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 1963 
 
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NEW HAMPSHIRE 
 
 'RIM ARY AND ELECTION 
 
 LAWS 
 
 PUBLISHED BY 
 
 EDWIN C. BEAN 
 
 SECRETARY OF STATE 
 
 1922 
 
 4798 
 
NEW HAMPSHIRE 
 
 PRIMARY AND ELECTION 
 
 LAWS 
 
 PUBLISHED BY 
 
 EDWIN C. BEAN 
 
 SECRETARY OF STATE 
 1922 
 
Printed by % 
 
 LEW A. CUMMINGS CO., 
 MANCHESTER, N. H. 
 
 Bound by 
 
 CRAGG BINDERY 
 CONCORD, N. H. 
 
Rights and Qualifications of \ otei s 
 
 Constitutional Bill of Rights, Article XI. All elections 
 ought to be free; and every inhabitant of the state, having 
 the proper qualifications, has equal right to elect and be 
 elected into office; but no person shall have the right 
 to vote, or be eligible to office under the constitution 
 of this state, who shall not be able to read the consti- 
 tution in the English language, and to write; provided, 
 Jiowever, that this provision shall not apply to any per- 
 son prevented by a physical disability from complying with 
 its requisitions, . . . and provided, further, that no person 
 shall have the right to vote, or be eligible to office under the 
 constitution of this state who shall have been convicted of 
 treason, bribery, or any willful violation of the election laws 
 of this state or of the United States; but the Supreme Court 
 may, on notice to the Attorney-General restore the privileges 
 of an elector to any person who may have forfeited them by 
 conviction of such offenses. 
 
 P. S., CHAP. 31, SECTION 1. Every male tinhabitant of 
 each town, being a native or naturalized citizen* of the 
 
 f'Male" provision superceded by woman suffrage amendment 
 to U. S. constitution. 
 
 WHO ARE CITIZENS? 
 
 *Persons born outside of the United States, whose fath- 
 ers were at the time of their birth citizens of the United 
 States, are themselves citizens; but citizenship does not 
 descend to children whose father never resided in the United 
 States. 
 
 A woman, who marries a citizen and who might herself 
 be lawfully naturalized shall be deemed a citizen; and it 
 is immaterial that she never came to the United States until 
 after the death of her husband. His becoming a citizen 
 makes her a citizen if she is capable of being naturalized, that 
 is if she is a free white woman. But if the husband's 
 citizenship or naturalization is not complete before his death, 
 he having declared his intention only, his widow and minor 
 children may become citizens by taking the oath prescribed 
 by law. And an alien becoming a citizen by marrying a citi- 
 zen, becomes an alien again if upon his death she marry an 
 alien, her status still following that of her husband. 
 
 M147325 
 
United States, of the z.gb of twenty-one years and upward, 
 excepting paupers and persons excused from paying taxes at 
 their own request, shall have a right, at any meeting, to vote 
 in the town in which he dwells and has his home. 
 
 SECT. 2. No person shall be considered a pauper with- 
 in the meaning of the preceding section unless he has 
 been assisted as such within ninety days prior to the meet- 
 ing in which he claims the right to vote. 
 
 SECT. 3. No soldier or sailor who served in the late 
 Rebellion and has been honorably discharged shall be deprived 
 of his right to vote by reason of having received assistance 
 from any town or county. 
 
 SECT. 4. No person shall be deprived of his right to vote 
 by reason of having been excused from paying taxes in any 
 town at his own request, if he shall, before he offers to 
 vote, tender payment of all taxes assessed against him during 
 the year prior to his offer to vote, to the moderator, to the 
 collector of taxes, or to one of the selectmen, and, at the 
 time he offers to vote, present evidence of such tender. 
 
 SECT. 5. No person shall be deprived of his right to vote by 
 reason of having received assistance from any town or county, 
 for himself or family, within ninety days, if he shall tender 
 payment as aforesaid of all reasonable expenses which euch 
 town or county has incurred for such assistance within said 
 time, but, upon making such tender, shall have his name 
 placed upon the check-list, and his vote shall be received. 
 
 SECT. 6. Any money received under ths provisions of the 
 two preceding sections shall be paid to the town or county 
 entitled thereto by the person .receiving the same. 
 
 SECT. 7. No alien not naturalized shall be entitled to vote 
 at any town meeting. 
 
 If a father is naturalized, his minor children become citi- 
 zens if they are dwelling within the United States at the 
 time of his naturalization ; and so of the minor children of a 
 widow who is naturalized. 
 
 Superior courts are courts of naturalization in New Hamp- 
 shire. 
 
RESIDENCE DEFINED. 
 
 SECT. 8. No person shall be considered as dwelling or 
 having his home in any town, for the purpose of voting ocr 
 being voted for at any meeting unless he shall have resided 
 within such town six months next preceding the day of 
 meeting; provided, however, that any legal voter moving from 
 one ward to another ward in the same city, or from one city 
 or town to another city or town, within six months next prior 
 to any election, shall not be deprived of the right of voting 
 at such election, in the ward, city, or town from which ha 
 removed, if prior to such removal he shall file a declaration 
 in writing with the clerk of the city or town from which he 
 is to remove, that he intends to vote at such election in the 
 ward and city or town from which he removed. 
 
 SECT. 9. A residence acquired by any person in any town 
 shall not be interrupted or lost by a temporary absence there- 
 from, with the intention of returning thereto as his home. 
 
 SECT. 10. Any person who shall exercise the privilege of 
 voting at an election in any town within this or any other 
 state shall be deemed by that act to have elected such town 
 to be his legal residence for the purpose of voting, and shall 
 thereafter be disqualified to vote in any other town until he 
 shall have gained a new residence as hereinbefore provided. 
 
 Supervisors and the Check-list 
 
 P. S., CHAP. 32, SECTION 1. A board of supervisors of the 
 check-list, consisting of three legal voters in each town, 
 shall be chosen at each biennial election ; but no person shall 
 be supervisor and selectman at the same time. No super- 
 visor shall act as moderator, clerk or ballot inspector. 
 
 SECT. 2. They shall be sworn before entering upon the 
 discharge of their duties. 
 
 SECT. 3. They shall hold office for two years and until 
 others are chosen and qualified in their stead. 
 
 SECT. 4. Vacancies in the board may be filled by the 
 remaining members; if not filled by them seasonably for the 
 performance of the duties of the office, or if the whole board 
 
shall be vacant, the selectmen shall make the appointments. 
 In all cases appointments shall be made in writing and be 
 recorded, and the appointees shall hold office for the unex- 
 pired term. 
 
 MAKING UP CHECK-LIST. 
 
 SECT. 5. The board shall make and post, at two pr more of the 
 most public places in town, a complete alphabetical list of 
 all the legal voters in the town, fourteen days before the day 
 of any election at which such list is to be used. 
 
 Supervisors of the check-list shall prepare and post check- 
 lists for use at the annual town meetings in March, in the same 
 manner as they were required to do when moderators were 
 chosen at such annual town meetings; and all provisions of 
 the Public Statutes applicable to the preparation and posting 
 of check-lists for biennial elections shall apply to annual town 
 meetings. 
 
 SECT. 6. They shall be in session for the correction of the 
 check-list, at some suitable place in town, two days at least, 
 before the day of the election, one of which shall be the day 
 next preceding that of election and upon which all hearings 
 shall be closed. If the town has more than six hundred legal 
 voters, the first session shall be upon the Tuesday next preceding 
 the day of election, and shall be adjourned from day to day 
 until all claims have been heard and decided. Notice of the 
 day, hour, and place of each session shall be given upon the 
 posted check-lists. 
 
 NAMES TO GO ON CHECK-LIST. 
 
 SECT. 7. The supervisors shall hear all applications for a 
 correction of the check-list, and the evidence submitted thereon 
 and shall correct it according to their best knowledge, so that 
 it shall contain the names of those persons only who are 
 legal voters in the town. They may administer oaths to per- 
 sons who appear to testify before them. The qualifications of 
 an applicant shall be determined by the supervisors, who shall 
 examine him under oath relative thereto, and shall, unless he is 
 prevented by physical disability, or unless he had the right 
 to vote, or was sixty years of age or upwards, on the first 
 
day of January in the year nineteen hundred and four, require 
 him to write and to read in such manner as to show that he 
 is not being assisted in so doing and is not reciting from 
 memory. Supervisors shall be provided by the secretary of 
 state with a copy of the constitution of the state printed on 
 uniform pasteboard slips, each containing five lines of the 
 constitution, printed in double small pica type and suitable 
 writing books in which to write. The supervisors shall place 
 said slips in a box provided by the secretary of state, which 
 shall be so constructed as to conceal them from view. Each 
 applicant shall be required to draw one of said slips from 
 the box and read aloud the five lines printed thereon and to 
 write one line printed on said slip and sign his name thereto, 
 in full view and hearing of the supervisors. Each slip shall 
 be returned to the box immediately after the test is finished, 
 and the contents of the box shall be shaken up by a super- 
 visor before another drawing is made. No person failing to 
 read the constitution as printed on the slip thus drawn, and 
 to write as aforesaid, shall be registered as a voter. The 
 supervisors shall keep said slips in said box at all times. The 
 secretary of state shall upon request provide new sMps and 
 writing books to replace those used up, worn out, or lost. 
 
 SECT. 8. If the supervisors at any session holden for the 
 coreection of the check-list, on receiving satisfactory evidence 
 tha\t any person whose name is on the list is not a legal voter, 
 shall neglect or refuse to erase such name from the list, or 
 shall neglect or refuse to insert on the list the name of any 
 person who is a legal voter, having satisfactory evidence 
 thereof, or shall neglect or refuse to hear or examine any 
 evidence offered for such purpose in either of the cases 
 aforesaid or shall at any time insert on the list the name of 
 any person not a legal voter, knowing such to be the case, 
 or shall knowingly erase therefrom or omit to insert the name 
 of any legal voter, he shall be fined not more than fifty dol- 
 lars for each offense. 
 
 SECT. 9. On the day of election, before opening the meet- 
 ing, they shall subscribe and make oath to the following 
 certificate on the back of the check-list, as corrected by them: 
 We, the supervisors of the check-list of the town (or ward) of 
 
8 
 
 , do solemnly swear, that, according to our best 
 
 knowledge, the within list contains the names of those persons 
 only who are, by actual residence, legal voters in said town 
 (or ward). So help us, God. 
 
 They shall hie a true copy of the corrected list, attested by 
 them, with the town clerk. Any person who swears falsely 
 in making such certificate shall be guilty of perjury. 
 
 SECT. 10. The check-list, as corrected by the supervisors, 
 shall be open for the examination of every citizen at all 
 times before the opening of the meeting. 
 
 SECT. 11. The check-list shall be used in the election of 
 moderator and supervisors, except moderator pro tempore. 
 
 SECT. 12. All persons whose names are entered upon the 
 check-list as thus corrected shall be deemed to be legal voters 
 in the town; and no person whose name is not upon the 
 list shall be allowed to vote unless his name was left off by 
 mistake, and his right to vote was clearly known to the super- 
 visors before the check-list was originally posted. 
 
 SECT. 13. The supervisors shall be present at the opening 
 of each town-meeting at which a check-list is to be used, and 
 have with them the corrected check-list for that meeting, and 
 shall remain in attendance upon the meeting until its close. 
 
 PRESERVATION OF CHECK-LISTv. 
 
 SECT. 14. The check-list used at any town meeting shall be 
 preserved in the custody of the town clerk, for future ref- 
 erence. Supervisors of towns and corresponding officers of 
 cities shall, on or before January 1 succeeding each presidential 
 election hereafter, send to the New Hampshire Historical So- 
 ciety and to the State Library each a copy of the check-list 
 used in said presidential election duly and properly certified 
 by sueh supervisors. 
 
 Caucuses and Conventions 
 
 LAWS 1905, CHAP. 93, SECTION 1. All town and ward 
 caucauses shall, be called by a notice posted in five conspic- 
 uous places in the town or ward, one erf which places shall 
 be the postoffice, if there is one in said town or ward, and 
 
published in some newspaper, if there be any, published in 
 the town or city, ten days or more before the day of the 
 caucus. 
 
 SECT. 2. Said notice shall specify the place and the day 
 and hour of meeting, and shall further state the time during 
 which the polls shall be open for the reception of ballots, 
 which at caucuses for the election of delegates to conventions 
 shall be fixed by the executive committee of the party in the 
 town or ward holding the caucus, but in no case shall the 
 time during which the polls shall be open be less than one 
 hour. At all other caucuses the time shall be, in towns and 
 wards having not more than two thousand inhabitants accord- 
 ing to the last preceding national census, not less than two 
 hours, and in towns and wards having more than two thousand 
 inhabitants according to such census, not less than three 
 hours. 
 
 SECT. 3. All nominations and elections at any caucus shall 
 be by ballot, and in balloting a check-list shall invariably be 
 used; a plurality shall in every case be sufficient to nominate 
 or elect. 
 
 PREPARATION OF CHECK-LIST. 
 
 SECT. 4. The check-list for use at any caucus shall be 
 prepared by the local executive committee of the party holding 
 said caucus. Notice of the times and places where the 
 executive committee will attend for the purpose of receiving 
 evidence and suggestions as to the make-up of the check-list, 
 shall be given in the same manner as notice of the caucus is 
 required to be given. No man shall be allowed to vote in the 
 caucus unless his name is on the said check-list. No name 
 shall be placed on the check-list after the hour for the opening 
 of the caucus has arrived except the name of a person whose 
 right to vote in the caucus is well known to the executive 
 committee. 
 
 PARTY COMMITTEES IN CHARGE. 
 
 SECT. 5. The local executive committee of the party holding 
 the caucus shall have full power to regulate the form, size, 
 
10 
 
 and character of the ballots to be used, and also to regulate 
 the manner of conducting the caucus, in any way consistent 
 with the provisions of this act. 
 
 WHO MAY VOTE? 
 
 SECT. 6. No person shall vote in any caucus unless his 
 name is on the check-list used by said caucus, or upon the 
 name of any other person, and no person shall vote in the 
 caucus of more than one political party, or having voted in 
 the caucus of a political party sign the nomination papers of 
 any other political party. 
 
 SECT. 7. No person shall vote in any caucus unless he 
 intends to support the ticket of the party holding the caucus 
 at the next ensuing election. When the right of any person 
 to vote in a caucus is challenged he shall stand aside and sub- 
 scribe to the following oath or affirmation before his vote 
 shall be received : 
 
 I, , do solemnly swear (or affirm) that I am a legal 
 
 voter in , and that I intend to vote the ticket of 
 
 the party holding this caucus at the next ensuing election. 
 
 Any person who shall violate any of the provisions of this 
 act shall be punished by a fine not exceeding one hundred 
 dollars or by imprisonment not exceeding thirty days. Any 
 person who shall swear falsely in regard to the provisions of 
 this act shall be guilty of perjury and punished accordingly. 
 
 PRESERVATION OF CHECK-LIST. 
 
 SECT. 8. The presiding officer of every caucus shall, within 
 forty-eight hours after the close of said caucus, file with the 
 clerk of the city or town in which such caucus was held, the 
 check-list used in said caucus, and the said clerk shall keep 
 the same for the full period of two calendar months thereafter, 
 in his office, open to the inspection of every citizen of such 
 city or town, and shall not make nor permit to be made upon 
 such check-list any mark whatever. 
 
 NOMINATIONS TO BE CERTIFIED. 
 
 SECT. 9. In filing nominations with the secretary of state 
 the presiding officer of the caucus shall certify that the caucus 
 
11 
 
 was called and conducted according to the provisions of this 
 act. If nominations are not accompanied by such certificate 
 they shall not be placed upon the official ballot. 
 
 CAUCUS LAW IN FORCE, WHERE? 
 
 SECT. 10. This act shall be in force in all cities of twelve 
 thousand inhabitants and towns of forty-five hundred inhabi- 
 tants, and in such other cities and towns of the state as shall 
 by majority vote of the voters at an annual or biennial meet- 
 ing adopt the same. 
 
 
 Direct Primary Law 
 
 LAWS 1909, CHAP. 153 (as amended), SECTION 1. The 
 words and phrases of this act shall, unless the same be incon- 
 sistent with the context, be construed as follows: 
 
 (1) The word "primary," the primary election provided 
 for by this act; 
 
 (2) The word "election," the general election held in 
 November, as distinguished from the primary election; 
 
 (3) The word "party," any political organization which at 
 the preceding election polled at least three per centum of the 
 entire vote of the state given in for governor; 
 
 (4) The word "supervisors," all officers performing the du- 
 ties of supervisors. 
 
 SECT. 2. This act shall not apply to special elections to 
 
 fill vacancies, nor to city, town, and school district elections 
 
 except as to elections of moderator and supervisors of the 
 
 check-list, and ward clerks in cities, who shall be elected at 
 each biennial election. 
 
 METHODS OF NOMINATION. 
 
 SECT. 3. Hereafter all candidates for elective offices shall 
 be nominated: 
 
 (1) By a primary held in accordance with this act, or 
 
 (2) By nomination papers signed and filed as provided by 
 existing statutes. 
 
 SECT. 4. (1) A primary shall be held at the regular polling 
 places in each town and ward in the state on the first Tuesday 
 of September, 1910, and biennially thereafter, for the nomin- 
 
12 
 
 ation of all candidates to be voted for at the November elec- 
 tion, except presidential electors. 
 
 (2 At each such primary there shall be elected in each town 
 and ward, from the legal voters in such town or ward, as many 
 state delegates as such town or ward is entitled to elect repre- 
 sentatives to the general court at the election next following 
 such primary. 
 
