J K V5/f3 B 2 U12 t^"?3 o GENERAL LAWS OF THE State of Vermont RELATING TO ELECTIONS i PUBLISHED BY AUTHORITY. i 1 j TITLE 3— Public Statutes. IN FORCE AUGUST 1, 1907. Oo^xoRD, N. H. RujiFORD Printing Company. 1907 GENERAL LAWS OF THE State of Vermont RELATING TO ELECTIONS PUBLISHED BY AUTHORITY, TITLE 3- Public Statutes. IX FORCE AUGUST 1, 1907. Concord, N. H. RuMFORD Printing Company. 1907 This pamphlet contains the general law relating to elections, as contained in Title 3 of the Public Statutes of 1906. Certain provisions relating to this subject, not appearing herein, will be found in the Constitution, and elsewhere in the Public Statutes. 257148 '^'\Ko\ Digitized by the Internet Archive in 2008 with funding from Microsoft Corporation http://www.archive.org/details/electionlawsverOOvermrich Chai'. n.] ELECTIONS— DEKIXmOlVb. 103 TITLE 3. ELECTIONS. Chapter 6. — Definitions. Chapter 7. — Qualifications of voters. Chapter 8. — Cheek-lists of voters. Chapter 9. — Nominations. Chapter 10. — Regulation of canenses. Chapter 11. — Ballots. Chapter 12. — Warning and conducting elections. Chapter 13. — Counting and returning votes. Chapter 11. — Contesting elections. Chapter 15. — Canvassing votes and special elections for repre- sentatives to congress. Chapter 16. — Election of electors of president and vice-presi- dent. Chapter 17. — Oft'enses against the purity of elections. CHAPTER 6. DEFINITIONS. Sec. 65. "State officers"; "county officers"; "electors." The words '"state otlicers,"' as used in this tith>, shall include the governor, lieutenant-governor, state treasurer, secretary of state, auditor of accounts and attorney general. The words "county ot^cers" shall include senatoi-s in the general assembly, judges of probate, assistant judges of the county court, state's attorney, sheriff, high bailiff and justices of the peace. The word "elec- tors" shall mean electors of president and vice-president of the United States. 1904, No. 1904, No. 1902. No. V. S. S 5' 1894, No. ri7, § 1. 58, § 1. 90, § 99. 162, § 57. V. s. § 61. 1884, No. 00, § 1. R. L. § 02. G. S. 1, §§1. 2. :i. 18G0, No. 20. S 1. R. S. 1, §§ 1. 2. S 1812, p. 120. § 1. R. 17 07, p. .").">U, S 170.'!. p. IC). S ."'.. It. 17 .S7. p. .")ii. S '.' 104 (^»; WiMFirATTOXS OF VOTERS. [Title 3. 1890, No^ 4, § 1. Sec. 66. "Board of civil authority." The words "hoard of isoV, N0..52, § 1. civil authority.'' as used in this title, shall mean, in the ease of a 18SG, No. , § -'. i^Q^yn^ ^ijg selectmen and town clerk of such town and the justices residing therein ; in the case of a city, the mayor and aldermen and the justices residing therein ; in the case of a village, the trustees of such village and the justices residing therein ; and, in any case, such suitable member of an unrepresented po- litical party as may be appointed a member of the board of civil authority und(M' the provisions of law. CHAPTER 7. QUALIFICATIONS OF VOTERS. v. s. § 00. Sec. 67. Citizenship. Citizens of the United States and *■■ " " ■ persons Avho have become citizens of this state by virtue of the constitution or laws are, while residincr in Ihe slate, citizens thereof. Sec. 68. Voters at general elections. Every male citizen, twenty-one 3'ears of age or more, having resided in the state one year next preceding a general election, shall have a right to vote at such election for the officers to be elected thereat, in the town '■• where he resides on the day of such election ; but he shall not vote for representative to the general assemlily or justices at such election, unless he has resided, during the three months next preceding such election, in the town which is his residence on the day of such election. V. s. § 02. Sec. 69. Removal and non-residence. No citizen, after re- R^^L. §^°02^'^' ^ "*' moving from and residing without the state, shall vote at such 1864' No^ 7'^ election, until he has resided in this state one year preceding the W-3; ^' ^ ^\\ o ^^y of such election and taken the oath of allegiance to the state, the oath to support tlie Constitution of Ihe I'nited States and the freeman 's oath. V. s. § o:;. Sec. 70. Residence. The residence of a per.son ft)r the pur- R^^L. 8 *03^ *^' ^ ^ P*^^® of voting at a general election shall be deemed to be in the »■ S' i' f -■ town Avhere his familv resides, if he has one within this state 1811'. p. iiio. § 1. wliich he supports. If he has no family which he supports, his residence shall be in the town in which lie has actually spent his time during the three months preceding such election. V. s. § 0-1. Hvx'. 71. Residence, how retained. A j^erson having such ij^^l! §'°o;;!''^' ^ ^ residence in a town and l)eiiig temporarily absent therefrom nuiy, for the ])urpose of voting at a general election, retain such resi- dence during such absence until and including the next general election, by filing a declaration of his intention so to do in the town clerk's office at least three months before the general elec- tion at which he wishes to vote, or upon his dt^parture if witliin such time. 1004, No. .-.s. 5 1. Sec. 72. Voting in another town. A legal voter in this ' *■ * "■ ' ^ ■ state may vote for governor, lieutenant-goNcriior. stale treasurer, secretary of state, auditor of accounts. ;illoiMicy saeneral and electors of j^residcnt and vice-president, in any town in the state, and for i-epi-esentative to congress in any town in the congres- Chai'. 8.] CilECK-LIST AT (iENERAI. ELECTIONS. 105 sioiial district in which he resides; provided that such voter files with the clerk of the town in which he desires to vote a certificate from the clerk of the town of his legal residence, stating that such voter's name is on the check-list last required by law to be prepared in such town. Sec. 73. Residence in special cases. No person shall gain v. s. § G5. or lose a residence by reason of his presence or ab.sence while in ■^^2^'o^*'" ^^"' ^^ ^' the service of the state or of the United States; nor while en- J^a.J.- i.^\, gaged in the navigation of the waters of the state or of the isin, no. 2, § 9. United States or on tlie high seas; nor while in a hospital, alms- house or asylum, or confined in a public j)rison ; nor while an inmate of a soldiers' home; nor while a student of a college or seminary of learning. Such student maj' adopt the town where such college or seminary is located as his ])lace of residence by filing in the ck^rk's office of such town his declaration to that effect, and the time of his residence shall l)e computed from the time of filing such declaration. Inmates of the soldiers' home in the town of Bennington, who are legal voters in this state, may vote in that town for electors, state and county officers and representative to congress, by having their names properly en- rolled on the check-list, if they elect so to do; l)ut such inmates shall not accjuire a legal residence in Bennington whih' inmates of such soldiers' home. Sec. 74. Freeman's oath. No person shall be admitted to v. s. 5 ce. take the freeman's oath or vote at an election, luitil he has ob- [1; J< 1, *§'*4. tained the approbation of the board of civil authority of the |'^^?,- |; ^^3,-, ^ 3 town in which he resides. i;. itst. p. r>o. § 4. ^'<- i'^"- p- '"'^o. § ">• CHAPTER 8. CHECK-LISTS OF VOTERS. Sections 75-84. — Chock-list at general eloetions. Sectioxs 85-90. — Chock-list at local elections. Check-List at General Elections. Sec. 75. Selectmen to prepare. The selectmen in each v. s. § gt. town shall, at least thirty days before a general election for the r^^j; j°65^'"*' ^ "' election of state and coiuity officers and representative to thej|^^g- ^'°- |^- general assembly, make an alplufbetical list of the persons c|uali- iS67, No. 24, § 1. fied to vote at such election, and shall forthwith cause copies of ' ' such list to be posted in two or more public places in such town and a copy to be filed in the town clerk's office. Upon such check-list shall be stated against the name of each voter the street and number of his residence ; and against the name of each per- son who has not resided in such town three months next pre- ceding the general election for which the list is made, it shall be stated that he is disqualified to vote for representative to the general assembly and justices. Sec. 76. Political representation on board. If the board iS96. No. 4. § 1. of civil authority in a town or village does not contain a member of each political party which would be entitled to have its nomi- 106 V. s. « 68. R. L. § 66. 1870, No. 86. 1868, No. 42, 1867, No. 24, 1866, No. 15, V. S. § 60. R. L. § 67. 1880, No. 110, § 5 1896, V. S. 1894, 1882, R. L. 1868, 1867, 1866, No. 2, § § 70. No. 1. § No. 112, § 68. No. 42, No. 24, No. 15, i 1902, V. S. 1886, No. 00, S 71. No. 101 CHECK-IJST AT (iKXKIJAI. EI.KC'I'IOXS. [Title 8. nations printed upon tiie official ballots, the selectmen of such town, or the president and trustees of such village, on appli- cation in writing of three or more legal voters of such town or village, setting forth such facts, shall, within six days after the presentation of such application, designate and appoint some suitable member of such unrepresented political party a member of said board, and cause a certificate of such appointment to be recorded in the records of such town or village; and the person, so appointed shall have the same authority in making and re- vising the check-list, conducting elections, and counting and can- vassing votes, as other members of said board. Sec. 77. Revision of the list. Said board shall, at least fifteen days before a general election, ;i])i)()int a time and place for revising the clieek-list ; and notice of the hearing thereon shall be attached to the co{)ies of such list posted u]). and lodged in the town clerk's office. Sec. 78. Duration of hearing. Said board shall meet at § 2. the time and place appointed and remain in session a reasonable time. It may adjourn from day to day ; but no hearing for revising a check-list shall be held, and no alteration in such li.st made, after twelve o'clock at night of the Saturday ])receding the day on which the list is to be used, if the genei-al election at which it is to be used is held on Tuesdaj^; and. in no case, shall there be a hearing by said board to revise a check-list or altera- tions made in the same within thirty-six hours of the time ap- pointed for the general election at which such check-list is to be used. 1. Sec. 79. Proceedings at hearing; corrected list. At the 1. hearing for revising the check-list, said board sliall bear and ^ ^' determine questions as to the list of voters, and may examine upon ! ^- oath persons claiming the right to vote, require the production § -. 3. of naturalization j^apers; and it may administer tlie freeman's oath to n person who will be entitled to take the same at such election. Said l)oard shall insert upon the check-list left in the town clerk's office the names of votei's omitted and of those who will become of age on or before the day of sneb election, and erase therefrom the names of ])ersons not entitled to vote, having first given notice as jjt-ovided in the second following section. The list so correctcHl in the town clerk's office shall not be altered except by adding thereto the names of persons who shall, at such election, become (jnalified to vote, and the names of pei'sons who are legal voters at sn<'h elertion bnt \vliose names ai"e omitted from such completed check'-list solel\' tlii'onuh clerical inislake. No person shall be entitled to have liis iiaiiu^ so added at sneli election who became of age before the time fixed ['ov the com- pletion of the check-list, ludess his name was on the check-list when complet(Ml. but had Ixmmi omitted from such check-list in copying. Said boai-d shall have antliority to make such addi- tions and eoiTeetions to the coiiiiileted cheek-list. § 00. Sec. 80. Residents of unorganized towns and gores. Kes- § 1. idents of unoi'gani/.ed towns and gores may ha\c Ihcir names placed upon the clieck list in any town in the |)rol>ate district in Chai'. , check-list has been challenged. Such notice shall also state the i^^S* i^i"- ^t- ^ -• 1867, No. 24, § 5. time and place of hearing and shall be signed by the clerk or isro, no. 15, § 2. chairman of said board and be served on the person challenged by a constable, police officer or one of said board, by delivering a copy thereof to him personally or by leaving the same at his last and usual place of abode. Sec. 82. Election of congressmen and electors. At elec- v. s. § 7?,. tions of representative to congress and electors, the check-list ists] sd. 70. used at the preceding general election shall be used, with such^'"^'^' ^^" ^"' ^ ^' alterations as the board of civil authority may make, subject to the foregoing provisions as to check-lists for general elections, after giving six days' notice of a hearing for revising the same. Sec. 83. List conclusive. No person shall vote at a general v. s. § 74. 1804, No. 1. § 2. election in a town for any of the officers to be elected at such iss4^ No! eb, §~3. election, unless his name is on the check-list; but such check-list isofi; no. 15, § 3. may be amended and corrected at such election as i)rovided in the ^^ ^ *• ''^^■ fourth preceding section. No person's vote whose name is on the check-list shall be rejected ; but a person shall not be allowed to vote for representative to the general assembly or justices, who is designated on the check-list as disqualified to vote for said officers. Sec. 84. Filing ; evidentiary force. The check-list used at v. s. § 7.5. a general election shall be filed in the town clerk 's office after iscci No. is, § 4. such election ; and the original, or a copy thereof duly certified, shall be evidence in court that a person whose name is checked thereon, voted as indicated. Check-List at Local Elections. Sec. 85. Selectmen to prepare, when. In every town of v. s. § ic more than four thousand inhabitants, and in other towTis on J^gyn" xj; st. petition in writing of twenty or hiore voters, the selectmen shall. ||g^' ^^^- jg- at least thirtv davs before the annual town meetinir, make a -2^ y*. 718. ■ " "^ . .10 \ r. 202. check-list of the persons qualified to vote at such meeting, and shall forthwith cause copies of such list to be posted in two or more public places ih such town and a copy to be filed in the town clerk's office. Sec. 86. Trustees to prepare, when. In everv incorporated v. s. § 77. village of more than four thousand inhabitants or in which a iggQ] xo! 90, § 1! check-list is required by special law, and in other incorporated villages on petition in writing of twenty or more voters, the trus- tees shall, at least thirty days before the annual village meeting, make a check-list of the persons qualified to vote at such meeting, and shall forthwith cause copies of such list tn be posted in two 108 V. S. § 78. 