may, by an order entered of record, change or discontinue any place of voting therein, and appoint other or additional places of voting therein, and the clerk of said court shall immediately after the adjournment of the term at which such order is made, make and deliver to the sheriff, or one of his deputies, three certified copies of said order, and it shall be the duty of said sheriff, or deputy sheriff, to post the same at three of the most public places in the district at least four weeks before the succeeding election; or in lieu thereof, if a newspaper be printed in the county, a copy of such order may he published therein at least once in each week for four successive weeks prior to such election.

COMMISSIONERS OF ELECTIONS.

6. The county court of each county shall before the general election in each year in which such election is held, appoint three voters, one of whom, at least, shall be of opposite politics to the others, to act as commissioners of the election at the court house, and the like number and in like manner to act as such commissioners at every other place of voting in the county, and it shall be the duty of the persons so appointed to attend at the place of voting for which they are so appointed, and to superintend the election, to be held at such place and return the result thereof as required by this chapter. Provided, That for each place of voting in any co nty at which five hundred or more votes were cast at the last preceding general election for state officers, said court shall appoint in addition, three canvassers to canvass the vote given at such place of voting as hereinafter provided. Any one or more of said commissioners or canvassers in the absence or refusal, or inability of the others to act may call to his or their assistance any qualified voter or voters present to act as such commissioner or commissioners, canvasser or canvassers, and it shall be the duty of the person or persons so called upon, to act as such. The said commissioners for each place of voting shall appoint two clerks to assist in holding said election as hereinafter provided. And if none of the commissioners or canvassers so appointed attend at the place of voting for which they were appointed, or if in attendance all of said commissioners or canvassers fail or refuse to act, any three voters of the district may be appointed by the voters present to act as such commissioners or canvassers (as the case may be).

WHEN POLLS TO BE OPENED.

7. At every election the polls shall be opened as soon as practicable after sunrise (but not before sunrise), and shall be closed at

sunset.

OATHS OF COMMISSIONERS, CANVASSERS AND CLERKS.

8. Every commissioner, canvasser and clerk so appointed as aforesaid shall, before entering upon the discharge of his duties, take and subscribe an oath to the following effect: "I, A

do solemnly swear that I will support the constitution of the United States, and the constitution of this state, and that in the election about to be held I will faithfully and impartially discharge the duties of my appointment to the best of my skill and judgment. So help me God." Said oath may be taken before any person authorized to administer oaths, but if no such person be present at any place of holding an election, it may be taken before and administered by any one of the commissioners so appointed, who in turn may take the same before another of said commissioners. The said oath shall appear properly certified on one of the poll books of every election, and in no case shall the votes taken at any place of voting be counted unless said oath so appears, or unless it be proved to the satisfaction of the commissioners of the county court, convened at the court house as hereinafter required, that said oath was taken before said commissioners, canvassers and clerks entered upon the discharge of the duties of their appointment.

WHO ENTITLED TO VOTE.

9. The male citizens of the state shall be entitled to vote at all elections held within the counties in which they respectively reside; but no person who is a minor, or of unsound mind, or a pauper, or who is under conviction of treason, felony or bribery in an election, or who has not been a resident of the state for one year, and of the county in which he offers to vote for sixty days next preceding such election, and who is not, at the time of the election, an actual and bona fide resident of the district in which he offers to vote, shall be permitted to vote in such district while such disability continues. And no person in the military, marine or naval service of the United States shall be deemed a resident of this state by reason of his being stationed therein; nor shall any person in the employ of any incorporated company or of this state, be deemed a resident of any county, or of any district therein, by reason of being employed in said county or district.

MODE OF VOTING.

10. In all elections by the people, the mode of voting shall be by ballot; but the voter shall be left free to vote by either open, sealed or secret ballot, as he may elect.

POLL BOOKS, BALLOTS AND BALLOT BOXES, &c.

11. The clerk of the county court shall, at the expense of the county, provide and cause to be delivered in proper time, at every place of voting in the county, proper poll books, with the oaths of the commissioners and clerks written or printed thereon, or attached thereto, ballot boxes, tally papers for returns, and whatever else is necessary for holding the election and making due return thereof. And at every place of voting in his county, for which the county court shall appoint canvassers, as provided for in the sixth section, the clerk shall provide and deliver as aforesaid two ballot boxes.

12. Every poll book shall bear on the first page thereof the following heading: "Names of all persons voting at

-, and county of

--this

in

the district ofday of ." Two of such poll books with the names of all persons voting entered thereon shall be kept at every place of voting. 13. Every person offering to vote at an election shall present to one of the commissioners a single ballot, written or printed upon white paper, and if there be any mark, color or device visible on same intended to distinguish it from other ballots voted at the election, it shall not be received. The ballot shall contain the names of the persons for whom he wishes to vote, and designate the office he desires each of them to fill; but no error or mistake in the designation of the office or person shall vitiate any ballot, or cause it to be rejected from the count, if it be manifest what was intended by the voter. The commissioner who receives the ballot shall proclaim distinctly the name of the person offering it, and hand it to another of said commissioners, and if a majority of said commissioners are satisfied the ballot is single, and that the person offering it is entitled to vote at the said election, one of the commissioners shall deposit the ballot in the box, and the clerks shall enter the name of the voter on the poll books, numbering them in the order in which they vote. The commissioners may inspect every ballot before it is deposited in the box to ascertain whether it is single, but without unfolding or unrolling it so as to disclose its contents.

