GIFT OF

k, H.

ELECTION

STATE OP WYOMING

(Nineteen Hundred and Six

PRIMARY, REGISTRATION

AND

ELECTION LAWS

and EXTRACTS from

CONSTITUTION

of ike

STATE OF WYOMING

Published by Anthnn'ty ;i-,d' I'IH'I '
thf Supervision and I>1r vlion or

FKX1MORK

SKCUKTARV

Wyo.. |CKJ<). <', KRKKE, Till: OriCK HOOK

AND Joi! PRINTKH

CH. i

GKNKRAI, ELECTlONvS

2195

DIVISION ONE

TITLE IV. ELECTORS AND ELECTIONS

Sec. 195.

Sec. 196.
Sec. 197.

Sec. 19*.
Sec. 199.
Sec. 200.
Sec. 201.
Sec. 202.

CHAPTER
CHAPTER

CHAPTER

CHAPTKR

CHAPTER

CHAPTER 12.

CHAPTER rv

1 1.

GENERAL EJECTIONS.
SPECIAL ELECTIONS.
NOMINATIONS.

ELECTION DISTRICTS AND POLLING PRECINCTS.
REGISTRATION.

JUDGES AND CLERKS OF ELECTION.
BALLOTS.

CONDUCT OF ELECTIONS.
CANVASS AND RETURNS OF ELECTION-
ELECTION CONTESTS.
GENERAL PROVISIONS.
MUNICIPAL ELECTIONS.
ELECTION OFFENSES.

CHAPTER I

GENERAL ELECTIONS

Time of general elections What

officers elected.
Presidential electors.
Representatives in congress and

members state legislature.
.State officers.
Vacancy in state office.
Justices of supreme court.
District judges.
County officers to be elected.

Sec. 203. Who may vote.

Sec. 204. Proclamation of election by county
commissioners.

Sec. 205. Posting and publishing proclama-
tion of election.

Sec. 206. Secretary of state shall notify
boards of county commissioners
of state officers to be elected.

Sec 207. County clerk shall furnish election
supplies Copy of election laws.

TIME OF GENERAL ELECTIONS WHAT OFFICERS ELECTED.

SEC. 195. There shall be held in the several voting precincts of
Wyoming, on the Tuesday next after the first Monday in November,
in the year eighteen ninety-two, and on the Tuesday next after the
first Monday in November in each second year thereafter, a general
election, at which the following officers shall be elected: A represent-
ative or representatives in congress, members of the senate and house
of representatives of the state from each county as provided by law,
and to which such county may be entitled, and all state and district
executive and judicial officers which are made elective by law, when-
ever there is a vacancy in any state or district executive or judicial
office, or whenever subsequent to such election and prior to the next
general election, any state or district executive or judicial offices shall
become vacant by reason of the termination of the terms of office of
the incumbents therein, provided, however, that whenever a vacancy
in any state or district office as aforesaid shall occur, less than twenty-
five days prior to such election, then, in that case, at such election no
person shall be elected to fill such vacancy.

[S. L. 189091, Ch. 100, Sec. i.]
In re Moore, 4 Wyo. 98.

257191

^196 KLKCTORS AND ELECTIONS 1)1 V. i Tl y . 4

PRESIDENTIAL ELECTORS.

SEC. 196. At the general election held in the year nineteen hun-
dred and at the general election held every fourth year thereafter,
there shall be elected the number of electors of and for the president
and vice president of the United States of America, to which this state
mav be entitled.

[S. L. 1897, Ch. 53, Sec. i.]

REPRESENTATIVES IN CONGRESS AND MEMBERS STATE LEGISLA-
TURE.

SEC. 197. At each of said elections, there shall also be elected
as many representatives in congress, as may be apportioned by con-
gress to this state, and in each county, such state senator or state sen-
ators, as the said county may be entitled to by law, and as should be
elected at such election, and also such representative or representatives
in the legislature of this state, as such county as a representative dis-
trict shall be entitled to by law.

[S. L. 1890-91, Ch. 68, Sec. 3.]

STATE OFFICERS.

SEC. 198. At the general election held in the year one thousand
eight hundred and ninety-four, and at the general election held every
fourth year thereafter, there shall be elected a governor, a secretary
of state, an auditor, a treasurer, a superintendent of public instruc-
tion, and such other state officers as are, or may be, created by law
and made elective, whose election shall occur, or ought to occur, at
such general election.

[vS. L. 1890-91, Ch. 68, vSec. 6.]
In re Moore, 4 Wyo. 98.

VACANCY IN STATE OFFICE.

SEC. 199. At each of said general elections there shall also be
elected such state officers as may be required to be elected to fill any
vacancy occurring by operation of law, or the constitution of this
state, including any vacancy or vacancies in the office of justice of the

supreme court.

[S. L. 1890-91, Ch. 68, Sec. 4.]
In re Moore, 4 Wyo. 98.

JUSTICES OF SUPREME COURT.

SEC. 200. Justices of the supreme court shall also be elected at
such general election as shall occur next preceding the expiration of
their respective terms, whether the same shall be for full terms, or to
fill a vacancy or vacancies in an unexpired term.

[S. L. 1890-91, Ch. 68, Sec. 7.]

DISTRICT JUDGES.

SEC. 201. At the general election held in the year A. D. eight-
een hundred and ninety-six, and at the general election held every
sixth year thereafter, there shall be elected in each judicial district in
this state one judge of the district court for such judicial district, and
in case of a vacancy occurring in the said office of a judge of the dis-
trict court, .in any judicial district of this state, either as now or as

CH. i GRNKRAI, ELECTIONS ^202

hereafter constituted, for any cause whatever, such vacancy shall be
filled at the general election, when such vacancy shall be required, to
be filled by law or the constitution of this state.

[S. L. 1890-91, Ch. 68, Sec. 8.]

COUNTY OFFICERS TO BE ELECTED.

SEC. 202. The following county and precinct officers shall hold
their office by election; and there shall be held in the several voting
precincts of this state, on the Tuesday next, following the first Mon-
day of November, in the year of our Lord, one thousand eight hun-
dred and ninety-two, and on the Tuesday next following the first
Monday in November, in each second year thereafter, a general elec-
tion at which the following county and precinct officers shall be
elected:

The clerk.

The commissioners.

The surveyors.

The sheriff.

The county treasurer.

The county and prosecuting attorney.

The superintendent of schools.

The assessor.

The coroner.

The justices of the peace.

The constables.

The clerk of the district court for each county, whenever his
term of office shall expire before the next general election, or when-
ever a vacancy therein is to be filled, and such other county and pre-
cinct officers which may be created and made elective by law. In
counties having an assessed valuation not exceeding five million dol-
lars, the county clerk shall be ex-officio clerk of the district court, and
shall perform all the duties pertaining to the office of clerk of the dis-
trict court, but shall receive no additional or separate compensation
therefor.

[8. L. 1890-91, Ch. 100, Sec. 3. S L. 1895, Ch. 73, Sec. i.]
[S. L. 1899, Ch. 65, Sec. 5. S. L. 1890-91, Ch. 68, Sec. i.J

WHO MAY VOTE.

SEC. 203. Except as hereinafter provided, every person shall be
qualified and entitled to vote, who is a citizen of the United States,
and over the age of twenty-one years, and w r ho has been a bona fide
resident of Wyoming for one year, and of the county wherein his res-
idence is located, sixty days next preceding the election at which he
votes, and who shall be able to read the constitution of this state, and
who has complied with the provisions of this act. Provided, how-
ever, that any person prevented by physical disability from being
able to read the constitution of this state, shall not for that reason,
while laboring under such disability, be deprived of his right to vote;
Provided, further, that any person who is a citizen of the United
States and who was a qualified elector in Wyoming on the tenth day
of July in the year eighteen hundred and ninety, and who has since

$204 ELECTORS AND ELECTIONS DIV. i TI V . 4

then continued to be a resident of this state, and has complied with,
the provisions of this title concerning registration, shall continue to
be an elector of this state.

[S. L. 1897, Ch. 53, Sec. 3. S. L. 1890-91, Ch. 100, Sec. 4.]

PROCLAMATION OF ELECTION BY COUNTY COMMISSIONERS.

SEC. 204. The board of county commissioners of the several
counties shall issue a proclamation at least thirty days, if possible,
prior to any general or special election to be holden within their re-
spective counties, except as otherwise provided in this title, setting
forth the names of all the offices to be filled at such election, and the
number of persons required by law to fill such offices or vacancies oc-
curring under, the law in such offices.

[S. L. 1890, Ch. 80, vSec. 40.]

POSTING AND PUBLISHING PROCLAMATION OF ELECTION.

SEC. 205. The county commissioners of the several counties
shall cause such proclamation to be posted in a conspicuous place at
every postoffice within their respective counties and shall also cause
the same to be published in the official paper of their respective coun-
ties if there be one at least twenty days, if possible, before the en-
suing election.

[S. L. 1890, Ch. 80, vSec. 41.]

SECRETARY OF STATE SHALL NOTIFY THE BOARDS OF COUNTY
COMMISSIONERS OF STATE OFFICERS TO BE ELECTED.

SEC. 206. The secretary of state shall, between the first and fif-
teenth day of September in each year, in which a general election is
to be held, make out and cause to be delivered to the* board of county
commissioners of each county a notice, in writing, stating what offi-
cers, other than county and precinct officers, are to be elected at such
general election and voted for in the several counties.

[S. L. 1897, Ch. 53, Sec. 9.]

COUNTY CLERK SHALL FURNISH ELECTION SUPPLIES-COPY OF
ELECTION LAWS.

SEC. 207. The county clerk shall provide at the expense of the
county, proper ballot boxes, poll books and other necessary election
blanks, official ballots as hereinafter provided, also the election laws
of Wyoming in separate pamphlet form for each voting precinct and
election district in the county and cause a suitable number thereof to
be delivered to the judges of election of each voting precinct at least
ten days, if possible, before any election is to be held within his

county.

[S. I,. 1890, Ch. 80, Sec. 55.]

CH. 2 SPECIAL ELECTIONS

CHAPTER 2

SPECIAL ELECTIONS

Sec. 208. Special elections How conducted.

Sec. 209. Special elections When held.

Sec. 210. Member of congress Special elec-
tion for.

Sec. 211. Member of congress Notice of va-
cancy in office.

Sec. 212. Members of legislature Special
election to fill vacancy.

Sec. 213. .Special general elections on ques-
tions to be decided.

Sec. 214. County commissioners Duties of
.Special elections.

Sec. 2i.s. Special county elections shall bt
ordered by county commissioners.

Sec. 216. Contents of order for special elec-
tion Time of order.

Sec. 217. Vacancy in office Who determines
fact ot.

Sec. 218. Who may vote at special elec-
tions.

SPECIAL ELECTIONS-HOW CONDUCTED.

SEC. 208. Special elections shall be conducted, and the results
thereof canvassed and certified, in all respects as near as practicable,
in the same manner as in general elections, except as otherwise spec-
ially directed.

[vS. L. 1890, Ch. 80, Sec. 4.]

SPECIAL ELECTIONS- WHEN HELD.

SEC. 209. Special elections shall be held in the following cases
and for the election of the following officers:

First When there has been no choice at the general election, of
any officer, not a precinct officer, who should properly have been chos-
en at such general election, except as otherwise provided by law.

Second When the rights of a person elected to the office of mem-
ber of the senate or member of the house of representatives, shall
cease by death, or otherwise, before the commencement of, or during
the term for which he shall have been elected.

[S. L. 1890, Ch. So, vSec. 3.]
State ex rel Richardson vs. Henderson, 4 Wyo. 535.

MEMBER OF CONGRESS SPECIAL ELECTION FOR.

SEC. 210. When any vacancy shall occur in the office of repre-
sentative in congress more than sixty days prior to any general elec-
tion, the governor may issue an order of election to the board of
county commissioners of the several counties, appointing a day to
hold a special election to fill such vacancy.

[S. L. 1890, Ch. 80, Sec. 4<S.|

MEMBER OF CONGRESS-NOTICE OF VACANCY IN OFFICE OF.

SEC. 211. If any vacancy shall exist in the office of representa-
tive to congress, one month, if possible, before such election, the sec-
retary of state shall give notice in writing to the board of county com-
missioners of each count}', specifying the cause of such vacancy, the
name of the officer in whose office it occurred and the time when his
term of office would have expired.

[S. L. 1890, Ch. Ho, Sec. 49.)

^212 ELECTORS AXI) ELECTIONS DIV. i TL. 4

MEMBERS OF LEGISLATURE-SPECIAL ELECTION TO FILL VACANCY,
SEC. 212. Whenever a vacancy shall occur in the office of any
member of the senate or house of representatives, the county clerk of
the county or counties in which the member whose office is vacant re-
sided, shall immediately notify the governor of such vacancy, where-
upon the governor shall issue an order of election to the board of
count}- commissioners of the count}- or counties in which the vacancy
is to be filled, upon which an election shall be held to fill such va-
cancy; but unless the legislature shall be in session at the time the
vacancy occurs, or there shall be a session between the time at which
the vacancy occurs and the next general election, no special election
shall be ordered to fill such vacancy.

[S. L. 1890, Ch. So. Sec. 50.]

SPECIAL GENERAL ELECTIONS ON QUESTIONS TO BE DECIDED.

SEC. 213. Whenever any question is to be brought before and
decided by the electors of Wyoming, the governor may call a special
election, which shall be conducted the same as a special election called
to fill a vacancy in the office of representative in congress.

[S. L. 1890, Ch. So, Sec. 46. j

COUNTY COMMISSIONERS-DUTIES OF-SPECIAL ELECTIONS.

SEC. 214. The board of county commissioners of each county
shall make all adequate provisions for elections ordered by the gov-
ernor, and shall carry out all the provisions of law concerning special
elections, the same as if the elections had been called by the said
board.

[S. L. 1890-91, Ch. roo, Sec. 14, Sub. i .]

SPECIAL COUNTY ELECTIONS SHALL BE ORDERED BY COUNTY
COMMISSIONERS.

SEC. 215. All special electibns for county and precinct officers,
shall be ordered by the county commissioners, which order shall be
countersigned by the clerk of the board of count}' commissioners.

[S "L. 1890, Ch. So, Sec. 53 ]

CONTENTS OF ORDER FOR SPECIAL ELECTIONS-TIME OF ORDER.

SEC. 216. Every order issued for a special election shall specif y
the county or district in which such election is to be held, the reason
for the special election, the name of the office to be filled, the time
when the term of office will commence, and the day on which such
election is to be held, which shall, if possible, not be less than twenty
days from the date of the order of election.

[S. L. 1890, Ch. So. Sec. 54.]

VACANCY IN OFFICE- WHO DETERMINES FACT OF.

SEC. 217. Whenever it is alleged that a vacancy in any office
exists, the officer, court, or county board whose duty it is to fill the
vacancy by appointment or to order an election to fill such vacancy.
shall have power to determine whether or not the facts occasioning

such vacancy exist.

[S. I.. 1890, Ch. So, Sec. 47. \
State ex rel Miller vs. Harber, 4 Wyo. 400.

CII. 2

NOMINATIONS

WHO MAY VOTE AT SPECIAL ELECTIONS.

SKC. 218, All persons who have registered either during the
registration period immediately preceding a special election, or a mu-
nicipal election, or who have registered less than two years before
such election, during a regular registration period for county elec-
tions, or during any special or municipal registration period, subse-
quent to such regular county election, shall be entitled to vote at such
special election, or municipal election as the case may be, in the pre-
cinct in which they registered. The provisions of this title shall ap-
ply to all special elections and municipal elections.

[S. L. 1895, Ch. 77, Sec. i.]

CHAPTER 3

NOMINATIONS

Sec. 219.
Sec. 220.

Sec. 221.

.Sec. 222.

.Sec. 223.

Sec. 224.

Sec. 225.

Sec 226.
Sec. 227.
Sec. 228.
Sec. 229.
Sec. 230.
Sec. 231.

or primary meeting

Convention

defined
Application of law How meetings

shall be called.
Officers of meeting
When ballot shall be taken.
Challenge of voters.
Preservation of ballots.
Regulations may be adopted by

primary.
Nominations of candidates may be

bv convention or primarv.
Certificate of nomination by con-
vention or primary.
How candidates may be nominated

outside of convention.
Certificate of nomination shall

name but one candidate.
Certificate of nomination shall be

verified by path.
Certificate of nomination shall be

preserved one year.

Sec. 232.
Sec. 233.

Sec. 234.
Sec. 235.
Sec. 236.
Sec. 237.

Sec. 238.
Sec. 239.

Sec. 240.
Sec. 241.

Sec. 242.
Sec. 243.

Places for filing certificates of
nomination.

Time for filing certificates of nom-
ination.

Declination of nomination.

Vacancies in lists of nominees.

Filling vacancy.

Filling vacancies in lists of nom-
inees.

Secretary of state shall certify
substitute nominees.

Filling vacancies after ticket
printed Stickers.

A "sticker" defined.

Notice of questions to be submitted
to vote.

Secretary of state shall certify
nominations.

Posting list of nominees Number
of ballots for each precinct.

CONVENTION OR PRIMARY MEETING DEFINED.

SEC. 219. A convention or primary meeting within the meaning
of this act is an organized assemblage of electors or delegates repre-
senting a political party.

[S. L. 1890, Ch. 80, Sec 85.]
State ex rel Bennett vs. Barber, 4 Wyo. 56.

APPLICATION OF LAW -HOW MEETINGS SHALL BE CALLED.

SEC. 220. Any caucus or public meeting of the qualified voters
of a county, district, city, town, ward of a city or town, or polling pre-
cinct, of any specified party or portion of such voters, for the nomi-
nation of candidates to be supported at any state, general, county,
district, municipal or other election, or for the selection of delegates
to any political convention, or for the appointment of any political
committee, may be called by written or printed notice, specifying that
the same is to be held in accordance with the provisions of this title,
and such provisions thereof shall then apply to the conduct and pro-
ceedings of such meeting.

[S. L. 1897, Ch.53, Sec. 24.]

g22i KLKCTORS AND KLPXTK )XS DIV. I TI,. 4

OFFICERS OF MEETING.

SEC. 221. The call for the meeting shall designate by name or
office the person who shall call the meeting to order; and the person
so designated shall call the meeting to order and preside until a chair-
man shall be chosen. In case, however, the person so designated
shall be absent at the time appointed, the meeting may choose a tem-
porary chairman to act in place of such person. The organization of
the meeting by the choice of a chairman, clerk and such other officers
as the meeting may require, shall be the first business in order.

[S L 1890-91, Ch. 32, Sec. 2 ]

WHEN BALLOT SHALL BE TAKEN,

SEC. 222. A ballot shall be taken for the choice of any candidate,
delegate or member of a political committee to be selected by such
meeting, in case five or more of the persons present and entitled to
vote therein shall in any case so request in writing; and in case of
such written request, a ballot shall be taken for the choice of the chair-
man of such meeting unless the meeting shall vote to dispense with
such ballot. Such written request may be presented to the presiding
officer for the time being, by motion or otherwise at any time, before
a choice of the officers to which it relates is effected.

[S. L. 1890-91, Ch. 32, Sec. 3 ]

CHALLENGE OF VOTERS,

SEC. 223. Any person offering to vote at an)' such meeting may
be challenged by any person present as to whether his political faith
is in accordance with that of the party or voters holding such meet-
ing. Upon such challenge, the party challenged, before he shall bc
permitted to vote, shall be required to make a sworn statement be-
fore the presiding officer of such meeting that his political faith is in
accordance with the party or voters holding such meeting; and in
case he refuses to make such sworn statement, his vote shall not be

received.

[S. L. 1890-91, Ch. 32, Sec. 5.]

PRESERVATION OF BALLOTS,

SEC, 224. The clerk chosen at such meeting shall, at the request
in writing of five voters entitled to act therein, safely keep all ballots
cast, and check lists used therein for a period of three months, and
shall produce the same if called for by any court of justice.

[vS. L. 1890-91, Ch. 32, Sec. 7-j

REGULATIONS MAY BE ADOPTED BY PRIMARY,

SEC. 225. Nothing herein shall prevent the enforcement at any
primary of further regulations not inconsistent with the provisions of

this title.

[S. L 1890-91, Ch. 32, Sec. S.]

CH. 3 NOMINATIONS ^226

NOMINATIONS OF CANDIDATES MAY BE BY CONVENTION OR PRI-
MARY.

SEC. 226. Any convention or primary meeting as herein de-
fined, held for the purpose of making nominations to public office and
also electors to the number herein specified may nominate candidates
for public office to be filled by election.

(S. L. 1890, Ch. 80, Sec. 84 ]

CERTIFICATE OF NOMINATION BY CONVENTION OR PRIMARY.

SEC. 227. All nominations made by such convention or primary
meeting shall be certified as follows: The certificate of nomination
shall be in writing, shall contain the name of each person nominated;
his residence; his business, and the office for which he is nominated,
and shall designate in not more than two words, of which the word
"Party" shall be one, the political party which such primary meeting
represents (as for instance: "Republican Party," ' 'Democratic Party,"
"People's Party," or "Fusion Party") a compound or hyphenated
word shall not be used to indicate the name of a political party within
the meaning of this section. The certificate shall be signed by the
chairman and secretary of such convention or primary meeting, who
shall add to their signatures their respective places of residence, and
make oath before an officer qualified to administer the same that the
affiants were such officers of such convention or primary meeting, and
that the statements contained in such certificate are true to the best of
their knowledge and belief. A certificate that such oath has been ad-
ministered shall be made and signed by the officer before whom such
oath was made. The certificate, made out as herein required, shall be
delivered, or be caused to be delivered, by the chairman or secretary
of such convention or primary meeting to the officer by whom the
same is to be filed.

[S. L. 1897, Ch. 53, Sec. 12.]
State ex rel Bennett vs. Barber, 4 Wyo 56.
State ex rel vs. Burdick, 46 Pac. 854.

HOW CANDIDATES MAY BE NOMINATED OUTSIDE OF CONVENTION.

SEC. 228. Candidates for public office may be nominated other-
wise than by convention or primary meeting in the following manner:
A certificate of the nomination containing the name of each person
nominated; his residence; his business; the office for which he is
nominated and the name of the party or principle which the candidate
and those nominating him represent, expressed in one word, entirely
different from the name of any political party making nominations vo-
ted for at the last preceding general election, shall be signed by the
electors residing within the district or political division in and for
which the officer, or officers are to be elected, in the following num-
bers:
State ex rel vs Burdick, 46 Pac. 854.

The number of signatures shall not be less than one hundred
when the nomination is for an office to be filled by the electors of the
tntire state, or any subdivision thereof larger than a county, and shall
not be less than twenty-five when the election is for an office to be

.11

*229 ELECTORS AND ELECTIONS 1)1 V. i TL. 4

filled by the electors of a county, and shall not be less than ten when
the election is for an office to be filled by the electors of any subdi-
vision or district less than a county. The signatures need not all be
appended to one paper, but each elector signing the certificate shall
add to his signature his place of residence and his occupation. Such
certificate may be filed in the same manner and with the same effect
as a certificate of nomination made by a party convention or primary
meeting.

[S L. 1897, Ch. 53. Sec 13 ]

CERTIFICATE TO NAME BUT ONE CANDIDATE - PERSON CAN AC-
CEPT BUT ONE NOMINATION.

SEC. 229. No certificate of nomination shall contain the name
of more than one candidate for each office to be filled, and if it dees it
shall be void. No person shall join in nominating more than one per-
son for the same office and if he does, his name shall not be counted
upon either certificate. Whenever an}- person shall receive two or
more nominations for the same office, he shall be deemed to have ac-
cepted the nomination first made and to have declined the others un-
less, within the time limited for filing certificates of nomination, he
shall file in the office where such certificates of nomination are re-
quired to be filed, a written statement, signed and sworn to by him,
designating which one of such nominations he desires to accept, and
upon the filing thereof he shall be deemed to have declined the other
nominations.

