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the said judge shall summarily proceed to investigate whether such person is entitled to vote. Witnesses may be summoned in the usual way to testify in regard thereto. If the judge shall find that said person is not entitled to vote, he shall order such name to be stricken from the register by an order directed to the election inspector of said precinct, which order shall be served by the sheriff or coroner and carried into effect by said election inspector upon the evening of the day before said election takes place, unless changed, as hereinafter directed. As to all persons who have not been personally served, or have not entered their appearance such persons shall have the right to apply to said judge at any time before four o'clock p. m. on the day preceding the election to have said order set aside, and if, upon the hearing of said application, the said judge shall be of the opinion that said person was entitled to vote he shall set aside said order and shall cause notice thereof to be served upon the election inspector. The fees of the sheriff, clerk or coroner, shall be the same as are allowed in civil cases. The costs of such proceeding shall be paid by the electors making the application in the event a final order is not made granting the application; otherwise the costs of such proceeding shall be taxed against the county and paid as part of the election expenses. Said judge upon the application of the chairman of any political party having a ticket on the official ballot to be voted at such election, shall appoint special deputy sheriffs to be nominated by such chairman, and who shall have authority to serve and return such notices. The return of such notices shall be supported by the oath by the person making such service, whether he be a sheriff or a special deputy. All such special deputies shall be paid by the committee whose chairman nominated him for appointment, but he shall not be paid more than ten dollars per day for his services and expenses as special deputy sheriff.

This section 2 of the above act was created to be section 27 of the act of 1919, p. 736, being sections 6977x2 to 6977v3 inclusive. See title to act.

6977y3. Registering by signed application, penalty-3. That section 2 of the second above entitled act be amended to read as follows: Section 2. That section twelve (12) of the above entitled act be amended to read as follows: Section 12. Any person entitled to vote at such election, and who is required under the provisions of this act to register, in order to exercise such right, instead of registering in person as provided herein, may make an application similar to what would be required by him, if he were applying for registration in person. Such application shall be signed by the applicant. Said application when so signed may be delivered to the board of registration of the precinct in which said applicant resides, by any voter of the pre

cinct on the day and during the time said board is in session for the purpose of receiving applications to register, or said application may be mailed to the auditor of said county who shall deliver the same to the inspector or clerk in charge of said board, either on or before the day of said registration. If such board finds that such application conforms to the provisions of this act, they shall place the name of such applicant on the registration books of said precinct in the same manner as if said applicant had appeared in person. Any person who shall make a false statement in his application as to his qualifications as a voter in said precinct, shall be guilty of a felony, and upon conviction shall be imprisoned for not less than one (1) year, nor more than two (2) years and fined in any sum not exceeding five hundred dollars ($500) and disfranchised for any determinate period.

This section will not be operative according to the opinion of the AttorneyGeneral rendered March 9, 1921, as the section was not included in the title of the act. See section 6977i3.

There is no "second above entitled act" in the title.

[Acts 1921, p. 56. In force May 31, 1921.]

6977z3. Registering in wrong precinct, false statement, penalty.3. Any person who at the September session of the board of registration shall have by mistake registered in the wrong precinct, and any person who shall have registered at the September session of such board, and who thereafter shall have changed the place of his residence to another precinct in the same township, and who shall be entitled to vote at the election for which such registration is being had, may register in the precinct in which he then resides, at the October session of said board. Said person shall make out the regular application for registration, required by this act, and in addition he shall upon a blank to be furnished him by the board of registration, show the previous registration giving the number or the name of the precinct, and the facts as to how such previous registration came to be made, which statement shall be delivered to said board with such application. Thereupon said board, if such application and statement conforms to the provisions of this act, shall place the name of such applicant on the registration books of said precinct. At the close of said registration said board shall deliver such statement to the auditor of said county, who shall deliver the same to the inspector of the precinct in which such person was first registered, when he delivers the election supplies, and such auditor shall make a note in red ink on both of the registration books of the precinct in which such person was first registered, opposite the name of the person thereon calling attention to such statement.

Said statement may be substantially in either of the following forms:

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At the September session, 19...., of the board of registration, I, by mistake registered in ... ward,

city or town,

precinct,

township,

county, Indiana, when at such time I was and am

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Or such statement may be substantially in the following form:

19....

