as nearly in the form prescribed as practicable, with the word "Substitute," printed in brackets, immediately under the facsimile signature of the clerk preparing such ballots, and upon receipt of ballots thus prepared from such clerk, accompanied by a statement under oath that the same have been so prepared and furnished by him, and that the original ballots have so failed to be received, or have been destroyed or stolen, the election judges shall cause the ballots so substituted to be used at the election. If from any cause none of the official ballots nor substitute ballots prepared by the county, or city or town clerk, as herein prescribed, shall be ready for distribution at any polling place, or if the supply of ballots shall be exhausted before the polls are closed, unofficial ballots, printed or written, made as nearly as possible in the form of the official ballots, may be used until substitutes prepared by the clerk, as provided in this section, can be printed and delivered. [L. '91, p. 153, §22.

2245. Ballots printed and distributed at public expense.-Sec. 110. All ballots cast in elections for public officers or for the decision of any question submitted to electors, within this state, shall be printed and distributed at public expense. The printing of ballots and cards of instruction for the voters in each county, and the delivery of the same to the election officers as hereinafter provided, shall be a county charge, the payment of which shall be provided for in the same manner as the payment of other county expenses, but the expense of printing and delivering ballots and cards of instruction to be used in municipal elections shall be a charge upon the city or town in which such election shall be held. [L. '91, p. 143, §1.

HEADLESS BALLOT.

AN ACT

CONCERNING THE OFFICIAL BALLOT AND THE METHOD OF VOTING AT ELECTIONS IN THIS STATE, FIXING PENALTIES FOR THE VIOLATION OF THE PROVISIONS THEREOF, AND TO REPEAL ALL ACTS AND PARTS OF ACTS INCONSISTENT THEREWITH.

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

Section 1. That from and after the adoption of this act no emblem, device or political party organization designation shall be used on the official ballot at any election, by which a voter may vote. for more than one candidate by placing a single cross-mark on the ballot or by writing therein any political party or organization name or other name or political designation. The official printed paper ballot used at elections shall be arranged and pre

pared as now provided by law, except across the head or top of the ballot shall be printed only the following words: "To vote for a person, make a cross mark (X) in the square at the right of his name." And in order to vote for any candidate whose name appears upon such ballot the voter shall place a cross-mark (X) in the square at the right of his name.

Section 2. If any ballot machine or other mechanical device is permitted to be used in any election precinct at any election in place of the printed paper ballot, the arrangement of the offices and candidates therefor upon such ballot machine shall be identical with such arrangement as now provided by law and as printed upon the printed paper official ballots used at elections, and such voting machine or mechanical device shall not be permitted to enable the voter to vote a straight political party or organization ticket or for more than one person by the operation of any one counter, knob, crank or movement of a single device, but shall be so constructed, arranged and manipulated as to require the voter to vote for each candidate for public office for whom he desires to vote by the operation by the voter of a single counter, knob, crank or other device after the name of each candidate, which shall be simply and safely manipulated to vote singly for each of such candidates.

Provided, that nothing herein shall be construed to forbid printing after the name of each candidate the name of the political party upon whose party ticket such candidate may have been nominated for such office; and provided, further, that it shall be the duty of the officials at any election preparing and distributing ballots therefor to have a brief statement of instructions printed and placed at the head or across the top of such ballot machine in plain view instructing the voter how to manipulate the counters or knobs separately after the names of the candidates respectively in order to vote singly for such candidates.

Section 3. No election official or other person shall be allowed to enter any election booth for the purpose of assisting the voter in preparing his ballot, or for any other purpose while the booth is occupied by a voter, except in case of absolute and total physical disability on the part of the voter that makes it impossible for the voter to mark his ballot or to operate such machine. Then and in that case the voter shall first state under oath his physical disability. Said writing shall be prepared and the oath administered by an election judge. After the total physical disability has been stated in writing and duly sworn to, two judges, or a judge and clerk, each of opposite political faith, shall then accompany the voter into the booth and mark his ballot or operate such machine as he (the voter) shall indicate. A nota

tion shall be made in the poll books opposite the name of each Said voter thus assisted, stating that the voter has been assisted. oath shall be retained by the election officials and filed with their returns at the time the election returns are made, and said oath shall be held by the election officials with whom so filed for the inspection of any person during regular office hours.

Any person who shall falsely make oath that he is totally physically disabled as herein defined, shall be guilty of perjury and punished accordingly, and any person who shall administer said oath, knowing the same to be false, shall be guilty of subornation of perjury and punished accordingly.

Section 4. Nothing herein contained shall be construed to refer to the method or methods of voting at primary elections, which method or methods shall be as provided by those provisions of the statutes of the state concerning the method or methods of voting at primary elections.