[S L. 1890, Ch. 80, Sec. 89 S. L. 1897, Ch. 53, Sec. 16 ]
State ex rel vs. Burdick, 46 Pac. .854.

CERTIFICATE OF NOMINATION SHALL BE VERIFIED BY OATH.

SEC. 230. One of the signers to each separate certificate of nom-
ination shall swear that the statements therein contained are true to
the best of his knowledge and belief, and a certificate shall be annexed
to each oath.

[S. L. 1850, Ch. 80, Sec 90.]

CERTIFICATE OF NOMINATION SHALL BE PRESERVED ONE YEAR.

SEC. 231. The secretary of state and the clerks of the several
counties, and of the several municipal corporations shall cause to be
preserved in their respective offices for one year all certificates of nom-
ination filed under the provisions of this chapter. All such certifi-
cates shall be open to public inspection under proper regulations to be
made by the officers with whom the same are filed.

[S. L. 1890, Ch. 80, Sec. 91 1

PLACES FOR FILING CERTIFICATES OF NOMINATION.

SEC. 232. Certificates of nomination of candidates for offices to
be rilled by the electors of the entire state or of any division or district
greater than a county, shall be filed with the secretary of state. Cer-
tificates of nomination for county and precinct officers, including mem-
bers of either branch of the legislature, shall be filed with the clerks
of the respective counties, wherein the officers are to be elected.

[S. L. 1890. Ch. 80, Sec. 87.]

CH. 3 NOMINATIONS 3233

TIME FOR FILING CERTIFICATES OF NOMINATION.

SEC. 233. Certificates of nomination to be filed with the secre-
tary of state shall be filed not more than ninety days and not less than
forty days before the day fixed by law for the election of the persons
in nomination. Certificates of nomination to be filed with the county
clerk shall be filed not more than sixty days and not less than twenty-
five days before the election. Certificates for the nomination for can-
didates for municipal offices shall be filed with the clerk of the respec-
tive municipal corporations not more than thirty days and not less
than three days previous to the day of election; provided, that the
provisions of this section shall not be held to apply to nominations
for special elections to fill vacancies caused by death, resignation or
otherwise.

[S. I,. 1897, Ch. 53, Sec. 14.]

DECLINATION OF NOMINATION.

SEC. 234. Whenever any person nominated for public office as
in this chapter provided, shall at least twenty-five days before elec-
tion, except in the case of municipal elections, in a writing 1 signed by
him and acknowledged before an officer qualified to take acknowledg-
ments, notifying the officer with whom the certificate nominating him
is by this chapter required to be filed that he declines such nomina-
tion, such nomination shall be void. In municipal elections such de-
clinations must be made at least two days before the election.

[S. L. 1890, Ch. 80, Sec. 95. j

VACANCIES IN LISTS OF NOMINEES,

SEC. 235. Should any person so nominated die before the print-
ing of the tickets, cr decline the nomination as in this chapter pro-
vided, or should any certificate of nomination be, or become insuffi-
cient, or inoperative from any cause, the vacancy or vacancies thus
occasioned may be filled in the manner required for original nomina-
tions.

[S. L. 1891), Ch. 80, Sec. 96.]

FILLING VACANCY.

SEC. 236. A vacancy occurring in any nomination made by a
party convention can be filled by a subsequent convention of that
party or by a committee to which power has been delegated, but can
not be filled in any other manner.

[S. L. 1897, Ch. 53, Sec. 15.]

FILLING VACANCIES IN LISTS OF NOMINEES.

SEC. 237. If the original nomination was made by a part}' con-
vention which had delegated to a committee the power to fill vacan-
cies, such committee may upon the occurring of any such vacancies
proceed to fill the same. The chairman and secretary of such com-
mittee shall thereupon make and file with the proper officer a certifi-
cate setting forth the cause of the vacancy, the name of the person
nominated, the office for which he was nominated, the name of the
person for whom the new nominee is to be substituted, the fact that
the committee was authorized to fill vacancies, and such further infor-

^238 ELECTORS AND ELECTIONS DIV. i TL. 4

mation as is required to be given in an original certificate of nomina-
tion. The certificate so made shall be executed in the same manner,
and shall have the same force and effect as an original certificate of
nomination.

[S. L. 1890, Ch. So, Sec. 97.]

SECRETARY OF STATE SHALL CERTIFY SUBSTITUTE NOMINEES.

SEC. 238. When such certificate shall be filed with the secretary
of state he shall, on certifying the nomination to the various count y
clerks, insert the name of the person who has thus been nominated to
fill a vacancy in place of that of the original nominee. And in the
event that he has already sent forth his certificate, he shall certify to
the clerks of the proper counties the name of and description of the
person so nominated to fill a vacancy, the office he is nominated for.
the party or political principle he represents, and the name of the per-
son for whom such nominee is substituted.

|S. L. 1890, Ch. 8<>, Sec. 98.]

FILLING VACANCIES AFTER TICKET PRINTED STICKERS.

SEC. 239. When any vacancy occurs before election day and
after the printing of the tickets, and any person is nominated accord-
ing to the provisions of this chapter to fill such vacancy, the officer
whose duty it is to have the tickets printed and distributed shall there-
upon have printed a requisite number of stickers, and shall mail them
by registered letter to the judges of election in the various precincts
interested in such election, and the judges of election whose duty it is
to distribute the tickets shall affix such stickers in the proper place on
each ticket before it is given out to the elector.

[S. L. 1890, Ch. 80, vSec. 99.]

A "STICKER" DEFINED.

SEC. 240. A sticker shall be a strip or piece of paper bearing
upon one side the printed or written name or names of a candidate or
canclidates for office, and bearing upon the other side an adhesive sub-
stance.

[S. L. 1890. Ch. So, Sec. iuo.]

NOTICE OF QUESTIONS TO BE SUBMITTED TO VOTE.

SEC. 241. Whenever a proposed constitution or constitutional
amendment, or other question is to be submitted to the people of
Wyoming for popular vote, the secretary of state shall not less than
thirty days before election certify the same to the clerk of each
county, and the clerk of each county shall include the same in the
publication herein provided. Questions to be submitted to the people
of a county or municipality, shall be advertised as provided for nom-
inees for office.

[S. L. 1890, Ch. 80, Sec. ioi.]

SECRETARY OF STATE SHALL CERTIFY NOMINATIONS.

SEC. 242. Not less than twenty-five nor more than thirty days
before an election to fill any public office, the secretary of state shall
certify to the county clerk of each county within which any of the
electors may by law vote for candidates for such office, the name

CH. 3

ELECTION DISTRICTS AND POLLING PRECINCTS

and description of each person nominated for such office as specified
in the certificate of nomination with the said secretary.

[S. L. 1890, Ch. 80, Sec. 93.]

POSTING LIST OF NOMINEES.

SEC. 243'. At least ten days before the election to fill any public
office, other than a municipal office, the county clerk of each county
shall cause to be published in one or more newspapers within the
county, if there be any, the nominations to office certified to him un-
der the provisions of this title.

The county clerk shall make such publications daily until the
election, in the counties where daily papers are published, but if there
be no daily papers published within the county, two publications in
each newspaper, if there be any, w r ill be sufficient. One of such pub-
lications in each newspaper shall be upon the last day upon w r hich such
newspaper is issued before the election. In the case of municipal elec-
tions such publications shall be made in one or more newspapers, if
there be an}*, devoted to the dissemination of general news and pub-
lished within the municipal corporation in which the election is to be'
held at least three days before the election, the publication to be daily
until election, where there are daily newspapers; but if there be no
daily newspaper published within the municipal corporation, one pub-
lication in each newspaper, if there be any, shall be sufficient.

If no newspapers are published in the county or municipal corpor-
poration, the clerk of either such county or municipal corporation shall
post the said notices at not less than five conspicuous places within the
county, or municipal corporation, as the case may be, at least ten days
before the election, if possible.

Provided, That in special elections, to fill vacancies the foregoing-
provisions of this section shall not apply.

[S. L. 1890-91, Ch. TOO, vSec. 18.]

CHAPTER 4

ELECTION DISTRICTS AND POLLING PRECINCTS

.Sec. 244. Election districts How defined.

Sec. 245. Polling precincts County com-
missioners shall establish.

Sec. 246. Rule for establishing polling pre-
cincts Rule in cities.

Sec. 247. Change of polling precincts I<iin-

itation.
Sec. 248. .Size of polling precincts When

established.

ELECTION DISTRICTS-HOW DEFINED.

SEC. 244. The board of county commissioners of each county,
shall at each regular July meeting, to be held every general election
year, divide the county into convenient election districts, which shall
be known and numbered by the numbers designated. There shall not
be less than five nor more than thirty election districts in any count}'.
In laying out the county into districts the board of county commis-
sioners may, in incorporated cities and towns, make each ward thereof ,
an election district.

[S. L. 1890-91, Ch. loo, Sec. 5.]

ELECTORS AND KIJ-CCTIOXS Div. i TL. 4

POLLING PRECINCTS -COUNTY COMMISSIONERS SHALL ESTABLISH.
SEC. 245. The county commissioners shall, in creating and es-
tablishing election districts, establish in any one district, as many
polling precincts as shall be necessary and convenient for the voters of
the election districts wherein such polling precincts may be estab-
lished, but no polling precincts shall be established after the first day
of registration as herein provided.

[S. L. 1890, Ch. So, Sec. io. |

RULE FOR ESTABLISHING POLLING PRECINCTS-RULE IN CITIES.

SEC. 246. In altering and establishing election districts and
polling precincts, the county commissioners shall be governed and
guided by the interest and convenience of the greatest number of elec-
tors; Provided, that in municipalities, the polling precincts shall not
extend over more than one ward, and that the polling precincts so es-
tablished shall be the polling precincts for municipal elections.

[S. L. 1890, Ch. So, Sec. 13. ]

CHANGE OF POLLING PRECINCTS-LIMITATION.

SEC. 247. At any meeting prior to the first day of registration,
the county commissioners shall have discretionary power on petition
of ten qualified voters within any election district, to vacate, change,
consolidate, remove or establish any polling precincts within the sev-
eral election districts; Provided, that no increase or decrease shall be
made in the number of such election districts oftener than once in two
years.

|S. L. 1890, Ch. So, Sec. n.j

SIZE OF PRECINCTS WHEN ESTABLISHED.

SEC. 248. On or before the first day of September, of each year,
in which an election is to be held, the officers charged by law with the
establishment or alteration of polling precincts, shall, as far as neces-
sary, divide the existing election districts into polling precincts in such
a manner that each polling precinct shall not contain more than four
hundred voters.

[S. L. 1890, Ch. So, Sec. 12.]

CH. 5

REGISTRATION

8249

CHAPTER 5

REGISTRATION

Sec. 249.
Sec. 250.
Sec. 2~,i.

Sec. 252.

vSec. 253.
Sec. 254.
Sec. 255.
Sec. 256.
Sec. 257.
Sec. 258.
Sec. 259.
Sec. 260.

Sec. 26 u
Sec. 262.

Appointment of registry agents.

Oath of registry agents.

County commissioners shall fur-
nish supplies.

Meetings of registry agents Post-
ing notice.

Who must be registered.

Oath of applicant to register.

Registration hours.

Copies of registry list to be made.

Disposition of registry lists.

Meeting to complete lists Time.

Proceedings shall be public Hear-
ing-
Correction of lists Challenges.

Qualified elector may be regis-
tered.

Sec. 263.
Sec. 264.
Sec. 265.
Sec. 266.
Sec. 267.

Sec. 268.

Sec. 269.
Sec. 270.

Sec. 271.
Sec. 272.
Sec. 273.
Sec. 274.

Affidavit of elector registering.

Certified lists to judges of election.

Only registered electors can vote.

Challenge of registered electors.

Clerks of election shall make list
When.

Joists returned! by judges Preser-
vationPublic.

Pay of registry agents.

Registry agents Power Vacan-
cies.

Judges ex-officio registry agents
Wnen.

Klection register When and how
kept.

Oath of elector voting on election
day Corroborating oath.

When elector mav vote.

APPOINTMENT OF REGISTRY AGENTS.

SEC. 249. Prior registration shall be required, first, in each elec-
tion district in any incorporated city or town, irrespective of the num-
ber of votes cast therein, and second, in each election district located
on the line of a railroad and not within an incorporated city or town,
in which district more than one hundred votes were cast at the last
preceding general election. The boards of the county commissioners
of the several counties at each regular July meeting in every general
election year shall appoint two registry agents for each election district
in which prior registration is so required. Such registry agents shall
not be members of the same political party, but shall be qualified vot-
ers of the election district for which they are appointed, and shall be
otherwise competent to attend to the duties incident to their appoint-
ment. They shall hold their office for the term of two years and un-
til their successors are appointed and qualified, but they may be re-
moved at the will of the county commissioners for cause.

[S. L. 1897, Ch. 53, Sec. 5.]

OATH OF REGISTRY AGENTS.

SEC. 250. Before entering upon the duties prescribed in this ti-
tle, the registry agents, including ex-officio registry agents, shall sev-
erally take and subscribe before an officer duly authorized to adminis-
ter oaths, the following oath or affirmation, which shall be filed in the
office of the county clerk of their respective counties, to- wit:

"I, registry agent for election district

No in the county of Wyoming, do

solemnly swear (or affirm) that I will perform all the duties of registry
agent in and for said election district according to law and the best of
my ability, and that in the discharge of my duties as such agent I will

251 ELECTORS AND ELECTIONS DIV. i TL. 4

honestly endeavor to prevent fraud, deceit or an}- other manner of
abuse of the elective franchise, so help me God (or for which I will
answer under the pains and penalties of perjury)."

[S. L. 1890, Ch. 80, Sec. 38.]

COUNTY COMMISSIONERS SHALL FURNISH SUPPLIES.

SEC. 251. The county commissioners of the several counties
shall supply the registry agents of their respective counties with all
proper and necessary books and stationery and blank forms of affidav-
its for the voters, and particularly with printed copies of this title.
They shall furnish to each registry agent a bound book which shall be
known as the "Official Register," which shall be ruled in columns of
suitable dimensions to provide for the following entries opposite the
name of each elector, to- wit:

1. Number of the register.

2. Date of regivStry.

3. Name of elector.

4. Age of elector.

5. Where born.

6. Name of polling precinct.

7. Description of residence.

[S. L. 1890, Ch. 80, Sec. 35.]

MEETINGS OF REGISTRY AGENTS-POSTING NOTICE.

SEC. 252. Said registry agents shall meet on the Tuesday four
weeks preceding each general and special election, at the office of the
clerks of their respective cities or towns and villages, or at some con-
venient place therein designated by the county commissioners and
made known by said registers by advertisement posted up in five pub-
lic places in their district at least five days before the time of meeting.

In incorporated cities and towns where a ward is made an election
district, the registry agents of such district shall meet at some conven-
ient place within such district as designated by the county commis-
sioners.

They shall convene at 9 o'clock in the morning and proceed ta
make a list, as hereinafter prescribed, of all persons qualified and en-
titled to vote at the ensuing election in their respective election dis-
tricts, designating the w r ard and polling precinct, in which such per-
sons are then residing and entitled to vote, which list, when complete,
shall constitute and be known as the register of electors of said elec-
tion district.

[S. L 1890-91, Ch. 100, Sec. 7.]

SEC. 253. Said registers shall each contain a list of the persons
so qualified and entitled to vote in said election district, according to
their wards and polling precincts, when there are any, alphabetical! y
arranged according to their surnames so as to show in one column the
name in full, in another column the residence by the number of the
dwelling, if there be a number, and the name of the street, or other
location of the dwelling place, as near as may be, of each person.

[S. L. 1890, Ch. 80, vSec. 17.]

CIL 5 REGISTRATION 2 254

WHO MUST BE REGISTERED.

SEC. 254. The said registry agents shall enter on said lists the
names of all persons residing in their jurisdiction who are entitled to,
and claim the right to, vote at the next general election. Such per-
sons shall appear in person.

[S. L. 1890-91, Ch. ioo, Sec. 8.]

OATH OF APPLICANT TO REGISTER.

SEC. 255. Every person applying to be registered shall, before
he shall be entitled to have his name registered, take and subscribe be-
fore one of the registry agents one of the following oaths, which shall
then be filed with said agents, to-wit:

"The State of Wyoming. County of ss: I do

solemnly swear (or affirm) that I am a citizen of the United States;
that I will be twenty-one years of age on or before the election day
next ensuing; that I w r ill have actually and not constructively been a
bona fide resident of said state one year and of said county sixty days
preceding the day of the next general election; that I am an actual
resident of polling precinct number , in election district num-
ber in said county, and that I can read the constitution of said

state. So help me God."

"State of Wyoming, County of ss.

"I do solemnly swear (or affirm) that I am a citizen of the United
States; that I was a resident and qualified elector of Wyoming on the
tenth day of July, 1890, that I have ever since then continued to be a
resident of Wyoming; that I will have actually and not constructively
been a bona fide resident of said county sixty days preceding the day
of the next general election, that I am an actual and bona fide resident of

polling precinct number in election district number

in said county. So help me God."

1 'The State of Wyoming, County of ss.

"I do solemnly swear (or affirm) that I am a citizen of the United
States; that I will be twenty-one years of age on or before the election
day next ensuing; that I will have actually and not constructively
been a bona fide resident of this state, one year and in this county
sixty days preceding the day of the next general election; that I am

an actual and bona fide resident of polling precinct number ,

in election district number , in said county, and that I am

prevented by reason of physical disability from being able to read the
constitution of this state. So help me God."

[S. L. 1897, Ch. 53, Sec. 6. j

REGISTRATION HOURS.

SEC. 256. Said registry agents shall sit continuously from day
to day until their labors are completed, not exceeding five days, and
they shall keep their office open for the transaction of their business
each day during the following hours, to-wit: From 9 o'clock in the
morning until i o'clock in the afternoon, and from 2 o'clock in the
afternoon until 6 o'clock in the afternoon, and from 7 o'clock in the
evening until 9 o'clock in the evening.

[S. L. 1890-91, Ch. ioo, Sec. 8.]

?257 ELECTORS AND ELECTIONS D.IV. i TL. 4

COPY OF REGISTRY LIST TO BE MADE.

SEC. 257. When the registry is complete the registry agents
shall make three copies thereof, and certify the register and the copies
thereof to be a true list of the voters of their election districts, so far
as they may know.

[S. L. 1890-91, Ch loo, Sec. 8.]

DISPOSITION OF REGISTRY LISTS.

SEC. 258. Within four days thereafter, the said original list
shall be filed by said registry agents in the office of the county clerk
of the proper county, and one cop)' of said list shall be filed in the of-
fice of the clerk of the municipal corporation of the election district,
and one copy shall be retained by each of said registry agents, and
said registry agents shall also make a copy for each polling precinct in
the district, and in the municipal corporation. The last said copy
shall contain the list of voters in the ward in which the polling pre-
cinct is located, showing the precinct in which each elector resides,
which last said copies shall be deposited with the board of county
commissioners of the county, to be by them distributed to the election
officers of said precincts for their use on the clay of election. The
board of county commissioners shall cause a copy of each of said ward
lists to be publicly posted at each polling precinct in said district at
least eighteen days before election day, if possible.

[S. L 1890-91, Ch. 100, Sec. 8.]

MEETING TO COMPLETE LISTS- TIME,

SEC. 259. The said registry agents shall again meet at the places
hereinabove designated twelve days preceding the day of election for
the purpose of revising, correcting and completing said list. They
shall hold their sessions for not exceeding two days and during the
same hours as at their first meeting.

[S. L. 1890, Ch. 80, Sec. 19.]

PROCEEDINGS SHALL BE PUBLIC -HEARING.

SEC. 260. The proceedings shall be open, and all persons resid-
ing and entitled to vote in said district shall have the right to be heard
in person in relation to the corrections or additions to said register.

[S. L. 1890, Ch. 80, Sec. 20 ]

CORRECTION OF LIST CHALLENGES.

SEC. 261. Said agents shall at their first meeting for revising
and correcting said list, erase therefrom the name of any person in-
serted therein, who shall be proved by the oath of two legal voters of said
district, to the satisfaction of said agents, to be non-residents of said
district, or otherwise not entitled to vote in said district at the election
then next to be held.

Provided, That if the person whose name is on such list shall be
challenged, he shall be entitled to controvert by the oaths of legal
electors of said district the allegations relating to his non-residence or
other alleged disqualifications.

[vS. L. 1890-91, Ch. 100, Sec. 9 ]

CH. 5 REGISTRATION $262

QUALIFIED ELECTOR MAY BE REGISTERED.

SEC. 262. Any elector residing in said district, entitled to vote
therein, may appear before said agents in person and require his or
her name to be recorded in said alphabetical list for the ward or pre-
cinct in which he or she claims to reside.

[vS. L. 1890-91, Ch. ioo, Sec. 9.]

AFFIDAVIT OF ELECTOR REGISTERING.

SEC. 263. Any person requiring his or her name to be so entered
on said list shall make the same affidavit required of an elector who
registers as heretofore provided, and shall be subject to challenge by
either of the registry agents, or by any elector, and in case no chal-
lenge is made, such name shall be entered upon the registry list, or in
case of challenge as aforesaid, then such person shall be registered
only upon being vouched for by the affidavit of two electors, as pro-
vided for in sections three hundred and twenty-two and three hundred
and twenty-three.

[S. L. 1890-91, Ch. ioo, Sec. 9.]

CERTIFIED LISTS TO JUDGES OF ELECTION.

SEC. 264. After said lists shall have been fully completed and
five or more days before the day of election, the said agents shall cause
a complete list of the registered voters of each precinct in their respec-
tive districts to be made, certify the same to be correct and deliver to
the judges of election of each polling precinct a list of the registered
voters in their respective precincts. It shall be the duty of the judges
so receiving such list carefully to preserve such list for their use on
election day and to designate two of their number at the opening of
the polls to check the name of each registered voter voting in such
precinct.

[S. L. 1890, Ch. 80, Sec. 22.]

ONLY REGISTERED ELECTORS CAN VOTE.

SEC. 265. No vote shall be received at any general or special
election if the name of the person offering to vote be not on said regis-
ter made as aforesaid in districts where registration is required.

[S. L 1890, Ch. 80, Sec. 22.]

CHALLENGE OF REGISTERED ELECTORS.

SP:C. 266. Any person may be challenged and the same oaths re-
quired as now are or hereafter may be prescribed by law touching the
legality of the vote offered.

[S. L. 1890, Ch. 80, Sec 22.]

CLERKS OF ELECTION SHALL MAKE LIST- WHEN.

SEC. 267. The clerks at each polling precinct where prior regis-
tration is not by law required, in addition to the duties now prescribed
by law, shall enter on the poll list kept by them in columns prepared
for that purpose, opposite the name of each person voting the same
statement or minute heretofore required of the registry agents in mak-
ing the registry.

[S. L 1890, Ch. 80, Sec 23.]

268 ELECTORS AND ELECTIONS DIV. i TL. 4

LISTS RETURNED BY JUDGES-PRESERVATION-PUBLIC

SEC. 268. After the canvass of the votes the register so kept
and checked as aforesaid shall be returned by the judges of election
together with the poll lists and said register shall be retained and care-
fully preserved as a public record in the office of the county clerk.
Such register at all times shall be open for public inspection at the of-
fice of the said county clerk without charge.

