10 June 1893 § 17. counties to the judges of election at the several voting places so as to be received by them on the Saturday or Monday before the day of election. P. L. 419. How delivered to judges of election. Ibid. Judges shall return receipt. Record of time and manner of sending ballots must be kept, &c. Commissioners to notify judges to call for ballots. 146. The respective judges of election shall on delivery to them of such packages, return receipts therefor to the commissioners, who shall keep a record of the time when and the manner in which the several packages are sent, and shall preserve for the period of one year, the receipts of the said judges of election. 147. The commissioners of any county may, if they prefer, instead of sending the packages to the judges or any number of them in the manner aforesaid, notify the judges of the election districts for which the said commissioners are required to provide ballots, to come to the said commissioners' office on the day before the election, at a time specified, and it shall be the duty of each of the said judges to come to the said office at that time, and there on presentation of his certificate of election as judge, to receive and receipt for one package of ballots, specimen ballots and cards of instruction, for use in his election district. He shall keep the said package sealed and shall be responsible for the safe keeping thereof until the ballots are used at When inspector to the election. In case a judge of the elections is prevented by illness from performperform duties. ing the duties aforesaid, he shall depute one of the inspectors to act in his place. 148. In case the ballots to be furnished to any voting place in accordance with the provisions of this act shall fail for any reason to be duly delivered, or in case after delivery they shall be destroyed or stolen, it shall be the duty of the judge of are lost or stolen. election of such voting place to cause other ballots to be prepared substantially in the form of the ballots so wanting, and upon receipt of such other ballots from him accompanied by a statement under oath that the same have been so prepared and furnished by him, and that the original ballots have so failed to be received, or have been so destroyed or stolen, the election officers shall cause the ballots so substituted to be used in lieu of the ballots wanting as above. Ibid. § 18. When ballots are not delivered or Ibid. 149. It shall be the duty of the county commissioners of each county to mail Specimen ballots complete specimens of the ballots and other necessary papers by registered letter to the judge of elections of each election district, at least four days before the election, to enable him to comply with the directions of this section. to be mailed by registered letter four days before election. 10 June 1893 § 19. P. L. 419. Election room. XIX. Election room or booth. 150. The county commissioners of each county shall provide for each election district therein, at each election, a room large enough to be fitted up with voting shelves and a guard-rail as hereinafter provided. If in any district no such room can be rented or otherwise obtained, the said commissioners shall cause to be constructed for such district a temporary room of adequate size to be used as a voting Compartments to room.(y) They shall also cause all the said rooms to be suitably provided with heat and light, and with a sufficient number of voting shelves or compartments, at or in which voters may conveniently mark their ballots, with a curtain, screen or door at the upper part of the front of each compartment, so that in the marking thereof they may be screened from the observation of others, and a guard-rail shall be so constructed and placed that only such persons as are inside said rail can approach within six feet of the ballot-box and of such voting shelves or compartments. have curtain, screen or door. Construction of guard-rail. Ibid. Arrangement of ballot-box and vot ing booths. Voting booths. Ibid. Persons permitted within rail. Supplies. 19 June 1891 § 20. P. L. 349. Board to decide upon pattern and material of shelves and guard-rails, and fix limit of cost of same. 151. The arrangement shall be such that neither the ballot-box nor the voting booths shall be hidden from view of those just outside the said guard-rail. The number of such voting shelves or compartments shall not be less than one for every seventy-five names on the the assessor's lists; but shall not in any case be less than three for the voters qualified to vote at such voting place. 152. No persons other than the election officers and voters admitted as hereinafter provided, shall be permitted within the said rail, except by authority of the election officers for the purpose of keeping order and enforcing the law. Each voting shelf or compartment shall be kept provided with proper supplies and conveniences for marking the ballots. 