Irregular ballots.

Canvass of returns.

Moderator to announce result.

SEC. 16. Ballots voted for any person whose name does not appear on the ballot label on the machine as a candidate for office are herein referred to as irregular ballots. Where two or more candidates are to be elected to the same office, the voting devices belonging to all the candidates for said office shall be included in a group herein referred to as a multicandidate group. Except for presidential electors and except in multicandidate groups, where the irregular balloting device requires otherwise, no irregular ballot shall be voted for any person for any office whose name appears on the ballot label on the front of the machine as a candidate for that office. Any irregular ballot so voted shall not be counted. An irregular ballot shall be cast in its appropriate place on the machine or it shall be void and not counted. In voting for presidential electors, an elector may vote an irregular ticket made up of the names of persons in nomination by different parties, or partially of the names of persons so in nomination and partially of the names of persons not in nomination, or wholly of names of persons not in nomination by any party. Such irrregular ballot shall be deposited, written, or affixed in or upon the receptacle or device provided on the machine for that purpose.

SEC. 17. Immediately on the close of the polls the election officials shall proceed to canvass the returns, and they shall not stop for any purpose until the canvass is completed. The room in which such canvass is made shall be clearly lighted, and such canvass shall be made in plain view of the public. It shall not be lawful for any person or persons, during the canvass, to close, or cause to be closed, the main entrance to the room in which such canvass is conducted in such manner as to prevent ingress or egress thereby. But during said canvass no person other than the election officials or party watchers shall be permitted to be on the side of the guard rail where the machine is located.

SEC. 18. As soon as the polls of the election are closed, the moderator, in the presence of the other election officials, shall immediately lock the voting machine against voting, and, without turning said machine around and without otherwise moving said machine more than is necessary to get access to the counters, shall immediately open the counting compartments, giving a full view of all the counter numbers to all the election officials present. The moderator shall, in order of the offices as their titles are arranged on the machine, read and announce in distinct tones the result as shown by the counter numbers, giving the number indicated by each counter, and indicating the candidate to whom such counter belongs, and shall read the votes recorded for each office on the regular ballots. He shall also, in the same manner, announce the vote on each constitutional amendment, proposition, or other question voted on. The vote

so announced by the moderator shall be taken down by each checker and recorded on the tally sheets. They shall record the number of votes received for each candidate on the regular ticket and also the number received by each person on the irregular ticket. Additional instruction for the canvassing, recording, and announcing of the result shall be furnished by the secretary of the state, and the election officials shall be guided thereby.

lock machine.

Irregular ballots

town clerk.

SEC. 19. The moderator, as soon as the count is com- Moderator to pleted and fully ascertained as in this act required, shall close and lock the counting compartments; and the machine shall remain locked against voting or being tampered with for a period of twenty days. When irregular ballots have been voted, to be deposited the moderator shall return all of such ballots in a properly with city or secured sealed package, indorsed "irregular ballots," and indicating thereon the precinct and ward, and file such package with the city or town clerk. It shall be preserved for six months after such election and may be opened and its contents examined only upon an order of a court of competent jurisdiction. At the end of six months, unless ordered otherwise by the court, such package and its contents may be destroyed. Any person, Penalty for unlocking machine who shall unlock the voting or operating mechanism of the or tampering machine or the counting compartment, after they have been irregular locked as above directed, or break or destroy or tamper with the seal after it has been affixed as above directed, or change the indication of the counters on any voting machine within twenty days after the election or within any longer period during which the machine shall be kept locked, as may be prescribed or ordered by a court of competent jurisdiction in any special case, shall be deemed guilty of a felony. Any machine may be released in less than twenty days for use in another election by order of a court, if there is no disagreement as to the returns from such machine.

with seal of

ballots.

SEC. 20. When the machine is locked at the close of an Keys to be kept by city or election in the manner required by this act, the moderator shall town clerk. place all keys of the machine on a strong and sufficient string or wire, label the same with the make and number of the machine and precinct at which used at such election, and return such keys to the city or town clerk with the official returns. The city or town clerk shall securely keep such keys and not permit the same to be taken or any voting machine unlocked, for a period of twenty days from the election, unless otherwise ordered by a court of competent jurisdiction.

violation of

apply to elec

SEC. 21. All laws of this state applicable to elections Penalties for where voting is done otherwise than by machines, and all pen- election laws to alties prescribed for violation of such laws, shall apply to elec- tions where tions and precincts where voting machines are used in so far voting machines as they are not in conflict with the provisions of this act. And

are used.

202

Penalty for breach of duty of election official under this act.

Penalty for tampering with

or during election.

BOARD OF VOTING MACHINE COMMISSIONERS.

[Jan.,

voting machines may be purchased by boroughs or used in
borough elections, in which case the duties and privileges of
the various town and city officials herein specified shall be ex-
ercised by the corresponding borough officials.

SEC. 22. Any public officer or any election official upon
whom any duty is imposed by this act, who shall wilfully omit or
neglect to perform such duties, or shall do any act prohibited
herein for which punishment is not otherwise provided herein,
shall be fined not more than two thousand dollars, or imprisoned
not more than three years, or both.

SEC. 23. Any person not being an election official, who, machine before during any election, or before any election, after a voting machine has had placed upon it the ballot label for such election, shall tamper with such machines, disarrange, deface, injure, or impair the same in any manner, or mutilate, injure, or destroy any ballot label placed thereon or to be placed thereon or any other appliance used in connection with such machine, shall be deemed guilty of a felony and shall be imprisoned for not more than five years.

