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In case any person offering to vote is challenged, one of the judges must declare the qualifications of an elector to such person; if the person so challenged then declare himself duly qualified, and the challenge is not withdrawn, one of the judges must then tender him the elector's oath, as provided for in section forty-three of this Act.
SEC. 78. If the person be challenged as unqualified, on the ground that he is not a citizen, and will not exhibit his papers pertaining to his naturalization, the judges, or one of them, shall put the following questions:
FIRST.–Are you a citizen of the United States?
THIRD.-Have you become a citizen of the United States by reason of the naturalization of your parents or one of them?
FOURTH.-Where were your parents, or one of them, naturalized?
If the person offering to vote claims to be a naturalized citizen of the United States he shall state under oath, when and in what courts he was naturalized.
If the challenge is on the ground that the person challenged has been convicted of felony and has not been pardoned, he must not be questioned; but the fact may be proved by the production of an authenticated copy of the record, or by the oral testimony of two witnesses and the non-production of a pardon.
SEC. 80. The judges of election, in determining the residence of a person offering to vote, shall be governed by the following rules, so far as they may be applicable.
FIRST. That place shall be held and considered to be the residence of a person in which his habitation is fixed, and to which, whenever he is absent, he has the intention of returning.
SECOND. A person shall not be considered or held to have lost his residence who shall leave his home and go into another State, Territory or county of this State, for temporary purposes merely with an intention of returning
THIRD. If a person remove to any other State or to any of the territories, with the intention of making it his permanent residence, he shall be considered and held to have lost his residence in this State.
FOURTH. If a person remove from one county in this State to any other county in the State with the intention of making it his permanent residence, he shall be considered and held to have lost his residence in the county from which he removed.
Sec. 81. If the person be challenged as unqualified, on the ground that he has not resided in this State for six months immediately preceding the election, the judges, or one of them, shall put the following questions:
FIRST.-Have you resided in this State for six months immediately preceding this election, and during that time have you retained a home or domicile elsewhere?
SECOND.-Have you been absent from this State within the six months immediately preceding this election?
THIRD.-If so, when you left, was it for a temporary purpose, with the design of returning, or did you intend remaining away?
FOURTH.-Did you, while absent, look upon and regard this State as
FIFTH.—Did you, while absent, vote in any State or Territory?
If the person be challenged on the ground that he has not resided in the county thirty days, one of the judges shall question him as to his residence in the county, precinct or ward in a manner similar to the before-mentioned method of questioning a person as to his residence in this State.
If the person be 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 all such other questions to the person challenged under the respective heads aforesaid, as may be necessary to test his qualifications as an elector at that election.
Sec. 82. If the challenge be not withdrawn after the person offering to vote shall have answered the questions put to him as aforesaid, one of the judges shall tender to him the following oath: “You do solemnly swear (or affirm) that you are a citizen of the United States, of the age of twentyone years, that you have been a resident of this State for six months next immediately preceding this election, and have not retained a home or domicile elsewhere; that you have been for the last thirty days, and now are a resident of this county and that you have not voted at this election.
Sec. 83. If any person shall refuse to take the oath or affirmation so tendered his vote shall be rejected: Provided, That after such oath shall have been taken, the judges may nevertheless refuse to permit such person to vote if they shall be satisfied that he is not a legal voter.
SEC. 84. Whenever any person's vote shall be received after having taken the oath or affirmation prescribed in section eighty-two of this Act, it shall be the duty of the clerks of the election to write on the poll books, at the end of the person's name, “Sworn."
Sec. 85. It shall be the duty of any judge of election to challenge any person offering to vote whom he believes not to be qualified as an elector.
Sec. 86. If an person challenged refuses to take the oaths tendered, or refuses to be sworn and to answer the questions touching the matter of naturalization, he must not be allowed to vote. SEC. 87
As soon as the polls are finally closed the distributing clerk must deliver to the judges of election the book or books of tickets from which tickets have been taken during the election, and the box containing the defaced, mutilated or returned ballots.
SEC. 88. And the judges of election must immediately proceed to canvass the votes given at such election. The canvass must be public, in the presence of bystanders, and must be continued without adjournment until completed and the result thereof declared.