153. To provide for the cost of the said shelves or compartments and guardrails in the year one thousand eight hundred and ninety-two, the secretary of the commonwealth, the secretary of internal affairs and the auditor-general shall be and they are hereby constituted a board to decide upon a pattern of the said shelves or compartments, and a pattern of the said guard-rails, and upon the material to be used for them, and such other furniture and apparatus as may be necessary, and to fix a limit of cost of the same per shelf or compartment, and per linear foot of rail, and the said board shall, within two months after the passage of this act, notify the commissioners of the respective counties of the pattern adopted and of the limit of cost, and the said commissioners after they have provided the said shelves or compartments and guard-rails, shall send to the auditor-general of the commonwealth a statement of the voting places in the county, naming them, and of the number of shelves or compartments provided for each according to the pattern adopted, and of the cost of the same not exceeding the limit to be fixed as aforesaid, which statement shall be signed by the said commissioners, verified by the affidavit of one of them, and approved by the (yy) The county commissioners must construct a room elsewhere within the district. Egly v. Armtemporary room where there is no room of adequate strong County Commissioners, 158 P. S. 65. size at the regular polling place; they cannot rent a ELECTIONS. P. L. 849. On receipt of the said statement the auditor-gen- 19 June 1891 § 20. county controller or auditors. eral shall draw warrants upon the treasurer of the commonwealth in favor of the treasurers of the counties from which the said statements shall have been received, Payment of for the sums therein stated to be due, and the state treasurer is hereby directed to expense. pay the said warrants. Ibid. 154. The said shelves or compartments and guard-rails shall thereafter be the property of the respective counties, and no further allowance shall be made Shelves and guardto the counties, by the auditor-general, for providing the same. rails shall be the election purposes 8 May 1876 § 1. P. L. 136. 155. The commissioners of the several counties of this commonwealth are county. hereby authorized and empowered to fix the compensation for lights, rent and fuel for election purposes, in each and every township, borough, ward and election district in the respective counties; which said compensation shall be fixed and Compensation for established at least once every three years, by resolution duly entered upon the to be fixed triminutes of said commissioners; and the said expenses shall be paid by said respec- ennially. tive counties, according to the compensation so ascertained and entered upon said minutes, and not otherwise. XX. Opening of polls-Voting. P. L. 419. break seals. Ibid. § 21. Manner of voting. has established his 156. At the opening of the polls in each voting place the seals of the packages 10 June 1893 § 20. shall be publicly broken and the said package shall be opened by the judge of elections. The cards of instruction shall be immediately posted at or in each Judge on opening voting shelf or compartment provided in accordance with this act for the marking of polls to publicly of the ballots, and not less than three such cards and not less than five specimen ballots shall be immediately posted in or about the voting room outside the guard- tion to be posted. rail; and such cards and specimen ballots shall be given to any voter at his request. 157. Any person desiring to vote shall give his name and residence to one of the election officers in charge of the ballots, who shall thereupon announce the same in a loud and distinct tone of voice, and if such name is found upon the ballot check list by the inspector or clerks in charge thereof, he shall likewise repeat the said name, and the voter shall be allowed to enter the space inclosed by No person to be the guard-rail, unless his right to vote be challenged. No person whose name is admitted within not on the said list or whose right to vote shall be challenged by a qualified citizen, guard-rail until he shall be admitted within said guard-rail until he has established his right to vote right to vote. in the manner now provided by law, and his name, if not on the check lists, shall How ballot to be then be added to both lists. As soon as a voter is admitted within the rail the delivered to voter. election officer having charge of the ballots shall detach a ballot from the stub and Not Only one ballot give it to the said voter, but shall first fold it so that the words printed on the back and outside, as provided in section fifteen of this act, shall be the only wording visible, and no ballot shall be voted unless folded in the same manner. more than one ballot shall be given to a voter except as is provided in section shall be given to a twenty-five of this act. As soon as a voter receives a ballot the letter "B" shall How ballot checkBesides the election be marked against his name on the margin of the ballot check list; but no record list shall be marked. of the number of the ballots shall be made on the said lists. officers and such supervisors as are authorized by the laws of the United States or Number admitted overseers appointed by the courts of this commonwealth, not more than four voters within rail. in excess of the number of voting shelves or compartments provided, shall be allowed in said inclosed space at one time. voter. Ibid. § 22. votes the straight ticket. 