shall publicly deliver it, in that condition, to the board at

the next opening of the polls.

vassed.

§ 17. As soon as the polls at any election shall have votes, how canfinally closed, the judges, or board and clerks, may adjourn the counting and canvassing of the votes to some convenient hour of the next ensuing day, at which time they shall proceed to canvass the votes polled, by first counting the whole number of ballots in the box; if the ballots shall be found to exceed the number of names entered on each of the poll lists, they shall be replaced in the box, and one of the judges shall publicly draw out and destroy so many ballots, unopened, as shall be equal to such excess, and the ballots or poll lists agreeing, or being made to agree, the board shall proceed to count and estimate and publish

the votes.

-how disposed

§ 18. As the judges or board of election shall open and Fraudulent votes read the tickets, each clerk shall carefully mark down the of votes each candidate shall receive, in separate columns, prepared for that purpose, with the name of such candidate at the head of such column, and the office or place it is designed by the voters such candidate shall fill; but if, on such canvassing, two tickets shall be found deceitfully folded together they shall both be rejected as if the same had never been deposited in the ballot box.

19. As soon as all the votes shall have been read off Certificates. and counted, the judges or board of election shall make out a certificate, under their hands, stating the number of votes each candidate received, designating the office for which such person received such vote or votes, as is prescribed and directed by the twenty-third section of the thirty-seventh chapter of the Revised Statutes, entitled "Elections;" and the said certificate, together with one of the lists of voters and one of the tally papers, shall be put into the hands of one of the judges or board of election, who shall, within four days thereafter, deliver the same to the clerk of the county court or his deputy, at the county seat, or place of holding county courts; and when received, such clerk or deputy shall pro ceed to open, canvass and publish the return from each precinct, township or place, as is now provided by law.

$20. If any judge or the judges of any election shall Penalty for rerefuse to receive the vote of any qualified elector who shall fusal." take, or offer to take, the oath prescribed by this act, in such case every judge, so refusing or neglecting to receive the vote or ballot, or opening or unfolding such ballot, when the same shall be presented, shall be liable to be indicted, and, on conviction, shall be fined five hundred dollars, and imprisoned not exceeding thirty days; and for every refusal or neglect to receive such vote, the party aggrieved may have an action on the case against the said judge or judges; the damages in such case shall not exceed the sum of five hundred dollars.

Sections repeal

ed.

21. Sections one, six, fifteen, sixteen, eighteen, twentyfour and thirty-nine of chapter thirty-seven of the Revised Statutes, entitled "Elections," approved March third, 1845, shall be, and the same is hereby repealed; and such sections of said act as are not herein repealed, shall remain in full force and effect.

Judges of elec

AMENDATORY ACT.

[Session Laws, February 23, 1847, Page 49, Section 1.]

That the seventh section of the thirty-seventh chapter of tion increased. the Revised Statutes of A. D. one thousand eight hundred and forty-five, be, and the same is hereby, so amended as to give the county commissioners of the several counties in this state power and authority to establish more than one set of judges of election in such precincts in their respective counties when, in their opinion, the same may be necessary for the purpose of receiving votes at all general or special elections; and the said county commissioners may appoint as many sets of judges of election, in any precinct in their counties, as, in their judgment, may be necessary for the convenience of the voters.

Restriction.

Provided, they shall not establish more than one set of judges of election in any precinct where less than three hundred votes are usually polled at a general election.

Duty of clerk

VACANCIES IN CERTAIN COUNTY OFFICES, HOW FILLED.

[Session Laws, November 6, 1849, Page 8, Section 1.]

That whenever a vacancy shall happen in the office of sheriff, county surveyor or coroner of any county of this state, by death, resignation or removal of any incumbent, it shall be the duty of the clerk of the county court of such county immediately to notify the governor of that fact, and Governor to is it shall be the duty of the governor to issue a writ of election to fill such vacancy, and direct the time of holding the same; which election shall be proceeded in as in other cases of election.

sue writ.

In force Feb. 21, 1861.

AN ACT TO PREVENT ILLEGAL VOTING AT ELECTIONS.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That to conFines and pen- stitute residence, under the election laws of this state, a person shall have resided in the election precinct or district for the term of sixty days; and no person shall be entitled to

alties.

vote at any election under the laws of this state, excepting under charters for cities or incorporated towns, unless he shall have actually and in good faith resided in the election precinct or district in which he offers his vote, for sixty days immediately preceding such election; any law of this state to the contrary notwithstanding.

2. Any person violating the provisions of this act shall be subject to all the fines, penalties and punishments that are now provided by law for illegal voting.

§ 3. This act to take effect and be in force from and after its passage.

APPROVED February 21, 1861.

AN ACT TO PROVIDE FOR ASCERTAINING THE QUALIFICATION OF In force Feb. 22,

VOTERS AND TO PREVENT FRAUDULENT VOTING.

