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fold the ballot so as to conceal the names and the marks thereon, and to expose the names of the members of the election board upon the back thereof, and shall, without delay and without exposing the names or marks upon the front or face thereof, and without first leaving the inclosure in which the compartments are placed, deliver the ballot so folded to the judge of election, who shall, without exposing the names or marks upon the front or face thereof, verify the signatures upon the back thereof, and deposit the ballot in the ballot box in the presence of the elector, and the elector, shall forthwith leave the railed inclosure. No elector shall be allowed to occupy a voting compartment already occupied by another, nor to remain within the railed enclosure in which the compartments are situate more than ten minutes, nor to occupy a voting compartment for more than five minutes. In cities where the registration of electors now is, or hereafter may be required by law, no person shall receive a ballot unless his name duly appears upon the registry list of the election district, or he shall establish in the manner provided by law his right to vote; when such person receives a ballot a check shall be placed opposite his name upon the registry list, and when he votes his name shall be again checked upon such list. Every elector receiving a ballot shall vote before leaving the polling room, or if he does not wish then to vote, he shall, before leaving the polling room, return the ballot so received to a member of the election board; no person receiving a ballot shall, under any pretext whatever take the same from the polling room, and any person taking a ballot from the polling room shall forfeit and lose his right to vote at the election, and shall be imprisoned in the county jail not less than thirty (30) days or more than six (6) months. [Id. § 20.]
SEC. 146. [Spoiled and unused ballots.]—Any voter who shall by accident or mistake spoil his ballot may, on returning said spoiled ballot, receive another in place thereof; Provided, He shall not receive to exceed four (4) in all. The judges of election shall cause the unused and spoiled ballots to be made up in a sealed packet, and shall indorse the same with the words "unused and spoiled ballots," with the proper designation of the election district, and shall sign such indorsement, and shall return such packet to the clerk of their respective county or municipality, with a statement made up by the members of the election board of the district, showing the number of ballots received for such district and accounting for them as follows: First-Number counted in ballot box; Second-Number unused and returned. [Id. § 21.]
SEC. 147. [Assisting disabled voters.]-Any voter who declares to the judges of election that he cannot read, or that by blindness or other physical disability he is unable to mark his ballot, shall, upon request, receive the assistance of one (1) or two (2) of the election officers in the marking thereof, and such officer or officers shall certify on the outside thereof that it was so marked with his or their assistance, and shall thereafter give no information regarding the same. The judges shall require such declaration of disability to be made by the voter under oath before them, and they are hereby qualified to administer the same. No elector other than one who may, because of his inability to read, or physical disability, be unable to mark his ballot, shall divulge to any one within the polling place the name of any candidate for whom he intends to vote, or to ask or receive the assistance of any person within the polling place in the preparation of his ballot. [Id. § 22.]
SEC. 148. [Ballots not received.]—No judge of election shall deposit in any ballot box any ballot, unless the same is identified by the signature of two (2) of the judges of election as hereinbefore provided. Every person violating the provisions of this section shall, upon conviction thereof, be fined not less than ten ($10) dollars nor more than one hundred ($100) dollars. [Id. § 23.]
SEC. 149. [Cards of instruction.]-The county clerk of each county shall cause to be printed, in large type on cards in English, instructions for the guidance of electors in preparing their ballots. He shall furnish six (6) such cards to the judges of election in each election precinct, and one additional card for each fifty registered el ctors or fractional part thereof in the precinct, at the same time and in the same manner
as the printed ballots. The judges of election shall post not less than one of such cards in each place or compartment provided for the preparation of ballots, and not less than three (3) of such cards elsewhere in and about the polling places upon the day of election. Said cards shall be printed in large, clear type, and shall contain full instructions to the voters, according to schedule "B" of this act. [Id. § 24.]
SEC. 150. [Ballots not counted.]-In the canvass of the votes any ballot which is not endorsed as provided in this act by the signature of two (2) judges upon the back thereof, shall be void, and shall not be counted, and any ballot or parts of a ballot from which it is impossible to determine the elector's choice shall be void and shall not be counted; Provided, That when a ballot is sufficiently plain to gather therefrom a part of the voter's intention, that it shall be the duty of the judges of election to count such part. [Id. § 25.]
SEC. 151. [Offenses relating to certificates of nomination and ballots.]-No person shall falsely make, or make oath to, or fraudulently deface or fraudulently destroy any certificate of nomination, or any part thereof; or file, or receive for filing any certificate of nomination, knowing the same or any part thereof to be falsely made or suppress any certificate of nomination which has been duly filed, or any part thereof, or forge or falsely make the official endorsement on any ballot. Every person violating any of the provisions of this section shall be deemed guilty of a felony, and upon conviction thereof in any court of competent jurisdiction, shall be punished by imprisonment in the penitentiary for a period of not less than one year, nor more than five years. [Id. § 26.]
SEC. 152. [Same-Supplies.]-No person shall during the election, remove or destroy any of the supplies or other conveniences placed in the booths or compartments for the purpose of enabling the voter to prepare his ballot. No person shall, during an election, tear down or deface the cards printed for the instruction of voters. Every person wilfully violating any of the provisions of this section, shall, upon conviction thereof in any court of competent jurisdiction, be fined in any sum not less than ten dollars, nor more than one hundred dollars. [Id. § 27.]
