Chap. 700.—An ACT to amend and re-enact an act entitled an act to provide
for a method of voting by ballot, approved March 6, 1894.

Approved March 4, 1896.

1. Be it enacted by the general assembly of Virginia, That an act
entitled an act to provide for a method of voting by ballot, approved
March sixth, eighteen hundred and ninety-four, be amended and re-
enacted so as to read as followe:
2. That every elector shall vote by ballot.

3. Each person offering to vote shall deliver a single ballot to one
of the judges of election in the presence of at least one of the other
two judges.

4. The ballot shall be a white paper ticket, containing the names
of the persons who have complied with the provisions of this act as
hereinafter provided, and the title of the office printed or written as
hereinafter provided. None other shall be a legal ballot except as
hereinafter provided.

5. Any person who intends to be a candidate for any office, state
or national, to be elected by the electors of the state at large or of a
congressional district shall at least twenty days before such election
notify the secretary of the commonwealth in writing, attested by two
witnesses, of such intention, designating the office for which he is a
candidate. Such written notice shall be signed by the said candi-
date, but if he be incapable of writing his proper signature, then
some mark adopted by him as his signature shall be acknowledged
before a justice of the peace ar other officer authorized to take ac-
knowledgments to deeds and in the same manner. Any person who
intends to be a candidate for any office not embraced in the fore-
going at any election shall give notice at least twenty days before
such election to the clerk or clerks of the county or hustings courts
of the various county or counties or the city or cities whose electors
vote for the candidate for such office. No person not announcing
his candidacy as provided for above shall have his name printed on
the ballots provided for such election. On receipt of the fore-
going notice it shall be the duty of the secretary of the common-
wealth or the said clerk or clerks to immediately notify the secretary
of each electoral board of each county or city of the state or of eaid
congressional district.

6. It shall be the duty of the electoral boards of the several counties
and cities within the state, within ten days preceding each election, to
cause to be printed a number of ballots equal to twice the entire
registered vote of the said county or city: provided, however, that
in a magisterial district or wards of a city only the names of the
candidates to be voted for in said district or ward shall be placed on
said ballots. These ballots shall contain the names of all candi-
dates complying with the provisions as above required, printed in
black ink, immediately below the office for which they have so an-
nounced their candidacy, and the names on said ballot shall be
printed in the same order and each name in separate line, and the
type used in printing said ballots shall be plain Roman type not
smaller than the type known as pica.

7. The printer with whom the board shall contract for the print-
ing of the said ballots shall, before the work is commenced, take an
oath before the secretary of said board, who is hereby empowered to
administer said oath, to the following effect: I, — , solemnly
swear that I will print (here insert number) ballots according to the
instruction of the electoral board of the county (or city) of
that I will print and permit to be printed, directly or indirectly, no
more than the above number; that I will at once destroy all imper-

fect and perfect impressions other than those required to be deliv-
ered to the electoral board; that as soon as said number of ballots is
printed I will distribute the type used for said work; and, finally,
that I will not communicate to any one whomsoever, in any manner
whatsoever, the size, style, or contents of said ballots.

This oath shall be reduced to writing and signed by the person
taking it, and also a similar affidavit shall be required of any em-
ployee or other person engaged upon said work, or who shall have
access to it; and any intentional violation of said oath shall consti-
tute the crime of perjury. It shall be the duty of said board to
designate one of their number to be continuously present in the room
in which the said ballots are printed from the commencement until
the end of said work, and see that the undertakings of said*oath are
strictly complied with. For the faithful discharge of said duty he
shall receive the compensation of two dollars. As soon as said bal-
lots are printed they shall be securely wrapped and sealed, and such
member of the electoral board shall take them into his exclusive
possession, allowing no one to examine them; nor shall such mem-
ber communicate to any one any information as to the size, style, or
contents of said ballots. He shall continue in such exclusive pos-
session until he delivers said ballots to the electoral board as here-
inafter provided. Any violation of the provision of this section, for
which no punishment has been otherwise provided, shall be deemed
® misdemeanor and punished by a fine of two hundred dollars and
imprisonment for one month in jail.

