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Full text of "Illinois Election Laws"

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Ml 



i G II T E II T S . 

TI0,l,I115-nois .Statutes . . .Election 

I lav;s 1865 

1T0.2.— - — - Election laws 1873 

i:0.3.~ Election lav/s lECS 

NO. 4.—--- Illinois prinary elec- 
■■: tion lav/s •. 191 G 



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•/ 



ELECTION TAWS^' ^^^ 



? 46575 



OF THE 



/ 



STATE OF- ILLIISrOIS, 



>\ 



TOOBTHBB WITH THS 



REGISTRY LAW, 



WITH SUITABLE FOEM8 AND INSTRUCTIONS 

POR CARRYING THB SAME INTO EFFECT. 



.vP>UBLISHEP IN PUR8UA>NCE OF LAW 






SPEINGFIELD.: 

BAKBB A FHIIiLIFS, FBIK^EBS. 

1865. 
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♦. '• 



TH E.N FW YORK 




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PREFACE. 



EXTRACT OF AN "ACT FOB TIIE REGISTRY OF ELECTORS, AND TO PRE- 
VENT FRAUDULENT VOTING," AITROVED FEBRUARY 15, 1865. 

" Section 17. The secretary of state shall cause this law to be 
printed in pamphlet form, with suitable forms and instructions for 
carrying it into eflfect, together with the general election law of the 
state, and a sufficient number of copies thereof sent to each county 
clerk in every county in this state to supply each of the officers 
named in this act with a copy. And it shall be the duty of each of 
said clerks to immediately transmit a copy of the same to each oi 
the judges or inspectors of election in his county." 

In accordance with the above quoted section, the following col- 
lation of the "Election Laws" of this State, as well as the " Forms 
and Instructions," have been made, and in compliance therewith 
this pamphlet is respectfully issued to the citizens of this State; 

I have not considered it a part of either my duty or my privi- 
lege to attempt, here, any examination of the general law of elec- 
tions, and have, therefore, confined the " Forms and Instructions " 
to the act, requiring them, known as the " Registry Law." 

But having received numerous communications regarding the 
laws of Congress, concerning foreigners who fought in the army 
and navy, and concerning deserters therefrom, and thinking it due 
to our citizens that these laws should be generally known, I have 
quoted the section bearing thereon. 

The term " town meeting," used in the " Registry Law," lias 
occasioned considerable correspondence. For the definition of this 
term, and its uses, I respectfully refer to the " Compilation of 
the laws relating to Township Organization." 

The FORM for " Registers " is omitted, because the Blanks are 
herewith distributed, as required. 

In the hope that this pamphlet may serve the purposes of the law, 

it is respectfully submitted. 

SHARON TYND ALE, 

Secretary of State, 



J 



v~ 



^ 



ELECTION LAWS. 



[JUvued SUOuiM, 1845. OJuqpUr XXXVI^ 

Section 1. [Repealed.] 

§ 2. The clerks of the several county commissioner's *difki^to*Stttrn 
courts shall, within eight days next after holding an election *biir»ct ©f 
for electors, as is provided for in this chapter, make three p^^dentiia ** 
copies of the abstract of votes for electors, and transmit i*gSSl!°R., on. 
by mail one of said copies to the governor or person adminis- 1 {^{J. ^'^^ 
tering the government, another to the office of the secre- 12 m.'R., 285.* 
tary of state, and retain the third in his office, to be sent 
for by the governor, in case both the others should be mis- 
laid. Within twenty days after the holding of such election, ^•"^t^J' *^* 
and sooner if all the returns are received, oy either the gov- 
ernor or person administering the government, or by the 
secretary of state, the secretary of state, auditor of public 
accounts and treasurer, or any two of them, shall, m the 
presence of the governor or person administering the gov- 
ernment, proceed to open and canvass said election returns, 
and to declare the persons having the highest number 
of votes elected ; but should any two or more persons be Tie rote, 
returned with an equal and the highest vote, the said secre- 
tary of state shall cause a notice of the same to be published 
in the paper printed by the public printer, which notice shall 
name some day and place, not less than five days from the 
time of the publication of such notice, upon which the said 
secretary, auditor and treasurer will deciae, by lot, which of 
said persons so equal and highest, are elected ; and upon the 
day and at the place so appointed in said notice, tne said 
secretary, auditor and treasurer, or any two of them, shall, 
in the presence of the governor, or person administering the 
government, decide, by lot, which of the persons so equal 
and highest, shcdl be elected. 

§ 3. The governor, or person administering the ffovem- ftjroit ©r eiec- 
ment, shall cause the result of the said election to be pub- eiaiiMd^y^Se 
lished in the paper printed by the public printer, and shall «o^«»°«r- 
transmit by mail to tne persons elected, certificates of their 
election. 

§ 4. The electors chosen, as aforesaid, shall meet at the 'Jj""!? «' p'«- 
seat of government'of this state, at the time appointed by the totS? ***** 
laws of the United States, and gh^e their votes in the man- 
ner herein provided, and perform such duties ae aro or may 



tricts. 



be required by law. Each elector shall receive for every 
twenty miles' necessary travel, in going to the seat of gov- 
ernment to give his vote, and in retummg to his residence, 
to b^ computed by the most nsual route, the sum of three 
dollar^, to oe paid on the warrant of the auditor, out of any 
money in the treasury, not otherwise appropriated. 

§ 6. In case any person, declared diiiy elected an elector 
of president and vice-president of the United States, shall 
fail to attend at the state house, at the seat of government 
of this state, at or before the hour of twelve o'clock at noon 
of the day on which his vote is required to be given, it shall 
be the duty of the elector or electors of president and vice- 
president, attending at that time and place, to appoint a per- 
son or persons to fill such vacancy : Pi^ovided^ that should 
the person or persons, chosen by the people, as aforesaid, 
arrive at the place, aforesaid, before the votes for president 
and vice-president are actually given, the person or persons 
appointed to fill such vacancy, shall not act as elector of 
president and vice-president. 
§ 6. [Repealed.] 

Election dia- § 7. The county commissioners' courts of the several 
counties in this state, are hereby authorized to divide their 
respective counties into as many election precincts, for all 
general and sj>ecial elections, as they may think expedient 
for the convenience of the voters of said county; and to ap- 
point as many sets of judges of elections to receive votes at 
the county seats, as they may think necessary ; and shall 
designate the house or place in each precinct, and in the pre- 
cinct including the county seat, the house or houses, place 
or places, at which elections are to be holden ; and the pre- 
cincts and places of holding elections, so established, shall so 
remain until changed by the county commissioners' court. 

puce of ToUng. -^.^d all general and special elections shall be held at the places 
' so desi^ated, until changed, as aforesaid : Provided^ air 
way 9y tnat it|| shall be the duty of the county commission 
ers' court at any time to change any place of holding elec- 
tions, upon a petition .of a majority of voters residing within 
the precinct. 

T.-, .. «# .1^ § 8. The said county commissioners' courts shalL re- 
tion. spectively, at the last stated term preceding any election, 
appoint three capable and discreet persons, possessing the 
qualifications of electors, to act as judges of the election in 
each election precinct.; and the clerk of the said court shall 
make out and deliver to the sheriff of the countv, immedi- 
ately after the appointment of said judges, a notice thereof 
in writing, directed to the judges so appointed ; and it shall 
be the duty of the said sheriff, within twenty days after the 
receipt of said notice, to serve said notice upon each of the 
said judges of election. • 

cterki of eiee- § ^" ^^^ ^^^ j^^g^ of the election shall choose two 
tion. pedsonSi baviog sixoilar qualifications with themselves, to 



N 



•^« 



act as derks of the election. The said judges of the elec- 
tion shall be and continue judges of all elections of civil 
officers to be held within their precinct, until other judges 
shall be appointed, as hereinbefore directed ; and tlie said 
clerks of election may continue to act as such during the 
pleasure of the judges of election. 

And the county commissioners' courts shall, from time to v»c«icy in 
time, till all vacancies which may take place in the office of io**K«"**^p- 
judge of the election, in any election precinct within their 
respective counties. 

§ 10. The clerks of the several county commissioners' Notice of eiee- 
courts, shall, at least thirty days previous to any general 
election, and at least twenty days previous to any special 
election, make out and deliver to the sheriff of his county, 
three written notices thereof for each precinct, said notices to 
be, as nearly as circumstances will admit, as follows, to wit : 

Notice is hereby given, that on Monday, the day of next, at the 

house of , in precinct, in the county of , an election will be held 

for OoTernor, one Lieutenant Governor, one Representative to the Congress of 
the United States, one Senator, three Representatives in the General Assembly 
of this State, one Sheriff, one Coroner, toree County Commissioners, etc., (as 
the case may require,) which election will be opened at 8 o'clock in the morning, 
and will continue open until 6 o'clock in the afternoon of said day. 

Dated at , this day of . in the year of our Lord, one thousand 

eight hundred and . A B — , 

Clerk of ths County CommiatiofUf* Covrt of County, 

And the said sheriff, to whom such notices shall be deliv- Duty of sheriff to 
ered, as aforesaid, shall post up in three of the most public SSuoei*^^*^°° 
places in each precinct, the three notices referring to such 
precinct, at least fifteen days before the time of holding any 

general election, and at least eight days before the time of 
olding any special election. 

§ 11. If any person appointed to act as judge of the vacancy in 
election, as aforesaid, shall neglect or refuse to be sworn or {S^.*^^^* ^^^ 
affirmed to act in such capacity, the place of such person 
shall be filled by any justice of the peace, residing within 
the precinct, to be nominated by the other judge or judges 
of the election ; and if there be no other justice present to 
act as judge, the other judge or judges of the election shall 
nominate one or more capable and discreet elector or elec- 
tors, residing within the precinct, to fill such vacancy or 
vacancies ; and if there be no judge of the election present 
to fill such vacancy or vacancies by nomination, then such 
vacancy or vacancies shall be filled by the votes of such 
qualified electors, residing within the precinct, as may them 
be present at the place of election ; and the justice or jus- 
tices, person or persons, so elected or nominated to fill such 
vacancy or vacancies, shall be, and are hereby, vested with 
the same power as if appointed by the county commission- 
ers' court. 

§ 12. Previous to any votes being taken, the judges and ^^fg^ «nd 
clerks of the election shall severally take an oath or affiima- oath of ^m^^^ 
tion, in the following form, to wit: 



6 



When polU lo be 
-opened and 
cloied. 



Toting twice* 



Chftllenget. 



, do BoleiDDbr swear (or affirm, as the case may be,) that I will 
perform the daties of jadge (or clerk, at ibe case maj be,) according to law and 
the best of my ability ; that I will studiously endeavor to prevent ^aud, deceit 
and abuse in conducting the same. 

§ 13. In case there shall be no judge or justice of the 
peace present at the opening of the election, or in case such 
judge or justice shall be appointed a judge or clerk of the 
election, it shall be lawful for the judges of the election, 
and they are hereby empowered, to administer the oaths or 
aflBrmations to each other, and to the clerks of the election ; 
and the person administering such oaths or aflSrmations 
shall cause an entry thereof to be made and subscribed by 
him and prefixed to the poll books. 

§ 14r. At all elections to be held under this chapter, the 
polls shall be opened at the hour of eiffht in the morning, 
and continue open until six o'clock in the afternoon of the 
same day, at which time the polls shall be closed. 

Provided^ however^ That it no judge shall attend at the 
hour of eight in the morning, and it shall be necessary for 
the electors present to appoint judges to conduct the elec- 
tion, as hereinbefore prescribed, the election may, in that 
case, commence at any hour before the time for closing the 
polls shall arrive, as the case may require. 

And^ provided^ also^ that the judges of the election may, 
if they snail deem it necessary, for the purpose of receiving 
the votes of all the electors wishing to vote, postpone the 
closing of the polls until twelve ^'dock at night. 

And upon opening the polls, one of the clerks, under the 
direction of the judges, shall make proclamation of the same, 
And thirty minutes oefore the closing of the polls proclama- 
tion shall be made in like manner that the polls will be 
<5losed in half an hour. 

§ 15. [Repealed.] 

§ 16. [Repealed.] 

§ 17. If any elector shall vote more than once at any 
election held under the authority of this chapter, he shall 
be fined in the sum of one hundi'ed dollars, to be recovered 
by indictment before any court of competent jurisdiction ; 
and the whole of such fine shall be appropriated to the use 
of the county in which the offense may nave been committed. 
• § 18. [Repealed.] 

I 19. If any person so offering his vote, at such elec- 
tion, shall take such oath or affirmation, or shall offer to 
take such oath or affirmation, as prescribed in the pre- 
ceding section, his vote shall be received, unless it shall be 
proved by evidence satisfactory to a majority of the judges, 
that such oath or affirmation is false ; and if such person 
shall refuse to take such oath or affirmation, his vote shall 
be rejected; and if any person shall take the oath or af- 
firmation, as is before named, kr owing such oath or affirma- 
tion to be false, he shall be deemed guilty of willful and 
corrupt perjury, and punished accordingly. 



§ 20. If any person shall vote at any election, who is niagai rouag. 
not a qualified voter, he shall forfeit and pay any snm not 
exceeding fifty dollars, nor less than twenty-nve, to be 
recovered in the same manner as other penalties under this 
chapter. 

§ 21. For the preservation of order, as well as the se- ^^H^^^^ 
curity of the judges and derks of the election firom insult 
and abuse, it shaS be the duty of any constable or consta- 
bles residing within the precinct, who shall be designated 
for the purpose, by the judges of the election, to attend at 
all elections within such precinct ; 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 empowered to impose a fine, not ^t^%^^d!^ 
exceeding twenty dollars, on any person or persons who J^*%^aSnJ{*'" 
shall conduct in a disorderly and riotous manner, and persist 
in such conduct after having been warned of its conse- 

auences, and on refusal to pay the same to commit him or 
lem to the common jail of the county for any time not 
exceeding twenty days, or until the fine shall be paid ; and 
the constable to whom the order shall be directed and the 
jailer of the county, are hereby required to execute such 
order, and receive such person or persons, so committed, as 
though it had been issued or delivered by a magistrate in 
due form of law. 

§ 22. The county conmnssioners' court in each county ^^^cSnltSier 
may, if necessary, appoint some constable to attend each 
precinct and preserve order during said election ; and the 
said constable shall have authority to call to his aid a suf- 
ficient number of citizens to suppress any riot or other dis- 
orderly conduct during said election ; and there shall be paid 
to said constable, out of the county treasury, a «um not ex- 
ceeding one dollar a day for said services. 

§ 23. 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 nill length, the 
office for which such person received sudi vote or 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 w3l admit, in the following form, to wit: 



At an election held at the honse of f in precinct, in the count j of—. 

and State of niinoia, on the — day of — ^y in tne year of oar Lord one thou- 
sand eight hundred and ^ the following named persons received the nnmber 



of rotes annexed to their respectiye names, for the following described offices, 
to wit: 

had flftj-three Yotes for GoTcmor. 

had fifl7*<^°® Totes for GoYemor. 

had sixtjr-two Totes for Lieutenant GoTcrnor. 

had siz^ Totes for Lieutenant Goyemor. 

had eighty Yotes for Bepresentatiye in Congress. 

had seyentT-three yotes for Senator. 

had sixly-flye yotes for Bepresentatire. 

had flftjr-nine rotes for Bepresentatiye. 

had flfty-seren rotes for Sheri£ 




8 



T U had twenty-two rotes fop Coroner. 

V W had thirtj Totes fop Gonnty Commissioner. 

(And in the same manner for ai^ other persons or officers voted for.) 

Certified by us, A B , | 

Judges of the Election. 



Attest:- 



^ J » [ Clerks of the Election. 




§ 24. [Repealed.] 

^▼iSSff of S«^ § ^^* ^^ ^^® seventh day after the close of the election, 
tuirretarnf. OF Booncr, if all the returns be received, the derk of the 
county commissioners' court, taking to his assistance two 
justices of the peace of his county, shall proceed to open the 
said returns and make abstracts of the votes in the following 
manner: The abstract of the votes for governor and lieu- 
tenant governor shall be on one sheet, and the abstract of 
votes for representatives to congress shall be on another 
sheet; and the abstract of votes for senator and representa- 
tives to the general assembly shall be on another sheet,, and 
the abstract of votes for county oflBicd!rs shall be on another 
sheet; or, if the election shall have been holden for presi- 
dential electors, the abstract of votes shall be on one sneet ; 
and it shall be the duty of the said clerk of the county com- 
missioners' court immediately to make out a certificate of 
election to each of the persons having the highest number 
of vot^ for senator ana representatives to the general as- 
sembly and county officers respectively, and to deliver such 
certificate to the person entitled to it, on his making appli- 
cation for that purpose to the clerk at his office. 

§ 26. But where two or more counties are united in one 
senatorial or representative district, the clerk of the county 
eommissioners' court of the county last established, shall, 
within twelve days after the day of the election, attend at 
the office of the derk of the county commissioners' court of 
the senior county ; and there, in conjunction with the derk 
or clerks of the senior county or counties, shall compare the 
votes given in the several counties composing such senatorial 
or representative district; and said derk shall, immediately, 
make out a certificate of the election of the person or persona^ 
having the highest number of votes in such counties for 
senator or representative to the general assemblv ; which 
certificate shall be delivered to the person entitled to it, on 
his application to the derk of the county commissioners' 
court of the senior county, at his office ; and it shsdl be the 
duty of the county commissioners' court of the county 
where the polls are so compared, to compute the number of 
miles each derk or other person shall travel, in going and 
returning from the county where he is so appointed, to the 
place of comparing the polls ; and it shaU be the duty of 
the county commissioners' court, where the polls are so 
compared, to make an allowance to said clerks, or other per- 
sons who may take the vote of each countv, as aforesaid, a 
compensation, not exceeding six cents per mile, going to and 



9 

retamiu^ from said place of comparing, to be paid eqtiall j 
out of the county treasuries of the respective counties in 
which said clerk or other person may be appointed ; and it 
shall be the further duty of the county commissioners' courts* 
when the polls are so compared, to make an estimate of all 
the expense so incurred by the counties respectively voting 
together, and divide the same among said counties so voting, 
respectively, and shall give to each clerk or other person a 
certified statement of the same, under the seal of said court ; 
and it shall be the duty of the county conmiissioners' court 
of the county where said derk or other person shall be ap- 
pointed, on tne production of said certified statement, to pay 
to said clerk or other person the amount which appears to be 
due him out of the county treasury. 

§ 27. It shall be the duty of the clerk of the county oertifl^tt. 
commissioners' court in 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 next commission- 
ers' court of the eountrv ; and the said court shall order the 
compensation aforesaid to be paid out of the county treasury. 

§ 28. If the requisite number of senators or representa- via vote for ■«. 
tives, or county omcers, shall not be elected by reason of ^LtSi'**^'** 
any two or more persons having an equal and the highest 
number of votes for one and the same office, the clerk or 
clerks whose dutv it is to compare the polls, shall give no- 
tice to the several persons so having the highest and an equal 
number of votes, to attend at the office ot the proper clerk, 
at a time to be appointed by the said clerk or clerks, 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 derk or clerks 
shall make out and deliver to the person thus declared dulv 
elected a certificate of his election as hereinbefore provided. 

§ 29. The clerk of the county commissioners' court, im- Kttvn» to be 
mediately after making out abstracts of votes given in his ^«by county 
county, shall make a copy of each of said abstracts, and 
transmit it by mail to the office of the secretary of state ; 
the absta-act. of votes for governor and lieutenant governor 
being addressed to the speaker of the house o( representa- 
tives, and inclosed, with the other abstracts, to the secretary's 
office, as aforesaid ; and it shall be the duty of the secretary 
of state, at the opening of the succeeding session of the 
general assembly, to dehver all such abstracts of votes for 
governor and Heutenant governor, or for either of them, to 
uie speaker of the house of representativeB. 

§ 80. The secretary of state, auditor, treasurer and at- ouTMr of the 
torney general, or any two of them, in the presence of the 2^ 'f goTcS^ 
governor, shall proceed, within fifty days after the election, ""»*• 
and sooner if all the returns be received, to canvass the votes 



10 

given for representatives to congress; and the governor 
shall grant a certificate of election to the person or persons 
having the highest number of votes, and shall, also, issue a 
proclamation, declaring the election of such person or per- 
sons. In case there snail be no choice, by reason of any 
two or more persons having an equal number of votes, the 
election shall be determined by lot under the direction of 
the governor, in the manner prescribed in the twenty-eighth 
section of this chapter. 
8p«ciai mewen- § 31. If the retums of the election of anv cotmty in this 
tor StttrarS state shall not be received at the office of the secretary of 
eertein cMei. gtate, withiu thirty days after the day of election, the said 
secretary shall, forthwith, send a messenger to the clerk 
of the county commissioners' court of sucn county, whose 
duty it shall be to furnish the said messenger with a copy 
of such retums; and the said messenger shall be paid out 
of the state treasury the sum of ten cents for each mile he 
shall necessarily travel in going to and returning from the 
office of the said clerk, 
vaeanoiei In th« § 82. Wheu auy vacaucy shall happen in the office of 
hSJ?of wpr * senator or representative to the general assembly, by death, 
SiTeS**^®"' removal, or otherwise, it shall be the duty of the clerk of the 
county commissioners' court of the county, if one county 
only compose the senatorial or representative district, as soon 
as he shall have been informed thereof, to notify the governor 
of such vacancy; and if there be more than one county com- 

Srised within the limits of such senatorial or representative 
istrict, it shall be the duty of the clerk of the county com- 
missioners' court of the senior county in such district, so to 
notify the governor ; and the governor shall issue a writ of 
election, directed to the sheriff of the county in which such 
vacancy shall happen, commanding him to notify the several 
judges of election in his county, to hold a special election to 
fill such vacancy or vacancies, at a time to oe appointed by 
the governor : Provided^ that if there is to be no session 
of the general^ assembly between the happening of such 
vacancy and the time of the general election, it shall not be 
necessary to order a special election to fill such vacancy. 

§ 33. Elections to fill vacancies in either branch of the 
general assembly, occurring during the sessions of the Le- 
gislature, may be held on such notice, not less than five nor 
more thaji twenty days, as the governor may direct in the 
writ of election issued to fill such vacancy. 
▼Manciei in § 35. Whcu auy vacancy shall happen in the office of 
S?cOTo*ne?how sheriff or coroner, either by death, resignation or otherwise, 
filled- * the clerk of the county commissioners' court in which such 
vacancy shall happen, shall immediately notify the governor 
of such vacancy ; and it shall be the duty of the governor 
to issue a writ of election, and direct the time when such 
election shall be held ; the said writ to be directed to the said 
clerk. 



11 

§ 36. When any vacancy shall happen in the office of ▼•"joyy ^^ con- 
representative to congress from this state, it shall bo the teict.h^tr flill'd 
duty of the governor to issue his proclamation, appointing 
a day to hold a sp^ial election to fill such vacancy. 

§ 37. K any judge of election or clerk, or any other Neglect of duty 
omeer or person, m any manner concerned m conducting anceofeie«ti<» 
the election, shall willfully neglect, improperly delay, or re- °"<»«"- 
fuse to perform any of the duties required by this chapter, 
after having undertaken to perfoim such duties, he shall for- 
feit and pay to the state the sum of forty dollars; and if* any 
such judge of the election, clerk, or other officer or person, 
in anywise concerned in conducting the election, shall know- 
ingly admit any person to vote, not qualified according to 
law, or shall knowingly receive and count 'more than one 
vote from one person, at the same election for one office or 
shall be guilty of fraud, corruption or partiality, or manifest 
misbehavior m any matter or thing relating to said election, 
each and every person so offending, shall forfeit and pay to 
the county the sum of one hundred dollars, to be recovered 
in any court of record in the state, in the name of the state, 
for the use of the county, in an action of debt, with costs of 
suit, or at the suit of any person who may sue for the same, 
one-half for the use of the person suing, and the other half 
for the use of the county ; and every such person so offend- 
ing, as aforesaid, shall, moreover, on conviction, be rendered 
incapable of holding any office within this state for the term 
of ten years thereafter. 

§ 38. Nothing in this chapter shall be so construed as to 
prevent the judges of election from reftising to receive the 
vote of any person, when it shall be proved to the satisfac- 
tion of a majority of them that in taJking the said oath he 
shall have sworn falsely. And if any judge of election 
shall order to be received the vote of any person who, being 
challenged, shall not take the oath or ainrmation prescribed 
by law, such judge of election, so offending, shall forfeit and 
pay the sum of fifty dollars, to be recovered by action of 
debt, in the name of the state, or of any person suing there- 
for, the one-half of said fine for the use of the county, and 
the other half for the use of the person suing. 

§ 39. [Repealed.! 

§ 40. If the clerk of the county commissioners' court ^^«k^UJ^®' ^^^ 
shall neglect or refuse to perform the duties, as pointed out '**"* ^^*' 
in this chapter, he shall be liable to be indicted, and, on 
conviction, shall be fined in a sum not exceeding five hun- 
dred dollars and imprisoned not exceeding thirty days, and 
may be sued in an action of trespass on the case, for dam- 
ages, not exceeding five hundred dollars, by the person in- 
jured by reason of the neglect or refusal of such clerk. 

§ 41. If any person shall mutilate or erase any name, or Altering poii 
figure, or word, in a poll book taken or kept at any election, ^^^' 
or if any person shall take away such poll book from the 



12 

place where it; has been deposited for safe keeping with an 
intention of destroying the same, or to procure or prevent 
the election of any person, or if any person shall destroy 
any poll book, so taken and kept at any election, he or she 
shall be liable to be indicted, and, on conviction, shall be 
fined five hundred dollars, and imprisoned not exceeding 
sixty days in the county jail. 
^^louf^^ •***" § 42. When any candidate shall desire to contest the 
validity of any election, or the rieht of any person declared 
duly elected to hold the office to which such candidate claims 
the right, such candidate shall give notice of his intention, 
in writing, to the person whose election he intends to con- 
test, or leave a notice thereof at his usual place of residence, 
within thirty days after the day of election, expressing the 
points on which the same will be contested, the name of one 
of the justices of the peace who will attend at the taking of 
the depositions, the place where, and the time when the said 
depositions will be taken ; which time, so fixed upon for the 
taking of the depositions, shall not exceed sixty days from 
the day of election. 

§ 43. The party whose election is contested, may select 
another justice of the peace to attend at the trial. 

Should the party whose election is contested refuse or 
neglect to select a justice, as aforesaid, the justice chosen by 
the person contesting the election, as aforesaid, shall make 
such selection for him. 

The two justices so selected or chosen, shall make choice 
of a third justice ; and if they cannot agree upon a third 
justice to act with them, they shall make such selection by 
lot ; and the three justices, thus selected, or either of them, 
shall have power, and they are hereby authorized and re- 
quired, to issue subpoenas and such other process as may be 
necessary to secure the attendance, at such trial, of all per- 
sons whose testimony may be required by either party, in 
the same manner as is provided in other cases of proceed- 
ings before justices of the peace. 

^ 44. The said justices, or any one of them, shall, in all 
such cases, have power to issue subpcenas for witnesses to 
any county in this state, directed to the sheriff of such 
county, who shall make service and return as in other cases. 
And any witness, duly subpcened, refusing or neglecting to 
appear and testify, shall, in addition to the penalties other- 
wise imposed by law, forfeit and pay a fine of fifty dollars, 
to be recovered by action of debt, in any court having cog- 
nizance thereof, one half to the county and one half to the 
person suing for the same. 

§ 46. The said justices, or any one of them, may issue 
attachments for witnesses so neglecting or refusing to attend, 
who may be brought before them ; and at any time before 
the day for the decision of the question between the con- 
testing parties, the said justices shall, at the request of 



18 

either, after giving notice to the other party of five days, if 
resident in their county, or ten days if residing out of their 
county, proceed to take the testimony of such witnesses, to 
be used in the case. 

§ 46. If any justice of the peace, selected as aforesaid, 
to attend at the taking of the depositions, shall, without 
reasonable excuse, fail or reftise to attend at the time and 
place appointed, after having undertaken to attend, he shall 
furfeit and pay. a fine of fifty dollars, to be recovered by 
action of debt, in any court having cognizance thereof, one 
half to the county, and the other half to the person who 
will sue for the same. 

§ 47. The said justices shall hear and examine all the 
evidence offered on either side. 

If the contest be respecting any countv office, they shall 
decide which of the said candidates shall have been duly 
elected, and certify the same to the clerk of the county com- 
missioners' court of the proper county, who shall thereupon 
make out and deliver to the successful party a certificate of 
his election. If such contest be respecting a seat in the 
Senate or House of Representatives of this State, the said 
justices shall hear and reduce to writing all the testimony 
taken in the case, and certify and transmit the same, under 
seal, together with all other papers and documents pertain- 
ing to the case, to the speaker of the senate, or house of 
representatives, as the case may be. 

§ 48. No testimony shall be heard by the said justices 
on the part of the person contesting the election, which does 
not relate to the points specified in the notice. 

Such justices shall have power to appoint a clerk, and 
may adjourn from day to day, until their duties shall be 
completed. They shall have the same power to preserve 
order, and to punish disorders and contempts, as justices of 
the peace may exercise, when holding court. 

§ 49. In all contests for county offices, in which the ius- 
tices hearing the case are authorized to decide, they shall 
enter judgment on the docket of the justice last chosen, for 
all the costs of such contest, against the unsuccessfol party, 
upon which execution may issue as in other cases. Either 
party may appeal from the decision of such justices to the 
circuit court, as in other cases of appeal from the judgment 
of a justice of the peace, the decision of which court shall 
be final. 

§ 60. In all contests other than for county offices, the 
proceedings for taking testimony hereinbefore provided, may 
be had in each county in which it is necessary to take testi- 
mony, and the like returns shall, in each case, be made. 

In those cases. in which the justices examining do not de- 
cide the contest, they shall not be compelled to certify or 
transmit the testimony and documents pertaining to the case, 
until the reasonable costs of the examination and of certify- 



14 

ing the same, are tendered or paid ; and the party who is 
finally successful shall be liable for such costs to the person 
who shall have paid the same. 

But if neither party shall require or cause such testimony 
and documents to be transmitted, then judgment may be 
entered, and execution had, as before provided, against the 
party at whose instance such examination was instituted. 
ModeofeiMUon § 51- I^ ^11 clcctions by the general assembly, or by 
»>y *»»« J Kette»i either house thereof, (elections of justices of the supreme 
""*" '' court and judges of inferior courts excepted,) the members 
shall vote viva voce^ and their votes shall be entered upon 
the journals. Elections by joint vote of the two houses, 
shall be made in the hall of the house of representatives, at 
such time as shall have been previously appointed by joint 
resolution of the two houses ; and at all such joint meetings 
the speaker of the house of representatives shall preside. 
Elections of justices of the supreme court and judges of in- 
ferior courts, shall be made by joint ballot of both houses, 
in the hall of the house of representatives, the speaker of 
which shall appoint a member of each house to act as tellers. 
No person shall be declared duly elected by the general as-^ 
semoly, or either branch thereof, until he shall have re- 
ceived a majority of all the votes given, blank votes in- 
cluded. 
Betung on eiec § 52. If any persou shall, at any time hereafter, bet or 
**oo«- wager any money, property or other valuable thing, upon the 

result of any election which may be held under t£e constitu- 
tion or laws of this state, or shall bet or wager money, 
property or other valuable thing, upon the num«ber of votes 
which may be given to any one or more persons, at any 
election held, as aforesaid, or upon who will receive the 
greatest number of votes at any such election ; or, if any 
person shall agree to pav to any other person, any money, 
property or other valuable thing, ia the event that any elec- 
tion, as aforesaid, shall result in one way, or in the event 
that any one or more persons shall or sh»l not be elected, 
or shall receive a greater number of votes, than others, such 
person shall be liable to indictment, and, upon conviction 
thereof, shall be fined in any sum not exceeding one thou- 
sand dollars. 

§ 5S. It shall not be necessary to the commission of the 
offense specified in the foregoing section, that the money, 
property, or valuable thing bet or wagered, shall be exhibited 
or staked at the time of making such bet or wager, or at any 
other time. 
Apfbovbd March 3^ 184&. 



15 

AMENBATOBY AOT, ESTABLISHIKa THE BALLOT SYSTEM, AND 
AJiAFTUSO THE ELEOTIOKS TO THE NEW OONSTITUTION. 

[SMiion Lam, Ftbruary 12, 1849, Paff« 11.] 

Section 1. That there shall be elected by general ticket, "SSufrl"** 
on the Tuesday next after the first Monday in November, 

S receding the expiration of the term of ofiice of each presi- 
ent of the United States, as many electors of president and 
vice president of the United States as this state may be en- 
titled to elect ; which election shall be conducted, and re- 
turns thereof made,- as hereinafter provided : 

Provided^ that if congress should hereafter fix a different ProTi». 
dav for such election, then the election for electors shall be 
held on such day as shall be named by act of congress. 

§ 2. All general elections for the election of governor, ^fBtlL'offlccS 
lieutenant governor, secretary of state, auditor of public ac- 
counts, state treasurer, representatives to congress, senators 
and representatives to tne general assembly and county 
officers, shall be held on the Tuesday next, after the first 
Monday in November, biennially, except for such oflScers as 
are directed to be chosen at otner times than biennially ; 
which elections shall be conducted as is directed by this act 
and the act to which this is an amendment. 

§ 8. That an election shall be held in this state on the iieetfon for 
first Monday of June, eighteen hundred and fifty-two, and p-tS court.'"' 
every ninth vear thereafter, for one judge of the supreme 
court, from the first grand (Uvision ; on the first Monday of 
June, eighteen hundred and fifty-five, and every ninth year 
thereafter, for one judge of the supreme court from the third 
CTand division ; and on the first Monday of June, eighteen 
hundred and fifty-eight, and every nintii year thereafter, for 
one judge of the supreme court from the second grand di- 
vision ; and the present judges of the supreme court shall 
respectively hold their offices till the time fixed by this sec- 
tion for an election of a judge from the division for which 
such judge may have been elected. 

§ i That on the first Monday of June, one thousand, '5[^^?^,S^**' 
eight hundred and fifty-five, and every sixth year thereafter, 
an election shall beheld in each judicial circuit, for the elec- 
tion of a judge for such circuit : 

Proviaedy that whenever an additional judicial circuit ^w^***- 
shall he created, the first election for a judge for such circuit 
shall be held at such time as the law creating such circuit 
shall direct, but whose term of office shall expire at the time 
fixed for the next regular election of judges for the judicial 
circuits of this state. 

§ 6. That in case of any vacancy in the office of judge of ^^J^'P'^^^' 
the supreme or circuit courts of this state, within one year 
of the time fixed by this act for an election of such judge, it 
shall be the duty of the governor to appoint a judge to fill 
Buch vacancy, who shall hold his office tul the time fixed by 



16 

this act for the election of judges for such court ; but if any 
vacancy shall occcur more than one year previous to the 
time fixed by this act for the election of such judge, it shall 
be the duty of the governor to issue writs of election to the 
several counties that may be entitled by law to vote for finch 
judge, fixing the time for the holding of said election, and 
requiring said sheriifs to give twenty days' notice of the 
time and place of holding said elections ; which elections 
shall be conducted in the same nmnner as if the election of 
such judge had taken place at the regular time fixed by law. 
proeeedinn la § 6. In casc the right of any person claiming to be elect- 
SonJj **** ed a judge of the supreme or circuit court shall be contested, 
the contest shall be conducted and the evidence taken in the 
same manner now provided by law for contesting the election 
of members of the general assembly, and the evidence when 
taken, if it relate to the election of a judge of the supreme 
court, it shall be transmitted to the speaker of the senate; 
and if it relate to a judge of the circuit court, it shall be 
transmitted to the clerk of the supreme court of the grand 
division in which a sitting of the supreme court is first di- 
rected to be held after sucn contest shall have commenced. 
vacftBdeB, iiow § 7. In casc of any vacancy in the office of clerk of the 
filled. circuit court, it shall be the duty of the judge of said court 

to appoint a clerk, who shall hold his ofiice until the next 
regular election for county officers or members of the gen- 
eral assembly, whichever may first happen, at which election 
such vacancy shall be filled ; and in case of a vacancy in 
the office of clerk in the supreme court in either of the grand 
divisions, the judges of the supreme court shall appoint a 
clerk, who shall hold his office until the time fixed oy the 
constitution for the election of such clerk ; and in case of a 
vacancy in the office of states' attorney, the governor shall 
appoint a states' attorney to fill such vacancy, who shall 
hold his office until the time fixed by the constitution for the 
election of states' attorneys ; and in case of a vacancy in 
either of the offices of auditor, treasurer or secretary of 
state, the governor shall fill any such vacancy until the time 
fixed by the constitution for an election to fill such vacancy. 
§ 8. The election of states' attorneys and clerks of the 
supreme court may be contested in the same manner as is 
provided for contesting the rights of ludges of the drcuit 
courts ; and the election of clerks of the circuit courts may 
be contested in the manner provided for contesting the 
election of county officers. 

Provided^ any person whose election is proposed to be 
contested, shall be released from cost of such contested elec- 
tion by refusing to receive a certifioate of the derk of the 
county court of his election. 
Retnraff, h«w § 9* Betums of the election of judges of the supreme 
"»**• court and circuit courts, secretary of state, auditor, treasurer, 

states' attorneys, and clerks of the supreme court, shall be 



17 

made and canvassed as is now provided by law for repre^ 
sentatives in confess. Eetums for clerks of the circuit 
court shall be made and canvassed as is now provided for 
other county officers. 

§ 10. At any and all elections held in this state every oiuufleauons of 
wlute nude citizen, above the age of twenty-one years, hav- *^®**^ 
ing resided in this state one year next preceding any elec- 
tion, and every white male inhabitant oi the age sforesaid, 
who was a resident of this state on the first day of April, in 
the year of our Lord one thousand eight han(&ed ana ferty> 
eight, shall be entitled to vote at anj^ election ; but no per- 
son snail be entitled to vote except m the prednct, place or 
township where a poll shall be held, in wmch he sludl actu- 
ally reside at the tmie of such election : 

Provided^ that when any such person shall offer his vote, ftotIio. 
and either of the judges of the election shall suspect that 
such person is not a qualified voter, or if his vote shall be 
challenged by any elector, the judge of the election shall 
tender to such person the following oath or affirmation : 




of this 

resided Herein ooe year preceaioff ttUBeiection, or mat jou was an innaoitantor 
thia state on the first daj of Apni, in the jear of onr Lord one thousand eight 
hundred and forty-eight;; that yon are aboYO the age of twenty-one year^ and 
that yon have not voted at this election. So help yon Qod. 

Every vote offered bv any person who shall refuse to take 
the foregoing oath shall be rejected. 

§ 11. That the county court, or the board doing x^ountj Bank forms to 
business in each of the several counties in this state, at their **p«^^*«^* 
fijret meeting in each and every year, shall cause a suitable 
nnmber of blank forms of poll books and election returns 
to be made out (headed ana certified as the nature of the 
case may be) for each board of elections, in each precinct, 
township or place ; which they shall cause to be delivered into 
the hands of the sheriffs respectively of said counties, whose 
duty it shall be to deliver them to the judges or boards of 
election, at least ten days previous to the etection then to be 
held. 

§ 12. Each qualified voter may Vote once. and no more ; Bestvietions. 
and if any person shall attempt to vote more than once, or 
to hand in two or more tickets folded together, every person 
so offending shall be liable to indictment, and, on convic- 
tion, shall be fined in any sum not exceeding fifty dollars. 

§ 13. Every ticket handed in fihall contain the name of FtormofTotes. 
every candidate such voter intends voting for, either in wri- 
ting or print, designating the office to wmch he wishes each 
to be elected ; and if move persons are designated for any 
office than there are candidates to be elected, such part of 
the ticket shall not be counted for either of theni, out no ^ 

vote shall be rejected for the want t>f form, if the judges or 
board of election can determine therefrom, to their Batis&c- 

—3 



Bftllot bozei. 



18 

tion, tlie person voted for, and the office which the Toter in- 
tetided such person should iilL 

§ 14. That the county court, or board doing business, 
shall provide a sufficient nun^er of ballot boxes, at the ex- 

hdw kept. pense of the county, for the several boards or judges of 
election, to be kept by one of the judges or boara, and 
to be delivered over to the successors of such judges or 
board, each of which said ballot boxes shall be furnished 
with a sufficient lock and key, and before any ballot shall 
have been deposited therein, the same shall be publicly 
opened and exhibited, to the end that the judges and clerl^ 
assisting at every election, may see that no baUot is in said 
box, after which the same shaJl be locked, and the key de- 
livered over to one of the judges or board of election, and 
shall not be opened during the said election, except in the 
manner and for the purpose herein provided. 

An opening shall be made in the top or lid of each of such 
ballot boxes, not larger than shall be sufficient to admit of a 
single closed ballot to be inserted therein at one time, 
through which each ballot received shall be inserted. 

Method of vot- § 15. The method of voting shall be by ballot, which 

*°** ballot shall be folded by the voter and delivered to one of 

the judges or board of election, who shall, without unfold- 
ing or opening the same in any manner, deposit the said 
bsmot in said ballot box. 

proTiBo. Provided^ that no ballot shall be received or counted, un- 

less the same is written or printed upon white paper, with- 
out any marks or figures thereon intended to distinguish one 
ballot from another. 

^»nd jSdg^"*" § 1^- ^^^ ^^^^ ^^ *^^® election shall keep a poll list, 
which shall contain one colunm, headed "names of voters." 
The name of each elector voting shall be entered by each 
clerk, in regular succession, under the said heading in his 
poll list. At each adjournment of the polls, and upon the 
final closing of the same, the clerks shall, in the presence of 
the judges or board of election, compare their respective 
poll lists, and correct all mistakes that may be discovered, 
according to the decisions of the judges or board of election, 
until such poll lists shall be made to correspond in all 
respects ; the ballot box shall then be opened and the said 
poll lists placed therein ; the box shall then again be locked, 
and the seal of one or more of the judges shful be so placed 
thereon as entirely to cover the opening in the lid or top of 
said box ; the key of said box shall then be deliverea to 
one of the judges or board of election, and the box to an- 
other ; the judge having the key shall keep the same in his 
own possession, and deliver it again to the board at the next 
opening of the poll ; the judge naving the box shall care- 
fully keep it, without opening it or permitting it to be 
opened, or the seal thereof to be broken or removed, and 



19 

ehall publicly deliver it, in that condition, to the board at 
the next opening of the polls. 

§ 17. As soon as the polls at any election shall have votes, h*w can- 
finally closed, the judges, or board and clerks, may adjourn ^*'^' 
the counting and canvassing of the votes to some con- 
venient hour of the next ensuing day, at which timfi they 
shall proceed to canvass the votes polled, by first counting 
the wnole number of ballots in the box ; if the ballots shall 
be found to exceed the number of names entered on each 
of the poll lists, they shall be replaced in the box, and one 
of the judges shall publicly draw out and destroy so many 
ballots, unopened, as shafi be equal to such excess, and, 
the ballots or txdl lists agreeing, or being made to agre©y 
the board shall proceed to count and estimate and puUtiBh. 
the votes, 

§ 18. As the judges or board of election shall open wd^'^^^^Jf*^^ 
read the tickets, each clerk shall carefully mark down the ©r.^* "^"^ 
votes each candidate shall receive, in separate columns, pre- 
pared for that purpose, with the name of such candidatQ at 
the head of such column, and the office or place it is de- 
signed by the voters such candidate shall nil ; but i^ on 
such canvassing, two tickets shall be found deceitfully, folded 
together they shall both be rejected as if the same had never 
been deposited in the ballot box. 

§ 19. As soon as all the votes shall have been read off certinoates. 
and coxmted, the judges or board of election, shall make out 
a certificate, under their hands, stating the number of votes 
each candidate received, designating the office for which 
such person received such vote or votes, as is prescribed and 
directed by the twenty-third section of the thirty-seventh 
chapter of the Revised Statutes, entitled "Elections;" and 
the said certificate, together with one of the lists of voters 
and one of the tally |)apers, shall be put into the hands of one 
of the iudges or board of election, who shall, within four days 
thereafter, deliver the same to the clerk of the county court or 
his deputy, at the county seat, or place of holding county 
courts ; and when received, such clerk or deputy shall pro- 
ceed to open, canvass and publish the return from each 
precinct, township or place, as is now provided by law. 

§ 20. If any judge or the judges of any election shall pwuhj for re- 
refuse to receive the vote of any qualified elector who shall *^^^' 
take, or offer to take, the oath prescribed by this act, in such 
case every judge, so refusing or neglecting to receive the 
vote or ballot, or opening or unfolding such ballot, when the 
same shall be presented, shall be liable to be indicted, and, 
on conviction, shall be fined five hundred dollars, and im- 
prisoned not exceeding thirty days ; and for every refusal 
or neglect to receive such vote, the party aggrieved may 
have an action on the case against the saia judge or judges ; 
the damans in such case shall not exceed the sum of five 
hundred dollars. 



20 

BectioM repeal- § 2L SectioDS One, 8ix, fifteen, sixteen, eighteen, twenty- 
«*• four and thirty-nine of cliapter thirty-seven of the Revised 

Statutes, entitled "Elections," approved March third, 1845, 
fihall be, and the same is hereby repealed ; and such sections 
of said act as are not herein repealed, shall remain in full 
force and effect. 



Jadges of elee- 
tion Inereaaed. 



Restriction. 



AMEin>ATOBY ACT. 
l8e9»ion Lmn, February 28, 1847, Pag$ 49, Section 1.] 

That the seventh section of the thirty-seventh chapter of 
the Revised Statutes of a. d* one thousand eight hundred 
and Ibrty-five, be, and the same is hereby, so amended as to 
ffive the county commissioners of the several counties in 
tnis state power and authority to establish more than one 
set of judges of election in such precincts in their respective 
counties when, in their opinion, the same may be necessary 
for the purpose of receiving votes at all general or special 
elections ; and the said coxmty commissioners may appoint 
as many sets of judges of election, in any precinct in their 
counties, as, in their judgment, may be necessary for the 
convenience of the voters. 

Provided^ they shall not establish more than one set of 
judges of election in any precinct where less than three 
hundred votes are usually polled at a general election. 



Duty of clerk 



VA0AW0IE8 IN CEBTAIN COUNTY OFFIOBS, HOW FILLED. 
[Benion Zawt^ Nwrnvhtr 6, 1849, Pixge 8, BeeiMm 1.] 

That whenever a vacancy shall happen in the office of 
sheriff, county surveyor or coroner ol any county of this 
state, by death, resignation or removal of any incumbent, it 
shall be the duty of the clerk of the county court of such 
countv immediately to notify the governor of that fact, and 
ooTernor to ii- it shall be the duty of the governor to issue a writ of election 
sae writ. ^ £^ g^^j^ vacaucy, and direct the time of holding the same ; 
which election shall be proceeded in as in other cases of 
election. 



In force leb. fl, 
1801. 



AN ACT TO PEEVENT ILLEGAL VOTING AT ELECTIONS. 



Section 1. Be U enacted hy the People of the State of 
Illinois^ re^eaented in the General Assembly j That to con- 
viaea tod pen- stitute residence, under the election laws of this state, a per- 
son shall have resided in the election precinct or district foj 
the term of sixty days ; and no person shall be entitled to 



• 21 

YOte at any election under the laws of this state, excepting 
under charters for cities or incorporated towns, unless he shall 
have actually and in good faith resided in the election pre- 
cinct or district in which he offers his vote, for sixty days 
immediately preceding such election ; any law of this state 
to the contrary notwithstanding. 

§ 2. Any person violating me provisions of this act shall 
be subject to all the fines, pen/dties and punishnoents that 
are now provided by law for illegal voting* 

§ 3. This act to take effect and be in force from and after 
its passage. 

Approved February 21y 1861, 



AN ACT to provide FOB ASOERTAINC^O THE QFALIFICATION OF inforc«Peb. 22, 
VOTERS AND TO PREVENT FRAUDULENT VOTING. ^^tt. 

Whereas the right of suffrage is the highest privilege of 
the citizen, and should be guarded with proper viguance 
against intrusion and fraud ; for the purpose, therefore, 
01 ascertaining the persons who may be entitled to vote 
at the several elections held under the laws of this state, 
and to prevent illegal voting thereat, 
SECTION 1. Be it enacted oy ths People of the StaM of 
niinois^ represented in ihs General AssemhUj^ That to con- B^iideiice de- 
stitute residence, under the constitution and election laws of ^^' 
this state, a permanent abode is necessary, and all elections, 
general or special, held in any town, city, district or ward, 
every person offering to vote, who is not personally known 
to the judges and inspectors of election to nave such permar 
nent abode, and to have resided in such election district for 
the space of sixty days, immediately preceding such election, 
shall, if liis vote be challenged, take the oath now required 
by law, and, in addition thereto, swear or affirm to his place 
of residence, specifying the particular place and house in which* 
he resides, and stating how long he has there resided, and 
his business or employment ; and if he has not resided in 
such house for sixty days immediately preceding such elec- 
tion he shall state where and in what house he has resided 
for the last sixty days ; and, in addition thereto, such voter, 
so challenged, shall be required to produce two witnesses, 
both of wnom are personally known to said judges of said 
election and resident in the precinct, district or ward, or 
shall be proved by some legal voter or voters of the precinct 
or district in which such vote is offered to be voted therein, 
who shall be known to said judges, and each of whom shall 
take the following oath, to be administered by one of the 
judges of said election : 



22 

Form of oath. " I do solemnly swear (or affirm, as the case may be,) that I am a resident of 

this election district and entitled to vote at this election, and that I have been a 
resident of this election district for one year last past, and that I am well ac« 
aaainted with the voter whose rote is now offered ; that he is an actual and bona 
fid€ resident of this election district, and that he hail resided in this state for one 
year last past." 

Dut of jad ea § ^' "^^ ^^^ j^^g® ^^ ^^7 election shall permit any voter 
0° eiecUoM.'** to vote, whose vote is bo cnallenged, without the proof re- 
quired in the first section of this act, or shall knowingly and 
willfully permit anv person to testify as a witness, contrary 
to the provisions of this act, he shall be deemed guilty of a 
high misdemeanor, and, on conviction thereof, shall be fined 
in the sum of one thousand dollars and imprisoned in the 
county jail for six months. 
Pttniahment for § 3. If any witncss or voter, whose vote is so challenged, 
j>erjury. anj swom uudcr the provisions of this act, shall, knowingly, 

willfully and corruptly swear lalsely, he shall be deemed 
guilty of perjury, and, on conviction thereof, imprisoned in 
tne penitentiary for any time not less than tliree nor more 
than twenty-one years, 
niegai vottng. § 4. If any person shall vote more than once at any elec- 
tion, held nnder the authority of the laws of this state, or 
shall vote at any such election, who is not a qualified voter at 
the place where he so votes, or shall offer to vote, after hav- 
ing once voted at such election, he shall, on conviction thereof, 
be confined in the penitentiary for any term not less than 
one or more than five years, 
indoriement of § ^» At all clcctious, general or special, in this state, 
Toter»Bimmie-. where the vote is by ballot, if the judges of elections are 
satisfied, under the provisions of this act and the other laws 
of this state relating to elections, that the person offering the 
vote is a leeal voter, he shall indorse on the back of the 
ticket oflered the number corresponding with the number of 
the voter on the poll book, and put said ticket immediately 
in the ballot box, and the clerks of the election shall enter 
the name of the voter and his number in the poll book. 

cioBine of the ^ ^' ^^ ^^ closc of the poUs the poU books shall be sign- 
poii books. ed by the judges and attested by the clerks ; the names 
therein contained shall then be counted, and the number set 
down at the foot of the poll books. 
prcwrTaUon of § '^' ^^ ^hc ballots countcd by the judges of election 
bauou. shall, after being read, be strung upon a strong thread or 

twine, in the order in winch they nave been reaa, and shall 
then be carefully enveloped and sealed up by the judges, who 
shall direct the same to the oflicer or ofiicers to whom by 
law they are required to return the poll books, and shall be 
delivered, together with said poll books, to said oflicer or 
oflicers, who shall carefully preserve said ballots for six 
months, and at the expiration of that time shall destroy 
them. And in all cases of contested election the parties con- 
testing the same shall have the right to have the said pack- 
age ot ballots opened, and said ballots referred to by wit- 
nesses for the purpose of such contest. But said ballots shall 



23 

only be so examined and referred to in the presence of the 
officer having the custody thereof. 

§ 8. The provisions of this act shall apply to all general ^"fSi^"^^?*' 
and special elections, hereafter held in this state, whether 
for general town, municipal or other oflScers ; aiid no person 
shall be considered, under any circumstances, as having a 
residence in any ward or election district or precinct, unless 
he shall have had a permanent abode therein for at least 
thirty days immediately preceding such election. 

§ 9. Ko liquor or other intoxicating drinks shall be sold "^eiJjtipn^SJJ* 
or given away, at retail, nor shall any bar-room or place where 
intoxicating liquors or drinks are sold at retail be opened upon 
such election day ; and it shall be the duty of the sheriff, 
constables, public officers and magistrates to see that the 
provisions of tliis section are enforced ; and any violation of 
its provisions shall be prosecuted and punishea in the same 
manner and to the same extent as the keeping of tippling 
houses open upon Sunday or the first day of the week is now 
punishea by law. 

§ 10. This act shall take effect and be in force from and 
after its passage. 

Appkoved February 22, 1861. 



AN ACT TO ENABLE THE QUALIFIED VOTERS OF THIS STATE, AB- In force Feb. 10, 

' ISAfi 

SENT THEREFROM IN THE MILITARY SERVICE OF THE UNITED 

STATES, IN THE ARMlT OR NAVY THEREOF, TO VOTE. 

Section 1. Be it enacted hy the People of the State of 
Ittmoie^ represented in the General Assembly^ In time of 
war, every elector of the state of Illinois, in the actual mili- *>w>««^^»" 
tary service of the United States, in the army or navy thereof, 
who shall be absent from the state of Illinois on the day of 
election, shall be entitled to vote at any election for state or 
county officers, held in this state, in the manner and form 
following : 

§ 2. Such absent elector shall, by an instrument execu- Attorney to Tote. 
ted by him not more than sixty days previous to any general 
or special election to be held in this state, authorize and em- 
power any elector of the town or city where the said absent 
elector shall reside on the day of saia election to cast for him 
his vote or ballot, in the manner prescribed by this act, for 
all officers for whom he would have a right to vote if he 
were present at such election. Said instrument shall be 
signed by such absent elector, attested by a subscribing wit- 
ness, ana sworn to before any field officer, captain, adjutant, 
or commandant of any company, or detachment on detached 
service of the United States, and commissioned as officers in 
the volunteer force of the state of Illinois, or the captain or 
commandant of any vessel in the naval service of the United 
_Stat6B| to which the said absent elector may belong or be 



24 • 

attached. And such officers are hereby duly' authorized to 
administer oaths for the purposes specified m this act,^ and 
the J shall attach to their signatures tneir official designations. 
Affldayitoretoe- § 3. The Said absent elector shall make and subscribe 
the following affidavit : 

" I, A. B., do solemnly swear (or aflirm) that I am a resident of the town, 

(city, ward orjprecinct, as the case may be,) of , in the county of . i . . . ., 

ki the state oflllinois ;: that I am a citisen of the state of Illinois, and hare re- 
sided therein for one year, next preceding the election to be held on the 

day of , 18. ., (or, as the case may oe, that I was an inhabitant of the stftte 

of Illinois on the first day of April, A. D. IMS.) That I am above the age of 



tor. 




tary (or naval) service of the United States^; that I am now a member of com- 
pany ...... of the .... regiment, (describing the organization to which he .Jie- 

ibngs,) now at or near ^ .in the state (or territory) of Sworn to 

andsubsoribed this .... day of . . • ., belbre me." 

Totes to be in- § ^- The Said absent elector in the service aforesaid shall 
^■ed and seal- prepare and fold the ballot or ballots he designs to cast at 
such election, and inclose the same, together with the in- 
strument in the second section of this act, [in] an envelope, 
duly sealed, having on the outside thereof, either written or 
printed, the affidavit prescribed in the third section of this 
act, sworn to and subscribed as therein required. The said 
envelope, prepared as aforesaid, shall be inclosed by him in 
another envelope, marked " soldier's vote," sealed and di- 
rected to the el^or empowered by the instrument described 
in the second section or this act to cast the ballot of said ab- 
sent elector ; and the said absent elector may the^ transmit 
the same to the person to whom it is directed, by maQ or 
otherwise. 

