« AnteriorContinuar »
appoint as many boards of election, consisting of 3 qualified electors within the barrio, as may be necessary to have one polling place for every 400 registered electors. They shall report the facts to the alcalde when they send in the registration lists, so that the suitable number of voting places may be provided and publicly announced.
No member of the board of registration who shall have accepted a candidacy shall serve in the board of election, his alternate taking his place on taking the proper oath or affirmation. Any vacancy in the board of election on election day shall be filled by the board by the appointment of the alternate of the absent member or other alternate or by the appointment of an elector duly qualified, who shall also take the proper oath or affirmation, which may be taken before a member of the board of election.
XVIII. The polls shall be open for the reception of votes continuously from 6 a. m. until 6 p. m. on June 16, 1900; and two members of the board of election must constantly be present.
XIX. Any member of the boards of elections may administer oaths or affirmations and certify oaths or affirmations required to be administered.
XX. Before receiving any ballots the board must, in the presence of any persons assembled at the polling place, open, exhibit, and close the ballot box, which must contain no paper or substance whatever, and thereafter it must not be removed from the polling place or from the presence of the bystanders until all the ballots are counted, nor must it be opened until after the polls are finally closed. Before the boards receive any ballots they must cause it to be proclaimed aloud at the place of election that the polls are open. When the polls are closed, that fact must be proclaimed aloud at the place of election, and after such proclamation no ballots must be received. Voting may commence as soon as the polls are open and may continue during the time they remain open.
XXI. Before entering upon the exercise of their duties all supervisors of election and members of boards of registration or of election and all clerks shall make oath or affirmation, in writing, to perform their duties faithfully and honestly, and may be taken before any judge of first instance, or any municipal judge, or the alcalde municipal, or before a member of the board of elections in the case provided by Article XVII. All such oaths or affirmations shall be inclosed with the final returns of the elections.
XXII. Each registration board shall appoint one clerk, who shall do the necessary clerical work of the board of registration and of the board of election, and the alcalde shall transmit to the board of election in each barrio, before the hour of opening the polls, the alphabetically arranged certified copy of the registered voters of such barrio, together with the proper number of tickets.
XXIII. There shall be provided at each voting place separate apartments, or, if this is not practicable, desks or tables sufficiently screened from observation of bystanders, at which the voter may prepare his ballot in secrecy. For this purpose the alcalde shall provide the necessary writing materials for the use of voters in preparing their tickets. As many such apartments or desks or tables shall be provided as may in the judgment of the election board be required, and not less than 1 for every 100 registered voters.
XXIV. Any voter, otherwise qualified, who is unable for any reason to mark and prepare his ballot, may call upon any member of the board of election present to assist him in preparing his ticket, and it shall be the duty of such member, in the presence of one other member of the board, to do so, and to mark the ticket as directed. No other person shall be permitted to be within hearing or the possibility of observation at the time such ticket is being marked.
XXV. A person entering the polling place for the purpose of voting shall announce his name to the board of election, one member of which shall immediately repeat the name in a loud, distinct voice; the clerk shall then examine the certified list of registered voters of the barrio, and shall announce to the board whether or not such name is found therein. If the name is found duly register a member of the election board shall deliver to the voter one ticket, and shall indicate to him the place where his ticket may be prepared.
XXVI. If, for any reason, the voter, in preparing his ticket, shall spoil the same so as to make it unavailable for the purpose of voting, he shall return it to the board of election. Tickets so returned shall be marked "Returned" on the face and kept by the board. Another ticket shall thereupon be delivered to the voter, but not more than three tickets shall be given to any person. No writing or other marks shall be placed upon the ballot, except a cross opposite the name of each person for whom the elector desires to vote, and except the names of such individuals not on the printed list as the elector may desire to vote for.
XXVII. After preparing his ticket, the person offering to vote shall fold it in
such manner that no portion of the face of the ticket shall be visible; and it must not, for any reason whatsoever, either by the voter or any election officer, be unfolded or the face exposed previous to depositing it in the ballot box. The ballot so prepared must be handed by the voter to a member of the board of election, and announce his name at the same time. The presiding officer must receive the ballot, and before depositing it in the ballot box shall again announce in a loud and distinct tone the name and residence of the voter.