[S. L. 1890, Ch. 80, Sec. 24.]

PAY OF REGISTRY AGENTS.

SEC. 269. The said registry agents shall each receive the sum of
three dollars per day for each day actually employed, to be paid out
of the county treasury upon properly verified claims.

[S. L. 1890, Ch. 80, Sec. 25.]

REGISTRY AGENTS-POWER- VACANCIES.

SEC. 270. The said registry agents shall have and exercise the
same power in preserving order at their meetings as are given to judges
of election for preserving order on election day. All vacancies shall
be filled by the board of county commissioners, if such board be in
session in time, and if not, such vacancies shall be filled by the county
clerk.

[S. L. 1890, Ch. 80, Sec. 26.]

JUDGES EX-OFFICIO REGISTRY AGENTS-WHEN.

SEC. 271. The judges of election of each election precinct in
Wyoming in all districts where there were cast at the last preceding
general election in each polling precinct in said district, as shown by
the returns thereof, not more than fifty votes, shall be ex-officio regis-
try agents for their respective precincts, and it shall be the duty of the
county clerk of each county, to furnish to the judges of election, if
such polling precinct has by the returns of the last preceding general
election shown to have polled not more than fifty votes, the same
books, stationery, including black lead pencils for the purpose of
marking ballots of electors, and none other shall be used for such pur-
pose, and blank forms of affidavits and printed copies of the election
law, as they are required to furnish to the registry agents of such
election districts on which registration is required before the day of
election. It shall be the duty of the judges of election in the precincts
where they are required to also act as registry agents, to register in
the proper official register, each voter applying to vote in the manner
prescribed by law for registration, prior to such voter being permitted
to cast his ballot at such election.

[S. L. 1895, Ch. 118, Sec. 2.]

ELECTION REGISTER WHEN AND HOW KEPT.

SEC. 272. The said judges of election as such ex-officio registry
agents, shall require and see that the clerks of election register all
electors voting, giving full particulars in the proper columns of the
records prepared by them as by this chapter required. Except that in
giving the residence of persons who do not live in cities or towns, the
residence of the elector shall be given by legal sub-divisions of land,

CH. 5 JUDGES AND CLERKS OF ELECTION 273

according to the United States government survey, where it is practi-
cable to ascertain the same.

[S. L. 1890-91, h. ioo, Sec. TO.]

OATH OF ELECTOR VOTING ON ELECTION DAY-CORROBORATING
OATH.

SEC. 273. Each person offering to vote on election day, shall, in
precincts where prior registration is not required, take and subscribe
the same oath as is required herein of persons applying to be be regis-
tered. Such affidavit shall be administered by one of the judges of
election without charge, and it shall be returned bythe judges with
the poll lists.

[S. L. 1897, Ch. 54.]

WHEN ELECTOR MAY VOTE.

SEC. 274. When a qualified elector applies to vote in precincts
where prior registration is not required, he shall upon registering as
hereinbefore provided, be entitled to vote, but not before.

[S. L. 1890-91, Ch. ioo, Sec. 12.]

CHAPTER 6

JUDGES AND CLERKS OF ELECTION

Judges of election Appointment

of Notice

Sec. 276. Political qualifications of judges.
Sec. 277. Term of office How appointed in

cities.
Sec. 278. Clerks of election Appointment

of Political qualifications.
Sec. 279. Filling vacancy in office of judge

Elections invalid When.

Sec. 280. Oath of judges of election.

Sec. 281. Oath How administered.

Sec. 282. Oaths of clerks How adminis-
tered.

Sec. 283. Pay of election officers.

Sec. 284. Certificate of pay of election offi-
cers.

Sec. 285. Duties of officers.

JUDGES OF ELECTION- APPOINTMENT OF NOTICE,

SEC. 275. The board of county commissioners shall at the last
regular session preceding any election but if said regular session be
within thirty days before the election, then a special meeting shall be
called appoint three capable and discreet persons possessing the qual-
ifications of electors to act as judges of election, at each polling pre-
cinct, and the county clerk shall make out and deliver to the sheriff
of the county immediately after the appointment of such judges a no-
tice in writing directed to the judges so appointed, and said sheriff
shall, within five days after the receipt of such notice, transmit the
same by registered mail to each of said judges of election; Provided,
That the sheriff shall in person or by deputy serve said notice upon
any of the judges of election in the polling precinct at the county seat
of his county.

[S. L. 1890, Ch. 80, Sec. 56.]

276 ELECTORS AND ELECTIONS DIV. i TL. 4

POLITICAL QUALIFICATION OF JUDGES*

SEC. 276. In making the appointment of judges of election as
aforesaid, not more than two at any polling precinct shall be from
any one political party.

[S. L. 1890, Ch. So, Sec. 57. |

TERM OF OFFICE-HOW APPOINTED IN CITIES.

SEC. 277. The judges of election shall be and continue judges of
all elections to be held within their precincts for one year and until
other judges shall be appointed as hereinbefore directed. Municipal elec-
tions shall be conducted in accordance with the provisions of this title.
Provided, however, That the judges of election for such municipal
election shall be appointed by the councilman or trustees of the incor-
porated city or town in which said election shall be held.

[S. L. 1890, Ch. 80, Sec. 58.]

CLERKS OF ELECTION-APPOINTMENT OF-POLITICAL QUALIFICA-
TIONS.

SEC. 278. The judges of election shall choose two persons, hav-
ing the same qualifications with themselves, to act as clerks of the
election and the clerks of the election may continue to act as such dur-
ing the pleasure of the judges of election appointing them. The clerks
shall not be members of the same political party unless it be impracti-
cable to obtain two thus qualified.

[S. L. 1890, Ch. 80, Sec. 59.]

FILLING VACANCY IN OFFICE OF JUDGE - ELECTION PROCEEDINGS
INVALID WHEN.

SEC. 279. If at any time appointed by law for the opening of
any election, any person duly appointed to act as judge of the election
shall fail or refuse to act or to be sworn or affirmed to act in such ca-
pacity, the place of such persons shall be filled by the viva voce votes
of qualified electors residing \vithin the polling precinct as may be
present at the place of election, and each person so elected to fill such
vacancy shall be a qualified elector of the precinct and shall be vested
with the same powers as if appointed by the board of county commis-
sioners. All such judges shall at all times be present when the ballots
are being cast and counted. Any ballot cast in the absence of any
judge shall be invalid. Any proceeding had in the count and canvass
of the votes by the judges, during the absence of any judge, shall be
invalid.

[S. L. 1890-91, Ch. 100, Sec. 15.]

OATH OF JUDGES OF ELECTION.

SEC. 280. Judges of election, whether appointed by the commis-
sioners or elected, shall before entering upon their duty as judges of
election, severally take and subscribe the following oath in writing:

"I do solemnly swear (or affirm) that I will impartially and to
the best of my knowledge and abitity, perform the duties of judge of
this election, and I will studiously endeavor to prevent all frauds, de-
ceit and abuse in conducting the same."

CH. 6 JUDGES AND CLERKS OF ELECTION $281

111 precincts where prior registration is not required, the judge of
election shall, in addition to the foregoing oath, take and subscribe to
the oath required of registry agents before entering upon their duties.

[S. L. 1890-91, Ch. KO, Sec. 16.]

OATH-HOW ADMINISTERED.

SEC. 281. Such oath may be taken before any person authorized
to administer oaths, but if no person authorized to administer an oath
be present, then the judges shall administer the oath to each other
with like effect in all proceedings, both civil and criminal, as though
the oath had been administered by any other person authorized to ad-
minister oaths.

[S. L. 1890, Ch. 80, Sec. 62.]

OATH OF CLERKS-HOW ADMINISTERED.

SEC. 282. The clerks of election shall take and subscribe in
writing an oath similar in character to that required by law to be
taken by the judges, which oath may be administered by any one of
the judges to the clerks.

[S. L. 1890, Ch. 80, Sec 63.]

PAY OF ELECTION OFFICERS.

SEC. 283. The judges and clerks of general county and munici-
pal elections shall receive three dollars each for each full day for their
services in attending such elections and ten hours shall constitute one
day, and the judge or clerk who carries the returns to the postmaster
at the nearest postoffice shall also receive ten cents per mile each way
by the nearest traveled route unless he has to travel in another way
than by railroad, in which case he shall receive ten cents per mile each
wa}^ and three dollars per day for each day necessarily and actually
employed in such travel, also the amount expended for postage and
registration fee upon such return. Constables serving, shall receive
three dollars per day.

[S. L. 1890, Ch. So, Sec. 142.]

CERTIFICATE OF PAY OF ELECTION OFFICERS.

SEC. 284. The clerk of each county, or municipality as the case
may be, shall, on the canvass of the election returns of any election,
make out his certificate stating therein the compensation to which the
judges or clerks of such election and constables may be entitled for
services, and lay the same before the county commissioners, or city or
town council as the case ma}- be, at their next meeting, and the com-
pensation aforesaid shall be ordered to be paid out of the treasury of
such county, citv or town.

[S. L. 1890, Ch. So, Sec. 143.]

DUTIES OF OFFICERS.

SEC. 285. No officer shall deposit in the ballot box any ballot
except a lawful one. A lawful ballot is an official ballot officially
stamped and marked with the initials or name of a judge of the elec-
tion, and offered by a qualified elector during the time of election.

No officer shall allow an unqualified elector to vote.

No officer shall count the ballot of an elector more than once.

ELECTORS AND ELECTIONS

DIV. i TL. 4

No officer shall open or unfold any ballot presented by an elector.

No officer shall reveal how any elector has voted.

No officer shall ascertain or allow any person to ascertain how an
elector has voted; Provided, however, an officer may assist a qualified
but incapacitated elector to vote as provided for in sections three hun-
dred and twenty-eight and three hundred and twenty-nine.

No officer shall refuse a qualified elector the right to vote.

No officer shall be guilty of any fraud, corruption or misbehavior
in the receiving or canvassing or returning of votes.

No officer shall change any ballot voted.

The word officer as used in this section shall include judges and
clerks of election, county and municipal clerks, justices of the peace,
messengers and all others who are in any way connected with the con-
duct of an election or the canvassing or returning thereof. Any officer
violating any of the provisions of this section, shall be imprisoned in
the penitentiary not more than five years and not less than one year,
or be fined not more than two thousand dollars, and not less than one
hundred dollars, or may be both imprisoned and fined as aforesaid,
and shall forever thereafter be incapacitated from holding any civil of-
fice or of exercising the elective franchise in Wyoming.

[S. L. 1890, Ch. So, Sec. 164. |

CHAPTER 7

BALLOTS

Sec. 286.
Sec. 287.
Sec. 288.

Sec. 289.
Sec. 290.

Sec. 291.

Ballots printed at public expense.
Printing of ballots a public charge.
Ballots shall state propositions

submitted to electors.
What ballot shall contain.
Delivery of ballots to judges of

election.
Ballots and stamp delivered under

seal Receipt.

Sec. 292.

Sec. 293.
Sec. 294.

Sec. 295.
Sec. 206.

Preparation of officially printed
ballots Such only shall be cast.

Number of ballots to be furnished

Time of printing ballots Errors
corrected.

Order of court correcting errors.

Replacing lost ballots.

BALLOTS PRINTED AT PUBLIC EXPENSE,

SEC. 286. All ballots cast in elections for public officers (except
school district officers) shall be printed and distributed at public ex-
pense as provided for in section two hundred and eighty-seven.

[S. L. 1890, Ch. So, Sec. 82. ]

PRINTING OF BALLOTS A PUBLIC CHARGE.

SEC. 287. The printing of ballots and cards of instruction for
the electors of each county and the delivery of the same to the election
officers, as provided for in section two hundred and ninety, shall be a
county charge, the payment of which shall be provided for in the
same manner as the payment of other county expenses, and the ex-
pense of printing and delivering the ballots and cards of instruction

CH. 7 BALLOTS #288

shall iii the case of municipal elections be a charge upon the city or
town in which such election shall be held.

[S. Iv. 1890, Ch. 80, Sec. 83.]

BALLOTS SHALL STATE PROPOSITIONS SUBMITTED TO ELECTORS.

SEC. 288. Whenever the secretary of state has duly certified to
the county clerk any question to be submitted to a vote of the people,
the county clerk shall have printed on the regular ballots the question
in such form as will enable the electors to vote upon the question so
presented in the manner provided for in section two hundred and
eighty-nine. The county clerk shall also prepare the necessary ballots
whenever any question is required by law to be submitted to the vote
of the electors of any locality, and not to the state generally, provided,
however, that in all questions submitted to the voters of a municipal
corporation alone, it shall be the duty of the municipal clerk to pro-
vide the necessary ballots.

[S. L. 1890, Ch. 80, Sec. 105.]

WHAT BALLOTS SHALL CONTAIN.

SEC. 289.

First All ballots prepared under the provisions of this chapter
shall be uniform in size, white in color, of a good quality of paper,
sufficiently thick that the printing cannot be distinguished from the
back, and all printing thereon shall be in black ink.

Second Every ballot shall contain the name of every candidate
whose nomination for any office specified in the ballot, has been certi-
fied or filed according to law, and no other name.

Third All nominations made by any political party casting two
per cent, of the vote in the state at either of the last two preceding
general elections shall be placed in a separate column, and all the
nominations of any such political party shall be placed under the name
of such party, as designated by them in their certificates of nomina-
tion. Only one word shall be so used on a ballot to designate the
name of any political party, as for instance: "Republican," "Demo-
crat," or "People's."

Fourth Any proposed constitutional amendments or other ques-
tions to be submitted to the electors for popular vote, shall be printed
at the foot of the ballot in such convenient place as to be readily dis-
tinguishable.

Fifth The ticket of the party having the greatest number of
votes within the county at the last preceding general election shall be
placed first on the ballot, and the position of the other tickets shall be
governed relatively by the same rule. In determining the number of
votes cast or had by the several political parties, reference shall only
be had to the vote for representative in congress.

Sixth The name of a candidate shall be printed upon the official
ballot once, and no more.

Seventh On the left hand side of the ticket shall be a column
designating the office to be voted for, and on the same line in the sev-
al columns under the appropriate party names all the names of candi-
dates nominated for that office shall be printed.

ELECTORS AND ELECTIONS DIV. i TL. 4

Eighth The names of persons nominated otherwise than by the
convention of a party entitled to a column on the ballot shall be placed
in one or more columns to the right of the party columns and under
the designation or heading of "Independent," and after each such
name shall be printed in one word the name of his party or principle,
as given in his certificate of nomination.

Ninth There shall be a space between the party name at the top
of each party column and the name of the head of the ticket, of five
eighths of an inch and in the center of the space under the party name
there shall be a square of three eighths of an inch in which the voter
by his cross mark may declare that he votes for all "the names printed
in that column except such as are erased, as hereinafter specified.

Tenth If an elector desires to vote for part, but not all of the
candidates named in the column of any party, he may make a cross in
the square at the head of that column and erase the name of each can-
didate for whom he does not wish to vote. There shall be left under
the name of each candidate sufficient space to write another name
therein in lieu of the one printed; and when any name so printed is
erased and another name is written immediately thereunder, it shall
be counted as a vote for the name so written in lieu of the one erased.

Eleventh On a line with the name of each candidate and to the
right of each column there shall be a space inclosed in a square in
which the voter may make a cross mark and thereby indicate his
choice for such candidate for that office. When a voter votes for a
party ticket by using the square at the head of the party column and
erases the names in that column, he may then vote for any other can-
didate for that office in lieu of the name erased by placing a cross in
the appropriate space opposite the name of such other candidate.

Twelfth In the preparation of the ballot the order of arrangement
of offices to be filled shall be:

i st. Presidential electors, if any.

2nd. State offices, including justice of the supreme court.

3rd. Representative in congress

4th. District judge, if any.

5th. Members of senate and house of representatives.

6th. County offices.

7th. Precinct offices.

Thirteenth Each ballot shall contain on the face thereof the fol-
lowing specific instructions and no others, in addition to the words
"official ballot," and the name of the state and county, with the date
of the election, to- wit:

"If you desire to vote an entire party ticket, make a cross in the
square under the appropriate party name at the head of the ballot. If
you desire to vote for a part and not all of the candidates of your
party make a cross in the square under the appropriate party name at
the head of the ticket, and erase the name of any candidate in that
column for whom you do not want to vote, and make a cross opposite
the name of the candidate you desire to vote for in lieu of the one

CH. 7 BALLOTS 290

erased, or write the name you desire to vote for in the blank space
immediately under the name erased."

[S. L. 1897, Ch. 53, Sec. 17.]
State ex rel vs. Burdick, 46 Pac. 854.

DELIVERY OF BALLOTS TO JUDGES OF ELECTION.

SEC. 290. At or before the opening of the polls the county clerk
or the municipal clerk in the case of municipal elections shall cause to
be delivered to the judges of election of each polling precinct which is
within the county or within the municipality in the case of municipal
elections, and in which the election is to be held at the polling place
of the precinct the proper number of ballots as provided for in section
two hundred and ninety-three. He shall also deliver to the said judges
a rubber or other stamp with ink pad for the purpose of stamping or
designating the official tickets as hereinafter provided. Said stamp
shall contain the words "official ballot," the name and number of the
polling precinct, the name of the county or municipality as the case
may be, the date of the election, and the name and official designation
of the clerk who furnishes the tickets.
Slaymaker vs. Phillips, 5 Wyo. 453. [S. L. 1890, Ch. 80, Sec. no.]

BALLOTS AND STAMP DELIVERED UNDER SEAL-RECEIPT.

SEC. 291. The ballots and stamp for each precinct shall be en-
closed in a package under seal, and the person delivering them to the
judges of election shall take a receipt therefor, and file the same in the
county or municipal clerk's office, as the case may be.

[S. L. 1890, Ch. 80, Sec. in.]

PREPARATION OF OFFICIALLY PRINTED BALLOTS SUCH; ONLY
SHALL BE CAST.

SEC. 292. Except as in this title otherwise provided, the clerk
of each county shall provide printed ballots for every election for pub-
lic officers, other than city, town or school district officers, in which
the electors or any of the electors within the county participate, and to
cause to be printed in the ballot the name of every candidate whose
name has been certified to, or filed with the county clerk in the man-
ner provided for in this title. Ballots other than those printed by the
respective county clerks, according to the provisions of this title shall
not be cast or counted in any election. In all municipal elections, the
duties herein specified as devolving on the county clerk, shall devolve
on the municipal clerk.

[S. L. 1890, Ch. 80, Sec. 102.]

NUMBER OF BALLOTS TO BE FURNISHED.

SEC. 293. The county clerk of each county shall provide for
each election precinct in the county one hundred ballots for every fifty
or fraction of fifty electors registered in the precinct, and if there is no
registry in the precinct, the county clerk shall provide ballots to the
number of one hundred for every fifty or fraction of fifty electors who
voted at the last preceding general election in the precinct; Provided,
however, That in municipal elections it shall be the duty of the mu-
nicipal clerk to provide tickets as specified in this section.

[S. L 1890-91, Ch. ioo, Sec. 18, Sub. 6-8.]

2294 ELECTORS AND ELECTIONS DIV. i TL. 4

TIME OF PRINTING BALLOTS-ERRORS CORRECTED.

SEC. 294. Ballots shall be printed and in possession of the
count}' clerk at least ten days, and of a municipal clerk at least two
days, if possible, before election, and subject to inspection by the can-
didates and their agents. If any mistake is discovered the county
clerk shall cause the same to be corrected without delay.

[S. L. 1890, Ch. So, Sec. n.8 )

ORDER OF COURT CORRECTING ERRORS.

SEC. 295. Whenever it shall appear by affidavit that an error
or omission has occurred in the publication of the names or description
of the candidates nominated for office, or in the printing of the ballots,
the district court of the county, or the judge thereof shall, upon appli-
cation of any elector, by order require the county or municipal clerk
to correct such error, or to show cause why such error should not be
corrected.

[S. L. 1890, Ch. So, Sec. 109.]

REPLACING LOST BALLOTS.

SEC. 296. In case the ballots to be furnished to any voting pre-
cinct in accordance with the provisions of this title, shall for any rea-
son not be duly delivered, or if after delivery they shall be lost, de-
stroyed or stolen, the county clerk or municipal clerk, as the case may
be, shall cause other ballots to be prepared substantially in the form
of the ballots so wanting. The judges of election, upon the receipt of
said other ballots, shall make a statement under oath that the original
ballots have been lost, stolen or destroyed, and that the said clerk has
furnished them with the new ballots. The judges of election shall
then cause the new ballots to be used in lieu of the original ballots.

[S. L. 1890, Ch. 80, Sec. 107.]

CH. <S

CONDUCT OF ELECTIONS

CHAPTER 8

CONDUCT OF ELECTIONS

Sec. 297.
Sec. 298.
Sec. 299.

Sec. 300.
.Sec. 301.
Sec. 302.

Sec. 303.
Sec 304.
Sec. 305.
Sec. 306.

Sec. 307.
Sec. 308.

Sec. 309.

Sec. 310.
Sec. 311.
Sec 312

Sec. 313.
Sec. 314.
Sec. 315.

Sec. 316.
Sec. 317.

Sec. 318.
Sec. 319.

Notices to judges of special elec-
tion.

Judge shall give notice of inability
to serve.

Preparation of voting places and
supplies.

Ballot box--Hovv constructed.

Contents of voting booth.

Polling places shall not be near
saloons.

Change of polling place

Notice of change of polling place.

Space around polls.

Expense of polling places Utiliz-
ing public buildings.

Number of voting booths.

Approach and departure from
polls.

Electors privileged from arrest
When.

Challengers inside polling place.

Time of keeping polls open.

Proclamation of opening and clos-
ing polls.

Good order at polls.

Power of constable at polls.

Ballot box Public inspection be-
fore election Custody of.

No booths necessary When.

Duty of judges upon failure to re-
ceive registry list.

Cards of instruction to electors
Who shall furnish.

Elector What he may or may not
co in voting Penalty.

Sec. 320.
Sec. 321.

Sec. 322.
Sec. 323.

Sec. 324.

.Sec. 325.
Sec. 326.

Sec. 327.

Sec. 328.
Sec. 329.
Sec. 330.

Sec. 331.
Sec. 332.
Sec. 333.
Sec. 334.
Sec. 335.
Sec. 336.

Sec. 337.
Sec. 338.

Sec. 339.

Poll list How kept.

Elector may vote for anyone Aids
to elector in preparing ballot.

Oath of elector challenged.

Oath identifying challenged elec-
tor.

Challenged electors voting shall be
designated in poll lists.

Officers of election shall challenge.

Administration of oath to chal-
lenged elector.

When an elector who has not reg-
istered may vote.

Judges may assist voter.

Disabled elector may be sworn.

Who allowed within rail Electors
shall not be disturbed.

Booth Who may occupy Time of
occupancy.

Return of spoiled official ballots
limitation.

Official ballots shall not be re-
moved.

Properly endorsed official ballots
only shall be cast.

Return of spoiled and unused bal-
lots by judges of election.

Designation of judges to deliver
official ballots.

Preparation of ballot.

Elector may use unofficial ballot
to aid in marking official ballot.

Casting of official ballot by elector.

NOTICES TO JUDGES OF SPECIAL ELECTION.

SEC. 297. The board of county commissioners shall within a
reasonable time notify the judges of election appointed by them of each
election taking place within the county at which such judges should

officiate.

[S. L 1890-91, Ch. 100, Sec. 14, Sub. 2.]

JUDGE SHALL GIVE NOTICE OF INABILITY TO SERVE.

SEC. 298. Whenever a judge of election knows that he will be
unable to officiate at an election, he shall notify the county commis-
sioners in writing within a reasonable period before such election, that
he will be unable to serve thereat.

