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SEC. 163. The necessary blanks for making the registers required shall be prepared by the Secretary of State and shall be furnished by the county clerk, or by the city, village, incorporated town or town clerk, as the case may be.
ARTICLE XII. .
CONDUCT OF ELECTIONS AND PRIMARIES.
SEC. 164. The polls shall be opened at six o'clock A. M. and closed at five o'clock P. M.
SEC. 165. Upon opening the polls, one of the clerks or judges of election shall make proclamation of the same, and at least 30 minutes before the closing of the polls proclamation shall be made in like manner that the polls will be closed in half an hour.
SEC. 166. Before any ballot shall be deposited in the ballot box, the ballot box shall be publicly opened and exhibited, and the judges and clerks shall see that no ballot is in such box; after which the box shall be locked and the key delivered to one of the judges, and shall not be again opened until the close of the polls. SEC. 167. Each clerk of the election shall keep a poll list. The name of each elector voting shall be entered upon each of the poll books by the clerks, in regular succession, under the proper headings.
SEC. 168. The primary poll book shall be substantially in the following form:
This is to certify that the above and foregoing is a correct list of primary voters at a primary held on the... ..day of... A. D........ in the ..precinct, in the. ..county and State of Illinois. That at said primary the undersigned judges and clerks served as required by law and are entitled to pay therefor.
Clerks of Primary.
Judges of Primary.
SEC. 169. After the opening of the polls, no adjournment shall be had, nor shall any recess be taken, until all the votes cast at such election or primary election shall have been counted and the result publicly announced. SEC. 170. From the time of the opening of the polls until the canvass of the votes and the signing of the official returns of such canvass, the ballot boxes and all official ballots shall be kept within the guard rail. No person
shall be admitted within the guard rail during such period, except judges, clerks, duly authorized challengers, persons admitted by the judges to preserve order and enforce the law and persons duly admitted for the purpose of voting.
SEC. 171. The judges of election shall allow at least one, and not more than two, legal voters of each party to the contest, to be chosen by the parties respectively, into the room where the election is held, to act as challengers of voters at such elections; and such challengers may remain with the judges and clerks until the votes are all canvassed and the result declared.
At primary elections the candidate or candidates of each party may appoint, in writing, over his or their signature, two party agents or representatives, who shall act as challengers or watchers for such respective candidate or candidates in each precinct or election district. Such challengers or watchers shall be protected in the discharge of their duties by the primary judges and peace officers and shall be permitted to remain within the polling place in such position as will enable them to see each person as he offers his vote, and such challengers or watchers may remain within the polling place throughout the canvass of the vote in such positions as will enable them to see the canvass and until the returns are signed. All challengers or watchers shall be qualified primary electors residing within their respective wards, senatorial or congressional districts and shall have the same power as challengers at general elections.
SEC. 172. Besides the persons authorized by law to be within the polling placę, not more than two voters in excess of the whole number of voting booths provided shall be allowed in the enclosed space at one time.
SEC. 173. Any person desiring to vote shall give his name and if required to do so, his residence, and if at a primary, his party affiliation, to the judges of election, one of whom shall thereupon announce the same in a loud and distinct tone of voice, clear and audible.
If the person desiring to vote is not challenged, and, at elections where registry is required, his name is on the registry of voters, one of the judges shall give to him one, and only one, ballot, on the back of which such judge shall endorse his initials in such a manner that they may be seen when the ballot is properly folded. In voting at a primary the judge shall give to the voter one, and only one ballot of the political party with which he declares himself affiliated. No person who refuses to state his party affiliation shall be permitted to vote at a primary. At all elections where a registry may be required, if the name of any person so desiring to vote at such election is not found on the register of voters, he shall not receive a ballot until he shall have complied with the law prescribing the manner and conditions of voting by unregistered voters. If the person desiring to vote is challenged he shall not receive a ballot until he shall have established his right to vote as hereinafter provided.
SEC. 174. Whenever a person offering to vote at an election, or primary, is not personally known to the judges of election, or, if registration is required, his name is not on the register of voters, or if his vote is challenged, he shall make and subscribe an affidavit, which shall be retained by the judges of election and returned by them with the poll books, which affidavit, in case of a challenged vote at elections, shall be in the following form: STATE OF ILLINOIS COUNTY OF..
do solemnly swear (or affirm) that I am a citizen of the United States (or "that I was an elector on the first day of April, A. D. 1848," or "that I obtained a certificate of naturalization before a court of record in this State prior to the first day of January, A. D. 1870," as the case may be); that I have resided in this State one year, in this county 90 days and in this election district 30 days next preceding this election; that I now reside at (here give the particular house or place of residence, and, if in a town or city, the street and number), in this election district; that I am 21 years of age and have not voted at this election. So help me God (or "this I do solemnly and sincerely affirm," as the case may be).
