of

next, at the house of

in

an

precinct, in the county of election will be held for Governor, 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, three county commissioners, &c., (as the case may require,) which election will be opened at eight o'clock in the morning, and will continue open until six o'clock in the afternoon of the same day. Dated at this day of in the year of our Lord one thousand eight hundred and A. B.,

clerk of the county commissioners' court of

county."

And the said sheriff to whom such notices shall be delivered as aforesaid, shall post up in three of the most public 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 holding any special election.

SEC. 11. If any person appointed to act as a judge of the election as aforesaid, shall neglect or refuse to be sworn or 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 clector or electors, 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 then be present at the place of election; and the justice or justices, 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 commissioners' court.

SEC. 12. Previous to any votes being taken, the judges and clerks of the election shall severally take an oath or aflirmation, in the following form, to-wit: "I, A. B., do solemnly swear, (or affirm, as the case may be,) that I will perform the duties of judge, (or clerk, as the case may be,) according to law and the best of my ability; that I will studiously endeavor to prevent fraud, deceit and abuse, in conducting the same.”

SEC. 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 aflirmations to each other, and to the clerks of the election; and the person administering such oaths or affirmations, shall cause an entry thereof to be made and subscribed by him, and prefixed to the pollbooks.

SEC. 14. At all elections to be held under this chapter, the polls shall be opened at the hour of eight 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 if 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 election, 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 shall deem it necessary, for the purpose of receiving the votes of all the electors wishing to vote, postpone the closing of the polls until twelve o'clock 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 before the closing of the polls, proclamation shall be made in like manner that the polls will be closed in half an hour.

SEC. 15. Electors shall vote, by first announcing their own names to the judges and clerks of the election, and then the names of the persons for whom they wish to vote; and the clerk shall enter their names and votes accordingly: Provided, That a voter may vote by presenting an open ticket to the judges, containing the names of the persons for whom he votes, and the offices; and the said judges shall read the same to the voter, and the clerks, with the assent of the voter, set the same down in their books, as in other cases.

SEC. 16. It shall be lawful for any elector to vote for Governor, Lieutenant Governor and electors of President and Vice President of the United States, at any place of holding an election within this State; for representative to Congress, at any place of holding an election within the congressional district in which such elector resides; for senator and representatives to the General Assembly, at any place of holding an election within the senatorial or representative district in which he resides; for sheriff, coroner and county commissioners, at any place of holding an election in the county in which he resides: But for justices of the peace and constables, he shall not vote out of the precinct in which he resides.

SEC. 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 hundred 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 offence may have been committed.

SEC. 18. At any and all elections held in this State, all white male inhabitants above the age of twenty-one years, and having resided in the State six months next preceding such election, shall enjoy the right of an elector, whether such elector has been naturalized or not: Provided, That when any such person shall present himself to give his vote, and either of the judges shall suspect that such person does not possess the aforesaid qualification of age and residence, or either, or if his vote shall be challenged by any elector who has previously voted at such election, the judges of the election shall tender to such person the oath or affirmation in the following form: "I, A. B., do solemnly swear, (or affirm, as the case may be,) that I am a resident of the county of , in the State of Illinois, that I have resided in this State for the period of six months immediately preceding this election, that I have, to the best of my knowledge and belief, attained to the age of twentyone years, and that I have not voted at this election."

SEC. 19. If any person so offering his vote at such election, shall take such oath or affirmation, or shall offer to take such oath or affirmation, as prescribed in the preceding 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 affirmation as is before named, knowing such oath or affirmation to be false, he shall be deemed guilty of wilful and corrupt perjury, and punished accordingly.

SEC. 20. If any person shall vote at any election, who is not a qualified voter, he shall forfeit and pay any sum not exceeding fifty dollars, nor less than twentyfive, to be recovered in the same manner as other penalties under this chapter.

SEC. 21. For the preservation of order, as well as the security of the judges and clerks of the election from insult and abuse, it shall be the duty of any constable or constables 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 exceeding twenty dollars, on any person or persons who shall conduct in a disorderly and riotous manner, and persist in such conduct after having been warned of its consequences; and on refusal to pay the same, to commit him or them to the common jail of the county, for any time, not exceeding 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.

