GIFT OF . \4. ,x/<5> 327-308-5M. THE TERRELL ELECTION LAW. EMBRACING ALL AMENDMENTS TO DATE. W. R. DAVIE, Secretary of State. 1908.; ::,'-.:;; AUSTIN, TEXAS: VON BOKCKMANN JONES CO., PRINTERS. THE TERRELL ELECTION LAW. ELECTIONS-MANNER OF HOLDING AND MAKIN.G RETURNS. SUFFRAGE. SUCTION 1. The following classes of persons shall not he allowed to vote in this State: First, persons under twenty-one years of age; second, idiots and lunatics; third, all paupers supported hy the county; fourth, all persons con- victed of any felony, except those restored to full citizenship and right of suf- frage, or pardoned; fifth, all soldiers, marines and seamen employed in the service of the army or navy of the United States. SEC. 2. Every male person subject to none of the foregoing disqualifications who shall have attained the age of twenty-one years, and who shall be a citizen of the United States, and Avho shall have resided in this State one year next preceding an election and the last six months within the district or county in which he offers to vote, shall be deemed a qualified elector; and every male person of foreign birth,, subject to none of the foregoing disqualifications, who has not less than six months before an election in which he offers to vote declared his intention to become a citizen of the United States, in accordance with the Federal naturalization laws, and shall have resided in this State one year next preceding such election and the last six months in the county in which he offers to vote shall also be deemed a qualified voter; and all electors shall vote in the voting precinct of their residence; provided, that the electors living in an unorganized county may vote at an election precinct in the county to which such county is attached for judicial purposes; and provided further, that any voter who is subject to pay his poll tax under the laws of the State of Texas or ordinances of any city or town in this State shall have paid said tax before he offers to vote at any election in this State, and hold a re- ceipt showing the payment of his poll tax before the first day of February next preceding such election; if he is exempt from paying a poll tax and resides in a city of ten thousand inhabitants or more he must procure a certificate showing his exemption, as required by this act. Or if such voter shall have lost or mis- placed said tax receipt he shall be entitled to vote upon making affidavit before any officer authorized to administer oaths that such tax was actually paid by him before said first day of February next preceding such election at which he offers to vote and that said receipt has been lost. Such affidavit shall be made in writing and left with the judge of the election. Provided, that in any election held only in a subdivision of a county for the purpose of determining any local question or proposition affecting only such subdivision of the county, then in addition to the foregoing qualifications the voter must have resided in said subdivision of the county for six months next preceding such election. SEC. 3. All qualified electors of this State, as described in the foregoing sections, who shall have resided for six months immediately preceding an elec- tion within the limits of any city or incorporated town, shall have a right to vote for mayor and all other elective officers, but in all elections to determine the expenditure of money or assumption of debt, or issuance of bonds, only those shall be qualified to vote who pay taxes on property in such city or in- corporated town ; provided, that no poll tax for the payment of debts thus incurred shall be levied upon the person debarred from voting in relation thereto. SEC. 4. The residence of a single man is where he usually sleeps at night; that of a married man is where his wife resides, or if he be permanently sep- uated from his wife, his residence is where he sleeps at night; provided, that the residence of one who is an inmate or officer of a public asylum or eleemosv- 257179 4 nary institute, or who is employed as a clerk in one of the departments of government at the capital of this State, or who is a student of a college or university, unless such officer, clerk, inmate or student has become a bona fide resident citizen in the county where he is employed, or if such student, shall be construed to be where his home was before he became such inmate or officer in such eleemosynary institute or asylum, or was employed as such clerk or became such student: and if on payment of his poll tax he would be a qualified voter he shall be permitted to return during the month of January in each year to his home to pay his poll tax or obtain his certificate of exemption, and shall be permitted to return again to his home to vote at any general or pri- mary election. The inmates of the Confederate Home situate within the limits of the city of Austin shall after obtaining their certificates of exemption l>r entitled to vote for State, district, municipal and county officers. SEC. 5. In all elections by the people the vote shall be by official ballot, which shall be numbered and elections so guarded and conducted as to detect fraud and preserve the purity of the ballot. Xo registration in cities with a population of ten thousand or more shall be hereafter required as a quali- fication to vote, but all the provisions of this act which prescribes qualifi- cations for voting and which regulate the holding of elections shall apply to elections in cities. SEC. 6. Every male person who is more than sixty years old or who is blind or deaf and dumb, or is permanently disabled, or has lost one hand or foot, shall be entitled to vote without being required to pay a poll tax, if he has obtained his certificate of exemption from the county collector when the same is required by the provisions of this act. ELECTION PRECINCTS. SEC. 7. The county commissioners' court of each county shall at a term of their court to be held in August, 1905, if it is necessary to comply with the succeeding provisions of this act, and may, if they deem it proper at each August term of the court that is held thereafter^ divide their respective countie- and counties attached thereto for judicial purposes, into convenient election precincts, each of which shall be differently numbered and described by natural or artificial boundaries or survey lines by an order to be entered upon the minutes of the court. They shall immediately thereafter publish such order in some newspaper in the county for three consecutive weeks; if there be no newspaper in the county, then such sopy of such order shall be posted in some public place in each precinct in the county. Xo election precinct shall be formed out of two or more justice precincts nor out of the parts of two or more justice precincts. SEC. 8. The county commissioners' court in establishing new election pre- cincts shall divide any city or town into as many election precincts as they see proper, none of which shall have resident therein more than three hundreu and fifty voters, as ascertained by the vote of the last preceding general city or town election. Every ward in every incorporated city, town or village shall constitute an election precinct, unless there shall have been cast in the said ward at the last general city or town election held therein more than three hundred and fifty votes. Towns and villages incorporated in accordance with Chapter 2, Title' XVIII. of the Revised Civil Statutes of 1895, and cities and towns incorporated under Chapter 1. Title XVI 11, Revised Statutes of 1895. shall not necessarily constitute election precincts and no precinct shall be made out of parts of two" wards. Provided, that this section shall not apply to cities, towns and villages of less than ten thousand inhabitants, and in such cities, towns and villages the justice precincts in which said cities, towns and villages are situated may be divided into election precincts without regard to the wards of such cities, t<-wns and villages and without reference to the number of votes to be cast. SEC. 9. In towns or cities incorporated under the general laws for city or town elections, the city council may provide that there shall be one or more polling places, and in such ease the certified list of poll tax paying voters for all election precincts in which voters reside who are to vote at any such polling place shall be used therefor. SEC. 10. The rountv coinmi*>ionor<* court shall cause to be made out im; 5 delivered to tin- county collector of taxes before ilic iir-,1 day of September. A. D. l!Wf>, and annually thereafter, a certified copy of the Last order fixing the limits and designating the number or name of each precinct for the year following. SEC. 11. Precinct judges for all general elections shall be served with copies of the order of the county commissioners' court, properly certified to by the clerk of the said court, designating the number, name and bounds" of the election precinct and of their appointment as judges. Such service shall be made by the sheriff or a constable within ten days after the entry of such order and return shall he made thereof on a copy showing when, where and ho\v he executed the same. POLL TAX i:K( KIPTS AM) CKKTI FU ' ATKS OF EXEMPTION. SEC. 12. The poll tax required by the Constitution and laws in force shall be collected from every male person between the ages of twenty-one and sixty, who resided in this State on the first day of January preceding its levy; Indians not taxed; persons insane, blind, deaf or dumb and those who have lost a hand or foot or permanently disabled excepted; which tax shall be collected and accounted for by the tax collector each year and appropriated as required by law. It shall be paid at any time between the first day of October and the first day of February following, and the person when he pays it shall be entitled to his poll tax receipt, even if his other taxes are unpaid. SEC. 13. The poll tax due from citizens of unorganized counties shall be paid in the county to which the unorganized county is attached for judicial purposes. SEC. 14. The commissioners' court of each county shall, before the first day of October every year, furnish to the county tax collector a blank book for each voting precinct, which shall be marked with the name and number of tha- precinct for which it is intended. Each book shall contain a sufficient number of blank poll tax receipts for each voting precinct not in a city of ten thousand inhabitants or more and not exceeding three hundred and fifty blank poll tax receipts and certificates of exemptions for each precinct in a city of ten thousand inhabitants or more, of which not more than sixty shall be certificates of exemptions, and a greater or less number of each in the same proportion when sufficient for the voters of the precinct. Each receipt and certificate shall in each such book be bound immediately over a duplicate copy thereof, which duplicate copy when filled out shall correspond with the receipt or certificate in its number, the name, length of residence in the State or county, the voting precinct, race, occupation and postoffice address of the citizen to whom the tax receipt or certificate of exemption is given. If the voting is in a city, the receipt or certificate and duplicate must show the ward, street and number, if num- bered, of the citizen's residence (in lieu of postoffice address), and the length of time he lias resided in such city. The receipts and certificates shall be num- bered in consecutive order. Similar blank books of poll tax receipts shall be furnished to each unorganized county attached to such county for judicial purposes, except that the voting precinct need not appear therein. When the tax receipt or certificate is delivered to the citizen it shall be detached from the book and retained by him for his future use and identification in voting. SEC. 15. Before the first day of April every year the county collector of taxes shall deliver to the board that is charged with the duty of furnishing election supplies separate certified lists of the citizens in each precinct who have paid their poll tax or received their certificates of exemption, the imme- heing arranged m alphabetical order and to each name its appropriate number, as shown by the duplicates retained in his office, with a description of the voter as to his residence, his voting precinct, length of his residence in the State and county, his race, occupation and postoffice address if not in a city of more than ten thousand inhabitants. If the county has any unorganized county or coun- ties attached to it for judicial purposes, the collector of taxes shall also deliver to said board before the first day of April of each year, as many certified lists of the electors resident in such unorganized county or counties who have pai ! their poll tax or received the certificate of exemption as there are election pre- cincts in his county, which lists shall be identical with those of poll tax payer*- in his own county, except that the voting precinct shall not be stated. The- tax collector of any county containing a town or city of more than ten thousand inhabitants shall also furnish to said board, not less than four days prior to any primary or general election, supplemental lists in the form herein pre- scribed, of all poll tax paying voters who have since paying their poll tax removed to each voting precinct in each such city or town in the county from another county or in another precinct in the same county. Said board shall furnish each presiding judge of a precinct the certified list and supplemental list of- the voters of his precinct at the time when he furnishes other election supplies. Such certified lists of qualified voters shall be in the following form: VOTERS IX ELECTION PRECINCTS. No Name Precinct Age Length of residence in State Length of residence in county Occupation Race Length of residence in city and ward Street and No. of residence Pustoffice address . SEC. 16. Each poll tax receipt and its duplicate shall show the name of the party for whom it was issued, the payment of the tax, age. his race, the length of time he has resided in the State, the length of time he has resided in the county, the voting precinct in which he lives, except when he lives in an un- organized county, his occupation, his postoffice address, or if he lives in an incorporated city, ward, street and number of his residence,, if numbered, and the length of time he has resided in such city or town. If the owner does not reside in a city of ten thousand inhabitants or more his poll tax must either be paid by him in person or by some one duly authorized by him in writing to pay the same and to furnish the collector the information necessary to fill out the blanks in the poll tax receipt. Such authority and information must be signed by the party who owes the poll tax and must be deposited with the tax collector and filed and preserved by him. But in no event shall any candidate for office pay the poll tax for another. In all cases where the taxpayer resides in a city of ten thousand inhabitants or more the tax must be paid in person by the taxpayer entitled to the receipt, except as provided by this act, and when in cases permitted by this act the tax is paid by an agent the tax receipt shall not be delivered to such agent, but shall be sent by mail to the taxpayer or kept and delivered to him in person by the tax collector; provided, that no person shall for or on behalf of any candidate for office or person interested in any question to fee voted on, pay the poll tax for another, provided, any person w r ho has bought the property of another, which property is legally bound for the payment of any poll tax may pay the poll tax of such former owner, but the collector in such case shall 'not issue a poll tax receipt authorizing any person to vote, but shall give the party paying the same an ordinary memoran- dum receipt therefor, but such memorandum receipts shall not state either thf> race, occupation or residence of the taxpayer. SEC. 17. In all counties containing a city of ten thousand inhabitants or more, other than the county seat of such county, it shall be the duty of such collector to have a duly authorized and sworn deputy to represent him for tin; purpose of accepting poll taxes and giving receipts therefor, who shall keep his office for such purpose at some convenient place in such* city during th entire month of January of each year and he shall publish four weeks notice of the authority of such deputy and the location of the office. SEC. 18. The poll tax receipt shall be in the following form and numbered consecutively in each book provided for in this act : Poll Tax Receipt. No State of Texas, County of Received of on the day o r A. D. 190 , the sum of dollars, in payment of poll tax for the year A. D. 190. . . . The said taxpayer being duly sworn by me, says that he is years old; that he resides in voting precinct No in county; that his race is ; that he has resided in Texas years, and in county years ; that ho is by occupation ; that his postoffice address is (If in an incorporated city or town, a blank must be provided for the ward, street and number of residence in lieu of his postoffice address, and length of time he has resided in such city or town.) All of which I certify. ( Seal ) ( Signed ) Tax