UC-NRLF B ^ bD^ 7^D 0<^ »tati of §bo(l( gistlaua and fxt^vlAtnct ^tantationis!. ELECTION LAWS OF THE Itate of Rhode Island 1912. PROVIDENCE, R. I. J. FREEMAN COMPANY, STATE PRINTERS. 1912. !► ELECTION LAWS OF THE State of Rhode Island 1912. t -*-» JL. rignt I P R O VI D E N C E, R. I. tions in . k. l. freeman company, state pkintehs. so qualif 1912. 3^' 'IP Extracts from the Constitution OF THE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS, AS AMENDED, RELATIVE TO ELECTIONS, ETC. ARTICLE IL Of the Qualifications of Electors. Section L Every male citizen of the United States, of the Electors own- age of twenty-one years, who has had his residence and home in '"^^ this state for one year, and in the town or city in which he may claim a right to vote, six months next preceding the time of voting, and who is really and truly possessed in his own right of real estate in such town or city of the value of one hundred and thirty-four dollars over and above all incumbrances, or which shall rent for seven dollars per annum over and above any rent reserved or the interest of any incumbrances thereon, being an estate in fee-simple, fee-tail, for the life of any person, or an estate in reversion or remainder, which qualifies no other person to vote, the conveyance of which estate, if by deed, shall have been recorded at least ninety days, shall thereafter have a right to vote in the election of all civil officers and on all ques- tions in all legal town or ward meetings so long as he continues so qualified. And if any person hereinbefore described shall :iJJo0l3 ELECTION LAWS. Qualifications of electors gen- erally. Superseding Article VI. of Amendments. Qualifications requisite to vote for city councils and on monetary prop- ositions. Poll-tax to be a.ssessed an- nually on what persons for the support of pub- lic schools. ow^i any such estate within this state out of the town or city in which he resides, he shall have a right to vote in the election of all general officers and members of the general assembly in the town or city in which he shall have had his residence and home for the term of six months next preceding the election, upon pro- ducing a certificate from the clerk of the town or city in which his estate lies, bearing date within ten days of the time of his voting, setting forth that such person has a sufficient estate therein to qualify him as a voter; and that the deed, if any, has been recorded ninety days. Sec. 2. [Section 2 annulled by article VII. of the amend- ments, April, 1888, and the following substituted.] Every male citizen of the United States of the age of twenty-one years, who has had his residence and home in this state for two years, and in the town or city in which he may offer to vote six months next preceding the time of his voting, and whose name shall he registered in the town or city where he resides on or before the last day of June; (see article XL, section eleven of amend- ments) in the year next preceding the time of his voting, shall have a right to vote in the election of all civil officers arid on all questions in all legally organized town or ward meetings: Pro- vided, that 710 person shall at any time he allowed to vote in the election of the city council of any city, or upon any proposition to impose a tax or for the expenditure of money in any town or city, unless he shall within the year next preceding have paid a tax assessed upon his property therein, valued at least at one hundred and thirty-four dollars. Sec. 3. [Section 3 annulled by article VII. of the amend- ments, April, 1888, and the following substituted.] Article VII. op Amendments, Sec. 2. The assessors of each town and city shall annually assess upon every person who, if registered, woidd he qualified to vote, a tax of one dollar, or such sum as with his other taxes shall amount to one dollar, which tax shall be paid into the treasury of such town or city and be ELECTION LAWS. 5 applied to the support of public schooh therein: Provided, that ^^\\^j^ remitted, mch tax assessed upon any person who has performed military duty, shall be remitted for the year he shall perform such duty; and said tax assessed upon any mariner for any year while he is at sea, or upon any person who by reason of extreme poverty is unable to pay said tax, shall, upon application of such mariner collection and . remission to be or person, be remitted. The general assembly shall have power as provided by to provide by law for the collection and remission of said tax. Sec. 4. No person in the military, naval, marine, or any whosUaiinot gain residence, other service of the United States shall be considered as having °^ be^permitted the required residence by reason of being employed in any garrison, barrack, or military or naval station in this state: and no pauper, lunatic, person non compos mentis, person under guardianship, or member of the Narragansett tribe of Indians, shall be permitted to be registered or to vote. Nor shall any person convicted of bribery, or of any crime deemed infamous at common law, be permitted to exercise that privilege, until he be expressly restored thereto by act of the general assembly. Sec. 5. Persons residing on lands ceded by this state to the Residents upon land ceded to United States shall not be entitled to exercise the privilege of United states ^ ^ not electors. electors. Sec. 6. The general assembly shall have full power to pro- Powersof " '' -^ ^ assembly as to vide for a registry of voters, to prescribe the manner of conduct- *'''^'=*'°"^- ing the elections, the form of certificates, the nature of the evi- dence to be required in case of a dispute as to the right of any person to vote, and generally to enact all laws necessary to carry this article into effect, and to prevent abuse, corruption and fraud in voting. Article IV. of Amendments. Electors of this state who, in Electors absent •' ' irom the state time of war, are absent from the state in the actual military service ler^d oi^thT^^ of the United States, being otherwise qualified shall have a right allowed to vote. to vote in all elections in the state for electors of president and vice- president of the United States, representatives in congress, and general officers of the state. The general assembly shall have b ELECTION LAWS. full power to provide by law for carrying this article into effect; and until such provision shall he made by law, every such absent elector, on the day of .such elections, may deliver a written or printed ballot, with the names of the persons voted for thereon, and his christian and surname, and his voting residence in the state, written at le7igth on the back thereof, to the officer commanding the regiment or company to which he belongs; and all such ballots, certified by such commanding officer to have been given by the elector whose name is written thereon, and returned by such com- manding officer to the secretary of state within the time prescribed by law for counting the votes in such elections, shall be received and counted with the same effect as if given by such elector in open town, ward, or district meeting; and the clerk of each town or city, until otherwise provided by law, shall within five days after any such election, transmit to the secretary of state a certified list of the names of all such electors on their respective voting-lists. ARTICLE V. Of the House of Representatives. Section 1. [Section 1 annulled by article XIII. of the amendments, November, 1909, and the following substituted.] House of repre- ff^g housc of representatives shall never exceed one hundred sentatives is j r tuted.°"**'' members, and shall be constituted on the basis of population, always allowing one representative for a fraction exceeding half the ratio; but each town and city shall always be entitled to at least one member; and no town or city shall have more than one- fourth of the whole number of members. The general assembly Ratio of reprc- may, oftcr ouy ucw ccnsus taken by the authority of the United sentation. ^ i ./ j ^ u j States or this state, re-apportion the representation in conformity with the foregoing provisions. As soon as this amendment goes into effect, the general assembly shall divide each town and city into as many districts as it is entitled to representatives, and after each census, or as occasion may require, the general assembly ELECTION LAWS. 7 may so divide each town and city, and one representative shall be elected from each district by the qualified electors thereof. Such district shall be as nearly equal in population and as compact in territory as possible. Sec. 2. The house of representatives shall have authority ^i?y «'''"'* '^s to elect its speaker, clerks and other officers. The senior mem- Newporrm°em- ber from the town of Newport, if any be present, shall preside zatfon. in the organization of the house. ARTICLE VI. Of the Senate. Section 1. The senate shall consist of the lieutenant- senate is how constituted. governor and of one senator from each town or city in the state. [Sections 2 and 3 annulled by article XIV. of the amend- ments, November, 1909, and the following substituted.] Article XIV. of Amendments, Section 1. The lieutenant- Presiding offi- cer, and his governor