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to re-enter said enclosed space during said election. No person shall take or remove any ballot from the polling place before the close of the poll. No voter shall vote or offer to vote any ballot except such as he has received from the judges of election in charge of the ballots. Any voter who shall, by accident or mistake, spoil his ballot may, on returning said spoiled ballot, receive another in place thereof.

ASSISTANCE TO ILLITERATE VOTER.] [Section 311. original act.] Section 8. Any voter who may declare upon oath that he can not read the English language, or that by reason of any physical disability he is unable to mark his ballot, shall, upon request, be assisted in marking his ballot by two of the election officers of different political parties, to be selected from the judges and clerks of the precinct or district in which they are to act, to be designated by the judges of election of each precinct or district at the opening of the polls. Such officers shall mark the ballot as directed by the voter, and shall thereafter give no information regarding the same. The clerks of election shall enter upon the poll lists after the name of any elector who received such assistance in marking his ballot a memorandum of the fact. Intoxication shall not be regarded as a physical disability, and no intoxicated person shall be entitled to assistance in marking his ballot.

CUMULATIVE VOTES-HOW VOTED.] [Section 304, last part, original act.] Section 9. In canvassing the vote for Representative in the General Assembly, if the ballot has been so marked as to indicate that the voter intends to vote for one person only for that office, it shall be counted three votes for that candidate; if it has been so marked as to indicate that the voter intends to vote for two persons for Representative. it shall be counted one and one-half votes for each of such candidates, unless otherwise on the ballot expressly stated; and if it has been so marked as to indicate an intention to vote for three persons for such office, it shall be counted one vote for each of such candidates, unless otherwise on the ballot expressly stated; and if it has been so marked as to indicate an attempt to vote for more persons for Representatives than the voter is entitled to vote for, the votes for Representatives on such ballot shall not be counted.

BALLOTS NOT COUNTED SPOILED BALLOTS.] [Section 313, original act. Section 10. If the voter marks more names than there are persons to be elected to an office, or if for any reason it is impossible to determine the voter's choice for any office to be filled, his ballot shall not be counted for such office. No ballot without the official indorsement shall be allowed to be deposited in the ballot-box, and none but ballots provided in accordance with the provisions of this act shall be counted. Ballots not counted shall be marked "defective" on the back thereof, and ballots to which objection has been made by either of the judges or challengers shall be marked "objected to" on the back thereof, and a memorandum signed by the judges stating how it was counted shall be written upon the back of each ballot so marked, and all ballots marked "defective" or "objected to" shall be enclosed in an envelope securely sealed and so marked and en

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dorsed as to clearly disclose its contents. All ballots not voted, and all that have been spoiled by voters while attempting to vote, shall be returned by the judges of election to the officer or authorities charged with the printing and distribution of the ballots, and a receipt taken therefor, and shall be preserved six months; such officer shall keep a record of the number of ballots delivered for each polling place, and the name of the person to whom and the time when delivered, and he shall also enter upon such record the number and character of ballots returned, with the time when and the person by whom they are returned.

CANVASS OF BALLOTS.] [Section 57, original act.] Section 11. Immediately upon closing the polls, the judges shall proceed to canvass the votes polled. They shall first count the whole number of ballots in the box. If two or more ballots are folded together so as to appear to have been cast by the same person, and the number of ballots exceeds the number of names entered on each of the poll lists. the ballots so folded together shall be rejected, and if the number of ballots still exceeds the number of names entered on each of the poll lists, said ballots shall be replaced in the ballot box and the box closed and well shaken and again opened, and one of the judges shall publicly draw out and destroy so many ballots unopened as shall be equal to such excess; and the number of the ballots agreeing with the poll lists, or being made to agree, the board shall then proceed to count and estimate and publish the votes; and when the judges of election shall open and read the tickets, each clerk shall carefully and correctly mark down upon the tally lists the votes each candidate has received, in a separate column prepared for that purpose, with the name of such candidate at the head of such column, and the office designated by the votes such candidate shall fill. The votes shall be canvassed in the room or place where the election is held, and the judges shall not allow the ballot box, or any of the ballots, or either of the poll lists, or either of the tally papers to be removed or carried away from such room or place until the canvass of the votes is completed and the returns carefully enveloped and sealed up, as provided by law.

