Page images
PDF
EPUB

which their designators may have reached on being elected, for the purposes of articles 17 and 18 of this law.

No person who shall figure as a candidate for any public office whatsoever shall form a part of any electoral or provincial board.

CHAPTER XI.

ELECTIONS.

ART. 54. All voting for the election of public positions shall be done on one day. It shall commence at seven o'clock a. m. and shall cease at six o'clock p. m., at which hour the scrutiny of votes shall begin.

The day designated for any election shall be, or shall be declared, a holiday, either throughout the entire island, should the election be a general one, or in a specified locality, should the election be partial.

During the voting the forces of no armed institution shall be at the door of any voting place in any case whatever, nor shall they enter into the place except for cause of the breaking of the public peace, after being requested to do so by the president of the respective board.

ART. 55. Prior to the commencement of the voting at any polling place, a document wherein all the members of the board, including the clerks thereof, shall pledge themselves to faithfully comply with the obligations of their positions, in conformity with the law established, shall be publicly read by a member of the board.

After this pledge has been read, those binding themselves thereby shall say in a loud voice which may be heard by all in the place: "We promise (or swear) to comply with same in all faith," after which they shall sign, stating their positions or employment, and the electoral board shall be installed.

The signed promise shall form a part of the documents of each electoral board.

ART. 56. Prior to the commencement of the voting the president of the board, in the presence of the persons there assembled, shall open the ballot box and after showing, by turning it upside down, that it is empty, he shall place it on the table and invite those present to examine it. It shall then be closed and the president shall keep the key. Without same being opened again the president shall announce that the voting will commence, and after he has voted, the members and clerks, in case they should be electors, shall cast their ballots, the voting continuing until the hour designated.

ART. 57. No elector shall vote for a greater number of candidates than as stated below:

For the election of Representatives: In the electoral district of Havana, 11; in that of Santa Clara, 9; in that of Santiago de Cuba, 9; in that of Matanzas, 5; in that of Pinar del Río, 4; and 3 in that of Puerto Príncipe.

In cases of partial elections of Representatives or members of provincial councils, where less than three are to be elected, each elector may vote for the number to be elected. In case three are to be elected, no elector can vote for more than two.

ART. 58. In order to receive and credit the oath or affirmation of any elector in an electoral board, the presence of at least two of the members thereof will be necessary.

ART. 59. In each electoral section there shall be places set apart or in default thereof tables, sufficiently separated from the persons present and from the electoral board, in order that the elector may prepare his ballot without any other witness than the one he may choose, in case he should not be able to mark his ballot by himself. As many such tables or private places shall be furnished as may be necessary, at the rate of one for every one hundred electors, and in each such place or table there shall be the necessary writing materials. ART. 60. The voting being declared open, the electors shall approach the table one by one, announcing their names or presenting their certificates of inscription, which shall be examined and compared with the certified list of the electors registered in the college.

In case the elector is duly registered, the president will seal a ballot on the right hand of the upper front side and deliver it to him, indicating to him the place where he shall prepare same.

ART. 61. Each voter shall place a cross (+) within the rectangle on the left side of each line of the ballot, in order to indicate the candidate or candidates for whom he wishes to vote; but this, which shall be an indispensable requirement with respect to the candidates whose names are printed on the ballot, shall not be indispensable with regard to the candidate or candidates whose names the elector may write on the blank lines.

The electors shall not make any mark or writing whatsoever except the writing and marks to designate the candidates voted for.

After the ballot has been prepared, the voter shall so fold it that no part of the printed side shall be visible, and without unfolding it or exhibiting it to anyone shall deposit it within the ballot box.

The clerk shall note with the word "Voted" the name of the elector. ART. 62. An elector who does not know how or is unable to prepare his ballot may call on a person in whom he trusts to mark and prepare his ballot, provided the latter shall be an elector of the college, not allowing any other person whatsoever to be near enough to see or hear what is done or said while the ballot is being prepared.

