SUBMISSION OF CONSTITUTIONAL AMENDMENTS.
Mr. WILLARD introduced the following bill [S. 156] see page 86.
A BILL for an act providing for the submission to the electors of the Stale of Indiana for ratification or rejection f any Constitutional amendment or amendments which may at any time be pro- posed and agreed to by two General Assemblies in succession, in accordance with the provisions of Article 16 of the Constitution of the State of Indiana, prescribing certain duties of officers of election and other, providing penalties for violation thereof, repealing all laws in conflict therewith, and declaring an emergency.
Whereas, We are in favor of the submission of all proposed Constitutional amendments to the people according to the provisions of the Constitution for its own amendment, and the people have the right to oppose or favor the adoption of any or bill amendments at any or all stages of their consideration and any submission of Constitutional amendments to a vote of the people should be at a time and under circumstances most favorable to a full vote, and, therefore, should be at a general election. Therefore,
Section 1. Be it enacted by the General Assembly of the State of Indiana that whenever any amendment or amendments to the Constitution of the State of Indiana shall have been proposed and agreed to by two successive General Assemblies, in accordance with the provisions of Article 16 of the Constitution of the State of Indiana, the same shall be submitted to the electors of the State for their ratification or rejection at the general election next succeeding, at which Representatives in the General Assembly shall be elected.
Sec. 2. The Secretary of State shall on the first Tuesday in October, immediately preceding said general election, cause to be prepared ballots, on each of which shall be printed the proposed amendment or amendments, numbered severally, and below any proposed amendment shall be printed the word "yes" in one line and in another line the word "no." He shall on said first Tuesday in October send to the sheriff of each County a number of said ballots, not less than three times the number of votes cast in said County at the last general election: and the Sheriff shall, Immediately after receiving said ballots, deliver to the Trustees of each Township in his County a number of said ballots not less than double the number of votes cast at said election in said Township. It shall be the duty of each Trustee to see that a number of said ballots, not less than double the number of votes cast at said election in each Precinct in his Township, be in the hands of the Inspector thereof at the opening of the polls. The Inspector shall, on request, deliver to each elector at the time of the election one of said ballots. The Secretary of State shall also procure and furnish on said first Tuesday in October, as other election papers are furnished, the blanks for the poll-lists; tally sheets and certificates required by this act.
Sec, 3 Any qualified elector may vote at such election, for or against any or all proposed amendments, by depositing one of said ballots in the ballot-box. If he in- tends to vote for any amendment he shall leave under the same the word "yes" and erase the word "no" by drawing a line across it or otherwise. If he intends to vote against any amendment he shall leave under the same the word "no" and erase the word "yes," and the votes cast shall be counted accordingly. I', 'under any proposed amendment or amendments as printed on page: 103[View Page 103] said ballots, the words "yes" and "no" shall both remain without erasure, or both be erased, then such ballot shall not be counted as a vote either for or against that amendment under which said words so remain, but no elector shall vote more than once at such an election.
Sec. 4. The laws of this State governing gen-elections as to the organization, powers and duties of election Boards, and the return and canvassing of votes, shall be observed by the several Boards of Election in making return and canvass of the votes cast at the election herein provided for, so far as they may be applicable, modified, however, as to the contents and return of certificates to correspond with the requirements of this act.
Sec. 5. The Board of Election of each Precinct shall count the votes for and against each proposed amendment separately, and also the whole number of electors who voted at the election, and certify all said numbers, specifying separately the number of votes cast for any proposed amendment, and the number cast against any, and the whole number of electors who voted at the election, over their signatures or the signatures of a majority of them to the Clerk of the Circuit Court in their County within two days after the election. The Clerk of each County shall, within four days after said election, ascertain from such certificates the total vote in his County for and against each proposed amendment separately, and also the whole number of electors who voted at the election and certify the same to the Secretary of State. The Secretary of State shall, as soon as possible after the election, determine from said certificates of the Clerks of the several Counties the total vote cast in the State for and against any proposed amendment separately and also the total number of electors who voted at the election, and certify the same to the Governor; and the Governor shall immediately issue and publish his proclamation declaring therein the number of votes cast in the State for and against any proposed amendment separately, and also the whole number of electors who voted at the election. And if it shall appear that the number of votes cast in the State for any one or more of proposed amendments was greater than the number of votes cast against the same amendment, and equal to the majority of all the electors who voted at the election then each such amendment shall be deemed and taken to have been ratified by the electors of the State, and become part of the Constitution, and shall be so declared by the Governor in his proclamation. But if it shall appear that any proposed amendment has received in its favor a number of votes less than a majority of all the electors who voted at the election, then each such amendment shall be deemed and taken to have been rejected by the electors of the State, and shall be so declared by the Governor in his proclamation. For the purpose of the ratification or rejection of any proposed amendment or amendments the number of electors who shall vote at the election herein provided for shall be conclusively taken and deemed to be the whole number of electors in the State. The certificate of the Secretary of State, herein provided for, and the proclamation of the Governor, based thereon, shall be final and conclusive evidence of the number of votes cast for and against each amendment, and of the whole number of electors who voted at the election, and of the ratification or rejection of each proposed amendment, as the case may be. In all proceedings had under this act any proposed amendment may be designated by number, except in the ballots.
