GIFT OF 
 
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 NOV 10 '^- 
 
 1914 
 
 ELECTION LAWS 
 
 OF 
 
 -C. 
 
 WEST VIRGINIA 
 
 INCLUDING 
 
 "REGISTRATION ACT' OF 1911 
 
 AS AMENDED IN 1913 
 AND 
 
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 CORRUPT PRACTICES ACT" OF 1908 
 
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 TRiaUNC PRINTINO fiC.f i/HA«LE^70N. W. 
 
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 Reprint of Laws Relating to Elections. 
 
 This reprint of those chapters and sections of the Code and Acts of 
 West Virginia, now in force, which relate to the holding of elections, does 
 not purport to embrace all the enactments and decisions bearing upon con- 
 tests and other subjects more or less remotely connected with elections. 
 It does however aim to present all the sections that have special reference 
 to the duties of commissioners, poll clerks, challengers, registrars, ballot 
 commissioners and voters. The Corrupt Practices Act of 1908 and the 
 Registration Law of 1911 as amended in 1913 are printed in full. 
 
 Secretary of State 
 
 Charleston, W. Va. 
 Sept. 30, 1914. 
 
CONSTITUTION OF WEST VIRGINIA 
 
 PER PAINING TO ELECTIONS AND OFFICERS 
 
 ARTICLE IV. 
 Elections and Officers. 
 
 1. The male citizens of the State shall be entitled to vote at all elec- 
 tions held within the counties in which they respectively reside; but no 
 person who is a minor or of unsound mind, or a pauper, or who is under 
 conviction of treason, felony, or bribery in an election, or who has not been 
 a resident of the State for one year, and of the county in which he offers 
 to vote, sixty days next preceding such offer, shall be permitted to vote 
 while such disability continues; but no person in the military, naval or 
 marine service of the United States shall be deemed a resident of this State 
 by reason of being stationed therein. 
 
 2. rn all elections by the people the mode of voting shall be by ballot; 
 but the voter shall be left free to vote by either open, sealed or secret 
 ballot, as he may select 
 
 3. No voter, during the continuance of an election at which he was en- 
 titled to vote, or during the time necessary and convenient for going to 
 and returning from the same, shall be subject to arrest upon civil pro- 
 cess, or be compelled to attend any court, or judicial proceeding, as suitor, 
 juror or witness; or to work upon the public roads; or, except in time of 
 war or public danger, to render military service. 
 
 7. (As amended — See Acts 1883, p. 137.) — The general elections of 
 State and county officers and of members of the legislature, shall be held 
 on the Tuesday next after the first Monday in November, until otherwise 
 provided by law. The terms of such officers, not elected, or appointed to 
 fill a vacancy, shall, unless herein otherwise provided, begin on the first 
 day of January; and of the members of the legislature, on the first day of 
 December next succeeding their election. Elections to fill vacancies, shall 
 be for the unexpired term. When vacancies occur prior to any general 
 election, they shall be filled by appointment, in such manner as may be 
 prescribed herein, or by general law, which appointments shall expire at 
 such time after the next general election as the person so elected to fill 
 such vacancy shall be qualified. 
 
 10. Any citizen of this State, who shall, after the adoption of this Con- 
 stitution, either in, or out of the State, fight a duel with deadly weapons, 
 or send or accept a challenge so to do, or who shall act as a second or 
 knowingly aid, or assist in such duel, shall, ever thereafter, be incapable 
 of holding any office of honor, trust or profit in this State. 
 
 11. The Legislature shall prescribe the manner of conducting and mak- 
 ing returns of elections, and of determining contested elections; and shall 
 
 2^:i/RA 
 
ELCCiTIONgi B7 THE PEOPLE. 
 
 pass such laws as may be necessary and proper to prevent intimidation, 
 disorder or violence at the polls, and corruption or fraud in voting, count- 
 ing the vote, ascertaining or declaring the result or fraud in any manner, 
 upon the ballot. 
 
 12. The Legislature shall enact proper laws for the registration of all 
 qualified voters in this State.— (Amendment Adopted 1902.) 
 
 CHAPTER 3, CODE 
 
 ELECTIONS BY THE PEOPLE FOR STATE, DISTRICT, COUNTY AND 
 
 OTHER OFFICERS. 
 
 General Elections — When Held. 
 
 1. The general election for State, district, county and other officers here- 
 inafter named, excepting municipal elections, shall be held on the Tuesday- 
 next after the first Monday in November, until otherwise provided by law. 
 
 Offlcers to he Elected, and When. 
 
 2. At the said election in the year one thousand nine hundred and four, 
 and every second year thereafter, there shall be elected delegates to the 
 legislature, a senator for each senatorial district, and a commissioner of 
 the county court. And in the year one thousand nine hundred and four, 
 and in every fourth year thereafter, a governor, secretary of state, state 
 superintendent of free schools, treasurer, auditor and attorney general for 
 the state; (*) a prosecuting attorney, surveyor of lands, sheriff, the number 
 of assessors prescribed by law for each county, and the number of justices 
 and constables in each magisterial district in the county, to which such 
 district is entitled by law, to be from time to time ascertained and entered 
 of record by the county court. And in the year one thousand nine hundred 
 and eight, and in every sixth year thereafter, a clerk of the circuit court 
 and a clerk of the county court. And in the year one thousand nine 
 hundred and four, and every eighth year thereafter, one judge of every 
 judicial circuit, except the first, and for the first circuit, two judges. And 
 in the year one thousand nine hundred and four, and in every twelfth year 
 thereafter two judges of the supreme court of appeals; and in the year 
 one thousand nine hundred and eight and in every twelfth year thereafter, 
 one judge of the supreme court of appeals; and in the year one thousand 
 nine hundred and twelve and in every twelfth year thereafter, two judges 
 of the supreme court of appeals. 
 
 3. Elctors of president and vice-president of the United States shall be 
 chosen by the voters of the State at the elections to be held for the purpose 
 on the Tuesday next after the first Monday in November in the year one 
 thousand eight hundred and ninety-two and every fourth year thereafter, 
 and at least sixty days before every such election, the governor by procla- 
 mation published in some newspaper in every county where a newspaper 
 is printed, shall give notice of the time of such election, and the number 
 of electors to be chosen. And on the Tuesday next after the first Monday 
 
 •Election of commissioner of Agriculture authorized — Acts 1911,. C 35, § 2. 
 
Elections by the People. 
 
 in November, one thousand eight hundred and ninety-two and in every 
 second year thereafter or until the congress of the United States shall 
 otherwise provide, there shall be elected a representative in the congress 
 of the United States, for the term beginning on the fourth day of March 
 next after the election, for every congressional district. 
 
 Magisterial Districts. 
 
 4. Each county shall be laid off by the county court into magisterial 
 districts not less than three nor more than ten in number and as nearly 
 equal as may be in territory and population. There shall be elected in 
 each of said districts containing a population of not exceeding twelve 
 hundred, one justice of the p-eace and one constable; and, if the population 
 of any such district exceed that number, two justices and two constables 
 shall be elected therein. Such districts, as they now exist in each county, 
 shall remain until changed by the county court. The county court may, 
 from time to time, increase or diminish the number of such districts, 
 change the boundary lines thereof, as necessity may require, in order to 
 conform the same to the provisions of the constitution of the State. But 
 before such districts shall be increased, or diminished, or the boundary 
 lines thereof chang i, the said court shall cause a notice of its intention 
 to do so to be posted on the front door of the court house of the county 
 and at some public place in each district affected thereby, for at least 
 thirty days prior to the term of the court at which such action is proposed 
 to be taken. The words "county court" shall be construed to include every 
 tribunal in lieu thereof, created under the provisions of section twenty- 
 nine, article eight of the State constitution. 
 
 Election Precincts. 
 
 5. The county court of each county in this state shall, at their first 
 session after the taking effect of this act, divide the magisterial districts 
 of their respective counties into election precincts, number the same, 
 establish the boundaries thereof, and designate at least one place of hold- 
 ing elections in each magisterial district. Every magisterial district, in 
 which only one place of holding elections is designated, shall constitute 
 a precinct. There shall be but one voting place in a precinct, which shall 
 be established as near as possible at the place most convenient for the 
 voters of the preciixct. Each precinct shall contain as nearly as prac- 
 ticable, two hundred electors, based on the number of votes cast at the 
 last election for presidential electors; but no precinct shall contain more 
 than two hundred and fifty electors. If at any election hereafter two 
 hundred and fifty or more votes shall be cast at any voting place, it shall 
 be the duty of the county court to, and it shall at its next regular meeting 
 after such election, divide such precinct as equally as possible, so that the 
 new precinct formed thereof, or in part thereof, shall each contain two 
 hundred electors, as nearly as practicable; but no precinct shall contain 
 more than two hundred and fifty electors. If such county court fail to 
 
6 Elections by the People. 
 
 act as herein directed, any qualified voter of the county may apply for a 
 writ of mandamus to compel a performance of this duty. 
 
 6. The county court of any county may change the boundaries of any 
 precinct within such county or divide any precinct into two or more pre- 
 cincts or consolidate two or more precincts into one, or change any place 
 of holding elections, whenever public convenience or the public good may 
 require it. And if by reason of the destruction of the house or 
 structure at which a precinct election has been established or if for any 
 other reason the election cannot be held thereat, and no provision has been 
 made by the county court for holding the election at another place the 
 commissioners of election at such place may hold the election at the place 
 nearest thereto which they can secure for the purpose; and in such case 
 they shall make known by proclamation to the voters assembled at such 
 first named place of voting, the place at which the election will be 
 held. And the county court shall, in such case, establish another place of 
 voting for said precinct as soon thereafter as practicable. 
 
 Provided, That no precinct shall be so enlarged as to contain more than 
 250 electors; and provided, further, that no such change, division or con- 
 solidation shall be made by the county court within ninety days next 
 preceding an election, and provided further, that no such change, division 
 or consolidation shall be valid without giving due notice, at least one 
 month before any election, by publication in two newspapers published in 
 said county, if such there be, representing the two political parties which 
 cast the highest number of votes in the State at the last preceding general 
 election and by posters put up in four of the most public places in each 
 precinct affected thereby. 
 
 The county court shall keep in a well bound book, marked "election 
 precinct record," a complete record of all their proceedings in this and the 
 next preceding section, and every order entered creating a precinct or 
 precincts or establishing a place of voting therein. Said court shall, with- 
 in ten days from the date of such order, cause to be published in two 
 newspapers, if such there be, representing the parties casting the highest 
 number of votes in the county at the last election of presidential electors 
 and posted at the front door of the court house. 
 
 Said "election precinct record" shall be kept by the circuit court clerk 
 in his office and shall, at all reasonable hours, when not actually in use by 
 the county court, be subject to inspection by any citizen of the county. 
 
 Commissioners of Election. 
 
 7. The county court of every county shall hold a regular or special 
 session at the court house of their county, on the first Tuesday of the 
 month next preceding the month in which any election is to be held, and 
 shall appoint three qualified voters as commissioners of election for each 
 precinct in their county. 
 
 Said commissijoners shall be persons of good standing and character and 
 not addicted to drunkenness! They shall be selected from the two political 
 parties which at the last preceding election cast the highest number of 
 rotes in the magisterial district in which the election is about to be held. 
 
Elections by the People. 
 
 and not more than two of them shall belong to the same political party. 
 But if at any time during said session, the county executive committee of 
 either political party from which said commissioners of election are to be 
 selected or appointed, as is hereinafter provided for, shall present to the 
 said court a writing signed by them, or by the chairman of said committee 
 on their behalf, requests the appointment of a qualified voter of their 
 political party, and who is otherwise qualified to act as such under the 
 provisions of this section, it shall be the duty of the court to appoint the 
 person named in such writing as such commissioner. Every writing so 
 presented shall be filed, preserved and kept by the clerk of said court in 
 his office. And if it shall appear that the said writing was a forgery, and 
 that it was forged by the person presenting the same to the court, or that 
 he presented the same to the court knowing it to be forged, such person 
 shall be deemed guilty of the forgery thereof, and, upon conviction thereof,, 
 shall be confined in the penitentiary not less than one nor more than five 
 years, or at the discretion of the court, he may be fined not less than one 
 hundred dollars, nor more than five hundred dollars, and confined in the 
 county jail not less than three nor more than six months. 
 
 No person shall be eligible to appointment as a commissioner of elec- 
 tions, or in any way to act as such, who has anything of value bet or 
 wagered on the resu^' of such election, or who is a candidate to be voted 
 for at such election. 
 
 If any of the commissioners of election shall fail to appear at the hour 
 appointed for the opening of the polls, the remainder of the commissioners 
 may select a member of his political party to serve in his stead. But if 
 the qualified voters of his party present at the polls shall nominate a voter 
 of his party, qualified to act under the provisions of this section, such 
 nominee shall be appointed. 
 
 If none of the commissioners of election shall appear at the hour ap- 
 pointed for opening the polls, the qualified voters present being at least 
 ten in number, shall elect three commissioners of election to act in their 
 stead, by a viva voce vote, not more than two of whom shall belong to or 
 be elected by the same political party, as herein provided for. 
 
 The commissioners of election acting at any such precinct election shall 
 have power and authority to administer oaths, and to take and certify 
 affidavits in relation to any matter or thing required or permitted to be 
 done by any of the provisions of this act and the making of any such oath 
 or affidavit by any person falsely, shall be perjury, and the party guilty 
 thereof may be indicted, convicted thereof and punished therefor, as in 
 other cases of perjury. 
 
 Poll Clerks. 
 
 8. The commissioners of election of each precinct in their district shall 
 appoint two poll clerks, one from each of the political parties which cast 
 the largest number of votes at the last preceding general election in the 
 State, and who are qualified voters of their district. But if the voters of 
 either of said parties present at the election shall nominate, by viva voce 
 vote a qualified voter of their party to act as poll clerk, such nominee shall 
 
Elections by the People. 
 
 be appointed. And in case a dispute shall arise as to the nomination so 
 made, the commissioner or commissioners of election of the party to which 
 such nominee belongs shall appoint such poll clerk. But no person shall 
 be appointed a commissioner of election or poll clerk who has in his em- 
 ploy, or who as agent or superintendent has under his control or manage- 
 ment, ten employes who are legal voters. 
 
 Poll Books. 
 
 9. The clerk of the county court shall at the expense of the CM)unty, 
 provide, and cause to be delivered to the commissioners of election or one 
 of them of the several precincts, at least three days previous to any elec- 
 tion proper poll books containing one column headed "names of voters" 
 and an additional column headed "number of voters" with the oath of the 
 commissioners of election and poll clerks written or printed thereon or 
 attached thereto, ballot boxes, tally paper, strong and durable envelopes 
 for return and whatever else is necessary for holding the election and 
 making due return thereof. 
 
 10. Every poll book shall bear on the first page thereof the following 
 
 heading: "Names of all persons voting at precinct No. in the district 
 
 of , and county of , this day of , in the year ." 
 
 Two such poll books with the names of all persons voting entered thereon 
 shall be kept at every place of voting. 
 
 Oaths of Election Officers. 
 
 11. Every commissioner of election, so appointed as aforesaid, shall be- 
 fore entering upon the discharge of his duties, take and subscribe an oath 
 to the following effect: 
 
 State of West Yirginia, 
 
 County, ss. 
 
 I, A — B — , do solemnly swear that I will support the constitution of the 
 United States and the constitution of this State; that I will faithfully and 
 impartially discharge the duties of commissioner of election assigned by 
 law; that I will not knowingly permit any person to vote who is not quali- 
 fied, and will not knowingly refuse the vote of any qualified voter, or cause 
 any delay to persons offering to vote further than is necessary to procure 
 satisfactory information of the qualification of such person as a voter; that 
 I have been a resident of the State of West Virginia for one year, and of 
 the county and magisterial district in which I am to act as commissioner 
 of election, for sixty days, next preceding this date; and that I will not dis- 
 close nor communicate to any person how any voter has voted at such elec- 
 tion, nor how any ballot has been folded, marked, printed or stamped; that 
 I have nothing of value bet or wagered upon the result of said election, 
 and am not a candidate at this election. 
 
 So help me God. 
 
 Subscribed and sworn to before me this day of . 
 
 Every poll clerk, so appointed as aforesaid, shall before entering upon 
 
ElecItons by the People. 
 
 the discharge of his duties, take and suhscribe an oath to the following 
 
 effect: 
 
 State of West Virginia, 
 
 Coiinty, ss. 
 
