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STATE OF UTAH 
 
 General Election Laws 
 
 Compiled by H. E. Crockett, Secretary of State 
 SEPTEMBER 28th, 1921 
 
Amendments to Absent Voters Law 
 
 Laws of Utah, 1923. 
 
 Section 1. Sections Repealed. That Sections 1, 2, 4 and 6, of Chapter 42, 
 Session Laws of Utah, 1919, be, and the same are hereby amended to read as follows: 
 
 Sec. 1. Absent elector — when may vote. Any qualified elector of this state 
 having complied with the laws in regard to registration, who is absent from the 
 county of which he is an elector, or who is not within twenty miles of his voting 
 precinct on the day of holding any general election, may vote at any such election as 
 hereinafter provided. 
 
 Sec. 2. Obtain absent voter ballot. At an time within thirty days next 
 preceding such election, any voter expecting to be absent from his voting precinct 
 as hereinbefore provided^ on the day of such election may make application to the 
 county clerk of such county for an official absent voter ballot to be used as here- 
 inafter provided. 
 
 Sec. 4. Application for ballot. Application for such ballot shall be made upon 
 a blank to be furnished by the county clerk of the county of which the applicant is 
 an elector, and shall be in substantially the following form: 
 
 I, , a duly qualified elector, residing at 
 
 county. State of Utah, and to my best knowledge and belief entitled to vote at the 
 next election, expecting to be absent from my voting precinct on the day for holding 
 such election, hereby make application for an official absent voter ballot to be voted 
 by me at such election. 
 
 Date 
 
 ( Signed ) 
 
 Sec. 6. County clerk to mail — affidavit of elector. Upon receipt of such appli- 
 cation properly tilled out and duly signed, or as soon thereafter as the official absent 
 voter ballot for the precinct in which the applicant resides has been printed, the 
 said county clerk shall send to such absent voter by mail, postage prepaid, one such 
 official absent voter ballot, and shall enclose with such ballot an envelope, which 
 envelope shall bear upon the front thereof the name, official title, and postoffice 
 address of such county clerk, and upon the other side a printed affidavit in sub- 
 stantially the following form: 
 
 County of. 
 
 ' ss. 
 state of. 
 
 I, , solemnly swear that I am a i;esident elector of the 
 
 voting district of the precinct, 
 
 in county, State of Utah, and entitled to vote in such precinct 
 
 at the next election; that I expect to be absent from said voting precinct of my resi- 
 dence on the day of holding such election and that I will have no opportunity to 
 vote in person on that day. 
 
 (Name of voter) 
 Approved March 19, 1923. 
 
STATE OF UTAH 
 
 General Election Laws 
 
 Compiled by H. E. Crockett, Secretary of State 
 SEPTEMBER 28th, 1921 
 
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Table of Contents 
 
 Page 
 
 Constitutional Provisions _ - - 5 
 
 General Provisions ~ — 6 
 
 Registrations — „ _ « 8 
 
 Primary Elections * - 14 
 
 Nominations — 15 
 
 Ballots and Voting „ 19 
 
 Election Offices « 21 
 
 Polling Places „- -....- - - 22 
 
 Conduct of Election - '■ 22-23 
 
 Counting of Votes ~ — * ■'..- 23 
 
 Making Returns - ~ .'. • — • 25 
 
 Voting of Absent Electors « 28 
 
 Canvass of Returns _ - — 31 
 
 Presidential Electors _ - - 33 
 
 United States Senators — Election 33 
 
 Congressmen — Election 34 
 
 Election Districts 34 
 
 Powers of County Commissioners 34 
 
 County Officers 34 
 
 Municipal Elections „ _ 35 
 
 Boards of Education — Election _ _ 39 
 
 Election Offenses .....^ 41 
 
 Prevention and Punishment of Corrupt Practices in Elections 45 
 
 Election Contests 55 
 
 Preparation and Distribution of Statements Concerning Constitutional Amendments 57 
 
 Initiative and Referendum ..._ 58 
 
 Legislative Apportionment Districts _ _ 65 
 
 ivil51226 
 
CONSTITUTIONAL PRO^HSIC^ ; 
 
 Constitutional Provisions 
 
 ARTICLE IV. 
 
 ELECTIONS AND RIGHT OF SUFFRAGE. 
 
 Section 1. [Equal political rights.] The rights of citizens of the State of Utah to 
 vote and hold office shall not be denied or abridged on account of sex. Both male and 
 female citizens of this State shall enjoy equally all civil, political and religious rights 
 and privileges. 
 
 Sec. 2. [Qualifications to vote.] Every citizen of the United States, of the age of 
 twenty-one years and upwards, who shall have been a citizen for ninety days, and shall 
 have resided in the State or Territory one year, in the county four months, and in the 
 precinct sixty days next preceding any election, shall be entitled to vote at such election 
 except as herein otherwise provided. 
 
 Sec. 3. [Electors: immunity from arrest.] In all cases except those of treason, 
 felony or breach of the peace, electors shall be privileged from arrest on the days of 
 election, during their attendance at elections, and going to and returning therefrom. 
 
 Sec. 4. [Id. From military duty.] No elector shall be obliged to perform militia 
 duty on the day of election except in time of war or public danger. 
 
 Sec. 5. [Electors to be citizens of U. S.] No person shall be deemed a qualified 
 elector of this state unless such person be a citizen of the United States. 
 
 Sec. 6. [Certain criminals, etc., ineligible to vote.] No idiot, insane person or per- 
 son convicted of treason, or crime against the elective franchise, unless restored to 
 civil rights, shall be permitted to vote at any election, or be eligible to hold office in 
 this State. 
 
 Sec. 7. [Property qualification forbidden, when.] Except in elections levying a 
 special tax or creating dndebtedness, no property qualification shall be required for any 
 person to vote or hold office. 
 
 Sec. 8. [Ballot to be secret.] All elections shall be by secret ballot. Nothing in 
 this section shall be construed to prevent the use of any machine or mechanical con- 
 trivance for the purpose of receiving and registering the votes cast at any election: 
 Provided, ^hat secrecy in voting be preserved. 
 
 Sec. 9. [Elections, when held. Terms begin, when.] All general elections, except 
 for municipal and school officers, shall be held on the Tuesday next following the first 
 Monday in November of the year in which the election is held. Special elections may be 
 held as provided by law. The terms of all officers elected at any general election, shall 
 commence on the first Monday in January next following the date of their election. 
 Municipal and School officers shall be elected at such time as may be provided by law. 
 
 Sec. 10. [Oath of office.] All officers made elective or appointive by this Consti- 
 tution or by the laws made in pursuance thereof, before entering upon the duties of their 
 respective offices, shall take and subscribe the following oath or affirmation: "I do 
 solemnly swear (or affirm) that I will support, obey and defend the Constitution of the 
 United States and the Constitution of this State and that I will discharge the duties of 
 my office with fidelity. 
 
GENERAL PROVISIONS 
 
 General Provisions 
 
 2100. General election held biennially. There must be held throughout the state 
 on the first Tuesday after the first Monday in November in the year 1898, and biennially 
 thereafter, an election to be known as the general election. 
 
 2101. General election defined. A general election is for the purpose of choosing 
 in the proper years therefor as specified by the constitution and the laws, one or more 
 of the following officers, to wit: Representatives in congress, electors of president 
 and vice president of the United States, state and district officers, senators and repre- 
 sentatives in the legislature, county and precinct officers, and, when necessary, voting 
 upon the proposed amendments to the constitution as provided in art. 23 of the con- 
 stitution, and for such other purposes as may be provided by law. 
 
 2102. Special election defined. Special elections are such as are held at other 
 times, for any purpose required by law, except municipal and school elections. 
 
 2103. Election proclamation by governor. At least sixty days before a general 
 election, and not less than ten days before a special election to fill a vacancy in the 
 office of representative in congress or a member of the legislature, the governor must 
 issue an election proclamation, under his hand and the great seal of the state, and 
 transmit copies thereof to the boards of county commissioners of the counties in which 
 such elections are to be held. Such proclamation must contain a statement of the 
 time of election and the offices to be filled. 
 
 2104. Id. Vacancy for legislator or congressman. When a vacancy or a failure 
 to elect by reason of a tie vote or for any reason whatever, occurs in the office of 
 representative in congress or member of the legislature, the governor must at once 
 issue a proclamation calling an election to fill such vacancy; provided, that if there 
 be lio session of the legislature or of congress, as the case may be, between the happen- 
 ing of such vacancy and the next general election occurring forty-five or more days 
 thereafter, such vacancy shall be filled at the general election. 
 
 2105. Vacancy in executive or judicial office. Appointment. Election. If a 
 vacancy occurs in the office of judge of the supreme or of the district court, secretary 
 of state, state auditor, state treasurer, attorney-general, or superintendent of public 
 instruction, the governor shall appoint a person to hold the office until the election and 
 qualification of a successor to fill the vacancy, which election shall take place at the 
 next succeeding general election, and the person so elected shall hold the office for the 
 remainder of the unexpired term. 
 
 2106. Higliest number of votes elects. The person receiving at any election the 
 highest number of votes for any office to be filled at such election is elected thereto. 
 
 2107. Tie In election for state officers; presidential electors; county officers. In 
 case any two or more persons have an equal and the highest number of votes for 
 either governor, secretary of state, attorney general, state auditor, state treasurer, or 
 superintendent of public instruction, the two houses of the legislature, at its next 
 regular session, shall elect forthwith, by joint ballot, one of such persons for said office. 
 In case any two or more persons have an equal and the highest number of votes for 
 presidential electors, justice of the supreme court, or judge of a district court, the 
 secretary of state must transmit to the governor a certified statement showing the 
 vote cast for such persons, and thereupon the tie shall be decided by lot In the presence 
 of the governor and secretary of state at a time fixed by the governor. In case any 
 two or more persons have an equal and the highest number of votes tor a member of 
 a board of county commissioners, and by reason of such tie there is a failure to elect, 
 the tie shall be decided by lot, in the presence of the county clerk, at a day designated 
 by him. In case any two or more persons have an equal and the highest number of 
 votes for any precinct or county office, except county commissioner, the tie shall be 
 decided by lot in the presence of the board of county commissioners, at a day designated 
 by said board. 
 
 2108. Correcting error in published nominations or on official ballot. Costs. When- 
 ever it shall appear by affidavit of a candidate or his agent that an error or omission has 
 
GENERAL PROVISIONS 
 
 occurred in the publication of the names or description of the candidates nominated for 
 office or in the printing of sample or official ballots, the district court, or judge thereof, 
 either in term time or in vacation, may, upon petition of such candidate or his agent, by 
 order require the county clerk, city recorder, or town clerk, charged with the duty in 
 respect to which an error or omission has occurred, to forthwith correct such error or 
 show cause why such error should not be corrected. Costs, including a reasonable 
 attorney's fee, may be taxed, in the discretion of such judge or court, against either 
 party; provided, that no fee shall be required for filing such petition. 
 
 2109. Id. Controversy to be decided by court. The county clerk, city recorder, 
 or town clerk shall also, on his own motion, correct without delay any error m all 
 ballots which he may discover, or which shall be brought to his attention, and which 
 can be corrected without interfering with the timely distribution of the ballots as 
 herein provided. Whenever any controversy shall arise between any official charged 
 with any duty or function under this title and any candidate, or the officers or repre- 
 sentatives of any political party, or persons who have made nominations, upon the 
 filing of a petition by any such official or persons, setting forth in a concise form the 
 nature of such controversy and the relief sought, which petition shall be under oath, 
 it shall be the duty of such court, or the judge thereof in vacation, to issue an order 
 commanding the respondent in such petition to be and appear before the court or 
 judge and answer under oath to such petition; and it shall be the duty of the court 
 or judge to summarily hear and dispose of any such issues, with a view of obtaining a 
 substantial compliance with the provisions of this title by the parties to such controversy, 
 and to make and enter orders and judgments and issue the writ or process of such 
 court to enforce all such orders and judgments. 
 
 2110. Computations of time include Sundays. Sunday shall be included in all 
 computations of time made under the provisions of this title. 
 
 2111. Opening and closing polls. Proclamation. At all elections, the polls shall 
 be opened at seven o'clock a. m., and continue open until seven o'clock p. m. of the 
 same day; provided, that if a full board of judges of election shall not attend at the 
 hour fixed for opening the polls, and it shall be necessary for the electors present to 
 appoint judges to conduct the election as provided by law, the election may, in that 
 event, commence at any hour before the time for closing the polls shall arrive, as the 
 case may require. Upon the opening of the polls, proclamation shall be made by one 
 of the judges, and, thirty minutes before the closing of the polls, proclamation shall 
 be made in like manner, that the polls will close in thirty minutes. 
 
 2112. Notice of time and place of election. Each registry agent shall, at least 
 five days prior to any election, except school elections, held in his district, post 
 notices in at least five conspicuous places within the same, stating the date and place 
 of election and the hours during which the polls will remain open. 
 
 2113. Provisions to be liberally construed. The provisions of this title shall be 
 liberally construed, so as to carry out the intent of this title, and of political parties, 
 nominees, and others in proceedings under this title. 
 
 2114. Secretary of state to publish election law. It is the duty of the secretary 
 'of state to cause to be published, in pamphlet form, a sufficient number ot copies of 
 
 this title, and such other provisions of law as bear upon the subject of elections, and 
 to transmit the proper number to each county clerk, whose duty it is to furnish each 
 election officer in his county with one of such copies. 
 
ELECTIONS— REGISTRATION 
 
 Registrations 
 
 2115. Registration agents. Appointment and politics of. It shall be the duty of 
 the board of couiU^ commissioners to appoint as registration agent for each election 
 district, a person who, at the time of the appointment, belongs to the political party 
 which, in the district for which such registration agent is appointed, cast the highest 
 number of votes for representative to congress at the election next preceding the 
 appointment of such registration agent, and in cases where the election districts have 
 been altered since such election, the appointment shall be made as follows: 
 
 1. Where two or more election districts have been created out of a single election 
 district, each registration agent shall be a member of the political party which cast 
 the highest number of votes for representative to congress in such single election 
 district at the preceding election. 
 
 2. Where an election district is created by combining two or more or the parts 
 of two or more election districts, then such registration agent shall be a member 
 of the political party which cast the highest number of votes for representative to 
 congress in the district which either in whole or in part forms the major part of 
 such newly created district. The true intent and meaning of the provisions of this 
 chapter, with reference to the appointment of registration agents, is that the registra- 
 tion agent in each district shall belong to the political party which, at the preceding 
 election, cast the highest number of votes for representative to congress in the 
 territory forming the election district at the time of the appointment, ana the regis- 
 tration agent appointed shall be selected by the board of county commissioners from 
 a list of not less than three names to be furnished and certified by the chairman and 
 secretary of the political party from which the appointment is to be ma«e. ir such 
 chairman and secretary fail to furnish suCh list of names for a perioa or ten days 
 after being notified so to do by the county clerk, the said board shall proceed to make 
 the appointment without such list. 
 
 2116. Id. Vacancy, how filled. It is the duty of the chairman of the board of 
 county commissioners of any county of the state, when he has received notice from 
 any citizen of the death, disqualification, or resignation of any registry agent, after 
 the opening and prior to the closing of the books of registration, to immediately, with- 
 out giving notice, appoint some competent person as provided in § 2115 to fill such 
 vacancy, and it is the duty of the person so appointed to qualify within two days after 
 receiving notice of such appointment. 
 
 2117. Id. Failure to qualify. Voters may register elsewhere. If the person so 
 appointed fails to qualify within the time herein provided, voters may, upon producing 
 evidence as to their right to vote, be registered in any other district in said county, 
 and any person so registered in any other district must, upon presentation and sur- 
 render of a certificate of registration to the judges of election, signed by the registry 
 agent of said district, be considered a legal voter in the district in which he is a 
 resident. 
 
 2118. Registering in another district. Oath. Certificate. If any person applies 
 to be registered in any district other than the one in which he resides, and is entitled, 
 upon proof, to a certificate of registration, as provided in the next preceding section, 
 such applicant, in addition to the proof required by this chapter to entitle him to 
 registration, must take and subscribe to an oath before the registry agent, in sub- 
 stantially the following form: 
 
 , Utah, 19 
 
 I do solemnly swear that I make this application for registration in district No. 
 
 of „..county, state of Utah, because there is no registry agent within 
 
 district No , which is the district where I reside and am entitled to vote. 
 
 ( Signature. ) 
 
 Subscribed and sworn to before me this day of , 19 
 
 Registry agent. 
 
ELECTIONS —REGISTRATION 
 
 Whereupon such person is entitled to receive from the registry agent of such 
 district, a certificate, which must he substantially in the following form: 
 
 REGISTRATION CERTIFICATE. 
 
 1 hereby certify that ...Js a citizen of the United States, and will have 
 
 been such for ninety days prior to the election on the day of , 
 
 19 ; that he will have attained the age of twenty-one years and upwards, and 
 
 will have been a resident of the state of Utah one year and of the county of—- 
 
 four months, and of the precinct of -. in the county of. — for sixty 
 
 days, at the time of the election on the day of. _ , 19 -, and 
 
 that „....he is in all respects a qualified, registered elector under the laws of Utah; 
 and I further certify that the reason ......he applies for, and J\ give, this registration 
 
 certificate, is because within district No where — he resides, there Is no 
 
 registry agent, and I further certify that he is under the law entitled to vote in 
 
 district No of county, Utah. 
 
 Witness my hand in district No of _ county, Utah. 
 
 Registry agent, district No county, Utah. 
 
 2119. Stationery for registration agents. Official register. The boards of county 
 commissioners of the several counties must provide for the registry agents in their 
 respective counties, when and where required, all proper and necessary books and 
 stationery to carry out the provisions of this chapter. They must furnisn to each 
 registry agent a bound book, prepared for the alphabetical entry of names, which shall 
 be known as the official register, and it must be ruled in columns of suitable dimen- 
 sions to provide for the following entries opposite the name of each elector, to wit: 
 Date of registration; name of elector; column for writing "voted"; age of elector; 
 where born; location of residence, including street number, and number of room, 
 where party resides in a building the rooms of which are numbered; certificate of 
 naturalization exhibited, or a certified copy thereof; tlie postoffice address. 
 
 2120. Registration only at office. Registration days. It shall be the duty of the 
 registry agents, when called upon to do so at their respective offices, and not else- 
 where, at any time between the hours of eight o'clock a. m. and nine oclock p. m., 
 of the second Monday and third Tuesday and the last Saturday of August, and of 
 the fourth Tuesday and of the fourth Wednesday and of the third Tuesday and of 
 the first Tuesday, and, in presidential years, of the first Wednesday, prior to any general 
 election, to receive and register the names of all persons applying for registration, who 
 on election day will be legally qualified and entitled to vote in that election district, 
 according to the provisions of law under which such election may be held. 
 
 2121. Entries on official register. Request to give residence. Registry agents must 
 enter upon the official register, under the proper heading, the date of registration, the 
 names alphabetically arranged according to surnames, with the first or given name 
 In full, the age and activity of the elector, together with the location of residence 
 of elector as directed in § 2119, and when the person so registered Is of foreign 
 birth, the fact of the exhibition of, or failure to exhibit, his certificate of naturaliza- 
 tion, or a certified copy thereof, must be noted in the column provided for that pur- 
 pose, which list, properly entered, as in this section required, is known as the official 
 register of electors of their respective districts. If any person fails or refuses 
 to give his residence, with the particularity required in this chapter, he must not 
 be registered; provided, that should any person applying to be registered refuse 
 to give his or her age, when requested so to do by the registry agent, it shall be 
 sufficient to entitle him or her to registration if they take and subscribe to the regis- 
 tration oath required by § 2123, and in such case the registry agent will enter in the 
 proper column the fact that such person will be twenty-one years and upwards on the 
 day of election. 
 
10 ELECTIONS— REGI STRATION 
 
 2122. Notice of time and place of registration. Each registry agent must post, 
 in not less than five conspicuous places within his district, for ten days before the 
 first day provided for registration, a notice signed by him to the effect that the 
 time and place for registration of the names of the qualified electors in election dis- 
 trict No prior to the election (specifying the election) to be held 
 
 on the . — — day of , 19 , for the county of Utah, will be 
 
 between the hours of eight o'clock a. m. and nine o'clock p. m. on the days 
 
 of , 19 , at the office of said agent (specifying the place, which must be 
 
 within the election district, where electors may apply for registration). 
 
 2123. Registration oath. Every person applying to be registered must, before he 
 or she is pntitled to have his or her name registered, take and subscribe the follow- 
 ing oath or affirmation, which must be administered by the registry agent: "1 do 
 solemnly swear (or affirm) that I am a citizen of the United States and shall have been 
 
 such for ninety days prior to the election on the day of , 19 ; that 
 
 I shall have attained the age of twenty-one years and upwards, and shall have been 
 
 a resident of the state of Utah one year, and of the county of four months, 
 
 and the precinct of in the county of for sixty days at the time 
 
 of the election on the day of 19 ; and that I now reside in election 
 
 district No ; so* help me God (or under the pains and penalties for perjury)." 
 
 The registry books and lists must be open at any reasonable time for inspection by 
 any person. 
 
 2124. Examination of applicant to register. Challenges. When any person ap- 
 pears and demands to be registered- whom the registry agent does not know to be 
 entitled to registry under the qualifications required by law, for the election then 
 ensuing, the registry agent must question the applicant generally, under oath, as to 
 his q^ualifications as an elector; and, if satisfied, must enter his name in the register, 
 but if the registry agent is not fully satisfied, or if the applicant be challenged by a 
 qualified elector of the county stating distinctly the grounds of challenge, the registry 
 agent must require the applicant to answer truly, under oath or affirmation, the 
 following questions, together with such other questions as said registry agent may 
 consider necessary or proper testing his qualifications as an elector for the ensuing 
 election, to wit: 
 
 1. Are you a citizen of the United States; if so, are you native born or natur- 
 alized: and if naturalized, when and where were you naturalized? 
 
 2. Are you now, or will you be twenty-one years of age prior to the day of the 
 next ensuing election? 
 
 3. On the day of the next ensuing election will you have resided in Utah one 
 year, in this county four months, and in this precinct sixty days next preceding the 
 day of said election? 
 
 If any of the foregoing questions are answered in the negative, the applicant must 
 not be registered. If the applicant answers all the foregoing questiojis in the affirma- 
 tive, and if the answers to the other questions propounded do not show him to be 
 disqualified, the applicant must be registered. 
 
 2125. Resident defined. A resident Within the meaning of this title must be 
 construed to mean a person who has resided or will have resided continuously within 
 this state for one year, and in the county four months, and in the precinct sixty days 
 next preceding the day of the next ensuing election. 
 
 2126. Rules governing place of residence for purpose of registration. For the 
 purpose of registration or voting, the place of residence of any person must be governed 
 by the following rules as far as they are applicable: 
 
 1. That place must be considered and held to be the residence of a person, in 
 which his habitation is fixed, and to which, whenever he is absent, 'he has the inten- 
 tion of returning. 
 
 2. A person must not be held to have gained or lost residence by reason of his 
 presence or absence while employed in the service of the United States or of this 
 state, nor while a student at any institution of learning, nor while kept in any alms- 
 house, or other asylum at the public expense, nor while confined in any public prison, 
 nor while residing upon any Indian or military reservation. 
 
 3. No soldier, seaman, or marine, in the army or navy of the United States, shall 
 be deemed a resident of this state in consequence of being stationed at any military 
 or naval place within the same. 
 
 4. A person must not be considered to have lost his residence who leaves his 
 
ELECTIONS— REGISTRATION 11 
 
 hojiie to go into a foreign country or into another state, or precinct in this state for 
 temporary purposes merely, with the intention of returning; provided, he has not 
 exercised the right of the elective franchise in said state or precinct. 
 
 5. A person must not be considered to have gained a residence in any county 
 into which he comes for temporary purposes merely, without the intention of making 
 Ruch county his home. 
 
 6. If a person removes to another state, with the intention of making it his 
 residence, he loses his residence in this state. 
 
 7 If a person removes to another state with the intention of remaining there 
 for an indefinite time, and as a place of permanent residence, he loses his residence 
 in this state, notwithstanding he entertains an intention of returning at some future 
 period. 
 
 8. The place where a man's family resides is presumed to be his place of resi- 
 dence, but any man who takes up or continues his abode with the intention of t&- 
 maining at a place other than where his family resides, must be regarded as a resident 
 where he so abides. 
 
 9. A change of residence can only be made by the act of removal, joined with 
 the intent to remain in another place. There can only be one residence. A residence 
 cannot be lost until another is gained. 
 
 10. The term of residence must be computed by including the day on which the 
 person's residence commences and by excluding the day of election. 
 
 11. Any person living upon any Indian or military reservation shall not be 
 deemed a resident of Utah, within the meaning of this chapter, unless such person had 
 acquired a residence in some county in Utah prior to taking up his residence upon 
 such Indian or military reservation. 
 
 2127. Naturalized citizen to exhibit papers. Affidavit. Examination. When a 
 naturalized citizen applies for registration, hi^ certificate of naturalization, or a certified 
 copy thereof, must be produced; but if it satisfactorily appears to the registry agent 
 by the oath or affirmation of the applicant (and the oath or affirmation of one or 
 more credible citizens as to the credibility of such applicant), that such certificate 
 of naturalization or a certified copy thereof, is lost or destroyed, or beyond the reach 
 of the applicant, for the time being, said registry agent must register the name of 
 said' applicant, unless he is by law otherwise disqualified; but in case of failure to 
 produce the certificate of naturalization, or a certified copy thereof, the registry agent 
 must propound to him the following questions: 
 
 1. In what year did you come to the United States? 
 
 2. In what state or territory, county, court, and year were you fully admitted 
 to citizenship? « 
 
 3. When did you last see your certificate of naturalization, or a certified copy 
 thereof? 
 
 The answers to the above question? must be taken down in the form of an 
 affidavit, which must be subscribed and sworn to by the applicant, and retained in 
 possession by the registry agent and by him handed over to his successor. No person 
 is required to make the affidavit twice before the same agent, or the successor of such 
 agent, having in his possession the former affidavit. 
 
 2128. Posting of registration lists in districts. List for judges of election. When 
 the registering of voters on the third Tuesday prior to any general election shall have 
 been completed, each registry agent must, with all reasonable expedition, within three 
 days, prepare and cause to be written or printed a full, complete, and true list of all 
 the names on the official register for his district, alphabetically arranged according 
 to surnames, with places of residence, the same to be verified by his oath and 
 posted in some public and conspicuous place within his district, there to remain 
 until the close of registration on the first Tuesday or the first Wednesday, as the 
 case may be, prior to the day of election. When the registration of electors mentioned 
 in this chapter shall be finally closed, each registry agent must, with all reasonable 
 expedition, prepare and cause to be written or printed, a full, complete, and corrected 
 list of all the names on his official register, alphabetically arranged, commencing with 
 the surname of each elector, together with the residence of each, which he must certify 
 under oath and cause to be posted, within three days after the close of registration, 
 in a public and conspicuous place within 200 feet of the polling place, within his 
 district, there to remain until the closing of the polls on election day. Each registry 
 agent must prepare and deliver personally to one of the judges of election in his 
 district, at a time not later than the day next preceding that on which J^ay general 
 or municipal election is to be held, a full, complete, and true copy of his official 
 register, verified by his oath. 
 
12 ELECTIONS— REGISTRATION 
 
 2129. Registry agent to hear objections to 'voter, and correct errors. Challenge. 
 
 The registry agents must give notice in said posted lists that they will receive 
 objections to the right to vote of any persons so registered between the hours of six 
 o'clock D. m. and nine o'clock p. m. on Saturday next preceding the day of election: 
 and also requesting all persons Avhose names may be erroneously entered in said list 
 to apply to the proper registry agent at the time designated and have such error 
 corrected. Such objection to the right to vote of any person registered must be made 
 only by a qualified elector, in writing, duly verified, setting forth the ground of 
 objection or disqualification. The registry agent before whom any such affidavits are 
 made must carefully preserve the same and "deliver them with a copy of the official 
 register and other papers required by this chapter to be delivered, to the election 
 judges as herein provided, and he must write distinctly opposite the name of apy 
 person to whose qualifications as an elector objections may be thus made, and opposite 
 the name of any person whom the registry agent believes to be dead or to have 
 removed from that election district, the words, "to be challenged," or words to that 
 effect. It is the duty of the judges of election, if on election days such persons who 
 has been objected to applies to vote, to test under oath his qualifications, and if he is 
 found to be disqualified for any cause under the law, or if he refuses to take an 
 oath, as to his qualifications, he must not be permitted to vote. 
 
