Cherokee County Banner. (Jacksonville, Tex.), Vol. 17, No. 46, Ed. 1 Friday, May 27, 1904 Page: 3 of 12
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The followingts a copy of the instruction cams that have beeh prescribed by the Secretary of State, in
conformity with the Terrell election law. Four of these cards will Se posted at each voting precinct in the
county on the 4th of June : )
INSTRUCTION CARD
TO VOTERS
it the Special Election Held on the Fourth Day ot June, 1904.
WHO CAN VOTE.
Section 1. The following classes of persons shall not be allowed to vote in this State:
1. Persons under twenty-one years of age.
2. Idiots and lunatics.
3. All paupers supported by the county.
4. All persons convicted of any felony, except those restored to full citizenship and right of
suffrage, or pardoned.
5. All soldiers, marines, and seamen, employed in the service of the army or navy of the United
States.
Sec. 2. Every male person subject to none of the foregoing disqualifications who shall have
attained the age of twenty-one years, and who shall be a citizen of the United States, and who shall
have resided in this State one year next preceding an election, and the last six months within the
district or county in which he offers to vote, shall be deemed a qualified elector; and every male
person of foreign birth, subject to none of the foregoing disqualifications, who not less than six
months before an election at which he offers to vote shall have declared his intention to become a
citizen of the United States, in accordance with the Federal naturalization laws, and shall have
resided in this State one year next preceding such election and the last six months in the county
in which he offers to vote, shall also be deemed a qualified elector; and all electors shall vote in the
voting precinct of their residence; x * * and, provided further, that any voter who is subject to
pay a poll tax under the laws of the State of Texas shall have paid said tax before he offers to vote
at any election in this State, and hold a receipt showing the payment of his poll tax before the first
day of February next preceding such election. Or if said voter shall have lost or misplaced said tax
receipt he shall be entitled to vote upon making affidavit before any officer authorized to administer
oaths, that such tax was actually paid by him and that said receipt has been lost.
RESIDENCE DEFINED.
Sec. 4. The residence o|f a single man is where he usually sleeps at night; that of a married
man is where his wife resides, or if he be permanently separated from his wife, his residence is
where he sleeps at night. * * *
VOTERS MAY APPOINT JUDGES.
Sec. 33. If a presiding officer fails to attend on election day, or fails to act, or none shall have
been appointed, the voters present may appoint their own presiding officer who has paid his poll
tax, and such voters may also appoint the necessary assistant judges of election.
WHERE VOTER HAS REMOVED TO ANOTHER PRECINCT.
Iimmitizenmffter receiving his poll tax receipt or certificate of exemption, removes to
precincunmhe same county before the next succeeding election, he may vote at any general
election in the precinct of his new residence by presenting his poll tax receipt or certificate of ex-
emption to the precinct election judges, or by making due affidavit. #
WHERE VOTER HAS REMOVED TO ANOTHER COUNTY.
Sec. 29. If a citizen, after receiving his poll tax receipt or certificate of exemption, removes to
another county he may vote at an election in the precinct of his new residence in such other
county by presenting his poll tax receipt or certificate of exemption or his written affidavit of the
loss of his poll tax receipt to the precinct election judges, with his written affidavit, to be left with
the judges of election, that he is the identical person described in such poll tax receipt or exemption
certificate, and that he then resides in the precinct where he offers to vote and has resided for. the
last six months in the district or county in which he offers to vote; but he shall not be allowed to
vote * * * unless he shall have resided for the last six months within the county in which he
offers to vote. poLL TAX RECEIPT MUST BE PRESENTED.