 (3) Primaries shall be conducted by the regular election 
 officers, as elections are conducted under existing laws. 
 
 NOTICE OF PRIMARY. 
 
 SECT. 5. (1) At least sixty days before the time of holding 
 any primary the secretary of state shall prepare and transmit 
 to each town and ward clerk in the state a notice in writing 
 designating the offices for which candidates are to be chosen, 
 and delegates to the state convention are to be elected. 
 
 (2) Each town and ward clerk shall, within ten days after 
 the receipt of such notice, cause notice of such primary to be 
 posted in three public places in his town or ward; such notice 
 shall state the time when, and place where, the primary will 
 be held in each town and ward, together with the offices for 
 which candidates are to be nominated and delegates Jo be 
 elected. It shall also state the date before which declarations 
 of candidacy and primary petition must be filed to place names 
 upon the ballots to be used at such primary, the officers with 
 whom they must be filed, the number of primary petitions re- 
 quired to be filed, and the fees required to be paid at the 
 time of filing such papers. 
 
 DECLARATION OF CANDIDACY. 
 
 SECT. 6. (l) The name of no candidate shall be printed 
 upon an official ballot used at any primary unless not more 
 than sixty days prior to such primary a declaration of can- 
 didacy shall have been filed by such candidate and the filing 
 fee required by section 7 of this act shall have been paid, or 
 the number of primary petitions required by section 8 of this 
 act shall have been filed. 
 
13 
 
 Declarations of candidacy shall be in the following form : 
 
 I. , declare that I reside in Ward , in the city 
 
 (or town) of - , county of , state of New 
 
 Hampshire, and am a qualified voter therein ; that I am a mem- 
 ber of the party; that I am a candidate for nomina- 
 tion for the office of - , (or for delegate to the etate 
 
 convention) to be made at the primary election to be held on 
 the day of - ; and I hereby request that my 
 
 name be printed on the official primary ballot of eaid 
 
 party as a candidate for such nomination or election. I fur- 
 ther declare that if nominated as a candidate for said office 
 or if elected as such delegate I will not withdraw and that if 
 elected I will qualify and assume the duties of said office. 
 
 (2) Declarations of candidacy shall be filed as follows: 
 
 (a) For governor, or any other officer to be voted for 
 throughout the state, members of congress, councilors, etate 
 senators, and for county officers, with the secretary of state. 
 
 (b) For members of the house of representatives, moder- 
 ator, supervisors of the check-list, ward clerk, selectmen of 
 wards where such officers are elected at the biennial election, 
 and delegates to state conventions, with the clerk of the city 
 or town within which such officers are to be voted for. 
 
 (3) Each town or city clerk shall forward each declaration 
 of candidacy filed with him, within two days from the date 
 of filing, to the secretary of state. The fees paid to a town 
 or city clerk shall be paid to the treasurer of each town or 
 city. 
 
 CANDIDATES TO PAY FEES. 
 
 SECT. 7. At the time of filing declarations of candidacy each 
 candidate, or some person for him, shall pay to the officer 
 with whom the same are filed the following fees : 
 
 (1) For governor, one hundred dollars; 
 
 (2) For any state officer, other than governor, to be voted 
 for throughout the state, fifty dollars: 
 
 (3) For representative in congress, fifty dollars; 
 
 (4) For councilor, twenty-five dollars; 
 
 (5) For state senator, ten dollars; 
 
 (6) For county officers, five dollars; 
 
14 
 
 (?) For member of the house of representatives, two dot* 
 lars; 
 
 (8) For supervisor of checklist, one dollar; 
 
 (9) For moderator, one dollar; 
 
 (10) For ward clerk, one dollar. 
 
 (11) For selectmen of wards where such selectmen are 
 elected at the biennial election, one dollar each. 
 
 NOMINATION BY PETITION. 
 
 SECT. 8. (1) The name of any person shall be printed 
 upon the primary ballot of any party, without the filing af the 
 declaration provided for in section 6, or in the payment of 
 the fee provided for in section 7, as a candidate for nomina- 
 tion by that party for any office indicated in the requisite 
 number of primary petitions, as hereinafter provided, made by 
 members of the party, in the following form and filed with 
 the secretary of state together with the written assent of such 
 person to the printing of his name on said ballot as requested 
 in said petition: 
 
 State of New Hampshire. 
 
 County of , ss. 
 
 City (Town) of 
 
 I do hereby join in a petition for the publication on 
 
 the primary ballot of the name of 
 
 whose residence is in the city (town) of 
 
 (ward, street and number, in a city) in the county 
 
 of for the 
 
 office of to be voted 
 
 for on Tuesday, the day of 
 
 September, 19 , and I certify that I am qualified to 
 
 vote for a candidate for said office, that I am a member 
 
 of the party, and am not, at 
 
 this time a signer of any other similar petition for any 
 other candidate for the above office; that my residence 
 
 is in the" city (town) of (ward, 
 
 street and number, if in a city), in the county of 
 
 and that my occupation is 
 
 I further certify that I believe 
 
15 
 
 the above-named person i* especially qualified to fill said 
 office. 
 
 (Signed) 
 
 State of New Hampshire. 
 
 County of S3. 
 
 City (town) of , 19 
 
 The above-named 
 
 personally known to me, appeared and made oath that 
 the 'above petition, by him subscribed, is true. 
 
 Justice of the Peace or Notary Public. 
 
 (2) The number of primary petitions to be filed for each 
 office shall be as follows: 
 
 (a) For governor, two hundred. 
 
 (b) For representative in congresa, one hundred. 
 
 (c) For councilor, fifty. 
 
 (d) For county officers, twenty. 
 
 (e) For state senator, fifteen. 
 
 (f) For member of the house of representatives, and all 
 other town officers, five, except in towns where less than fifty 
 voters are registered, when one-tenth of the number of 
 registered voters shall be sufficient. 
 
 (g) For delegate to the state convention, no primary peti- 
 tions shall be required. 
 
 (3) Each primary petition must be a separate paper, must 
 contain the name of only one signer, and must contain the 
 name of one candidate and no more. 
 
 (4) The oath of a voter upon such petition shall be con- 
 clusive evidence that he is a member of the party stated 
 therein, but no voter shall sign conflicting party petitions, nor 
 shall he sign more than one primary petition for the same 
 office, unless more than one nomination is to be made; in which 
 case he may sign as many primary petitions as there are nom- 
 inations to be made for the same office. 
 
 (5) In case a voter has signed two or more conflicting pri- 
 mary petitions, all such conflicting petitions shall be rejected. 
 The officer with whom primary petitions are filed shall imme- 
 
% ^rx^ffed 
 
 16 
 
 diately, on their receipt proceed to examine the same, and 
 ascertain whether they conform to the provisions of this law. 
 If found not to conform thereto, or to be conflicting, he shall 
 then and there in writing on said petition state the reason why 
 such petition cannot be accepted, and shall within twenty-four 
 hours return the same to the candidate in whose behalf it was 
 filed. In such case, supplementary petitions may be filed, 
 but not later than 2ij days before the primary for those to be 
 with the secretary of state, and all others frt^day^ 
 
 CLERKS TO FORWARD DECLARATIONS. 
 
 (6) Each clerk of a city or town shall forward each declara- 
 tion of candidacy filed with him to the secretary of state 
 within two days of the filing of the same, provided the requisite 
 fee shall have been deposited, or the requisite number of pri- 
 mary petitions shall have been filed therewith. 
 
 (7) Declarations of candidacy and primary petitions to be 
 filed with the secretary of state shall be filed not less than 
 ?& days before the date of the primary, and all others '27~v 
 
 ^"{ days, except as provided in paragraph (5) of this section. ^ 
 
 (8) The secreatry of state, and clerks of cities and towns, 
 shall retain the primary petitions filed with them until the firit 
 day of January following the holding of the primary, when 
 they may be destroyed. 
 
 OFFICIAL PRIMARY BALLOT. 
 
 SECT. 9. At least ten days before any primary is to be 
 held, an official ballot for each political party shall be prepared 
 by the secretary of state, and shall be as nearly as is prac- 
 ticable in the same form as ballots now used at elections. 
 Below the name of each office shall be printed in small but 
 easily legible letters the words "vote for one" "vote for two," 
 "vote for three," or a spelled number designating how many per- 
 sons are to be voted for. Whenever there are two or more candi- 
 dates for nomination to the same office who are to be voted 
 for in more than one town or ward, the names of such can- 
 didates shall be so alternated on the ballots used that each 
 shall appear thereon as nearly as may be an equal number of 
 times at the top, at the bottom, and in each intermediate 
 
i? 
 
 place, if any, of the list or group in which it belongs. Names 
 of rival candidates for nomination to the same office who are 
 to be voted for in only one town or ward shall be arranged in 
 the alphabetical order of their surnames. Following the names 
 printed on the ballot after the name of each office to be filled 
 shall be as many blank lines as there are persons to be elected 
 to that office. The ballots of all parties shall be upon colored 
 paper, but the ballots of no two parties shall be upon paper 
 of the same, or closely similar, color, and each party ballot 
 shall be so designated by the name of such party printed in 
 prominent type on the back of said ballot. 
 
 SECT. 10. (1) Not later than six days before a primary, 
 the secretary of state shall furnish to the clerk of each town 
 and ward ballots for each political party as follows : For each 
 fifty and fraction of fifty voters of each party as shown by the 
 vote for governor in the town or ward at the last preceding 
 election, he shall furnish seventy-five ballots of said party, 
 except that when any party has cast less than ten votes in a 
 town or ward, he shall only be obliged to furnish twenty-five 
 ballots. 
 
 (2) He shall in addition furnish each such clerk with ten 
 sample ballots of each political party, printed on white paper. 
 
 (3) Each clerk shall within one day from the time when 
 he shall receive such sample ballots post three of each political 
 party in three public places in his town or ward, and shall 
 retain the others until the date of the primary, when he shall 
 post the same in prominent position in and about the polling 
 place. . 
 
 (4) The secretary of state shall also, upon request, furnish 
 a reasonable number of sample ballots printed on white paper 
 to each person whose name appears upon the ballot as a 
 candidate. 
 
 CHECK-LIST AND PARTY ENROLLMENT. 
 
 SECT. 11. (1) The supervisors of the checklist shall pre- 
 pare and post the check-list of the legal voters in their respec- 
 tive towns and ward* and hold sessions for the correction of 
 the same, and give notice of such sessions before all primaries 
 
18 
 
 held under this act in the same manner as they are required 
 to do before elections under existing laws. 
 
 (2) No person shall be entitled to vote at a primary unless 
 his name is upon the check-list of voters in the town or ward 
 wherein he offers to vote. 
 
 (3) Any person offering to vote at a primary shall at the 
 time of announcing his name also announce the name of the 
 party to which he belongs. If his name is found upon the 
 check-list, and if his party membership has not been before 
 registered, it shall then be registered, and he shall be allowed 
 to vote the ballot of his party, provided, however, that if he 
 is challenged, he shall not be allowed to register as a member 
 of such party, or to vote the ballot of said party unless he 
 makes oath or affirmation that he affiliates with and generally 
 supports the candidates of the party with which he offers to 
 vote. If his party membership has been before registered, he 
 shall be allowed to vote only the ballot of the party with 
 which he is registered, unless he desires to vote the ballot of 
 a party not having official existence at the time that his party 
 membership was previously registered. 
 
 (4) After the primary the town or ward clerk shall deliver 
 to the supervisors the check-list with the registration of the 
 party membership of voters thereon. Before delivery, however, 
 the moderator and clerk shall certify thereon, under their 
 hands, that the list is the one used at the primary, and con- 
 tains a correct registration of the voters as delivered into their 
 hands or made by them at such primary. Such list shall be 
 preserved by the supervisors, and shall be used by them in 
 making up the check-list to be posted before the next pri- 
 mary, as provided in paragraph 6 of this section. 
 
 (5) Any person whose party membership has been registered 
 may change such registration by appearing in person before the 
 supervisors of the check-list for his town or ward not less than 
 ninety days before any primary, and stating to them, under 
 oath or affirmation, if required, that he intends to affiliate with 
 and generally supports the candidates of the party with which 
 he offers to register. He may also change such registra- 
 tion at any primary, upon making oath or affirmation to 
 
19 
 
 the same effect, if challenged, but he shall not be permitted 
 in such case to vote the ballot of any party at such primary. 
 
 (6) After the first primary held under this act, the super- 
 visors of the check-list shall be in session for the alteration of 
 the registration of party members, and for making additions 
 to such registration before each primary. The session shall 
 be on two days at least and shall not be less than ninety nor 
 more than one hundred days prior to such primary. They 
 shall post copies of the check-list showing the persons in the 
 town or ward entitled to vote, with their party registration, 
 so far as such registration has been made, in three public 
 places in such town or ward, at least ten days prior to such 
 session, and notice of the date, hour, and place of the daily 
 sessions to revise such registration shall be given upon such 
 check-lists. 
 
 After such session, the supervisors of the check-list shall 
 prepare a corrected check-list, showing the registration of party 
 members as corrected by them, and such corrected check-list, 
 with such names as may be regularly added thereto, as provided 
 in sections 6 and 7 of chapter 32 of the Public Statutes, shall 
 be used at the primary. Whenever names are added to the 
 checklist, as provided in sections 6 and 7 of chapter 32 of the 
 Public Statutes, the supervisors shall register the party mem- 
 bership of the voter, if he desires such membership registered; 
 but if such voter has already been registered in any town 
 or ward in this state as a member of any party he shall not 
 be registered as a member of a different party within ninety 
 days before any primary. 
 
 (7) The party membership of each voter may be registered 
 by writing in ink after the name of such voter the first three 
 letters of the name of the party with which he registers. 
 
 RETURN OF VOTES CAST. 
 
 SECT. 12. (1) Votes cast for the same person on the 
 ballots of different parties at any primary shall not be added 
 together, but shall only count in favor of the person as the 
 candidate of each party on whose ballot his name appears. 
 
 (2) After the count is completed it shall be announced by 
 the moderator, and the clerk shall, in the presence of the 
 
20 
 
 other election officers, fill into blanks, provided him for that 
 purpose by the secretary of state, complete returns of all the 
 votes cast for the different candidates of each party. These 
 blanks shall be prepared in duplicate, and shall be signed by 
 the clerk. One copy shall be preserved by the clerk and shall 
 be open to the inspection of any candidate, or of his agent 
 authorized in writing. The other copy shall be mailed on the 
 day of the primary, or on the day following, by the clerk to 
 the secretary of state. 
 
 SECT. 13. (1) The second day after the primary, or as 
 soon thereafter as possible, the secretary of state shall canvass 
 the returns from all the towns and wards in the state, and 
 upon the completion of such canvass shall declare what can- 
 didates have received the greatest number of votes for the 
 various offices in the various parties. 
 
 (2) After the completion of the canvass of returns, the 
 secretary of state shall publish in some paper of general cir- 
 culation the names of the persons found to have been chosen 
 as candidates for the various offices by the various parties, and 
 shall cause a copy of such paper to be mailed to each person 
 whose name appeared upon any party ballot. 
 
 SECT. 14. (1) Persons voted for, at a primary, under this 
 act, who receive a plurality of all the votes cast by a party, 
 shall be candidates of that party for the office designated in 
 the ballot, or the delegates of such party from their respective 
 towns and wards. 
 
 (2) In case of a tie vote, the tie shall be determined by 
 lot by the secretary of state in the presence of the candidates 
 who are tied, if, upon notice from the secretary of state, they 
 elect to be present. 
 
 (3) Vacancies upon any party ticket occurring after the 
 holding of any primary shall be filled by the party committee 
 of the state, county, town or ward, as the case may require, 
 and such committee shall notify the secretary of state of the 
 appointment made, and the names of persons so appointed shall 
 be placed upon the official election ballot. 
 
21 
 
 RECOUNT OF VOTES. 
 
 SECT. 15. (1) it any person who was voted for upon the 
 ballot of any party is not, according to the count first made 
 by the secretary of state, chosen as the candidate of such 
 party, and desires a recount of the ballots cast in the pri- 
 mary, he shall apply in writing to the secretary of state for 
 such recount within ten days after the date of the advertise- 
 ment of the result of the primary, provided for in paragraph 
 2 of section 12 of this act. 
 
 (2) The secretary of state shall fix a time for such recount 
 not earlier than ten days after the receipt of the application, and 
 shall notify the opposing candidates thereof, and 
 as soon after the expiration of such ten days as circumstances 
 will permit, such recount shall be held and conducted as re- 
 counts of votes cast at elections are now conducted. 
 
 (3) Upon the date set for the recount, the ballots shall be 
 counted by the secretary of state and such assistants as he may 
 require. The various candidates, however, and their counsel, 
 shall have the right to inspect the ballots and participate in 
 such recount under such suitable rules as the secretary of 
 state may adopt. 
 
 (4) No candidate, however, shall be 'entitled to a recount 
 unless he shall pay to the secretary of state at the time of 
 filing his application fees as follows: 
 
 (a) If a candidate for governor, or other officer voted for 
 throughout the state, one hundred dollars; 
 
 (b) If a candidate for member of congress fifty dollars; 
 
 (c) If a candidate for councilor, twenty-five dollars; 
 
 (d) If a candidate for a county office, ten dollars; 
 
 (e) If a candidate for state senator, ten dollars; 
 
 (f) If a candidate for member of the house of repre- 
 sentatives, five dollars ; 
 
 (g) If a candidate for supervisor of the check-list, five 
 dollars. 
 
 (h) If a candidate for moderator, five dollars; 
 (i) If a candidate for ward clerk, five dollars; 
 (j) If a candidate for selectmen where such selectmen are 
 elected at the biennial election, five dollars. 
 
