register, made on the Tuesday or Wednesday preceding the election, unless the person offering to vote shall furnish to the judges of the election his affidavit, in writing, stating therein that he is an inhabitant of said district and entitled to vote therein at such election, and prove by the oath of a householder and registered voter of the district in which he offers his vote, that he knows such person to be an inhabitant of the district, and if, in any city, giving the residence of such person within said district. The oath may be Oath of appliadministered by one of the judges or inspectors of the elec- cant to be filed. tion, at the poll where the vote shall be offered, or by any other person authorized to administer oaths, but no person shall be authorized to receive compensation for administering the oath. Said oath shall be preserved and filed in the office of the town or city clerk, or in case there be no clerk, then said oath shall be filed with and preserved by the judges or inspectors of the proper district. Any person may [be] challenged, and the same oaths shall be putas now are or hereafter may be prescribed by law. Where name of istered. voter is not reg §. The clerks at each poll, in addition to the duties now prescribed by law, shall enter on the poll list, kept by them in columns prepared for that purpose, opposite the name of each person voting, the same statement or minute as herein before required of the board in making the registry; but such entry is not to be made by them if the registry contains correctly the name and residence of such voter; and in all cases said clerk shall enter in a column opposite the name of each person not registered, the words "not registered." In cities, every elector, at the time of offering his vote, shall truly state the street in which he resides, and if the house, lodging or tenement in which he resides is. numbered, the number thereof. And the clerks of the polls, in case the name of such elector is not registered, shall truly enter in the appropriate column of the poll list, opposite the name of the elector, the street in which the elector resides, and the number, in case the house, lodging or tenement is numbered; and if the same is not numbered, then the clerk shall enter "not numbered" in the column of the poll list for entering the number. In case of refusal to make the statement as aforesaid, the vote of such an elector shall not be received. Any person who shall willfully make any false False statements statement in relation thereto, shall be deemed guilty of mis- how punished. demeanor, and shall, upon conviction, be punished with a fine of fifty dollars, or by imprisonment in the county jail in the county for a period of ten days, or by both such fine and imprisonment. When vote shall be rejected. filed. § 9. After the canvass of the votes, one of said poll lists Poll books, where and said register so kept and checked as aforesaid, shall be attached together, and shall, on the following day, be filed in the town or city clerk's office (as the case may be) in which said district may be, or in case there be no such clerk "Punishment for double registration. then such poll lists and register shall be filed with and preserved by the judges or inspectors to be used by the board of registry in making the list of voters at the next election; the other of said poll lists and registers, so kept and checked, (except in town and city elections,) shall be returned to the office of the county clerk of the county in which said district may be, at the same time the returns of the election are made. 10. The said board may, if necessary, on the day or days of the making and of the corrections of such lists, appoint a clerk to assist them in the discharge of their duties required by this act; and the same oath shall be taken by such clerk as is required by law of clerks of the polls or of elections. § 11. The registers shall at all times be open to public inspection, at the office of the authorities in which they shall be deposited, without charge. § 12. The members of the board of registration and their clerks shall each receive the same compensation as is now allowed by law for judges or inspectors of elections, for each day actually employed in the making and completion of the registry, to be paid to them at the time and in the manner in which they are paid their other fees. § 13. The said board shall have and exercise the same power in preserving order at their meetings, under this act, as are given to judges or inspectors of elections for preserving order on election days; and vacancies in said board shall be filled in the same manner that vacancies are now filled at elections. in § 14. Any person who shall cause his name to be registered in more than one election district, or who shall cause his name to be registered knowing that he is not a qualified voter in the district where said registry is made, or who shall falsely personate any registered voter, and any person causing, aiding or abetting any person, in any manner, either of said acts, shall be punished, for each and every offense, by imprisonment in the state prison for not less than one year. All intentional false swearing before said board of registration shall be deemed willful and corrupt perjury, and on conviction, punished as such. If any member or Willful violation-officer of said board shall willfully violate any of the provi punished. sions of this act, or be guilty of any fraud in the execution of the duties of his office, he shall be punished for each and every offense by imprisonment in the state prison for not less than one year. b board, how Acts amended. 15. An act entitled "An act to prevent illegal voting at elections," approved February 21, 1861, and an act entitled "An act to provide for ascertaining the qualification of voters, and to prevent fraudulent voting," approved February 22, 1861, be and the same are hereby amended by striking out the words "sixty days" in said acts wherever the same occur, and inserting in the place thereof, the words "thirty days." construed.. $ 16. Section five of an act entitled "An act to provide. for ascertaining the qualifications of voters, and to prevent fraudulent voting," approved February 22, 1861, shall be construed so as to require the number to be indorsed by the Section 5 of act judges or inspectors of election on every ballot cast, and in all elections, general or special, in pursuance of any law of this state. After the opening of the polls no adjournment shall be had, nor shall any recess be taken until all the votes cast at such election shall have been counted and the result publicly announced: Provided, that judges and inspectors Pay of judges. of elections shall each be allowed the sum of two dollars for each and every days' service by them performed under the requirements of this act. 17. The secretary of state shall cause this law to be printed in pamphlet form, with suitable forms and instructions for carrying it into effect, together with the general election law of the state, and a sufficient number of copies copies to be sent thereof sent to each county clerk in every county in this by secretary of state to supply each of the officers named in this act with a copy. And it shall be the duty of each of said clerks to immediately transmit a copy of the same to each of the judges or inspectors of election in his county. 