 I, A — B — , do solemnly swear that I will faithfully and honestly dis- 
 charge my duties as clerk of the election now about to be held in precinct 
 No. , in the district of , county of , State of West Vir- 
 ginia, and that I will not disclose nor communicate to any person how any 
 elector voted nor how any ballot was folded, marked, printed or stamped. 
 
 Subscribed and sworn to before me this day of . 
 
 Said oaths may be taken before any person authorized to administer 
 oaths, but if no such person be present at any place of holding an election 
 they may be taken before and administered by any one of the commis- 
 sioners of election so appointed, who in turn may take the same before 
 another of said commissioners. Either of said commissioners may ad- 
 minister the oath to the poll clerk. The said oath shall appear properly 
 certified on one of the poll books of every election. If any such commis- 
 sioner or clerk shall enter upon the discharge of his duties before taking 
 the oath so required of him he shall be guilty of a misdemeanor, and on 
 conviction thereof shall be confined in the county jail not less than sixty 
 days, and fined noi, less than one hundred, nor more than five hundred 
 dollars. 
 
 Ballot Boxes. 
 
 12. The clerk of the county court shall, at the expense of the county,, 
 provide and cause to be delivered to the commissioners of election, or on« 
 of them, of the several precincts in his county, at least three days previous 
 to any election, one ballot box for the reception of ballots for each precinct, 
 each ballot box shall have at least two locks of different kinds and com- 
 binations, so that the key of one will not unlock the other and be other- 
 wise so constructed as to contribute towards the prevention of fraud. 
 
 13. An opening shall be made in the lid of each ballot box sufficient 
 only for a sigle ballot; and at the time the election is opened the commis- 
 sioners of election shall see that there are no ballots in the box before th« 
 voting begins, and shall thereupon securely lock the box and give one key 
 to one of the commissioners who is in politics opposed to the commissioner 
 who holds the other of said keys, and the box shall not be again opened 
 until the polls are closed, and the commissioners ready to proceed with the 
 counting of the ballots. 
 
 When and How Polls Opened and Closed. 
 
 14. At every election the polls shall be opened ou the day of such elec- 
 tion as soon as practicable after sunrise but not before and shall be closed 
 at sunset. 
 
 15. Before any voter is permitted to vote, the commissioners of election 
 shall cause to be proclaimed that such election Is opened. When the pollt 
 are closed proclamation must be made of the fact by one of the commli- 
 
10 Elections by the People. 
 
 sioners of election to the people outside in a loud and audible tone of voice 
 and a minute of such proclamation, and of the time when the same was 
 made, must be entered on the tally paper by the poll clerks, and after such 
 minute has been made, no more votes shall be received. 
 
 Who Entitled to Vote and Where. 
 
 16. The male citizens of the State shall be entitled to vote at all elec- 
 tions held within the precincts of the counties in which they respectively 
 reside; but no person who is a minor or of unsound mind, or a pauper or 
 who is under conviction of treason, felony or bribery in an election or who 
 has not been- a resident of the State for one year and of the county in 
 which he offers to vote for sixty days next preceding such election, and who 
 is not at the time of the election an actual and bona fide resident of the 
 election precinct in which he offers to vote, shall be permitted to vote at 
 such election, while such disability continues; and no person in the mili- 
 tary, marine or naval service of the United States shall be deemed a resi- 
 dent of this State, by reason of his being stationed therein; nor shall any 
 person in the employment of any incorporated company, or of this State, 
 be deemed a resident of any county, or of any election precinct therein, by 
 reason of being employed in said county or election precinct. 
 
 Mode of voting. 
 
 17. In all elections by the people the mode of voting shall be by ballot, 
 but the voter shall be left free to vote by either open, sealed, or secret 
 ballot, as he may elect. Otherwise, the mode and manner of voting shall 
 be as herein prescribed. 
 
 Conventions, Primary Elections and Certificates of Nominations to Pul)lic 
 
 Office. 
 
 18. A' convention within the meaning of this chapter, is an organized 
 assemblage of voters or delegates of any political party, for the purpose of 
 -nominating a candidate or candidates for public office, which, at the last 
 general election before such convention, polled at least three per cent, of 
 the entire vote of the State, or any division or sub-division thereof, for 
 which the nominations are made, or have had nominations on the official 
 iDallot for the State or any division or sub-division thereof, for the last 
 preceding ten years. 
 
 19. A primary election within the meaning of this chapter, is an elec- 
 tion held by voters who are members of any political party for the pur- 
 pose of nominating a candidate or candidates for public office which at the 
 last general election before the convention polled at least three per cent of 
 the entire vote of the State or any division or sub-division thereof, for 
 which they are made. 
 
 20. Any convention or primary election as herein defined, held for the 
 purpose of making nominations for public office, and also electors of presi- 
 dent and vice-president of the United States, to the number herein sped- 
 
ElLECTIONS BY THE PEOPLE. 11 
 
 fled, may nominate candidates for public offices to be filled by election with- 
 in the State. 
 
 21. When a nomination of a candidate for public office is made by any 
 convention, as herein specified, it shall be the duty of the presiding officer 
 and secretary of such convention to certify the same and file the certificate 
 thereof as hereinafter provided. 
 
 22. When a nomination of a candidate for public office is made by any 
 primary election as herein specified, which is to be filled by the voters of 
 the entire county, it shall be the duty of the chairman and secretary of the 
 county executive committee, representing the party for which the nomina- 
 tion is made, to certify the same. If the office is to be filled by the voters 
 of any magisterial district, it shall be the duty of the chairman and secre- 
 tary of the committee of such district, representing the party for which the 
 nomination is made, to certify the same. Said certificates shall be filed as 
 herein provided. 
 
 23. The certificate of nomination shall be in writing. It shall contain 
 the name of the person nominated, his residence, and the office for which 
 he is nominated, and shall designate, in not more than five words, the 
 party, or principle which such nominee shall represent. If the nomina- 
 tion be made by a convention, it shall be signed by the presiding officer and 
 secretary; if made by a primary election for an office to be filled by the 
 voters of the entire county, it shall be signed by the chairman and secre- 
 tary of the county executive committee thereof; and if made by a primary 
 election for an office to be filled by the voters of a magisterial district it 
 shall be signed by the chairman and secretary of the committer thereof; 
 and each person who signs such certificate shall add to his signature his 
 place of residence and address. 
 
 Such certificate may be in the following form, or to the following effect, 
 to-wit : 
 
 State of West Virginia, 
 
 County, ss: 
 
 This is to certify that at a county convention of the (here state the 
 
 name of the party), held at in and for the county of , on 
 
 the day of , in the year , for the purpose of nominating 
 
 candidates for public office, the following nominations were made, to 
 represent said party, to-wit: 
 
 FOR HOUSE OF DELEGATES. 
 
 A B , residence 
 
 FOB SHERIFF. 
 
 C D , residence 
 
 FOR PROSECUTING ATTORNEY. 
 
 E F , residence 
 
 FOR CLERK OF CIRCUIT COURT. 
 
 G H , residence 
 
 FOR CLERK OF COUNTY COURT. 
 
 J K . residence 
 
 (And so on to the end of the nominations for all the county officers to b© 
 -elected. ) 
 
12 Elections by the People. 
 
 In witness whereof we have hereunto set our hands this day of 
 
 , in the year . 
 
 L M , Chairman, 
 
 Residence . Post oflBce address . 
 
 N O , Secretary, Residence 
 
 Post office address . 
 
 24. Candidates for public office may be nominated otherwise than by 
 convention or primary elections. In such case, a certificate shall be signed 
 by voters resident within the State, district or political division for which 
 the candidate is presented, to a number equal to one per cent of the entire 
 vote cast at the last preceding election in the State, circuit, district, county 
 or other division for which the nomination is made. Provided, that the 
 number of signatures so required shall not exceed one thousand nor be 
 less than fifty, and need not be all signed on one certificate. No voter sign- 
 ing such certificate shall be counted unless his residence and post office 
 address be designated. Such certificate shall state the name and residence 
 of each of such candidates; that he is legally qualified to hold such office; 
 that the subscribers desire and are legally qualified to vote for such candi- 
 dates; and may designate, by not more than five words, a brief name of 
 the party or principle which said candidates represent. No person shall 
 join in nominating more than on© nominee for each office to be filled^ 
 otherwise, his name shall be counted for neither nominee. 
 
 Such certificate may be in the following form, or to the following effect, 
 to-wit: 
 State of West Virginia, 
 
 County, ss: 
 
 This is to certify that we, the undersigned voters resident within the 
 
 county of , State of West Virginia, do hereby make the following 
 
 nominations for public office for said county, to-wit: 
 
 FOR HOUSE OF DELEGATES, 
 
 A B , Residence (And so on to the end of the nominations 
 
 so made, as in the preceding form.) 
 
 And we further certify that each of said candidates is legally qualified 
 to hold the oflBce for which he is nominated, and that we desire, and are 
 legally qualified, to vote for said candidates. The name of the party (or 
 
 principle) which said candidates represent is (here state it.) 
 
 Signature, Residence Post Office Address, 
 
 (name of voters.) (describe it.) (name of office.) 
 
 25. Certificates of nomination of candidates for public office shall be 
 certified and filed with the clerk of the circuit court of each county, as 
 follows: For offices to be filled by the voters of the whole state, by the 
 president and secretary of the nominating convention, when one is held or 
 the full names of the candidates so nominated may be certified by the 
 president and secretary, and published in a newspap-er published at the 
 place where the convention is held, or at the seat of government, and a 
 copy thereof may be filed as aforesaid in lieu of the certificate first herein 
 provided for. Certificates of nomination made by voters otherwise than 
 by convention or primary elections, shall be filed by the persons or some of 
 them whose names are signed to the certificate of nomination, and if sucl^ 
 
Elections by the People. 13 
 
 nominations are made by a primary election, the certificates shall be made 
 by the chairman and secretary of the executive committee of the party 
 making the same; and they may be certified and published in a newspaper 
 and copies of each paper may be filed as hereinbefore provided for. Certi- 
 ficates of nomination of candidates for representatives in congress, for 
 judges of circuit or other courts of record, and for State senators, shall be 
 certified and filed by the chairman and secretary of the district 
 executive committee of the party making them, whether they be 
 made by a convention or primary election; and the provisions herein con- 
 tained in regard to the printing of nominations shall apply to all such 
 nominations. Certificates of nomination of candidates for the house of 
 delegates and for all county oflSces, shall be made and filed by the county 
 executive committee of the party making them. Certificates of the nomi- 
 nation of candidates for offices to be filled by the voters of a magisterial 
 district, shall be made and filed by the said magisterial district committee 
 or by the chairman and secretary of the county executive committee. And 
 certificates of nomination for muncipal officers shall be made and filed by 
 a committee of the party making the nominations appointed for the pur- 
 pose, or by the president and secretary of the convention making such 
 nominations. Every such certificate shall be filed with the said clerk, at 
 least twenty days before the day fixed by law for the election of the per- 
 sons nominated. 
 
 26. State, congressional, judicial, senatorial, district and county execu- 
 tive committees shall be appointed by each political party making nomina- 
 tions of candidates for office, and it shall be the duty of the committees so 
 appointed to do and perform the duties required of them by this chapter. 
 
 27. In case it shall appear to the clerk of the circuit court of any county 
 by satisfactory evidence that nominations have been made in conformity 
 with the provisions of this chapter, and no certificate thereof has been 
 received by him, he shaH include such nominations among the names of 
 candidates to be printed upon the ballots as hereinafter provided. 
 
 28. The certificates of nominations so filed in the office of the clerk of 
 the circuit court shall be preserved therein by him until ten days after the 
 next succeeding election, when he may destroy the same. 
 
 Caucus, Primary Election, or Public Meeting to Nominate Candidates for 
 Office, Select Delegates, or Appoint 
 Committee. — Calling. — Notice. 
 
 28a. Any caucus, primary election, or public meeting of the qualified 
 voters of any city, town, county, district, or ward of a city, or of any 
 special party or portion of such voters, for the nomination of candidates 
 to be supported at any state, municipal, county, district or ward election, 
 or for the selection of delegates to any political convention, or for the 
 appointment of any political committee, may be called by a written or 
 printed notice, specifying that the same is to be held in accordance with 
 the provisions of this act; and the provisions thereof shall apply to the 
 conduct and proceedings of any such caucus, primary election or meeting. 
 
14 Elections by the People. 
 
 Vacancies in Nominations — How Filled. 
 
 29. In case of a vacancy in a nomination by death, resignation or other- 
 wise, it may be filled and certified in the same manner as originally made 
 and certified; but if such vacancy be not so' filled within twenty days by 
 the voters of the entire State, or within ten days next preceding an eler* 
 tion for any other office, if said committee fail or refuse to meet, it shall 
 be lawful for the chairman of the committee of the party, of which said 
 candidate was a member, for the state, circuit, county, district or other 
 political division in which such vacancy occurs to fill such vacancy by 
 nomination, make a certificate thereof and file the same with the same 
 oflScer with whom the original certificate of nomination was, should, or 
 might have been legally filed; and it shall be the duty of the officer with 
 whom such certificate is filed to receive and proceed with the same, in all 
 respects, as an original nomination. 
 
 If such nomination to fill such vacancy be not so made and certified to 
 the clerk of circuit court 'before the printing of the ballots herein pro- 
 vided for, it shall be lawful for the chairman of said State, circuit, county, 
 district, or other political division committee to provide the commissioners 
 of election of each precinct, in which such candidate is to be voted for, 
 with a number of pasters containing only the name of such candidate, at 
 least equal to the number of ballots provided for each precinct, but no 
 pasters shall be given to or received by any person except such commis- 
 sioners of election, and it shall be the duty of the commissioners of elec- 
 tion to deliver such pasters to the polling clerks, who shall, in the presence 
 of the said commissioners, put one of such pasters in a careful and proper 
 manner, and in the proper place, on each ballot, before said polling clerks 
 shall sign their names thereon. 
 
 Publication of Nominations. 
 
 30. At least ten days before an election to fill any public office, at 
 which the voters of any county are entitled to vote, the clerk of the circuit 
 court of such county shall cause to be published in two newspapers, if such 
 there be published within the county, representing the political parties 
 which at the last preceding general election cast the largest number of 
 votes in the State or if there be only one newspaper published therein, 
 then, in such newspaper, the nominations for office certified to him and 
 filed In his office, excepting nominations for office to be filled by the voters 
 of any sub-division less than a county. 
 
 He shall make no less than two publications in each of such newspapers 
 before the election, one of which, in each newspaper, shall be upon the last 
 day upon which such newspaper is issued before the election. If there be 
 no newspaper published in the county, the clerk of the circuit court shall 
 at least ten days before the election, cause to be posted in his office and at 
 some public place in each voting precinct in the county, a printed notice of 
 the nominations for office certified to and filed by him as aforesaid. When- 
 ever it shall appear by affidavit that an error or omission has occurred in 
 the publication of the names or description of candidates nominated for 
 
Elections by the People. . 15 
 
 public oflace or in printing the ballots, the board of ballot commissioners 
 shall correct such error. Provided, That nothing in this chapter contained 
 shall be taken or construed to prohibit or prevent any person from running 
 as an independent candidate for any office to be filled, and to have all legal 
 votes cast at any election for such independent candidate counted, allowed 
 and certified, with like effect as other votes, 
 
 31. The list of nominations published and posted by the clerks of the 
 circuit court of the respective counties, shall be arranged in the order and 
 form in which they will be printed upon the ballots. 
 
 Board of Ballot Commissioners. 
 
 32. In each county of the State, the clerk of the circuit court and two 
 persons by him appointed, one from each of the two political parties which 
 cast the largest number of votes in the State, at the last preceding general 
 election, shall constitute a board of ballot commissioners, of which board 
 the said clerk shall be chairman. It shall be the duty of such chairman to 
 notify the chairman of the respective county executive committees of said 
 two parties at least five days before making said appointments, of the time 
 and place of making the same, and if at any time after said notice is 
 given, and before or on the day so fixed for making said appointments, the 
 chairman of eit' }r of said committees shall designate in writing, a member 
 of such party as ballot commissioner, having the qualifications of a voter, 
 he shall be appointed. 
 
 Preparation and Distribution of Ballots. 
 
 33. Excepting municipal elections. It shall be the duty of the board of 
 ballot commissioners for each county to provide printed ballots for every 
 election for public officers in which the voters or any of the voters within 
 the county participate, and cause to be printed, on the appropriate ballot, 
 the name of every candidate whose name has been certified to or filed with 
 the clerk of the circuit court for the county in the manner provided for In 
 this chapter. 
 
