/SGJ UC-NRLF $B 25 7fi7 GIFT or iigrat of lElpflton ICams of 1908 tDOMPILED BV N. G. ROBERTSON SEZCREZTARV o/" State Board Qf Elections Democrat Print, Lebanon, Tenn. ^^tv / c- cr 00 -o Ci trt o o 3 C OO > ^C n Q w 'So- o O 'CO ^ o o - c o 5 «< <<; ^ ^ (n vj (D (T) (t> (^ P O p p p p ■-» p cj' cr cr S S S xh ih xfi CL d, ci. p p p «<! v; v; sr :r- D- CJ- ui xn XT. m ;^ CL &, a. p p p p v^ v; V-: «< MH 03 (T> p p ^ ^ hr^ h!^ ^ ^ 'tJ - 5 :? OT p ^ :^ m o & < P 05 >>>>>>>> >>: ciciciCSSciS C C • K on? crq crq CfQ c;q M CfQ CfP CIQ • i=:i=:i=:c:s=:c2;= ci C • inminuixfixjiwin M 03 • ^ *^ ^ 2 M p 3 p' K p W ^V3 ^V- ^^ "^ H ^. H ^. H -.- H ;= ti c; ti c: C2 ?: (t ^ 05 ^ (C ^ 05 P ^ P ^ P <; P p 3 p 3 p 3 p= ?; cr ^ cr ;5 cr P? 05 0> (D fD fD 05 (D ►^ -. H^ -: -s ". -i o • o • o (D(D050)0/fBO05 mxsixsi 05 0) 05 n. n. (-. -2 t-J ..> ..•>- ..V ..-. .;• ..- 1158 1154 1154 CO Ul O! O) a H m 3 z m ::d n > r ^♦^ o m 13 r jy m 2 H 3 z -^ (/) 257188 2 ELECTIONS. REGISTRATION, In all the counties of 50,000 inhabitants or over and in all civil districts of 2,500 inhabitants or over, *also in all wards or civil districts in which there is a town of 750 inhabitants or over in counties containing 15,000 inhabitants and upwards, registra- tion is a prerequisite to voting ; Provided, that the last published census shall control in every case.— ^ic. Ses. 1890, Ch. 25; Acts 1891, Ch. 224 ; Ex. Ses. 1891, Ch. 12. Only one general registration shall be held every two years in order to entitle voters to vote, except upon a change of resi- dence. In civil districts of under 5,000 inhabitants, situated in counties not wholly subject to the registration laws, such general registration shall occur every four years.— Ex. Ses. 1895, Ch. 3. The Commissioners of Registration shall appoint for each ward or civil district two registrars of voters, who shall be resi- dents of the wards or civil districts for wnich they are appointed, not more than one of whom shall be of the .-^ame political party.— Code, Sec. 1192. Before entering upon their duties the registrars shall take and subscribe to the following oath: "I do solemnly swear (or affirm) that I will faithfully and impartially keep the register of voters in my district (or ward) ; that I will not knowingly register or allow to be registered any person not a legally quali- fied voter, and that I will not knowingly prevent any person from registering who is a legally qualified voter, so help me God."— Code, Sec. 1214. The registrars shall open books for the registration of voters in their respective wards and districts on the second Monday in August, 1895, and every two years thereafter. Said books shall remain open from 8 a. m. to 9 p. m. for ten days, Sundays excluded. They shall issue certificates to all qualified voters applying therefor within said ten days.— Coc^e, Sees. 1195-1197. The registration books shall be open for three successive days at least twenty days prior to every election for the purpose of registering those who have not previously registered or who shall have changed their residence since the last general registration.— Acts Ex. Ses. 1895, Ch. 3. *Note.— Ch. 147, Acts 1901, declared unconstitutional by Supreme Court. ELECTIONS. 3 If the registrars disagree as to the right of an applicant to be registered as a voter, they shall register his name, and after issuing the certificate of registration shall write across the face of the same the words, "The registrars disagree," whereupon the applicant may take such certificate to the Commissioners of Registration, who shall determine the question of disagree- ment and endorse on the certificate the words, "Approved" or "Disapproved," and the holder of such certificate shall not be entitled to vote unless the word "Approved" is endorsed on the certificate and signed by the majority of the Board of Commis- sioners.— Code, Sec. 1212. At the close of each day's registration the registrars shall draw a heavy black line in ink immediately under the last name registered on that day, entirely across the page of the registration book, to indicate the completion of that day's registration.— Code, Sec. 1209. AVhen the books of registration are completed they shall be turned over by the registrars to the Commissioners of Registra/- tion for their county for safe keeping, and said commissioners shall thereafter be held responsible for the soine.— Code, Sec. 1207. SPECIAL ELECTIONS. Special elections are held (1) to fill vacancies in the ofiice of Senator or Representative in the General Assembly or of Repre- sentative in Congress, or (2) where a vacancy in any office is required to be filled by election at a time other than the time fixed for the general election, or (3) in such other cases as are or may be provided by law.— CocZe, Sec. 1160. (a) The Governor shall give notice by proclamation of vacan- cies in the offices of Representative in Congress, members of Assembly, judges, district attorneys general, and also shall issue writs of election to the officers charged by law to hold the election in the county where the vacancy is to be filled. Upon receipt of which writ or notice of proclamation such officer shall give notice of the time, place, and object of such election by publication in some newspaper in the eounty.— Code, Sees. 1162-1165. (6) All other special elections shall be opened and held up«tt notice by the Commissioners of Registration. 4 ELECTIONS. (Note.— Special elections for judges, district attorneys gen- eral, clerks, registers, and tax assessors, shall occur only at the general biennial August oieoXicm..— Constitution, Art. 2, Sees. 2-5; Code, Sees. 1157, 763; Note to Code, Sec. 558.) (c) Va<iancies in the offices of justice of the peace and con- stable shall be filled by special election to be held for the purpose on at least twenty-three days' notiee.— Acts 1895, Ch. 3, Ex. Ses.; Code, Sees. 431, 492. Should a vacancy occur in the offices of Sheriff, Trustee, County Court Clerk and Register, it shall be filled by the County Court until the general biennial August election; vacancies in the offices of Circuit and Criminal Court Clerks are filled by appointment of the Judges of the respective Courts until the next general biennial August election.— ^r^. 7, Sec. 2, Const. RIGHTS OF ELECTORS. PERSONS ENTITLED TO VOTE. Every male citizen of the age of twenty-one years being a citizen of the United States and a resident of this State for twelve months, and of the coiinty wherein he may offer to vote for six months next preceding the day of election, shall be entitled to vote.— Coc^e, Sec. 1167. All persons shall vote in the civil district or ward in which they reside, except as follows: ' ^ 1. Judges, jurors, litigants, and witnesses attending court may vote in any ward or district in which court is held. 2. Sheriffs or other officers holding elections may vote in any ward or district in which they may hold an election. 3. Candidates for county and State offices or for Congress may vote in any ward or district of their county in which they may be on election day. 4. If from any cause, there should be a failure to hold an election in any civil district or ward, the voters thereof may vote in any other district or ward in their county or town. — Code, Sees. 1168, 1169. PLACE OF VOTING. If any person go out of his county for a definite purpose, not intending to change his home, and return on or before the day of election, he shall be entitled to vote; and when a person ELECTIONS. 5 has a fixed residence in a county, the same shall continue to be his residence until he change the same to some other county or State. -CofZe, Sec. 1171. (Note.— Such voter must be reg-istered as required by the registration laws.) ELECTORS^ PRIVILEGES. Electors shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest or summons during their attendance at elections, and* in going to and returning from them.— Cod€, Sec. 1172. ELECTION PRECINCTS. The place of holding elections shall be in each civil district at some convenient locality, to be designated by the County Court at least six months before the election, and entered of record.— OocZe, Sec. 1175. The sheriffs of the different counties in this State shall open and hold the elections provided for, according to the rules, regulations, and restrictions required by law, and if there bo no sheriff, or if he be a candidate, the coroner shall hold the elections; or if there be no coroner, or if he be incompetent, then the election shall be held by some person appointed by the County Court, and said officer or person shall appoint a sufficient number of deputies to hold said elections.— CocZe, Sees. 1157-1178. (Note.— The Commissioners of Registration and Election Commissioners now perform the duties formerly imposed upon the sheriff, coroner, and other officers of opening and holding elections, returning the results, and issuing certificates of elec- tion.— Acf 5 1897, O/i. 16.) The Commissioners of Registration appoint all the officers of elections, and the judges or inspectors and clerks of election. — Acts 1897, Ch. 16. In case of failure at a particular voting place to appoint officers, any justice of the peace present, or, if none be present, any three freeholders may perform the duties of holding the election, or, in case of necessity, may act as officers or inspectors. Code, Sec. 1184. OATHS OF JUDGES. The officer or person holding any election, or some justice 6 ELECTIONS. of the peace, before the opening of the polls, shall administer to the judges appointed to hold the election the following oath : ''You do solemnly swear that as judge of this election you will suffer no one to vote whom you know of your own knowledge or who appears, either by his own oath or by the testimony of others, not to be a qualified voter; that you will not suffer the ballot box to be out of the presence or sight of at least two of your number until every vote is counted out ; that you will faith- fully and impartially conduct yourselves as judges of this elec- tion, and that you will in all respects perform the duties imposed upon you by law as judges and inspectOTS of this election."— Code, Sec. 1885. OATH OF CLERK OF ELECTION. The clerks of the different elections shall take the following oath : "You do solemnly swear that you will faithfully, truly, and impartially discharge your duty as clerk of this election. ' ' Which oath shall be administered by the officer of election, or the justice of the peace, or by one of the judges themselves. — Code, Sec. 1186. COMPENSATION FOR HOLDING ELECTIONS. The Commis'sioners of Registration, after the election returns are deposited with them, shall deliver to the Chairman of the County Court a complete list of the judges, clerks, and officers of election, to each of whom said Chairman shall issue a warrant for one dollar.— CocZe, Sees. 1187, 1188; Acts 1897, Ch. 16. REQUIREMENTS AS TO BALLOTS. The ballots printed for use at the public expense shall con- tain the names of all the candidates who have been put in nomination by any caucus, convention, mass meeting, or other assembly of any political party of this State at least ten days previous to the day of election. It shall be the duty of the Chair- man of the Board of Commissioners to have printed all necessary ballots for use under the provisions of this article, and he shall cause to be printed upon said ballots the names of candidates so nominated, upon the written request of any one of the candidates so nominated, or upon the written request of any qualified voter, ELECTIONS. 