SEC. 22. The county commissioners' court in each county, 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 sufficient number of citizens to suppress any riot or other disorderly conduct during said election, and there shall be paid to said constable out of the county treasury, a sum not exceeding one dollar a day for said services.

SEC. 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 full length, the office for which such person received such 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 will admit, in the following form, towit: "At an election held at the house of precinct, in the county of and State of Illinois, on the

day of

in

in the year of our Lord one thousand eight hundred and the following named persons received the number of votes annexed to their respective names, for the following described offices, to-wit: A B had fifty-three votes for Governor.

CD had fifty-one votes for Governor.

EF had sixty-two votes for Lieutenant Governor.

G H had sixty votes for Lieutenant Governor.

I K had eighty votes for representative in Congress.
L M had seventy-three votes for senator.

NO had sixty-five votes for representative.
PQ had fifty-nine votes for representative.

RS had fifty-seven votes for sheriff.

TU had twenty-two votes for coroner.

V W had thirty votes for county commissioner;

(and in the same manner for any other persons or officers, voted for.)

"Certified by us,

SEC. 24. The judges of the election shall then inclose and seal one of the poll books, under cover, directed to the clerk of the county commissioners' court of the

county in which such election is held; and the packet thus sealed, shall be conveyed by one of the judges or clerks of the election, to be determined by lot if they can not otherwise agree, and delivered to the said clerk of the county commissioners' court at his office, within four days from the close of the polls; and the other poll book shall be deposited with one of the judges of the election, to be determined as aforesaid; and the poll book shall be subject to the inspection of any elector who may wish to examine it. And if any judge or clerk of an election, after having been deputed by the judges of the election at which he shall have served as judge or clerk, to carry the poll book of such election to the clerk of the county commissioners' court of the county, shall fail or neglect to deliver such poll book to the said clerk within the time prescribed by law, safe, with the seal unbroken, he shall, for every such offence, forfeit and pay the sum of five hundred dollars for the use of the county, to be recovered in the name of the commissioners of the county, by an action of debt in the circuit court.

SEC. 25. On the seventh day after the close of the election, or sooner, if all the returns be received, the clerk 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 Lieutenant 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 representatives to the General Assembly shall be on another sheet, and the abstract of votes for county officers shall be on another sheet; or if the election shall have been holden for Presidential electors, the abstract of votes shall be on one sheet; and it shall be the duty of the said clerk of the county commissioners' court, immediately to make out a certificate of election to each of the persons having the highest number of votes for senator and representatives to the General Assembly, and county officers, respectively, and to deliver such certificate to the person entitled to it, on his making application for that purpose to the clerk at his office.

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

SEC. 27. It shall be the duty of the clerk of the county 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 commissioners' court of the county; and the said court shall order the compensation aforesaid to be paid out of the county treasury.

SEC. 28. If the requisite number of senators or representatives, or county officers, shall not be elected by reason of 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 duty it is to compare the polls, shall give notice to the several persons so having the highest and an equal number of votes, to attend at the office of 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 clerk or clerks shall make out and deliver to the person thus declared duly elected, a certificate of his election as herein before provided.

SEC. 29. The clerk of the county commissioners' court, immediately after making out abstracts of votes given in his county, shall make a copy of each of said abstracts, and transmit it by mail to the office of the secretary of State; the abstract of votes for Governor and Lieutenant Governor being addressed to the speaker of the house of representatives, 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 deliver all such abstracts of votes for Governor and Lieutenant Governor, or for either of them, to the speaker of the house of representatives.

SEC. 30. The secretary of State, auditor, treasurer and attorney general, or any two of them, in the presence of the Governor, shall proceed, within fifty days after the election, and sooner if all the returns be received, to canvass the votes 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 persons. In case there shall 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.

SEC. 31. If the returns of the election of any county in this State, shall not be received at the office of the secretary of State, within thirty days after the day of election, the said secretary shall forthwith send a messenger to the clerk of the county commissioners' court of such county, whose duty it shall be to furnish the said messenger with a copy of such returns; 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.