the seat of government to give his vote, and in returning to his residence, to be computed by the most usual route, the sum of three dollars, to be paid on the warrant of the auditor, out of any money in the treasury, not otherwise appropriated. All prior acts on the subject of the election Acts repealed. of electors of President and Vice President of the United States are hereby repealed. APPROVED, Jan. 11, 1827. AN ACT regulating Elections. In force June 1, 1829. SEC. 1. Be it enacted by the people of the state of Illinois. A betting 18381.109 represented in the General Assembly, That all general and Precincts laid tion in each to be designated. SEC. 2. The county commissioners' court in this state shall divide their respective counties into as many elec- not exceeding tion precincts as they may think expedient,(not exceeding eight. eight, including the county seat or place of holding courts, anunded which shall always be one; and shall designate the house 188575-141 or place in each precinct, and in the precinct including Place of electhe county seat, the house or houses, place or places, at which elections are to be holden; and the precincts and places of holding elections, so established, shall so remain until changed by the county commissioners' court: And all And may general and special elections shall be held at the places so changed. designated, until changed as aforesaid: Provided, always, that it shall be the duty of the county commissioners' court at any time, to change any place of holding elections, upon a petition of a majority of voters residing within the precinct: Provided, further, that the county commissioners shall, if they deem it necessary, organize two sets of judges. and clerks of election, in the precinct including the county seat. be Two sets of judges & clerks at county seat. SEC. 3. The said county commissioners' courts shall, respectively, at the last stated term preceding any election, appoint three capable and discreet persons, possessing the qualifications of electors, to act as judges of the election, Judges of elecin each election precinct; and the clerk of the said court shall make out and deliver to the sheriff of the county, immediately after the appointment of said judges, a notice Who shall be thereof in writing, directed to the judges, so appointed; notified thereof.. tion to be appointed. Judges to choose clerks. and it shall be the duty of the said sheriff, within twenty days after the receipt of said notice, to serve said notice upon each of the said judges of election. The said judges of the election shall choose two persons, having similar qualifications with themselves, to act as clerks of the election. The said judges of the election shall be and continue judges of all elections of civil officers, to be held within their precinct, until other judges shall be appointed, as herein before directed; and the said clerks of election may continue to act as such during the pleasure of the judges of the election. And the county commissioners' Vacancies. Courts shall, from time to time, fill all vacancies which may take place in the office of judge of the election, in any election precinct within their respective counties. SEC. 4. The clerks of the several county commissioners' A courts shall, at least thirty days previous to any general election, and at least twenty days previous to any special election, make out and deliver to the sheriff of his county, Three notices three written notices thereof for each precinct, said notices for each pre to be, as nearly as circumstances will admit, as follows, to Form thereof. wit: "Notice is hereby given, that on Monday, the cinct them up. in day of court of county." Sheriff to post And the said sheriff to whom such notices shall be delivered as aforesaid, shall post up in three of the most public places in each precinct, the three notices referring to such precinct, at least fifteen days before the time of holding any general election, and at least eight days before the time of holding any special election.” SEC. 5. If any person appointed to act as a judge of Judge refusing the election as aforesaid, shall neglect or refuse to be sworn or affirmed to act in such capacity, the place of such person shall be filled by any justice of the peace, residing within the precinct, to be nominated by the other judge or judges of the election, and if there be no Justice of the other justice present to act as judge, the other judge or peace to act. judges of the election shall nominate one or more capa may elect. ble and discreet elector or electors, residing within the precinct, to fill such vacancy or vacancies; and if there be no judge of the election present to fill such vacancy or vacancies by nomination, then such vacancy or va- No judge atcancies shall be filled by the votes of such qualified elec- tending, voters tors, residing within the precinct, as may then be present at the place of election; and the justice or justices, person or persons, so elected or nominated to fill such vacancy or vacancies, shall be, and are hereby vested with the same power as if appointed by the county commissioners' court. and clerks. SEC. 6. Previous to any votes being taken, the judges Oath of judges and clerks of the election shall severally take an oath, or affirmation, in the following form, to wit: "I, A B, do solemnly swear, (or affirm, as the case may be,) that I will perform the duties of judge, (or clerk, as the case may be,) according to law and the best of my ability; that I will studiously endeavor to prevent fraud, deceit, and abuse, in conducting the same." SEC. 7. In case there shall be no judge or justice of By whom adthe peace present at the opening of the election, or in ministered. case such judge or justice shall be appointed a judge or clerk of the election, it shall be lawful for the judges of the election, and they are hereby empowered to administer the oaths or affirmations to each other, and to the clerks of the election; and the person administering such oaths or affirmations, shall cause an entry thereof to be made and subscribed by him, and prefixed to the poll- to be made. books. Entry thereof SEC. 8. At all elections to be held under this act, the Poll when polls shall be opened at the hour of eight in the morning, opened and and continue open until six o'clock in the afternoon of closed. the same day, at which time the poll shall be closed: Provided, however, that if no judge shall attend at the In case judges hour of eight in the morning, and it shall be necessary not