ffShfttLF *B ea osa GIFT OF / 8@*County Clerks are required to preserve this pamphlet, and to see that S^coplcs accompanying each set of poll books are returned to their offices with %he returns of election. Section 5824, Revised Statutes, 1909. ELECTION LAWS OF THE STATE OF MISSOURI AND THE FEDERAL NATURALIZATION LAWS Compiled from the State Constitution and Laws, and Published Under Authority of Section 5824, Revised Statutes, 1909. 1913 CORNELIUS ROACH Seaetary of State le inierneT Arcnive in 2007 with funding from , Microsoft Corporation ittp://www.archive;org/cletails/electionlawsotstOOmis^ei ELECTION LAWS OF THE STATE OF MISSOURI AND THE FEDERAL NATURALIZATION LAWS COMPILED FROM THE STATE CONSTITUTION AND LAWS, AND PUBLISHED UNDER AUTHORITY OF SECTION 5824, REVISED STATUTES, 1909. "P Cotnptmicntb cl SECRETARY OF STATE THE HUGH STEPHENS PRINTING COMPANY, JEFFERSON CITY, MISSOURI. «sWW»l ELECTION LAWS OF THE STATE OF MISSOURI AND THE FEDERAL NATURALIZATION LAWS COMPILED FROM THE STATE CONSTITUTION AND LAWS, AND PUBLISHED UNDER AUTHORITY OF SECTION 5824, REVISED STATUTES, 1909. 1913 CORNELIUS ROACH Secretary of State THE HUGH STEPHENS PRINTING COMPANY, JEFFERSON CITT, MISSOURI. RV 8W/ aaHBiaau'i .eoci ,«: CONTENTS. Page Constitutional provisions 5 Federal naturalization laws 17 Election laws- Public administrators 31 Circuit and prosecuting attorneys 31 Clerks of courts of record 32 Congressional and electoral district 33 Constables 36 Civil rights of convicts 37 County treasurers 37 County auditors 38 Courts of record — Supreme court and courts of appeals 40 Circuit courts 41 Probate courts 45 County courts 46 Criminal court, 15th judicial circuit 46 Criminal court of Buchanan county... 47 Criminal court of Jackson county 47 Cape Girardeau court of common pleas 48 St. Louis courts of criminal corrections 48 Offenses by persons in office, or affecting public trusts and rights, and concerning elections 50 Crimes and punishments 63 Election of state officers, congressmen, members of the legrlslature and other officers. 65 General provisions 68 Nominations 79 Primary elections 85 Ballots, voting and returns 93 Election contests 101 Constitutional amendments 109 Primary elections in counties having over lOO.OCO inhabitants HI Primary elections in counties having over 175,000 and less than 300,000 inhabitants.. 114 Primary elections in cities of 100,000 inhabitants and over 119 Primary election in cities having over 350,000 inhabitants 122 Primary elections in cities having over 400,000 inhabitants 123 Corrupt practices 131 Registration in cities with 25,000 and less than 100,000 inhabitants 140 Registration and elections in cities having 100,000 inhabitants or over 148 Registration and elections in cities having 300,000 inhabitants or over.. 194 Election of senator from Missouri to United States Congress 221 Initiative and referendum 222 Intoxicating liquors on election day 226 Local option election 227 Justice of peace 233 (3) 4 CONTENTS. Page Justices and constables In cities of 300,000 inhabitants or over 234 Members of the general assembly 234 Recorder of deeds 236 State superintendent of public schools 237 County superintendent of public schools 237 Sheriff's certificate of election 239 Surveyors 240 Assessors 240 Collectors of revenue 241 Township organization elections 241 Forms of primary election 248 ELECTION LAWS OF MISSOURI. CONSTITUTION OF 1875. ARTICLE II. BILL OF EIGHTS. Sec. 9. Elections must be free and open. — That all elections shall be free and open ; and no power, civil or military, shall at any time inter- fere to prevent the free exercise of the right of suffrage. [Same in substance as Sec. 14, Art. 1, Const. 1865.] LEGISLATIVE DEPARTMENT. ARTICLE IV. Sec. 2. Representatives, term, apportionment. — The house of representatives shall consist of members to be chosen every second year by the qualified voters of the several counties, and apportioned in the following manner : The ratio of representation shall be ascertained at each apportioning session of the general assembly, by dividing the whole number of inhabitants of the state, as ascertained by the last decen- nial census of the United States, by the number two hundred. Each county having one ratio, or less, shall be entitled to one representative ; each county having two and a half times said ratio shall be entitled to two representatives ; each county having four times said ratio shall be entitled to three representatives ; each county having six times such ratio shall be entitled to four representatives, and so on above that number, giving one additional member for every two and a half ad- ditional ratios. [Sec. 2, Art, 4, Const. 1865, gave one additional member for every three additional ratios.] Sec. 3. Counties, division of into districts. — When any county shall be entitled to more than one representative, the county court shall cause such county to be subdivided into districts of compact and contiguous territory, corresponding in number to the representatives to which such county is entitled, and in population as nearly equal as may be, in each of which the qualified voters shall elect one representa- tive, who shall be a resident of such district : Provided, that when any (5) 6 ' ELECTION LAWS. county* *sli*all l5e entitled to more than ten representatives, the circuit court shall cause such county to be subdivided into districts, so as to give each district not less than two nor more than four representatives, who shall be residents of such district — the population of the districts to be proportioned to the number of representatives to be elected therefrom. [Substantially the same as last part of Sec. 2, Art. 4, Const. 1865, with proviso added.] Legislative districts cannot be changed oftener than once in ten years, and not then until reapportionment is made. State ex rel. v. Patterson, 229 Mo. 388. Sec. 4. Representatives — qualifications. — No person shall be a member of the house of representatives who shall not have attained the age of twenty-four years, who shall not be a male citizen of the United States, who shall not have been a qualified voter of this state two years, and an inhabitant of the county or district which he may be chosen to represent one year next before the day of his election, if such county or district shall have been so long established, but if not, then of the county or district from which the same shall have been taken, and who shall not have paid a state and county tax within one year next preceding the election. [Substantially same as Sec. 3, Art. 4, Const. 1865.] Sec. 5. Senators, number — ^term — ^senatorial districts. — The senate shall consist of thirty-four members, to be chosen by the qualified voters of their respective districts for four years. For the election of senators the state shall be divided into convenient districts, as nearly equal in population as may be, the same to be ascertained by the last decennial census taken by the United States. [Substantially same as Sec. 4, Art. 4, Const 1865.] Sec. 6. Senators, qualifications — counties divided, when. — No per- son shall be a senator who shall not have attained the age of thirty years, who shall not be a male citizen of the United States, who shall not have been a qualified voter of this state three years, and an in- habitant of the district which he may be chosen to represent one year next before the day of his election, if such district shall have been so long established, but if not, then of the district or districts from which the same shall have been taken, and who shall not have paid a state and county tax within one year next preceding the election. When any county shall be entitled to more than one senator, the circuit court shall cause such county to be subdivided into districts of compact and contiguous territory, and of population as nearly equal as may be, corresponding in number with the senators to which such county may be entitled ; and in each of these, one senator, who shall be a resident of such district, shall be elected by the qualified voters thereof. [Substantially same as Sec. 5, Art. 4, Const. 1865.] See note to section three. Sec. 10. Senators and representatives, when elected. — The first election of senators and representatives, under this Constitution, shall be held at the general election in the year one thousand eight hundred CONSTITUTION. ^ and seventy-six, when the whole number of representative^''^Sff^ the senators from the districts having odd numbers, who shaU''^&mpoj the first class, shall be chosen; and in one thousand eight htiti&']^*e(J^&' seventy-eight, the senators from the districts having eveil''ii{imbers, who shall compose the second class, and so on at each sWdb^^ng general election, half the senators provided for by this Cliii^mution shall be chosen. •^^''^''''^^ 7)-iiilT biiB [Substantially same as Sees. 9 and 10, Art. 4, Const. 1865.] Sec. 11. Senatorial districts. — £ ^^^g (The Forty-sixth General Assembly having adjourned without redistricting the State into SenatQna|,^irtri^,.|bjit duty devolved upon the Governor, Secretary of State and the Attorney-General, under the provisions of Sec. 7; Art. I* of the Constitution. Accordingly, April 18, 1911, the Secretary of State and the Attorney-General perfornj^ jt|^y^uU^P|it the Governor, though present, refused to participate and, afterwards, refused to promulgate the act. The Supreme Court, March 28, 1912, held the said act of redistricting was a legislative one and a function of a co-ordinate branokiOf tte State government and that the court was, therefore, without jurisdiction in the premises; and held further that, as the Governor had failed and refused to perform the duty enjoined upon him by the Constitution to promulgate sam&^by jpfpejamation, the said act was not and is not in effect. The districta here given are, therefore, the senatorial districts » tl^emst under the law of April 6, 1901, and are as follows:) ,.,. ,j ...lo f 1 fV First — The counties of Atchison, Gentry, ^^Jodaway and^.Wott&iiifa Second — The county of Buchanan. >« girii j Third — The counties of Andrew, Clay, Clinton, DeKalb^ Hpj;t and Platte Fourth — The counties of Grundy, Harrison, Livingston. Alercgr and Putnam. ', nimi' Jeb Fifth and Seventh — The county of Jackson. . „ , ,' Sixth — The counties of Chariton, Linn and Sullivan. - ^ - Eighth — The counties of Caldwell, Carroll, Daviess and Kay. . . ^ ^ Ninth — The counties of Adair, Macon and Shelby. \ - \ Tenth — The counties of Boone, Callaway, Montgomery, ,^t.j^Cn*^nes and Warren. ' ' '.. Eleventh — The counties of Audrain, Lincoln and Pike. . x . j Twelfth — The counties of Clark, Knox, Lewis, Scojlg^ql ' and Schuyler. Thirteenth — The counties of Marion, Monroe, Ralls Fourteenth — The counties of Camden, Cooper, Howard,' and Morgan. Fifteenth— The counties of Benton, Hickory, Pettis and '^^lii^!^^^ Sixteenth — The counties of Bates, Cedar, Henry and St.' C3au*. Seventeenth — The counties of Cass, Johnson and Lafayelfe. Eighteenth — Th6 counties of Barry, Lawrence, McDoiiiatA^^'and Newton. 'KniMfTt oi Nineteenth— The counties of Christian, Dallas, Douglas, Oyi'rtjT^^bii, Stone, Taney and Webster. '•^'^''' ^'"^ ^^ Twentieth— The counties of Barton, Dade, Greene and Vernonl^^ Twenty -first— The counties of Bollinger, Butler, Cape 'fflratdeau, Carter, Dunklin, Ripley and Wayne. ' .''"l ^''"''' Twenty-second— The counties of Howell, Oregon, ShanW(Jfi'^''^'^e^as and Wright. ^^ o'fri«iit)jn Twenty-third— The counties of Mississippi, New Madri(l*'%e&isc9|;, Scott and Stoddard. j8 -jiU Twenty-fourth— The counties of Crawford, Dent, Iroii;*^ ^ifej, Reynolds and Washington. '■*'"' ^' ^''^^ 8 ELECTION LAWS. Twenty-fifth — The counties of Franklin, Gasconade and St. Louis. Twenty-sixth — The counties of Jefferson, Madison, Perry, St. Francois and Ste. Genevieve. Twenty-seventh — The counties of Cole, Laclede, Maries, Miller, Osage and Pulaski. Twenty-eighth — The county of Jasper. Twenty-ninth, Thirtieth, Thirty-first, Thirty-second, Thirty -third and Thirty-fourth— The City of St. Louis. [See R. S. 1909, § 8147.] Sec. 13. Office vacated by removal of residence. — If any senator or representative remove his residence from the district or county for which he was elected, his office shall thereby be vacated. [This section is the same as' Sec. 13, Art. 4, Const. 1865.] Sec. 14. Writs of election to fill vacancy. — Writs of election to fill such vacancies as may occur in either house of the general assembly shall be issued by the governor. [This section is the same as Sec. 14, Art. 4, Const. 1865.] Sec. 17. Organization and rules — may punish members and other persons. — ^Each house shall appoint its own officers ; shall be sole judge of the qualifications, election and returns of its own members; may determine the rules of its own proceedings, except as herein provided; may arrest and punish by fine not exceeding three hundred dollars, or imprisonment in a county jail not exceeding ten days, or both, any person, not a member, who shall be guilty of disrespect to the house by any disorderly or contemptuous behavior in its presence during its sessions; may punish its members for disorderly conduct, and, with the concurrence of two-thirds of all members elect, may expel a mem- ber; but no member shall be expelled a second time for the same cause. [This section is substantially same as Sec. 19, Art. 4, Const. 1865.] Sec. 53. Special and local laws prohibited. — The general as- sembly shall not pass any local or special law ;********* (12) For the opening and conducting of elections, or fixing or changing the places of voting: Sec. 57. Initiative and referendum. — The legislative authority of the state shall be vested in a legislative assembly, consisting of a senate and house of representatives, but the people reserve to themselves power to propose laws and amendments to the Constitution, and to enact or reject the same at the polls, independent of the legislative assembly, and also reserve power at their own option to approve or reject at the polls any act of the legislative assembly. The first power reserved by the people is the initiative, and not more than eight per cent, of the legal voters in each of at least two-thirds of the congressional districts in the state shall be required to propose any measure by such petition, and every such petition shall include the full text of the measure so proposed. Initiative petitions shall be filed with the secretary of state not less than four months before the election at which they are to be voted upon. The second power is the referendum, and it may be ordered (except as to laws necessary for the immediate CONSTITUTION. 9 preservation of the public peace, health, or safety and laws making appropriations for the current expenses of the state government, for the maintenance of the state institutions and for the support of the public schools) either by the petition signed by five per cent, of the legal voters in each of at least two-thirds of the congressional districts in the state, or by the legislative assembly, as other bills are enacted. Referendum petitions shall be filed with the secretary of state not more than ninety days after the final adjournment of the session of the legislative assembly which passed the bill on which the referendum is demanded. The veto power of the governor shall not extend to measures referred to the people. All elections on measures referred to the people of the state shall be had at the biennial regular general elections, except when the legislative as- sembly shall order a special election. Any measure referred to the peo- ple shall take effect and become the law when it is approved by a majori- ty of the votes cast thereon, and not otherwise. The -style of all bills shall be: *'Be it enacted by the people of the state of Missouri.^' This section shall not be construed to deprive any member of the legislative assembly of the right to introduce any measure. The whole number of votes cast for justice of the supreme court at the regular election last preceding the filing of any petition for the initiative, or for the refer- endum, shall be the basis on which the number of legal voters necessary to sign such petition shall be counted. Petitions and orders for the initia- tive and for the referendum shall be filed with the secretary of state, and in submitting the same to the people he, and all other officers, shall be guided by the general laws and the act submitting this amendment, nntil legislation shall be especially provided therefor. [New section; adopted in 1908.] ARTICLE V. EXECUTIVE OFFICERS. Sec. 2. Terms of office — governor and treasurer ineligible to re- election—times of holding elections.— The term of office of the gov- ernor, lieutenant-governor, secretary of state, state auditor, state treas- urer, attorney-general and superintendent of public schools shall be four years from the second Monday of Januarj^ next after their election, and until their successors are elected and qualified; and the governor and state treasurer shall be ineligible to re-election as their own suc- cessors. At the general election to be held in the year one thousand eight hundred and seventy-six, and every four years thereafter, all of such officers, except the superintendent of public schools, shall be elected, and the superintendent of public schools shall be elected at the genera] election in the year one thousand eight hundred and seventy-eight, and every four years thereafter. [Prior to the amendment of 1851 to the Constitution of 1820, the office of secre- tary of state was not elective. State ex rel. v. Ewing, 17 Mo. 515. Under Const. 1865, Art. 5, Sees. 3 and 16, the terms of officers named was two years, except the superin- tendent of public schools, whose term was four years. No provision as to ineligibility appears in the Const. 1865.] 10 ELECTION LAWS. Sec. 3. Returns of election — tie, how determined. — The returns of every election for the above-named officers shall be sealed up and trans- mitted by the returning officers to the secretary of state, directed to the speaker of the house of representatives, who shall, immediately 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 general assembly, who shall for that purpose assemble in the hall of the house of representatives. The person having the highest number of votes for either of said offices shall be declared duly elected; but if two or more shall have an equal and the highest number of votes, the general assembly shall, by joint vote, choose one of such persons for said office. [Similar provisions are found in Sees. 3 and 18, Art. 5, Const. 1865.3 Sec. 25. Contested elections of executive officers. — Contested elec- tions of governor and lieutenant-governor shall be decided by a joint vote of both houses of the general assembly, in such manner as may be provided by law; and contested elections of secretary of state, state auditor, state treasurer, attorney-general and superintendent of public schools shall be decided before such tribunal and in such manner as may be provided by law. [Same in substance as Sees. 18 and 19, Art. 5, Const. 1865.] ARTICLE VI. JUDICIAL DEPARTMENT. Sec. 13. Judges of court of appeals, number, election, qualifica- tion and pay. — The St. Louis court of appeals shall consist of three judges, to be elected by the qualified voters of the city of St. Louis, and the counties of St. Louis, St. Charles, Lincoln and Warren, who shall hold their offices for the period of twelve years. They shall be residents of the district composed of said counties, shall possess the same qualifications as judges of the supreme court, and each shall receive the same compensation as is now or may be provided by law for the judges of the circuit court of St. Louis county, and be paid from the same sources : Provided, That each of said counties shall pay its proportional part of the same, according to its taxable property. [No similar seetion in Const. 1865.] Sec. 16. Election of judges — ^terms of office — ^presiding judge.— At the first general election held in said city and counties after the adoption of this Constitution, three judges of said court shall be elected, who shall determine by lot the duration of their several terms of office, which shall be respectively four, eight and twelve years, and certify the result to the secretary of state ; and every four years there- after one judge of said court shall be elected to hofd office for the term of twelve years. The term of office of such judges shall begin on the first Monday in January next ensuing their election. The CONSTITUTION. 11 judge having the oldest license to practice law in this state shall be the presiding judge of said court. [No similar section in Const. 1865.] Sec. 25. Circuit judges, terms and duties. — The judges of the circuit court shall be elected by the qualified voters of each circuit; shall hold their offices for the term of six years, and shall reside in and be conserv^ators of the peace within their respective circuits. [This section derived from Sec. 14, Art. 6, Const. 1865.] Sec. 30. Judges, election of — ties and contests. — The election of judges of all courts of record shall be held as is or may be provided by law, and in case of a tie or contested election between the candi- dates, the same shall be determined as prescribed by law. [The provisions of this section are derived from Sec. 14, Art. 6, Const. 1865.] Sec. 34. Probate courts, jurisdiction and powers. — The general assembly shall establish in every county a probate court, which shall be a court of record, and consist of one judge, who shall be elected. Said court shall have jurisdiction over all matters pertaining to pro- bate business, to granting letters testamentary and of administration, the appointment of guardians and curators of minors and persons of unsound mind, settling the accounts of executors, administrators, curators and guardians and the sale or leasing of lands by administra- tors, curators and guardians; and also jurisdiction over all matters relating to apprentices: Provided, that until the general assembly shall provide by law for a uniform system of probate courts, the juris- diction of probate courts heretofore established shall remain as now provided by law. [No similar section in Const. 1865.] Sec. 37. Justices of the peace. — In each county there shall be ap- pointed, or elected, as many justices of the peace as the public good may require, whose powers, duties and duration in office shall be regu- lated by law. [Same in substance as Sec. 25, Art. 6, Const. 1866.] Sec. 39. Clerks of courts, appointive and elective. — The St. Louis court of appeals and supreme court shall appoint their own clerks. The clerks of all other courts of record shall be elective, for such terms and in such manner as may be directed by law : Provided, that the term of office of no existing clerk of any court of record, not abol- ished by this Constitution, shall be affected by such law. [This section, except the proviso, is derived from Sec. 22, Art. 6, Const. 1865.] Sec. 40. Clerks, election of — ties and contests. — In case there be a tie or a contested election between candidates for clerk of any court of record, the same shall be determined in such manner as may be directed by law. [No similar section In Const. 1865.] 12 ELECTION LAWS. AMENDMENT OF 1884. COURTS OF APPEALS. Sec. 2. Kansas City court of appeals, jurisdiction, terms, judges. — There is hereby established at Kansas City an appellate court, to be known as the Kansas City court of appeals, the jurisdiction of which shall be co-extensive with all the counties in the state except those embraced in the jurisdiction of the St. Louis court of appeals. There shall be held in each year two terms of said Kansas City court of appeals, one on the first Monday of March and one on the first Mon- day of October. The Kansas City court of appeals shall consist of three judges, who shall be elected by the qualified voters of the coun- ties under the jurisdiction of said court, and shall be residents of said territorial appellate district. [This section has been modified by Sec. 3926, R. S., creating the Springfield court of appeals, and defining its jurisdiction, and by Sec. 3928, R. S., changing the limits of the districts of the other courts of appeals.] Sec. 4. Kansas City court of appeals — first judges — constitu- tional provisions applicable to. — The first term of said Kansas City court of appeals shall be held on the first Monday of March in the year 1885, and the first judges thereof shall, upon the adoption of this amendment, be appointed by the governor of said state for the term of four years each, beginning on the first day of January, 1885, and at the general election in the year 1888, the first election for the judges of said court shall be held, and the provisions of the Constitution of the state concerning the organization, the judges, the powers, the juris- diction and proceedings of the St. Louis court of appeals, as herein amended, shall in all appropriate respects apply to the Kansas City court of appeals, and to such additional court of appeals as may be by law created. ARTICLE Vra. SUFFRAGE AND ELECTIONS. Section 1. General elections, when held. — The general election shall be held biennially on the Tuesday next following the first Monday in November. The first general election under this Constitution shall be held on that day, in the year one thousand eight hundred and seventy- six; but the general assembly may, by law, fix a different day — two- thirds of all the members of each house consenting thereto. [Same In substance as Sea 2, Art. 2, Const. 1865.] Sec. 2. Electors, qualifications of.— Every male citizen of the United States, and every male person of foreign birth who may have declared his intention to become a citizen of the United States according CONSTITUTION. 13 to law, not less than one year nor more than five years before he offers to vote, who is over the age of twenty-one years, possessing the follow- ing qualifications, shall be entitled to vote at all elections by the people : First — He shall have resided in the state one year immediately preceding the election at which he offers to vote. Second — He shall have resided in the county, city or town where he shall offer to vote at least sixty days immediately preceding the election. [This section is derived from Sec. 18, Art. 2, Const. 1865, as amended in Novem- ber, 1870.] Sec. 3. Elections, how conducted and contested. — All elections by the people shall be by ballot ; every ballot voted shall be numbered in the order in which it shall be received, and the number recorded by the election officers on the list of voters, opposite the name of the voter who presents the ballot. The election officers shall be sworn or affirmed not to disclose how any voter shall have voted, unless required to do so as witnesses in a judicial proceeding: Provided, that in all cases of con- tested elections the ballots cast may be counted, compared with the list of voters, and examined under such safeguards and regulations as may be prescribed by law. [The first provision of this section is similar to Sec. 1, Art 2, Const. 1865. The remainder of the section Is new.] Sec. 4. Voters free from arrest, when. — Voters shall, in all cases except treason, felony or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning therefrom. [Same in substance as Sec. 22, Art. 2, Const. 1865.] Sec. 5. Registration in certain cities and counties. — The general assembly shall provide, by law, for the registration of all voters in cities and counties having a population of more than one hundred thousand inhabitants, and may provide for such registration in cities having a population exceeding twenty-five thousand inhabitants and not exceeding one hundred thousand, but not otherwise. [Similar in its general subject to Sec. 4, Art. 2, Const. 1865.] Sec. 6. Elections, viva voce, when. — All elections, by persons in a representative capacity, shall be viva voce. • [No similar section in Const. 1865.] Sec. 7. Residence as voters not gained or lost, when.^For the purpose of voting, no person shall be deemed to have gained a residence by reason of his presence or lost it by reason of his absence while em- ployed in the service, either civil or military, of this state or of the United States, nor while engaged in the navigation of the waters of the state or of the United States, or on the high seas, nor while a student of any institution of learning, nor while kept in a poorhouse or other asylum at public expense, nor while confined in public prison. [Same In substance as Sec. 20, Art. 2, Const. 1865.] Sec. 8. Who disqualified as voters. — No person, while kept at any poorhouse or other asylum, at public expense, nor while confined in 14 ELECTION LAWS. any public prison, shall be entitled to vote at any election under the laws of this state. [No similar section in Const. 1865.] Sec. 9. Contested elections, trials of, etc. — The trial and determina- tion of contested elections of all public officers, whether state, judicial, municipal or local, except governor and lieutenant-governor, shall be by the courts of law, or by one or more of the judges thereof. The general assembly shall, by general law, designate the court or judge by whom the several classes of election contests shall be tried, and regulate the man- ner of trial and all matters incident thereto ; but no such law, assigning jurisdiction or regulating its exercise, shall apply to any contest arising out of any election held before said law shall take effect [No similar section in Const. 1865.] Sec. 10. Criminals may be disqualified. — The general assembly may enact laws excluding from the right of voting all persons convicted of felony or other infamous crime, or misdemeanors connected with the exercise of the right of suffrage. [Same in substance as Sec. 26, Art. 2, Const, 1865.] Sec. 11. United States officers, soldiers and marines disqualified. — No officer, soldier or marine in the regular army or navy of the United States shall be entitled to vote at any election in this state. [Same in substance as S-c. 16, Art. 2, Const. 1865.] Sec. 12. Aliens not to hold office — ^residence required. — No person shall be elected or appointed to any office in this state, civil or military, who is not a citizen of the United States, and who shall not have re- sided in this state one year next preceding his election or appointment. [No similar section in Const. 1865.] ARTICLE IX. COUNTIES, CITIES AND TOWNS. Sec. 8. Township organization adopted, how — county justices. — The general assembly may provide, by general law, for township or- ganization under which any county may organize whenever a majority of the legal voters of such county, voting upon that proposition, at any general election, shall so determine; and whenever any county shall adopt township organization, so much of this Constitution as pro- vides for the management of county affairs, and the assessment and collection of the revenue by county officers, in conflict with such gen- eral law for township organization, may be dispensed with, and the business of said county, and the local concerns of the several townships therein, may be transacted in such manner as. may be prescribed by law : Provided, that the justices of the county court in such case shall not exceed three in number. Sec. 9. Township organization discontinued, how. — In any county which shall have adopted ' ' township organization, ' * the question of con- CONSTITUTION. 15 tinuing the same may be submitted to a vote of electors of such county at a general election, in the manner that shall be provided by law; and if a majority of all the votes cast upon that question shall be against township organization, it shall cease in said county; and all laws in force in relation to counties not having township orggmization shall im- mediately take effect and be in force in such county. [No similar section in Const. 1865.] Sec. 10. Election of sheriff and coroner. — There shall be elected by the qualified voters in each county on the first Tuesday next follow- ing the first Monday in November, A. D. 1908, and thereafter every four years, a sheriff and coroner. They shall serve for four years and until their successors be duly elected and qualified, unless sooner removed for malfeasance in office. Before entering on the duties of their office, they shall give security in the amount and in such manner as shall be pre- scribed by law, and shall be eligible only four years in any one period. Whenever a county shall be hereafter established, the governor shall appoint a sheriff and coroner therein, who shall continue in office until the next succeeding general election and until their successors shall be duly elected and qualified. Sec. 11. Sheriff and coroner — vacancy in office. — Whenever a vacancy shall happen in the office of sheriff or coroner, the same shall be filled by the county court. If such vacancy happen in the office of sheriff more than nine months prior to the time of holding a gen- eral election, such county court shall immediately order a special elec- tion to fill the same, and the person by it appointed shall hold office until the person chosen at such election shall be duly qualified ; other- wise, the person appointed by such county court shall hold office until the person chosen at such general election shall be duly qualified. If any vacancy happen in the office of coroner, the same shall be filled for the remainder of the term by such county court. No person elected or appointed to fill a vacancy in either of said offices shall thereby be rendered ineligible for the next succeeding term. [Same in substance as Sec 23, Art. 5, Const. 1865.] ARTICLE XV. MODE OF AMENDING THE CONSTITUTION. Section 1. Constitution, how amended. — This Constitution may be amended and revised only in pursuance of the provisions of this article. [Same In substance as Sec. 1, Art. 12, Const. 1865.] Sec. 2. General assembly may propose amendments — ^how pub- lished — submitted to vote. — The general assembly may, at any time, propose such amendments to this Constitution as a majority of the members elected to each house shall deem expedient; and the vote thereon shall be taken by yeas and nays, and entered in full on the journals. The proposed amendments shall be published with the laws 16 ELECTION LAWS. of that session, and also shall be published weekly in some newspaper, if such there be, within each county in the stat€, for four consecutive weeks next preceding the general election then next ensuing. The proposed amendments shall be submitted to a vote of the people, each amendment separately, at the next general election thereafter, in such manner as the general assembly may provide. If a majority of the qualified voters of the state, voting for and against any one of said amendments, shall vote for such amendment, the same shall be deemed and taken to have been ratified by the people, and shall be valid and binding, to all intents and purposes, as a part of this Constitution. [Same in substance as Sec. 2, Art. 12, Const. 1865.] Sec. 3. Constitution, how revised and amended by convention, etc. The general assembly may at any time authorize, by law, a vote of the people to be taken upon the question whether a convention shall be held for the purpose of revising and amending the Constitution of this state; and if at such election a majority of the votes on the question be in favor of a convention, the governor shall issue writs to the sheriffs of the different counties, ordering the election of delegates to such a convention, on a day not less than three and within six months after that on which the said question shall have been voted on. At such election each senatorial district shall elect two delegates for each senator to which it may then be entitled in the general assembly, and every such delegate shall have the qualifications of a state senator. The election shall be conducted in conformity with the laws regulating the election of senators. The delegates so elected shall meet at such time and place as may be provided by law, and organize themselves into a convention, and proceed to revise and amend the Constitution; and the Constitution, when so revised and amended, shall, on a day to be therein fixed, not less than sixty days or more than six months after that on which it shall have been adopted by the convention, be submitted to a vote of the people for and against it, at an election to be held for that purpose; and if a majority of all the \otes given be in favor of such Constitution, it shall, at the end of thirty days after such election, become the Constitution of this state. The result of such election shall be made known by proclamation by the governor. The general assembly shall have no power, otherwise than in this section specified, to authorize a convention for revising and amending the Constitution. [Same in substance as Sec. 3, Art. 12, Const. 1865.] NATURALIZATION LAWS AND REGULATIONS (AOT APPROVED JUNE 29, 1906.) Sec. 3. That exclusive jurisdiction to naturalize aliens as citizens of the United States is hereby conferred upon the following specified courts : United States circuit and district courts now existing, or which may hereafter be established by congress in any state, United States district courts for the territories of Arizona, New Mexico, Oklahoma, Hawaii and Alaska, the supreme court of the District of Columbia, and the United States courts for the Indian Territory ; also, all courts of record in any state or territory now existing, or which may here- after be created, having a seal, a clerk, and jurisdiction in actions at law or equity, or law and equity, in which the amount in controversy is unlimited. That the naturalization jurisdiction of all courts herein specified, state, territorial, and federal, shall extend only to aliens resident with- in the respective judicial districts of such courts. The courts herein specified shall, upon the requisition of the clerks of such courts, be furnished from time to time by the bureau of im- migration and naturalization with such blank forms as may be re- quired in the naturalization of aliens, and all certificates of naturaliza- tion shall be consecutively numbered and printed on safety paper fur- nished by said bureau. Sec. 4. That an alien may be admitted to become a citizen of the United States in the following manner and not otherwise: First — He shall declare on oath before the clerk of any court au- thorized by this act to naturalize aliens, or his authorized deputy, in the district in which such alien resides, two years at least prior to his admission, and after he has reached the age of eighteen years, that it is bona fide his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any for- eign prince, potentate, state, or sovereignty, and particularly, by name, to the prince, potentate, state or sovereignty of which the alien may be at the time a citizen or subject. And such declaration shall set forth the name, age, occupation, personal description, place of birth, last foreign residence and allegiance, the date of arrival, the name of the vessel, if any in which he came to the United States, and the pres- ent place of residence in the United States of said alien: Provided, however, that no alien who, in conformity with the law in force at the (17) 18 . ELECTION LAWS. date of his declaration, has declared his intention to become a citizen of the United States, shall be required to renew such declaration. Second — Not less than tw6 years nor more than seven years after he has made such declaration of intention he shall make and file, in duplicate, a petition in writing, signed by the applicant in his own handwriting and duly verified, in which petition such applicant shall state his full name, his place of residence (by street and number, if possible), his occupation, and, if possible, the date and place of his birth; the place from which he emigrated, and the date and place of his arrival in the United States, and, if he entered through a port, the name of the vessel on which he arrived; the time when and the place and name of the court where he declared his intention to be- come a citizen of the United States ; if he is married he shall state the name of his wife and, if possible, the country of her nativity and her place of residence at the time of filing his petition ; and if he has chil- dren, the name, date, and place of birth and place of residence of each child living at the time of the filing of his petition : Provided, that if he has filed his declaration before the passage of this act he shall not be required to sign the petition in his own handwriting. The petition shall set forth that he is not a disbeliever in or op- posed to organized government, or a member of or affiliated with any organization or body of persons teaching disbelief in or opposed to organized government, a polygamist or believer in the practice of polygamy, and that it is his intention to become a citizen of the United States and to renounce absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly by name to the prince, potentate, state or sovereignty of which he at the time of filing of his petition may be a citizen or subject, and that it is his intention to reside permanently within the United States, and whether or not he has been denied admission as a citizen of the United States, and, if denied, the ground or grounds of such denial, the court or courts in which such decision was rendered, and that the cause for such denial has since been cured or removed, and every fact material to his naturalization and required to be proved upon the final hearing of his application. The petition shall also be verified by the affidavits of at least two credible witnesses, who are citizens of the United States, and who shall state in their affidavits that they have personally known the ap- plicant to be a resident of the United States for a period of at least five years continuously, and of the state, territory, or district in which the application is made for a period of at least one year immediately preceding the date of the filing of his petition, and that they each have personal knowledge that the petitioner is a person of good moral char- acter, and that he is in every way qualified, in their opinion, to be ad- mitted as a citizen of the United States. At the time of filing his petition there shall be filed with the clerk of the court a certificate from the department of commerce and labor, if the petitioner arrives in the United States after the passage of this act, stating the date, place and manner of his arrival in the United FEDERAL NATURALIZATION LAWS. 19 States, and the declaration of intention of such petitioner, which cer- tificate and declaration shall be attached to and made a part of said petition. Third — ^He shall, before he is admitted to citizenship, declare on oath in open court that he will support the Constitution of the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to any foreign prince, potentate, state or sov- ereignty, and particularly by name to the prince, potentate, state, or sovereignty of which he was before a citizen or subject; that he will support and defend the Constitution and laws of the United States against all enemies, foreign and domestic and bear true faith and al- legiance to the same. Fourth — It shall be made to appear to the satisfaction of the court admitting any alien to citizenship that immediately preceding the date of his application he has resided continuously within the United States five years at least, and within the state or territory where such court is at the time held one year at least, and that during that time he has behaved as a man of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same. In addition to the oath of the applicant, the testimony of at least two witnesses, citi- zens of the United States, as to the facts of residence, moral character and attachment to the principles of the Constitution shall be required, and the name, place of residence, and occupation of each witness shall be set forth in the record. Fifth — In case the alien applying to be admitted to citizenship has borne any hereditary title, or has been of any of the orders of nobility in the kingdom or state from which he came, he shall, in ad- dition to the above requisites, make an express renunciation of his title or order of nobility in the court to which his application is made, and his renunciation shall be recorded in the court. Sixth — "When any alien who has declared his intention to become a citizen of the United States dies before he is actually naturalized the widow and minor children of such alien may, by complying with the other provisions of this act, be naturalized without making any declaration of intention. Sec. 5. That the clerk of the court shall, immediately after filing the petition, give notice thereof by posting in a public and conspicuous place in his office, or in the building in which his office is situated, under an appropriate heading, the name, nativity and residence of the alien, the date and place of his arrival in the United States, and the date, as nearly as may be, for the final hearing of his petition, and the names of the "witnesses whom the applicant expects to summon in his behalf; and the clerk shall, if the applicant requests it, issue a sub- poena for the witnesses so named by the said applicant to appear upon the day set for the final hearing, but in case such witnesses can not be produced upon the final hearing other witnesses may be summoned. Sec. 6. That petitions for naturalization may be made and filed during term time or vacation of the court and shall be docketed the 20 ELECTION LAWS. 0ame day as filed, but final action thereon shall be had only on stated days, to be fixed by rule of the court, and in no case shall final action be had upon a petition until at least ninety days have elapsed after filing and posting the notice of such petition: Provided, that no per- son shall be naturalized nor shall any certificate of naturalization be issued by any court within thirty days preceding the holding of any general election within its territorial jurisdiction. It shall be lawful, at the tini« and as a part of the naturalization of any alien, for the court, in its discretion, upon the petition of such alien, to make a de- cree changing the name of said alien, and his certificate of naturaliza- tion shall be issued to him in accordance therewith. Sec. 7. That no person who disbelieves in or who is opposed to organized government, or who is a member of or affiliated with any organization entertaining and teaching such disbelief in or opposition to organized government, or who advocates or teaches the duty, neces- sity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the government of the United States, or of any other organized govern- ment, because of his or their official character, or who is a polygamist, shall be naturalized or be made a citizen of the United States. Sec. 8. That no alien shall hereafter be naturalized or admitted as a citizen of the United States who can not speak the English lan- guage : Provided, that this requirement shall not apply to aliens who are physically unable to comply therewith if they are otherwise quali- fied to become citizens of the United States; and provided further^ that the requirements of this section shall not apply to any alien who has prior to the passage of this act declared his intention to become a citizen of the United States in conformity with the law in force at the date of making such declaration: Provided further, that the re- quirements of section eight shall not apply to aliens who shall hereafter declare their intention to become citizens and who shall make home- stead entries upon the public lands of the United States and comply in all respects with the laws providing for homestead entries on such lands. Sec. 9. That every final hearing upon such petition shall be had in open court before a judge or judges thereof, and every final order which may be made upon such petition shall be under the hand of the court and entered in full upon a record kept for that purpose, and upon such final hearing of such petition the applicant and witnesses shall be examined under oath before the court and in the presence of the court. Sec. 10. That in case the petitioner has not resided in the state, territory, or district for a period of five years continuously and im- mediately preceding the filing of his petition he may establish by two witnesses, both in his petition and at the hearing, the time of his resi- dence within the state, provided that it has been for more than one year, and the remaining portion of his five years' residence within the United States required by law to be established may be proved by the depositions of two or more witnesses who are citizens of the United States, upon notice to the bureau of immigration and naturalization FEDERAL NATURALIZATION LAWS. 21 and the United States attorney for the district in which said witnesses may reside. Sec. 11. That the United States shall have the right to appear be- fore any court or courts exercising jurisdiction in naturalization pro- ceedings for the purpose of cross-examining the petitioner and the witnesses produced in support of his petition concerning any matter touching or in any way affecting his right to admission to citizenship, and shall have the right to call witnesses, produce evidence, and be heard in opposition to the granting of any petition in naturalization proceedings. Sec. 12. That it is hereby made the duty of the clerk of each and every court exercising jurisdiction in naturalization matters under the provisions of this act to keep and file a duplicate of each declaration of intention made before him and to send to the bureau of immigration and naturalization at Washington, within thirty days after the issu- ance of a certificate of citizenship, a duplicate of such certificate, and to make and keep on file in his office a stub for each certificate so is- sued by him, whereon shall be entered a memorandum of all the essen- tial facts set forth in such certificate. It shall also be the duty of the clerk of each of said courts to report to the said bureau, within thirty days after the final hearing and decision of the court, the name of each and every alien who shall be denied naturalization, and to furnish to said bureau duplicates of all petitions within thirty days after the fil- ing of the same, and certified copies of such other proceedings and or- ders instituted in or issued out of said court affecting or relating to the naturalization of aliens as may be required from time to time by the said bureau. In case any such clerk or officer acting under his direction shall refuse or neglect to comply with any of the foregoing provisions he shaU forfeit and pay to the United States the sum of twenty-five dol- lars in each and every case in which such violation or omission occurs, and the amount of such forfeiture may be recovered by the United States in an action of debt against such clerk. Clerks of courts having and exercising jurisdiction in naturaliza- tion matters shall be responsible for all blank certificates of citizen- ship received by them from time to time from the bureau of immi- gration and naturalization, and shall account for the same to the said bureau whenever required so to do by such bureau. No certificate of citizenship received by any such clerk which may be defaced or in- jured in such manner as to prevent its use as herein provided shall in any case be destroyed, but such certificate shall be returned to the said bureau ; and in case any such clerk shall fail to return or properly account for any certificate furnished by the said bureau, as herein pro- vided, he shall be liable to the United States in the sum of fifty dollars, to be recovered in an action of debt, for each and every certificate not properly accounted for or returned. Sec. 13. That the clerk of each and every court exercising juris- diction in naturalization cases shall charge, collect and account for the following fees in each proceeding : 22 ELECTION LAWS. For receiving and filing a declaration of intention and issuing a duplicate thereof, one dollar. For making, filing and docketing the petition of an alien for ad- mission as a citizen of the United States and for the final hearing there- on, two dollars; and for entering the final order and the issuance of the certificate of citizenship thereunder, if granted, two dollars. The clerk of any court collecting such fees is hereby authorized to retain one-half of the fees collected by him in such naturalization pro- ceeding; the remaining one-half of the naturalization fees in each case collected by such clerks, respectively, shall be accounted for in their quarterly accounts, which they are hereby required to render the bureau of immigration and naturalization, and paid over to such bu- reau within thirty days from the close of each quarter in each and every fiscal year, and the moneys so received shall be paid over to the disbursing clerk of the department of commerce and labor, who shall thereupon deposit them in the treasury of the United States, render- ing an account therefor quarterly to the auditor for the state and other departments, and the said disbursing clerk shall be held respon- sible under his bond for said fees so received. In addition to the fees herein required, the petitioner shall, upon the filing of his petition to become a citizen of the United States, de- posit with and pay to the clerk of the court a sum of money sufficient to cover the expenses of subpoenaing and paying the legal fees of any witnesses for whom he may request a subpoena, and upon the final dis- charge of such witnesses they shall receive, if they demand the same from the clerk, the customary and usual witness fees from the moneys which the petitioner shall have paid to such clerk for such purpose, and the residue, if any, shall be returned by the clerk to the petitioner : Provided, that the clerks of courts exercising jurisdiction in naturali- zation proceedings shall be permitted to retain one-half of the fees in any fiscal year up to the sum of three thousand dollars, and that all fees received by such clerks in naturalization proceedings in excess of such amount shall be accounted for and paid over to said bureau as in case of other fees to which the United States may be entitled under the provisions of this act. The clerks of the various courts exercising jurisdiction in naturalization proceedings shall pay all additional clerical force that may be required in performing the duties imposed by this act upon the clerks of courts from fees received by such clerks in naturalization proceedings. And in case the clerk of any court col- lects fees in excess of the sura of six thousand dollars in any one year, the secretary of commerce and labor may allow to such clerk from the money which the United States shall receive, additional compensation for the employment of additional clerical assistance, but for no other purpose, if in the opinion of the said secretary the business of such clerk warrants such allowance. Sec. 14. That the declarations of intention and the petitions for naturalization shall be bound in chronological order in separate vol- umes, indexed, consecutively numbered, and made part of the records of the court. Each certificate of naturalization issued shall bear upon FEDERAL NATURALIZATION LAWS. 23 its face, in a place prepared therefor, the volume number and page number of the petition whereon such certificate was issued, and the volume number and page number of the stub of such certificate. Sec. 15. That it shall be the duty of the United States district attorneys for the respective districts, upon affidavit showing good cause therefor, to institute proceedings in any court having jurisdic- tion to naturalize aliens in the judicial district in which the naturalized citizen may reside at the time of bringing the suit, for the purpose of setting aside and canceling the certificate of citizenship on the ground of fraud or on the ground that such certificate of citizenship was il- legally procured. In any such proceedings the party holding the cer- tificate of citizenship alleged to have been fraudulently or illegally procured shall have sixty days personal notice in which to make an- swer to the petition of the United States; and if the holder of such certificate be absent from the United States or from the district in which he last had his residence, such notice shall be given by publica- tion in the manner provided for the service of summons by publication or upon absentees by the laws of the state or the place where such suit is brought. If any alien who shall have secured a certificate of citizenship under the provisions of this act shall, within five years after the is- suance of such certificate, return to the country of his nativity, or go to any other foreign country, and take permanent residence therein, it shall be considered prima facie evidence of a lack of intention on the part of such alien to become a permanent citizen of the United States at the time of filing his application for citizenship, and, in the ab- sence of countervailing evidence, it shall be sufficient in the proper proceeding to authorize the cancellation of his certificate of citizen- ship as fraudulent, and the diplomatic and consular offices of the United States in foreign countries shall from time to time, through the department of state, furnish the department of justice with the names of those within their respective jurisdictions who have such certificates of citizenship and who have taken permanent residence in the country of their nativity, or in any other foreign country, and such statements, duly certified, shall be admissible in evidence in all courts in proceedings to cancel certificates of citizenship. Whenever any certificate of citizenship shall be set aside or can- celed, as herein provided, the court in which such judgment or decree is rendered shall make an order canceling such certificate of citizen- ship and shall send a certified copy of such order to the bureau of im- migration and naturalization; and in case such certificate was not originally issued by the court making such order it shall direct the clerk of the court to transmit a copy of such order and judgment to the court out of which such certificate of citizenship shall have been originally issued. And it shall thereupon be the duty of the clerk of the court receiving such certified copy of the order and judgment of the court to enter the same of record and to cancel such original cer- tificate of citizenship upon the records and to notify the bureau of im- migration and naturalization of such cancellation. 