[S. L. 1890-91, Ch. TOO, Sec. 14, Sub 3.]

PREPARATION OF VOTING PLACES AND SUPPLIES.

SEC. 299. The sheriff of. the county in general and county elec-
tions and the city marshal in municipal elections, shall provide in each
polling place designated by them, a sufficient number of places, booths
or compartments, which shall be furnished with such supplies and
conveniences as shall enable the voter conveniently to prepare his ballot
for voting, and in which electors may mark their ballots screened from
observation, and a guard rail so constructed that only persons within

ELECTORS AND ELECTIONS DIV. i TL. 4

such rail can approach within ten feet of the ballot boxes, or the
places, booths or compartments herein provided for.

[S. L. 1890, Ch. So, Sec. 112.]

BALLOT BOX-HOW CONSTRUCTED.

SEC. 300. There shall be provided at the expense of the county,
for each polling precinct, a substantial ballot box or canvas pouch
with a secure lock and key. There shall be one opening and no more,
in such box or canvas pouch, of sufficient size to admit a single folded
ballot. The adoption of the canvas pouch to be used instead of the
ballot box, in any precinct, shall be optional with the commissioners
of each county, but in such precincts, where pouches are so adopted,
the pouches shall be returned to the county clerk together with the
other election returns, as by law provided.

[As amended by Ch. 15, Laws 1903.]

CONTENTS OF VOTING BOOTH.

SKC. 301. The voting booth shall not contain anything except
the card of instructions and the sample ballot, each of which shall be
posted 5 therein, and necessary writing and marking materials to enable
the voter to speedily mark his ballot. The marking materials should
be lead pencils whenever it is practicable to obtain the same, and ink
should not be used, if it can be avoided. There shall not be in said
voting booths any placards, notices or devices of any kind whatsoever
to call the attention of the voter to any candidate, or to urge the voter
to vote for any candidate; neither .shall the booth contain anything
for the use or comfort of the voter, whereby the claims of any candi-
date are directly or indirectly urged upon the voter. The judges of
election shall see that the above instructions are strictly complied with.

[S. L. 1890-91, Ch. loo, vSec. 21. j

POLLING PLACES SHALL NOT BE NEAR SALOONS.

SEC. 302. No election shall be held nor shall any election be ap-
pointed to be held in any saloon or bar-room or in any room or place
contiguous or adjoining thereto. Should any place be designated or
appointed for holding an election in violation hereof, or become subject
to such objection after having been so designated, the judges of elec-
tion shall have power to, and they shall on or before the day of such
election and before the opening of the polls on such day, procure a
suitable place as near thereto as may not be subject to like objections.
The judges shall meet at the place first designated at the time for
opening the poll, and after any vacancies in their number shall have
been filled, adjourn to the place chosen by them and at the time of
such adjournment give public notice of such change as provided for in
section three hundred and four, and all expense attending such change
shall be certified by the judges to the proper authorities, and shall be
allowed and paid accordingly.

[S. L. 1890, Ch. 80, Sec. 69.]

CHANGE OF POLLING PLACE.

SKC. 303. Whenever it shall become impossible or inconvenient
to hold an election at the place designated therefor, the judges of

CH. 8 CONDUCT OF ELECTIONS 304

election, after having assembled at or as near as practicable to such
place, and before receiving an}- vote may change to the nearest con-
venient place for holding the election, and at such changed place forth-
with proceed with the election.

[S. L. 1890, Ch. 80, vSec. 70.]

NOTICE OF CHANGE OF POLLING PLACE.

SEC. 304. Upon changing the place of any election as provided
in either of the next two preceding sections, the judges shall cause
proclamation thereof to be made and shall station a constable or some
other proper person at the place from which the change was made to
notify all electors arriving at such place of the change and the place to
which it was made.

[S. L. 1890, Ch. 80, Sec 71.]

SPACE AROUND POLLS.

SEC. 305. A space of twenty feet in every direction from the
polls shall be kept open and clear of all persons, except one challenger
of good conduct and behavior, selected by each political party to de-
tect and challenge illegal voters; Provided, That where the polling
place is in an established building, or it would entail unnecessary expense
upon the county to build such a polling booth, the space of twenty
feet need only be in such direction from the building and in such way
as would leave a clear space for the easy entrance and exit of all elec-
tors, to and from the polling place, without the hindrance or molesta-
tion of any one.

[S. L. 1890-91, Ch. 100, Sec. 17.]

EXPENSE OF POLLING PLACES UTILIZING OF PUBLIC BUILDINGS.

SEC. 306. The expenses of providing % such plans or compart-
ments and guard rails shall be a public charge, and shall be provided
for in the same manner as the other election expenses. In all cases
where it is practicable to utilize a building already constructed, the
county commissioners may use the same, or any school house or other
public building; Provided, That in the use thereof the} 7 can secure a
substantial compliance with the law.

[S. L. 1890-91, Ch. ioo, Sec. 19.]

NUMBER OF VOTING BOOTHS.

SEC. 307. The number of such places, booths or compartments
shall not be less than one for every one hundred electors, or fraction
thereof, registered in the precinct.

[S. L. 1890, Ch. 80, Sec. 114.]

APPROACH AND DEPARTURE FROM POLLS.

SEC. 308. The voters shall approach the polling place from one
direction and depart in another.

[S. L 1-890, Ch. 80, Sec. 73.]

ELECTORS PRIVILEGED FROM ARREST- WHEN.

SEC. 309. Electors shall, in all cases, except in those of felony,
or breach of the peace, be privileged from arrest during their attend-
ance on the elections, and in going to and returning from the same.

[S. L. 1890, Ch. 80, Sec. 74.]

ELECTORS AND ELECTIONS DIV. i TL. 4

CHALLENGERS INSIDE POLLING PLACE.

SEC. 310. The judges of election shall permit at least one and
not more than two legal voters of each party to the contest, to be
chosen by the parties respectively, to enter the room where the elec-
tion is held to act as challengers of voters, and to remain during the
time that the votes are being canvassed and the returns made up; such
challengers shall be residents of the precincts in which they act as
such.

[S. L. 1897, Ch. 53, Sec. n.]

TIME OF KEEPING POLLS OPEN,

SEC. 311. At all elections a poll shall be opened at the place of
election. At each polling precinct such poll shall be opened as soon
after 9 o'clock in the forenoon as possible, and shall be kept open with-
out any adjournment until 5 o'clock in the afternoon, at which time
such poll shall be closed.

[S. L. 1897, Ch. 53, Sec. 10.]

PROCLAMATION OF OPENING AND CLOSING POLLS.

SEC. 312. When opening the polls, one of the clerks or judges
of the election shall make proclamation of the same and at least thirty
minutes before the closing of the poll proclamation shall be made 111
like manner of the time when the polls will be closed.

[S. L. 1890, Ch. 80, vSec. 66.f

GOOD ORDER AT POLLS.

SEC. 313. The judges of election may appoint some constable,
if there shall be one present, to preserve order at and about the polls.
If no officer be in attendance, the judges of the election may appoint
one, and he shall have the powers of a regular constable and be obeyed
as such.

[S. L. 1890, Ch. 80, Sec. 67.1

POWER OF CONSTABLE AT POLLS.

SEC. 314. Any constable attending such election, or person ap-
pointed by the judges as such, may arrest any disorderly person or
suppress any riot or disorder without a warrant, and may call a suffi-
cient number of persons to his aid.

[S. L. 1890, Ch. 80, vSec. 68.]

BALLOT BOX-PUBLIC INSPECTION BEFORE ELECTION - CUSTODY
OF.

SEC. 315. Before any ballot shall be deposited in the ballot box,
the box shall be publicly opened and exhibited and the judges and
clerks shall see that no ballot is in such box; after which the box
shall be locked and the key delivered to one of the judges to be desig-
nated by the others, and shall not again be opened until the close of
the polls. The ballot box shall not be removed from the presence of
the judges or clerks of election after locking said box as herein pro-
vided until all the ballots shall be counted and poll lists made of all the
names on said ballots. %

[S. L. 1890, Ch. So, Sec 81.]

CH. S CONDUCT OF ELECTIONS

NO BOOTHS NECCESSARY-WHEN.

SEC. 316. In precincts containing less than fifty voters as shown
by the last preceding election returns, the election may be conducted
under the provisions of this title without the preparation of such
booths or compartments as required by this chapter.

[S. L. 1890-91, Ch. loo, Sec. 20.]

DUTY OF JUDGES UPON FAILURE TO RECEIVE REGISTRY LIST.

SEC. 317. If any registry agent or any county commissioner fail
or refuse to furnish the judges of election of any precinct lists of the
registered voters in said precincts, as provided for in sections two hun-
dred and fifty-eight and two hundred and sixty-four, the judges of
election are authorized to take a copy of the written list of registered
voters in said precinct as provided for in 'this title, and conduct the
election in said precinct in accordance with the provisions of this chap-
ter, and their returns shall show the reasons for using such written
list instead of the registered list of such election.

[S. L. 1890, Ch. 80, Sec. 37.]

CARDS OF INSTRUCTION TO ELECTORS- WHO SHALL FURNISH.

SEC. 318. The county clerk of each county or municipal clerk,
as the case may be, shall cause to be printed in large type on cards in
English, instructions for the guidance of electors in preparing their
ballots. He shall furnish six of such cards to the judges of election in
each election precinct, and one additional card for each one hundred reg-
istered electors, or fractional part thereof in the precinct, at the same
time and in the same manner as printed ballots. The judges of elec-
tion shall post not less than one of such cards in each place or com-
partment provided for the preparation of ballots and not less than
three of such cards elsewhere, in and about the polling places, upon the
day of election. Said cards shall be printed in large clear type, and
shall contain full instructions to the voter as to what should be done,
viz:

1. To obtain ballots for voting.

2. To prepare the ballots for deposit in the ballot boxes.

3. To obtain a new ballot in the place of one spoiled by accident
or mistake. Said card shall also contain a copy of sections
three hundred and nineteen and four hundred and seventeen. There
shall also be posted in each of the compartments or booths one of the
official tickets, without the official stamp herein provided for, and not
less than three of such tickets posted elsewhere in and about the poll-
ing places upon the day of election.

[S. L. 1890, Ch. 80, vSec. 117.]

ELECTOR- WHAT HE MAY OR MAY NOT DO IN VOTING.

SEC. 319.

1 . No person shall vote or offer to vote at any election except
he shall be a qualified elector.

2. No person shall vote in the name of any registered elector ex-
cept his own.

3. No person shall vote more than once at any election.

ELECTORS AND ELECTIONS DIV. i TL. 4

^. No person shall aid or abet any unqualified person to vote.

5. No person, other than the properly designated election officer,
shall put any ballot or thing into a ballot box.

6. No person shall either directly or indirectly employ, engage
or hire any one, for any fee or reward or promise thereof, to secure
the election or defeat of an}- candidate for office.

7. No person shall receive or demand, either directly or indi-
rectly, any fee or reward for aid given to secure the election or defeat
of any candidate for office.

8. No person shall attempt to influence the vote of any elector
by means of a promise or a favor, or by means of violence or threats
of violence, or threats of withdrawing custom or dealing in business or
trade, or enforcing the payment of a debt, or discharging from em-
ployment, or bringing a suit or criminal prosecution, or any other
threat of injury to be inflicted by him, or by any other means.

9. No person shall in any way offer a bribe to an elector to influ-
ence his vote.

10. No person shall prevent or attempt to prevent any qualified
elector from voting.

1 1 . No person shall give or offer to give any valuable thing or
bribe to any officer, judge or clerk of election, as a consideration for
some act to be done or omitted to be done, contrary to his official duty,
in relation to any election.

12. No officer of election shall do any electioneering on election
day.

13. No person whatsoever shall do any electioneering on election
day within any polling place, or any building in which an election is
being held, or within twenty yards thereof, nor obstruct the doors or
entries thereto, or prevent free ingress to and egress from such build-
ing or place.

14. No person shall remove any ballot from the polling place be-
fore the closing of the polls.

15. No person shall show his ballot after it is marked to any
person in such a way as to reveal the contents thereof, or the name of
the candidate or candidates for whom he has marked his vote, nor
shall any person solicit any elector to show the same.

1 6. No person except a judge of election shall receive from any
elector any ballot prepared for voting.

17. No elector shall receive a ballot from any other person than
one of the judges of election having charge of the ballots, nor shall
any person other than such judge of election deliver a ballot to such
elector.

1 8. No elector shall vote or offer to vote any ballot except such
as he has received from a judge of election having charge of the
ballots.

19. No elector shall place any mark upon his ballot by which it
may afterwards be identified as the one voted by him.

CH. 8 CONDUCT OF ELECTIONS ^320

20. Every elector who does not vote a ballot delivered to him by
the judges of election having charge of the ballots, shall, before leav-
ing the polling place, return such ballot to said judges.

21. No person shall ascertain, or publish, or reveal how any
elector voted at any election.

22. Whoever shall violate any of the provisions of this section
shall be imprisoned in the county jail not to exceed six months, or be
fined not to exceed five hundred dollars, or both.

[S. L. 1890, Ch. 80, Sec. 174.]

POLL LIST-HOW KEPT.

SEC. 320. Each clerk of election shall keep a poll list, which
shall contain a column headed "number," and another headed "names
of voters." The name of each elector voting shall be entered upon
each of the poll books of the respective clerks in regular succession
under the proper headings and the number of such voter placed oppo-
site his or her name in the column headed ''number."

[S. L. 1890, Ch. 80, Sec. 64.]

ELECTOR MAY VOTE FOR ANYONE AIDS TO ELECTOR IN PRE-
PARING BALLOT.

SEC. 321. Nothing herein contained shall prevent any voter
from writing on his ballot the name of any person for whom he de-
sires to vote for any office, and such vote shall be counted the same as
if printed upon the ballot and marked by the voter. Any voter may
take with him into the polling place any printed or written memoran-
dum or paper to assist him in marking or preparing his ballot, except
as otherwise provided in section three hundred and thirty-eight.

[S. L. 1890, Ch. 80, Sec. 103.]

OATH OF ELECTOR CHALLENGED.

SEC. 322. Any person offering to vote may be challenged and he
shall not vote until he has taken the following oath administered by
one of the judges of election:

"You do solemly swear (or affirm) that you are the identical per-
son whom you represent yourself to be, and who is registered in
this precinct at this election, and that you have not votecl at this elec-
tion."

fS. L. 1890, Ch. 80, Sec. 76.]

OATH IDENTIFYING CHALLENGED ELECTOR.

SEC. 323. Such elector so sworn shall also before voting deliver
to the judges of election an affidavit signed by two qualified electors
of that precinct, stating that the person offering to vote, naming him,
is the identical person whom he represents himself to be, and that the
deponents have each known him for at least six months, and that
they believe him to be a qualified elector. Such affidavit shall have
attached thereto the jurat of the officer administering the oath, which
jurat shall bear date the day of the election at which such person of-
fers to vote, and shall be returned by the judges of the election with
other election papers.

[S. L. 1890, Ch. 80, Sec. 76.)

ELECTORS AND ELECTIONS DIV. i TL. 4

CHALLENGED ELECTORS VOTING SHALL BE DESIGNATED IN POLL
LISTS.

SEC. 324. The clerks of election shall write after the name of
every person who has been challenged and voted the word "sworn,"
and the names of the electors making affidavit to the qualifications of
the person voting.

[S. L. 1890, Ch. 80, Sec. 77.]

OFFICERS OF ELECTION SHALL CHALLENGE,

SEC. 325. Each judge or clerk of the election shall challenge
any person whom he shall know or suspect of not being a qualified
elector.

[S. L. 1890, Ch. 80, Sec. 78.]

ADMINISTRATION OF OATH TO CHALLENGED ELECTOR.

SEC. 326. The oath in each case where challenge is given may
be administered by either of the judges of election or by any officer,
resident in the precinct, or district, authorized by law to administer
oaths.

[S. L. 1890, Ch. 80, Sec. 79.]

WHEN AN ELECTOR WHO HAS NOT REGISTERED MAY VOTE.

SEC. 327. At all elections each qualified elector who shall not
have registered as a voter according to law, shall be entitled to vote
thereat, if the failure to register is caused by sickness or absence dur-
ing the last preceding registration period. But before such person's
vote shall be accepted, he shall make an affidavit in writing, duly cor-
roborated by the affidavit of tw r o qualified electors of the precinct at
which he offers to vote, that he is a qualified elector of the state and
of the precinct in which he offers to vote, giving his place of residence,
as near as may be, and stating the length of time he has resided in
his county and in the state, and that such person offering to vote was
absent or by sickness unable to register during the last preceding reg-
istration period. Such affidavit shall be administered by one of the
judges of election, without charge, and it shall be returned by them
with the poll lists.

[S. L. 1890-91, Ch. 100, Sec. 13.]

JUDGES MAY ASSIST VOTER.

SEC. 328. Any voter who declares to the judges of election, that
he or she cannot read, in case such person w r as a voter on the tenth
day of July, A. D. 1890, or that by blindness or other physical disa-
bility, he or she is unable to mark his or her ballot, shall upon re-
quest, receive the assistance of two of the election officers, who shall
not be members of the same political party, in the marking thereof,
and such officers shall certify on the outside thereof that it was so
marked by their assistance, and shall thereafter give no information
regarding the same.

[vS. L. .895, Ch. 4 8-l

DISABLED ELECTOR MAY BE SWORN.

SKC. 329. Either of the judges may require such declaration of
disability to be made by the voter under oath before them, and they

CH. S CONDUCT OF ELECTIONS $330

are hereby qualified to administer the same. No elector other than
one who may, because of his disability to read, or physical disability,
be unable to mark his ballot, shall divulge to any one within the poll-
ing place the name of any candidate for whom he intends to vote or
to ask or receive the assistance of any person within the polling place
in the preparation of his ballot.

[S. L. 1890, Ch. So, Sec. 127.]
Slaymaker vs. Phillips, 5 Wyo. 453.

WHO ALLOWED WITHIN RAIL - ELECTORS SHALL NOT BE DIS-
TURBED.

SEC. 330. No person other than electors engaged in receiving,
preparing or depositing their ballots, or a person present for the pur-
pose of challenging the vote of an elector about to cast his ballot shall
be permitted to be within the rail, and in case of small precincts w r here
places, booths and compartments are not required, no persons engaged
in preparing their ballots shall in any way be interfered with by any
person unless it be some one authorized by the provisions of this title
to assist him or them in preparing his or their ballots.

[S. L. 1890, Ch. 80, Sec. 116.]

BOOTH- WHO MAY OCCUPY TIME OF OCCUPANCY,

SEC. 331. Not more than one person shall be permitted to oc-
cupy any one booth at any one time, and no person shall remain in or
occup)' a booth or compartment longer than may be necessary to pre-
pare his ballot and in no event longer than five minutes, if the other
booths or compartments are occupied.

[S. L. 1890, Ch. 80, Sec. 123.]

RETURN OF SPOILED OFFICIAL BALLOTS LIMITATION.

SEC. 332. Any voter who shall by accident or mistake spoil his
ballot may, on returning such spoiled ballot, and not otherwise, re-
ceive another in place thereof, but no voter shall receive more than
three ballots altogether.

[S. L. 1890, Ch. So, Sec. 124.]

OFFICIAL BALLOTS SHALL NOT BE REMOVED.

SEC. 333. No person shall take or remove any ballot from the
polling place before the close of the polls.

[S. L. 1890, Ch 80, Sec. 125 ]

PROPERLY ENDORSED OFFICIAL BALLOTS ONLY SHALL BE CAST.

SEC. 334. No judge of election shall deposit in any ballot box
any ballot upon which the official endorsement herein provided for
does not appear.

[S. L. 1890, Ch. 80, Sec. 128.]
Slaymaker vs. Phillips, 5 Wyo. 453.

RETURN OF SPOILED AND UNUSED BALLOTS BY JUDGES OF ELEC-
TION.

Sec. 335. All ballots spoiled by the voter shall by the judges be
immediately cancelled and together with those not distributed to vot-
ers shall be preserved and all returned to the county or municipal

#336 ELECTORS AND ELECTIONS DIV. i TL. 4

clerk as the case may be, when the returns required by section three
hundred and forty three are made.

[S. L. 1890, Ch So, Sec. 129.]

DESIGNATION OF JUDGES TO DELIVER OFFICIAL BALLOTS.

SEC. 336. At each election the judges of election shall designate-
two of said judges who shall deliver the ballots to the qualified elec-
tors. Before the delivering of any ballot to an elector the said judges
shall print on the back and near the top of the ballot with a rubber or
other stamp provided for that purpose the designation "Official Bal-
lot," and the other words on the said stamp as provided for in section
two hundred and ninety; and one of the said judges shall write his
name or initials upon the back of each ballot, and directly under the
said official stamp. No number or any mark for identification shall
be put upon any official ballot except as herein provided. Each qual-
ified elector shall receive from the said judges one ballot prepared as
aforesaid .

[S. L. 1890, Ch. S<>, Sec. 119 ]
Slaymaker vs. Phillips, 5 Wyo. 453.

PREPARATION OF BALLOT.

SEC. 337. On receipt of his ballot, the elector shall forthwith
and without leaving the polling place, retire alone to one of the places,
booths or compartments provided for that purpose and there prepare
his ballot as indicated in section two hundred and eighty-nine.

[S. L. 1897/011. 53, Sec. 18.]
Slaymaker vs. Phillips, 5 Wyo. 453.

ELECTOR MAY USE UNOFFICIAL BALLOT TO AID IN MARKING OF-
FICIAL BALLOT.

SEC. 338. In marking a ballot any elector shall be at liberty to
use or copy any unofficial sample ballot which he may choose to mark
or have marked previous to entering the polling place or booth, but no
elector shall be at liberty to use, and no person shall print, have print-
ed, or have in his possession, any unofficial or sample ballot unless the
same is printed on red, yellow or blue paper, and is plainly marked at
the top thereof "Sample Ballot/'

[S. L. 1897, Ch. 53- vSec. 19.]

CASTING OF OFFICIAL BALLOT BY ELECTOR.

SEC. 339. After preparing his ballot the elector shall fold it so
that the face of the ballot will be concealed, and so that the endorse-
ment thereon may be seen. He shall then vote forthwith and before
leaving the polling place.

[S. L. 1890, Ch. So, Sec 122.]
Slaymaker vs. Phillips, 5 Wyo. 453.

CH. 9

CANVASS AND RETURNS OF ELECTION

CHAPTER 9

CANVASS AND RETURNS OF ELECTION

Sec. 340. Canvass of ballots cast.

Sec. 341. Only properly endorsed official
ballots shall be counted.

Sec. 342. Record and certificate of ballots
cast.

Sec. 343. Delivery of election records and
returns.

Sec. 344. Preservation of official ballots cast.

Sec 345. Informality in delivery of returns
shall not invalidate vote.

Sec. 346. Messenger for county election re-
turns.

vSec. 347. Abstract of votes and certificate of

election.
Sec. 348. All returns shall be counted by

canvassing board.
Sec. 349. Certificate of election returns by

county clerk to secretary of state.
Sec 350. Messenger from secretary of state

to secure election returns.
Sec. 351. State canvassing board Notice of

election.

CANVASS OF BALLOTS CAST.