Sec. 89. The canvass must commence by comparison of the poll lists from the commencement, and a correction of any mistake that may be found therein, until they are found to agree. The box must then be opened, and the ballots found therein counted by the judges, unopened, and the number of ballots in the box inust agree with the number marked on the poll list or registry list as having received a ticket, and this number, together with the number of defaced, mutilated and returned ballots, must agree with the number of stubs or counterfoils in the books from which the tickets have been taken.
Any ballot or part of a ballot from which it is impossible to determine the elector's choice, shall be void and shall not be counted: Provided,
That wlien a ballot is sufficiently plain to gather therefrom a part of the voter's intention, it shall be the duty of the judges to couut such part.
Sec. 90. The ballots and poll lists agreeing, the board must then proceed to count and ascertain the number of votes cast, and the clerks inust set down in their poll books the name of every person voted for, and then at full length the office for which such person received such votes, and the number he did receive, the number being expressed at full length; such entry to be made, as nearly as circunstances will permit, in the following form, to wit:
At an election held at the house of (A. B.) in the town (district or precinct) of .... in the County of .. and in the State of Idaho, ou the
.. day of ......, A. D. ...., the following named persons received the nuinber of votes annexed to their respective names for the following described offices, to wit: (A. B.) has .. votes for member of Congress; (1. J.) has .. votes for member of State Senate; (K. L.) has .. votes for member of House of Representatives, (and in like inanner for any other person voted for). Certified by us,
After the canvass of the vote the judges of election must enclose and seal one of the poll books; also, all stubs and unused ticket books, and defaced or mutilated ballots, and the election stamp, under cover, directed to the clerk of the board of county commissioners of the county in which such election was held. And the package thus sealed must be delivered direct to the said clerk personally, or transmitted by special messenger without expense to the county, or deposited in the nearest postoffice by one of said judges, to be chosen by lot. And the postage thereon and the fees for registering the same must be fully prepaid. And said package must be duly registered and receipt therefor taken. And the other poll book and poll list, together with the ballots, must be, by said judges, placed in the ballot box, and by them sealed up and then deposited with one of said judges, to be decided by lot, if they cannot otherwise agree. And the said poll books and ballots must be kept with the seal unbroken for at least eight months, unless the same is required as evidence in a court of law in any case arising under the election laws of this State, and then only when the judge having said ballot box in charge is served with a subpæna requiring him to produce the same in court as evidence in any such before-mentioned case, when the same may be opened under the direction of said court.
Canvass of Returns, Declaration of Results, and Certificates of Election.
Sec. 92. The board of county commissioners, the auditor acting as clerk, in the several counties, must act as a board of canvassers of elections, and must, on the tenth day after any general or special election, or sooner, if all the returns be received, and any two of the commissioners are present, proceed publicly, at their office, to open the re. turns and canvass the votes of said election, and make up abstracts thereof; and it is their duty to canvass and make up abstracts of all returns that are intelligible on their face and which are sufficiently authenticated to show what returns they are; and if any returns are rejected on account of informality, ambiguity or uncertainty-and none
must be rejected for other causes—then it is the duty of the board to deliver the returns so rejected to the sheriff of the county, who must proceed at once to summons and call together the board of judges of election of the precinct from which said returns were received, and inform them that such return has been rejected; and it is the duty of such board of judges to meet publicly, at the place where the election was held in their precinct, immediately after receiving such notice, and at once proceed to put said return in due form and certify to the same; and for the purpose of so doing they may have the ballot box brought in and opened in their presence, the contents thereof inspected, and when said returns have been duly corrected they must be delivered into the hands of the sheriff, and the board of canvassers may adjourn, to await the correction of said returns, for the period of not more than five days at one time, nor more than ten days in all. When said canvass is completed, the abstract must be made up and signed by the board. The abstracts shall be made out in the following manner:
The abstract of votes for electors for President and Vice-President of the United States shall be on one sheet, and the abstract of votes for Representative in Congress shall be on another sheet, and the abstract of votes for officers of the executive department shall be on another sheet, and the abstract of votes for Senators shall be on another sheet, and the abstract of votes for Representatives shall be on another sheet, and the abstract of votes for Judges of the Supreme Court shall be on another sheet, and the abstract of (votes) for judges of the district court and district attorney shall be on another sheet, and the abstract of votes for county and precinct officers shall be on another sheet; and it shall be the duty of the auditor of the county immediately to make out a certificate of election to each of the persons having the highest number of votes for county and precinct officers, respectively, and cause such certificate to be delivered to the person entitled to it. If any two or more persons have an equal number of votes for the same county or precinct office, and a higher number than any other person, the county commissioners shall immediately determine by lot which of the two candidates shall be elected.
