They shall be forwarded by the secretary to the inspectors in sealed packages, which shall not be opened until the opening of the polls in manner herein provided.

A record of the number of ballots sent to each board of inspectors shall be kept by the secretary.

TIME OF SENDING BALLOTS TO INSPECTORS.

§ 94. The ballots, specimen ballots, and cards of instruction herein provided for shall be sent by the secretary to the several boards of inspectors so that they shall be received at least two days prior to the election.

BLANK BALLOTS.

§ 95. As soon as practicable after the appointment of the several boards of inspectors, or immediately after a special election is ordered, the secretary shall supply the several boards of inspectors with blank ballots of the paper and character and lined as required herein.

The number of such blanks shall be at least twice as many as the number of voters in the several precincts wherein the election is to take place.

In case of any miscarriage or default whereby the printed ballots herein provided for shall not be available at any precinct for use on election day, whether by reason of their not being received by the inspectors or of their destruction or loss, the inspectors of such precinct shall ascertain, by examination upon oath or otherwise, who the duly nominated candidates for such district are, and shall cause to be prepared upon such blanks and as near as may be in accordance with the directions herein contained concerning the arrangement of the names sufficient ballots for the purpose of the election.

In no case other than that named in this section shall such blanks be used; and immediately after each election the inspectors shall return all unused blanks to the secretary.

METHOD OF FOLDING BALLOT.

§ 96. Before delivering a ballot to a voter, the inspectors shall fold it twice, first across the middle so as to form a rectangle, and again in the same manner and in the same direction, and in such manner as to conceal the contents thereof.

DELIVERY OF BALLOT TO THE VOTER.

§ 97. When any duly qualified voter shall offer to vote, the chairman of inspectors shall deliver to such voter a ballot or ballots for representatives or senators, as the case may be, properly folded as herein provided.

EXPLANATION TO VOTER.

§ 98. The inspectors of election may, and upon request shall, explain to the voter the mode of voting.

METHOD OF VOTING.

§ 99. Upon receiving the ballot so folded as aforesaid, the voter receiv ing the same shall forthwith proceed into one of the compartments provided for the purpose, and shall then and therein mark his ballot in the manner herein prescribed.

He shall then refold the ballot or ballots in the same folds as it or they were in when handed to him by the inspectors, and shall, without delay and without showing or in any way displaying the contents of the ballot to anyone except as provided in section 104 hereof, leave the compartment and deliver such ballot or ballots so folded to the inspector of election in charge of the ballot boxes, who shall not open or unfold the same, but shall examine the ends of the same sufficiently to be satisfied that there is but one ballot enfolded, whereupon the ballot or ballots shall be immediately dropped into the proper box or boxes by such inspector.

METHOD OF MARKING BALLOT.

§ 100. A voter shall designate his choice for senators by making a cross, thus, X, on the right-hand side of the ballot in the space or spaces provided for such purpose opposite the name or names of the candidate or candidates for whom he desires to vote.

A voter shall designate his choice for representatives by making an Arabic numeral or numerals on the right-hand side of the ballot, in the space or spaces provided for such purpose opposite the name or names of the candidate or candidates for whom he desires to vote, indicating the number of votes which he wishes to cast for such candidate or candidates.

SECRECY OF BALLOT AND INDEPENDENCE OF VOTER.

§ 101. No voter shall exhibit his ballot to any other person, nor shall any person look at or ask to see the contents of the ballot of any voter, except as provided in section 103 hereof; nor shall any person within the space set apart for a polling place attempt to influence a voter in regard to whom he shall vote for.

When a voter is in the balloting compartment for the purpose of marking his ballot no other person shall, except as provided in section 103 hereof, be allowed to enter the compartment or to be in position from which he can observe how the voter is marking his ballot.

BALLOT NOT TO BE TAKEN FROM POLLING PLACE.

