ARTICLE III. REPRESENTATION IN THE GENERAL COUNCIL. Sec. 12. The representation in the General Council of the Indian Territory, to which the Cherokee Nation by its population is entitled, shall be eighteen, and shall, until otherwise ordered, be apportioned as follows, to wit: And one to be elected by a joint vote of the National Council, and commissioned by the Principal Chief. The term of office of membership of the General Council shall be two years, and they shall be elected at the times, places and manner provided by law. CHAPTER VIII. AN ACT RELATING TO ELECTIONS. ART. I. Relating to Elections. II. Manner of Contesting Elections. III. Frauds at Elections. ARTICLE I. RELATING TO ELECTIONS. Sec. 1. Elections for Principal Chief, Assistant Principal Chief, members of the National Council, and all other officers elected by the people, shall be held on the first Monday of August. Sec. 2. Every male citizen of the Nation, aged eighteen years, who shall have been a "bona fide" resident of the district, wherein he proposes to vote, for six months immediately preceding the election, and who shall not have been, after the passage of this act, convicted of any felony, unless restored to such right by pardon or act of the National Council, or who shall not at the time be undergoing punishment in prison, for any crime or misdemeanor, and who shall not be insane, or "non compos mentis," shall be deemed a qualified elector. Sec. 3. The clerk of each district in which an election is. to be held, shall promptly, and as generally as may be, promulgate the writ of election, or proclamation of the Principal Chief, for the information of the qualified electors of his district. He shall cause to be published, by posting up in some conspicuous place, at each and every precinct in his district, the names of all persons put in nomination for office, ten days prior to the election. He shall also appoint and notify, in writing, two clerks and two superintendents of election for each precinct, one of whom shall be able to speak both Cherokee and English, selecting them as equally as may be from the supporters of the opposing candidates. Sec. 4. He shall provide and furnish the clerks of each precinct in his district, the necessary blank rolls and envelopes to be used in conducting the election. precinct, Sec. 5. The rolls shall be headed, "Returns of election held on the day of, at district, Cherokee Nation;" and shall state the offices to be filled, and the names of the candidates to each, and shall be ruled with the necessary spaces to record the names of the voters, and the votes each candidate may receive. There shall be thus prepared and furnished, one roll for Principal and Assistant Principal Chiefs and members of the National Council, and one for sheriffs, judges, clerks, members of the General Council of the Indian Territory, and all other officers that may be elected by the popular vote. Before delivering the envelopes and rolls to the clerks of the election, the clerk of the district shall affix his seal of office to each, and no others shall be used, unless unavoidable; and, when others are so used, the superintendents and clerks, shall, on the roll, state the reasons therefor. Sec. 6. In case of the death, absence, or inability to act, of any superintendent or clerk of election, at any precinct, the legal voters present may choose, "viva voce," from qualified voters present, such number as may be necessary to fill the vacancy; but no person shall be appointed clerk or superintendent who is a candidate for office at such election, or who is not a qualified voter of the district. Sec. 7. Before entering upon the discharge of their duties, each of the superintendents and clerks shall be required to take the following oath (or affirmation), to wit: "You, and each of you, do solemnly swear (or affirm), that you will well and truly conduct the election; that you will not in any manner, while in the discharge of your duty, attempt to influence or bias the voting of any voter, or suffer the same to be done by others in your presence; but that you will in all things faithfully conform to the requirements of the law governing elections, to the best of your ability, without Favor, partiality or fraud. So help you God." Said oath or affirmation may be administered by any person authorized by law to administer oaths, or by any of the superintendents or clerks of the election. Sec. 8. After the superintendents shall have been qualified, they shall appoint three suitable and discreet persons to act as supervisors, to be selected as equally as possible from among the supporters of the opposing candidates. The supervisors shall, before entering upon the discharge of their duty, take the following oath, which may be administered by either of the clerks or superintendents of election: to-wit: "You, and each of you, do solemnly swear, that you will faithfully perform all 'the duties of supervisors during the present election; that you will not in any manner, while in the discharge of your duty, attempt to influence or bias the voting of any voter, nor suffer the same to be done by others; but will in all things conform to, and, to the best of your ability, require others to conform to, all the requirements of the law governing elections, without partiality, favor, or fraud. So help you God. Sec. 9. Before the opening of the polls, the supervisors shall measure and mark off a space of fifty feet, encircling the polls, within which no person, except the officers of the election, shall be allowed to come but for the purpose of voting, and then but one at a time. Each voter, after casting his vote, shall promptly retire beyond the pre.scribed limit. Sec. 10. The supervisors shall have full authority to maintain and preserve the peace during any election, and the counting of the votes, and making up the returns thereof; and for that purpose, they may, if necessary, summon any number of persons present, to aid and assist in quelling any riotous or disorderly conduct, or to prevent any threatened breach of the peace. They shall suppress the sale of, or indulgence in, intoxicating drinks, by wasting such liquors, and may arrest, and remove from the precinct, any drunken or disorderly persons, or hold, and deliver to the custody of the sheriff for prosecution, any person guilty of a criminal violation of law. Sec. 11. The polls shall be opened between the hours of seven and eight o'clock in the forenoon, and kept open until sunset of the same day; but a recess of one hour may be taken at noon, the superintendents and clerks remaining in company and in possession of the rolls. On the opening of the polls, one of the superintendents shall proclaim the same in an audible voice to the voters present, and state what offices are to be filled. No superintendent, supervisor, or clerk of election shall be allowed to influence or bias, or attempt to influence or bias, the voting of any voter, by word, deed, or in other manner, while in the discharge of his duty, nor to delay, or prevent, the casting thereof, except as hereinafter provided for the challenging and determining the qualifications of voters. Sec. 12. It shall be the duty of the superintendents, clerks, and supervisors of elections, to challenge the vote of any person, whom they know, or suspect, to be not a legally qualified voter. For the determining of the legality of a challenged vote, the superintendents shall receive the statement of the voter, on oath, and such other sworn evidence as may be there and then available, upon which they shall determine the question of his right to vote, and for this purpose any clerk or superintendent may administer oaths. Sec. 13. On opening of the polls, one of the superintendents or clerks shall expose, for the inspection of the voters present, the rolls then to be used, before any names of the voters are recorded thereon. And if necessary to lengthen any roll, for the accommodation of voters, it shall be done publicly, by attaching to the main roll the necessary blanks, before any names are recorded thereon; and the superintendents and clerks shall state such fact in their certificate. Sec. 14. One of the clerks shall record the name of each voter, as he presents himself to vote, and place his vote to the candidate, or candidates, designated by such voter; the other clerk shall carefully observe that no mistakes are made in the registry of votes. Each voter |