Collector County, Texas. SEC. 19. Every person who is exempted by law from the payment of a poll tax and who is in other respects a qualified voter, who resides in a city of ten thousand inhabitants or more, shall after the first day of October, and before the first day of February following, before he offers to vote, obtain from the tax collector of the county of his residence a certificate showing his exemption from the payment of a poll tax. Such exempt person shall on oath state his name, county of his residence, occupation, race, age, the length of time he has resided in Texas, the length of time he has resided in the county and the length of time he has resided in the city, and the ward and voting precinct in which his residence is located, the street and number of his 'residence, if numbered He shall also state the grounds on which he claims exemption from the pay- ment of a poll tax. Such certificate shall be detached from said book leaving thereunder a duplicate carbon or other copy thereof, which shall contain the same description, and the original shall be delivered, bearing its proper number, to the citizen in person to identify him in voting. Certificates of exemption for each precinct shall be numbered consecutively, beginning at one. They ahall be in the following form: Certificate of Exemption from Poll Tax. No State of Texas. County of I, tax collector for said county, Texas, do hereby certify that personally appeared before me on the. . day of A. D , and being sworn, said his name is ; that his race is ; that he is years old; that his occupation is. ; that he has resided in Texas for years ; in the county of for years, and in the city of for years ; that he now resides in precinct No 3 in ward No ; and on street, and in house No (if numbered) : that he is exempt from the payment of the poll tax by reason of and that he is a qualified voter under the Constitution and laws of Texas. (Seal) (Signed) Tax Collector County, Texas. SEC. 20. Whenever the county collector shall have reason to believe that a citizen who has paid his poll tax or received a certificate of exemption has sworn falsely to obtain the same, he shall report the facts upon which such belief is founded to the next grand jury organized in the county. SEC. 21. If a citizen in a city of ten thousand inhabitants after receiving his poll tax receipt or certificate of exemption removes to another ward in the same city before the next election he may vote at any general election in the ward of his new residence by presenting his poll tax receipt or certificate of exemption to the precinct election judges or by making affidavit that it has been lost or misplaced, which affidavit shall be left with the judges and be forwarded with the election returns. But in all such cases if the removal was to the ward of his new residence in the same city before the certified list of voters was delivered to the precinct judges he shall appear before the collector of taxes not less than five days before such election or primary election, and obtain a corrected receipt or certificate arid his name shall be added to the list of voters for the precinct of his new residence, and he shall not vote in that event unless his name appears on the certified list of voters. SEC. 22. If a citizen after receiving his poll tax receipt or certificate of Exemption removes to another county or to another precinct in the same county he may vote at an election iu the precinct of his new residence in such other county or precinct by presenting his poll tax receipt or his certificate of exemption or his written affidavit of its loss to the precinct judges of election, and where he paid such poll tax or received such certificate of exemption, and by making oath that he is the identical person described in such poll tax receipt or certificate of exemption and that he then resides in the precinct whero hi; offers to vote and has resided for the last six months in the district or county in which 'he offers to vote and twelve months in the State. But no sueL person shall be permitted to vote in a city of ten thousand inhabitants or more unless he has first presented to the tax collector of his residence his tax receipt or certificate not less than four days prior to such election or primary election or made affidavit of its loss and where he paid such poll tax or received such certificate of exemption, who shall thereupon add his name to the list of qualified voters of the precinct of his new residence, and unless he has done this and his name appears in the certified list of voters of the precinct of his residence he shall not vote. SEC. 23. Every male person who will be twenty-one years old on or before the day of an election and was not subject to a poll tax preceding the election at Avhich he desires to vote, and who by reason of minority has not theretofore been subject to a poll tax but has or w 7 ill become twenty-one years old on or before the date of any election, and who possesses all the other qualifications of a voter, shall be entitled to vote at such election, if he has obtained a certifi- cate of exemption from the county collector before the first day of February, which shall specify the day when he will be twenty-one years old, and contain all the other requisites of a certificate of exemption. Before the certificate of exemption shall issue the applicant therefor shall make written affidavit of his age to be administered and certified to by the county collector, who shall file and preserve the same. SEC. 24. The county collector is authorized to administer oaths and certify thereto under the seal of his office in every case where an oath is required in complying with any portion of this act connected with his official duties. SEC' 25. If a person residing in a city of ten thousand inhabitants who is subject to pay a poll tax intends to leave the precinct of his residence before the first day of October, with the intention not to return until after the first day of the following February and does not return before that time he shall be entitled to vote, if possessing all other legal qualifications, by pay- ing his poll tax or obtaining his certificate of exemption through an agent authorized by him in writing, which shall state truly his intention to depart from the precinct, the expected period of his absence and every fact necessary to enable the tax collector to fill the blanks in his receipt. Such authority in fact must be sworn to by the citizen and certified to by some officer author- ized to administer oaths. It shall be deposited with the tax collector and kept in his office who shall also retain the possession of the tax receipt or certificate until he delivers it in person to the citizen, and in no event shall the agent receive it. SEC. 26. If the county collector does not personally know one who applies to pay his poll tax or secure his certificate of exemption from its payment, as being a resident in the precinct which such person claims as that of his resi- dence, it shall be the duty of such collector to require proof of such residence. and if he has reason to believe such person has falsely stated his age, occu- pation, precinct of his residence, or the length of his residence in the State. county and city, he shall require proof of such statement, and if on inquiry he is satisfied that said person has sworn falsely, he shall make a memorandum of the word used in such statement and present the same to the foreman of the next grand jury. SEC. 27. No one shall knowingly give money to a citizen to pay his poll tax, nor shall any one keep the poll tax receipt of another person in his pos- session or under his control, except in cases specially authorized by law. SEC. 28. On or before the tenth day of March of each year the collector 01 taxes shall make statement to the county clerk showing how many poll tax receipts he has issued; said statement shall show how many poll tax receipts have been issued and to whom issued in each voting precinct in the county, and such statement shall become a record of the count v commissioners court. SKI . .). The county collector shall keep securely in u ^ufe place the dupli- cates for each precinct from which poll tax receipts and certificates of exemp- tion have been detached and they must remain there except when taken out for examination, which must always be done in his presence, but they shall be burned by the county jistlge at the expiration of three years. WIMTS OF ELECTION". >i .< . 30. Notice shall be given to the people of all elections for State and district officers., electors for President and Vice-President of the United States, members of Congress, members of the Legislature and all officers who are elec- tive every two years. Such notices shall be by proclamation by the Governor ordering the election, not less than thirty days before the election, issued and mailed to the several county judges. SKC. 31. The county judge, or if his office is vacant, or if he fails to act, then two of the county commissioners shall order an election for county and precinct officers and all other elections which under the law the county judge may be authorized to order. The county judge or county commissioners, a? the case may be, shall issue writs of election ordered by him or them, in whiclt shall be stated the office or offices to be filled by the election or the question to be voted on, or both, as the case maybe, and the day of election. A failure from any cause on the part of the Governor or the county judge or com- missioners court, or of both, to order or give notice of any general election shall not invalidate the same if otherwise legal and regular. SKC. 32. The Secretary of 'State shall at least thirty days before the general election prescribe to the county judge of each county forms of all blanks neces- sary under this act. NOTICE OF AN ELECTION. SEC. 33. The county judge, or if he fails to act, then two county commis- sioners, shall cause notice of a general election or any special election to be published by posting notice of election at each precinct thirty days before the election, which notice shall state the time of holding the election, the office to be filled, or the question to be voted on, as the case may be; provided that in local option, stock law and road tax elections the notices of elections or any other special election specially provided for by the laws of this State shall be given in compliance with the' requirements of laws heretofore or hereafter en- acted governing said elections respectively, and provided also that if a vacancy occurs in the State Senate or House of Representatives during the session of the Legislature or within ten days before it convenes, then twenty days notice of a special election to fill such vacancy shall be sufficient. Posting of notice of an election shall be made by the sheriff or a constable, who shall make return on a copy of the writ how and when he executed the same. SEC. 34. In all city, town and village elections the mayor, or if he fails to, then the board of aldermen or the officials in whom authority is vested by law, shall order elections pertaining alone to municipal affairs, give notice and appoint election officers to hold the election unless a different method be prescribed by the charter of such city, town or village; but in all cases super- visors may be selected as in general elections and the judges and clerks shall each be selected from different parties when practicable. SEC. 35. In all cases of vacancy in a civil office in the State, caused by death or resignation or otherwise, the vacancy of* which is to be filled by elec- tion, the officer or officers authorized by this act to order elections shall imme- diately make such order, fixing the day, not exceeding thirty days after the first public notice of such order to fill the unexpired term. ELECTION RETURNS. 0. 36. Returns of elections shall be made under existing law contained in Articles 1743 to 1749, inclusive, and Articles 1753 to 1766, inclusive, of the Revised Statutes of Texas of 1895, and also Articles 1813 to 1815, inclusive, of said Revised Civil Statutes of Texas, as amended by Chapter 26 of the Gen- eral Laws of the Twenty-fifth Legislature, except as herein otherwise provided. 10 KLKCTION SUPPLIES. SEC. 37. Voting booths shall be furnished and used at elections at each voting precinct in towns or cities of ten thousand inhabitants or more. SEC. 38. There shall be one voting booth or place for every seventy citizen-; who at the last general election paid their poll tax or obtained certificates of exemption from its payment, and who reside in the voting precinct; provided, the judges of the election may provide as many more booths and places a^ they shall deem necessary. Each polling place, whether provided with voting booths or not, shall be provided with a guard rail, so constructed and placed that only such persons as are inside of such guard rail can approach the ballot boxes or compartments, places or booths at which the voters are to prepare their votes, and that no person outside of the guard rail can approach nearer than six feet of the place where the voter prepares his ballot. The arrange- ment shall be such that neither the ballot boxes nor voting booths nor tin 1 voters while preparing their ballots shall be hidden from view of those outside the guard rail, or from the judges, and yet the same shall be far enough removed and so arranged that the voter may conveniently prepare his ballot for voting in secrecy. There shall be provided in each voting place voting booths where voting booths are required, with three sides closed and the front side open. Each booth shall be twenty-two inches wide on the inside, thirty-two inches deep and six feet four inches high, and shall contain a shelf for con- venience of the voter in preparing his ballot, and the booths shall be constructed with hinges that it can be folded up for storage when not in use. The county judge, county clerk and sheriff shall constitute a board,, a majority of whom may act, to provide the supplies necessary to hold and conduct the election, all of which shall be delivered to the presiding judges of the election by the sheriff or any constable of the county when not called for and obtained in person by the precinct judges. SEC. 39. For all supplies furnished by the county, said board shall file with the county commissioners court a written report of their action, giving detailed statement of the expenses incurred in procuring such supplies. SEC. 40. Every guard rail shall be provided with a place for entrance and exit. The arrangement of the polling place shall be such that the booths or places prepared for voting can only be reached by passing within the guard rail, and the booths, ballot boxes, election officers and every part of the polling place, except the inside of the booths, shall be in plain view of the election officers and persons outside the guard rail, among whom may be one challenger for each political party and no more. SEC. 41. The voting booth shall be so arranged that there shall be no access to them through any doors, window or opening except through the front of the booth, and the same care shall be observed in precincts where there are no booths in protecting the foter from intrusion while he is preparing his ballot. SEC. 42. When voting booths are not required, a -guard rail shall be so placed that no one not authorized can approach nearer than six feet of the voter, while he is preparing his ballot, and a shelf for writing shall be pre- pared for him, with black lead pencil, and so screened that no other person can see how he prepares his ballot. All booths and voting places shall be properly lighted. SEC. 43. For each election precinct there shall be provided four ballot boxes to be marked as follows: "Ballot box No. 1 for election precinct No. . (giving name and number of precinct) ; "Ballot box No. 2 for election precinct No ;" "Ballot box No. 3 for election precinct No :" "Ballot box No. 4 for election precinct No " SEC. 44. The official ballots to be counted before delivery and sealed up and together with the instruction cards, with poll lists, tally sheets, distance mark- ers, returning blanks and stationery, shall be delivered to the precinct judges, and the number of each indorsed on the package, and entered of record by the county clerk in the minutes of the commissioners court. In like manner shall be sent the list of qualified voters for the precinct, certified to by the collector, if the presiding judge has not already received it. SEC. 45. If from any cause ballot boxes, voting booths, guard rails or other election supplies have not been received by the presiding judge, he shall pro- cure them, and they shall be paid for as other election supplies, and if the 11 certified list of qualified voters is not in his possession at least three days before the election, he shall send for and procure them; provided, that in all elections in incorporated cities, towns and villages, the mayor, the city clerk, the board of commissioners or aldermen, shall do and perform each and every act in other elections required to be done and performed respectively by the county judge, the county clerk or the county commissioners court, and the expense of all city elections shall be paid by the city in which same are held. THE OFFICIAL