1880, No. 90, §§ 3, 5. R. L. § 2G5C. 1870, No. 86. 1868, No. 42. 1866. No. 15. V. S. § 79. 1880, No. 90, § 4. R. L. § 2656. 58 Vt. 718. .\().MIN.\TI()XS. ['I'lTLE 3. V. s. § so. 1886, No. 90, § 6. V. S. § 81. 1886, No. 90, § 7. 1884, No. 60, § 3. R. L. § 71. 1800. No. 15, § 3. 58 Vt. 718. or more public places in such village and a copy to be filed in the village clerk "s oi'fice. Sec. 87. Villages; officers' duties. The pruvisiuus of this '' chapter relating to check-lists in towns shall apply to check-lists in villages; and the duties of trustees, boards of civil authority and clerks of villages shall be the same as those of selectmen, boards of civil authority and clerks in towns. Sec. 88. Hearings. At a hearing to revise the check-list to be used in a town or village meeting, the board of civil au- thority shall hear and determine questions as to such list of voters, and may examine upon oath persons claiming a right to vote, and shall insert ui)()n 1he check-list left in the town clerk's office the names of voters omitted and erase therefrom the names of persons not entitled to vote. Sec. 89. Special meetings. At special town and village meetings, the check-list used at the preceding annual meeting shall be used with such alterations as the board of civil authority may make, liaving given six days' notice of a hearing for revising such list. Sec. 90. List conclusive. No person shall vote at a town or village meeting at which a check-list is required to be used, unless his name appears thereon. No person's vote whose name is on such list shall 1)0 rejected, if a resident of tlic town or vil- lage on the (lav on which such meeting is held. CHAPTER 9. NOMINATIONS. SECTio>ip 91, 92. — Noininaticns l)y convention or comniittee. Sectioxs 93, 94. — Nominations by ceitifitato. Section 95. — Requisites as to number of candidates and party names. Sections 00- 99. — Filing certificates. Sections TOO, 101. — Vacancies. Section' 102. — Oltjections to certificates of nomination. Sectiox lO;;. — Postins nominations. Sections 104-107.— Offenses. V. s. 1802. 1890, § 82. No. 1, No. 9, S 4. V. S. 1892, 1S90, § S3. No. 1. No. 9, SS 1. Nominations by Convention or Committee. Skc. 91. How made. .Xoiiii nations to i)ul)lic ol'licc iua\' be 5. iiiado by coiixciit ifui of oi-gaiiizcd delegates or voters re]>rcs(Miting a political party which polled at least one per cent of the entire vote cast in the state at the i)receding general election -, or. if the office is to be tilled by the voters of a sul)division of the state, nominations may be so made by a political i^arty which polled at least one per cent of the entire vote cast in sucli sulxlivision at llic ])i'('ceding general election. A comcntion autlioi'izcd to nominate candidates to a public ofiic;' may. b\- resolution, autbor- i/e a committee appointcil by it to make mMuiiiat ions to such office. Si;c. 92. Requisites of certificate. When a iioiniiiat ion is 5, made uinb'r llie provisiojis of the precediiiLV seclion. a certiticate ^\ Chai'. 9.J NOMINATIONS. 109 thereof shall be made, which shall contain the name of the office for which each person is nominated, his name and residence, and shall designate in not more than three words the party which such convention or connnittee represents. The certificate shall be signed by the presiding officer and secretary of such conven- tion or committee, who shall add their residences and make oath to the same; and a certificate of such oath shall be attached to the certificate of nomination. When the nomination is made by a committee, the certificate of nomination shall contain a copy of the resolution authorizing such nomination. Nominations by Certificate. Sec. 93. How made. Nominations to public office may also v. s. § S4. be made by certificate of nomination signed by voters residing in isgo! K'o. o', § i. the state, or, if the office is to be filled l)y the voters of a sub- division of the state, by voters residing in such subdivision, to the number of at least one per cent of the entire vote east in the state or in such sul)division at the preceding general election. Sec. 94. Requisites of certificate. When a nomination is v. s. s S5. made under the preceding section, the certificate shall contain isoo,' xo.' o,' § 7! the name of the office for which each per.son is nominated, his name and residence, and designate in not more than three words the political or other name which the signers sluiU select. The signatures to such certificate need not all be appended to one paper. Each voter signing such certificate shall state his resi- dence and that he is a voter and make oath to the same, and a certificate of such oath shall be added thereto. The certificate of nomination, when so executed, may be filed in the same manner and with the same effect as a certificate of nomination made by a party convention or committee. Requisites as to Number of Candidates and Party Names. Sec. 95. Number of candidates ; party name. Xo certifi- 1906, No. 2, § 1. cate of nomination shall contain the names of more candidates is92", No. i, § 8. for any office than there are persons to be elected to such office, "*■ > - o- > § • and no person shall sign more than one certificate of nomination for the same office. The political or other name selected by the signers of a certificate of nomination under the provisions of tlie two preceding sections shall be substantially different from the name of a political party authorized to make nominations and file certificates thereof under the provisions of the third and fourth preceding sections and also substantially dift'erent from the political or other luune already selected by the signers of any other certificate of nomination then on file with the same officer for the same election. Filing Certificates. Sec. 96. Place of filing. Certificates of nomination for v. s. § st. offices to be filled by the void's of the entire state or of any sub- isoo! No! 9', § g. division larger than a county shall be filed with the secretarj^ of state ; for offices to be filled bv the voters of an entire countv or no NOMINATIONS. [TlTLK 3. 1898, No. 2, § 1. V. S. § 88. 1802, No. 1, § 10. 1890, No. 9, § 10. V. S. § 89. 1892, No. ], § 9. 1890, No. 9, § 9. V. S. § 90. 1892, No. 1, § 11. 1890, No. 9, § 11. R. 1900, § 98. 1898, No. 2, § 2. V. S. § 91. 1892, No. 1, § 12. 1890, No. 9, § 12. probate district, -with the oouiity elerk; for offices to be filled by the voters of a town or village, with the town or village clerk. Sec. 97. Time of filing. Certifieates of nomination to be filed with the secretary of state or a county clerk shall be filed not more than fifty nor less than thirty days before the day of election. Certificates of nomination to be filed with a town or village clerk shall be filed not more tliaii thirty nor le.ss than fifteen days before llic day of election. Skc. 98. Preservation. The secretary of .state and the sev- eral clerks shall preserve in their respective offices all such cer- tificates, and the same shall lie open to public inspection. Sec. 99. State nominations, how certified. The secretary of state, at the expiration of the time within which certificates of nomination may be filed with him. shall forthwith certify to the county clerk of each county in which any person may vote for a candidate named in such certificates, the name of each can- didate, together with the other details mentioned in such cer- tificate's. Vacancies. Sec. 100. Withdrawals or deaths. A person whose name has been presented as a candidate may cause it to be withdrawn by notice in writing to the officer with whom the original cer- tificate was filed, at lea.st twelve days before the day of election, that he declines such nomination ; and no name so withdrawn shall be printed upon a ballot. If a candidate duly nominated withdraws as herein provided or dies before the day of elec- tion, the vacancy may be filled by the political party or other persons who made the original nomination, in the manner pro- vided for making such nomination ; or, if the nomination was made by convention or caucus, in such manner as the convention or caucus has previcmsly j)rovided ; or, if there is no such provision, then by the regularly elected general or executive committee representing the jiolitieal party holding such conven- tion or caucus. Sec. 101. Certificate to fill vacancy. The certificate of nomination made for filling such vacancy shall state, in addition to the other facts required to be stated in certificates of nomi- nation, the facts causing the vacancy, the name of the original nominee and the measures taken in accordance with the require- ments for filling the vacancy, and shall be signed and swcu'n to. If the original nomination was not made by a convention or committee, then the same voters who made the original nomina- tion may file a new certificate executed in like maniici- containing the name of a candidate to fill the vacancy and cont;iining. in addition to the other facts re(|uirc(l. a statement of \hc facts causing the vacancy and the name of \ho original nomin(>»\ Objections to Certificates of Nomination. V R. 5 93. Sec. 102. Prima facie validity; contesting. Certificates isboi No! 9^ § l\i. ^^ nomination provided by this title which are in appanMit con- fonnitv with l;iw shall be valid, uidess ohiection thereto is made V. S. § 92. 1892, No. 1, § 12. k Ohai'. 9.J NOMINATIONS. . Ill ill writing at least ten days before the day of election. If snch objection is made, notice thereof shall forthwith be mailed to all candidates w^ho may be affected thereby, addressed to them at their respective places of residence as given in the certificate of nomination. The officer witli whom the original certificate was filed, shall, in the first instance, pass upon the validity of such objections ; and his decision shall be final, unless an order is made by a judge or court of competent jurisdiction, upon notice duly given, pointing out the defect in the certificate of nomination. Posting Nominations. Sec. 103. Duties of officers. Tlie clerk of each county v. s. § 94. shall, at least six days before a general election, cause to be de- iggol 5sa 9, § 15! livered to the constable of each town and the clerk of each city in such county, five copies of a printed list containing the name, residence and party or other designation of each candidate nomi- nated by certificate filed with such county clerk, or whose nomi- nation has been certified to such county clerk by the secretary of state ; and such constables and city clerks shall forthwith cause one of such lists to l)e posted at the place where the ballots are to be cast and in at least four other public and conspicuous places in such town or city. Constables in towns, and city and village clerks shall cause similar lists of candidates nominated by cer- tificates filed with town, city or village clerks respectively, to be posted in like manner at least six days before the election at w^hich such candidates are to be voted for. Offenses. Sec. 104. Payment of money to secure nomination. No 1902, Xo. 6. j 1. person shall, directly or indirectly, give, pay, expend or con- tribute, or promise to give, pay, expend or contribute, money or other valuable thing, in order to promote his own nomination, or the nomination of another person, as a candidate for a public office, by caucus, convention or nomination papers, except for personal expenses as provided in the following section. Sec. 105. Same; exception. A person may incur and pay. 1902, No. 6, § 2. in order to promote his own nomination, or the nomination of an- other person, as a candidate for a public office, his own personal expenses for traveling, for writing, printing and preparing for transmission any letter, circular or other publication not issued at regular intervals, whereby he may state his position or views, or the position or views of another person, upon public or other questions, for stationery and postage, for telegraph, telephone and other regular messenger service, and for other petty per- sonal expenses ; but all such expenses shall be limited to those which are directly incurnHl and paid by him. Sec. 106. Publishers to receive no compensation for sup- 1902. No. g, 5 3. porting candidacy. No publisher of a newspaper, or other pub- lication issued at regular intervals, in this state, shall, directly or indirectly, receive or accept money or other valuable thing in payment or compensation for the support or advocacy in such 112 KECiULA'lloN OF CAUCUSES. [Tm.i: :j. newspai)er or inil^llL-jitiou of the iKuninaliun uf any person a.s a candidate for a public office in this state. 1902, xo. G, § 4. Sec. 107. Penalty. A person Avho violates a provision of the three preceding sections shall be fined not less than one hundred dollars. CHAPTER 10. REGULATION OF CAUCUSES. Sections 108, 1U9. — E.xeciithe or general (■(unmitteos. Sections 110-122. — Kesistratiou and check-lists. Sections 123,124. — Illegal voting and bribery. Sections 125, 12G. — Time of holding caucuses. Section 127.— Ballots. Sections 128, 129.— Clerks. Section loO. — Penalty. Executive or General Committees. 1904, No. 2, § 1. Sec. 108. Names of committee certified. The chairman and secretary of the state, congressional, county and town con- vention or caucus of every organized political party shall, within ten days after such convention or caucus, tile with the secretary of state the names of the members of the state or congressional executive or general committee of such political party and with the county or town clerk the names of the nunubers of the county or town executive or general committee of such party, as the case may be 1904, xo. 2, § 2. Si'X'. 109. Conclusiveness; objections. The executive or general committee in office as shown by the certificate filed as provided in the preceding section shall be recognized as such officers of their respective political ])arties. Objection to a cer- tificate so filed shall be made in writing and filed within ten days of the time of filing such certificate, with the officer with w^hom such certificate is filed; and such objection shall be heard and determined as is provided for hearing and determining objections to nomiiuitions in section one hundred and two. Registration and Check-Lists. 