shall preside in the senate and in grand committee. The "^^'^ ^" ''°^- presiding officer of the senate and grand committee shall have a right to vote in case of equal division, but not otherwise. Sec. 2. //, by reason of death, resignation, absence, or other May elect a cause, the lieutenant-governor is not present, to preside in the offi'-f'-, when. senate, the senate shall elect one of their own members to preside during such absence or vacancy; and until such election is made by the senate, the secretary of state shall preside. The presiding officer of the senate shall preside in grand committee and in joint assembly. Sec. 4. The secretary of state shall, by virtue of his office, be secretary of the senate, unless otherwise provided by law, and the senate may elect such other officers as they may deem necessary. ELECTION LAWS. ARTICLE VIII. Election of general officers and members of assembly. Incapacity or failure of elec- tion. Of Elections. [Sections 1 to 9 annulled by article XL of the amendments, November, 1900; sections three to eleven of said article XL are as follows.] [Section 2 of article XL of amendments annulled by article XVI. of amendments, November, 1911, and the following sub- stituted :] Article XVI of Amendments, Section 1. The governor, lieutenant-governor, secretary of state, attorney-general, general treasurer, and senators and *representatives in the general assembly shall he elected at town, ward, and district meetings on the Tuesday 7iext after the first Monday in November biennially, commencing A. D. 1912, and shall severally hold their offices for two years from the first Tuesday of January next succeeding their election, and until their successors are elected and qualified. Sec. 3. When the governor-elect shall die, remove from the state, refuse to serve, become insane, or be otherwise incapacitated, the lieutenant-governor-elect shall be qualified as governor at the beginning of the term for which he was elected. When both the governor and lieutenant-governor-elect, or either the lieutenant- governor, secretary of state, attorney-general, or general treasurer- elect are so incapacitated, or when there has been a failure to elect any one or more of the officers mentioned in this section, the general assembly shall upon its organization meet in grand committee and elect some person or persons to fill the office or offices, as the case may be, for which such incapacity exists, or as to which such failure to elect occurred. When the general assembly shall elect any of said officers because of the failure of any person to receive a plurality of the votes cast, the election in each case shall be made from the persons who received the same and largest number of votes. *See Article XIII of Amendments adopted Nov., 1909, and Chapter 9 of the General Laws as amended by Sec. 3 of Chapter 640, Public Laws. ELECTION LAWS. Sec. 4. If the offices of governor and lieutenant-governor be „ffi«,"or|over- nor and lieu- tenant-govor- iior, how filled. both vacant, by reason of death or otherwise, they shall be filled tonant-gov"r- by the general assembly in grand committee, and the acting governor shall, if the general assembly is not then in session, call a special sessio7i thereof for that purpose unthin twenty days after both of said offices become vacant if a stated session is not sooner to occur. Sec. 5. In case of a vacancy in the office of secretary of state. Vacancies in general offices, attorney-general, or general treasurer from any cause, the general ^ow filled. assembly in grand committee shall elect some person to fill the same: Provided, that if such vacancy occurs when the general assembly is not in session the governor shall appoint some person to fill such vacancy until a successor elected by the general assembly is qualified to act. Sec. 6. When a senator or representative elect shall die, remove Vacancies in general asseni- from the state, refuse to serve, become insane, or be otherwise in- biy or incapac- •' ' -' ' ' ity, how filled, capacitated, or when at an election for any senator or representative no person shall receive a plurality of the votes cast, a new election shall be held. A vacancy in the senate or house of representatives shall be filled at a new election. The general assembly shall provide by general law for the holding of such elections at such times as to insure that each town and city shall be fully represented in the general assembly during the whole of every session thereof so far as is practicable. Every person elected in accordance with this section shall hold his office for the remainder of the term or for the full term, as the case may be, of the office which he is elected to fill, and until his successor is elected and qualified. Sec. 7. In elections by the general assembly in grand com- Elections in mittee the person receiving a majority of the votes shall be elected, "orftrvote.™^ Every person elected by the general assembly to fill a vacancy, or pursuant to section 3 of this article, shall hold his office for the remainder of the term or for the full term, as the case may be, and until his successor is elected and qualified, 2 10 ELECTION LAWS. grand'Tom- ^^c. 8. A quorum of the grand committee shall consist of a ™' ' majority of all the members of the senate and a 7najority of all the members of the house of representatives didy assembled pur- suant to an invitation from one of said bodies which has been accepted by the other, and the acceptance of which has been com- municated by message to the body in which such invitation origi- nated, and each house shall be attended by its secretaries and clerks. No act or business of any kind shall be done in grand committee other than that which is distinctly specified in the invitation by virtue of which such grand committee is assembled, except to take a recess or to dissolve: Provided, that the grand committee may appoint a sub-conwiittee of its own members to count any ballots delivered to it and report the result of such count. foToH^office*^*^'^'^ ^^^" ^" -^^^ governor, lieutenant-governor, secretary of state, until when. attomey-gcneral, general treasurer, and senators and representa- tives in the general assembly in office when this amendment goes into effect shall continue to hold, their offices, with the powers and duties and subject to the limitations prescribed therein for like officers, until the first Tuesday in January, A. D. 1902, and until their successors are elected and qualified. Vacancies in their number from any cause shall be filled in the manner which is prescribed by law at the time of their occurrence. All officers who by the provisions of this amendment are continued in office beyond the stated time for ivhich they were elected or appointed shall receive a pro rata compensation for their increased term of service based upon the compensation provided for in this amend- ment or by law. STendmen"'^'^^'^ ^^^- ^^- '^^^ fi^^^ election of officcrs named in the next pre- ceding section under this amendment shall be held upon the Tuesday next after the first Monday in November, A. D. 1901. The town, ward, and district meetings therefor shall be warned and conducted, and the result thereof determined, authenticated, and declared in the manner at that time prescribed by law, and the persons then elected shall hold their offices from the said first Tuesday in Jan- ELECTION LAWS. 11 vary, A. D. 1902, and thereafter until their successors are elected and qualified. Sec. 11. The general assembly shall provide by law for the of registration. registration necessary to qualify persons to vote at said first elec- tion, which registration shall close on the last day of June, A. D. 1901, and after the adoption of this amendment no person of whom registration is or may be required by law shall be permitted to vote unless his name shall have been registered in the town or city where he resides on or before the last day of June next pre- ceding the time of his voting. For all elections by the people held before said Tuesday next after the first Monday in November, A. D. 1901, the qualifications of the electors shall be such as were required by the constitution and laws existing at the time of the adoption of this amendment. Sec. 10. [Section 10 annulled by article X. of the amend- ments, November, 1893, and the following substituted.] I In all elections held by the people for state, city, town, ward, Plurality to or district officers, the person or candidate receiving the largest p°^i^^ *'"' number of votes cast shall be declared elected. I GENERAL LAWS AS AMENDED. TITLE II. OF ELECTIONS. Chapter 6. Of the rights and quahfications of voters. Chapter 7. Of the boards of canvassers and registration and of the regis- tering, listing, and returning hsts of voters and of proof of their quaUfication to vote. Chapter 8. Of canvassing the rights and correcting the lists of voters. Chapter 9. Of elective meetings. Chapter 10. Of the manner of conducting elections. Chapter 11. Of elections by secret baUot. Chapter 12. Of the holding of caucuses in the cities of Providence, New- port, and Pawtucket. Chapter 13. Of the use of voting-machines at State, city, and town elec- tions. Chapter 14. Of the election of general