CANVASS OF VOTES -PROCLAMATION BALLOTS DESTROYED.] [Section 314, original act.] Section 12. When the canvass of the ballots shall have been completed as now provided by law, the clerks shall announce to the judges the total number of votes received by each candidate: each judge of the election shall proclaim in a loud voice the total number of votes received by each of the persons voted for and the office for which he is designated and the number of votes for and the number of votes against any proposition which shall have been submitted to a vote of the people: such proclamation shall be prima facie evidence of the result of such canvass of the ballots. Immediately after making such proclamation, and before separating, the judges shall fold in two folds, and string closely upon a single piece of flexible wire, all ballots which have been counted by them, except those marked "objected to," unite the ends of such wire in a firm knot, seal the knot in such manner that it can not be untied without breaking the seal; enclose the ballots so strung in a secure canvas

covering and securely tie and seal such canvas covering with official
wax impression seals, to be provided by the judges, in such manner
that it can not be opened without breaking the seals, and return said
ballots, together with the package containing the ballots marked
"defective or objected to" in such sealed canvas covering to the proper
clerk or to the board of election commissioners, as the case may be,
and such officer shall carefully preserve said ballots for six months,
at the expiration of that time shall destroy them by burning without
previously opening the package. Such ballots shall be destroyed in
the presence of the official custodian thereof and two electors of ap-
proved integrity and good repute and members respectively of the
two leading political parties. The said electors shall be designated
by the county judge of the county in which such ballots are kept:
Prorided, that if any contest of the election of any officer voted for
at such election shall be pending at the expiration of said time, the
said ballots shall not be destroyed until such contest is finally deter-
mined. In all cases of contested elections the parties contesting the
same shall have the right to have said ballots opened and to have all
errors of the judges in counting or refusing to count any ballot cor-
rected by the court or body trying such contest, but such ballots shall
be opened only in open court or in open session of such body and in
the presence of the officer having the custody thereof.

FORM OF RETURN ] [Section 61, original act.] Section 13. When the votes shall have been examined and counted, the clerks shall set down in their poll-books the name of every person voted for, written at full length, the office for which such person received such votes, and the number he did receive, the number being expressed in words at full length: such entry to be made, as nearly as circumstances will admit, in the following form, to-wit:

At an election held at... and State of Illinois, on the. of our Lord one thousand.

in the county of.

day of... hundred and.

in the year the fol

lowing named persons received the number of votes annexed to their respective names for the following described offices, to-wit: (Name of candidate) had (number of votes) for (title of office). (and in the same manner for any other persons voted for). Certified by us.

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RETURNS TO BE MADE TO COUNTY CLERK, ETC.-~CANVASS, ETC.--] [Section 62, original act | Section 14. One of the lists of voters, with such certificate written thereon, and one of the tally papers footed up so as to show the correct number of votes cast for each person voted for, shall be carefully enveloped and sealed up and put into the hands of one of the judges of election, who shall, within twenty-four hours thereafter, deliver the same to the county clerk, or his deputy, at the office of said county clerk, who shall safely keep the same. Another of the lists of voters, with such certificate written thereon, and another of the tally papers footed up as aforesaid, shall be carefully enveloped and sealed up and duly directed to the

Secretary of State, and by another of the judges of election, deposited in the nearest postoffice within six hours after the completion of the canvass of the votes cast at such election, which poll book and tally list shall be filed and kept by the Secretary of State for one year, and certified copies thereof shall be evidence in all courts, proceedings and election contests. Another of the lists of voters, with such certificates written thereon, and another of the tally papers footed up as aforesaid, shall be carefully enveloped and sealed up and delivered by the third one of the judges. without delay, in counties under township organization, to the town clerk of the town in which the district may be; and in counties not under township organization, they shall be retained by one of the judges of election, and safely kept by said town clerk or judge, for the use and inspection of the voters of such district until the next general election. Before said returns are sealed up, as aforesaid, the judges shall compare said tally papers' footings and certificates and see that they are correct and duplicates of each other, and certify to the correctness of the same.

