Show a teg X ma Ms elections in lif the territory of utah nod nud fo for r other pur poses v presented Presente presented 4 by mr SPRINGER in the house of representatives be 11 january 28 1876 read twice referred the committee on judiciary and ordered to be printed be ibe it enacted by the senate and J house of Representative 8 of the united sates of america ia con gress th tatt it every male malt citizen of the united states of tillage tilli of twenty one I 1 e years ears and u upward in who shall have resided in the territory of f utah for six months next preceding any eie elp eXion ealon and ten days in the precinct or ward in which any such person off offers rs to vote shall t be entitled t exe exercise reise the elective francel franchie e in said territory provided that no bigamist or polygamist polka mist nor any an berbon who is insane non compos in mentis entis under or who has been convicted of felony or bribery unies unless 4 restored to civil rights shall be permitted to vote at any election in said Ferri tory and that none but qualified voters cleall be elected to or hold any civil effice office therein SEC BEG 2 that there shall be three judges of elections in ill each elec elee election tion precinct of aid faid territory consist coulst y ing indof of the senior justice of the peace of such precinct and two otiler other electors one of ahem bhail shall be appointed by the governor and the other uther by the county court of each county in which such precinct 19 1 altun situa i al d at least ten days before each annual elec elee election tiong who shall each erve for one year or until hi successor is Is appointed SEC BEG 3 thal thai the judges of each elect election on precinct shall choose two pei pel persons rons ions having the qualifications of elec electors tois to act as clerks of the election who shall continue to act as fuch during the pleasure of the judges by whom they are aro chosen SEC BEG 4 that previous to any vote being taken at any elec olec election tiou the judges and clerks of election shall severally take taho an oath mation in the following form to wit 1 ir I A B 1 1 do colein solemnly I 1 y swear or affirm that I will perform the duties of judge or clerk as the case may way be accord according nig hig to law and the besl best of iiii ability that I 1 will ivill studiously endeavor to prevent fraud deceit and illegal voting in conducting the fama tama t and if there ab should ouid be a failure in the appointment of such judges or if either or all of them should fail to attend or neglect or refuse to take the foregoing oath or affirmation his or their place or places may be filled by the choice of such qualified voters residing within the precinct as may by bo present at the place ilace of election at the time such choice is ls maile made and the per person or persons persona so shall bhail perform the duties and und take the cath of judges atsuchi election SEC 5 that ia in casul caso liere there shall be no officer or person parson present at the opening of the election authorized oy by law to administer an oath the judges of the election are aro arneach each hereby authorized to administer the required oath or affirmation to the other othet and to the clerk dorks at election and such oath or affirmation be reduced to writing subscribed by the parties partie sr duly attested under the hand baud of the person before wore whom and prefixed to each of the poll books seo 6 atiat I 1 nat nut at all elections elect eject ions lons the polls shall be lie opened at the hour of seven in the morning and continue open until seven in the afternoon of or the bame same day dayi at which time the polls shall be bo fri aided vided that if it shall become he necessary for the voters to choose a judge or judges of the election as hereinbefore prescribed I 1 in that case thug the election may commence lit such time as necessity may require but must close at the tho hour designated SEC 7 that upon opening the polls proclamation on thereof shall be made by neof beof he of thi a clerks 1 arid thirty beffi ga Q Y the polls proclamation shall be made in like manner that the polls will close in thirty minu minutes tes tej sm SEC 8 that the judges of 04 election for each precinct pre cinet at ut the com menee mence mint of each election elec eleb tion and add arida before any ballots shall have been deposited shall opeti and pub rub publicly liely exhibit the ballot box to the theand end that the judges clerks and iud electors present pre ent ana afa may se seg sed that no ballot js is in sald said box after which the s nf shail shall blocked bIoc bloc be locked ked and the key deli dell delivered ve r ed to one knoof U the i judges ud es of elee elec election tiou tion and alid iks i shall not be opened during said elevation elea tion except for the purpose and in the manner hereinafter provided an opening shall be made in the top or lid of each of buch such ballot bailot boxes not larger than shall be humm lelent sufficient to admit a single closed ballot to be inserted therein at one time through which each ballot shall be deposited SEC 9 that each clerk of the election shall keep a poll book which shall contain two columns the first headed number the second names of voter sand the names of each elector voting shall be entered