1904, No. 2, § 3. Sec. 110. Request for check-list. At caucuses to elect delegates to conventions to nouiinate stale and county officers and representatives to congress and representatives to the gen- eral assembly, the voting shall be by ballot and check-list, it' a request therefor, in wriliug, signed l)\- |)crsons qualified to vote at a general election e((ual in nuiubcr to live pvr cent of the vote cast for governor in such town at the last general election, is filed in the tow^n clerk's office on or before the fifteenth day of INFay in each year in wliich a gcMieral election is held. 1904, No. 2, § 4. Src. 111. Blank certificates of intention. The secrclar\' of state shall, on or befcu'c the first day of .March in each year in wliich a general election is held, furnish at the expense oT the stale to the scvcimI lowii clerks a sutlicieiil uuiiibei' id' blntik cer- Chap. lO.J HECULA'IK )X OF CAUCUSES. 113 tificates for all persons qualified to vote at a general election. Such certificates shall be so prepared that they may be attaciied to blank inventories and easily' detachable therefrom, and shall be in the following form : "It is my intention to act and vote with the party at the coming general election. Signed . ' ' One of such certificates shall be attached to each inventory fur- nished a male resident of a town who is required to make an inventory. If, for any reason, a person qualified to vote at a general election is not required to make an inventory, such blank certificate shall be furnished him by the listers of such town. Sec. 112. Voter to declare intention. Everv person qual- 1006, No. 1, s 1. ined to vote at a general election who desires to vote at any caucus specified in the second preceding section shall insert in such blank the name of the party with which he intends to act and vote at such election, sign and deliver the same to the lister to whom he delivers his inventory, and, if he is not required to make an inventory, he shall deliver such certificate to one of the listers on or before the twentieth day of May ; provided a peti- tion requesting such a use of the inventories, signed by persons qualified to vote at a general election equal in number to five per cent of the vote cast for governor in that town at the last general election, has been filed in the town clerk's office between March fifteenth and April first in the year in which such caucuses are to be held. A person who fails to return a cer- tificate shall not be eligible to vote at any such caucus held dur- ing such year. The listers shall detach all certificates attached to inventories and, on or before the twenty-second day of ^lay, return such certificates to the town clerk. Sec. 113. Filing. A town clerk shall file and arrange in i904, xo. 2, § 6. alphabetical order all certificates so delivered to him and shall receive therefor five cents for each certificate up to three hun- dred, two cents each for all in excess of three hundred up to one thousand, and one cent each for all in excess of one thousand, to be paid out of the town treasury on the order of the proper officer. Sec. 114. List, who to prepare. On or before the twenty- 1000. xo. 1. § 2. fifth day of ]\Iay in each biennial year, if a petition requesting ^'^'^"*' ^°" "'• ^ '' the use of a check-list has been filed as required by the fourth preceding section, the selectmen in each town and the proper officers in each city shall prepare a caucus check-list for such town or city to be used at the caucuses held during such year. Such list shall be prepared as provided in the two following- sections. Sec. 115. Party list. If a petition has been filed as re- 1006. xo. i. § 2. quired by the third preceding section, such list shall be so ar- ^^*^'*' ^°' -• ^ '• ranged that the names of all legal voters who have certified their intention of acting and voting with the republican j)arty shall be arranged in alphabetical order on the left of such list; those certifving their intention of acting and voting with the 114 RE(U'LA'1"I()N OF CALCrsES. ['I'lTLE 3. 1906, No. 1904, No. 190G, No. 1904, No. 1, § 2. 2. § 7. 1904, No. 1904, No. 2, § 9. 190G, No. 1904, No. 1. S 3. 2, § 10. 1904, No. 2, § 11. democratic party next in order on the right of the space assigned to the republican party; those certifying their intention of act- ing and voting with the prohibition party next in order on the right of the space assigned to the democratic party ; and next in order on the right those, if any, of other political parties. The si)aces assigned to the several parties on such list shall be sep- arated by perpendicular lines at least one-eighth of an inch wide and shall be designated by placing at the top of each, in clear, legible type, the name of the party to which such space is assigned. Skc. 116. Alphabetical list. If no petition has been filed as required l)y tht' fourlli ])r('('('(ling section, said selectmen or proper officers shall make an alphabetical list of all persons qualified to vote at the next general election. At the top of the entire list shall appear the words "Caucus Check-List for [name of town or city] Year ." Sec. 117. Residence of voter stated ; list to be posted. In all check-lists, against the name of each person appearing thereon, shall be stated the street and number of his residence, if his residence is so designated. The selectmen or the proper officers in a city shall cause copies of a list prepared as provided in this chapter to be posted immediately in at least four public places in such town or city, and a copy to be filed in the town or city clerk's office. Sec. 118. Revision of list. The board of civil authority in each town shall, on or before the twenty-seventh day of IMay, appoint a time and place for revising such check-list; and notice thereof shall be attached to the copies of such list posted and lodged in the town clerk's office as provided in the preceding section. Sec. 119. Duration of hearing. Said ])oai'd sliall meet at the time and place appointed and remain in session a reasonable time and may adjourn from day to day, but such list shall be completed and lodged in the town clerk's office on or before the fifth day of Jnne following. Skc. 120. Powers of board. At tlu' hcni'ing for the re- vision of sm-ii list, said board shall heai' and dctcrniine all ques- tions as to the right of persons to have their names inserted in such list and nuiy examine upon oath persons claiming the right to have their names inserted therein, or such witnesses as may be presented for examination. In determining whether a per- son is qualified to vote at a general election, said board shall be governed by the law regulating the right to vote at such election ; and, if a party check-list is used, in determining to which party the person shall be assigned, his certificate of intention shall be conclusive. Sec. 121. Notice of erasures. Said the copy of the list filed in the town eh r the voters omitted, and erase therefrom the naincs of pers(tns iu)t entitled to vote, having first given surh ixmnohs notice of its intention so to do, if they ai-e residents ol" siieli town. Sui'li notice shall l)e in writing and shall slate the lime anil place of h(»ai"(l shall iiisimM \\\ 's ol'tice tli(^ names of Chap. 10.] REGULATION OF CAUCUSES. . 115 hearing thereon and shall be delivered personally by a member of the board, if such persons are in town, and, if not, shall be left at their last and usual place of abode. Sec. 122. List conclusive. Such list shall, when com-i906, No. i, § 4. pleted, be the caucus check-list for the year in which it is pre- ■ * ■ - pared; and no person whose name does not appear thereon shall be allowed to vote at any caucus specified in this chapter. Illegal Voting and Bribery. Sec. 123. Illegal voting. No person shall vote or attempt i906, xo. i, § 4. to vote at a caucus specified in this chapter held by a party other 17! °' "' than the one upon whose check-list his name appears, or help, aid or incite any other person to vote at any other caucus than that of the party upon whose check-list said person's name appears ; and no person shall vote in more than one caucus speci- fied in this chapter, in any one year, for delegates for the nomi- nation of state and county officers and for representative to the general asseml)ly. Sec. 124. Bribery. No person shall, by the use of money 1904, No. 2, § is. or other valuable thing, directly or indirectly, influence or at- tempt to influence, control or alter the vote of a person at a caucus specified in this chapter. Time of Holding Caucuses. Sec. 125. Time limit. No caucus specified in this chapter 1904, No. 2, § 13. shall be held prior to the eighth day of June. Sec. 126. Caucuses to elect delegates. All caucuses of a 1904, No. 2, § 14. party to elect delegates to the conventions specified in this chap- ter shall be held on the same day, which shall be fixed by the party executive or general committee of the political division for which the convention is to be held. Ballots. Sec. 127. How prepared and furnished. Ballots used ati904, No. 2, § 15. the caucuses specified in this chapter shall be of uniform size and color and shall be prepared and furnished by the town committee of the political party holding the caucus and shall be paid for by the town. No name shall be printed on the ballots, unless written application therefor is made to said committee at least twenty-four hours before the opening of a caucus. Blank ballots shall be furnished at the caucus for those who desire to ■write names to be voted for thereon. Clerks. Sec. 128. Ballot clerks; appointment; duties. Each to^vn 1906, No. 1, § 5. ■committee of each political party shall, at least twenty-four .-«._, s hours prior to the time appointed for holding a caucus by such party, appoint a sufficient number of ballot clerks to have charge of the voting at such caucus and to properly transact the busi- 116 J*RlXTlX(i OF liAI>L()TS. [Title 3. 1906, No. 1, § 6. 1906, No. 1, § 7. 1904, No. 2, § 19. ness thereof; and a certificate of such appointment shall be forth- with filed in the town clerk's office. Sec. 129. Town clerk and assistants; duties. The town clerk and assistants who may be appointed by him and who shall be paid as assistant clerks at general elections shall attend each caucus held under the provisions of this chapter and check the names of persons voting therein on such check-list. Such check-list so checked shall be lodged in the town clerk's office and be open to public inspection. No change in such check-list or in the checking of names thereon shall be made by any person, except as provided by this chapter. Penalty. Sec. 130. For violating a provision of this chapter. A person who violates a provision of this chapter shall be fined not more than one hundred dollars. CHAPTER 11. BALLOTS. Sections 131-133.— Printing of ballots. Sections 134-141. — Form of ballots. Sections 142-146. — Disposition of ballots. Section 147. — Instmotions. V. s. § 95. 1892, No. 1, §§ 2. 3. 1890, No. 9, §§ 2, :i. v. s. 1892, 1890, S 90. No. 1, No. 9, 10. 10. 1902, No. 2, § 1. 1898, No. 4, § 1. v. S. § 97. 1892, No. 1, . §§ 10, 18. 1890, No. 9, § 10. Printing of Ballots. Sec. 131. Printing and distribution. All ballots to be cast at a general election shall be ])rinted and distributed at the ex- ])ense of the county in which they are to be used, under the di- rection of the county clerk, except ballots for representative to the general assembly and for justices, which shall be printed and distributed at the expense of the town in which they are to be used, under the direction of the town clerk. All ballots to be cast at local elections shall be printed and distributed at the expense of the town or village in wliidi they are to be used, under the direction of such town or village clerk. Sec. 132. Printed when. The ballots provided by county clerks shall be printed and ready for inspection by the candi- dates and their agents at least eight days before a general elec- tion ; those provided by town and village clerks, at least five days before the election at which they are to be used ; and in each case before the same are sent in scaled packages, as hereinafter pro- vided. Sec. 133. Color; general requisites. Said clerks shall cause such ballots to l)e printed on white paper, except the bal- lots used for voting for justices, which shall be printed on red paper; and the ballots shall contain the nanu^s of all persons whose certificates of nomination have Ixcn lilcd ^vith them or whose nominations have been certificnl to Ihem. They shall place after the name of each candidate, on the same line, his residence Chap. 11.] FORM OF BALLOTS. 117 and the name of the party or otlier political organization to which he ])elongs. Form of Ballots. Sec. 134. Generally. Nominations for state, district and R- looe, § 121. county officers, except justices, shall be placed on the same ballot. 1894', xo. i62, § 00. Nominations for electors, representative to the general assembly and justices shall be placed on a separate ballot in the case of each office. Nominations for all the officers to be voted for at a local election shall be placed on the same ballot. Sec. 135. Candidates may select party. A person nomi- 1904, No. 3, § 1. nated for the same office by more than one political party, either by convention or by certificate of nomination, or by certificate of nomination signed by persons not representing a political party, may, at least fifteen days l)efore election in the case of state, district and county nominations, and at least ten days in case of town nominations, elect as to which party ticket or tickets his name shall be printed on as a candidate ; and he shall notify the secretary of state or the county or town clerk, as the case may be, in writing, of such choice ; and his name shall be printed only on the party ticket or tickets which he so elects. Sec. 136. Party columns. L^pon all ballots to be cast at a iqog. no. 3, § 1. general election, the nominations of each political party shall be v. s.' l%9.' arranged in a separate column under the head of the party -"^^ig; ^°' •*•' ^^ ^^' designation. The first column on the left side of the ballot ^^^'^' ^'°- ^' § ^^^ shall contain the names of the nominees of the republican party ; the second column, those of the democratic party ; the third column, those of the prohil)ition party; and the order of such other nominations as shall be made shall be determined by the clerk whose duty it is to prepare the ballots, in such manner as most clearly to distinguish the nominations from each other. Upon ballots for electors, the names of the candidates for presi- dent and vice-president may be added to the party or political designation. Each party ticket shall be separated from other party tickets and bordered on either side by black parallel lines at least one-eighth of an inch in width. Over each column and under the party designation, except on ballots for representative to the general assembly, shall be placed a blank square measuring not less than one-half an inch on each- side. Sec. 137. Local elections. TJpon all ballots to be cast at 1906, No. 3, § 2. local elections under the provisions of number one of the acts of eighteen hundred and ninety-two. the names of candidates shall be arranged under the designation of the respective offices in alphabetical order according to the surnames; but names of candidates for the same office, but for different terms of service therein, shall be arranged in groups according to the length of their respective terms. Sec. 138. Constitutional amendments. AYhen the question v. s. § lOO. of approving a constitutional amendment or other question is to jg! - °- ' ^' be submitted to the people, it shall be printed upon the ballots ^^^^' ^'°- ^' ^ '^^• below the lists of candidates ; and the secretary of state shall, not less than twenty-five days before a general election, duly certify 118 Disi'osrrioN of uaij.ots. [TlTLH V. s. § 101. 