Judges shall open ballot boxes: examination.

Appointment of party challengers,

Oath of challengers.

Who may challenge voters.

Challenge; ⚫ath.

SECTION 5057. Immediately before proclamation is made of the opening of the polls, the judges of elections, or one of them, in the presence and under the direction of the others and in the presence of the persons there present, shall open the ballot boxes and turn them upside down so as to empty them of anything that may be in them, and offer to such persons as may desire it the privilege of examining them in the presence of the judges, and then lock them. The boxes shall not be again opened until the polls are closed and the counting of the ballots begins. (R. S. Sec. 2937.)

SECTION 5058. Two challengers may be appointed by the precinct committeeman of each political party having candidates to be voted for at each election, who shall be admitted to the polling place for the purpose of challenging electors in such precinct where the voters are not registered, and they may keep tally of the electors voting. In special elections when no candidates are to be elected, the judges of election in each precinct shall, at least one day before the election, appoint and make public two known representatives of each side of the question to be submitted, as challengers. (97 v. 234 § 20.)

Where a ticket or candidate has been nominated by independent nomination papers, such independent candidates have no right under authority of this section to the appointment of separate challengers and inspectors.

The provisions of this section, as to the appointment of challengers and inspectors of elections, are not mandatory but directory only, and failure to make such appointments is an irregularity which does not invalidate an election at which there was a comparatively full vote cast with no evidence of fraud or attempts to deceive; nor does the dereliction of deputy state supervisors of election, or of any of them, invalidate an election, where it does not appear that except for such dereliction there would have been a different result. State ex rel. Johnston et al. v. Village of McClure, 5 0. N. P. (N. S.) 541.

SECTION 5059. Such challengers shall serve without compensation from the county, city, village or township, and shall take the following oath, to be administered by one of the judges of elections:

"You do solemnly swear that you will support the constitution of the United States and of this state; that you will faithfully and impartially discharge the duties as official challenger, assigned by law; that you will not cause any delay to persons offering to vote further than is necessary to procure satisfactory information of their qualifications as electors, and that you will not disclose or communicate to any person how any elector has voted at such election. (97 v. 234 § 20.)

SECTION 5060. Any voter may be challenged by any challenger, judge or clerk of elections, and, if challenged, shall establish his right to vote, as provided by law. Any elector of the precinct may notify the judges of elections in writing that he challenges the right of any person or persons to vote, giving the reason, and such person or persons shall be deemed challenged. (97 v. 234 § 20.)

SECTION 5061. If a person offering to vote is challenged as unqualified one of the judges shall tender him the following oath: "You do swear or affirm that you will

fully and truly answer all questions put to you, touching your place of residence and qualification as to an elector at this election."

First-If the person is challenged as unqualified on the questions. ground that he is not a citizen, the judges or one of them shall put the following questions:

1. Are you a citizen of the United States?

2. Are you a native or naturalized citizen?

If the person offering to vote claims to be a naturalized citizen of the United States, he shall, before the vote is received, produce for the inspection of the judges of election a certificate of the naturalization, and also under oath that he is the identical person named therein. The production of the certificate shall be dispensed with if the person offering to vote states under oath when and where he was naturalized, that he has had a certificate of his naturalization, and that, against his will, it is lost, destroyed or beyond his power to produce to the judges of elections or if he states under oath that by reason of the naturalization of his parents or one of them he has become a citizen of the United States, and when or where his parent or parents were naturalized, the certificate of naturalization need not be produced.

Second. If the person is challenged as unqualified on the ground that he has not resided in this state for one year immediately preceding the election, the judges or one of them shall put the following questions:

1. Have you resided in this state for one year immediately preceding this election?

2. Have you been absent from this state within the year immediately preceding this election? If yes, then

3. When you left this state, did you leave for a temporary purpose with the design of returning, or for the purpose of remaining away!

4. Did you, while absent, look upon and regard this state as your home?

5. Did you, while absent, vote in any other state? Third. If the person is challenged as unqualified on the ground that he is not a resident of the county or precinct where he offers to vote, the judges or one of them shall put the following questions:

1. Have you resided in this county for thirty days last past?

2. Have you resided in this precinct for twenty days last past?

3. When did you last come into this county?

4. When you came into this county, did you come for a temporary purpose merely, or for the purpose of making it your home?

5. Did you come into this county for the purpose of voting in this county?

6. Are you now an actual resident of this precinct?

7. Have you a family? If so, where does your family reside.

Fourth. If the person is challenged as unqualified on the ground that he is not twenty-one years of age, the judges or one of them shall put the following question:

Are you twenty-one years of age to the best of your knowledge and belief?

The judges of election or one of them shall put such other questions to the person challenged under respective heads herein designated, as may be necessary to test his qualifications as to an elector at the election. (106 v. 323.)

SECTION 5062. If a person challenged refuses to answer fully any question put to him, or is unable to answer the question on the registers as they were answered by the person under whose name he offers to vote, or is unable to sign his name, or if for any other reason a majority of the judges believe he is not entitled to vote, the judges shall reject his vote. (102 v. 185.)

SECTION 5063. If the challenge is not withdrawn after the person offering to vote has answered the questions put to him, one of the judges of election shall tender him the following oath :

"You do swear that you are a citizen of the United States, of the age of twenty-one years; that you have been an inhabitant of this state for one year next preceding this election; that you are now an actual resident of this precinct, and that you have not voted at this election." (R. S. Sec. 2942.)

