AN ACT TO AMEND CERTAIN SECTIONS AND PARTS OF SECTIONS OF CHAPTER EIGHTEEN, KNOWN AS THE ELECTION LAW, AND CHAPTER SIXTY-FIVE, ON PENALTIES FOR VIOLATIONS OF CERTAIN ADMINISTRATIVE LAWS, OF ACT NUMBERED TWENTY-SEVEN HUNDRED AND ELEVEN, ENTITLED "AN ACT AMENDING THE ADMINISTRATIVE CODE," TO MAKE MORE EFFECTIVE THE PROVISIONS AND PURPOSES OF SAID ELECTION LAW AND FOR OTHER PURPOSES.

• Number: Act No. 3030
• Sections: 71

Preamble

"SEC. 397. Expenses of elections.—The pay of election boards and the expense of stationery, ballots, and all other expenses of election shall be paid in full by the municipal treasurer concerned, and the cost thereof shall be prorated between the treasuries of the Insular and provincial governments and of municipal government of the municipality in which the election is held.

"The expenses incident to the holding of the first special election in a new municipality shall be advanced, so far as necessary for the proper conduct of the election, by the province, and such advances shall be afterwards collected from the municipality by the province."

Section 2

SEC. 2. Section four hundred and three of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 403. Limitation upon reelection to same office.—The incumbent of any elective office may become a candidate to succeed himself, but a third reelection to the office of provincial governor and municipal president is prohibited."

Section 3

SEC. 3. Section four hundred and four of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 404. Certificate of candidacy.—No person shall be eligible for the office of senator, representative, or for any elective provincial or municipal office unless, within the time fixed by law, he shall file a duly verified certificate of candidacy.

"Said certificate shall declare that the persons whose signature it bears announces, or permits to be announced, his candidacy for the position in question; that he is a resident of the electoral district or of the province or municipality, as the case may be, in which his candidacy is offered; that he is a duly qualified elector therein, and that he is eligible to the office. The certificate shall also state the name of the political party to which the candidate belongs, or that he belongs to none, if such be the case, and the post-office address of such candidate for all electoral purposes. Each candidate for an Insular or provincial office or for municipal president shall sign a sworn statement in which he shall state that his expense budget for the electoral campaign will not exceed one-third of the salary attached to the office for the term of the same. This statement shall be filed together with the certificate of candidacy: Provided, That a group of not less than ten electors may likewise file the certificate of candidacy for any municipal office, of any person consenting to or permitting his candidacy to be announced: Provided, further, That in case there are two or more candidates for the same elective office who have the same name and surname, any one of them who has at any time been elected to any elective Insular, provincial or municipal office may continue using the name and surname set for in his previous certificate of candidacy, while the others shall be obliged to state in their certificates of candidacy, in addition to their name and surname, their second name or maternal family name; and in case these candidates present them­selves for the first time for the same elective office, they shall all be obliged to state in the certificate of candidacy, in addition to their name and surname, the second name or maternal family name."

Section 4

SEC. 4. Section four hundred and five of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 405. When and with whom certificate of candidacy to be filed.—The certificates of candidacy for the office of senator and representative shall be filed not less than twenty days before the day set for the election with the Chief of the Executive Bureau, who shall immediately send certified copies thereof to the secretaries of the Houses of the Legislature and to the provincial boards where the elections are to be held, which latter shall forward certified copies to all polling places: Provided, That without prejudice to the foregoing provisions, the Executive Bureau shall communicate the names of the candidates who have sent their certificates of candidacy to it, to the provincial boards by telegraph, if there be any.

"Certificates of candidacy for the provincial offices shall be filed not less than twenty clays before the day of the election with the recorder of the provincial board of the province concerned, who shall submit them immediately to the provincial board, and the latter shall forthwith order certified copies sent to all the polling places of the province.

"Certificates of candidacy for municipal offices shall be filed not less than ten days before the day of the election with the municipal secretary, who shall immediately re­port the same to the municipal council, and said council shall order certified copies thereof sent to the polling places of the municipality concerned.

"It shall be the duty of the Chief of the Executive Bureau, the recorder of the provincial board, and the municipal secretary, upon receiving any certificate of candidacy, to acknowledge receipt thereof: Provided, That in case of the death or disqualification of a candidate for any Insular, provincial or municipal office whose certificate of candidacy has been duly filed, after expiration of the time limits above established, any legally qualified elector may file either with the recorder of the provincial board or with the municipal secretary, without distinction, not later than the noon hour on the clay of the election, his own certificate of candidacy for the office for which the dead or disqualified person was a candidate: Provided, however, That in the event of the death or disqualification occurring on the day before the election or before the noon hour on the day of the election, said certificates shall be filed with any board of inspectors of the municipality where he resides."

Section 5

SEC. 5. The last paragraph of section four hundred and eight of Act Numbered Twenty-seven hundred and eleven is hereby repealed.

Section 6

SEC. 6. Section four hundred and ten of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 410. Arrangement of precinct.—The precincts shall be so arranged that no precinct shall have more than three hundred voters, and each shall comprise, as far as practicable, contiguous and compact territory.

"When it appears from the results of any registration or election that a precinct contains more than three hundred voters, the municipal council shall, at least four months prior to the next election, make such adjustment or new division as may be necessary.

"When a municipality has been merged into another so as thereby to become a barrio, this barrio shall also constitute at least one voting precinct, if the distance between the remotest barrio of the merged municipality and the nearest polling place of the municipality to which it is annexed shall, by the shortest road, exceed five miles."

Section 7

SEC. 7. Section four hundred and thirteen of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 413. First election in new municipality.—For the first election in a new municipality the provincial board shall divide the new territory into election precincts and shall appoint the necessary inspectors of election and poll clerks and a suitable person to perform the duties of municipal secretary with respect to such election, all of whom shall act until their successors are chosen and qualified, and shall designate the necessary polling places and provide the supplies for such election, the expense of all of which shall be payable by the new municipality: Provided, however, That in case the municipal council is already acting at the time when a general election is held, all the powers vested by this section in the provincial board shall pass to the municipal council, and the appointment of the inspectors and poll clerk shall be made in accordance with the provisions of section four hundred and seventeen, on the basis of the preceding election of the governing or original municipality."

