may be admitted as a witness of such counting. It shall be the duty of one of the judges to announce to the electors present the total number of votes polled at each change of the box; but the judges, clerks and witnesses shall make oath that they will make no statement nor give any information of any kind as to the number of votes polled for any office or person, nor the name of any person voted for, nor any other fact tending in any way to show the state of the polls at any time previous to the closing of the polls of said election on the day of the same. (R. S. 1889, § 4673-f.)

SEC. 6997. Qualifications of judges.-No person shall be qualified to act as a judge or clerk of any election unless he shall be legally entitled to vote at such election, and shall moreover be able to read and write. (R. S. 1889, § 4674.)

SEC. 6998. Poll-books shall be signed and attested.-At the close of the polls the poll-books shall be signed by the judges and attested by the clerks, and after the names therein contained shall be counted, as provided, the number shall be set down at the foot of the poll-books, in the manner provided in the form of the poll-books. (R. S. 1889, § 4675-g.)

SEC. 6999. Clerks shall enter votes.-The clerk shall enter in separate columns, under the names of the persons so voted for, as hereinafter provided in the form of the poll-books, all the votes so read by the judges aforesaid. (R. S. 1889, § 4676.)

SEC. 7000. Fraudulent ballots.-Where two or more ballots are found placed or folded together, such ballot shall be considered as fraudulent, and shall be rejected; and if two or more ballots appear corresponding with the same number, all such ballots shall be rejected as fraudulent ; and in all cases where there are two ballots corresponding to the same number, it shall be the duty of the judges of election to have the party called, and the question determined upon his evidence under oath. (R. S. 1889, § 4677.)

SEC. 7001. Ballot fraudulent in part.-If a ballot should be. found to contain a greater number of names for any office than the number of persons required to fill such office, it shall be considered as fraudulent as to the whole of the names designated to fill such office, but no further; but no ballot shall be considered fraudulent for containing a less number of names than are authorized to be inserted. (R. S. 1889, § 4678.)

SEC. 7002. Result to be publicly proclaimed.-After the examination of the ballots shall be completed, the whole number of votes for each person shall be enumerated under the inspection of the judges, and set down as directed in the form of the poll-books, and be publicly proclaimed to the persons present. (R. S. 1889, § 4679.)

SEC. 7003. Form of poll-book-ballot-boxes not to be opened, when. The following shall be the form of the poll-book to be kept by the judges and clerks of election:

Poll-book of the election held at, in the township of

the day of

in the county of

in the year of our Lord nineteen hundred and

on

—. A B, C D, E F, and

X P, judges, and J K, G H, B B and T W, clerks of said election, were severally sworn, as the law directs, previous to their entering on the duties of their respective offices.

(f) 111 Mo. 45. Two additional judges required. Section 7101. (g) 76 Mo. 136.

NUMBER AND NAMES OF VOTERS.

No. 1...
No. 2.

A B
U D
EF

No. 3..

It is hereby certified that the number of voters at this election amounts to

A B,)
CD,
E F
X P, J

Judges of election.

Attest:
J K,
GH,

Clerks.

B B,
TW, J

NAMES OF PERSONS VOTED FOR AND FOR WHAT OFFICE, CONTAINING THE NUMBER OF VOTES GIVEN EACH CANDIDATE.

Nothing herein shall be so construed as to permit the judges or clerks of election to open or cause to be opened, by themselves or any other person, the boxes containing the ballots, after the commencement of voting in the morning until the close of the polls in the evening, except as provided by section 6996. Any judge or clerk violating any provision of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined in a sum not less than one hundred dollars nor more than three hundred dollars. (R. S. 1889, § 4680.)

SEC. 7004. Secretary of State to furnish county clerks copy of election law. The secretary of state shall furnish to the several county clerks, and to the register of the city of St. Louis, at least ten days before the next general election, and as often thereafter as may be necessary, a sufficient number of printed pamphlets containing the provisions of the constitution and laws of the state, prescribing the qualifications and duties of voters and election officers, and imposing penalties upon election officers and voters, and persons attempting or offering to vote in neglect or violation of law. The county clerks and said register shall carefully preserve said pamphlets in their respective offices, and at least one copy thereof shall accompany each set of poll-books for use at any election, and the same shall be returned with the returns of such election; and it shall be the duty of the county clerk and such register to see that it is so returned. (R. S. 1889, § 4681.)