SECTION 5064. If a person refuses to take the oath so tendered, his vote shall be rejected. After such oath has been taken, a majority of the judges may refuse to permit such person to vote if they are satisfied from record evidence or the testimony produced before them that he is not a legal voter, otherwise the vote shall be accepted. The judges may administer the necessary oaths to witnesses brought before them to testify to the qualifications of the person offering to vote. (R. S. Sec. 2943.)

SECTION 5065. When the vote of a person is received after he has taken the oath herein prescribed, the clerks of election, shall write on the poll books at the end of such person's name, the word "Sworn." (R. S. Sec. 2944.)

SECTION 5066. Any person desiring to vote, and legally entitled to vote at such election, shall give his name, and, in precincts where registration is required by law, his residence, to the election officer holding the ballots, who shall write them upon the main stub of the ticket in the blank space provided therefor. Such officer shall then mark upon the secondary stub the elector's registered number, in precincts where registration is so required, and in other precincts, the elector's full name. (89 v. 444 § 21.)

SECTION 5067. One of the election officers shall then detach the ballot with the secondary stub attached, from the main stub, fold it, hand it to the elector, and the elector

shall be allowed to enter the place enclosed by the guard rail. The officer shall give him one and only one of each and every ballot to be voted at the election. (102 v. 185.)

SECTION 5068. On receipt of his ballot, the elector shall forthwith and without leaving the enclosed space, retire alone to one of the voting shelves, and without undue delay unfold and mark his ballot as hereinafter prescribed. No elector shall be allowed to occupy a voting shelf already occupied by another, or to occupy a voting shelf for more than five minutes in case all the shelves are in use and electors waiting to occupy them, or, except as herein provided, to speak to or to converse with anyone while within the guard rail. (89 v. 444 § 21.)

SECTION 5069. All marks upon the ballot must be made by black lead pencil. If an elector soils or defaces a ballot so that it cannot be used, he may successively obtain others, one at a time, not exceeding in all three, upon returning each ballot so soiled or defaced, which shall be immediately destroyed. If an elector who has defaced three ballots satisfies the judges that they were defaced by accident or honest mistake and not for fraudulent purposes, the judges shall deliver him another ballot and help him mark it. (89 v. 444 § 21.)

SECTION 5070. The elector shall observe the following Rules to be obrules in marking his ballot:

1. If the elector desires to vote a straight ticket, or in other words for each and every candidate of one party for whatever office nominated, he shall, either,

(a) Make a cross mark in the circular space below the device and above the name of the party at the head of the ticket; or

(b) Make a cross mark on the left of and opposite the name of each and every candidate of such party in the blank space provided therefor.

2. If the elector desires to vote a mixed ticket or in other words for candidates of different parties, he shall, either,

(a) Omit making a cross mark in the circular space above the name of any party and make a cross mark in the blank space before the name of each candidate for whom he desires to vote on whatever ticket he may be; or

(b) Make a cross mark in the circular space above the name of a party for some of whose candidates he desires to vote, and then make a cross mark before the name of any candidate of any other party for whom he may desire to vote, in which case, the cross mark in the circular space above the name of a party will cast the elector's vote for every candidate on the ticket of such party, except for offices for which candidates are marked on other party tickets, and the cross marks before the names of such candidates will cast the elector's vote for them.

3. When two or more persons for the same office are to be voted for in any precinct, as two or more represen

served in marking ballot.

tatives or other officers, and the names of several candidates therefor appear on each party ticket, grouped under the office for which they are all running, the elector who has marked a ticket in the circular space at its head, and marked one or more of a group of candidates for such office on another ticket or tickets, must in addition to marking the ticket in the circular space at its head, also make a cross mark before each one of the group of candidates for such office for whom he desires to vote on the ticket thus marked; or instead of marking the candidates for such office he desires to vote for on the ticket marked by him, he may erase the names of candidates for such office for whom he does not desire to vote on the ticket thus marked by him to the number of candidates for such office marked by him on other party tickets, in which case his vote shall be counted for the candidates for such office not erased.

4. If an elector who has thus marked a party ticket in the circular space at the head thereof, and has marked one or more candidates on another ticket or tickets for an office for which there is more than one candidate on his own party ticket, fails or neglects to indicate either by individual marks or by erasures which of the several candidates for the same office on his own party ticket he desires to vote for, then the vote shall be counted only for the candidate or candidates for that office that have the distinguishing mark before his or their names.

5. If in marking either a straight or mixed ticket, a cross mark is made in the circular space above the name of a party at the head of a ticket, and also one or more cross marks made before the name or names of candidates on the same ticket for offices for which candidates on other party tickets are not individually marked, such marks before the names of candidates on the ticket so marked shall be treated as surplusage and ignored and the ballot be counted for all the candidates on the ticket thus marked for offices for which no candidates on other tickets are marked. This provision is subject to the exception in the preceding paragraph when two or more persons for the same office are grouped on party tickets.

6. If the elector desires to vote for a person whose name does not appear on the ticket, he can substitute the name by writing it in black lead pencil or in black ink in the proper place, and making a cross mark in the blank space at the left of the name so written.

If the elector marks more names than there are persons to be elected to an office, or if, for any reason, it is impossible to determine the voter's choice for an office to be filled, his ballot shall not be counted for such office.

8. If a question is submitted, the elector shall make a cross mark in the blank space at the left of and before the answer which he desires to give.