Form thereof. Where and when to be posted up. Vacancy of judge, how filled. to the sheriff of his county, three written notices hereof, for each election precinct; said notices to be as nearly as circumstances will admit as follows, to wit: "Notice is hereby given, that on the day the day of Mon next, at the house of in the town or district of in the county of — an election will be held for territorial, county and town or district officers, (naming the offi ces to be filled, as the case may be,) which election will be opened at nine o'clock in the morning, and will continue open until six o'clock in the afternoon of the same day. "Dated at this day of A. B., A. D., "Clerk of the board of county commissioners." SECTION 4. And the sheriff aforesaid, to whom such notice shall be delivered as aforesaid, shall post up in three of the most public places in each town or district, the notices referring to such town or district, at least thirty days before the time of holding any general election, and at least eight days before the holding of any special election; and in cases where towns or districts may not be set off by law, as election precincts, said notices shall be posted up by the sheriff as follows: one at the house where the election is authorized to be held, and the two others at two of the most public and suitable places in that vicinity or settlement. SECTION 5. If any person appointed to act as a judge of the election as aforesaid shall neglect or refuse to be sworn or affirmed to act in such capacity, the place of such person shall be filled by any justice of the peace residing within the county, town or district, to be nominated by the other judge or judges of the election; and if there be no justice present to act as judge, the other judge or judges of election shall nominate one or more capable and discreet electors residing within the county, town or district to fill such vacancy or vacancies; and if there be no judge of the election present to fill such vacancy or vacancies by nomination, then such vacancy or vacancies shall be filled by the votes of such qualified electors residing within the county, town or district, as may then be present at the place of election; and the justice or justices, person or persons so elected or nominated to fill such vacancy or vacancies, shall be and are hereby vested with the same power as if appointed by the board of county commissioners. clerk. SECTION 6. Previous to votes being taken, the Oath of judge or judges and clerks of election shall severally take an oath or affirmation in the following form, to wit: "I A. B. do solemnly swear (or affirm as the case may be) that I will perform the duties of judge (or clerk as the case may be) according to law, and the best of my ability, that I will studiously endeavor to prevent fraud, deceit and abuse in conducting the same." ministered. SECTION 7. In case there shall be no judge or jus- By whom adtice of the peace present at the opening of the election, or in case such judge or justice shall be appointed a judge or clerk of the election, it shall be lawful for the judges of the election, and they are hereby empowered to administer the oaths or affirmations to each other, and to the clerks of the election; and the person administering oaths or affirmations shall cause an entry thereof to be made and subscribed by him, and prefixed to the poll books. opened and SECTION 8. At all elections to be held under this At what hour act, the polls shall be opened at the hour of nine polls to be o'clock in the morning, and continue open until six closed. o'clock in the afternoon of the same day, at which time the poll shall be closed: provided however, that if Proviso. no judge shall attend at the hour of nine o'clock in the morning, and it shall be necessary for the electors present to appoint judges to conduct the election, as herein before prescribed, the election may in that case commence at any hour before the time for closing the poll shall arrive, as the case may require; and provided also, that the judges of the election may if they shall deem it necessary for the purpose of receiving the votes of all the electors wishing to vote, postpone the closing of the polls until nine o'clock at night. And upon opening the poll, one of the clerks under the direction of the judges shall make proclamation of the same; and thirty minutes before the closing of the poll proc lamation shall be made in like manner, that the poll will be closed in half an hour. SECTION 9. The clerks of the election shall furnish Manner of vot ing. Place of voting. the necessary poll books and stationery in conducting the same. SECTION 10. The manner of voting shall be by the electors approaching the bar in the election room, at any time when the poll is open, and by presenting a ticket folded in such a manner that no names on said ticket are visible to the judges, who shall deposit the same immediately into a general ballot box prepared for that purpose, and the clerk shall take down the names of all such voters. SECTION 11. It shall be lawful for any elector to vote for delegate to congress, at any place of holding an election within this territory; for members of the council and house of representatives, at any place of holding an election in the county or district in which he may reside; for coroner, county commissioners, or county officers, at any place of holding an election in the couuty in which he resides; but for constables and other town officers he shall not vote out of the town Penalty for vot- or district in which he resides. And if any elector shall vote more than once at any election held under the authority of this act, he shall be fined in the sum of one hundred dollars, to be recovered by indictment