The Algona Upper Des Moines from Algona, Iowa on March 30, 1892 · Page 5
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The Algona Upper Des Moines from Algona, Iowa · Page 5

Algona, Iowa
Issue Date:
Wednesday, March 30, 1892
Page 5
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THE UPPER DES MOlNES: ALGONA, IOWA, WEDNESDAY, MABOil 30, 1892, iaaag.a2.a.£ J ~ i! gaJi^.g^.i._--^^^^ .. ... .. ^a-*-,..^™--.^-.^-.,,- .t™..^^.,.......,.,.,^^.**--..-™^.^--™^—-^...-^,-^^.^^ .«.„.= „,.. _ ... x ' Directions Which afe to be Followed by Judges and Voters. ACT OP THE STATE LEGISLATURE. Provisions Made for the Printing and Distributing of Ballots at Public Ex- liensc—Penalties Which Those Who Violate the taw Will Have to Suffer* AN ACT to provide for the printing and distribution of ballots at public expense, and for th* nomination of candidates for public offices; to regulate the manner of holding elections; and to enforce secrecy of the ballot. SECTION 1. Beit enacted by the general assembly of the state of Iowa: In all elections to be held after November 1,1892. in the state for public officers (except those elected at school elections,) the voting shall be by ballots printed and distributed at public expense as hereinafter provided, and no other ballots shall be used. SEC. 2. The printing and distributing of ballots and cards of instruction to tho voters,-as hereinafter dercribed, for any general election, shall beat the expense of the county, and shall be provided for in the same manner as other county election expenses; and the printing and distributing of ballots for use in city elections shall be at the expense of the city or town in which su^h election shall be held. The term "general election," as used in this act, shall apply to any election held for the choice of national, state, judicial, district, county or township officers, whether for the full term or for the filling of a vacancy. The term "city election," shall apply to any municipal election held in a city or incorporated town. SEC. 8. Any convention of delegates, primary, caucus or meeting of qualified voters as hereinafter defined, and individual electors to the number and in the manner hereinafter specified, may nominate candidates for public office, whosa names shall be placed upon the ballots to be furnished as hereinafter provided. SEC. 4. Any convention of delegates, primary, caucus or meeting representing a political party, which at the general election next preceding polled at least two (2) per cent, of the entire vote cast in the state or division thereof, or municipality for which the nomination is made, may for the state or division thereof, or municipality for-which the convention, primary, caucus or meeting is held, as tha case may be, by causing a certificate ol nomination to be duly filed, make one such nomination for each office therein to be filled at the election. Every such certificate of nomination shall state such facts as are required in section 6 of this act, and shall be signed by the presiding officer and by the secretary of tho convention, caucus or meeting, who shall add to their signatures their places of residence. Where the nomination is made by a primary election, the certificate shall ba signed by the board o* canvassers, to which the returns of said primary are made. Such certificate shall be sworn to by them to be true, to the best of their knowledge and belief, and a certificate of the oath shall be annexed to the certificate of the nomination. SEC. 5. Nominations for candidates for any office to be filled by the voters at large may also be made by nomination papers, signed in the aggregate for each candidate by not less than five hundred (500) qualified voters of the state. Nomination of candidates for offices to be filled by the electors of a county, district or other division less than a state may bo made by nomination papers, signed in tha aggregate for each camiidate by not less than twenty-five (25) qualified voters of such county, district or division. Nominations of candidates for offices to ba filled by the electors of a city, town, precinct or ward may be made by nomination papers, signed in the aggregate for each candidate by not less than ten (10) qualified voters of, precinct or ward; provided, that the name of any candidate whose name may appear in any other place upon the ballot, shall not ba so added by petition for the same office. Each elector signing a certificate shall add to his signature his place of business and postoffice address. SEC. 6. All certificates of nomination, or nomination papers, shall, besides containing tho names of candidates, specify as to each; 1. The office to which he is nominated. 2. The party or political principle which he represents, expressed in not more than five (5) words. 