Time of opening and

may be postponed.

judges of the election, and they are hereby empowered to administer the oaths to each other and to the clerks of the election, and the person administering oaths shall cause an entry thereof to be made and subscribed by him, and prefixed to the poll books.

S8. At all elections to be held under this act the polls shall be closing polls. opened between the hours of nine and twelve o'clock in the morning, and continue open until four o'clock in the afternoon of the same Closing poll day, at which time the poll shall be closed: Provided, That the judges of the election, if they shall deem it necessary for the purpose of receiving the votes of all the electors wishing to vote, postpone the closing of the polls until nine o'clock at night, and upon opening the poll one of the clerks, under the direction of the judges, shall make proclamation of the same, and thirty minutes before the closing of the poll proclamation shall be made in like manner that the poll will be closed in half an hour.

Clerk to fur

nish stationery.

Manner of voting.

Where electors may

vote.

Manner of

voting in cer. tain cases.

Qualifica

tions of electors.

when per

lenged.

$9. The clerks of the election shall furnish the necessary poll books and stationery for conducting the same.

$10. The manner of voting shall be by the electors approaching the bar in the election room at any time when the poll is open, and by presenting a ticket folded in such a manner that no names on said ticket are visible to the judges, who shall deposit the same immediately in a ballot box prepared for that purpose, and the clerks shall take down the names of all such voters.

$11. That it shall be lawful for any elector to vote for delegate to congress at any place of holding an election within this territory; for members of the council and house of representatives, at any place of holding an election in the county or district in which he may reside; for coroner, county commissioners and other county officers, at any place of holding an election in the county in which he resides, but for constable and other town officers he shall not vote out of the town or district in which he resides: Provided, That an elector qualified to vote for a part of, and not all the officers to be chosen at any election, shall present an open ticket, that the judges may determine the legality of such vote, and if upon canvassing the votes given at any election two or more votes shall be found folded together, the judges shall reject all the votes thus folded.

$12. No person shall be entitled to vote at any election in this territory who has not attained the age of twenty-one years, who is not a free white male citizen, or a foreigner duly naturalized according to the acts of congress on that subject, and who has not resided in this territory with the bona fide intention of becoming a citizen for at least six months immediately previous to his application to vote; Proceedings and when any person shall present himself to give his vote, and either son chal. 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, the judges of the election shall tender to such person an oath in the following form: "I, A. B. do solemnly swear (or affirm as the case may be) that I am a resident of the county of in the territory of Wisconsin, a citizen of the United States, that I have resided in this territory for the period of six months immediately preceding the election, that I have to the best of my knowledge and belief attained the age of twenty-one years, and that I have not voted at this election." And if the person so offering to vote shall

Form of

oath.

received,un

take such oath, his vote shall be received, unless it shall be proved by Vote to be evidence satisfactory to a majority of the judges that he does not pos- less, &c. sess the qualifications of a voter, and if such person refuses to take such oath his vote shall be rejected; and if any person shall take the False swearsaid oath, knowing it to be false, he shall be deemed guilty of wilfuling, perjury. 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 Penalty. qualified voter, he shall forfeit and pay a sum not exceeding fifty nor less than twenty-five dollars, to be recovered in the same manner as other penalties under this act may be.

to attend

disorderly

S13. For the preservation of order, as well as to secure the judges Constables and clerks from insult and abuse, it shall be the duty of the consta- elections. ble, or constables, residing in the town or district, who shall be designated for the purpose by the judges of the election to attend all elections within such town or district, and should no constable attend at such election, the judges of election are hereby authorized and empowered to appoint one or more special constables to assist in preserving order during the election; and the judges are hereby authorized Penalty for to enforce a fine not exceeding twenty dollars on any person or per- conduct. sons who shall conduct in a riotous or disorderly manner, and shall persist in such conduct, after having been warned of the 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 six days, or until the fine shall be paid; and the constable to whom the order shall be directed, and the jailor of the county, are hereby required to execute said order, and receive such person or persons so committed as though it had been issued by a magistrate in due form of law.

ed, &c.

$14. The votes shall be publicly examined, and counted immediately Votes pub after the close of the polls; and the clerks shall set down in their licly examin poll books, the name of every person voted for, written at full length; votes, how the office for which such person received such vote or votes; and the entered. number he did receive; the number being expressed at full length; such entry to be made, as near as circumstances will admit, in the following form, to wit:

At an election held at the house of town (or district) in the county of consin, on the

day of

following named persons received the number of votes annexed to their respective names, for the following described offices, to wit:

Poll books,

sed of.