24 ELECTION LAWS. The proYisions of this section shall apply not only to certificates of citizenship issued under the provisions of this act, but to all certifi- cates of citizenship which may have been issued heretofore by any court exercising jurisdiction in naturalization proceedings under prior laws. Sec. 16. That every person who falsely makes, forges, counter- feits, or causes or procures to be falsely made, forged, or counterfeited, or knowingly aids or assists in falsely making, forging or counterfeit- ing any certificate of citizenship, with intent to use the same, or with the intent that the same may be used by some other person or persons, shall be guilty of a felony, and a person convicted of such offense shall be punished by imprisonment for not more than ten years, or by a fine of not more than ten thousand dollars, or by both such fine and im- prisonment. Sec. 17. That every person who engraves or causes or procures to be engraved, or assists in engraving, any plate in the likeness of any plate designed for the printing of a certificate of citizenship, or who sells any such plate, or who brings into the United States from any foreign place any such plate, except under the direction of the secre- tary of commerce and labor, or other proper officer, and any person who has in his control, custody or possession any metallic plate en- graved after the similitude of any plate from which any such certifi- cate has been printed, with intent to use such plate or suffer the same to be used in forging or counterfeiting any such certificate or any part thereof; and every person who prints, photographs, or in any other manner causes to be printed, photographed, made or executed, any print or impression in the likeness of any such certificate, or any part thereof, or who sells any such certificate, or brings the same into the United States from any foreign place, except by direction of some proper officer of the United States, or who has in his possession a distinctive paper which has been adopted by the proper officer of the United States for the printing of such certificate, with intent to un- lawfully use the same, shall be punished by a fine of not more than ten thousand dollars, or by imprisonment at hard labor for not more than ten years, or by both such fine and imprisonment. Sec. 18. That it is hereby made a felony for any clerk or other per- son to issue or be a party to the issuance of a certificate of citizenship contrary to the provisions of this act, except upon a final order under the hand of a court having jurisdiction to make such order, and upon conviction thereof such clerk or other person shall be punished by im- prisonment for not more than five years and by a fine of not more than five thousand dollars, in the discretion of the court. Sec. 19. That every person who without lawful excuse is pos- sessed of any blank certificate of citizenship provided by the bureau of immigration and naturalization, with intent unlawfully to use the same, shall be imprisoned at hard labor not more than five years or be fined not more than one thousand dollars. Sec. 20. That any clerk or other officer of a court having power under this act to naturalize aliens, who willfully neglects to render true accounts of moneys received by him for naturalization proceed- FEDERAL NATURALIZATION LAWS. 25 ings, or who willfully neglects to pay over any balance of such moneys due to the United States within thirty days after said payment shall become due and demand therefor has been made and refused, shall be deemed guilty of embezzlement of the public moneys, and shall be punishable by imprisonment for not more than five years, or by a fine of not more than five thousand dollars, or both. Sec. 21. That it shall be unlawful for any clerk of any court or his authorized deputy or assistant exercising jurisdiction in naturaliza- tion proceedings to demand, charge, collect, or receive any other or ad- ditional fees or moneys in naturalization proceedings save the fees and moneys herein specified ; and a violation of any of the provisions of this section or any part thereof is hereby declared to be a misdemeanor and shall be punished by imprisonment for not more than two years, or by a fine of not more than one thousand dollars, or by both such fine and imprisonment. Sec. 22. That the clerk of any court exercising jurisdiction in naturalization proceedings, or any person acting under authority of this act, who shall knowingly certify that a petitioner, affiant, or wit- ness named in an affidavit, petition or certificate of citizenship, or other paper or writing required to be executed under the provisions of this act, personally appeared before him and was sworn thereto, or acknowledged the execution thereof or signed the same, when in fact such petitioner, affiant or witness did not personally appear before him, or was not sworn thereto, or did not execute the same, or did not acknowledge the execution thereof, shall be punished by a fine not exceeding five thousand dollars, or by imprisonment not to exceed five years. Sec. 23. That any person who knowingly procures naturalization in violation of the provisions of this act shall be fined not more than five thousand dollars, or shall be imprisoned not more than five years, or both, and upon conviction the court in which such conviction is had shall thereupon adjudge and declare the final order admitting such person to citizenship void. Jurisdiction is hereby conferred on the courts having jurisdiction of the trial of such offense to make such adjudication. Any person who knowingly aids, advises or encourages any person not entitled thereto to apply for or to secure naturaliza- tion, or to file the preliminary papers declaring an intent to become a citizen of the United States, or who in any naturalization proceeding knowingly procures or gives false testimony as to any material fact, or who knowingly makes an affidavit false as to any material fact re- quired to be proved in such proceeding, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both. Sec. 24. That no person shall be prosecuted, tried or punished for any crime arising under the provisions of this act unless the indict- ment is found or the information is filed within five years next after the commission of such crime. Sec. 25. That for the purpose of the prosecution of all crimes and offenses against the naturalization laws of the United States which may have been committed prior to the date when this act shall go into 26 ELECTION LAWS. effect, the existing naturalization laws shall remain in full force and effect. Sec. 27. That substantially the following forms shall be used in the proceedings to which they relate : DECLARATION OF INTENTION. (Invalid for all purposes seven years after the date hereof.) I, , aged years> occupation , do declare on oath (aflflrm) that my personal description is: Color , complexion , height , weight , color of hair , color of eyes , other visible distinctive marks ; I was born in on the day of , anno domini ; I now reside at ; I emigrated to the United States of America from on the vessel ; my last foreign residence was . It is my bona fide intention to renounce forever all al- legiance and fidelity to any foreign prince, potentate, state, or sovereignty, and par- ticularly to , of which I am now a citizen (subject) ; I arrived at the (port) of , in the state (territory or district) of on or about the day of anno domini ; I am not an anarchist; I am not a polygamist nor a believer in the practice of polygamy; and it is my intention in good faith to become a citizen of the United States of America and to permanently reside therein. So help me God. (Original signature of declarant) . Subscribed and sworn to (affirmed) before me this day of , anno domini [L. S.] (Official character of attestor.) PETITION FOR NATURALIZATION. Court of . In the matter of the petition of to be admitted as a citizen of the United States of America. To the Court: The petition of respectfully shows : First. My full name is . Second. My place of residence is number street, city of , state (territory or district) of . Third, My occupation is . Fourth. I was born on the day of at . Fifth. I emigrated to the United States from , on or about the day of , anno domini , and arrived at the port of , in the United States, on the vessel . Sixth. I declared my intention to become a citizen of the United States on the day of at , in the court of . Seventh. I am — married. My wife's name is . She was bom In and now resides at . I have children, and the name, date, and place of birth and place of residence of said children is as follows: ; Eighth. I am not a disbeliever in or opposed to organized government or a mem- ber of or affiliated with any organization or body of persons teaching disbelief in or- ganized government. I am not a polygamist nor a believer in the practice of polygamy, I am attached to the principles of the Constitution of the United States, and it is my Intention to become a citizen of the United States and to renounce absolutely and for- ever all allegiance and fidelity to any foreign prince, potentate, State, or sovereignty, and particularly to , of which at this time I am a citizen (or subject), and it is my intention to reside permanently in the United States. Ninth. I am able to speak the English language. Tenth, I have resided continuously in the United States of America for a term of five years at least immediately preceding the date of this petition, to wit, since FEDERAL NATURALIZATION LAWS. 27 anno domini , and In the state (territory or district) of for one year at least next preceding the date of this petition, to wit, since day of , anno domini . Eleventh. I have not heretofore made petition for citizenship to any court. (I made petition for citizenship to the court of at , and the said petition was denied by the said court for the following reasons and causes, to wit, , and the cause of such denial has since been cured or removed). Attached hereto and made a part of this petition are my declaration of Intention to become a citizen of the United States and the certificate from the department of commerce and labor required by law. Wherefore your petitioner prays that he may be admitted a citizen of the United States of America. Dated . (Signature of petitioner) , being duly sworn, deposes and says that he is the petitioner In the above entitled proceeding; that he has read the foregoing petition and knows the contents thereof; that the same is true of his own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true. Subscribed and sworn to before me this day of , anno domini w [L. S.] Clerk of the Court AFFIDAVIT OF WITNESSES. Court of In the matter of the petition of to be admitted a citizen of the United States of America. . occupation , residing at , and , occupation , residing at , each being severally, duly and respectively sworn, deposes and says that he is a citizen of the United States of America; that he has personally known , the petitioner above mentioned, to be a resident of the United States for a period of at least five years continuously Immediately preceding the date of filing his petition, and of the state (territory or district) in which the above en- titled application is made for a period of years Immediately preceding the date of filing his petition and that he has personal knowledge that the said petitioner is a person of good moral character, attached to the principles of the Constitution of the United States, and that he is in every way qualified, in his opinion, to be admitted as a citizen of the United Statea Subscribed and sworn to before me this day of , nineteen hundred and [L. S.] Number (Oflficial character of attestor.) CERTIFICATE OF NATURALIZATION. Petition, volume , page — . Stub, volume , page . (Signature of holder) . Description of holder: Age, ; height, ; color, ; complexion, — ; color of eyes, ; color of hair, ; visible distinguishing marks, — . Name, age, and place of residence of wife, , , . Names, a^es, and places of residence of minor children. 28 ELECTION LAWS. Be It remembered, that at a term of the court of — , held at on the day of , in the year of our Lord nineteen hundred and , , who previous to his (her) naturalization was a citizen or subject of , at present residing at number street, city (town), state (territory or district), having applied to be admitted a citizen of the United States of America pursuant to law, and the court having found that the petitioner had resided continuously within the United States for at least five years and In this state for one year immediately preceding the date of the hearing of his (her) petition, and that said petitioner intends to reside permanently in the United States, had in all respects complied with the law in relation thereto, and that — he was en- titled to be so admitted, it was thereupon ordered by the said court that — ^he be admitted as a citizen of the United States of America. In testimony whereof the seal of said court is hereunto affixed on the day of , in the year of our Lord nineteen hundred and and of our Inde- pendence the . [L. S.] , ' ' (Official character of attestor.) STUB OF CERTIFICATE OF NATURALIZATION. No. of certificate, . Name ; age, . Declaration of Intention, volume , page . Petition, volume , page . Name, age, and place of residence of wife, , , . Names, ages, and places of residence of minor children, , , ; , , Date of order, volume , page . (Signature of holder) Sec. 28. That the secretary of commerce and labor shall have power to make such rules and regulations as may be necessary for properly carrying into execution the various provisions of this act. Certified copies of all papers, documents, certificates, and records re- quired to be used, filed, recorded or kept under any and all of the provisions of this act shall be admitted in evidence equally with the originals in any and all proceedings under this act and in all cases in which the originals thereof might be admissible as evidence. Sec. 30. That all the applicable provisions of the naturalization laws of the United States shall apply to and be held to authorize the admission to citizenship of all persons not citizens who owe perma- nent allegiance to the United States, and who may become residents of any state or organized territory of the United States with the fol- lowing modifications: The applicant shall not be required to re- nounce allegiance to any foreign sovereignty ; he shall make his decla- ration of intention to become a citizen of the United States at least two years prior to his admission ; and residence within the jurisdiction of the United States, owing such permanent allegiance shall be re- garded as residence within the United States within the meaning of the five years* residence clause of the existing law. (United States Revised Statutes — Title, Naturalization.) Sec. 2166. Any alien, of the age of twenty-one years and upward, who has enlisted, or may enlist, in the armies of the United States, either the regular or the volunteer forces, and has been, or may be FEDERAL NATURALIZATION LAWS. 29 hereafter, honorably discharged, shall be admitted to become a citizen of the United States, upon his petition, without any previous declara- tion of his intention to become such ; and he shall not be required to prove more than one year's residence within the United States pre- vious to his application to become such citizen; and the court admit- ting such alien shall, in addition to such proof of residence and good moral character, as now provided by law, be satisfied by competent proof of such person's having been honorably discharged from the service of the United States. Sec. 2169. (As amended, 1875) — The provisions of this title shall apply to aliens being free white persons, and to aliens of African na- tivity and to persons of African descent. Sec. 2171. No alien who is a native citizen or subject, or a denizen of any country, state or sovereignty with which the United States are at war, at the time of his application, shall be then admitted to become a citizen of the United States ; but persons resident within the United States, or the territories thereof, on the eighteenth day of June, in the year one thousand eight hundred and twelve, who had before that day made a declaration, according to law, of their intention to become citi- zens of the United States, or who were on that day entitled to become citizens without making such declaration, may be admitted to become citizens thereof, notwithstanding they were alien enemies at the time and in the manner prescribed by the laws heretofore passed on that subject; nor shall anything herein contained be taken or construed to interfere with or prevent the apprehension and removal, agreeably to law, of any alien enemy at any time previous to the actual naturali- zation of such alien. Sec. 2172. The children of persons who have been duly natural- ized under any law of the United States, or who, previous to the pass- ing of any law on that subject, by the government of the United States, may have become citizens of any one of the states, under the laws thereof, being under the age of twenty-one years at the time of the naturalization of their parents, shall, if dwelling in the United States, be considered as citizens thereof; and the children of persons who now are, or have been, citizens of the United States, shall, though born out of the limits and jurisdiction of the United States, be considered as citizens thereof ; but no person heretofore proscribed by any state, or who has been legally convicted of having joined the army of Great Britain during the revolutionary war, shall be admitted to become a citizen without the consent of the legislature of the state in which such person was proscribed. Sec. 2174. Every seaman, being a foreigner, who declares his in- tention of becoming a citizen of the United States in any competent court, and shall have served three years on board of a merchant vessel of the United States subsequent to the date of such declaration, may, on his application to any competent court, and the production of his <;ertificate of discharge and good conduct during that time, together with the certificate of his declaration of intention to become a citizen, be admitted a citizen of the United States and every seaman, being a 30 ELECTION LAWS. foreigner, shall, after his declaration of intention to become a citizen of the United States, and after he shall have served such three years, be deemed a citizen of the United States for the purpose of manning and serving on board any merchant vessel of the United States, any- thing to the contrary in any act of congress notwithstanding ; but such seaman shall, for all purposes of protection as an American citizen, be deemed such, after the filing of his declaration of intention to become such citizen. [Act of May 6, 1882, Chap. 126, Sec. 14, 22 Stat. 61.] Sec. 14. That hereafter no state court or court of the United States shall admit Chinese to citizenship ; and all laws in conflict with this act are hereby repealed. [Act of July 26, 1894, Chap. 165, 28 Stat. 124.] Any alien of the age of twenty-one years and upward who has enlisted or may enlist in the United States navy or marine corps, and has served or may hereafter serve five consecutive years in the United States navy or one enlistment in the United States marine corps, and has be«n or may hereafter be honorably discharged, shall be admitted to become a citizen of the United States upon his petition, without any previous declaration of his intention to become such ; and the court admitting such alien shall, in addition to proof of good moral char- acter, be satisfied by competent proof of such person's service in and honorable discharge from the United States navy or marine corps. [Stat. 1905-6, Part I, p. 630.] Naturalization certificates issued after the act approved Marck third, nineteen hundred and three, entitled *'An act to regulate the immigration of aliens into the United States," went into effect, which fail to show that the courts issuing said certificates, complied with the requirements of section thirty-nine of said act, but which were otherwise lawfully issued, are hereby declared to be as valid as though said certificates complied with said section : Provided, that in all such cases applications shall be made for new naturalization certificates, and when the same are granted, upon compliance with the provisions of said act of nineteen hundred and three, they shall relate back to the defective certificates, and citizenship shall be deemed to have been per- fected at the date of the defective certificate. Sec 2. All the records relating to naturalization, all declarations of intention to become citizens of the United States, and all certificates of naturalization filed, recorded, or issued prior to the time when this act takes effect in or from the criminal court of Cook county, Illinois, shall for all purposes be deemed to be and to have been made, filed, recorded, or issued by a court with jurisdiction to naturalize aliens, but shall not be by this act further validated or legalized. Note.— As to manner of acquiring citizenship by other means than naturalization, see Sees. 1992 to 1995, Inclusive, of the United States Revised Statutes. ELECTION LAWS OF MISSOURI CHAPTER 2— ARTICLE XHI. PUBLIC ADMINISTRATORS. Sec. 299. To be elected, when — oath and bond. — Every county in this state, and the city of St. Louis, shaU elect a public administrator at the general election in the year 1880, and every four years there- after, who shaU he ex officio public guardian and curator in and for his county. Before entering on the duties of his office, he shall take the oath required by the Constitution, and enter into bond to the state of Missouri in a sum not less than ten thousand dollars, with two or more securities, approved by the court and conditioned that he wiU faithfully discharge all the duties of his office, which said bond shall be given and oath of office taken on or before the first day of January fol- lowing his election, and it shall be the duty of the judge of the court to require the public administrator to make a statement annually, under oath, of the amount of property in his hands or under his control as such administrator, for the purpose of ascertaining the amount of bond necessary to secure such property ; and the court may from time to time, as occasion shall require, demand additional security of such adminis- trator, and, in default of giving the same within twenty days after such demand, may remove the administrator and appoint another. (R. S, 1899, § 289.) CHAPTER 10— ARTICLE H. CIRCUIT AND PROSECUTING ATTORNEYS. Sec. 975. Election of circuit attorney for city of St. Louis. — At the general election to be held in this state in the year 1892, and every four years thereafter, there shall be elected in the city of St. Louis one circuit attorney, who shall reside in said city, and shall possess the same qualifications and be subject to the same duties that are prescribed by this article for prosecuting attorneys throughout the state, and it shall be the duty of the city register of said city to transmit to the secretary of state an abstract of the votes given for each candidate for circuit at- torney in said city, in the same manner as is required by law of clerks of county courts. (R. S. 1899, § 4959, amended. Laws 1907, p. 70.) (31) 32 ELECTION LAWS. Sec. 976. Prosecuting and assistant prosecuting attorney of St. Louis. — At the general election to be held in this state in the year 1890,. and every four years thereafter, there shall be elected in the city of St. Louis, for the St. Louis court of criminal correction, one prosecuting attorney and one assistant prosecuting attorney, who shall reside in said city and shall possess the same qualifications and be subject to the same duties as are now provided by law for the government of said officers; and the duty of transmitting the abstract of the votes by which said officers are elected, heretofore devolving upon the county clerk, sh^U be performed by the register of said city, as provided in section 975. (R. S. 1899, § 4961.) Sec. 1000. Election and qualifications of prosecuting attorneys. — At the general election to be held in this state in the year A. D. 1880, and every two years thereafter, there shall be elected, in each county of this state, a prosecuting attorney, who shall be a person learned in the law, duly licensed to practice as an attorney at law in this state and enrolled as such, at least twenty-one years of age, and shall hold his office for two years, and until his successor is elected, commissioned and qualified. (R. S. 1899, § 4944.) Sec. 1002. Election of. — Elections under this chapter shall be gov- erned by the general law regulating elections. (R. S. 1899, § 4946.) Sec. 1003. Duties of county clerk. — The clerk of the county court of each county shall transmit to the secretary of state an abstract of the votes given for each candidate for prosecuting attorney in his county. (R. S. 1899, § 4947.) CHAPTER 23. CLERKS OF COURTS OF RECORD. Sec. 2673. Election — term of office — commission. — ^At the general election in the year eighteen hundred and eighty-two, and every four years thereafter, except as hereinafter provided, the clerks of all courts of record, except of the supreme court, the St. Louis court of appeals, and except as otherwise provided by law, shall be elected by the quali- fied voters of each county and of the city of St. Louis, who shall be commissioned by the governor, and shall enter upon the discharge of their duties on the first Monday in January next ensuing their election, and shall hold their offices for the term of four years, and until their successors shall be duly elected and qualified, unless sooner removed from office. (R. S. 1899, § 513.) CONGRESSIONAL AND ELECTORAL DISTRICTS. 33 CHAPTER 27. CONGRESSIONATi AND ELECTORATE DISTRICTS. SECTION SECTION 2726. state divided Into sixteen districts. 2743. New coxinties. 2727. First district 2744. Electoral districts. 2728. Second district 2745. New apportionment — duty of gov- 2729. Ttiird district ernor. 2730. Fourth district 2746. Notice to be given. 2731. Fiftli district 2747. Election of electors. 2732. Sixtli district 2748. How conducted. 2733. Seventti district 2749. Returns, how certified. 2734. Eighth district 2750. Governor to cast up votes, etc. 2735. Ninth district 2751. Tie vote, how determined. 2736. Tenth district 2752. Governor to notify electors. 2737. Eleventh district 2753. Contested elections. 2738. Twelfth district 2754. List of electors to be delivered. 2739. Thirteenth district etc 2740. Fourteenth district 2755. Compensation of electors. 2741. Fifteenth district 2756. Elector failing to attend, plaoe^ 2742. Sixteenth district how supplied. Sec. 2726. State divided into sixteen congressional districts. — The state of Missouri is hereby divided into sixteen congressional districts, the legal voters of each district to elect one member of congress of the United States. (Laws 1901, p. 87.) Sec. 2727. First district. — The First district shall be composed of the counties of Adair, Clark, Knox, Lewis, Macon, Marion, Putnam, Schuyler, Scotland and Shelby. (Laws 1901, p. 87.) Sec. 2728. Second district.— The Second district shall be com- posed of the counties of Chariton, Carroll, Grundy, Linn, Livingston, Monroe, Randolph and Sullivan. (Laws 1901, p. 87.) Sec. 2729. Third district.— The Third district shall be composed of the counties of Caldwell, Clay, Clinton, DeKalb, Daviess, Gentry, Harrison, Mercer, Ray and Worth. (Laws 1901, p. 87.) Sec. 2730. Fourth district. — The Fourth district shall be com- posed of the counties of Andrew, Atchison, Buchanan, Holt, Nodaway and Platte. (Laws 1901, p. 87.) Sec. 2731. Fifth district.— The Fifth district shall be composed of the county of Jackson. (Laws 1901, p. 87.) Sec. 2732. Sixth district. — The sixth district shall be composed of the counties of Bates, Cass, Cedar, Dade, Henry, Johnson and St. Clair. (Laws 1901, p. 87.) Sec. 2733. Seventh district.— The Seventh district shall be com- posed of the counties of Benton, Greene, Hickory, Howard, Lafayette, Pettis, Polk and Saline. (Laws 1901, p. 87.) Sec. 2734. Eighth district.— The Eighth district shall be com- posed of the counties of Boone, Camden, Cole, Cooper, Miller, Moniteau, Morgan and Osage. (Laws 1901, p. 87.) Sec. 2735. Ninth district. — The Ninth district shall be composed of the counties of Audrain, Callaway, Franklin, Gasconade, Lincoln, Montgomery, Pike, Ralls, St. Charles and Warren. (Laws 1901, p. 87.) E L — 3 34 . ELECTION LAWS. Sec. 2736. Tenth district — The Tenth district shall be composed of the county of St. Louis, and all that portion of the city of St. Louis included in the following wards and part of a ward, to wit : The First, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Nineteenth, Twenty- fourth and Twenty-eighth wards and precinct eleven of the Twenty- seventh ward as said wards and precincts are now constituted. (Laws 1901, p. 87.) Sec. 2737. Eleventh district — The Eleventh district shall be com- posed of all that portion of the city of St. Louis included in the fol- lowing wards and parts of a ward, to wit: The Second, Third, Six- teenth, Seventeenth, Eighteenth, Twentieth, Twenty-first and Twenty- sixth wards and precincts one, two, three, four, five, six, seven, eight, nine and ten of the Twenty-seventh ward as said wards and precincts are now constituted. (Laws 1901, p. 87.) Sec. 2738. Twelfth district.— The Twelfth district shall be com- posed of all that portion of the city of St. Louis included in the fol- lowing ward district, to wit: The Fourth, Fifth, Sixth, Thirteenth, Fourteenth, Fifteenth, Twenty-second, Twenty-third and Twenty-fifth wards as said wards are now constituted. (Laws 1901, p. 87.) Sec. 2739. Thirteenth district. — The Thirteenth district shall be composed of the counties of Carter, Iron, JeJBferson, Reynolds, Madison, Perry, St. Francois, Ste. Genevieve, "Washington, "Wayne and Bollinger. (Laws 1901, p. 87.) Sec. 2740. Fourteenth district. — The Fourteenth district shall be composed of the counties of Butler, Cape Girardeau, Christian, Douglas, Dunklin, Howell, Mississippi, New Madrid, Oregon, Ozark, Pemiscot, Ripley, Scott, Stoddard, Stone and Taney. (Laws 1901, p. 87.) Sec. 2741. Fifteenth district. — The Fifteenth district shall be composed of the counties of Barry, Barton, Jasper, Lawrence, Mc- Donald, Newton and Vernon. (Laws 1901, p. 87.) Sec. 2742. Sixteenth district. — The Sixteenth district shall be composed of the counties of Crawford, Dallas, Dent, Laclede, Maries, Phelps, Pulaski, Texas, Webster, Wright and Shannon. (Laws 1901, p. 87.) Sec. 2743. New counties. — When any new county shall be organ- ized, such county shall constitute and form a portion of the same con- gressional district embracing at the time the county or counties from which such new county shall be organized; and if any such county shall be organized from two or more counties lying in different con- gressional districts, then such county shall form and constitute a part of the congressional district embracing, at the time, the greater portion of the territory constituting such county thus organized. (R. S. 1899, § 6615.) Sec. 2744. Electoral districts. — Hereafter, at all elections held in this state for the offices of president and vice-president of the United States, the electoral districts shall be the same as the congressional dis- tricts into which the state shall be divided, and the same number of elec- tors as there may be districts, shall be chosen by the qualified voters, one of whom shall be a resident of each district ; and in addition thereto, two electors shall be chosen by the state at large. (R. S. 1899, § 6616.) CONGRESSIONAL AND ELECTORIAL DISTRICTS. 35 Sec. 2745. New apportionment — duty of governor. — When any new apportionment shall be made of the members to be elected to the house of representatives of the United States, whereby the number of electors to which this state may be entitled shall be increased or diminished, it shall be the duty of the governor to lay off the state into as many districts as shall be equal to the number of electors to which this state shall then be entitled, so that the said districts contain, as near as may be, an equal number of inhabitants. (R. S. 1899, § 6617.) Sec. 2746. Notice to be given. — It shall be the duty of the gover- nor, whenever he shall exercise the power hereby vested in him, to give notice of the division made by him, by proclamation, to be pub- lished in not to exceed two newspapers in each of said districts in this state, sixty days at least before the first election under such arrange- ment. (R. S. 1899, § 6618.) Sec. 2747. Election of electors. — The qualified voters in each of said districts shall meet at their respective places of holding elections on the first Tuesday after the first Monday of November, in the year one thousand eight hundred and eighty, and on the first Tuesday after the first Monday in November every four years thereafter,, unless the congress of the United States shall appoint a different day; and in that case, on such day as the said congress shall appoint, and shall proceed to elect as many fit persons as the state shall then be entitled to elect, as electors of president and vice-president, one of whom shall be a resident of each dis- trict. (R. S. 1899, § 6619.) Sec. 2748. How conducted. — The election shall be conducted by the judges who may have been appointed to hold the general election for the same year, and under the same regulations, and have the public no- tice thereof given by the sheriff in each county as is or may be required by law regulating such general elections. (R. S. 1899, § 6620.) Sec. 2749. Returns, how certified.— It shall be the duty of the judges of such elections in the different townships to make returns there- of to the clerks of the county courts of their respective counties, within two days after such election, which clerks shall, within eight days after they receive such returns, certify and transmit the same to the governor, by delivering them into the nearest postoffice on the most direct route to the seat of government. If there shall be a failure to receive any of the returns at the seat of government for one mail after the same is due, the secretary of state may dispatch a messenger to the county not returned, with directions to bring up said returns to the governor. (R. S. 1899, § 6621.) Sec. 2750. Governor to cast up votes, etc. — The governor, on re- ceipt of the certificates from the several counties in each district which he may have received within fifteen days after the day of election,, shall immediately add up the vote from the several counties, and the person residing in any one district having the highest number of votes given in the state for any one person residing in the same district, shall by him be declared duly elected elector for said district. (R. S. 1899, § 6622.) 36 ELECTION LAWS. Sec. 2751. Tie vote, how determined. — ^If two or more persons, residing in one district shall have an equal number of votes given in the state, as aforesaid, and more than any other person residing in the same district, the governor shall immediately notify the general afisembly thereof, and such election shall be determined by joint vote of both houses of the general assembly, by choosing one of the persons so hav- ing an equal number of votes. (R. S. 1899, § 6623.) Sec. 2752. Governor to notify electors. — It shall be the duty of the governor, at the expense of the state, in all cases to immediately notify the persons chosen of their election, as soon as the same shall have been ascertained, agreeably to the provisions aforesaid. (R. S. 1899, § 6624.) Sec. 2753. Contested elections. — ^AU contested elections for elec- tors shall be determined by joint vote of both houses of the general aa- sembly, and the proceedings in contesting such election shall be the same, in all respects, as in contested elections for governor. (R. S. 1899, § 6625.) Sec. 2754. List of electors to be delivered, etc. — The governor shall, on or before the meeting of such electors, cause three lists of the names of such electors to be made and delivered to them, as required by act of congress. The persons employed in giving the notices, or convey- ing the returns aforesaid, shall be allowed five cents for every mile such person may travel in going and returning in the performance of any of the services aforesaid, to be audited and paid as other claims. (R. S. 1899, § 6626.) Sec. 2755. Compensation of electors. — The electors shall receive for their services the same compensation as the members of the general assembly, and the governor shall audit their accounts and grant them certificates for the amounts ascertained to be due, which certificates shall be sufficient vouchers to authorize the state auditor to draw his warrant for the amount, which shall be paid out of the state treasury as other demands. (R. S. 1899, § 6627.) Sec. 2756. Elector failing to attend, place, how supplied. — If any of the electors appointed under this chapter shall fail to attend at the seat of government by the hour of two o'clock in the afternoon of the day appointed by act of congress for their meeting, then the electors present may appoint other persons to act as electors in the place of those absent; and if there be a failure to elect, the electors attending at such time and place shall appoint some suitable person or persons, as the case may be, to fill the vacancy or vacancies existing by reason thereof. (R. S. 1899, § 6628.) CHAPTER 28. CONSTABLES. Sec. 2757. Election and official term. — At the general election to be held in 1890, and at each general election every two years thereafter, the qualified voters of each township in every county in this state shall COUNTY TREASURER AND AXn)ITOR. 37 elect a constable, who shall be a resident of the township for which he is elected, and who shall hold his office for two years and until his succes- sor be elected and qualified: Provided, that in townships that now contain or may hereafter contain a city of over one hundred thousand and less than three hundred thousand inhabitants, and which has been or may hereafter be divided into justice of the peace districts, the con- stabulary districts of said township shall be made to conform to and be co-extensive with such justice districts; the county court shall appoint an additional constable for each of said districts, who shall, in addition to his other qualifications as herein provided, be a resident of the dis- trict for which he is appointed or elected, who shall hold his office until the next general election, at which time there shall be elected in all such townships a constable for each of said districts. The judges and clerks of election shall certify the same to the clerk of the county court, and in case of a tie or contested election, it shall be determined by that tribunal. (E. S. 1899, § 877.) CHAPTER 31— ARTICLE I. CIVIL RIGHTS OF CONVICTS. Sec. 2893. Pardon, effect of. — When any person shall be sentenced upon a conviction for any offense, and is thereby, according to the pro- visions of this article, disqualified to be sworn as a witness or juror in any cause, or to vote at any election, or to hold any office of honor, profit or trust within this state, such disabilities may be removed by a pardon by the governor, and not otherwise, except in the case in the next section mentioned. (R. S. 1899, § 2388.) Sec. 2894. Citizenship not lost, when. — If such convict shall have committed the offense while within the age of eighteen years, and such conviction shall be for a first offense, all civil disabilities incurred shall be removed and his competency restored at the expiration of the term of imprisonment to which he shall have been sentenced. (R. S. 1899, § 2389.) CHAPTER 34— ARTICLE VH. COUNTY TREASURERS, FUNDS AND WARRANTS. Sec. 3749. Election of county treasurers. — On the Tuesday after the first Monday in November, 1912, and every four years thereafter, there shall be elected by the qualified voters of the several counties in this state, a county treasurer, who shall be commissioned by the county court of his county, and who shall enter upon the discharge of the duties of his office on the first day of January next succeeding his election, and shall hold his office for a term of four years, and until his suc- cessor is elected and qualified, unless sooner removed from office: Pro- vided, that in counties having adopted, or that may hereafter adopt 38 ELECTION LAWS. township organization, the term of office of said treasurer shall be extended to the first day of April next after the election of his suc- cessor. (R. S. 1899, § 6764, amended. Laws 1907, p. 449; amended, Laws 1911, p. 163.) Sec. 3750. How governed and conducted. — Said elections shall be governed and conducted under the law regulating the election of county officers in said counties. (R. S. 1899, § 6765.) Sec. 3751. Case of tie, how decided. — In case of two or more candi- dates having an equal and the highest number of votes for said office of treasurer, the county court of the proper county shall select the treasurer aforesaid from the persons so tied. (R. S. 1899, § 6766.) CHAPTER 34— ARTICLE IX. COUNTY AUDITOR. Sec. 3818. County auditor in certain counties. — The office of coun- ty auditor is hereby created in all counties in this state in which there is a city now containing or which may hereafter contain fifty thousand inhabitants and less than one hundred and fifty thousand inhabitants. (Laws 1901, p. 103.) Sec. 3819. To be elected at general election — term of office. — At the general election in the year 1902 and every four years thereafter, a county auditor shall be elected by the qualified voters of such coun- ties, who shall be commissioned by the governor and shall enter upon the discharge of his duties on the first Monday in January next en- suing his election, and shall hold his office for the term of four years, and until his successor shall be duly elected and qualified, unless sooner removed from office ; and when any vacancy shall occur in the office by death, resignation, removal, refusal to act or otherwise, it shall be the duty of the governor to fill such vacancy by appointing some eligible person to said office, who shall discharge the duties thereof until the next general election, at which time an auditor shall be chosen for the remainder of the term, who shall hold his office until his successor is duly elected and qualified, unless sooner removed. (Laws 1901, p. 103.) COUNTIES, ORGANIZATION AND BUSINESS MANAGEMENT: County Auditors in Certain Counties. Section 1. County auditors in certain counties — to be elected, when — ^term of office. — At the general election in the year 1916, and every four years thereafter, in counties having a population of more than eighty thousand and less than one hundred and fifty thousand in which the circuit court is held in more than one place, a county auditor shall be elected by the qualified voters, who shall be commissioned by the governor and shall enter upon the discharge of his duties on the first COUNTY TREASURER AND AUDITOR. 39 Monday in January next ensuing his election, and shall hold his office for a term of four years, and until his successor shall be duly elected and qualified, unless sooner removed from office; and when any va- cancy shall occur in the office by death, resignation, removal, refusal to act or otherwise, it shall be the duty of the governor to fill such vacancy by appointing some eligible person to said office, who shall discharge the duties thereof until the next general election, at which time an auditor shall be chosen for the remainder of the term and until his successor is duly elected and qualified, unless sooner removed. (Laws 1913, p. 195.) COURTS OF RECORD, CHAPTER 35— ARTICLE II. SUPREME COURT AND COURTS OF APPEALS. Sec. 3899. Judges of supreme court, when elected. — At the gen- eral election in the year eighteen hundred and eighty, and every two years thereafter, there shall be elected one judge of the supreme court, who shall hold his office for a term of ten years from the first day of January next after his election, and until his successor is duly elected and qualified. (R. S. 1899, § 1634.) Constitutional amendment of 1890, page 103, increased the number of judges from five to seven, Sec. 2 of said amendment providing for the election of the addi- tional judges. Sec. 3907. Judges of St. Louis court of appeals — election and term of office. — At the general election in eighteen hundred and ninety- two, and every four years thereafter, the qualified voters of the counties of * Monroe, Shelby, Knox, Scotland, Clark, Lewis, Marion, Ralls, Pike, Lincoln, Montgomery, Warren, St. Charles, St. Louis, Jefferson, Ste. Genevieve, Perry, Cape Girardeau, Scott, Mississippi, New Madrid, Pemiscot, Dunklin, Stoddard, Wayne, Bollinger, Madison, St. Francois, Washington, Franklin, Crawford, Iron, Reynolds, Carter, Butler, Ripley, Oregon, Shannon, Dent, Phelps, Pulaski, Texas, Howell, Ozark, Wright, Douglas, Laclede, Webster, Christian, Taney, Stone, Greene, Lawrence, Barry, Newton, McDonald and the city of St. Louis, shall elect a judge of the St. Louis court of appeals, who shall be a resident of the district composed of the said counties and city, and who shall hold his office for a term of twelve years, and until his successor is duly elected and qualified. (R. S. 1899, § 1641.) Sec. 3915. Jurisdiction of Kansas City court of appeals. — The jurisdiction of the Kansas City court of appeals shall be co-extensive with all the counties in the state except those embraced in the jurisdic- tion of the St. Louis court of appeals.* (R. S. 1899, § 1649.) Sec. 3916. Audrain county placed within jurisdiction of St. Louis court of appeals. — That the county of Audrain is hereby taken out of the jurisdiction of the Kansas City court of appeals, and the same is hereby placed within the jurisdiction of the St. Louis court of appeals. (R. S. 1899, § 1650.) Sec. 3917. Election of judges, term of office, etc. — At the general election in the year eighteen hundred and eighty-eight, the qualified •Note effecjt of Sees. 3926 and 3928. (40) COURTS OF RECORD. 41 voters of the counties within the jurisdiction of said court of appeals shall elect three judges for said court, who shall determine by lot the duration of their several terms of office, which shall be respectively four, eight and twelve years, and certify the result to the secretary of state; and every four years thereafter one judge of said court shall be elected, to hold his office for the term of twelve years. The term of office of said judges shall begin on the first Monday of January next after their election ; the judge having the oldest license to practice law in this state shall be the presiding judge of said court. (R. S. 1899, § 1651.) Note effect of Sec. 3928. Sec. 3926. Springfield court of appeals created — territorial juris- diction. — There is hereby established at Springfield, Missouri, an ap- pellate court, to be known as the Springfield court of appeals, the juris- diction of which shall be co-extensive with the counties of Barry, Bar- ton, Butler, Camden, Cedar, Carter, Christian, Dade, Dallas, Douglas, Greene, Howell, Hickory, Jasper, Laclede, Lawrence, McDonald, New- ton, Ozark, Oregon, Polk, Pulaski, Phelps, Ripley, St. Clair, Shannon, Stone, Texas, Taney, "Webster, Wright, Dent, Crawford, Maries, Rey- nolds, Iron, Wayne, Bollinger, Scott, Stoddard, Dunklin, Pemiscot, New Madrid and Mississippi. (Laws 1913, p. 205.) Sec. 3928. Limitation of jurisdiction of Kansas City and St. Louis courts of appeals. — The limits of the appellate districts of the St. Louis court of appeals and the Kansas City court of appeals are hereby changed so as to include all counties formerly in said districts except those by section 3926 included in the Springfield court of appeals. (Laws 1909, p. 393.) Sec. 3929. Court to consist of three judges. — The Springfield court of appeals shall consist of three judges, who shall possess the same quali- fications and shall receive the same compensation as the judges of the Kansas City court of appeals, and whose term of office shaU begin on the first Monday in January following their election; they shall be commissioned, and the election returns for such judges shall be made in like manner as judges of the supreme court. (Laws 1909, p. 393.) Sec. 3930. When elected — terms of office. — At the general election in the year 1912, the qualified voters of the counties within the juris- diction of the said Springfield court of appeals shall elect three judges of said court, who shall determine, by lot, the duration of their several terms of office, which shall be respectively four, eight and twelve years, and certify the result to the secretary of state; and every four years thereafter one judge of said court shall be elected to hold his office for the term of twelve years. (Laws 1909, p. 393.) CHAPTER 35— ARTICLE HI. CIRCUIT COURTS. Sec. 3955. Election of circuit judges. — At the general election in the year one thousand nine hundred and four, and at the general elec- tion every sixth year thereafter, all the circuit judges shall be elected, and shall enter upon the duties of their offices on the first Monday in 42 ELECTION LAWS. January next ensuing: Provided, that at the general election in th year nineteen hundred and four, and at the general election ever sixth year thereafter, the judges of the circuit court of Jackson county whose term of office expire in said year one thousand nine hundre and two, shall be elected and shall enter upon the discharge of tt duties of their offices as above provided : Provided further, that then after all judges at Kansas City in Jackson county shall be nominate and elected for certain numbered division in said circuit: Provide further, that nothing contained in this section shall be construed i changing the law now in force concerning the election of circuit judg( in the city of St. Louis and the county of Buchanan. (Laws 191; p. 206.) Sec. 3979. State divided into judicial circuits. — The state is heri by divided into thirty-one judicial circuits, each circuit to consist ( the counties and to be numbered as hereinafter set forth. (R. { 1899, § 1686, amended. Laws 1901, p. 108.) Historical Note.— Since the enactment of this section six new circuits have be( created. Sec. 3980. First circuit. — The first judicial circuit shall consist ( the counties of Lewis, Knox and Adair. (Laws 1913, p. 207.) Sec. 3981. Second circuit. — The second judicial circuit shall co] sist of the counties of Macon and Shelby (Laws 1913, p. 207.) Sec. 3982. Third circuit. — The third judicial circuit shall consi of the counties of Mercer, Harrison, Putnam and Grundy. (R. S. 189 § 1689, amended. Laws 1901, p. 108.) Sec. 3983. Fourth circuit. — The fourth judicial circuit shall co: sist of the counties of Atchison, Gentry, Nodaway, and Worth. (La-v 1913, p. 208.) Sec. 3984. Fifth circuit. — The fifth judicial circuit shall consi of the counties of Andrew, DeKalb, Clinton, Platte, and Holt. (LaT 1913, p. 208.) Sec. 3985. Sixth circuit. — The Sixth judicial circuit shall consi of the county of Buchanan. (R. S. 1899, § 1692, amended, Laws 190 p. 108.) Sec. 3986. Seventh circuit. — The Seventh judicial circuit sha consist of the counties of Carroll, Clay and Ray. (R. S. 1899, § 169 amended. Laws 1901, p. 108, Laws 1909, p. 417.) Sec. 3987. Eighth circuit. — The Eighth judicial circuit shall co: gist of the city of St. Louis. (R. S. 1899, § 1694, amended. Laws 190 p. 108.) Sec. 3988. Ninth circuit. — The Ninth judicial circuit shall consi of the counties of Randolph and Howard. (R. S. 1899, § 1695, amen ed. Laws 1901, p. 108, Laws 1909, p. 416.) Sec. 3989. Tenth circuit. — The Tenth judicial circuit shall consi of the counties of Monroe, Marion and Ralls. (R. S. 1899, § 169 amended, Laws 1901, p. 108; amended. Laws 1911, p. 177.) Sec. 3990. Eleventh circuit. — The Eleventh judicial circuit sha consist of the counties of Audrain, Montgomery and Warren. (R. 1 1899, § 1697, amended. Laws 1901, p. 108 ; amended. Laws 1911, p. 177 COURTS OF RECORD. 43 Sec. 3991. Twelfth csircuit. — The Twelfth judicial circuit shall consist of the counties of Chariton, Linn and Sullivan. (R. S. 1899, § 1698, amended. Laws 1901, p. 108, Laws 1909, p. 417.) Sec. 3992. Thirteenth circuit. — The Thirteenth judicial circuit shall consist of the county of St. Louis. (R. S. 1899, § 1699, amended. Laws 1901, p. 108, Laws 1903, p. 145.) Sec. 3993. Fourteenth circuit. — The Fourteenth judicial circuit shall consist of the counties of Cole, Maries, Miller, Morgan, Moniteau and Cooper. (R. S. 1899, § 1700, amended, Laws 1901, p. 108.) Sec. 3994. Fifteenth circuit. — The Fifteenth judicial circuit shall consist of the counties of Saline and Lafayette. (R. S. 1899, § 1701, amended, Laws 1901, p. 108.) Sec. 3995. Sixteenth circuit.— The Sixteenth judicial circuit shall consist of the county of Jackson. (R. S. 1899, § 1702, amended, Laws 1901, p. 108.) Section 1. Sixteenth circuit — creating two additional divisions — appointment, election, term. — Two additional civil divisions, to be known as division No. 8 and division No. 9, are hereby created in and for the circuit court of the sixteenth judicial circuit, at Kansas City, Jackson county, Missouri, and the additional office of circuit judge for Jackson county, Missouri, is hereby created for the judge of each of said divisions, which said judges, when appointed or elected, as hereinafter provided, shall be the judges of said division. Upon the taking effect of this act the governor shall appoint the judges hereby provided for, who shall, upon being qualified therefor, hold said offices until January 1, 1915. At the general election in. 1914 judges shall be elected in said county, by the electors thereof, for a term of six years, beginning January 1, 1915, each of whom shall succeed to the office of judge hereby created, and upon his qualifications to said office all rights of his predecessor appointed as aforesaid shall cease and de- termine; and at the general election every six years after said year 1914 the electors of said county shall elect judges to hold said offices for each successive term thereafter. (Laws 1913, p. 211.) Sec. 3996. Seventeenth circuit. — The Seventeenth judicial circuit shall consist of the counties of Cass and Johnson. (R. S. 1899, § 1703, amended, Laws 1901, p. 108.) Sec. 3997. Eighteenth circuit. — The Eighteenth judicial circuit shall consist of the counties of Camden, Hickory, Polk, Dallas, "Webster and Wright. (R. S. 1899, § 1704, amended. Laws 1901, p. 108.) Sec. 3998. Nineteenth circuit. — The Nineteenth judicial circuit shall consist of the counties of Crawford, Phelps, Pulaski, Laclede, Texas and Dent. (R. S. 1899, § 1705, amended. Laws 1901, p. 108.) Sec. 3999. Twentieth circuit.— The Twentieth judicial circuit shall consist of the counties of Shannon, Oregon, Howell and Carter. (R. S. 1899, § 1706, amended. Laws 1901, p. 108.) Sec. 4000. Twenty-first circuit. — The Twenty-first judicial circuit shall consist of the counties of Jefferson, Washington, Iron, Reynolds and Wayne. (R. S. 1899, § 1707, amended. Laws 1901, p. 108.) 44 ELECTION LAWS. Sec. 4001. Twenty-second circuit. — The Twenty-second judici circuit shall consist of the counties of Stoddard and Dunklin. (R. 1899, § 1708, amended. Laws 1901, p. 108, Laws 1905, p. 126.) Sec. 4002. Twenty-third circuit. — The Twenty-third judicial ci cuit shall consist of the county of Greene. (R. S. 1899, § 1709, amen ed. Laws 1901, p. 108.) Sec. 4003. Twenty-fourth circuit The Twenty-fourth judici circuit shall consist of the counties of Lawrence, Newton, McDona and Barry. (R. S. 1899, § 1710, amended. Laws 1901, p. 108.) Sec. 4004. Twenty-fifth circuit.— The Twenty-fifth judicial circi: shall consist of the county of Jasper. (R. S. 1899, § 1711, amende Laws 1901, p. 108.) Sec. 4005. Twenty-sixth circuit. — The Twenty-sixth judicial ci euit shall consist of the counties of Vernon, Barton, Cedar and Dad (R. S. 1899, § 1712, amended, Laws 1901, p. 108.) Sec. 4006. Twenty-seventh circuit. — The Twenty-seventh judici circuit shall consist of the counties of Ste. Genevieve, Perry, g Francois, Madison and Bollinger. (R. S. 1899, § 1713, amended, La^ 1901, p. 108.) Sec. 4007. Twenty-eighth circuit. — The Twenty-eighth judici circuit shall consist of the counties of Cape Girardeau, Scott, Missi sippi. New Madrid and Pemiscot. (R. S. 1899, § 1714, amended, La^ 1901, p. 108.) Sec. 4008. Twenty-ninth circuit. — The Twenty-ninth judicial ci cuit shall consist of the counties of Bates, Benton, Henry and St. Clai (R. S. 1899, § 1715, amended, Laws 1901, p. 108.) Sec. 4009. Thirtieth circuit.— The Thirtieth judicial circuit of tl state of Missouri shall consist of the county of Pettis. (R. S. 1899, 1716, amended. Laws 1901, p. 108.) Sec. 4010. Thirty-first circuit.— There is hereby established ar created a judicial circuit of the state of Missouri, which shall consi of the counties of Christian, Douglas, Ozark, Stone and Taney. (Lav 1901, p. 108.) Sec. 4011. Thirty-second circuit. — There is hereby created ar established a judicial circuit of this state to be known as the thirt; second judicial circuit of the state of Missouri, and to be composed < the counties of Franklin, Gasconade and Osage. (Laws 1903, p. 145 Sec. 4012. Thirty-third circuit. — There is hereby created an established a judicial circuit of this state, to be known as the thirt; third judicial circuit of the state of Missouri, which shall be compose of the counties of Butler and Ripley. (Laws 1905, p. 126.) Sec. 4013. Thirty-fourth circuit. — There is hereby created an established a judicial circuit of this state, to be known as the thirty fourth judicial circuit of the state of Missouri, which shall be cod posed of the counties of Boone and Callaway. (Laws 1909, p. 416.) Sec. 1. Thirty-fifth circuit. — There is hereby created and estal lished a judicial circuit of the state, to be known as the thirty-fift circuit of the state of Missouri, which shall be composed of the com ties of Lincoln, Pike and St. Charles. (Laws 1911, p. 177.) COURTS OF RECORD. 45 Sec. 3. Judge, appointment of — election. — ^As soon as convenient after this act becomes a law, the governor shall appoint a judge of the said thirty-fifth judicial circuit, who shall hold his office until the first day of January, 1913, and until his successor is elected and quali- fied; and at the general election to be held in this state in the year 1912, a successor to such appointee shall be elected for said thirty- fifth judicial circuit for a term of six years, in like manner as other circuit judges are elected. (Laws 1911, p. 177.) Sec. 4014. Thirty-sixth circuit. — There is hereby created and established a judicial circuit in this state, to be known as the thirty- sixth judicial circuit of the state of Missouri, which shall be composed of the counties of Caldwell, Daviess and Livingston. (Laws 1909, p. 417.) Section 1. Thirty-seventh judicial circuit. — There is hereby cre- ated and established a judicial circuit of the state, to be known as the thirty-seventh judicial circuit of Missouri, which shall be composed of the counties of Clark, Scotland and Schuyler. (Laws 1913, p. 216.) Sec. 3. Judge, appointment of — election. — As soon as convenient after this act becomes a law, the governor shall appoint a judge of the said thirty-seventh judicial circuit, who shall hold his office until the first day of January, 1915, and until his successor is elected and quali- fied; and at the general election to be held in this state in the year 1914, a successor to such appointee shall be elected for the said thirty- seventh judicial circuit for a term of six years, and every six years thereafter, in like manner as other circuit judges are elected. (Laws 1913, p. 216.) CHAPTER 35— ARTICLE IV. PROBATE COURTS. Sec. 4057. Election of judges — term of office. — At the general election in the year 1878, and every four years thereafter, except a« hereinafter provided, a judge of probate shall be elected by the quali- fied voters in every county. Said judge shall be commissioned by the governor and shall take the oath prescribed by the Constitution for all officers and shall enter upon the discharge of his duties on the first day of January ensuing his election and continue in office for four years and until his successor shall be duly elected and qualified: Provided, that in all cases where the death of the judge-elect shall take place after his election and before he qualifies, the same shall constitute a vacancy in such office from and after the date which said judge-elect is required to qualify. (R. S. 1899, § 1754, amended. Laws 1903, p. 152.) Sec. 4072. Probate clerk elected in cities of 300,000 inhabitants or over — bond — oath, etc. — In all cities now having or which may here- after have a population of three hundred thousand inhabitants and 40 ELECTION LAWS. over, there shall be elected at the general election in the year 1898, and every four years thereafter, an officer, to be known as the probate clerk, whose official term shall commence on the first day of January next after election. Said officer shall, before entering upon the discharge of his duties, make and subscribe an oath before the city register of such cities that he will support the Constitution of the United States and of the state of Missouri, and that he will faithfully discharge all the duties of the office of probate clerk; and shall also execute a bond to the city within which he shall be elected, in the penal sum of ten thousand dol- lars, with two or more solvent sureties, to be approved by the judge of probate of such cities, conditioned for the faithful performance of the duties of probate clerk, the collection and accounting for all fees allowed the probate judge or probate court of the city within which he shall have been elected, which oath and bond shall be filed in the office of the register of such cities. The city or any person injured may maintain suit on said bond in like manner as suit may now be maintained on other office bonds. (R. S. 1899, § 6244.) CHAPTER 35— ARTICLE V. COUNTY COURTS. Sec. 4076. Election of, and tenure of office. — At the general elec- tion in the year eighteen hundred and eighty, and every two years there- after, the qualified voters of each of said districts shall elect a county court judge, who shall hold his office for a term of two years and until his successor is duly elected and qualified; and at the general election in the year eighteen hundred and eighty-two, and every four years thereafter, the presiding judge of said court shall be elected by the qualified voters of the county at large, who shall hold his office for the term of four years and until his successor is duly elected and qualified. Each judge elected under the provisions of this article shall enter upon the duties of his office on the first day of January next after his elec- tion. (R. S. 1899, § 1772.) Sec. 4077. Elections, how certified. — All elections of judges of the county court under this article shall be certified to the clerks of the county courts of the counties wherein such elections shall be held; and in case of a tie between two or more persons, the same shall be deter- mined by the sheriff of the proper county. (R. S. 1899, § 1773.) CHAPTER 35— ARTICLE IX. CRIMINAL COURT OF THE FIFTEENTH JUDICIAL CIRCUIT. Sec. 4168. Court established. — A court of record is hereby estab- lished in the counties composing the fifteenth judicial circuit, in the state of Missouri, to be called the criminal court of the fifteenth judicial circuit. (R. S. 1899, p. 2564, § 1.) COURTS OF RECORD. 47 Sec. 4170. Qualifications and tenure of office of judge. — Said court shall be composed of one judge, who shall possess all the qualifications required by law of judges of the circuit court, and shall be elected at the same time and in the same manner as circuit judges are elected, and shall hold his office for the term of six years from the first day of January next succeeding his election, and until his successor is duly elected and qualified. (R. S. 1899, p. 2564, § 3.) CHAPTER 35— ARTICLE X. CRBHNAL COURT OF BUCHANAN COUNTY. Sec. 4184. Criminal court of Buchanan county established. — A court of record is hereby established in the county of Buchanan, said county having a population exceeding fifty thousand inhabitants, and to be designated and called the criminal court of Buchanan county. (R. S. 1899, p. 2568, § 1.) Sec. 4191. Election of judge. — ^At the general election in the year 1888, and every four years thereafter, the qualified voters of said Buc- hanan county shall elect a judge of said court, who shall enter upon the discharge of his duties on the first day of January next succeeding hia election. (R. S. 1899, p. 2570, § 8.) Sec. 4195. Judge, how removed — ^vacancies, how filled. — The judge of said criminal court may be removed from office for the same causes and in the same manner as a judge of the circuit court, and all vacancies in said office shall be filled, and all contested elections de- termined as in cases of circuit judges. (R. S. 1899, p. 2570, § 13.) CHAPTER 35— ARTICLE XH. CRIMINAL COURT OF JACKSON COUNTY. Sec. 4205. Name of court. — A court of record is hereby estab- lished, to be called the criminal court of Jackson county. (R. S. 1899, p. 2566, § 1.) Sec. 4210. Qualifications and election of judge. — The judge of said court shall, previous to his election or appointment, have attained the age of thirty years, have resided one year in the state, and to be a resi- dent of said Jackson county ; and the qualified voters of Jackson county shall, at the special election for a judge of the Twenty-fourth judicial circuit, elect a judge of the court hereby established, who shall hold his office until the first day of January, 1875. At the general election for circuit judges in the year 1874, and every six years thereafter, the quali- fied voters of said county shall elect a judge of said court, who shall enter upon the discharge of his duties on the first day of January next lucceeding his election. (R. S. 1899, p. 2566, § 6.) Sec. 4213. Election, qualification and compensation of clerk. — The clerk of the court hereby established shaU be elected at the same time 48 ELECTION LAWS. of the election of judge of said court, who shall hold his office till the next general election of clerks of circuit courts; he shall perform the same duties and receive the same compensation as is or may be allowed to clerks of circuit courts for like services, and shall give a like bond, to be approved by the court hereby established ; and all future elections of clerk of said court shall be at the same time as elections for clerks of courts of record. (R. S. 1899, p. 2567, § 9.) CHAPTER 35— ARTICLE XIH. CAPE GIRARDEAU COURT OF COMMON PLEAS. Sec. 4235. Judge, tenn of office, may practice, where. — The Cape Girardeau court of common pleas shall be presided over by one judge, who shall possess the qualifications of a judge of the circuit court, and who shall hold his office for the term of four years, or until his suc- cessor shall have been duly elected and qualified, but may be sooner removed from office in the same manner and for like causes as a cir- cuit judge. After January 1, 1913, the judge of said court shall not be allowed to practice law in any of the state courts within the county of Cape Girardeau during his term of office; but he shall not be dis- qualified from practicing in the federal courts. (R. S. 1899, p. 2580, § 4, amended, Laws 1909, p. 419.) Sec. 4236. Election of judge, when — salary. — At the general elec- tion in the year 1912, and at the general election held every fourth year thereafter, there shall be elected, by the qualified voters of the county of Cape Girardeau, a judge of the said court of common pleas, who shall be commissioned and qualified in the same manner as judges of the circuit court, and who shall receive in full compensation for his services the sum of $2,000.00 per annum, to be paid in the same way and in the same manner as the salaries of circuit judges are paid; but prior to the first day of January, 1913, the judge of said court shall receive in full compensation for his services the sum of $1,000.00 per annum, and in full compensation for his expenses the sum of $600.00 per annum, which sums for services and for expenses shall be paid in the same way and at the same time and in the same manner as the salaries and expenses of circuit judges are paid. All other expenses of said court of common pleas shall be paid by Cape Girardeau county. (R. S. 1899, p. 2580, § 5, amended. Laws 1909, p. 419.) APPENDIX, VOL. II, R. S. 1899— ARTICLE XVIII. ST. LOUIS COURT OF CRIMINAL CORRECTION. Section 1. Court established. — There is hereby established in the county [city] of St. Louis a court of record, which shall be known and called '*the St. Louis court of criminal correction." (Laws 1865-6, p. 78, § 1.) COURTS OF RECORD. 