BALLOT. SEC. 46. No ballot shall be used in voting at any general, primary or special election held to elect public officers, select candidates for office or determine questions submitted to a vote of the people, except the official ballot, unless otherwise authorized by law. At the top of the official ballot shall be printed in large letters the words "Official Ballot." It shall contain the printed names of all candidates whose nominations for an elective office have been duly made and properly certified. The names shall appear on the ballot under the title of the party that nominates them, except as otherwise provided by this act. SEC. 47. If from any cause the official ballots furnished for an election pre cinct have been exhausted or not delivered to the precinct judges, the voter* may provide their own ballot after the style of the official ballot described in thin act. SEG. 48. For each voting precinct there shall be furnished one and a half times as many official ballots as there are qualified voters in the precinct, an shown by the list required to be furnished by the tax collector to precinct judges. SEC. 49. The name of no candidate shall appear more than once upon tlu> official ballot, except ns a- candidate for two or more offices permitted by the Constitution to be held by the same person. The name of the candidate nomi- nated by any political party shall appear on the ballot and under head of the party making such nomination. SEC. 50. A nominee may decline and annul his nomination by delivering to the officer with whom the certificate of his nomination is filed ten days before the election, if it be for a city office, and twenty days in other cases, a declara- tion in writing, signed by him before some officer authorized to take acknowledg- ments. Upon such declination (or in case of death of a nominee) the executive committee of a party or a majority of them for the State, district or county, as the office to be nominated may require, may nominate a candidate to supply the vacancy by filing with the Secretary of State in the case of State or dis- trict officers, or with the county judge in the case of county or precinct officers, a certificate duly signed and acknowledged by them, setting forth the cause of the vacancy, the name of the new nominee, the office for which he was nomi- nated, and when and how he was nominated. Thereupon the Secretary of State or county judge as the case may be, shall promptly notify the official board created by this act to furnish election supplies that such vacancy has occurred and the name of the new nominee shall then be printed upon the official ballot, if the ballots are not already printed. If such declination or death of the nominee occurs after the ballots are printed or due notice of the name of the new nominee is received after such printing, the official board charged with the duty of furnishing election supplies shall prepare as many pasters bearing the name of the new nominee as there are official ballots, which shall be pasted over the name of the former nominee on the official ballot before the presiding judge of the precinct indorses his name on the ballot for identification. If a nominee dies or declines the nomination before the election and no one is nomi- nated to take his place, the votes cast for him shall be counted and return made thereof, and if he shall have received a plurality of the votes cast for the office, the vacancy shall be filled as in case of a vacancy occurring after the election. No paster shall be used except as herein authorized, and if otherwise used the names pasted shall not be counted. SEC. 51. At the election of school district officers or school officers for u city, town or village, at which no other officer is to be elected, or election of officers of fire departments, any ballot may be used prescribed by local authori- ties. SEC. 52. The name of no candidate of any political party that cast one hundred thousand votes or more at the last preceding general election shall be 12 printed on any official ballot for a general election unless nominated by pri- mary election, on primary election day, except as herein otherwise provided. SEC. 53. All ballots shall be printed with black ink on clear white paper of sufficient thickness to prevent the marks thereon to be seen through the paper, and of uniform style. The tickets of each political party shall be placed or printed on one ballot, arranged side by side in columns separated by parallel rule. The space which shall contain the title of the office and the name of the candidate (or candidates, if more than one is to be voted for for the same office) shall be of uniform style and type in said tickets. At the head of each ticket shall be printed the name of the party. When a party has not nomi- nated a full ticket the titles of those nominated shall be in position opposite to the same office in a full ticket and title of the offices shall be printed in the corresponding position in spaces where no nominations have been made. In the blank columns and independent columns, the titles of the offices shall bt prited in all blank spaces to correspond with a full ticket. When presidential electors are to be voted on their names shall appear at the heads of their respective tickets. When a constitutional amendment or other propositions are to be voted on the same shall appear once on each ballot in uniform style and type. When a voter desires to vote a ticket straight he shall run a pencil or pen through all other tickets on the official ballot, making a distinct marked line through such ticket not intended to be voted, and when he shall desire to vote a mixed ticket shall do so by running a line through the names of such candidates as he shall desire to vote against in the ticket he is voting, and by writing the name of the candidate for whom he desires to vote in the blank column and in the space provided for such office, same to be written with black ink or pencil, unless the name of the candidates for whom he desires to vote appear on the ballot, in which event he shall leave the same not scratched. SEC. 54. When a constitutional amendment or other question submitted by the Legislature is to be voted on the form in which it is submitted shall be described by the Governor in his proclamation in such terms as to give the voter a clear idea of the scope and character of the amendment, and printed once at the bottom of each ballot as described by this act the words "for" and "against" under it; provided the Legislature has failed to prescribe a form. If a propo- sition or question is to be voted on by th> people of any city, county or other subdivision of the State, the form in which such proposition shall be voted on shall be prescribed by the local or municipal authority submitting it. OPENING THE POLLS. SEC. 55. The judges and clerks of election for each precinct (and super- visors, if any have been selected) shall meet at the polling place at least half an hour before the time for opening. the polls, and shall proceed to arrange the guard rail, the space within the guard rail, the voting booths (if any) and the furniture for the orderly and legal conduct of the election. The judges of election shall then examine the ballot boxes required for the reception of the ballots and the blank official ballots, and shall deposit such ballots as are found to be defective in printing in ballot box No. 4 for mutilated or returned ballots. They shall also examine the sample ballots, instruction cards, distance markerr-. tally sheets, return sheets, certified list of voters rubber or wooden stamps, and all "things required for the election; but the package containing the official ballots shall not be opened until the morning of the election and at the polling place. One instruction card shall be posted" near each distance marker, where it can be read by citizens before voting. The package of official ballots shall remain in the custody of the judges and the polling clerks. The judges shall cause to be placed at the distance of one hundred feet from the entrance of the room at which the election is held, visible distance markers in each direction of approaches to the polls on each of which shall be printed in large letters the words, "distance markers." "No electioneering or loitering between this point and the entrance to the polls." The judges shall examine the ballot boxes and then relock them, after all present can see they are empty. The instruction card and distance markers shall be posted up and shall not be de- faced or removed during the progress of the election. The ballot clerks with official ballots, the presiding officer of the election, the poll clerk, the election supplies and the certified lists of qualified voters for the precinct, and the super- 13 visors, if there are any, shall be as conveniently near each other as practicable within the polling place. SEC. 56. Before opening the polls the presiding judge of election shall, in an audible voice, take the following oath or affirmation, which' shall be uttered slowly and distinctly and each of the other judges and clerks shall repeat the same after him: "I solemnly swear (or affirm) that I will not in any manner request or seek to persuade or induce any voter to vote for or against any particular candidate or candidates, or for or against any proposition to be voted on ; that I will not keep or make any memoranda or entry of anything occurring within the booths or polling places, as the case may be, nor disclose how any one whom I am permitted to assist in voting has voted, except I be called on to testify in a judicial proceeding; and that I will faithfully perform this day my duty as officer of the election, and guard as far as I am able the purity of the ballot box, so help me God." Before the election begins one instruction card shall be posted up in each voting booth where it can be read, and when there are no voting booths one shall be posted up in plain view at the place prepared for ll>e voter io make out his ballot. OFFICERS OF ELECTION; THEIR POWERS AND DUTIES. SEC. 57. The county commissioners court shall at the February term appoint among the citizens of each voting precinct, in which there are less than one hundred voters who have paid their poll tax and received their certificates of exemption, two reputable men, who are qualified voters, as judges of the elec- tion. They shall be selected from different political parties, if practicable, and shall continue to act until their successors are appointed. When the bounds of the precinct are changed so that one or more judges reside outside of the precinct for which they were appointed, the court shall appoint others to supply his or her plaov. One of the judges, who shall in all cases belong to the party that at the last general election cast the largest vote for Governor throughout the State shall be designated as the presiding judge at elections; he shall appoint two competent and reputable clerks of different political parties, if practicable, who are qualified voters, to act as clerks of the election. The order appointing- all judges shall be entered of record. The presiding judge shall act in receiving and depositing the votes in the ballot boxes and the other judge shall act in counting the votes cast; one of the clerks shall keep the poll list and list of qualified voters, and upon the poll list he shall write at the time of voting the name and number of each voter; the other clerk shall act as canvassing clerk and shall keep the tally list of votes counted; said officers shall perform such other duties as the presiding judge may direct. SEC. 58. For every precinct in which there are one hundred male citizens or more who have paid their poll tax or received their certificates of exemption, the commissioners court shall appoint four judges of election, who shall be chosen when practicable from opposing political parties, one of whom shall be designated as presiding judge. The presiding and one associate judge shall act in receiving and depositing the votes in the ballot box, and the other two judges shall act in counting the vote cast. The presiding judge shall appoint four competent and reputable clerks, who have paid their poll tax, and of dif- ferent political parties when practicable; two of said clerks shall assist in keep- ing poll lists and the list of qualified voters; upon the poll lists they shall write the name and number of each voter, and at the time voted. Two clerks shall be canvassing clerks, who shall keep tally lists of votes counted and per- form such other duties as the presiding judge may direct. At the close of the canvassing and during its progress, the tally clerks shall compare their tally lists and certify officially to their correctness. Provided that in all elections held under the provisions of this act other than general elections, local option elections and primary elections, the officers to be appointed by the commissioners court to hold said elections shall be a presiding judge, and assistant judge and two clerks, \vhose compensation shall be two dollars per day, and two dollars to the presiding judge extra for making return of the election. SEC. 59. The chairman of the county executive committee for each political party that has candidates on the official ballot, or if he fails to act. any three members of such committee may, not less than five days before the genera! election, nominate one supervisor of election for each voting precinct, who has paid his poll tax, by presenting his name to the county judge, who shall indorse his approval on the certificate of his nomination, if lie is a reputable citizen, but not otherwise. And thereupon on his presenting such nomination and its approval to the presiding judge of the precinct he" shall be permitted to sit conveniently near the judges, .so that lie can observe the conduct of the election, including the counting of the votes, the locking and sealing of the ballot boxes, their custody and safe return. He shall not be permitted to enter into any conversation with the judges or clerks, regarding Hhe election while it is pro- gressing, except to call the attention of the judges or clerks to any irregularity or violation of the law that he may observe. Before he shall be permitted to act as supervisor he shall take an oath to be administered by the presiding judge that he will mention and note any errors he may see in testing or counting the votes and that he will well and truly discharge his duties as supervisor impartially and will report in writing ail violations of the law and irregu- larities that he may observe to the next grand jury. WHO PROHIBITED FROM BEING ELECTION JUDGES OR CLERKS OR MEMBERS OF EXECUTIVE COMMITTEE. SEC. 60. No one who holds an office of profit or trust under the United States or this State, or in city or town in this State, except a notary public, or who is a candidate for office or who has not paid his poll tax, shall act as judge, clerk, or supervisor of any election; nor shall any one act as chairman or as member of an executive committee either for the State or any district or county, who has not paid his poll tax, or who is a candidate for office, or holds any office of profit or trust under either the United States or this State, or in any city or town in this State, except a notary public. METHOD OF CONDUCTING ELECTIONS. SEC. 61. A general election shall be held on the first Tuesday after the first Monday in November, A. D. 1906, and every two years thereafter, at such place as may be prescribed by law, after notice given *as prescribed by law. SEC. 62. Special elections shall be held at such times and places as may be fixed by law providing therefor. SEC. 63. In all cases, except treason, felony or breach of peace, voters shall be privileged from arrest during their attendance at elections, and in going to and returning therefrom. SEC. 64. In all elections, general, special or primary, the polls shall be open from eight o'clock in the morning until seven o'clock in the evening, and the election shall be held for one day only. SEC. 65. No election judge, clerk or other person connected with the holding of an election, shall on election day indicate by words, sign symbol or writing to any citizen, how he shall or should not vote; provided, nothing herein shall interfere with the operation of Section 83 of this act. SEC. 66. No citizen shall be permitted to vote unless he first presents to the judge of election his poll tax receipt or certificate of exemption issued to him before the first day of February of the year in which he offers to vote, except as otherwise permitted in this act, unless the same has been lost or mislaid, or left at home, in which event he shall make an affidavit of that fact., which shall be left with the judges and sent by them with the returns of the election; provided, that if since he obtained his receipt or certificate he removes from the precinct or county of his residence, he may vote on complying with other provisions of this act. SEC. 67. Judges of elections are authorized to administer oaths to ascertain all facts necessary to a fair and impartial election. The presiding judge of election, while in the discharge of his duties as such, shall have the power of the district judge to enforce order and keep the peace. He may appoint special peace officers to act as