818. The necessary blanks for making the registers required by law shall be prepared by the secretary of state, and transmitted to the persons entitled to receive them, in the same manner that blank returns of elections are now transmitted. state. § 19. Nothing contained in this act shall be construed in any manner to affect the provisions of any act that has been or may be passed at the present session of the general assembly, to enable the qualified electors of this state, absent soldiers to vote. therefrom, in the military service of the United States, in the army or navy thereof, to vote. § 20. This act shall be in force from and after its pas sage. APPROVED February 15, 1865. AN ACT to enable the qualified electors of this state, absent therefrom in n force Feb. 16, the military service of the United States in the army or navy thereof, to vote. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, In time of 1865. ors to vote. war, every elector of the state of Illinois, in the actual mili- soldiers and sailtary service of the United States, in the army or navy thereof, who shall be absent from the state of Illinois on the day of election, shall be entitled to vote at any election for state or county officers, held in this state, in the manner and form following: § 2. Such absent elector shall, by an instrument executed by him not more than sixty days previous to any general or special election to be held in this state, authorize and Attorney to vote. empower any elector of the town or city where the said absent elector shall reside on the day of said election to cast for him his vote or ballot, in the manner prescribed by this act, for all officers for whom he would have a right to vote if he were present at such election. Said instrument shall be signed by such absent elector, attested by a subscribing witness, and sworn to before any field officer, captain, adjutant, or commandant of any company, or detachment on detached service of the United States, and commissioned as officers in the volunteer force of the state of Illinois, or the captain or commandant of any vessel in the naval service of the United States, to which the said absent elector may belong or be attached. And such officers are hereby duly authorized to administer oaths for the purposes specified in this act, and they shall attach to their signatures their official designations. Affidavit of elec- Vote to be inclosed and ealed. § 3. The said absent elector shall make and subscribe the following affidavit: "I, A. B., do solemnly swear, (or affirm,) that I am a resident of the town (city, ward or pre-, cinct, as the case may be,) of ...., in the county of in the state of Illinois; that I am a citizen of the state of Illinois, and have resided therein for one year, next preceding the election to be held on the .... day of ...., 18.., (or, as the case may be, that I was an inhabitant of the state of Illinois on the first day of April, A. D. 1848.) That I am above the age of twenty-one years. That I have been a resident for sixty days next preceding said election of said town, city, ward or precinct, and until said election intend to be a resident thereof. And I do further swear, that I am in the actual military (or naval) service of the United States; that I am now a member of company of the .... regiment, (describing the organization to which he belongs,) now at or in the state (or territory) of ..... Sworn to and subscribed this .. day of...., before me." near 4. The said absent elector in the service aforesaid shall prepare and fold the ballot or ballots he designs to cast at such election, and inclose the same, together with the instruinent in the second section of this act, [in] an envelope, duly sealed, having on the outside thereof, either written or printed, the affidavit prescribed in the third section of this act, sworn to and subscribed as therein required. The said envelope, prepared as aforesaid, shall be inclosed by him in another envelope, marked "soldier's vote," sealed and directed to the elector empowered by the instrument de scribed in the second section of this act to cast the ballot of § 5. Such elector, upon receiving such letter from such How vote to be absent elector, may open the outer envelope thereof, but he posited. shall not open the inner envelope thereof. On the day of such election, and between the opening and closing of the polls thereof, he shall deliver such inner envelope to the judge or inspector of elections of the proper election district and at the polls thereof; and if the name of the person signing the affidavit on the outside of said envelope shall be found entered upon the register of electors of such district, as a duly qualified voter therein, said envelope shall be by said judges or inspectors publicly opened, and the votes or ballots therein contained shall be duly deposited in the appropriate boxes, prepared to receive the ballots of voters. And the name of such absent voter shall be entered upon the poll lists, together with the name of the person delivering the ballot at the polls. If such name shall not be found upon the register of electors of such district where such person claims to reside, such envelope shall not be opened unless an affidavit be made by a householder of the district to the effect that he knows that said person, whose vote is so offered, is a resident of said district. If such affidavit be Envelope to be made and delivered to the judges or inspectors, they shall opened. open said envelope and deposit the votes or ballots therein contained as aforesaid; and the name of the person so voting shall be entered upon the poll lists, together with the taken. name of the person delivering the ballot at the polls. The When vote not ballots contained in any such inner envelope which shall have been opened or unsealed before the same shall have been laid before the board of judges or inspectors of elections, shall not be deposited in any ballot box at such election, but shall be rejected. § 6. The affidavits and instruments described in the second and third sections of this act, and all envelopes containing "soldiers' votes" not opened at such elections, shall be kept and filed by the judges or inspectors of elections, in the same manner and place as the poll lists of such elections are required by law to be kept and filed. office. 7. Every person who shall be entitled to receive any How vote to be letter or envelope marked as herein provided, before he shall taken from post take away the same, shall sign and deliver to the postmaster, or his deputy, or clerk, a receipt therefor, which receipt shall specify how many such letters or envelopes he has received, and otherwise, as far as may be, specify the particulars of the description thereof; and any willful omission to comply with the provisions of this section shall be adjudged a misdemeanor, and any person convicted thereof shall be punished accordingly. |