8. His place of residence, with street and number thereof, if any. In the case of electors for president and vice president of the United States, the names of the candidates for president and vice president may be added to the party or political appellation. SEC. 7. Certificates of nomination, and nomination papers for the nomination of candidates for offices to be filled by tha electors of the entire state, or any division or district greater than a county, shall ba filed with the secretary of state not more than sixty (60) days and not less than thirty (80) days before the daj fixed by law for the election for which the candidates are nominated. All other certificates for the nomination of candidates shall be filed with the county auditor of the respective counties, not more than sixty (60) days and not less than twenty (20) days previous to the day of such election; Provided, that certificates of nomination and nomination papers for the nomination of candidates for the offices in cities and incorporated towns shall bo filed with the clerks or recorder of the cities or incorporated towns, not more than forty (40) days and not less than ten (10) days previous to such election. SEC. 8. Any person whose name has been presented as a candidate may causa his name to be withdrawn from nomination by his request in writing, signed by him and acknowledged before an officer qualified to take acknowledgements of deeds, and filed with the secretary of state not less than fifteen (15) -days, or with the proper auditor, clerk or (recorder not less than eight (8) days previous to the day of election, and no name «o withdrawn shall be printed upon the .ballots. All certificates of nomination and nomination papers, when filed, shall *be open, >uuder the proper regulation, to .public inspection, and the secretary of /state and .the several county auditors, •clerks and recorders having charge of •nomination papers shall preserve the same in their respective offices for uot leas than six months after the election. 9. In case a candidate who has under tueprov^- iohs of this act, die before election day o decline the nomination as in this act pro Tided, or should any certificate Of nomi nation be held in suficient or inoperative by the officer with whom they may be filed the vacancy or vacancies thus occasioned may be filled by the political party or-othe persons making the original nominations or, if the time is insufficient therefor, then the vacancy may bo filled, if the nomina tion was by convention, primary or cau cus, in such a manner as the convention primary or' caucus had previously provided, or in case of no such previous pro visions, then by a regularly elected 01 appointed executive or central committee representing the political party or person holding such convention, primarj meeting or caucus. The certificates of nominations made' to supply sue] vacancy, shall state in addition to the facts hereinbefore required by this act the name of the original nominee, the dat of his death or declination of nomination or the fact that the former nomination has been held insufficient or inoperative and the measures' taken in accordance with the above requirements for filling a vacancy, and it shall be signed and sworn to by the presiding officer and secretary o the convention, primary or caucus, or by the chairman and secretary of the dul; authorized committee as the case may be SEC. 10. The certificates of nomination and nomination papers being so filed, am being in apparent conformity with th provisions of this act, shall be deemed tc be valid, unless objection thereto is duly made in writing. Such objections or othe questions arising in relation thereto in the case of nomination of state officers o officers to be elected by the voters of a di vision less the state and greater than a county, shall be considered by the secre tary of state, auditor of state and attorney general, and the decision of the majority of these officers shall be final. Such objections or ques tions arising in the case of nominations for officers to be elected by the voters of a county or townsiiip, shall be considered by the county auditor, clerk of the dis trict court and county attorney for such county, and the decision of a majority o the said officers shall be final. Objections or questions arising the case of nomi nations for city or incorporated town of fleers shall be considered by the mayor and clerk or recorder, with whom one councilman or trustee thereof as the case may be, choseu by lots, shall act, and the decision of a majority of such officers shall be final. In any case where objection is made, notice shall forthwith bo given to the candidate affected thereby, ad dressed to their place of residence as given in the nomination papers, and stating the time and place, when and where such ob jections will be considered. SEC. 11. When such certificate is filed with the secretary of state, he shall, in certifying nominations to the various county auditors, insert the name of the name of the person thus nominated to fill a vacancy in place of the original nominee; and in the event that he has already sent forward his certificate, he shall forthwith certify to the auditors of the proper counties the name and description of the person so nominated to fill the vacancy, the office he is nominated for, with the other