 2130. Register to be transmitted to county clerk. The copy of the official register 
 for each district, delivered to the election judges, together with the affidavits mentioned 
 in the next .preceding section of this chapter, must be preserved and transmitted 
 by the judges of election to the county clerk as a part of the election returns, as pro- 
 vided by law. 
 
 2131. Failure to furnish list. Procedure. If any registration agent fails or refuses 
 to furnish to the election judges a copy of the official register of his district, as pro- 
 vided for in this chapter, the said election judges are authorized to take and use the 
 copy of the printed or written list of registered voters posted in such district, as 
 provided for in this chapter, and their returns must show the reason for using such 
 list instead of the copy of the official register that should have been delivered to 
 them. 
 
 2132. Transfers to another district. Any registered elector, moving from one 
 district to another within the same precinct (or city), prior to the day of the ensuing 
 election, may apply to the registry agent before whom he has already been registered 
 for that year, at any time prior to the day of election, and have his name taken off 
 the official register, and receive from the registry agent a certificate, to be called a 
 registry certificate, over the signature of the registry agent, showing substantially that 
 
 he was, on a certain day, duly registered in the official register of district No 
 
 in precinct of the county of Utah, and that his name has been 
 
 erased at his own request, which certificate will entitle him to have his name registered 
 at any time before the day of election, in the same manner as other names are 
 registered, in any other district within the same precinct or city, for said election; 
 provided, it satisfactorily appears to the registry agent receiving the certificate, and 
 to whom application is made for the second registration, that the applicant is entitled 
 to vote in that district at the next ensuing election. 
 
 2133. Oath of registry agent. Before entering upon the duties prescribed in this 
 chapter, the registry agents must severally take and subscribe, before an officer duly 
 authorized to. administer oaths, the constitutional oath of office, which must be filed 
 in the office of the county clerk of their respective counties. Registry agents may 
 take the registration oath before any person authorized to administer an oath. 
 
 2134. Compensation of registry agent paid by county. The several registry agents 
 are entitled to receive, as full compensation for all services rendered by them under 
 the provisions of this chapter, such sums as may be allowed by the board of county 
 commissioners, and such compensation may be a per diem not to exceed $3. Their 
 compensation is a coimty charge, and their accounts must be made out so as to 
 clearly show the number of days spent in the performance of their official duties, 
 which shall be sworn to and filed with the county auditor of their respective counties, 
 and said claim must be audited and paid out of the general fund of the several counties 
 as other county charges. 
 
 2135. County clerk's record. Notice of appointment. The county clerk must 
 make full and minute entries of all proceedings had under this chapter, and notify in 
 writing the registry agents of their appointment. 
 
 2136. County clerk to prepare register of voters. Prior to the time for register- 
 ing voters at each general or m.unicipal election, the county clerk of each county 
 
ELECTIONS— REGISTRATION 13 
 
 of the state shall prepare an official register of the voters of each election district 
 of his county, by making a list in alphabetical order of all persons who voted 
 at the last general or municipal election, as shown by the checked copies of the official 
 register used, or poll lists made, at such election; which official register shall be 
 delivered to the registry agent of the district, at least thirty days prior to the first 
 day of registration, and shall be revised by adding the names of all persons reg- 
 istered on the proper days prior to the election; provided, that for municipal elec- 
 tions such alphabetical list shall be made only for such districts affected by such 
 elections; provided, further, that the costs for making such,list for municipal elections 
 shall be paid for by the city or town. For all special and school elections there shall 
 be no special registration of voters, but the "official register" last made or revised 
 shall constitute the "official register" for such special or school election. 
 
 2137. Duty of registry agents. It shall be the duty of the registry agents appointed 
 as herein provided for the election districts within the several incorporated, crities 
 and towns, at any time when called upon to do so at their respective offices, and not 
 elsewhere, between the hours of eight o'clock a. m. and nine o'clock p. m. of the 
 first and third Tuesdays, and also in cities of the first and second class, the fourth 
 Tuesday, prior to the municipal or town election, to receive and register the names 
 of all persons applying for registration who are legally qualified and entitled to 
 vote at such election, or who will legally have acquired a residence (being otherwise 
 qualified) and who have a right to vote at such ensuing election according to the 
 provisions of law under which such election may be held in each election district. 
 The expense of such registration shall be paid by the city or town from which the 
 same is made. 
 
 2138. Id. Official registry. Before the day on which any special election is 
 appointed to be held, and in cities of the first and the second class, before the day 
 on which any primary election is appointed to be held, the registry agent must 
 furnish one of the judges in his election district, at a time not later than one day 
 next preceding the day on which the election is to be held, a copy of the official 
 register for his district, but no copies need be posted. 
 
 2139. Registry agents. Quaiifications. Terms. Removal. There shall be but one 
 registry agent for each election district. All registry agents shall be competent 
 persons and shall be appointed by the board of county commissioners. They shall be 
 resident qualified voters in the several election districts for which they shall be 
 appointed. They shall be, and an? hereby empowered and authorized to administer 
 oaths and affirmations and to do such other acts as may be necessary to fully carry 
 out the provisions of this chapter; provi.led, that no person or candidate for, or who 
 holds a state, county, or other office, shall be eligible to or hold the office of registry 
 agent. All registry agents shall be appointed biennially, at the regular meeting of 
 the board of county commissioners held nearest to the 1st day of June preceding 
 each general election, and shall hold their office for the period of two years, except 
 as herein otherwise provided, but they shall be subject to removal at any time by 
 the board of county commissioners. On the appointment of his successor, the registry 
 agent shall deliver to such successor the official register for his district and all other 
 books and documents in his possession pertaining to such office. In case any registry 
 agent resigns or becomes a non-resident of his district, he shall at once notify the 
 county clerk, and deliver to him all books and documents in possession of such registry 
 agent pertaining to his office. 
 
 2140. Change of district boundaries. New registry lists. Whenever the boundaries 
 of any election district have been changed, or a new district created, it shall be the 
 duty of the registry agents of the districts affected to meet prior to the first day 
 of the next ensuing registration and transfer from one official register to the other, 
 as the case may require, the names of all voters residing within the territory affected 
 by such change. Any registered voter whose name has been erronously trans- 
 ferred from one official register to another, or erroneously allowed to remain on any 
 official register, may be permitted to vote in the district in which be resides upon 
 taking the registration oath before one of the election judges and presenting to 
 such judges sufficient proof that, through the error of the registration agent, his 
 name does not appear on the official register. 
 
 2141. Person must register to vote. No person shall hereafter be permitted to 
 vote at any general, special, municipal, or school election, or at any primary election 
 for the nomination of officers to be voted for at municipal elections in cities of the 
 first and the second class, without having first been registered within the time and 
 in the manner and form required by the provisions of this chapter. 
 
14 ELECTIONS— PRIMARY ELECTION 
 
 Primary Elections 
 
 2150. Presiding officers and judges of elections at primary elections. Opening and 
 closing of polls. Political parties, organizations, or associations in this state may 
 appoint presiding officers and judges of election at any primary election that they 
 may deem just and proper. In all cities of the first and the second class the polls 
 at _s_uch primary election shall be open at four o'clock in the afternoon and close 
 at nine o'clock in the afternoon of the same day on which such election is held; 
 provided, however, that the foregoing provisions shall not apply to primary elections 
 for the nomination of officers provided by law to be elected in cities of the first and 
 the second class. In cities of the first and the second class primary elections for the 
 nomination of officers shall be conducted as provided in § 2325. 
 
 2151. Who entitled to vote. No person shall be entitled to vote at any primary 
 election unless of the age of twenty-one years, and a duly qualified voter under the 
 laws of this state, or shall have been a duly qualified voter at the next ensuing state, 
 city, or school election for which such primary is being held under the prescribed 
 rules and regulations of the political party, or organization, or association so hold- 
 ing the primary election; provided, that in the selections of candidates to be voted 
 for at elections for municipal offices, in cities of th« first audi the second class, 
 all persons entitled to vote at the ensuing city election shall be entitled to participate 
 in such primary. 
 
 2152. Challenge. Oath. Judges to keep record. The vote or ballot of any person 
 offered at any primary election shall, upon challenge by any lawful voter, be rejected, 
 unless he be sworn as to his qualifications as such voter, and the presiding officer 
 or any judge of election at such primary is hereby empowered, and it shall be his 
 duty, to administer an oath to such person, and to any other person offering to 
 vote, as he may deem advisable, which oath shall be substantially as; follows: "You 
 do solemnly swear that you will true answers make to such questions as shall be 
 
 ■ put to you by any judge of this primary election, touching your qualifications to vote 
 at the same." It shall be the duty of the judges at such primary election to keep a 
 record of the interrogatories propounded to any person who shall have been sworn 
 
 >as herein provided, and also a record of his answers, which shall be deposited with 
 the county clerk of the county in which such primary election is held. Any person 
 who shall intentionally make false answers to a,ny questions put to him by the 
 officers at such primary election shall be deemed guilty of perjury. 
 
 2153. Fraudulent voting. If any person, teller, or officer at any primary election 
 shall intentionally receive the vote of any individual who shall have been challenged, 
 or who is known to him not to be entitled by the rules and regulations of the asso- 
 ciation, organization, or political party holding the primary election to vote at such 
 primary election, unless the same shall have first been sworn in, as aforesaid, or 
 shall in any manner fraudulently and unlawfully deposit or put any ballots into, or 
 take any ballots from, the ballot box at such primary election, or shall fraudulently 
 and unlawfully mix any ballots cast at any primary election, or shall intentionally 
 make any false account, statement, or return of the ballots cast or the vote taken at 
 such primary election shall be deemed guilty of a misdemeanor. 
 
 2154. Only legal voters can vote at primaries. Any person who is not a legal 
 voter at any election following any primary in this state, 'who shall vote or attempt 
 to vote at such primary, or any person who shall vote or attempt to vote at more 
 than one primary held in the same or different precincts, wards, or cities,, or who 
 shall attempt to vote or shall vote at any primary in any precinct, ward, or city, 
 where such person does not reside and is not entitled to vote, shall be deemed guilty 
 of a misdemeanor. 
 
 2155. Receiving unla\Arful vote, etc. Any person, teller, or officer at any primary 
 who shall intentionally receive the vote of any individual who is known to him not 
 to be entitled to vote, or any person who shall in any manner fraudulently and unlaw- 
 fully deposit, or put any ballots into, or take any ballots from, the ballot box or 
 other receptacle for the deposition of ballots at such primary election, or shall fraudul- 
 ently and unlawfully mix any ballots cast at any primary election, or shall intention- 
 ally make any false account, statement, or return of the ballots cast or the vote taken 
 at such primary, shall be deemed guilty of a misdemeanor. 
 
ELECTIONS— NOMINATIONS 15 
 
 Nominations 
 
 2180. By conventions. Any convention of delegates of a political party which 
 presented candidates at the last preceding election held for the purpose of making 
 nominations for public office, and also voters to the number and in the manner speci- 
 fied in § 2183, may nominate candidates for public offices to be filled by election 
 within this state. A convention, within the meaning of this chapter, is an organized 
 assemblage of voters or delegates representing a political party which at the election 
 before the holding of such convention polled at least two per cent of the entire 
 vote cast in the state, county, or other political division or district for which the 
 nomination may be made. A committee appointed by any such convention may also 
 make nominations to public office or fill any vacancies in the nominations made by 
 the convention when authorized to do so by resolution duly passed by the convention 
 at which such committee was appointed; provided, that nothing in this section or 
 chapter contained shall be construed so as to authorize any number of voters, con- 
 vention, or committee of any political party to nominate more than one group of 
 candidates or have placed on the official ballot more than one group of candidates or 
 more than one ticket, by adopting any name, emblem, or device, other than the 
 regular name, emblem, and device of the political party represented by the voters, 
 committee, or convention, making such nomination; provided, further, that any voters, 
 convention, or committee of any political party may nominate any one or more 
 person or persons who may have been nominated by any other voters, conven- 
 tion, or committee, but in making such nomination, the name of such nominee shall 
 be placed upon the regular ticket of the pplitical party represented by the voters, con- 
 vention, or committee making such nomination, and no political party shall be per- 
 mitted to have placed upon the official ballot, either directly or indirectly, more than 
 one ticket or more than one group of candidates, or to group the same persons on 
 different tickets by the same party under a different name or emblem. In cities of 
 the first and the second class all candidates for municipal offices shall be nominated as 
 provided by § 2325. 
 
 2181. Certificate of nomination. Form. All nominations made by such conven- 
 tion or committee shall be certified as follows: The certificate of nomination, which 
 shall be in writing, shall contain the name of the office for which each person is 
 nominated, the name, postoffice address, if any, the residence of each such person, 
 and if in a city, the street, number of residence, and place of business, if any, and 
 shall designate in not more than five words the party which such convention or 
 committee represents. It shall be signed by the presiding officer and secretary of 
 such convention or committee, who shall add to their signatures their respective 
 places of residence and postoffice addresses, and make oath, before an officer qualified 
 to administer tjie same, that the affiants were such officers of such convention or 
 committee, and that said certificates and the statements therein contained are true, 
 to the best of their knowledge and belief. "When the nomination is made by a 
 committee, the certificate of nomination shall also contain a copy of the resolution 
 passed at the convention which authorized the committee to make such nomination. 
 In the case of electors for president and vice-president of the United States, the 
 names of candidates for president and vice-president may be added to the political 
 or party appellation. 
 
 2182. Id. Wliere filed. Certificates of nomination of candidates for offices to be 
 filled by the voters of the 'entire state, or of any division or district greater than a 
 county, shall be filed with the secretary of state. Certificates of nomination of candi- 
 dates for offices to be filled by the voters of any city or town shall be filed with the 
 recorder of such city, or the clerk of such town. All other certificates of nominations 
 shall be filed with the clerks of the respective counties wherein the officers are to be 
 elected. 
 
 2183. Nominations by certificates. Candidates for public office, except candidates 
 for municipal offices in cities of the, first and the second class, may be nominated 
 otherwise than by convention or committee in the manner following: A certificate 
 of nomination containing the names of candidates for the offices to be filled, with 
 such information as is required to be given in the certificates as hereinbefore pro- 
 vided for in other cases, except that such certificates shall designate in not more than 
 five words, instead of a party, the political or other name which the signers shall 
 select, shall be signed by voters residing within the district or political division and 
 
16 ELECTIONS— NOMINATIONS 
 
 for which the officer or officers are to be elected, to the number of at least five 
 hundred, when the nomination is for an office to be filled by the voters of the entire 
 state; .of at least one hundred, when the nominations for an office to be filled by 
 the voters of the district less than the state and greater than a county, or by the 
 voters of a county; and of at least fifty, when the nomination is for an office to be 
 filled by all the voters of a precinct, town, city, or other divisions, less than a county. 
 The signatures to a certificate of nomination need not all be appended to one paper. 
 The certificate may designate or appoint upon the face thereof one or more persons, 
 who, for the purposes set forth in §§ 2191-2192, shall represent the signers of said 
 certificate. Each voter signing a certificate shall add to his signature, his place of 
 residence, and shall, before an officer duly authorized to take acknowledgments, 
 acknowledged his signature and take oath that he is a voter within and for the political 
 division for which such nomination is made, and has truly stated his residence. Such 
 • certificate shall also contain a statement by the voter that the name or names of the 
 person or persons nominated in the certificate will not be printed upon the official 
 ballot, or upon any party ticket as the nominees of any political party or voters and 
 that the name or names of the persons nominated in the certificate will not be 
 printed upon the official ballot under the name or device adopted in the certificate. 
 It is hereby made the duty of the officers making up the official ballot to erase from 
 the certificate any name or names of nominees contained in such certificate that 
 will otherwise appear printed upon the official ballot as the party ticket. Such 
 certificate, when executed and acknowledged as above prescribed, may be filed as 
 provided for in § 2182, in the same manner and with the same effect as a certificate 
 of nomination made by a convention or committee as provided in § 2180; provided, 
 however, that in cities of the first and the second class all candidates for municipal 
 offices shall be nominated as provided in § 2325. 
 
 2184. Names of candidates in certificate not to exceed offices in number. No cer- 
 tificate of nomination shall contain the names of more candidates for any office than 
 there are offices tq fill; but if any such certificate does contain the names of more 
 candidates than there are offices to fill, only those names which come first in order 
 on such certificates and are equal in number with the number of offices to be filled, 
 shall be taken as nominated, and all the rest of such names shall be treated as sur- 
 plusage. No person shall sign more than one certificate of nomination for any office. 
 
 2185. Certificate to be preserved two years. The secretary of state shall cause 
 to be preserved in his office for the period of two years all certificates of nomination 
 filed therein under the provisions of this chapter; and each county clerk, city 
 recorder, or town clerk shall cause to be preserved in his office for a like period all 
 certificates of nomination filed therein. All such certificates shall be open to public 
 inspection, under proper regulations to be made by the officers with Whom the same 
 are filed. 
 
 2186. Time of filing certificates of nomination. When nominations are made by 
 a convention or committee, the certificates of nomination to be filed with the secretary 
 of state shall be filed not more than sixty nor less than thirty days before the day 
 of election, and the certificates of nomination herein directed to be filed with the 
 county clerk shall be filed not more than sixty nor less than fifteen days before 
 election; and the certificates of nomination herein directed to be filed with the city 
 recorder or town clerk shall be filed not more than thirty nor less than fifteen days 
 before election. Certificates of nomination, otherwise than by convention or commit- 
 tee, shall, when required to be filed with the secretary of state, be filed not more 
 than forty nor less than thirty days before election; and when required to be filed 
 with the county clerk, shall be filed not more than thirty nor less than fifteen days 
 before election; and when required to be filed with the city recorder or town clerk, 
 shall be filed not more than thirty nor less than fifteen days before election. 
 
 2187. Secretary of state to certify nominations to county clertc. The secretary of 
 state shall, immediately upon the expiration of the time within which certificates of 
 nomination may be filed with him and corrections thereof made, certify to the county 
 clerk of each county, within which any of the voters may by law vote for the candidates 
 named in the certificate, the name and description of each such candidate, together 
 with the other details mentioned in such certificate of nomination so filed with the 
 secretary of state. 
 
 2188. List of nominations to be published or posted. Before an election to fill any 
 public office, the county clerk of each county, or recorder of each city, or town clerk 
 
ELECTIONS— NOMINATIONS 17 
 
 of each town, shall publish in at least one and not more than two newspapers pub- 
 lished within the county, city, or town, as the case may be, or post notices in at 
 least three conspicuous places in each precinct where such election is to be held, a 
 list of all the nominations to offices certified to him under the provisions of this 
 chapter; provided, however, that in cities of the first and the second class publication 
 of nomination of candidates shall be made as provided in § 2325. Such publication 
 shall be made three times, except as otherwise provided in this section, the first 
 publication to be not less than six days nor more than ten days prior to The day 
 of election, and shall contain the name and the party or other designation of each 
 candidate, and shall be, as far as possible, in the form of the official ballots. In the 
 case of municipal elections, such publication of the names of candidates for muni- 
 cipal offices shall be made in newspapers which are published in the municipality where 
 the election is to be held. One of such publications shall be made in the newspapers 
 which advocate the principles of the political party that at the last preceding state 
 election cast the largest number of votes, and another of such publications, if more 
 than one is to be made, shall be in the newspaper which advocates the principles of 
 the political party which at the last preceding state election cast the next largest 
 number of votes. The clerk or recorder, in selecting the respective papers for such 
 publication, shall select those which, according to the best information he can 
 obtain, have the largest circulation within the county. If there be no daily news- 
 paper published within the county, city, or town, as the case may be, one publication 
 in each newspaper shall be sufficient. Should the clerk or recorder find it imprac- 
 ticable to make the publication six days before the election day, in counties where 
 no daily newspaper is printed, he shall make the same at the earliest possible day 
 thereafter. One of the publications in any newspaper shall be in the last issue 
 thereof before the day of election. In counties, cities, or towns where it is im- 
 practicable to make publication in newspapers advocating opposite political prin- 
 ciples, publication shall be made in the newspaers having the largest circulation. In 
 counties, cities, or towns where there are no newspapers published, the clerk or 
 recorder shall post double the number of printed lists, and such additional lists shall 
 be posted in other conspicuous places in different portions of the county, city, or 
 town as the case may be. 
 
 2189. Copies of nomination lists to registry agents. Posting. The county clerk 
 of each county, and the city recorder of each city, and the town clerk of each 
 town shall, at least six days before election day, send to the registry agent in each 
 election district in such county, city, or town, at least five or not more than ten 
 copies, for each election district, of printed lists containing the name and party or 
 other designation of each candidate nominated, as hereinbefore provided, to be voted 
 for by the voters of the respective counties, cities, or towns. Such lists shall, at least 
 three days before the day of election, be conspicuously posted by such registry agents 
 in one or more public places in each election district of the county, city, or town, 
 one or more of which shall be duly posted where such election is to be held; provided, 
 that in elections for municipal offices in cities of the first and the second class the 
 printed lists containing the names of candidates shall be arranged as provided in 
 § 2325. 
 
 2190. Objections to nominations to be in writing. Curing defects. All certificates 
 of nominations which are in apparent conformity with the provisions of this chapter 
 shall be deemed to be valid unless objection thereto shall be duly made in writing 
 jvithin three days after the filing of the same. In case such objection is made, notice 
 thereof shall forthwith be mailed to all the candidates who may be affected thereby, 
 addressed to them at their respective postoffice addresses, if any, or places of resi- 
 dence as given in the certification of nomination. The officer with whom the original 
 certificate was filed sha.ll pass upon the validity of such objection, and his decision 
 shall be final; provided, that such officer shall decide such objection within at least 
 forty-eight hours after the same is filed, and any objection sustained may be remedied 
 or defect cured upon the original certificate, or by an amendment thereo, or by filing 
 a new certificate within three days after such objection is sustained. 
 
 2191. Notice of declination. Whenever any person nominated for public office, 
 as in this chapter provided, shall, not less than twelve days before the day of election, 
 if he shall have been nominated as provided in § 2180, or not less than ten days before 
 the day of election, if he shall have been nominated as provided in § 2183, notify the 
 officer with whoni the original certificate of his nomination was filed, in writing signed 
 by him and duly acknewledged, that he declines such nomination, the same shall be 
 void, and his name shall not be printed upon the party ticket of the party certifying 
 his nomination. The officer to whom such notification is given shall forthwith inform. 
 
18 ELECTIONS— NOMINATIONS 
 
 by mail or otherwise, one or more persons whose names are attached to the original 
 certificate of nomination that such nomination has been declined. 
 
 2192. Vacancies. Should any person so nominated resign or decline the nomina- 
 tion, as in this chapter provided, or die before election day, or should any certificate 
 of nomination be insufficient or inoperative, because of failure to remedy or cure 
 the same, the vacancy or vacancies thus occasioned may be filled in the same manner 
 required in the original nomination. If the original nomination was made for a party 
 convention which had delegated to a committee the power to fill vacancies, such 
 committee may, upon the occurring of such vacancies, proceed to fill the same. The 
 chairman and the secretary of such committee shall thereupon make and file with the 
 proper officer a certificate, setting forth the cause of the vacancy, the name of the 
 person nominated, the office for which he was nominated, the name of the person 
 for whom the new nominee is to be substituted, the fact that the committee was 
 authorized to fill vacancies, and such further information as is required to be given 
 in an original certificate of nomination. The certificate so made shall be executed 
 and sworn to in the manner prescribed for the original certificate of nomination, 
 and shall, upon being filed at least eight days before the election, have the same force 
 and effect as an original certificate of nomination. When such certificate shall be 
 filed with the secretary of state, he shall, in certifying the nominations to the various 
 county clerks, insert the name of the person who has been nominated to fill the 
 vacancy in place of the original nominee, and in the event that he has already sent 
 forward his certificate, he shall forthwith certify to the county clerks of the proper 
 counties the name and description of the person so nominated to fill the vacancy, the 
 office he is nominated for, together with the other details mentioned in the certificate 
 of nominations so filed with the secretary of state, and the name of the person for 
 whom such nominee is substituted. The chairman and the secretary of such committee 
 may in like manner make and file with the proper officer a certificate, setting forth the 
 occurrence of a vacancy by death, resignation, or otherwise, and the further fact that it is 
 not the intention of such committee to fill such vacancy. When such certificate shall be 
 filed with the secretary of state, he shall certify such vacancy to the several county clerks 
 forthwith. The secretary of state shall not be required to make any certificate of 
 new nominations or vacancies after eight days before election day, exclusive of election 
 day; provided, further, that in cities of the first and the second class, should any 
 candidate for auditor, mayor, or commissioner resign, or decline the nomination, or 
 die before election day, or for any other reason should such nominatin become vacant, 
 void, or inoperative, then and in that event the candidate receiving the next highest 
 number of votes at the primary election held for the nomination of such candidate 
 as in this act provided, shall be the candidate to fill such vacancy. 
 
 2193. Proposed constitutional amendments. Duty of secretary of state and county 
 clerk. Whenever a proposed constitutional amendment or other question, except the 
 Incurring of a bonded indebtedness, is to be submitted to the people for popular vote 
 at any general election, the secretary of state shall duly, and not less than fifteen days 
 before election, certify the same to the county clerk of each county of the state, desig- 
 nating each amendment or question by number and also by a title which shall cover 
 the subject matter of the amendment or question submitted, and the county clerk of 
 each county shall cause to be printed both number and title of the propositions or 
 questions to be submitted, upon the ballot to be used on election day, in the publication 
 provided for by § 2188. and in the notice provided for by § 2199. 
 
ELECTIONS— BALLOTS AND VOTING 19 
 
 Ballots and Voting 
 
 2205. Official ballots, how provided. Except as otherwise provided by law, it 
 shall be the duty of the county clerk of each county to provide printed ballots for 
 every election of public officers in which the voters, or any of the voters, within the 
 county participate; and to cause to be printed on the ballot the name of every candi- 
 date whose nomination has been certified to or filed with the county clerk in the 
 manner provided for in the precgding chapter. It shall be the duty of the recorder 
 of any city, or clerk of any town, except as otherwise provided by law, to provide 
 printed ballots for every election of public officers in which the voters, or any of 
 tfie voters, of such city or town participate; and to cause to be printed on the ballot 
 the name of every candidate whose nomination has been certified to, or filed with, 
 such city recorder or town clerk, In the manner provided by law. The official ballots 
 shall be printed and in the possession of the county clerk, city recorder, or town 
 clerk, at least four days before election, and subject also to inspection by the candi- 
 dates and their agents. 
 
 2206. Sample ballots. Sample ballots printed upon paper of a different color from 
 the official ballots, but in the form of those to be used on election day, each contain- 
 ing the names of the candidates which are to be printed upon the appropriate official 
 ballot, shall be printed and in the possession of the county clerk or other officers 
 charged with the duty of preparing such ballots seven days before the day of election, 
 subject to public inspection. Sample ballots shall be delivered to the election officers 
 and posted with the cards of instruction provided for in the next succeeding section. 
 
 2207. Instructions for voters to be printed and distributed. The county clerk 
 of each county, or the city recorder or town clerk, as the case may be, charged with 
 the duty of providing ballots, shall cause to be printed on cards, and in the English 
 language, instructions for the guidance of voters in preparing their ballots. Twelve 
 such cards so printed shall be furnished by such clerk or recorder to the judges of 
 election in each election district, at the same time and in the same manner as the 
 printed ballots. The election judges shall post not less than one of such cards in 
 each place or compartment provided for the preparation of ballots, and not less than 
 three of such cards elsewhere in and about the polling place on the day of election. 
 Such cards shall be printed in large, clear type, and shall contain instructions to 
 the voters on the following matters, to wit: 
 
 1. How to obtain ballots for voting: 
 
 2. How to prepare the ballots for deposit in the ballot box; 
 
 3. How to obtain a new ballot in the place of one spoiled by accident or mis- 
 take. 
 
 4. How to obtain assistance in marking ballots; 
 
 5. Not to vote a spoiled or defaced ballot; 
 
 6. That identification marks or otherwise spoiling or defacing a ballot will render 
 it invalid; 
 
 7. Whenever the approval of a constitutional amendment is submitted to the 
 vote of the people, the county clerk of each county, or the city recorder or town 
 'clerk, as the case may be, charged with the duty of providing ballots,- shall cause to 
 be printed on cards in large, clear type, the original provision of the constitution, to- 
 gether with the proposed amendment thereto in different type, enclosed in brackets 
 in such manner that the nature of such amendment shall be clearly indicated. If there 
 be more than one amendment submitted, they shall be placed upon said cards in 
 columns in the same order as they will appear upon the official ballot, and there shall 
 be placed at the foot of each of said proposed amendments the question as the same 
 appears upon the official ballot. Twelve of such cards shall be furnished by such clerk 
 or recorder to the judges of election in each election district at the same time and 
 in the same manner as the printed ballots. The election judges shall post not less 
 than one of such cards in each place or compartment provided for the preparation of 
 ballots, and not less than three of such cards in and about the polling place on the 
 day of election. 
 
