1783. Ballot-box and key to be kept separate. SEC. 17. The inspector having the key shall keep it in his own possession, and deliver it again to the board of inspectors at the next opening of the polls; and the inspector having the care of the box shall carefully keep it, without opening it or suffering it to be opened, or the seal thereof to be broken or removed, and shall publicly, in that condition, deliver it to the board of inspectors at the next opening of the polls, when the seal shall be broken and the box opened, the poll-books taken out, and the box again locked. 1784. Ballot not to be exhibited. SEC. 18. No ticket or ballot shall on the day of election be given or delivered to, or received by, any person except the inspector, or a judge acting as inspector, nor fold any ticket or unfold any ballot which he intends to use in voting, or exhibit to another in any manner by which the contents thereof may be known, or request another person to exhibit or disclose the contents of any ticket or ballot, within one hundred feet of the polling-place; provided, that in case any elector voting an open ticket, the inspector, or judge acting as inspector, may fold the same before placing it in the ballot-box. 1785. Names rejected, when. SEC. 19. If the names of more persons are designated on any ballot found in the ballot-box, for the same office, than are to be chosen for such office, then, except in the cases provided for in the next section, all the names designated for such office must be rejected; and the fact of such rejection, and the reason therefor, must, at the time of such rejection, be disposed of as provided in section 26 of this act. 1786. Written and printed names for same office, which to be rejected. SEC. 20. When, upon a ballot being found in any ballot-box, a printed name and a name written with ink or with pencil appears, and there are not so many persons to be chosen for the office, the printed name opposite the written name must be rejected, and the written one counted; or when, upon a ballot found in any ballot-box, a name has been erased, and another one substituted therefor in any other manner than by the use of a lead pencil or common writing ink, the substituted name must be rejected, and the name erased, if it can be ascertained from an inspection of the ballot, must be counted, and the fact thereof noted, and the said ballots disposed of as provided in section 26 of this act. Marks or names upon a ballot cast at the general election renders it void. 1787. Legality of ballots. SEC. 21. Whenever a question arises in the board as to, the legality of a ballot, or any part thereof, and the board decide in favor of the legality, such action shall be taken as in case of a rejected ballot. 1788. Betting on election a misdemeanor. SEC. 22. Every person who makes, offers, or accepts any wager or bet upon the result of any election, or upon the success or failure of any person or candidate, or upon the number of votes to be cast, either in the aggregate or for any particular candidate, or upon the vote to be cast by any person, is guilty of a misdemeanor. 1789. Deputy sheriff's to be appointed. SEC. 23. It shall be the duty of the board of county commissioners of the several counties of the state at their regular meeting in October preceding any general election (and fifteen days preceding each special election) to determine the number of special deputy sheriffs to be appointed by the sheriff of the several counties to serve at each election precinct, for the purpose of preserving order and making arrests, to be paid as other fees. As amended, Stats. 1901, 69. 1790. Challenge at polls-Oath. SEC. 24. A person offering to vote may be orally challenged by any elector of the precinct, upon the ground that he is not the person entitled to vote as claimed, or has voted before on the same day, in which case the inspector or one of the judges shall tender him the following oath: "You do swear (or affirm) that you are the person whose name is entered upon the registry list of this precinct." In case such person refuse to take the oath so tendered, he shall not be allowed to vote, and the clerk of the election shall write the word "Challenged" opposite the name of each person challenged upon the registry. See sec. 1731, regarding challenge of voters in cities. 1791. Canvass to be public. SEC. 25. As soon as the polls of the election shall be finally closed the inspectors shall immediately proceed to canvass the vote given at such election; and the canvass shall be public, and continue without adjournment until completed. 1792. Manner of canvass. SEC. 26. The canvass shall commence by a comparison of the poll-lists from the commencement, and a correction of any mistake that may be found therein, until they shall be found to agree. The box shall then be opened, and the ballots contained therein taken out and counted by the inspectors, and opened so far as to ascertain whether each ballot is single; and if two or more ballots shall be found so folded together as to present the appearance of a single ballot, they shall be laid aside until the count of the ballots is completed; and if, on comparison of the count with the poll-lists and the appearance of such ballots, a majority of the inspectors shall be of the opinion that the ballots thus folded together were voted by one elector, they shall be rejected, and carefully sealed up in an envelope, upon which shall be written the reason of their rejection, and shall be signed by the inspectors, and placed back in the ballot-box, to be retained with the other ballots, as provided in section 29 of this act. 1793. Excess of ballots. SEC. 27. If the ballots in the box shall be found to exceed in number the whole number of votes on the poll-lists, they shall be replaced in the box after being purged as above, and one of the inspectors, with his back turned to the box, shall publicly draw out and destroy therefrom so many ballots, unopened, as shall equal the excess. 