XXVIII. Any person offering to vote may be orally challenged by any elector of the municipality, at any time after he enters the polling place, and before the ballot is actually deposited in the ballot box, upon any of the following grounds:
1. That he is not the person whose name appears on the register.
2. That he failed to fulfill in any respect the conditions prescribed in Paragraph I of this order.
3. That he is disqualified for any of the reasons set forth in Paragraph II of this order.
4. That he has previously voted at the same election at another polling place.
5. That he has paid, offered, or promised to pay or contribute any money or other valuable thing as compensation or reward, or has been paid, or has accepted an offer or promise of, any money or other valuable thing as compensation or reward for his vote, for the giving or withholding of a vote at this election, or that he has become, directly or indirectly, interested in any bet depending upon the result of this election.
XXIX. If the challenge is made on the ground that the person offering to vote is not the person whose name appears on the register, the board must tender to him the following oath or affirmation: "You do swear (or affirm) that you are the person whose name is entered on the register of voters of this district."
If the challenge is on any other ground the board shall tender to the person offering to vote an oath or affirmation in similar form, substantially denying the truth of the ground of the challenge.
XXX. In any case of challenge it shall be determined in favor of the party challenged upon his taking the oath or affirmation tendered, which oath shall be subscribed by him and kept by the board of election.
If any person challenged refuses to take and subscribe the oath or affirmation tendered he must not be allowed to vote.
If the challenge is determined against the person offering to vote, the ballot offered must, without examination, be marked "Rejected on challenge" and kept by the board of election.
The clerk of the board shall keep a list showing the names of all persons challenged, the ground of such challenge, and the determination upon the challenge.
XXXI. If the elector be not challenged, or if the challenge be not sustained, the presiding officer must, in the presence of the other members of the board and in the presence of the elector, place the ballot, without opening or examining the same, into the ballot box, and the voter shall forthwith pass from the polling place. When the ballot has been placed in the box the clerk must write the word "Voted" opposite the name of the elector on the certified copy of the register of voters, and shall enter the name of the voter on the poll list.
Immediately on the closing of the polls the poll list made by the clerk shall be certified to by the members of the board of election and by the clerk in the following form:
At the municipal election held in the barrio of on the 16th day of June, in the year 1900, A B, C D, and E F, members of the board of election at and G H, clerk of said board, respectively, swore or affirmed to perform their duties, as required by the election law, previous to entering on their respective duties.
(Then shall follow the names.)
We certify that the above is a correct list of the electors who voted at the said election, and that the total number of such electors voting amounts to
Members Board of Election.
XXXII. As soon as the polls are finally closed and the list certified the board of each barrio must immediately proceed to count the votes given at such election, and the counting must be continued without adjournment until all the votes are counted and the result announced. Any candidate may designate in writing to the board of election of any voting place the name of any qualified electer of the barrio who may represent such candidate at the polling place of the barrio, and who shall be entitled to be present during the continuance of the count. No other person shall be present during the counting of the votes.
XXXIII. The count must be commenced by taking out of the box the unopened ballots and counting the same to ascertain whether the number of ballots corresponds with the number of names on the poll list. If two or more separate ballots are found so folded together as to present the appearance of a single ballot, they must be laid aside until the count of the ballot is completed. Then if, upon a comparison of the count with the number of names of electors on the poll list, it appears that the ballots thus folded together were cast by one elector they must both be rejected. The ballots must be immediately replaced in the box, and if the ballots in the box exceed in number the names on the list, one of the board must publicly, and without looking, draw out therefrom singly and destroy unopened a number of ballots equal to such excess, and the board must make a record on the poll list of the number of ballots so drawn and destroyed.
XXXIV. The board must then proceed to count and ascertain the number of votes cast for each person voted for.
The ballots must be taken out and opened by one of the members of the board, and the ticket must be distinctly read aloud. The clerk shall write down each office to be filled, and the name of each person voted for to fill such office, and shall keep the number of votes by tally as they are read aloud. If during the count two tickets are found folded together in the form of one ballot, they must both be rejected.
No ballot or part of ballot must be rejected because of any obscurity therein if the board from an inspection of the ballot can determine with certainty the person voted for and the office intended.
If the names of more persons are designated on any ballot found in the box for the same office than are to be chosen for such office, then all the names designated for such office on such ballot must be rejected, and such rejection must at the time thereof be noted on the ballot and signed by a majority of the board.
