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seven days before the day prescribed for the holding thereof.

questions, etc.

173. All notices or warrants for meetings for the To specify election of state and city officers shall specify what officers, officers are to be elected or voted for at such meetings, and whenever a proposed amendment to the con- 1893, c. 417, stitution or other question is to be submitted to the § 148. people, shall contain a copy of the proposed amendment printed in full and of any other question so to be submitted. They shall specify the time when the polls for Time of the choice of the several officers will be opened, and they opening shall further specify, in cities, when the polls will be polls.

closed.

and closing

In cities, meetings for the election of state and city In cities, officers may be opened as early as six o'clock in the fore- time of noon, and shall be opened as early as ten o'clock in the opening and closing forenoon. The polls shall be kept open six hours at least, meetings, but in no case shall be kept open after the hour of sun- etc. set, except as provided in section one hundred and fiftyfour (one hundred and eighty of this digest) of said chapter four hundred and seventeen.

CONDUCT OF ELECTIONS.

State and 174. The presiding election officer at each polling city elec. place in said city shall, on the day of any election of tions, posting of instate or city officers, before the opening of the polls, open structions, the package containing the cards of instruction, specimen ballots and copies of any proposed amendments to the 1895, c. 275, constitution, which have been received for such polling § 1.

etc.

Certain handbills, etc., not to be circu. lated, etc.

place, and shall cause not less than three such cards and three such copies, if any, and not less than five specimen ballots to be posted in and about the polling place outside the guard rail, and shall also cause the cards of instruction and a copy of any proposed amendment to be posted at or in each marking shelf or compartment inside the guard rail; and no other poster, card, handbill, placard, picture, or circular, except a paster to be placed upon the official ballot, intended to influence the action of the voter, shall be posted, circulated, or distributed in the polling place, in the building in which the polling place is located, or on the walls thereof, or on the premises on which the building stands, or on the sidewalk adjoining the premDelivery of ises where such election is being held. The presiding election officer at each polling place shall, at the opening of the polls at any such election, publicly break the seals of the packages containing the ballots for distribution at such polling place, open the packages, and deliver the ballots to the ballot clerks.

ballots to

ballot clerks.

Penalty.

Ibid. § 2.

State ballot

1893, c. 417,

$150.

175. Whoever violates the above provisions of chapter two hundred and seventy-five of the acts of eighteen hundred and ninety-five shall be punished by a fine not exceeding twenty dollars.

176. The state ballot boxes, furnished in accordance boxes to be with the provisions of said chapter four hundred and used, etc. seventeen shall be used for receiving the ballots in all state elections in cities, in all city elections, and also in taking the vote upon any proposed amendment to the constitution, upon the question of granting licenses for the sale of intoxicating liquors, and upon any other question submitted by statute to the voters of the Commonwealth or of any

to be shown

city for which ballots are by law provided at the expense of the Commonwealth, or of any city. The election At opening officers at each polling place shall, at the opening of the of polls, box polls and before any ballots are received, publicly open to be empty. the ballot box, and ascertain by personal examination, and publicly show that the same is empty, and shall immediately thereafter lock or fasten the box. The clerk of the Record, precinct shall make a record of the condition of the box custody of key. register, and, if a key is used, it shall be taken and retained by the police officer in attendance at the polling place. The ballot box shall not, after it is shown To be in to be empty, be removed from public view until all public view. ballots have been removed therefrom and the box has been relocked or sealed. No ballot shall be removed Opening, from the ballot box while the polls are open, and the box removal of shall not be opened until the polls are closed, except that, in order to make room for the deposit of all the ballots cast, the presiding officer may, in the presence of all the election officers, open the box and pack and press down the ballots therein.

seal,

ballots, etc.

etc., to be

in charge of

The presiding officer of each polling place of said city Ballot box, shall have charge of the ballot box and ballot box and shall, at the close of each election, return the either personally, or by the hand of the police in attendance at the polling place, to the board of elec- turn, etc. tion commissioners.

same, presiding officer officer, re

when im

possible to

If for any cause it shall become impossible at any such State ballot election, or in taking any such vote, to use the state bal- boxes, prolot box, the voting shall proceed in such manner as the ceedings presiding officer of such polling place shall direct, and in such case the clerk thereof shall make a record of the use. facts pertaining to the failure to use such ballot box, and shall enclose an attested copy of such record in the envelope with the ballots cast at such election or in taking such

vote.

