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square, shall have four sides enclosed, each at least six feet high, and the one in front shall open and shut as a door swinging outwards and shall extend within two feet of the floor. Each such booth shall contain a shelf which shall be one foot wide, extending across one side of the booth at a convenient height for writing, and shall be furnished with such supplies and conveniences, including black ink, pads, blotting paper and pencils having black lead only as will enable the voters to conveniently prepare their ballots for voting. Each polling booth shall be furnished with stamps or dies for making the voting mark upon the ballots, and shall have inking pads with ink of uniform color and quality. Each booth shall be kept clearly lighted, while the polls are open, by artificial light if necessary. A guard rail shall be placed at each polling place at least six feet from the ballot boxes and the booths, and no ballot box or booth shall be placed within six feet of such rail and each guard rail shall be provided with a separate entrance and separate exit. The arrangements of the polling place shall be such that the booths can only be reached by passing within the guard rail, and that the booths, ballot boxes, commissioners and every part of the polling places, except the inside of the booth, shall be in plain view of the commissioners and of persons just outside of the guard rail. Such booths shall be arranged that there shall be no access to intending voters or to the booths through any door, window or opening, except by the door in front of said booth.
PREPARATION OF BALLOT AND VOTING.
3013. [Sec. 74.] Any person desiring to vote shall give his name, occupation and registration paper, if such be provided for to the presiding commissioner, 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 registration list by the commissioner having charge thereof, he shall likewise repeat the same, and the voter shall then be allowed to enter the space enclosed by the guard rail, as above provided. The commissioner shall give him one, and only one ballot, and his name shall be immediately checked on said list, and shall also be entered upon a poll list, which shall be numbered from one to the end, before he deposits his ballot in the box.
The commissioner in charge of the poll list immediately after entering the voter's name thereon, and on the same line with the
voter's name shall, by making a cross, indicate that this voter has received one ballot; and should the voter return the first ballot and receive a second ballot, the commissioner in charge of the poll list shall place opposite the voter's name and on the same line on the poll list and next to the first cross a second cross; these crosses shall be the record of the number of ballots obtained by any voter. After three crosses have been placed opposite the name of any voter on the poll list, said voter shall receive no more ballots.
Voter Prepares Ballot and Deposits It.
3014. [Sec. 75.] On receiving his ballot the voter shall forthwith forward and without leaving the enclosed space, retire alone to one of the voting booths or to the table or shelf, and without undue delay, unfold and mark his ballot therein as hereinafter described.
When the voter has so marked the ballot received by him he shall before leaving the booth or enclosed space refold the ballot, immediately cast the same and leave the voting place.
Every voter who does not vote a ballot delivered to him by the ballot commissioner shall, before passing outside the guard rail or enclosed space, return such ballot to such officer, who shall stamp the same "spoiled" and deposit in the box for spoiled ballots. And the voter shall not again return within the guard rail. No ballot, either spoiled or otherwise, shall be carried away from the voting place or taken outside the guard rail.
No more voters shall be permitted to pass the guard rail than there are unoccupied booths provided for in this act only one voter shall be allowed within the enclosed space.
No voter shall be allowed to occupy a booth already occupied by another, or to occupy a booth or enclosed space more than three minutes or to speak or converse with any one, except as in this act provided, while within the guard rail. It shall be unlawful for a voter to deface or tear any ballot or to mark the same otherwise than as provided in this section.
Every ballot voted which is defaced or torn or which is marked otherwise than as in this section provided, shall be treated as a ballot marked for identification.
If a voter tear, soil or deface a ballot so that it cannot be used, he may successfully obtain others, one at a time, not exceeding in all three, upon returning each ballot so torn, soiled or defaced to the commissioner, which ballot so returned shall be imme
diately marked or stamped "spoiled" across the official endorsement and placed in the box for spoiled ballots and entry of such fact made on the poll lists as required by this act.
If he desires to vote for a person other than nominees of political parties, he must write the name of such person in the space provided for such purpose, with a pencil having black lead, and obliterate with the official stamp the white square in the voting space at the right of the name so written.
In marking a ballot upon which is printed for submission to the voters any question of the adoption of a constitutional amendment, or any other proposition or question, he shall obliterate with the official stamp the white square in the voting space after the word "yes" printed at the right of the question, for an affirmative vote upon such question; or he shall obliterate with the official stamp the white square after the word "no" similarly printed for negative vote upon such question.
Voter must do own voting, without interference or suggestion, Bennett vs. Staples, 110 La. 847.
Only Official Ballot to Be Counted.
