JK 1963 IC-NRLF $B EE S3E GENERAL ELECTION LAW STATE OF LOUISIANA ACT NO. 130 OF 1916 Printed by Authority of Secretary of State. GENERAL ELECTION LAW STATE OF LOUISIANA ACT NO. 130 OF 1916. Senate Bill No. 233. AN ACT By Mr. Dousson. To preserve the purity of the ballot, regulating the manner of holding and conducting elections, by providing an official form of ballot, by prescribing the time and method in which nominations shall be made and certified, by providing for the division of parishes, cities and towns into convenient election precincts; by providing for the appointment of officers to conduct such elections, and denning their duties; by prescribing the manner in which the votes of electors shall be taken, and the count and returns thereof made; by providing for the punishment of violations of this law, and repealing all laws in conflict with the same. Section 1. Be it enacted by the General Assembly of the State of Louisiana, That all ballots cast in all elections except as hereinafter provided, and for delegates to any constitutional convention, or upon amendments proposed to the Constitution, shall be printed and distributed at public expense, as hereinafter provided ; the printing of the ballots, tally sheets and cards of instruction to voters and their distribution shall be paid for by the State. Provided, That the provisions of this act shall not apply to municipal elections in towns having a population of less than 2,500 inhabitants or to any election for purposes other than the | election of public officers, except elections upon propositions to amend the Constitution. Provided further, That in elections not hereinabove provided for, the ballots and other election supplies, etc., shall be fur-' ! nished by the Board of Supervisors of Election, at the expense of the parish within which the election is to be held. Section 2. Be it further enacted, etc., That the general elec- tion for State and parish officers shall be held once every four I years, on the first Tuesday next following the third Monday of ! April. Section 3. Be it further enacted, etc., That all officers, the time and place of whose election is not otherwise provided for by law, shall be elected at the time and places provided by law for the election of Senators and Representatives. Ballots to be fur- * Act not to apply of e iess than ^soo inhabitants. in elections not aiST suppUes to l0 b6 ^ 1 r i | hed by super " General elections. Elections; man- of ran Notice of e i e c - That it shall be the duty of the Governor, at least thirty days before every general election, to issue, his proclamation giving notice thereof, which shall be published in the official journal. The Board of Supervisors of Election of each parish shall Notice by Board give fifteen days' notice of every general election by advertise- ment. in the official journal of their parish, if there be one, and by posting at four public places in the parish if there be no official journal in said parish. But no default by the Governor or Parish Board of Supervisors of Election to issue said procla- mation shall deprive the people of their right to hold an election as fixed by law or vitiate said election when held. Vacancies in Gen- Section 4. Be it further enacted, etc., That when the seat of ' h W an y Senator or Representative becomes vacant, and there shall be a session of the General Assembly before the next general election, it shall be the duty of the Governor, within a reasonable delay, to issue his writ of election, directed to the proper su- pervisors of election, whose duty it shall be, within three days after receipt thereof, to give public notice that an election will be held to fill such vacancy on a date to be named by them, which shall not be less than forty-five days after the publication of such notice, such election shall be conducted and the returns thereof made in the manner required by law for general elections. Elections for eicc- Section 5. Be it further enacted, etc., That in every year and r vice f -p^esfdent! in which elections are to be held for electors of President an manner Vice President, said elections shall be held on the first Tuesday next following the first Monday in November. The first election under this paragraph shall be held on the first Tuesday next following the first Monday in November, 1916, and all such elec- tions shall be held every four years thereafter and shall be con- ducted and the returns made in the same manner as herein pro- vided for general elections. The Secretary of State, or, in case of a vacancy in that office, the State Auditor, shall ascertain from the returns the persons who receive the greatest number of votes actually cast; and the Governor shall issue a certificate of elec- tion to said persons, and they shall be authorized to cast the vote of the State for President and Vice President. Elections for Rep- ^^ general elections for Representatives in Congress shall be resentatives in Con- held on the first Tuesday next following the first Monday in November. The first election under this paragraph shall be held on the first Tuesday next following the first Monday in Novem- ber, 1916, and such elections shall be held every two years there- after, and all such elections shall be conducted in the same Manner of filling manner as elections for Representatives in the General Assembly. vacancies jn^office Section 6. Be it further enacted, etc., In case of vacancy in in congress. said office of Representative in Congress, between the general , i election, it shall be the duty of the Governor, by proclamation, to cause an election to be held according to law to fill such vacancy. Elections shall be held in the precincts and at the polling places hereinafter defined and herein below directed to be established. Section 7. Be it further enacted, etc., That in all elections 1 ^ e on 1 J , re ei r vin ? . ,11-1 i icirgesjt nuinoer 01 by the people the person or persons having the highest number votes to be declared of votes shall be deemed and declared to be elected; but no per- e sons receiving the same number of votes shall be deemed to be elected if thereby a greater number would be elected than re- quired by law. The election for such officers thus not elected shall be returned to the people, public notice of ten days to be first given in the same manner as for a general election. Section 8. Be it further enacted, etc., That all elections shall Elections to be be completed in one day, and the polls shall be kept open at S ple each polling place from the hour of six o'clock in the forenoon until seven o'clock in the afternoon. Section 9. Be it further enacted, etc., That the days upon Election days to which a general or local election shall hereafter be held under be le ^ kl holidays, this act shall, for all purposes whatever, be legal holidays in the localities where the elections are held. Section 10. Be it further enacted, etc., That it shall be the Manner of pre- duty of the chief executive officers of the police force of each city S j 1 v jjj lg a r C e S er at or town to detail a sufficient number of police officers, who shall be stationed at each polling place on the day of the election, to preserve order and to protect each and all of said election officers from any interference with or obstructions in the performance of their respective duties, and to aid in enforcing the provisions of law relating to elections, and said police officers so detailed shall be subject to the orders of the Commissioners of Election. Section 11. Be it further enacted, etc., That in each parish Board of Super- of the State there shall be a Board of Supervisors of Election, ^ O s r * t ^ parish' which shall have the po\vers and perform the duties imposed how constituted ; its upon it by this act. In all of the parishes of the State, except d1 the Parish of Orleans, the said Board of Supervisors of Election shall consist of three persons, viz., the Registrar of Voters of each parish and two other persons appointed by the Governor, one of whom the Governor shall designate as president of the board. In the event that the Registrar of Voters should be made appointive by the Governor, then the Governor shall appoint only one member, who shall be president of the board, and the remaining member shall be appointed by the Police Jury. In the Parish of Orleans the Board of Supervisors of Election vlj j* r * f mecSSE shall consist of three persons, as follows: One appointed by the Parish of Orleans; Governor, who shall be president of the board, one of whom shall duties? M144083 be the Registrar of Voters, and one of whom shall be the Civil Sheriff. In the event that the Registrar of Voters for the Parish of Orleans should hereafter not be appointed by the Governor, then the Governor shall appoint the two remaining members of the board, one of whom he shall designate as president. Duty of Board of Section 12. Be it further enacted, etc., That in every parish supervisors o^iec- o f t h e State it shall be the duty of the Board of Supervisors of commissioner S eC aJ!d Election, thirty days prior to any election, to appoint three com- cierks of election. m i ss i oners an( j one clerk to preside over the election at each poll- ing precinct, and said commissioners and clerk shall be qualified voters of the ward of which said polling precinct forms part and shall be appointed from lists to contain not less than six names furnished by each of the several political parties. These lists must be furnished to the Board of Supervisors of Election at least thirty-five days before the day of election. Any list offered after this date shall not be received, nor shall any such list be received or acted upon or