1794. Counting-Form of returns. SEC. 28. The ballots and poll-lists agreeing, or being made to agree, the board shall then proceed to count and ascertain the number of votes cast, and for whom cast, and when completed the clerks shall set down in their pollbooks the name of every person voted for, written at full length, the office for which such person received such votes and the number he did receive, the number being expressed in writing at full length and also in figures; such entry to be made, as nearly as the circumstances will admit, in the following form, to wit: At an election, held at the house of A. B., in the town (or precinct) of. in the county of. , and the State of Nevada, on the day of. A. D., the following-named persons received the number of votes annexed to their respective names for the following-described offices, to wit: G. H. had I. J. had votes for state superintendent of public instruction. K. L. had____votes for member of the assembly. Attest: M. N.. O. P.. Q. R.. Inspectors of Election. A. B., When no question is made as to the right of electors to vote, and no question made as to the correctness of the returns made by the inspectors of election, the failure of inspectors to take the oath of office, and C. D.. Clerks of Election. from thoughtlessness, to certify to the returns. as required by law, would not justify the exclusion of the votes. Stinson v. Sweeney, 17 Nev. 310. 1795. Inspectors shall file and make returns-Manner of delivery-Custodian-Ballots subject to inspection, when. SEC. 29. The inspectors shall file the ballots on a string, inclose and seal. the same together with one of the tally-lists and one of the poll-books, under cover, directed to the clerk of the board of county commissioners of the county in which such election was held, or such other officer as is herein provided, indorsed "Election Returns"; provided, that if said clerk of the board of county commissioners, as county clerk, or any one of the following-named county officers was voted for office at the last election, he shall not be the custodian of such election returns; but such returns shall be directed and delivered to the county officer who was not a candidate and voted for office in the following order: Second-The county recorder. Third-The county treas urer. The Fourth-The county assessor. Fifth-The chairman of the board of county commissioners. Sixth-One of the county commissioners. And said custodian shall comply with the provisions of section 30 of this act. packet thus sealed shall be conveyed by one of the inspectors or clerks of election, to be determined by lot, if they cannot otherwise agree, or by some other person to be agreed upon by the inspectors, and delivered to said clerk of the board of county commissioners, or the county officer, as herein provided, at his office, within ten days from the close of the polls. The poll-book, tally-list, certified copy of register, ballot-box and ballots thus inclosed and sealed shall, after the canvass of the votes by the board of county commissioners, be deposited in the office of the clerk of the board of commissioners, and preserved until the next general election. The other poll-book and tallylist shall be deposited with one of the inspectors of election, to be determined by lot, if not otherwise determined, agreed upon, and said poll-book and tallylist, together with the poll-book and tally-list deposited with the board of county commissioners, shall be subject to the inspection of any elector, at any time thereafter who may wish to examine the same; provided, however, that the ballots so deposited with the board of county commissioners shall not be subject to the inspection of any one, except in cases of contested elections, and then only by the judge, body or board before whom such election is being contested. As amended, Stats. 1879, 117. 1796. Canvass of votes-Certificate of election-Tie vote; recount-New election-Compensation of election officers. SEC. 30. On the tenth day (or if that day shall fall on Sunday, then on the Monday following) after the close of any election, or sooner, if all the returns be received, the board of county commissioners shall proceed to open said returns and make abstracts of the votes. Such abstract of votes for member or members of Congress shall be on one sheet; the abstract for votes for members of the legislature shall be on one sheet; and the abstract of votes for district and state officers shall be on one sheet; and the abstract of votes for county and township officers shall be on one sheet. And it shall be the duty of the board of county commissioners to cause a certificate of election to be made out by the respective clerks of said board of county commissioners to each of the persons having the highest number of votes for members of the legislature, district, county and township officers, respectively, and to deliver such certificate to the person entitled to it on his making application to said clerk at his office; provided, that when a tie shall exist between two or more persons for the senate or assembly or any other county, district or township officer, any of said persons shall have the right to demand of the board of county commissioners a recount of all the ballots cast for them for the office for which they were candidates; and provided further, that if after said recount has been had, the vote between them or any of them shall still remain a tie, the board of county commissioners shall order their clerk to give notice to the sheriff of the county, who shall immediately advertise another election, giving at least ten days' notice. And it shall be the duty of the said clerk of the said board of county commissioners of such county, on the receipt of the returns of any general or special election, to make out his certificate of election, stating therein the compensation to which the inspectors and clerks of election may be entitled by law for their services, and lay the same before the board of commissioners at their next session; and the said board shall order the compensation aforesaid, if correct, to be paid out of the county treasury. As amended, Stats. 