States by reason of his color or previous condition of servitude.

Article XVIII was adopted by the legislature 1877 and 1879; ratified at the general election of 1880.

Election

ordinance.

Governor to

mation for

submission

of constitu

tion.

ELECTION ORDINANCE.

228. 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:

229. SECTION 1. The Governor of the territory of Nevada issue procla- 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.

Qualified voters.

What officers may be voted for.

230. SEC. 2. 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, A. D. 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 deposit in the ballot box a ticket, whereon shall be clearly written or printed "Constitution-Yes," or "Constitution-No;" or such other words that shall clearly indicate the intention of the elector.

231. SEC. 3. All persons qualified by the laws of said territory to vote on the Tuesday after the first Monday of November, A. D. 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.

conducted.

232. SEC. 4. The elections provided in this ordinance How election shall be holden at such places as shall be designated by the tou 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.

233. SEC. 5. The Judges and Inspectors of said elections Returns, how shall carefully count each ballot immediately after such elections, made. 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."

publish

234. SEC. 6. Upon the receipt of said returns, including Board of those of the soldiers' vote, or within twenty days after the canvassers. 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, Governor to and make proclamation of the fact, in some newspaper in said. abstract of territory, and certify the same to the President of the United yote, and States, together with a copy of the constitution and ordinance. clamation. 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, Constitution this constitution shall thenceforth be ordained and established established. as the constitution of the State of Nevada.

issue pro

soldiers, how

233. SEC. 7. For the purpose of taking the vote of the Votes of electors of said territory who may be in the army of the United taken. 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

Governor to classify return lists.

Time of holding election.

direction.

regiment, battalion, squadron, or battery, to which he belongs, and also the county or township of his residence in said territory.

236. SEC. 8. The Governor shall classify and arrange the aforesaid returned list, and shall make therefrom separate lists of the electors belonging to each regiment, battalion, squadron, and buttery 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.

237. SEC. 9. Between the hours of nine o'clock A. M. and three o'clock P. M., on each of the election days herein before named, a ballot box, or suitable receptacle for votes, shall be Under whose opened, under the inmediate 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 elector 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.

Ballot, what to contain.

66

238. SEC. 10. 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' duty. 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.

Returns,

when and

made.

239. SEC. 11. All the ballots cast, together with the said where to be 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."

240.

SEC. 12. The form of returns of votes to be made by Form of the commanding officer to the Governor and County Clerks of returns. said territory shall be in substance as follows, viz:

"Returns of soldiers' votes in the (here insert the regiment, detachment, battalion, squadron, or battery).

I,

(For first election-on the constitution.)

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 sixtyfour, 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-(names of candidates, number of votes cast for each written out, and in figures as above.) Continue as above till the list is completed.

I. A. B.,

Attest: Commanding officer of the (here insert regiment, detachment, battalion, squadron, or battery, as the case may be.)

to be

241. SEC. 13. The Governor of this territory is requested Blank returns to furnish each commanding officer, within and beyond the furnished. boundaries of said territories, proper and sufficient blanks for said returns.

242. SEC. 14. The provisions of this ordinance in regard Provisions to to the soldiers' vote shall apply to future elections under this apply to constitution, and be in full force until the legislature shall elections.

pro

future

vide 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.

J. NEELY JOHNSON, President of the convention and delegate from Ormsby county.

WM. M. GILLESPIE, Secretary.