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Forms of Ballots, to be varied according to locality and officers to be chosen.

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RECEIVING AND DEPOSITING VOTES.

As has been before in part stated, each person offering to vote must deliver his ballot folded in such manner as to conceal the contents and show its indorsement upon the outside, to one of the Inspectors, in the presence of the board. [Page 21, § 7.] Before depositing an offered ballot, one of the Inspectors should announce audibly and distinctly, in the hearing of the clerks and spectators, the name of the person who offers it, and give time for challenging, and for the entry of the name in the poll list by the clerks. When finally received by the board, either without challenge, or after a challenge has been so disposed of as to authorize the person offering the ballot to vote, it is required to be deposited by one of the Inspectors, without being opened or examined, in the box corresponding in its label with the indorsement of the ballot. [Page 26, § 28.] This last duty, though seemingly palpable and simple, requires constant and strict attention, to avoid mistakes and the trouble occasioned by them in the subsequent process of canvassing the votes. These mistakes seem hardly excusable, and yet it happens at almost every canvass that votes are found in the "wrong box."

Entry in Poll List.

Each clerk is required to keep a poll list in which he shall enter the name of each person who votes, and indicate by the figure 1, under the proper heading, the kind of ballots deposited by him. [Page 26, §§ 29 and 30.] The form hereinbefore given, at page 106, it is believed will sufficiently indicate the manner in which such poll lists are to be kept and the entries proper to be made therein.

Challenges.

It is the duty of each Inspector to challenge every person offering to vote, whom he shall know or suspect not to be duly qualified as an elector. Any other person entitled to vote at the same poll has also the right of challenge. Page 26, § 31.]

"In case any Inspector shall knowingly and willfully permit or suffer any person to vote at any election, who is not entitled to vote thereat, the said Inspector so offending shall, on conviction thereof, be adjudged guilty of a misdemeanor, and shall be sentenced to pay a fine of five hundred dollars, and be imprisoned in the county jail for six months." [Page 48, § 4.]

When a challenge is made, the first duty of the board is to see that silence and order are observed. One of the Inspectors will then tender to the person challenged the following preliminary oath:

"You do swear (or affirm) that you will fully and truly answer all such questions as shall be put to you, touching your residence and qualifications as an elector. [Page 22, § 13.]

If any person shall refuse to take such preliminary oath when so tendered, or to answer "fully" any questions which shall be so put to him, his vote shall be rejected. [Page 23, § 15.]

The oath having been administered, such of the following and all such other questions as may be necessary to test his qualifications as a resident of the State, county, ward or district, his citizenship, his right to vote under the present Constitution, and at that poll, must then be put to him. [Page 23, § 14.]

Questions on Preliminary Oath.

1. What is your name?

2. What is your age? (In the case of a young man.)

3. Where do you now reside?

4. How long have you resided in this town (or ward)?

5. What was your last place of residence before you came into this town (or ward)?

6. Are you a native or naturalized citizen? (If the answer is that he is a NATURALIZED citizen, then)

7. When, where, in what court, or before what officer were you naturalized? (See subject of Naturalization, ante.) 8. How many years have you resided in the United States? 9. Did you come into this town (or ward) for the purpose of voting at this election ?

10. How long do you contemplate residing in this town (or ward) ?

11. Have you made any bet or wager on the result of this election?

12. Are you directly or indirectly interested in any bet or wager depending upon the result of this election?

13. How long have you resided in this (Assembly) district? 14. Do you now reside in this election district ?

After receiving answers, in full, to such of these and other questions as the case may require, the Board of Inspectors are to point out to the challenged person the qualification or qualifications (if any) in respect to which he shall appear to them to be deficient.

If he persists in claiming to vote, and the challenge be not withdrawn, one of the Inspectors must then administer to him the following

General Oath. [Page 23, §17.]

"You do swear (or affirm) that you have been a citizen of the United States for ten days, and are now of the age of twenty-one years; that you have been an inhabitant of this State for one year next preceding this election, and for the last four months a resident of this county; that you have been, for thirty days next preceding this election, a resident of this Assembly district (or Senate or Congressional district or districts, ward, town, village or city, as the case may be, naming any or all of the foregoing districts, ward, town, village or city from which the officer is to be chosen for whom such person offers to vote); that you are now a resident of this town (or ward, as the case may be), and of the election district in which you now offer to vote; and that you have not made any bet or wager, and are not directly or indirectly interested in any bet or wager depending upon the result of this election, and that you have not voted at this election."

If any person shall refuse to take the proper general oath, when so tendered to him, his vote shall be rejected. [Page 24, § 19.]

If the person challenged takes the preliminary oath, and answers "fully" all questions put to him, and also takes the general oath, it is believed that the Inspectors would be bound to receive his ballot, although they might have strong reason to believe that he had committed perjury. But in such case it would be their duty to cause legal proceedings to be immediately instituted against him for the offense.

A person challenged as convicted of an infamous - crime cannot be required to answer any questions in relation to his alleged conviction, but may be liable to imprisonment for voting illegally. [Page 25, § 23.]

MEMORANDUM OF CHALLENGES.

The Inspectors are required to keep a minute of their proceedings in respect to the challenging and administering oaths to persons offering to vote, in which is to be entered by one of them, the name of every person who shall take the required oaths, or either of them, specifying in each case whether the preliminary oath, or the general oath, or both, were taken, which minute is to be certified and signed by the Inspectors, and returned and filed in the town or city clerk's office, with the statements of votes. The clerks of the poll must also designate, by a mark in their poll lists, the persons who have taken either or both such oaths, thus: For preliminary oath P. O., both oaths B. O. [Page 24, § 22.]

Form of Memorandum of Challenges.

At a general election held in Election District Number in the town of (or in the ward of the city of

),

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