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if the judges and clerks shall not attend at the hour of eight o'clock in the morning, or if it shall be necessary for the electors present to appoint judges and clerks, or any of them, as hereinafter prescribed, the polls may, in that case, be opened at any time before the time for closing the same shall arrive, as the case may require.
SEC. 15. [Oath of officers.]-Previous to any vote being taken, the judges and clerks of election shall severally take an oath or affirmation according to the form prescribed in chapter on official bonds.
SEC. 16. [Administering oath.]-In case there shall be no judge or justice of the peace present at the opening of the polls, it shall be lawful for the judges of election to administer the oath or affirmation to each other and the clerks of election; and the person administering such oath or affirmation shall cause an entry thereof to be made and subscribed by him, and prefix to each poll book
SEC. 17. [Vacancies.]-In the event of any person or persons elected, or that have been appointed as herein provided for, shall not attend at the time and place of holding such election, the electors present shall choose the requisite number of persons to fill the respective offices of clerks and judges of election, and the person or persons thus chosen shall qualify as provided in the last two preceding sections.
SEC. 18. [Proclamation.]-Upon opening the polls, one of the judges of election shall make proclamation of the same, and at least 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.
SEC. 19. [Ballot box.]-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; nor shall two of the judges be absent from the room or building in which the election is held, at the same time, during such voting and canvassing.
SEC. 20. [Form of poll books.]-The county clerk, previous to the opening of the polls, shall prepare duplicate poll books, in the manner and form following:Poll books of an election, held in precinct, township, or ward, in county, on the day of A. D. at which time A. B., C. D., and E. F. were judges, and G. H. and I. K. were clerks of said election—the following named persons voted thereat:
No. 1. A. B.
No. 2. C. D.
ATTEST: A. B., C. D., E. F.,
We do hereby certify that the above is a true list of the persons voting at the above named election.
Judges of election.
TALLY LIST OF PERSONS VOted for, and for what oFFICE, CONTAINING THE NUMBER OF VOTES FOR EACH CANDIDATE.
NUMBERS AND NAMES OF ELECTORS.
Judges of election.
No. 3. E. F.
votes for governor, and C. D. had votes for member of congress, etc.
votes for gov
SEC. 21. [Ballots.]-The ballots shall designate the office for which the persons therein named are voted for.
SEC. 22. [Receiving ballots.]-One of the judges of election shall receive each ballot from the person offering to vote, at the same time announcing the name of such person in a clear, distinct voice, and if his right to vote be not challenged, or in cities of the first and second class if the name of the person offering to vote is on the register list, his ticket shall be placed in the ballot box without inspecting the names written or printed thereon, and the clerks of election shall enter the name of the voter and the number in each poll book when his ballot is received.
SEC. 23. [Ballot boxes.]-The county board shall provide a sufficient number of ballot boxes, with secure locks and keys, at the expense of the county, for the several precincts or districts; and each ballot box at the close of each election shall be deposited with one of the judges of election, who shall take charge of the same and be responsible for its safe keeping; and he shall convey said ballot box, or cause it to be conveyed, to the place of holding elections in his precinct, township, or ward, at the next general or special election, and deliver, or cause the same to be delivered, to one of the judges of said election.
SEC. 24. [Preservation of order.]-Any constable of the precinct, township, or ward who may be designated by the judges of election is directed to attend at the place of election, and he is authorized and required to preserve order and peace at and about the same; and if no constable be in attendance, the judges of election may appoint one or more specially, by writing, who shall have all the powers of a regular constable. SEC. 25. [Arrests.]-If any person conducts in a noisy, riotous, or tumultuous manner at or about the polls, so as disturb the election, or insults or abuses the judges or clerks of election, and persists in such conduct after being warned to desist, the constable shall forthwith arrest him without warrant, and bring him before the nearest justice of the peace to be dealt with according to law, but such person shall be permitted to vote.
SEC. 26. [Duties of officers where registration is made.] — The judges in cities of the first and second class where the registry law is in force shall designate one of their number to check on the register the name of every person voting; and no vote shall be received from any person whose name does not appear there, unless he shall furnish the judges his affidavit showing that he is a qualified elector, and a sufficient reason for not appearing before the registrar, and shall also prove by the affidavit of one elector whose name is on the register that such affiant knows him to be a resident of that city, giving his residence by street and number, as the same is in such caserequired to appear on the register. Said affidavit shall be kept by the judges and by them filed in the office of the county clerk, and all such affidavits may be administered by either of the judges or clerks of election.
SEC. 27. [Challenge.]—Any person offering to vote, whether his name be on the register or not, may be challenged as unqualified by any judge or elector; and it is the duty of each of the judges to challenge any person offering to vote whom he knows or suspects not to be duly qualified.