 The printing of the ballots, and all other printing caused to be done by 
 the board of ballot commissioners, shall be contracted for with the lowest 
 responsible bidder. Ballots other than those caused to be printed by the 
 respective boards of ballot commissioners according to. the provisions of 
 this chapter, shall not be cast, received nor counted In any election. 
 
 34. All ballots prepared under the provisions of this chapter shall be 
 printed in black ink on number two white book paper sufficiently thick 
 that the printing cannot be distinguished from the back, and shall contain 
 the names of every candidate whose nomination for any office to be voted 
 for at the election has been certified and filed according to law, and no 
 others. 
 
 The tickets, except the headings, which shall be in display type, shall be 
 printed from brevier type, the name or designation of the office and the 
 residence of the candidate in lower case letters, and the name of the candi- 
 date In capital letters. The name and residence of the candidate may be 
 
16 Elections by the People. 
 
 printed in the same line. The name of each candidate shall be printed in 
 a space defined by ruled lines, and with a blank square on its left inclosed 
 by heavy dark lines. If, upon any ticket, there be no candidate or candi- 
 dates for a designated office, a blank space equal to the space that would 
 be occupied by such name or names, if they were printed thereon, with the 
 blank space herein provided for, shall be left. The heading of each party 
 ticket, including the name of the party and the device above and the large 
 circle between the device and such name, shall be separated from the rest 
 of the ticket by a heavy line; and the circle above the name of the party 
 in which the voter is to place the cross mark, if he desires to vote the 
 straight ticket, shall be defined by heavier lines than the lines defining the 
 blank spaces before the names of candidates, and such circles shall be sur- 
 rounded by the following words printed in heavy face nonpareil type: 
 "For a straight ticket mark within this circle." Each party ticket shall 
 be separated from other party tickets and bordered on either side by a 
 heavy border or a broad solid line, at least one-eighth of an inch wide, and 
 the edges of the ballot on either side trimmed off up to one-half inch of 
 the borders or solid line described. 
 
 The names of the candidates shall be arranged on the ballot in tickets 
 or lists in separate columns under the respective party or political or other 
 designation certified, each column or ticket containing the names of candi- 
 dates nominated by the same political party and no others. In elections 
 for presidential electors the names of the candidates for president and 
 rice-president of the United States shall be placed on the ticket immediate- 
 ly following the name of the party, and preceding the names of the presi- 
 dential electors, and shall be certified to the clerks of the circuit courts 
 by the chairman and secretary of the state executive committee of the 
 political party making the nomination. The names of the candidates on 
 each ticket shall be arranged in groups, with a heading over each group 
 printed in heavy faced brevier type to indicate the political division in 
 which such group is to be voted for. The arrangement of the ballot shall 
 conform as nearly as practicable to the plan here given: 
 
Elections by the People. 
 
 17 
 
 Device. 
 
 Device. 
 
 Device. 
 
 o 
 
 o 
 
 o 
 
 Repnblican Ticket 
 
 Democratic Ticket 
 
 Prohibition Ticket 
 
 
 For Governor, 
 Name. 
 
 
 For Governor, 
 'Name. 
 
 • 
 
 For Governor, 
 Name. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 » 
 
 
 
18 Elections by the Peopled 
 
 The tickets of the several political parties shall be printed on the ballot 
 in parallel columns, each ticket in a separate column headed by the chosen 
 device, and the tickets in such order on the ballot, and the names of the 
 offices in such order on the ticket, as the secretary of state shall direct, 
 preference, however, being given to the political party which cast the high- 
 est number of votes for the head of the ticket at the last preceding presi- 
 dential election, and so on. No ticket or list of candidates shall be printed 
 under the name of any party containing more candidates for any office 
 than are to be elected. 
 
 The ballots shall be so printed as to give each voter a clear opportunity 
 to designate by a cross mark in a large blank circular space three-quarters 
 of an inch in diameter below the device and above the name of the party at 
 the head of the ticket or list of candidates, his choice of a party ticket and 
 desire to vote for each and every candidate thereon and by a cross mark 
 in a blank inclosed space on the left and before the name of each candi- 
 date, his choice of particular candidates. 
 
 On the back of the ballot shall be printed or stamped in black ink the 
 words "Official Ballot," with the date of the election, and underneath shall 
 be two blank lines, followed by the words "Poll Clerks." On one of these 
 lines each poll clerk shall personally write his name in ink. 
 
 Indorsement by Poll Clerks. — The clause in this section relating to indorsement of 
 election ballots by poll clerks is directory in so far as it provides that the signatures 
 shall be on the lines provided therefor, under the printed words "Poll Clerks," and 
 in ink, but mandatory in so far as it requires the signatures to be in the handwriting 
 of the poll clerks. — (64 W. Va., 499.) 
 
 The state executive committee of each political party shall adopt a party 
 device or emblem for its party, to be printed at the head of its ticket on 
 the ballot, and shall certify the same to the clerk of the circuit court of 
 €ach county at least sixty days before any election; and the device shall 
 remain the same until changed and certified as aforesaid. No two parties 
 shall adopt the same device, or so near the same as likely to lead to con- 
 fusion; and in such case the preference shall be given to the party casting 
 the highest number of votes for the head of the ticket at the last preceding 
 presidential election. When a ticket or person is nominated by petition, 
 the petition shall show the device adopted by the petitioners. 
 
 Marking Ballot and Voting Same. 
 
 In preparing his ballot the voter shall use a black lead pencil and ob- 
 serve the following rules: 
 
 First, If the voter desires to vote a straight ticket, or in other words 
 for each and every candidate of one party for whatever office nominated, 
 he shall either: 
 
 (a) Make a cross mark in the circular space below the device and 
 above the name of the party at the head of the ticket; or 
 
 (h) Make a cross mark on the left and opposite the name of each and 
 every candidate of such party in the blank space provided therefor; or 
 
 (c) Mark out, by lines through all the tickets in the ballot, other than 
 the ticket he desires to vote. 
 
Eli:ctions by the People. 19 
 
 Second. If the voter desires to vote a mixed ticket, or in other words 
 lor candidates of different parties, he shall either: 
 
 (a) Omit making a cross in the circular space above the name of the 
 party, and make a cross mark in the blank space before the name of each 
 candidate for whom he desires to vote on whatever ticket the name may 
 T)e; or 
 
 (b) Make a cross mark in the circular space above the name of the 
 party for some of whose candidates he desires to vote, and then make a 
 cross mark before the name of any candidate of any other party for whom he 
 may desire to vote; in which case the cross mark in the circular space 
 above the name of the party will cast his vote for every candidate on the 
 ticket of such party, except for offices for which candidates are marked 
 on other party tickets, and the cross mark before the names of such candi- 
 dates will cast his vote for them; or 
 
 (c) Write with black lead pencil the name of person for whom he 
 desires to vote, in the space immediately below the names of the opposing 
 candidate for the same office, on the ticket voted by him, and the name so 
 w^ritten shall be counted. 
 
 If, in the marking, either a straight or mixed ticket as above defined, a 
 cross mark is made ui the circular space above the name of a party at the 
 head of the ticket, and also one or more cross marks made before the name 
 or names of candidates on the same ticket for offices for which candidates 
 on other party tickets are not individually marked, such marks before the 
 uames of candidates on the ticket so marked, shall be treated as surplusage 
 and ignored; and the ballot be counted for all the candidates on the ticket 
 thus marked for offices for which no candidate on other tickets are marked. 
 
 If the voter desires to vote for any person whose name does not appear 
 on the ticket he can substitute the name by writing it with black lead 
 pencil in the proper place, and making a cross mark in the blank space 
 at the left of the name so written. 
 
 If the voter mark more names than there are persons to be elected to an 
 office, or if, for any reason, it is impossible to determine the voter's choice 
 for an office, to be filled, his ballot shall not be counted for such office. 
 
 No ballot shall be rejected for any technical error which does not make 
 it impossible to determine the voter's choice. 
 
 35. If the printer of such ballots, or any person employed in printing 
 the same, shall give or deliver, or knowingly permit to be taken any of 
 said ballots, by any person other than a member of the board of ballot 
 commissioners, for whom such ballots are being printed, or shall print, or 
 cause, or permit, to be printed, any ballot in any other form than the one 
 prescribed by this chapter, or with any other names thereon, or with the 
 names spelled, or the names thereon arranged, in any other way than that 
 authorized and directed by the said board of ballot commissioners, he shall 
 be guilty of felony, and on conviction thereof, shall be imprisoned in the 
 State penitentiary not less than three nor more than ten years. 
 
 36. The board of ballot commissioners shall, for the general election to 
 l)e held in their county in the year one thousand eight hundred and ninety- 
 two, have printed three ballots for each voter in their county, as shown by 
 
20 Elections by the People. 
 
 the votes cast therein at the election held in one thousand eight hundred 
 and ninety, or one thousand eight hundred and eighty-eight, at whichever 
 of said elections the largest number of votes were cast. And thereafter, 
 they shall have printed a like number of ballots for each vote cast Iel 
 their county at the last preceding general election held therein. The bal- 
 lots so printed shall be wrapped and tied in packages, one for each place 
 of voting in the county in the year one thousand eight hundred and ninety- 
 two, containing three ballots for the estimated number of votes to be cast, 
 at each of said places, and thereafter containing three ballots for each 
 vote cast at said place of voting at the last preceding general election held 
 thereat. Each package of ballots shall be sealed with wax, and plainly 
 marked with the number of ballots therein," the name of the magisterial 
 district, and the number of voting place therein, to which it is intended to 
 be sent. The name of the ballot commissioner shall also be endorsed 
 thereon. On the back of each sheet of paper on which the ballots are 
 printed as aforesaid, and as near the center thereof as may be, shall be 
 printed the words "poll clerks," and under them each poll clerk shall 
 write his name before the ballot is delivered to the voter. And the sheet 
 containing said ballots shall be so folded as to show the words "poll 
 clerk," and the signatures of said clerks written thereon, before depositing 
 the same in the ballot box. 
 
 37. It shall be the duty of one of the commissioners of election ap- 
 pointed for each place of voting in their county, to be designated by them, 
 in writing, to attend at the office of the clerk of the circuit and county 
 court of his county, not more than four nor less than two days before each 
 election, to receive the ballots for the place of voting at which he is ap- 
 pointed to act, and the said clerk shall deliver to him the sealed package 
 of ballots provided for his precinct by the said board and take from him a 
 receipt for the same, which shall be filed in the office of the clerk of the 
 circuit court; and the clerk of the county court if he has not already done 
 so, shall deliver to him one of the ballot boxes and other things mentioned' 
 in section nine of this chapter, and take from him a receipt for the same, 
 which shall be filed in his office. The ballot box shall be returned by said 
 commissioner, after the election, to the clerk of the county court and pre- 
 served in his office. 
 
 38. If any member of the board of ballot commissioners shall give or 
 deliver to any other person any of said ballots or shall knowingly permit 
 any of them to be taken away, except as herein provided, be, or they, shall 
 be guilty of a felony, and on conviction thereof shall be punished by im- 
 prisonment in the penitentiary for not less than one nor more than five 
 years. 
 
 39. Any person who shall unlawfully take or remove, with or without 
 the consent of the lawful custodian thereof, any such ballot from the place 
 at which said ballots are lawfully kept for the time being, every such per- 
 son shall be guilty of a felony and upon conviction thereof be confined In 
 the penitentiary not less than one nor more than five years. 
 
 40. In case any commissioner of election shall fail to appear at the office 
 of the clerk of the circuit and county court of his county by the- 
 close of the second day prior to any election as required by section thirty- 
 
Elections by the People. 21 
 
 seven of this chapter, the board of ballot commissioners or the chairman 
 thereof shall forthwith dispatch a special messenger to his precinct with 
 the ballots for such precinct. Such messenger shall be allowed two dol- 
 lars for his time and five cents per mile for the distance necessarily- 
 traveled by him, and shall promptly report to the clerk of the circuit 
 court and file with him the receipt of the person to whom he delivered 
 «uch ballots, and his affidavit, stating when and to whom he delivered such 
 ballots; and the commissioners of election so failing shall receive no 
 compensation for his services at such election. 
 
 41. Any commissioner of election who shall wilfully or negligently fail 
 to appear at the office of the clerk of the circuit court or county courts of 
 his county, as herein provided, shall be guilty of a misdemeanor, and on 
 conviction thereof, shall be fined not less than ten dollars, nor more than 
 one hundred dollars, and shall thereafter he incompetent to serve as a 
 member of such board. 
 
 42. If by an accident or casualty, the ballots or ballot box delivered 
 to a commissioner of election, or to any messenger, shall be lost or destroy- 
 ed, it shall be the duty of such commissioner or messenger to report the 
 loss forthwith to th'> board of ballot commissioners, and clerk of the county 
 court from whom the same were or was obtained and make affidavit of 
 the circumstances of the loss; whereupon such board and clerk shall at 
 once send a new supply by special messenger, as provided in other cases. 
 In case, for any reason there should be found no ballots, or ballot box, or 
 other necessary means or contrivances for voting, at the opening of the 
 polls, it shall be the duty of the commissioners of election to secure the 
 same as speedily as possible, and, if necessary, such board may have bal- 
 lots printed or written, or a ballot box made; provided, however, that 
 such ballots shall conform as nearly as possible to the genuine ballots, and 
 the printing or writing, and the care of the same, and of said ballot box, 
 shall be under the same provisions and penalties as the printing and care 
 of the other ballots, and other ballot boxes, prescribed in this act. 
 
 43. The various boards of ballot commissioners, or the chairman thereof, 
 shall preserve the ballots that are left over in their hands, after supplying 
 the precincts as hereinbefore provided, until the close of the polls on the 
 day of election, and said ballots shall then be destroyed by said board or 
 the chairman thereof by fire or otherwise; and for failure to do so, the said 
 commissioner or chairman shall be guilty of a misdemeanor, and fined 
 not less than fifty nor more than one hundred dollars. 
 
 Card of Instructions to Voters. 
 
 44. The board of ballot commissioners of each county shall cause to be 
 printed in large, clear type, on cards, instructions for the guidance of 
 electors in preparing their ballots. They shall furnish twelve of such 
 cards to the commissioners of election at the same time they delirer to 
 him the ballots for his precinct. The commissioners shall cause to b» 
 posted one of said cards in each place or compartment prorided for th« 
 preparation of the ballots, and the others in and about the polling place, 
 and one or more of the cards outside of the sixty-foot line provided for in 
 
22 Elections by the People. 
 
 this chapter, upon the day of election. Said cards shall contain full instruc- 
 tions to the voters as to what shall be done: (1) to obtain ballots for 
 voting; (2) to prepare the ballots for deposit in the ballot boxes; (3) 
 to obtain a new ballot in place of one accidentally spoiled; also, a copy 
 of sections fifty, sixty-two, seventy-six, seventy-nine, eighty-one and 
 eighty-two of this act. Said ballot commissioners shall also cause to be 
 printed on colored paper ten or more copies of the ballots provided for 
 each voting place at each election therein, which shall be called specimen 
 ballots, and shall be furnished and posted with the cards of instruction 
 for each voting place, and marked so as to indicate the manner of marking 
 those not voted. 
 
 Election Rooms, Shelves or Tables and Compartments. 
 
 45. The county court in each county, before each election, shall secure^ 
 In each voting precinct in the county, a suitable room or building in 
 which to hold the election, and shall cause the same to be suitably pro- 
 vided with a sufficient number of booths or compartments, each containing 
 a table, counter or shelf, and furnished with proper supplies for preparing 
 the ballots, at or in which voters may conveniently prepare their ballots,, 
 so that in the preparation thereof they may be secured from the observation 
 of others, and a guard rail shall be so constructed and placed about said 
 building that only such persons as are inside said rail can approach within 
 five feet of the ballot boxes while the votes are being taken, and no person 
 either Inside or outside of said guard rail shall approach nearer than five 
 feet to any booth or compartment while the election is being held except 
 the voters to prepare their ballots, or the poll clerks when called on by a 
 voter to assist in the preparation of his ballot. The number of such booths 
 or compartments shall not be less than two nor more than five, and no per- 
 son other than election officers and voters engaged in receiving, preparing 
 or depositing their ballots, shall be permitted to be within said rail, except 
 by authority of the commissioners of election for the purpose of keeping 
 order and enforcing the law. 
 
 Prevention of Disorder at the Polls. 
 
