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[Acts special session 1920, p. 160. In force July 31, 1920.] 6908a. Printing of ballots.-1. It shall be the duty of the state board of election commissioners to cause to be printed a sufficient number of state ballots for the voters of this state at each general election, but said state board of election commissioners shall not cause to be printed one and one-fourth ballots for each vote cast at the last preceding general election in precincts in which voting machines are in use, but shall only cause to be printed for such precincts such number of ballots as in their judgment is necessary to meet any emergency which may arise.

Section 2 of the above act provides that it shall be in force from and after its passage.

6914. Removing ballots, felony.

Sufficiency of an indictment against an election inspector for permitting election ballots in his possession to be taken and removed from his possession. v. State, 183 Ind. 698, 109 N. E. 401, 748.

6916. Opening ballot packages, initials of clerks.

Huffman

The statute which provides that the poll-clerks at an election shall indorse their initials upon the backs of election ballots is mandatory, and unless the initials of both clerks are placed upon ballots they can not be counted. Blue v. Allee, 184 Ind. 302, 111 N. E. 185.

Under this section and sections 6931, 6934, an indorsement of a ballot by only one of the election clerks is insufficient, and such a ballot is invalid. Blue v. Allee, 184 Ind. 302, 111 N. E. 185.

6927. Manner of voting, marking ballots.

The manner in which ballots cast at an election should be marked is considered, and when ballots that are not marked in the manner prescribed by the statute should be counted or rejected. Lewis v. State ex rel., 184 Ind. 99, 109 N. E. 777.

Ballots cast by absent voters are not required to be marked by means of blue pencils. Glick v. Hunter, Ind. 129 N. E. 232.

See note to section 6881k.

[Acts 1919, p. 691. In force March 14, 1919.] 6927a. Absent voters, when and how may vote.-1. Any qualified elector of the State of Indiana, having duly registered, when such registration is required, who by reason of illness or the nature of his business or other unavoidable cause is absent or expects to be absent from the county in which he is a qualified elector on the day of holding any general, special, primary or municipal election, or who because of illness, may be unable to attend the polls, may vote at any such election as hereinafter provided. However, the provisions of this act shall not apply to any elector who resides temporarily out of said precinct, but shall only apply to electors necessarily absent on election day by reason of their business or employment.

This section amends section 6927a Supplement of 1918, section 1, Acts 1917, p. 317.

Section 6 of this act amends the title of the original act to include municipal elections. See section 6927v.

This act does not specify that ballots cast by absent voters be marked by means of blue pencils. Glick v. Hunter, Ind. 129 N. E. 232.

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6927b. Application for absent voter's ballot.-2. An elector as designated in section one (1) of this act expecting to be absent from the county of his residence on the day of any general, special, primary or municipal election may, not more than thirty (30) days nor less than two (2) days prior to the date of any such election, make application to the clerk of the circuit court of the county, or the clerk of the city or town in which his precinct is situated, as the case may be, for an official absent voter's ballot or ballots to be voted at such election.

This section amends section 6927b Supplement of 1918, being section 2, Acts 1917, p. 317.

[Acts 1917, p. 317. In force March 7, 1917.]

6927c. Blank furnished by clerk, form, oath.-3. Application for absent voters' ballots shall be made in person or by mail on a blank to be furnished by the clerk of the circuit court of the county in which the applicant is a qualified elector. Such blank shall, upon request, be sent to the applicant by mail by such clerk or delivered to such applicant in person upon his appearance at the office of such clerk. Applications for absent voter's ballots shall be substantially in the following form, and shall be signed and sworn to by the applicant, as hereinafter provided, before some officer authorized by law to administer oaths and having an official seal. If the applicant appears in person at the office of the clerk of the circuit court such clerk shall administer the necessary oath.

Application for absent voter's ballot to be voted at the election.... to be held on. 19.. State of..

I,

.SS.

County of

do solemnly swear (or affirm) that I have

been a resident of the State of Indiana for six (6) months, and of

.township,

days, and of the...

ship or of the...

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ward

. precinct of the.... of the city of.... ..for thirty (30) days next preceding this election; and that I am a duly qualified elector entitled to vote in such precinct at such election; and that I am registered in the precinct of my residence as provided by law; or that I shall have attained the age of twenty-one (21) years prior to such.. ...election; and shall be entitled to vote at such election. (In case of voters who are for the first time exercising the right of suffrage). That I am . (stating business) and that because of the nature

of my business or employment or for the following reason. (relating unavoidable cause of absence) I expect to be absent from the county of my residence on..... ....the date of such..... election, and I hereby make application for an official ballot or ballots, if more than one (1) is to be used, to be voted by me at such election, and that I will return such ballot or ballots to the officer issuing them on or before the day of such election. If application is made for a primary ballot, the applicant, unless he has not previously exercised the right of suffrage, shall also designate the party whose candidate he expects to vote for, and shall also state that at the last preceding general election he voted for a majority of the candidates of such party.

Signed..

Home address of applicant..

Postoffice address to which ballot is to be sent...

Subscribed and sworn to before me this......day of. A. D. 191..

Date.

Official title.