22 
 
 (5) If a recount shall show that some other person than 
 the one declared nominated upon the canvass of the- returns 
 from the clerks of towns and wards has the greatest number 
 of votes cast at the primary, such person shall be declared 
 nominated and shall be the candidate of the party for the 
 office in question instead of the person so first declared, and 
 his name shall be placed upon the official ballot at the fol- 
 lowing election. 
 
 (6) If the recount shall show that the person who applied 
 for the recount was chosen as the candidate of his party, the 
 secretary of state shall, within ten days of such recount, 
 return to him the fee paid at the time of filing the applica- 
 tion for a recount. 
 
 SECT. 16. Any town or city clerk, with whom any declara- 
 tion of candidacy has been filed, who shall fail to forward 
 the same to the secretary of state within two days of the date 
 of such filing shall be guilty of a misdemeanor, and upon 
 conviction thereof shall be punished by a fine of not more 
 than one hundred dollars, or by imprisonment not more than 
 thirty days, or by both fine and imprisonment. 
 
 SECT. 17. The provisions of the statutes now in force in 
 reference to the holding of elections, the payment of election 
 officers, the filling ol vacancies, the solicitations of voters 
 at the polls, the challenging of voters, the manner of conduct- 
 ing elections, of counting and preserving the ballots, and mak- 
 ing return thereof, and all other kindred subjects, ehall apply 
 to all primaries in so far as they are consistent with this act, 
 the intent of this act being to place the primary under the 
 regulation and protection of the laws now in force as to 
 elections. 
 
 SECT. 18. (1) It shall be the duty of the secretary of 
 state to prepare all forms necessary to carry out the intent 
 of this act and to furnish the same in reasonable quantities to 
 the proper officers. It shall also be his duty to furnish full 
 directions to the clerks of towns and wards, when he eends 
 them the notice provided for in section 5 of this act or when 
 he furnishes them ballots, as provided in section 9 of this act, 
 as to the posting of notices, holding of primaries, and making 
 return thereof. 
 
23 
 
 (2) The secretary of state shall have authority to employ 
 such additional clerical assistance as may be required during 
 the canvass of votes, or in carrying out the provisions of this 
 act; and all expense necessary shall be paid out of the treas- 
 ury of the state. 
 
 SECT. 19. All sums paid to the secretary of state under the 
 terms of section 6 of this act and all sums paid to him under the 
 terms of paragraph 4 of section 14 shall be paid by him into 
 the state treasury. 
 
 STATE PARTY CONVENTIONS. 
 
 SECT. 20. (1) Not earlier than the third Tuesday of 
 September, following any primary, and not later than the first 
 Tuesday of October, upon the call of the chairman of the 
 state committee of the party, the nominees of each party for 
 the offices of governor, councilors, state senators, 'representa- 
 tives, and state delegates elected shall meet in state convention 
 for the purpose of adopting the platform of their party, nom- 
 inating presidential electors, and effecting an organization for 
 the following two years. 
 
 (2) The party nominees and state delegates in said state 
 convention from each county shall elect a county committee 
 for their party, to consist of such number of persons as the 
 state convention shall by vote apportion to each county. The 
 members of the several county committees thus chosen shall 
 constitute the state committee of the party. The registered 
 party members in eaeh town, ward or city may effect such an 
 organization as they may deem expedient for advancing the 
 purposes of their party. 
 
 (3) Upon application of the chairman of the state com- 
 mittee of any political party, the secretary of state shall 
 deliver to him a duly certified roll of the nominees of his 
 party for the several offices named in the first paragraph of 
 this section. None but such nominees and state delegates shall 
 take part in such state conventions. 
 
 HOW TO CONSTRUE PRIMARY LAW. 
 
 SECT. 21. This statute shall be liberally construed so that 
 the real will of the voters shall not be defeated, and so that 
 
24 
 
 the voters of any town or ward shall not be deprived of their 
 right to nominate or participate in the nomination of can- 
 didates for office by any informality or failure to comply with 
 all the provisions of law in respect to giving notice of or 
 conducting the primary or certifying the results thereof. 
 
 Caucuses and Elections 
 
 LAWS 1897, CHAP. 78. (as amended), SECTION 1. The pro- 
 visions of this act shall apply to all elections held for the 
 choice of electors of president and vice-president of the United 
 States, representatives in congress and to the general court, 
 governor, councilors, senators, county officers, and all ward 
 and town officers chosen at biennial elections, and to any 
 other election of national or state officers. 
 
 The word "caucus" as employed in this act shall mean a 
 meeting of the legal voters of any political party assembled for 
 the purpose of choosing delegates or for the nomination of 
 candidates for office. The word "convention" shall mean an 
 assembly of delegates chosen at caucuses in accordance with 
 the usage of any political party. 
 
 POLITICAL PARTIES RECOGNIZED. 
 
 SECT. 2. Any caucus of legal voters representing a political 
 party which at the biennial election next preceding polled at 
 least three per centum of the entire vote of the state given in 
 for governor, may choose delegates to conventions and may 
 nominate candidates for representative to the general court and 
 candidates for such town and ward officers as are chosen at 
 biennial elections. 
 
 SECT. 3. The nomination of a candidate in an electoral dis- 
 trict containing more than one town or more than one ward 
 of a city may be made by a convention, except as otherwise 
 provided for the nomination of a candidate for mayor or other 
 city officer. 
 
 CERTIFICATES OF NOMINATION. 
 
 SECT. 4. Certificates of nominations made in accordance with 
 the provisions of sections 2 and 3 of this act, shall contain 
 
25 
 
 the name and residence of each candidate, the office for which 
 he is nominated, and the political principles or party he rep- 
 resents, and shall be signed by the chairman and clerk of the 
 caucus or convention, and when practicable such certificates of 
 nomination shall be signed by each candidate, but the absence 
 of the signature of a candidate shall not invalidate a certificate 
 of nomination. Any caucus or convention wherein nominations 
 are made of candidates to be voted for by the voters of the 
 entire state shall be held, at least, thirty-five days prior to the 
 day of election; wherein nominations are made of candidates 
 to be voted for by the voters of cities and wards, at least, 
 twenty-one days prior to the day of election, and in all other 
 cases, at least twenty-eight days prior to the day of election. 
 
 NOMINATION BY PETITIONS. 
 
 SECT. 5. The nomination of a candidate may also be made by 
 petition. Such petitions shall be styled nomination papers. 
 Such nomination papers shall contain all the facts required in 
 certificates of nominations, and shall be signed by such persons 
 only as are qualified to vote at the election of the candidates 
 named in the petition, and no voter shall sign more than one 
 nomination paper for each officer to be voted for, and no 
 nomination paper shall contain the names of more candidates 
 than there are offices to be filled. Such nomination papers 
 hall be submitted to a majority of the supervisors of the 
 check-list of the town or ward in which the signers reside, 
 and they shall certify what number of the signatures are the 
 names of legal voters in said town or ward. 
 
 It shall require the names of one thousand legal voters to 
 nominate by petition a candidate for governor or other can- 
 didate to be elected by the voters of the entire state, five 
 hundred to nominate a candidate for representative in congress, 
 two hundred and fifty to nominate a candidate for councilor, 
 senator, or county or city officer, and fifty to nominate a can- 
 didate elected by the voters of a town or ward of a city. 
 
 FILING NOMINATION PAPERS. 
 
 SECT. 6. Nomination papers shall be filed with the secretary 
 of state as follows: Thirty days prior to the day of election - 
 
26 
 
 case of candidates to be voted for By the voters -of ihe entire 
 stater and twenty three days in ease of all "Other nOTrflnaions. 
 The number of days herein given shall include Sundays, and 
 shall end on the day before election at six o'clock in the afternoon. 
 And where a nomination has been made as aforesaid or where a 
 candidate has duly filed according to law for a primary elec- 
 tion no withdrawal or declination of a candidate shall be ac- 
 cepted by the secretary of state subsequent to the last dates 
 for filing as hereinbefore stated. Provided, however, that in 
 case of the death of any candidate to be voted for at any 
 primary or general election, between the date of nomination 
 or filing and the day of election a new candidate may 
 be substituted under the authority of the proper com- 
 mittee as the law provides, whose name shall be printed upon 
 the ballots if they have not been printed, but if they have 
 been printed, and time will permit, the secretary of state may 
 cause adhesive slips or pasters with the name of the substi- 
 tute candidate thereon, to be printed, or authorize the same 
 to be done, and send or cause the same to be sent to the 
 various town or city clerks representing the territory wherein 
 the deceased candidate was to be voted for. Said town or 
 city clerks shall deliver said slips or pasters to the election 
 officers before the opening of the polls, who shall paste them 
 in the proper place on the ballot before it is handed to the 
 voter. 
 
 CITY NOMINATIONS. 
 
 SECT. 7. Candidates for mayor of a city and other can- 
 didates voted for by the voters of the entire city, may be nom- 
 inated by any party recognized by section 2 of this act, in a 
 general city caucus, or by a convention of delegates from the 
 several wards or by a caucus held by each ward. Candidates 
 for officers elected by the several wards may be nominated by 
 ward caucuses. Provided, however, that any party qualified 
 to hold conventions may in caucus or convention or by its 
 rcognized political committee, make regulations concerning the 
 manner of holding such caucuses and convention!. 
 
27 
 
 CITIES AND TOWNS MAY ADOPT LAW. 
 
 SECT. 8. Cities holding their election on a day other than 
 the day of the biennial state elections, in the choice of city or 
 ward officers shall be governed by the provisions of this act, 
 so far as they are not inconsistent with the provisions of their 
 charters. Towns holding their elections on a day other than 
 the day of the biennial state elections, in the election of town 
 officers chosen by ballot, may adopt the provisions of this act, 
 so far as they are applicable to town elections. In such cases 
 the ballots shall be prepared by the city or town clerk, and 
 printed at the expense of such city or town, and the time for filing 
 certificates of nominations and nomination papers shall be at least 
 six days prior to the day of election. Towns having voted to adopt 
 such provisions may rescind the vote by which they were 
 adopted. 
 
 SECT. 9. Certificates of nomination made in accordance with 
 the provisions of sections 2, 3, and 4 of this act, and nomina- 
 tion papers made in accordance with the provisions of section 
 5 of this act, shall be regarded as valid and shall be received 
 by the secretary of state, unless objection thereto is made in 
 writing within three days succeeding six o'clock in the after- 
 noon of the last day for the filing of such nominations. 
 
 BALLOT LAW COMMISSION. 
 
 On or before the first day of September preceding a biennial 
 election, the governor, with the advice of the council, shall 
 appoint two persons from the two different political parties 
 casting the largest number of votes at the preceding biennial 
 election, who, with the attorney-general, shall constitute a board 
 of ballot-law commissioners. They shall meet at the office of 
 the secretary of state on the Tuesday next succeeding the last 
 day for filing nominations, and shall continue in session from 
 day to day until all questions submitted have been heard and 
 determined. They shall consider and decide all objections to 
 the nomination of a candidate and all questions arising in case 
 of nominations, and their decision shall be final. They shall 
 receive such compensation for their services as shall be ap- 
 proved by the governor and council. 
 
28 
 
 DESCRIPTION OF BALLOT. 
 
 SECT. 10. Ballots for use in biennial elections and in all 
 other elections for national and state officers shall be prepared 
 by the secretary of state, and printed and delivered at the 
 expense of the state. Every ballot shall contain the name 
 and residence of each candidate who has been nominated in 
 accordance with law, and shall contain no other name except 
 party appelation and names of candidates for president and 
 vice-president of the United States. In case a nomination is 
 made by nomination papers, the words Nom. Papers shall be 
 added to the party appelation. The names of candidates nomi- 
 nated by any party or by petition shall be arranged upon the 
 ballot in perpendicular columns. The candidates of each party 
 shall be arranged in separate columns, and the candidates of 
 the party receiving the largest number of votes at the last 
 preceding general election shall be placed in the first column; 
 provided, however, that in case only a part of a full list of 
 candidates is nominated under a political designation, two or 
 more such lists may be arranged whenever practicable in the 
 same column. The order in which the officers to be voted for 
 shall be placed in the party columns aforesaid shall be aa 
 follows: Electors of president and vice-president of the United 
 States, governor, United States senator, representative in 
 congress, councilor, state senator, representative in the gen- 
 eral court, county officers, town or ward officers. Immediately 
 above the name of each candidate shall be printed the political 
 designation of the office for which he is nominated, as For 
 Governor, For Senator, and the like, and at the right of the 
 name of each candidate and on the same line there shall be a 
 square, except that in the case of electors of president and 
 vice-president of the United States one square shall suffice for 
 each group of electors. In the last or right-hand column of 
 each ballot there shall be no circle or device, but there shall 
 be printed in the regular order the political designation of 
 each office, as For Governor, For Senator, and the like, and 
 beneath each designation there shall be left as many blank 
 lines as there are persons to be elected to such office. Above 
 each column or list of candidates shall be printed in large, 
 plain letters the name of the political party by which the 
 
29 
 
 candidates in such column or list were nominated. Above the 
 party dsignation shall be printed a circle not less than three- 
 fourths of an inch in diameter, and such circle shall be 
 surrounded by the following words printed in plain letters: 
 For a straight ticket make a cross (X) within this circle. In 
 case a voter desires to vote for a candidate whose name is 
 not printed under the circle in which he has marked, he shall 
 erase or cancel the name of the candidate in such column for 
 whom he refuses to vote, and may vote for the candidate of 
 his choice by marking a cross (X) in the square opposite the 
 name of such candidate, or by writing in the name of the 
 person for whom he desires to vote in the right-hand column 
 prepared for the purpose. In such case the vote so marked 
 in the square, or so inserted in the right-hand column, shall 
 be counted, and such ballot shall not be counted for the 
 candidate for the same office whose name is erased. Unless 
 cancelled or erased, all names in the party columns under the 
 circle marked by the voter shall be counted to the exclusion 
 of all others.* One mark in the square opposite the names 
 of candidates for electors of president and vice-president shall 
 be counted as a vote for each, provided, however, that a voter 
 may omit to mark in any circle and may vote for one or more 
 candidates by marking a cross (X) in the square opposite the 
 names, or he may insert the names of the candidates of his 
 choice in the blank or right-hand column, and such votes shall 
 be counted. Whenever the approval of a constitutional amend- 
 ment or other question is submitted to the vote of the people, 
 such question shall be printed upon the ballots after or 
 beneath the list of candidates. The ballots shall be so 
 printed as to give to each voter an opportunity to designate by 
 a cross mark (X) in a square his answer to the question 
 submitted. The ballots shall be printed on plain white paper, 
 in weight not less than that of ordinary printing paper, and 
 there shall be no impression or mark to distinguish one ballot 
 from another. The names of all candidates shall be printed 
 in uniform type, and the ballots for each town or ward shall 
 be so folded that their width and length when folded shall be 
 
 *This method of counting declared unconstitutional. 
 
so 
 
 uniform. Upon the back of each ballot shall be printed the 
 words Official ballot for, followed by the name of the town or 
 ward for which the ballot is prepared, the date of the election, 
 and a facsimile of the signature of the officer who prepares the 
 ballot. Above each circle shall be placed an emblem or device 
 designating or distinguishing the political party assigned to 
 that column. The emblem or device shall be selected by the 
 secretary of state or other officer preparing the ballots, for each 
 political party represented upon the ballots, shall be different 
 for each of such parties, and may be the representation of a 
 star, an animal, an anchor, or any other appropriate symbol; 
 but neither the coat of arms or the seal of any state, or of the 
 United States, nor the national flag, nor any religious emblem 
 or symbol, nor the portrait of any person, nor the representa- 
 tion of a coin or of tne currency of the United States shall be 
 chosen as a distinguishing emblem. 
 
 SPECIMEN AND OFFICIAL BALLOTS. 
 
 SECT. 11. There shall be furnished each town and ward at 
 each election conducted under the provisions of this act, not 
 less than sixty ballots for each fifty and fraction of fifty 
 voters therein. The officer who prepares the ballots shall 
 cause to be printed for each town and ward fifteen ballots, 
 printed on tinted paper and without the fac-sim'le endorse- 
 ment, which shall be known as specimen ballots. These shall 
 be forwarded as soon as printed to the clerk of the town or 
 ward, who shall immediately post five copies in the most public 
 places in the town or ward. On the morning of the day of 
 election he shall cause ten copies to be posted outside of the 
 guard-rail in the room in which the election is held. The 
 officer who prepares the ballots shall also prepare full instruc- 
 tions for the guidance of voters at such elections, as to ob- 
 taining ballots, the manner of marking them, the method of 
 gaining assistance, and as to obtaining new ballots in place of 
 those accidentally spoiled, and shall cause the same to be 
 printed in clear type, on separate cards, to be called cards of 
 instructions; and he shall furnish a suitable number of the 
 ame to each town and ward. 
 
 
31 
 
 SECT. 12. The secretary of state shall send in a sealed 
 package the ballots printed by him to the several city and town 
 clerks, so as to be received by them twelve hours, at least, 
 prior to the day of election. The same shall be marked on 
 the outside, clearly designating the town or ward for which 
 they are intended and the number of ballots of each kind 
 inclosed ; and the city and town clerks shall, on delivery to them 
 of such package, return receipts therefor to the secretary. The 
 secretary shall keep a record of the time when and the manner in 
 which the several packages were forwarded. 
 
