Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1892-10-01

Oh. NO person. except the election
officers. challengers and voters while
going to the election room to vote and
returning therefrom, shall be or remain
within sixty feet of said room; but this
section shall not apply to persons living
or carrying on business within that dis
lance of the election room. in the dis
charge of their legitimate business. OF
to persons whose business requires them
to pass and repass within sixty feet OF
such room.
50. At or before the opening of the
polls. the commissioners Of election
shall open the package of ballots in
such manner as TO preserve the seals
intact, and then deliver all of the bal
lots to the poll clerks.
Sc. On any day of election OF public
officers in any elee ion precinct, each
qualified voter shall be entitled to re-
ceiye from the poll clerks one ballot.
On entering the election room the voter
shall give his name and residence to one
of the poll clerks. who shall thereupon
announce the same in Il loud and dis
tinct tone of voice. The poll clerk
shall then deliver to him one. and only
one, ballot, except as herein otherwise
| provided
81. On receipt of his ballot. the vo-
ter shall forwth. and without leaving
the enclosed space. retire alone to one
of the booths or compartments provided
for the purpose, and shall prepare his
ballot. as provided in section thirtv-four
| OF this chapter. After preparing his
ballot, the voter shall fo'd the same so
4 that the face thereof shall not be ex
/ posed, and SO that the names of the poll
clerks thereon shall be seen. unless he
elect to vote openly. When the voter
has prepared his ballot he shall then
vote forewith, and before leaving the
polling place. He shall give his name
and present his ballot to one of the COM
missionerS of election. who shall pro-
;aim in a loud and distinct tone. the
name of the person offering to vote, and
hand the ballot to another of said com.
missioners of election, of a different
| political party than his own, and if a
majority of said board are satisfied that
the ballot is single, and that the person
IS entitled to vote at the said election,
,ne of the said commissioners of cleo
ION shall deposit the ballot in the bal
'ot-box, and the poll clerks shall enter
he name of the voter on the poll books,
numbering the voters in the order in
which they vote. The commissioners
of election may inspect every ballot
before it is deposited in the bal!ot-box
TO ascertain whether it is single. but
without unfolding or uurolling it, so as
to disclose its contents. When the
voter has voted. he shall retire immedi-
ately from the election room and beyond
the sixty feet limit thereof
So. Not more than one person shall
be permitted 10 occupy any booth or
compartment at one time and no per-
son shall remain in or occupy a booth
Or compartment longer than may be
necessary to prepare his ballot, and in
40 event longer than five minutes. No
voter, or person Offering to vote. shall
hold any conversation or communication
with any other person than the poll
clerks. or commissioners of election,
while in the election room
50 ANY voter who shall spoil, de-
face or mulilatc the ballot delivered to
him, may, on returning The same to the
poll clerks, receive another in place
thereof. Every person who does not
vote any ballot delivered to hIm, shall
before leaving the election room, return
such ballot to the poll clerks. When
4 spoiled or dcfaced ballot is returned.
the poll clerks shall make minute of
the fact on the poll lit, at the time, and
such ballot shall then be DESTROYED by
them in the presence of the commission
ers of election.
60. Any voter who declares or indi,
Gates to the poll clerks that he can not
read or write, or that by reason Of
physical disability he is unable to pre-
pare his ballot may declare his choice
OF candidates to the poll clerks. who. il
the presence of the voter and in the
presence of each other shall prepare his
ballot, for voting in the manner herein
before provided. and on request, shall
read over 10 such voter the names of thg
candidates on the blllot, as 50 prepared,
or such voter may require the poll
clerks to indicative to him the relative
position of the names of the candidates
on the ballot, whereupon the voter shall
retire to one of the booths or compart-
ments, to prepare his ballot in the
manner hereiubefore mentioned. Any
poll clerk who shall deceive any voter
in selecting or preparing any ballot, or
prepare the same in any other way than
{ shall hn
guilty of felony, and on conviction
thereof, shall be imprisoned in the peni-
Tertiary FOR not less than two nor more
than five years.
6l No commissioner OF election
shall deposit in the ballot box, any bal
lot upon which the names of the poll
clerks, as hereinbefore provided for, do
not appear.
SO. Any person who shall remove
or attempt to remove ballot from the
election room, or having in his posses
sion outside the election room, any bal
lot either genuine or counterfeit, during
the election, shall be guilty of felony,
and on conviction thereof, shall be i'm
priSoned in the penitentiary not less
than two nor more than five years.
ADDITIONAL oFFENsEs AND PENALTIES.
IA. Any officer or person who shall
offend in any of the following particu-
lars:
First. Any commissioner of election
or poll clerk who shall knowingly make
or cause 10 be made, or conspire with
others to make, a false return of the
result of the woes cast for any caudi-
date at precinct election held pursuant
to law or,
Second Any commissioner of cleo
ton receiving the ballot of voter to be
deposited in the ballot-box at any pre-
einct election, who shall put another
ballot in the box instead OF the one 40
received by him; or
Third. Any commissioner of election
or poll clerk, who shall count and string
ballot not taken from the ballot-box,
in lieu Of one taken, or which should
have been taken from such ballot-box /;
or,
Fourth. Any commissioner of a
county court, whether acting as such or
e. oficio as member of board of can
vassers or otherwise, clerk of county
court, or other person, who shall alb
stract from any package of ballots vo-
ted, sealed and returned from any pre-