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Session Laws, 1910 Session
Volume 487, Page 121   View pdf image (33K)
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ELECTIONS. 121

the official ballot he desires to cast, and the judge of election
so receiving such envelope and ballot shall, after detaching the
coupon attached thereto, deposit such envelope so sealed in the
ballot box of the voter's political party in the presence of the
voter and of the other judges of election; in such primary
elections held in the several counties of the State, upon the
opening of the ballot boxes by the judges, they shall count and
announce the whole number of envelopes, representing the
whole number of ballots in the ballot boxes for the several
parties in similar manner to that provided by this Article for
official ballots at general elections, and, in counting the ballots,
the judges shall carefully examine the ballots and the envelopes
containing the same, and if any envelope shall be found not of
the character required by this Article, or if any mark or device
be found on any envelope, shall be found not of the character
required by this Article, or if any mark or device be found on
any envelope or peculiar folding by which, in the opinion of the
majority of the judges, the same may be identified so as to
indicate who may have cast the same, the ballot so marked, or
the ballot contained in the envelope so marked or folded, or
improperly substituted, shall not be counted; and when more
than one ballot shall be found in an envelope, neither of the
ballots therein shall be counted; nor shall a ballot be
counted when found in an envelope furnished for a different
political party than that for which the ballot was provided;
and the intention, so far as the same may be ascertained from
each ballot itself, shall, in the absence of any unlawful or
fraudulent mark or device thereon or enclosed therewith or on
the envelope containing the same, prevail; and in case any
voter putting his ballot in the envelope shall mutilate the
envelope, he may return the same and receive a new envelope in
lieu thereof under the same conditions and penalties as pro-
vided in this Article for new ballots at general elections; and
in case a lawful ballot contained in a proper envelope shall be
mutilated by any of the judges of elections in opening the
envelope, the ballot shall not be thrown out for that reason;
and if an envelope shall be deposited in the ballot box inad-
vertently, without being properly sealed and without being
detected by the judge receiving the same, or shall become un-
sealed in the ballot box, a lawful ballot contained therein shall
not be thrown out for that reason; and if the voter shall hand
a ballot in an unsealed envelope to the judge for depositing
the same in the ballot box, and the judge detects that the same
is unsealed, the envelope, with the ballot therein, shall be
returned to the voter, who shall be directed to return to the
privacy of a booth and there seal the envelope before again
tendering it to the judge to be placed in the ballot box. If


 

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Session Laws, 1910 Session
Volume 487, Page 121   View pdf image (33K)
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