GIFT OF 14. State of Kljofte Jtelanb anb Jlrotritonce plantations. MANUAL OP ELECTION LAWS FOR THE USE OF MODERATORS, WARDENS, CLERKS, AXD SUPERVISORS. PREPARED BY TITK STATE RETURNING BOARD 1906. PROVIDENCE : R. f,. FREEMAN COMPANY, PRINTERS TO THK STATE. 1906. State of Kljofoe Jslanb anft JJrowbence JJlcmtaticm0. MANUAL OP ELECTION LAWS FOR THE USE OF MODERATORS, WARDENS, CLERKS, AND SUPERVISORS. PREPARED BY THE STATE RETURNING BOARD 1906. PROVIDENCE I E. L. FREEMAN COMPANY, PRINTERS TO THE STATE. 1906. STATE RETURNING. BOARD. ARTHUR S. FITZ, Chairman, THOMAS J. DORNEY, GEORGE R. LAWTON, CHARLES H. HANDY, C. CLARENCE MAXSOK RICHARD W. JENNINGS, Secretary. P. O. Box 843, PROVIDENCE, R. I. OFFICES: ROOMS 3 AND 108, STATE HOUSE, PROVIDENCE. TO ELECTION OFFICEES, The State ballot for the election to be held on November 6th, 1906, will contain the names of candidates for Representative in Con- gress, General Officers and for members of the General Assembly; also a proposition for the issue of bonds known as the " Metropoli- tan Park Loan." The names of the candidates will be arranged upon the ballot in party columns, so that a voter desiring to vote a straight party ticket may do so by making a cross in the circle at the top of the column assigned to the party of his choice. A cross mark in such a circle is a vote not only for a Representative in Congress and for General Officers, but also for members of the General Assembly; therefore THIS BALLOT MUST NOT BE TORN APART, NOR ITS FOLDS SEPARATED IN ANY MANNER WHATSOEVER. The ENTIRE BALLOT must be returned to the State Returning Board, which, by the changes made in the laws at the January Session, 1905, is now required to count and declare the votes cast for members of the General Assembly; town councils, boards of al- dermen, and the board of canvassers and registration in the city of Providence having been relieved of the duty of counting and de- claring such votes. When the votes have been counted in the town, ward or district meeting, the State ballots must be done up in the official wrapper furnished by the Secretary of State. ELECTION OFFICERS MUST SEE THAT EACH PACKAGE OF BALLOTS IS SEALED UP, ADDRESSED, AND ENDORSED ACCORDING TO LAW. Each package must be sealed up in accordance with sections 9 and 11, Chapter 829 (see pages 8 and 9). ADHESIVE LABELS bearing the SIGNATURES of the MODERATOR or WARDEN 257157 .J&ANUAL OF ELECTION LAWS, and CLERK must be so affixed to the package as to guard against any tampering with the ballots after they have left the polling place. Each package must be addressed and endorsed as required by section 10, Chapter 829. (See page 9.) Each package must contain the CERTIFICATE signed by the moderator or warden and clerk as required by section 12, Chapter 829 (see page 10), also the reports of supervisors required by sec- tion 32, Chapter 11, General Laws. (See page 30.) The State ballots must be delivered by the clerk of the elective meeting IN PERSON, to the State Returning Board, at the State House, Providence, within FORTY-EIGHT HOURS after they have been sealed up. If the clerk is unable from any cause to personally deliver the ballots to the State Returning Board, he must appoint, in writing, some officer of his city or town to deliver them. PACKAGES MUST NOT BE RE-OPENED. After ballots have been once sealed up in open meeting, the re- opening of the package is prohibited. The duties of supervisors and the nature of the returns to be made by them will be found in Chapter 11, General Laws, sections 32 to 37, inclusive, and sections 39, 40, and 50. The offices of the State Returning Board, at the State House, Providence, will be open continuously for twenty-four hours after the close of the polls, and thereafter from 8 A. M. to 7 P. M., until all the ballots have been received. By direction of the State Returning Board, RICHARD W. JENNINGS, Secretary. MANUAL OE ELECTION LAWS. CHAPTER 38, GENERAL LAWS. Moderators and Wardens; Election and Powers. Chapter 38, General Laws, "Of the quorum, government and conduct of town meetings, and of organization and gov- ernment of ward meetings," provides: SEC. 8. In all meetings of the electors or voters in a town who to pre- or district, the moderator, and of a ward or district, the warden or district warden, shall preside, if present. SEC. 9. In case of his absence, or of the absence of the moderator? f ,. . . , i warden and ward or district clerk, the town, ward or district may elect a clerk pro tem- pore. moderator or warden, or clerk, pro tempore; and the town, ward or district clerk, and in case of the absence of the town clerk, the town treasurer, shall preside in such election of the moderator or warden, and the warden or moderator shall preside at such election of a ward or district clerk. SEC. 10. In case of the death, resignation or permanent ^n In 7 case" of disability of the moderator, warden, or ward or district clerk, the town, ward or district may proceed to a new election, the meeting for such purpose being presided over in like manner as for the election of such officer pro tempore. SEC. 11. Every moderator or warden shall have power to p r a Yorand m d manage and regulate the business of each meeting, conform- warden - ing to law, and to maintain peace and good order therein. SEC. 12. If any person shall conduct himself in a disorderly Disorderly per- manner in any town, district or ward meeting, the moderator or warden may order him to withdraw from the meeting; and, on his refusal, may order the town sergeant, or any constable MANUAL OF ELECTION LAWS. present, or any other persons, to take him from the meeting, and to confine him in some convenient place until the meeting shall be adjourned; and the person so refusing to withdraw shall, for each offence, be fined not exceeding twenty dollars. Passed March 21, 1901. Ballot-boxes, how provided and cared for. Form of ballot- boxes and how used. What votes to be received, and what re- jected. CHAPTER 829, PUBLIC LAWS. AN ACT PRESCRIBING THE MANNER OF CONDUCTING ELECTIONS. // is enacted by the General Assembly as follows: SECTION 1. The city clerks of the several cities, other than the city of Providence, and the town clerks of the several towns shall, at the expense of their respective cities and towns, furnish a sufficient number of ballot-boxes for the voting- places in their respective cities and towns, and shall see that such boxes are kept in proper condition for use and that each voting-place is supplied with the required number of such boxes on the day of every town, ward, or district meeting held thereat. SEC. 2. Said ballot-boxes shall have a sufficient opening in the top to receive the ballots, and shall in open town, ward, and district meeting, and before the balloting has commenced, be opened and exhibited to all present; after which they shall be kept closed and locked, and shall not, by the moderator or warden, nor by any other person whomsoever upon any pre- text whatever, be opened until the balloting be completed, and shall be in charge of the moderators and wardens only. SEC. 3. The moderator or warden of any town, ward, or district meeting shall receive the ballots of all person whose names are upon the list of voters certified and delivered to him by the city or town clerk, and shall reject the ballots of all persons attempting to vote whose names are not on said list. MANUAL OF ELECTION LAWS. SEC. 4. Every moderator or warden whose duty it is to , . . . . , or reception of receive ballots, and every town, ward, or district clerk, who vote. 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 district list, or who shall place or permit to be placed in or abstract or permit to be abstracted from the ballot-box, or from the ballots during the counting thereof, 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 depositing of the ballot of such moderator, warden, or clerk. SEC. 5. Every voter shall at the time of voting announce JUmic^hls" his name to the moderator or warden, who shall pronounce Same'ufbe re- peated and the same aloud and cause it to be checked upon the voting- checked before list by the clerk before the voter deposits his ballot or enters any voting-machine. SEC. 6. In voting by ballot every voter shall also hold in ^f b ^t in his hand and deposit in said ballot-box his ballot or ballots wha in such a manner that said moderator and warden can dis- tinctly see that he deposits but one ballot of a kind. SEC. 7. (As amended by Chapter 1229, Public Laws.) After the voting in any town, ward, or district meeting shall be result an- closed the moderator or warden and the clerk of such meeting nounced. 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- ing shall make a record in ink, in a book to be provided for whom, and y what to con- that 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; 8 MANUAL OF ELECTION LAWS. Third, Of the number of votes cast thereat for each can- didate, and for what office; Fourth, Of the number of votes cast for and against any proposition of amendment of the constitution; and Fifth, Of the number of votes cast for and against any question which has been voted upon at said meeting, and shall each sign such record in ink. Said book shall in no case be enclosed in any package containing ballots, but shall be taken by the moderator or warden of said meeting, upon the ad- journment thereof, and be by him kept separate and apart from said ballots, where it will not be exposed to loss or de- struction 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 before they are sealed up as provided in this act. SEC. 9. When the counting of the ballots given in at such meeting is completed, and the result thereof has been an- nounced, the moderator or warden and clerk shall forthwith seal up such ballots in open meeting, together with the certifi- cate provided for in section 12 of this act, by enclosing them Method of seal- j n s tout paper and binding the package with suitable cord or twine 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 Labels to be officers whose duty it is to sign, such labels are of the same signed, by whom. political party, they shall also allow some elector of another MANUAL OF ELECTION LAWS. 9 political 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. The packages so sealed up shall each be addressed ^JJ^eifvered to the board or council to which they are to be delivered and iSw to *en- be plainly endorsed in ink by the clerk of such meeting, with First, The name of the town or city where such meeting was held; Second, The number of the voting-district, if it be a district meeting; Third, The number of the ward, if it be a ward meeting; Fourth, The number of the ward and of the voting-district therein, if it be a ward-district meeting; Fifth, The day, month, and- year of holding such meeting; and Sixth, The class or classes of ballots which such package contains. SEC. 11. (As amended by Chapter 1229, Public Laws.) The t B a K' al h e d w up . ballots given at any such meeting for electors of president and vice-president of the United States, representatives in the con- gress of the United States, general officers of the state, senators and representatives in the general assembly, and ballots given in at any such meeting upon any proposed amendment of the constitution and upon any question or questions 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 package containing no ballots given in for any other officers, or for or against any proposition or question submitted to the electors of the state. 