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board of supervisors of said county, or the commissioner of accounts of the corporation or circuit court of some other city. At this meeting the members of the board who shall have secured from the printer the ballots as required by section one hundred and fifty-six shall deliver said ballots to said board. The ballots shall then be carefully counted by said board and the number thereof entered by the secretary of the board in a book provided by him and kept for such purpose. The board shall affix its seal to every ballot printed as above provided, upon the side reverse from that upon which the names of the candidates appear, and said chairman or commissioner shall thereupon enter of record upon the minutes of the electoral board an affidavit stating that said ballots were counted and sealed in his presence in the manner prescribed by law. Of the said ballots they shall make as many packages as there are voting precincts in said county or city, one for each precinct, which package shall contain twice as many official ballots as there are voters registered at the precinct for which it is intended. Each of these packages shall be securely sealed so that the ballots shall be invisible, and so that they could not be readily opened without detection. Upon each of said packages shall be endorsed the name of the precinct for which it is intended and the number of ballots therein contained. The packages designed for the various precincts shall remain in the exclusive possession of the secretary of the board until delivered by him to the judges, or one of the judges, of election of the several precincts as provided by the following section, or until he shall have delivered the same to one or the other members of the board to be delivered to the judge or judges as required by this chapter. The secretary of said electoral board shall keep in his sole custody the seal or stamp of said board and in a sealed package, to be opened only in the presence of the electoral board and the chairman or other member of the board of supervisors or the commissioner of accounts of the corporation or circuit court when in the discharge of their duties as prescribed by this chapter.

(1920, p. 795. In force June 20, 1920.)

Sec. 182. It is not necessary, under this section, that all of the commissioners of election should be present when the vote is canvassed. It is sufficient if three be present. Gregory v. Hubard, 123 Va. 510, 96 S. E. 775.

This section, requiring the commissioners of election to canvass the returns on the second day after the election, is only directory as to the time of canvass, and if they let the time elapse without making the canvass, the successful candidate is not thereby deprived of the benefit of the election, as the commissioners could thereafter canvass the returns, and if they failed to do so, could be compelled to make the canvass. Gergory v. Hubard, 123 Va. 510, 96 S. E.

775.

Sec. 184. Section 2995 of the Code of 1919 provides that the judge of election and the registrar appointed by the county board "shall also act as commissioners of election." It is not necessary that all of the commissioners of election should be present when the vote is canvassed. It is sufficient if three be present, and in the case at bar, three were present, and the tie vote for mayor was broken in the manner prescribed by this section. Gregory v. Hubard, 123 Va. 510, 96 S. E. 775.

Sec. 186. Where a clerk fails and refuses to make out and deliver a certificate of election without good cause, the writ of mandamus compelling him to do so should be awarded. Gregory v. Hubard, 123 Va. 510, 96 S. E. 775. Sec. 200. Pay of judges, clerks, registrars, members of electora! board and commissioners.

The judges, clerks, registrars, members of electoral board, and commissioners of any election shall receive as compensation for their services the sum of three dollars each for each day's service rendered, and the judge carrying the returns and tickets to and from his voting place and to the county clerk's office and the commissioners of election shall receive the pay and mileage now allowed to jurors for each mile necessarily traveled, to be paid out of the treasury of the county, city or town in which the election is held.

(1920, p. 387. In force June 18, 1920.)

As the section of which this is amendatory did not provide for the pay of registrars and members of the electoral boards, there may be some question of its validity as to them under section 52 Va. Constitution.

Sec. 202. Absent voter may vote.

Any voter, only when required by his regular business or habitual duties to be absent from the city, if in a city, or from the precinct, if in a county, in which he is registered, may vote; provided,

(1922, p. 875. In force June 18, 1922.)

Sec. 203. Letter of application for ballot, when and how forwarded.

He shall make application in writing for a ballot to the registrar of his precinct, not less than fifteen nor more than sixty days prior to the primary or general election in which he desires to vote, if he be within the confines of the United States, or not less than sixty days. nor more than ninety days, if he be in the Philippines, Hawaii, Porto Rico, the Canal zone, or in touch with an American consulate in territory over which the United States has no jurisdiction. The application may be handed to the registrar in person, or forwarded to him by mail, and shall contain necessary postage, or the correct amount in legal tender, necessary for registering the ballot to him, and full directions for mailing the same. But the failure to enclose necessary postage shall not render void a vote otherwise legally cast. (1920, p. 268; 1922, p. 875. In force June 18, 1922.)

Sec. 204. When voter out of jurisdiction of United States; how ballot to be sent; when in army or navy.

When the voter is not within the jurisdiction of the United States, the letter containing the ballot shall be directed in care of the nearest American consulate, and when in service of the army or navy, of his commanding officer.

(1922, p. 875. In force June 18, 1922.)

Sec. 205. Duty of registrar on receipt of application.

The registrar, upon receipt of the application for ballot, if the applicant is duly registered in that precinct, shall enroll the name and address of the applicant on a list to be kept by him for the purpose,

and forward to the applicant by registered mail the following, all of which shall be furnished by the electoral board:

(a) An envelope containing the folded ballot, sealed and marked "Ballot within. Do not open except in presence of postmaster" (or other person mentioned in section two hundred and eight).

(b) An envelope, for resealing the marked ballot, on which is printed the "voucher," form of which is hereinafter provided.

(c) A properly addressed envelope for the return of said ballot. (d) A printed slip giving full instructions regarding the manner of marking of the ballot, in order that the same may be counted, and how prepared and returned.