SEC. 7005. Elections in St. Louis conducted, how.-All elections

in the city of St. Louis shall be conducted in all respects as provided by the laws now in force regulating elections in said city. (R. S. 1889, § 4682.)

SEC. 7006. Poll-books to be transmitted to county clerk.-At the close of each election, the judges shall transmit one of the poll-books, by one of their clerks, to the clerk of the county court in the county in which the election was held, within two days thereafter; if the poll-books are not returned in the time provided, the clerk shall have the power to either send the sheriff or a messenger for said books; the other poll-book shall be retained in the possession of the judges of the election, open to the inspection of all persons. (R. S. 1889, § 4683.)

SEC. 7007. County clerk and two justices to cast up votes.The clerk of each county court shall, within five days after the close of each election, take to his assistance two justices of the peace of his county, or two judges of the county court, and examine and cast up the votes given to each candidate, and give to those having the highest number of votes certificates of election. (R. S. 1889, § 4684—h.)

SEC. 7008. To be done publicly.-The clerks, in comparing the returns from the several townships, shall do it publicly, in the court house of their counties, first giving notice of the same, by public proclamation at the court house door. (R. S. 1889, § 4685.)

SEC. 7009. Certificate shall include statement of what.—When any person shall have been elected a member of the house of representatives, the county clerk of the county which such person was elected to represent, if the person so elected shall produce to him the tax collector's receipt for the payment of a state and county tax within one year next preceding his election, shall include in the certificate of election, which he is required by law to give such person so elected, a statement that such person has paid such tax, as appears from the receipt of the tax collector of such county; and if such tax receipt be not so produced, the clerk in said certificate shall so state. (R. S. 1889, § 4686.)

SEC. 7010. Duty of clerks in certifying election of state senators. In all senatorial districts composed of two or more counties, the clerks of all the counties shall transmit to the clerk of the county first named in said district, within twelve days after such election, a certificate under their hands of the number of votes given for each candidate in each respective county; and the clerk of the county in which any candidate resides, if such candidate shall produce to him the tax collector's receipt for the payment of a state and county tax within one year next preceding such election, shall certify to the clerk of the county first named that such candidate has paid such tax as appears from the receipt of the tax collector of such county, and if such receipt be not produced, such fact shall be certified; and the clerk of the county to which such returns shall be made, after examining the same, shall certify the result to the secretary of state, and give to the person having the highest number of votes a certificate of his election under the seal of his office; and if it appear from the certificate of the clerk of the county in which such person resides that such person so elected has paid a state and county tax within one year next preceding his election, the clerk of the county to which such return is made shall further certify that such person so elected has paid such tax as appears from the certificate of the clerk of county, Missouri, and give such certificate to the person so elected, and

(h) 134 Mo. 347; 65 Mo. 480; 53 Mo. 97; 45 Mo. 340; 44 Mo. 223; 38 Mo. 541; 10 Mo. 629; 51 A. 299; 48 A. 111; 46 A. 421; 42 A. 115; 41 A. 99; 39 A. 393; 3 A. 526.

if it do not appear that such tax has been paid, that fact shall be stated. (R. S. 1889, § 4687.)

SEC. 7011. Clerks to transmit abstracts of votes to secretary of state. The clerks of the several courts to whom a transcript of the votes is directed shall, within two days after the time limited for the examination of the polls, deliver to the nearest postoffice on the most direct route to the seat of government, addressed to the secretary of state, a fair abstract of the votes given in their respective counties, by precincts, for members of congress, governor, lieutenant-governor, state senators and representatives, judges of the supreme court, judges of the St. Louis and Kansas City courts of appeals, judges of the circuit courts, secretary of state, state auditor, state treasurer, attorney-general, railroad and warehouse commissioners and superintendent of public schools. Such abstracts shall be enclosed in strong envelopes, closely sealed, which shall in no case be opened until the day fixed for the counting of such votes, as hereinafter provided, and the said envelopes shall be indorsed by the clerk:

"Returns of an election held in the county of day of ———, A. D. 19—, for the offices of § 4688, amended, Laws 1893, p. 167.)

on the etc. (R. S. 1889,

SEC. 7012. Special messenger may be sent.-If there shall be a failure to receive any of the returns at the seat of government for one mail after the same is due, the secretary of state, unless the circumstances shall clearly justify a longer delay, in no case to exceed forty days from the time of such election, shall dispatch a messenger to the county not returned, with directions to bring up the abstract. (R. S. 1889, § 4689.)