How vote to be § 5. Such cloctor, upon receiving such letter from such 
deposited. absent elector, may open the outer envelope thereof, but he 
shall not open the inner envelope thereof. On the day of 
such election, and between the opening and closing of the 
polls thereof, he shall deliver such inner envelope to the 
judge or inspector of elections of the proper election district 
andat the polls thereof; and if the name of the person sign- 
ing the affidavit on the outside of said envelope shall be 
found entered iipon the register of electors of such district, 
as a duly qualified voter therein, said envelope shall be by 
said judffes or inspectors publicly opened, and the votes or 
ballots therein contained shall be duly deposited in the ap- 
•propriate boxes, prepared to receive the oallots of voters. 
And the name of such absent voter shall be entered upon 
the poll lists, together with the name of the person deliver- 
ing the ballot at the polls. If such name shall not be found 
upon the register of electors of such district where such per- 
son claims to reside, such envelope shall not be opened un- 
less an affidavit be made by a householder of the district to 
the effect that he knows tnat said person, whose vote is so 

Envelope to be offered, is a resident of said district. If such affidavit be 

opened. made and delivered to the judges or inspectors, they shidl 



25 

open said envelope and deposit the votes or ballots therein 
contained as aforesaid ; and the name of the person so voting 
shall be entered upon the poll lists, together with the name 
of the person delivering the ballot at the polls. The ballots wb« Tote aot 
contained in any such inner envelope which shall have been 
opened or unsealed before the same shall have been laid be- 
fore the board ef judges or inspectors of elections, shall not 
be deposited in any ballot box at such election, but shall be 
rejected. 

§ 6. The affidavits and instruments described in the sec- 
ond and third sections of this act, and all envelopes contain- 
ing ** soldiers' votes'' not opened at such elections, shall be 
kept and filed by the judges or inspectors of elections, in the 
same manner and place as the poll lists of such elections are 
reauired by law to be kept and filed. 

§ 7. Every person who shall be totitled to receive any ^J^JJ?* ^ **• 
letter or envelope marked as herein provided, before he shall oihob. ^^^* 
take away the same, shall sign and deliver to the postmaster, 
or his deputy, or clerk, a receipt therefor, which receipt 
shall spedfy how many such letters or envelopes he has re- 
ceived, and otherwise, as &r as may be, sped]^ the particu- 
lars of the description thereof; and any willful omission to 
comply with the provisions of this section shall be adjudged 
a misdemeanor, and any person convicted thereof shall be 
pimished accordingly. 

§ 8. Any judge or inspector of election, and any elector MrfcmeMor, 
to whom said ballot shall be sent, who shall willftillv neglect ^^^ p«»*^«»- 
or refuse to perform any of the duties required of him by 
this act, or in any manner willfully violate 6r abuse any 
trust or duty hereby imposed on him, shall be deemed guilty 
of a misdemeanor, and, upon conviction, shall be punished 
by fine not less than two hundred and fifty dollars, and by 
imprisonment in the county lail not less than four months. 

§ 9. Every person who snail be guilty of willful and cor- rvinrj puudk- 
mpt HalBB sweanng or affirming, in taBn^ any oath or affirma- ^* 
tion prescribed by this act, shall be adjud^d guilty of willful 
and corrupt perjury ; and every person who shall, knowingly 
and willfiilly, make or si^ a false certificate to any instru- 
ment or affidavit authorized by this act, sh&ll be deemed 
guilty of felony, and punished by imprisonment in the peni- 
tentiary not less than one year, nor more than five years. 

§ 10. Every person who shall willfidly deliver or pre- f^rg«diMaiou 
sent to the judges or inspectors of elections under this act, 
any forged, altered or changed ballot, envelope or instru- 
ment, required or provided mr by this act, knowing the same 
to be so forged, altered or changed, or shall forge, alter or 
change, or cause to be procure<^ altered, forged or changed, 
or knowingly aid or assist in procuring or forwarding any 
forged, altered or changed ballot, envelope or instrument, 
required by the provisions of this act, shall be guilty of 
felony, and upon conviction, shall be punished by imprison- 



26 

ment in the penitentiary not less than one year, nor more 
than three years. 
Aetf appucabie. § 11. All provisions of the laws of this state relative to 
general or special elections, not inconsistent with any of the 
provisions oi this act, shall apply thereto. 
B>j^kJ>™»n* § 12. The secretary of state is hereby authorized and 
enre opee. required to prepare and have printed, the necessary blanks, 
forms and envelopes required to carry out the provisions of 
this act, and shall cause the affidavit required by the third 
section of this act to be printed in blank, upon proper en- 
velopes, to contain the instrument required dv tne second 
section of this act, and shall, at least two montns previous to 
any election for state or county officers, cause such blanks, 
forms, envelopes and copies ot this act to be forwarded to 
the several regiments from this state in the service of the 
United States, in the field, and to the several hospitals, posts 
and naval stations, in sufficient quantity to furnish one copy 
of each blank form, envelope, and copy of this act to each 
person in the actual military service of the United States, 
in the army or navy thereof, from this state, and absent 
therefrom. 

^rteriirVith § ^^' -^^y officer of this state, or of the United States, 
v° terf' °* ^ in the army or navy thereof, or any other person who shall, 
directly or indirectly, control, or attempt to conti'ol, any such 
enlisted elector, in the exercise of any of his rights under 
this act, by menace, bribery, fear of punishment, hope of 
reward, or any other corrupt or arbitrary measure, or resort 
whatever, or to annoy, injure, or otherwise punish any such 
officer or man, for the manner in which he may have exer- 
cised any such right, shaH be deemed guilty of an offense 
against the people of the state, which shall be punished as a 
misdemeanor, and for which he may be indicted and tried 
at any future time, when he may be found, within the limits 
of this state ; aud, upon conviction, he shall be imprisoned 
for a term not exceeding one year, and fined in a sum not 
exceeding one thousand dollars, and he shall also thence- 
forth be ineligible, after conviction thereof, to hold any office 
in this state. 

§ 14c. This act shall take effect and be in force from and 
after its passage. 

Appeovbd February 16, 1865. 



REGISTRY LAW. 



AN ACT FOa THE BEGI8TB Y OF ELE0T0E8 AND TO PREVENT In force Feb. 16, 

_ 1866. 

FEAUDULBNT VOTING. 

Secjtion 1. Be it enacted by the People of the State of 1 
lUinois^ rejpresented in the Oeneral Assemblj/y That the 
persons authorized by law, or appointed pursuant to any Boird of registry 
town or city ordinance, to act as judges or inspectors of 
elections in any town, city, or ward, or other election district 5 
or precinct in this state, (except the moderator of the town 
meetinof, in towns adopting township organization.) shall 
constitute a " board of registry " for their respective towns, 
cities, wards, districts or precincts, and shall meet on Tues- 
day, three weeks preceding any state, county, city or town 10 
election, (except " town meetings " in towns adopting the 
township organization law,) at nine o'clock a. m., ana pro- ^^ae?**"^ 
ceed to make a list, as hereinafter prescribed, of all persons 
qualified and entitled to vote at the ensuing election in the 
election district of which they are judges or inspectors ; 15 
which list, when completed, shall constitute and be known 
as the " register of electors " of said election district ; and 
said board may continue their 8es8ion,'for the purpose of 
making said list, two days, if necessary : Proviaed^ that at P'o^**®- 
the last election in said district, prior to said meeting, the ^^ 
number of votes cast in said district exceeded two hundred. 

§ 2. Said registers shall each contain a list of the per- 1 
sons so qualified and entitled to vote in said election district, Linof qualified 
alphabetically arranged, according to their respective sur- bJtSTor'dSi? 
names, so as to show, in one column, the name at full 
length, and in another column, in cities, the residence, by 5 
the number of the dwelling, if there be a number, and the Residenee of vo- 
name of the street or other location of the dwelling place 
of each person. It shall be the duty of said board to enter 
in said lists the names of all persons, residing in their elec- 
tion district, whose name appears on the poll list kept in 10 
said district at the last preceding election ; in cities the 
number of the dwelling and name of the street or other 
location, if the same shall be known to, or can be ascertained 
by such board ; and for this purpose, said board are author- 
ized to take from the oflice in wnich they are filed, the poll 15 
lists made and filed bv the judges or inspectors of such 



28 

district, at the election held next prior to the making of 

each register. In making said list, the board shall enter 

thereon, in addition to the names on the poll list, the names 

20 of all other persons who are well known to them to be elec- 

KaoMf BUtf^be tors in Said district ; and the names of all persons on the 

'*'*** *® poll list who have died or removed from the district shall 
be omitted from said register. The said board shall com- 
plete, as far as practicable, the said register on the day of 
25 their meeting, aforesaid, and shall make fonr copies thereof^ 

Copies of uit. and certify the register and each of the copies to be a true 
list of the voters in their district, so far as the same are 
known to them. . Within two days thereafter, the said origi- 
nal list, together with the list taken from the office, as afore- 
30 said, shall be filed by said board in the office of the town 
clerk of the town in which said election district may be ; 

uiu, where filed bat in conntics not adopting township organization said list 
shall be filed with the judges or inspectors of election of 
the proper district, or if such election district is in a 
35 city, then it shall be filed in the office of the city clerk 
of said city ; and one copy of said list shall be kept by 
each of said judges or inspectors, and carefully preserved 
by him for their use on the day or days hereinafter men- 
tioned, for the revision and correction of the same. One 
40 copy of said list shall, immediately after its completion 
be posted in some conspicuous place where the last preced- 
ing election in said district was held, and be accessible to 

Eieetoremayez. any clcctor who may desire to examine the same or make 

ool>7.* * °' copies thereof. Any person who shall take down, tear down 
45 or deface any list, so posted, shall be deemed guilty of mis- 
demeanor, and shall oe punished by a fine of fifty dollars, 
or by imprisonment in the county jail for the term of sixty 
days,, or by both fine and imprisonment. The board may, 
in their discretion, cause printed copies of said list to be 
50 posted up in such places as they may direct, and may cause 

"iSed'***'^ p»*>- the same to be published in some newspaper in the county 
in which such district is situated, at an expense not exceed- 
ing one cent for each name on said list. 
1 § 3. In case a new election district shall be formed by 

When new dii- the Organization of a new town, or by the division of any 

trtet uforaed. ^^^ ^^ ward. Or the incorporation of a city or town, the 
judges or inspectors of die election in the new district thus 
5 formed, may make their registry of electors on the day pre- 
scribed by this act, in such manner as a majority of them 
may direct, and for that purpose may make a list, or cause 
to be made, a certified copv of the poll list or lists of the 
districts in which such new district is situated, or they may 
10 dispense with such list or lists, and proceed to make a regis* 

^'ected^*^'^ *»'• ter of electors from the best means at their command. Said| 
lists shall only embrace the names of such persons as are^ 
known to them to be doctors in their district, and shall be 
posted up and copies thereof made, as prescribed in the 



29 

preceding section, and ehall bo corrected in the same man- 15 
ner that other lists are corrected. 

§ 4r. The said board shall again n[ieet on Taesday of the 1 
week preceding the said elections, in their respective elec- Reviiioiiofu«u. 
tion districts, at the place designated for holding the polls 
of the election, for the purpose of revising, correcting, and 
completing said lists, and for this purpose in citi^, thej 
shall meet at eight o'clock in the morning, and remain in 5 
session until nine o'clock p. m. of that day, and the day fol- 
lowing ; and in other districts they shall meet at nine o'clock 
in the morning and remain in session until four o'clock, p. 
M. of that day. 

§ 5. The proceedings of said board shall be open, and 1 
all persons residing and entitled to vote in said district, shall ^J® o^?'* ^ 
be entitled to be heard by said board in relation to correc- 
tions or additions to said register. One of the lists so kept 
by the judges or inspectors, as aforesaid, shall be used by 5 
them, on the day or days of making corrections or additions, 
for the purpose of completing the registry for such district. 

§ 6. It shall be the duty of said board, at their meeting 1 
for revising and correcting said lists, to erase therefrom the when mmM 
name of any person inserted therein, who shall be proved "'^ ^ *'*'*^ 
by the oath of two legal voters of said district, to the satis- 
faction of said board, to be non-resident of said district, or 5 
otherwise not entitled to vote, in said district, at the election 
then next to be held. Any elector residing in said district, 
and entitled to vote therein, may appear before said board 
and require his name to be recorded on said alphabetical 
list Any person so requiring his name to be so entered on 10 
said h'sts, shall make the same statement as to the street and 
number thereof, and where he resides, required by the pro- 
visions of this act of persons offering their votes at elections, 
and shall be subject to the same penalties for refusing to ^to!!^^i2!'^^ 
give such information, or for falsely giving the same, and 15 
shall also be subject to chsdlenge, eiuier by the judges or 
inspectors, or either of them, or by any other elector whose 
name a^ppears on said alphabetical! list; and the same oaths 
may be administered by the judges or inspectors as now 
provided in case of persons offermg to vote at an election ; 20 
and in case no challenge is made of any person req^niring 
his name to be entered on said alphabetical list, or m case 
of challenge, if suoh person shall make oath that would *^^ ST^oaSS 
entitle him to vote in case of challenge At an election, then of appUMnt. 
the name of any such pei^on shall be added to the alpha- 25 
betical poll list of the last preceding year. 

§ 7. After said lists shall have been fully completed, the 1 
said board shall, within three dave thereafter, cause four "^^^ ^^^^^ 
copies of the same to be made, each of which shall be certi- 
fied by them to be a correct list of the voters of their dis- 
trict ; one of which shall be filed in the office of the town 5 
clerk of towns, and in the office of city clerks in cities ; and where med. 



80 

one of which copies shall be delirered to each of said ladges 
or inspectors. It shall be the daty of the said judges or 
inspectors so receiving such lists, carefully to preserve the 

10 said lists for their use on election day, and to designate two 

of their number, at the opening of the polls, to check the 

name of every voter voting in such district whose name is 

When Yote ihaii ou the register. No vote shall be received at any state, 

berejeeted. county,'town or city election in this state, except at town 

15 meetings in towns aaopting the township organization law, 
if the name of the person offering to vote be not on the said 
register, made on the Tuesday or Wednesday preceding the 
election, unless the person offering to vote shall furnish to 
the judges of the election his affidavit, in writing, statins 

20 therein that he is an inhabitant of said district and entitled 
to vote therein at such election, and prove by the oath of a 
householder and registered voter of the district in which he 
offers his vote, that he knows such person to be an inhabi- 
tant of the district, and if, in any city, giving the residence 

25 of such person within said district. The oath may be 

Oath of apgtt- administered by one of the judges or inspectors of the eleo- 

cant to be . ^.^^^ ^^ ^j^^ ^^^j whoro the voto shall be offered, or by any 

other person authorized to administer oaths, but no person 
shall be authorized to receive compensation for admin- 

80 istering the oath. Said oath shall be preserved* and filed 
in the office of the town or city clerk, or in case there be no 
clerk, then said oath shall be nled with and preserved by 
the judges or inspectors of the proper distiict. Any person 
may [be] challenged, and the same oaths shall be put as now 
are or hereafter may be prescribed by law. 
1 § 8. The clerks at each poll, in addition to the duties 
now prescribed by law, shall enter on the poll list, kept by 
them, in columns prepared for that purpose, opposite the 
name of each person voting, the same statement or minute 
5 as hereinbefore required of the board in making the regis- 
try ; but such entry is not to be made by them if the regis- 
try contains correctly the name and residence of such Tot^r ; 
and in all cases said clerk shall enter in a column opposite 
the name of each person not registered, the words " not 

10 registered." In cities, every elector, at the time of offering 

Where name of his vote, shall truly State the street in which he resides, and 

Sc!id!°***"** if ^^® house, .lodging or tenement in which he resides is 

numbered, the number thereof. And the clerks of the polla, 

in case the name of -such elector is not registered, shall truly 

15 enter in the appropriate column of the poll list, opposite the 
name of the elector, the street in t^hich the elector resides, 
and the number, in case the house, lodging or tenement is 
numbered ; and if the same is not numbered, then the clerk 
shall enter '' not numbered " in the column of the poll list 

20 for entering the number. In case of refusal to make the 

When Tote Aaii statement as aforesaid, the vote of such an elector shall not 

be received. Any person who shall willfully make any false 



81 

Statement in relation thereto, shall be deemed guilty of mis^ '-h^^JSfSd 
demeanor, and shall, upon conviction, be punished with a 
fine of fifty dollars, or by imprisonment in the county jail 26 
in the county for a period of ten days, or by both such line 
and imprisonment. 

§ 9. After the canvd^s of the votes, one of said poll lists 1 
and said register so kept and diecked as aforesaid, shall be ^^2^,^ nied!****' 
attached together, and shall, on the following day, b^ filed 
in the town or city clerk's office (as the ease may be^ in 
which said district may be, or in case there be no such clerk 5 
then such poll lists ana register shall be filed with and pre- 
served by the judges or inspectors, to be used by the board 
of re^stry in making the list of voters at the next election ; 
the omer of said poUlists and registers, so kept and checked, 
(except in town and city elections,) shall be returned to the 10 
office of the county clerk of the connty in which said dis- 
trict may be, at the same time the returns of the election 
are made. 

§ 10. The said board, may, if necessary, on the day or 1 
days of the making and of the corrections of such lists, ap- ^JSSc'uwk.*'*' 
point a clerk to assist them in the discharge of their duties 
required by this act ; and the same oath snail be taken by 
such clerk as is required by law of clerks of the polls or of 5 
elections. 

§ 11. The registers shall at all times be open to public "S^iSSi'ction*" 
inspection, at the ofiice of the authorities in which they shall 
be deposited, without charge. 

§ 12. The members of we board of registration and their 1 
clerks shall each receive the same compensation as is now ^^J^ oierk?"* 
allowed bv law for judges or inspectors of elections, for each 
day actually employed in the making and completion of the 
r^stry, \ o be paid to them at the time and in the manner 5 
in which they are paid their other fees. 

§ 13. The said board shall have and exercise the same 1 
power in preserving order at their meetings, nnder this act, ^©wers of board 
as are given to judges or inspectors of elections for preserv- 
ing order on election days ; and vacancies in said board shall 
be filled in the same manner that vacancies are now filled 5 
at elections. 

§ 14. Any person who shall cause his name to be regis- 1 
tered in more tnan one election district, or who shdl cause ijoirfanent for 
his name to be registered, knowing that he is not a qualified traUoL 
voter in the district where said registry is made, or who shall 
falsely personate any registered voter ; and any person 5 
causing, aiding or abetting any person, in any manner, in 
either cf said acts, shall oe punished for each and every 
' offense, by imprisonment in the state prison for not less than 
one year. All intentional false swearing before said board 
of registration shall be deemed willful and corrupt perjury, 10 
and, on conviction, punished as such. If any member or ^^"^i'j^ijj" 
officer of said board shall willfully violate any of the provi- pSniah^.' 



32 

sions of this act, or be guilty of any fraud in the execution 

' of the duties of his office, he shall be punished for each and 

15 every offense by imprisonment in ^ the state prison for not 

less than one year. 
1 § 15. An act entitled *^An act to prevent illegal voting 
Aete amended. ^^ elcctious,'* approved February 21, 1861, and an act enti- 
ded *^Ah act to provide for ascertaining the qualification of 
voters, and to prevent fraudulent voting," approved Febru- 
5 ary 22, 1861, be and the same are hereby amended by strik- 
ing out the words ^^ gixty da/ys " in said acts wherever the 
same occur, and inserting in the place thereof, the words 
" thirty days.^^ 
1 § 16. Section five of an act entitled '^ An act to provide 
^2Jid' »«* for ascertaining the qualifications of voters, and to prevent 
***" fraudulent voting," approved February 22, 1861, shall be 

construed so as to require the number to be indorsed by the 

5 judges or inspectors of election on every ballot cast, and in 
all elections, general or special, in pursuance of any law of 
this state. After the opening of the polls no adjournment 
shall be had, nor shall any recess be taken until ail the votes 
cast at such election shall have been counted and the result 

10 publicly announced : jFVot^u^et^, that judges and inspectors 

Pay of Judges, of elections shall each be allowed the sum of two dollars for 

each and every day's service by them pertbrmed under the 

requirements of this act 

1 § 17. The secretary of state shall cause this law to be 

^b?iS«etSj*of priiited in pamphlet form, with suitable forms and instruc- 

•te^- tions for carrying it into effect, together with the general 

election law of the state, and a sufficient number of copies 

6 thereof sent to each county derk in every county in this 
state to supply each of the officers named in this act with a 
cop V. And it shall be the dutv of each of said clerks to im- 
mediately transmit a copv of the same to each of the judges 
or inspectors of election m his county. 

1 § 16. The necessary blanks for making the registers re- 
qdired by law shall be prepared by the secretary of state, 
and transmitted to the persons entitled to receive them, in 
* the same manner that blank returns of elections iu-e now 

6 transmitted. 

1 § 19. Nothing contained in this act shall be construed in 
Soldiers to rote, any manner to affect the provisions of any act that has been 
or may be passed at the present session of the general as- 
sembly, to enable the qualified electors of this state, absent 
5 therefrom, in the military service of the United Stales, in 
the army or navy thereof, to vote. 
§ 20. This act shall be in force from and after its pas- 
I sage. 

i Appbovkd February 15, 1865. 



INSTRUCTIONS, 



DUTIES OF JUDGES, (ok "iNSPBoroBfl,") 

TLe three judges of election (appointed by tlifi connty court ov 
constituted, by law, in counties now under township organizf^tion,) 
are made a " Boabd of Registry," respectively, at each poll in each 
precinct or ward. 

rr 18 THEIB DUTY, 

Jftrst: To meet on Tuesday, throe weeks before any election, 
at nine o'clock, a. m. {See section 1, Imea 9 to 13.) 

To obtain from the office of the county clerk the << poll lists," **of 
such precinct" or poll, "made and filed at the last election held 
in said precinct." {See section 2, lines 14 to 16.) 

To appoint a clerk, if necessary, and cause him to take the oatli 
required by the statute for clerks of election. {See section 10.) 

To preserre order at their meetings, as prescribed in section 21 
of Election Law of 1845, page 7. {See section 13, lines 1 to 4.) 

Second : To make from the " poll lists " a " Register of Vo» 
ters," which shall contain the names (alphabetically arranged) of 
each and every known voter now living in said precinct and en- 
titled to vote at said poll. Said "Register" to be completed in 
ONE day, where the number of votes given at the last election was 
not more than two hundred (200,) and to be completed, inclnding 
four (4) copies thereof, in two (2) days, in every other case, {See 
section 1, lines 19 to 21.) 

To certify, in writing, upon each, that it is a "true li»t of the vo- 
ters, in their ^rednct, entitled to vote at their poll, so far as known 
to them." {See section 2, Unes 24 to 28.) 

ITurd : Within two (2) days after completion [before Friday 
night] — 

To leave with the clerk of the township, village or dty, where 
such exist, the " poll lists," taken from the o£ice of the county 
—8 



■.r 
1 



2A 

Clerk, and the " original RegiBter of Voters ;" and in precincts 
wliero there is no clerk of township, village or city, to leave the 
said "poll lists" and the ^'original Register" with one of the 
"judges of election." 

To keep carefully, each, one copy of the " Register of Voters." 
{See section 2, liries 28 to 35.) [Tfiis wiU in saine cases give one of 
tlie judges the original and one copy of the " Register " afvd tlie 
''poU lists:'] 

To post up in the most public and proper place, in the precinct, 
poll district, or ward, one copy of the " Register of Voters," so 
that any voter may examine it. [7X« fine for teari7ig, defacing, 
altering or taking down this copy is fifty dollars ($50,) and im- 
prisonment sixty (60) days.] 

Fourth: To meet again on Tuesday, the next before the elec- 
tion, at eight o'clock a. m., at their respective polls, and publicly 
make all necessary corrections and additions to onb of the* copies 
of the " Register of Voters." (See sections 4 and 5.) [Said cor- 
rections and the manner of mjobking them are distinctly set forth in 
section 6, lines 1 to 7, and lines 10 to 13.] But no name can be 
added, except upon the demand of the person himself, and then 
only after his making a trjie statement of where he lives, name of 
street, if in a city, and number of house, if numbered. 

To prevent, as far as possible, in their power and knowledge, all 
and every fraudulent registry of any and every name ; all and 
every duplicate registry of the same name to the same person, and 
all and every attempt at such frauds. {See section 6, lines 15 to 
18, and section 14, lines 5 to 9,) [The penalty for frauds of this 
kind is imprisonment for one teas.] {See section 14, lines 1^9, 
(Un/d section 6, lines 14 and 15.) 

xo preserve order at their meetings, as prescribed in section 21 
Qf £lectioii Law of 1845, page 7. {See section 18, lines 1 to 4.) 

Fifth: Within three (3) days after the completion of the oor- 
rected " Register of Voters," to make (or have made) four (4) 
copies of the corrected "Register;" to certify, ii\. writing, upon 
each copy, that "it is a correct list of the voters of their precinct 
(or ward) at their poll." 

To leave one of said " correct lists'' with the town clerk, in 
counties with township organization, with the city clerk, or clerk 
of the Village, where such corporfttions exist; with the county clerk 
where such do not exist, 



J 



85 

To retain one copy, each, for hiB own use *^ on election day,^' and 
carefully preserve it, without blot, erasure or change. {See section 
7, lines 1 to 9.) 

Sixth: On " election day," before opening the polls — 

To fill any vacancy which may be, or occur, in their number, 
(three) as prescribed in section 11 of Election Laws of 1845, page 
5. {See section 13, Unes 4 and 5.) [There mmt in cUl cases be 
three ^^ Judges of election " — inspectors.'\ 

To select two of the judges, who shall ^^ chech^^^ each on his 6wn 
register, the name of each and every voter, immediately, when he 
has voted. {See section 7, lines 10 to 13») 

To mark upon each and every ballot its number, the same as 
shall be kept by the '^ clerks of election," and before depositing it in 
the box. {See Election Zaw of 1861^ page 22, 4Md section 16, lines 
4 and 5.) 

To preserve order at the polls, as prescribed in section 21 of 
Election Law of 1845, page 7. {See section 13, lines 1 to 4.) 

To remain, at the polls, " without adjournment or recess^^^ until 
all the ballots cast shall have been counted, and the number of bal- 
lots ^'publicly announced." {See section 16, Unes 7 ^10.) 

To reject every Vote offered by any person whose name is not 
upon the " Corrected Register " until he " shall furnish, in writhxg^ 
his affidavit that he is an inhabitant of said precinct, that he is en- 
titled to vote at said poll ;" and until he shall " prove by the oath 
of a householder," " who shall be a registered voter," (of the same 
precinct, and entitled to vote at the same poll,) that he is an in- 
habitant of said precinct and entitled to vote at said poll ; and who 
shall also, correctly and truly, state where said person offering to 
vote resides, giving name of street, if in city, and number of house, 
if numbered. {See section 7, lines 13 to 25.) 

To deliver said affidavit, immediately after election, and on the 
same day, to the clerk of the county, or town, or city, or village, 
as the case may require. {See liMtructions^ fjfth^ a/nd section 7, 
Unes 30 ^ 33. 

Seventh: To reject the Vote of any and every person who shall 
'^ refuse to make a true statement," when asked by any one hav*^ 
ing the right to demand it, and of any and every person who shall 
make a false statement, where he resides, giving the name of the 
street, if in a city, and the number of the house, if numbered% 



S. lima 90 io S3.) 



{law cf IbSl, fogn 21 

[The pemaUy far wmkmg m faUe 
($50,) amd imprimmm^ad im (10 . dbys.] 

JSighik: A&er the *^t im— <£ TotaB^*" (» prorided 
Statute!, pdige 19, sectioii 17j — 

To attach to each of die two registen, which 
of the pc^ lists (madebj the dak of Ais deedon.) 

To leave ose of eaid ** chedud^ registcfs and p>li lists 
deft of the conntT, or ^ town,'* or citj, or Tillage, as the 
reqidre. {See Imsbrudum^ f]ft^ ^^ Mciiom 9.) 

To select oneof the judges who shall retain osm of said 
legisteis and poD list^ and carefiillT ke^ it, without Uot, 
or change, nntfl the time shall amve for making other 
tor the next deedon. {See eeetiom 9^) 



in tlie 



die 
may 



n 









.=_l 



FORMS. 



OATH TO ra AoimmnBU) to " piBsoir biquibdio hu vavb to bb bxtbbbd *' on thb bboutbb 

WBm BHDr« BBTI8BD AKD OOBBBOTBD. 

Ton do solemnly affirm that you are aboTe the age of twenty-one years ; thai yon are a 
citixen of the State of Illinois; that you hare permanently resided in this State during the 
past year; that yon are a bonaJid« resident of this precinct, hare resided daring the last 

thirty days herein at the honseof ,in street, atnnmber 

So help yon Qod. 



AfVIBATR or "PBUOV OffflBlirO TO TOTB," WBOSB VAMB IS VOt <*0ff THB OOBBBCTBD 

BBOIBTBB." 

STATE OF ILLINOIS, ) „ 
Gommr. f"** 

I, do solemnly affirm that I am aboTe the age of twenty-one years } thai I 

am a eitiien of the State of Illinois, and hsTS resided permanently therein one year pre- 
ceding this election ; that I am a bonaJkU resident of this precinct, and hare resided here- 
in permanently dvring the last thirty days ; that I am entitled to Tote at this poll ; that I 
hare not Toted at this election ; that my residenoe for the last thirty days has been sad is 

BOW at the honseof , in street, and number 

all of which is tme. So help me God. 

[^B.] 

The abore affidaTit of is snbicribed and sworn to before me, a 

in and for the connty and State aforesaid, this day of 186... 

^^.l 

NoTB.— This sffidsTit most be presenred sad filed as required t^ law. (See section 7, 
lines 80 to 85.) 



OATH TO BB AnHDnVrBBBD TO " BB0I8TBBBD tOTBB WHO SHALL HB A HOtJSBHOLDBB,*' Bit* 
TITLBD TO TOTB AT THB SAMB POLL, TO PBOtB THB BtaHT OF AXOTBBB TO TOTB. 

Toi^ do solemnly affirm that you know , the person now offering his Vote, 

to be a UmaJIde resident of this precinct, and that you know he has resided herein during 

the last thirty days, and that he resides at tbe house of , In «... 

street^ and number So help you Ood* 



LAWS OP CONGRESS. 



OSArriB CC. **An Aek to dnjim iktpafand mnohimtnU of eertaitt qfieert oj ikn anmf, 

and for dher puTfomtt** approTed Jalj 17 th, 1862. 

" Section 21. And be Ufwrther enacted^ That an^ alien, of the 
age of twenty-one years and upwards, who has enlisted or shall 
enlist in the armies of the United States, either the regular or the 
yolonteer forces, and has been or shall be hereafter honorably dis- 
charged, may be admitted to become a citizen of the United States, 
upon his petition, without any previous declaration of his intention 
to become a citizen of the United States, and that he shall not be 
required to prove more than one year's residence within the United 
States previous to his application to become such citizen; and that 
the court admitting suCn alien shall, in addition to such proof of 
residence and gooa moral character as is now provided by law, be 
satisfied by competent proof of such person having been honorably 
dischargM from liie service of the United States, as aforesaid." 

And, also, 

Gbaptbb LXXIX. **An Act to amend the wnral adi heretofore pemed to prooide for ths 
enrolling and oallmg out the J^aUonalforcee, and for other purpoeeey** mpproTed March 
8d, 1865., 

" Section 21. And he U further enacted^ That in addition to 
the other lawful penalties ot the crime of desertion from the mili- 
tary or naval service, all persons who have deserted the military or 
naval service of the United States, who shall not return to said 
service, or report themselves to a provost marshal within sixty 
days after the proclamation hereinafter mentioned, shall be deemed 
and taken to have voluntarily relinquished and forfeited their rights 
of citizenship and their rights to become citizens ; and such de- 
serters shall oe forever incapable of holding any office of trust or 
profit under the United States, or of exercising any rights of citi- 
zens thereof; and all persons who shall hereafter desert the military 
or naval service, and all persons who, being duly enrolled, shall 
depart the jurisdiction of the district in which he is enrolled, or go 
beyond the limits of the United States, with intent to avoid any 
draft into the military or naval service, duly ordered, shall be 
liable to the penalties of this section. And the President is hereby 
authorized and required forthwith, on the passage of this act, to 



39 

issae his proclamation setting forth the provisions of this section, 
in which prochimation the President is requested to notify all de- 
serters returning within sixty days, as aforesaid, that they shall be 
pardoned on condition of returning to their regiments and com- 
panies, or to such other organizations as they may be assigned to, 
until they shall have served for a period of time equf 1 to their ori. 
ginal term of enlistment.'' 

And on the 11th March, a. d. 1865, the President of the United 
States issued the following 

PROCLAMATION. 

Wbereaa the twenty-flnt section of the act of Oonereas approred on the third in- 
itant, entitled **An act to amend the several act» ueretoiore paraed to provide for the en- 
rolling and calline out the national forces and for other purposes,** requires *'that, in 
addition to the other Ikwful penalties of the crime of desertion from the military and 
naval service, all pemons who have deserted the military or naval service of the Uni- 
ted States who shall not return to iaid service, or n-port themselves to a provost mar- 
shal within sixty days after the procIainAtion hereinafter mentioned, shall be deemed 
and taken to have voluntarily relinquished and forfeited their rights of citiie ship and 
their right^to become citixens, and such deserters shall be forever incapuhic of hold- 
ing any office of trust or protit under the United States, or of exercising any rights of 
citixens thereof; and all persons who shall hereafter desert the military or naval ser- 
vice, and all pemons who, being duly enrolled, shall depart the Juri0diction of the 
district in which he is enrolled, or go beyond the limits of the United States with In- 
tent to avoid any draft into the miliurv or naral service, duly ordered, shall be liable 
to tlie penalties of this section. And the President is hereby authorised and required 
forthwith, on the passage of this act, to issue his proclamation, setting forth the 
provisions of this section, in which proclamation the President is requested to 
notify all deserters returning within sixty days as aforesaid, that they shall be par- 
doned on condition of returning to their regiments and companies, or to auch other 
organizations as they may be assigned to, until they shall have served for a period of 
time equal to their orit;inal term ul enlistment.** 

Now, therefore, 1 e it known that I, Abraham Lincoln, President of the United 
States, do issue this my proclamation, as required by said act, ordering and requiring 
all deserters to return to their proper posts ; and I do hereby notify them that all de- 
serters who sliall, within sixty da}s from the date of this proclamation, vis : on or be* 
fore the 10th d ly of May, 1865, return to service, or report themselves to a provost 
marshal, shall be pardoned, on condition that they return to tlieir regiments and com- 
panies, or to such other organisations as they may be assigned to, and serve the re- 
mainder of their original term of enlistment, and, in addition thereto, a period equal 
to the time lost by desertion. 

In testimony whereof, I have hereunto set my hand and caused the seal of the Uni- 
ted Sutes to be affixed. 

Done at the city of Washington, this eleventh day of March, in the year of our Lord 
r 1 one thousand eight hundred and sixty-five, and of the independence of the 
L^ "-I United Sutes the eighty-ninth. 

ABRAHAM L|yC0l4K ^ 
By the Preadent: 

WlLIOAll H, SlWARO, 

ikcnuary of StaU, 






J 

I 

 



I 

r 
1 



<t^V 



CIRCULAR. 



Office of Seobbtary of State, 
Springfield, III., September 1, 1865. 

The nuinber of commnnications, received at this office, asking 
for Definitwn% and Constructions^ induce me to issue this General 
Letter stating, that, whilst I may have, and do form, an opinion 
upon each and every question, any attempt at decision or oonsiruc- 
tion^ on my part, would be assumption, perhaps presumption. 

Had* we, for our State, an Attornet General, all such ques- 
tions would be quickly and with authority construed. But, not 
having an Attorney General, all questions concerning definitions 
of words and sentences, in our^ laws, must be submitted to the 
Supreme Court of Illinois, the oidy department authorized to con- 
strue the laws of this State. 

Very respectfully, your obedient servant, 

SHARON TYNDALE, 
Secret(vry of State. 



itXcn ^lo. \Xl^^O< c 






ELECTION LAWS 



or TBI 



STATE OF ILLINOIS, 



TOOKTHKE WITH TRB 



REGISTRY LAW, 



WITH SUITABLE FORMS AND INSTRUCTIONS 

FOR CARRYING THE SAME INTO EFFECT* 



PDBLISIID IN f CKSD&NCI 01 LAW. 



SPRINGFIELD 

JLLUrOB 8TATB JOURMAL JOB PRIXT. ^ ^^ | j » ^ 

1878. o L n p-^ C 



r 



\ 







\ \ 



^ t1 



GEl^ERAL ELEOTIOISr LAW. 



AN ACT in regard to eleotioni, and to provide for filling Taoanoiei in eleo- In ^^^^'^^^ 

tiTe offices. 



ELECT0B8 OF PRESIDENT AND VICE PRESIDENT OF THE TTNTTBD 

STATES. 

Section 1. JBs it enacted hy (he People of the State of 
Illinois, represented in the General Assemlly^ That there 
shall be elected, by general ticket, on the Tuesday D^xt^jj^jj^j^j^^^ 
after the first Monday in November preceding the expira- Jf^^'u^tod 
tion of the term of office of each president of the United ^**^"- 
States, as many electors of president and vice president of 
the United States as this State may be entitled to elect; 
which election shall be condncted and returns thereof made 
as hereinafter provided : Provided, that if congress should 
hereafter fix a different dav for such election, then the elec- 
tion for electors shall be held on such day as shall be named 
by act of congress. 

§ 2. The county clerks of the several counties shall, i^"*y®'®^®'*" 
within eight days next after holding an election for electors 
of president and vice president of the United States, as is 
provided for in this act, make three copies of the abstract Abstract of 
of votes for electors, and transmit by mail one of said copies ^ 
to the governor, another to the office of the secretary of 
State, and retain the third in his office, to be sent for by the 
governor in caee both the others should be mislaid* Within 
twenty dajs after the holding of such election, and sooner 
if all the returns are received by either the governor or by 
the secretary of Slate, the secretary of State, auditor of pub- 
lic accounts and treasurer, or any two of them, shall, in the _ ^ - 

f 
\ 



•reeence of the governor, proceed to open and caiiTass eaid 
lection retume, and to declare the persons having the 
ighcBt number of votes elecied ; but ehonld any two or 
lore persons be returned with an equal and tlie highest 
ote, tbe Baid secretary of State Ehall cause a notice of the 
ame tb be pnbhshed, which notice shall name some day 
nd place, not less than five days Irom the time of the pub- 
ication of such notice, upon which the said secretary, audi- 
or and treasurer will decide by lot which of said persons 
o equal and highest is elected. And upon the day and at 
he plnce bo appointed in said notice, the said secretary, 
.uditor and treasurer, or any two of them, ehall, in the 
iresf nee of (he governor, decide by lot which of the peraoni 
o equal and highest shall be elected. 

§ 3, The governor shall cause the result of the eaid elec- 
ion to be published, and ehall tmnsniit by mail, to the per- 
ons elected, certificates of their election. 

§ i. The electors choeen, as aforesaid, ehall meet at the 
est of government of this State, at the time appointed by 
he laws of the United States, and give their votes in, in the 
naoner thereio provided, and perform such dutiee as are or 
nay be required by kw. Each elector shall receive for 
ivery twenty miles necessary travel in going to the seat of 
government to give his vote, and returning to his residence, 
o be computed by the most usual route, tbe sum of three 
lollars, to be paid on the warrant of the auditor, out of auy 
ooney in the treasury not otherwise appropriated. 

§ 5. In cage any person declared duly elected an elector 
f president and vice president of the United States shall 
ul to attend at the State House, at the seat of eovemmeut 
>fthis Statr, at or before the hour of twelve o'clock, at noon, 
f the day on which his vote is required to be given, it shall 
le the duty of the elector or electors of president and vite- 
iresident, attending at that time and place, to appoint a 
lereon or persons to till such vacancy : Prc/vided^ that 
hould the person or persons chosen by tbe people, as aloro- 
a'd, arrive at the place aforesaid before the votes forpresi' 
lent and vice president are actually given, the pereon or 



persons appointed to fill anch vacancy shall not act as elec- 
tor of prei&ideDt and vice president. 

TIKE OF HOLDING ELECTIONS FOB OEBTAIH OFFICEB8. 

§ 6. Bepresentatives in congress shall be elected on Representatf a 
Tuesday next after the first Monday in K'ovember, in the '*~°'^®"' 
year of oar Lord eighteen hundred and seventy-two, and 
every two years thereafter ; bat if congress shall fix a dif- 
ferent day, then such election shall be held on the day so 
fixed by congress. 

§ 7. The governor, lieutenant-goveror, secretary ofg^^^fg^^^^ 
State, auditor of public accounts and attomey*generaI, shall 
be elected on Tuesday next after the first Monday of No. 
vember, in the year of our Lord eighteen hundred and 
seventy-two, and every four years thereafter. 

S 8. The superintendent of public instruction shall be superintcntft 
» - * of public In- 

elected on Tuesday next after the first Monday of November, •truction- 

in the year of our Lord eighteen hundred and seventy-four, 

and every four years thereafter. 

§ 9. The State treasurer shall be elected on Tuesday next state treaiur'r 
after the first Monday of November, in the year of our 
Lord eighteen hundred and seventy-two, and every two 
years thereafter. 

§ 10. The judges of the supreme court shall hereafter 
be elected as follows, to-wit : In the first, second, third, supreme co'rt 
Bixth and seventh districts on the first Monday of June, in 
the year of our Lord eighteen hundred and seventy-nine, 
and every nine years thereafter. In the fourth district, ou 
the first Monday of June, in the year of our Lord eighteen 
hundred and seventy -six, and every nine years thereafter. 
In the fifth district, on the first Monday of June, in the 
year of our Lord eighteen hundred and seventy-three, and 
every nine years thereafter. 

§ 11. A clerk of the supreme court in each grand ^i^i* ^.f'J^i^oJ^ 
eion shall be elected on Tuesday next after the first Monday 
of November, in the year of our Lord eighteen hundred 
and seventy^two, and every six years thei*eafter. 



I. 



judffes of the § 13. The jodges of the circnit conrt shall be elected on 
the first Monday of June, in the year of oar Lord eighteen 

' ^ hnndred and seventy-three, and every six years thereafter. 

judcM of «u- § ^^" ^^® jndges of the superior court of Cook county 

I ffoook ool^ ®^*^^ ^® elected as follows : One on Tuesday next after the 

J. first Monday of November, in the year of our Lord eighteen 

hundred and seventy-four, and every six years thereafter. 
One on Tuesday next after the first Monday of November, 

I in the year of our Lord eighteen hnndred and seventy-six, 

and every six years thereafter ; and one on Tuesday next 

I after the first Monday of November, in the year of our Lord 

eighteen hundred and seventy-eight, and every six years 
thereafter. 
State Benaton. § 14. State senators shall be elected as follows, to-wit : 
Those in districts bearing even numbers shall be elected on 

! Tuesday next after the first Monday of November, in the 

i year of our Lord eighteen hundred and seventy-two, and 

every four years thereafter. Those in districts bearing odd 
numbers shall be elected on Tuesday next after the firet 
Monday of November, in the year of our Lord eighteen 
hundred and seventy-two, for the term of two years. And 
after that they shall be elected on Tuesday next after the 
first Monday of November, in the year of our Lord eighteen 
hundred and seventy -four, and every four years thereafter. 
Representatri g 15. Members of the house of representatives shall be 
elected on Tuesday next after the first Monday of November, 
in the year of our Lord eighteen hundred and seventy-two, 
and every two years thereafter. 
Counts Judges § 18 The county jndges and county clerks shall be 
and c erka. ^jg^^^^ j,j^ Xuosday next after the first Monday of November, 

in the year of our Lord eighteen hundred and seventy-three, 
and every four years thereafter. 
«^ .- * § 17- The sherifi^s and coroners shall be elected on Tnes- 

SherlffB and ^ 

oorooen. day next after the first Monday of November, in the year 
of our Lord eighteen hundred and seventy-two, and every 
two years thereafter. 

Circuit clerks § 18. The clerks on the circuit court shall be elected on 
Tuesday next after the first Monday of November, in the 



year of onr Lord eighteen hundred and seventy-two, and 
every four years thereafter. 
§ 19- The clerk of the superior court of Cook county cierks super!- 

- _ or court of 

shall be elected on Tuesday next after the first Monday of cook county. 
November, in the year of our Lord eighteen hundred and 
seventy-five, and every four years thereatter* 

§ 20. The clerk of the criminal court of Couk county qiq^^^iqjjqiq 
shall be elected on Tuesday next after the first Monday of SSStyf ^^^ 
November, in the year of our Lord eighteen hundred and 
seventy-three, and every four years thereafter. 

§ 21. The county treasurers shall be elected on Tuesday county treaa- 
next after the first Monday of ^November, in the year of our 
Lord eighteen hundred and seventy-three, and every two 
years thereafter. 

§ 22. The county surveyors shall be elected on Tuesday ^™J, ""^ 
next after the first Monday of I^ovember, in the year of 
our Lord eighteen hundred and seventy-five, and every four 
years thereafter. 

§ 23. The county superintendents of schools shall be superintend- 
elected on Tuesday next after the first Monday of Kovem- 
ber, in the year of our Lord eighteen hundred and seventy- 
three, and every four years thereafter. 

§ 24. A State's attorney shall be elected in each county q^<^*^ ^^^j^^ 
on Tuesday next after the first Monday of November, in "^^y"- 
the year of our Lord eighteen hundred and seventy-two, 
and every four years thereafter. 

§ 25. There shall bo elected in each congressional dis- state board ot 
trict, on Tuesday next after the first Monday of November, ^ ^*^* 
in the year of our Lord eighteen hundred and seventy-two, 
and every four years thereafter, one elector, to serve as a 
member of the State board of equalization. 

§ 26 . In counties having a population of sixty thousand K^cop^^ ^f 
or more, there shall be elected a recorder of deeds, on Tues- *®®*^- 
day next after the first Monday of November, in the year of 
our Lord eighteen hundred and seventy-two, and every four 
years thereafter. 

§ 27 . in counties not under township organization, there county 
shall be elected on Tuesday next after the first Monday of 



ors. 



8 

November, in the year of <mr Lord eighteen hnodred and 
seventy-three, and every two years thereafter, a county 
assessor, who shall hold his office for two years, and until 
his successor is elected and qnalified. 
County com- § 28. In oouuties not under township organization there 
shall be elected on Tuesday next after the first Monday of 
Korember, in the year of our Lord eighteen hundred and 
seventy-three, three officers, who shall be styled **The 
Board of Oounty Commissioners,'' one of whom shall hold 
his office for one year, one for two years, and one for three 
years, to be determined by lot ; and every year thereafter, 
one such officer shall be elected in each of said counties, for 
the term of three years. 

BLSCnON FBXOINOTS* 

To remidn iin- § 29. The election precincts established in counties not 
under township oi^anization, before the taking effect of this 
act, shall remain until changed by the county board. 

BouQdaciw. § 30. The county board of such counties may, from 
time to time, change the boundaries of election precincts, 
and may erect and establish one or more new election pre- 
cincts, and may designate and change the places of holding 
elections. All general and special elections shall be held 
at the places so designated. 

TowDitooon- § 81' ^^ counlies under township orgmization, each 

tututo. ^^jj gjjjjj constitute an election precinct, but the county 
board may divide any town into as many election districts 
as the convenience of the people may require, defining the 
same by distinct boundaries and numbers, and may, from 
time to time, designate the places at which elections shall 
be held. All general and special elections shall bo held at 
the places so designated. 

JUDOKS AlTD OLBKKS OF XUBOTIOV. 

§ 32, In counties not under township organization, the 
WpoS?^ county board shall, annually, at its last regular session pre- 
ceding the general election, appoint three capable and difl- 



9 

creet electors to act as judges of election in each election 
precinct, and may at anj time fill yacancies. 

§ 33. In counties undeiw township organization, where when ap- 
the county board shall have divided a town into sevtsral ^ ° 
election districts, in sliall, at its last regular session prece* 
dJDg the general election, appoint three capable and dis- 
creet electors to act as jadges of election in each election 
district in such town, and may at any time fill vacancies : 
Provided^ that the supervisor, assessor and collector shall 
be designated as judges of election in the districts in which 
thep respectively reside. 

§ 84. Immediately on the appointment of such judges, Notice of ap- 
the county clerk shall make out and deliver to the sheriff 
of the county a notice thereof, directed to each person so 
appointed, and the sheriff shall, within twenty days after the 
receipt of such notices, deliver the same to the several 
judges so appointed. \ 

§ 35. The judfices so appointed shall be and continue To act until 

, *' JO rr ^ taoceaaorsare 

judges of all general and special elections held within their appo^ted. 
respective precincts or districts, until other judges shall be 
appointed in like manner. 

§ 36. It* at the time for the opening of any election, any Failure or re- 
person appointed or constituted a judge of election shall ^"**^®'*'^ 
not be present, or will not act or take the oath to act in such 
capacity, the judge or judges present may appoint some 
other qualified elector to act in bis place. If there be no 
judge of election present, or he refuses to act, such electors 
of the precinct or district as may then be present at the 
place of election, may fill the places of such judges by elec- 
tion from their number. The judges so appointed shall 
have the same power and b e subject to the same penalties 
as other judges of election. 

§ 37. The judges of election shall choose two persons cierka. 
having similar qualifications with themselves to act as 
clerks of election, who may continue to act as such during 
the pleasure of the judges. 

—2 



10 



V OATH OF JUDGES AND OLEBKS OF BLEOTIOK. 

I 

'^c^^totSe § ^^' P^^^ons to any vote bfeing taken, the judges and 
 ^^' clerks of the election shall severally take an oath or affirma- 

tion, in the following form, to-wit : 

• 

J I do solemnly swear (or affirm, aa the case maj be,) that I will support 

the constitution of the United States and the constitution of the State of 
Illinois, and that I will faith Itilly discharge the duties* of the office of 
judge of election (or clerk, as the case may be,) according to the best of 
my ability. 

I Judges to ad- § 39. In case there shall be no ludge or instice of the 

minister oath ^ j o j 

peace present at the opening of the election, or in case such 
judge or justice shall be appointed a judge or clerk of elec- 
tion, it shall be lawful for the judges of the election to ad- 
minister the oath or affirmation to each other, and to the 
clerks of the election ; and the person administering such 
i oath or affirmation, shall cause an entry thereof to be made 

^, and subscribed by him, and prefixed to each poll book. 

I' 

BALLOT BOXES AND POLL BOOK?. 

Bauot boxes. § 40. The county board shall provide a sufficient num- 
ber of ballot boxes, with secure locks and keys, at the ex- 
pense of the county, for the several precincts *and districts. 
There shall be an opening in the lid of each box not larger 
than is sufficient to admit a single closed ballot to be in 
serted therein at one time, through which each ballot voted 
shall be put into the box. 

To be kept by § 41. The ballot boxes shall be delivered to and kept 

Judges. ^ , , 

by the judges of election, and by them kept and delivered 
over to their successors, 
pou books and § ^2. The county clerk shall provide, at the expense of 
blanks. ^^ county, proper blanks, poll books and other necessary 

election blanks for each precinct and district in his county, 
and cause a suitable number thereof to be delivered to the 
judges of election, at least ten days before any election is 
to be held. 



11 

00N8TABLB8 APPOIHTBD TO ATTEND KLSOTIOITO — OBDSB. 

§ 48. The county board may appoint one or more con-^^IJ^JJ^ 
Btable9 to attend each place of holding elections, and pre- 
Berve order dnring the election ; if no constable is appointed 
by the connty board to attend any place of holding election, 
or if others shall be necessary to preserve order, the judges 
of election may appoint one or more constables for that 
purpose. 

§ 44. The judges of election may appoint any suitable How paid, 
person to act as a special constable during the election. Oon- 
stables serving at such election shall be paid out of the 
county treasury, not exceeding two dollars per day fur each 
day's service. 

§ 45. Any constable attending such election may caU dirordS?^"" 
to bis aid a sufficient number of citizens to arrest any dis- 
orderly person or suppress any riot or disorder during the 
election. Whoever conducts himself in a riotous or dis- 
orderly manner at any election, and persists in such con- 
duct after'being warned to desist, may be arrested without 
warrant. 

NOTIOB OF BLEOTION. 

§ 46. At least thirty days previous to any general eleo-^?to?--dutiS 
tion, and at least twenty days previous to any special elec- ®^®^®'"^- 
tion, except in cases otherwise provided for, the county clerk, 
in counties not under township organization, shall make out 
and deliver to the sheriff of his county, or in counties under 
township organization, to the several supervisors of his 
county, three notices thereof for each precinct or district in 
which the election in such county is to be held. The no- 
tice may be substantially as follows : 

Notice is hereby given, that on (give the date,) at (give the place of hold- 
ing the election and the name of the precinct or district,) in the county of 
(name of county,) an election wiU be held for (give the title of thesereral 
ofEces to be filled,) which election will be opened at eight o'clock in the mom- 
iDg and continue open until aeyen o'clock in the afternoon of that day. 

Dated at , this • . • . day of , in the year of our Lord one 

thousand eight hundred and . .-• • 

A B, CcwUy CUrk. 



18 



per T I spr to i *'^* ^^i® ^^^ sheriff OF snperriBor to whom the notices 
are delivered, eball poet up, in three of the most pablic pla- 
ces in each precinct or district, the three notices therefor at 
least fifteen days before the time of holding a general elec- 
tion, and at least eight days before the time of holding a spe- 
cial election. 



OOHDUOTING KLSCnOHS — BKl'UttHB. 

o^^of the § 48. The polls shall be opened at the honr of eight 
o'clock in the momiog, and continue open until seven 
o'clock in the afternoon of the same day, at which time the 
polls shall be closed ; bnt if the judges shall not attend at 
the hour of eight o'clock in the morning, or if it shall be 
necessary for the electors present to appoint judges to con- 
duct the election, as hereinbefore prescribed, the polls may, 
in that case, be opened at any h«)ur before the time for clos- 
ing the same shall arrive; as the case may require. 

FwdtanMrtton. § 49. Upon opening the polls one of the clerks or judges 
of election shall make proclamation of the same, and at least 
thirty minutes before the closing of the polls proclamation 
shall be made in like manner that the polls will be closed 
in half an hour. 

^^Jj^gj*® § 50. Before any ballot shall be deposited in the ballot 
box, the ballot box shall be publicly opened and exhibited, 
and the judges and clerks shall see that no ballot is in such 
box ; after which the box shall be locked and the key de* 
livered to one of the judges, and shall not be again opened 
until the close of the polls. 

§ 51. Each clerk of the election shall keep a poll list, 
which shall contain a column headed ^'number," and another 
headed '^names of voters/' The name of each elector 
voting shall be entered upon each of the poll books by the 
clerks, in regular succession, under the proper headiugs, 
and the number of such voter placed opposite his name in 
the column headed "number/' 

§ 52. The manner of voting shall be by ballot The bal- 
lot shall be printed or written, or partly printed and partly 
written, upon plain paper, with the name of each caudidate 



Foniiit. 



BtUota. 



IS 

voted for, and the title of the offices. When the ballot is 
printed, the same shall be printed upon plain paper, in plain 
type, in straight lines, with a blank space below each name, 
of a width not less than equal to the width of the line in 
which the name is printed. 
§ 53. The names of all candidates for which the elector aii candidates 

^ to be on same 

intends to vote shall be written or printed upon the same baiiot. 
ballot, and the office to which he desires each to be elected 
shall be designated upon the ballot. 

§ 54. In voting for representatives to the general assem- ^"""Yor^re*^ 
bly,.ifthe voter intends to give more than one vote to any reaentauves. 
candidflte, he shall express his intention on the face of the 
ballot, in words or figures, which may be done in either of 
the following forms : A B, G D, £ F, which shall be held 
to mean one vote for each candidate named ; or A B H 
votes, D 1^ votes ; or A B 2 votes, D 1 vote ; or A B 
3 votes. 

§ 55. The ballot shall be folded by the voter and deliv- Number to be 

Indorsed on 

ered to one of the judges of election ; and if the judges be twi^ot. 
satisfied that the person offering the vote is a legal voter, 
the clerks of election shall enter the name of* the voter, and 
his number, under the proper heading in the poll books, and 
the judges shall indorse on the back of the ticket offered the 
number corresponding with the number of the voter on the 
poll books, and shall immediately put the ticket into the 
ballot box. 
§ 56: After the opening of the polls no adjournment -^'^ooumment. 

shall be had, nor shall any recess be taken, until all the 
votes cast at such election shall have been counted and the 
result publicly announced. 

§ 57. Immediately upon closing the polls, the judges ^^^" ®' 
shall proceed to canvaes the votes polled. They shall first 
count the whole number of ballots in the box. If the bal- 
lots snail be found to exceed the number of names entered 
on each of the poll lists, they shall reject the ballots if any 
be found upon which no number is maked ; if the number 
of ballots still exceeds the number of names entered on each 
of the poll lists, they shall be replaced in the box and the 



14 

box cloBed and well shaken aod sgun opened, and one of 
the judges shall publicly draw out and destroy so many bal- 
lots, unopened, as shall be equal to euch excess ; and rlie 
ballots or poll lists agreeing, or being made to agne, the 
hoard shall 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 mark down upon the 
tally-list the votes each candidate receives, is a separate col- 
umn prepared for that purpose, with the name of such can- 
didate at the head ot such coliimn, aod the office, desi^Dated 
by the votes, such candidate shall fill. 

