rregular ballots. Ballots to be preserved. Contested elections. Certificate of election. box closed and well shaken and again opened, and one of § 58. If more persons are designated for any office than there are candidates to be elected, or if more votes or parts of votes are designated on any ballot for representatives than the voter is entitled to cast, such part of the ticket shall not be counted for either of the candidates. § 59. 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 to whom by law they are required to return the poll books, and shall be delivered, together with the poll books, to such officer, who shall carefully preserve said ballots for six months, and at the expiration of that time shall destroy them by burning, without the package being previously opened: Provided, if any contest of election shall be pending at such time in which such ballots may be required as evidence, the same shall not be destroyed till such contest is finally determined. § 60. 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 the officer having the custody thereof. presence of § 61. When the votes shall have been examined and 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 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...., in ...., in the county of........, and Attest: A B, Judges of Election. E F,) § 62. Such certificate, together with one of the lists of Returns to be delivered to voters and one of the tally papers, having been carefully county clerk. enveloped and sealed up, 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 county clerk or his deputy, at the office of said county clerk; and when received, such clerk or deputy shall proceed to open, canvass and publish the return from each precinct or election district, as provided by law. Judges. 63. The judges and clerks of election shall be allowed Per diem of the sum of three dollars each per day for their services in attending each election, and the judge who carries the said returns to the county clerk shall also receive five cents per mile, each way. $ 64. The judges of election shall allow at least one, Challengers. and not more than two legal voters of each party to the contest, to be chosen by the parties respectively, into the room where the election is held, to act as challengers of voters at such election; and such challengers may remain with the board of election until the votes are all canvassed and the result declared. QUALIFICATION OF VOTERS. § 65. Every person having resided in this State one Residence. year, in the county ninety days, and in the election district Permanent abode. Voter to make affidavit. Form of oath Witness. thirty days next preceding any election therein, who was an elector in this State on the first day of April, in the year of our Lord one thousand eight hundred and forty-eight, or obtained a certificate of naturalization before any court of record in this State prior to the first day of January, in the year of our Lord one thousand eight hundred and seventy, or who shall be a male citizen of the United States, above the age of twenty-one years, shall be entitled to vote at such election. § 66. A permanent abode is necessary to constitute a residence within the meaning of the preceding section. § 67. Whenever, at any general or special election, in any precinct, district, city, village, town or ward, any person offering to vote is not personally known to the judges of election to have the qualifications mentioned in the two preceding sections, if his vote is challenged by a legal voter at such election, he shall make and subscribe an affidavit, in the following form, which shall be retained by the judges of election, and returned by them with the poll books: I, ........, do solemnly swear (or affirm) that I am a citizen of the United States, (or, "that I was an elector on the first day of April, A. D. 1848," or, "that I obtained a certificate of naturalization before a court of record in this State prior to the first day of January, A. D. 1870," as the case may be,) that I have resided in this State one year, in this county ninety days, and in this election district thirty days next preceding this election; that I now reside at (here give the particular house or place of res dence, and, if in a town or city, the street and number,) in this election district; that I am twenty-one years of age, and have not voted at this elec. tion, so held me God, (or, "this I do solemnly and sincerely affirm," as the case may be.) Subscribed and sworn to before me, this........ day of ......, A. D. 18.. $68. In addition to such an affidavit, the person so challenged shall produce a witness, personally known to the judge of election, and resident in the precinct or district, or who shall be proved by some legal voter of such precinct or district, known to the judges, to be such, who shall take the oath following, viz: I do solemnly swear (or affirm) that I am a resident of this election pre- Oath. cinct (or district), and entitled to vote at this election, and that I have been a resident herein for one year last passed, and am well acquainted with the person whose vote is now offered; that he is an actual and bona fide resident of this election precinct (or district), and has resided herein thirty days, and, as I verily believe, in this county ninety days, and in this State one year next preceding this election. of oath. § 69. The oath, in each case, may be administered by Administrat'n either of the judges of election, or by any officer, resident in the precinct or district, authorized by law to administer oaths. 870. No person who has been legally convicted of any Convicts. crime,the punishment of which is confinement in the peniten. tiary, shall be permitted to vote at any election, unless he shall be restored to the right to vote by pardon. CANVASSING VOTES-CERTIFICATE OF ELECTION. § 71. Within seven days after the close of the election, Abstracts of the county clerks of the respective counties, with the as- votes. sistance of two justices of the peace of the county, shall open the returns and make abstracts of the votes in the fol lowing manner, as the case may require: Of votes for Certificate of 872. The county clerk shall make out a certificate of election to each of the persons having the highest number election. 1 Decided by lot Compensation olerks, of votes, for the several county offices, and deliver such certificate to the person entitled to it, on his application. 73. When two or more persons receive an equal and the highest number of votes for an office to be filled by the county alone, the county clerk shall issue a notice to such persons of such tie vote, and require them to appear at his office, on a day named in the notice, within ten days from the day of election, and determine by lot which of them is to be declared elected. 74. On the day appointed, the clerk and other canvassers, or, in case of their absence, the State's attorney or sheriff shall attend, and the parties interested shall appear and determine by lot which of them is to be declared elected; and the clerk shall issue his certificate of election to the person thus declared elected. 875. It shall be the duty of the county clerk, on the of Judges and receipt of the election returns of any general or special election, to make out his certificate, stating the compensation to which the judges and clerks of each election may be entitled for their services, and lay the same before the county board at its next session; and said board shall order the compensation aforesaid to be paid out of the county treas be forwarded of Stato. ury. Abstracts to § 76. Immediately after the completion of the abstracts to secretary of votes, the county clerk shall envelope and seal up a copy of the abstracts of votes for governor, lieutenant governor, secretary of State, auditor of public accounts, treasurer, attorney general, and superintendent of public instruction, and indorse upon it in substance, "Abstracts of votes for State officers from....county," and address it "The speaker of the house of representatives." The county clerk shall, at the same time, envelope and seal up a copy of each of the abstracts of votes for other officers, and indorse the same so as to show the contents of the package, and direct the same to the secretary of State. The several packages shall then be placed in one envelope and addressed to the secretary of State. |