7 who will affirm that he was a member of said caucus, and the name presented by him was the nominee of said caucus, conven- tion or mass meeting, or other assembly, of any such political party.-Coc^e, Sec. 1233. The Commissioners of Election shall, in addition to the ballots, prepare separate cards, to be called ''Cards of Instructions," for the guidance of voters at such elections, and they shall fur- nish the same and the ballots for use in every election.— (7o(ie, Sec. 1241. The said officers shall cause to be printed upon said ballots the name of any qualified voter who has been requested to become a candidate for any office by a written petition signed by at least fifteen citizens qualified to vote in. the election to fill said office, when such petition has been given in at least ten days previous to the election.— Ocxie, Sec. 1234. If any qualified citizen has been nominated, as above specified, within less than ten days of the election, or has been requested to be a candidate, as above specified, then said names shall not be printed upon said tickets, but in addition to the names printed upon said tickets there shall , be at least one blank space under each office to be voted for, and the candidate nominated or who desire's to run of his own volition, may have a separate ticket printed, upon which the title of the office for which he is a candi- date and his own name and address shall be printed; and said candidate may give these to the officer or officers distributing ballots upon the day of election, and said officers shall give to each voter, in addition to the printed ticket as hereinafter specified a copy of said ticket. The voter receiving said ticket shall not vote it, but may consult it to enable him to write upon the ticket printed at public expense the name of such candidate, should he so desire, and designate the same by a mark as herein- before prescribed.— Coc^e, Sec. 1235. After the proper officer has been notified of the nomination of any candidate for any office he 'shall not withdraw the same unless upon the written request of the candidate so nominated, made at least ten days before the election.— Coc^e, Sec. 1237. 8 ' ELECTIOSS. PROCEEDINGS AT THE POLLS. VOTING. On the day of any election held, where registration is required, the registrars for each district or voting precinct shall appear at the place where said election is being held, with the books containing the names of all registered voters, together wnth a copy of the same, and shall occupy a place inside the polling precincts, and as each voter therein registered shall vote, said registrars shall check off or mark said voter ; and said registrars shall make a copy of said voters checked off and return the same tothe officer holding the election, who shall file the same with the election returns. But a failure of the registrars to attend and check the voters shall not render an an election void.— Coc^e, Sec. 1217. The registrars shall have charge of the official ballots and the cards of instruction to voters issued by the Commissioners of Election, on the day of election, and shall distribute them to each voter as he presents himself to cast his ballot. He shall stand not closer than ten feet to the entrance of the room in which the ballot box is placed. There shall be appointed by the Commissioners of Registration for every polling place one assist- ant registrar, who shall serve for the day of election only and without compensation.— Code, Sees. 1242, 1244, 1246. Upon receipt of his ballot the voter shall present to the assist- ant registrar his blank ballot and certificate of registration, who shall number the ballot upon the stub thereof and also place upon the certificate of registration the same number.— Coc?e, Sec. 1247. Upon receiving the ballot from the registrar the voter shall thereupon proceed to place a cross mark X opposite the name of the candidate of his choice for each office to be filled, or by filling in the name of the candidate of his choice in the blank space provided therefor, and marking a cross mark X opposite thereto. No voter shall be allowed to occupy a voting booth longer than ten minutes, if other voters are not waiting, or longer than five minutes in the event other voters are waiting.— CocZe, Sees. 1248, 1251. If any voter spoils his ballot he may successively obtain ELECTWyS. 9 others, one at a time, not exceeding three in all, upon returning each spoiled one.— Code, Sec. 1253. If the voter marks more names than there are persons to be elected to an office, or if for any reason it is impossible to determine the voter's choice for any office to be filled, his ballot shall not be counted for such office. But this shall not vitiate the ^ballot so far as properly marked. No ballot without the official endorsement of the Chairman of the Board of CommivS- sioners shall be deposited.— Coc^e, Sec. 1255. If there be two tickets rolled up together, or if any ticket con- tain the names of more persons than the elector has a right to vote for, in either of these cases such tickets shall not be numbered in taking the ballots, but shall be adjudged Yo\d.— Code, Sec. 1280. (Note. — The judges in their certificate should state that such ticket was adjudged void.) Each qualified voter, after preparing his ballot according to law, shall give it to the returning officer in presence of the judges, to be put into the ballot box. The returning officer shall not open or examine the ballot before putting it into the box. — Code, Sees. 1264-1268. OATH AND QUALIFICATIONS OF VOTERS. If a voter's right to vote is questioned, the judges, or one of them, or the officer holding the election, under the direction of a majority of the judges, may administer the following oath : "You do solemnly swear that you will true answers make to such questions as may be asked you touching your qualifica- tions or right to vote in the present election. So help you God." — Code, Sec. 1270. The judges or some of them, 'shall then ask the person offering to vote the following questions? Are you a citizen of the State of Tennessee? Are you twenty-one years of age ? Do you reside in this county? Has your home been in this county six months next before this day (the day of holding election) ? Have you voted at any other time or place in this election? And any other questions the judges may think material to ascertain the qualifications of the person offering to vote. And if they, or any one of them, have reason to suspect that the person 10 ELECTIONS. offering" to vote 'has sworn falsely, they or the officer, or some justice of the peace under their direction, may swear any by- stander as to the right or qualification of such person to vote. — Code, Sec. 1271. The said questions having been asked and answered and the testimony of the bystanders taken if desired, if the judges, or a majority of them, are satisfied that the person offering to yote is a citizen of this State, that he is twenty-one years of age, that he has had his home in the county in which he offers to vote six months next preceding, that he has not voted before at the same election, and that he is otherwise qualified, the judges shall thereupon receive his \o\Q.—Code, Sec. 1273. The judges must also be satisfied that the voter is a resident of the civil district or ward in which he offers to vote, as to which matters they may examine him on oath.— Code, Sees. 1168, 1273. If a foreigner offering to vote is objected to, he shall produce a certified copy of the record of his naturalization if it be in his possession, showing that he has been declared by a competent court a citizen of the United States. If the record be not in his possession the judges may satisfy themselves from his examina- tion or other oral testimony that he has been naturalized. The judges may likewise examine him on oath if his record of naturali- zation is objected to as not authentic— Code, Sees. 1274-1276. Any person qualified to vote under existing laws at the date ■of his application, or who may become qualified by reason of his arriving at the age of twenty-one years by the date of the elec- tion for which the registration is had, or who will be qualified by reason of having resided in the State for twelve months and county six months by the date of said election shall be entitled to be registered as a voter.— ^c/5 1890, Ch. 25. As an additional qualification every person in this State who is otherwise a qualified voter shall, as a condition precedent to the exercise of voting, furnish to the judges satisfactory evi- dence that he has paid his poll tax, if any assessed against him, for the year next preceding the election, without which his vote shall not he receiyed.- Code, Sees. 1220-1225. A person arriving at the age of twenty-one years after the "'0+h day of January on the year next preceding the election is ?" t roquired to have paid his poll tax in order to vote in such ELECTIONS. 11 election. A person who reaches fifty years of age before the 10th day of January of the year next preceding the election is not required to furnish satisfactory evidence of the payment of poll tax for that year in order to vote at such elections ; other- wise he must do so. Satisfactory evidence that a voter has paid his poll tax shall consist of the original poll tax receipt or a duly certified duplicate and copy of the same, properly certified by the Trustee, or an affidavit that he has paid his poll tax and that the receipt for the same is lost or misplaced, which affidavit shall be filed with the judges of election, or his name shall appear upon the certified list of voters furnished by the Trustee, as provided in Chapter 402, Acts 1899.-^c^5 1891, Cli. 222; Acts 1899, Ch. 402. A voter making affidavit as to the loss of his poll tax receipt shall subscribe to the following oath : State of Tennessee, County, I, , of precinct (or ward) No. , in said county of , State aforesaid, do solemnly swear (or affirm) that I paid my poll tax on or about the day of , 190—, to one , the County Trustee of county, for the year — and took his receipt therefor, and that the same has been unintentionally lost or mislaid. (Signed) Code, Sec. 1222. LIST OF VOTERS. "When the officer receives the ballot he shall call the name of the voter in a distinct voice, and the clerks of the election shall take down on separate lists or books the name of every person voting, and shall attest the correctness of them under their hands. LIST OF VOTERS WHO HAVE PAID THEIR POLL TAXES TO BE FUR- NISHED BY TRUSTEE. Thirty days before any general election the Trustee shall furnish to the Chairman of the Board of Election Commissioners a certified list of the voters in each voting precinct of the county who have paid their poll tax. This list shall be furnished by the Chairman of the Election Commissioners to the judges hold- ing the election on or before the opening of the polls on election 12 ELECTIONS. day, and by them returned to the said Chairman, who shall deliver same, together with the poll sheets of the respective dis- tricts, to the County Court Clerk, which shall be preserved by said clerk for two years.— Acfs 1899, Ch. 402. COUNTING THE VOTES. The officer and judges appointed to hold an election shall not proceed to or commence counting the votes given in an election until the polls shall have been closed.— Cocie, Sec. 1278. AVlien the election is finished the returning officer and judges, in the presence of such of the electors as may choose to attend, shall open the box and read aloud the names of the persons which shall appear on each ballot, and the clerks at the same time- shall number the ballots, each clerk separately.