1892, No. 1, § 18. 1890, No. 9, § 18. to each county clerk the question to be submitted, in order that the same may be properly printed thereon. Sec. 139. Blank spaces for marking. There shall be left upon the ballots underneath the name of each candidate or group of candidates a blank space in which a voter may insert the name of any person for whom he desires to vote, other than the candi- dates regularly nominated. The ballots shall be so printed as to give each voter a clear opportunity to designate by a cross (X) in a sufficient margin at the right of the name of each can- didate, his choice of candidates and his answer to the question submitted; and on the ballot may be printed such w'ords as will aid the voter to do this, as "vote for one," "vote for three," 1900. N V. s. § 1892, N 1890, N 0. 3, § 1. 102. 0. 1, § 18. 0. 9, § 18. V. S. § 1892, N( 103. ). 1, § 12. Sec. 140. Indorsements. T^pon each ballot shall be in- dorsed the words "oHicial ballot," followed by the name of the town, ward or village in which it is to be used, the date of the election and a fac-simile of the signature of the clerk causing the same to be printed, with his official title. Sec. 141. Death or withdrawal. AYlien a candidate dies or withdraws and the vacancy is filled as hereinbefore provided, if the ballots have not been printed, the name supplied for the vacancy shall be inserted instead of the original nomination. If they have been printed, other ballots containing the new nomi- nation instead of the original shall, when practicable, be printed. When there is not sufficient time to print new ballots, the name so supplied may be pasted on those already furnished by the officer who procured the printing of the same. v. s. 1892, 1890, § 104. No. 1, No. 9, § 17. § 17. V. s. 1892, 1890, 8 105. No. 1. No. 9, 5 19. § 19. 1898, V. S. 1892, 22. 1890, No. 3, § 106. No. 1, No. 0, § 1. , §§ 20, § 20. V. s. 1892, 1890. 8 107. No. 1, No. 9, 5 2i Disposition of Ballots. Sec. 142. Sample ballots. At least five sample ballots for each polling place, printed on tinted paper, but in all other respects the same as official ballots, shall be provided by the clerks whose duty it is to prepare the official ballots and be de- livered to the same officers to whom cards of instruction are required to be furnished. Sec. 143. Blocks. All ballots, except sample ballots, shall, when ])rinted, be fastened together in blocks of one hundred each and in such manner that each ballot may be detached. Sec. 144. Number. One hundred ballots for state and county officers, representative to congress and electors shall be printed and furnished to each polling place, for every fifty voters or fraction thereof who voted at such polling place at the last election for governor; for other officers, there shall be printed and furnished three times that number, and in cities of more than ten thousand inhabitants, six thousand extra ballots. Sec. 145. Sending to polling places. Tlu^ several clerks shall transmit the ballots prepared by tlu'in to the olfic(M-s wliose duty it is to preside at each polling ])hu'e, so that the.N- will be received by such presiding officers at least forty-eight hours be- fore the hour for opening the |)olls. Such ballots shall lie sent in sealed jjackages by mail or in .some other safe manner, with VuAW 12.] WAUNIXC; ELECTIONS. 119 marks on tlie outside clearly designating the polling place for - which they are intended and the number of ballots enclosed. Presiding officers shall, on delivery to them of such packages, return receipts therefor to the clerk from whom the same were received. Sec. 146. Supplying deficiencies. If the balhjts to be fur- v. s. § los. nished to a [)()lling place are not duly delivered, or if, af ter ''^^si; ^°' ^' ^^ ^^' delivery, they are destroyed or stolen, or if the number proves ■^^^^' ^°- ^' ^ ^^• insufficient, the presiding ot^cer shall cause other ballots to be prepared substantially in the form of those so wanting; and npon delivery of such ballots at the polling place by him, accompanied by his statement under oath, which shall be recorded by the town or village clerk, that the same have been so prepared and fur- nished by him, and that he failed to receive the original ballots, or that the same have been destroyed or stolen, or that the num- ber has proved insufficient, the ballot clerks shall cause such substituted ballots to be used in place of those wanting. Instructions. Sec. 147. Clerks to prepare. The several clerks whose isor., No. .•^. § i. duty it is to prepare the official ballots shall prepare full instruc- isol', i'o^^?,' s 21. tions for the guidance of voters in regard to obtaining ballots, ^^^^' ^^- ^' ^ -^• the manner of marking them, the method of obtaining assistance in marking such ballots, and as to obtaining new ballots in place of those accidentally spoiled ; and they shall cause such instruc- tions, together with such sections as provide penalties for of- fenses against the purity of elections, to be printed in large clear type, on separate cards, to be called cards of instruction. They shall, at least five days before the date of such election, furnish to the officer whose duty it is to preside at each polling place, at least five such cards and the sample ballots provided for in this chapter. Such officer shall forthwith post one of such cards of instruction and one sample ballot in plain view in the room where the ballots are to be cast and at least one of such cards and one sample ballot in each post-office in his town and one or more of such cards and sample ballots in and about the polling place. CHAPTER 12. WARNING AND CONDUCTING ELECTIONS. Sections 148-150. — Warning elections. Sections 151-154. — Preparation of polling places. Sections 155-165. — Additional polling places. Sections 166-174. — Election officers. Sections 175-181. — Process of voting. Section 182. — Excei)ti<>iis. Warning Elections. Sec. 148. Record. Warnings under the provisions of this v. s. § 110. title shall be recorded by the town clerk before being posted, ^f^'y^ ^5°i/^^' ^ ^- 120 PJIEl'AKA rioN OF l'()l.Ll.\(; I'LACES. [Title 3. state Offlcers, Sec. 149. General elections. The constable or, in his ab- ]89^>' No^^-'"' s 1 senee, the town clerk or. in his absence, a selectman, shall, in each v' s' 1^ 7 8 '''^' town, not less than twelve nior more than twenty days before the R. s.' 1,' § fi[ clay of a general election other than that for the election of R. 1797, p. 5'4(';, §' 2. clcctors, and, in the latter ease, not less than six nor more than K.^l787,^t' 49,' § 1. fiftt'en days before the day of holding snch election, post a notice Representatives to in writing in three public places in the town, warning the free- congress. ^^ ^^^^^ ^^^ ^1^^ town to meet on the dav of such election, at the usual 1849, xo. 19. place of holding general elections, to elect officers to be chosen 1842, No. 4, § 2. DO 1 R. s. 1, § 31. on that day; and such election shall be called at ten o'clock in 1822; p.*''23. ' the forenoon in towns whose population does not exceed two 181^' p' 13*^' thousand and nine o'clock in the forenoon in towns of larger }?% ^: §f population. 1794, p. 41. Presidential Electors 1-oT' ?■ ^^' o- '■■ !^- 1- § ^<^- ^^^^- >'"■ l-l- § 1- 1824, p. 4. § 1. l.Jl, Jan., p. _... js;,;,) >;,^ i;, jj v< j j; -,■_. -[Idl, p. 37. V. s. § 112. ^^ Sec. 150. Local elections. Annual or special town or vil- 1884,' No! «7. ""' lage meetings held for the purpose of electing officers in towns or villages of more than four thousand inhabitants shall be warned to meet at nine o'clock in the forenoon, and the polls shall be opened at that hour for the election of the officers to be chosen at such meeting. Preparation of Polling Places. 1904, No. 0. § 1. Sec. 151. Sets of ballot boxes. The board of civil au- R. L. I 78.' thority may direct the opening of sets of ballot boxes, not more 18G7! No.' 24. '§^2."' than five in a town, or in a city not more than the number of wards in such city, in the room where an election is held and divide the check-list into the same number of parts ; and no per- son shall vote except at the place provided for that portion of the list which contains his name. When additional sets of l)allot boxes are so opened, each set of boxes shall be considered a separate polling place so far as relates to the providing of voting booths and giiard rails and the appointment of l)allot clerks, and receiving, marking and depositing of l)allots. V. s. § ii:!. Sec. 152. Location and equipment. At least Hve days be- 1892,' No. 'i, §§' 24, fore a general or local election, the board of civil authority in 1890. No. 9, § 24. each town, the officer whose duty it is to sign the warning in each city and the trustees in each village, shall determine the number and situation of the polling places provided for in the preceding section in such town, city or village; and the first constable in towns (I1-, when he is absent or incapacitated, the cliaii'man of the board of selectmen, antl the aforesaid officers in cities and vil- lages, shall cause the sanu^ to be i)rovided with a sufficient num- ber of voting booths in whicli voters may conveniently mark their ballots and in the marking thereof be screeniHl I'roni the observation of others; and such booths shall be provided w illi the ])roper conveniences for marking ballots. 1900, No. 3, § 1. Sec. 153. Booths and guard rails. W each polling ])lai'e. 1892', lio.^t', § 2.-.. there shall be at least one voting booth ; ninl. when there are more is9o', No. 9! § 2.-. |],.,„ fy[^^y v,,t,.i.s (nialilied to vote at sueli polling i)laee, there shall be an additional voting booth for each additional lifty Chap. 12.] ADDITIONAL POLJJNC; PLACES. 121 voters or fraction thereof exceeding twenty-five and one addi- tional booth for every five hundred voters or fraction tliereof. Each booth shall be at least three feet square and contain a shelf at least one foot wide, extending across one side of such booth at a convenient height for writing. A guard rail shall I)e so constructed and placed that only such persons as are inside such rail can approach Avithin six feet of the ballot boxes and voting booths. Neither the ballot boxes nor the voting booths shall be hidden from those outside the guard rail. Sec. 154. Ballot boxes. The officers whose P()LLL\(; I'LACES. [TlTLK :J. 1004, i\o. 5, § 5. 1004, No. 5, § G. 1004, No. 5, § 7. 1004, No. 5, § 8. having additional i)olling places shall fnrnish such plaee.s with the proper subdivision of the cheek-list provided for in the second preceding section. The presiding officer of the central polling place shall distribute the ballots received by him for such town to be used at each general election, to the presiding ot^cer of each additional polling place in the proportion required by the number of voters on its subdivision of the check-list. Sec. 159. Posting list. The proper subdivision of the check-list shall, at least thirty days prior to a general election, be posted in a public place in the village where the polling place is established; and a copy thereof shall be lodged with the town clerk. When such check-list is completed, it shall be filed in the town clerk's office and two certified copies thereof delivered to the election officers of such polling place. Such check-list shall, in all other respects, conform to the provisions of law relating to the check-list of voters. A person whose name is not on a check-list shall not be allowed to vote at a general election. Sec. 160. Clerks and inspectors. AVlien the board of civil authority in a town appoints the ballot and assisting clerks, it shall appoint in like manner ballot and assisting clerks for the additional polling places. It shall also appoint three inspectors of election for each additional polling place, two of such inspec- tors to be taken from the party casting the largest number of votes at the last general election and the other from the party casting the next largest number of votes at such election. One of said inspectors shall be the presiding officer and one the assistant clerk for such polling place. The officers so appointed shall be sworn before entering upon the duties of their appointment. It shall be the duty of the assistant clerk at each additi'uial polling place to record the votes cast for representative to the general assembly at such polling place and return the same, certified by him, to the town clerk, who shall record the same as a part of the record of such election. A certified copy of such record shall be evidence in court. Sec. 161. Voting. The voting at each additional polling place shall be conducted as the voting at the central i)()lling place. Sec. 162. Counting and returning votes for representa- tive. The votes given for representative to the g(Mieral as- sembly at an additional polling place shall be counted by its inspectors of election at the same time and in the same inniin(>r as the votes given for representative to the general assembly are counted at the central ]X)lling ])lace ; and the number of votes cast at each additional polling place shall thereupon be com- municated by its assistant clerk, either in person or b\- telegraph or telephone, to the presiding officer at the central polling place. The canvassing board at the central polling ])lace shall aseerlnin the iiiiiiiber of vot(>s so reported in eoiitieet inn with the votes cast at the central polling ])lac(\ and snid presiding ot'licer shall declare the result according to Hie whoh' nniuber of votes so counted and make other required stalenicnls. In like manner, subsequent ballotings for representative to the general assemi)ly Chap. 12.] ELECTION OFFICERS. 