Any ballot found in the box which bears upon the outside thereof anything by which such ballot may be readily distinguished from other legal ballots must be rejected, and a note of such rejection, with the reason thereof, must be entered on the ballot and signed by a majority of the board.
Any ballot found in the box which is so marked on the outside thereof as to tend to impart a knowledge of the identity of the person who voted such ballot shall in like manner be rejected.
Whenever the board of election rejects a ballot, or any part of a ballot, it must at the time of such rejection cause to be made thereon and signed by the majority of the board an indorsement of such rejection and of the causes thereof.
All rejected ballots must be preserved and returned in the same manner as other ballots, but in a separate package.
XXXV. The ballots, as soon as read or rejected for any cause, must be strung upon a string by one of the members of the board, the rejected ballots to be strung separately, and the ballots must not thereafter be examined by any person, but must, as soon as all are counted, be carefully sealed in a strong wrapper, marked Ballots cast at the municipal election, municipality of- -, barrio of
-, on the 16th day of June, 1900," each member of the board writing his name across the seal. In like manner the rejected list and all other papers relating to the election shall be wrapped, signed, and sealed, suitably marked for identification, and transmitted to the alcalde, who shall hold them subject to the order of the military governor.
XXXVI. After all the votes are counted, the clerk shall make a tally list, setting forth the names of all persons voted for, and for what office, and the number of votes given for such candidate, the number being written at full length, and such list must be signed by the members of the board and by the clerk, substantially in form as follows:
"We hereby certify that at the municipal election in the municipality ofin the voting place of and barrio ofA B had -votes for the office of alcalde; C D had- -votes for the office of alcalde; E F had -votes for the office of municipal judge," etc.
The tally list shall be made in duplicate, shall be read aloud, and one copy thereof to be sent to and kept by the alcalde, the other, together with the poll list, to be forwarded direct to the civil governor of the province. The alcalde shall announce, as soon as practicable after the receipt of the tally list from all the election places of
the municipality, the candidates who have received the highest number of votes for each of the offices, and shall declare such candidates elected.
As soon as practicable after the receipt of the poll list by the civil governor, he shall cause each such list to be published in the official bulletin of the province.
XXXVII. Members of the board of registry and election shall serve without pay, and clerks shall be paid at the rate of $2 per diem while actually engaged in the performance of their duties.
XXXVIII. The boards of registry and election may call upon the municipal police or the rural guards to keep the peace in and about the place of registry and of voting, and to protect them and the electors in the free exercise of their duties and rights, and may, in case of absolute necessity, call upon the nearest military commander, if the protection of the police and rural guards be ineffectual.
XXXIX. Every person who shall sign a certificate of nomination of two or more candidacies for the same office, or of two or more members of a board of registration, shall, on conviction thereof, be punished with imprisonment for not less than thirty days nor more than sixty days.
XL. Every person who shall knowingly present a certificate of nomination, or a certificate naming a member of a board of registry, bearing a false or fictitious name or names, or signed by others than qualified electors of the municipality or of the barrio, as the case may be, or who, not being a qualified elector of the municipality, shall sign a certificate of nomination, or, not being a qualified elector of a barrio, shall sign a certificate, designating a member of the board of registration, or any person who shall sign a fictitious name to any certificate, or the name of another elector, unless the latter can not sign and specially request such signature, shall, on conviction thereof, be subject to a fine of $500, or to imprisonment for one year, or to both such fine and imprisonment.
XLI. Every person charged with the performance of any duty under the provisions of this order, relating to elections, who willfully neglects or refuses to perform it, or who knowingly and fraudulently acts in contravention or violation of any of the provisions of this order, or knowingly and fraudulently deprives any individual of his right to register or vote, shall be punishable, on conviction thereof, by imprisonment for not less than six months nor more than one year.
XLII. Every person who willfully causes, procures, or permits himself to be registered as a qualified elector in any municipality, knowing himself not to be entitled to such registration, or who shall register in two or more places at the same election, shall be punishable, on conviction thereof, by imprisonment for not less than six months nor more than one year.
XLIII. Every person, not entitled to vote, who fraudulently attempts to vote, or who, being entitled to vote, attempts to vote more than once at this election, or who procures, assists, or advises another person to give or offer his vote, knowing that such person is not qualified to vote, shall be punished, on conviction thereof, by imprison- . ment for not less than three months nor more than six months.
