Persons in the voting room.

Exit to and entrance from room.

marking bal

lots.

ballots, the place where they sit and the portion of the room where the compartments are constructed shall be separated from the rest of the room by a railing so constructed as to leave a space of at least six (6) feet in front of the compartments and ballot boxes.

SEC. 46. No person or persons shall be allowed in the room containing the ballot boxes; or in case the ballot boxes and compartments are in the same room, no person or persons shall be allowed to go or remain inside the railing mentioned in the preceding section, except members of the board, officers of the peace, one (1) representative for each of the parties represented on the ticket, and electors who are about to vote, except as provided in section fiftyseven (57).

The judges of election and ballot boxes shall at all times be in public view. The number of electors about to vote who shall be admitted at one time shall in no case exceed the number of compartments by more than three (3).

SEC. 47. The judges of election may make such arrangements for entrance to and exit from the room or place where the ballot boxes and compartments are situated, as to them may seem the most advantageous and convenient, Time of voter in providing they disregard none of the foregoing requirements. They may also make such regulations as they deem proper, limiting the time in which an elector may remain in the polling room or place while receiving, preparing and voting his ballot; and such limitation, however, shall not be less than three (3) nor more than ten (10) minutes, unless the delay is occasioned by the elector's vote being challenged, or is the fault of the judges.

Who may be challengers.

Privileges of electors.

Duties as to receiving votes.

Two judges to write initials on ballots.

SEC. 48. The judges of election shall allow one (1) eligible voter of each political party casting one (1) per cent of the entire vote at the preceding election in that district, to be chosen by each of said parties respectively, to be in the room where the election is held, to act as challengers of voters at the election, and such challengers may remain with the board until the votes are all canvassed and the result declared.

SEC. 49. All electors shall be allowed to go unmolested to the polling room for the purpose of voting, and to return therefrom in the same manner, but neither voters nor others shall be allowed to congregate in any numbers within one hundred (100) feet of the polling room in any election district.

SEC. 50. One of the judges of election shall have charge of and hand to and receive the ballot or ballots from each elector voting. The other two (2) judges shall use and handle the two (2) registers delivered to the judges, as before specified, each using one (1), and shall make the use of them as hereinafter specified.

SEC. 51. Two (2) judges of opposite political parties shall, before the voting begins, or as soon thereafter as

possible, place their initials on the backs of all the ballots they have, in some uniform place and in a uniform manner, and shall not otherwise mark the same.

SEC. 52. Method of Voting. - When an elector presents Method of vothimself for the purpose of voting, he shall give his name ing. and residence, with street and number, if any, and

be first ascertained that his name is on both the registers, and not erased; that the residence given by the elector corresponds with the residence of such registers, and if challenged, as provided in section fifty-eight (58), that he is entitled to vote. Then the judge having charge of the ballots shall tear from the blocks a ballot of each kind that is to be voted, having the proper initials thereon, and hand the same to the voter, who shall retire alone to one of the booths or compartments above mentioned, and there prepare the ballot or ballots by placing a cross (X) mark opposite the name of each candidate for whom he wishes to vote, in the blank space at the right hand margin provided for that purpose.

sight.

He shall then fold the ballots so that the face of the balFolding ballot lot will be concealed, but so that the proper initials may with initials in be seen upon the back, and coming from the compartment shall hand the same to the judge having charge of the ballots, who shall, without opening the same or permitting the same to be opened or examined, deposit the same in the proper boxes, indicated by the color thereof, and shall announce the name and residence of the elector in an audible voice. The judges having charge of the registers shall then, in a column prepared thereon, in the same line with the voter's name, mark "voted" or the letter "V."

The elector shall then retire from the voting room.

SEC. 53. If any elector, after having marked his ballot, shows it to any one, except as hereinafter provided, the judge of election shall refuse to receive or place in the ballot box such ticket.

Elector must not show his

ballot.

