SEC. 5. _And be it further enacted_, That the delegates shall be elected by the loyal male citizens of the United States of the age of twenty-one years, and resident at the time in the county, parish, or district in which they shall offer to vote, and enrolled as aforesaid, or absent in the military service of the United States, and who shall take and subscribe the oath of allegiance to the United States in the form contained in the Act of Congress of July 2, 1862, and the before recited oath to maintain a republican form of government; and all such citizens of the United States who are in the military service of the United States shall vote at the head-quarters of their respective commands, under such regulations as may be prescribed by the provisional governor for the taking and return of their votes; but no person who has held or exercised any office, civil or military, State or otherwise, under the Rebel usurpation, or who has voluntarily borne arms against the United States, shall vote or be eligible as delegate at such election.
SEC. 6. _And be it further enacted_, That the commissioners, or either of them, shall hold the election in conformity with this Act, and, so far as may be consistent therewith, shall proceed in the manner used in the State prior to the Rebellion. The oath of allegiance and the oath to maintain a republican form of government shall be taken and subscribed on the poll-book by every voter in the form above prescribed; but every person known by or proved to the commissioners to have held or exercised any office, civil or military, State or otherwise, under the Rebel usurpation, or to have voluntarily borne arms against the United States, shall be excluded, though he offer to take the oath; and in case any person who shall have borne arms against the United States shall offer to vote, he shall be deemed to have borne arms voluntarily, unless he shall prove the contrary by the testimony of a qualified voter. The poll-book showing the name and oath of each voter shall be returned to the provisional governor by the commissioners of election, or the one acting, and the provisional governor shall canvass such returns, and declare the person having the highest number of votes elected.