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Election Ordinance, Nevada Constitution

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Nevada Constitution
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The Election Ordinance of the Nevada Constitution precedes the preliminary action, ordinance, and preamble, as well as 19 sections.

Election Ordinance

Text of Election Ordinance:

Whereas,

The enabling act passed by Congress and approved March Twenty first A.D. Eighteen Hundred and Sixty four, requires that the convention charged with the duty of framing a Constitution for a State Government “shall provide by ordinance for submitting said Constitution to the People of the Territory of Nevada, for their ratification or rejection” on a certain day prescribed therein; therefore this Convention organized in pursuance of said enabling act, do establish the following:

Ordinance

Section 1

Text of Section 1:

Proclamation by Territorial Governor; General Election

The Governor of the Territory of Nevada is hereby authorized to issue his proclamation for the submission of this Constitution to the people of said Territory for their approval or rejection on the day provided for such submission, by Act of Congress; and this Constitution shall be submitted to the qualified electors of said Territory, in the several counties thereof, for their approval or rejection, at the time provided by such Act of Congress; and further, on the first Tuesday after the first Monday of November A.D. Eighteen hundred and Sixty four, there shall be a general election in the several counties of said Territory for the election of State Officers, Supreme and District Judges, members of the Legislature, Representative in Congress and three Presidential Electors.

Section 2

Text of Section 2:

Qualified Electors May Vote for Adoption or Rejection of Constitution

All persons qualified by the laws of said Territory to vote for Representatives to the General Assembly on the said Twenty first day of March, including those in the Army of the United States, both within and beyond the boundaries of said Territory, and also all persons who may by the aforesaid laws, be qualified to vote on the first Wednesday of September AD. Eighteen hundred and Sixty four, including those in the aforesaid Army of the United States, within and without the boundaries of said Territory may vote for the adoption or rejection of said Constitution, on the day last above named. In voting upon this Constitution, each elector shall deposite [deposit] in the ballot box a ticket whereon shall be clearly written, or printed “Constitution Yes” or “Constitution No,” or other such words that shall clearly indicate the intention of the Elector.

Section 3

Text of Section 3:

Qualified Electors for First General Election

All persons qualified by the laws of said Territory to vote on the Tuesday after the first Monday of November AD. Eighteen hundred and Sixty four, including those in the Army of the United States, within and beyond the boundaries of said Territory, may vote on the day last above named, for State Officers, Supreme and District Judges, Members of the Legislature, Representative in Congress, and three Presidential electors, to the electoral college.

Section 4

Text of Section 4:

Elections: Places, Judges, Inspectors and Procedure

The elections provided in this Ordinance shall be holden at such places as shall be designated by the Boards of Commissioners of the several counties in said Territory. The Judges, and inspectors of said elections, shall be appointed by said Commissioners, and the said elections shall be conducted in conformity with the existing laws of said Territory in relation to holding the General election.

Section 5

Text of Section 5:

Election Returns

The Judges and Inspectors of said elections shall carefully count each ballot immediately after said elections, and forthwith make duplicate returns thereof to the clerks of the said County Commissioners of their respective Counties, and said Clerks, within fifteen days after said elections shall transmit an abstract of the votes including the soldiers vote, as herein provided, given for State Officers, Supreme and District Judges, Representative in Congress and three Presidential Electors, enclosed in an envelope, by the most safe and expeditious conveyance to the Governor of said Territory marked “Election Returns”[.]

Section 6

Text of Section 6:

Canvass of Votes; Proclamation; Issuance of Certificates of Election

Upon the receipt of said returns, including those of the soldiers vote, or within Twenty days after the election, if said returns be not sooner received, it shall be the duty of the Board of Canvassers, to consist of the Governor, United States District Attorney and Chief Justice of said Territory or any two of them to canvass the returns in the presence of all who may wish to be present, and if a majority of all the votes given upon this Constitution, shall be in its favor, the said Governor shall immediately publish an abstract of the same, and make proclamation of the fact in some newspaper in said Territory and certify the same to the President of the United States, together with a copy of the Constitution and Ordinance. The said Board of Canvassers, after canvassing the votes of the said November elections shall issue certificates of election, to such persons as were elected State Officers, Judges of the Supreme and District Courts, Representative in Congress and three Presidential Electors. When the President of the United States shall issue his proclamation, declaring this State admitted into the Union, on an equal footing, with the original states; This Constitution shall thenceforth be ordained and established as the Constitution of the State of Nevada.

Section 7

Text of Section 7:

List of Electors in Army of the United States

For the purpose of taking the vote of the Electors of said Territory who may be in the Army of the United States: the Adjutant General of said Territory, shall on or before the fifth day of August next following, make out a list in alphabetical order and deliver the same to the Governor, of the names of all the electors, residents of said Territory, who shall be in the Army of the United States, stating the number of the Regiment, Battalion, Squadron, or Battery, to which he belongs, and also the County or Township, of his residence in said Territory.

