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shall enter 'registered by certificate by mail,' and the 'registry' number appearing upon the envelope in which the transfer was sent to him. Upon the day of election when an elector registered by transfer certificate by mail offers to vote, the judges of election, or one of them, shall before receiving and depositing the ballot, administer to such elector the same oath that is required to be taken before registrars by all electors applying for registration, and shall require such elector to exhibit the original registered letter receipt issued to him when he mailed his transfer certificate to the registrar, and the number on the check list opposite the name of such elector must correspond with the number on the registered letter receipt.
SEC. 38. Should any registrar at any time refuse to register any applicant, such applicant may apply to the district court, or the judge thereof, for a writ of mandate to compel the registrar to register him, and the provisions of the Code of Civil Procedure in similar proceedings are applicable.
The several registrars shall receive such compensation as shall be allowed by the board of county commissioners, which in no case shall exceed twenty-five cents for each name registered, and the compensation herein provided for shall be paid out of the "current expense" or "county general" fund.
It is the duty of the county commissioners, at their regular session in July next preceding a general election, to appoint four capable and discreet persons possessing the qualifications of electors, three of such persons to act as judges of election, and one to act as distributing clerk of election at each election precinct; and the clerk of the board must make out and deliver to the sheriff of the county, immediately after the appointment of such judges and distributing clerk, a notice thereof, in writing, directed to the judges and distributing clerk so appointed; and the sheriff, within ten days of the receipt of said notice, must serve the same upon each of the said judges and distributing clerk of election by registered mail. If in any precinct any of said judges or distributing clerk do not serve, the voters of said precinct may elect a judge or judges or distributing clerk to fill the vacancy on the morning of the election, to serve at such election.
The selection of officers must, as nearly as practicable, represent all the different political parties or principles as represented by the nominees in each county.
The county commissioners of each county, at their meeting in July next preceding any general election, shall designate and appoint suitable polling places, throughout the county, and shall cause the same to be suitably provided with a sufficient number of voting shelves or compartments, at or in which voters may conveniently mark their ballots, so that in the marking thereof they may be screened from the observation of others, and a guard rail shall be so constructed and placed that only such persons as are inside said rail can approach within ten feet of the ballot boxes and of such voting shelves, places or compartments as are herein provided for. The arrangement shall be such that neither the ballot boxes nor the voting shelves or compartments shall be hidden from view of those just outside the said guard rail, and such polling places shall be as near as practicable in the following form:
The number of such voting shelves or compartments shall not be less than one for every fifty electors, or fraction thereof, registered in the precinct, and the expense of providing such polling places, compartments, guard rails, and all necessary supplies shall be a public charge, and shall be provided in the same manner as other election expenses. Each voting shelf or compartment shall be kept provided with proper supplies and conveniencies for marking the tickets. At their regular meet. ing in July next preceding any election, the board of county commis. sioners of each county shall, as far as necessary, alter or divide the election precincts in such manner that each election precinct shall not contain more than four hundred voters: Provided, That in precincts containing less than twenty-five registered voters the election may be con
ducted under the provisions of this Act without the preparation of such booths or compartinents as required in this section.
Sec. 43. In all municipal elections the duties specified in the preceding section as devolving on the county commissioners shall devolve on the officers in'each city or town whose duty it is to designate and appoint polling places therein.
Sec. 44. The board of county commissioners shall, at their regular ineeting in July next preceding a regular election, inake provision for an official election stamp (which must bear the "date" and "year" of the election at which it is used, and the words "official ballot''), of such character or device, and of such inaterial, as said board may select, and such official stamp must be changed at each general election and kept secret by the officers furnishing and using it, as provided by law, and no one else must know of its form or make until used according to law. It is also the duty of the county commissioners, at their regular session in July next preceding a general election, to authorize the county auditor to provide a suitable number of election tickets for the county, said tickets to be printed under the same regulations as other county printing. The tickets inust be bound in book form, each book containing one hundred tickets and printed in the inanner prescribed by law.