— CocZe^ Sec. 1279. POLICE. The inspectors have authority to maintain regularity and order in the balloting, to keep access to the polls free and unobstructed, to prevent all disorderly and riotous conduct dur- ing the election and during the counting of the votes after the polls are closed, and for this purpose they are invested with all the powers of a peace officer.— CofZe, Sec. 1281. HOURS. In all State and county elections the polls shall be opened at 9 a. m. and closed at 4 p. m. — Code, Sec. 1282. DUTIES OF OFFICERS HOI^DIXG THE ELECTION. The officers in each county whose duty it is to hold the elec- tion and appoint polling places therein as herein provided for, shall cause the same to be suitably provided with a sufficient number of voting shelves or tables at or on which voters may conveniently mark their ballots. The number of such voting shelves, tables or compartments shall not be less than three for every one hundred voters qualified' to vote at such polling places. No persons other than the election officers and voters admitted as hereinafter provided shall be permitted within said rail or room where the election is held, except by authority of the officer holding the election for the purpose of keeping order and enforc- ing the law. Each voting shelf or compartment shall be kept ELECTIONS. 13 provided with the proper supplies and conveniences for marking the ballots.— Code, Sec. 1245. No person shall be allowed in the room in which said ballot box and compartments are except the officers of election and those appointed by the officer holding the election, and none i'lhers, to secui^e the observance of the provisions of this article. In the case of cities having duly enrolled policemen or police officers, the city authorities may designate the officers to keep the peace at the polls on the outside of the room in which is the ballot box, and not closer than ten feet to the entrance or outer rail-guard, if there be such, leading to said room. But in no €vent shall said policemen or peace officers come nearer to said entrance than ten feet or enter the room in which is the ballot box, unless specifically requested to do so by the sheriff or deputy sheriff holding the election; and at any time w^hen requested to do so by said officer holding the election, the said policeman or policemen shall retire from the room in which i's the ballot box, and to a point not n( nre?* iViSii ten feet to the aforesaid eniraiic-^ or rail guard.— CotZe, Sec. 1252. THE POLL BOOKS. It shall be the duty of the officer holding the election to or lists of th enanies of voters, kept by the respective clerks; and 'said judges, or a majority of them, shall certify that the same do contain a true list of the voters at the respective places of holding elections, which certificates shall be attested by the clerk and officer, or person holding the election.— Code, Sec. 1287. box, unlese 'specally requested to do so by the sheriff' or deputy. It shall be unlawful for any person or persons, except the officers holding the election, to approach nearer to any voter or to any ballot box than thirty feet, w^hen the said voter is in the act of casting his ballot or offering or proposing to exerci'se the elective frajichise. The judges and officers of any and all legal elections are hereby authorized and empowered to construct a railing or double gangw^ay through which voters may approach the ballot box and retire therefrom; Provided, that this shall onl yapply to counties o fthirty thousand inhabit- ants or over, under the Federal Census of 1900, or any subsequent Federal Census.— Acts 1901, Ch. 142. Any voter who declares to the officer holding the election 14 ELECTIONS. that by reason of blindness or other physical disability he is unable to mark his ballot, shall, upon request, receive the assist- ance of the officer holding the election in the marking thereof, and such officer shall certify on the outside that it was so marked with his assistance, and shall give no information in regard to the same.— Code, Sec. 1254. JUDGES AND ATTORNEYS GENERAL AND REPRESENTATIVES IN CONGRESS. Within five days of an election the said Commissioners shall make out triplicate returns of the number of votes received by each candidate for Judge and Attorney for the State and Repre- sentatives in Congress, and forward one copy by mail to the Secretary of State, another copy by a different mail to the Gov- ernor, and deposit the third copy in the office of the County Court Clerk.- Ood^e, Sees. 1152, 1299; Acts 1897, Cli. 16. governor's ELECTION. The Commissioners of Registration and Election Commission- ers of the several counties shall make out triplicate returns of the votes cast in each county for Governor, one copy to be directed to the Speaker of the Senate and transmitted by mail, one copy, similarly directed, to be delivered to the Senator or Representative of his district, the third to be deposited in the office of the County Court Clerk.— CocZe, Sec. 1303; Acts 1897, Ch. 16. GENERAL ASSEMBLY— ELECTION OF. In counties which singly elect one or more Representatives, the poll shall be compared at the court house in each county; and in all Senatorial and Representative districts it shall be the duty of the Commissioners of Registration in each county, within ten days after said election, to certify and forward to the Secre- tary of State one copy, or set, of the poll hook^.— Code, Sec. 1284; Acts 1897, Ch. 16. CERTIFICATE OF ELECTION. The certificate of election in Senatorial or Floterial districts is issued by the Governor ; in counties singly electing a Represen- tative it is issued to the person receiving the highest vote by the Commissioners of Registration, who shall make out and transmit immediately to the Secretary of State a statement of the vote.— Code, Sees. 1280-1298 ; Acts 1897, Ch. 16. ELECTIONS. 15 RETURNS — WHEN MADE. In all cases when the persons, elected by a single county or fraction of a county, are commissioned by the GoTcrnor the Commissioners of Registration of such county shall make return of such election to the Secretary of State by mail, to be deposited in the postoffice within three days after comparing the polls. In all other cases of persons elected by the vote of a single county or district thereof, the said Commissioners shall make return of the election to the tribunal before whom the officer is required to qualify.— Co(ie, Sees. 1295-1297. RETURNS — HOW MADE. Returns of election shall be sealed up and directed to the officer to whom the return is to be made, and when required to be sent, by mail shall be deposited in the postoffice and the receipt of the postmaster taken iheveior.—Code, Sec. 1306. ELECTORS FOR PRESIDENT AND VICE PRESIDENT. Commissioners of Registration shall advertise at the court house in every county, and in every civil district of the county, the day on which the election of electors shall take place, at least sixty days before the time of holding it— Code, Sec. 1353; Acts 1897, Ch. 16. The Commissioners of Registration aforesaid shall all meet at the court house of their county on the day immediately suc- ceeding said election, and compare the votes polled for electors. They shall make out triplicate statements of the number of votes received by each person voted for as elector, and regu- larly certify the same. They shall deposit one of said state- ments in the office of the Clerk of the County Court, taking his receipt therefor; another in the postoffice at the court house of the county, directed to the Governor and Secretary of State, and direct the other in the same way by the next mail, ai;id take the postmaster's receipt for the same; or said Commissioners may in person deliver said statement to the Governor and Secre- tary of State.— Code, Sees. 1358-1360; Acts 1897, Ch. 16. MEMBERS OP CONGRESS— RETURNS, HOW MADE. On the day succeeding an election for members of Congress, the Commissioners of. Registration and Election Commissioners in each county shall make out triplicate returns of the number 16 ELECTIOXS. of votes for each candidate, one of which they shall retain, and the other two shall be sent, in different mails, immediately thereafter, to the Governor. — Cof/f, Sec. 1371; Ads 1897, Ch. 16. SCHOOL DIRECTORS. The Commissioners of Registration and Election Commission- ers holding- an election for School Directors shall certify the result to the County Superintendent and to the County Court Clerk, and shall give notice of the same to the Directors elected. -Code, Sec. 1420. CASTING VOTE. In case of a tie vote between pei-sons having the highest num- ber of votes for an office filled by the vote of a single county, the Commissioners of Registration shall give the casting vote.— Code, Sec. 1292. In case of a tie vote in an election in a civil district the election is void, and the Coinmissioners of Registration shall advertise and hold a new election.— CofZc, Sec. 1293. EXTRAORDINARY ELECTIONS. MUNICIPALITIES. For method of holding election to establish a new municipality see Code Sees. 1881-1898. See also special form of municipal government provided by Acts 1901, CJi. 6-1. For methcd of electing officers of same, see Code, Sees. 1948- 1352. NEW BRIDGES. For regulations for holding an election to establish a new bridge, see Code, Sec. 1716. ROAD LVll'KOVEMENT. For regulations for holding an election to impi-ove county roads, ^ee Code, Sees. 1689-1691. NEW RAILROADS — COUNTY AND MUNICIPAL SUBSCRIPTION FOR STOCK IN. The election shall be advertised at least thirty days before- hand, by notices posted up at the different places of voting, specifying the time when it is to be held, for what road, the ELECTIONS. 17 amount of stock proposed to be taken, and when payable.— Code, Sees. 1543-1564. The Commissioners of Registration shall open and hold an election at every voting place established by law in such county, city, or town, and their certificate of the result of said election to the County Court, or other proper authorities of such city or town shall name in writing every legally established voting place at which an election was opened and held, and every one at which such election was not ]iQ\di.