Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1893-05-11

formation regarding tho same The clerks Of
elections shall onter upon poll lists after the
name OF any electOr who received such assist
ance In making his ballot, memorandum OF
the fact, lntoxlcation shall not be regarded
as physical disability, and no intoxicated
person shall be entitled TO assistance In max
Ing his ballot
SEC. "a. Any person entitled TO vote at a
general election In this state shall, on the day
Of such election, be entitled TO absent himself
from any service or employment In which he
Is then engaged or employed for period OF
two hours, between the time OF opening and
closing the polls, and such voter shall not be-
cause OF 30 absentlng himself, BIO liable to any
penalty, nor shall deduction BIO made on ac'
count Of such absence from his usual salary OF
wages. Provided, however, That application for
| such leave OF absence shall be made prior to
the day OF election. The employer may specify
the hours during which said employo may
| absent himself, as aforesaid. Any person or
corporation who shall refuse to an employee
the privilege hereby conferred or shall sub
| )ect an employe TO q penalty or deduction OF
| wages because OF the exercises OF such priv
ileges, or who shall In any manner attempt to
influence or control such voter as to how he
shall vote by Offering any reward,o by threat.
ening his discharge from employment, or 9TH
erwise intlmidating him from q full and free
exercise OF his right to vote or shall, directly
or indirectly, violate the provisions OF this
! section, shall DO deemed guilty OF q mlsde-
meanor, and be fined In any sum not less than
fifty (5Ol, dollars or more than one hundred
(10O) dollars.
SEC. %. II % voter marks more names than
there are persons to be elected to an office, or
fails TO mark the ballot as required by other
section OF this act, or II for any reason II is linz
possible to determine the voters choice for an
office to be filed his ballot shall not be counted
for such office. No ballot without the official
Endorsement shall BIO allowed TO be deposited
In the ballot-box, and mono but ballots pro-
vided In accordance with the provision OF this
act shall be counted. Ballots not counted
shall be marked defective" on the back
thereof, and the ballots to which objections
has been made by either of the judges or chal-
lengers shall be marked Objected to" on the
back thereof, and q memorandum signed by
the judges, stating how 1t was counted, shall
BIO written upon the back Of each ballot so
marked, and oil ballots marked Defective or
"objected To-" shall be inclosed in an envelope,
securely sealed, and 30 marked and Endorsed
as to clearly disclose Its contents. All ballots
not used, and all that have been spoiled by the
voter while attempting to vote, shall BIO re
turned by the.judges OF election to the officer
or authority charged with the printing and
distribution Of the ballots, and a receipt taken
therefor, and shall be preserved for six months.
Such officer shall keep record OF the number
OF ballots delivered for each polling place, the
name OF the person to whom and the time
when delivered, and he shall also enter upon
such record the number and character OF the
ballots returned, with the time when, the
canvass shall have been completed, as now pro-
vided by law, the clerks shall announce to the
judges the total number Of votes received by
each candidate; at least one judge OF the cleo
ton shall then proclaim, In loud voice, the
total number Of votes received by each OF the
persons voted for, and the office for which he
is designated, as announced by said clerks,
and the number Of votes for, and the number
OF votes against, any proposition which shall
have been submitted to the vote Of the people
when counting the ballots, the judges shall
fold each ballot,and string closely upon q
single piece OF flexible wire or cord, all ballots
which have been counted by them except
those marked "Defective" or "Objected to, .
unite the ends Of such wire or cord in firm
knot, seal the knot with sealing wax, In such
manner thatlt cannot be united without break
Ing the seal, tncose tho ballots 80 strung In an
envelope, and securely seal such envelope with
sealing wax, In such manner that It cannot
be opened without breaking the SEAL and re-
turn said ballots together with the package
with the ballots marked defective" or "Ob-
jected to-" in such sealed packages or envel-
opes, to the proper clerk from whom the
same were received, and such officer shall
carefully preserve such ballots for two years
and six months, and, at the expiration OF that
time, shall destroy them by burning, without
previously opening the package or envelope.
