Ballots to be delivered at correct without delay any error in all ballots which he or they may discover, which shall be brought to his or their attention, and which can be corrected without interfering with the timely distribution of the ballots as herein provided. Whenever any controversy shall arise between any official charged with any duty or function under this act and any candidate, or the officers or representatives of any political party, or persons who have made nominations, upon the filing of a petition by any such official or persons, setting forth in a concise form the nature of such controversy and the relief sought, which petition shall be under oath, it shall be the duty of such court, or the judge thereof in vacation, to issue an order commanding the respondent in such petition to be and appear before the court or judge and answer under oath to such petition; and it shall be the duty of the court or judge to summarily hear and dispose of any such issues, with a view of obtaining a substantial compliance with the provisions of this act by the parties to such controversy, and to make and enter orders and judgments and issue the writ or process of such court to enforce all such orders and judgments. The provisions of this act shall be liberally construed, so as to carry out the intent of this act, and of political parties, nominees and others in proceedings under this act. DISTRIBUTION OF BALLOTS. Sec. 21. The county clerks of the various counties of the State, and the city recorders and the town public expense. clerks, as the case may be, shall, prior to election, cause to be delivered, at the expense of the county, city or town, to the election judges in the respective precincts, the proper number of ballots provided for the use of the voters at such election in such precinct. The same shall be sent in two sealed packages for each election precinct in said county, city or town, with the marks on the outside of each, clearly stating the election precinct and polling place in said county, city, or town, for which it is intended, together with the number of ballots enclosed. Each of such packages shall contain one-half of the number of ballots intended for such election precinct. Such packages shall be delivered prior to Monday noon before election day, one to each of the two judges of election in each precinct, who are members of the political parties which cast Ballots in packages. ballots. the largest and next largest number of votes at the last general State election. Receipts for ballots thus Receipts for delivered shall be given by the election judges who receive them and filed with the clerk of the county, city or town as the case may be, who shall also keep a record of the time when, and the manner in which each of said packages was sent and delivered. The several election judges receiving such packages shall, at the opening of the polls on election day, produce the same with the seals unbroken, in the proper polling place and shall in the presence of all three judges, open the said packages. ballots. Sec. 22. If the ballots to be furnished to any elec- Substitute tion judges, as herein provided, shall not be delivered at the time above mentioned, or if after delivery they shall be destroyed or stolen, it shall be the duty of the said clerk of the county, or recorder of said city, or clerk of said town to cause other ballots to be prepared, as nearly in the form prescribed as practicable, with the word "substitute" printed in brackets immediately under the facsimile signature of the clerk or recorder preparing such ballots, and upon receipt of the ballots thus prepared from such clerk or recorder, accompanied by a statement under oath that the same have been prepared and furnished by him, and that the original ballots have so failed to be received, or have been destroyed or stolen, the election judges shall cause the ballots so substituted to be used at the election. If from any cause none of the official ballots or substitute ballots prepared by the county clerk, the city recorder or town clerk, as herein prescribed, shall be ready for distribution at any polling place, or if the supply of ballots shall be exhausted before the polls are closed, unofficial ballots, printed or written, made as nearly as possible in the form of the official ballots, may be used until substitutes prepared by the clerk or recorder as provided in this section can be printed and delivered. APPOINTMENT OF JUDGES AND CLERKS OF ELECTION. clerks for each precinct. Sec. 23. Judges and clerks of election shall be Judges and appointed for each election precinct in the manner election following: During the first week of the session of the board of county commissioners for each county in the State, which commences on the first Monday of September in each year they shall appoint three qualified Vacancies. Failure to appoint, penalty for. On or be electors, two of whom shall be of opposite political office of judge of election shall be filled by said board one judge properly suggested in accordance herewith shall be a separate offense. In case of a conflict arising before such board, owing to different persons claiming the right to certify such list for any political party, the board shall have authority to decide between such lists; Provided, That they shall select only names included in a sworn list as above mentioned; and Provided further, That any person making a false statement in any such affidavit shall be guilty of perjury and punished as provided by law. Judges and clerks of election shall serve without compensation. POLLING PLACES AND COMPARTMENTS. booths, pens, protection while ballots. Sec. 24. The board of county commissioners of Polling places, each county shall designate polling places for each pre- ink, etc., and cinct in such county and shall provide in each polling preparing place designated by them a sufficient number of voting booths, or compartments, which shall be furnished with supplies and conveniences, including shelves, pens, pen holders, ink and blotting paper, as will enable the voter to prepare his ballot for voting and in which voters may prepare their ballots screened from observation as to the manner in which they do so; and a guard rail shall be so constructed and placed that only such persons as are inside such rail can approach within six feet of the ballot box and of such voting booths and compartments. The arrangement shall be such that the voting booth or compartment can only be reached by passing within such guard rail. And both they and the ballot boxes shall be in plain view of the election officers and of those outside the guard rail. Each booth or compartment shall be at least three feet square, and shall contain a shelf which shall be at least one foot wide, extending across one side of the booth or compartment at a convenient height for writing, and shall be so arranged that the voter can prepare his ballot screened from observation. No person other than the election officers and watchers provided by law, and those admitted for the purpose of voting, as herein provided, shall be permitted within such guard rail, except by authority of the judges of election, and then only when necessary to keep order and enforce the law. The number of such voting booths or compartments Number of shall not be less than one for every fifty voters who voting booths, voted at the last election in the precinct. Providing ballot box. The officers who are charged with the duty of providing voting booths or compartments, shall also furnish for each polling place a ballot box, which shall be large enough to properly receive and hold the ballots to be cast for candidates for offices, in conformity with the provisions of this act. The expense thereof shall be in all cases a public charge, to be provided for in the same manner as other election expenses under this act. At the times now prescribed by law and in each year hereafter, the officers charged by law with the division or alteration of the election precincts, shall alter Dividing elec- or divide the existing election precincts, whenever necessary, in such manner that each election precinct shall contain not more than three hundred voters. tion precincts. lots and voting. MANNER OF PREPARATION OF BALLOTS AND VOTING. Sec. 25. Any person desiring to vote shall give Preparing bal- his name, and, if requested so to do, his residence, to one of the judges of election, who shall thereupon announce the same in a loud and distinct tone of voice, clear and audible, and if such name is found upon the registry list by the election judge or clerk having charge thereof, he shall likewise repeat the said name, and the voter shall be allowed to enter the space enclosed by the guard rail, as above provided. An election judge or clerk shall give him one, and only one ballot, which shall be removed from the package of ballots by tearing the same along the perforated line between the stub and duplicate stub, and before delivering such ballot to the voter, the judge or clerk of election having charge of the ballots shall endorse his initials on the duplicate stub. The name of such voter shall be immediately checked on said list with the number of such duplicate stub. Besides the election officers and watchers, not more than four voters in excess of the number of voting shelves or compartments provided shall be allowed in said enclosed space, within said guard rail, at one time, except as provided in section 28. Each of the political parties which cast the largest and next largest number of votes at the last general election in the State, shall be entitled to have one person as watcher within the guard rail during the casting and counting of votes and declaration of the result thereof. Such person shall be designated and his selection made known to the election judges by an affidavit made by the acting chairman of the county or Watchers for political parties. |
