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Special elections for county offi
ed by sheriff.
Orders and writs for elections, what to specify,
at the seat of government, once in each week from the date of such notice or writ, until the election to which it shall refer.
SECTION 14. All special elections for county officers, and the cers, to be order- filling of all vacancies in county offices at a general election, shall be ordered by the sheriff of the county, which order shall be countersigned by the clerk of the board of supervisors; in all other cases of special elections, they shall be ordered by the governor. SECTION 15. Every order or writ issued for a special election shall specify the county or district in which such election is to be and to whom de- held, how the vacancy occurred, the name of the officer in whose office it occurred, the time when his term of office will expire, and the day on which such election is to be held; which shall not be less than twenty nor more than forty days from the date of the order or writ; and the same shall be forthwith delivered to the sheriff of the county, or in case of vacancy in a district composed of more than one county, then to the sheriff of each county in such district.
Duty of sheriff on receiving notices.
Duty of town
clerk and inspec
SECTION 16. The sheriff, on receiving either of the notices directed in this chapter to be sent to him, shall forthwith cause a notice in writing to be delivered to the town clerk of each town, and to one of the inspectors of election in each ward in any city of his county; or if the vacancy be in an assembly or senate district within his county, then such notice shall be delivered to such officer in each ward or town in such district; which notice shall contain in substance the notices so received by such sheriff.
SECTION 17. The town clerk of every town, or inspectors in tors previous to any ward of any city, ten days previous to any general election, general elections, or on receiving either of the notices directed in this chapter to be and on receiving delivered to him, shall give notice in writing, under his hand, to
When office of
clerk of supervis
the electors of his town or ward, of the time and place at which such election is to be held, and of the officers to be chosen; and if the notice is for a general election, it shall state whether any of the officers then to be chosen are to fill vacancies, and the names of the last incumbents of the offices in which vacancies exist; and such town clerk or inspectors shall cause such notices to be posted up conspicuously in at least five of the most public places in his town or ward.
SECTION 18. Whenever in any county the office of sheriff sheriff vacant, shall be vacant, and there shall be no person therein authorized to ors to act. perform his duties, the clerk of the board of supervisors of such county shall receive, and make out and deliver the notices of the election, in this chapter required to be received, made out, and delivered by such sheriff.
If vacancy in the office of senator or member of as
clerk of supervis
SECTION 19. Whenever a vacancy shall occur in the offices of either state senator or member of assembly, otherwise than by sembly, duty of resignation, it shall be the duty of the clerk of the board of supervisors of the county in which the senator or member of assembly whose office is vacant shall have resided at the time of his election, to transmit without delay a notice of such vacancy to the governor.
MANNER OF CONDUCTING GENERAL ELECTIONS.
SECTION 20. The supervisors of each town shall be the inspect
ors of elections in such town, and the aldermen in each ward of aldermen to be any city shall be the inspectors of elections in such ward.
inspectors of elec tion.
SECTION 21. In the case of the death, absence, or refusal to act, In case of of any or all of the inspectors, the electors present may choose, to choose inspecviva voce, from the qualified electors of the town or ward, such tors. number, as together with the inspector or inspectors present, if any, will constitute a board of three, and the persons so chosen shall be authorized to act as inspectors at that election.
one or more oth
SECTION 22. The town clerk, if present, shall act as clerk of Town clerk to act the election, and before the opening of the polls, the inspectors at as clerk of the polls, and inspeceach poll shall appoint another competent person to be clerk of the tors to appoint election; and if the town clerk be absent, the board shall appoint er clerks. two such clerks; the inspectors in each ward in any city shall appoint two clerks of election; but no person shall act as clerk of the election who is not a qualified elector of the town or ward in which he is appointed.
SECTION 23. Whenever, in the opinion of the inspectors of Inspectors may election of any town, more than one election poll will be necessary designate other places for holding for the convenience of the electors, at any general or special elec- polls. tion, they are hereby authorized to designate a place or places where another or other polls shall be held, giving at least eight days' notice thereof, by posting up notices in five of the most public places in such town; at which place or places so designated, the inspectors and clerks of such poll or polls shall be chosen, as provided in the last two preceding sections, and they shall be authorized to act as inspectors and clerks of such election.
