HOUSE BILL NO. 59. An Act to amend Sections 1354, 1357, 1358, 1359 and 1361 of Chapter 9, of Article II, of Title 2, of Part 3, of the Political Code of the State of Montana, Relating to Ballots and Voting, and Providing Further Protection for the Voter while Preparing his Ballot and Casting the Same. Be it enacted by the Legislative Assembly of the State of Montana: That Section 1354 of Chapter 9 of Article II of Title 2 of Part 3 of the Political Code of the State of Montana be amended to read as follows: Section 1354. Ballots prepared under the provisions of this chapter must be white in color and of a good quality of printed paper, and the names must be printed thereon in black ink. The ballots used in any one county must be uniform in size, and every ballot must contain the names of every candidate whose nomination for any special office specified in the ballot has been certified or filed according to the provisions of this title, and no other names. The list of candidates of the several parties shall be placed in separate columns on the ballot, in such order as the authorities charged with the printing of the ballots shall decide. As near as possible the ballot shall be in the following form: Democratic. For Governor. ( ) · Joseph K. Toole. () George M. Hays. Republican. () John E. Rickards. For Sec. of State. Labor Party. For Governor. () J. A. Ferguson. For Lieut. Governor. () Frank G. Higgins. For Sec. of State. () and containing in like manner as to all candidates such election. George M. Hays. to be voted for at Every ballot must also contain the name of the party or principle which the candidates represent, as contained in the certificates of nomination. Below the names of candidates for each office there must be left a blank space large enough to contain as many written names of candidates as there are persons to be elected. There must be a margin on each side of at least half an inch in width, and a reasonable space between the names printed thereon, so that the voter may clearly indicate, in the way hereinafter provided, the candidate or candidates for whom he wishes to cast his ballot. Whenever the Secretary of State has duly certified to the county cler any question to be submitted to the vote of the people, the county clerk must print in the regular ballot, in such form as will enable the electors to vote upon the question so presented in the manner in this title provided. The county clerk must also prepare the necessary ballots whenever any question is required by law to be submitted to the electors of any locality, and any of the electors of the state generally, except that as to all questions submitted to the electors of a municipal corporation alone, the city clerk must prépare the necessary ballots. That Section 1357 of Chapter 9, of Article II, of Title 2, of Part 3, of the Political Code of the State of Montana, be amended [so as] to read as follows: Section 1357. All officers upon whom is imposed by law the duty of designating the polling places, must provide in each polling place designated by them, a sufficient number of places, booths or compartments, each booth or compartment to be furnished with a door or curtain sufficient in `character to screen the voter from observation, and must be furnished with such supplies and canveniences as shall enable the elector to prepare his ballot for voting, and in which electors must mark their ballots, screened from observation, and a guard rail so constructed that only persons within such rail can approach within ten feet of the ballot boxes, or the places, booths or compartments herein provided for. The number of such places, booths or compartments must not be less than one for every fifty electors, or fraction thereof, registered in the precinct. In precincts containing less than twenty-five registered voters, the election may be conducted under the provisions of this chapter without the preparation of such booths or compartments, as required by this section. That Section 1358, of Chapter 9, of Article II, of Title 2, of Part 3 of the Political Code of the State of Montana, be amended [so as] to read as follows: Section 1358. No person other than electors engaged in receiving, preparing or depositing their ballots, or a person present for the purpose of challenging the vote of an elector about to cast his ballot, is permitted to be within said rail; and in cases of small precincts where places, booths or compartments are not required, no person engaged in preparing his ballot shall, in any way, be interfered with by any person, unless it be some one authorized by the provisions of this chapter, to assist him in preparing his ballot; nor shall any officer of election do any electioneering on election day. No person whatsoever, shall do any electioneering on election day, within any polling place, or any building in which an election is being held, or within twentyfive feet thereof; said space of twenty-five feet to be protected by ropes and kept free of trespassers; nor shall any person obstruct the doors or entries thereto, or prevent free ingress to an [and] egress from said building. Any election officer, sheriff, constable or other peace officer is hereby authorized and empowered, and it is hereby made his duty, to clear the passage way, and prevent such obstruction, and to arrest any person so doing. No person shall remove any ballot from the polling place before the closing of the polls. No person shall show his ballot after it is marked, to any person, in such a way as to reveal the contents thereof, or the name of the candidate or candidates for whom he has marked his vote; nor shall any person solicit the elector to show the same; nor shall any person, except the judge of election, receive from any elector a ballot