Two or more

marked for

SEC. 54. If the elector place a cross (X) mark opposite the name of two (2) or more persons running for the same candidates office, said ballot shall not be counted for those officers, same office, vote but shall be, as to those officers, null and void. If is lost. any elector inadvertently spoils a ballot, he may ob- Spoiled ballots tain another from the board by returning the spoiled returned to judges. ballot to the board, and the board shall preserve said ballot for return to the county auditor, clerk or recorder, as the character of the ballot may indicate.

SEC. 55. The judge having charge of the ballots in the voting room shall not tear them off from the block upon which they are bound, except as they are required by the electors for voting, and the judges shall preserve the unused ballots, together with the ballots that have been spoiled, and return the white and blue ballots to the County auditor, and the red ballots to the city clerk or

Ballots spoiled accounted for.

and unused to

Ballot not to be distributed ex

about to vote.

recorder, with a statement of the number of ballots used, and the county auditor and the city clerk or recorder shall respectively give the judges of election receipts therefor. SEC. 56. No official ballot shall be distributed except in cept to electors the voting room to electors about to vote, and no ballot which has not the initials of two (2) judges of election, in said judges' own handwriting, on the back thereof, shall be placed in the box. If any person, during the day of election and until the closing of the polls, remove from the polling room any of the ballots printed for that election, said person shall be guilty of a misdemeanor, and shall be punished by a fine not exceeding one hundred (100) dollars, imprisonment not exceeding six (6) months, or both. Voters may be allowed to carry with them to the booths sample ballots for use in assisting them in marking the official ballots, but the same shall not be printed on red, white or blue paper, and it shall be a misdemeanor to print or distribute sample ballots printed upon such paper; Provided, however, That sample ballots may be printed in newspapers as matter of news.

Sample ballots

may be used to

aid in marking.

Electors who

cannot read English.

SEC. 57. Whenever any elector shall make oath that he cannot read English, or that because of physical disability he cannot mark his ballot, he shall have the right to call to his aid one or more of the judges of election, or a qualified elector, who may read the ballot to and mark the ballot for such voter, in the presence of two (2) of the judges of election, of opposite political party; Provided, three ballots at That no one person shall so mark the ballots of more than three (3) such electors in any one election district at one election; and Provided further, That such person shall mark the ballot of such voter as directed by such voter, and not otherwise.

No person can

mark more than

one election.

Oath by challenged elector.

Examination by judges.

SEC. 58. Challenge of Voters. -At any time before any registered person presenting himself to vote receives the ballots from the judge of election, as herein before provided, each judge of election shall, and any other person in the voting room may, challenge the person about to vote at the election whom he knows or suspects to be not duly qualified as an elector.

If any such person so offering to vote at any election shall be challenged as to his right to vote at the election, by judge or other person, one of the judges shall tender him the following vote:

"You do solemnly swear [or affirm] that you will fully and truly answer all such questions as shall be put to you touching your place of residence and qualifications as an elector at this election."

The judges, or one of them, shall then proceed to question the person challenged regarding his name, his age, his then place of residence, how long he has resided in the town, ward or election district where the vote is offered; where was his last place of residence, before he came to

the town or ward; as to his citizenship, whether a native or naturalized citizen, and if the latter, when, where and what court, and before what officer he was naturalized; whether he came into the town or ward for the purpose of voting at that election, and how long he contemplates residing in the town or ward, and such other questions as tend to test his qualifications as a resident in the town or ward, and his right to vote at the polls.

SEC. 59. If the person so challenged refuse to answer the questions that are put to him, as aforesaid, the judges shall refuse to insert his name in the poll lists, and he shall not be allowed to vote.