 46. The judges of election shall preserve order at, and in the vicinity of 
 the polls, and keep the way to the polls open and free from obstruction, 
 and may direct disorderly persons to be removed therefrom, and, if neces- 
 sary and proper, to be taken and held in custody until sunrise of the next 
 day, or for any shorter time, which may be done by any sheriff or constable 
 or other person or i>ersons designated by the commissioners of election, 
 and for such purpose no warrant nor authority in writing shall be neces- 
 sary; and the jail of the county or other place designated by the commis- 
 sioners of election, may be used as the place of custody; but any person 
 so arrested shall have an opportunity to vote, if he be entitled to do so. 
 before he shall be committed to jail, if he so desire, and shall be prepared 
 to do so promptly, 
 
 47. Any person offending against the provisions of the next preceding 
 section shall, notwithstanding his having been in custody, as aforesaid, be 
 liable to any penalty or punishment for his offense, prescribed by law; and 
 
Ejlections by the People. 23 
 
 any person who, being thereto commanded by the commissioners of elec- 
 tion, or either of them, either verbally or in writing shall fail or refuse to 
 assist to the utmost of his power, in whatever may be necessary or proper 
 to prevent intimidation, disorder or violence at the polls, shall forfeit noi 
 less than one hundred or more than five hundred dollars. 
 
 Challengers. 
 
 48. The county executive committees, or the chairman thereof, of the 
 two political parties which cast the largest number of votes in the State 
 at the last preceding general election, may appoint a challenger, who 
 must be a qualified voter in the election precinct for which he is appointed, 
 and who shall be entitled to remain in the election room from the opening 
 of the polls until the counting, ascertainment and declaration of the result. 
 If such appointment be not so made, or being made said challenger be not 
 present at the opening of the polls, the voters present, of said parties, 
 respectively, may make such appointment. 
 
 Every challenger so appointed as aforesaid, shall before entering upon 
 the discharge of his duties take and subscribe an oath to the following 
 effect: 
 State of Virginia, 
 
 Count'!/, ss. 
 
 r, A , B , do solemnly swear that I will faithfully 
 
 and honestly discharge my duties as challenger of the election now about 
 
 to be held in precinct No. in the district of 
 
 County of , State of West Virginia, and that I will not disclose nor 
 
 communicate to any person how any elector voted nor how any ballot was 
 folded, marked, printed or stamped. 
 
 Subscribed and sworn to before me, this day of , 
 
 Appointment and Pay of Challetigers — Duty of County Court. 
 Acts of 1905 defining "Duty of the Clerk of the County Court," says: 
 "and challengers of election shall be appointed by the county court upon 
 the nomination of the respective county chairmen of the two leading 
 parties and paid the same as commissioners of election but for one day 
 only." 
 Part of Sec. 93, of Chap. 43, Acts 1905. 
 
 NOTE. — The West Virs:inia Annotated Code 1909 compiled by the 
 West Publishing Company includes the above section, relating 
 to challengers, among the sections repealed by Chapter 19, of th# 
 Acts of 1908, Ex. Session, as inconsistent therewith. 
 (See Annotated Code 1909, Pg. 17.) 
 
 The editor of this reprint fails to find sufficient authority for such 
 an interpretation and therefore includes it in this compilation of laws 
 relating to elections. 
 
 49. If any person offering to vote shall be challenged by one of such 
 challengers, or by any commissioner of election, he shall stand aside 
 and not be entitled to vote, unless he makes affidavit in writing before one 
 of the commissioners of election that he is a qualified and legal voter of 
 the precinct, and in such affidavit, sets forth his name, age, residence, oc- 
 cupation, place or places of residence during the twelve months next prior 
 to the election, with the date of any removal within that time, and the 
 
24 Elections by the People. 
 
 names of two persons, who have personal knowledge of his residence 
 within the county sixty days next preceding the election. Forms of aflR- 
 davits to be used in such cases shall be prepared and printed under the 
 direction of the board of ballot commissioners and distributed to the 
 several places of voting at the same time the ballots, poll books, etc., are 
 sent to said places. 
 
 Persons Accused of Illegal Voting. 
 
 50. If at any time during the election any qualified voter shall make 
 affidavit before a commissioner of election, that any person who has voted 
 is an illegal voter in such precinct, the person accused shall at once be 
 arrested by any constable or other person designated by the election com- 
 missioners to make the arrest, and by him delivered to the civil authorities. 
 Any person desiring to make such affidavit shall be admitted to the elec- 
 tion room for that purpose. Immediately after the close of the election, 
 the commissioners of election shall deliver such affidavit to some justice 
 of the peace in the magisterial district, who ihall proceed thereon as if 
 the affidavit had been made before him. 
 
 51. Whoever shall knowingly, or wilfully, make false affidavit, under 
 any of the provisions of this chapter, shall be deemed guilty of perjury, 
 and on conviction thereof shall be confined in the penitentiary not less 
 than one nor more than three years. 
 
 Time Must Be Alloived Employes to Vote. 
 
 52. Every person entitled to vote at any general, national, state or 
 county election, who may be employed by another on the day on which such 
 ©lection shall be held in this State, shall be given some period of four 
 hours, or more if necessary, between the opening and the closing of th« 
 polls, on said day, for the purpose of enabling such person to repair to 
 his place of voting to cast his vote and return; and any circuit court, or 
 the judge thereof in vacation, may enforce the provisions of this section 
 by mandate, or otherwise, upon the application of any voter. Every 
 officer of any corporation, owner, superintendent, overseers, foreman or 
 other person, who employs or permits to be employed any person against 
 his will, in violation of this section, shall be guilty of a misdemeanor and 
 fined not less than fifty, nor more than five hundred dollars. 
 
 Conducting the Election. 
 
 53. Not more than one voter for each compartment mentioned in sec- 
 tion forty-five of this chapter shall be allowed in the election room at ons 
 time, and no person other than election officers, challengers and voters 
 engaged in receiving, preparing and depositing their ballots, shall be per- 
 mitted to be within the rail except by authority of the board of election 
 judges, for the purpose of keeping order and enforcing the law. 
 
 54. No person, excepting the election officers, challengers and voters 
 while going to the election room to vote and returning therefrom, shall 
 
Elections by the People. 25 
 
 be or remain within sixty feet of said room; but this section shall not 
 apply to persons living or carrying on business within that distance of the 
 election room, in the discharge of their legitimate business, or to persons 
 whose business requires them to pass and repass within sixty feet of such 
 room. 
 
 55. At or before the opening of the polls, the commissioners of election 
 shall open the package of ballots in such a manner as to preserve the seals 
 intact, and then deliver all of the ballots to the poll clerks. 
 
 56. On any day of election of public officers in any election precinct, 
 each qualified voter shall be entitled to receive from the poll clerk one 
 ballot. On entering the election room the voter shall give his name and 
 residence to one of the poll clerks, who shall thereupon announce the same 
 in a loud and distinct tone of voice. The poll clerk shall then deliver to 
 him one, and only one, ballot, except as herein otherwise provided. 
 
 57. On receipt of the ballot, the voter shall forthwith, and without 
 leaving the enclosed space, retire alone to one of the booths or compart- 
 ments provided for the purpose, and shall prepare his ballot, as provided in 
 section thirty-four of this chapter. After preparing his ballot, the voter shall 
 fold the same so that the face thereof shall not be exposed, and so that the 
 names of the poll clerks thereon shall be seen, unless he elect to vote 
 openly. When the voter has prepared his ballot he shall then vote forth- 
 with, and before leaving the polling place. He shall give his name and 
 present his ballot to one of the commissioners of election, who shall pro- 
 claim in a loud and distinct tone, the name of the person offering to vote, 
 and hand the ballot to another of said commissioners of election- of a dif- 
 ferent political party than his own, an^d if a majority of said board are 
 satisfied that the ballot is single, and that the person is entitled to vote 
 at the said election, one of the said commissioners of election shall deposit 
 the ballot in the ballot box, and the poll clerks shall enter the name of 
 the voter on the poll-books numbering the voters in the order in which 
 they vote. The commissioners of election may inspect every ballot, before 
 it is deposited in the ballot box, to ascertain whether it is single, but 
 without unfolding or unrolling it so as to disclose its contents. When 
 the voter has voted, he shall retire immediately from the election room 
 and beyond the sixty feet limit thereof. 
 
 58. Not more than one person shall be permitted to occupy any booth 
 or compartment at one time and no person shall remain in or occupy a 
 booth or compartment longer than may be necessary to prepare his ballot, 
 and in no event longer than five minutes. No voter, or person offering to 
 vote, shall hold any conversation or communication with any other person 
 than the poll clerks or commissioners of election, while in the election 
 room. 
 
 59. Any voter who shall spoil, deface or mutilate the ballot delivered to 
 him, may on returning the same to the poll clerks, receive another in place 
 thereof. Every person who does not vote any ballot delivered to him, shall 
 before leaving the election room return such ballot to the poll clerks. 
 When a spoiled or defaced ballot is returned, the poll clerks shall make 
 a minute of the fact on the poll list, at the time, and such ballot shall 
 
26 Elections by the People. 
 
 then be destroyed by them in the presence of the commissioners of 
 election. 
 
 60. Any voter who declares or indicates to the poll clerks that he 
 cannot read or write, or that by reason of physical disability he is unable 
 to prepare his ballot, may declare his choice of candidates to the poll 
 clerks, who in the presence of the voter and in the presence of each other, 
 shall prepare his ballot for voting in the manner hereinbefore provided, and 
 on request, shall read over to such voter the names of the candidates on 
 the ballot as so prepared; or such voter may require the poll clerks to 
 indicate to him the relative position of the names of the candidates on 
 the ballot, whereupon the voter shall retire to one of the booths or com- 
 partments, to prepare his ballot in the manner hereinbefore provided. Any 
 poll clerk who shall deceive any voter in selecting or preparing any ballot, 
 or prepare the same in any other way than as requested by said voter, 
 shall be guilty of a felony, and on conviction thereof, shall be imprisoned 
 in the penitentiary for not less than two nor more than five years. 
 
 61. No commissioner of election shall deposit in the ballot box any 
 ballot upon which the names of the poll clerks as hereinbefore provided 
 for, do not appear. 
 
 62. Any person who shall remove or attempt to remove a ballot from 
 the election room, or having in his possession outside the election room 
 any ballot, either genuine or counterfeit, during the election, shall be 
 guilty of felony, and on conviction thereof, shall be imprisoned in the peni- 
 tentiary not less than two nor more than five years. 
 
 Ascertaining the Result at the Several Election Precincts. 
 
 63. When the polls are closed the commissioners of election and poll 
 clerks shall proceed to ascertain the result of the election in the manner 
 hereinafter specified, and shall not adjourn nor delay, until the votes are all 
 counted, the result pscertained, the memorandum made, and copies thereof 
 delivered and posted as hereinafter required. 
 
 64. Immediately on closing the polls, the commissioners of election 
 shall count all the ballots remaining not voted, record the number of the 
 same on the tally sheets, and destroy all of such ballots, by immediately 
 consuming them by fire or otherwise. 
 
 Counting Names — Opening BaVot Box. 
 
 65. The names entered on the poll books shall then be counted by the 
 commissioners and clerks, and the number thereof be set down in words 
 at length and also in figures, at the foot of the lists, which shall then be 
 signed by the commissioners and clerks; and +he ballot box shall men 
 be opened, and one of the commissioners taking therefrom one ballot at 
 a time, in the presence of all the other officers, shall read therefrom the 
 designations of the offices to be filled, and the names of the persons voted 
 for, for each office, and hand the ballot to another of said commissioners, 
 differing in politics from himself, who if satisfied that it was correctly 
 read shall string it on a thread. The contents of the ballots as they are 
 
Elections by the People. 27 
 
 read, shall be entered by the poll clerks, under the supervision of the 
 commissioners, on tally papers for the purpose, by suitable marks in 
 ink, made opposite to or under the name of each person voted for, so 
 as to show the number of votes received by every person, for any office 
 to be filled The ballots shall be counted as they are strung upon the 
 thread, and whenever the number counted shall be equal to the number 
 of votes entered upon the poll-books, the excess, if any, remaining in the 
 ballot box, shall immediately be destroyed by fire or otherwise, without 
 unfolding or unrolling the same, or allowing any one to examine or know 
 the contents thereof. 
 
 Certain Ballots Not to he Counted. 
 
 66. If two or more ballots be found folded or rolled together and the 
 names thereon, be the same, one of them only shall be counted, but if the 
 names thereon be different, in any particular, neither of them shall be 
 counted except as hereinbefore provided, and, in either case the commis- 
 sioners of election shall, in writing, in ink, place a common number on 
 said ballots and state thereon that they were folded or rolled together 
 when voted. If any ballot be found to contain more than the proper 
 number of names for any office, such ballot shall not be counted as to 
 such office. In any election for senator, if a person be voted for on any 
 ballot who is not a resident of the proper county, as required by the fourth 
 section of the sixth article of the constitution, such ballot shall not be 
 counted for said office. Any ballot which is not endorsed with the names of 
 poll clerks, as provided in this chapter, shall be void and shall not be count- 
 ed ; and any ballot, or part of a ballot, from which it is impossible to deter- 
 mine the elector's choice of candidates, shall not be counted as to the 
 candidate or candidates affected thereby. On completing the count and 
 recording the same on tally sheets, the commissioners of election shall 
 immediately make a memorandum of the total vote cast for each candi- 
 date, deliver a copy thereof to each member of such board, and post a 
 copy thereof on the front door of the polling room, and transmit a copy 
 thereof to the clerk of the county court, who shall post the same in his 
 office for public inspection. 
 
 Precinct Returns of Election Results. 
 
 67. As soon as the results are ascertained, the commissioners of elec- 
 tion, or a majority of them, at each place of voting, shall make out and 
 sign two certificates thereof, in the following form or to the following 
 effect: "We, the undersigned, who acted as commissioners of the election 
 
 held at precinct No. , in the district of , and county of , on the 
 
 (Jay of , do certify that, having been first duly sworn, we hare fairly 
 
 and impartially held the said election according to law, and the result 
 
 thereof is as follows: For the office of (here designate the 
 
 office, as for example, 'delegate for the county of Barbour,' or 'Senator 
 for the first senatorial district,' 'Judge for the first circuit,' 'Representa- 
 tive in the congress of the United States for the first congressional die- 
 
28 Elections by the People. 
 
 trict,' 'Grovernor of the state,' 'Judge of the supreme court of appeals,' 
 •Justice of the peace of said district,' and so forth as the case may be.) 
 A. B. received — votes, C. D.— votes, E. F. — votes," and so on throughout, 
 stating according to the truth, the full name of every person voted for, 
 for every office, and in words at length, and also in figures, the number of 
 votes he received for same; and concluding as follows: Given under our 
 
 hands this day of ." The said two certificates shall contain 
 
 complete returns of the polls, taken at the said place of voting for every 
 office to be filled. When the said certificates are signed, the ballots shall 
 be enclosed by the commissioners in an envelope, which they shall seal 
 up, and write their names in ink across the place or places where it is 
 sealed and endorse in ink on the outside of the said envelope as follows: 
 
 "Ballots of the election held at precinct No. ; in the district of , 
 
 and county of the day of ." One of the commissioners of 
 
 the election shall, within three days (excluding Sunday), after the day 
 on which the election was held, deliver the ballots so sealed up, one set 
 of the poll-books and tally sheets and one of said certificates to the clerk 
 of the county court and the other certificate, and set of poll-books and 
 tally-sheets to the clerk of the circuit court, all of which shall be preserved 
 in the respective offices of said clerks. 
 
 Canvassing Board. 
 
 68. The commissioners of the county court shall be ex-officio a board 
 of canvassers, i&.nd as such, shall keep in a well-bound book, marked: 
 "election record," a complete record of all their proceedings in ascertain- 
 ing and declaring the result of every -election in their respective counties. 
 They shall convene as such canvassing board at the courthouse on the 
 fifth day (Sundays excepted), after every election held in their county 
 or in any district thereof, and the officers in whose custody the ballots, 
 poll-books, tally-sheets and certificates have been placed shall lay the same 
 before them for examination. They may, if deemed necessary, require 
 the attendance of any of the commissioners, poll clerks or other persons 
 present at the election, to appear and testify respecting the same, and 
 make such other orders as shall seem proper, to procure correct returns 
 and ascertain the true result of the said election in their county; but in 
 such case all of the questions to the witnesses and all the answers thereto, 
 and evidence, shall be taken down in full and spread upon the record. All 
 orders made shall also be entered upon the record. They may adjourn 
 from time to time, hut no longer than absolutely necessary, and when a 
 majority of the commissioners are not present, their meeting shall stand 
 adjourned till the next day, and so from day to day, till a quorum be 
 present. The board, before proceeding to canvass the returns of the elec- 
 tion, shall open each sealed package of ballots so laid before them, and 
 without unfolding them count the number in each package and enter 
 the same upon their said record. The ballots shall then be again sealed 
 up carefully in a new envelope, and each member of the board shall write 
 his name across the place where said envelope is sealed. After canvassing 
 the returns of the election, the board shall, upon the demand of any candi- 
 
Elections by the People. 29 
 
 date voted for at such election, open and examine any one or more of the 
 sealed packages of ballots, and recount the same; but in such case they 
 shall seal the same again, along with the envelope above named, and the 
 clerk of the county court, and each member of the board, shall write his 
 name across the place or places where it is sealed, and endorse in ink, on 
 
 the outside: "Ballots of the election held at precinct No. , in the 
 
 district of , and county of , on the day of r." 
 