details mentioned in certificates oJ nomination filed with the secretary ol state; he shall immediately certify the name so supplied to the authorities charged with the printing of the ballots. The name so supplied for the vacancy shall, if the ballots are not already printed, be placed on the bailor in place of the name of the original nominee; or, if the ballots have been printed, new ballots, whenever practicable, shall be furnished. SEC. 12. AVhenever it may not ba practicable to have new ballots printed it shall be the duty of the election officer having charge of the ballots to place the name supplied for the vacancy upon each ballot issued before delivering it to the voter; the name so supplied may be placed upon the ballots either by affixing a poster, or by writing or stamping the name on the ballot; and to enable this to be done, the officer with whom the cer tificates of nomination are to be filed, shall immediatelv furnish the name of such substituted nominee to all judges of election within the territory in which such nominee may be a candidate; provided, that in all cases where certificates of nomination or nomination papers are filed with the secretary of state he shall be required only to immediately furnish the name of such substituted nominee to the county auditors within said territory, and it shall be the duty of the county auditor to furnish such information to the judges of election as hereinbefore stated. SEC, 13. Not less than fifteen (15) days before an election to fill any public office the secretary of state shall certify to the county auditor of each county within which any of the electors may by law vote for candidates for such office, the name and residence of each person nominated for such office, as specified in the certificates of nomination or nomination papers filed with the secretary of state. SEC. 14. The names of all candidates to be voted for in each election district or precinct shall be printed on one ballot; all nominations of any political party or group of petitioners being placd under the party appellation or title of such party or group, as designated by them in their certificates of nomination or petitions, or if none be designated, then under some suitable title, and the ballot shall contain no other names, except that, in case of electors for President and Vice- President of the United States, the names of the candidates for President and Vice- Presideiit may be added to the party or political designation. If a constitutional amendment or other public measure is submitted to a vote, such question shall be printed upon the ballot after the lists of candidates, and words calculated to aid the voter to answer any question submitted to vote may be added, such as "Yes," "No," or the like. On the back or outside of the ballot, so as to appear when folded, shall be printed the words "official ballot," followed by the designation of the polling place for which the ballot is prepared, the date of the election, anc a fac simile of the signature of the auditor or other officer who has caused the ballot to be printed. The ballots shall be on plain white paper, through which the printing or wri ting cannot bo read. The party appellation or title shall be printed in capital letters not less than one-fouth of an inch in height; and a circle one-half inch in diameter shall be printed at the beginning of the lino in which such appellation or title is printed, The names of candidates shall be printed in capital letters, uot less than one-eighth nor more than one fourth of an inch iu, height. And at the beginning of each line in which the name of a candidate is printed » square shall be printed, the sides of which shall not be leas than one- fourth of an iagh in length. The list of candidates for jtUe several parties and of petitioners be placed in £*yV4£'5' w* £*wv*w»w^n*-**ir vpirt* **v ^AI^WV* *** separate columns on th« ballots, in such order M the authorities' charged -with th printing of the ballots shall decide. Each of the columns containing the lie of the candidates including the party ap pellaticn shall be separated by'adistinc line. n 8 w p P a" I o I Q 3 I o 1 LJ 1 s I I W ?' 9 £ 2 O o o o O I I I I p.- O c) tel bd O (And continuing in like manner as to all candidates to be voted for at such elec tion.) SEC. 15. For all elections to which thin act applies.the county auditors in their re spective counties shall have charge of thi printing of < he ballots for all general elec tions, and shall furnish them to the judges of such elections. The city clerk and recorder of incorporated towns shal have charge thereof and furnish them in all municipal elections. Ballots shall ba printed and in the possession of the officer clmi-ged with their distribution at leasi two (2) days before the election, and sub ject to the inspection of candidates anc their agents. If any mistakes be discovered they shall be corrected without de lay. The officers so charged with the printing of the ballots shall cause to be delivered to the judges of election, at the pollinj place of each voting