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ARTICLE THIRD.

OF THE DUTIES OF THE BOARD OF INSPECTORS AND CLERKS OF THE POLL.

SEC. 24. Ballot boxes how marked.

25. Separate boxes, in certain cases.

26. To be kept locked.

27. An opening for the ballots.

28. Ballots to be deposited.

29 & 30. Poll lists and their contents.

31. Inspectors when to challenge.

32. To preserve order.

33. To commit disorderly persons.

34. Commitment by whom executed.

ART. 3.

boxes.

$24. At each annual and special election the inspectors Ballot shall provide and keep a box in which all ballots required to be endorsed" State," as directed in the ninth section of this title, shall be deposited; also a box in which all ballots which are required by said ninth section to be endorsed "Judiciary," shall be deposited; also, in the proper counties, a box in which all ballots which are required by said ninth section to be endorsed "Assembly," shall be deposited; also a box in which · all ballots which are required by said ninth section to be endorsed "Senate," shall be deposited; also a box in which all ballots which are required by said ninth section to be endorsed "Congress," shall be deposited.

$25. When electors of president and vice-president are to г. be chosen, or amendments of the constitution proposed, separate boxes shall in like manner be provided, in which shall be deposited the ballots for such electors, and on such proposed amendments.

$26. Each box shall be provided with a sufficient lock, and Ib. shall be locked before the opening of the poll, and the keys thereof delivered to one of the inspectors, to be appointed by the board, and shall not be opened during the election, except in the manner and for the purposes hereinafter mentioned. $27. An opening shall be made in the lid of each box, not П. larger than shall be sufficient for a single closed ballot to be inserted therein at one time, through which each ballot received, proper to be placed in such box, shall be inserted. $28. When the board shall have finally received the ballot Ballots of an elector, one of the inspectors, without opening the same, or permitting it to be opened or examined, shall deposit it in the box corresponding in title with the endorsement of the ballot.

deposited.

$29. Each clerk of the poll shall keep a poll list, which shall Poll lists. contain one column headed "Names of voters," and so many additional columns as there are boxes kept at the election. The heading of each additional column shall correspond with the name of one of the boxes so kept.

$30. The name of each elector voting shall be entered by . each clerk in the column of his poll list, headed "Names of voters;" and when there shall be more than one box kept,

TITLE 4. opposite such name shall be written the figure 1, in each remaining column of such poll list, corresponding in its heading with the name of a box in which a ballot of the elector shall have been deposited.

Inspectors to challenge

To preserve order.

Ib.

Ib.

Canvass,

when and

$31. It shall be the duty of each inspector to challenge every person offering to vote, whom he shall know or suspect not to be duly qualified as an elector.

$32. The board of inspectors shall possess full authority to maintain regularity and order, and to enforce obedience to their lawful commands, during an election, and during the canvass and estimate of votes, after the closing of the poll; and shall have full authority to preserve peace and good order at and around the polls of the election, and to keep the access thereto open and unobstructed; and may appoint one or more electors to communicate their orders and directions, and to assist in the performance of the duties in this section enjoined.

S33. If any person shall refuse to obey the lawful command of the inspectors, or by disorderly conduct in their presence or hearing shall interrupt or disturb their proceedings, they may make an order directing the sheriff, or any constable of the county, to take the person so offending into custody, and detain him until the final canvass of the votes shall be completed; but such order shall not prohibit the person so taken into custody from voting at such election.

S34. Such order shall be executed by any sheriff or constable, to whom the same shall be delivered; or if none shall be present, by any other person deputed by such board in writing.

ARTICLE FOURTH.

OF THE CANVASS AND ESTIMATE OF THE VOTES BY THE BOARD OF
INSPECTORS.

SEC. 35. Canvass, when to be made.

36. Poll lists to be compared.
37. Ballots to be counted.

38. When found in the wrong box.

39. Excess to be destroyed.

40. Canvass and estimate of votes.

41. Excess to be destroyed.

42. Statement of result.

43. Like of presidential electors.

44. Form of statement.

45. Copy to be filed.

46. Poll lists to be filed.

47. Ballots to be destroyed.

48. Statements given to supervisor.

$35. As soon as the poll of an election shall have been how made. finally closed, the inspectors of the said election, in their several districts, shall proceed to canvass the votes. Such canvass shall be public, and shall not be adjourned or postponed until it shall have been fully completed.

ART. 4. Compari

$36. The canvass shall commence by a comparison of the poll lists from the commencement, and a correction of any son of poll mistakes that may be found therein.

lists.

be counted.

$37. Each box being opened, the ballots contained therein Ballots to shall be taken out and counted unopened, except so far as to ascertain that 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 destroyed, if the whole number of ballots exceed the whole number of votes, and not otherwise.