66

ART. 63. If from any cause whatever a ballot is spoiled, the voter shall return it to the board, which shall write on the back thereof the word Returned." The president will repeat the foregoing procedure and will furnish another ballot to the voter. In case any elector should spoil a ballot for the third time another will not be given him.

ART. 64. Each candidate may authorize an electoral representative to watch over the compliance with the law in any board of the section or district wherein he is to be voted for, who shall have the right to witness the casting of the votes and the scrutiny thereof.

Every electoral representative shall be in his turn elector of the college wherein he serves, and upon being admitted by any board shall pledge himself to keep at a proper distance from the table, not to interfere with any act of the voters, except when any of them may require his services in order to prepare his ballot; not to induce anyone to vote for a certain candidate; not to endeavor to get any elector to inform him for whom he intends to vote or has voted, and to keep absolute secrecy over the choice made by the voters to whom he lent his services. ART. 65. The electoral representative who through his conduct may be prejudicial to the proper progress of the elections of a college shall be warned once by the President, and if he persists in his disturbance the President shall have the right to make him leave the place, making

a minute which shall be signed by all the members of the board, in which shall be set forth the reasons on which he based his action.

The candidate whose electoral representative has been obliged to retire from an electoral board may appoint another to substitute him. ART. 66. Every electoral representative, as well as any elector of the college, may challenge the exercise of the right of any voter, making in writing or signing before two witnesses a declaration of challenge (Form No. 4); and if the person challenged should maintain his right, he in his turn will make or sign before two witnesses an oath or affirmation in writing (Form No. 5) that he is qualified to make use of the electoral franchise, after which he may vote.

ART. 67. A voter who in case of challenge against him does not declare, affirming his right to vote, in the manner required, will not be allowed to vote.

ART. 68. When a challenge is decided against a voter after he has prepared his ballot it will be recovered by the board, and without being examined will be folded in four and marked on the back "Rejected upon challenge," retaining it for the corresponding count. ART. 69. At six p. m. the president will announce that the voting is to terminate with the voters who may be within the voting place, not permitting any other person to enter therein.

Immediately after the last of the persons present has voted the election shall be closed, not allowing entrance to any other person.

CHAPTER XII.

SCRUTINY.

ART. 70. The election having been closed, the counting of the ballots which may remain outside of the ballot box shall be proceeded with, grouping those returned, those rejected, and those not used, making a package of each pile, on the cover whereof there shall be written across the fold the contents thereof and the numbers, in letters. The ballots shall then be taken out of the ballot box, counting same without unfolding them, and comparing the number thereof with that of the list of voters. Then the number of ballots taken from the ballot box shall be added to the ballots already put up in packages, and the total obtained shall be compared with the number of ballots received from the municipal mayor's office.

Both results shall be noted in the minutes. Then the blank ballots shall be again placed in the ballot box and the board shall proceed to examine and decide the challenges. Forthwith it shall count and compare the number of votes which each candidate may have secured, the president taking the ballots out one by one and reading their contents in a clear and distinct voice.

ART. 71. If during the scrutiny two or more ballots should be found folded as one, both shall be rejected. There shall likewise be rejected: Ballots having more than one name marked for the office of governor of the province.

Those which may have marked a greater number of names than those which each elector has the right to vote for, or which may not have the signal or mark by which the candidacy should be designated. Those not marked with the seals of the provincial board, the munici

pal mayor, and the respective electoral board on the upper margin of the printed side.

ART. 72. There shall not be rejected any ballot which has any blot which may show to be the result of accident, nor because of any difficulty which may have been met in the preparation thereof, provided it can be determined with certainty, by means of an examination, in whose favor and for what office it has been intended to vote. ART. 73. In all cases in which a ballot is rejected the board will write on the back of it the reason for which it was rejected.

Any electoral representative entertaining any doubt as to the contents of any ballot which has been read may examine same for himself in the presence of the board.

ART. 74. The scrutiny over, the president will inquire if there is any challenge against the act as performed, and in an affirmative case the board shall determine same, adding it to the documents of the college.

