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rected to the judges so appointed, and said sheriff shall, within five days after the receipt of such notice, transmit the same by registered mail to each of said judges of election; Provided, That the sheriff shall in person or by deputy serve said notice upon any of the judges of election in the polling precinct at the county seat of his county. POLITICAL QUALIFICATION OF JUDGES.

[S. L. 1890, Ch. 80, Sec. 56.]

Sec. 276. In making the appointment of judges of election as aforesaid, not more than two at any polling precinct shall be from any one political party.

TERM OF OFFICE-HOW APPOINTED IN CITIES.

[S. L. 1890, Ch. 80, Sec. 57.]

Sec. 277. The judges of election shall be and continue judges of all elections to be held within their precincts for one year and until other judges shall be appointed as hereinbefore directed. Municipal elections shall be conducted in accordance with the provisions of this title. Provided, however, That the judges of election for such municipal election shall be appointed by the councilmen or trustees of the incorporated city or town in which said election shall be held.

[S. L. 1890, Ch. 80, Sec. 58.] CLERKS OF ELECTION-APPOINTMENT OF-POLITICAL QUALIFICATIONS.

Sec. 278. The judges of election shall choose two persons, having the same qualifications with themselves, to act as clerks of the election and the clerks of the election may continue to act as such during the pleasure of the judges of election appointing them. The clerks shall not be members of the same political party unless it be impracticable to obtain two thus qualified.

[S. L. 1890, Ch. 80, Sec. 59.]

FILLING VACANCY IN OFFICE OF JUDGE-ELECTION PROCEEDINGS INVALID-WHEN.

Sec. 279. If at any time appointed by law for the opening of any election, any person duly appointed to act as judge of the election shall fail or refuse to act or to be sworn or affirmed to act in such capacity, the place of such persons shall be filled by the viva voce votes of qualified electors residing within the polling precinct as may be present at the place of election, and each person so elected to fill such vacancy shall be a qualified elector of the precinct and shall be vested with the same power as if appointed by the board of county commissioners. All such judges shall at all times be present when the ballots are being cast and counted. Any ballot cast in the absence of any judge shall be invalid. Any proceeding had in the count and canvass of the votes by the judges, during the absence of any judge, shall be invalid.

OATH OF JUDGES OF ELECTION.

[S. L. 1890-91, Ch. 100, Sec. 15.]

Sec. 280. Judges of election, whether appointed by the commissioners or elected, shall before entering upon their duty as judges of election, severally take and subscribe the following oath in writing:

"I do solemnly swear (or affirm) that I will impartially and to the best of my knowledge and ability, perform the duties of judge of this election, and I will studiously endeavor to prevent all frauds, deceit and abuse in conducting the same."

In pecincts where prior registration is not required, the judge of election shall, in addition to the foregoing oath, take and subscribe to the oath required of registry agents before entering upon their duties.

[S. L. 1890-91, Ch. 100, Sec. 16.]

OATH-HOW ADMINISTERED.

Sec. 281. Such oath may be taken before any person authorized to administer oaths, but if no person authorized to administer an oath be present, then the judges shall administer the oath to each other with like effect in all proceedings, both civil and criminal, as though the oath had been administered by any other person authorized to administer oaths.

OATHS OF CLERKS-HOW ADMINISTERED.

[S. L. 1890, Ch. 80, Sec. 62.1

Sec. 282. The clerks of election shall take and subscribe in writing an oath similar in character to that required by law to be taken by the judges, which oath may be administered by any one of the judges to the clerks.

PAY OF ELECTION OFFICERS.

[S. L. 1890, Ch. 80, Sec. 63.]

Sec. 283. The judges and clerks of general county and municipal elections shall receive three dollars each for each full day for their services in attending such elections and ten hours shall constitute one day, and the judge or clerk who carries the returns to the postmaster at the nearest postoffice shall also receive ten cents per mile each way by the nearest traveled route unless he has to travel in another way than by railroad, in which case he shall receive ten cents per mile each way and three dollars per day for each day necessarily and actually employed in such travel, also the amount expended for postage and the registration fee upon such returns. Constables serving, shall receive three dollars per day.

CERTIFICATE OF PAY OF ELECTION OFFICERS.