 2208. Form of ballot. One ballot box at each polling place. All nominations of 
 any political party or group of petitioners shall be placed under the party name 
 or title of such party or group as designated by them in their certificates of nomina- 
 tion or petition, or, if none be designated, then under some suitable title, and the 
 
20 ELECTIONS— BALLOTS AND VOTING 
 
 ballots shall contain no other names, except that, in case of electors for president and 
 vice-president of the United States, the names of the candidates for president and 
 vice-president may be added to the party or political designation. It shall be lawful to 
 designate the political party or group of petitibners, as the case may be, by an appro- 
 priate emblem or design, such as a flag, eagle, rooster; or other device, as may be 
 set forth in the certificate of nomination; provided, that no two sets of nominations 
 shall use or have the same device, and that each political party or group of petitioners 
 shall have the prior right to use the device used by it at the last similar election. 
 Each list of candidates for the several parties and groups of petitioners shall be called 
 a ticket and be placed in a separate column on the ballot in such order as the author- 
 ities charged with the printing of the ballots shall decide. The columns containing 
 the lists of candidates, including the party name and device, shall be separated by 
 heavy parallel lines. The ballots shall be on plain white paper, through which the 
 printing or writing cannot be seen, and in any one county must be uniform in size. 
 The party name or title shall be printed in capital letters not less than one-fourth of an 
 inch in height, and a circle one-half inch in diameter shall be printed immediately 
 below the party name or title, the top of which circle shall be placed not less than two 
 inches below the perforated line. The offices -to be filled shall be plainly printed 
 immediately above the names of the candidates for the same. The names of candi- 
 dats shall be printed in capital letters not less than one-eighth nor more than one- 
 fourth of an inch in height, and at the right of the name of each candidate a square 
 shall be printed, the sides of which shall be not less than one-fourth of an inch in 
 length. At the . right of the ballot there must be left a blank ticket long enough to 
 contain as many written names of candidates as there are persons to be elected, 
 in which ticket shall be printed the names of the offices to be filled as in the other 
 tickets. Whenever the approval of a constitutional amendment or other question is 
 submitted to the vote of the people, such question shall be printed on the ballot after 
 the list of candidates. The extreme top part of each ballot above the portion which 
 contains the party names and emblems shall be divided by a perforated line, the top 
 portion being known as the stub, which shall be not less than one inch in width, 
 upon which stub shall be printed the number of the same. Ballot stubs shall be num- 
 bered consecutively. On the back of each ballot shall be printed in capital letters in 
 two line pica gothic or type not smaller in size, the indorsement: "Official ballot 
 
 for ; ," and after the word "for" shall follow the designation of the election 
 
 district or political division for which the ballot is prepared, and the date of the 
 election, and a fac-simile of the signature of the clerk or recorder' who has caused 
 the ballot to be printed. The ballot shall contain no caption or other indorsement 
 except as in this section provided. Each county or town clerk, or city recorder, shall 
 use precisely the same quality and tint of paper, and kind of type, and quality .and 
 tint of plain, black ink for all ballots furnished by him at one election. Whenever 
 candidates are to be voted for only by the voters of a particular district, county, city, 
 town, or other political division, the names of such candidates shall not be printed 
 on any other ballot than those provided for use in such district, county, city, town, or 
 political division respectively. The ballot shall be of such form and the indorsements 
 thereon so printed that they may be folded in such a way that when so folded 
 the whole indorsement shall be visible and the contents of the ballot shall not be 
 exposed. There shall be but one ballot box at each polling place for receiving ballots 
 cast for candidates for office. 
 
 2209. Nuimber of ballots to be provided: The county clerk of each county, and 
 the city recorder of each city, and the town clerk of each town, when charged by this 
 chapter with the duty of printing and preparing ballots, shall provide for each election 
 district in a county, city, or town, one hundred ballots for every fifty or fraction of fifty 
 voters registered at the last preceding election in the election district. If there is no 
 registry list in the district, such ballots shall be provided to the number of one hun- 
 dred of each kind for every fifty or fraction of fifty voters who voted at the last pre- 
 ceding election in such district. When a district shall be divided or the boundaries 
 changed, the county clerk, or city recorder, or town clerk, as the case may be, must 
 ascertain as nearly as possible the number of voters in the new district or districts 
 and provide therefor a sufficient number of ballots in the above proportion. 
 
 2210. Ballots printed at public expense. Except as otherwise provided by law, 
 all ballots cast in elections for public officers, or for the decision of any question sub- 
 mitted to electors within the state, shall be printed and distributed at public expense. 
 The printing of ballots and cards of instruction for the voters of each county, and the 
 delivery of the same to the election officers, as hereinafter provided, shall be a county 
 charge, the payment of which shall be provided for in the same manner as the pay- 
 ment of other county expenses, but the expense of printing and delivering ballots and 
 
' ELECTIONS— BALLOTS AND VOTING 21 
 
 cards of instruction to be used in municipal elections shall be a Charge against the 
 city or town in which such election shall be held. 
 
 2211. Delivery of ballots. Expense. Sealed packages. Receipts. The county 
 clerks of the various counties of the state, and the city recorder, and the town clerks, 
 as the case may be, shall, prior to election, cause to be delivered, at the expense of 
 the country, city, or town, to the election judges in their respective districts, the 
 proper number of ballots provided for the use of the voters at such election in such 
 district. The same shall be sent in two sealed packages for each election district in 
 said county, city, or town, with the marks on the outside of each, clearly stating the 
 election district and polling place in said county, city, or town for which it is intended, 
 together with the number of ballots inclosed. Each of such packages shall contain one- 
 half of the number of ballots intended for such election district. Such packages shall 
 be delivered prior to Monday noon before election day, one to each of the two judges 
 of election in each district, who are members fo the political parties which cast the 
 largest and next largest number of votes at the last general state election. Receipts for 
 ballots thus delivered shall be given by the election judges who receive them, and 
 filed with the clerk of the county, city, or town, as the case may be, who shall also 
 keep a record of the time when, and the manner in which, each of said packages was 
 sent and delivered. The several election judges receiving such packages shall, at the 
 opening of the polls, on election day, produce the same with the seals unbroken in the 
 proper polling place, and shall in the presence of all three judges open the said 
 packages. 
 
 2212. Substitute ballots. If the ballots to be furnished to any election judges, 
 as herein provided, shall not be delivered at the time above mentioned, or if after 
 delivery they shall be destroyed or stolen, it shall be the duty of the said clerk of the 
 county, or recorder of said city, or clerk of said town, to cause other ballots to be pre- 
 pared, as nearly in the form prescribed as practicable, with the word "substitute" 
 printed in brackets immediately under the fas-simile signature of the clerk or recorder 
 preparing such ballots, and upon receipt of the ballots thus prepared from such clerk 
 or recorder accompanied by a statement under oath that the same have been prepared 
 and furnished by him, and that the original ballots have so failed to be received, or 
 have been destroyed or stolen, the election judges shall cause the ballots so substituted 
 to be used at the election. If from any cause none of the official ballots or substitute 
 ballots prepared by the county clerk, the city recorder, or town clerk, as herein 
 prescribed, shall be ready for distribution at any polling place, or if the supply of 
 ballots shall be exhausted before the polls are closed, unofficial ballots, printed or 
 written, made as nearly as possible in the from of the official ballots, may be used 
 until substitutes prepared by the clerk or recorder as provided in this section can 
 be printed and delivered. 
 
 2213. Appointment of judges of election. Vacancies. Absence. Compensation. 
 Judges to act as clerks. Judges of election shall be appointed for each election district 
 in the manner following: The board of county commissioners for each county in the 
 state, between the 5th and 20th day of October in each year of a general election, 
 shall appoint three qualified electors, at least two of whom shall be of opposite political 
 parties, to act as judges of election in each election district, at general and special 
 elections, until their successors are appointed. On or before the last day of September 
 in each year of a general election, political parties, or any committee thereof, may 
 each file with the clerk of the board of county commissioners a list, designating six 
 or more persons in each election district in such county, together with their residences 
 and occupations, which shall be subscribed by the chairman or secretary of the 
 county organization of the political party, and an affidavit shall be added 'thereto, 
 subscribed by the said chairman or secretary, stating that he is such officer or acting 
 officer duly appointed and with authority to file such list on behalf of such party; that 
 the names submitted are names of qualified electors of such district, respectively; 
 that, according to the best knowledge and belief of such affiant, each of such per- 
 sons named in such list is a credible, competent, and trustworthy person. The 
 county commissioners shall appoint three persons for each polling place from the 
 lists so submitted as judges of election. Whenever political parties shall fail to file 
 such list or lists, or whenever such list or lists, when filed, shall be incomplete, all 
 such omissions shall be supplied by persons elected by the board of county commis- 
 sioners. Vacancies in the office of judge of election shall be filled by said board of 
 county commissioners; provided, that in case any judge of election shall fail on the 
 morning of election to appear or from any cause shall fail or refuse to act, the 
 qualified electors present at the polling place at the hour designated by law for the 
 opening of the polls, provided said electors shall be not less than six in number. 
 
22 ELECTIONS— BALLOT S AND VOTING 
 
 shall immediately fill the vacancy, by appointing another person qualified to act, who 
 shall be a member of the same political party as the judge whose place he is appointed 
 to fill. Judges of election shall designate which of their number shall preside and 
 which shall act as clerks. If any board of county commissioners shall fail to comply 
 with the provisions of this section, each and every member thereof shall be guilty of 
 a misdemeanor and shall be punished by a fine of not more than $100 for every 
 offense. In case of a conflict arising before such board, owing to different persons 
 claiming the right to certify such list for any political party, the board shall have 
 authority to decide between such lists; provided, that they shall select only names 
 included in a sworn list as above mentioned; and, provided, further, that any person 
 making a false statement in any such affidavit shall be guilty of perjury and punished 
 as provided by law. Judges of election shall receive such compensation, not to exceed 
 $3 per day, as may be fixed by the board of county commissioners. 
 
 2214. Polling places, booths, ballots, etc. Alteration or division of election dis- 
 tricts. The board of county commissioners of each county shall designate polling places 
 for each district in such county and shall provide in each polling place designated 
 by them a sufficient number of voting booths, or compartments, which shall be fur- 
 nished with supplies and conveniences, including shelves, pens, penholders, ink, and 
 blotting paper, as will enable the voter to prepare his ballot for voting, and in which 
 voters may prepare their ballots screened from observation as to the manner in which 
 they do so; and a guard rail shall be constructed and placed that only sucn persons as 
 are inside such rail can approach within six feet of the ballot box and of such voting 
 booths and compartments. The arrangement shall be such that the voting booth or 
 compartment can only be reached by passing within such guard rail. And both they 
 and the ballot boxes shall be in plain view of the election officers and of those out- 
 Bide the guard rail. Each booth or compartment shall be at least three feet square, 
 and shall contain a shelf which sliall be at least one foot wide, extending across one 
 side of the booth or compartment at a convenient height for writing, and shall be so 
 arranged that the voter can prepare his ballot screened from observation. No person 
 other than the election officers and watchers provided by law, and those admitted for 
 the purpose of voting, as herein provided, shall be permitted within such guard rail, 
 except by authorityof the judges of election, and then only when necessary to keep 
 order and enforce the law. The number of such voting booths or compartments shall 
 not be less than one for every fifty voters who voted at the last election in the 
 district. The officers who are charged with the duty of providing voting booths or 
 compartments shall also furnish for each polling place a ballot box, which shall be 
 large enough to properly receive and hold the ballots to be cast for candidates for 
 offices, in conformity with the provisions of this chapter. The expense thereof shall 
 be in all cases a public charge, to be provided for in the same manner as other 
 election expenses under this chapter. At the times now prescribed by law and in 
 each year hereafter, the officers charged by law with the division or alteration of 
 the election districts shall alter or divide the existing election districts, whenever 
 necessary, in such manner that each election district shall contain not more than 
 300 voters. 
 
 2215, Application for ballot. Challengers. Watchers. Voting mark described. 
 
 Any person desiring to vote shall give his name, and, if requested so to do, his 
 residence, to one of the judges of election, who shall thereupon announce the same 
 in a loud and distinct tone of voice, clear and audible, and if such name is found 
 upon the registry list by the election judge having charge thereof, he shall likewise 
 repeat the said name, and the voter shall be allowed to enter the space inclosed by 
 the guard rail, as above provided. An election judge shall give him one, and only one, 
 ballot, and before delivering such ballot to the voter, the judge of election having 
 charge of the ballots shall indorse his initials on the stub. The name of such voters 
 shall be immediately checked on said list with the number of such stub. Besides the 
 election officers and watchers, not more than four voters in excess of the number of 
 voting shelves or compartments provided shall be allowed in said inclosed space, 
 within said guard rail, at one time, except as hereinafter provided. Each of the 
 political parties which cast the largest and next largest number of votes at the last 
 general election in the state shall be entitled to have one person as watcher within 
 the guard rail during the casting and counting of votes and declaration of the result 
 thereof. Such person shall be designated and his selection made known to the 
 election judges by an affidatvit made by the acting chairman of the county or state 
 committee of each of such parties; provided, that in case of temporary absence for 
 meals or by reason of sickness or otherwise, the person so selected may have sub- 
 stituted for himself some other person of like political belief, such substitute to be 
 made known to the election judges by an affidavit of the person first to be selected 
 
ELECTIONS— BALLOTS AND VOTING 23 
 
 as watcher. When any person shall make application for a ballot, his right to vote 
 at that poll and election may be orally challenged by any challenger outside the 
 guard rail, upon either or all of the following grounds: 
 
 1. That he is not the person whose name appears on the registration list, and 
 under which name he claims the right to vote; 
 
 2. That he has not resided within the state one year next preceding the election; 
 
 3. That he has not been a citizen of the United States for a period of ninety days 
 next preceding the election; 
 
 4. That he has not resided in the county four months next preceding the 
 election ; 
 
 5. That he has not resided within the precinct for sixty days next preceding the 
 election; 
 
 6. That he does not live in the election district; 
 
 7. That he has voted before on that day; 
 
 8. That he is not of the age of twenty-one years or upwards; provided, that if 
 the person challenged shall take an oath before any of th(? judges of election that the 
 grounds of challenge are untrue, then he shall be entitled to vote. K the person 
 applying is not entitled to vote, no ballot shall be delivered to him. Any person may 
 also be challenged by this chapter, when he shall offer his ballot for deposit in the 
 ballot box. Two challengers representing each political party or set of nominatior* 
 shall be permitted to remain just outside the guard rail, where they can plainly see 
 what is done within the polling place, except within the said booths or compartments. 
 The said polling place shall be so arranged that every part thereof, except inside the 
 said booths or compartments, may be in full view of such challengers and watchers. 
 On receiving his ballot, the voter shall forthwith, and without leaving the inclosed 
 space, retire alone to one of the voting shelves or compartments, and shall prepare his 
 ballot as hereinafter provided. The voting mark shall be a cross in the circle or 
 square, and the cross required to be used in this chapter shall consist of tAvo straight 
 lines as nearly equal in length and crossing each other as near the cnuter of each line 
 as practicable. 
 
 2216. How to mark the ticket. Any voter desiring to vote for all the candidates 
 upon any ticket may mark in the circle above that ticket, or in the r.quares opposite 
 the names of all candidates thereon, or both such markings. If the voter does not 
 desire to vote for a candidate on a ticket the circle of which lie has marked, he may 
 draw a line through the name of such candidate, and the cross in the circle shall 
 count as a vote for all the other candidates on the ticket. To vote lor candidates on 
 two or more tickets, he may mark in the squares opposite the names of stch candidates 
 without marking in any circle; or he may indicate his choice by marTtlng in the circle 
 above one ticket, drawing a line through the names of such candidates on that ticket 
 for whom he does not desire to vote, and marking in the squares opposite the names 
 of the candidates of his choice upon other tickets. The voter may also insert in 
 writing in the proper place in the blank ticket the name of any perscn for whom 
 he desires to vote, and he shall be deemed to have voted for that person, whether he 
 makes or fails to make a cross mark opposite such name. The unnecessary marking 
 of a cross in a square on the ticket below the marked circle shall not affect the 
 validity of the vote. In case of a question submitted to the vote of the people, the 
 voter shall mark in the appropriate margin or place a cross against the answer he 
 desires to give. 
 
 2217. Ballots, how counted. Rejection. Ballots thus marked shall be counted for 
 the candidates designated by the marks in the squares, and for the candidates upon 
 the ticket beneath a marked circle excluding the candidates through whose names the 
 voter may have drawn a line. When a circle is marked and no lines are drawn 
 through the name of any candidate thereunder, the ballot shall be counted for all 
 the names upon the ticket beneath such circle. When more than one circle is 
 marked, the ballot shall be rejected. When only one officer for any offici; is to be 
 elected, if the voter marks in squares opposite the name of more than one candidate 
 therefor; or if, having maj^ked the circle of one ticket, he shall mark the name of a 
 candidate on another ticket without drawing a line through the name of the corre- 
 sponding candidate upon the ticket beneath the marked circle, such vote shall not be 
 counted for such office. When two or more officers of the same kind are to be 
 elected, if more squares opposite the names of candidates for such office are marked 
 than there are officers to be elected to such office; or, if the aggregate nnmber of 
 unscratched names of such candidates on a ticket, the circle of which is marked, 
 added to the number of such candidates on other tickets whose names are marked. 
 
24 ELECTIONS— BALLOTS AND VOTING 
 
 shall exceed the number of officers to be elected to such office, the ballot shall not 
 be counted for any such candidates. Any ballot marked by the voter in any other 
 manner than as authorized in this chapter shall be rejected. No ballot properly marked 
 by the voter shall be rejected because of any discrepancy between the printed ballot 
 and the nomination paper, and it shall be counted for the candidate or candidates for 
 such offices named in the nomination paper. No ballot furnished by the pioper officer 
 shall be rejected for any error in stamping or writing the indorsement thereon by 
 the officials charged with such duties, nor because of any etror on the pail of the 
 officer charged with such duty in delivering the wrong ballots at any polling place, 
 but any ballot delivered by the proper official to any voter shall, if prop(;rly marked 
 by the voter, be counted as cast for all candidates for v/hom the voler had the 
 right to vote, and for whom he has voted. 
 
 2218. Folding and castmg ballot. Time allowed voters. Pe-sons allowed In booth. 
 Before leaving the voting shelf or compartment the voter shall fold his ballot without 
 displaying the marks thereon, in the same manner it was folded when he received It, 
 so that the contents of the ballot shall be concealed and the stub can be removed 
 without exposing any of the contents of the ballot, and he shall keep the same so 
 folded until he has voted. Each voter who has prepared his ballot, and is ready to 
 vote as aforesaid, shall then leave the compartment and ap])roach the judges of election 
 having the ballot box in charge, and give his name to one of tlie judges of election, 
 who shall announce it in a loud and distinct tone of voice, clear and audible. The 
 voter's ballot shall be hanjied to the judge in charge of the ballot box, who shall 
 announce the name of such voter and the number upon the stub of hiij ballot; which 
 number must correspond with the number previously checlced opposite his name on 
 the registry list when the election judge handed him his ballol ; if the stub number 
 of the ballot corresponds and is identified by the initials of the judge placed thereon, 
 the judge shall then remove the stub from such ballot. The judge m charg'i of the 
 poll list shall immediately write the name^,of such voter upon such lisr. Su(.h ballot 
 shall then be returned by said judge to the voter, who shall thereupon m full view of 
 the judges of election deposit the same in the ballot box, wilh the official indorse- 
 ment on the ballot uppermost. Each voter shall mark and ('eposit his ballot without 
 undue delay, and shall quit said inclosed space as soon as he has voted. No such 
 voter shall be allowed to occupy a voting shelf or compartm'jat already occupied by 
 another, nor remain within said inclosed space more than tev minutes, nor to occupy 
 a voting shelf or compartment for more than five minutes, in case all such (shelves or 
 compartments are in use and other voters are waiting to occipy the same. No voter, 
 not a judge of election, whose name has been checked on the registry list of the 
 ballot officers, shall be allowed to re-enter said inclosed sp ice during said election. 
 It shall be the duty of each and all of the judges of election to secure the observance 
 of the provisions of this section and other sections relative to the dutien of voters 
 and of judges and other officers of election. 
 
 2219. Ballots not to be removed. Spoiled ballots. No person shall take or remove 
 any ballot from the polling place before the. close of the polls. If any voter spoils a 
 ballot, he may successively obtain others, one at a time, not exceeding three in all, 
 upon returning each spoiled one. The ballots thus returued shall be immediately 
 canceled. 
 
 2220. Assisting disabled or illiterate voter to prepare ballot. Any voter who de- 
 clares under oath to the judges of election that he canno< read or write the English 
 language, or that, by reason of physical disability, he it imable to prepare his ballot 
 without assistance, or that he is physically unable to enter the polling place, being 
 at the entrance thereto, shall, upon his request, receive the ass'.stance of any two 
 of the .jilection judges, who are of different political part'es, in th'i marking thereof; 
 and such judges shall certify on the outside thereof that it was so marked with their 
 assistance, and shall thereafter give no information regarding the same. The same 
 two judges shall not together successively act as suc'i assist'ints. The judges of 
 election are hereby qualified to administer such oath, and a memorandum shall be 
 made on the poll list of every instance when an oath was administered to a voter as 
 herein provided, stating what facts were sworn to, the rame of affiiant, and the names 
 of the judges who aided the voter in the preparation of his ballot. No judge who 
 assists a voter in the preparation of his ballot, as herein provided, shall in any 
 manner request, persuade, or induce, or seek to persuide or induce, any such voter to 
 vote for or against any particular candidate or cand;<'ates. Nor shall any such judge 
 reveal to another the name of any candidate for w'jom the voter has voted, or any- 
 thing, that took place while he waft assisting such /oter in preparing such ballot for 
 voting. No voter shall divulge to any one within '-he polling place the name of any 
 
ELECTIONS— B ALLOTS AND VOTING 25 
 
 candidate for whom he intends to vote, nor shall he ask for, or receive the assist- 
 ance of, any person within the poiling place, in the preparation of his ballot, except ass 
 provided in this section. When f,ny voter, in addition to the oath required hereinbefore 
 by this section, shall also make oath that he ?annot speak, and understand when 
 spoken, the English language, the election judr;os may select two persons, one from 
 each political party, who shall act as interpret eis and who shall take the oath taken 
 by election judges as nearly as may be, which interpreters may assist such persons 
 who cannot speak, and und-srstand when spoken, the English language, in making up 
 their ballots. 
 
 2221. Defective ballots. Counting or rejecting. If a voter marks in ink more 
 names than there are persons to be elected to an office, or if, for any reason, it is 
 impossible to determine the choice of any voter for any office to be filled, his ballot 
 shall not be counted for such office; provided, however, that a defective or incomplete 
 cross mark on any ballot in ink in a proper place wball be counted, if there be no 
 other mark or cross in ink on such ballot indicating an intention to vote for some 
 person or persons or set of nominations other than those indicated by the first men- 
 tined defective cross mark. No ballot without the official indorsement shall, except as 
 provided in § 2212, be allowed to be deposited in the ballot box, and none but ballots 
 provided in accordance with the provisions of this chapter shall be counted. Ballots 
 not counted shall be marked "defective" on the back thereof. 
 
 2222. Counting the votes. Excess ballots, disposal of. As soon as the polls at 
 any election shall have finally closed, the judges shall immediately open the ballot 
 box and proceed to count the votes polled, and the counting thereof shall be com- 
 menced and continued until finished before the judges shall adjourn. They shall first 
 count the number of ballots in the box. If the ballots shall be found to exceed the 
 number of names on each of the poll lists, the judges of election shall then examine 
 the official indorsements on the outside of the .ballots without opening the same, 
 and if, in the unanimous opinion of the judges, any one or more of the ballots in 
 excess of the number on the poll list be deemed not to bear the proper official endorse- 
 ment, it or they shall be put into a separate pile by themselves and marked "excess 
 ballots." If there is still an excess of ballots, they shall be replaced in the box, and 
 olie of the judges, without looking, shall draw out from the box a number of ballots 
 equal to such excess, and the same shall be laid 'aside and not counted. When the 
 ballots and the poll lists agree, or, as above provided, have been made to agree, the 
 board shall proceed to count the votes; each ballot shall be read and counted separ- 
 ately, and every name included in a marked ticket, set, or list of nominations, or 
 separately marked as voted for on such ballot, where there is no conflict lo obscure the 
 intention of the voter as aforesaid, shall be read and marked upon the tally list, before 
 any other ballot is proceeded with; and the entire number of ballots, excepting 
 "excess" and "defective" ballots, shall be read and counted and placed upon the 
 tally lists in like manner, and when all the ballots have been counted as herein pro- 
 vided, the board shall compute and declare the results. 
 
 2223. Marking tally lists. Certification. As the ballots are openea and read 
 the judges shall, upon tally lists prepared for that purpose, carefully mark down the 
 votes each person shall have received, in separate lines, with the name of such person 
 at the beginning of the line, and the office it is designed by the voter such person 
 shall fill. The judges shall certify the tally lists substantially as follows: 
 
 We, the undersigned, judges of election for district No county of ., 
 
 state of Utah, do hereby certify that the foregoing is a true and correct list of all 
 
 the persons voted for at the election held in said district on the „ day of , 
 
 19 and the number of votes cast for each for the offices respectively named. 
 
 Judges. 
 
 2224. County to furnish poll books. The board of county commissioners of each 
 county must furnish, for the several election districts in each county, poll books, after 
 the forms hereinafter prescribed. 
 
26 ELECTIONS— BALLO T S AND VOTING 
 
 2225. Delivery of poll books to judges. The county clerk, city recorder, or towh 
 
 clerk, as the case may be, shall cause to be delivered to one of the judges of election 
 in each district, at the time the ballots are delivered for such district, two of such 
 blank poll books for the use of the judges of such district, 
 
 2226. Form of poll books. The following is the form of the poll books to be 
 kept by the judges of election, in which shall be written the poll list : 
 
 FORM. 
 
 Poll book of district No „ 
 
 Number and names of electors voting. 
 No. Name. No. Name. No. Name. No. Name 
 
 We, the undersigned, judges of an election held at district, in _ - 
 
 county, state of Utah, on the day of 19 .-.., having first been 
 
 severally sworn according to law, hereby certify that the foregoing is a true state- 
 ment of the number and names of the persons voting in said district ai said election, 
 and that the total number of votes east thereat was 
 
 Judges. 
 
 2227. Disposal of ballots after counting. Marking of excess ballots. At all elec- 
 tions, the ballots as soon as read m\ist be strung on a string by one of the judges, and 
 must not thereafter be examined by any person. The "excess" and "defective" ballots, 
 separately strung, shall, with the counted ballots, be carefully sealed in a strong 
 envelope. Every "excess" or "defective" ballot must be marked by the judges, in 
 
 writing, across the face thereof, "excluded on the ground of ," filling the 
 
 blank with a brief statement of the reasons for the rejection, which statement must be 
 dated and signed by the judges. 
 
 2228. Judges of election to sign and certify poll books, and make returns. As 
 soon as all the votes are counted and the ballots sealed up as aforesaid, the poll books 
 must be signed and certified by the judges. Before they adjourn, the judges must 
 enclose in another strong envelope and seal up and direct to the county clerk, city 
 recorder, or town clerk, as the case may be, the official register, all certificates of 
 registration received by them, one list of the persons challenged, one of the poll books, 
 one of the tally sheets, and the official oaths taken by the judges of election. The 
 judges must enclose in another envelope and direct to the county clerk, city recorder, 
 or town clerk, as the case may be, a copy of the total number of votes- received 
 by each candidate whose name is on the official ballot, the same to be placed on file 
 in the office of the county clerk, city recorder, or town clerk, as the case may be, for 
 public inspection. The stubs of the counted ballots shall be immediately burned by 
 the presiding judge of election. 
 