officers. Chapter 15. Of the election of senators and representatives in the gen- eral assembly. Chapter 16. Of the election of representatives in the congress of the United States. Chapter 17. Of the election of electors of president and vice-president of the United States. Chapter 18. Of voting upon propositions of amendment of the constitu- tion, and upon questions submitted to the electors of the state. Chapter 19. Of the state returning-board and defining its duties. Chapter 20. General provisions concerning elections. ELECTION LAWS. 13 CHAPTER 6. Of the Rights and Qualifications of Voters. Gen. Laws, 1896, Chap. 6. Section 1. Classification of voters as registered and unregistered and their rights to vote. 2. Right to vote on real estate, situated in town other than that in which voter resides. Section 1. Section 3. Citizens of this state may ob- tain a judgment declaring their citizenship, residence, and domicile. The two following classes of person have by the classification of voters as regis- constitution, the first as registered and the second as unregis- registered "°" tered voters, a right to vote in the election of all civil officers and on all questions in all legally organized town, ward, or district meetings : — First, Every male citizen of the United States of the age of Registered twenty-one years who has had his residence and home in this ing personal property state for two years and in the town or city in which he may voters. -' . . P"t)- Laws, 808, offer to vote six months next preceding the time of his voting, Ja" 23, 1901. and whose name shall be registered in the town or city where he resides on or before the last day of June next preceding the time of his voting: Provided, that no person shall at any time be Cons. r. i., Art. ^ ' ^ '^ VII,, of amend- allowed to vote in the election of the city council of any city, 'i'e''R^'i^754j' or upon any proposition to impose a tax or for the expenditure of money in any town or city, unless he shall within the year next preceding have paid a tax assessed upon his property therein valued at least at one hundred and thirty-four dollars. Second, Every male citizen of the United States of the age of Real estate voters. twenty-one years who has had his residence and home in this Cons. r. i.. "^ -^ _ Art. II., sec. 1, state for one year and in the town or city in which he may claim a right to vote six months next preceding the time of voting, and who is really and truly possessed in his own right of real estate in such town or city of the value of one hundred and thirty-four dollars over and above all incumbrances, or which 16 R. I. 542. 12 R. I. 586. 14 ELECTION LAWS. shall rent for seven dollars per annum over and above any rent reserved or the interest of any incumbrances thereon, being an estate in fee-simple, fee-tail, for the life of any person, or an estate in revision or remainder, which qualifies no other person to vote, the conveyance of which estate, if by deed, shall have been recorded at least ninety days. tiUed to^vote in ^^^^ 2' "^^^^ foUowiug class of persons have, by the con- erai"I)fficersr°' stitutiou, as Unregistered voters, a right to vote in the election estate in an- of all general officers and members of the general assembly, in other town. Cons. R. L, Art. the towu or city in which they shall have had their residence and IL, Sec. 1. home for the term of six months next preceding the election: — Every male citizen of the United States, of the age of twenty- one years who has had his residence and home in this state for one year, and shall own any such real estate within this state, but out of the town or city in which he resides, as is described in the second clause of the first section of this chapter, and who shall produce a certificate from the clerk of the town or city in which his estate lies, bearing date within ten days of the time of his voting, setting forth that such person has a sufficient estate therein to qualify him as a voter, and that the deed, if any, has been recorded ninety days. ^atrn4°ob-"* Sec. 3. The superior court shall hear and determine peti- ment'' Jkcfaring tious of persous alleging themselves to be citizens, residents, and ship, residence domicilcd inhabitants of this state, and praying a judicial and domicile. Pub. Laws, declaration of such citizenship, residence, and domicile. 1459, April 23, 1907. guch petitions shall in all cases set forth the grounds upon C. p. A., § 1208. ^ which the application is based, and shall be supported by such evidence as the court shall deem necessary. They shall be filed, heard and determined in the county in which the petitioner claims residence, unless such residence be in the county of Bristol, in which case the said petition shall be filed, heard and determined in said court in Providence. ELECTION LAWS. 15 A copy of the petition, with notice of the time and place of hearing, shall be served on the attorney-general five days previous thereto, and he may appear and be heard thereon. CHAPTER 7. (As amended by Section 1, Chapter 640, Public Laws.) Of Boards of Canvassers and Registration and of the Registering, Listing, and Returning Lists of Voters AND OF Proof of their Qualification to Vote. Section 1. The secretary of state shall prepare and furnish Secretary of •^ '^ * state to pro- to the to^^^l clerks of the several towns and the several boards of Towns' "^th""^ canvassers and registration a book, to be entitled the Registry istration of voters. Book, which book shall be ruled under suitable headings to indicate the time when and the place where any person, native- born, desiring to be registered, was born; if the person was born or has resided without the state, when he last came to reside within the state ; and if he was born or has resided without the toA\Ti, when he last came to reside within the toAvn; and the place in the to\^^l at which the person resided at the time of registering. Said registry book shall also be ruled under suitable headings to indicate the time when and the place where any person of foreign birth or parentage, desiring to be registered, was born; when and where he landed in the United States; the date when he last came to this state; the date when he last came to the towTi; where and when and by what court naturalized; when, where, and by what court, was father naturalized; and the place, street and number in the town at which the person resided at the time of registering. Boards of Canvassers and Registration, Sec. 2. There shall be a board of canvassers and registra- tion in each of the cities of Providence and Pawtucket, consisting of three members, each of whom hereafter elected shall hold 16 ELECTION LAWS. Boards of can- vassers and registration, Providence and Paw- tucket, how elected. Officers of such boards, and quorum. Officers of such boards, when to be open for registration. Salary of mem- bers of Provi- dence board, and clerical as- sistance. office for the term of three years from the first Monday of March succeeding the date of his election and until his successor is elected and qualified. One member of each of said boards shall be elected in joint convention by the city council of the respect- ive cities at the time of the election of city officers in each year. In case any person elected as a member of said board shall decline to serve or neglect to qualify, or a vacancy shall occur in said board for any cause, said office or vacancy shall be filled by the city council in like manner for the term of said office or unexpired term. Sec. 3. Said boards shall each elect one member as presid- ing officer, and another member as clerk thereof: Provided, that in the city of Pawtucket said clerk shall be designated at the time of his election by the city council in joint convention. Said officers shall perform all the duties of presiding officers and clerks of boards of canvassers, respectively. One member of each of said boards shall be a quorum for the purpose of receiving registration, and two members shall be a quorum for all purposes. Sec. 4. The boards of canvassers and registration of the cities of Providence and Pawtucket shall have an office in their respective cities which shall be open for the purposes of registra- tion at the times required by law, and in the city of Providence on all other secular days when the board is not elsewhere en- gaged in the performance of its duties. Sec. 5. The members of the board of canvassers and regis- tration of the city of Providence shall each receive from said city a salary of twenty-five hundred dollars per annum, payable monthly, and such further sum as the city council of said city may, from time to time, determine, in full compensation for all duties imposed by law upon said board. Said board may employ such clerical assistance as it may deem necessary in the discharge of its duties, and agree with such clerks for their com- pensation, which said salary and compensation shall be paid ELECTION LAWS. 17 out of the city treasury : Provided, however, that said board shall not authorize the payment of compensation to any of its clerks in excess of the sum of one thousand dollars per annum, unless such compensation shall have been approved by the city council of said city; and