SEC. 340. As soon as the polls of the election shall be closed the
judges shall proceed immediately to canvass the vote given and shall
continue without adjournment until the canvass is completed. The
canvass must commence by a comparison of the poll lists and they
must be made to agree; the ballot box shall then be opened and the
ballots counted by the judges and clerks unopened, and if there are
more ballots than names upon the poll list, the ballots must be re-
turned to the box, shaken up, and one of the judges shall draw from
such box ballots enough to make the remainder agree with the poll
list, which ballots so drawn shall be destroyed, and two or more bal-
lots being found so folded as to bear the appearance of having been
voted by one person shall not be counted, but preserved with the poll
books; the poll list and ballots being made to agree, the judges and
clerks shall then proceed to count and ascertain the number of votes
for each person named upon such ballots.

[S. L. 1890, Ch. 80, Sec. 131.]
Slavmaker vs. Phillips, 5 Wyo. 453.

ONLY PROPERLY ENDORSED OFFICIAL BALLOTS SHALL BE
COUNTED.

SEC. 341. In the canvass of the votes any ballot which is not
endorsed by the official stamp or has not the name or initials of the
judge of election as provided in this title, shall be void, and shall not
be counted. Any ballot or parts of a ballot from which it is impossi-
ble to determine the elector's choice shall be void and shall not be
counted; Provided, That when a ballot is sufficiently plain to gather
therefrom a part of the voter's intention, it shall be the duty of the
judges of election to count such part.

[S. L. 1890, Ch. -So, Sec. 130.]
Slaymaker vs. Phillips, 5 Wyo. 453.

RECORD AND CERTIFICATE OF BALLOTS CAST.

SEC. 342. When the votes shall have been examined and count-
ed the clerks shall set down in their poll books the total number of
persons voting in such precinct at such election; the name of every
person voted for, written at full length; the office for which such

343 ELECTORS AND ELECTIONS DIV. i Tl,. 4

person receives such vote, and the number he did receive, the numbers
being expressed in words at full length, and also in figures, such en-
try to be made substantially in the following form, to- wit:

"At an election held in Polling Precinct No in

Election District No , in County, Wyo-
ming, on the,. day of , A. D T the total

number of persons voting was and the .following

named persons received the number of votes annexed to their respec-
tive names for the following offices: ( Here insert names of candidates
voted for with office and number of votes received, the number of
votes received in each case to be spelled out in full as well as written
in figures. )

Certified bv us,

Attest: Judges of Klection.

Clerks of Election.

Dated at this day , A. D ,."

As soon as all the votes shall have been read off and counted the
judges and clerks of election shall make out and sign a certificate un-
der their hands, as above provided.

[S. L. 1897, Ch. 53, Sec. 20.]

DELIVERY OF ELECTION RECORDS AND RETURNS,

SEC. 343. The judges of election shall then enclose and seal one
of the poll books together with all the ballots cast and affidavits of
electors concerning the qualification of persons voting, all ballots re-
turned by voters as spoiled and all ballots not cast, accounting for
those posted as by law 7 required, under cover directly to the county
clerk of the county in which such election is held, or municipal clerk
as the case may be, and the packet thus sealed shall be conveyed by-
one of the judges or clerks of election, to be determined by lot if they
cannot agree otherwise, and the said packet shall be delivered to the
postmaster at the nearest postoffice and registered within forty-eight
hours from the closing of the polls. The judges of election shall re-
tain the other poll books in their possession.

[S. L. 1890, Ch. 80, Sec. 133.)

PRESERVATION OF OFFICIAL BALLOTS CAST.

SEC. 344. All the ballots counted by the judges of election shall,
after being read, be strung upon a strong thread or twine in the order
in which they have been read, and shall be delivered, together with
the poll books, to the clerk as hereinbefore specified, who shall care-
fully preserve said ballots for six months, and at the expiration of that
time shall destroy them by burning without the package being prev-
iously opened; Provided, If any contest of election shall be pending in
which such ballots may be required as evidence, the same shall not IK-
destroyed until such contest is finally determined.

[S. L. 1890, Ch. So, Sec, 134.]

CH. 9 CANVASS AND RETURNS OF ELECTION ^345

INFORMALITY IN DELIVERY OF RETURNS SHALL NOT INVALI-
DATE VOTE.

SEC. 345. Informality in the delivery of the returns, as specified
in section three hundred and forty-three, in the absence of fraud shall
not invalidate the vote of any precinct. If at an election, any polling
precinct is not opened, and no ballots cast therein, such failure shall
not invalidate such election.

[S. L. 1890, Ch. 80, Sec. 135.]

MESSENGER FOR COUNTY ELECTION RETURNS.

SEC. 346. Should the returns from such election be not received
by the county clerk within ten days of the time such election was
held, then the county clerk may send a special messenger, whose mile-
age and per diem shall be paid by the county as in other cases. The
judges of election shall make out a certified copy of the poll book of
such election in their possession, enclose and seal the same and deliver
the same to said messenger.

[S. L. 1890, Ch. 80, Sec. 136.]

ABSTRACT OF VOTES AND CERTIFICATE OF ELECTION.

SEC. 347. On the fifteenth day after the close of any county or
general election, or sooner if all the returns be received, the clerk of
the county, taking to his assistance two justices of the peace of his
county, (one of whom shall be of a different political party from the
clerk, if such an one can be found) shall proceed to open the said re-
turns and make abstracts of the votes in the following manner: An
abstract of votes for presidential electors, state officers, justice of the
supreme court, representative in congress and district judge shall be
on one sheet, and an abstract of votes for members of the senate and
house of representatives shall be on another sheet, and an abstract of
the votes for county and precinct officers shall be on another sheet,
each of which abstracts shall be signed by the county clerk and the
two justices, and the county clerk shall immediatly make out a certifi-
cate of election to each of the persons having the highest number of
votes for county and precinct officers, respectively, and deliver such
certificate to the person entitled to it on his making application for the
same to the clerk at his office.

[S. L. 1897, Ch. 53, Sec. 21.]
State ex rel Bennett vs. Barter, 4 Wyo. 56.

ALL RETURNS SHALL BE COUNTED BY CANVASSING BOARD.

SEC, 348. In canvassing the returns the vote of every precinct
returned within fifteen days after the election to the county clerk shall
be counted and the canvassers shall not throw out the vote of any
precinct so returned.

[S, L. 1890, Ch. 80, Sec. 138. |
State ex rel Bennett vs. Barber, 4 Wyo. 56.

CERTIFICATE OF ELECTION RETURNS BY COUNTY CLERK TO SEC-
RETARY OF STATE.

SEC. 349. The county clerk immediately after making out ab-
'stracts of the votes given in his county, shall make a copy of such
.abstract and transmit the same by mail or by some proper person to

$350 ELECTORS AND ELECTIONS DIV. i TL. 4

the office of the secretary of state, and it shall be the duty of the
county clerk to certify that such .copy of the abstract of votes is a full,
true and correct. copy of the abstract of the returns of all votes cast in
the county, and when the returns are opened and the abstracts of the
votes are made before fifteen days have elapsed, the county clerk shall
certify that the returns from each and every precinct have been re-
ceived and have been counted and are embodied in such abstract.

[S. L. 1890, Ch. So, Sec. 139.]

MESSENGER FROM SECRETARY OF STATE TO SECURE ELECTION
RETURNS.

SEC. 350. If the returns of the election of any county shall not
be received at the office of the secretary of state within thirty days
after the election, the secretary shall forthwith send a messenger to
the county clerk of such county whose duty it shall be to furnish such
messenger with a copy of the abstract aforesaid, and the said messen-
ger shall be paid out of the state treasury the sum of three dollars per
day for each day necessarily employed, and fifteen cents per mile for
each mile he shall necessarily travel in going to and returning from
the office of said clerk.

[S. L. 1890, Ch. So, Sec. 140.]

STATE CANVASSING BOARD-NOTICE OF ELECTION.

SEC. 351. The secretary, auditor and treasurer of the state, or
any two of them, in the presence of the governor, shall proceed within
thirty days after the election, and sooner if all returns be received, to
canvass the vote given for presidential electors, state officers, justice
of the supreme court, representative in congress, district judges and
all members of the senate and house of representatives, and shall make
and file in the office of the secretary of state a certificate signed by
them and containing a statement of the votes so canvassed and the re-
sult thereof. The governor shall then give a certificate of election to
each of the persons having the highest number of votes for each office.

[S. L. 1897, Ch. 53, Sec. 22.]
State ex rel Bennett vs. Barber, 4 Wyo. 56.
In re Moore, 4 Wyo. 98.

CH. 10

ELECTION CONTESTS

CHAPTER JO

ELECTION CONTESTS

Sec. 352.
Sec. 353.
Sec. 354.

Sec. 355.
Sec. 356.

Sec 357.

Sec. 358.

Sec. 359.
Sec. 360.

Sec. 361.
Sec. 362.

Legislature shall determine con-
test of members

District court shall determine elec-
tion contests in counties.

Who may contest election of legis-
lator

Notice of legislative contest.

Notice of taking deposition in leg-
islative contest.

Enforcing the production of evi-
dence and attendance of wit-
nesses.

Manner of certifying and trans-
mitting depositions.

Notice of contest to legislature.

legislature may procure all evi-
dence.

Who may contest election of coun-
ty and other officers.

Petition to contest election of
countv and other officers.

Sec. 363.
Sec. 364.
Sec. 365.

Sec. 366.
Sec. 367.
Sec. 368.
Sec. 369.

Sec. 370.

Sec. 371-
Sec. 372.

Sec. 373.
Sec. 374.

Notice of contest of election of
county and other officers.

Kvideiice in contest cases How
taken.

Contest in questions submitted to
electors Procedure.

When electors may defend contest.

Contest settled by" court.

Tie vote New election.

Procedure in case of tie vote for
county office.

Procedure in case of tie vote for
state officer.

Duty of court in case of tie vote.

I^ffect of certified copy of judg-
ment of court.

When election of candidate de-
clared void.

Appeals to supreme court in con-
tested election cases.

LEGISLATURE SHALL DETERMINE CONTEST OF MEMBERS

SEC. 352. The senate and house of representatives shall respect-
ively hear and determine contests of the election of any of their re-
spective members,

[S. TV. 1890, Ch. 80, Sec. 144.]

DISTRICT COURT SHALL DETERMINE ELECTION CONTESTS IN
COUNTIES.

SEC. 353. The district court of each count)* shall hear and de-
termine contests of the election of all county, precinct and municipal
officers in that county, and all contests relating to the removal of
county seats or relating to any other subject which may be submitted
to the vote of the electors of such county.

[S. L. 1890, Ch. 80, Sec 145.3

WHO MAY CONTEST ELECTION OF LEGISLATOR.

SEC. 354. The election of any member declared duly elected to
a seat in the senate or house of representatives may be contested by
any qualified voter of the county or district to be represented by such
member of the senate or house of representatives.

[S. L, 1890, Ch. 80, Sec. 146.]
NOTICE OF LEGISLATIVE CONTEST.

SEC. 355. The contestants shall, within thirty days after the re-
sult of the election shall have been determined, serve on the person
whose election he will contest, a notice of his intention to contest such
election expressing the points on which the same will be contested,
and shall also on or before the next session of the legislature, deliver
a copy of such notice to the secretary of state, and in case the person
whose election is contested is absent from the county of his residence,
or cannot be found therein, service may be had by leaving a copy of
such notice at his last or usual place of residence with some person of
suitable age and discretion.

[S. L. 1890, Ch. 80, Sec. 147.]

2356 ELECTORS AND ELECTIONS DIV. i TL.-4

NOTICE OF TAKING DEPOSITION IN LEGISLATIVE CONTESTS.

SEC. 356. Whenever a notice shall have been given of intention
to contest an election as provided in the next preceding section, either
party may proceed to take testimony of any witness before any officer
authorized to take and certify depositions on giving to the adverse
party or his attorney ten days' notice of the time and place of taking
the same, and one day in addition thereto, Sunday excluded, for every
fifty miles travel from the place of residence of such party to the place
where such deposition is to be taken. If the party entitled to notice
resides in the county where the deposition is to be taken, five days'
notice shall be sufficient.

[S. L. 1890, Ch. 80, Sec. 148.]

ENFORCING THE PRODUCTION OF EVIDENCE AND ATTENDANCE OF
WITNESSES.

SEC. 357. The officer before whom depositions are taken shall
have the power to compel the production of papers and the attendance
of witnesses and the same proceedings may be had to compel the at-
tendance of witnesses as are provided in the cases of taking depositions
to be used in the district courts.

[S. L. 1890, Ch. 80, Sec. M9.]

MANNER OF CERTIFYING AND TRANSMITTING DEPOSITIONS.

SEC. 358. A copy of the notice to take depositions with proof of
the service thereof together with the depositions shall be sealed up and
transmitted by mail or otherwise to the secretary of state with an en-
dorsement thereon showing the names of the contesting parties, the
office contested, and the nature of the papers.

[S. L. 1890, Ch. 80, Sec. 150.]

NOTICE OF CONTEST TO LEGISLATURE.

SEC. 359. The secretary of state shall deliver the copy of the
notice deposited with him by the contestant and the depositions unop-
ened to the presiding officer of the branch of the legislature to which
the contest relates, on or before the second day of its session next after
the receipt of the same, and the presiding officer shall immediately
give notice to his house that such papers are in his possession.

[S. L. 1890, Ch. 80, Sec. 151.]

LEGISLATURE MAY PROCURE ALL EVIDENCE.

SEC. 360. Nothing in this chapter contained shall be construed
to abridge the right of either house of the legislature to grant com-
missions to take depositions or to send for and examine any witness it
may desire to hear on such trial or to declare the right of membership
to their respective houses.

[S. L. 1890, Ch. 80, Sec. 152.]

WHO MAY CONTEST ELECTION OF COUNTY AND OTHER OFFICERS.

SEC. 361. The election of any person declared elected to any
office other than member of the senate or house of representatives may
be contested by any elector of the county, town or precinct, ward or
city, for which the person is declared elected.

[S. L. 1890, Ch. So, Sec. 153.]

CH. 10 ELECTION CONTESTS 362

PETITION TO CONTEST ELECTION OF COUNTY AND OTHER OFFI-
CERS.

SEC. 362. The person desiring to contest such election shall
within thirty days after the person whose election is contested is de-
clared elected, file with the clerk of the district court of that county a
petition in writing setting forth the points on which he willl contest
the election, which petition shall be verified by affidavit of the party
bringing such contest, as in pleadings in the district court.

[S. L. 1890, Ch. 80, Sec 154.]

NOTICE OF CONTEST OF ELECTION OF COUNTY AND OTHER OFFI-
CERS.

SKC. 363. Upon the filing of such petition summons shall issue
against the person whose office is contested and he may be served with
process or notified to appear, in the same manner as is provided in civil
actions in the district court.

[S. L. 1890, Ch. So, Sec. 155.]

EVIDENCE IN CONTEST CASES-HOW TAKEN.

SEC. 364. Evidence may be taken in the same manner and upon
like notice as in civil actions in district court, and such cases shall be
tried in like manner as in civil actions.

[S. L. 1890, Ch. So, vSec 156.]

CONTEST IN QUESTIONS SUBMITTED TO ELECTORS- PROCEDURE.

SEC. 365. Any five electors of the county, city or town, may
contest an election upon any subject which may by law be submitted
to a vote of the people of the county, city or town, upon filing in the
district court of the county within thirty days after the result of the
election shall have been determined, a petition in like form as in other
cases of contested elections in the district court. The county, city or
town, as the case may be, shall be made defendant, and process shall
be served as in civil actions against the county, and like proceedings
shall be had as in other cases of contested elections before such court.

[S. L. 1890, Ch. So, Sec. 157.]

WHEN ELECTORS MAY DEFEND CONTEST.

SEC. 366. In case the county, city or town board shall fail or
refuse to defend such contest, the court shall allow any one or more
electors of the county, town or city, to appear and defend, in which
case the electors so defending shall be liable for the costs in case the
judgment of the court shall be in favor of the contestants.

[S. L. 1890, Ch. So, Sec. 158.]

CONTEST SETTLED BY COURT.

SEC. 367. The judgment of the court in cases of contested elec-
tions shall confirm or annul the election, according to the right of the
matter, or in case the contest is in relation to the election of some per-
son to an office, shall declare as elected the person who shall appear
to be duly elected.

[S. L. 1890, Ch. Si), Sec. 159.]

2368 ELECTORS AND ELECTIONS DIV. i TL. 4

TIE VOTE-NEW ELECTION.

SEC. 368. If it appears that two or more persons have received,
or would have received, if the legal number of ballots cast, or intended
to be cast for them had been counted, the highest and equal number
of votes for the same office, it shall be declared that there has been no
choice, and a new election shall be had as in other cases of vacancy in
public office.

[S. L. 1890-91, Ch. i uo, Sec. 23.]

PROCEDURE IN CASE OF TIE VOTE FOR COUNTY OFFICE.

SEC. 369. When it shall appear upon the official canvass of any
vote cast at any general election, that two or more persons have each
received the highest and equal number of the votes cast at such elec-
tion, for that office, and the office to be filled be a county office, then
the board of county commissioners shall meet before the first day of
January next succeeding such election, and determine by vote of such
commissioners, w r hich of the persons having such tie vote shall be de-
clared elected, and such vote of the board of county commissioners shall
be made a matter of record by the county clerk, and he shall issue to
the person so elected a certificate of his or her election.

[S. Iv. 1895, Ch. 112, Sec. i.]

PROCEDURE IN CASE OF TIE VOTE FOR STATE OFFICER.

SEC. 370. When upon the official canvass of any vote cast at
any general election for a state officer, it shall appear that two or more
persons having received an equal and highest number of votes cast for
that office, it shall be the duty of the state legislature, convening in
the January next succeeding such election, to meet in joint session of
the senate and house of representatives upon the first day of the session
thereof, or as soon thereafter as both houses shall be duly organized,
and determine the tie vote, by vote in the manner provided for the
election of United States senators, and the result shall be certified to
the secretary of state by the president of the state senate, who shall
preside at such joint session. And it shall be the duty of the secre-
tary of state to issue to the person so chosen a certificate of his or her
election.

[S. L. 1895, Ch. 112, Sec. 2.]

DUTY OF COURT IN CASE OF TIE VOTE.

SEC. 371. If it shall appear upon any contested election in any
court in this state, that two or more persons have received an equal
and higher number of legal votes cast for that office, it shall be the
duty of such court to refer the decision of the matter to either the
board of county commissioners or the state legistature for action there-
in, as provided in the two preceding sections.

[S. L. 1895, Ch. 112, Sec. 3.]

EFFECT OF CERTIFIED COPY OF JUDGMENT OF COURT.

SEC. 372. A certified copy of the judgment of the court shall
have the same effect as to the result of the election as if it had been
so declared by the canvassers.

[S. L. 1890, Ch. So, vSec. 161.]

CH. 10 ELECTION CONTESTS 373

WHEN ELECTION OF CANDIDATE DECLARED VOID.

SEC. 373. When the person whose election is contested is found
to have received the highest number of legal votes, but the election is
declared null by reason of legal disqualifications on his part, or for
other causes, the person receiving the next highest number of votes
shall not be declared elected, but the election shall be declared void.

[S. L. 1890, Ch. 80, Sec. 162. ]

APPEALS TO SUPREME COURT IN CONTESTED ELECTION CASES.

SEC. 374. All cases of contested elections in the district courts
may be taken to the supreme court in the same manner and upon like
conditions as is provided in the case of civil actions.

[S. L. 1890, Ch. 80, Sec. 163.]

CHAPTER U

GENERAL PROVISIONS

C.eneral application of election

law.
Sec. 376. Form of oath required.

.Sec. 382. Publication election proceedings
by county commissioners.

Sec. 383. County clerk to furnish city clerk
list of voters.

Sec. 377. Qualifications of office-holders;

Sec. 37*. Woman suffrage. Sec. 384. Printing of election laws.

Sec. 379. Persons disqualified from voting or .See. 385. Distribution of election laws.

holding ofirce.
Sec. 380. Resignation of elective offices.
Sec. 381. Vacancies in elective offices How

made.

Sec. 386. Meaning of term municipal.

Sec. 387. Application of general election

laws.
Sec. 388. Where elector must vote.

GENERAL APPLICATION OF ELECTION LAW.

SEC. 375. The penalties and other provisions of law with refer-
ence to elections and the returns thereof held in incorporated cities
and towns and precincts located on the line of any railroad, shall ap-
ply to elections held in precincts outside of said incorporated cities
and towns so far as the same shall be applicable.

[S. L. 1890, Ch. 80, Sec. 31.]

FORM OF OATH REQUIRED.

SEC. 376. Whenever an oath is required by the provisions of
this title, the elector shall swear according to the form of his religious
faith or belief, or affirm under the pains and penalties of perjury.

[S. L. 1890, Ch. So, Sec. 34.]

QUALIFICATIONS OF OFFICE-HOLDERS.

SEC. 377. No person shall be eligible to any office who, at the
time he is chosen and during his incumbency therein, is not a qualified
elector and an actual resident of the district, county, town, ward or
precinct, as the case may be, in which he holds such office.

[S. L. 1890, Ch. 80, Sec. 6.]
WOMAN SUFFRAGE.

SEC. 378. When they possess the other qualifications of an elec-
tor, the rights of women to the elective franchise and to hold office
shall be the same as those of men.

[S. L. 189^), Ch. So. Sec. 7.]

379 KLKCTORS AND ELKCTIONS DIV. i TL. 4

PERSONS DISQUALIFIED FROM VOTING OR HOLDING OFFICE.

SEC. 379. The following persons shall not vole or hold office:

One who is under guardianship.

One who is non compos mentis.

One who has been within Wyoming convicted of any felony, un-
less restored to civil rights by pardon.

One who has made or become, either directly or indirectly, inter-
ested in any bet or wager depending upon the result of the election at
which he or she shall offer to vote.

[S. L. 1890, Ch. So, Sec. 8.]

RESIGNATION OF ELECTIVE OFFICES.

SEC. 380. Resignation of elective offices shall be made to the
officer, court or county board authorized by law to fill a vacancy in
such office by appointment or to order an election to fill such vacancy.

[S. L. 1890, Ch. 80, Sec. 43.]

VACANCIES IN ELECTIVE OFFICES HOW MADE.

SEC. 381. Every elective office shall become vacant on the hap-
pening of either of the following events to the incumbent before the
end of his term of office:

1. His death.

2. His resignation.

3. His becoming insane or non compos mentis.

4. His ceasing to be an inhabitant of the state, pr if the office is
local, his ceasing to be an inhabitant of the district, town, ward or
precinct for which he was elected.

5. His conviction of an infamous crime or of any offense involv-
ing a violation of official oath.

6. His removal from office.

7. His refusal or neglect to take his oath of office, or to give or
renew his official bond, or to deposit or file such oath or bond within
the time prescribed by law.

8. The decision of a competent tribunal declaring his election
void.

[S. L. 1890, Ch. 80, vSec. 45.]
State ex rel Richardson vs. Henderson, 4 Wyo. 535.

PUBLICATION ELECTION PROCEEDINGS BY COUNTY COMMISSION-
ERS.

SEC. 382. The county commissioners and county clerks of the
several counties shall cause to be made full and minute entries of all
proceedings had under this title and to cause full copies of such pro-
ceedings and appointments of registry agents, judges, etc., to be pub-
lished in a newspaper published within their respective counties as
soon after their adjournment as is practicable, and the county clerks
of the several counties shall immediately notify, in writing, the regis-.
try agents of their appointment.

[S. L. 1890, Ch. 80, Sec. 39.)

COUNTY CLERK TO FURNISH CITY CLERK LIST OF VOTERS.

SEC. 383. The clerk of each county shall supply each clerk of a
municipality with a certified and full and complete list of all voters

CH. ir OKNKRAL PROVISION'S 384

registered within the said municipality as last returned by the registry
agents, upon the request of the clerk of said municipality, and within
three days after such request. The county clerk shall receive therefor
no fee; Provided, however, the clerk of such municipality shall not
make such request unless an election in the municipality will occur
within thirty days.