— Code, Sees. 1544-1565. If the election was not held at every voting place^ it shall be void, unless the officers holding the election, or deputy, was present at said precinct and was unable to hold the election for want of judges and clerks sufficient to hold \i. — Code, Sees. 1545- 1565. LEGALIZED PRIMARY ELECTION LAAV. A primary election is an election held within the State, county, city, district or sub-division thereof, as the case may be, by the members of any political party, or by the voters of some political faith for the purpo'se of nominating a candidate or candidates for office. Such primary elections shall be held and conducted in the same way as regular State elections, except as herein excepted. Whenever the committee or governing authori- ties of any political party desire to hold a primary election under the provisions of this law, they shall, at least thirty days prior to such primary election give public notice thereof by posting such notice at the court house door and at one or more public places in each ward or district in the county in which such election is to be held, or by publication in a newspaper, if there be one published in said district or county, once a week for at least two weeks prior to said primary. Such notice shall state the date of such proposed primary election, the hours; between which it will be held, the offices for which candidates are tc be nominated, and the places at which polls are to be opened for holding such election. All legal voters shall have the right to participate in such primary election, subject to such addi- tional qualifications as may be prescribed by the committee or governing authority. In all counties, districts, wards or precincts all legal electors or persons who will be legal electors at the 18 ELECTIONS. regular election at which the candidate is to be voted for, shall have the right to vote at any primary election held by any political party if they conform to the requirements prescribed by the committee or governing authority of the political party holding such primary, by applying at the polls at the precincts in Vv'hich they reside and making known the faet that they will conform to such conditions and qualifications as have been so prescribed. In case the officers of such primary election be in doubt as to the right of any person to vote, such person shall be sworn by the judges of election and examined as to such right. Any bystander may also challenge the right of any person to vote, and in all such cases such person so challenged shall be sworn and examined as hereinbefore set forth. The same number of officers shall hold a primary election under the provisions hereof as are required and designated by law to hold regular State elections, and their duties and responsibilities shall be pre- cisely the same as' the regularly qualified officers of State elec- tions. They shall be appointed by the regularly organized and constituted committee or governing authority of the political party holding such primary election and shall as a preliminary to the discharge of their duties take the same oath required to be taken by officers of regular State elections. The officers in each primary election, precinct, ward, or district shall be selected from lists furnished by the ward or district committee- men at least ten days before such primary election, and shall be as nearly equally divided as possible as to judges, clerks and officers among the various candidates. The officers of all primary elections held under the provisions hereof shall have the same power and privileges as officers of regular State elections, and shall be subject to the same restric- tions, limitations and conditions. Any act which would be an offense against the regular State election laws will <jonstitute an offense against the primary election laws, and shall be punished in the same manner as is prescribed by general law. Any person desiring to submit his name to the voters in a primary election shall, not later than fifteen days next preceding the holding of such primary election, apprise the committee or gov^mingt authority of the political party holding such primary of the fact that he is a candidate, and upon complying with the conditions prescribed by the committee or governing ELECTIONS. 19 authority for the regulation of candidates shall be declared to be a candidate by the committee or governing authority of such political party ; any person failing to give such notice to the proper authorities or who fails to comply with the conditions prescribed for the government of candidates shall not have his name printed on the ballots used in said primary elections; but any person desiring to vote for another than the persons whose names are printed on such ballots shall have the right to' do so by writing the name of the person for whom he desires to vote in the space on the ballot set apart for the names of the candidates for such office as he may desire such person so voted for to hold. The election returns in all primary elections shall be deposited with the committee or governing authority of' the political party under whose direction and control such primary election is held within the "same time as is provided by law in the case of State elections and in the same manner, and at such place as the committee or governing authority shall designate. Any person changing or in any wdse altering such election returns shall be subject to the same punishment as is prescribed for persons violating the regular State election laws. The constituted committee or governing authority of a politi- cal party holding such primary election is authorized to count the votes in such primary election and to declare the candidate receiving the highest number of votes the nominee of such political party for the office for which he was a candidate. In cases of a tie vote or contest the committee or governing authori- ty are empowered to hear and determine such contests and decide who shall be entitled to the nomination. In case there are more than two candidates seeking the nomination in such pri- mary and no one candidate receives a majority of the vote cast at said primary election, then the committee or governing author- ity of the political party holding the election can, if it sees fit, order for the two candidates receiving the highest number of votes a run off to determine the party candidate, for the said office ; Provided, however, if this section of the law is to be taken advantage of it must be made known when the primary •election is called. The proper proceedings in such cases shall be determined by the committee or governing authority. Before entering upon the discharge of their duty as set forth in this Act, the committee or governing authority shall be sworn by 20 ELECTIONS. some officer authorized by law to administer an oath to faithfully and honestly discharge the duties herein imposed, and the failure on the part of any member of the committee or governing authori- ty to so discharge their duty shall be deemed a misdemeanor, punishable upon indictment and conviction in the Circuit or Criminal Court in the county or district by a fine of not less than one hundred dollars nor more than five hundred dollars and imprisonment in the county jail not less than sixty days nor more than one year. All expenses for holding such primary election shall be borne by the political party conducting the same. The ballots used in such primary election shall be printed by order of the committee or governing authority having direction and control of such primarief under the same restrictions and limitations as is provided by general law for the printing of ballots used in regular State elections. This Act shall apply to all primary elections held for the purpo'se of nominating candidates for State, county, district, or municipal offices hereafter held in this State. Each of the candidates voted for at any election held under the provisions of this Act shall be entitled to an inspector of count, and for that purpose may appoint in writing such inspector to be present and witness the casting and count of the ballots in said election, and said inspector shall have free access to the polling places during the progress of said election ; Provided, if there be more than five and less than ten candidates, any two of said candidates shall jointly appoint one inspector, and for all over twenty, then any five of said candidates shall jointly appoint said inspector. It shall be the duty of the judges on the close of the polls to admit to the count of the vote as inspector any person as herein provided. Any person presenting to the judges of said election an appointment in writing of any candidate or candidates at the close of the polls as aforesaid, shall be permitted to be present to witness the count of the ballots, and any officer of election who shall prevent such authorized inspector from being present at the count of the ballot shall be guilty of a misdemeanor, punishable by a fine of not less than one hundred nor more than five hundred dollars. The constituted authority of the political party holding such election shall designate in the public notice required to be given ELECTIONS. 21 of said election the hours between which such election shall be held; Provided, no election shall be held before the hour of 7 a. m., and not later than 9 p. m. A poll tax receipt is not a necessary prerequisite to entitle a citizen to vote in such primary election. The provisions of the general law requiring saloons to be closed during the day of election shall only apply during the hours of said primary election. — Acts 1901, Cli. 39. AMENDMENT OF 1901 PRIMARY ELECTION LAW. Senate Bill No. 470. A BILL to be entitled an Act to amend an Act entitled, "An Act to legalize and regulate primary elections," passed April 11, 1901, and approved April 17, 1901, being Chapter 39 of the Acts of 1901. • Section 1. Be it enacted hy the General Assembly of the State of Tennessee, That said Act be amended by striking out Section 11 of said Act and inserting in lieu thereof the following : That all expenses for holding such primary election shall be borne by the political * party holding same, and the cost of publishing and circulating notices of elections, and all other expenses, including all expenses incurred by reason of any sup- plemental registration that may be ordered, shall be defrayed in such manner as may be provided by the committee, or govern- ing authority of the political party holding such primaries. The ballots used in such primary election shall be printed by order of the committee or governing authority having direction and control of such primaries, under the same restrictions and limita- tions as is provided by general law for the printing of ballots used in regular State elections.— (7/i. 39, Acts 1903. ACT CREATING STATE BOARD OF ELECTIONS. Section 1. Be it enacted hy the General Assembly of the State of Tennessee, That there shall be appointed by the Governor and confirmed by the Senate a Board of three persons, to be known as the ''State Board of Elections," which shall have and exercise all powers now conferred upon the Governor to appoint Commissioners of Elections and Registration. 22 ELECTIONS. Sec. 2. Be it further enacted, That not more than two of the three members of the State Board of Elections shall be of the same political party and that both the representatives of the majority and minority parties shall be bona fide members of the party they are appointed to represent, and any two mem- bers of said Board shall constitute a quorum for the transaction of business. Sec. 3. Be it further euacted, That the members of the first State Board of Elections 'shall be appointed as soon after the passage of this law as practicable, and on the first Monday in March every two years thereafter. Sec. 4. Be it further enacted, That the members of said State Board of Elections first appointed shall hold office until the first Monday in March, 1909, and thereafter the members of said State Board of Elections shall hold office for two years, and until their successors are appointed, and all vacanci'^s shall be filled as in the first instance, except vacancies occurring whi ; i the Legislature is not in session, when the appointment shall be made by the Governor to hold until the convening of the Leg- islature. Sec. 5. Be it further enacted, That the members of said State Board of Elections shall receive as compensation three hundred dollars ($300) per annum each, payable quarterly, and the members of said State Board of Elections shall take and sub- scribe to an oath before any State officer authorized to admin- ister oaths to discharge faithfully and honestly the duties of their office, which oaths so taken and subscribed shall be filed in the office of the Secretary of State, and it shall be the duty of the members of said State Board of Elections to qualify within ten days after their appointment and organize by the selection of one of their number as President and another of their number as Secretary; and the failure on the part of any member of said State Board of Elections to qualify as above provided shall in all cases vacate the appointment of such member. Sec. 6. Be it further enacted, That the said State Board of Elections shall be allowed the sum of two hundred and fifty dollars ($250) per annum for stationery, postage, and expenses incidental to the conducting of the business of said Board, which shall be payable upon voucher or vouchers signed by the Secre- tary and countersigned by the President of the State Board of Elections. ELECTIONS. 