provided, further, that the aggregate amount agreed to be paid for such compensation shall not exceed the sum of three thousand dollars in any one year, unless a greater sum shall be appropriated therefor by said city council. Sec. 6. The members of the board of canvassers and regis- Compensation of members of tration of the city of Pawtucket shall receive such compensation b*^^"'^''^* as the city council shall determine: Said board may hire necessary clerical assistance and fix the compensation thereof, subject to the approval of the city council. Sec. 7. The boards of canvassers and registration in the Members of such boards cities of Providence and Pawtucket shall not retain to their own not to retain pertain fees for use any of the fees now allowed by law to recording and cer- th'^"' own use. tifying officers, but shall charge and collect the statutory fees for any record, certificate, or copy required by law to be made by said board, and shall pay over the same on the first business day of every month to the city treasurer of the respective city: Provided, that said boards shall furnish, as now required by law, certified copies of any list of qualified electors in any repre- sentative-district, Avard, or voting-district in said city on pay- ment of the sum of one dollar for each such certified list, which sums shall also be paid into the city treasury of said cities as above provided. Sec. 8. Said boards of canvassers and registration shall have Such boards to have charge of charge of and receive the registration of persons entitled by law ^ofpr^^nd prL to vote in their respective cities upon being registered, and shall anrf 'canvass*' cii 1-/-1 i-ij voting-lists. prepare the votmg-lists oi all persons qualmed to vote m the several representative-districts, wards, and voting-districts in said cities, respectively, and shall correct, add to, classify, can- vass, post, publish and deliver the same, and perform all the other duties required by law of city, representative-district and 18 ELECTION LAWS. Such boards to make certain returns. voting-district clerks in relation to the registration and can- vassing of voters and to all other matters relating thereto. Sec. 9. All returns or other things required by law to be made or furnished to or by city clerks, boards of canvassers, and district clerks, relative to the matters within the purview of chapters seven and eight, shall be made and furnished to and by said boards. ^rmemb'eTrof Sec. 10. Said boards shall have all the powers, duties and and liability to obligations, and the members thereof in their several capacities penalties. shall be individually liable to the same fines, penalties and for- feitures, provided by law, as city clerks, ward clerks, boards of canvassers, and clerks of boards of canvassers, relative to the matters within the purview of chapters seven and eight. Who may act as boards of canvassers in the several cities and towns. Town clerks to act as clerks of canvassers, ex- cept in Provi- dence and Paw- tucket. Boards of can- vassers may administer oaths, compel attendance of witnesses, se- cure certain evidence, and punish for con- tempt. Boards of Canvassers. Sec. 11. The boards of canvassers and registration of cities and towns in which such boards are or shall be established, the city council of the city of Cranston, the boards of aldermen of all other cities, and the town councils of all other towns, shall be boards of canvassers of voters in their respective cities and towns and of the voters in the representative-districts, wards, and voting-districts in such cities and towns. Sec. 12. The town clerks in cities and towns in which l^oards of canvassers and registration are not established shall act as clerks of boards of canvassers in their respective towns, and shall produce to said boards, in their respective towns, such returns, documents, and records as may be required by them for the per- formance of their duties. Sec. 13. The members of the boards of canvassers are here- by severally authorized to administer oaths, and said boards, in all cases of every nature pending before them, are hereby authorized and empowered to summon witnesses by subpoena signed by the clerk thereof, and to compel such witnesses to attend and testify in the same manner as witnesses are compelled ELECTION LAWS. 19 to appear and testify in any court ; and said boards are authorized to compel the production of all papers, books, documents, records, certificates, or other legal evidence that may be neces- sary or jiroper for the determination and decision of any question or the discharge of any duty required by law of said boards, by issuing a subpoena duces tecum, signed by their clerk; and every l)erson disobeying any such ^vl■it shall be adjudged as in con- tempt, and said boards may punish any contempt of their authority" in like manner as contempt may l^e punished by any court, and said boards may, at any meeting holden for the pur- pose of canvassing the voting-lists, examine under oath the person whose right to vote is disputed or any other person, and may receive any other evidence that such boards may deem necessary, respecting the right of any person to have his name upon the registry, or to vote, and shall decide upon the same. Every person refusing to answer upon such examination shall be fined not less than twenty-five dollars, nor more than three Penalties. hundred dollars, for such refusal. No evidence elicited in such examination shall be used against the person so examined in any criminal prosecution against him, except a prosecution for perjury in such examination. Any person who shall wilfully swear falsely in any proceeding, matter, or hearing before said boards or any of them shall be deemed guilty of the crime of perjury. Sec. 14. Every officer required to perform any duty under Penalties for neglect of duty. the provisions of chapters seven and eight, who shall refuse or wilfully neglect to perform such duty, shall be fined not ex- ceeding five hundred dollars or be imprisoned not exceeding six months, unless a punishment for such offense is therein other- wise provided. Registration of Voters. Sec. 15. Every person, who is or within a year may be qualified to vote, upon being registered in any town or city, other 20 ELECTION LAWS. Certain voters to register be- fore last day of June, annually. Penalty for false registra- tion. Foreign-born voters to file certificate of naturalization. Property tax- payers who have registered once, not re- quired to reg- ister annually. Penalty for fraudulent ad- ditions to or striking from voting-list. than the cities of Providence and Pawtucket, shall go to the town clerk of the town in which he resides, and in the said cities of Providence and Pawtucket shall go to the board of canvassers and registration in the city in which he resides, and shall, annually within the year ending on the last day of June register his name and thereby certify to the truth of the facts stated in the appropriate heads in such registry. Every person who shall knowingly make any false certificate in registering his name in any such registry book shall be fined not exceeding fifty dollars or be imprisoned not exceeding sixty days: Provided, that before any person's name shall be placed upon the voting-list, if such person shall be of foreign birth, he shall file proof, at least five days before any meeting of the board of canvassers with the town clerk or with the clerk of the board of canvassers and registration, as the case may be, that he is a citizen of the United States, and such proof shall be subject to the approval of the board of canvassers of the town or city wherein such person shall claim the right to vote. Sec. 16. The several town clerks and boards of canvassers and registration shall annually place upon the voting-list the names of the several persons who have previously been upon the voting-list, according to the provisions of this chapter, against whom a property-tax to the amount of one dollar or upwards shall have been assessed; and such persons need not register their names annually as is required of persons not pay- ing a property-tax. Sec. 17. If the name of any person who shall not be entitled to vote as aforesaid shall be wilfully or fraudulently added to the voting-list, or if the name of any person who should be retained thereon, shall be wilfully or fraudulently stricken from the list, every member of the board of canvassers wilfully or fraud- ulently concurring therein shall be fined not less than one hun- dred dollars and not more than five hundred dollars. ELECTION LAWS. ^1 Sec. 18. In the city of Providence and in the city of Paw- Assessors of Providence and tucket, the assessors of taxes shall annually, on or before the deirver''}'^* '" fifteenth day of September, certify and deliver to the board of vassers, annu- ally, copy of canvassers and registration of their respective cities a copy of the tax-assessment. tax-assessment of such city, which copy shall in addition specify the residence by street and number of each person resident in said city by them assessed, or the street location of the land assessed, in case the residence of the owner cannot be ascertained. Sec. 19. Every clerk making any false entry or certificate of Penalty for '' o ./ ./ false entry by any fact required to be entered or certified under the provisions ^^^^^' of this chapter, shall be fined not exceeding five hundred dollars or imprisoned not exceeding six months. Sec. 20. The proof of the registry of a person in a town other Proof required when a voter than that in which he shall offer to vote shall be the certificate desires to vote in a town other of the town clerk of the town or the clerk of the board of can- *n''which\e°'^° vassers and registration of the city in which he is registered. Sec. 21. The proof of the payment of taxes upon real estate menfoft^x.