precinct, not less that twe) ve (12) hours before the tim e as fixed b. law for opening of the pollb therein, one hundred (100) ballots of the kind to ba voted in such precinct for ever fifty (50 votes or fraction thereof cast therein ai the last preceding election for state officers Such ballots shall be put up in separate sealed packages, with marks on the outside clearly designating the polling place tor which they are intended, and the number of ballots enclosed and receipt there- for shall be given by the judge or judpea of election to whom they are delivered, which receipt shall be preserved by the officer charged with the printing ol the ballots. The officer or authorities charged with the printing and distributing of the ballots shall provide and retain, at his or their office, an ample supply of ballots in addition to those distributed to the several voting precincts, and if at any time, on or before the day of election the ballots furnished to any precinct shall be lost, destroyed or exhausted, before the polls are closed, on written application, signed by a majority of the judges of such precinct or signed and sworn to by one of such judges, he shall immediately cause to be delivered to such judges, at the polling place, such additional supply of ballots as may be required, and sufficient to comply with the provision oi this act. SEC. 1(5. Whenever a constitutional amendment or other public measure is proposed to he voted upon by the people, such amendments or other public measure shall be printed in full upon the ballots, preceded by the words: "Shall the following amendment to tha constitution (or public measure) be adopted?" Two spaces shall be left upon tha right hand margin, one for votes favoring amendments, or public measure, to be designated by the word •Yes," and one for votes opposing the imendment or measure to be designated by the word "No," as in the form herein {iven, Shall the following amendment to tha constitution (or public measure) ba adopted. [Here insert in full the iroposed public measure or constitutional amendments.] The elector shall designate his vote by a cross mark, thus (X). YES. NO. X SEC. 17. The officer or officers, whose duty tis to have the ballots printed, shall prepare full instructions for the guidance ol rotors at each election, as to obtaining bal- ots, as to the manner of marking them and he method of gaining assistance, and as to obtaining new ballots in place of hose accidentally spoiled; and they shall •espectively cause the same, together ,vith copies of sections 93, 23, 24, 25, 26, 2T, ,8 and 29 of this act to be printed in large, lear type on separate .cards, to bo called cards of instruction;; and. such officer or fficers shall furnish to the judges of elec- ion a sufficient number of uwh cards of nstructjOB to (enable (he judges pfelec- ion to comply with jth.e provisions pf this net. SEC. 18. The judges of ejection hall cause not less than one such cards to be posted n each voting booth or apartment pro- ided for the preparation of ballots, and .ot less than four (4) of such cards to be tasted in and about the polling place up- n the day of election. Judges of election hall, not less than five (8) days prior to an lection, cause to be conspicuously posted in five or mttre public plncR-i in -lieir voting precinct a card of histrinjf.ion and a specimen ballot, printed oh colored paper, containing the names, residence and party or political affiliation of all candidates nominated, as herein provided and to be voted for in such precinct, substantially in the form of the general ballot to used. The county auditor shall cause to be published p.-ior to the day of election in at least two newspapers, if there be so many published in such county, representing the political parties which cast at the preceding general election the largest and next largest number of votes, a list of all the nominations made, as herein provided and to be voted for at such election as near as may be in the form in which they shall appear upon the general ballot; provided, that publication bv the county auditof shall not be required for or applying to the election of township or municipal officers. SEC. 19. Election boards shall be composed of three judges and two clerks. Tha judges of election of ttieir respective election precincts shall have charge of the ballots and furnish them to the voters as hereinafter set forth. Not more than two judges and not more thau one clerk shall belong to the same political party or organiza- ization; provided, always, there be one ov more electors qualified and willing to act as such judge or clerk, and belonging to and a member, or members of opposite parties. In municipalities the councilinen 'or trustees shall be ex-officio judges ol election; provided, that in case muro than two couucilmen or trustees belonging to the same political party or organization be residents of the same election precinct, the county board of supervisors may designate which of the councilmen or trustees shall serva as judges at general elections in such precincts. In