8. And in elections for president and vice-president of the United
States the names of electors selected by the different political parties,
together with the names of the candidates for whom they are ex-
pected to vote in the electoral college, shall be furnished to the sec-
retary of the commonwealth by any person or persons representing
said parties at least thirty days before any election for the said
electors of president and vice-president of the United States, and
thereupon it shall be the duty of the secretary of the commonwealth
to immediately notify the secretary of each electoral board of each
county or city of the state; and it shall then become the duty of
the electoral boards of the several counties and cities within the
state, within twenty days preceeding such election, to cause to be
printed on the official ballot provided for in this act the name of
each candidate for president and vice-president, and group under the
names of the candidates for president and vice-president of each
political party the names of the electors nominated by the political
party of such candidates; and the qualified voters at said election
shall designate their preference for any candidates for president and
vice-president by scratching the names of the other candidates for
president and vice-president, as is provided in section twelve of this
act, and the ballots shall be counted as they would be counted if the
names of the electors had been scratched.

9. It shall be the duty of the electoral board, as soon as possible
after the passage of this act, to procure and adopt a seal, which may
be changed from time to time in the discretion of said board, which
said seal shall not be less than two inches in diameter. Said board
shall meet as soon as convenient after the printing of the ballots as
provided in the preceding section, of which meeting the judge of the
county or corporation court shall be notified, and at which there
shall be present the said judge and the members of the said board,
but no other persons. And said judge shall thereupon enter of re-
cord upon the minutes of the electoral board an affidavit stating
that said ballots were counted and sealed in his presence in the
manner prescribed by law. And in the event of the inability,
through sickness or other incapacity, of the said judge to discharge
any of the duties imposed by this act, it shall be lawful for the said
duties to be performed by the judge of some other county or co
ration. At this meeting the member of the board who shall have
secured from the printer the ballots as required by section six shall
deliver said ballots to said board. The ballots shall then be care-
fully counted by said boards and the number thereof entered by the
secretary of the board in a book provided by him and kept for such
purpose. The board shall affix it seal to every ballot printed as
above provided upon the side reverse from that upon which the
names of the candidates appear. Of the said ballots they shall
make as many packages as there are voting precincts in said county
or city, one for each precinct, which package shall contain twice as
mapy Official ballots as there are voters registered at the precinct
for which it is intended. Each of these packages shall be securely
sealed so that the ballots shall be invisible, and so that they could
not be readily opened without detection. Upon each of said pack-
ages shall be endorsed the name of the precinct for which it is in-
tended, and the number of ballots therein contained. The packages
designed for the various precincts shall remain in the exclusive
possession of the secretary of the board until delivered by him to
the judges or one of the judges of elections of the several precincts
as hereinafter provided. The secretary of said electoral board shall
keep in his sole custody the seal or stamp of said board and ina
sealed package, to be opened only in the presence of the electoral
board and the judge of the county or corporation court when in the
discharge of their duties as prescribed in this section.

10. Before every election the secretary of the electoral board shall
deliver to the judges, or one of the judges of election, the package of
official ballots for that precinct, taking a receipt therefor and a cer-
tificate that the seals appeared to be untampered with. And in the
event of the inability by sickness or other incapacity of said secre-
tary to deliver said official ballots as herein provided, the said elec-
toral board or the said secretary may cause them to be delivered by
another member of said board. Said sealed package, at the opening
of the poll, shall be opened in the presence of the clerks and judges
of elections, and the ballots in said package shall then be carefully
counted. All ballots remaining unused at the close of the polls
shall be carefully destroyed before the box is opened. Any person
wilfully and corruptly failing to perform the duties required of him,
or intentionally violating any of the provisions of this section, or
opening any sealed package of official ballots, except aa specially
provided for herein, shall be deemed guilty of a misdemeanor and be
punished with a fine of two hundred dollars and imprisonment one
month in jail. :

11. It shall be the duty of the electoral board of the several coun-
ties and cities to provide at each of the voting places in their respec-
tive counties and cities a small compartment or booth large enough
to contain and conceal from general observation a voter, and a desk
or other convenience for writing. In said booth there shall be
placed pen and ink. Said compartment or booth shall be so erected
that a person standing at said desk in said booth or compartment
shall be wholly excluded from the observation of the clerks, judges
of elections, and other persons. The said board, in its discretion,
may have one or more of said booths at said voting places.