^a or personal property shall be the certificate of the collector of tax collector or town treasurer. taxes or of the town treasurer; and the receipt or returns of the collector of taxes shall be sufficient evidence for" the purpose of procuring the certificate of the town treasurer. In case of a highway tax, when by law the same may be paid, whether in money or labor, to a surveyor of highways, the receipt of such surveyor shall be sufficient evidence of such payment for the purpose of procuring the certificate of the collector of taxes or of the town treasurer. Sec. 22. No person who claims the right to vote upon the Proof of tax- '■ c3 i payment re- payment of a tax or taxes assessed against him upon property, person mly^^ for aldermen or common councilmen of any city within this council or on monetary state, or upon any proposition to impose a tax or for the expendi- proposition. ture of money in any town or city, shall by the boards of can- vassers be admitted to vote for said officers or upon said propo- sitions, unless upon the production of a certificate from the 22 ELECTION LAWS. Penalty for refusal to fur- nish certificate of tax-pay- ment. Except in Providence and Pawtucket, town clerks to attend to reg- istration. Who to furnish certified lists of voters. Who to furnish certified copy of registration of voters and other records. collector of taxes, town treasurer, or clerk of the town or city in which he resides, that before the sixth day preceding the day of such voting he has paid such tax assessed against him therein for and within such year. Sec. 23. Every town clerk, collector of taxes, or other officer authorized to receive the taxes or give the certificates, as hereinbefore provided, who shall wilfully refuse to grant the certificate therein prescribed to any person demanding the same and legally entitled thereto, or shall wilfully and fraudulently grant such certificate to any person not legally entitled thereto, shall be fined one hundred dollars for each and every offence; and in all cases, the return of said collector, town treasurer, or town clerk shall be deemed evidence of the payment of the said tax or taxes. Sec. 24. The several town clerJcs shall be in their respective offices, except in the cities of Providence and Pawtucket, for the purpose of attending to the registration of voters, for the three secular days next preceding and including the last secular day of June in each year, and there to remain from nine o'clock in the forenoon until one o'clock in the afternoon, and from two o'clock to nine o'clock in the afternoon; and shall attend to such registration at such other times as persons may apply to be registered. Sec. 25. Every town or district clerk or clerk of a board of canvassers and registration, upon payment or tender of his legal fees, which shall be the same for each, shall furnish to any one demanding the same, a certified copy of any list of voters whose votes have been given in at any election. Sec. 26. Every town clerk and every clerk of a board of canvassers and registration shall, upon like payment or tender, furnish to any person demanding the same, a certified copy of any registration of voters, and every town clerk shall also, upon request of any person and tender of legal fees, and without any unreasonable delay, examine the records and certify to the ELECTION LAWS. 23 estate of any person, and shall furnish copies of any instrument or writing which may be on record or in the files of his office. Sec. 27. Every officer authorized to receive taxes shall, upon who to famish hsts of persons like request and payment or tcnider, and without unreasonable J^^es'^and to'^ delay, furnish to any elector a certified list of those who have oUaxpay- •11- 1 • ments. paid to hmi state and to\Mi taxes, and the amounts and tmies of such payments; and shall grant certificates setting forth whether a certain person has or has not paid to him such taxes, and, if paid, to what amount and at what time; and every such officer w'ho shall refuse to furnish or unreasonably delay in furnishing such lists or certificates, upon payment or tender Penalty for '^ J I- I' J refusal to so as aforesaid, shall, for every such offence, be fined not less than furnish. twenty-five dollars nor more than two hundred dollars. Sec. 28. Every officer authorized to receive taxes, shall Tax receivers to present to present to the board of canvassers, at every meeting for the boards of can- 1 ; .; o vassers lists ot purpose of canvassing, alphabetical lists of all persons registered sols who have' ,..,. paid taxes. on or before the last day ot June next precedmg m their respect- tive towns and cities, who shall have paid such officer their taxes, specifying the amount paid by each and the time when such payment was made, and that the tax was assessed upon property which has not been before presented; except that in the cities of Providence and Pawtucket such officer shall present such lists to the board of canvassers and registration at such dates as shall be required in writing by said board, which lists shall contain the residence of each person thereon by street and number. Sec. 29. Every officer authorized to receive taxes, neglect- ne"ppf o^'^.p. ing or refusing to make such return to the board of canvassers usts'of°such^'^ or to the board of canvassers and registration as aforesaid, shall, for every such offence, be fined not less than one hundred dollars nor more than one thousand dollars. taxpayers. 24 ELECTION LAWS. CHAPTER 8. (As Amended by Section 2, Chapter 640, Public Laws.) Of Canvassing the Rights and Correcting the Lists of Voters. kig°of'b?arf'of Section I. The boards of canvassers of the several towns make up vot- and cities shall hold a meeting on the Tuesday next after the ing-lists. first Monday in September in every year, and shall make out correct alphabetical lists: — of^reTlstatl Fivst, Of all pcrsous qualified, or who may become qualified, votere re- ^^ to votc generally, to wit : Of all persons entitled to vote under quired. article second, section first, of the constitution, and also of all persons who are or may be entitled by registry to vote in their respective towns; distinguishing the persons registered who are not entitled to vote under article second, section first, of the constitution ; oPreaf estate SecoTid, Separately from such lists, correct alphabetical lists propert^""^ of all persons entitled, or who may become entitled, to vote upon voters required, distinguishing any proposltlon to impose a tax or to expend money in their taxes^^rom rcspectivc towus, to wit I Of all persons entitled to vote under those who have ,. , , ,• n j. i: j.v. i.*j. i.- J r not. article second, section first, oi the constitution, and oi every person entitled, or who may become entitled, to vote by the payment of a tax assessed within the year preceding, upon his property in such town valued at least at one hundred and thirty four dollars, or on whose property, valued as aforesaid, a tax has been assessed and not paid; distinguishing in the said list, as hereinbefore provided, those who are not entitled to vote under article second, section first, of the constitution, and also those, so distinguished, who have not paid the taxes assessed as aforesaid. Sec. 2. Said boards of canvassers shall also, at said annual meeting on the Tuesday next after the first Monday in Septem- ber, canvass and make up separate voting-lists for their respect- ELECTION LAWS. 25 ive cities, towiis, wards, representative-districts, and voting- b ° pro^de^d ^for districts, which said hsts shall contain the alphabetical lists rosentative-dia- trict and vot- provided for in section one of this chapter and also the residence ing-district, ' '■ and posted in of each person thereon by street and number, so far as the same public places. can be ascertained and described from the registry book men- tioned in section one of chapter seven, and from such other evi- dence as the several boards of canvassers may require in the case of any name on said lists. Said lists shall be, by the town and city clerks, printed and posted up in at least three public places in such to^^^ls as are not divided into representative-districts or into voting-districts; and in towns and cities divided into repre- sentative-districts and not into voting-districts, in at least three public places in each representative-district or ward; and in towns and representative-districts divided into voting-districts, in at least three public places in each voting-district; and in the office of the town and