recognized by the Board of Super-, visors of Election which shall contain the name of any person not registered as affiliated with the party handing in the list. In so far as is practicable, the commissioners shall be so appor- tioned as to equally represent all the political parties authorized by law to make nominations. Manner of ap- Section 13. Be it further enacted, etc., That each of the sev- pointmg watchers era | political parties or nominating bodies having candidates upon their^dunfs. Pl ' : the official ballot shall be entitled to one watcher in each voting precinct, and said watchers shall be appointed for each election by the several political parties or nominating bodies and shall be commissioned by the Board oi; Supervisors. Said watchers shall be admitted within the barrier during the polling of the vote, (but shall not be permitted to electioneer, engage in any political discussions or in any manner interfere with, detain or obstruct any voters. Said watchers shall be allowed to enter the polls only after the closing of the polls, and there remain thereafter during the canvass and count of the voters. "Watchers shall take no part in such canvass and count, nor have any voice in the conduct thereof. Pay of commis- Section 14. Be it further enacted, etc., That the Commis- sioners and clerks. s i oners o f Election shall attend at the times and places designated in their respective precincts at all elections. The commissioners and clerks shall receive three dollars for each day's active service and the deputy sheriffs attending the election shall receive five dollars and no mileage for each day's actual service not ex- ceeding three days, to be paid by the parish or municipality. Power of commis- Section 15. Be it, further enacted, etc., That commissioners order. n shall possess full authority to maintain regularity and order and to enforce obedience to their lawful commands during an elec- tion and during the canvass of the votes after the closing of the polls, and shall have full authority to preserve the peace and good order at and around the polling place, and keep access thereto open and unobstructed, and may require any police offi- cers, constables or other persons present to communicate their orders and directions and to assist in the performance of the duties in this section enjoined. Section 16. Be it furtehr enacted, etc. That the Commission- ers of Election shall preserve order and decorum at elections persons. and shall have power to commit to prison any disorderly persons for a time not to extend beyond the hour of closing the polls; provided, that said person shall be permitted to vote before be- ing committed to prison. Section 17. Be it further enacted, etc.. That the canvass and Canvass and . -. -i . ,- i i -i i i count or Demons, count of the ballots, as provided in this act, shall be begun im- mediately upon the closing of the polls and shall be proceeded with without interruption or delay until completed. During all the count, three tally sheets shall be kept thereof, the said tally sheets shall have the tallies marked in red lines from the beginning to the end of the page and the total number of tallies shall be written in figures immediately after the end of the tally, and in letters, so as to prevent any alteration thereof. Any com- missioner or other person who shall interfere with, delay or at- tempt to delay the count of the ballots shall be guilty of a felony and punished as provided for in Section 44 of this act, and any person who shall steal or attempt to steal, or aid or abet in steal- ing, the ballot box, ballots, tally sheets, poll lists or apparatus or papers of the election, shall be deemed guilty of a felony and punished as provided in Section 44 of this act. Section 18. Be it further enacted, etc., That prior to the Commissioners not public declaration of the vote at an election, which shall be made ^nb^^ T^i- at each precinct as soon as the count has been completed, no lots > votes, etc., be- inil -1-1,1 p 1 IP fore public declara- statements shall be made by the commissioner ot the number oition of results, ballots cast, the number of voters present,, the number of votes given for any person or for any officer, the name of any person which has been voted on, or of any other fact tending to show the state of the polls. Any commissioner who violates the pro- visions of this act shall be punished as provided for in Section 44 of this act, but no such violation shall in any way invalidate any returns of the votes cast, duly made by the commissioners, or affect the title of any person who is duly declared to be elected to any office. Any Election Commissioner who intentionally makes or at- Penalty for false tempts to make a false canvass of the ballots cast, or any false canvass of vote - 6 return of the result of any election, or any person who induces or attempts to induce any such commissioner so to do, shall be deemed guilty of a felony and, upon conviction thereof, shall be punished as provided in Section 44 of this Act, and shall be further disqualified from voting at any election or holding any office of honor, trust or profit in this State. Penalty for de- Section 19. Be it further enacted, etc., That every Commis- Jtmg m any r election s i ner f Election, or other officer or person having the custody documents. of any record or register of votes or copy thereof, oath, return of votes, certificates, poll list or any paper, document or evi- dence of any description in this Act directed to be made, filed or preserved, who is guilty of stealing, willfully destroying, mu- tilating, defacing, falsifying or fraudulently removing or se- creting the whole or any part thereof, or who shall fraudulently make any extra entry, erasure or alteration therein, except as allowed and directed by the provisions of this act, or who per- mits any other person so to do, shall be guilty of a felony and, upon conviction thereof, be punished in accordance with Sec- tion 44 of this act. And every person, not an officer, who is guilty of any of the aforesaid acts, or who advises, procures or abets the commission of the same, or any of them, shall, upon convic- tion thereof, be punished in accordance with Section 44 of this Act. Barrooms within Section 20. Be it further enacted, etc., That all bar rooms, boottfto be closed^ ca ^ are ts and coffee houses and places where liquors are kept, within one mile of any ward or precinct where an election is being held, shall be and remain closed during the day of an elec- tion until twelve o'clock p. m., and no liquors shall be sold or given away on election day within the above specified limits. Commissioners of Election are hereby authorized to enforce this provision and to call upon and direct the police officers to dis- charge their full duties in every particular. Penalty for nav- Whoever, in a polling place, has in his possession any intoxi- uo? iS^omng^acT cating lic l uor snali De deemed guilty of disorderly conduct, and e ' the commissioner shall order such person to remove such liquor, or to withdraw himself from such place, and on his refusing or neglecting to obey such order, shall direct any police officer or other person present to take him from the place and confine him in some convenient place until the election is completed. The person so refusing shall, for every such offense, be punished as provided in Section 44 of this act. Duplicate lists of Section 21. Be it further enacted, etc., That it shall be the duty of the commissioners at each polling place to keep dupli- cate lists of the persons voting at such pc'ling place, which lists shall be numbered from one to the end; and said lists so to be kept and numbered as aforesaid shall be signed and sworn to as correct by them immediately upon closing the polls and be- fore leaving the place or opening the ballot box. As soon as the votes have been counted and the envelopes sealed, as herein pro- vided, the official tally sheet or sheets shall be signed and s worn ^$^^1 en to by the commissioners, and the said officers shall make triplicate of voters. compiled statements of the number of votes cast for each candi- date for National, State, parochial or municipal offices, and the offices for which they were voted, the number of ballots contained in the box, the number of ballots rejected, and the reasons there- for. These compiled statements shall also be sworn to by the said commissioners, the oath to be administered by the deputy sheriff or one of the commissioners, or by any qualified voter. One of the aforesaid tally sheets, together with the poll books and one of the said compiled statements, shall be delivered to the Board of Supervisors of each parish. The Commissioners of Election shall forward to the Secretary Returns to be for- of State one of the compiled statements of the vote at their re- spective boxes or polling places, with the name or names of the candidates voted for, one tally sheet and one of the duplicate poll lists, which returns of the commissioners shall be retained by the Secretary of State for at least six months. The third tally sheet, together with ballots and a poll list of C( To_ the cierk of the persons voting, shall be returned to the ballot box, which shall thereupon be sealed by the said commissioners, and the said ballot box containing the ballots and tally sheets and poll lists, as aforesaid, shall be delivered to the Clerk of Court, to be by him safely preserved for a period of six months. The Board of Supervisors of each parish shall, within three Compilation by days after the closing of the polls, repair to the Court house f r * rd of the parish and there, in the presence of at least three voters