2 MANUAL OF ELECTION LAWS. SEC. 12. In each package of ballots sealed up as provided lots. a| in section 9 of this act there shall be enclosed a certificate in ink, signed by the moderator or warden and clerk of such meeting, stating: what to set 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 question 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 ward, voting-district, or ward voting-district in which such meeting was held. SEC. 13. (As amended by Chapter 1229, Public Laws.) In all cities and towns the packages containing the ballots for electors of president and vice-president, representatives in con- gress, general officers, senators, and representatives in the general assembly, and for and against any proposition of amend- ment 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 de- livered 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 thf MANUAL OF ELECTION LAWS. H 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. (As amended by Chapter 1229, Public Laws.) ? f f f a iiotf S , . in cities other In cities other than the city of Providence, and in towns than Provi- dence and divided into voting-districts, the packages containing the |{J < J}J ided ballots cast at any such meeting for city and town officers, and districts - voting-district, ward, and ward-voting-district officers, and for and against any question submitted to the electors of such city or town, after such ballots have been counted, recorded, sealed, and endorsed as hereinbefore provided, shall be delivered in person by the clerk of such meeting to the clerk of the city or town where such meeting was held within twelve hours after such sealing is done. SEC. 15. In the city of Providence the packages containing .j*J.JJ f Provi ' the ballots described in section 14 of this act, given in at any such meeting, after such ballots have been counted, recorded, sealed, and endorsed as hereinbefore provided, shall be de- livered in person by the clerk of such meeting to the board of canvassers and registration within twelve hours after such sealing is done. SEC. 16. Repealed by Chapter 1229, Public Laws. SEC. 17. In cities other than the city of Providence, and in towns divided into voting-districts, ward and district meet- e ings held therein respectively for the election of city, town, ward, and voting-district officers, or of any of them, shall at the time of closing the polls therein prescribed by law stand adjourned to the seventh day next from and after the day so appointed unless the said seventh day shall fall on a holiday, and in that event to the day following said holiday, with like adjournment therefrom. Provided, however, that in Westerly and Hopkinton there shall be no election held on Saturday? and if the day of any such adjournment fall on Saturday the meeting shall stand adjourned to the Monday following. 12 MANUAL OF ELECTION LAWS. Of re-opening polls in towns pot divided into voting-dis- tricts. Boards and town councils to count cer- tain ballots on the day after election. Who may be allowed to scrutinize the counting of ballots. SEC. 18. If in any case in a town not divided into voting- districts there shall be no election of the town officers voted for who are required to be elected by the people, or of any of them, the polls may be re-opened and the like proceedings shall be had until an election takes place. In such towns, after the declaration of the result of the voting for town officers, the town clerks shall give certificates of their election to the persons elected town officers. SEC. 19. (As amended by Chapter 1229, Public Laws.) In the city of Providence the board of canvassers and regis- tration, and in the cities other than the city of Providence and in towns divided into voting-districts the boards of aldermen and town councils, shall be in session on the day following any election for city, town, ward, and voting-district officers, or for any of them, and shall in open meeting count the ballots given in at such election and declare the result thereof, and the clerks of such boards and councils shall make a record thereof. The several city and town clerks shall forthwith after such declaration give certificates of their election to the persons declared elected. SEC. 20. The several boards and councils named in section 19 of this act shall,. at the counting of the ballots provided for therein, admit two republicans and two democrats within the space reserved for such counting, and allow them to scrutinize said counting under such reasonable restrictions as may be prescribed by such boards and councils. Each of such repub- licans and democrats shall be authorized in writing, by the chairman of the city or town committee of the political party to which he belongs. The provisions of this section shall not be construed to prevent said boards or councils from admitting, in their discretion, other persons within said reserved space during such counting. SEC. 21. Repealed by Chapter 1229, Public Laws. SEC. 22. No package of ballots, after having been sealed MANUAL OF ELECTION LAWS. 13 as provided in section 9 of this act, shall thereafter be opened by any moderator, warden, or clerk, or by any other person gTiptn^d ex- ., cept by whom. upon any pretence whatever, except by the boards or councils authorized by law to count the same and at the time provided for such counting. Any person who shall willfully violate any of the provisions of this section shall be fined not more than one thousand dollars or be imprisoned not more than three years t or both. SEC. 23. The secretary of state shall at the expense of the state procure for use at all elective meetings held therein a y?he secS ed sufficient supply of suitably strong cord and twine and of paper for enclosing the ballots, and also of adhesive labels not less than four inches in length and two and one-quarter inches in width, for use in complying with the provisions of section 9 of this act. He shall also for use at all meetings held therein for the election of electors of president and vice-president of the United States, representatives in congress, general officers, and senators and representatives in the general assem- bly, or for voting upon propositions or questions submitted to the electors of the state, have printed at such expense, upon the paper for enclosing the ballots or upon adhesive labels not less than six inches in length and four inches in width, a suffi- cient number of blank forms of the endorsement provided for in section 10 of this act, and upon suitable paper a sufficient supply of blank forms of the certificates provided for in section 12 of this act, and shall furnish to the city or town clerk of each city and town, at least ten days before the day for holding such meetings, an ample quantity of each of the articles named in this section for use at all meetings to be held in such city or town. SEC. 24. The several city and town clerks shall at the ex- city and town clerks to fur- pense of their respective cities and towns procure for use at suppnes tain meetings held therein for the election of city, town, ward, and district officers a sufficient supply of blank forms of the en- dorsement provided for in section 10 of this act, printed upon MANUAL OF ELECTION LAWS. adhesive labels not less than six inches in length and four inches in width, or upon strong paper of suitable size for en- closing the ballots as provided in section 9 of this act, and of the certificates provided for in section 12 of this act; and shall seasonably furnish at each voting-place therein, on the day of every election held thereat, an ample quantity of each of the articles named in this section, and of the articles provided in section 23 of this act, to be furnished to him by the secretary of state, point some offi- SEC. 25. Every clerk upon whom is imposed by this act cer to deliver ballots, when. ^ ne duty of delivering any package of ballots may appoint in writing some officer of the city or town where he resides to deliver such package in his stead, in case of his sickness or absolute inability to deliver the same in person. St s r " 8 and al " SEC - 26 - Wherever in this act the word "ballots" or the strued. word " votes " is used it shall be construed to mean the evi- dence of the intent of the voters as shown by the tally-sheets or records made upon paper by any voting-machine used in the election of officers or in voting upon any proposition or question. i^-d d iltricv ; SEC - 27 - Tne words "voting-district" shall be construed and "olefk" to include ward voting-districts, the word "warden" ward- construed. district wardens, and the word "clerk" ward-district clerks, wherever used in this act, and the duties imposed upon wardens and clerks by this act are hereby imposed upon ward-district wardens and ward-district clerks. SEC. 28. Every city or town clerk who shall neglect or certificates of refuse to furnish any city, town, ward, or voting-district officer election. elect with a proper certificate of his election as soon as may be thereafter shall be fined not less than fifty dollars nor more than five hundred dollars, or be imprisoned not exceeding six months, either or both, at the discretion of the court which shall try such offender, penalty for SEC. 29. Every moderator, warden, or clerk who shall neglect to et In elections by the people of the several towns furn?shed w (not including cities) which have adopted, or shall adopt, the system of voting provided by this chapter, all ballots cast for officers who are elected by the people of such towns respec- tively, members of the school committee, and voting-district officers, shall be printed and distributed at the expense of such towns, as hereinafter provided. MANUAL OF ELECTION LAWS. NOMINATION OF CANDIDATES IN CONVENTION OR CAUCUS. SEC. 4. Any convention of delegates representing a political party which, at the election next preceding, polled at least two per centum of the entire vote cast in the state, may for the state make one nomination for each office mentioned in section 1 of this chapter, therein to be filled at the election, and any convention of delegates or caucus representing a political party which at the election next preceding polled at least two per centum of the entire vote in any congressional district, city or town, may, for the district, city or town, make one nomination for each office mentioned in said section 1, therein to be filled at the election, by causing a certificate of nomination to be duly filed, as hereinafter provided. Every such certificate of nomination shall state such facts as are required for its accept- ance by this section and by section 14 of this chapter. SEC. 5. Any convention of delegates representing a political ^owtJbe 1 " 8 ' party which, at the election next preceding, polled at least two per centum of the entire vote cast in the city for which the nomination is made, he^d in any such city, and any caucus of such a political party, held in any such