The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1912-10-11
Proposed By Initiative Petition.
EIGHTH CONSTITUTIONAL AMEND
MENT,

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EIGHTH CONSTITUTIONAL AMEND
MENT.
Providing that grand %Iurles, In lnves-
t~igatlng elections, may open ballot
boxes compel the production Of reglstra-
ton lists, voting lists and tally sheetsj
providing for trials on Indictments re-
turned In such Investigations; prescribing
Che name of selection and the qualifica-
tons Of election officials; requiring po-
Nccmen to be stationed In and near
polling places In certain cities and pre-
5crIbing the manner Of voting therein.
Proposed amendment to the Constltu-
ton Of Missouri, to be submitted to the
legal voters thereof, for their approval OF
rejection, at the regular general elcctlui
10 be held on Tuesday, the fifth day o.
November, A. ID. 1912, and empowering
grand iuries to investigate ofenses COM
mitted in elections, TO return Indictments
thereon, ana providing for the trial upon
Sacn indictments in the courts; also pro-
Nioing for the manner Of conducting cleo
lions, the duties Of officers INT voters
with reference thereto, and the qualul,,
lions n selection of judges clerbs
Of election throughout the state and In
cities Of % 900 inhabitants or more.
Section I. The ballot shall remain Sc
cret In Missouri, but where crime has
49, 81 AAAA NANkNhhAA 3NAANAN
shall yield to justice, and no impedimeut
shall be placed in the way Of the de-
lection, prosecution n conviction Of the
guilty. The investigation Of all elections
in which 1t is sought to open ballot boxes
in search of crime shall be conducted by
a grand jury composed Of competent, in
telligent citizens of high moral charac-
ter. Such grand jury shall have power
to compel the production Of registration
lists, voting lists, tally sheets and all
documentary ayfHanNp NJ a.rarg E4nl.
also to compel the production Of ballot
boxes, to open the same and examine the
ballots; also to subpoena witnesses and
take their testimony; also to compare any
part oil the evidence, oral, written or print
ed, with any other part Of the evidence.
Voters may state under oath what their
ballots were as voted. The jury, grand
or petit, shall decide under the law and
all the facts whether or not ballots have
been wnlfully and knowingly tampered
with, or changed, or mlsread, or falsely
counted, or false ballots placed in their
stead. Upon any indictment returned a
speedy pubic trial shall be had, and the
ballots and documentary and oral evil
dence considered by the grand jury, and
other competent evidence, may be intro
dueed In the trial under the rules Of law.
A grand jury, for the investigation Of
elections as above provided. shall be
called in each county and in any city
with a government independent Of the
COUNTY Wy NAAG 6NNNA4A INAAt0 AlIuNklINHL
the state empowered by law to call grand
juries, within thirty days after each gem
eral election, or If a judicial circuit or
district Is composed OF several counties,
then at the next term of the court there
after. Such grand Jury shall take the
place Of a regular annual grand jury,
now provided for by law TO investigate
elections and for other purposes. and
when convened shall possess all the pow
ers as TO investigations and the indict-
antr % pffav,l.Ng FAp F,InFF.- I'D 80.
demeanors possessed by a regular grand
jury. II is hereby made the imperative
duty Of the judge Of the court to specific
ally charge such grand jury 10 investi-
gate the preceding general election, or
he may charge them to investigate Of
tenders in other elections not barred
under the law by Limitation.
Section II. Competent persons who re-
ceive the protection Of the law shall
owe 1t to the state to act as election
officials, and individuals Of the very high
est moral character to be found shall be
selected. Neither poverty, nor wealth,
nor magnitude of business, nor profess
sional callings however exalted, shall eX-
cuse the citizens unless serious injury
would result, but druggists and physi-
clans may be excused If they demand it.
All judges and clerks of elections In
cities above Is, 1000 inhabitants shall hold
their offices for a specified term, and
shall be examined thoroughly as to their
qualifications, Any election commissions
er or other officer charged with the Sc
lection Of election officials who shall sail
to make diligent search for men OF good
character, or who shall willfully pass by
men of good character, and knowingly
select persons Of bad reputation as cleo
ton officials, shall be deemed guilty ol a
misdemeanor. In all cities of $4,000 in
habitants or more two competent judges
and one competent clerk of high moral
character shall be chosen for each pre-
cinct from the city at large, and who
do not reside in the precinct for which
they are chosen. These, with the two
judges and one clerk chosen from the
precinct, shall constitute the judges and
clerks for such precinct, and all judges
and clerks shall be equally divided IN
each precinct between the two political
parties having the largest number Of
votes in the state as shown by the last
general election. In every precinct in
such cities there shall be stationed two
policemen, one outside and n inside
the booth, who shall protect all election
officials, ohallengers, watchers, voters
and others, and who, for willful failure
to do so, shall be adjudged guilty Of a
misdemeanor. Wherever registration Is
required the person who registers shall
sign his name on the registration book,
and when he comes to vote he shall again
sign his name opposite his number on
the poll book, and the election officers
may compare the signatures. II the
voter cannot sign his name then he shall
make his mark IN the usual way on the
registration book, duly attested in writ
ing by two or more reputable witnesses
to whom he Is known, and when any in
dividual offers to vote under such name
the judges may determine from the tes-
tinlony Of the attestlng witnesses, or IL
they cannot be produced then from other
proof, whether or not he Is the same
person who made his mark on the regis
tration book, and in voting he shall again
make his mark attested as above re-
quired. If any person signs any other
ing he shall be adjudged guilty of forg-
cry and punished as may be prescribed
by statute. Every political party and
every body Of citizens organized for the
purpose Of passing any constitutional
amendment shall be entitled to a repre-
sentative inside OF the booth to watch
the balloting and counting, and In addi-
tion thereto shall also be entitled to one
challenger, Where 1t is provided herein
that a violation OF any provision Of this
amendment shall be n misdemeanOr the
punishment shall be fixed by statute. II
the offender is a regular official he shall,
upon conviction. forfeit his office, n he
may be prosecuted under this amendment
and his office forfeited Independent Of
any statute. The word election as used
herein shall be construed to mean any
election, general or special, whether
primary election held under the law.
This amendment shall be self-enforcing,
but legislation may be enacted to faclli-
tate its operation.
Section III. Any constitutional pro-
vision. or law or mart thereof in conflict