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original ballots, and the printing and the care of the same must be under the same provisions and penalties as the printing and care of the other ballots.1

Ballot-boxes. It is the duty of the precinct boards of election to furnish all the ballot-boxes necessary in their respective precincts, and the precinct election boards must take into their care and custody all the ballot-boxes and equipments necessary at their respective polling places, and preserve them until demanded by the county board, and they must have care and custody of the same, and direct in whose custody they must remain after an election. The trustees of townships must turn over to the precinct election board the ballot-boxes they now have in their possession.1

OPENING THE POLLS.

Hours for opening and closing polls.-The polls must be opened at six o'clock in the forenoon, and closed at six in the afternoon of the same day.2 2929.3

Opening the ballot-box.—It is the duty of the judges of election, or one or more of them, in presence of and under the direction and supervision of the others, immediately before proclamation is made of the opening of the polls, to open the ballot-boxes in the presence of the people there assembled, extending at the same time, to such as desire it, the privilege 188 Laws, 449, sec. 7.

2 Id., sec. 19.

After the polls have once been opened, in pursuance of the statute to regulate elections of May 3, 1852, requiring them to be open "between the hours of 6 and 10 in the morning, they can not be closed for any purpose until 6 o'clock in the afternoon, without rendering the election illegal and void. State ex rel. Brown v. Ritt, 7 Am. L. R. (n. s.) 88.

The provisions of the election law, that the polls should be open from between the hours specified for opening and closing, is directory, and a departure from the strict observance of its provisions does not necessarily invalidate the election, when it appears that no fraud has been practiced and no substantial rights violated. Fry v. Booth, 19 Ohio St. 25.

3 As amended, 88 Laws, 99.

of examining the same in the presence of the judges; and it is their further duty to turn the boxes upside down, so as to empty them of any thing that may be in them, and then lock them-all of which must be done in the presence and full view of the people, and the ballot-boxes must not be reopened until the close of the polls for the purpose of counting the ballots. 2937.

Packages to be opened publicly.—At the opening of the polls the seals of the packages received from the county board of elections are to be publicly broken, and the packages opened by the presiding officer. The cards of instruction are to be immediately placed in each voting shelf or compartment, and in such other places as the election officers may determine upon.1

Separate ballot-boxes and returns in certain precincts.—In precincts composed of parts of two or more townships, in all elections for township officers, or for township purposes, separate ballot-boxes are required to be provided for the differenttownships represented; and it is provided that the judge to whom any ticket is delivered shall, upon receipt thereof, announce in an audible voice, the name of the elector and of the township in which the elector resides, and shall deposit such ticket in the ballot-box of such township; and that at elections for township officers or township purposes, the officers of such election shall keep separate tally-sheets for the different townships represented, and shall make correct returns in accordance therewith; in such manner and at such time as is provided by law for like elections, to the clerks of the proper township. 1397.

CASTING THE BALLOT.

Entry of voter's name or number.-Any person desiring to vote and legally entitled to vote at such election must give his name and residence to the election officer holding the ballots, who must write the same upon the main stub of the ticket in the blank places provided therefor. Such officers must then

188 Laws 449, sec. 8.

mark upon the secondary stub the elector's registered number, in all precincts in which a registration law is in force, and in all other precincts the elector's full name.1

Ballot given to voter.—One of the election officers must then detach the ballot, with the secondary stub attached, from the main stub, and must hand it to the elector, and the elector must be allowed to enter the place inclosed by the guard-rail. The officer can give him one and only one ballot.

Marking the ballot.-On receipt of his ballot, the elector must forthwith and without leaving the inclosed place retire alone to one of the voting shelves, as provided, and prepare his ballot by marking in the appropriate margin or place a cross mark (X) immediately preceding the name of the candidate of his choice for each office to be filled and in case of a question submitted to the vote of the people, by marking in the appropriate margin or place a cross mark (X) against the answer which he desires to give. Should any elector desire to vote for each and every candidate of one party, he must make a cross mark (X) before the name of that party in the blank space provided therefor; provided, however, that if a cross mark be made before the name of any party, and a cross mark be also made before the name of one or more candidates of a different party or parties, the vote must be counted for the candidates so marked, and not for the candidates for the same office of the party so marked; but the vote must be counted for the other candidates under such party name or designation.1

Errors in marking ballots; how treated.—If the elector mark 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 must not be counted for such office. No ballot can be rejected for any technical error which does not make it impossible to determine the voter's choice. Nothing in the law contained is to be so construed as to prevent a voter from voting for any qualified per

188 Laws, 449, sec. 16.

son other than those whose names are printed on the ballots, for any office to be filled, by writing in black pencil mark or ink, under the designation of the office, the name of such person and placing before such name a cross (X) mark. All markings upon the ballots must be made by black lead pencil or ink.1

Folding ballot.-Before leaving the voting shelf, the elector. must fold his ballot without displaying the marks thereon, except the indorsements, and the fac simile of the signatures of the members of the board of election must be disclosed."

Deposit of ballot; stubs; five-minute rule.-One of the election officers must receive the ballot, detach the secondary stub bearing the elector's registered number or name, and deposit the ballot in the ballot-box. The secondary stubs must be preserved until the polls are closed, and must then be destroyed, before the ballot-box is opened. The elector must mark and vote his ballot without undue delay, and must leave said inclosed place as soon as he has voted. No such elector can 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 such shelves are in use and electors are waiting to occupy the same, or to speak to, or to converse with any one, except as herein provided, while within such guard-rail. No elector, not a judge of elections, may be allowed to re-enter said inclosed place during said election. No more electors. can be allowed to enter within said rail at any one time than there are voting shelves provided. It is made the duty of the judges of elections to secure the observance of these provisions.2

Return of ballot if not voted; second or third ballot, when given. Every elector who does not vote a ballot delivered to him by the ballot officer must, before leaving the polling place, return such ballot to such officer. If any elector soil or deface a ballot so that it can not be used, he may successively

188 Laws, 449, sec. 16.

2 88 Laws, 449, sec. 17.

obtain others, one at a time, not exceeding in all three, upon returning each ballot so soiled or defaced.1

When voter may be assisted to mark ballot.-Any elector who declares to the presiding judge of election, that for any reason he is unable to mark his ballot, must, upon request, receive the assistance of two of the judges of election, belonging to different political parties, in the marking thereof, and they must thereafter give no information in regard to the matter. The presiding judge may, in his discretion, require such declaration of disability to be made by the elector under oath before him.

No ballot without the official indorsement can be allowed to be deposited in the ballot-box, and none but the official ballots provided as above set forth can be counted.'

Ballot to be delivered to judge.—Each elector must, in full view of the people there assembled, deliver to one of the judges of the election a single ballot or piece of paper, with the name or names of the person or persons voted for, and a pertinent designation of the office which he or they may be intended to fill written or printed thereon. 2949.

Name of voter proclaimed.-The judge to whom any ticket is so delivered must, upon receipt thereof, pronounce with an audible voice the name of the elector. 2950.

Placing ballot in the box.-If no objection is then made, and the judges are satisfied that the elector is a citizen of the United States and legally entitled, under the constitution and laws of this state, to vote at the election, the ticket must be immediately placed in the box, without any inspection of the names upon it. 2950.

Entry of name in poll-book.-The clerks of election must enter the name of the elector and number the same in the poll-books agreeably to the form provided. After each challenged voter's name whose vote has been received, the clerks are to write the word "sworn." 2950, 2944.

Heading of ballots.-Whenever any ballot with a certain

188 Laws, 449, sec. 17.

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