Sec. 61. One of the election judges shall receive from the voter the poll tax receipt or certifi-
cate of exemption when he presents himself to vote; the voter shall announce his name, and the
judge, after comparing the appearance of the party with that given in the poll tax rolls or ceitifi
cate of exemption rolls and being satisfied that the certificate or receipt is a duplicate in number
and in other respects accords with the receipt or certificate number on the poll tax or exemption
rolls, shall pronounce in an audible voice the name of the voter and his number as given on the
poll tax receipts or exemption rolls. If the voter has lost his receipt or certificate, and shall pre-
sent his written affidavit to that fact, and if his appearance tallies witn to at given for the same num-
ber and name on the poll tax receipt or certificate rolls, and the judges of election shall be satisfied
that he paid his poll tax or received his certificate of exemption before the first day of the preceding
February, the judge shall in like manner pronounce in an audible voice the name and number of the
elector on the poll tax or exemption rolls, with the word “correct.”
THE OFFICIAL BALLOT.
ONE OFFICIAL BALLOT FOR EACH PARTY.
Sec. 76. There shall be one official ballot for each political party lawfully nominating candi-
dates for office to be voted for at each general or special election in each county, city or town.
MUST BE UNIFORM—TO BE FURNISHED BY COUNTY CLERK.
Sec. 58. The official ballot to be used in elections must be of uniform style, to be furnished by
the county clerk, unless from any cause those furnished should be exhausted or not delivered, when
the voters may prepare their own ballots, after the style of the sample ballots herein piodded for.
Before the election begins four instruction cards shall be posted up one hundred feet from the poll-
ing place, in addition to those required for voting booths. The form of instruction cards shall be
prescribed by the Secretary of State, and furnished twenty days before each general election to all
county clerks. At the top of each official ballot the words “Official Ballot” shall be printed in large
letters. All official ballots shall contain the names of all the candidates whose nominations for any
office specified on the ballot have been duly made and not withdrawn, as provided by this act,, and
the title of the office shall be properly stated.
VOTER MAY ERASE NAME AND INSERT ANOTHER.
Secs. 77-8-9. At the top of each Official Ballot you will find the words, “Official Ballot,” printed
in large letters, under which is printed the title of the Political Party nominating the candidates,
such as the “Democratic,” “Republican,” etc., under each the names of the respective candidates.
IF BALLOTS EXHAUSTED VOTER MAY PREPARE.
Sec. 58. The Official Ballot to be used in Elections must be of uniform style. If from any cause
those furnished should be exhausted or not delivered, the voter may prepare his own ballot, after
the style of the sample ballots prescribed by the Secretary of State.
HOW TO PREPARE BALLOT.
Sec. 63. When the judges are satisfied as to the right of the citizen to vote, and one,
nounced in an audible voice his name and the number of his poll tax receiptor certificate,
tion, and the word “correct,” the judge shall stamp in legible characters, with a stamp
rubber, said poll tax receipt or certificate with the words “voted.. .day.. .A. D.
same words in ink (showing date of voting), and then return said receipt or certificate
and shall at the time deliver to him one of each of the official ballots upon the blankt
which the presiding judge shall have previously written his signature. The voter shij
ately repair to one of the voting booths, or place prepared by the election offh
ballot he desires to vote and prepare same by striking out the name of any ■
he does not desire to vote for, and inserting the name of his choice underi
ASSISTANCE TO VOTER IN PREPARING BAl
Sec. 50. Not more than one person at one time shall be permitted i
ment or voting booth, except when a voter is unable to prepay
him, they having first been sworn that they will not suggest
voter shall vote; that they will confine their assistance to
candidates, and the political parties to which they belong
the voter shall himself direct. The judges who assist tjj
different political parties, if there be such judges pre§y
MARKED BALLOTS
Sec. 65. Any judge may require
ballot whether he has been furnished a
those for whom he has agreed or proposed to vote
session, and he shall not be furnished with an off
marked ballot or paper, if he has one, which, oi
by the judge.
MUTILATED
Sec. 68. No voter shall be entitled
until he first returns such ballot and it is deposj
more than three ballots in lieu of those mutjj
PASTED.
Sec. 741. No ballot which bears the
candidate shall be counted for the name so pasted.'
progress the tally clerks shall compare their tally lis\
ficially of their correctness.