'*'" § 58. If more persons are designated for any office than 
there are candidates to beelected, or if more votes or parts 
of voles are designated on any ballot for representatives than 
the voter is entitled to cast, such part of the ticket shall not 
be counted for either of the candidates. 

*"■ § 59. All the ballots counted by the judges of election 
shall, after being read, be strong upon a strong thread or 
twine, in the order in which they have been read, and sball 
then be carefnlly enveloped, and sealed up by the judges 
who shall dii:ect the same to the officer to whom by law 
they are required to retnm the poll books, and shall be de- 
livered, together with the poll books, to such officer, who 
shall carefully preserve said ballots for six months, and at 
the expiration of that time shall destroy them by burning, 
without the package being previously opened : Provided^ if 
any contest of election eball be pending at such time in 
which such ballots may be required as evidence, the same 
shall not be destroyed till such contest is finally determined. 

ted g 60. In all cases of contested election, the parties con- 
testing the same shall have the right to have the said pack- 
age of ballots opened, and said ballots referred to by wit- 
nesses for the purpose of such contest. But said ballots 
shall only be so examined and referred to in the presence of 
the officer having the cnstody thereof, 
of §61. When the votes shall have been examined and 
coaoted, the clerks shall set down in their poll books the 
name of every person voted for, wtitten at full length, the 



15 

office for which snch person received such votes, and the 
number he did receive, the number being expressed in words 
at fall length ; snch entr^ to be made, as nearly as circum- 
stance will admit, in the following form, to- wit : 

At an election held at .... , in .... , in the county of , and 

Sute of niinois, on the .... day of , in the year of oar Lord one 

tbomand eight hundred and ...., the following named persoDfl receiyed 
the number of Yotes annexed to their reepectiye namea, for the following 
described offices, to-wit: (name of candidate) bad (number of yotes) for 
(title of office,) (and in the same manner for any other persons Yoted 
for.) Certified by us: 

Jitdgea ofEUdxon, 



A B.) 
C D,}. Jv 
EF,) 



-^*^*^ I j; ( Cferib o/igZedion. 

§ 62. Snch certificate, together with one of the lists ofd^i*"™d°to 
voters and one of the tally papers, having been carefully ^^^^^^y®^®"^^- 
enveloped and sealed np, shall be put into the hands of one 
of the jndges or board of election, who shall, within four 
days thereafter, deliver the same to the county clerk or his 
deputy, at the oiBce of said county clerk ; and when re- 
ceived, such clerk or deputy shall proceed to open, canvass 
and publish the return from each precinct or election dis- 
trict, as provided by law. 

§ 63. The judges and clerks of election shall be allowed Per diem of 
the sum of three dollars each per day for their services in 
attending each election, and the judge who carries the said 
returns to the county clerk shall also receive five cents per 
mile, each way. 

§ 64. The judges of election shall allow at least one, ChaUengeis. 
and not more than two legal voters of each party to the con- 
test, to be chosen by the parties respectively, into 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. 

QXTALIFIOATION OF YOTBBS. 

§ 65. Every person having resided in this State one Bajidenoe. 
year, in the county ninety days, and in the election district 



IS 

Urty dsji aeil picndi^ siy elatlioa thuAi, ^lo v» an 
dcctorm ikkSuteoa thefntda; of AptiljiB thajearof 
MV Lord ooe titoauad et^ haBdrad aad for^-d^t, or 
Detained a eeftlSeate of aUaializadja b^ora aaj eoort of 
reoDrd in this Stale prior to the Cnt day of JaDoaiy. ia the 
rearof GOT Lord ooe lavosand «*kt bnodnd and •erenty, 
or wbo shall be a male citixen of the United States, above 
tfae age of tventr-ooe jeare, &ha^ be entitled to rote at such 
eleetioD. 

I 66. A pennasent abode is neeeasary to ooartitate a 
reaideiica witliui ihe meaning of the preceding section. 

§ 67. Wbenerer, at anr general or special election, in 
uy precinct, distrid, city. Tillage, town or ward, any per- 
lOD offering to rote is not posonally known to the jad^ea 
>f election t) have the qaalldeatiixu mentiooed in tbe two 
ftreceding sections, if his rote is challenged by a l^al voter 
It sach election, he shall nuke and sobaeribe an affidavit, in 
he f jHowing form, which shall be retained by the judges of 
ilection, and retomed by them with tbe poll books : 

hue sr liwawi { 

Cooatj c/. ) 

I, , do MleaBl; iveir (or >Sib) t^at I aa > eitiiem of the 

JaitedSuua, (or, "tkit 1 w«i uclcetor on the int d>j of April, A. D- 
MS," AT, ■■tbiti abuiacd t ecrtiicMe at naMntixalkn befen  cMirt o( 
ceord ia tkwSuu prior U lb* int da; of itantj, A. D. 1870," a* tfae 
aat Buj be,) that 1 ban nnded i> thU Stale oae jear, ia Ibia coodi; 
iiDCt; dara, and in thii electioa diiiriet Ibirt; daja next preeedioB thiJ 
■leetioa; that I now teaide at iberegiTe tbe partieolarbiMueot place ofre* 
leooe, and, if ia a ton or eilj, the itrect aod niuDber,)in thi( electiOD 
liatrict; thallamtwentj-oae fears of age, and kavo Bot Toted at tbii elec. 
JOB, M held ma Ood, (or, *'tbiaIdoaoleBBlT andai 
MCBV be) 



Sobsnibed and nrofn to before dm, tliia. . . . da; of , A. D. 18.. 

§ 68. In addition to snch an affidavit, the petsoo eo 
ihallenged shall prodaca a witness, personally known to 
he jndge of election, and resident in the precinct or dis- 
net, or who shall be proved by some l^al voter of snch 



IT 

precinct or district, known -to the jndges, to be snch, who 
shall take the oath following, viz : 

I do solemalj swear (or affirm) that I am a resident of this election pre* oi^th. 
cinct (or district), and entitled to rote at this election, and that I have 
been a resident herein for one year last passed, and am well acquainted 
with the person whose Tote is now offered ; that he is an aetual and bona 
fide resident of this election precinct (or district), and has resided herein 
thirty days, and, as I Yerilj belieTO, in this county ninety days, and in this 
State one year next preceding this election. 

§ 69. The oath, in each case, may be administered by Administrat*n 
either of the judges of election, or by. any officer, resident ^ ****** 
in the precinct or district, aatborized by law to administer 
oaths. 

§ 70. Ko person who has been legally convicted of any conyiots. 
crime,thepanishment of which is confinement in the peniten. 
tiary, shall be permitted to vote at any election, unless he 
shall be restored to the right to vote by pardon. 

OANTAS8IH0 YOTBS — OBBTIFICATB OF SLBOTION. 



Ahsiraota of 



§ 71. Within seven days after the olose of the election, 
the county clerks of the respective counties, with the as- ^^^^ 
sistance of two justices of the peace of the county, shall 
open the returns and make abstracts of the votes in the fol- 
lowing manner, as the case may require : Of votes for gov- 
ernor and lieutenant governor, on one sheet ; of votes for * 
other State officers, on another sheet ; of votes for presi- 
dential electors, on another sheet ; of votes for representa* 
tives 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 forjudges 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 equali- 
zation, on another sheet ; of votes for county officers, on 
another sheet. The foregoing abstracts shall be preserved 
by the county clerk in his office. 

§ 72. The county clerk shall make out a certificate of ^_^ ^ 
election to each of the persons having the highest number eiecticn. 



18 I 

if TotM, for the sevaral covoty offioas, and detiver siudi ' 
sertificate to the peraoo entitled to it, od his appUcation. 

§ 78. When two or more penons receire an equal and I 
;be highest namher of votee for an office to be filled b; the 
xmnt; alone, the coontj derk ahah isme a notice to eadi 
>eTBODe of mdi tie vote, and require them to appear at hia 
>ffice, on a Haj named in the notice, within ten days &om 
he day of election, and determine by lot which of them is , 
o be declared elected. 

g 74. On the day appointed, the derk and other can- 
raaaers, or, in case of their absence, the State's attorney or 
iheriff shall attend, and the parties interested shall appear 
knd determine by lot which of them is to be declared elected ; 
md the derk shall issae his cerUficate of election to the 
>erBon thns dedared elected. 

§ 7K.' It shall be the dn^ of the conntr derk, on the 
'eceipt of the election retoriiH of anj general or spedal 
ilection, to make ont his certificate, stating the compensa- ' 
ion to whidi the judges and cierks of each dection may be ' 
mtiUed for their servioes, and lay the same before the count; 
)oard at its next Bession ; and said board shall order the 
•ompeneation aforesaid to be paid ont of the conuty treas' 
wy. 

g 76. Immediatdy after the completion of (he abstracts 
)f votes, the county clerk shall envelope and seal np a copj 
)f the abstracts of votes for governor, lieutenant governor, 
lecretary of State, auditor of pnbllc accounts, treasurer, at- 
omey general, and superintendent of pnblic instructioD, 
md indorse upon it in substance, "Abstracts of votes for 

State officers from county," and address it "The speaker 

>f the house of representatives." The coun^ clerk shall, 
It the same time, envelope and seal np a copy of eadi of the 
tbstracts of votes for other officers, and indorse the same so 
IB to show the contents of the package, and direct the sane 
o the secretary of State. The several packages shall then 
>e placed in one envdope and addressed to the secretary of 
State. 



19 

§ 77. Sach abstracts shall be transmitted to the secre- How 
tarj of State by mail, or, in case it shall be necessary, by 
special messenger. 

§ 78. The secretary of State, auditor, treasurer and at- ^^JJJJJ* ^ 
tomey general, or any two of them, in the presence of the 
governor, shall proceed, within twenty days after the elec- 
tion, and sooner, if all the retnrns are received, to canvass 
the votes given for representatives to congress, judges of 
the supreme court, clerks of the supreme court, judges of 
the circuit court, senators, representatives to the general 
assembly, and members of the State board of equalization, 
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 oommteioa. 
elected, the governor shall give a certificate of election or 
commission, as the case may require, and shall cause proc- 
lamation to be made of the result of the canvass. 

OnWSia AMD PSVAX.TIBS. 

§ 79. Wo spirituous, malt, vinous or intoxicating liquor j^^,^ 
shall be sold or given away at retail, npr shall any saloon or 
bar room, or place where such liquor is so sold or givon 
away, be opened upon any general or special election day 
witUn one mile of tbe place of holding an election. Who- 
ever violates the provisions of Ifhis section shall be fined io 
a sum not less than twenty-five nor more than one hundred 
dollars. It shall be the duty of the sheriff^, coroner, consta- 
bles and other officers of the county, and magistrates, to see 
that the provisions of tJiis section are enforced. 

§ 80. If any person whose vote is challenged, or ^7 ju,. a^ewnr 
witness sworn under liie provisions of this act, shall know- 
ingly, wiiUnliy and corruptly, swear falBeIy,^e shall be 
deemed guilty of peijury, and on conviction thereof shall be 
punished accordingly. 



t mv 

, or o&n to toc* sfw W^isg «otx rated at such 
; «r kn-:>vi=^ siM Le  bc« s qvaliSed Toter at an 

viHrkltT TTXn at s»:^ cketkn, thaH, on eoBvictioD 
be £:»e(t in a laia e-x oceedi^ one tboonnd d<A- 
impcwT&ed in xhe eocan- jtil aot eicending one 
bodi, in tL« dlsocd-r-n of dte owrt. 

Wlkoerer willf^^T Kris cr abets viy ooe not 
[oalia^ t> Tore at an deetioa, in Todn£ or attempt 
)te at endi eleedoa ; or, 

'nrnisbcs an ^eaor Tiih a ticket or baDot inform- 
tbat it eoDlaina a name dlSa^tt fhHn tbat wliidi 
tbocoo, with intent to iodnee him to rote eontrary 
cUnations; or, 

fnndolentlj cm- deeeatfbnT changes a ballot of an 
■ith intent to deprire sach elector of voting for snch 
8 he intoided ; oty 

EndeaTon to proeare tbe Tote of any elector, or 
eoce of anj pers<Hi otw as dector at any election, 
elf or for or against any penon, by meana of a 
of a Htot, or by means of violence or threats of 
, or threats of withdrawing cnstom or deating in 

or tnwle, .or enforcing the paymmt of a debt, or 
; a BDit or criminal jooaecotiCHi, or any other threat 
r to be inflicted by him or his means; or, 
By offering a reward or bribe, or by treating to or 
ipiritaoQB, malt, or other liquor, dther directly or 
y, influences or attempts to influence any voter in 
r withholding his vote at an election ; or, 
By bribery, or by corrupt or unlawful means, pre- 

attempts to prevent any voter from attending or 
t an election ; or, 

Qives or offers to give any valoable thing or bribe 
adge or clerk of election, as a consideration for some 
I done or omitted to be done, oontrary to hig offidal 
relation to such elocttoo, alull, on conviction there- 
led in a sum not esceediitg one thousand doliafs, or 



SI ' 

imprisoned in the county jail not exceeding one year, 
or both, in the discretion of the court 

§ 83. Whoever receives, requests or demands any bribe Bribes. 
or reward forbidden by this act to be given, shall be liable 
to the same penalties as are prescribed in this act for giving 
such bribe or reward. 

§ 84. Whoever is disorderly at any election shall forfeit iMaonieriy. 
a sdm not exceeding twenly-five dollars. 

§ 85. Whoever bets or wagers any money, property or 
other valuable thing, upon the result or an election which eieouSis. ^^ 
may be held under the constitution or laws of this State, or 
beta or wagers money, property, or other valuable thing, 
upon the number of votes which may be given to any per- 
son at an election, or upon who will receive the greatest 
number of votes at an election ; or agrees to pay any other 
person any money, property, or other valuable thing, in the 
event that an election shall result in one way, or in the event 
that any person shall or shall not be elected, or shall receive 
a greater number of votes than others, upon conviction 
thereof he shall be fined in a sum not exceeding one thous- 
and dollars, or imprisoned in the county jail not exceeding 
one year, or both, in the discretion of the court. 

§ 86. If any judge of any election shall permit a person 
to vote whose vote is challenged, without the proof required ^SSuenged!* 
in this act ; or, 

2d. Shall knowingly and willfully permit a person to 
testify as a witness contrary to the provisions of this act ; or 

3d. Shall knowingly permit a person to vote who is xiot 
qualified according to law ; or, 

4th. Shall knowingly receive and count more than one 
vote from the same person at the same election for the same 
office, except as allowed by law ; or, 

6th. Shall refuse to receive the vote of a qualified elec- 
tor at such election, who will make the affidavit and proof 
required by this act ; or, 

6th. Shall be guilty of any frkud, corruption, partiality 
or manifest misbehavior ; or, 



7th. Shall open or unfold any ballot when the same is 
presented to be deposited in the ballot boi^ ; or, 

8th. Shall willfully neglect to perform any of the duties 
required of him by .this act, shall on conviction thereof, be 
fined in a sum not exceeding one thousand dollars, or im- 
prisoned in the county jail not exceeding one year, or both, 
in the discretion of the court. 
compariMnof § ^'^' If any judge or clerk of election shall wilfully or 
^*"****' corruptly ascertain, by comparison of the poll book with 
the ballot, or shall allow any other person to ascertain by 
such comparison, or otherwise, or shall willfully publish or 
reveal how any elector voted at an election, he shidl, on con- 
viction thereof, be fined in any sum pot exceeding one 
thousand dollars, or imprisoned in 'the county jail not ex- 
ceeding one year, or both, in the discretion of the court 
PnbiiBbiiw § 88. If any person shall willfully or corruptly ascertain 
or publish, or reveal how any elector voted at an election, 
he shall, on conviction thereof, be fined io any sum not ex- 
ceeding one thousand dollars, or imprisoned in the county 
jail not exceeding one year, or both, in the discretion of the 
court 
Neglect ^oPk § 89. If acy clerk of an election shall willfully neglect 
duty. iQ perform any duty required of him as derk of election, or 

shall be guilty of fraud, corruption, or misbehavior as such 
derk, he shall, on conviction, be fined in a sum not exceed- 
ing five hundred dollars, or imprisoned in the county jail 
not exceeding six months, or both, in the discretion of the 
court. 
Failure to de- § 90. If any judge, clerk or messenger, after having 
i^Kwks. been deputed by the judges of election to carry the poll 

books, tally list and votes of such election to the place 
where, by law, they are required to be canvassed, willfully 
or negligently fails to deliver such poll books, tally list or 
ballots within the time prescribed by law, with the seal un- 
broken, he shall, upon conviction, be fined in a sum not ex- 
ceeding five hundred dollars, or imprisoned in the county 
jail not exceeding six months, or both, in the discretion of 
the court 






§ 91. If flie eoantj derk wfllflilly neglects or refases to oounty oi'xk- 
yerform any duty required of him by this act^ he shall, upon S^y. 
conTietion, be fined in a sam not exceeding fi^e hundred 
doUars, and shall be Hable to the person'injnred by reason 
of snch neglect or refhsal, in an amount not exceeding Ato 
hundred dollars, to be recovered in an action on the case. 

§ 9<2. If any county clerk or juMice of the peace shall ^.^^ ^ 
be guilty of any fraud, corruption or misbehayior, in can- 
Tassing the TOtes or mddng any abstract of votes, or issuing 
any certificate of election, he shall on conviction, be fined 
m any sum not exceeding five hundred dollars, or impris- 
oned in the county jail not exceeding one year, or both, in 
the discretion of die court. 

§ 93. Whoever shall willfully and wrongftilly take or^^^^g^^^^ ^ 
cany away from the place where it has been deposited for i»^^>«**- 
aaft-keeping, or defroe, mutilate or change any pdl hock^ 
ballot or tally list, or any name or figure therein, shall, on 
conviction, be fined in a sum not exceeding one thousand 
dollars, or imprisoned in the county jail not exceeding one 
year, or both, in the discretion of the court, 

§ 94. The legislature, in joint meeting, shall hear and 
determine cases of contested elections of governor and lieu- 
twiant governor, secretary of State, auditor of public ao- 
eonnts, treasurer, superintendent of public instruction, and 
attomey-generaL The meeting of the two houses, to decide 
upon such elections, shall be held in the ball of the house 
of represeutatives, and the speaker of the house shall pre- 
side. 

§ 96. The senate and house of representatives shall sev- 
erally hear and determine contests of the election of their senaton and 

roprmoDtitfB 

respective members. 

§ 96. The supreme court shall hear and determine con- 
tests of the election of judges of the supreme court, clerks va^^Snew/rt 
of the supreme court, judges of the circuit court, judges of 
the superior court of Cook county, members of the State 



ard of eqnalizMtion ; bat no judges of the sopreme court 

all Bit open the healing of an v case in which he is a party. 

§ 97. The circuit conrta of the respectiTe counties shall 

ar and detennine oontests of the election of the judges of 

B count; court of their conotiea, and in-regard to the re- 

jval of county seats, and in r^ard to any other snl^ect 

lich maj hj lav be sabmiited to the rote of the people 

the county. 

g 98. The conn^ oonrt shall bear and detennine cou- 

ita of election of all other connty, townahip and prennct 

icen, and all other officers for the contesting of whose 

iction no provision is made. 

§ 99. Wtaen any elector shall desire to contest the eleo- 

m of governor, lieateoaot govemoi^ secretary of State, 

ditor of public accounts, treaaurer, supeointendent of pob- 

! ioBtmction, or attorney-general, he shall, within ten days 

:er the result of the elecdon shall have been determined, 

esent a petition to the general assemUy, setting forth the 

ints on which he will contest such election, and praying 

r leave to produce his proo£ 

g 100. The general assembly shall appoint a joint com- 

ittee to take the testimony on the part of the ]>etitioner, 

d the person whose place is contested. 

g 101. The committee so appointed shall have power to 

nd for witnesses, and compel the attendance of witnesses 

d the production of papers, issue commissions nnder the 

nd of its chairman, to any officer anthoiized to take dep- 

itions in other cases, to take the depouition of witnesses 

on the points set forth in the petition, st such time and 

ice as the commission shall direct. 

g 102. Keasonable notice shall be given by the party in 

loee liavor the deposition is to be taken, to the opposite 

rty, of the time and place of taking the same. 

g 103. Mo testimony shall be taken except np(a the 

ints set forth in the petition. 

I 104^ The committed shall report theiiacla*to the house, 

i a day shall be fixed by a joint reaoIutioQ for the meet- 

; ot the two houses to decide upon the same, in which 



26 

m 

deeision the yeaa and ngja shall be taken and entered upon 
the jonrnal. "^ 

§ 105, The election of any member declared duly elected Members of 

. , , * . /i the legislature 

to a Beat m the senate or honse of representatives of the gen- 
eral assembly, may be contested by any qualified voter of 
the county or district to be represented by such senator or 
representative. 

§ 106. The contestant shall, within thirty days after the Notice of eon- 
result of the election shall have been determined, serve on 
the person* whose election he will contest, a notice of his in- 
tention to contest such election, expressing the points on 
which the same will be contested ; and shall, Also, on or be- ^ 
fore the next session of the general assembly, deliver a copy 
of such notice to the secretary of State. In case the person 
whose election is contested is absent, or cannot be found, 
service may be had by leaving a copy of such notice at his 
usaal place of residence. 

§ 107- Whenever a notice shall have been given of in- Teetimony. 
tention to contest an election, as provided in the preceding 
section, either party may proceed to take testimony of any 
witness before any judge, justice of the peace, clerk of a 
court, master in chancery, or notary public, on giving to the 
adverse party or his attorney ten days' notice of the time 
and place of taking the same, and one day in addition there- 
to (Sunday inclusive) for every fifty miles' travel from the 
place of residence of such party to the place where such 
deposition is to be taken. If the party entitled to notice re- 
Bides in the county where the deposition is to be taken, five 
days' notice shall be sufficient. 

§ 108. The officer before whom depositions are taken Papers and 
shall have power to compel the production of papers, and 
the attendance of witnesses ; and the same proceedings may 
be had to compel the attendance of witnesses, as are pro- 
vided in the cases of taking depositions to be used in courts 
of law and equity. 

§ 109. A copy of the notice to take depositions, with ^Jj"^?^***^® 
proof of the service thereof, with the deposition, shall be 



•ealed up and tnuisinitted bj mail, or ofherwise, to tlie eee- 
retary of State, with an indonement thereon, showing the 
names of the ecmteeting parties, die office contested, and the 
natuv of the papers. 

'^^oSmi ^ ^^^' The aecretaty of State shall ddiver the copj of 
the notice deposited with him by the contestant, and the 
depositions, unopened, to the presiding officer of the branch 
of the general assembly to whidi the contest relates, on or 
^ before the seocMid day of its session next after the receipt of 
the same ; and the presiding ofEoer shall immediately gire 
notice to his house that soch papers are in his possession. 
OnmmiioM § HI. Nothing herein contained shall be construed to 

flMemblxr^ abridge the right of either branch of the general assembly 
to grant commissions to take depositions, or to send for 
and examine any witnesses it may desire to hear on ench 
trial. 

wtaomajoon- § US. The election of any person declared elected to 
any office other than goTemor, lieutenant goyemor, secre- 
tary of State, auditor of public accoonts, treasurer, superin* 
tendent of public instruction, attorney-general, senator or 
representative, may be contested by any elector of the State^ 
judicial division, district, county, town or precinct in and 
for which the person is declared elected, 
statement of § ^^3* The persou desiring to contest such election 

fSSui ^ ^^^' shall, within thirty days after the person whose election is 
contested is declared elected, file with the derk of the proper 
court a statement, in writing, setting forth the points on 
which he will contest the election, which statement shall be 
verified by affidavit in the same manner as bills in chancexy 
may be verified. 

Soniinoiit.: § 114* Upon the filing of such statement, summons shall 
issue against the person whose office is contested, and he 
may be served with process, or notified to appear, in the 
same manner as is provided in cases in chancery. 

Brideaoe. § 115. Evidence may be taken in the same manner, and 

upon like notice, as in cases in chancery. 

TtM. § 116. The case shall be tried in like manner as cases 

in chancery. 



87 

§ 117; Any five electors of the county may contest an ^j^J^ ^l 
election upon any sabject which; may by law be submitted ^^'/^ ^ ® ' " 
to a Tote of the people of the county, upon filing in the cir- 
cuit court, within thirty days after the result of the election 
shall have been determined, a written statement in like form 
as in other cases of contested elections in the circuit court 
The county shall be made defendant, and process shall be 
served as in suits sgainst the county ; and like proceedings 
fihall be had as in other cases of contested elections before 
such court 

§ 118. In case the county board shall fail or refuse pi^^^teS** *" 
perly to defend such contest, the court shall allow any one 
or more electors of the county to appear and defend, in which 
case the electors so defending sh^ll be liable for the costs in 
case the judgment of the court shall be in favor of the 
contestant 

§ 119. The judgment of the pourt^in oases of c<»itested judgment of 
electicm, shall confirm or annul the election according to the ^'^^ ^^^^^'^ 
light of the matter ; or« in case the contest is in relation to 
the election of some person to an ofiSce^ shall declare as 
elected the person who shall appear to be duly elected. 

§ 120. If it appears that two or more persons have, ormeotton to be 
would have bad if the legal ballots cast or intended to be lot. ^ 

cast for them bad been counted, the highest imd an equal 
number of Totes liiMr the same office, the persons receiving 
such votes shall decide bj lol, in such manner as the court 
shall direct, which of them shall be declared duly elected ; 
and the judgment shall be entered accordingly. 

§ 121. A certified copy of the judgment of the courts oerttsed wy 
shall have the same effect as to the result of the election as ^ ^^'^ 
if it had been so declared by the canvassers. 

§ 192. When the person whose election is contested is j^ ^^^ ^f dto- 
fonnd to have recdved the highest number of legal yotes, <!"•"*»**•»• 
l>ut the election is declared null by reason of legal disquali- * 
fication on his part, or for other causes, the person receiving 
the next highest number of votes shall not be declared 
elected, b^t the election shall be declared void. * 



J 



S8 

Ai^peate. § 123. In all cases of contested elections in the circuit 

coorts or oouoty courts, appeals may be taken to the su- 
preme oonrt in the same manner, and upon like conditions 
as is provided by law for taking ap]>eals in cases in chancery 
from the circnit conrts. 

SB6IQHATION8 AHD YAGAHOIXS. 

§ 124. Besignations of electiye offices shall be made to 
the officer, conrt or county board authorized by law to fill 
a vacancy in such office by appointment, or to order an 
election to fill such vacancy. 

§ 125. Every elective office shad become vacant oa the 
happening of either of the following events, before the ex- 
piration of the tenn of such office: . 

^rst — ^The death of the ineambent 

Second — His resignation. 

ITtird — His becoming insane. 

Fourth — ^His ceasing to be an inhabitant of the State ; or, 
if the office is local, his ceasing to be an inhabitant of the 
district, county, town or precinct for whidi he was elected. 

Fifth — ^His conviction of an infamous crime, or of any 
offense involving a violation of official oath. 

Sixth — ^His removal from office. 

Seventh — His refusal or neglect to take his oath of office, 
or to give or renew, his official bond, or to deposit or file 
such oath or bond within the time prescribed by law. 
• Eighth — ^The, decision of a competent tribunal declaring 
his election void. 
Tacuwiflsto § 126. Whenever it is alleged that a vacancy in any 
be filled. ofjce exists, the officer, court, or county board whose duty 
it is to fill the vacancy by appointment, or to order an elec- 
tion to fill such vacancy, shall have power to determine 
whether or not the facts occasioning such vacancy exist 
In offloe of § 127. In case of vacancies in the offices of governor and 
ueutenant lieutenant governor, the officer performing the duties of the 
office of governor, or if there is no such officer, the secretary 
of State shall issue a proclamation appointing a day for a 
special election to fill such vacancies ; and shall issue a writ 



29 

of election to the county clerks of the Beveral counties inl2ie 
St^te, and shall also, when necessary, call a special session 
of the general assembly to canvass the votes cast at snch 
election ; hnt if snch vacancy shall occur not more than 
ninety days before a general election for members of the leg- 
iBlature, the vacancies shall be filled at such general elec- 

« 

tion, in which case no special session of the general assem- 
bly to canvass the votes shall .be deemed necesssuy. 

§ 128. When a vacancy shall occur in the office of sec- secretarj of 
retary of State, auditor of public accounts, treasurer, attor- er state offi- 
ney general, superintendent of public iustructioQ, or member 
of the State board of equalization, the governor shall fill the 
same by appointment, and the appointee shall hold his office 
dnring the remainder of the term, and until his successor is 
elected and qualified. . 

§ 129. When a vacancy shall occur in the office of sena- vaoancr in 
tor or representative in the general assembly, it shall be the tonjind'rep^ 
duty of the county clerk of the county in which the member "^°** ^^' 
whose office is vacant resided, to notify the governor of such 
vacancy. Whereupon the governor shall issue a writ of 
election to the county clerk or clerks of the county or coun- 
ties in which the vacancy is to be filled, fixing a day upon 
which an election shall be held to fill such vacancy; but un- 
less the general assembly shall be in session at the time the 
Tacancy occurs, or there shall be a pession between the time 
at which the vadancy occurs and the next succeeding gen- 
eral election, no special election shall be ordered to fill such 
vacancy. 

§ 180. . When any vacancy shall occur in the office of rep- 
resentative in congress from, this State, the governor shall tive in oon- 
issoe a writ of election to the county clerks of the several 
counties in the district where the vacancy exists, appointing 
a day to hold a special election to fill such vacancy. 

§181. When a vacancy shall occurin the office of judge j„^,, ^, 
of the supreme court, judge 6t the circuit court, judge of the «n»t8. 
superior court of Cook county, or judge of the county court, , 
the clerk of the court in which the vacancy ^sts shall no- 
tify the governor of such . vacancy. If such vacancy shall 



>cear within one year befora the expiration of the t«nn of | 
■he office made vacant, the goremor shall fill such vacancy 
jy appointment ; bnt if the nnezplred term exceeds one 
rear, the governor ehalt isene a writ of election, as in other 
»Bes of vaoandea, to be filled by election. 

§ 182. When a vacancy aball occur in the office of clerb 
}f the Bnpreme eottrt, dei^ of the circnit conrt, derk of the 
raperior court of Cook connty, or clerk of the county court, 
irithin one year before the expiration of the term of an office 
made vacant, the vacancy shaU be filled by appointment by 
libe court, orthe jndge or judges of the conrt to which the 
[tffice appertaiuB ; but if the unexpired term exceeds one 
fear, the governor shall issue a writ of election, as in other 
Eases of vacancies, to be filled by election. 

§ 138. When a vacancy shall occur in the office of 
wan^ c<»nDU8Bioner, State's attorn^, sheriff, coroner, 
jonnty clerk, recorder of deeds, oonnty treasurer, connty 
mrveyor, juaHce of the peace, constable, or other county or 
[trecinct officer not otherwise provided for by lav, within 
>nd year before the expiration of the term of such vacant 
iffiee, the vacan^ shall be filled by appointment, by the 
jOQDty board of the county in which the vacancy exists ; 
bnt if each nnexpired term exceeds one year, the county 
slerk, or in case of a vacancy in his office, the chairman of 
the county board shall issue an order appointing a day for 
ui election to fill such vacancy, and cause noUce thereof to 
be given, as in other caaes of election. 

TO WEAT BLEOTlOira TBH AOT MAX AfPLT. 

§ 184. The provisions of this act shall apply, aa far as 
practicable, to all eleetiona in the State, whether general, 
jpecial, local or mnniapal, except so ikr as they are modi- 
tied or contravmed by olher legal enactments. 



g 181. The following acts an hereby repealed : Chap- 
ter thirty-eevm, of the Bevised Statutes of 1845, entitled 
'*£lections ;" an act entitled **An act to amend the seventh 



81 

section of the thirty-Beyentli chapter of the Revised Laws of 
1845, in relation to elections," approved February 23, 1847 ; 
an act entitled "An act to provide for the mode of voting bj 
ballot, and for the manner of returning, canvassing and cer- 
tifying votes," appvoved February 12, 1849 ; an act enti- 
tled "An act to provide for the filling of vacancies in cer- 
tain county offices," approved November 6, 1849 ; an act 
entitled "An act to prevent illegal voting at elections," ap- 
proved February 21, 1861 ; an act entitled "An act to pro- 
vide for ascertaining the qualification of voters, and to pre- 
vent fraudulent voting," approved February 22, 1861, 
and all other aets inconsisted with the provisions of this 
act : Provided^ that this section shall not be construed so as 
to affect any rights or causes of aetion that may hare ao* 
emed before this act ahall take effect 
Afpbovbd April S, 1S72. 



EEGISTRT LAW. 



' ACT rOB THE BEGISTBT OP ELGCTOBS USD TO FBKTSST 
FBAUDULEKT TOTDiQ. 

BnmoH 1. Beit mooted hy the P«^ of the State of 
inoia, repretaUad in the General Ateembly, That the 
rsoas anth<»i«d b; law, or appointed pareosat to any 
ni or city ordinance, to act as jndge* or inspectore of 
ictioQS in any town, city or ward, or other election district 
precinct in this State, (except the moderator of the town 
ieting, in towns adopting township organization,) shall 
istitnte a "board of registry" for their respectiTe towns, 
lee, wards, districts or precincts, and shall meet on Tnes- 
Yf three weeks preceding any State, eonnty, city or town 
etion, (except "town meetings" in towns adopting the 
rnsbip organization law,) at nine o'clock a. u., and pro- 
id to make a list, as hereinafter prescribed, of all persons 
alified and entitled to vote at the ensoing election in the 
ction dietrict of which they are jndges or inspectors ; 
lich list, when completed, shall constitnte and be known 
he "register of electors" of said election district ; and said 
ird may continne their session, for the purpose of making 
d list, two days, if necessary : Provided, that at the last 
ction in said district, prior to said meeting, the number 
votes cast in said district exceeded two hundred. 
\ 2. Said registers shall each contain a list of the i>ei^ 
IS BO qualified and entitled to vote in said election district, 
ihabetically arranged, according to their respective sar- 
nes, so as to show, in one column, the name at fiiU 
igl^ and in aootiier eohunn, in dtiee, the lesidenoe, by 
I number of the dwelling, if there be a number, and the 



88 

name of the street or other location of the dwelling place Beetdenoe of 
of each person. It shall be the duty of said board to enter 
in said lists the names of all persons, residing in their elec- 
tion district, whose name appears on the poll list kept in 10 
said district at the last preceding election ; in dties the 
nnmber of the dwelling and name of the street or other 
location, if the same shall be known to, or can be ascertained 
by such board ; and for this purpose, said board are author- 
ized to take from the ojBEice in which they are filed, the poll 15 
lists made and filed by the judges or inspectors of such 
district, at the election held next prior to the making of such 
register. In making said list, the board shall enter thereon, 
in addition to the names on the poll list, the names of all 
other persons who are well known to them to be electors in 20 
said district ; and the names of all persons on the poll liBt^^^^^Q^^i^ 
who hare died or removed from the district shall be omit- ^^^ ^^• 
ted from said register. The said board shall complete, as 
far as practicable, the said register on the day of their meet- 
ing, aforesaid, and shall make four copies thereof, and 25 
certify the register and each of the copies to be a true list copies ot uei. 
of the voters in their district, so far as the same are known 
to them. Within two days thereafter, the said original 
list, together with the list taken from the o£Bice, as afore- 
said, shall be filed by said board in the ofEice of the town 30 
clerk of the town in which said election district may be ; 
but in counties not adopting township organization said list j^^g^ ^^^^ 
shall be filed with the judges or inspectors of election of ^^' 
the proper district, or if such election district is in a city, 
ihen it shall be filed in the o£Sice of the city derk of said 
city ; and one copy of said list shall be kept by each of said 35 
judges or inspectors, and carefully preserved by him for 
their use on the day or days hereinafter mentioned, for the 
revision and correction of the same. One copy of said list aq 
shall, immediately after its completion, be posted in some 
conspicuous place where the last preceding election in said 
district was held, and be accessible to any elector who may 
desire to examine the same or make copies thereol Any ^^^|^e uSu 
person who shall take down, tear down or de&ce any list^ or copy. 



J so poBted, shall be deemed ffidlty of mitdemeBnor, and shall 
l>e ponished b; a flne of fiftj dollars, or byimpriBonmentia 
the coanty Jul for t^e term ctf sixty days, or by both fine 
and imprisonment. The board may, in their discretion, 

) canse printed cofnes of said list to be posted op in Bnch 
places as they may direct, and may canse the same to be 
pnblished in some nevspaper in the county in which sntA 
district is situated, at an expense not exceeding one cent for 
each name on said list 

[ § 3. In case a new election district shall be formed by 

J the organization of a new town, or by the division of any 
town or ward, or the iacorp<H«tion of a dty or t^wn, the 
judges or inepectare of the election in the new district thu 

i formed, may make their registry of electors on the day jxe- 
BCribed by this act, in snch manner as a majority of them 
may direct, and for that pnrpose may make a list, or canse 
to be made, a certified copy of the poll list or lists of the 
districts in which sach new district is situated, or they may 

> dispense with sach list or lists, and proceed to may a regis- 
ter of electors from the best means at their command. Said 

'lists shall only embrace the names of sach persons aS are 
known to them to be electors In their district, and shall be 
posted np and copies thereof made, as prescribed in the 
preceding section, and shall be corrected in the same man* 

' ner that other lists are corrected. 

[ § 4. The said board shall again meet on Tbesday of the 
week preceding the said electjons, in their reepective elec- 
tion districts, St the place designated for holding the polh 
of the election, for the pnrpose of revising, correcting, and 
completing said lists, and for this pnrpoee in cities, they 
shall meet at eight o'clock in the miMiiing, and rem&m in 

' session nntil nine o'clock p. m. of that day, and ^e day 
following ; and in other districts they shall meet at nine 
o'clock in the morning and remain in session nntil fonr 
o'clock p. K. of that day. 

% 5. The proceedings of said board shall be open, and 
all persons residing and entitled to Tote In said distriot, 



36 

shall be entitled to be heard by said board in relation to proooediDBi . 
eotrecttoBfl or additions to said register. One of the lists ^ ^ ^^^' 
80 kept by the judges or inspectors, as aforesaid, shall be 
used by them, on the day or days of making corrections or 5 
additions, for the purpose of completing the registry for 
Back district 

§ 6. It shall be the daty of said board, at their meeting 1 
-for reusing and correcting said lists, to erase therefrom the m^MtM m^ 
same of any person inserted therein, who shall be proved 
by the oath of two legal voters of said district, to tibe satis- 
fiuAion of said board, to be non-resident of said district, or 5 
otherwise not entitled to vote, in said district, at the election 
then next to he held. Any elector residing in said district, 
and entitled to vote therein, may appear before said board 
and reqnire his name to be recorded on said alphabetical 
list. Any person so requiring his name to be so entered on ^^ 
eaid lists, shall make the same statement as to the street and 
nnmber thereof, and where he resides, required by the pro- 
visione of this act of persons offering their votes at elections, 
and shall be subject to the same penalties for refusing to^^^n^toi^e 
give snch information, or for falsely giving the same, and 15 ' 
diall also be subject to challeDge, either by the judges or 
inspectors, or either of them, or by any other elector whose 
name appears on said alphabetical list ; and the same oaths 
may be administered by the judges or inspectors as now 
provided in case of persons offering to vote at an election ; 
and in case no diallenge is made of any person requiring 
his name to be entered on said alphabetical list, or in case 
of challenge, if such person shall make oath that would Names may be 
entitle him te vote in case of eoallenge at an election, then of appuoimt. 
Uie name of any such person shall be added to the alpha- 25 
betieal poll list of the last preceding year. 

§ 7. After said lists shall have been fully completed, the 1 
said board shall, wlditu three days thereafter, cause four certified oop- 
copies of the same to be made, each of which shall be certi- 
fied by them to be a correct list of the voters of their dis- 
trict ; one of which shall be filed in the office of the town 5 



A of tomiB, and in the office otatj deib in dties; ani 
B of which copies ihill be detivered to each of Bud jodges 
inepecton. It ahall be the Anty of the said jndgea or 
ipecton to receiriDg anch lists, cmrefblly to preserve the 
d lists for their use on election day, and to deugnate two 
their number, at the opening of the polls, to check the 
me of every voter voting in snob district whose name is 
the register. No vote shall be received at any State, 
anty, town or dty election in this State, except at town 
leting in towns adopting the township organisi^on law, 
the name of the person offering to vote be not on the said 
pster, made on the Tuesday or Wednesday preceding the 
iction, nnless the person offering to vote shall fnmisb to 
) jndges of the election his affidavit, in writing, stating 
irein that he is an inhabitant of said district and entitled 
vote therein at snch election, and prove by the oath of a 
oseholder and registered voter of the district in which he 
era his vote, that he knows sooh person to be an inbabi- 
it of the district, and if in any city, giving the reeideuce 
BDch person within said district. The oath may be 
miniatered by one of the jadges or inspectors of the elec- 
n, at the poll where the vote shall be offeied, or by any 
ler person anthorized to administer oaths, bnt no peraon 
ill be anthorized to reoeire oompeasation for administer* 
i; the oath. Stud oath shall be preserved and filed in the 
ice of the town or city elerk, or in case there be no clerk, 
m said oath ahall be filed with and preserved by the 
Iges or inspectors of the proper district Any peraon 
ly [be] challenged, and the same oaths shall be pnt as 
« are or hereafter may be prescribed by law. 
g 8. The clerks at each poll, in addition to the duties 
w prescribed by law, shall enter on the poll list, kept by 
am, in oolomns prepared for that porpoee, opposite the 
me of each person voting, the same statement or minnte 
hereinbeibre required of the board in making the r^;istry ; 
t such entry is not to be made by them if the registiy 
itains correctly the name and residence of snch voter ; 
1 in all cases said clerk shall enter in a column opposite 



37 

the name of each pereon not registered, the words ^^not 
registered." In cities, every elector, at the time of offering lo 
his TOte, shall trnlj state the street in which he resides, and ^iiere name 
if the house, lodging or tenement in which he resides is notre8^ter*d 
nombered, the number thereof. And the clerks of the polls, 
in ease the name of such elector is not registered, shall truly 
enter in the appropriate column of the poll list, opposite the IS 
name of the elector, the street in which the elector resides, 
and the number, in ease the house, lodging or tenement is 
numbered ; and if the same is not nombered, then the clerk 
shall enter '%ot numbered" in the column of the poll list 
for entering the number. In case of refusal to make the 20 
statement as aforesaid, the vote of such an elector shall not when vote 
be received. Any person who shall willfully make any false jeoted. '^ 
statement in relation thereto, shall be deemed guilty of mis- False atate- 
demeanor, and shall, upon conviction, be punished with a puiuahed. 
fine of fifty dollars, or by imprisonment in the county jail 25 
in the county for a period of ten days, or by both such fine 
and imprisonment. 
§ 9. After the canvass of the votes, one of said poll lists 1 .. ^ . 

^ ' * Poll books— 

and said register so kept and checked as aforesaid, shall be where med. 
attached together, and shall, on the following day, be filed 
in the town or city clerk^s office (as the case may be) in 
which said district may be, or in case there be no such clerk 5 j 

then such poll lists and register shall be filed with and pre- 
served by the judges or inspectors, to be used by the board 
of registry in making the list of voters at the next election ; 
the other of said poll lists and registers, so kept and 
checked, (except in town and city elections,) shall be re- 10 
tnmed to the office of the county clerk in the county in 
which said district may be, at the same time the returns of 
the election are made. 

§ 10. The said board may, if necessary, on the day or ^ 
days of the makinfi" and of the corrections of such lists, ap- Board may ap- 

. , , point olerk. 

point a clerk to assist them in the discharge of their duties 
required by this act ; and the same oath shall be taken by 
sndi clerk as is required by law of clerks of the polls or of |. 
elections. 



^ 11, The regiBters shall at all times be open to public 
ipectioD, at the office of the suthoritieB in which they 
ill be deposited, without charge. 

I T2. The members of the board of registration and their 
r^B ehall each receive the same compeDBatiou as ie nov 
owed by law for judges or isepectors of elections, for each 
y actually employed in the makiog and completion of tho 
;i8try, to be paid to them at the time and in the manner 
which they are paid their other fees. 
^ 13. The said board shall have and ezerdae the same 
vers in preBerving order at their meetioga, under this act, 
are given to judges or inspeclora of elections for preserv- 
i; order on election dayB; and Tacanciee in said board ehall 
filled in the Bame manner that Tscancies are now filled 
electiouB. 

g 14. Any person who shall canae his name to be regis- 
ed in moie than one election district, or who shall cause 
[ name to be registered, knowing that he is not a qualified 
ter in the district where said re^stry is made, or who 
ill falsely personate aoy registered voter ; and any person 
ising, aiding or abetting any persoD, in any manner, ia 
her of said acts, shall be punisiied for each and every 
ense, by imprisoomeut in the State prison for not lees than 
e year. All intentional false swearing before said board 
registration shall be deemed willful and corrupt peijury, 
if OD couTictioD, punished as such. If any member or 
icer of said board shall willfully violate any of the provi> 
us of this act, or be guilty of any fraud in the execution 
the duties of bis office, he shall be pnniehed for each sud 
ery offeuae by imprisonment in the State prisou for not 
« than one year- 

Seotlom Uud IBrepealed. See leiMlanUS, General Blootloo lAW, ISIS. 
^ 17. The secretary of State shall caase this law to be 
nted ia pamphlet form, with suitable forms and instrnc- 
ns for carrying it iuto efiTeet, together with the geoeral 
ictioQ law of the State, and a sufficient number of copiea 
jreof sent to each county clerk in every county in tliis 
ite to supply each of the officers named in this act with a 



89 

copy. And it shall be the duty of each of said clerks to im- 
mediately transmit a copy of the same to each of the judges 
or inspectors of election in his county. 

.§ 18. The necessary blanks for making the registers re- 1 
quired by law shall be prepared by the secretary of State, 
and transmitted to the persons entitled to receive them, in 
the same manner that blank returns of elections are now 5 
transmitted. 

§ 19. Nothing contained in this act shall be construed 1 

Roldiers 

in any manner to affect the provisions of any act that has vote. 
been or may be passed at the present session of the general 
assembly, to enable the qualified electors of this State, absent 
therefrom, in the military service of the United States, in 
the army or navy thereof, to vote. 

I SO. This act shall be in force from and alter its pas- 
sage. 

Appbovsd February 15, 1865. 



INSTRUCTIONS 



DUTIES OF JUDGES, (ob <<nrePBCioB8.'0 
' The tliree judges of election (appointed bj the oonntj board or con* 
Btitnted, by law, in counties now under township oiganization) are 
made a ^Boakd ofBboibtbt,'' respectiyely, at each poll in each precinct 
or ward. 



IT n THSn DUTT, 



Mrst — ^To meet on Tuesday, three weeks before any election, at nine 
o'clock, A. M. {See section 1, lines 9 io 13.) 

To obtain from the office of the county derk the ^poll lists,^ ^'of such 
prednct" or poll, '^made and filed at the last election held in said pre- 
cinct" {See section 2, lines 14 io 16.) 

To appoint a clerk, if necessary, and cause him to take the oath re- 
quired by the statute for derks of election. {See section 10.) 

To preserve order at their meetings, as prescribed in sections 43, 44 
and 45, of Election Law of 1872, page 9. {See section 13, lines 1 io 4.) 

Second — To make from the **poll lists'* a "Eegister of Voters," 
whidi shall contain the names (alphabetically arranged) of each and 
eyery known voter' now living in said product and entitled to vote at 
said polL Said ^^Begister'' to be completed in ohe day, where the 
number of votes given at the last election was not more than two 
hundred, (200,) and to be completed, induding four (4) copies ' 
thereof^ in two (2) days, in every other case. {See section 1, lines 
19 io 21.) 

To certify, in writing, upon each, that it is a ^^true list of the voters, 
in their prednct, entitled to vote at their poll, so far as known to 
them.^ {See section 2, Unes 24 to 28.) 

TMrd — Within two (2) days after completion, [before Friday 
night] — 

To leave with the derk of the township, village or city, where such 
exist) the ^^poU lists," taken from the office of the county derk, and the 



41 

m 

^'original Segister of Yoters ;'' and in precincts where there is lio 
derk of township, yillage or city, to leave the said ^^11 lists'' and the 
''original Segiater" with one of the 'fudges of electi6n.'' 

To keep carefully, each, one copy of the "Register of Voters.'' {See 
HcUon S, Une8 36 io 40. [2%i8 wiUy m some caseSy give one qftAe 
judges the criginaly and one copy of the ^^Regieter " <md the ^^poU 

To post up in the most public and proper place, in the precinct, poll 
district, or ward, one copy of the "Register of Voters," so that any vo- 
ter may examine the same, or makes copies thereof. [TTie fine for 
tearing^ defacing^ aHUri/ag or taking down this copy is fifty dollars 
($50,) and imprisonment sixty (60) daysJ] Section S, page 26, lines 
40^54. 

Fourth — ^To meet again on Tuesday, the next before the election, at 
eight o'clock a. m., at their respective polls, and publicly make all 
necessary corrections and additions to ovs of the copies of the 
''Register of Voters." {See sections 4 and 5.) [Said correciions and 
the manner of making them are distinctly set forth in section 6, lines 1 
io 7, and Unes 10 to 13.] But no name can be added, except upon the 
demand of the person himself, and then only after his making a true 
statement of where he lives, name of street, if in a dty, and number of 
house, if numbered. 

To prevent, as far as possible, in their power and knowledge, all and 
every fraudulent registry of any and every name ; all and every du- 
plicate registry of the same name to the same person, and all and 
eveiy attempt at such frauds. {See section 6, Unes 15 to 18, and 
wdion 14, lines 5 to 9.) [The penalty for frauds of this hind is imr 
pr%sonm>ent for okx tsab.] {See section 14^ Unes 1^9, and seetion 6, 
lines 14 and 15.) 

To preserve order at their meetings, as prescribed in sections 43, 44 
and 45 of Election Law of 1872, page 9. {See section 13, Unes 1 to 4.) 

JFtfih — ^Within three (3) days after the completion of the corrected 
"Register of Voters," to make (or have made) four (4) copiesof thec»f- 
fee^{2"Register;" to certify, in writing upon each copy, that "it is a 
cerrectlist of the voters of their precinct (or ward) at their poll." 

To leave one of said ^^correct lists^^ with the town clerk, in counties 
^th township organization, with the city clerk, or derk of the village, 



43 

where such corporations exist ; with the ooontj clerk where such do 
Dotecdst 

To retain one copy, each, for his own use ^^n election day," and 
carefolly preserve it, without blot, erasure or change. {See wcHan 7, 
lines 1^9.) 

Sixth — On ^election day," before opening the poUs:— 

To fill any vancanc^ which may be, or occur, in their nunaber, 
(three) as prescribed in section 86 of Election Laws of 1872, page 8. 
{See section 13, lines 4 and 5.) I7%ere must in all oases be three 
^^udges (jfdectunC^ — inspectors,'] 

To select two of the judges, who shall ^*^checky^ each on his own reg- 
ister, the name of each and every voter, inunediately, when he has 
voted. {See section 7, lines 10 to 18.) 

To mark upon each and every ballot its number, the same as shall be 
kept by the **clerks of election," and before depositing it in the box. 
{See Election Law of 1878, page 11, and section 65, lines 6 to 9.) 

To preserve order at the polls, as prescribed in section 43 and 45 of 
Election Law of 1872, page 9. {See section 13, lines 1 to 4.) 

To remain at the polls, ^HmtHotU adjournment or recesSy^ until all the 
ballots cast shall have been counted, and the number of ballots *^pub- 
licly announced." {See section 56.) 

To reject every vote offered by any person whose name is not upon 
the ^^ Corrected liegister^^ xnsmL he '^shall furnish, in writing^ hisa£9da- 
tit that he is an inhabitant of said precinct, that he is entitled to vote 
at said poll ;" and until he shall ^*prove by the oath of a householder," 
^who shall be a registered voter," (of the same precinct, and entitled 
to vote at the same poll,) that he is an inhabitant of said precinct and 
entitled to vote at said poll ; and who shall also, correctly and 
truly, state where said person offering to vote resides, giving name 
of street, if in city, and number of house, if numbered. {See section 7, 
UneslZtoib.) 

To deliver said affidavit, immediately after election, and on the same 
day, to the clerk of the county, or town, or dty, or village, as the case 
may require. {See Instructions, Fifiky and section 7, Unes 30 to 33.) 

Seventh — ^To reject the vote of any and every person who shall 
^'refuse to make a tbux statement," when asked by any one having the 
right to demand it, and of any and every person who shall make a 
&lse statement, where he resides, giving the name of the street, if in a 



48 

city, and the ntiinber of the house, if numbered. {See section 8, lines 
20 to 23.) IThe penaUyfar making a fdUe statemerU is ajme of Jiffy 
dollars ($50) and imprisonment ten (10) days.] 

Eighih — After the ^'canvass of votes," (as provided in the Statutes, 
page 11, section 57) — 

To attach to each of the two registers, which are ^^eheohed^^^ one of 
the poll lists (made by the clerk of Mri9< election.) 

To leave one of said ^^cAeoked^^ registers and poll lists with the clerk 
of the county, or town, or city, or village, as the case may require. 
{See Instructions^ Mfih^ and section 9.) 

To select one of the judges who shall retain onb of said ^^cheched^ 
registers and poll list, and carefully keep it, without Uot, erasure, or 
change, until the time shall arrive for making other ^'registers" for the 
next election. {See section 9.) 



rOEMS. 

Ka 1. 

OATH TO BB ADMINISTERBD TO PERSON BEQ17IRINO HIS NAME TO BE EN' 
TEBED ON THE ROISTEB,WHEN BEING BEVI8ED AND CORRECTED, IN CASE 
HIS RIGHT TO REGISTER IS CHALLENGED UNDER f 6 OF REGIBTRT LA¥r. 

Tou do solemnly ewear [or affirm] that your are a citizen of the United States, [or 
'* that yon were an elector in this State on the first day of April, A. D. 1848,** or, 
'*that yon obtained a certificate of naturalization before a court of record in this 
State, prior to the first day of January, A. D. 1870,*' as the case may be,] that you 
haTe resided in this State one year, in this county ninety days, and in this election 
district thirty days next preceding this date ; that you now reside at [here give the 
particular house or place of residence, and, if in a town or city, the street and num- 
ber] in this election district, and that you are twenty-one years of age ; so help you 
God, (or, *Hhis you do solenmly and sincere}y affirm under the pains and penalties of 
perjury, " as the case may be . ) 



No. 2. 



AVFIDAYIT TO BE MADE B7 PEBSON OFTEBINO TO VOTE, WHOSE NAME IB 
NOT ON THE *<CORRB0TED REGISTER*' AS REQUIRED BY ff 7, LINES 15 TO 
80 OF REGISTRY LAW. 

State ov Illinoib, ? , 
County. )"• 

I^ — — , do solemnly swear [or affirm] that I am an inhabit' 

sot of this district, [town, village^ precinct or ward^ as the case may be,] and that I 

im entitled to vote therein at this election, and that I reside at [here state number 

tod street, or other accurate description of place where Toter resides, if in a city,] 

Subscribed and sworn to ) 

before me this day > [Name of TOter.l 

of 187—. ) 

[Non. — ^This affidavit must bepreserred and filed as required by section 7, Hnet 
iO to 26, of the Registry Law.] 



No. 8. 



OATH TO BE A DMIN IBTEBED TO "HOUS EHOL DER AND RBGI8TEBED VOTER" 
TO PROVE THE RIGHT OF UNREGISTERED PERSON TO VOTE, AS PRE- 
SCRIBED IN ff 7, LINES 20 TO », OF REGISTRY LAW. 

You do solemnly swear [or affirm] that you know — ^ «— to be an inhabitant of 
this [city, ward, precinct, town or Tillage, as the case may be,] and that he resides at 
[heregire number and name of street, or other definite description of place of resi- 
dence, if in a city^] so help you God, [or^ ''this you sincerely declare and affirm un- 
der the pains and penalties of peijuiy.'*] 



1 



I 



46 

NoTi. — ^The making of affidarit and oath in accordance with the preceding formi, 
Noa. 2 and 8, will be sufficient to entitle an unregistered person to vote, in earn he u 
not challenged; but in case his right to vote is challcDged, and he '*is not personallj 
known to the judges of election to have the qualifications ** of a voter, as prescribed 
in sections 66 and 66 of the Election Law, it will be necessary for the yoter to make 
and file an affidavit to prove his right to vote, by witnesses, in accordance with sec* 
tions 67 and 68 of the Election Law, which are as follows:* 

§ 67« Whenever, at any general or special election In any precinct, district, city, 
Tillage, town or ward, any person offering to vote is not personally known to the 
judges of election to have the qualifications mentioned in the two preceding sections, 
if his vote is challenged by a legal voter at such election, he shall make and subscribe 
an sffidavit in the following form, which shall be retained by the judges of election, 
and returned by them with the poll books. 