city clerk, at least twenty days before the Tuesday next after the first Monday in November; except that in the cities of Providence and Pawtucket, the lists provided to ^ow tobe ' '■ posted in Frovi- be printed and posted up by the city clerk shall be printed and fXt^""^ ^''"" posted up in the several voting-districts by the boards of can- vassers and registration in each of said cities, and in the office of the board of canvassers and registration in each of said cities. Said lists shall be open to the examination of any qualified elector at all reasonable times. Sec. 3. Said boards of canvassers may meet and canvass Board of can- vassers may the voting-lists of any representative-district or districts or ^^^^^^^^^"J^g: ward or wards or voting-district or districts in any representa- otheV^'/on-^ tive-district, ward, or voting-district, or at their office or other ^*""^° "^*'^' place designated as aforesaid, at any convenient time or times, on the same day or different days, not inconsistent with the provisions of this chapter. Sec. 4. Said boards of canvassers shall hold their last meet- ing not more than seven nor less than three days preceding the Tuesday next after the first Monday in November in each year 26 ELECTION LAWS. Final canvass to be made not more than seven nor less than three days prior to election, and notice of time and place to be given. Penalty for tearing down or destroying voting-list. Names of vot- ers may be transferred in case of change of residence. Board of can- vassers to cor- rect voting- lists at each meeting. Name not to be stricken from voting-list without proof of disqualifica- tion. to further correct and add to the voting-lists, and shall also meet not more than seven nor less than three days prior to any other general or special election to further correct and add to and complete the voting-lists; and notice of the time and place of such meeting shall be given, for at least ten days previous thereto, by posting up notices thereof in three or more public places in every town not divided into representative-districts or voting-districts, and in other towns and cities in each repre- sentative-district, and one in each ward, and voting-district, and one in the town or city clerk's office, and by publication in one or more newspapers published in each town or city if any there l)e. City and town clerks, immediately upon issuing notices for any called town, ward, representative-district or voting-district meeting, or for any special election, shall notify the board of canvassers thereof. Sec. 5. Every person who shall unlawfully take down, de- face or destroy any list of voters posted up as aforesaid, shall be fined three hundred dollars or be imprisoned three months. Sec. 6. Said boards of canvassers in the several towns and cities shall, unless otherwise provided by law, transfer the names of electors who shall have removed from one ward into another, or from one representative-district into another, or from one voting-district into another, to the voting-fist of the ward or representative-district or voting-district in which they reside at the time of canvassing such lists. Sec. 7. Said boards of canvassers shall, at their several meetings, correct the lists, and add to the lists of voters the names of all persons qualified to vote whose names shall not be on the list of voters. Sec. 8. No name shall be stricken from any voting-lists by any board of canvassers, unless proof shall be presented to said board that such name is the name of a person not qualified to vote, or who may not be qualified according to the provisions of this title. ELECTION LAWS. 27 Sec. 9. Upon the request in A\Titing of the board of can- fi,?":™.?^^"*"" vassers of any city or town, the chief of poUce, or town sergeant, by"^poiice. as the case may be, shall cause a census to be made of the qualified electors of such city of town, or any representative or voting-district or districts therein, specifying, if possible, the street and number of each such elector's residence, and shall forthwith furnish such original census or a certified copy thereof to said board. Such chief of police or town sergeant shall furnish to said board, upon request in writing, such information as said board may require concerning the residence and right to vote of any person whose name appears upon the registry book of said city or town or upon any voting-list thereof. Sec. 10. If any board of canvassers, at any meeting holden Board of can- vassers fraudu- for the purpose of correcting the lists of voters as hereinbefore orV*emo^ng° provided, shall willfully and fraudulently place upon the list TnTust!^"'" subject of voters the name of any person who is not entitled to vote, or to penalty, if it shall willfully and fraudulently reject or refuse to add to said list, or shall erase or cause to be erased from said list, the name of any person entitled to vote, every member of such board so offending shall be fined not less than one hundred dol- lars and not more than five hmidred dollars. Sec. 11. Whenever the board of canvassers of any town or Right of peti- . tion to supreme city, except of the city of Providence, at any meetmg holden court in case name is wrong- for the purpose of canvassing the rights and correcting the lists erMed'fm*m*^ ""^ of voters, shall reject, or shall cause to be erased from the voting- lists, the name of any person qualified to vote, the person whose name said board of canvassers has rejected, or erased from said list, may file his petition in the supreme court, setting forth his residence, his qualifications, and such other facts in connection with the rejection, or erasure of his name from such list, as he may deem material, and praying that his name be added to said list. Sec. 12. Upon the filing of said petition the supreme court shall, upon application, forthwith cause the members and clerk voting-iist. I 28 ELECTION LAWS. In case of such petition, board of canvassers to be cited be- fore court. Court may make such order as it may deem proper. Voting-Usts to be certified by presiding offi- cers of boards and delivered to town clerks. Town clerks to dehver lists to election offi- Penalty for neglect of duty. Board of can- vassers not to be liable for any omissions of which they do not receive proof. of said board of canvassers to be cited to appear before said court, at a time and place to be named in said citation, to show cause why the prayer of said petitioner should not be granted. Sec. 13. If, upon hearing, said court shall find that the name of said petitioner is not entitled to be placed or to remain upon said voting-list, said petition shall be dismissed. If, however, said court shall find that the name of said petitioner is entitled to be placed upon such voting-list, the said court shall, by decree, order such name to be placed upon said list. A copy of such decree shall be filed with the clerk of the board of can- vassers, and thereupon said clerk shall, without action on the part of said board, place said name on said voting-Ust. Sec. 14. The lists of voters so corrected shall be, by said * boards of canvassers, certified by their respective presiding officers, and on the same day, except in the city of Pawtucket, shall be delivered to the respective town and city clerks. Sec. 15. From the lists so corrected, and before the time fixed for any election, the clerk of each town and city, except in the city of Pawtucket where the board of canvassers of said city shall deliver to the moderator of the town meeting or repre- sentative-district meeting, or voting-district meeting or ward meeting to be held therein, separate certified lists of the voters qualified to vote at each of such meetings. Sec. 16. Every member of the board of canvassers and every other person entrusted with any corrected lists of voters who shall willfully neglect to deliver such Hst as required by law, shall be fined not exceeding five hundred dollars. Sec. 17. The boards of canvassers, in case they shall have entered on said lists the names of all persons returned to them by said town or city clerks, shall not be held answerable for any omission in said lists, nor for refusing to place on said lists the name of any person omitted in the lists to them delivered as aforesaid, unless at one of their said meetings they shall be furnished with sufficient evidence of such omission, and of the ELECTION LAWS. 29 qualifications as a voter of the person whose name is omitted. Sec. 18. The respective town clerks, and the clerks of the ni?tting"or'^re- boards of canvassers and registration, shall record the votes of dr' voters' to be rerordoil by the members of the board of canvassers upon aclmittine or dork of board of canvassers. r(»jecting the name of any person from the list of voters, when- ever they shall be requested thereto by any member of said board, or by any qualified elector of said town or city, present at the time of canvassing, a certified copy of which record shall be evidence of the facts therein stated ; and for any willful neglect on the part of said clerk to make said record, whenever requested as aforesaid, he shall be fined not exceeding five hundred dollars. Sec. 19. Any person who shall at any time