Section 5. Any person, firm or corporation violating any of the provisions of this Act shall be deemed guilty of a misdemeanor, except as otherwise herein provided, and upon conviction thereof, shall be subject to a fine of not less than Five Hundred ($500.00) Dollars, or imprisonment in the county jail not less than six months, or both.

Section 6. All acts and parts of acts inconsistent with this act are hereby repealed.

2246. Hours of voting.-Sec. 111.

constables.

Fees of constables-Special constables.

At all elections held un

der this act, the polls shall be opened at seven o'clock in the

morning, and continue open until seven o'clock in the evening of the same day; Provided, however, That if a full board of judges of election shall not attend at the hour of seven o'clock in the morning, and it shall be necessary for the electors present to appoint judges to conduct the election as provided by law, the election may in that event commence at any hour before the time for closing the polls shall arrive, as the case may require. Upon the opening of the polls, proclamation shall be made by one of the clerks, and thirty minutes before the closing of the polls proclamation shall be made, in like manner, that the polls will close in thirty minutes. [L. '91, p. 165, §41.

2247. Polls kept open till evening.-Sec. 112. The polls at any election shall not be closed after once being opened, until they are finally closed in the evening. [G. S., 1197; G. L., §973.

2248. Judges open ballot box before proclamation to open polls. -Sec. 113. It shall be the duty of the judges of election, immediately before proclamation is made of the opening of the polls, to open the ballot box in the presence of the people there assembled and turn it upside down so as to empty it of everything that may be in it, and then lock it securely; and it shall not be reopened until for the purpose of counting the ballots therein at the close of the election. [G. S., §1193; G. L., §969.

[See, also, ch. 76, S. L. 1913, p. 142 herein.]

No vote received unless name registered.-Sec. 114. No vote shall be received at any election unless the name of the person offering to vote shall be found on the said certified regis try list. [G. S., $1262; G. L., §1038.

2250. Rules for judges in admitting votes.-Sec. 115. The judges of election in determining the residence of a person offer ing to vote, shall be governed by the following rules, so far as they may be applicable:

First-That place shall be considered and held to be the residence of a person in which his habitation is fixed, and to which, whenever he is absent, he has the intention of returning.

Second-A person shall not be considered or held to have lost his residence who shall leave his home and go into another state, territory or county of this state, for temporary purposes merely, with an intention of returning.

Third-A person shall not be considered or held to have gained a residence in this state, or in any county in this state, when retaining his home or domicile elsewhere.

Fourth-If a person remove to any other state, or to any of the territories, with the intention of making it his permanent residence, he shall be considered and held to have lost his residence in this state.

.

Fifth-If a person remove from one county, precinct or ward in this state to any other county, precinct or ward in this state, with the intention of making it his permanent residence, he shall be considered and held to have lost his residence in the county, precinct or ward from which he removed. [G. S., §1186; G. L., $962.

2251. Clerks keep poll list-Form.-Sec. 116. Each clerk of the election shall keep a poll list which shall contain one column headed, "Names of voters," and one column headed, "Number on ballot." The name and the number on the ballot of each elector voting shall be entered by each clerk in regular succession under the said headings in his poll list. [G. S., §1196; G. L., §972.

2252. Preparation of ballot by election officials-Watchers and challengers.-Sec. 117. Any person desiring to vote shall give his name, and, if requested so to do, his residence, to one of the judges of election, who shall thereupon announce the same in a loud and distinct tone of voice, clear and audible, and if such name is found upon the registry list by the election judge or clerk having charge thereof, he shall likewise repeat the said name, and the voter shall be allowed to enter the space enclosed by the guard rail, as above provided. An election judge or clerk shall give him one, and only one, ballot, which shall be removed from the package of ballots by tearing the same along the perforated line between the stub and duplicate stub, and before delivering such ballot to the voter, the judge or clerk of election having charge of the ballots shall endorse his initials on the duplicate stub. The name of such voter shall be immediately checked on said list with the number of such duplicate stub. Besides the election officers and watchers, not more than four voters in excess of the number of voting shelves or compartments provided shall be allowed in said enclosed space, within said guard rail, at one time, except as provided in section twenty-eight. Each of the political parties which cast the largest and next · largest number of votes at the last general election in the state shall be entitled to have one person as watcher within the guard rail during the casting and counting of votes and declaration of the result thereof. Such person shall be designated and his selection made known to the election officers by an affidavit made by the acting chairman of the county or state committee of each of such parties; Provided, That in case of temporary absence for meals, or by reason of sickness or otherwise, the person so selected may have substituted for himself some other person of like political belief, such substitute to be made known to the election judges by an affidavit of the person first so selected as watcher. When any person shall make application for a ballot, his right