| OCR Text |
Show AN ORDINANCE Regulating Elections and Providing for the Registration of Voters: <br><br> Sec.1. Be it ordained by the City Council of Logan City, that the municipal election of said city, shall be held on the first Monday of March, A. D. 1880, and biennially thereafter, for the election of the following officers for said city, viz: One Mayor, five Aldermen, five Councilors, one Recorder, one Treasurer, one Marshal, one Assessor and one Collector, who shall hold their offices for two years, and until their successors are elected and qualified to office. <br><br>Sec.2. No person shall be elected or appointed to any office of said city unless he is a citizen of the United States and has been a constant resident of said city for one year next preceding such election or appointment. Neither shall any person be eligible to vote at any election unless possessing the qualifications of a voter as prescribed by the laws of the Territory of Utah, and has been a constant resident in said city during the six months next preceding said election. No officer or soldier of the United States army, or other person subject to its military authority, shall be eligible to office or entitled to vote at any municipal election in said city, unless his home or place of residence was therein at the time of engaging in such service. <br><br>Sec.3. It shall be the duty of the Recorder of said city, within three days from the first publication of this ordinance and before the first day of January, 1880, and biennially thereafter, to apply to the clerk of the County Court of Cache county for a certified copy of the registry list of voters, of all the precinct, or ??? thereof, within the corporate limits of Logan city, The proper fees for which list shall be tendered and paid out of the city treasury. <br><br>Sec.4. Upon the receipt of said lists the Recorder shall deliver the same to the city assessor, who is hereby constituted the registration officer for said city. Said assessor may appoint a deputy, or deputies, to assist in carrying out the provisions of the ordinance and for whose official acts he shall be responsible, and before the third Monday in January preceding any municipal election, in person or by deputy, shall visit every dwelling house within the corporate limits of said city and make careful inquiry if any person whose name is on said registration list, has died or removed from said city, or is otherwise disqualified as a voter, and if so, to erase the same therefrom; or whether any qualified voter resides therein, whose name is not on said registration list, and if so, he shall ascertain upon what ground such person claims to be a voter, and shall require any such person entitled to vote and desiring to be registered, to take and subscribe in substance the following oath or affirmation: <br><br>Territory of Utah, Logan City. ss. I, ______ being first duly sworn depose and say, that I am over 21 years of age and have resided in Logan city for six months next preceding the date hereof and (if male) am a ("native born" or "naturalized" as the case may be) citizen of the United States (or if a female) I am "native born" or "naturalized" or the "wife," "widow," or "daughter," (as the case may be) of a native born, or naturalized citizen of the United States. Subscribed and worn to before me this ___ day ___, 18__. _______Assessor. <br><br>Upon receipt of such affidavit, the assessor as aforesaid shall place the name of such voter upon the registry list of the voters of said city. <br><br>Sec.5. It shall also be the duty of the assessor, in person or by deputy, during the week commencing the fourth Monday in January, preceding each election, at his office, to enter on his registry list the name of any voter that may have been omitted, on such voter appearing and complying with the provisions of the preceding section of this ordinance required of voters for registration purposes. <br><br>Sec.6. Upon the completion of the registration, it shall be the duty of the assessor to proceed to make out a list in alphabetical order containing the names of all the registered voters of said city, and shall on the first Monday of February, preceding each election, deliver all of said list and affidavits to the Recorder, who shall file and carefully preserve all said affidavits and registry list, and shall make a copy of said registry list and cause the same to be posted up at least fifteen days before any election, at or near the place of election, and shall make and transmit another copy to the judges of election. <br><br>Sec.7. The City Recorder shall cause a notice of the time and place of voting and the number and kind of officers to be elected to be posted up in at least three public places in said city, or advertised in some newspaper published within said city, at least fifteen day previous to the time of holding said election, and setting forth therein that the polls will open at one hour after sunrise and continue open until sunset. <br><br> Sec. 8. The City Council at its regular session in January preceding each municipal election shall appoint three capable and discreet persons, one at least of whom shall be of the political party that was in the minority at the last previous municipal election, if any such party there be in said city, to act as judges of the election, and they shall designate one of the persons appointed to preside and the other two to act as clerks of said election. And the Recorder shall make out certificates of said appointments and transmit the same by mail, or other safe conveyance, to the persons so appointed, who, previous to entering upon said office, shall appear before said Recorder, take and subscribe an oath to the effect that they will well and faithfully perform all the duties thereof to the best of their ability, and that they will studiously endeavor to prevent any fraud, deceit or abuse at the election over which they may