123 shall be conducted at an additional polling place and reported therefrom. Sec. 163. Boxes sealed, etc. At the time when the boxes i904, xo. 5, § 9. containing votes for state and county officers and representative to congress are required to be closed and turned at the central polling place in a town, the boxes containing like votes at each additional polling place shall be closed, sealed securely by the presiding officer and conveyed forthwith by the assistant clerk to the presiding officer of the central polling place, who shall deliver the same to the canvassing board of such central polling place. Said board shall count the votes found in such boxes in connection with the votes found in like boxes at the central polling place and make returns of the whole number so counted. Sec. 164. Ballots preserved. The votes cast at each bal-i904, xb. 5, § lo. loting for town representative at an additional polling place shall be preserved, securely sealed up by the presiding officer and conveyed by the assistant clerk to the presiding officer of the central polling place to be delivered by him to the town clerk, who shall keep the same according to law. Sec. 165. General laws apply. The provisions of law re- 1904, xo. 5, § 11. lating to a general election at a central polling place shall, if no other provision is made, apply to such an election at an addi- tional polling place. Election Officers. Sec. 166. Generally. At elections in towns, the election of- r. i9og, § 152. ficers shall consist of the presiding officer, the board of civil I900', xo. 3, | f. authority, the assistant, ballot and assisting clerks and, as pro- i'gf)|- |jo^i r.; 04 vided. inspectors of election. At elections in cities and villages, ^^^- „ 9 § 33 the election officers shall consist of the officers who by law conduct elections therein, together with the ballot and assisting clerks. No person, other than the election officers and voters admitted as hereinafter provided, shall be permitted within the guard rail, except by authority of the election officers for the purpose of keeping order and enforcing the law. Sec. 167. Presiding officer. The presiding officer at gen- v. s. § lis. eral elections in towns shall I)e the first constable or, in his ab- Jlfo' jjo ^'^^ ^' sence or disqualification, one of the selectmen or, in their absence J^- I'- | l\ . . . tj. f<. 1, § 9. or disqualification, a justice. A constable, selectman or justice ^- ^- i; § 9^ shall be disqualified from presiding if he is knowingly a candi- u. if9*7, p. 547, 1 3. date for representative to the general assembly, or for senator, r'. its?', pp. 49, 50, assistant judge of the county court, judge of probate, sherifif or ^^ ^' ~" state's attorney. At local elections in towns, the moderator shall perforin the duties imposed by this title upon the presiding officer. At elections in cities and villages, the presiding officer at each polling place shall be the official charged with that duty by the laws relating to such cities and villages. Sec. 168. Ballot clerks. At least five days before an elec- 1900, xo. 4, § 1. tion, the board of civil authority in each toAvn and the trustees i,s94', xo. 2," § 1. in each village shall appoint four ballot clerks for each polling 1395; >^-o; 9' | zf place within their jurisdiction and shall fill any vacancy that occurs before the close of such election. Two of such clerks shall 124 ELKCnoX OFFICERS. [Title 3. 1900, No. 3, § 1. R. 1006. § luG. 1902, No. 3, § 1. V. S. § 120. 1S04. No. 2. § 1. 1802. No. 1, §§ 24, 26. ISOO. No. 9. §§ 24, 26. V. S. S 121. 1.S04, No. 2, § 1. 1892, No. 1. § 21 1886, No. 90, § ." K. L. § 69. 1S6G. No. 1."), § -i V. s. § 122. 1882 , No. 114, § 1. R. L. § 79. ] 868, No. 42, § 3. 1867. No. 24. 8 .'!. V. S. § 123. 1884, No. 59, § be appointed from the party easting the largest number of votes and two from the party casting the next largest numl)er of votes at the last general election* No candidate for any oi^ice to be voted for at a general election whose name is upon the state or county ticket or who is a candidate for representative to the general assembly shall be appointed a ballot clerk or per- mitted to go inside the guard rail during the voting, except for the purpose of voting. Sec. 169. Assisting clerks. 'I'hc officers in each town or village whose duty it is to appoint the ballot clerks shall, previous to the day of an election, appoint two persons for each voting booth, to be called assisting clerks, whose duty it shall be to re- main in their respective booths during the time for voting and assist in the marking of ballots, but shall offer no assistance un- less called upon by the voter. One person for each booth shall be appointed from the party casting the largest number of votes and one person from the party casting the next largest number of votes at the last general election. Sec. 170. Compensation. The compensation of the as- sistant, l)all<)t and assisting clerks in each town shall be fixed by the ])oard of selectmen. Sec. 171. Duties of ballot clerks. The ballot clerks shall have charge of the ])allots at an election and furnish them to the voters as hereinafter provided and, with the board of civil authority, shall canvass and count the votes cast at such election. At each polling place, a certified copy of the check-list shall be furnished to one of the ballot clerks designated by the board of civil authority. The ballot clerks shall ])e under the super- vision of the presiding officer, keep the ballots within the polling place and in plain view of the public and deliver them only to qualified voters. Sec. 172. Checking names. The town clerk or his assist- ant or, in their abscncn^, one of the selectmen, shall check the names of persons voting on such check-list, or a certified copy thereof, by making a mark opposite each name for each vote cast so as to indicate the officers voted for; and. in towns having over fifteen hundred names on such list, the town clerk may appoint a sufficient number of assistant clerks to assist in performing the above duty. At village elections, the village clerk or. in his absence, one of the trustees, shall check the names of persons voting on the cheek-list in the same mnnner as in towns. Sec. 173. Officers for extra sets of boxes. AVlicn addi- tional sets of l)allot boxes are opened under the provisions of section one hundred and fifty-one. the proper presiding officer shall hnve the general din>etion of the election, notify the voters at which place each subdivision of the check-list shall vote and receive the votes at one of such places. At each other place of voting, the votes shall be received by one of the board of civil authority named by the board; and the names of persons voting shall be cheeked by an assistant clerk. Sec. 174. Town clerk disqualified. At general elections, when the town clerk is a candidate for representative to the gen- Chap. 12.] PKOCESS OF VOTING. 125 eral assembly, all the duties imposed upon him or his assistant by the two preceding sections shall be performed by one of the selectmen or, in their absence, by a justice. Process of Voting. Sec. 175. Ballots produced. On the opening of the polls v. s. § 124. at each polling place, the presiding officer shall produce the isbo^ No! I', § 23! sealed package of official ballots and publicly open it and deliver one block of ballots to the ballot clerks. The other blocks of ballots, if any, shall be retained by the presiding officer, until they are needed for the puri)ose of voting. Sec. 176. Voter admitted behind rail. A qualified voter v. s. § 125. desiring to vote shall, before receiving his ballot, announce his isoo^ No! 9, § 20! name and place of residence in a clear and audible tone of voice to the ballot clerk or present the same in writing; and, if such name is found upon the certified copy of the check-list by the ballot clerk having charge thereof, he shall repeat the name, and the voter shall be allowed to enter the space enclosed by the guard rail, and the ballot clerk shall give him one ballot of a kind, and his name shall be checked at once on such list. Sec. 177. Marking. On receiving his ballot or ballots, the v. s. § 126. voter shall forthwith, and without leaving the polling place or ]Iq7)[ xo! 9; | 27! going outside the guard rail, retire alone to one of the booths not occupied by any other person and prepare his ballot or bal- lots by making in the appropriate margin or place, a cross (X) opposite the name of the candidate of his choice for each office to be filled, or by filling in the name of the candidate of his choice in the blank space provided therefor, and making a cross (X) opposite thereto; or, if he desires to vote for the entire list of candidates in any column, by making a cross (X) in the square over such column ; and, if a question is submitted to the vote of the people, by making in the appropriate margin or place, a cross (X) against the answer which he desires to give. Sec. 178. Assistance. A voter who, by reason of physical 1900, No. 3, § i. or mental disability, is unable to mark his ballot shall so declare jsgl' xo"^^!,' s 2n. to the jn-esiding officer ; and such voter shall then, upon request, ^^^^' ^°- ^' ^ -^■ be directed by said officer to a booth in which he may be assisted in the marking of his ballot by the two assisting clerks. Sec. 179. Folding and depositing. Before leaving the v. s. § 12s. booth, the voter shall fold his ballot or ballots separately, with- Itto, No! o! I 27! out displaying the marks thereon, and shall then deliver the ^' ^- ^^ ~^' ''" same, so folded, to the presiding officer or person authorized to receive the same. When the ballots are so delivered, the name of the voter shall be checked upon the check-list, and he shall proceed forthwith outside the guard rail by the exit and shall not again enter such enclosed space during such balloting, unless he is an election officer. No voter shall be allowed to occupy a booth more than five minutes when other voters are waiting to occupy the same. Sec. 180. Spoiled and unused ballots. No person shall v. s. 5 120. take or remove a ballot from the polling place before the close of Hqc,] xo! 9! | 2!! 126 (•()lN'rL\(i AM) Ki:TriL\L\"(i NOTES. ['J'lTLE 3. 1902, No. 4, § 1. V. S. § 130. 1892, No. 1, § 30. 1890, No. 9, § 30. 1906, No. 5, § 1. V. S. § 131. 1894, No. 3. 1892, No. 1, § 3;: the polls. If a voter spoils a ballot, he may obtain others, one at a time, not exceeding three in all, upon returning the spoiled ones ; and, if a person fails to use a ballot received from the bal- lot clerk, he shall, before going outside the guard rail, deliver the same to the presiding officer. The ballots thus returned or delivered shall be immediately cancelled and, together with those not distributed to the voters and those that have been delivered to the presiding officer, shall be preserved and secured in sealed packages and returned to the county, town or village clerk from whom the same were received, who shall preserve them in such condition until the adjournment of the general a.sseml)ly next after the election in which they were used, unless called for by some authority entitled to demand and receive the same. Sec. 181. Rejection of ballots. If the voter marks more names than there are persons to be elected to an office or if, for an}^ reason, it is impossible to determine the intent of the voter as to his choice for an office to be filled, his ballot shall not be counted for such office. If the board of civil authority is satis- fied and so decides by majority vote of those present, that any double or irregular markings of a ballot were made for the pur- pose of enabling it to be identified and the vote traced so as to defeat the secrecy and purity of the ballot law, such ballot may be rejected. Said board shall make a record of such rejection and the reason for it or the evidence on which it was based and shall file the same with the ballots counted as provided in section one hundred and ninety. No ballot, without the official indorse- ment, shall, except as otherwise provided, be deposited in the ballot box ; and none but ballots provided in accordance with this title shall be counted. Ballots not counted shall be marked ''defective" on the back thereof and returned and preserved as provided for returning and preserving ballots in the preceding section. Exceptions. Sec. 182. Application of Australian system. The pro- visions of nuiiibcr one of the acts ol' eighteen hundred and ninety- two sliali not apply to an annual or special meeting of a town or village held for the purpose of choosing town or village officers, unless the population of such town or village exceeds three thou- sand in number, or to an annual or special meeting of a town or village whose population exceeds three thousand and does not exceed eight thousand, unless such town or village, at its ainiual meeting or at a special meeting called for that pnrpose. votes to have them apply. CHAPTER 13. COUNTING AND RETURNING VOTES. Skctio.ns ISo-lSG. — Rei>ri'.'lden at in the state of Vermont, on the first Tuesday of Se]~>tember, A. D. ID , the votes for having been (Inly liiki'ii jiiid canvassed. Ihc following ix^rsoiis had the nunilter Chap. 13.] DUTY OF SECRETARY OF STATE. 129 of votes annexed to their names, respectively: [Here insert the names of the persons voted for, and the number of votes given for each person.] Attest: A. B., Presiding Officer. C. D., Town Clerk. County Officers. Sec. 192. Counting votes. The votes for county officers v. s. § i4i. shall be counted at five o'clock in the afternoon by such of the board of civil authority as are present, assisted by the assistant clerks and ballot clerks. Sec. 193. Votes for senators; notice. Lists of the votes v. s. § 142. for senators shall be made, delivered and canvassed and senators cons'. Art. 5. notified of their election in the manner prescribed in the con- {(, §; i; \\ 20', 21! stitution. ' Sec. 194. Senators' certificates. The certificates of votes 1902, No. 90, § 99. for senators shall l)e substantially in the form prescribed for isse" No. 35, § 1. certificates of votes for state officers. g! s.' 1, § '24. R. S. 1, § 22. 