city, for the nomina- tion of general city officers, or school committee, or in any ward or voting-district, in such city, for the nomination of officers to be chosen by the voters of such ward or voting-district, may, for the city, ward, or voting-district for which the convention or caucus is held, as the case may be, by causing a certificate of nomination to be duly filed, make one such nomination for each office therein to be filled at . the election. Every such certificate of nomination shall state such facts as are required for its acceptance by this section and by section 14 of this chapter. SEC. 6. Any convention of delegates representing- a political Town officers, party which, at the election next 'preceding, polled at least two per centum of the entire vote cast in the town for which c MANUAL OF ELECTION LAWS. the nomination is made, held in any such town, and any caucus of such a political party, held in any such town, for the nomi- nation of the officers referred to in section 3 of this chapter, as the case may be, by causing a certificate of nomination to be duly filed, may make one such nomination for each office therein to be filled at the election. Every such certificate of nomina- tion shall state such facts as are required for its acceptance by this section and by section 14 of this chapter. [Section 1, Chapter 1059, Public Laws, provides: " Wherever the words 'political party' are used in sections 4, 5, and 6 of Chapter 11 of the General Laws, they shall be construed to mean a political party which at the next preceding annual election of state officers cast for its candidate for governor at least two per centum of all the votes cast in the state for that officer. "] NOMINATION OF CANDIDATES BY INDIVIDUAL VOTERS. General officers SEC. 7. Nominations of candidates for any offices to be may be norm- J elector? 50 filled by the voters of the state at large, or of a congressional district, may be made by nomination-papers signed in the tivesTn e con- aggregate for each candidate by not less than five hundred factors. 25( qualified voters of the state in the case of a state office, and two hundred and fifty in the case of a representative in congress. 5n S c?tTe b s ly b?Too SEC. 8. Nominations of candidates for. members of the general assembly in any city may be made by nomination- papers signed by one hundred qualified voters of such city. in S town 1 s yi by I 5o ^EC. ' Nominations of candidates for members of the general assembly in any town may be made by nomination- papers signed by fifty qualified voters of such town. SEC. 10. Nominations of candidates for any municipal offices to be filled by the voters of any city at large may be made by nomination-papers signed in the aggregate for each candidate by not less than one hundred qualified voters of such city. MANUAL OF ELECTION LAWS. SEC. 11. Nominations of candidates for any municipal offices to be filled by the voters of any town at large (not in- cluding cities) may be made by nomination-papers signed in the aggregate for each candidate by not less than fifty qualified voters of such town. SEC. 12. (As amended by Chapter 1059, Public Laws.) W |. r d d i 8 ? r n ictoffi- Nominations of candidates for offices to be filled by the voters and towns by 50 electors. of any ward or voting-district of any city or town may be made by nomination-papers signed in the aggregate for each can- didate by not less than fifty qualified voters of such ward or voting-district. SEC. 13. Each voter signing a nomination-paper shall add natS^papers 1 as to signers, to his signature his place of residence, and each voter may subscribe to one nomination for each office to be filled and no JSMSttciiof more. The nomination-papers shall, before being filed, be respectively submitted to the city or town clerks of cities or towns in which the signers purport to be qualified voters, and each city or town clerk to whom the same is submitted shall forthwith certify thereon what number of the signatures are names of qualified voters in the city or town for which he is clerk. CERTIFICATES OF NOMINATION AND NOMINATION-PAPERS. SEC. 14. Every certificate of nomination and every nomina- tion-paper shall, besides containing the names of candidates, specify as to each: (1) the office for which he was nominated; Candidates. (2) the party or political principle which he represents, ex- pressed in not more than three words: Provided, that in such expression the words "Republican" or "Democrat" shall not be combined with any other word or words; and (3) his place of residence with street and number thereon, if any. And in the case of electors of president and vice-president of the United States, the names of the candidates for president and vice- president may be added to the party or political appellation. 20 MANUAL OF ELECTION LAWS. SominaUon S to SEC. 15. Every certificate of nomination shall be signed cated. by the presiding officer, and by the secretary or clerk, of the caucus or convention by which the nominations, thereby cer- tified, were made, and each of said officers shall add thereto his place of residence; and the officers signing said certificate shall swear that the statements contained in the same are true to the best of their knowledge, information and belief, and a jurat of said oath shall be affixed to said certificate by the officer before whom said oath was made. noSinatkSs^ SEC. 16. (As amended by Chapter 812, section 1, Public and nomina- T . tion-papers, to Laws.) Certificates of nomination and nomination-papers for be filed when. officers referred to in section 1 of this chapter shall be filed at least twenty days, and such certificates and papers for officers referred to in sections 2 and 3 of this chapter shall be filed at least fifteen days, previous to the day of the election for which the candidates are nominated, and may be filed by any person lawfully in possession of the same for that purpose. may d wuhdraw, SEC - 17 - ( As amended by chapter 812, Public Laws.) Any how and when; but nomina- person whose name has been presented as a candidate for any tions published ?ema P in" S vaHd to office mentione d in section 1 of this chapter may cause his name to be withdrawn from nomination, by request in writing signed by him and acknowledged before any officer qualified to take acknowledgments of deeds, and filed with the secretary of state, at least eighteen days previous to the day of the election for which such candidate was nominated; and any person whose name has been presented as a candidate for any office referred to in sections 2 and 3 of this chapter may cause his name to be withdrawn from nomination, by request in writing signed and acknowledged as aforesaid, and filed with the city clerk or town clerk of the city or town, respectively, in which, or in any ward or voting-district of which, the election of can- didates for said last-mentioned office is to be held, at least thirteen days previous to the day of the election for which such candidate was nominated. No name so withdrawn shall be MANTJAL OF ELECTION LAWS. 21 printed upon the ballots; but no nomination which is actually published and posted as provided in this chapter shall be sub- sequently omitted as invalid. SEC. 18. Whenever any candidate shall have withdrawn as wSrawa^or herein provided, or whenever any candidate, duly nominated, dates, howTo l ~ be filled, and shall die, the vacancy may be supplied by the political party, ^hin what or other persons, making the nomination, by the nomination of another candidate in the same manner hereinbefore provided, or, if there is not sufficient time, in such manner as such party may have before provided by a vote of the convention or caucus thereof, or, if there has been no such vote, in such man- ner as the executive committee, or other general committee representing such party for the state, district, city or town, ward or voting-district, as the case may be, shall provide, said nomination to be filed in manner hereinbefore provided. SEC. 19. Certificates of nomination and nomination-papers, certificates of x i ' nominations, and requests for withdrawal of the name of any candidate, pajers^re- 11 and nominations in substitution of candidates so withdrawing, drawai,and certificates for relating to any of the offices mentioned in section 1 of this chapter, shall be filed with the secretary of state, or in his office with some person there present and officially representing' him; and certificates of nomination and nomination-papers, and requests for withdrawal of the name of any candidate, and nominations in substitution of candidates so withdrawing, relating to any of the offices referred to in sections 2 and 3 of this chapter, shall be filed with the city clerk or town clerk of the city or town, respectively, in which, or in any ward or voting-district of which, the election of candidates for said last-mentioned offices is to be held, or shall be filed in the office of such city clerk or town clerk with some person there present and officially representing him. SEC. 20. All certificates of nomination and nomination- papers, and all requests for withdrawal of the name of any candidate, and all nominations in substitution of candidates so 22 MANUAL OF ELECTION LAWS. Of voting in case of candi- date dying too late for new nomination. Ballots, how prepared, and what to con- tain. withdrawing, when filed, shall be open, under proper regula- tions, to public inspection, and the secretary of state, city clerks and town clerks, respectively, shall preserve the same in their respective offices not less than one year. SEC. 21. In case any candidate shall die before the election? but too late for a new nomination to be printed on the ballots , the voters may vote for any other person for the same office by substituting the name of such other person in the blank space on said ticket and placing a cross at the right of said name. SEC. 22. (As amended by Chapter 1229, Public L.aws.) Every ballot printed in accordance with the provisions of this chapter shall contain the names of all candidates whose nomi- nations for any offices specified in the ballot have been duly made and not withdrawn in accordance herewith, and shall contain no other names except the surnames of candidates for president and vice-president of the United States. The names of all such candidates and the offices for which they are nomi- nated shall be arranged on the ballot in perpendicular columns, one column being assigned to each political party making 'nominations by convention, caucus, or nomination-papers in accordance with the provisions of this chapter: Provided, however, that in case only a partial list of candidates is nomi- nated by any political party other than the republican or democratic party, two or more such lists may be arranged whenever practicable in the same column. The first column on the left-hand side of every ballot printed in accordance with the provisions of this chapter shall contain only the names of the nominees of the republican party; the second column only those of the democratic party; and the order of such other nominations as may be made shall be deter- mined by the official whose duty it is to prepare the ballots. At the top of each column or list, immediately above the title of the first office to be voted for, there shall be printed in capital MANUAL OF ELECTION LAWS. 23 letters not less than one-fourth of an inch in height the name of the political party by which the candidates in such column were nominated. In case a nomination is made by nomination- papers, the words "nom. papers" shall be added to the party name. Above such party name shall be printed a circle not less than seven-eighths of an inch in diameter, and such circle shall be surrounded by the following words printed in plain letters: 'Tor a straight ticket make a cross (X) within the circle.' 