Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1891-06-13
THE AUSTRALIAN BALLOT LAW.
Passed Approved the Last Session the South Dakota legislature
SUPPLEMENT TO THE CUSTER CHRONICLE


cancelled, by writing the word Cancelled
across the face of the ballot; and the same, to-
oether with the ballots not distributed 70
voters, also the record OF ballots delivered TO
voters by the ballot clerks shall be secured in
a package sealed, and on he day after election
sent TO the County Auditor or other public
officer. or boards from wnom such ballots were
received. The ballot clerks shall also at tho
same time file with The County Auditor OF
their respective counties. or with such other
public officers or boards, by whom sucn ballots
were prepared statement In writing showing
the number Of ballots vo:ed. the number OF
spoiled ballots and the number OF ballots [nou
de tvered 70 vo ere. Anv ballot clerk who
shall fail 10 thus account fully AMI particular
lv for all official ballots placed in his
charge shall be guilty OF n misdemeanor. The
County Auditor or other Public officer by whom
the ballots were FURNISHED, shall. on receipt Of
the unused. defective or spoiled ballots and
the statement, as before mentioned Ia this
section. shall carefully compare the same with
the record in mis- office Of the number Of bal
lots sent to such election precinct district. town
or ward. and ~ case all the ballots furnished
by him for such precinct, district, town or
ward, are not accounted for in the statement
e'ore mentioned, he shall at once notify the
persoG seudiug the same, who shall. with suCh
County Auditor or other pubic officer as afor5-
SAID, recount the unused, defective and spoiled
ballots and correct. IL possible, such errors II
any thele be, in such count or statement
SEC 80 The County Auditor OF each county
shal cause 70 be printed In large type on cards
Ia the English language and such other Ian
guages as NAV be deemed necessary, instruc-
tions for The guidance of electors in preparing
their ballots He shall furnish six such cards
90 the JUDGES Of election in each election pre-
ciuct, and one additional card for each fifty
electors OF fractional part thereof in the pre-
cinct az the same time and in the same manner
as the printed ballots.
The Judges Of election shall post not less
than one Lofl such cards In each place. or com
partment provided tor the preparation Of bal
lots and not less than three lof such cards
elsewhere "a and about the polling places upon
AZ nrnQ hal tnt-
ed In large clear type. and shall contain full in
rtruetions tO the voters as 20 what should be
done. viz:
FIRST. TO obtain the ballots for voting; SEQ
ond, TO prepare the ballots for deposit in the
ballot boxes; third, to obtain a new ballot in
place Of one spoiled by accident or mistake;
said card shall aiso contain o cnpy OF sections
81, 30, 80 and "a Of THIS act. There shall al
so be posted in each OF the apartments or
booths one Of the Official tickets without the
official stamp herelnbefore provided for. and
not less tnan three such tickets posted else
where In and about the polling places upon the
day Of election.
SEC 81. In the canvas OF the vote any bal
lot which Ia not endorsed, as provided for in
this act. by the official stamp, shall be void and
shall not be counted. and any ballots or parts
Of 4 ballot from which 1t is impossible TO de-
terInine the electors choice, shall be void and
shall not be counted. Provided, that when q
ballot Is sufficiently plain TO gather theTefrom
part OF the voters intention, that IL shall be
the duty OF he judges OF election 70 count
such part.
SEC 80. 40 person shall falsely MAKE, or
make oath TO- or fTaudnlently deface, or fraud.
ulently destroy any certificate OF nomination
or any part thereof; file, or receive for
fling any certificate Of nomination know
ing The same or any part thereof TO bo
falsely made, or suppress any certificate Of
nonination which has been duly filed, or any
part thereof or forge or falsely make the OFF,
cisl endorsement on any ballot. Every person
violating any OF the provisions OF this section
shall be deemed guilty OF felony. and on con-
victiou thereof in any court of competent iurfs-
diction shall be punished by imprisonment in
the penitentiary for period OF not less than
one year nor more than tye years
SEC 33. No person shall during the election,
remove or destroy any OF the supplies or other
coaveniepcee placed in the booths or oompart-
ments for the purpose Of enabling the voter 20
prepase his ballot, or prior to or on the day OF
election. willfullv deface or destroy any list OF
candidates posted in accordance with the pro-
visions OF this act; No person shall. during
an election, tear down or deface the cards
printed for the instruction Of the voters. Every
person willfully violating any OF the provis-
ions OF this section shall be deemed guilty OF
misdemeanor, and upon conviction thereof in
any court Of competent jurisdiction shall be
ined in any sum not less than two hundred
dollars.
SEC. 81 Every public officer upon whom
any duty is imposed by this act, who will
lshalll willfully perform any act or thing herein
prohibited, or neglect TO peform any duty as
imposed upon him by the provisions Of this
act, shall be deemed guilty OF a misdemeanor,
and upon conviction thereof shall forfeit his Of.
nee and shall be punished by Imprisonment in
the county Jail for term OF not less than one
month nor more than six months, or by fine
OF not less than hfty dollars nor more than i've
huHdred dollars or both such tine and impris-
onmeut.
SEC 35. No officer OF election shall do any
eiectioneering on election day. No person
whatsoever shall do any eiectioneering on elec-
u day within any. pol ling place, or any
L ling in which an election is being held. or
win fifty feet thereof. nor Distract ths
doors or entries thereto. or prevent free ingress
TO and egress from said building ANY election
loficerl sheriff, constable or other peace officer
is hereby authorized and empowered, aud IL IL
hereby made his duty, TO clear the passage ways
aud prevent such obstruction, and to arrest anv
person so doing No person shall remove any
ballot from the polling place before the closing
of the polls. No person shall show bis ballot
after IL is marked TO any person In such a wav
as TO reveal the contents thereof, OF the name
OF the candidate or candidates for wnom he
has marked his vote, nor shall any person So
hcit the elector TO show the same. nor shall any
person except judge 9f election receive from
any elector ballot prepared for voting No
elector shall receive a ballot from any other
person than one OF the judges OF election hav-
ing charge OF the ballots, nor shall anv 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 person shall make q
false statement as TO bis inability to mark his
ballot. No elector shall place any mark upon
his ballot by whicl At NAV afterwards be iden-
titled rs 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 Judgea Whoever
shall violate any OF the provisions OF this sec-
tion shall be deemed guilty OF q misdemeanor,
and upon conviction thereof In any court OF
competent Jurisdiction shall be hned In any
sum not exceeding two hundred dollars and ad-
judged TO pay the costs OF prosecution. and
shall stand committed to the county Jail until
such f1ne and coats are paid. nos exceeding
sixty dayA
SEC, SO. Any person entitled to vote az any
election held within this state, shall on the day
OF such election. be entitled TO absent himself
from any service or em mployment Ia which he 10
then engaged or employed. Tor period OF two
CD hours. between the time OF opening and the
time OF closing the polls: and such voter shAll
not because OF 50 absenting himself be liable
TO anyp enaity. nor shall any deduction be made