49 Sec. 3. Election, qualifications and terms of judge and officers. — At the general election, every four years, there shall be elected by the qualified voters of St. Louis city a judge and clerk of said court, a prosecuting attorney, to be styled the prosecuting attorney for the St. Louis court of criminal correction of St. Louis city, and an assistant prosecuting attorney. Said judge shall possess the qualifications of a judge of the circuit court, and shall hold his office for the term of four years from the time of his election, and until his successor shall be duly elected and qualified, unless sooner removed from office. Said clerk shall possess the qualifications of a clerk of the circuit court, and be subject to all the requirements and obligations exacted of and imposed by law upon clerks of courts of record, and shall hold his office for the term of four years from the time of his election, and until his successor shall be duly elected and qualified, unless sooner removed from office ; and said clerk shall have power, by and with the consent of the judge of said court, to appoint one or more deputies, which said appointment shall be approved by said court; thereupon said court shall fix the salary of said deputy or deputies, and the said salary or salaries shall be paid monthly by the city of St. Louis. Said prosecut- ing attorney and assistant prosecuting attorney shall possess the same qualifications as required by law for circuit attorneys ; they shall hold their office for the term of four years, and until their successors shall be duly elected and qualified unless sooner removed from office. (Laws 1869, p. 194, § 2.) COURTS OF RECORD: St. Louis Court of Criminal Correction— Division No. 2. Section 1. Criminal court established. — There is hereby estab- lished in the city of St. Louis a criminal court of record, which shall be called the St. Louis court of criminal correction, division No. 2. Sec. 3. Appointment, election, qualification and tenure of the judge. — As soon as practicable after the taking effect of this act, the governor shall appoint a judge of said St. Louis court of criminal cor- rection, division No. 2. Said judge to hold office until January 1st, 1911, or until his successor shall be duly elected and qualified, unless sooner removed from office. At the general election in November, 1910, a judge of said St. Louis court of criminal correction, division No. 2, shall be elected by the qualified voters of St. Louis city, to hold office for a term of two years after January 1st, 1911, or until his suc- cessor shall be duly elected and qualified, unless sooner removed from office. At the general election in November, 1912, and every four years thereafter, there shall be elected by the qualified voters of St. Louis city a judge of said St. Louis court of criminal correction, division No. 2, to hold office for a term of four years, or until his successor shall be duly elected and qualified, unless sooner removed from office. The judge of said court shall possess the qualifications of the judge of the St. Louis court of criminal correction as now constituted. (Laws 1909, p. 399.) 50 ELECTION LAWS. CHAPTER 36— ARTICLE III. OFFENSES BY PERSONS IN OFFICE, OR AFFECTING PUBLIC TRUSTS AND RIGHTS, AND CONCERN- ING ELECTIONS. SECTION 4395. Bribing 4396. 4397. 4398. 4399. 4400. 4401. 4402. 4403. 4404. 4405. 4406. 4407. 4408. 4409. 4410. 4411. 4412. 4413. 4414. 4415. 4416. 4417. 4418. 4419. 4420. 4421. 4422. 4423. public officers — punish* ment. Officers accepting bribes — punish- ment. Bribing officer to appoint to office, etc. Officer accepting bribe to make ap- pointments, etc. Accepting office procured by bribery. Attempting to bribe officer in cases mentioned in preceding sections. Bribery to procure office. Accepting bribe to procure office. Accepting bribe by voter. Offering bribe to voter. Bidding for office. Selling office. Assessment of candidates. Buying office. Preceding sections construed. Grant of office void. Oppression in office. Fraud in office. Conviction, effect of. Exacting illegal fees. Collecting Illegal taxes. P»unl8hment for misdemeanor in office. Prosecuting attorney guilty of mis- demeanor, when. Persons in custody entitled to re- lease, etc Usurping office. Persons and property secure in absence of legal process. Clerks, deputies, etc, not to buy fees — not to charge less than legal fee. Penalty. Intimidating voters. SECTION 4424. Defrauding voters. Circulating fraudulent tickets. Importing fraudulent voters. Fraudulent voting. Attempt to cast illegal vote. Fraud by judges and clerks of election. Fraud in casting up returns. Neglect of judges and clerks to perform duty. Refusal to give canvasser informa- tion. Neglect of duty by canvasser. Id. Penalty for neglect of certain duties. Id. What deemed a felony. Signing application to have voter's- name erased, a felony. 4437. Neglect of duty by judge or clerk. — penalty. Ballot boxes to be kept in view — penalty. Failure to serve as judge or clerk — penalty. Condition of ballot boxes to be noted when received. Impersonation of voter and false registration prohibited. Id. Penalty. False canvass of voters — returns — destruction or concealment — pen- alty. Ballots and ballot boxes — things- prohibited in use of. 4445. Breaciies of the peace and disor- derly conduct 4446. Electioneering for candidate by certain officers prohibited. 4447. Failure of clerk or judge to sign and make return — penalty. 4425. 4426. 4427. 4428. 4429. 4430. 4431. 4432. 4433. 4434. 4435. 4436. 4438. 4439. 4440. 4441. 4442. 4443. 4444. Sec. 4395. Bribing public ofl&cers — punishment. — Every person who shall, directly or indirectly, give any money, goods, right in action or any other valuable consideration, gratuity or reward, or any promise^ undertaking or security therefor, to any judge or justice of any court, justice of the peace, or to any member of the legislature, or to any officer or employe thereof, or to any other public officer of this state, or of any county or city, town or township thereof: First, with intent to influence his vote, opinion, judgment or decision on any question, mat- ter, election, appointment, cause or proceeding, which may be then pending, or may by law be broujjht before him in his official capacity, or to induce him to neglect or omit the performance of any official duty, or to perform such duty with partiality or favor, or otherwise than ier OFFENSES by' OFFICERS, CONCERNING ELECTIONS. 51 required by law; or, second, in consideration that any such officer or member of the legislature has given any vote, opinion, judgment or de- cision in any particular manner, or for any particular person, or upon, any particular side, or more favorable to one side than the other, in any matter, question, election, cause or proceeding, or has omitted to perforak any official act or duty, or has performed such act or duty with parti- ality or favor, or in anywise contrary to law, shall be deemed guilty of bribery, and be punished by imprisonment in the penitentiary for at term not exceeding seven years. (R. S. 1899, § 2084.) Sec. 4396. Officers accepting bribes — punishment. — Every judge or justice of any court, justice of the peace, member of the legislature, or officer or employe thereof, and any other public officer of this state, or of any county or city, town or township thereof, who shall, directly or indirectly, accept or receive any gift, consideration, gratuity or re- ward, or any promise or undertaking to make the same: First, under any agreement that his vote, opinion, judgment or decision shall be given for any particular person, or in any particular manner, or upon any particular side, or more favorable to one side than the other, in any question, election, matter, cause or proceeding which may be pending or be brought before him in his official capacity, or that he shall neglect or omit to perform any official duty, or perform the same with parti- ality or favor, or otherwise than according to law ; or, second, in consid- eration that he has given his vote, opinion, judgment or decision for any particular person, or in any particular manner, or upon any particular gide, or more favorably to one side than the other, in any question, elec- tion, matter, cause or proceeding, or has neglected or omitted to perfonn any official act or duty, or performed such act or duty with partiality^ or favor, or in anywise contrary to law, shall be deemed guilty of brib- ery, and punished as prescribed in the next preceding section. (R. S^ 1899, § 2085.) Sec. 4397. Bribing officer to appoint to office, etc. — Every person^ who shall, directly or indirectly, give or engage to give any sum of money or other valuable consideration, gratuity or reward, to any officer t First, with intent to influence or induce such officer to s:ive or procure for him or any other, by his act, interest, influence or other means what^ ever, any appointment, office or place of trust, or any preferment, or emolument, or assist, by any means whatsoever, to procure the same ; or,. second, in consideration of any office or appointment, preferment, or emolument, act, interest or influence, or any aid or assistance, in pro- curing or attempting to procure such appointment, office or place of trust, or any emoluments, shall, on conviction, be adjudered guilty of bribery, and punished by imprisonment in the penitentiary for a term not exceeding seven years. (R. S. 1899. § 2086.) Sec. 4398. Officer accepting bribe to make appointments, etc. — Every officer who shall, directly or indirectly, accept or receive of an- other any sum of money or other valuable consideration, gratuity or reward, or any promise or security thereof: First, upon any aprreement to give or procure by his act, interest or influence or other means, any appointment, office or place of trust, or any preferment or emolument, or 52 ELECTION LAWS. to aid or assist in procuring the same for another person; or second^ in consideration of any office or appointment, place or preferment, or ■emolument, or any act, interest or influence, aid or assistance, by any means, in procuring or attempting to procure any such appointment, office, place of trust, preferment or emolument, shall, on conviction, be adjudged guilty of bribery, and punished as prescribed in the next pre- ceding section. (R. S. 1899, § 2087.) Sec. 4399. Accepting office procured by bribery. — Every person 'who shall take, accept, receive or obtain, directly or indirectly, any office, appointment or place of trust, preferment or emolument, by the act, influence, aid or assistance of another, upon any agreement or con- sideration mentioned in either of the four next preceding sections, and -every person who shall take, accept or receive any aid or assistance in obtaining or attempting to obtain, or any promise or undertaking to procure such office, appointment, place of trust, preferment or emolu- ment, for himself or another, shall be deemed guilty of bribery, and punished in the same manner as if he had received money upon a like agreement or consideration. (R. S. 1899, § 2088.) Sec. 4400. Attempting to bribe officer in cases mentioned in pre- ceding sections. — If any person shall, by any of the means mentioned in the preceding sections of this article, or otherwise, offer or attempt to bribe any officer or other person, in any of the cases hereinbefore mentioned, he shall, on conviction, be punished by imprisonment in the penitentiary for a period not exceeding five years, or by imprisonment in the county jail for a term not exceeding one year and a fine not less than one thousand dollars. (R. S. 1899, § 2089.) Sec. 4401. Bribery to procure office. — If any person shall, directly or indirectly, give or procure to be given, or engage to give, any money, gift or reward, or any office, place or employment upon any engage- ment, contract or agreement, that the person to whom, or to whose use, or on whose behalf, such gift or promise shall be made, shall, by himself or any other, procure or endeavor to procure the election of any person to any office, at any election by the electors, or any public body, under the Constitution or laws of this state, the person so offending shall, on conviction, be adjudged guilty of bribery, and punished by imprison- ment in the penitentiary for a term not exceeding five years. (R. S. 1899, § 2090.) Sec. 4402. Accepting bribe to procure office. — Every person who shall, by himself or another, to his use or on his behalf, accept or re- ceive any such money, gift or reward, office, place or employment, or any promise or security therefor, upon any such engagement, contract or agreement as specified in the preceding section, shall be adjudged guilty of bribery, and shall forfeit the full amount of such money, gift or reward, and shall, moreover, be punished by imprisonment in the penitentiary for a term not exceeding five years. (R. S. 1899, § 2091.) Sec. 4403. Accepting bribe by voter.— If any person who shall have, or claim to have, a right to vote in any election authorized to be held by the Constitution or laws of this state, shall ask, receive or take any money or other reward, by way of gift, loan or other device, or OFFENSES BY OFFICERS, CONCERNING ELECTIONS. 53^ agree or contract for any money, gift, office, employment, or other re- ward whatsoever, to give his vote, or refuse or forbear to give his vote^ in any such election, the person so offending shall, on conviction, be ad- judged guilty of a misdemeanor. (E. S. 1899, § 2092.) Sec. 4404. Offering bribe to voter. — If any person, by himself, or any person employed by him, shall, by any gift or reward, office or emplo\Tnent, or by any promise, agreement or security therefor, cor- rupt or procure, or attempt to corrupt or procure, any person who shall have or claim to have a right to vote at any election, to give or for- bear to give his vote at such election, the person so offending shall, on conviction, be adjudged guilty of a misdemeanor. (R. S. 1899, § 2093.) Sec. 4405. Bidding for ofl&ce. — ^Any person, being ^ candidate for election to any office of honor, trust or profit, in this state, who shall offer or promise to discharge the duties of such office for a less sum than the salary, fees or emoluments of said office, as fiixed by the laws of the state, or who shall promise to pay back or donate to any public or private interest any portion of such salary, fees or emoluments, as an inducement to voters at such election, shall on conviction thereof be deemed guilty of a misdemeanor, and shall be fined in a sum of not less than fifty dollars nor more than five hundred dollars, or imprisonment in the county jail for a period of not less than ten days nor more than six months, or by both such fine and imprisonment, and shall in addi- tion forfeit the office to which he may have been elected at such election. (R. S. 1899, § 2094.) Sec. 4406. Selling office. — Every person holding or exercising any office or public trust under the Constitution or laws of this state who shall, for any reward or gratuity or any valuable consideration, paid or agreed to be paid, directly or indirectly, grant, bargain or sell such office or any deputation thereof, or grant the right or authority to dis- charge any of the duties thereof to another, shall on conviction be pun- ished by imprisonment in the penitentiary^ not exceeding five years, or by imprisonment in a county jail not exceeding one year, or by fine not exceeding one thousand dollars, or by both such fine and imprison- ment. (R. S. 1899, § 2095.) Sec. 4407. Assessment of candidates. — ^Any person or association of persons who shall assess, demand or receive, from any candidate for any state, coimty or municipal office, any sum or sums of money, or who shall attempt, carry out or participate in any fraud upon such candi- date, in consideration of his or their influence, or for money, shall be deemed guilty of a misdemeanor, and adjudged guilty of a misdemeanor. Nothing herein shall be construed to prohibit candidates and others from voluntarily contributing influence and money for political pur- poses, or to prevent the regularly constituted campaign committees of political parties from making assessments for legitimate campaign ex- penses. (R. S. 1899, § 2096.) Sec. 4408. Buying office. — ^Every person who shall give, or make any agreement to give, any money, property, right in action or other gratuity or reward, in consideration of any such bargain, grant or depn- 54 ELECTION LAWS. tation of an office, or any part thereof, shall, upon conviction, be pun- ished as prescribed in the last preceding section. (R. S. 1899, § 2097.) Sec. 4409. Preceding sections construed. — Sections 4406 and 4408 shall not be construed to extend to the appointment of a deputy by any officer authorized by law to have a deputy, so that no gratuity or re- ward be paid or agreed to be paid for such deputation. (R. S. 1899, S 2098.) Sec. 4410. Grant of office void. — ^Every grant or deputation of -office made contrary to the foregoing provisions shall be void; but all official acts done before conviction under this law by any deputy of an officer authorized to make such appointment shall be valid. (R. S. 1899, § 2099.) Sec. 4411. Oppression in office. — Every person exercising or hold- ing any office of public trust who shall be guilty of willful and malicious oppression, partiality, misconduct or abuse of authority in his official capacity or under color of his office, shall, on conviction, be deemed guilty of a misdemeanor. (R. S. 1899, § 2100.) Sec. 4412. Fraud in office. — Every officer or public agent of this iState, or of any county, who shall commit any fraud in his official capac- ity or under color of his office, shall be adjudged guilty of a misde- meanor. (R. S. 1899, § 2101.) Sec. 4413. Conviction, effect of. — Every person who shall be con- victed of any of the offenses mentioned in the preceding sections of this jarticle shall be forever disqualified from holding any office of honor, irust or profit under the Constitution and laws of this state, and from voting at any election; and every officer who shall be convicted of any official misdemeanor or misconduct in office, or of any offense which is by this or any other statute punishable by disqualification to hold office, shall, in addition to the other punishment prescribed for such offenses, forfeit his office. (R. S. 1899, § 2102.) Sec. 4414. Exacting illegal fees. — Every officer who shall, by color of his office, unlawfully and willfully exact or demand or receive any fee or reward to execute or do his duty, or for any official act done or to be done, that is not due, or more than is due, or before it is due, shall, upon conviction, be adjudged guilty of a misdemeanor. (R. S. 1899, S 2103.) Sec. 4415. Collecting illegal taxes. — ^Every collector of the reve- nue who shall unlawfully collect taxes when none are due, or shall willfully and unlawfully exact or demand more than is due, shall upoH conviction be adjudged guilty of a misdemeanor. (R. S. 1899, § 2104.) Sec. 4416. Punishment for misdemeanor in office. — Every officer •r person holding any trust or appointment, who shall be convicted of any willful misconduct or misdemeanor in office, or neglect to perform •ny duty enjoined on him by law, where no special provision is made for the punishment of such misdemeanor, misconduct or negligence, Bhall be punished by fine not exceeding five hundred dollars, or by im- prisonment in the county jail not exceeding one year, or by both such fine and imprisonment. (R. S. 1899, § 2105.) Sec. 4417. Prosecuting attorney guilty of misdemeanor, when. — Every prosecuting attorney or assistant prosecuting attorney, or other OFFENSES BY OFFICERS, CONCERNING ELECTIONS. 55 person acting for the time being as such officer, who shall, in pursuance of any corrupt agreement with any defendant or defendants, or other person or persons, enter a nolle prosequi as to any indictment, or dis- miss or fail to prosecute, as provided by law, any indictment, or dis- miss or take a nonsuit in any civil action pending, wherein the state or any county shall be a party, shall be deemed guilty of a misde- meanor, and, upon conviction, shall be fined in a sum not less than five hundred dollars, or imprisoned in the county jail not less than three months. (R. S. 1899, § 2106.) Sec. 4418. Persons in custody entitled to release, etc. — All per- •ons arrested and confined in any jail, calaboose or other place of confinement by any peace officer, without warrant or other process, for any alleged breach of the peace or other criminal offense, or on sus- picion thereof, shall be discharged from said custody within twenty hours from the time of such arrest, unless they shall be charged with a criminal offense by the oath of some credible person, and be held by warrant to answer to such offense ; and every such person shall, while so confined, be permitted at all reasonable hours during the day to consult with counsel or other persons in his behalf ; and any person or officer who shall violate the provisions of this section, by refusing to release any person who shall be entitled to such release, or by refusing to permit him to see and consult with counsel or other persons, or who shall transfer any such prisoner to the custody or control of another, or to another place, or prefer against such person a false charge, with intent to avoid the provisions of this section, shall be deemed guilty of a misdemeanor. (R. S. 1899, § 2107.) Sec. 4419. Usurping office. — If any person shall take upon him- self any office or public trust in this state, and exercise any power to do any act appertaining to such office or trust, without a lawful appoint- ment or deputation, he shall, upon conviction, be adjudged guilty of a misdemeanor. (R. S. 1899, § 2108.) Sec. 4420. Person and property secure in absence of legal process. If any sheriff or other officer, or any person pretending to be an officer, under color or pretense of any process or other legal authority, arrest any person, or detain him against his will, or seize or levy upon any property, or dispossess any one of any lands or tenements, without due and legal process, or other lawful authority therefor, he shall, upon conviction, be adjudged guilty of a misdemeanor. (R. S. 1899, § 2109.) Sec. 4421. Clerks, deputies, etc., not to buy fees — not to charge less than legal fee. — It shall be unlawful for the clerk of any court, or his deputy, or any person in his employ, or any person for him, or any other officer of any court, to buy or purchase, or trade for, directly or indirectly, any fee taxed or to be taxed as costs in the court of which he is clerk or officer, or of any other court in this state, or any county warrant, at less than par value, which may be by law due or become due to any person by or through any such court ; and it shall be unlaw- ful for any county clerk, circuit clerk, recorder, or any other officer of any court, or his deputy, or any person in his employ, to charge, collect 56 ELECTION LAWS. or receive less fee for his services than is provided by law. (R. S. 1899, § 2119.) Sec. 4422. Penalty. — Any such clerk or officer violating the pre- ceding section shall, upon conviction, be punished by fine of not les» than one hundred dollars, and in addition shall forfeit his office, and it shall be the duty of the judge having criminal jurisdiction to give this and the preceding section in special charge to the grand jury. (R. S. 1899, § 2120.) Sec. 4423. Intimidating voters. — If any person, by menaces, threats or force, or by any other unlawful means, either directly or in- directly, attempt to influence any qualified voter in giving his vote, or to deter him from giving the same, or disturb or hinder him in the free exercise of his right of suffrage, at any election held under the Consti- tution or laws of this state, the person so offending shall, on conviction thereof, be adjudged guilty of a misdemeanor. (R. S. 1899, § 2110.) Sec. 4424. Defrauding voters. — Any person who designedly gives a printed or written ticket to any qualified voter of this state, containing the written or printed names of persons for whom said voter does not design to vote, for the purpose of causing such voter to poll his vote contrary to his known wishes, shall, on conviction, be adjudged guilty of a misdemeanor. (R. S. 1899, § 2111.) Sec. 4425. Circulating fraudulent tickets. — Any person who shall cause to be printed and circulated or who shall circulate any false and fraudulent tickets, which upon their face appear to be designed as a fraud upon voters, shall, upon conviction, be deemed guilty of a mis- demeanor. (R. S. 1899, § 2112.) Sec. 4426. Importing fraudulent voters. — Any person who shall bring into this state any person or persons resident in another state, with intent that such person so imported shall vote at any election with- in this state before they shall possess the requisite qualifications, shall, on conviction, be adjudged guilty of a misdemeanor. (R. S. 1899, § 2113.) Sec. 4427. Fraudulent voting. — Every person who shall, at any election held in pursuance of the laws of this state, or of any city or other municipality thereof, vote more than once, either at the same or a different place, or shall knowingly cast more than one ballot, or shall vote at any such election knowing that he is not a qualified voter and is not entitled to vote, and every person who shall knowingly advise or procure any person to vote who is not entitled to vote, or shall know- ingly advise or procure any illegal vote to be cast at any such election, shall be deemed guilty of a felony, and upon conviction, shall be pun- ished by imprisonment in the penitentiary not exceeding five years, or by imprisonment in the county jail not exceeding one year, or by a fine of not less than fifty dollars, or by both such fine and imprisonment. (R. S. 1899, § 2114.) Sec. 4428. Attempt to cast illegal vote. — Every person who shall attempt to vote at any election held in pursuance of the laws of this state, or in any city or other municipality thereof, knowing that he is OFFENSES BY OFFICERS, CONCERNING ELECTIONS. 57 not entitled to vote at such election, shall be deemed guilty of a misde- meanor. (R. S. 1899, § 2115.) Sec. 4429. Fraud by judges and clerks of election. — ^If any judge or clerk of any election authorized by law, or any other person, shall will- fully and knowingly receive and place in the ballot box, or aid, assist or assent to the placing in any ballot box, any ballot, or paper purporting to be a ballot, which is not legally voted by a qualified voter at such election, or shall illegally, willfully and fraudulently abstract, or aid in or assent to the abstraction, from any ballot box any legal ballot for the purpose of changing the lawful result of any election, or shall in any manner will- fully influence or attempt to influence any person to do any of the acts aforesaid, or to omit to do any lawful act required of him in relation to any election, or shall in any manner illegally, wiUfully and fraudulently change or attempt to change, or induce any other person to change, the true and lawful result of any election, by any act to be done either before, at the time of or after such election, by a wrong count of the ballots, by changing the true returns or making a false return thereof, or by changing the figures of the returns after they are made up, either before or after the returns are duly made, or in any other manner except in pursuance of law or the order of a court, every person offending against any of the provisions of this section shall, upon conviction, be punished by imprisonment in the penitentiary not exceeding five years, or by imprisonment in the county jail not less than three months, and by a fine not less than one hundred dollars, or by both such fine and im- prisonment, and shall also be forever prohibited from voting at any elec- tion and from holding any office or position of trust or emolument under authority of this state, or any department thereof, or of any county, city or town therein, either by election or appointment, or as clerk or em- ploye. (R. S. 1899, § 2116:) Sec. 4430. Fraud in casting up returns. — Any person who may be authorized by law to receive, canvass or count the poll books, tally lists or election returns of any election authorized by law, who shall willfully and knowingly receive, canvass and count, or assist therein, any poll- books, tally lists or election returns which are fraudulent, forged, coun- terfeited, or shall falsely and fraudulently make an incorrect and false account of any election returns, with intent to defeat a fair expression of the popular will, and any person or persons whose duty it may be to grant certificates of election, or in any manner declare the result of any election held by authority of law, who shall grant a false certificate, or declare the result of any election based upon fraudulent, fictitious or ille- gal votes or returns, with intent to defeat a fair expression of the popu- lar will, or to deprive any person duly elected of his office, shall be deemed guilty of a felony, and upon conviction, be punished as pre- scribed in the next preceding section. (R. S. 1899, § 2117.) See Sees. 4443, 4444. Sec. 4431. Neglect of judges and clerks to perform duty. — If the judges and clerks of any election, or any of them, shall willfully neglect, refuse or omit to perform any duty enjoined or required of them by law with respect to holding and conducting such election, receiving and 58 ELECTION LAWS. counting out the ballots and making proper return thereof, or shall in- spect or read any ballot voted, or disclose the name or names of any of the candidates or persons voted for by any voters at such election, shall be deemed guilty of a misdemeanor. (R. S. 1899, § 2118.) Sec. 4432. Refusal to give canvasser infarmation. — If any person shaU refuse to give any canvasser or clerk of election required by any law of this state to canvass any election precinct, any information known to him and asked of him by such canvasser or clerk; or shall willfully make a false answer to any such canvasser or clerk touching such required information, such person shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than ten dollars nor more than fifty dollars, or be imprisoned not more than thirty days. (Laws 1903, p. 155.) Sec. 4433. Neglect of duty by canvasser. — Any clerk or can- vasser appointed to canvass any election precinct, pursuant to any law of this state, who shall willfully fail to appear, or shall willfully refuse to continue, or shall willfully abandon said canvass, shall be deemed guilty of a misdemeanor and on conviction shall be punished by imprisonment for not less than one month nor more than one year in the city or county jail. (Laws 1903, p. 155.) Sec. 4434. Id. Penalty for neglect of certain duties. — If any clerk or canvasser of any election precinct, whose duty it is under any law of this state to transfer the names of voters from the register of voters to the verification lists furnished him by any board of election commissioners ; or to check the name of any person on said verification lists transferred from the register as aforesaid and not found by can- vass in said election precinct at the place designated on said verifica- tion lists; or to mail the notice or notices required by law to all the parties so checked; or to leave such notice or notices at the place designated for such person so designated, or shall willfully neglect to perform any of said duties, he shall be deemed guilty of a felony, and, upon conviction, shall be punished by imprisonment not less than two years nor more than five years. (Laws 1903, p. 155.) Sec. 4435. Id. What deemed a felony. — If any clerk or canvasser of any election precinct appointed under any law of this state shall willfully neglect to perform his duties in making such canvass, he shall be deemed guilty of a felony and upon conviction, shall be pun- ished by imprisonment not less than two years nor more than five years. (Laws 1903, p. 155.) Sec. 4436. Signing application to have voter's name erased, a felony. — It shall be a felony, punishable upon conviction by imprison- ment for not less than two years nor more than five years, for any voter or voters to sign any application to have erased any name law- fully upon any register of voters required by law to be made, unless the person signing such application had then cause to fairly justify him in the belief that the name ought to be erased from such regis- ter. (Laws 1903, p. 155.) OFFENSES BY OFFICERS, CONCERNING ELECTIONS. 59 Sec. 4437. Neglect of duty by judge or clerk— penalty. — Any judge or clerk of any election precinct who shall willfully absent him- self from the polls on election day, without good cause, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined five hun- dred dollars ; and if any such judge or clerk of election shall willfully "detain any register or poll book or ballot and not cause it to be pro- duced at the polling place at the opening of the polls, or for fifteen minutes thereafter, he shall be guilty of a misdemeanor, and, upon conviction, be imprisoned not less than three months nor more than one year, or fined not less than two hundred dollars nor more than one thousand dollars. (Laws 1903, p. 155.) Sec. 4438. Ballot boxes to be kept in view — ^penalty. — The judges of any election precinct shall each be held guilty of a misdemeanor, And, upon conviction, be fined five hundred dollars if the ballot box in said election precinct shall not be kept constantly in public view dur- ing the progress of the election, unless it shall be shown by a judge that he protested against such obstruction of the view of the ballot box and was overruled by a majority of the judges, in which case, the judge so protesting, shall not be guilty of such misdemeanor ; and where de- mand has been made on either of said judges to remove such obstruc- tion and he shall fail to remove the same and shall not protest against such obstruction and be overruled by a majority of the judges, he shall upon conviction be further liable to be imprisoned in jail not less than six months nor more than one year. (Laws 1903, p. 155.) Sec. 4439. Failure to serve as judge or clerk — penalty. — Any per- son being qualified to act as judge or clerk of election and having no legal exemption or physical disability preventiag him from appeariQg before the board of election commissioners, or county clerk, who may be ap- pointed judge or clerk, and who, upon due notice to appear and qualify before such board of election commissioners or county clerk, shall fail so to do, or who, having qualified, shall fail to act as judge or clerk at any election for which he was appointed and qualified, unless prevented from service by illness, or unless removed, or excused by the commis- sioners or county clerk, for other sufficient cause, shall be guilty of a imisdemeanor, and upon conviction thereof be punished by imprisonment in the city or county jail not less than three months nor more than six months. But if his failure to qualify or serve was with intent that some unsuitable person should be appointed and act in his stead, to the end that the election in the precinct for which he was appointed should be unfairly conducted, then he shall be guilty of a felony, and upon conviction thereof shall be confined in the penitentiary not less than two years nor more than five years. (Laws 1903, p. 155.) Sec. 4440. Condition of ballot boxes to be noted when received. — The said election commissioners, or county clerk, upon the receipt of any ballot box containing any ballots cast at any election and key thereto, shall note the condition of seal or stamp on said box, and enter the fact touching the same upon a book kept by them, together with the name of the judge who returns such ballot box, and the name 60 ELECTION LAWS. of the judge who returns said key ; he shall thereupon open said ballot box and remove the poll books containing the returns of the votes cast^ and note upon the book their condition, and put them in a secure place,, under lock and key, to which the public, in no event, shall have access. If any judge or judges or clerks taking ballots, ballot boxes, statement,, tally or poll books, to be delivered to the election commissioners, or county clerk, shall fail to deliver the same to said election commissioners or county clerk with all reasonable speed, in no event to be more than two hours after the close of the canvass of the votes, as aforesaid, where the ballots, ballot boxes, statement, tally or poll books are to be deliv- ered to a board of election commissioners, or shall fail or refuse to comply with the provisions of this section, he or they shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five dollars nor more than five hundred dollars, or impris- oned for not more than six months or by both such fine and imprison- ment. (Laws 1903, p. 155.) Sec. 4441. Impersonation of voter ajid false registration prohibited. Any person who shall impersonate a voter or other person, or who shall register, or attempt or offer to register under any name not his own, or who shall fraudulently register, or offer, or attempt to register in or un- der the name of any other person, or in or under any assumed or ficti- tious name, or in or under any name not his own, or shall register in two election precincts ; or having registered in one precinct, shall attempt to register in another, or shall knowingly, by false personation or otherwise, cause or procure, or attempt to procure the name of any qualified voter in any election precinct to be erased or stricken from any registry of voters in such precinct, made in pursuance of law; or by force, threat, menace, intimidation, bribery, reward or offer or promise thereof, or other unlawful means, prevent, hinder or delay any person having a legal right to register or to be registered, from duly exercising such right ; or who shall solicit, counsel or induce, by unlawful means, any officer of registration to register any person not entitled to registration in such pre- cinct; or shall fraudulently register, or attempt or offer to register in any election precinct not having a lawful right to register therein, or shall willfully or knowingly do any unlawful act to secure registration for himself or any other person; or any person who shall attempt to register, or register under any assumed, false or fictitious name, or any name of any person except as provided by law; or shall knowingly or willfully or fraudulently interfere with, hinder or delay any judge of election or other officer of registration, in the discharge of his duties, or counsel, advise or induce, or attempt to induce any such judge or other officer to refuse or neglect to comply with or perform his duties, or to- violate any law prescribed for regulating the same ; or shall aid, counsel, procure, solicit or advise any voter, person, judge of election or other officer of registration, to do any act by law forbidden, or constituted an offense, or omit to do any act by law directed to be done ; or any person who shall approach within one hundred yards of any polling place dur- ing the time any election therein is being conducted or the votes therein being canvassed or returned, carrying concealed or deadly weapons, or OFFENSES BY OFFICERS, CONCERNING ELECTIONS. 61 who shall then and there exhibit the same for the purpose of intimidating any voter, or display any deadly weapon or make use of the same ; or if any judge or clerk of election shall, at any registration of voters, know- ingly and willfully misspell the name of any person who applies to regis- ter when he writes said name upon the registry book, or shall write there- in a name other than the one given to him by the applicant, instead of said name, or shall under the column " residence, '* on the line with any applicant's name, enter any street or number other than that given by said applicant, or shall fail or neglect to enter in said column the street and number and the designation of the house or room, as given him by said applicant; every such person, upon conviction thereof, shall be ad- judged guilty of a felony, and shall be punished by imprisonment in the penitentiary for not less than two years nor more than five years. (Laws 1903, p. 155.) Sec. 4442. Id. Penalty. — Any person who shall falsely impersonate a voter or other person, and vote, or attempt or offer to vote in or upon any name not his own, or shall vote, or attempt to vote, in or upon the name of any other person, living or dead, or in or upon any assumed or ficti- tious name, or in or upon any name not his own ; or shall knowingly, will- fully or fraudulently vote more than once for any candidate for the same office, except as authorized by law ; or shall vote, or attempt or offer to vote in any precinct without having a lawful right to vote therein ; or vote more than once, or vote in more than one election precinct ; or hav- ing voted once, shall vote, or attempt to vote again; or shall knowingly, willfully or fraudulently do any unlawful act to secure the right or op- portunity to vote for himself or for any other person to vote ; or shall by force, threat, menace, intimidation, bribery or reward, or offer, or promise thereof, or otherwise unlawfully, either directly or indirectly, influence or attempt to influence any voter in giving his vote ; or pre- vent or hinder, or attempt to prevent or hinder, any voter from freely exercising the right of suffrage; or by any such means induce, or at- tempt to induce, any such voter to exercise any such right, or shall, by such means or otherwise, compel or induce, or attempt to compel or induce, any judge of election or other officers of election, to re- ceive the vote of any person not legally qualified or entitled to vote at the said election in such precinct; or shall knowingly, willfully or fraudulently interfere with, delay or hinder in any manner any judge of election, poll clerk or other officer of election in the discharge of his duties; or by any such means or other unlawful means, know- ingly, willfully or fraudulently, counsel, advise, induce or attempt to induce any judge of election, poll clerk or other officer of election, whose duty it is to ascertain, proclaim, announce or declare the re- sult of any such election, to give or make any false certificate, docu- ment, report or other false evidence in relation thereto; or to re- fuse or neglect to comply with his duties, or to violate any law regu- lating the same ; or to receive the vote of any person in any election pre- cinct not entitled to vote therein, or to refuse to receive the vote of any person entitled to vote therein ; or shall aid, counsel, advise, procure or assist any voter to do any act by law forbidden, or constituted an 62 ELECTION LAWS. offense; every such person, judge or other officers of the election, or any person whomsoever, shall, upon conviction thereof, be adjudged guilty of a felony, and shall be punished for each and every such offense by imprisonment in the penitentiary for not less than two years nor more than five years. (Laws 1903, p. 155.) See Sees. 4427 and 4428. Sec. 4443. False canvass of votes — returns — destniction or con- cealment — penalty. — Every election commissioUv^T, deputy election commissioner, judge of election, clerk, canvasser or other officer authorized to take part in or perform any duty in relation to any canvass or official statement of the votes cast at any election in any precinct, or in any city or county, who shall make any false can- vass of such votes; or shall knowingly or willfully neglect to make a canvass of any election precinct, as required by the provisions of this statute, or shall knowingly or willfully make, sign, publish or deliver any false return of such election, or any false certificate or statement of the result of such election, or who shall deface, destroy or conceal any statement, tally or other certificate entrusted to his care or custody, shall, on conviction thereof, be adjudged guilty of a felony, and be punished by imprisonment in the penitentiary not less than two years nor more than five years. (Laws 1903, p. 155.) See Sees. 4429 and 4430. Sec. 4444. Ballots and ballot boxes — ^things prohibited in use of. — If any person other than a judge of election shall at any such election knowingly or willfully put or cause to be put any ballot into any box used at such election for the reception of ballots ; or if any judge of election shall knowingly and willfully cause or permit any ballot or ballots to be in said box at the opening of the polls and before the voting shall have commenced; or shall knowingly, willfully or fraudulently put any ballot or other paper having the semblance of a ballot or cause or permit any ballot or other paper having the semblance of a ballot, to be put in any such box at any such election, unless the same shall be offered by a voter and his name shall have been found and kept on the registry as provided by some law of this state, or who shall be entitled to vote under some law of this state ; or if any such judge of election, or other officer or person shall, during the canvass of the ballots, in any manner change, substitute or alter any ballot taken from the ballot box then being canvassed, or from any ballot box which has not been canvassed; or shall remove any ballot, or semblance thereof from, or add any ballot or semblance thereof to the ballots taken from the ballot box then being canvassed, ,or from any ballot box which has not been canvassed ; every such per- son shall, upon conviction, be adjudged guilty of a felony, and punished by imprisonment in the penitentiary not less than two years nor more than five years. (Laws 1903, p. 155.) See Sees. 4429 and 4430. Sec. 4445. Breaches of the peace and disorderly conduct. — If, at any registration of voters, or on any day of election, or during the OFFENSES BY OFFICERS, CONCERNING ELECTIONS. 63 canvass of the votes cast thereat, any person shall cause any breach of the peace, or be guilty of any disorderly conduct, violence or threats of violence whereby any such registration, revision, election or canvass shall be impeded or hindered; or whereby the lawful pro- ceedings of any judge of election, or board of registration, or clerk^ or other officer of such election, or challenger, or persons designated to be present at the canvass of any ballot as herein provided, are interfered with; every such person shall, upon conviction, be adjudged guilty of a misdemeanor, and punished by imprisonment, not less than thirty days nor more than one year. (Laws 1903, p. 155.) Sec. 4446. Electioneering for candidates by certain oflacers pro- hibited. — It shall be unlawful for any judge of election, clerk or per- son designated as a challenger under any laws of this state, or any person or persons within the polling place, to electioneer for any can- didate, party or proposition. Any violation of this section shall be a misdemeanor, and shall be punished by imprisonment not less than ten days nor more than ninety days, or by a fine of not less than fifty dollars nor more than one hundred dollars. (Laws 1903, p. 155.) Sec. 4447. Failure of clerk or judge to sign and make return — penalty. — Any judge or clerk who shall fail to sign and deliver to the board of election commissioners or county clerk the statement required by law of his reasons why he refuses to sign the registry books, and other books, blanks and forms required, or the election re- turns of his precinct, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by imprisonment in the city or county jail not less than ten days nor more than thirty days. (Laws 1903, p. 155.) CHAPTER 36— ARTICLE IV. CRIMES AND PUNISHMENTS. Sec. 4496. Carrying concealed weapons. — If any person shall carry concealed upon or about his person a dangerous or deadly weapon of any kind or description, or shall go into any church or place where people have assembled for religious worship, or into any school room or place where people are assembled for educational, political, literary or social purposes, or to any election precinct on any election day, or into any court room during the sitting of court, or into any other public as- semblage of persons met for any lawful purpose other than for militia drill, or meetings called under militia law of this state, having upon or about his person, concealed or exposed, any kind of fire arms, bowie knife, spring-back knife, razor, metal knucks, billy, sword cane, dirk, dagger, slung shot or other similar deadly weapons, or shall, in the pres- ence of one or more persons, exhibit any such weapon in a rude, angry or threatening manner, or shall have any such weapon in his posses- sion when intoxicated, or, directly or indirectly, sell or deliver, loan or barter to any minor any such weapon, without the consent of the parent or guardian of such minor, he shaU, upon conviction, be punished by im- ^64 ELECTION LAWS. prisonment in the penitentiary not exceeding two years, or by a fine of not less than one hundred nor more than one thousand dollars, or by im- prisonment in the county jail not less than fifty days nor more than one year, or by both such fine and imprisonment: Provided, that nothing contained in this section shall apply to legally qualified sheriffs, police officers and other persons whose bona fide duty is to execute process, civil or criminal, make arrests, or aid in conserving the public peace, nor to persons traveling in a continuous journey peaceably through this state. (R. S. 1899, § 1862, amended, Laws 1909, p. 452.) CHAPTER 36— ARTICLE V. CRIMES AND PUNISHMENTS. Sec. 4631. Conviction in what cases forfeits citizenship. — Any person who shall be convicted of arson, burglary, robbery or larceny, in any degree, in this article specified, or who shall be sentenced to im- prisonment in the penitentiary for any other crime punishable under the provisions of this article, shall be incompetent to serve as a juror in any cause, and shall be forever disqualified from voting at any election or holding any office of honor, trust or profit, within this state: Pro- vided, that the provisions of this section shall not apply to any person who at the time of his conviction shall be under the age of twenty years: Provided further, that in all cases where persons have been convicted under this article the disqualification provided may be re- moved by the pardon of the governor any time after one year from the date of conviction. (R. S. 1899, § 1991.) CHAPTER 36— ARTICLE VIII. CRIMES AND PUNISHMENTS. Sec. 4763. Betting on election.— Every person who shall bet or wager any money or other valuable thing on the result of any election authorized by the Constitution and laws of the United States or of this State, or on any vote to be given at such election, or who shall know- ingly become stakeholder of any such bet or wager, shall be punished by fine not exceeding fifty dollars. (R. S. 1899, § 2211.) STATE OFFICERS, CONGRESSMEN, ETC. 65 CHAPTEE 43. ELECTIONS. Articlb L Election of state officers, congressmen, members of the legislature and other officers. n. General provisions. IIL Nominations. rv. Primary elections V. Ballots, voting and returns. VT. Election contests. VII. Constitutional amendments. VIII. Primary elections in counties having over 100,000 inhabitants. IX. Primary elections In counties having over 175,000 and less than 300,009 inhabitants. X. Primary elections In cities of 100,000 Inhabitants and over. XL Primary elections in cities having over 300,000 hihabltants. XII. Corrupt practices. XIII. Registration in cities with 25.000 and less than 100.000 inhabitants. XIV. Regristration and elections in cities having 100.000 Inhabitants or over. XV. Registration and elections In cities having 300,000 inhabitants or over. XVI. Primary elections for United States senator. ARTICLE I. ELECTION OP STATE OFFICERS, CONGRESSMEN, MEMBERS OF THE LEGIS- LATURE AND OTHER OFFICERS. SECTION 5794. Clerks to transmit abstract of votes to secretary of state. Special messenger may be sent. Penalty If clerk fail to transmit, etc. 5797. Duty of secretary of state when returns are in. In case of tie, a special election. Governor may direct, what. 5795. 5796. 5798 5799. SECTION 5788. Election of state officers. 5789. Election of congressmen, etc 5790. Duty of secretary of state to lay before each house list of mem- bers elected. 5791. Returns of election of state offi- cers to be delivered to the speaker of the house. 5792. Tie, how determined. 6793. Compensation of clerks and mes- sengers. Sec. 5788. Election of state oflBcers. — On the first Tuesday after the first Monday in November in the year 1880, and every four years thereafter, there shall be an election held in each township in thii Btate and in each ward of the city of St. Louis for the election of governor, lieutenant-governor, secretary of state, state auditor, state treasurer and attorney-general, who shall hold their oflBces for the term of four years after the second Monday in January next after their election, and until their successors are elected and qualified. (R. S. 1899, § 6981.) Sec. 5789. Election of congressmen, etc. — On the first Tuesday after the first Monday in November, in the year 1880, and every two years thereafter, there shall be an election held in each township in this state, and in each ward of the city of St. Louis, for the election of a member of congress from each congressional district, of senators and representatives in those districts and judges of the county courts in 66 ELECTION LAWS. those counties where the term of those elected has expired, and for sheriffs and coroners, and such other officers as may be required by law to be elected at such elections. (R. S. 1899, § 6982.) Sec. 5790. Duty of secretary of state to lay before each house liat of members elected. — Within two days after the meeting of each general assembly, the secretary of state shall lay before each house a list of the members elected thereto, agreeably to the returns in his office, which returns and lists shall show who did and who did not produce tax receipts, as provided in sections 5914 and 5916. (R. S. 1899, § 7017.) Sec. 5791. Returns of election of state officers to be delivered to the speaker of the house. — ^After each election of governor, lieu- tenant-governor, secretary of state, state auditor, state treasurer, attorney-general, railroad and warehouse commissioners and superin- tendent of public schools, the secretary of state shall, immediately after the organization of the house of representatives, deliver to the speaker thereof the returns of the votes given for the last-named officers, who shall thereupon immediately notify the senate of the same, and that the house is ready to receive the senate in joint ses- sion to open and publish the same, whereupon the senate shall im- mediately repair to the hall of the house of representatives; and the speaker of the house shall, before proceeding to other business, in the presence of a majority of the members elected to each house of the general assembly so assembled in joint session, open and publish the same. In case of an alleged mistake in any return, or when more than one return has been made for any of said officers from any county or city or precinct, the two houses shall, in joint session, correct such mistake, if any, and determine which is the true and correct return by a vote of a majority of the members present, and the same shall be counted by the speaker, under the direction and control of the two houses thus assembled. The person having the highest number of votes for any of said offices shall be declared by the speaker of the house to have been duly elected. (R. S. 1899, S 7018.) Sec. 5792. Tie, how determined.— If two or more persons, candi- dates for any of the offices named in the last preceding section, shall have an equal and the highest number of votes cast for the same, the general assembly shall, by joint vote, before proceeding to other business, choose one of such persons for such office ; and the speaker of the house shall deposit in the office of the secretary of state a certificate declaring what person has been elected to such office. (R. S. 1899, § 7019.) Sec. 5793. Compensation of clerks and messengers.— There shall be allowed to the clerks for sending or conveying the returns of any senatorial election into any other county in the district, as occasion may require, and also to any messenger who may be employed to con- vey the returns of any election required by law to be made to the secretary of state, at the rate of five cents per mile, going and return- ing. (R. S. 1899, § 7020.) STATE OFFICERS, CONGRESSMEN, ETC. 67" Sec. 5794. Clerks to transmit abstract of votes to secretary of state. — The clerks of the several courts to whom a transcript of the votes is directed shall, within two days after the time limited for the- examination of the polls, deliver to the nearest postoffice on the most direct route to the seat of government, addressed to the secretary of state, a fair abstract of the votes given in their respective counties^ by precincts, for members of congress, governor, lieutenant-governor^ state senators and representatives, judges of the supreme court, judges- of the St. Louis and Kansas City courts of appeals, judges of the circuit courts, secretary of state, state auditor, state treasurer, attor- ney-general, railroad and warehouse commissioners and superintend- ent of public schools. Such abstracts shall be enclosed in strong- envelopes, closely sealed, which shall in no case be opened until the- day fixed for the counting of such votes, as hereinafter provided, and the said envelopes shall be indorsed by the clerk: "Returns of an election held in the county of , on the day of , A. D. 19—, for the offices of ,*' etc. (R. S. 1899, § 7011.) Sec. 5795. Special messenger may be sent. — If there shall be a failure to receive any of the returns at the seat of government for one mail after the same is due, the secretary of state, unless the circum- stances shall clearly justify a longer delay, in no case to exceed forty days from the time of such election, shall dispatch a messenger to the county not returned, with directions to bring up the abstract. (Rw S. 1899, § 7012.) Sec. 5796. Penalty, if clerk fail to transmit, etc. — ^If such failure shall happen by neglect of the clerk, he shall forfeit to the state one hundred dollars, together with the expenses of such messenger, to be recovered by civil action before any court having jurisdiction thereof. And it shall be the duty of the secretary of state to direct the prose- cuting attorney of the proper county forthwith to institute such aetion against such delinquent clerk. (R. S. 1899, § 7013.) Sec. 5797. Duty of secretary of state when returns are in. — Within fifty days after such general election, and as much sooner as all the returns shall have been made, the secretary of state, in the presence of the governor, shall proceed to open the returns and cast up the votes given for all candidates for any office, except governor, lieutenant-governor, secretary of state, state auditor, state treasurer, attorney-general, railroad and warehouse commissioners and superin- tendent of public schools, and shall give to the persons having the highest number of votes for members of congress, from each district, certificates of their election, under his hand, with the seal of the state affixed thereto, and shall certify to the governor the names of the candidates having received the highest number of votes for the offices of judges of the supreme court, circuit courts and St. Louis and Kan- sas City courts of appeals. (R. S. 1899, § 7014.) Sec. 5798. In case of tie, a special election. — If any two or more persons have an equal number of votes for member of congress, state senator, representative, judge of the supreme court, judge of the St. 68 ELECTION LAWS. Louis and Kansas City courts of appeals, or any circuit court, court of common pleas, criminal or probate court, circuit attorney or as- sistant circuit attorney, and a higher number than any other person, the governor, in such case, shall issue his proclamation, giving notice of such fact, and that an election will be held at the places of holding elections for such officers, in which shall be mentioned the day of election, which election shall be conducted and returned agreeably to the provisions of law. (R. S. 1899, § 7015.) Sec. 5799. Governor may direct, what. — The governor may, in special elections, if he think proper, direct in his proclamation that the returns be forwarded by messenger. (R. S. 1899, § 7016.) ARTICLE II. GENERAL PROVISIONS. SECTION 6800. Qualifications of voters. 6801. County court may establish and alter election precincts. €802. Order defining election districts. 6803. How to proceed in certain cases. 5804. How elections shall be conducted. 6865. Voting to be by ballot. ■5806. Polls, when opened and closed. 1. Ballots, how delivered — not to be fastened together. 2. Penalty. 5807. Poll books, how furnished — re- turns, how made. 6808. Ballot boxes to be provided — duty of constables. 6809. Form of poll book — ballot boxes not to be opened, when. 6810. Elections in St. Louis conducted, how. B811. Election to fill vacancy. 6812. Freedom from arrest on day of election. 5813. Constable shall attend elections In his township. 6814. Judges may punish for contempt. 6815. Compensation of judges and clerks of election. 5816. Fines, etc., how appropriated. Sec. 5800. Qualifications of voters. — Every male citizen of the United States and every male person of foreign birth who may have declared his intention to become a citizen of the United States accord- ing to law, not less than one year nor more than five years before he offers to vote, who is over the age of twenty-one years, possessing the following qualifications, shall be entitled to vote at all elections by the people: First, he shall have resided in the state one year im- mediately preceding the election at which he offers to vote; second, he shall have resided in the county, city or town where he shall offer to vote at least sixty days immediately preceding the election; and each voter shall vote only in the township in which he resides, or SECTION 5817. Provisions of this chapter to apply to St. Louis city, except. Four judges to be appointed — ballots counted, how. Qualifications of judges. Additional judges to be appointed — charge of ballots. 5821. Political parties to furnish county court with list of persons quali- fied to serve as judges. Oath of judges of election. Clerks of election. Secretary of state to furnish coun- ty clerks copy of election law. 5825. Penalty on judge or clerk for fail- ure to do duty. Penalty on messenger for failing to carry returns. Two preceding sections construed. Vacancies, how filled. Concealing, destroying, etc., tick- ets, unlawful. Penalty. Intoxicating liquors not to be sold or given away on election day — penalty. 5832. Application of preceding section. 5818. 5819. 5820. 5822. 5823. 5824. 5826. 5827. 5828. 5829. 5830. 5831. GENERAL PROVISIONS. 69 if in a town or city, then in the election district therein in which he resides: Provided, however, that no oflReer, soldier or marine in the regular army or navy of the United States, shall be entitled to vota at any election in this state; and provided further, that no persons while kept at any poorhouse or other asylum at public expense, ex- cept the soldiers' home at St. James and the confederate home at Higginsville, nor while confined in any public prison, shall be entitledf to vote at any election under the laws of this state; nor shall any person convicted of felony or other infamous crime, or of a misde- meanor connected with the exercise of the right of suffrage, be per- mitted to vote at any election unless he shall have been granted a full pardon; and after a second conviction of felony or other infamous crime, or of a misdemeanor connected with the exercise of the right of suffrage, he shall be forever excluded from voting. (R. S. 1899, § 6994.) Sec. 5801. County court may establish and alter election pre- cincts. — The county courts of the several counties in this state shall have power to divide any township in their respective counties into two or more election districts, or to establish two or more election precincts in any township, and to alter such election districts and precincts, from time to time, as the convenience of the inhabitants may require. (R. S. 1899, § 6984.) Sec. 5802. Order defining election districts. — Every order made under the provisions of the preceding section shall describe the several districts erected, and the boundary of each, or the precincts estab- lished, and the name of each; and the clerk shall, within twenty days after the making of the order, make out one copy thereof for each district erected or altered or precinct established thereby, and deliver the same to the sheriff of the county, who shall cause one such copy- to be put up at a public place in each district, or at each precinct^ within six days after the same shall be delivered to him. (R. S. 1899^ § 698.5.) Sec. 5803. How to proceed in certain cases. — If the court fail to designate the place of holding the election or to appoint judges, or the judges appointed fail to act, it shall be the duty of the sheriff to fix the place, and the voters, when assembled, may appoint the judges. (R. S. 1899, § 6983.) Sec. 5804. How elections shall be conducted. — The place of hold- ing the elections shall be designated, and the judges and clerks of election a[)i)ointed in such districts or for sut^h election precincts, and the elections therein shall be conducted, in all respects, in the same manner as is hereinafter provided by law for the townships. (R. Sw 1899. 