The mountain Democrat., 1865-10-07
ELECTION LAW.

| l&en OF Mexico VINO snail nave elected to become
citizen Of the United States, under the Treaty Of
Peace, exchanged and ratified at Quaretaro, on the
SOth day Of May, One Thousand Eight Hundred
and Forty Eight, Of the age Of twenty-oue years,
who shall have been q resident Of the State Aix
months ne1t preceding the Election, and the Coun-
ty or District in which he claims his vote thirty
days, shall be entitled to vote at all elections which
now, or hereafter may be authorized by law.
ARTICLE 2l2l, SEC. II. For the purpose Of vo-
ting no person shall be deemed to have lost or gain
ed residence by reason Of his presence or absence
while employed in the service Of the United States
or while engaged in navigating the waters Of this
STATE or OF the United States or Of the High Seas,
nor while q student in any Seminary Of Learning;
nor while kept at an Almshouse or other asylum,
nor while confined in any public prison.
SARTTcLE 212a SEC. 10. No idiot or insane
person, or person convicted Of any Infamous crime
shall be entitled to the privileges Of an elector
Article 2123., SEC. 10. Absence from this
State on business Of the State or of the United
States, shall not affect the question Of residence Of
any person.
ARTICLE 2124. SEC. IA. A crime shall be DEEM
cd Infamous, which is punishable by death or Inn
prisonment in the State Prison.
| ARTICLE 2126. SEC. 16 When an election is
ordered the Board Of Supervisors shall appoint for
each precinct from the qualified electors of the
Township, in which such precinct lies, One In
spector, Two Judges, who shall constitute board
Of Judges OF Election. In case said board be not
appointed for any precinct by the Board Of Super
visors, as specified in this Section, the electors
present on the morning OF the day OF Election, at
the place where the polls were opened on the day
NJ fhul laaf
board Of judges for such precinct
ARTICLE 2127. SEC. II. 1t shall be the duty Of
each inspector to be at the place where the polls
are to be opened In the precinct from which he is
appointed, from eight O'Clock In the morning until
Sun set on the day Of Election Should such In
spector not appear at eight o'clock In the morning,
the electors present at the place where the polls
to be opened may appoint an inspector for the
precinct.
ARTICLE 2128. SEC 19 The Board OF Inspectors
for each precinct, shall before the time Of opening
the polls, appoint two suitable persons to act as
clerks.
ARTICLE 2129. SEC l9 Before an Election
shall be opened, the Inspector, Judges and Clerks,
shall each before an officer authorized to admins
ter oaths, take an oath that he will faithfully and
|
law If there is 10 person present, authorized to
administer oaths, the Inspector shall administer
the same 10 the Judges aud Clerks, and one of the
Judges shall then administer the oath to the In
spector.
ARTICLE 2l3o. SEC. 20. The Inspector shall be
chairman OF the D0ttd and after Its organization,
shall have power to administer oil necessary oahs,
which may be required in the process Of the Elcc-
tiOn, he shall have power to ill any vacancy that
may occur in the Board of Judges or by absence
by refusal to of either Of the Clerks after
the polls have been opened
ARTICLE 2l31. SEC. % At all Elections the
polls shall be opened at eight o'clock in the morn
ing and shall continue open until Snn set at which
time the Judges shall close the polls, provided
that the judges OF the Election may take Of
one hour at any time they may think proper du.
ring the day, before Three O'Clock in the afternoon.
ARTICLE 2l32. SIC. % The Board Of Judges
before they commence receiving ballots, shall
cause II to be proclaimed aloud at the place O!
voting that the polls open
ARTICLE 2IS3. SEC. u. The voting shall be b.
ballot.
Inspector shall pronounce his name in an ardible
voice and II there he no objections to the qnalifra-
tons Of such person as an elector shall receive his
ballot. ard in the presence Of the other judge put
the same. without being opened or examined into
the ballot box.
ARTICLE 2l25. SEC. o. The name Of each
Elec;or whose ballot has been received, shall be
immediaiely entered bv each Clerk in the column
Of his Poll List. headed Names Of Voters num-
berng each name in the additional column as il i
taken down 80 that it may be seen at any time
whether the two lists agree.
ARTICLE 2l3ti. SEC d, Any person Offering to
vote may be challenged Hs unqualified by the in
spector Or eiJher Of the Judges, or by any legal
voter and Ii shall in al! cases be the duty of the
Inspector and each Judge. to challenge any per
son Offering 10 vote whom he shall know or suspect
i not To be duly qualified as an Elector.
election shall be challenged in relation to his right
TO vote at that election the Board of Judges stall
declare to him the qualifications Of an eIector. and
the Inspector or one o. the Judges saan tendef 10
him the following preliminary oath:
"IOu do swear, or affirm, that You will fully and
truly answer all such questions a. shall be put to
you touching your place OF residence and quHiihea'
The Inspector or one Of the Judges shall then
proceed to question the person challenged in rela
tion to his name, his then place Of residence how
long he has resided in the township and county,
where his last place of residence was also as TO his
citizenship. and whether native or naturllized
Court, or before what odlcer he was naturalizcd.
! and all such other questions as shall teBd to test
his qualifications as to c;tizenshipand right to vote
SEC. =: If any person shall refuse TO take the
said preliminary oath when SO rendered. or to an
swer any and all pertinent questions to his quail
ifcations, his vote shall be rejected and if the
Board Of judges are satisfied from his answers as
Aforesaid, that such person Is not legal ver theyo
shall reject his vote.
SEC. s. If such person shall still insist that he
is entitled TO vote and the Board OF Judges hud no
cause to re ect his vote under the preliminary eX-
animation, aud the chlilenge shall not be with
drawn, he shall not be entitled to vote unless he
take the following oath, tobe administered by the
Inspector or one of the Judges, viz:
You do swear Tor Affirm. the case may mel
that you are citizen of the United States, that
you arc Of the age OF twenty-one years, according
to the best of your knowledge and belief, that you
have resided in this State six months next pre-
ceding this election and in this county. township
or ward the case may be), thirty days, and that
you have not voted this day"
And in case the person offering to vote produce
O certified transcript of the records oi Court OF
competent jurisdiction, admitting him TO citizen
ship duly attested by the Clerk thereof as evidence
Of his right TO vote, and the person 20 producing
the same is unknown TO the Board Of Judges. he
shall make oath that he is the person therein named
SEC 4. IL any person ch llenged as unqualified
shall be guilty OF wilful and corrupt false swearing
or affirming in takingFny oath or Affirmation pre-,
scribed by this Act such person shall be adjudged
guilty Of wilful and corrupt perjury.
| SEC. 5. Every person who shall wllfully and
conuptly procure any person to swear or affrm
falsely as aforesaid shall be adjudged guilty OF sub
ornation of perjury, and .hall upon conviction
thereof suffer the punishment directed by law In
cases Of wilful aud corrupt perjury. .
SEC. 6. Every person wuo shall procure, aid,
assist counsel or advise another to give or oer ms
vote at a y general or special election, knowing
that he person is not duly qualified to vote, shall
on conviction be adjudged guilty Of misdemean'
or, and punished by ne of not less than fifty nor
more than five handred dollars, or imprisonment
not less than two nor more Than six months or by
both such line and imprisonment as the Court may
direct.
SEC. T. The Board of Judges of Election shall
keep minute of their proceedings in respect to the
challenging and administering ot Oaths to persons
Offering to vote, in which shall bc enteredby one OF
A. - NUnn CHI A.
Ken the oaths prescribed by this Act, or either
them snecifYInD In each case whether the prelimi-