SEC. 60. If the challenge is not withdrawn after the person so offering to vote has answered the questions put to him as aforesaid, one of the judges of election shall tender him the following oath: "You do swear [or affirm] that you are a citizen of the United States, or that you have declared your intention to become such citizen comformably to the laws of the United States on the subject of naturalization; that you are twenty-one (21) years of age, and have been a resident of the United States for one year and an inhabitant of this state for four (4) months imme iately preceding this election, and a natural resident of this election district for ten (10) days immediately preceding this election; that you have not voted at this election, and are a qualified voter in this election district."

Upon taking such oath such person shall be allowed to vote; Provided, That if it appear that the name of the person offering to vote has been registered and erased as in this act before specified, he shall not be allowed to vote, unless in addition to the above oaths he produces a person known to a majority of the judges, who makes and subscribes an oath before one of them, in their presence, as to the identity of the person so offering to vote, and as to his place of residence. Having done so, he shall be allowed to vote.

Refusal to an

swer, vote shall

not be received.

Oath if chal

lenge is not

withdrawn.

If name has

been erased from register,

voter must pro

duce a known person to make

affidavit.

Refusal to take

debars the voter.

SEC. 61. If any person refuse to take any of the oaths so tendered, or in the case so provided shall refuse to pro- any of the oaths duce the person to swear to his identity and residence, then his name shall not be inserted in the poll list, and he shall not be allowed to vote.

Clerks to keep a

SEC. 62. Poll Lists. Each clerk of the polls shall make a poll list, which shall contain one (1) column headed poll list. "Number," one (1) column headed "Residence," one (1) column headed "Names of voters," and as many additional columns as there are boxes kept at the election. The heading of each additional column shall correspond with the name of one of the boxes so kept, viz.: white, blue and red.

SEC. 63. The name of each elector voting shall be en- Entering names tered by each clerk in the column of his poll list headed in poll list. "Names of voters," the place of residence of each voter so

Residence of elector to be

given on voting.

Filing of poll lists and regis

ters.

Printed instructions to be posted.

Closing the polls.

voting in the column headed "Residence," and when there shall be more than one box kept, opposite such name shall be written the figure one (1) in every remaining column of such poll list corresponding in heading with the name of each box in which a vote of the elector shall be deposited. In the column headed "Number," the clerk shall write consecutively the number of each person voting, the first vote being numbered one (1). Said clerk shall enter in a column opposite the name of each person not registered the words Not registered," and if any vote is sworn in, such fact shall be noted.

SEC. 64. Every elector, at the time of offering his vote, shall truly state the name of the street in which he resides, and if the house, lodging or tenement where he resides is numbered, the number thereof. In case of his refusal to make the statement aforesaid the vote of the elector shall not be received.

SEC. 65. After the canvass of the votes one (1) of said poll lists and registers so kept and checked as aforesaid shall be attached together, and on the following day shall be filed in the office of the city, town or village clerk; the other of said poll lists and registers and poll books so kept and checked shall be returned to the office of the county auditor in said district at the time the returns of the election are made. The register shall at all times be open to public inspection at the office of the authorities in which they shall be deposited without charge.

SEC. 66. Printed Instructions.— Uniform printed instructions to voters, printed in large type upon cards, shall be furnished by the secretary of the state to the county auditor of each county, containing any information that will enable the voters to quickly make and correctly designate their choice; also containing any proposed amendment to the constitution or other question to be submitted to the electors; and the county auditor shall furnish such cards to the city, village or township clerks in the county.

Such clerks shall furnish such cards to each polling place, one (1) of which shall be hung in each department, two (2) in the polling room and two (2) on the outside of the building in which the voting takes place. Whenever the county auditor of any county notifies the secretary of state that the printed instructions are also needed in a foreign language or languages, and such foreign language is stated, then it shall be the duty of the secretary of state to furnish such printed instructions in such foreign language or languages.

SEC. 67. Closing Polls, Counting, etc.- -As soon as the polls are finally closed, of which closing proclamation shall be made by one of the judges thirty (30) minutes previous thereto, the judges shall proceed to canvass the votes taken at such election, and the said canvass shall be public and continued without intermission until complete and the re