55 6986.) Sec. 5805. Voting to be by ballot. — All elections shall be hy^ ballot, and continue for one day only. (R. S. 1899, § 6992.) Sec. 5806. PoUs, when opened and closed. — The judges of each election hereafter to be held, general or municipal, shall open the polls at seven o'clock in the morning and continue them open until six o'clock in the evening, unless the sun shall set after six, when 70 ELECTION LAWS. the polls shall be kept open until sunset, except in cities in the state of twenty-five thousand inhabitants or upward, when the polls shall be opened at six o'clock in the morning and be kept open until seven .o'clock in the evening. (R. S. 1899, § 6991.) Sec. 1. Ballots, how delivered— not to be fastened together. — IHereafter no county clerk or election commissioner in any county or •city in this state shall arrange together, intermingle or fasten together an any way or by means of any device, mechanical or otherwise, be- fore delivery to the election officials in the several precincts of such •county or city, the ballots of the several political parties intended to he used at any election, but such clerks and commissioners shall deliver said ballots, or cause said ballots to be delivered in separate packages, each of which shall contain ballots of only one political party. (Laws 1911, p. 242.) Sec. 2. Penalty. — Any county clerk or election commissioner who shall violate the provisions of this act shall be deemed guilty of a felony and on conviction punished by imprisonment in the peniten- tiary for not more than two years or by fine of not less than five hun- dred dollars or by imprisonment in the county jail for not less than thirty days, or by both such fine and jail imprisonment. (Laws 1911, p. 242.) Sec. 5807. Poll books, how furnished — ^returns, how made. — Poll books for each district or election precinct shall be made and fur- nished to the judges of election therein, in the same manner as here- after provided in respect to poll books for each township, and returns shall be made to the ofiice of the clerk of the county court, as in the case of a township forming one election district. (R. S. 1899, § 6987.) Sec. 5808. Ballot boxes to be provided — duty of constables. — The sheriffs of their respective counties shall provide, at the expense of their counties, two ballot boxes for each precinct in each municipal township in said counties, and deposit the same with the constable of the proper township, whose duty it shall be to preserve the same, and have such boxes present at the proper time and place, at all elec- tions in his township, for the use of the judges of the elections. Said constables shall deliver said boxes to their successors in ofiice within ten days after their successors shall have been qualified, and in de- fault thereof shall forfeit ten dollars, to be recovered by civil action before any justice of the peace at the suit of the constable of the town- ship in which such delinquent resides, and shall be paid into the treasury of the county for the use of its common schools. (R. S. 1899, § 6993.) Sec. 5809. Form of poll book — ^ballot boxes not to be opened, when. — The following shall be the form of the poll book to be kept by the judges and clerks of election : Poll-book of the election held at . in the township of , in the county of , on the day of , in the year of our Lord nineteen hundred and . A B, C D, E F and X P, judges, and J K, G H, B B and T W, clerks of said election, were severally sworn, as the law directs, previous to their entering on the duties of their respective offices. GENERAL PROVISIONS. 71 NXTMBEB AND NAMES Or TOTBRS. No. 1 A B No. 2 C D No. 3 E F It is hereby certified that the number of voters at this election amounts to A B C E X Judges of election. Attest: J K. J K. ^ B B, f T W, J Clerks. NAMES OF PERSONS VOTED FOR AND FOR WHAT OFFICE. CONTAINING THE NUMBER OF VOTES GIVEN EACH CANDIDATE. Qovemoi Representatives in state legrislature. Representatives in congress. Senate. House of repre- sentatives. Eta We hereby certify that A B had votes for governor; that E F had votes for governor, and C D had votes for representative in congress, etc J K, G H B B, T W, ;} A B, ^ C D, I E F. f X P. J Judges. Clerks. Nothing herein shall be so construed as to permit the judges or clerks of election to open or cause to be opened, by themselves or any other person, the boxes containing the ballots, after the commencement of voting in the morning until the close of the polls in the evening, except as provided by section 5818. Any judge or clerk violating any provision of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined in a sum not less than one hundred dollars nor more than three hundred dollars. (R. S. 1899, § 7003.) Sec. 5810. Elections in St. Louis conducted, how. — All elections in the city of St. Louis shall be conducted in all respects as provided by the laws now in force regulating elections in said city. (R. S. 1899, § 7005.) Sec. 5811. Election to fill vacancy. — When the governor issues a writ of election to fill any vacancy, he shall mention in said writ how many days, to be not less than ten, the sheriff shall give notice thereof. (R. S. 1899, § 6988.) Sec. 5812. Freedom from arrest on day of election. — All judges, clerks and voters shall be free from arrest, except for felony or breach of the peace, in going to, attending on and returning from election. (R. S. 1899, § 7024.) 72 ELECTION LAWS. Sec. 5813. Constable shall attend elections in his township. — The constable shall attend the elections in his township, and perform such duties as are enjoined on him by law, under the direction of the judges. (R. S. 1899, § 7025.) Sec. 5814. Judges may punish for contempt. — The judges of the election shall preserve good order and punish any disorderly person for contempt by fine not exceeding twenty dollars, at their discretion, and commit the offender to the jail of the county until the fine im- posed be paid. (R. S. 1899, § 7026.) Sec. 5815. Compensation of judges and clerks of election. — All judges and clerks of election shall be allowed such compensation for their services in conducting elections and returning the poll books and ballots to the county clerk's office, as the county courts of their respective counties may deem reasonable, not to exceed three dollars per day, to be paid out of the county treasury. (R. S. 1899, § 7072, amended, Laws 1909, p. 490.) Sec. 5816. Fines, etc., how appropriated.— All fines, penalties and forfeitures herein imposed, and which are not hereinbefore other- wise appropriated, are appropriated to the school fund of the county. (R. S. 1899, § 7073.) Sec. 5817. Provisions of this chapter to apply to St. Louis city> except. — Except as otherwise provided by law, the provisions of this chapter shall be applicable to the city of St. Louis the same as to counties, and the duties imposed on officers in counties shall likewise be imposed on the corresponding officers of said city. (R. S. 1899^ § 7074.) Sec. 5818. Four judges to be appointed — ballots counted, how. — In all counties in this state, four judges of election shall be appointed by the county court for each election precinct in each of said counties; and there shall also be provided two ballot boxes for said judges of election, one of which shall be numbered No. 1, and the other numbered No. 2; and it shall be the duty of said judges to select from their num- ber two judges who shall be designated and known as receiving judges, and two who shall be designated and known as counting judges. After the poll books are signed in the manner hereinafter provided in the form of the poll books, the ballot box No. 1 shall be opened and examined by all the judges and clerks, and everything removed therefrom; and one of the receiving judges, first selected, shall receive the ballot of each elector, and, after pronouncing the name of such elector in an audible voice, shall pass the ballot to the other receiving judge, who shall number the same and deposit it in said ballot box No. 1, which shall be kept securely closed while the balloting continues for one hour from the time of opening the polls. At the expiration of said hour, the receiving judges shall deliver said ballot box No. 1 to the counting judges, who shall immediately de- liver over to said receiving judges ballot box No. 2, which ballot box No. 2, shall be opened and examined in the presence of all the judges and elerks, and after everything is removed therefrom, shall be se- curely closed, and, during the next hour, said receiving judges shall GENERAL PROVISIONS. 73- receive and deposit ballots therein, in the same manner as during the first hour ballots were received and deposited in ballot box No. 1. After the delivery of ballot box No. 1 to the counting judges, the same shall be immediately opened by them, and the tickets shall be taken out,, one at a time, by one of the counting judges, who shall read distinctly, while the ticket remains in his hand, the name or names written or printed thereon, also the office that is intended to be filled by such person voted for, and deliver the same to the other counting judge, who shall string the same on a thread or string, as provided by law. The same method shall be observed with each ticket, and the counting shall continue thus until all the ballots in the box are counted, and then the counting judges shall securely close ballot box No. 1, and deliver the same to the receiving judges, and receive from the re- ceiving judges ballot box No. 2; and so on in the same manner until the polls are closed and all the ballots are counted. No person or per- sons shall be admitted into the room or office where such ballots are being counted, except the judges and clerks of election: Provided, that any political party may select a representative man who may be admitted as a witness of such counting. It shall be the duty of one of the judges to announce to the electors present the total number of votes polled at each change of the box; but the judges, clerks and witnesses shall make oath that they will make no statement nor give any information of any kind as to the number of votes polled for any office or person, nor the name of any person voted for, nor any other fact tending in any way to show the state of the polls at any time previous to the closing of the polls of said election on the day of the same. (R. S. 1899, § 6996.) Sec. 5819. Qualifications of judges. — No person shall be qualified to act as a judge or clerk of any election unless he shall be legally entitled to vote at such election, and shall moreover be able to read and write. (R. S. 1899, § 6997.) Sec. 5820. Additional judges to be appointed — charge of ballots. At the same time and in the same manner as judges of election are appointed or elected, two additional jndores of election for each election district in the state shall be appointed or elected ; three of the judges shall be taken from the political party that polled the largest number of votes at the last preceding general election, and three of the judges from the party that polled the next largest vote. The judges of elec- tion shall designate two of their number, not of the same party, whose duty it shall be to have charge of the ballots, and to furnish them ta the voters in the manner hereinafter pnu-idod. (R. S. 1899. § 7101.) Sec. 5821. Political parties to furnish county court with list of persons qualified to serve as judges. — All judges of election appointed under the provisions of this article, shall be selected by the county court from a list of persons furnished said court in form and manner following: The political party that polled the largest number of votes at the last preceding general election, and the political party that polled the next largest vote at said election, shall, each, through its central committee, furnish to said county court at least fifteen days 74 ELECTION LAWS. before the election, a list of names of persons qualified by law to serve as judges of election, double the number required for judges of said election, from which said list said county court shall, at least ten days before the election herein provided for, select and appoint the number of judges required to hold said election, taking one-half of the judges «o appointed from each of said list : Provided, that if any party shall fail to present a list of names as aforesaid, within the time aforesaid, then the said county court may select and appoint the requisite num- ber of judges provided by law for said party. (Laws 1907, p. 260.) Sec. 5822. Oath of judges of election. — The judges, before enter- ing upon their duties, shall take the following oath: I do solemnly swear tliat I will impartially discharge the duties of the present election, according to law, to the best of my ability, and that I will not disclose how any voter shall have voted, unless I am required to do so as a witness in the proper judicial proceeding, so help me God. In cities where registration exists, they shall also take the addi- tional oath that they will not allow any person to vote whose name is not duly registered according to law, which oath shall be admin- istered by one of their own body, who in turn may be sworn by one of the other judges. (R. S. 1899, § 6989.) Sec. 5823. Clerks of election. — The judges shall appoint four ■clerks, who, before entering on the duties of their appointment, shall take an oath or afiirmation, to be administered by one of the persons appointed or elected judges of the election, that they will faithfully record the names of all the voters ; said clerks shall also take the oath above prescribed for the judges, to be administered at the same time and in the manner heretofore directed. (R. S. 1899, § 6990.) Sec. 5824. Secretary of state to furnish county clerks copy of election law. — The secretary of state shall furnish to the several coun- ty clerks, and to the register of the city of St. Louis, at least ten days before the next general election, and as often thereafter as may be necessary, a sufficient number of printed pamphlets containing the provisions of the Constitution and laws of the state, prescribing the qualifications and duties of voters and election officers, and imposing penalties upon election officers and voters, and persons attempting or offering to vote in neglect or violation of law. The county clerks and said register shall carefully preserve said pamphlets in their re- spective offices, and at least one copy thereof shall accompany each set of poll books for use at any election, and the same shall be re- turned with the returns of such election ; and it shall be the duty of the sioners. •010. Polls open, when. 6011. Judges and clerks guilty of meaner, when. 6012. Election expenses, how paid. Sec. 5998. Primaries in cities with one hundred thousand in- habitants. — All primary elections hereafter held by any political party having polled at least one-fourth of the total vote cast at the next preceding general election for the purpose of nominating candidates for public offices or for the election of delegates to a party convention held for the purpose of nominating candidates for public offices in cities of one hundred thousand inhabitants or over shall be held under and subject to the following provisions: And for the purpose of determining the population of such cities the aggregate vote cast for the first candidate on each ticket voted for at the last preceding presi- dential election in such cities shall be multiplied by five and the product shall be deemed to be the number of inhabitants in such city. (R. S. 1899, § 7131, amended. Laws 1901, p. 144.) For provisions of general primary law, see Art. 4 of this chapter. Sec. 5999. Notice of election. — The board of election commis- sioners in such cities, upon notification of the managing or controlling committee of such political party before mentioned, shall cause a notice to be printed in at least two daily newspapers printed in the English 120 ELECTION LAWS. language, at least ten days prior to the holding of such election, which notice shall state time and place of holding same, and the offices for which nominations are to be made : Provided, however, that the board of election commissioners shall, within five days, in the event of the failure or neglect of said managing committee to give such notice at least thirty-five days before the regular election, cause to be adver- tised, as above, a notice of a primary election to be held for such political party. (R. S. 1899, § 7132.) Sec. 6000. Polling places — districts, etc. — Each ward in such cities shall have two polling places, to be designated by the board of election commissioners : Provided, that the board of election commis- sioners shall divide said ward into two districts, which shall each con- tain as near as possible, without dividing any election precinct, an equal number of voters, and the polling places shall then be selected by him, as near as may be practicable, in the center of each district. (R. S. 1899, § 7133.) Sec. 6001. Printing and delivering ballots. — ^All ballots cast in such primary election shall be printed and delivered by the board of election commissioners to the judges and clerks of election. (R. Si 1899, § 7134.) Sec. 6002. Number of ballots. — The board of election commis- sioners shall provide for each election district one ballot for each and every voter in such district. (R. S. 1899, § 7135.) Sec. 6003. Copies of poll books.— It shall be the duty of the board of election commissioners to provide copies of the poll books for the use of the judges and clerks at such primary election, and all booths and compartments in his possession that may be necessary at such election. (R. S. 1899, § 7136.) Sec. 6004. Ballot shall contain what. — ^Every ballot printed under the provisions of sections 5998 to 6012, inclusive, shall contain the name of every candidate, also the names of each delegation grouped together upon the ballot under some caption or headline — such caption or headline not to contain more than three words : Provided, however, each candidate and each delegation shall have complied with the con- ditions herein provided. (R. S. 1899, § 7137.) Sec. 6005. How other names and delegations may be placed on the ballot. — ^Any number of qualified voters of a ward, but not less than twenty in number, may by petition and by depositing with the board of election commissioners the sum of fifty dollars, have placed upon the ballot a delegation selected by them; and any citizen possessing the qualifications of a voter may become a candidate at such primary election, by depositing the sum of ten dollars with the board of election commissioners for each and every ward in which he may be a candidate. (R. S. 1899, § 7138.) Sec. 6006. Judges and clerks.— Each delegation may submit a list of three names for each polling place in the ward, from each of which lists the board of election commissioners shall appoint two, one to act as judge, the other as clerk. (R. S. 1899, § 7139.) PRIMARY ELECTIONS, CITIES 100,000. 121 Sec. 6007. Pay of judges and clerks. — No judge or clerk of such primary election shall receive for his services a greater sum than five dollars. (R. S. 1899, § 7140.) Sec. 6008. Duties of judges and clerks. — It shall be the duty of the judges and clerks to count the ballots at the close of the polls and certify the result, in writing, to the board of election commissioners, of the number of votes cast for each candidate and delegate; they shall also deliver to the board of election commissioners with said re- turns the poll books, the ballots cast and the ballot boxes, and said board of election commissioners shall carefully keep said books, re- turns and ballots until after the convention to which said delegates shall be elected is held. In case any of the judges or clerks refuse to sign the returns from any polling place in such election, then it shall be the duty of the board of election commissioners to deliver to the said convention, when organized, the poll books, the ballots and returns used at such polling place at said election. (R. S. 1899, § 7141.) Sec. 6009. Duty of board of election commissioners. — ^It shall be the duty of the board of election commissioners to furnish a certificate of election to each candidate and each delegate receiving the highest number of votes. (R. S. 1899, § 7142.) Sec. 6010. Polls open, when. — The polls shall be open from one o'clock p. m. to eight o'clock p. m. upon the day of such election. (R. S. 1899, § 7143.) Sec. 6011. Judges and clerks guilty of misdemeanor, when. — Any person who shall act as judge of election without having been duly sworn shall be deemed guilty of a misdemeanor, and, upon conviction thereof, punished as provided for in section 5839. Any person who shall serve as judge or clerk at any polling place in such election, who is not a bona fide resident of and a registered voter in the district in which said polling place is located, shall be deemed guilty of a mis- demeanor, and, upon conviction thereof, shall be punished as provided in section 5839. (R. S. 1899, § 7144.) Sec. 6012. Election expenses, how paid. — The expense of holding such primary election shall be paid from the money deposited with the board of election commissioners ; should a surplus remain in the hands of the board of election commissioners, it shall within six months after such primary election be turned into the treasury of the school board of the city. (R. S. 1899, § 7145.) 122 ELECTION LAWS. Primary Elections in Counties and Cities Having Three Hundred and Fifty Thousand Inhabitants or More — Establishment of Non- partisan Judiciary. SECTION 1. Candidates, how nominated. 2. Ballot— to contain what— candidates not nominated from any one politi- cal party. 3. General election laws applicable. SECTION 4. Candidate may file petition, whom— to contain what. 5. Vacancies, how filled. 6. Repealing conflicting acts. with Section 1. Candidates, how nominated. — ^For the purpose of es- tablishing a non-partisan judiciary in state circuits courts in all coun- ties and cities in this state which now have and such as may hereafter have a population of three hundred and fifty thousand inhabitants or more it is provided that at the general primary election held for the purpose of nominating candidates for state, city or county offices each political party presenting a ticket at such primary shall select from each ward vrithin such circuit or circuits one delegate to a nominat- ing convention to be held as hereinafter provided for each one thou- sand votes or fraction thereof cast within said ward for the candidate of such political party for the office of governor of the state at the last general election and there shall be printed or written upon all ballots at such primary under the caption: "for delegates to non- political judicial convention '* the name or names of such proposed delegate or delegates to be voted upon and the persons receiving the highest number of votes at such election shall be elected in this order according to the number of votes received as such delegates. The persons so selected by all political parties as such delegates shall meet in convention within ten days after the holding of such primary elec- tion and there nominate a candidate or candidates to be voted on at the general election to fill every such judicial office to be filled within such circuit. (Laws 1913, p. 334.) Sec. 2. Ballot — ^to contain what — candidates not nominated from any one political party. — Names of candidates for said judicial offices so chosen shall be printed upon the general election ballot of each political party and following the names of such candidates upon the ballot shall be printed the office to be filled and nothing shall be printed or written or otherwise appear upon such ballot to indicate the political party, if any, to which any of such candidates belong or affiliate: It is further provided^ that of the total number of such judicial offices to be filled not more than one-half the candidates there- for shall be nominated from any one political party: Provided, that when an uneven number of judicial offices are to be filled the odd candidate for such office may be nominated from any political party. (Laws 1913, p. 335.) Sec. 3. General election laws applicable. — Except as otherwise provided in this act the provisions of the general laws of the state of PRIMARY ELECTIONS, CITIES FOUR HUNDRED THOUSAND. 123 Missouri relating to the nomination and election of candidates for public offices in cities and counties having more than three hundred and fifty thousand inhabitants are hereby made applicable to the nomination and election of candidates for said judicial offices. (Laws 1913, p. 335.) Sec. 4. Candidate may file petition, with whom — ^to contain what. Any person, who desires to become a candidate for the office of such judgeship and otherwise qualified therefor as by the laws of this state provided, shall upon filing a petition with the board of election commis- sioners of such city or county signed by not less than five per cent of the total number of votes cast for the office of governor at the last preceding general election declaring his intention to become a candi- date for such office have his name printed upon the official ballot at such general election and all votes cast for such candidate shall be received, canvassed and counted in the same manner as provided for in respect to all other candidates upon such ticket. (Laws 1913, p. 335.) Sec. 5. Vacancies, how filled. — ^Appointments to fill vacancies in said offices shall be made without regard to the politics of the person so appointed. (Laws 1913, p. 335.) Sec. 6. Repealing conflicting acts. — That all acts or parts of acts in conflict herewith are hereby repealed. (Laws 1913, p. 335.) ARTICLE XI. Primary Elections in Cities Having Over Four Hundred Thousand Inhabitants. SECTION 1. Repealing clause— title and applica- tion of article. 6013. Definition and construction of ar- ticle. 6014. Nominations— how made— exceptions. 6014a. Deposit as evidence of good faith. 6015. Deposit of nonpartisan candidate to go Into city revenue fund— when. Declaration to be filed— where. Board of election commissioners shall publish names of candidates, etc.— when and how long. In what pai)ers publication Is to be made. 6019. Commissioners to provide official ballot— application of "primary." 6020. Primary held— where— when. 6021. City register to notify board of election commissioners of what— when. Board of election commissioners to make publication of what— when. Declaration to be filed by candidate, 6024. Duties of board of election commis- sioners respecting printing and distribution of official primary ballots. 6016. 6017. 6018. 6022. 6023. 6026. 6027. SECTION 6025. At public expense — what— how paid for. Tickets— how prepared— how voted. Vacancies— how filled. 6028. Who entitled to vote. 6029. Who may be present— canvassed— how. 6030. Returns— how made and to whom. 6030a. Canvass of returns— how conducted. 603L Whose name shall appear on official ballot as nominee. 6032. Platform— how made. 6032a. Tie— how decided. 6032b. Board of election commissioners to prepare forms. 6032e. Challengers and watchers. 6033. Commissioners to declare result and Issue nomination certificate. 6034. Nonpartisan candidates, how nom- Inated- 6035. Nonpartisan candidates— ballot. 6035a. Judges and clerks. 6036. Penalties and provisions of elee- tlons — laws apply. 6036a. Penalty. 6037. Inconsistent acts repealed. 124 ELECTION LAWS. Section 1. Repealing clause — title and application of article. — Article XI of chapter 43 of the Revised Statutes of Missouri of 1909, entitled ''Primary elections for cities having over 300,000 inhabitants," is hereby repealed and a new article in lieu thereof enacted to be known as article XI of chapter 43, and entitled: ''An act providing for the nomination of all elective city and municipal offices in the cities in this state which now have, or may hereafter have over 400,000 inhabitants; defining a political party subject to the provisions of this article; defining non-partisan candidates subject to the pro- visions of this article; providing for holding primary nominating elections preceding any election in such city (except special elections to fill vacancies) for the purpose of nominating all the candidates by all political parties subject to this law for all public offices to be filled at the next ensuing election; defining the term primary nominating elections within the meaning of this article ; providing for the nomi- nation of non-partisan candidates by certificates signed by electors; for the prevention of frauds and the punishment of crimes committed and applying to said primary nominating elections, so far as the same are not in conflict with the provisions of this article, the provisions of the statutes now in force in relation to the holding of elections, with sections numbered as follows: 6013, 6014, 6014a, 6015, 6016, 6017, 6018, 6019, 6020, 6021, 6022, 6023, 6024, 6025, 6026, 6027, 6028, 6028a, 6030, 6030a, 6031, 6032, 6032a, 6032b, 6032c, 6033, 6034, 6034a, 6035, 6035a, 6036, 6036a, 6037, 6037a, to wit:" Sec. 6013. Definition and construction of article. — Whenever the provisions of this law in operation prove to be of doubtful or uncer- tain meaning, or not sufficiently explicit in directions and details, the general laws of Missouri, and especially the election and registration laws, and the customs, practice, usage and forms thereunder, in the same circumstances or under like conditions, shall be followed in the construction and operation of this law, to the end, that the protec- tion of the spirit and intention of said laws shall be extended so far as possible to all primary nominating elections provided by this article. (Laws 1913, p. 337.) Sec. 6014. Nominations — how made — exceptions. — ^Hereafter all candidates for elective offices other than those to be elected at a gen- eral state election and all special elections to fill vacancies in cities of this state which now have or which hereafter acquire 400,000 inhabit- ants or more, shall be nominated at a primary election by the direct vote of the qualified voters of such cities or by certificates of election, in accordance with the provisions of this act. A political party, with- in the meaning of this article, is an affiliation of electors representing a political party or organization which at the last preceding general state election before such primary polled as a party at least three per cent of the entire vote cast in such city for the office of governor or for the office of judge of the supreme court, elected at such preceding election. The term "non-partisan candidate," within the meaning of this article, shall apply to all candidates who shall be nominated PRIMARY ELECTIONS, CITIES FOUR HUNDRED THOUSAND. 125 by a certificate signed by electors, as in this act provided : Provided, however, that nothing in this act shall be understood to apply to the nomination or election of members of a board of freeholders to draft a new charter for such city or members of boards of education or shall apply in any way to school nominations or elections. (Laws 1913, p. 337.) Sec. 6014a. Deposit as evidence of good faith. — ^Each candidate previous to filing such declaration papers, as in this act prescribed, shall pay to the treasurer of the city central committee of the political party upon whose ticket he proposes as a candidate and seeks nomina- tion, a certain sum of money, as follows, to-wit : Two per cent of the salary for one year of the office for which he is a candidate, and take a receipt therefor, and file such receipt with and at the time he files his declaration papers. The said sums of money, so paid by the several candidates, shall be evidence of their good faith in filing said declaration papers, and shall be used as an expense fund by the sev- ral political parties upon whose tickets the various candidates pro- pose as candidates and seek nomination after such nominations are made, it being the intent of this act that no sums or parts of the money so paid in shall be used by such treasurer or other member of such committee, or other person or persons, to procure or to defeat the nomination of any candidate or candidates who file declarations and seek nomination under the provisions of this act; and such sums of money so paid shall be excepted from the terms and provisions of the corrupt practice act. (Laws 1913, p. 337.) Sec. 6015. Deposit of non-partisan candidate to go into city reve- nue fund — when. — Any person or persons filing certificates signed by electors for "non-partisan candidates" as provided in section 6034a of this act shall pay the same sum of money required by this act to be paid by any candidate of a political party for the office for which he proposes to the city treasurer, take a receipt therefor and file said receipt with his certificate of nomination; said sum of money so paid shall "go into the general revenue fund of the city. (Laws 1913, p. 338.) Sec. 6016. Declaration to be filed — ^where. — ^No person shall file more than one written declaration indicating the party designation under which his name is to be printed on the official ballot, and it shall be unlawful for his name to appear on more than one ballot at said primary election, and all declaration papers shall be filed with the board of election commissioners of such city, and such declaration papers shall not be withdrawn, but the names of candidates who so declare shall be printed on the official primary ballot. (Laws 1913, p. 338.) Sec. 6017. Board of election commissioners shall publish names of candidates, etc. — when and how long. — Such board of election com- missioners shall publish, under the proper party designation, the title to each office, the names, addresses and occupations of all persons who shall have filed declaration papers, giving the name, address, and occupation of each, the date of the primary, the hours during which 126 ELECTION LAWS. the polls will be open, that the primary will be held at the regular polling places in each precinct. It shall be the duty of such board to publish such notice for three consecutive days next prior to said primary. (Laws 1913, p. 338.) Sec. 6018. In what papers publication is to be made. — ^Each pub- lication required in this act shall be made in five English newspapers of general circulation in such city; one of such newspapers shall repre- sent the political party that cast the largest vote in such city at the last preceding general election, and one of such newspapers shall repre- sent the political party that cast the next largest vote in such city at the last preceding general election. (Laws 1913, p. 338.) Sec. 6019. Commissioners to provide official ballot — application of ** primary." — The board of election commissioners shall cause to be printed for use at each voting precinct in the form provided herein an official ballot upon which the names of all the candidates for the respective offices, who shall have filed declaration papers, as in this act provided, shall be printed, and ** primary," as used in this article, shall apply to all primary nominating elections provided for by this act. (Laws 1913, p. 338.) Sec. 6020. Primary held — ^where — ^when. — The primary election shall be held at the polling places in each precinct, as near as may be, at which the succeeding election is to be held in cities to which this act is applicable on Friday of the fourth week preceding the election, and biennially thereafter, for the nomination of all candidates by electors, to be* voted for at the next April election. (Laws 1913, p. 338.) Sec. 6021. City register to notify board of election commissioners of what — ^when. — ^At least fifteen days before the time for holding such March primary election the city register shall prepare and transmit to the board of election commissioners in each city to which this act is applicable a notice in writing, designating the offices to be filled at the succeeding city election and the yearly salaries of each. (Laws 1913, p. 339.) Sec. 6022. Board of election commissioners to make publication of what — when. — Upon receipt of such notice such board of election commissioners shall, beginning within two days thereafter, cause to be published for two consecutive days a list of offices for which can- didates are to be nominated at such primary in five newspapers of general circulation, published in the city in which such board of elec- tion commissioners are acting. (Laws 1913, p. 339.) Sec. 6023. Declaration to be filed by candidate. — The name of no candidate shall be printed upon any official ballot at any primary election held under the provisions of this act unless at least eleven days prior to such primary election and on or before 9:00 o'clock p. m. of such day a written declaration shall be filed by the candidate, as provided in this act, stating his full name, residence, occupation, in typewritten or printed words, and the office for which he proposes as a candidate, the party upon whose ticket he is to be a candidate, that if PRIMARY ELECTIONS, CITIES FOUR HUNDRED THOUSAND. 127 nominated and elected to such office he will qualify, and such declara- tion shall be substantially in the following form: I, the undersigned (a sufficient space in which to tj^ewrite or print his name, residence and occupation), a resident and qualified elector of the precinct of the ward, in the city of , Missouri, do announce myself as a candidate for the office of on the ticket, to be voted for at the primary election to be held on the day of March, , and I further declare that if nominated and elected to such office I will qualify. (Signed) (Laws 1913, p. 339.) Sec. 6024. Duties of board of election commissioners respecting printing and distribution of official primary ballots. — Immediately after the last day and hour for filing declarations of candidates, as provided in this act, the board of election commissioners shall prepare and cause to be printed official primary ballots for each party as de- fined in this act, placing on each of said ballots, under the appropriate title of each office, and party designation, the names of all candidates to be voted for at such primary; the names of all candidates shall be arranged under the appropriate title of the respective offices and under the proper party designation upon the party ticket for which they have filed. The board of election commissioners shall provide for each election precinct in such city official primary ballots to a number equal to twice the number of registered voters in each re- spective precinct for each political party represented by candidates at the primary election and cause same to be delivered within twenty- four hours before the opening of the polls for the said primary election to the judges of election in the various precincts by delivering the same to the homes of such judges. The board of election commissioners shall retain, however, of the amount of ballots which they are to have printed for each political party represented at said primary election one-fourth of the number of ballots for each respective precinct, which shall be kept securely locked in the vault at the office of the board of election commissioners, to be used in case of emergency only. (Laws 1913, p. 339.) * Sec. 6025. At public expense — ^what — how paid for. — ^AU ballots, blanks and other supplies to be used at any primary election held under the provisions of this act, and all expenses necessarily incurred in the preparation for and in conducting such primary, including clerical help, and an assistant at such compensation as the board of election commissioners may fix, shall be paid out of the treasury of the city and by the same officers as in case of elections, and the board of election commissioners shall at once prepare its estimate showing the amount necessary to appropriate for such primary election, and it shall be mandatory for the officers charged with such duties, and the common council of cities to which this act is applicable, to appropriate the money required by such board, and such board shall audit and approve all such expenses as are by it incurred and deemed necessary, and shall draw its warrant for the same on the treasurer of said city, and such treasurer shall pay out of the treasury such warrants and retain the same as his vouchers. If the officers of such cities shall fail 128 , ELECTION LAWS. or refuse to appropriate such money upon the demand of the board of election commissioners, the treasurer shall pay such warrants and charge the same to any fund not otherwise appropriated. Laws 1913, p. 340.) Sec. 6026. Tickets — how prepared— how voted. — At all such pri- mary elections there shall be as many separate tickets as there are parties entitled to participate in such primary election. The names of all candidates shall be arranged under the appropriate title of the respective offices and under the proper party designated upon the party ticket : Provided, however, the names of the candidates for each office shall be so alternated on the ballots used in the several wards that each name shall appear thereon substantially an equal number of times at the top, at the bottom and in each intermediate plate [place], if any, of the list or group of names in which such candidate's name may belong, and all officers charged with the preparation and distribution of such ballots shall cause the printer's forms to be so transposed and the ballots so made up as to carry out the intent of this provision. The intent hereof being that the board of election commissioners shall arrange the names on the respective ballots differ- ently in the respective wards of such city. If any elector writes upon his ballot the name of any person who is a candidate for the same office upon some other ticket than that upon which his name is so written, this ballot shall not be counted for such person. On any day of nomination of public officers in any primary election precinct, each qualified elector shall upon application be entitled to receive from the judge of election one ballot of the political party participating in such election for which he desires to vote. It shall be the duty of such judges of election to deliver such ballot to the electors ; before deliv- ering a ballot to an elector the two judges of election having charge of the ballot shall write their names or initials upon the back of the ballot with indelible pencil, and no other writing shall be on the back of the ballot except the number of the ballot voted. (Laws 1913, p. 340.) Sec. 6027. Vacancies — ^how filled. — Vacancies occurring after the holding of any primary or where no person shall offer himself as a candidate before such primary, shall be filled by the party committee of such city: Provided, however, that no name shall be allowed on any ticket until the required fee shall have been paid. (Laws 1913, p. 341.) Sec. 6028. Who entitled to vote. — No person shall be entitled to vote at any primary unless a qualified elector of the precinct and duly registered therein, and known to affiliate with the political party named at the head of the ticket he calls for, or will make affidavit or furnish proper proof that he is affiliated with the party whose ticket he calls for, or obligates himself under oath to support the nominee of said party at the following city election. (Laws 1913, p. 341.) Sec. 6029. Who may be present — canvassed — ^how. — The canvass of the votes polled at such primary election in a precinct shall be PRIMARY ELECTIONS, CITIES FOUR HUNDRED THOUSAND. 129 made in the same manner and by the same officer as provided by law in case of elections held to fill public offices. The party chairman of each political party of the city, or some duly appointed agent to represent each party, shall be allowed to be present and observe the proceedings in the precinct canvassed. (Laws 1913, p. 341.) Sec. 6030. Returns — how made and to whom. — The precinct judges and clerks of election shall immediately after the canvass of the ballot cast, on blanks to be provided for that purpose by the elec tion commissioners, make full and accurate returns of the votes cast for each candidate to the board of election commissioners. (Laws 1913, p. 341.) Sec. 6030a. Canvass of returns — ^how conducted. — The canvass of the precinct of a primary shall be made by the board of election commissioners and in the manner as now provided by law, for the canvass of returns of a November general election. The board shall meet and begin the canvass of such returns at ten o'clock on the Mon- day following the primary. These returns shall set out the whole number of votes cast for each candidate of each political party and a duplicate of the total votes cast for the candidates of each political party shall be mailed postage prepaid to the chairman of the city committee of such party to his last known address. (Laws 1913, p. 341.) Sec. 6031. Whose name shall appear on official ballot as nominee. The person receiving the greatest number of votes at a primary as the candidate of a party for an office shall be the candidate of that party for such office and his name as such candidate shall be placed on the official ballot at the following election. (Laws 1913, p. 341.) Sec. 6032. Platform — how made. — On the first Friday following said primary election the nominee of each party chosen at such pri- mary election, at such convenient place as may be designated by the chairman of the city central committee of such party, in cities to which this act is applicable, shall meet and forthwith formulate a city platform for their party and make public the same not later than six o'clock in the afternoon of the following day. (Laws 1913, p. 342.) Sec. 6032a. Tie — how decided. — In case of a tie vote, the candi- dates having such equal number of votes shall immediately determine by lot in the presence of the election commissioners and in such man- ner as they may designate which shall be the nominee. (Laws 1913, p. 342.) Sec. 6032b. Board of election commissioners to prepare forms. It shall be the duty of the board of election commissioners to prepare and have printed for primary election, blanks for carrying out the provisions of this act. (Laws 1913, p. 342.) Sec. 6032c. Challengers and watchers.— The challengers and watchers for primary elections held under this act shall be appointed in the same manner and possess the same qualifications and consist of the same number of challengers and watchers as of general elec- tions in this state. (Laws 1913, p. 342.) 130 ELECTION LAWS. Sec. 6033. Commissioners to declare result and issue nomination certificate. — Immediately "upon the completion of the canvass of the returns of the primary election, the election commissioners shall de- clare the result and issue a certificate of nomination to each person on each party ticket receiving the highest number of votes for nomi- nation for an office. (Laws 1913, p. 342.) Sec. 6034. Non-partisan candidates, how nominated. — ^Hereafter all ** non-partisan candidates," as defined in this act, for elective city and municipal offices for which the nomination of candidates of po- litical parties are required to be made by a primary nominating elec- tion held under the provisions of this article, shall be nominated by a certificate signed by registered electors residing within the city or political division for which the candidate is presented to a number equal to two per cent of the entire vote cast for mayor at the last preceding election in the city or division for which the nomination is made : Provided, that signers shall declare in said certificate that they are bona fide supporters of the candidate or candidates sought to be nominated, and have not aided and will not aid in the nomination of any other candidate or candidates for the same office or offices. Said certificates of nominations by electors shall be filed in the office of the board of election commissioners for such city not less than fifteen days before the election. (Laws 1913, p. 342.) Sec. 6035. Nonpartisan candidates — ^ballot. — The names of per- sons nominated by certificate signed by electors shall be placed on an official ballot at the following election under the heading "nonpartisan candidate '* or ''nonpartisan candidates." (Laws 1913, p. 343.) Sec. 6035a. Judges and clerks. — The judges and clerks for pri- mary elections held under this act shall be appointed in the same man- ner and possess the same qualifications, and consist of the same num- ber as judges and clerks of general elections in this state, in cities to which this act is applicable, and shall receive the same compensation, and the judges and clerks regularly appointed and commissioned for regular elections, except in cases of vacancies, shall act in primary elections, held under this act during the terms for which they were appointed. (Laws 1913, p. 343.) Sec. 6036. Penalties and provisions of elections — ^laws apply. — The provisions of the statutes now in force in relation to the holding of elections, the solicitation of voters at the polls, the challenging of votes, the manner of conducting elections, of counting the ballots and making the returns thereof, and all other kindred subjects, shall ap- ply to all primaries in so far as they are consistent with this act; the intent of this act being to place primary elections in cities to which this act is applicable under the regulation and protection of the law now in force as to general elections. Any act declared to be an offense by the general laws of this state concerning caucus and elec- tions shall also, in like case, be an offense in all primaries held under the provisions of this act and shall be punished in the same form and manner as therein provided, and all the penalties and provisions of CORRUPT PRACTICES. 131 the law as to such caucuses and elections, except as herein otherwise provided, shall apply in such cases with equal force and to the same extent as though fully set forth in this act. (Laws 1913, p. 343.) Sec. 6036a. Penalty. — Any person violating any of the provisions or requirements of this act for which no other or different punishment is prescribed shall be guilty of a felony and upon conviction be pun- ished by imprisonment in the state penitentiary for a term of not less than two nor more than five years. (Laws 1913, p. 343.) Sec. 6037. Inconsistent acts repealed. — ^All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. (Laws 1913, p. 343.) ARTICLE Xn. CORRUPT PRACTICES. SEXn'ION 6038. Who deemed guilty of bribery. 6039. Other persons deemed gruilty of bribery. 6040. Candidates guilty of bribery, etc., when, 6041. Use of, or threat to make use of violence, etc., to compel or In- duce persons to vote — ^penalty. 6042. Employes to be allowed four hours —penalty, etc. 6043. Corporation using threats or money, etc — penalty. 6044. Oflacer of corixjration threatening discharge, etc, to influence em- ploye e — penalty. 6045. Personation of another — penalty. 6046. Amount to be expended by candi- dates — how determined. 6047. Statement of moneys expended to be made, filed, etc — penalty for failure. 6048. Failure to comply with preceding section — penalty. 6049. Statement of expenditures to be filed, when. 6050. Person receiving next highest number of votes declared elect- ed, when. SECTION 6051. Attorney-general, duties of. 6052. Attorney-general or prosecuting attorney refusing to act. Suit brought by whom. 6053. Actions to have preference on docket 6054. Judgment in favor of state or plaintiff, when. 6055. Oflice declared vacant, when. 6056. Persons not to be excused from answering questions, when. 6057. Who deemed a political commit- tee. 6058. Committee to appoint treasurer — duties. 6059. Duties of treasurer. 6060. Statement of receipts and expendi- tures to be filed by treasurer. 6061. Statement and accounts to be open to Inspection. 6062. Treasurer failing to file statement — penalty. 6063. Failure of treasurer to keep ac- count — mutilation of book — failure to file statement — pen- alty. Sec. 6038. Who deemed guilty of bribery. — The following per- sons shall be deemed guilty of bribery at elections, and shall be punished accordingly: First — Every person who shall directly or indirectly, by himself, or by any other person on his behalf, give, lend or agree to give or lend, or shall offer, promise, or promise to procure or endeavor to procure, any money or valuable consideration to or for any voter, or to or for any person on behalf of any voter, or to or for any other person, in order to induce any voter to vote, or refrain from voting, or shall cor- ruptly do any such act as aforesaid, on account of such voter having voted or refrained from voting at any election. 132 ELECTION LAWS. Second — Every person who shall, directly or indirectly, by himself, or by any other person on his behalf, give or procure, or agree to give or procure, or offer, promise, or promise to procure, or endeavor to procure, any office, place or 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 other person, in order to induce such voter to vote, or refrain from voting, or shall corruptly do any such act as aforesaid, on account of any voter having voted or refrained from voting at any election. Third — Every person who shall, directly or indirectly, by himself, or any other person on his behalf, make any such gift, loan, offer, promise, procurement or agreement as aforesaid, to or for any person, in order to induce such person to procure, or endeavor to procure, the election of any person to a public office, or the vote of any voter at any election. Fourth — ^Every person who shall, upon or in consequence of any such gift, loan, offer, promise, procurement or agreement, procure or engage, promise, or endeavor to procure, the election of any person to a public office, or the vote of any voter at any election. Fifth — 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; and any per- son so offending shall be guilty of a felony, and shall be punished by imprisonment in the penitentiary for a term of not less than two years and not more than five years ; and for every such offense he shall also forfeit the sum of five hundred dollars, with costs of suit, to any person who shall sue for the same in the name of the state of Mis- souri, to the use of the person suing, in any circuit court in this state having jurisdiction of the person of the defendant : Provided, 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 account of any legal expenses bona fide incurred at or concerning any election. (R. S. 1899, § 7171.) Sec. 6039. Other persons deemed guilty of bribery. — The follow- ing persons shall also be deemed guilty of bribery at elections, and shall be punished accordingly: First, every voter who shall, before or during any election, directly or indirectly, by himself, or by any other person on his behalf, receive, agree or contract for any money, gift, loan or valuable consideration, office, place or employment, public or private, for himself or for any other person, for voting, or agreeing to vote, or for refraining or agreeing to refrain from voting at any election. Second, every person who shall, after any election, directly or indirectly, by himself, or by any other person on his behalf, re- ceive 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 offending shall be guilty of a misdemeanor, and shall be punished by imprisonment in the county jail not less than one month and not more than one year. (R. S. 1899, § 7172.) CORRUPT PRACTICES. 133 Sec. 6040. Candidates gxiilty of bribery, etc., when. — ^Any candi- date for a public office, or any person seeking to become the nominee of any party as such candidate, who, within ten days prior to any primary election or meeting held to select delegates to a convention to nominate a candidate for the public office which he seeks to obtain, or who within sixty days 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 expense of giving or providing any meat, drink, entertainment or provision to or for any person, for the purpose of corruptly influencing that person 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 twenty-five dollars for each offense. (R. S. 1899, § 7173.) Sec. 6041. Use of, or threat to make use of violence, etc., to compel or induce persons to vote — ^penalty. — ^Every person who shall directly or indirectly, by himself, or any other person on his behalf, make use of or threaten to make use of any force, violence or re- straint, or inflict or threaten to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm or loss upon or against any person, in order to induce or compel such person to vote or refrain from voting at any election, or who shall, by abduction, duress, or any fraudulent device or contrivance, impede or prevent the free exercise of the franchise of any elector, or shall thereby compel, induce or prevail upon any elector either to give or refrain from giving his vote at any election, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail not less than one month and not more than one year. (R. S. 1899, § 7174.) Sec. 6041. Employes to be allowed four hours — ^penalty, etc.— Any person entitled to vote at any election in this state shall, on the day of such election, be entitled to absent himself from any service or employment in which he is then engaged or employed, for a period of four hours between the times of opening and closing the polls ; and such voter shall not, because of so absenting himself, be liable to any penalty : Provided, however, that his employer may specify the hours during which such employe may absent himself as aforesaid. Any per- son or corporation who shall refuse to any employe the privilege here- by conferred, or shall discharge or threaten to discharge any employe for absenting himself from his work for the purpose of said election, or shall cause any employe to suffer any penalty or deduction of wages because of the exercise of such privilege, or who shall directly or indirectly violate the provisions of this section, shall be deemed guilty of a misdemeanor, and on conviction thereof be fined in any sum not exceeding five hundred dollars. (R. S. 1899, § 7175.) Sec. 6043. Corporation using threats or money, etc. — penalty. — It shall not be lawful for any corporation organized and doing busi- ness under and by virtue of the laws of this state, to directly or in- 134 ELECTION LAWS. directly, by or through any of its officers or agents, or by or through any person or persons for them, influence or attempt to influence the result of any election to be held in this state, or procure or endeavor to procure the election of any person to a public office by the use of money belonging to such corporation, or by subscribing any money to any campaign fund of any party or person, or by discharging or threatening to discharge any employe of such corporation for reason of the political opinions of such employe, or to use or offer to use any power, effort, influence or other means whatsoever, to induce or per- suade any employe or other person entitled to register before or vote at any election, to vote or refrain from voting for any candidate, or on any question to be determined or at issue at any election. Any violation of the provisions of this section by a corporation shall be deemed and held as a forfeiture of its charter or franchise, as granted or derived from the state, as for willful misuser thereof, and such corporation shall be enjoined from transacting any business in this state; and such forfeiture or injunction may be adjudged by any circuit court of any county in which such corporation is located, in a suit instituted for that purpose, in the name of the state of Missouri, by the prosecuting attorney of any county, and in the city of St. Louis by the circuit attorney or by the attorney-general. (R. S. 1899, § 7176.) Sec. 6044. Officer of corporation threatening discharge, etc., to influence employe — ^penalty. — ^Every officer or agent of any railroad or other corporation, company or association, and every individual con- ducting or carrying on any business in this state and having under his control or supervision, or in his employ any servants, agents or other employes entitled to vote at any election in this state, who shall either directly or indirectly, or by or through any person or persons for him, discharge or offer or attempt to discharge from any employment, service or position, any such employe for reason of the political opin- ions or belief of any such emj^oye, or who shall coerce or attempt to coerce, intimidate or bribe any employe, or who shall by or through any unjust, corrupt or unlawful means, procure or attempt to procure or influence any employe entitled to register before or vote at any election, to vote or refrain from voting for any candidate for any public office at any election, or on any question to be determined or at issue in any election held in this state, shall be deemed guilty of a felony, and on conviction thereof, shall be punished by imprison- ment in the penitentiary not less than two nor more than five years. (R. S. 1899, § 7177.) Sec. 6045. Personation of another — penalty. — A person shall, for all purposes of this article, be deemed guilty of the offense of persona- tion, who, at any election held pursuant to the laws of the state, ap- plies for a ballot paper 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 paper in his own name or any other name ; and any person who commits the offense of personation, or who aids, abets, counsels CORRUPT PRACTICES. 