The judges of election shall then enclose and seal one of the poll how disp books under cover, directed to the clerk of the board of county commissioners, of the county in which such election was held; and the packet thus sealed, shall be conveyed by one of the judges or clerks of the election, to be determined by lot, if they cannot otherwise agree, and delivered to the said clerk of the board of commissioners, at his office within nine days from the close of the polls; and the other poll book shall be deposited with one of the judges of election, to be determined as aforesaid. And the said poll book shall be subPenalty for ject to the inspection of any elector, who may wish to examine it. neglecting to And if any judge, or clerk of an election, after having been deputed book. by the judges of the election at which he shall have served as judge

deliver poll

Returns,

how examin

ed.

Abstract of votes, how made.

Duty of clerk.

tie.

or clerk, to carry the poll book of such election to the clerk of the board of county commissioners, shall fail or neglect to deliver such poll book to the said clerk, within the time prescribed by law, safe, with the seal unbroken, he shall, for every such offence, forfeit and pay the sum of five hundred dollars, for the use of the county; to be recovered by an action of debt, in the name of the county commissioners, in the district court.

$15. On the twentieth day, after the close of any election, or sooner, if all the returns be received, the clerk of the board of county commissioners, taking to his assistance two justices of the peace of his county, shall proceed to open said returns, and make abstracts of of the votes in the following manner :

The abstract of the votes for delegate to congress, shall be on one sheet; the abstact of votes for members of the legislative assembly, shall be on one sheet; the abstract of votes for county officers shall be on another sheet. And it shall be the duty of the said clerk of county commissioners, immediately to make out a certificate of election to each of the persons having the highest number of votes for members of the legislative assembly, and county officers respectively, and to deliver said certificate to the person entitled to it on his makIn case of a ing application to the clerk at his office: Provided, That when a tie shall exist between two or more persons, for the council or house of representatives, the clerk of the board of commissioners shall give notice thereof to the sheriff of the county, who shall advertise another Certificate of election; giving, at least, ten days notice. And it shall be the duty compensa of the clerk of the board of commissioners of each county, on the receipt of the election returns of any general or special election, to make out his certificate, stating therein the compensation to which the judges and clerks of each election may be entitled for their services, and lay the same before the board of commissioners at their next session; and the said board shall order the compensation aforesaid to be paid out of the county treasury.

tion.

Proccedings in case of a tie for a county of

fice.

$16. If the requisite number of county officers shall not be elected by reason of two or more 'persons having an equal and the highest number of votes for one and the same office, the clerk, whose duty it is to compare the polls, shall give notice to the several persons, so having the highest, and an equal number of the votes, to attend at the office of the proper clerk, at a time to be appointed by the said clerk, who shall then and there proceed publicly to decide by lot, which of the persons so having an equal number of votes, shall be declared duly elected; and the said clerk shall make out and de

liver to the person thus declared to be duly elected, a certificate of his election, as herein before provided.

mail copy of

legate to con.

$17. The clerk of the board of county commissioners, immediately Clerk to after making out abstracts of the votes given his county, shall make abstracts. a copy of each of said abstracts, and transmit it by mail to the secretary of the territory at the seat of government: And it shall be the votes of deduty of the secretary of the territory with the marshal of the territory, gress, how or his deputy, in presence of the governor, to proceed within fifty days canvassed. after the election, and sooner, if all the returns be received, to canvass the votes given for delegate to congress; and the governor shall Governor to grant a certificate of election to the person having the highest num- cate, &c. ber of votes, and shall also issue a proclamation declaring the election of such person. In case there shall be no choice by reason of any When no two or more persons, having an equal number of votes, the governor shall order a new election.

give certifi

choice.

cretary

ceived.

$18. If the returns of the election of any county in this territory, Duty of se shall not be received at the office of the secretary of the territory when rewithin thirty days after the day of election, the said secretary shall, turns not reforth with, send a messenger to the clerk of the board of commissioners of such county, whose duty it shall be to furnish said messenger with a copy of such returns; and the said messenger shall be paid out of the treasury of the territory the sum of ten cents for each mile he shall necessarily travel, in going to and returning from the office of said clerk.

sign before

&c.

