clerks or ballot clerks shall not be of the same political party. In case the voter is totally blind he may be assisted by any person chosen by him from among the legal voters of the county in which the voting precinct is located. The officers or other person selected by any such voter shall retire to the booth or compartment with the elector, and shall read to him the names of all the candidates on the ballot for each office, and ask him, "Which one do you vote for?" and the ballot shall be marked according to his expressed preference, and such officers or person selected to assist shall certify on the outside of the ballot that it was marked with his or their assistance, and shall thereafter give no information regarding the same.

Oath: intoxication; showing ballot. 2. The presiding officer at the election may, in his discretion, require such declaration of disability to be made by the voter under oath, and may administer such oath. Intoxication shall not be regarded as a physical disability, and no intoxicated person shall for that reason be entitled to assistance in marking his ballot. After a ballot has been marked for a voter he shall not show it to any person except that it may be submitted to another election officer, or if a blind man, to such person as he may select to ascertain if it has been marked as he desired. The clerk shall enter upon the poll list after the name of any elector who has assistance in marking his ballot a memorandum stating that the ballot was marked by two inspectors, clerks or ballot clerks, or by a person selected by a blind man. The provision of this section shall apply to the marking of ballots up on which any question is submitted to a vote of the people. (1911 c. 373)

Ballot, how voted. Section 65. Each elector, having prepared his ballot as hereinbefore provided, shall, publicly at the poll where he offers to vote, deliver in person to one of the inspectors a single official ballot, and the inspector receiving the same shall, without opening it or permitting it to be opened or examined, deposit it in the box.

Receipt of ballot at door of polling place. Section 55. If it shall be announced to the inspector of any precinct that a voter is at the door who is unable to enter the polling place without assistance, they may, in their discretion, appoint one of their number to take an official ballot and go to the entrance of such place and present it to such physically disabled person, and assist him in marking it, if such person desires him to do so. When the ballot shall have been marked it shall be folded and immediately taken into the polling place, whereupon the inspector shall distinctly announce that he holds in his hand "a ballot offered by (naming the person), a person who is physically disabled from entering the room without assistance." He shall then ask, "Does anyone object to the reception of this pallot." If no objections are offered the ballot shall be deposited in the box, and a minute shall be made on the poll book by the clerks of election thus: "Ballot received at the door." In case objection is made to the reception of a ballot by any qualified elector present the inspectors shall decide upon the objection, and if they deem it well founded shall destroy the ballot; otherwise it shall be deposited; if the ballot is destroyed the inspectors shall immediately notify the voter of the fact.

Section 56.

Depositing unmarked ballots; ballots void, penalty. Any person who shall knowingly deposit a ballot 11 the ballot-box upon which ballot the names or initials of the ballot clerks do not appear shall be punished as provided in section 4635, and in the canvass of the votes any ballot which is not indorsed by the signatures or

autograph initials of such clerks shall be void, not counted, and le treated and preserved as a defective ballot; provided that this section shall not apply to ballots cast by women for school officers.

Marking of ballot; determination of intent. Section 57. All ballots cast at any election shall be counted for the persons for whom they were intended, so far as such intent can be ascertained therefrom. In determining the intent the following rules shall be observed:

First. If the elector shall place on his ballot at a general election a cross mark or other equivalent mark or symbol under a party designation, at the head of the column, in or near the space indicated for that purpose he shall be deemed to have voted for all the candidates whose names appear in the column under such mark, unless some name or names shall be erased, or some name shall be written in, or unless in some other column he shall have placed a mark in the square at the right of the name of some other candidate for the same office.

Second. At all elections, whether general or other, when the voter shall place a mark against two or more names for the same office, when only one candidate is to be chosen for the office, he shall be deemed to have voted for none of them, and the ballot shall not be counted for either candidate therefor.

Third. If any elector shall mark his ballot with a cross mark (X), or any other marks, as,

, A, V, 0, /, V, +

within the square after, at the right of the name of any candidate, or at any place within the space in which the name appears indicating an intent to vote for such person, it shall be deemed a sufficient vote for the candidate whose name it is opposite.

Fourth. When the elector shall have written the name of a person in the proper place for writing the same he shall be deemed to have voted for that person, although he shall have omitted to erase the name printed in the same column for the same office, or shall have made a mark against the same or against any other name for the same office, or omitted to mark against the name written.

Fifth. A ballot put in without any marks shall not be counted and a ballot not marked at the top shall be counted only for the persons for whom the marks therein are applicable. (1907 c. 583)

Section 58. Repealed by Ch. 506, 1909.

*Non-registered electors, how may vote; corroborating affidavits, limited. Section 61. On election day the inspectors shall designate two of their number, at the opening of the polls, who shall check the name of every elector voting in such district whose name is on the registry. Any person whose name is not on the registry, but who is a qualified voter therein shall, nevertheless, be entitled to vote at such election upon compliance with the following provisions, and not otherwise, namely: He shall at the time he offers his ballot, deliver to the inspectors his affidavit in which he shall state that he is a resident of the election district in which he offers to vote, naming the same, and that he is entitled to vote therein, that he has resided in said election district ten days next preceding said election, and shall give the street and number of his residence, that he is a citizen of the United States, that he is twenty-one years of age, that he has resided in the state one year next preceding said election, which said affidavit shall be substantiated by the affidavit of two freeholders,' electors in such district,

Form of affidavit, page 197.

1 Form of affidavit of freeholder, page 198.

corroborating all the material statements therein. No compensation shall be paid or received for taking or certifying any such affidavit. No one freeholder shall be competent to make at any one election, corroborating affidavits for more than five voters. All sucn affidavits shall be sworn to before some officer authorized by the laws of this state to administer oaths.