Section 8

SEC. 8. Section four hundred and fourteen of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 414. Designation and arrangement of polling places.—At least eighty days before each general election the municipal council in each municipality in which such elections to be held shall designate in each election precinct a place, as centrally located with respect to the residences of the voters as is practicable, where the elections and the meetings of the board of inspectors for registration shall be held during the year. Each place so designated shall, if practicable, be a room upon the lower floor, of reasonable size, sufficient to admit and comfortably accommodate twenty electors at one time outside the guard rails. No liquors shall be sold or cockfights held in any building so designated from the time of designation until the day after election. If for any cause a place so designated shall thereafter and before election be destroyed or for any cause cannot be used, the municipal council shall forthwith meet and designate some other suitable place for holding such registry and election. Not more than one polling place shall be in the same room, and not more than two polling places shall be in the same building. Whenever the municipal council shall be unable to procure suitable places, or whenever it shall be more economical so to do, such council may provide temporary or portable structures adequate to the purpose, and shall take such measures as are proper and necessary for the storing thereof and reelection of the same at the following election. Such structures may be erected in any public street or plaza, but not so as to block traffic thereon. No building owned or inhabited by any person who is a candidate for any office for which votes are to be cast in any precinct shall be used as a. polling place for that precinct.

"The Chief of the Executive Bureau shall prepare and furnish all office supplies and other materials necessary for the registration and holding the election, boxes for the ballots and other papers used in the election, which shall be uniform throughout the Islands and shall be solidly constructed in such manner that they can not be opened except by means of three different keys, and that the lock registers each time they are opened, and one of said keys shall during the voting and the counting of the votes be in the hands of each inspector and all shall be surrendered to the municipal treasurer immediately upon the completion of the count in a separate envelope, sealed and signed by the watchers present and by each inspector, and said treasurer shall deliver one to the provincial treasurer, the other to the clerk of the court of first instance, and the third to the district commander of the Philippine Constabulary, which officers shall demand said keys if they do not receive them within a reasonable time, and shall keep them for a period of six months, unless sooner demanded by the proper courts, and shall at the expiration of such period return them to the provincial treasurer, who shall keep them until the next election. The box for valid ballots shall be white and shall bear the following inscription in large, legible letters: Box for valid ballots; and the box for spoilt ballots, which shall be much smaller than the other, shall be red and shall bear the following inscription in large, legible letters: Box for spoilt ballots.

"The place set aside for a polling place shall have in front a sign showing the precinct to which it belongs, and on days of meetings of the board of inspectors the official flags of the Government shall be hoisted at the same at the proper height.

"The Chief of the Executive Bureau shall see particularly that the local authorities perform faithfully and impartially the ministerial duties assigned to them by this Act, and may for this purpose apply for the aid of the services of the Office of the Attorney-General, designate as its deputies the provincial fiscals and other officers or agents of the law that may be necessary to secure an orderly, free, and honest election."

Section 9

SEC. 9. Section four hundred and fifteen of Act Numbered Twenty-seven hundred and eleven is hereby amended by adding at the end of said section, the following:

"Behind the space occupied by the table of the board of inspectors there shall also be another guard rail, one meter high, which shall separate said board of inspectors from the watchers; the table of the board shall be placed eighty centimeters from said guard rail in order that the watchers may be able to clearly read the contents of the ballots and see and count the votes recorded by the inspector on the tally sheet.

"The Chief of the Executive Bureau shall either personally or through some other Insular or provincial officer see that the polling places are located, constructed, and arranged in accordance with this and the last preceding section, and all orders given in this respect by him or his agents shall be strictly carried out.

"Opposite from where the watchers are located, blackboards shall be placed on which the names of all candidates with registered certificate shall be written, and the clerk shall tally the votes as the ballots are being read by the chairman.

"The division of the polling place and the location of the voting booths, guard rails, blackboards, and inspectors table and chairs, shall as nearly as possible conform to the following sketch:

See Printed Copy Volume 17 Page 161

Section 10

SEC. 10. Section four hundred and sixteen of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 416. Liquors, cockfighting, arms, etc.—The sale, dispensing or offering of intoxicating liquors shall be absolutely prohibited on the days of the registration of electors, on the eve of the day of the voting and during the entire time of the counting of the votes.

"No temporary booths, tents, or shelters of any kind for the sale, dispensing or display of any wares, merchandise, or refreshments, solid or liquid, or for any other purpose whatsoever, shall be erected or maintained within thirty meters of any polling place on the days and hours of the registration, voting, and counting; nor shall any cockfight or horse races be held in any municipality upon any election day.

"It shall be unlawful for any person other than a policeman or peace officer to carry firearms or any other kind of arms within a distance of fifty meters from any polling place, during the days of the registration, voting, and counting."

Section 11

SEC. 11. Section four hundred and seventeen of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 417. Appointment of inspectors and poll clerk.—It shall be the duty of the municipal council in each municipality wherein a general election is to be held to appoint, ninety days immediately prior to the date of such general election, three inspectors of election and one poll clerk, with their respective substitutes, for each election precinct therein, who shall hold office for three years or until their successors shall have taken charge o£ the same. The date of the meeting of the municipal council for the appointment of inspectors shall be published at least fifteen days in advance of such meeting, by the town crier and other means of publication. Should there be in such municipality one or more political parties or branches or fractions thereof, or political groups, then two of said inspectors and two substitutes for the same shall belong to the party which polled the largest number of votes in said municipality at such preceding election and the other inspector and his substitute shall belong to the party, branch or fraction thereof, or political group which polled the next largest number of votes at said election; and the inspectors so appointed shall be persons proposed by the legitimate representative or representatives of such political parties, branches or fractions thereof, or political group: Provided, however, That if on or before the date of the designation of the election inspectors as prescribed herein, any party, branch or fraction thereof or political group entitled to representation has not proposed eligibles for the office of inspector, the designation made by the council shall be final for such party or political group.