 When they have made their certificates and declared the result, as here- 
 inafter provided, they shall deposit the sealed packages of ballots, poll- 
 books, tally-sheets, and precinct certificates, with the clerks of the county 
 and circuit courts, from whom they were received, who shall carefully 
 preserve the same for one year, and if there be no contest pending as to 
 any such election, said ballots, poll-books, tally-sheets and certificates, shall 
 be destroyed by fire or otherwise without opening the sealed packages 
 of ballots; and if there be such contest pending, then they shall be 
 destroyed as soon as said contest is ended. If the result of election is 
 not changed by such recount, the cost and expenses thereof shall be paid 
 by the party at whose instance the same was made. 
 
 69. When an election is held in the county or district for any of the 
 following offices, that is to say: For governor, auditor, treasurer, state 
 superintendent of free schools, attorney general, judge of the supreme 
 court of appeals, judge of the circuit court, senator, delegate, clerk of 
 the circuit court, clerk of the county court, commissioner of the county 
 court, prosecuting attorney, sheriff, surveyor of lands, assessor, justice 
 of the peace, constable, or other office within the county, representative in 
 the congress of the United States or electors of president and vice- 
 president of the United States, the board of canvassers of the county, or a 
 majority of them, under the regulations prescribed in the next preceding 
 section, shall carefully and impartially ascertain the result of the election 
 in their county and in each district thereof, and shall record the same 
 in the following form, or to the following effect: "The board of can- 
 vassers of the county of , having carefully and impartially examined 
 
 the returns of the election held in said county, in each district thereof, 
 
 on the day of , do hereby certify that in said county for the otHce 
 
 of , A B received votes, C D received votes, 
 
 and EJ F received votes." "And we further certify that at said 
 
 election held in the district of , in said county for the office of 
 
 G H — received votes, and I 
 
 J received votes." (And so on to each particular office.) In 
 
 the said certificates shall be set forth, according to the truth, the full name 
 of every person voted for, and in words at length, the number of votes he 
 ' received for any office. When the certificates are all entered, the record 
 shall be signed by the board or a majority of them. The said board shall 
 sign separate certificates of the result of the election within the county, 
 for each of the offices to be filled. 
 
 Certificates; to Whom Sent; How Disposed of; Proceedings Thereon. 
 
 70. The separate certificates of the board of canvassers, made pursuant 
 
30 Elections by the People. 
 
 to the preceding section, shall be by them disposed of as follows: Of the 
 certificates respecting the election for delegate or delegates, they shall 
 transmit one to each person voted for as delegate and shall transmit one 
 to the secretary of state, who shall submit the same to the house on the 
 first day of the ensuing regular session, together with a list of the persons 
 appearing thereby to be elected. Of the certificates respecting the election 
 of senator, they shall transmit one to each person voted for as senator, 
 and shall transmit one to the secretary of state, to be submitted by him 
 to the senate, on the first day of the ensuing regular session, together 
 with a list of persons appearing thereby to be elected. Of the certificates 
 respecting the election of the governor, auditor, treasurer, state superin- 
 tendent of free schools and attorney general, one as to each of said 
 offices, shall be sealed up and transmitted by said commissioners to the 
 secretary of state endorsed on the envelope as follows: "Returns of the 
 election for governor, auditor, treasurer, state superintendent of free 
 schools and attorney general." The secretary of state shall deliver 
 the same unopened, to the speaker of the house of delegates, on the first 
 day of the next session of the legislature; and the speaker shall, Immedi- 
 ately after the organization of the house, and before proceeding to other 
 business, open and publish the same in the presence of a majority of each 
 house of the legislature, which bodies shall, for that purpose, assemble 
 in the hall of the house of delegates. The person having the highest 
 number of votes for either of said offices, shall be declared duly elected 
 thereto; but if two or more persons have an equal and the highest num- 
 ber of votes for the same office, the legislature shall, by a joint vote ot 
 the two houses, choose one of the said persons for said office; and one of 
 each said last mentioned certificates, shall also be transmitted upder 
 seal, to the governor, who shall immediately tabulate the vote :n all.tiie 
 counties, for each office, and cause the same to be published in some 
 newspaper published at the seat of government. Of the certificates 
 respecting the election for judge of the supreme court of appeals, judge of 
 a judicial circuit, representative in the congress of the United States, and 
 electors of president and vice president of the United States, respectively, 
 the commissioners shall transmit one in each case to the person voted 
 for, and one to the governor; and the governor shall ascertain who are 
 elected, and make proclamation thereof. 
 
 Of the certificates respecting the election of all county and district 
 officers one shall be transmitted to each i>erson for whom votes were cast. 
 
 71. When the governor is, or the board of canvassers of a county are, 
 to declare the result of an election and it appears to him or them that 
 two or more of the persons voted for have received the highest and an 
 equal number of votes so that the election to the office is not decided by 
 the returns, he, or they, being required to declare the result, shall decide • 
 the tie by the election of one of said persons. 
 
 Declaring the Result of the Election for County and District Officers in 
 Case of Contested Election. 
 
 72. In all cases of contested election the county court shall bt tht 
 
Elections by the People. 31 
 
 judge of election, qualifications and returns of their own members, and of 
 all county and district officers. 
 
 73. Though illegal votes be received or legal votes be rejected, at any- 
 place of voting, the returns of the votes taken at such place shall not be 
 set aside for that cause, but it may be shown by proper evidence before 
 the tribunal authorized by law to hear and determine contested elections, 
 for whom such illegal votes or any of them were cast, or for whom the 
 legal votes which were rejected would have been given and so far only as is 
 so shown the returns shall be corrected. 
 
 Additional Offenses and Penalties. 
 
 74. Any officer or person who shall offend in any of the following par- 
 ticulars: 
 
 P^RST. Any commissioner of election or poll clerk who shall knowingly 
 make or cause to be made, or conspire with others to make, a false return 
 of the result of the votes cast for any candidate at a precinct election held 
 pursuant to law; or, 
 
 Second. Any commissioner of election receiving the ballot or a voier 
 to be deposited in the ballot-box at any precinct election, who shall put 
 another ballot in the box instead of the one so received by him; or. 
 
 Third. Any commissioner of election or poll clerk who shall count and 
 string a ballot not taken from the ballot box, in lieu of one taken or 
 which should have been taken, from such ballot-box; or. 
 
 Fourth. Any commissioner of a county court, whether acting as such 
 or ex-officio as a member of a board of canvassers or otherwise, clerk of a 
 county court, or other person, who shall abstract from any package of 
 ballots voted, sealed and returned from any precinct election either before 
 or after they are filed with the clerk of the circuit or county court, 
 or who shall in any manner change any such ballot from what it was 
 when voted by the voter, or who shall put another ballot in such package 
 in the place of one so abstracted therefrom; or, 
 
 F^FTH. Any commissioner of a county court, whether acting as such 
 commissioners or ex-officio as a member of a board- of canvassers or other- 
 wise, who shall knowingly make and enter of record, or in any way aid, 
 counsel or advise the same to be done or permit the same to be done 
 without objection on his part, any false or fraudulent statement of the 
 result of any election held within their county; or. 
 
 Sixth. Any person who shall aid, assist, counsel or advise in the com- 
 mission of any of the offenses above specified; every such officer or per- 
 son so offending shall be guilty of felony, and upon conviction thereof 
 shall be confined in the penitentiary not less than five nor more than ten 
 years, and at the discretion of the court, he may in addition thereto, be 
 fined not less than five hundred nor more than five thousand dollars. And 
 any person who shall falsely make or fraudulently deface or fraudulently 
 destroy, any certificate of nomination or any part thereof; or file any 
 certificate of nomination, knowing the same or any part thereof, to be 
 falsely made, or suppress any certificate of nomination which has been 
 
32 Elections by the People. 
 
 duly filed, or any part thereof; or forge or falsely make the official 
 endorsement of any ballot, or print or cause to be printed, any imitation 
 ballot, or circulate the same, or erase, deface, or change in any manner, 
 any election record, or any ballot, poll book, tally sheet or certificate of 
 election deposited with either of the clerks of the county or circuit courts; 
 or conspire with another to do any of said acts, or induce or attempt to 
 induce, any other person to do any of said acts, whether or not said acts, 
 or any of them, be committed or attempted to be committed, shall be 
 deemed guilty of a felony and upon conviction thereof shall be punished by 
 imprisonment in the penitentiary not less than two nor more than five 
 years. 
 
 75. Any clerk, member of the board of ballot commissioners, commis- 
 sioner of election, or other messenger entrusted with the custody of the 
 ballots, who shall open any of the packages in which the ballots are con- 
 tained, or permit any of them to be opened, or destroy any of such ballots, 
 or permit them to be destroyed, or give, or deliver any such packages or 
 ballots to any person not lawfully entitled to receive them, as herein pro- 
 vided; or conspire to procure, or in any way aid, abet, or connive at any 
 robbery, loss or unlawful destruction of any such ballots or packages 
 shall be guilty of a felony, and on conviction thereof shall be punished by 
 imprisonment in the penitentiary for not less than three nor more than 
 ten years. 
 
 76. If any person shall induce, or attempt to induce, any voter to write, 
 paste, or otherwise place on his ballot, the name of any person, or any sign 
 or device of any kind, as a distinguishing mark by which to indicate to 
 any other person how such voter voted, or shall enter into or attempt to 
 form any agreement or conspiracy with any other person to induce or 
 attempt to induce a voter to so place a distinguishing name or mark on 
 his ballot, whether or not said act be committed or attempted to be com- 
 mitted, such person so offending shall be guilty of a felony, and on con- 
 viction thereof, be imprisoned in the penitentiary not less ^than two 
 nor more than five years, or he may, at the discretion of the court, be fined 
 not less than one hundred nor more than five hundred dollars, and be 
 imprisoned in the county jail not less than one month nor more than six 
 months. 
 
 77. If any commissioner of election, or a poll clerk, shall reveal to any 
 person how any voter has voted, or what other candidates were voted for 
 on any ballot bearing a name not printed thereon by the board of ballot 
 commissioners, or give any information concerning the appearance of any 
 ballot voted, such person so offending shall be guilty of a felony, and on 
 conviction thereof shall be imprisoned in the penitentiary not less than 
 two nor more than five years. 
 
 78. If any person shall induce, or attempt to induce, by the use of any 
 unlawful means, any commissioner of election or poll clerk to violate any 
 of the provisions of this chapter, whether or not such commissioner of 
 election or poll clerk, shall violate or attempt to violate any of the pro- 
 visions thereof, such person so offending shall be guilty of a felony, and 
 on conviction thereof, shall be imprisoned in the penitentiary not lesg 
 than two nor more than five years. 
 
Elections by the People. 33 
 
 79. No officer of election shall disclose to any person the name of any 
 candidate for whom a voter has voted. No officer of election shall do any 
 electioneering on election day. No person whatever shall do any elec- 
 tioneering on election day within any polling place, or within sixty feet 
 of any polling place. No person shall apply for or receive any ballot in 
 any polling place, other than that in which he is entitled to vote, nor shall 
 any person examine a ballot which any voter has prepared for voting or 
 solicit the voter to show the same, nor ask nor make any arrangement, 
 directly or indirectly, with any voter to vote an open ballot. No person 
 except a commissioner of election shall receive from any voter a ballot 
 prepared by him for voting. No voter shall receive a ballot from any 
 person other than one of the poll clerks; nor shall any person other 
 than a poll clerk deliver a ballot to a commissioner of election, to be 
 voted by such commissioner. No voter shall deliver any ballot to a com- 
 missioner of election to be voted, except the one he receives from the 
 poll clerk. No voter shall place any mark upon his ballot, nor suffer 
 or permit any other person to do so, by which it may be afterward identi- 
 fied as the ballot voted by him. Whoever shall violate any provision of 
 this section shall be deemed guilty of a felony and on conviction thereof 
 shall be punished by imprisonment in the penitentiary for not less than 
 one nor more than two years. 
 
 80. Any public officer, upon whom any duty is imposed by this chapter, 
 who shall wilfully neglect or refuse, or omit to perform such duty, or do any 
 act prohibited herein, for which punishment is not otherwise provided, 
 shall be deemed guilty of a felony, and on conviction thereof, shall be pun- 
 ished by imprisonment in the penitentiary for not less than one nor more 
 than three years. 
 
 81. If any person not herein authorized so to do, shall enter or attempt 
 to enter the election room or shall remain within sixty feet of the polling 
 place, contrary to the provisions hereinbefore made, he shall be guilty of a 
 misdemeanor, and, on conviction thereof, shall be fined not less than ont 
 hundred dollars nor more than five hundred dollars, and confined in the 
 county jail not less than thirty days. 
 
 82. If any person shall, during the election, remove or destroy any of the 
 supplies or other conveniences placed in the booths or compartments as 
 aforesaid, or deliver to the voter for the purpose of enabling the voter to pre- 
 pare his ballot, or shall, during an election, remove, tear down or deface 
 the cards printed for the instruction of the voters, or shall, during an 
 election destroy or remove any booths, railing or other conveniences, pro- 
 vided for such election, or shall induce or attempt to induce any person to 
 commit any of such acts whether or not any of such acts be committed, or 
 attempted to be committed, shall be guilty tf misdemeanor, and, on con* 
 viction thereof, shall be punished by imprisonment in the county jail for 
 not less than six months nor more than one year. 
 
 Affidavit Taken During Election. 
 
 83. All affidavits provided for in this chapter, to be used on the day •f 
 election at the several polling places, shall, unless herein otherwise 
 
34 Elections by the People. 
 
 directed, at the close of the count, be placed in a strong and durable 
 envelope, by the commissioners of election, and securely sealed by them, 
 and each of then shall endorse his name on the back of such envelope, 
 which shall, within three days after the election, be delivered by one of 
 the commissioners of election, to the clerk of the circuit court of the 
 county, whose duty it shall be to carefully preserve the same and deliver 
 it, with the seal unbroken, to the foreman of the grand jury when next 
 in session. It shall be the duty of such grand jury to enquire into the 
 truth or falsity of such affidavits. 
 
 84. "When any county or magisterial district holds an election at any 
 time other than the time of a general election, such election shall \t 
 nominations of candidates shall be made and certificates filed as herein 
 provided for, be held in conformity with the provisions of this chapter, 
 and all county and local ofRcers who are required to perform any duties 
 in connection with the general election shall perform the same duties in 
 connection with such special or local election subject to the same provisions 
 and penalties herein prescribed in case of general elections. 
 
 Municipal Elections. 
 
 85. Every municipal election shall be held in conformity with the pro- 
 visions of this act, except that the duties herein required of the county 
 and circuit court clerks shall be performed by the municipal clerk (or 
 recorder, as the case may be) ; the duties herein required of the com- 
 missioners of the county court shall be performed by the municipal coun- 
 cil; the duties herein required of the county sheriff shall be performed by 
 the municipal marshal, sergeant (or chief of police, as the case may be) : 
 and the rights of designation of election officers by political p-arties shall 
 be exercised by the chairman of committees of such parties in the 
 municipality, if such there be. Municipal officers are hereby required to 
 perform the various duties herein prescribed for county officers in whose 
 stead they act, subject to the same provisions and penalties herein pre- 
 scribed as to such county officers, except in any municipality giving at 
 the last preceding election therein less than six hundred votes, in which 
 an election is held for municipal officers without any nominations of 
 candidates having been made and certified, as herein provided, by at 
 least two political parties or organizations of citizens representing a 
 political principle, said election may be held and conducted under the 
 laws in force in this State on the day before this chapter as amended 
 by chapter twenty-five of the acts of 1893, took effect, and shall be counted 
 and certified and the result declared under the provisions of this chapter. 
 
 Compensation of Election Officers. 
 
