By

other officer implied.

expression is used in reference to a State, district, or county election, it shall be deemed to mean an election by the qualified voters, to be held at the places of voting in the various precincts or justices' districts whose voters have a right to vote in the election of the officers designated.

§ 2. Whenever a duty is imposed upon or a power con"sheriff" fided to a Sheriff" in reference to an election, the same shall apply to any other officer or person acting as such at an election, and to the deputies of the sheriff, such other officer or person, in the same manner as if the duty were imposed upon or the power confided expressly to such other officer, person, or deputies; except that, in comparing returns or giving the casting vote in the election of a county judge to fill a vacancy, no deputy shall act without the express written authority of the principal.

tion" defined.

§ 3. "Officer of election," as used in this chapter, means "Officer of elec- a judge, clerk, or sheriff, or person acting as sheriff at an election; also, a member of the board for examining pollbooks or returns, or making returns.

I R. S., 431.
Precincts.

ARTICLE II.

Precincts, &c.

§ 1. The election precincts and places of voting in the several counties in this State shall be the same as the districts and places fixed by law for the election of justices of the peace, unless otherwise specially provided for by law.

§ 2. That elections in the city of Louisville, except those City of Louisville for justices of the peace and constables, shall be held in each ward thereof, the place of voting to be designated by the mayor and council thereof.

County court has

power to estab

justices' dis

tricts.

To divide jus

tices' districts in

to election pre

cincts.

3. County courts shall have power to establish justices' districts, and divide justices' districts into two or more election precincts, and to establish the lines, boundaries, and places of voting in such precincts, and to change the lines and boundaries of justices' districts or election precincts upon the petition of any one or more voters interested, if it shall seem right and proper to the court so to do: Provided, That no justices' district or election precinct shall be Not to be done created, or the lines of any justices' district or election prenext precedingan cinct or place of voting changed, within sixty days next prebe ceding an election: Provided further, That notices shall be posted at the court-house door, and at least five of the most

To alter lines and

boundaries.

within sixty days

election.

Notices to

posted.

To be done only

at regular term

of court.

If election can

not be held at

the regular place, judges may adjourn to the most

convenient place.

public places in the district or election precinct to be affected by the change, setting forth the change desired to be made at least twenty days before said application is made to the court; and said application shall only be made at a regular term of the court. If, for any good cause, an election cannot be held at the house appointed as the place of voting, the judges of the election may, on the morning of election, adjourn it to the most convenient place, after having publicly proclaimed the change and posted notice of the same. § 4. An election for two justices of the peace shall be When justices held in each justices' district on the first Saturday in May, 1875, and on the same day every fourth year thereafter; and for a constable on the first Saturday in May, 1873, and on the same day in every second year thereafter.

§ 5. The term of office of justices of the peace and constables shall always commence on the first day of June, in the year of their election. Justices of the peace shall enter on the duties of their respective offices as soon after their terms commence as they shall have received their commissions and qualified thereunder, and shall have filed the same, with the certificate of qualification thereon, in the county court clerk's office.

ARTICLE III.

Elections, how held.

constables elected

Term of office of

justices and constables.

432.

R. S., shall annually ap elections.

County court

point officers of

tion.

§ 1. Each county court shall, annually, appoint two discreet voters in each election precinct as judges, and a clerk of the election, to act as such in their precinct, who shall hold their offices until their successors are appointed and qualify; and so long as there are two distinct political parties Their qualificain this Commonwealth, the judges, clerk, and sheriff, in all elections by the people under the Constitution and laws of the United States, and under the Constitution and laws of this State, shall be so selected and appointed as that one of the judges at each place of voting shall be of one political party, and the other judge of the other or opposing political party, and the like difference shall exist at each. place of voting between the sheriff and clerk of elections: Provided, That there be a sufficient number of persons of each political party resident in the several precincts to fill said offices.

§ 2. The sheriff shall, at least five days before the next Myers' Sup., 712 ensuing election, give each judge and clerk written notice

Notice to officers.

provided for.

of his appointment; and each of such clerks shall be furnished with a poll-book by the county clerk, which shall be paid for out of the county levy.

§ 3. Should the court fail to appoint such judges or clerk, Failureto appoint or either fail to attend for thirty minutes after the time for commencing the election, or refuse to act, the sheriff shall appoint a suitable person or persons to act in his or their stead for that election.

oath.

§ 4. Each judge and clerk of an election shall, before enOfficers to take tering on the duties of his office; take the oath prescribed by the Constitution before some justice of the peace, or other person authorized to administer an oath; or, if no such officer be present, it may be administered by the sheriff, his deputy, or person acting for him.

