Same. Same. Record that person how kept. as Inspector, and announce his name and the number affixed to it on the printed copy of the register, if his name is thereon. 1226. The Inspector, or Judge acting as such, must receive the ballot, and before depositing it in the ballot box must, in an audible tone of voice, announce the name and register number (if there be one) of the person voting. 1227. If the name is found on the copy of the Great Register, or if the party produces and files with the Board an uncanceled certificate of registration on the Great Register of the county, and the vote is not rejected upon a challenge taken, the Inspector, or Judge acting as such, must, in the presence of the Board of Election, place the ballot, without being opened or examined, in the ballot box. 1228. When the ballot has been placed in the has voted, box, one of the Judges must write the word "Voted" opposite the number of the person on the printed copy of the Register; or, if the person voted on a certificate of registration, then upon the face thereof. Same. Grounds of challenge. 1229. Each Clerk must keep a list of persons voting, and the name of each person who votes must be entered thereon and numbered in the order of voting. 1230. A person offering to vote may be orally challenged by any elector of the county, upon either or all of the following grounds: 1. That he is not the person whose name appears on the Register; 2. That he has not resided within the State for six months next preceding the election; 3. That he has not resided within the precinct for thirty days next preceding the election; 4. That he has before voted that day; 5. That he has been convicted of a felony and has not been pardoned. ings on for want of 1231. If the challenge is on the ground that he is Proceednot the person whose name appears on the Great Reg- challenge ister, the Inspector must tender him the following oath: identity. "You do swear (or affirm) that you are the person whose name is entered on the Great Register. 1232. If the challenge is on the ground that he has not resided in the State for six months next preceding the election, the person challenged must be sworn to answer questions; and after he is sworn the following questions must be propounded to him by the Inspector: 1. Have you resided in this State for six months immediately preceding this election? 2. Have you been absent from this State within the six months immediately preceding this election? If yes, then: 3. When you left, did you leave for a temporary purpose, with the design of returning, or for the purpose of remaining away? 4. Did you while absent regard this State as your home? 5. Did you while absent vote in any other State? And such other questions as may be necessary to a determination of the challenge. 1233. If the challenge is on the ground that he has not resided in the precinct for thirty days next preceding the election, the person challenged must be sworn to answer questions, and after he is sworn the following questions must be propounded to him by the Inspector: 1. When did you last come into this election precinct? 2. When you came into this precinct did you come Same, on challenge for non residence in State. Same, on challengo for non- residence Same. Same, on challenge before for a temporary purpose merely, or for the purpose of making it your home? 3. Did you come into this precinct for the purpose of voting here? And such other questions as may be necessary to a determination of the challenge. 1234. If the challenge is on the ground that the for having person challenged has before voted that day, the Inspector must tender to the person challenged this oath: voted. Same, on ground of conviction of a felony. Challenges, how deterInined. Same. If person refuses to be sworn, vote to be rejected. "You do swear (or affirm) that you have not before voted this day." 1235. If the challenge is on the ground that the person challenged has been convicted of a felony and has not been pardoned, he must not be questioned; but the fact may be proved by the production of an authenticated copy of the record, or by the oral testimony of two witnesses and the non-production of a pardon. 1236. Challenges upon the grounds either: 1. That the person challenged is not the person whose name appears on the Great Register; 2. That the party has before voted on that day; -Are determined in favor of the party challenged by his taking the oath tendered. 1237. Challenges for causes other than those specified in the preceding section must be tried and determined by the Board of Election at the time of the challenge. 1238. If any person challenged refuses to take the oaths tendered, or refuses to be sworn and to answer the questions touching the matter of residence, he must not be allowed to vote. the deter mination of 1239. The Election Board, in determining the Rules for place of residence of any person, must be governed by the following rules, so far as they are applicable: 1. That place must be considered and held to be the residence of a person in which his habitation is fixed, and to which whenever he is absent he has the intention of returning; 2. A person must not be held to have gained or lost a residence by reason of his presence at or absence from a place while employed in the service of the United States, or of this State, nor while engaged in navigation, nor while a student at any institution of learning, nor while kept in an almshouse, asylum, or prison; 3. A person must not be considered to have lost his residence who leaves his home to go into another State or precinct in this State for temporary purposes merely, with the intention of returning; 4. A person must not be considered to have gained a residence in any precinct into which he comes for temporary purposes merely, without the intention of making such precinct his home; 5. If a person removes to another State with the intention of making it his residence, he loses his residence in this State; 6. If a person removes to another State with the intention of remaining there for an indefinite time, and as a place of present residence, he loses his residence in this State, notwithstanding he entertains an intention of returning at some future period; 7. The place where a man's family resides must be held to be his residence; but if it is a place of temporary establishment for his family, or for transient objects, it is otherwise; 8. If a man has a family fixed in one place and he does business in another, the former must be considered his place of residence; but any man having a family questions of residence. Same. Term of residence, how computed Rules must be read, if and who has taken up his abode with the intention of remaining, and whose family does not so reside with him, must be regarded as a resident where he has so taken up his abode; 9. The mere intention to acquire a new residence, without the fact of removal, avails nothing; neither does the fact of removal without the intention. 1240. The term of residence must be computed by including the day on which the person's residence commenced, and by excluding the day of the election. 1241. Before administering an oath to a person requested. touching his place of residence, the Inspector must, if requested by any person, read to the person challenged the rules prescribed by Sections 1238 and 1239. Proceedings upon determination of challenge. List of challenges 1242. If the challenge is determined against the person offering to vote, the ballot offered must, without examination, be returned to him; if determined in his favor, the ballot must be deposited in the ballot box. 1243. The Board must cause one of the Clerks to to be kept. keep a list, showing: 1. The names of all persons challenged; 2. The grounds of such challenges; 3. The determination of the Board upon the chal lenge. CHAPTER X. CANVASSING AND RETURNING THE VOTE. SECTION 1252. Canvass to be public and without adjournment. 1254. Ballots must be made to agree with names on the list. 1256. Same. 1257. Counting the votes. 1258. Tallies. |