[S. L. 1890, Oh. 80, vSec 176.]

PRINTING OF ELECTION LAWS.

SEC. 384. The secretary of state in each general election year
shall, not later than the first day of July in each year, cause to be
printed and distributed among the several boards of county commis-
sioners, one thousand copies of the then existing election laws of this
state.

[As amended S. L. 1901, Ch. 24.]

DISTRIBUTION OF ELECTION LAWS.

SEC. 385. The boards of county commissioners receiving printed
copies of the election laws, shall provide the judges of each voting pre-
cinct with a copy thereof at each election.

[S L 1890, Ch 80, Sec. 181.]

MEANING OF TERM MUNICIPAL.

SEC. 386. The term "municipal" and "municipalities" herein
used shall mean and refer to incorporated cities and tow r ns.

[S. L. 1890, Ch. 80, Sec. 178.]

APPLICATION OF GENERAL ELECTION LAWS.

SEC. 387. This title shall, as far as possible, apply to all incor-
porated cities and towns, except as to the canvass of the votes, which
canvass may be provided for by ordinance; but if not so provided for,
the provision of this title shall prevail. But at no election whatsoever
held under the laws of Wyoming shall it be necessary for any elector
to pay a poll tax to entitle such elector to vote. When the charter or
law relating to any city or town shall indicate a different procedure
than herein set forth, the provisions of this title shall prevail, and the
charter or law relating to such city or town shall not be followed.
When this title does not fully provide for the conduct of election, in
any city or to\vn, such city or town may, by ordinance, not inconsist-
ent herewith, provide for a complete election and canvass thereof.

[S. L. 1890, Ch. 80, Sec 177.]

WHERE ELECTOR MUST VOTE,

SEC. 388. No one shall be permitted to vote in any polling pre-
cinct other than the one of which he is at the time an actual resident.

[S. L. 1897, Ch. 53- Sec. 25.]

2389

ELECTORS AND ELECTIONS

DIV. i TL. 4

Sec.

397-

Posting registry lists.

Sec.

39.

Duty of county clerk.

rs.

Sec

399-

Expense By whom paid.

Sec.

400.

Duty of city clerk.

Sec.

401.

Who entitled to vote.

hen.

Sec.

402.

Where entitled to vote.

its
-To

Sec.
Sec.
Sec.
Sec.

403-
404.
405-
406.

City to pay registry agents.
Appointment of judges and clerks.
Citv to pay judges and clerks.
Application ot general election

laws.

CHAPTER \2

MUNICIPAL ELECTIONS
Sec. 389. Proclamation for.
.Sec. 390. Designation of polling place
Sec. 391. Notice to county commissioners
Sec. 392. Duty of registry agents.
Sec. 393. Registry agents shall meet When.
Sec. 394. Post list of electors registered.
Sec. 395. Meetings of registry agents

I,engtn of.
Sec. 396. Certificate of registry lists To

whom.

PROCLAMATION FOR.

SEC. 389. The mayor or other chief officer of each incorporated
city or town shall, not less than thirty days before an election therein,
if possible, make a proclamation which shall be published at least one
time in an official newspaper of the city, setting forth the fact that on
a certain date, naming it, a municipal election will take place for the
election of officers, naming the offices to be filled at such election.
Such proclamation shall be signed by the mayor or other chief officer,
and attested by the clerk of the municipality.

[S. L. 1890-91, Ch. 17, vSec. i.]

DESIGNATION OF POLLING PLACE.

SEC. 390. The mayor or other chief officer of an incorporated
city or town, together with its council or board of trustees, may desig-
nate and establish such polling places or booths within the precincts
established by the county commissioners as the officers of such incor-
porated city or town may deem fit. Such polling places or booths to
be erected or constructed in the manner prescribed by law, at the ex-
pense of such incorporated city or town.

[S. L. 1890-91, Ch. 17, vSec. 2.]

NOTICE TO COUNTY COMMISSIONERS.

SEC. 391. The clerk of each incorporated city or town shall, not
less than thirty days before an election, notify the board of county
commissioners in writing, of the day of the next municipal election,
whether the same be a regular or special one, whereupon the county
commissioners shall at once notify the regularly appointed registry
agents for the district embraced within such city or town, to appear
at the lawfully designated place of registry on the third Tuesday pre-
ceding such election, and to proceed to register all citizens who appear,
claim the right, and are qualified to register, and who by reason of not
being registered, would be disqualified from voting at such election.

[S. L. 1890-91, Ch. 17, Sec. 3.]

DUTY OF REGISTRY AGENTS.

SEC. 392. Such registry agents shall thereupon post notices of
the registration of electors in the manner provided by law for giving
notice of registration before regular county elections.

[S. L. 1890-91, Ch. 17, Sec. 4.]

CH. 12 MUNICIPAL ELECTIONS ^393

REGISTRY AGENTS SHALL MEET-WHEN.

SEC. 393. On the day appointed for registry as aforesaid, such
registry agents shall meet and proceed to register all qualified electors
in the manner prescribed by law. Such registry agents shall keep the
same hours and observe all the requirements of the statute the same
as during regular registration periods.

[S. L. 1890-91, Ch. 17, Sec. 5.]

POST LIST OF ELECTORS REGISTERED.

SEC. 394. At the end of the first meeting, the registry agents
shall prepare and certify lists of persons who have registered, shall file
the same in the office of the county clerk and clerk of the municipal-
ity, and post the same in the manner provided by law.

[S.'L. 1890-91, Ch. 17, Sec. 6.]

MEETINGS OF REGISTRY AGENTS-LENGTH OF.

SEC. 395. Such registry agents shall meet for three consecutive
days, and then shall adjourn for one week, and then they shall meet
for one day for the purpose of revising, correcting and completing
such registry lists and the registration of such qualified electors who
have not theretofore registered.

[S. L. 1890-91, Ch. 17, Sec. 7-]

CERTIFICATE OF REGISTRY LISTS TO WHOM.

SKC. 396. When the registry agents shall have completed the
registration as aforesaid, they shall prepare and certify lists and de-
liver copies thereof to the county clerk and the clerk of the munici-
pality in the manner provided by law.

[S. L 1890-91, Ch. 17, Sec. 8.]

POSTING REGISTRY LISTS.

SEC. 397. The county clerk and the clerk of the municipality
shall post such lists in the manner provided by law.

[S. L. 1890-91, Ch. 17, Sec. 9.]

DUTY OF COUNTY CLERK.

SEC. 398. The county clerk, upon the request of the clerk of the
incorporated city or town, shall prepare and deliver to such clerk of
the incorporated city or town, a registry list containing, in alphabeti-
cal order, and divided into precincts, complete lists of all the regularly
registered and properly qualified electors who could vote at the ensuing
city or town election, as shown by the registry lists in his office.

[S. L- 1890-91, Ch. 17, Sec. TO.]

EXPENSE BY WHOM PAID.

SEC. 399. The city or town asking for such lists through its
clerk shall reimburse the county clerk for all expenses incurred in
procuring material and assistance necessary in furnishing such regis-
try lists. Such expenses shall be paid after such service is rendered,
in the same manner that the other claims against an incorporated city
or town are paid.

[S. L. 1890-91, Ch. 17, Sec. ii.]
DUTY OF CITY CLERK.

SEC. 400, The clerk of the incorporated city or town upon

$401 ELECTORS AND ELECTIONS DIV. i TL. 4

receipt of such registry lists, shall prepare one list for each election
precinct. He shall furnish a judge in each precinct with a certified
list of the qualified voters in each precinct as such lists are obtained
from the registry lists furnished by such clerk of a city or town by the
county clerk.

[S. L. 1890-91, Ch. 17, Sec. 12.]

WHO ENTITLED TO VOTE.

SEC. 401. All persons who have registered either during the
registration period immediately preceding the said city or to\vn elec-
tion, or who have registered less than two years before such election
during a regular registration period for county elections, and who
would be qualified at that time to vote at a county election in a pre-
cinct, shall be entitled to vote at such city or town election in the pre-
cinct in which they are registered; Provided, That such electors are
actual residents of the incorporated city or town in which they offer

to vote.

[S. L. 1890-91, Ch. 17, vSec. 13.]

WHERE ENTITLED TO VOTE.

SEC. 402. Any elector who registered previous to such city or
town election shall be entitled to vote in any election precinct in which
they are registered and until the next regular period for registration
before a county election; Provided, That in county elections they shall
be actual residents of the county, and in municipal elections, of the
incorporated city or town in which they offer to vote.

[S. L. 1890-91, Ch. 17, Sec. 14-]

CITY TO PAY REGISTRY AGENTS.

SEC. 403. The incorporated city or town for which the registra-
tion provided for in this chapter is held, shall pay the salary of the
registration agents, and all their fees and expenses for services ren-
dered in registering before such election, as provided by law.

[S. L. 1890-91, Ch. 17, Sec. 15.]

APPOINTMENT OF JUDGES AND CLERKS.

SEC. 404. The mayor or other chief officer of an incorporated
city or town in which a municipal election is held, shall, by and with
the advice of its council or trustees, appoint the judges and clerks of
election for such election, under the same restrictions and qualifica-
tions, as those required for regular elections.

[S. L. 1890-91, Ch. 17, Sec. 16.]

CITY TO PAY JUDGES AND CLERKS.

SEC. 405. The incorporated city or town appointing such judges
and clerks shall pay their salary and expenses at the same rate as pre-
scribed by law for similar duties in regular county elections.

[S. L- 1890-91, Ch. 17, Sec. 17.]

APPLICATION OF GENERAL ELECTION LAWS.

SEC. 406. The provisions of law 7 for general elections shall apply
as far as possible to the registration and election. Whenever the pro-
cedure of conducting municipal elections is not fully provided for by
law, it may be supplemented by ordinance of the incorporated city or

CH. 13

ELECTION OFFENSES

town, in which an election is held, and the canvass and returns of such
elections shall be prescribed by the ordinances of such incorporated
cities or towns.

[S. L. 1890-91, Ch. 17, Sec. 18. ]

CHAPTER J3

ELECTION OFFENSES

Sec. 408.
Sec. 409.
Sec. 410.

Sec. 411.
Sec. 412
Sec. 413.
Sec. 414.

Klection officers failing to perform
duty.

Doing prohibited act.

Mutilating registry and poll books.

Penalty for corrupt swearing be-
fore registry agent.

Penalty Registration officers.

Penalty for false registration.

Penalty Defacing registry lists.

Penalty Certificate of nomination
Ballots.

Sec. 415. Penalty Interfering with election
conveniences Preventing others
voting.

Sec. 416. Penalty Putting placards in
booths for electioneering pur-
poses.

Sec 417. Penalty False swearing concern-
ing qualifications or incapacity to
vote.

Sec. 418. Penalty Use of intoxicants by of-
ficers of election.

Sec. 419. Unlawful voting at primary.

Sec. 420. Misconduct of officers.

ELECTION OFFICERS FAILING TO PERFORM DUTY.

SEC. 407. Any registry agent, judge or clerk of election, or any
other election officer, or any other officer or person upon whom any
duty is imposed by the election laws of this state, who shall wilfully
neglect or omit to perform any duties so imposed, shall be fined not
more than two thousand dollars and not less than one hundred dollars
or imprisoned in the penitentiary not more than five years, or both.

[S. L. 1890, Ch. 80, Sec. 165.]

DOING PROHIBITED ACT,

SEC. 408. Any registry agent or judge or clerk of election, or
any other election officer, or any officer or person, who shall do or per-
form any act or acts prohibited by the election laws of this state, shall
be fined not more than two thousand dollars and not less than one
hundred dollars, or be imprisoned in the penitentiary not more than
five years, or both.

[S. L. 1890, Ch. 80, Sec 165.]

MUTILATING REGISTRY AND POLL BOOKS.

SEC. 409. Any person who shall mutilate or erase any name,
figure or word in any poll book, taken or kept at any election; or shall
take away any such poll book from the place where it has been de-
posited for safe keeping, with intent to destroy, mutilate, change or
injure the same, or to procure or prevent the election of any person;
or shall destroy any poll book kept at any election, shall be fined not
more than five hundred dollars, and imprisoned in the county jail, not
more than one year.

[S. L. 1890, Ch. 8<>, Sec. 166.]

PENALTY FOR CORRUPT SWEARING BEFORE REGISTRY AGENT.

SEC. 410. All wilful, corrupt and false swearing or affirming be-
fore any registry agent shall be the crime of perjury and shall be pun-
ished as such.

[S. L. 1890, Ch. So, Sec 167.]

ELECTORS AND ELECTIONS DIV. i TL. 4

PENALTY REGISTRATION OFFICERS.

SEC. 411. Any registry agent or other person who in any man-
ner shall wilfull}' or corruptly permit any person not entitled to regis-
tration or to a certificate of registration to be registered or have a cer-
tificate of registration, or who delays or fails to deliver the certified
copies of the official register and check list to the judges of election as
required by law, or who permits any person to register after the date
on which the registration books close, or who shall otherwise or wil-
fully or corruptly violate any of the provisions of law relating to elec-
tions, the penalty for which is not otherwise specially prescribed, shall
be punished for each and every offense by imprisonment in the peni-
tentiary for a term of not less than one year nor more than five years,
or by a fine of not less than one hundred dollars nor more than two
thousand dollars, or by both.

[S. L. 1890, Ch. So, vSec. 1 68.]

PENALTY FOR FALSE REGISTRATION.

SEC. 412. Any person who shall wilfully cause or endeavor to
cause his name to be registered in any other election district than that
in which he resides or will reside prior to the day of the next ensuing
election, except as herein otherwi.se provided, and any person w r ho shall
cause or endeavor to cause his name to be registered, knowing that he
is not a qualified elector and will not be a qualified elector on or before
the day of the next ensuing election, in the election district in which
he causes or endeavors to cause such registry to be made, and any per-
son who shall induce, aid or abet any one in the commission of either
of the acts in this section enumerated and described, shall be fined not
less than fifty dollars nor more than five hundred dollars, or be con-
fined in the county jail for not less than one month nor more than six
months, or both.

[S. L. 1890, Ch. So, vSec. 169.]

PENALTY-DEFACING REGISTRY LISTS.

SEC. 413. Any person who shall take down, tear down or deface
any officially posted registry list, shall be guilty of a misdemeanor, and
shall be punished by a fine of one hundred dollars, or by imprisonment
in the county jail for a period of not less than thirty days nor more
than ninety days, or by both.

[S. L. 1890, Ch. So, Sec. 169.]

PENALTY-CERTIFICATE OF NOMINATION- BALLOTS.

SEC. 414. Any person who shall falsely make or wilfully deface
or destroy any certificate of nomination or nomination paper, or any
part thereof, or any letter of withdrawal or sign any such certificate
or paper contrary to the provisions of this title, or who shall file any
certificate of nomination or nomination paper or letter of withdrawal,
knowing the same or any part thereof to be falsely made, or who shall
suppress any certificate of nomination or nomination paper, or any part
thereof, which has been duly filed, or who shall forge or falsely make
the official endorsement on any ballot, or who shall wilfully destroy or
deface any ballot, or who shall wilfully delay the delivery of any bal-

CH. 13 ELECTION OEEEXSES $415

lots shall be fined not exceeding one thousand dollars or be imprisoned
in the county jail not more than one year, or both.

[S. I.. 1890, Ch. S<>, Sec. 170.]

PENALTY-INTERFERING WITH ELECTION CONVENIENCES - PRE-
VENTING OTHERS VOTING.

SEC. 415. Any person who shall, prior to an election, wilfully
deface or destroy any list of candidates posted in accordance with the
provisions of this title, or who, during an election, shall wilfully de-
deface, tear down, remove or destroy any of the supplies or conven-
iences furnished to enable an elector to prepare his ballot, or who shall
wilfully hinder the voting of others, shall be fined not less than twenty-
five dollars nor more than one hundred dollars.

[S. L. 1890, Ch. 80, vSec. 171.]

PENALTY-PUTTING PLACARDS IN BOOTHS FOR ELECTIONEERING
PURPOSES.

SEC. 416. Any person or officer of election who shall put or per-
mit to be put into a voting booth any placard, notice or device except
the sample ballots and cards of instruction as provided by law, intended
or likely to call the attention of the voter to any candidate, or to urge
the voter to vote for any particular candidate, or shall put or allow
anything to be put into such booths for the use or comfort of the voter
whereby the claims of any candidate are urged upon the voter, either
directly or indirectly, shall be imprisoned in the count} 7 jail not to ex-
ceed three months, or fined not to exceed five hundred dollars, or both.

[S. L. 1890, Ch. So, Sec. 172.]

PENALTY-FALSE SWEARING CONCERNING QUALIFICATIONS OR
INCAPACITY TO VOTE.

SEC. 417. Any person who declares or swears falsely concerning
his incapacity to vote at any election without the aid of an election of-
ficer, or who swears falsely concerning the qualifications of any person
offering to vote, shall be imprisoned in the county jail not to exceed
six months, or to be fined not to exceed five hundred dollars, or both.

[S. L. 1890, Ch. 80, Sec. 173.]

PENALTY-USE OF INTOXICANTS BY OFFICERS OF ELECTION.

SEC. 418. Any person introducing in any way, upon election
day, or during the counting of the ballots, into any place where an
election is held, any spirituous or malt liquor, and any judge or clerk
of election drinking any such liquor in such place, or being intoxicated
therein during such election or counting, shall be imprisoned in the
county jail not exceeding six months, or be fined not exceeding five
hundred dollars, or both.

[S. L. 1890, Ch. 80, Sec. 175.]

UNLAWFUL VOTING AT PRIMARY.

SEC. 419. Whoever shall vote at any primary meeting, or at any
caucus or public meeting of the qualified voters of a county, district,
city or town, or ward of a city, or of any specified party or portion of
such voters for the nomination of candidates to be supported at any
state, general, county, district, municipal or town election, or for the

420 KLI'XTORS AND KLKCTIONS 1)1 V. i TL. 4

selection of delegates to any political convention, or for the appoint-
ment of any political committee, not being a legal voter in the county,
city or town or ward of a city as the case may be, in and for which
such meeting is held, or whoever shall so vote, being a legal voter, but
not being included in the terms of the call tinder which such meetings
are held; or whoever shall vote or attempt to vote under any name not
his own; or whoever shall vote or attempt to vote more than once at
one balloting, or whoever knowingly shall cast or attempt to cast more
than one ballot at one time of balloting, or more than the number of
separate ballots allowed to each voter, if more than one ballot is al-
lowed to be cast, shall be fined not more than fifty dollars or impris-
oned in the county jail not more than three months, or both.

[S. L 1890-91, Ch. 32, vSec. 4.]

MISCONDUCT OF OFFICERS AT PRIMARIES.

SEC. 420. Whoever, being an officer appointed and acting at any
such meeting, shall knowingly make a false count of ballots or votes,
or make a false statement or declaration of the result of a ballot or vote,
or knowingly refuse to receive any ballot cast by any person qualified
to vote at such meeting, or shall wilfully alter, deface or destroy any
ballots cast or check lists used thereat, before the time provided by
law for the destruction of the same, or shall decline or fail to receive
any written request as provided by law, governing primaries, or shall
decline or fail to perform any duty or obligation imposed by said law,
shall be fined not more than fifty dollars, or imprisoned in the
county jail not more than three months, or both.

[S. L. 1890-91, Ch. 32, Sec. 6.]

MISCELLANEOUS LAWS

TERM OF SUCCESSOR TO GOVERNOR-PROVISO.

SEC. 52. Whenever the powers and duties of the office of the
governor of the state of Wyoming shall devolve upon a person, as here-
inbefore provided, the person acting as governor shall continue to act
as governor, as aforesaid, until the end of the term of the governor;
Provided, such assumption of office is made as aforesaid less than
twenty days before the next general election of county officers, preced-
ing the next ensuing general election for state officers; but should such
assumption be made as aforesaid previous to twenty days before a gen-
eral election for county officers, then and in that case, the person act-
ing as governor as aforesaid, shall issue an additional proclamation
calling for the election of a governor to fill the unexpired term, which
election shall take place at the same time as the general election for
county officers, and such election, together with the returns and can-
vass thereof, shall be conducted in all respects as though it was an
original election for governor. When the state canvassing board shall
have canvassed the vote of the election as aforesaid, and in the manner
provided by law, declared a person at such election to be elected as
governor, such person shall, within thirty days after such canvass, or

CII. 12 PRESIDENTIAL ELECTORS 3165

as soon thereafter as possible, qualify and assume the duties and pow-
ers of governor, and shall be the governor of the state of Wyoming for
the remainder of the unexpired term of governor.

[S L. 1890-91, Ch. 14, Sec. 3.]

DIVISION ONE

TITLE IH
CHAPTER J2

PRESIDENTIAL ELECTORS

Sec. if>5. Klfction of presidential electors

provided for.
Sec. 166. Certificate of election.

Sec. 167. Klectors shall convene when Kill-
ing of vacancy.

vSec. 168. When shall proceed to vote.
Sec. 169. Compensation.

ELECTION OF PRESIDENTIAL ELECTOR PROVIDED FOR,

SEC. 165. At the general election next preceding the choice of
president and vice president of the United States of America, there
shall be elected as many electors of president and vice president of the
United States of America as this state may be entitled to elect of sen-
ators and representatives in congress.

[S. L. 1890-91, Ch. 63, Sec. i.]

CERTIFICATE OF ELECTION.

SEC. 1 66. The certificate of election for electors of president and
vice president of the United States of America, shall be served on each
person elected, notifying him to attend at the office of the secretary of
state at the seat of government at the hour of twelve o'clock noon of
the Saturday next preceding the second Monday of January next
after his election, and to report himself to the governor of this state as
in attendance.

[S. L. 1890-91, Ch. 63, Sec. 2.]

ELECTORS SHALL CONVENE WHEN-FILLING OF VACANCY.

SEC. 167. The electors of president and vice president so attend-
ing, shall convene in the office of the secretary of state at the capital
of the state, at the hour of twelve o'clock noon of the Saturday next
preceding the second Monday of January, as provided in section one
hundred and sixty-six, and in case there shall be any vacancy in the
office of an elector, occasioned by the death, refusal to act, neglect to
attend by the hour of 12 o'clock noon of said day, or on account of
an) T two of the persons voted for as electors having received an equal
and the same number of votes, or on account of the ineligibility of any
person elected, or from any cause, the qualified electors present shall
proceed to fill such vacancy by ballot and plurality of votes, and the
said electors so present shall immediately issue a certificate of election
signed by those present, or a majority of them, to the person so chosen.

?i68 ELECTORS AND ELECTIONS DIV. i TL. 3

In case of a failure to elect by the said electors by noon of the Monday
next following, the governor shall fill the vacancy by appointment.

[S. L. 1890-91, Ch. 63, Sec. 3.]

WHEN SHALL PROCEED TO VOTE.

SEC. 1 68. The college of electors being full, shall meet at the of-
fice of the secretary of state at the capital at noon of the said second
Monday of January, and shall proceed to the election and performance
of their duties in conformity with the constitution and laws of the
United States of America.

[S. L. 1890-91, Ch. 63, Sec. 4-1

COMPENSATION.

SEC. 169. The said electors shall each receive a compensation of
five dollars for each day's attendance, and the same mileage as is pro-
vided for members of the legislature of this state, and the amount of
such attendance and mileage shall be presented, audited and paid in
the same manner as other claims against the state, out of any funds in
the state treasury, not otherwise appropriated.

[S. L. 1890-91, Ch. 63, Sec. 5.]