and numbered in regular succession under such beadi headings digs iu in each poll book bogk SEC 10 that every elector shall vote by ballot bailot and each person offering to vote shall deliver his ballot tor to one of the judges in presence of the board the ballot shall be a white paper ticket which shall contain written or printed or partly written and printed the name of the person or persons for whom the elector intends to vote and shall designate the office to which each person so named by him is intended to be chosen SEO sim 11 that the names of all persons voted for by any elector at 3 any y general or special election shall beon be on one ballot SEC 12 that every elector in voting shall deliver his ballot in full lull view low to one of the judges who shir shit hau upon the receipt thereof pronounce in an audible voice the name of such elector and if no objection to his qualification be made and f the judges shall be satisfied that the elector is legally entitled to vote the judge to whom such ballot was delivered shall put the same in the bex hex without inspecting the names thereon if ir it be folded and thereupon the clerks shall enter and number the name of such elector in the poll books as hereinbefore prescribed SEC 13 that if it any person offering to vote shall be challenged as unqualified by any auy judge or clerk of the aled election tion tiou or by any other elector one brithe judges shall de clare ciare io to the tho person so challenged the qualifications afan elector and if such person shall then declare liliu himself seit duly dilly qualified and the challenge be not withdrawn such sueh person shall be sworn by ond one oneff of the judges adges to truly answer buch such questions as may be asked of such person by any of the judges touching his qualification to vote and thereupon such person shall be fully interrogated terro gated by ono one or more of the judges asto as to his right to in answer such person shall make such state statements monts a shows mows that he possesses the requisite qualifications oj ol an elector such persons ballot shall be e received otherwise it shall be rejected dejected provided that if any person oT offering ering to vote be challenged on the grotins that such pen person on is an hn alien and upon examination by the judges under oath such par person shall state that he has been naturalized such person shall not be allowed to vote unless he cepro pro certified showing slaying that such person has been naturalized in a court of competent jurisdiction and if the certificate produced be from a acourt court in utah territory then in that case a duly certified copy of the court records admitting such person on to citizenship must be produced but if upon uvon such examination appear by the statements of the person challenged that he lib has lost tb the e original rial certificate of his naturalization and the recerd record thereof has hag been destroyed such person perkins shall ball in that case be allowed to vote and if any person shall refuse fus e to tobe be e so 0 sworn vote lg ig 13 challenged pr being sworn refuses to answer the questions asked hlin blin y any of the judges relevant to his competency such persons person ls ballot shall be seo BEO 14 that when any person is sworn n as hereinbefore provided nud and after examination as to his qualifications ia Js allowed by the judges tc vote the elerk clerk shall shail write apposite 0 ito ite such efee electors tors nameon name on the poll books and enclose the same jn in b brackets stets the wort word sworn ru 1 and tsuch buch pol poll Rooks rooks books or either elther her ber of them shall be taken in all cages cases which may arise under this act as evidence of the fact that such person was duly divorn sworn as herein provided SEC 15 that as soon as fes the polls of the election shall IK 6 clos od ed the judges judge shat in neilla neilia tely proceed to canvass i L L votes given at luch election and i lie he ca canvass n vass shall ahall be public and continuous without adjournment until completed SEC siim 16 that the eM hvass shall fiall com commence monee monce by a t comparison of the poll lists from the commencement and a correction of any mistake that may be found therein until they shall phail be found to agree the box shall then be opened and the ballots found therein counted by the judges unopened opened du except to ascertain whether each ballot is single and if two or more ballots shall be found so folded together aa as to present the appearance of a single bingle ballot they shall be laid aside until the ahe count of the ballots is completed and if upon a comparison of the count with the poll lists it shall be found that the ballots in thebon the box exceed in number the whole of or voters on the poll lists the ballots so laid aside shall be rejected if in the opinion of a majority of the tho judges such ballots thus folded together were voted by one elector and if it after so rejecting such ballots there shall jet remain more ballots than the of voters on the poll books they shall be rep replayed abed in the ballot box and thoroughly mingled and one of the judges be blindfolded and publicly draw out so many ballots unopened as shall be equal to the excess of the ballots rise 17 that the ballots and poll books