12. Except as hereinafter provided for, save the judges of election
and clerks, no person other than the elector offering to vote shall
be within forty feet of the ballot box. The judges of election shall
promptly decide any dispute as to precedence of electors to the right
to vote, deciding who first offered, or if two or more ofiered at the
same time selecting the one to whom precedence shall be given;
but in case of a challenge the challengers and challenged and the
witnesses may appear before the judges; when such challenge is de-
cided, only the elector having the right to vote shall remain within
the prescribed limits.

13. Every elector qualified to vote at a precinct shall, when he so
demands, be furnished with an official ballot by one of the judges of
election selected for that duty by a majority of the judges present.
The said elector shall then take the said official ballot and retire to
said voting booth. He shall then draw a line with a pen or pencil
through the names of the candidates he does not wish to vote for,
leaving the name or names of the candidates he does wish to vote
for unscratched. No name shall be considered scratched unless the
pen or pencil mark extend through three-fourths of the length of
said name; and no ballot save an official ballot above provided for
shall be counted for any person. When, as to any office, more than
one name remains unscratched the ballot for that particular office
shall be void, but the ballot as to any other office for which only one
name remains unscratched shall be valid. He shall fold said ballot
with the names of the candidates on the inside and hand the same
to the judge of election, who shall place the same in the ballot box
without any inspection further than to assure himself that the bal-
lot is a genuine ballot, for which purpose he may, without looking at
the printed inside of said ballot, inspect the official seal upon the back
thereof: provided, it shall be lawful for any voter to erase any or all
names printed upon said official ballot and substitute therein in
writing the name of any person or persons for any office for which
he may desire to vote.

14. It shall be unlawful for any elector to carry the official ballot
furnished him by the judge of election further than the voting booth
or make any copy thereof, and should he, after inspecting said ballot,
conclude not to vote, he must immediately return said ballot to the
judges of election. Except as hereinafter provided, no person shall
advise, counsel, or assist any elector, by writing, word, or gesture, as to
how he shall vote or mark his ballot after the same has been deliv-
ered to him by the judges of election. Any person violating the
provisions of this section shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be fined not less than five hun-
dred nor more than one thousand dollars and confined in jail six
months. To carry any official ballot or copy thereof beyond the
voting booth or away from said booth, except to the judges of election,
or to vote any ballot except such as shall be received by the elector
from the judge of election, shall be a misdemeanor punishable by a
fine of one hundred dollars; and it shall be the duty of the judges
of election, to cause, by verbal order or warrant, the instant arrest
of any person making such attempt, and he shall be required to vote
or surrender said ballot, and he may be confined in jail by the order
of said judge of election until he obeys said requirements, not ex-
ceeding ten days.

15. No elector shall be allowed by the judges of election to remain
in said voting booth provided in this act more than two and one-half
minutes to the obstruction of other electors desiring to vote. Said
judges of election shall cause any elector attempting to occupy said
voting booth for a longer time to retire and surrender his ballot, and
he shall not again be allowed to receive an official ballot unless in
the discretion of the judges of election another opportunity to vote
will not delay or hinder other electors.

16. Should any ballot be unintentionally. or accidentally defaced,
or in any way rendered unfit for voting by such elector, he shall de-
liver such defaced ballot to the judges of election and receive
another, upon taking an oath that the defacement of the ballot first
delivered to him was not done for the purpose of defacing said offi-
cial ballot. Any person swearing falsely to such fact shall be
deemed guilty of perjury.