township precincts the clerk of the township shall be ex-officio, a clerk of election of the precinct in which ha resides, and the trustees of the township shall be ex-officio judges of election, except that in townships not divided into election precincts, if all the trustees be ol the same political party, those two only whose term expire in one or two years, shall be ex-offlcio judges of such precinct. The membership of such election board shall '>e completed by the board ol supervisors from the party unrepresented which cast the largest or next largest number of votes in said precinct at the last general election; and as now provided by law and in conformity with this act; provided, that in all city elections thepowera and duties hereinbefore given and mada incumbent upon the board of supervisors shall be exercised and performed by tha city council or trustees of incorporated towns. If at the opening of the polls in any precinct there shall be a vacancy in the office of clerk or judge of election, the same shall be filled by the members of the board present and from the political party which is entitled to such vacant office under the provisions of this act. Sue. 20. It shall be the duty of the township trustees, and, in cities and towns, of the mayor and clerk or recorder, to provide suitable places in which to hold all elections jrovided for by this act, and to see that the same are warmed, lighted and furnished with proper supplies and conveniences, including a sufficient number of booths, shelves, pens, penholders, ink, blotters and pencils as will enable the vott-.r to prepare his ballot for voting, and in which voters may prepare their ballots screened from all observation as to the manner in which they do so. A guard rail shall be so constructed and placed that only such persons as are inside said rail can approach within six (6) feet of the ballot box and of such voting booths. Th% arrangements shall be such that the votin<r booths can only be reached by passing within said guard rail. They shall be in plain view of the election officers, and both they and the ballot boxes shall be in plain view of those outside the guard rail. Each of said booths shall have three sides enclosed, one side in front, to open and shut by a door swinging outward, or to be closed by a curtain. Each side of each booth shall be seven (7) feet high, and the door or curtain shall extend to within two (2) feet of the floor, which shall be closed while tha voter is preparing hts ballot; and such booths shall be well lighted. Each bootli shall be at least three (8) feet square, and shall contain a shelf at least one (1) foot wide, at a convenient heighth for writing. No person other than the election officers and thb challengers allowed by law and those admitted for the purpose of voting, as hereinafter provided, shall be permitted within the guard roil, except by the authority of the election officers, to "keep order and enforce the law. The number ol such voting booths shall not be less than one (1) to every sixty (00) voters, or fraction thereof, who voted at the last preceding election in the precinct. The expense of providing booths and guard rails, and other things required in this act, shall be paid in the same manner aa other election expenses. Said booths oi compartments shall be so built and arranged, if possible, as to be permanent, so that after the election they may bj taken down and deposited with the township or city clerk or town recorder, as the case may bo, for safe keeping for all future use. In all cases whore it is practicable, iu precincts outside of cities und towns, the election shall be held in the public school building, for the useoi which t'uero shall bo no charge. But all damage to the building or furniture shall je a just claim against the county. SEC. 21, Any person desiring to work in precincts where registration is required, shall give his name, and, it required to do so, his residence, to the judges of election, one of whom shall hereupon answer the same in a loud and distinct tone of voice.clear and audible; and if such name is found on the register of voters by the officer having charge thereof, 10 shall likewise report said name, and ;he voter shall be allowed to enter tin space enclosed by the guard-rail, as abova irovided. One of the judges shall give tin voter one, and only one ballot, on the back of which such judge shall endorse his nitials in such manner that they may ba seen when the ballot is properly folded, and the voter's name shall be iinmou 1 lately ihecked on the register list. At nil eleo- ions, where registration is required, if the name of any person desiring to vote at such election/is not found on thy rogis- ,er of voters, he shall not receive a ballot until ho shall have eomplio4 with tho Ihvi the manner and poiiditiiiiiH o| rating by unregistered yoters, if any pur son desiring to vote at »uy flection shall )e challenged, he shall not jrepoiye a but of. until he shall liaye (tstubljshed hh ighc to vote in the manner provided by aw. Besides the election