preside. If any of such judges decline to serve or fail to appear the voters of said city first assembled on the day of election, to the number of six, at, or immediately after the time designated for opening the polls, may elect a judge or judges to fill the vacancy, and any person so chosen shall qualify as herein before provided, before any person authorized to administer oaths. <br><br>Sec 9. The Council shall provide the necessary books, blanks, stationery and ballot box, which ballot box shall be made of galvanized iron of suitable size, with Yale or other safe lock and two keys, one of the keys to be kept by the judges of election and one by the City Recorder. There shall be an opening through the lid of the ballot box, of sufficient size to admit a single ballot. <br><br>Sec.10. The City Council shall furnish the judges of election with a sufficient number of plain envelopes for election purposes; said envelopes shall be uniform in color and size without any marks, writing, printing, or device upon them and no other kind shall be used at any election. Before opening the polls the ballot box shall be carefully and publicly examined by the judges of election, who shall satisfy themselves that nothing is therein. It shall then be locked and the key thereof delivered to the presiding judge, and said ballot box shall not be opened during the election. <br><br> Sec.11. At the opening of the polls at all elections, the judges of election shall designate one of the judges acting as clerk, who shall have in custody the registry list of voters and shall make the entries therein required by law; the other of said judges acting as clerk shall write the name of each person voting, and opposite to it the number of the vote. <br><br>Sec.12. Every voter shall designate on a single ballot, written or printed, the name of the person or persons voted for with a pertinent designation of the office to be filled, and when any question is to be decided in the affirmative or negative he shall state the proposition at the bottom of the ballot and write thereunder "Yes," or "No," as he may desire to vote thereon, which ballot shall be neatly folded and placed in one of the envelopes herein before provided for, and delivered to the presiding judge of election, who shall in the presence of the voter, on the name of the proposed voter being found on the registry list, deposit it in the ballot box without any mark whatever being placed on such envelope, otherwise the ballot shall be rejected. <br><br> Sec.13. Whenever any ballot shall be deposited in the ballot box, the judge having the registry list shall write the word "voted" opposite the name of the person casting the vote, and the other judge, acting as clerk, shall write the name of the voter and the number of the vote upon a list to be made by such judge. <br><br> Sec.14. As soon as the polls shall be closed, the judges of election shall immediately proceed to canvass the votes cast at such election, and continue without adjournment until completed, and all candidates voted for may be present, either in person or by representative, to witness said canvass. If any envelope contain two or more ballots of the same kind folded together one only shall be counted. <br><br>Sec.15. The canvass shall commence by the judges who have acted as clerks of the election comparing their respective lists and ascertaining from said lists the number of votes cast. The box shall then be opened and the ballots therein taken out and counted by the judges, and the judges acting as clerks shall each make a list of all the offices voted for. The presiding judge shall then proceed to open the ballots and call off therefrom the names of the persons voted for, and the offices they are intended to fill, and the judges acting as clerks shall take an account of the same upon their lists, and all the ballots shall be immediately returned to the ballot box, and the ballot box shall be locked and securely sealed. <br><br>Sec.16. After the canvass shall have been completed, the judges of election shall add up and determine the number of votes cast for each person for the several offices, which result shall be placed on the list made by the judges acting as clerks of the election, and the judges shall thereupon certify to the same, and forward all the lists securely sealed, together with the ballot box, to the City Recorder, by a qualified voter, who shall, before taking the same, take and subscribe an oath, to the effect that he will deliver the same lists and box without unnecessary delay, and that he will use his utmost ability to prevent any interference whatever therewith, by any person whomsoever. <br><br>Sec.17. On receipt of the ballot box and returns of election, the Recorder, in the presence of at least three reputable citizens selected by the Mayor for that purpose, and who are not publicly known as candidates voted for at such election, who after being sworn to faithfully perform the duties assigned them, shall break the seal of the returns and all candidates may be present, as provided in section fourteen of this ordinance, and the Recorder and the citizens aforesaid shall carefully examine the returns, and if no irregularity or discrepancy appear therein, affecting the result of the election of any candidates, they shall accept said returns as correct; but if the right of any person voted for, for any office, is in any way affected, then the Recorder and citizens aforesaid shall open the ballots and canvass the same, so far as to determine the rights of the person whose office may be affected. They may also cause to appear before them any person whom they may deem proper, and take his testimony in relation to said election. <br><br>Sec.18. After the completion of the canvass the Recorder and the said citizens shall declare the result; thereof, and the recorder shall immediately make out and transport a certificate of election to each person elected to