The Montgomery advertiser., 1903-01-24

as to Induce the belief that the same was done with e fraudulent Intent, such 1 ballots must be coinpared with their mum Der on the poll nsts. and if ascerfained to be fraudulent. must be rejected; and if any ballot contains the names of more persons than the voter had right to vote for the first of such names on such ticket to the number the voter was entitled to vote for. only must be counted. Sec. 27. As soon as the ballots are all counted out. the inspectors must ascer- tain the number of votes received for each person, and for that office; and must make a written statement of the same. which statement must be signed by them they must also certify in writing on each one of the poll lists. that it Is the poll list of the election precinct at which they were managers; the day and year on which such election was held; and for what offices, which, certificates must be signed by them ;and such statement of the votes and poll lists must be sealed up together, directed to the returning officer of the county, and be delivered to the returning officer of the precinct.
 Must Keep the Ballots.
 "Sec. 2s, The inspectors must then seal up the ballots deposited in the ballot box, and the rejected pallets in separate par cells, which must be labelled so as to show for what office, or offices the ballots contaiHed therein were received, and in case of rejected ballots. the label must so designate them: and must also seal up the other poll lists and label the same; and the ballots and poll lists thus sealed UP must be kept for sixty days by on of the inspectors and thep be destroyed without opening, unless within that time. the inspector having them in keeping, is notified that the election of some officer for which the election was held, will be contested; in which case. they must be preserved, sub ject to the order of the tribunal trying such contest, until the same is finally de- tezmined.. and then destroy them.
 Sec. @. The statement of votes and the poll-llst delivered to the returning officer Of the precinct. according to law. must be delivered by hbn to the returning officer of the County within twenty-four hours after the election; and on failure so to do. the returning officer of the pre- cinct Is guilty of misdemeanor. and on conviction must be fined not less than $500.
 Sec. 30. On the Saturday next after the election. at the hour of F o'clock r.. the returning officer of the County, or by deputy, at the court house in the presence of the judge of probate, and clerk of the Circuit Court, and if either of them fail to be present, his place must be supplied by his proxy, who shall be . respectable free-holder or householder of the County and in the presence of such other per- sons as may attend, must make correct count from the returns of the votes from the several precincts in his County of the whole number of votes cast therein. for each office. and the person for who such votes were cast.
 Sec. 31. On making such count, if it be found that two or more persons have the highest and an equal number of votes for the same office. the judge of probate, and if he be absent, the sheriff of the County. and if he be absent the clerk of the circuit court of the County must give the casting vote as between such per- sons.
 Sec. g. As soon as the count required Is made, the returning officer of the County, or the person attending in his place, must make out a statement In writing, showing: what ofices the elec- ton was held to fill; the whole number of votes cast in the County, for each of- flee, according to the returns from the election precincts; the names of the per- sons for whom such votes were cast; the number each one received. and the office he received them for. This statement signed by him must on the same day be delivered to the judge of probate. and If there be none, to the clerk of the circuit court of his County. and must, by the said judge of probate, or clerk, be re- corded in his ofice.
 "Sec. 3a. The person having the high- est number of votes. including the cast ing vote. if one should be given for each office. must be declared elected to such Ofiice.
 Sec. a.. The returns and poll lists from the different precincts must then be delivered to the fudge of probate by the returning officer of the county. or if there be no such judge. then to the clerk of the circuit court and must be kept by such judge or clerk for a period of one year, free from the inspection or exam inaton of any person whatsoever, unless in some judicial proceeding 1t may be necessary to examine them under order of. some competent tribunal. Alter tne expiration of one year, they shall be de- stroyed, unless ordered by competent court to be preserved.
 Sec. 35. No return, poll list, or certln- cate made to the returning officer of the county, must be set aside for the want of form, if 1t be intelligible or on account of not being properly directed, if the same can be clearly understood: and any such return poll list or certificate signed by a majority of the inspectors Is sufficient.
 Sec. 3s. Any inspector. who is legally appointed and duly notified of his ap- pointment, that shall fail to be'present at the voting place, in his precinct, on the day of the election when the polls are opened, within a good and legal excuse for such absence, shall be guilty of rnisdemeanor and upon conviction shall be fined not less than $500; provided. that upon notification of his appointment he does not within three days afterwards, inform the judge of probate Of his resig- nation of the appointment. Upon such information the judge of probate, sheriff and clerk of the court shall appoint an- other inspector in his stead.
 Sec. 37. Any qualified elector who shall sell. or offer to sell, his vote for money or other thing of value. is guilty of a felony. and on conviction, shall be sentenced to hard labor in the peniten- tiary for q period not less than two years. and shall forfeit his right to vote; and any qualified elector who shall vote or offer to vote more than once at any election, is guilty of misdemeanor, and on conviction. shall be fined 't500 and be Imprisoned not less than six months.
 Ser. So. 1t shall be the duty Of the ,ctufnlng officer in each county of the state to make the returns of each of said counties to the Secretary of State as soon as possible, after the total vote of the County is ascertained.
 Sec. s9. If frauds and irregularities are ascertained or developed in holding the election, nothing in this act shall be