WHEREAS the right of suffrage is the highest privilege of the citizen, and should be guarded with proper vigilance against intrusion and fraud; for the purpose, therefore, of ascertaining the persons who may be entitled to vote at the several elections held under the laws of this state, and to prevent illegal voting thereat,

1861.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That to con- Residence stitute residence, under the constitution and election laws of fined. this state, a permanent abode is necessary, and all elections, general or special, held in any town, city, district or ward, every person offering to vote, who is not personally known to the judges and inspectors of election to have such permanent abode, and to have resided in such election district for the space of sixty days, immediately preceding such election, shall, if his vote be challenged, take the oath now required by law, and, in addition thereto, swear or affirm to his place of residence, specifying the particular place and house in which he resides, and stating how long he has there resided, and his business or employment; and if he has not resided in such house for sixty days immediately preceding such election he shall state where and in what house he has resided for the last sixty days; and, in addition thereto, such voter, so challenged, shall be required to produce two witnesses, both of whom are personally known to said judges of said election and resident in the precinct, district or ward, or shall be proved by some legal voter or voters of the precinct or district in which such vote is offered to be voted therein, who shall be known to said judges, and each of whom shall take the following oath, to be administered by one of the judges of said election:

de

Form of oath.

Duty of judges of elections.

Punishment for perjury.

Illegal voting.

Indorsement of

"I do solemnly swear (or affirm, as the case may be,) that I am a resident of this election district and entitled to vote at this election, and that I have been a resident of this election district for one year last past, and that I am well ac quainted with the voter whose vote is now offered; that he is an actual and bona fide resident of this election district, and that he has resided in this state for one year last past."

§ 2. If any judge of any election shall permit any voter to vote, whose vote is so challenged, without the proof required in the first section of this act, or shall knowingly and willfully permit any person to testify as a witness, contrary to the provisions of this act, he shall be deemed guilty of a high misdemeanor, and, on conviction thereof, shall be fined in the sum of one thousand dollars and imprisoned in the county jail for six months.

§3. If any witness or voter, whose vote is so challenged, and sworn under the provisions of this act, shall, knowingly, willfully and corruptly swear falsely, he shall be deemed guilty of perjury, and, on conviction thereof, imprisoned in the penitentiary for any time not less than three nor more than twenty-one years.

4. If any person shall vote more than once at any election, held under the authority of the laws of this state, or shall vote at any such election, who is not a qualified voter at the place where he so votes, or shall offer to vote, after having once voted at such election, he shall, on conviction thereof, be confined in the penitentiary for any term not less than one or more than five years.

§ 5. At all elections, general or special, in this state, voter's numbe. where the vote is by ballot, if the judges of elections are satisfied, under the provisions of this act and the other laws of this state relating to elections, that the person offering the vote is a legal voter, he shall indorse on the back of the ticket offered the number corresponding with the number of the voter on the poll book, and put said ticket immediately in the ballot box, and the clerks of the election shall enter the name of the voter and his number in the poll book.

Closing of the poll books.

Preservation of ballots.

86. At the close of the polls the poll books shall be signed by the judges and attested by the clerks; the names therein contained shall then be counted, and the number set down at the foot of the poll books.

§ 7. All the ballots counted by the judges of election shall, after being read, be strung upon a strong thread or twine, in the order in which they have been read, and shall then be carefully enveloped and sealed up by the judges, who shall direct the same to the officer or officers to whom by law they are required to return the poll books, and shall be delivered, together with said poll books, to said officer or officers, who shall carefully preserve said ballots for six months, and at the expiration of that time shall destroy them. And in all cases of contested election the parties contesting the same shall have the right to have the said package of ballots opened, and said ballots referred to by wit nesses for the purpose of such contest. But said ballots shall

only be so examined and referred to in the presence of the officer having the custody thereof.

cial elections.

$8. The provisions of this act shall apply to all general General and speand special elections, hereafter held in this state, whether for general town, municipal or other officers; and no person shall be considered, under any circumstances, as having a residence in any ward or election district or precinct, unless he shall have had a permanent abode therein for at least thirty days immediately preceding such election.

on election day.

89. No liquor or other intoxicating drinks shall be sold Sale of liquors or given away, at retail, nor shall any bar-room or place where intoxicating liquors or drinks are sold at retail be opened upon such election day; and it shall be the duty of the sheriff, constables, public officers and magistrates to see that the provisions of this section are enforced; and any violation of its provisions shall be prosecuted and punished in the same manner and to the same extent as the keeping of tippling houses open upon Sunday or the first day of the week is now punished by law.

$10. This act shall take effect and be in force from and after its passage.

APPROVED February 22, 1861.

AN ACT TO ENABLE THE QUALIFIED VOTERS OF THIS STATE, AB- In force Feb. 16, SENT THEREFROM IN THE MILITARY SERVICE OF THE UNITED

STATES, IN THE ARMY OR NAVY THEREOF, to vote.

1865.

ors to vote.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, In time of war, every elector of the state of Illinois, in the actual mili- Soldiers and sail tary service of the United States, in the army or navy thereof, who shall be absent from the state of Illinois on the day of election, shall be entitled to vote at any election for state or county officers, held in this state, in the manner and form following:

§ 2. Such absent elector shall, by an instrument execu- Attorney to vote. ted by him not more than sixty days previous to any general or special election to be held in this state, authorize and empower any elector of the town or city where the said absent elector shall reside on the day of said election to cast for him his vote or ballot, in the manner prescribed by this act, for all officers for whom he would have a right to vote if he were present at such election. Said instrument shall be signed by such absent elector, attested by a subscribing witness, and sworn to before any field officer, captain, adjutant, or commandant of any company, or detachment on detached service of the United States, and commissioned as officers in the volunteer force of the state of Illinois, or the captain or commandant of any vessel in the naval service of the United States, to which the said absent elector may belong or be