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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1901   View pdf image (33K)
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1901
sixty-four, for all elections provided for by
this constitution, to be held during that year.
Sec. 9. At the said election the vote shall
be by ballot, and each ballot shall describe
thereon the words "For the Constitution"
or " Against the Constitution," as the voter
may elect, and it shall be conducted in all
respects as the general elections in this State
are now conducted. The judges of election
shall administer to every person offering to
vote the oath or affirmation prescribed by
this constitution, and should any person
offering to vote refuse or decline to take said
oath, he shall not be permitted to vote at
such election, but the taking of such oath or
affirmation shall not be deemed conclusive
evidence of the right of such person to vote,
and it shall be the duty of the return judges
of said city, and of the several counties of the
State, having counted the votes given for or
against the adoption of this constitution, to
certify the result thereof in the manner now
prescribed by law, accompanied with a spe
cial statement, that every person, who has
voted has taken the oath or affirmation pro
scribed by this constitution; and the gov-
ernor upon receiving such result, and ascer-
taining the aggregate vote throughout, the
State, including the soldiers' vote, hereinaf-
ter provided for, shall, by his proclamation
make known the same and if a majority of
the voles cast shall be for the adoption of
this constitution, it shall go into effect on
the first day of November, eighteen hundred
and sixty-four.
Sec, 10. And the governor shall exclude
from count the votes of any county or city
the return judges of which shall fail to cer-
tify in the returns, as provided by this
schedule, that all persons who have vote
have taken the oath prescribed to he taken
unless the governor shall be satisfied that
such oath was actually administered, and
that the failure to make the cetificate has
been from inadvertence or mistake.
SOLDIERS' VOTE.
Sec. 11. Any qualified voter of this State
who shall be absent from the county or city
of his residence by reason of being in the mili-
tary service of the United States, so as not
to be able to vote at home, on the adoption
or rejection of this constitution, or for all
State officers elected on general ticket, and
for presidential electors and for members of
congress, at the election to be held on the
Tuesday next after the first Monday in the
month of November, eighteen hundred and
sixty-four, shall be entitled to vote at such
elections as follows: A poll shall be opened
in each company of every Maryland regiment
in the service of the United States or of this
State on the day appointed by this conven-
tion for taking the vote on the new constitu-
tion, or some other day not more than five
days thereafter, at the quarters of the com-
manding officer thereof, and voters of this»
State belonging to such company who shall
be within ten miles of such quarters on the
day of election may vote at such poll; the«
polls shall be opened at eight o'clock A.
M. and close at six o'clock P. M; the
commissioned officers of such company, or
such of them as are present at the opening
of the polls, shall act as judges, and any one
officer shall be competent so to act, and if no
officer be present then the voters in such
company present shall elect two of the voters
present 'to act as judges of the election; be-
fore any votes are received each of the judges
shall take an oath or affirmation that he will
perform the duties of judge according to law ;
will prevent fraud and observe and make
proper return thereof, and such oath the
judges may administer to each other; the
election shall be by ballot, and any voter
maty vote either "For the Constitution" or
"Against the Constitution."
Sec. 12. Any qualified voter of this State
who shall be absent from the city or county
of his residence on the day tor taking the
vote on the adoption or rejection of this con-
stitution by reason of his being in the mili-
tary service of the United States, but shall
be at some hospital or military post, or on
duty within this State, and not with his com-
f pany, may vote at the nearest polls to such
f place on satisfying the judges that he is a le-
gal and qualified voter erf this State.
1 Sec. 13. The judges may swear any one
offering to vote as to his being a legal voter
e of this State. The judges shall take down
i on a poll-book or list the names of all the
- voters as their votes are taken, and the
s tickets shall be placed in a box as taken; after
d the polls are closed the tickets shall be counted
and strung on a thread, and the judges shall
t make out a certificate which they shall sign,
d addressed to the governor at Annapolis, in
s which they shall state they have taken the
oath hereby prescribed, and shall certify the
number of votes taken, and the number of
voles for the constitution and against the
e constitution; the said certificates shall be
v accompanied with the names of the voters,
- and shall be plainly expressed, but no par-
ticular words shall be required.
n Sec. 14, The judges shall, as soon as pos-
sible transmit said returns, with the tickets
d so strung, to the governor, who shall receive
3{ the return of the soldiers' vote, and shall
e east up the same, and judge of the genuine.
e ness and correctness of the returns, and may
d recount the threaded tickets so as to satisfy
h himself, and the governor shall count said
d vote with the aggregate vote of the State
nt on the adoption or rejection of this constitu-
tion, and shall wait for fifteen days after the
n- day on which the State vote is taken, so as
u- to allow the returns of the soldiers' vote to
ve be made, before the result of the whole vote
n- is announced. The governor shall receive the


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1901   View pdf image (33K)
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