 2229. Statement of disposition of ballots. The election judges shall also at the 
 same time prepare a statement in writing showing* the number of ballots voted, making 
 a separate statement of the number of unofficial ballots, if any, voted as provided in 
 § 2212, the number of ballots delivered to voters, the number of spoiled ballots, and 
 the number of ballots not delivered to voters, and the number of ballots returned, iden- 
 tifying and specifying the same. All unused ballots, and spoiled ballots, shall be 
 returned with such statement to the county clerk, city recorder, or town clerk, as the 
 case may be, in a sealed envelope. Any election judge who shall fail to thus account 
 particularly for all official ballots placed in his charge shall be deemed guilty of a mis- 
 demeanor. 
 
 2230. Judges to indorse envelopes, etc. Each of the judges must write his name 
 across the seals of the envelope or covers, and must mark on the exterior of the same 
 the word "ballots" or "returns" or "unused ballots" or other words plainly indicating 
 the contents of the packages and the number of the election district. 
 
ELECTIONS— BALLOTS AND VOTING 27 
 
 2231. Lists, etc., open to inspection. Delivery of ballot box. The judges must 
 select one of their number to retain, open to the inspection of electors for at least six 
 months, the other list of persons challenged, the other tally sheet, and the other poll 
 book. The judge so selected must also deliver the ballot box and the key thereof 
 to the district registry agent, by him to be delivered to the presiding judge at any future 
 election during his term of office, and at the termination thereof to be delivered to 
 his successor in office or otherwise disposed of as the county clerk may direct. 
 
 2232. Delivery of sealed packages within twenty-four hours. The sealed packages 
 must, before the judges adjourn, be delivered to one of their number, to be deter- 
 mined by lot, unless otherwise agreed upon. The judge to whom such packages are 
 delivered must, within twenty-four hours, deliver them without their having been 
 opened to the county clerk, city recorder, or town clerk, as the case may be. 
 
 2233. Payment of messengers delivering election returns. There shall be paid out 
 of the treasury of each county, city, or town, as the case may be, to the person carrying 
 the election returns to the clerk or recorder thereof, the sum of $1, and also the sum 
 of 10 cents, one way, for every mile necessarily traveled between the polling place 
 and the place of delivery; provided, that where the polling place is fifteen miles or more 
 from the county seat, the election returns may, in the discretion of the judges of 
 election, be sent to the county clerk, within twenty-four hours, by registered mail, 
 from the postoffice most convenient to said voting place. 
 
 2234. Ballots to be retained one year, then destroyed. Upon receipt of the pack- 
 ages, the clerk or recorder must file the one containing ballots and must keep it 
 unopened and unaltered for twelve months, after which time, if there is not a con- 
 test commenced in some tribunal having jurisdiction, he must bum the package with- 
 out opening or examining the contents. 
 
 2235. Id. Ballots to be preserved till contest is determined. If within twelve 
 months there is such a contest commenced, he must keep the package unopened and 
 unaltered until it is finally determined; when he must, as provided in the preceding 
 section, destroy it, unless such package is, by virtue of an order of the tribunal in 
 which the contest is pending, brought and opened before it, to the end that evidence 
 may be had of its contents, in which event the package and its contents shall be in 
 the custody of such tribunal. 
 
 2236. Returns produced for canvassing. The package containing the returns, the 
 clerk or recorder must produce before the board of county commissioners or such 
 other body as may be lawfully convened, when it is in session for the purpose of 
 canvassing the returns. 
 
 2237. Filing returns. Recorder to transmit poll list, etc., to county clerk. As soon 
 as the returns are canvassed, the clerk or recorder must file' in his office the poll 
 book, lists, and the papers produced before the board from the package mentioned in 
 the preceding section; provided, that in municipal elections the town clerk or city 
 recorder shall, on or before the 1st day of June, prior to the general election, transmit to 
 the county clerk the checked register and poll list used at such election. 
 
28 ELECTIONS— VOTING OF ABSENT ELECTORS 
 
 Voting of Absent Electors 
 
 CHAPTER 42. 
 
 Laws of Utah, 1919. 
 
 An Act providing a metliod by which registered electors absent from their election 
 districts on election day may vote, and prescribing a penalty for violations thereof. 
 
 Be it enacted by the Legislature of the state of Utah: 
 
 Section 1. Elector absent from county may vote. Any qualified elector of this 
 state having complied with the laws in regard to registration, who is absent from the 
 county of which he is an elector on the day of holding any general election, may vote 
 at any such election as hereinafter provided. 
 
 Sec. 2. Application on unexpected absence. At any time within thirty days next 
 preceding such election, any voter expecting to be absent on the day of such election 
 from the county in which his voting precinct is situated, may make application to the 
 county clerk of such county for an official absent voter ballot to be used as hereinafter 
 provided. 
 
 Sec. 3. Form' — color — designation. For all general elections there shall be pre- 
 pared and printed a sufficient number of official ballots to be known as absent voter 
 ballots, which ballots shall be prepared and printed in the same form and shall be of 
 the same size and texture and shall contain the same matter as the regular official 
 ballots, except that they shall be printed upon tinted paper of a tint different from 
 that of the sample and regular ballots. 
 
 Sec. 4. Blank — form. Application for such ballot shall be made upon a blank 
 to be furnished by the county clerk of the county of which the applicant is an elector, 
 and shall be in substantially the following form: 
 
 I, _....., a duly qualified elector, residing at 
 
 county, state of Utah, and to my best knoAvledge and belief entitled to vote at the next 
 election, expecting to be absent from the said county on the day for holding such elec- 
 tion, hereby make application for an official absent voter ballot to be voted by me at 
 such election. 
 
 Date 
 
 (Signed) 
 
 Se.c. 5. Delivery of application. Such application blank shall, upon request there- 
 for, be sent by such county clerk to any absent voter by mail, and shall be delivered 
 to any voter upon application made personally at the office of such county clerk. 
 
 Sec. 6. Absent voter ballot — affidavit. Upon receipt of such application properly 
 filled out and duly signed, or as soon thereafter as the official absent voter ballot for 
 the precinct in which the applicant resides has been printed, the said cuuniy clerk 
 shall send to such absent voter by mail, postage prepaid, one such official absent voter 
 ballot and shall enclose with such ballot an envelope, which envelope shall bear upon 
 the front thereof the name, official title and postoffice address of such county clerk, 
 and upon the other side a printed affidavit in substantially the following rorm. 
 
 County of 
 
 ss. 
 
 I, , solemnly swear that I am a resident elector 
 
 of the - voting district of the_; — 
 
 precinct in „ county, state of Utah, and entitled to vote in such 
 
 precinct at the next election; that I expect to be absent from said county of my 
 residence on the day of holding such election and that I will have no opportunity to 
 vote in person on that day. 
 
 (Name of Voter) 
 
ELECTIONS— VOTING OF ABSENT ELECTORS 29 
 
 Subscribed and sworn to before me this __ day 
 
 of - , 19 , and I hereby certify that this affiant 
 
 exhibited the enclosed ballots to be unmarked, that he then, in my presence and in 
 the presence of no other person, and in such manner that I could not see his vote, 
 marked such ballot, and enclosed and sealed the same in this envelope. That the 
 affiant was not solicited or advised by me to vote for or against any candidate or 
 measure. 
 
 (Notary Public, Justice of the Peace, or other 
 officer authorized to administer oaths.) 
 
 Sec. 7. Subscribing voter — folding and mailing ballot. Such absent voter shall 
 make and subscribe the said affidavit before an officer authorized by law to admin- 
 ister oaths, and such absent voter shall thereupon, in the presence of such officer and 
 no other person, mark such ballot, (but in such manner that such officer cannot see 
 the vote), and such ballot shall thereupon, in the presence of such officer, be folded 
 by such voter so as to conceal the vote, and be in the presence of such officer depos- 
 ited by such voter in said envelope, and the said envelope securely sealed. Said envelope 
 shall be mailed by such absent voter, postage prepaid. 
 
 Sec. 8. Duties of county clerk. Upon receipt of such envelope containing such 
 ballot the county clerk shall forthwith enclose the same, unopened, together with the 
 written application of such absent voter, in a larger envelope, which shall be securely 
 sealed and endorsed with the name or number of the proper voting district, the name 
 and official title of such clerk, and the words, "This envelope contains an absent voter 
 ballot and must be opened only on election day at the polls while the same are open," 
 and such clerk shall thereafter safely keep the same in his office until the same is 
 delivered by him as provided in the next section. 
 
 Sec. 9. Superscription of envelope — transmitting. In case such envelope is re- 
 ceived by such clerk prior to the delivery of the official ballots to the judges of 
 election of the voting district in which such absent voter resides, such ballot, envelope 
 and application sealed in such envelope shall be enclosed with said official ballots and 
 delivered therewith to the judges of such voting district. In case the official ballots 
 for such voting district shall have been delivered to such judges of election at the 
 time of the receipt by the judges of such absent voter ballot, such clerk shall imme- 
 diately enclose such application and such ballot with the envelope containing such 
 ballot, unopened, in a larger envelope which shall be securely sealed by him and 
 endorsed on the front with the name, official title, name of voting district and post- 
 office address of the judges of election of the voting district in which such absent voter 
 resides, and the words, "This envelope contains an absent voter ballot and must be 
 opened only on election day at the polls while the same are open," and forthwith mail 
 the same, postage prepaid, to such judges of election. 
 
 Sec. 10. Procedure by judges of election. At any time between the opening and 
 closing of the polls on such election day, the judges of election of such voting district 
 shall first open the outer envelope only, and compare the signature of such voter to 
 such application with the signature to such affidavit. In case the judges find the 
 affidavit is sufficient and that the signatures correspond, and that the applicant is then 
 a duly qualified elector of such voting district and has not voted at such election, they 
 shall open the absent voter envelope, in such manner as not to destroy the affidavit 
 thereon, and take out the ballot or ballots therein contained, and without unfolding 
 the same, or permitting it to be opened or examined, and having endorsed his initials 
 on the stub in the same manner that other ballots are endorsed, deposit the same in 
 the proper ballot box, showing by the records of such elector to have voted. In case 
 such affidavit is found to be insufficient, or that the said signatures do not correspond, or 
 that such applicant is not then a duly qualified elector of such voting district, such 
 vote shall not be allowed, but without opening the absent voter envelope, the judges 
 of election shall mark across the face thereof, "Rejected as defective," or "Rejected 
 as not an elector," as the case may be. The absent voter envelope, when suca absent 
 vote is voted, and the absent voter envelope with its contents, unopened, when such 
 absent vote is rejected, shall be deposited in the ballot box containing the general or 
 party ballots, as the case may be, retained and preserved in the manner as now by 
 law provided for the retention and preservation of official ballots voted at such 
 election. 
 
 Sec. 11. Provisions of act extended. The provisions of this act shall be con- 
 strued so as to permit any qualified elector of this state who is present in his county 
 
30 ELECTIONS— VOTING OF A BSENT ELECTORS 
 
 after the official absent voter ballots of such county have been printed, and who has 
 reason to believe that he will be absent from such county on election day as before 
 provided in section 2, to vote before he leaves his county, in like manner as an absent 
 voter, and any qualified elector who has marked his ballot as hereinbefore provided, 
 who shall unexpectedly return to his voting district before or on election day, shall be 
 permitted to vote in person, provided his ballot has not already been deposited in the 
 ballot box. 
 
 Sec. 12. Absent voter ballots to be duly prepared. It shall be the duty of the 
 secretary of state, county clerk, or any other officer, by law required, to prepare any 
 general election ballot, to prepare and have printed and delivered to the county clerk, 
 at least fifteen days prior to the holding of such election, a sufficient number of absent 
 voter ballots provided for in section 5, for the use of all voters likely to be absent 
 from such county on the day of such election. 
 
 Sec. 13. False swearing — neglect of duties by officers — penalties. If any person 
 shall wilfully swear falsely to the affidavit in section 6 provided for, he shall upon 
 conviction thereof be deemed guilty of perjury and shall be punished as in such 
 cases by law provided. If the secretary of state or any county clerk or any election 
 officer shall refuse or neglect to perform any of the duties prescribed by this act, or 
 shall violate any of the provisions thereof, or if any officer taking the affidavit pro- 
 vided for in section 6 shall make any false statements in his certificate thereto attached, 
 he shall be deemed guilty of a misdemeanor and shall be punished by a fine of not 
 exceeding $100 or by imprisonment in the county jail for thirty days, or by both such 
 fine and imprisonment. 
 
 Approved March 13, 1919. 
 
ELECTIONS— CANVASS OF RETURNS 31 
 
 Canvass of Returns 
 
 2238. County commissioners a canvassing board. Meeting. The board of county 
 commissioners of each county is ex officio a board of county canvassers for the 
 county, and must meet as such to canvass the returns at the usual place of meeting 
 of the board of county commissioners, at twelve o'clock noon on Monday next after 
 each election. 
 
 2239. Id. Absence of commissioner. Clerk. If, at the time and place appointed 
 for such meeting, one or more of the county commissioners should nor attend, the 
 place of the absentees must be supplied by one or more of the following county 
 officers, whose duty it is to act, in the order named, to wit: The treasurer, tne asses- 
 sor, the sheriff, so that the board of county canvassers shall always consist of three 
 acting members. The county clerk is ex officio the clerk of the board of county 
 canvassers. 
 
 2240. Commencing the canvass. Missing returns. If, at the time of the meet- 
 ing, the returns from each district in the county in which polls were opened have 
 been'received, the board of county canvassers must then and there proceed to canvass 
 the returns; but if all the returns have not been received, the canvass must be post- 
 poned from day to day, Sundays and legal holidays excepted, until all of the returns are 
 received, or until seven postponements have been had. If the returns from any 
 election district have not been received by the county clerk within seven days after 
 any election, it is his duty forthwith to send a messenger to the judges for the missing 
 returns, who must procure such returns from the judges, or any of them, and return 
 the same to the county clerk. Such messenger shall be paid out of the county treasury 
 ten cents per mile for the distance necessarily traveled. If it appears to the board, 
 by evidence, that the polls were not opened in any district, and no returns have been 
 received therefrom, the board must certify to the same and file such certificate and 
 the evidence, if any, with the county clerk, who must enter the same in the minutes 
 and in the statement mentioned in § 2242. 
 
 2241. Canvass to be public. Irregularities. The canvass must be made in public 
 by opening the returns and determining therefrom the vote of such county or precinct 
 for each person voted for, and for and against each proposition voteo upon at such 
 election, and declaring the result thereof. In canvassing, no returns must be rejected, 
 if it can be ascertained therefrom the number of votes cast for each person. The 
 fact that the returns do not show who administered the oath to the judges of election, 
 or a failure to fill out all the certificates in the poll books, or to do or perform any 
 other act in making up the returns that is not essential to determine for whom the 
 votes were cast, is not such an irregularity as to entitle the board to reject the same, 
 but they must be canvassed as are other returns. 
 
 2242. Entry of result of canvass. The clerk of the board must, as soon as the 
 result is declared, enter on the records of such board a statement of such result, 
 which statement must show: 
 
 1. The whole number of A'otes cast in the county; 
 
 2. The names of the persons voted for, and the propositions voted upon; 
 
 3. The office to fill which each person was voted for; 
 
 4. The number of votes given at each election district to each of such persons, 
 and for or against each of said propositions; 
 
 5. The number of votes given in the county to each of such persons and for 
 and against each of such propositions, or in case of precinct officers, the number of 
 votes given in each precinct to each person voted for. 
 
 2243. Highest number of votes elects. The board must declare elected the 
 persons having the highest number of votes given for each office to be filled by the 
 votes of a single county or subdivision thereof. 
 
 2244. Certificate of election delivered by clerk. The county clerk must immedi- 
 ately make out and deliver to such person a certificate of election signed by him and 
 authenticated with his seal. 
 
 2245. Abstract of state and district returns. When there has been a general or 
 special election for officers, or any measure voted for by the electors of the state at 
 large, or by the electors of two or more counties, each county clerk, as soon as the 
 
32 ELEC TIONS— CANVASS OF RETURNS 
 
 statement of the vote of his county is made out and entered upon tbe record of the 
 board of county canvassers, as specified in §2242, must make a certified abstract 
 of so much thereof as relates to the votes given for and against such measure and 
 for persons for said offices to be filled at such elections. 
 
 2246. Id. Transmission to secretary of state. The clerk must seal up such 
 abstract, endorse it "election returns," and without delay transmit it by mail, registered, 
 to the secretary of state, 
 
 2247. Board of state canvassers, hovv composed. Meeting. Duties. Certificate of 
 election. On the fourth Monday of November, after the day of election, at twelve 
 o'clock noon, or in case of special election, at twelve o'clock noon on, the day follow- 
 ing the receipt by the secretary of state of the last of the returns of such special elec- 
 tion, the state auditor, state treasurer, and attorney general, who shall constitute a 
 board of state canvassers, must meet in the office of the secretary of state and com- 
 pute and determine the vote for officers or any measure voted for by the electors of 
 the state at large or of two or more counties; and the secretary of state, who is 
 scretary of said board, must make and file in his office a statement thereof, and must 
 immediately make and deliver, to the person having the highest number of votes given 
 for each office to be filled by such electors, a certificate of election signed by the 
 secretary of state and authenticated by his seal. In case a secretary of state shall 
 be elected to succeed himself, the certificate of election shall be issued by the board 
 of state canvassers. 
 
 2248. Messenger for delayed returns. Compensation. If the returns from all 
 counties have not been received on the fifth day before the day designated for the 
 meeting of the board of state canvassers, the secretary of. state must forthwith send a 
 messenger to the clerk of the board of county canvassers of the delinquent county, and 
 such clerk must furnish the messenger with a certified copy of the statement mentioned 
 in § 2242. The person appointed is entitled to receive as compensation |4 per day 
 for the time necessarily consumed in such service, and 10 cents for each mile neces- 
 sarily traveled. His account therefor, certified by the secretary of state, after being 
 allowed by the state board of examiners, must be paid out of the general fund of the 
 state treasury. 
 
 2249. Defective returns not to cause delay. No declaration of the result or 
 certificate must be withheld on account of any defect or informality in the returns of 
 any election, if it can, with reasonable certainty, be ascertained from such returns 
 what office is intended and who is elected thereto. 
 
ELECTIONS— PRESIDENTIAL ELECTORS; U. S. SENATORS 33 
 
 Presidential Electors 
 
 2250. Presidential electors. At each general election in November next preceding 
 the choice of the president and vice-president of the United States of America, there 
 shall be elected at large from the state as many electors of president and vice-president 
 of the United States of America as the whole number of senators and representatives 
 to which the state may be entitled in congress. 
 
 2251. Id. Certificate af election. Notice of meeting. The certificate of election 
 for electors of president and vice-president of the United States of America shall be 
 served upon each person elected, and he shall at the same time be notified to attend 
 at the office of the secretary of state, at the capital of the state, and to report him- 
 self to the governor of this state as in attendance at the hour of twelve o'clock noon 
 of the first business day next preceding the day upon which the electors are required 
 by law to meet and vote for president and vice-president of the United States of 
 America. 
 
 2252. Id. Meeting of electors to fill vacancies. The electors of president and vice- 
 president so attending shall convene in the office of the secretary of state at the 
 capital of the state, at the hour of twelve o'clock noon of the day fixed in § 2251, and 
 in case there shall be any vacancy in the office of an elector, occasioned by death, 
 refusal to act, neglect to attend by the hour of twelve o'clock noon of said day, or on 
 account of the ineligibility of any person elected, or from any other cause, the qualified 
 electors present shall proceed to fill such vacancy by ballot and plurality of votes, and 
 the said electors so present shall immediately issue a certificate of election signed by 
 those present, or a majority of them, to the person so chosen. In case of a failure to 
 elect by the said electors by noon of the day upon which they are required by law to 
 meet and vote for president and vice-president of the United States of America, the 
 governor shall fill the vacancy by appointment; provided, that the vacancy shall be 
 filled from the same political party represented by the elector who has occasioned 
 such vacancy. 
 
 2253. Meeting of electors to ballot. The electors shall meet at the office of the 
 secretary of state at the capital of the state, at noon of the second Monday of January 
 next after their election, or at noon of such other day as the congress of the UnitJci 
 States of America may designate, and shall proceed to the performance of their duties 
 in conformity with the constitution and laws of the United States of America. 
 
 2254. Electors not to receive compensation. The said electors shall receive no 
 compensation for their services. 
 
 United States Senators 
 
 2260. Election of senators. Term. At the general election to be held in the 
 state of Utah in November, 1916, there shall be elected one United States senator to 
 serve for a period of six years, and thereafter in each appropriate year, at the general, 
 election in such year, there shall likewise be elected one United States senator for a 
 period of six years. 
 
 2261. Manner of election. Canvass of returns. The manner of election and 
 canvassing of votes and all other details in respect to the election herein provided for 
 shall be in accordance with the election laws of this state, so far as the same are 
 applicable. 
 
 2262. Vacancy. Temporary appointment. Special election. In every case where 
 a vacancy shall occur by death, resignation, or otherwise, the governor of the state 
 shall make temporary appointment of a senator to serve until the people fill the vacancy 
 by election as herein prescribed, and the governor, in the event of a vacancy, shall, by 
 proclamation, order a special election to be held to fill said vacancy upon the date of 
 the next regular election to be held in the state of Utah for the federal house of 
 representatives. 
 
 2263. Determination of result. In every case the person receiving the largest 
 number of votes cast in said election for any one person shall be declared the duly 
 elected senator of the United States for the term aforesaid. 
 
34 ELECTIONS— CONGRESSIONAL, COUNTY OFFICERS 
 
 Congressional Districts 
 
 2264. Two districts designated. The state of Utah is hereby divided into two 
 districts for the election of representatives in the congress of the United States, each 
 of which district shall be entitled to one representative. Said representatives shall be 
 elected at the election preceding the expiration of the terms of the incumbents. 
 
 2265- District boundaries. The limits and designation of the counties of each 
 district shall be as follows 
 
 The counties of Beaver, Box Elder, Cache, Carbon, Emery, Garfield, Grand, Iron, 
 Juab, Kane, Millard, Morgan, Piute, Rich, San Juan, Sanpete, Sevier, Summit, Uintah, 
 Wasatch, Washington, Wayne, and Weber shall constitute the first district. 
 
 The counties of Davis, Utah, Tooele, and Salt Lake shall constitute the second 
 district. 
 
 2266. Representative to congress elected biennially. At the general election to 
 be held in the year 1898, and biennially thereafter, there shall be elected for each 
 congressional district one representative to the congress of the United States. 
 
 Powers of County Commissioners 
 
 1400x2. Elections and election districts. To establish, abolish, and change election 
 districts, appoint inspectors and judges of election, canvass all election returns, except 
 as otherwise provided by law; declare the result, order the county clerk to issue 
 certificates of election, and perform such other duties in relation to elections as are 
 or may be prescribed by law; provided, that no precinct or election district shall 
 be established or abolished or the boundaries of any precinct or district changed within 
 ninety days prior to any election; provided, further, that no election district shall 
 be divided between two or more precincts or municipal wards. 
 
 County Officers 
 
 1450. Eligibility. No person is eligible to a county, district, or precinct office, 
 who, at the time of his election, is not an elector of the county, district, or precinct in 
 which the duties of the office are to be exercised. 
 
 1451. Officers enumerated. The officers of a county are: Three county com- 
 missioners, a county treasurer, a sheriff, a county clerk, a county auditor, a county 
 recorder, a county attorney, a county surveyor, an assessor, a county superintendent 
 of district schools, and such other officers as may be provided by law; provided, that 
 in counties having an assessed valuation of less than $20,000,000, the county clerk 
 shall be ex officio auditor of the county and shall perform the duties of such office with- 
 out extra compensation therefor. 
 
 1460. Election of county and precinct officers. The elective county and precinct 
 officers, except otherwise provided for in this title, and except justices of the peace 
 and constables in cities having a population of more than fifteen thousand (15,000) and 
 less than forty thousand (40,000) inhabitants, shall be elected at a general election 
 to be held in November, 1922, and every four years thereafter, unless otherwise pro- 
 vided, and shall take office at twelve o'clock meridian, on the first Monday in January 
 next following the date of their election. Commissioners and county attorneys shall 
 be elected as provided by law. All officers elected under the provisions of this title 
 shall hold office until their successors are elected or appointed and qualified. 
 
 1540. Every county clerk of this state shall, on and after July 1, 1907, and it is 
 hereby made his duty so to do, within ten days after the issuance by such clerk of 
 any certificate or certificates of election of elective county officers, excepting justices 
 
ELECTIONS— MUNICIPAL S^ 
 
 of the peace and constables, and after the issuance by such clerk of any certificate 
 or certificates of appointment made by the board of county commissioners of such 
 county to fill vacancies in elective county offices, excepting justices of the peace and 
 constables, prepare and forward to the secretary of state a certified statement, on a 
 suitable form to be prepared and furnished by the secretary of state, of every such 
 certificate or certificates issued as aforesaid. Every such statement shall show the 
 name of the county, the name of the county office to which the person was elected or 
 appointed, the date of the election or appointment of such person, the date of the 
 expiration of the term for which the person was elected or appointed, the date of the 
 certificate of election or appointment, and the date of the qualification of the person so 
 elected or appointed. 
 
 Municipal Elections 
 
 2325. Primary elections. Candidates to be voted for at all general municipal 
 elections in cities of the first and the second class, under the provisions of this 
 chapter, shall be nominated by a primary election, and no other name shall be placed 
 upon the general ballot except those selected in the manner hereinafter prescribed. 
 The primary election for such nomination shall be held on the second Tuesday preced- 
 ing the general municipal election. The judges of election appointed for the general 
 municipal election shall be the judges of the primary election, and it shall be held at 
 the same place, so far as possible, and the polls shall be opened and closed at the 
 same hours. 
 
 Any person desiring to become a candidate for mayor or commissioner or auditor 
 shall, at least ten days prior to said primary election, file with the said recorder a 
 statement of such candidacy, in substantially the following form: 
 
 State of Utah, county of ...... , ss. 
 
 I, being first duly sworn, say that I reside at street, 
 
 city of , county of , state of Utah; that I am a qualified voter 
 
 therein; that I am a candidate for nomination to the office of _.^ (stating the 
 
 term) to be voted upon at the primary election to be held on Tuesday, the ™_-_ day 
 
 of October, 19 , and I hereby request that my name be printed upon the official 
 
 primary ballot for nomination by such primary election for such office. 
 
 , (Signed) 
 
 Subscribed and sworn to (or affirmed) before me by—.. 
 
 on this day of ™. , 19 
 
 (Signed) 
 
 (Official character of officer taking the oath.) 
 
 And shall at the same time file therewith the petition of at least one hundred quali- 
 fied voters requesting such candidacy. Each petition shall be verified by one or 
 more persons as to the qualifications and residence, with street number, of each of 
 the persons so signing the said petition, and the said petition shall be in substantially* 
 the following form: 
 
 PETITION ACCOMPANYING NOMINATION STATEMENT. 
 
 The undersigned, duly qualified electors of the city of , and residing 
 
 at the places set opposite our respective names hereto, do hereby request that the 
 name of (name of candidate) be placed on the ballot as a candidate for nomination 
 for (name of office and term), at the primary election to be held in such city on 
 
 Tuesday, the — — day of October, 19 We further state that we know him 
 
 to be a qualified elector of said city and a man of good moral character, and qualified, in 
 
 our judgment, for the duties of such office. 
 
 Names of qualified electors. Number. Streets. 
 
36 ELECTIONS— MUNICIPAL 
 
 Immediately upon the expiration of the time of filing the statements and petitions 
 of candidates, the said city recorder shall cause to be published for three successive 
 days in all the daily newspapers published in the city, in proper form, the names of the 
 persons as they are to appear upon the primary ballot, and if there be no daily news- 
 paper, then in two issues of any other newspapers that may be published in said city; 
 and the said recorder shall thereupon cause the primary ballots to be printed, authen- 
 ticated with a fac simile of his signature. Upon the said ballot the names of the 
 candidates for mayor, arranged alphabetically, shall first be placed, with a square at 
 the left of each name, and immediately below the words, "vote for one." Following 
 these names, likewise arranged in alphabetical order, shall appear the names of the 
 candidates for commissioner for the two-year term, with a square at the left of 
 each name, and below the names of such candidates shall appear the words, "vote 
 
 for ," (stating the number as the case may be). Following these names, 
 
 likewise arranged in alphabetical order, shall appear the names of the candidates lor 
 commissioner, for the four-year term, with a square at the left of each name and 
 
 below the names of such candidates shall appear the words, "vote for " (stating 
 
 the numbers as the case may be). Following these names, likewise arranged in 
 alphabetical order, shall appear the names of the candidates for auditor, with a square 
 at the left of each name, and below the names of such candidates shall"*appear the 
 words, "vote for one." 
 