 SECT. 13. The several city and town clerks shall deliver to 
 the election officers, before the opening of the polls on the 
 day of any election held under this chapter, the sealed pack- 
 ages of ballots in their possession. At the opening of the polls 
 in each town or ward, the seal of the packages shall be pub- 
 licly broken by the ward or town clerk and the ballots 
 shall be delivered by him to the ballot clerks hereinafter pro- 
 vided for. The cards of instruction shall be immediately posted 
 at or in each marking shelf or compartment provided in ac- 
 cordance with the provisions of this chapter for the marking of 
 ballots, and not less than three such cards shall be immediately 
 posted in or about the polling room, outside the guard-rails. 
 If from any cause the official ballots have not- been received at 
 the polling place of any town or ward on the morning of 
 election and before the opening of the polls, or in case the 
 supply of ballots shall become exhausted during the process 
 of balloting and before the polls are closed, it shall be the 
 duty of the town or city clerk as the case may be, to cause 
 unofficial ballots to be prepared substantially as far as may 
 be in form of the official ballots, and upon receipt of such 
 unofficial ballots from him accompanied by a statement under 
 oath that the same have been so prepared, and that the 
 official ballots have so failed to be received or that the supply 
 of official ballots has become exhausted, the election officers 
 shall cause the unofficial ballot so substituted to be used in 
 lieu of the official ballots, in order that no voter shall be de- 
 prived of the right to vote for the lack of a ballot. 
 
32 
 
 BALLOT INSPECTORS. 
 
 SECT. 14. The mayor and board of aldermen of each city, 
 and the selectmen of each town, at some time between the 
 first and tenth day of October preceding the biennial election, 
 shall appoint as additional election officers, to act with the 
 clerk, moderator, and the selectmen at each polling place, four 
 inspectors. Such officers shall be qualified voters at the said 
 polling place and shall be appointed from the two political 
 parties which cast the largest number of votes for governor 
 in the state at the biennial election next preceding their 
 appointment, and two of the inspectors shall be of a different 
 political faith from that of the clerk and the other inspectors. 
 The aforesaid- appointments shall be made from nominations 
 of caucuses of the two parties above named, holden by the 
 ward or town, provided such nominations were made on or 
 before the first day of October. If any appointment shall not 
 be made within the specified time, then, on the application of 
 six qualified voters, a justice of the supreme court shall ap- 
 point. Each of said officers shall be sworn to the faithful 
 performance of his duties, and shall hold office for two years 
 from the first day of November in the year in which he is 
 appointed, and until a successor is appointed, and qualified. 
 
 In case of any vacancy, or the absence of any of these 
 officers so appointed from any polling place at any election 
 held under this chapter, the selectmen shall appoint some 
 person qualified as aforesaid to fill said office, and the said 
 appointment shall be made from nominations of aforesaid 
 caucuses, or, in the absence of such nominations, then from 
 similar nominations of the ward or town executive committee 
 of the two parties above named, provided such nominations 
 are made. 
 
 Two of the inspectors, one from each of the two political 
 parties above named, shall be detailed by the moderator at the 
 opening of the polls to act as ballot clerks. They shall have 
 the charge of the ballots therein and shall furnish them to the 
 voters in the manner herein set forth. A duplicate check-list 
 of the qualified voters shall be prepared for the use of the 
 ballot clerk, and all the provisions of law relative to the 
 preparation, furnishing, and preservation of check-lists shall 
 
33 
 
 apply to such duplicate list. The other two inspectors shall 
 be detailed by the moderator to assist the illiterate and physi- 
 cally disabled in the marking of their ballots, as provided in 
 section 19 of this act. 
 
 DESCRIPTION OF BOOTHS. 
 
 SECT. 15. The selectmen in the different towns and wards 
 shall provide suitable places in which to hold all elections 
 provided for in this act, and to see that the same are warmed, 
 lighted, and furnished with proper supplies and conveniences, 
 including a sufficient number of booths, shelves, and soft black 
 lead pencils, to enable the voter to prepare his ballot for 
 voting, and in which voters may prepare their ballots, screened 
 from all observation as to the manner in which they do BO. A 
 guard rail shall be so constructed and placed that only such 
 persons as are inside such rail can approach within six feet 
 of the ballot box and of such voting booths. The arrangements 
 shall be such that the voting booths can be reached only by 
 passing within said guard rail. They shall be in plain view 
 of the election officers, and both they and the ballot-boxes shall 
 be in plain view of those outside the guard rail. Each of said 
 booths shall have three sides inclosed, one side in front to 
 open and shut by a door swinging outward, or to be inclosed 
 with a curtain. Each side of said booths shall be not less 
 than six feet high, and the door or curtain shall extend to 
 within two feet of the floor, and said door or curtain shall be 
 closed while the voter is preparing his ballot, and each of said 
 booths shall be well lighted. Each booth shall be at least 
 three feet square, and shall contain a shelf at least fifteen 
 inches wide, at a convenient height for writing. No persons 
 other than the election officers and the voters admitted as 
 herein provided, shall be permitted within said rail, except 
 by authority of the election officers, and then only for the 
 purpose of keeping order and enforcing the law. The number 
 of such voting booths shall not be less than one to every 
 seventy-five voters, or fraction thereof, qualified to vote at 
 such polling place, and there shall not in any case be less 
 than two of these voting booths at any polling place. Cities and 
 towns shall provide suitable ballot-boxes, which shall be used 
 
34 
 
 at all elections therein. At the opening of the polls, and 
 before any election under this chapter, the ballot-box shall be 
 publicly opened and shown to be empty, and the election 
 officers shall ascertain that fact by a personal examination of 
 the ballot-box. 
 
 POLLS OPENING AND CLOSING. 
 
 In all elections by the voters in their wards the polls shall 
 be opejied at any time between the hours of six and nine 
 o'clock in the forenoon of the day of election, as city coun- 
 cils in said city shall determine, and shall be kept open until 
 three o'clock, and not later than six o'clock in the afternoon, 
 as the meeting shall direct; and but one balloting shall be had 
 during the day for each officer to be voted for; but this 
 section shall not apply to special elections called to fill vacan- 
 cies in any ward office. 
 
 At all biennial elections in towns the polls shall be opened 
 not later than ten o'clock in the forenoon and shall not be 
 closed earlier than three o'clock in the afternoon. 
 
 MANNER OF VOTING. 
 
 SECT. 16. Any person desiring to vote shall, before being 
 admitted within the guard-rail, give his name to one of the 
 ballot-clerks, who shall thereupon likewise announce the earne, 
 and if such name is found upon the check-list by said ballot 
 clerk, he shall put a check mark against it and again repeat 
 the said name. The voter, unless challenged, shall then be 
 allowed to enter the space inclosed by the guard-rail, as above 
 provided. If his vote is challenged, he must not enter until 
 he makes the affidavit now required by law. After he enters 
 the inclosed space, the ballot clerk shall give him one ballot 
 only. Besides the election officers, no more voters than the 
 number of marking shelves or compartments provided shall be 
 allowed in said inclosed space at one time; but this number 
 shall not include any voter who is engaged in the act of de- 
 positing his ballot in the ballot-box, as herein provided. If 
 any voter spoils a ballot, he may successively receive others, 
 one at a time, not exceeding three in all, upon returning each 
 poiled one. The ballot* thus returned shall be immediately 
 
35 
 
 marked "cancelled," by the ballot clerk, and, together with 
 those not distributed to the voters, shall be preserved. 
 
 SECT. 17. On receipt of his ballot, the voter shall forthwith, 
 and without leave the inclosed space, retire alone to one of 
 the voting shelves or compartments, and shall prepare his 
 ballot. Before leaving the voting shelf or compartment, the 
 voter shall fold his ballot without displaying the marks thereon, 
 in the same way it was folded when received by him, and he 
 shall keep the same so folded until he has voted. He shall 
 immediately give his name to the ward or town clerk, who 
 shall likewise repeat the same and place a check mark against 
 it on his check-list. The voter shall forthwith present his 
 ballot with the official endorsement uppermost to the moderator, 
 who shall then deposit the same in the ballot-box. He shall 
 mark and deposit his ballot without undue delay, and shall 
 quit said enclosed space so soon as he has voted. No voter 
 shall be allowed to occupy a voting shelf or compartment 
 already occupied by another, nor to remain within said enclosed 
 space more than ten minutes, nor to occupy a voting shelf or 
 compartment for more than five minutes, in case all of such 
 shelves or compartments are in use, and other voters are 
 waiting to occupy the same. No voter, not an election officer, 
 whose name has been checked on the list by the ballot clerks, 
 shall be allowed to re-enter said enclosed space during said 
 election unless another balloting is had. It shall be the duty 
 of the moderator to secure the observance of the provisions 
 of this section, and of other sections relative to the duties of 
 election officers. 
 
 DISAGREEMENT ON COUNT. 
 
 SECT. 18. If a voter votes for more names for any one 
 office than there are persons to be elected to such office, or if, 
 for any reason, a disagreement occurs among those present at 
 the counting of the ballots, as provided in this act, as to the 
 voter's choice for any office to be filled, and a majority of those 
 so present shall decide that it is impossible to determine the 
 voter's choice for that office, his ballot shall be regarded as 
 defective therein, and shall not be counted with referene to 
 that office. 
 
36 
 
 "DEFECTIVE" BALLOTS. 
 
 No ballot without the official indorsement shall, except as 
 herein otherwise provided, be allowed to be deposited in the 
 ballot-box, and none but ballots provided in accordance with 
 the provisions of this act shall be counted. All ballots not 
 counted in whole or in part, on account of defects, shall be 
 marked "defective" on the back thereof by the moderator, 
 and shall be sealed with the other ballots cast and returned 
 to the city or town clerks. 
 
 COUNTING BALLOTS. 
 
 Immediately after the polls are closed the ballots shall be 
 examined and the votes for the several candidates and on the 
 questions submitted shall be counted by the moderator, in the 
 presence of the town clerk, the selectmen, and the other elec- 
 tion officers herein provided. 
 
 The counting shall be public, but within the guard-rail, and 
 shall not be adjourned nor postponed until it shall have been 
 completed, and the whole number of ballots cast for each 
 person and on each question submitted to the voters shall have 
 been publicly announced. While being counted no ballot shall 
 be placed, nearer than four feet of the guard-rail which forms 
 the inclosure in which the counting is done, during which 
 time only the aforesaid officers shall be allowed within eaid 
 inclosure. 
 
 The check-lists and all ballots cast shall be preserved, 
 according to existing laws for the preservation of ballots. 
 
 ASSISTANCE TO VOTER. 
 
 SECT. 19. Any voter who declares to the moderator, under 
 oath, that he cannot read, or that because of his blindness 
 or other physical disability he is unable to mark his ballot, 
 shall, upon his choice and request, receive the assistance of 
 one or both of the election officers detailed for that purpose 
 by the moderator; and such officer or officers shall certify on 
 the outside thereof that it was so marked with his or their 
 assistance, and shall thereafter give no information regarding 
 the same. 
 
37 
 
 DISTINGUISHING MARK ON BALLOT. 
 
 SECT. 20. A voter who shall, except as herein otherwise 
 provided, allow his ballot to be seen by any person, with the 
 intention of letting it be known how he is about to vote, or 
 place a distinguishing mark upon his ballot, or shall write 
 any name as the candidate of his choice, with the intention of 
 placing thereby a distinguishing mark upon his ballot, or who 
 in voting shall use or attempt to use any ballot not given him 
 by the ballot clerk, in manner hereinbefore provided, or who 
 shall make a false oath as to his inability to mark his ballot, 
 or any person who shall interfere or attempt to interfere with 
 any voter when such voter ia inside the inclosed space, or who 
 shall endeavor to induce any voter, before voting, to show how 
 he marks or has marked his ballot, or otherwise violate any 
 provision of this act, shall be punished by fine of not more 
 than five hundred dollars or be imprisoned not exceeding six 
 months; and the election officers shall see that the offender 
 is duly brought before the proper court for trial. 
 
 VIOLATIONS OF SECRET BALLOT. 
 
 SECT. 21. Any person who shall falsely make or file or will- 
 fully deface or destroy any certificate of nomination or nomin- 
 ation paper, or any part thereof, or sign any such certificate or 
 paper contrary to the provisions of this act, knowing the same 
 or any part thereof to be falsely made, or suppress any cer- 
 tificate of nomination or nomination paper, or any part thereof, 
 which has been duly filed, or forge or falsely make the official 
 endorsement on any ballot, or willfully destroy, deface, mark 
 or. alter any ballot, or shall furnish to any voter a ballot with 
 the intent that such voter shall use the same in voting instead 
 of the ballot given or to be given him by the ballot clerk, 
 as herein provided, or shall take or remove any ballot outside 
 of the inclosure provided for voting before the close of the 
 polls, or willfully delay the delivery of any ballots, shall be 
 punishd by a fine not exceeding five hundred dollars, or by 
 imprisonment in the jail for not more than six months, or by 
 both such fine and imprisonment. 
 
38 
 
 SECT. 22. Any public officer upon whom a duty is imposed 
 by this act, who shall willfully neglect to perform such duty, or 
 who shall willfully perform it in such a way as to hinder the 
 objects of this act, shall be punished by a fine of not more 
 than one thousand dollars, or by imprisonment in jail for not 
 more than one year, or by both such fine and imprisonment. 
 
 SECT. 23. It shall be a misdemeanor for any person engaged 
 in preparing or printing the official ballot to purloin, or give 
 away, or allow to be removed any of such ballots. A voter 
 shall not allow his ballot to be seen or examined by any person, 
 except as prescribed in this act, nor shall any person interfere 
 with any voter when such voter is within the inclosed space, 
 or attempt in any manner to influence or change his vote. No 
 person shall destroy any certificate of nomination or nomina- 
 tion paper, or sign any such certificate or nomina- 
 tion paper, or sign the name of any other person to such 
 certificate or nomination paper, except as provided in this 
 act. Whoever willfully violates any of the provisions of this 
 section shall be fined not exceeding five hundred dollars, or 
 be imprisoned not exceeding six months. Any and all fines 
 imposed by this section shall be paid to the county in which 
 the person is prosecuted. 
 
 Precinct Law 
 
 LAWS 1919, CHAPTER 30. SECTION 1. Any town may vote to 
 establish voting districts and additional polling places therein 
 for use at the biennial elections. 
 
 SECT. 2. If any town shall so vote, the selectmen shall 
 provide one or more additional polling places in such town, 
 and shall at least thirty days before the next following general 
 election determine the territorial limits of the voting district 
 to be served by each such additional polling place. The polling 
 place presided over by the moderator of the town shall be 
 known as the central polling place, and all other polling places 
 in such town shall be known as additional polling places. A 
 voting district and polling place so -established shall continue to 
 be such for successive general elections until the town shall 
 vote to discontinue the same, but the selectmen may from 
 
39 
 
 time to time increase or diminish the territorial limits 
 of each such district in order to more effectually accom- 
 modate the voters of such town. Election officers and 
 town officers who are residents of additional polling 
 districts but are on duty at the central polling place may 
 keep their names on central polling place check-list by 
 so arranging with supervisors of check-list. 
 
 SECT. 3. The selectmen shall equip each such addi- 
 tional polling place in the same manner as required by 
 existing law to equip central polling places. 
 
 SECT. 4. Immediately after the establishment of an 
 additional polling place and the creation of the voting 
 district to be served by such additional polling place the 
 supervisors of the check-list shall prepare a list of the 
 voters entitled to vote at each such polling place, and 
 shall revise the same from time to time as by existing 
 laws, and shall at least fourteen days before any general 
 election post at one or more public places within the 
 voting district a true and attested copy of such list, and 
 shall on the day of such general election before the 
 opening of the polls at the central polling place lodge 
 with the town clerk of said town duplicate copies of the 
 list by them prepared and revised. 
 
 SECT. 5. The selectmen .shall appoint a presiding 
 officer and a clerk who shall each be residents of the 
 voting district in which such additional polling place is 
 located for each additional polling place, and the duties 
 of such presiding officer and clerk shall be the same 
 within the voting district at such election as are the 
 duties of the moderator and clerk of the town at the 
 central polling place except as herein otherwise provided. 
 The selectmen shall also appoint for each additional 
 polling place four inspectors of elections, who shall be 
 residents of the voting districts in which the polling 
 place is situated, and who shall be appointed in the same 
 manner as such officers are appointed for the central 
 polling places under existing laws, and 'the duties of such 
 inspectors shall be the same as the duties of the inspec- 
 tors at the central polling place except as herein other- 
 wise provided. The officers so appointed shall be sworn 
 before entering upon the duties of their appointment, 
 and shall be subject to the .same penalties for mis- 
 conduct in office as are provided under existing laws. 
 
40 
 
 SECT. 6. As soon as the polls are opened at the cen- 
 tral polling place on the day of the general election the 
 town clerk shall seal up the duplicate copies of the 
 <5heck-list for each additional polling place lodged with 
 him by the supervisor and with a number of blank bal- 
 lots equal to the number of voters on such check-list and 
 fifty additional ballots. This package shall be prepared 
 and sealed in the presence of the moderator and select- 
 men and delivered to two designated election officers of 
 the polling place to which it is to be conveyed, who shall 
 be of different political parties, who shall carry the same 
 to such polling place with all reasonable speed. 
 
 SECT. 7. The voting at cash additional polling place 
 shall be conducted as at the central polling place. 
 