ELECTION OF OFFICERS ON ORGANIZATION OF NEW COUNTY.

SEC. 1008. At the next general election held in the state, after
the appointment of such commissioners, an election shall be held in
such county and in the same manner as if such count}* were organized.
In addition to voting for a member of congress and such state and dis-
trict officers, as may be provided for by law, the electors of such county
shall at such election elect the members of the senate and house of rep-
resentatives of the state to \vhich such county is entitled; and also the
county and precinct officers provided for by law; and at the same time
they shall choose a county .seat for such county in the same manner in
which county officers are elected.

[S. L. 1895, Ch. 59, Sec. 6.]

TERMS OF COUNTY COMMISSIONERS.

SEC. 1056. The board of county commissioners of each county
shall consist of three qualified electors who shall hereafter be elected in
the following manner: At the general election to be held in Novem-
ber, 1900, there shall be elected in each organized county two commis-
sioners for a term of two years and one commissioner for a term of
four years, the persons so elected to constitute said board, and there-
after at each general election there shall be elected in each organized
county one commissioner for a term of two years and one commissioner
for a term of four years. Each person elected as such commissioner
shall, on or before the first Monday in January succeeding his election,
if elected, and immediately upon being appointed to fill a vacancy in
the board of county commissioners, take and subscribe the same oath
of office which is required of other county officers, and also shall give
a bond to the state of Wyoming in the sum of one thousand dollars,
which shall be approved by the judge of the judicial district. Each
member of the board shall take and subscribe the same oath as that of
other county officers, and shall give a bond to the state of Wyoming

MISCELLANEOUS LAWS <ji6Si

in the sum of one thousand dollars, which bond shall be approved by
the treasurer of said county. Any two of such board shall constitute
a quorum and shall be competent to act; Provided, That in counties of
the fourth class, if it shall be so decided by a majority of the voters of
the county, at any general election, there shall be two county commis-
sioners elected, one for the term of four years and one for the term of
two years, and at each general election thereafter, one commissioner
for a term of four years. And such two members so elected, together
\vith the county clerk as member ex-officio, shall constitute the board
of county commissioners of said county. And the commissioners in
such counties of the fourth class shall subscribe to the same oath, and
give bond in the same amount as is required of other county commis-
sioners, said bonds to be approved by the treasurer of said county.
The county commissioners in any fourth class county shall, upon peti-
tion of twenty-five, or more, voters and taxpayers of such county, sub-
mit the question as to the number of commissioners to be elected in
their county, to the voters of said county at any general election.

[S. L. 1890-91, "Ch. 57, Sec. i; S. L. 1899, Ch. 11.]

TIE VOTE IN CITY ELECTION HOW DECIDED.

SEC. 1681. When a tie shall occur in the election of any city
officer, the count}' clerk shall certify that fact to the city council, and
such council shall, by order or resolution, entered of record, declare
which of the persons receiving the same and equal number of votes at
such election, shall be elected, and thereupon the person declared
elected shall be entitled to hold the office for the full term thereof.

[S. L. 1897, Ch. 28, Sec. 9.]

SALOONS SHALL BE CLOSED ON SUNDAY AND ELECTION DAY.

SEC. 2643. Every person or persons, company or corporation,
having license to sell liquors under the laws of Wyoming, who shall
keep open, or suffer his or their agent or employe to keep open, his or
their place of business, or who shall sell, give away or dispose of or
permit another to sell, give away or dispose of, on his or their prem-
ises, any spirituous, malt, vinous or fermented liquors, or any mix-
tures of any such liquors, on the first day of the \veek, commonly
called Sunday, or upon an}- day upon which any general or special
election is being held, shall be guilty of a misdemeanor, and upon con-
viction shall be fined in any sum not less than twenty-five dollars, or
more than one hundred dollars, or imprisoned in the county jail not to
exceed three months.

[S. L. 1888, Ch. 86, vSec. i.]

CONSTITUTIONAL AMENDMENTS - OFFICIAL BALLOTS-HOW PRE-
PARED.

SEC. 2704. Each count}- clerk when preparing the official ballot
for an election, shall include as a part of such ballot the submission to
the people of every constitutional amendment, a copy of which has
been transmitted to him by the secretary of state for that purpose;
the language of such submission on such ballot shall be substantially
as follows:

#2705 ELECTORS AND ELECTIONS

Vote for one.

Constitutional amendment, number Yes

Constitutional amendment, number No

Such language of submission with the appropriate change of num-
ber shall be repeated as many times as there are constitutional amend-
ments to be submitted.

[S. L. 1895, Ch. 49, Sec. 6 ]

RESULT OF ELECTION AS TO AMENDMENTS- HOW DETERMINED,

SEC. 2705. The result of every such election, with reference to
such proposed amendments, shall be determined in all respects in the
same manner as results are now, or may be hereafter, determined, ac-
cording to law for state officers.

[S. L. 1895, Ch. 49. Sec. 7.]

SESSION LAWS OF 1901

CHAPTER 69

House Bill No. 114.
CITY ELECTIONS

AN ACT fixing the terms and providing the time for the election of mayor and councilman in
cities incorporated under special charter containing a population of not less than 10,000,
and making provision for such elections.

Be it Enacted by the Legislature of the State of Wyoming .
TIME OF.

SECTION i . In every city heretofore incorporated under a special
charter, and not under a general law of the state, having a population
of not less than 10,000 inhabitants, according to the last preceding
United States census, the election of mayor and councilmen shall take
place on the Tuesday next after the first Monday in November. The
mayor of such city shall be elected on the Tuesday next after the first
Monday in November in the year 1902, and every second year there-
after. One councilman from each ward shall be elected each year for
a term of three years. The next election for councilmen succeeding
the passage of this act shall occur on the first Tuesday next after the
first Monday in November, in the year 1901, at which time one coun-
cilman in each ward shall be elected and each year thereafter one coun-
cilman shall be elected in each ward.

TERM OF MAYOR.

SEC 2. The mayor who shall be elected in such city or cities at
the election to be held in November, 1902, shall enter upon the duties
of his office at the expiration of the official term of the mayor, who
shall be the incumbent of such office at the time of such election, and
shall continue in office until the first Monday in January, 1905, and
thereafter the official term of each mayor of any such city or cities
shall commence on the first Monday in January next succeeding the

CH. 69 CITY ELECTIONSLAWS OP 1901 # 3

date of his election, and continue until the first Monday in January of
the second year after the commencement of such term.

TERM OF COUNCILMEN.

SEC. 3. The term of office of the councilmen, who shall be elected
at the election to be held in the month of November, in the years 1901,
1902, 1903, shall commence at the expiration of the official term of the
councilmen respectively, who are to be succeeded by the councilmen,
so as aforesaid, to be elected, and the term of each councilman who
shall be elected in the month of November in the years aforesaid, shall
continue for three years, from the first Monday in January succeeding
his election: and thereafter the term of office of the councilmen of any
such city or cities, who shall be elected for a term of three years in the
month of November, shall commence on the first Monday in January
next succeeding their election and shall continue for three years there-
after.

DUTY OF CITY CLERK.

SEC. 4. Whenever the city election in any such city or cities
shall occur at the same time, as shall be provided by law for state and
county elections, the city clerk shall certify to the county clerk the
list of nominations made for such city election, and the names of the
candidates for city offices shall be printed upon the same ballot pro-
vided by the county for the election of state and county offices. In
such case, the city shall pay its pro rata proportion for the cost and
printing of such ballots. Nominations for offices to be voted for at a
city election shall be filed with the city clerk not more than thirty days
and not less than twenty days previous to the day of election, and the
same shall be certified by the city clerk to the county clerk of the pro-
per county not less than fifteen days previous to the day of election, in
case the election for city offices shall occur at the same time provided
by law for state and county elections. Whenever the city election in
any such city or cities shall occur in a year or at a time when no state
or county election is provided for, nominations shall be filed with the
city clerk in the manner heretofore required by law 7 .

LAW GOVERNING ELECTION.

SEC. 5. Whenever the city election in any city or cities shall
occur at a time not provided by law for state and county elections and
at a time when no state or county election is to be held, such election
shall be conducted in all respects as heretofore provided by law for
municipal elections and, in such case, the provisions of sections 389
to 406, inclusive, being Chapter 12, Title 4, Division i, of the Revised
Statutes, 1899, shall govern said elections in so far as they shall be
applicable and not inconsistent with the provisions of this act.

CANVASS OF ELECTION.

SEC. 6. Whenever the city election in any such city or cities
shall occur at the same time provided by law for state and county elec-
tions, and at the same time when a state and county election is to be
held, the judges and clerks of election in the precincts within such

27 CITY ELECTIONS LAWS OF 1901 CH. 69

city or cities respectively appointed for the purpose of conducting the
election for state and county officers, shall also conduct the election for
city officers, and the election for city officers shall, in such case, be
canvassed in the same manner as the election for county officers. In
such case the county clerk for the proper count)- shall certify to the
city clerk of the city the result of such canvass, and it shall be the
duty of the city clerk to issue to the officers, so elected, proper certifi-
cates of their election. The mayor and council of any city to which
this act shall apply shall not be required, after the passage of this act,
to designate judges or clerks of election or polling places when the city
election shall be held at the same time and place as an election for
county and state officers; but in such case, the same polling places
within the city shall be used as those used for the election of state or
county officers.

REGISTRATION.

SEC. 7. Whenever the election for city officers in any city to
which this act shall be applicable, shall occur at the same time as that
provided by law for state and county elections, it shall not be necessary
for any registration of voters other than that provided by law for the
registration of voters for state and county elections; but in such case
the registration of voters made in manner provided by law preceding
state and county elections shall be used and shall control, so far as
applicable in the election for city officers, but only duly qualified elec-
tors residing within the city shall be permitted to vote for city officers.
Whenever the city election in such city shall occur in a year or at a
time when there shall not be an election for state and county officers,
the provisions of Sections 391 to 404, inclusive, of the Revised Stat-
utes, 1899, respecting the registration of voters for city elections and
the qualifications of voters thereat, shall govern and control at such
election.
PROCEDURE WHEN ELECTOR NOT ENTITLED TO VOTE CITY TICKET.

SEC. 8. In case at any precinct, whenever the city election shall
be held at the same time as state or county elections, there shall be vot-
ers qualified to vote at such precinct for state or county officers but are
not entitled to vote for city officers, the judges of election shall furnish
to such voters a ballot not containing the names of the candidates for
city offices; and the judges of such precincts shall be furnished by the
county clerk a reasonable number of ballots not containing the names
of candidates for city offices, for the purpose aforesaid.

SEC. 9. This act shall take effect and be in force from and after
its passage.

Approved Feby. i6th, 1901.

CH. 22 TERMS OF CITY OFFICERS LAWS OF 1905

SESSION LAWS OF 1905
CHAPTER 22

House Bill No. 83.
TERMS OF CITY OFFICERS

AX ACT to amend and re-enact Sections 2 and 3 of Chapter 69 of the Session I,aws of 1901. relating
to the terms of office of mayor and conncilmen in cities incorporated under special charter,
containing a population of not less than 10,000 inhabitants.

Be it Enacted by the Legislature of the State of Wyoming :
MAYOR.

SECTION i. That Section Two (2) of Chapter Sixty-Nine (69)
of the Session Laws of 1901, be amended and re-enacted so as to read
as follows:

"SEC 2. The mayor who shall be elected in such city or cities at
the election to be held in November, 1906, shall enter upon the duties
of his office at the expiration of the official term of the mayor, who
shall be the incumben^ of such office at the time of such election, and
shall continue in office until the first Tuesday in January, 1909, and
thereafter the official term of each mayor of any such city or cities
shall commence on the first Tuesday in January next succeeding the
date of his election, and shall expire on the first Tuesday in January of
the second year after the commencement ,of such term."

COUNCILMEN.

SEC. 2. That Section Three (3) of Chapter Sixty-Nine (69) of
the Session Laws of 1901, be amended and re-enacted so as to read as
follows:

"SEC. 3. The term of office of councilmen, who shall be elected
at the election to be held in the month of November, in the years 1905,
1906, 1907, shall commence at the expiration of the official term of the
councilmen respectively, who are to be succeeded by the councilmen,
so as aforesaid, to be elected, and the term of each councilman who
shall be elected in the month of November in the years aforesaid, shall
continue for three years, from the first Tuesday in January succeeding
his election; and thereafter the term of office of the councilmen in any
such city or cities, who shall be elected for the term of three years in the
month of November, shall commence on the first Tuesday of January
next succeeding their election and shall continue for three years there-
after."

SEC. 3. This act shall take effect and be in force from and after
its passage.

Approved February loth, A. D. 1905.

\\ TERM OF MAYOR AND COUNCILMEN LAWS OF 1905 CIL 74

CHAPTER 74

House Bill No 147.
MAYOR AND COUNCILMEN TERM OF

AX ACT prescribing the term of office of the mayor and councilmen in incorporated to\vn.s hav-
ing a population of not less than one thousand nor more than thirty-five hundred and not
embraced within the definition of cities of either the first or second class, and providing for
salaries of officers.

Be it Enacted by the Legislature of the State of Wyoming :

TERM OF OFFICE.

SECTION i . In every town incorporated under the general laws
of this state having a population of not less than one thousand nor
more than thirty-five hundred, to be determined by the last preceding
United States census, and which is not embraced within the definition of
cities either of the first or second class as heretofore defined by law, the
term of office of the mayor shall be two years and of councilmen four
years, and at the election held on the second Tuesday in May, A. D. 1905,
in such towns as come w r ithin the provisions hereof, there shall be
elected one mayor, for the term of two years, and two councilmen for
the term of four years, and every two years thereafter there shall be
elected one mayor for the term of two years, and two councilmen for
the term of four years; Provided, that on the second Tuesday in May,
A. D. 1906, there shall be no election for mayor, but two councilmen
shall then be elected, who shall hold office until the second Tuesday in
May following their election.

SALARIES.

SEC. 2. In towns coming under the provisions of the preceding
section, the mayor shall receive an annual salary of fifty dollars and
each councilman shall receive an annual salary of twenty-five dollars.
All appointed officers of such town shall receive such salary or compen-
sation as may be provided by law or ordinance.

SEC. 3. This act shall take effect and be in force from and after
its passage.

Approved February 2ist, A. D. 1905.

CHAPTER 88

ELECTORS-WHERE THEY MAY VOTE

AN ACT to provide that electors may vote in any precinct where their duties call them on
election day.

Be it Enacted by the Legislature of the State of \Vyomiug:
ELECTOR ABSENT FROM HIS PRECINCT.

SECTION i. It shall be lawful for any elector being a qualified
elector of the state of Wyoming, who may, on the occurence of any

CH. 88 WHERE ELECTORvS MAY VOTE 2

general election, be unavoidably absent from his county or precinct
because his duties or occupation or business require him to be else-
where within the state, to vote for county, district or state officers,
members of the legislature, members of congress and electors of presi-
dent and vice president of the United States in any precinct where he
may present himself for that purpose on the day of such election, under
the regulations hereinafter prescribed.

CERTIFICATE FROM REGISTRATION OFFICERS,

SEC. 2. Such elector must obtain from the registration officers of
the precinct in which he is entitled to vote a certificate showing that
such elector is entitled to vote, giving the name and residence of such
elector, also the number of the registration as appears upon the regis-
tration books of such precinct, and if any elector so applying to vote
whose place of residence is in a precinct where prior registration is by
law not required, then such elector must furnish such judges of elec-
tion his affidavit taken before the county clerk of his county,
which affidavit shall show the name of such elector, his business and
occupation, his place of residence and that such residence is located in
a precinct where prior registration is not required by law.

AFFIDAVIT.

SEC. 3. The voter so entitled to vote shall present himself at the
polls in any precinct in the state where he may be on such election
day, and during voting hours, and make and subscribe before one of
the judges of election, an affidavit in substance as follows:
H 'The State of Wyoming, County of , ss.

"I, . , do solemly swear (or affirm)

that I have actually, and not constructively, been a bona fide resident

of the state of Wyoming one year, and of the County of

sixty days next preceding this date; that I am an actual resident of

Polling Precinct No , in Election District No ,

in said county (or in the city of . . ), and am in all respects

a duly qualified elector of said county and precinct; that I am a

, and that because of my duties (or occupation or

business) as such I am required to be absent from

my county (or precinct ) on this day, and have not had and will have
no opportunity to vote there; and that I have not voted elsewhere at
this election."

Any judge of election in any precinct in this state is hereby au-
thorized to administer the oath and take and certify such affidavit.
Thereupon the affiant shall be given a blank official ballot, as in the
case of a resident voter, and shall mark the same as any resident voter
may, and shall fold the same and hand it to the judges, as in the case
of a resident voter, but such ballot shall not be deposited in the ballot
box nor entered on the poll-books. It shall, together with said affi-
davit, be securely sealed in an envelope, upon the back of which one of

the judges shall write: "The ballot of , an absent voter

of Polling Precinct No , in Election District No

in the County of (or in the City of ) , "

24 WHERE ELECTORS MAY VOTE LAWS OF 1905 CH. S<S

which shall be signed by one of the judges, a cop}' of which affidavit
the said judges shall retain with the other affidavits and papers in con-
nection with their duties as such.

AFFIDAVITS MAILED TO HOME COUNTY CLERKS.

SEC. 4. All such envelopes shall, by the judges of election, be
mailed to the county clerks of the county where such elector claims
residence not later than the next succeeding day.

CANVASS.

SEC. 5. The said county clerk of the county in which said absent
voter resides shall receive said ballot, and shall safely keep and pre-
serve the same unopened in his office until the county canvassing board
meet to canvass the vote according to law, at which time, at two
o'clock in the afternoon of the first day of the meeting of said canvass-
ing board, any two electors residents of the precinct in which such
elector claims residence, may appear before said canvassing board and
challenge such voter's right to vote at such election. When such elec-
tor shall establish his right to so vote to the satisfaction of said can-
vassing board in accordance with the election laws of Wyoming.
Should no such challengers appear during the first day of meeting of
said board, they shall not be permitted to so appear thereafter. Should
the contention of such challengers be by said board sustained, then said
sealed envelope shall be returned to said elector, and the said county
canvassing board, in the presence of said county clerk and no other
person, shall open all envelopes not so challenged and record the said
ballot upon the poll-sheet of the proper precinct or district in their
possession, in the same manner as clerks of election record votes, and
in so canvassing said vote the said canvassing board shall count the
votes of all absent voters taken as herein provided, and add the same
to the total of the poll-sheet, in arriving at the total result of the elec-
tion in the precinct, or election district, where said voter resides.

DISPOSITION OF BALLOT AFTER CANVASS.

SEC. 6. Said ballot, when so opened by the canvassing board,
shall be sealed in an envelope with the endorsement thereon: "Vote of

absent voter of Polling Precinct No , in Election District No ,

in the County of (or City of )," and the same

shall be kept in the county clerk's office as other ballots are kept until
destroyed according to law; and in case of a contested election the
same may be counted and opened as in other cases. The said board of
canvassers and the county clerk of each county wherein any vote of
any absent voter is received, as herein provided, shall keep the fact of
such vote and the persons for whom the same is recorded and contents
thereof secret and shall not reveal or divulge the same.
ACTS INCONSISTENT.

SEC. 7. Ail acts and parts of acts in conflict with this act are
hereby repealed.

SEC. 8. This act shall take effect and be in force from and after
its passage.

Approved February 2ist, A. D. 1905.

CONSTITUTIONAL PROVISIONS 527

CONSTITUTIONAL PROVISIONS

DECLARATION OF RIGHTS

ELECTIONS-NO INTERFERENCE WITH.

SKC. 27. Elections shall be open, free and equal, and no power
civil or military, shall at any time interfere to prevent an untrammeled
exercise of the right of suffrage.

ARTICLE VL

SUFFRAGE

EQUAL RIGHTS.

SECTION i . The rights of citizens of the state of Wyoming to
vote and hold office shall not be denied or abridged on account of sex.
Both male and female citizens of this state shall equally enjoy all civil,
political and religious rights and privileges.
McKinney vs. State, 3 Wyo. 719.

QUALIFICATION OF ELECTORS,

SEC. 2. Every citizen of the United States of the age of twenty-
one years and upwards, who has resided in the state or territory one
year and in the county wherein such residence is located sixty days
next preceding any election, shall be entitled to vote at such election,
except as herein otherwise provided.

PRIVILEGED FROM ARREST- WHEN.

SEC. 3. Electors shall in all cases except treason, felony or breach
of the peace, be privileged from arrest on the days of election during
their attendance at elections, and going to and returning therefrom.

EXEMPTION FROM MILITARY DUTY.

SEC. 4. No elector shall be obliged to perform militia duty on
the day of election, except in time of war or public danger.

MUST BE CITIZEN OF UNITED STATES.

SEC. 5. No person shall be deemed a qualified elector of this state,
unless such person be a citizen of the United States.

DISQUALIFIED- WHEN.

SEC. 6. All idiots, insane persons, and persons convicted of in-
famous crimes, unless restored to civil rights, are excluded from the
elective franchise.

RESIDENCE NOT LOST.

SEC. 7. No elector shall be deemed to have lost his residence in
the state, by reason of his absence on business of the United States, or
of this state, or in the military or naval service of the United States.

8 CONSTITUTION SUFFRAGE ART. VI

SOLDIERS NOT RESIDENTS.

SEC. 8. No soldier, seaman, or marine in the army or navy of
the United States shall be deemed a resident of this state in conse-
quence of his being stationed therein.

EDUCATIONAL QUALIFICATION.

SEC. 9. No person shall have the right to vote who shall not be
able to read the constitution of this state. The provisions of this sec-
tion shall not apply to any person prevented by physical disability
from complying with its requirements.
Rasmusson vs. Baker, 50 Pac. Rep. 819.

FIVE YEAR LIMIT.

SEC. 10. Nothing herein contained shall be construed to deprive
any person of the right to vote who has such riglit at the time of the
adoption of this constitution, unless disqualified by the restrictions of
section six of this article. After the expiration of five years from the
time of the adoption of this constitution, none but citizens of the
United States shall have the right to vote.

ELECTION-HOW HELD.

SEC. ii. All elections shall be by ballot. The legislature shall
provide by law that the names of all candidates for the same office, to
be voted for at any election, shall be printed on the same ballot, at
public expense, and on election day to be delivered to the voters within
the polling place by sworn public officials, and only such ballots so de-
livered shall be received and counted. But no voter shall be deprived
of the privilege of writing upon the ballot used the name of any other
candidate. All voters shall be guaranteed absolute privacy in the
preparation of their ballots, and the secrecy of the ballot shall be made
compulsory.

Slaymaker vs. Phillips, 5 Wyo. 462.

PRIOR REGISTRATION REQUIRED.

SEC. 12. No person qualified to be an elector of the state of
Wyoming, shall be allowed to vote at any general or special election
hereafter to be holden in this state, until he or she shall have regis-
tered as a voter according to law, unless the failure to register is caused
by sickness or absence, for which provision shall be made by law. The
legislature of the state shall enact such laws as will carry into effect
the provisions of this section, which enactment shall be subject to
amendment, but shall never be repealed; but this section shall not ap-
ply to the first election held under this constitution.

ELECTIONS
PURITY OF ELECTION PROVIDED FOR.

SECTION i . The legislature shall pass laws to secure the purity of
elections, and guard against abuses of the elective franchise.
Slaymaker vs. Phillips, 5 Wyo. 462.

CONTESTS-HOW TRIED.

SEC. 2. The legislature shall, by general law, designate the
courts by which the several classes of election contests not otherwise

ART. VI CONSTITUTION ELECTIONS 3

provided for, shall be tried, and regulate the manner of trial and all
matters incident thereto; but no such law shall apply to any contest
arising out of an election held before its passage.