"A 'political party' is an organized group of persons who pursue the same political ideals in a government.

"A 'political group' is a number of persons who unite for election purposes.

"In case of a vacancy in the office of election inspector or poll clerk, the same shall be covered for the remainder of the term by the municipal council, as above provided.

"With the exception of the notaries public, no person who holds any public office, or is a candidate for any elective public office shall be eligible to appointment as inspector or poll clerk."

Section 12

SEC. 12. Section four hundred and twenty-one of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 421. Organization of board of inspectors—Filling of temporary vacancy.—Before otherwise entering upon their duties the inspectors of each precinct shall meet and appoint one of their number chairman, or, if a majority shall not agree upon such appointment they shall draw lots for such position.

"If at the time of any meeting of the inspectors there shall be a vacancy in the office of any inspector or poll clerk, or if any inspector or poll clerk shall be absent from any such meeting, except as provided in section four hundred and thirty-seven hereof, the inspector or inspectors present shall call one or more substitutes, as the case may be, belonging to the same political party, branch, or fraction thereof or local political group as the absent inspector or poll clerk, who shall take the oath of office before the inspector present and shall perform the duties imposed by law upon such substitute inspector or poll clerk until the absent person appears; if the substitutes cannot be found, then the inspectors present shall appoint a qualified elector of the precinct, at the proposition of the watchers belonging to the party of the absentee, who, in case of an inspector, shall be a member of the same political party or fraction thereof or political group as the absentee, to fill such vacancy until such absent officer shall appear or the vacancy be filled.

"The board of inspectors shall act through its chairman upon a majority vote of the members, the poll clerk having neither voice nor vote in its proceedings."

Section 13

SEC. 13. Section four hundred and twenty-four of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 424. Pay of inspectors and clerk.—Each inspector of election and poll clerk shall receive pay for each day of actual service at meetings of the board except the meeting on the Saturday before election and shall receive two days' pay for election day. The rate of pay shall be fixed by the municipal council but shall not be less than five nor more than fifteen pesos per day and shall not be changed during the term of office of the inspectors or of the clerk."

Section 14

SEC. 14. Section four hundred and twenty-six of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 426. Time for registration of voters.—The board of inspectors for each election precinct in which an election is to be held shall hold four meetings for the registration of voters at the place designated as polling place, before each general election, on the sixth Friday, sixth Saturday and the fifth Friday and fifth Saturday before the election. The said inspectors shall also meet upon the Saturday next before election for the purpose of correcting this list, by adding names thereto or striking names therefrom in accordance with the orders of the constituted authorities, as hereinafter provided, and to number and complete the list. Each meeting shall begin at seven o'clock in the morning and continue until seven o'clock in the evening with not more than one intermission of one hour and a half."

Section 15

SEC. 15. Section four hundred and twenty-seven of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 427. Mode of registration—Contents of list.—The inspectors of each election precinct shall prepare at such meetings a list of the names and residences of the persons qualified to vote in such precinct at such election who present themselves for registration, which, when finally completed, shall be the register of the voters of the precinct for such elections. Such lists shall be arranged in columns. In the first column there shall be entered, at the time of the completion of the registry, a number, opposite the name of each person registered, beginning with one and continuing in consecutive order to the end of the list. In the second column shall be placed the surnames used generally by such persons in alphabetical order; in the third column the respective Christian names of such persons; in the fourth column the respective numbers of the cedulas presented by the voters, with the date and year when issued; in the fifth column the respective residences of such persons by street and number, or, if there be none, by a brief description of the locality thereof; in the sixth column the qualification or qualifications by virtue of which he has taken the elector's oath, and in the seventh column there shall be inserted, on the day of the election, the consecutive voting number given to each voter.

"At each meeting, except the last, a space shall be left after each set of surnames beginning with the same letter sufficient for the addition thereto at subsequent meetings of surnames beginning with the same letter. Before any such names are added at any such subsequent meeting there shall be written 'added at the second meeting,' 'added at third meeting,' or 'added at fourth meeting,' as the case may be."

Section 16

SEC. 16. Section four hundred and twenty-eight of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 428. Exhibition of cedula for preceding year or of certificate in case of loss.—Before any name is placed upon the list the applicant for registration must first exhibit to the inspectors his cedula for the year preceding the year of the election, or a certificate in lieu thereof in case of loss, on the back of which cedula or certificate there shall be written in ink by any inspector the following remark: Registered in precinct number .... of the municipality of .................................., Province of ................................., this ........... day of .........................., 192....

------------------------------------------------

" (Signature of inspector.)

"The municipal treasurer shall send to all polling places a list of all persons who have obtained cedula certificates for registration purposes.

"And if the voter should be exempt from having one by reason of age, such fact shall be noted in the fourth column of the list."

Section 17

SEC. 17. Section four hundred and twenty-nine of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 429. Oath of applicant for registration.—The following oath shall be administered to and subscribed by each applicant before entering his name upon the list:

"PHILIPPINE ISLANDS,

Municipality of ....................................

"ELECTOR'S OATH

"I, ................................................................, do solemnly swear (or affirm) that I am a male resident of the municipality of ..............................................., in the Province of ......................................., residing at ..............................., and on the date of the forthcoming election I will be ...................... years of age, and should I present myself to vote I will have resided in said municipality continuously for the period of six months immediately preceding the said election; that I am not a citizen or subject of any foreign power; that I am a qualified voter because ...................................................................................................... (state here qualification claimed by affiant), and that I have none of the disqualifications prescribed by the election law; (and in case the voter applying for registration as such is illiterate or incapacitated, the following words shall be included in said oath): 'That I am incapacitated for preparing my ballot on the day of the election, for the reason that .............................................................................' (state here the reason for his inability to prepare his ballot); furthermore, that I recognize and accept the supreme authority of the United States of America in the Philippine Islands, and that I will maintain true faith and allegiance thereto; that I will obey the laws, legal orders, and decrees duly promulgated by its authority; and that I impose upon myself this obligation voluntarily and without mental reservation or purpose of evasion. So help me God. (In case of affirmation, the words 'So help me God' should be stricken out.)

