1851. Election to be held for the lo. cation of the vo ting place of district No. 5. CHAPTER 609. AN ACT to provide for changing the place of voting in the 5th district in §1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be the duty of the proper officers holding the election in justices' district No. 5, in Nicholas county, on the second Monday in May next, to take the sense of the qualified voters of said district, upon the question of removing the place of voting in said district from its present location at Union meeting house, to Moorfield; and for that purpose two columns shall be opened in the poll book in said district at said election, one of which shall be headed 'for removal,' and the other 'against removal,' and the officers of said election shall propound to each voter, who shall vote at said election, the question : "Are you in favor of removing the voting place in this district to Moorfield, or against it?" and shall make a true record of the votes, and certify the result of the vote upon said question to the county court of said county, at the term succeeding said election, or any subsequent term; and if a majority of the votes cast for and against said removal shall have been in favor of said removal, it shall be the duty of said county court to make an order changing the voting place in said district to Moorfield, and thereafter all elections in said district shall be held at that place. § 2. That in the event said place of voting be changed Duty of clerk as provided for in this act, the clerk of said court shall certify said change to the secretary of state. of the court. Approved March 22, 1851. districts CHAPTER 611. AN ACT to change the lines of Magistrates' and Constables' districts in § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the line between the seventh Line betwehn and ninth magistrates' and constables' districts, in Boone the 7th and 9th county, be changed as follows, viz: commencing at BalBoone changed. lard's ford, on Mudlick creek, thence down said creek to Mrs, Ashbrook's, including her residence; thence south to Larkin Fullilove's, including his residence; thence to John and Jordan Harris' old line, and with said line to the Gallatin county line; thence cast with said line to the Walnut Lick road. Line of 1st district in Russell changed. § 2. That the boundaries of district No. 1, in Russell county, as laid off by the commissioners heretofore ap. pointed to lay off said county into magistrates' and constables' districts, be so amended as, where the terms "Columbia and Green's ferry road" occur in said commissioners' report, to make it read, "the old road from Columbia to Green's ferry." § 3. That the secretary of sate be directed to forward certified copies of this act to the clerks of the Boone and Russell county courts. 1851. Approved March 22, 1851. CHAPTER 614. AN ACT to regulate elections. Be it enacted by the General Assembly of the Commonwealth of Kentucky, as follows: ELECTIONS. ARTICLE I. General Provisions. § 1. Whenever in this law, or in any statute hereafter passed, it is said an election shall be held, or an equivalent expression is used in reference to a state, district, or county election, it shall be deemed to mean an election by the qualified voters, to be held at the several places of voting in the various precincts or justices districts, where voters have a right to vote in the election of the officers designated. § 2. Whenever a duty is imposed upon, or a power confided to a 'sheriff,' in reference to an election, the same shall apply to any other officer or person acting for him at an election, and to the deputies of the sheriff, such other officer or person, in the same manner as if the duty were imposed upon or the power confided expressly to such other officer, person or deputies; except, that in comparing returns, or in giving the casting vote in the election of a county judge to fill a vacancy, no deputy shall act without the express written authority of the principal. § 3. "Officer of an election," as used in this act, means a judge, clerk, or sheriff, or person acting for a sheriff at an election; also, a member of a board for examining pollbooks or making returns. ARTICLE II. § 1. The election precincts and places of voting in the several counties in this state shall be the same as the districts and places fixed by law for the election of justices of the peace, unless otherwise specially provided for by law. held. Elections in §2. That all elections in the city of Louisville, except those for justices of the peace and constables, shall be held Loulaville where in each ward thereof, the place of voting to be designated by the mayor and council thereof. Sheriffs to pub of districts. 3. It shall be the duty of the sheriffs of the several counties, on or before the first day of April, 1851, to have lish boundaries published, at the expense of the county, the boundaries of the districts, precincts, and places of voting, by causing 1851. County Court tricts and pre. may change dis cincts. Justices and and where elect constables when ed. When term of office of Justice and Constable to commence. them to be published at least twice in some public news- § 4. Districts for the election of justices of the peace and $5. An election shall be held in each of the districts, for the election of two justices of the peace and one constable, on the second Monday in May, 1851; and a like election shall be held for two justices of the peace on the first Saturday in May in every successive fourth year, and for a constable on the first Saturday in May in every successive second year; and at the same time in the city of Louisville, in their districts, for the election of justices of the peace and constables for said city. 6. The term of office of justices of the peace and constables shall always commence on the first day of June in the year of their election, and expire when their successors are qualified. The justices of the peace shall enter on the duties of their respective offices as soon after their terms commence as they shall have received their commissions and qualified thereunder, and shall have filed the same, with the certificate of qualification thereon, in the county To give bond court clerk's office; and the several constables shall, before they enter upon the duties of their office, enter into bond, with good and sufficient securities, to be approved of by the court, in the county court, conditioned as now required by law, and shall have taken the oaths prescribed by the constitution and laws of Kentucky. and take oath. County courts cers of elections to appoint off. for May 1851. ARTICLE III. Elections, how held. §1. Each county court shall, in the month of March or April next, appoint two suitable persons to act as judges, and a clerk, for each place of voting in their respective counties, who shall act as judges and clerk of the elections to be held on the second Monday in May next; and where, in the opinion of the court, one set of officers of the election will not be sufficient to receive and record all the votes of any one precinct, the court shall appoint two sets of officers. 