Sec. 6. Nothing in this act contained shall be construed to require the use of the ballots provided for in this act, to the exclusion of other written or printed ballots, and all ballots cast shall be counted and returned in accordance with the intention manifested on the face thereof.
Sec. 7. Any officer whose duty it is, under this act, to make or sign any return or certificate of the number of votes cast for or against any proposed amendment or amendments or of the number of electors who voted at the election, who shall knowingly make or sign any false return or certificate of any such number, and any officer violating any of the provisions of this act, or failing to discharge any duty by this act imposed on him, shall be guilty of a misdemeanor, and on conviction thereof, shall be fined in any sum not exceeding $1,000, to which may be added imprisonment in the County Jail for any period not exceeding six months.
Sec. 8. If any elector shall cast, or personally offer, or attempt to cast more than one ballot at such election, he shall be deemed guilty of a misdemeanor, and on conviction thereof he shall be fined in any sum not exceeding $500, to which may be added imprisonment in the County Jail not exceeding six months. If any person shall vote, or offer to vote, on any amendment or amendments without being a qualified elector in the Precinct in which he so votes or offers to vote, he shall be liable to all the pains and penalties provided by law for the like offense at a general election.
Sec. 9. It shall be the duty of the Governor, on the first Tuesday in September immediately preceeding such general election, to issue a proclamation notifying the electors of the State of the election therein provided for. It shall be the duty of the Secretary of State to cause said proclamation and this act to be printed for the purposes of following, and transmit to the Sheriff of each County, with the ballots and blanks herein before provided for, a sufficient number of such printed copies to enable such Sheriff to deliver four of the same to each Clerk, four to each Auditor, one to each Township Trustee for himself and one for each Inspector of Election in his Township, other than himself, which it shall be the duty of such Sheriff to do. It shall be the duty of the Secretary of State to send the printed copies of this act, and the Governor's proclamation, and the ballots, poll-list, tally sheets and certificates which he is by this act required to send to the Sheriffs of the several Counties, by express to all Counties, with the County seat, of which there is communication in that manner from Indianapolis, and to the Sheriffs of other Counties by special messengers. And it shall be the duty of the Clerks of the several Counties to make in duplicate the certificates herein required from them, and to send one of said duplicates to the Secretary by mail and the others by express from every County from the County seat of which there is communication in that manner with Indianapolis and from other Counties by special messenger.
Sec. 10. The Secretary of State shall be allowed the actual expenses of printing the Governor's proclamation and this act, procuring the ballots, poll-lists, tally sheets and certificates and the expense of distributing the same and the expense of the transmission of the returns from the Clerk to him, to be audited by the Auditor of State and paid out of the State Treasury. The Sheriff of each County shall be allowed for his services $10 to be paid out of the County Treasury. The special messengers of the Secretary and the Clerks, if any shall be found necessary, shall be allowed $2 per day for the time necessarily occupied by them, and their actual necessary expenses of travel, to be evidenced by an itemized and verified account, filed with the Secretary and embraced in the expenses to be audited and paid out of the State Treasury as above provided.
page: 104[View Page 104]Sec. 11. It shall be the duty of every officer charged with any service under this act to perform the same with the utmost promptness and fidelity, but the failure of any such officer or officers to perform any duty such duty in the time or manner herein designated, or the failure of the electors in any Precinct or County to hold an election as herein provided, shall not in any manner affect the validity of such election.
Sec. 12. It is declared that an emergency exists, requiring that this act shall take effect immediately, and that the same shall be in force from and after its passage.