SEC. 28. [Oath.]-If any person offering to vote is challenged by one of the judges of the election, or by an elector, one of the judges shall tender to him the following oath or affirmation:
"You do solemnly swear [or affirm] that you will fully and truly answer all such questions as shall be put to you, touching your place of residence and qualifications as an elector at this election."
SEC. 29. [Questions.]-If the person be challenged on the ground that he has not made his declaration of intention to become a citizen of the United States, the judges, or one of them, shall put the following question, provided that the person so challenged does not produce his intention papers: Have you made your declaration of intention
to become a citizen of the United States?"
If the person be challenged on the ground that he has not resided in this state for six months immediately preceding the election, the judges or any one of them shall put the following questions: First-" Have you resided in this state for six months immediately preceding this election?" Second-"Have you been absent from this state within the six months immediately preceding this election?" If he answers "Yes," then, Third "When you left, did you leave for a temporary purpose, with the design of returning, or for the purpose of remaining away?" Fourth-"Did you, while absent, look upon and regard this state as your home?" Fifth-"Did you, while absent, vote in any other state or territory?"
If the person be challenged on the ground that he is not a resident of the county, precinct, township, or ward where he offers to vote, the judges, or one of them, shall put the following questions: First-" Have you resided in this county for forty days last past?" Second-"Have you resided in this precinct (or ward) for the last ten days?" Third-"When did you last come into this county?" Fourth-" When you came into this county, was it for temporary purposes merely, or for the purpose of making it your home? Fifth-"Did you come into this county for the purpose of voting therein?" Sixth-"Are you now an actual resident of this precinct or ward?"
If the person be challenged on the ground that he is not twenty-one years of age, the follow 'ng question shall be put: "Are you twenty-one years of age to the best of your knowledge and belief?" The judges of the election, or one of them, shall put all such other questions to the person challenged, under the respective provisions of section two of this chapter, as may be necessary to test his qualifications as an elector at that election
SEC. 30. [Refusal to swear.]-If any person shall refuse to take the oath or affirmation provided for in this chapter, his vote shall be rejected.
SEC. 31. [Final oath if challenge not withdrawn.]-If a person's vote be challenged, and such challenge be not withdrawn after he shall have answered the foregoing questions, or such of them as may be necessary, one of the judges shall tender to him the following oath :
"You do solemnly swear (or affirm) that you are a citizen of the United States (or have declared your intention to become such), that you have been an inhabitant of the state of Nebraska for the last six months, and of the county of-for the last forty days, and of this precinct for the last ten days; that you have attained the age of twenty-one years, to the best of your knowledge and belief."
And it shall be the duty of the clerks of election to write on the poll books, at the end of such person's name, "sworn."
SEC. 32. [Residence defined.]-The judges of election, or in cities of the first and second class the registrars of voters, in determining the residence of a person offering to vote, shall be governed by the following rules, so far as the same may be applicable: First-That place shall be considered and held to be the residence of a person in which his habitation is fixed, without any present intention of removing there from, 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 territory or state, or county of this state, for temporary purposes merely, with the intention of returning; Provided, That six months consecutive residence in this state shall be necessary to establish a residence within the meaning of this chapter. Third-A person shall not be considered and held to have acquired a residence in any county of this state into which he shall have come for temporary purposes merely without the intention of making it his residence. Fourth-If a person remove to another territory or state, intending to make it his permanent residence, he shall be considered and held to have lost his residence in this state. Fifth-If a person remove to another state or territory, intending to remain there for an indefinite time, and as a place of present residence, he shall be considered and held to have lost his residence in this state, notwithstanding he may intend to return at some future period. Sixth-The place
SEC. 32. Cited 14 Neb. 574.
where a married man's family resides shall generally be considered and held to be his residence; but if it is a place of temporary establishment only, or for transient purposes, it shall be otherwise. Seventh-If a married man have his family fixed in one place, and he does business in another, the former shall be considered and held to be the place of his residence. Eighth-The mere intention to acquire a new residence, without the fact of removal, shall avail nothing, nor shall the fact of removal, without intention. Ninth-If a person shall go into another territory or state, and while there shall exereise the right of a citizen by voting, he shall be considered and held to have lost his residence in this state.
SEC. 33. [Canvass.]-When the poll is closed the judges shall immediately proceed to canvass and ascertain the result of the election.
SEC. 34. [Same.]-The canvass shall be public, 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 poll books shall then be signed by the judges 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.
SEC. 35. [Opening ballot box-Excessive ballots.]-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 shall then be opened, and one of the judges shall draw from the box as many ballots as there shall have been cast exceeding the number 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 election to the county clerk in the manner hereinafter provided.