The county commissioners must provide, at the expense of the county, suitable ballot boxes, with lock and key, and an opening in the lid sufficient to admit a single folded ballot, and no larger, and similar boxes for the use of the distributing clerks, in which they shall deposit defaced, mutilated and returned ballots. The keys must be delivered to one of the judges designated by the board.
Duties of County Auditors and Municipal Clerks. Sec. 46. Except as in this Act otherwise provided, it shall be the duty of the county auditor of each county to provide printed ballots for every election for public officers in which electors, or any of the electors, within the county participate, and cause to be printed in the ballot the name of every candidate whose name has been certified to or filed with the county auditor in the manner provided for in this Act. Ballots, other than those printed by the respective county auditors according to the provisions of this Act, shall not be cast or counted in any election. Nothing in this Act contained shall prevent any voter from writing on his ticket the name of any person for whom he desires to vote for an office, and such vote shall be counted the same as if printed upon the ballot and marked by the voter. The voter may place a cross (x) opposite the name he has written, but his having written the name of his choice is sufficient evidence that such is the person for whom he desires to vote.
Elections for school district officers are excepted from the provisions of the preceding section. In all municipal elections the duties specified in the preceding section as devolving on the county auditor shall devolve on the municipal clerk.
SEC. 48. All election tickets prepared under the provisions of this Act shall be white in color, and of a good quality of printing paper, and the names shall be printed thereon in black ink. Every ticket shall contain the names of every candidate whose nomination for any office specified in the ticket has been certified or filed according to the provisions of this Act, and no other names. The ticket shall be of sufficient
size to contain the names of all the candidates and questions to be voted on, exclusive of the stub or counterfoil. The width of the stub or counterfoil shall be two inches, and of the same length as the ticket. Each stub shall be consecutively numbered, beginning with number one; the ticket and stub being connected by a perforated line. The width of the ticket shall be divided into as many equal parts by lines the whole length of the ticket, as hereinafter shown, as there are political principles or parties represented by the candidates; each of said parts or divisions to have a heading or caption designating the political principles or party represented by the several candidates, and said headings or captions shall be printed on one straight line, and in the size of type known as long primer. One of such divisions of spaces shall have no heading or caption; the names of the officers to be filled and questions to be submitted shall be printed as on other portions of the ticket and printed in the same continuous straight line, leaving the space below the office designated, so that the voter inay write the name (if he so desires) of the person for whom he wishes to vote; Provided, A space or margiu within which is inscribed a circle one-half inch in diameter is allowed to the right of the name of each candidate or question to be submitted for the voter to designate by placing a cross mark (x) within said inscribed circle opposite the name of the person for whom he wishes to vote, and his answer to the questions; and on the ticket may be printed such words as will aid the voter to do this, as "Vote for one, " "Vote for three,” “Yes," "No," and the like. The names of candidates for the offices of electors of President and Vice-President of the United States shall be arranged in groups under the political heading or principle designated by the several certificates of nominations or nomination papers. Whenever a constitutional ainendment is submitted to the vote of the people the question submitted shall be placed on the official ballot at the top thereof next above the heading or caption designating the political principles or parties; when other questions are submitted to the vote of the people, such questions shall be printed upon the ticket after the lists of candidates. The names of the persons voted (for) shall be printed in long primer capitals, the name of the office in small capitals, and both without spaces except between the different words or initials of each line. The same margins shall be left above the printed matter as below it, and the side margins must be of equal size. The lines must be straight and the matter single ruled, and the face of the ticket and stub must be substantially in the following form:
Whenever the Secretary of State has duly certified to the county auditor any question to be submitted to a vote of the people, the county auditor shall have printed on the regular tickets the question, in such form as will enable the electors to vote upon the question so presented in the inanner as in this Act provided. The county auditor shall also prepare the necessary tickets whenever any question is required by law to be submitted to the vote of the electors of any locality, and not to the State generally: Provided, however, That in all questions submitted to the voters of a municipal corporation alone, it shall be the duty of the municipal clerk to provide the necessary tickets. Sec. 50.
Whenever it shall appear by affidavit that an error or omission has occurred in the publication of the names or descriptions of the candidates nominated for office, or in the printing of the tickets, the probate court of the county may, upon application of any elector, by order,