 86. Every commissioner of election, poll clerk, challenger and ballot 
 commissioner shall be allowed two dollars each day he shall serve as 
 such and two dollars in addition to five cents mileage to messenger for 
 delivering the ballots, ballot boxes, poll books and tally sheets to voting 
 place and two dollars in addition to five cents mileage for returning 
 the same. 
 
ELECTIOiSS BY THE PEOPLE. 35 
 
 The ballot commissioner shall not receive an allowance for more than 
 two days. 
 
 Election Expenses of County and Municipal Charge. 
 
 87. The printing of ballots and all other expenses incurred in providing 
 for, holding and making returns of elections, shall be a county charge and 
 shall be audited by the county court and paid out of the county treasury, 
 except where the oflBcers to be voted for are, exclusively, municipal officers, 
 in which case such expense shall be a municipal charge, the payment of 
 which shall be provided for in the same manner as other municipal ex- 
 penses. 
 
 Election Days Legal Holidays. 
 
 88. All election days shall be legal holidays throughout the district or 
 municaplity in which the election is held. 
 
 Mandamus to Compel Performance of Duty. 
 
 89. Any officer or person upon whom any duty is devolved by this 
 chapter, may be compelled to perform the same by writ of mandamus. The 
 circuit courts or the judges thereof in vacation, shall have jurisdiction 
 by such writ, and shall, upon affidavit filed, showing a proper case without 
 a rule to show cause, issue such writ to be returned, heard and determined 
 without unnecessary delay. If a circuit court, or a judge thereof in vaca- 
 tion shall proceed against any board of canvassers by mandamus, or other- 
 wise, to control, in any manner the action of said board in the perform- 
 ance of its duty, under the provisions of section sixty-eight of this 
 chapter, in any case concerning the election of a member of the house 
 of delegates or a State senator and shall fail to enter a final order in 
 such proceedings settling all questions presented therein within fifteen days 
 from the commencement of such proceedings, unless delayed by proceed- 
 ings of the supreme court of appeals, or a judge thereof in vacation, the 
 same shall stand dismissed; and such board shall convene within not less 
 than five days thereafter, and proceed forthwith to the performance of its 
 duty under the provisions of said section. A mandamus shall lie from the 
 supreme court of appeals, or any one of the judges thereof in vacation 
 returnable before said court, to compel any officer herein to do and perform 
 legally any duty herein required of him. And respecting the election of 
 a member of the house of delegates and state senator, a writ of certiorari, 
 mandamus or prohibition shall lie from the said supreme court of appeals, 
 or a judge thereof in vacation, returnable before said court, to correct 
 any error of law and review and correct the proceedings of any circuit 
 court or the judge there in vacation, or any board of canvassers. 
 "When any such writ of mandamus, prohibition or certiorari shall be issued 
 by said court or a judge thereof in vacation, it shall be the duty of said 
 court to convene in special session at the State capitol, not later than 
 ten days from the date of the writ, to hear and determine all matters 
 arising upon said writ, which matters shall have precedence over all other 
 
36 Bisections by the People. 
 
 business pending in said court and be determined within five days from 
 the assembling thereof, and in any case, in ample time for the case to b* 
 remanded and final action taken by the circuit court and the board of 
 canvassers in order that such board may perform its duty and issue the 
 certificate of election befort the second Wednesday in January, then, 
 next following. In mandamus and prohibition proceedings under this sec- 
 tion the same may be upon affidavit alone, and no rule to show cause, nor 
 alternative writ, shall be necessary. 
 
 Witness Compelled to Testify, Though Implicated. 
 
 90. Every person called as a witness as to any violation of any of the 
 provisions of this chapter, shall be compelled to testify fully concerning 
 the same; but if such witness testify fully, he shall be exonerated from 
 such offense in which he is implicated, and shall not be prosecuted 
 therefor. 
 
 REGISTRATION LAW. 
 
 CHAPTER 45, ACTS 1911. 
 
 As amended by Chapter 26, Acts 1913. 
 
 Sec. 
 
 1. County court to appoint registrars for eacli precinct in the county ; one each 
 from political parties ; may be suggested by chairman ; suggestion to be In 
 writing ; penalty for forgery ; who shall not serve as registrars ; may be 
 selected from another precinct, when ; duty of clerk to notice ; registrar shall 
 take oath of office. 
 
 2. County court shall cause to be prepared books and blanks for the registra- 
 tion of the voters ; how books are to be arranged. 
 
 3. Clerk of county court shall notify registrars, and cause to be delivered to 
 them books and blanks ; registrars' duty ; clerk of county court shall furnish 
 list of voters last taken. 
 
 4. Registrars may administer oath for purposes in this act ; list of questions as 
 to right to register. 
 
 5. In case of doubt registrar may mark affidavit ; penalty for making affidavit 
 falsely. 
 
 6. Registrars having completed the registration, shall sit together for two days, 
 when ; books shall be open to inspection, and voters may be registered. 
 
 7. When county court shall convene, and register voters and strike off illegal 
 voters ; an order must be made in each case ; appeal may be taken ; penalty 
 for improperly adding to or omitting from list. 
 
 8. Duty of courts to hold session. 
 
 9. How voter may obtain transfer. 
 
 10. Copy of registration to be furnished commissioners of election. 
 
 11. No person allowed to vote unless registered ; penalty for violation of pro- 
 visions of this act. 
 
 12. Penalty against registrar for wilful neglect. 
 
 13. Compensation to registrars and how paid. 
 
Elections by the People. 37 
 
 14. Registration books to be returned to clerk of county court. 
 
 15. This act shall not apply to municipal elections unless adopted by the 
 municipality. 
 
 16. Duties may be enforced by mandamus. 
 
 Be it enacted hy the Legislature of West Virginia: 
 
 That chapter nineteen of the acts of the legislature of West Virginia, at 
 the session of one thousand nine hundred and eight, approved on the 
 fourth day of March, one thousand nine hundred and eight, be and the 
 same is hereby amended and re-enacted so as to read as follows: 
 
 Sec. 1. The county court of each county in this state shall hold a 
 regular or special session at the court house of their county, on the second 
 Monday in August of each and every year when there is a general election 
 to be held, and shall then appoint for each voting precinct in their county, 
 two competent persons as registrars, one each from the political parties 
 which at the last preceding election cast the highest number of votes in 
 the county in which the election is to be held. But if at any time during 
 said session, the county executive committee of either political party 
 from which said registrars are to be selected, through its chairman or 
 secretary, shall present to the court, or shall before any such appoint- 
 ments are made, at any time file in the office of the clerk of the county 
 court of said county, a writing signed by the chairman of said committee, 
 on their behalf, requesting the appointment of a qualified voter of their 
 political party, and who shall appear to be competent to said court, the 
 court shall appoint the person named in such writing as such resigtrar; 
 or, if the court reject any one so recommended, it shall notify the chair- 
 man of the committee of said rejection, and such chairman shall recom- 
 mend another to be so appointed, until a competent person is accepted 
 by the court. Every writing so presented shall be filed, preserved and 
 kept by the clerk of said court in his office. And if it shall appear that 
 said writing was a forgery, and that it was forged by the person present- 
 ing the same to the court, or that he presented the same to the court 
 knowing it to be a forgery, upon conviction thereof such person shall 
 be confined in the penitentiary not less than one nor more than five years; 
 or at the discretion of the court he may be fined not less than one 
 hundred dollars, nor more than five hundred dollars, and be confined in 
 the county jail not less than three nor more than six months. No person 
 shall be eligible to appointment as registrar, or any way act as such, 
 who has been convicted of a felony, who is not a qualified voter in the 
 precinct for which he is appointed, who cannot read or write the English 
 language, or who is a candidate to be voted for at such election; provided, 
 that if in any precinct there should not be a competent person in the 
 opinion of the chairman of the executive committee, or the county court, 
 the chairman of said committee may recommend some competent voter 
 of said county from some other precinct therein, to act as such registrar. 
 If any such registrar shall fail or refuse to serve, the vacancy shall be 
 filled either by the county court or by the clerk thereof in vacation in the 
 manner hereinbefore provided for the appointment of registrars, and said 
 clerk shall forthwith notify such party of his appointment as such regis- 
 
38 ElJECTIONS BY THE PEOPLE. 
 
 trar, and record such appointment in the minute book of said county 
 court. If no appointment is made to fill such vacancy, or if either of 
 such registrars fail or refuse to act, it shall be lawful for the other 
 registrar to register the voters in such precinct and discharge his duties 
 hereunder. Said registrars shall, before entering upon the discharge of 
 their duties, take an oath to support the constitution of the United States, 
 the constitution of West Virginia, and to perform the duties of their 
 office to the best of their ability, and that they will support the nominees 
 of the party for which they are respectively appointed. Said oath shall 
 be filed in the office of the clerk of the county court. 
 
 Sec. 2. The county court shall cause to be prepared suitable books and 
 blanks for the registration of voters and the facts required by this act, 
 and the clerk of said county court shall distribute said books and blanks 
 to the registrars of the respective voting precincts. The books afore- 
 said shall be so arranged as to admit of the alphabetical classification of 
 the names of the voters and ruled in parallel columns, on which shall 
 be entered, first, the number; second, the names of the persons registered; 
 third, color; fourth, age; fifth, place of birth; sixth, time of residence in 
 precinct, county and state; seventh, if naturalized, the date of the papers 
 and the court by which issued; eighth, date of registration. 
 
 Sec. 3. The clerk of the said county court shall within five days after the 
 appointment of said registrars as aforesaid, notify each of the registrars 
 so appointed of his appointment and give the name of the other registrar; 
 which notice may be sent by registered mail, and the clerk shall likewise 
 on or before the third Monday in August next after the appointment of 
 said registrars, cause to be delivered to the said registrars copies 
 of the books and blanks prepared as aforesaid, for the registration of 
 voters for the respective precincts, and upon the receipt of the said books 
 and blanks, the said registrars shall meet together on the first Monday 
 of September thereafter, and proceed to register the names of all the 
 qualified voters within their respective precincts, and shall endeavor to 
 ascertain and register each and every qualified voter entitled to vote 
 within the precinct, and for this purpose shall visit the usual place of 
 abode of each and every voter. And said registrars to ascertain the 
 qualified voters shall examine the registration lists made for such pre- 
 cinct for the last preceding general election, and shall transfer the names 
 of all voters registered on such former list who at the time of such regis- 
 tration being made, may be qualified voters in said precinct to the registra- 
 tion being so made. And the clerk of said county court shall furnish to 
 each of said registrars a certified copy of the registration list made for 
 such precinct for the last preceding general election, for which he shall 
 receive two cents a name for each copy, to be allowed by the county court 
 payable out of the county treasury. 
 
 And in registering each voter, said registrars shall (as far as possible) 
 give the Christian name and his surname, and shall designate the place 
 of his residence, his age and color, and whether he is a native or foreign 
 iDorn, which information shall be given in the proper column provided 
 in the books furnished by the clerk of the county court as hereinbefore 
 provided. 
 
Elections by the People. 30 
 
 Provided, however, that when for any purpose a special election is held 
 in any county, district thereof, or independent district thereof, at any 
 time, it shall not be necessary for the registrars to list or register any of 
 the voters, and the voters shall he listed and registered by the county court 
 as provided in section seven hereof. 
 
 Sec. 4. Before the registrars shall register the name of any person as a 
 qualified voter, they must be satisfied of his qualification, or have him make 
 the affidavit as hereinafter provided, showing his right to register, and for 
 the purposes of this act they are hereby given authority to administer 
 oaths, and they may require the person desiring to register to answer under 
 oath the following questions: 
 
 First: Are you a citizen of the United States? 
 
 Second: Are you a native or naturalized citizen? If the person offering 
 to be registered claims to be a naturalized citizen of the United States he 
 shall produce for the inspection of the officers of registration, a certificate 
 or other evidence of his naturalization, and also state under oath or affirma- 
 tion that he is the identical person named therein; but the production of 
 the certificate shall not be required if the person offering to be registered 
 states under oath, when and where he was naturalized, that he had a 
 certificate of naturalization, and that against his will the same is lost, 
 destroyed or beyond his power to produce the same; or, if he states under 
 oath that by reason of the naturalization of his parents, or one of them, he 
 has become a citizen of the United States, and where and when his parents 
 were naturalized. 
 
 Third: Will you have resided in this state for one year immediately 
 preceding the coming election? 
 
 Fourth: Have you been absent from this state within the year im- 
 mediately preceding the coming election? (If yes, when?) 
 
 Fifth: When you left this state, did you leave for a temporary purpose 
 with intention of returning; or for the purpose of remaining away? 
 
 Sixth: Did you while absent look upon or regard this state as your 
 home? 
 
 Seventh: Did you while absent vote in any other state? 
 
 Eighth: Will you have resided in this county for sixty days prior to 
 the coming election? 
 
 Ninth: When did you last come into this county? 
 
 Tenth: Did you come into this county for the mere purpose of voting 
 in this county? 
 
 Eleventh: Are you an actual resident of this precinct? 
 
 Twelfth: Are you twenty-one years of age, or will be such at the com- 
 ing election, to the best of your knowledge and belief? 
 
 Every person shall be registered who will be entitled to vote at the first 
 election occurring after the registration by reason of his arriving at twenty, 
 one years of age before the time, or by reason of his having resided for a 
 sufficient length of time in the state and county, provided he is otherwise 
 qualified. 
 
 Sec. 5. If said registrars after examining any voter are not satisfied as 
 to his right to be registered, then said registrars shall require said voter to 
 make an affidavit in writing, on a blank form to be furnished, which affi- 
 
40 Elections by the People. 
 
 davit shall be duly subscribed and sworn to by said voter before either of 
 said registrars, and in which affidavit said voter shall answer fully the 
 questions giving information as required under section four of this 
 chapter, and if said affidavit shows that he is a voter in said precinct, he 
 shall them be registered by said registrars. Said registrars having regis- 
 tered such voter upon his affidavit, may mark said affidavit "challenged," 
 and return the same, with their list of registration, to the clerk of the 
 county court, and said clerk shall preserve said affidavit in his office, and 
 either registrar or any citizen or any voter of the county may appear be- 
 fore the county court and have the right of said voter's registration deter- 
 mined by said county court. And any person who shall wilfully make any 
 such affidavit falsely shall be guilty of felony, and upon conviction thereof, 
 shall be confined in the penitentiary not less than one nor more than three 
 years; or, in the discretion of the court, may be confined in the county jail 
 not less than one nor more than six months. 
 
 Sec. 6. The said registrars after having completed the registration as 
 far as in their power, shall for the purpose of amending, correcting and 
 completing said registration, sit together at some convenient place within 
 the voting precinct for two days, commencing on the first Monday in 
 October, from nine o'clock a. m., to one o'clock p. m., and from two o'clock 
 p. m., to nine o'clock p. m., and shall give notice of the time and place of 
 their sitting for such registration and correction by posting written or 
 printed notices of the time and place of such sitting for ten days prior 
 thereto, at not less than five of the most conspicuous places in said voting 
 precinct, one of which shall be at the place of voting in said precinct. And 
 at the time of said sitting the books of registration shall be open for public 
 inspection, and the said registrars in the manner hereinbefore provided 
 shall register all qualified voters who have not theretofore been so register- 
 ed by them, and complete and finish the registration of the voters within 
 their said precinct, and make out two alphabetical lists of the registered 
 voters within said precinct entitled to vote at the ensuing election as 
 registered by them, giving the information as to each voter as hereinbefore 
 required, and shall sign and return the same to the clerk of the county 
 court on said second Monday in October, and the same shall be open to 
 the inspection of the public when filed in said clerk's office until five days 
 prior to the election. 
 
 Any person desiring a copy of the registered voters made by said 
 registrars as returned by them to the county court, may request the same 
 and the registrars shall make and deliver a copy of said registered voters 
 upon the payment to them of two cents a name for each copy so furnished. 
 