SEC. 36. [Counting vote.]-After the poll books have been examined, compared, and signed, and the excessive ballots, if any, shall have been withdrawn, sealed up, and endorsed, the ballots remaining in the box shall be taken out by one of the judges, and the canvass shall be continued by the judges announcing to the clerk the number of votes each candidate balloted for shall have received, after which the ballots shall be strung upon a strong thread.
SEC. 37. [Clerks' tally list.]-The clerks shall enter upon the tally list of the poll books, in columns under the names of persons voted for, all the votes as declared read by the judges.
SEC. 38. [Double ballots.]-If two or more ballots are found so folded together as to convince the judges that they were cast as one, they shall not be counted, but they shall have the words " rejected as double" written upon them, be folded together again, and kept as herein directed.
SEC. 39. [Designation of office.]-If, at any stage of the canvass, a ballot not stating for what office the person therein named is voted for is found in the box, when officers of different kinds are to be elected, it is to be rejected and disposed of as hereinafter directed.
SEC. 40. [Excess of names on ballot.]—Whenever a ballot shall contain a greater number of names for any one office than the number of persons required to fill that office, it shall be deemed fraudulent as to the whole of the names for that office, but no further; and shall be endorsed, "rejected as to office of ," and disposed of as hereinafter directed; and no ballot shall be deemed fraudulent because it contains a less number of names than are authorized to be inserted.
SEC. 41. [Surname of candidate.]-If at any stage of the canvass a ballot shall be found having correctly written or printed thereon the surname of any person for any office, who shall be a candidate for such office at said election, and there shall be no other candidate for the same office having the same surname, such ballot shall be
BEC. 36. Intention of voter; ballot not designating office. 5 Neb. 147. 166.
Imperfect but not fraudulent ballot may be explained. 29 Neb. -. 45 N. W. R. 632.
counted for such candidate, although the initial letter or letters or first name or names written or printed before his surname may not be those properly belonging thereto; but if there shall be two or more candidates at said election for the same office having the same surname, and such initial letter or letters or first name or names, written or printed on said ballot, shall properly belong to neither of the candidates, such ballot shall be rejected and disposed of as hereinafter directed. A candidate within the meaning of this section is any person intentionally voted for at any election.
SEC. 42. [List of persons voted for.]-When all the votes shall have been examined and counted, the clerks shall set down in the form in their poll books the name of every person voted for, written at full length, the office for which such person received such vote or votes, and the number of votes he received, which number shall be expressed in words at full length.
SEC. 43. [Returns of election.]-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 package 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, within four days from the close of the polls. The clerk shall give a receipt stating that the poll books and ballots have been received and deposited with him.
SEC. 44. [Care of poll books.]-In counties not under township organization, the other poll book shall be deposited with one of the judges, to be appointed by the said judges to receive the same, and it shall be subject to the inspection of any elec tor who may wish to examine the same during the period of six months after such election shall have been held. In counties under township organization, in townships constituting a single precinct, the judges of election shall certify the result as to township officers inmediately after footing up the result of the canvass on the poll books, and file such certificate, together with the other poll books, in the office of the town clerk; but where there are two or more election precincts in a township, the township board shall meet on the day after the election, and canvass the vote given for township officers as shown by the returns from the precincts, and the township board shall issue certificates of election accordingly
SEC. 45. [Tie vote for township office.]-Where there is a tie between two persons for a township office, the clerk shall notify them to appear at his office at a given time to determine the same by lot before the board, and the certificate of election is to [be] given accordingly. If either party fail to appear, or to take part in the lot the clerk shall draw for him.
SEC. 46. [County canvass.]-Upon the reception of the returns of each elee tion precinct, township, or ward by the county clerk, directed to him as hereinbefore provided, and within six days after the closing of the polls, he, together with two dis interested electors of the county, to be chosen by himself, shall open the poll books and from the returns therein make abstracts of the votes cast in the following manner Of votes for governor, lieutenant-governor, members of congress, secretary of state, auditor of public accounts, state treasurer, attorney-general, state superintendent on public instruction, commissioner of public lands and buildings, and district attorneys of one sheet; of votes for presidential electors, on another sheet; of votes expressing the choice of electors for United States senator, on another sheet; of votes for judges of the supreme and districts courts and regents of the university, on an other sheet; of votes for members of the legislature from the county alone, on another sheet: of votes for members of the legislature by districts comprising more than one county, on an other sheet; and of votes for county, precinct, and township officers on another sheet.
SEC. 46. See sec. 112. The canvassing board cannot go behind the returns. 4 Neb. 509. 8 Neb. 290. 10 Neb. 51 58. 20 Neb. 123. Duty of canvassers to correct error in adding up votes cast. Id. Mandamus will lie to compe them to discharge their duty. 5 Neb. 145. 10 Id. 63. 15 Id. 443. The remedy by contest provided for in 'sec. xf is not exclusive. 11 Neb. 104.