prepared for voting. No elector shall receive a ballot from any other person than one of the judges of election having charge of the ballots; nor shall any person other than such judge of election, deliver a ballot to such elector. No elector shall vote, or offer to vote, any ballot except such as he has received from the judges of election having charge of the ballots. No elector shall place any mark upon his ballot by which it may afterwards be identified as the one voted by him. Every elector who does not vote a ballot delivered to him by the judges of election having charge of the ballots, shall, before leaving the polling place, return such ballot to such judges. That Section 1359 of Chapter 9, of Article II, of Title 2, of Part 3, of the Political Code of the State of Montana, be amended [so as] to read as follows: Section 1359. The expense of providing such places or compartments, ropes and guard rails is a public charge, and must be provided for in the same manner as the other election expenses. That Section 1361 of Chapter 9, of Article II, of Title 2, of Part 3, of the Political Code of the State of Montana, be amended [so as] to read as follows: Section 1361. On receipt of his ballot the elector must forthwith, without leaving the polling place, and within the guarded rail provided, and alone, retire to one of the places, booths or compartments, if such are provided, and prepare his ballot. He shall prepare his ballot by marking an "X" before the name of the person or persons for whom he intends to vote. In case of a ballot containing a constitutional amendment, or other question to be submitted to the vote of the people, by marking an "X" opposite the answer of the question, or amendment, submitted. The elector may write in the blank spaces, or paste over any other name, the name of any person for whom he wishes to vote. No elector is at liberty to use or bring into the polling place any unofficial sample ballot. After preparing his ballot the elector must fold it so the face of the ballot will be concealed and so that the endorsements stamped thereon may be seen. He must then vote forthwith, and before leaving the polling place. Amend Section 1364 of the Political Code relating to ballots and voting so that the same shall read as follows: Section 1364. Any elector who declares to the judges of election, or when it appears to the judges of election that he cannot read or write or that because of blindness or other physical disability he is unable to mark his ballot, but for no other cause, must upon request receive the assistance of two of the judges, who shall represent different parties, in the marking thereof, and such judges must certify on the outside thereof that it was so marked with their assistance, and must thereafter give no information regarding the same. The judges must require such declaration of disability to be made by the elector under oath before them, and they are hereby authorized to administer the same. No elector other than one who may, because of his inability to read or write or of his blindness or physical disability, be unable to mark his ballot, must divulge to any one within the polling place the name of any candidate for whom he intends to vote, or ask, or receive the assistance of any person within the polling place in the preparation of his ballot. All acts and parts of acts in conflict herewith are hereby repealed. This act shall be in full force and effect from and after its passage and approval by the Governor. Approved March 7. 1901. HOUSE BILL NO. 177. An Act to Amend Sections 1737, 1742 and 1910 Of The Political Code Of The State Of Montana Relating to Public Schools; Also Section 1756, Subdivision 15 Of Section 1797, And Sub-Division 3 Of Section 1830, Relating To Public Schools, As Said Sections Are Now In Force After Amendment By Act Of The Fifth Legislative Assembly, Approved March, 1897; All Of The Foregoing Sections Being Contained In Part 3; Title 3, Chapter 6, Of The Political Code. Be it enacted by the Legislative Assembly of the State of Montana: Section 1. That Section 1737 of the Political Code be amended by adding thereto the following: Provided, that school trustees shall have the authority to issue warrants in anticipation of school moneys which have been levied but not collected, for the payment of current expenses of schools, but such warrants shall not be drawn in any amount in excess of the sum already levied. So that said Section as amended will read as follows: Section 1737. The County Superintendent shall apportion all school moneys to the school districts in accordance with the provisions of this title quarterly, and he may make apportionments at such other time. as may be required or deemed necessary for the convenience of school officers. He shall certify to the several district clerks and County Treasurers the amount so apportioned to the several districts, and the trustees shall draw their warrants on the county treasurer in favor of persons entitled to receive the same. Such warrant shall show for what purpose the money is required, and no such warrant shall be drawn unless there is money in the Treasury to the credit of such district. Provided, that school trustees shall have the authority to issue warrants in anticipation of school moneys which have been levied but not collected, for the payment of current expenses of schools, but such warrants shall not be drawn in any amount in excess of the sum already levied. Section 2. That Section 1742 of the Political Code be amended by adding thereto the following: County Superintendents in counties of the seventh and eighth classes shall be allowed their actual, necessary expenses when engaged in visiting schools in their counties. Such expenses shall be paid in the |