such during the election and may issue warrants of arrest for felony, misdemeanor or breach of peace committed at such election, directed to the sheriff or any constable of the county, or such special peace officer, who shall forthwith execute any such warrants, and if so ordered by the presiding judge confine the party arrested in jail during the election or until the day after the election, when his case may be examined into before 15 some magistrate, to whom the presiding judge shall report it; but the party arrested shall first be permitted to vote, if entitled to do so; provided, that if said party is drunk from the use of intoxicating liquor he shall not be permitted to vote until he is sober. SEC. 68. Before the balloting begins, the presiding judge shall unlock ballot box No. 1, and after all the officers of the election and supervisors have in- spected the same to see that it is empty, relock it and place it within view, where it shall remain until removed to make room for ballot box No. 2. A like examination shall be made of ballot box No. 2. All the boxes shall be securely made of metal or wood, provided with a top, hinges, lock and key, and an opening shall be made at the top of each just large enough to receive a ballot when polled. SEC. 69. In ballot box No. 4 shall be deposited, in addition to ballots defec- tively printed, all defaced and mutilated ballots, and when the polls are closed all the ballots that have not been voted. The box shall be locked and so re- turned sealed to the county clerk, with a statement which shall be placed therein signed by the presiding judge of the number of ballots received by him, the number of mutilated or defaced ballots that the box contained and also the number of ballots not given to voters, as well as those defectively printed, so that after adding such numbers all ballots delivered to the election officers may be accounted for. Such ballot box shall when the returns of votes cast are canvassed by the commissioners court be opened, the ballots counted and a record made of what they have found to be its contents. SEC. 70. Any judge may require a citizen to answer under oath before he secures an official ballot whether he has been furnished with any paper or ballot on which is marked the names of any one for whom he has agreed or promised to vote or for whom he has been requested to vote, or has such paper or marked ballot in his possession, and lie shall not be furnished with an official ballot until he has delivered to the judge such marked ballot or paper, if he has one. And any person who gives, receives or secures or is interested in giving or receiving an official ballot or any paper whatever, on which is marked, printed or written the name or names of any person or persons for whom he has agreed or proposed to vote, or for whom he has been requested to vote, or has sueh paper marked, written or printed in his possession as a guide or indication by which he could make out his ticket, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not less than one hundred dollars nor more than five hundred dollars and confinement in the county jail for thirty days. SEC. 71. One of the election judges shall receive from the voter his poll tax receipt or certificate of exemption when he presents himself to vote; the voter shall announce his name and the judge, after comparing the appearance of the. party with the description given in the certified list of qualified voters of the precinct made out by the county collector and being satisfied that it accords therewith, shall pronounce in an audible voice the name of the voter and his number, as given in the list of qualified voters. If the voter has lost, mislaid or left at home his receipt or certificate and shall present his written affidavit of that fact, and if his appearance tallies with that given for the same number and name on the list of qualified voters or if the voter presents his written affidavit of removal from some other precinct or county in cases where the same is permitted by this Act, together with his receipt or certificate or affidavit of the loss thereof, and the judges of election shall be satisfied that he paid his poll tax or received his certificate of exemption before the first day of the pre- ceding February, the judge shall in like manner pronounce in an audible voice the name and number of the elector on the certified list of qualified voters with the word "correct." SEC. 72. When the judges are satisfied as to the right of the citizen to vote and one has pronounced in an audible voice his name and number as shown on the list of qualified voters of the precinct and the word "correct," the judge shall stamp in legible characters with a stamp of wood or rubber the poll tax receipt or certificate of exemption with the words: "Voted day of , A. D. 19. . . .," or write the same words in ink and then return said receipt or certificate to the voter, and shall at the same time deliver to him one official ballot on the blank side of which the presiding judge shall have* previously written his signature. The voter shall then immediately repair 1o 16 one of the voting booths or places prepared for voting by the election officers and there prepare his ballot, in the manner provided by section 53 of this Act. SEC. 73. When a person offering to vote shall be objected to by an election judge or a supervisor or challenger, the presiding judge shall examine him upon an oath touching the points of such objection, and if such person fails to estab- lish his right to vote to the satisfaction of the majority of the judges, he shall not vote. - If his vote be received, the word "sworn" shall be written upon the poll list opposite the name of the voter. SEC. 74. When a citizen shall have prepared his ballot, he shall fold the same so as to conceal the printing thereon and so as to expose the signature of the presiding judge on the blank side, which shall always be indorsed by the judge before the ballot is delivered, and shall after leaving the booth hand to the numbering judge his ballot, who shall number the same. If the judges are satisfied that the ballot returned is the one delivered to the voter the num- bering judge shall number the ballot, writing on the blank side the number opposite the voter's name on the voting list, and shall stamp or write the same with the word "voted," and deposit the ballot in the ballot box. The letter "v" shall at the same time be marked by one of the clerks on the certified list or supplemental list of qualified voters opposite the voter's name thereon, and the voter shall thereupon immediately leave the polling place. SEC. 75. No voter shall be entitled to receive a new ballot in lieu of one mutilated and defaced until he first returns such ballot and it is deposited in box No. 4; nor shall any one be supplied with more than three ballots in suc- cession, when they are mutilated or defaced. A register shall be kept by the clerks as the voting progresses of the mutilated or defaced ballots, which shall be deposited in box No. 4, in which shall also be deposited and returned all official ballots not used. SEC. 76. From the time of opening the polls until the announcement of the results of the canvass of votes cast and the signing of the official returns, the boxes and official ballots shall be kept at the polling place in the presence of one or more of tlu judges and supervisors if there are any. No person shall be admitted within the room where the election is being held except the judges, clerks, persons admitted by the presiding judge to preserve order, supervisors of election, and persons admitted for the purpose of voting; provided, that the officers of the election shall permit an interpreter to assist any voter who can not both speak and read the English language. No judge or clerk shall make any statement nor give information in any manner of the number of votes nor any other fact regarding their opinion of the state of the polls after the closing thereof except as herein permitted. SEC. 77. No officer of election shall unfold or examine the face of a ballot when received from an elector, nor the indorsement on the ballot, except the signature of the judge, or the words stamped thereon, nor compare it with the clerk's list of voters, when the ballots are counted, nor shall he permit the same to be done, nor shall he examine nor permit to be examined the ballots after they are deposited in a ballot box, except as herein provided for in can- vassing the votes, or in cases specially provided by law. SEC. 78. The counting judges and clerks shall familiarize themselves with the signature of the judge who writes his name on each ballot that is voted, and shall count no ballots that do not bear his signature or are unnumbered, or if on examination by the judges, such signature is found to be a forgery. SEC. 79. If the officers of election need refreshments during the voting and before the canvass of votes, they shall be taken at the polling places, and in view of the ballot boxes, provided that the refreshments shall contain no alco- holic, vinous, malt or intoxicating liquors. SEC. 80. At the expiration of one hour after voting has begun the receiving judges shall deliver ballot box No. 1 to the counting judges, who shall at once deliver in its place ballot box No. 2. which shall again be opened and examined in the presence of all the judges and securely closed and locked; and until the ballots in ballot box No. 1 have been counted, the receiving judge shall receive and deposit ballots in ballot box No. 2. Ballot box No. 1 shall on its receipt by the counting judges, be immediately opened and the tickets taken out by one of them, one by one, when he shall read and distinctly announce, while the ticket remains in his hand, the name of each candidate voted for thereon, which shall be noted on the tallv sheets, and shall then deliver the ballot to the other counting judge, who shall place the same in box No. S. which shall remain locked and in view until the counting is finished, when said box shall be returned with the other boxes, locked and sealed, to the county clerk. Ballot boxes Nos. 1 and 2 shall be used by the receiving judge and the counting judge alter- nately, as above provided, as often as the counting judge has counted and ex- hausted the ballots in either box; the election supervisors may be present when the ballots are being examined and the votes called off and noted on the tally sheets. SEC. 81. At each change of the boxes one of the judges shall announce at the outer door of the voting place the number of votes already cast. SKC. 82. Not more than one person at the same time shall be permitted to occupy any one compartment, voting booth or place prepared for a voter, except when a voter is unable to prepare" his ballot from inability to read or write, or physical disability, two judges or an interpreter, if he can not both read and speak the English language, shall assist him, they having been first sworn that they will not suggest by word or sign or gesture how the voter shall vote; that they shall confine their assistance to answering his questions, to naming candidates, and the political parties to which they belong, and that they will prepare his ballot as the voter himself shall direct. The judges who assist the voter in preparing his ballot shall be of different political parties, if there be such judges present, and an election supervisor or supervisors may be present, but must remain silent, except in case of irregularity or violation of the law. SEC. 83. If a presiding judge fails to attend on election day, or fails to act, or none shall have been appointed, the voters present may appoint their own presiding officer who has paid his poll tax, and such voters may also appoint the necessary assistant judges of election. When a presiding officer who ha- been appointed by a commissioners -court fails to act in conducting an election, and one is selected by the voters present, the judges and clerks of such election shall, in making their returns of election, certify to that fact, and state that the acting judges were appointed by the voters present. When an assist- ant judge or clerk has not been appointed or having been theretofore ap- pointed and fails to act at the opening of the polls or during the election. the presiding judge shall appoint in his place another with the same qualifi- cations, and return a certificate of such appointment with each election return. SEC. 84. The election judges shall prevent loitering and electioneering while the polls are open within one hundred feet of the door through which voters enter to vote, and within one hundred feet of the place where the voter is required to prepare his ballot, and for this purpose they shall appoint a special constable to enforce this authority. SEC. 85. No carriage or other vehicle shall be used by any person to convey voters to the voting places unless the voter is physically unable to go to or to enter the polling place without assistance, in which event two of the judges of different political parties, if there are such, may deliver an official ballot to him at the entrance to the polling place and permit him to make out his ballot and deliver it there. SEC. 86. No person shall open or keep open any barroom, drinking saloon or wholesale beer or liquor house, where vinous, malt, spirituous and intoxi- cating liquors are sold during any portion of the day on which an election, either general, special or primary, is held for any purpose in the voting pre- cinct where such an election is held ; nor shall any one in such voting precinct sell, barter or give away any vinous, spirituous or intoxicating liquor during the day of such election, nor shall any one carry or cause to be carried to the polling place on the day of election any intoxicating liquor for the purpose of sale, gift or to be drunk; and if any one shall find any intoxicating liquor on election day he shall refrain from taking possession of it and shall not inform another of its whereabouts. SEC. 87. Intoxicating liquor may be sold on election day by a druggist only to fill prescriptions by a physician, but who at the time must certify in writing, on his honor, that it is needed by his sick patient. SEC. 88. Immediately upon closing the polls, and at intervals of two hours thereafter, the presiding judge or an associate judge shall make a correct but unofficial memorandum of the total number of votes counted for each candidate at that time, such memorandum being in the order in which the names of the candidates appear upon the ballot: and thereupon he shall publicly announce IS from such memorandum the status of the count at the door of the building where the counting is in progress. This memorandum shall thereafter be accessible to the public, and especially newspaper reporters, who may call for information, and the presiding judge or an associate judge may furnish reporters information concerning the status of the count at other times after the polls have closed. The announcement of the status of the count shall continue as aforesaid until the count has been completed, when a correct but unofficial announcement of the total number of votes received by each candidate shall be announced in the manner above provided. This section shall also apply so as to require the same reports from judges of primary elections. EXPENSES BY MANAGERS OF POLITICAL HEADQUARTERS AND BY OTHERS. SEC. 89. Every person who manages any political headquarters for any political party or for any candidate before any election, and every clerk or agent of such manager for such headquarters or candidate, and every other person whomsoever who expends money, gives any property or thing of value, or promises to use influence,, or give a future reward to promote or defeat the election of any candidate or to promote or defeat the success of any political party at any election, shall within ten days after such election file with the county judge of the county in which the political headquarters was located, and with the county judge of the county where such manager, clerk, or other person, as the case may be, reside, an itemized statement of all moneys or things of value thus given or promised, for what purpose, by whom supplied, in what amount and how expended, and what reward was given or promised, by whom and to whom, and what influence was promised, by whom promised and to whom said promise was given. He shall also state whether he had been informed or has reason to believe that the person thus aiding or attempting to defeat a party or candidate was an officer, stockholder, agent or employe of, or was acting for or in the interest of any corporation, giving his name, and if so of what corporation ; and he shall if he has no positive knowledge state the source of his information or the reasons for his belief as the case may be; all of which shall be sworn to and subscribed before the county judge, who shall file and preserve the same, which shall at all times be subject to inspection of the public. EXPENSES OF CANDIDATES. SEC. 90. Within ten days after a primary and also after a final election all candidates for office at such election shall file a written itemized statement under oath with the county judge of the county of their residence of all the expenses incurred during the canvass for the office, and