1806, p. 146, § 3. Sec. 195. Other county officers. A certificate of the votes v. s. § 145. for county officers, other than those for senators, shall be made Am.'const.' Art. 20. and delivered as prescribed in the constitution, a list of all per- io.' ^ °' ' sons voted for being included in such certificate ; and the names q^^|; f°-^ fj, of persons voted for shall be written on such list as they are ^^^^< ^'o- ^^' § '^• written on the votes. The presiding officer shall, at the same time, make a duplicate certificate, which, in a sealed package with the same superscription, he shall transmit by mail, within six days, to the secretary of state at I\Iontpelier. Sec. 196. Form of certificate. The certificate of votes for v. s. § i46. officers referred to in the preceding section shall be substantially '54.' .ion • £ 1870, No. 2, § 4. m the lollownig form : g. s. i. § 25. State op Vermont, Town of , ss. At a general election legally warned and holden at in the county of , on the first Tuesday of September. A. D. 19 , the votes for assistant judges of the county court, judge of probate, state's attorney, sheriff', high bailiff and justices of the peace, having been, duly taken, sorted and counted, the following persons had the number of votes annexed to their names respectively, for the several offices herein stated : [Here insert, under the name of each office, the names of the persons voted for and the number of votes given for each person.] Attest: A. B., Presiding Officer. Duty of Secretary of State and Legislative Canvassing Com- mittee. Sec. 197. Certificate not received. If the secretary of v. s. § 147. state does not receive, in due time, any certificate required to be 1870] No. "2, § 7. forwarded to him, he shall notify the clerk of the tovm. from ^^^^' ^°' "• ^ ^' which certificates are lacking, who shall forthwith make an 9 130 CONTESTIXG ELECTIONS. [Title 3. attested copy of the record in his office of such lacking certificates and transmit the same by i«ail to said secretary. V. s. § 148. Sec. 198. Returns tabulated; blanks. Said secretary shall 1870,' No. 2, s 8. make a statement, l)y towns and counties, of the votes given for 1868, No. L>, § 4. state and county officers and for representative to congress, according to the certificates transmitted to him, and shall keep such statement and such certificates and deliver the same, when called for, to the respective committees appointed by the general assembly to canvass such votes; and he shall also furnish town clerks such instructions and blank forms as are necessary to carry out the provisions of this chapter in respect to such cer- tificates. R. 1900. § 183. Sec. 199. Canvassing votes. The votes for secretary of V. s.' §*i49. ' ' state, auditor of accounts and attorney general shall be sorted 1884, No. 69, § 7. j^j^^j countccl and the result declared by the committee appointed by tlie senate and house of representatives to canvass the votes for governor, lieutenant-governor and state treasurer; and, in the event of no election by the freemen, of secretary of state, auditor of accounts or attorney general, the senate and house of representatives shall, by .joint ballot, elect to fill the office not filled by the freemen, one of the three candidates for such office, if there are as many, for whom tlic greatest number of votes are returned. V. s. § i.jO. Sec. 200. Final disposition of certificates. The canvass- g! s." 1,^^20. J'^S" eonnnittee, after the canvass, shall deposit the certificates in 1850". No. 6i; § 2. tim office of the secretary of state. Canvassing Votes at Local Elections. v. s. g 151. Sec. 201. When; how. At local elections, the polls shall 33.' * "• 1' §» - • close and the votes for the officers to be elected thereat shall be counted at two o'clock in the afternoon. Such of the board of civil authority as are present, assisted ))y the assistant clerks and ballot clerks, shall canvass the votes cast at such election. CHAPTER 14. CONTESTING ELECTIONS. V. s. § ir,2. Sec. 202. Representative ; notice. No person shall contest Q- s." 1 ^''27. ^^^^ election of a returned representative to the general assem- R. s. 1, § 24. ]j\y^ unless it appears that such representative was notified in writing of the intention to make such contest, within six days from the day of such election. V. s. § i.^>3. Sec. 203. Testimony. No testimony shall l)c used at the G s' 1 V'^f. hearing of a contested election, unless taken in writing, within 1848, No. 10. tiie town where the person resides whose election is contested. I83V, No. 20. before a justice, not an inhabitant of such town, who !)>■ law may .judge between the parties, at least six days before the eommence- ment of the session of the general assembly; nor unless it appears by the certificate of such justice, that such person had received at least six days' notice of the time and place of taking such testimony; and such testimony shall be taken within fourteen davs after sudi election. 1827, No. 24 Chap. Lk] IfEPRESEXTATlVES TO ( OXGRESS. 131 Sec. 204. Same; rebuttal. The person \vliose election is v. s. § 154. contested ma\- take testimony in his behalf, at the time and place a', s." 1, § 20. set for taking testimony against him, without notice, or at any r^"*|; j^ §■ 20. ' time and place within such town, before a justice, as aforesaid, J|^|; 5^'°; fl by giving six days' notice in writing to the person contesting his election ; and he shall close the taking of his testimony within eight days after the taking of the testimony of the contestant; and the contestant shall close his rebutting testimony within six days thereafter. Sec. 205. Depositions. No deposition shall 1)0 used before i904, No. 58, § 1. the committee to canvass the votes for governor, lieutenant- issV, No. eo, § 8. governor, state treasurer, secretary of state, auditor of accounts J]; g- |^ ^1^30. and attorney general, as to the legality of such votes, unless it ^gj|- ^ l^^s. appears by the certificate of the justice taking such deposition, that the presiding officer and the selectmen of the town in which such votes were given, were duly notified of the time and place of taking such deposition, and that the same was taken within such town at least ten days before the session of the general assembly. Sec. 206. Form of testimony. Testimony in contested v. s. g ir.n. elections and as to the validity of votes shall be taken, as nearly ols. 1, §31. as may be, in the form prescribed for depositions to be used in r/'s' £/*§ 0=; civil causes. 1S2T, no. 24. 1834, No. 26. Sec. 207. Witnesses. Witnesses duly summoned and ten- v. s. § 157. dered their fees shall make their depositions in cases of contested g! s. i, § 32. T> QJ -| g Oft elections at the time and place mentioned in the summons. issV, No. 26, § 3. CHAPTER 15. CANVASSING VOTES AND SPECIAL ELECTIONS FOR REPRESENTATIVES TO CONGRESS. Sec. 208. Canvassing committee. A committee for each v. s. § iss. congressional district shall be appointed by the general assembly g. s.' 1, s 42. within one week from the commencement of each biennial session 1832' No. 11,' § 3. thereof; which committees shall canvass the certificates of votes given for representative to congress in their respective districts and declare the person having a majority of the votes in each district elected, and forthwith give notice thereof to the governor. Sec. 209. List of certificates. The committee shall make a v. s. § 150. list of the certificates from the several towns, with the number of g". s." i, § 4S. votes for each person, designating such as are illegal, and lodge 1S3V no. 11,' § 7. a copy of the same and the original certificates with the secretary of state, to be kept by him until the close of the first session of the Cosgress for which such election was made. Sec. 210. No choice; notice. If, in any district, no pei-son v. s. §160^^ has a majority of the votes, the committee shall forthwith give a', s.' 1, § 43. • R ^5 1 5 39 notice thereof to the governor and forward to him a statement jssV. No' ii,' § 4. of the number of votes given for each person. Sec. 211. Special election. The governor, on receiving v. s. § ifii. such notice, shall forthwith issue a proclamation, which shall be a. s." i. § 44. published in each newspaper printed in such district, that no i'^^^' ^*'- ^'^- ^ -• 132 PRESIDKXTIAI. KLKCTOliS. [Titlk 3. R. s. 1. § 40. election has been made in sueli district and stating the number of i8:5o! No. 22. ' votes given for each candidate; and the prochimation shall re- 1828, No. lo. quire the freemen of the district to meet on tlie Tuesday next after the first IMonday in November following, at one o'clock in tlie afternoon, in the places in the several towns where the gen- eral elections were last held, to elect a representative to congress; which election shall be conducted as before provided in case of a general election. V. s. § 162. Sec. 212. Certificate of votes. A certificate of the number a', s.' 1, §*^45. of votes for each candidate taken at such election, signed, re- i84|, No^ 4,^§ 3. corded, sealed up and superscribed as heretofore provided, shall 1832, No. 11, § 5. be delivered by the presiding officer to the clerks of the respective counties in such district, Avithin one week after such election, v. s. § 163. Sec. 213. Canvassing. Such county clerlvs or, in case of 1874,' No. 71. the absence or disability of a clerk, the sheriff of the county, shall issf,' No. ^6.5.^^' ^'' meet to canvass such votes on the third Tuesday succeeding such ?83l' No^M"'«^5' election, at the following places in tlieir respective districts: in district number one, at the court liouse in INIiddlebury ; and in district number two, at the AVhite River Junction House in Hartford. V. s. § 104. Sec. 214. Same. They shall be severally sworn and shall g! s". \^%' 46, 49, publicly canvass the votes ; and, in case of an equal division as i85i' No G.5. to the admission of votes, shall call to their aid a judge of the R.^s. 1, §§ 42, 47, court of the county in which they meet, who shall thereupon have 1832, No. 11, §§ 5, an equal voice with them on that question ; and they shall declare the person having the greatest number of votes elected and give notice thereof to the governor, v. s. § 16.5. Sec. 215. List made, etc. Thcv shall make a list of the cer- T> T 8 1 OR * c,'. s. 1, § 48. tificates from each town and the number of votes for each person, I'ssf, No! if,' § 7. designating such as they judge illegal, and lodge certified copies with the county clerks of the district, to be open for inspection, and shall preserve the original certificates until after the first session of the Congress for which such election was made. Sec. 216. "Vacancy. If a vacancy occurs in the office of rep- resentative to congress in a congressional district, the governor shall issue a proclamation directing an election to be made in such district to fill the vacancy, on a day designated in such procla- mation ; and such election shall be held and the result ascertained and declared as provided in cases where there is no election on the first Tuesday in September. CHAPTER 16. ELECTION OF ELECTORS OF PRESIDENT AND VICE-PRESIDENT. V. s. § 107. Sec. 217. Warning, etc. In tlie year when \ho election of g! k \^T% r.4, 07, president and vice-president of the United States occurs, a notice isGoi No. 10 shall be posted in each town as hereinl)efore provided, warning 1848, No. 14, §§ 1. {]^Q freemen to meet and vote for the number of electors to which n. 's. 1, §§ .^,2, -,4. the state is entitled; and such election shall be lield and the votes for such electors taken and counted as provided for state of- V. s. § 166. U. I.. § 109. G. S. 1, § 52. R. R. 1, § 50. 1832, No. 11, § 16. 1822, p. 29, § 15. 1817, p. 110, § 1. 1798, p. 21. 1 79.-., p. 39. 1794, p. 41. Chap. 10.] PRESIDENTIAL ELECTORS. 133 ficers; and a list of the names of persons voting shall be kept I824, p. 4. s§ 1, 2. 1,1 1 1 1791, p. 37. by the clerk. Sec. 218. Certificates of votes. When an election of elec- v. s. § les. tors is liatl, two eertiiicates of the number of votes given for each r. l! s.iii-' candidate shall be made and signed by the presiding officer of g. s.'i. °§§ 55/59. the election at which the votes are cast. The certificates shall be \gll[ ^^ ^f I ^ in the following form : J^go|- ^' ^^^C'- ., State op Vermont, Town of , ss. At a general election legally warned and liolden at , on the Tuesday next after the first Monday in November, A. D. 19 , the votes for electors of president and vice-president of the United States having been duly taken and examined, the folloAving named persons had the number of votes set to their names respectively: [Here state the names of persons voted for and the numter of votes for each.] GTiven under my hand at this day of , A. D. 19 . A. B., Presiding Officer. Sec. 219. Disposal of certificates. The presiding officer v. s. § ico. shall seal up one of such certificates and write thereon the nameit. \l §'112.' of the town and the words "Certificate of votes for Electors, "^^^|'/5^-g\^y %^ and shall, within two days after such election, transmit such ^g|J- ^.^ ^^ certificate by mail to the secretary of state at Montpelier for the «• s.' 1. §§ 57, 5s. . . 1824, pp. 4, G, Sj§ 2, use of the canvassers. The other certificate shall, within two 3. days after such election, be delivered by the presiding officer to the town clerk, who shall file and record the same in his office and, within four days after such election, transmit a certified copy thereof to the secretary of state at Montpelier. X certified copy of the certificate filed in the town clerk's olifice or of the record thereof may be used by the canvassers if the other certificate is lost or defaced. Sec. 220. Canvassing. The lieutenant-governor, secretary v. s. § 170. of state and speaker of the house of representatives shall consti- fgsoi No"i36, $ 3. tute a board to canvass the votes for electors. Said board shall ^-J^- ^' §§ ^^' 6^- d4. meet at the state house in IMontpelier on the third Tuesday in R- s. 1, §§ 57, 60, November of the year in which the votes are cast and, being duly 1824', pp. 4, 7, §§ 2, sworn, shall there publicly canvass such votes and declare the persons, equal to the number of electors to be chosen, having the greatest number of votes, elect^ed electors of president and vice- president of the United States, and give notice thereof to the governor and to each person elected, within five days thereafter. If any member of the board fails to appear at the meeting on the third Tuesday in November, the governor shall appoint some one to act as member of the board in his place. Sec. 221. Lists made. The canvassers shall make a list v. s. § 171. of the certificates from the several towns with the number of isso.' xo^^i.