The foregoing provisions as to the use and custody Provisions of the state ballot box shall, so far as applicable, apply to substituted to apply to the ballot box substituted therefor.

177.

box.

Voting

One of the voting lists of the voting pre-lists, deliv cinct transmitted by said board shall be delivered to ery and use. 1893, C. 417, the ballot clerks, and the other voting list shall be .

delivered to the election officers in charge of the ballot box, and such lists shall be used by them respectively in checking the names of voters both when receiving their ballots and when depositing their ballots. The officers in charge of the ballot box and of the voting list box and list. used thereat shall be of different political parties.

Political represen

tation at

Statements

not to be

made prior to declara

178. No election officer shall, before the public declaration of the vote at an election, make any statement of the number of ballots cast, the number of votes given for any tion of vote. person, the name of any person who has voted, the name 1893, c. 417, of any person which has not been voted on, or of any other fact tending to show the state of the polls.

§ 152.

Persons

permitted

179. No persons other than the election officers, supervisors and voters admitted in accordance with the provisions of said chapter four hundred and seventeen shall, Ibid. § 153. during the progress of an election and until public declara

inside of guard rail.

Voters allowed within guard rail.

Ibid. § 154.

Time for deposit of ballots at close of polls.

Presiding officers, general

powers and duties.

tion of the vote has been made, be permitted inside the guard rail, except by authority of the election officers for the purpose of keeping order and enforcing the law.

180. No more than four voters, besides election officers and supervisors, in excess of the number of marking shelves or compartments provided, shall be allowed at one time within the space enclosed by the guard rail, and, except the election officers and supervisors, no voters shall be admitted therein after the time fixed for closing the polls, but voters previously admitted shall be allowed a period not exceeding five minutes succeeding the time so fixed, within which to deposit their ballots.

181. The presiding officer at each polling place in a city for the time being, shall secure the observance of all provisions of this title relative to the duties of election officers. He shall possess full authority to mainIbid. § 156. tain regularity and order and to enforce obedience to his lawful commands, during an election, and during the canvass and counting of the votes after the closing of the polls, and shall have full authority to preserve peace and good order at and around the polling place and to keep the access thereto open and unobstructed, and he may require any police officer, constable or other person present to communicate his orders and directions, and to assist in the enforcement of such authority.

to preserve

182. The board or officer in charge of the police Police force of said city shall detail a sufficient number of officers, police officers who shall be stationed at each polling order, etc. place in said city at every election therein, to preserve 1893, c. 417, order and to protect the election officers and super- § 157. visors from any interference with or obstruction in the performance of their respective duties, and to aid in enforcing the provisions of said chapter four hundred and seventeen.*

having

183. Any person who, during an election, shall, in Person a polling place or place of such meeting, smoke, or have smoking or in his possession, a lighted pipe, cigar, or cigarette, or liquor, etc., carry into any such place, or keep therein any intoxicat- to be reing liquor, shall be deemed guilty of disorderly con- moved. Ibid. § 158. duct; and the presiding officer at such election shall order a person so offending to remove any such pipe, cigar, cigarette, or liquor, or to withdraw from such place, and shall cause any person who refuses or fails to obey such order to be removed from such polling place or place of meeting.

etc., but not prohibited

184. If a person shall at an election refuse to obey the Offender to lawful commands of the presiding officer at a polling place, be detained, or, by disorderly conduct in the presence or hearing of an election officer, shall interrupt or disturb his proceedings, from vot. the presiding officer may make an order directing any con- ing. stable, or police officer, or other person, to take the Ibid. § 159. person so offending into custody and detain him until the final canvass and counting of the votes shall be completed, unless the presiding officer shall order his previous release; but such order of detention shall be so enforced as not to prohibit the person so taken into custody, if a voter at such polling place, from voting at such election.

185. The presiding officer at a polling place, or such Duties of other election officer as may be cognizant thereof, shall officers forthwith report to the police officer in attendance at the when law is polling place, any violation of the provisions of this title, Ibid. § 160. and such police officer shall see that the offender is

duly brought before the proper court.

Acts 1889, c. 423, allows appointment of special police for elections.

violated.

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