 SECT. 8. Upon closing the polls at the additional 
 polling place, the box in which ballots have been 
 there deposited shall be sealed up by the presiding officer 
 in the presence of the inspectors of election without 
 opening the box, and the clerk at such polling place shall 
 so certify. The presiding officer shall also seal up the 
 duplicate che^k-lists used at such polling place together 
 with the spoiled and unused ballots, and the ballot box 
 containing the ballots voted as aforesaid, and send the 
 same to the moderator of the town at the central polling 
 place by two designated election officers who shall be of 
 different political parties, who shall deliver the same 
 with the seals unbroken, without unnecessary delay, at 
 the central polling place. The ballot boxes from the 
 additional polling places shall be opened by the moder- 
 ator at the central polling place and the ballots there 
 counted, and the result of the ballot of the entire town 
 announced by the moderator as if all the ballots had 
 been cast at the central polling pla3e. The town clerk 
 shall receive the duplicate check-lists and ballots as 
 returned and dispose of the same as provided by existing 
 law. 
 
 SECT. 9. The provisions of this act shall apply to all 
 elections held in such cities as may by vote of the city 
 council thereof accept the provisions of this act. The 
 creation of voting districts in city wards, the establish- 
 ment of additional polling places in wards therein, and 
 the selection of the various election officers therefor shall 
 be made by said city council. 
 

 41 
 Elections in Other Cases* 
 
 P. S., CHAP. 34, SECTION 1. A suitable box or boxes snail 
 be provided by the selectmen, at the expense of the town, in 
 which to receive the ballots of the voters. 
 
 SECT. 2. The full Christian and surname of every person 
 voted for, with the initial letter or letters of the middle name, 
 and the usual abbreviations for junior, second, third, and the 
 like, shall be written or printed upon every ballot. Blank 
 pieces of paper shaM not be counted as ballots. 
 
 MODE OF BALLOTING. 
 
 SECT. 3. Each voter shall deliver his ballot to the moderator 
 in open meeting, and the moderator, on receiving the ballot, 
 shall direct the town clerk to check the name of the voter on 
 the check-list, and shall, without inspecting the name of any 
 person voted for, examine the ballot so far only as to de- 
 termine whether the same contains more than one ticket; if it 
 does not, he shall place the ballot in the ballot box; but if 
 it does he shall make it manifest to the meeting and reject 
 the same, unless the voter shall correct his ballot. 
 
 SECT. 5. If several officers are to be voted for upon one 
 ticket, no person shall be obliged to vote for each. When 
 more than one description of officers is voted for on the same 
 ticket, any ticket which docs not contain at least one vote for 
 each description of officers shall be regarded as a blank as to 
 the description of officers omitted. 
 
 SECT. 6. The moderator shall, in the meeting, in presence 
 of the selectmen and town clerk, sort and count the votes, and 
 make a public declaration of the whole number of tickets 
 given in, with the name of every person voted for, and the 
 number of votes for each person; and the town clerk shall 
 make a fair record thereof at large in the books of the town. 
 
 SECT. 7. The selectmen and town clerk shall assist in sort- 
 ing and counting the votes, but no other person shall in any 
 manner interfere therewith. 
 
 *Laws of 1897, Chap. 78, applies to national and state 
 elections only. 
 
42 
 
 SECT. 8. No ballot shall be received and counted after the 
 votes have been declared. 
 
 SECT. 9. In determining the result of any election, the 
 whole number of persons voting for any officer shall be first 
 ascertained by counting the whole number of separate tickets 
 given in; and no person shall be declared elected to any 
 office who shall not have received a majority of the whole 
 number of tickets given in for such office, except in cases in 
 which it is otherwise specially provided. 
 
 SECT. 10. If a number of candidates greater than the 
 requisite number shall severally receive a majority, a number 
 equal to the requisite number, having the greatest excess over 
 such majority, shall be declared elected. But if the number 
 to be elected cannot be completed by reason of any two or 
 more candidates having received an equal majority, and making 
 one or more greater than the requisite number, the candidates 
 having such equal majority shall be declared not to be elected. 
 
 SECT. 11. The town clerk shall have with him, in the meet- 
 ing, during its continuance, all the laws in force relating to the 
 subject of elections. 
 
 SECT. 12. The foregoing eleven sections shall be applicable 
 so far as they do not conflict with the provisions of the pre- 
 ceding chapter. (Laws of 1897, Chap. 78.) 
 
 PRESERVATION OF BALLOTS. 
 
 SECT. 13. After the ballots given in for governor, councilors, 
 senators, electors of president and vice-president, representa- 
 tive in congress, county officers, and those given in for repre- 
 sentatives to the general court, at the ballotings upon which 
 they were declared elected, have been counted and a declaration 
 and record of the result made, the moderator, in the presence 
 of the selectmen, shall place the ballots in a suitable envelope 
 or other wrapper, and seal the package in a manner best cal- 
 culated to prevent them from being removed or tampered with. 
 The moderator and selectmen shall indorse and subscribe upon 
 the outside of the package a certificate as follows: Inclosed 
 
 are all the ballots given in at the election in the town of 
 
 (or, Ward ,in the city of -). on the day 
 
43 
 
 of , 19 , required by law to be preserved. Sealed up 
 
 by the moderator in the presence of the selectmen. Signatures 
 of moderator and selectmen. 
 
 The moderator shall deliver the same to the town clerk in 
 the presence of the selectmen before the adjournment -of the 
 meeting; and the town clerk, in their presence, shall make 
 thereon and subscribe a minute of the day and hour when 
 received. These provisions shall not apply to the wards of 
 cities whose charters provide a different method for the preser- 
 vation of ballots. 
 
 DISPOSITION OF BALLOTS. 
 
 LAWS 1903, CHAP. 30, SECTION 1. Ward and town officers 
 whose duties it is to receive and count ballots cast at biennial 
 elections for United States, state and county officers and for 
 supervisors of the check-list and moderator, shall immediately 
 after the ballots are counted and sealed, deliver them thus 
 sealed, to the city clerk or town clerk or a representative desig- 
 nated by such clerk, who shall without breaking the seal or 
 otherwise changing the condition of the package deposit the 
 same in the office of such city or town clerk, who shall keep 
 said ballots for a period of sixty days. If any person for 
 whom a ballot was cast and recorded at any biennial election 
 shall so request in writing within said sixty days the clerk 
 having the custody of the ballots shall forthwith forward them 
 to the secretary of state, who shall receive and preserve them 
 until the next succeeding biennial election. All ballots re- 
 maining in possession of the town or . city clerk shall be 
 destroyed at the expiration of sixty days after an election. 
 
 INSPECTION OF BALLOTS. 
 
 LAWS 1897, CHAP. 82, SECTION 2. If any person for whom a 
 vote was cast and recorded for any office at a biennial election, 
 before the expiration of ninety days, shall apply in writing to 
 the secretary of state for an inspection of the ballots ;: ; von in 
 for all persons for such office, and state in his application the 
 names of the opposing candidates, the secretary of state shall 
 appoint a time for the inspection not earlier than fifteen days 
 after the receipt of the application. Such inspection shall take 
 
44 
 
 place in the state house, and the secretary shall order the 
 applicant to give notice thereof by giving to each of the 
 opposing candidates, or leaving at his place of abode, a copy 
 of the application and order of notice seven days at least 
 prior to the day so appointed for inspection of the ballots. 
 No other notice shall be required. 
 
 SECT. 3. At the time and place so appointed and notified, 
 the secretary cf state shall produce the ballots, and they shall 
 be open to the inspection of the candidates and their counsel 
 under such suitable rules as the secretary of state shall 
 prescribe. 
 
 SECT. 4. The candidate petitioning for an inspection of the 
 ballots shall pay the secretary of state the same fee prescribed 
 in Section 15 of Chapter 153 of the Laws of 1909, as amended 
 for recount following direct primary. 
 
 SECT. 17. Upon the conclusion of every inspection and 
 every examination of ballots, the secretary shall place them, 
 and all envelopes , or wrappers which had previously contained 
 them, in a new envelope or wrapper, and seal it, and indorse 
 upon it a certificate showing the contents, and the date when 
 and the reason why it was opened and examined, and shall 
 retain it until the time fixed by law for its destruction arrives. 
 
 SECT. 18. Whoever shall willfully violate any of the pro- 
 visions of the five sections next preceding shall be fined not 
 exceeding five hundred dollars. 
 
 Presidential Primary Law 
 
 LAWS 1913, CHAP. 167 (as amended), SECTION 1. On the 
 second Tuesday in March in the year 1916, and each year 
 thereafter when a president of the United States is to be 
 elected, a primary shall be held for the election of delegates 
 a tlarge, alternate delegates at large, delegates, and alernate 
 delegates to th national conventions of the various political 
 parties to be held to nominate party candidates for president 
 and vice-president of the United States. 
 
 SECT. 2. Said primary election in towns shall be held in 
 connection with the regular March meeting; said primary 
 
45 
 
 election in cities shall be held at the regular polling places 
 in the various wards; and in all cases the said primary election 
 shall be conducted by the regular election officers. 
 
 SEBT. 3. (1) In all towns the polls shall be held open not 
 less than four hours, and so much longer as shall be neces- 
 sary to afford every voter present and desiring to vote an 
 opportunity to vote, and until the voters present shall vote to 
 close the polls. (2) In cities, the polls shall be held open 
 from 3 o'clock P. M. till 8 o'clock P. M. 
 
 SECT. 4. The secretary of state shall prepare and distribute 
 for use at such primary an official ballot for each political 
 party. 
 
 DECLARATIONS OF CANDIDATES. 
 
 SECT. 5. The name of no candidate shall be printed upon 
 any such ballot unless not more than sixty nor less than 
 eighteen days before the primary he shall have filed with the 
 secretary of state a declaration of candidacy, and unless he, 
 or some person for him, shall have paid to the secretary of 
 state a filing fee of ten dollars ($10), or file with the secretary 
 of state a petition containing one hundred (100) names of 
 legal voters requesting that his name be placed on the primary 
 ballot, provided, however, that vacancies on the primary ballot 
 of any party may be filled as provided in section 6 of this act. 
 Declarations of candidacy shall be in form as follows : 
 
 I declare that I reside in ward 
 
 in the city (or town) of 
 
 county of and state of New 
 
 Hampshire, and am a qualified voter therein; that I am a mem- 
 ber of the party; that I am a candidate for 
 
 election as delegate (or as alternate delegate or delegate at 
 large or alternate delegate at large) to the national convention 
 
 of the party next to be held 
 
 for the nomination of candidates of said party for president 
 and vice-president of the United States. I request that my 
 name be printed as such candidate on the official ballot of the 
 
 party to be used at the 
 
 primary to be held on the second Tuesday of March next 
 (changed from third Tuesday of May). I further declare that 
 
46 
 
 if elected aa such delegate (or alternate delegate or delegate 
 at large or alternate delegate at large) I will attend such con- 
 vention unless I shall be prevented by sickness or other occur- 
 rence over which I have no control. If the person desires to 
 do so, he may add -to such declaration the following etatement : 
 I pledge myself, if elected as such delegate (or alternate dele- 
 gate or delegate at large or alternate delegate at large) to 
 vote, in said convention whenever I shall vote, for the nomina- 
 tion of (inserting the name of any person) as the candidate 
 of said party for president so long as he shall be a candidate 
 before said convention, and I request that after my name upon 
 the ballot shall be printed the words pledged to vote for the 
 nomination of (naming the same person) for president. And 
 in that event , said words shall be printed upon the primary 
 ballot following his name as requested. 
 
 VACANCY ON BALLOT. 
 
 SECT. 6. If there is to' be a vacancy upon the primary ballot 
 of any party by reason of the failure of as many persons to 
 file as candidates for delegates and for alternate delegate and 
 delegate at large and alternate delegate at large as are to be 
 elected, such vacancies may be filled, after the expiration of 
 the time allowed in this act for filing and fifteen days before 
 the primary, by the state committee of that party without 
 the payment of any fee, and the secretary of state upon receipt 
 of proper notice shall cause the names selected by the etate 
 committee to be printed upon the primary ballot to fill euch 
 vacancies. 
 
 SECT. 7. (1) After completing the canvass of returns from 
 the primary, the secretary of state shall send by mail notice 
 to each person whose name was printed upon the ballot of 
 any party of the names of the delegates at large, alternate 
 delegates at large, delegates and alternate delegates, 
 elected by that party, and shall not be required to 
 advertise the result of said primary. (2) If any person whose 
 name was printed as a candidate upon the ballot of any party 
 is not elected according to the canvass first made by the 
 secretary of state, he may obtain a recount by applying in 
 writing therefor to the secretary of state within ten days after 
 
47 
 
 he shall have been notified of the result of the primary, and 
 by paying fees as follows: (a) If he has been voted for 
 throughout the state, one hundred dollars. (b) If he has 
 been voted for in a district less in area than the entire state, 
 fifty dollars. 
 
 SECT. 8. The provisions of (the direct primary law) with 
 regard to the preparation and distribution of ballots, the' send- 
 ing and posting of notices, the preparation and posting of 
 check-lists, the conduct of primaries, the registration and the 
 preservation of the registration of the party membership of 
 voters, the counting of votes, the making of returns thereof, 
 the canvass of the same, and all other kindred subjects, shall 
 apply to all primaries held under the provisions of this act 
 unless clealy inconsistent, the intent of this act being to pro- 
 vide the same method for the election of all delegates and del- 
 egates at large and alternate delegates and delegates at large 
 to national conventions, as is provided by that act for the 
 nomination of officers and the election of delegates to state 
 conventions. 
 
 Election of Electors of President 
 and Vice-President 
 
 P. S., CHAP. 37. SECTION 1. Meetings for the choice of 
 electors of president and vice-president shall be holden on 
 the Tuesday next following the first Monday in November, in 
 every fourth year, dating from the year eighteen hundred and 
 eighty. 
 
 SECT. 2. The returns of votes for electors shall be made 
 out, signed, certified, sealed, and directed, in the manner pro- 
 vided for the returns of votes for senator; and the town 
 clerk shall transmit the same to the office of the secre- 
 tary of state within five days from the date of such election. 
 
 SECT. 3. The secretary by whom such returns of votes 
 shall be received shall forward by mail to the town clerks 
 receipts therefor. 
 
 SECT. 4. The secretary shall, on the day following the last 
 Wednesday but one of November, lay the returns of votes for 
 
48 
 
 electors of president and vice-president before the governor 
 and council, to be by them examined and counted. The 
 requisite number of persons who shall have the largest number 
 of votes returned shall be declared duly chosen electors. 
 
 Sr,cx. 5. The governor shall cause the several persons who 
 may be chosen electors to be notified forthwith of their elec- 
 tion, and request their attendance at the state house in Con- 
 cord on the day fixed by the congress of the United States 
 [second Monday in January] as the day on which electors shall 
 give their votes for president and vice-president. 
 
 SECT. 6. The electors chosen shall meet at the state house 
 in Concord on the day so fixed, and, by twelve o'clock at 
 midday, give notice to the governor and council of the number 
 of electors present who accept the office. 
 
 SECT. 7. If the requisite number of electors are not present 
 or do not accept, or if the requisite number of electors ehall 
 not be chosen by reason of two or more persons having an 
 equal number of votes, the electors present who do accept, in 
 presence of the governor and council, shall forthwith choose 
 by ballot the number wanted to complete the board. 
 
 SECT. 8. The electors shall give their votes for president 
 and vice-president of the United States, at Concord, on said 
 day, and shall proceed therein according to law. 
 
 SECT. 9. They shall each receive three dollars a day during 
 their session, and ten cents a mile for their travel to and 
 from their place of meeting; and shall be allowed a reasonable 
 sum, not to exceed twenty-five dollars, to pay for the services 
 of a secretary. 
 
 Election of Governor, Councilors 
 and Senators 
 
 P. S., CHAP. 35, SECTION 1. The meetings in the several 
 towns, for the election of governor, councilors, and senators, 
 shall be holden on the Tuesday next following the first Monday 
 in November, biennially, and at no other time, dating from 
 the year eighteen hundred and seventy-eight. 
 
49 
 
 LAWS 1897, CHAP. 24, SECTION 1. The town and ward clerks 
 of the several towns and wards in this state shall make a true 
 and certified copy of the record of the votes given in at any 
 election of electors of president and vice-president of the 
 United States, representative in congress, governor, councilor, 
 senator, and representative to the general court, and shall for* 
 ward the same, in sealed packages to the secretary of state 
 within five days from the date of such election. 
 
 SECT. 3. The secretary, upon the receipt of any such copy, 
 shall forward by mail to the town clerk a receipt therefor. 
 
 SECT. 4. Whenever any return of votes shall not have been 
 received at the office of the secretary within the time prescribed 
 by law, it shall be his duty immediately to notify the clerk 
 of the town from which such return has not been received. 
 Thereupon it shall be the duty of the delinquent town clerk 
 forthwith to forward such return. 
 
 Election of United States Senator 
 
 LAWS 1913, CHAP. 97, SECTION 1. Meetings for the choice 
 of United States senators shall be holden in the several towns, 
 wards and places in this state on the Tuesday following the 
 first Monday in November of every sixth year, dating from 
 the year nineteen hundred and eight, and on the Tuesday 
 after the first Monday in November of every sixth year, dating 
 from the year nineteen hundred and twelve. 
 
 SECT. 2. All the provisions of existing law, relating to the 
 nomination of candidates for governor by direct primary and by 
 nomination papers, and the filing of accounts of campaign 
 expenditures, are hereby extended to, and shall apply to, the 
 nomination of candidates for United States senator. 
 
 SECT. 3. All the provisions of existing law, relating to the 
 election of representatives in the congress of the United States, 
 are hereby extended to the election of United States eenators, 
 except when inconsistent with the laws of the United States. 
 
