date he desires to vote for, or at any place within the space in which the name is printed. If he wishes to vote for a person for a certain office whose name is not on the ballot, he must write the name in the blank space under the printed name of the candidate for the office. The ballot should not be marked in any other manner. If the ballot be spoiled it must be returned to the ballot clerk, who must issue another in its stead, but not more than three in all to any one voter. Five minutes' time is allowed in booth to mark ballot. Unofficial ballots or memorandum to assist the voter in marking his ballot can be taken into the booth, and may be used to copy from. The ballot must not be shown so that any person can see how it has been marked by the voter. After it is marked it should be folded so that the inside cannot be seen, but so that the printed indorsements and signatures of the ballot clerks on the outside may be seen. Then the voter should pass out of the booth or compartment, give his name to the inspector in charge of the ballot box, hand him his ballot to be placed in the box, and pass out of the voting place. A voter who declares to the presiding officer that he is unable to read, or that by reason of physical disability he is unable to mark his ballot, can have assistance of one or two election officers in marking the same, to be chosen by the voter; and if he declares that he is totally blind, he may be assisted by any person chosen by him from among the legal voters of the county. The presiding officer may administer an oath in his discretion, as to such person's disability. The party designations and candidates for the different offices are, for example, as follows: insert list of party designations and candidates.

The body of said notice shall be set in the type of the regular reading matter of the paper making the publication which shall not be larger than long primer nor smaller than minion and shall contain at least seven lines of type to the inch. The titles of offices and names of candidates shall be separated in

the notice by blank spaces not exceeding one-twelfth of an inch in thickness and the columns containing the titles of offices and the names of candidates shall not exceed two and one-sixth inches in width. No other or further publication of notice provided for by this and the preceding section shall be required to be made by any county or city clerk, except that in cities, the clerk shall at the foot of such notice, specify the place of voting in each election precinct, and the hours of opening and closing the polls. The compensation to be paid. for all publications of such notice shall be one dollar per square for weekly papers and two dollars per square for daily papers, but the total shall in no case exceed the amounts hereinafter specified, to-wit: for a general election in weekly newspapers one hundred and twenty dollars, and in daily newspapers two hundred and forty dollars; for a judicial election, in weekly newspapers twenty-five dollars and in daily newspapers fifty dollars; for a municipal election, in weekly newspapers thirty-five dollars, and in daily newspapers seventy dollars, which shall cover all insertions required to be made; provided, that in cities of the first class said notice. shall be published daily and the compensation for publication of said notice shall be at the rate of one dollar per square for the first insertion, and seventy-five cents per square for each subsequent insertion. The word square as used in this section shall be construed to mean a space one inch in length of the column of the newspaper in which any such notice is published; but any fraction of a square shall be paid for as a full square.

Failure to publish. See note to paragraph 84. In answer to the contention that an election was void because the ballot was not published the court said. "It cannot be seriously contended that the failure of the county clerk to publish the ticket as required per se, absolutely vitiates the election. Besides, the courts cannot take judicial notice of the number of newspapers or of the fact that a newspaper is published in a given county:" Atkeson v. Lay, 22 S. W. Rep. 481, 485. Allen v. Glynn, 29 Pac. Rep. 670, is to the same effect.

Publication of erroneous instructions to voters. Where the posted notices of instructions to voters were in conformity with a repealed law, but not in exact conformity with the law in force, the court held that the election was not void. "The electors are not to be deprived of the result of their votes at an election by the mistake of election officers when it does not appear to have changed the result:" People v. Avery, 102 Mich. 572.

Form of notice. See paragraph 162.

PART VI.

OF THE REGISTRY OF ELECTORS.

NOTE. The first meeting of the board of registry provided for by sec. 25, statutes of 1898, as amended by ch. 381, laws of 1903,1 is superseded by the registration for the primary election, provided for by sec. 14, ch. 451, laws of 1903,2 excepting so far as it relates to elections in villages and towns, when registration is required, other than the general election.

When and where required, 67.

In cities, villages and towns in certain cases, 67a.

When required in first class cities, 68.

When required at local and judicial elections, 69.

Board of registry, first meeting; powers, vacancies, 70.

Inspectors' oaths-Registry, how made; filing and printing of, 71. Registry, how made in cities, 72.

Second meeting, revision of list-Minors may be registered-Application by non-registered elector, 73.

Registry list for local, judicial and special elections, 74. .