SEC. 7013. Penalty, if clerk fail to transmit, etc.—If such failure shall happen by neglect of the clerk, he shall forfeit to the state one hundred dollars, together with the expenses of such messenger, to be recovered by civil action before any court having jurisdiction thereof. And it shall be the duty of the secretary of state to direct the prosecuting attorney of the proper county forthwith to institute such action against such delinquent clerk. (R. S. 1889, § 4690.)

SEC. 7014. Duty of secretary of state when returns are in.Within fifty days after such general election, and as much sooner as all the returns shall have been made, the secretary of state, in the presence of the governor, shall proceed to open the returns and cast up the votes given for all candidates for any office, except governor, lieutenant-governor, secretary of state, state auditor, state treasurer, attorney-general, railroad and warehouse commissioners and superintendent of public schools, and shall give to the persons having the highest number of votes for members of congress, from each district, certificates of their election, under his hand, with the seal of the state affixed thereto, and shall certify to the governor the names of the candidates having received the highest number of votes for the offices of judges of the supreme court, circuit courts and St. Louis and Kansas City courts of appeals. (R. S. 1889, § 4691-i.)

SEC. 7015. In case of tie, a special election.—If any two or more persons have an equal number of votes for member of congress, state senator, representative, judge of the supreme court, judge of the St. Louis and Kansas City courts of appeals, or any circuit court, court of common pleas, criminal or probate court, circuit attorney or assistant

(1) 56 Mo. 107; 53 Mo. 97.

circuit attorney, and a higher number than any other person, the governor, in such case, shall issue his proclamation, giving notice of such fact, and that an election will be held at the places of holding elections for such officers, in which shall be mentioned the day of election, which election shall be conducted and returned agreeably to the provisions of law. (R. S. 1889, § 4692—j.)

SEC. 7016. Governor may direct, what.-The governor may, in special elections, if he think proper, direct in his proclamation that the returns be forwarded by messenger. (R. S. 1889, § 4693.)

SEC. 7017. Duty of secretary of state to lay before each house list of members elected. Within two days after the meeting of each general assembly, the secretary of state shall lay before each house a list of the members elected thereto, agreeably to the returns in his office, which returns and list shall show who did and who did not produce tax receipts, as provided in sections 7009 and 7010. (R. S. 1889, § 4694.)

SEC. 7018. Returns of election of state officers to be delivered to the speaker of the house.-After each election of governor, lieutenantgovernor, secretary of state, state auditor, state treasurer, attorney-general, railroad and warehouse commissioners and superintendent of public schools, the secretary of state shall, immediately after the organization of the house of representatives, deliver to the speaker thereof the returns of the votes given for the last-named officers, who shall thereupon immediately notify the senate of the same, and that the house is ready to receive the senate in joint session to open and publish the same, whereupon the senate shall immediately repair to the hall of the house of representatives; and the speaker of the house shall, before proceeding to other business, in the presence of a majority of the members elected to each house of the general assembly so assembled in joint session, open and publish the same. In case of an alleged mistake in any return, or when more than one return has been made for any of said officers from any county or city or precinct, the two houses shall, in joint session, correct such mistake, if any, and determine which is the true and correct return by a vote of a majority of the members present, and the same shall be counted by the speaker, under the direction and control of the two houses thus assembled. The person having the highest number of votes for any of said offices shall be declared by the speaker of the house to have been duly elected. (R. S. 1889, § 4695.)

SEC. 7019. Tie, how determined. If two or more persons, candidates for any of the offices named in the last preceding section, shall have an equal and the highest number of votes cast for the same, the general assembly shall, by joint vote, before proceeding to other business, choose one of such persons for such office; and the speaker of the house shall deposit in the office of the secretary of state a certificate declaring what person has been elected to such office. (R. S. 1889, § 4696.)

SEC. 7020. Compensation of clerks and messengers.-There shall be allowed to the clerks for sending or conveying the returns of any senatorial election into any other county in the district, as occasion may require, and also to any messenger who may be employed to convey the returns of any election required by law to be made to the secretary of state, at the rate of five cents per mile, going and returning. (R. S. 1889, § 4697.)

SEC. 7021. Penalty on judge or clerk for failure to do duty.-If any judge or clerk, after he shall have undertaken to perform the duties

(j) 76 Mo. 136; 65 Mo. 306; 64 Mo. 89.