------------------------------------

(Signature of elector.)

"Subscribed and sworn to (or affirmed) before me this .................... day of ................................., 192 ....

"Inspector of Election ...........................

Election precinct .................................

Municipality of .....................................

"Such oath may be administered by any one of the inspectors, but only at a meeting and in presence of the board. Upon completion of the lists by the board of inspectors all such oaths so taken shall be filed with the municipal secretary who shall retain them until the completion of the registration lists and filing of the oaths for the next general election."

Section 18

SEC. 18. Section four hundred and thirty-two of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 432. Disqualifications.—The following persons shall be disqualified from voting:

(a) Any person who, since the thirteenth day of August, eighteen hundred and ninety-eight, has been sentenced, by final sentence, to suffer not less than eighteen months of imprisonment, such disability not having been removed by plenary pardon.

(b) Any person who has violated an oath of allegiance taken by him to the United States.

(c) Insane or feeble-minded persons."

Section 19

SEC. 19. Section four hundred and thirty-three of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 433. Certificate of inspectors—Disposition of lists.—At the close of each meeting for the registration of voters, the inspectors shall append to each of the lists a certificate signed by all of them stating that the list as it then appears is a true and correct list of the names and residence in such precinct of all persons who have personally appeared before the board and who have requested that their names be placed thereon and who are qualified at the forthcoming election.

"One copy of such list, so certified, shall be deposited in the office of the municipal secretary early on the Monday following each meeting, to be open to the inspection of the public until election day; another, also certified, shall, on the same day and at the same hour, be sent by the poll clerk to the provincial board, who, on his part, shall send a certified copy to the Executive Bureau; and three copies, also certified, shall be retained by the inspectors, who shall permit their inspection by voters of the precinct on meeting days from eight o'clock in the morning to five o'clock in the afternoon."

"SEC. 20. A new section is hereby added to the Administrative Code, to be denominated section four hundred and thirty-five and one-half and to read as follows:

"SEC. 435 1/2. Division of judicial districts into circuits.—The judge of first instance of the district shall, fifteen days before the first registration day, divide his district for the purposes of this law into several circuits composed of various municipalities, in accordance with the distances and facilities of communication between the same, and shall for each of such circuit appoint a justice of the peace and a substitute, who shall hear all contests in connection with the inclusion in or exclusion from the registration lists, as hereinafter prescribed.

"The clerk of the Court of First Instance shall send to all polling places in the municipalities belonging to the judicial district a notice of the circuit to which each belongs and the name or names of the justices of the peace designated for said purpose, the residence of the same, and the office hours during which their services may be requested, and such other data as may be necessary for the purposes above set forth. The election board shall, upon receipt of this order, post several copies thereof in conspicuous places of the polling place.

"It shall be the duty of the justice of the peace of the provincial capital or the circuit justice of the peace to decide and give notice to the parties concerned of all applications for the inclusion or exclusion of electors ten days before the Saturday last preceding the day of the election."

Section 21

SEC. 21. Section four hundred and thirty-six of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 436. Application to the judge of first instance, justice of the peace of the provincial capital, or circuit justice n of the peace.—Any person who may be refused registration or any party to a challenge questioning the right of another person to be registered may apply to the circuit justice of the peace, the justice of the peace of the provincial capital, or to the competent judge of first instance, for an order directing the board of inspectors to take the action deemed proper. Such application shall be made by filing with said circuit justice, justice of the peace of the provincial capital, or competent judge of first instance, a copy of the certificate and statement aforesaid, together with proof of service of a notice of such application upon a member of the board of inspectors, which notice shall state the time and place and tribunal to which such application will be made."

Section 22

SEC. 22. The first paragraph of section four hundred and thirty-seven of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 437. Application to strike names from list.—After the first day of registration, and not later than fifteen days before the Saturday next before the day of the election any qualified elector in the precinct may apply to the judge of first instance, the justice of the peace of the provincial capital, or the circuit justice of the peace, for an order striking from the list the name or names of any person or persons claimed to be erroneously or wrongfully registered."

Section 23

SEC. 23. Section four hundred and thirty-eight of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 438. Jurisdiction and competence in inclusion and exclusion of electors.—The judge of first instance and the justice of the peace of the capital shall have concurrent jurisdiction throughout the province, and the circuit justice of the peace in all municipalities of his circuit, over all matters concerning the inclusion in and exclusion from the registry list of electors; but the one to whom the application is first presented shall acquire exclusive jurisdiction over the same: Provided, That from the decisions of the justice of the peace of the provincial capital and the circuit justice of the peace, an appeal shall lie to the judge of the Court of First Instance.

"The clerk of the Court of First Instance, the justice of the peace of the provincial capital, and the circuit justice of the peace shall, upon receiving the petition, note the date and hour of its filing upon the same.

"The circuit justice of the peace may hold sessions in any municipality of the circuit and the justice of the peace of the provincial capital in any municipality of the province, at which the challenge or application shall be heard, as they may see fit, and the actual traveling expenses and per diems not to exceed two pesos for each day shall be payable by the municipality to which the application belongs and to which they go."

Section 24

SEC. 24. Section four hundred and thirty-nine of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 439. Final meeting of board of inspectors.—At the meeting of the board of inspectors on the Saturday preceding the election, the official lists as prepared by the inspectors shall each be corrected in conformity with the order, or orders, of the proper authorities, if any such have been made, by adding names thereto or striking names therefrom, as may be required; and in each copy of the registration list shall be added a note opposite the name of each person added to or stricken off the list showing the date . of the order and the name of the tribunal that issued it.