23 Sec. 7. Be it further enacted. That all meetings of said State Board of Elections shall be held at the State Capitol, in Nashville, in such room as may be provided for their use by the Superintendent of the Capitol, and that no meeting except for organization and an adjourned meeting for the appointment of Commissioners of Election shall be held except upon five days' written notice to each member of said State Board of Elections ; but meetings may be called at any time by the Presi- dent or by any two members; Provided, a requisite notice as hereinbefore required shall be given. Sec. 8. Be it further enacted, That said State Board of Elections shall select and appoint on the second Monday in May, 1907, or as soon thereafter as practicable, and on the second Mon- day in May every two years thereafter three Commissioners of Election for each county in the State; Provided, that not more than two of said Commis'sioners shall be of the same political party ; and. Provided, further, that the State Board ' of Elec- tions shall have the power to remove any Commissioner of Election for cause or failure to perform his duties; and said State Board of Elections shall likewise fill by appointment al] vacancies occurring in the County Board of Commissioners of Election. Sec. 9. Be it further enacted, That said State Board of Elections shall issue commissions of appointment to the various Commissioners of Election, which commissions shall be signed by the President and countersigned by the Secretary of said State Board of Elections, and a record be kept by said State Board of Elections of all commissions so issued, with the full names of said Commissioners of Election, their postoffice addresses, the name of the Chairmen and Secretaries of said Commissioners on each county, the dates of their appointment, and their politi- cal affiliation, and the records of all vacancies; and the oaths subscribed by said Commis'sioners of Election shall likewise be kept in the records of said State Board of Elections. Sec. 10. Be it further enacted, That said State Board of Elections shall cause to be compiled and kept among their records a complete list of all counties, towns, cities, and civil districts within the State which are now or may hereafter be under the State laws pertaining to the registration of voters, and of all counties, towns, cities, and civil districts where the uniform Australian ballot is now or may hereafter by law be in use in 24 ELECTIONS. the State, and also shall cause to be compiled a list of all counties towns, cities, and civil districts where the three-by-seven ballot is now or may hereafter be in use under the law. Sec. 11. Be it further enacted, That all laws or parts of laws in conflict herewith are hereby repealed. Sec. 12. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Ch. 435, Acts 1907. ACT CREATING COMMISSIONERS OF ELECTIONS. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That for and in each and every county in the State there shall be appointed by the State Board of Elec- tions a board of three persons, to be known as ' ' CoDimissioners of Elections." Sec. '2. Be it further enacted. That all the three Commis- sioners shall be qualified voters of the county for which they are appointed and men of approved character, and shall have been residents of the county for wiiich they are. appointed for at least five years before their appointment. Sec. 3. Be it further enacted. That not more than two of the three Commissioners constituting- the Board shall be of the same political party; Provided, however, that any two of said Commissioners shall constitute a quorum for the transaction of business. Sec. 4. Be it further enacted. That the said Commissioners of Elections shall be appointed on the second Monday in May, 1907, or as soon thereafter as practicable, and on the second Monday in May every two years thereafter. Sec. 5. Be it further enacted. That said Commissioners shall hold their office for a term'of two years, and, until their successors are appointed, and any vacancy shall b<j filled by the State Board of Elections by appointment. Sec. 6. Be it further enacted. That said Commissioners of Elections shall serve without compensation; Provided, however, that the County Court of each county shall have the right to appropriate out of the county revenue such amount, if any, as ii; deems said Commissioners of Elections are entitled to. Sec. 7. Be it further enacted. That before entering upon ELECTIONS. 25 the duties of their office said Commissioners of Elections shall take and subscribe to an oath before any officer authorized to administer oaths in the county for which said Commissioners are appointed to discharge faithfully and honestly the duties of their office; and it shall be the duty of said Commis'sioners of Elections to qualify within twenty days after their appointment and organize by the selection of one of their number as Chairman and one of their number of Secretary. Sec. 8. Be it further enacted, That a failure on the part of any Commissioner of Elections to qualify as above provided shall in all cases vacate the appointment of such Commissioner, -and that the oath of the Commissioner duly dated i^hall be filed with the Secretary of the State Board of Elections within twenty days after their qualification, together with a report of their organization, the names of the officers, and the names, postoffice addresses, etc., of Elections. Said Commissioners of Elections shall give prompt notice to said State Board of Elections of all vacancies. Sec. 9. Be it further enacted, That it shall be the duty of said Commissioners of Elections within sixty days prior to any election held within the county for which they are appointed, and at least ten days prior to any such election, to appoint and announce the appointment of three Judges, for each and every voting place in their county to superintend the election at the precinct or voting place for which said Judge shall be appointed ; Provided, however, that all three of the Judges shall not be of the same political party, if persons from different political parties are willing to serve, and they shall be appointed from the two political parties most numerously represented in such ward, district, or precinct. Sec. 10. Be it further enacted, That said Commissioners of Elections shall also within sixty days «and at least ten days prior to any election within the county for which they are appointed appoint and announce the appointment of two Clerks of election for each and every voting place in their county; Provided, that said Clerks shall be of different political parties. If compe- tent persons of different political parties are willing to serve, they shall be appointed from the two political parties most numerously represented in such ward, district, or precinct. Sec. 11. Be it further enacted, That the said Commissioners 26 ELECTIONS. of Elections within sixty days and at least ten days prior to any election within the county for which they are appointed shall appoint and announce the appointment of an officer of election for each voting place in such county. Sec. 12. Be it further enacted, That the Commissioners of Elections in appointing Judges and Clerks in all elections shall give bona fide representation to each of the two parties most numerously represented in the ward, district, or precinct for which they are appointed. Sec. 13. Be it further enacted. That the Judges, Clerks and officers of election shall be residents and citizens of the ward or district or precinct in which the voting place for which they are appointed is situated. Sec. 14. Be it further enacted, That whenever for any rea- son any Judge or Clerk or officer of election so appointed fails to attend promptly, and by reason of his absence at the hour of holding the election other persons shall be selected to fill such vacancies by a majority of the election officers duly appointed and attending, and the election officers so elected to fill vacancies shall be residents and citizens of the ward, district, or precinct for which they are appointed, and shall act only until the regu- larly appointed Judge or Clerk or officer of election in whose stead he was appointed appears and demands that he be permitted to serve, and the person so elected to fill the vacancy shall cease to act; and. Provided, that any such person so elected to fill a vacancy shall be of the same political party as the person in whose stead he is selected to serve. Sec. 15. Be it further enacted. That it shall be the duty of the officer holding the election to deliver the polls or returns of the electic-n sealed as received, together with the ballots cast in said election, to the said Commissioners of Elections not later than 12 o'clock noon on the first Monday after the election. Sec. 16. Be it further enacted. That on the first Monday after the election it shall be the duty of the Commissioners of Elections to file the said polls and returns at the court house and to certify in writing, signed by at least two of them, the result as shown by said polls or returns, and to deliver to each person elected a certificate of his election. Sec. 17. Be it further enacted, That the said Commissioners of Elections shall cause a true copy of all the poll books or ELECTIONS. 27 poll lists used at ot in any election to be made out, and, when completed, they shall file the same with the Clerk of the County Court, to be preserved by him as records for a period of four years, and the original poll books or poll lists used at or in any election shall be safely, and securely kept by the Commissioners of Elections, and without alteration shall be sealed and for- warded to the Secretary of State at Nashville, Tenn., within ten days after the election. Sec. 18. Be it further enacted, That said Commissioners of Elections shall employ a Clerk or copyist to make out the copy of said poll books or poll lists for the County Court Clerk, and said Clerk or copyist shall receive as compensation twenty cents for every hundred names on the poll list, which shall be paid as part of the expense of the election as Judges and Clerks of elections are now paid. Sec. 19. Be it further enacted, That in all and every of the counties of the State within the provisions of the registration laws of ll';^ State the Commissioners of Elections shall perform the duties of Commissioners of Registration. Sec. 20. Be it further enacted. That all laws or parts of laws in conflict herewith are hereby repealed. Sec. 21. Be it further enacted. That this Act take effect from and after its passage, the public welfare requiring it.