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HERBERT R. O'CONOR, GOVERNOR. 1515
judge thereon, as hereinbefore provided, shall be deposited in
said ballot-box, but if deposited shall be counted for the pur-
pose of ascertaining the number thereof, and the judges shall
in ink mark on the back thereof the word "counted7' and indorse
their names.
69. Assistance in marking their ballots shall be given to
voters who shall declare under oath to the judges of election
that by reason of blindness or physical disability they are un-
able without assistance to mark their ballot. Upon making
and filing with the judges such affidavit the voter shall retire
to one of said booths with any immediate member of his family
whom he may select or with the two clerks and then and there
the immediate member of his family whom he has selected or in
case he has selected no one, one of said clerks, in the presence of
the other, shall mark the ballot as such voter shall direct, the
voter himself naming one by one the candidates for whom he
desires his ballot to be marked and not indicating the candi-
dates by a designation as the candidates of any one political
party. The ballots shall not be read to such voter, nor shall
any suggestion of any kind be made by the member of his fam-
ily whom he has selected or by either of said two clerks to show
him as to how his ballot is to be marked, but the only assistance
which it shall be lawful for said member of his family or for
the clerks to give him is to mark the ballot as he, without
prompting or suggestion from them, or either of them shall
direct, but no ballot shall be marked under this section until
a majority of the judges of election shall be satisfied of the
truth of the fact stated in such affidavit. Voters who are not
incapacitated by blindness or physical disability from marking
their ballots shall not be entitled to receive assistance in mark-
ing them and with the exception in favor of persons blind or
incapable from physical disability of marking their ballots
without assistance, no distinction or discrimination in the
matter of assistance in marking ballots shall be made for or
against any duly registered voters for any other cause what-
ever.
70. Any voter who shall, by accident or mistake, spoil his
ballot so that he cannot conveniently vote the same, may, on
returning said spoiled ballot to the judge holding the ballots,
receive another in place of it, with his name and the same
number written on the coupon thereof, as on the ballot so
returned, but no voter shall receive more than three ballots
from said judge for the reason aforesaid. The ballots thus re-
turned shall be immediately cancelled by endorsing thereon
the word "spoiled", and, together with those not distributed
to the voters, shall be preserved and returned to the Super-
visors of Elections, as hereinafter provided. Every voter who
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