SEC. 17. Ballot box. 18. Ballot box to be examined before elections. 19. Adjournment of the polls; clerks to compare poll lists. 20. Poll list to be locked in the ballot box, &c. 21. Judge to keep the key of ballot box; box, how to be opened. 22. Duty of judge to challenge. 23. Judges, however, to fine, &c. TITLE 2. when and elected. SEC. 3. A general election shall be held in the several election Elections, precincts in this territory, on the first Monday of June in each year, where held. at which there shall be chosen so many of the following officers as are by law to be elected in such year; that is to say: A delegate Officers to be to Congress, members of the territorial Council and House of Representatives, judges of probate, district attorneys, county superintendents, county commissioners, sheriffs, county treasurers, coroners, justices of the peace, county assessors, constables and all other county, precinct and district officers not herein enumerated or otherwise provided for. of judges of SEC. 4. It shall be the duty of the county commissioners, at their Appointm'nt regular session in April preceding the general election, to appoint election. three capable and discreet persons, possessing the qualifications of electors, to act as judges of the election at each election precinct, and said commissioners shall also set off and establish election precincts or districts when it may be necessary; and the clerk of the said board of commissioners shall make out and deliver to the sheriff of the county, immediately after the appointment of the said judges, a notice thereof in writing, directed to the judges so appointed and it shall be the duty of the said sheriff, within twenty days after the receipt of the said notices, to serve the same upon each of the said judges of the election. If in any precinct, any of such judges do not serve, the voters of said precinct may elect a judge or judges to fill the vacancy on the morning of the election. election. SEC. 5. The said judges shall choose two persons, having simi- b. clerks of lar qualifications with themselves, to act as clerks of the election. The said judges shall be and continue judges of all elections of civil officers, to be held at their respective precincts, until other judges shall be appointed as hereinbefore directed; and the said clerks of Their term election may continue to act as such during the pleasure of the of office. judges of election; and the county commissioners shall, from time to time, fill all vacancies which may occur in the office of judges of election, at any election precinct within their respective counties. SEC. 6. The clerks of the several boards of county commission- Notice ers shall, at least forty days before any general election, and at least elections. twenty days previous to any special election, make out and deliver to the sheriff of his county, or to a justice of the peace of any county attached for judicial purposes, three written notices thereof for each election precinct, said notices to be, as nearly as circumstances will admit, as follows: of Notice is hereby given, that on the first Monday, the day Form of noof June next, at the house of -, in the town, district, or pre- tice. cinct of an election will be held in the county of for territorial, county, town, or district officers, (naming the offices TITLE 2. posted sheriff. by to be filled, as the case may be,) which election will be held at nine o'clock in the morning, and will continue until six o'clock in the afternoon of the same day. Dated this day of (as the case may be.) (Signed,) A. B., A. D., Clerk of the Board of County Commissioners. Notice to be SEC. 7. The sheriff aforesaid, to whom such notices shall be delivered as aforesaid, shall put up in three of the most public places in each town or precinct, the notices referring to such town or precinct, at least twenty days previous to the time of holding any general election, and at last eight days previous to the time of holding any special election; and in cases where towns and precincts may not be set off by law as election precincts, said notices shall be posted as follows:-one at the house where the election is authorized to be held, and the others at two of the most public and suitable places in that vicinity or settlement. Oath judges of and SEC. 8. Previous to votes being taken, the judges and clerks of clerks. the elections shall severally take an oath in the following form; to wit: I, A. B., do solemnly swear (or affirm, as the case may be) that I will perform the duties of judge of the election, (or clerk, as the case may be,) according to law and the best of my ability; that I will studiously endeavor to prevent fraud, deceit and abuse, in conducting the same. ministered. Ib., how ad- SEC. 9. In case there shall be no judge, or justice of the peace, present at the opening of the election, or in case such judge or justice shall be appointed judge or clerk of the election, it shall be lawful for the judges of the election, and they are hereby empowered, to administer the oath to each other, and to the clerk of the election; and the person administering the oaths shall cause