attending. for the electors present to appoint judges to conduct the election, as herein before prescribed, the election may, in that case, commence at any hour before the time for closing the poll shall arrive, as the case may require; and, provided also, that the judges of the election may, if they shall deem it necessary, for the purpose of receiving the votes of all the electors wishing to vote, postpone the Closing poll closing of the polls until twelve o'clock at night. And may be postupon opening the poll, one of the clerks, under the direc-poned. tion of the judges, shall make proclamation of the same, Proclamation and thirty minutes before the closing of the poll, procla- to be made. mation shall be made in like manner that the poll will be closed in half an hour. Stationery. Manner of voting. Viva voce. May vote for gov. &c. at any place. Rep. in con. in the district. For senator & rep. in general assembly. Sheriff and SEC. 9. The clerks of the election shall furnish the necessary poll-books and stationery in conducting the same. SEC. 10. The manner of voting shall be by the elector's approaching the bar, in the election room, at any time when the poll is open, and addressing the judges of the election in his proper person, and with an audible voice, to be heard by the judges and clerks of the election, to mention by name the persons he intends to vote for to fill the different offices which are to be filled at the said election, and the clerks shall enter his name and vote accordingly, and he shall then withdraw: Provided, that a voter may vote by presenting an open ticket to the judges, containing the names of the persons for whom he votes, and the offices; and the said judges shall read the same to the voter, and the clerks, with the assent of the voter, set the same down in their books, as in other cases. SEC. 11. It shall be lawful for any elector to vote for governor, lieutenant governor, and electors of president and vice president of the United States, at any place of holding an election within this state; for representative to congress, at any place of holding an election within the congressional district in which such elector resides; for senator and representatives to the general assembly, at any place of holding an election within the senatorial or representative district in which he resides; for sheriff, coroner, and county commissioners, at any place of holding an election in the county in which he resides: But for justices of the peace and constables, he shall not vote out of the district in which he resides. And if any elector shall vote more than once at any election held under the authority of this act, he shall be fined in the sum of How punished. One hundred dollars, to be recovered by indictment before any court of competent jurisdiction, and the whole of such fine shall be appropriated to the use of the coun-ty, in which the offence may have been committed. co.com. Jus. peace & constables. Voting more than once. Challenges. SEC. 12. When any person shall present himself to give his vote, and either of the judges shall suspect that such person does not possess the requisite qualifications of an elector, or if his vote shall be challenged by any elector who has previously given his vote at such election, the judges of the election shall tender to such person an oath or affirmation in the following form: “I, Á B, do solemnly swear, (or affirm, as the case may be,) that I qualifications am a resident of the county of in the state of Illinois; that I have resided in this state for the period of six months, immediately preceding this election; that I have, to the best of my knowledge and belief, attained Oath and of voter. to the age of twenty-one years; and that I have not voted at this election." And if the person so offering his vote, Vote to be shall take such oath or affirmation, his vote shall be re- admitted. ceived, unless it shall be proved by evidence satisfactory to a majority of the judges, that said oath or affirmation Or rejected. is false: And if such person refuses to take such oath or affirmation, his vote shall be rejected. And if any person shall take the said oath or affirmation, knowing it to False oath how punished. be false, he shall be deemed guilty of wilful and corrupt perjury, and shall, on conviction, suffer such punishment as is now, or shall hereafter be prescribed by law, for persons guilty of perjury. And if any person shall vote at any election, who is not a qualified voter, he shall for- Unqualified persons voting feit and pay any sum not exceeding fifty dollars, nor less how punished. than twenty-five, to be recovered in the same manner as other penalties under this act are: Provided, however, Proviso.. that if such person shall have been considered by the judges of the election a legal voter, then such person shall not be so fined. stable. SEC. 13. For the preservation of order, as well as the Constables to security of the judges and clerks of the election from in- attend. sult and abuse, it shall be the duty of any constable or constables, residing within the precinct, who shall be designated for the purpose by the judges of the election, to attend at all elections within such precinct; and should no constable attend at such election, the judges of elec-Special con-tion are hereby authorized and empowered to appoint one or more special constables to assist in preserving or- Power of der, during the election: and the judges are hereby em- judges to fine.. powered to impose a fine, not exceeding twenty dollars, on any person or persons, who shall conduct in a disorderly and riotous manner, and persist in such conduct, after having been warned of its consequences; and on refusal to pay the same, to commit him or them to the common jail of the county, for any time not exceeding twenty days, or until the fine shall be paid; and the constable to whom the order shall be directed, and the jailer of the county, are hereby required to execute such order, and receive such person or persons, so committed, as though it had been issued or delivered by a magistrate in due form of law. And imprison. what it shall SEC. 14. When the votes shall have been examined Poll book and counted, the clerks shall set down in their poll books, contain. the name of every person voted for, written at full length, the office for which such person received such vote or votes, and the number he did receive, the number being expressed in words at full length, such entry to be made as nearly as circumstances will admit. i following |