 The ballots shall be printed upon plain, substantial white paper, and shall be headed: 
 
 Candidates for nomination for (state the offices to be filled) of 
 
 city, at the primary election 
 
 But shall have no party designation or mark whatever. 
 
 The ballots shall be in substantially the following form; the necessary changes 
 to be made to conform to offices and terms to be filled: 
 
 (Place a cross in the square, preceding the names of the persons you favor as 
 candidates for the respective positions.) 
 
 OFFICIAL PRIMARY BALLOT. 
 
 Candidates for nomination for (state the offices to be filled) of 
 
 city, at the primary election. 
 
 For Mayor: 
 
 (Names of candidates.) 
 
 Vote for one. 
 
 For Commissioner for the two-year term: 
 (Names of candidates.) 
 
 Vote for 
 
 (State the number to be elected at the municipal election.) 
 
 For Commissioner for the four-year term: 
 (Names of candidates.) 
 
 Vote for 
 
 (State the number to be elected at the municipal election.) 
 
 For Auditor: 
 (Names of candidates.) 
 Vote for one. 
 Official ballot attest: 
 
 City Recorder. 
 
 Having caused such ballots to be printed, the said city recorder shall cause to be 
 delivered at each polling place a number of said ballots equal to twice the number of 
 votes cast in such voting district at the last general municipal election for mayor. 
 The persons who are qualified to vote at the general municipal election, and who at 
 the time of such primary election are regisjtered, shall be qualified to vote at such 
 primary election, and challenges can be made by not more than two persons, to be 
 appointed at the time of opening the polls by the judges of election; and the law 
 applicable to challenges at a general municipal election shall be applijcable to 
 challenges made at such primary election. Judges of election shall immediately, 
 upon the closing of the polls, count the ballots and ascertain the number 
 of votes cast in such district for each of the candidates, and make return thereof 
 to the city recorder within twenty hours of the closing of the polls, upon proper blanks 
 
ELECTIONS— MUNICIPAL 37 
 
 to be furnished by the said recorder. On the day following the said primary election, 
 the said city recorder shall canvass said returns so received from all the polling 
 districts, and shall make and publish in all the daily newspapers of said city, at least 
 once, the result thereof. Said canvass by the city recorder shall be publicly made. 
 The two candidates receiving the highest number of votes for mayor shall be the 
 candidates, and the only candidates, whose names shall be placed upon the balltt 
 for mayor at the next succeeding general municipal election; in cities of the first 
 class the four candidates receiving the highest number of votes for commissioners 
 shall be the candidates, and the only candidates, whose names shall be placed upon 
 the ballot for commissioners at such municipal election; provided, that at the next 
 general municipal election held in cities of the first class, after taking effect of this 
 chapter, the four candidates receiving the highest number of votes for commissioners 
 for the four-year term and the two-year term respectively shall be the candidates, and 
 the only candidates, whose names shall be placed upon the ballot for commissioners 
 at said next municipal election, and the two candidates receiving the highest number 
 of votes for auditor shall be the candidates, and the only candidates, whose names shall 
 be placed upon the ballot for auditor. In cities of the second class the two candidates 
 receiving the highest number of votes for mayor shall be the candidates, and the only 
 candidates, whose names shall be placed upon the ballot for mayor at the next suc- 
 ce£ding general municipal election, and the two candidates receiving the highest 
 number of votes for commissioner for the two-year term, and the two candidates 
 receiving the highest number of votes for commissioner for the four-year term, shall 
 be the candidates, and the only candidates, whose names shall be placed upon the 
 ballot for commissioner at such municipal election, and the two candidates receiving the 
 highest number of votes for auditor shall be the candidates, and the only candidates. 
 The ballot at the municipal election shall be in substantially the same form as the 
 primary ballot. 
 
 All electors of cities under this chapter who, by the laws governing cities of the 
 first and the second class, would be entitled to vote for the election of officers at 
 any general municipal election in such cities, shall be qualified to vote at all elections 
 under this chapter; and the ballot at such general municipal election, so far as applic- 
 able, and in all elections in such city, the election precincts, voting places, method of 
 conducting election, canvassing the votes, announcing the results, shall be the same 
 as by law provided for election of officers in such cities, so far as the same are 
 applicable and not inconsistent with the provisions of this chapter. 
 
 2330. Election. Terms. On the Tuesday next following the first Monday in 
 November, 1917, and biennially thereafter, there shall be held in each incorporated 
 city and town of this state an election to fill all elective offices to be vacated in 
 said city or town at 12 o'clock meridian on the first Monday of January, 1918. Such 
 elected officers shall continue in office for two years, unless otherwise provided, and 
 until their successors are elected and qualified. In cities of the first class, the election 
 and terms of office of the officers shall be as follows In the year 1917 there shall be 
 elected at large in said cities of the first class two commissioners and an auditor, who 
 shall be elected for a term of four years, and quadrennially thereafter. In the year 
 1919 there shall be elected at large in said cities of the first class a mayor and two 
 commissioners for a term of four years, and quadrennially thereafter; provided, that 
 in cities of the second class the election and term of office of the officers shall be 
 as follows: In the year 1917 there shall be elected at large in cities of the second 
 class a mayor and an auditor for a term of two years each, and one commissioner for a 
 term of four years; and biennially thereafter there shall be elected a mayor, an 
 auditor, and one commissioner, the mayor and auditor for the term of two years 
 each, and such commissioner for a term of four years. The officers elected shall enter 
 upon their duties at 12 o'clock meridian on the first Monday in January next succeeding 
 their election. In cities of the third class there shall be elected in the year 1917 four 
 councilmen at large, three of whom shall be for a term of two years and one for a term 
 of four years, and biennially thereafter there shall be elected three for a term of two 
 years and one for a term of four years. The municipal officers herein provided shall 
 continue in office for their respective terms to which they are elected, as provided in 
 this chapter, and until their successors shall be elected and qualified. 
 
 2331. Appointive officers iiold till successors qualify. All appointive officers in 
 said cities and towns shall hold their respective offices until their successors shall be 
 appointed and qualified. 
 
 2332. Qualifications for voters at municipal elections. All qualified electors of 
 the state who have resided in the county four months, and in the precinct and city 
 
38 ELECTIONS— MUNICIPAL 
 
 or town for sixty days next preceding any municipal election are entitled to vote at 
 such election. 
 
 2333. Appointment of judges. Voting places. Laws governing. In all municipal 
 elections the city council and board of trustees of the town shall appoint judges of 
 election and designate the places of voting. There must be at least one voting place 
 in each election district in cities, at any regular election. At special elections for any 
 purpose there shall be at least one voting place in each municipal ward. All elections 
 must be conducted according to the general laws of the state, and all notices ana lists 
 of names required to be posted by registry agents prior to any general election shall 
 also be posted by the registry agents prior to any municipal election, the necessary 
 changes being made as to time of posting same. 
 
 2334. Canvass of returns and issue of certificate. Tie votes. On the Monday fol- 
 lowing any election, the city council or the board of trustees of the town must 
 convene and publicly canvass the result, and issue certificates of election to each per- 
 son elected by a plurality of votes. When two or more persons have received an 
 equal and highest number of votes for any one of the offices voted for, the tie shall 
 be decided by lot in the presence of the mayor and city recorder, or the president 
 of the board of trustees and the town clerk, as the case may be, upon a day designated 
 by the mayor or by the president of the board of trustees. 
 
 600. Certain city officers to be elected. Appointive officers. In all cities of the 
 state, except cities of the first and the second class, there shall be elected, in addition 
 to the mayor and city councilmen, a city recorder and a city treasurer; provided, that 
 in cities of the third class, the city recorder shall be ex officio city auditor, and 
 shall perform the duties of such office without extra compensation therefor; provided, 
 further, in cities of the third class a city marshal and a city justice of thei peace 
 shall be appointed by the mayor, subject to the confirmation of the city council, on 
 or before the first Monday of February following a municipal election, wnose lerm 
 of office shall be for two years, or until removed for cause; provided, further, that in 
 cities having a population of over 15,000 the office of city justice of the peace is hereby 
 abolished, and no election for said office shall be held. In all cities of the first class 
 in this state there shall be elected at large a mayor and four commissioners, who shall 
 constitute the board of commissioners of the city for which they are elected, and 
 there shall also be elected a city auditor. In all cities of the second class in this 
 state there shall be elected at large a mayor and two commissioners, who shall con- 
 stitute the board of commissioners of the city for which they are elected, and there 
 shall also be elected a city auditor. In cities of the first and the second class, the 
 offices of mayor and city councilmen as now provided by law are hereby abolished, 
 and no election shall be held for said offices, nor shall any election be held for the 
 office of city recorder, city treasurer, or city attorney, and the terms of said respective 
 officers of said cities of the first and the second class shall terminate and cease on 
 the first Monday in January, 1912, at 12 o'clock meridian. All elective officers shall 
 hold their respective offices for the term for which they are elected, and until their 
 successors are elected and qualified. Every elective officer of cities of the first and the 
 second, class shall, within thirty days after qualifying, file with the city recorder, and 
 publish at least once in a daily newspaper of general circulatifonl within the city, the 
 sworn statement of all of his election and campaign expenses, and by whom such funds 
 were contributed. Upon failure so to do, the office of said officer shall become vacant, 
 and he shall, upon failure so to do, be guilty of a misdemeanor. 
 
 1700. Court and office created. In all cities of this state having a population of 
 more than 7,500 inhabitants there is hereby created a court to be known as the 
 
 city court of (naming the city), and there is also created the office of 
 
 city judge, whose election, qualification, duties and terms of office shall be as here- 
 inafter provided. 
 
 1701. Number of judges. Terms. Powers. Elections. Consolidation. Justices 
 of the peace. At the general election to be held on the Tuesday following the first 
 Monday of November, 1920, and quadriennially thereafter, there shall be elected, in 
 cities having a population of more than 50,000, four judges, and in cities having a 
 population of more than 7,500 but less than 50,000, one judge, to be known as judges 
 of the city court, whose term of office shall be four years beginning at 12 o'clock noon 
 on the first Monday of January succeeding their election, and to hold office for the 
 period of four years, and until their successors are elected and qualified, as hereinafter 
 stated. The said judges shall be elected by the qualified electors of the respective 
 cities, and under the laws and regulations governing general elections; provided, that 
 
ELECTIONS— BOARDS OF EDUCATION 39 
 
 upon the taking effect of this act the city courts, municipal courts, the offices of city 
 justices of the peace, and justice courts in all cities where city courts are hereby 
 created shall be united and shall constitute the city court of such cities, the judges of 
 which shall be ex officio justices of the peace in such cities and shall have and exer- 
 cise the same jurisdiction as is provided by law for justices of the peace throughout 
 the state, the municipal judge in cities having municipal courts and the justices of the 
 peace in cities having a population of over 50,000 now holding office shall become the 
 city court judges respectively, and shall retain such offices until the first Monday in 
 January, 1921, or until their successors are duly elected and qualified as provided 
 herein, and shall have the same jurisdiction, powers and duties as judges of city courts 
 and shall be paid the same salaries; provided, that in all other cities where city 
 courts are herein created, the mayor, by and with the consent of the city commis- 
 sioners, shall appoint a city judge to hold office until his successor is duly elected 
 and qualified. 
 
 1702. Qualifications for judge. No person shall be eligible to the office of judge 
 of the city court who at the time of his election, is not a qualified elector and a bona 
 fide resident of the city, for which he may be elected, nor shall any person be eligible 
 to said office who has not been admitted to practice in, and is not in good standing 
 in, the supreme court of this state. 
 
 Boards of Education — Election 
 
 4599. Board of education, how constituted. The board of education of each 
 county school district of the first class shall consist of five members; one to be 
 elected from and by each of the representative precincts within said county school 
 district. The board of county commissioners in which such county school district is 
 located shall, before June 15, 1915, divide the same into five representative precincts 
 for school purposes and at the election in December, 1916, members of the board of 
 education shall be elected in accordance with such redistricting. 
 
 ELECTION OF BOARD. 
 
 4600. Members of board, how elected. Must qualify. There shall be elected In 
 the county school districts of the first class, on the first Wednesday in December, 
 1908, one member of the board from each odd numbered school representative precinct 
 or district for a term of two years, and at the same time one member of the board 
 from" each even numbered school representative precinct or district for a term of four 
 years. On the first Wednesday in December, 1910, and every four years thereafter, 
 there shall be elected one member of the board from each odd numbered school repre- 
 sentative precinct or district for a term of four years, and on the first Wednesday in 
 December, 1912, and every four years thereafter, one member of the board from each 
 even numbered school representative precinct or district for a term of four years. 
 Where any county school district of the first class exists or may be created, the board 
 of county commissioners shall appoint the members of the board of education, to 
 serve until the next election provided for in this section, and until their successors are 
 duly elected and qualified; provided, that where there have been designated three 
 trustees for the entire district, each on being from a school representative precinct, 
 then these are constituted members of the board of educati^on until the next election, 
 and the board of county commissioners shall appoint two other members, one from 
 each unrepresented representative precinct; but where two or more trustees are from 
 one school representative precinct, the board of county commissioners shall designate 
 the member of the board of education. Members of the board of education in a 
 county school district of the first class shall qualify by taking and subscribing the 
 constitutional oath of office, and giving bonds to the district in which they reside in 
 such sum and with such sureties as the board of county commissioners may require and 
 approve, conditioned for the faithful discharge of the duties of their office, the oath 
 of office and bonds to be filed with the county clerk. 
 
 4601. Must qualify, when. Members of the board of education shall qualify pre- 
 vious to, and take their seats at, the first regular meeting in January next after their 
 election, and shall serve until their successors are duly elected and qualified. 
 
 4602. Elections, conduct candidates. Duty of board of education. Elections for 
 members of the board shall be called and conducted, and the canvass of returns shall 
 
40 ELECTIONS— BOARDS OF EDXTCATION 
 
 be made, and the qualification of electors shall be as provided in the general registra- 
 tion and election laws, except as in this section hereinafter provided. There must be 
 at least one voting place in each school representative precinct. It shall be neces- 
 sary for each candidate, or at least five citizens in behalf of the candidate, to file 
 v?ith the clerk of the board of education not less than fifteen days next preceding the 
 day of the election, a signed statement announcing that he or she is a candidate, and 
 said clerk shall immediately thereafter furnish a list of said candidates to any citizen 
 who may call upon him for the same. Appointments of judges of election shall be 
 made by the board of education at any convenient time prior to the day of election. 
 The board of education shall furnish the judges of election at every polling place with 
 a sufficient number of official ballots for election purposes and shall pay all other 
 lawful and necessary expenses of the election. The election shall in all other respects 
 be conducted in accordance with the general election laws of the state. The board of 
 education shall exercise all such powers relative to school elections in their respective 
 districts as are conferred upon the board of county commissioners in other elections, 
 so far as comfortable with this chapter. 
 
 4603. Must reside in precinct. Vacancies. Every member of the board of educa- 
 tion in county school districts of the first class shall be and remain a, resident, 
 qualified, registered voter in the school representative precinct from which he is 
 elected or appointed; and the board of education :-s hereby required to fill any vacancy 
 that may occur through non-residence or any other cause, until the next election of a 
 member of the board in the precinct where such vacancy has occurred. 
 
 4650. Registration lists to be furnished. It shall be the duty of the county clerk 
 to furnish to boards of education in county school districts of the first class, at 
 least five days previous to the day of election for members of the said board, a certified 
 copy of the registration list, showing the names of all registered voters residing in 
 the election district covered by such school districts. 
 
 4662. Membership of board of education. The board of education of cities of the 
 first class shall consist of ten members, two to be elected from and by each municipal 
 ward; and, of cities of the second class, shall consist of five members, one to be 
 elected from and by each municipal ward. 
 
 4663. Election of members of board in cities of the first class. There shall be 
 elected in cities of the first class, on the first "Wednesday of December, 1897, two 
 members of the board from each municipal ward, one for the term of one year, 
 and one for the term of three years; and in 1898, and biennially thereafter, on the 
 first Wednesday of December, one member from each municipal ward for the term of 
 four years. 
 
 4664. Election of members of board in cities of the second class. There shall be 
 elected in cities of the second class, on the first "Wednesday of December, 1916, one 
 member of the board of education from the first municipal ward for a term of one 
 year; one member from the second municipal ward for a term of two years; one 
 member from the third municipal ward for a term of three years; one member from 
 the fourth municipal ward for a term of four years; one member from the fifth 
 municipal ward for a term of five years, and thereafter there shall be elected annually 
 on the first Wednesday in December for the term of five years, a member from the 
 ward in which the term of a member expires. 
 
 4666. Election of boards in city school districts. Candidates. Procedure. Elections 
 for members of the board shall be called and conducted, and the canvass of returns shall 
 be made, and the qualifications of electors shall be as provided in the general regis- 
 tration and election laws, except as In this section hereinafter provided. There 
 must be at least one voting place in each municipal ward. It shall be necessary for each 
 candidate, or at least five citizens in behalf of the candidate, to file with the clerk 
 of the board of education not less than fifteen days next preceding the date of elec- 
 tion, a signed statement announcing that he or she is a candidate, and said clerk 
 shall immediately thereafter furnish a list of said candidates to any citizen who may 
 call upon him for the same. Appointments of judges of election shall be made by the 
 board of education at any convenient time prior to the day of election. The board 
 of education shall furnish the judges of election at every polling place with a sufficient 
 number of official ballots for election purposes and shall pay all other laAvful and 
 necessary expenses of the election. The election shall in all other respects be con- 
 ducted in accordance with the general election laws of the state. The board of educa- 
 tion shall exercise all such powers relative to school elections in their respective cities 
 as are conferred upon the board of county commissioners in other elections, so far 
 as conformable with this chapter. 
 
ELECTIONS— OFFENSES 41 
 
 Election Offenses 
 
 2335. Offering or giving bribe. Promising employment, etc. It fehall be unlawful 
 for any person, directly or indirectly, by himself or through any other person: 
 
 1. To pay, loan, or contribute, or offer or promise to pay, loan, or contribute 
 any money or other valuable consideration to or for any voter, or to or for any other 
 person to induce such voter to vote or refrain from voting at any election provided 
 by law, or to induce any voter to vote or refrain from voting at such election for any 
 particular person or persons, or to induce such voter to go to the polls or remain 
 away from the polls at such election, or on account of such voter having voted or 
 refrained from voting for any particular person, or having gone to the polls or remained 
 away from the polls at such election; ^ 
 
 2. To give, offer, or promise any office, place, or employment, or to promise 
 or procure, or endeavor to procure any office, place, or employment to or for any 
 voter, or to or for any other person, in order to induce such voter to vote or refrain 
 from voting at any election provided by law, or to induce any voter to vote or refrain 
 from voting at such election for any particular person or persons, or to obtain the 
 political support or aid of any such person or persons; 
 
 3. To advance or pay, or cause to be paid, any money or other valuable thing 
 to or for the use of any other person, with the intent that the same, or any part 
 thereof, shall be used in bribery at any election provided by law, or to knowingly pay 
 or cause to be paid any money or other valuable thing to any persons in discharge or 
 repayment of any money, wholly or in part expended in bribery at any such election. 
 
 2336. Receiving bribe, employment, etc. It shall be unlawful for any person, 
 directly or indirectly, by himself or through any person: 
 
 1. To receive, agree, or contract for, before or during an election provided by 
 law, any money, gift, loan, or other valuable consideration, office, place, or employ- 
 ment, for himself or any other person, for voting or agreeing to vote, or for going or 
 agreeing to go to the polls, or for remaining or agreeing to remain away from the 
 polls, or for refraining or agreeing to refrain from voting, or for voting or agreeing to 
 vote, or refraining or agreeing to refrain from voting for any particular person or per- 
 sons, measure or measures, at any election provided by law; 
 
 2. To receive any money or other valuable thing during or after an election pro- 
 vided by law, on account of himself or any other person, for voting or refraining 
 from voting for any particular person at such election, or on account of himself or any 
 other person for going to the polls or remaining away from the polls at such election, 
 or on account of having induced any person to vote or refrain from voting, or to vote 
 or refrain from voting for any particular person or persons, measure or measures at 
 such election. 
 
 2337- Fraud, interference, riotous conduct, destruction of ballots, etc., at election. 
 
 Every person not entitled to vote who fraudulently votes, and every person who 
 votes more than once, at any one election, or knowingly hands in two or more ballots 
 folded together, or changes any ballot after the same has been deposited in the ballot 
 box, or adds or attempts to add any ballot to those legally polled at any election, either 
 by fraudulently introducing the same into the ballot box before or after the ballots 
 therein have been counted; or adds to or mixes with, or attempts to add to or mix 
 with, the ballots lawfully polled, other ballots, while the same are being counted or 
 canvassed, or at any other time, or wilfully detains, mutilates, or destroys any election 
 returns or in any manner so interferes with the officers holding such election, or 
 conducting such canvass, or with the voters lawfully exercising their rights of voting 
 at such election, as to prevent such election or canvass from being fairly held or 
 lawfully conducted, or who shall be guilty of riotous conduct at any election or shall 
 interfere in any manner with any officer of such election in the discharge of his 
 duties, or who shall induce any officer of any election, or officer whose duty it is to 
 ascertain, announce, or declare the result of any such election, or to give or make 
 any certificate, document, or evidence in relation thereto, to violate or refuse to comply 
 with his duty, ir any law regulating the same, or who shall take, carry away, conceal, 
 remove, or destroy any ballot, poll book, or other thing from the polling place, or 
 from the possession of the person or persons authorized by law to have the custody 
 thereof; or who aids, counsels, provides, or procures, advises, or assists any person or 
 persons to do any of the acts aforesaid, shall be guilty of a crime, and shall be pun- 
 ished as hereinafter provided. 
 
42 ELEX^TIONS— OF FENSES 
 
 2338. Penalties under preceding sections. Any person convicted of any of the 
 crimes or offenses mentioned in §§ 2335-2337 shall be punished by a fine of not more 
 than $1000, or by imprisonment in the state prison for not more than five years, or by 
 both fine and imprisonment. 
 
 2339. Fraudulent registration. Penalty. Every person who wilfully causes, pro- 
 cures, or allows himself to be registered, knowing himself not to be entitled to such 
 registration; and every person who wilfully causes, procures, advises, encourages, or 
 assists any other person to be registered, knowing or believing such person not to 
 be entitled to such registration, is punishable by fine not exceeding |1000, or by 
 imprisonment in the state prison not exceeding one year, or by both. 
 
 2340. Intimidating or obstructing voter. Influencing employe's vote. It shall be 
 unlawful for any person, directly or indirectly, by himself or any other person in 
 his behalf, to make use of any force, violence, or restraint, or to inflict or threaten 
 the infliction by himself or through any other person, of an injury, damage, harm, 
 or loss, or in any manner to practice intimidation upon or against any person in 
 order to induce or compel such person to vote or refrain from voting for any particular 
 person or persons, measure or measures, at any electioii provided by law, or on 
 account of such person having voted or refrained from voting at any such election. 
 And it shall be unlawful for any person, by abduction, duress, or any forcible or 
 fraudulent device or contrivance whatever, to impede, prevent, or otherwise interfere 
 with" the free exercise of the elective franchise of any voter, either to give or refrain 
 from giving his vote at any such election, or to give or refrain from giving his vote 
 for any particular person at any such election. It shall be unlawful for any employer, 
 either corporation, association, company, firm, or person in paying its, their, or his 
 employes the salary or wages due them, to inclose their pay in "pay envelopes" on 
 which there is written or printed any political mottoes, devices, or arguments, con- 
 taining threats, express or implied, intended or calculated to influence the political 
 opinion, views, or action of such employes. Nor shall it be lawful for any employer, 
 either corporation, association, company, firm, or person, within ninety days of any 
 election provided by law, to put up or otherwise exhibit in its, their, or his factory, 
 workshop, mine, mill, boarding house, office, or other establishment or place where its, 
 their, or his employes may be working or be present in the course of such employment, 
 any hand bill, notice, or placard, containing any threat, notice, or information, that in 
 case any particular ticket or candidate shall or shall not be elected, work in its, their, 
 or his establishment shall cease in whole or in part, or its, their, or his establishment 
 be closed, or the wages of its, their, or his workmen be reduced; or other threats, 
 expressed- or implied, intended or calculated to infiuence the political opinions or 
 actions of its, their, or his employes. Any person or persons, or corporation violating 
 any of the provisions of this section shall be deemed guilty of a misdemeanor, and 
 any person, whether acting in his individual capacity or as an officer or agent of any 
 'corporation, so guilty of such misdemeanor, shall be punished as hereinafter pres- 
 cribed. 
 
 2341. Influencing vote of employe. It shall be unlawful for any corporation or 
 any officer or agent of any corporation to influence or attempt to influence, by force, 
 violence, or restraint, or by inflicting or threatening to inflict any injury, damage, 
 harm, or loss, or by discharging from employment or promoting in employment, or 
 by intimidation, or otherwise in any manner whatever to induce or compel any 
 employe to vote or refrain from voting at any election provided by law, or to vote 
 or refrain from voting for any particular person or persons, measure or measures, at 
 any such election. Any such corporation, or any officer or agent of such corporation, 
 violating any of the provisions of this section shall be deemed guilty of a misdemeanor 
 and be subject to the penalty hereinafter provided, and in addition thereto, any 
 corporation violating this section shall forfeit its charter and right to do business 
 in this state. 
 
 2342. Forging election returns. Fraud, Every person who forges or counterfeits 
 any return of any election purporting to have been held at any district in this state, 
 where no election was in fact held, or wilfully substitutes any forged or counterfeit 
 return of election in the place of the true return for a district where any election was 
 actually held, or who shall in aiiy manner do or cause any fraud in any election, is 
 punishable by imprisonment in the state prison for a term of not less than two nor 
 more than ten years. 
 
 2343. Altering returns. Every person who wilfully adds to or subtracts from 
 the votes actually cast at an election, in any returns, or who alters such returns, is 
 
ELECTIONS— OFFENSES 4S 
 
 punishable by imprisonment in the state prison for not less than one nor more than 
 Ave years. 
 
 2344. Abetting in forging, or altering returns. Every person who wilfully aids 
 or abets in the commission of any of the offenses mentioned in the two next preceding 
 sections, is punishable by imprisonment in the state prison for a period not exceed- 
 ing two years. 
 
 2345. Exposing ballot. Interfering witli voter at poll, etc. A voter who shall, 
 except as in §§ 2180-2193 otherwise provided, allow his ballot to be seen by any 
 other person, with an apparent intention of letting it be known how he is about 
 to vote, or who shall make a false statement as to his inability to mark his ballot, or 
 any person who shall interfere, or attempt to interfere, with any person when inside 
 said inclosed space, or when marking a ballot, or who shall endeavor to induce any 
 such voter to vote or to show how he marked his ballot, shall be punished by a fine 
 of not less than $5 nor more than $100. Any election judge or clerk shall report any 
 person doing so to the county attorney for the county in which the election is held, 
 whose duty it shall be to see that the offender is forthwith prosecuted before the proper 
 court. 
 
 2346. Destroying instruction cards, supplies, etc. Any person who shall, prior 
 to an election, wilfully deface or destroy any list of candidates posted In accordance 
 with the provisions of this title, or who, during an election, shall wilfully deface, tear 
 down, remove, or destroy any card of instruction, or sample ballot, printed or posted 
 for the instruction of voters, or who shall, during an election, wilfully remove or destroy 
 any of the supplies or conveniences furnished to enable a voter to prepare his ballot, 
 or shall wilfully hinder the voting of others, shall be punished by fine of not less 
 than $5 nor more than $100, or by imprisonment in the county jail not exceeding three 
 months, or by both such fine and imprisonment. 
 
 2347. Destroying certificate of nomination, etc. Examining or marking ballots, etc. 
 Any person who shall falsely mark or wilfully deface or destroy any certificate of 
 nomination, or any part thereof, or any letter of declination, or resignation, or file any 
 certificate of nomination or letter of declination, or resignation, knowing the same, or 
 any part thereof to be falsely made, or suppress any certificate of nomination, or letter 
 of declination, or resignation or any part thereof, which has been duly filed; or forge 
 any letter of declination, or resignation, or falsely make the official indorsement on 
 any ballot, or wilfully destroy or deface any ballot, or wilfully delay the delivery of 
 any ballots, or shall examine any ballot offered or cast at the polls or found in any 
 ballot box for any purpose other than to ascertain what candidate was elected, or who 
 makes or places any mark or device on any ballot with the view to ascertain the name 
 of any person for whom the elector has voted, shall be punished by fine not exceed- 
 ing 11000, or by imprisonment in the county jail for not more than one year, or both 
 such fine and imprisonment. 
 