リ

§ 5. Such judges shall superintend the election, determine Myers' Sup., 190. upon the legality of all the votes offered, see that they are Duties of judges. properly recorded with the voter's name, in the poll-book kept for that purpose, commencing at the head of each column with the figure 1, and so continuing the count, in numerals, down to the foot of the page; attend to the proper summing up of the votes, certify the poll-book over their signatures, and deliver the same, inclosed in an envelope, sealed by them, before they separate, to the sheriff. They shall also make out duplicate statements, in writing, signed by them, of the number of votes received by each candidate, one copy of which shall be retained by each of the judges, and shall serve as evidence of the result of the election, if the poll-book is not produced. When the judges disagree, the sheriff shall act as umpire between them. Each clerk, in the presence of the judges, shall sign his name at the foot of every page of the poll-book, as the election progresses, so that the same may be thereby identified. (a)

1 R. S., 433.

When office of

§ 6. If the office of sheriff is vacant, or if the sheriff or his deputy is a candidate at any election, all his duties persheriff is vacant. taining to that election shall be performed by the coroner and such deputies as he may appoint for that purpose; if the coroner is absent, or his office vacant, or he is a candidate, then such duties of the sheriff shall be performed by some person appointed for that purpose by the presiding judge of the county court, and the deputies of such person, if the presiding judge is not himself a candidate. But if

(a) For construction of this, see Clark vs. McKenzie, 7 Bush, 529.

the presiding judge is himself a candidate, or if, from any cause, a sheriff is not in attendance, the judges of the election at any precinct, or, if one of them is absent, the other judge may appoint a person to act in the place of the sheriff for the election on that day in that precinct. In case of disagreement between the judges, the clerk may appoint such person.

R. S., 434When voter is not

personally known to judges.

§ 7. If a person offering to vote is not personally known to one of the judges or the sheriff as a qualified voter, he shall be interrogated, under oath administered by one of the judges or the clerk, as to his qualification. If, from his statement so made, he appears to be qualified, he shall be admitted to vote, unless his right is disputed by one of the judges or the sheriff, or by some other person present. If so disputed, the judges shall hear witnesses, not exceeding two in number on each side, as to his qualifications, and decide as may appear right from the proof and the statements of the party. The word "sworn" shall be written opposite the name of every one so voting. Nothing in this section shall be construed to exempt a foreigner from pro- Foreigner. ducing his certificate of naturalization, unless his qualification is known to one of the judges or the sheriff, or is proven to their satisfaction.

dence.

§ 8. The following rules shall be observed in determining Rules as to resithe residence of a person offering to vote:

1. That shall be deemed his residence where his habitation is, and to which, when absent, he has the intention of returning.

2. He shall not lose his residence by absence for temporary purposes merely; nor shall he obtain a residence by being in a county or precinct for such temporary purposes, without the intention of making the county or precinct his home.

3. By removal to another State or county, with intention to make his permanent residence there, he loses his former residence.

4. So, also, he loses his residence here by removal to and residence in another State, with intention to reside there an indefinite time, or by voting there, even though he may have had the intention to return here at some future period.

5. The place where the family of a married man resides shall, generally, be considered his residence, unless the fam

ily so resides for a temporary purpose. If his family is permanently in one place, and he transacts his business in another, the former shall be his residence.

$9. If a person is objected to as not being a citizen, in Citizenship and addition to any questions the judges may think proper to ask, the following shall be put to him:

residence.

I R. S., 435.

Presidential election.

1. Have you resided in this State two years, or in this county one year immediately preceding this election? and have you resided in this precinct sixty days next preceding this election?

2. Have you been absent from this State during the two years immediately preceding this election? and if so, did you, while absent, consider this State as your home, or did you, while absent, vote in another State?

§ 10. If the person is objected to as not a resident of the county or precinct in which he offers to vote, then, in like manner, the following questions shall be put to him:

1. When did you last cone into this county (or precinct)? 2. When you came into this county (or precinct), did you come for a temporary purpose merely, or for the purpose of making it your home?

3. Did you come into this county (or precinct) for the purpose of voting in it?

ARTICLE IV.

Time of Holding Elections.

§ 1. The election of electors of President and Vice President shall be held on the Tuesday next after the first Monday in November, one thousand eight hundred and seventysix, and on the same day in every fourth year thereafter. But the Governor may, by his proclamation, appoint the same day in any other year, pursuant to the act of Congress, for holding the election, in the event of a vacancy in the offices of President and Vice President.

§ 2. The election of Representatives in Congress shall be Representatives held on the Tuesday next after the first Monday in November, one thousand eight hundred and seventy-four, and on the same day in every second year thereafter.

in Congress.

R. S., 436. Other officers.

§ 3. The election of all other officers, not otherwise provided for, shall be held on the first Monday in August; and thereafter, on the same day of each year, as the terms of office regularly expire.