158. On receipt of his ballot the voter shall forthwith and without leaving the Preparation of the space inclosed by the guard-rail retire to one of the voting shelves or compart- ballot. ments, and draw the curtain or shut the screen or door, and shall prepare his An x in the circle ballot by marking, if he desires to vote for every candidate of a political party, a political designacross in the circle above the column of such party; if otherwise, he shall mark in Otherwise must the appropriate margin or place a cross (x) opposite the party name or political make an x oppodesignation, or a group of candidates for presidential electors, and opposite the party name, name of the candidate of his choice for each other office to be filled, according to tion, group of canthe number of persons to be voted for by him for each office, or by inserting in didates for electors the blank space provided therefor any name not already on the ballot; (2) and in of each candidate case of a question submitted to the vote of the people, by marking in the appropri- desired to be voted ate margin or place a cross (x) against the answer which he desires to give. In all cases where by existing laws a voter is entitled to cast more than one vote for a against other ansingle candidate, he shall place in the appropriate square, instead of a cross, a num- swers. ber which shall indicate the number of votes to be counted for the candidate whose When voter is enname is so marked.(a) or opposite name for. titled to vote more 159. Before leaving the voting shelf or compartment the voter shall fold his 160. After leaving the voting shelf and before leaving the inclosed space, he (z) This act is not unconstitutional; a name may be inserted by a printed adhesive slip. De Walt v. Bartley, 146 P. S. 529. Ibid. P. L. 419. Numbering of bal lot. 10 June 1893 § 22. without unfolding the ballot number it as required by the constitution of this commonwealth, placing the said number in the right-hand upper corner of the back of the ballot immediately to the left of the folding-line printed thereon and nowhere else, and shall then at once fold the corner at the folding-line and fasten it securely down with the adhesive paste so as to cover the number on the ballot so that it cannot be seen without unfastening or cutting open the part so fastened Voter must mark down, and shall then deposit the ballot in the box. The voter shall mark and deliver his ballot without undue delay and shall quit the inclosed space as soon as his ballot has been deposited: Provided, That if at any time the constitution of this commonwealth shall cease to require ballots to be numbered, no number shall be marked on the ballot, and it shall be deposited in the ballot-box by the voter himself. and deliver ballot promptly. Ibid. § 28. Who shall occupy voting shelf. Length of time in compartment. 161. No voter shall be allowed to occupy a voting shelf or compartment already occupied by another, except when giving the help allowed by section twenty-six of voter may remain this act, nor to remain within said compartment more than three minutes in case all of such compartments are in use, and other voters are waiting to occupy the same. No voter not an election officer shall be allowed to re-enter the inclosed closed space after space after he has once left it, except to give help as hereinafter described. leaving it. No voter allowed to re-enter in Ibid. 162. Each voter's name shall be checked on the voting check list by the officer having charge thereof as soon as he has cast his vote in the manner now provided Checking of name. by law. It shall be the duty of the judge of election to secure the observance of Duty of judge of the provisions of this section, to keep order in the room in which the voting is held and to see that no more persons are admitted within the inclosed space than are allowed by this act. election. Ibid. Who may be allowed in room out side of rail. Ibid. Soliciting of votes not allowed in room. Ibid. Who may vote on 163. Until the polls are closed, no persons shall be allowed in the room outside of the said inclosed space except these watchers, voters not exceeding ten at any one time, who are awaiting their turn to prepare their ballots, and peace officers when necessary for the preservation of the peace. 