7 Above each circle shall be printed an emblem or device desig- nating or distinguishing the political party whose nominations have been assigned to that column. Such emblem or device of the republican party shall be the representation of an eagle, and such emblem or device of the democratic party shall be the representation of a star. The emblem or device desig- nating or distinguishing any other political party whose nomi- nations may now, or from time to time, be entitled to be placed upon the ballot shall be selected by the secretary of state and be printed upon the ballot above the column assigned to the nominations of such party: Provided, however, that the em- blem or device shall be entirely different for each political party, and may be any appropriate symbol; but neither the coat of arms or seal of any state or of the United States, the national flag, any religious emblem or symbol, the seal of any society, the portrait of any person, or the representation of a coin or of the currency of the United States, shall be chosen as a distinguishing emblem. Whenever any emblem or device has been selected by the secretary of state, and used upon official ballots for any political party, it shall not thereafter be so used for any other political party. In each column the names of the candidates, their residence together with the street and number if any, shall be placed im- mediately below the title of the office for which they are nomi- nated, and at the right of the name of each candidate and on 24 MANUAL OF ELECTION LAWS. the same line there shall be a square so printed as to give the voter an opportunity to designate by a cross (X) therein his choice of candidates; except that in case of candidates for electors of president and vice-president of the United States one square shall suffice for each group of such candidates. Above the last or right-hand column of each ballot there shall be no circle or device, but there shall be printed in such column in the regular order the title of each office to be voted for; as " For Governor, " " For Senator, " and the like, and beneath each title there shall be left as many blank lines as there are persons to be elected to such office. On ballots provided for elections mentioned in section 1 of this chapter the various offices to be voted for shall be arranged in each column in the following order: First, electors of president and vice-president of the United States; second, representative in the congress of the United States; third, governor; fourth, lieutenant-governor; fifth, secretary of state; sixth, attorney-general; seventh, general treasurer; eighth, senator in the general assembly; ninth, representative or representatives in the general assembly. On ballots pro- vided for elections mentioned in sections 2 and 3 of this chapter the offices to be voted for shall be arranged in each column by the city or town clerk. Whenever a constitutional amendment or other question is submitted to the vote of the electors of the state such amend- ment or question shall, if candidates for office are to be voted for at the same time, be printed upon the ballot after or beneath the lists of candidates, and the same arrangement shall be followed on ballots used in elections for officers named in sec- tions 2 and 3 of this chapter, whenever a question is submitted to the electors of a city or town at such elections. The ballots shall be so printed as to give to each voter an opportunity to designate by a cross-mark (X) in a square his answer to the question submitted. MANUAL OF ELECTION LAWS. 25 All ballots provided by the secretary of state under the pro- visions of this chapter shall be printed on plain white paper of a quality approved by him, and there shall be no mark or im- pression to distinguish one ballot from another. The names of all candidates shall be printed thereon in uniform type. SEC. 23. Before distribution the ballots shall be folded so f f^^ d b | n . that no printing shall appear except the endorsement, which d shall be printed on the back and outside, OFFICIAL BALLOT FOR, followed by the designation of the polling-place for which the ballot is prepared, the date of the election, and a fac-simile of the signature of the secretary of state, city clerk or town clerk, respectively, who has caused the ballots to be so printed and folded. SEC. 24. All nominations for offices to be voted for in ac- cordance with the provisions of this chapter, at any election toe used by registry and mentioned in sections 2 and 3 thereof, by any one elector, shall by property voters, how be printed on one ballot which shall have printed on the back distinguished. and outside the words CITY OFFICERS, or TOWN OFFICERS, as the case may be: Provided, that special ballots, containing the nominations for members of the city council, in addition to the nominations for offices which can be voted for by voters quali- fied to vote by registry at any election mentioned in section 2 of this chapter, shall be printed for the use of such electors only as are qualified to vote for members of the city council. Said special ballots shall be printed on paper of a different color from that of the other official ballots or the specimen- ballots, and shall have printed on the back and outside the additional word COUNCIL, and shall be given by the supervis- ors to such electors only as are qualified to vote for members of the city council. SEC. 25. All ballots when printed shall be folded as here- p^p^pack- inbefore provided and put up in packages of one hundred each. tfch, andac- A record of the number of ballots printed and furnished to each polling-place shall be kept and preserved by the secretary of 26 MANUAL OF ELECTION LAWS. Ballots, num- ber of to be furnished. Instruction- sheets and pared for the guidance of voters. state, or the city or town clerk, respectively, furnishing the same. SEC. 26. (As amended by Chapter 1229, Public Laws.) There shall be provided for each voting-place at which an election is to be held not less than sixty ballots for every fifty and every fraction of fifty qualified voters therein; and it shall be the duty of the city or town clerk in each city or town in which an election for any of the officers mentioned in the first section of this chapter is to be held to certify to the secretary of state, fourteen days previous to any such election, the num- ber, as near as possible, of voters then qualified to vote at each voting-place of such city or town. It shall be the duty of the secretary of state to provide said ballots for any election men- tioned in section 1 of this chapter; and it shall be the duty of the city clerk and town clerk of the several cities and towns to provide said ballots for any election mentioned in section 2 and section 3 of this chapter, respectively. INFORMATION TO VOTERS. SEC. 27. For any election mentioned in section 1 of this chapter, the secretary of state, and for any election mentioned in section 2 and section 3 of this chapter, respectively, the respective city clerk and town clerk of the several cities and towns, shall prepare full instructions for the guidance of voters at such elections, as to obtaining ballots, as to the manner of marking them, and the method of gaining assistance, and as to obtaining new ballots in place of those accidentally spoiled, and he shall cause the same to be printed in large, clear type, on separate sheets, to be called INSTRUCTION-SHEETS; he shall also cause to be printed, in the same manner, sections 43, 44, 45, and 46 of this chapter, which he shall furnish with the bal- lots for use in each such election. He shall also cause to be printed on paper of a different color from that of the official ballots, and without the fac-simile endorsements, ten or more MANUAL OF ELECTION LAWS. 27 copies of the form of the ballot provided for each voting-place at each election therein, which shall be called SPECIMEN- BALLOTS and shall be furnished with the other ballots provided for such voting-place. SEC. 28. The secretary of state shall, four days at least ... , ~ national or previous to the day of any election of national or state officers, state elections, substantially in transmit to the city and town clerks in each city and town in traSsnStl which such election is to be held, printed lists containing the ii c XX?bJ names, residences, and party or political appellations, of all state. candidates nominated as herein provided for such election and to be voted for at each polling-place in each such city and town respectively, substantially in the form of the ballot to be so used therein; and in case of any election of city, town, ward, or voting-district officers, the city clerk or town clerk shall, four days at least previous to the day of such election, prepare printed lists containing the names, residences, and party or . . stantially in political appellations, of all candidates nominated as herein provided for such elections, and to be voted for at each polling- {&Jr yortown place in such city, town, ward, or voting-district, as the case may be, substantially in the form of the ballot to be used therein. And the city or town clerk shall, immediately after the reception or preparation, respectively, of the lists men- election - tioned in this section, cause the list for each city, town, ward, or voting-district, as the case may be, for such election, to be con- spicuously posted in not less than five public places in such city, town, ward and voting-district. SEC. 29. (As amended by Chapter 1229, Public Laws.) The secretary of state shall send the ballots -provided by him State. 