for the nomination, including amounts paid to newspapers, hotel and traveling expenses, and s-uch statement shall be sworn to and filed, whether the candidate was elected or defeated, which shall at all times be subject to inspection of the public. RETURN OF ELECTION SUPPLIES. SEC. 91. One of the precinct judges shall deliver the returns of election with certified lists of qualified voters, with all stationery, rubber stamps and blank forms and other election supplies not used, to the county judge imme- diately after the votes have been counte'd. He shall provide for the safe storage of the voting booths in some place in the precinct and notify the county judge. CONTESTING ELECTIONS. SEC. 92. All election contests, except for nominations in primary elections shall be tried as required by the Act of April 6, A. D. 1895, unless otherwise provided for 'by law. SEC. 93. The provisions of this Act shall apply to all elections held in this State, except as otherwise herein provided. NON-PARTISAN AND INDEPENDENT CANDIDATES. SEC. 94. The name of a non-partisan or independent candidate may be printed on the official ballot in the column for independent candidates, after a 19 written application signed by qualified voters to the Secretary of State and delivered to him within thirty days after primary election day as follows: If for a State office to be voted for throughout the Stale, one per cent of the entire vote of the State cast at the last preceding general election; if for a congressional, supreme, judicial, senatorial, representative, flotorial or judicial district office, three per cent of the entire vote cast in any such district at the last preceding general election; provided that the number of signatures need not exceed five hundred for any congressional, senatorial or judicial office, nor for any other office that is not filled by all the voters of the State. SEC. 95. No application to the Secretary of State shall contain the name of more than one candidate, and no citizen shall sign such application unless he has paid his poll tax or received his certificate of exemption; provided, that if the office is one to which two or more persons are to be elected, his applica- tion may be for as many candidates as there are persons to be elected to that office; and provided, also, that no person who has voted at a primary election shall sign an application in favor of any one for an office for which a nomina- tion was made at such primary election. SKC. 96. To every citizen who signs such application shall be administered the following oath, which shall be reduced to writing and attached to such application, viz.: "I know the contents of the foregoing application; I have participated in no primary election which has nominated a candidate for the office for which I desire (here insert the name) to be a candidate; I am a qualified voter at the next general election under the Constitution and lawa in force, and have signed the above application of my own free will." One certificate of the officer before whom the oath is taken may be so made as to apply to all to whom it was administered. SEC. 97. The Secretary of State shall on the receipt of the application which conforms to the above requirements issue his instruction to the county clerks of this State, or of the district as the case may require, directing that the name of the citizen in whose favor the application is made shall be printed on the official ballot in the independent column under the title of the office for which he is a candidate; provided, that the citizen in whose favor the appli- cation is made shall first file his written consent with the Secretary of State to become a candidate within thirty days after primary election day. SEC. 98. Independent candidates" for office at a county, city or town election may have their names printed upon the official ballot on application to the county judge, if for a county office, or to the mayor if for a city or town office; such application being in the game form and subject to the same requirements herein prescribed for applications to be made to the Secretary of State in case of State or district independent nomination; provided, that a petition of five per cent of the entire vote cast in such county, city or town at the last general election shall be required for such nomination. SEC. 99. Each political party whose nominee for Governor in the last preced- ing general election received as many as ten thousand (10,000) and less than one hundred thousand (100,000) votes, may nominate candidates for State, district and county officers under the provisions of this law by primary election and they may nominate candidates for State offices at a State convention, which shall be held the second Tuesday in August and which shall be composed of delegates elected in the various counties and county conventions held on the first Saturday after primary election day which shall be composed of delegates from the general election precinct, in such counties elected therein at primary conventions held in such precincts on the fourth Saturday in July. The State committee of all such parties shall meet at some place in the State to be designated by the chairman thereof on the second Tuesday in May and shall decide and by resolution declare whether they will nominate State, dis- trict and county officers by convention or by primary elections, and shall certify their decision to the Secretary of State. Nominations for district offices made by such parties shall be made by conven- tions held on the same day as herein prescribed for district conventions of other parties composed of delegates elected thereto at county conventions held on the same day herein prescribed for such county conventions of other parties, all of Avhich county conventions shall nominate candidates for county offices of srch party of such county. All nominations so made by a State or district convention shall be certified bv the chairman of the State or district committees of such 20 parties to the Secretary of State, and nominations made by county conventions 'by the chairman of the county committee. No person shall be allowed to vote or participate in any such primary convention unless he shall have first pro- duced evidence that he has paid hi's poll tax or is exempt, and no person shall be allowed to participate in any such convention who has participated in the convention or primary of any other party held on the same day. SEC. 100. Any political party not having a State organization but desiring to nominate candidates for county and precinct offices only, may nominate such candidates therefor under the provisions of this act by primary elections or by a county convention held on the legal primary election day, as herein denned, which county convention shall be composed of delegates from various election precincts in said county, elected therein at primary conventions held in such precincts between the hours of 8 a. m. and 10 p. m. of the preceding Saturday. All nominations made by any such parties shall be certified to the county clerk by the chairman of the county committee of such party, and after taking the same course as nominations of other parties certified to the clerk, shall be printed on the official ballot in a separate column, headed by the name of the party; provided, a written application for such printing shall have been made to the county judge, signed and sworn to by three* per cent of the entire vote cast in such county at the last general election. SEC. 101. No new political party shall assume the name of any pre-existing party, and the party name printed on the official ballot shall not consist of more than three words. PRIMARY ELECTIONS. SEC. 102. The term "Primary Election," as used in this act, means an elec- tion held by the members of an organized political party for the purpose of nominating the candidates of such party to be voted for at a general or special election, or to nominate the county executive officers of a party. SEC. 103, No one shall vote in any primary election unless he has paid his poll tax or obtained his certificate of exemption from its payment, in cases where such certificate is required, before the first of February next preceding, which fact must be ascertained by the officers conducting the primary election by an inspection of the certified lists of qualified voters of the precinct and of the poll tax receipts or certificate of exemption; nor shall he vote in any pri- mary election except in the voting precinct of his residence; provided, that if this receipt or certificate be lost or misplaced, or inadvertently left at home, that fact must be sworn to by the party offering to vote; and provided further that the requirements as to presentation of the poll tax receipt, certificate of exemption or affidavit shall apply only to cities of ten thousand population or over as shown by the last United States census; provided, that the executive committee of any party for any county may prescribe additional qualifications for voters in such primaries,, not inconsistent with this act. SEC. 104. To guard against fraud, a certified list and supplemental list of the qualified voters of the voting precinct furnished by the collecttor of taxes shall be in the possession of the officers conducting the. primary election for reference and comparison, and opposite the name of every voter on said list shall be stamped when his vote is cast with a rubber or wooden stamp, or written with pen and ink the words, "primary voted," with the date of such primary under the same; and provided further, that the judges of primary elections are authorized to administer oaths in regard to any matter pertaining to the election. And provided further, that it shall he the duty of the tax collector of each county upon application by the county chairman of the various political parties, to furnish to the presiding judges of the election in the several precincts, certified copies of the list of qualified voters of the several precincts, which said copies shall be furnished at least four days prior to said primary election. SEC. 105. The fourth Saturday in July in the year 1906 and every two years thereafter shall be the- legal "primary election day" and primary elections to nominate candidates for a general election shall be held on no other day except when specially authorized. Any political party may hold a second primary election on the second Saturday in August to nominate candidates for a county or precinct office where a majority vote is required to make a nomination; but at such second primary only the two candidates who received the two highest votes at the first primary for the same office shall be voted for. Nominations of candidates to be voted for at any special election shall be made at a primary election at such time as the party executive committee shall determine, but no such committee shall ever have the power to make such nominations; provided, that all precincts in the same county and all counties in the same district shall vote on the same day. Nominations of party candidates for offices to be filled in a city or town shall be made not less than ten days prior to the city or town election at which they are to be chosen, in such manner as the party "\oo.utive committee for such city or town shall direct, and all laws prescribing the method of conducting county primary elections shall apply to them. SEC. 106. There shall be for each political party required by this law to hold primary elections for nomination of its candidates a county executive com- mittee to be composed of one member from each voting or justice precinct in such county, as the party executive committee may direct, the members of which county executive committee as well as the county chairman and a pre- cinct chairman for each voting or pustice precinct, as the case may be, shall be elected by the qualified voters of the county on primary election day; pro- vided that in case of a vacancy occurring in the office of chairman, county or precinct, or any member of such committee, such vacancy shall bo' filled by a majority vote of said executive committee. "^ i :<.". 107. The vote at all general primaries shall be by official ballot which shall have printed at the head the name of the party and under such head the name of all candidates those for each nomination being arranged in the order determined by the various committees as herein provided for beneath the title of the office for which the nomination is sought. The voter shall erase or mark out all the names he does not wish to vote for. The official ballot shall he printed in black ink upon white paper and beneath the name of each candidate thereof for State and district offices there shall be printed the county of his residence. The official ballot shall be printed by the county committee in each county, which shall furnish to the presiding officer of the general primary for each, voting precinct at least one and one-half times as many of such official ballots as there are poll taxes paid for such precinct as shown by the tax collector's list. Where two or more candidates are to be nominated for the same office, to be voted for by the qualified voters of the same district, count y. or justice precinct, such candidates shall be voted for and nominations made separately and all nominations shall be separately desig- nated on the official ballots by numbering the same "1" "2" "3" etc., printing the abbreviation "No." and the designating number after the title of the office for which such nominations are to be made. Each candidate for such nomina- tions shall designate in the- announcement of his candidacy and in his request to have his name placed on the official ballot the number of the nomination for which he desires to become a candidate and the names of all candidates so requesting shall have their names printed beneath title of the office and the number so designated. Each voter shall vote for only one candidate for each such nomination. SEC. 108. Any person affiliating with any party who desires his name to appear on the official ballot for a general primary as a candidate for the nomi- nation of such party for any State office shall file with the State chairman not later than the first Monday in June preceding such primary, his written request that his name be placed upon such official ballot as a candidate for the nomi- nation named therein, giving his age and occupation, the county of his resi- dence and his postoffice address, which shall bo signed by him and' acknowledged by him before some officer. Any twenty-five qualified voters may likewise join in the request that the name of any person affiliating with such party be placed upon the official ballot as a candidate for any State nomination, giving fhe, occupation, county of residence and postollico address of such person signing and acknowledging the same as above provided, and may file the same with the State chairman on or prior to the date above mentioned with the same effect as if such request had been filed by the party named therein as a candi- date for such nomination. All such requests shall be considered filed with the State chairman when they are sent from any point in this State by registered mail addressed to the State chairman at his postoffice address. SEX). 