olllcur.s, nut nore than two voters In excess of tlw whole number of voting booth* , ' " be allowed in said enclose^ 8 jmilwUMpj?! govern, where applicable, all person desiring to Vote in precincts where regis tration is not required. SEC. 22. On receipt of his ballot, tin voter shall forthwith, and without leav ing the enclosed space, retire alone to cne of the voting booths so provided, ant Shall prepare his ballot by making in the appropriate margin or place a cross (X opposite the name of the candidate of his choice for each office to be filled, or b writing in the name of the candidate o' his choice in a blank space of said ticket making a cross (X) opposite thereto; ant in case of a question submitted to a vote of the people, by making in the np propriate margin or place a cross (3C against the answer he desires to give; pro vided, however, if he shall desire to voto for all the candidates of one political party, or group of petitioners, he may place such mark at the appro priate place preceding the appel lation or title under which the names of the candidates of such party, or group of petitioners, are printed; and the ballots so marked shall be counted as cast for all the candidates named, after that title; provided, further, that the voter may place such mark at the appropriate space preceding the appellation or title of any one party, or group of petitioners, and may also mark, at the appropriate space preceding the name or names of one or more candidates printed under the appellation or title of some other party, ov group of petitioners, and a ballot so marked shall be counted as cast for all candidates named under the appellation or title which has been so marked, except as to the officers to which he has placed such mark preceding tho name or names of some other candidate or candidates printed under the title of some other party or. group of petitioners, and as to such, it shall be counted as cast for the candidate or candidates preceding whose name or names such mark may have been placed. Before leaving the voting booth the voteir shall fold his ballot in such manner as to conceal the marks thereon. The number of the voter on the poll books or register list shall not be endorsed on the back of his ballot. He shall mark and deposit his ballot without undue delay, and shall quit said enclosed space as soon as he has voted. No voter shall bo allowed to occupy a voting booth already occupied by another, nor remain wUhin said enclosed space more thau ten minutes, nor to occupy a voting booth more than five minutes, in case all of said voting booths are in use and other voters waiting to occupy the same. No voter, not an election officer, shall, after having voted, be allowed to outer said enclosed space during said election. No person shall take or remove any ballot from the polling place before the close of the poll. No voter shall vote, or offer to vote any ba lot except such as he has received from the judges of election in charge of the ballots. Any voter who shall, by accident • or mistake, spoil his ballot, may on returning said spoiled ballot to the election judges, receive another in place thereof. Any voter who, after receiving an official ballot, decides not to vote, shall, before retiring from within the ijuard rail, surrender to the elea/sion officdrs the'official ballot which has been givon him; and a refusal to surrender such oallot shall subject thepcrsou so offending to immediate arrest and the penalties affixed in Nection 27 of this net. SEC. 23, Any voter who may duclaru upon' oath that he cannot read the English language, or by reason of any physical disability he is unable to mark his ballot, shall, upon request, be assisted in marking his ballot by two of the election officers of different political parties, to be selected from the judges and clerks of the precinct in which they are to act, to be designated by the judges of election of each precinct at the opening of the polls. Such officers shall mark the ballot as directed by the voter, and shall hereafter give no information regarding the same. The clerks of elootion shall enter upon the poll list, after the name of any elector who receive^ such assistance in marking his ballot, a memorandum of the fact. Intoxication shall not be regarded as a physical disability, and no intoxicated person shall be entitled to assistance in marking his ballot. SEC. 24. Any person entitled to vote at a general election m this state, shall, on the day of such election, be entitled to absent himself from any service or employment in which he is then engaged or employed for a period of two hours, between the time of opening and closing of the polls, and such voter shall not, because of absenting himself, bo liable to any penalty, or shall any deduction be made on account of such absence from his usual salary or wages; provided, however, that application for such leave of absence shall be made prior to the day of election. The employer may specify the hours during which said employe may absent himself as aforesaid. Any person or corporation, who