(e) A "coupon," the form of which is hereinafter given.

(1922, p. 875. In force June 18, 1922.)

Sec. 206. Form of voucher.

The "voucher" called for in section two hundred and five, and printed on the envelope in which the ballot is to be sealed up after the same has been marked, shall be in the following form:

Voucher

This is to certify that the enclosed ballot was received by me as per my application to the registrar of...... -precinct,. county (or city), Virginia. The envelope marked "ballot within" was opened by me in the presence of..

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postmaster (or other person mentioned in section two hundred and eight, infra), of.... marked while in his presence and office without assistance or knowledge on the part of anyone as to manner in which same was prepared, and then and there sealed as provided by law.

Teste:

(Signed)..

Postmaster.

(or other person designated in section two hundred and eight).

(1922, p. 875. In force June 18, 1922.)

Sec. 207. Form of coupon.

The "coupon" called for in section two hundred and six shall be in

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To the best of my knowledge, the above information is correct,

and the applicant has complied with the requirements of the law as

above provided. I have no knowledge whatever of the marking, erasure, or intent of the ballot enclosed.

(Signed)

Postmaster.

(or other person mentioned in section two hundred and eight.) (1922, p. 875. In force June 18, 1922.)

Sec. 208. Receipt, voting and return of ballot.

Upon receipt of the registered letter, forwarded by the registrar, the voter shall not open the sealed envelope, marked "ballot within," except in the presence of the postmaster, or his assistant, postal clerk, or rural letter carrier, and shall then and there mark and refold the ballot without assistance and without making known the manner of marking same. He shall then and there place the ballot in the envelope provided for the same, seal the same, and fill in and sign the voucher printed on the back of the envelope, in the presence of the postmaster or other person hereinabove provided, who shall witness the same in writing. This envelope, together with the coupon, which must be filled out and signed by the postmaster, or other person as herein. provided, shall be enclosed within the envelope directed to the registrar, which shall then and there be sealed, registered, and mailed to the registrar.

(1922, p. 875. In force June 18, 1922.)

Sec. 209. Voting by elector described in section two hundred and four.

An elector, receiving his ballot under the provisions of section two hundred and four, shall conform to all the requirements of the preceding section, except that the consul, or his assistant, if received at a consulate, or his commanding officer, or some commissioned officer designated by him, if in the army or navy, shall answer in all respects for, and perform all the duties required of the postmaster or his assistant or other officer mentioned in the preceding section; preserving, however, all the secrecy of the ballot as therein provided; and the same shall be registered and mailed by the first mail thereafter leaving said consulate, command or vessel.

(1922, p. 875. In force June 18, 1922.)

Sec. 210. Ballots to be furnished by electoral board.

It shall be the duty of the electoral board of each county and city to furnish the registrar of each precinct with a sufficient number of official ballots, each properly sealed in an envelope marked "Ballot within. Do not open except in presence of postmaster" (or other person mentioned in section two hundred and eight), and take his receipt therefor. And it shall be the duty of the registrar to deliver to the judges of election on election day all unused ballots in their original sealed envelopes which remain in his possession, to be by them destroyed as are other unused ballots on that day.

(1922, p. 875. In force June 18, 1922.)

Sec. 211. Deposit of return ballot by registrar.

Upon the receipt of the ballot from the voter, the registrar shall on the list kept by him, mentioned in section two hundred and five, write in ink, "Received ballot on...... date" and shall file the coupon

enclosed with the sealed ballot, with the letter of application, and deposit the envelope containing the ballot, unopened, in a sealed box to be provided for the purpose, and there it shall remain until the day of election.

(1922, p. 875. In force June 18, 1922.)

Sec. 212. Names of applicants for ballots to be posted.

On the morning of the day of election on which the ballots are to be offered, the registrar shall post a true copy of the list required by sections two hundred and five and two hundred and eleven in a conspicuous place at the polling place of his precinct.

(1922, p. 875. In force June 18, 1922.)

Sec. 213. Box containing ballots to be delivered to judge.

On the day of election the registrar shall deliver the box containing the sealed ballots together with the letters of application and their accompanying coupon enclosed in envelopes and the lists required by sections two hundred and five and two hundred and eleven to be kept by him, to the judges of election at his precinct, taking their receipt therefor.

(1922, p. 875. In force June 18, 1922.)

Sec. 214. Opening box containing ballots.

At the close of the regular balloting, the box shall be opened by the judges of election, and the ballots deposited in regular ballot boxes as follows: As each envelope is removed from the box, the name of the voter is to be called and checked as if the voter were voting in person. If found entitled to cast his vote, the envelope is then, but not until then, opened, and the ballot deposited in the regular box without examining or unfolding it, and the name of the voter entered by the clerks on the poll books.

(1922, p. 875. In force June 18, 1922.)

Sec. 215. Disposition of empty envelopes.

When all ballots have been accounted for and either voted or rejected, the empty envelopes that previously contained the ballots are to be placed in an envelope with letters of application and coupons, and they, together with the rejected envelopes, if any, on which, or attached, shall be plainly written the cause of rejection, signed by a majority of the judges, shall be sealed up with the ballots cast at said election to be delivered as provided by law.

(1922, p. 875. In force June 18, 1922.)

Sec. 216. Fees of registrar.

The registrar shall receive for each voter availing himself of the provisions of this chapter the same fee that he receives for registering

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