Btats or lujnoa, I 
County of* > | "* 

I, — ^, do solemnly swear [or affirm] that I am a citisen of the 

United States, [or, <*that I was an elector on the firstday of April, ISiS," or, *<that 
I obtained a certificate of naturalisation befbre a court of record in this State, prior 
to the first day of January, A. D. ISVO^** as the case may he,] that I have resided in 
this State one year, in this county ninety days, and in this election district thirty 
days next preceding this election ; that I now reside at [here give the particular 
house or place of residence, and, if in a town or city, the street and number] in this 
election district ; that I am twenty-one years of age, and have not voted at this elec- 
tion; so help ue God, [or, ** this I do solemnly and sincerely affirm,'* as the cue 
may be.] 

Subscribed and sworn to before me ) 
this — ^ day of , A. D. 18—. J -^-~ 

§ 68. In addition to such an affidavit, the person so challenged shall produce a 
witness personally known to the judges of election, and resident in the precinct or 
district, or who shall be proved by some legal voter of such precinct or district, 
known to the judges to be such, who shall take the oath following, vie.: 

I do solemnly swear [or affirm] that I am a resident of this election precinct, [or 
district,] end entitled to vote at this election, i nd that I have been a resident herein 
for one year last passed* and am well acquainted with the person whose vote is now 
offered ; that he is an actual and bcnajide resident of this election precinct, [or dis- 
trict,] and has resided herein thirty days, and as I verily believe in this county 
ninety days, and in this State one year next preceding this election. 

Subscribed and sworn to before me ) 
thU day of , A. D. 18—. ) . 



*See last clause of § 7 of Registry Law, 



iy5t>w»> 



ELECTION LAWS 



OP THE 



STATE OF ILLINOIS, 



I 

WITH FOUMS AND INSTRUCXrONS FOR CARUYING THE 



KAME INTO EFFECT. 



wv 



Printed for the use of Election Officers, by the Secretary of State, 

in pursxuince of law. 



JAMES A. ROSE, Secretary of State. 

18V)H. 



SPRINGFIELD. ILL. 
Phillips Bros. State Printers 






ELECTION LAWS 

5 



OP THE 



STATE OF ILLINOIS, 



WITH FORMS AND INSTRUCTIONS FOR CARRYING THE 

SAME INTO EFFECT. 



Prinied for the use of Election Officers, by the Secretary of State, 

in pursuance of law. 



JAMES A. ROSE, Secretary of State. 






SPRINGFIELD. ILL. 
Phillips Bros. State Printkbs 

1898. 



MTOR, KMpX ANP 




Note.— Repealed and obsolete sections have been omitted in this edition, 
and the sections in force have been renumbered in regular sequence corres- 
ponding: with the head notes. In cities, towns and villages which have or 
may hereafter adopt the act entitled •*An act regulatini? the holding of elec- 
tions, and declarine the i*esult thereof in cities, villages and incorporated 
towns in this State,'' approved June 19, 1885, in force July 1, 1885, tnat aot 
supersedes the general registry and election laws, when in conflict with that 
act; but when not inconsistent or in conflict with the provisions of that act, 
these acts continue in force and are applicable to such cities, towns and vil- 
lages the same as if that act had not been adopted. — Section 15 of the act 
of 1885, the title of which is recited above. 

The cities of Chicago and East St. Louis have adopted the law of 1885. 



TABLE OF CONTENTS. 



CONSTITUTIONAL PROVISIONS 3 

STATUTORY PROVISIONS: 

Article I. Public Officera-When Elected 10 

Article II. Election Precincts anil Officers 15 

Article III. Registration of Electors 18 

Article IV. GompenKation of Election Officers 22 

Article V. Nomination of Candidates 22 

Article V. Notice Of Election 27 

Article VII. Ballots and Instructions 27 

Article VIII. Ballot Boxes. Booths and Poll Books 31 

Article IX. Qualifications of Voters 32 

Article X. Manner of Conduetinff Elections 35 

Article XI. Canvassing returns 40 

Article X II. Contesting Elections 42 

Article XI II. Offenses and Penalties 46 

Article XIV^. • Resigrnation and Vacancies 52 

Article XV. ConjfreHsional Apportionment 55 

Article XVI. Senatorial and Representative Apportionment. 57 

Article XVII. Judicial Apportionment 60 

Article XVIII. Primary Elections of Voluntary Associations 62 

PRIMARAY ELECTIONS in Counties of 125.000 or over 71 

FORMS Prepared in Conformity with the Provisions of the Statutes 96 

INDEX TO GENERAL ELECTION LAWS 104 

INDEX TO PRIMARY ELECTION LAWS 107 



k 



'CONSTITUTIONAL PROVISIONS IN RELATION TO 

ELECTIONS. 



Article IV. 

Time of holding.] Section 2. An election for members of the 
General Assembly shall be held on the Tuesday next after the first 
Monday in November, in the year of our Lord one thousand eight 
hundred and seventy, and every two years thereafter, in each county 
at such places therein as may be provided by law. When vacancies 
occur in either House, the Governor, or persons exercising the pow- 
ers of Governor, shall issue writs of election to fill such vacancies. 

Apportionment — senatorial. ] Section 6. The General Assem- 
bly shall apportion the State every ten years, beginning with the 
year one thousand eight hundred and seventy-one, by dividing the 
population of the State, as ascertained by the federal census, by the 
number fifty-one, and the quotient shall be the ratio of representa- 
tion in the Senate. The State shall be divided into fifty-one Sena- 
torial districts, each of which shall elect one Senator, whose term of 
office shall be four years. The Senators elected in the year of our 
Lord one thousand eight hundred and seventy-two, in districts bear- 
ing odd numbers, shall vacate their offices at the end of two years, 
and those elected in districts bearing even numbers at the end of 
four years; and vacancies occurring by the expiration of term shall 
be filled by the election of Senators for the full term. Senatorial 
districts shall be formed of contiguous and compact territory, 
bounded by county lines, and contain as near as practicable an equal 
numljer of inhabitants; but no district shall contain less than four- 
fifths of the Senatorial ratio. Counties containing not less than the 
ratio and three-fourths may be divided into separate districts, and 
shall be entitled to two senators, and to one additional Senator for 
each number of inhabitants ec^ual to the ratio contained by such 
counties in excess of twice the number of said ratio. 

Minority representation.] Sections 7 and 8. The House of 
Representatives shall consist of three times the number of the mem- 
bers of the Senate, and the term of office shall be two years. Three 
Representatives shall be elected in each Senatorial district at the 
general election in the year of our Lord one thousand eight hundred 
and seventy-two, and every two years thereafter. In all elections of 
Representatives aforesaid, each qualified voter may cast as many 
"votes for one candidate as there are Representatives to be elected, or 



may distribute the same, or equal parts thereof, among the candi- 
dates, as he shall see fit; and the candidates highest in votes shall 
be declared elected. 

Article V. 

State officers, term, residence, duties.] Section 1. The 
executive dexDartment shall consist of a Governor. Lieutenant Gover- 
nor, Secretary of State, Auditor of Public Accounts, Treasurer. 
Superintendent of Public Instruction and Attorney General, who 
shall each, with the exception of the Treasurer, hold his oflSce for 
the term of four years from the second Monday of January next 
after his election, and until his successor is elected and qualified. 
They shall, except the Lieutenant Governor, reside at the seat of 
government during their term of office and keep the jpublic records. 
K books and papers there, and shall perform such duties as may be 
prescribed by law. 

Election of state officers.] Section '6. An election for Gov- 
ernor, Lieutentant Governor, Secretary of State, Auditor of Public 
Accounts and Attorney General shall be held on the Tuesday next 
after the first Monday of November in the year of our Lord 1872, 
and every four years thereafter; for Superintendent of Public In- 
struction, on the Tuesday next after the first Monday of November 
in the year 1870, and every four years thereafter; and for Treasurer, 
on the day last above mentioned, and every two years thereafter, at 
such jilaces and in such manner as may be prescribed by law. 

Returns of election.] Section 4. The returns of every election 
for the above named officers shall be sealed up and transmitted, bj^ 
the returning officers, to the Secretary of State, directed to "The 
Speaker of the House of Representatives/' who shall, immediately 
after the organization of the House, and before proceeding to other 
business, open and publish the same in the presence of a majority of 
each house of the General Assembly, who shall, for that purpose, as- 
semble in the hall of the House of Representatives. The person 
having the highest number of votes for either of said offices shall be 
declared duly elected; but if two or more have an equal and the high- 
est number of votes, the General Assembly shall, by joint ballot, 
choose one of such persons for said office. Contested elections for 
all of said offices shall be determined by both houses of the General 
Assembly, by joint ballot, in such manner as may be prescribed by 
law. 

Article VI. 

Chief justice — election — term.] Section 6. At the time of 
voting on the adoption of the Constitution, one judge of the 
Supremo Court shall be elected by the electors thereof in each of 
said districts numbered two, three, six and seven, who shall hold his 
office for the term of nine years, from the first Monday of June in 
the year of our Lord 1870. The term of office of judges of the 
Supreme Court, elected after the adoption of this Constitution, shall 
be nine years; and on the first Monday of June of the year in whicb 



ibe term of any of the judges in oflSce at the adoption of this Con- 
stitution, or of the judges then elected, shall expire, and every nine 
years thereafter, there shall be an election for the successor or suc- 
cessors of such judges, in the respective districts wherein the term 
of such judges shall expire. The chief justice shall continue to 
act as such until the expiration of the term for which he was elected, 
after which the judges shall choose one of their number chief 
justice. 

Clerks — election — term.] Section 10. At the time of the elec- 
tion for Representatives in the General Assembly, happening next 
preceding the expiration of the terms of office of the present clerks 
of said court, one clerk of said court for each division shall be elected, 
whose term of office shall be six vears from said election, but who 
j?hall not enter upon the duties of his office until the expiration of the 
term of his predecessor, and every six years th3reafter one clerk of 
said court for each division shall be elected. 

Times of holding court— election of circuit judges.] Section 
U. The General Assembly shall provide for the times of holding 
court in each county, which shall not be changed, except by the Gen- 
tTal Assembly next preceding the general election for judges of said 
courts, but additional terms may be provided for in any county. The 
election for judges of the circuit courts shall be held on the first 
.Monday in June, in the year of our Lord 1873, and every six years 
thereafter. 

JUSTICES OF the PEACE AND CONSTABLES. 

Election.] Section 21. Justices of the peace, police magistrates 
and constables shall be elected in and for such districts as are, or 
may be, provided by law, and the jurisdiction of such justices of the 
peace and police magistrates shall be uniform. 

state's attorneys. 

Election — term.] Section 22. At the election for members of 
the General Assemblj' in the year of our Lord 1872, and every four 
years thereafter, there shall be elected a state's attorney in and for 
♦^ach county, in lieu of the state's attorneys now provided by law, 
whose terms of office shall be four vears. 

COURTS OF COOK COUNTY. 

County declared one circuit.] Section 2^^. The county of 
r ook shall be one judicial circuit. The circuit court of Cook county 
^hall consist of five judges, until their number shall be increased as 
herein provided. The present judge of the recorder's court of the 
<nty of Chicago, and the present judge of the circuit court of Cook 
county, shall be two of said judges and shall remain in office for the 
terms for which they were respectively elected, and until their suc- 
cessors shall be elected and iiualified. The superior court of Chicago 
^hall be continued, and called the superior court of Cook county. The 



iy5r)?>i> 



ELECTION LAWS 



OF THE 



STATE OF ILLINOIS, 



WITH FOUMS ASM INSTRUCTIONS FOR CARRYING THE 

SAME INTO EFFECT. 



Printed for the use of Election Officers, by the Secretary of State 

in pursuance of law. 



JAMES A. ROSE, Secretary of State 

189S. 




SPRINGFIELD. ILL. 
Phillips Bros. State Printers 



.OJ/cS. 



^ 



8 

preceding his election, and be a resident of the circuit, county, city, 
cities or incorporated town in which he shall be elected. 

Officers — term — residence — duties— vacancies.] Section 32. 
All officers provided for in this article shall hold their offices until 
their successors shall be qualified, and they shall, respectively, reside 
in the division, circuit, county or district for which they may bo 
elected or appointed. The terms of office of all such officers, where 
not otherwise prescribed in this article, shall be four years. All offi- 
cers, where not otherwise provided for in this article, shall perform 
such duties and receive such compensation as is or may be provided 
by law. Vacancies in such elective offices shall be filled by election ; 
but where the unexpired term does not exceed one year, the vacancies 
shall be filled by appointment, as follows: Of judges, by the Gov- 
ernor; of clerks of courts, by the court to which the office appertains, 
or by the judge or judges thereof; and of all such other offices, by the 
board of supervisors or board of county commissioners in the county 
where the vacancy occurs. 

Article IX. 

Municipal officers— eligibility — salary.] Section 11. No per- 
son who is in default, as collector or qustodian of money or property 
belonging to a municipal corporation, shall be eligible to any office 
in or under such corporation. The fees, salary or compensation of 
no municipal officer who is elected or appointed for a definite term 
of office shall be increased or diminished during such term. 

Article X. 

Officers' terms.] Section 8. In each county there shall be 
elected the following county officers, at the general election to be 
held on the Tuesday after the first Monday in November, A. D. 1882: 
A county judge, county clerk, sheriff and treasurer, and at the elec- 
tion to be held on the Tuesday after the first Monday in November, 
A. D. 1884, a coroner and clerk of the circuit court (who may be ex 
officio recorder of deeds, except in counties having sixty thousand and 
more inhabitants, in which counties a recorder of deeds shall be 
elected at the general election in 1884). Each of said officers shall 
enter upon the duties of his office, respectively, on the first Monday 
of December after his election, and they shall hold their respective 
offices for the term of four years, and until their successors are elected 
and qualified: Providedy that no person having once been elected to 
the office of sheriff or treasurer shall be eligible to re-election to said 
office for four years after the expiration of the term for whi?h he 
shall haVe been elected. 

Article V. 

vacancies. 

Vacancy — successor— semi-annual report of moneys.] Section 
20; If the office of Auditor of Public Accounts, Treasurer, Secretary 



t' 



9 

of State, Attoniej'-General or Superintendent of Public Instruction, 
shall be vacated by death, resignation or otherwise, it shall be the 
duty of the Governor to fill the same by appointment, and .the ap- 
jwintee shall hold his office until his successor shall be elected and 
qualified in such manner as may be provided by law. An account 
shall be kept by the officers of the executive department, and of all 
the public -institutions of the State, of all moneys received or dis- 
bursed by them, severally, from all sources, and for every service 
performed, and a semi-annual report thereof be made to the Gov- 
rnor, under oath ; and any officer who makes a false report shall be 
iruilty of perjury and punished accordingly. 

Article VII. 

SUFFRAGE. 

Qu.\LiFiCATioN OF LEGAL VOTERS. J Section 1. Every person hav- 
ing resided in this State one year, in the county ninety days, and in 
the election district thirty days, next preceding any election therein, 
who was an elector in this State on the first day of April, in the year 
of our Lord 1848, or obtained a certificate of naturalization before 
any court of record in this State prior to the first day of January, in 
the vear of our Lord 1^70, or who shall be a male citizen of the 
Ignited States, above the age of twenty-one years, shall be entitled 
to vote at such election. 

Ballot.] Section 2. All votes shall be by ballot. 

Voter privileged from arrest and military duty.] Section 3. 
Electors shall, in all cases, except treason, felony, or breach of the 
peace, be privileged from arrest during their attendance at elections, 
and in going to and returning from the same. And no elector shall 
be obliged to do military duty on the days of election, except in time 
of war or public danger. 

Residence— WHEX not lost] Section 4. No elector shall bo 
deemed to have lost his residence in this State by reason of his ab- 
?^ence on business of the United States, or of this State, or in the 
military or naval service of the United States. 

Soldier stationed here, not resident.] Section 5. No soldier, 
?^<'aman or marine in the army or nnvy of the United States shall bo 
deemed a resident of this State in consequence of being stationed 
therein. 

Qualifications for offk^e.] Section 6. No person shall bo 
elected or appointed to any office in this State, civil or military, who 
is not a citizen of the United States, and who shall not have rasided 
in this State one year next preceding the election or api:)ointment. 

Disenfranchisement for crime.] Section 7. The General As- 
sembly shall pass laws excluding from the right of suffrage persons 
convicted of infamous crimes. 



10 
STATUTORY PROVISIONS. 



public officers— when elected. 

Electors of president and vice-president of united states — 
ELECTION.] Be it enncted by the People of the Stale of Illhiois. 
represented in the Genend Assembly , That there shall be elected, 
by general ticket, on the Tuesday next after the first Monday in 
November preceding the expiration of the term of office of each Pres- 
ident of the United States, as manv electors of President and Vice- 
President of the United States, as this State may be entitled to 
elect, which election shall be conducted and returns thereof made as 
hereinafter provided: Provided, that if Congress should hereafter 
fix a different day for such election, then the election for electors 
shall be held on such day as shall be named by act of Ccmgress. 

Returns— CANVASS— TIE.] Section 2. The county clerks of the 
several counties shall, within ei^ht days next after holding an elec- 
tion for electors of President and Vice-President of the United States, 
as is provided for in this act, make three copies of the abstract of votes 
for electors, and transmit by mail one of said copies to the C|overnor, 
another to the office of the Secretary of State, and retain the third 
in his office, to be sent for by the CTOvernor in case both the others 
should be mislaid. Within twenty days after the holding of such 
election, and sooner, if all the returns are received by either the 
Governor or by the Secretary of State, the Secretary of State, Audi- 
tor of Public Accounts and Treasurer, or any two of them, shall, in 
the presence of the (xovernor, proceed to open and canvass said elec- 
tion returns, and to declare the persons having the highest number 
of votes elected; but should any two or more persons be retnrnecl 
with an equal, and the highest vote, the said Secretary of State shall 
cause a notice of the same to be published, which notice shall name 
some day and place, not less than five days from the time of the pub- 
lication of such notice, upon which the said Secretary, Auditor and 
Treasurer will decide by lot which of said persons so equal and high- 
est, is elected. And upon the day and at the place so appointed in 
said notice, the said Secretary, Auditor and Treasurer, or any two of 
them, shall, in the presence of the Governor, decide by lot which of 
the persons so equal and highest shall be elected. 

Result to be published — certificate sent to person elected. ] 
Section 3. The Governor shall cause the result of said election to 
l)e published, and shall transmit by mail, to the persons elected, cer- 
tificates of their election. 

Meeting of electors — mileage.] Section 4. The electors, 
cliosen as aforesaid, shall meet at the seat of government of this 
State, at the time appointed by the laws of the United States, and 
give their votes, in the manner therein provided, and perform such 
duties as are or may be required by law. Each elector shall receive 
for every twenty miles necessary travel in going to the seat of gov- 
ernment to give his vote, and returning to his residence, to be com- 



11 

puted by the most usual route, the sum of three dollars, to be paid 
on the warrant of the Auditor, out of any money in the treasury not 
otherwise appropriated. 

Vacancy pilled.] Section 5. In case any person declared duly 
elected an elector of President and Vice-President of the United 
States shall fail to attend at the State House, at the seat of govern- 
ment of this State, at or before the hour of twelve o'clock, at noon, 
of the day on which his vote is required to be given, it shall be the 
duty of the elector or electors of President and Vice-President, at- 
tending at the time and place, to appoint a person or persons to fill 
.such vacancy: Provided^ that should the person or persons chosen 
by the people, as aforesaid, arrive at the place aforesaid before the votes 
for President and Vice-Precident are actually given, the person or per- 
sons appointed to fill such vacancy shall not act as elector of Presi- 
dent and Vice-President. 

state officers. 

Governor, lieutenant-governor, secretary of state, auditor 
OF PUBLIC ACCOUNTS AND ATTORNEY-GENERAL.] [Section 7^ Original 
act.] Section 6. The Governor, Lieutenant-Governor, Secretary of 
State, Auditor of Public Accounts and Attorney-General shall be 
elected on Tuesday next after the first Monday of November, in the 
year of our Lord 1872, and every four years thereafter. 

Superintendent of public instruction.] [Section 8, original 
act.] Section 7. The Superintendent of Public Instruction shall 
be elected on Tuesday next after the first Monday of November,, 
in the year of our Lord 1874, and every four years thereafter. 

State treasurer.] [Section 9, original act.] Section 8. The 
State Treasurer shall be elected on Tuesdav next after the first Mon- 
day of November, in the year of our Lord 1872, and every two years 
thereafter. 

Trustees of the university of Illinois.] [Chapter 144, sections 
1 and 2.] Section 9. There shall be elected on Tuesday next after 
the first Monday of November, in the year of our Lord 1888, and 
every two years thereafter, three trustees of the University of Illi- 
nois, whose term of office shall be six years from the second Tuesday 
of March nefect succeeding the dates of their several elections, and 
until their successors shall have been elected and qualified. 

Representatives in congress.] [Section 6, original act.] Sec- 
tion 10. Representatives in Congress shall be elected on Tuesday 
next after the first Monday in November, in the year of our Lord 
1872, and every two years thereafter; but if Congress shall fix a dif- 
ferent day, then such election shall be held on the day so fixed by 
Congress. 

State board of equalization.) [Section 2f), original act.] Sec- 
tion 11. There shall be elected in each Congressional district, on 
Tuesday next after the first Monday of November, in the year of our 
Lord 1872, and every four years thereafter, a member of the State 
Board of Equalization. 



12 

State Senators.] [Section 14, original act.] Section 12. State 
Senators shall be elected as follows, to- wit: Those in districts bear- 
ing even numbers shall be elected on Tuesday next after the first 
Monday of November, in the year of our Lord 1872, and every four 
years thereafter. Those in districts bearing odd numbers shall be 
elected on Tuesday next after the first Monday of November, in the 
year of our Lord 1874, and every four years thereafter. 

Members op the house of representatives.] [Section 15, origi- 
nal act. J Section 13. Members of the House of Representatives 
«hall be elected on Tuesday next after the first Monday of November, 
in the year of our Lord 1872, and every two years thereafter. 

JUDGES. 

Judges of the supreme court.] [Section 10, original act.] Sec- 
tion 14. The judges of the Supreme Court shall be elected as fol- 
lows, to-wit: In the first, second, third, sixth and seventh districts, 
on the first Monday of June, in the year of our Lord 1879, and every 
nine years thereafter. In the fourth district, on the first Monday of 
-June, in the year of our Lord 1876, and every nine years thereafter. 
In the fifth district, on the first Monday of June, in the year of our 
Lord 1873, and every nine years thereafter. 

Judges of the circuit court.] [Chapter 37, Sections 71d and 
74.] Section 15. The judges of the Circuit Court, three for each 
circuit outside the county of Cook, and fourteen (14) in the county 
of Cook, shall be elected on the first Monday of June, in the year of 
our Lord 1897, and every six years thereafter. 

Judges of the superior court of cook county.] [Section 13, 
•original act.] Section 16. Each of the sitting judges of the Superior 
Court of Cook County shall hold his office until the expiration of the 
term for which he was elected, and from and after the passage of this 
act, the twelve (12) judges pf the Superior Court of Cook Court shall 
be elected as follows: One judge on the first Monday in June in the 
year of our Lord 1897, and every six (6) years thereafter; and six (6) 
judges on Tuesday next after the first Monday in November, in the 
year of our Lord 1898, and every six ((5) years thereafter; and four 
(4) judges on Tuesday next after the first Monday in November, in 
the year of our Lord 1899, and every six (6) years thereafter; and 
one judge on the first Tuesday after the first Monday in November, 
in the year of our Lord 1901, and every six (6) years thereafter. 
Each of the judges so elected as above provided, shall enter upon the 
duties of his office on the first Monday of December next after his 
election, and shall hold office for a term of six (6) years, and until 
his successor is elected and qualified. 

Election of county judges.] [Section 16, original act.] Section 
17. The County Judge, in each county, shall be elected on Tuesday 
next after the first Monday in November, 1882, and every four years 
thereafter, and shall enter upon the duties of his office on the first 
Monday of December after his election, and shall hold his office until 
his successor is elected and qualified. 



13 

Judges of courts of probate.] [Chapter 37, Sections 216-218.] 
Section 18. A judge of the Probate Court, in each county having a 
population of seventy thousand or more, shall be elected on Tuesday 
after the first Monday in November, at the same election at which 
the County Judge is elected, and every fourth year thereafter, and 
shall enter' upon the duties of his office on the first Monday of De- 
cember after his election, and shall hold his office until his successor 
is elected and qualified. 

Judges of city courts.] [Chapter 37, Section 244.] Section 
19. Judges of city courts shall be elected in the same manner that 
the city officers of such city are elected, but not at the same time, 
and shall hold their office for the term of four years, and until their 
successors are elected and qualified. 

CLERKS. 

I Clerk of the supreme court.] [Section 11, original act.] Sec- 

tion 20. A clerk of the Supreme Court, in each grand division, shall 
he elected on Tuesday next after the first Monday of November, in 
the year of our Lord 1872, and every six years thereafter. 

Clerk of the appellate court.] [Chapter 37, Section 20.] 
Section 21. One clerk of the Appellate Court shall be elected in 
oach Appellate Court district, on the Tuesday next after the first 
Monday in November, lb78, and every six years thereafter. Said 
clerk shall be commissioned by the Governor. 

Clerk of the circuit court.] [Section 18, original act.] Sec- 
tion 22. The clerks of the circuit court shall be elected on Tuesday 
noxt after the first Monday of November in the year of our Lord 
l'S72, and every four years thereafter. 

Clerk of the superior court of cook county.] (Section 19, 
original act. ] Section 23. The clerk of the superior court of Cook 
county shall be elected on Tuesday next after the first Monday of 
November. A. D. 1884, and every four years thereafter, and shall 
enter upon the duties of his office on the first Monday of December 
after his election. 

Clerk of criminal court of cook county.] [Section 20, origi- 
nal act.] Section 24 The clerk of the criminal court of Cook 
county shall be elected on Tuesday next after the first Monday of 
November, 1886, and every four years thereafter. 

County clerks.] [Section 16, original act.] Section 25. The 
county clerks, in each county, shall bo elected on Tuesday next after 
the first Monday of November, A. D. 18S2, and every four years 
thereafter, ana shall enter upon the duties of their office on the first 
Monday of December after their election. 

Probate clerks ] [Chapter 37, Section 228 ] Section 26. A 
clerk of probate court, in each county where such court is estab- 
lished, shall be elected at the same time as the probate jud^e is 
elected, and every four years thereafter, and shall hold his office until 
his successor is elected and qualified. 



^\ 



k«' • 



ft' ' 14 

Clerk of city cx)urt.] [Chapter 37, Section 246.] Section 27. 
There shall be elected, in like manner as judges are elected, for each 
<iity court established by law, a clerk who shall hold his office for the 
term of four years, and until his successor shall be elected and qual- 
ified. 

COUNTY OFFICERS. 

Sheriffs.] [Section 17, original act.] Section 28. The sheriflF, 
in each county, shall be elected on Tuesday next after the first Mon- 
day of November, A. D. 1882, and every four years thereafter, and 
shall enter upon the duties of his office on the first Monday of De- 
cember after his election. 

Coroners.] [Section 17, original act.] Section 29. A coroner, 
in each county, shall be elected on the Tuesday next after the first 
Monday of November, A. D. 1884, and every four years thereafter, 
and shall enter upon the duties of his office on the first Monday of 
December after his election. 

Clerk of circuit court.] [Section 18, original act.] Section 
50. The clerks of the circuit court shall be elected on Tuesday next 
after the first Monday of November in the year of our Lord 1872, 
and every four years thereafter. 

Election of county treasurers.] [Sections 21 and 22, original 
act.] Section 31. County treasurers shall be elected on Tuesday 
next after the first Monday of November, 1882, and every four years 
thereafter; they shall enter upon the duties of their offices on the 
first Monday of December after their election. No person having 
once been elected county treasurer shall be eligible to re-election to 
said office for four years after the expiration of the term for which 
he shall have been elected. 

Election of county surveyors.] [Section 23, original act.] Sec- 
tion 32. A county surveyor shall be elected in and for each county 
on Tuesday next after the first Monday of November in the year 
1884, and every four years thereafter, and shall enter upon his office 
on the first Monday in December after his election. 

Election of county superintendents of schools.] [Section 
24, original act.] Section 33. County superintendents of schools 
shall be elected on Tuesday next after the first Monday of Novem- 
ber, 1882, and every four years thereafter; they shall enter upon their 
offices on the first Monday of December after their election. 

Election of state's attorneys.] [Section 25, original act.] 
Section 34. A state's attorney shall be elected in each county on 
Tuesday next after the first Monday of November, 1884, and ever^^ 
four years thereafter, and shall enter upon his office on the first 
Monday in December after his election. 

Recorders of deeds in certain counties.] [Section 27, origi- 
nal act.] Section 35. In counties having a population of sixty 
thousand or more, there shall be elected a recorder of deeds, on 
Tuesday next after the first Monday of November, in the year of our 
1872, and every four years thereafter. 



15 

CJouNTT COMMISSIONERS.] [Section 28, original act.] Section 36. 
In counties not under township organization, there shall be elected, 
on Tuesday next after the first Monday of November in each year, 
one county commissioner, who shall hold his office for the term of 
three years. 

County commissioners op cook county. J [Chapter 34, sections 
tiO and HI. J Section 37. On the tirst Tuesday after the first Mon- 
day in November, A. D. 1894, and every two years thereafter, there 
shall be elected in Cook county fifteen (15) county commissioners 
who shall hold their offices respectively for the term of two years 
and until their successors are elected and qualified. Ten of said 
oommissioners shall be elected from the city of Chicago, by the 
legal voters of said city, and five of .said commissioners shall be 
elected from the towns outside of said city, by the legal voters of said 
towns. Every legal voter in said county may vote for and designate 
(upon his ballot cast for county commissioners) one of the candi- 
dates for commissioner to bo president of the county board; and the 
person who shall receive the highest number of such votes shall be 
declared elected president of such board. Terms of office of said 
conamissjoners shall begin on the first Monday of December after 
their election. Each of the commissioners shall have been a resi- 
dent of said county for five years next preceding his election. 

Justices and constables.] [Chapter 79, section 1.] Section ^J8. 
That on the first Tuesday in April, A. D. one thousand eight hun- 
dred and iri net y. seven, and at each quadrennial election for town 
officers thereafter, there shall be elected in each town in counties 
under township organization (except as to justices of the peace in 
the city of Chicago, in Cook county), and on Tuesday next after the 
first Monday in November, A. D. one thousand eight hundred and 
ninety-seven, and on the same day quadrennially thereafter, there 
shall be elected in each election precinct in counties not under town- 
ship organization, two justicee of the peace and two constables, and 
one justice of the peace and one constable for every one thousand 
inhabitants exceeding two thousand inhabitants of such town or pre- 
cinct: Provided, no more than five justices of the peace and five 
constables shall be elected in any town or precinct, and that in towns 
containing any portion of the city of Chicago, there shall be elected 
one additional constable for each additional ten thousand inhabi- 
tants of such towns exceeding ten thousand inhabitants, and no 
more. 

The term of office of justices of the peace and constables shall be 
four years and until their successors are elected and qualified. In 
counties under township organization their terms shall commence on 
the first Monday in May and in counties not under township organi- 
zation on the first Monday in December after their election. No 
justice of the peace shall hold the office of police magistrate. 

Article II. 

ELECTION precincts AND OFFICERS. 

Precincts.] [Section 29, original act.] Section 1. In counties 
not under township organization, the election precincts shall remain 



1 



16 

as now established until changed by the board of county commis- 
sioners, but said county board may, from time to time, change the 
boundaries of election precincts and establish new ones. In counties 
under township organization, each town shall constitute an election 
precinct. 

Change of election precincts — dividing precincts into dis- 
tricts.] [Section 1^0, original act.] Section 2. The county board 
in each county shall at its regular (or at a special) meeting in the 
month of July, 1885, respectively divide its election precincts, which 
contain more than four hundred and fifty voters, into election dis- 
tricts, so that each district shall contain, as near as may be practica- 
ble, four hundred voters, and not more, in any case, than four hun- 
dred and fifty. Said districts shall be composed of contiguous terri- 
tory, and in as compact a form as can be for the convenience of the 
electors voting therein. The several county boards, in establishing 
said districts, shall describe them by metes and bounds and number 
them. And so often thereafter as it shall appear by the number of 
votes cast at the general election held in November of any year, that 
any election district, or undivided election precinct, contains more 
than four hundred and fifty, the county board of the county in which 
such district or precinct may be, shall, at its regular (or at a special) 
meeting in the month of July next after such November election, re- 
divide or re-adjust the election districts, or divide such election pre- 
cincts, so that no district or undivided election precinct shall contain 
more than the number of votes above specified. If said division or 
re-adjustment is not made at such July meeting, it may be made at 
an adjourned or special meeting of said county board, to be held in 
the month of August next thereafter. The county board in every 
case shall fix and establish the places for holding elections in its re- 
spective county, and all general and special elections shall be held at 
the places so fixed. The said polling places shall, in all cases, be 
upon the ground floor, in the front room, the entrance to which is in 
a highway or public street, which is at least forty feet wide, and as 
near the center of the voting population of the district as is practica- 
ble, and for the convenience of the greatest number of electors to vote 
thereat, and in no case shall an election bo held in any room used or 
occupied as a saloon, dramshop, billiard hall, bowling alley or as a 
place of resort for idlers and disreputable persons, or any room con- 
necting therewith by doors or hallways. No person shall be per- 
mitted to vote at any election except in the district in which he re- 
sides: Provided, that the county board may, if it deem it to be for 
the best interest of the voters of any town or precinct, divide any 
election precinct which contains more than three hundred legal vot- 
ers into two election precincts, same precincts to contain as near two 
hundred voters as is possible. 

election officers. 

Judges — how appointed.] [Section 32, original act.] Section 3. 
In counties not under township organization, the county board shall, 
at its regular (or at a special) meeting in the month of July in each 



17 

year, appoint, in each election precinct or district, three capable and 
discreet electors to be judges of elections and who shall possess the 
qaalifications required bv this act for such judges. They shall hold 
their office for one year from their appointment and until their suc- 
cessors are duly appointed. The said county board may at any time 
till vacancies in said offices. No more than two pcnjons of the same 
political party shall be appointed judges of the same election district, 
or undivided precinct. 

Qualifications op judges.] [Section 81, original act.] Section 
4. Every person elected or chosen judge of elections shall be of fair 
character, approved integrity, well informed, who can read, write and 
speak the English language, and has resided in the election precinct 
or district, in which he is to serve, for one year next preceding the 
election, and is entitled to vote therein at such election. 

Judges in counties under township organization.] [Section 
33. original act.] Section 5. In counties under township organiza- 
tion, the county board shall at its regular (or at a special) nfieeting 
in the month of July of each year, except where such judges and 
clerks are appointed by election commissioners, appoint in each elec- 
tion district or precinct in the county three capable and discreet 
electors to be judges of elections, and who shall possess the qualifi- 
cations required by this act for such judges. The town supervisor 
shall be appointed as one of such judges of election in the district or 
precinct in which he resides. No more than two persons of the same 
political party sliall be appointed judges of the same election district 
or precinct. Such election judges shall hold their office one year 
from their appointment and untiltheir successors are duly appointed. 
The said county board may fill vacancies in said office at any time. 

Notice of appointment. ] [Section 34, original act.] Section (>. 
Immediately on the appointment of such judges, the county clerk 
.shall make out and deliver to the sheriff of the county, a notice 
thereof, directed to each person .so appointed, and the sheriff shall, 
within twenty days after the receipt of such notices, deliver the same 
to the several judges so appointed. 

Term of office.] [Section 35, original act.) Section 7. The 
judges so appointed shall be and continue judges of all general and 
special elections held within their respective precincts or districts 
until other judges shall be appointed in like manner. 

Vacancies filled. ] [Section 30, original act.) Section 8. If, 
at the time for the opening of any election, any person appointed or 
constituted a judge of election shall not be present, or will not act or 
take the oath to act in such capacity, the judge or judges present may 
appoint some other qualified elector to act in his place. If there be 
no judge of election present, or he refuse to act, such electors of 
the precinct or district as may then be present at the place of election, 
may fill the places of such judges by election from their number. 
The judges so appointed shall have the same power and be subject to 
the same penalties as other judges of election. 

— 2E. 



I. 



18 

Clerks of election.] [Section 37, originalact.] Section 9. The 
judges of election shall choose three persons having similar qualifi- 
cations with themselves to act as clerks of election, who may con- 
tinue to act as such during the pleasure of the judges. But no more 
than two persons of the same political party shall be so chosen as 
such clerks of election for the same election district or precinct. 

Oath.] [Section 3^, Original act.] Section 10. Previous to any 
vote being taken, the judges and clerks of the election shall severally 
subscribe and take an oath or affirmation in the following form, 
to- wit: 

**I do solemnly swear (or affirm, as the case may be,) that I will 
support the Constitution of the United States and the Conttitution 
of the State of Illinois, and that I will faithfully discharge the duties 
of the office of judge of election (or clerk, as the case may be,) ac- 
cording to the best of my ability, and that I have resided in this 
election district for one year next preceding this election, and am 
entitled to vote at this election.'' 

By whcm ADMINISTERED.] [Section 39, original act. ] Section 11. 
In case there shall be no judge or justice of the peace present at the 
opening of the election, or in case such judge or justice shall be ap- 
pointed a judge or clerk of election, it shall be lawful for the judges 
of the election to administer the oath or affirmation to each other, 
and to the clerks of the election; and the person administering such 
oath or affirmation, shall cause an entry thereof to be made and sub- 
scribed by him, and prefixed to each poll book. 

Constables — (bounty board, or judges, may appoint.] [Section 
43, original act.] Section 1*2. The county board may appoint one 
or more constables to attend each place of holding elections, and pre- 
serve order during the election; if no constable is appointed by the 
county board to attend any place of holding election, or if others 
shall be necessary to preserve order, the judges of election may ap- 
point one or more constables for that purpose. 

Special constable.] [Section 44, original act.] Section 13. The 
judges of election may appoint any suitable person to act as a special 
constable during the election. 

Suppressing riot, etc. — arrest.] [Section 45, original act.] Sec- 
tion ]4. Any constable attending such election may call to his aid a 
sufficient number of citizens to arrest any disorderly person or sup- 
press any rio*. or disorder during the election. Whoever conducts 
himself in a riotous or disorderly manner at any election, and per- 
sists in such conduct after being warned to desist, may be arrested 
without wairant. 

Article III. 
registration of electors. 

Board of registration— meeting — register.] [Section 135, 
original act.] Section 1. The persons authorized by law, or ap- 
pointed pursuant to any town or city ordinance, to act as judges of 
elections in any town, city or ward, or other election district or pre- 
cinct, shall constitute a "board of registry" for their respective towns, 



19 

cities, wards, districts or precincts, and shall meet on Tuesday, three 
weeks preceding any State election, at 9 o'clock a. m., and proceed to 
make a list, as hereinafter prescribed of all persons qualified and en- 
titled to vote at the ensuing election in the election district of which 
they are judges which list when completed, shall constitute and be 
known as the "register" of electors of said election district. In 
election districts in towns which lie wholly within the limits of an 
incorporatedcity, a register of electors shall be made for all elections, 
whether general, special, local or municipal, in the same manner as 
herein providodin the case of State elections. 

Manner of making rechster, etc. — first meeting.] [Section 136, 
original act. J Section 2. Said registers shall each contain a list of 
the persons so qualified and entitled to vote in said election district, 
alphabetically arranged according to their respective surnames, so as 
to show, in one column, the name in full length, and in another col- 
umn in cities, the residence, by the number of the dwelling, if there 
be a number, and the name of the street or other location of the 
dwelling place of each person. Tt shall be the duty of said board to 
enter in said list the names of all persons residing in their election 
district, whose names appear on the poll list kept in said district at 
the last preceding election — in cities the number of the dwelling and 
the name of the street or other location, if the same shall be known 
to or can be ascertained by such board — and for this purpose said 
board is authorized to take from the office in which they are filed the 
poll lists made and filed by the judges of such district, at the elec- 
tion held next prior to the making of such register. In making said 
list, the board shall enter thereon, in addition to the names on the 
poll list, the names of all other persons who are well known to them 
to be electors in said district ; and the names of all persons on the 
poll list who have died or removed from the district shall be omitted 
from the register. The said board shall complete, as far as jiractica- 
ble, the said register on the day of its meeting, aforesaid, and shall 
make two copies thereof, and certify the register and each of the 
copies to be a true list of the voters in said district, so far as the 
same are known. Within two days thereafter, the said original list, 
together with the list taken from the office, as aforesaid, shall be filed 
bv said board in the office of the town clerk of the town in which 
said election district may h(s but in counties not adopting township 
organization, said list shall be filed with the judges of election in the 
proper district, or, if suc^.h election district is in a city, then it shall 
be filed in the office of tlie city clerk of said city. And one copy of 
said list shall be kept by one of said judges, and carefully preserved 
by him for use on the day or days hereinafter mentioned, for the re- 
vision and correction of the same . One copy of said list shall, imme- 
diately after Jts completion, be posted in some conspicuous place 
where the last precedinj^ election in said district was held, and be 
accessible to any elector who may desire to examine the same or 
make copies thereof. 

New election districts.) [Section 137, original act.] Section 
3. In case a new election district shall be formed by the organiza- 
tion of a new town, or by the division of any town or ward, or the 



•oration of a chy or tj:«e. 'it- izii^-^ of rlrcrion in the new 
■t thus fonnwi msr ELtit- iLrir re^--Tnr of ri-. dors on the day 
ibed by this *ct, ia rccn « mtniir-r £s s ait;M^iT of them niBy 
, and for thai p^irfpTire itiy iciSe a ^i^t. or csuse to be made a 
td copy of iLc p:.. 1:^1 or -i^"^ •:■'- '.l^ -lr-:ri.:-i in wbicb such new 
■t is situatt^. or i:.-y miv disf^-^e- iri::. r-c:; Hrl or lists and 
>d to make a r<-^l>iT-T- of r.ivi rs- f.-;a ir.e i-^t nn-ans «t their 
and. Said h~:~ ~-i.\.i .:•!,. y rnabrs--;- i:.r r.s=t* c.f such person? 
tnown lo tht-m lo c-r !-.■:>?;■"•:« lii r^.ia i^^ic o.^ir^ot. and shall bi? 
[ up and copii-* iLt-iv.''f !!;%■)-. s: [.rrr?--r!tw in ibt- precediniz 
[1. and s-h&ll be t-.:-nv,':rd ni ite ^'^-r i^-.-^n-T ibsi other iisi^ 
rrected. 

■i>ios RE>ii>TEL — SeC"V1> MEETiN-i ] l:>o,?T:on ];>. orieioal act, ] 
n 4- The said bc^id sha:; a^raia mo^l on Tu^d^y of the week 
Hog ti.e said eiections. in tb^-ir r-rs[--;:i-r eit^tinn districts, hi 
ace desitni^trtl for koli;;.^ the p.-.s of thr rlt-ction. for the 
se of rt-visinc. convciins and cv-T-i-.-^-tir-ir :^id lists: and for 
lurpose, ia cities, they sb^U m^-^t ai ei,;;.t o'oiock in the morn- 
id remain in session iin'.ii nine o'v;->-k p m . and in other di?- 
they shall meet at nine oVk..-k in 'iir m-^min^ a-id remain in 
n until four o'ci-x-k p. m. 

" EEl>lNG5 OPEN— C'i;KE.Ti.>N~. En., ] jS-ction Kty. original 
St-oiioo 5. Thv prooeeiiiiiu's -.-f said br-if-i sbail be open, au'l 
rsons residint; andentiiled to vole in sfiid district shall be eii- 
to be heard by said boani in rt-lation tocorriviions oradditioii^ 
1 reeislcr. < 'ne of the lists so kept hy t";,r y.i.:,jes. as aforesaid. 
be used by them on the day or days of makiiii; corrections <>r 
oil?, for t!ie purpose of conipielini: tlie r-;:islry for such d\>- 

ISING KEiilsTER— AtimtH'S oF NEW NAMt>i [Section 141', 
al aet. ] Section r,, U shull b<- i!i.- duty of said K.vinl. at tlieir 
lie for ri'vising and mrrectiniT siid lists. X'- er.i>e therefrom iL.' 
of any person inf^L-rted ther>.-in who >]::\',\ be iirove"l by the oatli 
1 ieeai voters of said district, to the sinisf;.eiii>n of said boani, 
non-resident of .-aid distriet. or I'lherwi^,- not entitled lo vol>' 
d district, at the elf<-l:on then m-sl to K' hrld. Any elector 
rm in irairl district, and entitled to vote liier-in. may apjiear hr- 
^;d t,;'-.-irii and require his name to \n- re^.^rdt-d on said alpha- 
I H'-t. \ny jK-rson so requirini: his nanie to l^e po entere<l on 
-I .'•iiiill make the same statement as to ihe sln-et and uumU'r 
/f. and wl,..re he resides, rt-quired by the provisions of this aet 
--HIS iifferiiii; tiieir voles at election's, and shall also be subjei-l 
sJirne |>cnflltieH for n-fiisinjr to t:ive sm-li informatioa or (or 
.■ L'ivinu the same and shall abso be subject to ehallenj^, either 
- jiidi.'.'H. or either of them, or by any other elector whose name 
rs on said alphabetical list: and the same oaths may be admin- 
1 by t!ie jndires as now provided in case of persons offerinR m 
t an election: and in case no ohnllenire is made of any person 
■Um liiH name to be entered on said alplinbetical list, or in cbpi' 
ill'-ntfc. it such person shall make oath lliat would entitle him 



21 

to vote in case of challenge at an election, then the name of any such 
person shall be added to the alphabetical poll list of the last pre- 
ceding year. 

Copies of register — filing— delivery to judges— voting — 
SWEARING IN VOTE, ETC.] [Section 141, original act.) Section 7. 
After said lists shall have been fully completed, the said board shall, 
within three days thereafter, cause two copies of the same to be 
made, each of which shall be certified by them to be a correct list of 
the voters of said district, one of which shall be filed in the office of 
the town clerk of towns, and in the office of city clerks of cities, and 
one of which copies shall be delivered to said judges. It shall be 
the duty of the said judges so receiving such list, carefully to pre- 
serve the said list for their use on election day, and to designate two 
of their number, at the opening of the polls, to check the name of 
every voter voting in such district whose name is on the register. 
No vote shall be received at any State election if the name of the per- 
son oflFering to vote be not on the said register made on the Tuesday 
preceding the election, unless the person oflFering to vote shall fur- 
nish to the judges of the election his affidavit, in writing, stating 
therein that he is an inhabitant of said district and entitled to vote 
therein at such election, and prove by the oath of a householder and 
registered voter of the district in which he offers to vote that he 
knows such person to be an inhabitant of the district, and, if in any 
city, giving the residence of such person within said district. The 
oath may be administered by one of the judges of the election, At the 
poll where the vote shall be offered, or by any other person author- 
ized to administer oaths, but no person shall be authorized to receive 
compensation for administering the oath. Said oath shall be pre- 
served and filed in the office of the town or city clerk, or in case 
there be no clerk, then said oath shall be filed with and preserved by 
the judges of the proper district. Any person may be challenged, 
and the same oaths shall be put as are now or hereafter may be pre- 
scribed by law. 

Poll list and register to be filed.] [Section 143, original 
act.] Section 8. After the canvass of the votes, one of said poll 
lists and said registers so kept and checked, as aforesaid, shall be at- 
tached together and shall be, on the following day, filed in the town 
or city clerk's office (as the case may be) in which said district may 
be, or in case there be no such clerk, then such poll lists and register 
shall be filed with and preserved by the judges, to be used by the 
board of registry. in making the list of voters at the next State elec- 
tion; the other of the said poll lists and registers, so kept and checked, 
shall be returned to the office of the county clerk of the county in 
which said district may be, at the same time the returns of the elec- 
tion are made. 

Registers open to inspection.] [Section 144, original act.] 
Section 9. The registers shall at all times be open to public inspec- 
tion, at the office of the authorities in which they shall be deposited, 
without charge. 



•rH:.^ f.-i-rr on -^ —-.■:;■.■:: •i'-.ri: %--: r^.-ar:-:-.-e-t :- sa: : 

ir-<i by t:.- -S-vr-lArj '>f :?■.*.:-. \z.i irrit.-^::;;-! :-■ icr 

oiiA arr- ti''^i tra:.-H;:::-r'i. 

.) S^:;oa 12 TlI^ »-:■." ^l^ •. ! apj^.y to ci:i^- 

fi'.Hif  A|.;jrr..-: -I :r.- U*: ., l-si 



t "S['ES>AI;''.V "F ELEi TI.»\ .iFFKEE* 

 I LEI'.S>. ) [S-^::--;i >'■'■;. orijiTMi a.-: | Sr^-tion I. A.; 
■rk:. of .^1-rctif.n. in o-uii'i" of I'..- dr^t aad >econ<i fift^^ 
?•! iJie sum of thr-rr '^ii t:r'.:sr¥ j^r <iay for iht^ir **-r- 
i.T- ami olvrk* of •,-> ■;[ jn in .M;i[iti--s of ihetfiirJ i-ia?^ 
e <.">( di-'Iiars ■^a'.-h per liiy f-r liirir p-r^i'.-^^ 
•isTAm-E I [S^<tion44. oriiziiiiil ai-t] S^tion± Con- 
; at ^l"?iions. by sjipriinini^iit of thi- founiy board or 
of -It-oti'.n- shall b^ [vtid uut of i!n? ooiiTiiy treasury- 
two dollars for each day? :ii-rvio>-. 

iEi.iSTRATl'iN I |3f-.'linn 14-^ ofi^'inal act) Section 
■if thf b-jard of r.-_'i?:ration shrill .^ach re<-.-ive two doi- 
ir rach day aciually etnployrd. not t-nvrdiug two day>. 
and cooipl.-iion of il„- rt-L'i^try, 

WMENT ] [Se<-lion 75. oritriiiHl act 1 S<-otion 4. Tht- 
:in rwifipt of thr r-turiis of any t:fti.?rai or special eitv- 
ike out his certiticate stalini; tlu- compensatioo to 
re of tlu- board of r.-tristraiion and jiidijes oiu) clerks of 
ititled for thfir SHfvici-s. and lay the «ame before the 
at its iH-st si-ssion: and said b->ard shall order the 
aforesaid to I"- paid out of tic- cmmlv treasury. 



: OF CANmL>ATES,| (Section i'-KK orJL'inal a.t.| Sec- 
ronvi-iition of deli-t:ales and anv caucus or meeting of 

■s as li.-reinnft^r dctiue.i. and i'ndividnal voters to the 



23 

number and in the manner hereinafter specified, may nominate can- 
didates for political office, whose names shall be placed upon the 
l>allot8 to be furnished as hereinafter provided: Provided, that in 
any county, city, village or incorporated town, respectively, in which 
an act entitled **An act providing for primary elections of delegates 
to nominating conventions of political parties or organizations, and 
to promote the purity thereof by regulating the conduct thereof, and 
to support the privileges of free suffrage thereat by prohibiting cer- 
tain acts and practices in relation thereto, and providing for the 
punishment thereof," shall be in force; no candidate nominated bv 
any convention of any political party or organization of any such 
county, city, village or incorporated town or any part thereof, or for 
the Congress of the United States, shall have his name printed on 
any official ballot printed and distributed at the public expense in 
such county, city, village or incorporated town, or any part thereof, 
unless such candidate shall l)e nominated by a convention composed 
of delegates elected for that purpose at the primary election of such 
political party last preceding the holding of such convention, accord- 
ing to the act entitled '*An act providing for primary elections of dele- 
gates to nominating conventions of political parties or organizations 
and to promote the purity thereof by regulating the conduct thereof, 
and to support the privileges of free suffrage thereat by prohibiting 
certain acts and practices in relation thereto, and providing for the 
punishment thereof." 

Caucus NOMINATIONS— CERTIFICATE AND REQUISITES.) (Section 291, 
original act. ] Section 2. Any convention of delegates, caucus or 
meeting representing a political party, which at the general election 
next preceding polled at least two per cent, of the entire vote cast in 
the State, or in the electoral district or division thereof, or in the 
municipality for which the nomination is made, may for the State, 
or for the electoral district or division thereof, or municipality for 
which the convention, caucus or meeting is held, as the case may be, 
by causing a certificate of nomination to be duly filed, make one 
such nomination for each office therein to be filled at the election. 
Every such certificate of nomination shall state such facts as are re- 
quired in section four of this article, and shall be signed by the pre- 
siding officer and by the secretary of the convention, caucus or meet- 
ing, who shall add to their signatures their places of residence. 
Such certificates shall be sworn to ])y them to be true to the best of 
their knowledge and belief, and a certificate of the oath shall be an- 
nexed to the certificate of nomination. 

Nomination certificates— si(;natures.| (Section 21)2. original 
act.] Section 3. Nominations of candidates for any office to be 
filled by the voters of the State at large may also bo made by nomi- 
nation papers signed in the aggregate for each candidate by not less 
than one thousand qualified voters of the State. Nominations of 
c^indidates for office within any district or political division less than 
the State, and in all cities having a population in excess of 5,(XX), 
may be made by nomination papers signed in the aggregate for each 
candidate by qualified voters of such district or political division, 
not less than one for each fifty persons who voted at the next pre- 



t t 



24  , 

ceding general election in such district or division, but in no case by 
less than twenty-five. In elections to be held in a town, village, pre- 
cinct or ward, and in all cities with a population not exceeding 
5,000, the signatures of voters tlibreof equaling five per cent, of the 
vote cast therein at the last preceding election shall be sufficient for 
the nomination of a candidate who is to be voted for only in such 
- town, village, precinct, ward or city. Each voter signing a nomina- 
tion paper shall add to his signature his place of residence, and each 
voter may subscribe to one nomination for each office to be filled, 
and no more: Provided, that the name of any candidate whose 
name may appear in any other place upon the ballot, shall not be so 
added by petition for the same office. 

Nomination papers — requisites.] [Section 293, original act.) 
Section 4. All certificates of nomination or nomination papers shall, 
besides containing the names of candidates, specify as to each: 

1. The office to which he is nominated. 

2. The party or political principle which he represents, expressed 
in not more than five words. 

3. His place of residence, with the street and number thereof, if 
any. In the case of electors for President and Vice-President of the 
United States, the names of the candidates for President and Vice- 
President may be added to the party or political appellation. 

Certificates to be filed.) [Section 294, original act ] Section 
5. Certificates of nomination and nomination papers for the nomi- 
nation of candidates for offices to be filled bv the electors of the en- 
tire State, or any division or district greater than a county, shall be 
filed with the Secretary of State at least thirty days previous to the 
day of election for which the candidates are nominated. All other 
certificates for the nomination of candidates shall be filed with the 
county clerk of the respective counties at least thirty days previous 
to the day of such election: Provided ^ that certificates of nomina- 
tion and nomination papers for the nomination of candidates for the 
offices in cities, villages and incorporated towns, and for town offices 
in counties under township organization, shall be filed with the 
clerks of the towns, cities, villages and incorporated towns at least 
fifteen days previous to the day of such election. 

Withdrawal of Nominations.] [Section 295, original act.] Sec- 
tion fi. Any person whose name has been presented as a candidate 
or who has oeen nominated by more than one convention, caucus or 
meeting of qualified voters, may cause his name to be withdrawn 
from any such nomination by his request in writing, signed by him 
and duly acknowledged before an officer qualified to take acknowl- 
edgment of deeds, and filed with the Secretary of State not less than 
fifteen (15) days, or with the proper clerk not less than eight 
(8) days previous to the day of election, and no name so withdrawn 
shall be printed upon the ballots under the party appellation or title 
from which the candidate has withdrawn his name. In case the 
certificate of nomination or petition, as provided for in this act, shall 
contain or exhibit the name of any candidate for any office upon 



J 



25 

more than one of said certificates or petitions (for the same office), 
then and in that case the Secretary of State or county clerk, as the 
cage may be, shall immediately notify said candidate of said fact and 
that his name appears unlawfully upon more than one of said certifi- 
cates or petitions, and that within five (5) days from the receipt of 
said notification, said candidate must elect as to which of said politi- 
cal party appellations or groups he desires his name to appear and 
remain under upon said ballot, and if said candidate refuses, fails or 
neglects to comply with the provisions herein, then and in that case 
the Secretary of State or county clerk, as the case may be, shall not 
permit the name of said candidate to appear or be printed or placed 
upon said ballot under any or either of said political party appella- 
tions or groups. All certificates of nomination and nomination 
papers, when filed, shall be open, and under proper regulation, to 
public inspection, and the Secretary of State and the several clerks 
having charge of nomination papers shall preserve the same in their 
respective offices not less than six (6) months. 