 SECT. 4. The names of candidates for United States senator 
 of the several political parties shall immediately follow on the 
 ballot the names of candidates of the several parties for nomina- 
 tion and election at governor at primaries and elections. 
 
so 
 
 Election of Representatives in 
 Congress 
 
 P. S., CHAP. 36, SECTION 1. The state is divided into two 
 districts for the purpose of choosing representatives in the 
 congress of the United States, and each district is entitled to 
 elect one representative. 
 
 SECT. 3. Meetings for the choice of representatives in con- 
 gress shall be holden in each district on the Tuesday next 
 following the first Monday in November, biennially dating from 
 the .year eighteen hundred and seventy-eight. 
 
 SECT. 4. The meetings in the several towns in each district 
 shall be warned and governed, and the returns of votes for 
 representative shall be made out, signed, certified, sealed, 
 directed, transmitted, receipted for, examined, and counted, at 
 the same time and in the same manner as provided for the 
 return of votes for senators. 
 
 SECT. 5. Upon such examination and count, the person 
 having the largest number of votes returned in any district 
 shall be declared duly elected; and the governor shall forth- 
 with transmit to the person so elected a certificate of such 
 election, under the seal of the state, signed by himself and 
 countersigned by the secretary. 
 
 SECT. 6. If two or more persons, at any election of repre- 
 sentatives to congress, shall, in any district, receive the largest 
 and an equal number of votes, so that no choice is made, 
 the governor, with advice of the council, shall cause precepts 
 to be issued to the selectmen of the several towns within 
 such district for another election, requiring them to warn 
 meetings to be holden at the time specified in such precepts 
 for the choice of a representative. 
 
 SECT. 7. The votes given at any such meeting shall be 
 received, sorted, counted, declared, recorded, and certified, 
 and the returns thereof made out, signed, certified, sealed. 
 and directed, in the manner hereinbefore prescribed ; and the 
 clerk shall transmit the same to the office of the secretary 
 of state within five days after such meeting. 
 
SI 
 
 SECT. 8. The lecretary, at soon at may be, shall lay all 
 such returns before the governor and council, and the votes 
 shall be examined and counted, and the election of the person 
 having the largest number of votes declared and certified, and 
 the certificate thereof made out and transmitted in the manner 
 hereinbefore directed. 
 
 SECT. 9. If upon such second balloting two or more persons 
 shall have the largest and an equal number of votes in any 
 district, so that no choice is made therein, the governor, with 
 advice of the council, sLall forthwith cause new precepts to 
 be issued as aforesaid, directing another meeting to be warned 
 and holden to fill such vacancy; and the same proceedings 
 shall be again had as are hereinbefore provided; and so from 
 time to time, so long as may be necessary, until some one shall 
 have the largest number of votes. 
 
 SECT. 10. If any vacancy in the representation in congress 
 shall occur by death, resignation, or otherwise, the governor, 
 with the advice of the council, shall forthwith cause precepts 
 to be issued to the selectmen of the towns within the district 
 where the vacancy exists, for an election to fill such vacancy; 
 and similar proceedings in all respects shall be had therein 
 as are provided in the preceding sections of this chapter; and 
 the balloting* in such districts shall be continued until some 
 person shall have the largest numbers of votes given in and 
 returned. 
 
 Election of County Officers 
 
 P. S'., CHAP. 25, SECTION 1. There shall be chosen at each 
 biennial election, by ballot, by the inhabitants of the several 
 towns in each county qualified to vote for senators, a sheriff, 
 a county solicitor, a county treasurer, a register of deeds, a 
 register of probate, and three county commissioners, each of 
 whom shall take his office on the first day of the April next 
 (Jan. 1, in some cases) succeeding his election and shall hold 
 the same for two years and until his successor is chosen and 
 qualified. 
 
52 
 
 SECT. 2. No person is eligible to the office of sheriff, county 
 solicitor, county treasurer, register of deeds, register of pro- 
 bate, county commissioner, or clerk of court, unless he is a 
 resident of the county for which he is chosen. No person 
 shall hold two of said offices at the same time, and the 
 acceptance of one of them shall be a resignation of the others. 
 
 SECT. 3. The town and ward clerks of the several towns and 
 wards of this state shall make a true and certified copy of 
 the record of the votes given in at any election of county 
 officers, and shall forward the same in sealed packages to the 
 clerk of the supreme court of the county within five days from 
 the date of such election. 
 
 SECT. 5. The several clerks of court shall have the returns 
 present at the law term of the supreme court holden on the 
 first Tuesday of December next following. The court shall 
 examine, record, and count the same; and the person who has 
 received the highest number of votes for each office shall be 
 declared elected. 
 
 SECT. 6. If the candidates for either of such offices having 
 the highest number of votes shall have an equal number, the 
 court shall appoint one of the candidates to fill the office, who 
 shall be declared duly elected. 
 
 The supreme court at any trial term, or any justice thereof 
 in vacation, may, on the application or petition of any can- 
 didate interested in a contest for any county office, find the 
 facts relating to such contested election as well before the 
 term of such office begins as after; and any question of law 
 arising upon the facts thus found may be heard at any regular, 
 adjourned, or special law term of the court, as the court 
 shall direct; and the court shall issue a certificate of election 
 to the candidate who is found by the court on such proceed- 
 ings to be elected, and the person receiving such certificate 
 shall assume and discharge the duties of the office. 
 
53 
 
 Election of Representatives to the 
 General Court 
 
 P. S., CHAP. 38, SECTION 1. Towns entitled to elect repre- 
 sentatives to the general court may elect them at the biennial 
 election holden on the Tuesday next following the first Mon- 
 day of November, biennially, dating from the year eighteen 
 hundred and seventy-eight, and if the election of the requisite 
 number shall not be effected on that day, the meeting may be 
 adjourned to, and the election of the number deficient be made 
 on, the following day, but not afterwards. 
 
 SECT. 2. Certificates of election shall be made in duplicate, 
 certified and signed in the same manner as the returns of 
 votes for governor; one of them shall be delivered to the 
 representative elect, and the other shall be forwarded to the 
 secretary of state within five days after the day on which the 
 election is held, and the town clerk shall also certify that the 
 check-list was duly posted and used during the balloting on 
 which such representative was chosen, and to the number of 
 voters whose names were upon the check-list as corrected on 
 the day of such meeting. Any town clerk who fails to make 
 a return of the number of voters on such check-list shall be 
 fined not exceeding twenty-five dollars. 
 
 SECT. 6. Whenever a vacancy shall exist in the representa- 
 tion of any town in the general court by reason of the death, 
 resignation, or removal from town of the person who shall 
 have been elected as such representative, the selectmen shall, 
 without unnecessary delay, call a meeting of all persons in such 
 town qualified to vote in the election of senators, at which 
 a representative shall be elected as provided in article fifteen 
 of the constitution. 
 
 SECT. 7. In case any town or any ward of a city in this state 
 shall elect and send to the general court a representative when 
 not authorized by law to do so, such town, or the city in 
 which such ward is situated, shall forfeit and pay a fine of 
 one thousand dollars, to be recovered by indictment for the 
 use of the county in which such town or city is situated. The 
 amount of any fine and costs paid by any city under the pro- 
 
54 
 
 visions of this section shall be assessed upon the property and 
 inhabitants of the ward so electing and sending such repre- 
 sentative. 
 
 Members of Legislature 
 
 P. S'., CHAP. 4, SECTION 1. No person shall be eligible for 
 election to any office of the legislature who has not been an 
 inhabitant of the state for one year, at least, prior to such 
 election. 
 
 SECT. 2. If any officer of the legislature removes from the 
 state, the office shall thereupon become vacant. 
 
 SECT. 16. If a person shall attend a session of the legis- 
 lature and vote therein as a representative from any town or 
 city, knowing that, by reason of want of the requisite number 
 of inhabitants in said town or in the ward of the city which 
 he represents, he is not lawfully entitled to a seat in the 
 house of representatives, or that he was not legally elected a 
 representative of such town or ward, he shall be fined not 
 exceeding $2,000, or be imprisoned not exceeding two years. 
 
 Purity of Elections 
 
 NEGLECT TO RETURN VOTES. 
 
 P. S., CHAP. 39, SECTION 1. If any town clerk shall neglect 
 to make any return of votes for governor, councilor, senator, 
 representative in congress, electors of president and vice 
 president, register of deeds, county treasurer, county com- 
 missioner, supervisors, or moderator, or other state, town, or 
 county officer, he shall be fined not exceeding five hun'dred 
 dollars. 
 
 SECT. 2. The secretary of state or clerk of court, as the 
 case may be, shall, within thirty days after any default in the 
 return of votes, certify the same to the solicitor of the county, 
 which certificate shall be prima facie evidence of such default ; 
 and the solicitor shall prosecute every person guilty of such 
 default. 
 
55 
 
 SECT. 3. If the clerk of any town shall make an incorrect 
 or insufficient record or return of the votes given therein at 
 any meeting for any officer, the officers by whom the votes 
 are opened and counted may require such clerk, at his own 
 expense, to come in and amend his record or return, accord- 
 ing to the facts of the case. 
 
 SECT. 4. If any clerk shall neglect or refuse to appear and 
 amend, he shall be fined not exceeding five hundred dollars. 
 
 FALSE RECORD OF VOTES. 
 
 SECT. 5. If the clerk of any town or place shall willfully 
 and corruptly make a false record of any vote or other proceed- 
 ing of any legal town meeting, or any false copy of any 
 record, or any false certificate or return of votes, he shall 
 be imprisoned not exceeding five years. 
 
 SECT. 6. If any person shall be guilty of an offense against 
 any provision of the laws relating to elections for which no 
 penalty is specified, he shall be fined not exceeding thirty 
 dollars. 
 
 ASSAULT UPON OFFICERS. 
 
 SECT. 7. If any person shall willfully assault a town, city, 
 or ward officer in the discharge of any duty of hi office at any 
 election, or take away, injure, or destroy the ballot box or 
 check-list when in use at any election, he shall be fined not 
 exceeding three hundred dollars, or be imprisoned not exceed- 
 ing three years. 
 
 ILLEGAL VOTING. 
 
 SECT. 8. If any person, at a meeting for the choice of 
 officers, shall give in more than one vote for any officer voted 
 for at such meeting; or if any person under the age of twenty- 
 one years, or an alien not naturalized, or any person .who .is 
 not a legal voter, shall give in a vote for any officer at such 
 meeting; or if any person, being under examination as to his 
 qualifications as a voter before the board, of supervisors, shall 
 give any false name or answer, he shall be fined not exceed- 
 ing thirty dollars for each offense, or be imprisoned no.t ex- 
 ceeding three months. 
 
56 
 
 FRAUD BY OFFICERS. 
 
 SECT. 9. If any moderator, supervisor, or selectman, at any 
 meeting, shall fradulently receive and count any illegal vote, 
 omit to receive and count any legal vote, or shallf fraudulently 
 embezzle any vote from the number of legal votes cast, or 
 add any vote thereto, or shall receive or count any vote given 
 at such meeting by proxy, and without the personal delivery 
 of such vote by the person entitled to give the same, or shall 
 frauduently declare the state of the vote in the election of 
 any officer, he shall, for each offense, be fined not exceeding 
 five hundred dollars, or be imprisoned not exceeding one 
 year, or both. 
 
 IMPROPER INFLUENCE. 
 
 SECT. 10. If any person shall directly or indirectly give 
 spirituous liquor to a voter, at any time, with a view to influ- 
 ence any election, or as a treat for his vote, or for the honors 
 bestowed on any candidate at such election, he shall be fined 
 not exceeding twenty dollars for each offense. 
 
 SECT. 11. If any person shall directly or indirectly hire, 
 procure, induce, or in any way influence or attempt to hire, 
 procure, induce, or in any way influence, by payments, promises, 
 offers of emolument, offers of reward of any kind, loans of 
 money or other thing, threats or intimidations, any voter to 
 stay away from any town meeting, or to avoid voting at any 
 town meeting, or to vote at any town meeting for or against 
 any particular ticket or candidate for office, or to ask, in 
 order to disqualify himself from voting at any election, the 
 abatement of his taxes, or to be excused from paying taxes, 
 such person shall be fined not exceeding five hundred dollars, 
 or be imprisoned not exceeding three months. 
 
 SECT. 12. If any person shall directly or indirectly con- 
 tribute or furnish, or promise to contribute or furnish, any 
 money, goods, chattels, or other thing whatsoever to be used 
 to induce any voter to stay away from any town meeting, or 
 to avoid voting at any town meeting, or to vote at any town 
 meeting for or against any particular ticket or candidate for 
 office, or to ask, in order to disqualify himself from voting at 
 any election, the abatement of his taxes, or to be excused from 
 
57 
 
 paying taxes, such person shall be fined not exceeding five 
 hundred dollars, or be imprisoned not exceeding three months. 
 
 SECT. 13. One half of the fines imposed for the violation 
 of the provisions of the two preceding sections shall go to the 
 prosecutor, and the other half to the county. 
 
 SECJ. 14. Any person who shall, without authority, sign the 
 name of any other person to any letter or other document, or 
 falsely represent that any other person has written such letter 
 or document, knowing such representation to be false, for the 
 purpose of influencing votes, shall be fined not exceeding one 
 thousand dollars, or be imprisoned not exceeding one year. 
 
 SECT. 15. Any person publishing any such forged letter or 
 document, knowing the same to be forged, with like intent, 
 shall be fined not exceeding one thousand dollars. 
 
 CHALLENGE OF VOTER. 
 
 SECT. 16. Any voter, at any town meeting, may challenge 
 any other voter offering to vote at such meeting, and the 
 moderator shall not receive the vote of the person so chal- 
 lenged until he shall subscribe, make, and tender to the town 
 clerk or moderator an affidavit in form and substance as lol- 
 
 lows: I, , solemnly swear that I have not directly or 
 
 indirectly, hired, procured, induced, or in any way influenced, 
 or attempted to hire, procure, induce, or in any way influence 
 by payment, promises, offers of emolument, offers of reward of 
 any kind, loans of money or other thing, threats, or intimida- 
 tion, any voter to stay away from this town meeting, or to 
 avoid voting at this townmeeting, or to vote at this town 
 meeting for or against "any particular ticket or candidate for 
 office, or to ask, in order to disqualify himself from voting at 
 this town meeting, abatement of his taxes, or to be excused 
 from paying his taxes; nor have I, directly or indirectly, con- 
 tributed or furnished, or promised to contribute or furnish any 
 money, goods, or chattels, or any thing whatsoever, to be used to 
 induce any voter to stay away from this town meeting, or to avoid 
 voting at this town meeting, or to vote at this town meeting 
 for or against any particular ticket or candidate for office, or 
 to ask. in order to disqualify himself from voting at th.is town 
 
58 
 
 meeting, the abatement of his taxes, or to be excused from 
 paying taxes; nor have I, either directly or indirectly, been 
 hired or procured, or in any way influenced, by payment, 
 promises, offers of emolument, offers of reward of any kind, 
 loans of money or other things, threats, or intimidation, to vote 
 at this town meeting for or against any particular ticket or 
 candidate for office; but the vote I now offer to cast, and the 
 
 'cs I propose to offer to cast, at this town meeting, are in ac- 
 cordance with my solemn convictions of duty to my country, unin- 
 fluenced by any payment, promises, offers of emolument, offers 
 of reward of any kind, loans of money or other thing, threats, 
 or intimidation whatsoever. So help me God. 
 
 SECT. 17. In case any voter so challenged shall not make 
 subscribe such affidavit, he shall be denied the right of 
 voting at such town meeting, and any moderator who shall 
 receiv^ the vote of a voter so challenged and not making and 
 subscribing such affidavit, shall be fined not exceeding one 
 hundred dollars. 
 
 SECT. 18. The affidavit may be sworn to before any person 
 authorized by law to administer oaths, or before the moderator, 
 town clerk, or any one of the selectmen or supervisors. Any 
 person who shall swear falsely in making such affidavit shall 
 be deemed guilty of perjury, and be punished accordingly. 
 
 SECT. 19. The town clerk of each town shall have with 
 him, at every town meeting, blanks for making affidavits as 
 required by section sixteen of this chapter, and shall furnish 
 the same to any voter on request therefor. He shall record 
 in the record of the meeting the names of all voters making 
 such affidavits, and shall keep the affidavits on file. 
 
 ALLEGED BRIBERY. 
 
 SECT. 20. On the day of any town or ward meeting, or 
 within thirty days thereafter, any five voters may make written 
 complaint to any justice of the peace, or police judge, etating 
 only that in their belief the law against bribery in elections 
 has been violated in connection with such town or ward meet- 
 ing, and asking for an inquiry concerning such violation, and 
 naming the witnesses whom they desire to have examined, and 
 
59 
 
 thereupon such justice or judge shall immediately proceed to 
 make such inquiry; and for that purpose he may issue his 
 subpoena, or compulsory process, if necessary, to the witnesses 
 named, and to any others, and may examine them in the 
 same manner as he might upon a complaint in a criminal 
 proceeding before him; and the powers, duties, and liabilities 
 of the justice, judge, and witnesses shall be the same as 
 in such case. 
 
 SECT. 21. Such justice or judge may allow the complain- 
 ants, or either of them, or any person who may seem to be 
 accused, to appear before him, personally or by counsel, and 
 to interrogate the witnesses; and he shall take brief notes of 
 the testimony, and may also, if he shall deem it necessary, re- 
 duce the testimony of any witness to writing, and cause ...in 
 to sign the same, and shall close the inquiry within thirty 
 days from the date of the complaint, and make a -ecord 
 of the proceedings, and shall transmit such record, and the 
 testimony so taken by him, at once to the solicitor of the 
 county. 
 