6927d. Duty of clerk.-4. Upon receipt of such application, the clerk of the circuit court with whom such application is filed shall file the application in his office and enter the name of the election [elector], the address to which the ballot or ballots are to be sent, the date of receiving the application, the date of mailing the ballot or ballots to such elector, as hereinafter provided, the date of receiving the ballot or ballots from such elector, and such other information as may seem necesary or advisable upon a list to be kept for that purpose. Such clerk shall keep a separate list or record for each voting precinct in the county.

[Acts 1919, p. 691. In force March 14, 1919.]

6927e. Ballots mailed or delivered, clerk's seal.-5. The clerk of the circuit court of the county in which said applicant is a qualified elector, shall, on the 15th day prior to the election at which such absent voter's ballot is to be used, but not before said 15th day, mail to all applicants who have executed and filed their application on or before said 15th day, postage prepaid, at the address named in the application, an official ballot or ballots, if more than one (1) are to be voted at such election; or the applicant may obtain such ballot or ballots by applying personally at the office of such clerk of the circuit court not more than ten (10) days not less than one (1) secular day before such election; or such clerk may deliver such ballot

or ballots at the clerk's office to the applicant personally or to a duly authorized agent of such applicant, not more than (10) nor less than one (1) secular day before such election. The clerk of said circuit court shall, on each and every day after said 15th day until and including the second day before the election at which such absent voter's ballot is to be used, but not after said second day, mail to each applicant on the day of the filing of the application an official ballot or ballots in the way and manner the applications were mailed on said 15th day. In computing the fifteenth day before the election day and the second day before the election day the date of the election shall be excluded and if said fiftenth day or the said second day fall on a legal holiday then the official ballot or ballots shall be mailed as herein provided, the day prior to such holiday. Before mailing or delivering any ballot the clerk shall affix his official seal and place his signature near the lower left hand corner on the back thereof leaving sufficient space on the margin of such ballot for the initials of the poll clerks.

This section amends section 6927e Supplement of 1918, being section 5, Acts 1917, p. 317.

Section 6 of the above act amends the title of the original act of 1917, p. 319, to include municipal elections. See section 6927v.

[Acts 1917, p. 317. In force March 7, 1917.]

6927f. Ballot enclosed in envelope, affidavit.-6. The clerk of the circuit court of the county shall inclose such ballot or ballots in an envelope, unsealed, to be furnished by such clerk, which envelope shall bear upon the face thereof the name, official title and postoffice address of such clerk and upon the other side a printed affidavit in substantially the following form:

State of...

County of.....

ss:

I, ...... do solemnly swear (or affirm), that I am a resident of the precinct of... ... township, or of the

.....

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......

precinct of the ward of the city of ......, residing at ... in that city, in

......

......

the county of ...... and State of Indiana; and am entitled to vote in such precinct at the ..... election to be held on . . . . . . 191... That I am ... (stating business) and that because of the nature of my business or employment, or for the following reason ...... (relating unavoidable cause of absence) I expect to be absent from the county of my residence on .... the day of such ...... election. I further swear (or affirm) that I have personally marked the inclosed ballot or ballots in secret, and have inclosed the same in this envelope and sealed the same without exhibiting them to any other person.

Signed..

......

in and for

Subscribed and sworn to before me, a county, state of ......, this ...... day of ......, A. D. 19... I hereby certify that the affiant exhibited the inclosed ballot to me unmarked; that he then in my presence and in the presence of no other person, and in such manner that I could not see his vote, marked such ballot or ballots and inclosed and sealed the same in this envelope; that the affiant was not solicited or advised by me to vote for or against any candidate or measure.

Signature of official.

Official title.

Commission expires.......

6927g. Affidavit of voter, marking ballot, return.-7. Such absent voter shall make and subscribe to the affidavit provided for in section six (6) of this act before any officer authorized by law to administer oaths and having an official seal, and such voter shall thereupon, in the presence of such officer, and of no other person, mark such ballot or ballots, but in such manner that such officer can not know how such ballot or ballots is marked, and such ballot or ballots shall then, in the presence of such officer, be folded by such voter so that each ballot will be separate and so as to conceal the marking, and shall, in the presence of such officer, be inclosed in such envelope together with any unused ballot and the envelope shall be securely sealed. The envelope shall then be mailed by such voter, by registered mail, postage prepaid, to the officer issuing the ballot or if more convenient it may be delivered in person. Any such ballot to be valid shall be received by the clerk of the circuit court of the county in time for him to deposit it with the election board of such electors' voting precinct before the closing of the polls on election day.

6927h. Ballot sealed, indorsement.-8. Upon receipt of an absent voter's ballot, the clerk of the circuit court of the county shall forthwith inclose the same, unopened, together with the application made by such absent voter, in a large or carrier envelope, which shall be securely sealed and indorsed with the name and official title of such clerk and the words: "This envelope contains an absent voter's ballot and must be opened only at the polls on election day while such polls are open," and such clerk shall thereafter keep the same securely in his office until delivered by him as provided in section nine (9) of this act.

In the event that an absent

6927i. Delivery to inspector.-9. voter's ballot shall be received by the clerk of the circuit court prior to the delivery of the official ballots to the election inspector of the

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