and as many others as may desire to be present, make a true compiled statement as shown by the face of the sworn returns of the commissioners in triplicate, of the result of said election, and make public proclamation of such result, which compiled statement shall be sworn to before some other officer competent to administer an oath. One of the said triplicate compiled statements shall be for- Their returns t-> warded to the Secretary of State, one to the Clerk of the Dis- Secretar y of state - trict Court and the third shall be retained by said Board of Su- pervisors. The Board of Supervisors shall make out a separate compiled Separate returns statement of the vote for Governor and Lieutenant 'Governor, which shall be sworn to before some officer competent to admin- nor. ister oaths, and this compiled statement, sealed in a separate 8 envelope and properly marked and attested by the Board of Supervisors, shall be transmitted to the Secretary of State, and shall constitute the returns contemplated by Article 62 of the Constitution. Any Board of Supervisors, or any members thereof, who, shall fraudulently and intentionally make a false or incorrect compiled statement, as above provided, of the said vote, shall be deemed guilty of a felony and, on conviction there- of, shall be punished by imprisonment at hard labor for not less than two nor more than five years. Transmission of Section 22. Be it further enacted, etc., That it shall be the command Board of I duty of the commissioners themselves, or at least two of them, supervisors. to carry returns and ballot boxes to the Board of Supervisors and clerk of court, as required by law; and it shall be the duty of the Sheriff to have at each polling place one deputy sheriff, whose duty it shall be to obey orders of the said officers of clec- tion and transmit the ballot boxes and returns to the Board of Supervisors and clerk of court. Ballot boxes to Section 23. Be it further enacted, etc., That the -clerk of the kept re by 1V clerk court shall receive the boxes containing the ballots cast at any Court. election, and the other papers herein provided for, sealed as herein above provided, and. shall retain them in his care for six months, and as soon as may be thereafter said officer shall cause the ballots to be destroyed without examining them or permitting them to be examined by any person whatsoever, and shall make an entry in the records of his office that they have been so destroyed. rom?i PU tton n of nd ^ ftc ^ on 24> Be ^ further enacted, etc., That it shall be the tS U i^ sSiStary duty of the Secretary of State, or in his default the Auditor, of state - not less than ten nor more than twenty days after the day of holding an election, to compile the returns transmitted by the Board of Supervisors of each parish and publish in the official journal the names of all the candidates voted for, and the num- ber of votes actually cast for each, as shown by the returns, and to declare the person receiving the greatest number of votes cast for the office for which such person was a candidate, to have been duly elected. If the Secretary of State or Auditor should willfully neglect or refuse to compile the returns. of the election and publish the result, as above provided for, or if he should willfully neglect or refuse to count any votes, as shown by the returns, or should erase, alter in any manner or change any return, he shall be deemed guilty of a felony and, upon con- viction thereof, shall be punished by a fine not less than one thousand ($1,000) dollars and by imprisonment at hard labor for not less than seven nor more than ten years. Section 25. Be it further enacted, etc., That it shall be the commissions to be duty of the Governor, not less than thirty days after each B*-" 1 ft5^3S3 eral election, to issue commissions to all officers shown by the so days after eiec- compilation of the returns, as above provided for, to have been tlon- elected, except Governor, Lieutenant 'Governor or members of the General Assembly. Section 26. Be it further enacted, etc., That as soon as possible compilation of re- after the expiration of the time for making the returns of the sentative^ 1 ' in Re con- election for Representative in Congress, the 'Governor, jointly with the Secretary of State and Attorney General, shall pro- ceed to ascertain the number of votes cast for each candidate for Representative in Congress as shown by the returns re- ceived by the Secretary of State in the form properly at- tested compiled statements from the Board of Supervisors of each parish in the respective congressional districts. The Sec- retary of State shall enter on record a 'Certificate showing the persons who received the greatest number of votes actually cast for representative in Congress in each congressional district. This certificate shall be signed by the Governor and one copy thereof, signed as aforesaid, shall be delivered to the person thus ascertained to have been elected and another copy trans- mitted to the House of Representatives of the Congress of the United States, directed to the clerk thereof. Section 27. Be it further enacted, etc., That it shall be the Transmission of duty of the Secretary of State to transmit to the Clerk of the ffiJ^Se* oSK House of Representatives and Secretary of the Senate, respec- House of Repre- tively, of the last General Assembly, the list of the names of such 5grS tte ien- persons as, according to the returns, shall have been elected ate - to either branch of the General Assembly, as shown by the returns. It shall be the duty of the Secretary of the Senate and Clerk Duty of Secretary of the House of Representatives to enter upon the rolls of the Senate and of the House, respectively, the names of persons sentatives. duly elected to represent the respective parishes and senatorial districts. And those Representatives and Senators whose names are placed b}^ the Clerk and Secretary, respectively, in accord- ance with the foregoing provisions, and no others shall be com- petent to organize the House of Representatives or Senate. Section 28. Be it further enacted, etc., That the various Ballot boxes and Boards of Supervisors shall provide and send to the commission- ^f^ h \? ot ^ g ers of each precinct, before the time fixed herein for the open- cmct. ing of the polls on the day of any election, the ballot boxes and tickets required by law to be used. At the opening of the polls in each precinct, and before any ballots are received, the ballot boxes shall be publicly opened and shown to be empty, and the commissioners shall, by personal examination, ascertain that 10 the same is empty, after which the box shall immediately be locked or fastened and the key delivered to the deputy sheriff attendant. The ballot box shall not be removed from public view after it is so shown to be empty until all ballots have been removed therefrom and the box has been relocked or sealed. No ballot shall be removed from the ballot box in any precinct while the polls are open. Regulations reia- Section 29. Be it further enacted, etc., That every ballot box tive to ballot boxes. ghall be provide^ w jth a sufficient lock and key, and with aa opening in the lid large enough and not larger than may be necessary to allow a single folded ballot to be easily passed through such opening into the box. Each such box shall be large enough to receive and hold all ballots which may be law- fully deposited therein at any election. Blanks, envelopes, Section 30. Be it further enacted, etc., That the Secretary of t^y" ^ecretary^o f State shall > at the expense of the State, provide envelopes, blank state. statements, blank affidavits and all necessary blank forms for use by the commissioners at each polling place, in the conduct of the election count and canvass and return of the vote cast at each election, and upon any proposed amendment of the Con- stitution or other question submitted to the voters. Said blank forms shall be sent to the Board of Supervisors and shall be used in ascertaining the result of such election, and such result shall be ascertained in the manner hereinafter provided. Forms of tally All tally sheets and forms for compiled statements herein provided for shall be ruled at the bottom by at least six lines, and partially blank, and partially printed in, as follows : (Blank) (Printed in) (Blank) ' (Printed in) John Doe, Commissioner for the Democratic party. , Commissioner for party , Commissioner for party (Printed in) (Blank) (Printed in). Sworn to and signed before me, John Doe, Commissioners by majority of the commissioners serving at this poll, and by me sworn to and signed as true and correct this day of , 19 (Blank) (Printed in). John Doe, Presiding Commissioner. So as to require and provide for proper attestations to every such tally sheet or compiled statement. Elections in par- Section 31. Be it further enacted, etc., That in parishes and in towns of less than fifty thousand inhabitants, the officer whose habitants. duty it is to designate and appoint polling places shall erect, in front of each place barriers, enclosing a space at least thirty^ 11 feet square. Each such enclosed place shall contain a table or shelf of convenient height for writing, and shall be furnished with such supplies and conveniences, including black ink, blot- ting paper and pencils having black lead only, as will enable the voters to conveniently prepare their ballots for voting. Section 32. Be it further enacted, etc., That if for any cause provisions in case it shall become impossible at any such election, or in taking any sta a bianks. t0 Ui?e such vote, to make use of the State blanks, the canvass of the rotes shall be made