74 CONSTITUTION OF THE [ART. 12.

To take effect on
first day of Novem-

tution, it shall go into effect on the first day of November,

ber, 1864

eighteen hundred and sixty-four.

Certain votes to be

SEC. 10. And the Governor shall exclude from count the

excluded

votes of any county or city the Return Judges of which

shall fail to certify in the returns, as provided by this

schedule, that all persons who have voted have taken the

oath prescribed to be taken, unless the Governor shall be

satisfied that such oath was actually administered, and that

the failure to make the certificate has been from inadver-

tence or mistake.

SOLDIERS' VOTE.

Voters absent in
Military service

SEC. 11. Any qualified voter of this State who shall be

may vote

absent from the county or city of his residence by reason

of being in the military service of the United States, so as

not to be able to vote at home, on the adoption or re-

jection 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

A poll to be opened
in each Company.

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 Convention for taking the vote on

the New Constitution, or some other day not more than

five days thereafter, at the quarters of the commanding

officer thereof, and voters of this State belonging to such

Company who shall be within ten miles of such quarters on

Time of voting.

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

Officers to act as

P. M.; the commissioned officers of such Company, or

Judges

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; before any votes are

received each of the Judges shall take an oath or affirma-

tion 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