"At this final meeting the names comprised in the completed lists shall be numbered in sequence, and said lists after being certified, shall be forwarded immediately and copies thereof retained by and to the persons and offices mentioned in section four hundred and thirty-three hereof, as amended."

Section 25

SEC. 25. Section four hundred and forty of Act Numbered Twenty-seven hundred and eleven is hereby further amended to read as follows:

"SEC. 440. Registration for special election.—Prior to a special election one meeting, and no more, shall be held for purposes of registration, which meeting shall take place twenty days before the day designated for the election. The register of voters for the last preceding general election as supplemented at any previous registration for a special election that may have intervened shall serve as the basis of the registration in question; and to such prior register shall be added the names of persons presenting themselves for registration who may be known or proved to be entitled to vote at the ensuing special election. The register as thus completed shall be the official register for the special election, and the provisions of the second paragraph of the last preceding section, as amended, shall be observed with regard to it."

Section 26

SEC. 26. Section four hundred and forty-two is hereby amended by adding at the end thereof the following:

"The official ballots shall be bound in books of one hundred ballots each. Each ballot shall be joined by a perforated line to a stub numbered consecutively, beginning with number one in each election precinct. The ballot shall bear the same number as the stub to which it is joined, and such number shall be detachable by means of another perforated line which shall be uniform for all official ballots. Each book of ballots shall bear on its cover the name of the province, municipality, and election precinct in which the ballots are to be used, and if more than one book is required for any precinct the letters of the alphabet shall be used for the series, beginning with the letter 'A.' The Director of Printing, the provincial treasurer, and the municipal treasurer shall each keep a record of the ballots furnished to the various election precincts.

"The detachable number of the ballot shall be detached from the latter in sight of the voter, at the moment when said ballot is to be placed in the ballot box, but not before, by the chairman of the election board, without exposing the contents of the ballot. The detachable number shall be deposited in the box for spoiled ballots and shall be kept there, and no ballot the number whereof has not been detached by said chairman and in the sight of the board of inspectors shall be allowed to be deposited in the box."

Section 27

SEC. 27. Section four hundred and forty-three of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 443. Emergency ballots.—No other ballot than the official ballot shall be used or counted, except that in case of failure to receive the ballots, or their destruction, or of the number of electors in an election precinct being greater than three hundred, at such time as shall render it impracticable to procure from the Director of Printing a new supply, the provincial board, or if there be no time therefor, then the municipal council, shall procure from any available source another set which shall be as nearly like those prescribed in this section as circumstances will permit and which shall be uniform within each election precinct."

Section 28

SEC. 28. Section four hundred and forty-six of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 446. Hours during which polls shall be open.—At all the elections held under the provisions of this chapter the polls shall be open from seven o'clock in the morning until six in the afternoon, during which period not more than one member of the board of inspectors shall be absent from the polling place at one time, and then for not to exceed twenty minutes at one time.

"The election inspectors shall permit as many voters to vote at the same time as there are voting booths, so that none of these shall ever be vacant more time than that necessary for a voter to get his ballot and go to the booth. If at six o'clock in the afternoon there are still voters who have not voted, the election inspectors shall make a list of those present within a radius of fifty meters from the polling place at said hour and shall hand to them a card numbered consecutively and upon presentation of such card the voter shall be permitted to vote after six o'clock in the afternoon, but voters arriving after that hour shall not be permitted to vote.

"If it should become necessary to make room for more ballots the chairman may open the box in the presence of all the board and the watchers, and press down the ballots with his hands without removing any therefrom; he shall then close, lock with the three keys, and seal the box, as hereinafter provided. In case of the destruction or disappearance of the boxes, the board of inspectors shall immediately report this to the municipal treasurer, who shall furnish other boxes or receptacles as nearly as possible adequate for the purposes for which intended."

Section 29

SEC. 29. Section four hundred and forty-seven of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 447. Formalities incident to opening of polls and icconduct of election.—The inspectors of election and poll clerks shall meet one-half hour before the time fixed for the opening of the polls at the place designated, and shall then and there have the ballot box, box for spoiled ballots, the ballots, and all other supplies provided by law. At the opening of the polls the ballot box and box for spoiled ballots shall be opened by the chairman, emptied and exhibited to all the members and other voters present, and, being empty, shall be closed, locked with three keys, and a seal placed over the lock, and the boxes shall be kept closed and sealed until the voting is completed, when the ballot box shall be opened to count the votes. The duly appointed watchers shall also be entitled to be within the polling place."

Section 30

SEC. 30. Section four hundred and forty-eight of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 448. Persons allowed in and around polling place.—While the polls are open no person other than members of the board of inspectors, poll clerk, necessary police, Constabulary, or other peace officers who may be present at the request of the board to execute its orders, or to serve the process of a court, or to act as messenger, and voters receiving or depositing their ballots, shall be allowed within the guard rail in the polling place. However, the watchers appointed by the candidates entitled to have them, with appointments signed by said candidates, may remain within the guard rail assigned to them in the polling place while the same shall remain open.

"No persons other than the persons mentioned above and voters waiting to vote or voting shall remain, during the time the polls are open, within the distance of thirty meters of the polling place, nor shall any person solicit votes or do any electioneering within such distance."

Section 31

SEC. 31. Section four hundred and forty-nine of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 449. Persons prohibited from influencing elections.—No judge of first instance, justice of the peace, or treasurer, fiscal, or assessor of any province and no officer or employee of the Philippine Constabulary, or of any province or municipality, or of the Bureau of Education, or employee of the classified civil service, shall aid any candidate or exert influence in any manner in any election or take part therein otherwise than by exercising the right to vote.

"All foreign persons shall be strictly prohibited from aiding any candidate, either directly or indirectly, and from taking part in or influencing any election in any manner."