1 ** for any election, together with the specimen-ballots and in- struction-sheets printed by him as herein provided, to the several city and town clerks, so as to be received by them forty- eight hours at least previous to the day of election. The same shall be sent in a sealed package, with marks on the outside clearly designating the polling-place for which the package is 28 MANUAL OF ELECTION LAWS. Ballots, de- livery of, by city and town clerks. Of loss, theft, or destruction of ballots. intended and the number of ballots enclosed; and the respective city and town clerks shall, on delivery to them of such package, return receipt therefor to the secretary. The secretary shall keep a record of the time when, and the manner in which, the package is sent, and shall preserve for the period of one year the receipt of the city and town clerks. SEC. 30. (As amended by Chapter 1229, Public Laws.) The city clerk and town clerk of the respective cities and towns shall send to the warden or moderator of each voting-place, before the opening of the polls on the day of election, the ballots so prepared, sealed, and marked for such voting-place, by the secretary of state for any election mentioned in section 1 of this chapter, or prepared, sealed, and marked for such voting- place by himself as such clerk in like manner for any election mentioned in section 2 and section 3 of this chapter, respect- ively, and a receipt of such delivery shall be returned to him from the warden or moderator present, which receipt, with a record of the number of ballots sent, shall be kept in the clerk's office. At the opening of the polls in each voting-place the seals of the package shall be publicly broken, and the package shall be opened by the warden or moderator, and the ballots shall be delivered to the supervisors of election provided by law. The instruction-sheets shall be immediately posted at or in each voting-shelf or compartment provided in accordance with this chapter for the marking of ballots, and not less than three such sheets and not less than five specimen-ballots shall be immediately posted in or about the polling-room, outside the guard rails. SEC. 31. In case the ballots to be furnished to any city or town or voting-place therein, in accordance with the provis- ions of this chapter, shall fail for any reason to be duly de- livered, or in case, after delivery, they shall be destroyed or stolen or lost, it shall be the duty of the clerk of such city or town to procure and deliver to the warden or moderator re- MANUAL OF ELECTION LAWS. 29 quiring the same, other ballots substantially in the form of the ballots so wanting; and upon receipt of such other ballots from him, accompanied by a statement under oath that the same have been so prepared and furnished by him, and that the original ballots have so failed to be received or have been so destroyed or stolen or lost, the warden or moderator shall cause the ballots so substituted to be used in lieu of the ballots wanting, as above. SUPERVISORS OF ELECTION. SEC. 32. At least ten days before any election as aforesaid Boards of aldermen, and the boards of aldermen of cities shall appoint six, and the g^pSgfJ^ town councils of towns shall appoint four and may appoint six, elections, supervisors of election for each ward, town, or voting-district wherein an election is to be held, in their resepctive cities and towns, who shall be republicans and democrats in equal num- bers, to be selected from a list of not less than six electors presented to said board of aldermen of the city, or town council of the town, by the city, town, ward or voting-district com- mittee of the republican and democratic parties, respectively > the republican supervisors to be selected from the republican list and the democratic supervisors from the democratic list) or, in"case any such committee shall fail to submit such list within the required time, from electors of the same political party as the committee so failing to submit such list. Every person appointed a supervisor of election shall, within forty ^c^^oTde 10 eight hours thereafter, be notified in writing by the city or town ?^ e iu writ ' clerk, respectively, of such appointment; and the person so appointed shall, in writing and within forty-eight hours after receiving such notice, notify said clerk from whom such notice was received of his acceptance or declination of the appoint- ment. In case no notice shall be received by said clerk from a person appointed as aforesaid within the time specified, it shall be deemed that the person so appointed has declined to 30 MANUAL OF ELECTION LAWS. ?isors f super " serve. It shall be the duty of said supervisors of election to be present at the opening and at the closing of the polls at said election in the ward, town, or voting-district for which they shall be respectively appointed, and during the time the same shall be kept open, and they shall personally supervise the opening of the ballot-boxes, and the sorting, counting, certify- ing, sealing up and returning, of the ballots cast in said ward, town or voting-district; and they shall make returns, by joint or separate report, in national, state, and city elections, to the returning-board or boards to whom said ballots are by law required to be returned, and in town elections to the town councils, setting forth that they have performed the several duties herein required of them, and may make a statement .of such other facts relating to the premises as they may deem proper to bring to the attention of said returning-board and TO be sworn, town council, respectively. Each of said supervisors of election shall be sworn to the faithful discharge of said duties, and shall receive such compensation for his services as may be from time to time fixed by the board of aldermen and town council, vacancies,how respectively. Any vacancy existing among said supervisors filled. of election, whether by declination or refusal to serve or by failure from any cause to appear at, or to remain during, the time when they are required to perform their said duties, shall be immediately filled by the mayor of the city, or president of the town council, respectively, from the lists before mentioned, by the substitution of a person of the same political party as was the supervisor first appointed. But nothing in this sec- tion contained shall be so construed as to relieve the warden and ward clerks or moderators and clerks or district clerks from any of the duties or liabilities by law required or imposed upon them as such officers. (Chapter 343, Public Laws, pro- vides that four supervisors shall be appointed for each ward in the city of Central Falls.) MANUAL OF ELECTION LAWS. 31 SEC. 33. The supervisors appointed in each ward, voting- district, and town, shall have the charge of the ballots therein, ballots - received from the city and town clerks as hereinbefore pro- vided, and shall receipt for the same to the warden or modera- tor, respectively, and shall furnish them to the voters in the manner hereinafter set forth. A duplicate list of the qualified voters in each ward, town or voting-district shall be prepared for the use of the supervisors, and all the provisions of law relative to the preparation and furnishing of voting-lists shall apply to such duplicate lists. Two of said supervisors, one a democrat and the other a republican, shall be detailed by the moderator to act as ballot clerks. The two supervisors de- tailed as above shall have immediate charge of the duplicate list and the ballots, and shall furnish them to the voters in the manner hereinafter set forth. SEC. 34. Whenever any of the elections provided for by* One . set f su : J pervisors to act sections 2 or 3 of this chapter shall occur on the same day as o n n 8ami e da$ ns an election for national or state officers, in any city or town, the supervisors appointed hereunder shall be the supervisors for all of such elections. SEC. 35. No supervisor appointed under the provisions of nSt to V becan- this chapter, who shall consent to serve, shall be a candidate dldates - for any office to be filled at such election. VOTING-SHELVES OR COMPARTMENTS. SEC. 36. The city and town councils in each city and town voting-places to be equipped shall cause each voting-place therein to be suitably provided { hat man ' with a sufficient number of voting-shelves or compartments, not less than one for each one hundred voters and in no case less than three, at or in which voters may conveniently mark their ballots, so that in the marking thereof they may be screened from the observation of others; and a guard-rail with only one place for entrance and another place for exit shall be so constructed and placed that only such persons as 32 MANUAL OF ELECTION LAWS. are inside said rail can approach within ten feet of the ballot- boxes, and of such voting-shelves or compartments. The ar- rangements shall be such that neither the ballot-boxes nor the voting-shelves or compartments shall be hidden from view of those just outside the said guard-rail. No person other than the warden or moderator, as the case may be, clerks, super- visors and voters admitted as hereinafter provided, shall be permitted within said rail except by authority of the said warden or moderator for the purpose of keeping order and enforcing the law. Each voting-shelf or compartment shall be kept provided, by the city, town, ward and district clerks, with proper pencils for marking the ballots, which pencils shall be by the supervisors kept in condition for use; but all pencils furnished for said purpose in any election shall, in each voting-district, be such as will mark a uniform color, and in marking his ballot no voter shall use a pencil marking a dif- ferent color. MANNER OF VOTING. obtained from ^EC. ^7. ^ n ^ P erson desiring to vote shall give his name and if requested so to do, his residence, to one of the super- visors, who shall thereupon announce the same in a loud and distinct tone of voice, clear and audible, and if such name -is found upon the voting-list the supervisor in charge of the voting-list shall repeat the said name in the same manner, and the voter shall be allowed to enter the space enclosed by the guard-rail as above provided. The supervisor shall give him one, and only one, ballot of each kind that he is entitled to vote, and his name shall be immediately checked on the supervisor's list. Besides the election-officers, not more than four voters in excess of the number of voting-shelves or com- partments provided shall be allowed in said enclosed space at one time. No supervisor shall put any mark upon any ballot, except as provided in section 40 of this chapter. No super- MANUAL OF ELECTION LAWS. 33 visor, except as provided in section 40 of this chapter, and no other person, when within said enclosed space, shall wit- ness, or attempt to witness, the marking by any voter of his ballot. SEC. 38. (As amended by Chapter 1229, Public Laws.) On receipt of his ballot from the proper election officer, the voter shall forthwith, and without leaving the enclosed space, retire alone to one of the voting-shelves or compartments so provided, and shall prepare his ballot as follows: If he desires to vote for all the candidates of one political p'arty he shall place a cross (X) within the circle above the name or designa- tion of that party. In case he desires to vote for a candidate whose name is not printed under the circle in which he has marked, he shall cancel the name of the candidate in such column for whom he refuses to vote by drawing a line through such name, and shall vote for the candidate of his choice by marking a cross (X) in the square opposite the name of the candidate of his choice, or by writing in the right-hand column prepared for that purpose, under the proper title of the office, the name of the person for whom he desires to vote. In such case the vote shall be counted for the candidate against whose name a cross has been so marked, or whose name has been so inserted in the right-hand column, and such ballot shall not be counted for the candidate for the same office whose name is cancelled. When a voter has placed a cross (X) in any one circle, and has not made any mark in any other circle, such cross (X) shall be counted as a vote for each of the candi- dates in the column above which it is placed, except for those candidates whose names have been cancelled. A cross in the square opposite the names of candidates for electors of president and vice-president shall be counted as a vote for each. The voter may omit to mark in any circle, and may vote for the candidates of his choice by making a cross (X) in the square opposite their names, or he may insert the 5 34 MANUAL OF ELECTION LAWS. names of persons for whom he desires to vote, in the blank or right-hand column, under the proper title of office, and such votes shall be counted. If a voter desires to vote upon a question submitted to the vote of the electors of the state or of any city or town, he shall mark in the appropriate square a cross (X) against the answer which he desires to give in addition to the cross made in any circle or square at the right of any candidate's name. Where a voter makes a cross (X) within the circle at the top of any column and also cancels a name in the column under such marked circle, but does not mark a cross (X) within the voting-square at the right of any name of a candidate for the same office in any other column, and fails to write in a name in the right-hand column in the space pro- vided for a name to be written in for such office, said ballot shall be considered blank for such office. Before leaving the voting-shelf or compartment, the voter shall fold his ballot, without displaying the marks thereon, in the same way it was folded when received by him, and he shall keep the same so folded until he has voted. He shall vote in the manner provided by law before leaving the enclosed space, and shall deposit in the ballot-box his ballot with the official endorsement so that it may be seen by the warden or modera- tor, and the clerk shall check his name on the voting-list. He shall mark and deposit his ballot without undue delay, and shall quit said enclosed space as soon as he has voted. Not more than one person shall be permitted to occupy any voting-shelf or compartment at the same time, and no person shall remain in, or occupy, a voting-shelf or compartment longer than may be necessary to prepare his ballot, and in no case longer than five minutes. No voter, not an election officer, whose name has been checked on the list of the supervisors shall be allowed to re-enter said enclosed space during said election. It shall be the duty of the warden or moderator to secure the observ- ance of the provisions of this section. MANUAL OF ELECTION LAWS. 35 SEC. 39. Every person who does not vote a ballot delivered ?otedto n be re- to him by a supervisor of election shall, before leaving the en- supervisor. closed space, return such ballot to the supervisor, and no person shall take or remove any ballot from the polling-place before the close of the polls. It shall be the duty of the warden or moderator, and of the supervisor or officer having charge of the exit, to prevent any voter from leaving the enclosed space until such voter has deposited his ballot or ballots, or has re- turned his unused ballot or ballots, as herein provided. If any voter inadvertently spoils a ballot, he may obtain another upon returning the spoiled one and satisfying the officer of the fact of the inadvertence. The ballots thus returned shall be immediately cancelled, and, together with those not distributed to the voters, shall be preserved and, with the voting-list used by the supervisors, which shall be certified by them to be such, shall be securely wrapped, sealed, and delivered to the several city and town clerks by the supervisors. SEC. 40. Any voter who declares to the warden or moder- Snfarkh^bai- ator that he cannot read the ballot, or that by blindness or s ?stSi ayb( other physical disability he is unable to mark his ballot, shall, at the request of the warden or moderator, receive the assist- ance of two of the supervisors, one a democrat and the other a republican, in the marking thereof, and such supervisors shall thereafter give no information regarding the same. The warden or moderator may, in his discretion, require such dec- laration of disability to be made by the voter under oath before him, and he is hereby authorized and qualified to administer the same. SEC. 41. (As amended by Chapter 1229, Public Laws.) If for any reason it is impossible to determine the voter's choice when * for any office to be filled, his ballot shall not be counted for such office, but it shall be counted for all offices properly marked. No ballot shall be rejected for any technical error which does not make it impossible to determine the voter's choice, but no 36 MANUAL OF ELECTION LAWS. voter shall place any mark upon his ballot by which it may be afterwards identified as the one voted by him. One line crossing another at any angle within the circle or any voting- square, or at the right of any name, shall be deemed a valid voting-mark. To cancel a name within the meaning of this chapter the voter shall draw a pencil mark through the full name. A cross (X) marked in a voting-square at the right of . any name in a column above which the circle is marked shall be treated as surplusage, and the ballot shall not be deemed invalidated. No ballot without the official endorsement shall, except as herein otherwise provided, be allowed to be deposited in the ballot-box, and none but ballots provided in accordance with the provisions of this chapter shall be counted. Ballots not counted shall be marked "Defective" on the back thereof and shall be preserved and returned with the other ballots: Provided, that in case no ballots are provided at any voting- place in accordance with the foregoing provisions of this chap- ter, or in case no such ballots are at the polls and ready for the use of voters, the voters at such voting-place may use any ballot and provide themselves therewith. Polls to be kept in p town^iec" g SEC - 42 - In a11 towns having less than five hundred elec- towns. nc< * tors, the polls shall be kept open for at least three hours; and in towns having more than five hundred electors, the polls No other busi- transaoted sna ^ ^ e ^ e P^ P en f r at least five hours; and no other business shall be transacted while the polls are open. This section This section applies to town applies only to elections mentioned in section 3 of this chapter. elections only. PENALTIES. Penalty for SEC. 43. A voter who shall, except as herein otherwise violations of this chapter provided, allow his ballot to be seen by any person with an with regard to r the%?not n f apparent intention of letting it be known how he is about to vote, or who shall make any mark upon his ballot by which the same may be identified as the one voted by him, or who shall MANUAL OF ELECTION LAWS. 37 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 marks or has marked his ballot, shall be punished by a fine of not less than five nor more than one hundred dollars; and election-officers shall report any person r ^g"2uted be so doing to any police officer on duty at the polls, whose duty it shall be to see that the offender is duly brought before the proper court. SEC. 44. Any person who shall be found in possession of Penalty for vilations of any official ballot previous to or during an election, except as provided in this chapter, or who shall, previous to an election, generally. 011 willfully deface or destroy any list of candidates posted in ac- cordance with the provisions of this chapter, or who, not having voted a ballot delivered -to him by a supervisor of election, shall neglect or refuse to return such ballot to the supervisor before leaving said enclosed space, or who takes or removes, or attempts to take or remove, any ballot from the polling-place before the closing of the polls, or who, during an election, shall willfully deface, tear down, remove, destroy, or mark, any in- struction-sheet or specimen-ballot printed or posted for the instruction of voters, or who shall, during an election, 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 by a fine of not less than fifty nor more than two hundred dollars, or by imprisonment for not more than three months, or by both such fine and im- prisonment. SEC. 45. (As amended by Chapter 1229, Public Laws.) Penalty for ' fraudulent in- Any person who shall falsely make, or willfully deface or de- e?ectS cewith stroy, any certificate of nomination or nomination-paper, or etT* 8 ' ballotSl any part thereof, or any letter of withdrawal, or file any cer- tificate of nomination or nomination-paper or letter of with- 38 MANUAL OF ELECTION LAWS. drawal, knowing the same or any part thereof to be falsely made, or suppress any certificate of nomination or nomination- paper or letter of withdrawal, or any part thereof, which has been duly filed, or forge or falsely make the official endorse- ment on any ballot, or willfully destroy or deface any ballot, or willfully delay the delivery of any ballots, and any person or persons who shall print, stamp, or affix, or cause to be printed, stamped, or affixed, upon any letter head, circular, or pamphlet used for political purposes, or upon political literature of any nature, a representation of the chosen em- blem or device of any political party in this state without the consent in writing first had and obtained of the chairman of the state central committee of the political party whose chosen emblem or device is sought to be used for such purposes, shall be punished by a fine not exceeding one thousand dollars or by imprisonment for not more than one year, or by both such fine and imprisonment. Penalty for the SEC. 46. Any public officer upon whom a duty is imposed non-perform- dSt| f fficial ty tnis cna Pter, who shall willfully neglect to perform such duty, or who shall perform it in such a way as to hinder the objects of this chapter, shall be punished by a fine of not less than fifty nor more than one thousand dollars, or by imprison- ment for not more than one year, or by both such fine and imprisonment. secretary of SEC. 47. (As amended by Chapter 1229, Public Laws.) state to furnish ondafy Sec 860 " ^ ne P rov i s i ns f th* chapter shall apply in case of an adjourned cesm f ent?on~ed or second or other subsequent election in any city or town, for any officer whose election is provided for in and by this chapter. In the case of such elections for officers mentioned in section 1 of this chapter it shall be the duty of the secretary of state to procure and furnish ballots in the form of the ballots provided for in this chapter, with the names of the candidates to be voted for arranged thereon according to the provisions of this chapter. In the case of such elections for officers mentioned in sections MANUAL OF ELECTION LAWS. 39 2 and 3 of this chapter it shall be the duty of the clerk of such city or town to procure and furnish such ballots. SEC. 48. The ballots when printed for such adjourned or f^coSdVry'eiec- . , , . . , . , tions to be subsequent election shall be folded as is provided in this chap- folded, and put up in pack- ter, and shall be put up in packages of one hundred each. A a ^ es - record of the number of ballots printed and furnished to each voting-place shall be kept and preserved by such city or town clerk. SEC. 49. (As amended by Chapter. 