Counting the ballots.

Excess ballots, disposal of.

(2) To prepare the ballots for deposit in the ballot box;

(3) To obtain a new ballot in the place of one spoiled by accident or mistake;

(4) To obtain assistance in marking ballots.

COUNTING VOTES.

Sec. 31. As soon as the polls at any election shall have finally closed, the judges shall immediately open the ballot box and proceed to count the votes polled, and the counting thereof shall be commenced and continued until finished before the judges and clerks shall adjourn. They shall first count the number of ballots in the box. If the ballots shall be found to exceed the number of names on each of the poll lists, the judges of election shall then examine the official endorsements on the outside of the ballots without opening the same, and if, in the unanimous opinion of the judges, any one or more of the ballots in excess of the number on the poll lists be deemed not to bear the proper official endorsement, it or they shall be put into a separate pile by themselves, and a separate record and return of the votes in such ballots shall be made under the head "Excess ballots." When the ballots and the poll lists agree, or, as above provided, have been made to agree, Counting votes. the board shall proceed to count the votes; each ballot shall be read and counted separately, and every name included in a marked set or list of nominations, or separately marked as voted for on such ballot, where there is no conflict to obscure the intention of the voter, as aforesaid shall be read and marked upon the tally list, before any other ballot is proceeded with; and the entire number of ballots, excepting "excess ballots" shall be read and counted and placed upon the tally lists in like manner, and when all of the ballots, excepting "excess ballots," if any have been counted as herein provided, the board shall estimate and publish the votes.

CLERKS KEEP TALLY LISTS.

Sec. 32. As the judges of election shall open and Marking tally read the tickets, each clerk shall, upon tally lists prepared for that purpose, carefully mark down the votes each of the candidates shall have received, in separate

lists.

lines, with the name of such candidate at the end of the line, and the office it is designed by the voter such candidate shall fill.

OFFENSES AND THEIR PUNISHMENT.

lot, making

or interfering

Sec. 33. A voter who shall, except as herein Exposing balotherwise provided, allow his ballot to be seen by any false statement, other person, with an apparent intention of letting it with voter. be known how he is about to vote, or who shall make a false statement as to his inability to mark his ballot, or any person who shall interfere or attempt to interfere, with any person when inside said enclosed space, or when marking a ballot, or to show how he marked his ballot, shall be punished by a fine of not less than five nor more than one hundred dollars. Any election judge or clerk shall report any person doing so to the Prosecution of county attorney for the county in which the election is held, whose duty it shall be to see that the offender is forthwith prosecuted before the proper court.

offenders.

Defacing, des

cards, etc.

Sec. 34. Any person who shall, prior to an elec- troying, or tion, wilfully deface or destroy any list of candidates removing lists, posted in accordance with the provisions of this act, or who, during an election, shall wilfully deface, tear down, remove or destroy any card of instruction or sample ballot, printed or posted for the instruction of voters, or who shall during an election wilfully remove or destroy any of the supplies or conveniences furnished to enable a voter to prepare his ballot, or shall wilfully hinder the voting of others, shall be punished by fine of not less than five nor more than one hundred dollars, or by imprisonment in the county jail not exceeding three months, or by both such fine and imprisonment.

defacing, or

certificates, etc.

Sec. 35. Any person who shall falsely mark or False marking, wilfully deface or destroy any certificate of nomination, suppressing or any part thereof, or any letter of acceptance declination or resignation, or file any certificate of nomination or letter of acceptance, declination or resignation, knowing the same or any part thereof to be falsely made, or suppress any certificate of nomination, or letter of acceptance, declination or resignation or any part thereof, which has been duly filed; or forge any letter of acceptance, declination or resignation, or falsely make the official endorsement on any ballot, or wilfully destroy or deface

Neglect of officer.

Destroying or concealing ballots.

Failure to deliver ballots.

any ballot or wilfully delay the delivery of any ballots, shall be punished by fine not exceeding one thousand dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment.

Sec. 36. Every public officer upon whom any duty is imposed by this act, who violates his said duty, or who neglects or omits to perform the same, shall be punished, except as in this act otherwise provided, by imprisonment in the county jail for a term not exceeding one year, or by a fine of not less than one hundred dollars, or by both such fine and imprisonment. Any person or officer having charge of such official ballots who shall destroy, suppress or conceal them, except as in this act permitted, shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment in the State prison for not less than one year nor more than five years. Any person or officer who has undertaken to deliver official ballots to any city, town, precinct or county officer of election, who neglects or refuses to do so, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by imprisonment in the county jail for not less than six months nor more than one year, or by a fine of not less than two hundred and fifty dollars, and not more than one thousand dollars, or by both such fine and imprisonRevealing how ment. Any election officer or watcher who shall reelector voted. veal to any other person the name of any candidate for whom the voter has voted, or who shall communicate to another his opinion, belief or impression as to how or for whom a voter has voted, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by imprisonment in the county jail for not less than six months nor more than one year, or by fine of not less than two hundred and fifty dollars nor more than one thousand dollars, or by both such fine and imprisonment. Any official or person, except those authorized by law, who shall break or loosen a seal or ballot with the intent to disclose or learn the number of such ballot, shall be guilty of a misde

Breaking or

loosening seal or ballot.

at polling place.

meanor.