135 or procures the commission of that offense, shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the penitentiary for a term of not less than two years or more than five years. (R. S. 1899, § 7178.) S€C. 6046. Amount to be expended by candidates — ^how de- termined. — No candidate for congress or for any public office in this state, or in any county, district or municipality thereof, which office is to be filled by popular election, shall, by himself or 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, contribute or expend any money or other valuable thing in order to secure or aid in securing his nomination or election, or the nomination or election of any other person or persons, or both such nomination and election, to any office to be voted for at the 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, one hundred 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 thou- sand, one dollar; and for each one hundred voters over fifty thous- and, 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, contribution 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 or purposes, is hereby declared unlawful. (R. S. 1899, § 7179.) Sec. 6047. Statement of moneys expended to be made, filed, etc. — penalty for failure. — Every person who shall be a candidate before any caucus or convention, or at any primary election, or at any election for any state, county, city, township, district or municipal office, or for senator or representative in the general assembly of Missouri, or for senator or representative in the congress of the United States, shall, within thirty days after the election held to fill such office or place, make out and file with the officer empowered by law to issue the certificate of election to such office or place, and a duplicate thereof with the recorder of deeds for the county in which such candidate re- sides, a statement in writing, which statement and duplicate shall be subscribed and sworn to by such candidate before an officer authorized to administer oaths, setting forth in detail all sums of money, except all sums paid for actual traveling expenses, including hotel or lodging bills, contributed, disbursed, expended or promised by him, and, to the best of his knowledge and belief, by any other persons or person 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 persons at said election, and showing the dates when and the persons to whom and the pur- poses for which all such sums were paid, expended or promised. Such statement shaU also set forth that the same is as full and explicit as affiant is able to make it. No officer authorized by law to issue com- 136 ELECTION LAWS. missions or certificates of election shall issue a commission or certificate of election to any such person until such statement shall have been so made, verified and filed by such persons with said officer. (R. S. 1899, § 7180.) Sec. 6048. Failure to comply with preceding section — ^penalty. — Any person failing to comply with the provisions of section 6047 of this article shall be liable to a fine not exceeding one thousand dollars, to be recovered in an action brought in the name of the state by the attorney-general, or by the prosecuting attorney of the county of the candidate's residence, the amount of said fine to be fixed within the above limit by the jury, and to be paid into the school fund of said county. (R. S. 1899, § 7181.) Sec. 6049. Statement of expenditures to be filed, when. — No person shall enter upon the duties of any elective office until he shall have filed the statement and duplicate provided for in section 6047 of this article, nor shall he receive any salary or any emolument for any period prior to the filing of the same. (R. S. 1899, § 7182.) Sec. 6050. Person receiving next highest number of votes de- clared elected, when. — At any time during the term of office of any public officer elected under the laws of this state, or under the charter of any city therein, the person who received the next highest number of votes for such office at the election at which such public officer was elected, as shown by the official count, may present an application in writing, and verified by his affidavit, to the attorney-general, setting forth one or more of the following charges against such public officer, to wit : That at the election at which such public officer was elected, the total amount expended, contributed or incurred by such officer exceeded the sum allowed by section 6046 of this article for such candidate, or that votes were secured by him or his agent or agents, or with his consent or connivance, or with the consent or connivance of his agent or agents, by some committee or organization, or some political party, of which party such public officer was a nominee, or by which he was supported, or the agent or agents of some such committee or organization, by paying, contributing, offering or promising to con- tribute money or other valuable thing as a compensation or reward, or by some promise or infiuence, the giving of such vote or votes, or that votes were withheld from such applicant by reason of such practices by or on behalf of such officer, agent, committee or organiza- tion, or by reason of some act on behalf of such officer declared by this article to be unlawful; and further setting forth that the applicant desires said attorney-general to bring an action to have such public office declared vacant on account of said violation of the laws con- cerning elections. Such application shall be accompanied by a bond to the state of Missouri in the penalty of one thousand dollars, sub- scribed by two sureties, who shall justify as freeholders of the state, and in double the amount of such penalty, exclusive of all their debts and liabilities, and property exempt by law from levy and sale under execution — such bond to be conditioned for the payment to the state of all the taxable costs and disbursements for which it may become liable for or on account of such action. (R. S. 1899, § 7183.) CORRUPT PRACTICES. 137 Sec. 6051. Attorney-general, duties of. — ^It shall be the duty of the attorney-general, within ten days after the receipt of such applica- tion and bond, to begin an action against such public officer, or to instruct the prosecuting attorney of the county in which such public officer resides, to bring such action within ten days after such notice, to have said office declared vacant, and for such other or further relief appropriate in an action against the usurper of any office or franchise. Such action shall be deemed to be and shall be conducted according to the rules prescribed by law for an action against the usurper of an office or franchise ; and it shall be the duty of any prosecuting attorney to bring such action within ten days after the receipt of such notice from the attorney-general. (R. S. 1899, § 7184.) Sec. 6052. Attorney-general or prosecuting attorney refusing to act, suit brought by whom. — In case the attorney-general and prose- cuting attorney shall neglect or refuse to bring such action within the time limited in section 6051 of this article, it shall be lawful for the applicant to bring such action in the name of the state, but at his own expense, and by his attorney or attorneys ; and in any action so brought by said applicant, no recovery for costs and disbursements shall be had against the state : Provided, that in any case, whether instituted by the attorney-general or the prosecuting attorney, or by the appli- cant in person, if the court shall, at any time pending such action, find the bond given as aforesaid inadequate in amount to cover the costs accrued or likely to accrue in the cause, or shall find any surety or sureties insufficient, additional bond or other sureties may be re- quired by the court, within such time and upon such terms as the court may order; and upon failure to comply with any such order of the court, such action may be dismissed at the cost of the applicant and his sureties. (R. S. 1899, § 7185.) Sec. 6053. Actions to have preference on docket. — Such action shall have a preference on the docket of any court of the state in which the same shall be pending, over all other civil actions whatever. (R. S. 1899, § 7186.) Sec. 6054. Judgment in favor of state or plaintiff, when.— If it shall be determined in any such action that any one or more of the charges defined in section 6050 of this article, and set forth in the petition, has been sustained, judgment shall be rendered ousting and excluding such defendant from such office, and in favor of the state or plaintiff, as the case may be, subject to the provisions of the next succeeding section, and for the costs of the action. But if no one of the charges set forth in the petition in said cause be sustained, judg- ment shall be rendered against such applicant and his sureties on the bond or bonds for the costs of such action. (R. S. 1899, § 7187.) Sec. 6055. Office declared vacant, when. — ^In any such action, such applicant, upon his own motion or on the motion of the defendant, shall be made a party plaintiff; and in any case in which such appli- cant shall be a party, if judgment of ouster against the defendant shall be rendered, as provided in section 6054 of this article, said judg- ment shall award such office to said applicant, unless it shall be fur- 138 ELECTION LAWS. ther determined in such action, upon appropriate pleading and proof by defendant, that some act has been done or committed which would have been ground in a similar action against such plaintiff had he been declared elected to such office, for a judgment of ouster against him; and if it shall be so determined at the trial, such office shall be in the judgment declared vacant, and shall thereupon be filled by ap- pointment, or a new election, as may be otherwise provided by law regarding such office. (E. S. 1899, § 7188.) Sec. 6056. Persons not to be excused from answering questions, when. — No person shall be excused from answering any question on trial of such action relating to any of the acts claimed to have been committed by any party thereto, or any of the persons, commit- tees or organizations mentioned in section 6052 of this article, on the ground that such answer would tend to incriminate or degrade such person or witness. But no such answer or answers shall be used or be evidence against such witness in any criminal action, prosecution or proceeding whatever. (R. S. 1899, § 7189.) Sec. 6057. Who deemed a political committee. — Every two or more persons who shall be elected, appointed, chosen or associated for the purpose, wholly or in part, of raising, collecting or disbursing money, or of controlling or directing the raising, collection or disburse- ment of money for election purposes, and every two or more persons who shall co-operate in the raising, collection or disbursement, or in controlling or directing the raising, collection or disbursement, of money used or to be used in furtherance of the election or to defeat the election to public office of any person or any class or number of persons, or in furtherance of the enactment or to defeat the enactment of any law or ordinance, or constitutional provision, shall be deemed a political committee within the meaning of this article. (E. S. 1899, § 7190.) Sec. 6058. Committee to appoint treasurer — duties. — ^Every po- litical committee shall appoint and constantly maintain a treasurer, to receive, keep and disburse all sums of money which may be col- lected or received or disbursed by such committee, or by any of its members, for any of the purposes mentioned in section 6057 of this article, for which such committee exists or acts; and, unless such treasurer is first appointed and thereafter maintained, it shall be un- lawful and a violation of this article for a political committee or any of its members to collect, receive or disburse money 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 pur- poses mentioned in section 6057 of this article, and for which such 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 article 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 6057 of this article, and for which such committee exists or acts, until the money so disbursed or expended CORRUPT PRACTICES. 139 shall have passed through the hands of the treasurer of such political committee. (R. S. 1899, § 7191.) Sec. 6059. Duties of treasurer. — ^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 sec- tion 6057 of this article, immediately enter and thereafter keep, in a I proper book or books to be provided and preserved by him, a full, 1 true and detailed statement and account of each and every sum of money so received or disbursed by him, setting forth in such state- ment 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 j the case may be, and the object and purpose for which such sum was received or disbursed. (R. S. 1899, § 7192.) Sec. 6060. Statement of receipts and expenditures to be filed by treasurer. — ^Every treasurer of a political committee, as defined in this article, and every person who shall act as such treasurer, shall, within thirty days after each and every election, whether state, county, city, municipal, township or district election, in or concerning or in con- nection with which he shall have received or disbursed any money for any of the objects or purposes mentioned in section 6057 of this article, prepare and file in the ofiSce of the recorder of deeds of the county 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 re- ceived or disbursed by him for any of the objects or purposes men- tioned in section 6057 of this article, within the period beginning ninety days before such election, and ending on the day on which such statement is filed, the date of each receipt and each disbursement, the name of the person from whom received or to whom paid, and the object or purpose for which the same was received, and the object or purpose for which disbursed. Such statement 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 detail, and if there are no unpaid debts or obligations of such committee, such statement shall state such fact. (R. S. 1899, § 7193.) Sec. 6061. Statements and accounts to be open to inspection. — Every officer required by law to issue certificates of election or com- missions as the result of elections, shall receive and file in his office and there keep, as part of the records thereof, for four years after they are filed, all statements and accounts required by this article to be filed with him. Such statements and accounts shall, at all rea- sonable times, be open to public inspection. After four years succeed- ing the filing of such statements, they shall be destroyed by such officer, or his successor. Copies of such statements, certified by such officer, under the seal of his office, of any such statement or statements, and any copy so certified, shall be admitted in evidence in all courts, with like force and effect as the original would have if produced. (R. S. 1899, § 7194.) 140 ELECTION LAWS. Sec. 6062. Treasurer failing to file statement — ^penalty. — ^Every treasurer of a political committee, as defined in this article, who shall willfully fail, neglect or refuse to make out, verify and file with the recorder of deeds the statement required by section 6060 of this article, shall be guilty of a misdemeanor, and upon a conviction shall be fined not less than fifty nor more than five hundred dollars. (R. S. 1899, § 7195.) Sec. 6063. Failure of treasurer to keep account — ^mutilation of book — failure to file statement — penalty. — Every treasurer of a po- litical committee, and every person who shall receive any money to be applied to any of the purposes mentioned in section 6057 of this article, who shall either: First — Neglect or fail to keep a correct book or books of account, setting forth all the details required to be set forth in the account and statement contemplated in sections 6059 and 6060 of this article, ex- cept that the book or books need not be subscribed or sworn to, with intent to conceal the receipt or disbursement of any such sum received or disbursed by him or by any other person, or the purpose or object for which the same was received or disbursed, or to conceal the fact that there is any unpaid debt or obligation of such treasurer or com- mittee, 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 any fact disclosed by such book or books; or, Third — ^Fail to file the statement and account contemplated by said section 6060 within five days after he shall receive notice, in writing, signed by five resident freeholders of the county in which such treasurer or political committee or person resides, requesting him to file statement and account, shall be guilty of a misdemeanor, and, on conviction, shall be imprisoned in the county jail for not less than two or more than six months. (R. S. 1899, § 7196.) AKTICLB XIII. REGISTRATION IN CITIES WITH 25,000 AND LESS THAN 100.000 INHABITANTS. 60«5. 6066. SECTION 6064. Registration In cities of 25,000 and less than 100,000 Inhabitants. Who may be registered. County clerk to provide registra- tion book — oath — form of book. 6067. Registrar, appointment, election, qualifications and powers of. Qualifications of voters — chal- lenges — rejected ballots. County clerks to deliver regrlstra- tlon books to registering ofllcers. Registration, days of, places for and notice of registration. Deputy registrars. Board of revision — duties of. 6069. 6070. 6071. 6072. SECTION 6073. Voter absent from city on day of regristration, may have his name placed on registration list, how. 6074. Hours of registration. 6075. County clerk to deliver original registration book and copy. 6076. Duties of clerks of election — re- turn of books, 6077. Pay of registration officers — ex- penses. 6078. Elections, how conducted. 6079. Registered voters— additional llstff to be furnished by county clerk. 6080. Circuit courts to have supervisory control of registration. REGISTRATION CITIES 25,000 TO 100,000. 141 SECTION 6081. Special registration, day of. 6082. Additional registration, eta Voting precincts — duty of common council. Registrar not to be a candidate. Restrictions — illegal registration — penalty. Corrupt registration — refusal to 6084. 6085. SECTION register qualified voters — ^pen- alty on registrar. 6087. Challenge by registrar — proceed- ings. Destroying or mutilating regrlstra- tion book — penalty. Justice of county court failing of duty, penalty. 6089. Sec. 6064. Registration in cities of 25,000 and less than 100,000 inhabitants. — There shall be a registration of all the qualified voters in cities having a population of twenty-five thousand inhabitants and less than one hundred thousand inhabitants, whether organized under general law or special charter, which registration shall be had under the provisions of this article; and for the purpose of ascertaining or determining the population of cities within this state that may have a population of at least twenty-five thousand and less than one hundred thousand, the aggregate vote cast for the first candidate on each ticket voted for at the last preceding presidential election in such cities, shall be multiplied by five, and the product shall be deemed to be the number of inhabitants in such city. (R. S. 1899, § 7197.) Sec. 6065. Who may be registered. — ^Every male citizen of the United States, and every person of foreign birth who may have de- clared his intention to become a citizen of the United States accord- ing to law not less than one year nor more than five years before he offers to vote, who is over the age of twenty-one years, who has resided in this state one year next preceding the election at which he offers to vote, and during the last sixty days of that time shall have resided in the city, and during the last ten days of that time in the ward at which he offers to vote, who has not been convicted of bribery, perjury or other infamous crime, nor directly interested in any bet or wager depending upon the result of the election, nor serving at the time in the regular army or navy of the United States, shall be entitled to vote at such election for all offices, state or municipal, made elective by the people, or at any other election held in pursuance of the laws of this state ; but he shall not vote elsewhere than in the elec- tion precinct where his name is registered, and whereof he is registered as a resident. (R. S. 1899, § 7198.) Sec. 6066. County clerk to provide registration book — oath — form of book. — The clerk of the county court for general or special election, in cities of twenty-five thousand and less than thirty thousand in- habitants in this state, shall provide a suitable registration book for each election district in their several cities, which shall have written or printed therein the following oath: ''We, the undersigned, do solemnly swear (or affirm) that we will support the Constitution of the United States and of the state of Missouri ; and we do further swear (or affirm) that we have not registered in any other election district, that we and each of us have given our true names and places of resi- dence as hereto subscribed." The registration books and the registra- 142 ELECTION LAWS. tion lists of poll books, as hereinafter provided to be delivered to the judges of election, shall be in the following form : 1 g Name. Residence. Il a c B 1 • o (R. S. 1899, § 7199.) Cited in Donnell v. Lee, 101 A, 191. Sec. 6067. Registrar, appointment, election, qualifications and powers of. — In all cities of this state which now contain or may here- after contain twenty-five thousand inhabitants and less than one hun- dred thousand inhabitants, at each general election for state officers, there shall be elected, in each election district of such cities, by the qualified voters of such election district, one registrar of elections, who shall have the qualifications of an elector in his election district, and be an owner of real estate in this state, and who shall hold his office for two years and until his successor is elected and qualified. Said registrars shall have the authority to administer all oaths which may be necessary in the registration of voters. All vacancies occurring in the office of registrar of elections for any election district in such cities shall be filled by the respective city councils of such cities, and whenever any city shall, by law, for the first time come under the operations of this section, the city council of such city shall, not less than ninety days prior to the first municipal or general election held in such city after it shall come under the operation of this section, appoint registrars of elections for each of the election districts of said cities, who shall serve until their successors are duly elected at the next regular election for that purpose and qualified. When any city shall first come under the provisions of this section, and the first elec- tion held in such city, after it shall come under its provisions, shall be a municipal election, the registrars herein provided for shall hold a special registration in such city, under the provisions of this article within forty days next preceding the tenth day prior to such municipal election. (R. S. 1899, § 7200.) Sec. 6068. Qualifications of voters — challenges — ^rejected ballots. Any person having the qualification of a voter as prescribed in this article, and who shall take and subscribe the oath required of voters REGISTRATION CITIES 25,000 TO 100,000. 143 by this article, and who applies for registration at the time and in the manner prescribed by law, and any naturalized citizen who shall sub- scribe to a written statement under oath before the registrar that he is naturalized according to the laws of the United States and of this article, and that his naturalization papers, or evidence of his citizen- ship, have been lost or destroyed, or that the same are not accessible to him, and shall state where he was naturalized, shall be accepted by the registering officer, and duly registered as a qualified voter: Provided, any person registered according to the provisions of this article, when he offers to vote, may be challenged as disqualified by any person who is an elector of this state; and it shall be the duty of the judges of election to try and determine, in a summary manner, before the close of the polls, the qualifications of any person chal- lenged as aforesaid, and upon proof that the person so challenged is not a qualified voter, the judges of election shall reject his vote, and they shall state, opposite the name of the person on the registered list of voters whose vote is rejected, the nature of his disqualification and the names of the witnesses upon whose testimony his vote was re- jected; but the vote of no person who may be challenged shall be rejected except upon the testimony of two credible witnesses; and provided further, that the party challenging the right of any person to vote shall swear, before the judges of election at the time of so challenging the vote, that to the best of his knowledge and belief the party (naming him) is not a qualified voter under the laws of this state, and he shall also swear to the reasons which disqualify him from voting; and provided further, that the ballot of such person so rejected shall be preserved and returned with the books and other ballots in a separate envelope marked rejected hallots, and the clerk of the county shall preserve the same in his office. (R. S. 1899, § 7201.) Sec. 6069. County clerks to deliver registration books to register- ing officers. — The clerk of the county court shall deliver, or cause to be delivered, the registration books required by section 6066 of this article, to the various registering officers of his county, at least three days before the time set for any registration, and they shall be returned by such officers to the county clerk, together with a copy thereof, alphabetically arranged, all and each of which duly certified under their hands, within three days after the close of each registration, and be kept by the clerk, subject to public inspection. (R. S. 1899, § 7202.) Sec. 6070. Registration, days of, places for and notice of registra- tion. — The county court of each county containing cities of twenty-five thousand and less than one hundred thousand inhabitants, shall ap- point days of registration, not to exceed five in each election district of said cities, which shall be within forty days next preceding the tenth day prior to every biennial election ; the county court of each of said counties shall also appoint, at least ten days before any special or municipal election held in their county, days of registration, not exceeding three, in each election district of said cities, for the pur- poses of such special or municipal election, at which time those who have become entitled to register at the last general registration, but 144 ELECTION LAWS. who having for any cause failed or neglected to do so, may register upon compliance with the provisions of this article. All registration of voters under this article shall be held at the place of voting estab- lished by the county court in each election district; and the county court shall give notice of such registration and the places where the same is to be held, by publication thereof in a daily newspaper pub- lished in said city for ten days next preceding such registration. (R. S. 1899, § 7203.) Sec. 6071. Deputy registrars. — Wherever there shall be more than one precinct in any election district in which registration is required to be made under this article, the registrars shall appoint one deputy registrar for each additional precinct, who shall be vested with all the powers and duties of the registrar of the district. Each deputy so appointed shall reside in the precinct for which he is appointed; shall have the qualifications of an elector therein, and be an owner of real estate in the state. (R. S. 1899, § 7204.) Sec. 6072. Board of revision — duties of. — On the Friday and Saturday preceding the seventh day before each general election, the registrars of each district shall meet at the courthouse in said city as a board of revision. They shall pass upon the claims of all persons asking to be registered and who shall not have been registered, and also upon all objections to parties who have been registered as qualified voters. They shall add to the list in each precinct the names of such persons as are legally entitled to registration therein, and shall strike therefrom such as have been improperly registered; but the name of no person shall be stricken from the list unless he shall have had at least two days' notice in writing of the time and place his case will be heard : Provided, if objections shall be made at the time the person is registered, no notice shall be necessary, but such objection and the name of the objector shall be noted at the time of registration by the registering officer. If any person who has been duly registered re- moves his residence from the election district in which he is registered to another election district in the same city, not less than ten days previous to the next election following, the registration officers of the district whence he removed shall grant him a certificate of registra- tion, and write the word removed opposite his name on the registration book of that district; upon the presentation of his certificate to the board of revision, he shall be entered as a registered voter in the dis- trict to which he has removed, on or before the day of election, and be entitled to vote in such district. (R. S. 1899, § 7205.) Sec. 6073. Voter absent from city on day of registration, may have his name placed on registration list, how. — Any voter who is absent from the city on the days of registration on account of business or sickness may have his name placed on the registration list at any time before the board of revision meets, by filing with the registrar of the precinct in which he is a voter, his affidavit made before some officer authorized by the laws of this state to administer oaths, setting forth the facts that he is a legal voter in such precinct and is entitled to register and vote therein, also stating his place of residence, and REGISTRATION CITIES 25,000 TO 100,000. 145 that he was prevented from registering on the registration days, be- cause he was absent from the city on account of business or sickness ; and he shall also include in said affidavit the oath that other voters are required to take who register on said registration days. The registrars shall file all affidavits made as aforesaid, vrith the board of revision on the first day of the meeting of said board; and any objections made to the registering of any person by affidavit as afore- said shall be passed upon by said board of revision in the same man- ner as objections to other registered voters. The said board shall upon the completion of its work deliver all such affidavits to the clerk of the county court who shall safely keep the same. (Laws 1901, p. 145.) Sec. 6074. Hours of registration.— The registration officers shall, in the discharge of their duties, attend at the places of registration in their respective districts on the days appointed by the county court and by this article, from the hours of eight o'clock in the forenoon until nine o'clock p. m. of each day, and shall, without delay, register all persons as voters who, having the qualifications prescribed by law, present themselves therefor and take the oath required by this article. (R. S. 1899, § 7206.) Sec. 6075. County clerk to deliver original registration book and copy. — The county clerk of each county containing cities in which registration may be had under and by virtue of this article shall, on the day before the election for which any such registration was made, deliver to the judges of election appointed under and by virtue of the general law of elections, the original registration book of their respective precincts, together with a copy thereof, heretofore required to be made, and shall take the receipt of one of the judges therefor. (R. S. 1899, § 7207.) Sec. 6076. Duties of clerks of election — ^return of books. — The clerks of the election shall, at the time any person votes or offers to vote, enter the words voted or rejected, as the case may be, opposite the voter's name, on the registration books or lists furnished them, in the appropriate column ; and at the close of the polls the registration book or lists shall be signed by the judges and attested by the clerks, and the names therein marked voted shall be counted and the number set down at the foot of the registration book or list, and any variance between that and the number of ballots counted, noted on said books ; and the names therein marked rejected, or otherwise disposed of, shall be counted and the number set down at the foot of the registration book or list, and any variance between that and the number of rejected ballots noted in like manner. The registration books shall then be returned to the county clerk in the manner now provided by law for the return of poll books. (R. S. 1899, § 7208.) Sec. 6077. Pay of registration officers — expenses. — Each registra- tion officer, including deputies, shall receive for his services, under this article, three dollars per day for each day necessarily occupied in the discharge of his duties, and all other officers shall receive the like fees as now allowed by law for similar services. All expenses incurred E Lr— 10 146 ELECTION LAWS. under this article shall be paid out of the respective county treasuries. (R. S. 1899, § 7209.) Sec. 6078. Elections, how conducted. — All elections in such city shall be conducted in all respects as provided in this article, and. sub- ject to all the provisions of chapter 43 of the Revised Statutes, entitled *^ Elections/^ so far as the same do not conflict with this article. (R. S. 1899, § 7210.) Sec. 6079. Registered voters — additional lists to be furnished by county clerk. — In case any such city shall desire one or more certified lists of the registered voters resident within their corporate limits, to be used by the judges of the election at any corporate election, the clerk of the county court is directed, on demand of the lawful authori- ties of such city, to make out and certify such lists, but all expenses thereof shall be paid by the said city. (R. S. 1899, § 7211.) Sec. 6080. Circuit courts to have supervisory control of registra- tion. — The circuit court of the several counties shall have a supervisory control over the registration officers appointed or elected by virtue of this article, and the clerks of the county courts, touching all matters appertaining to the registration of voters. (R. S. 1899, § 7212.) Sec. 6081. Special registration, day of. — There shall be a special registration held according to the provisions of this article, com- mencing on the 31st day of March, 1890, in all the counties of this state containing cities of twenty-five thousand and less than thirty thousand inhabitants, for said cities. (R. S. 1899, § 7213.) Sec. 6082. Additional registration, etc. — ^Additional registration shall be made for special elections, except elections for school purposes, but after the special registration provided for in the next preceding section shall have been made, no special election shall be invalidated because of a failure to make such registration. (R. S. 1899, § 7214.) Sec. 6083. Voting precincts — duty of common council. — The com- mon council of every city in which registration of voters may be had under and by virtue of any special charter, or under the provisions of this article, may, by ordinance, provide for two or more voting pre- cincts in each ward of such city, and such common council may, by ordinance, make such provisions as to judges and clerks of elections and additional copies of registration lists and the use of such copies at such voting precincts, as may be necessary in the premises. (R. S. 1899, § 7215.) Sec. 6084. Registrar not to be a candidate. — No registrar shall be a candidate for any office under the laws of this state at the general or special election for which registration has been made by him. (R. S. 1899, § 7216.) Sec. 6085. Restrictions — ^illegal registration — ^penalty. — No per- son shall register in any election district other than the one in which he resides at the time of registration. Any person registering under an assumed name, or name other than his own, or who shall register in more than one election district at any registration, or shall willfully and illegally procure his name to be placed upon the registration lists of voters when not entitled thereto, shall, on conviction, be adjudged REGISTRATION, CITIES, 25,000 TO 100,000. 147 guilty of a felony, and be punished by imprisonment in the peniten- tiary not exceeding five years, or in the county jail not less than six months nor more than one year, or by a fine of not less than one hundred dollars nor more than one thousand dollars, or by both such fine and imprisonment. (R. S. 1899, § 7217, amended, Laws 1909, p. 494.) Sec. 6086. Corrupt registration— refusal to register qualified^ voters — penalty on registrar. — Any registrar who shall knowingly and- corruptly register any person as a voter who is not entitled so to be registered, and any registrar who shall willfully and maliciously or corruptly refuse to register any person entitled to be registered as a voter, shall on conviction thereof be punished by a fine not to exceed five hundred dollars, or by imprisonment in the county jail not to ex- ceed one year ; and shall for ten years thereafter be disqualified from voting at any election held in this state, or from holding any office of honor, profit or trust under the laws of this state. (R. S 1899 S 7218.) ' Sec. 6087. Challenge by registrar— proceedings.— If the right of any person to register as a qualified voter be challenged, or if the registrar doubts the qualifications of any person applying for regis- tration, such person shall file with the registrar his second written statement as to his qualifications as a voter, as prescribed by the pro- visions of this article, which statement shall be conclusive of the facts therein contained, and shall be returned by the registrar, with his books, to the county clerk of the county, and filed and preserved by him. (R. S. 1899, § 7219.) Sec. 6088. Destroying or mutilating registration book, penalty . Whoever shall willfully and maliciously destroy, mutilate or deface, or take by violence from any registrar, judge of election, county clerk or other proper custodian, or steal, take and carry away from it» proper custodian, any book of registration or list of voters required by this article to be made or kept, shall, on conviction thereof, be- punished by imprisonment in the county jail not more than twelve months, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment. (R. S. 1899, § 7220.) Sec. 6089. Justice of county court failing of duty, penalty.— Any justice of the county court, or any other officer who shall be charged with the performance of any duties appertaining to the registration of voters, who shall willfully and corruptly fail or refuse to perform the same, shall be deemed guilty of a misdemeanor in office CR R 1899, § 7221.) ' ^ * 148 ELECTION LAWS. ARTICLE XIV. REGISTRATION AND ELECTIONS IN CITIES HAVING 100,000 INHABITANTS OR OVER. SECTION 6090. Registration provided for. •€091. Board of election commissioners created — how and by whom ap- pointed — vacancies, how filled — duties of governor and mayors — qualifications and duties of com- missioners. ;GA92. Duty of commissioners to divide city into election precincts — re- arrangement of districts after elections. ^093. Ballot boxes, poll books, etc., to be provided by board. '6094. General registration of voters pro- vided for. 6095. Judges and clerks of election, how chosen — qualification. 6096. How judges and clerks of election shall be chosen — penalty for fail- ure to appear and serve. 45097. Examination of judges and clerks of election. *0"98. Selections of Judges and clerks to be reported to circuit court — ob- jections — vacancies, how filled. 6099. Oath of judges and clerks. 6100. Board to select place of registry and polling places. flOl. Clerk to furnish names of persons convicted of felony — justices, names of persons convicted of misdemeanor connected with right of suffrage — governor to furnish list of pardons. 6102. List of deceased male adults to be furnished — penalty. •103. Commissioner to furnish lists to judges. <104. Notice of time and place of regis- tration and election to be griven. 4S105. Board to make rules and regula- tions. €196. Election days declared holidays. 6107. Subsequent selections of judges and clerks. €108. Judges to constitute precinct boards of regristry. «109. Qualifications of voters. €110. When registration shall be made — how conducted. .<110a. Qualified voters absent or sick may file application or regflstra- tion — statement to be filed — to be heard, when. -^lll. Attestation of each day's registra- tion lists. »J112. Public exhibition of registry lists proceedings when applicant for registration Is rejected. *113. ■ Clerks of election constituted pre- cinct canvassers — duties. SECTION 6114. Notices to be sent to persons not found. 6115. Revision of registry — false affida- vit, penalty — ^naturalized citi- zens. 6116. Correction, verification and print- ing of registers. 6117. Application for erasure of names on register. 6118. Docketing and hearing applica- tions. 6119. Duty of court as to applications to be placed on registry — regrls- ters to be delivered to judges, when. 6120. Appeals from action of circuit court. 6121. Supplemental lists of names added and erased to be printed, etc. 6122. Registration only on personal ap- pearance of applicant — subse- quent registrations. 6123. Intermediate registration provided for. 6124. Registers open for inspection. 6125. Poll books, ballot boxes, etc., to be delivered to judges. 6126. Registers to be returned to com- missioners after elections. 6127. Removal, mutilation or destruction of register a misdemeanor — pen- alty. 6128. Vacancy on board of registry, how filled. 6129. Revision of registry, wlien made. 6130. I^oUs to be opened and closed, when. 6131. Judge or clerk absent, vacancy, how filled — penalty for absence or refusal to act — other penal- ties. 6132. Ballot box to be kept in public view. 6133. Duties of clerks. 6134. Duties of Judges. 6135. None but those regristered shall vote. 6136. Challengers, how selected — their rights and duties. 6137. Judges to be peace ofllcers. 6138. Vote, how canvassed. 6139. Ballots, how counted. 6140. Disposition of counted ballotsi 6141. Vote on proposition submitted can- vassed, how. 6142. Headings for tally sheets. 6143. Proclamation of result of election, etc. — ballots to be returned to commissioners — duty of com- missioners. REGISTRATION, ELECTIONS CITIES OVER 100,000. 149 SECTION 6144. Certificate to be made by judges and clerks — disposition of. 6145. Disposition of poll books, ballot boxes, etc. 6146. Ballot boxes, etc., to be delivered to commissioners. 6147. Duty of commissioners with refer- ence to ballot boxes, etc 6148. Penalty for failure to deliver bal- lot boxes to commissioners. 6149. Duty of canvassing board. 6150. Announcement and certification of results of elections. 6151. Certificates of election — county or circuit clerk to issue. 6152. Certificates of election — duty of circuit and county clerks. 6153. Duty of board of canvassers where there are Indications of fraud. 6154. Offenses against registration and election laws punished, how. 6155. Impersonation and other crimes. 6156. Punishment of clerks. 6157. Punishment of judges. 6158. Judges, clerks and canvassers guil- ty of felony, when. 6159. Punishment of other persons. 6160. Election or registration ofllcers guilty of felony — penalty. 6161. Frauds of officers — penalty. 6162. Procuring or abetting fraud a fel- ony — penalty. 6163. False swearing — penalty. 6164. Instigating false swearing — pen- alty. 6165. Fraudulent changing or substitut- ing ballots — penalty. 6166. Convicts voting — penalty. 6167. Disobeying lawful commands of registration or election officer — penalty. Sec. 6090. Registration provided for. — In all cities of this state now having, or which hereafter may have, one hundred thousand or more inhabitants, there shall be a registration of all qualified voters, and the registration of voters and the conduct of elections held in such cities shall be governed by the provisions of this article; and for the purpose of determining the population of such cities the aggre- gate vote cast for the first candidate on each ticket voted for at the last preceding presidential election in such cities shall be multiplied by five and the product shall be deemed the number of inhabitants in such city. (R. S. 1899, § 7270, amended. Laws 1901, p. 170.) Sec. 6091. Board of election commissioners created — ^how and by whom appointed — vacancies, how filled — duties of governor and mayors — qualifications and duties of commissioners. — There is hereby created a board of election commissioners for each city that is governed by the provisions of this article, composed of four members, who shall be appointed as follows : Within ten days after the expiration of the term of the present commissioners, the governor shall appoint four election commissioners, one of whom shall be by him designated as SECTION 6168. Interference with duties of offlcern» etc. — penalty. 6169. Assaulting judges or clerks, etc— penalty. 6170. Destroying, concealing or removinif ballot boxes or ballots a felony — penalty. 6171. Illegal registration or canvassing by officers — ^penalty. 6172. Judge absenting himself, etc. — ^pen- alty. 6173. Judges and clerks not to election- eer — penalty. 6174. Offenses by police officers — pen- alty. 6175. Forfeitures to be paid into treas- ury. Irregularities no defense, etc "Election" and "householder" de- fined. 6178. Fine and imprisonment for misd»» meaner. 6179. Commissioners to aid in prosecut- ing offenses. Commissioners and assistants pai^ how — salaries. Pay of judges and clerks. Number of days' service credited to judges and clerks. City to pay judges and clerksfe, when. County or city to pay judges and clerks, when. Commissioners shall audit claima Jurats — commissioners and judges may administer oaths. Judges and clerks exempt from jury service. Commissioners may be removed for misconduct. 6176. 6177. 6180. 6181. 6182. 6183. 6184. 6185. 6186. 6187. 6188. 150 ELECTION LAWS. the chairman of the board, and one of whom shall be by him desig- nated as secretary of the board, which said chairman and secretary shall be of opposite politics. The said four election commissioners shall hold their offices for the term of three years, and until their successors are appointed and qualified. All vacancies in said board created by resignation or otherwise shall be filled by appointment by the governor in the same manner for the unexpired term. Two of said election commissioners so appointed by the governor shall be mem- bers of the leading political party politically opposed to that to which the governor belongs, and shall be chosen from six eligible citizens named by the state committee of the said leading party politically opposed to that to which the governor belongs and the other two members of said board shall be selected from six eligible citizens named by the state committee of the political party to which the governor belongs. In case of a vacancy in said board from any cause whatever, it shall be filled in the same manner and from like lists as in the case of original appointments, save that the appointee for any unexpired term shall be a member of the same political party to which the person whom he may succeed belonged, and in no case shall more than two members of said board belong to the sam6 political party. The commissioners thus appointed shall be legal voters and shall have resided five years in the state and at least two years next preceding their appointment in said city, and be of approved integrity and •capacity. No commissioner shall hold any office nor be a candidate for any elective office while acting as such commissioner. Each com- missioner before taking his seat in such board shall take an oath of office before the circuit court having jurisdiction in said city, or before a judge thereof, which oath shall be in substance in the following form, viz. : I, , do solemnly swear (or affirm) that I am a citizen of the United States; that I have resided in the state of Missouri for a period of five years last past, and am a legal voter in the city of , in said state ; that I will support the Constitution of the United States, and the state of Missouri, and the laws passed in pursuance thereof to the best of my ability, and will faithfully demean myself and honestly discharge the duties of the office of election commissioner for said city. Said board shall have the right to employ such additional as- sistants from time to time as may be necessary to promptly and cor- rectly perform the duties of the office, under the direction of the board. They shall be divided equally between the two political parties to which the commissioners belong, and shall be subject to the same restrictions and subscribe to the same oath as the members of the board, which oath, when subscribed and sworn to before such court or judge, shall be filed in the office of the clerk of the said court, and be there preserved. Each commissioner shall also, before tak- ing such oath, give bond in the sum of ten thousand dollars, with securities to be approved by said court, or by some judge thereof, conditioned for the faithful and honest performance of his duties, and the preservation of the property of the office. Such board of com- missioners shall at once secure and open an office sufficient for the pur- REGISTRATION, ELECTIONS CITIES OVER 100,000. 151 pose of such board, which shall always be kept open during business hours of every day, Sundays and legal holidays excepted. Upon the appointment of such commissioners, the county clerk of the county in which such city is situated, and the board of election commissioners or other custodians of said property shall, upon demand, turn over to such board of election commissioners all registry books, poll books, tally sheets and ballot boxes heretofore used, and all other books, forms, blanks, stationery and property of every description in his hands in any way relating to registration or election, or the holding of elections, within said city. All the powers and duties now vested in and required of the boards of election commissioners in such cities shall hereafter vest in and be required of the board of election com- missioners herein provided for. (Laws 1911, p. 244.) Sec. 6092. Duty of commissioners to divide city into election pre- cincts — re-arrangement of districts after elections. — It shall be the duty of the commissioners of election, as hereinafter provided for in such cities, within six months after taking effect of this article, to divide such cities into election precincts, regarding ward lines, and composed of compact and contiguous territory, which shall contain as nearly as practicable three hundred actual voters; and in making such division and establishing such precincts, such commissioners shall take as a basis the poll books or the number of votes cast at the last previous presidential election. At least six months before each presi- dential election the board of election commissioners shall revise and re- arrange the precincts and increase or decrease their number on the basis of the vote cast at the previous presidential election, making such precincts to contain, as near as practicable, three hundred actual voters, measured by the vote of such election. The precincts in each ward shall be numbered from one upward, consecutively. (R. S. 1899, § 7272.) Sec. 6093. Ballot boxes, poll books, etc., to be provided by board. Such board shall provide all necessary ballot boxes and all registry books, poll books, tally sheets, ballots, blanks and stationery of every description, with printed headings and certificates, and other equip- ment necessary and proper for the registry of voters and the conduct of such elections, and for every incidental purpose connected therewith. (R. S. 1899, § 7273.) Sec. 6094. General registration of voters provided for. — ^After the first organization of such board of commissioners, it shall prepare for a new and general registration of voters for the next general city election, or general state or county election, as the case may be; and when made, such registry shall be continued and revised in the manner hereinafter provided. (R. S. 1899, § 7274.) Sec. 6095. Judges and clerks of election, how chosen — qualifica- tion. — Said board of commissioners shall, at least sixty days prior to such election, select and choose four electors as judges of election for each precinct in such city. They must be citizens of the United States, and entitled to vote in the ward in which such precinct is located at the next election, and they must be men of good repute and character, 152 ELECTION LAWS. who can speak, read and write the English language, and be skilled in the four fundamental rules of arithmetic, and they must be of good understanding and capable ; they must reside or have a place of busi- ness in the precinct of the city for which they are selected to act, and they must not hold any office or employment under the United States, the state of Missouri, or under the county or city in which such elec- tion is to be held, and they must not be candidates for any office at the next ensuing election. Two clerks of election for each precinct shall be selected within the same time by said board, who shall possess the same qualifications as the judges. Being a notary public shall be no disqualification for judge or clerk. (R. S. 1899, § 7275.) Sec. 6096. How judges and clerks of election shall be chosen — penalty for failure to appear and serve. — In the selection of judges and clerks of election, two judges and one clerk shall be selected from each of the two political parties of the state polling the largest number of votes at the last general election, to serve in each precinct, who shall be recognized members of the party from which selected. The com- missioner, or commissioners, shall select the judges and clerks to represent the party to which said commissioners, or commissioner, belong; and the person thus selected shall be appointed and commis- sioned by the board, if qualified and confirmed. In case the persons so selected as judges and clerks do not appear for examination, on notification, then some other persons shall be selected and notified as aforesaid, until some eligible person is found who will serve. In all cases where the parties aforesaid do not appear and be examined, or if they do appear and refuse to serve, it shall be the duty of the com- missioners to prosecute such persons for such forfeiture herein pro- vided, and collect and pay over the same into the county treasury, or, in cities not within a county, into the city treasury; and the failure of such board of commissioners of election, or either of them, to prosecute such persons, shall be sufficient cause for removal from office, and, when established, the circuit court shall so remove such com- missioner or commissioners from office. (R. S. 1899, § 7276.) Sec. 6097. Examination of judges and clerks of election. — Each and every person so selected by the board of election commissioners shall be notified of the fact of his selection, with directions to appear, within the time fixed in the notice, before such board for the purpose of examination; and if, upon examination, he is found qualified, he shall, unless excused by such board, be bound to serve as such officer for the term for which he was appointed, or until his successor is selected, if his appointment shall be confirmed by the circuit court; but no person shall be excused by such board except by reason of ill- health, old age, unavoidable absence from the city, or other imperative cause : Provided, that a notice, in writing, to said board, sworn to by the person so selected, that he intends to be a candidate for office at the next ensuing election, and naming the office, shall be sufficient excuse for refusal to serve. Said board of election commissioners shall keep books in which shall be written down the names of all such judges and clerks agreed upon before such notification to appear be- REGISTRATION, ELECTIONS CITIES OVER 100,000. 153 fore them, and if, when they appear, they shall be rejected for want of qualification, such facts shaU be noted on said books opposite their names, and if excused on the grounds aforesaid, such facts, together with the reasons therefor, shall be noted; and in like manner also, if they do not appear for examination, such fact shall be noted. No person shall be compelled to serve as judge or clerk for two years after the expiration of his term of service. The judges and clerks shall be exempt from jury duty during the term of their service. In case such person so selected and notified to appear for examination shall not appear before such board as required, or if he does appear and shall refuse to serve, he shall forfeit not less than one hundred dollars nor more than three hundred dollars, unless it shall appear that he was not qualified for such service for any reason herein stated, or that he failed to appear for any of the grounds above set forth. And if any judge or clerk of election so selected and notified shall fail to appear for examination, or shall refuse to serve, or be excused as herein provided, the board shall forthwith appoint some other qualified judge or clerk in his place, and notify and examine him as herein provided for notification and examination in the first instance. (R. S. 1899, § 7277.) Sec. 6098. Selection of judges and clerks to be reported to circidt court — objections — vacancies, how filled. — ^As soon as the judges and clerks are selected, a report of such selection shall be made and filed in the circuit court of the city or county, signed by said commissioners, certifying that the provisions of this article in regard to their qualifica- tions have been complied with, and designating the particular political party from which each judge or clerk is appointed, and an application in writing shall be therewith made by said commissioners before said court for the confirmation of said appointments; whereupon the cir- cuit court, or a judge thereof, shall enter an order that cause be ghown, if any exist, against the confirmation of the appointment of any person so selected as judge or clerk, on or before the opening of the court, on a day to be fixed by the court, or said judge ; at least five days must elapse between the time of making the application and the time fixed for hearing. Said board of election commissioners shall immediately give notice of such order, and the names of said judges and clerks so reported for confirmation, and their residence and the precincts for which they were selected, by causing the same to be published for two consecutive days in two daily newspapers in said city, and of opposite politics if possible. On the day set for hearing? objections, the judges of the circuit court of the city or county, as the case may be, or such member as may be assigned therefor by the court in general term, shall sit to hear and determine all objections made in pursuance of this article relating to the confirmation of such judges and clerks of election. If no cause to the contrary be shown prior to the day fixed for hearing, the appointments made by the board of election commissioners shall be confirmed by an order entered of record. Objections to the confirmation of any judge or clerk of elec- tion shall be in writing and filed with the clerk of the court within 154 ELECTION LAWS. the time aforesaid, and such objection shall specifically state the grounds upon which it is based, and shall be subscribed and sworn to before the clerk of said court by the person or persons making the same. The said circuit court, sitting as above, shall, on the day fixed for hearing objections, proceed to examine such objections, and shall thereupon fix a day, not later than five days thereafter, to hear such objections, and shall, by order of record, direct the board of election commissioners to serve notice upon the judges or clerks against whose confirmation objections have been filed; and said board of election commissioners shall forthwith serve such notice or notices by deliver- ing the same to the proper person or persons, in the manner provided by law for the service of notices, and shall make due return thereof; and upon the day thus fixed for hearing the objections, the said court shall again sit as above, and shall then proceed summarily to hear and determine the objections made, and shall adjourn from day to day until all objections filed shall be determined. If the courts shall find that any judge or clerk against whose confirmation objections have been filed does not possess the qualifications in this article prescribed, the appointment of such judge or clerk shall be rejected by order of the court, in which order the cause or causes of rejection shall be specifically stated, and the costs thereof shall be paid by the city. If the objections filed shall be overruled, the appointment of the judge or clerk against whom the same was made shall be confirmed. If the court shall reject any appointments, the board of election com- missioners shall forthwith nominate and report as hereinafter provided to said court some other person or persons, having the proper quali- fications for judges or clerks, to fill such vacancy or vacancies; and the court shall thereupon summarily confirm or reject such appoint- ments, or any of them, without delay, first giving two days' notice to any party against whom objections may be filed — and in all cases the party appointed to fill a vacancy must be of the same political party as the party whose place he was appointed to fill — and shall thus proceed to receive and pass upon appointments until all the pre- cincts of the city are supplied with judges and clerks : Provided, that all objections shall be passed upon, and the list of judges and clerks completed, at least thirty-five days before the next election. Upon the confirmation of such judges and clerks, the board of election com- missioners shall issue a commission to each of such judges and clerks, and appropriate forms shall be prepared by said board of election commissioners for such purpose. Such judges and clerks of election shall be commissioned for a term of office ending sixty days prior to the next general state election after the general election at which they were appointed to serve ; and during their terms of office they shall also serve as judges and clerks at any special, local or municipal election which may be held. Where a vancancy in the office of judge or clerk shall occur after the final order of the circuit court confirming the appointments of the board of election commissioners, the said board shall make an appointment as hereinbefore provided to fill the vacancy and issue a commission to such officer : Provided, that if such REGISTRATION, ELECTIONS CITIES OVER 100,000. 155 ■vacancy occurs more than ten days before an election, said appoint- ment must be submitted for confirmation to the circuit court, which «hall act summarily; and any appointment made by said board shall be from the same political party as the party whose place he was appointed to fill, and when thus appointed such officer shall be sub- ject to the same punishment in case of misbehavior as if confirmed by said court. Said board of election commissioners shall have the right at any time, in case of official misbehavior or neglect of duty, to remove any judge or clerk of election, and cause such vacancy to be ^led in accordance with this article : Provided, that in all cases vacancies shall be filled by the appointment of members of the same political party. Such board of election commissioners shall not remove any judge or clerk except for incapacity or official misbehavior, and the reason therefor must afterward be reported in writing to such ■court ; and if such removal be willful and without cause, said members of the board of election commissioners causing said willful removal shall be guilty of a misdemeanor under this article. (R. S. 1899, § 7278.) Sec. 6099. Oath of judges and clerks. — After the issue of a com- mission to such judges and clerks, they shall again be notified to appear at the office of said board of election commissioners, and shall then and there, after taking the oath of office before the board of election commissioners, or any member thereof, or some clerk of that office, who are hereby authorized to administer such oaths, receive their commissions; and the oath of office shall be in writing, and sub- scribed by each one, and shall be, in substance, as follows : I. , residing at , in the city of , in the state of Missouri, do solemnly swear (or affirm) that I am a legal voter in the city of , in the state of Missouri ; that I will support the laws and Constitution of the United States, and of the state of Missouri, and that I will honestly discharge the duties of and faithfully •demean myself in the office of judge or clerk of election (and of registration) for the precinct of the ward of the city of , in the county of , in the state of Missouri, according to the best of my ability; that I will not disclose how any voter shall have voted at any election, unless required to do so as a witness in a proper judicial proceeding; that I will make no statement nor give any information of any kind as to the number of votes polled for any office or person, nor any other fact tending to show the state of the polls at any election, at any time previous to the '^losing of the polls. .(R. S. 1899, § 7279.) Sec. 6100. Board to select place of registry and polling places.