before any court of competent jurisdiction, and the whole of such fine shall be appropriated to the use of the county in which the offense may have been committed. ing twice. Qualification of an elector. Oath. SECTION 12. No person shall be entitled to vote at any election in this territory who has not attained the age of twenty-one years, who is not a free white male citizen, or foreigner duly naturalized according to the acts of congress on that subject, and who has not resided in this territory for at least six months immediately previous to his application to vote; and when any person shall present himself to give his vote, and either of the judges shall suspect that such person does not possess the requisite qualifications of an elector, or if his vote shall be challenged. by any elector who has previously given his vote at such election, the judges of the election shall tender to such person an oath or affirmation in the following form, "I, A. B. do solemnly swear (or affirm as the case may be) that I am a resident of the county of in the territory of Wisconsin, a citizen of the United States, that I have resided in this territory for the period of six perjury. months immediately preceding this election, that I have to the best of my knowledge and belief attained the age of twenty-one years, and that I have not voted at this election." And if the person so offering to vote shall take such oath or affirmation his vote shall be received, unless it shall be proved by evidence satisfactotory to a majority of the judges, that said oath or affirmation is false. And if such person refuses to take such oath or affirmation his vote shall be rejected. And if False swearing, any person shall take the said oath or affirmation knowing it to be false, he shall be deemed guilty of willful and corrupt perjury, and shall on conviction suffer such punishment as is now or shall hereafter be prescribed by law for persons guilty of perjury. And if Penalty for any person shall vote at any election who is not a qualified voter, he shall forfeit and pay any sum not exceeding fifty dollars nor less than twenty-five, to be recovered in the same manner as other penalties under this act are provided however, that if such person shall have been considered by the judges of the election a legal voter then such person shall not be so fined. voting when not qualified. attend elections. fine and im SECTION 13. For the presrvation of order, as well Constables to as the security of the judges and clerks of the election from insult and abuse, it shall be the duty of the constable or constables, residing within the town or district, who shall be designated for the purpose by the judges of election, to attend at all elections within such town or district; and should no constable attend at such election, the judges of election are hereby authorized and empowered to appoint one or more speial constables, to assist in preserving order during the election. And the judges are hereby empowered to Judges may enforce a fine not exceeding twenty dollars, on any prison. person or persons who shall conduct in a disorderly or riotous manner, and persist in such conduct after having been warned of the consequences; and on refusal pay the same, to commit him or them to the common jail of the county, for any time not exceeding six days, or until the fine shall be paid. And the constable to whom the order shall be directed, and the jailer of the county are hereby required to execute said order, and receive such person or persons so committed, as though it had been issued or delivered by a magistrate in due form of law. to Manner of canvassing votes. Form of entry. SECTION 14. When the votes shall have been examined and counted, the clerks shall set down in their poll books the name of every person voted for, written at full length, the office for which such person received such vote or votes, and the number he did receive; and that whenever the judges of said elections shall, upon canvassing the votes, find two or more votes folded together, the said judges shall in that case reject all votes thus folded, the number being expressed in words at full length, such entry to be made as nearly as circumstances will admit in the following form, to wit: in "At an election held at the house of town (or district) in the county of and territory of Wisconsin, on the -- day of A. D. the following named persons received the number of votes annexed to their respective names, for the following described offices, to wit: A. B. had votes for delegate to congress. C. D. had votes for member of the council, E. F. had votes for member of the house of representatives. G. H. had votes for coroner. I. K. had for county commissioner, (and in the same manner for any other persons or officer voted for.) votes Attest, Certified by us. A. B. C. D. Judges of the election. G. H. Clerks of election." K. The judges of the election shall then enclose and seal one of the poll books, under cover, directed to the clerk of the board of county commissioners, of the county in which such election is held, and the packet thus sealed shall be conveyed by one of the judges or clerks of the election to be determined by lot, if they cannot otherwise agree, and delivered to the said clerk of the board of commissioners, at his office within nine days from the close of the polls; and the other poll book shall be deposited with one of the judges of the election, to be determined as aforesaid. And the said poll book shall be subject to the inspection of any elector, who may wish to examine it. And if any er poll book to judge or clerk of an election, after having been deputed by the judges of the election, at which he shall Penalty for a failure to deliv the clerk. |