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received it. Any voter who shall attempt to leave the room with a ballot or pencil in his possession, shall be at once arrested on demand of any member of the election board.
tion of bal
SECTION 6. That section 10, of article 1, of chap- Canvass of ter 23, of the Session Laws of Oklahoma Territory, and disposiof 1895, be, and the same is hereby amended to lots. read as follows: Section 10. The board shall then proceed to canvass the votes. If in the canvass of the votes any ballot is found not indorsed with the initials of the poll clerks, as provided in this act, and any ballot which bears any distinguishing mark, the same shall not be counted, but shall be preserved by the inspector, and at the close of the count placed with the seals of the ballot packages in paper bags, securely sealed, and so returned with the ballot box to the county clerk. The poll clerks shall make a memorandum on the tally sheet of the number of mutilated ballots, and the condition of the seal of the ballot packages. Any ballot upon which the judges are unable to agree as to how it should be counted, the same shall not be counted, but shall be treated as a mutilated ballot and returned in like manner. On completing the count and recording the same on the tally sheets, all of the ballots shall be sealed up in paper bags; those mutilated or otherwise defective in one package, marked "mutilated," and the other in a package marked "counted," with the names of the election board written across the seals of each package; said packages, together with the tally sheets and poll books, shall be returned along with the ballot box to the county clerk within two days after the holding of such election; said ballot packages to be preserved unopened by the county clerk for the period of one year. In case of contest of elections such ballots may be submitted in evidence. Immediately before the adjournment of the election board they shall make a memorandum of the total vote cast for each candidate, and deliver a copy of the same to each member of said board. Each candidate shall be entitled to be present at the counting of the ballots, in person, or by representative.
Ballot boxes, how made.
Opening in ballot boxes, how and by whom locked.
Governor to certify to
nåmes of candidates.
SECTION 7. That section 11, chapter 33, of the statutes of Oklahoma Territory, of 1893, be, and the same is, hereby amended to read as follows: Section The board of county commissioners of each county shall provide, at the expense of the county, one ballot box for each precinct; each ballot box shall have two locks of different kinds and combinations, so that the key of one will not unlock the other, and be otherwise so constructed as to contribute toward the prevention of fraud.
SECTION 8. That section 12, chapter 33, of the statutes of Oklahoma Territory, of 1893, be, and the same is, hereby amended to read as follows: Section 12. An opening shall be made in the lid of the ballot box sufficient only for a single ballot; and at the time the election is opened, the inspector and judges shall see that there are no ballots in the box before the voting begins, and shall thereupon securely lock the box and give one key to one of the judges who is in politics opposed to the inspector, retaining the other key; and the same shall not be again opened until the polls are closed and the board is ready to immediately proceed with the counting.
SECTION 9. That section 21, chapter 33, of the County clerk statutes of Oklahoma Territory, of 1893, be, and the same is, hereby amended to read as follows: Section 21. Not less than eighteen days before any general election the Governor of the Territory shall certify to the county clerk of each county the name, place of residence, and name of party or petitioners by whom nominated, of each person nominated for delegate to Congress, and of each person nominated for councilman and representative in the council and representative districts, including such county or any part thereof, as specified in the certificates and petitions of nomination filed with the Governor and designated by the Territorial Board of election commissioners.
Duties of inspector: ballots, how
SECTION 10. That section 31, chapter 33 of the statutes of Oklahoma Territory of 1893, be, and the same is, hereby amended to read as follows: Section 31. It shall be the duty of each election inspector, or in case he cannot attend, some other member of the election board authorized in
writing by the inspector, to appear at the office of the county clerk of his county not more than six nor less than two days before each election, and the county board of election commissioners shall deliver to him fifteen of the ballots printed under the direction of the county board of election commissioners for each five or fraction thereof of the number of votes cast at such precinct at the last general election, or if a new precinct, for each five or fraction of five voters as estimated by the county commissioners: Provided, however, That in case it be made to appear by affidavit of such inspector that the number of voters in his precinct has increased more than 50 per cent. since the last general election or estimate by the board of county commissioners, there shall be delivered to him three ballots for each voter so declared under oath by him to reside in the precinct. The ballots shall be wrapped and tied in packages and securely sealed with wax in the presence of the inspector or his representative, who shall receipt for the same; and for the safe sealing of such ballots the county board of election commissioners shall provide themselves with a seal of such design as they may deem proper, and said packages shall not be opened until delivered to the election board of the respective voting precincts to which they are directed, and said board shall be fully organized and ready for the reception of votes as in this act provided.