— It shall be the duty of the said board of election commissioners to appoint the place of registry and also the polling place in each pre- cinct. Said board shall also cause the same to be fitted up, warmed, lighted and cleaned ; but in each election precinct such place or places •shall be in the most public, orderly and convenient portions thereof, and no building or part of a building shall be designated or used as a place of registry or revision of registration, or as a polling place, in which spirituous or intoxicating liquor is sold. (R. S. 1899, § 7280.) Sec. 6101. Clerk to furnish names of persons convicted of felony — justices, names of persons convicted of misdemeanors connected with right of suffrage — governor to furnish list of pardons. — It shall be the 156 ELECTION LAWS. I duty of the clerk of any court where parties are tried and convict of penitentiary offenses, in the county where such city is located, or in cities not within a county, or in counties to which changes of venue from such cities in such cases have been taken, to furnish, monthly, to such board of commissioners, the names of all parties from such cities convicted or sentenced for any crime the punishment of which is confinement in the penitentiary, and their place of residence, if such fact be in the possession of such clerk. It shall be the duty of the clerk of any court or of any justice of the peace of the county in which such city is located, or of said city if not in a county, where or before whom any person is tried and convicted of a misdemeanor con- nected with the exercise of the right of suffrage, to furnish at once to said board of commissioners the name of the party convicted of said misdemeanor, and his place of residence, if such fact be in the posses- sion of said clerk or said justice : Provided, that if appeal shall be taken such facts shall also be certified, and such conviction shall not effect the right to register and vote until final determination of the appeal. It shall be the duty of the governor of the state, on or before the first day of October, in each year, to furnish to such commissioners of election the names of all persons pardoned by him out of the peni- tentiary, for any crime for which such party was indicted in a county where said city is located, or in a city not within a county. (R. S, 1899, § 7281.) Sec. 6102. List of deceased male adults to be furnished — penalty. It shall be the duty of the person or officer having charge of the vital statistics of any such city to furnish such commissioners of elections, monthly, a report of the names, color and previous residence of all male persons over twenty-one years of age that have died during the preceding month. Any person violating the provisions of this section shall be guilty of a misdemeanor, and fined not less than twenty-five dollars nor more than fifty dollars. (R. S. 1899, § 7282.) Sec. 6103. Commissioners to furnish lists to judges. — It shall be the duty of the commissioners of elections to cause to be arranged, as nearly as possible according to wards, the name and the residence, or the former residence, of all such criminals, and of all such deceased parties, and to have the same printed by wards, and furnish a printed list of the names of such persons whose residence was formerly in such wards, to all the judges of election of such wards, when acting as a board of registry, for their guidance; and when he or they shall be advised that a person convicted of a crime has been pardoned, such fact shall be noted opposite his name. Such list shall be arranged alphabetically. (R. S. 1899, § 7283.) Sec. 6104. Notice of time and place of registration and election to be given.— It shall be the duty of such board to give ten days' notice through the press, in newspapers, as provided in section 6098 of this article, of the time and place of registration and election in each pre- cinct of the city; and they shall also cause the printed lists and supplements of registration for the previous election to be posted up at the place of registration, two days before such registration, with a REGISTRATION, ELECTIONS CITIES OVER 100,000. 157 printed notice of the time and place of the next registration — the post- ing of these lists to be obligatory only after the first registration under this article. (R. S. 1899, § 7284.) Sec. 6105. Board to make rules and regulations. — Said board of election commissioners shall make all necessary rules and regula- tions, not inconsistent with this article, with reference to the registra- tion of voters and the conduct of elections ; and shall have charge of ^nd make provisions for all elections, general, special, local, municipal, state and county, and of all others of every description, to be held in such city or any part thereof, at any time. (R. S. 1899, § 7285.) Sec. 6106. Election days declaxed holidays. — The days upon which the general, state or county or city elections shall hereafter be held in such city shall be holidays, and shall, for all purposes whatever as regards presenting for payment or acceptance and of the protesting and giving notice of the dishonor of bills of exchange, bank checks and promissory notes, and as regards days of grace upon commercial paper, be treated and considered as is the first day of the week, com- monly called Sunday. (R. S. 1899, § 7286.) Sec. 6107. Subsequent selections of judges and clerks. — At least sixty days prior to the next general election occurring immediately after the expiration of the term of office of said judges and clerks, said board of election commissioners constituted and appointed as herein- before provided shall cause judges and clerks of election to be again selected, who shall be selected, appointed and commissioned in the same way, according to the same forms and subject to the same qualifications and limitations as required for the selection and appointment of such officers in the first instance hereunder. (R. S. 1899, § 7287.) Sec. 6108. Judges to constitute precinct boards of registry. — The judges of election shall constitute the board of registry in the precinct for which they shall be appointed. (R. S. 1899, § 7288.) Sec. 6109. Qualifications of voters. — Every male citizen of the United States, and every male person of foreign birth who may have declared Jiis intention to become a citizen of the United States, ac- cording to law, not less than one year nor more than five years before he offers to vote, who is over the age of twenty-one years, who has resided in the state one year next preceding the election at which he offers to vote, and during the last sixty days of the time shall have resided in the city where such election is held, and during the last twenty days of that time in the precinct at which he offers to vote, who has not been convicted of bribery, perjury or other infamous crime, or of a misdemeanor connected with the exercise of the right of suffrage, nor directly interested in any bet or wager depending upon the result of the election, nor an officer, soldier or marine in the regular army or navy of the United States, nor while kept at any poor house or other asylum at public expense, nor while confined in any public prison, shall be entitled to vote at such election, for all officers, state or municipal, made elective by the people, or at other elections held in pursuance of the laws of the state ; but shall not vote elsewhere than in the precinct where his name is registered, and whereof he is registered as a resident. (R. S. 1899, § 7289.) 158 ELECTION LAWS. Sec. 6110. When registration shall be made — how conducted.- Such board of registry and the election clerks shall first meet in th< precinct on Tuesday four weeks preceding the first general city elec^ tion, or the first general state or county election, which may occur after the first appointment of such board of election commissioners, at the place designated by such board of commissioners, and they shall then proceed to make a general registration of all voters in such precinct. A new general registration shall be made by the board of registry in every year thereafter in which a presidential election occurs, and just prior thereto — the first day of such registration being on Tuesday, four weeks before such election, and the second day of registration being on the Saturday following; and the third day, Tuesday, three weeks before such election. Three registry books shall be furnished to each board of registry by the board of election commissioners for the purpose of such registration, and such books of registry shall be prepared substantially in the following form : I REGISTRATION, ELECTIONS CITIES OVER 100,000. 159 1 Qualified voters 1 : 1 ■ S S d s s >^ >^ 55 >* JH By act of congress. . : ■■ ■■ 1 1 ! I &^ Court, oerior. . w York t known 3 3 03 ; 1 S \ &n 3 o 2 ; 00 i oo >-t Q V ' t^ • o3 e3 Q ^ ^ : o s : Iz; Declaiation of in- ". • tention : 1 NaturaUzed i 1 ; Native n • ; ^ g 1 I i ' 2 2 p^ \ S S 2 g H «3 "" , >, > > >> >> 1 lO «£ !>> 2 1 I— 1 o a e < eo. ic « eo 1 P^ q i 1 > 3 W C 2 i 1 >> i . « wl ' ' T j I S 2 2 1 5 5 U ^ 3 S ^ ; 2 Xi ^ ^ t 5 ^ ^ >^ 2 : .A 1 ■ 1 1 > •< 3 "a ' i § .2 e9 525 1 S c i 1 ^ 3 No. of Line ' -I (NO 3 ■* iO . a 3 .^ I f. A 1 ^ ^ ^ ' ' 5 •-» S5 3 1 1 -< J • t i < 1 ■ 2 < * I 1 i ^ n 5 1 I M o c t« >o 2 s ; •* « S5 160 ELECTION LAWS. •a o 1 E 1 1 CO »o CO w - Vote challenged i o By court By com'rs Erased 1 No. of line »H (N eo •* U3 1 1 >o ' »o ' 2 i 1 REGISTRATION, ELECTIONS CITIES OVER 100,000. 161 One of said registry books shall be denominated "public register" on the outside or on the first page. Said board of registry shall then proceed as follows: First — They shall open the registry at eight o'clock a. m., and con- tinue in session until nine o'clock p. m., on each of said days. One of the judges shall administer to aU persons who shall personally apply to register the following oath or affirmation: You do solemnly swear (or affirm) that you will fully and truly answer all such ■questions as shall be put to you touching your place of residence, name, place of birth, your qualifications as an elector, and your right as such to register and vote under the laws of this state : so help you God. Second — Each of said clerks of election and one of said judges of election shall have charge of the registry books, and shall make the entries therein required by this article, and one of the judges shall ask the questions as to qualifications, and after he is through, any of the judges may ask questions. One of the judges of election may, when necessary, relieve one of the clerks from time to time, as necessity may seem to demand, in making entries in said book. Third — The name of every applicant shall be entered in such registry book, and all the facts shall be therein stated, as hereinafter provided, whether he is entitled to vote or not. If it shall be de- termined by the board of registry that he is not a qualified voter in such precinct, then an entry shall be made in the appropriate column, ^*no," and if qualified, an entry shall be made in the same column, ''^yes." Unless a majority of the judges shall determine the applicant is a qualified voter, he shall be entered as not qualified; in case of a tie the board of commissioners shall decide, subject to the applicant's right of appeal to the circuit court as hereinafter provided. Fourth — Only such male persons, of the age of twenty-one years, residing in such precinct, as apply personally for such registration, shall be entered in such register; but every applicant who would be twenty-one years of age on the day of the next election, or, if foreign born, whose declaration of intention to become naturalized will have been made one year before such election, if otherwise qualified, shall be entered on such registers. Every applicant who has commenced to reside in such precinct at least twenty days before such election shall be entered in such registry, and shall be marked ** qualified" or ^'disqualified," as the case may be; but unless, on the day of election, he shall have resided twenty full days in such election precinct, he cannot vote therein, although otherwise qualified. Fifth-^The headings to the registry books shall be so prepared that the registry shall be made alphabetically, according to the surname of each person applying, but it shall be arranged so that the residence of such person shall appear in the first column. The register shall be ruled, and one name shall be written on each line, but no name shall be written between the lines. The entries shall be as follows: 1. Under the column ''residence," the name and number of the street, avenue, or other location of the dwelling, if there be a definite number, and if there shall not be a number, such clear and definite B Lr—ll 162 ELECTION LAWS. description of the place of such dwelling as shall enable it to be readily ascertained. If there shall be more than one house at the number given by the applicant as his place of residence, state in which house he resides, and, if there be more than one family residing in said house,. either the floor on which he resides, or the number or location of the- room or rooms occupied by him, whether front or rear — every floor below the level of the street or ground being designated as the base- ment, the first floor above the level being designated as the first floor,. and each floor above that as the second or such other floor as it may be. 2. Under the column **name,'* the name of the applicant, writing the surname first, and given or christian name after in full. 3. Under the column ''nativity,*' the state, county, kingdom,, empire or dominion, as the fact stated by the applicant shall be. 4. Under the column ** color,'* the word ''white" or " colored, '^ as the fact is. 5. Under the subdivision of the general column "term of resi- dence,'* the periods, by days, months or years, stated by the applicant. 6. Under the column "native," the word "yes;" under the column "naturalized," the word "yes," according to the fact stated. If the applicant be of foreign birth, and has not been naturalized, but has made a declaration of intention to become a citizen, then under the column "declaration of intention," the word "yes." 7. Under the column "date of papers," the date of naturalization^ if naturalized, or of the declaration of the intention if made, or about that date. Where the applicant is of foreign birth, the board of registry shall require him to produce his naturalization papers or declaration of intention, as the case may be, unless the applicant shall make affidavit that they are lost or destroyed, and that he is unable to procure certified copies of them, with the reasons why he cannot pro- cure them. 8. Under the column "court," the designation of the court in which, if foreign born, such naturalization was had or declaration of intention made; and if the name of the court cannot be had with certainty, then the name of the place in which such court was located. 9. Under the column "by act of congress," the word "yes;" in case such person, though foreign born, has been made a citizen by act of congress, without taking out his naturalization papers. 10. Under the column "qualified voter," the word "yes," or **no," as the fact shall appear or be determined by the board of registry — it being, however, required of them to designate as a quali- fied voter any male person who, if otherwise qualified, shall not, at the time of making application, be of age, provided the time when such applicant shall be of the age of twenty-one shall be subsequent to the date of his application, and not later than the day of election immedi- ately following such time of applying, or, if foreign born, whose declaration of intention to become naturalized will have been made one year before such election. 11. Under the column "date of application," the month, day and year when the applicant presented himself and was adjudged a quali- fied voter in the election precinct. REGISTRATION, ELECTIONS CITIES OVER 100,000. 16$ 12. Under the column "signature,** in one of the registers, not the public register, the applicant shall write his name. If he is unable to write, he shall make his mark after his name is written for him. 13. Under the column of ''remarks," whenever any member of the board of registry shall be in doubt about registering the applicant^ said board shall require the applicant to give the name of three resi- dents of the city who know that said applicant resides at the place from which he offers to register, which names shall be entered under the column headed ''remarks.** (R. S. 1899, § 7290.) Sec. 6110a. Qualified voters absent or sick may file application, for registration — statement to be filed — ^to be heard, when. — If any person who has the qualifications required by this article to entitle him to register as a voter in such city shall be absent therefrom at a dis- tance of more than twenty-five miles, or confined by illness or other disability to his place of residence, during all of the days appointed for registration prior to any election at which he desires to vote, he may file his application in the office of said election commissioners to have his name registered in the precinct in which he resides. Such application shall be verified by his affidavit and shall show that he has the qualifications required of a voter by this article, and that he was prevented by said absence, sickness or disability from appearing for registration before the precinct board of registry on all of said registra- tion days, specifying such days and stating at what place or places he was during each of said days, and where registration is claimed on account of absence, the day upon which he returned after his absence during said days, or in case of illness or other disability, stating the first day upon which such disability was removed. If his application is based upon his absence, he shall file at the same time the affidavits of two registered voters of said precinct, stating that to their knowl- edge he is a qualified voter, and setting out therein his qualifications, that he resides in said precinct, and that they believe in the truth of his statement in his affidavit as to his reasons for not appearing before said registry board on all of said days of registration, specifying them. Where such application is based upon a physical disability, the affidavit of said applicant shall describe the nature of such disability as the same is most commonly described, and said affidavit must be accom- panied by an affidavit of a physician duly admitted to the practice of medicine in such city, which shall describe such disability as the same is most commonly described, and that such disability continued during said registration days, specifying them, also statiag the day on which the same was first removed. Said board shall file all affidavits made as aforesaid and carefully preserve the same. Any voter may make objec- tion to any person being registered upon such application in the man- ner and form as objections are required to be made before the registry board. The election commissioners shall sit specially to hear such ap- plications on the Wednesday of the first week prior to said election, between the hours of nine a. m. and twelve m., and between two p. m. and ten p. m., and if all such applications be not then determined, it shall sit on the same hours of the next day. Said applicants shall ap- 164 ELECTION LAWS. pear in person before the commissioners on said Wednesday; they may be further examined by the commissioners, under oath, and further testimony be taken in favor of or against their applications. All cases shall be heard summarily and decided as soon as heard. If the board shall believe any applicant is entitled to registration accord- ing to the provisions of this section, he shall be registered as a voter; otherwise his application shall be rejected. If registered, opposite his name on the registry shall be entered the word "absentee" or ''in- valid," as the case may be. (Laws 1911, p. 246.) Sec. 6111. Attestation of each day's registration lists. — At the end of each day's registry or revision of registration, each of said judges shall sign his name at the end of the list on each page, so that no new name can be added without discovery, and shall also sign a certificate, as hereinafter provided; but, before doing so, the said judges and clerks shall compare the three registers so kept, and cause any differences to be corrected, and make the same agree in all re- spects; and said judges shall then attach a certificate at the end of each register, in substance in the words and figures following: We, the undersigned judges of election in precinct of the ward of the city in the state of Missouri, do jointly and severally certify that at th» general registration of electors in said election precinct, on the day of , there were registered by us in said election precinct the names which in this book are entered, and the number of registered and qualified voters was and is the number «f . Dated summarily and evidence may be introduced for or against such application. No formal pleadings shall be required. Each case shall be decided at once on hearing, and the clerk of the court shall make a minute of the disposition of each application. If the court shall order any name to be placed upon the registration list, and such order shall not be appealed from, a minute of such order shall be certified to the election commissioners, who shall forthwith cause such name to be placed upon the proper register, and indicate that it was entered by order of the court. After the entry of the regis- tration so allowed by said court (without appeal) no further change shall be permitted, except for the subsequent registration of absentees or invalids, as herein provided, when such further registration shall be made, if any, and the appropriate stamp prepared shall be affixed REGISTRATION, ELECTIONS CITIES OVER 300,000. 209 to the end of each page of names in each precinct registered by said board of commissioners. (Laws 1903, p. 170.) Sec. 6211. Appeals from circuit court. — As the circuit court de- cides each case, an order therein shall be entered not later than the Tuesday following the hearing of the application, and any person desiring to appeal from such order may appeal to the supreme court of the state, or court of appeals, according to the facts ; if application be made therefor within two days after the entry of said order, such appeal shall be allowed on the giving of an appeal bond in the penalty of two hundred and fifty dollars, conditioned to pay the expense of such appeal in case his appeal be not sustained. The time for filing such appeal bond and certificate of evidence shall be within four days from the entry of said order, and upon presentation to the court of a certificate containing the evidence heard at such hearing within said time, the court shall sign the same, and thereupon the same shall be- come part of the record in said cause. The original record in such cause shall be at once transferred by the clerk of said court to the court to which such appeal lies, and such appellate court, or if it be in vacation, any judge thereof shall proceed at once to hear and de- termine the appeal, and the judgment rendered upon such hearing shall be at once certified to the board of election commissioners and also to the circuit court, and the board of election commissioners shall carry out the order made by said appellate court or such judge in vacation. (Laws 1903, p. 170.) Sec. 6212. Registration by board or court — no protection against false registration, etc. — No person admitted to any registry by order of any court, or by the board of election commissioners, shall be pro- tected by such order in case he should be indicted for false registration or false voting. (Laws 1903, p. 170.) Sec. 6213. Transfers of registered voters. — Whenever any person who has been duly registered as a voter by the board of registration of the precinct in which he then resides, and whose name shall have been returned on the registration lists as a voter by the board of registration to the board of election commissioners, after the close of registration shall change his residence from one precinct in said city to another, or from one part of such precinct to another part thereof, before the day of the election for which he is registered as a voter, and shall, after making such change at any time on or before the Wednesday preceding such election apply to the board of election commissioners to have his name transferred from the precinct in which he is registered, or his residence changed from his former to his present residence in such precinct, said board shaU. cause him to be sworn and examined as to the facts of such change, and his statement shall be taken down in writing and signed and sworn to by him and duly certi- fied by said board; if said board shall be satisfied that the applicant has changed his residence, as stated, and that he is entitled to have his name transferred and his place of residence changed, they shall first cause his name, where he moved from his former precinct, to be erased from the registry thereof, and transferred to the precinct in EL— 14 210 ELECTION LAWS. which he then resides, or if he has changed his residence from one place to another in said precinct, they shall change his address on the register of such precinct. (Laws 1903, p. 170.) Sec. 6214. Registration of invalids and absentees. — If any person who has the qualifications required by this article to entitle him ta register as a voter in such city shall be absent therefrom at a distance of more than fifty miles, or confined by illness or other disability to his place of residence, during all of the days appointed for registration prior to any election at which he desires to vote, he may file his appli- cation in the office of said election commissioners to have his name registered in the precinct in which he resides. Such application shall be verified by his affidavit and shall show that he has the qualifications required of a voter by this article, and that he was prevented by said absence, sickness or disability from appearing for registration before the precinct board of registry on all of said registration days, specify- ing such days and stating at what place or places he was during each of said days, and where registration is claimed on account of absence^ the day upon which he returned after his absence during said days, or in case of illness or other disability, stating the first day upon which such disability was removed. If his application is based upon his absence, he shall file at the same time the affidavits of two registered voters of said precinct stating that to their knowledge he is a qualified voter, and setting out therein his qualifications, that he resides in said precinct, and that they believe in the truth of his statement in his affi- davit as to his reasons for not appearing before said registry board on all of said days of registration, specifying them. Where such applica- tion is based upon a physical disability, the affidavit of said applicant shall describe the nature of such disability as the same is most com- monly described, and said affidavit must be accompanied by an affi- davit of a physician duly admitted to the practice of medicine in such city, which shall describe such disability as the same is most commonly described, and that such disability continued during said registration days, specifying them, also stating the day on which the same was first removed. Said board shall file all affidavits made as aforesaid and carefully preserve the same. Any voter may make objection to any person being registered upon such application in the manner and form as objections are required to be made before the registry board. The election commissioners shall sit specially to hear such applications on the Wednesday of the first week prior to said election, between the hours of nine a. m. and twelve m., and between two p. m. and ten p. m., and if all such applications be not then determined, it shall sit on the same hours of the next day. Said applicants shall appear in person before the commissioners on said Wednesday; they may be further examined by the commissioners, under oath, and further testimony taken in favor of or against their applications. All cases shall be heard summarily and decided as soon as heard. If the board shall believe any applicant is entitled to registration according to the pro- visions of this section he shall be registered as a voter; otherwise his application shall be rejected. If registered, opposite his name on the REGISTRATION, ELECTIONS CITIES OVER 300,000. 211 registry shall be entered the word *' absentee" or "invalid,'* as the case may be. (Laws 1903, p. 170.) Sec. 6215. Revised lists of voters — when to be completed and how posted. — The board of election commissioners shall cause to be printed and ready for distribution not later than Friday of the week prior to the election, the revised registry lists as returned to them by the registration board at the close of revision, and further corrected as far as may be necessary by the judgment of the supreme court, court of appeals, or the circuit court, or transfers by the board of commis- sioners, or registrations of absentees or invalids as herein provided. In cases, however, where the order of any court shall be received, or any transfer or registration shall be made by the election commis- sioners, as herein provided, at so late a date that the name ordered to be registered cannot be printed upon the revised registry lists, all of such names so to be registered in any precinct shall be printed in a supplemental list, copies of which shall be given upon application to any qualified voter in such precinct upon demand ; a copy of which shall also be given to the judges of election of such precincts with the ballot box and poll books. Such revised lists shall be, except as cor- rected by the board of registration at revision, and by the orders above mentioned, in all respects like the registration lists above ordered to be published on the Friday of the fifth week before said election. (Laws 1903, p. 170.) Sec. 6216. Delivery of poll book, ballot boxes, etc., to judges. — Said commissioners shall, on the day preceding any election, have delivered to one of said judges, at his residence, one of the registers of said precinct, and the key (or keys, if there be more than one to the ballot box), and to a judge of the opposite political party, at his resi- dence, the other of said registers, the ballot box, poll books, verifica- tion lists and necessary blanks and stationery, and a sealed package of ballots. (Laws 1903, p. 170.) Sec. 6217. Polls to be opened and closed, when — place of absent judge or clerk, how lailed — ^penalty for being absent or late — appointees, oath and duties. — The election polls shall be opened at six o'clock in the morning and continue open until seven o'clock in the afternoon of the same day, at which time they shall be closed. No judge or clerk shall absent himself to exceed five minutes at any one time until the ballots are all cast and counted, and returns made thereof. If any judge or clerk shall not be present after the expiration of fifteen min- utes from the time to open the polls, or be disqualified, or refuse to act, the judge or judges present shall fill the place of such absent judge or clerk, or vacancy, by selecting a person of the same political party as the judge or clerk absent. One of the judges shall administer to such judge or clerk the oath required of the judge or clerk origi- nally appointed, and such appointee shall perform like duties and be subject to the same punishment and penalties as any other judge or clerk. If any judge or clerk shall be fifteen minutes late, but shall present himself at the precinct for which he is appointed, and offer to act, at or before seven o'clock in the forenoon, he shall be permitted to act, and the person, if any, who has been appointed to fill his place 212 ELECTION LAWS. shall retire, but shall be entitled to one-half day's pay provided for judges and clerks hereunder, and the judge or clerk appointed who has failed to be present shall be entitled only to receive the remaining half day's pay; if, however, any judge or clerk shall not present him- self at the polling place for which he is appointed to act at or before seven o'clock in the forenoon he shall not be permitted to act during that day, nor be entitled to any compensation for that day. (Laws 1903, p. 170.) Sec. 6218. Ballot box to be kept in public view— penalty. — Before voting begins the ballot box shall be empty, and it shall be opened and shown to those present to be empty, and not be removed from public view from the time when shown to be empty until after the close of the polls. It shall be locked and the key delivered to one of the judges and shall not again be opened until the close of the polls. If any obstruction shall be, prior to or during such election, interposed so that all who desire cannot constantly see such ballot box, it shall be the duty of such judges to remove such obstruction on request of any voter of the precinct, or on their own motion. (Laws 1903, p. 170.) Sec. 6219. Poll book, how kept. — Each of the clerks of the elec- tion shall keep a poll book which contains a column headed "number," another headed "residence," and another headed "names of voters.'^ The name and street and number of the residence of such voter shall be entered upon each of the poll books by the clerks, in regular suc- cession, under the proper headings, and the number of such voter, in the order in which he voted, placed opposite the name in the column headed "number." (Laws 1903, p. 170.) Sec. 6220. Procedure when ballot is offered by voter — in cases of challenge. — One of the said judges of election shall receive the ballot from the voter, and shall announce his residence and name in a loud voice, and shall write on the back of said ballot the number of the same, in the order in which it was received, which number shall also be placed opposite the name of the voter in the poll book, in the column headed "number," and another judge shall put the vote in the ballot box in the presence of the voter and the judges and clerks, and in plain view of the public. The judge or clerk having charge of the registry shall then, in a column prepared thereon, in the same line of the name of the voter, mark in ink or with indelible pencil ** voted." If such person so registered shall be challenged or disquali- fied, the party challenging shall assign his reason therefor, and there- upon one of said judges shall administer to him an oath to answer questions, and he shall be questioned by said judge or judges touch- ing such cause of challenge, and touching any other cause of his dis- •qualification, and may also be questioned by the person challenging him in regard to his qualifications and identity, but if a majority of the judges are of the opinion that he is the person so registered and a qualified voter, his vote shall then be received accordingly. The vote of no one shall be received by said judges whose name does not appear upon the books of registration as a qualified voter. (Laws 1903, p. 170.) REGISTRATION, ELECTIONS CITIES OVER 300,000. 2 IS Sec. 6221. Registry in force between general elections.— In any special election occurring in a portion of such city for the purpose of filling a vacancy occurring in a single office there shall not be a revision of the registry. At every election held in such cities between the general registration referred to the last general registry shall be used, and for that purpose the board of registration shall meet on Thursday of the seventh week preceding such election ; the canvassers shall make their canvass on the Friday following; and the board of revision shall hold its session for revision on Friday of the fourth week prior to said election. Said sessions shall be held from eight o'clock a. m. until ten o'clock p. m. on each of said days, and names may be added, on the day of registration, or stricken from the register, on tne day of revision, in the same way, upon sworn applications, as in the case of general registration. There may be appeals for registration to the circuit court on Friday and Saturday of the third week before said election. The board of election commissioners shall sit to register absentees or invalids on "Wednesday of the first week prior to said elec- tion. There shall be no publication of the names of judges and clerks or of the revised lists. In all other respects, the proceedings, forma and requirements are to be observed as provided for general registra- tion. At everj^ election held in such city, between the time this article becomes a law and the next general registration provided for herein, the registry books of qualified voters in such cities at the last general city or state election, and used in said election as the registry of quali- fied voters of such cities and the registry of qualified voters under the various sections of this article providing for registration, shall be the registry of qualified voters of such city used and in force for such elections. New books of registry shall be prepared and furnished as provided in this article by said election commissioners for the regis- tration required to be made, in every presidential year by this article ; and the registry and other books no longer required, or used, shall be kept and preserved in the office of the election commissioners : Provided, that at every election for the ratification of a revised city charter, under the provisions of section 22, article 9 of the Constitution of Missouri, held in such cities between the general registrations referred to, the last general registry shall be used, and for that purpose the board of registration shall meet one day for registration on the four- teenth day preceding such election, unless said day should fall upon a legal holiday, when such registration shall be held on the next busi- ness day preceding such holiday; the canvassers shall make their canvass on the next business day following. Upon the completion of said canvass, said canvassers, or one of them, shall sign a notice and send the same through the mail, duly stamped, to the address given upon the registry and ''verification lists" of all persons named therein against whose names they have made check marks, indicating that they did not reside at such place as before stated, and also to the address of all persons against whose names said registry board or judge of election has placed a check mark in such ''verification lists," which shall require such person to appear before the board of regis- try upon the third business day following such canvass, and to show 214 ELECTION LAWS. cause why his name should not be erased from such registry. Proper blanks and postage stamps shall be furnished for the purpose of such canvassers by the commissioners. Such notice must be mailed not later than ten o'clock of the morning succeeding the said canvass. No such notice, however, is to be served by leaving the same with the party or at the address designated in such registry and verification lists. Upon the conclusion of said canvass, the clerk shall make, upon the third copy of the verification lists, the same notations as con- tained on the two lists used by them in making their canvass, and the third list, when so checked, they shall deliver at the office of the elec- tion commissioners not later than eight p. m. of the next business day following said canvass. The board of revision shall hold its session for revision on the third business day following such canvass. Said sessions for registration and revision shall be held from eight o'clock a. m. until ten o'clock p. m. on each day of said days, and names may be added, on the day of registration, or stricken from the register, on the day of revision, in the same way, upon sworn applications, as in the case of a general registration. There may be appeals for registra- tion to the circuit court on the fourth day before election, unless said day fall upon a Sunday or legal holiday, when the same shall be on the next business day preceding such fourth day. The board of elec- tion commissioners shall sit to register absentees or invalids on the next business day after said appeal day. There shall be no publication of the names of the judges and clerks or of the revised lists. In all respects, except as hereby modified, the proceedings, forms and re- quirements are to be observed as provided for general registration. (Laws 1903, p. 170, amended. Laws 1909, p. 495.) Sec. 6222. Judges to be peace officers — challengers. — Said judges of election shall have authority to keep the peace and to cause any person to be arrested for any breach of the peace or for any breach of the election laws, or for any interference with the progress of such election or of the canvass of the ballots; and it shall be the duty of all officers of the law present to obey the orders of a majority of such judges of election, but less than a majority of such judges shall have no authority and no power to give any order to any such officer. And it shall be the duty of the board of police commissioners of such city to instruct all police officers accordingly. At every registration and election, each of the political parties shall have a right to designate and keep a challenger at each place of registration, revision of registra- tion and voting, who shall be assigned such position inside the polling or registration booth, as will enable him to see each person as he offers to register or vote, and who shall be protected, in the discharge of his duty, by the judges of election. And authority signed by the recognized chairman or presiding officer of the chief managing com- mittee of a party in any such city shall be sufficient evidence of the right of the challenger for such party to be present inside the room where the ballot box is kept. But in case the challenger does not or cannot produce the authority of such chairman, it shall be the duty of such judges of election to recognize a challenger that shall be vouched for and presented to them by the persons present belonging to such REGISTRATION, ELECTIONS CITIES OVER 300,000. 215 political party or who shall be vouched for by the judge representing such party. The chairman of the managing committee of each political party may remove such challenger appointed by him, and substitute another in his place. Two persons of each political party, represented on the ballot, of good character and standing, shall be admitted, by the judges, into the polling place to be present during the canvass of the votes and the making of the returns, in the same manner as herein provided in regard to challengers. Such challengers and other persons shall be duly registered voters of the precinct in which they act as challengers or watchers, of good character and sober, and shall in no wise interfere with such canvass. (Laws 1903, p. 170.) Sec. 6223. Vote to be canvassed, when. — As soon as the poll of an election shall be finally closed, the judges of election, in their several precincts, shall immediately, and at the same place of the election poll, proceed to canvass the votes. Such canvass shall not be adjourned or postponed until it shall be fully completed, nor until the statements herein required to be made by the judges and clerks shall be made out and signed by them. The judges of election shall have the right to station one or more police officers or other peace officers, at such entrance to the room where such canvass is begun or about to take place, to exclude noisy or disorderly persons, and to keep the peace. (Laws 1903, p. 170.) Sec. 6224. Vote, how canvassed.— The judges of election shall first count the whole number of ballots in the box. If the ballots shall be found to exceed the number of names entered upon each of the poll books, they shall reject the ballots, if any, found folded inside of a ballot ; and if the ballots and the poll list do not agree after such re- jection, they shall reject all ballots not numbered, and no ballot not so numbered shall be counted. The ballots so rejected shall be en- closed in an envelope marked *' rejected ballots,'* and returned with the ballot boxes to the election commissioners ; and the ballots or poll lists agreeing or being made to agree in this way, the board shall proceed to count the votes in the following manner : Said judges shall open the ballots and place those which contain the same names together, so that the several kinds shall be in separate piles, or on separate files. Each of the judges shall examine the separate files which are, or are supposed to be, alike, and exclude from such files any which may have a name or any erasure, or in any manner shall be different from the other of such file. One of said judges shall then take one file of the kind of ballots which contain the same name and count them by the tens, carefully examining each name of each of said ballots. Said judges shall then pass the ten ballots aforesaid to other judges, who shall count them in the same manner, and call the names of the persons named in the ten ballots, and the offices for which they are designated, and the poll clerks shall tally ten votes for each of such persons. When they shall have gone through such file of ballots con- taining the same names by tens in that way, and when the clerk shall have tallied all the votes by tens for each of said persons, they shall then take up the next pile of ballots containing the same names, and 216 ELECTION LAWS. shall count them by tens in the same way, and shall call the names of the persons named in said ballots and the offices for which they are- designated, and the clerks shall tally the vote by tens for each of said persons in the same manner. When the counting of each file of ballots which contain the same names shall be completed, the clerks^ shall compare their tallies together and ascertain the total number of ballots of that kind so canvassed, and when they agree upon the num-^ ber, one of them shall announce it in a loud voice. The said judges shall then canvass the other kind of ballots which do not correspond^ those containing names partly from one kind of ballots and partly from another, being those usually called ''split tickets,'' and those- from which the names of the persons proper to be voted for on such ballots had been omitted or erased, usually called "scratched tickets."" They shall be canvassed separately by the judges, and each name called out to the clerks and the office for which it is designated, and the clerks making tally of the same. When all ballots are canvassed in this manner, the clerks shall compare their tallies together, and ascer- tain the total number of votes received by each candidate, and wheit they agree upon the number, one of them shall announce in a loud voice the number of votes received by each candidate on each of the- kinds of ballots containing his name. (Laws 1903, p. 170.) Sec. 6225. Vote on proposition canvassed, how. — Whenever any proposition is submitted to a vote of the people, and is printed or written upon the same ticket with the names of candidates for an office,. the names, together with such proposition, shall be canvassed in the- following manner: All the ballots shall be first separated into three- piles, the first pile containing all the ballots in favor of such proposi- tion ; the second pile containing all the ballots against such proposition ; and the third pile containing all the ballots not mentioning such proposition, or being neither for nor against such proposition. Each of the judges shall then examine each pile and see that the separation has been properly made. Then the first pile shall be counted by ten»- and the result announced to the clerks, who shall tally the same by tens, and so the second pile shall be counted, announced and tallied, and like- wise the third pile ; and the clerks shall announce the number of votes for, and the number of votes against such proposition. The ballot* for or against any proposition submitted shall always be canvassed, counted and tallied before the names of candidates for any office are- canvassed, counted or tallied. If the tally sheets and returns should contain no heading for any proposition submitted, it shall be the duty of the clerks to write into such tally sheets and returns the headings- necessary in order to keep a correct tally and to make a correct and accurate return, and it shall be the duty of the clerks and judges of election to make a true count and correct return of all votes upon any such proposition, and certify the same to the election commissioners, as provided herein in other cases. (Laws 1903, p. 170.) Sec. 6226. Statement of result of canvass made and certified, how.— The said judges of election shall make two statements of the result of the canvass, one of which shall be written or partly written and partly printed in each of the poll books used at such election. Each REGISTRATION, ELECTIONS CITIES OVER 300,000. 217 of these statements shall contain a caption stating the day on whieh^ and the number of the election precinct and the ward, and city in re- lation to which such statement shall be made, and the time of opening and closing of the polls of such precinct. It shall also contain a state- ment showing the whole number of votes given for each person^ designating the office for which they were given, which statement shall be written or partly written and partly printed in words at length ; and in case a proposition of any kind has been submitted to a vote at such election, such statement shall also show the number of votes cast for or against such proposition, written out or partly written and partly printed in words at length, and at the end thereof a certificate that such statement is correct in all respects, which certicate, and each sheet of paper forming part of the statement, shall be subscribed by the said judges and election clerks. If any judge or election clerk shall decline to sign such returns, he shall state his reason therefor, in writing, and a copy thereof signed by himself shall be enclosed in an envelope, which shall then be securely sealed, and each of the judges and each of the election clerks shall write his name across every fold at which the envelope, if unfastened, could be opened. And the envelope shall be directed on the outside to the election commissioners. Each set of tallies shall also be signed by the election clerks and judges of election, and shall also be enclosed in an envelope, securely sealed and signed and directed on the outside of envelope to said election commissioners. On the outside of envelope shall be endorsed whether it contains the statement of the votes cast or the tallies, and for what precinct and ward. (Laws 1903, p. 170.) Sec. 6227. Poll books to be placed in ballot box — ^to be sealed, how. — The poll books which contain the statement of returns shall be placed in the ballot box, and the ballot box shall then be locked and the key removed; whereupon said judges of election shall all write their names upon a slip of paper of sufficient length for the following purposes : Said slip of paper, after the signing of their names thereon by said judges, shall then be pasted over the keyhole of the said box and extending upward to the upper lid of the box and carried for some distance over the top, and it shall be placed in such a way that the signatures of said judges shall extend across the place of the open- ing of the lid of the box, so that when the box is opened it shall tear such paper and destroy the signatures written thereon, and when the key shall be inserted in the keyhole it will tear the paper so pasted over the keyhole. Such paper shall be fastened with some adhesive material and so as not to permit the removal of such slip of paper without de- facing it. (Laws 1903, p. 170.) Sec. 6228. Disposition of ballots. — The judges shall fold in two folds and string closely upon a string or wire, all ballots counted by them, except those marked "defective,'* or *' rejected," unite the ends of such string or wire in a firm knot, enclose the ballots so strung in an envelope, on which shall be endorsed, in writing or print, the number of the precinct, date on which such election was held, and securely seal such envelope, so that it cannot be opened without break- ing the seal, and return said ballots, together with the package con- 218 ELECTION LAWS. taining the ballots marked ''defective" or "objected" or ''rejected/' in such sealed package or envelope to the election commissioners. Two of said judges of opposite politics shall, immediately after signing the statement of the result of the canvass and talley sheets and the sealing of the ballot box, go together to the office of the election commissioners and deliver said ballot box and the key thereto to said election com- missioners, who shall keep the office open until all of said ballot boxes have been received. Immediately upon receiving said ballot boxes said commissioners shall give a receipt therefor to said judges, and shall place them properly arranged in the order of precinct numbers in boxes which shall be securely locked. Said boxes shall be placed in a vault having a double lock, and said vault shall be locked and keys retained by commissioners of opposite political parties. Said election commissioners shall securely keep said ballot boxes for twelve months, not opening or inspecting them nor allowing any one else to do so, except upon order of court in case of contested election, or when it shall be necessary to produce them at the trial of any offense committed under this article. At the end of twelve months after said election, said ballots shall be destroyed : Provided, that if any contest of the election of any officer voted for at such election, or prosecution under this article shall be pending at the expiration of said time, the said ballots shall not be destroyed until such contest or prosecution be finally determined. (Laws 1903, p. 170.) Sec. 6229. Statement and tally sheet to be delivered to commis- sioners, etc. — Another judge shall take a statement of the votes cast into his possession, sealed up in an envelope as aforesaid, and one of the clerks shall take a tally sheet, sealed up in an envelope as aforesaid, and the judge having possession of statement and the clerk having possession of tally sheet, shall each, before twelve o'clock of the next day after such election, deliver the statement and tally sheet to the said election commissioners, and take a receipt from them therefor. And it shall be the duty of the said election commissioners to receive the same, and keep safely under lock and key until ordered to be sur- rendered as herein provided. (Laws 1903, p. 170.) Sec. 6230. Judges and clerks exempt from jury duty. — ^Every judge or clerk of election shall be exempt from jury duty from the day of his qualification as such until two years after his term of office expires, if and so long as he performs his duty as such judge or clerk at every election held in the precinct for which he is appointed from the day of his qualification until his term of office expires ; and where a judge or clerk, duly appointed by the board of election commis- sioners, has qualified and performed his duty as judge or clerk at an election, he shall be exempt from jury service until the next election, and if such second election falls within the term for which he is ap- pointed and he fails to perform his duties thereat, his exemption from jury service shall thereby cease. Any person not regularly appointed by the board of election commissioners, but who shall duly serve as judge or clerk at any election, because appointed to fill a vacancy at the polling place shall be exempt from jury service for six months thereafter. It shall be the duty of the jury commissioners in all cities REGISTRATION, ELECTIONS CITIES OVER 300,000. 219 subject to this article having jury commissioners, to see that no person is summoned to do jury service during the time for which he is exempt, as herein provided. And it shall be the duty of the board of election commissioners, after each election, to certify to the jury commissioners the names of the judges and clerks who served at such election. (Laws 1903, p. 170.) Sec. 6231. Disposition of ballot boxes by commissioners — penalty for failure to deliver to commissioners. — The said election commis- sioners, upon the receipt of said ballot box and key thereto, shall note the condition of seal or stamp on said box, and enter the fact touching the same upon a book kept by them, together with the name of the judge who returns such ballot box ; he shall thereupon open said ballot box and remove the poll books containing the returns of the votes cast, and note upon the book their condition, and put them in a secure place under lock and key, to which the public, in no event, shall have access. (Laws 1903, p. 170.) Sec. 6232. Abstract of votes, how made — copy to be sent to sec- retary of state. — Within eight days after the close of such election such board of election commissioners shall publicly open all the returns aforesaid and shall make abstract of statements of all the votes for governor and lieutenant-governor on one sheet; all votes for other €tate officers on another sheet; aU votes for presidential electors on another sheet ; all votes for judges of the supreme court on another sheet; all votes for judges of the court of appeals on another sheet; all votes for members of congress and for senators and representatives to the general assembly on another sheet ; all votes for county officers on another sheet ; all votes for city officers on another sheet ; all votes for any other officer on a separate and appropriate sheet; all votes for and all votes against any proposition which may be submitted to a vote of the people on another sheet. It shall be the duty of such board to canvass, add up and declare the result of every election held within the boundaries of such city, and transmit an abstract of the same to the secretary of state, or other proper officer, as required by law; and such abstract of results, and a certified copy thereof, shall be treated everywhere within the state, and by all public officers, with the same force and effect as the abstract of votes now authorized by the laws of the state in such cases made and provided. (Laws 1903, p. 170.) Sec. 6233. Commissioners to make out and deliver certificates of election. — The election commissioners shall make out a certificate of election to each person having the highest number of votes for the several offices voted for, including aldermen and members of the municipal assembly, and deliver such certificate of election to the person entitled to it on his application. (Laws 1903, p. 170.) Sec. 6234. Procedure in case fraud in returns is suspected. — If, upon opening the various returns so made, there shall be anything to indicate that a change has been made in such returns since signing the same by the judges and clerks, or any fraud in any respect touch- ing such returns, it shall then be the duty of the board to have 220 ELECTION LAWS. all the tallies opened and examined. If there shall be any doubl as to the genuineness of such returns for any precinct, and as to th< actual vote as originally returned, and the truth respecting the sam( remain uncertain, it shall be the duty of said canvassers to examine any person or persons who were present at the time of the proclamation so made by the judges of election in such precinct, about which any doubt may arise, and the board shall be permitted to place such parties or witnesses under oath and examine them touching the same^ and it shall be their duty to cause such parties who were present at the time of such proclamation to come before them, and a subpoena may be issued by the election commissioners compelling any such witness to come before such board and give their evidence touching the matter; and it shall be the duty of said board to declare the result of the vote in any such precinct in regard to which any question arises, in the vote, in the same manner as it was proclaimed by the judges of elec- tion after the canvass by them in such precinct. The result, so de- clared, shall be binding and conclusive, except in case of election con- tests. (Laws 1903, p. 170.) Sec. 6235. Compensation of commissioners, secretary and clerks — expenses paid by city. — In all cities not within counties such election commissioners, secretary of the board, judges and clerks of election and registration and clerks and assistants employed by the board of election commissioners shall be paid by the city. The members of said board of election commissioners shall each receive a salary of three- thousand dollars a year, and the secretary of the board a salary of two thousand dollars a year, all payable monthly. The assistants and clerks employed by the election commissioners shall each receive a salary of four dollars per day for the time actually employed, payable monthly. All office and other expenses incurred by said board of election commissioners, and all office and other expenses and all costs and expenses of registration and election in such cities shall be paid out of the city treasury. All printing, binding, books, stationery, etc., shall be paid for in the same manner and contracted for by the board of election commissioners. (Laws 1903, p. 170.) Sec. 6236. Compensation of judges and clerks. — The judges and clerks of election, and the members of boards of registration and clerks in cities in this state having three hundred thousand inhabitants and over, shall each receive five dollars a day, for pay and compensa- tion for their services. When judges or clerks of election shall be required to call at the election commissioners' offices for ballot boxes, registration books, or for any other purpose, on any day except on election day, they shall be allowed two dollars and fifty cents for said services. Said pay and compensation of judges and clerks of election,, boards of registration and clerks, shall be paid by such city, and the municipal assembly thereof is hereby required to make necessary ap- propriation for such payments. (Laws 1903, p. 170, amended. Laws 1907, p. 112.) Sec. 6236a. In certain cities election days holidays — effect on negotiable paper. — The days upon which the general state or county or city elections shall hereafter be held in such cities shall be holidays ELECTION OF SENATOR IN CONGRESS. 221 for all purposes whatever as regards presenting for payment or ac- ceptance and of the protesting and giving notice of the dishonor of bills of exchange, bank checks and promissory notes, and be treated and considered as is the first day of the week, commonly called Sun- day. (Laws 1911, p. 249.) Sec. 6237. Majority may act for board. — The act of a majority of such board of election commissioners shall in all cases arising under this article be considered as the act of said board of election commis- sioners. (Laws 1903, p. 170.) Sec. 6238. Board to audit accounts. — Said board of election com- missioners shall audit all the claims of the judges of election and of registration and all other claims, expenses and accounts under this article, and shall draw a warrant therefor upon the proper officer. (Laws 1903, p. 170.) ELECTION OF SENATOR FROM MISSOURI TO UNITED STATES CONGRESS BY VOTE OF THE PEOPLE. JOINT AND CONCURRENT RESOLUTION of the legislature of the state of Missouri ratifying and approving the proposed amendment to the Constitution of the United States relative to the election of United States senators. Whereas the sixty-second congress of the United States of America at the second session, begun and held in the city of Wash- ington on Monday the 4th day of December, 1911, proposed an amend- ment to the Constitution of the United States in words and figures as follows : "That in lieu of the first paragraph of section three of article 1 of the Constitution of the United States, and in lieu of so much of paragraph two of the same section as relates to the filling of vacan- cies, the following be proposed as an amendment to the Constitution, which shall be valid to all intents and purposes as part of the Con- stitution when ratified by the legislatures of three-fourths of the states : ''The senate of the United States shall be composed of two sen- ators from each state, elected by the people thereof, for six years ; and each senator shall have one vote. The electors of each state shall have the qualifications requisite for electors of the most numerous branch of the state legislatures. "When vacancies happen in the representation of any state in the senate, the executive authority of such state shall issue writs of election to fill such vacancies : Providedy that the legislature of any state may empower the executive thereof to make temporary appoint- ments until the people fill the vacancies by election as the legislature may direct. "This amendment shall not be so construed as to affect the elec- tion or term of any senator chosen before it becomes valid as part of the Constitution." Now, therefore, be it Resolved by the house of representatives, the senate concurring therein, that the legislature of the state of ^lissouri does hereby ap- 222 ELECTION LAWS. prove and ratify the foregoing proposed amendment and hereby gives its assent thereto, to the end that the same may become valid to all intents and purposes as a part of the Constitution of the United States ;. and be it further Resolved, that a duly attested copy of this resolution, together with the proper evidence of its adoption, be transmitted by the secre- tary of state of the state of Missouri to the president of the senate^ the speaker of the house of representatives and the secretary of state of the United States at Washington, D. C. (Laws 1913, p. 785.) (The above has been ratified by the legislatures of over three-fourths of the states and is now a part of the Constitution of the United States.) CHAPTER 59. INITIATIVE AND REFERENDUM. certify to county SECTION 6752. Secretary to clerks, how. 6753. Voting on initiative and referen- dum subjects — how done. 6754. Votes, how counted and canvassed. 