SEC. 153. [Offenses by public officers.]-Every public officer upon whom any duty is imposed by this act, who shall wilfully do or perform any act or thing herein prohibited, or neglect or omit to perform any duty as imposed upon him by the provisions of this act, shall upon conviction thereof, forfeit his office, and shall be punished by imprisonment in the county jail for a term of not less than one month nor more than six months, or by a fine of not less than one hundred dollars and not more than five hundred dollars, or by both such fine and imprisonment. [Id. § 28.]
SEC. 154. [Electioneering-Obstructing voting-Removing and marking ballots, etc.]-No officer of election shall do any electioneering on election day. No person whomsoever shall do any electioneering on election day within any polling place, or any building in which an election is being held, or within one hundred feet thereof, nor obstruct the doors or entries thereto, or prevent free ingress to and egress from said building. Any election officer, sheriff, constable, or other peace officer is hereby authorized and empowered, and it is hereby made his duty to clear the passage-ways and prevent such obstruction, and to arrest any person so doing. No person shall remove any ballot from the polling place before the closing of the polls. No person shall show his ballot after it is marked to any person in such a way as to reveal the contents thereof, or the name of the candidate or candidates for whom he has marked his vote, nor shall any person solicit the elector to show the same; nor shall any person except a judge of election receive from any elector a ballot prepared for voting. No elector shall receive a ballot from any other person than one of the judges of election having charge of the ballots; nor shall any person other than such judges of election deliver a ballot to such elector. No elector shall vote or offer to vote any ballot except such as he has received from the judges of election having charge of the ballots. No elector shall place any mark upon his ballot by which it may after
wards be identified as the one voted by him. Every elector who does not vote a ballot delivered to him by the judges of election having charge of the ballots shall before leaving the polling place, return such ballot to such judges. Whoever shall violate any of the provisions of this section, shall, upon conviction thereof in any court of competent jurisdiction, be fined in any sum not less than twenty-five dollars, nor more than one hundred dollars, and adjudged to pay the cost of prosecution. [Id., § 29.]
SEC. 155. [Publication of election laws.]-It shall be the duty of the secretary of state to cause to be published in pamphlet form and distribute through the county clerks of the respective counties, a sufficient number of copies of this law, together with the registration law of the state and such other laws as bear upon the subject of election, as will place a copy thereof in the hands of all officers of elections. [Id., § 30.]
SEC. 156. [Police protection.]-The proper authorities of every city shall detail a police officer to each polling place of such city upon the day fixed for holding any election therein, and the special duties of such police officer, in addition to the preservation of the peace, shall be as follows: He shall, as far as possible, remain at, or near the entrance of the inclosure in which the compartments are placed: A He shall not permit any person to enter said inclosure unless duly provided with an official ballot, signed with the names of two members of the election board; B He shall not permit any person to enter the inclosure while the several compartments therein are occupied ; c He shall not permit any person to leave the inclosure without first voting or surrendering his ballot to a member of the election board; D He shall not permit any person to leave the polling room after receiving a ballot, without first voting or surrendering his ballot. [Id. § 31.]
SEC. 157. [Repealed all acts in conflict.]
Charles Cook, of Plattsmouth
William Earle, of Grand Island
John Waterman, of McCook
FOR LIEUTENANT GOVERNOR.
GENERAL FORM OF BALLOT TO BE USED AT STATE, CITY, AND TOWN ELECTIONS.
SECRETARY OF STATE.
Question submitted to the vote of the people.
Shall license be granted for the sale of intoxicating liquors in this city?
VOTE FOR one.
VOTE FOR one. Republican | Independent Democrat
VOTE FOR one.
Forms of cards of instruction for the guidance of voters.
Instructions to voters.
1. Persons desiring to vote must procure their ballots from a member of the election board.
2. They must then, without leaving the polling place, proceed to a compartment and prepare their ballots.
3. The ballots are prepared as follows:
Make a cross mark (X) with ink in the right margin of the ballot opposite the name of each person for whom you wish to vote;
Be careful that you do not mark the names of persons for whom you do not wish to vote;
Do not make any mark on the ballot, save as above directed, or the ballot will not be counted;
If you spoil a ballot return it to a member of the election board, and obtain from him a new ballot, you can not get more than four in all, take this to a compartment and mark it properly.
4. Having marked the ballot, fold it so as to conceal the names and marks on the face, and to expose the names on the back.
5. Take it to the judge of election before leaving the inclosure, and see it deposited in the box.
6. Immediately leave the railed inclosure.
7. If you wish to vote for any person whose name does not appear upon the ballot, write or insert his full name in the blank space on the ballot under the proper office you wish him to hold, and make a cross mark in the proper margin opposite the same.
8. Do not take any ballot from the polling place; you thereby forfeit the right to
Said cards shall also contain sections twenty-six, twenty-seven, twenty-eight and twenty-nine of this act.