3015. [Sec. 76.] No ballot without the official endorsement, shall as herein otherwise provided, be allowed to be deposited in the ballot box, and none but ballots provided in accordance with the provisions of this act shall be counted. Any voter who declares to the presiding commissioner that by blindness or other physical disability he is unable to mark his ballot, shall, upon request, receive the assistance of two of the commissioners, who shall be of different political parties, or factions, represented among the commissioners, in the marking thereof, and neither the voter nor the said commissioners shall thereafter give any information regarding the same. The commissioner shall require such declaration of disability to be made by the voter under oath before him, and he is hereby qualified to administer the same.
Penalty for Violating Secrecy of Ballot.
3016. [Sec. 77.] Any voter or commissioner who shall except as hereinbefore provided, allow his ballot to be seen by any person with an apparent intention of letting it be known how he is about to vote, or place any distinguishing mark upon his ballot, or who shall make a false statement as to his inability to mark his ballot, or any person who shall interfere or attempt to interfere with any voter when inside said inclosed space or
when marking his ballot, or who shall endeavor to induce any voter before voting to show how he is about to mark, or has marked his ballot, or otherwise violates any of the provisions of this Act, shall be punished in accordance with Section 44 of this act.
Penalty for Destruction, etc., of Cards, etc.
3017. [Sec. 78.] [Sec. 78.] Any person who shall, prior to or during an election, wilfully deface or destroy any card of instruction or sample ballot printed or posted for the instruction of voters, wilfully remove or destroy any of the supplies or conveniences furnished to enable a voter to prepare his ballot, or shall wilfully hinder the voting of others, shall be punished in accordance with Section 44 of this act.
Every commissioner of election, or other officer or person having the custody of any record register of votes, or copy thereof, oath, return of votes, certificates, poll lists, or any paper, document or evidence of any description in this act directed to be made filed or preserved, who is guilty of stealing, wilfully destroying, mutilating, defacing, falsifying or fraudulently removing or secreting the whole or any part thereof, or who shall fraudulently make any entry, erasure or alteration therein, except as allowed and directed by the provisions of this act, or who permits any other person so to do, shall be guilty of a felony and upon conviction thereof, be punished in accordance with Section 44 of this act. (Amd. Act 132, 1900, p. 203.)
Penalty for Stealing Election Supplies in Transit.
3018. [Sec. 79.] Any person in the employment of any railway, express, or other transportation company or any other common carrier, or any person, who shall delay, steal, destroy or make way with while in transit from the office of the Secretary of State to the Board of Supervisors of Elections of any parish in this State, any box or package containing ballots or other election supplies, shall be guilty of a felony, and upon conviction thereof be punished in accordance with Section 44 of this act.
And every person not an officer who is guilty of any of the aforesaid acts or who advises, procures, or abets the commission of the same, or any of them shall, upon conviction thereof, be punished in accordance with Section 44, of this act.
Counting Votes, etc.
3019. [Sec. 80.] As soon as the polls are closed the Commissioners shall at once rule off and sign and swear to the poll list, writing out beneath the said ruling the number of votes contained thereon, and shall seal up and mark on the wrappers with the ward and precinct number all unused ballots, including all ballots that have been spoiled and defaced by voters in attempting to mark the same, and shall endorse thereon the number of ballots therein contained. The officers in charge of the poll books shall in the presence of the other officers and the public, count in a distinct and audible voice, the names checked on said list and announce the whole number thereof, and compare the same with the poll list, correcting any discrepancies between them and noting the same at the bottom of the poll list before proceeding with the count. The ballot box, without being removed from the public view, shall be opened by the presiding officer, and the Commissioners shall commence by counting the ballots found therein without unfolding them, except so far as to ascertain that each ballot is single, and by comparing the ballots found in the box with the number shown by the poll lists to have been deposited therein. If the ballots found in any box shall be more than the number of ballots so shown to have been deposited therein, such ballots shall all be replaced without being unfolded in the box from which they were taken, and one of the Commissioners shall, without seeing the same and with his back to the box, thoroughly mingle the ballots together, and another commissioner shall, without seeing the same, and with his back to the box, publicly draw out as many ballots as shall be equal to such excess, and without unfolding them, the commissioner shall forthwith mark the same "uncounted in excess of poll list," and attach a signed statement of the number of ballots so uncounted, which statement, and the uncounted ballots, shall be made up into a separate package and deposited in the ballot box prior to its being sealed up in accordance with the provisions of this act. If two or more ballots shall be found in a ballot box, so folded together as to present the appearance of a single ballot, they shall not be counted if the whole number of ballots shown by the poll list to have been deposited therein. No ballot that has not the official endorsement shall be counted, except such as are voted in accordance with the provisions of this act relating to official ballots. All such uncounted ballots