^fi. § 4. votes for each person, designating such as are illegal and shall p- fj^'^^so"" lodge a certified copy of such list in the ofifice of the secretary 1S24. p. V., § 4. of state, open for inspection, and preserve the original eertifi- 134 PENALTIES. [TiTLK 3. R. 190C, § 208. V. S. § 172. 1888, No. i:i4, § 1. R. L. § 115. 1880, No. l.-^C, § 5. 1876, No. 1)1. G. S. 1, § 03. R. S. 1, § 60. 1824, p. 6, § 5. V. R. § 17.S. R. L. § 116. 1880, No. i;{0, § 0. cates until after the election of president and vice-president is declared. Sec. 222. Electors meeting. The persons declared elected shall meet at the state house in Montpelier on the second ^Monday in January following their election, to vote for president and vice-president of the United States, agreeably to the laws of the United States; and, if there is a vacancy in such electoral col- lege on such day, occasioned by death, refusal to act, neglect to attend, or in any other manner, or for other cause, the other electors present shall at once fill, by viva voce and plurality of votes, such vacancy; and, when all the electors appear, or the vacancy therein is thus filled, such electors shall perform the duties required of them by the Constitution and laws of the United States. If a vacancy occurs and is filled as aforesaid, the electors shall attach to the certificate of their votes a state- ment showing how such vacancy occurred and their action thereon. Sec. 223. Compensation. Said electors shall each receive for attendance upon the meeting provided for in the preceding section, the sum of ten dollars and actual expenses. CHAPTER 17. OFFENSES AGAINST THE PURITY OF ELECTIONS. Sections 224-226. — Penalties upon otHcers. I Sections 227-230. — Penalties upon voters. ; . ■ Sections 231-240. — Miscollanoous. V. S. § .5117. R. L. § 4207. 3 874, No. 58, § 1. . 17.] PENALTIES. 1.3.5 Penalties upon Voters. Sec. 227. Voter casting more than one ballot. A legal v. s. § siii. voter -who knowingly gives in at an election more than one ballot o! s." i, § Qi'. at any one time of balloting for the same office shall be fined not u. f. i'^'^^gV' more than one hundred dollars, if the offense is committed at a Jggo" '^^'o^-n't 12 general election, and not more than ten dollars, if the offense is Jf ^i'^oE- ^'^l:. committed in town meeting, in Avhich last case the offender shall it9.^ p! 17. be prosecuted l)y the town agent and the penalty shall go to ' ' ' ^' the town. Sec. 228. Voter showing ballot, etc ; interference with v. s. § 5121. voter. A voter who, except in cases of assistance as provided in iloo,' No. l] § I*' this title, allows his ballot to be seen by another person with an apparent intention of letting it be known how he is about to vote or makes a false statement to the presiding officer at an election as to his inability to mark his ballot or places a distin- guishing mark on his ballot, or a person who interferes with a voter when inside the giiard rail or who, within the building in which the voting is proceeding, endeavors to induce a voter to vote for a particular candidate, shall be fined fifty dollars. It shall be the duty of the election officers to see that the offender is duly prosecuted. Sec. 229. Voting in more than one town. A person who, v. s. § 5115. on the same day, votes in more towns than one for the same of- o. s.' 1, § 70! ficers shall be fined not more than one hundred dollars. 42 vt. 399. l%{k p ^130 Sec. 230. Voter omitted from list voting in another town. v. s. § 5118. A person resident and entitled to vote in a town in which a Istg; yo.^tt'. check-list of voters has been made previous to an election, whose name, through his neglect, is not entered thereon, who votes in another town at such election, shall be fined not more than two hundred dollars. Miscellaneous. Sec. 231. Perjury before board making check-list. A v. s. § 5120. 7. person who knowingly swears falsely to a fact or matter which isgg.' no. is," § may be the subject of incpiiry by the board of civil authority in ""^ ^'^- •^-^"• revising the check-list as provided in this title shall be guilty of perjurj^ and imprisoned in the state prison not more than fifteen years and fined not more than one thousand dollars. Sec. 232. Procuring wrongful change in check-list. A v. s. § 5119. person who, directly or indirectly, procures or causes to be pro- isec.' no.''*i5, g§ 5, cured or aids in procuring the name of a person to be inserted ^" on a check-list of voters, knowing such person not to be a voter in the town for which such list is made, or, directly or indirectly, procures or causes to be procured or aids in procuring the name of any person to be erased from such list, knowing him to be a legal voter in such town, shall be fined not more than one hun- dred dollars to the use of the town. Sec. 233. False answer as to right to vote. A person who v. s. § sue. knowingly gives a false answer or information to the presiding q; s.' 1. t'es! officer at a general election, or the authority present to decide ^' ^- ^' ^ ^^■ upon the qualifications of voters, touching a per.son's right to 136 PENALTIES. [Title 3. vote at such election, shall be fined not more than one hundred dollars. V. s. § 51(1!). Sec. 234. Unqualified person voting. A person who votes 1874^ No."58,' § 2. at a tovvn, village or school district meeting or a general election R. f. i', I 6s. fo^ 3^ officer to be elected at such meeting or election, knowing r\^70t?p.^55I, "§'?. ^^^* ^^ ^^ ^^^ ^ qualified voter, shall be fined not more than one hundred dollars. i:. its?, p. si. 1793, p. 17. V. s. g 5110. Sec. 235. Same. A person who personates another, living 1884. No. Gi, § 1. Qj. (jgjj^i^ j^jj(j gives or offers to give a vote in the name of such other person, or gives or offers to give a vote under a fictitious name, at a town, village or school district meeting or a general election, for an officer to be elected at such meeting or election, shall be imprisoned not more than one year or fined not more than one hundred dollars. v. s. § 5112. Sec. 236. Aiding unqualified person to vote. A person g! s." 1, fr,9. who wilfully aids or abets a i)or8()n who is not a voter in voting R. s. 1, § GO. Qj. attempting to vote at a general election shall be fined not more than one hundred dollars. V. s. § 511.'?. Sec. 237. Bribery; threats; undue influence. A person g! s.' 1, V^i. ^^'^^ attempts by bribery, threats or any undue influence to dic- 183I" i'o^ 11' § 1*^ ^^^^' control or alter the vote of a freeman about to be given at P-A"^^^' P- ^^^*^' § ^- a general election shall be fined not more than two hundred 179.-?, p. 17, § 4. ? . 32 vt. 54G. dollars. V. s. § 5114. Sec. 238. Giving intoxicating liquor to voter. A person g! s.' 1, \~it'. who, directly or indirectly, gives intoxicating liquor to a free- man with intent to influence his vote at an election specified in the preceding section, or as a reward for the same, shall be fined not more than two hundred dollars. V. s. § 5122. Sec. 239. Destroying list of candidates; hindering voting. i89oi No! 0! § 35! A person who, prior to an election, wilfully defaces or destroj's any list of candidates posted in accordance with law, or, during an election, wilfully defaces, tears down, removes or destroys any card posted for the instruction of voters, or, during an election, wilfully removes or destroys any of the supplies or conveniences furnished to enable a voter to prepare his ballot, or wilfully hin- ders the voting of others, shall be fined fifty dollars. V. s. s 5123. Sec. 240, Destroying certificates of nomination, etc. A i89oi No. 9, I 's(i. person who falsely makes or wilfully defaces or destroys any certificate of nomination or nomination paper, or any part thereof, or any letter of withdrawal, or files a certificate of nomi- nation or nomination paper or letter of withdrawal, knowing the same, or any part thereof, to be falsely made, or suppresses any certificate of nomination or nomination paper, or any part thereof, which has been filed, or forges or falsely makes the official indorsement upon a ballot, or wilfully destroys or defaces a ballot, or wilfully delays the delivery of ballots, shall be fined one liiindi'cd dollars. R. S. 1, § 72 1806, p. 14 r- * INDEX. ADDITIONAL POLLING PLACES, sec. 155-165 (jScc iN»iiiiif; pisifCN: Additional.) ADJOURNMENT, General election not adjourned until, 184 ADVERTISING, Candidacy, provisions as to, 105-107 ALLEGIANCE, OATH OF, Required after removal and non-resi- dence 69 AMENDMENTS, CONSTITUTIONAL, Proposed, placed on ballots how; voted on how, 138, 177 ASSISTANT CLERKS, Additional pollini; places; duties, 160, 162-164 Appointment 160, 172 Caucuses, duties at 129 Checking names, 129, 172, 173, 179 Counting and returning votes, duties as to, 162, 163, 183, 187, 192, 201 Election officers include, 16G Pay, 129, 170 BALLOT BOXES, sec. Additional polling places 157, 163 Additional sets of, 151, 173 Furnisliing of; designation; color; custody 154 Notice given before turning, when,.. 183 Number to be opened, 151, 154 Turning before time, penalty for, . . 225 BALLOT CLERKS, Additional polling places, 160 Appointment; vacancies; disqualifi- cations, 128, 160, 168 Ballots delivered to voters by, 17C Caucuses, town committee to appoint for, 128 Checking names of voters, 17G Counting and returning votes, duties as to, 162, 171, 183, 187, 192, 201 Duties, generally, 171 Election officers include, 166 Pay, 170 Substituted ballots used by direction of, when, 146 BALLOTS, ADDITIONAL POLL.IXG PLACES, furnishing, 158 preservation 164 sealing, 163 Australian sj'stem not to apply, when, 182 Ballot clerks to have charge of, 171 Blank spaces for voting 136, 139 Blocks of one hundred, furnished in, 143 Candidates may select party, 135 Cards of instruction to be furnished and posted, 147 Caucus law, how prepared and fur- nished under 127 Color and general requisites, 133 Constitutional amendments, how placed on; voting 138, 177 Deficiencies supplied how, 146 Delivery to voter 176 Expense of printing and distributing paid by whom 131 Folding and delivery of, by voter, . . 179 FORM, blank spaces for marking 136, 139 constitutional amendments, 138 generally, 133, 134 indorsements; void without, ..140, 181 local elections, 137 *This pamphlet contains the general law relating to elections, as included in Title 3 of the Pub- lic Statutes. Certain provisions relating to this subject, not appearing herein, will be found in the Constitution, and elsewhere in the Public Statutes. ASSISTANT JUDGES COURT, OF COUNTY Canvassing votes for representatives to congress, duties as to, 214 County officers include, 65 ASSISTING CLERKS, Additional polling places, 160 Appointment; pay, 160, 169, 170 Duties, 169, 178 Election officers include, 166 ATTORNEY GENERAL, Canvassing votes for; no choice, ... 199 State officers, included in, 65 AUDITOR OF ACCOUNTS, Canvassing votes for; no choice, State officers, included in, .... 199 65 AUSTRALIAN SYSTEM, Not to apply, when, 182 EALLOTS, ('o)iliinied, FORM, Conlhuicd, party columns, 13G vaciincy .supplied, how uisltIcmI on ballot. 141 Inspection, when to be ready for, . . 132 List of those cast filed in town clerk's office, when; evidence, 160 Lost, stolen or insufficient, how sup- plied, 146 Marking, by voter, 177, 178 Nominations arranged on, how, 134-137 Number furnished each polling place, 144, 158 PEIVALTIES, false statement of inability to mark, 228 forging indorsement on; destroy- ing or delaying delivery, 240 placing distinguishing mark upon, 228 showing ballot with intent to dis- close for whom cast, 228 Preservation of those cast, . .104, 181, 190 Presiding officer to produce, 17-5 Printed and distril)uted by whom; expense, 131 Hejected, when; marking; preserva- tion, 181 Sample ballots; posting, 142, 147 Sending to polling places; receipt, .. 145 Spoiled or unused, disposition of, . . . 180 Vacancies filled, how placed on, .... 141 Voting, process of, 1 75-179 (fSec Votiiis» Process of.) BLANKS, Caucus ballots, 127 Certificates of intention Ill Secretary of state to furnish certain, 198 BOARD OF CIVIL AUTHORITY, {Sec Civil Aiitliority, i*oartes.) KXECl T!A K <)ll GEXERAI, COM- MITTEE:, caucuses, time for holding fixed by 12G certificates of names of; conclusive- ness; objections, 108, 109 Nominations by, 91, 92, 100 (Sec Xoiiiiimtioiis.) CONSTABLES, List of candidates posted by 103 Polling i)laces equipped by, 152-154, 157 Presiding ollicers at general elections, 1G7 (See I'rfNidiiiK- OfHfers. ) Warning elections; jiosting, ....149, 217 CONSTITUTIONAL AMENDMENTS, Ballots, how placed on, 138 Voting on, manner of, 177 CONSTRUCTION OF STATUTES, Board of civil authority, CG Citi/.ens G7, G9 County officers, G5 Electors G5 Residence, G8-73 Separate polling places, in case of additioiKil boxes 151 State ofTi<-ers G5 CONTESTING ELECTIONS, Representatives to general assembly, notice before contesting election of, 202 CONTESTING ELECTIONS, Con- sec. tinuecl, Testimony, 2O3-20G Witnesses; fees, 207 CONVENTIONS, Nominations l)y 91, 92 ( /S'CC >p«n»>iii:«li<»iis. I COUNTING AND RETURNING VOTES, Additional polling i)laces 1G2, 1G3 Assistant clerks' duties, 1G2, 1G3, 183, 187, 192, 201 Ballot cl(>rks' duties, 1G2, 171, 183, 187, 192, 201 Civil autlioritv's duties, 7G, 171, 183, 187, 192, 201 County officers; certificates, 1G3, 192-196 198, 200 Ijocal elections, 201 Presidential electors; certificates, 217-219 Representatives to congress; certifi- cates, 187-191 Representatives to general assem- bly, 162, 183 Secretary of state's duties if certifi- cates not received 197 Senators, 193 State officers; certificates, 187-191 198, 200 COPIES, CERTIFIED, Check-list 84, 159. 171 Presidential electt)rs, certificates of votes for, 219 Votes cast at additional polling places, IGO CORRUPTION, Nomination, corrupt practices to se- cure 104-107 COUNTY CLERKS. H ALLOTS. blocks of one hundred each, 14:5 cards of instruction as to 147 form, etc., 133-13G, 138-141 number furnished, 144 printed and distributed by direc- tion of; expense 131 ready for insi)ection, when 132 sample ballots furnished 142, 147 sending to polling places 145 spoiled and unused, preserved by, . ISO Certificates of nomination filed and preserved by 9G-9S Lists of candidates furnished by, . . 