an entry thereof to be made and subscribed by him, and prefixed to the poll books. Opening and closing polls. Proviso. Poll books. SEC. 10. At all elections to be held under this chapter, the polls shall be opened at the hour of nine o'clock in the forenoon, and continue open until six o'clock in the afternoon of the same day, at which time the polls shall be closed: Provided, that the judges of election, if they deem it necessary for the purpose of receiving the votes of all the electors wishing to vote, may postpone the closing of the polls until seven o'clock, P. M.; and upon opening the polls, one of the clerks, under the direction of the judges, shall make proclamation of the same; and thirty minutes before the closing of the polls, proclamation shall be made in like manner that the polls will be closed in half an hour; but the board may, in their discretion, adjourn the polls at twelve o'clock at noon for one hour, proclamation of the same being made. SEC. 11. It shall be the duty of the clerks of the several boards of county commissioners, to furnish one of the judges of every election precinct in the county with two poll books, at least five days before the time of holding any election. SEC. 12. Every elector shall, in full view, deliver to one of the judges of the election, a single ballot, or piece of paper, on which to deliver shall be written or printed the names of the persons voted for, with TITLE 2. a pertinent designation of the office which he or they may be in- Elector, how tended to fill; said ballot may be open or folded, as the voter may ballot. choose. of judge on re lot. name to be vote. to SEC. 13. The judge, to whom any ticket may be delivered, shall, Duty upon the receipt thereof, pronounce, with an audible voice, the ceiving balname of the elector; and if no objection be made to him, and the judges be satisfied that the elector is legally entitled to vote, he shall immediately put the ticket in the box, without inspecting the names thereon, if it be a folded ballot; and the clerks of the election Elector's shall enter the name of the elector and number, in the poll book. entered. SEC. 14. It shall be lawful for any elector to vote for delegate to Where Congress, at any place of holding an election within this territory; for members of the Council and House of Representatives, at any place of holding an election in the district in which he may reside; for county officers, at any place of holding an election in the county in which he resides; but for town or precinct officers, he shall not vote out of the town or precinct in which he resides: Provided, That an elector qualified to vote for a part, and not all, of the officers to be chosen at any election, shall vote an open ticket, that the judges may determine the legality of such vote. SEC. 15. If any person offering to vote shall be challenged as Challenge. unqualified, by any judge or clerk of the election, or by any other person entitled to vote at the same poll, the judges shall declare to the person so challenged, the qualification of an elector; if such person shall then state himself duly qualified, and the challenge shall not be withdrawn, one of the judges shall then tender to him the following oath; "You do solemnly swear (or affirm, as the Oath. case may be) that you are twenty-one years of age; that you are a citizen of the United States, (or that you have declared your intention to become a citizen, conformable to the laws of the United States and of this territory on the subject of naturalization;) and that you have resided six months in the territory, and fifteen days in the county, next preceding the election; and that you have not voted at this election;" and if any person so challenged shall refuse to take such oath so tendered, his vote shall be rejected: Provided, That in case any person wishes to vote for delegate only, the fifteen days' residence in the county need not be sworn to. rejected. SEC. 16. If any person so offering such vote shall take such Vote, when oath, his vote shall be received, unless it shall be proven by evidence, satisfactory to a majority of the judges, that he does not possess the qualification of an elector, in which case a majority of said judges are authorized to reject such vote; and if any person shall take such oath, knowing it to be false, he shall be deemed False oath. guilty of wilful and corrupt perjury; and shall, on conviction, suffer such punishment as now is or hereafter shall be prescribed by law for persons guilty of perjury. And if any person shall voting. vote at any election who is not a qualified voter, he shall forfeit and pay for the use of the county in which such election shall take place, a sum not exceeding fifty, nor less than twenty-five dollars, to be sued for and recovered in the name of the county commis Unqualified TITLE 2. sioners, by a civil action, before any justice of the peace in such county. Ballot box. How con SEC. 17. There shall be provided and kept by the judges of each election precinct, (at the expense of the county,) a suitable ballot-box, with a lock and key. SEC. 18. There shall be an opening through the lid of such