as ballot clerks whose duty it shall be to deliver ballots to qualified electors. Before delivering a ballot to any elector the judge acting as ballot clerk, shall print on its back and near the top of the ballot with the rubber or other stamp provided for the purpose the designation, "Official Ballot" and other words on said stamp as provided in this act.

$25. BALLOTS TO BE PREPARED-HOW.] On receipt of his ballot the elector shall forthwith and without leaving the polling place retire alone to one of the booths provided, to prepare his ballot. He shall prepare his bailot by marking a cross or X before the name of each person for whom he intends to vote. After preparing his ballot the elector shall fold it so that the face of the ballot will be concealed and so that the official stamp thereon can be seen. He shall then forthwith, and before leaving the polling place, deliver the same to the judges of election who shall immediately in his presence deposit the same in the ballot box.

§ 26. QUESTIONS-HOW SUBMITTED TO THE PEOPLE.] Whenever a proposed constitutional amendment or other ques-* tion is to be submitted to the people of the state for adoption or rejection, the secretary of state shall duly and in not less than thirty (30) days before election, certify the same to the auditor of each county in the state, and the auditor of each county shall include the same in the publication provided for in Section 10 of this act. Questions to be submitted to the people of a county or municipality shall be advertised as provided for nominees for office by said election.

or

§ 27. AMENDMENTS TO THE CONSTITUTION AND OTHER QUESTIONS—HOW VOTED UPON.] That whenever a proposed amendment to the constitution or other questions are submitted to the people, the proposed amendment or questions shall be printed upon the ballot, followed by the words: "Shall the above amendment to the constitution in relation to... questions be approved and ratified?" immediately to the left of which shall be printed the words "Yes" and "No" each preceded by a square in which the elector can place a cross to indicate his vote. Electors desiring to vote "Yes" will place a cross before the word "Yes" and those desiring to vote "No," will place a cross before the word "No."

§ 28. Any elector who by reason of blindness or other physical disability, but for no other cause is unable to mark his ballot as required by law, shall receive the assistance of two of the judges of such election, belonging to two different political parties if two political parties are represented upon such board by making application therefor, and subscribing to the following oath, setting forth the nature of the disability and which oath shall be in the following form and shall be upon blanks furnished by the county auditor, all of which oaths so subscribed

shall be preserved by said judges and returned by them to the county auditor, and shall become a part of the permanent record of such auditor's office.

Form of oath. I.....

being first duly sworn depose and say that I am a legal voter of.. ... precinct.......county and that I am unable to properly mark my ballot by reason of the following physical disability:..

(Signed)......

§ 29. Any elector who shall falsely make any such affidavit as above required, or who shall swear to any facts not true in such affidavit shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum of not less than ten dollars ($10) nor more than one hundred dollars ($100) or shall be confined in the county jail for a period not exceeding six (6) months, or both such fine and imprisonment in the discretion of the court.

§ 30. It is hereby made the duty of the judge of election administering such oath to first read the same aloud to such elector, together with the foregoing penalty, and for the pur poses of carrying out the provisions of this section the above penalty shall be printed upon the blanks provided by the auditor for taking such oaths. Such judges shall thereafter give no information regarding the manner in which any such ballot is marked.

§ 31. BALLOT MUST BE STAMPED.] No judge of election shall deposit in any ballot box any ballot upon which the official stamp as herein before provided for does not appear. Every person violating the provisions of this section shall be guilty of a misdemeanor.

$ 32. CHALLENGING VOTES.] When any person shall make application for ballots, his right to vote at that poll and election may be challenged, and such proceedings shall thereupon be had before the judges of election as the law now prescribes in case of challenge. Any person may also be challenged as now provided by law, when he shall offer his ballot to the ballot clerk or the judge of election. A reasonable number of challengers, representing each political party, shall be permitted just outside the guard-rail, where they can plainly see what is done within the polling place except at the voting shelves or within the compartments. The said polling place shall be so arranged that every part thereof except the voting shelves or the inside of the compartments may be in full view of said challengers. The person voting shall mark and deposit without delay, and shall quit the said enclosed space as soon as he has voted. No voter shall be allowed to occupy a voting shelf or compartment already occupied by another, nor to remain within said enclosed space for more than ten (10) minutes. Nor shall he occupy a voting shelf or compartment for more than five (5)

minutes.

No voter, other than an election officer, whose name has been checked on the list of the ballot officers, shall be allowed to re-enter said enclosed space during said election. It shall be the duty of the presiding election officer, for the time being, to secure the provisions of this section.