Death or declination of candidate— vacancy.] [Section 29(>, 
original act.] Section 7. In case a candidate who has been duly 
nominated under the provisions of this article die before election 
day, or decline the nomination, as in this article provided, or should 
any certificate of nomination be held insufficient or inoperative by 
the officer with whom they may be filed, the vacancy or vacancies 
thus occasioned may be filled by the political party or other persons 
making the original nominations, or, if the time is insufficient there- 
for, then the vacancy may be filled, if the nomination was by con- 
vention or caucus, in such manner as the convention or caucus had 
previously provided, or, in case of no such previous provision, then 
by regularly elected general or executive committee representing the 
political party or persons holding such convention, meeting or caucus. 
The certificates of nomination made to supply such vacancy shall 
state, in addition to the other facts required by section four of this 
article, the name of the original nominee, the date of his death or 
declination of nomination, or the fact that the former nomination has 
been held insufficient or inoperative, and the measures taken in 
accordance with the above requirements for filling a v&cancy, and it 
shall be signed and sworn to by the presiding officer and secretary of 
the convention or caucus, or by the chairman and secretary of the 
duly authorized committee, as the case may be. 

Cebtificates of nomination— objections.] [Section 297, original 
act.] Section 8. The certificates of nomination and nomination 
papers being so filed and being in apparent conformity with the pro- 
visions of this article, shall be deemed to be valid, unless objection 
thereto is duly made in writing. Such objections or other questioner 
arising in relation thereto in the case of nomination of State officers 
shall be considered by the Secretary of State and the Auditor and 
Attorney-General, and the decision of the majority of these officers 
shall be final. Such objections or questions arising in the case of 
nominations for officers to be elected by the voters of a division less 
than the State and greater than a county, shall be considered by the 



t 



-'L^-' 



m^-- 






26 






coanty judges of the counties embraced in such division, and the de- 
i^'* • ciBion of a majority of these officers shall be final. Such objections 

^'-'r'^' ^^ questions arising in the case of nominations of candidates for 
^ ;■ coiinty offices, shall be considered by the county judge, county clerk 

and State's attorney for such county, and the decision of a majority 
of said officers shall be final. Objections or questions arising in the 
case of nominations of city, town or village officers shall be consid- 
ered by the mayor or president of the board of trustees, and the city, 
town or village clerk, with whom one alderman or trustee thereof, as 
the case may be, chosen by lot, shall act, and the decision of a major- 
ity of such officers shall be final. Such objections arising in the case 
of nominations of town officers shall be considered by the board of 
auditors of such town, and the decision of a majority of such auditors 
shall be final. In any case where such objection is made, notice shall 
forthwith be given to the candidates affected thereby addressed to 
their places of residence as given in the nomination papers, and stat- 
ing the time and 'place when and where such objections will be con- 
sioered: Provided, that in cities, towns or villages having a board 
of election commissioners, such questions shall be considered by such 
board, and its decision shall be final. 

Nominations to fill vacancy.] [Section 298, original act.] Sec- 
tion 9. When such certificate is filed with the Secretary of State, he 
shall, in certifying nominations to the various county clerks, insert 
the name of the person who has been thus nominated to fill vacancy 
in place of the original nominee, and in the event that he has already 
sent forward his certificate, he shall forthwith certify to the clerks of 
the proper counties the name and description of the person so nomi- 
nated to fill a vacancy, the office he is nominated for, with the other 
details mentioned in certificates of nominations filed with the Secre- 
tary of State, and in cases where such clerk is not charged by this 
act with the printing of the ballots, he shall immediately certify the 
name so supplied to the authorities charged with the printing of the 
ballots. The name so supplied for the vacancy shall, if the ballots 
are not already printed, be placed on the ballots in place of the name 
of the original nominee, or if the ballots have been printed, new bal- 
lots, whenever* practicable, shall be furnished. 

Pasters — stamping on ballots.] [Section 299, orii^inal act.] Sec- 
tion 10. Whenever it may not be practicable to have new ballots 
printed, it shall be the duty of the election officer having charge of 
the ballots, to place the name supplied for the vacancy upon each 
ballot issued before delivering it to the voter; the name so supplied 
may be placed upon the ballots either by affixing a paster or by writ- 
ing or stamping the name on the ballot; and to enable this to be done 
4he oHicer with whom the certificates of nomination are to be filed 
sliall immediately furnish the name of such substituted nominee to 
all judges of election within the territory in which such nominee 
mav be a candidate. 

Notice to county clerk. J [Section .']00, original act.] Section 
11. Not less than fifteen days br-tore an election to fill any public 
office, the Secretary of State shall certify to the county clerk of each 



27 

county within which auy of the electors may by law vote for candi- 
dates for such office, the name and description of each person nomi- 
nated for such office, as specified in the certificates of nomination 
tiled with the Secretary of State. 

Article VI. 

NOTICE OF ELECTION. 

Manner of giving notice.] [Section 46, original act.] Section 1. 
At least thirty days previous to any general election, and at least 
twenty days previous to any special election, except in cases other- 
wise provided for, the county clerk, in counties not under township 
organization, shall make out and deliver to the sheriff of his county, 
or in counties under township organization to the several supervis- 
'vs of his county, three notices thereof for each precinct or district 
in which the election in such county is to be held. The notice may 
l»e substantially as follows: 

Notice is hereby given that on (give the date), at (give the place 
of holding the election and the name of the precinct or district) in 
the county of (name of county), an election will be held for (give 
the title of the several offices to be filled), which election will be 
ojx^ned at seven o'clock in the morning and continued open until 
rive o'clock in the afternoon of that day. 

Dated at , this day of - , in the year 

of our Lord one thousand eight hundred and . 

A. B., County Clerk. 

Sheriff oh supervisor to post.) [Section 47, original act,] 
Section 2. The said sheriff or supervisor, to whom the notices are 
delivered, shall post up, in three of the most public places in each 
precinct or district, the three notices therefor, at least fifteen days 
before the time of holding a general election, and at least eight days 
hefore the time of holding a special election. 

Article VII. 

liALLOTS AND INSTRUCTIONS. 

Ballots printed at public expense.] (Section 288, original 
ftf't.J Section 1. In all elections hereafter to be held in this State 
tor public officers, except for trustees of schools, school directors, 
members of boards of education, officers of rond districts in coun- 
ties not uncFer townshi]) organization, the voting shall be by ballots 
printed and distributed at public expense, as hereinafter provided, 
^nd no other ballots shall be used. 

Expense borne by cities, etc.] (Section 289, original act.] 
Seetion 2. The printing and delivery of the ballots and cards of 
instructions to voters, hereinafter described, shall, in municipal elec- 
tions in cities, villages and incorporattnl towns, be paid for by the 
j^t'voral cities, villages and incorporated towns respectively, and in 



28 

lectioDB by the town, and in all other electionB tbe printiug of 
ilots Hnd cardB of instructioa for the voters in each county 
e delivery of them to the several voting precincts and ftlectioii 
te shall be paid for by tbe several counties respectively. The 
general election," as used in this act, shall apply to any elec- 
eld for the clioice of a national, State, judicial, district or 
 officer, whether for the full term or for the fUlingof a vacancy, 
rm "city election'' shftll apply to any municipal election held 
ly, village or incorporated town. 

LOT — WHAT TO CONTAIN— HOW PRINTED — FORM.] {Section 301. 

il act,] Section H. The names of all candidates to be voted 
each election district or precinct shall be printed on one bal- 

nominations of any political party or group of petitioners be- 
iced under the party Rppellation or title of such party or group 
gnated by them in their certificates of nomination or peti- 
OT if none be designated, then under some suitable title, and 
Hot shall contain no other names, except that in the case oE 
•s for President and Vice-President of the United States the 

of the candidates for President and Vice-President may be 

to the party or political designation. If a constitutioual 
ment or other public measure is submitted to a vote, such 
on shall be printed upon the ballot after the list of candidates, 
ards calculated to aid the voter in his choice of candidates, or 
wer any i{ueBtioD submitted to vote, may be added, such as: 

for one," "vote for three," "yes." "no," or the like. On the 
•r outside of the ballot, so as to appear when folded, shall be 
d the words "Official ballot," followed by the designation of tbe 
5 place for which the ballot is prepared, the date of the elec- 
id a fnc-simile of the signature of the clerk or other officer 
as caused the ballots to be printed. The ballots shall be of 
vhite paper, through which the printing or writing can not be 

The party appellation or title shall be printed in capital let- 
ot less than one-fourth of an inch in height, and a circle one- 
ich in diameter shall be printed at the beginning of tbe line 
cb such appellation or title is printed. The names of candi- 
ihall be printed in capital letters not less than one-eighth nor 
;han one-fourth of an inch in height, and at the beginning of 
ine in which a name of a candidate is printed a square shall 
nted, the sides of which shall not be less than one-fourth of 
h in length. The list of candidates of the several parties and 
i of petitioners shall be placed in separate columns on the ballot 
h order as the authorities charged with the printing of the 
) shall decide. 



29 



As nearly as practicable the ballot shall be in the following form: 



o 

n 



DEMOCRATIC. 

For Governor. 
JOHN M. PALMER. 



O 

n 



REPUBLICAN. 

For Governor. 
JOSEPH W. FIFE R. 



O 

n 



PROHIBITION. 

For Governor. 
DAVID H. HARTS. 



For Lieutenant Governdr. 
ANDREW J. BELL. 






For Lieutenant Governor. 
LYMAN B. RAY. 



□ 



For Secretary of State. 
NEWELL D. RICKS. 



For Secretary of State. 
. PEARSON. 



n ■- 



a 



For Lieutenant Governor. 
JOS. L. WHITLOCK. 



For Secretary of State. 
JAMES R. HANNA. 



[And continuing in like manner as to all candidates to be voted 
for at such election.] 

Printing of ballots — by what officers.] [Section 302, original 
act.] Section 4. For all elections to which this act applies, the 
county clerks, in their respective counties, shall have charge of the 
printing of the ballots for all general elections, and shall fur- 
nish them to the judges of election; the city, town, or village 
clerk shall have charge thereof and furnish them in all city 
elections; and the town clerk in counties under township organiza- 
tion shall have charge thereof and furnish the same in all town elec- 
tions to which this act applies: Provided, that in cities, towns or 
villages having a board of election commissioners, such board shall 
have charge of the printing of the ballots and furnish them to the 
judges of election within the territory under their jurisdiction. Bal- 
lots shall be printed and in possession of the officer charged with 
their distribution at least two days before the election, and subject 
to the inspection of candidates and their agents; if any mistakes be 
discovered they shall be corrected without delay. The officer so 
charged with the printing of the ballots shall cause to be delivered 
to the judges of election at the polling place of each precinct or dis- 
trict, not less than twelve hours before the time fixed by law for the 
opening of the polls therein, one hundred ballots of the kind to be 
voted in such precinct or district for every fifty votes cast therein at 
the last preceding election for State officers; such ballots shall be put 
up in separate sealed packages, with marks on the outside clearly 
designating the polling place for which they are intended and the 
number of ballots enclosed, and receipt therefor shall be given by 
the judges of election to whom they are delivered, which receipt shall 
be preserved by the officer charged with the printing of the ballots. 
The officer or authorities charged with the printing and distribution 
of the ballots shall provide and retain at his cr their office an ample 
supply of ballots, in addition to those distributed to the several vot- 
ing precincts or districts, and if at any time on or before the day of 
election the ballots furnished to any precinct.or district shall be lost, 
destroyed or exhausted before the polls are closed, on written appli- 
cation signed by a majority of the judges of such precinct or district, 






SW!^. 



t  
. • •• 1  f 



^ 30 

'or signed and sworn to by one of such judges, he shall immediately 
cause to be delivered to such judges, at the polling place, such addi- 
tional supply of ballots as may be required and sufficient to comply 
with the provisions of this act. 

VoTEiON CONSTITUTIONAL AMENDMENTS — FORM OF BALLOT.] [Sec- 
tion 303, original act] Sections. Whenever a constitutional amend- 
ment or other public measure is proposed to be voted upon by tlic^ 
people, the substance of such amendment or other public measure 
shall be clearly indicated upon the ballot, and two spaces shall be 
left upon the margin, one for votes favoring the amendment or public 
measure, to be designated by the word ''Yes," and one for votes op- 
posing the amendment or measure, to be designated by the word **No,'* 
as in the form herein given: 



Proposed amendment to the constitution 
giving judges a life term of office and 
making them appointive. 



YES. 



NO. 



X 



The elector shall designate his vote by a cross mark, thus ( X). 

Cumulative Voting.] [Section 304, original act.] Section 6. It 
may be stated in the certificates of nomination of candidates for Rep- 
resentative in the General Assembly what number of votes it is de- 
sired shall be printed as given to such candidate or candidates, and 
in such case the ballots shall be so printed. In any case where the 
certificate of nomination does not so state, then no number of votes 
shall be printed on the ballots as to the candidate or candidates named 
in such certificates. 

Printed instructions for voters.] [Section 305, original act. | 
Section 7. The officer or officers whose duty it is to have the ballots 
printed, shall prepare full instructions for the guidance of voters at 
each election as to obtaining ballots, as to the manner of marking 
them and the method of gaining assistance, and as to obtaining new 
ballots in place of those accidentally spoiled, and they shall respec- 
tively cause the same, together with copies of section four of article 
eight, section eleven of article nine, sections six, seven and eight of 
article ten, and sections fifteen and sixteen of article thirteen, to be 
printed in large, clear type, on separate cards, to be called cards of 
instruction; and such officer or officers shall furnish to the jndges of 
election a sufficient number of such cards of instruction to enable the 
judges of election to comply with the provisions of this article. 

Instruction cards and specimen ballots to be posted.] [Sec- 
tion 300, original act.] Section 8. The judges of election shall 
cause not less than one of such cards to be posted in each voting 
booth provided for the preparation of ballots, and not less than four 
of such cards to be posted in and about the polling places upon the 
(lay of election. Judges of election shall, not less than five days 
prior to an election, cause to be conspicuously posted, in five or more 
public places in their voting precinct or election district, a card of 
instruction and a specimen ballot printed on colored paper, contain- 



.^J 



31 

ing the names, residence and party or political affiliations of all 
candidates nrominated as herein provided, and to be voted for in such 
precinct, substantially in the form of the general ballot to be used 
herein, and the officers or authorities charged with the printing and 
distributing of the ballots shall cause to be published, prior to the 
day of election, in at least two newspapers, if there be so many pub- 
lished in such county, representing the jx)litical parties which cast 
at the preceding election the largest and next largest number of 
votes, a list of all the nominations made as herein jjrovided, and to 
be voted for at such election, as near as may be, in the form in which 
they shall appear upon the general ballot. 

The officer or officers whose duty it is to cause the printing and 
distribution of ballots shall have printed a sufficient number of 
specimen ballots and deliver the same to the judges of election, so 
as to enable said judges to comply with the provisions of this act. 

Judges have charge of ballots.) [Section 807, original act.] 
Section 9. The judges of election of their respective election pre- 
cincts or election districts shall have charge of the ballots and fur- 
nish them to the voter as hereinafter set forth. 



Article VIII. 

BALLOT BOXES, BOOTHS AND POLL BOOK}> 

Ballot boxes.] [Section 40, original act.) Section 1. The 
county board shall provide a sufficient number of ballot boxes, with 
secure locks and keys, at the expense of the county, for the several 
precincts and districts. There shall be an opening in the lid of 
each box not larger than is sufficient to admit a single closed ballot 
to be inserted therein at one time, through which each ballot voted 
shall be put into the box. 

Judges to keep ballot boxes, etc.] [Section 41, original act.) 
Section 2. The ballot boxes shall be delivered to and kept by the 
judges of election, and by them kept and delivered to their succes- 
sors. 

Blanks, poll books, etc.] [ Section 42, original act.] Section 8. 
The county clerk shall provide, at the expense of the county, 
proper blanks, poll books and other necessary election blanks for 
each precinct and district in his county, and cause a suitable num- 
ber thereof to be delivered to the judges of election, at least ten days 
before any election is to be held. 

Booths at polling places— stationery, etc. — booths private.] 
[Section 308, original act.) Section 4. All officers upon whom is 
imposed by law the duty of designating or providing polling places 
shall provide in each polling place so designated or provided a suffi- 
cient number of booths, which shall be provided with such supplies 
and conveniences, including shelves, pens, penholders, ink, blotters 
and pencils, as will enable the voter to prepare his ballot for voting, 
and in which voters may prepare their ballots screened from all ob- 



32 

eervation as to the mauner in which they do so; and the guard rail 
shall be so constructed and placed that only such persons as are in- 
side said rail can approach within six feet of the ballot box and of 
such voting booths. The arrangement shall be such that the voting 
booths can only be reached by passing within said guard rail. They 
shall be within plain view of the election officers; and both they and 
the ballot boxes shall be within plain view of those outside of the 
guard rail. Each of said booths shall have three sides enclosed, one 
side, in front, to be closed with a curtain. Each side of each booth 
shall be six feet four inches high, and the curtain shall extend within 
two feet of the floor, which shall l)e closed while the voter is prepar- 
ing his ballot. Each lxK>th shall he at least thirty-two inches square, 
and shall contain a shelf at least one foot wide, at a convenient 
height for writing. No person, other than the election officers and 
the challengers allowed by law, and those admitted for the purpose of 
voting, as hereinafter provided, shall be permitted within the guard 
rail, except by authority of the election officers to keep order and en- 
force the law. The number of such voting booths shall not be les.'^ 
than one to every seventy-five voters or fraction thereof who voted 
at the last preceding election in the precinct or district. The ex- 
pense of providing booths and guard rails and other things required 
in this act shall be paid in the same manner as other election ex- 
penses. 

Article IX. 

QUALIFICATION OF VOTERS. 

Who may vote.] [Section 65, original act.] Section 1. Every 
person having resided in this State one year, in the county ninety 
days, and in the election district thirty days next preceding any 
election therein, who was an elector in this State on the first day of 
April, in the year of our Lord 1848, or obtained a certificate of 
naturalization before any court of record in this State prior to the 
first day of January, in the year of our Lord 1870, or who shall be a 
male citizen of the United States, above the age of twenty-one years, 
shall be entitled to vote at such election. 

Residence. J [Section 66, original act. J Section 2. A perma- 
nent abode is necessary to constitute a residence within the meaning 
of the preceding section. 

When inmaies of poor-houses, asylums, etc., may vote.] [Sec- 
tion r)f)a, original act.] Section 3. No pauper or inmate of any 
county poor-house, insane asylum or hospital in this State, shall by 
virtue of his abode at such county poor-house, insane asylum or hos- 
pital be deemed a resident or legal voter in the town, city, village or 
eh;(^tion district or precinct in which such poor-house, insane asy- 
lum or hospital may be situated: but every such person shall be 
deemed a resident of the town, city, village, election district or pre- 
cinct in which he resided next prior to becoming an inmate of such 
county poor-house, insane asylum or hospital. 



33 

Inmates of soldiers' and sailors' homes.] [Section 666. origi- 
nal act.] Section 4. Every honorably discharged soldier or sailor 
who shall have been an inmate of any soldiers' and sailors' home 
within the State of Illinois for ninety days or longer, and who shall 
have been a citizen of the United States and resided in this State one 
year, in the county where any such home is located ninety days, and 
in the election district thirty days next preceding any election, shall 
be entitled to vote in the election district in which any such soldiers' 
and sailors' home in which he is an inmate as aforesaid, is located, 
for all officers that now are or hereafter may be elected by the peo- 
ple, and upon all questions that may bo submitted to the vote of the 
people: Procided, that he shall declare upon oath, if required so to 
tlo by any officer of election in said district, that it was his bona Jide 
intention at the time he entered said home to become a resident 
thereof. 

Affidavit of qitalification.] [Section 67, original act.] Sec- 
tion 5. Whenever, at any general or special election, in any pre- 
cinct, district, city, village, town or ward, any person offering to vote 
is not personally known to the judges of election to have the qualifi- 
cations mentioned in sections one and two of this article, if his vote 
is challenged by a legal voter at such election, he shall make and 
subscribe an affidavit in the following form, which shall be retained 
by the judges of election and returned by them with the poll books: 

STATE OF ILLINOIS, ) , . 

County of Cook. \ ^^" * 

I, , do solemnly swear (or affirm) that I am a citizen 

of the United States (or "that I was an elector on the first day of 
April, A. D. 1848,'' or *'that I obtained a certificate of naturalization 
before a court of record in this State prior to the first day of January, 
A. D. 1870," as the case may be) ; that I have resided in this State 
one year, in this county ninety days, and in this election district 
thirty days next preceding this election, that I now reside at (here 
give the particular house or place of residence, and, if in a town or 
city, the street and num])er,) in this election district; that I am 
twenty-one years of age and have not voted at this election. So help 
me God, (or, *this I do solemnly and sincerely affirm," as the case 
may be). 



Subscribed and sworn to before me this dav of , 

A. L). 1^^ .... 

Affidavit of witness.] [Section Os, oriti^inal act. j Section 6. 
In addition to such affidavit, the person so challenged shall produce 
a witness personally known to the judges of election, and resident in 
the precinct or district, or who shall be proved by some legal voter of 
such precinct or district, known to the judges to be such, who shall 
take the oath following, viz.: 

I do solemnly swear (or affirm ) that I am a resident of this elec- 
tion precinct or district and entitled to vote at this election, and that 
I have been a resident of this State for one year last passed and am 

—3 E. 



34 

well acquainted with the person whose vote is nowoflfered; that he is 
an actual and bona fide resident of this election precinct or district, 
and has resided herein thirty days, and, as I verily believe, in this 
county ninety days, and in this State one year next preceding the 
election. 

Who may administer oath.] [Section 69, original act. | Section 

7. The oath, in each case, may be administered by either of the 
judges of election, or by any officer, resident in the precinct or dis- 
trict, authorized by law to administer oaths. 

Con viCTS— DISQUALIFICATIONS. ] | Section 70, original act. ] Section 

8. No ijerson who has been legally convicted of any crime, the pun- 
ishment of which is confinement in the penitentiary, or who shall be 
convicted and sentenced under section seven of article XIII of this 
act, shall b? permitted to vote at any election unless he shall be re- 
stored to the right to vote by pardon, or by the expiration of the 
term of his disfranchisement under section seven of article XIII of 
this act. 

Women may vote for school officers. | [Section 8**32, origin?il 
act.] Section 9. Any woman of the age of twenty-one years and 
upwards, belonging to either of the classes mentioned in article 
seven of the Constitutiorf of the State of Illinois, who shall have 
resided in this State one year, in the county ninety days, and in the 
election district thirty days preceding any election held for the pur- 
pose of choosing any oflBcer of schools under the general or special 
school laws of this State, shall be entitled to vote at such election 
in the school district of which she shall at the time have l^een for 
thirty days a resident: Provided, any woman so desirous of voting 
at such election shall have been registered in the same manner as is 
provided for the registration of male voters. 

Ballot — what to contain — how deposited.] [Section 333, orig- 
inal act.] Section 10. Whenever the election of public school offi- 
cers shall occur at the same election at which other public officers are 
elected, the ballot offered by any woman entitled to vote under this 
act shall not contain the name of any person to be voted for at such 
election except such officers of public schools, and such ballots shall 
all be deposited in h separate ballot-box, but canvassed with other 
ballots cast for school officers at such election. 

Absence for voting purposes — employer preventing — penalty.] 
[Section 312, original act.] Section 11. Any person entitled to 
vote at a general election in this State shall, on the day of such elec- 
tson, be entitled to absent himself from any services or employment 
in which he is then engaged or employed for a period of two hours 
between the time of opening and closing the polls; and such voter 
shall not, because of so absenting himself, be liable to any penalty; 
nor shall any deduction be made on account of such absence from his 
usual salary or wages: Provided, however, that application for such 
leave of absence shall be made prior to the day of election. The 
employer may specify the hours during which said employ^ may 
absent himself as aforesaid. (The above provision is preserved in 
section eleven of article XIII.) 



35 
Article X. 

MANNER OF CONDUCTING ELECTIONS. 

Time polls to be kept open. ] [Sections 48 and 321, original act.] 
Section 1. At all elections to which this act applies, except at elec- 
tions held in cities, villages and incorporated towns which have here- 
tofore adopted or may hereafter adopt the provisions of an act enti- 
titied *'An act regulating the holding of elections and declaring the 
results thereof in cities, villages and incorporated towns,'* approved 
June 19, 18H5, the polls shall be opened at seven o'clock in the morn- 
ing and shall be closed at five in the evening; but if the judges shall 
not attend at the hour of seven o'clock in the morning, or if it shall 
be necessary for the electors present to appoint judges to conduct the 
election, as hereinbefore prescribed, the polls may, in that case, be 
opt?ned at any hour before the time for closing the same shall arrive, 
as the case may require. 

Proclamation.] [Section 49, original act.] Section 2. I'pon 
opening the polls, one of the clerks or judges of election shall make 
proclamation of the same, and at least thirty minutes before the clos- 
ing of the [X)l]s proclamation shall be made in like manner that the 
ix)ll8 w^ill be closed in half an hour. 

Ballot-box publicly exhibited, etc. — locked— keys. ] [Section 
oO, original act.] Section 3. Before any ballot shall be deposited 
in the ballot-box, the ballot-box shall be publicly opened and ex- 
hibited, and the judges and clerks shall see that no ballot is in such 
box; after which the box shall be locked and the key delivered to 
one of the judges, and shall not again be opened until the close of 
the polls. 

Poll lists— how kept.] [Section 51, original act.] Section 4. 
"Each clerk of the election shall keep a poll list, which shall contain 
a column headed "number" and another headed "names of voters." 
The name of each elector voting shall be entered upon each of the 
poll books by the clerks, in regular succession, under the proper head- 
ings, and the number of such voter placed opposite his name in the 
column headed "number." 

No ADJOURNMENT OR RECESS.] [Section 56, original act.] Sec- 
tion 5. After the opening of the polls, no adjournment shall be had, 
nor shall any recess be taken, until all the votes cast at such election 
shall have been counted and the result publicly announced. 

Manner of voting — checking on register list.] [Section 309, 
original act.] Section 6. Any person desiring to vote shall give his 
name, and, iJF required to do so, his residence, to the judges of elec- 
tion, one of whom shall thereupon announce the same in a loud and 
distinct tone of voice, clear and audible, and if such name is found on 
the register of voters by the officer having charge thereof, he shall like- 
wise repeat said name and the voter shall be allowed to enter the 
space enclosed by the guard rail. One of the judges shall give the 
voter one, and only one, ballot on the back of which such judge 
shall indorse his initials in such manner that they may be seen 



3G 

when the ballot is properly folded, and the voters' name shall be 
immediately checked on the register list. At all elections when a 
registry may be required, it' the name of any person so desiring to 
vote at such election is not found on the register of voters, he shall 
not receive a ballot until he shall have complied with the law pre- 
scribing the manner and conditions of voting by unregistered voters. 
If any person desiring to vote at any election shall be challenged, 
he shall not receive a ballot until he shall have established his right 
to vote in the manner provided by law. Besides the election offi- 
cers, not more than two voters in excess of the whole number of 
voting booths provided shall be allowed in said inclosed space at one 
time. 

Manner of preparing ballot.] [Section 310, original act.] Sec- 
tion 7. On receipt of his ballot the voter shall forthwith, and with- 
out leaving the inclosed space, retire alone to one of the voting booths 
so provided and shall prepare his ballot by making in the appropriate 
margin or place a cross (X) opposite the name of the candidate of 
his choice for each oflSce to be filled, or by writing in the name of the 
candidate of his choice in a blank space on said ticket, making a 
cross (X) opposite thereto; and in case of a question submitted to 
the vote of the people, by making in the appropriate margin or place 
a cross (X) against the answer he desires to give: Provided, how- 
ever*, if he shall desire to vote for all of the candidates of one politi- 
cal party or group of petitioners, he may place such mark at the ap- 
propriate place preceding the appellation 'or title under which the 
names of the candidates of such party or group of petitioners art* 
printed, and the ballot so marked shall be counted as cast for all of 
the candidates named under that title: Provided^ further, that the 
voter may place such mark at the appropriate place preceding the 
appellation or title of one party or group of petitioners and may also 
mark, at the appropriate place preceding the name or names of one 
or more candidates printed under the appellation or title of some 
other party or group of petitioners, and a ballot so marked shall be 
counted as cast for all the candidates named under the appellation or 
title which has been so marked, except as to the officers as to which 
he has placed such mark preceding the name or names of some other 
candidate or candidates printed under the title of some other party 
or group of petitioners, and as to such it shall be counted as cast for 
the candidate or candidates preceding whose name or names such 
mark may have been placed. Before leaving the voting booth, the 
voter shall fold his ballot in such manner as to conceal the marks 
thereon. He shall then vote forthwith in the manner now provided 
by law, except that the number corresponding to the number of the 
voter on the poll books shall not be indorsed on the back of his bal- 
lot. He shall mark and deposit his ballot without undue delay, and 
shall quit said enclosed space as soon as he has voted. No voter shall 
be allowed to occupy a voting booth already occupied by another, nor 
remain within said inclosed space more than ten minutes, nor to 
occupy a voting booth more than live minutes, in case all of said vot- 
ing booths are in use and other voters waiting to occupy the same. 
No voter, not an election officer, shall, after having voted,, be allowed 



37 

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 mark- 
ing his ballot by two of the election officers of different political par- 
ties, 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 elec- 
tion 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 
t4ection 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 disa- 
bility, and no intoxicated i^erson 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 )U3, 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 ])0 marked ''defective'* 
on the ba(*k 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 stat- 
ing how it was counted shall be written upon the back of each ballot 
so marked, and all ])allots marked "defective"' or ''objected to" shall 
he enclosed in an enveloi^e securely sealed and so marked and en- 



38 

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 i^rinting and distribution of the ballots, and a re- 
ceipt taken therefor, and shall be preserved six months; such officer 
shall keep a record of the number of ballots delivered for each poll- 
ing 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 can- 
vass 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 etjual to such excess; and the number of the ballots agree- 
ing 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 pur- 
pose, wi:h the name of sucli 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 bal- 
lots, or either of the poll lists, or either of the tally papers to be re- 
moved 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.] [Sec- 
tion 814, 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 tlie 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 oacli 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 
prim(( faoic evidence of the result of such canvass of the ballots. Im- 
mediately 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 



39 

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 b":* 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 tlie 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 
terrors of the judges in counting or refusing to count any ballot cor- 
rected bv the court or bodv trving such contest, but such ballots shall 
be opened only in open court or in open session of such body and in 
the pr>ence of the officer having the custody thereof. 

Form of return ] [Section (>1, 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 exj)ressed in words 
at full length: such entrv to be made, as nearlv as circumstances 
will admit, in the following form, to-wit: 

At an election held at in the county of 

and State of Illinois, on the dav of , in the vear 

of our Lord one thousand hundred and the fol- 
lowing named persons received the number of votes annexed to their 
respective names for the following described officH^s, to-wit: (Name 
of candidate) had (number of votes) for (title of office), (and in the 
same manner for any other i)ersons voted for). (V'rtiiied by us. 

A H. / 

C 1). JikUjch of Elcriion. 
E F, \ 

Returns to be .made to county clkkk, etc. -canvass, etc. — 1 
[Section ()2, original act 1 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 numVx^r of votes cast for each 
person voted for, shall be carefully enveloped and .sealed up and put 
into the hands of one of the iudLres of election, wdio 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 writ- 
ten thereon, and another of the tally papers footed up as aforesaid, 
shall be carefully enveloped and sealed up and duly directed to the 



40 

Secretary of State, and by another of the judges of election, de- 
posited in the nearest postoffice within six hours after the comple- 
tion 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 StaCe 
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 de- 
lay, 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 l)y one of the judges of 
election, and safely kept by said town clerk or judge, for the uso 
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 cor- 
rectness of the same. 

Challengers. J [Section 64, 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 re- 
main 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 re- 
quire: Of votes for Governor and Lientenant-Crovernor, on one 
sheet; of votes for other State officers, on another sheet; of votes 
for Presidential Electors, on another sheet; of votes for Representa- 
tives to Congress, on another sheet; of votes for Judges of the Su- 
preme 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 A.^sembly, on another sheet: of votes for members of the 
State Board of Equalization, on another sheet; of votes for county 
officers, on another slieet. The foregoing abstracts shall be preserved 
by the county clerk in his office. 

Certificate OF election.) [Section 72, original act.] Section 
2. The count V 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. 



41 

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 tilled 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 
(liy of election, and determine by lot which of them is to be declared 
elected. 



Drawing lots— certificates. 



[Section 74, original act.] Sec- 



tion 4. On the day appointed, the clerk and other canvassers, or in 
case of their absence, the State's attorney or sheriflF, shall attend, and 
tlie j>arties 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 ab- 
stracts of votes for other officers and indorse the same so as to show 
the contents of the.x^ackage. and direct the same to the Secretary of 
State. The several packages shall then be placed in one enveloi^e 
and addressed to the Secretarv of State. 

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

Canvass by secretary of state, etc. — co*imission, etc.— procla- 
mation.] [Section 7H, 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 can- 
vass 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 mem- 
bers of the State Board of Equalization and Trustees of the Univer- 
sity of Illinois respectively; and the persons having the highest num- 
ber 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 ec^ual number of votes for the same office, 
the Secretary of State, in the presence of the other officers and the 
Governor, shall decide by iot 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 cas(? may require, and shall cause 
proclamation to be made of the result of the canvass. 



42 
Article XII. 

CONTESTING ELECTIONS. 

When LEcasLATCRE to hear.] [Section 94, original act.] Section 
1. The General Assembly, in joint session, shall hear and determ- 
ine cases of contested elections of Governor and lieutenant Govern- 
or, Secretary of State, Auditor of public Accounts, Treasurer, Su- 
perintendent of Public Instruction, Trustees of the University of 
Illinois and Attorney General. The meetinof of the two houses, to 
decide upon such election shall be held in the hall of the House of 
Representatives, and the the Speaker of the House shall i^reside. 

Senators and representatives.) [Section 95. orij^inal act. ) 
Section 2. The Senate and House of Representatives shall severally 
hear and determine contests of tiie election of their respective mem- 
bers. 

By SUPREME coiRT.] ISection 9(), original act.) Section H. The 
Supreme Court shall hear and determine contests of the election of 
judges of the Supreme Court, clerks of the Supreme Court, judges of 
the Circuit Court, judges of the Superior Court of Cook County, 
members of the State Board of iujualization; but no judge of the Su- 
preme Court shall sit upon the hearing of any case in which he is 
a party. 

By CIRCUIT COURTS.) [Section 97, original act.] Section 4. The 
Circuit Courts in the respective counties, and in Cook county in the 
superior court also, may have [hear) and determine contests of the 
election of judges of the county courts, mayors of cities, presidents 
of county boards, presidents of villages, in reference to the removal 
of count}^ seats and in reference to any other subject which may be 
submitted to the vote of the people of the county, and concurrent 
jurisdiction with the county court in all cases mentioned in section 
ninety-eight (DN). 

By COUNTY (OURT.) [ Section 1)S, original act. ) Section 5. The 
Countv Court shall hear and determine contests of election of all 
other county, town and precinct officers, and all other officers for the 
contesting of whose election no provision is made. 

Election of state officers— petition of contestant.] [Section 
99, original act. J Section ii. When any elector shall desire to con- 
test the election of (lovernor. Lieutenant-Governor, Secretary of 
State. Auditor of Public Accounts, Treasurer, Superintendent of 
Public Instruction or Attornev General, he sliall, within ten davs 
after the result of the election shall have been determined, present a 
I)etition to the General Assembly, setting forth the points on which 
he will contest such election, and praying for leave to produce his 
proof. 

Joint committee TO take testimony.) [Section 1(X), original 
act.) Section 7, The General Assembly shall appoint a joint com- 
mittee to take the testimony on the part of the petitioner, and the 
person whose place is contested. 



43 

Powers of joint committee.] [Section 101, original act.] Sec- 
tion 8. The committee so appointed shall have power to send for 
witnesses, and compel the attendance of witnesses and the produc- 
tion of papers, issue commissions under the hand of its chairman, to 
any officer authorized to take depositions in other cases, to take the 
depositions of witnesses upon the points set forth in the petition, 
at such time and place as the commission shall direct. 

Notice.] [Section 102 original act.] Section 9. Reasonable no- 
tice shall be given by the party in whose favor the deposition is to 
bf taken, to the opposite party, of the time and place of taking the 
same. 

Testimony.] [Section 103, orij^jinal act. ] Section 10. No testi- 
mony shall be taken except upon the points set forth in the petition. 

Report of committee— he.\ring— decision.] [Section 104, origi- 
nal act.] Section 11. The committee shall report the facts to the 
House, and a day shall be fixed by a joint resolution for the meeting 
of the two houses to decide upon the same, in which decision the 
yeas and nays shall be taken and entered upon the journal. 

Who may contest senator or representative.] [Section 105, 
original act.] Section 12. The election of any member declared 
duly elected to a seat in the Senate or House of Representatives of 
the General Assembly may be contested by any qualified voter of 
the county or district to be represented by such Senator or Repre- 
sentative. 

Notice of contest.] [Section KXi, original act.] Section 13. The 
contestant shall, within thirty days after the result of the election 
shall have been determined, serve on the person whose election he 
will contest a notice of his intention to contest such election, ex- 
pressing the points on which the same will be contested; and shall, 
also, on or before the next session of the General Assembly, deliver 
a copy of such notice to tlie Secretary of State. In case the person 
whose election is contested is absent, or can not be found, service 
may be had by leaving a copy of such notice at his usual place of 
residence. 

Testimony— HOW taken] [Section 107, original act.] Section 
14. Whenever a notice shall have been given of intention to contest 
an election, as provided in the preceding section, either party may 
proceed to take testimony of any witness before any judge, justice 
of the peace, clerk of a court, master in chancery or notary public, 
on giving to the adverse party, or his attorney, ten days' notice of 
the time and i^lace of taking the same, and one day in addition 
thereto (Sunday inclusive) for every fifty miles' travel from the place 
of residence of such pfirty to the place where such deposition is to 
be taken. If the party entitled to notice resides in the county w^here 
the deposition is to be taken, five days' notice shall be suflScient. 

Power op officer TAKiN(i testimony,] [Section 108, original 
act.] Section 15. The officer before whom depositions are taken 
shall have power to compel the production of papers and the attend- 
ance of witnesses: and the same proceedings may be had to compel 



44 

the attendance of witnesses as are provided in the case of taking 
depositions to be used in courts of law and equity. 

Depositions, etc., to be sent to secretary of state.] [Section 
109, original act.] Section 16. • A copy of the notice to take deposi- 
tions, with proof of the service thereof, with the deposition, shall be 
sealed up and transmitted by mail or otherwise, to the Secretary of 
State, with an indorsement thereon, showing the names of the con- 
testing parties, tjie office contested, and the nature of the papers. 

Delivery of notice of contest, etc. — duty of presiding offi- 
<:er.] [Section 110, original act.] Section 17. The Secretary of 
State shall deliver the copy of the notice deposited with him by the 
contestant and the depositions unopened to the presiding officer of 
the branch of the General Assembly to which the contest relates on 
or before the second day of its session next after the receipt of the 
same; and the presiding officer shall immediately give notice to his 
house that such papers are in his possession. 

Rights of either house saved.] [Section 111, original act.] 
Section 18. Nothing herein contained shall be construed to abridge 
the right of either branch of the General Assembly to grant com- 
missions to take depositions, or to send for and examine any witneses 
it may desire to hear on such trial. 

Who may contest election of other officers.] [Section 112, 
original act.] Section 19. The election of any person declared 
elected to any office other than Governor, Lieutenant-Governor, Sec- 
rotary of State, Auditor of Public Accounts, Treasurer, Superinten- 
dent of Public Instruction, Attorney General, Senator or Represent- 
ative, may be contested by any elector of the State, judicial division, 
district, county, town or precinct in and for which the person is de- 
clared elected. 

Contestant to file statement, etc.] [Section 113, original act.] 
Section 20. The person desiring to contest such election shall, within 
thirty days after the person whose election is contested is declared 
elected, file with the clerk of the proper court a statement, in writing, 
setting forth the points on which he will contest the election, which 
statement shall be verified by affidavit in the same manner as bills in 
chancery may be verified. 

Summons.) [Section 114, original act.] Section 21. Upon the 
filing of such statement, summons shall issue against the person 
whose office is contested, and he may be served with process, or 
notified to appear, in the same manner as is provided in cases in 
chancery. 

Evidence.) [Section 115, original act.] Section 22. Evidence 
may be taken in the same manner and upon like notice as in cases 
in chancery. 

Trial.] [Section 110, original act.] Section 23. The case shall 
be tried in like manner as cases in chancery, and may be heard and 
determined by the court in term time, or by the judge in vacation, 
at any time not less than ten (10) days after service of process, or at 
any time after the defendant is required by notification to appear, 



45 

and shall have preference in the order of hearing to all other cases. 
The court in term time, or the judge in vacation, may make and en- 
force all necessary orders for the preservation and production of the 
ballots, poll books, tally papers, returns, registers and other papers 
or evidence that may bear upon the contest. 

Other elections contested. ] [Section 117, original act. J Section 
2-4. Any five electors of the county may contest an election upon 
anj' subject which may by law be submitted to a vote of the people 
of the county, upon filing in the circuit court, within thirty days 
after the result of the election shall have been determined, a written 
statement in like form as in other cases of contested elections in the 
circuit court. The county shall be made defendant, and process 
shall be served as in actions against the county; and like proceed- 
ings shall be had as in other cases of contested elections before such 
court. 

When elector may defend for county. | [Section 118, original 
act. J Section 25. In case the county board shall fail or refuse prop- 
erly to defend such contest, the court shall allow any one or more 
electors of the county to appear and defend, in which case the electors 
so defending shall be liable for the costs, in case the judgment of the^ 
court shall be in favor of the contestant. 

Judgment.] [Section 119, original act.] Section 26. The judg- 
ment of the court in cases of contested elections, shall confirm or 
annul the election according to the right of the matter; or, in case 
the contest is in relation to the election of some person to an of- 
fice, shall declare as elected the person who shall appear to be duly 
elected. 

Tie.] [Section 120. original act.l Section 27. If it appears that 
two or more persons have, or would have had, if the legal ballots cast,. 
or intended to be cast for them had been counted, the highest and an 
equal number of votes for the same office, the persons receiving such 
vote shall decide by lot, in such manner as the court shall direct,, 
which of them shall be declared duly elected; and the judgment shall . 
be entered accordingly. 

Certified copy of JUDciMEXT.) [Section 121, original act. J Sec- 
tion 28. A certified copy of the judgment of the court shall have the 
same effect as to the result of the election, as if it had been so declared 
by the canvassers. 

When election adjudged void.] [Section 122, original act.] Sec- 
tion 29. When the person whose election is contested is found to 
have received the highest number of legal votes, but the election 
is declared null by reason of legal disqualification on his part, or 
for other causes, the person receiving the next highest number of 
votes shall not be declared elected, but the election shall be declared 
void. 

Appeal.] [Section 12)^, original act.] Section 30. In all cases of 
contested elections in the circuit courts or county courts, appeals may 
be taken to the Supreme Court in the same manner, and upon like 
conditions as is provided by law for taking appeals in cases in chan- 
cery from the circuit courts. 



4t) 

Ballots to be opened.] ] Sections 60 and 314, original act.] Sec- 
tion 31. In all cases of contested elections, the parties contesting 
the same shall have the right to have the package of ballots cast at 
such election opened, and to have all errors of the judges in counting 
or refusing to count any ballot, corrected 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 hav- 
ing the custody thereof. 

Article XIII. 

OFFENSES AND PENALTIES. 

LiguoR.] [Section 79, original act.] Section 1. No spirituous, 
malt, vinous or intoxicating liquor shall be sold or given away at re- 
tail, nor shall any dram-shop, saloon or bar-room or place where such 
liquor is so sold or given away, be open upon any general or special 
election day within one mile of the place of holding an election. 
Whoever violates the provisions of this section shall be fined in a 
sum not less that $25 nor more than $100. It shall be the duty 
of the sheriff, coroner, constables and other officers or the county, 
and magistrates, to see that the provisions of this section are en- 
forced. 

False swearing.] [Section 80, original act.] Section 2. If any 
person whose vote is challenged, or any witness sworn under the pro- 
visions of this act, shall knowingly, wilfully and corruptly swear 
falsely, he shall be deemed guilty of perjury, and on conviction thereof 
shall be punished accordingly. 

Registry.] [Part section 142, original act.] Section 3. Any per- 
son who shall wilfully make to any board of registry, any false state- 
ment in relation to his location, residence or qualification to vote, or 
to be registered at any election, or in any election precinct or dis- 
trict, shall be deemed guilty of a misdemeanor, and shall, upon con- 
viction, be punished with a fine of fifty dollars, or by imprisonment 
in the county jail for a period of ten days, or by both such fine and 
imprisonment. 

Fradulent registration — False swearing, etc.] [Part section 
147, original act.] Section 4. Any person who shall cause his name 
to be registered in more than one election district, or who shall cause 
his name to be registered, knowing that he is not a qualified voter in 
the district where such registry is made, or who shall falsely per- 
sonate any registered voter, and any person causing, aiding or abet- 
ting any person, in any manner, in either of said acts, shall be pun- 
ished, for each and every oflFense, by imprisonment in the State 
prison for not less than one year. All intentional false swearing be- 
fore said board of registration shall be deemed willful and corrupt 
perjury, and, on conviction, punished as such. 

Illegal voting.] [Section 81, original act.] Section 5. Who- 
ever unlawfully votes more than once at any election, or offers to 



J 



47 

vote after having once voted at such election, or knowing that he is 
not a (qualified voter at an election, wilfully votes at such election, 
shall on conviction thereof, be tined in a sum not exceeding $1,000, 
or imprisonment in the county jail not exceeding one year, or both, in 
the discretion of the court. 

Other offenses.) [ Section S2, original act. J Section (>. Who- 
ever wilfully aids or abets any one not legally qualified to vote at 
an election in voting or attempting to vote at such election; or 

Second — Furnishes an elector with a ticket or ballot, informing 
him that it contains a name different from that which appears there- 
on, with intent to induce him to vote contrary to his inclination: or 

Third — Changes a ballot of an elector with intent to deprive such 
elector of voting for such person as he intended; or 

Fourth — By unlawful means prevents or attempts to prevent any 
voter from attending or voting at an election; or 

Fifth Gives, or offers to give, any valuable thing or bri})e to any 
judge or clerk of election, as a consideration for some act to be done, 
or omitted to be done, contrary to his official duty in relation to such 
election, shall, on conviction thereof be fined in a sum not exceed- 
ing §1,000, or imprisoned in the county jail not exceeding one year, 
or both, in the discretion of the court. And any judge or clerk who 
shall receive, request or demand any bribe or reward forbidden by 
this act, shall, upon conviction, be liable to the same penalties as are 
proscribed in this hrticle for the giving or offering to give such bribe 
or reward. 

Receiving, REguEsxiNcv, etc., bribes, etc. — upon second offense.] 
(Section 8*3, original act.] Section 7. Any person who shall solicit, 
reque.st, demand or receive, directly or indirectly, any money, intoxi- 
cating liquor or other thing of value, or the promise thereof, either 
to influence his vote, or to be used, or under the pretense of being 
used, to procure the vote of any other person or persons, or to be 
used at any poll or other place prior to or on the day of an election 
for or against afty candidate for office, or for or against any meas- 
ure or question to be voted upon at such election, shall be deemed 
<^uilty of the infamous crime of bribery in elections, and upon con- 
viction thereof in any court of record, shall be sentenced to disfran- 
chisement by the judge of such court for a term of not less than five 
aor more than fifteen years, and to the county jail not less than three 
months nor more than one year, and to pay the costs of prosecution 
and stand committed to the county jail until such costs shall be fully 
paid. That for a conviction of a second offense under this section, 
the first being alleged and proven, such second offender shall be by 
the sentence of the court forever disfranchised and deprived of the 
right to vote at any election in this State, and be imprisoned in the 
county jail not less than one year, and be committed to jail in de- 
fault of payment of costs of prosecution until such costs are fully 
paid. Prosecution may be had under this section by indictment in 
the circuit court, or by information in the county courts, and the 
effect of a sentence of disfranchisement in either of said courts, both 
having jurisdiction of offenses hereunder, shall be to deprive such 



48 

persons sentenced of the right to vote at any general or special elec- 
tion, or town meeting, within this State for the period of time fixed 
by the court where such person shall be convicted under this section. 
Any candidate or other person paying, furnishing or promising to 
pay or furnish, or bribing such person with money, intoxicating 
liquor or other thing of value, or the promise thereof, shall not hi- 
liable to punishment therefor, but shall be a competent witness and 
compelled to testify in prosecutions under this section. Solicitation 
by any person of a loan of money, or the purchase of anything of 
value, or of liquor by the drink, or treat to influence or affect his 
vote, or any other subterfuge, shall be deemed a violation hereof. 

Persons DiSFRAN'CHisED.] [Last part, Section 83, original act.) 
Section 8. Any person who shall have been legally convicted and 
disfranchised by a court of competent jurisdiction who shall, befon^ 
the expiration of his term of disfranchisement, vote, or offer to vote, 
at any general or special election or town meeting, shall, upon, in- 
dictment and conviction thereof in a court of competent jurisdiction, 
be confined in the penitentiary for a term of years not less than one 
nor more than ten. 

Disorderly conduct.] [Section 84, original act.] Section 9. 
Whoever is disorderly at any election shall forfeit a sum not exceed- 
ing twenty-five dollars. 

Betting on election.] [Section 85, original act.] Section 10. 
Whoever bets or wagers any money, property or other valuable thing 
upon the result of an election which may be held under the Consti- 
tution or laws of this State, or bets or wagers money, property or 
other valuable thing upon the nun;iber of votes which may be given 
to any person at an election, or upon who will receive the greatest 
number of votes at an election, or agrees to pay any other person any 
money, property or other valuable thing in the event that an election 
shall result in one way, or in the event that any person shall or shall 
not bo elected, or shall receive a greater number of votes than others, 
upon conviction thereof he shall be fined in a sum not exceeding 
$1,000, or imprisoned in the county jail not exceeding one year, or 
both, in the discretion of th.^ court. 

Absenc^e for voting pl'rpo.^es— Employer preventing, penalty. 1 
[Part Section 812, original act.] Section 11. Any person or corpo- 
ration who shall refuse to an employ^ the privilege of absenting 
himself two hours from service or employment for the purpose of 
voting, as provided in this act, or shall subject an employ 6 to a pen- 
alty or deduction of wages be(!ause of the exerci.se of such privilege, 
or who shall directly or indirectly violate the provisions of this sec- 
tion, shall be deemed guilty of a misdemeanor and be fined in any 
sum not less than five dollars nor more than one hundred dollars. 

Carryinc^ away, DEFACL\(i. ETC., POLL BOOKS, ETC.] [Section 93, 
original act.) Section 12. Whoever shall, wilfully and wrongfully, 
take or carry away from the place w^here it has been deposited for 
safe keeping, or deface, mutilate or change any poll l)ook, ballot or 
tally list, or any name or figure therein, shall, on conviction, be fined 



'i 4U 

in a sum not exceeding Sl,(XX), or imprisoned in the county jail not 
I t-xceeding one year, or both, in the discretion of the court. 

Destroying poster lists, etc. — penalty.) [Section^^ 13(> and 
.'J17, original act. J Section Hi. Any person who shall, prior to an 
♦'lection, wilfully take down or destroy any list of voters posted by 
any board of registration, or any list of candidates posted in accord- 
ance with the provisions of this act, or who, during an election, shall 
wilfully deface, tear down, remove or destroy any card of instruc- 
tions or specimen ballot printed and posted for the instruction of 
voters, or who shall, during an election, wilfully remove or destroy 
any of the supplies or conveniences furnished to enable voters to 
prepare their ballots, or shall wilfully hinder the voting of others, 
shall be punished by a fine not less than ten dollars nor more than 
one hundred dollars. 

Destroying, etc., certificate of nomination -spcriocs ballots. 
etc. — penalty.] [Section 318, original act] Section U. Any 
person who shall falsely make or wilfully destroy any certificate of 
nomination or nomination papers, or any part thereof, or any letter 
of withdrawal, or file any certificate of nomination or nomination 
papers, knowing the same or any part thereof to be falsely made, or 
suppress any certificate of nomination or nomination papers, or any 
part thereof, which has been duly filed, or forge or falsely make the 
official endorsement on any ballot, or shall take from the jjoUing 
place any official ballot or substitute therefor any spurious or coun- 
terfeit ballot, or make, use, circulate, or cause to be made or circu- 
lated as an official ballot any paper printed in imitation or resem- 
blance thereof, or wilfully destroy or deface any ballot, or wilfully 
delay the delivery of any ballots, shall be punished by a fine not less 
than one hundred dollars and not exceeding one thousand dollars, to 
by imprisonment in the penitentiary not less than one year and nor 
exceeding five years, or by both such fine and imprisonment. 

Electioneering at polls prohibited —penalty.) [Section 315, 
original act.] Section 15. No person whatever shall do any elec- 
tioneering or soliciting of votes on election day within any polling 
place or within one hundred feet of any polling place; no person 
shall interrupt, hinder or oppose any voter while approaching the 
polling place for the purpose of voting. Whoever shall violate the 
provisions of this section shall be x^unished by a fine of not less than 
twenty-five dollars nor more than one hundred dollars for each and 
every offense; and it shall be the duty of the judges of election to 
enforce the provisions of this section. 

Unlawful exhibition of ballot— false statement— penalty.] 
[Section 310, original act.] Section If). Any voter who shall, ex- 
cept as herein otherwise provided, allow his ballot to be seen by any 
I)erson with an apparent intention of letting it be known how he is 
about to vote, or who shall make a false statement as to his inabilitv 
to mark his ballot, or any person who shall interfere, or attempt to 
interfere, with any voter when inside said enclosed space, or when 
marking his ballot, or who shall endeavor to induce any voter before 

— 4E. 



50 

voting to show how he marks or has marked his ballot, shall be pun- 
ished by a tine of not less than five dollars nor more than one hun- 
dred dollars, and it shall be the duty of the election judges to enforce 
the provisions of this section. 

When other person ascertains or discloses vote.] [Section 
88. original act.] Section 17. If any person shall wiltullj^ or cor- 
ruptly ascertain or publish or reveal how any elector voted at an 
election, he shall, on conviction thereof, be fined in any sum not ex- 
ceeding Si, 000. or imprisoned in the county jail not exceeding one 
year, or both, in the discretion of the court. 

BY ELECTION OFFICERS. 

Offenses of jruoE of election.] [Section 86, original act.) 
Section 18. If any judge of any election shall permit a person to 
vote, whose vote is challenged, without the proof required in this 
act; or 

Second— Shall knowingly and wilfully permit a person to testify 
as a witness contrary to the provisions of this act; or 

Third — Shall knowingly permit a person to vote who is not quali- 
fied according to law; or 

Fourth— Shall knowingly receive and count more than one vote 
from the same person at the same election for the same office, except 
as allowed bv law; or 

Fifth -Shall refuse to receive the vote of a qualified elector at 
such election, who will make the affidavit and proof required by this 
act; or 

Sixth — Shall be guilty of any fraud, corruption, partiality or mani- 
fest misbehaviour; or 

Seventh --Shall open or unfold any ballot when the same is pre- 
.sented to be deposited in the ballot-box; or 

Eighth— Shall wilfully neglect to perform any of the duties re- 
quired of him by this act. shall, on conviction thereof, be fined in a 
sum not exceeding 81,(XX), or imprisoned in the county jail not ex- 
ceeding one year, or both, in the discretion of the court. 

When judge or clerk ascertains or discloses vote.] [Sec- 
tion S7, original ?.ct.J Section 19. If any judge or clerk or election 
shall wilfully or corruptly ascertain, or shall allow any other person 
to ascertain, or shall wilfully publish or reveal how any elector voted 
at an election, he shall, on conviction thereof, be fined in any sum 
not exceeding $1,000, or imprisoned in the county jail not exceeding 
one year, or both, in the discretion of the court. 

Neglect of duty by clerk.] [Section 89, original act.] Sec- 
tion 20. If any clerk of an election shall wilfully neglect to perform 
any duty required of him as clerk of election, or shall be guilty of 
fraud, corruption or misbehaviour as such clerk, he shall, on convic- 
tion, be fined in a sum not exceeding $500, or imprisoned in the county 
jail not exceeding six months, or both, in the discretion of the court. 



51 

Failure to deliver poll books, etc. ] [Section 90, original act.] 
Section 21. If any judge, clerk or mesaenger, after having been 
deputed by the judges of election to carry the poll books, tally list 
and votes of such election to the place where, by law, they are re- 
ijuired to be canvassed, wilfully or negligently fails to deliver such 
poll books, tally list or ballots within the time prescribed by law, 
with the seal unbroken, he shall, upon conviction, be fined in a sum 
not exceeding $500, or imprisoned in the county jail not exceeding 
>ix months, or both, in the discretion of the court. 

Neglect BY COUNTY clerk.) [Section 91, original act. j Section 
22. If the county clerk wilfully neglects or refuses to perform any 
duty required of him by this act, he shall, upon conviction, be fined 
in a sum not exceeding $5(X), and shall be liable to any perHon in- 
jured by reason of such negleot or refusal, in an amount not exceed- 
ing $500, to be recovered in an action on the case. 