1229, Public Laws.) There shall be provided for each voting-place, at which an vided - election is to be held, not less than sixty ballots for every fifty and every fraction of fifty qualified voters therein. SEC, 50. The same supervisors of election who acted at the first election shall act at such second or adjourned or other Jecondary C eiec- subsequent election, and shall have and exercise the same powers and duties at such second or adjourned or other sub- sequent election as are prescribed in this chapter for them to have and exercise at said first election; and upon the receipt of such ballots the warden or moderator shall cause said ballots to be used at such election, and the supervisors shall perform the same duties as in the first election. ACCEPTANCE BY TOWNS FOR TOWN ELECTIONS. SEC. 51. The provisions of this chapter shall also apply This chapter to all elections bv the people hereafter held in the towns of elections in what towns. Cumberland and East Providence, and in every town which has accepted and adopted the provisions of Chapter 920 of the Public Laws, passed at the January session in the year 1891. SEC. 52. (As amended by Chapter 808, section 11, Public Towns may vote to adopt Laws.) If at least one-tenth in number of the qualified electors f e t h[sch S ap?er in any town, not including cities, shall, twenty days previous tions? WI to any general election of state officers on the Tuesday next after the first Monday in November of any year, file with the 40 MANUAL OF ELECTION LAWS. town clerk of such town a petition that 'the electors may, at such general election, cast their ballots for or against accepting the provisions of this chapter so far as the same apply to the elections mentioned in section 3 of this chapter, such town clerk shall give notice of the same in his warrant calling the town or district meetings, and shall at least eighteen days previous to the day of such election file with the secretary of state a cer- tificate that the question "Shall the town accept the secret ballot law for towns?'' is to be submitted to the vote of the electors in said town. If a majority of the ballots so cast shall be in favor of accepting the provisions of this chapter so far as the same apply as aforesaid, then the said provisions of this chapter shall be in effect in such town; but if a majority of the ballots so cast shall be against accepting the provisions of this chapter, then the said provisions of this chapter shall not take effect in said town. CHAPTER 14, GENERAL LAWS. General Provisions Concerning Elections. voters are ex- SECTION 1. All persons entitled to vote shall be protected empted from arrest, when, from arrest in civil cases, on the days of election for city or town officers, and for state officers, representatives in congress, and electors of president and vice-president of the United States; and on the day preceding and day following such election. Penalty for at- SEC. 2. Every person who, in any election, shall fraudu- tempting to fra t udui r enu ting ^ en ^y vote or attempt to vote, not being qualified, notwith- standing his name may be on the voting-list at the polling- place where he shall so vote or attempt to vote; or who shall fraudulently vote upon the name of any other person, or, having voted in one town, ward, or voting-district, shall vote MANUAL OF ELECTION LAWS. or attempt to vote in the same or in another town, ward, or voting-district; or who shall fraudulently vote or attempt to vote in a town, ward, or voting-district other than in the town, ward, or voting-district wherein he has his residence and home at the time of his voting or attempting to vote, shall be pun- ished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment not less than sixty days nor more than one year, or by both such fine and imprisonment in the discretion of the court; "and no person after conviction of such offence shall thereafter be permitted to exercise the privilege of voting for any military or civil officer. SEC. 3. Every person who shall, directly or indirectly, give, or offer, or agree to give, to any elector, or to any person for voters* 1111 the benefit of any elector, any sum of money or other valuable consideration, for the purpose of inducing such elector to give in or withhold his vote at any election in the state, or by way of reward for having voted or withheld his vote, or who shall use any threat, or employ any means of intimidation, for the purpose of influencing such elector to vote or withhold his vote, for or against any candidate or candidates or proposition pending at such election, shall be fined five hundred dollars, or be imprisoned not exceeding three months, either or both, at the discretion of the court; and no person convicted of such offence shall ever thereafter be permitted to exercise the privi- lege of voting for any civil or military officer, or upon any proposition pending before the people; and no evidence given by any witness testifying upon the trial of any charge of bribery shall be used against the person giving such evidence. SEC. 4. All prosecutions for offences against the provisions L J 8 ecS?ons- of this chapter shall be commenced within one year after the how P pai3 ant same shall have been committed, and not afterwards. And upon the presentation of a certificate of the clerk of any court of the final conviction in such court of any person under the 6 41 4:2 MANUAL OF ELECTION LAWS. provisions of this chapter, the state auditor is hereby author- ized and directed to draw his order on the general treasurer for the sum of fifty dollars, and deliver the same to the person complainant in such prosecution. vffi U may di " SEC. 5. Whenever any person upon whom is imposed any mandamus? f duty connected with the calling, warning, or conducting of any town, ward, or district meeting or with the canvassing of the lists of voters for use at such meetings, or with the counting of the votes cast at the same, or the declaring of the result of such votes, shall fail, neglect, or refuse to perform such duty within the time specified by law for the performance of the same, the supreme court shall forthwith, upon the petition of any citizen of the city or town where such failure, neglect, or refusal occurred, issue its writ of man- damus ordering the person so failing, neglecting or refusing, to perform the duties in question within twenty-four hours from the time of the issuance of said writ; and if such failure, neglect, or refusal shall continue beyond the twenty-four hours specified in said writ, said court shall immediately appoint some suitable person to at once perform said duties, and the Penalty for person so refusing to obey said writ of mandamus shall, in neglect to obey * addition to the penalties prescribed by law for such failure, neglect, or refusal to perform his said duties, be liable to, such further penalties for contempt of court as said court may impose for failure to obey said writ, power to act SEC. 6. The person appointed by said court, as aforesaid, of person ap- court ed by the sna M proceed immediately to perform the duties devolved upon him by said court, and the acts done by him in pursuance of such appointment shall be as effectual and valid in all respects as if the same had been done and performed by the person so failing, neglecting or refusing, at the time and in the manner provided by law. SEC. 7. The person so appointed by said court, as afore- said, shall be deemed to be an officer of said court and shall MANUAL OF ELECTION LAWS. 43 have full and free access to all records and papers necessary an officer of ed to enable him to perform the duties devolved upon him by ait e y C forWn^er- ing his action. said court, and any person interfering with or in any way hindering his discharge of said duties shall be liable to such penalties as may be prescribed by said court for contempt, and it shall be the duty of the sheriffs of the several counties and their deputies to see that the provisions of this chapter are enforced within their respective counties. LIST OF VOTERS, BY WHOM FURNISHED. By the provisions of Chapter 8 of the General Laws, corrected and certified lists of voters are to be furnished by town clerks to the moderators of town meetings in their respective towns. Section 13 of said chapter provides that " the town clerk of every town divided into districts for the purpose of voting shall send to the moderator of each of said districts a certified copy of the list for his district, before the time fixed for opening the district meetings for any elec- tion as aforesaid; and the city clerks of the several cities shall, from the list of voters so corrected-, send separate lists of the voters of each ward and voting-district in said cities (which lists in the city of Newport shall be certified by the city clerk) to the clerks of the respective wards and voting-districts before the time fixed for the opening of the ward meetings. " In the city of Providence, by subsequent provisions of this chapter, the voting-lists are to be supplied by the board of canvassers and registration. CITY OF PROVIDENCE, APPOINTMENT OF WAEDENS, CLERKS, AND SUPERVISORS. In the city of Providence the board of canvassers and registration now performs many of the duties in connection with elections that in other places are required of city or town clerks, and aldermen or town councilmen. All ballots cast in the city of Providence MANUAL OF ELECTION LAWS. 45 for city officers, are to be returned by the district clerks to the board of canvassers and registration. By the provisions of Chapter 798, Public Laws, passed at the May session, 1900, the board of canvassers and registration now appoints the wardens, clerks, and supervisors for the city of Providence. Section 4 of said Chapter 798 provides as follows: " SEC. 4 At least ten days prior to every election there shall be appointed by the board of canvassers and registration of said city a warden and clerk for each voting-district who shall be of different political parties, and four supervisors of election for each voting-district from lists to be submitted to said board in manner as now provided by law to be submitted to the board of aldermen of said city, and who shall severally be qualified electors in the voting- districts in which they shall be appointed to serve, and who shall severally be able to read the constitution of the state in the English language and to write their names. Said wardens, clerks, and super- visors shall have all the powers and be subject to all the liabilities and discharge all the duties conferred and imposed by law upon wardens, clerks, and supervisors of election respectively: Provided, that at every election the ballot-boxes shall be opened and the ballots therein sorted, counted, sealed up, and returned by said wardens and clerks only, under the personal supervision and scrutiny of said supervisors of election, but no supervisors of election shall at any time after the close of the polls handle any official ballot duly voted and contained in the ballot-box in any such polling-place. Said wardens, clerks, and supervisors shall severally receive from said city the sum