OF THE REGISTRY OF ELECTORS.

3

67. When and where required. [Sec. 23, Statutes of 1898, as amended by chapter 420, laws of 1903.] In each year when a general election is by law required to be held, a registry of electors shall be made in each ward or election district of every city and in each ward or election district of every incorporated village, which city or village at the last previous census had a population of two thousand or more, and in every town having a population of three thousand or more according to such census. And until a census shall be so taken, and the population of such city or village determined as herein mentioned, no registry shall be held or taken therein or in such towns as aforesaid. Such registration shall be made in the manner provided by this chapter. No vote shall be received at any general election in any ward or election district within this section if the name of the per

son offering to vote be not on said registry as completed, except as hereinafter provided; but in case anyone shall after the last day for completing such registry and before such election, become a qualified voter of the election district, he shall, upon complying with the provisions of this chapter, have the same right to vote as if his name had been registered.

Provided, however, that in cities and villages having a population of more than two thousand and less than three thousand at the last previous census, the common council of such cities and the board of trustees of such villages, may by ordinance or resolution otherwise declare and provide as to such registration.

Regulation of right to vote. It is competent for the legislature to require that a voter shall make reasonable proof of his right to vote: State v. Baker, 38 Wis. 71. The provisions of the registry law forbidding the reception of votes of those not registered, or who do not furnish certain proofs, are imperative, and votes received in violation of such provisions may be rejected: State v. Hilmantel, 21 Wis. 566. When there is no registry and no proof made as required in the case of an unregistered elector, the vote must be rejected: State V. Stumpf, 23 Wis. 630. Right to vote not impaired by illegal registry: State v. Baker, 38 Wis. 71. Error of inspectors in making register or failure to comply with the law, of which voters have no notice, is immaterial, and the right to vote is not lost thereby: Ibid.

67a. In cities, villages and towns in certain cases. [Sec. 23a, Statutes of 1898, enacted by chapter 454, laws of 1905.] 1. The provisions of section 231 of the statutes of 1898, shall apply to all general and municipal elections and annual town. meetings in all cities, villages and towns not therein provided for, the electors of which shall vote to adopt the same in the manner hereinafter provided.

2. Such vote shall be taken at any general or municipal election or annual town meeting whenever a number of the qualified electors of any such city, village or town equal to or more than ten per centum of the number of the votes cast therein for governor at the last general election shall present to the clerk thereof a petition in writing, signed by them, praying that the electors thereof may have submitted the question of whether or not the provisions of said section 23 shall be adopted by said city, village or town respectively. Notice of such election shall be given in cities in the same manner as provided by law for the giving of notice of an annual or municipal election therein and in villages and towns

Paragraph 67.

by posting notices in at least three public places in said village or town not less than ten days before the day of such general or municipal election or annual town meeting. The election on such question shall be held and conducted and the returns canvassed in the same manner as elections in such city, village, and elections and town-meetings in such town are held, conducted and canvassed, respectively.

3. The ballots upon the question so submitted shall be deposited in a separate ballot box and shall contain the words "for registration"

"against registration"

If

a majority of all votes cast on that question shall be for registration, then said section 23 shall apply to all annual and municipal elections and annual town meetings thereafter held in said city, village or town, until the electors thereof shall in the same manner determine to the contrary and all the provisions of law relating to the manner of making and conducting registration in cities, villages and towns shall apply to such city, village or town respectively.

68. When required at local and judicial elections. [Sec. 24, Statutes of 1898.] The preceding section shall apply to the annual municipal and judicial elections in all cities, vilages and towns specified therein, unless the common council of such city, the board of trustees of such village, or the board of supervisors of such town shall, by ordinance or resolution, otherwise declare and provide; but no such ordinance or resolution shall apply to any such election to be held within thirty days after the adoption of the same by such common council, trustees or supervisors.

69. When required in first class cities. [Sec. 2, ch. 393, laws of 1901, as amended by ch. 320, laws of 1903.] In all cities of the first class such inspectors shall make a new registry of electors for each municipal and general election, and no previous registry, or registry list, shall be copied or used in whole or in part in making the same, and no person's name shall be placed upon such registry unless the elector appear in person before the inspectors and request that his name be registered. Such inspectors shall hold their first meeting on Monday and the following Tuesday, four weeks preceding such election. They shall meet at six o'clock in the forenoon and hold their meetings open until eight o'clock in the even