109. On the second Monday in June preceding each general primary (lie State committee shall meet at some place to be designated by its chairman, 99 of which designation it shall be the duty of such chairman to notify by mail all members of said committee and all persons whose names have been requested to be placed upon the official ballot not less than three days prior to such meeting. Such committee at this meeting shall by resolution direct their chair- man to certify to each county chairman in the State the names of such candi- dates and county of residence of each as shown by the requests filed with the State chairman. Copies of such certificates shall be immediately furnished to each newspaper in the State desiring to publish the same, and one copy shall be immediately mailed to the chairman of the executive committee of each county. At this meeting the State committee shall also decide upon and publish the place where the State convention of the party shall be held on the second Tues- day in August thereafter. SEC. 110. Any person desiring his name to appear on the official ballot as a candidate for the nomination for chief justice or associate justice of the Court of Civil Appeals, or for representative in Congress or for State senator or for representative or district judge or district attorney in representative or judicial districts composed of more than one county, shall file with the chairman of the executive committee of the party for the district, the request prescribed in this act, with reference to the candidate for State nominations, or if there be no chairman of such district executive committee, then with the chairman of each county composing such district not later than the first Monday in June preceding the general primary. Such requests may likewise be filed not later than said date by any twenty-five qualified voters resident within such district, signed and acknowledged by such voters in the manner prescribed respecting such request signed by a candidate named therein. Immediately thereafter it shall be the duty of each such district chairman to certify the name of all persons for whom such requests have been filed to the county chair- man of each county composing such district and each county committee shall determine by lot the order in which the names of all candidates for each such district office shall be printed upon the official ballot. SEC. 111. Any person desiring his name to appear on the official ballot for the general primary as a candidate for the nomination for any office to be filled by the qualified voters of a county or a portion thereof, or for county chair- man, shall file with the county chairman of the county of his residence, not later than the Saturday before the third Monday in June preceding such pri- mary, a written request for his name to be printed on such official ballot as a candidate for the nomination or position named therein, giving his occupation and postoffice address, giving the street and number of his residence if within a city or town, such request to be signed and acknowledged by him before some officer authorized to take acknowledgment to deeds. Such request similarly signed and acknowledged by any twenty-five qualified voters resident in the county may be filed on or before said date, requesting that the name of any person named therein may be placed on the official ballot as a candidate for any county or precinct office or chairmanship, with like effect as if such request was filed by the person named as a candidate therein; which request shall be endorsed by the candidate named therein, showing his consent to such candidacy if nominated. On the third Monday in June preceding such general primary the county committee of each county shall meet at the county seat and deter- mine by lot the order in which the names of all candidates for each nomination or position requested be printed on the official ballot shall be printed thereon, and decide whether the nomination of county officers shall be by majority or plurality vote, and if by majority vote, the committee shall call as many such elections as may be necessary to make such nomination, and in case the com- mittee fails to so decide, then the nomination of all such officers shall be by plurality vote cast at such election. At such meeting the county committee shall also carefully estimate the cost of printing the official ballots, renting polling places where same may be found necessary, providing and distributing all necessary poll books., blank statipnery and voting booths required, compensa- tion of election officers and clerks and messengers to report the result in each precinct to the county chairman, as provided for herein, and all other necess;iry expenses of holding such primaries in such counties, and shall apportion such cost among the various candidates for nomination for county and precinct offices only as herein defined, and offices to be filled by the voters of such county, or precinct only (candidates for State offices excepted), in such manner as in 23 their judgment is just and equitable, giving due consideration to the impor- tance and emoluments of each such office for which a nomination is to be made, and shall by resolution direct the chairman to immediately mail to each person whose name has been requested to be placed on the official ballot a statement of the amount of such expenses so apportioned to him, with the request that he pay the same to the county chairman on or before the fourth Monday in June thereafter. At this meeting the county chairman shall present to the committee the certificates of the chairman of the State and the various district executive committees, showing the names of all persons whose names are to appear on the official ballot as candidates for State and district officers, and shall appoint, subject to the approval of the committee, a subcommittee of five members to be known as the primary committee, of which he shall be ex officio chairman, which subcommittee shall meet on the second Monday in July and make up the official ballot for such general primary in such county, in accord- ance with the certificates of the State and district chairman, and the request iiled with the county chairman, and placing the name of candidates for nomi- nation for State, district, county and precinct offices thereon in the order deter- mined by the county executive committee as herein provided; provided, that the name of no person shall be placed thereon for a county or pjecinct office who has not paid to the county executive committee the amount of the estimated expenses of holding such primary apportionel to him by the county executive committee as hereinbefore provided. No candidate for a State or district office, unless such district is composed of one county only, shall be required to pay any portion of such cost, unless the executive committee of the county shall so direct, but in no event shall more than one dollar apiece be assessed against any such candidate for a State or district office unless such district is composed of one county only. If there are no requests filed for candidates for county or precinct chairman, a blank space shall be left on the ticket beneath the designation of such position. SEC. 112. All county executive committees of organized political parties shall meet the first Saturday after each primary election to canvass the result of such election. SEC. 113. It shall be the duty of the various county committees of any politi- cal party on the day and date set apart by this act for arranging for primary elections to determine the order in which the name of the various candidates for State or district or county and precinct offices shall appear on the ticket and said order shall be determined by lot so no preference shall be given to any candidate, SEC. 114. On the fourth Saturday in August succeeding each general primary there shall be held in each district within the State in which any candidate or candidates for any district office are to be elected at the succeeding regular election a district convention which shall be composed of delegates from the county or counties composing such district, selected in the manner herein pro- vided, notice of the time and place of holding such convention shall be given by the executive committee of such district at least ten days prior to such meeting. Before such convention assembles the executive committee of such district shall meet and elect one of its number chairman of such committee, shall prepare a list of delegates from the various counties composing such dis- trict which have been certified to the district committee by the chairman of the various county committees, shall tabulate the vote cast in the vari- ous counties for each candidate for district office, which has been cer- tified to such committee as provided in this act, and shall also prepare a state- ment, showing the number of convention votes which each county in such dis- trict is entitled to cast in said convention upon the basis set forth in Section 120, of this act, and shall present such list of delegates, tabulated vote and convention vote to the convention when it assembles. The district conven- tion shall then canvass the returns of the votes cast in all of the counties of the district for each candidate as presented to them by the district com- mittee, and shall declare the person found to have received the largest number of votes at the primary in the district for such office the nominee of the party for such office, and the chairman and secretary of the convention shall forthwith certify such nomination to the Secretary of State. But in the event there is only one name on the ballot for a district office without an opponent the dis- trict chairman shall as soon as practicable after the primary election certify that the person on the ballot is the nominee of the party ami that there shall be no convention held for the purpose of declaring the result. SEC. 114a. Xo official ballot for primary election shall have on it any symbol or device or any printed matter except a primary test, to be uniform through- out the State, which shall read as follows : ''I am a (inserting name of the political party or organization of which the voter is a member) and pledge myself to support the nominees of this primary," and any ballot which shall not contain such test printed above the names of the candi- dates thereon shall be void and shall not be counted. Such ballot shall also contain the names and residences of the candidates. SEC. 115. On the first Saturday after primary election day for 1906, and each two years thereafter, there shall be held in each county a county con- vention of each party, to be composed of one delegate from each precinct in such county for each twenty-five votes or a major fraction thereof cast for the party's candidate for governor at the last preceding election, which delegates shall be elected by the voters of each precinct on primary election day in such manner as may be prescribed by the county executive committee at their meeting on the second Monday in June, which convention shall elect one delegate to the State and several district conventions for each three hundred votes or a major fraction thereof, cast for the party's candidate for Governor in such county at the last preceding general election, and the delegates to the said convention, so elected, or such of them as may attend the said convention, shall cast the vote of the county in such conventions. Immediately upon the ad- journment of each such county convention the president thereof shall make out, a certified list of the delegates to each of said conventions chosen by such 'county convention and shall sign the same, the secretary of such convention attesting his signature, and shall foward such certified list by sealed registered letter to the chairman of the State and district executive committees, who shall present the same to the respective committees at its meeting prior to the con- vention, and from such certified list the respective committee shall prepare a temporary roll of those selected as delegates to such convention; provided that no proxies shall be allowed to or recognized in any convention held by authority of this Act where a delegate from the county is present in the convention. SEC. 116. All party State conventions to announce a platform of principles and announce nominations for Governor and State offices shall, except as other- wise provided, meet at such places as may be determined by the parties respec- tively on the second Tuesday in August, A. D. 1906, and every two years there after, and they shall remain in session from day to day until all nominations are announced and the work of the convention is finished; provided, that said convention shall, among other things, elect a chairman of the executive committee and 31 members thereof, one from each senatorial district of the State, the members of said committee to be recommended by the delegates rep- resenting the counties composing the senatorial districts respectively, each county voting its convention strength, each of whom shall hold said office until his MIC cessor is elected, and in case of a vacancy, a .majority of the members of said committee shall fill the same by electing some eligible person thereto. SEC. 117. On primary election day in 1906 and every two years thereafter, candidates for Governor and for all other State offices to be chosen by a vote of the entire State, and candidates for Congress and all district offices to be chosen by the vote of any district comprising more than one county, to be nomi- nated by each organized political party that cast one hundred thousand votes or more at the last general election shall together with all candidates for offices to be filled by the voters of a county or of a portion of a county, be nominated in primary elections by the qualified voter? of such party. The chairman of the executive committee in each county shall, as soon as the vote cast in the pri- mary election has been counted and canvassed as herein provided for, prepare a tabulated statement of the votes cast in his county for each candidate for each nomination for a State, district, county or precinct office, and of that cast for county chairman, as shown by the canvass made by the county executive committee, and shall immediately mail such statement as to a otate or district office in a sealed envelope by registered letter to the chairman of the State executive committee, and district executive committee, respectively, who shall present the same to the State and district committee at its meeting to be held as herein provided; provided that the county executive committee may deter- 25 mine whether the nomination of county officers shall be by a majority or plurality vote in such county, and if by a majority vote, then the committee may call as many such elections as may be necessary to make such nomination. SEC. 118. Every certificate of nomination made by the president of the State convention or by the chairman of any executive committee must state when, where, by whom and how the nomination was made; and no name shall appear on the official ballot except that of a candidate who was actually nomi- nated in accordance with the provisions of this act. No executive committee shall ever have any power of nomination except where a nominee has died or declined the nomination as provided in Section 50 of this act. SEC. 119. On the Monday preceding the second Tuesday in August 1906, and every two years thereafter, the State executive committee shall meet at the place selected for the meeting of the State convention, and shall open and canvass the returns of the primary election as to nominations for State officers, as certified by the various county chairmen to the State chairman for each county, and shall prepare a tabulated statement showing the number of votes received by each such candidate in each county, which statement shall be ap- proved by the State committee and certified by" its chairman. At this meeting the State committee shall also prepare a complete list of the delegates elected to the State convention from each county as certified to the State chairman by each county chairman. The State chairman shall present said tabulated state- ment and said list of delegates to the chairman of the State convention imme- diately after its temporary organization on the following day, for its approval or disapproval. SEC. 120. The State convention shall canvass the vote cast in the entire State for each candidate for each State office as shown by the statement thereof presented to it by the State committee, and shall declare the candidate for each State office who has received the largest number of votes in the primary election for such State office the nominee of the party for such office and the chairman and secretary of the State convention shall forthwith certify all such nominations to the Secretary of State. Each county in the State or district convention shall be entitled to one vote for each five hundred votes or major fraction thereof cast for the candidate for Governor of the political party holding the convention at the last preceding primary election. In case at such primary election there were cast for such candidate for Governor less than five hundred votes in any county, then all such counties shall have one vote; pro- vided any political party in this State in convention assembled shall never place in the platform or resolutions of the party they represent any demand for specific legislation on any subject, unless the demand for such specific legis- lation shall have been submitted to a direct vote of the people, and shall have been endorsed by a majority vote of all the votes cast in the primary election of such party. Provided further, that all laws and parts of laws in conflict herewith be and the same are hereby repealed; provided that the State executive committee shall on petition of ten per cent of the voters of any party, as shown by the last primary election vote, submit any such question or questions to the voters at the general primary next preceding the State convention. SEC. 121. On primary election day, when candidates for State, district, county and precinct offices are nominated the voters, of each organized political party shall vote for a chairman of the county executive committee and the result shall be reported to the county clerk, and the county chairman thus elected shall at once enter upon the discharge of the duties of such position ; the said county chairman shall be ex officio a member of 'the executive com- mittee of all districts of which his county is a part, and the district committee thus formed shall elect its own chairman; and all chairmen and members of the different executive committees in existence when this law becomes effective shall remain in office until their successors are elected, as provided herein. SEC. 122. The places of holding primary elections of political parties in the various precincts of the State shall not be within one hundred yards of the place at which such elections or conventions are held by a different political party. When the chairmen of the executive committees of different parties can not agree on the places where precinct primary elections to be held on the same day shall be held such places in each precinct shall be designated by the county