SECTION 24. Whenever the chairman of the town board of Chairman of the supervisors is present, he shall be chairman of the election board; board. but if he be absent, such one of their number as the inspectors shall appoint shall be chairman of the board.
clerk to take
SECTION 25. Previous to receiving any votes, the inspectors Inspectors and and clerks of election shall severally take an oath, or affirmation, oath, and same to that they will support the constitution of the United States, and the be annexed to poll book. constitution of the state of Wisconsin, and will perform the duties of inspectors (or clerk, as the case may be) of election according to law, and will studiously endeavor to prevent all fraud, deceit, or abuse in conducting the same. Said oath or affirmation shall be in writing, shall be subscribed by the persons taking the same, and may be administered by any person authorized to administer oaths, or by either of said inspectors; and shall be annexed to and returned with the poll book to the clerk of the board of supervisors.
ed and closed.
SECTION 26. The polls of the election shall be opened at nine Polls when openo'clock in the forenoon, or as soon thereafter as may be, on the day of election, and shall be kept open until sundown in the afternoon of the same day; but the board may adjourn the polls at twelve o'clock noon, for one hour.
SECTION 27. The inspectors shall cause proclamation to be Proclamation to made of the opening and closing of the polls, and of each adjourn- be made, and notice of adjournment; and at the opening of the polls in the forenoon, the in- ment to be given. spectors shall give notice thereof, if any adjournment is to take place.
S. L. 1857, ch. 85.
SECTION 28. It shall be the duty of the inspectors of the elecopen and empty tion, or one of them, immediately before proclamation is made of the opening of the polls, to open the ballot boxes in the presence of the people there assembled, and turn them upside down, so as to empty them of every thing that may be in them, and lock them; and they shall not be reopened until for the purpose of counting the ballots therein, at the close of the polls.
Elector to deliver
SECTION 29. Each elector shall publicly, at the polls where in person a single he offers to vote, deliver in person to one of the inspectors of election, a single ballot, or piece of paper, on which shall be written or printed the names of the persons voted for, with a pertinent designation of the office which he, or they, may be intended to fill ; but no elector shall vote except in the township or ward in which he actually resides.
SECTION 30. The inspectors of election, in determining the inspectors in de- residence of a person offering to vote, shall be governed by the dence of elector. following rules, so far as they may be applicable.
All the names to be on one ballot.
When two mem
First. That place shall be considered and held to be the residence of a person, in which his habitation is fixed, without any present intention of removing therefrom, 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, or county, town, or ward of this state, for temporary purposes merely, with an intention of returning.
Third. A person shall not be considered to have gained a residence in any county, town, or ward of this state, into which he shall have come for temporary purposes merely.
Fourth. If a person remove to another state with an intention to make it his permanent residence, he shall be considered and held to have lost his residence in this state.
Fifth. If a person remove to another state with the intention of remaining there an indefinite time, and as a place of present residence, he shall be considered and held to have lost his residence in this state, notwithstanding he may entertain an intention to return at some future period.
Sixth. The place where a married man's family resides shall generally be considered and held to be his residence; but if it is a place of temporary establishment for his family or for transient objects, it shall be otherwise.
Seventh. If a married man has his family fixed in one place, and he does his business in another, the former shall be considered and held to be the place of his residence.
Eighth. The mere intention to acquire a new residence, without the fact of removal, shall avail nothing; neither shall the fact of removal without the intention.
Ninth. If a person shall go into another state, and while there exercise the right of a citizen by voting, he shall be considered and held to have lost his residence in this state.
SECTION 31. The names of all persons voted for by an elector, at any general or special election, shall be on one ballot.
If at a general election there shall be a vacancy
lots shall design
to be supplied in the office of representative to congress, and at bers of congress the same election a representative to congress is to be elected for elected, how bala full term, the ballots shall designate the congress for which each ate each. person is intended to be chosen.
SECTION 33. It shall be the duty of each inspector of the elec- Inspector to tion, to challenge every person offering to vote, whom he shall challenge. know or suspect not to be duly qualified as an elector.
S. L. 1857, ch. 85.
SECTION 34. If a person offering to vote is challenged as un- Proceedings of qualified, by any elector, or by one of the inspectors of the election, inspectors in case one of the inspectors shall tender to him the following oath or affirmation:
You do swear [or affirm] that you will fully and truly answer all such questions as shall be put to you touching your place of residence and qualifications as an elector of this election.
ground of chal
First. If the person be challenged as unqualified, on the ground when not being that he is not a citizen, and hath not declared his intention to be- a citizen is come a citizen, the inspectors, or one of them, shall put the follow- lenge. ing questions:
1. Are you a citizen of the United States? If no, then
2. Have you declared your intention to become a citizen of the United
States, conformably to the laws of the United States?