as the commissioner shall direct. They shall make a record of the facts pertaining thereto and return an attested copy thereof to the Board of Supervisors. Section 33. Be it further enacted, etc., That the Boards of Delivery of blanks Supervisors shall send the State blanks to the commissioners of to commissioners. each precinct before the time fixed for the opening of the polls on the day of election. Section 34. Be it further enacted, etc., That when in any challenging right election the right of any person offering to vote is challenged ot voter - for any cause recognized by law, the commissioners shall require the name, occupation, age and residence of the person offering to vote. The commissioners shall examine such person offering to vote upon his oath, and if a majority of the commissioners then present are satisfied that such applicant is a legal voter of said ward and precinct, they shall permit him to vote, but in all cases such persons so offering to vote must establish his identity and right to vote by the written affidavits of two bona fide residents of the said ward and precinct, such affidavit to be taken before one of the commissioners in the same; provided, that nothing contained in this section shall be so construed as to permit, commissioners to receive any vote which by law they are required to refuse. Said affidavits shall be placed in the ballot box. Challengers to the number of not more than one for each challengers to re- political party or nominating body shall be permitted to remain just outside of the barrier of each polling place and where they can plainly see what is done within such barrier outside the voting booths from the opening to the close of the polls, Section 35. Be it further enacted, etc., That it shall be the List of registered duty of the Registrar of Voters or other registering officers of ^^ for each parish to deliver to the Board of Supervisors of each parish, places. at least twenty-four hours before the day and time fixed for the opening of the polls therein, the list of the voters registered for each precinct and polling place, securely wrapped, sealed and marked; the list shall contain the number of the registration, place of residence, age, race and occupation of each voter in the election precinct where the polling place is situated, and shall 12 be certified by the Registrar of Voters to be correct, and it shall be the duty of the commissioners to check the name of eacli voter; who is about to vote upon said list ; any Registrar of Voters on other registering officer who shall neglect, fail or refuse to pern form the duty above imposed of furnishing the list as aforesaid for any precinct, shall be punished by a fine of not less than; $500 nor more than $1,000, and imprisonment not less than] Affidavit to be three nor more than twelve months. And no person shall vote^ S ad o Q mitted Se f r^m a * an ^ e ^ ec ^ on wnos e name has not been previously placed on] list. said list, nor until the commissioners find and check his name thereon ; provided, that no legal voter shall be denied the right because his name has been accidentally omitted from said list orj in correctly written or printed thereon; provided further, that any voter whose name has been so accidentally omitted therefrom shall make affidavit in writing to that effect, before said commis- sioners, and said affidavit shall be preserved as part of the elec- tion returns and be enclosed in the box provided for the return of the ballots. It shall be the duty of the Board of Supervisors to transmit to the Commissioners of Election at each precinct, and before the time fixed for the opening of the polls, the poll book provided for such precinct. information to be Section 36. Be it further enacted, etc., That whenever any person offers to vote he shall give his name, residence, occupa- tion and registration paper, if such be required by law, to the commissioners, one of whom shall thereupon announce the same in a loud and distinct tone of voice, clear and audible, and if the same are found upon the poll book by the commissioner hav- ing charge thereof, he shall, in a loud and distinct tone, of voice, clear and audible, repeat the same, and the same being checked, the voter shall be allowed, his name being entered upon the poll list, to cast his vote. Affidavit of vot-?r In the Parish of Orleans, if a voter who has lost or mislaid iean^ a wh h o has is~t nis registration certificate shall present himself and offer to or mislaid registra- vote, this right shall not be denied him ; provided, his name; appears on said list and five qualified electors of the precinct shall join in an affidavit, sworn to before one of the commis- sioners, that the person so offering to vote is the identical person whose name appears on said list. The affidavit shall be deposited in the ballot box and shall be preserved for six months by the clerk of court, so as to form the basis of a prosecution of per- jury in case the affidavit shall be false. Commissioners in The commissioners in charge of the poll list, the box and the Poll books, respectively, shall be of different political parties or different parties, factions, so far as practicable. 13 Section 37. Be it further enacted, etc., Elections shall be Election precincts held in the precincts and the polling places as hereinafter defined and polling places. and hereinbelow directed to be established. election pro country P ar Section 38. Be it further enacted, etc., That each police jury ward in every parish of the State, except the Parish of ing Orleans, and except in the case of the division thereof as here- inafter provided, is fixed as an election precinct, and they shall be numbered as such. The police juries of the several parishes shall direct what number of polls shall be established in each ward above constituted as an election precinct ; provided, if more than one polling place be established in any one police jury ward, then the police jury shall divide the ward geographically as nearly equal as possible according to the number of polls established, and so arranged as to contain not more than four hundred voters as nearly as practicable as shown in the preced- ing registration, and shall define the limit within the ward for which each poll is established, and said subdivision of the ward in such case shall be each an election precinct. In the Parish In the Parii?h of of Orleans each subdivision of each ward thereof to be made Orleans. as herein provided, shall constitute an election precinct, and they shall be numbered consecutively in each ward, commencing at the river and running back to the rear boundary of the ward in so far as practicable. Section 39. Be it further enacted, etc., The police juries, as Same. above provided, shall establish as many precincts and polling places in their respective parishes as may be deemed necessary in order to carry out the provisions of the preceding section; provided, that there shall never be less than one precinct and polling place in each police jury -ward ; and provided, that when more than one polling place is established in any one police jury ward the ward shall be divided as above stated, and such sub- division of said police jury ward shall be an election precinct, and the precinct shall be numbered consecutively from one to the end of each ward. That when said polling places and pre- cincts are established they shall be published in the official pro- ceedings of the police jury. The precincts and polling places, or any one of them, once established under this act, shall not be changed except by a vote of the police jury given in favor of said change, and then not within three months prior to a general election. Section 40. Be it further enacted, etc., That in the City of city government New Orleans the various voting precincts as now established by ^ivTd^city^nto ordinance shall remain as the various voting precincts until election precincts. same are changed by ordinance of the city government of New Orleans. That the city government of New Orleans shall by 14 ordinance, from time to time, divide the city into election precincts within the different wards. Each of said precincts shall be composed of contiguous squares and each precinct to be so arranged as to contain not more than 400 voters, as nearly as practicable, as shown in the next preceding registration; they shall establish one polling place for each precinct and shall establish precincts for each ward, and shall cause to be pub- lished an accurate description of the ward boundaries and elec- tion precincts above referred to within ten clays from any elec- tion; they shall, by publication in two daily newspapers, give notice of the location of the polling places of each precinct, which polling places shall be as nearly as possible in the center of the precinct, the boundaries and precincts to be fixed as above, not to be changed within three months prior to any general election. Penalty for ob- Section 41. Be it further enacted, etc., That if any person sha11 willfully disobey any lawful command of the commis- sioners and shall willfully and without lawful authority obstruct, hinder and delay any voter on his way to any polling place where an election is to be held, or while he is exercising or at- tempting to exercise the right of voting, or shall aid or assist in any obstruction or delay, he shall be punished in accordance with Section 44 of this act. Penalty for cast- Section 42. Be it further enacted, etc., That whoever, know- ing illegal votes:. , , , , , . ~ 1 etc. ing that he is not qualified at an election, wilfully votes or at- tempts to vote, or whoever so votes or attempts to vote more than once, either