164. No person when within the voting room shall electioneer or solicit votes for any party or candidate, nor shall any written or printed matter be posted up within the said room except as required by law. 165. When the hour for closing the polls shall arrive, all persons within the the closing of the inclosed space who have received ballots, but have not yet deposited them, shall be required to mark and deposit their ballots forthwith, but no other person shall polls. Ibid. § 24. Lists or memo randum of voters be allowed to vote. 166. No list or memorandum of the names of voters, except such lists as are shall not be made expressly authorized by law, shall be made within the voting room by any person or officer, nor shall any list or memorandum of the numbers marked upon the ballots be made or kept, except such lists as are expressly authorized by law. in voting room. Ibid. Voter may keep his own number, and watchers their poll-books. Ibid. Lists of numbered voters shall be sealed before ballot boxes are opened, Also stubs, unused ballots and ballot check list. Ibid. § 25. No ballots to be re moved from voting Returned ballots. 167. Any voter may make a memorandum of the number of his own ballot, and the watchers may keep their poll-books and challenge-lists. 168. After the closing of the polls and before the ballot-boxes are opened, all the lists of voters upon which the numbers of the ballots are recorded as now required by law, shall be placed in separate sealed covers, properly marked, and the stubs of all the ballots used, together with all unused ballots and the ballot check list, shall also be inclosed in a sealed package, properly designating the voting place, which package shall be sent to the proper office as required by law in the case of the ballots cast, and neither the said package, nor the said lists of voters, shall thereafter be opened except by the return-judges, or in the case of a contest, or upon the order of a court of competent jurisdiction. 169. No person other than the election officers shall take or remove any ballot from the voting place. If any voter inadvertently spoils a ballot he may obtain another upon returning the spoiled one. The ballots thus returned shall be immediately cancelled and at the close of the polls shall be secured in an envelope, sealed and sent to the proper office, as required by law in the case of the ballots cast. 170. If any voter declares to the judge of election that by reason of any disability he desires assistance in the preparation of his ballot, he shall be permitted secure assistance. by the judge of election to select a qualified voter of the election district to aid him in the preparation of his ballot, such preparation being made in the voting compartment.(b) 171. If a voter marks more names than he is entitled to vote for, for an office, if for any reason it is impossible to determine the voter's choice for any office to be filled, his ballot shall not be counted for such office, but the ballot shall be counted for all other offices for which the names of candidates have been properly marked. 172. No ballot without the official indorsement shall, except 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; ballots not marked, or improperly or defectively marked, shall be indorsed as defective, but (b) The voter is the sole judge of his own disability; proof of its falsity. Beaver County Election, 12 C. C. his declaration that he desires assistance in the prep- 227. aration of his ballot cannot be met and overthrown by ELECTIONS. P. L. 419. shall be preserved with the other ballots. If any ballot appears to have been 10 June 1893 § 27. same. XXI. Closing of polls-Counting Vote - Return. P. L. 535. lists of voters, &c., 173. As soon as the election shall be finished, the tickets, list of taxables, one 2 July 1839 § 74. of the lists of voters, the tally-papers and one of the certificates of the oath or affirmation taken and subscribed by the inspectors, judges and clerks, shall all Tickets, list of be carefully collected and deposited in one or more of the ballot-boxes, and such taxables, one of the box or boxes, being closely bound round with tape, shall be sealed by the inspec- to be sealed up in tors and the judge of the election; and together with the remaining ballot-boxes, the boxes. est justice, the shall within one day thereafter be delivered by one of the inspectors, to the Boxes to be denearest justice of the peace, who shall keep such boxes containing the tickets posited with nearand other documents, to answer the call of any persons or tribunal authorized to other list of voters, try the merits of such election; and the other list of voters, tally-papers and &c., to be sealed certificates shall be inclosed by the said inspectors and judge in a sealed cover, to prothonotary. directed to the prothonotary of the court of common pleas of the county, and shall by some one of them be delivered into his office, within three days thereafter, where the same shall be filed.(c) up and delivered P. L. 37. 