The auditor of the county, immediately after making out abstracts of votes given in his county, shall make a copy of such abstract and deliver or transmit the same in a registered package by mail to the office of the Secretary of State; the original abstracts he shall file and record in a book in his office to be kept for that purpose. He shall also certify to the abstracts and copies and affix thereto the county seal, and the said auditor shall indorse on the back of each abstract: "Certified copy of the abstract of votes cast for Governor, etc., members of the Legislature, etc., (as the case may be), cast at the regular election in county,
.18... The Governor, Secretary of State, Auditor of State, Treasurer of State and Attorney-General, or any three of them, shall constitute the Board of State Canvassers, and shall canvass the abstracts of votes cast in the different counties of the State for electors of President and Vice-President of the United States, for Representative in Congress, for Judges of the Supreme Court and district courts, for district attorueys, and for Senators and Representatives and all State officers.
If from any county no such abstract of votes shali have
been received within twenty days next after election by the Secretary of State, he shall dispatch a special messenger to obtain a copy of the same from the county auditor of such county, and such county auditor shall immediately, on deniand of such messenger, make out and deliver to him the copy required, which copy of the abstract of votes the messenger shall deliver to the Secretary of State without delay. The said messenger shall receive as compensation for his services three dollars per day and fifteen cents per each mile traveled in going to aud returning from the county seat of said county, by the usual route, to be paid by the county.
Sec. 96. For the purpose of canvassing the result of elections, the State Board of Canvassers shall meet at the office of the Secretary of State, at ten o'clock of the forenoon of the twentieth day after any election for any of the officers mentioned in section ninety-four of this Act, if it be not on Sunday; if it be on Sunday, then they shall meet on the twenty-first day, when they shall, if the returns from all the counties of the State be in the possession of the Secretary of State, proceed to canvass the votes; if the returns are not all in, they shall adjouri from time to time, as they deem proper, to await the receipt of all the returns: Provided, however, That on the second Wednesday of December next after the election, they shall canvass the votes, whether all the returns be received or not.
SEC. 97. The State Board of Canvassers, when inet in accordance with law and a quorum (three) being present, shall proceed to examine and make statement of the whole number of votes given at any such election for all the officers mentioned in section vinety-four of this Act that shall have been voted for in said election, which statement will show the names of the persons to whom such votes shall have been given for either of the said offices, and the whole number given to each, distinguishing the several districts aud counties in which they were given; they shall certify such statement to be correct, and subscribe their names thereto, and they shall thereupon determine what persons have been, by the greatest number of votes, duly elected to such offices, or either of them, and shall indorse and subscribe on such statements a certificate of their determination, and deliver them to the Secretary of State.
Sec. 98. If any two or more persons have an equal and the highest number of votes for member of either house of the Legislature, for Judge of the Supreme or district courts, for district attorney, or for any State office, other than those mentioned in section I of article four of the Constitution, the State canvassers shall proceed to determine, by lot, which of the candidates shall be declared elected. Reasonable notice shall be given to each candidate of the time when such election will be so determined.
The Secretary of State shall record in his office, in a book to be kept by him for that purpose, each certified statement and determination as made by the Board of State Canvassers, and shall, without delay, make out and transmit to each of the persons thereby declared to be elected a certificate of his election, certified by him under his seal of office.
SEC. 100. Upon the day fixed by law for the assembling of the Legislature, the Secretary of State shall lay before each house a list of the