election. shall be allowed to re-enter said enclosed space during said CHAP. 102 of this section. If voter spoils a ballot, he may obtain others, not exceeding SECT. 25. No person shall take or remove any ballot from the polling place before the close of the polls. If any voter spoils a ballot he may successively obtain others, one at three. a time, not exceeding three in all, upon returning each spoiled The ballots thus returned shall be immediately canceled, one. and together with those not distributed to the voters, shall 1893-267 be preserved and with the check lists used, which shall be' certified by the ballot clerks, to be such, shall be secured, sealed, and sent to the several city, town and plantation 'clerks. SECT. 26. Any voter who declares to the presiding elec- Yeter, unle tion officer that he cannot read his ballot, or that by blindness from any cause 1893-267 or other physical disability he is unable to mark his ballot, election officer. If it is be counted. SECT. 27. If a voter marks more names for any one office than there are persons to be elected to such office, or if for any reason it is impossible to determine the voter's choice for ballot shall not an office to be filled, his ballot shall not be counted for such office. No ballot without the official endorsement 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 counted shall be marked defective on the back thereof, and shall be preserved, as required by section twenty-five. SECT. 28. Meetings for the election of national, state, county and municipal officers may be opened as early as eight o'clock in the forenoon, and in no case shall the polls be kept open later than five o'clock in the afternoon, and notice of the time of opening and closing shall be given in the warrant calling the meeting. When meetings may be opened, and when polls shall be closed. CHAP. 102 Voter allows his ballot to be seen, or makes false statement mark ballot, or for interfering with voter when SECT. 29. A voter who shall, except as herein otherwiseprovided, allow his ballot to be seen by any person with an apparent intention of letting it be known how he is about to as to inability to vote, or who shall make a false statement as to his inability, to mark his ballot, or any person who shall interfere, or marking ballot. attempt to interfere with any voter when inside said enclosed space, or when marking his ballot, or who shall endeavor to induce any voter before voting to show how he marks or has marked his ballot, shall be punished by fine of not less than five dollars, nor more than one hundred dollars; and election officers shall report any person so doing to a police officer or constable, whose duty it shall be to see that the offender is duly brought before the proper court. Penalty for destroying cards of instruction, or specimen ballots posted for instruction. SECT. 30. Any person who shall, prior to an election, nomination lists, willfully deface or destroy 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 or posted for the instruction of voters, or who shall, during an election, willfully remove or destroy any of the supplies or conveniences furnished to enable a voter to prepare his ballot, or shall willfully hinder the voting of others, shall be punished by fine of not less than five dollars nor more than one hundred dollars. Penalty for destroying any nomination paper or letter of withdrawal; or falsely filing same, etc. Penalty, if public officer imposed by this act. SECT. 31. Any person who shall falsely make or willfully deface or destroy any certificate of nomination or nomination paper, or any part thereof or any letter of withdrawal; or file any certificate of nomination or nomination paper, or letter of withdrawal, knowing the same or any part thereof to be falsely made; or suppress any certificate of nomination or nomination paper, or any part thereof which has been duly filed; or forge or falsely make the official endorsement onany ballot; or willfully destroy or deface any ballot, or willfully delay the delivery of any ballots, or shall take or remove any ballot outside of the inclosure provided for voting before the close of the polls, shall be punished by fine not exceeding one thousand dollars, or by imprisonment in the jail not more than one year, or by both such fine and imprisonment. SECT. 32. Any public officer upon whom a duty is imposed neglect any duty by this act, who shall willfully neglect to perform such duty, or who shall willfully perform it in such a way as to hinder the objects of this act, shall be punished by a fine of not less than five, nor more than one thousand dollars, or by imprison ment in jail for not more than one year, or by both such fine CHAP. 103 Chapter 103. /893-167 An Act to create a Board of State Assessors. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. A board of state assessors shall be chosen biennially by the legislature by joint ballot of the senators and representatives in convention, consisting of three members, not more than two of whom shall be taken from the same political party, who shall take and subscribe the oath provided by the constitution of this state, and hold their offices as provided in the following section. State Board of Assessors shall be chosen. SECT. 2. The term of office of said assessors under said Tenure. est time to serve shall be chairman of the board. Said state -chairman. ors thereafter elected shall hold office for the term of six years each, excepting elections made to fill unexpired terms. SECT. 3. Said board of state assessors shall have power to Powers. Comet summon before them and examine on oath any town assessor or other officer or person whose testimony they shall deem necessary in the proper discharge of their duties, and may/893-201 require such witnesses to bring with them, for examination, Each transact SECT. 4. Any two of said board shall have authority to Any two may transact all business appertaining to their office, but all three must be duly notified of each and every meeting for the transaction of business. In case of the death, resignation, -vacancies, CHAP. 103 refusal, or inability to serve of any one or more of said board, the governor, with advice and consent of the council, shall, as soon as may be, fill such vacancy by appointment, and the assessor so appointed shall hold said office until his successor is elected by the next legislature and qualified. Said board where meetings shall hold a meeting at the state capitol on the first Tuesday of each month. -when and shall be held. Shall furnish town assessors Shall assess Report annually Shall equalize Shall hold sessions in every 1893-167 SECT. 5. Said state assessors shall seasonably furnish to the town assessors, blanks on which to return the aggregates required by section fifteen, and shall have the required oath printed thereon. SECT. 6. Said state assessors shall do and perform all the acts and duties now required by law to be done by the governor and council relating to the assessing and taxing of railroad corporations, and associations, and all corporations, companies or persons doing telegraph, telephone or express business within the state, and shall assess all taxes upon corporate franchises. SECT. 7. The state assessors shall annually, before the first day of December, make a report to the governor and council of their proceedings and shall include therein a tabular statement of all statistics derived from returns from local assessors, with schedules of all corporations on which state taxes were assessed during the year, and for the years in which they shall equalize the valuation of the state, their report shall include tabular statements of the state valuation by towns. SECT. 8. Said state assessors shall constitute a state board of equalization, whose duty it shall be to equalize the state tax among the several towns and unorganized townships, according to their several valuations, to fix the valuation of real and personal estate on which the state and county taxes shall be levied in each town and unorganized townships; and to perform the duties heretofore devolving upon the legislature in the apportioning of the state taxes among the several towns of the state. SECT. 9. Said state assessors shall visit officially every county in the state at least once in two years, and shall there sit at such times and places as they may deem necessary to secure information to enable them to make a just and equal assessment of the valuation of the taxable property in any place therein and to investigate charges of concealment of property liable to assessment. -notice Said assessors shall give such CHAP. 103 public notice of their sessions as they may deem proper, and of shall receive for such official visits, in addition to their salaries, the amount by them actually paid for traveling expenses, traveling said expenses to be allowed by the governor and council on properly itemized accounts. SECT. 10. Said state assessors shall be provided with suitable rooms in the state house, and shall be furnished by the secretary of state with necessary books, blanks, stationery, expenses shall Rooms, books, stationery, etc., shall be furnished. printing, notices and summonses, and may employ such/873-263 clerical assistance as they shall deem necessary, at an expense not exceeding six hundred dollars per annum. SECT. 11. A statement of the amount of the assessed valuation for each town, township and lot or parcel of land not included in any township, after adjustment as provided by section thirteen, the aggregate amount for each county, and for the entire state as fixed by the board of equalization, shall be certified by said board and deposited in the office of the secretary of state as soon as completed, and before the first day of December preceding the regular sessions of the legislature. The valuation thus determined shall be the basis for the computation and apportionment of the state. and county taxes, until the next biennial assessment and equalization. Shall file with the secretary of state, biennially, a state valuation the board. Shall be vigilant discharge of duties. SECT. 12. Said state assessors shall be held to a constant attendance upon the duties of their office; shall be vigilant and prompt in the correcting and equalizing of valuations and in the investigation of charges of concealed property liable to assessment. Said state assessors shall receive a salary of salary. fifteen hundred dollars each, which shall be in full for all services and expenses except as provided in section nine. ment list of SECT. 13. Said state assessors shall equalize and adjust Equalize assessthe assessment list of each town, by adding to or deducting each town. from it such amount as will make it equal to its full market value. SECT. 14. If the assessors of any town, or one of them, shall fail to appear before said board of equalization or to transmit to them the lists hereinbefore named within ten days after the mailing or publication of notice or notices to them, to so appear or transmit said lists, the said board may in its discretion report the valuation of the estates and property and If assessors of any town fail to tion, board may nation as it may deem just. |