103 Representatives to congn^ss, canvass- ing vot(>s for :it siH>cial (>]ertions, 2i:; 21G COUNTY OFFICERS. Ballots cast for, prest>rvalion of 190 Counting and returning votes for; certificates 192-19G INDEX. COUNTY OFFICERS. ('<>,ili,iH<(h sfx. Defined G5 Returns of votes tabulated by secre- tary of state, 19S Unorganized towns and gores, resi- dents vote for where, SO CREDENTIALS, Representatives to general assembly, 185, 186 •♦ COUNTY COURTS, JUDGES OF, Canvassing votes for representative to congress, 214 County officers include assistant judges, G5 DECLARATIONS OF INTENTION, Students may make, for voting pur- poses, 73 Voters may make to retain residence, 71 Voters to make, under caucus law, if petitioned for, 112 DEFINITIONS, ( taking 74 voter losing residence, must take, 69 INDEX. OATHS, Continued, SEC. I PENALTIES, Continued, SEC. Ofl5cers at additional polling places, IGO Perjury before board ol; civil author- ity 231 Revision of check-list, by board of civil authority, 79, 88, 231 PAUPERS, Residence for voting purposes, 73 PENALTIES, Aiding person not a voter, to vote, . . 236 Attempting to influence voter in vot- ing places, 228 BAl,I>OTS, destroying or delaying delivery of, 240 forging, or making indorsements on, 240 showing, marking, or making false statement as to ability to mark, 228 Bribery at caucuses, 124, 130 Bribing, intimidating, etc., to con- trol vote, 237 CANDIDATES FOR AOMINATIO-V, corrupt practices by, 104, 105, 107 newspapers supporting for pay, . . 106, 107 Cards of instruction as to; posting, 147 CAUCUS LAW, bribery 124, 130 generally, 130 voting at another party's caucus, 123, 130 Certificate of nomination, etc., falsely making or defacing, 240 CHECIv-UISTS, procuring wrongful insertion or erasure of name, 232 swearing falsely before board re- vising, 231 voting in other towns when name omitted froni: 230 Corrupt practices to secure nomina- tion 104-107 Defacing or destroying list of candi- dates, or election supplies, 239 Falsely making, defacing, etc., cer- tificate of nomination, etc., 240 Forging, making, etc., indorsement on, or destroying or delaying de- livery of ballot, 240 Giving false answers to presiding of- ficer, 233 Intoxicating liquor given to influence vote 238 Neglect of duty by public officers, . . 226 Newspapers supporting candidacy for pay, 106, 107 Nomination, paying money to secure; exceptions, 104, 105, 107 PRESIDIIVG OFFICERS, receiving illegal vote 224 turning box before time, 225 Pi'ocui'ing wrongful insertion of name or change in check-list 232 Prosecution of offenders, 227, 228 Showing, marking, or making false statement as to ability to mark ballot, 228 Voter omitted from check-list, by his fault, voting elsewhere, 230 AOTI.VG, in another town, when name omitted from check-list 230 in another's name 235 in more than oue town for the same oflacer, 229 more than once for the same offi- cer, - 227 when not qualified, 234 Wilfully hindering a voter, 239 PERJURY, Before board revising check-list, PETITIONS, 231 Additional polling places, voters may petition for, 155 Caucus check-list, for use of, 110 Certificates of intention, under cau- cus law, for use of 112 POLITICAL PARTIES, Ballots at general elections, arrange- ment of names on, 136 Ballots for caucuses furnished by, . 127 Candidate nominated by more than one, to elect which he represents, 135 Caucus check-list, arrangement of names on, 115 Caucuses, date of fixed by, when; •time, 125, 126 Designated how, in certificates of nomination, 92, 94, 95 Election officers appointed from, 128, 160, 168, 169 Names of committees certified; con- clusiveness; objections, 108, 109 Representation on board of civil au- ' thority; powers of appointees, .... 76 POLLING PLACES, ADDITIO-VAI,, assistant clerk at; duties, 160, 162-164 assisting clerks and inspectors, . 160 ballot boxes, sealing and disposi- tion of, 163 ballots for, furnished how, 158 ballots, preservation of, 164 certificates of election signed by whom, 186 check-list for, 156, 158, 159 counting and returning votes at, . . 162, 163 equipment 157 general laws apply, 165 inspectors of election, 160, 162 IXDKX. POLLING PLACES, Continued, ADDITION A I,, Continued, presiding officers at; duties, SEC. ; PRESIDING OFFICERS, Continued, sec. IGO 1G3, 1G4 record of votes cast at; evidence, ICO selectmen may locate 155 towns of two or more villages may have, 155 voting at, 1 CI Ballot l)<)xes for 151, 154, 157 {Sec ItJillot Boxes.) Ballots supplied how, 144-14G Closing of 1C3, 183, 187, 192, 201 Exclusion from within guard rail, 166, 168, 179 Number determined how, 152 Opened at what hour, 149, 150 V It K I» A It A TI O V O F, ballot boxes, additional sets of. . . 151 booths and guard rails, . . .152, 153, 157 location and equijiment, generally, 152 sample ballots and cards posted in and about, 147 PRESIDENTIAL ELECTORS, Canvassing votes for, 219-221 Certificate lost, copy used by can- vassers, 219 Certificates of votes for; form; dis- position, 218, 219 Check-list used, 82 Electors construed, 65 Meeting of; fees. 222, 223 Vacancy filled how 222 Votes taken and counted how 217 Voting for, in another town, allowed when, 72, 73 Warning for election of, ...148, 149, 217 PRESIDING OFFICERS, Additional polling places; duties, ., ICO 163, 164 Additional sets of boxes opened, to have direction of election, 173 Assistance furnished to person unable to mark ballot 178 Ballot clerks under supervision of, 171 FAI-I-OTS, destroyed, stolen or insufficient; du- ties 146 distributed by, to additional poll- ing places, 158 distribution generally, 175 receipt for 145 spoiled, cancelled by, 180 B.\I.L,OT BOXE.S, supervision of additional .sets of, 173 notice of intention to turn 183 turning before time; penalty, 225 Candidates disqualified to act as, wlien 167 Cards of instruction and sample bal- lots posted l>y 147 Certificates of election signed by,.. 185 Conntv officers, duties as to votes for;" certificate 195, 196 Election officers include, 166 General elections 167 Local elections, 167 Penalties for offenses by, 224-226 Presidential electors, duties as to certificates of votes for, 218, 219 Representative not elected on first ballot, duties, 183, 184 Representative's election declared by, 185, 186 Special election of congressman, du- ties as to certificates 212 State officers and congressmen, du- ties as to votes for, etc., 187-190 Votes and certificates delivered to town clerk by 164, 190 PRISONERS, Residence for voting purposes not affected, 73 PUBLICATION, Candidates for office may present views by; limitation 105, lOG QUALIFICATIONS OF VOTERS, Approbation of board of civil au- thority, 74 Caucuses, voters in 122 Check-list con<'lusive as to, ..83, 90, 159 Citizensliip defined 67, 69 Disqualifications stated in check-list; effect, 75. 83 Freemen's oath required, 69. 74 General elections 68-74 Local elections 90 Removal and non-residence, provi- sions as to cases of, 69 Residence, provisions as to, 68-73 Residence retained by filing declara- tion 71 Soldiers, prisoners, students, etc., special provisions as to, 73 Unorganized towns and gores, SO Voting allowed in another town, when, 72, 73 RECEIPTS, Presiding officers at elections, fur ballots, 145 RECORDS. Additional polling places, votes cast at ; evidence, 160 Presiding officer's statement as to shortage of ballots 146 Rejection of ballots ISl, 190 Votes for state officers and congress- m(>n 1 S7 AVarnings recorded before posting, 148 REPRESENTATIVES TO CONGRESS, Ballots ca^t for, preservation of. ... 190 Canvassing votes for; certificates. . . 208 209, 212-216 Check-list used 82 INDEX. REPRESENTATIVES TO CON- sec. GRESS, Continncd, Counting and returning votes for; certificates, 187-191 Returns tabulated by secretary of state, 198 Special elections for; procedure, 211-21G Unorganized towns and gores, resi- dents vote where, 80 Vacancy, special election to fill 21G Voting for, in another town, allowed when, 72, 73 REPRESENTATIVES TO GENERAL ASSEMBLY, Ballot boxes for; color; designation, 154 BAI.I.OTS, preservation of those cast, 190 printing and distribution; num- ber, 131, 132, 144 separate ballots, 134 Certificate of election, 185, 186 Contesting election of, 202-207 Counting and returning votes for, . . 162, 183 Election not adjourned until chosen, unless, 184 Majority lacking, another balloting had, 183 Record of votes for, at additional polling places 160 Residence required of voters for; disqualification stated in check-list, 68, 75, 83 Turning ballot box containing votes for, 183 RESIDENCE, Check-lists to give, 75, 117 Requisites for voting piu'poses, ....68-73 SAILORS, Residence not gained or lost by ser- vice, 73 SCHOOL MEETINGS, Illegal voting in 234, 235 Presiding officer receiving illegal vote, 224 SECRETARY OF STATE, Blanks furnished by, Ill, 198 Canvassing votes for; no choice, . . . 199 Certificates of nomination filed and preserved by, 96-98 Certificates of votes for congressmen kept by, 209 Certificates of votes not received, du- ties, 197 Constitutional amendment proposed, certified to county clerks 138 Member of canvassing board for pres- idential electors; duties 220, 221 Returns tabulated by; disposition, . . 198 State nominations certified by, 99 State officers includes, 65 SELECTMEN, . sec. ADDITIONAL POLI.IXG PLACES, check-list sub-divided for, 156 located by, 155 Appointments to board of civil au- thority made by, 76 CHECK-LISTS PREPARED BY, caucuses, when; posting, 114, 117 general elections; posting 75, 156 local elections; posting, 85 Check names when 172 Civil authority, members of board of, ^ 66 Pay of assistant, ballot and assisting clerks fixed by, 170 Polling places equipped by chairman, when, 152-154. 157 Presiding officer, one to act as, when, 167 Town clerk's duties performed by one, when 174 Warning elections, 149, 150 SENATORS, Counting and canvassing votes for; certificates 193, 194 County officers include 65 SHERIFFS, County officers include, 65 Votes for congressmen canvassed by, when; duties, 213-215 SOLDIERS, Resideni-e for voting purposes, 73 SOLDIERS' HOME, Inmates' qualifications as voters, ... 73 SPEAKER OF HOUSE, Member of canvassing board for presidential electors; duties, ..220, 221 STATE OFFICERS, Ballots cast for, preservation of, ... 190 Canvassing votes for 199, 200 Counting and returning votes for; certificates, 163, 187-191, 198, 200 Defined, 65 General assembly to elect certain, if no choice, 199 Returns tabulated by secretary of state 198 Unorganized towns and gores, resi- dents vote where, SO Voting for, in another town, allowed when 'i^, '73 STUDENTS, Declaration of intention filed by, for voting purposes "3 STATE TREASURER, State officers, included in, 65 10 IXDEX. STATE'S ATTORNEY, sec. County officers, includod in, 65 TOWN AGENTS. Prosecutions by, for illegal voting, . 227 TOWN CLERKS, AIJIJITIOXAL, l'OL,KI.VG I'l^ACES, ballots preserved, when 164 fheck-list for, furnished by, 158 record of votes at, 160 ASSISTANT CLKRKS, additional polling places; duties, 160, 162-164 appointment; duties 172, 173 caucuses, checking names at, 129 BAI.I-OTS, form and contents, 133-lo7 printing and distribution, 131, 132 ready for inspection when 132 sample ballots provided by, 142 spoiled or unused ballots preserved by, 180 town representative and justices, . 131 transmission to i)iTsiding officer, . 145 votes kept by, 164, 190 CAUCUS I.A\%% ballot clerks, certificate of appoint- ment filed 128 caucuses, duties at, 129 certificates of intention filed by; fees, 113 check-list, copy filed by, 117 check-list lodged with, when checked 129 Cards of instruction to voters fur- nished by, 147 Certificates from, to enable voting in another town, 72 Certificates of election signed by, when, 186 Certificates of nomination preserved by, 98 CERTIFICATES Ol' A OIKS, copies made when, 197, 219 presidential electors; filing and record, 219 state officers, etc.; attesting; dupli- cates 188, 189 Certified copies of election records furnished by, when 197, 219 Checking names, 172, 179 CHECK-UISTS PILED BY, additional polling places; copies, 159 general elections; evidence, ....84, 159 local elections, 85 Civil authority, member of board of, 66 Disqualified to act, when 174 Elections warned by, when; record, 148, 149 Presidential electors, duties as to cer- tificates of voti-s for 219 TOWN CLERKS, Confiinied, sec. Presiding (jfficer's statement as to shortage of ballots recorded by, . 146 Spoiled and unused ballots preserved by, 180 State officers and congressmen, du- ties at election of, 187, 188, 190 Warnings recorded bj' 148 TOWNS, Australian system not to apply, when 182 Civil authority, board of, constituted how 66 Election officers, generally, 166 TRUSTEES, VILLAGE, Check-list prepared by, when, 86 Members of board of civil authority, 66 UNORGANIZED TOWNS AND GORES, Residents vote where, 80 VACANCIES, Ballot clerks, 168 Canvassing board for presidential electors, 220 Death or withdrawal of candidate, 100, 101, 141 Political party unrepresented on board of civil authority, 76 Presidential electors, 222 Representative to congress; special el(>ction, 216 VILLAGES, Australian system not to apply, when 182 Ballot clerks and assisting clerks ap- pointed by trustees 168, 169 Ballots printed and distributed by clerks, when; form 131-137 Check-lists at local elections prepared how; posting; filing, 86 Civil authority, board of, constituted how, 66 Clerk or trustees to check names, . . 172 Election officers, generally 166 Lists of candidates posted by clerks, 103 Officers' duties, generally, 87 {See lending titles.) Presiding officer's statement as to shortage of ballots recorded by clerk 146 Spoiled and unused ballots preserved by clerk 180 Trustees to piM^imrc checlc-list, when, 86 VOTERS, Offenses l)y. {See iV'iiiim«'H. ) Qualifications of 67-74 (/See 4tun I illral Ions ol' \o(«T?».) "^ INDEX. 11 VOTES, SEC. (Sec also Ballots.) Disposition of votes cast, 1G4, 190 Roford of,, at additional polling places, IGO VOTING BOOTHS, {See I'olliiiK I'laoeN.) VOTING, PROCESS OF, Additional polling places, 161 Assistance rendered voters, when, . . 178 Ballots procured by voters, how,.... 176 Ballots produced by presiding officer, 175 Folding and depositing, 179 VOTING, PROCESS OF, t'onlinued, sec. Marking, 177 Rejection of ballots, 181 Spoiled or unused ballots, provisions as to, 180 Voters admitted behind rail, when, . 176 WARNING ELECTIONS, General elections 149 Local elections, 150 Presidential electors, election of, ... 217 Record of warning, 148 WITNESSES, Contested elections, 207