CHALLENGERS.] [Section 61, original act.] Section 15. The judges of election shall allow at least one, and not more than two legal voters of each party to the contest, to be chosen by the parties respectively, to be in the room where the election is held, to act as challengers of voters at such election; and such challengers may remain with the board of election until the votes are all canvassed and the result declared

ARTICLE XI.

CANVASSING RETURNS.

CANVASSING RETURNS -- ABSTRACTS.] [Section 71, original act.] Section 1. Within seven days after the close of the election, the county clerks of the respective counties, with the assistance of two justices of the peace of the county, shall open the returns and make abstracts of the votes in the following manner, as the case may require: Of votes for Governor and Lieutenant-Governor, on one sheet; of votes for other State officers, on another sheet; of votes for Presidential Electors, on another sheet; of votes for Representatives to Congress, on another sheet; of votes for Judges of the Supreme Court, on another sheet; of votes for Clerks of the Supreme Court, on another sheet; of votes for Judges of the Circuit Court, on another sheet; of votes for Senators and Representatives to the General Assembly, on another sheet: of votes for members of the State Board of Equalization, on another sheet: of votes for county officers, on another sheet. The foregoing abstracts shall be preserved by the county clerk in his office.

CERTIFICATE OF ELECTION.] [Section 72. original act.] Section 2. The county clerk shall make out a certificate of election to each of the persons having the highest number of votes for the several county officers, and deliver such certificate to the person entitled to it, on his application.

THE VOTE] [Section 73, original act.] Section 3. When two or more persons receive an equal and the highest number of votes for an office to be filled by the county alone, the county clerk shall issue a notice to such persons of such tie vote, and require them to appear at his office, on a day named in the notice, within ten days from the day of election, and determine by lot which of them is to be declared elected.

DRAWING LOTS-CERTIFICATES.] [Section 74. original act.] Section 4. On the day appointed, the clerk and other canvassers, or in case of their absence, the State's attorney or sheriff, shall attend, and the parties interested shall appear and determine by lot which of them is to be declared elected; and the clerk shall issue his certifi cate of election to the person thus declared elected.

ABSTRACTS SENT TO SECRETARY OF STATE.] [Section 76, original act.] Section 5. Immediately after the completion of the abstracts of votes, the county clerk shall envelope and seal up a copy of the abstracts of votes for Governor, Lieutenant-Governor, Secretary of State, Auditor of Public Accounts. Treasurer, Attorney-General and Superintendent of Public Instruction and Trustees of the University of Illinois, and indorse upon it in substance, "Abstracts of votes for State officers from.... ..county." and address it, "The Speaker of the House of Representatives." The county clerk shall, at the same time, envelope and seal up a copy of each of the abstracts of votes for other officers and indorse the same so as to show the contents of the package, and direct the same to the Secretary of State. The several packages shall then be placed in one envelope and addressed to the Secretary of State.

HOW ABSTRACTS SENT.] [Section 77, original act.] Section 6. Such abstracts shall be transmitted to the Secretary of State by mail, or, in case it shall be necessary, by special messenger.

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CANVASS BY SECRETARY OF STATE, ETC.-COMMISSION, ETC.-PROCLA~ MATION.] [Section 78, original act. Section 7. The Secretary of State, Auditor, Treasurer and Attorney General, or any two of them, in the presence of the Governor. shall proceed within twenty days after the election, and sooner if all the returns are received, to canvass the votes given for Representatives to Congress, Judges of the Supreme Court, Clerk of the Supreme Court, Judges of the Circuit. Court, Senators. Representatives to the General Assembly, and members of the State Board of Equalization and Trustees of the Univer sity of Illinois respectively; and the persons having the highest number of votes for the respective offices shall be declared duly elected; but if it appears that more than the number of persons to be elected have the highest and an equal number of votes for the same office, the Secretary of State, in the presence of the other officers and the Governor, shall decide by lot which of such persons shall be elected; and to each person duly elected, the Governor shall give a certificate of election or commission, as the case may require, and shall cause proclamation to be made of the result of the canvass.

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