judge, who shall cause public notice thereof to be given at once in 26 some newspaper in the county, or if there he none, by posting notices in some public place in the precinct. SEC. 123. All the precinct primary elections of a party shall be conducted by a presiding judge to be appointed by a chairman of the county executive committee of the party with the assistance and approval of at least a majority of the members of the county executive committee. Such presiding judge shall select an associate judge and two clerks to assist in conducting the election; two supervisors may be chosen by any one-fourth of the party candidates, who with the judges and clerks shall take' the oath required of such officers in gen- eral elections. Two additional clerks may be appointed, but only when in the opinion of the presiding judge there will be more than one hundred votes polled at the primary election in the precinct. No one shall serve as judge, clerk or supervisor at a primary election unless he has paid his poll tax. The executive committee shall have general supervision of the primary in such county and shall be charged with the full responsibility for the distribution of all supplies necessary for holding same in each precinct to the presiding judge thereof. If the duly appointed presiding officer shall fail to obtain from the executive com- mittee the supplies for holding such election such committee shall deliver the same to the precinct chairman for such precinct, and if unable to deliver the same to such presiding officer or precinct chairman not less than twenty-four hours prior to the time of opening the polls for such primary, such committee shall deliver the same to any qualified voter of the party residing in such pre- cinct, taking his receipt therefor and appointing him to hold such election in case such presiding officer or precinct chairman shall fail to appear at the time prescribed for opening the polls. SEC. 124. No official ballot, either for a primary or general election shall have on it any symbol or device or any printed matter except that which is authorized by law, and no ballot cast in violation of this section shall be counted for any candidate. Provided, that the executive committee of the party for any county shall print on the primary ticket the names of all persons whose names, not less than thirty days prior to the day of the primary shall be requested to be printed thereon as candidates for United States Senator, and the executive committee shall forward to each nominee of the party for State Senator or Representative voted for by the others of such county, a certified statement of the vote cast in the county for each such candidate. SEC. 125. The polls at primary election shall be open at eight o'clock in the morning and closed at seven o'clock in the evening of the same day and the election shall be held for one day only. SEC. 126. Any one-fourth of the candidates whose names appear on the 'official ballot may on the day preceding the election or prior thereto agree, in writing signed by them, upon two supervisors who when selected shall be sworn as election officers and while the election is being held they shall remain in view of the ballot boxes until the count is concluded, and they shall report any fraud or irregularity occurring to the next grand jury. SEC. 127. The law prohibiting the sale of intoxicating liquor on election day applies to primary elections with all its prohibitions and the officers of pri- mary elections shall not, on primary election day, partake of spirituous, vinous, malt or intoxicating liquors after the polls are open. SEC. 128. The voting booths, ballot boxes and guard rails prepared for a . general election may be used by the organized political party nominating by primary election that cast over one hundred thousand votes at the last pre- ceding general election. SEC. 128a. Each and every incorporated town and city in the State of Texas, whether incorporated under general or special laws, may make nominations for office in the following manner: In each of said cities and towns there shall be an executive committee for each political party, consisting of a city chairman and one member for each ward in said city or town, and in case said city or town is not divided into wards, then there shall be selected four members of said committee in addition to the city chairman. In all cities and towns which now have a duly selected executive committee the same shall serve until the next city election, and in cities and towns having no executive committee the county chairman of the political party desiring to make nomina- tions in such cities and towns shall appoint an executive committee to serve until the next city election shall be held, and in each city and town in this 27 Stale in which a political party may desire to make nominations there shall be held, at least thirty days prior to" the regular election, an election at which there may be nominated by each political party, officer.-, to be selected at the next city election, and at which said election there shall be selected the execu- tive committee for said city or town herein provided for, and in all such city primary elections the provisions of the law relating to primary elections and general elections shall be observed. The executive committee herein provided for may decide whether or not nominations shall be made by such political party in such city or town, and in case it is decided that no nomination shall be made such executive committee shall call a meeting of the members of such political party at least thirty days prior to a regular election, at which a new executive committee shall be selected to serve during the ensuing term; provided, that this act shall not be construed to prevent independent candidates for city offices from having their names upon the official ballot, as provided for in Section 99 of this p.ct. SEC. 129. The county tax collector shall deliver to the chairman of the county executive committee of each political party, for its use in primary elections, at least five days before election day, certified lists of the qualified voters of each precinct in the county, arranged alphabetically and by precincts, who have paid their poll tax or received certificates of exemption, and it shall be the duty of such chairman to place the same in the hands of the election officers of each election precinct before the polls are open, and no primary .election shall be legal unless such list is obtained and used for reference during the election. For each list of all the qualified voters of the county who have paid their poll taxes and received their certificates of exemption, the collector shall be permitted to charge not more than five dollars, the same to be paid by the party or its chairman so ordering said lists; provided, that the charge of five dollars shall be in full for the certified lists of all the voters of the county arranged by precincts, as above provided. SEC. 130. All ballots given to the election judges of the precinct by the executive chairman or some member of the executive committee shall be used and accounted for as in general elections. SEC. 131. All returns of precinct primary elections properly signed and cer- tified as correct by the judges and clerks thereof, showing the vote cast for eacli candidate, shall be sealed and immediately delivered after such primary election to the chairman of the county executive committee of the party. Such party chairman shall give notice to the members of the county executive com- mittee to assemble at the county seat of the county on the first Saturday after the first primary election, and said returns shall then be open under the direc- tion of such executive committee and canvassed by them. They shall then make a list of the candidates who have received the highest vote for office and the chairman of the executive committee shall certify to the same and deliver it to the county clerk of the county, who shall cause the names of the candi- dates who have received the necessary vote to nominate as directed by the county executive committee for each office to be printed in some newspaper published in the county, and if no newspaper be published in a county then he shall post a list of such names in at least, five public places in the county, one of which shall be upon the door of the court house in said county; provided, that all objections to the regularity or validity of the nomination of any person whose name appears in said list shall be made within five days after such printing or posting by a notice in writing filed with the county clerk, setting forth the grounds of objections. In case no such objection is filed within the time prescribed, the regularity or validity of the nomination of no person whose name is so printed or posted shall be thereafter contested. After said names have been so printed or posted for the period above required, the said clerk shall cause said names to be printed on the official ballot in the column for the ticket of that party; provided, that as to candidates for Governor or for an office to be filled by all the voters of the State or of any district composed of more than one county, the chairman of the county executive committee and its secretary shall certify the number of votes cast for each of such candidates and cause the same to be published in some newspaper of the county, if there be one, and deliver his certificate of the vote cast for each candidate for such office to the president of the next State convention of the party in the manner required elsewhere in this act, and certify the vote cast for each district office 28 to the chairman of the district committee; provided, that nothing in this sec- tion shall prevent the holding of the county convention at the time named in this section for the meeting of the executive committee for the purpose of count- ing and declaring the result, but the chairman of the executive committee shall certify the result as above required. SEC. 132. It shall be the duty of the county clerk of each county to post in a conspicuous place in his office for the inspection and information of the public the names of all candidates that have been lawfully certified to him to be printed on the official ballot for at least ten days before he orders the same to be printed on said ballot, and he shall order all the names of the can- didates so certified printed on the official ballot as herein otherwise provided, and in case the county clerk refuses or willfully neglects to comply with this requirement he shall be guilty of a misdemeanor, and shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollar-. or to hard labor on the public roads of the county in which the offense was committed, for any period of time not less than sixty days nor more than one year, or both of such penalties. SEC. 133. If on counting the vote in a primary election it shall appear that for a county or precinct office the largest vote has been cast for two candidates for the same office and that they have each received the same number of votes, the chairman of the executive committee shall in the presence of the executive committee or the county convention (as the case may be) cast lots for the nomination in such manner as they may direct and in the presence of the rival candidates if they desire to be present and declare and certify the result of that candidate who is successful by lot. SEC. 134. Judges of primary elections have the same authority and it shall be their duty to administer oaths, to preserve order at the election, to appoint special officers to enforce the observance of order and to make arrests as is conferred on judges of general elections. Such judges and officers shall compel the observance of the law that prohibits loitering or electioneering within one hundred feet of the entrance of the polling place and shall arrest or cause to 'be arrested any one engaged in the work of conveying voters to the polls in carriages or other mode of conveyance except as permitted by this act. SEC. 135. The same precautions required by law to secure the purity of the ballot box in general elections in regard to the ballot boxes, locking the ballot boxes, sealing the same, watchful care of them, the secrecy in preparing the ballot in the booth or places prepared for voting, shall be observed in all pri- mary elections. SEC. 136. Returns shall be made within four days to the chairman of the executive committee by the precinct judges of the ballot boxes containing the ballots voted, locked and sealed, tally sheets, return sheets, ballots mutilated and defaced, and ballots not voted, for which he shall account to the executive committee of the county. SEC. 137. No immaterial error made by any officer of a primary election or any immaterial violation of the primary election laws by an elector shall vitiate any election held under this act., nor be the cause of throwing out the vote of any election precinct. SEC. 138. No more than three ballots in succession shall be furnished a voter who mutilates or otherwise spoils his ballot, and the judges may, as in general election, require a voter before he receives an official ballot to surrender to them any ballot or paper on which is written or printed any names for which the voter has agreed to vote or been requested to vote. SEC. 139. Any political party desiring to elect delegates to a national con- vention shall hold a State convention at such place as may be designated by the State executive committee of said party on the fourth Tuesday of May, 1908, and every four years thereafter. Said convention shall be composed of delegates duly elected by the voters of said political party in the several counties of the State at primary conventions to be held on the first Saturday in May, 1908, and every four years thereafter. Said primary convention shall be held between the hours of 10 o'clock a. m. and 8 o'clock p. in. These primary conventions shall elect delegates to the county convention of the several counties, which shall be held on the first Tues- day after the first Saturday in May, 1908, and every four years thereafter. The qualified voters of each voting precinct of the county shall assemble on 29 the date named and shall U presided over by a chairman who shall have been previously appointed by the county executive committee of the party and shall be a qualified voter in said election precinct and said convention may elect from among their number a secretary and such other officers as may be necessary to conduct the business of the convention. The chairman of said convention shall possess all the power and authority that is given to election judges under the provisions of this act. Before trans- acting any business the chairman shall make or cause to be made a list of all qualified voters present and the name of no person shall be entered upon said list nor shall he be permitted to vote or to participate in the business of such convention until it is made to appear that he is a qualified voter in said precinct from a certified list of qualified voters the same as is required in conducting a general election. After the convention is organized as above provided it shall elect its dele- gates to the county convention and transact such other business as may prop- erly come before it. The officers of said convention shall keep a written record of its proceedings, including a list of the delegates elected to the county convention, which record shall constitute the returns from said convention. The same shall be signed officially, sealed up and safely transmitted by the officers thereof to the chair- man of the county executive committee of the party and to be used by the executive committee in making up a roll of the delegates to the county conven- tion. SEC. 140. Whenever delegates are to be selected by any political party to any State or county convention by primary election or primary convention or can- didates are instructed for or nominated it shall be the duty of the chairman of the county or precinct executive committee of said political party upon the application of ten per cent of the members of "said party (who are legally qualified voters in said county or precinct) to submit at the time and place of selecting said delegates any proposition, desired to be voted upon by said voters, and the delegates selected at that time shall be considered instructed for whichever proposition for which a majority of the votes are cast; provided, that the number of voters belonging to said political party shall be determined by the votes cast for the party nominee for Governor at the preceding election ; and provided further, that said application is filed with the county or precinct chairman at least five days before the tickets are to be printed, and the chairman may require a sworn statement that the names of said applicants are genuine. SEC. 141. All contests for a primary election or nomination of a convention, based on charges of fraud or illegality in the method of conducting the election, or fraud or illegality in selecting the delegates to the convention, or in certify- ing to the convention, or in nominating candidates in State, district, county or municipal conventions, or in issuing certificates of nominations from such con- ventions the same shall be decided by the executive committee