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Ch. 32)

Polling Places—Supplies

99

election in the precinct as shown by the votes cast for the first set of candidates on the state ticket; two judges and two clerks from the party polling the next highest number of votes; two judges from the party polling the third highest number of votes; provided, such third party polled one-tenth of the total vote polled in the county at the preceding election, otherwise the party polling the highest number of votes at the last general election shall be entitled to four judges and two clerks. Except that in precincts where less than one hundred votes were cast at the last general election, the clerk of the district court shall select from the above mentioned lists one judge and one clerk from the political party polling the highest number of votes at the last general election in the precinct, as shown by the vote cast for the first set of candidates on the state ticket; one judge and one clerk from the party polling the next highest number of votes; one judge from the party polling the third highest number of votes; provided, such third party polled one-tenth of the total vote polled in the county at the preceding election, otherwise the party polling the highest number of votes at the last general election shall be entitled to two judges and one clerk. Two or more parties voting for the same set of candidates in general shall be considered as one party. The said clerk of the district court shall designate which of said judges and clerks shall constitute the counting board of five and also receiving board of five, in proportion on each board as to party affiliations as said Judges and Clerks are appointed as above.

2008 Sec. 70. Polling places-supplies.-All officers upon whom is imposed by law the duty of designating the polling places shall provide each polling place designated by them with a sufficient number of places, booths or compartments, which shall be furnished with such supplies and conveniences as shall enable the voter conveniently to prepare his ballot for voting, and in which electors may secretly mark their ballots, and shall place a guard rail so constructed that only persons within such rail can approach within twelve feet of the ballot boxes of voting booths or compartments herein provided for. In precincts required by law to have the counting election board; the county shall provide an enclosed compartment for the use of the said counting board. In county precincts where a sufficiently large room cannot be obtained, the guard rail may be placed six feet or more from the ballot boxes or booths.

2010 Sec. 72. Persons permitted within guard rail.-No persons other than electors engaged in receiving, preparing or depositing ballots, the judges and clerks of election, and one qualified elector of the voting precinct as a representative of each of the political parties, for the purpose of challenging illegal voters, shall be permitted to be within said rail, or counting compartment.

Sec. 2039. Before any ballot shall be deposited in the ballot box, the ballot box shall be publicly opened and exhibited, and the judges and clerks shall see that no ballot is in such box; after which the box shall be locked and the key delivered to one of the judges, and shall not be again opened until the close of the polls; and the ballot box shall not be removed from the view of the electors present until the polls are closed and all the votes shall have been counted and canvassed, except in precincts required by law to have the counting election board. Except that in Counties having an Election Commissioner, at State Primary and General State Elections, the ballot-box may be opened by the Election Board between the hours of 2 and 5 o'clock P. M. for the purpose of counting ballots. In such case a second ballot-box shall be provided and used for the ballots cast from 5 to 8 o'clock p. m.

2063 Sec. 125. Canvas of vote-county board. When the poll is closed the judges shall immediately proceed to canvass and ascertain the result of the election, except in such precincts as are required by law to have a counting election board. In such precincts the canvass of votes shall be carried on as follows:

Four hours after the opening of the polls the election board shall deliver to the counting election board the ballot box and they shall proceed with the canvass. Having canvassed the votes in a ballot box, they shall return the empty ballot box to the judges and exchange for the box containing ballots cast since taking possession of the first ballot box, provided as many as twenty-five ballots have been cast therein. They shall continue to exchange ballot boxes in the same manner during the day until the polls are closed and all ballots have been counted.

2064 Sec. 126. Canvass-how made. The canvass shall be public, except in such precincts as are required to have a counting election board and counties having an election commissioner

Ch. 32)

Election-Canvas-Returns

101

and shall commence by a comparison of the poll lists from the beginning, and a correction of any errors that may be found therein until they agree. The ballot box shall then be opened and the ballots, without being unfolded, shall be counted by the judges. If the whole number of votes cast shall exceed the number of persons voting, as shown by the poll books, the said ballots shall then be replaced in the ballot box, the box locked, and the ballots therein thoroughly shaken. The box shali then be opened, and one of the judges shall draw from the box as many ballots as there shall have been cast exceeding the num ber as shown by the poll books, and the number so withdrawn shall without unfolding, be placed in a separate envelope, sealed, marked "excessive ballots," and sent with other returns of elections to the county clerk in the manner hereinafter provided, except in precincts required to have a double election board where the procedure shall be as follows:

When every such exchange of ballot boxes is made, as described in Section 2063 as amended by this Act, and the receiving board shall furnish to the counting board a statement, signed by the receiving judges, showing the number of ballots that are to be found in each ballot box and indicated by the poll list. The counting board shall then proceed in the manner now prescribed by law to determine the number of ballots in the ballot boxes as received by them, compare the same with the number shown on the list furnished by the receiving board and dispose of any excess ballots in the manner now provided by law. The counting board shall then proceed to count and record the votes as provided by law.

