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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
\ 'i
•/
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.
Al3
J
I
♦. '•
TH E.N FW YORK
n
iK)
^^ouEe^^::^
. jj
/
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
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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.
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