17. The judges of election, or a majority of them, shall appoint
and designate one of their number, whose duty it shall be, at the re-
quest of any elector who may be physically or educationally unable
to prepare his ballot, to enter the booth with said elector and render
him assistance in preparing his ballot by reading the names and
offices to be voted for on the ballot and pointing out which name or
names the said elector may wish to strike out, or otherwise aid him
in preparing his ballot. In case said elector be blind, said judge of
election so appointed and designated as aforesaid shall prepare said
ballot for said elector in accordance with his instructions; but the
said judge shall not enter the booth with the voter unless requested
by him, and shall not in any manner divulge or indicate, by signs or
otherwise, the name or names of the person or persons for whom any
elector shall vote. The said judges, or a majority or them, shall
have power from time to time, when and as often as they may see
proper, to change the appointment and designation of the judge
who shall discharge the duties prescribed by this act and designate
another judge in his place and stead to perform the same. And for
a corrupt violation or any of the provisions of this section the per-
son so violating the same shall be deemed guilty of a misdemeanor
and be confined in jail not less than one nor more than twelve
months.

18. It shall not be lawful upon the day of election for persons to con-
gregrate and crowd upon the public highway within one hundred feet
of any of the voting places, and any persons violating the provisions
of this section shall, upon conviction thereof, pay a fine of twenty-
five dollars or be confined in jail not exceeding ten days. Any
member of the electoral board, the printer who shall print the offi-
cial ballots, provided for by this act, any judge of election, or any
person who shall give or sell to any person whomsoever, except
where it is distinctly provided by this act, any official ballot or
copy, or any fac simile of the same, or any information about the
same, or shall counterfeit or attempt to counterfeit the same, shall
be deemed guilty of a misdemeanor, and upon conviction thereof
shall be fined five hundred dollars and imprisoned in jail six months.
It shall be the duty of the judges of election to see that the pro-
visions of this act are strictly carried out.

19. The provisions of this act shall apply to all elections held in this
atate except as hereinafter provided; and where the election is held
in an incorporated town for town officers it shall be the duty of all
persons who intend to be candidates for office in said town to
give notice of said candidacy to the clerk of the county court of the
county in which said town is, as provided by the fourth section of
this act; and said clerk shall notify the electoral board, and the
tickets shall be printed and delivered and the election held and con-
ducted in the manner provided by this act; and where the election is
to be held to ascertain the sense of the qualified voters of this state,
or of any county, city, town, or district of any county, upon any ques-
tion submitted to them by law, it shall be the duty of the electoral
boards of the county or city, or of the county in which said town or
district is, as the case may be, to have the words printed upon the
tickets directed by the law submitting said question; but in all other
respects said elections shall conform to the provisions of this act.

20. In any county or corporation where no political party nomi-
nates candidates for county or corporation offices the above pro-
visions of this act shall not apply; but in such case every elector
shall vote by ballot which he himself shall provide, and each person
offering to vote shall deliver a single ballot to one of the judges in
the presence of the other two judges. The ballot shall be a white
paper ticket and containing on the face or inside of it, written or
printed, or partly written and partly printed, the names of the per-
sons for whom the elector intends to vote, and designating the office
to which each person so named is intended by him to be chosen.
The judges to whom any ballot is delivered shall, upon receipt
thereof, pronounce with an audible voice the name of the person
from whom the ballot is received, and if the name of the person is
found upon the registration-book and there be no objection made,
the said judges shall, without opening said ballot or permitting the
same to be examined, except to ascertain whether it is a single bal-
lot, deposit the same in the ballot-box; whereupon the name of the
elector shall be checked on the registration-book by one of the judges
and entered by the clerks of election on the poll-books and correctls
numbered in accordance with the number of electors theretofore re.
corded.

21. Any violation of this act, for which no punishment has beer
otherwise provided, shall be dsemed a misdemeanor, and punished by
a fine not exceeding one hundred dollars and imprisonment in the
county jail not exceeding one month.

22. The cost of conducting an election under this act shall be
paid by the supervisors out of the cost of the general county levy
and in cities by the council thereof.

23. All acts or parts of acts in conflict with this act, or any sectioz
thereof, are hereby repealed.

24. This act shall be in force from its passage.