Section 32

SEC. 32. Section four hundred and fifty-three of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 453. Preparation of ballot for disabled person.—A voter otherwise qualified who declares that he cannot write, or that from blindness or other physical disability he is unable to prepare his ballot, may make an oath to this effect, setting forth therein the nature of his disability and that he desires a person of his confidence to assist him in the preparation of such ballot, accompanied by such watcher, present in the polling place as he may designate, and shall also set forth the names of the person and watcher designated. These shall take an oath to follow the wishes of the elector in the preparation of his ballot. This oath shall be made out in quadruplicate and one copy shall be sent to the provincial board, another to the Executive Bureau, another shall be kept in the ballot box, and another shall be retained by the poll clerk, who shall forward it to the municipal secretary, together with the other records of the board, for filing. In the event of the elector expressing a desire that his ballot be prepared by the elector of his confidence, the latter shall do so in proper form, according to the wishes of the former, in the presence of the watcher designated and out of view of any other person. The information thus obtained shall be regarded as a privileged communication."

Section 33

SEC. 33. Section four hundred and sixty of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 460. Counting of rotes—Announcement of resuits.—As soon as the polls of an election are closed the board of inspectors shall publicly count the votes and ascertain the result, and not adjourn or postpone or delay the count until it shall be fully completed. During the counting of the votes, not more than one member of the board of inspectors shall be absent, and in this case such absence shall not exceed twenty minutes.

"No member of the board or election officer shall, before the announcement of the result, make any statement of the number of ballots cast, the number of votes given for any person, the name of any person who has voted or who has not voted, or of any other fact tending to show the state of the polls, nor shall he make any statement at any time, except as a witness before a court, tending to show how any person voted."

Section 34

SEC. 34. Section four hundred and sixty-one of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 461. Official watchers of the candidates.—During the registrations, voting, and counting of the votes, and in general at all meetings or sessions of the board of inspectors, a number of persons representing the candidates opposing each other in the election and appointed in writing by said candidates, shall be allowed within the polling place, but not within the guard rail: Provided, That each candidate for the office of senator or representative or any provincial office or for municipal president shall be entitled to have a watcher in each polling place. Each candidate for councilor shall be entitled to appoint any of the appointees of the candidates above mentioned.

"Such watchers shall be allowed to freely witness the proceedings and to read the ballots after they have been read by the inspectors, without touching them, to hear the proceedings of the board and to take notes of what they see and hear: Provided, That the watchers may then and there file their protest against any irregularity they may believe to have been committed by the board of inspectors, and the poll clerk shall note an abstract of such protests on his minutes; but they shall not touch the ballots nor converse with the inspectors nor with each other in such manner as to interrupt the proceedings.

"Other persons than watchers and the officials authorized by law to remain in the polling place shall be excluded from the same."

Section 35

SEC. 35. Section four hundred and sixty-four of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 464. Mode of proceeding in counting votes.—The board shall then proceed to count the votes in the manner following:

"The ballots shall be arranged, in piles in front of the chairman of the election board, who shall take them one by one and read therefrom, jointly with the other inspector of the party opposed to that of the chairman of the board, in the order in which they appear thereon, the names of the persons voted for, assuming such a position as to enable all, or at least a majority of the watchers to read such names. The other inspector and the clerk shall keep tally sheets, the clerk upon the blackboard or blackboards placed opposite the table of the board of inspectors, and the inspector upon a form which shall be prepared and furnished by the Chief of the Executive Bureau for the purpose, on which they shall record as read, the names of all persons voted for for each office and the number of votes severally received by them, each vote being separately noted by a stroke on the tally sheet as the ballot is read. At the conclusion of the count the totals shall be verified by the chairman and the other inspector, and in case of disagreement a recount shall be made for such offices as may be necessary. The tally sheet forms shall not be changed or destroyed and shall be kept with the ballots in the ballot box.

"Votes for persons who have not filed certificates of candidacy for any municipal office shall be counted in the count of votes as scattering votes."

Section 36

SEC. 36. Section four hundred and sixty-five of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 465. Inspectors statement and certificate of result.—Within three hours after the completion of the count the inspectors shall make, complete, and sign a written statement thereof in quadruplicate, showing the date of the election, the name of the municipality, and the number of the precinct in which it was held, the whole number of ballot stubs received from the municipal treasurer, the whole number of ballots deposited in the ballot box, the whole number of votes adjudicated to each candidate for each office, the whole number of ballots rejected as marked, and the whole number objected to because marked but not rejected, the whole number of ballots objected to and rejected for other reasons, the whole number of ballots objected to for the same or different reasons, but accepted, the whole number of spoiled ballots, the whole number of ballots remaining on hand, and the whole number of ballots not used, writing out at length in words and not in figures, and at the end thereof a certificate signed by the inspectors to the effect that the statement is in all respects correct and any protest filed by the watchers. Every such statement shall be made upon a single sheet of paper, or if this cannot be done, each sheet thereof shall be signed on the margin by all the inspectors. Forthwith thereafter, but in any event within one hour after the proclamation, one copy thereof shall be filed with the municipal secretary, one shall be forwarded in the manner provided in the next following section to the provincial treasurer, and one, also sealed, shall be forwarded to the Chief of the Executive Bureau. The fourth shall be placed by the board in the ballot box upon sealing the same.

"Upon the completion of such count and of the statements of the result thereof, the chairman of the board of inspectors shall make public oral proclamation of the whole number of votes cast at such election at such polling place for all candidates, by name, for each office.

"After publication of the result and before retiring, it shall be the duty of the inspectors of the polling place to furnish at least two certified copies of the statement to the group of watchers: Provided, That the statements referred to in this section shall be delivered before, and not after, noon of the day next following the election."