in his own name or in that of any other person, or in an assumed name, or whoever so votes or attempts to vote in more than one voting precinct, or whoever wilfully aids or abets anyone not legally qualified in voting or attempting to vote at an election, or whoever shall have in his possession the registration of another or whoever, with intent to cheat or defraud, alters any ballot at any election, and whoever with such intent removes any ballot from such ballot box or whoever shall forge, imitate or counterfeit or falsely make or alter, or shall procure to be falsely made, imitated, altered, forged or counterfeited, or shall aid or assist in falsely making, imitating, altering, forging or counterfeiting any ballot or part thereof herein provided for, or shall utter or publish as true any such false altered, forged, imitated or counterfeited ballot, or shall procure the same to be altered or published as true, knowing same to be false, altered, forged, imitated or counterfeited, with intent to use same, or to procure same to be used at any election, or whoever being charged with the duty of compiling or making up or of printing the official ballot herein provided for, shall permit any person not so engaged to have access to or to give 15 Penalty for false this any information with regard to the said official ballot, or the form thereof, except as herein provided, or whoever in an as- sembly of people met for the purpose of making nominations under this law, votes or attempts to vote under any name other than his own, or whoever aids and abets any person in the com- mission of the offenses described in this section, or whoever* knowingly and willfully gives a false answer to any election officer, shall be punished for each offense as provided in Section 44 of this act. Section 43. Be it further enacted, etc., Any person who shall be convicted of willful and corrupt false swearing after taking any oath or affirmation prescribed by this act shall be act adjudged guilty of willful and corrupt perjury, and any person who shall willfully and corruptly instigate, advise, induce or procure any person to swear or affirm falsely as aforesaid, shall be adjudged guilty of subornation of perjury and, shall upon conviction thereof suffer the punishment directed by law in the case of willful and corrupt perjury. Section 44. Be it further enacted, etc., Any election officer Penalty for vioia- . , , p ' , . . f ,1 ' , tions of this act. or other person who violates any 01 the provisions or this act shall be punished iby a fine of not more than one thousand ($1,000.00) dollars or imprisonment for not more than one year; provided, that where the offense is declared in this act to be a felony then the punishment shall be imprisonment in the State penitentiary for not less than two nor more than five (5) years. Section 45. Be it further enacted, etc., That the commis- sioners and clerks, and all other officers charged with the conduct of an election under this Act shall, before entering upon the dis- charge of their duties, take the oath prescribed by Article 161 of the Constitution, the oath to be administered by any officer qualified by law to administer oaths, and if no such officer be pres- ent the Commissioners shall administer the oath to each other. Section 46. Be it further enacted, etc., That in case no commissioner shall have been appointed or if none of those who have been appointed be present within one hour after the time fixed for the opening of the poll, the persons present shall hold a meeting and elect the commissioners to preside at the election, who shall perform all the duties of the regularly appointed com- missioners; should any one of the commissioners appointed be present he shall appoint another, and both together shall appoint a third, and the commissioners so appointed shall take the oath and perform all duties of commissioners of election in the same manner as if they had been appointed as above provided by the Board of Supervisors. No election shall be vitiated by a oath to be taken c Ser I kT issionerS Manner of elect- 16 failure to open the polls by the time prescribed by law, unless it be proven before a court of competent jurisdiction, on a contest, that a sufficient number of electors were thereby deprived of their votes to have changed the result of the election. Ballots, tally Section 47. Be it further enacted, etc., That all ballots cast furnished 1 by state! * n a ^ elections for national, State, district and parish and mu- nicipal officers, or for delegates to any constitutional conven- tion, shall be printed and distributed at public expense as here- inafter provided. The printing of the ballots, tally sheets, and cards of instruction to voters and their distribution shall be paid Terms relative to for by the State. The term ''State Election," as used in this ce e rs ti0 us s ed ai in this act > sha1 . 1 a PP^ to an ^ election held for the choice of a national, act defined. State, district or parish officer, whether for a full term or for the filling of a vacancy; and the term "State Officers" shall apply to any person to be chosen by the qualified electors at such election. The term "City Election" shall apply to any election held in the city to fill a municipal office, whether for a full term or a vacancy ; and term ' ' City Officer ' ' shall apply to any person to be chosen by the qualified electors at such election. NOMINATION OF CANDIDATES Manner of nom- Section 48. Be it further enacted, etc., That all nominations ' by political parties recognized by law shall be as provided in the primary election laws as now existing, or as may hereafter be passed excepting only presidential electors, who shall be chosen and nominated in any manner determined by a resolution of the State Central Committee of the respective political parties. Manner of nom- Section 49. Be it further enacted, etc., That whenever the lje a cto? s . pre iential State Central Comimttee of any political party, recognized by law, shall order Presidential electors to be nominated by a con- vention, it shall be the duty of the chairman and secretary of such convention to draft a certificate which shall recite the reso- lution of the State Central Committee, which authorized the convention, the time and place that the convention was held, the election of the chairman and secretary and the names of the persons nominated by the convention as party candidates for the office of Presidential Electors. This certificate shall be sworn to by the chairman and secretary, before some officer authorized by law to administer oaths, and deposited with the Secretary of State, and said certificate shall constitute full proof of the nomination it recites and shall entitle the candi- dates to have their names printed on the official ballot, under the party name and emblem, as the party candidate for the offices of Presidential Electors. 17 Section 50. Be it further enacted, etc., That nomination of Nomination pa- candidates for electoral districts of State or for municipal or P ers - for parish or for ward officers may be made by nomination papers, signed for each candidate by qualified voters of such district or division, to the number of at least one thousand for any officers to be voted for by the electors of the State at large ; one hundred for parish or municipal officers, members of the Legislature or Congress, and twenty-five for ward officers. Section 51. Be it further enacted, etc., That each voter sign- Manner of sign- ing a nomination paper shall add to his signature his place of j^= s nominatiOT1 pa- residence, with the street and number thereof, if any; and each voter may subscribe to one nomination for each office to be filled and no more, and all signatures and addresses shall be made in person. The nomination papers shall, before being filed, be re- spectively submitted to the Registrar of Voters of the parish in which the signers purport to be qualified voters, and each Registrar to whom the same is submitted shall forthwith certify thereon what number of signatures are those of qualified voters, in the parish for which he is a Registrar and in the division for which the nomination is made; and it shall be the duty of the Registrar of Voters to certify to at least fifty per cent more names of registered voters on applications for nomination pa- pers than are required by law to make a nomination under the provisions of this act ; one of the signers to each separate paper shall attach thereto ms affidavit that the statements therein are true to the best of his knowledge and belief, and he shall also add his post office address. A signature once affixed to a nomi- nation paper can not be withdrawn after certification by the Registrar. The Registrar of Voters for each and every parish in this State is hereby prohibited from certifying to the signa- ture on any nomination paper, as is provided for herein, of any voter who has registered as affiliating with any political party recognized under the laws of this State. The signature of any voter who is registered as affiliated with any political party shall not be computed or counted as making up the number of signa- tures requisite under this Act for a candidate to be placed on the official ballot by nominating papers. All nominating pa- Date to be filed pers, as provided for in this Act, shall be filed with the Secre- J? ftatef ' tary of State on or before the date on which the primary election is held to nominate candidates by political parties. Any nomi- nating papers filed with the Secretary of State after any pri- mary is held shall be null and void and be disqualified by the Secretary of State. Section 52. Be it further enacted, etc., That