of the State, district, county or municipal, as the nature of the office may require, each executive committee having control in its own jurisdiction. The complaining candidate shall within five days after the result has been declared by the committee of the convention cause a notice to be served on the chairman or some member of the executive committee in which he shall state specifically the grounds of his contest; also shall serve or cause to be served on the opposing candidate a copy of such notice, at least five days prior to the date set for hearing by the committee. If special charges of fraud or illegality in the con- duct of the election or in the manner of holding the convention, or in the manner of making nominations are made and not otherwise, the chairman, or in case he fails or refuses, any member of the committee shall within ten days after the primary election, or the convention, convene the executive committee, who shall then examine the charges, hear evidence and decide in favor of the party who, in their opinion, was nominated in the primary election or in the convention, provided that before any advantage can be taken of the disregard or violation of any directory provision of the law,, it must appear that but for such disregard or violation the result would have been different. In all con- tests between candidates for State office, the committee shall hold its hearing in the city of Austin, Travis county, unless some other place is agreed upon by the parties, and in all contests between candidates for any district, county 30 or municipal or precinct office the committee may hold its hearing at its elec- tion either in the county of the residence of the contestee, or in any county where the fraud or illegality complained of is alleged to have occurred, or at such other place as the parties may agree upon. When the committee lias de- cided the contest, the executive chairman shall immediately certify their finding to the officers charged with the duty of providing the official bnllot, and the name of the candidate in whose favor the executive committee shall find,, shall be printed on the official ballot for the general election. The executive com- mittee may, if, in their opinion, the ends of justice require it. unlock and unseal the ballot boxes used in the precinct where fraud or illegality is charged to have been used, and examine their contents, after which they shall be sealed and delivered to the county clerk. The certificate of nomination issued by the president or chairman of the nominating convention shall be subject to review upon allegations of fraud or illegality mentioned in this section and other provisions of the Act of 1905, both by the courts and executive committees, and the courts and such executive committees are hereby given concurrent jurisdiction. SEC. 142. Any executive committee or committeeman or primary election officer or other person herein charged with any duty relative to the holding of the primary election or the canvassing determination or declaration of the result thereof may be compelled by mandamus to perform the same in accordance with the provisions of this act. SEC. 143. Ballot boxes after being used in primary elections shall be re- turned with the ballots cast, or contained in each box as they were deposited by the election judges, locked and sealed, to the county clerk, and unless there be a contest for a nomination in which fraud or illegality is charged they shall be unlocked and unsealed by the county clerk and their contents destroyed by the county clerk and the county judge without examination of any ballot, at the expiration of sixty days after such primary election. PAYING FOB ELECTION SUPPLIES AND' FOB OFFICIAL SEBVICES. SEC. 144. The collector of taxes shall be paid fifteen cents for each poll tax receipt and certificate of exemption issued by him to be paid pro rata by the State and county in proportion to the amount of poll tax received by each, and this shall include his compensation for administering oaths, furnishing certified lists of qualified voters in election precincts for use in all general elections and primary conventions, when desired, and for all duties required of him under this act provided, that collectors whose salaries are fixed by what is known as the fee bill, shall receive ten cents for each poll tax receipt and certificate of exemption issued by him, and such fees shall be ex officio and not accountable under said fee bill. SEC. 145. The sheriff or any constable for serving copies of the order desig- nating the bounds of election precincts, or the election judges, posting notices and for serving all other writs or notices prescribed by this act, shall be paid the amounts allowed by statutes for serving civil process. For delivering elec- tion supplies to precinct judges, when they are not obtained by such judges in person he shall be paid such amount as may be allowed by the commissioners court, not to exceed two dollars for each election precinct. SEC. 146. Judges and clerks of general and special elections shall be paid two dollars a day each, and the judge who delivers the returns of election im- mediately after the votes have been counted shall be paid two dollars for that service, provided the polling place of his precinct is at least two miles from the court house, and provided also he shall make returns of all election supplies not used when he makes return of the election. SEC. 147. All expenses incurred in providing voting booths, stationery. official ballots, wooden or rubber stamps, tally sheets, polling lists, instruction cards, ballot boxes, envelopes, sealing wax and all other supplies required for conducting a general or special election shall be paid for by the county, except the cost of supplying booths for cities, which shall be provided for as required by former laws; provided, that all accounts for supplies furnished or services rendered shall first be approved by the county commissioners court, except the accounts for voting booths for cities 31 PENALTIES. SKC. 148. Any person who is found guilty of a misdemeanor under this act >hall be subject to a fine of not less than two hundred dollars nor more than live hundred dollars, or to hard labor on the public roads of the county in which the offense was committed for any period of time not less than sixty days nor more than one year, or to both such penalties. Six . 140. Any person who at a general, special or primary election willfully votes or attempts to vote in any other name than his own, or who votes or attempts to vote more than once is guilty of a misdemeanor. SKC. 150. Any person who fraudulently or willfully does anything in viola- 1 ion of this act to affect the result of any primary, special or general election is guilty of a misdemeanor unless some other penalty for such act is specially provided for. SEC. 151. Any person who being an officer, clerk or employe of the county collector of taxes, precinct jud^e or clerk of election who knowingly puts in the certified list of qualified voters of a precinct any other number than that written when the poll tax receipt or certificate of exemption was issued; or who knowingly delivers to or receives from any voter any poll tax receipt or certificate of exemption on which is placed any other name than that first written when it was issued, is guilty of a misdemeanor. SEC. 152. Any collector of taxes, or any one in his employ, who willfully fails or refuses to transcribe correctly from the original poll tax receipt or certificate of exemption and insert in the duplicate retained in the col- lector's office the name and other description of the citizen required by law to be given by him, or who fails to transcribe correctly from the duplicate kept in the collector's office and insert in the list of qualified voters of a pre- cinct the name and description of the citizen as contained in said duplicate, or who issues a poll tax receipt after the first day of February in any year, bearing a date prior to the first day of February, or who willfully fails to keep said original duplicate securely locked up when the same are not being used or permits them to be mutilated, defaced,, lost or destroyed, or who conceals, alters or destroys them, is guilty of a misdemeanor. SEC. 153. Any judge or clerk of an election, chairman or member of a paty executive committee, or officer of a primary, special or general election, who willfully makes any false canvass of the votes cast at such election, or a false statement of the result of a canvass of the ballots cast, is guilty of a felony, and upon conviction shall be punished by confinement in the penitentiary not less than two years nor more than five years, SEC. 154. Any judge, clerk, chairman or member of an executive committee, collector of taxes, county clerk, sheriff, county judge or judge of an election, president or member of a State convention, or Secretary of State who willfully , fails or refuses to discharge any duty imposed on him by this law, is guilty of a misdemeanor unless the particular act under some other section of the law is made a felony. SEC. 155. Any judge of an election or primary who willfully or knowingly permits a person to vote, whose name does not appear on the list of qualified voters of the precinct, and who fails to present his poll tax receipt or certifi- cate of exemption, or makes affidavit of its loss or that it was misplaced, or inadvertently left at home, except in cases where no certificate of exemption or tax receipt is required, is guilty of a misdemeanor. SEC. 156. Any judge, clerk, supervisor or other person who may be in the room where an election, either primary, special or general, is being held, who there indicates by a word, writing, sign or token how he desires a citizen to vote or not to vote, shall be fined not less than two hundred nor more than five hundred dollars, and shall in addition be confined in jail or worked as a convict on the public road not less than ten nor more than thirty days. SEC. 157. Any person who knowingly becomes agent to obtain a poll tax receipt or certificate of exemption, except as provided by this act, or any one who gives money to another to induce him to pay his poll tax is guilty of a disdemeanor. SEC. 158. If any person intrusted with the transmission to the precinct election judge of official ballots, sample cards, instruction cards, distance mark- ers or other election supplies or who, being entrusted with the same, willfully 32 fails to deliver or return the same, or does any act to defeat the delivery or return of the same,, or being a person to whom may be legally intrusted" the ballots cast at an election, shall open and read a ballot, or permit it to be done, is guilty of a misdemeanor. SEC. 159. Any person who shall do any electioneering or loitering within one hundred feet of the entrance of the place where the election is to be held or who shall hire any vehicle for the purpos of conveying voters to the polling place, or shall willfully remove any ballots from the polling place, except as permitted by law, except when in marking, or who being a voter shall show his ballot so as to reveal the vote cast by him or marks it otherwise than is re- quired by law for identification, or who being a voter shall deliver to the pre- cinct judge of election any other ballots than the one delivered to him by the judge at the polling place, is guilty of a misdemeanor. SEC. 160. Any person who lends or contributes or offers or promises to lend or contribute or pay any money or other valuable thing to any voter, to influ- ence the vote of any other person, whether under the guise of a wager or other- wise, or to induce any voter to vote or refrain from voting at an election for or against any person or persons, or for or against any particular proposition submitted at an election, or to induce such voter to go to the polls or to remain away from the polls at an election, or to induce such voter or other person to place or cause to be placed his name unlawfully on the certified list of qualified voters that is required to be furnished by the county tax collector, is guilty of a felony, and on conviction shall be punished by confinement in the peni- tentiary not less than one year nor more than five years, and in addition shall forfeit any office to which he may have been elected at the election with refer- ence to which such offense may have been committed, and is rendered incapable of holding any office under the State of Texas. SEC. 161. Any person who gives or offers to give any office, employment or thing of value, or promises to secure any office, thing of value or employment to or for any voter or to or for any other person to vote or refrain from voting at an election for or against any person, or for or against any proposition sub- mitted at an election, or to obtain his certificate of exemption, is guilty of a felony and upon conviction shall be punished by confinement in the peniten- tiary not less than three nor more than five years, and in addition shall forfeit any office to which he may have been elected, and becomes ineligible to any office to which he may have been elected, and becomes ineligible to any other public office. SEC. 162. The penalty prescribed in the last preceding section against those who violate any of its provisions shall be imposed on any one who receives or agrees to receive any money, gift, loan or other thing of value, for himself or any other person, for voting, or agreeing to vote, for going or agreeing to go to the polls on election day, or for remaining away, or agreeing to remain away from the polls on election day, or for refraining or agreeing to refrain from obtaining his poll tax receipt 'or certificate of exemption,, or for obtaining or agreeing to obtain the same, or for voting or agreeing to vote for or against any particular person or proposition submitted to a vote of the people. SEC. 163. Any candidate for any public office who fails to file with the county judge of his county within ten days after the date of a primary or general election an itemized statement of all money or things of value paid or promised bv him before or during his candidacy for such office,, including his traveling expenses, hotel bills and money paid to newspapers, and make affidavit to the correctness of such account, showing to whom paid or promised, whether he was elected or not, is guilty of a mKlomeunor. and on conviction shall be fined not less than two hundred nor more than five hundred dollars, may be sentenced to work on the county roads not less than thirty days nor more than twelve months. SEC. 164. Any candidate for office or other person who pays or procvires another to pay th,e poll tax of a citizen, except as is permitted by law, is guilty of a felony, and shall be punished by confinement in the penitentiary not less than two nor more than five years. SEC. 165. When two persons are parties to the same act in violating any provisions of the election laws of this State, either party may be required to testify regarding the same, but the one testifying shall not thereafter be prose- cuted for such illegal act. SEC. 1015. The offenses and penalties mpel or induce any officer, clerk or employe of the State, or any political sub- division thereof, to subscribe, pay or promise to pay, any political assessment, shall be guilty of a misdemeanor. SEC. 191. Any person who, while holding a public office, or seeking a nomi- nation or appointment thereof, corruptly uses or promises to use "directly or (directly, any official authority, or influence possessed or anticipated, in " any way to aid any person in securing an office or public employment, or any nomi- nation, confirmation, promotion, appointment or increase of salary, upon con- sideration that the vote or political influence or action of the person so to be nted, or any other person, shall be given or used in behalf of any candidate, officer or party, or upon any other corrupt consideration, is guilty of a mis- demeanor. SEC. 192. Any head of any of the departments of State, or other public iicer, who shall demand or receive any money or thing of value from any clerk r other person in his office, for his election expenses, or to reimburse him for money already expended, or who shall remove from any office any competent clerk who declines to make such contribution, shall be deemed guilty of a mis- demeanor. SEC. 193. Any person who knowingly and willfully procures from any court clerk or other officer a certificate of naturalization, which has been allowed, 36 signed or sealed in violation of tlio laws of the United States or of this State, with intent to enable him or any other person to vote at any election, when he or such person is not entitled by the laws of the United States to bec"ome a citizen or to exercise the elective franchise, is guilty of a felony, and upon conviction shall be punished by confinf-ment in the penitentiary not less than five nor more than ten years. SEC. 194. This act is cumulative as to elections and penalties for violating the election laws of this Stale; except that it shall repeal the election act approved by the Governor April 1, 1903; provided, that this act shall not interfere with or repeal any lo-al option or special laws of this State, except as herein specially provided ami set forth. C 09337 YC 09337 257179