Subscribed and sworn to before me this....day of....... A. D. 19....
And which affidavit, in the case of a challenged vote at a primary, shall be in the following form:
STATE OF ILLINOIS
do solemnly swear (or affirm) that I am a citizen of the United States, of the age of twenty-one years or over, and am qualified to vote under and by virtue of the constitution and laws of the State of Illinois, and am a legally qualified voter of this precinct, that I now reside at.. (insert street and number, if any) in this precinct, and am a member of and affiliated with the.. party; that I have not voted at a primary of another political party within a period of two years prior to this date; and that I voted at the... city, village or town primary, with the... the...
.election held in. which said. ..political party was entitled at said primary to make nominations of candidates for city, village or town offices only, and for no other offices, and that the name or names of no candidate or candidates of the.. ..political party (the political party with which the primary elector declares himself affiliated) were, at such city, village or town primary, printed on the primary ballot; that I have not signed the petition for nomination of a candidate of a political party with which I am not affiliated, and that I have not signed the nominating papers of an independent candidate for any office for which office candidates for nomination are voted for at this primary.
Subscribed and sworn to before me this...... .day of..
Judge of Primary.
SEC. 175. In addition to such affidavit, the person so challenged shall produce a witness personally known to the judges of election and resident in the precinct or district, or who shall be proved by some legal voter of such precinct or district, known to the judges to be such, who shall take the oath following, viz:
I do solemnly swear (or affirm) that I am a resident of this election precinct or district and entitled to vote at this election (or primary), and that I have been a resident of this State for one year last past, and am well acquainted with the person whose vote is now offered; that he is an actual and bona fide resident of this election precinct or district, and has resided herein 30 days, and, as I verily believe, in this county 90 days, and in this State one year next preceding this election (or primary).
SEC. 176. The oath, in each case, may be administered by either of the judges of election.
political party at
SEC. 177. The ballot for the election of officers shall be prepared by the voter as follows:
On receipt of his ballot the voter shall forthwith, and without leaving the enclosed space, retire alone to one of the voting booths so provided and shall prepare his ballot 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 writing in the name of the candidate of his choice in a blank space on such ticket, making a cross (X) opposite thereto; and in case of a question submitted to the vote of the people, by making in the appropriate margin or place a cross (X) against the answer he desires to give. If, however, he shall desire to vote for all of the candidates of one political party. or group of petitioners, he may place such mark at the appropriate place preceding the appellation or title under which the names of the candidates of such party or group of petitioners are printed, and the ballot so marked shall be counted as cast for all of the candidates named under that title. The voter may, however, place such mark at the appropriate place preceding the appellation or title of one party or group of petitioners and may also mark, at the appropriate place preceding the name or names of one or more candidates printed under the appellation or title of some other party or group of petitioners, and a ballot so marked shall be counted as cast for all the candidates named under the appellation or title which has been so marked, except as to the officers as to which he has placed such mark preceding the name or names of some other candidate or candidates printed
under the title of some other party or group of petitioners, and as to such it shall be counted as cast for the candidate or candidates preceding whose name or names such mark may have been placed.
SEC. 178. The primary election ballot shall be prepared by the voter as follows:
On receiving from the primary judges a primary ballot of his party, the primary elector shall forthwith and without leaving the polling place, retire alone to one of the voting booths and prepare such primary ballot by making a cross (X) in the square in front of and opposite the name of each candidate of his choice for each office to be filled.
Any primary elector may, instead of voting for any candidate for nomination or for committeeman whose name is printed on the primary ballot, write in the name of any other person affiliated with such party as a candidate for the nomination for any office, or for committeeman, and indicate his choice of such candidate or committeeman by placing to the left of and opposite the name thus written a square and by placing in the square a cross (X).
SEC. 179. Before leaving the voting booth, the voter shall fold his ballot so as to conceal the marks thereon. Such voter shall then forthwith vote by handing the judge the ballot received by such voter. Thereupon the judge shall deposit such ballot in the ballot box. The clerks shall thereupon enter the name of such voter and his residence, and, if at a primary, his party affiliation in the poll books. The voter shall quit the enclosed space as soon as he has voted.
SEC. 180. No voter shall be allowed to occupy a voting booth already occupied by another, nor remain within such enclosed space more than ten minutes, nor to occupy a voting booth more than five minutes, in case all of such voting booths are in use and other voters waiting to occupy the same. No voter, not an election officer, shall, after having voted, be allowed to re-enter such enclosed space during such election. No person shall take or remove any ballot from the polling place before the close of the polls. No voter shall vote or offer to vote any ballot except such as he has received from the judges of election in charge of the ballots. Any voter who shall, by accident or mistake, spoil his ballot, may, on returning such spoiled ballot, receive another in place thereof.
