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ELECTION DISTRICTS.

Not to exceed four hundred voters.

When districts to be divided.

Maps of each district to be

made and posted.

Districts in unorganized counties.

Governor to publish list of all districts so established.

SEC. 2. Every organized township, every incorporated village which is now a separate election district, and every ward of each incorporated city, shall form at least one (1) election district; but no election district in any incorporated city or village shall contain more than four hundred (400) voters, and whenever any such election district is found by the number of votes there cast at any election to contain more than four hundred (400) voters, it shall be the duty of the supervisors of the town or the common council, village, borough or municipal corporation of the city or village, to cause such district, at least six (6) weeks before the next ensuing general town or city election, to be divided into two (2) or more districts, each containing as nearly as may be an equal number of voters. When any ward shall be divided into two (2) or more districts in an incorporated city, the common council, village, borough or municipal corporation shall publish the same by making a map or description of such division, defining it by known boundaries, and keeping such map or description open for public inspection in the office of the clerk of such city, and also by posting up copies of each map or description in at least ten (10) of the most public places in every district of such ward; and the common council, village, borough or municipal corporation shall also, prior to the next election, furnish copies of such map or description to the judges of election in each district of such ward.

SEC. 3. Whenever any number of voters not less than eight (8), residing in an unorganized or partially organized county, shall, at least eight (8) weeks before any general and six (6) weeks before any special election, petition the governor to establish a new election district, designating the boundaries of the same, which shall not be within five (5) miles of the polling place of any existing district, it shall be the duty of the governor, and he is hereby authorized, to cause to be established such district, and shall select from the names of the petitioners or others three (3) persons, who shall be judges of election therein; Provided, That not more than two (2) of the judges so appointed shall belong to the same political party; such districts to be established at such place or places as the petitioners may require. The governor shall, within at least six (6) weeks before a general election, and within four (4) weeks before a special election, publish in some newspaper published in the state a list of all election districts by him so established, and the place where the elections are to be held, and the names of the judges of election.

JUDGES OF ELECTION.

The

tion.

tion.

elections.

Division of

election districts.

townships into

SEC. 4. The township supervisors of each township are the judges of election, and the town clerk of each township shall act as one (1) of the clerks of election in their respective election districts, and the judges of election shall Judges of elecappoint an additional clerk of election, who shall be of an opposite political party (if practicable) to the town clerk. The city council of all incorporated cities, and municipal council of all incorporated villages, which constitute one (1) or more separate election districts, shall, at least twentyfive (25) days before any election, appoint three (3) qualified electors of each election district of said city or village, who shall be judges of election in their election districts, Clerks of eleerespectively, and who shall appoint two (2) qualified electors of their election districts as clerks of election. election shall be held in such election district at the place Place of holding where the last preceding election was held, except as hereinafter provided; but, if in any town a vote is taken to hold it elsewhere, the next ensuing election shall be held at the place designated by such vote. The city council of every incorporated city shall, by ordinance or resolution, appoint the place of holding the election in each election district in said city; and when in any township having over four hundred (400) electors the supervisors divide the same into two (2) or more election districts, they shall designate the boundaries thereof, and thereafter there shall be elected, at the annual town meeting of such township, three (3) judges of election and two (2) clerks of election in each district, and the place of holding said election in each district shall be designated by said town meeting, or, in default of such designation, shall be appointed by the judges of election thereof, in which case they shall make such designation at least twenty (20) days before election, and give notice thereof by posting proper notices in three (3) public places in the township. In case the supervisors divide the township into districts, as herein provided, and no town meeting is thereafter held, prior to the election, then the supervisors shall, twenty-five (25) days before election, appoint the judges and clerks for that election, and shall not themselves act. No more than two (2) judges and one (1) clerk of election, except where town supervisors and town clerks so act, shall belong to the same political party. No person shall be eligible as judge or clerk of election unless he be qualified voter within the election district in which he sits, nor unless he can read, write and speak the English language understandingly. SEC. 5. At least thirty (30) days before any election, the local city or village committees of the several parties participating at the last preceding election may furnish to the city council, or other appointing authorities, a list

Political affiliations of judges

and clerks.

List of names for judges of

election by different political

parties."

Selecting judges

cal lists.

of qualified electors for the various election districts to act as judges of election, which lists shall be certified to by the several secretaries of such committees. Said judges of election shall be selected from the lists so submitted in the following manner:

One (1) for each election district from each of said lists so from the politi- recommended by the said different parties; the first to be selected from the list submitted by the party polling the largest number of votes in said city or village at the last preceding general election; the second from the list submitted by the party polling the second largest number of votes at the last preceding general election; the third from the list submitted by the party polling the third largest number of votes at the last preceding general election; and in case there are not three (3) lists submitted to such council, or other appointing authorities, then said council, or other appointing authorities, shall select one from each list submitted as above provided, and said council or other appointing authorities shall themselves select the remaining judge or judges, but in no case shall more than two (2) of such judges belong to the same political party.

Notices of officials to be elected.

Posting of notice and hours of voting.

Failure of

judges or clerks of election to act -manner of selection.