DISTANCE MARKERS, 100
Sec. 52. The judges shall cause to be placed at the
Visible Markers in each direction of approaches to the poll
Markers,” to prohibit electioneering or loitering within 100
WHO TO BE PRESENT IN POLLING
Sec. 46. During the election and the counting of the ballots no p^
and clerks of the election and the voters herein provided for, for the purpose'
lots and voting, shall be permitted to be within the room in which the election isj
in which the ballot is prepared, and one thus offending shall on conviction be gul
meanor and fined in any court of competent jurisdiction in any sum not to exceed $100^
further provided, that any judge or assistant judge of the election, clerk or other perse
connected with the holding of an election, who may indicate by sign, symbol, writing, or coTT!
cate to any person whomsoever, as to what ticket, or how any person has voted, shall be guilty' oi
a misdemeanor, and ujjon conviction therefor shall be fined not less than one hundred nor more than^
five hundred dollars, and imprisoned not less than ten nor more than thirty days.
PENALTIES FOR VIOLATING THE ELECTION
LAWS.
Sec. 108. Any person who is found guilty of a misdemeanor under this act for a violation of
its provisions, shall be subject to a fine of not less than two hundred dollars nor more than five hun
dred dollars, or sentenced to hard labor on the public roads of the county in which the offense was
committed for any period of time not more than one year, or to both such punishments.
Sec. 109. Any person who at a general or special election, or at a primary election or primary
convention of a party, wilfully votes or attempts to vote in any other name than his own, or more
than once, is guilty of a misdemeanor.
Sec. 118. Any person who, during an election, wilfully defaces or injures an election booth or]
compartment, or wilfully removes any of the supplies provided for elections, or before the closing
of the polls wilfully defaces or destroys any list of candidates to be voted for at an election, which
have been posted in accordance with the election laws, or who, during an election, wilfully re-
moves or defaces the cards of instruction for voters, or distance-markers placed in accordance with
lawT, is guilty of a misdemeanor.
Sec. 121. Any person who attempts to falsely personate at an election another person, ana vote
or attempt to vote on the authority of a poll tax receipt or certificate of exemption not issued to him
by a county tax collector, is guilty of a felony, and shall be punished by hard labor within the walls
of a penitentiary not less than three nor more than five years.
Sec. 122. If any person shall make a false affidavit that his poll tax receipt or certificate of ex-
emption has been lost or mislaid,or wilfully and corruptly induce another to make such affidavit,he
shall be punished by imprisonment in the penitentiary not less than three nor more than five years.
Sec. 123. If any person shall wilfully alter or obliterate, suppress or destroy any ballots, election
returns or certificates of election, he shall be deemed guilty of a felony and imprisonment in the
State penitentiary not Jess than three nor more than five years.
Sec. 127. Any person who shall sell, pledge, loan or deposit his poll tax receipt or certificate
of exemption for money or any other thing of value, shall be deemed guilty of a misdemeanor. * * *
Sec. 130. Any person who shall do any electioneering, or solicit a citizen to vote for any person,
on election day within one hundred feet of a polling place, or who, being a precinct judge or clerk oi
an election, electioneers at any place on election day, either at a primary election or primary %
vention, or general election, or shall wilfully and illegally remove official ballots from the pej
place, or who, being a voter, shall show his ballot after he marks it so as to reveal the vote
prepared, or marks it otherwise than the law provides for identification, or who, being af
shall deliver to a precinct judge of election any other ballot than the one delivered to him by aj|
ao a polling place, or who, being a precinct judge or clerk of election, shall indicate by word, ges-
ture or sign to any citizen on the day of election how he desires him to vote, shall be guilty of
misdemeanor.
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McFarland, J. E. Cherokee County Banner. (Jacksonville, Tex.), Vol. 17, No. 46, Ed. 1 Friday, May 27, 1904, newspaper, May 27, 1904; (https://texashistory.unt.edu/ark:/67531/metapth508062/m1/3/: accessed June 2, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Jacksonville Public Library.