Sec. 37. No person shall do any electioneering on Electioneering election day within any polling place or in any public street or room, or in a public manner within one hundred feet of any polling place. No person shall remove any official ballot from the polling place before

Removing or showing ballot.

the closing of the polls. No person shall show his ballot after it is prepared for voting to any person in such a way as to reveal its contents, nor shall any person solicit the voter to show the same. No person, except a judge or clerk of election, shall receive from any voter a ballot prepared for voting, No voter shall Receiving or receive an official ballot from any other person than unofficially. one of the judges or clerks of election having charge of the ballots, nor shall any person other than such election officer deliver an official ballot to such voter.

giving ballot

ballots.

No voter shall place any mark upon his ballot, by Marking ballot. means of which it can be identified as the one voted by him, and no other mark shall be placed upon any ballot prepared for voting other than the number of such voter on the poll list, to be placed thereon by the judge or clerk of election. Every voter who does not Return unused vote or deliver in the manner hereinbefore provided, the ballots received by him from the election officers, shall, before leaving the polling place, or going outside the guard rail, return each such ballot to the officer from whom he received the same. Whoever shall violate any provision of this section shall be deemed guilty of a misdemeanor. But nothing herein contained shall prevent any person from receiving, delivering and voting an unofficial ballot in the contingency provided for in section 22 of this act.

vote.

Sec. 38. Any person entitled to a vote at a gen- May leave eral election held within this State, shall, on the day of ment to such election, be entitled to absent himself from any employment in which he is then engaged or employed for a period of two hours between the time of opening and the time of closing the polls, and any such absence shall not be sufficient reason for the discharge of any such person from such service or employment, and such voter shall not, because of so absenting himself, be liable to any penalty, nor shall any deduction be made on account of such absence, from his usual salary or wages (except when such employe is employed and paid by the hour), Provided, however, That application shall be made for such leave of absence prior to the day of election. The employer may specify the hours during which such employe may absent himself as aforesaid. Any per- Refusing son or corporation who shall refuse to his or its em- to vote. ployes the privilege hereby conferred, or who shall subject an employe to a penalty or reduction of wages because of the exercise of such privilege, or who shall,

employe time

Intoxicating liquors

forbidden at polling place.

directly or indirectly violate the provisions of this act shall be deemed guilty of a misdemeanor.

Sec. 39. It shall be unlawful for any person or any election judge or clerk to introduce into any polling place, or to use therein, or to offer to any one for use therein, at any time while any election is in progress or the result thereof being ascertained by the counting of the ballots, any intoxicating, malt, spirituous or vinous liquors. It shall be unlawful for any officer or board of officers of any county, city or town, whether incorporated under general law or by special charter, who may at any time be charged with the duty of designating polling places for the holding of any general or special election therein, to select therefor a saloon or room within the distance of fifty (50) feet (measured must be at least in a direct line) of any saloon or other place where any intoxicating, malt, vinous or spirituous liquors are sold, to be drank where sold.

Polling place

fifty feet from

saloon.

Sunday counted.

Opening and

closing of polls.

Sec. 40. Sunday shall be included in all computations of time made under the provisions of this act.

HOURS OF VOTING.

Sec. 41. At all elections held under this act, the polls shall be opened at 7 o'clock in the morning, and continue open until 7 o'clock in the evening of the same day. Provided, however, that if a full board of judges of election shall not attend at the hour of 7 o'clock in the morning, and it shall be necessary for the electors present to appoint judges to conduct the election as provided by law, the election may in that event commence at any hour before the time for closing the polls shall arrive, as the case may require. Proclamation Upon the opening of the polls, proclamation shall be made by one of the clerks and thirty minutes before the closing of the polls proclamation shall be made in like manner, that the polls will close in thirty minutes.

before closing.

Sec. 42. All acts, omissions and neglects of any Omissions, etc. person, official or corporation, made an offense by the provisions of this act, and the punishment for which is not herein expressly designated, shall be punished by a fine of not less than one hundred nor more than one thousand dollars, or by imprisonment in the county jail for not more than one year, or by, both such fine Offender a com- and imprisonment. Any person so offending against any provision of this act is a competent witness against

petent witness.