any office, attested by the corporate seal of said city: Provided, That when two or more candidates for an elective office shall have an equal number of votes for the same office, the election shall be determined by the City Council, who shall give notice to the parties? of the time and place at which the tie shall be decided. <br><br> Sec.19. Immediately after the inspection of the ballots in the ballot box, the ballots shall be returned into the ballot box, which shall be locked and securely sealed, and the box shall be so preserved for ten days after the result of the election has been declared and immediately after the expiration of the ten days, and no polls of a contest being filed, requiring further delay, the Recorder shall in the presence of at least one of the citizens who assisted in the canvass, and such candidates voted for as may be present, open the ballot box and destroy all ballots contained therein. <br><br>Sec.20. The Recorder shall also, as soon as possible offer the result of the election has been so determined, make out a general abstract thereof in duplicate, and certify to the correctness thereof, one of which he shall file and the other he shall post up in his office, and every person elected or appointed to an elective, judicial, or administrative office, shall, before he enters upon the duties thereof, appear before the recorder and take and subscribe an oath or affirmation, that he will support the Constitution of the United States, the laws of this Territory, and the ordinances of this City, and that he will well and truly perform all the duties of his office to the best of his knowledge and ability; and shall file the name with said Recorder. The Mayor shall, in addition to the usual oath, swear or affirm that he will devote so much of his time to the duties of his office as an efficient and faithful discharge thereof may require, and any person elected or appointed to any office in said city, who, for thirty days after such election or appointment, fails to qualify and enter upon the duties of such offices as required by law, the City Council may declare said office vacant and proceed to fill the same as other vacancies are filled. <br><br> Sec. 21. The Mayor and Aldermen, before entering upon the duties of their respective offices, shall give bonds with approved securities, each in the penal sum of three thousand dollars to the people of Logan city, conditioned for the faithful performance of the duties thereof, which bonds shall be approved by the Recorder and filed in his office. <br><br> Sec.22. The Assessor and his deputies shall receive such compensation for the services required of them by this ordinance, as the City Council shall determine, and the judges of the election shall receive for their services thirty cents per hour for all services rendered in conducting elections and canvassing votes, and each of said officers is hereby authorized to administer oaths whenever necessary to carry into effect the provisions of this ordinance. <br><br> Sec.23. Any omission or irregularity of any assessor or other officer, pertaining to election matters, shall not invalidate any election or authorize the rejection of any legal votes cast. <br><br>Sec.24. Any person who shall disturb or be guilty of any riotous conduct at any municipal election, or who shall disturb or interfere with the canvassing of the votes, or interfere with the making of the returns, or who shall interfere with any voter in the free exercise of the elective franchise, shall, on conviction, be fined in any sum not exceeding ninety-nine dollars, or be imprisoned not exceeding one hundred days, or both. <br><br> Sec 25. Any person who shall give or promise or offer to give an elector, any money, reward, or other valuable consideration for his or her vote at any election, or for withholding the same, or who shall give, or promise to give, such considerations to any other person or party, for such elector's vote, or for the withholding thereof, or any elector who shall receive or agree to receive, for himself or for another, any money, reward or other valuable consideration for his vote at an election, or for withholding the same, shall, on conviction, be fined in any sum not exceeding ninety-nine dollars, or be imprisoned not exceeding one hundred days, or both, and shall also forfeit the right to vote at such election, and any elector whose right to vote shall be challenged for such cause before the electoral officers, shall be required to swear or affirm that the matter of the challenge is untrue, before his vote shall be received. <br><br>Sec.26. Any person who shall offer any bribe, threat or intimidation to any elector for the purpose of influencing his or her vote, or shall examine any ballot offered or cast at the polls, or found in the ballot box, for any other purpose than to ascertain what candidate has been elected, or who votes more than once at any one election, or knowingly offers to vote two or more ballots, or in any manner changes any ballot after the same has been deposited in the ballot box, or adds or attempts to add any ballot to those legally polled, shall, on conviction, be fined in any sum not exceeding ninety-nine dollars, or be imprisoned not exceeding one hundred days, or both. <br><br> Sec.27. All ordinances, or parts of ordinances of this city, conflicting with the provisions of this act, be and the same are hereby repealed. Passed Dec. 20th, 1879. W. B. Preston, Mayor. Thos. [Thomas] B. Cardon, Recorder. Territory of Utah, Logan, City, ss. <br><br>This certifies that the foregoing is a true and correct copy of the ordinance passed [unreadable line] the 20th day of December, 1879, entitled "An Ordinance Regulating Elections and Providing for the Registration of Voters," as appears of record in my office. Witness my hand and the corporate seal of Logan City this 21st day of December, A. D. 1879. Thos. B. Cardon, City Recorder. (Seal.) |
