counted for such office; Provided, however, A defective or incomplete cross mark on any ballot in ink, in a proper place shall be counted if there be no other mark or cross in ink on such ballot indicating an intention to vote for some person or persons or set of nominations other than those indicated by the first mentioned defective cross mark; and where a cross is marked in ink against a device indicating a vote for the entire set of candidates, and also another cross in ink against one or more names in another list, such ballot shall only be held invalid as to any office so doubly marked. No ballot without the official endorsement shall, except as provided in section 22 of this act, be allowed to be deposited in the ballot box, and none but ballots provided in accordance with the provisions of this act shall be counted. Ballots not counted shall be marked "Defective" on the back thereof, and shall be preserved until the next general election, when the same shall be destroyed by fire by the clerk or recorder having the custody thereof.

CARDS OF INSTRUCTION.

Sec. 30. The county clerk of each county, or the city recorder or town clerk, as the case may be, charged with the duty of providing ballots, shall cause to be printed and furnished as herein provided, in large type, on cards in the English language, instructions for the guidance of voters in preparing their ballots. Twelve such cards so printed shall be furnished to the judges of election in each election precinct, at the same time and in the same manner as the printed ballots. The election judges shall post not less than one of such cards in each place or compartment provided for the preparation of ballots, and not less than three of such cards elsewhere in and about the polling place on the day of election such card shall be printed in large, clear type and shall contain full instructions to the voters as to what should be done:

(1) To obtain ballots for voting;

Instructions for guidance of voters in preparing ballots.

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