$38. No ballot properly endorsed, found in a box different I. from that designated by its endorsement, shall be rejected, but shall be counted in the same manner as if found in the box designated by such endorsement, provided that, by the counting of such ballot or ballots, it shall not produce an excess of votes over the number of voters, as designated on the poll lists.

be des

$39. If the ballots shall be found to exceed in number the Excess to whole number of votes on the correspondent columns of the troyed. poll lists, they shall be replaced in the box, and one of the inspectors shall, without seeing the same, publicly draw out and destroy so many ballots, unopened, as shall be equal to such excess.

votes.

be des

§ 40. The board shall then proceed to canvass and estimate Estimate of the votes. $41. If after having opened or canvassed the ballots, it Excess to should be found that the whole number of them exceeds the troyed. whole number of voters entered on the poll lists, the inspectors shall return all the ballots into the box, and shall thoroughly mingle the same; and one of the inspectors, to be designated by the board, shall publicly draw out of such box, without seeing the ballots contained therein, so many of such ballots as shall be equal to the excess, which shall be forthwith destroyed.

of result to

§ 42. The canvass shall be completed by ascertaining how Statement many ballots of the same kind, corresponding in respect to the be made. names of persons thereon and the offices for which they are designated, have been received; and the result being found, the inspector shall securely attach to a statement of such canvass one ballot of each kind found to have been given for the officers to be chosen at such election, any or either of them, except those given for electors of president or vice-president; and they shall state in words at full length, immediately opposite such ballot, and written partly on such ballot and partly on the paper to which it shall be attached, the whole number of all the ballots that were received which correspond with the one so attached, so that one of each kind of the ballots received at such election for the officers then to be chosen, shall be attached to such paper, with a statement of such canvass. They shall also attach to such paper, the

TITLE 4. original ballots rejected by them as being defective, which were given at such election.

Canvass and statement of votes for president and vicepresident.

Form of statement.

Copy to be filed.

Poll lists to be filed.

Ballots to be destroyed.

Original

statements

ered to su

S43. When electors of president and vice-president shall be chosen at any election, the inspectors shall make a separate canvass and statement of votes given for electors, in the manner prescribed in the last preceding section, by ascertaining how many ballots of the same kind, corresponding in respect to the names thereon, have been received; and the result being found, the inspectors shall securely attach to paper one original ballot of each kind found to have been given for electors, and shall state, in words at full length opposite such ballot, and written partly thereon, and partly on the paper to which it shall be attached, the whole number of ballots for electors, that were found to have been received, corresponding with the one so attached. They shall also attach to such paper all original ballots for electors, rejected by them as being defective.

S44. The statements to be made by the inspectors shall contain a caption, stating the day on which, and the number of the district, the town or ward, and the county at which the election was held, in relation to which such statement shall be made; it shall also contain a statement showing the whole number of ballots taken for each person, designating the office for which they are given, which statement shall be written in words at length; and at the end thereof, a certificate that such statement is correct in all respects; which certificate shall be subscribed by the inspectors.

S45. A true copy of the several statements made by the inspectors, shall be made and certified by them, and immediately filed by them, in the office of the clerk of the town or city.

$46. The poll lists kept at such election shall be filed by the inspectors, or one of them, in the office of the clerk of the town or city in which such election was held, and shall be there preserved.

$47. The remaining ballots not so pasted or attached, shall be destroyed, and the board of inspectors shall be dissolved. S48. The original statements, duly certified, shall be delivto be delivered by the inspectors, or by one of them to be deputed for pervisors. that purpose, to the supervisor of the town or ward, within twenty-four hours after the same shall have been subscribed. If there be no supervisor, or he shall be disabled from attending the board of county canvassers, such original statements shall be delivered to one of the assessors of the town or ward in which such election was held.

TITLE V.

OF THE FINAL CANVASS, AND THE MODE OF DECLARING AND
CERTIFYING THE RESULT.

ART. 1.—Of the board of county canvassers, and their proceedings.

ART. 2. — Of the duties and proceedings of the county clerk.

ART. 3. Of the duties of the secretary of state, previous. to the meeting of the

state canvassers.

ART. 4. — Of the formation and proceedings of the board of state canvassers.

ART. 5. — Of the subsequent duties of the secretary of state.

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ARTICLE FIRST.

OF THE BOARD OF COUNTY CANVASSERS AND THEIR PROCEEDINGS. SEC. 1. Board how formed.

2. When and where to meet.

3. Secretary to the board.

4. Oath to the canvassers.

5. Quorum of the board.

6. Estimate of votes to be made.

7. Separate statements to be made. 8. What to contain.

9. Each to be certified.

10. When to decide who is elected.

11. Statement to be published.

12. Absence of a canvasser.
13 & 14. Absence of a majority.

15. What mistakes may be corrected.

ART. 1.

$1. The supervisors or assessors, to whom the original Board, how statements of the canvass of votes in the towns or wards, to composed. which they respectively belong, shall have been delivered, shall form the county board of canvassers.

when to

$2. They shall meet at the office of the clerk of the county, Where and on the Tuesday next following the election, before one o'clock meet. in the afternoon of that day, in all the counties of this state except the county of Hamilton, which shall meet on the first Friday next following said election, and shall choose one of their number as chairman.

$3. The clerk of the county, or in his absence his deputy, Secretary. shall be secretary of the board.

$4. The chairman shall then administer the constitutional oath. oath to each member of the board, and the same oath shall be administered to him by the secretary.

$5. The major part of the supervisors or assessors to whom Quorum. the original statements of the canvass in the several districts in their towns or wards shall have been delivered, shall be a sufficient number to constitute a board.

votes to be

$6. The original statements of the canvass in each district Estimate of shall then be produced, and from them the board shall proceed made. to estimate the votes of the county, and shall make such statements thereof as the nature of the election shall require; such statements shall then be delivered to and deposited with the county clerk.

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