 2348. Penalty for destroying or concealing ballots. Any person or officer having 
 charge of such official ballots who shall destroy, suppress, or conceal them, except as 
 in this title permitted, shall be guilty of a felony, and, upon conviction thereof, shall 
 be punished by imprisonment in the state prison for not less than one year nor more 
 than five years 
 
 2349. Failure to deliver ballots and election returns. Any person or officer who 
 has undertaken to deliver official ballots to any election district, city, town, precinct, 
 or county officer of election, who neglects or refuses to do so, shall be guilty of a mis- 
 demeanor, and, upon conviction thereof, shall be punshed by imprisonment in the 
 county jail for not less than six months nor more than one year, or by a fine of not 
 less than $250 and not more than $1000, or by both such fine and imprisonment. The 
 failure to deliver election returns and ballots by any person who has undertaken to 
 do so shall.be deemed a felony and shall be punishable as hereinafter provided. 
 
 2350. Revealing how elector voted. Any election officer or watcher who shall 
 reveal to any other person the name of any candidate for whom the voter has voted, 
 or who shall communicate to another his opinion, belief, or impression as to how 
 or for whom a voter has voted, shall be guilty of a misdemeanor, and, upon conviction 
 thereof, shall be punished by imprisonment in the county jail for not less than six 
 months nor more than one year, or by fine of not less than $250 nor more than $1000, 
 or by both such fine and imprisonment. 
 
 2351. Electioneering at polling places. Removing, showing, or marking ballot, etc. 
 No person shall do any electioneering on election day within any polling place or in 
 
44 ELECTIONS— OFFENSES 
 
 any public street or room, or in a public manner within 100 feet of any polling place. 
 No person shall remove any official ballot from the polling place before the closing of 
 the polls. No person shall show his ballot after it is prepared for voting to any 
 person in such a way as to reveal its contents, nor shall any person solicit the voter 
 to show the same. No person, except a judge of election, shall receive from any voter 
 a ballot prepared for voting. No voter shall receive an official ballot from any other 
 person than one of the judges of election having charge of the ballots, nor shall any 
 person other than such election officer deliver an official ballot to sych voter. No 
 voter shall place any mark upon his ballot, by means of which it can be identified as 
 the one voted by him. Every voter who does not vote or deliver in the manner here- 
 inbefore provided any ballot received by him from the election officers shall, before 
 leaving the polling place or going outside the guard rail, return each such ballot to 
 the officer from whom he received the same. Whoever shall violate any provision of 
 this section shall be deemed guilty of a misdemeanor. But nothing herein contained 
 shall prevent any person from receiving, delivering, and voting an unofficial ballot in 
 the contingency hereinbefore provided for. 
 
 • 
 
 2352. Voter may leave employment to vote. Refusing employe time to vote. Any 
 person entitled to a vote at a general election held within this state shall, on the 
 day of such election, be entitled to absent himself from any employment in which 
 he is then engaged or employed for a period of two hours between the time of opening 
 and the time of closing the polls, and any such absence shall not be sufficient reason 
 for the discharge of any such person from such service or employment, and such 
 voter shall not, because of so absenting himself, be liable to any penalty, nor shall 
 any deduction be made on account of such absence, from his usual salary or wages 
 except when such employe is employed and paid by the hour; provided, that applica- 
 tion shall be made for such leave of absence prior to the day of election. The employer 
 may specify the hours during which such employe may absent himself as aforesaid. 
 Any person or corporation who shall refuse to his or its employes the privilege hereby 
 conferred, or who shall subject an employe to a penalty or reduction of wages because 
 of the exercise of such privilege, or who shall, directly or indirectly, violate the 
 provisions of this title shall be deemed guilty of a misdemeanor. 
 
 2353. Using liquor at polling place. Saloons. It shall be unlawful for any person 
 or any election judge to introduce into any polling place, or to use therein, or to 
 offer to any one for use therein, at any time while any election is in progress or the 
 result thereof being ascertained by the counting of the ballots, any intoxicating, malt, 
 spirituous, or vinous liquors. It shall be vmlawful for any officer or board of officers 
 of any county, city, or town, who may at any time be charged with the duty of designat- 
 ing polling places for the holding of any general or special election therein, to select 
 therefor a saloon or room within the distance of fifty feet, measured in, a direct line, 
 of any saloon or other place where any intoxicating, malt, vinous, or spirituous liquors 
 are sold, to be drunk where sold. 
 
 2354. General penalty. Forfeiture of right to vote. Offender a competent witness. 
 All acts, omissions, and neglects of any person, official, or corporation, made an offense 
 by the provisions of this title, and the punishment for which is not expressly designated, 
 shall be punishable by a fine of not less than $100 nor more thai^ $1,000, or by imprison- 
 ment in the county jail for not more than one year, or by both such fine and imprison- 
 ment, and shall also forfeit the right to vote at such election; and any elector whose 
 right to vote shall be challenged for such cause shall be required to swear or affirm that 
 the matter of the challenge is untrue, before his vote shall be received. Any person 
 so offending against any provision of this title is a competent witness against any 
 other person so offending, and may be compelled to attend and testify upon any trial, 
 hearing, proceeding, or investigation in the same manner as any other person. But 
 the testimony so given shall not be used in any prosecution or proceeding, civil or 
 criminal, against the person so testifying except for perjury in giving such testimony. 
 A person so testifying shall not thereafter be liable to indictment, prosecution, or 
 punishment for the offense with reference to which his testimony was given, and may 
 plead or prove the giving of testimony accordingly In bar of such indictment or 
 prosecution. 
 
 2355. Chapter applicable to all elections. The provisions of this chapter shall 
 extend, so far as appll^jable, to all elections provided by law,\ special, general, municipal, 
 school, and primary elections in cities of the first and the second class. 
 
ELECTIONS— CORRUPT PRACTICES 4R 
 
 Prevention and Punishment of Corrupt Practices 
 
 In Election 
 
 2360. Construction of terms. The following words and phrases as used in this 
 chapter shall be construed as follows: 
 
 1. Any chapter shall be deemed to have been for "political purposes" when the 
 chapter is of a nature, or is done with the intent, or is done in such a way, as to 
 influence or tend to influence, directly or indirectly, any voting at any political con- 
 vention, primary, or election or if the said chapter is done on account of any persons 
 having voted or refrained from voting, or being about to vote or refrain from voting, 
 at any political convention, primary, or election. 
 
 2. The term "candidate" shall mean and include every person for whom it is 
 contemplated or desired that votes be cast at any political convention, primary, or 
 election, and who either tacitly or expressly consents to be so considered, except 
 candidates for president and vice-president of the United States. 
 
 3. The term "disbursement" shall mean and include every act by or through which 
 any money, property, offlce, or position or other thing of value passes, or is directly 
 or indirectly -conveyed, given, provided, paid, expended, promised, pledged, contributed, 
 or lent, and also any money, property, office, or position or other thing of value bo 
 given, provided, paid, expended, promised, pledged, contributed, or lent. 
 
 4. The term "filing officer," when used with reference to any candidate, shall be 
 construed to mean the officer who is authorized by law to issue a certificate of nomina- 
 tion or election to such candidate if he be successful. If there be no officer authorized 
 to issue such certificate of nomination or election, then such term shall be construed to 
 mean the clerk of the county, city, or town in which such candidate resides. 
 
 5. The term "primary" shall mean and include any primary election held under 
 the general election laws of this state, and also any primary held for the purpose of 
 selecting delegates to any political convention. 
 
 6. The term "election" shall mean and include all general, special, or other elec- 
 tions provided for under the general election laws of this state, or under the elec- 
 tion laws governing any election in any district, county, city, town, or other muni- 
 cipality therein. 
 
 7. The term "personal campaign committee" shall mean any committee appointed 
 by a candidate to act for him as hereinafter provided. 
 
 8. The term "party committee" shall mean any committee appointed or elected to 
 represent any political party with a party organization in this state. 
 
 9. Every two or more persons elected or appointed by any political party or 
 association for the purpose, wholly or partly, of raising, collecting, or disbursing money, 
 or directing the raising, collecting, or disbursing thereof, for nomination or election 
 purposes, and every two or more persons who shall co-operate in the raising, collecting, 
 or disbursing of money used, or to be used, for or against the election to public office 
 of any person or any class or number of persons, or for or against the adoption of any 
 law, ordinance, or constitutional amendment, shall be deemed a "political committee" 
 within the meaning of this chapter. 
 
 10. The term "committee" shall mean any personal campaign committee, party 
 committee, or political committee unless the intent is clearly shown to be other- 
 wise. 
 
 2361. Acceptance of disbursements. Defense to prosecutions. No person shall 
 receive or accept any money, property, or other thing of value, or any promise or 
 pledge thereof, constituting a disbursement made for political purposes contrary to 
 law. In any prosecution for the violation of this section, it shall be a defense if the 
 accused person shall prove that he had neither knowledge that such disbursement 
 constituted a disbursement made for political purposes contrary to law, nor any rea- 
 sonable cause to believe that it constituted such a disbursement. 
 
 2362. Manner of disbursement. No candidate shall make any disbursements for 
 political purposes except under his personal direction, which for every purpose shall 
 be considered his act, or through a party committee, or through a personal campaign 
 committee, whose authority to act shall be filed as provided by this chapter. 
 
 2363. Selection of personal comimittee. Revocations. Presumption as to acts. 
 Any candidate may select a personal campaign committee to consist of one or more 
 
46 ELECTIONS— CORRUPT PRACTICES 
 
 persons, and he may constitute himself as such committee. Before any personal cam- 
 paign committee shall make any disbursement in behalf of any candidate, or shall incur 
 any obligation, expressed or implied, to make any disbursement in his behalf, such 
 candid^ate shall file with his filing officer, a written statement signed by him, setting 
 forth that such personal campaign committee has been appointed, and giving the name 
 and address of each member thereof, and of the secretary thereof. If a personal cam- 
 paign committee consists of only one person, such person shall be deemed the secretary 
 thereof. If the candidate acts as his own personal campaign committee, he shall be 
 deemed the secretary thereof. Any candidate may revoke the selection of any member 
 of such personal campaign committee by a revocation in writing, which, with proof 
 of personal service on the member whose selection is so revoked, shall be filed with 
 the filing officer of such candidate. Such candidate may fill the vacancy thus created 
 in the manner in which the original appointment is made. In civil actions and pro- 
 ceedings brought under this chapter, the acts of every member of such personal cam- 
 paign committee shall be presumed to be with the knowledge and approval of the 
 candidate until it has been clearly proved that the candidate did not have knowledge 
 of and approved the same, and that, in the exercise of reasonable care and diligence, 
 he could not have had knowledge of and opportunity to disapprove the same. 
 
 2364. Disbursements by persons other than candidates. Exceptions. No person or 
 group of persons, other than the candidate or his personal campaign committee, or party 
 committee, shall make any disbursement for political purposes, otherwise than through 
 a personal campaign committee, or a party committee, except that expenses incurred 
 for rent of hall or other rooms, for hiring speakers, for printing, for postage, for tele- 
 graphing or telephoning, for advertising, for distributing printed matter, for clericqj 
 assistance, and for hotel and traveling expenses, may be contributed and paid by a per- 
 son or group of persons residing within the county where such expenses are incurred, 
 and except that a speaker may pay his actual traveling expenses in going to and from 
 meetings addressed by him. 
 
 2365. Legal disbursements by candidates. No candidate for nomination or election 
 to any elective office in this state coming within the provisions of this chapter shall 
 make any disbursements for political purposes except the following, which are hereby 
 declared to be legal disbursements for political purposes, to wit: 
 
 1. For his own personal hotel and traveling expenses and for postage, telegraph, 
 and telephone expenses; 
 
 2. For payments which he may make to the state pursuant to law or for filing 
 fees to the proper public officer; 
 
 3. For contributions to his duly registered personal campaign committee; 
 
 4. For contributions to his party committee; 
 
 5. For the purposes enumerated in § 2366, when such candidate has no personal 
 campaign committee, but not otherwise. 
 
 2366. Disbursements by committee. No personal campaign committee or party 
 committee, or any other political committee, shall make any disbursement except: 
 
 1. For maintenance of headquarters, and for hall rentals incident to the holding 
 of public meetings; 
 
 2. For necessary stationery, postage, telephone, telegraph, messenger, and clerical 
 assistance to be employed at a candidate's headquarters, or at the headquarters of 
 the committee, incident to the writing, addressing, and mailing of letters and cam- 
 paign literature; 
 
 3. For necessary expenses incident to the furnishing and printing of badges, 
 banners, and other insignia; to the printing and posting of handbills, posters, litho- 
 graphs, and other campaign literature, and the distribution thereof through the mails 
 or otherwise; 
 
 4. For campaign advertising in newspapers, periodicals, or magazines as provided 
 Ib this ^chapter; 
 
 5. For wages and actual necessary personal expenses of public speakers, organizers, 
 and musicians; 
 
 6. For traveling expenses of members of the committee; 
 
 7. For preparing poll lists and for challengers at the polls; 
 
 8. For contributions to other party or political committees. 
 
 ' 2367. Bills, charges, and claims against candidate or committee. Every person 
 who sha,ll have any bill, charge, or claim upon or against any personal campaign or 
 party committee or any candidate, for any disbursement made, services rendered, or 
 thing of value furnished for political purposes, or incurred in any manner in relation 
 to any primary or election, shall render in writing to such committee or candidate. 
 
ELECTIONS— C ORRUPT PRACTICES 47 
 
 such bill, charge, or claim, within fifteen days after the day of the primary or election 
 in connection with which such bill, charge, or claim was incurred. No candidate and 
 no personal campaign or party committee shall pay any bill, charge, or claim so 
 incurred prior to any primary or election which is not so presented within ten days 
 after such primary or election; provided, that the mailing of any such bill, charge, 
 claim, or remittance in a registered letter addressed to any candidate or committee, 
 postage prepaid, shall be deemed a compliance with this section. 
 
 2368. Financial statements. Details. 1. Every candidate who is voted for at 
 any primary or election held within this state, and the secretary of every personal 
 campaign committee, and the secretary of every party committee, and the secretary 
 of every other political committee, shall, on the second Saturday after such candidate 
 or committee has first made a disbursement, or has first incurred any expressed or 
 implied obligation to make a disbursement for political purposes, and thereafter, on the 
 second Saturday of each calendar month, until all disbursements shall have been 
 accounted for, and also on the Saturday preceding any election or primary, file a 
 financial statement verified upon the oath of such candidate, or upon the oath of 
 the secretary of such committee, as the case may be, which statement shall cover all 
 transactions not accounted for and reported upon in statements theretofore filed. Each 
 statement after the first, shall contain a summary of all preceding statements, and 
 summarize all items theretofore reported under the provisions of this chapter. 
 
 2. The statement of any candidate and the statement of his personal campaign 
 committee shall be filed with the filing officer of such candidate. The statement of 
 every state committee, and of every congressional committee, shall be filed with the 
 secretary of state. The statement of every other party committee shall be filed in 
 the office of the county clerk of the county within which such disburstements were 
 made. 
 
 3. Each such statement shall give in full detail: 
 
 (a) Every sum of money and all property and every other thing of value received 
 by such candidate or committee during such period, from any source whatsoever, 
 which he or it uses or has used or is at liberty to use for political purposes, together 
 with the name of every person or source from which each was received, the specific 
 purpose for which each was received, and the date when each was received, together 
 with the total amount received from all sources in any amounts or manner whatso- 
 ever. 
 
 (b) Every promise or pledge of money, property, or other thing of value received 
 by such candidate or committee during such period, the proceeds of which he uses 
 or has used or is at liberty to use for political purposes, together with the name of 
 the persons by whom each was promised or pledged, the specific purposes for which 
 each was promised or pledged, and the date when each was so promised or pledged, 
 together with the total amount promised or pledged, from all sources, in any amounts 
 whatsoever. 
 
 (c) Every disbursement by such candidate or committee for political purposes 
 during such period, together with the name of every person to whom the disburse- 
 ment was made, the specific purpose for which each was made, and the date when 
 each was made, together with the total amount of disbursements made in any amounts 
 or manner whatsoever. 
 
 (d) Every obligation, expressed or implied, to make any disbursement incurred 
 by such candidate or committee for political purposes during such period, together 
 with names of the person or persons to or with whom each such obligation was 
 Incurred, the specific purposes for which each was made, and the date when each 
 was incurred, together with total amount of such obligations made in any amounts 
 or manner whatsoever. 
 
 Statements shall also be made by any other political committee, showing the total 
 amount of receipts and disbursements, and for what purpose such disbursements were 
 made. Such statements shall be filed with the clerk of the county in which the com- 
 mittee has its headquarters, within thirty days after any primary or election. 
 
 2369. Blanks furnished for required statements. Blanks for all statements re- 
 quired by this chapter shall be prepared by the secretary of state, and copies thereof, 
 together with a copy of this chapter, shall be furnished through the county clerk, or 
 otherwise as the secretary of state may deem expedient, to the secretary of every 
 committee, upon request, and to every candidate upon the filing of nomination papers, 
 and to all other persons required by law to file such statements, who may apply there- 
 for. 
 
 2370. Public inspection. Certified copies. All such statements shall be open to 
 public inspection in the offices where they are filed, and shall be carefully preserved 
 
48 ELECTIONS— CORRU PT PRACTICES 
 
 there for a period of one year; and it shall be the duty of the officers having custody 
 of the same to give certified copies; thereof in like manner as of other public 
 records. 
 
 2371 . Official inspection of statements. Notice to delinquents. The several officers 
 with whom statements are required to be filed shall inspect all statements of disburse- 
 ments relating to nominations and elections filed with them, within ten days after 
 the same are filed; and if, upon examination of the official ballot, it appears that 
 any person has failed to file a statement as required by law, or if it appears to any 
 such officer that the statement filed with him does not conform to law, or, upon com- 
 plaint in writing by a candidate or by a voter that a statement filed does not conform 
 to law or to the truth, or that any person has failed to file a statement which he is by 
 law required to file, said officer shall forthwith in writing notify the delinquent person 
 to comply with this chapter. 
 
 2372. Duty of filing officer. Notice to county attorney. Proceedings. Upon the 
 failure of any person to file a statement within ten days after receiving notice under 
 the preceding section, or if any statement filed discloses any violation of any pro- 
 vision of this chapter, the filing officer shall forthwith notify the county attorney of 
 the county in which said violation occurred, and shall furnish him with copies of all 
 papers relating thereto, and the said county attorney shall, on such complaint, or 
 the complaint of any other person, forthwith enter the same in a docket kept for that 
 purpose in his office; and within twenty days thereafter, shall examine every such 
 case; and if the evidence seems to him to be sufficient under the provisions of this 
 chapter, he shall, in the name of the people of the state, forthwith institute such civil 
 or criminal proceedings as may be appropriate to the facts. 
 
 2373. No excuse from answering questions. No person, otherwise competent as a 
 witness, shall be excused from answering any question in any proceedings under this 
 chapter, on the ground that such answers would tend to incriminate him; but no 
 prosecution can afterwards be had against such witness for any such offense concern- 
 ing which he testified for the prosecution, except in an action for prejury in giving 
 such testimony. 
 
 2374. Candidate's name not printed unless statement is filed. Manner of filling 
 vacancy. The name of a candidate chosen at a nominating convention, or primary 
 election, or otherwise, shall not bo printed on the official ballot for the ensuing 
 election unless there have been filed by or on behalf of said candidate, and by his 
 personal campaign committee, if any, the statement of receipts and disbursements 
 relating to nominations required by this chapter. Any vacancy on the ballot caused 
 by such failure to file such statements shall be filed by the proper committee of his 
 political party, in the manner authorized by law, but not by the use of the name of 
 the candidate who has failed to file such statements. 
 
 2375. Oath, certificate, office, salary, dependent on statement. It shall be unlaw- 
 ful to administer the oath of office, or to issue a certificate of nomination or election, 
 to any person nominated or elected to any public office until he has filed a state- 
 ment as required by this chapter, which statement shall upon its face be complete 
 and show a lawful compliance with this chapter; and no such person shall enter 
 upon the duties of his office until he has filed such a statement, nor shall he receive 
 any salary or fees for any period prior to the filing of the same. 
 
 2376. Limitations as to disbursements. Prohibitions. Contributions. No disburse- 
 ments shall be made and no express or implied obligation to make such disbursement 
 shall be incurred by or on behalf of any candidate for any office under the constitution 
 or laws of this state, or under the ordinance of any city, town, or municipality of this 
 state In his campaign for nomination and election, which shall aggregate more than 
 the amounts herein specified, namely: 
 
 1. For United States senator, $4000; 
 
 2. For representative in congress, |2000; 
 
 3. For governor, $3000; 
 
 4. For presidential elector, $500; 
 
 5. For state senator, $200; 
 
 6. For state representative, $100; 
 
 7. For any other state officer, for any judge, for any county, city, or town officer, 
 or for any officer not hereinbefore mentioned who, if elected, would receive as salary, 
 a sum not exceeding, in the case of an officer elected for a four-year term, 15 per cent 
 of the salary to which such person would, if elected, be entitled during the first year 
 of his incumbency of such office; and in the case of" an officer elected for a two-year 
 
ELECTIONS— C ORRUPT PRACTICES ^ 
 
 term, a sum not exceeding 10 per cent of such salary; provided, that no person shall 
 be restricted to less than $100. 
 
 No sum of money shall be paid, and no expenses authorized or incurred by or 
 on behalf of any candidate contrary to the provisions of this chapter. For the pur- 
 poses of this law the contribution, expenditure, or liability of a descendant, ascendant, 
 brother, sister, uncle, aunt, nephew, niece, wife, husband, partner, employer, employe, 
 or fellow official or fellow employe of a corporation shall be deemed to be that of the 
 candidate himself. 
 
 2377. Delegation of expenditure of disbursements. Any candidate may delegate 
 to his personal campaign committee or to any party committee of his party in writing 
 duly subscribed by him, the expenditure of any portion of the total disbursements 
 which are authorized to be incurred by him or on his behalf by the provisions of this 
 chapter, but the total of all disbursements by himself and by his personal campaign 
 committee in his behalf, shall not exceed in the aggregate the amounts in this chapter 
 specified, except as provided herein. 
 
 2378. Limitations as to obligations and disbursements. 1. No disbursement shall 
 be made, and no obligation, expressed or implied, to make such disbursement, shall 
 be incurred by or on behalf of any personal campaign committee exceeding In the 
 aggregate the total amounts theretofore delegated to such committee in writing duly 
 subscribed as provided in § 2377. 
 
 Z- The state committee of any political party entitled by law to have the names 
 of its candidates placed upon the official ballot in a general election may, however, 
 in addition to the disbursements delegated to it under the provisions of § 2377, make 
 further disbursements in connection with any general election; but the aggregate of all 
 the disbursements of any such state committee or of any other state political committee 
 shall in no event exceed a sum equal to 12^ cents for each vote cast in the state 
 for all candidates for governor in the next preceding general election, and every dis- 
 bursement by any such committee in excess of such amount is forbidden. 
 
 3. The county committee of any political party entitled by law to have the names 
 of its candidates placed upon the official ballot in any general election may, however, 
 in addition to the disbursements delegated to it under the provisions of § 2377, make 
 further disbursements in connection with any general election, but the aggregate of 
 all the disbursements of any such county committee shall in no event exceed a sum 
 equal to 12^^ cents for each vote cast in such county for all candidates for governor in 
 the next preceding general election, and any disbursement by any such committee in 
 excess of such amount is forbidden. 
 
 2379. Prohibitions as to corporations. Fines and forfeitures. No corporation do- 
 ing business in this state shall pay, contribute, loan, or advance, or offer, consent, or 
 agree to pay, contribute, loan, or advance, directly or indirectly, any money, property, 
 free services of its officers or employes, or anything of value, to any political party, 
 organization, committee, or individual for any political purpose whatsoever, or for the 
 purpose of promoting or defeating the candidacy of any person for nomination, election, 
 or appointment to any political office. No officer, agent, or employe of a corporation 
 shall use or contribute the moneys of such corporation for political purposes or in the 
 interest of any political candidate or party. No corporation, public or private, shall 
 deduct, or in any manner withhold, any salaries or part of salaries, from its employes, 
 for political campaign expenses incurred in the past, present, or to bq incurred in 
 the future. Jf any corporation shall be convicted of violating any of the provisions 
 of this chapter, it shall be subject to a fine of not less than $500, nor more than 
 $10,000, and if a domestic corporation, in addition to said fine, it may be dissolved; 
 and if a foreign or non-resident corporation, in addition to said fine, its rights to do 
 business in this state may be declared forfeited. 
 
 2380. Punishment for representatives of corporations. Any officer, employe, agent, 
 attorney, or ' other representative of any corporation, acting for or in behalf of such 
 corporation, who shall violate this chapter, shall be punished upon conviction by a 
 fine of not less than $100 nor more than $5000, or by imprisonment in the county jail 
 for a period of not less than thirty days nor more than one year, or by both such fine 
 and imprisonment, in the discretion of the court or judge before whom sucn conviction 
 is had. 
 
 2381. Evidence against corporations. Disposition of fines. The violation of this 
 chapter by any officer of such corporation shall be prima facie evidence of said violation 
 by such corporation. All fines or forfeitures recovered under the provisions of this 
 chapter shall, when collected, be paid into the treasury of the county for the use 
 
50 ELECTIONS— CORRUPT PRACTICES 
 
 of the road and bridge fund, and it is hereby made the duty of the county attorney 
 of each county, on proper complaint, to conduct prosecutions under this chapter. 
 
 2382. Prohibition as to publishers. No publisher of a newspaper or other' peri- 
 odical circulating in this state shall insert, either in its advertising or reading columns, 
 any paid matter which is designed, or tends to aid, injure, or defeat any candidate, 
 or any political party or organization, or any measure before the people, unless it 
 is stated therein that it is a "paid advertisement," and unless the name of the chair- 
 man or secretary or other officers of the political or other organizations inserting the 
 same, or the name and address of some voter who is responsible therefor, shall appear 
 in such advertisement in the nature of a signature. No person shall pay the owner, 
 editor, publisher, or agent of any newspaper or other periodical to induce him editorially 
 to advocate or oppose any candidate for nomination or election, and no such owner, 
 editor, publisher, or agent shall accept such payment. 
 
 2383. Publisher must file statements. Contents. No publisher of any newspaper 
 or other periodical published within this state shall insert, either in its advertising 
 or reading columns, any matter whatsoever of a political nature, or any political 
 editorial relative to a candidate for any public office, unless the publisher thereof shad 
 file in the office of the secretary of state, within three months before the holding of 
 any nominating convention or primary or general election, or within ten days after 
 the calling of and before the holding of any special election, a sworn statement which 
 shall contain the names of the owners of such paper; and if such paper be a corpora- 
 tion, such statement shall be executed by some responsible officer thereof who is in a 
 position to know the equities thereof, and shall contain the names and addresses of 
 the owners of the shares of stock and the bonds of such corporation, together with an 
 affidavit from each of such stockholders, and bondholders, setting forth the following 
 facts, namely: 
 
 1. Whether or not he is the actual owner of the shares of stock or the bonds 
 standing in his name on the books of the corporation, and if not, who is the actual 
 owner thereof; 
 
 2. Whether or not such shares of stock or bonds, or any portion thereof, are held 
 In trust for another person or corporation, and if so, for whom; 
 
 3. ^Whether or not such shares of stock or bonds, or any portion thereof, are 
 under option to be sold to any other person or corporation, and if so, to whom; 
 
 4. Whether or not such shares of stock or bonds, or any portion thereof, have 
 been pledged or hypothecated, and if so, to whom, for what amount, and for what 
 purpose. 
 
 Any stockholder who shall refuse to make such affidavit shall be guilty of a 
 violation of this chapter, but such a violation of this chapter by a stockholder or 
 bondholder shall not excuse such corporation from otherwise complying with this 
 chapter; and if such corporation shall otherwise comply with this chapter, and shall 
 show in its statement filed with the secretary of state the name or names of the stock- 
 holder or stockholders, bondholder or bondholders so refusing to make said affidavit, 
 such refusal on the part of such stockholder or bondholder shall not constitute a viola- 
 tion of this chapter by such corporation. 
 