6755. Who may si&n petitions. 6756. Term county clerks to include city election boards. SECTION 6747. Form of petition to refer. 6748. Form of petition to initiate. 6749. Verification of petition sheets. 6750. Secretary of state to file petitions, when — may be mandamused, when. 6751. Duties of secretary of state and attorney-general relating to pe- titions. Sec. 6747. Farm of petition to refer. — The following shall be sub- stantially the form of petition for the referendum to the people on any act passed by the general assembly of the state of Missouri : WARNING. It is a felony for any one to sigrn any initiative or referendum petition with any name other than his own, or to knowingly sign his name more than once for the same measure, or to sign such petition when he is not a legal voter. PETITION FOR REFERENDUM. To the Honorable Secretary of State for the State of Missouri: We, the undersigned, citizens and legal voters of the State of Missouri (and the county of ), respectfully order that the senate (or house) bill No entitled (title of act), passed by the general assembly of the state of Missouri, at regular (special) session of said general assembly, shall be referred to the people of the state, for their approval or rejection, at the regular (special) election to bo held on the day of A. D. 19.., and each for himself says: I have personally signed this petition ; I am a legal voter of the state of Missouri and county of ; my residence and postoffice are correctly written after my name. Name , Residence Postoflace (If in a city, street and number.) (Here follow numbered lines for signatures.) (Laws 1909, p. 554.) Sec. 6748. Form of petition to initiate. — The following shall be substantially the form of petition for any law or amendment to the Constitution of the state of Missouri, proposed by the initiative: WARNING. It is a felony for any one to sigm any initiative or referendum petition with any name other than his own, or to knowingly sign his name more than once for the meas- ure, or to sign such petition when he is not a legal voter. INITIATIVE AND REFERENDUM. 223 INITIATIVB PETITION. To the Honorable secretary of state for the state of Missouri: We, the undersigned, citizens and legal voters of the state of Missouri, and of the county of , respectfully demand that the following proposed law (or amend- ment to the Constitution, as the case may be), shall be submitted to the legal voters of the state of Missouri, for their approval or rejection, at the regular general (special) election to be held on the day of A. D. 19 and each for himself says : I have personally signed this petition ; I am a legal voter of the state of Mis- souri and of the county of ; my residence and postoflSce are correctly written after my name: Name Residence Postoffice (If in a city, street and number.) (Here follow numbered lines for signatures.) Every such sheet for petitioners' signatures shall be attached to a full and correct copy of the title and text of the measure so proposed by the initiative petition ; but such petition may be filed with the sec- retary of state in numbered sections, for convenience in handling, and referendum petitions shall be attached to a full and correct copy of the measure on which the referendum is demanded, and may be filed in numbered sections in like manner: Provided, that the minimum number of petitioners to either an initiative or referendum petition, when filed with the secretary of state, shall be five per cent, of the legal voters in each of at least two-thirds of the congressional districts in the state. When any such initiative or referendum petition shall be offered for filing, the secretary of state, in the presence of the governor and the person offering the same for filing, shall detach the sheet containing the signatures and affidavits, and cause them all to be attached to one or more printed copies of the measure so proposed by initiative or referendum petition; the detached copies of such measure shall be delivered to the person offering the same for filing. If any such measure shall, at the ensuing election, be approved by the peo- ple, then the copies thereof so preserved, with the sheets and signatures and affidavits, and a certified copy of the governor's proclamation, declaring the same to have been approved by the people, shall be bound together in such form that they may be conveniently identified and preserved. The secretary of state shall cause every such measure so approved by the people to be printed with the general laws enacted by the next ensuing session of the general assembly, with the date of the governor's proclamation declaring the same to have been approved by the people. (Laws 1909, p. 554.) Sec. 6749. Verification of petition sheets. — ^Each and every sheet of every such petition containing signatures shall be verified in sub- stantially the following form by the person who circulated said sheet of said petition, by his or her affidavit thereon and as part thereof: state of Missouri, County of. \ I, being first duly sworn, say (here shall be legibly written or type- irritten the name of the signers of the sheet), signed this sheet of the foregoing pe- tition, and each of them signed his name thereto in my presence; I believe that each 224 ELECTION LAWS. has stated his name, postoffice address and residence correctly, and that each signer is a legal voter of the state of Missouri and county of (Signatures and postoffice address of affiant.) Subscribed and sworn to before me this day of A. D. 19.... (Signature and title of officer before whom oath is made and his postoffice address.) 1 The forms herein given are not mandatory, and if substantially followed in any petition it shall be sufficient, disregarding clerical and merely technical errors. (Laws 1909, p. 554.) Sec. 6750. Secretary of state to file petitions, when — may be man- dajnused, when. — If the secretary of state shall refuse to accept and file any petitions for the initiative or for the referendum, any citizen may apply, within ten days after such refusal, to the circuit court for a writ of mandamus to compel him to do so. If it shall be decided by the court that such petition is legally sufficient, the secretary of state shall then file it, with a certified copy of the judgment attached there- to, as of the date on which it was originally offered for filing in his office. On showing that any petition filed is not legally sufficient, the court may enjoin the secretary of state and all other officers from cer- tifying or printing on the official ballot for the ensuing election the ballot title and numbers of such measure. All such suits shall be ad- vanced on the court docket and heard and decided by the court as quickly as possible. Either party may appeal to the supreme court within ten days after a decision is rendered. The circuit court of Cole county shall have jurisdiction in all such cases. (Laws 1909, p. 554.) Sec. 6751. Duties of secretary of state and attorney-general re- lating to petitions. — When any measure shall be filed with the secre- tary of state, to be referred to the people thereof by the referendum petition, and when any measure shall be proposed by the initiative petition, the secretary of state shall forthwith transmit to the at- torney-general of the state a copy thereof, and within ten days there- after the attorney-general shall provide and return to the secretary of state a ballot title for said measure. The ballot title may be dis- tinct from the legislative title of the measure, and shall express, in not exceeding one hundred words, the purpose of the measure. The ballot title shall be printed with the number of the measure on the official ballot. In making such ballot title the attorney-general shall, to the best of his ability, give a true and impartial statement of the purpose of the measure, and in such language that the ballot title shall not be intentionally an argument likely to create prejudice either for or against the measure. Any person who is dissatisfied with the ballot title provided by the attorney-general for any measure may appeal from his decision to the circuit court, as provided by section 6750, by petition, praying for a different title, and setting forth the reasons why the title prepared by the attorney-general is insufficient or unfair. No appeal shall be allowed from the decision of the attor- ney-general on a ballot title unless the same is taken within ten days after said decision is filed. A copy of every such decision shall be served by the secretary of state or the clerk of the court, upon the person offering or filing such initiative or referendum petition or ap- INITIATIVE AND REFERENDUM. 225 peal. Service of such decision may be by mail or telegram, and shall be made forthwith. Said circuit court shall thereupon examine said measure, hear arguments, and in its decision thereon certify to the secretary of state a ballot title for the measure in accord with the intent of this section. The decision of the circuit court shall be final. The secretary of state shall print on the official ballot the title thus certified to him. (Laws 1909, p. 554.) Sec. 6752. Secretary to certify to county clerks, how. — The secre- tary of state, at the time he furnishes to the county clerks of the several counties certified copies of the names of the candidates of state and county offices, shall furnish to each of said county clerks his cer- tified copy of the ballot title and numbers of the several measures to be voted upon at the coming general election, and he shall use for each measure the ballot title designated in the manner herein provided. Such ballot title shall in no case exceed one hundred words, and shall not resemble, so far as probably to create confusion, any such title previously filed for any measure to be submitted at that election; he shall number such measures, and such ballot titles shall be printed on the official ballot in the order in which the acts referred by the general assembly and petitions by the people shall be filed in his office. It shall be the duty of the several county clerks to print said ballot title and numbers upon the official ballot in the order presented to them by the secretary of state and the relative position required by law. Measures referred by petition shall be designated ** Referen- dum ordered by the petition of the people;*' measures proposed by in- itiative petitions shall be designated and distinguished on the ballot by the heading *' Proposed by initiative petition.'* (Laws 1909, p. 554.) Sec. 6753. Voting on initiative and referendum subjects, how done. — The manner of voting upon the measures submitted to the people shall be the same as is now or may be required and provided by law; no measure shall be adopted unless it shall receive an affirma- tive majority of the total number of respective votes cast on such measures and entitled to be counted under the provisions of this chap- ter. If two or more conflicting laws shall be approved by the people at the same election, the law receiving the greatest number of affirma- tive votes shall be paramount in all particulars as to which there is a conflict, even though such law may not have received the greatest ma- jority of affirmative votes. If two or more conflicting amendments to the Constitution shall be approved by the people at the same election, the amendment which receives the greatest number of affirmative votes shall be paramount in all particulars as to which there is a conflict, even though such amendment may not have received the greatest ma- jority of affirmative votes. (Laws 1909, p. 554.) Sec. 6754. Votes, how counted and canvassed. — The votes on measures and questions shall be counted, canvassed and returned by the regular boards of judges, clerks and officers as votes for candidates are counted, canvassed and returned, and the abstract made by the E 1^15 226 ELECTION LAWS. several county clerks of votes on measures shall be returned to the secretary of state on separate abstract sheets, in the manner provided for abstract of votes for state and county officers. It shall be the- duty of the secretary of state, in the presence of the governor, to pro- ceed within thirty days after the election, and sooner if the returns- be all received, to canvass the votes given for each measure; and the governor shall forthwith issue his proclamation, giving the whole- number of votes cast in the state for and against each measure and question, and declaring such measures as are approved by majority of those voting thereon to be in full force and effect as the law of the- state of Missouri from the date of said proclamation : Provided, that if two or more measures shall be approved at said election which are known to conflict with each other or to contain conflicting provisions,, he shall also proclaim which is paramount in accordance with the pro- visions of section 6753. (Laws 1909, p. 554.) Sec. 6755. Who may sign petitions. — Every person who is a quali- fied elector of the state of Missouri may sign a petition for the refer- endum or for the initiative of any measure on which he is legally en- titled to vote. Any person signing any name other than his own to any petition, or knowingly signing his name more than once for the same measure at one election, or who is not at the time of signing the same a legal voter of this state, or any officer or person willfully violating any provision of this chapter, shall, upon conviction thereof, be punished by a fine not exceeding five hundred dollars or by im- prisonment in the penitentiary not exceeding two years, or by both such fine and imprisonment. (Laws 1909, p. 554.) Sec. 6756. Term county clerks to include city election boards. — That the term ''county clerks" in this chapter shall be construed to- include the board of election commissioners for the city of St. Louis and like board or similar officer or officers in any other city in this state, so far as the same relates to any act or duty required to be per- formed in said city like to that required of or with such county clerks in this chapter in the respective counties in this state. (Laws 1909^ p. 544.) CHAPTER 63— ARTICLE I. INTOXICATING LIQUORS. Sec. 7216. Not to sell on Sunday or election day. — Any person having a license as a dramshop keeper, who shall keep open such dramshop, or shall sell, give away, or otherwise dispose of, or suffer the same to be done, upon or about his premises, any intoxicating liquors, in any quantities, on the first day of the week, commonly called Sunday, or upon the day of any general election in this state,. or upon any county, city, town or municipal election day, or upon any county, city, town or municipal primary election day, when said primary shall have been ordered by the legally constituted authority or authorities of any political party in such county, city, town or munici- INTOXICATING LIQUORS — LOCAL OPTION. 227 pality: Provided, that such political party shall have cast as much as twenty per cent, of the total vote cast at the preceding general election in said county, city, town or municipality, or between the hours of one o'clock a. m. and five o'clock a. m., shall, upon conviction thereof, be pun- ished by a fine not less than fifty nor more than two hundred dollars^ shall forfeit such license, and shall not again be allowed to obtain a license to keep a dramshop for the term of two years next thereafter. (R^ S. 1899, § 3011, amended. Laws 1907, p. 253, Laws 1909, p. 469.) Sec. 7217. Mayor may have dramshops closed. — The mayor or chief magistrate of any town or city in this state may, by proclamation^ cause all drinking shops, bars and other places where intoxicating liquors or drinks are customarily sold, given or dispensed, to be closed for any period of time not exceeding thirty-six hours, upon any election for offi- cers of the city, town, state, county or of the United States ; and may also, by proclamation, forbid all persons to sell, give, lend, barter or otherwise dispense or distribute intoxicating drinks or liquors during the same period of time within such town or city, or within one mile of its corporate limits ; and any person disobeying such proclamation, and each and every person aiding, abetting or co-operating with him, shall be deemed guilty of a misdemeanor. (R. S. 1899, § 2149.) CHAPTER 63— ARTICLE IH. Sections 7238 to 7244 inclusive here given are repealed by House BUI 19, Laws 191», p. 388; Providing House Bill 19 Is approved by tbe voters at tbe general elec- Uon In November, 1914. LOCAL OPTION. SECTION 7238. Election to determine whether liquors shall be sold in county. 7239. Same In cities of 2,500 or more, when held. 7240. Notice of election, how given. 7241. Form of ballot. SECTION 7242. If majority for sale, existing law» to remain in force — If against, notice to be given — act in force, how contested. 7243. If against, sale of intoxicating liquors prohibited. 7244. Question determined, not to be sub- mitted for four years. Sec. 7238. Election to determine whether liquors shall be sold in county. — Upon application by petition, signed by one-tenth of the qualified voters of any county who shall reside outside of the corpo- rate limits of any city or town having, at the time of such petition, a population of twenty-five hundred inhabitants or more, who are quali- fied to vote for members of the legislature, in any county in this state, the county court of such county shall order an election to be held in such county at the usual voting precincts for holding any general elec- tion for state officers, to take place within forty days after the recep- tion of such petition, to determine whether or not spirituous and in- toxicating liquors, including wine and beer, shall be sold within the limits of such county lying outside of such corporate limits of such city or town. Such election shall be conducted, the returns thereof made and the result thereof ascertained and determined in accord- 228 ELECTION LAWS. ance in all respects with the laws of this state governing general elec- tions for county officers, and the result thereof shall be entered upott the records of such county court, and the expenses of such election shall be paid out of the county treasury, as in case of elections for county officers: Provided, that at an election ordered under the pro- visions of this section, no one shall be entitled to vote who is a resident of any incorporated town having a population of twenty-five hundred inhabitants or more, or who is not a qualified voter of such county: Provided, that no such election, held under the provisions of this ar- ticle, shall take place on any general election day, or within sixty days of any general election held under the Constitution and laws of this state, so that elections as are held under this article shall be special elections, and shall be separate and distinct from any other election whatever: Provided, further, that the county court shall determine the sufficiency of the petition presented by the poll books of the last previous general election. (R. S. 1899, § 3027.) Sec. 7239. Same in cities of 2,500 or more, when held.— Upon ap- plication by petition therefor, signed by one-tenth of the qualified voters of any incorporated city or town in this state having a popula- tion of twenty-five hundred inhabitants or more, to the body having legislative functions therein, such body shall order an election to be held in such city, to be voted at by the qualified voters thereof, and no others, to determine whether or not spirituous or intoxicating liquors shall be sold within the limits of such city or town. Such election shall be held within forty days after the receipt of such petition, but not within sixty days of any municipal or state election held in such city; and shall be conducted, the returns thereof made and the result thereof ascertained and determined in accordance, in all respects, with the laws and ordinances governing municipal elections in such city, and frauds perpetrated, and fraudulent voting, at such elections shall be offenses as prescribed for frauds and fraudulent voting at general elections held under the laws of this state, and shall be punished as in such laws provided. The result of such election shall be entered upon the journals or records of the body ordering the same, and the expenses thereof shall be paid out of the treasury of said town in the same manner as the expenses of other municipal elections : Provided, that for the purpose of determining the fact of whether or not any town shall be governed by the provisions of this section, such body having legislative functions therein may, under an ordinance thereof, take a census of the inhabitants of such town, and the result of such census shall be entered upon the journals or records thereof, and such entry, or a certified copy thereof, shall be proof of such fact, and shall be filed with the clerk of the county court of the county in which such town is situated. (R. S. 1899, § 3028.) Sec. 7240. Notice of election, how given. — Notice of such election shall be given by publication in some newspaper published in the county, and such notice shall be published in such newspaper for four consecutive weeks, and the last insertion shall be within ten days next before such election, and such other notice may be given as the county LOCAL OPTION. 229 court or municipal body ordering such election may think proper, in order to give general publicity to the election. (R. S. 1899, § 3029.) Sec. 7241. Form of ballot. — All persons voting at any election held under the provisions of this article, who are against the sale of intoxicating liquors, shall have written or printed on their baUots, *' against the sale of intoxicating liquors,*' and all those who are in favor of the sale of such intoxicating liquors shall have written or printed on their ballots, "for the sale of intoxicating liquors:'* Provided, that if the county court or municipal body ordering such election deem it expedient, they may order that both the above sen- tences may be written or printed on the tickets to be used and voted at said election, with the further instruction printed on such tickets or ballots— ''erase the clause you do not want." (R. S. 1899, § 3030.) Sec. 7242. If majority for sale, existing laws to remain in force — if against, notice to be given — act in force, how contested. — If a ma- jority of the votes cast at such election be "for the sale of intoxicat- ing liquors," such intoxicating liquors may be sold under the provisions of existing laws regulating the sale thereof and the procuring of license for that purpose; and if a majority of the votes cast at such election be "against the sale of intoxicating liquors," the county court or municipal body ordering such election shall publish the result of such election once a week for four consecutive weeks in the same news- paper in which the notice of election was published; and the provi- sions of this article shall take effect and be in force from and after the date of the last insertion of the publication last above referred to ; and provided further, that no license to sell intoxicating liquors of any description prohibited by this article shall be granted during the time of publication last above mentioned; and provided further y that this article shall not be so construed as to interfere with any license issued before the day of such election, but such license may run until the day of its expiration, and shall not be renewed. The election in this article provided for, and the result thereof, may be contested in the same manner as is now provided by law for the contest of the elec- tions of county officers in this state by any qualified voter of the munic- ipal body or of the county in which said local option election shall be held by an action to contest as herein provided, and which shall be brought against the municipal body or the county holding said elec- tion. (R. S. 1899, § 3031, amended. Laws 1909, p. 470.) Sec. 7243. If against, sale of intoxicating liquors prohibited. — ^If a majority of the votes cast at any election held under the provisions of this article shall be "against the sale of intoxicating liquors," it shall not be lawful for any person within the limits of such county (lying outside of the corporate limits of any city or town having, at the date of such order of election, a population of twenty-five hundred inhabitants or more) or city, as the case may be, to directly or indi- rectly sell, give away or barter in any manner whatever, any kind of intoxicating liquors or beverage containing alcohol, in any quantity whatever, under the penalties hereinafter prescribed. (R. S. 1899, | 3032.) 230 ELECTION LAWS. Sec. 7244. Question determined, not to be submitted for four years. — Whenever the election in this article provided for has been held, and decided either for or against the sale of intoxicating liquors, then the question shall not be again submitted within four years next thereafter in the same county or city, as the case may be, and then only a new petition and in every respect conforming to the provisions of this article. (R. S. 1899, § 3033.) noose Bill No. 19 Laws 1913, p. 388. given below has been referred by the hiing of referendum petitions to the voters at the general election In November 1914. tH. B. 19.] INTOXICATING LIQUORS: Local Option — Election as a County Unit. AN ACT to amend sections 7238, 7240, 7241, 7242, 7243 and 7244 of article III, of cliapter 63 of the Revised Statutes of Missouri for the year 1909, entitled "Local option," and to repeal section 7239 of said article, with an emergency clause. SECTION Election to determine whether in- toxicating liquors shall be sold in county— how held— qualifications of judges. Repealing section 7239. Notice of election, how given. Form of ballot. SECTION 5. Election— result of to be published— license not granted, when— may be contested — how. 6. Intoxicating liquors— not to be sold or given away, when. 7. Question may be resubmitted, when. Be it enacted by the General Assembly of the State of Missouri as follows: Section 1. Election to determine whether intoxicating liquors shall be sold in county — how held — qualifications of judges. — That section 7238 of article III of chapter 63 of the Revised Statutes of Missouri for the year 1909 be amended by striking out the words *'who shall reside outside the corporate limits of any city or town having, at the time of such petition, a population of 2,500 inhabitants or more" in the second, third and fourth lines of said section and by adding in the ninth line of said section between the word "sold" and the word ''within" the words "furnished or given away;" and by striking out the words "lying outside of such corporate limits of such city or town" in the tenth and eleventh lines of said section; and by striking out the words "who is a resident of any incorporated town having a population of 2,500 inhabitants or more, or" in the seven- teenth, eighteenth and uineteenth lines of said section and by adding to said section the words: ^'Provided further, that one-half of the judges in each precinct shall be for the sale of intoxicating liquors, and one-half of said judges against the sale of intoxicating liquors," so as amended said section shall read as follows : Section 7238. Upon application by petition signed by one-tenth of the qualified voters of .any county, who are qualified to vote for members of the legislature in ;any county of this state, the county court of such county shall order an election to be held in such county at the usual voting precincts for holding any general election for state officers, to take place within LOCAL OPTION. 231 forty days after the receipt of such petition, to determine whether or not spirituous and intoxicating liquors, including wine and beer, shall "be sold, furnished or given away, within the limits of such county. Such election shall be conducted, the returns thereof made and the results thereof ascertained and determined, in accordance in all re- spects with the laws of this state governing general elections for <30unty officers, and the result thereof shall be entered upon the records of such county court, and the expenses of such election shall be paid out of the county treasury as in the case of elections for county officers: Provided, that at an election ordered under the pro- visions of this section, no one shall be entitled to vote who is not a qualified voter of such county: Provided, that no such election, held under the provisions of this article, shall take place on any general election day, or within sixty days of any general election held under the Constitution and laws of this state, so that elections as are held under this article shall be special elections, and shall be separate and distinct from any other election whatever: Provided, further, that the county court shall determine the sufficiency of the petition pre- sented by the poll books of the last previous general election: Pro- vided further, that one-half of the judges in each precinct shall be for the sale of intoxicating liquors and one-half of said judges against the sale of intoxicating liquors. (Laws 1913, p. 389.) Sec. 2. Repealing section 7239.— That section 7239 of article III of chapter 63 of the Revised Statutes of Missouri for the year 1909 be and the same is hereby repealed. (Laws 1913, p. 389.) Sec. 3. Notice of election, how given. — That section 7240 of ar- ticle III of chapter 63 of the Revised Statutes of Missouri for the year 1909 be amended by striking out the words ''or municipal body*' in line five of said section, so that said section shall read : Section 7240. Notice of such election shall be given by publication in some news- paper published in the county, and such notice shall be published in such newspaper for four consecutive weeks, and the last insertion shall be within ten days next before such election, and such other notice may be given as the county court ordering such election may think proper, in order to give general publicity to the election. (Laws 1913, p. 390.) Sec. 4. Form of ballot. — That section 7241 of article III of chap- ter 63 of the Revised Statutes of Missouri for the year 1909 be amended by striking out the words "or municipal body" in the sixth and seventh lines of said section, so that as amended said section shall read as follows: Section 7241. All persons voting at any elec- tion held under the provisions of this article, who are against the sale of intoxicating liquors, shall have written or printed on their ballots, "against the sale of intoxicating liquors," and all those who are in favor of the sale of such intoxicating liquors shall have written or printed on their ballots, "for the sale of intoxicating liquors:" Provided, that if the county court ordering such election deem it expedient, they may order that both the above sentences may be writ- 232 ELECTION LAWS. ten or printed on the tickets to be used and voted at said election^ with the further instruction printed on said tickets or ballots, ''erase the clause you do not not want.'' (Laws 1913, p. 390.) Sec. 5. Election — result of to be published — license not granted^ when— may be contested, how.— That section 7242 of article III of chapter 63 of the Revised Statutes of Missouri for the yeat 1909 be amended by striking out the words ''or municipal body" in the sixth line of said section, and by striking out the words "such election " in line fifteen of said section and inserting in lieu thereof the words- "the filing of the petition for such election," and by striking out the words, "of the municipal body or" in line nineteen of said section, and by striking out the words "the municipal body or" in line twenty- one of said section, so that as amended said section shall read as fol- lows : Section 7242. If a majority of the votes cast at such election be "for the sale of intoxicating liquors" such intoxicating liquors may be sold under the provisions of existing laws regulating the sale thereof and the procuring of license for that purpose; and if a ma- jority of the votes cast at such election be "against the sale of in- toxicating liquors," the county court ordering such election shall publish the result of such election once a week for four consecutive weeks in the same newspaper in which the notice of election was pub- lished; and the provisions of this article shall take effect and be in force from and after the date of the last insertion of the publication last above referred to ; and provided further, that no license to sell in- toxicating liquors of any description prohibited by this article, shall be granted during the time of publication last above mentioned; and provided further, that this article shall not be so construed as to inter- fere with any license issued before the day of the filing of the petition for such election, but such license may run until the day of its ex- piration and shall not be renewed. The election in this article pro- vided for, and the result thereof, may be contested in the same man- ner as is now provided by law for the contest of the elections of county oflBcers in this state by any qualified voter of the county in which said local option election shall be held by an action to contest as herein provided, and which shall be brought against the county holding such election. (Laws 1913, p. 391.) Sec. 6. Intoxicating liquors — not to be sold or given away, when. That section 7243 of article III of chapter 63 of the Revised Statutes of Missouri for the year 1909 be amended by striking out the words "lying outside the corporate limits of any city or town having, at the date of such order of election, a population of 2,500 inhabitants or more, or city as the case may be" in lines four, five, six and seven,. so that when amended said section shall read as follows: Section 7243. If a majority of the votes cast at any election held under the provisions of this article shall be "against the sale of intoxicating liquors," it shall not be lawful for any person within the limits of such county to directly or indirectly sell, give away or barter in any manner whatever, any kind of intoxicating liquors or beverage con- JUSTICES OF THE PEACE. 23S taining alcohol, in any quantity whatever, under the penalties herein- after prescribed. (Laws 1913, p. 391.) Sec. 7. Question may be resubmitted, when.— That section 7244 of article III of chapter 63 of the Revised Statutes of Missouri for the year 1909 be amended by striking out the words "or city as the case may be" in the fourth line of said section; and by adding to said section the words: ^'Provided, that in any county in which an elec- tion has been held outside of the corporate limits of any city or town in such county, having at the time of such election a population of 2,500 inhabitants or more, under the provisions of article III of chap- ter 63 of the Revised Statutes of Missouri for the year 1909, the first election under the provisions of this article, as amended, may be held at any time after four years from the date of the election held in such county outside of the corporate limits of any city or town having, at the time of such election, a population of twenty-five hundred inhab- itants or more,*' so that when amended said section shall read as fol- lows: Section 7244. Whenever an election in this article provided for has been held and decided, either for or against the sale of in- toxicating liquors, then the question shall not be again submitted within four years next thereafter in the same county and then only on a new petition and in every respect conforming to the provisions of this article: Provided, that in any county in which an election has been held outside of the corporate limits of any city or town in such county having, at the time of such election, a population of 2,500 in- habitants or more, under the provisions of article III of chapter 63 of the Revised Statutes of Missouri for the year 1909, the first election under the provisions of this article, as amended, may be held at any time after four years from the date of the election held in such county outside of the corporate limits of any city or town having at the time of such election a population of twenty-five hundred inhabitants or more. ( Laws 1913, p. 392.) CHAPTER 65— ARTICLE I. JUSTICES OF THE PEACE. Sec. 7367. Shall be elected, when — ^term of oflBce. — Justices of the peace, as herein provided for, shall be elected at the general election to be held in eighteen hundred and eighty-two, and shall hold their offices for four years, or until their successors are elected, commissioned and qualified; but every justice of the peace now in office shall con- tinue to act as such until the expiration of his commission, and until his successor is elected and qualified. (R. S. 1899, § 3807.) Sec. 7371. Election of, how conducted. — The election of justices of the peace shall, in all respects, be conducted as other elections and the returns made as for other offices. (R. S. 1899, § 3811.) Sec. 7372. County court to decide election of, when. — ^Whenever two or more persons shall have an equal number of votes for justices of the peace for any township, or there is a contested election, the county court shaU decide the same. (R. S. 1899, § 3812.) 234 ELECTION LAWS. CHAPTER 65— ARTICLE IX. JUSTICES AND CONSTABLES IN CITIES OF 300,000 INHABIT- ANTS OR OVER. Sec. 7606. Justices and constables to be elected, when. — ^In all cities which now contain or may hereafter contain three hundred thou- sand inhabitants or more there shall be elected, on the general election day, A. D. 1894, and every four years thereafter, one justice of the peace and one constable for each district in said cities, which districts shall be determined, fixed and located as hereinafter provided. (R. S. 1899, § 6508.) Sec. 7607. Number of districts. — ^For the first one hundred thou- sand of population in said cities there shall be five districts; and there shall be an additional district for every additional one hundred thou- sand, and for every fractional part of one hundred thousand exceed- ing fifty thousand of population. For the purpose of this article the last general census of the United States of America shall be taken as the basis of population. (R. S. 1899, § 6509.) Sec. 7609. Division into districts, who to make. — The judges of the probate court, criminal court, criminal court of correction and of the circuit court, or a majority thereof, in all such cities shall, six months prior to the general election of 1894, divide their respective cities into districts upon the basis of population as fixed by this article, and shall define and fix the metes and bounds of said districts, and each of said districts shall be entitled to one justice of the peace and one constable, to be elected as provided in this article. (R. S. 1899, § 6511.) CHAPTER 72— ARTICLE I. MEMBERS OF THE GENERAL ASSEMBLY. Sec. 8103. Certificate of election of senator. — In all senatorial dis- tricts, composed of two or more counties, the clerks of all the counties shall transmit to the clerk of the county first named in said district, within twelve days after such election, a certificate, under their hands, of the number of votes given for each candidate in each respective county; and the clerk of the county in which any candidate resides, if such candidate shall produce to him the tax collector's receipt for the payment of a state and county tax within one year next preceding such election, shall certify to the clerk of the county first named that such can- didate has paid such tax, as appears from the receipt of the tax collector of such county ; and the clerk of the county to which such return shall be made, after examination of the same, shall certify the result to the secretary of state, and give to the person having the highest number of votes a certificate of his election mider the seal of his office ; and if it appears from the certificate of the clerk of the county in which such person resides, that such person so elected has paid a state and county tax within one year next preceding his election, the clerk of the county MEMBERS OF T&E GENERAL ASSEMBLY. 235 to which such return is made shall further certify that such person so elected has paid such tax as appears from the certificate of the clerk of county, Missouri, and give such certificate to the person so elected. (R. S. 1899, § 8382.) Sec. 8104. Certificate of election of member of house. — When any person shaU have been elected as a member of the house of representa- tives of the general assembly of the state of Missouri, the county clerk of the county which such person was elected to represent, if the person fio elected shall produce to him the tax collector's receipt for the pay- ment of a state and county tax within one year next preceding his elec- tion, shall include in the certificate of election which he is required by law to give to such person so elected, a certificate setting forth that such person has paid such tax as appears from the receipt of the tax collector of such county. (R. S. 1899, § 8383.) Sec. 8108. Governor shall issue writs of election, when. — When- ever the governor shall receive any resignation or notice of vacancy, or -when he shall be satisfied of the death of any member of either house, during the recess, he shall, without delay, issue a writ of election to supply such vacancy. (R. S. 1899, § 8387.) Sec. 8109. Writs of election, how directed. — ^When any vacancy shall happen in the senate, for a district composed of more than one county, the writ of election shall be directed to the sheriff of the county iirst named in the law establishing the district; and when such vacancy shall happen in a senatorial district, which shall have been divided or altered after the general election next preceding the occurrence of such vacancy, the writ of election shall be directed to the sheriff of the county :first named in such old district; and when any vacancy shall happen in either house, for any county which shall have been divided after the general election next preceding the occurrence of such vacancy, the writ of election shall be directed to the sheriff of the old county. (R. S. 1899, § 8388.) Sec. 8110. Duty of the sheriff on receipt of writ. — The sheriff to whom any writ of election shall be delivered shall cause the election to supply such vacancy to be held within the limits composing the county or district at the time of the next preceding general election, and shall issue his proclamation or notice for holding the election accordingly, and transmit a copy thereof, together with a copy of the writ, to the sheriff of each of the counties within which any part of such old county or district may lie, who shall cause copies of such notice to be put up, and the election to be held accordingly, in such parts of their respective counties as composed a part of the old county or district for which the election is to be held, at the last preceding general election; and the returns shall be made and the certificate of election granted in all things as if no division had taken place. (R. S. 1899, § 8389.) Sec. 8111. New district entitled to hold election, when. — When any district or county shall be so altered or divided during the term for which a member shall be elected, and the new district or county shall be authorized to elect their members before the expiration of the term of the former member, in that case the election to fill the vacancy shall be held for the district or county as it shall remain after such alteration 236 ELECTION LAWS. or division, and not as it was at the last preceding general election. (R. S. 1899, § 8390.) Sec. 8142. Majority necessary to a choice in elections.— In all. elections made by either house, or by joint vote of both houses, the vote of a majority of the members present shall be necessary to a choice. When such election shall be by joint vote, the president of the senate shall grant the person elected a certificate, which, in all case* where a commission is required, shall be sufficient to authorize the granting of such commission. (R. S. 1899, § 8421.) CHAPTER 100— ARTICLE I. RECORDERS OF DEEDS. Sec. 10372. Election or appointment of recorder. — ^If the said order shall be made twelve months next before the time herein provided for the election of recorder aforesaid, election shall be ordered for the pur- pose of filling said office, to be held not exceeding forty days thereafter^ and the person chosen at such election shall hold his office until the next regular election of recorder, and until his successor is duly quali- fied ; but if said order is made within twelve months next before the time herein provided for the election of recorder, the governor, on being notified by the county court of the fact, shall appoint some suitable per- son as recorder, who shall hold his office until his successor is duly qualified, and who shall be entitled, on demand, to receipt for aU the books and papers pertaining to said office of recorder, and the circuit clerk shall deliver to him all books and papers pertaining to said office of recorder. (R. S. 1899, § 9080.) Sec. 10373. Election.— On the first Tuesday after the first Monday in November, one thousand eight hundred and sixty-six, and every four years thereafter, an election shall be held for the said office of recorder, in each county of the state where the offices of clerk of the circuit court and recorder of deeds have been separated, and the person so chosen at said election shall, on the first day of January next fol- lowing, enter upon the duties of his office, first giving bond in the sum of not less than one thousand nor more than five thousand dol- lars, conditioned for the faithful performance of the duties of his office, with at least two sufficient sureties, to be approved by the county court. (R. S. 1899, § 9081.) Sec. 10374. Id. How conducted. — Such elections, and all returns thereof, shall be conducted and made in the manner provided by law as in case of elections, and the returns thereof, of clerks of circuit courts. (R. S. 1899, § 9082.) Sec. 10375. In case of tie. — If there be a tie, a new election shall be awarded by the county court of the county wherein such election may be held. (R. S. 1899, § 9083.) STATE SUPERINTENDENTS OF PUBLIC SCHOOLS. 237 CHAPTER 106. STATE SUPERINTENDENT PUBLIC SCHOOLS. Sec. 10918. State superintendent — election and term of oflBce. There shall be elected by the qualified voters of this state, at the next general election for state and county officers, and every four years thereafter, a state superintendent of public schools, who shall enter upon the discharge of his duties on the second Monday of January next following his election, and hold his office for the term of four years and until his successor is elected and qualified. The election of «aid superintendent and the returns thereof shall be the same in all respects as provided for the election of other state officers; and in <}ase of vacancy occurring in said office, by death, resignation or other- wise, the governor shall fill the same by appointment, who shall hold his office until the next general election. (R. S. 1899, § 9854, ra- •enacted, Laws 1909, p. 770.) CHAPTER 106— ARTICLE VHI. COUNTY SUPERINTENDENTS OF PUBLIC SCHOOLS. Sec. 10929. County superintendents — qualifications — ^term of of- fice. — There is hereby created the office of county superintendent of public schools in each and every county in the state. The qualified voters of the county shall elect said county school superintendent at the annual district school meetings held on the first Tuesday in April, 1911, and every four years thereafter. Said superintendent shall be at least twenty-four years old, a citizen of the county, shall have taught or supervised schools as his chief work during at least two of the four years next preceding his election or appointment, or shall have spent the two years next preceding his election or appointment as a regular student in a normal school, college or university, and shall at the time of his election hold a diploma from one of the state normal schools or teachers' college of the state university, or shall hold a state certificate, Authorizing him to teach in the public schools of Missouri, or shall hold s. first grade county certificate, authorizing him to teach in the county of which he is superintendent. The person elected county school com- missioner or county school superintendent at the annual school meet- ing, held the first Tuesday in April, 1909, or his successor, shall, during the month of August, 1909, qualify under this article as county super- intendent of public schools, and shall serve as such until the first Tues- day in April, 1911, and until his successor is elected and qualified ; and the qualifications prescribed for the county school commissioner at the time of the annual school meeting, the first Tuesday in April, 1909, shall be the qualifications for the county superintendent of public schools until the first Tuesday in April, 1911. Said county superin- tendent of public schools shall hold his office for four years, and until his successor is elected and qualified; and all vacancies, caused by death, resignation, refusal to serve or removal from the county, shall 238 ELECTION LAWS. be filled by the governor by appointment for the unexpired term ; the county superintendent shall turn over all books, papers, certificates,, stub books and records in his possession to his successor. Wherever the term, ''county commissioner," or, "county board of education,*' is used in the statutes, it shall be construed to mean county superin- tendent of public schools. (Laws 1909, p. 822, amended, Laws 1911, p. 404.) Sec. 10930. Election returns, how certified — duty of county clerk. At least ten days before the annual school meeting in any year when a county superintendent of public schools is to be elected, the clerk of the county court shall mail by registered letter to the president or clerk of the board of school directors of the various districts of the county a tally sheet of sufficient size to contain the names of all the qualified voters of such districts, which tally sheets shall, so far as practical, conform to the form of poll book set out in section 5809 of article 2, of chapter 43, of the Revised Statutes of Missouri, 1909, re- lating to general elections, and in making the returns of such election^ the tally sheets shall be certified by the chairman and secretary of such annual school meeting and attested by the members of the board of directors of the district, who may be present. The voting for county superintendent shall be by ballot and all ballots cast shall be counted for the persons for whom cast, and it is hereby made the duty of the members of the board of directors and the chairman and secre- tary of the annual school meeting to see that each ballot so cast is counted for the person receiving the same, and it is hereby made the duty of the chairman of the annual school meeting, within two days after such meeting,' to transmit the tally sheets and all ballots, in per- son or by registered letter, to the clerk of the county court ; such bal- lots to be in a sealed package, separate and apart from such tally sheets, such package being properly designated. It shall be the duty of the county clerk, within five days after the annual school meeting,. to call to his assistance two justices of the peace or two qualified voters of the county, and cast up the vote and issue a commission to the person receiving the highest number of votes, for which commis- sion he shall receive a fee of one dollar to be paid by the person com- missioned. A tie vote shall cause a vacancy in the office of county superintendent, which shall be filled by appointment by the governor,, and the person, so appointed, shall hold such office till the next annual school meeting, and until his successor is elected and qualified. In case a school district is divided by a county line, the county clerk shall transmit to the president or clerk of the board of directors of such districts two sets of tally sheets, and the voters residing on each side of the line shall vote separately and returns shall be made to each county as herein provided. For transmitting the returns of such elec- tion, the chairman of the annual meeting shall receive the sum of one dollar to be paid out of the incidental fund of the district. The pro- visions of this act shall, so far as practical, apply to village and city elections so far as affects the election of county superintendent of public schools and so far as not conflicting with existing laws, which SHERIFFS AND DEPUTIES. 239 are sufficient to safeguard such elections. Any person, upon whom there is imposed an official duty by this act, and who shall violate any of the provisions herein, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars, or by imprison- ment in the county jail not less than thirty days nor more than six months, or by both such fine and imprisonment. (Laws 1911, p. 406.) CHAPTER 109— ARTICLE 1. SHERIFFS AND THEIR DEPUTIES. Sec. 11200. Certificate of election, etc. — "When any person shall be elected sheriff, the clerk of the county court shall deliver to him a certificate of his election, under the seal of the court, and shall also certify that fact to the clerk of the circuit court, who shall file the cer- tificate in his office, and he shall enter upon the discharge of the duties of his office on the first day of January next succeeding his election. (R. S. 1899, § 10034.) Sec. 11217. Vacancy in oflSce, how fiUed— private person may execute process, when. — Whenever from any cause the office of sheriff becomes vacant, the same shall be filled by the county court; if such vacancy happen more than nine months prior to the time of holding a general election, such county court shall immediately order a special election to fill the same, and the person by it appointed shall hold said office until the person chosen at such election shall be duly qualified, otherwise the person appointed by such county court shall hold office until the person chosen at such general election shall be duly qualified ; but while such vacancy continues, any writ or process directed to the said sheriff and in his hands at the time such vacancy occurs, remain- ing unexecuted, and any writ or process issued after such vacancy, may be served by any person selected by the plaintiff, his agent or attorney, at the risk of such plaintiff; and the clerk of any court out of which such writ or process shall issue shall indorse on such writ or process the authority to such person to execute and return the same, and shall state on such indorsement that the authority thus given is *'at the request and risk of the plaintiff ;'* and the person se named in said writ or process may proceed to execute and return said process, as sheriffs are by law required to do. Such election shall be held with- in thirty days after the vacancy occurs, and the county court shall cause notice of the same to be published in some newspaper published within the county, and if there should be no newspaper published in said county, shall then give notice, by ten written handbills, posted up in ten of the most public places in the county, for twenty days prior to the day of holding such election. Upon the occurrence of such va- cancy, it shall be the duty of the presiding justice of the county court, if such court be not then in session, to call a special term thereof, and cause said election to be held in pursuance of the provisions of this section and the election laws regulating general elections in this state. (R. S. 1899, § 10048; Laws 1887, p. 281, §§ 2 and 3.) 240 ELECTION LAWS. CHAPTER 115. SURVEYORS. Sec. 11291. Surveyor to be elected, when — term of office. — ^At the November election in the year 1868, and every four years thereafter, the qualified voters of each county shall elect some suitable person as county surveyor, who shall hold his office for four years, and until his successor is elected, commissioned and qualified. The present incum- bents may remain in office until the persons elected at the time afore- said are duly commissioned and qualified. (R. S. 1899, § 10176.) Sec. 11292. Election, how certified. — The clerk of the county court shall certify the election of county surveyors in the same manner as other elections of state and county officers, and the person elected shall be commissioned by the governor. (R. S. 1899, § 10177.) CHAPTER 117— ARTICLE II. ASSESSORS AND THE ASSESSMENT OP PROPERTY. Sec. 11341. Election of assessor. — At the general election in the year one thousand nine hundred, and every four years thereafter, there shall be elected by the qualified voters of the several counties in this state a county assessor, who shall hold his office for a term of four years, and until his successor is elected and qualified, unless sooner removed from office ; and no person elected to said office of assessor shall hold said office more than two successive terms: Provided, that this section shaU not apply to the city of St. Louis. (R. S. 1899, § 9137.) Sec. 11342. Certificate of election. — The clerks of the respective county courts shall deliver to the persons elected or appointed as pro- vided in this article, immediately after their election or appointment, a certificate thereof, under the seal of their respective county courts. (R. S. 1899, § 9138.) Sec. 11343. Term of office. — Assessors elected under the provisions of this chapter shall enter upon the discharge of their duties on the first day of June next after they shall have been elected, and shaU hold their offices for the term of four years, and until their successors are elected and qualified. (R. S. 1899, § 9139, amended. Laws 1909, p. 715.) TOWNSHIP ORGANIZATION. 241 CHAPTER 117— ARTICLE VH. COLLECTORS AND THE COLLECTION OF TAXES. Sec. 11432. Collectors of the revenue — term of oflace.— The offices of shoriff and collector shall be distinct and separate offices in all the coun- ties of this state, and at the general election in 1906, and every four years thereafter, a collector, to be styled the collector of the revenue, shall be elected in all the counties of this state, who shall hold their office for four years and until their successors are duly elected and qualified : Provided, that nothing herein contained shall be so construed as to pre- vent the same person from holding both offices of sheriff and collector. (R. S. 1899, § 9203, amended. Laws 1905, p. 272.) Sec. 11433. Collectors in certain counties. — In aU counties where- in the assessed valuation of all property which now or hereafter shall exceed twenty million dollars, and in which the sheriff is also ex officio collector of the revenue, there shall be elected on the general election day, A. D. 1906, and every four years thereafter, a collector of the revenue, who shall qualify and perform the duties of such office as provided by law. (R. S. 1899, § 9204, amended. Laws 1905, p. 272.) CHAPTER 119. TOWNSHIP ORGANIZATION. ARTICLE I. ADOPTION OF TOWNSHIP ORGANIZATION. SECTION 11652. Voters may vote for or against township organization. 11653. Question submitted — form of ballot SECTION 11654. Returns, how proceeded with. 11655. Organization to go into effect, when. 11656. Township elections, when to be held. Sec. 11652. Voters may vote for or against township organiza- tion. — At any general election that may be holden in the several coun- ties of this state, the qualified voters in any county may vote for or against township organization, as provided by this article. (R. S. 1899, § 10225.) Sec. 11653. Question submitted— form of ballot. — The county court, on petition of one hundred legal voters of said county, shall cause to be submitted to the voters of the county the question of town- ship organization under this article, by the ballot, to be written or printed, ''for township organization," or ''against township organiza- tion," to be canvassed and returned in like manner as votes for state and county officers. (R. S. 1899, § 10226.) E L-16 242 ELECTION LAWS. Sec. 11654. Returns, how proceeded with. — The clerk of the county court shall cause an abstract of the returns of said election to be made out and certified as in election for state and county officers, record the same at length upon the records of the county court of the county, and shall certify the same to the secretary of state. (R. S. 1899, § 10227.) Sec. 11655. Organization to go into effect, when. — ^If it shall appear by the returns of said election that a majority of the legal voters of the county voting upon that proposition at said election are for such organization, then the county so voting in favor of its adop- tion shall be governed by and subject to the provisions of this chapter on and after the last Tuesday in March next succeeding. (R. S. 1899, § 10228, amended, Laws 1903, p. 271.) Sec. 11656. Township elections, when to be held. — The clerk of the county court shall thereupon make out notices for each township, designating the time and place for holding the first township elec- tion in such township, which shall be holden on the last Tuesday in March next thereafter, and shall deliver such notices to the sheriff of the county, who shall cause the same to be posted up in not less than three of the most public places in the township, and not less than fifteen days before the last Tuesday in March ; and the township clerk shall post up notices of all subsequent elections, as directed by the township board of directors. (R. S. 1899, § 10229.) ARTICLE IV. TOWNSHIP SECTION 11668. Elections, when and where held. Officers to be chosen. Additional justices may be elect- ed, when. Elections to conform to general election law. 11672. Qualification of voters. 11669. 11670. 11671. ELECTIONS. SECTION 11673. Canvass of votes and disposition of poll books. 11674. Township clerk to transmit list of officers-elect to county clerk. 11675. Township clerk to notify per- sons elected. 11676. Townships to be election pre- cincts — judges of election. Sec. 11668. Elections, when and where held. — The citizens of the several townships in all counties having adopted the township organization law of this state, who are qualified by the Constitution and laws of this state to vote at general elections, shall assemble biennially on the last Tuesday in March at their usual place of voting, or at such place in their respective townships as they may have pre- viously agreed upon, for the purpose of electing township ofiicers and such other officers and transacting such other business as may be necessary. (R. S. 1899, § 10241.) Sec. 11669. Officers to be chosen. — There shall be chosen at the biennial election in each township one trustee, who shall be ex officio treasurer of the township, one township collector, and one township clerk, who shall be ex officio township assessor, one constable, two TOWNSHIP ELECTIONS. 