14. The ballot box shall have an aperture in the lid or top thereof to receive the ballots of the voters. While the polls are open it shall be kept where it may be seen by the voters, and after the polls are closed, until the votes are counted and the certificates of the result are signed, shall remain in the immediate custody of the commissioners, or any one of them, with the consent of the others. But it shall not be opened unless two of them at least be present, and if left at any time in the custody of one of the number, it shall be carefully sealed, so that it cannot be opened, or any ballot taken therefrom or entered therein, without breaking the seal, and the others shall write their names across the place, or places, where it is sealed.

PREVENTION OF DISORDER AT THE POLLS.

15. The commissioners shall preserve order at and in the vicinity of the polls, and keep the way to the polls open and free from obstructions; and may direct any disorderly person to be removed therefrom, and, if necessary and proper, to be taken and held in custody till sunrise of the next day, or for any shorter time, which may be done by any constable of the district or other person, or persons, designated by the commissioners, and no warrant or authority in writing shall be necessary, and the jail of the county may be used as the place of custody, but any person so arrested shall have an opportunity to vote, if he is entitled to do so, before he shall be com

mitted to jail, if he so desire, and shall be prepared to do so promptly. And such offender, notwithstanding his having been in custody as aforesaid, shall be liable to any penalty or punishment for his offense prescribed by law, and any person who, being thereto commanded by the commissioners, either verbally or in writing, shall fail or refuse to assist to the utmost of his power, in whatever may be necessary or proper to prevent intimidation, disorder or violence at the polls, shall forfeit not less than five nor more than fifty dollars.

DUTY OF COMMISSIONERS IN RECEPTION AND REJECTION OF VOTES.

16. The commissioners holding the election at each place of voting shall permit all persons to vote entitled to do so, and reject the votes of all persons not entitled to vote at said election, and shall, in all respects, have the poll taken fairly according to law. They may swear and examine any person touching his right to vote at said election, whenever such right is questioned by said commissioners, or any of them, or by any other person. If the vote of any person. offering to vote be rejected, his name if required by him, or by any candidate at said election, shall be entered on a separate list to be kept for that purpose; and if any person be permitted to vote whose vote is challenged, the word "challenged " shall be written on the poll-book opposite his name.

17. No person shall vote more than once in the same election, although, he may not have voted the first time for as many persons as he might have lawfully voted for.

COUNTING THE VOTES AT THE SEVERAL PLACES OF VOTING.

18. As soon as possible after the polls are closed at each place of voting for which no canvassers are appointed, the names entered on the poll books shall be counted by the commissioners and clerks, and the number thereof be set down in words at length at the foot of the lists, which shall then be signed by the inspectors and clerks, the ballot-box shall then be opened, and one of the commissioners taking therefrom one ballot at a time, in the presence of all the other officers, shall read therefrom the designations of the offices, to be filled, and the names of the persons voted for, for each office, and hand the ballot to another of said commissioners, who if satisfied that it was correctly read, shall string it on a thread. The contents of the ballots, as they are read shall be entered by the clerks, under the supervision of the commissioners, on tally papers for the purpose, by suitable marks made opposite to or under the name of each person voted for, so as to show the number of votes received by every person for office to be filled. any The ballots shall be counted as they are strung upon the thread; and whenever the number shall be equal to the number of voters entered upon the poll books, the excess, if any, remaining in the ballot box shall be immediately destroyed, without unfolding or unrolling the same, or allowing any one to examine or know the contents thereof.

19. If two or more ballots be found folded or rolled together and the names thereon be the same, all but one of them shall be destroyed; but if the names thereon be different they shall all be destroyed. And if any ballot be found to contain more than the proper number of names for any office, such ballot shall not be counted as to such office. In any election for senator, if a person be voted for on any ballot who is not a resident of the proper county, as required by the fourth section of the sixth article of the constitution, the ballot shall not be counted for the said office. At a place of voting at which canvassers are appointed as aforesaid, the said canvassers, assisted by two clerks to be appointed by them, who shall take the same oath hereinbefore prescribed, shall count the votes and perform all the duties in relation thereto prescribed by this and the preceding section, except that they shall commence said counting as soon as fifty votes are cast at said place of voting, and for this purpose the commissioners of election shall deliver to them the ballotbox containing the ballots and use the other box furnished as aforesaid, until the canvassers have finished counting the ballots in the said box as herein before required, and shall then deliver to said canvassers the other ballot-box containing the ballots cast during such counting, and take from said canvassers and use the box from which said ballots have been counted, until the ballots have been counted by the canvassers from the box last delivered to them, and so on till all the votes cast at said election have been taken and counted. But, before the box containing the last votes cast at said place of voting is opened for the purpose of counting said votes, the number of the names on the poll-books shall be counted and set down as aforesaid, and the ballots in said box shall then be counted, and the excess, if any, over the names on the poll-books shall be destroyed as hereinbefore prescribed. After the polls are closed the ballots in the last mentioned box may, if the canvassers so request, be counted in whole or in part by the commissioners and their clerks.

RETURN OF THE RESULT OF THE ELECTION AT EACH PLACE OF VOTING.

20. As soon as the results are ascertained, the commissioners, or a majority of them and the canvassers (if there be any,) or a majority of them, at each place of voting shall make out and sign two certificates thereof in the following form or to the following effect: "We, the undersigned, who acted as commissioners and canvassers of the election held at, in the district of, and county of ——, on the day of do hereby certify that, having been first duly sworn, we have fairly and impartially held the said election according to law, and the result thereof is as follows: For the of fice of (here designate the office, as for example, "delegate for the county of Barbour," or, "delegate for the first district," or "senator for the first senatorial district," "judge for the first circuit,"