willfully and J'.fi"dufentiy fraudulently add a name to any list of voters, or erase any name in^ '"fnw iTom' voting-list. therefrom, after the same has been corrected and certified as aforesaid, shall be fined not less than one hundred dollars nor more than five hundred dollars. Sec. 20. The members of the boards of canvassers, and the compensation of boards of clerks of such boards in the several towns where no other pro- canvassers and their clerks. vision is made by law, shall be paid two dollars each, by their respective towns, for every day's attendance in the discharge of their duties; and the town clerks shall be paid, in addition, legal fees for making out and recording the several lists and returns in this chapter required. Sec. 21. The voting-districts as now respectively established Voting-dis- tricts in certain in the towns of Coventry, Hopkinton, Johnston, Scituate, J,"^°\gVow Smithfield, South Kingstown, and Tiverton, shall remain as at others^'abd- present constituted, unless the same shall be hereafter changed by the board of canvassers of said towns respectively. The voting-districts now established in a town or city other than in the to^vns mentioned in this section are hereby abolished. Sec. 22. The board of canvassers of any town or city may, Power of boards of can- on or before the tenth day of September in any year, divide or ;^|';f^oti|,°.d^i3: redivide such town, or any representative-district in such town ^"''^■''" or city, into voting-districts. The board of canvassers of each 30 ELECTION LAWS. city shall, before the tenth day of September, in the year 1910, divide the representative-districts of such city which comprise parts of two or more wards, into voting-districts. No voting- district shall at any time comprise parts of two or more wards. Said board of canvassers upon the dividing or redividing of a representative-district shall give public notice of what repre- sentative-district have been divided or redividecl into voting- districts by publication in some newspaper having a general circulation in said city or town, and shall post, for a period of forty days, a map in the office of said board or in the town clerk 's office, as the case may be, showing the lines of said voting-dis- tricts, and shall at all times keep the same on ffle in their re- spective offices. CHAPTER 9. (As Amended by Section 3, Chapter 640, and Section 1 AND 2, Chapter 781, Public Laws.) Of Elective Meetings. Town meetings Section 1. TowQ meetings for purposes of election shall be for election, and OT^anlzed wamcd and organized as is or may be provided by law for the warning and organization of town meetings for other purposes, unless otherwise specially directed, and shall be held at the times by law appointed. ^r^efectTon*'"^^ Sec. 2. Ward meetings in cities for like purposes shall be and o^glnized. wamed and organized as is or may be by law, or by the charters of such cities provided, and shall be held at the times by law appointed; and the city clerk of the city of Providence shall, in the warrant calling such meetings, state the time of the rising of the sun on the days of such meetings : Provided, that in the city of Pawtucket such meetings shall be warned by the board of canvassers and registration. Sec. 3. Representative-district meetings and voting-dis- trict meetings for the purposes of election shall be warned and ELECTION LAWS. 31 organized as is or may be by law provided, and notice of all such an'crvoting-dis- nieetings shall be given by the city or touTi clerk issuing his for ciMUon. how warned and warrant, directed to the town sergeant or one of the constables organized, of such city or toA\ai, directing him to post, at least seven days before the day appointed for such meetings, written notifica- tions in three or more public places in each voting-district, and in each representative-district not divided into voting-districts, of th(^ time when, and place where, such meeting is to be holden, and of the business required by law to be transacted therein, and stating in such warrant the time of the opening and closing of the polls at each elective meeting to be held in such city or towii: Provided, that in the city of Pawtucket such notice shall be given and posted by the board of canvassers and registration. Sec. 4. The officer charged with the service of said warrant Officer serving ^ warrant for shall, previous to said meetings, make return to the respective n^^^i^Tetmn to district clerks of his doings upon said warrant. Sec. 5. In the election of general officers, representatives in the election of certain offi- in congress, and electors of president and vice-president of the <-ers, poiis to be kept oDen dur- United States, and of city officers of all cities, and in the election ["nJ of vo'ti'ng. of senators and representatives in the general assembly, the to\\ii, ward, representative-district, and voting-district meet- ings of the several cities and towns shall be kept open for voting during the whole time of voting for the day. Sec. 6. Voting-district meetings in towns which are or may Boards of can- ■^ " vassers to des- be divided into voting-districts for the purpose of election, and lorhokUnr voting-district meetings in representative-districts which are or may be divided into voting-districts for the purposes of election, and representative-district meetings in towTis which are or may be divided into representative-districts which are not chvided into voting-districts, shall l)e held within the respective dis- tricts by the electors thereof at the times by law appointed and at places designated by the board of canvassers of the respective cities and towns; and the moderator and clerk, when present, shall constitute a quorum of electors for the opening of the 32 ELECTION LAWS. polls for voting for all civil officers, except for moderator and clerk. ^ate^kctkins "^^c. 7. A meeting of the electors of every town, represen- Tues'day next tativB-district not divided into voting-districts, and of every after first Mon- day in Novem- voting-district shall be held annually on the Tuesday next after the first Monday in November at a place to be designated and furnished by the boards of canvassers of the respective towns and cities, at the expense of such towns and cities, respectively, for the purpose of organization, and voting for general officers, senators, and representatives in the general assembly, represen- tatives in congress, and electors of president and vice-president of the United States, if to be chosen, and for such other officers as are to be chosen on that day. p^iing-p°ace to ^^^- ^- "^^^^ officcrs of a representativc-district not divided andcier"^ ""^ into votiug-districts, and of a voting-district, shall be a modera- diities and term of office. tor and a clerk. Such moderator shall preside in all meetings of his district until his successor is elected and qualified. He shall have the same authority in said meetings as moderators of to^vn meetings have, and shall be subject to the same penalties for willful violation or neglect of duty. Such clerk shall keep a record of the proceedings of the meetings in his district, and, after a choice of officers in his district, shall, in writing duly certified, notify the town or city clerk thereof: Provided, that in the cities of Providence and Pawtucket such notification shall be made to the board of canvassers and registration, poiis'^in to^wns"^ ^'^c. 9. All towu meetings and elective meetings for the and nforHhan elcction of general officers, senators and representatives in the five hundred voters. general assembly, representatives in congress, and electors of president and vice-president of the United States, shall be opened at ten o 'clock in the forenoon and shall be continuously kept open for voting in towns having five hundred electors or upwards until five o'clock in the afternoon, and in towns hav- ing less than five hundred electors until three o 'clock in the afternoon, except as hereinafter provided. ELECTION LAWS. 33 lliiur of opt'ii- Sec. 10. (As amended by Section 1, Chapter 781, Public ;,;:"p,,n, .r" Laws.) All elective meetings in the following named cities and and'towns'.