SECTION 11. That section 32, chapter 33, of Opening ballot packages. the statutes of Oklahoma Territory, of 1893, be, and the same is hereby amended to read as follows: Section 32. At the opening of the polls, after the organization of, and in the presence of the election board, the inspector shall open the package of ballots in such a manner as to preserve the seals intact. He shall then deliver to the poll clerk of the opposite political party from his own, twenty-five ballots, and to the other poll clerk the indelible pencil for marking the ballots. The poll clerks shall at once proceed to write their initials in ink on the lower left hand corner of the back of each of said ballots, in their ordinary handwriting and without any distinguishing mark of any kind. As each successive
Printed instructions at polls.
What advice to voters judges and clerks may give at election.
elector calls for a ballot, the poll clerk shall deliver to him the first signed of the twenty-five ballots, and the inspector shall immediately deliver to the poll clerks another ballot, which the poll clerk shall at once countersign as before, and add to the ballots already countersigned, so it shall be delivered for voting after all of those heretofore countersigned.
SECTION 12. That section 33, chapter 33, of the Statutes of Oklahoma Territory, of 1893, be, and the same is, hereby amended to read as follows: Section 33. The county board of election commissioners of each county shall cause to be printed on large type on cards, in English and such other language as they deem necessary, instructions for the guidance of electors in preparing their ballots. They shall furnish twelve of such cards in each of the languages determined upon by them, to each of the election inspectors at the same time they deliver to him the ballots for his precinct. Each inspector shall cause to be posted one of each of said cards in each place or booth provided for the preparation of the ballots, and one of each kind of such cards at or near the outer end of the chute leading to the polling place, and not nearer than fifty feet of the polling place, and not less than three of each of said cards in and about the polling place, at the opening of the polls on the day of election. Said cards shall contain full instructions to the voters as to what must be done, as follows: First, to obtain ballots for voting: Second, to prepare the ballots for voting: Third, to obtain a new ballot in place of one accidentally defaced, mutilated or spoiled; also copies of sections forty-two, forty-nine, fifty-four, fifty-five, fifty-six and fifty-seven of chapter thirty-three, statutes of Oklahoma Territory, of 1893.
SECTION 13. That section 44, chapter 33, statutes of Oklahoma Territory, of 1893, be, and the same is, hereby amended to read as follows: Section 44. Any elector who is blind or otherwise physically unable to properly mark his ballot, may declare his choice of candidates to the three poll clerks in the booth, who shall in the presence of the elector, and in the presence of each other, mark the
ballot as provided herein, and on request, shall read over to such elector the names of the candidates as marked. No advice or instruction of any kind whatsoever, shall be offered or permitted by the election officers, or by them given at the voting place, at any election, to any voter entering said polling place for the purpose of voting, except to persons who are blind or otherwise physically disabled as herein before provided. Any one making a false declaration under the provisions of this section, shall, upon conviction, be fined in any sum not exceeding twenty dollars, and any poll clerk or poll clerks, who shall deceive any elector in selecting or marking any ballot, or mark the same in any other way than as requested by said elector, shall be guilty of a felony, and on conviction, shall be imprisoned in the penitentiary for not less than one nor more than two years, and be disfranchised for any determined period for not less than five years.
SECTION 14. That sections 27, 28 and 47, of chapter 33, and section 5, of article 1, of chapter 80, of the statutes of Oklahoma Territory, of 1893, and all other acts and parts of acts in conflict herewith, are hereby repealed.
SECTION 15. This act shall take effect and be in force from and after its passage and approval. Approved March 11, 1897.
ARTICLE 2.-ELECTION BOARD.
1. Inspector: judges; who elgible. 2. County commissoners to ap-
AN ACT amendatory of section 1, of article 1, of chapter 23, of the session
Be it Enacted by the Legislative Assembly of the Territory of
SECTION 1. That section 1, of article 1, of chap- Inspector: ter 23, of the session laws of Oklahoma, 1895, be, eligible; must