Making of false affidavit, perjury.

Distinguishing mark on irregular ballot.

Invading secrecy of ballot.

SEC. 24. Any person who shall knowingly or wilfully make a false affidavit, under any of the provisions of this act, shall be deemed guilty of perjury.

SEC. 25. Any person who shall induce or attempt to induce any elector to write, paste, or otherwise place on an irregular ballot voted on a voting machine at any election, any name, sign, or device of any kind as a distinguishing mark by which to indicate to another how such elector has voted; or shall enter into or attempt to form any agreement or conspiracy with any person to induce or attempt to induce electors, or any elector, to so place any distinguishing mark on such ballot; or shall attempt to induce any elector to do anything with a view to enabling another person to see or know for what ticket or for what persons, or any of them, such elector votes on such machine; or shall enter into or attempt to form any agreement or conspiracy to induce any elector to do anything for the purpose of enabling another person or persons to see or know what ticket, or for what person or persons, such elector votes; or shall attempt to induce any person to place himself in such position or to do any other thing that will enable him to see or know for what ticket or candidates any elector other than himself. votes on such machine; or shall himself attempt to get in such position or do any other thing so that he will be enabled to see or know how any elector other than himself votes on such machine; or shall do or fail to do anything which shall invade or interfere with the secrecy of the voting or cause the same to be invaded or interfered with, shall be deemed guilty of a felony and shall be imprisoned not more than five years.

Tampering with

SEC. 26. Any election official, who, with intent to cause machine by or permit any voting machine to fail to correctly register all election official. votes cast thereon, tampers with or disarranges such machine in any way or any part or appliance thereof, or who causes said machine to be used or consents to its being used for voting at any election with knowledge of the fact that the same is not in order, or not perfectly set and adjusted so that it will correctly register all votes cast thereon, or who, for the purpose of defrauding or deceiving any voter or of causing it to be doubtful for what ticket or candidate or candidates or proposition any vote is cast, or causing it to appear upon said machine that votes cast for one ticket, candidates, or proposition were cast for another ticket, candidate, or proposition, removes, changes, or mutilates any ballot label on said machine or any part thereof, or does any such thing, shall be deemed guilty of a felony and shall be fined not more than one thousand dollars, or imprisoned not more than five years, or both.

Penalty for

SEC. 27. Any election official, who shall, at the close of the false return by polls, purposely cause the vote registered on the machine to be election official. incorrectly taken down as to any candidate or proposition voted on, or who shall knowingly cause to be made or signed any false statement, certificate, or return of any kind of such vote, or who shall knowingly consent to said things or any of them being done, shall be deemed guilty of a felony and shall be fined not more than one thousand dollars, or imprisoned not more than five years, or both.

misleading

SEC. 28. Any person, who, with intent to defraud voters Circulating of of their votes, or cause voters to lose their votes or any part or instructions. parts thereof, shall give in any way or shall print, write, or circulate or shall cause to be written, printed, or circulated any improper, false, misleading, or incorrect instructions or advices or suggestions of how to vote on the machine, the following of which or any part of which would cause any voter or voters to lose their votes or any part thereof, or would cause him or them to fail in whole or in part to register or record the same on the machine for the candidates of his or their choice, shall be deemed guilty of a felony and on conviction thereof shall be imprisoned for not more than five years.

use of voting

SEC, 29. The board of selectmen of any town, the common Experimenta council of any city, and the warden and burgesses of any bor- machines. ough, may provide for the experimental use at an election in one or more polling places of a machine approved by the voting machine commissioners, without a formal adoption or purchase thereof; and its use at such election shall be as valid for all purposes as if formally adopted.

SEC. 30. Section 1732 of the general statutes is hereby Repeal. repealed.

204

Repeal.

ASSESSMENT OF TAXES IN THE CITY OF BRIDGEPORT. [Jan.,

SEC. 31. All acts and parts of acts inconsistent herewith are hereby repealed.

SEC. 32. This act shall take effect from its passage.
Approved, June 19, 1903.

Validating assessment of

Bridgeport.

[House Bill No. 508.]

CHAPTER 208.

Validating the Assessment of Taxes in the City of Bridgeport.

Be it enacted by the Senate and House of Representatives in
General Assembly convened:

The assessment of real and personal estate for taxation made taxes in city of by the assessors of the city of Bridgeport for the list of 1902 upon lists filed on or before October 1, 1902, and upon which a tax has been laid by the board of apportionment and taxation of said city, and all action taken by said assessors under chapter 33 of the public acts of 1901 is hereby validated and confirmed.

Approved, June 18, 1903.

Paving of city streets by street

nies.

[House Bill, Substitute for House Joint Resolution No. 306.]

CHAPTER 209.

Conferring on Cities and Towns Authority over the Construction and Maintenance of Street Railways in Streets

and Highways.

Be it enacted by the Senate and House of Representatives in
General Assembly convened:

On an appeal taken under the provisions of section 3832 of railway compa- the general statutes, the railroad commissioners shall make no order providing for the paving of that part of a highway required by law to be paved by street railway companies, which shall require the use of a different substance for such pavement than that with which the whole remaining width of such highway is paved.

Approved, June 18, 1903.