74 Constitution of the [Art. 12.

To take effect on
first day of Novem-
ber, 1864

tution, it shall go into effect on the first day of November,
eighteen hundred and sixty-four.

Certain votes to be
excluded.

Sec. 10. And the Governor shall exclude from count the
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
may 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 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
Judges.

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; 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