all certificates Form of of nomination and nomination papers shall, besides containing llon certincate - 18 the names of candidates, specify as to each (1) the office for which the candidate is nominated, (2) the party or political principle which he represents expressed in not more than three words, (3) his place of residence and his place of business, if any ; and in case of nomination for a city office, which street and number thereof, if any. In the case of electors of President and Vice President of the United States the names of the candi- New party how dates for President may ibe added to the party or political ap- crgranized. ' pellation. Whenever electors, more than one thousand in num- ber, shall desire to organize a new political party to be recog- nized as such by law, and shall have nominated a candidate or candidates to be voted on throughout the whole State, or in any congressional district in the State, they shall recite in their cer- tificate or certificates of nomination that they are candidates for party recognition under a name selected by them. This party name shall be printed on the official ballot above the name of their candidate or candidates, and, if at the election following, Political party their candidates or any one of them, shall receive ten per centum of all the votes cast in the entire State, the said persons, signing said nomination papers, shall be recognized as a lawful political party. Candidates other Section 53. Be it further enacted, etc., That candidates nomi- inated ^y^oiitkSi nated otherwise than by political parties, which at the preceding parties. State election, or at the preceding congressional election, polled at least ten per centum of the entire vote cast in the State, shall not use the name of any such political party in the political or party designation of their candidates so otherwise nominated; and in case a nomination is made by nomination paper, only the words, "Nomination Paper," or abbreviated as "Nom. Paper," shall be added after such designation, which in such cases shall not consist of more than two words, except as pro- vided in Section 52 of this Act. nominator? ^ bl Section 54 Be it further enacted, etc., That certificates of mod with secretary nomination of Presidential Electors as provided for in this Act shall be filed with the Secretary of State prior to the fifth Tues- day before the day of election ; and all nomination papers shall be filed with the Secretary of State on or before the date of the holding of the primary election by recognized political parties ; provided, that in case of vacancies where, under the law, it be- comes necessary to hold an election to fill a vacancy, nomination papers shall be filed on or before the date of the first primary election held to nominate candidates by any political parties recognized by law. ^objections to reg- Section 55. Be it further enacted, etc., That the certificates of nomination for Presidential Electors and nominating papers 19 Nominations to be Only one candi- of Withdr a w a 1 candidates. being so filed and being in apparent conformity with the pro- visions of this act, shall be deemed to be regular, unless objec- tions to their regularity is made in writing within the seventy- two hours after the last day allowed by law for filing such papers. Such objections arising in relation thereto shall be considered by a Contest Board composed of the Secretary of State, the Auditor and the Treasurer and two electors to be appointed by the Gov- ditor and Treasurer. ernor, within twenty-four hours after the last day and hour for the filing of the objections and the decision of the majority of these officers shall be final. In case such objection is made, the objector shall at the same time notify the party or parties affected thereby, and shall certify under oath to the Secretary of State in what manner he has notified such party. If for any reason no decision shall be arrived at within said time, the certificate shall be considered regular. Section 56. Be it further enacted, etc., That no greater num- ber of candidates for any office shall appear on the official ballot bearing any one party designation than there are persons to be elected to such office, and the name of no candidate shall appear on the official ballot in more than one place. Section 57. Be it further enacted, etc., That any person who lias been nominated as a candidate may cause his name to be withdrawn from nomination by request in writing, signed by him and acknowledged before any officer qualified to administer oaths, and same shall be filed with the Secretary of State twenty days prior to the election, and no name so withdrawn shall be printed on the ballot. Section 58. Be it further enacted, etc., That in case of a Manner of fining vacancy occurring in the nomination made by any political vacancies caused by J , _ jn . r(1 , ... J , 3 ,? . death, resignation, party under the laws ot this btate, caused either by death, resig- etc. nation or otherwise, the same shall be filled as provided for by the primary election laws of this State, then in existence. In case of a vacancy occasioned by death, resignation or otherwise among the list of candidates for the office of Presidential Elector nominated by a convention, same shall be filled in the manner provided for by the convention or by the State Central Com- mittee. Section 59. Be it further enacted, etc., That the Secretary of Blank forms for CM. -. ,, ,, . , ,. ,. , , , p < ,1 nomination furmsh- State shall furnish, upon application, blank forms for the nomi- ed by sercetary of mtion of candidates. state. Section 60. Be it further enacted, etc., That all certificates of All norninat ion lomination and nomination papers when filed shall be open papers open for under proper regulations to public inspection, and the Secretary pul of State shall preserve the same in his office not less than one year 20 Manner of reck- Section 61. Be it further enacted, etc., That in reckoning the oning days for fii- number of days mentioned in this Act Sundays and holidays ing nominations. i v i i -i -i n shall be included ; provided, however, that if the final day men- toned shall fall on Sunday or a holiday, the first day previous to such day or days shall be considered the final day if the period of time precedes a certain day, act or event, and the first day following such day or days shall be considered the final day if the period of time follows a certain day or event. Penalty for will- Section 62. Be it further enacted, etc., That any person who - shall falsely make or willfully deface, or destroy, add to, or tions - otherwise alter, or tamper with any certificate of nomination or nomination paper, or any part thereof, or any letter of with- drawal, or sign any such certificate of paper contrary to the provisions of this Act, or file any certificate of nomination or nomination paper or letter of withdrawal, knowing the same or any part thereof to be falsely made, or suppress any certifi- cate or nomination paper, or any part thereof which has been duly filed, shall be punished in accordance with Section 44 of this Act. FORM OF BALLOT. Ballots to be fur- Section 63. Be it further enacted, etc., That all elections by of S state. y y the people, except as otherwise provided by the primary election laws of this State, and municipal elections in town having a population of less than twenty-five hundred, when such elections are not held at the same time as general elections, shall be by official ballot, printed and distributed at the expense of the State; and such ballots shall have printed thereon, and at the head and immediately preceding the list of names of the candi- dates of each political party or nominating paper, a specific votTng ty s t r V aig ht an( ^ se P arate device by which the political party and candidates ticket. K of such political party or nominating paper may be indicated. By stamping such device at the head of the list of the candidates of each political party, or nominating paper, the voter may indi- cate that his vote is for the entire straight ticket of the particu- lar party or nominating paper employing the particular device allotted to such political party or nominating paper. When the voter does not desire to vote an entire straight party ticket he may vote for candidates of any political party or nominating pap^r by stamping a blank space to be left opposite the name of each candidate on said official ballot. state Central The State Central Committee of each of the political parties ~ in this State shall select a party device and certify the same to the Secretary of State, provided that, if any two of the State Central Committees representing different parties should select 21 the same device, the one first selecting and certifying the same to the Secretary of State shall be entitled to the said device, which fact the Secretary of State shall make known to the party last selecting the device in order that such party may have an opportunity of making another selection. The said device so selected shall be certified to by the Secretary of State prior to and not later than the last day for filing nominations by political parties or nominating bodies. Whenever the approval of a constitutional amendment or other ~ * . i p i constit utional question be submitted to the vote of the people, such question amendments ; n o w shall be printed upon the ballot after the list of candidates under voted - each party device. The ballots shall be so printed as to give to each voter a clear opportunity to designate by mark in a sufficient margin at the right of the name of each candidate his choice of candidates and his answer to