Fraud IX CANVASSING.) [Section 112. original act.) Section 23. 
If any county clerk or ju.stice of tht? peace shall be guilty of any 
fraud, corruption or misbehaviour, in canvassing the votes or making 
any abstract of votes, or issuing any certificate of election, he shall, 
on conviction, be fined in any sum not exceeding $500, or imprisoned 
in the county jail not exceeding one year, or both, in the discretion 
of the court. 

Refusal of supervisor, etc, to act— penalty.] [Section 93i, 
original act. J Section 24. If any supervisor, county commissioner, 
or member of any county board, shall wilfully refuse, neglect or fail 
to do any act, or perform any duty required of him by the election 
laws of this State, he shall be deemed guilty of a misdemeanor, and, 
upon conviction, fined not exceeding five hundred dollars, or impris- 
oned in the county jail not exceeding six months, or both, in the 
discretion of the court. 

Neglect of officej< to perform duties.] [Section 319, original 
act.] Section 25. Any public ofticer upon whom a duty is imposed 
by this act [June 22, I'^^l,] who shall wilfully neglect to perform 
such duty, or who shall wilfully perform it in such a way as to hin- 
der the object of this act, shall be punished by a fine of not less than 
five dollars nor more than one thousand dollars, or by imprisonment 
in the penitentiary for not less than one year, and not exceeding five 
vf-ars, or by both such fine and imprisonment. 

Penalty for miscondtct of board of registration.] [Section 
U7, original act.] Section 2(>. If any member or officer of any 
board of registration shall wilfully violate any of the provisions of this 
act [July J 5. 1865, ] or be guilty of any fraud in the execution of the 
duties of his office, he shall be punished for each and every offense 
by imprisonment in the State's prison for not less than one year. 

Repeal.] [Section 322. original act.] Section 27. This act shall 
not repeal an act entitled ''An act regulating the holding of elections 
and declaring the results thereof in cities, villages and incorporated 
towns," approved June 19. 1885, or any of the amendments thereto: 
hut all elections in cities, villages and incorporated towns which 



52 



have heretofore adopted or which may hereafter adopt the said act. 
shall be held in accordance with the provisions thereof. Except a? 
to the manner of making nominations for office, the manner of print- 
ing and distributing ballots, the form of ballot, the arrangement and 
the furnishing of polling places and voting booths, and the manner 
of voting and the numbering and preserving the ballots, all of which 
shall be in conformity with the provisions of this act. No penalty 
provided for a violation of any of the provisions of this act shall be 
construed as a substitute for, or a repeal of an}' penalty provided in 
the aforesaid act of June 19, 1885. for a violation of any of the pro- 
visions of said act. 

Article XIV. 

RESIGNATION AND VACANCIES. 

Of elective officers.] [Section 124, original act.] Section 1 
Resignations of elective offices shall be made to the officer, cotirt or 
county board authorized by law to fill a vacancy in such office by ap- 
pointment, or to order an election to fill such vacancy. 

When office becomes vacant.] [Section 125. original act. i 
Section 2. Every elective office shall become vacant on the happen- 
ing of either of the following events before the expiration of tin* 
term of such office : 

First— The death of the incumbent. 

Second — His resignation. 

Third — His becoming insane. 

Fourth — His ceasing to be an inhabitant of the State, or, if tht* 
office is local, his ceasing to be an inhabitant of the district, county, 
town or precinct for which he was elected. 

Fifth — His conviction of an infamous crime, or of any oflPense in- 
volving a violation of official oath. 

Sixth — His removal from office. 

Seventh — His refusal or neglect to take his oath of office, or t<> 
give or renew his official bond, or to deposit or file such oath <ir 
bond within the time prescribed by law. 

Eighth — The decision of a competent tri])unal declaring his elec- 
tion void. 

Who may determine when vacancy exists. ] [Section 126. oritri- 
nal act. J Section 3. Whenever it is alleged that a vacancy in any 
office exists, the officer, court or county board, whose duty it is to 
fill the vacancy by appointment, or to order an election to fill such 
vacancy, shall have power to determine whether or not the facts oc- 
casioning such vacancy exists. 

Governor and lieutenant governor vacant.) [Section 127. 
original act.] Section -l. In case of vacancies in the office- of 
Governor and Lieutenant-Governor, the officer performing the duties 
of the office of Governor, or if there is no such officer, the Secretarv 



53 

of State, shall issue n ptoclamation appointing a day for a special 
election to fill such vacancies, and shall issue a writ of election to the 
county clerks of the several counties in the State, and shall also, 
when necessary, call a special session of the General Assembly to 
canvass the votes cast at such election; but if such vacancy shall 
occur not more than ninety days before «i general election for mem- 
Iwrs of the Legislature, the vacancies shall be filled at such general 
election, in which case no special session of the General Assembly 
to canvass votes shall be deemed necessarv. 

State treasurer and auditor.] [Chapter 130, section 4. Chapter 
15. section 4.] Section 5. If any person elected to the office of 
State Treasurer or Auditor of Public Accounts shall failtogiye bond 
or take the oat|i required of him within ten days after he is declared 
elected, the office shall be deemed vacant, and if the Treasurer or 
Auditor of Public Accounts, being required by the Governor to give 
additional bond fails to do so within twenty days after notice of such 
requirement, his office may, in the discretion of the Governor, be de- 
clared vacant and filled as jjrovided by law. 

Other state OFFICES. J 1 Section 12tS, original act.] Section 6. 
When a vacancy shall occur in the office of Secretary of State, Audi- 
tor of Public Accounts, Treasurer, Attorney-General, Superintendent 
of Public Instruction or member of the State Board of Equalization, 
the C-fovernor shall fill the same by appointment, and the appointee 
shall hold his office during the remainder of the term, and until his 
successor is elected and qualified. 

Senatokor REPRESENTATIVE.] [Section 129, original act.] Sec- 
lion 7. When a vacancy sliall occur in the office of Senator or Rep- 
resentative in the (reneral Assembly, it shall be the duty of the 
county clerk of the county in which the member whose office is 
vacant resided, to notify the Governor of such vacancy. Whereupon 
the Governor shall issue a writ of election to the county clerk or 
clerks of the county or counties in which the vacancy is to be filled, 
fixing a day upon which an ele<*tion shall be held to fill such vacancy; 
but unless the General Assembly shall be in session at the time the 
vacancy occurs, or there sliall be a session between the time vacancy 
occurs and the next succeeding general election, no special election 
slmll be ordered to fill such vacancv. 

Representatives l\ congress.] (Section 130, original act.] Sec- 
tion H. W^hen any vacancy shall occur in the office of Representa- 
tive in Congress from this State, the Governor shall issue a writ of 
election to the county clerks of the several counties in the district 
where the vacancy exists, appointing a day to hold' a special election 
to fill such vacancv. 

Judges.] [Section 131. original act. | Section 9. When a vacancy 
shall occur in the office of judge of the Supreme Court, judge of the 
circuit court, judge of the Superior Court of Cook county, or judge 
of the probate county court, tlie clerk of the court in which the 
vacancy exists, shall notify the Governor of such vacancy. If such 
vacancy shall oeeur within one year before the expiration of the term 
<^f the office made vacant, the Governor shall fill such vacancv bv 



54 

appointinent: but if the unexpired term exceeds one year, the Gov- 
ernor shall issue a writ of election, as in other cases of vacancies to 
be filled by election. 

Clerks of courts.) [Section 132, original act.) Section UK 
When a vacancy shall occur in the office of clerk of the Supreme 
Court, or in the office of clerk of the superior court of Cook county, 
or clerk of the circuit court of any of the counties of this State, and 
the unexpired term of such clerk shall exceed one year, it shall b** 
the duty of the court, or. if in vacation, of the jud^e or judges of tht* 
court in which such vacancy may occur, to appoint a clerk pro tem- 
pore; and such appointee shall qualify in the same manner, and give 
l)ond as required by law of the clerk of the court to which he is ap- 
pointed, to be approved by tlie court, or. if in vacation, by the jud^t* 
or judges making the appointment: and thereupon such appointee 
shall be authorized to perform all duties and receive all emolument:? 
allowed by law to the duly elected clerk of such court, and shall hold 
such office until an election can be held to fill the same, and until the 
jjerson so elected shall have qualified according to law. Whenever 
an appointment shall be made, as provided by this act, it shall be the 
duty of the court, or the judge or judges making such appointment, 
to notify the Governor forthwith of the vacancy filled by such ap- 
pointment; and upon receiving such notice, it shall l>e the duty of 
the Governor, as soon thereafter as may be practi<'able. to issue a 
writ of election as in other cases of vacancies to be filled by election, 
in the same manner as if no appointment had been made; and when 
any such vacancy shall occur, and the unexpired term does not exceed 
one year, such vacancy shall be filled by appointment by the court to 
which such office appertains, or by the judge or judges thereof. 

County officers, precinxt officers, etc.] [Section K^3. original 
act. I Section 11. When a vacancy shall occur in the office of 
county commissioner, State's attorney, sheriff, coroner, county clerk. 
recorder of deeds, county treasurer, county surveyor, or other county, 
town or precinct officer not otherwise provided for by law, within one 
year before the expiration of the term of such vacant office, the va- 
cancy shall be tilled by appointment by the county board of the 
county in which the vacancy exists; but if such unexpired term ex- 
ceeds one year the county clerk, or, in case of a vacancy in his office, 
the chairman of the county board, shall issue an order appointing a 
day for an election to fill such vacancy, and cause notice thereof to 
be given as in other cases of election. 

County supekintendent. J [Chapter 122, Section 14.) Section 
12. When the office of county superintendent shall become vacant 
by death, resignation, the removal of the incumbent by the county 
board or otherwise, the county board shall fill such vacancy by ap- 
pointment, and the person so appointed shall hold his office until the 
next election of county officers, at which election the county board 
shall order the election of a successor. 

Vacancy — how filled. | [Chapter 79, Section 7.] Section L'i. 
When a vacancy occurs in the office of a justice of the peace or con- 
stable, by death, resignation, removal from the town or precinct, or 



other cause, if the unexpired term exceeds one j'ear his office shall 
be filled by special election; and it shall be the duty of the town 
clerk in counties under township organization, and county clerks in 
counties not under township organization, in case of such vacancy, 
to issue his order to the judges of election of the proper town or pre- 
cinct, requiring them, on a certain day therein named, not less than 
twenty days from the issuing of such order, to hold an election to fill 
such vacancy; and at the same time the county clerk shall deliver to 
such judges three copies of a notice of such election, two of which 
notices shall be posted up in such town or precinct in the most pub- 
lic places therein; and an election shall be held pursuant to such 
order, and conducted as other elections. If the unexpired term of 
his office does not exceed one year, the vacancy shall be filled by ap- 
ix>intment by the county board. 

JuDOE OF CITY COURTS.] [ Chapter 37, part Section 244.] Section 
14. Vacancies in the office of judge of city court shall be filled for 
the unexpired term, at a special election, to bo called and held by the 
same authority and in the same manner that other city elections may 
be held, where such unexpired term exceeds one year; but where the 
same does not exceed one year, such vacancy shall be filled by ap- 
pointment by the (lovernor. 

To WHAT ELECTIONS THIS ACT MAY APPLY. ] [Section 1.34, original 
act.] Section 15. The provisions of this article shall apply, as far 
as practicable, to all elections in the State, whether general, special, 
local or municipal, except so far as they are modified or contravened 
by other legal enactments. 

Article XV. 

CONGRESSIONAL APPORTIONMENT. 

Districts.] [Section 15(), original act.] Section 1. Be if en- 
fwted by the People of the State of Illinois, ref>resenfe(l in the Gen- 
erdl Assembly : The State of Illinois be and the same hereby is 
apportioned into twenty-two congressional districts, and that the 
same are hereby established and shall be respectively composed as 
herein set forth, to-wit: 

The first district shall be composed of the towns of Rich, Bloom, 
Orland, Bremen, Thornton, Calumet and Worth in Cook county, and 
the Fourth ward east of the center line of Wentworth avenue, the 
Third ward, the Thirty-first ward, the Thirty-second ward, the 
Thirty-third ward and the Thirty-fourth ward of the city of Chicago. 

The Second district shall be composed of the towns of Lemont, 
PaloB, Lyons, Proviso, Riverside. Cicero, Leyden, Norwood Park, 
Maine, Elk Grrove, Schaumburg and Hanover, in Cook county, and 
the Tenth, Twenty-eighth, Twenty-ninth and Thirtieth wards of the 
city of Chicago. 

The Third district shall be composed of the First, Second, Fifth, 
Sixth, Seventh wards and that part of the Fourth ward west of the 
center line of Wentworth avenue, all in the city of Chicago. 



56 . 

The Fourth district shall be composed of the Eighth, Ninth 
Twelftli and Nineteenth wards of the city of Chicago. 

The Fifth district shall be composed of the Eleventh, Thirteenth. 
Sixteenth, Eighteenth and Seventeenth wards of the city of Chicago. 

The Sixth district shall be composed of the Twentieth, Twenty- 
first. Twenty- second, Twenty-third and Twenty-fourth wards, also 
that part of the Twenty-fifth ward south of the center line of Diver- 
sey street and west of the center line of Halsted street, and that part 
of the Twenty-sixth ward sonth of the center line of Belmont avenue, 
all in the city of Cliicago. 

The Seventh district shall be composed of the Fourteenth, Fif- 
teenth and Twenty-seventh wards, the Twenty-fifth ward except 
that part south of the center line of Diversery street aftd west of the 
center line of Halsted street, that part of the Twenty-sixth ward 
north of the center line of Belmont avenue, in the city of Chicago; 
also the towns of Evanston, Niles, New Trier, Northfield, Wheeling. 
Palatine and Barrington, in Cook county, and the county of Lake. 

The Eijrhth district shall be composed of the counties of McHenry, 
DeKalb, Kane, DuPage, Kendall and Grundy. 

The Ninth district shall be composed of the counties of Boone. 
Winnebago, Stephenson. JoDaviess, Carroll, Ogle and Lee. 

The Tenth district shall be composed of the counties of White- 
side, Rock Island, ^Mercer, Henry, Knox and Stark. 

The eleventh district shall be composed of the counties of Bureau. 
LaSalle, Livingston and Woodford. 

The Twelfth district shall be composed of the counties of Will. 
Kankakee, Iroquois and Vermilion. 

The Thirteenth district shall be composed of the counties of Ford. 
]\rcLean, DeWitt. Piatt, Champaign and Douglas. 

The Fourteenth district shall be composed of the counties of Put- 
num, Marshall, Peoria, Fulton, Tazewell and Mason. 

The Fifteenth district shall be composed of the counties of Hen- 
derson, Warren. Hancock. McDonough, Adams, Brown and Schuyler. 

The Sixteenth district shall be composed of the counties of Cass. 
Morgan, Scott, Pike, Grreene, Macoupin, Calhoun and Jersey. 

The Seventeenth district shall be composed of the counties of 
Menard, Logan. Sangamon, Macon and Christian. 

The Eighteenth district shall be composed of the counties of Madi- 
son. Montgomery, Bond, Fayette, Shelby and Moultrie. 

The Nineteenth district shall be composed of the counties of Coles, 
Edgar, Clark, Cumberland, Effingham, Jasper, Crawford, Richland 
and Lawrence. 



The Twentieth district shall be composed of the counties of Clay. 
Jetferson, Wayne, Hamilton. Edwards. Wabash, Franklin, White 
(rallatin and Hardin. 



57 

I 

The Twenty-first district shall bo coiiH)Osed of the counties of 
Marion, Clinton, Washington, St. Clair, Monroe, Randolph and 
Perry. 

The Twenty-second district shall be composed of the counties of 
Jackson, Union, Alexander, Pulaski, Johnson, Williamson, Saline, 
Pope and Massac. 

One representative from each district.] [Section 151, original 
a«'t. ] Section 2. One representative to the Congress of the United 
States shall be elected in each of the districts before enumerated, on 
the Tuesday after the first Monday of November, in the year of our 
Lord 1894, and one in each of said districts every two years there- 
after; such election shall be held and the returns thereof made and 
canvassed in the manner provided by law. 

Define? ward in Chicago.] [Section 151a, original act. J Sec- 
tion 3. Wherever the words *'ward'' or "wards" in the city of Chi- 
caj^o are used in this act they shall be construed as meaning the 
wards as existing in said city at the time of the passage of this act. 

Repeal.] [Section 151b, original act.] Section 4. An act en- 
titled "An act to apportion the State into twenty congressional dis- 
tricts and establish the same, and provide for the election of repre- 
sentatives therein," approved April 29, 18S2, in force July 1, 1882 is 
herebj' rei>ealed. 

Article XVI. 

SENATORIAL AND REPRESENTATIVE APPORTIONMENT. 

Apportionment.] [Section 152, original act.] Section 1. Be if 
viKtcted hy the People of ihe State of Illinois, represented in the 
General Assembly : That sections one (1) and two (2) of an act 
entitled ''An act to apportion the State of Illinois into Senatorial 
districts, and to repeal certain acts therein named," approved June 
15. 1893, and in force July 1, 1893, be amended to read as follows: 

Section 1. That the State of Illinois be and it is hereby divided 
into Senatorial districts as provided in the Constitution of the State 
of Illinois, each of which districts shall be entitled to one Senator 
and three Representatives as follows, to-wit: 

First — The First, Second and Fifth wards in the city of Chicago, 
in the county of Cook, shall constitute the First District. 

Second — The Tenth ward and that part of the Twelfth ward lying 
west of the center line of Ro})ey street in the city of Chicago, in the 
county of Cook, shall constitute the Second District. 

Third— The Thirty-first, Thirty-third and the Thirty-fourth wards 
in the city of Chicago, in the county of Cook, shall constitute the 
Third District. 

Fourth — (The Twenty-eighth and the Twenty-ninth wards and that 
part of the Sixth ward lying west of the South Fork of the South 



58 

Branch of the Chicago river in the city of Chicago and the towu of 
Cicero, all in the county of Cook, shall constitute the Fourth Dis- 
trict. 

Fifth — The Thirtieth and Thirty-second wards in the city of Chi- 
cago, in the county of Cook, shall constitute the Fifth District. 

Sixth — The Fifteenth, Twenty-sixth and Twenty-seventh wards in 
the city of Chicago, in the county of Cook, shall constitute the Sixth 
District. 

Seventh — The towns of Thornton, Bloom, Rich, Bremen, Orland, 
Lemont, Palos, Worth, Lyons, Proviso, Leyden, Elk Grove, Schautu- 
burg, Hanover, Barrington, Palatine, Wheeling, Northfield, New 
Trier and Riverside, and those parts of the towns of Calumet, Nor- 
wood Park, Maine, Niles and Evanston lying outside of the city of 
Chicago, all in the county of Cook, shall constitute the Seventh Dis- 
trict. 

Eighth — The counties of Lake, McHenry and Boone shall consti- 
tute the Eighth District. 

Ninth — The Third and Fourth wards and that part of the Sixth 
ward lying east of the South Fork of the South Branch of the C Chi- 
cago river, in the city of Chicago, in the county of Cook, shall con- 
stitute the Ninth District. 

Tenth — The counties of Winnebago and Ogle shall constitute the 
Tenth District. 

Eleventh — The Thirteenth and Fourteenth wards in the city of 
Chicago, in the county of Cook, shall constitute the Eleventh Dis- 
trict. 

. Twelfth — The counties of Stephenson, JoDaviess and Carroll shall 
constitute the Twelfth District. 

Thirteenth — The Seventh and Eighth wards in the city of Chicago, 
in the county of Cook, shall constitute the Thirteenth District. 

Fourteenth — The countv of Kane shall constitute the Fourteenth 
District. 

Fifteenth — The Ninth ward and that part of the Eleventh ward 
lying south of the center line of Lake street, and west of the center 
lines of Sheldon street and Loomis street, and that part of the 
Twelfth ward lying east of the center line of Robey street in the city 
of Chicago, in the county of Cook, shall constitute the Fifteenth 

District. 

_ * 

Sixteenth — The counties of Kankakee and Iroquois shall consti- 
tute the Sixteenth District. 

Seventeenth — The Sixteenth and Seventeenth wards and that part 
of the Eleventh ward lying north of the center line of Lake street, 
in the city of Chicago, in the county of Cook, shall constitute the 
S(»venteenth District. 

p]ighteenth — The counties of Ford, Livingston and Woodford shall 
constitute the Eighteenth District. 



59 

Nineteenth — The Eighteenth and Nineteenth wards and that part 
of the Eleventh ward lying south of the center line of Lake street 
and east of the center line of Sheldon street and Loomis street in the 
city of Chicago, in the county of Cook, shall constitute the Nine- 
teenth District. 

Twentieth — The counties of Knox, Marshall, Putnam and Stark 
shall constitute the Twentieth district. 

Twenty-first — The Twenty-first, Twenty-second and Twenty- fifth 
wards in the city of Chicago, in the county of Cook, shall constitute 
the Twentv-first district. 

» 

Twenty-second — The counties of McLean and Tazewell shall con- 
stitute the Twenty-second district. 

Twenty-third — The Twentieth, Twenty- third and Twenty-fourth 
wards, in the city of Chicago, in the county of Cook, shall constitute 
the Twenty-third district. 

Twenty-fourth — The county of Peoria shall constitute the Twenty- 
fourth district. 

Twenty-fifth — The c€)unties of Will and DuPage shall constitute 
the Twenty-fifth district. 

Twent3'^-8ixth — The counties of McDonough, Warren and Fulton 
shall constitute the Twenty-sixth district. 

Twentv-seventh — The county of La Salle shall constitute the 
Twentv-seventh district. 

Twenty-eighth — The counties of Hancock, Henderson and Mercer 
shall constitute the Twenty-eighth district. 

Twenty-ninth — The counties of DeKalb, Kendall and Grundy 
.shall constitute the Twentv-ninth district. 

Thirtieth — The counties of Champaign, Piatt and Moultrie shall 
constitute the Thirtieth district. 

Thirty-first — The counties of Bureau, Whiteside and Lee shall 
constitute the Thirty-first district. 

Thirty-second — The counties of Mason, Cass, Brown and Schuyler 
shall constitute the Thirty-second district. 

Thirty-third — The counties of Rock Island and Henry shall con- 
stitute the Thirty-third district. 

Thirty-fourth — The counties of Morgan, Scott and Pike shall con- 
stitute the Thirty- fourth district. 

Thirty-fifth — The counties of Vermilion and Edgar shall consti- 
tute the Thirty-fifth district. 

Thirty-sixth — The counties of Green, Macoupin, Jersey and C-al- 
houn shall constitute the Thirty-sixth district. 

Thirty-seventh — The county of Adams shall constitute the Thirty- 
.seventh district. 

Thirty-eighth— The counties of Madison and Bond shall constitute 
the Thirty-eighth district. 



60 

Thirty-ninth — The county of Sangamon shall constitute the Thirty- 
ninth district. 

Fortieth — The counties of Douglas, Coles and Clark shall consti- 
tute the Fortieth district 

Forty-first — The counties of Macon, DeWitt and Logan shall con- 
stitute the Forty-first district. 

Forty-second — The counties of Fayette, Effingham. Clinton and 
Marion shall constitute the Forty-second district. 

Forty-third— The counties of Christian, Montgomery and Shelby 
shall constitute the Forty-third district. 

Forty-fourth— The counties of Clay, Wayne, Edwards, Wabash 
and Lawrence shall constitute the Forty-fourth district. 

Forty-fifth — The counties of Jasper, Crawford, Cumberland and 
Richland shall constitute the Forty-fifth district. 

Forty-sixth — The counties of JefFerson, Hamilton and White shall 
constitute the Forty-sixth district. 

Forty-seventh— The counties of Washington. Perry, Franklin and 
Williamson shall constitute the Forty-seventh aistrict. 

Forty-eighth —The counties of Monroe. Randolph and Jackson 
shall constitute the Forty-eighth district. 

Forty-ninth— The county of St. Clair shall constitute the Forty- 
ninth district. 

Fiftieth — The counties of l^nion, Alexander, Pulaski and Massac 
shall constitute the Fiftieth district. 

Fifty-first — The counties of Johnson, Pope, Hardin, Cxallatin and 
Saline shall constitute the Fifty-first district. 

Ward defined.] Section 2. Wherever the word *'ward" or 
''wards,'' "street" or "streets" in the city of Chicago are used in this 
act they shall be construed as meaning the ward or wards or street or 
streets as existing in said city of Chicago on the first day of De- 
cember, A. D. 1897. 



Article XVIL 

.u'dicial apportionment. 
Supreme Court. 

* 

Districts.] [Article VI, section 5 of Constitution.) The State 
shall be divided into seven districts for the election of judges, and 
until otherwise provided by law they shall be as follows: 

First District.— The counties of St. Clair, Clinton, Washington, 
Jefferson, Wayne, Edwards, Wabash. White, Hamilton, Franklin. 
Perry. Randolph, Monroe, Jackson, Williamson, Saline, Gallatin. 
Hardin. Pope, Union, Johnson, Alexander, Pulaski and Massac. 



61 

Second District. — The counties of Madison, Bond, Marion, Clay, 
Richland. Lawrence, Crawford, Jasper, Effingham, Fayette, Mont- 
gomery, Macoupin, Shelby, Cumberland, Clark, Greene, Jersey, Cal- 
houn and Christian. 

Third District — The counties of Sangamon, Macon, Logan, De- 
Witt, Piatt, Douglas, Champaign, Vermilion, McLean, Livingston, 
Ford, Iroquois, Coles, Edgar, Moultrie and Tazewell. 

Fourth District. — The counties of Fulton, McDonough, Hancock, 
Schuyler, Brown, Adams, Pike, Mason. Menard, Morgan, Cass and 
Scott. 

Fifth District. — The counties of Knox, Warren, Henderson, Mer- 
cer. Henry, Stark, Peoria, Marshall, Putnam, Bureau, LaSalle, Grundy 
and Woodford. 

Sixth District. — The counties of Whiteside, Carroll, Jo Daviess, 
Stephenson, Winnebago, Boone, McHenry, Kane, Kendall, DeKalb, 
Lee, Ogle and Rock Island. 

Seventh District. — The counties of Lake. Cook, Will, Kankakee 
and DuPage. 

The boundaries of the districts may be changed at the session of 
the general assembly next preceding the election for judges therein, 
and at no other time; but whenever such alterations shall be made 
the same shall be upon the rule of equality of popula'tion, as nearly 
as county boundaries will allow, and the districts shall be composed 
of contiguous counties, in as nearly compact form as circumstances 
will permit. The alteration of the districts shall not affect the ten- 
ure of office of any judge. 

Circuit Courts. 

Circuits.] [Chapter 37, Section 73. | Section L Be it enacted 
hi/ the People of the State of Illinois, rei>resented in the Oenei'al 
Assembly, That in lieu of the circuit courts provided by law and now 
existing, the State of Illinois, exclusive of the county of Cook, shall 
be and the same is hereby divided into judicial circuits as follows: 

First Circuit — The counties of Alexander, Pulaski, Massac, Pope, 
Johnson, Union, Jackson, Williamson and Saline. 

Second Circuit — The counties of Hardin, Gallatin, White, Ham- 
ilton, Franklin, Wabash, Edwards, Wayne, Jefferson, Richland, 
Lawrence and Crawford. 

Third Circuit — The counties of Randolph, Monroe, St. Clair, Mad*- 
ison, Bond, Washington and Perry. 

Fourth Circuit — The counties of Clinton, Marion, Clay, Fayette, 
Effingham, Jasper, Montgomery, Shelby and Christian. 

Fifth Circuit — The counties of Vermilion, Edgar, Clark, Cumber- 
land and Coles. 

Sixth Circuit — The counties of Champaign, Douglas, Moultrie, 
Macon, DeWitt and Piatt.* 



60 

Thirty-ninth — The county of Sangamon shall constitute the Thirty- 
ninth district. 

Fortieth — The counties of Douglas, Coles and Clark shall consti- 
tute the Fortieth district 

Forty-first — The counties of Macon, DeWitt and Logan shall con- 
stitute the Forty-first district. 

Forty-second — The counties of Fayette, Effingham, Clinton and 
Marion shall constitute the Forty-second district. 

Forty-third — The counties of Christian, Montgomery and Shelby 
shall constitute the Forty-third district. 

Forty-fourth— The counties of Clay, Wayne, Edwards, Wabash 
and Lawrence shall constitute the Forty-fourth district. 

Forty-fifth — The counties of Jasper, Crawford, Cumberland and 
Richland shall constitute the Forty-fifth district. 

Forty-sixth — The counties of JefFerson, Hamilton and White shall 
constitute the Forty-sixth district. 

Forty-seventh — The counties of Washington. Perry, Franklin and 
Williamson shall constitute the Forty-seventh district. 

Forty-eighth —The counties of Monroe. Randolph and Jackson 
shall constitute the Forty-eighth district. 

Forty-ninth — The county of St. Clair shall constitute the Forty- 
ninth district. 

Fiftieth — The counties of Union, x\lexander, Pulaski and Massac 
shall constitute the Fiftieth district. 

* 

Fifty-first —The counties of Johnson, Pope, Hardin, Gallatin and 
Saline shall constitute the Fifty-first district. 

Ward defined.] Section 2. Wherever the word "ward'' or 
"wards," "street" or "streets" in the city of Chicago are used in this 
act they shall be construed as meaning the ward or wards or street or 
streets as existing in said city of Chicago on the first day of De- 
cember, A. D. 18V)7. 



Article XVII. 

.JUDICIAL apportionment. 

Siiprewr Court, 

Districts.) [Article VI, section 5 of Constitution.] The State 
shall be divided into seven districts for the election of judges, and 
until otherwise provided by law they shall be as follows: 

First District. — The counties of St. Clair, Clinton, Washington, 
Jefferson, Wavne, Edwards, Wabash, White, Hamilton, Franklin. 
Perry, Randolph, Monroe, Jackson, Williamson, Saline, Gallatin. 
Hardin, Pope, l^nion, Johnson, Alexander, Pulaski and Massac. 



(>1 

Second District. — The counties of Madison, Bond, Marion, Clay, 
Richland. Lawrence, Crawford, Jasper, Effingham, Fayette, Mont- 
gomery, Macoupin, Shelby, Cumberland, Clark, Greene, Jersey, Cal- 
noun and Christian. 

Third District — The counties of Sangamon, Macon, Logan, De- 
Witt, Piatt, Douglas, Champaign, Vermilion, McLean, Livingston, 
Ford, Iroquois, Coles, Edgar, Moultrie and Tazewell. 

Fourth District. — The counties of Fulton, McDonough, Hancock, 
Schuyler, Brown, Adams, Pike, Mason, Menard, Morgan, Cass and 
Scott. 

Fifth District. — The counties of Knox, Warren, Henderson, Mer- 
cer. Henry, Stark, Peoria, Marshall, Putnam, Bureau, LaSalle, Grundy 
and Woodford. 

Sixth District. — The counties of Whiteside, Carroll, Jo Daviess, 
Stephenson, Winnebago, Boone, McHenry, Kano, Kendall, DeKalb, 
Lee, Ogle and Rock Island. 

Seventh District. — The counties of Lake, Cook, Will, Kankakee 
and DuPage. 

The boundaries of the districts may be changed at the session of 
the general assembly next preceding the election for judges therein, 
and at no other time; but whenever such alterations shall be made 
the same shall he upon the rule of equality of iX)pulation, as nearly 
as county boundaries will allow, and the districts shall be composed 
of contiguous counties, in as nearly compact form as circumstances 
will permit. The alteration of the districts shall not affect the ten- 
ure of office of any judge. 

Circuit Courts. 

Circuits.] 1 Chapter 37, Section 73. | Section 1. Be it enacted 
hij the People of the State of Illinois, represented in the General 
Assembly, That in lieu of the circuit courts provided by law and now 
existing, the State of Illinois, exclusive of the county of Cook, shall 
be and the same is hereby divided into judicial circuits as follows: 

First Circuit — The counties of Alexander, Pulaski, Massac, Pope, 
Johnson, Union, Jackson, Williamson and Saline. 

Second Circuit — The counties of Hardin, Gallatin, White, Ham- 
ilton, Franklin, Wabash, Edwards, Wayne, Jefferson, Richland, 
Lawrence and Crawford. 

Third Circuit — The counties of Randolph, Monroe, St. Clair, Mad- 
ison, Bond, Washington and Perry. 

Fourth Circuit — The counties of Clinton, Marion, Clay, Fayette, 
Effingham, Jasper, Montgomery, Shelby and Christian. 

Fifth Circuit — The counties of Vermilion, Edgar, Clark, Cumber- 
land and Coles. 

Sixth Circuit — The counties of Champaign, Douglas, Moultrie, 
Macon, DeWitt and Piatt.* 



64 

title of ^'Primary Election Law,*' and any election lielcl in pursuance 
of any notice calling for an election under the "Primary Elec- 
tion Law," shall be taken and be deemed to be an election under this 
law. 

Judges — clerks — oath — duties — penalty.] [Section 338, origi- 
nal act.] Section 5. The persons named as judges and clerks of 
election in the notice required by section four of this act, or any per- 
sons assuming or chosen to be such judges and clerks in the absence, 
refusal or failure to act of any of the judges or clerks named in sucli 
notice, shall first make oath or affirmation that they are legal voters 
and householders in one of the regular election precincts within the 
primary election district for which they were appointed to serve: 
that they will faithfully and correctly conduct such election, protect 
it against all frauds and unfairness, carefully and truly canvass all 
votes cast thereat, and in every way conform to the provisions of this 
act, and of the notice for the election, which oath may be adminis- 
tered by any one of the judges, or by any person authorized under 
the laws of the State to administer oaths. And if one or all of the 
judges appointed to serve at the election be absent, or fail or refuse 
to serve at the hour appointed for the election to begin, then the 
electors present to the number of not less than five, possessing the 
qualifications of persons entitled to vote at said election, shall choose 
a person or persons to fill any vacancy that may exist. Any viola- 
tion of the provisions of this section shall be deemed a misdemeanor, 
and shall subject the offender on conviction to punishment by a fine 
of not less than fifty dollars nor more than two hundred dollars, or 
by imprisonment in the county jail not less than one nor more than 
six months, or by both such fine and imprisonment, in the discretion 
of the court. 

Who may vote — commissioners — lists — penalty for voting con- 
trary TO this act. 1 [Section 339, original act.] Section 6. Every 
legal voter entitled to vote at regular elections within any election 
precinct, included within the primary district of which he is a resi- 
dent, and who is a member of the political association or party hold- 
ing the primary election, shall be entitled to vote at such primary 
election: Provided, That in cities, towns or villages, where there is a 
board of election commissioners having jurisdiction of general elec- 
tions, no person shall be allowed to vote unless he shall be a member 
of the political party or association holding such primary election, 
and shall, upon demand, give the judges his name and place of resi- 
dence, and he shall state upon like demand (if made) that he has not 
voted at any other primary election held by any other political asso- 
ciation or party for a period of one year prior to the date of the pri- 
mary election then held. He shall not have voted at this or any 
other poll at any primary election hold that day, nor shall he be al- 
lowed to vote unless, in addition to the qualifications hereinbefore 
prescribed, he is a registered voter in one of the election precincts 
contained within the primary election district wherein he resides, 
and it shall be the duty of the board of election commissioners to 
furnish and distribute among the judges of every primary election 
held under this act, complete lists of the registered voters in each 



►o 



election precinct contained within their respective primary election 
districts. Any person who is not a member of the political associa- 
tion or party holding a primary election, who votes at such primary 
election, shall be deemed guilty of a misdemeanor and shall be sub- 
ject, on conviction, to punishment by a fine of not less than fifty dol- 
lars nor more than two hundred dollars, or by imprisonment in the 
county jail not less than six months or by both such fine and impris- 
onment, in the discretion of the court; and in any prosecution for 
the violation of the provisions of this act, wherein the fact as to the 
political party or association to which the defendant belongs is ma- 
terial, such membership may be shown by evidence of general repu- 
tation in the neighborhood where said defendant resided at the time 
of committing the alleged offense as to the political party or associa- 
tion to which he belonged. 

Committee to divide district — number of vcrrERS in.] [Sec- 
tion 840, original act.] Section 7. The committee or body electing 
to hold a primary election under this act shall divide the district, 
ward, township, city, town or village into primary election districts. 
Such primary election districts shall be formed of contiguous elec- 
tion precincts in as nearly compact form and as nearly equal as cir- 
cumstances will permit; and no such primary election district shall 
be formed which shall contain more than 800 voters of the political 
association or party holding the primary election, the number of such 
voters to be determined by the vote cast at the last preceding presi- 
dential election. At any primary election held under this act, the 
voters of each of such primary election districts entitled to vote at 
such election shall choose their own representatives or delegates. 

Judges may hear objections— oath- registered voter— chal- 
lenge — PENALTY.) [Section 341, original act.) Section 8. It shall 
be the duty of the judges of said election to entertain objections 
made by any qualified elector within his own primary election dis- 
trict, to any vote which may be offered, on the ground that the per- 
son offering it is not a citizen of the United States, or a legal resi- 
dent and voter under the general election laws of the State, of the 
election precinct, ward, township, district, city, town or village for 
which the election is held; or that he is not a member of the associ- 
ation or party holding such election, or in case such person offering 
to vote should be registered by the terms of this act, that he is not a 
registered voter, or that he has received or been promised, directly 
or indirectly, any money, fee or reward for his vote for any candi- 
date, or that he has voted before at that place or some other place 
on that day, or at tliQ same election; and it shall be the duty of one 
of the judges of the election, if such objection be not withdrawn, to 
administer to the person so offering to vote, an oath or affirmation to 
the general effect that he will truly testify to all matters relating to 
his qualifications under the general election laws of the State, to his 
residence, citizenship, the political party or association to which he 
belongs, receiving or being promised, directly or. indirectly, any 
money, fee or reward for his vote from any candidate or any other 
person, or whether he has voted at that or any other place on that 

—5 E. 



50 

voting to sbow how be marks or has marked his ballot, shall be pun- 
ished by a fine of not less than five dollars nor more than one hun- 
dred dollars, and it shall be the duty of the election judges to enforce 
the provisions of this section. 

When other person ascertains or discloses vote.] [Section 
88. original act.] Section 17. If any person shall wilfully or cor- 
ruptly ascertain or publish or reveal how any elector voted at an 
election, he shall, on conviction thereof, be fined in any sum not ex- 
ceeding $1,(X30, or imprisoned in the county jail not exceeding one 
year, or both, in the discretion of the court. 

BY ELECTION OFFICERS. 

Offenses of .iiuce of election.] [Section JSG, original act.] 
Section IH. If any judge of any election shall permit a person to 
vote, whose vote is challenged, without the proof required in this 
act; or 

Second— Shall knowingly and wilfully permit a person to testify 
as a witness contrary to the provisions of this act; or 

Third— Shall knowingly permit a person to vote who is not quali- 
fied according to law; or 

Fourth — Shall knowingly receive and count more than one vote 
from the same person at the same election for the same office, except 
as allowed bv law; or 

» 

Fifth Shall refuse to receive the vote of a qualified elector at 
such election, who will make the affidavit and proof required by this 
act; or 

Sixth — Shall be guilty of any fraud, corruption, partiality or mani- 
fest misbehaviour; or 

Seventh— Shall open or unfold any ballot when the same is pre- 
sented to be deposited in the ballot-box; or 

Eighth— Shall wilfully neglect to perform any of the duties re- 
quired of him by this act, shall, on conviction thereof, be fined in a 
sum not exceeding S1,()0(), or imprisoned in the county jail not ex- 
ceeding one year, or both, in the discretion of the court. 

When jud(;e or clerk ascertains or discloses vote. ] [Sec- 
tion ST, original ?ct. j Section 19. If any judge or clerk of election 
shall wilfully or corruptly ascertain, or shall allow any other person 
to ascertain, or shall wilfully publish or reveal how any elector voted 
at an election, he shall, on conviction thereof, be fined in any sum 
not exceeding S1,00(), or imprisoned in the county jail not exceeding 
one year, or both, in the discretion of the court. 

Neglect of duty by clerk.) [Section 89, original act.] Sec- 
tion 20. If any clerk of an election shall wilfully neglect to perform 
any duty required of him as clerk of election, or shall bo guilty of 
fraud, corruption or misbehaviour as such clerk, he shall, on convic- 
tion, be fined in a sum not exceeding $500, or imprisoned in the county 
jail not exceeding six months, or both, in the discretion of the court. 



51 

Failure to deliver poll books, etc.] [Section 90, original act.] 
Section 21. If any judge, clerk or messenger, after having been 
deputed by the judges of election to carry the poll books, tally list 
and votes of such election to the place where, by law, they are re- 
quired to be canvassed, wilfully or negligently fails to deliver such 
[xdH books, tally list or ballots within the time prescribed by law, 
with the seal unbroken, he shall, upon conviction, be fined in a sum 
not exceeding $500, or imprisoned in the county jail not exceeding 
six months, or both, in the discretion of the court. 

Neglect BY COUNTY clerk. I [Section 91, original act.) Section 
'12. If the county clerk wilfully neglects or refuses to perform any 
duty required of him by this act, he shall, upon conviction, be fined 
in a sum not exceeding $5(X), and shall be liable to any person in- 
jured by reason of such neglect or refusal, in an amount not exceed- 
ing $500, to be recovered in an action on the case. 

Fraud IN CANVASSING.] [Section 92, original act.] Section 23. 
If any county clerk or justice of the peace shall be guilty of any 
fraud, corruptioi> or misbehaviour, in canvassing the votes or making 
any abstract of votes, or issuing any certificate of election, he shall, 
on conviction, be fined in any sum not exceedfng $5(X), or imprisoned 
in the county jail not exceeding one year, or both, in the discretion 
of the court. 

Refusal of supervisor, etc, to act— penalty.] [Section 9i]^, 
original act.] Section 24. If any supervisor, county commissioner, 
or member of any county board, shall wilfully refuse, neglect or fail 
to do any act, or perform any duty required of him by the election 
laws of this State, he shall be deemed guilty of a misdemeanor, and, 
upon conviction, fined not exceeding five hundred dollars, or impris- 
oned in the county jail not exceeding six months, or both, in the 
discretion of the court. 

Neglect of office|i to perform duties. ] [Section 319, original 
net. I Section 25. Any public officer upon whom a duty is imposed 
by this act [June 22, 1891. J who shall wilfully neglect to perform 
such duty, or who shall wilfully perform it in such a way as to hin- 
der the object of this act, shall be punished by a fine of not less than 
five dollars nor more than one thousand dollars, or by imprisonment 
in the penitentiary for not less than one year, and not exceeding five 
yt^ars, or by both such fine and imprisonment. 

Penalty for misconduct of board of registration.] [Section 
147, original act. j Section 20. If any member or officer of any 
board of registration shall wilfully violate any of the provisions of this 
act [July J 5, 1865, | or be guilty of any fraud in the execution of the 
duties of his office, he shall be punished for each and every offense 
by imprisonment in the State's prison for not less than one year. 

Repeal.] [Section 322, original act.) Section 27. This act shall 
not repeal an act entitled "An act regulating the holding of elections 
and declaring the results thereof in cities, villages and incorporated 
towns," approved June 19, 1885, or any of the amendments thereto; 
but all elections in cities, villages and incorporated towns which 



52 

have heretofore adopted or which may hereafter adopt the said act, 
shall be held in accordance with the provisions thereof. Except h< 
to the manner of making nominations for office, the manner of print- 
ing and distributing ballots, the form of ballot, the arrangement and 
the furnishing of polling places and voting booths, and the aianner 
of voting and the numbering and preserving the ballots, all of which 
shall be in conformity with the provisions of this act. No penalty 
provided for a violation of any of the provisions of this act shall be 
construed as a substitute for, or a repeal of any penalty provided in 
the aforesaid act of June 19, 1885, for a violation of any of the pro- 
visions of said act. 

Article XIV. 

RESIGNATION AND VACANCIES. 

Of elective officers.] [Section 124. original act.] Section 1 
Resignations of elective offices shall be made to the officer, court or 
county board authorized by law to fill a vacancy in such office by ap- 
pointment, or to order an election to fill such vacancy. 

When office becomes vacant.] [Section 125. original act. | 
Section 2. Every elective office shall become vacant on the happen- 
ing of either of the following events before the expiration of tlif 
term of such office: 

First — The death of the incumbent. 

Second — His resignation. 

Third — His becoming insane. 

Fourth — His ceasing to be an inhabitant of the State, or, if tli»* 
office is local, his ceasing to be an inhabitant of the district, county, 
town or precinct for which he was elected. 

Fifth — His conviction of an infamous crime, or of any offense in- 
volving a violation of official oath. 

Sixth — His removal from office. 

Seventh — His refusal or neglect to take his oath of office, or t<> 
give or renew his official bond, or to deposit or file such oath or 
bond within the time prescribed by law. 

Eighth — The decision of a competent tril)unal declaring his elec- 
tion void. 

Who may determine when vacancy exists. ] ( Section 126, origi- 
nal act.] Section 3. Whenever it is alleged that a vacancy in any 
office exists, the officer, court or county board, whose duty it is to 
fill the vacancy by appointment, or to order an election to fill sudi 
vacancy, shall have power to determine whether or not the facts oc- 
casioning such vacancy exists. 

Governor and lieutenant governor vacant.] (Section 127. 
original act.] Section 4. In case of vacancies in the office- of 
Governor and Lieutenant-Governor, the officer performing the duties 
of tlie office of Governor, or if there is no such officer, the Secretary 



/ 



53 

of State, shall issue n proclamation appointing a day for a special 
election to fill such vacancies, and shall issue a writ of election to the 
county clerks of the several counties in the State, and shall also, 
when necessary, call a special session of the General Assembly to 
canvass the votes cast at such election; but if such vacancy shall 
occur not more than ninety days before a general election for mem- 
bers of the Legislature, the vacancies shall be filled at such general 
election, in which case no special session of the General Assembly 
to canvass votes shall be deemed necessary. 

State treasurer and auditorJ [ Chapter 130, section 4. Chapter 
15, section 4. | Section 5. If any person elected to the office of 
State Treasurer or Auditor of Public Accounts shall fail to give bond 
or take the oat|i required of him within ten days after he is declared 
elected, the office shall be deemed vacant, and if the Treasurer or 
Auditor of Public Accounts, being required by the Governor to give 
additional bond fails to do so within twenty days after notice of such 
requirement, his office may, in the discretion of the Governor, be de- 
clared vacant and filled as provided by law. 

Other state OFFICES. J [Section 12(S, original act. | Section 6. 
When a vacancy shall occur in the office of Secretary of State, Audi- 
tor of Public Accounts, Treasurer, Attorney-General, Superintendent 
of Public Instruction or member of the State Board of Equalization, 
the Governor shall fill the same by appointment, and the appointee 
shall hold his office during the remainder of the term, and until his 
successor is elected and qualified. 

Senator OR representative.] [Section 129, original act. J Sec- 
tion 7. When a vacancy shall occur in the office of Senator or Rep- 
resentative in the General Assembly, it shall be the duty of the 
county clerk of the county in which the member whose office is 
vacant resided, to notify the Governor of such vacancy. Whereupon 
the Governor shall issue a writ of election to the county clerk or 
clerks of the county or counties in which the vacancy is to be filled, 
fixing a day upon which an election shall be held to fill such vacancy; 
but unless the General Assembly shall be in session at the time the 
vacancy occurs, or there shall be a session between the time vacancy 
occurs and the next succeeding general election, no special election 
shall be ordered to fill such vacancv. 

Representatives ln conciress.J (Section 130, original act. j Sec- 
tion tS. When any vacancy shall occur in the office of Representa- 
tive in Congress from this State, the Governor shall issue a writ of 
election to the county clerks of the several counties in the district 
where the vacancy exists. ai3pointing a day to hold* a special election 
to fill such vacancv. 

Judges.] [Section 131, original net. ] Section 9. When a vacancy 
shall occur in the office of judge of the Supreme Court, judge of the 
circuit court, judge of the Superior Court of Cook county, or judge 
of the probate county court, the clerk of the court in which the 
vacancy exists, shall notify the Governor of such vacancy. If such 
vacancy shall occur within one year before the expiration of the term 
of the office made vacant, the Governor shall fill such vacancv bv 



54 

appointment; but if the unexpired term exceeds one year, the (tov- 
ernor shall issue a writ of election, as in other cases of vacancies to 
be filled by election. 

Clerks of courts.] [Section 132, original act.) Section hi 
When a vacancy shall occur in the office of clerk of the Supreme 
Court, or in the office of clerk of the superior court of Cook county, 
or clerk of the circuit court of any of the counties of this State. an<l 
the unexpired term of such clerk shall exceed one year, it shall br 
the duty of the court, or, if in vacation, of the jud^e or judges of th(» 
court in which such vacancy may occur, to appoint a clerk pro trfn- 
pore; and such appointee shall qualify in the same manner, and give 
bond as required by law of the clerk of the court to which he is ap- 
pointed, to be approved by the court, or. if in vacation, by the jud^e 
or judges making the appointment; and thereupon such appointee 
shall be authorized to perform all duties and receive all emoluments 
allowed by law to the duly elected clerk of such court, and shall hold 
such office until an election can be held to fill the same, and until the 
person so elected shall have qualified according to law. Whenever 
an appointment shall be made, as provided by this act, it shall be the 
duty of the court, or the judge or judges making such appointment, 
to notify the Governor forthwith of the vacancy filled by such ap- 
pointment; and upon receiving such notice, it shall be the duty of 
the Governor, as soon thereafter as may be practicable, to issue a 
writ of election as in other cases of vacancies to be filled by election, 
in the same manner as if no appointment had been made; and when 
any such vacancy shall occur, and the unexpired term doe.s not exceed 
one year, such vacancy shall be filled by appointment by the court to 
which such office appertains, or by the judge or judges thereof. 

County officers, precinct officers, etc.] [Section 183, original 
act. J Section 11. When a vacancy shall occur in the office of 
county commissioner. State's attorney, sheriff, coroner, county clerk, 
recorder of deeds, county treasurer, county surveyor, or other county, 
town or precinct officer not otherwise provided for by law, within one 
year before the expiration of the term of such vacant office, the va 
cancy shall be tilled by appointment by the county board of tl:e 
county in which the vacancy exists; but if such unexpired terra ex- 
ceeds one year the county clerk, or, in case of a vacancy in his office, 
the chairman of the county board, shall issue an order appointing a 
day for an election to fill such vacancy, and cause notice thereof to 
be given as in other cases of election. 

County superintendent. ] [Chapter 122, Section 14.) Section 
12. When the office of county superintendent shall become vacant 
by death, resignation, the removal of the incumbent by the county 
board or otherwise, the county board shall fill such vacancy by ap- 
pointment, and the person so appointed shall hold his office until the 
next election of county officers, at which election the county board 
shall order the election of a successor. 

Vacancy— HOW filled.) [Chapter 79, Section 7.] Section l.'». 
When a vacancy occurs in the office of a justice of the peace or con- 
stable, by death, resignation, removal from the town or precinct, or 



other cause, if the unexpired term exceeds one year his office shall 
be filled by special election; and it shall be the duty of the town 
clerk in counties under township organization, and county clerks in 
counties not under township organization, in case of such vacancy, 
to issue his order to the judges of election of the proper town or pre- 
cinct, requiring them, on a certain day therein named, not less than 
twenty days from the issuing of such order, to hold an election to fill 
such vacancy; and at the same time the county clerk shall deliver to 
such judges three copies of a notice of such election, two of which 
notices shall be posted up in such town or precinct in the most pub- 
lic places therein ; and an election shall be held pursuant to such 
order, and conducted as other elections. If the unexpired term of 
his office does not exceed one year, the vacancy shall be filled by ap- 
|X)intment by the county l)oard. 

JuixjE OF CITY COURTS.] ( Chapter 1)1, part Section 244-1 Section 
14. Vacancies in the office of judge of city court shall be filled for 
the unexpired term, at a special election, to be called and held by the 
same authority and in the same manner that other city elections may 
be held, where such unexpired term exceeds one year; but where the 
same does not exceed one year, such vacancy shall be filled by ap- 
poin,tment by the (Tovernor. 

To WHAT ELECTIONS THIS ACT MAY APPLY. | [Section 134, Original 
act] Section 15. The provisions of this article shall apply, as far 
as practicable, to all elections in the State, whether general, special, 
local or municipal, except so far as they are modified or contravened 
by other legal enactments. 

Article XV. 

CONGRESSIONAL APPORTIONMENT. 

Districts.) [Section 150, original act.] Section 1. Be if en- 
acted by the People of the State of Illinois, repre^^ented in the Gen- 
eral Assembh) : The State of Illinois be and the same hereby is 
apportioned into twenty-two congressional districts, and that the 
same are hereby established and shall be respectively composed as 
herein set forth, to-wit: 

The first district shall be composed of the towns of Rich, Bloom, 
Orland, Bremen, Thornton, Calumet and Worth in Cook county, and 
the Fourth ward east of the center line of Wentworth avenue, the 
Third ward, the Thirty-first ward, the Thirty-second ward, the 
Thirty-third ward and the Thirty-fourth ward of the city of Chicago. 

The Second district shall be composed of the towns of Lemont, 
Palos, Lyons, Proviso, Riverside. Cicero, Leyden, Norwood Park, 
Maine, Elk Cxrove, Schauinburg and Hanover, in Cook county, and 
the Tenth, Twenty-eighth, Twenty-ninth and Thirtieth wards of the 
city of Chicago. 

The Third district shall be composed of the First, Second, Fifth, 
Sixth, Seventh wards and that part of the Fourth ward west of the 
center line of Wentworth avenue, all in the city of Chicago. 



approved June 22, 1891, and in force July 1, 1891. Within the time 
limited as aforesaid such political party or organization, through its 
central committee or managing committee, may determine the day 
for holding such primary election. But no two political parties shall 
hold their primary elections on the same day, and the first political 
party applying, as hereinafter set forth, shall have the preference in 
the choice of days as aforesaid? 

What constitutes a district— location of polls— judges and 
CLERKS.] Section 3. For the purpose of primary elections, under this 
act, not less than two and not more than six contiguous regular elec- 
tion precincts of the same ward or other political division in as com- 
pact a form as practicable shall be joined so as to form one primary elec- 
tion district, but in such manner that each primary election district 
shall include at least three regular election judges and two regular elec- 
tion clerks, residing within such primary district and belonging to the 
party establishing such primary district. In no event shall any 
primary district contain more than 1,00() voters, to be ascertained by 
the party vote of the party holding said primary election, cast at the 
last preceding general election; the term general election as used in 
this act shall apply to any election held for the choice of A national, 
state, judicial, district or county office, whether for the full term or 
for the filling of a vacancy. 

Provided, That where a regular election precinct consists of 
and is coextensive with a congressional township, then said con- 
gressional township shall constitute one primary election district 
within the meaning of this act: Arid provided, further, That 
in such case, and in any case where there exists no board of 
election commissioners, and where the judges and clerks of 
election are appointed and chosen by a board of supervisors or 
board of county commissioners, then the judges and clerks who 
are to serve as judges and clerks of any primary election shall 
be members of the political party holding such primary election; 
and if there are no judges and clerks of election in and for such con- 
gressional township who belong to or are members of the political 
party seeking to hold a primary election under the provision and 
within the meaning of this act, then the county central, or govern- 
ing committee, of such political party shall have and is hereby 
granted the power and right to name, appoint, notify, direct and 
qualify such members of its own party as are otherwise eligible 
under the provisions of this act to serve as judges and clerks of such or 
any primary election held under anil within the meaning of this act. 
And in such event, the compensation per diem of such judges and 
clerks shall bo the same as that of judges and clerks serving at any 
regular election, notwithstanding the provision for compensation 
found in section 10 of this act. 

In each such primary election district there shall ])e a primary poll- 
ing place, which shall be as near the center of population of such dis- 
trict as is practicable, and such primary polling place shall ])e in the 
most public, orderly and convenient part of such primary district, 
and no building shall be designated or used as such polling place in 



73 

which spiritous or intoxicating liquor is sold, or which is within 100 
feet of any place where such liquor is sold, and any person who 
knowingly designates for such polling place a building where such 
liqiioT is sold shall, on conviction thereof, be deemed guilty of a 
misdemeanor under this act, and shall be punished accordingly. 
The central committee or managing committee of any political party 
or organization entitled to hold such primary elections under this 
act shall establish such primary election districts and such polling 
])iaces according to this act. In default of such central committee 
or managing committee designating such primary election districts 
aud ix)lling places, the same shall be done by the member or mem- 
bers of the board of election commissioners representing said party, 
or if no such board exists in the county, then by the judge of the 
vounty court. 

