The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-08-16
Constitutional Convention.
Full Text of the Act-HOw the Eiec'
lion il 10 he Held

AN ACT to take the sense Of the people
| upon The call of Convention, and Ior
| organizing the same.
Passed February @, ISL.
WHEREAS, 1t is represented that a
portion Of the good people OF this
State are DESTROYS Of altering the Con-
stitution thereof; therefore,
| Bet enactedJy tie Legislature Of West
Virginia:
]. That polls shall be held through
out the State on the fourth Thursday
of August. 1871, for the purpose of
taking the sense OF the voters thereof,
on the question Of calling a Conven-
ton to alter the Constitution OF this
State
.. The Governor shall, on the list day
of July next, or as soon thereafter as
practicable, appoint three persons in
each county as commissioners any two
Of whom, or more, may act, to superin-
tend the taking Of the said polls, at the
curt houses OF the several counties
aforesaid.
3. The commissioners appointed by
the Governor in each county, shall ap-
po;nt three commissioners for each
Ilace therein, at which a separate poll
is to he taken, any two Of whom may
act, to superinted the said polls at such
places.
f. The commissioners appointed to
superintend any of the said polls,
whether at the court house or other
place of voting, shall attend according
ly. They snail admit all persons to
vote entitled to do so, and reject the
votes of all not so entitled; and in all
respects have the polls taken fairly and
impartially.
5. Ifonly one OF said commissioners
shall attend, and be willing to act, he
may associate with himself any quail
fled voter who may be present. II none
of the commissioners attend, or none
shall have been appointed, any three
qualified voters present, and agreeing to
act, shall he commissioners. Any such
commissioner, appointed or agreeing to
act, in the manner provided by this sec
ton, shall take the same oath, perform
the same duties, and be subject to the
same penalties as if he had been orig
inally appointed commissioner
e. The clerk Of the township, assisted
by such other persons as the commits
sioners at each place OF voting may EN-
ploy for the purpose, shall record the
names OF all persons voting, and aid in
counting the ballots, ascertainlng the
result, AMI making returns thereof 1t
such clerk, for any reason, shall fail to
act, the said commissioners shall ap,
point some suitable person to discharge
his said duties.
!. Before entering on the discharge OF
their duties, the said commissioners and
clerks shall take and subscribe n oath,
THAT they will support the Constitu-
ton of the United States, and the Con-
stitu,ion of this State; and in the said
election they will faithfully and impair
italy perform their respective duties.
Which said oath. may be administered
bv one of said commissioners, or any
person authorized to administer oaths.
8. 1t shall be the duty of the said
commissioners to take the vote, on the
question aforesaid, Of every person
qualified to vote for delegates tothe Leg
islature, who shall offer TO give his vote;
no person offering to vote who Is not
a minor, or pauper, or Of unsound mind,
and is not under conviction OF treason,
felony, or bribery in an election, and
| II.
for one year, and Of the county in which
he offers to vote tor thirty days next
preceding SUCH offer, shall be challeng.
ed by reason of any other Constitu-
tional disqualification then existing,
unless and until written charges OF some
specific act, or acts, OF disqualification,
verified by the written affidavit OF some
qualified voter, shall be preferred
against the person so offering to vote.
And the right of such person to vote
shall be tried by the commissioners a,
once, aud not be denied him unless the
charge so preferred shall be clearly es'
tablshed by the baths Of at least two
competent witnesses and in examining
into the truth OF SAID charges, the per-
son sooffering to vote shall not, on oath
or otherwise he required to criminate
himself
O The said vote shall he taken by
ballot. The person voting in favor Of
the call of said Convention, shall have
written or printed on his ballot Con
ven,ion," and the person voting against
such call, shall have written or print
ed on his ballot, "No Convention;
after a ballot has been received by
said commissioners, and counted by
them, the right Of any voter, to cast
his ballot, shall not be questioned.
10. Each poll book shall bear on
the first page thereof the heading,
Names Of all persons voting at,
in the township o., and county
of =, this day OF r."
Two poll books or lists shall be kept at
every election Of the names OF the
voters, which shall be prepared by the
clerk of.the Board OF Supervisors, and
delivered by him to the commissioners
appointed by the Governor as aforesaid,
who shall in due time cause sufficient
number thereof to be placed in the
hands of the commissioners appointed
by them to superintend the polls OF the
several places of votingin their respect
i've counties.
ii. The said ballots shall be re-
ceived and deposited by the said COM
missioners as provided for in the gen.
eral election law, and Immediately upon
the conclusion of the several polls, the
ballots shall be counted and the cor
rectness and the result thereof shall be
certified by the commissioners superln-
tending the same, to the following