SEC. 6. The secretary of state shall, between the first days of July and September in each year, direct and cause to be delivered to the auditor of each county a notice specifying all the officers in said county whose term of office will expire on the first Monday of January next succeeding, and specifying, also, the several officers to be chosen in such county at the next general election. The auditor to whom such notice is delivered shall, upon the receipt thereof, cause a like notice to be sent to each town, city and village clerk in his county. Every township, city and village clerk, at least fifteen (15) days before the holding of any general election, and twenty (20) days before the holding of any special election, shall give public notice of the time and place of holding such election by posting in three (3) public places in every election district three (3) notices containing a list of the officers to be elected at such election, one (1) of which notices shall be posted up at the place of holding the election. Said notices shall contain, also, the hours during which the polls will be open. Provided, That no failure of clerk to give such notice aforesaid shall invalidate an election.

SEC. 7. If either of the judges of election of any election district in the state shall fail to attend at the time and place appointed for correcting the lists of registers, or holding an election, or if either of said judges be a candidate at such election, or refuse to act as judge, the qualified electors of such election district present shall elect viva voce some qualified elector of said election district, of the same political party as the judge so absent, to act as judge instead of such judges absent, disqualified or refusing to act; and if any clerk of election be absent,

disqualified or refuse to act, the judges of election shall appoint some qualified elector of the same political party as the clerk so absent, disqualified or refusing to act, in place of such clerk; and before any judge or clerk of election enters upon the discharge of the duties imposed upon him by this chapter, he shall take and subscribe to the following oath, to-wit:

"I, A. B., [judge or clerk of election, as the case may be] do solemnly swear [or affirm] that I will perform the duties of judge [or clerk] of election [as the case may be] according to law and the best of my ability, and will studiously endeavor to prevent fraud, deceit and abuse in conducting this election, so help me God;" which said oath, so taken, subscribed and certified, shall be affixed to the said list or register provided for in sections eight (8) and eleven (11) of this act. If there be no person present authorized to administer oaths, then the judges of election may administer to each other, and to clerks, the oath provided.

REGISTRATION IN TOWNS AND VILLAGES, AND IN CITIES
CONTAINING LESS THAN 12,000 INHABITANTS.

SEC. 8. The judges of election in each election district throughout the state (except in cities having over twelve thousand (12,000) inhabitants), at least twenty (20) days before any election, shall make a list or register of the names of all persons who are entitled to vote in their respective districts at such election, which list shall contain the surnames of such persons in their alphabetical order, and their places of residence. Three copies of said list shall, at least ten (10) days before such election, be posted in each election district, together with a notice of the time and place when and where the judges of election will be present for the purpose of making corrections in said list. The judges of election, on the Tuesday next preceding election, from the hour of nine (9) in the morning until the hour of four (4) in the afternoon of said day, and in cities containing a population of over two thousand (2,000) inhabitants and upwards, on Tuesday two (2) weeks preceding the election, and on the Tuesday next preceding such election, from nine (9) o'clock in the forenoon until nine (9) o'clock in the evening of said days, shall be pres ent at the place appointed for the holding of such election in their respective election districts for the purpose of making such corrections in said list or register. In making such corrections said judges of election shall enter upon such lists the additional names of all persons properly shown to be entitled to vote in that election district at such election, and erase from said list or register the names of

Oath of judges and clerks.

Register of names 20 days

before election.

Must be posted 10 days before

election.

Correction of before election.

list one week

In cities of over 2,000 inhabimust meet two

tants judges

weeks before election.

Judges to consult last poll

lists used.

Judges to sign names after each day's register.

Electors not on register-man

their votes.

all persons properly shown not to be entitled to vote in that district at such election. The said judges, on first making out said list, shall consult the poll lists used at the last preceding general election in their election district, and shall place in said list or register the names of persons whom they know, or can with reasonable diligence ascertain, to be entitled to vote at such election in their respective election districts. The register shall be corrected, certified to and filed at the close of registry day, as provided for in sections thirteen (13), fourteen (14) and fifteen (15) of this act, and in cities the judges may require the oath specified in section thirteen (13), but otherwise the provisions of such sections shall not apply. At such election no person shall vote whose name is not upon said list or register at the time of opening the polls; Provided, That if any person offering to vote, whose name is not upon ner of receiving said list or register, can produce evidence which satisfies a majority of the judges that he has the qualifications of an elector in said district, and is entitled to vote at such election, but whose name has been omitted from said list or register, then the name of such person shall be added to the lists or registers, and he shall be allowed to vote; and shall not, unless the judges require it, be obliged to make the oath or produce the evidence provided by section sixty (60) of this act. But if required by the judges he shall do so; nor shall the vote of any person be rejected whose name is upon said list at the time of opening the polls; Provided, That if evidence satisfying a majority of the judges be produced showing that the name was registered by mistake, and that the person so offering to vote has not the qualifications of an elector in said district, and is not entitled to vote at such election, then the name of such person shall be stricken from said list, and he shall not be allowed to vote; but in all such cases an entry shall be made opposite to each name added to or stricken from said lists or registers after the opening of the polls, and Two registers or the judges of election shall make, or cause to be made, a

If oath required, see section 60.

Challenging names on the register.

lists at every

election.

Determining residence of qualified electors.

duplicate of such lists or registers, so that there shall be two (2) registers or lists at every election. The population of the various grades of cities shall be determined by the last officially promulgated state or national census.

SEC. 9. The judges of election in all election districts throughout the state, in determining the residence of any person for the purpose of ascertaining who are qualified electors, shall be governed by the following rules, so far as they are applicable:

First-The place shall be considered and held to be the residence of a person in which his habitation is fixed, without any present intention of removing therefrom, and to which, whenever he is absent, he has the intention of returning.

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