The Voting The names and resi dences of voters are recorded in the pollbook in numerical order as they enter the polling places, after which the election official gives the voter a ballot usually corresponding in num ber with his number in the pollbook, though the courts have decided that, where a State constitution requires that popular elections shall be by secret ballot, any statute requiring the numbering of ballots with figures correspond ing with the figures placed opposite the voter's name on the poll list is unconstitutional and void, since it utterly destroys the secrecy of the ballot. The voter then retires to the booths provided so that the ballot may be marked secretly, but should he be unable to read or write or be physically incapacitated he may request assistance from one of the election offi cials. All members of the election board (but no one else) may witness the preparation of the ballot of such voter, but must not reveal the name of the person for whom the elector has voted. After marking the ballot the voter folds it so that the contents may not be seen and hands it to the designated election officer, who deposits it in the ballot box, which is kept locked, the key being in the custody of the chairman of the board; this completes the proc ess and a clerk records in the pollbook the fact that the elector has duly voted. Should a ballot be mutilated, the elector may obtain a perfect one from the election officers on sur rendering the defective one. Legislatures may prescribe official ballots and prohibit the use of any other, they may also provide for printing on the ballots the names of regularly nominated candidates or of independent candidates, pro vided in so doing they do not violate the voter's constitutional right to vote for the per son of his choice. No legislature is empowered to restrict electors in their choice of candidates or to prohibit them from voting for others than those whose names are on the ballots. Nominations entitle nominees to places on the official ballot, printed at public expense but the voter may write or paste on his bal lot the names of eligible candidates (whether nominated or not by any convention, printed thereon, and this right is generally recog nized since blank spaces next to the printed names are left for such writing or pasting. The right of an elector to vote may be chal lenged if his qualifications appear to be de fective or if he be suspected of some fraudulent practice. An oath or affirmation is then admin istered to the challenged elector under which he swears truthfully to answer all questions respecting his qualifications, but if the elector refuse to be sworn and examined he loses the right to vote. If the answers to these quet tions seem to establish the elector's right to vote and the challenge be withdrawn, the elector, again under oath, must declare that he possesses all the legal requirements. He may then vote but the act of voting, after taking the oath, renders him liable to cnminal prosecu tion if his declarations be proven false.
The Ballot. See BALLOT.
Voting Machines. See VOTING MACHINES.
Counting the Vote. Usually the polls are open from early in the morning until, a desig nated hour at night, after which no more voters are admitted, Immediately after the last bal lot has been deposited the counting begins (sometimes publicly, sometimes in a private room), the details being recorded on the official and standard tally sheets with which each poll ing place has been furnished. The chairman
unlocks the box, extracts the ballots, one by one, opens each and announces the c.andidate for whom the elector has voted. If mutilated or illegally marked by the voter the ballot may be rejected; though ballots should not be re jected because of tearing or of slight irregulari ties in marking unless such mark or mutilation appear to have been made for corrupt purposes; all rejected ballots are set aside and returned with the valid ballots so that, in case of a con test, the proper judicial authorities may ex amine them. All valid ballots are recorded by the clerks as announced by the chairman and are then filed in the form required by law. The clerks keep two or more independent tally sheets which are totalled at the end of the counting and the results officially announced. The pollbooks and the tally sheets (properly authenticated by the election officials of the dis trict) are then sealed and turned over to some designated official, such as the county clerk or in larger cities to a special board. The ballots are locked and sealed in the ballot boxes which are then delivered to the proper authorities, in some cities, as New Yorlc, to the police who preserve them for a stipulated period so that a recount may be made in case of a contested election. After the tally sheets have reached the election board or other designated official, such as the county clerk, they are reviewed to ensure absolute correctness and the results are officially published. In State elections, county or municipal results are usually dispatched to the secretary of state who reviews them with the aid of a State board of canvassers. In some States the individual voting districts send their returns direct to the secretary of state; in other States these returns are sent to the pre siding officers of the two branches of the legis lature and are opened and canvassed in their presence. In other States the returning boards consist of certain specially designated officers. It is the duty of the canvassers to issue a cer tificate of election to the person whom the face of the returns indicates to have been elected. Should a candidate (who may or may not have been present at the count of the ballots) be, lieve he has been defeated by fraud, illegal voting or incorrect counting, he may file a con test notice with the court having jurisdiction, which not only may order a recount but may also enforce its judgment as against the con clusion of the election official. Unless a specific grant of power be made in the State constitu tion or by the legislature in conformity with constitutional provisions, the duties of county and State canvassing boards are wholly minis terial; they are not empowered to ,go behind the returns, to decide upon the legality of the votes cast nor to throw out the votes of a pre cinct or district in which fraud is alleged.
Duty to Accept Office. Under the com mon law every citizen, in peace as well as in war, owes his services to the State when re quired; hence, after having been regularly elected and duly appointed, persons may be compelled to take the oath and qualify them selves as public officers under pain of indict ment or any pecuniary penalty; the only de fenses are illegal election or appointment, legal disqualification to hold the office or proof that the office is incompatible.
Contested Elections. See ELEcnords, CON TESTED.
Federal Control of Elections. See ELEC