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Election tricts.

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be required by law. Each elector shall receive for every twenty miles' necessary travel, in going to the seat of government to give his vote, and in returning to his residence, to be computed by the most usual route, the sum of three dollars, to be paid on the warrant of the auditor, out of any money in the treasury, not otherwise appropriated.

5. In case any person, declared duly elected an elector of president and vice-president of the United States, shall fail to attend at the state house, at the seat of government of this state, at or before the hour of twelve o'clock at noon of the day on which his vote is required to be given, it shall be the duty of the elector or electors of president and vicepresident, attending at that time and place, to appoint a person or persons to fill such vacancy: Provided, that should the person or persons, chosen by the people, as aforesaid, arrive at the place, aforesaid, before the votes for president and vice-president are actually given, the person or persons appointed to fill such vacancy, shall not act as elector of president and vice-president.

§ 6. [Repealed.]

7. The county commissioners' courts of the several counties in this state, are hereby authorized to divide their respective counties into as many election precincts, for all general and special elections, as they may think expedient for the convenience of the voters of said county; and to appoint as many sets of judges of elections to receive votes at the county seats, as they may think necessary; and shall designate the house or place in each precinct, and in the precinct including the county seat, the house or houses, place or places, at which elections are to be holden; and the precincts and places of holding elections, so established, shall so remain until changed by the county commissioners' court. Place of voting, And all general and special elections shall be held at the places so designated, until changed, as aforesaid: Provided, always, that it shall be the duty of the county commission ers' court at any time to change any place of holding elections, upon a petition of a majority of voters residing within the precinct.

Judges of election.

Clerks of elec

tion.

§ 8. The said county commissioners' courts shall, respectively, at the last stated term preceding any election, appoint three capable and discreet persons, possessing the qualifications of electors, to act as judges of the election in each election precinct; and the clerk of the said court shall make out and deliver to the sheriff of the county, immediately after the appointment of said judges, a notice thereof in writing, directed to the judges so appointed; and it shall be the duty of the said sheriff, within twenty days after the receipt of said notice, to serve said notice upon each of the said judges of election.

$ 9. The said judges of the election shall choose two persons, having similar qualifications with themselves, to

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act as clerks of the election. The said judges of the election shall be and continue judges of all elections of civil officers to be held within their precinct, until other judges shall be appointed, as hereinbefore directed; and the said clerks of election may continue to act as such during the pleasure of the judges of election.

And the county commissioners' courts shall, from time to Vacancy time, fill all vacancies which may take place in the office of judgeship. judge of the election, in any election precinct within their respective counties.

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$10. The clerks of the several county commissioners' Notice of elec courts, shall, at least thirty days previous to any general election, and at least twenty days previous to any special election, make out and deliver to the sheriff of his county, three written notices thereof for each precinct, said notices to be, as nearly as circumstances will admit, as follows, to wit: Notice is hereby given, that on Monday, the day of next, at the house of in precinct, in the county of an election will be held for Governor, one Lieutenant Governor, one Representative to the Congress of the United States, one Senator, three Representatives in the General Assembly of this State, one Sheriff, one Coroner, three County Commissioners, etc., (as the case may require,) which election will be opered at 8 o'clock in the morning, and will continue open until 6 o'clock in the afternoon of said day. Dated at, this day of in the year of our Lord, one thousand eight hundred and

.

A

B.

Clerk of the County Commissioners' Court of County.

election

And the said sheriff, to whom such notices shall be deliv- Duty of sheriff to ered, as aforesaid, shall post up in three of the most public notices. places in each precinct, the three notices referring to such precinct, at least fifteen days before the time of holding any general election, and at least eight days before the time of holding any special election.

judgeship, filled.

§ 11. If any person appointed to act as judge of the Vacancy election, as aforesaid, shall neglect or refuse to be sworn or led. affirmed to act in such capacity, the place of such person shall be filled by any justice of the peace, residing within the precinct, to be nominated by the other judge or judges of the election; and if there be no other justice present to act as judge, the other judge or judges of the election shall nominate one or more capable and discreet elector or electors, residing within the precinct, to fill such vacancy or vacancies; and if there be no judge of the election present to fill such vacancy or vacancies by nomination, then such vacancy or vacancies shall be filled by the votes of such qualified electors, residing within the precinct, as may then be present at the place of election; and the justice or justices, person or persons, so elected or nominated to fill such vacancy or vacancies, shall be, and are hereby, vested with the same power as if appointed by the county commission

ers' court.

§ 12. Previous to any votes being taken, the judges and clerks of the election shall severally take an oath or affirmation, in the following form, to wit:

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Judges
oath of office.

and clerks to take

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I, AB, do solemnly swear (or affirm, as the case may be,) that I will perform the duties of judge (or clerk, as the case may be,) according to law and the best of my ability; that I will studiously endeavor to prevent fraud, deceit and abuse in conducting the same.

13. In case there shall be no judge or justice of the peace present at the opening of the election, or in case such judge or justice shall be appointed a judge or clerk of the election, it shall be lawful for the judges of the election, and they are hereby empowered, to administer the oaths or affirmations to each other, and to the clerks of the election; and the person administering such oaths or affirmations shall cause an entry thereof to be made and subscribed by him and prefixed to the poll books.

§ 14. At all elections to be held under this chapter, the polls shall be opened at the hour of eight in the morning, and continue open until six o'clock in the afternoon of the same day, at which time the polls shall be closed.

Provided, however, That if no judge shall attend at the hour of eight in the morning, and it shall be necessary for the electors present to appoint judges to conduct the election, as herein before prescribed, the election may, in that case, commence at any hour before the time for closing the polls shall arrive, as the case inay require.