 2384. Declaration as to interest in periodicals. Every candidate and every member 
 of any personial campaign or party committee who, either in his own name or in 
 the name of any other person, owns any financial interest in any newspaper or 
 other periodical circulating in Utah, shall, before such newspaper or periodical shall 
 print any matter otherwise than as is provided in § 2382, which is intended or tends to in- 
 fluence, directly or indirectly, any voting at any primary or election in this state, file in 
 the office of the county clerk of the county in which he resides, a verified declaration 
 stating definitely the newspaper or periodical in which or over which he has such 
 financial interest or control, and the exact nature and extent of such interest or control. 
 The editor, manager, or other person controlling the publication of any such news- 
 paper or periodical, who shall print or cause to be printed any such matter contrary 
 to the provisions of this chapter prior to the filing of such verified declaration from any 
 person required by this section to file such declaration, shall be deemed guilty of a 
 violation hereof. 
 
 2385. Soliciting matter for publication. Excess compensation prohibited. No 
 owner, publisher, editor, reporter, agent, or employe of any newspaper or other peri- 
 odical shall, directly or indirectly solicit, receive, or accept any payment, promise, or 
 compensation, nor shall any person pay, or promise to pay, or in any manner com- 
 pensate any such owner, publisher, editor, reporter, agent, or employe, directly or 
 
ELECTIONS— CORRUPT PRACTICES 51. 
 
 indirectly, for influencing or attempting to influence by means of any printed matter 
 in such newspaper, any voting at any election or primary, through any means what- 
 soever, except through the matter inserted in such newspaper or periodical as "paKd 
 advertisement," and so designated as provided by law, and the compensation for insert- 
 ing any such "paid advertisement" shall in no case exceed the regular rate charged 
 by such newspaper or periodical for such service. 
 
 2386. Publication of false statement relative to candidates prohibited. No per- 
 son, firm, or corporation shall knowingly make or publish, or cause to be made or 
 published, any false statement in relation to any candidate, which statement is intended 
 or ten^s to affect any voting at any primary, convention, or election. 
 
 2387. Personation. Penalty. Any person shall be deemed guilty of the offense of 
 personation who, at any primary or election, applies for a ballot in the name of some 
 other person, whether it be that of a person living or dead, or of a fictitious person, 
 or who, having voted once at a primary or election, applies at the same election for 
 a ballot in his own name or any other name; and on conviction thereof such person 
 shall be punished by imprisonment in the state prison at hard labor for not less than 
 one nor more than three years. Any person who aids, abets, counsels, or procures the 
 commission of the offense of personation shall, upon conviction, be subject to the 
 same penalty. 
 
 2388. Bet or wager on elections prohibited. Any candidate who, before or during 
 any primary or election campaign, makes any bet or wager of anything of pecuniary 
 value, or in any manner becomes a party to any such bet or wager, on the result of 
 the primary or election in his electoral district, or in any part thereof, or on any 
 event or contingency relating to any pending primary or election, or who provides 
 money or other valuable thing to be used by any other person in betving or wagering 
 upon the results of any impending primary or election, shall be guilty of a violation 
 of this chapter. Any person who makes any bet or wager of anything of pecuniary 
 value on the result of such primary or election, or on any event or contingency relating 
 thereto, shall be guilty of a violation of this chapter, and in addition thereto, any 
 such act shall be a ground of challenge against his right to vote. Any person who, 
 directly or indirectly, makes a bet or wager with any voter, depending upon the 
 result of any impending primary or election, with the intent thereby to procure the 
 challenge of such voter, or to prevent him from voting at such primary or election, 
 shall be guilty of a violation of this chapter. 
 
 2389. Payments for service, deduction of wages, and furnishing conveyances 
 prohibited. It shall be unlawful for any person to pay another for any loss due to 
 attendance at the polls or in registering; provided, that this shall not be construed to 
 permit an employer to make any deduction from the usual salary or wages of any 
 employe while in attendance at the polls for the purpose of voting. No person shall 
 pay for personal service performed or to be performed on the day of a caucus, primary, 
 convention, or any election, or for any purpose connected therewith, tending in any way, 
 directly or indirectly, to affect the result thereof, except for the hiring of persons 
 whose sole duty it is to act as challengers and watch the count of official ballots. No 
 person, corporation, committee, or organization shall convey or furnish any vehicle 
 for conveying, or bear any portion of any expense of conveying, any voter to or from 
 the polls or registration places, or any part of the way'; provided, that the committees 
 or any two or more political parties may co-operate, at joint expense, in conveying 
 sick, disabled, aged, or infirm voters to the polls or registration places, but no con- 
 veyance so furnished shall have any banner or party worker upon it. But this provision 
 shall not apply to persons of the same household, nor shall it prohibit two or more 
 voters from providing joint transportation for themselves by mutual agreement at 
 their own expense. 
 
 2390. Promises of appointment prohibited. No person shall, in order to aid or 
 promote his nomination or election, directly or indirectly, himself or through any other 
 person, appoint or promise to appoint any person, or secure or promise to secure, or 
 aid in securing, the appointment, nomination, or election of any person to any public 
 or private position or employment, or to any position of honor, trust, or emolument. 
 Nothing herein contained, however, shall prevent a candidate from stating publicly his 
 preference for, or support of, any other candidate for any office to be voted for at the 
 same primary or election; nor prevent a candidate for any office in whicn the person 
 elected will be charged with the duty of participating in the election or nomination 
 of any person as a candidate for any office, from publicly stating or pledging his 
 preference for or support of any person for such office or nomination. 
 
52 ELECTIONS— CORRUPT PRACTICES 
 
 2391. Rewards for refraining to be candidates prohibited. No person shall pay 
 or reward, or promise to pay or reward, another in any manner or form for the purpose 
 of inducing him to be or to refrain from or cease being a candidate, and no person 
 shall solicit any payment, promise, or reward from another for such purpose. 
 
 2392. Soliciting and contributing for public organizations prohibited. No person 
 shall demand, solicit, ask, or invite any payment or contribution for any religious, 
 charitable, or other causes or organization supposed to be primarily or principally for 
 the public good, from a person who seeks to be or has been nominated to any office; 
 and no such candidate shall make any such payment or contribution, if it shall be 
 demanded or asked, during the time he is a candidate for nomination or ejection to any 
 office. No payment or contribution for any purpose shall be made a condition precedent 
 to the putting of a name on any caucus or convention ballot or nomination paper or 
 petition, or to the performance of any duty imposed by law on a political committee. 
 
 2393. Public appointees not to serve as delegates or committeemen. No holder of 
 a salaried position other than an office filled by the voters shall be a delegate to a 
 convention that nominates the officer or b6ard under whom he directly or indirectly 
 holds such position, nor shall he be a member of a party committee for the state, 
 district, or municipality by which he is employed. 
 
 2394. Exchange of credentials prohibited. No person or persons shall invite, offer, 
 or effect the trade, transfer, or exchange of any convention credentials, or the vote or 
 support of any delegate or delegates to any political convention, in exchange for any 
 money or thing of value, or in exchange for any credentials or for the support or vote 
 of any delegate, for any person or candidate for any political office or nomination. 
 
 2395. Violation of this chapter a misdemeanor. Any person or persona who shall 
 aid, abet, or advise a violation of this chapter shall be guilty of a misdemeanor, and 
 upon conviction thereof, shall be punished as provided in this chapter. 
 
 2396. Place of prosecutions. Violations of this chapter may be prosecuted in the 
 county where such payment or contribution is made, or services rendered, or in any 
 county wherein such money has been paid or distributed. 
 
 * 2397. Proceeding by electors for violation of chapter. 1. If any elector of the 
 state shall have within his possession information that any provision of this chapter 
 has been violated by any candidate for whom such elector had the right to vote, or by 
 any personal campaign committee of such candidate, or any member thereof, he may, 
 by verified petition, apply to the district judge of the district in which such violation 
 has occurred, to the attorney-general of the state, or to the governor of the state, for 
 leave to bring a special proceeding to investigate and determine whether or not there 
 has been such violation by such candidate or by such committee or member thereof, 
 and for appointment of special counsel to conduct such proceeding in behalf of the 
 state. 
 
 2. If it shall appear from such petition or otherwise that such candidate, com- 
 mittee, or member thereof has violated any provision of this chapter, and thai surncient 
 evidence is obtainable to show that there is probable cause to believe thar such pro- 
 ceeding may be successfully maintained, then such judge, attorney-general, or governor, 
 as the case may be, shall grant leave to bring such proceeding, and shall appoint special 
 counsel to conduct such proceeding. 
 
 3. If such leave be granted and such counsel appointed, such elector may, by a 
 special proceeding brought in the district court in the name of the state upon the 
 relation of such elector, investigate and determine whether or not such candidate, 
 committee, or member thereof has violated any provision of this chapter; but nothing 
 contained in this chapter shall be considered as in any way limiting the effect or 
 preventing the operation of remedies now in existence in such cases. 
 
 2398. Procedure. 1. In such proceeding the complaint shall be served with the 
 summons, and shall set forth the name of the person whose election is contested, and 
 the grounds of the contest in detail, and shall not thereafter be amenaec except by 
 leave of the court. The summons and complaint in the proceeding shall be filed within 
 live days after service thereof. 
 
 2. The answer to the complaint shall be served and filed within ten days after 
 the service of the summons and complaint. Any allegation of new matter in the 
 answer shall be deemed controverted by the adverse party without reply, and there- 
 upon said proceeding shall be at issue apd stand ready for trial upon five days' notice 
 of trial. 
 
ELECTIONS— CORR UPT PRACTICES 5^ 
 
 3. All such proceedings shall have precedence over any civil cause of a different 
 nature pending in such court, and the court shall always be deemed open for the trial 
 thereof, in or out of term, and the same shall be tried and determined the same as are 
 civil action^, but the court shall, without a jury, determine all issues of fact as well as 
 issues of law. 
 
 4. If more than one proceeding is pending, or the election of more than one 
 person is investigated and contested, the court may, in its discretion, order the 
 proceedings consolidated and heard together, and may equitably apportion costs and 
 disbursements. 
 
 5. In all such proceedings either party shall have the right of change of venue, 
 as provided by law in civil actions, but application for such change must be made 
 within five days after service of summons and complaint, and the order for such 
 change shall be made within three days after the making of such application and the 
 papers transmitted forthwith, and any neglect of the moving party to procure such 
 transmission within such time shall be a waiver of his right to such change of venue. 
 
 6. If judgment is in favor of the plaintilT, the relator may recover his taxable 
 costs and disbursements against the person whose right to the office is contested, but 
 no judgment for costs shall be awarded against the relator, unless it snail appear 
 that such proceeding has been instituted otherwise than in good faith. All costs and 
 disbursements in such cases shall be in the discretion of the court. 
 
 2399. Id. Void elections. Vacancies. Findings in legislative elections. Appeals. 
 
 1. If the court shall find that the candidate whose right to any office is being inves- 
 tigated, or his personal campaign committee or any member thereof, has violated any 
 provision of this chapter, in the conduct of the campaign for nomination or election, 
 and if such candidate is not one mentioned in subsection 2 hereof, judgment shall be 
 entered declaring void the election of such candidate to the office tor which he was 
 a candidate, and ousting an excluding him from office and declaring the office vacant. 
 The vacancy thus created shall be filled in the manner provided by law, but no person 
 found to have violated any provision of this chapter shall be eligible to fill any office 
 or to become a candidate for any office, candidates for which have been voted for at 
 the primary or election in connection with which such violation occurrea. 
 
 2. If such proceeding has been brought to investigate the right of a candidate 
 for member of either house of the state legislature or for senator or representative in 
 congress, and the court shall find that such candidate or any member of his personal 
 campaign committee has violated any provision of this chapter, in the conduct of the 
 campaign for nomination or election, the court shall draw its findings to such effect and 
 shall forthwith, without final adjudication, certify its findings to the secretary of 
 state, to be by him transmitted to the presiding officer of the legislaive body as a 
 member of which such person is a candidate. 
 
 3. Appeals may be taken from the determination of the court in such proceedings 
 in the same manner as appeals may be taken as provided by law in civil actions, but 
 the party appealing shall in no case be entitled to or obtain a stay of proceedings. 
 No injunction shall issue in any such proceeding suspending or staying any procedure 
 therein or connected therewith, excdpt upon application to the court or the presiding 
 judge thereof upon notice to all parties and after hearing. 
 
 4. No judgment entered as provided for herein shall be any bar to or affect In any 
 way any criminal prosecution of any candidate or other person. 
 
 2400. Special counsel. Compensation. 1. If the judgment of the trial court is 
 appealed from in such proceeding, the district judge, the attorney-general, or the 
 governor who made the appointment of special counsel for the trial court, shall author- 
 ize such counsel so appointed, or some other person, to appear as special counsel in 
 the supreme court in such matter. 
 
 2. The special counsel provided for by this chapter, shall receive a reasonable 
 compensation for his services, not to exceed, however, $25 per day for the time 
 actually spent in conducting the proceedings in the trial court or upon appeal, and not 
 to exceed $10 per day for the time necessarily expended in preparation therefor. Such 
 compensation shall be audited by the secretary of state,- and paid out of the state 
 treasury upon a voucher and upon the certificate of the officer appointing such counsel 
 to the effect that such appointment has been duly made, that the person so appointed 
 has faithfully performed the duties imposed upon him, and that the number of days 
 stated in such voucher have been consumed in conducting such litigation and in 
 preparation therefor. Such compensation shall be audited and paid in the same manner 
 as other claims against the state are audited and paid. 
 
54 ELECTIONS— CORRUPT PRACTICES 
 
 2401. Witnesses must testify. Exemptions from prosecution. No person shall be 
 excused from testifying in such proceeding, or in any proceeding for violation of or grow- 
 ing out of the provisions of this chapter, on the ground that his testimony may expose 
 him to prosecution for any crime, misdemeanor, or forfeiture. But no person shall be 
 prosecuted, or subjected to any penalty or forfeiture, except forfeiture of nomination or 
 election to office, for or on account of any transaction, matter, or thing concerning which 
 he may testify or produce evidence, documentary or otherwise, in such proceeding or 
 examination, except a prosecution for perjury committed in giving such testimony. 
 
 2402. Conviction of candidates or committeemen. Punishment, Supplemental judg- 
 ments. 1. If any person shall, in a criminal action, be judged to have been guilty of 
 any violation of this chapter, while a candidate for any office under the constitution 
 or laws of this state, or under any ordinance of any town or municipality herein, other 
 than the office of state senator or state representative, the court shall, after entering 
 the adjudication of guilty, enter a supplemental judgment declaring such person to 
 have forfeited the office in the conduct of the campaign for the nomination or election 
 to which he was guilty of such violation, and shall transmit to the filing officer of 
 such candidate a transcript of such supplemental judgment, and thereupon such office 
 shall be deemed vacant and shall be filled as provided by law. 
 
 2. If any person shall, in a similar action, be found guilty of any violation of this 
 chapter, committed while he was a member of the personal campaign committee of any 
 candidate for any such office, the court before which such action is tried shall, immedi- 
 ately after entering such adjudication of guilty, enter a supplemental judgment declar- 
 ing such candidate to have forfeited the office in the conduct of the campaign for 
 nomination or election to which such member of his personal campaign committee 
 was guilty of such violation, and shall transmit to the filing officer of such candidate 
 a transcript of such supplemental judgment, and thereupon such office shall be deemed 
 vacant and shall be filled as provided by law. 
 
 3. If any person shall, in a criminal action, be adjudicated guilty of any violation 
 of this chapter, committed while he was a candidate for the office of state senator, state 
 representative. United States senator, or representative in congress, or while he was 
 a member of the personal campaign committee of any such candidate, the court, after 
 entering such adjudication of guilty, shall forthwith transmit to the presiding officer 
 of the legislative body as a member of which such officer was a candidate when 
 such violation occurred, a certificate setting forth such adjudication of guilt. 
 
 4. Any court having jurisdiction 1o enter judgment of guilty in any such criminal 
 action is hereby vested with jurisdiction to enter such supplemental judgment, transmit 
 a transcript thereof, and issue a certificate as provided in this section. 
 
 2403. Employment of counsel by defense. Costs. Nothing contained in this chapter 
 shall prevent any candidate from employing counsel to represent him In any action or 
 proceeding affecting his rights as a candidate, nor from paying all costs and disburse- 
 ments necessarily incident thereto. No sum so paid or incurred shall be deemed a 
 part of the campaign expenses of any such candidate. 
 
 2404. Punishment other than herein provided. Any person violating any pro- 
 vision of this chapter shall, upon conviction thereof, be punished, unless otherwise 
 herein provided, by imprisonment in the county jail for a period of not less than one 
 month. nor more than one year, or by imprisonment in the state prison for a period 
 of not less than one year nor more than three years, or by a fine of not less than $25» 
 nor more than $1000, or by both such fine and imprisonment; and no person so con- 
 victed shall be permitted to take or hold the office to which he was elected, if any, or 
 receive the emoluments thereof. 
 
 2405. Repeal. Section 897, Compiled Laws of Utah, 1907, and all other chapters 
 or parts of chapters in conflict with any provisions of this chapter are hereby repealed. 
 
 2406. Validity of chapter. In the event that any provision or paragraph or part 
 of this chapter shall be questioned in any court and shall be held to be invalid the 
 remainder of the chapter shall not be invalidated, but shall remain in full force and 
 effect. 
 
ELECTIONS— CONTESTS 55 
 
 Election Contests 
 
 2410. Grounds for contest of election, location of county seat, etc. The election 
 of any person to any public office, the location or relocation of a county seat, or any 
 proposition submitted to a vote of the people, may be contested: 
 
 1. For malconduct, fraud, or corruption on the part of the judges of election 
 at any polling place, or of any board of canvassers, or any member of either board, 
 sufficient to change the result; 
 
 2. When the incumbent was not eligible to the office at the time of the election; 
 
 3. When the incumbent has given or offered to any elector or any judge or can- 
 vasser of the election, any bribe or reward in money, property, or anything of value, 
 for the purpose of procuring his election, or has committed any other offense against 
 the elective franchise defined by law; 
 
 4. When illegal votes have been received, or legal votes have been rejected at 
 the polls sufficient to change the result; 
 
 5. For any error of any board of canvassers or of the judges of election in 
 counting the votes or declaring the result of the election, if the error would change 
 the result; 
 
 6. For any other cause which shows that another person was legally electea. 
 The term incumbent in this section means the person whom the canvassers 
 
 declare elected. 
 
 2411. Irregularity not a basis of contest. Exception. No Irregularity or im- 
 proper conduct in the proceedings of the judges, or any of them, is such malconduct as 
 avoids an election, unless the irregularity or improper conduct is such as to procure 
 the person whose right to the office is contested to be declared elected when he had 
 not received the highest number of legal votes. 
 
 2412. Election set aside for malconduct only when result changed. When any 
 election held for an office exercised in and for a county is contested on account of any 
 malconduct on the part of a judge or the judges of any election district, the election 
 cannot be annulled and set aside upon any proof thereof, unless the rejection of the 
 vote of such district or districts would change the result as to such office in the re- 
 maining vote of the county. 
 
 2413. Contest to be filed within forty days. Statement. When an elector contests 
 the right of any person declared elected to such office, he must, within forty days after 
 the return day of the election, file with the clerk of the district court or the county 
 within or for which such office is to be exercised a written statement, setting forth 
 specifically: 
 
 1. The name of the party contesting such election, and that he is an elector of 
 the county, precinct, city, school district, or of any subdivision of either, as the case 
 may be, in which the election was held; 
 
 2. The name of the person whose right to the office is contested; 
 
 3. The office; 
 
 4. The particular grounds of such contest; 
 
 Which statement must be verified by the affidavit of the contesting party, that 
 the matters and things therein contained are true, except as to those matters therein 
 stated upon his information or belief, and that as to those matters he believes it to 
 be true. 
 
 2414. Id. Sufficiency of statement. Names of witnesses to be given, when. When 
 the reception of illegal votes or the rejection of legal votes is alleged as a cause of 
 contest, it is sufficient to state generally, that in one or more specified districts or 
 polls illegal votes were given to the person whose election is contested, which, if taken 
 from him, would reduce the number of his legal votes below the number of legal votes 
 given to some other person for the same office; or that legal votes for another person 
 were rejected, which, if counted, would raise the number of legal votes for such person 
 above the number of legal votes cast for the person whose election is contested; but 
 no testimony can be received of any such votes, unless the party contesting such election 
 deliver to the opposite party, at least three days before such trial, a written list of 
 
56 ELECTIONS— CONTESTS 
 
 the number thereof, and by whom given or offered, which he intends to prove on such 
 trial; and no testimony can be received of any such votes except such as are specified 
 in such list. 
 
 2415. Statement not rejected nor proceeding dismissed for want of form. No state- 
 ment of the grounds of contest will be rejected, nor the proceedings dismissed by a'ny 
 court for want of form, if the grounds of contest are alleged with such certainty as 
 will advise the defendant of the particular proceeding or cause for which such election 
 Is contested. 
 
 2416. Court to fix time for hearing contest. Upon the statement being filed, the 
 clerk must inform the judge of the district court thereof; the judge of said court must 
 then, by an order to be entered by the clerk, name some day, not less than ten nor 
 more than thirty days from the date of the filing of such statement, to hear and 
 determine such contested election. 
 
 2417. Citation to defendant. Service. The clerk must thereupon issue a citation 
 for the person whose right to the office is contested to appear at the time and place 
 specified in the order, which citation must be delivered to the sheriff, and be served 
 either upon the party in person, or, if he cannot be found, by leaving ti copy thereof 
 at the house where he last resided, at least five days before the time so specified. 
 
 2418. Hearing contest. Continuance on terms. The court must meet at the time 
 and place designated to determine such contested election, and shall have all the 
 powers necessary to the determination thereof. It may adjourn the hearing and trial 
 from day to day until such trial is ended, and may also continue the trial, before its 
 commencement, for any time not exceeding twenty days, for good cause shown by 
 either party upon affidavit, at the cost of the part applying for such continuance. 
 
 2419. Judgment confirming or annulling election. After hearing the proofs and 
 allegations of the parties, the court must pronounce judgment in the premises, either 
 confirming or annulling and setting aside such election. 
 
 2420. Order for production of ballots. Inspection in open court. If an inspection 
 of the ballots of any election district or polling place in this state shall be necessary 
 for the determination of any election contest before any court, the judge thereof may, 
 by order, naming the district or polling place, require the proper officer to procure the 
 same from the person in whose possession or custody the same may be, and such cus- 
 todian shall deliver the same to said officer, who shall deliver them unopened to such 
 judge. The judge shall open and inspect the same in 'open court in the presence of 
 the parties or their attorneys, and immediately after such inspection shall seal them 
 in an envelope and return them, by mail or otherwise, to the office of the legal 
 custodian. 
 
 2421. Person having highest vote declared elected. If in any such case it appears 
 that a person other than the one returned has the highest number of legal votes, the 
 court must declare such person elected. 
 
 2422. Judgment for costs. If the proceedings are dismissed for insufficiency, or 
 want of prosecution, or the election is by the court confirmed, judgment for costs 
 must be rendered against the party contesting such election, and in favor of the party 
 whose election was contested; but if the election is annulled and set aside, judgment 
 for costs i^ust be rendered against the party whose election was contested, and in favor 
 of the party contesting the same. Primarily, each party is liable for the costs created 
 by himself, to the officers and witnesses entitled thereto, which may be collected in 
 the same manner as\similar costs are collected in other cases. 
 
 2423. Appeals. Execution not stayed except for costs. Either party aggrieved 
 by the judgment may appeal therefrom to the supreme court, as in other cases of 
 appeal thereto from the district court, but such appeal must not stay execution or 
 proceedings, except execution for costs. 
 
 2424. Effect of not appealing within ten days. Whenever an election is annulled 
 or set aside by the judgment of the district court, and no appeal has been taken within 
 ten days thereafter, the commission, if any has been issued, is void, and the offica 
 vacant. 
 
ELECTIONS— CONSTITUTIONAL AMENDMENTS 57 
 
 Preparation and Distribution of Statements Concern- 
 ing Proposed Constitutional Amendments 
 
 22C0. Persons designated to prepare statements. Su.bnrritted to secretary of state. 
 Time fixed. Whenever the legislature shall propose any amendment to the consti- 
 tution of this state to be voted upon by the electors of this state, the author of such 
 amendment and one member of the~same house who voted with the majority on the 
 submission of such amendment shall be appointed as a committee of two by the 
 presiding officer of such house, before the adjournment of the legislature, to draft an 
 argument giving the reasons for the adoption of such amendment, which argument 
 shall be not more than five hundred words in length. If the author of such amendment 
 shall desire separate arguments to be written in favor thereof by each member of the 
 committee, such separate arguments shall not be more than five hundred words. At 
 the same time said committee of two is appointed, one member of the same house who 
 voted with the minority against the submission of such amendment, if there was any 
 such minority vote, shall be selected by the presiding officer of such house as a com- 
 mittee of one to write an argument against such amendment, and such argument shall 
 be not more than five hundred words in length. These articles shall be submitted to 
 the secretary of state within ninety days after the adjournment of the legislature, 
 subject to amendment or change by the committee submitting them at any time within 
 one year after such adjournment, such amendment to be substituted by the secretary 
 of state in lieu of the original. In case either the argument for or tne argument 
 against such amendment has not been filed 'by a member of the legislature within one 
 year from the final adjournment thereof, or in case no committee was appointed to 
 write it, any elector may request the presiding officer of the house in which said amend- 
 ment originated for permission to prepare and file an argument for such amendment, 
 and any other elector may request such officer for permission to prepare and file an 
 argument against the same. The presiding officer of such house shall grant such 
 permission; or, if there be more than one elector requesting such permsision, shall 
 designate the person to prepare and file such statement, either for or against such 
 amendment. 
 
 2201. Pamphlets to be distributed. Contents. How arranged. Title and number. 
 The secretary of state shall cause to be printed one and one-fifth times as many 
 pamphlets as there are registered voters in the state. Such pamphlets shall contain a 
 complete copy of all constitutional amendments, a copy of the correspoi^ding con- 
 stitutional provisions as then in force, if any. The parts of the proposed amendments 
 differing from the existing provisions shall therein be distinguished in print, so as to 
 facilitate comparison. All constitutional amendments which are to be submitted to a 
 vote of the people shall be printed in said pamphlets, so far as possible, in the same 
 order, manner, and form in which the same shall be designated upon the ballot, and 
 shall be designated thereon by the respective ballot titles or designations which may 
 be provided therefor. Said ballot titles shall be numbered consecutively and printed 
 on the pamphlets herein referred to immediately preceding the particular question, 
 proposition, measure, or constitutional amendment therein referred to. There shall also 
 be printed on said pamphlets the copy of said ballot title or designation as the same 
 will appear on the ballots when voted on in the order and with the proper number, 
 which ballot title or designation shall be the method by which said constitutional amend- 
 ments shall be designated on the ballots. 
 
 2202. Copies to be furnished county clerks and sent to voters and polling places. 
 
 Not less than thirty days before the election next ensuant at which such amendments 
 are to be voted on, the secretary of state shall duly certify such pamphlet and the 
 matters contained therein, and furnish each county clerk in the state with one and one- 
 fifth times as many copies of such pamphlets as there are registered voters in his 
 county. The clerk of each county shall, not more than twenty-five nor less than fifteen 
 days prior to said election, cause to be mailed to each voter a copy of such pamphlet, 
 and no other publication of such amendments shall be necessary or authorized, except 
 such as are provided by the constitution. Three copies of such pamphlets, to be 
 supplied by the secretary of state, shall be kept at every polling place, while an election 
 is in progress, so that they may be freely consulted by the electors. 
 
58 ELECTIONS— INITIATIVE AND REFERENDUM 
 
 Initiative and Referendum 
 
 2290. Initiation and reference of legislation. Subject to the provisions of this 
 chapter, legal voters of the state of Utah, in such numbers as herein required, may, 
 by joining in a petition for that purpose, filed in the office of the secreiary of state as 
 hereinafter provided, initiate any desired legislation and cause the same to be 
 submitted to the legislature or to a vote of the people for approval or rejection, or 
 may require any law passed by the legislature (except those laws passed by a two- 
 third vote of the members elected to each house of the legislature) to be referred 
 to the voters of the state before such law shall take effect; provided, that in order 
 to make any such petition mandatory, a majority of all the counties of the state must 
 each .furnish signatures of legal voters not less in number than the percentages herein 
 required. 
 
 2291. Petition. Action by legislature. Referendum. Upon the presentation to 
 the secretary of state, at any time not less than ten days before the commencement 
 of any regular session of the legislature, of an initiative petition signed as herein pro- 
 vided by legal voters of the state equal in number to 5 per cent of all the votes cast 
 for all candidates for governor at the last preceding general election at which a governor 
 was elected, the secretary of state shall transmit the same to the legislature as soon 
 as it convenes and organizes. The law proposed by such petition shall either be 
 enacted or rejected without change or amendment by the legislature. If any law 
 proposed by such petition shall be enacted by the legislature it shall be subject to 
 referendum petition in like manner as other laws. If any law so petitioned for be not 
 enacted by the legislature, it shall be submitted to a vote of the people at the next 
 ensuing general election, provided additional signatures to the petition are first 
 obtained to bring the total number of signatures up to 10 per cent of all votes cast 
 for all candidates for governor at the last preceding general election at which a gover- 
 nor was elected. 
 