XLIV. Every person, not entitled to vote, who fraudulently votes, and every person who votes more than once at any one election, or who knowingly hands in two or more tickets folded together, or changes any ballot after same has been deposited in the box, or adds or attempts to add any ballot to those legally deposited, either before or after the ballots have been counted, or who makes or places any distinguishing mark or device on any ballot, with the view to ascertain the name of any person for whom the elector has voted, or who carries away or destroys, or attempts to carry away or destroy, any poll list or ballot or ballot box, for the purpose of invalidating such election, or willfully detains, mutilates or destroys any documents provided for in this order, or who unlawfully opens any package of such documents after the same have been sealed, as herein provided, or who alters, mutilates, or counterfeits any certificates of the result of such election, or in any manner so interferes with the lawful conduct of such election, or with the voters' lawful exercise of their right of voting at such election as to prevent such election from being fairly and lawfully conducted, shall be punishable, on conviction thereof, by imprisonment for not less than one year nor more than three years.
XLV. Every person who, by force, threats, bribery, or any corrupt means, attempts to influence any elector in giving his vote, or to deter him from registering as a qualified voter, or from giving his vote, or attempts by any means whatever to restrain or disturb any elector in the free exercise of his right of suffrage, or to deter any elector from signing any petition for the nomination of any candidate; or who, being and acting as a member of any board of elections, shall advise or induce, or attempt to induce, any elector to vote differently from what such elector intended or
desired to vote; or who, being a member of the board of elections, and called upon to mark a ballot for any elector under the provision of paragraph XXVI, fails to mark the same as directed by such elector, or who at any time thereafter shall ever disclose or reveal, directly or indirectly, the names of the candidates voted for by such elector, shall, upon conviction thereof, be punishable by imprisonment for not less than six months nor more than one year.
XLVI. Every person who makes, offers, or accepts any bid or wager on the result of this election, or on the success or failure of any candidate, or on the number of votes to be cast in the aggregate, or for any particular candidate, upon conviction thereof shall be disqualified to hold any office as the result of such election, and shall be punished by imprisonment for not less than one month nor more than three months.
XLVII. Every person who holds any public office, or who, being a candidate for such office at this election, offers or agrees to appoint, or procure the appointment or nomination of, any particular person to an office as an inducement or consideration to any person to vote for or to procure or aid in procuring the nomination or election of such candidate; or who threatens or offers to remove or reduce from office, or raise or secure the reduction or raising of the salary of any employee in the public service, for the purpose of controlling the action of such employee in the exercise of his electoral right, shall, on conviction thereof, be disqualified to hold any office, and shall be punished by imprisonment for not less than six months nor more than two years. XLVIII. Every person who refuses to an employee under his direction who is entitled to vote or register at this election the opportunity of presenting himself for registration or voting, or subjects such employee to a reduction of wages or any other penalty because of the exercise of such privilege, shall be, upon conviction thereof, punished by imprisonment for not less than three months nor more than six months.
XLIX. It shall be the duty of the alcaldes, and of all persons charged with any duty under this order, to institute a prosecution against any person or persons whom they shall find reason to believe guilty of a violation of any of the foregoing pro
ADNA R. CHAFFEE, Brigadier-General, U. S. Volunteers, Chief of Staff. Supplementary orders 182, 211, 212, and 227 were also issued, as follows, to which attention is invited:
The military governor of Cuba directs the publication of the following: In the coming elections printing and ballot boxes will be paid for by the state. The state will also pay the salaries of the clerks of registration at the rate of $1.50 a day for days actually occupied. Vouchers to be certified to by the alcaldes.
ADNA R. CHAFFEE, Brigadier-General, U. S. Volunteers, Chief of Staff.
J. B. HICKEY,
HEADQUARTERS DIVISION OF Cuba,
HEADQUARTERS DIVISION Of Cuba,
Inasmuch as the proposed charter for the city of Habana, recently submitted to the military governor of the island, calls for certain modifications of the existing electoral law, and further, as many requests have been made that the electoral law be modified to comply with the general principles laid down in the proposed charter, the military governor of Cuba issues the following order:
I. The municipal district of Habana is hereby subdivided, for the purpose of the municipal elections, into six electoral districts in the following manner:
(a) The first four electoral districts will, respectively, embrace the first four municipal districts which appear in the regulations of the district, as follows:
The first district will embrace the wards of Templete, Casa Blanca, San Felipe,