Section 37

SEC. 37. Section four hundred and sixty-seven of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 467. Boxes and contents.—The ballots, together with the packages hereinbefore referred to, and also the unused ballots, shall be put in the ballot box, which shall be securely locked and sealed and delivered to the municipal treasurer immediately after the count, for which purpose said officer shall keep his office open all night on the day of the election, if necessary, to take delivery of the objects referred to in this Act, and shall provide the necessary facilities therefor at the expense of the municipality. The spoiled ballots shall be returned to the spoiled-ballot box, if removed therefrom, and such box, similarly locked and sealed, shall be likewise delivered to the municipal treasurer. The municipal treasurer shall, on the day after election, notify the members of the boards who have failed to send the objects mentioned in this section to deliver the same immediately to him or to a delegate of said municipal treasurer previously designated by him."

Section 38

SEC. 38. Section four hundred and sixty-eight of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 468. Preservation of boxes.—The municipal treasurer shall retain the boxes unopened in his possession in a safe place and under his responsibility, until the final decision of any election contest, and in any event for six months, subject to the order of the court of competent jurisdiction or other officer specially authorized by law to open the same."

Section 39

SEC. 39. Section four hundred and sixty-nine of Act Numbered Twenty-seven hundred and eleven is hereby amended by adding at the end thereof the following:

"In this case the person elected senator of the district shall be proclaimed by the Governor-General."

Section 40

SEC. 40. Section four hundred and seventy of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 470. Certificate of result.—All such determinations shall be reduced to writing, in duplicate, and signed by the members of the provincial board or a majority of them, or by the Governor-General, as the case may be, and sealed with the provincial seal or the seal of the Governor-General's office, as may be proper. One copy thereof shall be filed with the provincial treasurer, one forthwith with the Chief of the Executive Bureau, and a certified copy thereof shall also forthwith be delivered to each elected candidate. Only one copy shall be made, however, of the proclamation of the person elected to the office of senator."

Section 41

SEC. 41. Section four hundred and seventy-one of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 471. Who may be certified.—The provincial board of canvassers, or the Governor-General, as the case may be, shall certify as elected to the office of senator or member of the House of Representatives and to any provincial office only persons who have obtained a plurality of votes and who have filed their certificate of candidacy in accordance with the provisions of section four hundred and four hereof."

Section 42

SEC. 42. Section four hundred and seventy-five of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 475. Procedure when election results in tie.—In case the board of canvassers, or the Governor-General, as the case may be, decides that an election for senator or member of the House of Representatives results in a tie, they shall certify their decision, together with the statements and all papers upon which the same is based, to the Senate or House of Representatives, as the case may be, which body shall have jurisdiction of the matter thereafter; in case the board of canvassers shall decide that an election for provincial governor results in a tie it shall similarly certify the matter to the Senate, which shall have jurisdiction to declare either of the tied candidates elected or to order a special election, as it may decide; but without prejudice in either case to the right of any candidate to contest the election as hereinafter provided."

Section 43

SEC. 43. Section four hundred and seventy-seven of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 477. Canvass by municipal council.—Immediately after the election the municipal council shall meet in special session and shall proceed to act as a municipal board of canvassers. The municipal treasurer shall produce before it the statements filed with him and the council shall canvass the votes cast for each municipal office and certify-as elected those who obtained a plurality of votes and who have filed their certificate of candidacy in the same manner as hereinbefore provided for the provincial board, and to that end shall have the same powers. The municipal board of canvassers shall not have the power to recount the votes or to inspect any of them, but shall proceed upon the statements rendered, as corrected, if corrections are necessary. Its determinations shall be reduced to writing in triplicate, signed by the members, or a majority of them, and one copy shall be filed in the municipal secretary's office, one with the provincial treasurer and one with the Chief of the Executive Bureau immediately on completion of the canvass.

"Any candidate for municipal office thus declared elected shall assume office, notwithstanding the pendency in court of any contest regarding his election, but said certificate of the municipal board of canvassers shall not prevail against the decision of the court.

"In case the canvass results in a tie for any municipal office the tied candidates shall draw lots in the presence of the board of canvassers, and the successful candidate shall be declared elected.

"For the first election in a new municipality the provincial board shall act as the board of canvassers to declare the results of the municipal election."

Section 44

SEC. 44. Section four hundred and seventy-nine of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 479. Contested election to office in general.—Contests in all elections for the determination of which provision has not been made otherwise shall be heard by the Court of First Instance having jurisdiction in the judicial district in which the election was held, upon motion by any registered candidate voted for at such election. The contests shall be filed with the court within two weeks after the proclamation. Such court shall have exclusive and final jurisdiction, except as hereinafter provided, and shall forth­with cause the registration lists and all ballots used at such election to be brought before it and examined, and to appoint the necessary officers therefor and to fix their compensation, which shall be payable in the first instance out of the provincial treasury. The court shall declare who has been elected or that no candidate has been legally elected, as the case may be, and the candidate who has been declared elected shall be entitled to assume office without any other canvass by the board of canvassers, as soon as the clerk of the court has notified the board of canvassers of the decision of the court and the person concerned has received a copy thereof, unless by virtue of the section next following an appeal shall lie and shall have been filed in accordance with the provisions of said section. The clerk of the court shall immediately send certified copies of the decision to the board of canvassers and the candidates affected by the same."

Section 45

SEC. 45. Section four hundred and eighty-one of the Administrative Code is hereby amended to read as follows:

"SEC. 481. Mode of procedure in court cases.—Proceedings for the judicial contest of an election shall be upon motion with notice of not to exceed twenty days to all registered candidates voted for and not upon pleadings or by action, and the contests shall be heard and determined by the court in the judicial district in which the election was held regardless of whether said court be at the time holding a regular or stated term. In such proceedings the registration list as finally corrected by the board of inspectors shall be conclusive as to who was entitled to vote at such election.

"The aforesaid notice shall be served by delivery by the sheriff of a copy of the summons and the contest to each of the registered candidates voted for personally, or in case of their not being found, by leaving such copies at their usual place of residence, in the hands of some person, resident therein and of sufficient discretion to receive the same; such notice shall be considered as having been served if the acknowledgment of the service made as hereinbefore prescribed shall appear on the back of the summons.