[S. L. 1890, Ch. 80, Sec. 142.]

Sec. 284. The clerk of each county, or municipality as the case may be, shall, on the canvass of the election returns of any election, make out his certificate stating therein the compensation to which the judges or clerks of such election and constables may be entitled for services, and lay the same before the county commissioners, or city or town council as the case may be, at their next meeting, and the compensation aforesaid shall be ordered to be paid out of the treasury of such county, city or

town.

DUTIES OF OFFICERS.

[S. L. 1890, Ch. 80, Sec. 143.]

Sec. 285. No officer shall deposit in the ballot box any ballot except a lawful one. A lawful ballot is an official ballot officially stamped and marked with the initials or name of a judge of the election, and offered by a qualified elector during the time of election.

No officer shall allow an unqualified elector to vote.

No officer shall count the ballot of an elector more than once.

No officer shall open or unfold any ballot presented by an elector.

No officer shall reveal how any elector has voted.

No officer shall ascertain or allow any person to ascertain how an elector has voted; Provided, however, an officer may assist a qualified but incapacitated elector to vote as provided for in sections three hundred and twenty-eight and three hundred and twenty-nine.

No officer shall refuse a qualified elector the right to vote.

No officer shall be guilty of any fraud, corruption or misbehavior in the receiving or canvassing or returning of votes.

No officer shall change any ballot voted.

The word officer as used in this section shall include judges and clerks of election, county and municipal clerks, justices of the peace, messengers and all others who are in any way connected with the con

duct of an election or the canvassing or returning thereof. Any officer violating any of the provisions of this section, shall be imprisoned in the penitentiary not more than five years and not less than one year, or be fined not more than two thousand dollars, and not less than one hundred dollars, or may be both imprisoned and fined as aforesaid, and shall forever thereafter be incapacitated from holding any civil office or of exercising the elective franchise in Wyoming.

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Sec. 286. All ballots cast in elections for public officers (except school district officers) shall be printed and distributed at public expense as provided for in section two hundred and eighty-seven.

PRINTING OF BALLOTS A PUBLIC CHARGE.

[S. L. 1890, Ch. 80, Sec. 82.]

Sec. 287. The printing of ballots and cards of instructions for the electors of each county and the delivery of the same to the election officers, as provided for in section two hundred and ninety, shall be a county charge, the payment of which shall be provided for in the same manner as the payment of other county expenses, and the expense of printing and delivering the ballots and cards of instruction shall in the case of municipal elections be a charge upon the city or town in which such election shall be held.

[S. L. 1890, Ch. 80, Sec. 83.]

BALLOTS SHALL STATE PROPOSITIONS SUBMITTED TO ELECTORS.

Sec. 288. Whenever the secretary of state has duly certified to the county clerk any question to be submitted to a vote of the people, the county clerk shall have printed on the regular ballots the question in such form as will enable the electors to vote upon the question so presented in the manner provided for in section two hundred and eightynine. The county clerk shall also prepare the necessary ballots 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 ballots.

WHAT BALLOTS SHALL CONTAIN.

! Sec. 289.

[S. L. 1890, Ch. 80, Sec. 105.]

First-All ballots prepared under the provisions of this chapter shall be uniform in size, white in color, of a good quality of paper, sufficiently thick that the printing cannot be distinguished from the back, and all printing thereon shall be in black ink.

Second-Every ballot shall contain the name of every candidate

whose nomination for any office specified in the ballot, has been certified or filed according to law, and no other name.

Third-All nominations made by any political party casting ten per cent. of the vote in the state at either of the last two preceding general elections shall be placed in a separate column, and all the nominations of any such political party shall be placed under the name of such party, as designated by them in their certificates of nomination. Only one word shall be so used on a ballot to designate the name of any political party, as for instance: "Republican," "Democrat," or "People's."

Fourth-Any proposed constitutional amendments or other questions to be submitted to the electors for popular vote, shall be printed at the foot of the ballot in such convenient place as to be readily distinguishable.

Fifth-The ticket of the party having the greatest number of votes within the county at the last preceding general election shall be placed first on the ballot, and the position of the other tickets shall be governed relatively by the same rule. In determining the number of votes cast or had by the several political parties, reference shall only be had to the . vote for representative in congress.

