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Taking freeman's

SEC. 41. No person shall be admitted to take the free- R. L., Sec. 64. man's oath, or vote at an election, until he has obtained the oath. approbation of the board of civil authority of the town in which he resides.

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SECTION.

42.

CHAPTER III.

CHECK-LIST OF VOTERS.

SECTION.

Each town to have check-list; 47. Town clerk a candidate for

what to contain.

43. Hearing of challenges.

44.

No alterations after certain 48. time.

45. Proceedings at hearing; addi- 49. tions at freemen's meeting.

46. Check-list how used.

Representative, who to per-
form his duties.

At presidential and special
congressional elections.
Right to vote determined by
check-list.

amended by 1884,

To be a check-list

state.

SEC. 42. The selectmen in each town, shall, at least R. L., Sec. 65, as thirty days before a freemen's meeting, make an alphabeti- No. 60, § 2. cal list of the persons qualified to vote in such freemen's in each town; meeting, and shall immediately cause copies of such list to what check-list to be posted in two or more public places in such town, and a copy to be filed in the town clerk's office. Upon such check-list shall be stated, against the name of each voter, the street and number of his residence, and where the streets are not named and numbered, the school district in which he resides; and against the name of each person on the list who has not resided in the town for which the list is made three months next previous to the freemen's meeting for which the list is made, shall be stated that such person is disqualified to vote for Town Representatives and Justices.

Hearing of chal

SEC. 43. The board of civil authority shall, at least R., Sec. 66. fifteen days before such meeting, appoint a day and place lenges. for hearing and determining challenges to the qualifications of persons whose names are upon the check-list; and notice of the hearing shall be attached to the copies of the lists 'posted up, and lodged in the town clerk's office; and the hearing may be adjourned from day to day, but no hearing shall be had later than the day preceding such meeting. SEC. 44. No meeting of the board of civil authority to R. L., Sec. 67. revise a check-list shall be held, and no alteration in such after certain time.

*The board of civil authority of each town is composed of the selectmen and Justices residing in such town. See R. L., Sec. 2710.

No alterations

R. L., Sec. 68, as

amended by 1882,

No. 112.

hearing.

list shall be made, after twelve o'clock at night of the Saturday preceding the day on which the list is to be used if the meeting at which such check list is to be used is to be held on Tuesday; and in no case shall a meeting of the board of civil authority be held to revise a check-list or shall alterations be made in a check-list after thirty-six hours before the time appointed for the meeting at which such check list is to be used.

SEC. 45. At such hearing the board of civil authority shall be in session a reasonable time, and shall hear and Proceedings at determine questions as to the list of voters; and they may examine upon oath persons claiming a right to vote, and may require the production of the naturalization papers of naturalized persons; and they may administer the freeman's oath to a person who would be entitled to take the same at such freemen's meeting; and they shall insert upon the list left in the town clerk's office the names of voters omitted, and erase therefrom the names of persons not entitled to vote. The list, so corrected, in the town clerk's office shall not be altered except by adding thereto the names of persons who at such meeting become qualified to vote; provided that names of persons who become of age before the time fixed for the completion of the check-list, shall not Additions at free- be so added at the freemen's meeting.

men's meeting.

R. L., Sec. 69. Check-list how used.

1884, No. 59, § 2. When town

for Representa

SEC. 46. The town clerk, or in his absence one of the selectmen, shall have such list present at the freemen's meeting, and shail check thereon the names of persons voting by making a mark opposite such name for each vote cast so as to indicate the officers voted for; and no other roll of the names of such voters shall be required. The check-list shall be filed in the town clerk's office after the meeting, and the original, or a copy thereof duly certified, shall be evidence in courts that a person, whose name is checked, voted as indicated.

SEC. 47. Whenever the town clerk of any town in this clerk a candidate State shall be a candidate for Town Representative, the tive, duties to be duties of town clerk, as required by sections sixty-nine and performed by eighty-one of the Revised Laws [§ § 46, 60], shall be performed by one of the selectmen, or in their absence by a Justice of the Peace.

Justice.

At presidential

gressional elections.

R. L., Sec. 70. SEC. 48. At special elections of Representative to Conand special con- gress and at elections of Electors of President and VicePresident of the United States, the check-list used at the preceding freemen's neeting, shall be used, with such alterations as the board of civil authority, having given six

days' notice of a meeting for that purpose, may make prior

to the day of such election."

Right to vote

check-list.

SEC. 49. No person shall vote at a freemen's meeting 1884, No. 60, § 3. in a town, for any of the officers to be elected at such meet- determined by ing, unless his name is on the check-list prepared in such town for use at such meeting. And the vote of no person whose name is on the list shall be rejected, except that no person shall be allowed to vote for Town Representative or Justices who is designated on the check-list as disqualified to vote for these officers.