Duty of central roMMiXTEE as to jud(ves and clerks. 1 Sec- 
tion 4. For each primary election di.strict such political party or 
organization, by its central committee or managing committee, shall 
designate from the list of duly appointed and regular election judges 
and clerks three judges and two clerks, who are members of such 
party, to sei^ve respectively as judges and clerks at such primary 
<^lection: Provided, That such political party or organization shall 
always have the right to designate for such primary elections only 
such of the regularly listed judges and clerks as were originally 
recommended and named or endorr>ed for appointment as regular 
 lection judges and clerks by such political party or organization as 
aforesaid; and in case there are not in office a sufficient number 
of listed regular judges and clerks so originally recommended and 
named or endorsed by such political party or organization to equip 
all primary, polling places of such party, then such political party 
or organization may in due time, through its central committee or 
governing committee, select and name to the board or officer by the 
general election law authorized to appoint judges and clerks a suffi- 
<'ient number of persons for appointment to serve as primary judges 
and clerks, who are qualified to serve as judges and clerks at a 
regular election, to equip all the primary polling places of such 
party. Such judges and clerks must reside within such primary 
election district for which they are appointed, but no two clerks, and 
except where only two regular election precincts form a primary 
<^lection district, no two judges, shall serve at the same primary 
election who reside in the same regular election precinct. 

Calls to be filed 15 days before election.] Section 5. 
No political party or organization shall be entitled under this act 
to hold a primary election unless at least fifteen (15) days 
before such primary election day such political party or organization 
shall file with the Board of Election Commissioners within whose 
jurisdiction they are and in such portions of the county as lie beyond 
the jurisdiction of the said Board of P^lection Commissioners, also 
with the county clerk, and with the county clerk where there is no 
Board of Election Commissioners, a call or application in writing, 
which shall set forth : 



74 

First — The name of such political party and the address of th^ 
headquarters of the central committee ot managing committee of 
such political part}'. 

Second — The day on which such primary election is to l)e held. 

Third — The name, place and time of every convention for the 
nomination of candidates for the public office for which such pri- 
mary election is called. 

Fourth — The description of each of the various primary election 
districts, together with the names of three persons for judges of elec- 
tion and two persons for clerks of election for each such primary dis- 
trict, also the designation of a polling place for eacli such primary 
district. 

Fifth — The number of delegates from each such primary district 
to each convention: Provu led, That the number of delegates from 
each of the different primary districts be proportioned equally to the 
number of voters of such political party in each district as shown by 
the last preceding presidential election returns: And provided, That 
each primary election district shall be allowed to be represented by at 
least one delegate to each convention in which such primary district 
is entitled to be represented. 

Sixth — The name of some newspaper recommended for the pub- 
lication of the notice of such primary election as hereinafter pro- 
vided. 

Call TO BE MADE UNDER OATH — PARTY NAMES RESTRICTED.] Sec- 
tion 6. Such call or application shall be signed by the chairman 
and attested by the secretary of the central committee or managing 
committee of such political party or organization, verified by oath 
that the facts therein stated are true, and that they are respectively 
the chairman and secretary of such committee. No persons and no 
political party or organization shall use the name of another political 
party or organization or any designation so similar to that of 
another political party or organization as to deceive voters. Upon 
the tiling of such call or application according to the provisions of 
this act, any political jjarty or organization which at the last i)re- 
ceding general election in this State polled at least ten (10) per 
cent, of the entire vote cast in the whole county, city, village or in- 
corporated town represented by such political party or organization 
shall be allowed to hold a primary election under this act. 

Notices. | Section 7. At least ten ( 10) days before the primary elec- 
tion day designated as aforesaid by such political party it shall be tlu-^ 
duty of the board of election commissioners, or the county clerk, or 
both, as the case may be, upon the application of any political party en- 
titled thereto as aforesaid through its central committee or managiuu^ 
committee as aforesaid, to give notice of such primary election. Such 
notice shall contain the name of the political party or organization for 
which such primary election is to be held, the address of the head- 
quarters of the central committee or managing committee of such 
party, the name, place and time of each convention according to the call 
aforesaid to be held by such party for the nomination of candidates for 






75 

public office; the date upon which such primary election is to be* 
heW, the description of each of tbf^ various priinary election districts, 
the location of the polling place for each such district, the names of 
thv three judges and the two clerks appointed to serve at each pri- 
mary election district, the number of delegates to be elected from each 
primary district to each convention. Such notice shall be published 
in some newspaper of general circulation recommended by the ex- 
wutive committee of the political party or organization for which 
Mich primary election is to be held. But no failure or error in such 
publication or in the application aforesaid shall invalidate any pri- 
mary election actually held, and any primary election held pursuant 
to any notice substantially like the above notice shall be deemed to 
he held under this act, and all justices of the peace and all judges of 
courts of record in the territory for which such primary election i» 
called shall take judicial notice of the holding of such primary elec-- 
tion under this act. 

Election laws in force— expenses— polling places to be fur- 
nished.] Section 8. All the laws of this State respecting the general 
 It'ctionsin this State, now or hereafter in force in any election precinct 
or district in such county, city, village or incorporated town, except as 
the same are modified by the provisions of this act, and so far as the 
*^ame are applicable to the primary elections provided for in this act^ 
are hereby declared to be in force in each [primary election district 
respecting the primary elections provided for in this a?t. The ex- 
pense of conducting such primary elections in such county, city, 
village or incorporated town shall be paid by such county, city, vil- 
lage or incorporated town, respectively, to*which this act shall apply, 
as hereinafter provided, including the salaries of judges and clerks, 
the cost of ballot boxes, registry books, poll books, return sheets, 
stationery, supplies, polling places and such other expenses, except 
the printing of ballots, as are necessary and incidental to carrying 
out the provisions of this act. The board of election commi.ssioners, 
where such board has jurisdiction, otherwise the clerk of the county, 
shall audit all the claims of such judges and clerks of such primary 
election, and such board or such clerk, as the case may be, shall 
audit all other claims incidental to expenditures allowed by this act, 
and all expenses incurred by such board, or by any other officer 
authorized by this act to provide for such primary election, shall be 
paid as aforesaid upon the warrant of such board of election com- 
missioners, or of such officer. 

Polling places in the respective primary election districts shall he 
appointed, provided, established, furnished, warmed, lighted, main- 
tained, conducted and supervised; 

And all necessary ballot boxes, registry books, return sheets, blanks, 
poll books, stationery and supplies shall be provided, furnished, de- 
livered and used; 

And notice of such primary election shall be given, posted and 
published ; 



-X, 



4 



I 



I,- 



i 



76 

And all judges and clerks shall be paid, appointed upon the recom- 
mendation of the central committee or managing committee, as afore- 
said, qualified, notified, directed, instructed, sworn, and vacancies in 
their number supplied; 

And such primary elections in each election district shall be con- 
ducted, supervised, regulated and controlled; 

And after being used at any primary election, all registry books, 
poll books, ballots, statements, returns, ballot boxes, ballot l30X keys 
and other election paraphernalia shall be preserved, kept, stored, ac- 
counted for and returned; 

And the polling places and the polls of such general primary ekn;- 
tion shall be opened and closed respectively in the same manner and 
by the same persons or officers or boards of judges and clerks, as 
are provided by the law in force in any election precinct or district in 
«uch county, city, village or incorporated town, respecting the gen- 
eral elections, except as such general election laws are modified by 
this act, and except as to the time of appointing the respective poll- 
ing places in the various election precincts or districts, which time 
shall be at least ten (10) days before each such primary election day. 

Provided, That in cities, villages and incorporated towns where 
there is a board of election commissioners all expense incurred by 
said board of election commissioners shall be paid by such city. 
Such expenses are to be audited by the county judge and shall be 
paid by the city treasurer upon the warrant of such county judge 
out of any money in the city treasury not otherwise appropriated. 
It shall be the duty of the governing authority of such city to make 
provision for the prompt payment of such expenses. At all primary 
elections for city officers, though other than city officers may be 
nominated at the same time, and at all primary elections in a part 
•of such city, such city shall pay such judges and clerks for their 
services under this act. At all general county and State primary 
elections, though other than State and county officers are to be 
nominated, and at all primary elections v;here other than judicial 
officers are to be nominated, such county shall pay such judges and 
clerks for their services under this act. Said board of election com- 
missioners shall audit all the claims of judges and clerks and shall 
draw a warrant therefor upon such city or county treasury, as the 
case may be. 

Judges and clerk —vacaxcies — removals — penalties.] Sec- 
tion 9. The judges and clerks appointed for such primary election, 
according to this act, shall, by the same election officers or boards 
authorized by such general election law to appoint such judges and 
clerks, be directed and notified to appear within a certain time before 
such officers or boards for the purpose of being sworn, instructed 
and directed for service at the primary election next ensuing, and it 
shall be the duty of such judges and clerks, unless excused by such 
officers or boards, by reason of ill health or other legal and sufficient 
cause, to serve as judges and clerks respectively at their respective 
polling places at the primary election for which they are designated 
or appointed according to this act; and willful neglect and failure so 



77 . .- ■■■.-:• 






to serve shall be a misdemeanor under this act. The judges and cleirks^ ' f 

to fill vacancies as aforesaid, provided in this section, shall be ap^ . 
pointed for such primary elections at least ten (10) days prior to 
such primary election day. Judges and clerks shall not be removed 
from office within five (5) days of such primary election, except for 
flagrant misbehavior, incapacity or dishonesty; and the reasons 
therefor shall l)e preserved of record. It shall be the duty of the 
board of election commissioners, or the county clerk, or both, as the 
case may be, ten (10) days before any such primary election, \x> 
notify the judges and clerks to attend at their respective polling - 
places at such primary election, and to instruct them as to their 
duties by means of a printed pamphlet issued at the expense of such 
county, city, villa^^e or incorporated town. In cities, villages and in- 
corporated towns in any county to which this act shall apply that 
have adopted or may hereafter adopt the act regulating the holding^ 
of elections and declaring the results thereof in cities, villages and 
incorporated towns in this State, in force July 1, 1885, the judges 
and clerks acting at any primary election under this act shall be 
officers of the county court and shall be liable for contempt for any 
misbehavior in the samemanner and with the like consequences and 
punishment as are provided for in the act last aforesaid respecting 
general elections. 

(Compensation of judges and clerks.] Section 10. The judges 
and clerks of such primary election shall be allowed the sum of five 
dollars ($5.00) each per day for their services in attending such pri- 
mary election. 

Qualifications of voters.] Section 11. Every legal voter 
entitled to vote at the last preceding general election, whose 
name is on the general registry book of any election precinct 
within the primary district in which he offers to vote, and who, 
at the tiipe he offers such vote, is a resident of the primary dis- 
trict in which he offers to vote, shall be entitled to vote at 
such primary election, provided he is a member of the political 
party or organization holding such primary election, and provided 
he has not voted at the primary election of any other political 
party or organization within one year last preceding. Otherwise,, 
no person shall vote or be qualified to vote, and the vote of no person 
at such primary election shall be received or counted by any of said 
judges. In any prosecution for the violation of the provisions of 
this act, wherein the fac£ as to the political party or organization to 
which the defendant belongs is material, such membership may be 
proved by evidence of general reputation in the neighborhood where 
said defendant resided at the time of committing the alleged offense. 

Delegates— eligibility — alternates— vacancies. ] Section 12. 
None but legally qualified voters residing in the primary dis- 
trict to be represented shall be eligible as delegates to any con- 
vention of such party. Judges and clerks acting as such at any 
primary election shall be ineligible as delegates to any such conven- 
tion. Not more than one person shall be elected as an alternate 
delegate for each delegate to any such convention, and no person 



■» • ' 



78 

shall act as a delegate to any such convention except when elected a 
<lelegate or an alternate delegate according to this act: Provifhd, 
That if no delegate or alternate from a given district appears at such 
convention, the vacancy may be filled by the delegate or delegates 
[)resent from that ward or township. 

Voting to be by ballot — form.] Section 13. At such pri- 
mary election the manner of voting shall be by ballot. The 
ballots shall be of uniform size, and shall be not less than eight 
(S) inches in length and four (4) inches in width. The ballots 
shall be printed or written, or partly printed or partly written, 
upon plain white paper. The name of each delegate and alternate 
delegate for whom the voter intends to vote shall appear on the same 
ballot on the same side thereof in plain letters, together with the 
name of the convention or such conventions to which such delegates 
are to be elected. Immediately preceding the list of delegates to 
any convention may appear the name of the candidate for whom 
such delegates are expected to vote in such convention. Unless 
ballots substantially comply with this act in size and color the same 
shall be void for all purposes, and shall not be received or deposited 
or counted by any judge at any such primary election; and all bal- 
lots not in accordance with the provisions of this act, but which by any 
mistake may have been deposited in the ballot box, shall be void and 
shall be marked ^'defective" on the back thereof, but no ballot shall 
be defective because the voter depositing the same has named upon 
it a less number of delegates than such voter was entitled to vote for. 
If the voter marks more names than there are delegates to be elected 
to a certain convention, or if for any reason it is impossible for the 
judges to determine the voter's choice, such ballot shall not 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 bo written upon the back of each ballot so 
marked, and all ballots marked defective or objected to shall be en- 
closed in an envelope securely sealed and so marked and endorsed as 
to clearly indicate its contents. 

Opening and closincj polls— .itdges and clerks not to absent 
themselves — PENALTIES. J Section 14. The polls of such primary elec- 
tion shall be opened at one o'clock in the afternoon, and continue open 
until seven o'clock in the afternoon of the same day, at which time the 
]X)lls shall be closed, and if any judge or clerk shall be behindtime for 
fifteen (15) minutes after the time for opening such polls he shall be 
guilty of a misdemeanor under this actand punished accordingly. Xo 
judge or clerk shall absent himself to exceed five minutes at any time 
until the ballots are all cast and counted and returns made; and 
when absent for any cause during such time said judge or clerk shall 
authorize some one of the same political party with himself to act 
for him until his return. If any judge or clerk shall not be present 
after the expiration of fifteen (15) minutes from the time to open the 
polls, the judge or judges present shall fill the place of such ab- 
sent judge or clerk, and one of the judges shall administer to such 



v.> 



f9 



» - * Mr* 



/. *i» 



a 



substitute the oath as required of the judges or clerks when originally 
^•'ippointerl, and blank forms shnll be provided for sucli purpose, 
which oath shall be preserved and returned, and such appointee shall 
hv subject to the same punishment and penalties as any other judge 
ir clerk. Whenever such regular judge or clerk shall be present 
such substitute shall cease to act. If all judges or clerks fail to ap- 
pear at the proi>er time at the polling place, then bystanding voters 
nf such election district to the number of five or more of the same 
jiolitical party affiliations as such absent judges or clerks may elect 
uilores or clerks of the same political party affiliation as the absent 
ulges or clerks to fill such vacancies Such judges and clerks 
i^cted as last aforesaid shall have full x>ower to conduct such pri- 
mary election in accordance with this act. Any judge or clerk who 
sliall wilfully absent himself from the polls on such primary election 
<lay, without good cause, shall be guilty of a misdemeanor under 
this act: and if any judge or clerk shall wilfully detain any registry 
hook or ix)ll book, or other election paraphernalia, and not cause it 
to be produced at the polling place at the opening of the polls, or 
for fifteen minutes thereafter, he shall be guilty of a misdemeanor, 
and on conviction shall be imprisoned not less than three months 
nor more than one vear in the countv jail, or be fined not less than 
one hundred (IW) dollars nor more than one thousand ll.OCX)) dol- 
lars, in the discretion of the court. 

Ballot box to be in view of plblic penalty. | Section 15. 
Before voting begins the. ballot box shall be empty; and it 
.shall be opened and shown to those pn sent to be empty; and it shall 
not be removed from the public view from the time when it is shown 
to be empty until after the close of the polls. It shall be Igcked and 
the key delivered to one of the judges, and it shall not be again 
opened until the close of the polls. The judges of election shall each 
he held guilty of a misdemeanor, and on conviction thereof shall be 
tined one thousand (1,0(H)) dollars each, if such ballot box shall not 
be kept constantly in public view during the progress of tne election, 
unless it shall be shown by any judge that he protested against any 
"bstructioM of the view of the ballot box and was overruled by the 
majority of the judges. 

Duty of clerks — form of poll book.] Section 16. Each 
of the clerks of election, in the poll books kept by him, shall 
enter in the proper column the name of each person whose vote 
is duly. received for deposit in the ballot box; and in the column un- 
dtr the heading ''Number'* he shall note the succesive number of 
each successive voter; and in the column headed "Residence" he 
shall note the residence of each such voter. For such primary elec- 
tion special poll books shall be provided by the same persons, officers 
or boards, respectively, who by the regular election law in force in any 
precinct in such county, city, village or incorporated town are charged 
to provide poll books for use at regular elections. Each page of such 
special book shall be substantially in the following form: 



w / 



80 



REPUBLICAN 



POLL B(X)K 

Of a primary election held in the primary 

district of the ward, of the city of 

town of , county of , on the 

day of A. D. 18 

This is to certify that the within list is a correct list of Republican 

voters at a primary election held on the day of 

A. D., 18 in the primary district of 

ward, in the city of town of county 

of , and State of Illinois. 

And that on said primary election day, , 18 

the undersigned judges and clerks served, and are entitled to pay 
therefor. 

> Judges of Election. 

Dated , 18. . . . 



Clerks of Election. 



No. of Votes. 



Name of Voters. 



liesidezic>e. 



1. 
2. 
3. 
4. 

5. 
6. 



Such poll books shall otherwise be of the form, and shall contain 
the same certifications, as nearly as may be, as the poll books used in 
the regular elections, and such poll books shall be signed and attested 
in the same manner as poll books for the purpose of regular elec- 
tions. 

Duty OP judges — challengers— affidavits preserved.] Sec- 
tion 17. One of the judges of such election shall receive the ballot 
from the voter and shall announce the residence and name of such 
voter in a loud voice; such ballot shall be folded by the voter in such 
manner that the contents thereof can not be seen without unfolding 
such ballot. If the judges of election, after consulting the registry 
books, are satisfied that the person offering to vote is a legal voter, 
whose name is registered on the regular election registry books, and 
a member of the political party holding such primary election, and if 
no challenge is interposed, the judge receiving such ballot shall again 



^1 

announce to the clerks of election the residence and name of the per- 
son offering such ballot, and upon ascertaining the proper successive 
number for each such ballot, such judge shall mark, with pencil or 
ink. the initials of his own name, the proper number on the back of 
such ballot, as it is folded, and thereupon such judge, after holding 
up and showing the ballot to be so marked, shall immediately, in the 
presence of the voter oflFering such ballot, and keeping the same in 
ihe plain view of the judges and clerks of election and of such voters 
and challengers as may be present, deposit into the slot of the ballot 
\^i the ballot thus received and marked, and no other; and thereupon 
^he clerks of election shall enter upon the poll books in the proper 
column the name and proper successive number of such voter and his 
residence. The judges and clerks, and each of them, shall see to it 
I hat each ballot is endorsed as aforesaid, and that the number en- 
dorsed on the back of each ballot deposited in the ballot box corres- 
ponds with the proper number of the voter on the poll book. If 
.such person so registered shall be challenged asdisqualitied, the per- 
son challenging shall assign his reason therefor, and thereupon one 
of said judges shall administer to the person offering to vote an oath 
to answer all questions truthfully; and if he shall take such oath he 
shall then be questioned by said judge or judges touching such cause 
<«f challenge, and touching any other cause of disqualification; and 
be may also be questioned by the person challenging him in regard 
to his qualifications and identity; but if a majority of the judges are 
"f the opinion that he is the person so registered and a voter qualified 
to vote at such party primary election, his vote shall then be received 
and deposited. But if the vote of a person apparently registered be 
rejected by such judges, such person may afterwards produce and de- 
liver an affidavit to such judges, subscribed and sworn to by him be- 
fore one of said judges, in which it shall be stated how long he has 
resided in any precinct within such primary district and in the county 
and State; that he is a male citizen of the United States, and is a 
member of the political party holding such election and is a duly 
qualified voter at such primary election in such district, and that he 
is the identical person so registered. But the affidavit aforesaid shall 
be supported by an affidavit by at least two registered voters who are 
householders residing in such primary district, stating their own resi- 
dence and that they know such person to be a member of the politi- 
cal party holding such primary election and that such person does 
reside at the place mentioned, and has resided in such primary dis- 
trict and in such election precinct, county and State for the length of 
time as stated by such person, which affidavit shall also be subscribed 
and sworn to as the affidavit last aforesaid; whereupon the vote of 
such person shall be received and entered as other votes. But the 
clerks having charge of such poll books shall state in their respective 
poll books the facts in such case, and the affidavits so delivered to 
said judges shall be pres(?rved and returned to the officers entitled to 
receive them. Blank affidavits of the character aforesaid shall be 
sent out to judges of all the districts, and the judges of election shall 



—6 E. 



82 

furnish the samo on demand and administer the oath without criti- 
cism. Such oaths, if administered by any other officer than a judge 
of election, shall not be received. 

Challengers— NUMBER and privileges.] Section 18. The 
judges of election shall permit each different ticket of dele- 
gates to be represented by a challenger, chosen by the majority 
of those named for delegates on any particular ticket. Said chal- 
lengers shall be protected in the discharge of their duty by the judges 
of election and the police. Said challengers shall be permitted to 
remain within the polling place in such a position as will enable 
them to see each person as he offers his vote; and said challengers 
may remain within the polling place throughout the canvass of the 
vote and until the returns are signed. 

Policemen admitted. ] Section 19. The judges of election shall 
admit one or more policemen to be present in said polling place at 
the time of such canvass. None but the officers of such primary 
election, challengers and peace officers shall occupy such polling place 
except for the purpose of voting. 

Judges may administer oaths— keep peace, make and cause ar- 
rests. ] Section 20. The judges of election shall have the power to ad- 
minister and certify oaths required during the progress of any primary 
election held under this act, and they shall have authority to keep the 
peace, and to cause any person to be arrested for any breach of the 
peace, or for any breach of election laws, or any interference with the 
progress of such election or of the canvass of the ballots, and it shall 
be the duty of all officersof the law present to obey the orders of such 
judges of election, and an officer making an arrest by the order of 
judges for any violation of the provisions of this act shall be pro- 
tected in making such arrest the same as if a warrant had been issued 
to him to make such arrest. 

Canvass OF VOTES. I Section 21. Immediately upon the closing of 
the polls the judges and clerks shall proceed to canvass the votes polled. 
If two or more ballots are found folded together and within each other 
so as to appear to have been cast by the same person as one l>aIlot, and 
the inner ballot or ballots are without the proper successive number 
and initial mark as provided in this act, then all such ballots so folded 
together, including the outer one, whether such outer one is properly 
marked on the back thereof as provided in this act or not, shall as 
nearly as may be in the same condition as found, be marked "stuffed," 
and such ballots shall be void and shall not be counted, and the same 
shall be placed in an envelope marked "stuffed ballots," which en- 
velope shall be sealed and preserved, together with the other ballots. 
If the ballots remaining shall be found to exceed the number of 
names entered on the poll lists such judges and clerks shall reject the 
ballots, if any be found upon which the proper number and initial 
marks do not appear. If the number of ballots etill exceeds the 
number of names entered on such poll list, the ballots remaining 
shall be replaced in the ballot box and the box closed and well shaken, 
and acrain op3ned and one of the judges shall publicly draw out and 



83 

destroy so many ballots unopened as shall be equal to such excess. 
Such judges and clerks shall then proceed to count, declare and 
record the votes in the following manner: The judges shall open all 
the ballots and place in separate piles those which contain the same 
names throughout. Each of the judges shall examine such separate 
piles and exclude from such piles any ballots which do not contaiiw 
all the same names for all the same conventions. One of said judges 
shall then take one pile of the kind of ballots which contain the 
same names and count them carefully, examining each name and 
convention on each of such ballots. Such judge shall then pass the 
ballots aforesaid to the judge sitting next to him, who shall count 
them in the same manner, and he shall then pass them to the 
third judge, who shall also count them in the same manner. The 
third judge shall then call the names of the persons named in such 
ballots and the conventions for which they are designated, and the 
poll clerks shall note the number of votes for each of such persons 
on any memorandum paper. When such judges have counted through 
such first pile of ballots containing the same names, and when the 
poll clerks shall have noted the votes for each of the delegates named 
in such ballots, they shall then take up the next pile of ballots con- 
taining the same names and shall count them in the same manner as 
last aforesaid. When the counting of each pile of ballots which con- 
tain the same names shall be completed the poll clerks shall compare 
their tallies together and ascertain the total number of ballots of that 
kind so canvassed; and when they agree upon the number one of 
them shall announce it in a loud voice to the judges. The judges 
shall then canvass the other kind of ballots which, in names or con- 
ventions, do not correspond with one another. They shall be can- 
vassed separately by one of tlie judges sitting between two other 
judges, which one judge shall read to the clerks from each such 
ballot each name and the convention for which such name is desig- 
nated, and the other judges looking at the ballot at the same time, 
and the poll clerks making note of the same. When all these ballots 
have been canvassed in this manner the clerks shall compare their 
notes together and ascertain the total number of votes received by 
each person, and when they agree upon the number one of them 
shall announce in a loud voice to the judges the number of votes re- 
ceived by each person. 

Canvass not to be adjourned— returns — how made.] Sec- 
tion 22. Such canvass shall not be adjourned or postponed until the 
several statements hereinafter required to be made by the judges and 
clerks have been made and signed by them. The challengers shall 
be permitted to remain so near that they can see the judges and 
clerks are faithfully performing their duties. Upon the completion 
of such canvass the judges of election shall declare the result thereof , 
and such declaration shall be prima facie evidence of the result. The 
judges of election shall make three statements of all the votes cast 
at such primary election. Such statement shall be substantially ih 
the following form : 



I 



84 

REPUBLICAN. 
Statement of Votes. 



STATE OF ILLINOIS, I ^^ 
County of \ 

At a primary election held on the day of A. D. IJ^ . . 

between the hours of one o'clock P. M. and 7 o'clock P. M. at 

in the Primary District of the ward, 

of the town of of the city of county 

and State of Illinois, the following named per- 
sons received the number of votes annexed to their respective names 
for the following described conventions, to-wit: 



.received votes for city convention. 

. received votes for city convention. 

.received votes for city convention. 



received votes for town convention. 

received votes for town convention. 

received votes for town convention. 



received votes for ward convention. 

received votes for ward convention. 

received votes forward convention. 



This is to certify that the foregoing statement, showing the total 
number of votes for-each of the above mentioned persons for the con- 
ventions annexed to their respective names, is correct in every respect. 

Given under our hands this day of 

A. D. 18 

. . . . ; Judges of Election. 

(Witnessed by) 
- Clerks of Election. 

Such statements shall show the whole number o: votes given for 
each person, and the convention for which he is designated, and such 
judges shall certify that such statements are correct in every respect, 
and the clerks of election shall witness the same. Each such state- 
ment and each sheet of paper forming a part of such statement shall 
be st^bscribed by the judges and election clerks. If any judge or 
clerk is^hall decline to sign such statements, he shall state his reasons 



85 

therefor in writing, and a copy thereof, sigued by himself, shall be 
enclosed with each statement. One statement as aforesaid of the 
votes cast shall, after being made out as aforesaid, be attached to the 
IX)11 book, another statement as last aforesaid shall be enclosed in an 
envelope, properly endorsed and marked by such judges, and the 
same shall, by one of such judges, be addressed and carried to the 
office of the chairman of the central committee or managing com- 
mitte of such political party, and the receipt of such chairman shall 
be taken therefor. Another statement shall be enclosed in an 
envelope, which shall then be securely sealed, and each of the judges 
shall write his name across every fold at which the envelope, if un- 
fastened, could be opened. On the outside of such envelope shall 
appear substantially the following words: ^'Statement of all Repub- 
lican votes cast at the Primary District of the 

ward of the town of county 

of on the day of 18 " 

The envelope last aforesaid shall be addressed to the board of elec- 
tion commissioners, or if there be no such board in the county, or 
jurisdiction, then to the county clerk of the county, and one of the 
judges shall carry the same to such board of election commissioners, 
or to such county clerk, as the case may be, and take a receipt for 
the same. 

Judges shall issue certificates— cast lots in case of tie.] Sec- 
tion 23. The judges of election of each primary district shall issue 
a certificate of election to each person who has received a plurality 
of all the votes cast for delegates or alternate delegates to any par- 
ticular convention, from such primary district, and they shall deliver 
the same to the persons entitled thereto. In case two or more persons 
each receive the same and the highest number of votes cast for dele- 
Kates or alternate delegates to the convention, then a particular 
judge of election shall then and there decide by lot which person or 
persons shall be entitled to such certificates, and they shall issue to 
each such person so chosen such certificate, and make a note of such 
fact upon the statements provided for in this act. 

Felonies — penalties. 1 Section 24. If, at any such election, any 
person shall falsely personate any elector legally qualified to vote at 
such primary election, and vote pr attempt or offer to vote in or upon 
the name of such elector or other person, living or dead; 

Or shall knowingly, wilfully or fraudulently vote more than once 
for any candidate: 

Or vote more than once, or vote in more than one election precinct 
or district; 

Or having once voted, shall vote or attempt or offer to vote again, 

Ot shall by force, threat, menace, intimidation, bribery or reward 
or offer or promise thereof, or otherwise unlawfully, either directly 
or indirectly, influence or attempt to influence any elector in giving 
his vote; 



86 

Or unlawfully prevent or hinder, or unlawfully attempt to prevent 
or hinder, any qualified voter from freely exercising the right of 
suffrage ; 

Or shall, by any such unlawful means compel or induce, or attempt 
to compel or induce, any judge of election or other officer to receive 
the vote of any person not legally qualified or entitled to vote at the 
saia election; 

Or shall knowingly, wilfully or fraudulently interfere with, delay 
or hinder, in any manner, any judge of election, clerk or other officer 
of election, in the discharge of his duties; 

Or by any such means, or other unlawful means, wilfully, knowingly 
or fraudulently counsel, advise, induce or attempt to induce, any 
judge of election, clerk,* or other officer of election whose duty it is to 
ascertain, proclaim, announce or declare the result of any such elec- 
tion, or give or make any false certificate, document, report, return, 
or other false evidence in relation thereto, or to refuse to comply 
with his duty, as specifically provided for in this act, or to refuse to 
receive the vote of any person entitled to vote therein; 

Or shall aid, counsel, advise, procure or assist any legally qualified 
voter, person or judge of election, or other officer of election, to do 
any act by law forbidden or in this act constituted an offense; 

Every such person shall, upon conviction thereof, be adjudged 
guilty of a felony, and shall be punished for each and every such 
offense by imprisonment in the penitentiary for not less than one 
nor more than five years. 

Sundry acts of judges and clerks declared felonies — penal- 
ties.] Section 25. If any election clerk, or any judge of election 
performing the duties of clerk, or other person performing such 
duties, shall wilfully keep a false poll list: 

Or shall knowingly insert in his list any false statement, or any 
name or statement, or any check, alternation [alteration] or mark, 
except as in this act provided, he shall, upon conviction thereof, he 
adjudged guilty of a felony, and shall be punished by imprisonment 
in the penitentiary for not less than one nor more than five years. 

Acts of judges declared misdemeanors — penalties.] Sec- 
tion 26. Any judge of election who shall wilfully exclude any vote 
duly tendered, knowing that the person offering the same is lawfully 
entitled to vote at such election, or shall wilfully receive a vote from 
any person who has been duly challenged in relation to his right to 
vote at such election without exacting from such person such oath or 
other proof of qualifications as may be required by law, he shall, upon 
conviction thereof, be adjudged guilty of a misdemeanor, and shall 
be punished by imprisonment in the county jail for not less than one 
nor more than two years. 

Acts of judges and clerks declared felonies — penalties.] Sec- 
tion 27. Every judge of election, clerk or other officer authorized to 
take part in or perform any duty in relbtion to any canvass or 
official statement of the votes cast at such election in any district 
who shall wilfully make any false canvass of such votes, or shall make 



» 



« 



87 

sign, publish or deliver any false return of such election or any false 
certificates or statement of the result of such election, knowing the 
same to be false, or who shall wilfully deface, destroy or conceal any 
statement, tally or certificate entrusted to his care or custody, shall, 
on conviction thereof, be adjudged guilty of a felony, and shall be 
punished by imprisonment in the penitentiary for not less than one 
nor more than five years. 

Other acts of judges, clerks and other persons declared fel- 
oxiES — penalties.) Section 28. If any person, other than a judge 
of election, shall at any such election knowingly and wilfully put, 
or cause to be put. any ballot or ballots, or other paper having the 
semblance thereof, into any box used at such election for the recep- 
tion of votes; 

Dr if any judge of election shall knowingly and wilfully cause or 
I)ermit any ballot or ballots to be in said box at the opening of the 
polls and before the voting shall have commenced, or shall knowingly, 
wilfully or fraudulently put any ballot, or other paper having the 
semblance thereof, into any such box at any such election, unless the 
same shall be offered bv an elector whose name shall have been found 
upon the registry, or who shall be entitled to vote under this act, or 
knowingly put or permit to be put into the ballot box any ballot ex- 
cept the single ballot of each qualified voter; 

Or if any such judge of election or other officer or person shall 
fraudulently, during the canvass of ballots, in any manner change, 
substitute or alter any ballot taken from the ballot box then being 
canvassed, or from any ballot box which has not been canvassed; 

Or shall remove any ballot or semblance thereof from, or add any 
Imllot or semblance thereof to the ballots taken from, the ballot box 
then being canvassed, or from any ballot box which has not been 
canvassed ; 

Every such person shall, upon conviction thereof, be adjudged 
guilty of felony, and shall be punished by imprisonment in the pen- 
itentiary for not less than one nor more than five years. 

Acts of election officers declared felonies— penalties.] Sec- 
tion 29. If any judge of election, clerk or other officer of election 
of whom any duty is required in this act or by the general election 
laws of this State, so far as the same are consistent with the pro- 
visions of this act, shall be guilty of any willful neglect of such 
duty, or of any corrupt or fraudulent conduct or practice in the 
execution of the same, he shall, upon conviction thereof, be ad- 
judged guilty of a felony, and shall be punished by imprisonment in 
the penitentiary for not less than one nor more than i^ve years. 

Acts of election officers declared felonies— penalties.] Sec- 
tion 30. Every judge of election, clerk or other officer or person 
having the custody of any record, registry of voters, or copy thereof, 
oath, return or statement of votes, certificate, poll list or of any 
paper, document or vote of any description in this act directed to be 



88 

made, filed or preserved, who is guilty of stealing, wilfully destroy- 
ing, mutilating, defacing, falsifying or fraudulently removing or 
secreting the whole or any part thereof; 

Or who shall fraudulently make any entry, erasure or alteration 
therein, except as allowed and directed by the provisions of this act, 
or who permits any other person so to do, shall, upon conviction 
thereof, be adjudged guilty of a felony, and shall be punished for 
each and every such oflPense by imprisonment in the penitentiary for 
not less than one nor more than five years. 

Sundry acts of persons not election officers declared felon- 
ies — penalty.] Section 31. Every person not an officer, such as 
is mentioned in the last preceding section, who is guilty of any of 
the acts specified in said last section, or who advises, procures or 
abets the commission of the same or any of them, shall, upon convic- 
tion thereof, be adjudged guilty of a felony, and for each and every 
offense shall be punished by imprisonment in the penitentiary for 
not less than one nor more than five years. 

Perjury— PENALTY.) Section 32. Any person who shall be con- 
victed of wilfully and corruptly swearing or affirming in taking any 
oath or affirmation prescribed by, or upon any examination pro- 
vided for, in this act, shall be adjudged guilty of a willful and cor- 
rupt perjury, and shall be punished according to the laws of the 
State. 

Subornation of perjury— penalty.] Section 33. Every person 
who shall wilfully and corruptly instigate, advise, induce or pro- 
cure any person to swear or affirm falsely, as aforesaid, or attempt, 
or offer so to do, shall be adjudged as guilty of subornation of per- 
jury, and shall, upon conviction thereof, suffer the punishment di- 
rected by law in cases of willful and corrupt perjury. 

Other acts declared felonies— penalties.] Section 34. If 
any person shall fraudulently change or alter the ballot of any 
elector or substitute one ballot for another; 

Or fraudulently furnish any elector with a ballot containing more 
than the proper number of names; 

Or shall intentionally practice any fraud upon any elector to in- 
duce him to deposit a ballot as his vote and to have the same thrown 
out and not counted, or to have the same counted for a person or 
candidate other than the person or candidate for whom such elector 
intended to vote; 

Or otherwise defraud him of his vote, every such person shall, 
upon conviction thereof, be adjudged guilty of a felony, and shall, if 
a judge of election, clerk or other officer of election, be punished 
with imprisonment in the penitentiary for not less than one nor 
more than five years. And if not such judge, clerk or other officer 
of election, shall be punished by imprisonment in the penitentiary 
for not less than one nor more than five years. 

Convicts — penalty.] Section 35. If any person who shall have 
been convicted of bribery, felony or other infamous crime under the 
laws of any state, and who has never received a pardon for such 



89 

offense from the oflScer or board entitled to grant such pardon, shall 
thereafter vote, or offer to vote, at any primary election in such city, 
village or incorporated town, he shall, upon conviction thereof, be 
adjudged guilty of a felony, and for each and every such offense shall 
be punished by imprisonment in the penitentiary for not less than 
one nor more than five years. 

Disobeying command of judge— penalty.] Section 36. If any 
person shall wilfully disobey any lawful command of any judge of 
election, given in the execution of his or their duty as such, at any 
such primary election, he shall, upon conviction, thereof, be ad- 
judged guilty of a misdemeanor under this act. 

Disorderly conduct — penalty.] Section 37. If, on any day of 
primary election, or during the canvass of the votes cast thereat, any 
l)er8on shall cause any breach of the peace, or be guilty of any 
disorderly violence, or threats of violence, whereby any such election 
or canvass shall be impeded or hindered; 

Or whereby the lawful proceedings of any judge of election or 
clerk, or other officer of such election, or challenger or person desig- 
nated to be present at the canvass of any ballots as hereinbefore 
provided, are interfered with, every such person shall, upon convic- 
tion thereof, be guilty of a misdemeanor under this act. 

Other offences— penalty.] Section 38. If any person know- 
ingly or wilfully shall obstruct, hinder or assault, or by bribery, 
solicitation or otherwise, interfere with any judge of election, clerk, 
challenger or person designated, as provided in this act to be present 
at the canvass of any ballots, in the performance of any duty re- 
quired of him, or which he may be by law authorized or permitted 
to perform ; 

Or if any person, by any of the means before mentioned or other- 
wise unlawfully shall, on the day of election, hinder or prevent any 
judge of primary election, clerk, challenger, or person designated, as 
provided in this act to be present at the canvass of ballots, in his 
free attendance and presence at the place of election in the primary 
election district, in and for which he is appointed or designated to 
iserve; 

Or in his full and free access and egress to and from any such 
place of election; 

Or to and from any room where such primary election, or canvass 
of votes, or making of any returns or certificates thereof, may be 
had; 

Or shall molest, interfere with, remove or eject from any such 
place of election, or of canvassing ballots cast thereat, or of making 
returns or certificates thereof, any such judge of election, clerk, 
challenger, or person permitted by this act to be present at any poll- 
ing place, except as otherwise provided in this act, or shall unlaw- 
fully threaten or attempt to offer so to do; 

Every such person shall be guilty of a misdemeanor under this act. 



tK) 

Destroying, carrying away ballot box, poll lists, etc. - 
PENALTY.] Section 39. If any person shall conceal or wilfully break 
or destroy any ballot box, used or intended to be used, at such election; 

Or shall wilfully or fraudulently conceal, secrete or remove any 
such box or poll list used at such election ; 

Or any report, return, certificate or other evidence in this act re- 
quired, he shall, on conviction thereof, be adjudged guilty of a 
felony, and shall, for each and every such oflFense, be punished by 
imprisonment in a State penitentiary for not less than one nor more 
than five years. 

Certain acts of judges and clerks declared misdemeanors. 1 
Section 40. If at any election any judge of election or clerk shall, 
knowingly or wilfully, receive any vote or proceed with the canvass 
of ballots, or shall consent thereto, unless a majority of all the judges 
of election are present and concur; 

He shall be guilty of a misdeiheanor under this act. 

No JUDGE to absent HIMSELF FROM POLLS.] Section 41. If 
any judge of primary election shall, without urgent necessity, 
absent himself from the place of the polls in said primary 
district upon any day of election, whereby less than a majority of 
all the judges in such election district shall be present during such 
hours of election or canvass of ballots; 

He shall, upon conviction thereof, be adjudged guilty of a misde- 
meanor under this act. 

Liquor in polling places prohibited.] Section 42. Whoever, 
during the hours of election or during the hours of the canvass 
of votes, or of making return thereof, shall bring, take, order 
or send into, or shall attempt to bring, take, or send into, any 
place of election any distilled or spirituous liquors whatever; or 
shall, at any such time and place, drink or partake of such liquor, 
shall be deemed and held to be guilty of a misdemeanor under this 
act. 

Illegal VOTING — penalty.] Section 43. Any person who votes 
with a certain party at such primary election when he knows he is 
not qualified so to vote under the provisions of this act shall, on con- 
viction thereof, be deemed guilty of a felony and be punished by 
imprisonment in the penitentiary for not less than two nor more 
than five years. 

Waiting in line of voters; when a misdemeanor — penalty.) 
Section 44. If any person, knowing that he is not qualified to vote 
at such primary election, takes a place in any line of voters waiting to 
vote at such election, or, after having voted at such election, or after 
having voted at such election, takes a place in such waiting line, he 
shall, upon conviction thereof, be adjudged guilty of a misdemeanor 
under this act, and shall be punished as provided for misdemeanors 
under this act. 

Certain acts of judges declared felonies— penalty.] Sec- 
tion 45. If any judge shall wilfully, and without lawful excuse, re- 
fuse to make out, sign and deliver to the person entitled thereto any 



91 

certificate of election as delegate or alternate delegate provided for 
in this act, or shall knowingly make out, sign and issue such certifi- 
cate of election to any person not entitled thereto, or shall issue 
such certificate of election to any person at any time in advance of 
the ofBcial count of the votes at such polling place, or shall sub- 
scribe to any false statement or writing required under the provis- 
ions of this act, or which is incidental and material to any such 
provisions, he shall, upon conviction thereof, be adjudged guilty of 
a felony, and shall be punished by imprisonment in the penitentiary 
for not less than one nor more than five years. 

Obtaining false certificate — penalty.] Section 4(). Any 
person who shall seek and obtain for himself or another such 
false certificate of election as delegate or alternate delegate 
to any convention, knowing that he or such other person is not en- 
titled thereto, and any person who shall use or attempt to use such 
certificate of election, knowing the same to be false or fraudulent, 
or to have been issued for another person; and any person who shall 
knowingly and without right act as a delegate or alternate delegate 
to any such convention, shall, upon conviction thereof, be adjudged 
g:uilty of a felony, and shall be punished by imprisonment in the 
penitentiary for not less than one nor more than five years. 

Refusing or neglecting to canvass votes— penalty.] Sec- 
tion 47. If any judge or clerk shall neglect or refuse to canvass the 
votes at the time and manner provided in this act, and to report and 
make the returns required in this act, he shall, upon conviction 
thereof, be adjudged guilty of a felony, and shall be punished by 
imprisonment in the penitentiary for not less than one nor more 
than five years. 

Other misdemeanors — penalties. ] Section 48. If any per- 
son other than a judge (see § 28, 29), shall commit any act 
prohibited herein, or refrain from doing any act required to be 
done herein, or if any person shall in any n^anner be guilty of 
any violation of this act for which no punishment is herein espe- 
cially provided, he shall, upon conviction thereof, be adjudged guilty 
of a misdemeanor, and shall be fined not less than fifty (50) nor 
more than five hundred dollars ($500), or im^jrisoned in the county 
jail not less than one month nor more than one year, or he may be 
punished by both such fine and imprisonment. Any offense in this 
act designated a misdemeanor, and for which no penalty is specific- 
ally provided, shall be punished as provided in this section. 

Householder defined. 1 Section 49. The word -'householder" 
as used in this act shall mean the chief or head of a family, who re- 
sides with a family as a family, and who supports and provides for 
such family as an independent family. 

Prosecutions —contests. ) Section 50. In all prosecutions and in 
all contests under this act it shall be the lawful duty of the clerk of the 
county, or of the board of election commissioners or other officers having 
the custody thereof, to produce, open, exhibit and offer in evidence any 



92 

notice, ballot book, registry book, bundle of ballots, returns state- 
ments or other documents or papers relating to the particular prose- 
cution or contest for the purpose of enabling a full investigation. 

Irregularities no defense — indictments — judicial notice. | 
Section 51. Irregularities or defects in the mode of calling, noticixig. 
convening, holding or conducting any primary election authorized by 
law shall constitute no defense to a prosecution for a violation of this 
act. When an offense shall be committed in regulation [relation J to 
any primary election, an indictment for such offense shall be suffi- 
cient if it allege that such election was authorized by law, without 
stating the call or notice of election aforesaid, the names of the 
judges or clerks holding such election, or the names of the persons 
voted for at such election. Judicial notice shall be taken of this act 
in any county, city, village or incorix>rated town to which this act 
shall apply, and of the holding of any election thereunder on any 
primary election day. 

Act of 1889— when inoperative.] Section 52. In counties, 
cities, villages or incorporated towns to which this act shall 
apply as hereinafter provided, the act entitled **An act to reg- 
ulate primary elections of voluntary political associations, and 
to punish frauds therein," approved June 6, 1889, and in force July 
1, 1889, is hereby declared to be, and the same is and shall be, inop- 
erative and of no force and effect. 

How this act may be adopted — in force in cx)untiesof 125,000. J 
Section 53. The electors of any county, city, village or incorporated 
town now existing or hereafter existing in this State may adopt and 
become entitled to the benefit of this act in the following manner: 

Whenever one thousand of the legal voters of such county, city, 
village or incorporated town voting at the last preceding election 
shall petition the judge of the county court of such county to sub 
mit to a vote of the electors of said county, city, village or incorpo- 
rated town, respectively, the proposition as to whether such county, 
city, village or incorporated town, respectively, and the electors 
thereof shall adopt and become entitled to the benefits of this act. 
it shall be the duty of such county court and the judge thereof to 
submit such proposition accordingly at the next succeeding general 
State or county election, and if such proposition is not adopted at 
such election the same shall, in like manner, be submitted to a vote 
of the electors of such county, city, village or incorporated town by 
such county court and the judge thereof, upon like application, at 
any general, State or county election thereafter, and an order shall 
be entered of record in said county court submitting the proposition 
as aforesaid. If one thousand shall exceed one-eighth of the legal 
voters of such county, city, village or incorporated towns, respectively, 
voting at the last preceding election, then such petition or applica- 
tion need not be signed or made by more than one-eighth of the 
legal voters of such county, city, village or incorporated town voting 
at the last preceding election. 

The judge of said county court shall give at least ten days' notice 
of election at which such proposition is to be submitted by publish- 



93 

iug such notice in one or more newspapers published in the county 
for at least five times, the first publication to be at least ten days 
before the day of the election, and if no newspaper is published in 
said county, then by posting at least twenty-five copies of such notice 
in twenty-five of the most prominent places in such county, city, 
village or incorporated town, respectively, at least ten days before 
such election. Such election shall be held under the election law in 
force in such county, except as herein otherwise provided. The 
proposition so to be voted for shall be on a separate ballot, in plain 
prominent type, and shall be prepared and provided for that purpose 
iu the same manner as other ballots, and shall be substantially in the 
following form: 



For adoption of the act for primary elections of 



political parties yr 

j3i o. 

If a majority of the. votes cast upon such proposition shall be 
voted for such proposition, this act shall thereby be adopted by such 
county, city, village or incorporated town, respectively, and the judge 
of the county court of the county shall thereupon enter of record 
an order declaring this act in force in such county, city, village or 
incorporated town, respectively. 

Provided, That in counties of 125,OJ3 inhabitants or more this act 
shall be in full force and eflfect without submitting the question of 
its adoption to a vote of the people. 

Emergency.] Section 54. Whereas, An emergency exists, there- 
fore this acf shall take effect from and after its passage. 

Approved February 10, 189S. 



FORMS 

PREPARED BY THE SECRETARY OF STATE 

In conformity with the provisions of the 

St(t titles. 



% 



[To be filed with the Secretary of State not less than 30 days before the election.] 

m 

STATE OF ILLINOIS. 

Certificate of Nomination for State Offices. 

To the Secretary of State, Springfield, Illinois: 

We, the undersigned, in accordance with the law relating thereto, do hereby 

certify that at a convention of delegates representing the 

party, held in the city of , county of , 

and State of Illinois, on the day of A. D. 189. . . , the 

following nominations were made for the offices herein designated, viz.: 



Office to be 
Filled. 



Name of Candidate. 



Party. 



R«8idence. 
I Street and No. if any. ) 



of Illinois, 

Secretary of the Convention. 



of Illinois, 

Chairman of the Convention. 



Personally appeared before me this day of , 

A. D. 189. .., and , whose 

names are subscribed to the above certificate, who, being duly sworn, on their 
oath, say that they severally subscribed the same as chairman and secretary 
respectively of the convention aforesaid, and that the same is true to the best 
of their know^ledge and belief. 



[Imp. of Seal.] 



Notary Public. 



We also certify that at the last preceding general election in the State, the 

entire vote cast was , of which the party 

polled votes, being more than 2 per cent, of the entire vote 

cast at said election. 



Secretary. 



Chairman. 



97 

[2o be filed with the County Clerk not less than JO days before the day of election.] 

STATE OP ILLINOIS. 
Certifi<;ate op Nomination for County Officks. 

lo the County Clerk of County, Illinois: 

We, the undersized, in accordance with the law* relating? thereto, do 

bereby certify that at a convention of delejj^ates representing the 

party, in the county of , State of lllinoi>. held 

in the of county of , and State of 

Illinois, on the day of A. D. 189.., the followinp 

Dominations were made for the offices herein desijjrnated, viz.: . 

Office to l)« Voi«*» ftf /^««*^is#intii i>.^,.t«' Residence. 

Filled. *^«"»^ °f Candidate. I artj . , j^^^^.^^ ^^^^ ^,^^^^ j^ , 



of , Illinois. nf , llliiioi> 

Secretary of the Conception. Chairmnn of the Convention, 

Personally appeared before me this day of , 

A. D., 189. . , and whose 

names are subscribed to the above certiticate, who, being duly sworn, on 
their oath, say that they severally subscribed the same as chairman and secre- 
tary respectively of the convention aforesaid, and that the same is true to 
the best of their knowledjye and belief. 

[Imp. of Seal.] 

Notary Puhhc. 

We also certify that, at the la.st preceding general election in said county, 

the entire vote cast was , of which the 

party polled votes, being more than 'J per cent, of the entirt^ vote 

cast at said election. 



Secretary. (yhiirmfin 

7E. 



98 

[To be filed tvith the Secretary of State at least SO days before the electi4m.'\ 

STATE OF ILLINOIS. 



Certificate op Nomination for District Offices. 

7o the Secretary of State, Springfield, IlL: 

We, the undersigned, in accordance with the law relating thereto, do cer- 
tify that a convention of delegates representing the 

party in the district, State of Illinois, held in the 

of , county of , and State 

of Illinois, on the day of , A. D. 189. . , the following: 

nominations were made for the offices herein designated, viz. : 



Office to be 
Pilled. 



Name of Camlidate. 



Party. 



Residence. 
(Street and No. if any. 



of Illinois, of Illinois, 

' Secretary of the Convention * Chairman of the Convention. 

Personally appeared before me this day of , 

A. D. 189, . , '. and , whose 

names are subscribed to the above certificate, who, being duly sworn, on their 
oath, say that they severally subscribed the same as chairman and secretary 
respectively of the convention aforesaid, and that the same is true to the best 
of their knowledge and belief. 

[Imp. of Seal.] 

Notary Public 

We also certify tliat, at the last preceding general election in said district. 

the entire vote cast was , of which the 

party polled votes, being more than 2 per cent, of the entire vote 

cast in said district at said election. 



Secretary. 



Chairman. 



99 

[To he filed with the-citj^^ town or village clerk cU least 16 days before the electiofi,] 

STATE OF ILLINOIS. 

Certificate of Nomination for City, Town and Village Offices. 

To the Clerk of Illinois: 

We, theiindersi^ued, in accordance with the law relating thereto, do hereby 

certif J- that at a representing? the party 

in the of , county of , 

and State of Illinois, in , and held for that purpose in the 

of , county of and State of 

Illinois, on the day Qf , A. D. 189. . . , the following 

nominations were made for the offices herein desijjnjited, viz.: 



OfBce to bif 
Filled. 



Name of Candidato. 



Party, 



Residence. 
I Street and No. if any.) 



of Illinois. of Illinois. 

Secretary of the ("onrentton. Chairman of the Convention. 

Personallj' appeared before me this day of , 

A, D. 189. . . , , and whose names are subscribed 

to the above certificate, who, being duly sworn, on their oath, say that they 
'Severally subscribed the same as chairman and secretary respectively of the 

aforesaid, and that the same is true to the best of their 

knowledge and belief. 



[Imp. of Seal.] Notary Public. 

We also certify that at the last preceding general election in said 

the entire vote cast was , of which the 

party polled votes, being more than 2 per cent, of the entire 

vote cast in said at said election. 



Seci'etnry. 



Chairman. 



19568'^ 



100 
[7o be filed tvith the Secretary of State or proper clerk forthwith,] 

STATE OF ILLINOIS. 
Certipioate op Nomination to pill Vacancies. 

lo the , Illinois: 

We, the undersigned, in accordance with the law relating thereto, do hereby 

certify, that, at a convention of delegates representing the 

party, (which said party polled more than 2 per cent, of the 

entire vote cast at the last preceding election) held in the city of 

, county of , and State of Illinois, on the 

day of , A. D. 189 , among others, , re- 
siding in , in the , of , 

county of , and State aforesaid, was nominated for the office 

of ; that on the day of , 

A. D. 189 , the said 

thereby causing a vacancy in the nomination for said office, and that in ac- 
cordance with the provision "« of law relating thereto, nominations have been 
made for the filling of said vacancy, as follows, viz. : 



Office to be filled. 
Name of candidate 

Party 

Residence 



[Ofie of the three following forms for certificate to be used^ as the case may require.] 

We further certify, that said nomination was made by a convention of dele- 
gates representing the said P&rty, duly called, and held iu 

flie of county of , and 

State of Illinois, on the day of , A. D. 189 for 

the purpose of filling such vacancy. 

We further certify, that the time within which a convention of dele|?ates 

representing said party mi^ht be called and held, for the 

purpose of filling such vacancy, being insufficient, this nomination, for the 
purpose of filling the aforesaid vacancy, is made pursuant to the manner fol- 
lowing, provided by the convention or caucus first mentioned, that is to say, 



We further certify, that the time within which a convention of delegates 

representing said party might be called and held, for the 

purpose of filling such vacancy, being insufiicient, and the convention havine 
maae no provision therefor, the subscribers, being the regularly elected 
(general or) executive committee representing such party, have designated 
the person above named as the candidate of said party for the office herein 
mentioned. 



of , Illinois. of Illinois, 

Secretary of Committee. Chairman of Committee. 

Personally appeared before me, this day of , A. D. 

189 , and , whose name 

subscribed to the above certificate, who being duly sworn, on oath say, 

that they severally subscribed the same as , and that the 

same is true, to the best of knowledge and belief. 



[Imp. of Seal.] Notary Public. 



101 



l^See Sections .^ 4 and J, Article \\for signatures and filing.] 



STATE OF ILLINOIS. 



Nomination Paper. 



The undersigrned qualified voters of the 



estate, district, county, city or town. > 



In aeeordanQe with the laws relatinji: thereto, make the followiujf noniina 
tioiis, viz. : 



< >ffice to he 
Filled. 



Nanu' of Candidate. 



Party. 



Residence. 



We certify that we have not subscribed to any other nominations for these 
offices. 



Sifirnatures. 



Residences. 
(Town or City, street and number if any.) 



102 
[Form of receipts for ballots delivered by clerk. See Article VII, Section 4.] 

, 189.. 

Received op Clerk 

of 

packages of ballots 

each, total for use at an election to be liehi 

at on the 

day of , 189.. 

' 1 

\ Judges . 



[Form of receipt for ballots returned by judges. See Section ^d.] 

, 181» 

KeOEI VED OF 1 

I 

\ Judge!* oj Election . 



ballots not voted and ballots 

spoiled, being the number remaining after closing the polls at an election 

held at on the 

day of , 189.. 

No. ballots voted, — — 



I( n 



it tt 



spoiled, — — Clerk 

not voted, — oj 



Total, — — — 



103 



[Form Jor page far record of ballots delivered to he kept by clerks.—See 

Article X, Section 10.1 

RECORD OF BALLOTS DELIVERED BY CLERKS. 



T^ .k^m Nanie No. Time No. 
Jf;»T;2S ofpollins: deliy. deliv- not 
place. ered. ered. voted. 



delivered. 



N<». No. 

spoiled, returned. 



Time By whom 
returned, returned. 



104 



INDEX TO ELECTION LAWS. 



(GENERAL ELECTIONS. 