Sixth-The name of a candidate shall be printed upon the official ballot once, and no more.

Seventh-On the left hand side of the ticket shall be a column designating the office to be voted for, and on the same line in the several columns under the appropriate party names all the names of candidates nominated for that office shall be printed.

Eighth-The names of persons nominated otherwise than by the convention of a party entitled to a column on the ballot shall be placed in one or more columns to the right of the party columns and under the designation or heading of "Independent," and after each such name shall be printed in one word the name of his party or principle, as given in his certificate of nomination.

Ninth-There shall be a space between the party name at the top of each party column and the name of the head of the ticket, of five eighths of an inch and in the center of the space under the party name there shall be a square of three-eighths of an inch in which the voter by his cross mark may declare that he votes for all the names printed in that column except such as are erased, as hereinafter specified.

Tenth-If an elector desires to vote for part, but not all of the candidates named in the column of any party, he may make a cross in the square at the head of that column and erase the name of each candidate for whom he does not wish to vote. There shall be left under the name of each candidate sufficient space to write another name therein in lieu of the one printed; and when any name so printed is erased and another name is writetn immediately thereunder, it shall be counted as a vote for the name so written in lieu of the one erased.

Eleventh-On a line with the name of each candidate and to the right of each column there shall be a space enclosed in a square in which the voter may make a cross mark and thereby indicate his choice for such candidate for that office. When a voter votes for a party ticket by using the square at the head of the party column and erases the names in that column, he may then vote for any other candidate for that office in lieu of the name erased by placing a cross in the appropriate space opposite the name of such other candidate.

Twelfth-In the preparation of the ballot the order of arrangement of offices to be filled shall be:

1st.

Presidential electors, if any.

2nd. State officers, including justice of the supreme court.

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Thirteenth-Each ballot shall contain on the face thereof the following specific instructions and no others, in addition to the words "official ballot," and the name of the state and county, with the date of the election, to-wit:

"If you desire to vote an entire party ticket, make a cross in the square under the appropriate party name at the head of the ballot. If you desire to vote for a part and not all of the candidates of your party make a cross in the square under the appropriate party name at the head of the ticket, and erase the name of any candidate in that column for whom you do not want to vote, and make a cross opposite the name of the candidate you desire to vote for in lieu of the one erased, or write the name you desire to vote for in the blank space immediately under the name erased."

State ex rel vs. Burdick, 46 Pac. 854.

DELIVERY OF BALLOTS TO JUDGES OF ELECTION.

[S. L. 1897, Ch. 53, Sec. 17.]

Sec. 290. At or before the opening of the polls the county clerk or the municipal clerk in the case of municipal elections shall cause to be delivered to the judges of election of each polling precinct which is within the county or within the municipality in the case of municipal elections, and in which the election is to be held at the polling place of the precinct the proper number of ballots as provided for in section two hundred and ninety-three. He shall also deliver to the said judges a rubber or other stamp with ink pad for the purpose of stamping or designating the official tickets as hereinafter provided. Said stamp shall contain the words "official ballot," the name and number of the polling precinct, the name of the county or municipality as the case may be, the date of the election, and the name and official designation of the clerk who furnishes the tickets.

Slaymaker vs. Phillips, 5 Wyo. 453.

[S. L. 1890, Ch. 80, Sec. 110.]

BALLOTS AND STAMP DELIVERED UNDER SEAL-RECEIPT.

Sec. 291. The ballots and stamp for each precinct shall be enclosed in a package under seal, and the person delivering them to the judges of election shall take a receipt therefor, and file the same in the county or municipal clerk's office, as the case may be.

[S. L. 1890, Ch. 80, Sec. 111.]

PREPARATION OF OFFICIALLY PRINTED BALLOTS — SUCH ONLY SHALL BE CAST.

Sec. 292. Except as in this title otherwise provided, the clerk of each county shall provide printed ballots for every election for public officers other than city, town or school district officers, in which the electors or any of the electors within the county participate, and to cause to be printed in the ballot the name of every candidate whose name has been certified to, or filed with the county clerk in the manner provided for in this title. Ballots other than those printed by the respective county clerks, according to the provisions of this title shall not be cast or count

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