questions submitted. Provided, that should any clerical or typographical errors provision relative occur in the printing of the official ballot or tally sheets, no can- to clerical errors, didate or measure shall be prejudiced thereby, but it shall be the duty of the Returning Officers upon such error being called to their attention to obtain from the Secretary of State a certi- fied copy of the certificate of nomination or nomination paper, if such error should occur in the name of the candidate being voted for, or certified copy of the measure voted for, and shall thereupon cause such error to be corrected and the returns to be promulgated as if no such error had occurred. Provided, that any device or emblem which has been selected Party devices or by any political party at the time of the passage of this Act eTbyThis n act effe shall remain the device or emblem of said political party, with- out the necessity of said political party complying with any of the provisions of this Act ; and, provided further, that said po- litical party has not lost its identity as a political party by either failing to cast the necessary vote. Section 64. Be it further enacted, etc., That tne ballots fur- size of ballot; nished by the Secretary of State shall be of plain white paper, t c be el in weight not less than the best quality No. 2 book paper, and of such length and width as may be necessary, provided that all ballots furnished for use in any one precinct shall be of the same length. Before distribution the ballots shall be so folded in marked creases that their width and length will be of con- venient size for insertion into the ballot box. On the back and outside, when folded, shall be printed in great primer Roman condensed capitals "Official Ballots" followed by the designation of the polling places and election for which the ballot is pre- pared, the date of election and a fac simile of the Signature of the Secretary of State. 22 Directors to vote The following directions shall be conspicuously printed on the for straight party. ^ aCQ of the ballot and around t h e device : " To vote for a straight party ticket stamp here." Voting space?. To the right of the name of each candidate and on the same horizontal line as the name of the candidate, shall be a square hereinafter calling a voting space. Voting spaces on any ballot provided for any one polling place shall be of uniform size and shall be arranged in a vertical column. Voting spaces opposite the names of all candidates for the same office shall be printed as a continuous column. Voting spaces shall be printed solidly in white, one-quarter of an inch square, enclosed in black lines. If in case of any office, no nominations of candidates to fill the same have been made, the title of such office shall be printed upon the ballot, and as many blank spaces shall be left below such title as there are persons to be elected to the office, and at the right of each such space shall be a voting space. Ballots to be uni- Section 65. Be it further enacted, etc., That all of the official form - ballots prepared for the same polling place shall be of precisely the same size, arrangement, quality and tint of paper and kind of type, and shall be printed with black ink of the same tint, so that it shall be impossible to distinguish any one ballot from the other. If at a general election in any Congressional district one representative in Congress is to be elected for a full term and another to fill a vacancy, the ballots containing the names of the candidates shall be a part of the title of the office designate the term or vacancy for, or to fill which the candidates are severally nominated. Ballots shall be Section 66. Be it further enacted, etc., That all ballots when L printed shall be folded as heinbefore provided, and fastened to- gether with convenient numbers in packages, books and blocks in such manner that each ballot may be detached and removed separately. instructions for 'Section 67. Be it further enacted, etc., That the Secretary of voteV s gUidanCQ State shal l Prepare full instruction for the guidance of voters, as to obtaining ballots, manner of marking them, the method of obtaining assistance, and obtaining new ballots in place of those accidentally spoiled, and shall cause the same, together with copies of Sections 34, 35, 36 and 44 of this Act, to be printed in large clear type, on separate cards, to be called "Cards of Instruction," together with at least three sample ballots, to be nailed up in a prominent place outside of each polling booth in the same manner as hereinafter provided for in Section 70 of this Act, and he shall furnish the same for use at each election. 23 DELIVERY OF BALLOTS. Section 68. Be it further enacted, etc., That the Secretary of ^aiiot^to be sent State shall send a sufficient number of ballots, together with a pervisors. sufficient number of tally sheets and ten of the Beards of in- structions, to the Boards of Supervisors of the several par- ishes so as to be received by them twenty-four hours, at least, previous to the day of election. The same shall be sent in sealed packages, with marks on the outside clearly designating the polling place for which they are intended and the number of ballots enclosed, and the respective Boards of Supervisors shall, on delivery to them of such packages, return receipts therefor Penalty for de- to the Secretary of 'State. The Secretary of State shall keep a!g[ a ^ cr ' etary of record of the time when and the manner in which the several packages are sent and of the number of ballots in each package, and shall preserve the same for the period of one year, to- gether with the receipts of the Boards of Supervisors. Section 69, Be it further enacted, etc., That the several Boards cards of instruc- n -i i tlori, tcilly , of Supervisors shall send to the commissioners of each voting e tc., sent out by place, before the opening of the polls on the day of election, cards ^ s ^ s of Super of instructions, tally sheet blanks, forms and one set 'of ballots as sealed and marked by the Secretary of State for such voting place; and a receipt of such delivery shall be returned to them from the commissioners present, which receipt shall be kept for the period of one year. At the opening of the polls in each poll- ing place the seal of the package shall publicly opened and the package shall be opened by the commissioners, and the book or blocks of ballots shall be delivered to the commissioners of elec- tion hereinafter provided for. The cards of instructions and sample ballots shall be immediately posted at or in each voting shelf or compartment provided in accordance with this Act and not less than three such cards shall be posted in or about the polling room, outside of the barrier. .Section 70. Be it further enacted, etc., That in case the ballots to be furnished to ,any voting place, in accordance with the pro- those lost or stolen. visions of this Act, shall fail for any reason to be delivered, or in case after delivery they shall be destroyed or stolen, it shall be the duty of the Board of Supervisors to cause other ballots and cards of instruction to be prepared substantially in the form and to the number of the ballots wanting and to be furnished ; and, upon receipt of such other ballots from them, accompanied by a statement under oath that the same have been so prepared and furnished by them and that the original ballots have failed to be received or have been destroyed or stolen, the Commissioners shall cause the ballots so substituted to be used in lieu of the 24 -written state- ballots wanting, as above. The written statement under oath ; nSed Secretary^ ^ tne Board of Supervisors shall be made part of the returns, j state. and shall be enclosed in the envelope containing the compiled statement of the national, 'State and parochial offices to the Sec- retary of State. voting booth and Section 71. Be it further enacted, etc., That the officers whose shelves for cities of duty it is to designate and appoint polling places in cities of more than 50,000 J : , . , f f' inhabitants. more than fifty thousand inhabitants shall cause the same to be provided with voting shelves /and compartments, known as polling booths, in which voters may conveniently mark their bal- lots. There shall 'be in each polling place, during each election, a sufficient number of voting booths, and not less than one for every one hundred voters in the precinct. Each such booth shall be at least six feet square, shall have four sides enclosed, each at least six feet high, and the one in front shall open and shut as a door swinging outwards and shall extend within two feet ol the floor. Each such booth shall contain a shelf which shall be, one foot wide, extending across one side of the booth at a con venient height for writing, and shall be furnished with such sup- plies and conveniences, including black ink, pads, blotting paper and pencils having black lead only as will enable the voters to conveniently prepare their ballots for voting. Each polling booth shall be furnished with stamps or 'dies for making the voting marks upon the ballots, and shall have inking pads with ink of uniform color and quality. Each booth shall be kept clearly lighted, while the polls are open, by artificial lights if necessary. A barrier shall be placed at each polling place at least six feet from the ballot boxes and the booths, and no ballot box or booth shall be placed within six feet of such barrier, and each barrier shall be provided with a separate entrance and separate exit. The arrangements of the polling place shall be such that the booths can only be reached by passing within the barrier, and that the