*'^ towns shall l)e opened: in the city of Providence, at smirise; in the city of Newport, at half past six in the forenoon; in the city of Cranston, at six o 'clock in the forenoon; in the cities of Central Falls, Pawtucket, and Woonsocket, and in the town of Burrill- ville, and North Providence, at eight o'clock in the forenoon; in the towns of Bristol, Cumberland, East Providence, Lincoln, and Westerly, at nine o'clock in the forenoon; and in the first representative district of the town of Warwick, at forty-five minutes after five o 'clock in the forenoon and in all other elective meetings in said town of Warwick, at eight o'clock in the fore- noon. Sec. 11. (As amended by Section 2, Chapter 781, Pubhc umir of ffice designated by law, and shall reject the ballots of all persons attempting to vote whose names are not on saiel list. Sec. 4. Every moderator or warden whose duty it is to receive l:)allots, and every town ward, or district clerk, who shall reject the ballot of any voter whose name is on the town, ward, or district list, or who shall receive the ballot of any person whose name is not upon the town, ward, or elistrict list, or who shall ELECTION LAWS. 65 1 lace or perniit to V)e placed in or abstract or permit to be abstracted from the ballot-box, or from the ballots during the comitins thc^reof, any ballot, shall be fined not less than five hundred dollars nor more than one thousand dollars or be imprisoned not less than one year nor more than five years, either or both, at the discretion of the court: Provided, that nothing herein shall be construed to prevent the lawful de- positing of the ballot of such moderator, warden, or clerk. Sec. 5. Every voter shall at the time of voting announce Voter to an- "^ nounre Ins his name to the moderator or warden, who shall pronounce the "ame't*o"be same aloud and cause it to l)e checked upon the voting-Ust checked beiore voting. by the clerk before the voter deposits his ballot or enters any voting-machine. Sec. 6. In voting bv ballot everv voter shall also hold in his ^"ter to depos- • " It biillot. in hand antl deposit in said ballot-box his ballot or ballots in such ''''''" '"^^ner. a manner that said moderator and warden can distinctly see that he deposits but one ballot of a kind. Sec. 7. After the voting in any town, ward, or district of counting the ballots. meeting shall be closed, the moderator or warden and the clerk f22?t/^\pni 20. of such meeting shall in open meeting proceed to count the ballots, and the moderator or warden shall announce the result. Sec. 8. The moderator or warden and clerk of such meet- ^ec°i'!e°^,ieet- ing shall make a record in ink, in a book to be provided for that b"y*^ wh°3ni! and*^ what to con- purpose by the secretary of state : tain. First, Of the date of such meeting; Second, Of the number of names checked upon the voting- list used at such meeting; Third, Of the number of votes cast thereat for each candidate, and for what office ; Fourth, Of the number of votes cast for and against any l)roposition of amendment of the constitution; and Fifth, Of the numl:)er of votes cast for and against any ques- tion which has been voted ui)on at said meeting, and shall each sign such record in ink. Said book shall in no case be 3G ELECTION LAWS. Ballots to be sealed up. enclosed in any package containing ballots, but shall be taken by the moderator or warden of said meeting, upon the adjourn- ment thereof, and be by him kept separate and apart from said ballots, where it will not be exposed to loss or destruction with them, and be by him delivered in person to the clerk of the town or city in which such meeting was held, within twelve hours after such record is made and signed. In case the ballots, or any of them, given in at such meeting are lost or destroyed, the record in such book shall be evidence of the matters therein contained and may be used in the same manner as such ballots might have been by the board or council authorized to make the final count thereof. The record of each class of ballots shall be made in said book liefore they are sealed up as provided in this chapter. Sec. 9. When the counting of the ballots given in at such meeting is completed, and the result thereof has been announced, the moderator or warden and clerk shall forthwith seal up such ballots in open meeting, together with the certificate pro- vided for in section twelve of this chapter, by enclosing them in stout paper and binding the package with suitable cord or Method of seal- twiuc and affixing to the package adhesive labels sufficient in number to prevent the abstraction of any ballots from or the adding of any ballots to the contents of such package, and the moderator or warden and clerk of the meeting shall affix their signatures in ink to each of said labels. Whenever both of the officers whose duty it is to sign such labels are of the same poli- tical party, they shall also allow some elector of another poli- tical party to affix his signature in ink to all of such labels: Provided, that in towns not divided into voting-districts the ballots cast for town officers need not be so sealed. Sec. 10. (As amended by Section 5, Chapter 640, Public Laws.) The packages so sealed up shall each be addressed to the board or council to which they are to be delivered and be plainly endorsed in ink, by the clerk of such meeting, with: Labels to be signeil, by whom. Packages of ballots, how to be addressed and endorsed. ELECTION LAWS. 37 First, The iianu' of tlie town or city where such meeting was held; Second, The number of Ww voting-district, if it be a voting- district meeting ; Third, The num]:>er of the representative-district and of the voting-cUstrict therein if it be a representative voting-district meeting; Fourth, The numi^er of the ward, if it be a ward-meeting; Fifth, The numlier of the ward and of the voting-district therein, if it be a ward district meeting; Sixth, The day, month, and year of holding such meeting; and Seventh, The class or classes of ballots which such package contains. Sec. 11. The ballots given at any such meeting for electors Ballots, how to of president and vice-president of the United States, representa- Pui^LawsT' 1229, April 26, tives in the congress of the United States, general officers of the i905. state, senators and representatives in the general assembly, and ballots given in at any such meeting upon any proposed amend- ment of the constitution and upon any question or ciuestions submitted to the electors of the state, shall be sealed up in one package, which shall contain no other ballots. In cities and in towns divided into voting-districts the ballots given in at any such meeting for city and town officers, for ward and voting- district officers, and for and against any question submitted to the electors of such city or town shall be sealed up in one pack- age containing no ballots given in for any other officers, or for or against any proposition or question submitted to the electors of the state. Sec. 12. (As amended by Section 6, Chapter 640, Public Form of certi- Laws.) In each package of ballots sealed up as provided in dosed in pack- age of ballots. section nine of this chapter there shall be enclosed a certificate in ink, signed by the moderator and clerk of such meeting, stating; 38 ELECTION LAWS. First, The number of names checked upon the voting-list used at such meeting; Second, The number of ballots cast for each candidate for whom ballots are enclosed, and for what office; Third, The number of ballots cast for and against any propo- sition of amendment of the constitution, if such ballots are enclosed therein ; Fourth, The number of ballots cast for and against any ques- tion submitted to the electors, if such ballots are enclosed therein; Fifth, That such ballots are all the ballots that were given in at such meeting for such candidates or for and against any such proposition or question; Sixth, The date of such meeting; Seventh, The city or town, and the number of the representa- tive-district, w^ard or voting-district, in which such meeting was held. o/baifotsVo^'^'^^ Sec. 13. In all cities and to^vns the packages containing the state returning- , ,, « , p . , , . .1 board. ballots for electors of president and vice-president, representa- Pub. Laws, . . T rn 1 1229, April 2G, tivcs lu congrcss, general ofncers, senators and representatives in the general assembly, and for and against any proposition of aiT.endment of the constitution or question submitted to the electors of the state, after such ballots have been counted, declared, sealed, and endorsed as hereinbefore provided, shall be delivered in person, by the clerk of such meeting, to the state returning-board within forty-eight hours after they have been sealed. Upon the receipt of said packages the secretary of said returning-board shall give to the person so delivering them a certificate of such delivery, on presentation of which to the town or city council such person shall be paid ten cents for each mile 's travel to and from the office of the said returning-board, to be computed from the place of voting. Sec 14. In cities other than the cities of Providence and Pawtucket, and in towns divided into voting-districts, the packages containing the ballots cast at any such meeting for city 1905. ELECTION LAWS. 39 and town officers, and vutinji-tlistrict, ward, and ward-votins- "f t'"' electors of such city or town, after such ballots have been towns tUviiiMi 1 11 11 1 1 ^ • ^ r '"*" voting- counted, recorded, sealetl, and endorsed as hereinbefore pro- ciistncts. vided, shall V)e delivered in person by the clerk of such mectinp; 1229, April 26, to the clerk of the city or town where such meeting was held j'^' j| |- If^^- within twelve hours after such s(>aling is done. Sec. 15. In the cities of Providence and Pawtucket the rm^s of Provi- dence and Paw- packages containing the ballots descri])ed in section fourteen ""i^ct. of this chapter, given in at any such meeting, after such ballots have been counted, recorded, sealed, and endorsed as herein before jirovided, shall'l^e delivered in person ])y the clerk of such meeting to the board of canvassers and registration within twelve hours after such sealing is done. Sec. 16. In cities other than the city of Providence, and in of a