box, structed. of no larger size than shall be sufficient to admit a single folded ballot. Before opening the polls, the ballot-box shall be carefully To be exam-examined by the judges of the election, that nothing may remain therein; it shall then be locked, and the key thereof delivered to one of the judges, to be designated by the board, and shall not be opened during the election, except in the manner and for the purposes hereinafter mentioned. ined. Adjourn lists to be SEC. 19. At each adjournment of the polls, the clerks shall, in ments Poll the presence of the judges, compare their respective poll lists, comcompared. pute and set down the number of votes, and correct all mistakes that may be discovered, according to the decision of the board, until such poll lists shall be made in all respects to correspond. Poll list to be lot box. SEC. 20. The ballot box shall then be opened, and the poll lists placed in bal-placed therein; and such box shall then be locked, and a covering with a seal placed on the opening in the lid of such box, so as to entirely cover the same, and the key delivered to one of the judges and the box to another, to be designated by the board. Key of ballot box, how SEC. 21. The judge having the key shall keep it in his own poskept; box, session, and deliver it again to the board at the next opening of the how opened. poll: and the person 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 judges at the next opening of the polls, when the scal shall be broken, the box opened, the poll lists taken out, and the box again locked. Judge to SEC. 22. It shall be the duty of each judge of the election, to challenge. challenge every person offering to vote, whom he shall know or suspect not to be qualified as an elector. Power judge. of SEC. 23. For the preservation of order, the judges are hereby authorized to enforce a fine not exceeding fifty dollars, on any person or persons who shall conduct in a disorderly or riotous manner at the polls, and shall persist in such conduct after having been warned of the consequences, and on refusal to pay the same, to commit him or them to the common jail of the county for any time not exceeding six days, or until the fine shall be paid; and the constables, sheriffs, deputy sheriffs and jailors, are hereby required to execute said order as though it had been issued by a magistrate in due form of law. If no constable, sheriff or deputy be present, the judges may appoint a special constable, or constables to execute their orders, TITLE III. Of the Canvass of the Judges. SEC. 24. Canvass to be public. 25. How commenced; counting votes, &c. 26. When ballots exceed poll lists, excess of ballots to be destroyed. 27. Statement of result to be in writing. 28. Disposition of poll books, returns in unorganized counties. SEC. 24. As soon as the polls of the election shall be finally closed, the judges shall immediately proceed to canvass the vote given at such election, and the canvass shall be public, and continue without adjournment until completed. TITLE 8. Canvass how conducted. SEC. 25. The canvass shall commence by a comparison of the Canvass. poll lists from the commencement, and a correction of any mistake that may be found therein, until they shall be found or made to agree. The box shall then be opened, and the ballots contained therein taken out and counted by the judges, unopened, except so far as to ascertain whether each ballot is single; and if two or more Double balballots 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 ballot is completed; and if, on a comparison of the count with the poll lists, and the appearance of such ballots, a majority of the judges shall be of opinion that the ballots thus folded together were voted by one elector, they shall be destroyed. lots. Destruction of certain ballots. bal lots exceed SEC. 26. If the ballots in the box shall be found to exceed in When number the whole number of votes on the poll lists, they shall be poll lists. replaced in the box, after being purged as above, and one of the judges shall publicly draw out, and destroy therefrom so many ballots unopened, as shall be equal to such excess. SEC. 27. The ballot and poll lists agreeing, or being made to Count votes. agree, the board shall then proceed to count and ascertain the number of votes cast, and the clerks shall set down in their poll books 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 at full length-such entry to be made, as nearly as circumstances will admit, in the following form, to wit: the At an election held at the house of A. B., in the town, district or Certificate. precinct of, in the county of and territory of Oregon, on day of, A. D. A. D., the following named persons received the number of votes annexed to their respective names, for the following described offices, to wit: A. B. had C. D. had E. F. had votes for delegate to Congress; -votes for member of the Legislative Council; (and in like manner, for any other person voted for.) SEC. 28. The judges of election shall then enclose and seal one Poll books, of the poll books under covers, directed to the clerk of the board how dis posed of. |