 Sec. 7. It shall be the duty of the county court of each county to con- 
 vene in regular or special session on the second Monday in October pre- 
 ceding any general election, and on the fifth day preceding any special 
 election in any county, district or independent district, for the purpose 
 of hearing any and all matters as to the registration of voters, at which 
 said meeting of the county court they shall examine the returns made to 
 them by the registrars throughout the county, or in case of special election, 
 throughout the county, district or independent district wherein such spe- 
 
Elections by the People. 41 
 
 cial election is held, and and file with the clerk of the county court, as 
 hereinbefore provided. And if they are satisfied that persons have been 
 registered, who are not entitled to vote, they shall cause their names to be 
 stricken from the list of voters, and if they should find that persons' names 
 have been omitted by the registrars who should be registered, either be- 
 cause the same have been omitted or by reason of such persons having 
 become entitled to vote since such registration was made, the court shall 
 cause their names to be registered as qualified voters; and in case of 
 special elections at any time in the county, district or independent district 
 of the county, it shall be the duty of the county court when so sitting 
 five days preceding any such special election as hereinbefore provided, 
 to register and list the voters in the county, district, or independent dis- 
 trict in which such special election is about to be held, and in doing so 
 the county court shall adopt the registration by registrars at the next pre- 
 ceding general election prior thereto, and if the county court is satisfied 
 that persons have been registered who are not then entitled to vote at 
 such special election, they shall cause their names to be stricken from 
 the list of voters, and if they find that persons' names have been omitted 
 by the registrars who should be registered then, either because the names 
 of same have been omitted or by reason of such person having become 
 entitled to vote since such registration, for the then next preceding gen- 
 eral election, was made, the court shall cause their names to be registered 
 as qualified voters; the county court shall accordingly correct the list so 
 returned by the registrars for such county, district or independent dis- 
 trict wherein and wherefor such special election is to be so held, and there- 
 to certify by order entered of record, and thereby the said county court shall 
 be held to have duly registered and listed the voters in such county, district 
 and independent districts wherein such special elections are 
 held; but in no case shall the court erase the name of any voter, 
 until he shall have had five days' notice of the application to 
 strike his name from such registration list, and he shall have the 
 right to rebut any evidence produced against him, and shall have 
 his name restored to said list if improperly stricken therefrom. 
 From the decision of the county court an appeal may be taken by the 
 voters, or either of the registrars, or any voter of said county, to the 
 circuit court of said county, and from the decision of the circuit court an 
 appeal may likewise be taken to the supreme court of appeals. In no case 
 shall the clerk enter any name on the list of registered voters, or strike 
 any name therefrom, except by order of the county court entered of record. 
 And any person who shall enter any name upon the registration lists or 
 omit any name from the registration list, without an order of the court, 
 entered of record so directing, he shall be guilty of a felony, and upon 
 conviction he shall be confined in the penitentiary not less than one nor 
 more than three years for each offense. 
 
 Sec. 8. It shall be the duty of the circuit court and the supreme court of 
 apppeals to hold such sessions as may be necessary to determine any cases 
 involving the registration of voters in this state prior to any election, and 
 such cases shall have precedence over all others but in any case where a 
 
42 EOLECTIONS BY THE PEOPLE, 
 
 voter has been registered by order of the county court, or by the registrars,. 
 he shall be entitled to vote at any election held until such order of the 
 county court or registrars is reversed. 
 
 Sec. 9. Any voter who shall have been registered in any precinct aa 
 hereinbefore provided, and who shall have removed from said precinct to 
 another precinct in the same county, may obtain from the registrars of the 
 precinct in which he is registered, or from the clerk of the county court, in 
 case the registration books have been filed with the said clerk, a certificate 
 of transfer and present same to the election commissioners of the precinct 
 wherein he resides, and if the commissioners of election in such precinct 
 shall be satisfied that such voter is a legal resident in the precinct wherein 
 he offers to vote, they shall register such voter and allow him to vote. 
 When said certificate is issued the name of said voter shall be stricken 
 by the registrar, or the clerk of the county court, from the books from 
 which said certificate is issued, and such certificate shall be preserved by 
 the commissioners and returned with the election returns to the clerk of 
 the county court. And any clerk or registrar issuing a false certificate 
 wilfully hereunder, shall be guilty of a felony, and, upon conviction there- 
 of, shall be confined in the penitentiary not less than one nor more than 
 three years. 
 
 Sec. 10. The clerk of the county court shall furnish one copy of said 
 registration books to the election commissioners of the respective voting^ 
 precincts, with the ballot boxes and other election supplies to be used by 
 them in the conduct of the election in their said voting precincts. 
 
 Provided, that in case of special elections in the county, district and in- 
 dependent districts, of the county, instead and in lieu of such registration 
 books, the clerk of the county court shall furnish a certified list of the 
 voters of the respective precincts, as listed and registered by the county 
 court for such special election, to the election commissioners of the re- 
 spective voting precincts with the ballot boxes and other election sup- 
 plies to be used by them in the conduct of the election in their said 
 voting precincts; for which services in case of special election the county 
 clerk shall receive two cents a name for each copy so furnished by him 
 to be allowed by the county court payable out of the treasury of the 
 county, district or independent district, wherein is held such special 
 election. 
 
 Sec. 11. No person shall be allowed to vote at any election hereafter 
 held in this state unless he shall have been registered as herein provided, 
 and the commissioners of every election shall only allow those to vote whose 
 names appear upon the registration books furnished by the clerk of the 
 county court to them, or who present a proper certificate of transfer, as 
 herein provided; and any commissioner of election who shall wilfully 
 violate any of the provisions of this act shall be deemed guilty of a mis- 
 demeanor, and upon conviction thereof shall be fined not less than fifty 
 nor more than one hundred dollars, and imprisoned in the county jail 
 not less than ten nor more than ninety days for every such offense. 
 
 Sec. 12. Any registrar who shall wilfully register the name of any per- 
 son not a qualified voter in his precinct, or wilfully reject from registra- 
 
Elections by the People. 43- 
 
 tion the name of any qualified voter shall be guilty of a felony, and upon 
 conviction thereof shall be confined in the penitentiary not less than one 
 nor more than five years; and any registrar who shall fail to perform any 
 other duty required of him under this act, shall be guilty of a misdemeanor 
 and upon conviction shall be fined not less than fifty nor more than five 
 hundred dollars, and confined in the county jail not less than one nor more 
 than six months, in the discretion of the court. 
 
 Sec. 13. Each of said registrars shall receive as compensation for their 
 services under this act the sum of ten cents for each name so registered 
 by them, to be allowed by the county court payable out of the county 
 treasury. But if the registration of voters is made necessary by the calling, 
 of a special election in a district, independent district, or municipality, 
 the compensation thereof shall be paid by the board or body calling said 
 election, out of any fund at their disposal. 
 
 Sec. 14. The commissioners of election shall return the registration 
 books of such election precinct, together with the ballot boxes, etc., to the 
 clerk of the county court. 
 
 Sec. 15. This act shall not apply to municipal elections held in cities,, 
 towns and villages, but the law-making power in any city, town or village, 
 may adopt the provisions of this act, and may change the time of making 
 the registration and making return thereon, and may provide that the 
 duties to be performed by the county court hereunder shall be performed 
 by such municipal authorities as may be named in such ordinance or act,. 
 and when so adopted and modified the same shall be applicable to such 
 city, town or village. 
 
 Sec. 16. Any and all duties required of any person or officer by this act, 
 may be enforced and compelled to be performed by such person or officer or 
 court by writ of mandamus or other proper legal proceeding issued by the 
 circuit court of said county, or the supreme court of appeals. 
 
 Sec. 17. All acts and parts of acts inconsistent with this act are hereby 
 repealed. 
 
CORRUPT PRACTICES ACT. 
 
 CHAPTER 22, ACTS 1908 
 
 AN ACT to prevent corrupt practices in election, to limit the expenses of 
 candidates, to prescribe the duties of candidates and political committee 
 and provide penalties and remedies for the violation of this act. 
 
 [Passed February, 25, 1908. In effect ninety days from passage. Approved 
 
 March 3, 1908.] 
 
 Be it enacted by the Legislature of West Virginia. 
 
 Sec. 1. The following persons shall be deemed guilty of bribery at 
 elections and shall be punished as in this section provided. 
 
 First. Every person who shall directly or indirectly, by himself or 
 by other person on his behalf, give, lend or agree to give or lend or ofter, 
 promise, or promise to procure or endeavor to procure any money or valu- 
 able consideration or any place of employment, public or private, to or for 
 any voter, or to or for any person on behalf of any voter, or to or for any 
 person in order to induce any voter to vote or refrain from voting or to 
 vote for any particular person or candidate, or object, or to refrain there- 
 from or shall corruptly do any such act as aforesaid on account of such 
 voter having voted or refrained from voting at an election, or having voted 
 for any particular person or candidate or object, or refraining therefrom. 
 
 Second. Every person who shall in consequence of any gift, loan, or 
 offer, promise of any place or employment public or private, procurement, or 
 agreement, procure or engage, promise or endeavor to procure, the election 
 of any person to a public ofiRce or the vote of any voter at any election. 
 
 Third. Every person who shall advance or pay or cause to be paid any 
 money to or for the use of any other person with the intent that such money 
 or any part thereof shall be expended in bribery at any election, or who shall 
 knowingly pay or cause to be paid any money wholly or in part expended 
 In bribery at any election; any person so offending shall be guilty of a 
 misdemeanor and may be punished by imprisonment in the county jail for 
 a term of not less than six months or more than one year, at the discre- 
 tion of the court, and be fined not more than one thousand dollars, and 
 shall in addition thereto forfeit his office. If any person, or committee or 
 representative of any church, school, charitable institution or religious 
 society shall knowingly solicit a candidate for ofiice or a candidate for 
 nomination to any ofiice, to give, lend or agree to lend, offer, promise, or 
 promise to procure any money or valuable consideration for the use of 
 himself or other person, or for said church, school, charitable institution 
 or society, the person or persons so offending shall be guilty of misde- 
 meanor and fined not exceeding one hundred dollars. 
 
Elections by the People. 45 
 
 Providing, always, that the foregoing enactment shall not extend to or be 
 construed to extend to any money paid or agreed to be paid for or on ac- 
 count of any proper expenses incurred at or concerning any election. 
 
 Proper expenses are herein defined to be such as are or may by reason- 
 able construction be included only in the following, that is to say: 
 First. For the personal traveling expenses of the candidate. 
 Second. For the reasonable rent of hall or room for the delivery »f 
 speeches relative to principles of candidates in any pending election. 
 
 Third. For the payment of reasonable compensations to public speakers 
 and musicians at public meetings and their necessary traveling expenses. 
 Fourth. Printing and distribution of list of candidates or sample tick- 
 ets, speeches, or addresses by phamphlets, newspapers or circulars relative 
 to candidates or political issues or principles, cards, hand-bills, posters or 
 announcements. 
 
 Fifth. For copying and classifying poll lists. 
 Sixth. For making canvasses of voters. 
 
 Seventh. For expressage or freight or charge for other like purpose, 
 and for postage, telegraph, telephone, or other public messenger service. 
 
 Eighth. For reasonable clerk hire at the headquarters or offices of cam- 
 paign committees, or at the office of the candidates. 
 
 Sec. 2. The following persons shall also be guilty of bribery at elec- 
 tions and shall be punished as in this section provided. 
 
 First. Every voter who shall, before or during any election, directly or 
 indirectly by himself, or by another person on his behalf, solicit, demand, 
 receive, agree or contract for any money, gift, loan, or valuable considera- 
 tions, office, place or employment, or solicit any endorsement on a note or 
 other paper public or private for himself or for any other person, for vot- 
 ing or agreeing to vote, or for voting for any person or candidate or ob- 
 ject or agreeing to refrain therefrom, or from refraining' or agreeing to 
 refrain from voting at any election. 
 
 Second. Every person who shall, after any election, directly or in- 
 directly by himself, or any other person on his behalf solicit, demand or 
 receive any money or valuable consideration on account of any person 
 having voted or refrained from voting, or having induced any other person 
 to vote or refrain from voting, at any election, and any person so of- 
 fending shall be guilty of a misdemeanor and may be punisjied by im- 
 prisonment in the county jail, at the discretion of the court, for not more 
 than six months and be fined not more than one hundred dollars. But if 
 such voter or person mentioned in this section shall testify and speak the 
 truth on behalf of the state in any prosecution against the giver or promis- 
 er, he shall not be prosecuted for any offense under this section. 
 
 Any person who shall make a false charge under oath or give false evi- 
 dence against a person who has been a candidate for office and who has re- 
 ceived the majority of the votes cast for the office for which such person was 
 a candidate at any election, held in this state, and any person who shall 
 give false evidence either in the form of an affidavit or as a witness before 
 any court, or in any impeachment proceeding against any candidate, and 
 any person who shall form a conspiracy or assist in the formation thereof 
 
46 Elections by the People. 
 
 or become conspirators against any candidate to wrongfully deprive such 
 candidate of the office for which he has received a majority of the votes 
 cast for such office, shall be guilty of a felony and upon conviction thereof 
 be confined in the penitentiary of this state not less than five nor more 
 than ten years. Conspirators within the meaning of this section shall in- 
 clude each person who shall become engaged with another or others, in an 
 effort to wrongfully deprive a person of the office for which such person 
 had received a majority of the votes cast for such office. 
 
 iSec. 3. Any candidate for a public office, or any other person seeking 
 to become the nominee of any party as such candidate, who prior to any 
 primary election, convention, or other meeting held to select delegates to 
 ^ convention to nominate a candidate for the public office which he seeks 
 to obtain, or who, at any time prior to the election whereat an incumbent 
 for the office so sought by him is chosen, corruptly by himself or by any 
 •other person, directly or indirectly, gives or provides or pays, wholly or in 
 part, or promises to pay wholly or in part the expenses of going to such 
 election, primary election, convention, or other meeting, or providing any 
 meat, drink, entertainment, or provisions to or for any person for the pur- 
 pose of corruptly influencing him, or any other person to give or refrain 
 from giving his vote at such election, shall be guilty of a misdemeanor and 
 upon conviction thereof shall be fined not more than one hundred dollars. 
 
 Sec. 4. Every person who shall directly or indirectly, by himself, or any 
 other person on his behalf, make use of, or threaten the use of any 
 force, violence or restraint or inflict or threaten to inflict by himself 
 or by any other person, any damage, harm, or loais upon or 
 against any person, in order to induce or compel such person to 
 vote or to vote for any person or candidate or object or to re- 
 frain therefrom or refrain from voting at any election, or who shall, 
 by abduction, duress, or any fraudulent device or contrivance, impede 
 and prevent the free exercise of the franchise of any election shall be guilty 
 of a misdemeanor and upon conviction thereof shall be fined not more than 
 one hundred dollars. 
 
 Sec. 5. A person shall for all purposes of this act, be deemed guilty of 
 the offense of impersonation who at any election held pursuant to the laws 
 of this state, applies for a ballot in the name of some other person, whether 
 that name be that of a person living or dead, or of a fictitious person, or 
 who, having voted once at any election applies at the same election for a 
 ballot in his own name or in any other name for his own use; and any 
 person who commits the offense of impersonation, or who aids, abets, 
 counsels or procures the commission of that offense shall be guilty of a 
 misdemeanor and upon conviction thereof shall be confined in the county 
 jail for a term of not exceeding one year. 
 
 Sec. 6. No candidate for congress or for any public office in this state, 
 or any county, district or municipality thereof, which office is to be filled 
 by popular election, shall by himself, by or through any agent or agents, 
 committee or organization, or any person or persons whatsoever, in the 
 aggregate, pay out or expend, or promise or agree or offer to pay, con- 
 tribute or expend any money or other valuable things in order to secure or 
 aid in securing his nomination or election respectively, to any office to be 
 
Elections by the People. 47 
 
 voted for at same election, or in aid of any party or measure in excess of 
 a sum to be determined upon the following basis, namely: 
 
 For five thousand voters or less, two hundred and fifty dollars; for each 
 one hundred voters over five thousand and under twenty-five thousand, 
 two dollars for each one hundred voters; over twenty-five thousand and 
 under fifty thousand, one dollar; and for each one hundred voters over 
 fifty thousand, fifty cents. The number of voters to be ascertained by the 
 total number of votes cast for all the candidates for such office at the last 
 preceding regular election held to fill the same, and any payment, contribu- 
 tion or expenditure, or promise, agreement, or offer to pay, contribute or 
 expend any money or valuable thing in excess of said sum, for such objects 
 and purposes, is herein declared unlawful and any person violating the 
 provisions of this section shall be deemed guilty of a misdemeanor and be 
 fined not less than two hundred and not more than five hundred dollars. 
 