 2292. Submission by direct petition. Upon the presentation to the secretary of 
 state, at any time not less than four months before any general election, of an initiative 
 petition, signed as herein provided by legal voters equal in number to 10 per cent of 
 all the votes cast for all candidates for governor at the last preceding general election 
 at which a governor was elected, proposing a law set forth in said petition, the secre- 
 tary of state shall submit the said proposed law to a vote of the people at the next 
 enpuing general election. 
 
 2293. Submission of act of legislature. Upon the presentation to the stcretary 
 of state, within sixty days after the final adjournment of the legislature, of a petition 
 signed as herein provided by legal voters equal in number to 10 per cent of all 
 the votes cast for all candidates for governor at the last preceding general election at 
 which a governor was elected, asking that any act, or section or part of any act, of 
 the legislature be submitted to the people for their approval or rejection, the secretary 
 of state shall submit to the people for their approval or rejection such act, or section 
 or part of such act, at the next succeeding general election. 
 
 2294. Legislative acts effective. No act passed by the legislature snali go into 
 effect until sixty days after the final adjournment of the session of tne legislature 
 which passed the act, except laws passed by a two-thirds vote of the members elected 
 to each house of the legislature. When a referendum petition has been filed, the act 
 shall not go into effect unless and until it shall be approved by a vote of the people 
 at the next ensuing general election. 
 
 2295. Elective acts effective. Veto. Amendments. Any act or law submitted to the 
 people by either initiative or referendum petition, and approved by a majority of the 
 votes cast thereon at any election, shall take effect five days after the date of the 
 official proclamation of the vote by the governor. No act or law adop^^ed by the 
 people shall be subject to veto by the governor, but acts and laws approved by the 
 people under the referendum provisions hereof may be amended by the legislature at 
 any subsequent session thereof. 
 
 2296. Procedure. Sponsors. Information. The procedure to be followed in initiat- 
 ing or referring any act or law shall be as follows: 
 
ELECTIONS— INITIATIVE AND REFERENDUM .59 
 
 An application, hereinafter known as the application for "petition copies," having 
 annexed thereto five copies of the proposed law, shall be filed in the office of the 
 secretary of state. The application shall be signed by not fewer than five persons, 
 hereinafter designated as "sponsors^' The sponsors shall sign their names to said 
 application, together with their residences, including the street and number of such 
 residences, if they can be so designated. The sponsors shall be qualified electors of 
 the state of Utah, and shall acknowledge their signatures under oath before some 
 officer competent to administer oaths, who is personally acquainted with them; they 
 shall likewise be required to swear before such officer that they have voted in some 
 general election held within the county in which they reside, within three years next 
 preceding the date of their taking the oath, and such affidavit of electoral qualification 
 must appear on the application containing their signatures, or on a paper annexed 
 thereto. 
 
 It shall be the duty of the secretary of state to inform any person making inquiry 
 in regard thereto of the number of votes cast for governor in the last preceding general 
 election atwhich a governor was elected, as the same appears from the official canvass 
 of such election of record in the office of the secretary of state. 
 
 2297. Signatures. Circulating sheets. Certificates. All the signatures to any 
 petition for the initiative or referendum shall be signed in the office and in the presence 
 of an officer competent to administer oaths, and shall be placed on sheets of paper, 
 known as "circulation sheets," substantially fourteen inches long and nine inches wide. 
 Such circulation sheets shall be ruled. with a horizontal line one and one-half inches 
 from the top thereof. The space above this line shall remain blank and shall be for 
 the purpose of binding. The circulation sheet shall be vertically divided into two 
 columns. The first column shall be three and one-half inches in width, measured from 
 the left edge of the sheet, and shall be for the purpose of containing the signatures. 
 The second column shall encompass the remainder of the width of the sheet, and shall 
 be the space on which shall be placed the postoffice addresses of the signers, together 
 with the street numbers, if the residence of the signer can be so designated, and 
 the address of such signer shall be written opposite his name on the same line. 
 
 At the top of each sheet, under the one and one-half inch blank margin, shall be 
 printed in suitable type the word "Warning," under which shall be printed In eight- 
 point type, single leaded, the following: 
 
 "It is a felony for any one to sign any initiative or referendum petition with any 
 other name than his own, or knowingly to sign his name more than once for the 
 same measure, or to sign such petition when he knows he is not a legal voter." 
 
 Each sheet shall contain under said printing twenty-five horizontal ruled lines, 
 three-eighths of an Inch apart. Upon the back of each sheet shall be printed the 
 following: 
 
 State of Utah, county of ss. 
 
 I of , hereby certify that all the names which appear 
 
 on this sheet were signed by persons who professed to be the persons whose names 
 appear thereon, and each of them signed his name thereto, in my office and in my 
 presence; I believe that each has signed his name, postoffice address, and residence 
 correctly, and that each signer is a legal voter of the state of Utah. 
 
 (Notary public or other official title.) 
 
 It shall be the duty of the secretary of state, upon payment of the fees hereinafter 
 required, to furnish the number^ of circulation sheets requested in the application of 
 the sponsors, and to make them up into sets as hereinafter specified, according to 
 instructions contained in the specifications. 
 
 2298. Form for measures by initiation. The following shall be substantially the 
 form of petition for any measure proposed by the initiative: 
 
60 ELECTIONS— INITIATIVE AND REFERENDUM 
 
 INITIATIVE PETITION. 
 
 To the honorable secretary of state: 
 
 "We, the undersigned citizens and legal voters of the state of Utah, respectfully 
 demand that the following proposed law (here follows proposed law), shall be sub- 
 mitted to the legal voters (or legislature) of the state of Utah, for their (or its) 
 approval or rejection at the regular election to be held, (or session commencing), on 
 the day of 19 „., and each for himself says: I have person- 
 ally signed this petition; I am a legal voter of the state of Utah; my residence and 
 postoffice address are correctly written after my name. 
 
 2299. Form for referendum. The following shall be substantially the form of 
 petition for the referendum to the electors of any act passed by the legislature of 
 the state of Utah: 
 
 PETITION FOR REFERENDUM. 
 
 To the honorable - -, secretary of state: 
 
 We, the undersigned citizens and legal voters of the state of Utah, respectively 
 
 order that senate (or house) bill No , entitled (title of act, and if the petition 
 
 is against less than the whole act, then set forth here the part or parts on which the 
 
 referendum is sought), passed by the session of the legislature of the state 
 
 of Utah, be referred to the people of the state of Utah, for their approval or rejection, 
 
 at the regular election to be held on the day of , 19 , and each for 
 
 himself says: I have personally signed this petition; I am a legal voter of the state 
 of Utah; my residence and postoffice address are correctly written after my name. 
 
 2300. Printing petition. Upon payment of the fees, as hereinafter specified, the 
 secretary of state shall cause to be printed copies of the form of petition above set 
 nut. properly completed by inclusion of the matter required, sufficient in number to 
 fulfill the requirement of the sponsors, as designated by their application for petition 
 copies - 
 
 In arriving at the number of circulation sheets and petition copies which they may 
 require, the sponsors shall specially take into consideration the provisions of § 2301. 
 
 2301. Circulation sheets. The petition, for purpose of circulation, may be divided 
 into sections, each section to contain not more than fifty circulation sheets. No 
 section, however, shall be circulated for signatures, unless it has attached to the 
 front sheet thereof a certified petition copy, as described in § 2300. The sponsors shall 
 set out in their application for petition copies the number of sections into which each 
 petition is to be divided for circulation, and the number of circulation sheets which 
 it is desired that each section shall contain, it being expressly understood that there 
 need be no uniformity as to the number of circulation sheets contained in the sections. 
 The secretary of state shall make up the sections as specified, attaching to the front 
 of eaqh section a petition copy as above described, and he shall securely bind together 
 the sheets of each section at the top thereof in such a way that the sections may be 
 conveniently opened for signing. The secretary of state shall number each section and 
 keep a record of the numbers of all these sections delivered to the sponsors. 
 
 2302. Fees. Bids. Duties of secretary of state. Upon filing the application for 
 petition copies, the sponsors shall pay a fee of $10, for all services to be performed 
 in connection with said petition. The secretary of state shall determine from said 
 application (or if unable to determine therefrom, shall notify the sponsors of such in- 
 
ELECTIONS— INITIA TIVE AND REFERENDUM 6i 
 
 ability, whereupon said sponsors shall, by supplementary application, distinctly set out 
 their instructions as to the same) the number of petition sections desired, and the 
 number of circulation sheets required for each section. He shall forthwith, upon such 
 determination, which determination shall be made within three days after the filing 
 of the application, solicit, from not less than three competent printers, bids for the 
 printing of the required number of petition copies, together with the certificate of the 
 secretary of state that the law contained thereon is a full, true, and correct copy of the 
 law as proposed by the sponsors for initiation, or the true and correct number and 
 title of the law as proposed for referendum. The body of said petition shall be printed 
 in six-point type, single leaded. The requisition for bids shall so specify. Within 
 ten days after the filing of the application for the petition copies and circulation 
 sheets, the secretary of state shall notify one or more of the sponsors of the lowest 
 and best bid received from the requisitions made, and the secretary of state shall 
 require the payment of said price into his office before he shall proceed with the peti- 
 tion. The secretary of state shall also require the payment of 50 cents per hundred for 
 all circulation sheets furnished to the sponsors. Upon payment of these amounts, the 
 secretary of state shall order, from the printer submitting the said lowest and best 
 bid, the required number of petition copies, containing his certificate thereon as above 
 specified. The secretary of state shall, within ten days after the payment of the 
 amounts above specified, make up into sections said petition copies and circulation 
 sheets, as above provided. 
 
 2303. Signatures by electors. Every person who is a qualified elector of the 
 state of Utah may sign a petition for the referendum or for the initiation of any 
 measure upon which he is legally entitled to vote. Any person signing any name 
 other than his own to any petition, or knowingly signing his name more than once 
 for the same measure at one election, or who is not at the time of signing the same 
 a legal voter of this state, or any officer or person knowingly and wilfully violating 
 any provision of this chapter, shall, upon conviction thereof, be punished by a fine not 
 exceeding $500, or by imprisonment in the state prison not exceeding two years, or 
 by both fine and imprisonment in the discretion of the court before which such a 
 conviction shall be had. 
 
 2304. Verification of petitions. Each and every sheet of the petition containing 
 signatures shall be verified on the back thereof, as prescribed in the blank cerification 
 printed thereon, by the officer in whose presence the sheets were signed. The forms 
 prescribed in this chapter are not mandatory, and if substantially followed, the petition 
 shall be sufficient, disregarding clerical and merely technical errors. 
 
 2305. Cliecks by county clerks and secretary of state. Recounts, Additional sheets. 
 Mandamus and injunction. Each section of the initiative or referendum petition, 
 when signed and verified as herein provided, shall be delivered to the county clerk 
 of the county in which such section was circulated, and the county clerk shall check 
 the signatures against the official registration lists of his county, and shall indicate 
 thereon whether or not each signature is that of a duly registered voter. The county 
 clerk shall then transmit all the sections to the secretary of state, who shall check off 
 from his record, as they are filed, the number of the sections of the petition so filed. 
 After such petition is filed, the secretary of state shall forthwith cause the number of 
 verified names appearing on each verified circulation sheet to be counted, and if the 
 number of names so counted equals or exceeds the number of names required by the 
 provisions of this chapter, the secretary of state shall mark upon the front of said 
 petition the word "sufficient." If the names properly signed and verified do not equal 
 or exceed the number required by • the provisions of this chapter, the secretary of 
 state shall mark on the front thereof the word "insufficient." The secretary of state 
 shall forthwith notify any one of the sponsors of his finding. In case his finding is 
 "insufficient," said sponsors, or any of them, may demand in writing a recount of the 
 names appearing on said petition in the presence of said sponsors or any of them. If 
 the petition is found insufficient through lack of signers, the sponsors may, by paying 
 the costs thereof, demand as many additional circulation sheets as they may deem 
 necessary, and the secretary of state shall bind these new sheets, to whatever sections 
 of said petition said sponsor or sponsors may designate, and he hall allow said sponsors 
 to withdraw said section or sections for purposes of recirculation, and the secretary 
 of state shall keep a record of the numbers of all of said sections so withdrawn. If the 
 secretary of state shall refuse to accept and file any petition for the initiative or for 
 the referendum, any citizen may apply, within ten days after such refusal, to the supreme 
 court for a writ of mandamus to compel him to do so. If it shall be decided by the 
 court that such petition is legally sufficient, the secretary of state shall then file it, 
 with a certified copy of the judgment attached thereto, as of the date on which it was 
 originally offered for filing in his office. On a showing that any petition filed is not 
 
62 ELECTIONS— INITIATIVE AND REFERENDUM 
 
 legally sufficient, the court may enjoin the secretary of state and all other officers 
 from certifying or printing on the official ballot for the ensuing election, the ballot 
 title and numbers of such measures. 
 
 2306. Ballot title. Appeal from attorney-general. Procedure. When the petition 
 shall, by the secretary of state, be declared to be sufficient, he shall forthwith transmit 
 to the attorney-general of the state of Utah a copy of the law so proposed for initiation 
 or referendum, and within ten days thereafter the attorney-general shall provide and 
 return to the secretary of state a ballot title for said measure. The ballot title may be 
 distinct from the legislative title of the measure, and shall express, in not exceeding one 
 hundred words, the purpose of the measure. The ballot title shall be printed with 
 the number of the measure on the official ballot. In making such ballot title, the 
 attorney-general shall, to the best of his ability, give a true and impartial statement of 
 the purpose of the measure, and in such language that the ballot title shall not be 
 intentionally an argument, or likely to create prejudice, either for or against the measure. 
 A copy of every ballot title, upon being filed by the attor9ey-general with the secretary 
 of state, shall, by the secretary of state, forthwith be served upon any of the sponsors, 
 and such service may be by mail or telegraph. And if the ballot title so furnished 
 by the attorney-general is unsatisfactory, or does not comply with the requirements 
 of this section, upon motion of at least three of the sponsors an appeal may be taken 
 from the decision of the attorney-general to the supreme court of the state. Said 
 supreme court shall thereupon examine such measures, hear arguments, and in its 
 decision thereon shall certify to the secretary of state a ballot title for the measure 
 in accord with the intent of this section. The secretary of state shall have the title 
 thus certified to him printed on the official ballot; provided, that nothing in this 
 chapter shall be construed to require the secretary of state to have the title of any 
 supposed law for initiation or the number of any measure for referendum printed on 
 said official ballot, for which a sufficient petition, as herein provided, shall not have 
 been filed in his office, at least thirty days before any general election at which said 
 proposed measure is to be submitted. 
 
 2307. Publicity pamphlet. Whenever an act or law is submitted to the people 
 by either initiative or referendum petition, the secretary of state shall, not later than 
 ninety days before the election at which such act or law is to be voted upon, prepare 
 a "publicity pamphlet," which shall contain the following: 
 
 1. A true copy of the title and text of each measure to be voted upon at such 
 election; 
 
 2. A copy of the number and ballot title of each question as it will appear upon 
 the official ballot; 
 
 3. Arguments of equal length, which shall be limited by the secretary of state to 
 not less than five hundred words and not to exceed two thousand words for and against 
 each such measure by the proponents and opponents thereof. The actual cost of 
 inserting and printing such arguments shall be paid by the persons presenting the 
 same. 
 
 The secretary of state shall cause to be printed one and one-half times as many 
 copies of such pamphlet as there are registered voters in the state, and at least sixty 
 days before the election at which such measures are to be voted upon he shall furnish 
 each county clerk in the state with one and one-half times as many copies of such 
 pamphlet as there are registered yoters in his county. The county clerk shall there- 
 after, but at least thirty days before the election, cause a copy of such pamphlet to 
 be mailed to each registered voter in his county, but the expense of mailing, including 
 postage, shall be paid by the state. 
 
 2308. Manner of voting. The manner of voting upon measures submitted to the 
 people shall be as follows: 
 
 The number and ballot title as herein provided for shall be printed upon the 
 official ballot, immediately to the right of which shall be printed the words, "for" and 
 "against,C' each followed by a square in which the elector may place a cross to indicate 
 his vote. Each elector desiring to vote "for" shall place a cross within the square 
 following the word "for," and those desiring to vote "against" shall place a cross within 
 the square following the word "against." 
 
 2309. Return and canvass of votes. Proclamations. Conflicting measures. Deci- 
 sion by supreme court. The votes on measures and questions submitted to the people 
 of the state shall be counted, canvassed, and returned by the regular boards of judges, 
 clerks, and officers, as votes for candidates are counted, canvassed, and returned, and 
 
ELECTIONS— INITIATIVE AND REFERENDUM ^^ 
 
 the abstract made by the several clerks of votes on measures shall be returned to the 
 secretary of state in the manner provided by § 2245, for abstracts of votes for state 
 officers. It shall be the duty of the secretary of state, in the presence of the governor, 
 to proceed within thirty days after the election, and sooner if the returns be all 
 received, to canvass the votes given for each measure; and the governor shall forthwith 
 issue his proclamation, giving the whole number of votes cast in the state for and 
 against each measure and question, and declaring such measures as are approved by the 
 greatest number of affirmative votes, providing such number be a majority of those 
 voting thereon, to be in full force and effect as the law of the state of Utah. When 
 the governor is of the opinion that two measures or the parts of two measures, 
 approved by the people at the same election, are entirely in conflict and opposed, he 
 shall proclaim that measure to be law which has received the greatest number of 
 affirmative votes, regardless of the difference in the majorities which those measures 
 have received. "With in ten days after such proclamation, any qualified voter who 
 shall have signed the petition to submit the measure which is declared by the governor 
 to be superseded by another measure approved at the same elction, may appeal by 
 petition to the supreme court, which shall forthwith consider the matter and decide 
 whether or not such measures are in conflict, and shall certify its decision, within 
 ten days after the matter is submitted to it for decision, to the governor. The 
 governor shall, within thirty days after his previous proclamation, proclaim all those 
 measures approved by the people as law which the supreme court has decided not 
 to be in conflict, and of all those which the supreme court shall have decided to be 
 in conflict, he shall proclaim the one which has received tha greatest number of 
 affirmative votes, regardless of difference in majorities, as law. 
 
 2310. Powers of voters in towns and cities. Subject to the provisions of this 
 chapter, legal voters of any city or town, in such numbers as herein required, may 
 initiate any desired legislation and cause the same to be submitted to the law-making 
 body or to a vote of the people of said city or town for approval or rejection, or may 
 require any law or ordinance passed by the law-making body of said city or town to 
 be submitted to the voters thereof before such law or ordinance shall take effect. 
 
 2311. Requirements of petitions in cities and towns. All initiative and referendum 
 petitions in cities and towns, to be mandatory, must be signed by legal voters of such 
 city or town equal in number to the percentages herein required of ail the votes cast 
 in such city or town, for all candidates for governor at the last preceding election at 
 which a governor was elected, namely: 
 
 If the total number of votes exceeds 10,000, the petition shall be signed by 10 
 per cent. 
 
 If the total number of votes is less than 10,000, but more than 2500, the petition 
 shall be signed by 12^/^ per cent. 
 
 If the total number of votes is less than 2500, but more than 500, the petition shall 
 be signed by 15 per cent. 
 
 If the total number of votes is less than 500, but more than 250, the petition shall 
 be signed by 20 per cent. 
 
 If the total number of votes is less than 250, the petition shall be signed by 30 
 per cent. 
 
 2312. Procedure. In all cities and towns the manner of exercising the initiative 
 and referendum powers reserved by the constitution to the people thereof shall be 
 similar to the procedure herein prescribed for the state initiative and referendum, 
 and the duties required of the secretary of state by this chapter as to state legislation 
 shall be performed as to such municipal legislation by the city or town auditor, clerk, 
 or recorder, as the case may be; the duties required of the governor shall be performed 
 by the mayor; and the duties required of the attorney-general shall be performed by 
 the city or town attorney. The provisions of this chapter shall apply in every city and 
 town in all matters concerning the operation of the initiative and referendum in its 
 municipal legislation. The printing and binding of the "publicity pamphlet" shall be 
 paid for by the city or town; distribution of said pamphlets shall be made to every 
 voter in the city or town, so far as possible, by the city clerk, auditor, or recorder, as 
 the case may be, either by mail or carrier, not less than eight days before the election 
 at which the measures are to be voted upon. Arguments supporting municipal meas- 
 ures shall be filed with the city clerk, auditor, or recorder not less than thirty days 
 before the election at which they are to be voted upon; opposing arguments shall be 
 filed not less than twenty days before said election. It is intended to make the 
 procedure in municipal legislation as nearly as practicable the same as the initiative 
 and referendum procedure for measures relating to the people of the state at large. 
 
64 ELECTIONS— INITIATIVE AND REFERENDUM 
 
 2313. Measures effective. Emergency. Referendum petitions against any ordinance, 
 franchise, or resolution passed by a city commission or council shall be filed with the 
 city clerk, auditor, or recorder, as the case may be, within thirty days after tne 
 passage of such ordinance, resolution, or franchise. No city ordinance, resolution, or 
 franchise shall take effect and become operative until thirty days after its passage by 
 the city commission or council, and approved by the mayor, unless the same shall be 
 passed over his veto, and in that case it shall not take effect and become operative 
 until thirty days after such final passage, except measures necessary for the Immediate 
 preservation of the peace, health, or safety of the city; and no such emergency measure 
 shall become immediately operative unless it shall state in a separate section the 
 reasons why it is necessary that it should become immediately operative, and shall 
 be approved by the affirmative vote of three-fourths of all the members elected to the • 
 city commission or council, taken by ayes and noes, and also approved by the mayor. 
 
 2314. Initiative and referendum measures in cities. If any ordinance, charter, or 
 amendment to the charter of any city shall be proposed by initiative petition, said 
 petition shall be filed with the city clerk, auditor, or recorder, as the case may be, 
 and he shall transmit it to the next session of the city commission or council. The 
 city commission or council shall either ordain or reject the same;, as proposed, within 
 thirty days thereafter, and if the commission or council shall reject said proposed 
 ordinance or amendment, or shall take no action thereon, then the city clerk, auditor, 
 or recorder, as the case may be, shall submit the same to the voters of the city or 
 town at the next ensuing election held therein not less than ninety days after the 
 same was first presented to the city commission or council. The commission or council 
 may ordain said ordinance or amendment and refer it to the people, or it may ordain 
 such ordinance without referring it to the people, and in that case it shall be subject 
 to referendum petition in like manner as other ordinances; if the commission or 
 council shall reject said ordinance or amendment, or take no action thereon, it may 
 ordain a competing ordinance or amendment, which shall be submitted by the city 
 clerk, auditor, or recorder, as the case may be, to the people of the said city or town 
 at the same election at which said initiative proposal is submitted. Such competing 
 ordinance or amendment, if any, shall be prepared by the commission or council and 
 ordained within thirty days allowed for it§ action on the measure proposed by initiative 
 petition. The mayor shall not have power to veto either of such measures. If con- 
 flicting ordinances or charter amendments shall be submitted to the people at the 
 same election, and two or more of such conflicting measures shall be approved by the 
 people, then the measure which shall have received the greatest number of affirmative 
 votes shall be paramount in all particulars as to which there is confiict, even though 
 such measure may not have received the greatest majority. Amendments to any city 
 charter may be proposed and submitted to the people by the city commission or 
 council, with or without an initiative petition, but the same shall be filed with the 
 city clerk for submission not less than sixty days before the election at which they 
 are to be voted upon, and no amendment of a city charter shall be effective until it is 
 approved by a majority of the votes cast thereon by the people of the city or town to 
 which it applies. The city commission or council may by ordinance order special 
 elections to vote on municipal measures. 
 
ELECTIONS— LEGISLATIVE APPORTIONMENT DISTRICTS 65 
 
 Legislative Apportionment Districts 
 
 CHAPTER 74, LAWS OF UTAH, 1921. 
 
 An Act to designate the senatorial and representative districts of the state of Utah for 
 the purposes of representation in the state legislature, fixing the boundaries of 
 said districts and the number of senators and representatives to be elected from 
 each such district. 
 
 Be it enacted by the legislature of the state of Utah: 
 
 Section 1. Apportionment of state senators. Representation in the senate of the 
 ptate of Utah shall be on a basis of one senator for each twenty-five thousand inhabitants 
 or major fraction thereof residing within such senatorial district, providing that each 
 senatorial district shall be entitled to at least one senator. Until otherwise provided 
 by law, the number, boundaries and senatorial representation from such districts shall 
 be as follows: 
 
 First district. Box Elder county, one senator. 
 
 Second district. Cache county, one senator. 
 
 Third district. Rich, Morgan, Summit, Wasatch and Dagget counties, one senator. 
 
 Fourth district, Weber county, two senators. 
 
 Fifth district, Duchesne and . Uintah counties, one senator. 
 
 Sixth district, Salt Lake county, six senators. 
 
 Seventh district, Utah county, two senators. 
 
 Eighth district, Juab and Millard counties, one senator. 
 
 Ninth district, Sanpete county, one senator. 
 
 Tenth district, Sevier, Wayne, Piute, Garfield and Kane counties, one senator. 
 
 Eleventh district, Beaver, Iron and Washington counties, one senator. 
 
 Twelfth district, Emery, Carbon, Grand and San Juan counties, one senator. 
 
 Thirteenth district, Davis and Tooele counties, one senator. 
 
 Sec. 2. Apportionment of state representatives. Representation in the house of 
 representatives of the state of Utah shall be on the basis of ona representative to 
 each ten thousand inhabitants or major fraction thereof residing within such repre- 
 sentative district, providing that each county shall be entitled to at least one repre- 
 sentative. Whenever a new county shall be formed, such new county shall be entitled 
 to one representative, providing that the organization of such county shall nave been 
 completed at least sixty days prior to the general election at which such representatives 
 are elected. Until otherwise provided by act of the legislature, the number, boundaries 
 and representation of such representatives districts shall be as follows: 
 
 First district. Box Elder county, two representatives. 
 
 Second district. Cache county, three representatives. 
 
 Third district. Rich county, one representative. , 
 
 Fourth district, Weber county, four representatives. 
 
 Fifth district, Morgan county, one representative. 
 
 Sixth district, Davis county, one representative. 
 
66 ELECTIONS— LEGISLATIVE APPORTIONMENT DISTRICTS 
 
 Seventh district, Tooele county, one representative. 
 Eighth district, Salt Lake county, sixteen representatives. 
 Ninth district. Summit county, one representative. 
 Tenth district, "Wasatch county, one representative. 
 Eleventh district, Utah county, four representatives. 
 Twelfth district, Uintah county, one representative. 
 Thirteenth district, Juab county, one representative. 
 Fourteenth district, Sanpete county, two representatives. 
 Fifteenth district, Carbon county, two representatives. 
 Sixteenth district, Emery county, one representative. 
 Seventeenth district. Grand county, one representative. 
 Eighteenth district, Sevier county, one representative. 
 Nineteenth district, Millard county, one representative. 
 Twentieth district, Beaver county, one representative. 
 Twenty-first district, Piute county, one representative. 
 Twenty-second district, Wayne county, one representative. 
 Twenty-third district, Garfield county, one representative. 
 Twenty-fourth district. Iron county, one representative. 
 Twenty-fifth district, Washington county, one representative. 
 Twenty-sixth district, Kane county, one representative. 
 Twenty-seventh district, San Juan county, one representative. 
 Twenty-eighth district, Duchesne county, one representative. 
 Twenty-ninth district, Daggett county, one representative. 
 
 Sec. 3. Senator for third district to continue as from thirteenth district. Election 
 In third district. The senator elected in the third senatorial district at the election 
 in 1920 shall continue in office during tlie term for which' he was elected as the 
 senator for the thirteenth senatorial district, and the electors of the third senatorial 
 district shall at the general election to be held in the year 1922 elect a senator. 
 
 Approved March 17, 1921. 
 
Gaylamount 
 
 Pamphlet 
 
 Binder 
 
 Clayiord Bros., Inc. 
 
 Stockton, Calif. 
 
 T. M. Reg. U.S. Pat. Off. 
 
 ivil51226 
 
 
 I 
 
 THE UNIVERSITY OF CALIFORNIA LIBRARY 
 
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