§ 33. UNUSED AND CANCELLED BALLOTS TO BE RETURNED TO COUNTY AUDITOR.] If any voter spoils a ballot he may obtain another ballot, and so on successively, not to exceed three (3) ballots in all, upon returning to the ballot clerk the spoiled ballot. In obtaining a ballot to replace a spoiled one, the name of the voter shall be given and the number of the ballot so spoiled, which number shall be noted opposite his name as "spoiled." The ballots thus returned shall be forthwith cancelled by writing the word "cancelled" across the face of the ballot; and the same, together with the ballots not distributed to voters, also the record of ballots delivered to voters by the ballot clerks, shall be secured in a package, sealed and on the day after election sent to the county auditor or other public of ficer, or boards from whom such ballots were received. The ballot clerks shall also at the same time file with the county auditor of their respective counties, or with such other public officers or boards by whom such ballots were prepared, a statement in writing showing the number of ballots voted, the number of spoiled ballots and the number of ballots [not] delivered to voters. Any ballot clerk who shall fail to thus account fully and particularly for all official ballots placed in his charge shall be guilty of a misdemeanor. The county auditor or other public officer by whom the ballots were furnished shall on receipt of the unused, defective or spoiled ballots, and the statement, as before mentioned in this section, shall carefully compare the same with the record in his office of the number of ballots sent to such election precinct, district, town or ward; if the same are not accounted for in the statement before mentioned, he shall at once notify the person sending the same, who shall, with such county auditor or other public officer as aforesaid, recount the unused, defective and spoiled ballots and correct, if possible, such errors if any there be in such count or statement.

§ 34. INSTRUCTIONS TO VOTERS.] The county auditor of each county shall cause to be printed, in large type on cards in the English language, and such other languages as may be deemed necessary, instructions for the guidance of electors in preparing their ballots. He shall furnish six such cards to the judges of election in each election precinct, and one additional card for each fifty (50) electors or fractional part thereof in the precinct, at the same time and in the same manner as the printed ballots. The judges of election shall post no less than one of such cards in each place or compartment provided for the

preparation of ballots, and not less than three of such cards elsewhere in and about the polling places upon the day of election. Said cards shall be printed in large, clear type, and shall contain full instructions to the voters as to what should be done, viz: First, to obtain the ballots for voting; second, to prepare the ballots for deposit in the ballot boxes; third, to obtain a new ballot in place of one spoiled by accident or mistake. Said card shall also contain a copy of Sections ....

... of this

act. There shall also be posted in each of the apartments or booths one of the official tickets without the official stamp herein before provided for, and not less than three such tickets posted elsewhere in and about the polling places upon the day of election.

$35. BALLOTS VOID-WHEN.] In the canvass of the vote any ballot which is not endorsed as provided in this act, by the official stamp, shall be void and shall not be counted, and any ballot or parts of a ballot from which it is impossible to determine the elector's choice shall be void and shall not be counted; Provided, that when the X marks on a ballot are sufficiently plain to gather therefrom a part of the voter's intention, that it shall be the duty of the judges of election to count such part.

§ 36. CHANGE IN ANY MANNER OF CERTIFICATE OF NOMINATION DEEMED FELONY.] No person shall falsely make, or make oath to, or fraudulently deface, or fraudulently destroy, any certificate of nomination or any part thereof, or file, or receive for filing, any certificate of nomination, knowing the same or any part thereof to be falsely made, or suppress any certificate of nomination which has been duly filed, or any part thereof, or forge or falsely make the official endorsement on any ballot. Every person violating any of the provisions of this section shall be deemed guilty of a felony, and on conviction thereof in any court of competent jurisdiction shall be punished by imprisonment in the penitentiary for a period not less than one year nor more than five years.

$37. WILLFUL VIOLATION OF LAW-HOW PUNISHED.] No person shall during the election, remove or destroy any of the supplies or other conveniences placed in the booths or compartments for the purpose of enabling the voter to prepare his · ballot, or prior to, or on the day of election, willfully deface or destroy any list of candidates posted in accordance with the provisions of this act. No person, shall, during an election, tear down or deface the cards printed for the instruction of the voters. Every person willfully violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction shall be fined in any sum not less than two hundred dollars.

$ 38. WILLFUL NEGLECT OF DUTY-HOW PUNISHED.] Every public officer upon whom any duty is imposed by this act,

who shall willfully perform any act or thing herein prohibited, or neglect to perform any duty as imposed upon him by the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall forfeit his office and shall be punished by imprisonment in the county jail for a term of not less than one month nor more than six months, or by a fine of not less than fifty dollars nor more than five hundred dollars, or both such fine and imprisonment.

$39. ELECTIONEERING PROHIBITED.] No officer of election shall 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 fifty feet thereof, nor obstruct the doors or entries thereto, or prevent free ingress to 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 passageways 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 a 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 judges 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 person shall make a false statement as to his inability to mark his ballot. 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. Whoever shall violate any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction, shall be fined in any sum not exceeding two hundred dollars ($200.00) and adjudged to pay the costs of prosecution, and shall stand committed to the county jail until such fine and costs are paid, not exceeding sixty days.

§ 40. EMPLOYES MAY ATTEND ELECTIONS.] Any person entitled to vote at any election held within this state, shall on the day of such election, be entitled to absent himself from any service or employment in which he is then engaged or employed, for a period of two (2) hours between the time of opening and the time of closing the polls, and such voter shall not because of so