Except that in Counties having an Election Commissioner, at State Primary and General State elections, that part of the canvass which takes place between the hours of 2 and 5 o'clock P. M. shall not be public but shall be open to a duly accredited representative from each political party in each voting precinct. Such representatives of political parties and all election officials shall subscribe to an oath that they will not divulge to anyone the result of such canvass. In violation of said oath they shall be subject to a fine of not more than $500.00.

2065 Sec. 127. Announcing result returns. The poll books shall then be signed by the judge and attested by the clerks, and the names therein contained shall be counted, and the number set down at the foot of the poll books.

The re

ceiving board shall upon the closing of the polls certify to all matters pertaining to casting of ballots, and shall thereupon turn over all ballots, ballot boxes, poll books and all other material to the counting boatd. The counting board shall thereupon complete the canvass. and certify to all matters pertaining to the canvass and counting of votes. Except that in Counties having an Election Commissioner, at State Primary and General State elections; that part of the canvass which takes place between the hours of 2 and 5 o'clock P. M. shall not be public but shall be, open to a duly accredited representative from each political party in each voting precinct. Such representatives of political parties, and all election officials, shall subscribe to an oath that they will not divulge to anyone the result of such canvass. In violation of said oath they shall be subject to a fine of not more than $500.00.

2075 Sec. 137. Returns canvass watchers. a. Upon the completion of the canvass, the judges of election shall seal up in a package all the ballots counted, together with ballots marked as rejected, and mark the same "ballots cast." They shall also enclose one of the poll books in an envelope or cover, and seal the same. The poll book thus sealed, the packages marked "ballots cast" and "excessive ballots," if any there be, shall be securely bound together and directed to the county clerk. The packages thus bound together shall be conveyed to the county clerk by one of the judges or clerks of election, immediately after the completion of said canvass of the votes. shall in addition, certify upon an official blank provided by the county clerk, the total number of votes cast for each candidate or proposition voted on in such precinct. The clerk shall give a receipt stating that the poll books and ballots have been received and deposited with him.

b. Watchers may be appointed to be present and watch the counting of ballots as now provided by law. Such counting judges and their clerks and watchers must in addition to the oath now prescribed for judges, clerks and watchers take an oath administered by one of the said counting judges, who are hereby empowered to administer oaths, that they will not in any manner make known to any one the result of the votes as they are being counted until the polls have closed, provided, that all other persons shall be excluded from the place where such counting and canvassing is being carried on until the close of

Ch. 32, 33)

Presidential Electors

103

the polls. Any such judge, clerk or watcher violating any of the provisions of this act shall be guilty of a misdemeanor and, upon conviction thereof shall be liable to a fine of not more than five hundred dollars or be imprisoned in the county jail not more than six months, or to both said fine and imprison'ment, and any person so convicted shall be disfranchised for five years thereafter.

Sec. 2. Repeal. That said original Sections 1971, 1972, 2008, 2010, 2039, 2063, 2064, 2065 and 2075, Revised Statutes for 1913, are hereby repealed.

Approved, April 20, 1917.

CHAPTER 33.

(House Roll No. 193.)

[Introduced by Messrs. Taylor, Fries, Dorsey, Bates, Peterson, Fultz, Trumble, Cronin and Ollis, and Senator Hammond.]

AN ACT to amend Sections 1964, 2207, 1968, 2271, 2077, 2081, 2083, 2084 and 2090, Revised Statutes of 1913, Section 2020, Revised Statutes 1913, as amended by Section 8, Chapter 31, Session Laws of 1915, and Section 1990, Revised Statutes of 1913 as amended by Section 1, Chapter 31, Session Laws of 1915, relating to Presidential Electors, and to repeal said original sections; also to repeal sections 2149 and 2150, Revised Statutes of 1913.

Be it Enacted by the People of the State of Nebraska:

Section 1. Amendment.-That Section 1964, Revised Statutes of 1913, is hereby amended to read as follows:

1964 Sec. 26. Elections-presidential electors-how chosen. In the year nineteen hundred and twenty and every four years. thereafter, the Governor shall appoint as electors of President and Vice-president, those persons selected in the preceding delegates state convention by the political party whose candidates for President and Vice-President received the highest number of votes at the general election held in the within year and years, on such day as congress may appoint.

Sec. 2. Amendment.-That Section 2207, Revised Statutes of 1913, is hereby amended to read as follows:

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