or special election is held, the clerks of the circuit courts of the several counties shall estimate and determine the number of absent voters' ballots of all kinds which will be required in their respective counties for any such election. The ballots for the election of all officers, or the ratification, acceptance or rejection of any measures or propositions to be voted for by the electors of the state at large shall be prepared and printed under the direction of the state board of election commissioners; the ballots for the election of all officers to be voted for in any such county other than those who are to be voted for by all the electors of the state shall be prepared and printed under the direction of the county board of election commissioners as now provided by law. The several county boards of election commissioners shall immediately proceed to prepare and have printed, in such number as they have determined, such absent voters' ballots as are to be printed under their direction as hereinbefore provided, and such ballots shall be delivered to the clerk of the circuit court of the county not less than ten (10) days prior to the day of the election at which they are to be used. As soon as the clerk of the circuit court shall have determined the number of absent voters' ballots which will be required, he shall certify the number so determined upon to the state board of election commissioners, and such board shall proceed to prepare and have printed such ballots as are prepared and printed under their directions. The absent voters' ballots which are printed under the direction of the state board of election commissioners shall be delivered to the clerk of the circuit court or his specially authorized deputy at the same time and in the same manner that other official ballots are delivered. Each package of absent voters' ballots shall be plainly marked, on an appropriate label attached thereto, with the words: "This package contains .... (giving number of ballots) absent voters' ballots." All such ballots shall be kept securely in the office of the clerk of the circuit court, and shall be distributed to applicants therefor as hereinbefore provided. [Acts 1919, p. 691. In force March 14, 1919.] 6927v. Title of act amended.-6. The title of the above entitled act be amended to read as follows: An act to provide a method of voting at general, special, municipal and primary elections by qualified voters who by reason of illness, the nature of their business or other cause are unavoidably absent from the polls or the county of their residence on election day. This section amends title to act 1917, p. 317. See section 6927a et seq. 6931. Distinguishing marks, penalty. The question as to what are to be regarded as distinguishing marks on election ballots is considered and determined. State ex rel. v. Thornburg, 177 Ind. 178, 97 N. E. 534; Lewis v. State ex rel., 184 Ind. 99, 109 N. E. 777; Blue v. Allee, 184 Ind. 302, 111 N. E. 185. See note to section 6916. 6932. Removing ballots from election room, penalty. Ballots cast by absent voters are not required to be marked by means of blue pencils. Glick v. Hunter, Ind. 129 N. E. 232. 6934. Canvassing votes-Disputed ballots. See note to section 6916. Under this section, a ballot is not invalid as bearing a distinguishing mark, where it is marked on a square at the left of a space where there is no candidate's name. Spaulding v. Romack, 185 Ind. 105, 113 N. E. 229. The provision of this section that distinguishing marks on a ballot render it void, is mandatory. Spaulding v. Romack, 185 Ind. 105, 113 N. E. 229. An imperfect cross in the proper space for a cross does not invalidate the ballot as bearing a distinguishing mark. Spaulding v. Romack, 185 Ind. 105, 113 N. E. 229. A ballot is not invalid as bearing distinguishing marks, where there are slight pencil marks or dots thereon which appear to have occurred by accident. Spaulding v. Romack, 185 Ind. 105, 113 N. E. 229. 6941. Removing or destroying election conveniences, penalty. Ballots cast by absent voters are not required to be marked by means of blue pencils. Glick v. Hunter, - Ind. 129 N. E. 232. - 6954. Care of ballots and papers. Sections 6954 and 6955, providing for the care and preservation of the ballots cast at an election, and other papers in connection with the election, have not been repealed by subsequent statutes. State ex rel. v. Thornburg, 177 Ind. 178, 97 N. E. 534. 6955a. [Acts 1915, p. 590. In force April 26, 1915.] Ballots, disposition and care of, penalty.-1. That as soon as the ballots cast in any primary or general election held in this state, shall have been counted, they, together with all uncast ballots, shall, in the presence of the judges and clerks, be carefully and securely placed by the inspector in a strong and stout paper envelope or bag, which shall then be tightly closed and well sealed with wax by the inspector, and shall be delivered by such inspector to the clerk of the circuit court of the county at the very earliest possible period before or on the Thursday next succeeding said election, and the inspector shall securely keep said envelope containing the ballots and papers therein and permit no one to open said envelope or touch or tamper with said ballots or papers therein. And upon the delivery of such envelope to the clerk, the inspector shall take and subscribe an oath, before said clerk, that he has securely kept said envelope and the ballots and papers therein, and that, after said envelope had been closed and sealed by him in the presence of the judges and clerks, he had not suffered or permitted any person to break the seal or open said envelope, or touch, or tamper with said ballots or papers, and that no person has broken such seal or opened said envelope to his knowledge; which oath shall be filed in said clerk's office with the other election papers. The clerk of the circuit court of the county shall preserve such ballots for at least six (6) months from the date of receiving them, during which time they shall be subject only to the demand of the judge of any circuit or superior court of the state in connection with any litigation arising from the primary or general election at which they were cast, and at the end of six (6) months, he shall destroy them. Any election inspector or clerk of the circuit court failing to comply with the provisions of this section shall be deemed guilty of a felony and on conviction thereof shall be punished by a fine of one hundred dollars ($100.00) to one thousand dollars ($1,000.00) or by imprisonment in the state penitentiary for not less than one (1) year or by both such fine and imprisonment. Ballots cast by absent voters are not required to be marked by means of blue pencils. Glick v. Hunter, Ind., 129 N. E. 232. 6955b. Pencils destroyed, penalty.-2. Before the ballots cast or uncast in any primary or general election in this state shall have been counted, all the pencils used in marking the ballots used in such primary or general election, shall be destroyed. Any election inspector, poll clerk or judge using or having in his possession any such pencil after the polls are closed and during the counting of said cast and uncast ballots shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of ten dollars ($10.00) to twenty-five dollars ($25.00) or by imprisonment in the county jail for at least thirty (30) days, or by both such fine and imprisonment. Ballots cast by absent voters are not required to be marked by means of blue pencils. Glick v. Hunter, Ind. 129 N. E. 232. |