3. When and where did you declare your intention to become a citizen of the United States?
on ground of res
Second. If the person be challenged as unqualified on the When challenged ground that he has not resided in this state for one year immedi- idence in state. ately preceding the election, the inspectors, or one of them, shall put the following questions:
1. How long have you resided in this state 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 did you leave for a temporary purpose, with the design of returning, or for the purpose of remaining away?
4. What state or territory did you regard as your home while absent ?
5. Did you, while absent, vote in any other state or territory?
Third. If the person be challenged as unqualified on the ground when challenged that he is not a resident of the county, town, or ward where he on the ground of offers his vote, the inspectors, or one of them, shall put the follow-county. ing questions:
1. When did you last come into this county, town, or ward?
2. Did you come for a temporary purpose merely, or for the purpose of
making it your home?
3. Did you come into this county for the purpose of voting in this county?
4. Are you now an actual resident of this county or ward, and what is the
particular description, name, and location of your place of residence?
Fourth. If the person be challenged as unqualified on the ground When challenged that he is not twenty-one years of age, the inspectors, or one of on ground of age. them, shall put the following question:
1. Are you twenty-one years of age to the best of your knowledge and belief?
The inspectors of the election, or one of them, shall put all other questions to the person challenged, under the respective heads
If person challenged refuse to answer, his vote to be rejected.
S. L. 1857, ch. 85.
If challenge be
oath to be administered.
If person refuse the oath vote rejected.
aforesaid, as may be necessary to test his qualifications as an elector at that election.
SECTION 35. If the person challenged shall refuse to answer fully any of the foregoing questions, or any other question touching his qualifications as an elector at that election, the inspectors shall reject his vote.
SECTION 36. 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 inspectors shall tender to him the following oath :
You do solemnly swear [or affirm, as the case may be] that you are twentyone years of age; that you are a citizen of the United States, [or that you have declared your intention to become a citizen, conformably to the laws of the United States on the subject of naturalization;] that you have resided in this state one year next preceding this election; that you are now a resident of this town, [or ward, as the case may be ;] that you have not voted at this election, and that you have not made any bet or wager, or become directly or indirectly interested in any bet or wager, depending upon the result of this election.
SECTION 37. If any person shall refuse to take the oath or affirmation so tendered, his vote shall be rejected.
SECTION 38. Whenever any person's vote shall have been reMemorandum in ceived, after having taken the oath provided in the thirty-sixth section of this chapter, it shall be the duty of the clerks of the election to write on the poll book, at the end of such person's name, "sworn."
case voter is "sworn."
If oath taken,
vote to be received.
Ballot box to be provided.
Opening in same.
Ballots not to be
SECTION 39. If any person so offering to vote shall take such oath, his vote shall be received.
SECTION 40. There shall be provided and kept by the town clerk of each town, at the expense of such town, and by the aldermen of each ward in any city, at the expense of such city, a suitable ballot box with a lock and key.
SECTION 41. There shall be an opening through the lid of such box, of no larger size than shall be sufficient to admit a single closed ballot.
SECTION 42. When a ballot shall be received, one of the inopened or exam- spectors, without opening the same, or permitting it to be opened or examined, shall deposite it in the box.
Each clerk to keep poll list.
To compare and
SECTION 43. Each clerk shall keep a poll list, which shall contain the names of all the persons voting at such election.
SECTION 44. At each adjournment of the poll, the clerks shall, correct same at in the presence of the inspectors, compare their respective poll lists, compute and set down the number of votes, and correct all mistakes that may be discovered according to the decision of the board, until such poll lists shall be made in all respects to correspond.
SECTION 45. The ballot box shall then be opened and the poll Box, lists, and key, how kept. lists placed therein, and such box shall then be locked, and a covering with a seal placed on the opening in the lid of such box, so as entirely to cover the same, and the key delivered to one of the inspectors, and the box to another, to be designated by the board.
Key and box, by
SECTION 46. The inspector having the key shall keep it in his whom kept, and own possession, and deliver it again to the board at the next opening of the poll; and the inspector having the box shall carefully keep it without opening, or suffering it to be opened, or the seal
to whom returned.