SEC. 181. Any voter who may declare upon oath that he can not read the English language, or that by reason of any physical disability, he is unable to mark his ballot, shall, upon request, be assisted in marking his ballot by two of the election officers, of different political parties, to be selected from the judges and clerks of the precinct in which they are to act, to be designated by the judges of election of each precinct at the opening of the polls. Such officer shall mark the ballot as directed by the voter, and shall thereafter give no information regarding the same. The clerks of election shall enter upon the poll lists after the name of any elector who received such assistance in marking his ballot a memorandum of the fact. Intoxication shall not be regarded as a physical disability, and no intoxicated person shall be entitled to assistance in marking his ballot.
CANVASS OF THE BALLOTS.
(a) At General Elections.
SEC. 182. Immediately upon closing the polls the judges shall proceed to canvass the votes polled. They shall first count the whole number of ballots in the box. If two or more ballots are folded together, so as to appear to have been cast by the same person, and the number of ballots exceeds the number of names entered on each of the poll lists, the ballots so folded together shall be rejected, and if the number of ballots still exceeds the number of names entered upon each of the poll lists, such ballots shall be replaced in the ballot box and the box closed and well shaken and again opened, and one of the judges shall publicly draw out and destroy so many ballots, unopened, as shall be equal to such excess.
SEC. 183. The vote shall be canvassed in the room or place where the election is held, and the judges shall not allow the ballot box, or any of the
ballots, or either of the poll lists or either of the tally papers to be renewed or carried away from such room or place until the canvass of the vote is completed and the returns carefully enveloped and sealed.
SEC. 184. The number of ballots agreeing with the poll lists, or being made to agree, as provided in the last preceding section, the judges shall then proceed to canvass the votes in the manner following:
(1) The judges shall place in separate piles all the ballots known as "straight ballots," à separate pile for each political party or group of petitioners. Each judge shall carefully examine each pile and ascertain that all the ballots are "straight ballots." The judges shall then announce to the clerks the number of votes received by each candidate upon such "straight ballots." The clerks shall then set such number of votes down, in figures, opposite the names of the respective candidates, in a column provided for that purpose upon the tally sheets. Such column shall immediately adjoin upon the left the space reserved for tallies, and shall be headed, "Number of votes received upon 'straight ballots.''
(2) The judges shall then proceed to count and announce the votes received by each candidate upon all ballots other than "straight ballots." The clerk shall set down in figures the number of votes received by each candidate other than votes received on "straight ballots," in a column provided for that purpose upon the tally sheets immediately adjoining on the right the spaces reserved for the tallies and which shall be headed, "Number of Votes Received Upon Ballots Other Than on 'Straight Ballots.' The clerks shall then add together the number of votes received by each candidate as shown by the two columns of figures. If the results do not agree, then the tally mark of each clerk shall be carefully recounted. If there then remains a discrepancy the ballots shall then again be counted.
(3) The judges shall then proceed to count and announce the votes received upon each constitutional amendment or other public measure.
(4) After comparing the results, and correcting errors, if any, and finding that the tally sheets agree and are correct, each clerk shall set down, in figures, in a column provided on the tally sheets for that purpose, on the extreme right hand side hereof, headed, "Total Number of Votes," the total number of votes received by each candidate, and by each constitutional amendment or other public measure.
(5) Thereupon one of the clerks shall announce in a loud voice to the judges and persons present the total number of votes received by and counted for each candidate, and for each constitutional amendment or other public
(6) The tally sheets having been thus prepared, verified and closed, the judges and clerks shall sign a certificate that the same are true and correct. SEC. 185. If the voter marks more names than there are persons to be elected to an office, or if for any reason it is impossible to determine the voter's choice for any office to be filled, his ballot shall not be counted for such office. No ballot without the official endorsement shall be allowed to be deposited in the ballot box, and none but ballots provided in accordance with the provisions of this Act shall be counted. Ballots not counted shall be marked "defective" on the back thereof, and ballots to which objection has been made by either of the judges or challengers shall be marked "objected to" on the back thereof, and a memorandum, signed by the judges, stating how it was counted, shall be written upon the back of each ballot so marked and all ballots marked "defective" or "objected to" shall be enclosed in an envelope, securely sealed and so marked and endorsed as to clearly disclose its contents. All ballots not voted, and all that have been spoiled by voters while attempting to vote, shall be returned by the judges of election to the officer or authorities charged with the printing and distribution of the ballots, and a receipt taken therefor, and shall be preserved six months. Such officer shall keep a record of the number of ballots delivered for each polling place, the name of the person to whom and the time when delivered, and he shall also enter upon such record the number and character of ballots returned, with the time when and the person by whom they are returned.
SEC. 186. Immediately after making proclamation of the result and before separating, the judges shall fold in two folds, and string closely upon a single piece of fiexible wire, all ballots which have been counted by them, except