ment, or question, or proposition, to be voted upon. And these shall be placed upon such machines in such manner as to enable the voter to readily vote in accordance with his choice. The irregular device shall be provided with similar cardboard or printed paper, except that the name of the candidate shall not be printed thereon; and the same shall be so placed on said machine as to show to the voter where to deposit the ballot for any person for a particular office. If two or more persons are to be elected to the same office, for different terms, the term for which each is to be elected shall be designated on such machines as above provided. [93 v. 279.] Election officers to have polling place tion of mation of machine. view of entire except opera chine; loca Guard-rails; (2966-58.) Sec. 5. Every part of the polling place shall be in plain view of the election officers, including the watchers, if any, except that the operation of the machine by the elector shall be obscured as herein provided. It shall be placed at least three feet from every wall or partition of the room, and at least three feet from the outer guard-rail, and at least four feet from the judge's table. Guard-rails shall be constructed at least three feet from the machine, with openings to admit electors to and from the machine, and no person shall be permitted within such to be admitted guard-rails except to enter the booth for the purpose of voting. But one person shall be permitted within such booth at a time except that a disabled elector may be furnished such assistance and in such manner as is now or may hereafter be authorized by law, and not otherwise. [93 v. 279.] how constructed; who within. Party emplaced. blem; how Arrangement for voting for presidential electors. (2966-59.) Sec. 6. The party emblem, if any is in use in the state, shall be placed at the head of the party ticket in such manner as to be easily seen; and, in presidential elections, such machine may be provided in each column or horizontal line of party nominations with a separate push knob, lever, key or other device, shall be counted for each and every one of the candidates for presidential elector of such political party. And in each column or horizontal line may be one lever, push knob, key, or other device, with a label as above provided, with the name of the party and the words "straight ticket" printed thereon "Straight in plain, large type; and the operation of such lever, push ticket." knob, key or other device, shall vote the entire ticket, including presidential electors. [93 v. 270.] (2966-60.) Sec. 7. The officer or officers now charged by law with the duty of furnishing such election districts with ballots shall furnish each polling place using such machine with all ballots, ballot captions, cards, counter la bels and instruction cards herein required; and the same shall, on Saturday next preceding the election at which they are to be used, be delivered to the clerk of the city, village, town, or precinct where the same are to be used, or to such other officer in such city, town or village to Delivery of ballots, ballot cards, counter struction cards for use in conmachine. captions, labels, and in nection with Precaution to be taken be fore voting begins. Length of time voter permitted to whom ballots are now required by law to be delivered. [93 v. 280.] (2966-61.) Sec. 8. Before any voting is done on any such machine or machines, all the counters shall be placed so as to register. "O," and shall not be again changed except as it is done by the electors in voting. [93 v. 280.] (2966-62.) Sec. 9. No voter shall remain with the voting machine booth longer than one minute, and if he remain within shall refuse to leave the said machine after the lapse of one minute, he shall be removed by the judges. [93 v. 280.] booth. Closing of to be locked; counting compartment to be opened in presence of authorized (2966-63.) Sec. 10. As soon as the polls are closed polls; machine the ballot machine shall be locked against voting, and the counting compartment opened in the presence of the watchers and all other persons who may be lawfully within the room or voting place, giving full view to the dial numbers announcing the votes cast for each candidate, and for or against the various constitutional amendments, questions or other propositions. [93 v. 280.] persons. Counting and announcement of votes. Judges re returns before leaving room or locking partment. (2966-64.) Sec. 11. The judges shall then add together the votes cast for each candidate, and ascertain the number of votes each has received, and particularly announce the total vote for each candidate thus ascertained. Before leaving the room or voting place, and before closquired to signing and locking the counting compartment, the judges shall make and sign written statements or returns of such counting com- election, as now required by law, except that they shall not be required to attach any ballots, official or defective, thereto. The written statements or returns so made, after having been signed by the judges, shall be distinctly and clearly read in the hearing of all persons present, and ample opportunity given to compare the results so certified with the counter dials of such machines. After such comparison and correction, if any is made, the judges shall then close the counting compartment and lock the same. [93 v. 280.] Returns to be read compar ison of results. Services of ballot clerk dispensed with. Tampering with, impair ing, or attempting to imair machine; penalty. (2966-65.) Sec. 12. No ballot clerk shall be elected or appointed in any town or city that shall have adopted the use of the voting machine. [93 v. 280.] (2966-66.) Sec. 13. Any person who shall tamper or attempt to tamper