The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1844-10-25


inclination; or who shall lraudulenty or deceitfuly
change ballot of any elector, by which such
elector shall be prevented from voting for such
candidate or candidates as he intended, shall, on
conviction thereof be imprisoned in the penitentia-
ry and kept at hard labor, not more than three
years nor less than one year.
SEC. IS. If person offering to vote, is chal-
lenged as unqualified, by one of the judges of the
election or by an clector, one Of the judges shall
tender to him the following oath or affirmation
''You do swear (or afIim) that you will fully and
truly answer all such questions as shall be put to
you, touching your place of residence, and quail
Ecations as an an eector at this election"
First: II the person be challenged as unqualified
on the ground that he is not citizen, the judges,
or one Of them shall put the following questions
lst. Are you citizen of the United States'
I'd. Are you native or naturalized citizen?
If the person offering to vote, claim 10 be a
naturalized citizen Of the United States, he shall,
before his vote shall be received, produce for the
inspection cf the judges of the election, certf-
cate of his Naturalization and also state under oath
or affirmation that he is the identical person named
therein; provided, that the production of such
certificate shall be dispensed with, if the person
ton, when and where he was naturalized, that he
has had certificate of his naturalization, and that
against lis will the same is lost, destroyed, or
beyond his power to produce 10 the judges of the
election: provided further, that if he shall state,
under oath or affirmation, that by reason Of the
naturalization of his parents or one of them, he
has become citizen of the United States, and
when and where his parent Or parents were natu-
rallied, the certificate of said naturalization need
not be produced
Second: II the person be challenged as unqual-
ilied Oh the ground that he has not resided in this
state for one year immediately preceding the cleo
ton, the judges or one Of them shall put the
following questions:
lst. Have you resided in this state for one year
Immediately preceding this eecton'
3D. Have you been absent from this state within
the year Immediately preceding this eection?-If
yes, then,
Ord When you left, did you leave for a tempo
rary purpose with the design of returning, Or for
the purpose Of remaining away'
4th Did you, while absent, look upon and regard
this state as your home?
9TH. Did you while absent, vote in any other
statci
Third If the person be challenged as unquai.
fed on the ground that he is not resident OF the
county, township, or ward, where lie Offers TO
vote, the judges, or one of them shall put the
following questions:
Ist. When did YOU last come into this county,
ID When you came into this county, did you
come for temporary purpose merely, or for the
purpose Of making it your home?
3rd Did you come into this county for the pur-
pose of voting IN this county,
4th. Are you now an actua! resident OF this
township or ward'
Fourth If the person [bel challenged as un-
qualified, on the ground that he is not twenty one
years of age, the judges or one of them, shall put
the following questions: 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 sIch other questions to the person chAllen-
g2a, under the respective heads aforesaid as may
be necessary to test his qualifications as an elector
at that election.
Sec ii. If the person challenged as aforesaid
shall refuse to answer fully any questions which
shall be put to him as aforesaid, the judges shall
reject his vote.
Sec. Is. If the challenge be not Withdrawn
after the person offering to vote shall nave answer
ed the questions put 10 him as aforesaid, one of the
judges of the election shall tender to him the fol-
lowing oath: "You do solemnly swear Tor affirm
that you are citizen of the United States, of the
age of twenty one years; that you have been an
iuhabitant Of this state for one year next preceding
this election; that you are now an actual resident
of this township or ward, and that you have not
voted at this election"
Sec Is. If any person shall refuse to take the
oath Or affirmation SO rendered, his vote shall be
rejected provided, that after such oath shall have
been taken the judges may, nevertheless, refuse to
permit such person TO vote, if they shall be satisfied
from record evidence or other legal testimony
And they are hereby authorized to administer the
necessary oaths or aliirmations to all witnesses
brought before them, to testify to the qualifications
Of person offering to vote.
Sec. II. Whenever any persons vote shall be
received, after having taken the oath prescribed
in the fifteenth section of this act, it shall be the
duty of the clerks Of the election to write Oh the
poll book at the end of such persons name. the
word 'sworn."
Sec. 19. 1t shall be the duty of each judge of
the election TO challenge every person offering to
vote, whom he shall know or suspect not to be
duly qualified as an elector.
Sec. 10. 1t shall be the duty of the judges of
the election, or one of them, Immediately before
proclamation is made of the opening of the polls,
to open the ballot boxes in the presence of the
people there assembled, and turn them up side