1889, 42. Sec. 1513 provides that if any candidate for a legislative, county, or township office, has a majority of ten or less upon the canvass of the returns, the defeated candidate may demand a recount. The legislature has power to provide for the manner in which the result of an election shall be determined and declared, and their enactment in reference thereto is binding. State ex rel. Guinan v. Meder, 22 Nev. 264, 271 (38 P. 668). If the election was legal, it was the duty of the canvassers to canvass the vote and issue the certificate of election. Idem. 1797. Transmission of abstract-Penalty for failure-Justices of supreme court to canvass-In case of no choice. SEC. 31. The board of county commissioners, after making the abstract of votes as provided in section 30, shall cause their clerk, by an order made and entered in the minutes of their proceedings, to make a copy of said abstract and forthwith transmit the same to the secretary of state at the seat of government. If the board of county commissioners should neglect or refuse to make the order, as required by this act, they, and each of them, shall be guilty of a misdemeanor in office, and shall, on conviction thereof, be liable to a fine of not less than one hundred dollars or more than five hundred dollars each, and imprisonment in the county jail for not less than ten and not more than one hundred days each, or both such fine and imprisonment, and shall be removed from office. And on the third Monday of December succeeding such election, the chief justice of the supreme court and the associate justices, or a majority thereof, shall meet at the office of the secretary of state and shall open and canvass the vote for members of Congress, district and state officers; and the governor shall grant a certi ficate of election to and commission the persons having the highest number of votes, and shall also issue proclamation declaring the election of such persons. But in case there shall be no choice by reason of any two or more persons having an equal and the highest number of votes for the same office, the senate and assembly shall convene in the assembly chamber on the second Monday of February, at the next regular session of the legislature after such election, and by joint vote of both houses elect one of said persons to fill said office; provided, when an election for electors of president and vicepresident of the United States takes place, the vote thereof shall be canvassed at the same time and in the manner aforesaid. As amended, Stats. 1881, 40; 1889, 31. The constitution provides for the canvass by the justices of the supreme court, sec. 297. The canvass of the choice of the electors for United States senators is made in the same manner as for state officers, sec. 1890; Const., sec. 297. 1798. Defect or informality in returns-Certificate not withheld. SEC. 32 No certificate shall be withheld on account of any defect or informality in the returns of any election, if it can with reasonable certainty be ascertained from such returns what office is intended, and who is entitled to such certificate; nor shall any commission be withheld by the governor, or board of county commissioners on account of any such defect or informality of any returns made to the office of the secretary of state or to the board of county commissioners. 1799. Delayed returns-Messenger, compensation of. SEC. 33. If the returns of the election of any county in the state shall not be received at the office of the secretary of state on or before said third Monday of December succeeding such election, the said secretary may forthwith send a messenger to the clerk of the board of county commissioners of such county, whose duty it shall be to furnish said messenger with a copy of such returns; and the said messenger shall be paid out of the treasury of such county the sum of thirty cents for each mile he shall necessarily travel in going to and returning from said county. Whenever it shall be necessary, in the opinion of the board of county commissioners, to employ a messenger to convey the returns to the seat of government, and deliver them to the secretary of state, the person performing such service shall also be entitled to receive, as compensation, mileage at the rate of thirty cents per mile, computing the distance from the county-seat to the seat of government by the usual traveled route. 1800. District returns, how made-Abstract of votes. SEC. 34. When two or more counties are united in one senatorial, representative, or judicial district for the election of any officers, the board of county commissioners of each county shall canvass the votes, according to law, of the voters of their respective counties for said officer or officers; and the commissioners of the county whose initial is the lowest on the alphabet shall transmit to the commissioners of the county of the highest initial a copy of the abstract of the votes for such officer or officers, when the said last commissioners shall make a final abstract and aggregate of said votes, and shall proceed to cause to be issued certificates of election, and otherwise to act as is provided in this and the two preceding sections. 1801. County clerk's duties in transmitting abstract-Penalty for neglect or failure-Certificate of postmaster. SEC. 35. Whenever the returns are required to be transmitted by one clerk of a board of county commissioners to the secretary of state, it shall be the duty of such clerk, if not otherwise directed by the board of county commissioners, to deliver the same to some postmaster of the county, at the |