§ 3895. Absent Clerk's Place Filled-Extra Pens and Pencils Removed. In case one or more of said election clerks shall not be present at the time prescribed by law, the judges and other clerks of the election board shall, viva voce, elect a qualified person to act as clerk of election until the tardy appointee arrives, and in case he does not arrive within one-half hour, to serve in his stead. The person so chosen, in addition to the other qualifications, shall be of the same political affiliation as the absent official. The new official shall take and subscribe the official oath before acting. The compensation allowed the substitute shall be deducted from the pay of the tardy official. While the counting is being conducted no one of the board shall be allowed to have at or in his hands any pencil or pen of any kind, except the clerks keeping the official tally sheets and the second judge engaged in numbering and signing his name on the back of each ballot after it is counted and handed to him, and the clerks and the second judge shall have and use only pen and ink. All extra pens and pencils shall be removed from the place where the count is being conducted; provided, however, that candidates, or their duly appointed agents, to such reasonable number, not more than three, as apply to the judges, shall be allowed to have desk facilities outside the guard rail, but near enough to distinctly hear the chairman as he reads aloud each ballot, so they may be able to keep a private tally sheet in accord with the official clerks. The chairman, especially, shall not have any pen or pencil, at hand or in his hand, during the time of taking out, unfolding and reading and counting the several ballots. § 3896. Opening and Closing Polls—Conduct of Election and Count. All general, special and presidential elections held in this state shall be conducted under the provisions of this act, and the polls shall be opened at the hour of 8 o'clock in the forenoon and continue open until 8 o'clock in the afternoon of the same day, at which time the polls shall be closed. Prior to opening the polls the chairman of said judges of election shall make public proclamation of the same, and thirty minutes before closing of the polis public proclamation shall be made by the same officer that the polls will be closed in half an hour. The judges, in their discretion, may adjourn the polls at 1 o'clock for one hour, proclamation of the same being made, but the judge, and clerks shall keep together, and at no time shall more than one of them be out of the presence of the others. The ballot boxes, poll books, ballot stubs and tally sheets shall be constantly kept together in the presence and view of at least four of the said officers, and the candidates and persons duly appointed, as provided in section 3909, from the opening of the polls until the count is completed and the returns signed and sealed as hereinafter provided; and after the count has once begun it shall continue until fully completed, without any adjournment, and in the presence of all judges and clerks and persons duly authorized to be present. § 3897. Supervisors of Elections in Counties Over One Hundred Thousand— Duties of-Appointment of Election Judges and Clerks. In any and all counties of this state having a population of over 100,000 inhabitants, as shown by the last preceding national census, the board of county commissioners shall, at the second meeting of said board in January preceding a general election, appoint a duly qualified elector to act as supervisor of election in each precinct of the county. Said supervisor of election shall act as chairman of one of the boards of judges and clerks of election. It shall be the duty of said supervisor of election to prepare a list of electors suitable and qualified to act as judges and clerks of election and present such list to the board of county commissioners by the first Monday in February following. At the second meeting of said board in February it shall appoint an additional judge and three clerks and the other judges and clerks for each precinct, where more than one board is deemed necessary. Said judges and clerks shall each be duly qualified, registered electors within the precinct or contiguous precincts for which they are appointed, able to read, write and speak the English language and of sufficient intelligence to perform their duties correctly. The members of each of said boards of election shall not all be members of the same political party. [Laws 1923, chapter 206, section 1, pages 294, 295.] § 3898. Compensation of Supervisors, Judges and Clerks of Election. The compensation of be paid to each of said judges and clerks and supervisors of elections shall be $3 for each and every day's service actually performed, and the county clerk or auditor of the county is authorized to audit all bills for said services in the same manner as other bills are audited. § 3899. General Election Laws Effective. All the provisions of the general election laws of this state not in conflict with the provisions of this act are hereby continued in full force and effect in each of the counties affected by this act. § 3900. Repeal of Conflicting Laws. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. § 3901. Certificates of Nomination. In all special elections the certificate of nomination may be filed at any time between the date of the writ authorizing the election and ten days previous to the time of holding the election, and in all other matters and proceedings therein the provisions of this act shall apply, so far as the same are applicable, to such special election. § 3902. Challenges. It shall be the duty of each judge or clerk of election, or any elector present, to challenge any person offering to vote whom he shall know or suspect not to be qualified as an elector. § 3903. Oath and Examination of Elector. If a person offering to vote is challenged as unqualified by anyone enumerated in section 3902, the chairman of the said judges shall administer to him the following oath or affirmation: You do solemnly swear (or affirm) that you will fully and truly answer all such questions as shall be put to you touching your place of residence and qualifications as an elector at this election. The chairman shall then propound such questions to the person challenged as may be necessary to test his qualifications as an elector at that election. The judges may hear such other testimony and consider such other evidence as is proper upon the question. If all the judges can not agree, the three clerks shall be called in and a majority of the whole board shall decide the matter. § 3904. Refusal to Answer. If the person so challenged shall refuse to answer fully any question touching his qualifications as an elector which shall be put to him, the judges shall reject his vote. § 3905. Oath of Qualification. If the challenge be not withdrawn after the person offering to vote shall have answered the questions put to him as aforesaid, the chairman of said judges shall administer to him the following oath: You do solemnly swear (or affirm) that you are a citizen of the United States; that you are of the age of twenty-one years; that you have been a resident of this state for six months next preceding this election; that you now reside in this precinct; that you have not yet voted at this election, and that your true name is as you represent it to be. If the elector only claims the right to vote for state, or district and state officers, the oath shall be modified accordingly. § 3906. Record of Challenge. Whenever any person's right to vote shall be challenged, and he has taken the oath prescribed by section 3905, and if it is at a nominating election, then with the addition of the words "and that I am in good faith a member of the political party with which I am registered," it shall be the duty of the clerks of election to write in the poll books at the end of such person's name the words "challenged and sworn," with the name of the challenger. Thereupon the chairman of the board of judges shall write upon the back of the ballot offered by such challenged voter the number of his ballot, in order that the same may be identified in any future contest of the results of the election, and be cast out if it shall appear to the court to have been for any reason wrongfully or illegally voted for any candidate or on any question. And such marking of the name of such challenged voter or the testimony of any judge or clerk of election in reference thereto, or in reference to the manner in which said challenged person voted, if said testimony shall be given in the course of any contest, investigation of trial wherein the legality of the vote of such person is questioned for any reason, shall not be deemed a violation of section 4023. § 3907. Rules to Determine Qualification. The judges of election, in determining the residence and qualifications of persons offering to vote, shall be governed by the following rules, so far as the same may be applicable: 1. The place shall be considered and held to be the residence of a person in which his habitation is fixed, and to which, whenever he is absent, he has the intention of returning. 2. A person shall not be considered or held to have lost his residence who shall leave his home and go into another state or territory or county of this state for a temporary purpose only. 3. A person shall not be considered or held to have gained a residence in any county, city or town of this state into which he shall come for temporary purposes only, without the intention of making said county, city or town his home, but with the intention of leaving the same when he shall have accomplished the business that brought him into it. 4. If a person remove to another state, or to any of the territories, with the intention of making it his permanent home, he shall be considered and held to have lost his residence in this state. 5. The place where a married man's family resides shall be considered and held to be his residence. 6. The place where an unmarried man sleeps shall be considered and held to be his residence. 7. If a person shall go from this state into any other state or territory and there exercise the right of suffrage, he shall be considered and held to have lost his residence in this state. 