174. As soon as the polls shall close, the officers of election shall proceed to 30 Jan. 1874 § 18. count all the votes cast for each candidate voted for, and make a full return of the same, in triplicate, with a return-sheet in addition, in all of which the votes Votes to be received by each candidate shall be given, after his or her name, first in words, counted. and again in figures, and shall be signed by all of said officers and certified by overseers, if any, or if not so certified, the overseers and any officer refusing to sign or certify, or either of them, shall write upon each of the returns his or their The vote, as soon as counted, shall and publicly dereasons for not signing or certifying them. also be publicly and fully declared from the window, to the citizens present, and a clared. brief statement, showing the votes received by each candidate, shall be made and signed by the election officers, as soon as the vote is counted, and the same shall be immediately posted up on the door of the election house, for information of the public. The triplicate returns shall be inclosed in envelopes, and be sealed in Returns. presence of the officers, and one envelope, with the unsealed return-sheet, given to the judge, which shall contain one list of voters, tally-paper, and oaths of officers, and another of said envelopes shall be given to the minority inspector. All judges living within twelve miles of the prothonotary's office, or within twentyfour miles, if their residence be in a town, village or city upon the line of a railroad leading to the county seat, shall, before two o'clock post meridian of the day after the election, and all other judges shall, before twelve o'clock meridian of the second day after the election, deliver said return, together with return-sheet, to the prothonotary of the court of common pleas of the county; which said return- When to be filed. sheet shall be filed, and the day and hour of filing marked thereon, and shall be preserved by the prothonotary for public inspection. (c) elections. 175. Nothing in this act shall require the returns of election of township or Returns of townborough officers to be made to the court as directed in this section; but all returns ship and borough of the election of township and borough officers shall be inclosed in a sealed cover, directed to the prothonotary of the court of common pleas of the proper county, (d) and shall, by some one of them, be delivered into his office, within three days after every such election, and filed therein.(c) P. L. 419. in voting room Unused ballots to 176. After the polls are closed the election officers only shall remain in the vot- 10 June 1898 § 28. ing room within the guard-rail, and shall there at once proceed to count the votes. Such counting shall not be adjourned or postponed until it shall have been fully Who shall remain completed. A record shall first be made of the number of the last ballot cast; the within guard rail officers in charge of the voting check list shall, in the presence of the other officers after closing of and watchers, count in a distinct and audible voice the names checked on the said polls. list and announce the whole number thereof, and the lists of voters, the stubs of Counting of votes. ballots used, and all unused ballots shall then be sealed up as required by section be sealed up. twenty-five of this act. The ballot-box shall then be opened by the inspectors, the Ballot-boxes to be ballots taken therefrom and audibly counted one by one by them, and when the opened and votes count is completed the whole number of ballots cast shall be announced, and counted. the counting of the number of votes received by each person voted for shall then judge to read balproceed. The judge, in the presence of the inspectors, shall read aloud the name Clerks to keep or names marked or inserted upon each ballot, and the answers marked thereon to tally. inspector to have It pen, pencil or the questions submitted, if any, and the clerks shall each carefully enter each vote Neither judge nor as read, and keep account of the same on tally-papers prepared for the purpose. shall be unlawful for either judge or inspector, while counting the ballots or the stamp. (c) These sections, except as to the return, are supplied by the act 10 June 1893, § 28, P. L. 419, infra. lots. (d) By act 13 February 1874, § 2, P. L. 44, such returns are to be made to the clerk of the court of quarter sessions. 10 June 1893 § 28. votes thereon, to have in his hand any pen, pencil, or stamp for marking ballots.(e) P. L. 419. Ibid. Ballots to be kept in view. Full return and public announce ment. Ibid. § 36. 177. All ballots after being removed from the box shall be kept within the unobstructed view of those present in the voting room, so that they may be able to see all the marks on each ballot, but out of their reach until they are placed in the ballot-box as required by law. A full return shall be made in the manner now provided by law of all votes cast, and the total vote, as soon as counted, shall be publicly announced. 178. All laws and parts of laws inconsistent herewith, shall be and the same are Repealing clause. hereby repealed. 1 May 1861 § 11. P. L. 577. Philadelphia. XXII. Ballot-boxes. 