At the September session, 19...., of the board of registration I was a legal voter in ward,

city or town,

precinct,

....

township,

county, Indiana, and I duly registered in said precinct, at said session of said board. Since doing so I have changed my place of residence, and I now reside in in the same township, county and state.

precinct,

Any person who at the October session of the board of registration shall, by mistake, have registered in the wrong precinct, and who shall otherwise be entitled to vote at the election for which such registration shall have been had, may be registered in the correct precinct by the auditor of the county of which such person is a resident, in the manner hereinafter provided, and at any time after such October session and up to and including the tenth day prior to the day on which such election is held. Such person shall make out the regular application for registration required by this act, and, in addition, he shall, upon a blank to be furnished him by the auditor, show his previous registration, giving the number or name of the precinct, and the facts as to how such previous registration came to be made, which statement shall be delivered to the auditor along with the application. If such application and statement conforms to the provisions of this act, the auditor shall thereupon place the name of such applicant on the registration books of the proper precinct, and the auditor shall deliver such statement to the inspector of the precinct in which such person was first registered, when he delivers the election supplies, and such auditor shall make a note in red ink on both of the registration books of the precinct in which such person was first registered opposite the name of the person thereof, calling attention to such statement.

Such statement may be substantially in the following form:

19....

At the October session, 19...., of the board of registration, I, by mistake registered in precinct, ward,

.....

city or town,

county, Indiana, when at such time I was and am now a legal voter in

city or town, Indiana.

precinct,

ward,

township,

county,

Any person who shall make or present any such statement which is false, shall be guilty of a felony and upon conviction shall be imprisoned for not less than one (1) year, nor more than two (2) years and fined in any sum not exceeding five hundred dollars ($500) and disfranchised for any determinate period.

Any person who at the October session of the board of registration shall, by mistake, have registered in the wrong precinct, and who shall otherwise be entitled to vote at the election for which such registration shall have been had, but who is not aware that he has registered in the wrong precinct until he presents himself to vote at the ensuing general election, may be registered and permitted to vote in the correct precinct in the manner hereinafter provided. Such person shall make out the regular application for registration, required by this act, and, in addition, he shall procure from the election board of the precinct in which he is wrongfully registered a statement, signed by the judge and each of the clerks, setting forth the fact that such person is registered in such precinct, and he shall likewise procure a statement signed and sworn to by two qualified voters of the precinct in which such person is entitled to vote, setting forth that such person is the person he represents himself to be, that he is a resident of such precinct and that he has resided therein a sufficient length of time to qualify him to vote therein. Upon the presentation of the application for registration, the statement procured from the election board of the precinct in which he is wrongfuly registered and the statement signed by the two resident voters of the precinct in which he offers to vote, such person's name shall thereupon be entered in the registration books of such precinct and he shall be permitted to vote therein.

This section amends section 3, Acts 1920, p. 38.

See sections 6977f3 and 6977i3 for sections 1 and 2 respectively of the act of 1920, p. 38.

[Acts July special session 1920, p. 38. In force July 21, 1920.] 6977a4. Penalty for duplicate registration.-4. It shall be unlawful for any person to register at any such registration more

than once in any precinct, or in more than one precinct except as authorized by this act in case of a mistake or removal. It shall be unlawful for any person to present or file the application of any person for registration who has already been registered, except as authorized by this act in case of a mistake or removal. Any person violating any of the provisions of this section shall, upon conviction, be imprisoned not less than one (1) year nor more than two (2) years, or fined in any sum not less than fifty dollars ($50) nor more than five hundred dollars ($500), and disfranchised for any determinate period.

Section 5 of the above act provides that the act be in force and effect from and after its passage.

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[Acts 1921, p. 451. In force March 10, 1921.]

6981a. Special election September 6th, 1921.-1. That each and all of the proposed amendments to the constitution of the State of Indiana, which were submitted to the general assembly of said state at its regular session in 1919 and agreed to by a majority of the members elected to each of the two houses of said general assemly, and which were thereafter referred to the general assembly chosen at the next general election and agreed to by a majority of all the members elected to each house of such general assembly at its regular session in 1921, be submitted to the electors of the State of Indiana for their ratification or rejection at a special election to be held for that purpose on the "sixth" (6th) day of September [,] 1921.

6981b. Printing of ballots.-2. The state board of election commissioners shall cause to be printed a sufficient number of ballots on white paper to be used at such special election. On the fact [face] of such ballots shall be printed the respective proposed amendments so agreed to by a majority of the members in each house of the general assembly of 1919 and 1921 and the words "For the amendment" and "Against the amendment" opposite appropriate squares for marking the ballot. The square opposite the words "For the amendment" shall contain the word "Yes" and the square opposite the words "Against the amendment" shall contain the word "No."

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