 SECT. 22. If any such inquiry shall disclose any violation 
 of sections eleven and twelve of this chapter it shall be the 
 duty of the solicitor to cause due complaint to be made, and 
 the person offending to be apprehended and committed to 
 jail, or bound over, with sufficient sureties, to the next term 
 of the supreme court. 
 
 SECT. 23. It shall be the duty of the selectmen to post or 
 cause to be posted, in some conspicuous place where the town 
 meeting is held, a copy of sections sixteen to twenty-three, 
 inclusive, of this chapter. 
 
 ELECTION DAY A HOLIDAY. 
 
 SECT. 24. The Tuesday next following the first Monday of 
 November in the year eighteen hundred and ninety-two and 
 in every alternate year thereafter, being biennial election days, 
 shall be holidays. 
 
T 60 
 
 Bribery at Elections 
 
 LAWS 1911, CHAP. 99 (as amended), SECTION 1. Any persons 
 guilty of offering, giving, or accepting a bribe, or aiding or 
 abetting bribery, or of attempting or conspiring to bribe, with 
 intent to influence the vole of any person at any election, 
 caucus, convention, or primary election shall be deemed 
 guilty of a misdemeanor, and upon conviction shall be fined 
 not more than five hundred nor less than one hundred dollars 
 and be imprisoned in the county jail not less than thirty nor 
 more than ninety days, for each offense. 
 
 SECT. 2. Any person convicted under the provisions of the 
 foregoing section shall thereafter be forever disqualified from 
 holding any civil office in this state and from exercising the 
 right of suffrage; but the supreme court may, on notice to 
 the attorney-general, restore the privileges of an elector to 
 any person who may have forfeited them by conviction of such 
 offenses. 
 
 SECT. 3. No witness in any proceeding under this act 
 or in any proceeding for violation of the elec- 
 tion laws shall be excused from giving his testimony upon 
 the ground that such tesimony would incriminate him, but no 
 such testimony shall be used against such witness at any time 
 or in any prosecution. And any person who voluntarily dis- 
 closes the facts to the proper authorities, and procures a 
 conviction in any such proceeding, shall not be prosecuted for 
 his connection with the bribery or attempted bribery. 
 
 Publicity of Campaign Receipts 
 and Expenditures 
 
 LAWS 1911, CHAP. 101, SECTION 1. The term political com- 
 mittee under the provision^ of this act shall apply to every 
 committee or combination of three or more persons who shall 
 aid or promote the success or defeat of a political party or 
 principle in a public election or the success or defeat of any 
 measure voted on at a public election or shall aid or take 
 part in the nomination, election, or defeat of any candidate 
 
61 
 
 for public office. Every political committee shall have a 
 treasurer who shall be a citizen of this state and whose duty 
 it shall be to receive and expend all its money. 
 
 SECT. 2. The state committee of every political party shall 
 file, on the third day preceding the election, with the secretary 
 of state and also publish* in two daily newspapers in this 
 state, an itemized statement, signed and sworn to by its chair- 
 man and treasurer, showing in detail all its receipts and ex- 
 penditures, with the names of the various persons by whom 
 they were made and the respective amounts thereof, and the 
 names of various persons, corporations, or committees to whom 
 they were made, with the specific nature and amount of each 
 expenditure. Within fifteen days after said election another 
 itemized statement, signed and sworn to by the same officers, 
 shall be likewise filed and published, covering in like manner 
 all receipts and expenditures subsequent to }*c nrst statement. 
 
 SECT. 3. Every other political committee shall, within fifteen 
 days after the election, file with the secretary of state and 
 with the town or city clerk for the town or city where the 
 treasurer resides, an itemized statement signed and sworn to by 
 the chairman and treasurer, of all its receipts and expenditures, 
 if the total amount exceeds one hundred dollars, showing the 
 names of the various persons by whom they were made and the 
 respective amounts thereof and the names of the various per- 
 sons, corporations, or committees to whom they were made, 
 with the specific nature and amount of each expenditure. 
 Where the amount does not exceed one hundred dollars, a state- 
 ment to that effect, signed and sworn trt by the chairman and 
 treasurer, shall be filed with the same officials and within the 
 same time as that specified for the itemized statement above 
 described. 
 
 SECT. 4. Every candidate at the primary or general election 
 for governor or representative to congress shall, on the third 
 day preceding said primary or election, file with the secretary 
 of state and also publish in two daily newspapers of this 
 state, an itemized sworn statement of all his receipts and ex- 
 
 *(See Laws 1915, Chap. 169, Sect. 11, which follows.) 
 
62 
 
 penditures, in aid of his nomination or election, showing in 
 detail the names of the various persons by whom they were 
 made and the respective amounts thereof, and the names of 
 the various persons, corporations, or committees to whom they 
 were made, with the specific nature and amount of each expen- 
 diture. Within fifteen days after said primary or election 
 a similar sworn itemized statement shall be likewise filed and 
 published, showing in like manner all receipts and expendi- 
 tures subsequent to the first statement. 
 
 SECT. 5. Every candidate for United States senator shall, 
 on the third day preceding the day upon which such senator 
 is to be chosen, file with the secretary of state and also 
 publish in two daily newspapers of this state a sworn itemized 
 statement of all his receipts and expenditures in aid of his 
 election, showing in detail the names of the persons by whom 
 they were made and the respective amounts thereof, and the 
 names of the various persons, corporations, or committees to 
 whom they were made, with the specific nature and amount of 
 each expenditure. Within fifteen days after said election a 
 similar sworn itemized statement shall be likewise filed and 
 published, showing in like manner all receipts and expenditures 
 subsequent to the first statement. 
 
 SECT. 6. Every candidate at the primary or general election 
 for councilor, state senator, or representative to the general 
 court, who has expended a sum in excess of twenty-five dol- 
 lars, shall within fifteen days after said primary or general 
 election file with the secretary of state and with the town or 
 city clerk for the town or city in which he resides an itemized 
 sworn statement of all his receipts and expenditures in aid of 
 his nomination, showing in detail the names of the Various 
 persons by whom they were made and the respective amounts 
 thereof, and the names of the various persons, corporations, or 
 committees to whom they were made, with the specific nature 
 and amount of each expenditure. All such statements shall 
 be pen to public inspection. 
 
 SECT. 7. Any person who violates the foregoing provisions 
 of this act shall be guilty of a misdemeanor and upon convic- 
 tion shall be fined not more than five hundred nor less than 
 
63 
 
 one hundred dollars and be imprisoned in the county jail not 
 less than thirty nor more than ninety days, nor shall he be 
 entitled to the nomination or election until said sworn itemized 
 statement is filed and published as hereinbefore required. 
 
 SECT. 8. No person not a candidate for nomination at the 
 primary or election shall contribute, expend or promise to 
 contribute or expend any money or thing of value, in aid of 
 the nomination or defeat of any candidate at the primary or 
 election or in aid of the success or defeat of any political 
 party or principle, or in aid of the success or defeat of any 
 measure to be voted on at any election, unless contributed 
 directly to some candidate at the primary or election, or some 
 political committee of this state. 
 
 SECT. 9. Any person violating the provisions of section 8 
 of this act shall be guilty of a misdemeanor and upon conviction 
 shall be fined not more than five hundred nor less than one 
 hundred dollars and be imprisoned in the county jail not more 
 than ninety iior less than thirty days. 
 
 Corrupt Practices Law 
 
 LAWS OF 1915. CHAP. 169 (as amended), SECTION 1. The 
 following words and phrases of this act, unless the same be 
 inconsistent with the context, shall be construed as follows: 
 
 (a) "Election" shall mean any primary or election at which 
 federal, state, county, or municipal officers are nominated and 
 elected. 
 
 (b) "Candidate" shall mean any candidate for governor, 
 United States senator, representative to congress, councilor, 
 state senator, representative to the general court, -county, or 
 municipal office. 
 
 (c) "Political committee" or "committee" shall mean any 
 combination of two or more persons who shall aid or promote 
 the success or defeat of any party, principle, measure, or 
 person to be voted for at any election. 
 
 (d) "Political party" or "party" shall mean any political 
 organization which has nominated in any manner provided by 
 law candidates for federal or state offices. 
 
 (e) "Person" shall include a corporation or committee, 
 
64 
 
 EXPENDITURES FOR WHAT PURPOSES? 
 
 SECT. 2. No political committee or candidate, for the pur- 
 pose of aiding or promoting the success or defeat of any 
 party, principle, measure, or person to be voted for at any 
 election, shall give, pay, or contribute, or promise to give, 
 pay, or contribute, any money or thing of value whatsoever 
 to any person whomsoever, except as follows: 
 
 (a) For the transportation, housing and sustenance, and 
 minor expenses strictly incidental to traveling, for members 
 of such committee and for candidates, and for speakers pro- 
 cured by or in behalf of the committee or candidate to epeak 
 at any rally or political meeting. 
 
 (b) For the preparation, printing, and distribution by mail 
 of letters, circulars, and other written or printed matter, and 
 for the posting or distribution through any advertising or bill- 
 posting agency of posters, hand-bills, and other advertising 
 matter. 
 
 (c) For the rental of offices occupied by such committee 
 r candidate, and telephone or telegraph tolls, and for the 
 compensation of secretaries, stenographers, and other office 
 employees. 
 
 (d) For the rental of halls and other rooms for the holding 
 of political meetings and rallies, at which political addresses 
 are to be made or candidates are to be present. 
 
 (e) For advertisements permitted by the provisions of this 
 act. 
 
 (f) For the payment of speakers. 
 
 (g) For the salaries of political agents employed by the 
 committee or canlidate to travel from town to town arranging 
 for political meetings and rallies and doing lawful acts in 
 advancing the objects of the committee or candidate, and for 
 the canvassing of voters. 
 
 (h) For contributions to local committees, 
 (i) For transporting electors, who are in the town or city 
 wherein they are entitled to vote, to and from the polls. 
 
65 
 
 MAXIMUM EXPENDITURES. 
 
 SECT. 3. No state committee of a political party shall receive 
 or expend in any one year for political purposes allowed by 
 this act any moneys in excess of twenty-five thousand 
 dollars; and not more than one-half of said sum shall be 
 expended for the purposes enumerated in paragraphs (g) and 
 (h) of the foregoing section. 
 
 SECT. 4. No candidate shall in any one election, other than 
 the primary, expend, in addition to his contribution to a 
 state committee, a sum in excess of the following amounts: 
 Governor or United States senator, one thousand dollars; con- 
 gressman, seven hundred and fifty dollars; councilor, two hun- 
 dred and fifty dollars; state senator or county officer, one 
 hundred and fifty dollars; representative to the general court, 
 fifty dollars. 
 
 SECT. 5. For primary expenditures, all candidates for nomin- 
 ation shall be limited to the following sums: Candidates for 
 governor or United States senator, one thousand dollars; can- 
 didates for congressman, five hundred dollars; candidates for 
 councilor, two hundred and fifty dollars; candidates for state 
 senator or county officer, one hundred dollars; candidates for 
 representative to the general court, twenty-five dollars. 
 
 NEWSPAPER ADVERTISING. 
 
 SECT. 6. No person shall publish or cause to be published in 
 a newspaper or other periodical, either in its advertising or read- 
 ing columns, any paid matter which is designed or tends to aid, 
 injure, or defeat any candidate for public office, or a consti- 
 tutional amendment, or any other question submitted to the 
 voters, unless the name of the' chairman or secretary, er the 
 names of two officers of the political or other organization 
 inserting the same, or the name of some voter who is respon- 
 sible therefor, with his residence and the street and number 
 thereof, if any, appear in the nature of a signature. Such 
 matter inserted in reading column shall be marked at the 
 beginning thereof in black faced Roman capitals: "Adver- 
 tisement. Paid for by (naming the person or committee 
 paying for the same). Price (truly stating the cost af said 
 
66 
 
 advertisement) $...,.......,...,.,. ..,...** Any person who 
 
 violates, or in any way knowingly aids or abets the violation 
 of, any provisions of this section, shall be punished by a fine 
 of not more than one hundred dollars, or by imprisonment 
 for not more than sixty days. 
 
 USE OF OTHER PRINTED MATTER. 
 
 SECT. 7. (a) No person or committee shall mail, give away, 
 or distribute any letter, circular, or other written or printed 
 matter not contained in a newspaper or other publication 
 printed and published within this state, which is designed or 
 tends to aid, injure, or defeat any party, principle, measure 
 or person to be voted for at any election, or wherein the 
 merits of any such party, principle, measure, or person shall 
 be discussed, unless the same shall be signed by such person 
 or committee, or shall bear printed or stamped thereon a true 
 statement showing at the expense of what person or persons or 
 committee the same is mailed, given away or distributed. 
 
 (b) Any person who shall violate any provision of this sec- 
 tion shall be punished by a fine or not more than fifty dollars. 
 
 MISUSE OF BALLOTS. 
 
 SECT. 8. No person at any election shall apply for a ballot 
 in the name of another person, whether such other person be 
 living or dead, nor in the name of a fictitious person, nor shall 
 a person having voted once at any election apply at the same 
 election for a ballot in his own name. 
 
 SOLICITATION OF CANDIDATES. 
 
 SECT. 9. No person shall solicit or invite any contribution, 
 subscription, or payment from any person who is a candidate 
 for election to, or, prior to the expiration of his term of office, 
 from any person who has been elected to, the office of gov- 
 ernor, United States senator, representative to congress,; coun- 
 cilor, state senator, or representative to the legislature, or from 
 any political committee, for himself, or for any fraternal or- 
 ganization, labor organization, lodge, secret society, club, or 
 similar organization, nor shall any person solicit or invite any 
 such candidate or elected person or political committee to buy 
 
67 
 
 ticket! to any entertainment or ball, or for the aid ef any 
 such organization, or to pay for space or advertising in any 
 book, program, or publication, and no candidate or committee 
 shall make any such contribution, subscription, payment, or 
 purchase. Any candidate or committee or any person violating 
 any provision of this section shall be fined not exceeding one 
 hundred dollars. 
 
 ADVERTISING RATES. 
 
 SECT. 10. No candidate or committee shall pay to any daily 
 newspaper or class publication any rate for political advertise- 
 ment in excess of what is regularly charged by such news- 
 paper or publication for commercial advertising occupying the 
 same space and position and running the same length of time. 
 
 PUBLICITY OF EXPENDITURES. 
 
 SECT. 11. Instead of the publication of campaign expendi- 
 tures provided by chapter 101, Laws of 1911, in the case of 
 candidates for governor, United States senator, representatives 
 to congress, and by state committees, a candidate may deliver 
 to the secretary of state a copy of the statement of expendi- 
 tures provided for by said chapter for each candidate opposing 
 the candidate so filing, and a state committee may deliver to 
 the secretary of state a copy of such statement for the state 
 committee of each other political party, which copies shall be 
 delivered by the secretary of state, upon request, to the 
 candidates and committees for whom they are made. 
 
 COMPLAINTS AND PROSECUTIONS. 
 
 SECT. 12. (a) Any person voted for at an election for any 
 office, or any reputable "voter, may make complaint in writing 
 to the attorney-general of any violation of any of the provisions 
 of this act. All complaints so made shall be treated as con- 
 fidential communications. Upon the receipt of any such com- 
 plaint, if it shall appear that the act complained of, if com- 
 mitted, was of a serious and deliberate nature, it shall be the 
 duty of the attorney-general, through a county solicitor or eome 
 other representative, to investigate the complaint, and if 
 sufficient cause for a prosecution is found, to commence forth- 
 
68 
 
 with a prosecution and prosecute the same to final judgment. 
 If, in the opinion of any person making complaint as aforesaid, 
 the family, business, or political connection of the county 
 solicitor of the county in which the offense complained of was 
 committed are such as to make it unlikely that he will act 
 diligently and earnestly in any prosecution therefor, the person 
 complaining may state such facts to the attorney-general, and 
 his communication shall be held confidential. 
 
 (b) If the attorney-general believes that the county solicitor 
 in any county will be hampered by any existing facts or cir- 
 cumstances, and in any wise prevented from vigorously prose- 
 cuting any respondent complained against for violation of any 
 provision of this law, or that the service of more than one 
 attorney in any prosecution would be in the interest of the 
 state, he shall have authority to employ and assign to conduct, 
 or assist in conducting, such prosecution a county solicitor from 
 some other county, or to employ and assign some attorney not 
 a county solicitor. Such county solicitor or other attorney shall 
 be allowed reasonable compensation, to be approved by the 
 governor and council and paid from the treasury of the state 
 out of any money not otherwise appropriated. 
 
 COMMITTEE TREASURERS. 
 
 SECT. 13. Each committee shall have a treasurer who thall 
 be a citizen of this state, who shall receive and pay out all 
 money handled by the committee. For any failure to make 
 any statement of receipts and expenditures of the committee as 
 required by law, the treasurer shall be guilty. If there is no 
 treasurer, or if he fails to make report, it shall be the duty 
 of each member of said committee who receives or pays out 
 any money on behalf of said committee to make said report or 
 cause the same to be made, and for failure on his part to file 
 such report he shall be guilty. For any unlawful expenditure 
 or act of a committee, any member of said committee who 
 made or permitted the same, in whole or in part, or who 
 consented thereto, or who aided, abbetted, or conspired to make 
 or perform the same, shall be guilty thereof. 
 
69 
 
 DISTRIBUTION OF THIS ACT. 
 
 SECT. 14. The secretary of state shall give or send by mail 
 a copy of this act to each person who shall file a declaration 
 of candidacy before any primary, or on behalf of whom pri- 
 mary petitions or a primary certificate shall be filed; but any 
 failure so to do shall be deemed neglect of duty, and not an 
 offense rendering said official liable to the penal provisions of 
 this act. 
 