of ten dollars for every election, and any vacancy occurring among said wardens, clerks, or supervisors of election, whether by resignation or refusal to serve, or by failure from any cause to appear at such polling-place or to remain thereat during the time when they are required by law to perform their said duties, shall be immediately filled by said board or by the presiding officer thereof if said board be not then in session. " 46 MANUAL OF ELECTION LAWS. CITY OF PAWTUCKET. In relation to elections held in the city of Pawtucket, section 5 of Chapter 1018, Public Laws, provides "that at every election the ballot-boxes shall be opened and the ballots therein sorted, counted, sealed up, and returned by said wardens and clerks only, under the personal supervision and scrutiny of said supervisors of election, but no supervisors of election shall at any time after the close of the polls handle any official ballot duly voted and contained in the ballot-box in any such polling-place. " INDEX. PAGE. Absence of moderator, warden or clerk, who to officiate in 5 Abstraction of ballot from ballot-box, penalty for 7 Adjourned elections, when to be held 11, 38 Aldermen and councilmen to count certain votes 12 Appointment of supervisors 29, 30, 45 Assistance to voters by supervisors 35 Ballots, moderator or warden to receive or reject 6 " how to be deposited in box 7, 34 " how counted at close of polls 7, 45, 46 " how to be sealed up and endorsed after counting 8-10 " for different classes of officers, to be sealed in one package 9 " what to be sent to the state returning-board 10 " what to be delivered to the city or town clerk 11 " for town and city officers, by whom to be counted 12 " who may be present at counting of 12 " penalty for neglect to count, seal up, etc 14, 15 " packages of, not to be opened except by whom 13 " how furnished, under secret ballot law 16 " form of, under secret ballot law 22-25 " how to be folded when distributed 25 " to be provided in packages of one hundred 25 " number to be provided for each voting-place 26 " specimen and instruction sheets to be furnished 26-29 " for state elections to be provided by secretary of state 26, 27 " for city and town elections, by whom provided 26, 28 r " to be delivered to moderator or warden 28 " to be delivered to supervisor by moderator or warden 28 " loss, theft or destruction of, how election to proceed 28 " to be in charge of supervisor during elections 31 " to be given voter by supervisor 32 " pencils for marking 32 48 MANUAL OF ELECTION LAWS. PAGE. Ballots, how to be marked 33, 34 " no mark of personal identification to be made thereon 36 " spoiled, to be returned to supervisor 35 " voters may be assisted to mark 35 " defective, not to be counted 35 " spoiled, cancelled, and not distributed, to be returned by the super- visor to the town or city clerk 35 " what kind may be used if official ballots are not provided 36 " for adjourned elections 38 " word "ballots" construed to mean tally-sheets or records made by voting-machines 14 Ballot-boxes, to be provided by town or city clerks 6 form of, and how used 6 " to be kept closed and locked during election 6 " to be in charge of moderator or warden 6 Ballot-clerks to be appointed from supervisors by moderators 31 Board of canvassers and registration to count certain votes 12 " to appoint wardens, clerks, and super- visors. . : 45 " " " " " to furnish list of voters 44 See City of Providence 44 Candidates, how to be nominated in convention or caucus 17, 18 " how to be nominated by individual voters 18, 19 may withdraw, how and when 20 " list of, to be posted prior to election 27 " names of, how to be arranged on ballot 22 Canvassers and registration , what ballots to be delivered to board of 11 " " board of, to count certain votes 12 " " to appoint wardens, clerks, and super- visors 45 " " " " to furnish list of voters 44 See City of Providence 44 Certificate to be enclosed in ballot packages 10 Certificate of election to be furnished persons elected to town and city offices 12 " penalty for neglect or refusal to furnish 14 Certificates of nomination, when and how to be filed 19-22 Clerks of cities or towns to provide ballot-boxes 6 INDEX. 49 PAGE. Clerks of cities or towns to furnish certain supplies 13, 27 " " " " " to provide ballots for city and town elections 26,28 " " " " " to keep record of ballots furnished 25 " " " " " to deliver ballots to moderator or warden 28 " " " " " to give certificate of election to certain officers. ... 12 " " " " " to furnish list of voters 43 " " " " " penalty for neglect of duty by 14, 15, 38 See City of Providence 44 Clerks of elective meetings, who to act in absence of 5 " " " " pro tempore, how elected 5 " " " how appointed in Providence 44 " " " to check the name of voter 7, 34 " " " " to count ballots 7, 45, 46 to keep record books of elective meeting 7 to seal up ballots after counting 8, 45, 46 " " " " to affix their signature to package of ballots.. . . 8 to endorse package of ballots 9 " " " to sign certificate to be enclosed with ballots ... 10 to deliver certain ballots to the city or town clerk 11 to deliver certain ballots to the state returning- board 10 " " " to deliver certain ballots to the board of can- vassers and registration 11 may appoint someone to deliver ballots 14 " " " word "clerks" construed to mean ward district clerks. . 14 penalty for neglect of duty by 7, 14, 15, 38 See City of Providence 44 See City of Pawtucket 46 Convention to nominate candidates 17, 18 Councilmen to count certain votes 12 Counting ballots at close of polls 7, 45, 46 Defective ballots not to be counted 35 Disorderly conduct at elective meeting, penalty for 6 persons may be ejected by order of moderator or warden 5 Elections adjourned or new, when to be held, and how to be ordered 11 " " secondary, under secret ballot law 38, 39 7 50 MANUAL OF ELECTION LAWS. t PAGE . Failure of election officer to perform duty, remedy for 42 Filing of nominations 19-22 Fraudulent voting, penalty for 40 Guard-rail, who may be admitted within it 32, 34 " voter not to re-enter after voting 34 Instruction-sheets and specimen-ballots to be furnished 26, 27 etc., when and how to be posted 28 Labels, special forms to be used on ballot packages 13 " on packages of ballots, by whom to be signed 8 Manner of conducting elections, act prescribing 615 Marking of ballots 32-35 Mileage to be paid persons delivering ballots to state returning-board 11 Moderators to preside at town or district meeting 5 " power of 5 " who to preside in absence of 5 " pro tempore, how elected 5 " to maintain good order in meeting. . 5 " to have charge of ballot-boxes 6 " to announce name of voter 7 " to receive or reject votes 6 " to count ballots 7 " to announce result of vote 7 " to keep record book of elective meeting 7 " to deliver record book of meeting to town clerk 8 { to -affix their signature to package of ballots 8 " to sign certificates to be enclosed with ballots 10 " to deliver ballots to supervisor 28 " to appoint ballot-clerks from supervisors 31 " authority of, to admit persons within guard-rail 32 " to direct supervisors to assist voters in certain cases 35 " penalty for neglect of duty 7, 14, 15, 38 Nomination of candidates by convention or caucus 17, 18 " " " " individual voters 18, 19 Nomination papers 19 Nominations to be open to public inspection 21, 22 INDEX. 51 PAGE. Packages of ballots, how to be sealed up and endorsed 8-10 Penalty for disorderly conduct at elective meeting 6 " " illegal reception or rejection of ballots 7 " illegally opening packages of ballots 13 " neglect to count, seal up, etc., ballots 14, 15 " neglect or refusal to furnish certificate of election 14 " " violation of secret ballot law 36-38 " " bribing or intimidating voters 41 Pencils for marking ballots, how provided 32 Polling-places, how to be equipped 6,31 Record book of elective meeting to be kept by moderator, warden, or clerk ... 7 " " " " what to contain 7,8 " not to be enclosed in package containing ballots 8 " to be delivered by moderator or warden to town or city clerk 8 " to be evidence in case ballots are lost or destroyed 8 Result of vote to be announced by moderator or warden 7 Returns of supervisors, nature of, and to whom made 30 Sealing of ballots after counting 8-10, 12, 45, 46 Secret ballot law 16-40 " " how to be adopted by towns 39, 40 Secretary of state to furnish certain supplies 13 " " " to keep record of ballots furnished 25 " " to provide instruction-sheets, specimen-ballots, etc., for state election 26. 27 " " to furnish state ballots to city and town clerks 27 State returning-board, what ballots to be delivered to 10 Supervisors of election, how appointed 29, 30, 45 " " " ballots to be delivered at opening of polls 28 duties of 30-33, 35-38, 45, 46 " " " vacancies in, how filled 30, 45 to have charge of ballots during election 31 to report on conduct of election 30 " " " to give ballots to voter 32 " " " to receive ballots not voted. . 35 52 MANUAL OF ELECTION LAWS. PAGE. Supervisors of election, to assist voters 35 to return cancelled ballots and voting-lists to town or city clerk 35 to serve at adjourned or secondary elections 39 " " not to be candidates for office 31 " " penalty for neglect of duty 38 See City of Providence 44 See City of Pawtucket 46 Supplies to be furnished by secretary of state and city or town clerk 13 Tally-sheets of voting-machines to be included under the term "ballots" or "votes" 14 Town clerks to deliver certain ballots to state returning-board 10 See " clerks of cities and towns" for duties of town clerks. Vacancies by withdrawal of candidates, how filled 21 in office of moderator, warden or clerk, how filled 5, 45 in supervisors, how filled 30-45 Vote, who may and who may not 6 Voters unable to mark ballot may be assisted 35 " not to remain in voting-compartment more than five minutes 34 " " re-enter guard-rail after voting 34 " leave enclosed space until they deposit or return ballot 35 " list of, by whom furnished 44 " exempt from arrest, when 40 "Votes" construed to mean tally-sheets, or records made by voting-ma- chines 14 "Voting-district" construed to mean ward voting-district 14 Voting, manner of, under secret ballot law 32-35 Voting-places, how equipped 31 Voting-shelves, and compartments, for each 100 voters 31 not to be occupied by more than one person at one time 34 Wardens to preside at ward or district meetings : 5 " how appointed in Providence 45 " who to preside in absence of 5 " pro tempore, how elected 5 " power of 5 " to maintain good order in meeting 5 INDEX. 53 PAOK. Wardens to have charge of ballot-boxes 6 " to receive or reject votes .- 6 " to deliver ballots to supervisors 28 " to announce name of voter 7 to count ballots 7, 45, 46 " to announce result of vote 7 " to keep record-book of elective meeting 7 " to deliver record-book of meeting to city clerk 8 " to affix their signature to package of ballots 8 " to sign certificate to be enclosed in ballots 10 " authority of, to admit persons within the guard-rail 32 " to direct supervisors to assist voters in certain cases 35 " penalty for neglect of duty ' 7, 14, 15, 38 " word "warden" construed to mean ward district warden 14 See City of Providence 44 See City of Pawtucket 46