8. All qualified electors shall vote in the election precinct in the county where they may reside for county, city or town officers, and in any county in the state for state officers, or in any county of a congressional district in which such electors may reside for members of congress. § 3908. Ballot Boxes to Be Opened Before Voting Begins-Keys. It shall be the duty of the judges of election, or the chairman thereof, immediately before proclamation is made of the opening of the polls, to open the ballot boxes in the presence of the people there assembled, and turn the same upside down so as to empty the said boxes of anything that may be in them, and then lock said boxes securely and they shall not be reopened until for the purpose of counting the ballots therein at the close of the election. During the election one of the judges, other than the chairman, shall have the custody of the keys. § 3909. Restrictions Within Fifty Feet of the Polls. In all incorporated cities and towns in this state no person shall approach or stand within fifty feet of the polls when open for the purpose of receiving votes, except such peace officers as are particularly selected or appointed by the judges to preserve order or enforce the law within such limits, and electors actually desiring and proceeding to vote, and but ten electors shall be permitted to approach the polls within fifty feet at the same time; provided, however, that the said judges of election shall, if requested, permit one person from each political party, selected by the party, to stand outside of the guardrail at the polls, while open for receiving votes, for the purpose of challenging voters; and the said judges of election shall, if requested, permit the respective candidates, or some person selected by a candidate or by several candidates, or by a political party, to be present in the room, but outside of the guardrail, where the said judges are during the time of receiving and, after the polls are closed, during the time of counting the votes. Such selection shall be evidenced by a writing signed by the chairman and secretary of such political party, or by the candidate or candidates, and presented to and filed with the judges. [Laws 1921, chapter 181, section 2, page 337.] § 3910. Powers of Judges of Elections to Punish Offenses. For the purpose of holding elections and preserving order at the polls, the judges of election are hereby appointed and invested with the jurisdiction and authority of justices of the peace during the time of holding elections, and they, or a majority of them, are hereby authorized to impose and enforce a fine not exceeding $50 for each offense, to be applied to the benefit of the school fund, on any person or persons who shall conduct themselves in a disorderly or riotous manner at the polls, and shall persist in such conduct after having been warned of the consequences, or who shall refuse to move from the polls fifty feet when directed, or on any person who shall be detected in the commission, in the immediate presence of the judges, of any offense defined by this act, and on the refusal or neglect to forthwith pay the same to the chairman to commit him or them to the common jail of the county for any time not exceeding twenty-five days, or until the fine is paid; and the sheriff, deputy sheriff, constable, and jailer, and policeman of any incorporated city or town, are hereby required to forthwith execute said order as though it had been issued by a magistrate in due form of law. If no sheriff, deputy sheriff, constable or policeman be present, the judges may appoint a special constable or constables to execute their orders. § 1. Compensation of Election Officers. There shall be allowed by the county court of each county to the several judges and clerks of election $3 per day while holding elections, to be paid out of the county treasury; and each county court shall audit and pay out of the county treasury such fees as the services performed by the county clerk and sheriff, under this act are, in the judgment of the county court, reasonably worth; also such other necessary expenses as are incurred by such officers in carrying out the provisions of this act. [Laws 1917, chapter 255, page 483.] § 3910-1. Form of Poll Books-List of Voters. The county clerk shall transmit to the election boards, as other election supplies are transmitted, typewritten lists, in duplicate, of all the voters in such precinct, arranged in alphabetical order. These voters' lists shall constitute the poll books and shall be in substantially the following form; provided, however, that in all incorporated cities or towns having a population of 2,000 inhabitants, or more, according to the last preceding United States census, the residence of the clector shall be stated on the said voters' lists: S ss. I, STATE OF OREGON, county clerk of the above named county and state, do hereby certify that the foregoing list containing names, is a full and complete list of all voters registered in the above named precinct for the election to be held on the date above named, -, County Clerk. List of electors who voted at this election whose names do not appear on the voters' list: Name of elector, etc. We hereby certify that the number of electors who voted at the above polling place and election was as follows: Voted for state, district and county and precinct officers, Voted for district and state officers, Voted for state officers, Voted for city or town officers, Total number of ballots cast, (No.) (No.) (No.) (No.) (No.) Chairman. Who kept this poll book. Clerk. Who kept other poll book. |