of the State of Kentucky and have been such for at at least sixty days prior to said date; that I am a 19. and I will not vote elsewhere at said election. Subscribed and sworn to before me this day of 19.............. (Official Title.) The fiscal courts of the counties of which the "absent voters" are residents shall make provision to pay from the county funds the expenses incurred for stationery and printing necessary to carry into effect the provisions of this section. § 11. Preparation of Ballot by "Absent Voter." -When the "absent voter" receives such ballot and said two envelopes, he shall go before some civil officer authorized by law to administer an oath and before him make and subscribe to the affidavit on the face of the envelope No. 2; and shall, in the presence of such officer and no one else, mark the ballot so as to indicate the way he desires to vote, but in such manner as to prevent the officer from knowing how the ballot is marked or how he has voted; he shall then and while in the presence of the of 1 ficer fold the ballot in such way as to conceal the markings made thereon by him, and after the ballot has been so folded, he will enclose it in envelope No. 2, and seal said envelope and then enclose it in envelope No. 1, then seal and write his name across the face of that envelope, and at once affix the necessary postage thereto and mail it; provided that if such "absent voter" is in the military or naval service of the Commonwealth of Kentucky or the United States, he may do the things herein required to be done instead of before a civil officer, before any commissioned military or naval officer of the Commonwealth of Kentucky or the United States who is his superior. § 12. Ballots-Custody-Delivery to Election Officers. When the county clerk receives an "absent voter's" ballot, he shall at once endorse on the envelopes Nos. 1 and 2, the day and hour he received the same, and all such ballots received by him before the day on which a general election is held at· which said ballot is to be voted, shall be transmitted by him with envelope No. 2 unopened to the general election officers of the precinct or ward in which said "absent voter" is an elector at the same time the poll books and ballots for such election are delivered to them, and all such ballots for such election are delivered to them and all such ballots received by him on or after such general election day, shall be kept by him unopened until thirty days after such election, when the same shall, without being opened, be burned by the clerk in the presence of the judge and sheriff of his county. 13. Ballots-When and How Voted.-The election officers of any general election shall, while the polls are open examine such "absent voter's" ballots as have been delivered to them. If, upon such examination it is found that envelopes Nos. 1 and 2 are regular and in form and condition provided by this act, and that envelope No. 2 has not been opened but is properly sealed and the affidavit on the face thereof is regular and in the form provided by this act, the clerk of such election shall read aloud the name of such "absent voter" and after so doing, he shall then open envelope No. 2 and remove the ballot therefrom without unfolding it, and in such way as not to expose the markings thereon or how the "absent voter" has voted. He will then write his name on the back thereof and after so doing, place said ballot in the regular ballot box, and shall write on the ballot stub on which the name of such "absent voter" has been written by the clerk, the word "voted." The two envelopes shall be preserved by the election officers and treated in the same way as cast ballots, provided that when the name of the "absent voter" is read aloud by the clerk, the vote of such "absent voter" may be challenged and the challenge thereto may be determined and the vote accepted or rejected by the officers of the election as though the voter were present and voting in person. Provided, however, that if such envelopes Nos. 1 and 2 and the affidavit on the face of envelope No. 2 are regular, and substantially comply with the provisions of this act, they shall be considered as showing that the "absent voter" is prima facie entitled to vote, provided that if the vote of an "absent voter" is rejected, the clerk shall write on the ballot stub on which the name of such "absent voter" has been written by the county clerk, the word "rejected." 14. Election Returns.-The officers of the general election shall, in their election returns state the number of ballots shown by the stubs to have been sent by the county clerk to the "absent voters," the number of such ballots voted and the number thereof rejected. $ 15. Commissioned Officers Empowered to Administer Oaths and Affirmation.-All commissioned military or naval officers of the Commonwealth of Kentucky or the United States are hereby authorized and empowered to administer oaths and affirmations for the purposes specified in this act; and to every such oath or affirmation administered. by them, they shall subscribe their names and attach their official designations. § 16. False Registration Application-Affidavit-Penalty. Any person who willfully and knowingly makes a false application for the purpose of registering under the provisions of this act, or a false affidavit for the purpose of voting under the provisions thereof, when the same is either sworn to or affirmed by him, shall be guilty of a felony, and upon conviction, shall be confined in the penitentiary not less than one nor more than five years. § 17. Failure to Comply With Official DutiesPenalty. Any county clerk or any election officer who shall willfully refuse or neglect to perform and do any of the duties required of him by this act, or who shall in any manner willfully violate or abuse any trust or duty imposed on him by this act, shall be guilty of a misdemeanor, and upon conviction, shall be fined not less than one hundred dollars nor more than one thousand dollars. § 18. Unlawful Interference With Right of Voter-Penalty.-Any person who shall by menace, bribery, corrupt or arbitrary measure, offer or payment of reward, threat or infliction of punishment, interfere with any qualified voter or elector, in the free exercise of his right to register or vote under the provisions of this act, shall be guilty of a misdemeanor and upon conviction, be fined not less than one hundred dollars nor more than one thousand dollars. § 19. Jurisdiction-Prosecution. - Jurisdiction of any prosecution for a violation of any provision of this act, wherever the violation occurred, whether within or without this State, is hereby vested in the circuit court of the county to the clerk of which the application for registration or for a ballot was made. $20. Inconsistent and Conflicting Laws-Repeal.-All laws or parts of laws inconsistent or in conflict with the provisions of this act, are hereby, to the extent of such inconsistency or conflict, repealed. But the provisions of this act shall not apply to elections for municipal officers, members of school boards or trustees of common schools. Approved March 26, 1918. CHAPTER 38. AN ACT to enlarge and extend the powers, duties and privileges of the Insurance Commissioner and providing for the appointment of a Superintendent of Fire Insurance Rates and prescribing his duties and fixing his salary, and abolishing the State Insurance Board, and attorney therefor. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. There is hereby created in the Insurance Department the office of Superintendent of Fire Insurance Rates who shall be appointed by the Auditor for a term of two years and thereafter for a term of four years and who is hereby invested with the authority to and shall discharge all the powers, duties and privileges conferred by law upon the State Insurance Board. Said superintendent shall |