And, provided, also, that the judges of the election may, if they shall deem it necessary, for the purpose of receiving the votes of all the electors wishing to vote, postpone the closing of the polls until twelve o'clock at night.

And upon opening the polls, one of the clerks, under the direction of the judges, shall make proclamation of the same, and thirty minutes before the closing of the polls proclamation shall be made in like manner that the polls will be closed in half an hour.

§ 15. [Repealed.]

§ 16. [Repealed.]

§ 17. If any elector shall vote more than once at any election held under the authority of this chapter, he shall be fined in the sum of one hundred dollars, to be recovered by indictment before any court of competent jurisdiction; and the whole of such fine shall be appropriated to the use of the county in which the offense may have been committed. 18. [Repealed.]

$ 19. If any person so offering his vote, at such election, shall take such oath or affirination, or shall offer to take such oath or affirmation, as prescribed in the preceding section, his vote shall be received, unless it shall be proved by evidence satisfactory to a majority of the judges, that such oath or affirmation is false; and if such person shall refuse to take such oath or affirmation, his vote shall be rejected; and if any person shall take the oath or af firmation, as is before named, krowing such oath or affirmation to be false, he shall be deemed guilty of willful and corrupt perjury, and punished accordingly.

§ 20. If any person shall vote at any election, who is Illegal voting. not a qualified voter, he shall forfeit and pay any sum not exceeding fifty dollars, nor less than twenty-five, to be recovered in the same manner as other penalties under this chapter.

tend elections.

to fine for disorderly or riot

Power of judges

21. For the preservation of order, as well as the se- Constables to atcurity of the judges and clerks of the election from insult and abuse, it shall be the duty of any constable or constables residing within the precinct, who shall be designated for the purpose, by the judges of the election, to attend at all elections within such precinct; and should no constable attend at such election, the judges of election are hereby authorized and empowered to appoint one or more special constables to assist in preserving order during the election; and the judges are hereby empowered to impose a fine, not exceeding twenty dollars, on any person or persons who shall conduct in a disorderly and riotous manner, and persist in such conduct after having been warned of its consequences, and on refusal to pay the same to commit him or them to the common jail of the county for any time not exceeding twenty days, or until the fine shall be paid; and the constable to whom the order shall be directed and the jailer of the county, are hereby required to execute such order, and receive such person or persons, so committed, as though it had been issued or delivered by a magistrate in due form of law.

ous conduct.

of constables.

8 22. The county commissioners' court in each county Duty and power may, if necessary, appoint some constable to attend each precinct and preserve order during said election; and the said constable shall have authority to call to his aid a sufficient number of citizens to suppress any riot or other disorderly conduct during said election; and there shall be paid to said constable, out of the county treasury, a sum not exceeding one dollar a day for said services.

8 23. When the votes shall have been examined and Election returns counted, the clerks shall set down in their poll books, the name of every person voted for, written at full length, the office for which such person received such vote or votes, and the number he did receive, the number being expressed in words at full length; such entry to be made, as nearly as circumstances will admit, in the following form, to wit:

At an election held at the house of - in - precinct, in the county of and State of Illinois, on the day of in the year of our Lord one thousand eight hundred and, the following named persons received the number of votes annexed to their respective names, for the following described offices, to wit:

B- had fifty-three votes for Governor.

had fifty-one votes for Governor.

Fbad sixty-two votes for Lieutenant Governor.

K

C

E.

H

I

M

N

P

R

- had sixty votes for Lieutenant Governor.

had eighty votes for Representative in Congress.
had seventy-three votes for Senator.

had sixty-five votes for Representative.

had fifty-nine votes for Representative.
had fifty-seven votes for Sheriff.

T-U

had twenty-two votes for Coroner.

V- -W- - had thirty votes for County Commissioner.

(And in the same manner for any other persons or officers voted for.)

Certified by us,

A
CD-
E-

B

F

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Judges of the Election.

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I- J.

24. [Repealed.]

8 25. On the seventh day after the close of the election, or sooner, if all the returns be received, the clerk of the county commissioners' court, taking to his assistance two justices of the peace of his county, shall proceed to open the said returns and make abstracts of the votes in the following manner: The abstract of the votes for governor and lieutenant governor shall be on one sheet, and the abstract of votes for representatives to congress shall be on another sheet; and the abstract of votes for senator and representatives to the general assembly shall be on another sheet, and the abstract of votes for county officers shall be on another sheet; or, if the election shall have been holden for presidential electors, the abstract of votes shall be on one sheet; and it shall be the duty of the said clerk of the county commissioners' court immediately to make out a certificate of election to each of the persons having the highest number of votes for senator and representatives to the general assembly and county officers respectively, and to deliver such certificate to the person entitled to it, on his making application for that purpose to the clerk at his office.

§ 26. But where two or more counties are united in one senatorial or representative district, the clerk of the county commissioners' court of the county last established, shall, within twelve days after the day of the election, attend at the office of the clerk of the county commissioners' court of the senior county; and there, in conjunction with the clerk or clerks of the senior county or counties, shall compare the votes given in the several counties composing such senatorial or representative district; and said clerk shall, immediately, make out a certificate of the election of the person or persons having the highest number of votes in such counties for senator or representative to the general assembly; which certificate shall be delivered to the person entitled to it, on his application to the clerk of the county commissioners' court of the senior county, at his office; and it shall be the duty of the county commissioners' court of the county where the polls are so compared, to compute the number of miles each clerk or other person shall travel, in going and returning from the county where he is so appointed, to the place of comparing the polls; and it shall be the duty of the county commissioners' court, where the polls are so compared, to make an allowance to said clerks, or other sons who may take the vote of each county, as aforesaid, a compensation, not exceeding six cents per mile, going to and

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