shall refuse to an employe the privilege hereby conferred or shall subject an employe to a penalty or deduction of wages because of the exercises of such privilege, or who shall in any manner attempt to influence or control such voter as to how he shall vote, by offering any reward or by threatening his discharge from employment, or otherwise imtimidating him from a full and free exercise of his right to vote, or shall, directly or indirectly, violate 'the provisions of this section, shall be deemed guilty of a misdemeanor and be fined in any sum not less than five dollars (5) or more thau one hundred dollars (100.) Sue. 25. If a voter marks more names that there are persons to be elected to an office, or if for any reason it is possible to determine the voter's choice for any office to be filled, hit ballot shall not be counted for such office. No ballot without the official endorsement shall be allowed to be deposited in the ballot box.and none but ballots provided in accordance with the provision of this act shall be counted. Ballots not counted slmll be marked "defective" on the back thereof, and ballots to which objection has been made by either of the judges or challengers, shall be marked ''objected to" on the back thereof, and a memorandum signed by the judges, stating how it wan counted, shall be written on the back of each ballot so marked; and all ballots marked "defective" or "objected to." shall be enclosed in an envelope, securely sealed, and so marked and endorsed as to clearly disclose its contents. All ballots uot voted, and all that havo been spoiled by voters while attempting to vote, sh.'ill bo returned by the judges of election to the officer or authorities charged with the printing and distribution of the ballots, and a receipt taken therefor, and. shall bo preserved tor nix months, Siiph "officey shall Keep a rwiord pf {.his number pj ballots delivered for each polling 'place, the name of tho person to whom, and the time when delivered, and he shall also enter upon such ruportl tho number and character of the ballots returned, with the time when wild the person by whqm they aro re- tUWWi.. When the canvass shall have been eoinpjeted as now provided by law, shftU announce fa the judges frff**** w**»("t»f^v KM f 1 **-' |WV*K«»i number pf votes received uy each candidate; at loag]t ope Judge of the election shftl then pr&fdini in a loud r mediately after making Snch proclamation, and before separating, the judges shall fold in two folds, and string closelv upon a single piece of flexible wire, all ballots which have been counted by them except those marked "objected to," unite the ends of such wire in a firm knot, seal the knot in snch A manner that it cannot be untied without breaking the seal, enclose the ballots so strung in an envelope and securely seal such e'nvelope in such a manner that it cannot be opened without breaking tho seal, and return said ballots, together with the package with the ballots marked "defective" or" "objected to," in such Fealed package or envelope, to the proper auditor, clerk or recorder, as the case may be, from whom the same were received, nml such officer shall carefully preserve such ballots tor six months, and at the expiration of that time shall destroy thorn by burning without previously opening the package or envelope. Such ballot shall be destroyed in the presence of the official custodian thereof, and two electors of approved integrity and good repute and members respectively of the two leading political parties. The said electors shall be designated by the chairman of the board of Supervisors of the county in which such ballots are kept; provided, that if any contest of the election of any officer voted for at such election shall be pending at the expiration of said time, tho said ballots shall not bo destroyed until such contest is finally determined. In all cases of contested eleo tions, the parties contesting the same shall have the right to have the said ballots opened, and to have all the errors of the judges in counting or refusing to count any ballots corrected by the court or body trying such contest; but such ballots shall be opened only in open • court, or in open session of such body, and in the presence of the officer having the custody thereof. SEC. 20. No person whatever, shall do any electioneering or soliciting of votes on election day within any polling place, op within one hundred (100) feet of any polling place. No person shall interrupt, hinder or oppose any voter while approaching the polling place for the purpose of voting. Whoever shall violate the provisions of thissection shall bepuuished by a fine of not less than twenty-five dollars ($25) dollars nor more than one hundred dollars, or imprisonment for not less ten (10) days, nov exceeding thirty (80) days, or both by flue or Imprisonment, for each and every offense; and it shall ba the duty of the judges of election to enforce tho provisions of this section. SEC. 27. Any voter who shall, except M heroin otherwise provided, allow his bal- lot'to be seen by any person -with an apparent intention of letting it be known how he is about to vote, 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 enclosed plnce, or when marking his ballot, or who shall endeavor to iuduce any voter, before voting, to show how he marks, or has marked his ballot, or any person who shall mark or cause in any manner to be marked, on any ballot, any character for the purpose of identifying said ballot, shall bo punished by a fine of not less than five dollars ($5) nor more than one hundred dollars ($100), or imprisonment for not less < hau ten days (10), nor exceeding thirty days (30), or by both fine and imprisonment; and it shall be the duty of the election judges to enforce the provisions of this section. SEC. 28. Any person who shall, prior to any election, willfully destroy or deface any list of candidates posted, in accordance with the provisions of this act, or who, during an election, shall willfully deface, tear down, remove or destroy any card of instruction or specimen ballot, printed nml posted for the instruction of voiovs, or wiio shall, during an election, willfully remove or destroy any of the Jiipplies or conveniences furnished to enable voters to prepare their ballots, or shall willfully hinder the voting of others, shall be punished by a fine of not less than ten dollars (410) or more than one hundred lollars ($100), or imprisonment for not less ;han ten (10) days nor exceeding thirty (30) days, or by both fine and imprisonment. SEC. 29. Any person who shall falsely make, or willfully destroy, any certificate of nomination, or nomination papers, or any part thereof, or any letter of withdrawal, or file any certificate of nomination, or nomination papers, knowing the same, or any part thereof, to be falsely • made, or suppress any certificate of nom- nation, or nomination papers, or any part .hereof, which have been duly filed, or 'orge, or falsely make the official endorsement on any ballot, or substitute therefor any spurious or counterfeit ballot, or make, use, circulate, or cause to be made or circulated, as an official ballot, any pa- >er printed in imitation or resemblance mereof, or willfully destroy or deface any ballot, or willfully delay the delivery of any ballots, shall be punished by a fine of not less tlmn one hundred dollars ($100) and not exceeding one thousand dollars $1,000), or by imprisonment in the peni- .entiary not less than one year and not exceeding five years, or by both fine and imprisonment. SEC. 80. Any public officer upon whom a duty is imposed bytbis act who shall willfully neglect to perform such duty, or who shall willfully perform it in such a vay as to hinder the object of this act, or shall disclose to any one except as may be ordered by any court of justice, the con- ;ents of any ballot, as to tho manner in which the same may have been voted, ihall be punished by a fine of not less than Ive dollars ($5), nor more than one thousand dollars ($1,000) or by imprisonment n the penitentiary for not less than one 'ear, and not exceeding five years, or both >y fine and imprisonment. SEC. 81. It shall be the duty of tho see- •etary of state, with the aid and advice oif he attorney general, to cause 8,000 copies if this act to DO printed immediately, in )amphlut form, with all necessary forms md instructions, to assist election officers o carry it into effect, and to distribute he same among the county auditors of he several counties of the state, SEC. 82. At all elections to which thi* \ct applies, the polls shall he opened at o'clock in the morning, and shall be loaod at 6 o'clock in the evening, but may > >e held open until 8 o'clock in the even- ng provided a proclamation was so made ' at th« time of the opening of the polls. SEC. 88. It shall be the duty of the loard of supervisors of each county at heir June meeting after the passage of his act, to select two newspapers, ona rom each of the two political parties asting the greatest number of votes for ?overnor in 1891, in which this Jaw shall ie published; provided, that the payment or such publication shall be fixed by said )oard of supervisors, but iu no case shall t exceed the sum of $80 to each newspaper publishing the same. When the >oard of supervisors has selected the lewspapers in which the law shall ba published, it shall be the duty of the ounty auditor to certify such action tq he secretary of state, who shall a.(j ftucq ', urnish to each of saM papery ft popy of tiro , aw, and upon tf\o repelm by We sepra% '' apy of state of a copy of said paper with, n affidavit of the publisher, or business uanager. that the law waa published jn, ach and every copy of said paper an A ertam date (which shall not be later than . days after its receipt from tfte sec- etary of state), the secretary of state hall certify the amount flxed for pay- iunt for the publication of thl« law fa aid paper tp the 8$a.Je auditor, who shall ro,w his warrant jm> phe state treasurer or the sum named! provided, that th« .pn.nuh^cation. pf thisiteWi.W»JW" 1 - ~

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