§ 102. No person shall take a ballot out of the polling place; and if any person having received a ballot shall leave the polling place without first delivering the same to the inspector of election as provided herein, or shall willfully exhibit his ballot except as provided in section 103, after same shall have been marked, he shall thereby forfeit his right to vote, and the chairman of inspectors shall cause a record to be made of such proceeding.

INSPECTORS MAY ASSIST PHYSICALLY DISABLED VOTERS.

§ 103. Any voter who, by reason of blindness or other physical disability, is unable to mark his ballot, shall, if he so requests, receive the assistance of one of the inspectors in the marking thereof.

Before rendering such assistance the inspectors shall be satisfied that such physical disability exists.

SPOILED BALLOTS.

§ 104. If a voter spoils a ballot he may obtain one other upon returning the spoiled one. The ballot thus returned shall be immediately cancelled, and the reasons for such cancellation endorsed thereon and signed by the chairman of inspectors.

COUNTING BALLOTS.

§ 105. In so far as the limits of the room in which the voting takes place shall reasonably allow, no person shall be prevented from attending the counting of the ballots on election day, unless it is necessary so to do to preserve the peace.

METHOD OF COUNTING THE BALLOTS.

§ 106. Immediately after the close of the polls the chairman of inspectors shall open the ballot box and proceed to count the votes as follows: The whole number of ballots shall first be counted to see if their number corresponds with the number of ballots cast as recorded by the inspectors.

If there are more ballots than such record calls for, the chairman of inspectors shall replace all the ballots in the ballot box and close, lock, and shake the same so as to thoroughly mix the ballots.

The box shall then be opened and a cloth laid over it, and the chairman of inspectors, having first held up his open hand with the arm bared to his elbow, shall introduce his hand under the cloth covering the ballot box and draw therefrom, without looking, one ballot at a time, until the number of ballots in the ballot box is reduced to correspond with the number of names of voters who have voted, as recorded on the inspector's list.

The ballots so removed shall be marked immediately, before proceeding further with the count, in such manner that they can afterwards be identified and signed by the chairman of inspectors, and shall be preserved with the records.

§ 107. If the number of ballots correspond with the number of persons recorded by the inspectors as having voted, or shall be less than such number, or shall, by the means provided herein, have been made to correspond therewith, the inspectors shall then proceed to count the vote cast for each candidate.

BALLOTS TO BE REJECTED.

§ 108. If more names are voted for on a ballot than there are offices to be filled; or,

If on a ballot for representatives a larger number of votes are marked than the law authorizes; or,

If a ballot contains any mark or symbol whereby it may be identified, or any mark or symbol contrary to the provisions hereof; or,

If two or more ballots are found in the ballot box so folded together as to make it clearly evident that more than one ballot was put in by one person; or,

If a ballot in any other way be contrary to the provisions hereof, then such ballot and all it contains must be rejected.

But no ballot shall be rejected for containing a less number of names voted for than the law authorizes.

Each ballot which shall be held to be invalid as aforesaid shall be indorsed on the back by the chairman of inspectors with his name or initials and the word "rejected."

DECISIONS TO BE DELIVERED IMMEDIATELY.

§ 109. All questions as to the validity of any ballot shall be decided immediately, and the opinion of a majority of the inspectors shall be

final and binding, subject to revision by the supreme court, as herein provided.

BALLOTS TO BE READ ALOUD.

§ 110. In counting the votes the names of the persons voted for shall be read in a loud, clear voice by one of the inspectors, and a record thereof shall be made at once by one of the inspectors.

DECLARATION OF RESULT.

§ 111. When the inspectors have ascertained the number of votes given for each candidate, they shall make public declaration of the whole number of votes cast, the names of the persons voted for, and the number of votes for each person.

The chairman of inspectors shall cause a full record to be made of the same in the inspectors' record book; one copy of such result shall be sent to the sheriff or chief sheriff, as provided herein, and one copy forwarded to the secretary.

DISPOSITION OF ELECTION RECORDS.