— Gh. 436, Acts 1907. AN ACT CREATING ADDITIONAL REGISTRARS. Section 1. B eit enacted hy the General Assembly of the State of Tennessee, That Chapter 25, of the Acts of the extra session of the General Assembly of the State of Tennessee for the year 1890, being an Act approved March 13, 1890, and entitled ' ' An Act to provide for the registration of voters in this State in counties having a population of seventy thousand inhabitants or over that number, computed by the Federal Census of 1880, or which may hereafter have that number or over , computed by any subsequent Federal Census, and to towns, cities, or civil districtes having a population of twenty-five thousand inhabitant's or over, computed by the Federal Census of 1880, or which may hereafter have that number or over that number by any Federal Census, '^ be, and the same is hereby, amended so the following words shall be added to and appear at the end of Section 3 of said original 28 ELECTIONS. Act— to-wit: Provic^ed, furthe7', that whenever two or more Civil Di'stricts have been consolidated into one Civil District or the parfs of one or more Civil Districts added to another Civil Dis- trict, or where a Civil District lies partly within and partly without an incorporated town, city, or taxing district, and such part thereof as is not divided into wards may be divided and designated into as many "registration and voting divisions" of Civil Districts by the Commissioners of Registration a smay be necessary for the convenience and accessibility of the voters of such Civil istricts for the registration and voting of such voters as re'side in said "registration and voting divisions" of Civil istricts, who shall be furnished books, stationery, register the voters residing in said registration and voting divisions of Civil Distrcts, and do all things provided by law to be done as regis- istrars. When the registration and voting divisions have been defined, they shall not be altered except upon a petition sifined by fifty days' notice published once a week for four weeks in some daily or weekly paper having a general circulation in the county and also posted at the court house door for thirty days, setting forth the proposed changes. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it.— Ch. 256, Acts 1905. AN ACT LEGALIZING AND REGULATING PRIMARY ELECTIONS. Section 1. Be it encted hy the General AsseniMy of the State of Tennessee, Thas Section 1, of Chapter 39, of the Acts of 1901, be, and the same is hereby, amended by adding to aforesaid section: and Ward Committeemen and District Committeemen; Provided, that one poll list shall be returned to County Court Clerk, the other to the Chairman of the Governing Committee. Sec. 2. Be it further enacted, That this Ac ttake effect from and after its passage, the public welfare requiring it.— Ch. 353, Acts 1905. Gov. M. R. Patterson appointed E. R. Richardson, of David- son, and N. G. Robertson, of Wilson, Democrats, and T. A. Raht, of Coffee, Republican, State Board of Elections, to 'serve until March, 1909, and said appointments were confirmed by Senate. ELECTIONS. 29 E. R. Richardson was elected Chairman and N. G. Robertson Secretary. TO PREVENT CORRUPTION IN ELECTIONS. Section 1. Be it enacted by the General Assemhly of the State of Tennessee, That it shall be unlawful for any person, either a candidate or any other person, directly or indirectly, by himself or through any other person. (a) To pay, loan, or contribute, or offer or promise to pay, loan, or contribute any money, property, or any other valuable consideration or thing to or for any voter, or to or for any other person to induce such voter or any voter to vote or refrain from voting in or at any political convention, mass meeting, or mass political convention, or assemblage, primary or party election or any kind or character held or sought to be held by the people or a part of them or any political party or organization whatever, or to induce any voter or voters to vote or refrain from voting at any such convention, mass meeting, mass convention, or assem- blage, or primary or party election for or against any particular person or persons, measure or measure's, or to induce any voter or other person to attend, leave, or remain away from any such convention, mass meeting, mass convention, or assemblage, or tbe polls at any such primary or party election, or on account of any voter having voted for or against or refrained from voting for or against any particular person or persons, measure or mea'sures, or having gone to, attended, or remained away from any such convention, mass meetings, mass conventions, or assemblages, primary or party election. (b) To give, offer, or promise any office, place, or employ- ment, or to promise or procure or endeavor or promise to endeavor or procure any office, place, or employment to or for any voter or to or for any other person in order to induce such or any voter to -vote or refrain from voting for any particular person or persons, measure or measures, at any such convention, mass meeting, assemblage, primary or party election,- or to attend, leave, or remain away from any such convention, mass meeting, mass con- vention, assemblage, primary or party election. (c) To advance or pay or cause to be paid any money or other valuable thing to or for the use of any person, with 30 ELECTIONS. the intent that the same or any part thereof shall be used unlawfully, at or concerning or in connection with any such convention, mass convention, mass meeting, assemblage, or pri- mary or party election, or to pay or to cause to be paid any money or other valuable thing in discharge or repayment of any money or valuable consideration wholly or in part expended, directly or indirectly, unlawfully, at, touching, or in connection with any such convention, mass meeting, mass convention, assem- blage, primary or party election. (d) To advance or pay or cause to be paid as expenses or otherwise to or for the use of any person any money or valuable thing to induce such person or any person to work for, solicit, or seek to influence votes or influences for or against any person or persons, measure or measures, at, concerning, or in connection with any such convention, mass meeting, mass convention, pri- mary or party election, or to induce such person or any person to work to procure, solicit, or influence any voter or voters to attend, leave, or remain away from any such convention, mass meeting, mass convention, assemblage, party or primary election, Or to pay or to cause to be paid any money or other valuable thing to or for the use and benefit of any person in discharge or payment of or for time, labor, expenses, or services alleged to have been spent, performed, incurred, or rendered for or against any person or persons at, touching, or in connection w^ith any such convention, mass meeting, mass convention, assem- blage, party or primary election. Provided, this shall not include the payment of expenses of any one for soliciting the attendance of any person or persons upon party conventions or party primaries. (e) For any officer of ^any convention, mass convention, mass meeting, primary election or party election or other person to willfully cast the vote of any person voting for some person or measure different from that person or measure sought to be voted for by the person voting, or to falsely cast such vote in any way or to insert a ballot for one person or measure in a ballot box when the person voting sought to vote for another person or measure, or to change, falsify, or tamper with the returns of any primary or party election. Sec. 2. Be it further enacted, That it shall be unlawful for any person, directly or indirectly, by himself or through any person : ' ELECTIONS. 31 (a) To receive, agree to receive, or contract for before or during any such convention, mass meeting, mass convention, party or primary election as set out in Section 1 of this Act any money, gift, loan or other valuable thing, office, place, or employment for himself or any other person for voting or agreeing to vote, for going or agreeing to go to, or for remaining or agreeing to remain away, or refraining or agreeing to refrain from voting or for voting or agreeing to vote, or refraining or agreeing to refrain from voting for any particular person or persons, measure or measures, at, concerning, or in connection with any such con- ' ontion, mass convention, mass meeting, assemblage, party or primary election. (b) To receive any money or other valuable thing, gift, loan, office, place, or employment for himself or any other person for voting or refraining from voting for or against any particu- lar person or persons, measure or measures, or on account of himself or any other person for going to or remaining away from, or on account of having, induced any person to vote or refrain from voting, or to vote or refrain from voting for or against any particular person or persons, measure or measures, at or in connection with any such convention, mass convention, mass meeting, assemblage, or primary or party election. Sec. 3. Be it further enacted, That a person offending against any of the provisions of Sections 1 and 2 of this Act shall be a competent witness against any other person violating any provisions of this Act, and may be compelled to attend and testify upon any trial, hearing, proceeding, or investigation in the same manner as any other person, but the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying, except for perjury in giving such testimony, and a person so testifying shall not there- after be liable to indictment, prosecution, or punishment for the offense with reference to which his testimony was given, and may plead or prove the giving of said testimony accordingly in bar of such an indictment or prosecution. Sec. 4. Be it further enacted, That any person convicted of the offenses mentioned in Section 1 of this Act shall be fined not less than one hundred dollars ($100) nor more than one thou- sand dollars ($1,000) and be imprisoned in the county jail not less than six nor more than twelve months, be disfranchised, and S2 ELECTIONS. rendered ineligible from holding any office under the laws of Tennessee, or in any county, municipality, division, or district therein. Sec. 5. Be it further enacted, That any person convicted of any of the offenses mentioned in Section 2 of this Act shall be fined not less than fifty ($50) nor more than one hundred dollars ($100) or be imprisoned in the ^ounty jail not more than six months, or both, at the discretion of the court. Sec. 6. Be it further enacted, That "all fines collected under the provisions of this Act shall be turned into the school fund. Sec. 7. Be it further enacted, That any corporation offend- ing against the provisions of this Act may be found guilty, and it and its officers through whom such offense was committed shall be fined and the officers imprisoned as other persons under the provisions hereof. Sec. 8. Be it further enacted, That no defect or irregularity in calling such convention, mass convention, mass meeiting, assemblage, party election or primary election, nor any irregulari- ty in the proceedings thereof shall be available as a defense under the provisions of this Act. Sec. 9. Be it further enacted. That nothing herein shall be construed to prevent a candidate or any public or political organization or any person or persons from employing and maintaining a proper clerical or office force so employed and maintained in good faith, nor to prevent public and political parties, associations, candidates, and organizations from dis- seminating literature and defraying the expenses of public speakers nor from announcing any candidacy in any newspaper. Sec. 10. Be it further enacted, That the Circuit and Crimi- nal Judges of Tennessee shall give this Act in charge to the grand juries in the various counties of this State, and the grand juries shall have inquisitorial power over all the offenses embraced in this Act; Provided, further, that nothing in this Act shall be construed to prohibit the sending of conveyances for voters who may be sick or otherwise physically unable to go to the polls. Sec. 11. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it.— C/z. 402, Acts 1907. ELECTIOSS. 33 ACT TO LEGALIZE PRIMARY ELECTIONS. Section 1. Be it enacted hy the General Assembly of the State of Tennessee, That all laws now in force and applicable to the holding of general elections in this State in counties having a population of 90,000 or over by the Federal census of 1890 shall hereafter apply and govern in all primary elections by political parties in counties having a population of not less than 110,000 and not more than 130,000 inhabitants by the Federal census of 1900 or which may hereafter have that number by any subse- quent Federal census, except as hereinafter provided; Provided, further, that saloons 'shall only be required to be closed during the hours in which said primary elections are being held. Sec. 2. Be it further enacted, That the officers for each election precinct, ward, or district in all primary elections held under the provisions hereof shall be the same niimber as is re- quired and designated by law to hold regular State elections, and their duties and responsibilities shall be precisely the same as those of legally appointed and regularly qualified officers of regu- lar State elections. They shall be appointed by the regularly organized and constituted committee or governing authority of the political party holding such primary election, and shall, before entering upon the discharge of their respective duties, take the same oath recjuired to be taken by officers of regular State elections. The officers in each primary election, precinct, ward, or district shall be selected from lists furnished by the ward or district committeemen at lea'st ten days before such primary election, and shall be as nearly equally divided as possi- ble as to judges, clerks, and officers among the various candidates. The officers of- all primary elections held under the provisions hereof shall have the same power and privileges as officers of regu- lar State elections, and shall be subject to the same restrictions, limitations, and conditions. Any act or deed denounced by general law as an offense in the case of officers of regular State elections is hereby declared to be an offense in the case of officers of such primary elections, and shall be punished in the same form and manner as is prescribed by general law. *Sec. 3. Be it further enacted, That the Executive Commit- tee of such political party shall provide a suitable ballot for each of such primary elections at leasit three days prior to such election, and shall distribute the same to judges of elections imme- 34 ELECTIONS. diately prior to the opening of the polls, and no other ballot shall be legal or shall be counted in such election. Sec. 4. Be it further enacted, That any person desiring to submit his name to the voters in a primary election shall not later than fifteen days next preceding the holding of such pri- mary election apprise the committee or governing authority of the political party holding such primary of the fact that he is a candidate, and upon complying with the condiitons prescribed by the committee or governing authority for the regulation of candidates, shall be declared to be a candidate by the committee or governing authority of such political party ; and any person who has not given such notice to the committee or governing authority or who has not complied 'with the conditions prescribed by the committee or governing authority for the government of candidates shall not have his name printed on the ballots used in such primary election; but any person desiring to vote for another than the persons whose names are printed on such ballots shall have the right to do so by writing the name of the person for whom he desires to vote in the space on the ballot set apart for the names of the candidates for. such office as he may desire such person so voted for to hold. Sec. 5. Be it further enacted, That within such time as is provided by law in the case of State electtions and in the same manner the election returns in all primary elections shall be deposited with the committee or governing authority of the political party under whose direction and control such primary election was held at such place as the committee or governing authority shall designate at which to receive such returns, and any person who shall change or in any wise alter such returns shall be punished in the same form and manner as is provided by general law for the punishment of any person who change's or in any wise alters the re^tums of a regular State election. Sec. 6. Be it further enacted. That in any county affected by the provisions of this Act the Election Commissionei*s of such counity, when notified by the Executive Committee of the party intending to hold a primary election on the date fixed for such election, shall cause a supplemental registration of three days to be held, closing at least twenty days before the said primary, and the supplemental regisitration shall in all respects accord with the provisions of the general election law governing supplemental registration; Provided, that no expense shall accrue to any ELECTIONS. 35 county or municipality by reason of the supplemental registration herein provided for. Sec. 7. Be it further enacted j That the regularly appointed Registrars under the general election laws shall serve in all primary elections; Provided, that only such regular Registrars who affiliate with the political party holding said primary elec- tion shall serve as Registrars in said primary election; and, Provided, further, that said Registrars shall appoint one addi- tional Registrar of the political party holding the primary elec- tion to serve with him in said primary election. Sec. 8. Be it further enacted. That the general election law which provides that any person desiring to vote shall have as a condition precedent thereto paid his poll tax shall not be appli- cable to primary elections held under this Act.- Sec. 9. Be it further enacted, That any judge, clerk, officer of such primary election or any voter or other person who would be deemed guilty of any offense against the general elec- tion laws in a general election who is found guilty of the same offense in any primary election as herein provided for shall be deemed guilty of a felony, and shall, on conviction, be punished by confinement in the penitentiary for not less than one nor more than three years. Sec. 10. Be it further enacted. That the duly authorized and constituted committee or governing authority in the county or district in which a primary election may be held hereunder is hereby empowered to count the votes received by all candidates in such primary elections, and to declare the candidate or candidates in cases where candidates for more than one office are to be nominated receiving the highest number of votes the nominee of such political party for the office for which he was voted for at such primary election. In all cases of a tie vote or contest the committee or governing authority of the political party holding such primary election shall have the power, and it shall be its duty, to hear and determine such contest and decide who shall be entitled to the nomination. In case there be more than two candidates for nomination to any office voted for in said primary, and no one candidate receives a majority of the votes cast at said primary election, then the committee or govern- ing authority of the political party holding such primary election can, if it 'sees fit, order for the two candidates receiving 36 ELECTIONS. the highest number of votes a run off to determine the party- candidate for said office; Provided, however, if this section of ithe law is to be taken advantage of, it must be made known w^hen the primary election is called. The proceedings in such cases shall be in such form and manner as the committee or governing authority shall determine upon. Before entering upon the dis- charge of the duties set forth in this Act the committee or governing authority shall be sworn by some officer authorized by law tq administer an oath to faithfully and honestly discharge the duties herein imposed, and the failure upon the part of an}' member of the committee or governing authority to discharge such duties faithfully and honestly shall be deemed a misdemean- or, and the persons so offending shall, upon indictment and con- viction in the Cirouit or Criminal Court of the county or district, be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) and be imprisoned in the county jail not less than sixty days nor more than one year. Sec. 11. Be it further enacted, That all expenses for holding such primary election shall be borne by the political party holding the same, and the cost of publishing and circulating notices of elections, and all other expenses shall be defrayed in such man- ner as may be provided by the committee or governing authority of the political party holding such primaries ; Provided, the only expense incurred shall be for advertising the election and the cost of printing tickets. The ballots used in such primary election shall be printed by order of the committee or governing authority having direction and control of such primaries under the same restricti6ns and limitations as is provided by general law for the printing of ballots used in regular State elections. Sec. 12. Be it further enacted, That each of the candidates votcrd for at any election hrld under the provisions of this Act shall be entitled to an inspector of count, and for that purpose may appoint in writing an inspector of count to be present and witness the casting and count the ballots in said election in each voting place in the district, ward, or county wherein said elec- tion is held, and said inspector shall have free access to the polling places during the progress of said election ; Provided, if there be more than five and less than ten candidates, any two of said candidates shall jointly appoint one inspector ; if there be more than ten candidates and less than twentj^, then any three of said candidates shall jointly appoint one inspector, and ELECTIONS. 37 for all over twenty, then any five of said candidates shall jointly appoint such inspector. It shall be the duty of the judges on the close of the polls to admit to the count of the vote as inspector any person as herein provided who submits to them an appoint- ment in writing from any candidate or candidates. Any person presenting to the judge of said election an appointment in writing from any candidate or candidates at the close of the polls as aforesaid shall be permitted to be present and witness the count of the ballots ,and any judge or officer of election who shall pre- vent such authorized inspector to be present at the count of the ballots shall be guilty of a misdemeanor, and shall, upon indict- ment and conviction in the Circuit or Criminal Court, be fined not less than $100 nor more than $500. Sec. 13. Be it further enacted, That the committee or gov- erning authority of the political party holding such election shall designate in the public notice required to be given of said election the hours between which said election shall be held, before the hour of 12 m., and not later than 8 :30 p. m., in the different wards and districts of counties affected by this Act. Sec. 14. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it— Ch. 422, Acts 1907. 38 ELECTIONS. POPULATION TENNESSEE COUNTIES, CENSUS 1900. And Kind of Ballots to be Used. Population. Anderson County— IZ Districts 17364 Districts Nos. 5 and 13 registration required and Australian ballot used. In all other districts 3x7 ballot. Bedford County— 2b districts 23845 District No. 7 Australian ballo tused and registra- tion required. In all other districts 3x7 ballots. Benton County— 1^ Districts 11888 3x7 ballot used in all districts. Bledsoe Count— 12 Districts 6626 Registration required and Australian ballot used, Chapter 544, Acts 1907. Blount County— 1^ Districts 19206 3x7 ballots used in all districts. Bladley County— 14: Districts 15759 . ^ Registration required and Australian ballot used in District No. 6, in all other district's 3x7 ballot used. Campbell County— 16 Districts 17317 Registration required and Australian ballot used in District No. 17, in all other districts 3x7 ballot used. Cannon County— lb Districts 12121 3x7 ballot used in all districts. Chapter 404 Acts 1907 (County divided into six districts.) Carroll County— 2b Districts •. 24250 ^ 3x7 ballot used in all districts. Carter County— 1^ Districts 16688 ^ 3x7 ballot used in all districts. Cheatham County— lb Districts 10112 3x7 ballot used in all districts. ELECTIONS. 3f Chester County— 13 Districts 9896 Registration required and Australian ballot used in District No. 6, in all other districts 3x7 ballot used. Claiborne County— 15 Districts 20696 Registration required and Australian ballot used in District No. 6, in all other districts 3x7 ballot used. Clay County— 12 Districts 8421 3x7 ballot used in all districts. Cocke County— 11 Districts 19153 ^ Australian ballot used in District No. 6, in all others 3x7 ballot. Coffee County— IQ Districts .• 15574 X Registration required and Australian ballot used in District No. 13, in all other districts 3x7 ballot used. Crockett County— 15 Districts 15867 "~^ 3x7 ballot used in all districts. CuTYiherland County— 12 Districts 8311 \ 3x7 ballot used in all districts. Davidson County— 25 Districts 122815 Registration required and Australian ballot used in all districts. Decatur County— 12 Districts 10439 ^ No registration and 3x7 ballot used in all districts. DeKalh County— 22 Districts 16460 District No. 9 Australian ballot used and registra- ^ tione required. In all other districts 3x7 ballot used. Dickson County— 14: Districts 18633 Registration required and Australian ballot used in ^ Districts Nos. 5 and 6, in all other districts 3x7 ballot used. Dyer County— IS Districts 23776 Registration required and Australian baljot used in Districts Nos. 4 and 6. In all other districts 3x7 ballot used. 40 - ELECTIONS. Fayette County— 15 Districts 29701 Registration required and Australian ballot used in District No. 4, in all other districts 3x7 ballot used. Fentress County— IS Districts • 6106 No registration and 3x7 ballot used in all districts. Franklin CoHniy—19 Districts 20392 Registration required and Australian ballot used in District No. 1, in all other districts 3x7 ballot used. Gibson County— 2o Districts 39408 Registration required and Australian ballot used in Districts 3, 7, S, 13 and 21. In all other distriet:s 3x7 ballot used. GUes County— 22 Districts 33035 Registration required and Australian ballot used in District No. 7. In all other districts 3x7 ballot . used. Grainger County— 14: Districts 15512 No registration and 3x7 ballot used in all districts. Greene County— 25 Districts 30596 Registration required and Australian ballot used in District No. 10 and 3x7 ballot used in all other districts. Grundy County— 13 Districts 8702 No registration and 3x7 ballot used in all districts. Hamblen County— 12 Districts 12728 No registration and 3x7 ballot used in all districts. Hamilton County—^ Districts 61695 Registration required and Australian ballot used in all districts. Hancock County— 17 Districts 11147 No registration and 3x7 ballot used in all districts. Hardeman Coimty— 20 Districts 22976 Registration required and Australian ballot used in Districts Nos. 4 and 6, and 3x7 ballot used in all cvther districts. ELECTIONS. 41 Hardin County —S Districts 19246 Eegistration required and Australian ballot used in Districts Nos. 7 and 9, and 3x7 ballot used in all Hawkins County— 20 Districts 24267 No registration and 3x7 ballot used in all districts. HoAjicood County— i2 Districts 25189 Registration required and Australian ballot used in 4, 5 and 8, and 3x7 ballot used in all other districts. Henderson County— 20 Districts 18117- No registration and 3x7 ballot in all districts. Henry County— 2b Districts .24208 Registration required and Australian ballot used in District No. 1, 3x7 ballot used in all other districts. Hickman County— lo Districts 16367 Australian ballot and registration in District No. 1, and 3x7 ballot in all other districts. Houston County —S Districts 6476 •No registration and 3x7 ballot in all districts. Humphreys County— lb Districts 13396 No registration and 3x7 ballot used in all districts. Jackson Caunty—15 Districts 15039 No registration and 3x7 ballot used in all districtsr James County— 10 Districts 5407 No registration and 3x7 ballot used in all districts. Jefferson County— 19 Districts 18590 No registration and 3x7 ballot used in all districts. Johnson County— 10 Districts 10589 No registration and 3x7 ballot used in all districts. Kfiox County— 24: Districts 74302 Registration required and Australian ballot used in all districts. Lake County —S Districts 7368 No registration and 3x7 ballot used in all districts. 42 ELECTIONS. Lauderdale County— IQ Districts , 21971 Australian ballot and registration in District No. 2, District No. 2, in all other districts 3x7 ballot used. Lawrence County— 1^ Districts 15402 No registration and 3x7 ballot used in all districts. Lewis County— 10 Districts 4455 No registration and 3x7 ballot used in all districts. Lincoln County— 2^ Districts 26304 Registration required and Australian ballot used in District No. 8, and 3x7 ballot used in all otter dis- tricts. Loudon County— 11 Districts 10838 No registration and 3x7 ballot used in all districts. McMinn County— IS District 19163 No registration and 3x7 ballot used in all districts. McNairy County— 19 Districts 17760 Registration required and Australian ballot used in District No. 6, and 3x7 ballot used in all other ^ districts. Maoon County— 12 Districts 12881 No registration and 3x7 ballot used in all districts. Madison County— IS Districts 36333 Registration required and Australian ballot used in District No. 15, and 3x7 ballot used in all other districts. Marion County— 1^ Districts. 17281 Registration required and Australian ballot used in District No'. 15 and 3x7 ballot used in all other districts. Marshall County— IS Districts 18763 Registration required and Australian ballot used in District No. 15 and 3x7 ballot used in all other districts. Maury Coi^w#2/-t 25 Districts 42703 ELECTIONS. 43 Registration required and Australian ballot used. Applies to entire county, Chapter 387, Acts 1905. Meigs County— 8 Districts 7491 No registration and 3x7 ballot used in all districts. Monroe County— 20 Districts 18585 Australian ballt and registration in District No. 1, 3x7 ballot used in all other districts. Montgomery County— 21 Districts 36017 Registration required and Australian ballot used in Districts. Nos. 1 and 12 and 3x7 ballot used in all other districts. Moore County— 11 Districts 5706 No registration and 3x7 ballot used in all districts. Morgan County— 12 Districts 9587 No registration and 3x7 ballot used in all districts. Ohion County— 16 Districts 28286 Registration required and Australian ballot used in Districts Nos. 6, 13 and 16, and 3x7 ballot used in all other districts. Overton Coimty—11 Districts 28286 No registration and 3x7 ballot used in all districts. Perry County— 11 Districts 8800 No registration and 3x7 ballot used in all districts. Pickett County— 10 Districts 5366 No registration and 3x7 ballot used in all districts. Polk County— 11 Districts 11357 No registration and 3x7 ballot used in all districts. Putnam County— 20 Districts 16890 Registration required and Australian ballot used in District No. 1 and 3x7 ballot used in all other districts. Rhea County— 15 Districts 14318 No registration and 3x7 ballot used in all districts. 44 ELECTIONS. Boam Caimty— IS Districts 22738 Registration required and Australian ballot used in Districts Nos. 13 and 16, and 3x7 ballot used in all other districts. Eohertson County— IS Districts 25Q29 Registration required and Australian ballot used in District No. 9, and 3x7 ballot used in all other districts. Rutherford County— 26 Districts 33543 Registration required and Australian ballot used in District No. 13, and 3x7 ballot used in all other districts. Scott County— 14: Districts 11077 No registration and 3x7 ballot used in all districts. Sequatchie County— S Districts 3326 No registration and 3x7 ballot used in all districts. Sevier County— 11 Districts 22021 Registration required and Australian ballot used in District No. 5, and 3x7 ballot used in all other districts. Shelby County— 19 Districts 153557 Registration required and Australian ballot used in all districts. Smith County— 22 Districts 19026 No registration and 3x7 ballot used in all districts. Stewart County— 12 Districts 15224 No registration and 3x7 ballot used in all districts. Sullivan County— 22 Districts 24935 Registration required and Australian ballot used in District No. 17, and 3x7 ballot used in all other districts. Sumner County— 1^ Districts 26072 Registration required and Australian ballot used in Districts Nos. 3 and 12, and 3x7 ballot used in all other districts. ELECTIONS. 45 Tipton County— 1^ Districts 29273 Registration required and Australian ballot used in Districts Nos. 1, 7 and 8, and 3x7 ballot used in all other districts. Trousdale County— 10 Districts 6004 No registration and 3x7 ballot used in all districts. Unicoi County— 12 Districts 5651 No registration and 3x7 ballot used in all districts. Union Cou7ity—16 Districts '. 12894 No registration and 3x7 ballot used in all districts. Van Buren County —S Districts 3126 No registration and 3x7 ballot used in all districts. Warren County— IQ Districts 16410 No registration and 3x7 ballot used in all districts. Acts of 1905. Washington County— 1'^ Districts ; .22604 Australian ballot and registration in District No. 9, and 3x7 ballot used in all other districts. Wayne County— 14: Districts 12936 No registration and 3x7 ballot used in all districts. Weakley County— 2b Districts 32546 Registration required and Australian ballot used in Districts Nos. 7 and 9, and 3x7 ballot used in all other districts. White County— 14 Districts 14157 No registration and 3x7 ballot used in all districts. Williamson County— 2"^ Districts 26429 Registration required and Australian ballot used in District No. 9, and 3x7 ballot used in all other districts. Wilson County— 2b Districts 27078 Registration required and Australian ballot used in District No. 10, and 3x7 ballot used in all other districts. : , . . ^ - ? m 4 *>.' ■ •- * f* M . T 1^ ♦ •♦^^ • t 9 f 257188