Such ballots shall be destroyed In the presence
of the official custodian thereof and two elect
ors OF approved integrity and good repute,
and members, respectively, Of the two leading
puTGlbS. Inc BHlu olGCUOrB small DO
designated by the chairman Of the board OF
county commissioners Of the county In which
such ballots are kept: Provided, That IL any
contest OF the election Of any officer voted for
at such election shall be pending Mt the expi-
ration of said time, the said ballot shall not be
destroyed until such contest Is finally deter
mined. In all cases of contested elections,
the parties contesting the same shall have the
right to have such ballots opened, and to have
all the errors Of the judges in counting or re-
fugtnR pOnDt. hOIlntq pOFrpptp1 tho
court or body trying such contest; but such
ballots shall be opened only in open court, or
In an open session OF such body, and In the
presence OF tho officer having the custody
thereof.
SEC. %, No person whatever shall do any
electioneering or soliciting of votes on election
day within any polling place, or within one
hundred 900 feet OF any polling place. No
person shall interrupt, hinder or oppose any
voter while approaching the polling place for
the purpose OF voting. Whoever shall violate
the provisions Of this section shall be pun
ished by fine Of not less than twenty-five (25)
dollars nor more than one hundred (100) dol
lars, or imprisonment for not less than ten
l10) days nor exceeding thirty days (3O), or by
both fine and imprisonment, for each and
every offense; and 1t shall be the duty OF the
judges OF election to enforce the provisions Of
this section.
SEC. o. Any person who shall, except as
herein otherwise provided, mark or fold his
ballot so as to be distinguished or allow his
ballot to be seen by any person with an appar-
emit intention OF letting 1t be known how he Is
about to vote, or who shall make a false state
ment as to his inability to mark his ballot, or
any person who shall interfere or attempt to
interfere with any Of the voters when inside
said Enclosed space, or when marking his bal
lot, or who shall endeavor to induce any voter,
before voting to show how he marks or has
marked his ballot, or any ballot, my character
for the purpose Of Identifying said ballot, shall
be punished by fine OF not less than twenty.
five dollars ($2j) nor more than one hundred
dollars ($l00), or by imprisonment for not less
than ten (10) days nor exceeding thirty (3Ol
days, or by both fine and imprisonment; and
1t shah be the duty of election judges to en-
force the provisions OF this section.
SEC %. Any person who shall, prior to any
election, willfully destroy or deface any list Of
candidates posted In accordance with the pro-
visions OF this act, and who, during an cleo
ton, shall willfully deface, tear down, remove
or destroy any card OF instruction or specimen
ballot, printed and posted for the instruction
Of voters, or who shall, during the election,
willfully remove or destroy any OF the supplies
or conveniences furnished to enable voters to
prepare their ballots, or shall willfully hinder
the voting OF others, shall be punished by q
fine Of not less than ten dollars $50 nor more
than one hundred dollars ($100), or imprlson-
ment for not less than ten (10) days nor ex-
ceeding thirty (3O) days, or by both fine and
imprisonment.
SEC. %. Any person who shall falsely make
or willfully destroy any certificate OF nOmina-
ton or nomination papers, or any part
thereof, or any letter OF Withdrawal, or hle any
certificate Of nomination or nomination pa
pers knowing the same, or any part thereof, to
be falsely made, or suppress any certificate Of
nomination, or nomination papers, or any part
thereof, which have been duly fled, or forge
or falsely make the official Endorsement on
any ballot, or substitute therefor any spurious,
counterfeit ballot, or make, use, Circulate or
cause to be made or circulated, as an official
ballot, any paper printed in imitation or re-
semblance thereof, or willfully destroy or de-
face any ballot, or willfully delay the delivery
of any ballots shall be punished by q fine OF