with any such machine or machines, or in any manner intentionally impair or attempt to impair its use, and any person who shall be guilty of or attempt any dishonest practice upon any such machine, or with or by its use, shall be deemed guilty of a misdemeanor, and punishable by a fine not exceeding one thousand dollars, or by imprisonment not exceeding five years, or by both such fine and imprisonment. [93 v. 280.] Application of existing laws; conflicting laws not to apply. adoption of voting machine upon petition of sixty-five per cent of elec tors. (2966-67.) Sec. 14. All the provisions of the election law not inconsistent with this act shall apply to all elections in the precincts where such voting machines are used. And any provisions of law which conflict with the use of such machine or machines as herein set forth shall not apply to the precinct or precincts in which an election is conducted by use of said ballot machine or voting machine; provided, that in lieu of the submission of the ques- Provision for tion to the qualified electors in any city, village, town, precinct, or other civil division of the state, of adopting a voting machine or machines therein, as provided for in section one of this act, as amended April 16, 1900 (94 O. L., 308), it shall be the duty of any body or board of public officials or any officer or officers, or board of elections, or deputy state supervisors of elections, charged by law with the duty of providing materials and supplies for holding an election or elections, upon presentation of a petition signed by sixty-five per centum of the electors of any precinct, ward, township, village, city or county, voting at the last preceding general election, praying for the adoption of a voting machine or machines to be used at all the voting or polling places in such precinct, ward, township, village, city or county, to ascertain and declare whether or not sixty-five per centum of such electors have signed such petition, by comparing the names of such petition with the poll-books of such election, if the same have been preserved, otherwise upon satisfactory evidence. And if it appear that sixty-five per centum of such electors have so signed such petition, a voting machine or machines shall thereupon be deemed adopted for use, and shall be used, at all elections thereafter to be held in all the voting or polling places in such precinct, ward, township, village, city or county. And thereupon such body or board of public officials, or any officer or officers, or board of electors, or deputy state supervisors of elections, so charged by law with the duty of providing materials and supplies for holding elections in any such precinct, ward, township, village, city or county, may purchase and provide such voting machine or machines, the cost of which, when purchased and provided by any board or officer of a city shall be borne and paid by any such city, out of its general revenue fund, upon vouchers of such board or officer, made and certified, if by a board, by the president and secretary thereof, and if by an officer, by such officer, which shall be allowed by the city comptroller, city auditor, or director of accounts, in cities having such officers, and in other cities by the city clerk or other accounting officer, and upon his warrant paid by the treasurer of any such city; and when purchased and provided by any board or officer of a county, shall be paid out of the general fund of the county treasury, upon the written approval of a majority of the county commissioners, upon vouchers of such board of officers, made and certified, if by a board, by the president and secretary, and if by an officer, by such officer. Upon presentation of such voucher or vouchers the county auditor shall issue his warrant upon the treasurer for the amount thereof, and the treasurer shall pay the same. Such vouchers shall, in all cases, be paid in the order of priority with respect to the presentation of claims against such general funds. [95 v. 420.] "A writ of mandamus to compel a board of elections to grant the petition of sixty-five per centum of the electors of a voting precinct for the providing of a voting machine for their precinct, under the provisions of 95 O. L. 420, will not be issued, where it does not appear that there are funds on hand applicable to payment for such a machine, or that the board has been derelict in providing by proper levy a fund applicable to such purpose." State Ex rel. Fauger v. Board of Elections, 24 O. C. INDEX. ABSTRACT OF VOTES-(See Deputy State Supervisors of Elections.) County officers and members of the general assembly; fees. State, judicial and county officers, representatives in congress and members of the general assembly... Turnpikes, on question of general tax for. ADHESIVE SLIPS- Vacancy after printing of ballots, in case of.. PAGE 166 37 38 158 73 133 ALIEN-- Naturalization of, procedure. AMENDMENT- Constitutional; manner of submission.. Burned after count. Constitutional; return of vote cast for or against, abstract and can- Form of ballot; action on by political party. ANNEXATION— Municipal corporation, one to another; election on question of...... ARREST- Electors, when privileged from. Loitering near polls, for.. ASSESSORS-(See Township Officers.) Election of, when precinct divided. Municipalities divided into wards. Townships, certain, assessor districts in. BALLOT- Assistance in marking. Bonds for enlarging, improving or extending natural gas works, in Bonds for township and municipal purposes, in submission of question Canvassing, entering and enumerating, manner of. Casting of- Folding of, by elector. 148 Custody or delivery of, offenses pertaining to; penalty. Destroying, defacing, removing, hindering delivery, etc.; penalty. |