19. Any person who shall receive a certificate of his election as certain offia member of the council or house of representatives of the legislative cers may reassembly, coroner or county commissioner, shall be at liberty to re- taking oath, sign such office, though he may not have entered upon the execution of its duties, or have taken the requisite oath of office; and when any vacancies, vacancy shall happen in the office of members of the council or house how filled. of representatives of the legislative assembly, by death, resignation or otherwise, the governor shall issue a writ of election directed to the sheriff of the county or district in which such vacancy shall happen, commanding him to notify the several judges of election in his county or district to hold a special election to fill such vacancy or vacancies, at a time to be appointed by the governor: Provided, That if there be no session of the legislative assembly between the happening of such vacancies and the time of the general election, it shall not be necessary to order a special election to fill such vacancy; and when any vacancy shall happen in the office of sheriff, either by death, resignation or otherwise, the clerk of the board of county commissioners, in which such vacancy shall happen, shall immediately notify the governor, that he may fill such vacancy; and when any vacancy shall in case of happen in the office of delegate to congress, from this territory, it shall delegate to be the duty of the governor to issue his proclamation, appointing a day to hold a special election to fill such vacancy.

congress.

counties

election dis

$20. When two or more counties are united in one council or re- When two presentative district, the clerk of the board of county commissioners or more of the county last established shall, within twenty days after the day unite in one of election, attend at the office of the clerk of the board of commis- trict. sioners of the senior county, and there, in conjunction with the clerk or clerks of the senior county or counties, shall compare the votes given in the several counties composing such council or representative

district, and said clerks shall immediately make out a certificate of the election of the person or persons having the highest number of votes in such counties for a member of the council or house of representatives of the legislative assembly; which certificate shall be delivered to the person entitled to it, on his application to the clerk of the board of county cominissioners of the senior county, at his office. $21. If any judge or clerk of the election, or any other person, in olating pro- any manner concerned in conducting the election, or any clerk of the board of county commissioners, shall corruptly violate any of the provisions of this act, he shall forfeit and pay to the county a sum not less than fifty, nor more than five hundred dollars, to be recovered in action of debt, in the name of the county commissioners of the proper county.

Penalty for

corruptly vi

visions of

this act.

Duty of clerk of

com.

$22. When any vacancy shall happen in the office of member of Com, in case the council or house of representatives of the legislative assembly, by of vacancy death, resignation or otherwise, it shall be the duty of the clerk of the in legislative assembly. board of county commissioners of the county, if one county only compose the council or representative district, as soon as he shall be informed thereof, to notify the governor of such vacancy, and if there be more than one county comprised within the limits of such council or representative district, it shall be the duty of the clerk of the board of county commissioners of the senior county in such district so to notify the governor. The governor, immediately upon his receiving such notification, shall proceed in the same manner as is prescribed for other cases in the nineteenth section of this act.

Judges of election, how paid, &c.

Com. to es

tablish election precincts.

$23. There shall be allowed, out of the county treasury of each county, to the several judges and clerks of election, such compensation, not exceeding two dollars per day, as the board of county commissioners shall deem proper to allow, and to the person carrying the poll book from the place of election to the clerk's office, the sum of five cents per mile, for going and returning. The board of county commissioners shall also allow to the clerks of election such compensation as they shall deem just for any stationery such clerks may furnish for the purposes of the electon.

S24. The county commissioners of each county, at their annual meeting in April, shall proceed to establish as many election precincts, or points at which general elections shall be kept open, as they may deem proper and necessary to suit the convenience of the settlements, Notice to be and give notice thereof immediately thereafter in some newspaper printed in the county, if there be one; if not, then by posting three notices thereof in three public places, within the county; and upon application to said commissioners at any time more than thirty days previous to an election, the county commissioners may appoint new election precincts.

given.

Vacancy how filled

when coun

$25. If a vacancy shall occur in the council or house of representatives of this territory from any cause, and if the county or counties ty divided composing the district in which such vacancy have happened shall have been divided after the election of the member whose seat is vacant, and before the election to supply the vacancy, such election shall be ordered in every county in which any part of the original county or district may be situated; but no person shall be permitted to vote at any such election who does not at the time reside within the limits of the original county or district in which such vacancy