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58. Voting at extra ballot boxes. 71. Certificate of votes for county 59. Right to vote, how decided.

60.

Roll of voters.

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and probate officers and Jus-
tices.

Form of certificate of votes

for county and probate offi-
cers and Justices.

Duty of Secretary of State if
certificate not received.
Secretary of State to make
statement of votes.

Final disposal of certificates.

Warning.

SEC. 50. The constable, or in his absence, the town R. L., Sec. 72. clerk, or in his absence, a selectman shall, in each town, twelve days before the day of each biennial State election, and six days before the day of each election of Electors of President and Vice President of the United States, set up a notice in writing at the places designated by the town for notifying town meetings, warning the fresmen of the town to meet on the day of such election, at the usual place of holding freemen's meetings, to elcct the officers to be chosen on that day; and such meeting shall be called at

Hour at which

more than 3,000

twelve o'clock noon in towns whose population does not exceed two thousand and at ten o'clock in the forenoon in towns of larger population.

R. L., Sec. 73. SEC. 51. In towns whose population exceeds three meeting is to be thousand inhabitants the freemen's meetings held on the called in towns of first Tuesday of September or held for the purpose of population. electing Electors of President and Vice-President of the United States, shall be called at nine o'clock forenoon of the day appointed by law for holding the meeting.

R. L., Sec. 74, as
amended by 1884,
No. 69, § 2.
Ballot boxes.

R. L., Sec. 75, as amended by 1884, No. 59, § 1.

Presiding officer; candidate not to be.

R. L., Sec. 76.
Mode of voting.

R. L., Sec. 4550,
Form 53.
Form of vote for
State, county and
probate officers.

SEC. 52. Each town shall provide for each voting place, one box for votes for Representative to the General As sembly; one for Governor, Lieutenant-Governor, Treasurer, Secretary of State, Auditor of Accounts, Senators and county officers, and Representative to Congress; one for Justices and one for Electors. Each box shall have a small aperture for depositing votes, shall be properly designated, and be kept by the town clerk.

SEC. 53. The first constable, or in his absence a selectman, or in his absence a Justice of the Peace, shall preside at such meeting and call on the freemen from time to time to vote for such officers. But no such officer above named in this section shall preside at such meeting who is knowingly a candidate for Representative to the General Assembly, Senator, Assistant Judge of the County Court, Judge of Probate, Sheriff or State's Attorney, and, in case he is such candidate, one of the other officers above named shall pre

side.

SEC. 54. Persons qualified to vote for any such officers, may in person deliver to the presiding officer a ballot with the name of the person voted for, and a designation of the office, written or printed thereon. State officers, Senators, county and probate officers shall be voted for on the same ballot.

FORM OF VOTE FOR STATE AND COUNTY OFFICERS.
SEC. 55.

For Governor,

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For State's Attorney,
L. M.

For Sheriff,

O. P.

For High Bailiff,

R. S.

For Judge of Probate for the District of

T. W.

[See Sec. 16.]

Examination o f

SEC. 56. The presiding officer shall receive each ballot R. L., Sec. 77. in such manner as not to discover the name thereon, but ballot. shall examine it so far as to see whether there is more than one; and if there is more than one, he shall make it known to the meeting, and reject said ballot; and no vote shall be afterwards received from such person at the meeting. SEC. 57. The board of civil authority in a town in R. L., Sec. 78. which a check-list is used may direct the opening of not to boxes. exceed five sets of ballot boxes at different places in the room where an election is held, and may divide the list into the same number of parts; and no person shall vote except at the place provided for that portion of the list which contains his name.

SEC. 58. When additional sets of ballot boxes are opened, the proper presiding officer shall have the general direction of the meeting; he shall notify the voters at which place each division of said list shall vote, and shall receive the votes at one of said places. At each other place of voting the votes shall be received by one of the board of civil authority, to be named by the board; and the names of persons voting shall be checked by a deputy clerk to be appointed for that purpose by the town clerk, and the town clerk, so far as practicable, shall appoint at each box, or polling place, as such deputy clerk, a person who shall belong to a different political organization or party from that to which the other official, who shall preside at such box, may belong and who is not a known can didate for office at such election; and the boxes shall be turned and the vote sorted and counted as provided when one box is used.

Extra

ballot

R. L., Sec. 79, as amended by 1882,

No. 114, § 1.

Voting at extra

ballot boxes

Right to vote;

SEC. 59. Such of the board of civil authority as are R. L., Sec. $0. present shall decide questions as to the right of persons to how decided. vote, and the decision of a majority shall govern the presiding officer in receiving or rejecting votes.

SEC. 60. The town clerk, or, in his absence, a select man, shall, when a check list is not used, make a roll*

*All towns are now required to have a check-list. See Sec. 42.

of

R. L., Sec. 81.

Roll of voters;

Town Represent

ative; Representative to Congress.

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