1851. Courts to ap §2. Each county court shall, in the month of June or July in every year, appoint two justices of the peace, if so When County many there be, or one justice and one other suitable per- point officers of son as judges, and a clerk of the election, for each precinct elections. in its county. It shall also, in the month of March or April, every second year thereafter, appoint two suitable persons as judges and a clerk of elections for each district, for the election of justices of the peace in its county. Such judges and clerks shall hold their offices till their successors are appointed and qualify. Vacancies may be filled at any time by the court, or as herein provided for: Provided, that the court, in appointing officers of elections, shall appoint an equal number from each of the political parties, (whig and democrat,) so long as said parties shall continue in this state: And, provided further, that such counties as do not appoint at their March court, and have no county court in April, may hold a called term to appoint officers for the May elections; said court to be held at any time in the month of April. Sheriff to no. §3. The sheriff shall, at least five days before the next ensuing election, give each judge and clerk written notice tify officers. of his appointment. Sheriff to ap §4. Should the court fail to appoint such judges or clerk, or either fail to attend for thirty minutes after the time for point substitute. commencing the election, or refuse to act, the sheriff or his deputy shall appoint a suitable person or persons to act in his or their stead for that election. Judges and clerk to take an § 5. Each judge and clerk of an election shall, before entering on the duties of his office, take the oath prescribed oath. by the constitution, before some justice of the peace, or it inay be administered by the sheriff. es of elections. § 6. Such judges shall superintend the election, deter- Duties of judgmine upon the legality of all the votes offered, see they are properly recorded, with the voter's name, in the poll-book to be kept for that purpose, attend to the proper summing up of the votes, certify the poll-book over their signatures, and deliver the same to the sheriff. They shall also make out duplicate statements, in writing, signed by them, of the number of votes received by each candidate, one copy of which shall be retained by each of the judges, and shall serve as evidence of the result of the election, if the pollbook is not produced. §7. Each clerk, in the presence of the judges, shall sign Duties of clerk. his name at the foot of every page of the poll-book, as the election progresses, so that the same may be thereby identified; and when the judges disagree, the sheriff shall act as umpire between them. Sheriff to give notice of elec § 8. Whenever an election is required to be held for other than militia, town, or city officers, the sheriff shall give tions, &c. notice of the time and places of the election, and the offices to be filled, by written advertisements posted up at 1851. Coroner's du sheriff is vacant ty if the office of ing judge in certain cases. the several places of voting in his county, at least twenty days before the election, and, by himself and deputies, shall cause the same to be held at the place appointed in each precinct or election district in his county, commencing at six o'clock in the morning, or as soon thereafter as may be, and closing at seven o'clock in the evening. § 9. If the officer of sheriff is vacant, or if the sheriff is himself a candidate, at any election, all his duties pertaining to that election shall be performed by the coroner and such deputies as he may appoint for that purpose; or if the coroner is absent, or his office vacant, or he is a candidate, then such duties of the sheriff shall be performed by Duty of presid- some person appointed for that purpose by the presiding judge of the county court, and the deputies of such person, if the presiding judge is not himself a candidate. But if the presiding judge is himself a candidate, or if, from any cause, a sheriff is not in attendance, the judges of election at any precinct, or, if one of them is absent, the other judge may appoint a person to act in the place of the sheriff for the election on that day in that precinct. In case of disagreement between the judges, the clerk may appoint such person. sworn and interrogated § 10. If a person offering to vote is not personally known Persons not to one of the judges, or the sheriff, as a qualified voter, he known, to be shall be interrogated, under oath administered by one of the judges or the clerk, as to his qualification. If, from his statement so made, he appears to be qualified, he shall be admitted to vote, unless his right is disputed by one of the judges or the sheriff, or by some other person present. If so disputed, the judges shall hear witnesses, not exceeding two in number on each side, as to his qualification, and decide as may appear right from the proof and the statement of the party. The word "sworn" shall be written opposite the name of every one voting after being sworn. Foreigner may be made to pro duce naturaliza tion papers. Nothing in this section shall be construed to exempt a foreigner from producing his certificate of naturalization, unless his qualification is known to one of the judges or the sheriff. § 11. The following rules shall be observed in determinRules of resi ing the residence of a person offering to vote : dence. 1. That shall be deemed his residence where his habitation is, and to which, when absent, he has the intention of returning. 2. He shall not lose his residence by absence for temporary purposes merely; nor shall he obtain a residence by being in a county or precinct for such temporary purposes, without the intention of making the county or precinct his permanent home. 3. By removal to another state or county, with intention to make his permanent residence there, he loses his former residence. |