A bill to change the manner of Voting at elections and for other purposes.
1Sec[Section] 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That in all elections hereafter to be held, whether civil or Military, The electors
shall Vote by ballot, upon the face of which shall be placed the name of each person
Voted for, and for what office, and the name of the elector, Shall be written on the
back thereof, each elector Voting but one ticket, which he shall hand to some one
of the Judges, who shall deposite ^it^ in ^a^ box prepared for the purpose. The Clerks shall number and record the2 name of said elector on their poll books.
Sec. 2. When the poles[polls] are closed, and not until then, the votes shall be counted, one of the Judges in
the presence of the others, shall read the face of the tickets, and the Clerks shall
annex to the name of each Candidate the votes he shall ^have^ received, by plain marks or talies[tallies], and when through the whole, count the tickets, and see that their whole number agrees
with the number of electors, no ticket shall be counted or the votes thereof annexed
to the name of any Candidate unless the name of the elector shall appear on the back
of said ticket. The aggragate[aggregate] Vote given to each Candidate shall be made out, and the returns thereof made as heretofore
required by law.
Sec 3. It shall be the duty of the Judges of elections, to deposite with one of their own body, the tickets given at such election. The taly[tally] sheets keep[kept] by the clerks when counting the votes— a copy of the poll books—and of their returns—
to be safely kept by said Judge, until the time shall have expired for Contesting
any of said elections, and unless an election shall be contested, The Judges thereof
shall not disclose the vote of any elector under any pretence whatever and in case of a contested election, the poll books, tickets &c[etc] thus deposited, shall be received as evidence in all cases
Sec. 4. That if any Judge or Clerk whose duty it is ^or may hereafter be^ to hold an elections— or make returns thereof—shall wilfully fail, neglect or refuse to perform such duty at the time, and
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place, and in the manner, prescribed by law, such Judge or Clerk shall be deemed guilty
of And upon indictment and conviction thereof, in any Circuit Court in this state, he
shall be confined in thepenitiary of this State for a period of not less than two, nor more than ten years
Sec. 5. If any person or persons whatsoever, shall bet, wager, or hazard upon any election,
or Candidate whatsoever, directly or indirectly, in any manner relating to an election,
any money, property, or other Valuable thing, whether the money[,] property[,] or other Valuable thing, be stated at the time, or not, such person so betting, wagering,
or hazzarding, shall be subject to indictment in any of the Circuit Courts of this State, and if convicted thereof, shall be fined in double the amount of money, or Value
of the thing bet by ^him or them,^ together with cost of prosecution in which shall be included a fee of ten dollars
to the prosecuting attorney in the case, Provided However that in no case shall the
fine be less than fifty dollars ^and cost^ which shall be paid or secured to be paid to the satisfaction of the court, or the
defendant shall be sent to the prison of said County for a term not less than ten
no more than twenty days. And it is hereby made the duty of each of the Circuit Judges
of this state to give, or cause this section to be given, in Charge to the Grand Jury of each of
the Circuit Courts hereafter ^to^ be held in this state.
Sec. 6. That in all elections hereafter held in this state, the Judges and Clerks thereof are hereby expressly instructed & directed to regard
the term “Inhabitant” and “Citizens” to mean the same thing, the same person, and
the term Alien not to mean either “inhabitant” or “Citizen,” & until such Alien shall
have availed himself of the benefit of the acts of Congress on the subject of naturalization and thereby becoming an inhabitant and citizen, in
the legal acceptation of those terms, said Judges and Clerks shall reject all Alien
votes.
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No 82
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56
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A bill for an act to change the manner of voting at elections & for other purposes.
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[01]/[12]/[1839]
[01]/[12]/[1839]
2
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[01]/[12]/[1839]
[01]/[12]/[1839]
Com Judiciary
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[01]/[17]/[1839]
[01]/[17]/[1839]
lay table
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[01]/[18]/[1839]
[01]/[18]/[1839]
Com Elections
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[01]/[22]/[1839]
[01]/[22]/[1839]
Rejected.
1William H. Henderson introduced HB 136 in the House of Representatives on January 12, 1839. On January 17, the House tabled the bill. On January 18, the
House took up the bill, referring it to the Committee on Elections. The Committee
on Elections reported back the bill on January 22, recommending its rejection, and
the House refused to engross the bill for a third reading.
Journal of the House of Representatives of the Eleventh General Assembly of the State
of Illinois, at Their First Session, Begun and Held in the Town of Vandalia, December
3, 1838 (Vandalia,IL: William Walters, 1838), 205, 225, 234, 256.
Handwritten Document, 4 page(s), Folder 107, HB 136, GA Session 11-1, Illinois State Archives [Springfield, IL] ,