Affidavits: 

C )f voter 33 

Of witness 38 

Amendments: 

Constitutional, votinsr on 30 

Apportiokment: 

Congressional 55 

.Judicial- 
Circuit courts 61 

Supreme Court (JO 

Representative and Senatorial 3, 57 

Attoknisy General: 
Election, term, residence, duties 4. 11 

Aiditor of Public Accounts: 
Election, term, residence,* duties 4, 11 

Balloi': 

All votes by 9 

PorniR of.. 29,30 

Ballot Boxes: 

County board to provide 31 

Publicly exhibited, locked, keys to 86 

Ballots: 

Blank form of receipt for 102 

Canvass and dispostion of 38 

Cumulative— how voted 37 

Form of— how printed and by whom. . . 29 

Form of, for women— how deposited. . . 34 

Manner of prepariugr 36 

Manner of votinar 35 

Pasters on 26 

Printed at public expense 27 

Record of ballots delivered 103 

Specimen to be posted 30 

Spoiled and not counted 37 

To be counted in contest 46 

r nlawful exhibition of 49 

What to contain 28 

Board of Equalization: 

Election of members, term, etc 11 

Board of Registration: 

Compensation of members 22 

Meetinsrs, duties, etc 18 

Offenses and penalties 51 

Booths: 

Description, number, stationery for — 31 



Candidates: 

Death— declination, etc 25 

Nomination of 22 

To fill vacancy 26 

Withdrawal, vacancy, etc 24 

Canvass of Ballots: 

• How made, proclamation, et<: 38 

Canvass of Returns: 

How made by county clerk 40 

How made by Secretary of State 41 

Proclamation by Governor 41 

Certificates: 

Of Election- 
Issued by county clerk 40 

Issued by Governor 41 

Of Nomination- 
Blanks- 

For city, town or village office 99 

For county office 97 

For district office 98 

For State office 96 

For vacancies to be filled 100 

Objections to. how decided 25 

Whereflled 24 

Withdrawal, vacancy, etc 24 

Challengers : 

Two allowed for each party 40 

Clebes: 

General provisions eonceminff election 

of 13 

City, Village or Town— 
Cnarged with printing and distribu- 
tion of ballots 29 

County- 
Blank form of receipt for ballots 102 

Duty in canvassing returns 40 

Duty in case of tie vote 41 

Election, term, etc IS 

Have charge of printing ballots, ete. . 29 

Issues certificate of election 40 

Makes returns to Secretary of State. 41 

Neglect of duty 51 

Record of ballots delivered 108 

To furnish blanks, poll books, etc 31 

Of Courts— 

ApK>ellate, election, term, etc 13 

Circuit, election, term, etc 13 

City, election, term, etc 14 

Cook county, election, term, etc 6 



105 



Index — ^Continued . 



CIj^uks— Concluded. 

Of Courts— Concluded. 

Oriminftl, election, term, etc 13 

Probate, election, term, etc 13 

Superior, election, term, etc 13 

Supreme, election, term, etc 5, 13 

Of Election- 
Appointment, oath, etc IS 

Compensation 22 

Offenses and penalties 50 

COMlil SSIONBRS : 

County— 

Cook county, election, term, etc 6. 16 

Election, term, etc 6, 16 

Of Elections- 
Charred with printing and distribu- 
tion of ballots 29 

OOMPEN8ATION : 

Of election officers 22 

GONOKBSS: 

Apportionment for 56 

Election of members of 11 

Constables: 

Appointment by county board or judges 18 

Election of 6 

Special, compensation 18,22 

Suppressing riots, arrests 18 

Contests: 

Who may contest, notices, etc 42 

Who may hear and determine, deposi- 
tions, etc 12 

Convicts: 
Disqualified to vote 34 

Coronbb: 
E lection, term, etc 14 

COUBTt: 

Appellate- 
Election of clerk, term, etc 13 

Circuit- 
Apportionment, election, of judges. . . 61 

Clerks— election, term, etc 13 

Cook county one circuit 5 

.Iiidsres— election, terra, etc 5, 12 

City- 
Clerks— election, term, etc 14 

Judges— election, term, etc 13 

County- 
Clerks— election, term, etc 13 

J ndfires— election, term, etc 12 

Criminal, Cook County- 
Clerk— election, term, etc 13 

Probate- 
Clerk— election, term, etc 13 

Judges— election, term, etc 13 

Superior- 
Clerk— election, term, etc 18 

Judges— election, term, etc 5, 12 

Supreme- 
Apportionment 60 

Cnief Justice— election, term etc 4 

Clerks— election, term, etc 5, 13 

Judges— election, term, etc 12 

—8 E. 



CCTMULATivE Votes: 
How voted 30.37 

Elections: 

Contesting, notices, depositions, etc. . . 42 

Manner of conducting 35 

No adjournment or recess 35 

Primary— see "Primary Elections." 107 

Proclamation on opening and cloiling 

polls 35 

Returns, canvass of 40, 41 

Time polls kept open :i$ 

Election Precincts: 
Change, division, etc 15 

Electors or PRE8iDK>fT and Vice- 
President: 

Election, certificates, returns, meeting. 

etc 10 

Eligibility: 
Constitutional provisions concerning.. 6 

Qeneral Assembly: 

Election of mem*>ers 3, 6 

Governor: 

Election, term, residence, duties, etc.. 4,11 

Issues certiflcHtes of election 10. 41 

Present during canvass of returns 41 

Proclamation of, concerning result of 

ciinva.Hs 41 

Governor. Lieutenant: 
Election, t^rm. residence, duties 4. 11 

Instructions to Voters: 
Election officers to print and post 30 

Judges: 

General provisions concerning elec- 
tion of 12 

Of Circuit Courts- 
Election, term, etc 5. 12,61 

Of City.Uourts- 
Eleotion, term, etc 13 

Of County Courts- 
Election, term, etc 12 

Of Elections- 
Appointment, qualifications, etc 16 

Blank form of receipt for ballots 102 

Compensation 22 

Offenses and penalties 50 

To allow challencrers 40 

To keep ballots boxes 31 

To post specimen ballots, etc 30 

Of Probate Courts- 
Election, term, etc 13 

Of Superior Courts- 
Additional judges 5 

Election, term, etc 12 

Of Supreme Court- 
Election, term, etc 4, 12 

Justice: 
Chief, Supreme Court, election, term. . 4 

Justices and Constables: 
Election, tenu, jurisdiction, etc 5, 15 

Liquor: 
Offenses and penalties regarding 46 



106 



Index — Continued. 



Member:? of Congress: 

Apportionment 55 

Election, term, etc 11 

Minority Representation: 
Constitutional provisions conceminsr. . 3 

Municipal Offioeks: 
Eligibility, salary, etc 8 

Nominations: 

Blanks for certificates of 96-101 

Canous nominations, requisites 23 

Nomination papers, signatures, etc 23 

Secretary of State to certify 26 

To fill vacancy 26 

Notices: 

Manner of iriving election notices 27 

Secretary of State to certify nomina- 

nations 26 

Oaths: 

Of challenged voter and witness 33 

<^)f judges and clerks of election 18 

Offenses and Penalties: 

By election officers 50 

By other persons 46 

Officers: 

County- 
Election, term, etc 8. 14 

.. Election- 
Appointment^ qualifications 16 

Compensation of 22 

To post specimen ballots 30 

Municipal- 
Eligibility, salary, etc 8 

Public- 
Eligibility to office 6 

Offenses and penalties 51 

State- 
Blank certificate of nomination for. . . 96 

Election, term, residence, duties 4, 11 

Returns of election 4 

Precincts, Election; 
Change of. division, etc 15 

Poll Books: 

' County clerk to provide 31 

How kept 35 

Poll Lists: 

Manner of making and revising 18 

Where filed 21 

Polls: 

Electioneering at, prohibited 49 

No adjournment or recess 35 

Time kept open 35 

Primaries: 
See "Primary Elections." 107 

Proclamations : 
On opening and closing polls 35 



Qualifications: 

Of clerks of elections 18 

Of electors 32 

Of inmates of charitable institutions.. 32 

Of judges of elections 17 

Of public officers 6 

Of witness 33 

Of women 34 

Reoobdbb of Deeds: 

Election, term, etc 14 

Register: 

Blanks furnished by Secretary of State 22 

Checking list of voters 35 

Corrections, revisions 20 

Exceptions in making 22 

Filing, delivery, voting by. etc 21 

Manner of making 18 

Open to inspection 2I 

Women may register 34 

Registration: 

Board of— 

Compensation 22 

Meetings, register, etc IS 

Offenses anil penalties 51 

Exceptions in making register 22 

Fraudulent— false swearing, etc 48 

Representatives in Congress: 

Apportionment for 55 

Election, terra, etc 11 

Representatives, State: 

Apportionment 57 

Election, terms, number 3. 12 

Resignations and Vacancies: 

Constitutional provisions 

Resignations, how made 52 

Vacancies, how declared and filled 52 

Who may determine vacancies 52 

Retlrns of Election: 

Electors of President and Vice Presi- 
dent 10 

How made to county clerk, form, and 

canvass 39 

How made for State officers 4.41 

Secretary of State: 

Election, term, residence, duties 4. 11 

To canvass returns - . . . 41 

To decide by lot in case of tie 41 

Senators, State: 

Apportionment for 57 

Election, term, number 3.12 

Sheriff: 

Election, term, etc 14 

To post notices of election 27 

State's Attorney: 
Election, term, etc 5. 14 

Suffrage: 
Constitutional provisions 

Superintendent, County: 

Constitutional provisions 6 

Election, term, etc 14 



107 



Index — Continued . 



Sl^'PERIXTENDKNT OF PUBLIO INSTRUC- 
TION: 

Election, term, residence, duties 4.11 

Supervisob: 

Refusal or neglect of duty 51 

To post notices of election 27 

StJRVEYOR: 

Election, term, etc 14 

Tie Vote: 

Duty of county clerk in case of 41 

Duty of Secretary of State in case of . . 41 

Treasi'kek, County: 

Election, term, etc 14 

Treasurer, State: 

Election, term, residence, duties 3.7.11 

Trustees of University of Illinois: 
Election, term etc 11 



Vacancies: 
See "Resignations and Vacancies." 

Voters: 

Assistance, when and how iriven 37 

Cumulative yotes, how voted 37 

Entitled to two hours; to srive notice.. 34-48 

Inmates of Charitable Institutions 32 

Instructions to. printed cards, etc 30 

Manner of Totinir 35 

Offenses and penalties 46 

Privileged from arrest and jAilitary 

duty 9 

Qualifications and other provisions. . . .9,32 

Witness: 

Affidavit of 83 

Offenses and penalties 46 

Women: 

May vote for school officers: must 

reurister 34 



PRIMARY ELECTIONS. 



Elections of Voluntary Associations: 

Adoption— 
When and how held under this act.. 62 

Ballot Boxes— 
How kept 68 

Ballots- 
How printed 68 

Destruction of 70 

Canvass of Votes- 
How made 69 

Certificates of Election— 
Lssued by judges 70 

Challengers- 
One for each adverse, interest 65 

Clerks- 
See "Judgres and Clerks.'' 

Commissioners— 
To furnish lists 64 

Committee— 

To divide district 65 

To irive time and place of election ... 63 

J udsres and Clerks- 
Conduct canvass 69 

Oath, duties, offenses, penalties 64, 70 

To hear objections, administer oaths. 65 

To issue certificates of election 70 

To keep lists, admit challenfirers 67 

To sign lists 70 

Lists — 

Form of 67 

How made 64, 69 

To be filed with county clerk 70 

Notices— 
What to contain, how made 63 

Oaths- 
Administration of 64, 68 

Offenses and Penalties— 
By voters, officers and other persons. 66, 70 



Elections of Voluntary Associa- 
tions— 6'o«r/«d«rf. 

Polls- 

Closinfir by proclamation 69 

Time and place of holdinjr 6:^ 

Voters- 
Fraudulent voting —bribery — pen- 
alties 66.70 

Number in district 65 

Penalty for illearal voting 64 

Registered— challenge- penalty 65 

Who may vote 64.67 

Elections in Counties op 125.000 or 
Over: 

Adoption- 
How adopted— where in force .... — 92 
Laws in force— expenses, how paid .. 75 

Ballot Boxes- 
Must be in view of public 79 

Penalty lor carrying away 90 

Ballots- 
Canvass of 82 

Voting to be by. form of 78 

Call- 
How made, filing, etc 73 

Canvass of Votes- 
How made, returns 83 

Penalties in making false canvass. . . 86 

Refusing or neglecting to make 91 

Certificates of Election- 
Judges and clerks to issue 85 

Obtaining false certificates 91 

Challengers- 
Number and privileges 82 

Clerks- 
See "'Judges and Clerks." 

Committee, Central - 
Appointment of judges and clerks. . . 73 
Making a call or application 73 



mvj 



4- 



ILLINOIS 
PRIMARY 
ELECTION 
1 LAVS D 



IN WCE 

jcur ,1,1110 



sEPTaort tt iiu 



an. 
I 




I 
I 



•H 



i 



I,;. 



I 



Ilinois Primary 
Election Laws 



IN FORCE 
JULY 1. 1910 



AN ACT- 
FOB THB HOLDING O 

BLBcrroNs er 

POLITICAL PARTIBS 



AN ACT 



F THB CBNBttAL AeSBUBLV A 



PRIMARY ELECTION 

SSPTBMBBR 15. 1910 



llinois Primary 
Election Laws 



IN FORCE 
JULY 1. 1910 



AN ACT*- 

a PKOVIDB FOR THB SOLDINC O 

PKIMART BLBCTION9 BY 

POLITICAL PART IBS 



AN ACT 
r BLBCTIONB BT 



IMARY ELECTION 
Sbptbhbbr 15, 1910 



NOHINATIONS— ■(« ■CaHDID.TII" 

NOIICB8— ronust 

Oath— )udgc iiod clerk 

OrPBHSRS AHD PlKALTIMI bcttins 

derlB 

dbclfniaff how elector voted 

disorderly conduct 

electkntccring near polb 

false iweaiiDB 

iu^iciiiigi^M::::::::;:;::::;::: 

Pehjuht — fake iwcaiinE deemed 

PeTTTIONS — K« "CAHDIDATas" 

Political Paiti— eiiiliiiB committeei < 

term defined 

total vote. hovdelenniDed 

Poll Boorta — false entrita 

form, cerlifirale. etc 

pUwe'of ho IditK.... ".!!"'.'.'.".'.'. ".".'.'..■ 
RsprAL— acts of 18S9. 1898. IS99 and t 



SaraETxaT o» Siatc — rertificate U 









voted at the'election to be held the lii 
Tuesday- after the first Monday in t 
month of November. A. D. 1910, as 
candidate for any office, when provi;i 
is made herein for nominating candiiiai 
torsnch office except President and Vi 
President of the United States uiil< 
such person shall have been nominat 
for such otfice under the provisions 
this Act. and all nominations mi 
prior )o July 1. A. D IQIO, of cam 
dates for any such office to be voted i 
at said election are hereby declare] 
no effect and no noraination for ii 
such office made prior to July 1. A. . 
1910, shall entitle any person, sonoo 
nated to have his name placed upon tl 
official ballot to be voted at said eleciio 

Sec. 2. [PoLiTic*L Party Definei 
A political party, which at the s""' 
election for State and county oliitf 
then next preceding a primarv. poUi 
more than 2 per cent of the entire vo 
cast in the State, is hereby declared 
be a political party within the State, ai 
shall nominate all candidates provid' 
for in this Act under the provisio 

A political party, which at the penfr 
election for State and county oiHiC 
then next preceding a primary, ca 
more than 2 per cent of the entire vo 
cast within any Congressional diftni 
is hereby declared to be a political fs^ 
within the meaning of this Act, nitii 
such Congressional district, and sh. 
nominate its candidates for Represent 
live in Congress and for member of il 
State Board of Rqualization within u 
district, under the provisions her«oi. 



A primary Bhall be hdd od the Eec< 
Tuesday in April in any year in wf 
judges of the Supiienie Court, judge' 
the Circuit Court, and judges ol 
Superior Court of Coolc coimty, or 
of them, are to be elected at an dec' 
to be held on the first Monday of J 
of such year for the nomination of i 
didates for such offices respectively. 

A primary shall be held on the 
Tuesday in February in eadi year 
the nomination of such ofBcers as 
to be voted for on the first Tuesda; 
April of such year. 

A primary shall be held on the sec 
Tuesday in March in each year for 
nomination of such officers as are t< 
voted for on the Third Tuesday in A 
of such year. 

A primary for the nomination for 
-""■jr officers, nominations forwhich' 



required to be made under the provisi 
of this Act, shall be held three w( 
preceding the date of the ^^eral e 
tion for such offices respectively. 

The polls shall be open from ( 
o'clock a m. to 5:00 o'clock p. m. 

Sec. 7. [Voter's Leavb of 
SBNCB.] Any person entitled to ^ 
at such primary shall, on the day of s 
primary, be entitled to absent hirr 
From any service or employment 
which he' is then engaged or empic 
for a period of two hours between 
time of opening and closing the p 
and such primary elector shall not. 
cause of so absenting himself, be liab 
any penalty nor shall any deductio 



the city of Springlield, uid organizi 
electing from among their numbt 
chairman and may at such time e 
such other officera from among t 
own number or otherwise, as they i 
deem necessary or expedient 
outgoing chairman of the State cer 
committee of the party shall, ten < 
before the meeting, notify each men 
of the State centra! committee elei 
at the primary of the time and plar 
such meeting, 

(21 [Precinct Committeeman ] 
the September primary held in Sept 
ber, A. D, IQIO. and at the Apnl 
mary held every two years therea' 
each primary elector may write or 
tach in the space left on the prin 
ballot for that purpose the name of 
qualified primary elector of his part 
the precinct for member of his polii 
partyprecint' :iimmittee, Theonel 
ing the highest number of votes slial 
such committeeman of such partv 
such precinct. In case of a tie the 
mary judges shall cast lots. The oli 
returns of the primary judges shall ? 
the name and address of the commit 
man of each political party. 

(3) [CouNTv Central Commiti 
The county central committee of ( 
political party shall consist of the m 
i«rs of the various precinct commit 
of such party in the county. 

{4) [CONOHESSIONAL COMMITT 

The congressional committees of t 
political party shall be composed ot 
chairmen of the county central r 
mittees of the counties composing 
congressional district, excepting tha 
congressional districts whofly within 



proceed to organize by electing' f 
among its own number a chairman 
either from among its own numbei 
otherwise, such other officers as 
committee may deem necessary or 
pedient. Such meeting of the cou 
central committee shall be known as 
county convention. The county i 
vention of each political party s 
choose delegates to the Congressii 
and State convention of its party: i 
vided. only precinct committeemen 
siding within the limits of a Cong 
sional district shall participate in 
selection of delegates to a Congressii 
convention; And, provided, fun 
that in the county convention that t 
delegate to the county convention s 
have one vote and one additional ' 
for each fifty or major fraction the 
of his party as cast in his precinct at 
last general election. 

(b) [Congressional Conventio 
All Congressional conventions shaL 
held on the first Wednesday after 
first Monday next sticceeding the A 
primary. 'i"he Congressional con' 
tion of each politic;^ party shall 1; 
power to choose and select delegates 
alternate delegates to national nomi 
ing cenventions, and to recommera 
the State convention of its party 
ination of candidat* "" " 



fro 



:ch Congre 



mal dis 



)r electors of President and V 
President of the United States, 

(c) [StatbCo.nventions.) All Si 
! shall be held on the i 



Friday after the first Hondmy next 
succeeding the April priniBry. The 
State conventioa of each political party 
shall have power to moke nomiaations 
of candidates for the electoro of Presi- 
dent and Vice President of the United 
States, and for trustees of the Univer- 
ity of Illinois, and to adopt any party 
platrorm, and to choose and select in 
accordance with the rules and regula- 
tions of its party delegates and alternate 
delegates to national nominating con- 
ventions. 

(d) [Functions op Comvbntiom.) 
Each convention may perform all other 
functions inherent to Buch political 
organization and not inconsistent with 
this Act. 

(e) [Calls for Contention — Fil- 
ing—Form.] At least thirty-three (33) 
days before the April primary the State 
and Congressional committee, respec- 
tively, of each political party shall file 
in the office of the county clerk in each 
county of the State, or in each county ol 
the Congressional district, a call for the 
State and Congressional conventions. 
Said call shall state, among other things, 
the time and place (designating the 
building or hall) for holding the State 
and Congressional conventions, re- 
spectively, the total number of delegates 
which shall compose each of said con- 
ventions, and the call for State conven- 
tioris shall state, among other things, 
the number of delegates to which each 
county is entitled in the State conven- 
tion; and the call for the Congressional 
convention shall state, among other 
thines. the number c^ delegates to 
which each county or political subdi- 

U 




i vision of any county, as the case ma; 

I is entitled to in the Congressionai 

ventioa. Such call Ehall be si^jnet 

the chairman and attested hy the si 

J tary of the respective committees. 

Sec. 11, [Aldermen under Mi 
) iTY Rbpresentation.) In c" 



j have adopted minority represents 

in the city council, the city centra! < 
mittee shall, at least thirty (30) < 
prior to the date "of the primary 
resolution, fix and determine the n 
ber of candidates for alderman in i 
of the wards of their city to be non- 
ted by their party at the primary loi 
nomination of candidates for city ofl 
A copy of said resolutions.dulvc 
lied by the chairman and attested b\ 
secretary, shall, within two days tf 
after, be filed in the office of the 
clerk. 

In all primaries for the nominatic 
candidates for alderman under mi 
ity representation, each qualified mi 
ity elector may cast as many vole: 
one candidate as there are canilidali 
be nominated, or may distribute 
same, or equal parts thereof. amoiiE 
candidates for nomination as he : 
see fit. and the candidate for noniina 
highest in votes shall be declared m 

T Sec, 12. (Notice op Primaf 

DuTV OP Clerks. t At least twenty 
days before each primary the coi 
clerk of each county, or the city, vil 
or town orotherclerk. whose duty it 
give notice of general elections m 
the general election laws of this St 
for uie etection^of officers whose m 

_ 12 



nation is required to bc^made'under^the 
provisions of this Act, shall prepare in 
the manner provided in the general elec- 
tion laws of this State, a notice of such 
primary, which notice shall state the 
time and place of holding the primary, 
the hour^ during which the polls will 
be open, the offices for which candidates 
nrill be nominated at such primary and 
the political parties entitled to partici- 
pate therein. Such notice!! shall be 
posted at least fifteen (15) days prior to 
the primary by the same authorities 
and in the same manner as notices of 
election under the general election laws 
are required to be posted. 

"* Sec. 13. [Judges op Primary.] The 
judges of general elections for State and 
county officers, for city and village 
ofl'icers and for town and other munici 
pal officers, are hereby constituted 
respectively the judges of primary elec- 
tioris in their respective precincts, under 
the provisions of this Act. 

Sec. 14. [Judges Hold Over.] It is 
hereby made the duty of the respective 
judges of general elections to act as 
judges of primary elections in their 
respective precincts until their succes- 
sors, as judges of general elections, are 
duly appointed and qualified. 

Sec. IS. (JudcbsAhsent, Etc, — Va- 
CA NciES.] If, at the time for opening of 
a primary, one of the primary judges 
be absent, or refuse to act, the judges 
present shall appoint some qviahiied pri- 
ni ary elector of the precinct to act in his 
place. If two of the primary judges be 
af)scnt or refuse to act, the judRes pres- 
ent shall fill the vacanciesjn theisame 
(2> 13 





k 



the 



r 



r 



Sec, 24. [Supplies.] All nece 

Erimary poll books, tally sheets, n 
laiiks, stationery and other nete 
primary supplies shall be fumishc 
the same authorities upon whom i 
posed by law the duty ot funii 
such sup])1ies at general elections. 

Sec. 2.';. [Expenses.) Theexpei 
coiitlucting such primary, includin 
per (licni of judges and clerks, fui 
w\g. wamiing, lighting and mainly 
the ]iolliiig place, and all other ex|- 
nct-c-^sarily incurred in the prepii 
for or coi^ducting such primary sli 
paid in the same manner, and h 
same authorities or officers rcspcc 
as in the case of elections. 

Sec. 2fi. (PoLt Books— FoHH- 
TiFirATES.l The primary poll 
shall he substantially in the lo11< 

PRIMARY POLL BOOKS. 
Of ihe primary held in the....,, 

prci iiKt ot the county of ( 

day of A. E 



r 



of the^county ii 
ng such Etatem 
to administer the i 
:h sheets before beinR 
y fastened together iii 
?iiig the sheets in a pil 
;iil together at one ed 
suitable manner, am 
.hen be numbered con 
sheets shall not be fas1 
lem together end to cr 

I, when filed, shall ni 
r added to. and no s 
; revoked encept by re- 
writing with the cloi 
 officer with whom 
quired to be filed. an< 
e of such petition. 1 

ibed, shall knowingly, 
rriiptly swear falsely, 
ilty of perjury, and on 
of. shall be punished 
Vhoever forges the i 
pon any petition rcqi 
;liall be deemed guilty 
>n conviction thereof, 
iccordingly. 
if candidates for nor 
:es herein specitieil, i 

two or more candidal 
lical party for the saij 

oils for nominations 

a State office, by not 
sand (1,000) nor more 
I (2.000) primary ele. 



(b) If for a cuogressional office, by at 
least one-half of one per cent of the 
qualiiied primary electors of his party 
in his congressional district, as the case 
may be; 

(c) If for a judicial office, by a least 
one-half of one pier cent of the qualified 
primary electors of his party in the dis- 
trict or division for which the nomina- 
tion is made. 

(d) If for a county office, by at least 
one-half of one per cent of the quali- 
fied primary electors of his party cast at 
the last preceding general election in his 
county: Provided, that if for the nomi- 
nation for county commissioner of Cook 
county, then by at least one-half of one 
per cent of the qualified primary electors 
of his patty in his county in the district 
or division in which such person is a 
candidate for nomination. 

(e) If for a city or village office, to be 
filled by the electors of the entire city or 
village, by at least one-half of one per 
cent of the qualified primary electors of 
his party in his city or village; if for 
alderman, by at least one-h^ of one 
per cent of the voters of his party of his 

(f) If for State central committee- 
man, by at least one hundred (100) of 
the primary electors of his party of his 
congressiooal district. 

(g) If for a candidate for trustee of a 
sanitary district, by at least one-half 
of one per cent of the primary electors 
of his party, from such sanitary district. 

(h) If for a candidate for clerk of the 
appellate court, by at least one-half of 
one per cent of the primary electors of 
his party of the district. 




''^■^^f'-v'.:?^r>^??Tl:^ 



t^^'^ 




k 



^(i)l^If for any'other office, by at Ifa; 
ten (10) primary electors of his party! 
the distnct or di\ision for which noin 

Sec. 29. U. S. Senator— pETiTinv- 
Apvisory Vote] Any candidate (' 
United States Senator may have h 
name printed upon the primary lalli 
of his political party by tiling in tl 
office of the Secretary of State, not 1c 
than thirty (30) da>-s prior to tlie Jai 
of the April primary, in any year, 
petition signed by not less than thn 
thousand (.1,000) primary electors, m 
more than five thousand (S.OOO) men 
bers of and affiliated with the parly i 
which he is a candidate, and no eand 
date for United States Senator, nt 
fails to comply with the provisions  
this Act, shall have his name pn-.M 
upon any primary ballot: Provide 
that the vote upon candidates ii 
United States Senator shall be had i' 
the sole purpose of ascertaining the seni 
ment ol the voters of the lespedi' 
parties in the State as a whole and «■ 
by Senatorial districts. 

Sec, 30, [Petition— Filing— W FT 
DBAWAL.] All petitions for nominatic 
shall be liled as follows: 

(1) Where the nomination is to 1 
made for a State, congressional, judii.i 
or aj'pcllale court oftice, orforanyoltj 
the nomination for which is made for 
territorial division ordistrict which cc 



■e than  
inty E 



.nty.o 






m 



sixty and not less than thirty days 
prior to the date of the primary. 

(2) Where the nomination ia to be 
made for a county office, except cleric of 
AppeUate court of the first district then 
such petition shall be filed in the office 
of the county clerk not more than sixty 
nor less than thirty days prior to the 
date of the primary. 

(3) Where the nomination is to be 
made for an office to be filled by the 
electors of an entire city or village, in- 
cluding aldermen, such petitions for 
nominations shall be filed in the office 
of the city or village clerk not more than 
thirty (30) nor less than fifteen (IS) 
days prior to the date of the primary. 

(4) Where the nomination is to be 
made for an office to be filled by the 
electors of a town, then such petition 
for nomination shall be iiled in the office 
of the town clerk not more than thirty 
(30) and not less than fifteen (15) days 
prior to the date of the primary, 

(5) The petitions of candidates for 
State central committeemen shall be 
filed in the office of the Secretary of 
State not more than sixty (60) da)^ and 
not less than thirty (30) days prior to 
the primary. 

(6) The Secretary of State and the 
various clerks with whom such petitions 
for nominations are filed shall endoise 
thereon the day and hour on which each 
petition was filed. 

(7) Any peison for whom a petition 
for nomination or f6r committeeman 
has been filed may cause his name to be 
withdrawn by his request in writing, 
sigtied by him and duly acknowledged 



r 




before onjotncer qualit^ed to take' 
knowledgments of deeds and tiled ir 
office of the Secretary of State not 



priorto thedateof the primary, aii< 
names so withdrawn shall be ceri 
by the Secretary of State to the eo 
clerk, or printed on the primarj' b; 

Sec. 31 [Certipicatb to Coi 
Clerk.] Not less than twenty 
days prior to the date of the prii 
the Secretary of State [shall] certi) 
the county clerk of each county 
names of all candidates for Ui 
States Senator and of all candidate 
members of the State central commi 
*nd of all candidates for the nomine 
for all offices, as specified in the pet 
for nominations on tile in hisofiice,n 
■retobevot«l for in such county, sti 
in such certificates the political atTilii 
of each candidate for nominatioi 

specified in the 

, The Secretary of State shi 
Iiis certificate to the coiuity clerk cf 
'o said county clerk the names o 
offices and the names of the candii 
n the order in which said offices 
aid names shall appear upon the 
mary ballot, said names to app^i 
the order in which petition shall 
been filed in his office. 



Sec. 32. 



[Bai 



-By V> 



The" county clerk of 
county and in cities, villages and tc 
the clerk thereof, as the case ma; 



first day of April, in the'year of ourLotd 
1S4S. or obtained a certilicate of natural- 
ization before any court of record in this 
State prior to the first day of January, 
in the year of our Lord 1870, or who 
shall be a male citizen of the United 
States, above the age of twenty-on( 
years, shall be entitl^ to vote at such 
primary. 

The following regulations shall be ap- 
plicable to primaries; 

No person shall be entitled to vote at 
a primary: 

(a) Unless he declares his party 
affiliations as required by this Act; 

(b) Who shall have signed the peti- 
tion for nomination of a candidate of any 
party nitb which he does not affiliate, 
whensuchcandidateis tobe votedfotil 
the primary J 

J (c) tWho'shaUjhave^signed the nomi- 
nating papers of an independent candi- 
date for any office for which office can- 
didates for nomination aielto be^votd 
for at such primary; or 
J(d) If he^shallihave voted at a pn- 
mary held under this Act of another po 
litical party within a period of two 
years next preceding such primary; 
Provided, participation by a primary 
elector in a primary of a political party, 
which under the provisions of seclio;; 
2 of this Act, is a pohtical party vvithin a 
city only and entitled nereutider to 
make nominations of candidates for 
city officers only, and for no other ofti^e 
or offices, shall not disqualify such pn- 
mary elector from participating in otiici 
primaries of his party; And, prtyvided. 
that no qualified voter shall be pre- 
cluded fromtpartkipating in^the^ptf 



and in the county of s 

State, since the day oi 

A. D. 191.,.,, and in the preci 

of the ward, in the city of 

smid county and State, since the 

day of A, D, 191.,,,; and that 1 

years of age; and that 1 am 

identical person registered in said ] 
cinct for the primary by affidavit un 
the name I subscribe hereto." 

Such answer shall be hied with 
Board of Election Commissioners 

The decision on each application si 
be announced at once after hearinj;, j 
where such application is alloMcd s 
name shall be erased forthwith. 

The county court of the coiirty 
which such city is situated shall 
Friday and Saturday of the week p 
to the week in which such primary- 1; 
be held, especially sit to hear svuh 
plications as may be made to it by ] 
sons whose names have been strit 
from the registry list as above provid 
Such application shall be sworn to : 
shall state that the Board of Elect 
Commissioners has stricken such r; 
from the registry list. Such appl 
tion shall be heard summarily anci i 
dence mav be introduced for or af^a 
such application. Each case shall 
decided at once on hearing, and 
clerk of the court shall make a minvit 
the disposition of each application, 
copy of such minute shall at onrc 
given to such Board of "blection (' 
missioners, and, when such minute i 
cates that the name of the appii' 
shall be restored to the register. 
Board of Election Commissioners > 
forthwith cause such name to be pli 
upon the appropriate register, anil ' 



vote at a'primBi7^al]Fstate''his''nain 
residence and party affiliation to tl 
primary judges, one of whom shall ther 
upon announce the same in a distiii' 
tone of voice, sufficiently loud to 1 
heard by all persons in the polling plac 
If the person desiring to vote is not cha 
leneed, one of the primary judges shs 

ballot of the political party witn whit 
he declares himself alfiliated. on tl 
back of which such primary judge shs 
endorse his initials in such manner th: 
they may be seen when the primal 
ballot is properly folded. If the pe 

son desiring to vote is challenged 1 
shall not receive a primary ballot fro 
the primary judges until he shall ha\ 
established his right to vote as hereii 
after provided. No person who r 
fuses to state his party affiliation sha 
be allowed to vote at a primary. 

Sec. 45. [Challevgbd Voter — Arr 
DAVITS. I whenever a person offerir 
to vote at a primary is challenged, tl 
person so challenged shall make an 
subscribe an affidavit in the followii 
form, which shall be presented to an 
retained by the primary judges an 
clerks, and returned by them with tt 
primary poll book: 
State of Illinois. 1 
County of J 

I ...do solemnly swear (or a 

firml that I am a citizen of the Unite 
States, of the age of twenty-one yeai 
or over and am qualified to vote undt 



State of Illinois.^ |] 1 

}ss 

Comity of J J 

I.... do solemnly swear, (oi 

affirm) that I am a householdr ' this 
precinct and entitled to. vote uc this 
primary; that 1 am acquainted with 

{nameof the party challenged], 

whose right to vote at this primary 
has been challenged; that I know him 
to be an actual bona fide resident of this 
precinct, and that he has resided herein 
thirty days, and 1 verily believe he has 
resided in this county ninetx days, and 
in this State one year next prei-edirg 
this primary; that I verily believe he is 
a member of and al^Iiated with the 

Subscribed and sworn to before me. 
this day of A. D 1? 

Judge of Primar)'. 

Sec, 46, [Ballot — How Marked] 
On receiving from the primary judEcs 
a primary ballot of his party, the pri- 
mary elector shall forthwith and with- 
out leaving the polling place, retire 
alone to one of the votmg booths and 
prepare such primary ballot by marking 
a cross (X) in the square in tront of and 
opposite the name of each candidate 
of his choice for each office to be tilltJ. 
At the primary at which a precim:t 
committeeman is to be elected the pri- 
mary elector may write or attach at the 
bottom of his primary ballot, in the 
space provided for that purpose, the 
name of one primary elector of his pre- 
rini-t. member of and affiliated with his 



oath that he cannotlread the Engli 
language, or that by reason of any phy 
csl disability he is unable to mark t 
ballot shall upon request, be assisted 
marking his primary ballot in the sai 
manner as provided by the gene; 
election laws of this State. 

^Sec. 49. [No Adjournment oh R 
CESS.] After the opening of the pc 
at a primary no adjournment shall 
had nor recess taken until the canv^ 
of all the votes is completed and t 
returns carefully enveloped and scali 

W Sec. SO. [Canvass at Polli 

Place.] The votes shall be canvass 
in the room or place where the prima 
is held and the primary judges snail ii 
allow the ballot box or any of the l> 
lots, or the primary poll book, ot a 
of the tally sheets to be removed 
carried away fr-m such room or polli 
place until the canvass of the votes 
completed and the returns careiii 
enveloped and sealed. 

Sec. Si. [Ballots — "Defectcvi 
Etc] If the primary elector mai 
more names upon the primary bai 
than there are oeraons to he. nnmiiial 



the'^ primary poll books^under cac 
p arty affiliation: 

(3) If the primary^ ballots of '"an 
political party exceed in number ti 
names of voters of such political part 



political party have been counted^ar 
set down and 'the tally sheets footed ar 
the entry made in the primary p< 
books, as above provided, all the pi 
niary baJlots of said political party, e 
cept those marked "defective" or "o 
jected to" shaJ be strung upon a stroi 
thread or twine separately for each p 
litical party in the order in which ta 
primary ballots have been read, ai 
shall thereupon be carefully sealed in i 
envelope, which envelope shall be e: 
dorsed as followt: 

Primary ballots of the —. 

^arty of the precinct of tl 

county of... and State of Illinois 

Beiow each endorsement, each pr 
mary judge shall writejhis name 



Sec. SS. rfpREciNCT Returns— Ho' 
Made ] The primary poll books, nit 
the certificates of the primary jud^e 
written thereon, and the tally sheeti 
together with the envelopes containin 
the ballots, shall be carefully envelope 
and sealed up together, properly en 
dorsed and put into the hands of th 
primary judges who shall, within fort\ 
eight (48} hours thereafter, deliver th 
»me to the clerk from whom the pri 
niary ballots were obtained, which cler 
hall safelyikeep the same for three (3 
nonths 

, Sec. 56. [Canvass ofIReturns.JI -^ 
soon as complete returns are debvem 
to the proper clerk, the returns shall ■> 
canvassed as follows: 



ber. then the candidate for nominati 
living outside of such city having t 
highest number of votes of his pai 
shall be nominated, and his name sh 
be placed on the olBcial ballot at 1 
foilowing election. 

The pereon receiving the highest nu 
ber of votes of his party for State c< 
trai committeeman of his Congressioi 
district shall be declared elected Sti 
central committeeman from said 0( 
gressional district. 

When two or more persons recej 
an equal and the highest niunber 
votes for the nomination for the sai 
office or for committeeman of the sal 
pohtical party, or where more than o 
person of the same political party 
to be nominated as a candidate I 
office or committeeman, if it appei 
that moie than the number of jrerso 
to be nominated for an ofBce or elect 
committeeman have the highest and 
e(}ual number of votes for the nomir 
tion for the same office or for election 
., the board by which t 



shall be nominated or elected, 
case may be. In such case such ca 
vassing board shall issue notice in wr 
ing to such persons of such tie vo^ 
stating therein the place, the day (whi 
shall not be more than five (S) da 
thereafter) and the hour when SU' 
nomination or election shall be so d 
termined. 

Sec. Sn. [Ballot FOR General Ele 
TION. J When the nomination is mai 
for an office to be filled by the electc 
of an entire county, and where it is 1 



name"^[and destription^of each f.ci 
iioininateil for such office, a.s sho.Mi 
the certilicate of the canvassing bi. 
on lile in his office. 

Sec. 60. [Special Elections—! 
LING Vacancies] Whenever a spt 
election shall be necessary, the pro 
ions of this Act shall be applicable to 
r.omination of candidates to be vf 
(or at such special election. The oil 
or hoard or commission whose duty i 
under the general election laws of 
State, to call an election, shall lix a <] 
for the primary for the nominaiioi 
candidates to be voted for at such spe 
election. At least fifteen (15) d: 
notice shall be given of such primarv 

In case a candidate who has been n( 
inated under the provisions of this . 
shall die before election, or decline 
nomination, or should the nominal 
for any other reason become vacant. 
maiia'.;ing committee of the respect 
pohlical parties for the territorial 



sY 



which such 

1 candidate oV candi<iales 
the respective parties to fill such vac; 
cies on the ticket. 



Sec. 61. 



[Board of Electio; 
MissiONERS— Duties.] In cities hav 
a board of election commissioncre 
duties herein imposed upon the coun 
city or village clerk, as tlie case niay 
shall be discharged by the board 
election commissioners, in the sa 
as mav be, and to 
with lite effect that 
.TifKPH H,v fhi-! Ait 



Cfi 



Authority and jurisdiction are her 

vested in the county court or in 
judge thereof in vacation, or in the 
cuit court or in the judges thereo 
vacation.as thecasemay be, to hear 
determine primary contests. Whe 

fetition to contest a primary shall 
led in the office of the clerk of 
court, said petition shall forthwith 
presented to the judge thereof,  
shall note thereon the day of presei 
tion, and shall also note thereon the 
when he will hear the same, which -^ 
not be more than five (5) days th 
after, and shall order issuance of s 
mons to each defendant named in 
petition. 

Summons shall forthwith issue 
each defendant named in the pcii 
and shall be served in the same mat 
as is provided in cases in chaiiL 
Summons mav be issued and sen.-ei 
any county in'the State. The case i 
be heard and determined by the cov 

judges thereof in vacation, at any I 
not less than three (3) da>-s after 
vice of proces.':. and shall have prefer< 
in the order of hearing to all other ci 
The petitioner shall give security fo 

If, in the opinion of the court 
which the petition is filed, the Rro; 
(or contest alleged are insufficien 
laiv. the petition shall be dismissed, 
the KromKU alleged are sufficient in 
the court sliall proceed in a snnin 



See. 65 [Fal! 
Perjury ] H an 
challenged, or ar . 
der the provisions of this Act. bI 
knowingly, wilfully and corruptly sw 
falsely, he shall be deemed piiilly 

SrjuTy and on conviction thereof s! 
punished accordingly. 

Sec. 66. IIllrcal Voting— Bi 
BRY. Etc.— Penalty.] (1) Whot 
unlawfully votes more than once at 
primary or oiTers to vote after tia\ 
once voted at such primary, or Vnov, 
that he is rot a qualified elector a 
primary, wilfully votes at such prini; 
shall, on conviction thereof, be limy 
a sum not exceeding one thousand ( I'l 
dollars, or imprisoned in the coimiy 
not exceeding one (1) year, or both 
the discretion of the court. 

(2) Whoever wilfully aids or al 
any one not legally qualified to vole 
a primary in voting or attempting 
vote at such primary; or, 

(3) By unlawful means prevents 
attemp'3 to prevent any primary' el 
tor fro.n attending or voting at a | 

(4) Gives or offers to give s 
valuable thirg or bribe to any ju'lK' 
clerk of a primary', as a considccanoi 
some act to be done or omilieii 'o 
done contrary to his oilicial duty ii: 
lation to such primary, shall, on coir 
tion thereof, be fined in a sum i:ot 
ceeding one thousand (lOOCl) doUan 
imprisoned in the county jail rot 
cccding ore ( 1 ) year, or both, in the 
crelion of the court: any judge or tl 
who" shall receive, requestlor dem 



this section byTindictment in the 
court, or by information in the  
courts, and the effect of a sente 
disfranchisement in eitherof said  
both having jurisdiction of o 
hereunder, shall be to deprive sue 
sons sentenced to [of] the right t 
at any primary within this Stat 
period of time lixed by the court 
such person shall be convicted 
this section. Any candidate or 



with rnoney, intoxicating liouor 
olhcr''thing of value, or the p 
thereof, shall not be liable to j 
ment therefor, but shall be a com 
witness and compelled to test 
prosecutions under this section, 
tationsof any person, or a loan of 
or the purchase of anything of va 
any other subterfuge shall be dee 
violation thereof. 

(2) Any person who shall hav 
legally convicted and disfranchise 
court of competent jurisdiction 
shall, before the expiration of hi 
of disfranchisement, vote or of 
vote at any primary within this 
shall, upon indictment and com 
thereof m a court of competent ju 
tion, be confined in the penite 
for a term of years not less tha 
nor more than ten years. 

Sec. 68. [Disorderly Cond 
Penalty-.] Whoever is disorderl 
primary shall forfeit a sum not e: 
ing Iwcnty-tive (25) dollars. 

Sec, 69. [Wagers— Penalty.] 

ever licts or wagers any money, prt 



(1) Shall open or unfoldtany 1 
when the same if presented to b 
posited in the ballot box; or. 

(8) Shall wiltully neglect to pe; 
any of the duties required of hii 
tilts Act; shall, on conviction th 
be fined in a sum not exceedint 
thousand (1000) dollars, or impri' 
in the county jail not exceeilini 
year, or both, in the discretion c 

Sec, 71. (Disclosing How Ei-f 
VoTBD — Fksaltv.] Tf any persoi 
fully or corruptly ascertains, pub 
or reveals how a primary elector  
at a primary, he shall, on convi 
thereof be fined in anv sum not ex 
ing one thousand (1000) dollars, o 
prisoned in the county jail not ex 
in); one year, or both, in the discT 
ot the court. 

Sec, 72. [Offenses ot Cle 
Penalty,] If any clerk of a pri 
si I all wilfully neplect to jjetform 
duty requfrai of him as primary  
or shall be Ruilty of fraud, corru 
or misbehavior, he shall, on convi 
thereof, be lined in a sum not exce 
five hundred (500) dollars, or impi 
ed in the county jail not exceedin 
months, or bolli, in the discretion c 

Sec. 73. [Failure to Delivee 
TURNS. lilTc— Penalty,] If any j 
clerk or messenger, after having 
deputed by the primary judges to 
the primary poll books, tally sheet 



canvassed, wilfully or negl^ently fafls 
to deliver such primary poll books, tally 
sheets or returns within a time pre- 
scribed by law, with the seal unbroken, 
he Bhall, upon conviction thereof, be 
fined in a sum not exceeding five hun- 
dred (SOO) dollars or imprisoned in the 
county jail not exceeding ~six months. 
or both, in the discretion of the court. 

Sec. 74. [Neglbct oh Refusal o» 
Clerk — Penalty.] If any county, 

city or town clerk wilfully refuses to per- 
form any duty required of him by this 
Act, he shall, upon conviction thereof, 
be Gned in a sum not exceeding five 
hundred (500) dollars and shall be liable 
to the person injured by reason of such 
neglect or refusal in an amount not ex- 
ceeding five hundred (SOO) dollars, to be 
recovered in an action on the case. 

Sec. 75, [OFfBNSE 
Returns— Penalty.] 
whose duty it i; 
31 make a tabulated statement thereof, 
shall be guilty of fraud, corruption, or 
Tiisbehavior in not canvassing the re- 
:umE or making a tabulated statemeni 
;hereof, he shall, upon conviction, be 
ined in any sum not exceeding five bun- 
ired (500) dollars or be imprisoned in 
he county jail not exceeding one year, 
ir both, in the discretion of the court. 

Sec. 76. [Stealing or Dbfacinc 
Returns — Penalty] Whoever shall 
I'ilfijly and wrongfully take or carrj' 
.way from the place where it has been 
ieposited for safe keeping, or deface, 
nutilate or change any primkry poll 
■ook, tally sheet or ballot, or any name 
r figure therein, shall, ttpon conviction 

61 



my person 



u 



thereof, be fined in a sum not excee< 
one thousand (1.000) doUare or 
prisoned in the county jail not 
ceeding one year, or both, in the 
crelion of the court. 

Sec. 77. [Falbb Entries. Et 
Penalty.) Any person or member 
board or any pnmary judge, cler] 
other officer wuo is eiulty of stca! 
wilfully and wrongfi3ly breaking, 
stroying, mutilating, defacing, lal: 
ing, or unlawfully moving or secre 
or detaining the whole or any par 
any ballot box, or any record, priu 
poll book, tally sheet, or copy thei 
oath, returns, or any other papei 
document provided for in this Act 
who shall fraudulently make any ei 
erasure or altermtion therein, excep 
allowed and directed by the provis. 
of this Act, or who permits any 01 
person so to do shall, upon convit- 
thereof, be fined in a sum not exceei. 
one thousand (1,000) dollars, or 
prisoned in the county jail not exo 
ing one year, or both, in the disore 
of the court. 

Sec. 78. [Other Violations— F 
Ai.TV.) If any person shall commit 
net prohibited herein or refrain f 
doing any act or duty required tc 



for ^ch office to be voted for t 
elecfron are hereby declared of no 
and no nomination for any such 
made prior to July 1. A. D. 191C 
entitle any person so nominated t 
his name placed upon the ofKcial 
to be voted at said Section. 

Sec. 2. [Political Part? Dei 
The term "political party" as u 
this Act shall mean a political 
which, at the next preceding electi 
Governor polled at least two pe 
of the entire vote cast in the Stat 



) be ii 
foUows: 

(1) The words "senatorial offii 
"senatorial officer," State Simato 
Representatives in the Genera) A 
biy. 

Sec. 4. [Dates of Primaries 

frimary shall be held on the s 
uesday in April in every year e 
the year A. U. 1910, in which y 
primary shall be held on the ISth c 
September, A. D. 1910, in which o 
are to be voted for on the first Tm 
after the first Monday in Noveml 
such year, for the nomination of c 
dates for members of the Genera 
I sembly, and shall be known as the 

! primary : Provided, however, 

II wherever in this Act the term " 

, primary" or equivalent words 

, appear, such term or such words 

1 I 1)6 construed, as to the primary hi 

j I September. A. D. 1910. to refer tt 



\- 



I Sep- 



Sec. S. [Sbnatokial Committbe — 
How Elbctbd.] There shall be con- 
stituted a senatorial committee for each 
senatorial district: Providtd, howevfr, 
that nothing" herein contained shall pre- 
vent ti political party £rom elw^ing or 
apjiointing in accordance with its prac- 
tice any other committees. 

The senatorial committee of each 
political party shall be elected as follows : 

(a) In senatorial districts com- 
prised of three or more counties, the 
senatorial committee shall be composed 
of one member elected from each county 
of such senatorial district. 

At the September primary he' ' 
year A. D. 1910, and at the A 
raary held every two years th 
each primary elector may vot« 
candidate ot his partv residin 
county for members [member] 
senatorial committee of his par 

(b) In senatorial districts <x 
of two counties, the senatori 
mittee shall be composed of thr 
bers. two of whom shall beelec 
the coimty in which suchpoliti< 
at the general election for SI 
county officers then next pte< 
primary polled the larger nu 
votes in such senatori^ distr 
one of whom shall be elected f 
other county of such senatorial 
- At the September primary he 
year A D. 1910. and at the A 
mary held every two years th 
each primary elector, residin 
county in wluch such political ; 
th«^EeneTBl election for State ant 

67 



1 



officere then next preceding a pri( 
polled the larcer number of voti 
such senatorial riisttitt, may voti 
two candidates of his party, rcsidi: 
his county, tor members of the sen at 
committee of his party (and at suet 
mary in the other county of such : 
to rial district, each primary el 
may vote for one candidate of his p: 
residing in his county for member o 
senatorial committee of his party 

(c) Insenatorialdistrictscompos 
one county, and in senatorial disi 
wholly within the territorial limi 
of one county, or partly within 
territorial limits of one countv 
partly within the territorial liniil 
another covmty. the senatorial con 
tee shall be composed of three mc-iv 
elected from such senatorial distrii 

At the September primary held ir 
year A. D. 1910, and at the April 
mary held every two years there:, 
each primary elector may vote (or 1 
candidates of his party, residing in 
senatorial district, for members of 
senatorial committee of his party. 

Within thirty daj^ after its elei- 
liie senatorial committee shall meet 
proceed to organize by electing I 
among its own number a chairman, 
cither from ils own number or oi 
wise. suL-h other officers as said i 
rnillce may deem necessary or e\ 
ient. The oiitRaiiig chairman of 
senatorial commiltee of the party ; 
notify the mcmljera elected of the 
and place (which shall be in the li 
of such senatorial district) of such n 



Sec, 6, tExiBTiNO Party Commit- 
tees RbcOGMIZBD PsTlTiON NUM- 
BER OF Signers ] The various politi- 
cal party committees now in existence 
are hereby reci^nized and shall exer- 
cise the powers and perform the duties 
herein prescribed until committeemen 
are chosen, in accordance with the pro- 
visions of this Act. The name of no 
candidate for nomination or senatorial 
committeeman shall be printed upon 
the primary ballot unless a petition for 



n shall have been filed i: 
behalf as herein provided. 

AH petitions for nomination shall be 
signed as follows: 

(a) If for a senatorial ofGce, by at 
least one-half of one per cent of the 
qualified primary electors of his party 
in his senatorial district. 

(b) If for senatorial committeeman. 
by at least ten of the primary dectors 
of his party of the county where the 
senatorial district is co-extensive with 
one county or is composed of more than 
one county; but in case the senatorial 
district is wholly within the territorial 
limits of one county, or partly within 
the territorial limits of one county and 
partly within the territorial limits of 
another county, then such petition 
shall be signed by at least ten (10) of 
the primary electors of his party ot 
his senatorial district. 

In determining the total numbers 
[number] of names necessary to consti- 
tute a valid petition for a candidate for 
nomination lor a senatorial office as re- 
quired by this section, the test shall be 
one-half of one per cent of the total vote 
cast by his party for Governor in the 




1 



Sec. 7, [Petition- — Filino — ' 
DRAWAL.1 All petitions for no 
tion shall be filed as follows: 

(1) Where the nomination is 
for a senatorial office such petitii 
nomination shall be filed in the ofl 
the Secretary of State, not more 
60 and not less than 30 days prior 
date of the primary. 

(2) The' petitions of candidati 
senatorial conumtt ee men shall be 
in the office of the county clerk not 
than 60 and not less than 30 days 
to the date of the primary. 

(3) The Secretary c^ State ani 
various clerks with whom such peti 
for nomination are filed shall en< 
thereon the day and hour on which 
petition was filed. 

(4) Any person for wham a pel 
for nomination or for senatorial 
mitteemen has been filed may cauB 
name to be withdrawn in writing si 
by him duly acknowledged b«or 
officer qualified to take acknow. 
ments of^deeds and filed in the oS 
the Secretary of State not less tha 
or with the proper clerk not less 

1 2 days prior to the day of the prin 
and no names so withdrawn sha] 
certified by the Secretary of State t» 
county clerk or printed on the prii 
ballot. 

Sec. 8. [Cbrtiucatr to Coi 
Tlekk I Not less than twenty 
days prior to tbe date of the pnn 
the Secretary of State shall certif 



certificate to the county clerk cer 
said county clerk the position whi 
names of candidatesfor senatorial c 

i offices] shaL occupy upon the pr 
)allot with reference to the posit 
candidates for other offices. The i 
of the candidates for senatorial 
tnitteemen shall, under the proper 
ing. be placed on the primary 
immediately after the names of th 
didates for senatorial offices, i 
order in which their petitions wer 
in the office of the county clerk. 

Sec. II. Rhfhesentativbs in 

BKAL ASSBUBLV NUMBER HoW 

BD For.] At least thirty-tbre< 
days prior to the date of the Apr 
mary the senatorial committee ot 
pohtical party shall meet and, by 
• lution fi;c and determine the ni 
of candidates to be nominated by 
party at the primary for Represen 
in the General Assembly, A co 
said resolution duly certified b; 
chairman and attested by the sec: 
of the committee, shall within five 
thereafter be filed in the office ( 
Secretary of State, and in the oii 
the county clerk of each county i 
Senatorial district. 

In all primaries for the nomu 
of candidates for Representatives 
General Assembly each qualified pr 
elector may cast three votes fo 
candidate or ma>» distribute the 
or equal parts thereof among two i 
dates or three candidates as he sb: 
fit. And the said candidate or < 
dates for nomination highest in 
shall he declared nominated fo 



there an persons to be comiDai 
candidates for State Senator i 
senatorial com m i tteeman , or if k 
reason it is impossible to determi 

Sritnary electors' choice of a can 
ir the nomination for State Sen; 
senatorial com mitt eeman. his pi 
ballot shall not be counted for tlit; 
nation for such office or conunitic 

Sec. 13, [Returns of Prim 
Canvass, Cbrtification, Tabula 
Except as herein otherwise e^i 
provided, each, every and all of th 
visions of any Act relating to the 
ing of primary elections by pu 
parties, passed by this extraorJ 
session of the General Assembly 
Acts hereafter pa^ed amendatory i 
of. shall, so far as the same may I 
plicable, apply to and govern pn 
elections held imder the provii^iu 
this Act. The returns of such pn 
shall be made to the county clci 
board of election commissioners, a 
case may be. and shall be canvas^«< 
certified as other returns made U 
county clerk or boaid of election 
misEJ oners, as the cose may be. 
county canvassing board, or the I 
of election commissioners, as the 
may be. shall issue a certificate of 
lion to the requisite number of pe 
of each political party shown t)\ 
returns to he elected members oi 
senatorial committee 

Tabulated statements of the re 
of the primary for the riominaric 
candidates for sen atonal offices 
be made to the Secretary of Stale, 
vassed by the Stale Primary Canvu 
Board, proclamation of the result t 



f'made, and certificates' of nomination 
sued.laa in the catt of other tabulated 
atements of returnB made to the Secre- 
iry of State, and the paint and penaj- 
cs prescribed in the Acts last rderred 
) shall apply to and govern all elections 
eld under this Act. 

Sec. 14, [In DBPBMDBNT Candidates. I 
othing in this Act contained shall be 
mstrued to prevent the nomination of 
dependent candidates by petition , 

i is now or may hereafter be provided 




Approvbd Mari 



I 9. 1910. 




1 



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