A list of the candidates who have been voted for shall be made in triplicate, in which there shall be stated by groups the offices voted for, and in letters the number of votes which may have been obtained, the members of the board certifying and signing each list. After being read in a loud voice one copy thereof shall be forwarded to the provincial board, another to the central board of scrutiny, through the governor of the province, and the other shall be immediately posted for public notice in the place where the list of electors may have been previously posted.

If upon carrying out the scrutiny there should result culpability on the part of any elector, the board shall communicate the fact to the judge of instruction of the judicial district, in order that he may adjudge the consequent responsibility.

ART. 75. The electoral boards shall forward to the corresponding provincial board, in separate packages, properly closed and sealed, the valid ballots, those rejected, the challenges and the oaths or affirmations, as well as the documents of the elections, the contents thereof being set forth on the cover of each package, which will be signed by the members of the board, taking care that the writing and signatures cross the seal, and stating the quantity in letters.

When the papers are sent by mail the postmaster shall give a receipt showing the day and hour on which the packages or envelopes were delivered. When the consignee resides in the same locality a member of the board shall deliver the papers, under receipt, in which the day and hour of delivery shall be stated.

ART. 76. On the date following that set for elections each provincial board shall proceed to make the general scrutiny, rectifying the errors in addition which may appear in the partial scrutinies. It shall examine the challenges and all the electoral documents to ascertain whether the legal formalities have been complied with, forming from the packages of ballots a total which should be equal to the number of ballots sent out by the provincial board at the proper time.

The general scrutiny having been made, it shall proclaim the candidates who may have received the greatest number of votes for each office, notifying the civil governor of the province thereof for publication in the corresponding official newspaper and communicating the same to the central board of scrutiny, to which all the documents shall be forwarded. The list of the voters of the district by electoral

sections shall be published with the least possible delay in the official newspaper.

ART. 77. The provincial boards shall issue to each one of the candidates proclaimed a certificate showing the office to which he has been elected and the number of votes he has received.

The work of the provincial boards having been terminated by the proclamation of the candidates elected, the presidents shall declare them dissolved, so informing the central board of scrutiny.

CHAPTER XIII.

ELECTION OF SENATORS.

ART. 78. Each province will elect two senatorial electors for each member of their respective provincial councils and each elector can vote for: In the province of Havana, 27; in the provinces of Santa Clara and Santiago de Cuba, 20 each; in that of Matanzas, 16; in that of Pinar del Río, 13; in that of Puerto Príncipe, 11.

ART. 79. On February 18th those who have been elected senatorial electors shall appear at the capital of their respective provinces, forming themselves, with the provincial members of the respective councils, into an electoral board to elect four senators.

ART. 80. After being provisionally constituted under the chairmanship of the president of the provincial council, the electors shall present their certificates of election, a committee on credentials being appointed, which within five days shall render its report on same.

ART. 81. At 12 o'clock noon February 24th, 1902, the board shall again be constituted, and the report of the committee on credentials having been approved, the electoral board, composed of five members, shall be constituted, which shall elect from among its members, by majority vote, a president and a secretary.

The electoral board having been organized, the election shall be proceeded with by balloting, each elector voting four names for Senator. The election shall be held in conformity with the procedure laid down in Chapter XI of this law.

ART. 82. The voting being brought to a close and the scrutiny made, the four candidates will be declared elected who have obtained the highest number of votes.

The result will be communicated to the provincial board, accompanied by the documents. The provincial board, after the scrutiny has been made, shall proclaim the persons elected, notifying the governor of the Province for publication in the Official Bulletin, and communicating the fact to the central board of scrutiny, to which all the documents shall be forwarded.

CHAPTER XIV.

ELECTION OF PRESIDENT AND VICE-PRESIDENT OF THE REPUBLIC.

ART. 83. Each Province shall elect a number of Presidential electors equal to the number of Senators and Representatives which it may have in Congress.

ART. 84. The Province or electoral district of Habana shall elect 21 Presidential electors; that of Santa Clara, 18; that of Santiago de

« PreviousContinue »