§ 112. At the completion of the count after the close of the polls and the public announcement of the same, the inspectors shall immediately, in the presence of the candidates or of their agents and of any voters desiring to be present, make up into a packet all of the ballots sent to the inspectors by the secretary, including all blank ballots, whether used or not, and all printed ballots used, cancelled, or rejected, together with the register of voters received from the board of registration and the list of voters and all other records appertaining to the election, except the copies of the result of the election herein directed to be sent to the sheriff or chief sheriff and to the secretary.

Such packet shall be sealed by the inspectors with their own seal or seals and the seals of such candidates or agents of candidates as may desire to seal the same.

The inspectors shall thereupon mark such packet on the outside with the name and title of the secretary and a description of the contents thereof, substantially as follows, viz:

"Records of election for

18

representative district number polling precinct number island of " and immediately forward the same to the secretary of the Territory. Such packet shall not be opened or examined except in the presence of a judge of the supreme court, and after such examination it shall be resealed in the presence of such judge.

After the next general election the ballots may be destroyed by the secretary, and the other election records opened and filed in the office of the secretary.

TABULATION OF RETURNS AND DELIVERY OF CERTIFICATE.

§ 113. Immediately upon receiving the returns of election from the several boards of inspectors of any election district, the chief sheriff or sheriff, as the case may be, shall immediately tabulate such returns and ascertain the result of the election in such district.

The number of persons to be elected receiving the highest number of votes in any election district shall be declared to be elected, and the chief sheriff or sheriff, as the case may be, shall immediately deliver to the persons elected certificates of election.

A copy of such tabulated returns and of each certificate of election shall immediately be forwarded by the chief sheriff or sheriff, as the case may be, to the secretary. Such copy of a certificate sent to the secretary shall be considered an original.

FORM OF CERTIFICATE OF ELECTION.

§ 114. The certificate of election prescribed in the last section shall be substantially in the following form, viz:

"I,

"Certificate of election.

sheriff of

(or chief sheriff of the Terri

tory of Hawaii, as the case may be), do hereby certify that

resenative, as the case may be)

was, on the

day of

for a term expiring on the

"Witness my hand this

day of

day of

duly elected a (senator or rep-·

for the

election district

A. D. 18

18

"Sheriff of

"(or Chief Sheriff of the Territory)."

COMPENSATION OF ELECTION OFFICERS AND EXPENSES OF ELECTION.

§ 115. The treasurer shall pay out of such appropriations as may be made by the legislature for election purposes, to the members of the board of registration, seven dollars a day of not less than six hours for each day of actual service, which shall include traveling expenses; and to the inspectors of election the sum of ten dollars each for each election held; and shall also pay the necessary expenses of preparing the polls and holding the election, which expenses shall be regulated and limited by the treasurer, and shall not include the cost of refreshments.

REGISTERING DISTRICTS AND PRECINCTS.

For the purpose of the registering of electors the following are declared to be the districts and precincts of the Territory:

FIRST DISTRICT.

PUNA, HILO, AND HAMAKUA, ISLAND OF HAWAII.

First precinct.-All the district of Puna excepting Keaau and Olaa. Voting place, Pohoiki court-house.

Second precinct.-The lands of Keaau and Olaa, in Puna, and that portion of Hilo extending from the boundary of Puna to the bed of the Honolii Gulch. Voting place, court-house in Hilo.

Third precinct.-Extending from the bed of the Honolii Gulch to the bed of the Kawainui Gulch. Voting place, Papaikou schoolhouse. Fourth precinct.-Extending from the bed of Kawainui Gulch to the bed of the Waikaumalo Gulch. Voting place, Honomu schoolhouse. Fifth precinct.-Extending from the bed of the Waikaumalo Gulch to the bed of the Kaula Gulch. Voting place, court-house, Laupahoehoe.

Sixth precinct.-Extending from the bed of the Kaula Gulch to the bed of the Kalopa Gulch (Kuliu Gulch). Voting place, Kaohe schoolhouse.