List, affidavit foreign born. The inspectors shall keep a list of the names and residences of the electors voting whose names are not on said completed registry, attach such list to the registry, and return it, together with all such affidavits, to the proper town, city, or village clerk. Provided that tne affidavit of any person who may not be a full citizen and who shall be entitled to vote at any election prior to December 1, 1912, shall be in the following form: That he is a resident of the election district in which he offers to vote, naming the same, and that he is entitled to vote therein, that he has resided in said election district ten days next preceding said election, and shall give the street and number of his residence, that he is a citizen of the United States (or has declared his intention to become a citizen of the United States, conformably to the laws of the United States on the subject of naturalization), that he is twenty-one years of age, that he has resided in the state one year preceding said election. (1911 c. 632)

Challenge of Persons Offering to Vote.

Party challengers, how appointed, powers. Section 46. Two party agents or representatives and a substitute or alternate for each, may be appointed for each polling place to act as challengers for their respective parties and candidates and to observe the proceedings of election officers. Such appointments may be made, in case of a city election, by the chairman of the political committee of any party that has nominated the candidates to be voted for thereat; in other cases of convention nominations, by the county or other proper local committee of the party making such nominations; and in case of candidates nominated by nomination papers, the candidates may appoint; 1 such appointment shall be in writing under the hand of the person making it, specifying the name and residence of the appointee, election district for which he is appointed, and the name of some substitute to be appointed in case of his failure to serve or absence from polling place, and be filed with the clerk of the city, town or village at least three days, before election. The clerk shall thereupon issue a permit upon a printed slip or card, to such appointee, which shall be his warrant of authority to be present during the election and to be inside the railed enclosure during the counting of the ballots. If any person so appointed as agent fails to serve or shall be absent for any part of election day, the clerk may issue a permit to the substitute or alternate, who may act instead of such absentee or person failing to serve. (1901 c. 254)

Challenge: who may; proceedings. Section 68. Each inspector shall, and any elector may, challenge every person offering to vote whom he shall know or suspect not to be duly qualified as an elector. If such a person is challenged as unqualified, one of the inspectors shall tender to him the following oath or affirmation: You do solemnly swear (or affirm) that you will fully and truly answer all such ques

tions as shall be put to you touching your place of residence and qualifications as an elector of this election; and thereupon put questions as follows:

First. If a person be challenged as unqualified on the ground that he is not a citizen and has not declared his intention to become a citizen:

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?

Second. If the person be challenged as unqualified on the ground that he has not resided in this state for one year immediately preceding the election.

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 that he is not a resident of the town, ward or village where he offers his vote:

1. When did you last come into this town, ward or village?

2. Did you come for a temporary purpose merely, or for the purpose of making it your home?

3. Did you come into this town, ward or village for the purpose of voting therein?

4. Are you now and have you been for the last ten days an actual resident of this town, ward or village, and what is the particular description, name and location of your residence?

5. Have you registered to vote at this election at any other place within this state?

Fourth. If the person be challenged as unqualified on the ground that he is not twenty-one years of age: Are you twenty-one years of age to the best of your knowledge and belief?

Fifth. If the person be challenged as unqualified on the ground that he has made or become directly or indirectly interested in any bet or wager depending upon the result of such election:

1. Have you made in any manner any bet or wager depending upon the result of this election, or on the election of any person for whom votes may be cast at this election?

2. Are you in any manner, directly or indirectly, interested in any bet or wager depending in any way whatever upon the result of this election?

Sixth. If the person be challenged as unqualified on the ground that he has been convicted of treason, felony or bribery and not subsequently restored to civil rights:

1. Have you ever been tried or convicted in this state of any crimeIf yes

2. Of what crime, when and in what court were you so convicted? 3. Have you in any manner since such conviction been restored to civil rights, and if yes, how?

Seventh. If the person be challenged as unqualified on the ground that he has been engaged, directly or indiretly, in a duel, either as principal or accessory:

1. Have you ever been engaged in any duel, directly or indirectly,

either as principal or as second, or in counseling or aiding either principal or second in a duel? And if yes, then

2. When and where, and had you before that time been an inhabitant of this state?

Eighth. If the person be challenged as unqualified on the ground that he is a person of Indian descent, a member of an Indian tribe or an uncivilized Indian:

1. Are you a person of Indian descent?

2. Of what tribe or nation are you a descendant?

3. Are you now a member of any Indian tribe

4. Have you received any annuity from the United States or any agent thereof, or shared in any, and, if so, when did you last so receive or snare in any?

The inspectors, or one of them, shall put such other questions to the person challenged as may be necessary to test his qualifications as an elector at such election.

Rules for determining residence of voters. Section 69. In determining the question of residence as a qualification to vote, the following rules so far as applicable, shall govern and if a person offering to vote be challenged as unqualified on the ground of residence the inspectors shall admonish him of such rules, and put to him such further questions as shall be proper to elicit the facts in respect thereto, namely:

First. As prescribed in the constitution, no person shall be deemed to have lost his residence in this state by reason of his absence on business of the United States or this state; and no soldier, seaman or marine in the army or navy of the United States shall be deemed a resident of this state in consequence of being stationed within the

same.

Second. 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.

Third. 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.

Fourth. A person shall not be considered to have gained a residence in any town, ward or village of this state into which he shall have come for temporary purposes merely.

Fifth. 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.

Sixth. If a person remove to another state with the intention of remaining there for 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.

Seventh. 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.

Eighth. If a married man has his family fixed in one place and does his business in another, the former shall be considered and held to be his residence.

Ninth. The mere intention to acquire a new residence, without removal, shall avail nothing; neither shall removal without intention. Tenth. 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.