Section 8

Text of Section 8:

List of Electors in Army of the United States

Transmission of lists of electors in Army of the United States. The Governor shall classify and arrange the aforesaid returned list, and shall make therefrom separate lists of the electors belonging to each Reigment [Regiment], Battalion, Squadron and Battery from said Territory in the Service of the United States, and shall, on or before the Fifteenth day of August following, transmit by mail or otherwise, to the Commanding Officer of each Regiment, Battalion[,] Squadron and Battery, a list of electors belonging thereto, which said list shall specify the name[,] residence and rank of each elector, and the company to which he belongs, if to any, and also the County and Township to which he belongs, and in which he is entitled to vote.

Section 9

Text of Section 9:

Voting by Soldiers: Qualifications

Between the hours of Nine O’Clock A.M. and Three O’Clock P.M. on each of the election days hereinbefore named, a ballot box or suitable receptacle for votes shall be opened under the immediate charge and direction of three of the highest Officers in command, for the reception of Votes from the electors whose names are upon said list, at each place where a Regiment, Battalion[,] Squadron or Battery of Soldiers from said Territory in the Army of the United States may be on that day; at which time and place, said Electors shall be entitled to vote for all Officers for which by reason of their residence in the several counties in said Territory they are authorized to vote, as fully as they would be entitled to vote in the several Counties or Townships in which they reside, and the votes so given by such electors at such time and place, shall be considered, taken and held to have been given by them in the respective Counties and Townships in which they are resident.

Section 10

Text of Section 10:

Voting by Soldiers: Procedure; Count of Votes

Each ballot deposited for the adoption or rejection of this Constitution, in the Army of the United States shall have, distinctly written or printed thereon “Constitution Yes”, or “Constitution No”; or words of a similar import, and further, for the election of State Officers, Supreme and District Judges, Members of the Legislature, Representative in Congress and three Presidential Electors, the name and Office of the person voted for shall be plainly written or printed on one piece of paper. The name of each elector voting as aforesaid shall be checked upon the said list, at the time of voting by one of the said Officers, having charge of the ballot box. The said Officers having charge of the election shall count the votes and compare them with the checked list, immediately after the closing of the ballot box[.]

Section 11

Text of Section 11:

Voting by Soldiers: Transmission of Results

All the ballots cast, together with the said voting list, checked as aforesaid, shall be immediately sealed up, and sent forthwith to the Governor of said Territory at Carson City by mail or otherwise, by the Commanding Officer, who shall make out and certify duplicate returns of Votes given, according to the forms hereinafter prescribed, seal up and immediately transmit the same to the said Governor at Carson City by mail or otherwise, the day following the transmission of the ballots and the voting list herein named, the said Commanding Officer shall also immediately transmit to the several County Clerks in said Territory an abstract of the votes given at the general election in November, for County Officers marked “Election Returns”[.]

Section 12

Text of Section 12:

Voting by Soldiers: Form of Return

The form of returns of votes to be made by the Commanding Officer to the Governor and County Clerks of said Territory shall be in substance as follows, Viz:

“Returns of Soldiers, votes in the (here insert the regiment, detachment, battalion, squadron or battery)”--(For first election on the Constitution.) ..............................

I .............................. hereby certify, that, on the first Wednesday of September A.D. Eighteen hundred and sixty four the Electors belonging to the (here insert the name of the regiment, detachment, battalion[,] squadron or battery.) cast the following number of votes for and against the Constitution for the State of Nevada, Viz:

For “Constitution” (number of votes written in full and in figures.)

Against “Constitution” (number of votes written in full and in figures) ..............................

(Second election for State and other Officers) .............................. I .............................. hereby certify that on the first Tuesday after the first Monday in November A.D. Eighteen hundred and Sixty four, the Electors belonging to the (here insert as above) cast the following number of votes for the several officers and persons hereinafter named Viz: .............................. For Governor .............................. names of persons voted for, number of votes for each person voted for written in full and also in figures, against the name of each person. ..............................

For Lieutenant Governor .............................. name of Candidates, number of votes cast for each, written out and in figures as above. ..............................

Continue as above till the list is completed. ..............................

............................... Attest .......................

.......................................................................

.......................................................................

I, A.B ...........................................................

Commanding Officer of the (here Insert regiment[,] detachment, battalion, squadron, or battery as the case may be).

Ord., § 12

Section 13

Text of Section 13:

Voting by Soldiers: Territorial Governor to Furnish Form of Return

The Governor of this Territory is requested to furnish each Commanding Officer within and beyond the boundaries of said Territory, proper and sufficient blanks for said returns.

Section 14

Text of Section 14:

Applicability to Future Votes of Soldiers

The provisions of this Ordinance in regard to the Soldiers vote shall apply to future elections under this Constitution, and be in full force until the Legislature shall provide by law for taking the votes of citizens of said Territory in the Army of the United States[.]

Done in Convention, at Carson City the Twenty Eighth day of July, in the year of our Lord One Thousand Eight Hundred and Sixty Four and of the Independence of the United States the Eighty- ninth, and signed by the Delegates.

[Then follow the names of delegates who signed the constitution.]

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