booths, ballot boxes, commissioners and every part of the polling places, except the inside of the booth, shall be in plain view of the commissioners and of persons just outside of the barrier. Such booths shall be so arranged that there shall be no access to intending voters or to the booths through any door, window or opening, except by the door in front of said booth. PREPARATION OF BALLOT AND VOTING. Delivery of ballot Section 72. Be it further enacted, etc., That any person de- s?oner? r ' & " siring to vote shall give his name, occupation and registration paper, if such be provided for, to the presiding commissioner, who shall thereupon announce the same in a loud and distinct 25 tone of voice, clear and audible, and if such name is found upon the registration list ;by the commissioner having charge thereof, he shall likewise repeat the same. The commissioner shall give him one, and only one ballot, and his name shall be immediately checked on said list, and shall also be entered upon a poll list, which shall be numbered from one to the end, before he deposits his ballot in the box. The commissioner in charge of the poll list immediately after List of voters to entering the voter 's name thereon, and on the same line with the bG kept voter's name shall, by making a cross, indicating that this voter has received one ballot; and should the voter return the first ballot and receive a second ballot, the commissioner in charge of the poll list shall place opposite 'the voter's name and on the same line on the poll list and next to the first cross a second cross ; these crosses shall be the record of the number of ballots obtained by any voter. After three crosses have been placed opposite the name of any voter on the poll list, said voter shall receive no more ballots. 'Section 73. Be it further enacted, etc., That on receiving his . Manner of mark- ballot the voter shall forthwith, and without leaving the enclosed ir space, retire alone to one of the voting booths or to the table or shelf, and without undue delay unfold and mark his ballot therein as hereafter prescribed. When the voter has so marked the ballot received by him he Manner of piac- shall, before leaving the booth or enclosed space, refold the ir ballot, immediately cast the same and leave the voting place. Every voter who does not vote a ballot delivered to him by the Ball t to be re- T_ n , . -I 11 i r> T . turned to commis- ballot commissioner shall, before passing outside the harrier or sioner if not voted, enclosed space return such ballot to such officer, who shall stamp the same "spoiled" and deposit in the box for spoiled ballots. And the voter shall not again return within the barrier. No ballot, either spoiled or otherwise, shall be carried away . Provisions regu- '. , . -T ., ' , J lating order and from the voting place or taken outside the barrier. manner of voting. No more voters shall be permitted to pass the barrier than there are unoccupied booths provided for in this Act. No voter shall be allowed to occupy a booth already occupied by another or to occupy a ibooth or enclosed space more than three minutes or to speak or converse with any one, except as in this Act provided, while within the barrier. It shall be unlawful for a voter to deface or tear any ballot or mark the same other- wise than as provided, in this section. Every ballot voted which is defaced or torn, or which is same, marked otherwise than as in this section provided, shall be treated as a 'ballot marked for identification. 26 If a voter tear, soil or deface a ballot so that it cannot be used, he may successively obtain others, one at a time, not exceeding in all three, upon returning each ballot so torn, soiled or defaced to the commissioner, which ballot so returned shall be immedi- ately marked or stamped "spoiled" across the official endorse- ment and placed in the box for spoiled ballots and entry of such fact made on the poll list as required by this Act. Same. If he desires to vote for a person other than a nominee or political parties, he must write in his own handwriting the name of such person in the space provided for such purpose, with a pencil having a black lead, and stamp, with the official stamp the white square in the voting space at the right of the name so written. Assistance to Provided, that if the voter from being unable to write by ai^nera^e n C ut?e S d reason of physical disability or illiteracy, he shall be entitled to thereto. assistance of a commissioner, who shall for him write the name or names he desires in the blank column and stamp the ballot in the presence of at least one other commissioner. Manner of voting In marking a ballot upon which is printed for submission to the amen(Sn2nt 1 s UUi nal voters any question of the adoption of a constitutional amend- ment, or any other proposition or question, he shall obliterate with the official stamp the white square in the voting space after the word ' ' yes ' ' printed at the right of the question, for an affir- mative vote upon such question; or he shall obliterate with the official stamp the white square after the word "no" similarly printed for negative vote upon such question. Penalty for fraud- Section 74. Be it further enacted, etc., That whenever there -alent tabulation of . / ' _ votes en Constitu- shall appear on the official ballot to be voted lor at general elec- tkmai amendments, f-j ons held under this law, a proposition for an amendment to the State Constitution, or a proposition for a tax levy or any propo- sition appearing on the official ballot proposed by the General Assembly, or on a petition of citizens, it shall be the duty of commissioners and clerks of election to tabulate and correctly count and make returns of the votes cast thereon the same as in the case of candidate, and any violation of this section shall be deemed a misdemeanor and punishable by fine of not less than one hundred dollars and not more than five hundred dollars, and imprisonment in the parish prison or police jail for not less than six months nor more than one year. AH ballots to have Section 75. Be it further enacted, etc., That no ballot with- inent al > r s G - ou t the official endorsement, shall except as herein otherwise be allowed to be deposited in the ballot box, and none but ballots provided in accordance with the provisions of this act shall be counted. Any voter who declares to the presiding commissioner that by blindness or other physical disability he is unable to mark 27 Ids ballot, shall, upon request, receive the assistance of two of tfre commissioners, who shall be of different political parties, or commissioners to factions, represented among the commissioners, in the marking thereof, and neither the voter nor the said commissioners shall to. thereafter give any information regarding the same. The com- missioner shall require such declaration of disability to be made by the voter under oath before him, and he is hereby qualified to administer the same. Section 76. Be it further enacted, etc., That any voter or Relative 'to se- conimissioner who shall except as hereinbefore provided, allow crecy of b ^ 1Iot - his ballot to be seen by any person with an apparent intention of letting it be known how he is about to vote, or place any dis- tinguishing mark upon his ballot, or who shall make a false statement as to his inability to mark his ballot, or any person who shall interfere or attempt to interfere with any voter when inside said enclosed space or when marking his ballot, or who shall endeavor to induce any voter before voting to show how he is about to mark, or has marked his ballot, or otherwise violates any of the provisions of this Act, shall 'be punished in accordance with Section 44 of this Act. Section 77. Be it further enacted, etc., That any person Who ^Penalty for de- shall, prior to or during an election, willfully deface or destroy of n instruct?ons, a et d c S any card of instruction or sample ballot printed or posted for the instruction of voters, willfully remove or destroy any of the supplies or conveniences furnished to enable a voter to prepare his ballot, or shall willfully hinder the voting of others, shall be punished in accordance with Section 44 of this Act. Every commissioner of election, or other officer or person hav- Penalty for de- ing the custody of any record register of votes, or copy thereof, ^^^ f et? st b r oath, return of votes, certificates, poll lists, or any paper, docu- commissioner or ment or evidence of any description in this Act directed to be others - made, filed or preserved, who is guilty of stealing, willfully de- stroying, mutilating, defacing, falsifying, or fraudulently re- moving or secreting the whole or any part thereof, or who shall fraudulently make any entry, erasure or alteration therein, ex- cept as allowed and directed by the provisions of this Act or who permits any other person so to do, shall be guilty of a felony, and upon conviction thereof be punished in accordance with Section 44 of this Act. Section 78. Be it further enacted, etc., That any person in the renaity for any employment of any railway, express, or other transportation othe^corn^n^car- company or anv other common carrier, or any person, who shall rier, who snail de- 11 --I i -I . j? .1 'ay, steal or de- delay, steal, destroy or make way with while in transit from the s troy election mat- office of the Secretary of State to the Board of Supervisors of ters in transit - Election of any parish in this State, any box or package con- 28 taming ballots or other election supplies, shall be guilty of a felony, and upon conviction thereof be punished in accordance with Section 44 of this Act. And every person not