QUALIFICATIONS FOR OFFICE.

SEC. 3. No person except a qualified elector shall be elected or
appointed to any civil or military office in the state.

OFFICERS HOLD OVER- WHEN.

SEC. 4. Every person holding any civil office under the state or
any municipality therein shall, unless removed according to law, exer-
cise the duties of such office until his successor is duly qualified, but
this shall not apply to members of the legislature, nor to members of
any board of assembly, two or more of whom are elected at the same
time. The legislature may by law provide for suspending any officer
in his functions, pending impeachment or prosecution for misconduct
in office.

GENERAL AND SPECIAL ELECTIONS.

SEC. 5. All general elections for state and county officers, for
members of the house of representatives and the senate of the state of
Wyoming, and representatives to the congress of the United States,
shall be held on the Tuesday following the first Monday in November
of each even year. Special elections may be held as now, or as may
hereafter be provided by law. All state and county officers elected at
a general election shall enter upon their respective duties on the first
Monday in January next following the date of their election, or as
soon thereafter as may be possible.
In re Moore, 4 Wyo. 106.

OFFICERS NOT PROVIDED FOR.

SEC. 6. All officers, whose election is not provided for in this
constitution, shall be elected or appointed as may be directed by law.

PERSONS DISQUALIFIED TO HOLD OFFICE.

SEC. 7. No member of congress from this state, nor any person
holding or exercising any office or appointment of trust or profit under
the United States, shall at the same time hold or exercise any office in
this state to' which a salary, fees or perquisites shall be attached. The
legislature may by law declare what offices are incompatible.

OATH OF OFFICE-FORM OF.

SEC. 8. Senators and representatives and all judicial, state and
county officers shall, before entering upon the duties of their respec-
tive offices, take and subscribe the following oath or affirmation: "I
do solemnly sw r ear (or affirm) that I will support, obey and defend the
constitution of the United States, and the constitution of this state,
and that I will discharge the duties of my office with fidelity; that I
have not paid or contributed, or promised to pay or contribute, either
directly or indirectly any money or other valuable thing, to procure
my nomination or election (or appointment) except for necessary and
proper expenses expressly authorized by law; that I have not, know-

'fa CONSTITUTION ELECTIONS ART. VI

ingly, violated any election law of the state, or procured it to be done
by others in my behalf; that I will not knowingly receive, directly or
indirectly, any money or other valuable thing for the performance or
non-performance of any act or duty pertaining to my office, other than
the compensation allowed by law."

OATH-HOW ADMINISTERED,

SEC. 9. The foregoing oath shall be administered by some per-
son authorized to administer oaths, and in the case of state officers and
judges of the supreme court shall be filed in the office of the secretarv
of state, and in the case of other judicial and county officers in the of-
fice of the clerk of the county in which the same is taken; any person
refusing to take said oath or affirmation shall forfeit his office, and any
person who shall be convicted of having sworn or affirmed falsel} 7 or
of having violated said oath or affirmation, shall be guilty of perjury,
and be forever disqualified from holding any office of trust or profit
within this state. The oath to members of the senate and house of
representatives shall be administered by one of the judges of the su-
preme court or a justice of the peace, in the hall of the house to which
the members shall be elected.

ARTICLE XX.

CONSTITUTIONAL AMENDMENTS

PROVISION FOR.

SECTION i. Any amendment or amendments to this constitution
may be proposed in either branch of the legislature, and, if the same
shall be agreed to by two-thirds of all the members of each of the two
houses, voting separately, such proposed amendment or amendments
shall, with the yeas and nays thereon, be entered on their journals,
and it shall be the duty of the legislature to submit such amendment
or amendments to the electors of the state at the next general election,
and cause the same to be published without delay for at least twelve
(12) consecutive weeks, prior to said election, in at least one newspa-
per of general circulation, published in each county, and if a majority
of the electors shall ratify the same, such amendment or amendments
shall become a part of this constitution.

HOW VOTED FOR.

SEC. 2. If tw r o or more amendments are proposed, they shall be
submitted in such manner that the electors shall vote for or against
each of them separately.

CONSTITUTIONAL CONVENTION- PRO VISION FOR.

SEC. 3. Whenever two- thirds of the members elected to each
branch of the legislature shall deem it necessary to call a convention
to revise or amend this constitution, they shall recommend to the elec-
tors to vote at the next general election for or against a convention,
and if a majority of all the electors voting at such election shall have

ART. XX. CONSTITUTIONAL AMENDMENTS 2

voted for a convention, the legislature shall at the next session provide
by law for calling the same; and such convention shall consist of a
number of members, not less than double that of the most numerous
branch of the legislature.

COURT HOUSE BONDS-SPECIAL ELECTION FOR.

SEC. 2. The board of the count)" commissioners of any county
may, at any time, whenever a majority thereof so decide, submit to
the electors of the county, the question of whether the board of the
county commissioners shall be authorized to issue the registered coupon
bonds of the county to a certain amount which, together with the ex-
isting indebtedness of such county shall not exceed two per centum of
the taxable property in said county as shown by the last general assess-
ment preceding, and bearing a certain rate of interest, not exceeding
six per cent per annum, and to be issued, payable and redeemable in
the manner hereafter provided, for the purpose of providing means for
the construction of a court house and jail, or either, for purchasing a
site therefor, and for the necessary furnishings and equipment of the
same.

[Chap. 76, Laws 1903, Sec. 2.]

MAY BE VOTED ON AT GENERAL OR SPECIAL ELECTION.

SEC. 3. The proposition to create such debt may be submitted
to a vote of the people of such county at any general election held
therein, or at any special election which may be called for the purpose
of voting upon such proposition.

[Chap. 76. J^aws 1903, Sec. 3.]

SPECIAL ELECTION - CONDUCTED HOW - MAJORITY VOTE NECES-
SARY.

SEC. 4. Such special election shall be conducted and the results
thereof canvassed and certified, in all respects as near as practicable,
in the same manner as in general elections, and a majority of the votes
cast at any election upon such proposition, shall be deemed to consti-
tute the approval or disapproval of the people of such county, as such
majority may appear to be for or against the authority to create such
indebtedness.

[Chap. 76, Laws 1903, Sec. 4.]

INDEX

Index to Election Laws

Reference is to Sections, Unless Page is Given.

AMENDMENT OF CONSTITUTION

How accomplished ( Page 72 )

How voted for f Page 72)

ELECTIONS-

Abstracts Must be certified by county clerk to secretary of state 349

Of returns When and by whom made 347

Amendment of constitution How determined ( Pages 61-62 ) 2704, 2705

Application of election laws To all precincts 375

To conventions and primaries 220

To municipal elections 387

To special elections 2 1 8

Assessors Now appointed by county commissioners, Laws 1903.

Ballot Cast how 339

Canvass of 340

Fvndorsed ballots only can be cast 334

Furnished by county clerk Number 292, 293

How counted '. . 341

Invalid When 279

Lost ballots How replaced 296

Must be cast in presence of all the judges 279

Must be endorsed 336

Must not be marked for identification 336

Number elector may have 332

Official ballots shall not be removed from polling place 333

Only official to be cast 292

Preparation of by elector 337

Preservation of at primary and convention 224

Preservation of those cast 344

Printed at public expense 2S6, 287

Sample may be used How 33-S

Shall state proposition submitted to voters 288

Spoiled to be returned by elector 332

Spoiled to be returned by judge 335

Time of printing. 294

To be prepared by county clerk 288

What it shall contain -'^s

What may be counted 34'

When to be taken in convention or primary 222

INDRX TO ELECTION LAWS

ELECTIONS Continued

Hallot box Custc dy of 315

How constructed 300

Inspection of before election 315

May be canvas pouch When 300

Protection of 299

Booths Furnished by sheriff 299

Not necessary When 316

Number in each precinct 307

What it may and may not contain 301, 318

Who may occupy 331

Candidates May inspect ballots 294

Canvassing boards

County board Constituted how 347

Meets When 347

Shall count all returns 348

Shall count votes of absent voters ( Page 68 )

State board Constituted How 351

Meets When , 351

Shall certify result to secretary of state 351

( 'anvass of ballots Conducted how 340

When to begin 340

Certificate Form of on election returns , 342

Of election - By whom marie When 347, 35 1

Of ballots cast To be made by clerk of election 342

( )f nomination Filed where 232

Must be preserved one year 231

Must be verified 230

Time for filing 233

To fill vacancy in former nominations 237

What to contain 227

Challenge Challenged elector's oath and identification 322, 323

Challenged electors voting must be designated on poll list 324

Of elector voting when prior registration is not required 273

Officers of election shall 325

( )f person applying to register 261

Of registered voter 266

( )f voter at primaries 223

Who may challenge 263

Challengers Allowed in polling place Two 310

Qualifications of 310

Who may be , 325

Clerks Appointed by whom 278

Duties 285

In precincts where prior registration is not required shall register

voters 267

( )ath of 282

Pay 283

To certify list of voters and ballots cast 342

III

INDEX TO ELECTION LAWS

ELECTIONS Continued

Constables Pay 283

Powers 314

Constitutional Amendments (See amendments)
Constitutional convention

Provision for ( Page 72 )

Contests Depositions How certified and transmitted 358

Evidence How taken . 364

Production of 357

Judgment of court What it shall be 367

Appeal from may be taken 374

Effect of 372

Notice of Contest of legislator 355

Contest of legislator - Given to whom 355

Taking depositions in legislative contest 356

Of county and precinct officers determined by district court 353

Of county seats determined by district court 353

Of members of legislature determined by legislature 352

Of questions submitted to voters determined by district court .... 353

Petition for contest of election Time of filing 362

Procedure in contest of question submitted to electors at elections 365

Service upon contestee 355 , 363

Who may contest election of county or other officer 361

Who may contest election of legislator 354

Who may contest question submitted to electors at elections. . . . 365

Who may defend contest 366

Witnesses 357

Convention and primary (See nominations.)

Ballots to be preserved When 224

Ballot- When to be taken 222

Challenge of votes 223

How called 220, 221

How organized 221

Defined 219

Nominations to office may be made 226

Regulations may be adopted 225

County clerk

Duty Certify abstract to secretary of state When 349

Correct errors in ballot 294

Deliver supplies How At public expense '. 287, 291

Furnish ballots- Number of 292, 293

Furnish city clerks list of voters 383, 398

Furnish election supplies 207

Furnish supplies to judges of election for registration of voters 271

Give election officer certificate for his pay. 284

Give notice of appointment to judge of election 275

Make abstract of returns . : 347

Make certificates of election When and to whom 347

Notify governor of vacancy in office of member of legistature. . 212

INDEX TO ELECTION LAWS

ELECTIONS Continued

County clerk. (Continued.)

Post list of electors in city election 397

Prepare ballot 288

Preserve certificates of nomination one year 231

Preserve election returns 268

Publish all proceedings had under election law 382

Publish list of nominations . 243

Replace lost ballots 296

Send messenger for returns- When 346

What he shall supply for election officers 290

Count}' commissioners Appoint judges of election -When .... 275

Appoint registry agents When 249

Decide who elected in case of tie vote 369

Distribute election laws 385

Duty regarding ballot box or pouch 300

Duty in regard to ballot box 300

Duty in regard to special elections for court house bonds ( Page 73)

Elected When ( Page 60) 1056

Establish polling precincts 245

Furnish supplies to registry agents 251

Lay out election districts How W 7 hen 244

Make proclamations for general elections 204

Make provision for special elections 214

May change polling precincts 247

Must notify registry* agents of municipal elections to be held 391

Notify judges of election of each election taking place 297

Order for special election shall contain What 216

Order special election for county officers 215

Post registration list in each polling place 258

Publish proclamation for election ... 205

Shall publish all proceedings had under election law 382

Count} T officers When elected 202

Court house bonds- Special election for .... ( Page 73 )

Disqualification For holding office 379

For voting 379

Election districts - How When By whom laid out .... 244

Electors. (See Elections Constitution. )

Absent from home precinct may vote ( Page 66)

Aids to in voting 321, 338

Arrest Privileged from 309

Asking assistance may be sworn as to disability . 329

Assistance given to in voting By whom 328

Assistance given to When 328

Can cast only endorsed official ballot 334

Can not have more than three ballots 332

Can not take ballot from polls 333

Cast his ballot How 339

Challenged elector voting must be designated on poll list 324

INDEX TO ELECTION LAWS

ELECTIONS- Continued

Electors. (Continued.)

Disqualification of 379

May have ballot corrected How 295

May vote for anyone 321

Must not mark ballot for identification 336

Not registered may vote When 327

Oath of when applying to register 255

Oath of When challenged 322

Poll tax Payment of not necessary 3X7

Preparation of ballot by 337

Qualifications of 203

Electors Qualifications of Constitutional provision ( Page 69 )

Qualifications of electors ( Page 69 )

Shall be registered . ... 262

Shall not be disturbed 330

Spoiled ballot must be returned 332

What he may and may not do in voting 319

Where must vote 388

Where must vote in city election 402

Who may vote at special election 2 1 S

Who may vote Those registered only 26.5

Errors in Ballot How corrected and by whom. 294, 295

For successor to governor When held ( Page 58) 52

How conducted ( Page 58; 52

General elections County officers elected When . 202

Justices of supreme court Elected when 200

Members of legislature elected When 197

Proclamation for by county commissioners 204

Proclamation to be published By whom 205

Representative in congress elected When 1 97

Secretary of state to notify county commissioners what officers are

to be elected 206

State offcers 1 98

Supplies to be furnished by county clerks 207

Time 1 95

W 7 hat officers to be elected at 1 95

Wlio may vote at 203, 265

Vacancies What rilled at general elections 199

Governor Call special election on questions to be submitted to people 213
Call special election to fill vacancy in office of members of legisla-
ture 212

Give certificates of election to whom When 351

Successor When and how elected ( Page 58) 52

Informalities Do not invalidate election 345

Instruction Cards of In booths 318

Judges of election Appointed when By whom 275, 277

Are ex-officio registry agents When Duties as such 271

Canvass of ballots How conducted 340

INDEX TO ELECTION LAWS

ELECTIONS Continued

Judges of election. (Continued.)

Canvass of ballots No adjournment 340

Care of ballot box and booths 300, 301

Count ballotsHow 341

Deliver election returns -To whom 343

Duties 285

Give notice of change of polling place 304

In case of lost ballots- Shall do what 296

May count what ballots 341

Notify commissioners of inability to serve 298

Oath of 280

Oath of How administered 281

Pay 283

Preserve ballots cast How 344

Proceedings of judges in valid- -When 279

yualifications of 276

Return of spoiled ballots 335

vShall designate judge to deliver ballots to electors 336

Shall endorse ballots given to electors 336

Shall keep register of election When How 272

Sign returns of election 342

Term 277

Vacancies How tilled 279

When registry list not received Duty 317

Laws To be printed 384

Messenger for returns Pay of 346, 350

Municipal -Application of general election law -387, 406

City to pay registry agents Judges and clerks 403, 405

County clerk Duty of. (See County Clerk.)

Duty of city clerk 397, 400

Expense By whom paid 399

In cities of 10,000 (See pages 62-65)

In cities of 1,000 to 3,500 (See pages 65-66)

Judges and clerks Appointment of 404

Mayor and councilmen Terms of (See pages 65-66 )

Meaning of term "municipal" 386

Notice to county commissioners required 391

Proclamation for 389

Registry agents. (See Registry agents.)

Where elector entitled to vote 402

Who entitled to vote in 401

Who may vote at special elections 218

Nominations

Certificate of Filed where 232

Must be verified 230

. What to contain 227

To contain name of but one candidate 229

To fill vacancy in former nomination How made 237

VII

INDEX TO ELECTION LAWS

ELECTIONS Continued

Nominations. (Continued.)

Declination of How made 234

May be made by convention or primary 226

May be made outside of convention 228

Person can accept but one nomination 229

Person receiving more than one must accept one When 229

Publication of by county clerks 243

Time for filing certificates of 233

Vacancies How filled 235, 236

When two or more nominations First deemed accepted 229

Notice of Appointment of judges of election 275

Contest to legislature by secretary of state 359

Legislative contest required 355

Municipal election must be given to commissioners 391

Question to be submitted to voters 241

Taking depositions in legislative contest 356

Oath Identification of challenged elector -. 323

Of challenged elector 322

Of clerks of election 282

Of elector absent from home precinct ( Page 67 )

Of judges of election 280

Of judges of election How administered 281

Of persons applying to register 255

Of person challenged at registration 263

Of registry agents 250

To comply with religious belief 376

Who may administer oath to challenged voter 326

Who may administer oath to voter absent from home precinct (Page 67)

Office Disqualifications 379

Qualifications 377

Officers Election of in new county When held (P ft R e 60) 1008

Election officers' duties 202

Resignation of To whom given 380

State and county When elected 195

Penalties Ballots Forgery of 414

Certificates of nomination False 414

Electioneering k 416

Election officers doing prohibited act 408

Election officers failing to do duty 407

False registration 412

False swearing 410, 417

Interfering with election conveniences 415

Interfering with electors 415

Misconduct of officers of primary 420

Mutilating registry and poll books 409, 413

Registration officers 411

Unlawful voting at primary 419

Use of intoxicants by election officers 418

VIII

INDEX TO ELECTION LAWS

ELECTIONS Continued

Polling place Approach and departure from 308

Change, of 303

Change of polling place Notice necessary 3<>4

Expense of A public charge 306

Order at must be good 313

Proclamation of opening and closing 312

Public buildings may be used 306

Shall not be near saloon 302

vSpace around 305

Time kept open " 311

Who allowed within rail 330

Polling precincts Change of 247

Established By whom 245

Failure to hold election in does not invalidate election 345

In municipal elections 389

Rules for establishment of 246

Size of 248

Poll list -How kept. 320

Must show challenges 324

Presidential electors Certificate of election to be served upon them

When ( Page 59 ) 166

Compensation ( Page 60 ) 169

Convene When and where (P a g e 59) ] 6~

Elected When ( Page 59, Sec. 165 ) 196

Shall cast vote When and where (Page 60) 168

Vacancy How filled ( Page 59) 167

Primary defined 219

Proclamation By county commissioners for elections 204

Opening and closing polls 312

Qualification necessary To hold office 377, 378

Registration Hours for 256

Of electors How made ^. 253

Prior to election, required 249

Public 260

Required prior to voting 274

Who must register 254

Registry agents -File original registry list with county clerk When. . 258

Furnish certificate to absent voter ( Page 67 )

(Vive certified registry lists to judges of election 264

Hours of registration 256

Judges of election are ex-officio 271

Keep copies of registry list 258

Make copies of registry list 257

Meetings of Time and hours for holding 252, 259

Meet to complete registration lists When 259

Municipal election Duty in 392, 394

Certify list To whom 396

Length of meetings 395

INDEX TO ELECTION LAWS

ELECTIONS Continued

Registry agents. (Continued. )

Post list of electors 394

Shall meet When ^9-

Must register Whom 254, 262

Oath of 250

Pay 0^ 269

Power of 270

Shall post notice of meetings When 252

Term of office 249

Vacancies - How filled 270

When appointed . . . . 249

Who may be 249

Registry lists Certified copies to be given to judges of election 264

Completion of 259

Copies to be made 257

Correction of 260, 261

Disposition of 258

Duty of judges when list not received 317

How made . ... 253

Judges of election shall return list to county clerk When 26S

Representative in congress When elected . . 1 97

Special election to fill vacancy 210

Resignations Of officers To whom made 380

Returns Abstracts of to be made when and by whom 347

Delivery to By whom 343

Form of 342

Informality of delivery does not invalidate vote 345

Messenger to be sent for When 346, 350

What shall be counted 348

Saloons shall be closed on election day (Page 61 ) 2643

Secretary of state shall certify nominations to county clerks 242

Shall certify substituted nominees 238

Shall certify questions submitted to voters to county clerks 241

Shall certify nominations to county clerks 242

Shall give notice to county commissioners of vacancy in office of

member of congress 211

Must give notice to county commissioners what officers are to be

elected 206

Shall print election laws When And distribute 384

Must send messenger for returns When 350

Sheriffs Furnish voting booths 299

vSoldiers can not acquire residence. (Constitution, Sec. 8, page 70. )

Special Called by whom, and when 212, 213, 215

For members of congress to fill vacancy . 210

For member of legislature to fill Vacancy 212

How conducted 208

Order for Shall contain what 216

When held 209

INDEX TO ELECTION LAWS

ELECTIONS Continued

Special. (Continued.)

Who may vote 2 1 S

Stickers Defined 240

To fill vacancy after ticket is printed 239

Suffrage

Constitutional provisions ( Page 69)

Supplies For election What and by whom furnished 207, 290

For registration What and by whom furnished 251

How delivered '. . . 291

Tie vote Duty of court in case of 37 1

Effect of 368

Procedure in case of For city officer ( Page 61 ) 1681

Procedure in case of For county officer 369

Procedure in case of P x or state officer 370

Time Allowed to elector in which to vote 331

For appointing registry agents 249

For canvassing returns 347> 35 1

For commencement of election contest 355, 362

For filing certificates of nomination 233

For filing certificates of nomination by secretary of state 242

For filing declination of nomination 234

For keeping polling place open 311

For laying out election districts 244

For printing ballots 294

For publication of nominations for office 243

Holding of general election 195

Limit for call of special election 216

Vacancies After ticket printed How filled 239

Determined by whom 217

In elective office How made 381

In nominations How filled 235, 236

In office of judge of election How filled 279

Of office of registry agents How filled 270

What filled at general election 199

What filled at special election 209

Void Election void When .' 373

Voting Aids to voter What may be used 321

Cards of instruction for voting 318

When elector not registered How he may 327

When elector absent from home precinct How he may (I >a K e 66)

Woman suffrage 378

LAWS OF J905 Page

Amendment of Sections 2 and 3, Ch. 69, S. I/, of 1901 65

Councilmen Terms of City of 10,000 65

Terms of City of r ,000 to 3,500 . % 66

Salaries of City of r ,000 to 3,500 66

Electors Absent from home precinct may vote anywhere in state How 66

Mayor Term of City of 10,000 65

INDEX TO ELECTION LAWS

LAWS OF 1905 Continued
Mayor. (Continued.)

Term of City of i ,IK>O to 3,500 66

Salary of City of i ,000 to 3,500 66

CONSTITUTIONAL PROVISIONS

Sec. Art. Page

Arrest

Electors privileged from When Constitution 3 VI. 69

Contests

Provision for trial 2 V 1 . 70

Electors-
Constitutional qualifications of Sections 2, 5, 6, 9 and 10 VI. 69-70

Exempt from arrest When 3 VI. 69

Exempt from military service When 4 VI. 69

Residence not lost When 7 VI. 69

Soldiers and seamen are not 8 VI . 70

Equal rights I 69

General elections When held 5 VI. 71

Ballot at ii VI . 7

Open, free and equal 27 I. 69

Purity of provided for i VI. 70

Qualifications for office 3 VI . 71

Registration required prior to voting 12 VI. 70

Voting at 1 1 VI. 7^

Special elections When held 5 VI. 71

Officers-
Hold over- When 4 VI . ~i

Not provided for in constitution How provided for 6 VI. 71

Oath of Form of 7 1

Oath of How administered 9 VI . 72

Qualification of 3 7 [

Terms begin When 5 VI. 7'

Residence

Electors When not lost 7 VI . 69

Not acquired by -soldiers and seamen VI. 70

Rights-
Equal in elections i 6 9

Soldier

Residence can not be acquired VI. 70

XII

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