 EXAMINATION OF RETURNS. 
 
 SECT. 15. It shall be the duty of the attorney-general to 
 examine the returns of election expenses which are made 
 to the secretary of state by candidates and committees, and 
 to compel such returns to be made in form and substance to 
 comply with the law. 
 
 SECT. 16. Any person who shall violate any of the provisions 
 of this act shall be deemed guilty of a corrupt practice, and, 
 except as some other penalty is elsewhere herein provided, 
 shall be fined not less than one hundred dollars nor more 
 than five hundred dollars, or imprisoned not less than six 
 months or not more than one year, or both. 
 
 SECT. 17. Any expenses incurred by the secretary of state 
 or the attorney general in carrying out the provisions of this 
 act shall be paid from the treasury of the state. 
 
 Political Advertising 
 
 LAW. 1911, CHAP. 106, SECTION 1. No person shall publish 
 or cause to be published in a newspaper or other periodical, 
 either in its advertising or reading columns, any paid matter 
 which is designed or tends to aid, injure or defeat any can- 
 didate for public office, or a constitutional amendment or any 
 other question submitted to the voters, unless the name of the 
 chirman or secretary, or the names of two officers of the poli- 
 litical or other organization inserting the same, or the name 
 of some voter who is responsible therefor, with his residence 
 and the street and number thereof, if any, appear in the 
 nature of a signature. Such matter inserted in reading columni 
 
70 
 
 hall be preceded or followed by the word Advertisement in 
 a separate line, in type eet smaller than that of the body 
 type of the newspaper or other periodical. 
 
 SECT. 2. Any person who violates, or in any way knowingly 
 aids or abets the violation of any provisions of this act, shall 
 be punished by a fine of not more than one hundred dollars, 
 or by imprisonment for not more than sixty days. 
 
 Campaign Contributions by 
 Corporations 
 
 LAWS 1911, CHAP. 109, SECTION 1. No corporation, incor- 
 porated under the laws of or doing business in this state and no 
 officer, director, agent or employee of and acting in behalf 
 of such corporation shall pay or contribute or authorize or 
 direct to be paid or contributed any sum of money or any 
 check, draft, note or other article of value, to any political 
 party, committee or to any individual or corporation for the 
 purpose or with the intention of having such money or any 
 part thereof or such check, draft, note or other article of value 
 or any part thereof expended or used for the purpose of aid- 
 ing or promoting, or of preventing or opposing the nomination 
 or election of any person to public office established by or 
 under the authority of the constitution or laws of this etate or 
 of the United States, or expended or used for the purpose of 
 promoting or antagonizing the interests of any political party. 
 
 SECT. 2. No person shall solicit or receive the payment of 
 any sum of money or the delivery of any check, draft, note or 
 other article of value for the purposes specified in the preced- 
 ing paragraph, from any corporation incorporated under the 
 laws of or doing business in this state or from any officer, 
 director, agent, or employee of such corporation and on its 
 behalf. 
 
 SECT. 3. Any corporation violating any of the provisions of 
 this act shall be punished by a fine of not exceeding three 
 thousand dollars for each offense; and any individual violating 
 any of the provisions of this act shall be punished by a fine 
 of not exceeding one thousand dollars or by imprisonment not 
 exceeding six months. 
 
71 
 Warning Town Meetings 
 
 P. S., CHAP. 41, SECTION 1. A meeting of every town shall 
 be holden annually on the second Tuesday of March lor the 
 choice of town officers and the transaction of all other town 
 business. A town meeting may be warned by the selectmen, 
 when, in their opinion, there shall be occasion therefor. 
 
 SECT. 2. The warrant for any . town meeting shall be under 
 the hands of the selectmen, and shall prescribe the place, day 
 and hour of the meeting. The subject-matter of all business 
 to be there acted upon shall be distinctly stated in the war- 
 rant, and nothing done at any meeting, except the election of 
 any town officer required by law to be made at such meeting, 
 shall be valid unless the subject thereof is so stated. 
 
 SECT. 3. The selectmen, upon the written application of ten 
 or more voters, or one sixth of the voters in town, shall insert 
 in their warrant for the biennial, annual, or any other meet- 
 ing, any subject specified in such application, or shall warn 
 a meeting therefor, if requested in such application . 
 
 POSTING WARRANTS. 
 
 SECT. 4. The selectmen may address their warrant to the 
 inhabitants of the town qualified to vote in town affairs, in 
 which case they shall post an attested copy of such warrant at 
 the place of meeting, and a like copy at one other 
 public place in the town, fourteen days before the day of 
 meeting. 
 
 SECT. 5. Warrants for town meetings may be directed to a 
 constable of the town, requiring him to notify the inhabitants; 
 and such constable shall post an attested copy of such warrant, 
 as provided in the preceding section. 
 
 SECT. 6. Any town may, by vote, prescribe a different 
 method of warning meetings; and the meetings warned in 
 pursuance of such vote shall be legal and valid. 
 
 SECT. 7. The selectmen or the constable serving any warrant 
 shall return the same, at the time and place of meeting, with 
 a certificate of the service thereof, to the town clerk; or, in 
 his absence, to one of the supervisors. 
 
72 
 
 SECT. 8. In case of the death or removal of any of the 
 selectmen of a town, the major part of those who remain in 
 office shall have power to warn meetings. 
 
 SECT. 9. If the selectmen unreasonably neglect or refuse to 
 warn a meeting, or to insert any article in their warrant, a 
 justice of the peace, upon application in writing of ten or 
 more voters, or of one-sixth part of the voters of such town, 
 may issue a warrant for such meeting. 
 
 SECT. 10. If the biennial or annual meeting in any town 
 shall not have been held, or if there has never b'een any legal 
 meeting of the town, or if, by reason of death, removal from 
 the town, disability, or resignation of the board of selectmen, 
 no member of the board remains in office, a justice of the 
 peace, on application of ten voters, or of one-sixth part of 
 the voters of the town, may issue a warrant for such meeting. 
 
 SECT. 11. The warrant of a justice of the peace for a town 
 meeting shall be under his hand, directed to a constable of the 
 town, if any there be, otherwise to one of the voters applying; 
 hall specify the time, place, and object of such meeting, and 
 shall be served and returned in the same manner as warrants 
 issued by selectmen. 
 
 SECT. 12. If selectmen neglect to issue a warrant for the 
 holding of any meeting for the choice of state, county, or town 
 officers, electors of president and vice-president of the United 
 States, and representatives in congress, or neglect to cause 
 copies of such warrant, if not directed to a constable, to be 
 duly posted, or notice of such meeting to be given, agreeably 
 to any vote of the town, they shall for each offense be fined 
 fifty dollars, for , the use of the town. 
 
 Government of Town Meetings 
 
 P. S., CHAP. 42 (as amended), SECTION 1. At the biennial 
 election to be holden in November, eighteen hundred and 
 ninety-two, and at every biennial election thereafter, a 'moder- 
 ator shall be chosen by ballot, by a plurality of votes, who 
 shall hold office from the close of the meeting at which he is 
 chosen until the close of the meeting at the next succeeding 
 biennial election. 
 
73 
 
 SECT. 2. In case of vacarufy in the office, a moderator shall 
 be appointed by the board of supervisors of check-lis*s of said 
 town or ward where such board exists or by the selectmen of 
 said town or ward where there is no board of supervisors of 
 check-lists. 
 
 SECT. 3. If the moderator is absent from any meeting or be 
 unable to perform his duties a moderator pro tempore chall 
 be appointed as provided in section 2. 
 
 SECT. 4. Whenever there is a vacancy in the office, or the 
 moderator is absent from a meeting, or is unable to perform 
 his duties, the chaiwnan of the board of supervisors, or, in 
 his absence, one of the other members of the board, in the order 
 of their election, or, if no supervisor is present, the town 
 clerk shall preside until a moderator is chosen and shall have 
 the powers and perform the duties of moderator. 
 
 SECT. 5. The moderator shall preside in the town meetings, 
 regulate the business thereof, decide questions of order, and 
 make a public declaration of every vote passed, and may 
 prescribe rules of proceeding, but such rules may be altered 
 by the town. 
 
 bEcr. 6. When any vote, other than by ballot, declared by 
 the moderator or other officer presiding, shall immediately, and 
 before any other business is begun, be questioned by seven 
 or more of the voters present, the moderator or other officer 
 presiding shall make the vote certain by a poll of the voters. 
 
 SECT. 7. If any moderator or other officer presiding shall 
 willfully neglect or refuse to make any vote certain by a poll 
 of the voters, when required as aforesaid, or shall willfully 
 violate or neglect to enforce any rule of proceeding which 
 shall have been established by vote of the town or otherwise, 
 he shall for each offense, be fined not exceeding five hundred 
 dollars, or be imprisoned not exceeding six months. 
 
 TownfOfficers 
 
 P. S., CHAP. 43, SECTION 1. (as amended by Laws, 1921, 
 chap. 18). Every town, at the annual meeting, shall choose, 
 by ballot and by major vote, a town clerk, who shall record 
 
74 
 
 all votes passed by the town while he remains in office, and 
 discharge all the duties of the office according to law. Every 
 person elected or appointed to the office of town clerk or 
 deputy town clerk shall, within six days after his election or 
 appointment, and before entering upon the duties of his 
 office, give bond, with sufficient sureties to the acceptance of 
 the town or the selectmen, for the faithful performance of his 
 official duties, in form like that of county officers, and in 
 default thereof the office ahail be vacant so that said section 
 as amended shall read: SECTION 1. Every town, at the annual 
 meeting, shall choose, by ballot and by major vote, a town 
 clerk, who shall record all votes passed by the town while he 
 remains in office, and discharge all the duties of the office 
 according to law. Every person elected or appointed to the 
 office of town clerk or deputy town clerk shall 
 within six days after his election or appointment, 
 and before entering upon the duties of his office, give 
 bond, with sufficient sureties to the acceptance of 
 the town or the selectmen, for the faithful performance of hia 
 official duties, in form like that of county officers, and in 
 default thereof the office shall be vacant. 
 
 Nothing in this act shall be construed as repealing chapter 
 129 of the Laws of 1919, which provides that town officers 
 shall be elected by plurality vote in towns which have adopted 
 the Australian ballot system. 
 
 LAWS 1921, CHAP. 17. SECTION 1. Every town, at the annual 
 meeting in 1921, shall choose, by ballot and by major vote, 
 three selectmen, one to hold office for three years, one for two 
 years and one for one year, and thereafter at every annual 
 meeting one selectman shall be so chosen to hold office for 
 three years. The selectmen shall manage the prudential 
 affairs of the town and perform the duties by law prescribed. 
 A majority of the selectmen shall be competent to act in all 
 cases. Provided, however, that such elections shall be by 
 plurality vote in towns which under existing statutes elect such 
 officers in that manner. 
 
 SECT. 2. Vacancies in the board shall be filled by the re- 
 maining selectmen. Such selectmen thus chosen shall hold 
 office until the next arnual meeting of the town. 
 
75 
 
 P. S., CHAP. 43, SECT. 6. Any town may choose assessor*, 
 by ballot and by major vote, who shall constitute, with the 
 selectmen, a joint board for the assessment of taxes; and all 
 questions arising at such board shall be decided by major vote 
 of the members thereof. 
 
 SECT. 17. Every town, at the annual meeting, shall choose a 
 treasurer by ballot and by major vote. 
 
 LAWS 1919, CHAP. 129, SECTION 1. In towns which have 
 adopted the Australian ballot system for the election of town 
 officers, a plurality vote shall elect. This act shall be opera- 
 tive only in such towns as vote to adopt its provisions after 
 due notice of such contemplated action having been given in 
 the town warrant. 
 
 City and Ward Officers 
 
 P. S.. CHAP. 46. SECT. 4. Each ward into which a city may 
 be divided by law, or in pursuance of law, shall be a town 
 for the purpose of the election of governor, councilor, senator, 
 representative to the general court, all county officers, repre- 
 sentative in congress, and electors of president and vice-presi- 
 dent of the United States, and in all matters relating to 
 jurors. 
 
 SECT. 5. The qualifications of voters in such wards shall 
 be the same as in towns, and check-lists of voters shall be 
 prepared and used in all elections there, as in towns. 
 
 SECT. 9. In all elections of city and ward officers, the 
 person having the highest number of votes for any office 
 shall be elected; and if a number of persons greater than the 
 number to be chosen shall severally receive the largest and an 
 equal number of votes, so that no choice is made, the balloting 
 shall be continued till the requisite number of persons shall be- 
 chosen; but no balloting shall be begun between sunset and 
 sunrise. 
 
 SECT. 10. The wavd clerk shall record the votes and pro- 
 ceedings of all ward meetings, shall enter upon the record the 
 names of all persons voted for, and the number of votes 
 
76 
 
 given for each, in words, at length ; and shall, within seven 
 days after any meeting of the ward, deliver to the clerk of the 
 city in which the ward is situated a certified copy of the 
 record of the meeting, which copy shall be preserved as a 
 part of the records of the city. He shall receive for euch 
 copy the sum of one dollar. 
 
 Election of Mayor 
 
 P. S., CHAP. 47, SECTION 1. The qualified voters in each 
 ward, at the meeting for the choice of city and ward officers, 
 shall give in to the moderator their votes for a mayor of the 
 city, which shall be received, sorted, counted, and declared, 
 and a record thereof made in the same manner as votes for 
 senators; and a copy of the record, certified by the moderator, 
 a majority of the selectmen, and the ward clerk, shall be 
 delivered by the ward clerk to the city clerk withjn twentv- 
 four hours after the meeting. 
 
 Election of Aldermen 
 
 P. S., CHAP. 48, SECTION 1. There shall be chosen in each 
 ward, at the regular meeting thereof, by ballot and by plurality 
 of votes, so many aldermen and common councilmen as shall 
 be authorized by law or ordinance. If the choice of alder- 
 men, common councilmen, and ward officers cannot be con- 
 veniently completed on that day, the meeting may be adjourned 
 from day to day to complete the choice. 
 
 SECT. 2. The clerk shall, within twenty-four hours after 
 such choice, deliver to each person chosen alderman or com- 
 mon councilman a certified copy of the record of his election, 
 signed by himself, the moderator, and a majority of the 
 electmen. 
 
STATE OF NEW HAMPSHIRE 
 
 Joint Resolution relating to the calling of the con- 
 stitutional convention. 
 
 Resolved by the Senate and House of Representatives 
 in General Court convened: 
 
 That the officers of the towns and cities of this 
 state who are by law required to warn meetings for 
 the election of state senators shall expressly insert in 
 the warrants calling a meeting for the next election 
 of senators an article which shall provide for taking 
 the sense of the qualified voters of the state on the 
 subject of a revision of the constitution during the 
 year 1924; and the secretary of state ghajl so prepare 
 the ballots which shall be used at said election that an 
 opportunity shall be given for an expression of the 
 sense of the voters upon the question- 
 Approved May 4, 1923. 
 
INDEX 
 
 Aldermen, election of 76 
 
 Advertising, political 67 
 
 Ballot inspection 43-44 
 
 inspectors 32 
 
 law commission 27 
 
 at biennial elections 28-32, 41-44 
 
 at primary 16-17 
 
 counting of 36-37 
 
 defective 36 
 
 preservation of 42 43 
 
 Booths, voting 33 
 
 Bribery at elections 60 
 
 Canvass of votes 20 
 
 Caucuses 24-25 
 
 Certificates of nomination 25 
 
 Challenging of voter 57-58 
 
 Check-list 5-11 
 
 City nominations .. 27 
 
 officers 75 76 
 
 Clerks, city and town 13, 16, 22, 55 
 
 Congressman, declaration of candidacy 13-14 
 
 election of 50 51 
 
 primary petitions for 15-16 
 
 Corporations, contributions by 70 
 
 Corrupt practices at elections 63-69 
 
 Councilors, declaration of candidacy 13-14 
 
 election of 48-49 
 
 primary petitions for 15-16 
 
 County officers, declaration of candidacy 13-14 
 
 election of 51-52 
 
 primary petitions for 15-16 
 
 Declarations of candidacy 13-14 
 
 Direct primary law 11-24 
 
 Elections, biennial 24-38, 41-44 
 
 Expenditures, political .60-63. 64-66 
 
Fees of candidates 13-14 
 
 election recount 44 
 
 primary recount 21 
 
 Governor, declaration of candidacy 13 
 
 election of 48-49 
 
 primary petitions for 15-16 
 
 Mayor, election of 76 
 
 Moderator, declaration of candidacy 13-14 
 
 Nominations by petition : 15-16, 23 
 
 Party conventions 23 
 
 delegates to 14 
 
 enrollment 17-19 
 
 Political parties recognized 24 
 
 Polls, opening and closing 34 
 
 Precincts, voting 38-40 
 
 President, electors of 47-48 
 
 Presidential primary 44-47 
 
 Publicity of political expenditures 60-63 
 
 Purity of elections 54-60 
 
 Recount, election 43-44 
 
 primary 21-22 
 
 Reprssentatives in Congress 50-51 
 
 to General. Court 53 
 
 declarations for 13-14 
 
 petitions for 15-16 
 
 Senator, state, declaration of candidacy 13-14 
 
 election of 48-49 
 
 primary petitions for 15 
 
 United States 49 
 
 Supervisors 5-9 
 
 declaration of candidacy 13-14 
 
 primary petitions for 15-16 
 
 Town meetings 71-72 
 
 officers 73-74 
 
 Vacancies, how filled 1 22-46 
 
 Voters, qualifications of 3-5 
 
 Voting, manner of , 34-35. 41-42 
 
ivil47 
 
 THE UNIVERSITY OF CA