 Sec. 7. Every person who shall be a candidate before any caucus or 
 convention, or at any primary election, for nomination of candidates for 
 representatives in the congress of the United States, and all state, county 
 and district officers, which caucus, convention or primary election shall be 
 held not earlier than the fifteenth day of May, nor later than the fifteenth 
 day of August next preceding a general election or at any election for any 
 state, county, or district office, or for senator or representative in the con- 
 gress of the United States, shall within thirty days after the election held 
 to fill such office or place, make out and file with the ofllcers empowered by 
 law to issue the certificate of election to such office or place and a duplicate 
 thereof with the clerk of the county court for the county in which such 
 candidates reside, a statement in writing, which statement shall be sulv 
 scribed and sworn to by such candidate before an officer authorized to 
 administer oaths, setting forth in detail all sums of money contributed, 
 disbursed, expended or promised by him to the best of his knowledge and 
 belief by any other person or persons in his behalf, wholly or in part, in 
 endeavoring to secure or in any way in connection with his nomination or 
 election to such office or place, or in connection with the election of any 
 other person at said election; and showing the dates when, and the per- 
 sons to whom, and the purpose for which all such sums were paid, expended, 
 or promised. Such statement shall set forth that the same is as full and 
 explicit as affiant is able to make it. 
 
 Sec. 8. Any person failing to comply with the provisions of the fore- 
 going seventh section of this act shall be deemed guilty of a misdemeanor, 
 and upon conviction thereof shall be fined not more than five hundred 
 dollars. 
 
 Sec. 9. No person shall receive any salary or any emoluments for any 
 period prior to the filing of said statement provided for in section seven. 
 
 Sec. 10. Every two or more persons who shall be elected, appointed, 
 chosen, or associated for the purpose, wholly or in part, for raising, collect- 
 ing or disbursing money or controlling or directing the raising, collection 
 or disbursement of money for election purposes, and every two or more 
 persons who shall co-operate in the raising, collection or disbursements, or 
 in controlling or directing the raising, collection or disbursement of 
 money, used or to be used in the furtherance of the election, or defeat the 
 
48 Elections by the People. 
 
 election to public office of any person or any class or number of persons, or 
 in the furtherance of the enactment or to defeat the enactment of any law 
 or ordinance or constitutional provision, shall be deemed a political com- 
 mittee within the meaning of this act. 
 
 Sec. 11. Every political committee shall appoint and constantly main- 
 tain a treasurer to receive, keep and disburse all sums of money which 
 may be collected or received or disbursed by such committee, or by any of 
 its members for any of the purposes mentioned in section ten of this act, 
 for which such committee exists or acts, and unless such treasurer is first 
 appointed and thereafter maintained, it shall be unlawful and a violation 
 of this act for a political committee or any of its members to collect, re- 
 ceive, or disburse moneys for any such purpose. All money collected or 
 received or disbursed by any political committee, or by any member or 
 members thereof, for any of the purposes mentioned in section ten of this 
 act, and for which said committee exists or acts, shall be paid over and 
 made to pass through the hands of the treasurer of such committee and 
 shall be disbursed by him; and it shall be unlawful and a violation of 
 this act for any political committee, or for any member or members of a 
 political committee to disburse or expend money for any of the objects or 
 purposes mentioned in section ten of this act, and for which such commit- 
 tee exists or acts, until the money so disbursed or expended shall have 
 passed through the hands of the treasurer of said political committee. 
 
 Sec. 12. Every treasurer of a political committee and every person who 
 shall at any time act as such treasurer shall, whenever he receives or 
 disburses money as such treasurer or for or on account of any of the objects 
 or purposes mentioned in section ten of this act, immediately enter and 
 thereafter keep in a proper book or books to be provided and preserved by 
 him, a full, true and detailed statement and account of each any every sum of 
 money so received or disbursed by him setting forth in such statement the 
 sum so received or disbursed, as the case may be, and the date when and 
 the person from whom received, or to whom paid, as the case may be, and 
 the object and purpose for which such sum was received or disbursed. 
 
 Sec. 13. EVery treasurer of a political committee as defined in this act 
 and every person who acts as such treasurer, shall, within thirty days after 
 each election whether state, county, or district election, in or concerning or 
 in connection with which he shall have received or disbursed any money for 
 any of the objects or purposes mentioned in section ten of this act, pre- 
 pare and file in the office of the county clerk of the county court in which 
 such treasurer resides a full, true and detailed account and statement, 
 subscribed and sworn to by him before an officer authorized to administer 
 oaths, setting forth each and every sum of money received or disbursed by 
 him for any of the objects or purposes mentioned in section ten of this act, 
 within the period beginning four months before such election and ending- 
 on the days on which such statement is filed, the date of each receipt and 
 each disbursement, the name and address of the person from whom re- 
 ceived or to whom paid, and the object or purpose for which the same was 
 received and the object or purpose for which it was disbursed. Such state- 
 ments shall also set forth the unpaid debts and obligations, if any, of such 
 committee, with the nature and amount of each, and to whom owing, In 
 
Electio-xs by the People. 49 
 
 detail, and if there are any unpaid debts or obligations of such committee, 
 such statement shall state such fact. 
 
 Sec. 14. Every clerk of the county court in each of the counties of this 
 state shall receive and file in his office and there keep as a part of the 
 records thereof, all statements and accounts required by this act to be filed 
 with him; and the same shall be recorded in a well bound, suitable record 
 book to be kept in his office as a part of the records therein. Such state- 
 ments and accounts and record book shall at all reasonable times be open 
 to public inspection. Copies of such statements or records certified by 
 such clerk, of any such statement or statements or records, shall be ad- 
 mitted to evidence in all courts with like force and effect as the original 
 would have if produced. 
 
 Sec. 15. Every treasurer of a political committee, as defined In this act, 
 who shall wilfully fail, neglect or refuse to make out, verify and file with 
 the clerk of the county court the statement required in this act shall be 
 guilty of a misdemeanor and upon conviction shall be fined not less than 
 one hundred dollars nor more than five hundred dollars. 
 
 Sec. 16. Every treasurer of political committee and every person who 
 shall receive any money to be applied to any of the purposes mentioned in 
 section ten of this act who shall either: 
 
 First. Neglect or fail to keep a correct book or books of account, set- 
 ting forth all the details required to be set forth in the account and state- 
 ment contemplated by this act, (except that the book or books need not be 
 subscribed or sworn to) with the intent to conceal the receipt or disburse- 
 ment of any such sum received or disbursed by him, or by any other per- 
 son for the purpose or object for which the same was received or disbursed 
 or conceal the fact that there is any unpaid obligation of such treasurer 
 of such committee, or the nature or amount thereof, or to whom owing in 
 detail; or. 
 
 Second. Mutilate, deface or destroy any such book or books of account 
 with intent to conceal the fact by such book or books, shall be guilty of a 
 misdemeanor and upon conviction shall be fined not less than one hundred 
 dollars nor more than five hundred dollars. 
 
 Sec. 17. No life or fire insurance company, railroad, telegraph, express, 
 telephone, coal, oil, gas company, or any other corporatiofi or joint stock 
 company or association, shall directly or indirectly, give or offer to give, 
 contribute or offer to contribute, any money, or other thing of value or 
 profit to any candidate for nomination for, or election to any office em- 
 braced within this act, and any violation hereof shall be a misdemeanor 
 and upon conviction thereof such life, or fire insurance company, railroad, 
 telegraph, express, telephone, coal, oil or gas company of other corpora- 
 tion, shall be fined not exceeding one thousand dollars. 
 
 Sec. 18. Any violation of any of the provisions of this act the penalty 
 for which is not herein specifically provided for, shall be deemed a mis- 
 demeanor, and shall be upon conviction, punished with a fine of not to 
 exceed one hundred dollars. 
 
 Sec. 19. The judges of all circuit and criminal courts in this state shall 
 give this act in charge to all grand juries empaneled in their respectiye 
 courts. 
 
50 Elections by the People. 
 
 Sec. 20. All acts or parts of acts inconsistent with this act are hereby- 
 repealed. 
 
 CHAPTER 18, ACTS 1908 
 
 AN ACT limiting the time within which certain offenses may be punished. 
 Be it enacted "by the Legislature of West Virginia: 
 
 Sec. 1. No prosecution shall be had for any violation of the laws con- 
 cerning elections by the people, or of the laws concerning offenses relating 
 to elections, or of the laws relating to the nomination of candidates for 
 public office, unless indictment be found, or presentment be made, or prose- 
 cution be begun for the offense within one year after the same was commit- 
 ted. 
 
 GenereJ Laws Relating to Elections. 
 
 Betting on Elections. 
 
 If any person bet or wager money or other thing of value on any elec- 
 tion held in this State, he shall forfeit the value of such money or other 
 thing and fifty dollars in addition thereto for every such offense. — Sec. 
 151, Code 1906. 
 
 Treating Voters. 
 
 If any person who is a candidate for any office under the constitution and 
 laws of this state shall, himself or by another offer to, give or distribute 
 among the voters any intoxicating drink on the day of the election, he 
 shall, if elected, forfeit his office and on proof of the fact be removed there- 
 from. And if any person, whether a candidate or not, offer, give or dis- 
 tribute any intoxicating drink to any voter on the day of an election, he 
 shall forfeit not less than ten nor more than fifty dollars.— Sec. 152, Code 
 1906. 
 
 Places Where Intoxicating Drinks are Sold to be Kept Closed on Day of 
 Election. — Selling or offering Liquors for Sale, Etc. 
 
 Every place at which intoxicating liquors are sold, shall be kept closed 
 on the day of election, and if any person (whether licensed to sell intoxi- 
 cating liquors or not) shall, on the day of election, sell or offer, or expose 
 for sale such liquors, or shall on said day at any time keep open any place 
 in his possession or under his control, where such liquors are usually sold, 
 or shall permit any person to drink any intoxicating liquor on the day of 
 an election, at any place in his possession at or under his control, he shall 
 be guilty of a misdemeanor, and fined not less than fifty nor more than 
 
Elections by the People. 51 
 
 one hundred dollars for every such offense. Provided, That this section 
 shall not be so construed as to require any person licensed to sell intoxicat- 
 ing liquors who is engaged in any other business in connection therewith, 
 to close his place of business as aforesaid, except the part thereof in which 
 such liquors are usually sold. — Sec. 153, Code 1906. 
 
 Drunkenness at or Near the Place of Election. 
 
 If any person be drunk at or near the place of holding an election on the 
 day the same is held, he shall be guilty of a misdemeanor and fined not 
 less than ten nor more than fifty dollars, and shall, moreover, be required 
 to give security for his good behavior for six months. If he fail to give 
 such security, he shall be imprisoned not less than five nor more than 
 twenty days. — Sec. 154, Ck)de 1906. 
 
 Manner of Contesting Elections to County and District Ofjlcers. 
 
 A person intending to contest the election of another to any county or 
 district office, shall, within ten days after the result of the election is 
 declared, give him notice in writing of such intention, and a list of the 
 votes he will dispute, with the objections to each, and of the votes rejected 
 for which he will contend. If the contestant object to the legality of the 
 election, or the qualification of the person returned as elected, the notica 
 shall set forth the facts on which such objection is founded. The person 
 whose election is so contested shall, within ten days after receiving such 
 notice, deliver to the contestant a like list of the votes he will dispute, 
 with his objections to each, and of the rejected votes for which he will con- 
 tend; and if he has any objection to the qualification of the contestant, he 
 shall specify in writing the facts on which the objection is founded. Each 
 party shall append to his notice his affidavit that he verily believes th»* 
 matters and things therein set forth to be true. — Sec. 159, Code 1906. 
 
 Penalties for Violating the Registration Laws. 
 
 If any person swear falsely, or make a false affidavit pertaining to the 
 registration of his vote or the vote of another, he shall be guilty of perjury, 
 and on conviction thereof shall be confined in the pententiary of this state 
 for not more than three years; and if any officer of registration or other 
 officer shall register or cause to be registered any person who is not entitled 
 to be registered or refuse to register any person who is entitled to be 
 registered knowing the same to be true, shall be guilty of felony, and on 
 conviction thereof, shall be confined in the penitentiary for not more than 
 two years. 
 
 The affidavits taken by election commissioners, or others authorized to 
 administer oaths, of persons desiring to be registered shall be preserved 
 as other affidavits taken by them and delivered in the same manner to the 
 clerk of the circuit court of their county, who shall present them to the 
 grand jury of his county for investigation. — Sec. 117, Code 1906. 
 
52 Elections by the People. 
 
 Instructions to Grand Jury as to Elections. 
 
 It shall be the duty of the judge of every court, in which a grand jury 
 is empaneled, to give thereto instructions in regard to elections as the 
 court deems advisable. — Sec. 118, Code 1906. 
 
 Receiving Bril)e. 
 
 If any voter, directly or indirectly, by himself or through any other 
 person, receives, agrees, or contracts for, before, during or after the elec- 
 tion, any money, gift, loan or other valuable consideration, oflSce, place of 
 employment, for himself or any other person, for voting or agreeing to 
 vote, or for refraining or agreeing to refrain from voting at any election, or 
 for not voting or agreeing to vote, or refraining or agreeing to refrain from 
 voting for any particular person or persons, or proposition or question at 
 any election, shall be guilty of a misdemeanor, and on conviction thereof 
 shall be disfranchised for not more than ten years, for the first offense. 
 and for a second offense he shall be disfranchised during life. Any voter 
 asking or soliciting money from any candidate, before any primary or gen- 
 eral election, shall be guilty of a misdemeanor, and on conviction thereof 
 shall be fined not less than twenty-five nor more than fifty dollars and, upon 
 failure to pay said fine, shall be confined in the county jail not to exceed 
 sixty days.— Sec. 119, Code 1906. 
 
 Elections to Fill Vacancies. 
 
 Elections to fill vacancies shall be for the unexpired term; and shall 
 be held at the same places as other elections and superintended, conducted 
 and returned, and the result ascertained, certified and declared in the same 
 manner and by the same officers; and the persons elected, having first duly 
 qualified, shall enter upon the duties of their respective offices. — (Sec. 120, 
 Code 1906.) 
 
Elections by thet PEotLte. 53 
 
 APPENDIX, 
 
 Laws That May be Made Effective by a Majority 
 Vote in Any County. 
 
 Certain laws such as the Skunk law; Dog tax law, and Stock law are in 
 force only in the counties which have adopted same by a majority vote of 
 the qualified voters. In counties where any or all the aforesaid laws are 
 now in force and there is demand on the part of the people to rescind same 
 or where they are not in force and it is desired to ascertain the sense of 
 the voters as to their adoption, a vote upon the question may be taken at 
 any regular election, provided a sufficient number of legal voters of the 
 county petition the county court for such action. 
 
 A petition to secure a vote on the ''Skunk or pole cat law" must be sign* 
 ed by at least 100 legal voters.— Sec. 2803, Code 1906. 
 
 For a vote on the "Dog tax law" at least ten per cent of the legal voters. 
 (Acts Extra Session, 1908, chap. 29.) 
 
 For a vote on the "Stock law," 50 voters in a district, or part of a dis- 
 trict, may petition and the law may be made applicable to such district or 
 part of a district where such part is "divided by a river." (Acts 1907, 
 chap. 44.) 
 
 To Vote to Extend School Term. 
 
 For a vote in a district upon the question of "having more than six 
 months school" 50 taxpayers or more may petition the Board of EJduca- 
 tion of such district, (Acts 1908, chap. 27, sec. 27.) 
 
 In submitting such questions the proper authorities shall cause to be 
 printed upon the ballots used the words, 
 
 "For dog tax law." 
 
 "Against dog tax law." 
 
 or 
 
 For months school. 
 
 Against months school. 
 
 (And in a similar manner for other laws.) 
 
 What Constitutes Residence. 
 
 I. That place shall be considered the residence of a person in which 
 his habitation is fixed, and to which, whenever he is absent, he has the 
 intention of returning. 
 
 ir. A person shall not be considered to have lost his residence who 
 leaves his home and goes into another state or county of this state, for 
 temporary purposes, with the intention of returning. 
 
 III. A person shall not be considered to have gained a residence in any 
 
54 E]>ECTIONS BY THE PEOPLE. 
 
 county of this state into which he comes for temporary purposes, without 
 the intention of making such county his permanent home. 
 
 IV. If a person move into another state, with the intention to make it 
 his permanent residence, he shall be considered to have lost his residence 
 in this state. 
 
 V. The mere intention to acquire a new residence, without removal, 
 shall not constitute non-residence, neither shall the removal, without the 
 intention to acquire a new residence, constitute non-residence. 
 
 VI. If a person go into another state, and while there exercise the right 
 of a citizen by voting, he shall be considered to have lost his residence in 
 this state.— (Acts 1891, ch. 89; Acts 1905, ch. 43.) 
 
Gaylord 
 
 Bros. 
 
 Makers 
 
 S^-raciise, 
 
 N. V 
 
 PAT. JAN. 21 
 
 , 1908 
 
 2i)-6/81 
 
 CO 
 
 'J/< /■963 
 
 DNIVERSITY OF CALIFORNIA LIBRARY