179. The commissioners for the city of Philadelphia shall provide a fire-proof room or vault in the public buildings of the said city, or some other suitable place, Fire-proof built in at which the judge of the elections, after the closing of the polls and the requirements of the law have been complied with, shall forthwith there deliver to the mayor and recorder (g) of the city of Philadelphia the said ballot-boxes; the said room or vault shall not be accessible to any other person than the mayor and recorder aforesaid, who shall be present and receive at the said room or vault the ballot-boxes from the return-inspectors as aforesaid. The mayor and recorder aforesaid shall not take or open, (h) or permit to be taken or opened, any ballot-box deposited as aforesaid for the space of one year after the same has been therein deposited, except when they shall be called upon by some court or other tribunal authorized to try the merits of such election; and after such trial or investigation it shall be the duty of the mayor and recorder aforesaid to have said box or boxes returned and deposited as aforesaid. 30 Jan. 1874 § 13. P. L. 38. boxes. 180. Whenever a place has been or shall be provided by the authorities of any city, county, township or borough, for the safe keeping of the ballot-boxes, the Deposit of ballot judge and minority inspector shall, after the election shall be finished, and the ballot box or boxes containing the tickets, list of voters and other papers have been securely bound with tape and sealed, and the signatures of the judge and inspectors affixed thereto, forthwith deliver the same, together with the remaining boxes, to the mayor and recorder of such city, or in counties, townships or boroughs, to such person or persons as the court of common pleas of the proper county may designate, at the place provided as aforesaid, who shall then deposit the said boxes and keep the same to answer the call of any court or tribunal authorized to try the merits of such election. Whenever the election officers of any election district shall require the election boxes of such district to hold any election which by law they are or shall be required to hold, they shall keep the same securely in their possession, without opening, until the morning of such election, and until they shall severally be sworn or affirmed not to disclose how any elector shall have voted, and, after being so sworn or affirmed, they shall open the said boxes and burn and totally destroy all the ballots and other papers which they shall find therein before proceeding to hold such election. 30 Jan. 1874 § 4. P. L. 33. 181. On the petition of five or more citizens of any election district, setting forth that the appointment of overseers is a reasonable precaution to secure the Overseers of elec- purity and fairness of the election in said district, it shall be the duty of the tion may be ap- court of common pleas of the proper county, all the law judges of the said court, pointed. able to act at the time, concurring, to appoint two judicious, sober and intelligent citizens of the said district, belonging to different political parties, overseers of election to supervise the proceedings of election officers thereof, and to make report Their powers and of the same as they may be required by such court. Said overseers shall be persons qualified to serve upon election boards, and shall have the right to be present with the officers of such election, during the whole time the same is held, the votes counted, and the returns made out and signed by the election officers; to keep a list of voters, if they see proper; to challenge any person offering to vote, and interrogate him and his witnesses, under oath, in regard to his right of suf duties. (e) The legality of the ballots must be determined and received or rejected upon evidence, when the same are about to be counted. Common Councilman of Twentieth Ward, 13 C. C. 609. (g) Upon the office of recorder being abolished, his key to the vaults was, by order of court, delivered to the prothonotary of the court of common pleas. (h) The court will not, on a general request, order the ballot-boxes to be recounted, without some specific charges of fraud or mistake. Kneass's Case, 2 Pars. 553; Thompson v. Ewing, 1 Brewst. 67. Nor unless a sufficient number of illegal votes be proved to change the result. Daly v. Petroff, 10 Phila. 389; Glazer v. Merringer, 12 L. Bar, 61; McCullough's Case, Ibid. 184. Nor where the case is submitted to the court on an agreed statement of the facts, which contains no allegation that an examination of the ballots will change the result. Courtright v. Broderick, 11 W. N. C. 393. Nor until the evidence is closed and the illegality of the votes proved; nor then, unless the result will be changed by such illegal votes. Ex parte McCullough, 34 L. I. 28. Election in Fifth District, 1 W. N. C. 125. Where the petitioners allege fraud, mistake and irregularities in the returns, and support such allegations with evidence, the court will order the opening of the ballot-boxes, and a recount of the ballots. Common Councilman of Twentieth Ward, 13 C. C. 609. |