agreeing or being made to agree the board shall then proceed to count the votes and in no case shall the ballo bailo box bux be removed from the room in which any election tio n maybe may be held beld until all of the ballots are counted the ballots shall be taken out carefully one by one by one oneff of the judges who wh shall oshall open them and read aloud the name of dr each person contained therein and the office for which every such person is voted for each clerk shall write down each office to be filled and the llamo name of each person voted for for such office and shall keep the number of votes each receives feives by tallies as they are read aloud by the judge seo SEG 18 that as soon as all of are result shall be publicly announced by one of the judges or clerks each of the poll books and tally lists shall be attached together and two certificates shall be drawn up and attached to each of the poll books and tally lists stat stating irig the number of votes each person voted for has received aud and designating the office fo to fill which he was voted for which number shall be written in words at tit full length each certificate shall ahall be signed by the judges and witnessed hy by the clerks one of said certificates with the poll book and tally taly list to which it is attached shall be retained and preserved by one of the judges until the next annual election vlee tion the ballots shall be strung upon a cord or thread by gue of the judges fudges during the counting thereof in the order in which they are taken from the ballot bailot box read and entered on the iala hats by the clerks and said ballots together with the other of said certificates with the poll book and tally list to which it is attached shall be sealed up by the judges and clerks and indorsed indor sed election returns Ra turns and be directed by one of the judges to be determined by lot if they cannot otherwise agree to the clerk of thu the county court in which the election is held within nive five days after the election Y and kaid kald ald aid ballots ballot certificate poll book and prid tally list shall be filed by ky said 1 blerk bierk and the date of the reception indorsed endorsed indor sed thereon by him and thereafter held and preserved by said clerk in his office for future ke ference reference and use by any elector who may desire access to the same and that they may be used as evidence in any criminal prosecution arising under this act or in any case pertaining to the election I 1 SEO SEC 19 that the gount county court bf each county shall meet on the first monday after each election to canvass tho the election returns and if the returns from each et in the tho county iv where here the polls were opened at sueh such ab h election shall not have been received by the clerk of the bau court rt at that time then court shall adjourn but not beyond the tho second monday after such election and said court shall then proceed in public to open the return and canvas the vote of such county for each person voted for and declare the result thereof and make abstracts of the votes for dele delegate to congress for members galo of tho the legislative assembly territorial and district off officers leers on one sheet stating iu in tva ivA writing ting the names of the persons voted for the journ number dumber b e r davo tes e aeb aeh rec ret received elved anid arid designating the office to fill which each was vias voted tor for fer and on another b et shall make an ain abstract of the for county andall andali and tall all bothe cers cera not before mention ediff in form i as above required which abstracts shall be certified to under the hands of the persons sons composing said court or a M majority pero rity of them as correct and attested by the seal of said coui chui t and be filed with the clerk of the county court of baid eaid county A A duplicate of the first named abstract certified and attested as above shall be immediately gentl sent by mail or express to the secretary of oi the territory by the clerk of the county court and it shall also be the duty of such clerk to issue arid anid deliver a certificate of election to the persons qualified to hold office receiving the highest number of votes for county and aud ail all other offices except for delegate to congress members of the legislative assembly territorial luid and district officers and the secretary of the territory in the presence of tho the governor phail within forty days after election or sooner if the abstracts of the election be received from all the counties before belore that time proceed to canvass the votes given for delegato delegate to congress for members of the legislative assembly territorial and district officers and the governor shall grant a certificate of election to the persons persona qualified nned fled to hold office h iriving div iv tle the highest number of votes for the respective of flees offices SEC 20 that the manner of conducting the voting at town or city elections canvassing the votes and making the returns thereof shall be the same as ag hereinbefore provided except that the returns shall be made to the city or town council which shall perform the duties ana and pursue the same course in canvassing the votes of the town or city aa as are performed and pursued by the |