243 members of the board, and two justices of the peace : Provided, the same persons may be elected members of the board and justices of the peace, at the same election, and hold both offices, also the same person may be elected constable and collector at the same election and hold both offices at the same time, by taking the proper oath of each office and giving the bond required by law. (R. S. 1899, § 10242.) Sec. 11670. Additional justices may be elected, when.— In all townships having a population of over two thousand inhabitants, it shall be lawful for the qualified voters thereof to elect an additional justice of the peace for every two thousand inhabitants until the popu- lation reaches six thousand, after which the number of justices shall not be increased. Said additional justices shall be elected and com- missioned and shall have the same powers and perform like duties as other justices of the peace have and perform by law. (R. S. 1899, § 10243.) Sec. 11671. Elections to conform to general election law. — On the day of the township election the polls shall be opened between seven and eight o'clock a. m. and be kept open until six o'clock p. m. by the judges of the election, and when so opened the electors of the township shall have to elect all officers to be chosen at said election. Said officers shall be chosen by ballot. Each ballot shall contain the name of every officer or measure voted for, written or printed on the face of such ballot, and the name of the office for which the persons voted for are intended to be chosen, which ballot shall be folded so as to conceal the names of the persons voted for ; where the names of two or more persons appear on any ballot for the same office, such baUot shall be rejected by the judges in canvassing the votes, only as to the persons erroneously voted for. Said township election shaU in all things conform to the general law concerning elections for state and county officers, so far as the same is consistent with the provisions of this chapter. (R. S. 1899, § 10244.) Sec. 11672. Qualifications of voters. — No person shall be a voter at any township election unless he be a qualified voter at general elections, and has been an actual resident of the township in which he offers to vote for sixty days next preceding such election. (R. S. 1899, § 10245.) Sec. 11673. Canvass of votes and disposition of poll books. — The votes shall be opened and canvassed according to the laws governing general elections for state and county officers, and, when completed, the poll books shall be signed by the judges and clerks of election, and together with the ballots, shall be filed in the office of the town- ship clerk within two days after such election. (R. S. 1899, § 10246.) Sec. 11674. Township clerk to transmit list of officers-elect to comity clerk. — The township clerk shall transmit to the county clerk, to be filed in his office, a list of the names of the township officers so elected, within five days after such election shall have been held. (R. S. 1899, § 10247.) Sec. 11675. Township clerk to notify persons elected. — The township clerk shall, within ten days after such township election, 244 ELECTION LAWS. transmit to each person elected to any township office a notice of his election. In case two or more persons shall receive an equal number of votes for the same office, the question of which shall be entitled to the office shall be decided between them by lot, under the direction of the township clerk. (R. S. 1899, § 10248.) Sec. 11676. Townships to be election precincts — judges of elec- tion. — Each township acting under township organization may be divided into as many election precincts by the county court as the court may think the convenience of the electors requires; and the judges of all elections held for township purposes shall be appointed by the township board; but if said board should fail to appoint judges, or if any of the judges appointed should fail or refuse to serve or not be present by eight o'clock on the day of election, then the electors present shall have power to choose from their number men to act as said judges. The judges of election shall have power to appoint two clerks of said election. The judges and clerks shall be sworn and the election conducted in like manner as elections for state and county offices, except as provided in this chapter. (R. S. 1899, § 10249.) ARTICLE V. OFFICERS. QUALIFICATION AND TENURE. SECTION 11677. Eligibility to office. Officers to take oath. Elected candidates to file accept- ance. Treasurer and collector to give bond. Constable to take oath and give bond. 11678. 11679. 11680. 11681. SECTION 11682. Constable's bond to be filed. 11683. Penalty for refusal to serve by any one appointed or elected to office. 11684. Duties of outgoing and incoming officials. 11685. Same. Sec. 11677. Eligibility to office. — ^No person shall be eligible to any township office unless he shall be a qualified voter and a resident of such township. (R. S. 1899, § 10250.) Sec. 11678. Officers to take oath. — ^Every person chosen or ap- pointed to the office of township trustee and ex officio treasurer, mem- ber of the township board, township collector, or township clerk, and ex officio township assessor, or constable before he enters on the duties of his office and within ten days after he shall be notified of his elec- tion or appointment, shall take and subscribe, before some justice of the peace, such oath or affirmation as is prescribed by law. (R. S. 1899, § 10251.) Sec. 11679. Elected candidates to file acceptance. — Such person shall, within ten days thereafter, cause such certificate, together with his acceptance of the office, to be filed in the office of the township clerk; his neglect or refusal so to do shall be deemed a refusal to serve. (R. S. 1899, § 10252.) Sec. 11680. Treasurer and collector to give bond. — Every person elected or appointed to the office of township trustee and ex officio treasurer, before he enters on the duties of his office and within ten OFFICERS, QUALIFICATION AND TENURE. 245 days after his election or appointment, shall execute and deliver to the township clerk a bond with one or more sureties, to the satis- faction of the township clerk, payable to the township board, in double the amount of all the township funds, including school moneys, that may come into his hands; and every such bond, when deposited with the township clerk as aforesaid, shall constitute a lien upon all the real estate within the county belonging to such trustee and ex officio treasurer at the time of filing thereof, and shall continue to be a lien until its conditions, together with all costs and charges which may accrue by reason of any prosecution thereon, shall be satisfied. The to^vnship collector shall, before he receives the tax books, give bond and security to the state, to the satisfaction of the county court, in a sum at least double the amount of all the revenue to be collected by him for any one year, including school taxes; such bond shall be executed in duplicate; one part thereof shall be de- posited and recorded in the office of the clerk of the county court, and the other part shall be transmitted by the clerk to the state auditor. The conditions of such bond shall be that he, the said col- lector, will faithfully and punctually collect and pay over all state, county, township and other revenue, including school taxes, that may become due and collectible during the period for which such col- lector shall be elected or appointed; and that he will in all things faithfully perform all the duties of the office of township collector according to law. (R. S. 1899, § 10253.) Sec. 11681. Constable to take oath and give bond. — ^Every person chosen or appointed to the office of constable, before he enters upon the duties of his office, and within ten days after he shall be notified of his election or appointment, shall take and subscribe before some justice of the peace of said township the oath of office prescribed by law, and shall execute, with two or more sureties, an official bond, payable to the township trustee, and to be approved by the township board, which bond shall be conditioned for the faithful discharge of all his official duties. (R. S. 1899, § 10254.) Sec. 11682. Constable's bond to be filed. — The township trustee shall, when the approval of the township board of directors shall be indorsed on said bond, cause the same to be filed in the office of the township clerk; and a copy of such bond, certified by the township clerk, shall be presumptive evidence in all courts of this state of the execution thereof by such constable and sureties. (R. S. 1899, § 10255.) Sec. 11683. Penalty for refusal to serve by any one appointed or elected to office. — Any person chosen or appointed to fill any town- ship office, except that of justice of the peace, who shall refuse to serve, shall forfeit to the township the sum of five dollars for the use of the contingent fund, and said forfeiture, if not otherwise paid, shall be collected by any justice of the peace of said township, as may be provided by law. '(R. S. 1899, § 10256.) Sec. 11684. Duties of outgoing and incoming officials.— If any township officer who is required by law to take the oath of office shall 246 ELECTION LAWS. enter upon the duties of his office before he shall have taken such oath, he shall forfeit to the township the sum of twenty dollars, to be collected and applied as in the preceding section. Township officers shall hold their offices for two years, and until their successors are chosen or appointed and qualified. (R. S. 1899, § 10257.) Sec. 11685. Same. — Whenever the term of office of any town- ship officer shall expire, and others are elected or appointed and quali- fied as their successors, such successors shall, immediately after enter- ing upon the duties of their office, demand and receive from his or their predecessors, or their legal representatives, all the books, papers and money under his or their control belonging to such office, and such books, papers and other property shall be delivered upon oath that the same are all the moneys, books, papers and other property under his control belonging to such township ; duplicate receipts shall be given the outgoing officer for the same, who shall retain one copy and deliver the other to the township clerk, who shall charge the incoming officer with the value thereof. (R. S. 1899, § 10258.) ARTICLE VI. OFFICERS, VACANCIES AND APPOINTMENTS. SECTION 11686. Vacancies In office to be filled by township board. SECTION 11687. Warrant of appointment — ^notifi- cation to appointee. 11688. Resignations, how accepted. Sec. 11686. Vacancies in office to be filled by township board. — Whenever any township shall fail to elect the proper number of officers to which such township may be entitled, or when any person elected or appointed shall fail to qualify, or when any vacancy shall happen in any township office from any cause, it shall be lawful for the township board to fill such vacancy by appointment, and the person so appointed shall hold the office and discharge all the duties of the same during such unexpired term, and until his successor is elected or appointed and qualified, and shall be subject to the same penalties as if they had been duly elected : Provided, that any vacancy in the office of justice of the peace or in the township board shall be filled by appointment of the county court. (R. S. 1899, § 10259.) Sec. 11687. Warrant of appointment — notification to appointee. Whenever any appointment shall be made, as provided in the preced- ing section, the township board shall cause a warrant of appointment to be filed in the office of the township clerk, who shall immediately give notice to the person or persons appointed : Provided, that when the county court shall make such appointment they shall cause notice thereof, in writing, to be transmitted by the county clerk to the town- ship clerk, who shall file the same and give notice to the appointee, as hereinbefore provided. (R. S. 1899, § 10260.) OFFICERS, VACANCIES AND APPOINTMENTS. 247 Sec. 11688. Resignations, how accepted. — The township board may, at any legally convened meeting, for a good and sufficient cause shown to them, accept the resignation of any township officer: Provided, that in all cases where the action of the township board is required, as provided in the foregoing section, a majority of the members concurring therein, shall be taken as the action of the board. (R. S. 1899, § 10261.) FORMS PREPARED IN CONFORMITY WITH THE GENERAL PRIMARY LAW. DECLARATION OF CANDIDATE FOR NOMINATION. To I, the undersigned, a resident and qualified elector of the ( precinct of the town of ), or (the precinct of the ward of the city of ), county of and state of Missouri, do announce myself a candidate for the office of on the ticket, to be voted for at the primary election to be held on the first Tuesday In Augrust, , and I further declare that if nominated and elected to such office I will qualify. (Signed) . Sec. 5859. R. S. 1909. COUNTY CLERK'S NOTICE OF PRIMARY ELECTION. State of Missouri, -^ Iss. County of J County clerk's oflice. Notice is hereby given that a primary election will be held at the regular polling places in each precinct of said county of (or city, as the case may be) on the first Tuesday of August, 19 being the day of August, 19 for the pfurpose of nominating candidates for the following ofllces to be voted for at the general election to be held on Tuesday, day of November, 19 — (Insert list of oflEices here.) Given under my hand and official seal at , this the day of 19.... Clerk of the County Court. Sec. 5858. R. S. 1909. COUNTY CLERK'S NOTICE OF PRIMARY ELECTION. Notice is hereby given that a primary election will be held at the regrular polling places in each precinct of said county of (or city, as the case may be), and that the polls will be open between the hours of in the morning, and in the evening, on the first Tuesday of August, 19 being the day of August, 19 for the purpose of nominating candidates for State, district, county and township oflJces, to be voted for at the general election to be held on (248) FORAis. 249 Tuesday day of November, 19 That the hereinafter mentioned list con- tains the name and postofRce address of each candidate for nomination, together with a designation of the office for which he is a candidate, and the party or principle that he represents; the hours during which the polls will be open. (Insert name, address, office and party of all candidates here.) State of Missouri, > Iss. County of J I , clerk of the county court within and for the county of do hereby certify that the above and foregoing is a true and correct list containing the name and postoffice address of each candidate, together with a designation of the office for which he is a candidate, the party or principle he repre- sents ; also, the hours during which the polls will be open. In testimony whereof, I hereunto set my hand and affix the seal of said county court. Done at office in , this the day of 19 Clerk of the County Court Sec. 5864. R. S. 1909. Sample Primary Ballot 1914. (In conformity with Sees 5867 and 5869 which the clerk may change to accommo- date any number of candidates.) See Sec. 5869 as to arrangement of names on ticket. Ticket For Senator in Congress for Missouri : Name For State Superintendent of Public Schools : Name •. For Judge Supreme Court (Division No. One) Name For Representative In Congress District Name For State Senator District: Name 250 ELECTION LAWS. For Judge Circuit Court District : Name « « •For Representative: Name « « •If more than one, Insert number of district. For Presiding Judge County Court : Name <( For Judge County Court District: Name For Judge County Court District: Name t< «< t* For Judge Probate Court : Name « For Clerk Circuit Court : Name For Clerk County Court : Name •< i; » ;.♦ ; » T t f f f > t » » f t f 1 1 f f f f /t » f f 1 1 f J f t > f s ■ J f t f f J f f I f f t • • f » FORMS. 251 For County Collector: Name For Recorder of Deeds Name For Prosecuting Attorney: Name For Justice of the Peace Township; Name For Constable Township: Name tFor Committeeman ^Township : tif ward, give number of ward. Note. — Such other offices as become vacant by expiration of term, by death, or resignation of incumbent or vacant for any cause and which, under the law, should be filled at the November election, 1914, inserted at such place in the ticket as the im- portance of the office justifies. PRECINCT RETURN AS REQUIRED BY SECTION 5875, R. S. 1909. To chairman of committee of county, Missouri, at , Missouri: The following is a complete return of the primary election held at pre- cinct in township county, Missouri, on Tuesday, day of August, 19 for capi^Idatc c of the party. for received votes for received votes for received ,. votes for received votes (Here giv. as above set out, the vote of each candidate of the r^^pWttYP partf tVQIU Q^fTRor 49wn to and mctuOiug tovnihip wmwHtwmaRt) 252 ELECTION LAWS. We, the duly qualified and acting judges and clerks of the primary election held tn precinct In township county, Missouri, on the day of August, 19 do hereby certify that the foregoing is a full and ac- eurate return of all votes cast at said primary election for all candidates on the ticket. Judges Clerks Note — Copy of this return must be made within twenty-four hours, to the county chairman of each political party, as provided in section 5875, R. S. 1909. PRECINCT RETURN TO THE COUNTY CLERK, AS REQUIRED BY SECTION 5875, REVISED STATUTES, 1909. To county clerk of county, Missouri, at , Missouri : The following is a complete return of the primary election held at precinct in township county, Missouri, on Tuesday, day of August, 19 — , for candidates of the party. for received votes for received votes for received votes for received votes (Here give, as above set out, the vote for each candidate of the respective party from governor down to and including township committeeman.) We, the duly qualified and acting judges and clerks of the primary election, held in precinct in township county, Missouri, on the day of August, 19 — , do hereby certify that the foregoing is a full and ac- curate return of all votes cast at said primary election for all candidates on the ticket. Judges Clerks Note — Copy of this return for each political party must be made within twenty- four hours to the county clerk, as provided for in section 5875, R. S. 1909. CANVASSERS' RETURNS TO CHAIRMAN OF COUNTY COMMITTEE. To be used by the canvassers in making return to the chairman of each county committee. The blank to make return to the secretary of state \n ill be furnished by this office. All other banks to be furnished by the county. COUNTY RETURN, AS REQUIRED BY SECTION 5876, R. S. 1909. To chairman of committee of county, Missouri, at Missouri: The following is a complete return of the primary election held in county, Missouri, on Tuesday day of August, 19...., for candidates of the party. ^ FORMS. . 253 for received votes for received votes for received votes for received votes (Here give, as above set out, the vote of each candidate of the respective party from governor, down to and including township committeeman.) We, , and the duly authorized canvassers for county, Missouri, do hereby certify the above and foregoing to be a true, correct and complete return of all votes cast in said county for all candidates therein named, on the ticket, at the primary election held on Tuesday, day of Augxist, 19 as shown by the returns made by the judges and clerks of election of the different voting precincts in said county. Witness our hands and seal of the county court. Done at this day of 19 • Canvassers. Note — Copy of this return must be made to the county chairman of each political party, as provided in section 5876, R. S. 1909. COUNTY CLERKS' RETURN TO CHAIRMAN OF STATE CENTRAL COMMITTEE. To be used by the county clerk in making return to the chairman of the state central committee of each party, on candidates not voted for wholly within the limits of the county. COUNTY RETURN, AS REQUIRED BY SECTION 5876, R. S. 1909. To chairman state central committee at Missouri, at Missouri : The following is a complete return of the primary election held in county, Missouri, on Tuesday day of August, 19 for candidates of the party, for state offices, representative in congress, state senator and any other candidate not voted for wholly within the limits of the county; also, for state representative : for received votes for received votes for received votes for received votes (Here give, as above set out, the vote of each candidate of the party for state offices, representative in congress, state senator and state representative.) State of Missouri, ^ ^ss. County of J I clerk of the county court of county, hereby certify the above and foregoing to be a true, correct and complete return of all the votes oast in said county for all candidates therein named, on the ticket, at the pri- mary election held on the day of August, 19. . ., as shown by the returns made to my office by the judges and clerks of election of the different voting precincts In said county. In testimony whereof, I hereunto set my hand and affix the seal of said court at office in , this day of , 19 Clerk of County Court. Note. — Copy of this return must be forwarded to the chairman of the state central committee of each party, as provided in section 5876, R. S. 1909. INDEX. MISCELLANEOUS PROVISIONS— Sec Page for one day only 5g05 69 in St. Louis, how conducted 5810 71 "general election," how construed (See R. S. 1909) 8057 dramshop not open on 7216 226 probate judges 4057 45 probate clerk, cities of 300,000 4072 45 service of process on election days (see R. S. 1909) 1785 in cities of first class (see R S. 1909) 8536 town elections (see R S. 1909) : 9473- 9480 voting to be by ballot 5805 69 freedom from arrest on election day 5812 71 fines, etc., how appropriated 5816 72 laws applicable to city of St. Louis 5817 72 FEDERAL NATURALIZATION LAWS AND REGULATIONS 17-30 CONSTITUTIONAL PROVISIONS— Art. Sec. Page to be free and open II 9 5 general time of holding VIII 1 12 how conducted, contest, etc VIII 3 13 contest, by whom tried VIII 9 14 voters, qualifications of VIII 2 13 privileged from arrest VIII 4 13 registration of VIII 5 13 gaining or losing residence VIII 7 13 who disqualified as VIII 8-12 13-14 viva voce, when by VIII 6 13 circuit judges, election of VI 25 11 how held VI 30 11 tie or contest in VI 30 11 clerks of courts of record, election of— contest VI 39, 40 U ^ constitution, amendment of XV 1,2 15 convention to revise XV 3 16 coroner, when elected IX 10 15 vacancy, how filled IX 11 15 general assembly, not to enact local or special law regulating — IV 53 8 representatives, election of, qualification IV2, 3, 4 5,6 when elected IV 10 7 writ of election to fill vacancy IV 14 8 election and qualifications, determined IV 17 8 senatorial districts IV 11 7 senators, election, qualification IV 5, 6 6 when elected IV 10 7 office vacated, how IV 13 8 writ to fill vacancy IV 14 8 election and qualifications determined IV 17 8 governor and lieutenant, election of V 2 9 returns, how made V 3 10 II ' INDEX. CONSTITUTIONAL PROVISIONS— Continued. Art. Sec. Page tie in election determined V 3 10 contest of, how decided V 25 10 initiative and referendum, elections under IV 57 8 justices of the peace, election of VI 37 11 Kansas City court of appeals, election of judges (Anidt.) VI 2,4 13 tie or contest in election VI 30 11 probate judge, election of VI 34 11 sheriff, when elected IX 10 15 special election of •• IX 11 15 St. Louis court of appeals, election of judges VI 13, 16 10 tie or contest in election VI 30 11 state officers, elected when V 2 9 returns, how made V 3 10 tie in election determined V 3 10 contest of election determined V 25 10 supieme court, election of judges (Amdt.) VI 2 13 tie or contest in election VI 30 11 TOWNSHIP ORGANIZATION— adopted, how IX 8 14 discontinued, how IX 9 14 Absent qualified voters may vote for certain officers, how.. 76-78 Sec. Page ADMINISTRATOR, PUBLIC, election of 299 31 ASSESSORS, election of 11341 240 certificate of election 11342 240 term of office 11343 240 BALLOT BOXES, how provided— custody of 5808 70 tickets numbered and placed in 5905, 5818 97, 72 numbered and delivered to judges 5818 72 to be examined before using 5818 72 kept closed— how used 5818 72 not opened, except 5809 70 separate, for rejected votes 5900 96 BALLOTS, election to be by 5805 69 how delivered 1 70 not to be fastened together 1 70 penalty 2 70 numbered and placed in box 5905, 5818 97, 72 sealed and delivered to whom 5905 97 inspected only in contest, etc 5905 97 to be burned, when 5905 97 not to be disclosed 5905 97 counted, when and how 5818 72 who may be present— oath 5818 72 result proclaimed 5910 98 fraudulent, rejected 5908 98 fraudulent in part 5909 98 In contest, opened, counted, etc 5939 104 who may be present 5941 104 examined by whom 5942 105 resealed and preserved 5943 105 printing of— payment for 5889 94 error in, how corrected 5896 95 who shall furnish 5890 94 how headed— contents 5891 94 for questions submitted 5892 94 number— uniformity 5893 95 INDEX. Ill BALLOTS— Continued. Sec. Page to be delivered to judges 5S94 95 delivered to voter— marked 5S99 96 how prepared and voted 5900 96 spoiled, another delivered 5902 97 of illiterate voter, prepared 5903 97 to be numbered, etc 5904 97 falsely indorsing— penalty 5854 85 removing, a misdemeanor, when 5919 lOO voter to receive, only where 5919 lOO form of, constitutional proposition 5971 109 BALLOTS OF ABSENT QUALIFIED ELECTORS to contain what 2 77 canvassed and received, when 4 77 challenged, how 5 78 county clerk to forward 3 77 filed, where 3 77 preserved and destroyed, how 4, 6 77, 78 supplied by whom 8 78 BETTING ON ELECTION— punishment 4763 64 BOND ELECTION, special 1-3 79 BOOTHS, how provided— how arranged 5897 95 ballot prepared in 5900 96 voter may occupy, how long 5901 96 destroying supplies of— penalty 5917 100 CANDIDATES, declaration to be filed, where (see "Nominations") 5862 87 CENTRAL COMMITTEE, defined— powers of 5848 83 CITIZENSHIP, forfeited— conviction, what cases 4631 64 CIRCUIT ATTORNEYS AND PROSECUTING ATTORNEYS, CITY OF ST. LOUIS— election and qualifications 975, 976 31,32 abstract of votes transmitted, how... 976 32 CIVIL RIGHTS OF CONVICTS— pardon, effect of 2893 37 citizenship not lost, when 2894 37 COUNTY SUPERINTENDENT OF PUBLIC SCHOOLS— qualification, term of office 1092S 237 election returns, how certified 10930 237 duty of county clerk 10930 237 COUNTY TREASURER- election of 3749 37 how governed and conducted 3750 38 tie, how decided 3751 38 COUNTY AUDITOR— in what counties 3818,1 38 elected when, term of office. 3819,1 38 COUNTY COLLECTORr- election of 11432 241 in certain counties ' 11433 241 CLERKS, appointment of— oath 5823 74 oath of secrecy 5818 72 duty at election 5905, 5818 91,72 qualifications of 5819 73 shall attest poll books 5907 98 to enter votes in poll books 5906 98 not to open ballot box 5809 70 failing to perform duty 5825 74 free from arrest 5812 71 compensation of 5815 72 * EL-17 IV INDEX. Sec. Page CONGRESSIONAL DISTRICTS ...2726- 2742 33,34 CONGRESSMAN, election of 5789 65 certificate of election 5797 67 COMMISSIONERS, board of— law applicjole to 5922 100 CONSTABLE, duty as to ballot boxes 5S08, 5920 70,100 to attend elections— duties 5813 72 to deliver ballots to judges 5894 95 election of 2757 36 CONSTITUTIONAL AMENDMENTS, how submitted— general provisions concerning 5967- 5973 109-111 CONTESTS— jurisdiction 5924 101 notice 5924 101 persons holding certificate may qualify 5925 102 contestee to give notice, when 5926 102 process 5927 102 depositions ; 5927 102 summary proceedings 5928 102 costs 5929 102 court may award new election, notice ' 5930 102 opening ballots, etc., writ to county clerk 5939 104 writ, how served on county clerk 5940 104 clerk to give notice of writ 5940 104 clerk's return to writ 5942 112 clerk to open ballots 5941 104 ballots, by whom examined 5942 105 ballots to be resealed after examination 5943 105 clerk's certificate of examination of ballots as prima facie evidence 5944 105 appeal and error, bond 5966 lOS CONTESTS FOR PARTICULAR OFFICES— constables 2757 36 justices of the peace 7372 233 mayors of cities of second class (see R. S. 1909) 8913 board of trustees of town (see R. S. 1909) 9435 presidential electors 2753 36 members of legislature, notice 5931, 5934 103 deposition 5931, 5932 103 contestee, failing to select justice 5933 103 rebutting testimony 5934 103 taking, when commenced 5936 104 certification 5937 104 Irrelevant testimony rejected 5938 104 county court to open and count ballots, when 5939 104 governor or lieutenant-governor, determined by legislature 5945 105 joint meeting of general assembly to be in house of representa- tives 5945 105 president of senate to preside 5945 105 petition to general assembly 5946 105 joint committee, appointment, powers 5947 105 depositions 5948, 5949 105,106 notice of taking 5948 105 cross-examination of witnesses 5949 106 report of committee 5950 106 judges of supreme court, court of appeals ajid state officers, to be heard by supreme court 5951 106 INDEX. V CONTESTS FOR PARTICULAR OFFICES— Continued. Sec. Page petition 5952 106 notice 5952 106 depositions 5953, 5955 106, 107 commissioner to take testimony, appointment 5953 106 powers 5954 106 proceedings, examination of witnesses 5955 107 circuit judges, to be heard by judge of adjoining circuit 5956 107 petition 5957 107 summons 5958 107 answer of contestee 5959 107 appeals 5959, 5960 107,108 provisions governing 5961 108 judges of criminal or probate court of city of St. Louis, to be heard by circuit court 5962 108 proceedings, how conducted 5963 108 circuit attorneys, to be heard in circuit court 5964 108 proceedings 5965 108 recorder of deeds 103'<^ 236 CONVENTION, of delegates, defined 5836 80 CORONERS, election of 5789 66 CORRUPT PRACTICES— briber5% who guilty of 6038- 6040 131,133 threats, violence, etc 6041 133 employes, allowed time to vote 6042 133 corporation using threats or money 6043, 6044 133,134 personation of another 6045 134 candidates may expend, what 6046 135 statement to be filed 6047, 6049 135,136 failure to file 6048 136 expending more than allowed, proceedings to oust 6050- 6056 136-138 political committee, what deemed 6057 138 treasurer of, duties 6058- 6060 138,139 failing to perform duty 6062, 6063 140 I statement, etc., open to inspection 6061 139 COUNTY CLERK, to deliver sheriff copy of order establishing or altering precincts 5802 69 to preserve ballots and bum, when 5905 97 may send for poll books 5911 98 duties of, election of, county superintendent of public schools 10930 238 to cast up votes, how 5912 98 publicly, where :.... 5913 99 to issue certificates 5912 98 to senators and representatives 5914, 5916 99 to send abstract of votes to secretary of state 5794 67 failing to, proceeding 5795, 5796 67 pay of, for sending returns to another county 5793 66 to preserve certificate of nomination 5845 81 to publish nominations 5851- 5853 84 amendment to Constitution 5967 109 to furnish ballots, etc 5890- 5896 94,96 on questions submitted 5892 94 what number 5893 95 to deliver to judges 5894 95 shall print and deliver instructions 5898 96 duties when amendment to Constitution submitted 5968 109 to receive and file ballots of absentees 3,4 77 to provide ballots and, etc., for absentees 8 78 election of (see clerks of courts of record) 2673 32 VI INDEX. Sec. Page COUNTY COURT, election of judges 5789, 4076 65,46 elections, how certified 4077 46 may establish and alter precincts and districts 5801, 5802 69 shall appoint four judges 5818 72 additional judges, when 5820 73 to open, canvass and add vote of absentee to poll sheets 4,6 77-78 DISTRICTS, established and altered, how 5801, 5802 69 elections in, how conducted 5804 69 DRAMSHOPS, not to be kept open on election day 7216 226 ELECTIONEERING at polls prohibited 5919 100 regulated 6038, 6003 131,140 ELECTORS, and electoral districts 2726- 2756 33-36 FINES, how appropriated 5816 72 GOVERNOR, to call election in case of tie 5798 67 may direct returns forwarded by messenger 5799 68 writ of election to fill vacancy to state, how notice to be given 5811 71 INITIATIVE AND REFERENDUM, lawmaking power reserved to the people (Const., Art. IV) 57 8 general provisions concerning 6747- 6756 222-226 INTOXICATING LIQUORS, sale of on election days, restrictions 5831, 5832 75 JUDGES OF ELECTION, appointment of 5818,5820, 5821 72,73 lists to be furnished county court by central committees 5821 73 voters may elect, when 5S03, 5920 69,73 oath of 5822 74 oath of secrecy 5818 72 shall open and close polls 5806 69 duties of, at election 5905, 5818 97,72 qualification of 5819 73 compensation 5815 72 ballot boxes furnished to 5818 72 shall sign poll books 5907 98 not to open ballot boxes 5809 70 to send poll book to whom 5911 * 98 failing to perform duty 5S25- 5827 74, 75 free from arrest 5812 71 may punish contempts 5814 71 shall mark ballots, how 5899 96 to deliver ballot to voter 5899 96 to administer oath and certify ballots of absentees 2,3 77 shall deposit ballot in box 5900 96 not deposit ballot, when 5904 97 deliver second ballot, when 5902 97 prepare ballot, when 5903 97 post instructions to voters 5898 96 JUDGE OF SUPREME COURT— when elected 3899 40 JUDGES OF ST. LOUIS COURT OF APPEALS— election and term of office 3907, 3916 40 JUDGE KANSAS CITT COURT OF APPEALS— election of judge— term of office 3915, 3917 40 JUDGE SPRINGFIELD COURT OF APPEALS— how elected, and compensation 3926- 3929 41 when elected— term of office 3930 41 JUDGES, CIRCUIT— election of 3955 41 judicial circuits in state 3979- 4014 42-45 INDEX. VII JUDGE CRIMINAL COURT, 15TH JUDICIAL DISTRICT— Sec. Page qualifications and election 417O 47 court established 415g 45 JUDGE CRIMINAL COURT BUCHANAN COUNTY— election of 4191 47 how removed— vacancies 4195 47 court established 4134 47 JUDGE CRIMINAL COURT JACKSON COUNTY— qualifications and elections 42io 47 election, qualification and compensation of clerk 4213 47 name of court 4206 47 JUDGE CAPE GIRARDEAU COURT OF COMMON PLEAS— election of, salary 4236 48 term of office 4235 43 may practice, where 4235 43 JUDGE ST. LOUIS COURT OF CRIMINAL CORRECTION— election, qualification, term 3 49 court established 1 48 JUDGE ST. LOUIS COURT OF CRIMINAL CORRECTION, DIVISION NO. 2— appointment of 3 ^ election, qualifications, tenure 3 49 court established 1 49 CLERK OF ST. LOUIS COURT OF CRIMINAL CORRECTION— election of 3 49 JUSTICES OF THE PEACE— elected when— term 7367 233 how conducted 7371 233 tie, county court to decide 7372 233 JUSTICES AND CONSTABLES IN CITIES OF 300,000 AND OVER— elected, when 7606 234 number of districts 7607 234 who to make district division 7609 234 LEGISLATURE— list of members elect to be certified to each house by secretary of state 5790 66 list to show whether taxes paid 5790 66 to open and publish returns of election to state offices ; 5791 66 joint session held therefor 5791 66 tie in such case, duties 5792 66 to fill vacancy in 8108- 8111 235 contest of election of members 5931- 5944 103-105 election by, necessary vote 8142 236 representatives, election of 5789 65 certificate of election shall contain, what 5914, 8104 99,235 senators, election of 5789 66 certificate of election shall contain, what 5916, 8103 99,234 LOCAL OPTION- election to determine whether liquors shall be sold in county 7238 227 same in cities of 2,500 or more, when held 7239 228 notice of election, how given 7240 228 form of ballot 7241 229 If majority for sale, existing laws to remain in force— if against, notice to be given— act in force, how contested 7242 22S if against, sale of intoxicating liquors prohibited 7243 229 question determined, not to be submitted for four years 7244 230 MESSENGER, clerk may send, for poll books 5911 98 secretary of state may send for returns 5795 67 returns of special election sent by 5799 68 VIII INDEX. MESSENGER— Continued. Sec. Page compensation of 5793 66 falling to perform duty 5826, 5827 74,75 NATURALIZATION LAWS AND REGULATIONS 17-30 NOMINATIONS (see "Primary Elections.")— how made 5833 79 certificate of 5834 80 to be filed, when, where 5835, 5847 80,82 to be signed 5842 81 when signed by voters 5843 81 to be preserved 5845 81 to contain one name 5846 81 objections, proceedings 5849 83 falsely making or destroying 5854 85 convention of delegates defined 5836 80 by voters, number of signers 5843 81 new political parties prohibited from using name of parties in exist- ence 5844 81 persons not to assist in nominating more than one candidate 5846 81 candidates not to accept nomination for more than one office 5846 81 vacancies 5847 82 power of central committee 5848 83 central committee, what constitutes 5848 83 factional disputes 5849 83 rejection 5853 84 of judges of supreme court or appellate courts 5855 85 bribery by candidates 6040 133 OFFENSES BY PERSONS IN OFFICE, OR AFFECTING PUBLIC TRUSTS AND RIGHTS, AND CONCERNING ELECTIONS— bribing public officers— punishment 4395 50 officers accepting bribes— punishment 4396 51 bribing ofllcer to appoint to office, etc 4397 51 oflicer accepting bribe to make appointments, etc 4398 51 accepting office procured by bribery 4399 52 attempting to bribe officer in cases mentioned in preceding sections.. 4400 52 bribery to procure oflfice 4401 52 accepting bribe to procure office 4402 52 accepting bribe by voter 4403 52 offering bribe to voter 4404 53 bidding for ofllce 4405 53 selling office 4406 53 assessment of candidates , 4407 53 buying office 4408 53 preceding sections construed 4409 54 grant of office void 4410 54 oppression in office 4411 54 fraud in office 4412 54 conviction, effect of 4413 54 exacting illegal fees 4414 54 collecting illegal taxes 4415 54 punishment for misdemeanor in office 4416 54 prosecuting attorney guilty of misdemeanor, when 4417 54 persons in custody entitled to release, etc 4418 55 usurping office 4419 55 persons and property secure in absence of legal process 4420 55 clerks, deputies, etc., not to buy fees— not to charge less than legal fee 4421 55 penalty 4422 56 INDEX. IX OFFENSES BY PERSONS IN OFFICE, OR AFFECTING PUBLIC TRUSTS AND RIGHTS, AND CONCERNING ELECTIONS-Continued. Sec. Page Intimidating voters 4423 gg defrauding voters .* 4424 55 circulating fraudulent tickets 4425 55 importing fraudulent voters 4426 sg fraudulent voting 4427 55 attempt to cast illegal vote 4428 56 fraud by judges and clerks of election 4429 57 fraud in casting up returns 443O 57 neglect of judges and clerks to perform duty 4431 57 refusal to give canvasser information 4432 68 neglect of duty by canvasser 4433 5$ Id. Penalty for neglect of certain duties 4434 53 Id. What deemed a felony 4435 58 signing application to have voter's name erased, a felony 4436 58 neglect of duty by judge or clerk— penalty 4437 59 ballot boxes to be kept In view— penalty 4438 59 failure to serve as judge or clerk— penalty 4439 59 condition of ballot boxes to be noted when received 4440 59 impersonation of voter and false registration prohibited 4441 60 Id. Penalty 4442 61 false canvass of voters— returns— destruction or concealment— penalty.. 4443 62 ballots and ballot boxes— things prohibited in use of 4444 62 breaches of the peace and disorderly conduct 4445 62 electioneering for candidate by certain officers prohibited 4446 63 failure of clerk or judge to sign and make return— penalty 4447 63 OFFICERS, neglecting duty 5918 100 disclosing vote, penalty 5919 100 electioneering on election day 5919 100 POLLS, when open and closed 5806 69 failure to open- proceedings 5920 100 application to certain elections 5921 100 POLL BOOKS, how furnished 5807 70 how signed and attested 5907 98 clerk to enter votes in 5906 98 form of 5809 70 election law sent with 5824 74 returned to county clerk 5911 98 destroyed, when (See R. S. 1909) 3735 PRECINCTS, how established and altered 5801 ® order defining, to describe what 5802 69 copy of to be posted 5802 69 poll books for, how furnished 5807 70 election in, how conducted 5804 69 ballot boxes, how provided 5808 70 laws applicable to • 5923 101 PRIMARY ELECTIONS— nominations, how made — exceptions 5855 85 primary, when held 5856 secretary of state to notify county clerks 5857 county clerk to publish list 5858 declaration to be filed by candidate 5859 filed, where 5859 form of 5859 deposit by candidate 5860 to be paid to whom 5860 to go to revenue fund, when 5861 85 X INDEX. PRIMARY ELECTIONS-Continued. Sec. Page secretary of state to transmit list to county clerk 5863 87 publication to be made by county clerk 5864 87 in what papers ". 5865 87 vacancies, how filled 5870 89 ballots, official 5866 87 sample 5867 88 paid for at public expense 5868 88 tickets, how prepared and voted 5869 88 names, how arranged 5869 88 qualifications of voters 5871 89 challengers and witnesses 5872 89 ballots rejected, when 5873 89 votes canvassed, how 5874 89 in presence of whom 5874 89 returns, how made and to whom 5875 89 county canvass of returns 5876 90 duty of county clerk 5876 90 party candidate, declared 5877 90 name to appear on official ballot 5877 90 secretary of state to publish result 5878 90 to certify to county clerk 5879 90 committeemen, how chosen 5880 90 platform, how made 5880 90 tie vote, how determined 5881 92 forms, secretary of state to prepare 5882 92 to be printed 5882 92 judges and clerks 5883 92 presidential electors, how chosen 5884 92 registration and revision 5888 93 St. Louis election commissioners' duties 5886 93 penalties 5885, 5887 92,93 PRIMARY ELECTIONS FORMS 248-253 PRIMARY ELECTIONS IN COUNTIES WITH 100,000 INHABITANTS OR OVER— notice 5974, 5975 111 how ordered 5974 111 judges, selection 5976 112 oath 5976 112 duties 5977 112 clerks, selection, oath 5976 112 challenges to voters 5977 112 voting more than once, penalty 5978 113 bribery 5979 113 provisions of article, when applicable 5980 113 expenses of election, how paid 5981 113 PRIMARY ELECTIONS IN COUNTIES HAVING OVER 175,000 AND LESS THAN 300,000 INHABITANTS— call for, notice, publication 5982, 5983 114 when held 5984 114 eligibility of voters 5985 115 penalty for illegal voting 5985 115 election districts 5986 115 division of wards into 59S6 115 polling places 5986 115 delegates, basis of representation 5987 115 apportionment of 5987 115 duties of political committee 5988 115 INDEX. XI PRIMARY ELECTIONS IN COUNTIES HAVING OVER 175,000 AND LESS THAN 300,000 INHABITANTS— Continued. Sec. Page filing delegations 5988 115 delegation by petition 5988 115 ballot boxes 5989 116 how obtained 5992 126 judges and clerks, how named 5989 116 oath 5989 116 certifying returns 5989 116 refusing to sign returns 5990 117 committee to appoint, when 5993 118 polls, opening and closing 5989 116 voting 5989 116 counting votes 5989 116 returning ballots, ballot boxes, etc 5989 116 ballots, initials of judges Indorsed on 5989 116 procedure in case of controversy 5990 117 certificate prima facie evidence 5991 118 registrations lists 5992 118 convention, chairman 5991 118 committees 5991 118 procedure 5991 118 poll books 5992 118 delegate at large, when chosen 5995 118 central committee to make rules 5994 118 misdemeanors 5996 119 PRIMARY ELECTION IN CITIES OF 100,000 INHABITANTS AND OVER- popuJation, how determined 5998 119 "primary election" defined 5837 80 judges and clerks, oath 5838 80 appointment 6006 120 compensation > 6007 ' 121 duties 6008 121 misdemeanors 6011 121 tellers, oath 5838 80 vmlawful voting, penalty 5839 80 procuring illegal voting 5840 80 returns ' 6841 81 notice 5999 119 election districts 6000 120 polling places 6000 120 ballots, printing and delivering 6001 120 number 6002 120 contents 6004 120 how other names may be placed on 6005 120 copies of poll books 6003 120 eligibility of candidates 6005 120 certificates of election 6009 121 duty of board of election commissioners 6009 121 polls, open when 6010 121 expenses, how paid 6012 121 PRIMARY ELECTIONS IN CITIES OF 400,000 INHABITANTS AND OVER— at public expense, what, how paid for 6025 127 XII INDEX. PRIMARY ELECTIONS IN CITIES OF 400,000 INHABITANTS AND OVER— Continued. Sec. Page BALLOTS— name can not appear on more than one party ballot 6016 124 expense of, by whom paid 6025 127 form of 6026 128 printing and distribution of 6024 127 names to be alternated 6026 128 whose name shall appear as nominee 6031 129 BOARD OP ELECTION COMMISSIONERS— to file declarations 6016 125 to prepare and have printed forms to carry out act 6032b 129 to publish names of candidates 6017 125 to provide official ballot 6019 126 to publish list of offices to be filled 6022 126 to be notified by city register of offices to be filled 6021 126 to prepare estimate of expense for primary 6025 127 to audit and approve expenses of primary 60^ 127 to canvass returns, when 6030a 129 to mail statement of vote to chairman of city committee of each party 6030a 129 to declare result and issue certificate of nomination 60332 129 duties of, respecting the printing and distribution of ballots.. 6026, 6024 128, 127 canvass of votes, how made 6029 129 by whom made, when 6030a 129 tie, how decided 6032a 129 who may be present 6029 128 certificate of nomination, by whom issued 6033 129 challengers and watchers 6032c 129 city register to notify board of election commissioners of what, when.. 6021 126 construction of article 6013 124 deposit-as evidence of good faith : 6014a 125 of non-partisan candidate to go Into city revenue fund, when... 6015 125 DECLARATION— to be filed, where 6016 125 to be filed, when 6023 125 can not be withdrawn 6016 125 one only to be filed 6016 125 form of 6023 125 filing deposit as evidence of good faith 6014a 125 how used 6014a 125 to whom paid 6014a 125 of non-partisan candidate 6015 125 inconsistent acts repealed 6037 131 judges and clerks, duties of 6026 128 to make returns to whom 6030 129 how appointed, duties of, etc 6035a 129 oath of 5838 80 nominations, how made, exceptions 6014 124 nominee, whose name shall appear on ballot as such 6031 129 non-partisan candidates, how nominated 6034 130 non-partisan ballot 6035 130 penalties and provisions of election laws apply 6036, 6036a 130,131 platform, how and when made 6032 129 primary— application of act 6019 126 to be held when and where 6020 126 procuring illegal voting 5840 80 INDEX. XIII PRIMARY ELECTIONS IN CITIES OP 400,000 INHABITANTS AND OVER— Continued. DECLARATION— Continued. Sec. Page publication to be made in what papers 6018 126 of names of candidates 6017 126 of list of offices to be filled 6022 126 returns, how made and to whom 6030 129 fraudulent 5841 gi tickets, how prepared, how voted 6026 128 tie, how decided 6032a 129 unlawful voting 5839 80 vacancies, how filled 6027 128 vote, who entitled to 6028 128 proof required 6028 128 PROSECUTING ATTORNEYS— election and qualifications 1000- 1002 32 abstract of votes, transmitted, how 1003 32 RECORDER OF DEEDS— election or appointment 10372 236 election, when 10373 236 how conducted 10874 236 ties or contest 10375 236 REGISTRATION, IN CITIES OF 25,000 AND LESS THAN 100,000 6064 141 who may register 6065 141 same— vote challenged 6068 142 allowed after time, when 6073 144 in voters residence district 6085 146 time and place appointed 6070 143 hours of 6074 145 additional, when 6082 146 original books and copy delivered to election judges 6075 145 return to clerk 6076 145 list furnished city 6079 146 additional list, when 6083 146 illegally registering, penalty 6085 146 punishment of registrar 6086 147 destroying, etc., books of 6088 147 officer failing to do duty 6089 147 registrars, election of— qualifications 6067 142 appointment, when 6067 142 deputy, appointment of 6071 144 to revise registry lists 6072 144 hours of registration 6074 146 compensation of 6077 145 circuit court to control 6080 146 refusing to register 6086 147 corruptly registering 6086 147 duty of, in case of challenge 6087 147 not to be a candidate 6084 146 in cities of 25,000 and less than 30,000, county clerk shall provide registration books 6066 141 clerk shall deliver same to registrars 6069 143 special days of registration 6081 146 elections in, how conducted 6078 146 REGISTRATION AND ELECTION IN CITIES OF 100,000 OR OVER— election, how conducted W)90 149 ballots, provided 6093 151 delivered to judges 6125 173 numbered, etc., by judges 6134 175 XIV INDEX. REGISTRATION AND ELECTION IN CITIES OF 100,000 OR OVER— Continued. Sec. Page how counted 6139 178 counted, disposition of 6140 179 returned to commissioners 6143 179 commissioners to keep— to destroy 6143 179 ballot boxes, provided 6093 151 delivered to judges 6125 175 emptied before using 6132 174 kept in public view 6132 174 disposition of 6145 181 certificate of election 6151, 6152 183 challengers 6136 176 ^clerks, how chosen— qualification-examination— oath 6095- 6099 151-155 subsequent selection of 6107 157 duties as to verification lists 6112 164 precinct canvassers— duties 6113- 6114 166-167 vacancy, how filled 6131 174 duty in keeping poll book 6133 175 to write in headings on blank tally sheets 6142 17^ to sign returns 6144 180 duty as to ballot boxes 6146 182 failure to perform duty 6148 182 punishment of, generally 6156 186 clerks guilty of felony, when 6158 187 compensation of * 6181- 6184 193 exempt from jury service 6187 194 commissioners, board of, appointment— oath— bond 6091 14^ shall establish precincts 6092 151 shall provide ballots, etc 6093 151 prepare for new and general registration 6094 151 select places of registry 6100 155 select polling places 6100 155 name of convicts furnished to 6101 155 list of deaths furnished to 6102 156 shall furnish names of criminals and deceased parties to judges 6103 156 give notice of registration 6104 156 shall make rules 6105 157 provide registry books 6110 15& duty In challenges 6112 164 shall furnish verification list 6112 164 copy and print registry 6116 170 furnish judges with ballot— ballot boxes— poll books, etc 6125 173 ballots returned to, disposition of 6143 17» duty as to ballot boxes 6147 182 duty as canvassing board 6149 183 certify result 6150 183 duty In case of fraud 6153 184 guilty of felony, when 6158 187 to aid in prosecution , 6179 192^ compensation of 6180 192 shall audit claims 6185 194 may administer oaths 6186 194 may be removec? , 6188 194 holiday on election day 6106 157 Judges, how chosen— qualification— examination— oath 6095- 6099 151-155 subsequent selection of 6107 157 names of criminals and deceased parties furnished to 6103 156 INDEX, XV REGISTRATION AND ELECTION IN CITIES OF 100,000 OR OVER— Continued. Sec. Page shall be board of registry 6108 157 shall make registration, when 6110 158 each day's registration signed 6111 164 to exhibit registry 6112 164 duty in challenges 6112 164 verification lists furnished to 6112 164 revision of registry ' 6115 168 correcting and printing registry 6116 170 to obtain ballot, ballot boxes, poll books, etc., how 6125 173 vacancy, how filled 6131 174 duty at polls 6134 175 to be peace officers 6137 177 shall canvass vote 6138 177 on proposition submitted 6141 179 count ballots, how 6139 178 dispose of counted ballots, how 6140 179 proclaim result of election 6143 179 deliver ballots to commissioners 6143 179 to make certificate of returns 6144 180 disposition of ballot boxes, etc 6145- 6147 181-182 punishment of, generally i 6157, 6158 186, 187 compensation of 6181- 6184 193 may administer oath 6186 194 exempt from jury service ^ 6187 194 offenses 6154- 6179 184-192 on adoption of new char.ter (see R. S. 1909) 9703- 9742 precincts established 6092 151 polling places in 6100 165 polls opened and closed, when 6130 174 poll books provided 6093 151 delivered to judges 6125 173 registration, new and general 6094 151 notice of time and place 6104 156 when made— form of books 6110 158 qualified voters absent or sick 6110a 163 application for registration 6110a 163 statement to be filed 6110a 163 when heard 6110a 163 challenges, how made 6112 164 personal appearance required 6122 172 intermediate registration 6123 172 revision of 6115, 6129 168, 173 registry, correction of printing 6116 170 names erased from, and added to 6117- 6120 170,171 same to be published 6121 172 open for inspection 6124 173 to be returned to commissioners 6126 173 mutilating or destroying 6127 173 vacancy in board of : 6128 173 revision of 6115, 6129 168, 173 votes, how canvassed 6138 177 on proposition submitted, how canvassed 6141 179 result proclaimed 6143 179 voters, qualifications of 6109 167 may challenge registry of another 6112 164 must be registered 6135 176 impersonation and other crimes 6155 185 XVI INDEX. REGISTRATION AND ELECTION IN CITIES HAVING 300,000 IN- HABITANTS AND OVER— Sec. Page election laws, applicable 6189 195 proceedings when ballot is offered by voter 6220 212 officers of the law to obey judges 6222 ' 214 BALLOTS AND BALLOT BOXES— ballots, commissioners to provide 6193 19& ballots, how delivered 70 not to be fastened together ^. 70 ballot boxes, commissioners to provide 6193 198 delivery to judges 6216 211 to be kept in public view 6218 212 poll books placed within box, how sealed 6227 217 disposition 6228 217 disposition by commissioners 6231 219 BOARD OF ELECTION COMMISSIONERS— creation 6190 195 eligibility 6190 195 appointment 6190 195 oath 6190 195 bond , 6190 195 term 6190 195 vacancies 6l6o 195 ineligibility to other office 6190 195 rules and regulations 6190 195 general powers 6190 195 printing rules and regulations 6191 196 chairman, designation 6190 195 records, inspection 6191 196 to print and furnish on demand official data 6191 196 to furnish forms for reports by registration officers 6191 196 reports to 6191 196 reports to governor 6191 196 copies of reports of for mayor 6191 196 to provide registration books 6191 196 custody of registration books 6191 196 authority to administer oaths 6192 198 secretary, appointment 6192 198 oath 6192 198 bond 6192 198 powers and duties 6192 198 authority to administer oaths 6192 198 compensation 6192 198 clerical force 6192 198 oath 6192 198 authority to administer oaths 6192 198 compensation 6235 220 office to be in city hall 6193 198 to provide ballot boxes, registration books, etc 6193 198 to appoint places of registration and polling places 6193 198 division of city into election districts 6194 199 selection of judges and clerks 6195 199 publication of names of judges and clerks 6196 200 to give notice of registration days 6197 201 to provide registration books 6198 201 to furnish verification lists 6202 204 appointment of precinct canvassers 6203 204 Investigation of complaints against precinct canvassers 6204 205 printing and posting copies of verification lists 6205 205 INDEX. XVII REGISTRATION AND ELECTION IN CITIES HAVING 300,000 IN- HABITANTS AND OVER— Continued. Sec. Page registration books, return to 6209 208 printing verification lists 6209 208 printing and posting revised list of voters 6215 211 delivery of poll books, etc., to judges 6216 211 registration of absentees or invalids 6221 213 to furnish new registration books 6221 213 ballots returned to 6228 217 statement of vote and tally sheets delivered to 6229 218 disposition of ballot boxes 6231 219 to make abstract of vote 6232 219 to make and deliver certificates of election 6233 219 proceedings in case of fraudulent returns 6234 219 compensation 6235 220 election days holidays 6236a 220 effect on commercial paper 6236a 220 expenses 6237 221 majority may act 6237 221 auditing claims 6238 221 CHALLENGES AND CHALLENGERS— challenges to applicants for registration 6201 204 to registered voter 6202 204 oath 6220 212 challenges at registration or election 6222 214 CLERKS— selection 6195 199 eligibility 6195 199 oaths 6195, 6217 199. 211 not to hold other office 6195 199 removal 6195 199 objections to qualification 6196 200 publication of names 6196 200 as precinct canvassers 6203 204 revision of registry 6206 206 signing registers 6209 208 absence 6217 211 exempt from jury duty 6230 218 compensation 6236 220 canvass of votes 6223- 6226 215-216 COUNT OF VOTES. RETURNS. AND CANVASS— canvass of votes— watchers 6222 214 time for 6223 215 attending police officers ! 6223 215 mode of canvass 6224 215 on proposition submitted 6225 216 statement of result, how made and certified 6226 216 contents 6226 216 indorsement of envelope containing returns 6226 216 disposition of ballots 6228 217 statement and tally sheets, delivery to commissioners. 6229 218 abstract of votes, how made 6232 219 delivery to secretary of state ©32 219 returns, proceedings in case of fraud 6234 219 JUDGES— authority to administer oaths 6192 198 selection 6195 199 eligibility 6195 199 oaths 6195 199 XVIII INDEX. REGISTRATION AND ELECTION IN CITIES HAVING 300,000 IN- HABITANTS AND OVER— Continued. Sec. Page removal 6195 199 not to hold other office 6195 199 objections to qualifications 6196 200 publication of names 6196 200 to constitute board of registry 6198 201 revision of registry 6206 206 registers, ballot boxes, etc., delivered to 6216 211 absence 6217 211 to be peace officer 6222 214 signing statement of result of canvass 6226 216 sealing ballot boxes 6227 217 canvass of votes 6223- 6226 215-216 delivery of ballots to commissioners 6228 217 exempt from jury duty... 6230 218 compensation 6236 220 POLL BOOKS, POLLING PLACES AND TALLY SHEETS— poll books, commissioners to provide 6193 198 delivery to judges 6216 211 how kept 6219 212 entries as to person voting 6220 212 to be placed in ballot box, seal 6227 217 polling places, commissioners to designate 6193 198 places prohibited 6193 198 provisions and supplies for 6193 198 tally sheets, commissioners to provide 6193 198 polls, opening and closing 6217 211 PRECINCTS— commissioners to divide city 6194 199 revision and rearrangement 6194 199 consecutive numbering 6194 199 verification lists posted at 6205 205 REGISTERS AND REGISTRATION— registration books— duplicate registration book 6191 196 commissioners to provide 6193, 6221 198, 213 to be provided by commissioners 6198 201 form and arrangement 6198 201 entries 6198 201 charge of 6199 202 entries, by whom made 6199 202 return to commissioners 6202 204 erasure of names from register, application of voter 6207 207 affidavits on application for erasure 6207 207 duty of judges on hearing application 6208 207 delivery to judges 6216 211 registration 6189 195 electors to sign registry books 6198 201 in presidential years 6198 201 judges of election to constitute board of registry 6198 201 persons entitled 6199 202 oath to electors 6199 202 challenges 6201,6202, 6222 204,214 oath 6220 212 erasure of names 6206 206 change of residence 6206 206 affidavits 6206 206 false registration 6212 209 INDEX. XIX REGISTRATION AND ELECTION IN CITIES HAVING 300,000 IN- HABITANTS AND OVER— Continued. REGISTERS AND REGISTRATION— Continued. Sec. Page of invalids and absentees., 6214, 6221 210,213 votes of persons not registered not to be received 6220 ' 212 for special elections 6221 213 appeals 6221 213 registration days, number 6198 201 notice of .- 6197 201 board of registration 6198 201 vacancies 6199 202 duties 6199 202 signing registration books 6199 202 return of books to commissioners 6202 204 verification lists furnished to 6202 204 clerks, preparation of verification lists 6202 204 application to for erasure of names from register 6207 207 duties on hearing application to erase names 6208 207 signing names to registers 6209 208 duties as to special elections 6221 213 compensation 6236 220 precinct canvassers, duties 6203 204 notice to persons whose residence cannot be located 6204 205 temporary appointment 6206 206 lists of persons to whom notice has been sent 6206 206 duties as to special elections 6221 213 oath to person to whom notice has been sent 6206 206 registration lists, printing 6209 208 applications to be placed on registraion lists, circuit court to hear 6210 208 appeals 62U ' 209 printing and posting revised lists 6215 211 board of revision, duties as to special elections 6221 213 registry in force between general elections 6221 213 VERIFICATION LISTS— how made 6202 204 disposition 6202 201 precinct canvassers 6203- 6206 204-206 delivery to board of election commissioners 6204 205 notice to persons whose residence cannot be located v 6204 205 printing and posting copies 6205 205 printing • 6209 208 delivery to judges 6216 211 VOTERS— to sign registration book 6191 196 residence 6199, 6200 202,203 qualifications 6200 203 transfer of registered voters 6213 209 SECRETARY OF STATE, shall furnish county clerks with election laws.. 5824 74 abstract of votes sent to 5794 67 may send for 5795, 5796 67 duty, when returns are in 5797 67 shall lay before legislature list of members-elect 5790 66 such list to show, what 5790 66 shall deliver returns of votes for state offices to speaker of house — 5791 66 shall preserve certificate of nomination 5845 81 shall certify names of candidates to county clerk 5850 84 those not to be certified 5853 84 EL-18 XX INDEX. SECRETARY OF STATE-Continued. Sec. Pag« to certify proposed amendments to Constitution to county clerk 5967 109 duties of, when amendments to Constitution submitted 5968- 5973 109-110 SENATOR IN CONGRESS FROM MISSOURI, how elected 221 SHERIFF— election of 5789 65 shall post order establishing or altering districts or precincts 5802 69 to fix place for voting, when 5803 69 shall provide ballot boxes 5808 70 shall deliver ballots to judges 5894 95 special election to fill vacancy 11217' 239 certificate of election 11200 239 SPECIAL ELECTION— in case of tie— proceedings 5798 67 in other cases of tie 5915 99 returns forwarded by messenger 5799 68 may be ordered by court 5930 102 for purpose of voting bonds 1-3 79 STATE OFFICERS— election of (see various titles) 5788 65 abstract of vote sent to secretary of state 5794 67 returns, delivered to whom 5791 66 who declared elected 5791 66 tie in, how determined 5792 66 contest of election of 5951- 5955 106-107 STATE SUPERINTENDENT OF SCHOOLS— election of , 10918 237 tie in, how determined 5792 66 contest of election of 5951- 5955 106-107 SURVEYORS— elected, when 11291 240 election, how certified 11292 240 TICKETS- numbered, etc 5905 97 sealed and delivered, to whom 5905 97 inspected only In contests, etc 5905 97 to be burned, when 5905 97 not to be disclosed 5905 97 concealing, destroying, etc 5829, 5830 75 TIE— special election— proceedings 5798 67 returns forwarded, how 5799 68 for state officers, how determined 5792 66 for certain other officers— proceedings 5915 99 TOWNSHIP OFFICERS, election of 11668-11676 243-244 TOWNSHIP ORGANIZATION— adoption of 11652- 11656 241-242 oflflcers— qualifications and tenure 11677- 11685 244-246 vacancies and appointments • 11686- 11688 246-247 VACANCIES— writ of election to fill, must state how many days' notice will be given. 5811 71 In state or county offlces, how filled 5828 75 VOTES— entered in poll book 5906 98 whole number set down 5910 98 cast up, how and where 5912, 5913 98, 99 abstract of, sent to secretary of state 5794 67 not to be disclosed 5905 97 ^ INDEX. XXI VOTERS— Sec Page may elect judges, when....; 5803, 5920 69,100 qualifications of 5800 68 tickets received— numbered 5905, 5818 97,72 name entered in poll books 5905 97 vote not to be disclosed 5905 97 freedom from arrest 5812 71 guilty of bribery— penalty 6039 132 may sign certificate of nomination— contents 5843 81 to prepare ballot in booth 5897 95 ballot delivered to— marked 5899 96 delivered only, where 5919 100 shall proceed, how 5900 96 may be challenged 5900 96 only one to occupy booth 5901 96 ballot, spoiled— another delivered 5902 97 illiterate, ballot prepared for 5903 97 instructions to— posted 5898 96 VOTING— place of, sheriff to fix, when 5803 69 to be by ballot 5806 69 done, in what manner 5900 96 WEAPONS, carrying concealed upon election day— penalty 4496 63 WITNESS, who, to counting ballot— oath 5818 72 Note— Non-partisan Judiciary Act contained on pages 122-123 declared unconsti- tutional by Supreme Court June 2, 1914. V THIS BOOK IS DUii ON THE LAST DATE STAMPED BELOW AN INITIAL FINE OF 25 CENTS WILL BE ASSESSED FOR FAILURE TO RETURN THIS BOOK ON THE DATE DUE. THE PENALTY WILL INCREASE TO 50 CENTS ON THE FOURTH | DAY AND TO $1.00 ON THE SEVENTH DAY OVERDUE, 1 M 23 1934 i LD21-100m-7,'33 (laylord Bros. Makers Syracuse, N. Y. m. JAN. 21, 1908 293779 UNIVERSITY OF CALIFORNIA LIBRARY