"Where the whereabouts of a candidate is unknown, for the reason that he is absent from the locality or conceals himself to avoid the service of summons, and the fact appears by affidavit to the satisfaction of the court, the latter shall make an order that the service be made by publication in some newspaper generally read in the locality, or in the absence thereof, by notices posted in several of the most conspicuous places of the locality, of an order which he shall make and which shall fix the date on which the person' absent, concealed or of unknown whereabouts shall appear, which shall not be more than twenty days thereafter.

"The court shall hear election contests in preference to all other cases and shall try and decide them as soon as possible.

"The clerk of the court in which any such contest is instituted shall give immediate notice of its institution and also of the determination thereof to the Chief of the Executive Bureau."

Section 46

SEC. 46. Section twenty-six hundred and thirty-six of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 2636. Officers and employees meddling with the election.—Any judge of first instance, justice of the peace, treasurer, fiscal or assessor of any province, any officer or employee of the Philippine Constabulary or the police of any province or municipality, or of the Bureau of Education, a classified civil service employee, who aids any candidate or violates in any manner the provisions of this Act or takes part in any election otherwise than by exercising the right to vote, shall be punished by a fine of not less than one hundred pesos nor more than two thousand pesos, or by imprisonment for not less than two months nor more than two years, and in all cases by disqualification from public office and deprivation of the right of suffrage for a period of five years.

"Any foreigner violating the provision of the last para­graph of section four hundred and forty-nine of this Code shall be punished by imprisonment for not less than one month nor more than two years and a fine of not less than one hundred pesos nor more than two thousand pesos, or by deportation from these Islands, in the discretion of the court."

Section 47

SEC. 47. Section twenty-six hundred and thirty-seven of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 2637. Fraud of officer touching registration.—Any inspector or poll clerk who knowingly enters upon any registry or poll list or causes or allows to be entered thereon the name of any person as a voter in a district who is not a voter thereof, and any inspector of election who refuses or willfully votes to refuse or willfully neglects to enter the name of any qualified applicant for registration upon the registry list, or who knowingly prevents or seeks to prevent the registration of any legally qualified voter, or who is guilty of any fraud or corrupt conduct in the duties of his office, shall be punished by imprisonment for not less than six months nor more than four years, and by a fine of not less than six hundred pesos nor more than four thousand pesos, and in all cases by deprivation of the right of suffrage and disqualification from public office for a period of not more than five years.

"Any election inspector who fails to publish the registry list of transmit the same to the proper authorities, or who refuses to give a certified copy of the statement and registry list and other certificates and proceedings of the election board within the term fixed in this law, or who fails to deliver the keys of the boxes to the municipal treasurer, as herein provided, or deprives the watchers or any voter of the right granted to them by the present law, and any officer of any category or private individual inducing or aiding the election inspectors to commit any of the aforesaid acts or committing the same himself, shall be punished by imprisonment for not less than three months nor more than two years, and by a fine of not less than three hundred pesos nor more than two thousand pesos, and in all cases by deprivation of the right of suffrage and disqualification from public office for a period of not more than four years."

Section 48

SEC. 48. Section twenty-six hundred and thirty-eight of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 2638. Premature declaration of result of election.—Any election officer who, before the public declaration of the result of a vote at an election, as provided by law, makes any statement of the number of ballots cast, of the number of votes given for any person, of the name of any person who has voted, of the name of any person who has not voted, or any other fact tending to show the state of the polls, shall be punished by imprisonment for not more than one year or by a fine of not more than one thousand pesos, or both, in the discretion of the court."

Section 49

SEC. 49. Section twenty-six hundred and thirty-nine of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 2639. Fraud of officer in receiving or counting ballots—Failure to perform official duty.—Any member of any board of registration, board of inspectors, or board of canvassers who knowingly makes any false count of ballots or votes, or soils or mutilates any ballot for the purpose of rendering it void, or who willfully reads a name different from the one really written on the ballot, or who does not count votes legally cast for a candidate, for the sole reason that the initial of the middle name of such candidate has been omitted, or who willfully makes or signs a false statement or declaration of the result of a ballot, vote, or election, or who willfully refuses to receive any ballot offered by a person qualified to vote at such election, or who willfully alters, defaces, or destroys any ballot cast, or voting or registry list used thereat, or who willfully makes any false count or canvass, or who willfully declines or fails to perform any duty or obligation imposed by the Election Law, or any member of a municipal or provincial board of canvassers who amends or causes to be amended the statement of the inspectors, shall be punished by imprisonment for not less than one month nor more than five years, and by a fine of not less than one hundred pesos nor more than two thousand pesos, and in all cases by deprivation of the right of suffrage and disqualification from public office for a period of not less than seven years nor more than fourteen years."

Section 50

SEC. 50. A new section is hereby inserted in the Administrative Code, to be known as section twenty-six hundred and thirty-nine and one-half and to read as follows:

"SEC. 2639 1/2. Sale of liquor, cock fighting, etc.—Any person violating the provisions of section four hundred and sixteen of this Act shall be punished by imprisonment for not less than thirty days nor more than six months and by a fine of not less than fifty pesos nor more than two hundred pesos."

Section 51

SEC. 51. Section twenty-six hundred and forty of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:

"SEC. 2640. Premature or improper examination of ballots.—Any officer of election who before the ballots are opened for counting reads or examines, or permits to be read or examined, the names written upon the ballot of any voter, shall be punished by imprisonment for not less than one month nor more than two years and by a fine of not less than one hundred pesos nor more than two thousand pesos.

"Any municipal treasurer or other officer having custody thereof who examines or permits to be examined, except as prescribed by law, any ballots returned to him by the board of inspectors, or who fails to deliver the keys of the boxes as provided in section four hundred and fourteen of this Act or opens the boxes, shall be punished by imprisonment for not less than six months nor more than two years, and by a fine of not less than five hundred pesos nor more than two thousand pesos, and in all cases by deprivation of the right of suffrage and disqualification from public office for a period of not more than ten years."